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Home My WebLink AboutMINUTES - 06241986 - 1.15 JUN 3 19a6 poum or Wvlsms or Cam MST& WMM, _ G�Kmwn EM WTrM main Against the County, or Aistriet wORTt� 20 Q.gp111R June 24, 1986! Co governed by the Board of Supervibon, the am cc this eoomOnt mailed t0 you Is 1W )touting Endorsements, and Hoard entice of the action taken on Tow elate by thb Action. All Sectias rsfaranoes orb Board of &Vw dwm (ParaVvo I1• bslar), to California GovernmeMt Codes given pursuant to Govermseent Code Section 913 and 915.4. Please :ate 1111 ■ila1401450 4 Claimants Christopher M. Hada COulity counsel Attorneys MAY 2 7 1986 Addresss 1568 Mission Drive NI81tiC18i, CA 94553 San Ramon, CA 94583 H nd del 'ver d AsoMU $3, 600. 00+ �eliVary'-o O�eNt m May 23, 1986 Date Beoeiveds May 23 , 1986 BY axilt postivarked on MT-Mark of SkipaRlsom IDS UiEry WHO Attached is a copy of the above-noted claim. 0 Dated: May 23 , 198_RM B&TOMM, Mark, By ` Aly a VKH: County : Glarif of the Board BUPWTIMM (Check only one) OSI Rhus claim Complies sutetantially With Sections 910 heed 910.2. ( I this claim FAILS to comply substantially with Sections 910 sad 910.29 and we are so notifying Claimant. The Board owuot act for 15 days GSection 910.6). ( ) Claim is not timely tiled.' 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). ( ) Otbers Dated: By: bevaEy ty III. MI •/Mark of the Board 70s (1) County Counsel, (2) County Administrator t ( ) Main was returned as untimely with notice to claimant (Section g41.3). lye BOD Orrin By unanimous vote of Supervisors presaaL (X) this claim U rejected in full. ( ) Othars certify that this Is a true and correct appy or the Board's Order en is aintirtfor this date. Dated: JUN 2 4 1QQa PM BA1'CFffi.OR Clark. By . Deputy Mark YAMM (Gov. Code Section 913) Subject to oertain s=eptions, you have only six (6) months !Arca the date or this eotioe was pm'soesally served ar deposited in the mail to Me a court action on tons elasa. Bea Government Code Section 945.6. Tau may Seek the advice of an attamey of yaw cholas in oCrnection with lois mattes-. if you rant to Ommat on attorney, lou should do so iamediately. T. P%Ws Clark of the Board 10: (1) Cmmty CMM029 (2) Canty Administrator Attached are Copies of the above ofaim. We ratified the Claimant of the Soard'a action on this claim by railing a Copy of this doaummat, and a memo thereof leas been tiled and andcrsod on the Board's Copy of this Claim in aOOcrdw oe with Section 29T03. ( ) A warnIns of nlalman*'s right to apply fbr leave t a late claim w mailed Dr►TIDsd"" 6 tBII, Sl1'QM'Ogt9 Clerk• By Deputy Clerk CLAIM TO: BOAn0 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 Administra i --Buir in�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 stamp � : , , Against the COUNTY OF CONTRA COSTA) MAYA 3��6 Vi 1, L4 � or _ DISTRICT) °"IIaA'C EL R B IERK RD OF RVISOR$ (Fill in name) ) RA CO CO. The undersigned claimant hereby makes claim against the C inty. of Contra Costa or the above-named District in the sum of $ QD 4)'"' and in support of this claim represents as follows : (,��, 1. When did the damage or injury occur? (Give exact dato and hour) 111�eb ry y f - ��- --- --------- %`� -- ----- i�- -------------------------- -- 2. Where did the d/a�mage or_i�n---sry oc-cur. (Inc/lude city and coun1ty) Ac"I';Vl ��llc?YT --------------• --------- ------------------------------ -{., 3. How tlid the damage or injury occur? (Give full details , use extra sheets if required) 3, i > cov _ J y� L?✓Z� ------"- '---'1--- {{ 4 . What particular act or omission on the part of county ror district officers , servants or employees caused the injury or damage? ' . (over) 5. What are the names of county or district officers , ser rants -or i em 1 ye�ecausing th damage r JuVy. tel• e h`��/•�� S i Ss f'uh/iG Geo s reel,Y Irl -- �damage _15 ��rsr61� .�«?s_re _a,��•��- _ 6 . Whit or injuries do you claim resulted? (Give fulextent of injuries or damages claimed. Attach two estimates for auto damage) - rt'-E��, ,' ' r- , ' � � -�:' - ACL ' ,�,.r"�/^� Y � ✓,/y �, �'• -� • , =�= 42"s, L 7. How he tunt claimed above computed? (Include the esti- -mated amount of any prospective injury or damage. ) 7 :./ f - ------------------------------------;-- d----,----- ------------ - Al --- - 77, 8. Names and addresses of witnesseys doctors and hos itals . � 9. List the expenditures you made on account of this accident or injury : DATE ITEM AMOUNT af Flo t1`i i%? P L1 f}/l(�!!•it'f/': 1/,i' .C��" Govt. Code Sec. 910. 2 provides : Cl/Alk-1iS Al W--olp,7� "The claim signed by the claim,; SEND NOTICES TOC - (A-t+-n or b -s ane person on his behal Name and Address of Attorney Claimant' s Sign ture Addr9ss Telephone No. Telephone No. a2(� 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 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 Sat-urday, February 15, during a heavy rainstorm. Police were stnu med at 8:07, arriving at 8: 30 , twenty,-three minutes later. 'M) vehicles, one carrying, tao 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. 'Elie northern-most westbound lane (V3 in the police report) was added approximately three years ago by narrowing the origin-il two lanes and including a shoulder section. The road has not been repaved, and the north lane remains a combination of smooth, light, paved surface and rough, dark, blacktop surface, with a 1" to 11," crevice where they join together. 'Lie 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' 84' of rood, dark shoulder; and 5'4" of light, smooth paveient next to the other lanes of the same surface. The center lane (#2 in the police report) is 9' 10" where Concord Avenue and Meridian Park Blvd. intersect. Lane marker buttons and reflectors are used to divide the center lane ,and the southern-most lane (; 1 on the police report) and also the northern and center lanes. rkowever, malty of the buttons and .reflectors are missing between the latter (#3 and #2) just before and ittmediatel_v after Concord Avenue crosses ;Ieridian Park Blvd. With only three (3) buttons for approximately 400 feet to the west of the point of matt , and no buttons or reflectors for the first_ 300 feet of rhat, 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 pata�ern of missing buttons/reflectors between lanes 2 and 3: 39 -nissing,' one.remaining, 4 missing, one remaining, 3 missing, one remaining, 5 missing. The total r:ssss is 51 out of 54. The section of Concord Avenue �,Aiere the accident occured is poorly lit, with only me streetli-4it at the northwest corner of the Meridian Park Blvg. intersection for westbound traffic. There is no streetlig1it for 2/10 das.•cf 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 aph, 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 then, and the vehicle code requires them to raise the basic speed limit from 25 mph. 3/of,5 CWS 86-3570 the city of Concord who assisted with the measumement of the lanes could find none distingui_shA)Ie From the numerous cracks and crevices in that section of roadway. CAUSE: Several factors cutbined 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 �Tr. Hada to perceive only two lanes instead of three; Even so, Mr. Ha&-L'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 5' in width; 3) Mr. Davidson, traveling "at least the speed limit" (according to the officer's statement to PIrs. 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. 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 I1r. Davidson's vehicle, which then swerved to the right and up and over the island, hitting stop sign. (It should be noted here that t-he officer gold Mrs. Hada on Sunday, February 16, the day following the accident, that ^Ir. Hada's car had / been broadsided. t•huen she contested that statement, based on the �(\ appearance of the car, he conceded. The report that ,followed listed the collison as a sideswipe.) J VEHICLE CODE IDWRACTIONS: 21754 - a vehicle may i s to the ri 1t only if the avanvnt is unobstruicted y pc.; � f� Y P and of sufficient width; 21755 - the driver of a motor vehicle my overtake and pass another vehicle upon the right only under conditions permitting such movement in safety; 1 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 highway, and in no event at a speed which endangers the safety of persons v or property; A 22352 - the legal speed limit is 25 miles per hour unless determined by ^j local authority on the basis of engineering and traffic surveys to be reasonable or safe at a higher speed; ---- - - -- 40696 - no finding that a person committed a traffic safety violation as alleged may be sustained except by evidence beyond a reasonable doubt. RECOM,ENDATION: The citation issued to Mr. Hada be dismissed. JAI � , 17 cR t13 _ -3 _- J�r•L .� � t GQ17, cJ f7✓ C �� / rICr / Ci , lL- /3/✓ � . Z 2,-I_f✓ C. `/ / ZCU30 i c/- n✓_.� 1=-�-�%_�_�.?17.L��?��1. mac _r '�, t. t I /a1,24t of f,-3�c. / i; e,:�4L:�A i CO/7C-U,—C/ A✓c . mrzr 71-•-, /77e c-/'c%Jr7 3,-- /vim I -x/72 C./ ,��` -- /�_ /rc._:, :I1�yLL�-_�/iJ/Tr - ? '�_ �c7i7L. CL712 L,J I- 5 2�C S( �7f�i�72�C e <, - '�rJun� 3/'7 ; � b,�r,.Q.c/i7lr, / ;77 / — - �.--_/' /c- /3 l✓'C /�?/7C� >Y�(.'L /r7r 4-11017 F[21 Ei NT � ,5 _ --_- - _ - �r, V^/ — CC7rzira/% -d e,257L LI/7,;J Vis? [ _ I.-.__� 21�if7 /Tl c�, n P.3✓� C3ly c� C/7 fc r7�.. fc,7C/L, 1..,P-,3 &175 /Q-T_`I_ / lC ✓fr74 LO,7C �7r � ✓�_. ----- �E/-%/��-:S�_1L_�-�Lcti.-��--�—/�.�-''c.��4-n��r /'7?•'- f-�.1 �3 ��cLJ_�._S��r=�'� ��L 75 ,E s n� j -Q � .177e r hl_u. /c- ' 1 su_� 4 e- �_ =' ~x_71/ ✓4 / ,2/� per- L�i✓C S cclLr �/J r<.L - 3v/d r Q ty/ 6�u /U �>< 6e/i.� C� ✓(_fr/L- a /L / /7 / c_5>< CL,,�6 1-7f #,3 /ane — //7.,�/� 5— rr✓C r 'S 5.�2 � / ,�c3/� -tr3i'a�� .� _ ( 5 c3rl� f� n_ _1 �_i/C (REPORTING OFFICER 'BEA-T PATE AND TIME REPORT WRITTEN �SUI_ ER VIf OR AIIROVIN-G T--TYPIST DATE AND TIME REIOMT L' P, EEi Tr{ c1-100w SEP 64 41 CR z J V 3G �Z7k _ ::� 2C1. �1.�__S— /�Z ._r f_l_ Kr1�:K.✓.._L1.rL_� .� ti:!?7` e ..4. . LLd-ZF S MQ 0 7f7 C..' -7.i 7.7`r_---e 7 C6,r77 '7 G — . 1 TT URis1�.f _ G� Lj�JF��Ca_T QAJ_ -. /3r�th I C--'FA YS _c R L.4._� Q -/-77 iTkrm,:]f�/ LS /c��o • - - _. _ —S-TR TLF ELL A.;T :ter t �'---` / Iii l�� ✓ / ! �1, �, A -' S 7r? -C1,17 -S.0 _7 _17011 /-'7/7 iL_rs�.,_._. _ r. 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All Section refarenoes are Hoard of supervisors Oaragrapb two below), to California Government Codes given pasua:it to Goverment Cods leotian 913 and 915.4. !lease note all OwaroinAw s Claisanti Christopher M. Hada County Counsel Attorney: MAY 2 i 1986 Addreasi 1568 Mission Drive Martinezj'CA 94ti5; San Ramon, CA 94583 Hand delivered - A cwt: $3, 600. 00+ By delivery to clerk an y 2 3 1986 nate Heoeived: May 23 , 1986 Sy sail, poetnw*w cc -Clerk a the of Supervlaws T63 airrify Mao Attached is a copy of the &Dove-noted alms• Dated: May 23, 19 86 NZ HATOELOR, Clerk, BY 0. PPd y C--anv K o es • : y : Clark or the ar 34parniorm (Check only one) (() Zhis claim oomplies substantially with Sections 910 and 910.20 ( ) '!his claim FA= to oomply substantially with Sections 910 and 910.29 cad ue ars 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 tU*d late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3)• Dated: By: putt' County III. PM: • • erk of the Hoard lot (1) CWunty Causal, (2) County Administrator r ( ) maim was returned as untimely with motioe to claimant (Section 941.))a ni. w= DIS By unanimous vote of supervisors presaat (y() This claim is rejected in Nall• ( ) Otberi oarti y that this is a true iR correct copy rbf tim a w eW o s:invtes for this date. Dated: JUN 2 4 1986 PHM IMItF:OR, Clerk, By Deputy Clark U1aQ M (Gov. Cods Seotiaa 913) subject to certain szoeptions, You Laws only aiz (6) aontla from the date or this wtioe was personally served or deposited in the sail to file a court action cc this claim. Bee GovW=mt Code Seetian 845.6. Tai ®y seek the advice of an attorney of yoga ahoioe in ocewation with this utter, If you sant to consult an attorney, you should do so immediately. v. 2Hmt Clerk or the Hoard Yvi Cl) Osaity Counsel, (2) County Administrator Attached are copies of the above claim• Ve notified the claimant aZ the Board'a action an this claim by sailing a copy of this doommtI and a MO Um%wf Aa' Oven filed and endorsed on the Hoard's copy of this Claim in a000rdanoe with section 29703• ( ) A warning aor,,claisantfs right to apply for leave t a late olais was smiled D�ITIDi'jUN 3 0 +�c� IfIIL 1111IDR, Qark, SY Deputy Clerk 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 presenter) 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 fcrm. RE: Claim by ) Reserbed for Clerk' s filing stamp: > VEIL ME • Against the COUNTY OF CONTRA COSTA) MAY 93 1ws or _ DISTRICT) PHIL SATSff? LER ROO (Fill in name) ERVISOR ) RAC AC By ..... ...: . . . .. . . . . The undersigned claimant hereby makes claim against the Counof Contra Costa or the above-named District in the sum of $ L`JjyG0� o/-, and in support of this claim represents as follows : CLr,�In%pica --------------------------------------------------------- - -= 1. When did the damage or injury occur? (Give exact dat and hour) &16e 2 . Wher/e di/� the a_am_age- o-r in/jury occur? (In/cl de/ city and county) !J/L7vC� &S�d (.."0"1./19 G 1 �-6a O o7s�q� ti'dt�?�rI/fit�`3T Cr C V �.��C", 'r 3 i`l '.� ::�' '1!� / �e� 0/&,g _ - ' ----------------- ------------------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) , red.-•� S1�,� - P� ��lGi �l�l'1,0.`./`. ��':,/-•-�- . moi. a' 010* - ------��1 C2f2 � ------------------- ---- 4 . W-hat---particular-----------act or -omission---- on thepart op'/.un ty or district officers , servants or employees caused the injury/ or damage? -�:1.` + "' � r�; ,�. '�:• % (over) 5. What are the names of county or district officers , servants ,or, employees causing the damaq o in ury? / , .�.�i�d o•� Sz�r��is©rs �-� �ic� • c�s�c.l-3 ter, �lwca�.�c� s fir.-�y�� C_v_r/_ _d_ 'e�Cz S_-�o__a_�rrd_�_i r ah74 6 . What damage or injuries do you claim resulted? (Give full extent W of injuries or damages claimed. Attach two estimates for auto �( damage) ,j i f= 4#1-s l_` u _ 1 -11 -- - .rr iia1� C.__:-- _-__- the unt claimed ab;6 computed? (Include the estimated amount of any prospective injury or dama5re. ) r". . 2AC .5 ---c------------------------*------------------ p ----- - ---- 8. Names and addresses of wi ..nesses , doctors and hos itals.�+ It 4 --------- - ----expenditures------------you---m---ade---on---------account---of---this--------accident-----or--------- 9. List the injury : DATE ITEM � w AMOUNT 71 x, 77RE" ti r c. Govt. Code Sec. 910 . 2 provides : r, "The claim signed by the claima SEND NOTICES T0: or by some erson on his behalf Name and Address of Attorney Claimant' s Sig{{! ture Addrgss Telephone No. _ _ _ _ Telephone No. *•.l••k'�.•A•�''A'.�'yt''k�'*'k K•'�*'k'k*'k'A'�•�''k'k•k'k'k�•'k'k•�'k'k'k'k�[•�''A•*'k•A•'k�''k#''k*'k'k***•k'k•�'�•'k'k*•k*�'*�'*'k',C�'',1'k�: ): T NOTICE Section 72 of the Penal Code provides : "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer , or to any county, town, city district, ward or village board or officer, authorized to allow or pay 14 1 the same ifgenuine s , anv false or fraudulent claim, bill , account , vouche or writing, is guilty of a felony. " , : CRIJ 86-3570Tm4 ` �/ 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 sixmmed at 8:07, arriving at 8:30 , twenty-three minutes later. '14x) 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 commination 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 lightpamement next to the curb and around the storm drains; 6'r' of rough, dark shoulder; and 5'4" of light, smooth pave-nmt next to the other lanes of the same surface. The center lane (#2 in the police report) is 9' 10" where Concord Avenue and 'Meridian Park Bled. intersect. Lane marker buttons acid reflectors are used to divide the center lane and the southern-ra)st lane ( `1 on the police report) and also the northern and center lanes. Hcnaever, marry of the buttons and reflectors are missing betueen the 1r.iLLer (#3 and #2) just before and immediately after Concord Avenue crosses Meridian 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 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 patb�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 r.Issinp is 51. out of 54. The section of Concord Averne where the accident occured is poorly lit, with only one streetlig�it at the northwest corner of the Meridian Park Blvd. intersection for westbound traffic. There is no streetlight for 2/10ths. caf 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 . ER4t 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 ccrrbined to cause the accident. 1) The markings an 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. }sada 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 5' in 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 Mr. Hada's vehicle, there is no doubt that Mr. Davidson was traveling faster than Mr. Hada at the time of the impact, apparently bec�me 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 told Mrs. Hada on Sunday, February 16, the dayfollou.inf; the accident, that Mr. Hada's car had been broadsided. When she contested that statement, based on the appearance of the car, he c(rceded. The report that -Followed listed the collisan as a sideswipe. ) VEHICLE CODE IITRAMONS: 21754 - a vehicle au ass Lo the right at: onl if the aver�mt is unobstructed � . 5 pass �� Y P and of sufficient width; 21755 - the driver of a motor vehicle may overtake and pass another vehicle upon the right only under crnuiitions permitting such mvement in safety; 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 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; 22352 - the legal speed limit is 25 males per hour unless determined by local authority on the basis of engineering and traffic surveys to be reasonable or safe at a higher speed; 1+0696 - no finding that a person committed a traffic safety violation as alleged may be sustained except by evidence beyond a reasonable doubt. RECOMvOMMON: The citation issued to Mr. Hada be dismissed. f 1 I CR 1.7 �44Lr7 .0( 4/.1.-946. =,il I-T7r-r- f' C::f// L7,-7 Pa AL- C Z- �sr- � - lanCS Z7� V/�7 76/7 t- ef LO- ? /7"-?, wl� -s ( a,'7C,7, qlf- . /77t, L- 3,1-1 t:R _-Q77 -74/71- 5LZz.ZW 7 It. jul�� 43,7 177e /ZL3 m tsfes._ �i _61:2 Lj,'7 Y C017L-Qf- J /7L, 77 J/7 t7 f- I L-6 14 T c::/,,; e -? A C.17 4C SL -JrI17 7 C-.7. d 1-;7 f -7. D X m a -/C It 177e-,,-1,A,21-7 /:R�l e-L 42�A, 17Caf- C,Ltr-6 10f7t, Ah'IL- 11- '7"1 SLJ.S-/cP C--j /77a 1*1:71-- <Y0, e 2t'f 70,L- "Xie'e "S -17-7,- r IL,,,g 5e /7 v C- i C /T/_ -//7t LUt-'571 CLI.,-6 '.77r -/!7L #3 /3/-7C-.i 0-17iL-1� 7.;,, 74 Gtr/civ '5-- 0,'7,=/ 7 REPORTING OFFICER BEAT DATE AND TIME REPORT WRITTEN SUPERVISOR APPROVING TV --ND-ji.0 RE.OPY Till L(,-,P,i f--F,-rt4 CP-100A SEP 64 _ 1 JF r7 �L ` ' CRu 17 71? �uZ.S , 07/ic.��It / ) yam : . 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H H H H V < t 3 O I, V O A O O O O N m • n Z Z Z Z U T m T V (1 D H O � < < 1 } L Z rn J l f ^ N County Cmmeol JUN 0 91986 ELM or SAWMM" or Cum am Cum -0—aimm Martine:.CRli� Maim Again the wunty, or bistriat !p Q.AD T June 24, 1986 ' sovwmed by the Bard of supesvisars, MW coP7 or-tug roc, Mr. muffed toIs ir flouting vdorsamentse and Board motioe of the action taken an low e� 1)ry coWINAttlee. All Section nferenoee SIM Board of Superdsors VW%V%* I►, to California Goverr1wint Codes liven weuant to government Code Section ILS Claimants Victor Gonzalez by S. throng Twn Gonzalezz su �� AtUrl"s James C. Downing 1460 Maria Lane, Ste. 200 Addreass Walnut Creek, CA 94596 By Board Of Supervisors swunts $750, 000. 00 By delivery to clairk on June 3 , 1986 nate Beosiveds June 3 , 1986 By mails Oostmorked ca . erk of the Board of Saper-T-140ft lot y Attached is a copy of the above-noted 41aim. 0 Lrv�...Pepoy anted: June 9 , 1986 pjM BATCHELM I C Wk q By y w es < FROM: County mmxil To, son (Check only tee) (�() !leis claim er:mplles substantially with 8eetioys 910 and 910.2. ( ) 2Ws claim FAW to ooeplY substantially with Sections 910 and 910.2. and N ane so notifying claimant. The Board cannot act tar 15 days (Section 910.4). ( ) Maim is not timely filed. Clerk should return claim an vowed that it was tiled late and send mansesof claimant's rift to apply for leave to present a late claim (Section 911.3). ( ) Others nateds Bye _ C:c c-� j Dewy tY W 16t pork, of the Board 1+0: (1) tY Counsel, (2) County Administrator ( ) Main wss returned as Untimely with notice to claimant (section 911.)). IV, BDAR By Unanisom vote of supervisors present lhis claim is resected in Rill. oartify that Ws Is a true correct copy of the STLR?a Orderis m3 �'"} . nates: 1 ia date SATMMM clerk. By O� , �� . beruty clerk VAN= (Gov. Code Section %3) Subject to certain esoeptiaesI You have only all (6) •onthe hmm the date or this Motion was peQ`*=4217 served or deposited in the argil to rile a cart action on this elate. See Goveruneet Code section 415.6. Tau say seek the advice Of an attorney of low aboiee in CanoeIm with ttds asttsr. If you rant to consult an attorneY. you Should do so lamediately. T. FAQs: Clerk of tbs Board ID: Cl) parity Cammis (2) Casty Administrator Attached we action an this olsimonpyie�alitbe above claim. we mtlfied the claimant of the Board's and on an t se the Board's mal ng copy of this docuneatg and a amo thereof has been filed Dopy of this Maim in t000rdanoe with section 29703. ( ) A maraliz of claimant's r sht to supply ibr leavet a late claim was sniffed to olatsante �TID:��(. �_!�L BATQ3}I�dR s Clerk, By Deputy Clerk JAMES C. DOWNING, ESQ. , DOWNING S 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 in •3 1.9e'; MOUNT DIABLO SCHOOL DISTRICT PHIL uuT McLoPt Judy Frederick, ee ""�40 c •c O Business Services Operation Director B� �"�' 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 6 DOWNING By: %fames C. Downing Attorneys for Claimant 2 . LAW OFFICES OF 1 DOWNING a DOWNING 1400 MARIA LANE, SUITE 100 2 WALNUT CREEK. CALIFORNIA 94690 T[L[.NON[ WISP 0141011 3 4 $ ATTORNEYS FOR Fam", m Claimant 6 7 8 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 the courts of the State of California, and a member of the Is 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: 32 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. 5 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 ernes or DOWNING a DOWNING YSS KAt1A LANE SUITE 1101) q WALNUT CAM CA MSM L MIST 936 NM LAW OFFICES OF 1 DOWNING Q DOWNING 1460 MARIA LANE. SUITE 200 2 WALNUT CREEK. CALIFORNIA94596 TLL[.NONL 1415194.1011 RECEIVED 3 4 MAY 5 ATTORNEYS FOR F5XIWF i Claimant PHIL9ATCNELOR ISM CLERIC 9oAA_q a_suFERvO+9VfF .�CONT TACO. 7 8 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 §911.4) Claimant, ) tt 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 t8 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 by Section 911.2 of the Government Code is 26 excused pursuant to Section 911.6 (b) (2) of the Government Code s • 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 8 DOWNING 12 13 By: aures C. Downing 14 ttorney for Claimant is 16 17 is 19 20 21 22 23 24 25 26 uw o..N:[s e. DONNING\DOWNING WOO NYY LAN( . �YlR _2_ wW&~CR[MC.t.wxi Y1M 9L NN JUN 3 1988 EM or cr AM OMA OMMS Como= CUt1m ABdrat the caletys or bistriot iCE ZO � �, June 24 , -1986 governed by the Board of Supervisors, iter Dopy os i us aoc�eni iib to �yvvuu L yore' )touting Sndorsementas and Board mottos cc the notice taken an your slats -Y the Action. All Section referanosa ars Board of Supardsors (Paragraph ITs belcuL to California Government Godes given pwouant to Coversnmant Code Section 113 and 915.40 Please mote all *ikarseiwe Claimants Raymond 0. Horning Coo*ftow Attorneys Kahn & Fasano 155 Montgomery St. , Ste. 1600 MAY 2 91986 Address San Francisco, CA 94104 hand delivered 'a,"e7 CA 4" . F Ainowts $100, 000. 00 by delivery to cltk m May 23 , 1986 Date Beosivads VY)&-j 413,"k'6 By mails postmarked on : Clerk of the Board of Supervisom lug y Counsel Attached is a copy of the above-noted alms. nateds May 28, 1986 RM ShTOELOR• Qsrk• By pasty a s -71 : y camel TDs Cl or the or supirdscirs (Check only one) this claim ocmplies substantially with Sections 910 and 910.2. ( fts claim FA= to o®ply substantially with Sectiones 910 and OM0.29 and we sots so notifying claimant. The Board Cannot act for 15 days (Section 910A)a ( ) Claim is not timely filed. Clerk should retrain 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 )Dated: Byec putyCounty III. !AGMs 1116lark of the Board 20s CO County Coeesels (2) County Administrator r ( ) Clain was returned as nntimly with notioe to claimant (Section M1e3)e IV. DDAM By wmnnimous vote of Supervisors present (}(I this claim is rejected in full. ( ) Others Certify the this s a true Correct Copy t a en is s date. Dated JUry T 41986 mm BJI7amw0 Clerks �► � • Deputy Clerk VAMM (0ov. 00de Section 913) Subject to Certain exoaptionss you bave only six (6) months from the date of this notice was Pwwrally served Or dspoaitsd in the sail to fila a court notice an this 411430. See Coverament Code Section "549 You say seek the advios of on attamey of yea cboioe in oonnnectioa with this matter, if you want to Consult an attOn9eys you shmdd do so twediatelye 1/e IJIMs Clerk of the Board Wt Q) Owmty em nsal s (2) Oamnty Administrator Attached are Copies of the above claim. Ve notified the claimant of the loardsa action an this Claim by sailing a Copy of this dDaMents and a am thereof bas been filed and endorsed on the Board's Copy of this Claim to t000rdanoe with Section 29703. ( ) A warning of claimant's runt to apply for leave t a late olds vas nailed to ULTIDs1986 yam, BATOMDR• Clerks By SW� Dep y Clerk CLAIK TO: BOARD OF SUPERVISORS OF CONTRA COP RYapplication to: Instructions to ClaimantC!erk of the Board r.5/P,'„ e J././ yio 6 Martinez,Califomia94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the -cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end o t is form. RE: qjw3im by ) Reserved for Ips t RECEIVED MAY a,310Qc Against the COUNTY OF CONTRA COSTA) ,MVV PHIL BATCVEI�Vllor DISTRICT) EK AT C (Fill in name ) OV) kJ The' undersigned claimant hereby makes claim against the County.of Contra Costa or the above-named District in the sum of $ � !'� 0 of7 ,/ and in support of this claim represents as follows: p� 5OY1Q� W e� ---------------------------:--------------- --------� ----------- --- / 1. When did the damage or injury occur? (Give exact date and hour] o ------------------------------ 2:__RR e'aidCtheUdat�e or (jury o cu? (Include city and county) CoRficq costa; �5laen��a EETrr;RI.n 71o3. How did the dgo injury occur? Give M17W tails, use extra sheets if required) Kecl ( n ( r\J ��-�S`b v\ 64 e �� -c A CQ_6� �a►�ks c� -----------------------------T-------------------- --------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? FQu QV e m� Ctun c� o41c,e� S , Plar befit QNcl �p �o�er� Ie�ela ers �a r o I � d al na n -}- � � u � �� p �- � e �. � pro L e=G l t NA ['6 M aVI K 416e 6 Ln (—Pav-W over) erDsIt)r �( , 5. What are the names of county or district officers, servants or• • employees causing the damage or injury? - - Coy n$_�_Q 6. ~what dbtnage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) b (Do h n L� _a41 -- __ 7. How was the amount claimed abo e co uted (Include a estimated amount of any prospective injury or $$$amag ) personal esfiwale) 8. Names and addresses of witnesses, doctors and hospitals. } - -------- -- - - ---------------------- 47'List List the ex -d:itures^---you----made-----on---account--------of--t-his 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. " ltz- Name and Address of Attorney 1 � `�gspv,b Claimant s Si atur a '(aAddress 5qq*Fn%VC1sco tit r- C Telephone Nd,.('f V 411'3131 Telephone No. k 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 p a a4r�visoRs or Cam owl MMM, a LVM-rzA IM Am= Claim Against the Can .�D'11hR Canty, or bistrict OriTCE 20 QJune' 24, 19$6 governed by the Board of Supernimme The cop? or-thIS&CUMentb tow Is gots' Routing WOorsements, and Hoard motioe of the action taken on your elate by lbs Actim. All Section referenoss are Board of SVarvlwm (pwvSrgh r• below), to California Government Codes given p wmnt to Government Code Section 213 and 915.4• Please note all Rarnings". Claimants Quiller & Patricia Barnes CqM0 C0jW Attorneys David W. Rudy MAY 2 Bianco , Brandi, Jones , Shane & Rudy y �9$6 Address 44 Montgomery St. , Ste . 900 San -Francisco , CA 94104 hand delivered r ' Amounts Undetermined By delivery to Clerk on Mai' 91, i Q--�— . Date 10001 10d: May 23, 1986 Ti' ■til• wst'~ on . erk of the Board of Supe sots 702 azEy oiaiiu Attached is a copy of the above-noted claim. 01 Dated: May 28 -193-6-MM BATS, Clerk, By Deprty Cd1 . : County Counsel 7D: Clark or Uw or 34rrgsora (Check only ane) (x) This claim complies substantially with Sections 9L0 and 910.2. ( ) This claim FAIIS to ocmply substantially with Sections 910 and 910.29 and we are so notifying claimant. 7be Board cannot act for 15 days (Section 910.d). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others DatedsJq n, By: puty County III. PROM: , erk of the Board 701 Cl) ty CMr9wl, (2) County Administrator r ( ) Claim was returned s, untimely with notice to claimant (Section 921.3). IV, Baum ormimR By unanimous vote of Supervisors present This claim is rejected in full. ( ) Otaars Inures y thaforw s In a true correct copy 's^ 0-n is s date. Dateds JUN 2 N= BATMMOR, Clerk, I , • nepsty Clerk WAMM (Gov. Code 98Ction 913) SubJect to osrtain exceptions, you nave only six (6) months fron the date of tun notice w personally served or deposited in the mall to fife a court action an this claim, ass Government Code Section 945.6. Tau any seek the advice of ars attorney of ear dcloe in nonrsection edtb this tatter. VIM rant to consult an attorney, you should do so immediately. T. nM: Clark of the Board TDs (1) County Cour»el, (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 Dopy Of this doement, and a mamo thereof has been filed and endorsed on the Board's copy of thus Claim in a000rdance with Section 29703. ( ) A ea mii�nngnof claimantts right tc apply fbr leave to t a late claim las mailed DATIDs"AN 3 0 1986 11MIRTOMDR a Clark, By Q��. Deputy Clerk f e L CLAIM AGAINST COUNTY OF CONTRA 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 RECEIVED safety. Claimants relied on approvals of The County of Contra Costa in deciding to buy their home. MAY3 soar. �vVv (2) The County of Contra Costa vMaeA MEIOR failed to require that precautions be LERK ARD ERVI$O TAAC TA Co. _`�_ 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 - 0 UAIN �/►� or WPOt M—M or Cam META �1li. dLII�L BDARD AGTION Claim Against the County, or Ustriat BafICE !0 DZ.AD�Q1R June -24, 19$6 Bove: by the Board of supervisors, The Copy orUls a0menmant mixed to L low Routing tworsements, and Hoard motios of the action taken an yar alma try the Action. All Section references an Board of �dscre �Paragnaph Itr beladt to Califamia Government Codes given ptrsuent to Government Code Seotiaa 913 and 9154~0 please note all 9warCIV8 e. Claisantt Charles D. Barton & Cindy. Barton Charles G. Barton, a minor County Counsel Atter ms MAY 2 It 1986 Address: 917 Randy Lane San Pablo, CA 94806 Hand delivered Martinez, GP.94 �• Awwts $1 , 000, 000. 00+ By delivery to Clark an May 9. 1 Qq r, Date Beoedvedt May 22 , 1986 By mail, poetmarw an : Clerk Ef the Board of supe sons t MOY ciao — Attached is a copy of the above-noted claim. Dateds _ May 24, 1986 VEM BLT 1CM, Clerk, By Cathj K les : CRMty s Qsrkcors (Check only ane) ( ) TWO claim complies substantially with Sections 910 and 910.2. ( This claim FAns to ocmply substantially with Sectio,, 910 end 910.29 mrd We ars ao notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Maim is riot timely filed. Clerk should return claim on grotatd that it was tiled late and send warnsn� of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others bated: C i BY:,V c v' puttCoamty Counse III. PRM: Clark of the Board 70: (1) Caa:ty Casual, (2) County Administrator r ( ) Maim was returned as untimely with emtioe to claimant (Section 9i1.3). 19, MOD CFO= By unanimous vote of Supervisors present ( this claim is rejected in lull. ( ) Others Certify that this Is a true mvW oorreot Copy OfUw zoard'e Order Catered In is minutes for this date. , By � • Depaty Mork Datedt RMB0.TCFffi.OR, Clark YAMM (Go.. Dods section 913) subject to Certain asceptions, you have only sis (6) mrontba pram the date of !Itis notice ras psrsoetally served Cr deposited in the mail to Hle a cart action m thLa claim. See Govarnmeat Code 3wUca 945.6. You may seek the advice of an attorney of yea ohoios in onmactian with Isis matter. If you rant to consult an attorney, ycu should do so Immediately. •. nWs Clark of the Board iOt Cl) Daasty Daiiael, (2) bounty Administrator Attached am aimcopies or thebcve Claim. Ve wtified the claimant of the Board's aMion and an On this on the b y n1 ng a copyof this domomt, anda memo thereof has been filed copy of this Maim in acowdswe with Section 29703• ( ) A warning otff cla+mantgo right to �y for leave t a late claim was aisiled DATED JON �� ?MI, summms Mark, By Deputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF r Government Code, Section 910, et sea -JL*JJ10j4j4� re: Barton v. Contra Costa County RECEIVED + TO: Contra' Costa County MAYx, 1986 Clerk of the Board ('OSPm " 7HIl BATCMEIC: 651 Pine Street CU �CUST O Room 106 ... 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-,Fimants' damages is in the "Itemization of Damages," which is" attaabed heret�6. Ma 1986 !, I 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 N?m or wmpn 4 or cam am mmm• cum —am AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY_ FLOOD CQNTR,OL AN� WAATEB ONSERVATION Rj�T�� June 24,- 1986 Maim Against the county, ar Diatria taken i° �O ass='es tide governed by the Board of Superrisors, re a" arms flouting Endorsements, and Hoard notice of the action 70%r Action, All Section refaranoss are Hoard of 3upardsom (paragraph We SON)* to California Government codes Siren ponauant to Goverrmant Cc& Section 913 and W15.%. Please note all eiiarni W 0 Claimants Charles D. Barton, Cindy •Barton, County coun' Attorneys Charles G. Barton, a minor MAY 2 ( 1986 Addrdst 917 Randy Lane Maftez; CA 94wo San Pablo, CA 94806 Hand delivered V Amounts $1, 0U0. 000. 00+ b!y delivery to Clerk an May 22 . 19 9 6 Date >"dVad: May 22, 1986 Ily mm,il, postnarlad as . 790M. Clerk of the &7aFd-of Supel6VLSOM 702 ammy Maio Attached is a copy of the above-noted Claim, , lames May 24, 1986 pM giTCHM,0g9 Clw*g my Aoa 11. = County Counsel Ws Mark or un Board of lajivils'ws (Check only one) ( This claim ocmplies substantially with Sections 910 WA 910.2. This claim FA= to comply substantially With Sections 910 and 910.2, and M ora so notifying claimant. the Board cannot act for 15 days (Section 910.8). ( ) Mals is not timely filed. Clerk should return claim on ground that it was filed late and send warning of elaimant'a right to apply for leave to present a late claim (Section 911.3). ( ) Others Bated: By: , Deputy County 1 III. !'Rol: Clerk of the board 700 (1) County Cconsal, (2) County Administrator r ( ) Claim Was returned as untimely with notice to Claimant (Section 911.3). I9, SO= ORDER By unanimous vote of Supervisors present (A 2WO claim is rejected in full. ( ) Others Cartitj the ue this s a trcorrect Copy a the Order an is minutes for this date. tateds JUN PM HATCRCM, Clerk, By a�� . >leputy Mark VAMM (Gov. Code section 913). Zubjeet to Certain aaooeptions, you have Daly six (6) months from the date of this notice was personally served or deposited in the mail to filo a Court action an this elate. Zee Government Code Scotian 945.6. You may seek the smae of an attammy of yea choice in oorsssetion Witb this arttar, if you Want to oonmat an attorney, you should do so immediately. ♦. nm: Clerk of the Board SOs Cl) ca my Counsel, (2) Casty Administrator Attached are oopiam of the above Claim. We notified the Claimant Of the Hoard's teticn an this Claim by mailing a copy of this doconent, and a memo theavof has Olen filed and endorsed on the Hoard's COPY of this Claim In accordance With 3eetion 29703• ( A cawing of dlaimant's rift to apply ibr Ieare to t�/ablate claim was nailed WED:" lg86 TRIL fllTQlf M# Clark, By � a C. r 1 Deputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE-`R'BLIEF Government Code, Section 910, et seq re: Barton v. Contra Costa County Flood Control s r c -RECEIVIED TO: , Contra Costa County Flood Control District MAY�,'t19$6 Contra Costa County 651 Pine Street 1',05p.M ' ►H0.BATCHELOR Room 106 LERK SQA"' ''r p SU ,QRS Martinez, CA 94553 c RA COST p D 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 s San Pablo, CA 94806 i 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 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 the repair of draina a systems to prevent future flooding. The i' description,of the la mants' damages is in the "Itemization of Damages" which is a to hed hereto. May 9'86 PD aJVV_11 Char es D. Barton, divivally Cindy Berton 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 s� OF SUPOVLIM of tWK COCA Q MMs dL� 986 Claim 1�� the cetyl or bistrIet p,► ZO Q.L4g1R June 24, you Bove:us►d by the Board of Supervisors, � copy s documented too at the action taken On our :s ' Routing B<ll Section and Board �rd of av,�.Isocs Varlafapb re�� Action. All Section it Codons are vea to Govers�t Cods aectim I,3 to California Goven�ent Codes � SL504ease note all ruarntwe Claimants Samuel George Benson cftt r cow" •ttaelays MAY 3 0 1986 Addreass 234 E1 Toyonal 'A►bnq: -iZ, Orinda, CA 94563 hand delivered t'f: Amounts Unknown as yet. By delivary to Clark eo May 28 , 1986 Date Beodveds May 28 , 1986 By mailo postw~ on . FW.77Merk R the Board of 708 y ORRa Attached is a copy of the above-noted chis. sews May 30, 1986 pM ZRTOMN, Clerk, By : y : QWR-4K UM MOM (Check only one) ( =a claim o0mplie3 substantially With Seetiosas IAO and 910.2. ( Chis claim !Anes to *amply substantially with Sections 910 and 910.2, and We awe so notifying claimant. The Board cannot act for 15 days (Section %Do$). ( ) Claim is not timely filed* clerk should return Claim on grand that it Was filed late and send warning of claimantfs right to apply for leave to present a late claim (Section 411.3). ( ) Others Dated: - ' III. !RQl: Clerk of the Board Vs (1) County Counsel, (2) Canty Admiaistratar t ( ) Gals was returned as untimely with notice to claimant (Section olles). IT, IDAAD OM By unanimous vote of Supervisors present (� !his claim is rejected in rule ( ) Others ofarti.fy-that this Is a true and correct copy of the 's Order en t minutes for this date. L /Dated: N 2 4 iQQ� RM B OM W, Clerk, By ✓� . seputy Clerk WARNING (Gov. Cods section 4i3) Subject to certain esoeptiaea, you have only six (6) months !from the date of tUs notice was parsoenally served or deposited in the mail to file a cart action m this claim. See Goverament Cods ss*tion 915.6. Tau may seek the &Mae of an atta=y of War ctoioe in connaction rlth this matter. If you want to consult an attormey, you should do so Immediately. To !!Wli: Clerk of the Board IN (1) Casrty Counsel, (2) County Administrator •tULched are copias of the abm claim. We notified the alaisant cf the Boardes action an this claim by sailing a copy of this dwmeat, end a memo thereof has Osen tiled and e:darsed an the Board's copy of this Clots in 6000cdaaoe with Ssetion 29703. ( ) A warning�of claimantts right to apply ror leave to persent a late DIALS Was mailed Di1TID:Am`�N 3 0 19RR 1PM SITOELM s Mark, BY laArty Cl k RECEIVED MAY Z� 1965 Claim of SAMUEL GEORGE BENSON, M.D. ) PHIL BATCHELOR 1 1ClEgK PER NTRA TAC ISO 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 El 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. 1 6 . All notices and communications with regard to this claim should be sent to: SAMUEL GEORGE BENSON, M.D. 234 El Toyonal Orinda, California 94563 Dated: May 27, 1986. I SAMUEL GEORGE BENSON, M.D. i 1 .I I wpomm or cam w= Claim Against the Countyq or bistriet 9MCL► 20 CLAaf_A11'f` June 24 1986 governed by the Board of Supervisors. !be copy ar tau 400u t suied so ion ks year Routing Endorsamenta. and Board notice of the aetien Won an your by the Action. All Section referanose we Beard of Supsrviscre . Alan), to califor�nia Government codes given pnsysant to Government Code Seatim ILS and 115.4• please note all wwandawo Claimants Kimberly Dawn Chittock, b-y and through her guardian at lige, Wesley Chittock -amts Attorasys Michael J. Shane Redmond & Shane JUN 03 Igor 251 Oak Street San Francisco , CA 94102 h dd ve delir d bhmmts $100, 000, 000. 00 BY I�'y it" m June 3 , 1986 Q53 Date Rescinds June 3, 1986 By mils postmarked an s ark if the of TupeFUscre lot Miry Attached is a copy of the abovs-noted slain. Dateds June 3, 1986 PAIL UTCEMM O Clark. eeepewty : y 55581 TDs (Check only one) (X) ?bis claim complies substantially with sections 910 and 910.2. ( This claim FAILS to comply substantially with Sections 910 and 9110.2. and we ars so notifying claimant. The Board oannot act for 15 days (Section 9MOMS ( ) Male ss not timely tiled. clerk should return claim cc ground that It was fuse late and send warns of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others ALed: ByrDeputy County IYI. 16S Clerk of the Board ?fl: (lI County Counael. (2) County Administrator • ( Maim was returned as Muscly with notice to claimant (Section 91L1.3)• IV. MM Glut By unanimous vote of Suparviacro p�asent (, This claim is re3eeted in fns]l. ( ) Others I ow i y that this Is a true and o0rreot copy to Order ccs sainatm L bated Z1l s PM UT0MM,wk,9y ��(� . Deputy Clerk VARtM (Gov. Code section 913) tuD$eet to certain anooepzieas, you have Daly Bis (6) months rrom the date of lois notice Was pac'sanally served or deposited in the tail to file a oart actino an tete data. See Government Code 3sotim 915.6, Tou Oaay seek the advice of an stt rM@y of your aholce In eon nectim with tete utter. If you rant to consult an attorney, you should do so Immediately. 7. VIM: Clark of the Board !Ds Cl) County pomsel. (2) wu my Administrator Attached are copies of the above claim. We notified the claimant of the Boardfa action an this claim by nailing a copy of this doensDnrat# and a seIDo thereof has been filed and endorsed Mthe Boardoa copy of this Claim In a000s+danoe with Section 29703. ( ) A warning of elataant•s runt to apply fbr leave to t a late slain w nailed 0��t. A1TID: UN 0 1986 IIIIL BATOMDR, MWk. By DsP:ty Clerk LAIS'OFFICES REDMOND & SHANE TWO FIVE ONE OAK STREET SAN FRANCISCO.CALIFORNIA 94102 (415)6213366 MICHAEL J.SHANE ALAMEDA OFFICE TERENCE A.REDMOND SOUTHSHORE ALAMEDA,CALIFORNIA PHILIP T.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 1 �y by MICHAEL J. SHANE MJS : jb Enclosures RECEIVED JUN :3 1986 PHIL TCHELOA 9 EFK A 0 wROVISORS i b 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 1986 R"L BA HELORA TAIR RS NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE: Unknown. AMOUNT OF CLAIM: $1001000 ,000. 00 ITEMIZATION OF CLAIM: Special Damages : Approximately $180 ,000 and continuing General Damages : According to proof REDMOND & SHANE Cl Dated: June 2, 1986 by M CHAEL J. SHANE, Esq. Signed on behalf of Claimant , KIMBERLEY DAWN CHITTOCK -2- ' ��rn e� feli�V'f�S � IABYA Q�li. CA1.�IRA Clain Apinst the qty, or bistriat amm 20 CLLVW June 24, 1986 Rove: by the Board of AuPwTis"t 1be OW Oa Me ooctisoewy mailed l018 Pw en Routing Endorsements, and Board nodr es of the notice taken On Toeum by the Actim. All Section referenoas UPS Board of Supervisors opar'agrath rye 6")v to California Government Codes given pursuant to Government Cods section 913 and 915.x. ties" note all *Ya"inwe MaiaaM: Wesley Chittock County C"wj Attorssy: Michael J. Shane JUN 0 3 1996 Redmond & Shane - Address: 251 Oak Street San Francisco, CA 94102 hand eloy,ged June3 .Amountsst: $100, 000, 000. 00 By 1986 Beoaivsd: June 3 , 1986 B9 nail, posuamw Oe PMT-. eek o Supervisors : y Attached is a copy of the above-noted claim. Batedt June 3, 1986 RM BITQMAR, Clerk, By tivt7 o e nom: County c4unsel TDs (Check only one) (� Zbis claim complies substantially with Sections 910 and 810.2. ( ) 'ibis claim TAILS to comply substantially with Sections 910 and 910.29 and was ars so notifying claimant. The Hoard owmt act for 15 days (Section 910.0. ( ) Maim is not timely filed. Clerk should return claim an V%oud that it was M011 late and send warniof claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others bated: „c-, BY: x 2WHY tY III. til: Clerk of the Board i0: Cl) County Counsel, (2) County Administrator ( ) Claim was returned as mti=ely with notice to claimant (Section 911.3). IY. D= GtmBt By unanimus vote of Supervisors peasant we claim is rejected is =0 ( I Other: certify that this In a true aa oorreot copy the i3im—'s-order an L as for this date. �,e natede JUN 2 4 I9A9 .HIL B117'CFO'1.O�R, Ciark, By - '�i�----� . DsPuty Clark wbm�VAN= (00v. 00de Section 913) Subject to oartain sweptions, you have Only six (6) umths frm the date at we notice was p &WALlly awerved or deposited in the Vail to file a court action an this slat=. ase Goverment Code Section 945.6, You Vey seek the advioe of an attorney Of yar Cholas in oonr:sction with this utter. If you want to consult an attorney, you should do so immediately. T. lBO+l: Mark of the Board !D: Cl) bounty Oomsal, (2) County Administrator Attached ars copies of the above claim. We notified the claimant of the Board's action On this claim by nailing a oopy of this document, and a ww them! has Ogen tiled and aodarsed on the Board's copy of this Claim in a000rdarm with section 29703. ( ) A wrrnniinng Of clainant's right to apply for leave t a late alai= was nailed WwltlojU 3 0 146 M BLT=M s Clark, By Deputy Clerk 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 o ALAMEDA,CALIFORNIA PHILIP T.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; 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 73 1985 PHIL ELOR ERK TR 0 STACOVI ORS Buy—Duty 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 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. ERECEIVEID �3 ATCHES WIOi gVISCO AC BY :w • NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE: Unknown. AMOUNT OF CLAIM: $100, 000 ,000. 00 ITEMIZATION OF CLAIM: Special Damages: According to proof. General Damages : According to proof REDMOND & SHANE Dated: June 2, 1986 by MICHAEL -J. SHANE, Esq. Signed on behalf of Claimant, WESLEY CHITTOCK -2- f war JUN 3 1986 cum pDARD Or Nims OF AW cost1 Wwff- camu RL2DA1m 1CT10Ji Claim Against the County, or District 3MCE 20 C1WLWJ T June '24; 1996� lovennsd by the Board of SupervimMe 7t* oW s document BRILOG to �yvvnn Is Par Routing gh6orse�monts, and Board notice of the motion taken on yaw elate by the Action. All Section referenoes Bre Board of Supardsors (paragraph r$ bale►). to California Government Codes given pursuant to 0overoment Cods Section 943 and 915.40 nesse note all vdanda we Claimants Barbara Coleman nunse( Attosnsys Lee H. Durst Lee H. Durst Law Offices MAY 021986 Address 352 Third St. , Ste. 202 Amounts Laguna Beach, CA 92651 By delivery to Clerk an Martinez, GR 94.553 . $400, 000. 00 R"81"d' May 23 , 1986 joy w1l• postmarked on May 21 1986 Cert. # P 240 162 93 . erk of Supervisors 701 Ctumty Counsel Attached is a copy of the above—noted claim. meteds May 23, 1986 per, 9ATCHE=, Clark, by � 1� Dapvty —ca y7 n`owies . : y cmnsil 70s Clark sots (Check only one) (xI 7his claim oomplies substantially with Sections 910 and 910.2. ( I !'his Claim FAIIS to o®ply substantially with Sections 1110 and 9110.29 end va ars mo notifying claimant. The Board cannot act for 15 days (Section 1110.0. ( I Claim is not timely filed. Clerk should return claim on Paasd that it vas filed late and send warninngg of claimantfs right to apply for leave to present a late e�laim (Section 911.3). ( I Other: mated: 191E6By: posy tYCbunsel III. PM: Qark of the Board 70: (1) ty Counsel, (2) County Administrator t ( I Claim was returned as untimely with notioe to claimant (Section 111.3)• IV, 8OA1m am By unanimous vote of Supervisors present Y�I 7tiis Claim is rejected in fnll. ( ) Otbors certify that this 18 a true iR Correct copy of the Board's Order onis adnvtes for this date. Dated, JUN 2 4 14RR. FM BATCMLOR, Clark. By �� . yjepaty Clark YAMM (Gov. Code 9sction 913) Subject to certain exceptions, you have only six (6) months from the date of a" notice Was personally sawed Or deposited in the mail to file a court motion an this algia, mss Government Code Section 945.6. You may seek the advice of an attorney of your ahoioe in or mmaticn •ith this matter, if you rant to ommat an attorneyo you should do so Immediately. T. "W9 Mark of the Board 708 (1I County Oounsel s (2) Cowty Administrator Attached are Copies of the above olaim. We notified the claimant Cf the Boardta aMion an this claim by mailing a COPY of this documents and a memo thereof has been filed ftd endorsed an the Board's copy of this Claim in t000rdarm with Section 29703• ( ) A vaarniinngg of claiw:t•s riart to apply far leave to u ma a late claim was to 6101wt JUIT , D� i 0-f986 NZ aTQ ' AR, Clerk, Syy Deputy Clerk (SPACE BELOW FOR FILING STAMP ONLY) 1. LEE H. DURST ATTORNEY AT LAW 962 THIRD STREET, SUITE 202 2 LAGUNA BEACH, CALIFORNIA 92661 TELEPHONE (714) 497-$947 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, > RECEIVED 14 ) -vs- > MAY 23198` 15 ) COUNTY OF CONTRA COSTA, STATE OF ) PHILATCHEIOR 16 CALIFORNIA. B T COSUAPEA ISOIIS J lh NMI, 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- i 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 ; aa 12 Claimants , the County represented to Claimants that it would N � � N ` i ? 13 undertake to repair and remedy , and would repair and remedy , LL F. 14 earth movement and conditions leading to such earth movement on Wo ; CZ 15 a hillside lying partly within said property and partly within � k = m = C4 16 16 property owned and/or controlled by said County of Contra Costa. 1 17 ( 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- 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 off „ 12 Claimants are unaware of the exact amounts which would N � � N � � � � 13 be required to remedy and repair said conditions and the causes KCU) o ` W< d 14 thereof at the present time and , therefore, claim damages for � _ Ur W0 ¢ a = 15 the diminution in value of said property in the sum of $170,000 , ' 04 , N < It 16 holding costs of $2 , 500 per month and demolition costs of n z u 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 , 19.86 24 25 /_. LEE H. DURST 26 Attorney for Claimants 27 28 -3- VERIFICATION STATE OF CALIFORNIA, COUNTY OF I 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_ Oa 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 1 believe them to be true. ❑ lam 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 1 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 cop) of document described as.. on 19—. Type or Print Name Signature PROOF OF SERVICE STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the county of Orange State of California. 1 am over the age of 18 and not a party to the within action; my business address is: _352 Th_i_rd Street, Suite 202, Laguna_ Beach, California 92651 On. May 20 19__L6, I served the foregoing document described as CLAIM AGAINST PUBLIC ENTITY ounty 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 ❑?C (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—6at Laguna Beach California. ❑ (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the offices of the addressee. Executed on 19. at California. ® (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. ❑ (Federal) I 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 E%BROOK TIMESAVER(REVISED 6/63) Way ,,usaa re Cento?n+a State or FeEaral Coeoq X�m sr ssttvsetyYmm Qr CM tom MMM d1.Z A AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD _ CONTROL AND WATEg C0 SE VATION DIST �n R June 24, 1986 Clain *d by t the Casty• er District s aQ to tat is Soveraed b'! the Hoard of �uperdsors, !!a oo'P'! Olata pdor outing & s�tss and Board antics of the action taken on 70tr b! Actiar, All Section refers ions ars board of &Spardsors 0%r'aQ'si+h 37* le10n) to california Government Codes Siem ps'suant to Goes .-t Code Saatiae i3 and ILS.4. Please note all qiarnirf e Claisante Pauline Botelho County (70iwal Attaysys Jeanette K. Shipman JUN 0 4 1986 Sterns , Smith, Walker & Grell Address 280 Utah Street San Francisco , CA 94103 lmassts $1 , 000 , 000. 00+ �Hwi a•:y f4rCa" an Ma.y 28 , 1986 Date 2e04001 May 28 , 1986 'y mile 0°stuefted an s erk O pe sous i y aio Attached is a copy of the above-noted claim, (� , Uteds June 3_ 198E "M RATOM"s MWkg Sj/ 4� oW� 1t7 Cat 4poial • i y cotmel IDS Cl or bw or sow—T-aw" (Check only one) This claim oamplies substantially with Sections 9110 and 9110.2. ( ) psis claim LASS to comply substantially with Sections 9110 and 9110.29 and we are so notifying claimant. The Board Cannot act for 15 days GSectian %04). ( ) Claim is not timely tiled. Clerk shro 2d return Claim on proud that it vas riled late and send warnim of claimant's right to apply for leave to p vssnt a late Dials (Section 911.3). ( Othert Datedi By7v .. �t� putt' ty Ll zn. Pm s Clerk of the Board TOS Cl) Camty CCiansa2s (2) Canty Administrator ( ) Claim was retti wed as untimely with notice to olsimant (Section 9112.3)e lYe MOD am By wwdm n vote of Suparrisors "Mt (x) 2we Claim is r octe0 in full. ( ) Otbwg oerti y theims is a true Dor wt am the Boaard's entwid its at or this date. nateds 1� DspuR1 Clerk .IUN 4 )986 m. UZ'CE,OR s Clerk. Syr YAhQtDIC (Gov. Oode Ssati® 413) &*Jbct to oertain smoeptiaa s you have Daly sis (6) meths &M the date a< tdis trotioe tie, personally saved or deposited in the wal to rile a oart actim m this slats. See Govw=wt Code sectiaa 9~5.60 !ou 11191 seek the sddoe of an attotvsy of your Ctioioo in omnectiai idth WAs satte, it you tient to consult an attorneys WU sh dd do so buediately• .. HHMi Clark of the Hoard IDS 40 Couetty Coaiaals (2) Canty Administrator Attached are copies of the above obit. We Ratified the claisant of the board's aMias Ca this claim by nailing a Copy of this doaaseats and a servo thervof Acs bm tiled and sn&r"d on the Hoard's Copy of this Claim in a►ooadarm with section 29703. ( ) ma of el,+•�,++•s Mist tftt� o y !be' loaea �rasant a late claim Nos sailed A1TIDS Jto 9� � PM UTMM. Mork. by . 94pirty Clerk I 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 575 Brookside Drive San Pablo, CA 94608 RECEIVED 2. The address to which notices are to be sent is � ;! 1986 Jeanette K. Shipman LAW OFFICES OF PHIL B T ELOR STERNS, SMITH, WALKER & GRELL CL ARD SUPERVIso2 280 Utah Street B NRA T .. .. .. . . .. ... 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 /YyR.y� JEANETT K. SHIPMA •— Attorney for Claimant 3026-B e - 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 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 LON �A?tD OF �'YLt'ttS Q' te�� Main Aplrrt the Camtys or bistMat smet to CL tr! June 24, 1986 Bove: by the Hoard of Supervisora r the am or tus ot.iamt awned to your Xouting Worsements, and Hoard notice of the action takes on 2a:' a]ain b2 tan Action. All Section referenoes in hoard of &vwwdw a empty Its balow) to Cali farm a oovammwt dodos «,i von prsuemnt to Government Code Section n and WX !lease nate all 01"MMI WO Claimants Pauline Botelho Atta -va"s Jeanette K. Shipman 0 nSel Sterns, Smith, Walker & Grell JUN Q¢ Addtwmss 280 Utah Street San Francisco, CA 94103 hand delivered • ' Anotnts $1, 000,000. 00+ 21 delivery to clerk on May 28 , . Sate leoedvWt May 28, 1986 py mail@ p etimerked an • Carisel Attached Clerk a copy of the abovs-ny above-noted claim.rviscre = 3etsds June 3, 1986 PM gATOELDpO Mwk# py f • (Cheek only mise) ( 'llsie claim complies aubstantially with Sections 910 and 910.2• (� IWO claim FAILS to comply substantially with Seetioss 9i0 and 910.29 and Us MM so notifying claimant. The Hoard cannot act for 15 days (Section stood). ( ) Claim is mot timely filed. Clark should return Claim on gmxrod that it was filed late and send srarning of Claimantfs right to apply for leave to present a late claim (Section ( Others tk�ted:_ Lc BY,V-tt -.7t t� 3n. IAMB gsrk of the Hoard 10, Cl) Casyty CCunssle (2) County Administrator ( Claim was returned as untimely with actice to claimant (Section 91103). rye 10M by wardmous Tote of Supervisors present Ibis claim is rejected in fWl0 ( Others . y Lhat this Is a tress correct wo ofthe Hoards Order ,ars tizQ sti or this date. 'Dateds JM 419$ PM HATCKLM j Mork. By - • DOVA Y Mark "jest to oertaio esoeptM i000a You Bove ollea adz (6 Months from the !late d we %Otice Was Pr*Ona3ly served or deposited in the mail to file a Dart actiot on this data• dee Govar:sment Code Ssctioy 945.69 You •y seek the advice of an attorney emf ?ems► cholas is ocnr»etion with this rtter. If ! U mraat to owwat en attayey, port eadd do so tmmesdiately. �• alis Mork of the bard ID, (1) Oaaty Oaenael, (2) Cloatty administrator Attaches are capias of the above claim• We filed action acetified the olemteamt of the Hbardoa r this claim a aaSling a Dopy of this dceuaeat and a memo thereof has hoary andaor,Sansd on the !bard's copy of this Maim In aceocrdanoe with Section W030 ( ) A 1003MIng of olalmant•a right to awy for leans t a late claim tits mailad �"11 3iTWLDR a Clerks by DaRtty Clerk ,... _r 1 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF 1 Government Code, Section 910, et seq. re: Botelho v. Contra Costa CountyECEiTVEiD TO: Contra Costa County MAYaB 19$6 Clerk of the Board I tDOC..M• 651 Pine Street PHIL MYCHRO. „F00,S„, .;•„ 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: 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 C. Att ney for C imant 3026-8 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 ; M (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 ILI !"110 2RTl;�t Claim 2gairsst the cwntY, ar Marriot MICE to ADW1? June 24, 1986 Eoverned by the Hoard of Supervisors, 'lbs copy as "is rawmant mixed to 2o0 Is Par ltoAlrAg bAwsements, ane Hoard MUG$ of the aotiaa taken an low OlaLa V/ No 2ctiac, 211 20etion r4far.n0 6 an 30" of a--- Isors b'a1urwh Two bsu w) to CalifwMID Government 00des 61"D Proru� nt to Government cc& section +�3 cad 915.4. Rease WU ICU sYaratW* Qaisaais Joseph Botelho County Cow, 2ttorIM, Jeanette K. Shipman Sterns , Smith, Walker & Grell JUN 04 1986 Sddtrase 280 Utah Street San Francisco, CA 94103 hand delivered "{ . ' - Amounts $1, 000,000. 00+ M delivery to Clark an May 28, 1986 Spate lteoedveds May 28 , 1986 toy nail. Petmar ed w : Mork of tV* DOL"d o Ve s ft s MZry Attached is a copy of the above-noted Dials. 3pateds June 3, 1986 pM HATClULW O Clerk, ay (Owak only Dyne)Counselt k ( ? This olais complies substantially with Seatiaess 910 and 940.2. ( } This Claim IASIS to ompiy substantiaUy with Sections 9Q0 sad 9Q0.29 Wd We nrs so notifying claimant. The Hoard owmt act tar 15 days L%oticn 9!10.4). } Claim is not timely filed. Clerk should return claim on ground that it w tiled late and send tirsrning of claimant*s right to aPPIY for leave to p%sareCt a Later alms (section 911.3). ( } ounrs Sbeted: 7t'777 / ZII. S1nft Qark of the toard Tat (I) LY Cwjwl, (2) Couinty ldsniaistrstor ( } Maim was returned as nntisely with aatice to Claismnt (Sectica 941.3). n►• � GRtH� my unanimous vote of SuperVIson present SU(} This Claim is reJeated is rau, ( } Others IriwURY-Mt me is a U-je-wwW4.qTV0t copy to ems minutes tar this date. Datads JUN MIIL NTME.M. Mark, Hryr : Deputy Clark �+3� to Certain esa►pti a�s0, 7wIn owe (6 3NCInthe them the &to St We Mott0 NU pwsanany served or depowited is the nail to rite a court action a4 this alai=. Sias Gorarssment Code 3ICUCn 145.6. You y "ek the Latter, Itayou want to�oanauiylao �erj aan rt Y Laof SIm' aboias in owwwation rlth this 'ney• 7VU Mould do so Immediately. t. SIIIGtK: Clark of the board IN 4) Couaty owiml, (2) Coanty WmiCistraLar Attaobsd ars copies of the above Claim. We notified the claimant Or the D ardts action an this claim by calling a OapY of this document and a 10000tt�reof bas bees! filed +end acx3oraed an the Hoard's OM of this Main 'a sooar'&r" with 20etioa 29703, (' } ♦ n %Rdng cc alalawt•s rig 7t to apply hr Ivan WED,to aulmant. L a lata algia was Laded !Fla' RkT=Ms Clerk, HIY C' Dept:tiY Mark CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Botelho v. Contra Costa County -IL 4T rTg�AJ TO: Contra Costa County MW x �?1901116 Clerk of the Board :00P.M 651 Pine Street PHIL S!,TCH?l7; 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: 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 TEAXETTE K. SAIAPMAN 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 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 Ot !DP'!'Q�9ISBt.S Q � �A • NADA AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTYFLOOD — �_ CONTROL AND WATE�t_ C0 SE VATION DIST Q June 24, 1986 main i6siMt the Casnty, or �istt�iat • oc�seea� m governed by the Board of 9nperds"t leis amaLts flouting wor umnto l and Board sotice of the action taJaen yoir by Action, All section refara was m 36" of 9iapards" (Par srs* n. 64m)r to CaliforrAs Government Codas divan PX'suaat to Goverment " swum %3 and 115.40 Please note all eitarainO Ounty Countp Claisanti Joseph Botelho Attorneys Jeanette K. Shipman JUN O 4 1986 Sterns , Smith, Walker & Grell Address: 280 Utah Street � � San Francisco , CA 94103 Anoi=nts $1, 000 ,000. 00+ >31Hivde�lllr01!'k ea May 28. 1986 Mile taariosd an nate >taaiwdi May 28 , 1986 By • P0e1 • ; ark if the RV3 of SQPeFgwm i aazry Mww Attached is a copy of tine above-noted alata• Oateds Tune 3- -19B-6—RM BATOMM, Clark, 111► 7rl• 7W, vvEty ommil M, ' (Check only one) 1lsis claim ocmplies substantially with sections 310 acid 1.0.20 ( ) tis claim fAIIS to oumply substantially with Sections 1110 and 910.2, and we are so notifying claimant. The Board owmt act for 15 days (Section 91090. ( ) GaAs is not timely filed. Clerk should return Claim on ground that It was tiled late and send wamir►� of claimant's right to apply for leave to present a late slain (Section 911.3). t ) Others 3stedi voce... lsyi x__77. 7 7,747-Ft C-77 DeFFY CoiFtilswa III. >fts C Irk of the Board 70s (1) CoA:ty Coisnsal. (2) County Administrator ( ) Gain was returned as untimely with notice to claimant (Section I9. 1GA11'D lS1910t By unanimous vote Of 91perrisors pryreat This Claim is ryected in run. ( I Others X Certify e� gstlia s s a true correct Dopy ,s an Dated JUN �4 19Ws rM ZA?0ML0P 9 Clerk, Joy . INM*y Clerk 1U!!F W (Gov. Dods Section %3) Snb3ect to OwUia ex0eFtioo99 you !nave Daly six (6) months from the date or this setice w pwbsoenally served or deposited in the nail to file a Cart sotim m tats aloin. an Government Code Swum 945.6. !ou My Seek the advice of an &unsay Of yar cl0100 in 0ann60tion Idth this utter, It you want tic consult an attorney. you Should do m tamediately. 1. n MMs Clark of the acerd Ws a) ammty Oounsel, (2) Casity Administrator Attached w oopies of the above Claim• We notified the 01aisant sf the fterdes action an this claim by sailing a copy of this dooasents sad a memo thereof has been filed and endorsed an tae board's copy of this Clans in a000rdanoe with 3seti0n 29703• ( ) A ming CC Mau=t•s runt to apply rwiftvS to t a ltte alms ma mailed _ DATMb "J", kps PML 31TOMM. Clerk, By s VOp'A7 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 claim nt is:N Joseph Botelho c 575 Brookside Drive RECEIVED San Pablo, CA 94608 2. The address to which notices are to be sent i (,`;(;1 )-q ln6 Jeanette K. Shipman LAW OFFICES OF PHIL SA h OR STERNS, SMITH, WALKER & GRELL �C K TRoC AeRvsoR 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 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, ISan 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 i mgr► or Oysemm Cr Cori MMM-11 dL�Z6 Claim Aplfwt the City. Or IdStri t (Z IM CLAD= 24, 1986 governed by W Board of wpwTisoem, ma copy s enL mailed toou L Par htouting Endarsaments, and Board motioe of the actian taken m las' claim b! Cas Action, All Section refwl%m* s are 90" of ftervisors 0 ala)• to Califorms oovwTment Owes gfwn prruant to GCvWwaent Code Scotian R3 mnd 315.4• !leas mote all eva"dwo CUimants Patrice Baumgardner, a minor Attaeosys Jeanette K. Shipman County WM., Sterns , Smith, Walker & Grell UN 4 �98� AddrMss 280 Utah Street San Francisco, CA 94103 hand delivered ,r; �,,;``" Amounts $1, 060, 000. 00+ By delivery to clerk an _ May 28, 19"Mf Data Beoeiwds May 28, 198 6 INY wilt Pmtm~ On —Mork pe sktn 7Dx COMty Attached is a copy of the above-noted claim, Dated, June 3 , 1986 PM BATO E=, Clark, � pvty : y Cminsel (Check only one) t�) !lits Claim complies substantially with Sections 310 assd 910.2. 3his claim FA= to Comply substantially with Sections 910 sad 910.29 old w• ars so notifying claimant, 1be Board oanmt act for 15 days (Section 910.4). ( ) Maim is not timely tiled. Clerk should return elalm an V'mrA that it was tiled late and send warning of claimant's rl t to apply for leave to present a late Claim (Section 911.3). Ouwrs bated: teety MaGR 321* A1C!!: Clerk of the Board IN (1) Cdirty Cmwmis (2) Oomty Administratar ( ) Mats Baa rstwmd as trtimely with notice to claimant (Seetian X11.3). I9, IDAVI'D OW By W nimon vote of Supervisors present !Itis Clais is rejected in !till. ( ) Others y that this Is a true aM oosrect o-0 Atte •s en is mit t thh'"Mis daft. //�.�� bated, �2 986 huTCFffi,oiA, Mork. T� .�7y . pieputy Clerk *AM= (Oov. Code Sectim 913) oubjeat to osrtaia esaeptiione, You have onli six (6) wnthe tram the date or this actice was personally served ar deposited in the tail to file a court notion Cc this da?af= dee GOTW=mt Code 3eotiao 945.6. Tou Cay seek the advice of on attamaey or low ahoioe in ouxteetice with a" natter. If lou want to Corteult an attOrWo you should do so immediately. T. VMS Clerk of the !bard 4AN Cl) Oamtty Owannals (2) Ooatty Administrator AttaehW are Copies of the above claim, We notified the Claimant of the boardis action on this Claim by Veiling a copy of this doaamcat, and a memo thereof Aa, b&m tiled cad endorsed m the Board's Copy ct this Claim tit a000rdanoe with dsetim 297030 ( ) A warning of elaimant•s rift to wy for"teays to present a late Claim wan mailed DATED to � SITORELM s Clerk, 'r �� . �P�7 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 MAY.2% 1986 Clerk of the Board bo P.rn. 651 Pine StreetNIL B/SCHflG. iezK su Room 106 F orn n of st c. n4 :... 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 !3`1R•y� 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 re.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 ; (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/Z BOAS � !lt�asmtyism � 1R► WM- Cur"A Camp-am AOM AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD _ CONTROL AND WATE;g� �0g5 VATION DIST LAIKW 20 aJune 24, 1986 Mais l�sitat lbs (curtly, et niat�iW s ed t0 20o L ymr Bove:�ad by Mtge Board of Supsrvisarss Tb "" Olats Routing Bndwsements• wbd Board notice of the aoticn taken tea loo=' yaw Actiac. All Section rsfarw)oss ars Board at averdsors 01POVe01 Zig bouOt to California Govarrseent codas am 915.4. Flew nota allt aund cob , ILS CILIUMts Patrice Baumgardner, a minor COMt1►cowl Attam"9 Jeanette K. Shipman JUN 0 41986 Sterns , Smith, Walker & Grell Addrsass 280 Utah Street M�rtinet:CA945�3 San Francisco , CA 94103 lig fiats $1 ,000 , 000. 00+ B�Hi VW d ;irogrk an May 281 1986 =fete bsoedsids May 28 , 1986 By mails P*tM~ an -Mark of Superviews lot Unity ciiio Attached is a copy of the above-noted daft. . 34eteds _June 3 _ 1986!'M &kTMM=, Mork, By : y zounsel IN COW a the MR Of 34P'rV=MM (Check only one) (�) This claim oosplles substantially with Sections 910 sad 9&092. t ) This claim lrAW to comply substantially with Sections 910 end 920.2s and wars so notifying claimant. The Board oannot act for 15 days (Section 910.d). ( ) Calm is not timely filed. Clerk should return claim on Vaa:d that it wale riled late and send warniing of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others By, III. nMs Clark of the Board 201 (1) WjWY Ca:ssal s (2) County Administrator V ( Claim w retwr*d as ontiteiy with notice to claimant (Section 911.3). I9, MM G1tDlOt By u:aaimous vote of Supervisors P40Mt tX) 2wa claim is rejected in rush. ( ) Others 11 oartify-thAt We Is a trio correct copy orao tie>k n 4 thi1966 �ftm.. SAT MUM� Mark Dated: ulv • By • Deputy Clerk VAMM Owe Code Sectica 313) DAJ*ct to certain esosptiom, Vyowu have only ail (6) acntbs fr%am the date or tats notice w pw'saally served or Qepoaited in the =11 to file a cart aotioo an this alait. ase Govarnmant Code Scotian 945.6. !ou ®y seek the advice of an attamay of rxr ohoioe in 6M.Mtion with this patter. If you rant to consult an att0r9ey9 Ton should do so tamediately. f. MMs Clark of the Board !Os Q) owmty Cogu lg (2) Cownty Administrator Attached are copies of the above claim. Ye notified the claimant of the Board's action an this orals by sailing a copy of this doc+amts and a memo thereof has Open filed and eodarsod cn the Board's copy cf this Claim in 6000rdancs with aset.icn 29703. ( ) A w■Ming of alalmant•s Me* to apply far lea" t a Sate claim w nailed --_h►�:-J 0 1.986 Sl1'Offi�oR, CteMc, By 7M. ffiaart +- , y 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 t is (� Patrice Baumgardner, a minor By and Through a Guardian Ad Litem RECE VED 2180 Giant Road San Pablo, CA 94806 (+tAY 1986 2. The address to which notices are to be sent is: Jeanette K. Shipman HIL BA H R LAW OFFICES OF C BNARDC T�PERVI$0 STERNS, SMITH, WALKER & GRELL B ••••.••• • 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 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 ; (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 BARD Q �?P�4YI+'CIt.S Q dM mu Omn-, 'lJt A �M1B1 Am= Main Against the County, or bletriet ?ICL► TO Q.LM June 24, 1986 govwwd by the Board of Supervisces, Ths am or cis t aided to Ft is Par ..wting aNdorrsaments, and Board notice of the gotten takes on your alas by the .'.c:ticv. All Section references are :bard of sipards ra {Iwtuarso n, balew), to California Government Codas given Prsuaut to Government lode section 113 and 115040 new note all Ohara DAWO llaiaantt Peter Axelrod & Joanna 4. Fuller At Attorneys Philip E. Decker C49*C 1501 The Alameda MAY 3 0 1986 Addreass San Jose, CA 95126 -• hand delivered $AafbM CA 4455b4'' . heounts $630, 000. 00+ IF delivery to alark on May 29 , 1986 nate lxeosivsd: May 29 , 1936 by nail, postmarked on 1. FROM. -Merk of the NiR of Survisors TO tsiim Attached is a copy of the above-mated elates. = Comiy Matadi _May 30, 1986 Chili. RATAIEAlt, Clerk, sir t fqnowJ es X: CountOw-W-61(Check way one) s eek ()C3 Tdts claim Complies substantially with Sections 910 and 610.2. ( This claimILS ?Ato oamplY substantially with Sections 910 end 910.21, and we are so notifying Claimant. The Board cannot act for 15 days CSeotion 91O.8). ( ? Maim is not tIwIY filed. Clerk shmild return claim an gMxW that it was riled late and send wwminff of claimantts right to apply for leave to presant a late claim (Section 911.3). ( Others Mateds gy= KEY tY III. rawt Clark of the board 701 Cl) CaattY CeZ9sel, (2) County Administrator V ( Main was returned as untimely with notioe to claimant (Section 911.3). lye I by unanimous vote of SIpervisors p room (5() This claim is rejected in MO ( Othars cert y ust WAS Is a true am correct copy of 'ssn Matadi Jug slate. Order p 4ZC_ _ lUT , tered in u !'HIL CHES,OR, Mark,, s 4MP*y Manic WAMM (WT. Ooda section '913) Object toooartain esoeptioneI You have only $ite (6) sonths frog the date or ibtg notice was Wsonelly served or deposited to the nail to file a oourt notion oft tbia 4taia. sae Government Code Section 945.6. YOU My seek the advice of an atternay cif your oheiot in ocnneetien idtb this gmttar. If you rant to oansult an attorney, you should do so Immastaly. T. nmi Mork of the board IN Cl) Cocmty ODIZA01 . (2) Cacstty Adainiatrator Attac3ted are oopios of the above olsia. We notified the claimant at the bostyrs action an this claim by tailing a oopy cc this due1000t, and a nsao theereof has bow filed and on4Cr90d en the Boards espy of this Msciss in toocrdwwe with seettm 29'(03. ( 3 A warning of ala;^*•s right to apply the Ige" t a late algia , nailed VATEN�19R_�_lBIL SITM=# Mork, By �-- .t-- MaPsty Clerk �O: 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: v� M 1. Name And Address Of Claimants: RECEIVED Peter Axelrod and Joanna R. Fuller 780 Rancho La Boca Road Martinez , California. tAR1 A CHELOR f ,CLERK F PERVISO STA CO.2. Notices Regarding The .Claim: �r tiu 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 "60' 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 0 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,ncl•uding 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: a $ 5,000 .00 DATED: May �,l , 1986 LAW OFFICES OF PHILIP E. DECKER, P.C. BY: `�_ Z__..._.... KARIN V. RUMSTEDT, Esq. On Behalf of CLAIMANTS PETER AXELROD and JOANNA R. FULLER 3 . RR S wpymmm Q AM mm ammi MIMM AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD CONTROL AND WATER C0 S VATION DIST ftj M Q1�r June 24, 1986 Clain udrat the any. ar Diatri tover9ed by the bxtd of SuDereiaara• the cop'! a oc�+men ed to �on L Ste' pouting kJarseaentas and Bosnd Motioe of the action takes �'an ! e1aiM by "NOAction. All Section refaranoas are Board of Supervisors vuraffapb ive 601009 to Oalifort:ia Goverment Cod o Sian prsuat►t to Government cods Scotian 113 , Md 915.40 Please note all slta utwRe cowty c6l/nee. Maisants Kim Brown Attorneys Jeanette K. Shipman JUN 04 1986 Sterns , Smith., Walker & Grell AQdr'eas: 280 Utah Street " San Francisco , CA 94103 ! Amounts $1 , 000 ,000. 00+ �H i ova y rej rk en May 28, 1986 nate 20040W, May 28 , 1986 By =12 poatw~ on . erk o pe acre Vol countyciaz Attaftd is a copy of the abovs-noted algia. natadi June 3 . -19B-6—MM NATO .M, Mirk, irk, sy MscountyCounsel Ma (Cheek only one) TWO Claim oamplies aubatantially with Sections 310 WA 310.2. ( ) 'Rats claim lAnS to omply substantially vitt: Sections MO and 310.2, and WS Can so notifying claimant. The Board owmt act roc 15 days (Section 3109B). ( ) Claim is not timely filed. Clark should return claim an ground that It was rMled late and send warni�$ of claimant's riet to apply for leave to p`esant a late elaim (Section 911.3)• ( ) Otlnerl aatad: c by: �1 wy 556tf Irr. fir: Qerk of the Board ZUs Cl) county Counself (Z) county Administrator ( ) Main wag returned as untimely with notice to claimant (3ectim 311.3)• IV, 3= ra Pr IM By unardmous vote of 8uparvisors presaat (YQ This aims is rejeetad in nolle ( ) OChera 1 6WU_ ff that this aigr thls dates a true oorevet Dopy �fn its l 1a m Dated: 4 19 ltiIL BATQ�I.OR� Ctaric� By . D111ty Mark VAMM (Gov. Code Bastion 313) Subject to certain esoeptioass you have Daly six (6) month» rrcm thr date Cr thts MUM was par'soe:ally carved ar deposited is the Mail to rile a court actim an this Claim. 20e Covarnowt code 3e0tian 915.6. !au may asek the advice of an attorney of your oholm in oaer ectim lith this Matter. If you want to nonsuit an attoM• you should do ao tamediatelye 1. VMS Mark ed' the Board m: (1) Runty OOawl. (2) 00unty Admiaistrater Att &Ad are copies of the above claim. We notified the olaiMant Cr the Soard's action on this Claim by mailing a Copy of this dmmmts and a wo thereof has bean filed and andoreod m the Boardts copy of this Ciaim in acoordanoe with 3aet1m MOO ( }) A MMIng cc c aiasnt's rigppl a to ay rw Ifs �//y//y♦y a � Bas Wiled iled �aiY:' 1986 rM XiMMM M.a . � / . �ntv Mark 'fit" 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 �A 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 d- Jeanette K. Shipman LAW OFFICES OF *AA%ED AT NEL n STERNS, SMITH, WALKER & GRELL LrcA�woa 280 Utah Street • w 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,f 1986 JEANETU 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 RDM CF BUMVILMcp dM ma- OEM gla� Cams �� the County, tr bistrist V ?i(L !p June 24, 1986 Bove:ned bi the Board of Supervieoras '�• copy • ad N =• POW pouting ald samer is s and Board notice of the action taken an WX alms by tae lotion. &11 Section rsferrnces ars sm" of a4arrisors (Pwmrlib Two tea). to California Government codes liven pursuant to Gotart Code Section 913 —— and 915.1• !lease nota all gumutw e Qsumants Kim Brown County Cows.. ,tt -Mg Jeanette K. Shipman JUN 0 41986 Sterns , Smith, Walker & Grell Address: 280 Utah Street ORNOXAGM San Francisco, CA 94103 hand delivered . Amounts $1, 000,000 . 00+ By deliwrT to clerk an _ May 28 , 1986 nate jeoed weeds May 28 , 19 8 6 By coil, postmarked an . : erk U M Board Of pe sora : girixy CiFdz Attached is a copy of Lha above-noted dais. paws June 3 , 1986 PM BAT'CHM01, Clerks By DO" of 349i1r" : -County = (Check only one) ( V iliis claim complies substantially vith Sections 310 •id 910.2. ( ) !bis claim TA= to comply substantially vith Sections 910 and 910.29 01nd wa ars so notifying claimant. ?be Board cannot act for 15 days (Section 910ed)e ( Claim is not timely filed. Clerk should return Claim on ward that it w filed late and send warn!n� of claimant's riot to apply for leave to present a late claim (Section 911.3). ( ) Others Dated: BY: DOputtcounty counsel Ille FMt CLerrk of the Board 701 Cl) County Counsels (2) County ♦dministrator ( ) Main van rettirn:ed as untimely with notice to Claimant (Section 931.3). IT, MW CItDlR my unardewuis vote of 3upe1W►isors praseat (X) Tans claim is rejected in full. ( ) Others y that this Is a true and correct copy of Boardfs an L mifor this date. paled: UN 2 4 PM U70M ons Clerk. By 4,th , bewty Clark ItA1SM (!Ove Cods Section 913) ,abject to certain esoepticWt Vou nave only sit (6) soc:the pram the data cC lois aotioe ran peo"sorAlly served or deposited in the sail to file a court action m tats !lata. ace Goverment Code 38atim 915.6. You my seek the advice of an attorney of lv:r aholce in commotion uItb tide latter. 2 you rant to consult an attOrinCys you should do so icmediatelye To "M8 Market the Board los Cl) County Co nleal a (2) Comity Administrator Sttacrhed are Copies of the above claim. Ve notified the claimant of the Soardva action on this claim by calling a copy of this documents nand a swo tbwvof has been filed cad endorsed m the Boardvs copy ot .this Claim to accordance with Seetlon 29703. ( ) S rRITMI �g�of 01110wi •a Plot to OWY rw leave t a late dais waw mailed AITID:�JUN ? 14AC�!'FIIL S►TME=s Mark. By Deputy Qerk 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 dF 1986 Clerk of the Board 1:00 P.M. 651 Pine Street iNil lATLMEIOR Room 106 ERK R D OF SU Rvi ORS Martinez, CA 94553 R cor. cosi 14-pe-Wri 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 4 JEANETTE K. SHIPMAN 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 ; 1 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 . spablo.rpt I CLUM BOARD OF SMVIM OF 03M CD9rA ODMM. CALMOVIA UD ACTIM AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL Claim _ �1�[7ATE C £y,Aor�1.DDISTRICT NMCE 70MADOU June 24, 1986 governed by the Board Gof Supervisors, L!rs,, )J Thecopyof-ails t malled to you is your Routing Endorsements, and Board ) notice of the action takes 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 rote all *Warnings. Claimant: HENRY BENTON 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 ovules ` II. FROM: County Counsel TO: 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 910.29 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: e _ _ By: R!puty County Counsel III. i OM: 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 OMER By unanimous vote of Supervisors present (}9 This claim is rejected in full. ( ) other: I certify that this is a true and correct copy 0t d's Order entered in its minutes fy date. Dated: �1U�� PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to oertain exceptions, you have only six (6) months from the date of this t:otioe 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 yaw choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. PROM: 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 t a late claim was mailed ". DATED:toff 66 PHIL BATCHELOR, Clerk, By i � , Deputy Clerk _� cc: County Administrator (2) County Cassel (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 n 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 T.A g 280 Utah Street O• u . 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. SHIP AN 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 / tS CLAN BOARD OF SUPERVISORS OF COW MSTA Com. CAIMUNIA BARD ifT!'IOtd Maim Against the County, or District ) NOTICE TO C[.UKANT June 24 , 1986 governed by the Hoard of Supervisors, ) The oopy of this document =116a to you is yoga Routing Endorsements, and Board ) notioe of the action taken on your claim by the Action. All Section referenoss are ) Board of Supervisors (Paragraph IVs below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wVarninW. Claimant: HENRY BENTON Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street g San Francisco, CA 94103Hy deliavery over an May 27 , 1986 Amount: $11000 , 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 BATCHIIAR, Clerk, By Deputy II. : County Counsel TO: Clerk o e 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 Hoard cannot act for 15 days (Section 910.8). ( ) Maim 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: r. By: Deputy County Counsel i III. : Clerk of the Board 10: (1) County 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. C ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. 4 /7� , Dated: UN p PHIL BATCHII,OR, Clerk, By =��✓ Deputy Clerk • VAMME (Gov. Code Section 913) Subject to oertain exceptions, you have only six (6) months frcm the date of this notice was personally served or deposited in the mail to file a oonrt action an this claim. See Government Code Section 945.6. You may seek the advios of an attorney of your choioe in oornection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Hoard 10: (1) County Counsel, (2) County Administrator Attached are oopies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29T03. ( ) A waarniinngg tof claimant's right to apply for leave t ant late claim was mailed DATID:to` U 1986PHIL BATCi�AR, Clerk, By 'L�! 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: 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 3-11986 Jeanette K. Shipman LAW OFFICES OF PHIL B TCNELOp STERNS, SMITH, WALKER & GRELL Cl K AFD I uiQFVI S NTRA 6T O• ^ 280 Utah Street s : .. ty 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 JEAN E K. SHIPtdAN 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; 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. nrclm.rpt Ile �RI1 or supo TsR.S or � MCA �• cammm AI'D AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOODJune 24, 1985 CONTR L A T C DISTRICT - (� Q,,gTRW MRM Against a UATU i alt° s b to L yore' governed by the Board of Supervisors, go Cop? wu Routing andorsements, and Board ssctice of the notion talo cc yar alms by "IsAction, All Section referenoas ars Board of 8upwds" (Paragraph lye ealow), to California Government Codes given pursuant to Goverment Cods Scotian 913 and 915.46 714434 hots all wdwutwo Claimants Larry D. Erickson . AttoriMs Cw* c u"M Address • 6065 Sari Pablo Dan Road MAY 2 9'1986 E1 Sobrante, CA 94803 Amounts Undetermined at present . By de11vw7 to Clark ca Rate Recelveds May 28, 1986 By NMI, postmarked On Mag 27 19RA . ark of the Board of Irpe—r-99ors s y Attached is a copy of the above-noted claim. bateds May 28 _ ] 986 PHIL. BU OELDR, Mark, By (��L" Lpay = y = Marx or We or 3WH"'M (Check only one) ( ) '1ltis claim 000plies substantially with Secticns 910 and 910.2. (� jtits claim FAILS to comply substantially with Sections 410 and 110.29 and ws m so notifying claimant, The Board cannot act; for 15 days (Section 910.0. ( ) Maim is not timely filed. Clerk should return claim on grand that it was filed late and send warnin of claimant's right to apply for leave to present a late claim (Section 911.31. ( ) Others Dated: 7tDeputy county III. nbm: Clerk of the Board 10: (1) County Counsel, (2) County Admiastrater ( ) Maim was returned as untimely with notice to claimant (Section 9i1.3). IV, WARD OF= By unanimous vote of Supervisors pmement (X, leis claim is rejected in !till. ( ) Others certify that 3 Is a true AWW correct copy or the 's U97W in is minutes for this date. i / / � Dateds JUN 2 4 14Rr, ?m BATCFII'1Mork,ark, By 'y -� . Deputy Clark VAX= (Gov. Code Seetian 919 Dubject to Certain exceptions, you haus only siz (6) months frons the data of tats notice wa3 personally served ar deposited in the mall to file a Cart notion an this claim. See Goverswt Code SOCUOR 945.6. Zou may seek the advice of an atter my Cf par Choice in oossneetton with this latter. If you rant to consult an attorney, youlshould do so Immediately* /. nms Clark Cf tee Board so: Cl) County Counsel, (2) County Administrator Attached are Copies of the above claim. We notified the Claimant of the Board's action On this claim W mailing a copy Cf this document, and a semo thereof has Oven filed and andoreed oa the Board's copy of this Claim in a000rdaroe with Section 29703. ( ) A warning of claimant's right to apply for lease t a late claim was mailed DATIDs •lUN 0 IW NM B11TCIAR, Mark, py 7 Deputy Clerk C:T,AIml 50� BOARD OF SUPETWISORS OF CONTRA COAT_An�qWiWapplicationto: Instructions to C1aim:antC!erk of the Board Martinez,Califomia 94553 A. ' Claims relatinc 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 acrual of the -cause of action. (Sec. 911.21 Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of� this form. RE: Claim by ) Reserved for Clerk's filing stamps Larry D. Erickson ; RECEIVED ) Against the COUNTY OF CONTRA COSTA) MAY CC County Flood Control or DISTRICT) FA TN: F TAP pw RS Fi a n name ) By .. tr 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 hourj' February 22nd and continuing through March 1st W�iere did the damage or injury occur? (Inclv�de city and countyS 6065 San Pablo Dam Road, El Sobrante, Ca. 94805, Contra Costa County -T-r----`-• ----..-----------------•�---------••--•• - ----T -----.r-------- 3. How did the damage or injury occur? (GiveulI 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�.ori 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) 5. What are the names of county or district officers , servants or* ° employees causing the daraage or injury? ----------------------------------------------------- -- --------------- 6. Wht damage or injuries do you claim resulted? IHve full extent of injuries or damages claimed. Attach two estimF;tes 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. -----------------------..-------------------------- -----a---------------- 8. Names and addresses of witnesses, doctors and hospitals. 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. t#�«�'L'.t+�_�±t.+.s`�t•!: �'� ;. . .. .... :...'..i[;:-i. ..J:'ikx .i is fJii iicn.ii�i[�t Rft�i.e�exx«�i fi s:«Yk�e fi�c�i f.«ifr�i�Vt 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 • Cl imant s Signature 6065 San Pablo Dam Road Address El Sobrante, Ca. 94803 Telephone No. Telephone No. (415) 223-2071 w415) 223-5513 ork 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. " • Gr wponswar cm Comm. ACf 2Gp Maim Wnst the Canty, or biatedct BDRTCL to C LUM June 24, 1986 governed by the Board of Supea-v =Mt win copy oa; m aoUM aimed to iyoonn is Pur Routing ghdorsamata, and Boatel Milos of the action taken an gots' claim -by an Action. All Section refar ww are Board cfrSuparvisors (Pwvsra* IT, bdm , to California Government Codas given ptaWxMit to Gommeent code Sectim Its and 915.46 flu" note all "Waes+top e Maisaysts' Michael L. Bepler cou*ftml Attorneys MAY in 1986 Addreas: 952 Hawthorne Dr. fwl Rodeo, CA 94572 Anants $18, 000. 00 By delivery to clerk on Date Beoeived: May 29, 1986 By ar129 posbaw 0 on may 28 1986 Cer.# P 535 254 6 Clerk o pe sons Tot MEry maza Attached is a copy of the &boy&-noted claim.` Dtteds May 30 , 1986 , Z ,DR, Merke By PER: y Counsel TDs Clark or tbe Board or (Check only one) This claim complies substantially with Sections 910 std 910.2. ( ) this claim ?ASS to comply substantially with Sections 910 and 910.29 and we aro ao notifying claimant. The Board owmt act for 15 days (Section 910.$). ( ) Claim is not timely filed. Clerk should return claim on grand that it was tclad late and send warning of claimant's right to apply for leave to present a Sate alarm (Section 911.3). ( ) Others Sated: c- J(?3L NE By: county We nM: •gerk of the Board 70: Cl) ty Counsel, (2) Corny Administrator r ( ) Main was returned as untimely with notioe to claimant (Secti(M 931.3). IY. Um cBmBt By Unanimous vote of Supervisors praseat ( lhis claim is rejected in full, cart y thatthis Is a true and correct copy of the /'a aWERQ N to thl natedfJUN L TINT s lFm, WT=M, Clerk, By ��/c�� . peptsty Clark YAW= (Goy. Code Section 913) Subject to certain szoeptioas, you have Mly adz (6) Months ftp the date d tbia Motive was personally awrved or deposited in the fail to file a court action ca tUs alata. See Govw meat Code Section 915.6. Tau say seek the advice of an attorney of your oAoioe in 00 w1sotion with We attero Von rant to consult on attorney, you should do so Immediately. To VMt Clerk of the Board Z0: (1) Canty Counsel) (2) County Administrator Attadad are copies of the above claim, we mtdfied the claimant of the Boardta action an this claim by sailing a can of this document, and a servo thereof Acs been filed and endorsed m the Board's copy of this Claim in a000rdanoe with Section 2po3. ( ) A warning of clainant•a right to apply ioc''letvs present late ala3s nay nailed DATIDs�j� 6 "M BATC19UM, Clarks Dir � ,� , Deputy Merk I r t RECEIVED MAY potpAl A qA 2 T0 : Contra Costa County Michael L. Qepler 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 MICHAEL L . BEPLER eLLM Cr or dM mm-mm m cumn AND AS THE GOVERNING BOARD OF 'THE CONTRA COSTA COUNT-- FLOOD CONTRC ANS W TER CONSERV June 24, 199'6 Claim wrest wi:ixm � er erDiatMsel verned by the Board of Supviaoiee 1l�e noPy" s sn m ed to L !at' go 1loutiag wdwsemanta t and Board notice of the action taken an yaw Siam by W Action, all section referanae are Board at Awriscrs 0w%w%*r# labs) to California Government Oodas Bia p"Uftnt to Goeat'aeent Code S au= �161"M - rod 915.4. PIGS" note all sUo Maisano Marvin J. Cohen County ittatWs Jeanette K. Shipman MAY 30 1986 Law offices of Sterns , Smith, Walker /4drss0: & Gr e l l NhttipeL'CA 4M5� 280 Utah Street Hand delivered AMamts San Francisco , CA 94103 ly delivery to clerk m May 27 , 1986 $1, 000 , 000. 00+ Date NOW"& May 27, 1986 B9 mile Petw~ an : ark of 3rpP-v1F0R 15, Nunty Attached is a copy of the above-noted claim. Dated: .May 30, 1986 Rin, ShTOELON, Mark, By : y Cminsel 208 Gr (Check way one) ( This claim Complies substantially with Seeti'a» IMO and ¢10.2. ( lhis claim rAn.S to oamply substantially with Sections 920 and 620.29 and we apt so notifying claimant. Toe Board Cannot act for 15 days (Seotim 910.8). ( ) Maim is not timely filed. Clerk should return claim an groins that it Was tUW late and send w&rTdof Claimant's right to apply for leave to present a We claim (section 911.3). ( Others putt tY III. nM: Clerk of the Board 701 (1) ty Coivol. (2) Comty idainistratar ( ) Maim was returned as untimely with notice to claimant c5ecticn 911.3). 29, BOARD OM By unanimous vote cc 9upary1mrs present (X) 7blo claim is rejected in fall. ( ) Others y the s Is a tru*ZR correct Copy of the Board's Order an mSnufor this date. Hated: JUN 2 4 lgqg Ri11. BATaM,aR, Merle, �► o�"�S�/� . 9epAY dirk WAka M (Gov. Cob Seotiat 913) Dnbjeat to certain esoeptimst Im have ealy six (6) months free the date of this notice w par s nLUy served or deposited in the mail to file a court actim an lhis claim. nee GovwMnwt Code Scotian 915.6e lou nay seek the advice of an attaesy of rxr aboios in oonnsetian with this aattGr. If you want to consult On attar+, you ahmdd do so Immediately. �. "Mi. Mark ad the Board !D: Q) DaMty Comaal. (2) Cotstty idainistrata► ltta&Ad are eopias of the above claim. Ve notified the claimant Cr the Boardta action an this Claim by mailing a Copy of this dMmmt, and a mono thereof bw been filed and endfwasd m the Board's Copy at this Maim in a000rdanoe with Sect.im 28703. ( I i*v"Ii *Mnant•s right to apply fa' leave a late alai• was mailed too>AATID: �� a"� n►TQSAi, Mark, B,r • DOPA7 Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUIT BLE RELEF aLA A rfAl.., I at Government Code, Section 910, et seq. j� re: Cohen v. Contra Costa County Flood Control Dist ioRECEIVED MAY,2 7 1986 TO: Contra Costa County Flood Control District Contra Costa County "0'WCHRo: 651 Pine Street C1E2� ri�C1 r Room 106 A144 " °e Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimant is: 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 ' K. SHI P Attorney for ClailYant 3504-A 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 andresidents 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) 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 Cl" .. BOARD OF SMWVI90RS OF COW CWTA 00AM, CALII0NIA WARD ACTION AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD O TP,OL, AND 4 � NC!' � ISG �ISTRICT VMCE To CI.L� June 24 , 1986~ governed�bnyathe Board of Supervisors, ) The copy a t UdIsd to You is your Routing Endorsements, and Board ) notioe'!of the action takes: an your shim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, bels+), to California Government Codes ) given pursuant to Government Code Seetien 913 and 915.4. Please note all *War ninW, Claimant: George and Barbara Cowen 0011,7 1y Coun,Sej Attorney: Wald, Freedman, Chapman & Bendes AN101986 554 Grand Avenue Address: Oakland, CA 94610 •0a/D Mand deliye ed WOW Amount: $250 , 000 . 00 By delivery to elerrh on May 27, 1986 Date Received: May 27 , 1986 By mail, postmarked on I. Clerk of the Board of Supervisors 70: Canty Counsel Attached is a oopy of the above-noted claim. Dated: June 10 , 1986 PHIL BATCHELOR, Clerk, By Deputy Cathy anowles II. : County Counsel l0: 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). C ) Other: Dated: c :c L, By: lleputy County Counsel X/ III. FROM: Clerk of the Board 70: (1) Codhty 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 copyof he Board's Order entered in its minutes for this date. Dated: JUN 2 PHIL BATCHELOR, Clerk, By, , Deputy Clerk WAMMIG (Gov. Code Section 913) Subject to ow tain exceptions, you have only six (6) months from the date of this notioe 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 eonnneetion with this matter. If you want to consult an attorney, you should do so immediately. V. FRM: Clerk of the Board 10: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action an this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave toen a late claim was mailed DATED:to AN01986 PHIL. BATCHELOR, Clerk, By , Deputy Clerk oc: County Administrator (2) County Counsel (1) RECEIVED MAYal 1986 0;5'SPM• PHIL BNTCHEIO." LERK AiO OF f :�"..r iA CO In the Matter of the Claim of: g . Dept-!, 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. EDMAN A torneys for Claimants u 2 CLAV BOARD OF SUPERVISORS OF 03M COSTA OWM a CXXV811A BOARD ACTION AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL Claim _ 2DtATER ONSERRV'ATTIOJ DaISTRICT �� ,W �� June 24, 1986 governed by the Board of so )! The copy8 t ed to you is Your Routing Endorsements, and Board ) notice of the action taken an Van 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. Claimants JOSEPH CORONE Attorney: Jeanette K. Shipman Law Offices of Sterns , Smith, Walker & Grell Address: 280 Utah Street San Francisco, CA 94103 Hand delivered Amort: $1 ,000, 000. 00+ By 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 , 1986 PHIL BATCHELDR, Clerk, By Deputy Cathy Kdowles ` II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially With Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 77 , 177, By: T �,c c 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 (>%o 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 es for this date. Dated: N 2 4 1986 PHIL BATCHELOR, Clerk, By T7� . �/tLX�('�i , 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 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 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. ( I A warning of claimant's right to apply for leave toa late claim was mailed to k6 � D Pt DATED: �� PHIL BATCHELOR, Clerk, By C� , 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: 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 Joseph Corone 2120 Ameericanrican Canyon Road RECEIVED Vallejo, CA 94589 MAY �-71986 2. The address to which notices are to be sent i : Jeanette K. Shipman LThRPOA?T'AP,ECRO%.'S LOR LAW OFFICES OF L s 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 JEANEXTE K. SHIPMAN Attor ey for Cla ant 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. nrcim.rpt l/S CLAN BOARD OF SMWVISMS of dNM OosrA comm. CALEFmm eouum ACTION Claim Against the County, or bistriot ) YmcE TO aAI!! T June 24 , 1986 governed by the Hoard of Supervisors, ) The oopy of this dOOumsnt 1081i9d to you is your Routing Endorsements, and Board ) 0wti0e of the action taken on your aloin by the Action. All Section references are ) Board of Supervisors (Paragraph Iv, ealow), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all vVerninW e Claimant: JOSEPH CORONE Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street g a Amount: $11000 , 000 . 00+ Francisco, CA 94103 deliavnd toe C��ked May 27 , 1986 $1 , 000 , 000 . 00+ 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 , 19 8 6PHIL BATCHELDR, Clerk, By Deputy 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 on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: _ By: putt County Counsel III. Clerk of the Board 10: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (/)Q This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in is mi r�� for this date. Dated: Ju►� 2 4 1988 PHIL BATC[MOR, Clerk, By , Deputy Clerk YARNING (Gov. Code Section 913) Subject to oertain exceptions, you have only six (6) sonths from the date of this notice was personally served or deposited in the sail to file a court action on this claim. See Government Code Section 945.6. You say seek the advice of an attorney of yar choice in oonnection with this setter. 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 en a late claim was mailed to aimant. DATED: 9 0 10Q9 PHIL BATCHE[AR, Clerk, BY , , Deputy Clerk ee: County Administrator (2) County Counsel (1) 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 " ! u Joseph Corone 2120 Ameericanrican Canyon Road RECEIVED Vallejo, CA 94589 2. The address to which notices are to be sent is: MAY � 71986 Jeanette K. Shipman LAW OFFICES OF �CL F ARDIL SE GERVI s STERNS, SMITH, WALKER & GRELL A I 280 Utah Street IJ 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 JEANETW K. SHIPMAY Attorney for Claimant 3513-A Y 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; 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 . r CLUN BOARD OF SmwVISORS OF COM COSTA OMM GLIIMIA BOARD ACTION Claim Against the County, or District ) NMCE TO CLADdW June 24 , 1986 governed by the Hoard of Supervisors, ) The copy of this document malled to you is your Routing 2ndorsements, 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 SeCtioa 913 and 915.4. Please note all *Varnings*, Claimants BETTY LOU CORONE Attorney: Jeanette K. Shipman Address: Law Offices of Sterns, Smith, Walker & Grell 280 Utah Street g San Francisco, CA 94103Hy de Very go e�vejeOdn May 27, 1986 Amount: $110001000 . 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. n Dated: June 10 , 1986PHIL BATCHELOR, Clerk, By Do II. : County Counsel 70: Clerk of the Board of Supervisors (Check only one) (�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8).. ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3)• ( ) Other: Dated: 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 (}C) 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 BATCHELOR, Clerk, By , Deputy Clerk YARNING (Gov. Code Section 913) Subject to certain exoeptions, you have only six (6) months tram the date of this notice was personally served or deposited in the mail to rile a port action an this claim. See Government Code Section 945.6, You may seek the advice of an attorney of your choice in oomnection 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 a late claim was mailed to �,}aimant. DATED: JU►V 3 Q }RRA PHIL BATCHIIDR, Clerk, By � Deputy Clerk cc: County Administrator (2) County Counsel (1) V y. Ail 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 claims t is: Betty Lou Corone 2120 American Canyon Road Vallejo, CA 94589 RECEIVED 2. The address to which notices are to be sent is: Jeanette K. Shipman MAY a711986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL IL BATCHF1 OR 280 Utah Street /SEA 8 F ". - San Francisco, CA 94103 8 "" 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 JEANE K. SHIP 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 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: 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 �S CLA3X BOARD OF SMWMM OF CUM COSTA MMM e CEMOOnA AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL ACTIN Claim __Wn'sy,ATER ONSERyV'ATaIO�i.aISTRICT BICE 70 �UKANT June 24, 1986 - governed by the Board of Sup�iDl eons, ) The copy of this document 281190 tO you is your Routing Rhdorsements, 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 uWarninW. Claimant: BETTY LOU CORONE Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street San Francisco, CA94103 Hand delivered Amount: $110001000 .00+ By deli very 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. n Dated: June 10 , 1986 PHIL BATCHELOR, Clerk, By "z Deputy �cathy K owles '. II. FROM: County Counsel 10: 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 on ground that it was filed late and send Warning of claimants right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: >eputy County Counsel III. Fitt4: Clerk of the Board 10: (1) Coity 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 he Board's Order entered in its minutes for this date. Dated: JUN 2 igo, PHIL BAMMOR, 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. 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 leave to en a late claim was mailed to claimant. DATID: JUN ,4 n Ener PHIL BATCHIIAR, 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: 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 CRE Vallejo, CA 94589 2. The address to which notices are to be sent isEIVED Jeanette K. Shipman LAW OFFICES OF 1986 STERNS, SMITH, WALKER & GRELL 280 Utah Street B TCHELOR RD F UPERVISan Francisco, CA 94103 RA STAGo�3. The circumstances which give rise to this claie 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 -YEANETYE K. SHIPMAN 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. nrolm.rpt �s GLAIN BOARD OF smwVI90RS OF C15W MSTA ODMM s CALIPOIPIA BOARD ACTION AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL Claim _ aAND Ins ATE &gy;T�IO�l.DaIgTRICT 1,ICE TO DWT June 24, 1986 - governed by the Board of acra, !) The copy a t =119d to you is your Routing Bhdorsements, and Board ) notice of the action taken an 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 nate all ■Warnings*. Claimant: STEVEN COHEN Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street San Francisco, CA 11103 Hand delivered Amount: By delivery to clerk on May 27 , 1986 $1 ,000 ,000 .00+ 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. ((�� Dated: June 10 , 1986 PHIL BATOMDR, Clerk, By l =- 4 �LfiJ Deputy 'Cathy ldnowl s ' II. : County Counsel M: 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: Q, By: , L-c L./�.e—/tom puty County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (x) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of he Board's Order entered in its Minn this date. / GZCx�' Dated: V 2 4 PHIL BAMMOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Sabjeet 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. FRQH: 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 "ent a late claim was mailed to claimant. DATED: JIIN 4 n io c PHIL BATCHELOR, Clerk, By , Deputy Clerk 00: County Administrator (2) County Counsel (1) 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�ECEIVED TO: Contra Costa County Flood Control District MAY.27, 1986 Contra Costa County II'.S.Sa.M 651 Pine Street [xR a"onITCHOf ELOx ,;- Room 106 a 4k COSI Martinez, CA 94553 °e ='' 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 1?elieved 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. SHIPMtAV Attorney 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. nrclm.rpt CUM BOARD OF SUPERVISORS OF COW c=A muni'!?, CAL110MIA BOARD ACTION Claim Against the County, or District ) NOTICE TO C.ADURP June 24 , 1986 governed by the Board of Superviaora, ) The copy of this do=Mt 00110d to YOU is Your Routing 0ndorsement3, and Board ) notice of the action taken an your claim by the Action. All Section references are ) Board of Supervisors (Paragraph We below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all •HarninW e Claimant: STEVEN COHEN Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street Amount: ivekd San Francisco, CA$1 ,000 ,000 . 00+ 94103 delig avu3nyp C ' el May 27 , 1986 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 BATCMDR, Clerk, By / Delay 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: 1776, By: Lc'•ri Deputy County Counsel III. F& 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: JUN 9 PHIL BATCHELOR, Clerk, By ' , Deputy Clerk VAMM O (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of thia 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 natter, If you want to consult an attorney, you should do so Immediately. V. FROM: Clerk of the Board 10: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action 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 to claimant. DATED: JUU n 1qAr1L-- PHIL BATCHE DR, Clerk, By K� , Deputy Clerk ec: 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 serM!AY ;F1 EIVED Jeanette K. Shipman 1085 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL BAC�ELON 280 Utah Street RD FSUPEavi A8 San Francisco, CA 94103 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 JEANE 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 • C� BDARD OF sumnsDRS OF dMM c grA 0mm. CKMMIA AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL ACTION mm _ a iDS[aATER ONSERy;A O�l.DeISTRICT ,ICE 10 LXW June 24, 1986 governed by the Board of Supervisors, !) The oopy a t ed to You is yea Routing Worsements, and Board ) notice of the action taken an your claim by the Action. All Section references are ) Board of supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4• Please note all "Warnings". Claimant: DONNA COHEN Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street San Francisco, CA94103 Hand delivered Amount: $1 ,000 ,000 . 00+ By delivery to clerk on May 27 , 1986 Date Received: May 27 , 1986 By mail, postmarked an FROM: Clerk of the Hoard of Supervisors 10: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986 PHIL BATCHELOR, Clerk, By LDeputy Cathy wles .. II. : County Counsel 70: Clerk of--the Board o 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: By: )Deputy County Counsel III. PROM: 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 ORDER By unanimous vote of Supervisors present (X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. �?��' Dated: PHIL BATCHELOR, Mark, By . Deputy Clerk WARNING (Gov. Code Section 913) Subject to oertain exception, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a oourt action an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in 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 en a late claim was mailed to aimant. DATm: JUN 3 0 1988 PHIL BATCHEWR, 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 se DD re: Cohen v. Contra Costa County Flood Control Di rIVIV-0 VED TO: Contra Costa County Flood Control District MAY X7, 1986 11:5574. ry• Contra Costa County Prat GATCNFic. tak PD OF.V Hy 651 Pine Street C . UA CJ�T Room 106 '• Ur rt. 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. SHI AN Attorney for Claimant 3504-C r - 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 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: I ( 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, inI cluding 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 fir' Or 9aRs C06rA �R. CRENA �� 10 � � June 24; 198 Qais� Against the County, or bistriot s ed to !s yaw govermad by the Boatel of Supervisors: The coD'y Routing fndorsamts, d Board notice of the action taken Fes' ), anm aw Actim. All Section refwmnoes art Board of supervisors (Pw%xraph Z•i OaloM to California Goveyxmt Codes given pursuant to Goverment Cods 3sotim 013 and 015.60 !lease nota all Sewar:sbwe Claisants Imm Jansen & Lynn Jansen,. �y�,,� (CCCounty) Attorneys John P. Caudle C"'�+q' 79458 Kincaid, Gianunzio , Caudle & Hubert MAY2 9 .. Addrtsst 200 Webster St . , Ste . 200 X1986 Oakland, CA 94604-0828 gsomtt Unspecified 9Ydelivery to clerk C& nate Rectiveds May 27 , 1986 By sails postmarked an May 2 3 . 1986 erk Ef the Board of Supervisors t ORREY biiiz Attached is a copy of the above noted alai:. Dated: May 28 , 1986 Pfal, BAT MM, Clark, By � �>Dwpat7 a K o es : y camel 702 GLark (Check only one) ( '1lsis claim complies substantially vitt Sections 010 and 010.2. 'ibis claim FAILS to comply substantially with Sections 010 and 910.29 and we ars so Notifying claimant. The Board owmt act for 15 days (Section 910.6). ( ) Maim is not timely tiled. Clerk should return claim on V%aasd that it vas tiled late and send wwTA of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others Dated: sys -Deputy county CMwMj in rm: . . ark of the Board Znt (1) Comty C iweels (2) County Administrator • ( Maim was returned as untimely with notice to claimant (Section 911.3). IY, BDJY0 QIrm By unanimous vote of supervisors present (;A This claim is rejected in full. ( ) Others certify that this Is a true W correct copy Of t 's Order to tsi sir sow this date. Dated: JUN 2 4 1986 n SATCmm a Clerk� 11 �CD � � y Mark 1URl= (Gov. Code Section 913) subject to oartain exceptions, you have only six (6) sonths ! oam the date at teles notice w pm swn Y served of deposited is the tail to rile a wrt action m tons algia. See Goverommt Code Section 945.6. You nay seek the advioe of an attorney of your ahoios in oaxwe ion with two tatter. It you want to oMmAt an attamey, you should do so i®ediately. Te FROM: Clerk cf t t Board 'IDS (1) Cbwty Carml, (2) Comby Administrator Attached are copies of the above claim. We notified the claimant of the Boardos action on this claim by nailing a copy of this docuumt, and a Mw th~ has been tiled and endorsed on the Board's copy of this Claim in acoordar:oe with Section 29703• ( ) A vapr�aisnagnof c aaiman •s right to apply rw leave to e t a late class w sailedA WSN ��n �i n 14RA PM DAMMMs Marks 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 BARBARA J. MASSEY 94604-0828 BERTA H. SCHWEINBERGER LAURA D.CASON E.JANE WELLS DEANNE B. POLITEO TERRY J.TRAKTMAN STEPHEN D. BURTON HOWARD A. SHIROMA DENNIS L. BELCOURT BR ANErN. ZANOO 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 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, KKII(NCAID, GIANUNZIO, CAUDLE & HUBERT a HOWARD H. SHIROMA HHS:cjf Enclosure (s) • 1 1 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 201986 9 PHIL BATCHELOR �LERK f�RA PERYISACO. R$ NTT 10 BY ..�... 1n7GLL.. ty 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 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, CAUDL.E & 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 Equities 13 Corporation, a California corporation, 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 LAN'OFFICES OF KINCAID, GIANUNZIO, CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WBBSTER STREET JAKLANO.CA 94607-3789 (415)485-5212 • 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,p 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: cat:-'- 14 H WA H. SHIROMA 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE LAW OFFICES OF KINCAID, GIANUNZIO, CAUDLE& HUBERT A PROFESSIONAL CORPORATION 2 WE13STER STREET DAKLAND•CA"W7-3788 (416)465-5212 1 LANV OFFICE OF JOHN M. STARR J r j' ®r.;2 1460 Washington Boulevard, Suite 8-101 Concord, California 94521 3 Telephone: (415) 672-2080 NOV '35 4 J. R. OLSS-') Canty C!erk n� 5 Attorney for PJ a i n t- ; f f s :._!j1 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. 2'79458 12 vs . ) COMPLAINT FOR DAMAGES 13 STATE OF CALIFORNIA, COUNTY OF) CONTRA COSTA, RICHARD RAINEY, ) �.►tfd,.l��;�:_;i'�r�,i 3 :.:t_- _ 14 Sheriff of the County of ) Contra Costa , H. S. HODGE ) 15 CORPORATION, a California ) '' P 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 — T 1.V •�: 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 CORRECTIOt 3 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 B401 Concord, CA 94521 Ie15t 972.20P0 f - defendants sued herein as DOES 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 CALIFOR14IA and was 3 at all such times acting within the purpose and scope of such 4 5 agency and employment . 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 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 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 14151672.2080 A , 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 times mentioned herein was the owner of and in possession and 5 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 t0 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 TECEINICAL EQUITIES CORPORATION at all 1s 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 TECEINICAL 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 TECHNICAL 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 eac;1 of the individual LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 5 Suite B•101 Concord. CA 94521 14151 672.2060 Gr : 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 . 17 . Plaintiffs are 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 . Plaintiffs will amend this . 11 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 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 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 14151 672.2080 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 . Prior to and on January 19 , 1985 , Defendant STATE 5 6 OF CALIFORNIA acting by and through the DEPARTMENT OF JUSTICE 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, 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 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 DEPARTMENT OF 22 JUSTICE of mandatory and ministerial duties and responsibilities 23 in administering and enforcing 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 improper acts of 28 Defendant STATE OF CALIFORNIA and its officers , employees , and LAW OFFICE OF JOHN.At.STARR 1460 ICeshington Bled. _ _ Suite 8.101 Concord. CA 94521 %4151672.2080 Ci agents as herein alleged , Defendant JODELL WILLIAMS did on 1 2 January 19 , 1985 , in the County of Contra Costa , State of 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 e negligence , carelessness, recklessness, and improper acts , 9 intentional or otherwise , each and all of the defendants herein t0 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 15 caused and continue to cause plaintiffs , and each of them , great 16 physical , mental and nervous pain and suffering . Such injuries 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 KEr4NET11 REED and JAMES S11ADWICK , 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 LAW OFFICE OF JOHN D1.STARR 1460 Washington Blvd. 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 §§900 - 915 . 4 of the Government Code . 22 Copies of said claims are attached hereto as Exhibits "A" and 23 24 "B" and made a part hereof . 25 27 . On or about May 29 , 1985 , the STATE OF CALIFORNIA rejected each of said claims in its entirety. 26 27 WHEREFORE , plaintiffs pray relief as hereinafter set forth . 28 LAW OFFICE OF JOHN M.STARR 1460 1Yeehington Blvd. — 9 — Suite B•101 Concord, CA 94521 14151672.2080 SECOND CAUSE OF ACTION (NEGLIGENCE) 1 28 . Plaintirf.s 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 said laws properly, and as a result thereof did allow and permit 12 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 RAI21E'i , Sheriff , 28 and their officers , employees , and agents as herein alleged , LAW OFFICE OF JOHN N1.STARR 1460 Washington BA-d. _ 10 Suite B•101 Concord. CA 94521 141St 6;2.2nF0 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 S§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. 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 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 LAW OFFICE OF JOHN ht.STARR 1460 Washington Blvd. Suite B•101 Concord, CA 94521 .,1 m fJ7.2ngn a 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 CORPORA-TION 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 , manage(; , 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 Washington Blvd. Suite B•101 Concord. CA 94521 1415) 672.2080 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 lJ� 27 set forth . I 28 WHEREFORE, plaintiffs pray relief as hereinafter set I LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. 1 3 Suite B•101 Concord. CA 94521 .r��1 F729nA0 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 prior 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 46 . 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 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 allegea , Defendant JODELL WILLIAMS did on January 19 , 1985 , LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 14 — Suite B-101 Concord. CA 94521 J I SI 672.2080 1 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 California , shoot _AW OFFICE OF JOHN M.STARR 460 Washington Blvd. — 1 5 — iuite B-101 .oncord. CA 94521 41-51672-2080 and injure Plaintiffs KENNETH REED and JAMES SHADWICK with a i 2 concealable firearm then being carried by JODELL WILLIAMS upon his person in violation of law whereby plaintiffs and each of 3 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 18 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 b1.STARR 1460 Washington Blvd. — 1 6 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 48 WILLIAMS, SHARON WILLIAMS , DARIN OLIVA, KEVIid OLIVA, and DOES LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. 1 7 — Suite D-101 Concord. CA 94521 s'F72.2nx0 C 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 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 and agreement and the intentional and willful acts carried out 12 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 WHEREFORE , plaintiffs pray relief as hereinafter set 17 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 1460 Washington Blvd. — Suite B-101 Concord. CA 94521 lj?m 0;-2.20a0 i 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 LYNN JANSEN negligently, carelessly, recklessly and 4 improperly controlled and supervised the activities of said KEVIN OLIVA. 5 6 67 . At all times mentioned herein , Defendants IMM 7 JANSEN and LYNN JANSEN knew of the dangerous propensities and B habits of KEVIN 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 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 8.101 Concord. CA 94521 14 1.51 6722080 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 ; 6 3 . For loss of income ; 7 4 . For costs of suit incurred herein; 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 11 7 . For such other and further relief as the court may ,2 deem just and proper . 13 DATED: �7l<r1985 . LAW OFFICE OF JOHN M. STARR 14 15 16 JOIIN M. STARR 17 Attorney for Plaintiff 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF JOHN N1.STARR 1450 Washington Blvd. _ 20 Suite B•101 j nncord.CA 94521 14151672.2080 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. SHALWICK ) CLAIM FOR PERSONAL INJURIES (Government 10 vs . ) Code §9101 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 . 16 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 , managed , directed , and 24 controlled JODELL WILLIAMS , a parolee from the Department of 25 Corrections of the State of California so as to permit JODELI 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 to claimant' s person . 6 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 narnes of the public agents , officers , employees 17 and representatives causing claimant ' s damages and loss are a 16 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 . 6b ( to date and future estimate) 22 General Damages $4 , 950 , 000 . 00 23 ( to date and prospective ) 24 Total Claim ( as of date of $51000 , 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 o-1011 Conco; 26 2 - Californif, 94521 , ( 415 ) 672-2080 . 1 DATED: April 25 , 1985 . 2 LAW OFFICE OF JOHN M. STARR 3 . OHI 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 - . 1 PROOF OF SERVICE BY MAIL — CCP 10130, 2015.5 1 1 declare that: 2 1 am (a resident of/employed in) the county of......i................CQn.t.r.ou...C. .s.Ca Aiu .... occu...,m.......... California. i r 3 1 am over the age of eighteen years and not a party to the within cause, my (business/residence) address is: ..............._..... 4 A., .Q...t�ashi.ng.ton .Blvd , .....Suite B-101, Concord......CA _94521 ___ _... _ .......... ........................ . . r ... 5 On .........A.P.>.a1....Z.6.......1.9.$.S. I served the within ..........CJ dliT1 for P2.rsona..._..I.1:1.J.ja.X j. ............ ....... ......_ .DATA 6 ..............................................................................................T............... on the ...............1 i•s ted....P..a.r t.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 Stoles moil at ...........................C OnCOTrj,.r....(...?.1].tOrtlia....................................................... addressed as follows ................ ... .................a 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•i.1 26 1.9 e.5.................................... at .............Concorci ..........................................._. coliforf ..... LOA r0 ............. .. .... ...........PIACa 25 /17 26 Lori R. Bisordi 7,ll. .................................................................................................................. s�.YA frYP[OR PR.Nr NAMa !UR( I ATTORNEYS PRINTING SUPPLY FORM NO. 11.5 •cV.JANUAAY f213 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 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 $5 , 000 , 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 - 1 LAW OFFICE OF JOHN M. STARR 2 1460 Washing-ton Boulevard, Suite B-101 Concord, California 94521 3 Telephone: (415) 672-2080 4 5 Attorney for Claimant 6 8 In re the claim of : ) 9 Claimant : KENNETH D. REED ) CLAIM FOR PERSONAL INJURIES [Government 10 vs . ) Code §910 ] 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 accesz 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 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 6 0(3 M STK-9R. ` 7 At orney for Claimant S 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 I declare that: ' r: 2 1 am )a resident of/employed in) the county of.......................G.Q.rl.i+ra...G'vQ�+pt4.CRE .IUMG xCUA9ml..................... Colifomio. .r 3 1 am over the age of eighteen years and not a party to the within cause; my (business/residence) oddress ;s: ................... 4 ,14_60 .taas.hi.nciton• _Blvd.,_,....Suite n-103, Concord , CA.......94521 .........................._.____.... 5 On ..........AP..r.i.l....�..6.e..... .......................... I served the within ......QIA.iM... .Q.X....P..t"SS.QII.a1.....lniurie.S_ (DATE) 6 _............................................................................................................. on the .........A.?. .t.e..a....PA.>i.G.Y....................................I..........._._... 7 in said cause, by placing o true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the 8 United States moil at ..........................Cgp.Pq ; ..r....('7.lifOr,lli.a....................................................... addressed as follows: 9 State- Board of Control 926 "J" Street, Suite 300 . 10 Sacramento, CA 95814 12 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. . ....2.6..r.....1985 Con.co.rd........................................................... Coliforn IDAT...................................................... at ............................. IPl1CD 25 ��,, 26 Lori R. Bisordi ��. ll_/C!� l."7�c1 It YPC DA POINT NAME) S'.^IA'JAC ATTORNEYS PRINTING SUPPLY FORM NO. II-S �... ... ..ev.pal 1 LAV 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 ) CLAIM FOR PERSONAL INJURIES (Government t0 vs . ) Code §9101 ) 11 Respondent : COUNTY OF CONTRA COSTA) and RICIIARD RAINEY, ) 12 SHERIFF OF CONTRA ) COSTA COUNTY ) 13 ) 14 TO: COUNTY OF CONTRA COSTA, and RICHARD RAINEY, SHERIFF OF 15 CONTRA COSTA COUNTY : X16 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 $51000 , 000 . 00 . 21 This claim is bayed on personal injuries sustained bl 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 1 control , or have access to concealable firearms at his place of 2 residence and to carry said concealable firearm on his 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 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 — I 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 / . 4f M. STARR 7 A�"'I M. for Claimant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - 1 PROOF OF SERVICE BY MAIL - CCP 1013a, 2015.5 1 I declare that: 2 1 am (a resident of/employed int the county of.......................C.Q'n.t.Zd....QQ$t4........................................................ Colifomi ICOUNT WHERE MAILING OCCURRED' r 3 1 am over the age of eighteen years and not a party to the within cause; my (business/residence) oddress is:.................... 4 .14.6,0.,..t�as,hi.ngton .Blvd...,..... uite.,,.. B-10],_...Concord.� CA........94521 5 On ......AP,.r,11....Z. .t....1.9.55..............................I I served the within .......Claim....f.or...P.er.sona.1....Inj.p.X.J.G raAYo 6 _..._........................................................_............................................. on the ............listed....P..arty ............................._......._.__... 7 in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in th 8 on,cgrd..r....C�l,i,fornia United States mall of ............... Q...... .... .... .......................................,................................ addressed as folio, 9 Board of Supervisors County of Contra Costa , 10 651 Pine Street Martinez , CA. 94553 11 ' 12 t 13 14 15 16 17 18 19 20 21 22 1 23 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was execute 24 Apr.j. .....2.6..r.....1.9..8S......................................... . at ...........Concord .................................. Colifc .. 25 26 Lori R. Bisordi ......I........... ............................................ ir7PE 0 PRINT NAM0 5�'r.•nJRE ATTORNM PRINTING SUPPLY FORM NO. 11.5 RFV. JANUARY 1973 1 I LAN OFFICE oFJOHN 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 . ) Code 5910) ) 11 Respondent : COUNTY OF CONTRA COSTA) and RICIIARD 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 $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 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 g unexpectedly attacked by JODELL WILLIAMS in that JODELL WILLIAMS 7 discharged a concealable firearm at claimant and a bullet from g 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 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 - 1 California , 94521 , ( 415 `1 672-2080 . 2 DATED: April 25 , 1985 . 3 LAW OFFICE OF JOHN M. STARR 4 5 - jGA M. STARR g rjAtrney 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 10130, 2015.5 1 1 1 declare that: 2 1 am (a resident of/employed in) the county of.......................C.Q.nt r a....QPgi.tq.......................... ............................. coliforn ICOUN� W.CnC".IUIG OCCVA.Ml 3 1 am over the age of eighteen years and not a party to the within cause; my (business/residence) address is: .................. 4 qjy�,,, B_-10.1,••. ...... ..... ...... 1- ..Co.n.q..o.r.d.,......C.A........9..4..5..2..l..................I.................... ......... ....... . 5 On ................P1 26 ...... .................. I served the within ........Claim...f.c.r....Pe.rs.ortal....In.j.ur-ic DATD 6 .............................................................................................................. on the ...............I.ial.Q.d...p.ar.ty............................................ 7 in said cause, by placing a true copy thereof enclosed in a seated envelope with postage thereon fully prepaid, in 11 8United States mail at ........................... c.'..a.l.ifo.rlila........................................................ addressed as follo. 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 penolly of perjury thoi lho foregoing is true and correct, and that this declaration was execut 24 A p r.i_l......2..6......... .............I..............—................ at .............GoCQ. omand................................................................. Cali! Iwro iPLACD 25 26 Lori.....R. B.i.s..o r..d.i........................................................... C 21 MPE on Pn,NT NAMD S.pNArUAE ATTORNEYS PRINTING SUPPLY FORM NO, It-S *CV, JA"UART 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-muted on 9 November J J , 1985 , at �,� Y , ;�''��•l,, , �, California . 10 11 12 KENNETH REE 13 14 15, 16 17 18 19 20 21 22 23 24 25 26 27 28 LAR' OFFICE OF JOHN M.STARR 1460 Washington Blvd. +uite B•101 -oncord, CA 94521 i I a r^?.9nan 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 thecontents 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 matters , I 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 November /, 1985 , at California . 10 11 V 12 MES SHA9141CK 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-IOI 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 KINCAID. GIANUNZIO, CAUDLE a NUBERT CHARLEN J . F-05-CEP A PROFESSIONAL CORPORATION 200 WEBSTER STREET OAKLAND.CA 94807-3789 (415)4 5212 JUN 3 1986 or visoRs cr d9ft Doer& 000lms ew. MIZA ALI= Claim Against the Chanty, or Mstriot mce 20 lz.RD�lOT June 24L 198 Love: by the Board of 3upervisan, !be ropy or this oocjenz sous ion yow Routing axsWsencnts, and Board notios of the action talo an Your ex aim by tae Action. 811 Section referanoss are Beard of aw'visors (Paragraph two below)o to California Government Codes given Purswaat to Government Cods S.otian 113 and 915.40 please rats all siiarrs owe Claimants Imm Jansen& Lynn Jansen- (Sheriff Rainey) (281516 Attorneys John P. Caudler�._--• Kincaid, Gianunzio , Caudle & Hubert ""'� Addraass 200 Webster St. , Ste. 200 Oakland, CA 94604-0828 A4Qy2 1988 Asonunts Unspecified By delivery to clerkJIM 4*4va. on Date >Reoeivedt May 27 , 1986 by mail, postmerw on Mn 23 1 ARF, Clark the of Supervisors 203 mrxry MWAM Attached is a copy of the above-noted claim. • bated, May 28 , 1986 pEZ BATCIG1,O�i, Marie, BY Deputy --C-alhv K owles s CoLsity Counsel TDt Clarkacre (Check only one) (x) 2Ws claim complies substantially with Sections 910 and 9110.2. ( ) Tbis claim FAILS to amply substantially with Sections 9110 and 9110.29 and we ars so notifying claimant. The Board cannot act for 15 days (Section 9110.x). ( ) Maim is not timely filed. Clerk should return claim on Vmmd 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 Dsteds By: puty County 1 III. I=: • • erk of the Board 1Us Cl) County Counsel, (2) County Administrator r . ( ) Maim was returned as untimely with notice to claimant (Section 91u.3). IT, IWD am BY unanimous Vote of Supervisors Present ( lhis claim is rejected in full. ( ) Others reerts yQtrhe this s a true correct am the 8/oa:b�a en is �Ju�Y 2f4 198 is �, NAT 1ELM, Mork, Sy ,�C/�� . Deputy Reck Dated: VAMM (Goy. Code Section 913) subject to oss Iain meptions, you bays only six (6) months !'ram the date of kits notice was personally served or deposited in the aril to file a oourt action an tats claim. see Goverment Code .30CUOU 945.6. You may seek the advice of an attorney of Your eboios in connection with lois "tter. If you want to consult an attorney, you shadd do so mediately. •. Mat: Mork at the Board TDI (1) County Counsel, (2) County Administrator Atts*ed are copies o! the above claim. We notified the claimant of the Soarde& action on this claim by mailing a copy of this document, and a msmo thereof bas been filed and eodarsed on the Board's Dopy, of this Maim in accordance with Section 29TO3. ( ) A warming of walmaws right to amy rbr lea to alaimnt. t a late claim was mailed z3 DATED: .11IA 3 n 1QAR MM S►TOML0B, Q� • �' . Deputy Clerk THE LAW OFFICES OF DONALD H KINCAID VICTOR GIANUNZIC 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 BARBARA J MASSEY 946p4-p828 BERTA H SCHWEINBERGER LAURA D CASON E JANE WELLS DEeNNE 6 POLITEO TERRY J TRAKTMAN STEPHEN C BURTON HOWARD A SHIROMA 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 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, KI/NCAID, GIANUNZaIO, 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 FMAY ECEI`lED s *11 1°85 9 jkjATCHE�on hR o uveae DRS TR ; CQ 10X'V . tis. 11 In Re The Claim of 12 IMM JANSEN and LYNN JANSEN, CLAIM FOR DAMAGES 13 vs. (Govt. Code 5910) 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 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 l W OFFICES OF INCAID, GIANUNZIO, CAUDLE & HUBERT A PROFESSIONAL CORPORATION 100 WEBSTER STREET rAKLAND.CA 94607-3]89 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 KINCAID, GIANUNZIO. CAUDLE 9 HUBERT APROFESSIONAL CORPORATION 200 WEBSTER STREET OAKLAND.CA 94607-3189 (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. 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 13 By: 14 HOWARD H. SHIROMA 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TME LAW OFFICES OF KINCAID. GIANUNZIO, CAUDLE 9 HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET OAKLAND,CA 9 W7-3168 (a 15)465-5212 1 t.AW OFFICE OF JOHN M. STARR 2 1460 Washington Boulevard, Suite B-101 Concord, California 94521 3 Telephone: (415) 672-2080 4 l� LL55 JAN 17 198E 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 13 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 28 America . - 1 - 1 2. The Department of Corrections is , and at all times 2 mentionedherein 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 io mentioned herein was , an agency of the STATE OF CALIFORNIA, duly 11 organized and existing as a department thereof under the laws of t2 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 t6 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 Wuhington Blvd. _ 2 _ Suits B•101 Concord, CA 94521 "I H ell.lman inclusive , was an officer or employee of the DEPARTMENT OF 1 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 , 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 t8 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 28 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 1460 Washington Blvd. _ 3 _ Suite B•101 Concord,CA 94521 C 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 . 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. 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 TECHNICAL 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 Suite B•101 Concord,CA 91521 •111 e..canon 4 13 . Plaintiff is informed and believes , and thereon 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 5 mentioned herein operated a business located at 2772 Pinole 6 Valley Road , Pinole , Contra Costa County, California , under 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 14 individual defendants sued herein as DOES XXI through DOE XXV, 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 1460 Washington Blvd. _ 5 Suite B•101 Concord.CA 94521 individual defendants sued herein as DOES XXVI through DOE XXX, i 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 1 , 2 , 31 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",lervised , 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 1460 Washington Blvd. _ 6 Suite B-101 Concord. CA 94521 ..n e+^^non 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 . i 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 residence 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 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 JOHN M.STARR 1460 Washington Blvd. Suite B-101 Concord. CA 94521 "It, CII-onan 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 22 herein named , acting individually or collectively, alone or in 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 26 to expend money and incur obligations for medical services , 27 therapy, rehabilitation , drugs and other sundry expenses 28 required in treatmen';- and relief of the injuries herein alleged LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 8 — Suite B•101 Concord, CA 94521 141 90 F72.2nR0 C. 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 y§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 . 28 SECOND CAUSE OF ACTION (NEGLIGENCE) 27 28 . Plaintiff incorporates by reference and realleges 28 Paragraphs 6 , 71 81 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 "icy C.,.,nan 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 responsibilities in administering and enforcing the laws of the 19 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 23 negligence , carelessness , recklessness, and improper acts of 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 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 5-900 - 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 WHEREFORL; , 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 times mentioned herein Defendants . H. S. 24 HODGE CORPORATION and DOES XVI through DOE XX , inclusive , 25 negligently , carelessly and recklessly Cailed 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 ani other JOHN M.STARR 1460 Washington Blvd. Suitt B•101 Concord.CA 94521 14 1 ro a72.2nA0 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 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 15 parking and pedestrian areas that as a direct and proximate 16 result of said negligence Plaintiff LONNIE H. STARK 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 REL "VEST PIZZA PARLOR, and DOES XXI LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. Suite B-101 Concord. CA 94521 4151 672.2080 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 , 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) 26 44 . Plaintiff incorporates by reference and realleges LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 13 Suite B•101 Concord. CA 94521 t4 151 612.2080 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 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 18 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•101 Concord, CA 94521 14 a ato.enen 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 sole? 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 SIIARON 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 191 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 28 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 ,a,ci q-!q.gnAn forth . 1 SEVENTH CAUSE OF ACTION ( INTENTIONAL TORT) 2 52 . Plaintiff incorporates by reference and realleges 3 Paragraphs 171 231 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 , 1985 , 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, KEVIN 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 XL, inclusive , as herein alleged , plaintiff suffered the 26 injuries and damages herein alleged . 27 28 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 56 . 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 inflicting bodily 20 21 injury upon plaintiff . 61 . At said time and place , Defendants JODELL 22 .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 1..c' e'e.nnin 62 . Defendants SHARON WILLIAM,S , 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 an6 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 JANSEN ani 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 18 . 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 JANSEN 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 24 JANSEN and LYNN JANSEN negligently, carelessly, recklessly and improperly controlled and supervised the activities of said 25 KEVIN OLIVA. 26 67 . At all times mentioned herein , Defendants IM14 27 28 JANSEN ani LY1414 JANSEN knew of the dangerous propensities and LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. Suite B•101 Concord. CA 94521 4i5i Aii.in an 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 8 exercise proper control and supervision of said minor . 69 . As a direct and proximate result of the 9 10 negligence , failure, and refusal of Defendants IMM JANSEN and 11 LYNN JANSEN, as herein alleged , Defendant KEVIN OLIVA in concert with Defendants DARIN OLIVA, JODELL WILLIAMS, and DOES XXXI 12 13 through DOE XL, inclusive , did assault and attack Plaintiff 14 LONNIE H. STARK on January 19 , 1985 , in the Pinole Valley 15 Shopping Center , Contra Costa County , State of Calif�..rnia , at 16 the instigation of KEVIN OLIVA and said other defendants and in 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 ; 28 5 . For interest pursuant to law; LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd _ 19 _ Suite B•101 Concord. CA 94521 .. ....w." 6 . For exemplary and punitive damages in the sum of 1 z $2 , 000 ,000 : 00 on the Seventh and •Eighth Causes of Action; and 3 ?. For such other and further relief as the court may deem just and proper . 4 DATED: January 15 , 1985 . 5 6 LAW OFFICE OF JOHN M. STARR 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 Wsshington Blvd — 20 •• Suits$.101 Concord, CA 94521 (41$1672.2080 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 94321 141c� c+�.nncn C 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. : LONNIE H. STARK ) APPLICATION TO FILE LATE j CLAIM AGAINST THE STATE OF 10 vs . ) CALIFORNIA Government Code 5911 . 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 •,-iuse of action of Claimant LONHIE H. STARK as 19 set forth in his proposed claim attached herein 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 fnllnws : 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 EXHIB11 A 0 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 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 JOCELL 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 , 1945 , and as a layman was 16 unaware that there might be a legal basis for claim against the 17 STATE OF CALIFORNIA, but was so informed of such matters by his 18 19 retained attorney. 4 . All of the above constitutes mistake , 20 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 ified in Government Code 5911 . 2 by reason of the fact that. 25 spec 26 similar claims were filed by other victims of the shooting incident above-referred to and the STATE OF CALIFORNIA denied 27 i 28 each of said claims on the basis that the factual and legal LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 2 — Suite 8.101 Concord.CA 94521 1415!672.2080 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 10 JOHN M. STARR Attorney for Claimant 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. - 3 - Suite B•101 Concord. CA 94521 141M 672.2080 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 clq i m;l nrt, 6 7 8 In re the claim of : ) 9 Claimant : LONNIE H. STARK j CLAIM FOR PERSONAL INJURIES (Government 10 vs . ) Code y""9101 11 Respondent : STATE OF CALIFORNIA, j .12 13 TO: THE STATE OF CALIFOROIA : 14 You are hereby notified that : LONNIE H. STARK, 15 3598 Savage Avenue , Pinnle , 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 cl.) im 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 JODELL WILLIAMS, a convicted felon , to possess, 28 control , or have access to concealable firearms at his place of 1 - .EXHIBIT G 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 , Pinole , Contra Costa County, California , when claimant was 4 5 suddenly and unexpectedly attacked by JODELL WILLIAMS in that 6 JODELL WILLIAMS discharged a concealable firearm at claimant and a bullet from said firearm struck claimant , all of which caused 7 B 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 amnl, it 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 JG11N M. STARR, LAW OFFICE OF JOHN M. 25 STARR, 1460 Washington tnulevard , Suite 13-101 , Concord , 26 27 28 LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 2 Suite B•101 Concord.CA 94521 141 SI 672.2080 I California , 94521 , { 415 } 672-2080 . 2 DATED: December 12 , 1985 . 3 LAW OFFICE OF JOHN M. STARR 4 5 /'JOHN M. STAR 6 Attorney for Claimant. 7 i 8 9 10 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 9021 14151672.2080 r PROOF OF SERV!C:F RY MAIL -• CCP 1013a, 2015.5 1 I declare that; 2 1 am (a resident of/employed in) the county of.............. .......fQntra.. Cq.St_ri.......... ...... ... California. 1\.r:.1NT1 \VMIAE 1AAII,1..0 L�.,:J49(�I 3 1 am over the age cf eighteen years and no! u porly to [lie within cause; my (business/residence) address is:_.................... 4 ,14,60„.tlas.hi.ng.ton...Ply. .........SuitC. .D-107,...Concord, C,11.......x.4521................. _. ............. 5 on ....... 1.9.1.....1.9-85.................... I s(:rvcci Ike within .A.p.P.Uc.a.t.iQn....to....F..i1.e....La.te................. 6 C1ai.m....Aga.ins.t...the....State....Cal.i,forn� tl.. ......i.>S.te.GZ....Pax.ty..................:,:.................................... 7 in said cause, by placing a true copy 111cr1tuf enclosed in a scaled envelope with poslage thereon fully prepaid, in Ike 8 ....c;:�n,r; c:i........•..'n,l.:i,fornia United Stoles mall of ...................... ...... ........................................................................ addressed os )allows: 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 Ihol tl,a forcUou y is true and correct, and thc% this declaration was executed I 24 December 19,.....1.9.$..5 ............. .. at ..................Concord.............................................................. Coliforn MATO InI.ACD 25 I � B. 26 Lori....R. ..... .S.4.x.fl.x............................................................... _ (TYPE OR PRINT NAW) 5 Cd._'u•E ATTORNEYS PRINTING SUPPLY FORM N(:, 11-!; RN.JANUARY 1973 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 a ;m=n* 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 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 presenting his claim against the COUNTY OF CONTRA COSTA and • 26 Sheriff RICfiARD RAINEY is as follows : Claimant was shot by one 27 JODELL '1ILLIAMS on January 19 , 1985, in the COUNTY OF CONTRA 28 • COSTA, STATE OF CALIFORNIA, and suffered the injuries and - 1 - EXHIVI 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 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 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 abnve-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 1460 Washington Blvd. — 2 Suite B•101 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 , 1985. 5 LAW OFFICE OF JOHN M. STARR 6 7 r 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 (4151672-2080 (- 1 LAW OFFICE OFJOHN 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 . j Code 59101 ) 11 Respondent : COUNTY OF CONTRA COSTA) and RICHARD RAINEY, ) 12 SHERIFF OF CONTRA j COSTA COUNTY ) .13 j 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 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 Cnsta County so as 28 to permit JODELL 11ILLIAMS , a convicted felon , to pnssesS , - 1 - EXHIBIT control , or have access to concealable firearms at his place of 1 residence and to carry said concealable firearm on hi : person . 2 On the date of January 19 , 1985 , at about-. 7 : 30 p.m . claimant 3 was a pedestrian in the vicinity of 2772 Pinnle Valley Road , 4 5 Pinole , Contra Costa County, California , when claimant was 6 suddenly and unexpQctedly 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 of- 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 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 cnmmunicatinn with regard to this 25 claim should be sent to JOHN M. STARR, LAW OFFICE OF JOHN M. 26 STARR? 1460 Washington Bnulevard , Suite B-1011 Concord , 27 28 LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. _ 2 Suite B•I01 Concord. CA 94521 14151672.2060 1 California , 94521 , ( 415 ) 672-2080 . 2 DATED: December 12 , 1985 . - LAW OFFICE OF JOHN 1.1. STARR 3 5 JOHN M. STARR' Az 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 Coneord. CA 94521 !4151672.2080 (� PROOF OF SERVICE BY kkAlL -• CCP 1013a, 2015.5 1 1 declore that: _ 2 1 am (a resident of/employed in) the county of......................fQ 1trd.. .Go,Sta........... ...., ,..... California. f<:r..^rV W"CRE 41AIU14G CG'_URREC. 3 I am over the age of eighteen years and not a party to Ilse within cause: my (business/residence) address is: ................. ..... 4 AA.60,,.,jlashi.ng.ton...Blvd..,.......5>_jite......B-10]...... oncorde CA 94521 5 On ..........Dec,efi.be.r:....1.9.'.....1.9.8.5................ I sur•;ed Ilia within .....Application.... o....File....Late............. MAID 6 C1a.1.m....A.9ains.t....the,..Cou....... .of................. an the .........listed....pasty. ........................ ............................ Contra Costa and Richard Rainey, Sheriff of Contra Costa County 7 in said cause, by placing a true copy Iherouf mclosed in a scaled envelope with postage thereon fully prepaid, in the 8 United Stetes moil at .......................... I.J. rnia .............. addressed as follows; . ... n ................................... 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 Ih: forepuinu is true and correct, and that this dedcrotion was executed on 24 December 19 i....�.98.5 at .....................4 Q,CIG..r.d........................................................... California. ................. .................................. MATE) (PLACE) 25 26 L . Bi ..........ori.......R............................sordi.................................................................... (TYPE OR 1'nINT NAAIrI ,. .•.� .. ATTORNEYS PRINTING SUPPLY FORM NO 11•5 REV.JANUARY 1973 fit IVCU vnn 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 (unrean�blg) 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: De c. 2 3 , 19 8 5 PHIL BATCHELOR , Clerk, By a d=n1 40, ( � Deputy Aron CerveII 1I. FROM: County Counsel T0: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911 .6). X) The Board should deny this Application to File Late Claim (Section 911 .6) . DATED: , //r8s VICTOR WESTMAN , County Counsel , By� � �`�-deputy III . BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). b< 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 i45.J )IC Deputy WARNING (Gov. Code §911.8) E);lilBlL 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 227 Oakland, California. TME LAW OFFICES OF � • �� CINCAID• GIANUNZIO, CAUDLE a HUBERT CHARLENE VOSTER A PROFESSIONAL CORPORATION ?OO WEBSTER STREET DAKLAND.CA 9 7.3759 (41 51 4495212 AN 3 1986 UAIN DDARD Ot OurwyLOWS 0r dGM OOBM COMM June 24,- 1986- Claim Against the County, or ivistriet CrDTI !O CLAD= goveroed by the Board of Supervisors. The Copy s oa+men ad tois Tw floutingen WAOrsemts. end Board notice at the action taken on 7cur a aim by the Action. All Section referenoes ars Board at SQardsors owvsrgb ITs bdm), to California Government Codes given pasuent to Goverment Code flection OL3 and 915.4. !lease nota all wVw%IW e Maimants E.J. Klobas COOCOW Attorneys MAY 2 91986 Addreass 2512 Simas Avenue hand delivered *fti'O Pinole, CA 94564 delivery to Clark an May 23, 1986 Amaiunts $93 . 30 Date Bssosi vads May 23, 1986 BY mails Postmarked on . erk of the Board Of pe sons : County WRO Attached is a copy of the above-noted Claim. Vateds May 28 . 1986 Cl RM DATOMLORs arks By ,_1Depdy FROM: y s GLark or tae .goerd of Supervisors (Check only one) (� This claim Complies substantially with Sections 310 and %0.2. ( ) psis Claim FRMS to comply substantially with Sections 910 and 910.2' and wa WO so :notifying claimant. The Board ow sot act for 15 days (Section 940.0. ( ) Maim is not timely filed. Mark should return Claim onground 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 Elated: '6 By: ,-_. i it � ) Deputy Ccumty III. f?AOIbI: Qerk of the Board 7Ds (1) County Counsels (2) County Administrator ( Maim was returned as untimely with notice to claimant (section 931.3)• IV, IDARD OROFA By unanimous vote of Supervisors present This Claim is rejected in 11tH. ( ) Others y that this Is a true wd correct copy EF the 'a order sa is minas4 this date. 2 Dated' 986 RM BATMELOR 9 Mark. By �9�� . Deputy Clean VARtt W (Gov. Code seotica 913) &b eft to Certain exceptions, you leave Only vis (6) months from the data or this SCUM res personally served Cr deposited in the mail to fila a Court Lotion on this !lain. See Government Code Section X15.6. You may seek the advice olt an attorney of Mr Curios in Conssection with two matter. If you want to Consult an attorney, you should do so immediately. 1. fl Mt Mark of the Board IN Cl) County Oounmels (2) County Administrator Attached are Copies of the abm claim. we notified the Claimant of the aoard's action an this claim by mailing a copy of this &Oumeats ascd a memo thereof has been filed and endorsed an the Board's Copy of this Claim in a000sdanoe with Section 29703. ( ) A warming of eialmiantfs right to apply lbs• leave t a late claim was mailed DATIDslaA MZ UMMLORs Clarks 2yy s Deputy Clerk r 1 In the Matter of the Claim of �D E .J. Klobas V. 3S PHIk ,,ALCM "'R ISORS LEAK N^t^AA OF PCO Contra Costa County . By 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 2512 Simas Avenue Pinole , CA 94564 3 . The address to which claimant desires notice of this claim to be sent is as follows : 2512 Simas Avenue Pinole, CA 94.564 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 El 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 beep 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.. KLOB,AS , Clai ant '' _ - ' ' •-_.. . . �..�_�-rte-� �-�--s JUN g 1986 MAM Claim Against the qty, or bistri t VMCLP 10 M.AWAIT June 24, 1986 ' governed by the Board of 9upervisorse The copy • document sailed to IM Is yoar Pouting End sa entse and Board notice of the action taken an lots' elaia by the Action. All Section refwanoss are Board of Supervisors ( wwrapb lye bdow)e to California Governwnt codes given pursuant to Government Code Section 913 and 61564. Please now all Mhmmlwo Clataants Eric J. Kolhede cotpdy CMNIW Attorneys MAY 2 9.1986 Addryass 706 St. Mary' s Road hand delivered .chaa• Lafayette, CA 94549 to clerk May 27 , 1986 Amounts $100, 000. 00 IMS beosiveds Mdy 27 , 1986 By sail, postworked an FROM.—Clerk Ff the Board of SupeMsom lot county Attached is a copy of the above-noted claim, n nateds -may 28 . 1 98K pM UTOUMM, Clarke By • : Y 03unsel = as-,rfd We NMI Or NJ—PL (Check only one) This claim Complies substantially with Sections 610 and 61062- ( ) This Claim FAILS to Comply substantially with Sections 610 and 1110.2e and we ars so notifying claimant, ibe Board cannot act for 15 days (Section 910.06 ( ) Claim is not timely tiled.. Clerk should return Claim an ground that it Was tiled late and send rrarniof claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Otherc Dated: BY: I Deputy County IIr6 CJs Clerk of the Board ins (1) County Cassel, (2) County Administrator r ( Maim was returned as tuti=ely with aotioe to Claimant (Section 911.3). IV6 BDAYM GRDtJt By unanimous rote of supervisors present 0() Tsis claim is refected in fulls ( ) WWI eCertify�s �tthtat this s a Lax Correct copy is en is Dated jLTN 2t4 1986 s PFM UTOMM, Check, By . Seputy Clwk VAWW (0or• code SectiCn 613) Subject to certain exoeptions, you bare only six (6) sanths tram the date of this notice was personally served or deposited in the sail to file a oast action an this alai=• Bee Government Code Section 945.6. Tau say seek the advioe of an attorney Cr lar Ceolee in connection with this natter, It you ~ant to consult an attorney, las should do so isoaediately6 V. tlM& Market the Board IN Q) County Cowele (2) County Administrator Attaacts Ccs culls claam im by s of thea above clog Ve Wtifted the claimant of the Board's and endarsed an the board's copy offthisfClaim in accordance with and a New thereof ction TO been tiled ( I I 30 warning of c alua:n •s right to apply for leave as sailed eI1TIDsla !�, B1 MZ DR, Mark, By t a late claim My Clerk CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COAXNr Xapplicatlonto: v r Instructions to ClaimantC!erk of the Board Mev 26, 1986 `SiP,,, e .s�,� 1/io6 Martinez,Cal ifomia94553 A.• Claims relating to causes of action for death or for injury to person or to personal property or „growing crops must be presented not later than the 100th day after' the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year 'after the accrual of the -cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the_ Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps Eric J. Kolhede ) ) REC VED Against the COUNTY OF CONTRA COSTA) MAY ).7 196, ) iJ lO or DISTRICT) PHIL§A CH CoA NT veFVisSD o I(FillIn name &EPU The undersigned claimant hereby makes claim agains a my of Can-tra Costa or the above-named District in the sum of $ 100.,000.00 and in support of this claim represents as follows: r 1. Wheh 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. �:--W�iere did ttie damp-e-or-in'ur--occur?------------------------------- g � y (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-----d-amage------or--injury occur? (Give detaiis, 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' 7 'employees causing the damage or injury? Uj&irowrr at this time. --------------------------------------T---------------------------------- 6. What damage or uries 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-----------above-----computed?-------------(Include-----thee-- - ------ est-- ima--ted amount of any prospective injury or damage. ) Personal estimate. Exact amount unkflwrr at this time but could exceed $100, 000. ---------------------------- -------------------------------------------- S. Names and addresses of witnesses, doctors and hospitals. Family and resident of 710 St . Marys Road (Mr. Horning) who sustained similar damage at his property. 9. ,. T��.�.t. _*fie. expenditures you made on account of this accident or injury: DATE ITEM AMOUNT l .: _.._...... _..._ Govt. Code Sec. 910.2 provides : � . "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " J� /J��/ Name and Address of Attorney cI- GKi/f'�Q k& I have not yet retained an Claimant' s Signature attorney. Therefore, please 705 St. Marys Road send any relevant notices to AddressLafayette, Calif. 94549m ie o h dress rovi ed e€ the ri-. o FhTs sector o the forms Telephone No. Telephone No. (415)283-5039 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. " SAH Cr itfP�taT S or owl omme Claim Wrat the County, or bletriCL SMCC 20 C UPW June 241 1986 goverasd by the Board of Supardsosss 1lnt coP7Or-Me 400LNMZ 0011010 toyon 10 FW Routing Z dorsements9 and Board Wtioe at the satim taken Ca your claim b7 the Action. All Section referanoss are Board of Strparvitors VerOW010h IIs bdM)t to California Goverment Codes Sim pursuant to Government Cods Section 913 and 915.40 !lease note all swarain ve Claimants La Encinal Homeowner' s Assoc. CWtY Wong Bertha Thomas 1996 Attorneys Christopher J. Joy MAY 2 y Russell, Joy & Feinberg Address: One Raiser Plaza, Ste . 2135 Oakland, CA 94612Ed de j1 iv red `• ' Am=t: $100, 000. 00 Vary ^ clank on _ M•,h 77 Ute Send cad: May 27, 1986 By mail• postmarked an YM:--Mwk of the Board of SupeMsora 958 MEE1 Diaz Attached is a copy of the above-noted claim. Dated: May 28 , 1986PHIL BATCLAA, Clerk, By DOC'athy U , Osputy no : y : Rome (Check only one) (/114 7hi9 claim o®plies substantially with Sections 910 end 910.2. ( ) This Claim FAILS to Comply substantially with Sections 910 and 910.29 mrd we am so notifying claimant. The Board Cannot act for 15 days (Section 910.4). ( ) Claim is not timely filed. Clerk should return claim an Sid that it was lileid late and send wamir of claimant's right to apply for leave to pest a late Claim (Section 911.3). ( ) Others Dated: By: t putt County UZZ III. VMS • . ark of the Board 70: (1) Comty Wive * (2) County Administrator r ( ) Claim was returned as untimely with notice to Claimant (Section 911.3). I9. Som Sy unanimous vote of Supervisors present (� Zhis claim is rejected in =* ( ) Others ait� y ttha s datethis s a true correct copy theme/ 's on is Dated: JUN-2 4 198 "M NATMLM 9 Qrk, byDeputy Cleric VAV= (Gove code station 913) Object to Certain except MS, you have only six (6) months from the date at this motioe was personally served or deposited in the mail to file a Cant action Cc this claim. One Government Code Section 945.6. YOU My seek the advice Cf an attorney Cf your Choice in connection Ulth this ou matter. If ywant to Consult an attonrey, you should do so Immediately. ♦. !'n MS Mork of the Surd TD: (1) County Counsels (2) County Administrator Attached are copies of the above claim. We notified the Claimant Cr the Board9s action Can this claim by mailing a Copy of this doements and a memo thereof has been filed and endorsed on the Board's Copy► of this Claim in S000rdanoe with Section 29703. ( I A morning of Clsimant•s right to apply rw leave a late Claim Mu mailed 0ATED:t0jor :;in0 hA1A "M �TQOIDR s Qrk • )sy► . Dtpnty Clerk May 27 , 19$ RECEIVED MAY-;271986 T0: Count of Contra Costa F)OLGATc►Eio: County CHIK 80AFf>OF SUFEPV::OR. Clerk of Board of Supervisors s H:aa yT co. v .. 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 El 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 . 6 . The names of the public employees causing the claimant ' s injuries are unknown at this time. 7 . The amount claimed as of the date of this claim is $1001000 . 00 . 8 . The basis of compilation of the above amount is as follows : A. Removal of slide debris and restoration of creek bed and culvert $1009000 . 00 Dated: /1�� Lf�� RUSSELL, JOY & FEINBERG V By CHRISTOPHER J. J Attorney for Cla ' nt Bertha Thomas (/ - _ A is =c CLAW PARD Or wpommaS Q dWW O=Ms CMMMU Clain Against the County, or bistriet . Ca 20 CLUNW June •24, 1986 governed by the Board of Supervisors, !be oopy s OWOW ed to !s ' Routing al"sementat and Board notice of the action taken an ?�' elate by an Action. All Section rsferenoes ere Board of unr sora (Paragraph M below)r to California Government Codes given pursuant to Govemment Code Section 313 and 315.3o dense rote all WKWIlMr o Claimants Thomas J. McCauley U111Y CONgW Attorwyi JUN 0 31986 Addrwst 1606 Silver Dell Road 408th W CA W&% Lafayette, CA 94549 Amounts $2, 129 . 94 By delivery to clerk an Date Beadveds June 3, 1986 By mail, postmarked on June 2 , 1986 . er pe soca 108 aizry Attached is a copy of the above-notaid claim. Dateds June 3 . 1986 >'M BATOMM, Mark, By G—athv WAowles • : County s mom cir IN Sam (Check only one) (X) Ibis claim complies substantially with Sections 910 and 510.2• ( ibis claim•l*AILS to comply substantially with Sections 510 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910A). ( ) 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 pressat a late claim (Section 911.3). ( ) Other: Dateds ; ' BY: c_- putt countycounsel L W. nM: Clark of the Board 701 Cl) County Counsel, (2) Canty Administrator ( I Maim was returned as ontimely with notice to claimant (Section 511.3)• Iv. WARD OW By UWAImou s Ate of Supervisors present ( 2we claim is rejected in fusll. ( ) Others ca��rtyttha s s a true convot copy the to en is DatedrJUN rar this date. 4 i s PM BATQOIAR, Clerk, Dy . Deputy Mark VAN= (Dov. 00de Section 913) Subject to oectain esaepticas, you have only six (6) months fr® the date of tela Wtice was pe WrAklly served or deposited in the mail to file a court action nes this claim. Soo Govern OOt Code Section 915.6• Tau may seek the advice of an attamsy, ed low eboiee in connso fon mdtb this amtter. If You want to Ooe mdt an attoraeY, you should do so immediatelye f. nm, Clerk of the Board IN 4) Canty Cassock (2) Winty Administrator Attadied are copies of the above claim. We notified the claimant of the soardta action on this claim by tailing a copy, of this dwMents and a am thereof has been filed and endorsed m tDe Board's OM of this Claim in a000rd U= with Section 29703• ( A wratng of claimarst•s right to apply fa' leave mit a late claim eras mailed to claimant. DATIDsJUN q n foot VM BATQmmI Marks DY Dapusty Clerk CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instruptioa,s to Claimant jv 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 ) Reser g stamps THOMAS J. McCAULEY ; RECEIVED ) JUN 3 198ri Against the COUNTY OF CONTRA COSTA) PHIL BATCHELOR aK RD UVERVI or DISTRICT) TRA TA co: (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 - ; .._. , I employees causing the damageiwo"r •in`Jury? J. Montagh - Deputy Sheriff - -------------------------------------------- ------------------- 6-.--What-----damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Damage to 1981 VW Scirocco in the amount of $2,129.94. ------------------------------------------------------------------------- 7. How was the 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 PIcCauley 1606 Silver Dell Road, Lafayette 14i ke ----------------------------------------------- 9. ist, the expenditures you made on account of this accident or injury: t :n TX ITEM AMOUNT Bone. 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 Ca i tue 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. " tstimate t�eport NAM ti. t S I G % r ! C_ .O a✓. /-G-Fj it • •t. . DATE r�'t `'eUS PHONE xk ADDREss /ill �n�4xr4c� / , STATE -.h _:� g+o►�rtFs. a YEAR MAKE S <: G MODEL l D:NO. PAINTCODE - "PROD.DATE_TRIM MILEAGE ":_. LKNSENO .Ms.Co. CLAIM R.O.NO. -ADJUSTER— � PHONE .. - OeAYetlb /ftit anent �7,,,. Line Re llft�N. • • • • :•' OTHER lz �2.; -" ° s i-w •• v,d 'nom� itiF� /w y�x,t ,n ' rt � • Yh ry,,r`�,eT� - Y+r as <_. i ti+t,4..* ��' , r : „r TQ J,s- /. A.M j t ;[...+V u e. n.° i �� ''t -.y .: +}i,l'`•.2 s • x$,, rf 4� ,e,Q,T a:i' '�.-• /F�.,L`' iI„ '.. 4 •B„ 1,. pS +#'r !>..•�:a r .�`'':.w2• /..c. .� o y ' �r a - � �. .: 'Z.-.,. .? i- '�` -•�. go I^d < �:O '`-�r'^ •"`E., t t..i�4` Y .-u `~ -.r•�:�+?\ �' 's �� r va i.s�..'•.., ,w .K � £ 1@Tv,� 13 X 145 �(+ ` a'`S- f ,p 4 S �2• I _ _ t - �t 3'S :. j r }•,� ,...� LL. 2'� r(' , 5't-{' 4 i.` .c w i-'�i+'; b Y ''4v r - Fr fr Yr�- �T ...0 3 n b -. .: ♦ i � -? NF[•�'" � w; t7 1 ti r B...�"C tip S• r i�. ..s t'r•S' i' '' ..l` :r.y y z �' »;�t u "^•rf {fie i «rS. b W< • 'r `r. r r VSs a 4.,s.s v��1 4. a 1 4yy 'Y y T a mss.--;..�f - C i �1 27 tN t x r 47 - a ' _., w.+ ,•i•• w .v �').,`'t .0 �•t y M1• c � t.^.$..- � k, n � � >.Y�,d� "#-”x-�; �Y � t Y ( 29 , YJ pp�r Y < 3�- r'' A Y i. ,i y +. 4 N f<• i > '" .. 2 }r' 4`."a .,3 w,.1„{7"- i. > 'n °: `+k1+y„.,5' „,y ,8. A L' hi'. b. .wt ..;F F•.w t.yNa r� _ �. _ ... ,:r4 �•.v+lki' .5. '.-.-.r _ K - i ..r if,�.`h .x. WRITTEN BY TOTALS $ Thereby authorize the above work and acknowledge receipt Of copy.Signed X.. .PARTS Pdcw subpect to move r n4 s t 3' v tip _ LABORhre �aD •8� `9 t8 � �7 5'C� .`BRANER=�SLOANE :ml £ µ ' .`Shop Supplies - std PAINT hire @_g rt> " Patnt S Ilea MOTORS 'INC z �3 p r 1840 No.'Mairi St ' 8 rt ,. ti Sublet/Mlscellaneous [a 8 WALNUT CREEK,CAL: 94b96 ra Phone 934-8224- R0 =�sueTornL� s Direct Line-934;8575 G a � �,», TAX utrvo� r NOTAL ESTIMATE Y \.�.,-�IMY�..�j+—.,iN_..�C�,�Y:.�ft:^� ._r._Y=..�,.w � ate.+.•-----._.,. .r—,�_ r�.s i. �._. - J & C BODY SHOP, INC. 2535 Monument Boulevard Jack ArmaS Concord, California 94520 825.3800 Name -e "hone Address S Insured by " oyw SufZ�cco lh�(l�'L- Year 6 Make Style license l^`� Motor No. Serial No. Mileage Symbol FRONT labor Park Symbol LEFT labor Park Symbol RIGHT labor titi Damper Damper Brie. Fender. Frt. Fender. Fri. Dumper Gd. Feeder Shield Fender Shield Fri.System Fender MWD. Fender Wit. Frame moaaamp Headhimp Cron Member Headlamp Deer Neodlamp Door Stabilizer Sealed bans Sealed ham Wheel cool cowl Nab cap Windsilk" Windshield Nab A Dram Dew,Frani Door. Front Knuckle Knudde Sup. Dew Mage Doer Hinge Ls. Cont Mar.Shaft Dow Glow Dow Glen Vent Glass Vero ate" Up. Cant.Arra Shalt Doer Mldps. Dow MWD. Shock Dow Handle Dow Handle Spring Center Ped Grow POO To Rod Deer,Rear Doer, Ever Steering Geer Dow Glees Dow Glass Steering Wheel Door MWg. Dater Mldg. Horn King Roder Panel Roder Panel Gravel Shield Rasher MWg. Roder Mids. Pah Ught Floor Fleur Frame Frome fed. Grm Dag Leg Deg lag Clear.Panel Owar.Panel 0 Ouse.Mldg. Geer.Mids. Over.Glow owes. Glen Fender,Now Feeder,Rete Fender MWg. Fender Mldg. Fender pod Funder Pad Name Fate REAR MISC. Vera ad. Panel LbOly, side granger&w. Freest seat Ddb. Lower gm IF ad. Fpr!Seal Adj. T some, Upper onvel Shield Trim lad Flats. 4. lever Panel J Headlining Lock Fan, up. Flew Tap Hood Tap Trus lid We i Were W7— NNW Hinge Tmak tight Tube Heed MWg. Trwah Handle gallery a same M Tam light Q Mae Q Rad. Esp. I Tail Pipe 60 Rad.Con I Gas Teeb "Presse From* WOE HOLIES �' �6 d /0 NOW.Noser Wheel METS Q Fan pm led* Nub A Dru Fee soft Ada TAR K7- W46.Pawq Sprhq TOTAL Maar Pate0 CIwrA UA ' ADVANCE CHARGE 11 1 GRAND TOTAL; ZZ -A—Align N-Ness ON-OWWkuw 5-s1raighlee or Ryeh 0LEatdrprg* RQsodram* U-For used Furls llirwdl 175 70 5e 13 ESTIMATE EXPIRES 30 DAYS FROM DATE UAV PARD Q !✓DPIOmam Q c5W W3f/ 2220, GLMIA � Ciaia Against the Cainty, or bistriat EMCLP !0 OLLO r June 24, 1986 governed b7 the Doard of supervisara. !bs copy s GMUMT, Nallac toIoo is yes' clouting wwsements. and Doard moons of the action talose m Pur dram by ahs Action. All section refwnoae are Board of &Wvison VW%V mph M 6a1609 to California Qoverns*nt Codas Divan rivient to Goverment Goes ssotim 313 and 945.4. !lease Bots all miter abso o Claimants Steven McCormack Attorrsys .n" Addreass 1028 Aquarius Way !(ley 4 3 1986 Oakland, CA 94611 roRlhRs CA ` Anowts $1 , 008 . 30 By delivery to clark on nate jeoed ved: June 2 , 1986 By naSl p postmarked m nj, in, 1 o Q ti ark if the Board of SupeFROWS 151 URYrify biaRm Attached is a copy of the above-acted claim. nateds June 3, 1986 FM RUCIM AR 9 Clark. By a h : comty : 92srXQ9W (Check only one) ( I lais claim complies substantially with sections 940 and 940.2. (O Tb1s claim TA= to o®ply substantially with sections 910 and 9Q0.29 and We ars so notifying claimant. Tbe board cannot act for 15 days (Section 940.4). ( ) Claim is not timely tiled. Clerk should return claim an 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). ( I Others bated: f-- t ty III. nONt gsrk of the Board. 701 (l) County Cassel 1 (2) Casty Administrator ( I Main was returned as untimely with natioe to claimant 44eetim 941.3)0 I9, BOARD 0 VC N By unanimous vote of supervisors prment (x) !lets claim is rejected in tall. ( ) Others certify that this In a true ia oorrect copy of the Hoard's an is wirnutas for this date. Dated: JUN 2 4 igarz hm. wommP, Clark. By _ � Deputy Clark YARIM (aa., owe section 913) sub,)sat to oartain azoepti0089 you have only six (6) months !tram the data of tUs motioe was personally served or deposited in the mil to rile a wrt action an this class. see 60varrmect Cods ssotian 95.6. Tau may seek the advice of an attoerey of your ah0i0s in oasmWtlm tdth tads matter. It you want to consult on att"T*Y, you should do so immediately. f. "Ms Clerk of the Board IN (1) 0MMty OWAMIg (2) Gamty AdmiaistrUtor action tt this aimam mbyi walling the bore claim. We Ratified the claimant of the Board's and andorasd m the Board's copy offthis Maim i000rof this danas � gediean f� been tiled ( I A warring of claimants right to ripply floe. Ieave a lata claim was walled to claiaaat. G7ID: `111N e 8 41 liIIL B►T0ffaM j Clarks By X74 Deputy Clerk . 'CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions ' o 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 JrCile-l l A 64AW � RECEIVED � to6� Against the COUNTY OF CONTRA COSTA) J�,� a ) ++a a�•ort�o� or DISTRICT) i�O, (Fill in name) ) ey .. 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 : ------------------------------------------------------------------------ d 1. When did the amage or injury occur? (Give exact date and hour) -------------------------------------------- --------------------------- 2. Where did the damage or injury occur? (Include city and county) --------------------------7--------------- ----------------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) 3tcyc�E dllr MIYTiltr 0F &AT i ' ) di` ak r14*A WL� �FG��E� ✓G2 _«2- _IA�--Jd��/ �� geTrf_ rryCGt� R-'Fe-c ge3oi.r ---- -- ---L---------- --------�------------------- -�- 4. What p-articu--u ar act or omission on the part of county or district officers , servants or employees caused the injury or damage? (over) 5, What are the names of county or district officers, servants,-.or--. :.. employees causing the damage or injury? - -- - -- ---------------------------------- ------------------- 6-.--Wh-at-da-mage-----or--injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto Qlapage) SAi2C't_Y SPRRt�1C ) Sff�✓�Dtr2, CREkkt�) R►RSiC(1TP LACt TiG�✓S �FQ11�R�nJG l'uTdt6S &Jol,TE) rsi I." dF. Pm WeAk FeQ. e*V r.JE�k ®�3icyaE �✓vcF•SA2s 4b•AJT ---------------------------------------------=------------------------ 7 --- . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) W6E7Jcs .fv,_1 = JRV - Qtc ycc t" ze*,,e: : 5-8 zo ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. 3e*2T FILR9 O,J Pog7 i950wc Ay &res i 3AY AMA Poucs, i✓�rNb`S dG (,�l rTA/t SSS S �/,�//f'NOlt1A� . qtr k 4 isr—t- . 0 4ku4iv1 . ------------------------------------------------------------------------- �9. ' the—expen itures you made on account of this accident or injury: DATE r ITEM AMOUNT �i4�Cff tl,� �p�� r3rcYcc� 2��.4r/L. 30 ()jV P -(-D W d�(c_ 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 AttorneySE�at Claima is Signature /D 2-k AoDvA2iv s Address 0415u4ND C# Telephone No. Telephone No. (DSS(- /ZS 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. " AND AS GOVERNING BOARD OF THE CONTRA .CQSTA COUNTY FLOOD CONTROL AND WATE C0 S VATION DIST Q11t111�f June 24, 1986 Claim t8 rot the Canty, or striif en a ow to !a par a0verved by the Board of supervia"s She "M Routing Bndwrsementa, wbd 90874 aotioe or the coon taken on yds' by we Actin. 911 3e0t1oa refsrt:oea are 90&74 or 94erdwm (9araVio IT, below), to California Goverment codesta9iwc p:suent to Govai meat Code SWUM 193 .01000 d Si5.1. !lease now all ewarainS e Claimants Marty Ostenberg cm1y Coons Attaemys Jeanette K. Shipman Sterns , Smith., Walker & Grell JUN 0 4 1986 Addreear 280 Utah Street �y�,,.,.. p��,�� San Francisco , CA 94103 '�"oftQua- �ts $1 , 000 , 000. 00+ �H deli an May 28, 1986 =tate:Beoedwadt May 28 , 1986 by mile pwtas ftw w • erkbard—ofpe cors s y Attached is a copy of Uw above noted ala:.. Weds � June3_1986 pM 9AT0ffiAR, MWk, By w . Wim—county sMork-of (Cheek only one) (x) lama claim ooeoplies swotantially with sections 910 sed 910.2. ( � rds olalm rAnS to *®ply substantially with ametioes 910 Clad 910.2, and WS art so notifying claimant. The Board owwt act for 15 days (section 910.8). ( ) Claim is not timely filed. Clerk shmild return claim M ground that it res ftlAd late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3)• ( ) othars OateQ_: Z - 7 , / BY: PAY comty 3II. nft Clerk or the Board 70s Cl) Cmmty CmrAnI, (2) Comty Administrater ( ) Mala res returned as mtisely with notioe to claisant (Seatim 411.3). Iv. so= By ssrnimays Ate of superyiaws present pC� 2wo claim is rejected is !1tu e ( ) Others y that tbig is a true jR correct copy the 16iRla Order eo minutes for this date. ��K' nateds �� 2 d tear PM IMTAtFIAMark,erk, ByCY•`" Zfeputy Clerk NAM= (Gove code sectim 913) Subject to certain esceptians, Wu haw only tis (6) wnths rho the date cc that actiae res personally served or deposited in the email to file a court aotim M tai& clata. See Cove:'Tent Code Bacon 915.6. Tau Clay seek the advice of an attaesn of par ahoioe is owswetim uIth tus !atter. It M rant to oonault an attoeyey, you ahadd do to immediately. 7. nM: Clerk or the Board QjDs 4) County Cove7se11 (2) Oomty AdairAstrator •eti an t�nis claim 0ya are 00i or theabaft claim. We entified the alaisant ori the Bbard•a naopy g cor thio doommt, and a neuro thereof has been filed dna w darsed m the Board's copy or this claim in aomlarwe with 9aetim 29703. ( ) A warning oaf alaimant•a rlgbt to apply for Ieaw to asst a late alai& wo nailed a►Tm,tOJ � ltIIl. SITQCZDR, Clerk, By—U'� 9V� . p1ty Clerk 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 1013 Barbara Lane RECEIVED San Pablo, CA 94806 l� 2. The address to which notices are to be sent i Jeanette K. Shipman LAW OFFICES OF IL BAT HELOR STERNS, SMITH, WALKER & GRELL cL As vERvisoas 280 Utah Street meC nc�. p 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 JEAN E K. SHI N Atto hey for Claimant 3022-A 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 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 pug or wpaylsltS or dM cdtA noodle CdL>'RSM Clain wnst the qty, or bistrtat Q !p Q1II11*f June 24, 1986 Bovel�ed by the Doard of Supsrvisorse go oc" ".•rte--r_ _�_ •• as uus oocuao.asz auib to wu L lour 11outing Wdorsaments, and Board notice of the notion taken m lour data by ahs Utton. All Section references an Board of Suverdsars (ParaFapb two !claw)# to California Goverrw.nt Codas given pursuant to Government Code Baotiao 1113 and 5L5X lleasa nota all eUaraiowe Claitants Janet Paige C" cmw •ttammys Jeanette K. Shipman JUN Q Sterns , Smith, Walker & Grell 41986 Address 280 Utah Street San Francisco, CA 94103 hand delivered � � its $1, 000, 000. 00+ By dsllvssry to alert on May 28 , 1986 Ute jecisi vb: May 28 , 1986 By mile psostnarh d an —Clark o pe sora 158 aiRmy Counsel Attached is a copy of the above-DOW Ghia. nateds June 3, 1986 PM RkT0ZAR*' C,srts By Y s t , it (Check only one) ( 7his claim complies substantially with Sections 410 and 910.2. ( ) fts claim TAIIS to ocmply substantially with Sections 1110 and 910.29 Wrd we ars so notifying claimant. The Board cannot act for 15 days (Section 9110ed)e ( I Maim is not timely filed. Clerk should return claim on V%mrA that It Vas tiled late and send war•ni� of claimant's riot to apply for leave to pewant a late claim (Section tall.3). ( ) Otbers Oateds ?(n By: L Lt putt' County cozoel III. nMi Clark of the Board sou Cl) County Counsels (2) County Administrator ( I Maim was returned as untimely with notice to claieant (Section M1e3). IT, MW QIGJlIt BY unanimous vote of Supervisors present ( This claim IS rejected in full. ( ) Others Gartify that We is a true im correct copy of the Board's Order-entered in its 2d for this date. �s JUN 2 4 19RA IM DATCMM, Mar* By `• xlelzt� . Deputy Clark NAM= (clove floes Section 913) gubjeat to curtain emosptiom, you have only six (6) nontbs dram the eat• at ULa botioe was personally served or deposited in the tall to file a court notion oc a" algia. See Government Coda Section "5.60 You nay seek the advice of an attorney of your choice in nonrmction with dais Patter. If you want to ocamat on attorney, you should do ao ismediately. Y. "MI Clark of abs Board Tor a) County OwAmis (2t' County •dkLinistrator itta*Ad an copias of the above claim. We notifib the claimant, of the Board's action on this claim by tailing a copy of this document, and a tomo thereof has been filed and endorsed an the BDard'a copy of this Clain is a000rbarae With Section 29703• ( I t #earning of cl tuantra riot to MP'p1y 1'bc leave to t a late cases was tailed qEDtaOJ*"�%6 t+BIL BiLTD�Ats Clerks By 98pAy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Paige v. Contra Costa CountyRECEIVED + 1J TO: Contra Costa County1900 Clerk of the Board 1 !(go P.M- 651 Pine StreetPHu V.TCH:IC` LC:K9 Room 106 C Cl 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: 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. SHIVMAN 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 ; r (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 CLLIN mar, rw ,eaS cr won– alT. CALZlI'l�IA AND AS GOVERNING BOARD OF THE CONTRA .CQSTA COUNTY •FLOOD �-- _ CONTROL AND WATE�t_ coug VATION DIST go Cuiwf June 24, 1986 Maim Wfwt tae County, or District Roveraad by the DO" of Suparisars, ow now s an Fared to �vo Is ' Routing Srdocssments, and Board mottos of the motion taken so lou' claim by the Action. All Section rsfersnoes ars Board of Supsr•dsore 0~0 M bdm)p to California Government Codas given p nruant to Government Code Ssotico M3 00000m, and 915.60 tleass now all ovarnivare aalgo„t, Janet Paige ,• Cwty camw Attormsy: Jeanette K. Shipman Sterns , Smith, Walker & Grell JUN 0.4 1986 Address: 280 Utah Street San Francisco , CA 94103 Ma �=,t, $1 ,000 , 000. 00+ NH ti i W7 , rat�I�'k an 3' Date Beotived: May 28, 1986 joy mail, poetmarked an praj. v of Npervimrs lot C6jjnty Attached is a copy of the above-noted 62WA. bated: June 3 . 1986 HM DATORLDR, Mark, BY ryt�7 TKNI Comfy Came 7DS ark (Beck only one) (� This claim oompliss substantially with Sections 910 and 910.2. ( This clam* TAIlS to owply substantially with Sections 910 and 910.2, sed NO mra so notifying claimant. The Board cannot act for 15 days (Section 910.4). ( ) Qaim is not timely filed. Clerk should return claim on ground that it was filo late and send wwoT i of claimant's right.to apply for leave to present a late claim (Section 911.31. ( ) Otbars bated: By: PAY LY mirm III. VkHt Qsrk of the Board TG: Cl) County Counsel, (2) County Administrator • ( I Clain was returned as untimely with motto* to claimant (4ectim W1.3)• IT, SSD am By uanisous vote of Supervisors present (fQ This claim is reyected in rull. ( 1 Others y tauthis Is a t:ve W oorrsct copy of the 9011rdis Or6er entered minutes for this date. Dated: JUN 2 4 1986 ?fM SAT MLW, Clark, By L� a �pLy Clerk UAW= (Gov. Cods Scotian %3) &*J*ct to obtain esasptiom, IOU have only ai: (6) months fr® the &te at this motto* wd parsonlly served or deposited in the mail to file a co:rt actin an this menta. See Govwwent Cods Section 945.6. Tau MY seek the advios of an attorney c posy dwics in oorrr:ection Idth this If you want to consult an: attorn*y, you should do so immediat dy. B. nes: Mork cf the Board !0: a) County Oou ad o (2) County Adminiatratar Att&dwd are CoPiae of the above claim. Ile notified the Claimant of ae Doardes action an this claim by sailing a COPY of this docyaes:t, and a neo thereof has been tiled and @C*rssd m the 9oard1s GM of this Claim in a000rdanos with Section 29703. ( I A tarring of 61st—r*•s right to awly ibr leave.to t a late dais has mailed �� atm,t j� 186 Ct.rk, sY . OeputY 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 2. The address to which notices are to be sent i MAY �-q 1986 Jeanette K. Shipman LAW OFFICES OF [L PHARD uPERwsoR STERNS, SMITH, WALKER & GRELL a eA TA 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 JEAN I ,AN Att ey for Clh1mant 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 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 ELLIN •ttn Cr s>lvssty' son of LIRA mm wMMO Mals tht OotsZty. �istedat WMCZ !p � June 24, 1986 aovw%9d by the Board of buD+��• to you Is t�hs boating V docs®rnts, and board motiaatt the action taken on Mbar) Action. All lection rsferanoss ars Mard at sp rvisocs IT to Oalirornia Qo._ar�ant cod" given Prsuant to Ooteramsat Coda 3sotiaa 43 and 9'15.x. 116020 sots all ummuimgre. Maiasatt Esequiel G. Romero CO COMM,Y CWIiS@ AtLermsyt Jeanette K. Shipman :JUN 04 1986 Sterns , Smith, Walker & Grell Addrssst 280 Utah Street San Francisco, CA 94103 hand delivered '� I. � Ott $1 , 00.0, 000. 00+ lir daliwry to Clark m . May 78 , 1986 nate ROWVWt May 28 , 1986 NY mail, Postmarked on . erk o pe sora 151 Attached is a copy of tete above noted alis. natsdt June 3, 1986 PM SkTQL8AR, Mark, �r a YCamel IN CawK or un board or &VwvLwr* (Chock Only ane) (� fts Claim o=plia substantially With Secticas 910 end 9&0.20 - ( ) TAU Claim !AILS to oomply subetantially With Sections 910 Orad 910.29 tatd W ars so notifying claimant. The board Cannot act" for 15 days (3ectim 930.d). ( ) Maim is act timely filed. Clerk should return elaim on V%aatd that It was filed late and send wLrnin� of Claimant's rigt:t to apply for lea" to present a lata DILLS (Section 911.3). ( ) Othart natedt By: iu._ >��t c��,c�� putt ViEff coijoel III. hMs %srk of the board T0: Cl) ty Casale (2) County Adeniniatratar • ( Maim was retunitod as untimely With notice to Claimant (.Section 911.3). IT, 3D1b0 OW my w animo n vote at 01pert1mv P`ssaat (x) !dU Claim is rejected in lull. ( I Otaart s in a true W correct copy •s ao mtinLites for !itis date. C��j/ nLtedt JUN 2 ,d ,nne PHIL UTQOAR, Mark, By1�/ 6 >isput7 Rork tiulO m (poor. code Section 913) linbjeot to oertain asaeptioas, jou have Daly sis (6) wnths ftroa the data d lois echos was personally served or deposited is the mail to file a oast totian Co this alms. Coe Comm nt Cods 39otim 945.6. Tau may seek the advios or mnattoro y of yaw Choios in ous Im VIM this attar. If you tssrtt to consult an attomeY, you mhadd do so tamediately. VO YXIMS Mark at tae board 9Dt Q) Coity Ow"al, (2) Ommtty Adataistmtorr Attached are Copiae of the above Claim. We aotifisd the Claisant of the Board's action an this Claim by mailing a Copy at this doe:maat, and a Damn tharsof nos been 111ed �d mdorssd Ca tae soardf& Dopy of this Maim is aooa ftr" With 36ctioo 19TO3- A ung at "lalowi •s KIM to moly fbr Ia771ee'A Ltd Claim w mailed tR� �►' MELOR.Mark. Dw ----. Clerk " r . CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et s re: Romero v. Contra Costa CountyRECEIVED TO: Contra Costa County 8 MAY as' 188 Clerk of the Board mpm. PHIL FLT[HFIO, 651 Pine Street LcaKe 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: 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 JEAN E K. SHIPkAN Attorney for Claimant 3027-A i ♦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 ; k (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 CLAM Cr SJPWMM or CBM mu G=TTA 99� AND AS GOVERNING BOARD OF THE CONTRA .COSTA COUNTY FLOOD AM AM CONTROL AND WATE 0 S VATION DIST June 24, 2986 masa lteaitnt the County, or $is�e e� oovY ��a, oo a►en .d to L tar gAm BovMad by the Board of Supsce�s rviae flouting Endorsements, and Board notice of tae action taken an yes' !hs Action. All section reforanoes era Board of &O'dears mraws re 0101ar) to California Government Codes mend 115.`p�'a Pl �Goverment ��m 3 maisa:rts Esequiel G. Romero Attannys Jeanette K. Shipman co"COp1w Sterns , Smith, Walker & Grell Addrosss 280 Utah Street JUN U 4 1986 San Francisco , CA 941030iwl cants $1 , 000 ,000. 00+ �rHaal }i�rogi�ic m May 28, . Date 200101wdt May 28 , 1986 By mile postmarked GD WMM:-Merk of M Board Of pe s0rs 152 MZEY WRI Mob Attached is a copy of the above-aot0d olein. Dateds June 3_ _l98_6 p II. SkTORLDR, Clarke By Cat INS, Y Commal TDI CLWIC Or UM EMM Or a4WR W110MICK 11 (Chock only one) (� 2W& slain complies substantially with Sections 310 std 410.2. ( ) lhsa claim TA113 to o®ply substantially with Sections 310 and 310.2, Med N ars so notifying claimant. The Board cannot act for 15 days (Section 310.8). ( ) Maim is not timely riled. Clark should return Claim an gx" that It w riled tate and sena ramiIng of claimant's right to apply for leave to grosent a late slain (Section 911.3). ( others Dated e c, B9= �C_ L,; c c C PA y aizi try III. of Kt Clerk of the Board 701 (1) Canny Coonsele (2) Coonty Admiaisttvitar ( Main was returned w ontisely with notice to claimant (,lection 31.1.3)6 IV, NO= am By Manimous Ate of Superviscrs p�L ( !Isis claim La rejected in full. ( OCMrs osrti y that this In a true M correct copyCBoard's an aiet 14 s date. 7Miwee, Dated 1 PHMBAT'Cila,Qt, Clark, By • Clark VAttrkZ]IkC (Gov. Cods Section 413) Subject to certain excepti0ta, lou have only Bis (6) months from the date d We nonce tis Pr*wAny served Cr d0po10it0d in tin nail to rile a oourt motion as tb3s class. Soo 00versIMOnt Code S00tian 915.6. tou .ay seek the advice of an attaraay of lar abolc10 in c0nneelon vitt lois Batter. If you want to consult an attotrey• lou should db so inmediataly. To t2Qls Clerk of the Board !a: a) Coutsty CwAwle (2) Casty Administrator Attached we copses of the above claim. ire ratified the olaiaant at the Board's action an this Claim by selling a copy Cf this 600%01e0t, and a Memo thereof Ams been riled and endorsed sn tae Board's Copy Cf this Claim in 8000edance with Ssetion 29'x03. ( ) A casing Cf olalmant's Mot to apply rbc leave to sont a late alms m3 smiled DilTm: 1'Fl?I. EkiTMLM, Clerk, By SPAY Clerk fa .. 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 Cont((lrofl� District. 1. The name and post office address of the claima e CXR Esequiel G. Romero 1005 Barbara Lane RECEIVED San Pablo, CA 94806 � 2. The address to which notices are to be sent i "i ;1' `6198 6 Jeanette K. Shipman PHIL BAT H F LAW OFFICES OF r` B ARD PERvlso TA STERNS, SMITH, WALKER & GRELL Inl�_ AC . 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 /via-✓� JEAWATE 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 SRO or s ipommos cr dM wa STT• cummu AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD _ CONTROL AND WATER 0 SE VATION DIST 10 pR June 24, 1986 Clain Wr&t the Cm ft or Pis= oa+a>� b to�ts � governed b! the Board of bapwvlaa me !!ie ew" s pouting endorsements. and Board wtios of the action taken on pas' b! Action. All Section refwww" ars 11o+rd of averKsors vwvw'o rs below) to California Govw mrnt CodesLiven P"Uant to Qorerrment Cods eserine 3 and 915.10 htlaum note all miianitwe Claimants Kristina Baumgardner, a ,minor 00104 , Attcrmeys Jeanette K. Shipman JUIV X Sterns , Smith , Walker & Grell 41986 Addrsess 280 Utah Street San Francisco , CA 94103 46* sommts $1 , 000 ,000. 00+ ByH iw l raPlirk m May 28, 1986 Bate ileosivsds May 28 , 1986 by mils postmarked on . • ; ark Ef the IEOd of SupervISOM IfOs y Now Attached is a copy of the above-noted class. flateds Jun 3 - -12&L RM MT MLOP• Clark ft Pepty • i COMEY Cwnssl TDs Clark (Check only one) This claim oamplies substantially with Sections 910 std 910.2• ( This olalrs TAMS to oamply substantially with Sections 410 and 910.2• tad ma era so notifying claimant. The Board cannot act for 15 drys (Section 9110.8). ( ) Maim is not timely filed. Clerk should return claim on ground that it ran riled late and send Wrnirni�g of claimant's right to apply for leave to present a lata Main (Section 911.3). ( ) Others ;wteds �. 1 ayi `-<_- putt ty Ll III. IM: C;wk of the Board TOs Q) 'Mty Comma, (2) County Administrator • ( Maim was retarned as entiaely with notioe to claimant (Seetion 931.3). IY. �>m QIhUBt By w9mimous vote of 8nnpsrvisors prsssmt (XI Thio claim is rejected in f1uo ( ) Others 11 oerK.i y thethis Is a true ocrsyet oopyc� Smrdfa is bn f�'1� date• ;.:. mateds Nn &%Tt Mg Clarke By lfeptlt�-Ci�rk VAMM (Gov. Coda section 7+3) Abject to osrtain ssaeptiomae you have only Lis (6) scathe rl= w data d tilts wtloe res personally served or deposited in the tail to rile a Dart notion oo tan;Alain• ase Govassmt Code Seoticn 915.6.. Tbu say seek the &Moe of an attorney or Vow ohoics in camwction 11th this matt!• If you rant to Dcamat an attorney• you should do ar ismediately. 1• bubas: Cork of the Board IN Q) Caoty Oosme 9 (2) emmty Administrator lttaidad are capias of the above alms. Ile notified the olaima:nt at the 0oard•s action on this 01913 by sailing a Dopy b this doc mit rand a swo thereof bas been filed MA d sndarsod m the Board's eopy of this Claim in a000rdanoe with asrtion 24703. ( ) A "Ming of clam r+•s runt to apply ftr leave t a late dais las sailed ��7Ms JI 3 Q 9g,,,_ •6,,,_,IiIII, UMMOt Marks By %�� psp:sty 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 claiman is: (� Kristina Baumgardner, a minor y 1�Ck 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( a' Jeanette K. Shipman OR LAW OFFICES OF Nu ARD D cNe�pf CIER F pERV!50R 1 STERNS, SMITH, WALKER & GRELL a rA 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 /Yhty� JEANETT K. SHIPMAWJ 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 ; 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 ; s ( 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 CLLIN wpgmjm or Q mu M-M-j GKllOaiA — s_ Maim Again the �tY. a. Dist�et pnQ 1C Q1DY1R June 24, 1986 goveiaed by the Board of SuperviacrS, Ilse am s ocman b to L tar clouting Endorsements. and Board wtios of the action taken on low o ase by ass Action. All Section refs ww" are Board at snVarvisors (Par %ffi We WIa). to California Oovanmesnt Godes O d Itsx??Van PzVuent loan mt vape Goveemment cob o 193 ClaiSants Kristina Baumgardner, a. minor County V011r01% Att=mM, Jeanette K. Shipman JUN 0 4 1986 Sterns , Smith, Walker & Grell Addrees: 280 Utah Street MIS ' San Francisco, CA 94103 hand delivered its $1, 000, 000. 00+ By dsliwr7 to clerk an _ May 28, 1986 fete Beodwd: May 28, 198 6 By Sailo postmarked an . erk of the FoOd o pe TDI URY Attaehed is a copy of the above-noted Clara. Dated: June 3, 1986 p, B&TOELDR, Mark. By 069a rng= y : k Or the Board Of 34iilw"� (Check only one) (� fts claim complies substantially with Sections 910 and 910.2. ( ) lbis claim FAILS to omply substantially with Sections 910 and 910.29 avid na ora so notifying claimant. The Board oannot act for 15 days (Section 91O.d). ( ) Maim is not timely tiled. Clerk should return claim m graced that it was tiled late and send :ramie of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others Dated: 17 BYPI) U&A-27putt ty cownsel III. nMi Clerk of the Board 10: Cl) CoMty CmrMl, (2) County Administrator • ( ) Mata was returned as crossly with ootioe to claimant (section 911.3). IT, Mw GlmlR By mardww vote of supervisors pwaat OO 2WO claim is rejected in till. ( ) Otbers Y that this Is a tree and correct copy _ 'a order en is msnittes2tpr9t8h6is date.N= BA OELOA, Mork, By . Deputy Mo k Meds JUUfNV 4411 UAW= (Gov. Gods Ssctim 913) MJOOt to 001etain esaeptiocat fou bave Only sis (6) months tram the date at ads aotioe w personally served or deposited in the mail to rile a court concis m this alms►. See Goverment Code section 915.6. You may seek the advice of On attornsY of porr Ohoios in oonr►setim Vdth ads cotter. It You want to consult an att"N"Y. Y should do se Immediately. 2. nom: Clark at the Board sus CO OvratY 00=11e1. (2) count, AdainistMtCr Attached are copies of the above claim. We notified the Cement of the Board's action an this claim by Selling a COPY of this doe:amt, and a ssmo thereof has been filed and aedawsed on the Board's Copy of this Claim in a000danoe with Sevum 29703. ( I A V rTdng cc Glemen•'a runt to "7 ftr leave t a late claim w mailed kTID:JUN�14A� lm anamdR. mwk0 Deputy Clerk 7 1 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABL E IEF Government Code, Section 910, et se ' re: Baumgardner v. Contra Costa County ]RECEIVED + MAYdF 1986 TO: Contra Costa County 1;00 P.M Clerk of the BoardPHIL BATCHE102 651 Pine Street 1Ez+'e PnoFs 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: 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 ppm cr wmm1oRS Cr CMK mm ww"• wMa AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD _ CONTROL AND WATER� CO SE VATION DIST 20 QjINW June 24, 1986 Gail wrwt the County. ar �iatrlet governed by the so" of axperviaa'a• s ed to Is yar Routing sndw"saw nta. cad Board cotioCC the actian taken CC your a cis Oy of Action. All section r eferenoss we Board of 94wviaort (ParOW"010 I7. babe)• to California Government modes given p:rsuant to Qoear:ment Code Ssotian 13 cod 415.4. slaw note all awamirse. Clalwots Keith Baumgardner Couy Coonsm Attorneys Jeanette K. Shipman JUN.Q 4 1986 Sterns , Smith, Walker & Grell Address: 280 Utah Street San Francisco , CA 94103 H��n,dd deli r d Anmmts $1 ,000 , 000. 00+ �allvsry eilerk m May 28, 1986 rail an nate ssosd tad: May 28 , 1986 b3' • postmarked . er of 3uperviWS s casity ciraz Attached is a COPY of the aDova-s:oted osaia. Oatsds .June 3 . 198E EM EATQCUM• Clark. By IXN: y i e k*wev�q of (Check only one) (x) Ibis claim Complies wdetantially mita Sections 410 and 90.2. ( ) Ibis Clare !'AIS to =ply substantially with Sections 410 and 410.2• and we am so notifying claimant. The Board ow mt act for 15 days (Section 410.e). ( ) Claim is not timely filed. Clerk should return claim on CNWA that it was tiled late and send rrarzsi of Claimant's right to apply for leave to present a lata claim (Section 411.31. Otha+"s batads �•F� - syn c r puLY CaFty bRiga III. VAI*: gerk of the board I0: Q) Camty Counsel. (2) County Administrator • ( ) Gain was rwtw wd as mtisely with wtioe to Claimant (Ssation M1.3). I9. 30M Gi1'ODt BY w animous vote Cr .%Pw-dw m yratant. ( 2wa Claim Is rejected in 11i11. ( ) Others Datede•�u�`�Csrti yASSgeva s s a true Correct copy f the •a efl l4 i s "M UMMM,, Clark. Wy+ �C'•�Q�L� � • 90D*7 Mork VAMM (Gov. Dods Swoticn 413) SubJect to oartain smoeptions, you have only adz (6) so:ths rho taw data as this notice was psa'sonally sarvad or deposited in the nail to fila a ocurt action ao tela elate. naw GOTW=mt Code SsOtias 445.6. Tou hay task the advice Cr an attarmy or yaw Choice in Calm Son with tela natter. If you want to Consult an att wy. you sh dd do so L®ediately. t. 101, Clark of the board SD= Q) Caxnty Comm, (2) *=ty Administratar Attadad are Copies of the above auto. We 00t1fied the Claimant or the boardea action CM this Claim by calling a COPY of this doCvment. ane a �o thereof has Oben filed and endarssd as the Board's Dopy of this Claim in a000rdanoe with Section 24703• ( I A warning of elAbian •s rift to amply for laays R'asaat a fats dais was nailed _ b►TID:�J X386 ML aiTOMLOR s Clark. ByI'e . Deputy Mer* 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 D- 1986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street HE OR ARO PERVISOR ARD San Francisco, CA 94103 e 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 JEANETTESHIPMAN 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 ; 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 Rrf or mvmmaw R io '1RA mn MMM-2 �R1 Main wont the amoty, or OistrIct yonez to Ci11lf W June 24, 1986 Bove: by wa Board of awpariscra• go OW s ocumen b is "ar pouting DOorsements a cad Road motive of the aetim taken m lar Alata 14 No Action. All section refarerioes ars Board of Supervisors VOYINV O IT* 6m)# to Califortsia Gooarrmmnt Codes given pursuant to Goverment Cods Scotism 113 and 915"40 flew note all si laraiwe ClaisaDtt Keith V. Baumgardner cou* Counsel Attormsyt Jeanette K. Shipman JUN 0.41986 Sterns , Smith, Walker & Grell Address: 280 Utah Street *mna h&" San Francisco, CA 94103 hand delivered Ott $1, 060, 000. 00+ By dellwr'y to clerk on _ May 28 , 1986 Mate Beosived: May 28 , 1986 1y sail; Oostmorked on . --Clark of SuPeFROO-l"n 158 ORRY Attached is a copy of the abovo-Doted oiaia Mtsdt June 3, 1986 PM BkTOMAlt, Mark, Bl► wm : y : Qdrk-W the CC (Clack only one) (� TUs claim oamplieo substantially with Sections 910 ted 9L0.2. ( ) leis Claim TAIIS to ocmply substantially with Sections 910 and 910.2. VIA rs sere so notifying claimant. The Board oanaot act for 15 days (Section 910.0. ( ) Claim is not timely filed. Clerk should return Claim on groxA that it was filed late and send wwming of claimant's right to apply for leave to present a late claim (Section 911.3). ( I Otba't Osted: By: DOputy Comty Cowmi Iii. PIM: Clerk of the Board lot (0 d6 mty Comsel, (2) Coonty A&drdstratce' 0 ( ) main was retwned as mtisely with aotiee to claimant (leetim 911.3). IV. mm 0101 By mardam s vote of Supervisors present (x) lois claim is rejected in full. ( ) Ower, earn yyUa' s s a neve oorr'set OM of the Board's en is ase �s date. r��, � Detedt 'yt�u PMBl1TQM.OR, Clark, RyOff`" . OepnAy Ciarit IIA?GiDIC (OOT. cods Scotian 913) Subject to certain G=eptions, you bays oaiy si: (6) months !fn the date or this Lotioe Mas perscnally aerved or deposited in the nail to file a court sotioea = this alasa. ase Government Code Sconce 915.6, ltou sty seek the advice of an attonwy of Imr ehoios in convection 111th this Latter. If you Ment to Consult an attorvrY, 704 should do no immediately. .. Y"8 Qerk of tee Board 7G: a) ftEty OPON01, (2) cont, Adminiatrator Attached we espies of the above claim* we tmtified the claimant at the Board's action an this claim by mailing a OW Cf this document, and a memo thereof ba, been filed and endorsed On the Board's copy of this Clain tD t000e'darwe with Section 2970310 ( ) A u,RMInngg of claimsnt•a plelt to apply ibr leaves tom/ t a late dials teas mailed D4�Ito Al J V �6 1-1 B►TO�ffi s Cterk, ft <</ Deputy Clerk u . • \ ( of 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 ["AY a8' 1986 Clerk of the Board 1;00 (>.M - 651 ;ppP,M .651 Pine Street ERKjHILBATCHUOR ISORS Room 106 R c INDCO Deputy 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. May 27, 1986 JEANETTE K. SHIPMAN Attorney for 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 ; M (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 fetyeltQ7m Cr CWK ODM om rfi• MMM AND AS GOVERNING BOARD OF THE CONTRA .CQSTA COUNTY FLOOD _ CONTROL AND WATE0 Sg VATION DIST claim WrSst the �ty, or ;1Aiffia w Q.� June 24, 1986 governed by the board of Snperviscrs, Tia copy s do"Mr, muled toyW 11oAing Srdorse0=t4Pj arsd Daard notice cc,the action taken on loco' alms try tat Action. All Rection nfarenoes ars Board of Supervisors cpw%gr ph ve 6") to Califands Government Codween een ptrsuant to Goves"bant code Scotia* !�3 and X5.4• Please note all wNwIn1 psItoonty Counsel Claisaats Tommy Westbrook, a minor. •ttarnat Jeanette K. Shipman JUN 04 1986 Sterns , Smith, Walker & Grell � Address: 280 Utah Street San Francisco , CA 94103 ! Almints $1 , 000 ,000. 00+ �H i l raPi:rk ep May 28, 1986 tate Deoaivsdt May 28 , 1986 �' atil• ooetsarlosd an ark of the Board of Sipervimm lot May Attached is a copy of the above-noted claise tatedt � June 3 _ 198 HM DAT MLM. Clerk, By, �� . s Minty : er (Check only one) ( I This claim complies substantially with ReeticM 110 sed 910.2. ( ) This claim TAILS to *amply substantially with Sections 110 ted 90.29 seed ws are so notifying claimant. The Board owwt act for 15 days (Section 910.0). ( ) Maim is not timely filed. Clerk should return claim on wound that it was tl.led late and send warmng of claimant's riet to apply for leave to present a late claim (Section 91.1.3). ( ) others Octad: �-; �'� - - :f Dye _ �� ._'_ c.�c.c.cic�ic Q_._� DePAY County III. >11Klks Clerk of the Board TDs Cl) Cowty Cocs=eel, (2) Cowty Administrator ( ]) Clais was returned u >xstisely with MUM to claimant (Section 93.1.3). IY. S Gkmsx By unanimous vote of Supervisors prwnt ( This claim is rejected in :till. ( ) Otatrs NEW Ow'tify—Via-ts In a leve M owrset copy or �o •a en Dated JUN PT 1nutas f nommmm"NEEMI'm ScOMLOR 0 Clerk. By � �'�/ • DeDit1 Clark WIVM (Gave cede Section 913) Subsea er to Ctain esoeptas io , you ba" only six (6) .oaths free the date or this Lotice wan pe6wAlly served or deposited in the La11 to tits a coat notice cc this *leis. $ae Government Code Rection 945.6. You say seek the advice of an attorney of Mr choice in oonnecation Idth this Latter. it you tiant to OMMAt an attoevey, you should do so i®ediately. •. llMs Clerk of the Board ID= a) *asst, counsel, (2) count, Administrator Attached are copies of the above clotL. we notified the clainnt 0t the Board's action Ca this Claim by Lalling a Copy of this aodoojmt, and a servo thereof hes been tiled and dorsed on the Doard?s Copy Of this Claim 'in a000rda:toe with Section 29703. ( ) A warsing of nllisntwe rigbt to awy for leava'stune � t • Isle *leis Bas sailed DATED: JUN q 0 1486 P, UTOMLOR, Clerk,,Sir Deputy Clerk v 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 l! San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent s: 4� Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL HILBAVPSUPE!RVISORsn OR 280 Utah Street C K ARD TRASan Francisco, CA 94103 B ...... ....• .. . •. ,D. 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 7 JEANETTE K. SHIPMA Attorney for Claimant 3016-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 ; 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 ; Y ( 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 �. Clain Dounty� bistriet (I• !0 Q,LDg1R June 24, 2986 governed by the Sm" Ot Superdsarss ow W" or two fteumant Mailed to you to Pur Aovtinj Endorsement&, and Board Codas Or the action taken an Tour &noes b2 the Action. All Ssetim rerere m are Board of wds Verasrso� L Cods O bol o)v to California Govern wt codes _11Biwa pswuarat Gov ane 94s.4• !!Cass note all aitesiad'. Claisant: Tommy Westbrook, a minor,. co"cuise) 6ttaew7l Jeanette K. $bipman JUN 04 1986 Sterns , Smith, Walker & Grell4? CA 280 Utah Street 4ftnPAW San Francisco, CA 94103 hand delivered *.. . Aaoants $1, 000,000 . 00+ By 6&Uvw7 to clerk an _ May 28. 1986 tate IlsoaivWj May 28 , 1986 By ae119 poataarked an erSEWO of 19pe"Imm lot ORRY Maim Att&cW is a copy of the &boys-noted 41als. " Dateds June 3, 1986 "M atTOOLM, Clark, DY Nam: Y counsal Vs CldrkLW Ube (Check only one) (X) juts claim oamplies substantially with Sections 910 aesd 930.2. ( ) TWs claim TABS to ocmply substantially sdth Sections 910 orad 930.29 and as ars so notifying claimant. The Board ovusot act far 15 days (Sectlm 93094). ( ) Mods is not timely tiled. Clerk should return claim on gmxrA that it Mas filed late and send warning of olaimantos ri�,t to apply for !sayer to present a atter claim (Section 911.3). ( ) Otbars noted: By: Deputy MEWY mwiz III. >f Mt ;Clerk of the Board 101 (1) Count? Causal, (2) Canty Administrator ( ) Clain Mas returned as wntLsely with notioe to claimant (Section 931.!). I9, 30M Gil= BY owdsouis vote of Superdsors percent O !tats Claim is rejected in faa11. ( ) Ours oartify-that this Is a true andoorerct copy the 's an is sdnuRss for s date. Bated: JUN 2 4 1956 Nn BA4l'IffiDR, Clerk. By . V&pAy Clark am= (Gore Clods >l CUM 93;) DAJsat to osriain Moptionso rou nays MAY vis (6) Watt» tr m the date at tale notice wan peawnally sal-red or deposited in the 'nail to file a Dart sotim oo this a3afa. Ise Goysrmmt Code Ssotim 945.6. Tau nay seek the advice of an atteeray of hoar CAoios in oornectim ndth this If !ou Moat to oonasult sn atioe�ney• �eu's?aeaald do so ismediataly, v. ncm, Clark of the Board 7Ds Cl) Canty Ooasasel, (2) Ownty Awastrster AttadW ars copies of the above Claim. ile aotifierd the edemant CC the Board's action an this claim by selling a copy of this "aentq and a Ono thereof bas bean tiled and W*rssd m the Board's copy of this Claim In a000rdarsoe with Section 297039 ( ) A Mto Bnwiroairagar�of Ciaiaantfs rit. ght to gWy ftr laays t a late alms w sailed kTml SUN 1 n 1209 PM S►TUFDR, Mark,, O7 Deputy QeTk i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et se It p� re: Westbrook v. Contra Costa County RECEIVED TO: Contra Costa County MAYO? 1380 Clerk of the Board I;DOP.M. 651 Pine Street °M11°t'Tc"``O" - tezr.8 Room 106 c •r e,coct. _ ' 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: 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 JEANEITt K. SHIP Attorney for Claimant 3016-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 ; ( 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. 5 am AND AS GOVERNING BOARD OF THE CONTRA .CQSTA COUNTYFLOOD CONTROL-ANIDS WATE; CC�0I�S VATION DIST it � June 24, 1986 Claim A�tnst the County. or Di9VAW governed by the Board Of 19upar.i.ara. so calf , do"Mt muled to ra as P' clouting wdorsements, and Board goose of Itbe action taken on lar Olata 1w tirs Action. All Section rafarwam are Board at Averviscre (paraBr 0 IT WOW) to wiraffda Gowleent Owes gteaa purr hint to Goverment Code 3setiaa in MEMOMWand 9i X Macao note all RkarnbAw e malment: Randi Westbrook.,a minor- r•OfNi(y c88, Attamsy: Jeanette K. Shipman JUN 0 4 1986 Sterns , Smith., Walker & Grell Address: 280 Utah Street .880, P�� San Francisco , CA 94103 and � mmt: $1 , 000 , 000. 00+ �tH on1i d�ar�};�r�lie'It an May 28, 1986 Set* 3e0e1vs6: May 28, 1986 S9 Milt 0ostoafted an erkU the Board o pe sora wt couinty aia� NOW Attached is a copy of the abors-noted olaia. ,. Dated: �June 3 . 198K—RM BATOMM. Ciee'k. By Pd7 . : y Counsel TD: Mark (Check only ane) GO lois claim o®plies sub9tantially With aecttiona 910 srd 910.2. ( I This claim ?A= to ocmply substantially with Sections 910 and 910.29 and ra an so notifying claimant. =be Board oannot act for 15 days (.Section 910.4). ( ) Male is not timely tiled. Clark should return elaim on Potad that it was tiled laic and lend varraiof claimant'• richt to apply tar leave to present a late claim (Section 911.3). ( ) Otaar: bated: By: V L-C- � u_-c-«-.c ry Deputy CREW III. tai: Clerk of the Board 70: Cl) County Counsel. (2) County Administrator ( ) Clain was returned as untimely with aot1ae to claimant (Section 911.3). V* Mw O1t0lA BY unar4ww Ate of 3uperviaors present (x) lAia claim is rejected in tall. ( ) Otaer: y the We in a true im oorreot oopy theluRfs &4wr eo mdrrutes for this date. hated: JUN 2 4 i2ng hm. wm. Clark, By . 96DIty Mork VAMM (Gov. Code Ssatian 913) subject to oartaia evoeptiaos. You have only six (6) sontba tram the date at tars acti0e res personally served or deposited in the nail to file a oart aotian cc this claim. See Government Code 30OUGM "5.6. Ton may seek the advice of an attorssy at Ivor aboioa in oors:sctim idtb this Lwtter. It you rant to 00esult an att*Mny• yvu should do so Immediately. •. PM: Clerk of tae Board 'm: a) QPMty Omwel. (2) Casaty Adainistrator Attadwd are copies Of the above claim. We aotitied the alaisent at the Board's action an this claim by sailing a copy of this doeumt, and a ammo thereof has bean !ilea and codaraed an the Board's copy of this Claim is aooadarae with 3e1ctim MOO ( ) A earning of claimant's right to apply rer lea 7XWA-'�'� SOPAY t a late algia was malleo ft?ml , J86 !M RATOMOMj Mork,, By . Clerk 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 909 Randy Lane San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is: Jeanette K. Shipman 1"ifly 1986 LAW OFFICES OF �Hu R i EIOR STERNS, SMITH, WALKER & GRELL �« o 0 S�AERV 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 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 NET TE K. IPMAN 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 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 Y . or ts or � � aDOMrsz� �onm_ Io CL —MM June 24, 1986 C1� 1rinst tat county, Cr bietrist �-��eu�es�ta�1MS It* Is P' The s las goveraed by the Bow ~ mottoet the aatioa taksa m Imr � floating ad &VO- isors !�"araVm* ITB !slaw)�+ Action. All Ssetion refer w" ars B� to Government gods SeWan !a3 U Ca2ifornis Goverstaent Codas a P040 pt and S.R. pieass mote all "ii'arnitiM ClaimantsRandi Westbrook, a minor �1 ♦ttorWy: Jeanette K. Shipman JUN 0 4 1986 Sterns , Smith, Walker & Grell *'�N ♦ddrasss 280 Utah Street hand delivered San Francisco, CA 94103 dsli�7 to ajWk an May28 , 1986 Amounts $1, 000,000 . 00+ By0. geoaived: May 28, 1986 By mix PON~ an o pe sots : Y • lttadbed is a COPY of the abovf-Wt*d slain* . Bateds June 3, 1986 pM BATOOLCM, CiarkI BY 'y lot C1641V the IBM if '�—• � {Check anly on*) Ibis Claim piles subetantially with Sections 910 mad IRo.2* so notifyingm&nt, Thheto omply substantially �'e ti�L acthf�5dadayss (secttsoon IIAO Old AO•9 Old ns asps late and scene wwaarKliiang of oleamaannt►s riot to apply for lleavOn Peeto �pc�t a utt Was as W claim (Section 91.1.3). ? Ott er: btteds By: c1 ti c c�c C i�`�C.c ABLY ty CONMI 3n. : gerk of the Board ID: Cl) County Counsel (2) County ldmimistratar i ? Claim vas returned as untimely with mottos to Claimant DeCtioo 91].93)• 111. 3DAIm o By unanimous Ata of 9upervisor's peasant ()() Isis claim is rejected in ruin.!. ( T"owiMf) Otbar: E y the s Is a true oorrect aMwin INIA minutes2 this date. Dated: JUN 4 3 rem. BA'1OEAR, Clerk, BY • Ds?,+Ay perk VAN= (Gov. Code Slsction 913) Subject to oartatn exceptions, you have Only six (6) months f Vw the date a[ Reis motto* was p wnally served or deposited in the mail to file a Court aotiao ora Rats algia. Os GOvarment Code 9eation 945.6. Tau My seek the advios Cf an att VOY Cf YOW &DIC( im oonrtoo ritb Rail aattsr. If_you want to oonrrult ena� ttar�yt you should do so iwediat4lr. T. tlM t Clerk of the Board IN Cl) County Cognsel r (2) O=tY 11W51.0tMtor tttadad .are Copia+ of the abate Claim. Ve motified the Claimant of the Board's action an this Class by Sailing a Capt of this doouimt, sad a mwo thereof bas been filed Ond andorsed m the Board's Copy Cd this Claim in accordance with 9sation !9'(03• ( ) 9 =rDinagp of alaiaant's Plot to apply fbr leave t a Into dAds was mailed to DATEDS JUW3 0 IUbb IML SCOMMM I Clerks By arty Clerk � J CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Westbrook v. Contra Costa County RECE!V. TO: Contra Costa County WoT 1980 .Clerk of the Board 1;00Q M. 651 Pine Street PHILI&ATCHR01 IERK AP�i Of SUPE°•;;-,-•- Room 106 7Rh COS Ew ... .. -?... 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. 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 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 JEANWYE K. SH T Attor ey for Cla ant 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 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 ; M 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 ELM AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY .-FLOOD CONTROL AND WATE 0 S NATION DIST C1aL net �ty, or AKk !0 0[1II1A1f! June 24, 1986 Iovesned by the Board of aspervisors, fte am s document mulea t0L Car flouting trdorsementa, and Board aotios of the action taken an yes' a �vn B7 las Otton. All Section refarenoes are Board of Supervise" iPara�epts re bolas), to California_0o.arnment 00688 dean prsuant to Gover cwt Code BOW= %3 rod 9150L Haase now all ovamdWe C2a19wrts Wvin Westbrook, a minor" county counSpJ dttaaffs Jeanette K. Shipman Sterns , Smith , Walker & Grell JUN O 4 1986 Bddrreas: 280 Utah Street San Francisco , CA 9410304 � CA 94% a;ts $1,000 , 000. 00+ �Hi de ijjr�c� an May 28, 1986 AnotDate 2e0011ve6: May 28 , 1986 7by ■ail, Postmarked &n yXM.�Merk R the NiOd of XpRr-TISCM 151 cainty muirla attached is a copy of the above-DOW oSsia• 0 (�A natede June 3. 198_6 1'hM SIITOELOl1, Mark, Rr FACM8 Comty s Mark (Check only ane) (� 2ws claim oompiies W49tantiauy with Sections 110 aid 310.2. ( ) We claim TAILS to oamply substantially with Sections ¢t0 end 910.29 and era ah so notifying claimant. The Board cannot act for 15 days (Section g109B). ( ) Maim is not timely tiled. Clerk should return claim an pvaasd that it was filed late and send warning of claimant's ri&t to apply for leave to present a late aloin (.Section 911,3)• ( ) Othars Dated: '.tit a__ -/7-7r, Bye ty MUM III. s C18rk of the Board 20s Cl) Casty Cmizal, (2) Canty administrator ( ) Clain res returned as Untimely with notice to erlaimant (,Section X1.3)• I9. BDA �Bl; BIY wanimous Ate of 9upard"re present (� 74111 alms Is rotated in full* ( ) Others cacti f the s s a true correct copy entered JABS— Dated: JUN 2 4 12AS PfM BA OMLOR, Mark. 4y+ Q . Dspoty Clerk VAN= Oboe coda Section 313) 9AJ**t to certain esoePtiaa, You Lave only aim (6) aonthe from the date d We rotioe res Darsonally served or deposited in the axil to file a cart action an talo alala• Sse Government Code Sactiao 915.6. !ou nay seek the advice of an ettcemsy of par &!sola in o0eaeetice Mitt thls aatt.e a It yew rant to consult an attorteY, 7VU ehatld do so immediately. 7. nems Mark of thea Board Is (1) *PXty ORM99 (2) Oasnty administrator attadwd are Copies of the above claim. ire notified the olaisant of the Sardis action on We claim by sailing a Dopy of this docawt, and a ammo thereof W Oven tiled and endorsed an the Board's Copy &f tag Claim&jz in a000rdanoe with Section :9703. ( I a Morning of alaiaant•s right to &my floc � lean toW�Wmwt a late algia was &riled BMTmsJUN 3 01986 per, BKl'Q1 LMs Clark, my I `�/� DIPAY Clerk h 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 909 Randy Lane San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is �:��+v �ga6 Jeanette K. Shipman LAW OFFICES OF IL STERNS SMITH WALKER & GRELL AR cN OR fl ARD RVSOIA 280 Utah Street V T 5' 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. SHIPk4kN 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 ; 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 man pT xmVI sw or dM f14d'iA ODf Bel -a WLIRNRI6 Claim Laairwt the Dainty, Cr bistriCt VMC6 VOCL June 24, 1986 tovwved by the Bard of Suparvisars, rM aapy CC tMIN GDOAMT MILOG tC Boutin; wadoe•semersts, and Board notice of the action taken oo dot=* a ass 1? us Action. All Section referenoae are Board at 'O+rdecn Q'at +apb ITS Mlaw) to California Goverreent Codes given pa•rueast to Government Cob got �3 and 1115646 rlas" note all I'Va" laOre. p,alsoutr Kevin Westbrook.., a minor. C01>sllY CON" Attarnsyr Jeanette K. Shipman JUN U 41986 Sterns , Smith, Walker & Grell Sddraut 280 Utah Street San Francisco, CA 94103 hand delivered its $1 , 000, 000. 00+ By delivery to Clark an May 28, 1986 nate *sosivads May 28, 1986 BY nail, poataarked an er of Npervisom 701 Y Attached is a copy of the above-noted alma. Dated: June 3, 1986 1'M BiTOZ=, Clark, By • = -County Counsel (Check only one) (�(} !lits Claim complies subetantiallJ with Sections gi0 and 110.2. • ( I !his Claim !AILS to oceply substantially with Sections gi0 and gt0.29 and we an so notifying claimant. The Board Cannot act for 15 days (section gl0«a). I Main is not timely filed. Clerk ahMad• return Claim an pwaab that it Was flied late and send warmrsg of claim ntrs right to apply for leave to presant a late Claim (Section 511.3). ( ) Otters 11atedi �. c-:�4��1�� putt tY III. !ACK: .Clerk ad the Board lot Cl) CCunty Cotsssele (2) County tdmintstratar • ( ) main was roturasd as ts:tiselY with notice to Claimant (.Section 811.3). I9. Bun am my uunimous vote at Supervisor weeent ( () IActa Claim is rejected in fgll. ( ) Others h this I as �Y . s rites a true Correct QCPY ft"'S en is anted: �4 OR !ASIC bk?D O,C P 9 Clerk, . b•Any Clerk subject to certain M*ptto� YOU be"��im(6) months tuna the dao at lMe notice uss personally served or deposited In the sail to file a Court action CC tMs •►lass. nee Ccverceent Code Section "5.6. . You MY Seek the advice of an attarasy of low 410106 in Connection rith this :attar. $f !ce Mnt to ocnault an attorney, 7r Should do so ismediatelY. 7. M' Clark at the Board IDI CO CbtsstY Oatswl, (2) County Administrator Attached are Copied of the tabowe claim. We notified the alaim t of the W*Mls action an this Claim bq nailing a Copy of this document, and a sumo thereof hu been filed Ind endorood on the Beard's COPY of this Claire In aCarrdanoe with Seation 29703• ( I t ukr•ning of Cialwatts right to apply ftr leave t a late Clain saes sailed M�s� 14RR •_SIL KTM=s Clark, By • 42�.._ , �_ .. B•PAY Clerk ( CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND ITTY E �tELIEF Government Code, Section 910, et s q RECEIVED re: Westbrook v. Contra Costa County �+ MAY>8 i98n t :no RM TO: Contra Costa County PHIL 6/.TCHeica Clerk of the Board «^K e 1)OF sur; 1174 JT hCJSTA 651 Pine Street �° 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 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 Mals W?Wt the Cloudy, or � %Mega !0 CLAIMM' June 24, 1986 Bove: by the Board of Supervisors, so dopy Osr uus o cunw mesad !o !s Par Routing &4orsa wts, and Board adios at the action taken an Your 02 "Is Action. All section referanoes on 20" C Supervisors para mb re balm) to California Government codes given pursuant to Government Code Saotim , 3ry i and 945.4. noose not. all sitarnies�'. Claimants Joyce Romero .. lN a 4 1986 Attarmys Jeanette K. Shipman �. Sterns , Smith, Walker & Grell Address: 280 Utah Street San Francisco, CA 94103 hand delivered. .' Amounts $1 , 060,000 . 00+ By delivery to Clark an _May 28-,- 1986 !Date Beceived, May 28 , 1986 By mail; posLmarlad an -Clerk of SUVerVIDWS : County MAW Attacbed is a copy of the above-noted clals SeteQs June 3, 1986 P13L BATCHELOR, Clark, IV : y counsil TDt GlOrt-Ar t-Pw- Do" CC (Check only ane) (� Ibis claim complies substantially with Sections 910 and 910.2. ( Ibis claim FAnJ to oomply substantially with Sections 910 and M0.20 and we are so notifying claimant, The Board cannot act for 15 days 4Ssction 940.$). Claim is not timely filed. clerk should return alms on g*arA that it Mas "I late and send wrarni of claimant's riot to apply for leave to present a lata claim (Section 911,31. C ) Others Gated: ;cQ i 9Y: - _: .�. �c�� DOPAY countywu3ii III. NMs Clerk of the Board IDs Cl) County Counsel, (2) County Administrator Clain ns returned a, untimely with notioe to Claimant (ftation 921.3). my snanimcua vote of super-doors prom (X) This Claim is rejected in f Ue ( ) Osborn 0—w--u— 7—that thi s Is a true Correct Copy eoard�s Order on ai fw this date. Oath: 1. 86 hon. BATORELOP Clark, ByDeputy Clark iuutx M (Gov. Code Saotion 913) SubJeat to OWOWa esaeptimme You bass Only si: (6) sonthe from the dlate or tons wtice was Personally served or deposited in the axil to file a Court action as thza alais. dee GOTSIT meat Code Seatian "5.6. You say seek the advice of an att mey at par Chcioa in omrwtion ritb this utter, If you want to omrdt an attorney, you shmad do so immediately. T. his Clark Cf the Soar! !Ds CO county Counsels (2) County Administrator Attad ad an Copies of the above Claim, We actified the Claimant at the Soardta aetion on this claim by welling a oc" of this documents and a memo thereof lugs been filed and andorsed on the Board's Copy Of this C1ais in a000rdanoe with Seaticn 19703. ( ) A wwaing Cf Clain• •s riiht to ep'ply foc leavet a late alms law sailed � ,IU��n 14AR !IBL StTaHEoR Clerk r Q-��i' Oepusty Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND Government Code, Section 910, et se . RECEIVED re: Romero v. Contra Costa County MAY�9' 1986 + I:OoP.M . TO: Contra Costa County PHIL 1*.nn :Eca .. tE'nK P.( H1 T ELC2': Clerk of the Board c . o ,..,. 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 JEANtTTE 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 r z . I OF �+gryl.S�ts tv dm �d'tl COOtR'i. dt a i �+ SCM pain uinot the C"ityr or bistriet CS !M QUI*! June 24, 1986 governed b9 the Bo+rd of ,Superviaora, �a ,..IYlyd to °_is »' stooling k to• sad Board Ward or ve Nature �ti IT ba)! #fir Action. 1111 'Section referseaae ars Ward at want to oover�t Coda isMOR iL3 to call rorTd a povarrmtnt Cada � %5�4* now Cots all wwarn1w e QaSsantt Tamara Nishimura , a -minor �,,,,ty c j AtUx4wyt Jeanette K. Shipman 41986 Sterns, Smith, Walker & Grell Addt'aaat 280 Utah San Francisco, CA 94103 hand delivered J:A Sit= $1, 0601000. 00+ sty &I very to clerk an May 28 , 1986 •- )laLt Xa0 "ag May 28, 1986 'y ■til; two an I* ar Board or baowrs s County • ittaohed is a copy of the above-noted aims• natad: June 3_ 1986 pM t1ATOMA• Clarks 21V 17 ec_ Qdrk or tat 30" : y (Check only ant) 00 This Claim complies subetant1all7 With Sections 910 W d 910.2. { } so ttotirying�seam The Board owmt act oply substantially with ur 15 days (SWtiaD IM0.� w � t It WX nlAd ( } lateClai19 not and sendtimely namA filed.of claimant's rriight to apply for leave td return Claim = o �P% oSent Jato claim (,Section 91.1.3). t } Other: Oatad t Wim try: ` C J�1 �.�c,c �_.., pY h 7SI. tftMt Clark of the Board IN CO C6UMtY Co ss d (2) County Ado+inistrator t 3 Main Was returned as untimely With notioetC olsimsnt (Saatio4 IU*3). 2Y. MM cont By unanimous Vote of x3pernisors prasant to ewe Claim is rejected in !till. ( } Others s s a trot im torrent oapyor U10 boar" Order ante a w1mites tar two state. batedt JUN 2 4 19RC __ 1"= BATCFd'1.t1A, Mark. 119 i'1irz 1 . ifaP r Clark MAMM (Oov. Coda section 9a3) subject to oertain esoeptiens, YOU liavf aalS ai: (6) Wnths !rola the date ar this notice Was psrgwtll7 served or deposited to the' nail to file a tlourt Canon an t le Canis. sae Goverrawnt Cafe Station "5.6. Tau Nay seek the advice of an atto"Y or MV oh010t8in oorsyactiatt tritb tAts Natter. If !w Want to o=rdt on attomwn You ahould,-do ao.,ismedlatsl7. ♦. >aft Clark or tte Board 42Dr CO County Co6nods- 42),C okay Administrator f A •• attached are Capias of the Above alms. We settiried the e'iaiasnt 6f the hoard*s action an this claim by sailing a Copy of this docwmentt nand a Molmir o,--w been riled and rndareod ori the Board's CCp7 of this Csasm ib.& st 000r r" with ench .iPD3• } a vaWMIrw of olaiaarttrs tti 'Aht to owy rar Have' Brssent a tate alms tabs nailed in bATFztt >� sATttffz.CR� Qairfcs 'e7 Q ' DeputyDeputy- �7 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" i98o Clerk of the Board (100 P,44, PHIL RATCHEI(,' 651 Pine Street le,KAMOF5i- 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: 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 JEMETTE K. SAIPMAN Attorney for Claimant 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 ; F. ( 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 �4RD Q MPStP JM— Q al A QlOx1T. GI.II�L June 24, - 1986- Clair AE int the County, or bre.rAt IlO %�AVW governed by the Board of Supenisars, 01"ys c e t MIMfo L pw clouting a'darbamente, and Board echos of the action taken an �vu� b! taw Action. All sectica refarenoes ora Board of S►aprv1sors (paragraphITO to California Gooe_rnment Codes given pursuant to Goverment Cods Sacti@n %3 and 915:1. Clew note all a taridw e Qaifants Marvin J. Cohen 00ty Cmme^ Attorney: Jeanette K. Shipman MAY 3 a 196E Law offices of Sterns , Smith, Walker Address & Grell 280 Utah Street Hand delivered Asounts San Francisco , CA 94103 By delisery to edrk en ,May 27 , 1986 $1 , 000 ,000. 00+ mate Booedsada May 27 , 1986 NY sail" poebafted an erk of the Board of Supervisom : y Attached is a copy of the above-DOW claret. DaWs Mav 0. 1986 WM ShT MWR, Clark, By 0t AL at owles : CiEty`T&FAZ Ma (Check only one) ( ) ?No claim oomplies substantially with Ssetieae 910 and 910.2. (�O Ibis claim FAMS to ounply substantially with Sections 910 and 910.29 and to Bre so notifying claimant. The Board Cannot act for 15 days (Section 910.4). ( ) Claim is not timely filed. Clerk should return claim on ground that it No riled late and send warns of claimant's right to apply fon" leave to present a late elaia (Section 911.31. Dated: '' HY= p Ay Cbunty III. nM: Clark of the Board TO: (1) County Couase19 (2) County Administrator r ( ) Maim was returned as mtimely with notice to claimnt (Section 913.3). IV, MM By Uwrdwus Vote of Supervisors present. (y"') rds claim is rejected in fall. ( ) Others certify Ust Ws U a true and oorreot;ocpy the 'a order entwvd in JU siinutes for this date. Dated: JUN 2 4 lqA; M BA70MLdR, Clerk, By ��,� , Deputy Cierk i1IlRrT M (Gov. Cbda'; Section 913) Subject to oertain asoepticns, you have only six (6) sonths from the &te at thio Dodos was Wsooally aha-red or deposited in the sail to fila a Court act1CC an this slain. of Govarrment Code Section 915.6. Tau nay seek the advice of an attorney of 7mr Cholas in OCIR etion With this Utter. If you want to consult sn attorney, you should db so iaosdiately. T. !ltMs Mork of tt:e Board IMs Q) 0ovnty Oorsal, (2) County Aftinistrator Atta&ad ars Copies of the above @]aim. we notified the claiaaat of the Boarder action an this claim by sailing a CM of this'''doerent and a MW thereof Las been filed and andorse4 on the Board's copy of tbts Claim'ln aocordanoe with Section 29703. ( I • mining or claim, is MgLt to 2Wy rbr leave t tate @lain was sailed S►T�LOR, Q�'it,i�By �� Deputy Clerk 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: M pY21 1?86 Jeanette K. Shipman LAW OFFICES OF p IL BAT EIOR STERNS, SMITH, WALKER & GRELL ER AD OF ERVISORS RAC AC 280 Utah Street 1 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 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 / JEANE 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 • atm r�r �t.S � 1RA D�I� �lT. P�.D�A Main Wnst the cminty, or biatrial Emet 20 CLUXW June 24, 1986 governed by Ww Board of Superviears, IM amor-me documz MULIM to i�oo�nn Is tots' flouting Wooe cements. and Board Notice of the action taken m tour lb fps en Action. All Section referces are Board of a►tpervis" Varesso M bit to California 00verrment Codes given Prsuant to Government Code aactim 3113 and 315046 Kea" now all Wmar 1we Maisent: Juanita Chittock Co Attorneys Michael J. Shane J(�N � � Redmond & Shane 031986 Addreast 251 Oak St. San Francisco, CA 94102 h�i.eel m June 3, 1986 Ao $100, 000, 000. 00 :efts �► nate Beoelved: June 3 , 1986 By Nail Poetaerlad m ar the Board of 9upeFff 701 Attacbed is a copy of the above-noted Clatti. Dated, June 3. 1986 Plan. BATGRBAR. Marks at ovules FERS county cowaal Ws MWk or the Board Of zwim"� (Check only one) (X� Ibis claim complies substantially with Sectiase 310 and 90.2. ( ) Ibis Claim lAIIS to oamply substantially with Sections 910 and 910.2, and we MM so notifying claimant. The Board owmt act for 15 days (Section 910.5). ( ) Maim is not timely tiled. Clerk should return Claim an ground that it was tiled late and send warning of claimantfs richt to apply for leave to Present a late claim (Section 911.3). ( ) Won neteds By: cc putt County III. NiH: Clerk of the Board ICs (1) County Counsel. (2) County Adtiniatrator r ( ) Main was returned as mtimely with notice'+to Claimant (Section 911.3). I9. G1�t By unanimous Ate of Supervisors Present (X) Ibis claim is rejected in full. ( ) Otpert It oartity—that Ms in a true oortrct copy actezvd In Its Bated JUN 2 4 this Fm NTOEL(P. Mark. b . Deputy Rork VAX= (00v. Code `aectioe 913) dubject to oartein exoeptiaa, yon pave only six (6) Nonths from the date Ci tltts NOtice was peQ90rAlly served or deposited in the Nail to Ile a oourt action to this aata. dee Gavet=ent Code Broom 945.6. ?cu may seek the advice of an attorney cf,pw atoioe in connection frith this Matter, if you want to consult an atto wye yet should do so Immediately. •. "Ms Mork of the Board ID: Cl) County Ommal s (2) County Administrator Sttadod are copies of the above claim. Ye actified the claimant Cf the Soardls aetion on this Claim by N"ling a copy of this docummts and a memo thereof has bem tiled and endorsed an the Board's copy of this Maim in acoordarsoe with SbCticn 29703. ( ) A causing of claimants right to apply ftr leave t a late claim ass Bailed �TID:to alainant- 1986 PM ZVOELM p Mark by Deputy Qerk LAW OFFICES REDMOND & SHANE TWO FIVE ONE OAK STREET SAN FRANCISCO.CALIFORNIA 91102 (415)621-3366 MICHAEL J.SHANE ALAMEDA OFFICE TERENCE A.REDMOND SOUTHSHORE ALAMEDA,CALIFORNIA PHILIP T.PRINCE (115)523-5515, 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 RECEIVED JUN 5 1985 PHIL TCHELOR ERK TR 0 SUPER(I�SORS 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. FRECEIVED 198 OR RS �p�� NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE: Unknown. AMOUNT OF CLAIM: $100, 000,000. 00 ITEMIZATION OF CLAIM: Special Damages : According to proof General Damages: According to proof REDMOND & SHANE Dated: June 2, 1986 by MI HAEL J. SHAN , Esq. Signed on behalf of Claimant , JAUNITA CHITTOCK BARD Cr ilDmgIS1'AtS Q A C. Cam"= AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD — CONTROL AND WATE CO S VATION DIST ' Mass the p9ty� CL► 20 tuDWri' June 24, 1986 governed by life Board of Supervisorst Vw W" ,or-this document ami YaQ to iyoann is 2otr 31outing pfdoisements. and Board satioe of the motion taken on yaw slats by lbs Action, All Ssetion refaranoes ars Board of &Wdsors Owuraph rs bda)r to Califamia Government Codesgiven pursuant to Goeetmesit Coale Section !13 and Its*%e Please note all eUarsiop". Claimants Evelyn Baumgardner county cwm AttarMys Jeanette K. Shipman JUN.O 41986 Sterns , Smith-, Walker & Grell Address: 280 Utah Street San Francisco , CA 94103 Amounts $1 , 000 , 000. 00+ 3ly11i4j4lijWY&wk go May 281 1986 Date >leoeivsds May 28, 1986 Si' mile 0stmarked m ark 31 the NZ9 o pe sous 701 M7WtY ViZO Attacbed is a copy of the above-noted class. ' batads .June 3 _ 1986 PHIL PATCFMM. Mark, Py • i COMEY Ca al TDs Clark (Check only one) (�I This claim complies substantially with Sections 37.0 and 9110.2. ( ) This claim YAW to Comply substantially With Sections 911O and %0e2v and we ars so notifying claimant* The Board Cannot act for 15 days (Section 9110.0). ( ) Qaim is not timely filed• Clark should return Claim an grmrA that it was tiled late and send warning of Claimant's right to 'apply for leave to present a Lb claim (Section 911.3). ( ) Otivara bated: xt- - By: cc - polyCounty ONE Ine AID s Clerk of the Board 70: (1) CoWttCoassel. (2) County Administrator ( ) Maim was retuned as untimely with notioe to Claimant (Section 9111.3). I1►e IDAND SFA my Unanimous vote of Supervisors present (�? Adis Claim is rejected in full e ( ) Others Oartify-that this Is a true and Correct Copy the 's &ZW on L auir or tiffs date. Dated: 19 me �y Mark JUN � 4 86 >�ID., B�►TQM.olt. Clark, By � �� / WA10 M (Cove Code Section 9113) SubJeot to certain OznPticwo you love only u: (6) months from the date Ct dais mots" w parsa:ally Barred or deposited in the sail to file a Court motion an th3a Class. See Government Code Slocum 915.6. YOU my seek the advice of an attareey of your Cholas in ocxsfeetion with this settere if_you want to Consult an attorTfei►, u Should do so Immediately. _ '. nM: Mark of tds Board IN Cl) CmZtY Ooufsal t (2) County Admiaistratar Attaahsd are Copies of the above claim• Ve notified the claimant or the Beard's action CM thus claim by mailing a Copy of this dooumento and a am thereof dos beam filed and endaraed Cn the Board's Copy of this Maim In a000rdanoe with Section 29703• ( ) A yarning of alalmant•s right to apply for Ieave t a late Clans ma Bonded to Clalsant. DATED: JUN 3 n iqS&. 31 AATOIIIAiIt a Mark, Sy 1x1 Ospuy 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 2180 Giant Road San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent 13: Jeanette K. Shipman I1AY a- 1986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL &IL BAT M LOR C E K RD UPERVISORS 280 Utah Street TA 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 /1^>a" JEANETT 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 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 elle - - • - ARD OF SU!'1Bt11I.YBtS Ol* cowl coca:. CMXFC RIA DDAAD AL—T= claim LBlrat the County, or DistrictCLr Tp MgW- R June 24, 1986 governed by the Board of Supervisors, fbe copy s ueen to �o�n is 20v:' Itouting Q�6orseoents, and Board aottoe of the action taken on !�' elate y abs Action. All Section refertnoas ars Board of supervisors (Par SrMb TVs b dW), to California Goverment codes Sieta p:a�suant to ftve nmmt Code section its cad 915.4. !lease nate all oVarn"WOeounty Counspi Claissnts Evelyn Baumgardner Att & Jeanette K. Shipman JUN 0�198�� Y Sterns , Smith, Walker & Grell MitGtlBi.CiA J. lddreas: 280 Utah Street San Francisco, CA 94103 hand delivered .' AIMMU $1 , 000, 000 . 00+ BY delivery to clerk an May 28 , 1986 Date Beosived: May 28 , 1986 Vy sail, Postme~ m . erk of 3u5iFH90r5 709 Y ViaZir— Attached is a copy of the above-noted olaia. , Dated& June 3 , 1986 RZ SkTOMM, Clark, W, VKH: wMity : Clark a the DMM (Check only one) ( I This claim oomplieo substantially with sections 910 and 1110.2. ( ) This claim Mlles to oomply substantially with Sections 910 and 1110.2, and we an so notifying claimant. The Board cannot act°for 15 days (Section 910.!!). ( ) Claim is not timely filed. Clerk should return claim on gVund that it w filed late and send :carnia$ of claimant's right to apply for leave to pressat a late claim (Section 911.3). ( ) Others Vated: - 17-AJ2_ By: -777.24 •rQJDePAYcounty U III, PW: Clerk of the Board TDs (1) Cru untt' Counsel 1 (2) County Administrator t ( I Clain was returned as untimelY with notioe to claimant (Section 1131.3). Irl, BOASD Q1tDlR By wwdmous Tote of supervisors present (X) fats claim is resected in tall. ( ) Wars Ice1drnts ly that t rites a true oor wt copy f the�WZ;d ws eu is Dated: wM z 4 1986 lfIIi. UTaE.oR, Mork, By'i_C. Mork VAN= (Gov. Coda section 913) Subject to certain esoeptions, you lava only si: (6) months from the date or we aotioe was psr'sonally served or deposited in the fail to ale a court action Cc lata claim. See GOT arrmemt Code Section 1115.6. Tou say seek the advios of an att may Of your choice in ocrsner.'tioss �dtb this setter. If You want to consult on attorney, ycu should do so Lasediately. To FWt Clerk of tae Board Ws (1) County Oou sal, (2) County Administrator Attached ars copies of the above clefs. Ye notiried the Claimant of the Board's action On this Claim by sailing a OW of this docusMt, and a servo thersof has been filed and endorsed on the Board's copy of this Claim inaeooedanoe with section 29T03. ( ) A warning of d=igs" *s right to y for Ieave t a late claim was sailed to claimant. DATID:_ JUN 3 01986 tit, BA , Clerk, By � � . Deputy 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 (;,F11986 Clerk of the Board 11 !(70 P.M. 651 Pine Street LERKRHILBATC BATSU CHELOR Rs Room 106 C ACOST Martinez, CA 94553 e ' � °e ' 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-B 11 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 m or wmnm or OR mm— male GLS AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD CONTROL AND WATE�t� CO�tS VATION DIST 20 � June 24, 1986 Claim Lgain�at the Const-, er ism aQ to is aovw-wd by the Board of 3u 0rTiOas, !se awy s esu yaw flouting wdocsemesnts, and Board notice of the notice taken OD Tor b! Action. All section refareno0s an Board 0t &PIrvisa" aw"ra* Two 682 M). to California Govarrment 006as aed given PZwentetoo Govte al nt cob m IL3 Claimants Joyce Romero ,. wty COMM, Attassys Jeanette K. Shipman JUN 0 41986 Sterns , Smith., Walker & Grell Damm CAS" Addrees= 280 Utah Street San Francisco , CA 9.4103 H i de Vljj" Almssts $1 , 000, 000. 00+ �r i an May 28, 1986 Mate 110001nds May 28 , 1986 By mile Postnefted On : erk if M Board of Fupervinn lot County Attached is a copy of the above-noted data. nateds —Jung 3 . 1956 RM RkTOELOA, Clarks By, TwK:--00MtY 702 C3 ark W Un Dowd cc VAPWTIS" (Check only one) ( We claim o®plies substantially with Sections 110 and 4L0.2. ( ) This claim fAnS to omply substantially with Sections 910 end 910.29 WA We are so notifying claimant. The Board oarnnot act for 15 days (Sscrtian %0.4). t ) claim is not timely filed. clerk should return claim on V%owA that it was to d late and send waml of claimant's richt to apply for leave to present a lata alma (Section 411.3). ( ) WWI oared: Deputy ty III. 76h Qark of the Board 70s Cl) Comty Carml, (2) oomty Administrator ( ) Clain was retuned as untimely with notice to claimant (3ectim 91.1.3)• ITO Mw O1mDt By wardsou vote at supervisors prressnt (}�I we claim is rejected in full. ( ) Others aertLry that this Is a true arWOa'r'eCt copy of M board's Order en L Ndm>:t0s or this date. Mated= JUN 2- 1986 RM IMTr OLM, clerk, by %Y� . Dtpctty Clark OftmoVAN= 0"0 code saatian 913) subject to owrtain esoeptims, you have Daly six (6) w nttr flocs the date of thts nottoe was pwwnally served or deposited in the nail to file a court actin On this elate. Ove Government Code sscticn 915.6. Tou esy seek the advice of an attawy at Par abolas in cormnectim with this arttar. If you want to conmat an attorney, you Bhayld do so Immediately. T. Bnmg Clerk of tea Board TD: a) onty ammal, (2) Wmty AdmiaistMtar Attached are Oopias of the above data. .Ve notified the claisant of the board's action On this claim by nailing a copy of this document, end a an thereof Qts bow filed and todarssd m the board'& copy cf We Claim in acoordanoe with station 29703. ( ) A waning of atalmntf� runt to MWy rw leave t • late OILta wv tailed to elai eaatt L 01'PEas JUN o n tnnn PM KTOMDR, Clerk, 1� `�� . psPAy 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 San Pablo, CA 94806 LRECEEIVED 2. The address to which notices are to be sent is: Jeanette K. Shipman1986 LAW LAW OFFICES OF STERNS, SMITH, WALKER & GRELL IL BAT HE R 280 Utah Street �a` TRDO TP�WISORSSan 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 JEAXRTTE K. I At rney for ClAimant 3027-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 ; A (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 I (n ) Damages for other injuries which are not presently known . spablo.rpt JUN 3 1986 NNE or aMvmn ar dwCLAIM!u MST& CUM-, cUi EMA Maim Ardrst the qty, or bistrict 8MCE !0 gAw June 24, 1986 ' governed by the Board of Supervisors, The oop7, socument M31aQ to you is yore" Routing O1dorsaments, and Board notice of the action taken m low Main by the AcVons All Section reference are Board at Sup risors (paragraph 17, balaw), to Cs .ifornia Government Codes given pursuant to Government Code Section 113 and 915.40 !lease note all ■f►wmiawe Claisents Imm Jansen and Lynn Jansen CC County 4281516 AttdefisytP. Caudle cog* Kincaid, Gianunzio, Caudle & Hubert Address: 200 Webster St. , Ste . 200 MAY 2 9.1986 Oakland, CA 94604-0828 ` dsaats Unspecified By delivery to clerk an Bate Beoeived: May 27, 1986 By tail, postmarked m May 23 , 1986 . ark of the B oard of NaFeFg;"� t y Counsel Attached is a copy of the above-noted oLit. (� , Dateds May 28 . 1986 PHIL PATCHELOR, Clerks By `/0. Daprty . : county Counsil TDt Clark , (Check only one) V) This claim oomplieo substantially with Sections 910 and IM0.2. ( ) This claim FAILS to damply substantially with Sections %0 and 910.2, and we sots so notifying claimant. The Board oannot act for 15 days (Section 9i0.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send tirdrning of claimantfs right to apply for leave to present a late claim (Section 911.3). ( ) Others 4 1 bated: ZD—y: I DeWtyCount* III. n0H Clerk of the Board ZUs Cl) ty Cmmwls (2) County Administrator Q ) Maim was returned as Wntimly with notioe to claimant (Section 9U*3)• I9, BOd1AD ORDlA By Uw4mous vote of supervisors peat Cx) This Claim is refected in !till. ( ) Others �ftrrt y that t s s a true correct copy the�/ is ma is Dated 3UN Pri3w PHIL SI►TOMDR 9 Clark. By :`X/�� . Deputy Clerk 1iLVM (Gov. Code 98at1on 933) Sub304t to certain etoeptions, you have only sit (6) months from the date of this notice w parsora.Lly served or deposited in the nail to file a court actica an this masa. an Govercment Code Section 945.6, You nay seek the advice of an attoeaey of yam choice in oactsectica with this matter. If you Want to consult an attorney, ycu should do so mediately. T. nMs Clerk of the Board IN (l) County Consels (2) County Administrator AttacZad are copies of the above claim. We notified the claimant of the Boardts action on this claim by mailing a copy of this document, and a memo ttsersof has been filed and endorsed m the Board's OM of th19 CLais in aooadanoe with Section 29103, ( ) A warning of cla{son*•s right to gpp3y ror lea to t a late claim was tailed to claitant. A1TIDs---0:�2 d. �IBIL BITQMLOR9 Clerk, By • Deputy Clerk THE LAW OFFICES OF DONALD H. KINCAID VICTOR 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 M.THROWE BARBARA J. MASSEY 94604-0828 BERTA H. SCHWEINBERGER LAURA D.CASON E.JANE WELLS DEANNE R. POLITEO TERRY J. TRAKTMAN STEPHEN D. BURTON HOWARD A. SHIROMA DENNIS L BELCOURT WARREN r. woo May 22 , 1986 BRIAN N. ZAN O 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 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, GIANUNZnIO, CAUDLE & HUBERT HOWARD H. SHIROMA HHS:cjf Enclosure (s) L , 1 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.)-1 1966 8 PHIL ATCHELOR CLE OA 9FSUPE ORS NT COSTA C 9v`� 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 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. 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 I 't.AW OFFICE OF JOHN M. STARR 2 1460 Washington Boulevard, Suite B-101 i Concord, California 94521 3 Telephone: (415) 672-2080 4 JAN 17 198E 5 Attorney for Plaintiff J. R. OLSSON, Count 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 13 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 ) l6 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 28 America . 1 . - . 1 - 2. The Department of Corrections is , and at all times 1 2 mentioned herein was, an agency of the STATE OF CALIFORNIA, duly organized and existing as a department thereof under the laws of 3 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 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 lawsof 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 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 1160 Wuhington Blvd. _ 2 Suits B•101 Concord. CA 91521 r, q e79.9ItAn -J i' 1 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 , 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 1160 Washington Blvd. _ 3 Suite 9.101 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 control of that certain premises located in the City of Pinole , 6 County of Contra Costa , known as the Pinole Valley Shopping 7 6 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 individual defendants sued herein as DOES XVI through XX, 13 14 inclusive , was an officer or employee of Defendant H. S. HODGE 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 TECIINICAL 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 PIi=.,'A PARLOR 25 and at all times mentioned herein was the lessee and in 26 posse3sion 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 Suite B-101 Concord.CA 91521 •1.1 r+w.non 1 13 . Plaintiff is informed and believes , and thereon 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 14 individual defendants sued herein as DOES XXI through DOE XXV, inclusive , was an officer or employee of Defendant RED VEST 1,5 PIZZA PARLOR and of Defendant TECHNICAL EQUITIES CORPORATION and 16 17 in such capacity an agent of RED VEST PIZZA PARLOR and of TECHNICAL EQUITIES CORPORATION , and at all such times was acting 18 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 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 igent 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 C, inclusive , and therefore sue these defendants by such 8 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 injuries and damages to the plaintiff as herein alleged . 1`6 caused 17 FIRST CAUSE OF ACTION (NEGLIGENCE) 18 18 . Plaintiff incorporates by reference and realleges 19 Paragraphs 1 , 2 , 3 , 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',.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 i 28 WILLIAMS to purchase a concealable firearm and to possess., LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. _ 6 Suite B•101 Concord CA 94521 •.,.• ems•.canon � t � g 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 CALIFOPNIA 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 hi.s person 15 in violation of the laws of the State of California . 1s 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 ana 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 CALIFOR141A and its officers , employees, and 27 agents as herein alleged , Defendant JODELL WILLIAMS did on 28 LAW OFFICE OF JOHNM.STARR 1460 Waalungton Blvd. Suite B•101 Concord,CA 94521 January 19 , 1985 , in the County of Contra Costa , State of 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 alleged , Plaintiff LONNIE H. STARK has been required to spend 24 25 money and to incur obligations, and will continue to be required 26 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. — 8 Suite B•101 Concord.CA 94521 14151 F72.2nR0 t. 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 SS900 - 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 i i 28 Paragraphs 6 , 7 , 8 , 16 , 23 , 24 , and 25 as though fully set forth .AW OFFICE OF ►OHN M.STARR 460 WaWngton Blvd. — 9 — '�uite B•301 'oncord.CA 94521 nay 9.1.enon 1 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 LGNNIE H. STARK with a concealable firearm then being LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 10 Suite B•101 Concord.CA 94521 t y 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 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 reterenca and realleges 21 Paragraphs 91 10 , 23 , 24 , and 25 as though 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 , � 25 enti ne li g g y, 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 o[ said shopping 28 LAW OFFICE OF center , and failed to provide adequate Iighting and other JOHN AL STARR 1460 Washington Blvd. Suite B•101 Concord. CA 94521 - 41 m F'2.2nAo 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 , 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 , controlled , managed , and operated said premises including the 14 ; 15 parking and pedestrian areas that as a direct and proximate 16 result of said negligence Plaintiff LONNIE H. S'T'ARK was 17 assaulted and attacked on said premises without provocation by one JODELL WILLIAMS who then and there shot plaintiff with a 18 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 — 12 — Suite B•101 Concord.CA 94521 141-M 0;72-2080 through XXV, inclusive , negligently, carelessly, and recklessly 1 failed to provide security and- supervisory personnel in and 2 about the RED VEST PIZZA PARLOR and in the parking and 3 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 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 TECHNICAL EQUITIES CORPORATION and RED VEST PIZZA PARLOR. 14 43 . At said time and place , Defendants TECHNICAL 15 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 — Suite B•101 Concord. CA 94521 41 t'6'2.2080 i Paragraphs 11 , 12 , 13 , 14 , 23 , 24 , 25 , 40 , 41 , and 42 , as though t fully set forth herein . ' 2 45 . On January 19 , 1985 , immediately prior to the time 3 of the occurrences herein described in which plain :,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 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 18 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 — l4 Suite B•101 Concord. CA 94521 141 SI [•/1.gnan 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 T 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 . 14 50 . Said unlawful sale as alleged occurred in that the 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 1OHN U STARR 460 Washington Blvd. _ 1 5 — ;uite B-101 'oncord.CA 94521 11 c1 q'A 9nA0 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 , 1985, 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, KEVIN OLIVA, 21 and DOES XXI through DOE XL, inclusive . 22 23 56 . As a direct and proximate result of the intentional and willful acts of Defendants JODELL WILLIAMS, 24 25 SHARON WILLIAMS , DARIN OLIVA, KEVIN OLIVA, and DOES XXI through DOE XL, inclusive , as herein alleged , plaintiff suffered the 26 27 injuries and damages herein alleged . 28 57 . The aforementioned acts of Defendants JODELL LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 16 Suite B•101 Concord. CA 94521 Q, 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 56 . 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 19 Pinole. Valley Shopping Center in Contra Costa County, State of 20 California,- with the intent and purpose of inflictirr4 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 to and in furtherance of the above alleged conspiracy and 25 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 94321 .1 n c+n nman 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 23 , 24 , and 25 as though fully set forth herein . 15 65 . At all times mentioned herein , Defendants IMM 16 JANSEN 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 18 . At all times mentioned herein said KEVIN OLIVA was in the 19 custody of and subject to the control and supervision of 20 Defendants !1,4M 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 XcVIN OLIVA. 26 67 . At all times mentioned herein , Defendants IM14 27 28 JANSEN and LYNN JANSEN knew of the dangerous propensities and LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. Suite 8.101 Concord. CA 94521 1.151 971.7/1411 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 6 JANSEN and LYNN JANSEN had the opportunity and ability to control the conduct of KEVIN OLIVA but failed and refused to 7 8 exercise proper control and supervision of said minor . 9 69 . As a direct and proximate result of the 10 negligence , failure , and refusal of Defendants IMM JANSEN and 11 LYNN JANSEN, as herein alleged , Defendant KEVIN OLIVA in concert 12 with Defendants DARIN OLIVA, JODELL WILLIAMS, and DOES XXXI 13 through DOE XL, inclusive , did assault and attack Plaintiff LONNIE H. STARK on January 19 , 19851 in the Pinole Valley 14 15 Shopping Center , Contra Costa County, State of Califi;,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 ; 28 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 is true and correct and that this verification was executed on 9 January J 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 Wss4 ington Blvd. Suite B-101 Concord. CA 94521 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 : 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 §911 . 4 of the 17 Government Code . 18 2. The -.ruse 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 for . 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 11 CALIFORNIA might be liable upon its failure to take adequate 12 measures to prevent JOCELL WILLIAMS from purchasing , owning, and 3 possessing the concealable firearm which was used to shont the 1 claimant. 14 15 Claimant did not retain an attorney to represent him in this matter until December 12, 1985 , 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. 20 4 . All of the above constitutes mistake , � 21 inadvertence , surprise and excusable neglect by Claimant LONNIE H. STARK, justifying the granting of this application . j 22 23 5 . The SPATE 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 28 similar claims were filed by other victims of the shooting 27 incident abnve-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 M.STARR 1460 Wuhinrton Blvd- — 2 — suite B-101. Concord.CA 94521 14151672-2080 ' y 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 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 14151672.2080 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—Glaiminp 6 7 8 In re the claim of: ) 9 Claimant : LONNIE H. STARK ) CLAIM FOR PERSONAL INJURIES [Government 10 vs . ) Code 5910] 11 Respondent : STATE OF CALIFORNIA, ) ) .12 —' 13 TO: THE STATE OF CALIFORMIA: 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 191 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 JODELL 4)ILLIAMS , 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 Pinole , 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 . Claimant ' s injuries are as far as now known on the 9 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 amo it, 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 JOHN M. STARR, LAW OFFICE OF JOHN M. 25 STARR, 1460 Washington Boulevard , Suite 11-101 , Concord , 26 27 28 LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. _ 2 Suite B•ioi Concord CA 94521 14151672.2080 California , 94521 , ( 415 ) 672-2080 . 1 DATED: December 12 , 1985 . 2 LAW OFFICE OF JOHN M. STARR 3 5 1"JOHN M. STARc � t 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 - 3 - 1460 Washington Blvd. Suite B•101 Concord. CA 94321 14151672-2080 PROOF OF SERV!C:F BY MAIL -• CCP 10130, 2015.5 1 1 declare that: 2 I am (o resident of/employed in) the county of.............. .......Contra„ Qp;5t7 ......^......„..„ California. h:r:.1NTY~LRE MAILI•dU Lf,!,J•�4ial 3 1 am over the age of eighleen years and nos u roorty to the within cause, my (business Ifesirlence) address is:.„„................. 4 ,14fi.q...t'?ashi.n.g.ton... jy1 .-........Sui.te... ..3-10]..... ....CA........9,4521.._............„„ _..„........ 5 on .......P.P.c.e.Mhcr.....1.9.......x..9.8.5.................... I son/ed IFIc willsirs .A.Ppll.c.atio.n....to....File....La.te....„.......... IOA70 6 Claim Against...•the....State....Cal.i.fornka II1e ....„lis•te.d....part.y....................:.. „. ................ 7 in said cause, by placing a true copy Ilserttaf enclosed in a sealed envelope with postage thereon fully prepaid, in Ihl 8 United States moil at .„.......................�'?n.S: r j.......',r?t.i,tnrllia .... ..................................................................._ addressed as follow- 9 State Board of Control 926 "J” Street, Suite 300 10 Sacramento, CA 95814 11 12 13 14 15 I 16 i 17 18 19 20 21 22 23 1 declare under penalty of perjury that tha forepuusd is true and correct, and that this declaration was executed 24 December 19,.,,•,1,9.85 IaA7p............................ .......... at ..................Conc.o.r.d.....i�u�a .......................................... Colitaen 25 26 L4.r ....R. .....A. .9.ox.d�........................... ......... ITYPE OR PRINT NALII] •••••• 5�•�'�"' ATTORNEYS PRINTING SUPPLY FORM NO. 11-S RN.JANUARY 1973 i �i 1 LAW OFFICE OF JOHN M. STARR YYY 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 H. -STARK ) APPLICATION TO FILE LATE CLAIM AGAINST THE COUNTY OF 10 vs. j CONTRA COSTA AND RICHARD j RAINEY, SHERIFF OF CONTRA 11 Respondent : COUNTY OF CONTRA ) COSTA COUNTY COSTA, and ) 12 RICHARD RAINEY, ) 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 :A 6 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.)licatinn. 24 3 . The reason for the delay by LONNIE H. STARK in 25 presenting his claim against the COUNTY OF' CONTRA COSTA, and 26 Sheriff RICHARD RAINEY is as follows : Claimant was shot by one 27 - JODELL WILLIAMS on January 19, 1965, in the COUNTY OF CONTRF 28 COSTA, STATE OF CALIFORNIA, and suffered the injuries and 1 FXHIB1I 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 JCDELL WILLIAMS from purchasing , owning , and 9 possessing the concealable firearm which was used to shoat 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 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 26 that the factual and legal issues are complicated and require judicial resolution . This claimant ' s cause of actinn may be 27 consolidated with the action filed by nther victims without. 28 LAW OFFICE OF JOHNM.STARR 2 _ 1160 Washington Blvd Suite B•101 Concord. CA 91521 14151672-2080 G' -; 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 , 1985 . 5 LAW OFFICE OF JOHN M. STARR 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 (4151672-2080 I LAW OFFICE OFJOIiN 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 13. STARK ) CLAIM FOR PERSONAL INJURIES (Government 10 vs. ) Code §910) • j 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 , Califnrnia , 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 abnut 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 , co:itrolled , directed , and maintained records 27 of handgun purchases by residents of Contra Costa County so as 28 to permit JODELL WILLIAMS , a convicted felon , to possess , - 1 - EXHOT V 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 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.;tion of this claim: gunshot wound to the chest 12 causing loss of. mental function, concussion , scarring , pain , 13 sufferring , mental and emotional distress , permanent physical 14 disability. 15 The names of the public agents , officers , employees , P and representatives causing claimant' s damages and loss are at 16 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 JOIIN M. STARR, LAW OFFICE OF JOHN M. 25 STARR, 1460 Washington. Boulevard , Suite B-101 , Concord , 27 28 LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 2 Suite B•101 Concord, CA 94521 14151 672.2080 1 California , 94521 , ( 415 ) 672-2080 . 2 DATED: December 12 , 1985 . - LAW OFFICE OF JOHN M. STARR 3 4 51� y JOHN 14. STARR-#' 6 Attorney for Claimant i 7 8 9 r-. 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 9/521 14 151 672-2080 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 (unreadable) 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 Qv� l('� 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 Board should deny this Application to File Late Claim (Section 911 .6). DATED: .IJ�E:c,�D //�8S VICTOR WESTMAN, County Counsel, By� \�/� `-A--4beputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911 .6). bGr 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, Bc Deputy WARNING (Gov. Code 4911 .8) EXHIBU 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. S PROOF OF SERVI:'E 11'f PykAlL -• CCP 1013a, 2015.5 r 1 1 declare that: 2 1 am (a resident of/employed in) the county of......................CQntra...COst.a.........._ ....... . .. California. fl:r.'./NTY tVMERE FflllYfy lG'�VNR_a. 3 1 am over the age of eighteen years and no: o porty to tile within cause; my (business/residence) address is: ..._......._........ 4 1460.,,,1.,lash ngton.. B1vd.:........S.t.i.i.tc......B-101, Concord .....CA..._.. 945.21........._.,_,..,__,..._.___._......... 5 on .......... 1.9.,.....1.9.8.5................ 1 :L.r;e:f rhe wirhirs ....Application.....to...File...lata............ MAID 6 C1aim...Aga.ins.t...the...Count.y.._9ff................ coil 111e .........li.ste.d....Pa.rt.y......................_.............................. Contra Costa and Richard Rainey, Sheriff of Contra Costa County 7 in said cause, by placing a true copy tllerouf !riclosed in a sealed envelope with postope thereon fully prepaid, in the 8 ..........��:Jnr.' .':!..r.....'........l.,ifr�r.'�i. ....................................................... addressed as follows: United States mail of ................ 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 that Ili-, fure;luiny is Irue and correct, and that this declaration was executed on 24 De. e.tuber....1..9.,.....1.98.5...................................... at .....................CQ.n.Q,QZ.d........................................................... California. IDATO IPI CEI 25 26 LoriR. ..B,isord .... .... . ............................................................... (TYPE OR PRINT NANU 3 .... .. ATTORNEYS PRINTING SUPPLY FORM NO. II-S RN.JANUARY 1973 1 Y t 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. 2 THE AW OFFICES OF � L .../! KINCAID, GIANUNZIO, CAUDLE& HUBERT CHARLENEV J. FOSTER A PROFESSIONAL CORPORATION 2 WEBSTER STREET JAKLANO,CA 9 7-3789 (415)A 5212 - r JUN 3 1986 �,. an amyls or 006x1 Cl70IrPi, rJ1L»Il Claim Wnfft the County, orbistriet NMCLP !o CLADM June '.4 governed by the Board of Supervisors, 'lbs copy of VWS d0culbSnt USING SO YOU L yea' Routing Fldorsemernte, and Board notice at the notion talo an 7wjr chit b7 VA Action, All Section references are Board of Supardsors (Paragraph Ir, b a w), to California Goverrmeat Codes given pursuant to Government Code Section IL3 and 945.4• Flease note all wwarniwe Claimants Imm Jansen and Lynn Jansen *"k ' f iney) Attorsmys John P. Caudle MAY 2 91986 Kincaid, Gianunzio, Caudel & Hubert Address: 200 Webster St. , Ste. 200 Oakland, CA 94604-0828 &somtt Unspecified By delivery to clerk an Date Received: May 27 , 1986 By tail, postaarlad on May 23, 1986 -Merk Ff M Board of Su*rvi&Ws 153 ME57 CMWANNI Attached is a copy of the above-noted CLim. Dateds May 28 , 1986 PHIS. BATQMIAR, Clerk, By >DsA�7 11, : County Counsil Ws Mark or the Board ofsora (Check only ane) (X) ibis claim ocmplies substantially with Sections 910 end 940.2. ( ) We claim FAILS to comply substantially with Sections S10 and 910.29 and we am so notifying claimant, the Board cannot act for 15 days (Section IROS). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others Dated: By: pnty County III. PM: • . erk of tine Board 1Os (1) County Counsel, (2) County Administrator r ( ) Claim was retwoed as untimely with canoe to Claimant (Section 911.3). I9, BOARD WE, By unanimous Ate Cf Supervisors present (>O 2his Claim is rejected in full. ( ) Others cern y that this Is a true and Correct Copy ift egoardim Order entered in is minutes for this date. �Q Dated: JUN 2. d Inge PHII. BAT(iffi.OR, Clark. Dy . Deputy Clerk VA1Q W (Gov. Cods Section 913) subject to certain ozoeptionss, you have only six (6) months fesm the date of this gabs* was Pwwrjally served or deposited in the mail to file a Court action an this data. See Govarrmsnt Code Ascom 945.6. You toy seek the advice of an attorney of yaw Choice in oclowe ton with this matter. If you want to Consult an att*mey, you should do so immediately. T. 11 Ms Clark at the Board 'ms Cl) County Oconee!, (2) County Administrator Attached ars Copies of the above claim. We notified the Claimant of the Doardts action an this claim by shading a oopy of this document, rind a memo thereof has been filed and endorsed on the Doord�s Copy of this Claim in t000rdanoe with Section 29T03. ( A w ruing of Claimarntts right to apply for leave t a late Claim was mailed to gdelaft 3 t. DATEN JUN 0 i0;r, "M PATOMM, Clerk, By . DeA1ty Clerk 1 1' r .r' THE LAW OFF,(ES OF MNALD H KINCAID vIGroRJ GIANUNZip KINCAID, GIANUNZIO, CAUDLE-& HUBERT JOtiN P CAUDLE GARPv J D HUBERT A PROFESSIONAL CORPORATION TELEPHONE PATRICK J HAGAN ELIOT R HUDSON 200 WEBSTER STREET (a 16) a66-5212 THOMAS F CASTLE GREGORY MICHAEL DOYLE OAKLAND. CALIFORNIA MAILING ADDRESS MICHAEL R WELCH. P.O. BOX 1828 EDWARD M PRICE CURTIE A CANFIELD Oakland, CA SHAW. MTHROWE 94604-0828 BARBARA J MASSEY BERTH H. SCHWEINBERGER LAURA D CASON E JANE WELLS DEANNE B POLiTEO TERRY , TRAK7MAN STEPHEN D EURTOR - HOW-RD A SnIROMA DENNIS L BELCOUR7 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 T 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) T i 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 �719�a IMM JANSEN and -LYNN JANSEN 6 90KI R rN�qp�T eE�o 7 o. 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 p , g 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: A 14. 4MM 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 = I j I h ®r,. 2 1460 Washington Boulevard, Suite B-101 1 Concord, California 94521 3 Telephone: (415) 672-2080 NOV `? I.) 19'.;5 pr __ 5 Attorney for Plaint I f P c c cx 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. 2'79455 12 vs . ) COMPLAINT FOR DAMAGES ) 13 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 ) 16 EQUITIES CORPORATION , ) a California corporation , j 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 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 defendants sued herein as DOES I through DOE V, inclusive , was 22 23 an officer or employee of the DEPARTMENT OF CORRECTIO,'c» 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 Weehington Blvd. — 2 Suite B-101 Concord. CA 9.521 '.rsi F72.2W defendants sued herein as DOES VI through DOE X , inclue;.�,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 10 7 . Defendant RICHARD RAINEY is , and at all times 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 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 672.2080 such agency and 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 . 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 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 INI.STARR 1460 Washington Blvd. _ 4 _ Suite B•101 COntord. CA 94521 14151 672.2080 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 TECHNICAL 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 and capacity of the defendant sued herein under the name of GUN 21 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 ss 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 14151612.2080 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 . 17 . Plaintiffs are 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 . Plaintiffs will amend this ' 11 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 for the occurrences herein alleged , and thereby proximately 15 caused injuries and damages to the plaintiffs as herein 16 17 alleged . - 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 (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 . 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, 11 possession , and control of concealable firearms and negligently 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 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 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 purchase , 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 CALIFCRNIA and its officers , employees, and LAW OFFICE OF JOHN h1.STARR 1460 Washington Blvd. _ 7 _ Suite B-101 Contord. CA 94521 14151 6722080 agents as herein alleged , ' Defendant JODELL WILLIAMS did on 1 2 January 19 , 1985 , in the County of Contra Costa , State of 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 negligence , carelessness , recklessness , and improper acts , 8 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 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 KENNET]] REED and JAMES S1IADWICK, 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 LAA'OFFICE OF JOHN A1.STARR 1460 Washington Blvd. _ 8 Suite 8.101 Concord.CA 94521 14151 672.2080 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 5§900 - 915 . 4 of the Government Code . 22 Copies of said claims are attached hereto as Exhibits "A" and 23 24 "B" and made a part hereof . 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 1460 Washington Blvd. — 9 — Suite B•101 Concord. CA 94521 14151 672-2080 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 10 concealable firearms within the county and negligently failed to 11 employ available funds , equipment and personnel to administer said laws properly, and as a result thereof did allow and permit 12 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 , emplo;:2es , 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 RICIIARD RAINEY , Sheriff , 28 and their officers , employees , and agents as herein alleged , LAW OFFICE OF JOHN M.STARR 1460 WaahinFton Blvd. — 10 — Suite B-101 Concord. CA 94521 141st r'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 . 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 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 LAW OFFICE OF JOHN hi.STARR 1460 Washington Bled. — iuite B•101 :oncord. CA 94521 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 g 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 26 LAR' OFFICE OF JOHN M.STARR - 12 - 1460 Washington Blvd. Suite Bd01 Concord. CA 94521 14151 672.2080 ;7: 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 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 . 28 WHEREFORE, plaintiffs pray relief as hereinafter set LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 1 3 Suitt B•101 i Concord. CA 94521 ,.i i c, a-o.?nan 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 6 45 . On January 19 , 1985 , immediately prior 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, '10inclusive, 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 46 . 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 19 danger to their persons and failed to alert the police or 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 1160 Washington Bled. — 14 — Suitt B-101 Concord. CA 94521 1411Si672.2080 � Y. ' ;,r ( "7 1 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 California , shoot LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 15 Suite Bd01 .oncord. CA 94521 41-51 672.2080 (." (: and injure Plaintiffs KENNETH RUED and JAMES SHADWICK with a t 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 herein . 10 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 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 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 . P8 56 . As a direct and proximate result of the LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 1 5 Suite 8.101 Concord. CA 94521 intentional and willfu•1 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 , DefendantF 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 DOCS XXXI through DOL 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 hi.STARR 1460 Washington Blvd. _ 17 Suite 8.101 Concord, CA 94521 i,ica7?•^OPO 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 OLIVA, and DOES XXI through DOE XL, inclusive, furthered the 8 conspiracy by cooperating with and lending aid and encouragement 9 10 to Defendant JODELL WILLIAMS in doing the acts above alleged . 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 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 28 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 8.101 Concord. CA 94521 ?.t 1.v a-2.2nan 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 KEVIN 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 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 LY14N JANSEN , as herein alleged , Defendant KEVIN OLIVA in concert 19 with Defendants DARIN OLIVA, JODELL WILLIAMSr and DOES XXXI 20 through DOE XLr inclusive , did assault and attack Plaintiffs 21 KENNETH REED and JANLS 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 LAWOFFICE OF JOHN M.STARR 14GO Washington Blvd. _ 1 9 Suite B•101 Concord, CA 94521 u 1 S A",2-2080 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 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: 1 �� ] 1985 . LAW OFFICE OF JOHN M. STARR 14 1516 J01M 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 B-101 Concord. CA 94521 i.i I. 1 672.2080 1 LAV OFFICE OF JOHN M. STARR 2 1460 Washington Boulevard, Suite B-101 Concord, California 94521 3 Telephone: (415) 672-2080 4 5 Attornev for Claimant 6 7 8 In re the claim of : ) 9 Claimant : JAMES D. SHALWICK ) CLAIM FOR PERSONAL I14JURIES (Government 10 vs . ) Code 99101 i1 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 , 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 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 - 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 $ 50 , 000 . 6b ( to date and future estimate ) 22 General Damages $41950 , 000 . 00 23 ( to date and prospective) 24 Total Claim ( as of slate 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, LAN OFFICE OF JOHN 27 STARR, 1460 Washington Boulevard , Suite B-101 , Concor 28 • - 2 - Californif, 94521 , ( 415 ) 672-2080 . C 1 DATED: April 25 , 1985 . 2 LAW OFFICE OF JOHN M. STARR 3 4 �zzj OHI 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 SERVICF BY MAIL - CCP 1013c, 2015.5 1 1 declare that: 2 1 am to resident of/employed in) the county of...... C.o.ntra....C.qpl�4k...................................... califom;o. IcOU"T`Y�EPE MAIU�o OCCUAREDI 3 f am over the age of eighteen years and not a party to the within cause; my (business/residence) address is: .........._...._..... 4 ........Sp.i.t.e-....B.7 10.3.......C.o.n.q.o.rd........C.A........9.4521..._M._._.,...•.,.__,._._,.. 5 on .........A p.r.i.1.....Z6....... ........................... i served the within ..........C.qim for Persona.j._j.n ..'....................................... 4DATID 6 ..............................................................................................11.............. on the ...............I.i.Al.e..d....P.a.r.ty..._—..................................... 7 in so;d cause, by placing a true copy thereof enclosed in a sealed envelope with postage )hereon fully prepaid, in the 8 United States mail of ........................... ........................................................ addressed as follows: 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 parivry that the foregoing is true and correct, and that Ihis declaration was executed 24 A p.rU55................................................. a t .............Concord...... ......................................I......................I.................... Coliforr o.ToIPI-ACO 25 71�' 26 Lori R. Bisordi �k'-) ...................................... ITYPE On PRINT NAMO rURE ATTORNEYS PRINTING SUPPLY FORM NO. fl-S OrVJANUARY 1977 1 LAW OFFICE OF JOHN M. START 2 1460 Washington Boulevard, Suite B•101 Concord, California 94521 3 Telephone: (415) 672-2080 4 5 Attorney for Claimant 6 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 , 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 accesE 27 to concealable firearms at his place of residence and to carr;. 28 said concealable firearm on his person . On the date of Januar;. - l - P"iNDIT 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 9 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 $5 , 0001000 . 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 - I STARR, 1460 Washington Boulevard , Suite B-1011 Concord , 2 California , 94521 , { 415 } 672-2080 . 3 DATED : April 25 , 1985 . 4 LAW OFFICE OF JOHN M. STARR 5 � 6 Old M. STT�FIR 7 At orney for Claimant 8 9 10 II 12 13 I4 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 3 - PROOF OF, SERVICE BY MAIL - CCP 10130, 2015.5 1 I declare that: 2 1 am (a resident of/employed in) the county of.......................Co.nt.ra....C.P..St4...............................•..................... colifonnia. ICOUN" WHCRE NAILING OCCURRM- I 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•.•t,a i.n,g.ton.,.Blvd...r Suite....I3-10], n .c... ..C..00.......r ,.....CA. 9.4521.. .. .. .. d.. .. ... 5 on ..........pR.r],.1,,,,.u.c..... .......................... I served the within ......0 a.im....�.O..r....par.5.0n.al....z.nj.ur.ie.a_ aATD 6 ............................................................................................................... on the ..........1.3 S.t.i.a....P.AZr k.Y...................................I..........._...... 7 in said cause, by placing o true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the 8 oncorcl r....('7liforni•a .„.,.„_,..,,,,.••,..•............................ addressed as follows: United Stales mall of ...........................�.......... .. ..................... . 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 t declare under penally of perjury that the foregoing is true and correct, and that this declaration was executed c 24 1 AP.K,iI_,26.,..... ....................nco•rd . . 1 .... ......................... ........... aI ...... ... ....................................................._, MATO IPLCa Cotiforn; 25 26 Lori R. Bisordi /�• /llu/j[C/� �"?G� (rrPC 0 PMNi NAMO SiNA'vRE ATTORNEYS PRINTING SUPPIT FORM NO. tl•S 1 LAWOFFICEOFJOHN M. STARR 2 1460 Washington Boulevard, Suite 13-101 Concord, California 94521 3 Telephone: (415) 672-2080 4 5 Attorneyfor Claimant 6 7 8 In re the claim of : ) g Claimant : JAMES D. SRADWICK ) CLAIM FOR PERSONAL INJURIES [Government 10 vs . ) Code §9101 11 Respondent : COUNTY OF CONTRA COSTA) and RICHARD RAINEY, ) 12 SHERIFF OF CONTRA j 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 i7 O' Rourke , San Pablo , California , claims damages against the 16 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 based on personal injuries sustained b,. 22 claimant on or about January 19 , 1985 , under the followint 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 , 1985 , 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 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 $51000 , 000 . 00 presentation of this claim) 27 26 All notices or other communication with regard to thi .. 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 01 7 M. STA R 7 AtEorney 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 1 am (a resident of/employed in) the county of................... ......... .............—.— Colifomio ♦ ICOUNT/WHERE MAIIING Of:CUA4LJ1 3 1 am over the age of eighteen years and not o porry to the within cause; my (business/residence) address is:._............... ... 4 ,1460 tlashi.n,g.ton •Blvd,,......Suite..... B-107, Concord.,. .CA........ .4521.........................._.—........ 5 On ...... p.r•i.l.. 26.r. 19-SS Claim-.•f.or.,.•Per•s.ona•1•.,.I•n•lu.X.j.e.; o�7a I served the within .......... . . 6 on the ............1•fisted....P.ar.tY.............................._........... _...._ _........................................................................................ .......... 7 in said cause, by placing o true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the 8 �ncord r.,••C,7•� ].fOrnia .........•.. addressed as follows United Stoles mall at ...........................�..................... ..................................................................... 9 Board of Supervisors County of Contra Costa . 10 651 Pine Street Martinez , CA, 94553 11 12 r 13 14 15 16 17 18 19 20 21 22 23 1 declore under penalty of perjury shot the foregoing is true and correct, and thot this declaration was executec 24 Ap.x.i ......2.6..r....,1.9.8i5..:o............................................. of ...........Concord Pura .................. Col for ......................................................... 25 26 Lori R. Bisordi t t. ('o U'?G(� .........................................ITYPL OR.........0A..PAMT• Ma $ . N ..,......................................... Sl-.NA.-URC IN � ATTORNEYS PRINTING SUPPLY FORM NO. It-S Nev. JANUARY 1973 I LAW OFFICE OFJOHN 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 j INJURIES [Government 10 vs . ) Code 9910) ) 11 Respondent : COUNTY OF CONTRA 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 Riney 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 26 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 , _ 1 _ E;JUIT 1 or have access to cont affable 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-:idenly 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 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. STARR, LAW OFFICE OF JOHN M . 26 STARR, 1460 Washington Boulevard , Suite B-1011 Concord , 27 28 2 - Glt 1 California , 94521 , ( 415 ) 672-2080 . 2 DATED: April 25 , 1985 . 3 LAW OFFICE OF JOHN •M. STARR 4 5 t GlyA -&J STARR 41 g y 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 SERVICE BY MWL — CCP 1013c, 2015.5 I I declare 1kot: 2 1 arm to resident of/employed in) The county of.......... ........... ........................................ Colifomio, o COuN"w.EnE 0CCUqqCD' 3 1 am over Ike age of eighteen years and not a party to the within cause; my (business/residence) address is: ..................... 4 B.1.v.d.7........S 9.i.t.e...... 1 O..L.....C.o.n.q.Rrd.......C.A........9-45-2-1.................I._.......—......._... ....... .. . 5 On .............�p ....26.1. —... ..... .................... I served the within ....... n j.0 rl 0--s IDAIE) 6 ...........................................................................................................- on the ...............lis.t.ed....par.ty................................................ 7 in said cause, by placing a true copy thereof enclosed in a sealed envelope with pottage thereon fully prepaid, in the 8 United States mail at �.......................... ....................................................... 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 the foregoing is True and correct, and that this declaration was executed 24 A p K.i..1.....12-6.1..... ....................................I................ at ..............Concord................................................................. colilor! JDATO VyCD 25 26 Lori R. Bisordi ............................................................................................................... crypc on PniNTNAUD ATTORNEYS PRINTING SUPPLY FORM NO, fl-S Or'.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 10 November , 1985 , at 7-,� ;�''ri.l,-, �; T California . ' 11 12 KENNETH REE 13 14 15- 16 17 18 19 20 21 22 23 24 25 26 l 27 28 LAZY OFFICE OF JOHN M.STARR 1460 Washington Blvd, 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 6 upon my informatinn or belief , and as to those matters , I 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 November 1985 , at California . 10 11 V 12 MES SHA A 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 I 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 i 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 a HUBERT CHARLENE JJ/FOSTER A PROFESSIONAL CORPORATION 2 WEI3STER STREET OAKLAND.CA W 7-3789 (415) 6SSZl2 man r, arfvsegyum ar dM mm Emma NU MEND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNT-MR AMM FLOOD CONTRCDiDllt AND W TER CONSERV ��u LjV June 24, 19T6 Claim L afwt tae�ty, or Anat � �D�! governed by the Board of Snpoc-1iacnr 2b copy s owwount, NO.= to ra L Par Routing woorsaments, and Board eotioe of the action taken an lots' Blau by Ass Action, All Section referanas are Board of Ava 'd too Govatuount Code balm)eft 3 to California Qovernment Codas stvan and 115040tiease note an swtaeatwe Qaimants Walter E. Nelson ,. Attorneys Jeanette K. Shipman Law offices of Sterns , Smith, Walker MAY 3a f9R6 Address & Grell 280 Utah Street Hand delivered A(j Amounts San Francisco , CA 94103 lye daliwt7 to Qlerk an May :27 , 1988"` $1, 000 , 000. 00+ ; Date Beosivuds May 27 , 1986 Si' mail, P ebw an 7WR-.`Merk Ff AM Board of Npervii—Ws 762 y MiM Attached is a copy of the above-noted alala. nateds May 30, 1986 ham. BATCHMO g Clark, �► LA7 . = y : er , (Check only ane) ( 'ibis claim o®plies substantially with Sectiew wO end 910.2. (� lois plain nns to omply substantially with Sections 910 and %0.29 and w ars so notifying claimant. The Board oannot act for 15 days (Section 910.6). ( ) Claim is not timely tiled. Clerk should return elals an wotasd that It was ri1Qd late and send wiarni of claimantfs right to apply for leave to present a lata mala (Section 911.31. ( ) Others By: t ty III. : Clerk of the Board Tor Cl) ty Cotseel, (2) County Admiaiatratar ( I Chia wad returned as tntisely with wtioe to Glaimt (Section 9u.$). I9. Mw w= By wAnisous Ate of Superriscre prasaat (X) This plain is rs jocted !n ruU. ( I Othsrr eOwttii PI tthat t s s a true oorreet copy •a as Dated Jury z '� 79 RM BATMELOR, Clark, By � �� . Deputy Mork VAX= (cove Code Bacticn 913) subject to oartain emoepotioos, lou have Daly Bis (6) acnthe the the date or We nonce res Pec'sorelly served or deposited to the =11 to rile a court aotien en hats aleia. dee fioveraeent Code Seotica 915.6. !on day seek the advice of an attorney of lar choice in ooze I= with tlda Etter' if lw rant to ooasult On attonwy, lou shmild do so twoodiately. 7. 'W' Clerk of the Board IDS Cl) 0MZty Ootseelm (2) Ootsnty Administrator Attached are 00pias of the above claim, We notified the Claimant or the M ardta retia, on this alms by mailing a 009y of this doomed, and a a o thereof has haen riled W4 andarsed en the Boards copy of this Claim to a000rdanoe with, nsetioo 29703• ( ) • worrnInngg of aas„t•s riot to way !Ser leav1,to t a late claim w Bailed Al?h�sb !�. SlTQ�4R, Mork. syr � DsPA7 Rrrk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et s re: Nelson v. Contra Costa County Flood ControliRrWtt EIVED TO: Contra Costa County Flood Control District MAYa 7 1986 Contra Costa County rrnt earCKEIC: 651 Pine Street e,rC N e coov r ..os CO J Room 106 s orx,p. 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 E1 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 JEANETq% K. SHIPMAJ 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 FVL BMW= June 24, ' 1986' claim wrnat the county, or tdatrict MCLP 10 CLAV _ to Toa L � toveroed by the Doard of Supervisors. Tins cepy a ad pl¢ outing ,6orseme ta, tad Doerd notice of the action taken an lots' by the Action. All Suction raferenoee ars Doard of suprdscrs Varagrso No 1111M)f verment Code to wifornis 0overrment Codas andvm 915646 em note all sifandwe SGOUGa 113 Qaisants Walter E. Nelson Attorwys Jeanette K. Shipman " Law offices of Sterns , Smith, Walker MAY JO 1986' Addrrsss & Grell 280 Utah Street Hand delivered eMmkrA Amounts San Francisco , CA 94103 DY delivery to clerk on _ May 27 , 1986 $1, 000, 000. 00+ Wt Rwd veds May 27 , 1986 By mail• Postmarked on ark 31 the BEER o pe sors s aRry courimal Attached is a copy of the above-noted oLis. fated: Mav 30 , 198.6—PHIL DIITOELOR, Qrk, By �l\;oma VA _—U3`thv Rn6w1es TIM county : ark (Check only one) ( ) This claim complies substantially with Sections 910 sad 910.2. (� This claim arms to o®ply substantially with Sections 910 orb 910.2s std OR mrs so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Maim is not timely tiled. Mark should return claim an V%%rA that it was tiled late and send warnirt'►n�� of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ST - - gjaputy Comfy III. "W: Clerk of the board SOs CO County Counsel, (2) County Administrator V ( ) Maim was retwwd a, .untimely with notice to olatment (Section 911.3). I9. !0A30 By unanimous Ate of Supervisors praswt : (X,) This claim is rejected in toll. ( ) Other: i y UITIRs Is a true and correct copy oftine FbaRfs OrdCw an is minutes or this date. 7V� Deputy Mark hated: JUN41986 1986 lfm�. DA1'CiO1,OR, Clerk, Dy YARNM (clot►. cads Section 1113) Subject to certain szoeptians, you have only six (6) months Oram the date Sr This eotioe was parsanally sarvad or deposited in the mail to file a court action 0o this Alain. ass COva Mont Cods 'action "5.6. Tou may seek the advice at an attorney et your choice in 00120C Ian Idth this Utter, It Ton want to oonmdt man attorneys lou should do so tsmadiately. •. >1Ms clank of the board TD: Cl) County Opmegl, (2) county Administrator Attached are copies of the above claim, We notified the olatment at the Board's calors an this claim by sailing a espy CC this dMa nt, sand a memo there off has been tiled ond endorsed on the Doard's copy of this maim is aoow&noe vitt, Duction 29703• ( ) �widnng of alaimant's right to gpay �' leave t a late claim was mailed BITCMMe Mark, By Xl�/ . Dssxd7 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 RECEIVI D 2. The address to which notices are to be sent is: Jeanette K. Shipman MAY cl �o$ LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHIL BATCHELOR 280 Utah Street -CLER oA� 0 UPERvI ORS ' NTR OST O. San Francisco, CA 94103 ° ti 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 * SHIPKAIF P 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; f 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 EAR CP SJ!'SRVim Q dw mm QI>Ri'i'. RM ACE OILS mal art the Vointy, ar kartriat ttMC:' 10 SAM June 24, 1986 soverned W the Board of Supe rvisors s The asp! or sus document salad to I�m is !ar Routing b,dorsaments, and go" Notice of the action taken an Aar amain 1w the Action. All Section references era Doard at ftarsdson OPwvs aeph ITO balm) to California Goverfeaent Codes Riven pxwmaant to Gonrauent Cods SleCtiaan its Claimants Dwayne Harmon and 913.40 Haase bote all ehiassiaa ecounty 0ounsel Attorneys Jeanette K. Shipman JUN 0 4 1986 Sterns , Smith, Walker & Grell Address, 280 Utah Street MSIbt�L � San Francisco, CA 94103 hand delivered Amts $1, 060,000. 00+ !y Olt VwT to Clerk an_ May 28. 1986 ?,fate Beoedvsdi May 28 , 1986 By mail, postmarw an 2, F?04; Mark BF the Board of Survisors Attached Is a copy of the above--o nted claims s y Stfatbs June 3, 1986 MM AATMM& Clark, f • GIOPW or We of (Check wily Syne)Counsel _ Cif- ibis claim complies r astantially with Swtioos 910 and 210.2. .. ( } itis Claim TAns to oomply substantially with Sections 910 and 920.29 mad we ars ab notifying claimant. She Board oannot act for 15 days (Seatico 910.3). ( } Claim is not timely filed. Clerk shmdd return claim on VV" that it was filed late and send warning of claimant*s right to apply for leave to p went a late Claim Motion 91.1.0. C ) Others NED hath: 7Bay: 1 puty panty .,,,,M in. !!Illi: Clerk of the ]bard 201 (1) C Ity CMsssal• (2) Comty Admiaistratar ( ) Claim was returned as untimely with notice to Claimant (Section Ones). IT* ItGw dGa By urainimous vote Cf Supertirisors paremeaat CSC} We claim is rejected in !wall. C } Others cert y hiss s Is a trio and sor'rect copy or FIT b2 for !RU date, Datb: 4 liilL bA'iCiiil,OR, Clark, By • laps! Clerk bLVPZIIG (Gov. Code S ootiaxs 913) 111sb,)eot to Sartain eaeoeptioos, You gave Only six (6) months !!cross than slate at bods Wtioe Maas pec wna2Sy served or deposited in theNail to fila a ao�a�t aCtian on Weal�im• See GovwVOdeat Code 3eatiM 9 5.6. atter.OU s�wmt to Coeseulthe &M oe �an alto Of VOW choice in ocaesr�ew.�tien with this >!ou shasid do so Immediately. W 1RM9 Clerk of the Board '!Ds Cl) County Cossml, (2) County AWrAstrator biAttached are ,opus Of the above claim. We wtified the Claim mt of thaw@ SoardVs on cr this claim by cog a copy of this doouseatI mrsd a memo thereof has been filed endorsed oma the Board's s copy sof this Claim in a0coebarsoe with Sstticn 29703. ( } A Maroing of olaimant•a right to apply far Ivan t a late claim imam sailed DATM, �t19$$ DOPAY Clerk P", UTOMLM. Clarke By . CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQU' TAB E LIEF Government Code, Section 910, et re: Harmon v. Contra Costa County RECEIVED MAYA( 1986 TO: Contra Costa County 1:00e..M. Clerk of the Board PM BATCHeica 651 Pine Street iezK Room 106 Ld n Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 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. Tf PMAN Attorney for 'Claimant 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 ; (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 s vn �tv�ryT Sd3W WD= 01.2IM AND AS GOVERNING BOARD OF THE CONTRA .CQSTA COUNTY 'FLOOD CONTROLAND WATE 0 S VATION DIST ` C1aL not the pomty, or 1'CE To CILLIMT June 24, 1986 tovernad by LAM Board of Supwwdsars, wte ooh or two dOOMODT, w1led to L Pur 11012ting Drdoraementa, and Board eotioa of the motion taken an Sar daze b tae Attica. All Section references arm s and of Superdsors 0%rapaph It, balcn)� to California covwnment codes given pursuant to Government Code Smotiaa 63 and 915.4. !lease mote all ai►aralwe Claimants Swayne Harmon county Attaramyt Jeanette K. Shipman Sterns , Smith, Walker & Grell JUN 04 1986 Addreast 280 Utah Street San Francisco , CA 94103 H delir d �arbne� Amounts $1 , 000 ,000. 00+ Wivr�y age a4 May 28, 1986 Sete >teomivadt May 28 , 1986 By moil, Febw rkmd ao Clerk if the Board of SupeRISWS 161 y Attached is a copy of the above-DOW claim. • Datedt June 3 - 1986, PM ShTQMA11, Mark, Ily. Y'-V�"a', (Check way am) We claim complies substantially with Sections 910 and 1MO.2. ( This claim ?AILS to o®ply substantially with Sections SMO and 91D.2, and wa ars so notifying claimant. The Boas oannot act for 15 days (Section 510.8). ( Rain is not timely filed. Clerk should return claim an rvurA that it was t1lad ,late and sena warning of claimant's right to apply for leave to preset a late claim (Section 911.3)6 ( ) Others Duty Cbmty III. l71Qlt Clerk of the Board 7Dt (1) County Cmlab 1, (2) Covnty Administrator ( ) Maim was retwned as untimely with aotioe to claimant (,Section ¢11.3). IY. BOA1® G1tDfR SY unanimous vote cc wperviecre present (�C) !Lis claim is rejected in !till. ( ) OLMrt oaTtiff-t—hat this In a true ww correct copy of thakzza•a order un abscissa for this date. Dated: JUN 2 4 1986 .1M VATCiM". Mork, by �� . Dewy Mork NOMMENOW �j� to oertain msoepRvmoos ?sou nave onlCode y sisn(63wnths hm the date or this Doti Oe was pm'sonally nerved or deposited in the sail t0 rile a court motion an lois alata• See Gova:tmlent Code Section 945.6. YOU say seek the &Mae of an attoemsy of lar choice in o0rmeetiaa with this antter. If you want to consult an attottwy, yap ahonld do so Immediatalye v, h?1 w, Mark of the ftard !Ds a) 001.04 OW089, (2) County Administrator Attached are copies of the above claim. We mtifimd the olaisant of the Board's action on this claim by asuiing a copy of this daauant e a an * thereof has b"M filed and endorsed on the Board's copy of this Main in a00ordanw m with SeCtiaa 29703. ( A aara�ina of claimant's r101t t0 apply for Inv* to t � a late claim w nailed >11TIDtJUN ,g �t� KTQMM. Mork, sy •; 011PAY Qerk 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 CXs� O( San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is : Jeanette K. Shipman LAW OFFICES OF STERNS, -SMITH, WALKER & GRELL PHIL WCHELOR 280 Utah Streetr OAK SUPERVISO 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 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 Wrney 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 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 I wviemsr'*ts tap dM mm t>M, tax-M& AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD CONTROL AND WATER C0 SE VATION DIST Q June 24, 2986 Claim a� Cmmty. or Distr at yon it y governed by Wa Board of Suprrviml a Me Copt ee to Routing worsaments. and Board Ootids of lits aotico taken OD � b! Action. All Section rafarenoss ars Board wf 340,v1 0ocs rq Mlaw) to Oalifornia poverrment Codas given Prsuant to Govea"oment goes Sandal 3 and 11SA6 Please note au owerabare 4untv . Claistriti Judy Duchene •• Atteesisyi Jeanette K. Shipman aJUN 04 199E Sterns , Smith, Walker & Grell Addreat 280 Utah Street San Francisco , CA 94103 �,d Aaomts $1, 000, 000. 00+ ByHVi dwrCPliric sa May 28, 1986 Data BsosivCdi May 28, 1986 By ■aile postmarked an . erk o pe sora i Attacbsd is a copy of the above-Doted clata. Aatedi ane 3-19B-6—MM MTORLON, Clark, BY • M–S –Comty iMark'W the (Check ally one) �() 2W* claim complies substantially With Sections 910 and 110.20 ( ) lbis Claim yAIIS to ocmply substantially With Sections 910 and IM0.2t and we SM so notifying claimant, The Board oaanot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clark should return claim On ground that it was filen late and send tirarni of claimant's right to apply for leave to presant a late Claim (Section 911.3). patelli Bye c Duty ty in* s Clark of the Board 701 Cl) CoWnty Cormsal, (2) Cort, Administrator ( ) Gana Was returned as wnti=ely with notice to claimant (section SCl.3)• IT, 80M G1m0t By usani=ous Ate of 8uperviscrs present (y) 2Ws claim is r oj*ctad in iti]l. ( ) Others �e �Qthat r s ��s a true Correct Dopy th�e/ vs an Bath:sinyw4 iSSG "M BI 70MLOR 9 Mork. Oy %y . 16Put7 Qerk Yue M (00.. Code 910tion 913) SubJect to oer°tain esoeptions, you have only six (6) nonnths f om the date or this Ootids res Personally nerved or deposited in the call to fila a wart notion as Wag 01&1=0 Sm Government Code Section 915.6. TCU nay seek the advias of an att0 wy of 1mr ohoios in acial tton with tads eatt4r• 1f you Want to 000mat on attarmyt yaw shadd do so tamedistely• •. n0H& Clerk of the Board 'ms Q) Cmmrty Cou»s1I (2) County Ad=inistrator Attached are Copies of the abm claim. V* aotitied the claisaat of the Board'& action on this claim by MIlinng a Copy of this d00nmantt and a v=o thereof has bsern filed W aodarsed on the Board's Copy of this Claim in a000edanoe with Section W03• ( ) A w rains ce 's right to woly for lea=X/7 a lata Quin =9 wailed laTII1tt'o• gty . ? !m ZVOMN - r Mork I By — . laRA7 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 Oartinez, 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 claimInt is Judy Duchene 2027 Colusa Corning, CA 96021 RECEIVED 2. The address to which notices are to be sent . Jeanette K. Shipman 10'zf; LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PMLL8TCHELOR 280 Utah Street LERK TRA FSTAERVISOR San Francisco, CA 94103 By 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 JEANETTE K. IP A +�� Attorney - JV 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 wM o cl OREM t CLOW Mm U=Tr■ CXL +r r mom ALT= Clain Usinat use County, ar bistriatCor TO CLA24M June 24, 1986 60Vw ned by toric lbard of 6lu 'Stine OW orowument,wed to is Ste' ltauting tndorsamants f and Sorard MUG! of uw action takaa an alms by Abs Action, All Section refaranoes ars 20" at svervicar�r lwTo Dales} to Califor�nie Gownuent Codas Aitvm Prsuant to t o"ram�n t Code 3aatiao #t3 ani 9irj.6. tlllase nate e2,1 sltarRinpa. Claimststs Judy Duchene •� tr`puaty c4un'wj ltt mnsy: Jeanette K. Shipman Sterns , Smith, Walker & Grel l JUN 0 4 1986 Addremts: 280 Utah Street San Francisco, CA 94103 hand delivered ftwia4w Amounts $1, 00,0t000. 00+ by &&vary to elark an ` May 28, 1986 Ute >ieceirsd: May 28, 1986 By nail poetaarksd ao Mark of the Board XAttaitned i a copy of the ae bovepnoted elms.ryincre s Dateds June 3, 1986 PHIL Mfg"* Clarks by VXXI(Check only Dyne) s t } !lnis Claim Complies suWtantlaUy with 3matioos Imo and 91002. i } This Claim 'TAILS to comply substantially with Sections 910 end 910.29 and wa are so notifying Claimant. The Dowd Cannot act for 15 daps (,Section 91oia)i ( } Claim is not timely filed. Clerk shmdd return claim on ground that it Mas tiled late and send warning of Claimsrstts right to apply for leave to presasnt a late elaim (Section 911.3). ( } Others f1. #sated: i Dy: �put y ty $2. nam, Clerk of the board 79: Cl) CauntY Cancel, (2) County Administrator ( } Clain Wan retureed as untisely with natioe to alaimarnt (Section Sp1.3). ITi sun by wArAmous rote of Supervisors prrment (�C} !lslls claim is rsJectsd sa tall. t } Others I this fa-Id s dates a tr<se correct Copy +s en Dated: 9 !lilt bATCRCAp, Clark. by ' • bsRnT CIO* VA?OtTIIG (flovi trade Section 913) bib3wt to cas'tain "arption9t You have Daly air (6) sonthe firm the date at alis notice Was pw'sonally carved or depoe ted in the sail to file a own action oa thu alms* Of tiCvarOmmnt Code Seotitn 945i6i rattail y seek the advice dv ceat an t�Y at �` alnoios is c nnrctioa lith this tanney. Yvu should do so In"diatelyi •. nft Clark of the board Wo Q1 Coity Vcuwa# (2) County Adriaistrater aetlo Aann this aim byAm i catling aathe abaem Claim. We aotiried the alai�stnt et the board4s �d 6*rsed an the by OM of this doe:srseats and a mama thereof Asa 1�san filed eoDy of this Maim in a000rdanae with Section 2ro3. ( } to ftiftimantA 9rsrznirt of alaiaart*s right to awy !br leave to Sent a Tate alms was sailed WWI im-3 0 $fi lilZI. KTMLDR. Clerk, by - 1 it Deputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Duchene v. Contra Costa County RECEIVED T0: Contra Costa County MAY 19' 1986 Clerk of the Board POOP.M • 651 Pine Street PHIL BATCHELOR LERK B RD OF SUPERVISORS Room 106 c RA Martinez, CA 94553 cosTA B .. 4 De ur 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 JEANCITE K. SHIMAN Attorney for Claimant 3008-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 ; M (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 RT1 A eeyastP AM or com ) wMM, 01MwzA AND AS GOVERNING BOARD OF THE CONTRA .COSTA COUNTY FLOOD CONTROL AND WATER�z,CO SE VATION DIST Low June 24, 1986 main esinst the Cosnty, ar ovis"t s oaueen sd sods w 10 C1 governtd by the Board of SuP�isee's, � aopy flouting Vdor'sements, and Saard wtict of the action taken an your d! an Actice. All 9e0tian r.farsnots ars )bard at aver' tsars ewwrao n. Oalaw)v to'Califsarnia 0ovarnment Cod" given pirsuant to Goverment Coat Sectian 313 and 955.66 please cots Ili witaraitpa. Claimants Frank Duchene County Cu nsel Rttarmys Jeanette K. Shipman SUN 04 T986 Sterns , Smith., Walker & Grell gftrpss 280 Utah Street 4ftMftLPAAAU San Francisco , CA 94103 Anwnts $1 , 000, 000. 00+ >ttHatlidw+"lyl roPlie'Ism May 28, 1986 M ate lsOti Twit May 28 , 1986 mile posbarw an • ; erk o pe sons lot Comfy Lttached is a copy of the abovsonotsd olds. bateds Jere 3 , _lq&6L PM BATOELAR, Merk, By (__ J11&`J .. • VKHt y camil TDt Mark or um ft" or &kwFw;4Mw1w (C?"k only one) (X) Slats claim oomplies substantially with Sottas» 910 and 9L0.2. ( ) Jbis claim TAMS to comply substantially with Sections q10 and 910.1, and wa ar* go notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Maim is not timely filed. Clerk should return claim an ground that it was riled late and send warnsof claimant's r1ot to apply for leave to present a late claim (Section 911.3). ( ) Others band_ , cA, . l I , By: �� L��c C/�,�2 PAY C t�� J III. ZMMI his Clerk of the Doar'd 20, Cl) County Counsel, (2) Caonty Bdmiaiattstwo r ( ) Mals was retwood as unstisely with notice to claimant (34eetian 951.3). I9. 3DAR0 OTR my Uwnimous Vote of Supervisors present W lhis claim is re3ectsd in full. ( ) Others oarti y that-this-Is a true WO correct COPY the t o en sirnstfor this date. Deputy Clark Dateds JUNN 2 4 Qat; "n"n SI►raffi,014, Ctsrk. By . VA1l M (Gov. Coat Stctian 953) Slsbgect to certain MOPtiOns, YOU have only Six (6) months f am the date at this notice was per'sonLUY served or deposited in the axil to tale a court saticn an tons elms. Sot Govw=mt Cods 360t1ac ,915.6. Tou say seek the advios of an attmvey of your ahoios in ow.watian with this tatter. If you want to ooneult an atter Vey, you Shmild do so immediately. 1. >f1 Ms Clerk of the Board IN (1) Winty Counsel,9 (2) ftmty A&dnistratar Sttsdod are amiss of the above olds. Ve notified the e2simmt of the b amea action an this claim by sailing a copy of this doeuaeat, and a risme thereof has been tiled and endorsed an the Board's copy of this Maim in a00oroaw6 with Ssetian M703. t ) 1 warning of nlaisant•a right to apply for les, to to tt • tate slats waV atiled . DATEN JUN 3 (1.1986 _PM StT0MDR. Mark. ft 7ez-e�- . OtArt• clerk 00 Lc 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 a ' ' LAW OFFICES OF STERNS, SMITH, WALKER & GRELL ��s T� tO" 280 Utah Street LFA TRA v TAe �so San Francisco, CA 94103 er . L1 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 JEANETTLeK. 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 ; y (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 P/D UAIX eft rr sirmtP m or On opm Garms Ou.VONZA • �.� M Main Wnst the OmmW, or IOWA 8MM 20 Jun 24, 199886 governed by the Bard Of .9uparvisa'a• the eoy'f Routing R dwsamts, and Board aotios of the action taken ao your I by On Action. All Section rerwwanorr ars Saeed of ftwovlmv 0arapsph IT# 6"), to Calitorrds Govwnuwt Oodes Aiesn pursuant to Govarmment Cods asotion 913 and 915.1. !lease note all q��unty Comw Clai�tr Frank Duchene ,. Attorneys Jeanette K. Shipman JUN 0 4 1986 Sterns , Smith, Walker & Grell � ( Addraast 280 Utah Street San Francisco, CA 94103 hand delivered Aammts $1 , 060, 000. 00+ By delivery to clerk an _ May 28 , 1986 Ate Bsosivadr May 28 , 1986 By mull, postmorked an 1W.—Clark Of ;e sons lot WEE1, Attached is a copy of the above-entad dein. natedt June 3, 1986 PM Sk?CHMUM, Mark, By pttty • = Y = (Check only one) �) This claim oomplias substantially with Sections 910 and 510.2. ( ) This claim !AILS to ocmply substantially with Sections 910 end %0.2, sed N ars so notifying claimant. The Board oannot act for 15 days Motion 910.8). ( ) Mai■ is not timely filed. Clerk should return claim cc Paa:d that It was filed late and send warninngg of claimant's rl&ht to apply for leave to prwsnt a late claim (Section 911.3). ( ) Others -BY: u puny munty III. ll Wi Clerk of the Board TOr Cl) County Oouisel, (2) County Administrator ( ) Main was retuned as untimely with notice to claimant (Section 911.3). If►, SDAMD By WALniamm; vote of Supervisors pewsat (X) This claim is rejected in frill. ( ) Other: OWU?Y—that this Is a true iM correct Copy of the Board'a Order w ad e� fqr this date. _Datedn TUN 2 4 )98R P m= BIITLM .M, Clark, By � . Deputy Clark YAlOi= (Oov. Cc& Section Sia) Object to certain exceptions. Ian have only ai: (6) months few the ditto at tato botioe was personally screed or deposited in the nail to file a oo:rt nonce as tKO alala. ass Govw=wt Coda Scotian 915.6. Tau Cay seek the advice of an attorney of lour aholoa in comma IM 111th this Metter. If you want to awmat an attorerY, you Wmdd do ao Impedlately. T• VBDrl: Clerk of the Board TOt (I) Oasrty Oamelr (2) Y AdmirAstratar Attachted w copias of the abaft elms, we notified the 62alwat of the Board's action an this claim by sailing a copy of this doonaneat, and a memo thereof ha, Ogee: filed Md sndarssd m the Board's copy of this Clalm in a000rdaaoe with Section 28703• ( ) A wu mIng of claisunt•s right to apply for leave a late alms was sailed Ou &L=S! U q4 7— S►11--, Clark, OspLny 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 I"AYo25 1986 Clerk of the Board 1,00 P.rn. 651 Pine Street PHIL BATCHELOR LERK t ARD OF SUPERVISORS Room 106 c TRA COST By ..A �ty 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 SHIPMA 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 ; 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 ; (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 0T cm O mm s atl.1lMA AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD ---�' -- CONTROL AND WATE 0 S VATION DIST Gain Wtwt the �tys or AU !C Q.L4lA1R June 24, 1986 Sovera�ed bf the no6rd of supervinme the copy a ea ed `ow Is Par pouting 2ndocsemental ane bard Notice of the action taken = lona b! Abs Actlea, All Section refartinow aro Ww%d at �'eisors �lb IT& �t to California 0ov_e_rneent Codes Sivas Prvaant to Government Code s.otiDel !i3 and 945.4• 716626 note all mitaeuiW. Claimants Gerry Nishumura ;n+lmyCOUW Attartseys Jeanette K. Shipman 0 4 1986 Sterns , Smith, Walker & Grell Address 280 Utah Street eelllrJ . San Francisco , CA 94103 H d li ere d Aso:aats $1 , 000 , 000. 00+ ivaa�ry 'o ai6rk m May 28, 1986 sail Date seadod vs May 28 , 1986 Bye Postaarw an . VW.—. —Merk if Board of KipeFROWS : y Attached is a copy of the above-noted 01aia. nateds June 3- -198-6-W= W01EWH• QWks : y : ar of , (Check only one) ( '1Lis claim oamplies substantially with sections 910 dead X0.2. ( ) 7is claiio FAIIS to amply substantially with Sections 110 mid 910.29 and we suns 4 w notifying claimant. The Board owmot set for 15 days (,Section 910ol). ( ) Clads is not timely filed, Clerk should return claim oda V%mnd that it Was !Sled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others Rated: uL� By: ty CiFrM 3n VW: Clerk of the Board To: Cl) Coasaty Coisamle (2) County Administrator r ( ) Claim w returned as uatleely with notice to claimant (Section 911.3)• Iv. Mw O1lLlA by umnisaa vote of supervisan present (x) two claim is resected to tui!. ( ) Others y Ahathis Is a true iR correct copy 'a ordw W%Fa In Its maims for this date. nateds JUN 2 4198Nn DiATCFMMq Clark. joy �� . *My Clark VAN= (0ov. Coda section 913) sub36ct to oertain exoeptiacat you have Only six (6) manths fay the date a< lois node* fts per'soeally OWIW or deposited in the sail to file a cart soticn Cao We elate. sob 0overr Ont Code sectiDn "5.6. Iou nay seek the advice of an attaartry of jar alacioe in 0anra6etion rith tlns Patter. If !aa want to consult aro attorney. M should do so i®edistelye v. nm, Clerk ct the board >Ds a) Ow.0ty Counsel, (2) Camty Admirdstaltor Attached are copies of the above claim, We notified the eldnent of the Sam's action on this claim by mailing a Dopy of this docame>,tl and a mwzo ttwoof has aeon filed Ond endorsed on the board's ropy of this Claim in a000edarae with Section 29703. ( ) A montng of claimant's right to way for Isave to,jr0sient a late claim w Failed n�lrm:tJ n 19'6 _tom, s►raia,oe� Clerk. By . nepasty 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 C 1000 Barbara Lane San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is: MAY 1�i986 Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHIIB TCHEIOR 280 Utah Street ` C, ON OST San Francisco, CA 94103 L 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. S PMAN 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 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 lit op m2yutaL! Rs or wA mom. cum-mm Maim Wjwt the Ooanty• or bistriet • CC 10 CLAD= June 24, 1986 goverasd by the Board of suparvisars. 2b W" • ocsmen ad to Ss 7' lioutint VZorsamentes and Board metioe Cf the action taken on lour 010101 by the Acticc, All section rofarenoas an bmrd of Agerdsors aawrwh IT# Wm)t to California Government Codes give O �5.'6 Fift" Coma alit 0 m �3 rnme Maisannts Gerry Nishimura County COunW Attormsys Jeanette K. Shipman JUN Q 41986 Sterns , Smith, Walker & Grell Addresas 280 Utah Streety� San Francisco, CA 94103 hand delivered Avmmts $1 , 060,000 . 00+ yy delivery to Clerk an May 28 , 1986 nate Reoedwds May 28 , 1986 VY Milo postmarked an . erk o pe sows s y Maim Attached is a copy of the above-noted Claim. _ Datees June 3, 1986 p, BATOffiAR, Clarks BY Me THOM: y Camel TDs k �/ (Check only one) C> ) Ibis Claim o®plies substantially with Sectioers 910 and 910.2. ( I IWO Claim TAMS to oceply substantially with Sections 910 and 910,29 and ave Ora to ratifying claimant, =be Board Cannot tet for 15 days (Section 910.6). ( ) Maim is not timely filed, Clerk should return Claim on Paasd that It was filed late and send rrarai of claimantfs Kitt to apply for leave to present a lata claim (Section 911.3). ( I oun rl Hated: i By: �x�� petty Ey cwwl III. Vin Clark of the Board 20s (1) CoJbty Counsel. (2) Consnty Administrator • ( I Main wen returned as Untimely with retice to Claimant (Section 911.3)• 2Y. 10AY0 By unarnimove Ate of Supervisor prsant QU 2hts Claim is rejected in fel. ( I Otbers Cart y the s Is a true ia oorrect oapy or the Boardts 0140 entered in Ara a rotes for this date. bated: JUN 9 .4 inn, RM BAT MM, Clark, Bww� y '> Q,G� . Deputy Clark YA10M (cove One. section 943) anbJeot to oertain C=eptioas, 7w bave aaly sis (6) month fr® the data or tats motioe was p 6wally served or deposited in the mail to file a 0owt action an this 01812. ase Government Code section 945.6. lou Cay seek the advice of On ettorusy Of low Choice in oornrneetion 111th this tatter. If you warm to OMMAt ars attor'wyo You should db so immesdiately. 7. pllOhl: Market the Board IDs Cl) Oarrnty awmeall (2) Coanty Administrator Attached We Copies of the above claim. We ratified the Claimant Cf the Boardgs action an this claim by mailing a Copy of this dooeaDmt, and a memo thereof has been filed Cnd eendarssd On the Baard's Copy or this Claim in t000rdarnoe with section 29703• ( ) A vwminng of CLimant9s right to Wy rw Ift t a IOU 0laim was 01ailed ��sth. �9f3ii lB3L SITQGLORo Clark, By YV OsPrty Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et s re: Nishimura v. Contra Costa County TO: Contra Costa County MAY"n 1900Clerk of the Board X00 P.PA.PH;L SATCHftG651 Pine StreetRoom 106 [RECEIVED 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 - JEAN E K. SHIP N Attor ey for Clatfhant 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 ; (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 IDUM OF dM COCA omm• aLumn AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD — CONTROLAN WATE 0 S VATION DIST Main Wwt the �yo or f to CILAIN tf! June 24, 1986 Wr sows: by ufe Board of supsrvisora, line onD7 adocubmt muled to ion L �edr 11outiAg pdorsemomts, and Board MUM at the notion taken on 7mr elate by wo Action. All section referenoas are &wv of supervisors (parapvso IV balm to California Government Codes =000 given Prsuant to Goverment Code leCtioda 3 and 915.1* tiease note all eilarait�p'. Claisantl Charles S. Nishimura •• CountyCoursai Attoevseys Jeanette K. Shipman JUN Q 4 1986 Sterns, Smith, Walker & Grell Addrawas 280 Utah Street laaastl San Francisco , CA 94103 $1 , 000, 000. 00+ �Hanaialir� an Ma.y 281 1986 i din is�T'77 Pat* BeodVodl May 28 , 1986 By sail, poetsarksd m :--Mork o pe sora log Comfy maim MEN Attached is a copy of the above-noted claim. Dateds .Lune 3 . 198EHM MT M09 Clerk, W Pp7 Is y Counsel TDsClark—W UW. Board cc 84pervia" (Check only one) (/V 'Isis claim onmpSiso substantially with sections 910 and 910.2. ( We claim TAMS to oomply substantially with sections 910 end 910.2, WA ws are so notifying claimant. The Hoard cannot act for 15 days (section 910.0). ( ) Claim is not timely filed. Clerk should returns claim on Vvu nd that it w tilad late and send warning of claimant's riet to apply for leave to present a lata claim (Section 411.3)• ( ) Others Bated: t ¢ By: Putt ty in, tk?i1 Clark of the Board 301 Cl) County Counsel, (2) County Administmtor I Maim was returwd as untimely with ootioe to claimant (360tion 911.3). I1T, IDAND GRD By unanimous Ate of supervisors presant (X) !lets claim is rejected in full. ( ) Others certify Ust this Is a true im correct Copy a the Boardto Order antarW In 1W aie�a1jrl*is date. ailed: UW RM BATOI AA, Clerk, �r ��Olrkz-e�z�—v• Deputy Cleric VAIN= (Gov. Cc& Section 413) sAjaot to ossrtaia 41=WPtioas, you have oily Biz (6) amtbe the the date or lois notice Was personally sarvad or deposited in tha:sail to file a court action an tial& alms. Sod Goverment Code lection 915.6. !Cu nay seek the advice of an att may of your Choice to OCNIMtion Idth thin Batter. If you Want to consult on attorney, yvu should do so tamediately. .. WEEMENOMM T. !leis Clerk ct the Board 7C1 Cl) Co ay Cos»el, (2) County Administrator Atta&ad are copies of the above claim. Ile ratified the ds gust of the Board's action on this claim by sailing a copy et this document, and a servo thereof has been filed and endorsed m the Board's Copy of this Main in boomtsnos with section WOO ( ) A darning of claimant's rift to apply far leave t t Sate alms M3 nailed AST®:laJ Alaimnm IM 1UTOELOR, Clark, By 7 . Defluty Clerk 1 - 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 claiman Charles S. Nishimura 1000 Barbara Lane San Pablo, CA 94806 RECEVED 2. The address to which notices are to be sent is MAY Jeanette K. Shipman X986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL HIIB C ELOR UPE ARVI50 \ 280 Utah Street . NTRRD SUPERVISORS O TA 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 JEANS,ft K. SHIPrON Attorney for Claimant 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 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 ; (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 v - aLLIN ern Or m" or MK Mn a ns numa- IA Salm A� Claim Wrat the Owmty, or bietrlet iCh; !0 QLIMh3 June 24, 1986 gover9ed by ww board of Supervisors, !bs copy or lata Qocnow muted to Im is las' Routing Qoor•samente s bald Dwrid notice of the actice taken an low aunt by thr Action. All station referenoes are Soard at ftw-do" (Par v%* Two ala). to Califarrnia GovaTent nodes Shen purest to Government Coat section 913 — - and 915.4. !lease note all •i srntw e Claifaats Charles S. Nishimura r.0untyco0" Attaemsys Jeanette K. Shipman Sterns , Smith, Walker & Grell JUN 0 41986 Addrtass 280 Utah Street San Francisco, CA 94103 hand delivered •'�RtDBL�, isowts $1 , 000,000 . 00+ By delivery to clerk an _ May 28 , 1986 bate Desi Wed: May 28, 1986 by moils postsarkad an arkBF the Board of SUPeftiMM 152 ORRY Attached is a copy of the above-noted alms. Salads June 3, 1986 "M BATOE ,pR9 Mwks Dy s Y c4unsel rD&L (Check only one) ( ?lits claim o®plies subotantially with Sectiaw 910 arnd 910.2. t ) Two alslirs TAII.S to ocmply substantially with Sectiones 910 and 910.2, and we ata so notifying claimant. The Board 0annot act for 15 days (Seetim IMO.d). ( ) main is not timely filed. Clerk should return claim m Q'mrA that it was tiled late and send wRr•niof claimant's right to apply for leave to present i late claim (Section 911.3). C ) Others Hated: =L III. 11b4i; Qerk of the boars ?Ds (1) ty Cassels (2) Casty Administrator, ( ) Gain was returned ss mutely with aotioe to claimant (Sectim 911.3)• r►. Bad By ssanimoia vote of anperdsare present {)C) Thin claim is rejected is Lull. ( ) Others yAhaMiri s s a true oorrtet oo�py Doa:d a an is Mnf te. 14P nateds 1986 s SRM SI►TMELOA s Clerk. By el . nieputy Clerk UAW= (Gov. Code awtim 913) Object to oartairn exceptions, you have wly six (6) months from the date at lata aoti0e was W*wJL lY served Cr deposited in the mall to file a court actim aQ tats alma. aro Government Code 3e0tim 915.6. You nay seek the advice a an attorney of Yat ahoiee in Cm a, ,tuft Vdtb thus mater. If you want to consult an attamayys yyu W=dd do so itmedistely. 7. "!s Qerk ar list Board IN (1) County Reels (2) Coenty Administrator Attached are copies of the above calm. We notified the elaimarnt at the Soard's action on thea claim by salling a copy of this docsmts and a memo tlserrof holt sten filed and endorsed m the bmwd'a copy of this Claim in a00ordanoe With section 29703. ( ) A cl waarrniinng�or alatatnt•a right to apply tar leave t a late aim was mailed 4l2'IDs�.1UlV ? n 1Q0a VM SATQO3ARs Clark, Sy `I Stptnty Qerk i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et se . re: Nishimura v. Contra Costa CountyRECEIVED !`�T"rpm + C tt V ED TO: Contra Costa County MAYai' i?86 Clerk of the Board Itod PM 651 Pine Street tezK R"asaf r"'L°- : . Room 106 r Martinez, CA 94553 °-i:' ios 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. 1 SHI AN Attorney for Cl mant 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 r~ 11 wrrmws or dM Cum SaiZa t'AL.Ii M low— Clain ,y� or bistrl q► !p CLAD= June 24, 1986 governed by the Board of Supeu-einni q s ocJM Fled to Ton is lois' clouting wow"mentse and Soard notice the aotian taken ac 3mr Casa by flit Action. All Section refwnoas Sea Board of &VWVIMV oaravwh Iva ww), to California Qownuent codes aiyen pursuant to QoywMant cods SWUM 113 and 415.56 !leas• note all asarntwocou* ORMSM Claimants Brandon Nishimura, a minor JUN 0 4 1986 Attammys Jeanette K. Shipman alar L Sterns , Smith, Walker & Grell Address: .280 Utah Street San Francisco, CA 94103 hand delivered ! Anounts $1 , 000, 000. 00+ lilt dsliwry to Clark an _ May 28 , 1986 Date Seosi VW: May 28 , 1986 By Sail. posbsarked m ark of the SRFd o pe sora toi arwNy Mao Attaehsd is a oopy of the &boys-noted QUis, . D•,teds June 3 , 1986 PM SA?OELO t, Clark. Styr = Y Counsel IN Q4rir0r)U1w-1ZOw' %d cc (Check only one) (�) This Claim oamplies substantially with Sections 910 end 810.2. ( ) lois claim TAILS to o®ply substantially with Sectioes 90 and %0,2v and w8 ars so notifying claimant. The Board oannot act for 15 days (Section 410A). ( ) Claim is not timely filed. clerk should return elaim an ground that-it w tiled late and send w rnin� of claimant's riot to apply for leave to present a late Clain (Section 411.3). ( ) otbore Dated: Sy: L-r pAY ty IIIc M!: Clerk of the Board 70s Cl) h Cassel. (2) County Administrator ( ) Clain was returned as untisely with nvtlae to Claimant (Section 9 ,1,3). I9, w= ORD'Dl By unanimous Ate of Supervisors percent (�) !'ds Claim is rejected in full. I ! tai sUds dates a true correct copy the Board+a en is ihtad%fte2 ad: 19 RM SATOMLM, Mark. sy - �,/�� 9ep3ty cleric rAMM (0ove Code Section Iia) Subject to oartain esaeptions. you have only sig (6) nontbs ftp the date Cr this notice was personally sarved or deposited in the nail to file a Court aotim Cc this Gals, See Goyarment Code Ssoiioo 945.6. Ton Say seek the advice of an attammy of jar Choice in Com»ctIm with this ratter. If you sant to consult an attorney�should do so immediately, •, !liDMs Clark of the Board IN (1) County Comtel, (2) Canty Administrator Attached are Copias of the abme Claim. We notified the Claimant at the acardia action an this Claim by nailing a Copy of this dooueeentl and a moo thereof has Over, filed And andarsed oo the Board's Copy Cf this Clain in a000rdanoe with Saaetion 29703. ( ) A mrair t of Clatuntls Mot to at. pply lbe� leave to t a � late Clair was wailed i1lTID: •lUN� 14RF m SlTMM. Clark, sy ° �`� • DePut7 Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nishimura v. Contra Costa County 1RECEIVED TO: Contra Costa County MAY1S( 1980 Clerk of the Board 1 :00P./K. 651 Pine Street PHIL BATCHEl07 Room 106 c T;:„C.,5T , 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: 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 JEANE TE K. SHIPMAN Attorney for Claimant 3021-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 ; Y (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 As pA� a4tsm or rcop ir+ W w—M MO. QLAN erL► AND AS GOVERNING BOARD OF THE CONTRA .CQSTA COUNTY FLOOD _ CONTROL ANpp WATE�t_ �0 SE NATION DIST Q1D�f June 24, 1986 Clair Wrest the Ckxr ye Cr Dia�tridt goverwd by the Board of Superrisorst "a Copyat-we dwoment�-31ad to �pn is �o1a' Blouting BD Awsementa, and Board motion of the action taken tin yet alms by tis Action. All Section refwmnm ars fterd of avo-vis" earayab IT b") to California Government Codas send 9.5.tvw 0 riew note all n2l"P°° 3 Claitants Brandon Nishimura, a minor County CMSBJ Atkrj"t Jeanette K. Shipman Sterns , Smith, Walker & Grell JUN 0 4 1986 Amoss 280 Utah Street Amounts San Francisco , CA 94103 481b�Handi a4lijjr&" m May 28, 1986 � $1,000, 000. 00+ ash �'7 Bate Seoeived: May 28, 198 6 By Mile postaarked an ; • erk of lot cainty Attached is a copy of the above-acted *itis. Bated& _June 3 . _198_6_ PM B RTOELOR. Mark. ly P'0�� : y + Mark W W Board CC (Check only ossa) (�) This claim ocmplies substantially With Sections 910 and 910.2. ( ) This claim !APES to comply substantially with Sections 920 and 910.2. and We srs so notifying Claimant. The Board Cannot act for 15 days (Soctioo 910.4). ( ) Maim is not timely filed. Clerk should return Claim an VVund that 1t w til*d late and sena Ernin� of Claimant's rift to apply for leave to pvsent a late claim ()cation 911.3). ( ) others Dateds c 2 . Dyr L' l - ! putt ty 3m !BION: Clerk of the )Board 201 Cl) ty Counsels (2) County Administrator 0 ( ) Main was returned as untimely With notice to claimant (,Section 911.3). IY, Mw BY esMrAWW vote of Suparvisors present (A !his claim is rejected in ftill. y that this Is a true im oorrect copy �(f �=the 's en si for this date. of • Daiads SUN 2 laQL hon. i�►l'QE.OR. Mark, >!ir a Bl"a Clark VAN= (Gov. Oiode Section 913) subject to Camara asaepticeas you have only 8131 (6) months the the date or ibis *Circe ssas personally served or deposited in the tail to file a court action to tbia claim- See Government Code SeCtiao 945.6. You gay seek the advios of an att mmy Cr;yar &0100 in connectIan 111th this Latter. If you want to consult so mw�an attamny, 7cu should do so immediately. T. nMi Mask o4' the board SDs Q) County 000W1e (2) County Administrator Attached are Copies of the above claim. Bre notified the Qlaiaant. Cf the board's action an this Claim by sailing a Copy Cf this do0awt j and a servo thereof has been filed and NOdaraed an the )bard's Copy CC tibia Claim in a000rdw m with section 29T03, ( ) A wat�ng�of *laimaat•s riga to way rw leave t ato lmte *laic fts sailed bk=3 ATR 3 19Af BSI. aromms Mark, By 7ez • 41-1 Clerk r 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 claim7t is: Brandon Nishimura, a minor 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 1.1A A986 Jeanette K. Shipman LAW OFFICES OF (, GMl ' FSUOR eo STERNS, SMITH, WALKER & GRELL t 1 1R FSi�PERV� RS 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 JEA AttUney for C imant 3021-C l 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 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 BOARD GF soP®tnsm of dMW ODSTA aIuPP1', C&MU NIA AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL BARD ACTION claim Aping CONSEY. or l.aaISTRICT XiCE 10 ��W June 24, 1986 - governed by tthee Board Gof Supervisors, )! The copy a t ed to you is your Routing Madorsementa, 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 wNarnin'W e Claimant: JOE ESTRADA '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. : 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 owl s : II. FRONT: County Counsel TO: Clerk ov e Board or Supervisors (Check only one) (,K) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / By: Deputy County Counsel III. ihtOM: 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 (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 sdnJUN J 4 the date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WAMM (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 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 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 ent a late claim was mailed to t DATED: *9 PHIL. BATCHQAR, Clerk, By Deputy Clerk ao: 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 . hti 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 SA CHELOn ��pARD PERVI STERNS, SMITH, WALKER & GRELL �EA�N°TRA TACO. 280 Utah Street L r` �"1�\� 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 IY1f-✓\ 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; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Estrada 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 /LS cum BOARD GF SUMVISM OFdNM CMA CMM, CEMOM BOARD •CrioN Claim Against the County, or District ) YMCE TO C[.►1!lW June 24 , 1986 governed by the Board of Supervisors, ) The oopy of this d=XWnt =110d to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Goveisment Code Section 913 and 915.4• Please note all wWarnings". Claimant: JOE ESTRADA Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street . g a Amount:: San Francisco, CA 94103By delivery p Cj ekCed May 27 , 1986 $1 , 0001000 . 00+ Date Received: May 27 , 19.86 By mail, postmarked on I. FROMt Clerk oT the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 19 8 6PHIL BATCHELOR, Clerk, By VDeputy II. FROM: County Counsel TO: Mearkof theBoardafSupervisors (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 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: Deputy County Counsel III. FI& 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 t Board's Order entered in its minu}�tt� 3241986 for this date. / Dated: JU� 2 4 1986 PHIL BA7%MOR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to oertain exceptions, you have only six (6) months from-the date of this notice was personally served or deposited in the mail to file a oourt 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 matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in aocordanee with Section 29703. ( ) A warning of claimant's right to apply for leave ent a late claim was mailed to claimant. DATED: JUN .1 n 100r PHIL BATCHQAR, Clerk, By Deputy Clerk 00: County Administrator (2) County Cbunsel (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 c/o Carlos Auto Wreckers RECEIVED 51 Parr Blvd. Richmond, CA 94801 MAY a-7 i,ogr 2. The address to which notices are to be sent is ] Jeanette K. Shipman PM IL BA CMELOR LAW OFFICES OF LEAK ARD F PERVIs s TRA TA STERNS, SMITH, WALKER & GRELL B •• � • . . . 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 SH Attorn for Claini t 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 CLAD! BOARD OF sDPERVISoRs OF Am cogn agm, camazIA - DDARD ACTMN Claim Against the County, or bletriet ) NOTICE TO CLADUN! June 24 , 1986^ governed.by the Board of Supervisors, ) The oopy of this d0mlmt 818116d to you is your Routing Nndorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (paragraph 111, below)• to California Government Codes ) given pursuant to Government Code Section 913 and 915.A. Please rote all wWarnings". Claimant: DELORES J. KARNES Attorney: Jeanette K. Shipman Address: Law Offices of Sterns, Smith, Walker & Grell 280 Utah Street Amounts San Francisco, CA 94103 deligaverY Jo C� •k,d May 27 , 1986 $1 , 000, 000. 00+ 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 , 19 8 6MIL BATGM.OR, Clerk, By Deputy II. : County Counsel its: Clerk of the of Supervisors (Check only one) V) 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 J 977, By: puty County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present QQ This claim is rejected in full. ( ) Other: I certify gthat this is a true and correct copy of the Board's Order entered in its � �V 4 19 6 s date. Dated: HIL BATaMOR, Clerk, By O • 4�t , Deputy Clerk WARNING (Gov. Code Section 913) Subject to oesrtain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in oonnection with this matter. If you want to consult an attorney, you should do so immediately. V. FAOM: Clark of the Board Ms (1) County Cosa:sel0 (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 leaveent a late claim was mailed 6WOntDAT®:� 0 986 PHIL BATCHE[AR, Clerk, By , Deputy Clerk ft: 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 d7 1986 651 Pine Street IVSS4 M Room 106 PHIL BATCHELOR t-VIERK 8 AM OF FM:!,OL: Martinez, CA 94553 6 c TRA co A 3 . rk 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 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 JEANKTtE K. SHI N Attorney for Cla mant 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; r 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) 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 CLUM HOARD OF wpowisms OF dMM cosrA comm, cA mmiA AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL NDM ACTM Claim _ A�D�YJAi�R CONSERy;AWOIfl.D�ISTRICT .i� ,A CLAIVA" June 24, 1986 governedAd by tthee B and oof Dl T.ors,, J) 7w �y a t ed to You is �a Routing b-AarsementaI and Hoard ) notioe of the action taken an 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 aWarninW Claimant: DELORES J. KARNES 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 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 BATCHEIAR, Clerk, By LDeputy Cath owl . II. : County Counsel 10: Clerk or the Supero cors (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: Z47-7 By: c �-4&C. Deputy County COtnsel III. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. HOARD CORDER 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 min�gs for this date. Dated: �. N 2 1qQL.PHIL BATMELOR, Clerk, By , 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 connection with this utter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 10: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordanoe with Section 29703• ( ) A warning of claimant's right to apply for leaveto present a late claim was mailed to t. DATED: A`► 1 ►) 1oR, p.L BpTQ�L,pR, CSerk, 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 RECEIVE 11 Parr Blvd. Richmond, CA 94801 MAY D-71986 2. The address to which notices are to be sent is: Jeanette K. Shipman PHIL BATCHELOR LAW OFFICES OF ( LER Riu°►c APE�ISOAS STERNS, SMITH, WALKER & GRELL Br "' lOpaer� 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, plusan 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 9&'L�Is 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 BOARD OF svP®tmwRs of dRA OOSTA mON'!T. GLIFwIA BOARD ACTION Claim Against the County, or District ) WMCE Ta C[.AIt'IW June 24 , 1986 governed by the Board of Supervism , ) The oopy of W—sld—w��t Oled to You is yaw Routing Endorsements, and Board ) notice of the action taken on year otlaim 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 uWarnings". Claimant: THOMAS JORDAN Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street San Francisco, CA 94103 Hand ddelve ed Amount: $1 , 0001000 . 00+ By and to c or�C on May 27 , 1986 Date Received: May 27 , 1986 By mail, postmarked an I. FROM: 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 the Board of 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 Board cannot act for 15 days (Section 910.8): ( ) Maim 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: r / By: c c �. .Deputy County Counsel 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 OMER By unanimous vote of Supervisors present 0() This claim is rejected in full. ( ) Other: r I certify that this is a true and correct copy ofBoard's/Order entered in is minutes for this date. C/�� C_ Dated: JUN 2 4 128L.ML BATCHELOR, Clerk. By SjY , Deputy Clerk WARPM0 (Gov. Code Section 913) Subject to oartain exceptions, you have only six (6) months from the date of thio notice was personally served or deposited in the mail to file a oourt action an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in 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 Coa:sel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leav tq7present a late claim was mailed to �,}aimant. DATED: �uIV n 14RR PHIL BATCHELOR, Clerk, By , Deputy Clerk (�_ �: County 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 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. b"Richmond, CA 94801 ECEfVE 2. The address to which notices are to be sent is: MAY-,)-( 1966 Jeanette K. Shipman LAW OFFICES OF PHIL TCMELOR STERNS, SMITH, WALKER & GRELL Cl OAR o suvEav s 280 Utah Street JNTiiA 08 c b 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 JEANEtpt 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 CLAIM BOARD OF SUMVISORS OF 03M COSTA CCDM 9 CALIHCiEA AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL BDARD ACTIW Claim Against NS OSy, inazMaz aI T ICT 70 June 24, 1986 governed by the Board of Supervisors, ) The copya t ed to You is your Routing Endorsements,, and Board ) notice of the action taken on your alms 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 415.4. Please note all wWaMIW. Claimant: THOMAS JORDAN Attorneys Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 200 Utah Street San Francisco, CA 94103 Mind delivered Amount: 5110001000 . 00+ By very to clerk on May 27, 1986 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 , 1986 PHIL BATCHELOR, Clerk, By __" Deputy Cath owl s . II. FROM: County Counsel TO: Clerk orthe Board of Supervisors (Check only one) (/,,4 This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 6,,k.C:.- By: !� PAY County Counsel v 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 SER 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 i4Q& PHIL BATCHELOR, Clerk, By Deputy Clerk VARKIM (Gov. Code Section 913) Subject to oartain exceptions, you have only six (6) months from the date of this notice uss personally served or deposited in the mail to file a court action On this claim. See Government Code Section 915.6. You may seek the advice of an attorney of yaw choice in connection with this utter. 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 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 , Mt a�laate claim was mailed to aimant. t ) • 3� i'_-t�C� DATED: Jl I n igAR PHIL BATCHELOR, Clerk, By , Deputy Clerk ac: County Administrator (2) County Counsel (1) • t Ii 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-4-( 1986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHIL BATCHELOR 280 Utah Street CLER OAR SR NIR STA Co. San Francisco, CA 94103 � nc •• tr 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 JEANETn% 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, 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: 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 CLAN BOARD OF sOPBEtV7 sms GF OBRA ODSPA comm. CAL =---IA AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL Claim _ ANDD tATER CONSERRV'ATIOB DaISTR1CT IMCE 70 June 24, 1986 governed by the Board of &WvIsora, ) The copy a t ed to you is your Routing $ndorsementa, and Board ) notice of the action taken an your claim by the Action, All Section refereinoes are ) Board of Supervisors (Paragraph IVs below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all WarninW e Claimant: MARGARET NELSON Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Greil 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. : Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim`. nn Dated: June 10 , 1966 PHIL BATCHELOR, Clerk, By Deputy -"mw'Cathy KAowles II. FROM: County Counsel 7:0: Clerk of the Boaird of Supervisors (Check only one) (110 This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to amply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimants right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated By: u � x_Q-Deputy County Counsel III. FROM: Clerk of the Board TO: (1) ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 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 minutan.for,tbis date. Dated: JUN-f" Cyt 5 PHIL BATCHELOR, Clerk, By Deputy Clerk VARNIZIG (Gov. Code Section 913) Subject to osrtain exceptions, you have only six'(6) months from the date of this notice was personally served or deposited in the mail to file a cart 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 Boards copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave to prvsent a late claim was mailed DATED: n 1986 MIL BATMWR, Clerk, By Deputy Clerk cc: County Administrator (2) County Counsel (1) 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 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 TCHELOA OARD San Francisco, CA 94103 �L K MT RA FST PE O. 6 B � 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 JEANE 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; r y 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 �. S GLUM BOARD OF SMWVISORS OF COW STA COWM, GLII+OidPIA BOARD ACTION Claim Against the County, or bistriet ) yMCE TO C.AIMM June 24, 1986 governed by the Board of Supervisors, ) The copy a led to you In your Routing Endorsements, and Board ) notice of the action taken an your claim by the Action. AU Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Goverrment Code Section 913 and 915.4. Please note all wNarnings". Claimant: MARGARET NELSON Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street San Francisco, CA94103By dell.Vary 0 or on May 27, 1986 Amount: $1 ,000 ,000 . 00+ . 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. Dated: June 10 , 1986PHIL BATCHELOR, Clerk, By Deputy II. : County Counsel TO: Clerk hvthe Board of Supe:ry cors (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 Tiled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3)• ( ) Other: Dated: , By: `-z_ «C y County Counsel III. : Clerk of the Board 70: (1) Couniy 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 refected in full. ( ) Other: I certify that this is a true and correct copy of the Boards Order entered in its min or this date. Dated: 4 1986 PHIL BATOMOR, Clerk, By Deputy Clerk MUMI iG (Oov. Code Section 913) Subject to certain exceptions, you have only six (6) abnthe flrno the date of this notice was personally served or deposited in the mail to file a court action on this claim. See 0overcment 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 claimantva right to apply for leave en a late claim was mailed to aimant. DATED: 3 0 1985 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: Margaret Nelson c/o Broadline Corporation 81 Parr Blvd. Richmond, CA 94801 2. The address to which notices are to be sent i JRECEIVED Jeanette K. Shipman MAY a-1 LAW OFFICES OF 1965 STERNS, SMITH, WALKER & GRELL 280 Utah Street PHIL C ELOR UPER 1s s � 'tT San Francisco, CA 94103 �e'K v ACQ.. e� a0 3. The circumstances which give rise to this claim occurr'id 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. SHIPMJW Attorney for Claimant 3505-H i 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 CLAD4 BOARD OF SDPERVISMS OF ONM COSTA ODMM. CALEUNIA AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL BARD ACTIOR �� _ A�1 y�ATFR 6ONSERy. ooeiO�i_D�ISTRICT ,I� .� CL&IMW June 24, 1986 governed by Lthee Board of gup�iD1 T.Pao�rs t 'J � copy a t ed to you is your Routing Endorsements, and Board ) notice of the action taken an your olaim by the Action. All Section references are ) Board of Supervisors (Par&8rraph No below), to California Government Codes ) given pursuant to Government Code Section 913 Claimant: JOSSIE J. NELSON se and 915.4. Pleanote all ■WarninW. Attorney: Jeanette K. Shipman Address: Law Offices of Sterns, Smith, Walker & Grell 280 Utah Street San Francisco, CA94103 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. FROM: Clerk of the Hoard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ( 0 Dated: June 10 , 1986 PHIL BATQHEAR, Clerk, By l 'JN , �,v. 2a,n_ Deputy CathHlowles -. II. : County Counsel 70: 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 910.29 and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: puty County Counsel III. FROM: Clerk of the Board 70: (1) County Coutisel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). N'. BOARD ORDER By unanimous vote of Supervisors .present (�1 This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of theBoard's Order entered in its minutas2fgs Dated: rJ�uUIIVV PHIL BATCHD.OR, Clerk, By N • Deputy Clerk 44 1�� WAMMO (Gov. Code Section 913) Subject to certain exceptions, you have only six' (6) months from the date of this uotioe was personally served or deposited.in the mail to file a court action on this claim. See Government Code Section 945.6. You any seek the advice of an attorney of your choice in connection with this matter. If you want to oonmAt 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 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 .1 n 1oar PHIL BATCHELDR, Clerk, By , Deputy Clerk net. rN..,*n AeWninistrator (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 ant is• Jossie J. Nelson nom, c/o BroadlineCorporation 81 Parr Blvd. RECEIVED Richmond, CA 94801 2. The address to which notices are to be sent MAY !�1 1986 Jeanette K. Shipman LAW OFFICES OFPHIL8A CHELOR STERNS SMITH WALKER & GRELL rCLERK oARo PERVISOR NTRA C TA C 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 14, February 18 and March 10, 1986 at 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. nrcim.rpt j. i� s> CLUX BOARD OF siPERVIsms OF dWM 00_6'fA omm s CKXPaWA BOARD ACTION Claim Against the County, or District ) VMCE 1O CLAMRW June 24, 1986 governed by the Board of Supervisors, ) The copy odr this document mailed to you is your Routing 8ndorsements, and Board ) notice of the action taken on Yom 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 "framing:". Claimant: JOSSIE J. NELSON Attorney: Jeanette K. Shipman Addressa Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street San Francisco, CA 94103 Band ddelve ed Amount: $1 , 000 ,000 . 00+ BY delivery to a or 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. Dated: June 10 , 19 8 6PHIL BATCHELOR, Clerk, By LLLLDeputy II. FROM: County Counsel 10: Clerk of the Board of Supervisors (Check only one) (� ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to amply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: A.Q_ By: c - D@p0ty County Counsel III. F*6M: Clerk of the Board M: (1) Coun Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. WARD 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 Inn; PHIL BATCHELOR, Clerk, By i y L_ , Deputy Clerk NARKIM (Gov. Code Section 913) Subject to omtain exoeptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a count action an this claim. See Government Code Section 945.6. You say seek the advioe of an attorney of ;;your choice in connection with this matter. If your 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 297030 ( ) A warning of claimant's right to apply for leave p .sent late claim was mailed to claimant.. DATED: JUN q RM BATCHIIAR, Clerk, By , rG , puty 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-;;1198G Jeanette K. Shipman LAW OFFICES OF T MA STERNS, SMITH, WALKER & GRELL By l T� � �� 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 Claihfant 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; 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 - CLAD4 BOARD OF SUPERVISORS OF 03M MSTA Comm, CALII�IA �� AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL _ Claim Against tim ounty;AorO�1.DeISTRICT �,I� ,A ��,i, June 24, 1986 governed by the Board of Supe, !) The copya t ed to ya1 is Your Routing Indorsements, and Board ) notice of the action taken on yaw claim by the Action. All Section references are ) Board of Supervisors (Paragraph We bola+), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wWarnings*. Claimant: EDMUND R. NELSON Attorneys 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 BATCHEWH9 Clerk, By �Pep�y Cath Kn 1 s II. FROM: County Counsel 70: Clerk o e of Supervisors (Check only one) VThis 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 claimantts right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 1-0-c- Bye 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. BDARD ORDER 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 4 1986 PHIL BATOMOR, clerk, By , Deputy Clerk VAMP= (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 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 imaediately. V. FROM: Clerk of 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 leave ent late claim was mailed � DATED: �'� '� 1�A8 PHIL BATCHELOR, Clerk, By , Deputy Clerk CountV Counsel (1) n ?5 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQU73 BLE R L EF Government Code, Section 910, et seq. RECEIVED re: Nelson v. Contra Costa County Flood Control Dis rict MAYa7, 1986 TO: Contra Costa Count Flood Control District Y PINI RATCHflOR Contra Costa CountyeeK °`)OF`Su pw 651 Pine Street c r, COST p e 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, 1985 \ JEAN E K. SHIPUAN 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 thefloodwaters, 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 sowvisms of dMM oosrA oav m CALIIumn BOARD ACTMK Claim Against the County, or hatriet ) IMCE 70 CLAD= June 24 , 1986 governed by the Board of Supervisors, ) The copy of this document mrdlW to yea is yetr Routing Endorsements, and Board ) notice of the action takes: on your alaim by the Action. All Section references are ) Board of Supervisom (Paragraph IV, below), to California Government Codes ) given puaosuant to Government Code Section 913 and 915.4. Please note all *Warnings". Claimant: EDMUND R. NELSON Attorneys Jeanette K . Shipman Address: Law Offices of Sterns, Smith, Walker & Grell 280 Utah Street liand d�e� San Francisco, CA 94103By deliveryto e� Amount: $1 , 000 ,000 . 00+ °eer�Ceodn May 27 , 1986 Date Received: May 27 , 1986 By mail, postmarked on I. : Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986PHIL BATCMDR, Clerk, By Deputy II. : County Counsel T0: Cleric of the Board of Supervisors �/ (Check only one) A ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: �c �k C c y 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 WEB By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) Other: I certify Qthtatt this is a true and correct copy of the Board's Order entered in is Dated:mir2f4 1 186 s PHIL BAMMOR, Clerk, By _ �%!� , 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 on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of yup choice in connection with this matter. If you want to consult an attorney, you should do so immediately, V. FRONT: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the 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 waarrnniinngg of claimant's right to apply for leav to t/aI to claim was mailed DATM:."U" 3 0 1 86 PHIL BATGRDR, Clerk, BY � Deputy Clerk cc: County Administrator (2) County Counsel (1) 1 I t ' I 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 EC IVE Richmond, CA 94801 2. The address to which notices are to be sent is MAY X1986 Jeanette K. Shipman LAW OFFICES OF PHIL A rCMI STERNS, SMITH, WALKER & GRELL � Wit I UPcc Re ty 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 JEAN E K. SHIPNXN 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 y ILLIN • up WFUMM cr COW mm G=MS MMM Qata Oo�tY, � � CE 20 CLAD T June 24, 1986 governed by the Boom Of Snpar Timm a Via copy � s ed " =s ice' Routing Vowseme:te, and Board eotics of the ssation taken On tots' s aim by tae Action, all Section refermas ars Board of SuPer'viaors ONVIewh r. !sham), to California Qoverr: Wt Codas given present to Government Cods Septi�n 113 nd 515.4. Maass acts all 'itarnieP�'f% "'Y Qaitants Peter H. Pearson a .. Cunset AttoronysMyr UN D 3 1,986 Addrasss 1129 Temple Drive �� Pacheco , CA 94553 hand delivered Awmts $70. 00 Sy delivery to slant an May 30, 1986 nate Reosi Wad: May 30, 1986 By sail, Doetaa 4w an . Board of Supervisors 161 ORRYRliz up Attached is a copy of the above-noted chis. 0 Hated: `June 2, 1986 PM &kTOM"* Clarke 9Y Licy . TWIOR3y IN MOPIrW the 55iR CC 540'1 (Check only one) (x) We claim Complies substantially with Sections 510 and 510.2. ( ) Tlsis Claim yAns to o®ply substantially With Sections 510 and 510.2, and WN sora so notifying claimant. The Hoard oonnot act for 15 days (Section jAOe8)0 ( ) Maim is not timely filed. Clerk should return claim on Smxind that it Was filed late and send warm$ of claimant's riot to apply for leave to present a Lata Claim (Section 911.3). ( ) Others Ostods 7 77C BY: putt ty III. I M: Clerk of the Board TDs (1) County Cwzml, (2) Coonty Administrator ( ) Maim Was retwned as tintisely with action to Claimant (Section sues). IT, BDrAFO O1mDt By tsanisow vote of Supordears present (x) !leis claim is rejected in frill. L ) Others Certify that this Is a tnse and Correct copy or the Boardls Order en is a'wor this date. Dated: _ JUN 14 1986 hon. NOVEL R, Clark, By • ftP*y dark VAX= (Gov. Code Soation 513) &*Jed to Certain esoeptiaos, you have caly tis (6) months rr m the ditto of this aotioe w personally served or deposited in the axil to file a Cast action on this alma. Seo Govertasent Code Ssouce 9~506. Zou say seek the advice of an atto wy or ymr Cpoios in ocmrssction rith teda setter, if yvu Want to ommat an attorney, yvu should do so imssdiately. V. ,!lei: Mork of the Bard 'ms Cl) Ommty Cots»al0 (2) County Administrator •trashed Am oopiav of the above claim, ire notified the Claimant of the Boardts action an this claim by mailing a copy of this doe ent, and a aemo thereof has been tiled and endaread on the Board"s Copy of this Claim in 000ordence With 9oction 29703• ( ) A WarAing of ciaimant•s right to apply rw leave t a late Clsia was mailed WEN ta AWSONA 1986 Mark, By -C_�' Deputy Clerk CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COP }'application to Instfuctibns to ClaimantC!erk of the Board .O.Box 911 Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. 'Claims relating to any other cause of action must be presented not later than one year after 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, 14artinez, 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 oTthis form. RE: Claim )Reserved for Clerk's filing stamps ' ILED Against the COUNTY OF CONTRA COSTA) MAY 30 1986 or DISTRICT) 6A1A cMEIORF1 in name ) CLEt C F TAERVISO The undersigned claimant hereby makes claim against the Cou ty of Contra Costa or the above-named District in the sum of $ /(`/c`" and in support of this claim represents as follows: --——————--—--—----------T—T—--—--—--—--------------------------- ---- �. When did the damage or injury occur? (Give exact date and hour] I 6 '2.- WFi re id tFie dV6e- or injury occur? (Includ ci y and county) 37 How did tamage o ink y occur? G ' a ulI detaiSs, use extra sheets i r quired) 4. What particular act-0- ctoomission on the part of county or district officers, servants or employees caused the injury or damage? eo / (over) 'S: 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? ZGtve full 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. �. Lit the expenditures you made on account of this accident or 1n�ury: DATE ITEM AMOUNT i Rtt*tk#tkkkkk*####k#ktt#k*##t#t#*t*R**t**tt**Rt*#tR*#**tt*ttRttt#fRt**t*#k 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 Attorney24 1 _ ; , Claimant's S natured q ' }} Addremss c14Sj3 c1v(ctil•Tivkl ,. 7`/- L23 Telephone No. Telephone No. 4:21-1—/5 7 RttltR#ttARRtt*******#*t**tttktt**#tRtRt*t*t#Rt****#*RtR!*tRtR****RktRRR*k 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 SOPERVI90RS OF 03M C04PA OOMMI. CAMON PIA BOARD ACPIOId AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND tAT£R ONSERVATIOJ DaISTRICT � ,� June 24, 1986 Claim egalnst tllE Ly, or Dl T.!'1CL J CLADUM governed by the Board of Supervisors, ) The copy of this document M0110a to lou le your Routing Endorsements, and Board ) notice of the action taken an your claim by the Action. An 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 aWarnings". Claimant: JOHN G. MAC PHERSON Attorney: Jeanette K. Shipman Address; Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street San Francisco$1 ,000 ,000 . 00+, CA 94103 Hand delivered Amount: By delivery to clerk on May 27 , 1986 Date Received: May 27 , 1986 By mail, postmarked on FROM: 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 "Cathy I owls II. FROM: County Counsel 10: Clerk o e o Supervisors (Check only one) 0/4 This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated- c_.' By: c� y 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 rejected in fall. ( ) 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 loge PHIL BATCHELOR, Clerk, By / ✓�C� . Deputy Clerk VARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the 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 might to apply for leave ent late claim was mailed to claimant. DATED: JUN -9 n rangy 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: 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 �,�. Ql c/o Luckicup Co. 1850 Garden Tract Road [RECEIVED Richmond, CA 948012. The address to which notices are to be sent iMAY O1986 Jeanette K. Shipman LAW OFFICES OF PHILBA CHEUPERVI STERNS, SMITH, WALKER & GRELL AK iaA v TAQ .. 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. Attot,riey for ClcWmant 3511-A 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 t LUM BOARD OF SUPERVISORS OF COM COSTA COMM, CALIINIA BOARD ACTION Claim Against the County, or District ) VMCE TO CLAD= June 24 , 19 8 6 governed by the Hoard of Supervisors, ) The oopy of this dOOumsnt =116d to you is ya+ur Routing Brndorsementa, and Hoard ) notioe of the action taken on your claim by the Action. All Section referenose are ) Hoard of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please tote all 'Naming e Claimant: JOHN G. MAC PHERSON Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street g d�e� San Francisco, CA 94103 delivery to aerr�Ceon May 27 , 1986 Amofit' $1 , 000 ,000 . 00+ Date Received: May 27 , 1986 By tel, postmarked on I. : Clerk of the Hoard of Supervisors 70: County Counsel Attached is a oopy of the above noted claim. Dated: June 10 , 1986PHIL BATCHELOR, Clerk, By Dep y II. : County Counsel 70: Clerk o e Board of Supervisors (Check only one) (�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: - By: Deputy County Counsel III. : 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 (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 J28 PHIL BATCHELOR, Clerk, By / 1 , Deputy Clerk VAMM (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 mail to file a oourt action an this claim. See Government Code Section 945.6. You may seek the advioe of an attorney of yarn ohoioe in oorntnection 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 oopy of this document, and a memo thereof has been filed and endorsed on the Board's oopy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave ent a late claim was mailed tot. DATED: ��►t 9 n 1409 PHIL BATMELOR, 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: 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. LOt " 1850 Garden Tract Road RECEIVED Richmond, CA 94801 —1 2. The address to which notices are to be sent i MAY 7-/ 1986 Jeanette K. Shipman LAW OFFICES OF , LE PHI RBDAOT HE 6Av�S0 STERNS, SMITH, WALKER & GRELL (� RA Ac 280 Utah Street aJ 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 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. SHIPMAVJ 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; 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 GLAN BOARD OF SDP®tVI90RS OFN�18 META OMM, CALZPO MIA BOARD ACTION Claim Against the Canty, or bistrict ) NMCE TO CL ASM June 24 , 1986^ governed by the Board of Superviam t ) The copy -this dom=t 02119d to you is you Routing Bhdorsements, and Board ) notioe of the action taken an your claim by the Action. All Section references are ) Board of ftervisom (Paragraph IV, bales+), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wWarninga". Claimant: RICHARD KARNES Attorrneyt Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 286 Utah Street liand San Francisco, CA 94103, deliverydie r eon May 27 , 1986 Amount: $1 ,000 , 000 . 00+ Date Received: May 27 , 1986 By mail, postmarked on I. : Clerk of the Board of Supervisors Tot County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986PHIL BATCHELOR, Clerk, By Deputy II. : County Counsel TO: 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 910.29 and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) Ccvmty 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 ()(J 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 min" ;or thl s date. r Dated: PHIL BATCEID,.OR, Clerk, BY , Deputy Clerk YARIME (Gov. Code Section 913) Sub3eot 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 count action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in oorsection with this utter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 10: (1) County Cassel, (2) Canty 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 forleav pores t a late claim was mailed to claimant. DATM: JUN n �oQ� PHIL BATCIMDR, Clerk, By ef; , Deputy Clerk We rr+r,nty AAn+inistrator 0) rminty rtYamPI (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 claiman ' Richard KarnesIt 11 Parr Blvd. RECEIVED Richmond, CA 94801 2. The address to which notices are to be sent is: MAY x-71986 Jeanette K. Shipman 5(3 PMI!8 T ELOR LAW OFFICES OF CL Oreo SUPER spas STERNS; SMITH, WALKER & GRELL ey;�, * sc b ..... . . 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. SHIPMAP 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; 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 CLAIM BDARD OF SDP®tVISORS OF dNW ODSrA MMM, CMMMMM 9D= AL'PION AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL Claim _ �1�yJATE G Ey'p�ODl.a18TR1CT NiCE ,0 C � June 29, 1986 governed by thea acrd oof r Tara,, )J Thecopy a t iMed to you is your Routing Endorsementa, and Hoard ) notioe of the action taken on your olalm by the Action. All Section references are ) Hoard of Supervisors (Paragraph Ng below)• to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all ■VAirnings". Claimant: RICHARD KARNES Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street San Francisco, CA 94103 Hand delivered Amort: $1 ,000 ,000 . 00+ 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 10: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986 PHIL BATCHELOR, Clerk, By YDeputy �Cathy K owl s ' II. : County Counsel TO: Clerk of 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 910.2, 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: L. By: puty County Counsel III. F& Clerk of the Board TO: (1) Cou4y Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present 0(,) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Boards Order entered in its minim for this date. Dated: JUN 2 4 1QArz PHIL BATCHELOR, Clerk, By , Deputy Clerk YARNING (Gov. Code Section 913) Subject to oertain exceptions, you have only six (6) months from the date of this notice was personally nerved 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 oonneetion 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 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 lea to sent a late claim was mailed toaimant. DATED: SUN `1 6 IQAA 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: Karnes v. Contra Costa County Flood Control D s AtCEIVED TO: Contra Costa County Flood Control District I�IAYa� 1?86 Contra Costa County 651 Pine Street ►Nn eAx1R Room 106 IECR ea.VA OF SVF 'iRV;50ii Martinez, CA 94553 .te�c 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. nrclm.rpt vn ee sass( aw or cam mn AZT' Ruma � CE !C Cup! June *24, 1986 Claim ABsitsst tae County, or tdatrictam Or-Ud s en ed to is Par Boveraed b7 the Board of Supervisor, a�oti the talion taken m Youroidia by tad r ® outing Wdorsents, and Board sons �at'ae'wh ns �a)e Action. All Section references are Bon �' d of d to California Qovertment Codes given Rs's►saM to ooverrment Gods Scotian �3 - sad 915.46 visaed oats to NVAMdsm"._ Claimants Volney A. Plumb Attaensys Michael Rothschild JUN 0.5 1986 Rothschild, Yim & Zappettini fat Address: 1303 H Street Sacramento , CA 95814 hand delivered slark an red June 3 , 1986 Amounts Undetermined By Date Beosinds June 3, 1986 By tails posumu'0 an — er pe sora lot county viiiz Attached is a copy of the above-noted dela• Dateds June 5, 1986 pM BAT Ma, Clarks By a hV Kn es : y CO al 7D: Merears (Check only one) (X) this claim complies substantially with Sections 910 end 910.2. ( ) Zttiis claim !*AILS to comply substantially with Sections 9110 end 410.2, and 1w ars so notifying claimant. The Board oannot act for 15 days (Section 410.8). ( ) Claim is not timely tiled. clerk should return claim an Pared that It was tiled late and send rami of claimant's rigbt to apply for leave to present a lata claim (Section 911.3). ( ) Others Dated: �,� c_ By: c patY tY III. nONs Clark of the Board 70: (1) County Counsels (2) County Administrator ( ) Claim was returned as untimely vith notice to claimant (Section 411.3). I9, MWOM By unardsoua vote of Supervisor present (x) this claim is rejected in full. ( ) Others Iy thisthis dates a true and correct copy of the Doamts Order entgradalrA*AsL Dated: 1986 Pial, UTOELCM. Clerks By Deputy Clark VAlO M (owe Ooda Section 913) Subject to certain meptiaos, you have only six (6) months !tram the date at this Wtice ties pwsor&Uy served or deposited in the tail to rile a court action m this claim. See Government lode Scotian "Me fou sy seek the adv3oe ed an attorney of pad &clot in connection aith this tatter. It you tiara to commat an attorneys you should do so immediately. .. n M: Mark of the Board ZCs a) County Counsels (2) County Adaiaistrator tttaOW are Capias of the above claim. We notified the claimant Cf the Board's SCUM On this claim by stalling a copy of this documents and a servo thereof leas Leen tiled and endorsed an the Board's copy of this Claim in a000edanoe with Section 29703. ( ) tug Cf elalaar:t•s riot to apply rbc leave vemerit a late plain vas sailed DI1TID:t Uu'Y 300 1986 lSn. S►T�ifIARs Ciecks �r ��✓� Oep4y Clerk CLAIM AGAINST THE R`.EgIVE . ; COUNTY OF CONTRA COSTA JUIN t"31986 "AT w 'OR TAERVISO TO: Board of Supervisors, County of Contra Cos " " 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 Xolo , 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 . 8 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 16 County of Contra Costa 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 t�� T rL 1%`�✓�\ 28 WILLIAM J. NGER, ' ps JUN 3 1986 Jim Or SDPB}tnX" ( mm Om rlf. CAL>ZOMIA Claim Against the County, or bistrict • CL► 70 WOW June 24L1986' govwmed by the Boatel of Supervisors, The owof-this ocme n ��vo�nn Doo' Routing E dorsemente, and Board ewtice of the action talo an yo:r alas by the Action. All Section references ars Board of &Verviscre varagrgft Iva 1a1009 to California Goverrment Codes dean pursuant to Qoversment Code sect'= 113 and 915.4• please nota 031 eilarainge�'e q Col W Claimants Eddie Williams •• X11 Attorsssy8 298 Thomas Way MAY 2 91986 Pittsburg, CA 94565 Addrgs: transmittal Aalountr $164. 00 By delivery to Clark an May 23 , 1986 Bate Beoeiveds May 23, 1986 By mail, postmarlad on ; Clark of the Board of Superviaws s y CREAU Attached is a copy of the above-noted claim. Dateds mgy, 2$� 128J PHIL. SATCmme Mork, By 7 . : County Wmisal 70s- ark of the Do" of BapervIscre (Check only one) This claim ormplies substantially with Sections 910 and 910.2. ( ) This claim FAILS to oomply substantially with Sections 920 and 920.29 and we a:1a so notifying claimant. The Board cannot act for 15 days (Section 910.d). ( ) Claim is not timely filed. Clerk should return claim an ground that it was flied late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others Dated: BY: u •"- c gld.4g pi_ Deputy USFU J III. MMs Clerk of the Board 70s Cl) County Consel, (2) County Administrator ( ) Claim was returned as untimely with nctioe to claimant (Section 911.3). IY. BDAMD OM By unanimous vote of Supervisors present (X) =his claim is rejected in full. Others certify that this Is a true and correct Copy a Board's on is a lmstes for this date. - �e Dated: JUN 2 PHIL BAT MLOR, Clerk. By �x-c� . Dopy Clark YAR M (00T. Cods Section 913) SubJect to certain G=eptions. you have only six (6) months h m the data of this notice was personally served or deposited in the sail to file a court action on this elate. See Covetsmant Code Section 945.6. You may reek the advice of an attorney of lar eboioe in oonrnection adth this tatter. If you want to consult On attorney, ecu should do so immediately. T. nM: Clark of the Board TDs Cl) Conty Onmal, (2) County Administrator Attached are copies of the above claim. We notified the Claimant at the Board's action on this claim by sailing a Copy at this doconeat, and a memo thereof has seen filed and endorsed on the Board's copy of this Claim in a000cdwm with Section 29703• ( ) A taaridng of claimants right to apply for leave ant a late claim was mailed DATID:ta X986 ?M BATCHp M s Qerk, By ��-�� Deputy Clerk BOARD OF SUPERVISORS OF CONTRA C ORT-,brrWXapplication to: Instructions to ClaimantC!erk of the Board P.O.BoX911 Martinez.Califomia 94553 A. .Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the Distript should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. R***R#*!***#*R##*#*#R*R***#RR**R****##*#**R*********RRR#RRR*R**R*RRR*RRR RE: Claim by )Reserved for Clerk's ng stamps RECEYV..ED Against the COUNTY OF CONTRA COSTA) MI�Ya�t96G or DISTRICT) (Fill in name 4sA c roc+ ARO U�NY��O T C A .. ... .. . .. ... .... The undersigned claimant hereby makes claim against O contra Costa or the above-named District in the sum of $ /(o and in support of this claim represents as follows: �. When did the damage or 1nJury occur? (Give exact date and hour] -T---------------_______--------------_---- �.- W�iere did tie damage or inJury occur? (Include city and county) KINdid Ai1---- ----------- �Rli��✓✓•ff .. -- -C: o_ 3. -How did the dan+ege or inJury occur? ZGive ful �etai�s, use extra sheets if required) ��e �� ' ( Low p� �vjOrJlj � �0 � f (� �a1? G1'a7-. ---------------- on ——-----——-----___—--__---___T—__T---_- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? PRoAP,�2, iS (over) 5. '` What are the names of county or district offices, servants or employees causing the damage or injury? 6. what damage or injuries do you claim res ten? Glve full extent of injuries of damages claimed. - Attach two estimates for auto damage) A 1 I M b Fe%t.So w a, 1 0P-0 Q.Z -- --- --------- -- --------------- ----------- -- 7. How was the amount claimed abov computed? (Include the estimate amount of any prospective injury or damage. ) ----------------------------------------. � �i�b ..................... Names and addresses of witnesses, doctors and hospitals. K 11;—t the expenditures you made on account of this accident or injury: i . DATE _ ITEM AMOUNT GOr47,/+^ C S ., TSW,.. TLl o cJ *#**t**##•R*#**#tRt##*�*#***t##t�*i•`#fr"R*t#�#�i'4tt*#*ttRt***tt#*R##***R#**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 erold l P C aiman� t Signature S ess CRI 94S(P .. Pi�r � .e �� 7 Telephone No. Telephone No. L/39' 701 ! 1 i *#tt*#tRt4t##t*##****ttRt#tRtt*t**R*tttR*R#!***#*t**R*#**t#**#tRRRtRf***## 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 n► xnsw or Cam Wa- Q'A!I'fi. GLZlQ�L AL'! Qais Against the County, or bistrict �iTCL► Vol CLAalW June Z4; I986 governed by the Board of suyervison, The copy 4a�vaza ava+�en pied to you is Po' ]touting Djorwiments, and Board motioe of the action taken an yes' dais by the Action. All section referenoee nee Board of SupervIWM cparagraph IT# 6@1009 to California Government Codes given pursuant to Government Cods Bectian 913 and 915.4• :lease note fill wwar Ion Claimants Roxanna Rutter COO*cand Attor'1078 Michael Dorshkind MAY 2 9.1986 . 166 Santa Clara Avenue Addressa The Warren Building Oakland, CA 94610 ` " Aampts $50, 000. 00 sY delivery to Clerk an bate R6001veda May 27, 1986 By sail, postaartad m ft May 23, 1986 --Clerk of Supervisors toi bawy, Attached is a copy of the above-noted Claim. (� bateds May 28 , 1986 PHIL BATQMM, Clerk, By90pity e . a coiunty Counsel 7Ds C3Wk or the or 34 (Check Drily one) (�() !lila claim oomplies substantially with sections 910 and 310.2. ( ) This Claim FAn.S to comply substantially with sections 9110 and 910.29 end we ass so notifying claimant. The Hoard cannot act for 15 days (section 910.0. ( ) Claim is not timely filed. Clerk should return claim on Pound that it was filed late and send warninclaim (Section 9n.31.of claimant's right to apply for leave to present • late ( ) Others bated: �"" By: putt county counslel in. nw: Clerk of the Board 70s Cl) ty Counsel, (2) County Administrator r ( ) Clain was returned as untimely with notice to Claimant (section 911.3). IT, DDAIM By unanimous Ate of supervisors present W This Claim is rejected in full. ( ) Others certify-thethis Is a true aM correct Copy ortheBMWs Order a—n7GFQ In is tated`i r `% Iws PHnSAMELOR, clerk, By -�- . ner�sy Clerk VAN= (00v. Cods Section 913) MJ90t to certain esoeptions, yon have Daly Bis (6) months bras the date at this notice was personally served or deposited in the mail to file a court action cc this Cls!•. ase Government Code section 945.6. YOU nay seek the advice or on attorney 4f your 4110108 in Connection with this attar, If you want to Consult an attorney, you should do so immediately. V. HIM: Clerk of the Board 'IDS Cl) County Counsels (2) County Aiinistrator Attac11ed are copias of the above C1aim. We mtlfied the 42aiment of the Board's action an this claim by sailing a copy of this document, and a sass thereof has been filed and endorsed m the Board's copy Of this Claim in a000rdanoe with section 29703. ( ) AAgsaarnniinngg of alaimant•s right to apply for leave a late class was mailed BAT®s JUN � n 1 RR llID. BrTQM,Oit, Clerk, By �-�/' peputy Clerk MICHAEL I. DORSHKIND ATTORNEY AT LAW THE WARREN BUILDING 166 SANTA CLARA AVENUE OAKLAND. CALIFORNIA 84610 I41 b1 666-3630 May 23, 1986 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street martznez, 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 I MICHAEL I . DORSHKIND I Attorney at Law 2 166 Santa Clara Avenue Oakland, California 94610 RECEIVED 4 II Telephone: ( 415 ) 658-3530 MAY -47 Ii PMR BAT MELpER 5 I Attorney fcr Claimant ER Nt 0Q5TACR IBORB Byv�, .. �• my 6 7 liIn the Matter of the Claim CLAIM FOR DAMAGES of R.OXANNA RUTTER, (Governement Code 8 Section 910 , et seq. ) V. 9I j THE COUNTY OF CONTRA CC,---TA/ j 10 i 11 TO: Clerk of the Board of Supervisors, County of Contra j I I 12 Costa , 651 Pine Street, Martinez, California, 94553 : 13 ! 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 Centra 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 I lb , Rutter , 1942 Channing Way, Number 205 , Berkeley, California, I, I 19 is 94704 . Ij 20 2 . The post-office address tc which claimant desires I i 21 ! notice of this claim to be sent is as follows: t it I 22 I Michael I . Dorshkind, 166 Santa Clara Avenue, Oakland, i 23 !i California, 94610 . 24 3 . On February 18 , 1986 at Willow Pass Road at Contra 25 I Costa Boulevard in Concord, California Claimant received personal i 6 Ij MICHAE: 1. PORSHKiNC% f Attorney at Low The Warren 6uildir 166 Santo Claro Avtniue OakWna.Calltomin 446th �• (415) 658-35bG I a �I i i I - injuries and property damage to her vehicle under the following 2 circumstances : I I 3 ' At said location on said date Claimant was operating I 4 .I her 1974 Ford Toyota Corolla and was stopped at a red traffic I 5 signal at the intersection of willow Pass Road and Contra Costa 6 i Boulevard. At said time and at said location claimant' s vehicle I 7 was struck in the rear bumper area by a bus owned and operated by I 8 Taylor Bus Service bearing bus number 509 and California lisence 9 I plate number 1BSU950 . At all times at issue said vehicle was I I 10 I operating pursuant to contract with the County of Contra Costa. i 11 j 4 . As a proximate and direct result of the ensuing 12 collision between the Taylor Bus Service bus and Claimant' s 13 vehicle, Plaintiff received personal injuries and has incurred 14 1 and continues to incur medical expenses and has lost past and 15 j future wages . Claimant alleges that the operator of that certain I, 16 it aforedescribed Taylor Bus was inattentive , following Claimant ' s 17 ;i vehicle too closely and was proceeding at a speed unsafe for H conditions at all times at issue . Pursuant to Government Code G jj sections 17001 , the County of Contra Costa and its school i 20 district are liable to Claimant for her personal injuries and I 211! property damage proximately caused by the operator of that 22 certain aforedescribed Taylor Bus as said bus was being operated j l 23 by and agent or employee of said public entities acting within I 24 the scope of that certain employment relationship between the I i 25 II operator and said entities . � 26 i I II MIC HAIL I. DORSHKIND II Anon. , of low The Wope.. Buiiamp 100 Panto C.a Avenue pokrond.COWOM"I (N0i WF-553^ it 2 l ' I 1 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 4 due to the treatment of injuries sustained in the collision at 5 I 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 8 I or agent responsible for the injuries and damages complained of 9 I is Nellie Clara Wert whose address is contained in California j 10 Highway Patrol report number 2-258 . I 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 approximately $5 , 000 . 00 for prospective medical care and the 14 remainder as general damages for pain and suffering. ! 15 I! Dated: May 23 , 1986 i 16 17 II r 18 j v MICHAEL I . ` DORSvKIND Attorney for Claimant 19 '! ROXANNA RUTTER I: 20 i i 21 .I i • I 22 I� I I 23 24 25 26 MICHAE I. DORSHKIND A>tomey at Low TtW'Wane 6uutlino 166 Santo Giora Avenue I' pakiand Camomfo "610 �I 3 (41Ej 6563;38 �I CLAM BOARD OF sQmnsms OF dMW META Mulm, GI.INIA BOARD ACTION Claim Against the County, or District ) VMCE 70 CLAII9 M June 24 , 1986 governed by the Board of supervisors, ) The copy a d00U109nt =1160 to you is Your Routing Rhdorsements, and Board ) notice of the action taken an yaw claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code section 913 and 915.4. Please note all "turnings". Claimant: GLENN TAST Attorneys Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street �� Amount: San Francisco, CA 94103 deliavnd to CV�' eeHdl May 27 , 1986 $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 6PHIL BATCHELOR, Clerk, By Deputy 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 on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: _.. �`, �, By; c � �� Deputy County Counsel III. FROM: Clerk of the Board 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 ai fQr this date. .11 Dated: JUIV 2 4 1986 PHIL BATCHELOR, Clerk, By t I , Deputy Clerk MARKM (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this wtioe was personally served or deposited in the avail to file a court action on this olaim. See Government Code Section 945.6. Tau way seek the advice of an attorney of your choice in oo:u:ection 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 waarrnniinngg of claimant's right to apply for leave to mt a late claim was mailed DATED: JUNI n 1Q� PHIL BATCHELOR, Clerk, By , Deputy Clerk a;: .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 BroadlineCorporation 81 Parr Blvd. 'RECEIVED Richmond, CA 94801 2. The address to which notices are to be sent is MAY a71986 Jeanette K. Shipman LAW OFFICES OF PNIL RATENEWR STERNS, SMITH, WALKER & GRELL 280 Utah Street ILM- Imm= 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 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 BOARD of SDP®tMMS OF CMU COSTA CEM, GALLUP A BOARD AcrloN AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL _ Claim )_ aingtATER ONSERyV'AT�IOL1.DaISTRICT IMCE ,ACLRI)IM June 24, 1986 governedd by the Board of Supervisarso ) The oopy a t iMOd to you is your Routing Endorsements, and Board ) notioe of the action taken on your alms by the Action. All Section references are ) Board of Supervisors (Paragraph No below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4, Please note all •Warnings", Claimant: GLENN TAST Attorney: Jeanette K. Shipman Address: Law Offices of Sterns, Smith, Walker & Grell 280 Utah Street San Francisco, CA94103 Handelivered Amount: 51 , 0001000.00+ deli 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 'Cathy thowles -. II. : County Counsel 10: 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; - By: ) -DeDuty County Counsel III. FROM: Clerk of the Board 10: (1) County Counsel, (2) County Administrator ( ) Claim Was returned as untimely With notice to claimant (Section 911.3). IV. BDARD CMER By unanimous vote of Supervisors present (�() This claim is rejected in full. ( ) Other: I certify that this is a true and correct Dopy of the Board entered in its mina nfp 109 9 date. �( "j_'�/// Dated: J�� 44 8866 PHIL BATCHELOR9 Mark, 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 sail to rile a oourt action on this claim. See Government Code Section 945,6. You nay seek the advice of an attorney of yaw choice in oonnectien 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 Boardle copy of this Claim in accordance with Section 29703• ( ) A warning of claimantfs right to apply for leavep s t a late claim was mailed to claimant. DATED: JUN PHIL BATCHE[AR, Clerk, By , Deputy Clerk oc: County Administrator (2) County Counsel (1) a d+ 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--?1o85 Jeanette K. Shipman LAW OFFICES OF PHIL B TCHEIOR S L OARUPERVI STERNS, SMITH, WALKER & GRELL � JTa D AAT o,` 280 Utah Street By- JJL •• 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* SHIPN Atto ey for Cla ant 3505-C y 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. nrcim.rpt CLAN BOARD aF SUMVISMS OF 03M COSTA ao lMt CAt.IMIA AND AS THE GOVERNING BOARD�OITI F THE CONTRA COSTA COUNTY FLOOD CONTROL BARD ACTION Claim Against ANDTER �,zyRVTI ,Aor DistmozCT � 'j� Q, June 24. 1986 - governed by the Board of Supervisors, ) The COPSs t led to you is your Routing Endorsements, and Hoard ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV• moo+)• to California Government Codes ) given pursuant to Government We Seotion 913 and 915.4. Please note all ■Warnings*. Claimant: AUDREY TAST Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street San Francisco, CA 94103 By deli Hance deliveredto clerkk on May 27, 1986 Amount: $1 ,000 ,000 . 00+ 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' 'Cathy Mowles : II. : County Counsel TO: Clerk or 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: ;e_e_ By::La L"jg y 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 OMER By unanimous vote of Supervisors present (�) This claim is rejected in full. ( ) Other: I certify that this is a true and connect copy oft 's Order entered in its mi s f r this date. Dated: 2 4 1996 PHIL BATCHELOR, Clerk, By , Deputy Clerk oft 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 sail to file a Bort 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 Batter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action .on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave ent late claim was mailed toalawan DATED: J J U �% 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: 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 n c/o Broadline Corporation ��0."s 81 Parr Blvd. Richmond, CA 94801 RECEIVED 2. The address to which notices are to be sent is: MAY a7 1986 Jeanette K. Shipman LAW OFFICES OF PHILBA CHELOR STERNS, SMITH, WALKER & GRELLRA STA ER RD PERVISORS 280 Utah StreetClc� San Francisco, CA 94103 eye 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 JEANE K. SHIP Attorney for Claimant 3505-G 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 I CLAN BOARD OF SDP®WSMS OF CMM COSTA C'DMM, CALM NIA BOARD ACTION Claim Against the County, or District ) yMCE TO CL.AII`IW June 24 , 1986- governed by the Board of Supervisors, ) The oopy a t ed to you le your Routing Endorsements, and Board ) notioe of the action takers on yow claim by the Action. All Section references are ) Hoard of Suwdsors (Paragraph IV, below), to California Government Codes ) given pursuant to Governmesnt Code Section 913 and 915.4. Please note all •iierniap". Claimant: DONNA COHEN Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street � Amount: San Francisco, CA 94103By deliaveTy to�C��'KeDt�I May 27 , 1986 $110001000 . 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 , 19 8 6PHIL BATCHELOR,' Clerk, By Deputy I. FROM: County Counsel 70: 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 910.2, 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��Q By: Deputy County Counsel III. : Clerk of the Board T0: (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 ( 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 mins date. �(�,, � � Dated: PHIL BATCHELOR, Clerk, By2t�r . S�Y�� , Deputy Clerk WARNING (Gov. Code Section 913) Subject to oertain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a oourt action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your ohoioe in oonmeetion 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 Irtesent a late claim was mailed to claimant. DATED: .111N q n to!!E PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) ry 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 REC VES 21 Parr Blvd. Richmond, CA 94801 2. The address to which notices are to be sent i MAY -I-1 1986 Jeanette K. Shipman r LAW OFFICES OF 1 PHIL M I.OR LER $$$$QQQpARA G PERM � i1NTRA TACO. 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 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. SHIPmAbf Attorney for Claimant 3504-C • f � r r ' 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 am Y'LM /� t7elOOTm MP V. wr w.�y.r. CC Cissa �� the �ty, or bistrld Phi ZO June 24, 1986 governed by the Board of SuP��• � onP7 a oc;�ens a Su to Is far' by am Action.POLItIOS Allkbft saa�ontO aand Board notice of the ectlon taken en refarsnoss are Sward of �dsxs Par' V%O r�� Action. All sec to California Government Ooam given prsuant to GoveJ�ent coo section 113 and 215.6. Please rota 8111 OVAMstW* reunty Ciais�atst, Marty Ostenberg J Attcrlsy, Jeanette K. Shipman 1Af 04 1986 Sterns , Smith, Walker & Grell Addtvast 280 Utah Street San Francisco, CA 94103 hand delivered Amamts $1 , 000,000. 00+ W delivery to elerk an May 28 , 1986 Zhte S jogipsds May 28, 1986 By NO P Feborked an : erk the 550d Of pe sous lot aiway WiRl Attached is a copy of the moors-noted claim. Dtteds June 3 , 1986 PM BRTOMLDR, Cleric, Sy NHL' Lxlxklk�' M3 c6unty s (Check only ane) (X) 7lsis claim complies substantially with Sections SL0 and 140.2. ( ) ims claim rAns to oomply substantially with sections 90 std 910.2, and ws an so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Qaiss is not timely filed. Clerk should return claim on growA that it was filed late and send warninng� of claimant's riptt to apply for leave to present a lata Own (,Section 911.3). ( ) Otbars bated, - sYs � ' '` SGL' COLInty.cox III. PM: Clerk of the Board 701 Cl) County OwuNd s (2) County Adminiatratcr ( ) Claim w returned as untimely with notice to olaisant (section qu.3)• I9. V= am by unanimous vote of supervisors prwat (�C) BMs claim is rejected in !till. ( ) OChars certify that this Is a true and oorrect copyOraw Board's aw entered in Iuft� ulln rtes for this date. Dated, JUN 2 4 1986 lam. BATOMM 9 Clerk, By � � Deputy Clark W110iM (( ov. Oode Section 113) Object. to oertaia eisoeptlons, Tcu have c dy six (6) months fr m the date or !Ms moons was pe 9wAlly nerved cr dep061ted in the mail to file a mmrt action cin thea atria. See Goverment Code section 945.6. Tcu nay seek the advioe of on attammy or Tar chola in Gomm Ion with thea attero if lou want to consult an attotaey• Tat Lhmdd do so Mediately. 7. Ms Clerk of the Dowd ms CO qty Oconee!. (2) t' wmty Aftinistrator •ttaare sepia, of the above claim. W notified the claimmnt or the Soardsa aetion on this claim by sailing IS copy of this document, and a maso thereof bas been filed and sndaraed on the Board's copy of this Claim in aeoordance with section M9703. ( ) d warning Cf elataant•s right to apply for l4e7v%%,Po t a late c2aia waw nailed ia1TID: alkiEkn � QRf, �, 1ilTQffiOR Mark, Sy laPAY Mark CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seqc�t.I.L re: Ostenberg v. Contra Costa County + V RC�� Eg1 V1D TO: Contra Costa County We9lq' 1986 Clerk of the Board 1'002M. 651 Pine Street IERKPHL B„RTCHEIC: Room 106 a cnnxSUc . Martinez, CA 94553 o Z 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 JEA TE K. SHIVAAN 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 ; N (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 'l escape efforts ; i I 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. r. spablo.rpt map -or cam mm- U=Tr, ott.1—mu AND AS GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD IM CONTROL AND WATEj C0 SE NATION DIST Q1 ! June 24, 1986 Oris Against the and of or rlim apt ow � se to Is pose tover9ed by the Board of SuPer*ita"s. Routing tndor'samer ta, and Board aotios of the SCUM taken as Mr by th. Actino. All Section referenoas ars Bbare of av rviaors owvvwb no Wm)e to California Goverrmeat 0odes given prsuant to Government code rection 913 and 4i.5.40 !lease note all viaraits o Claissnts Tamara Nishimura, a minor Cwty Cwsw Attetwy Jeanette K. Shipman Sterns , Smith, Walker & Grell JUP O4 1986 Addrsass 280 Utah Street San Francisco , CA 94103 Hi de icer d its $1 ,000 , 000. 00+ very oeler'k m May 28 , nate Beoeivad: May 28 , 1986 By veil, postmarked an Clerk or the Board of Supervisors W& COMEY Attached is a copy of the tbova-noted slats. nateds Tune 3 . _14&6 P. SMELOR, Qa"k• NY : y s Clark or Un Do" CC (Check w ane) }�) 'Kits claim complies substantially with Sections 310 and 910.2. Ibis olalm !'An.S to Oamply substantially with Sections 910 and 110.21 and we are So notifying claimant. The Board oannot act for 15 days (Section 110.0. ( ) Mads is not timely tiled. Clerk should return claim an V%PXA that it ties MW late and send warning of olaimunt's riet to apply for leave to present a late claim (Section 911.3). ( ) Others Dated: i By: ` PAY tY Camel ZII. Mt Clark of the Board ZUs Cl) Canty Owwal, (2) Casrty Administrator r ( ) Clain Mas retwMad as vntiseiy with notice to claimant (Section 111.3). I9, Boum QmDt my essaniman vote of Supervisors present (� !Aria claim is refected in full. ( 1 others Set I owu the a true correct copy the / 's sn is ®= JUIQs2tis s datesPM BJ 70MLOR, Marc, By �✓ . Deputy Mark VAR?M (Gave code Ssotion 113) oub,)ect to certain ezoeptiaos, you bave Mly six (6) months !tram the date, at We aotioc uas PwwrAllY served ar depositsd in the well to file a oast actin an this alaia. les 00van100110L Code Scotian 945.6. Tou may seek the advice of an attarnry of jar abalas in caimetiw ultb this matter. It IOU rant to oommnit an attorawy, you should do so iamsdiately. r v. nm, Clark of the Board !Ds Q) ftwtY corner!, (2) Oossety Administrator Attached are copies of the above-olaim. We aatifisd the Claimant of the Boards action an this claim by mailing a OM of this doecmmt, and a 0020 thereof bas been tiled and endorsed oa the Board's Dopy of this Claim in a000rdanoe with Sconce, 29703. ( ) A warming of alaiaant•s Platt to supply hr leave t a late Clain tits wailed B11TIDs�. �QA6 IfQL nITMMa Clark, DY- . DsPAy Clerk J 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 claima t is: Tamara Nishimura, a minor 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 i! : 1986 Jeanette K. Shipman LAW OFFICES OF CLER ' OR T A oPERVISOR STERNS, SMITH, WALKER & GRELL s "TR" t . . . ... . ..... .. ... 280 Utah Street 11 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 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 ; ( 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 UAIN �A1tD Ot SDPE0�IS0RS R COMM, GNAZEM mals IEE�� the �ty� or bistri0t CE l0 QSaY1fi June 24, 1986 Rorerned by Lha board of Supervisors� IM OW s sn ed to FO IS your 110AIng Dow to I and Board notice of the notion taken an lar alms by elft Action. All Section rsfwncae aro Board of &*W'doors 0%ragrao re bdw)e to California WVWMDmt Codes given prsuent to Government coo Section A3 and 115.1. tl19as0 note all 'UarniefOM"• Maisants M.A. Medwid Cpupty C►esel Eittorasys JUN 0 31986. 4daresss 6223 Doremus Ave. 'Olrbrft CA fil&% Richmond, CA 94806 `• ' ENasfts Please see attachment dtli'w T to Clark an Efate ROOSIVId= June 2, 1986 py sail t Ooetrm•Na Son May 30, 1986 ark of Npe"LOOM lot y Attached is a copy Of the above-noted claw. Wads � June 3. 1986 -PEI D&T M=g Clerk, By DA A Me = y Counselcc aupwasors (Check only ane) (�() 7lsis claim oamplies substantially With Sections 9M0 end 110.2. ( ) This claim FAIlS to o®ply substantially with Sections 910 and K0.29 and we oft go notifying claimant. The board Carnot act for 15 days (section 910.0. ( ) maim is not timely filed. Clerk shodd return Claim an bund that it Was filad late and send xarnin$ of claimants& ritht to apply for leave to p%osant a lata claim (Section ¢11.3). ( ) Osborn Hated: - SY= PAY MiFty III. 1N/i: Qork of the Board 70: Cl) County Cossssals (2) County ldmirdstratgr ( ) Gain Was returned as untisely with wtioe to Claimant (lection Mil.3). I9, IDAND GEfDllt By W adwus Ate of Supervisor pVsest !lits claim is rsjeow is full. 11 the ULD is a true and Ocrrect on cc the SDardss Naw, on nateda J UN� Do FNM DA?CR M s Mork. By �-� � . Depcty Mork VAN= (Gov. Ocde Section 913) subject to Certain eas»ptions. you lave only Bis (6) aonths !from the dot• e[ this notice Wan W9Ona1ly Barred ar deposited in the axil, to file a oast notion m tots slats. 8190 Govern Wt Code SOCttan 915.6. You My Book the advIcs of an attacasy of far Cake in ConneotIan rill this natter. It you Want W Consult an attorney, you afatald do so Immediately. T. nMs Clerk of the Soard W: (l) Oastty OConsel9 (2) CCutity Administrator Attached are Copies of the above claim. We aCtined the Claiaent of the Soardss action Mas this claim by sailing a Copy of this dcatowt, and a smao thesr19Cf hes Osen flied and andormod on the Soardss oopy of this Claim in aooardance with Section 29703. ( ) d warning CC C1ALOR**ss rigK to SWY for leave7 ��t a Into algia Was mailed - �rs�_ -- — — - ��" -CLAIM, TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY , ' • ' ' 1,Tnsierucl"CIO ns 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 or Clerk, s tiling tamps ) RECEIVED JUN a 19ir. Against the COUNTY OF CONTRA COSTA) ►HIL 6ATC A or DISTRICT) EnK A A¢Aw (Fill in name) ) sr 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 damageor injury occur? (Give exact date and hour) �I� uhsday (YLczc C1�(o g:ooa , m - g :30a ,r►�. --_--------•r----------- ---- ----------•------ ---- --- ----- --- 2. Where did the damage or---in-jury- occur? ((Include- - city and county) ---- k i c k_rv_c Ptq,41 J CL , Cd G("`l ---e OvLtti_ , CO�fa, CoLko-J-I --------- --------------------- ------------------ ------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) a �•tku, _ U 0- �{ � 319 pix n� y ! QE LJO 6� 0.. C 0 (.t_v� h i t ofc Q v�d W,LVL7e �c o �7 l kL a, cud e u jtnd o� Q npl ti V U S S i c�-e 06 o , we�K v - -------�°d�Z-------- - -----��C� 4 .---What----particular------------act----or---omission---------on---the---part--- of county r district officers , servants or employees caused the injury or damage? (over) a 5. What are the names of ounty or district officers, servants :orc I employees causing the damage or injury? or d u�-v� `oa n� , ,c am- Tro - -- - -------------------------------------------- ------------------- 6-.--Wh-at-damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) yto,(2 a t ala 96 cj )O_ 't .6&4, 1 ------------------------------------------------------------------------- 7 . How was the amount claimed above computed? (Include the /estimated amount of any prospective injury or damage. ) a � ------------a-----------,------------------------------------------------ 8. Names and addresses of witnesses, doctors and hospitals. _.... i�st the expenditures you made on account of this accident or injury: IjA E { ITEM AMOUNT Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney Claimant' s Signature 40,.y 3 Doe f-/yJv j eac. Addr ss c' A . C.4 oyof to Telephone No. Telephone No. L3 7 •- 42S"3 � ************************************************************************** NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill , account, voucher, or writing, is guilty of a felony. " BAY AREA BUILDERS LIC. NO. B393198 Richmond — San Pablo (415) 233-8280 May 5, 7986 AdditionaZ Pionmat.i.on: #3: Y-i.cenhe # 45745F, 169 dodge. The .truck was unable to go on dth appointed nound,s, eau,6ing compP,i.eationh on matetti.a. .6 9 empPoyeea getting there job done, .it was a xota.2 o� 4 hes 2 men to.6t. #9; Lobb o{ ha.id vehicte {on one wonh day which made .it neeehhany to sent two veh.iiete.6 .to job a.ite .i.natead of one. Damaged veh.icte .i/ our ma-i.ntanance euppty .much. It being out o{ henv.iee cauaed tnanapoxtat,i.on and buppty tine pnobtem. 8 hu 32. 75/h2. $ 262.00 r CROWN 'GLASS COMPLl=.Tf GLAss si*v#d Auto Glass Installed White A waft-' ,. 1231 23rd Street i' •', BEacon 2-3262 San Pablo, California' ^' lnsured's Name Address t A f f '!' Meke_and.Model of Car r:= WINDSHIELD 1 -Niece Style ` s.�. WINDSHIELD '2 Piece S Right--,:--Style,. - r FRONTDOOR Right Leff_ _ . M ; -REAR DOOR --_Right Leff FROW,VENT " Rlght left-' REAR QUARTER vYJ / BACK GLASS 1 Piece Style BACK GLASS 2 Piece Style, Right-LL, Leff f. `Please State Number of Glass � r Remarks 7• ��.• STATEMENT TO DATEle __ � ^ [ a ..�ww� r..._..�"'�l^!'1`wig"�n",v�v"[n'..L^'ti'•5...M'�Tle.e.,.-L-,^rn�.w[II:"•�'yi"'a_'ui`x� �.. , Iv is b� s ^t i i t WADSWORTH GLASS COMPANY DATE 4160 APPIAN WAY,EL SOBRANTE,CALIF.94003 /!� / INVOICENO, TELEPHONES:223.7300-223-7301 y ORDERED 'i:^•.K�"1 ••' MAIL PHONE CALL OURP_O.NUMBER" SOLD TO ``• TAKEN BY YOUR ORDER NUMBER STREET - L PHONE CHARGE COLLECT CITY - a PHONE FIRST WHEN DONE BY JOB NAME PICK UP DELIVER TIME ADDRESS LIGHTS SIZE DESCRIPTION LIST TOTAL LIST DIST TOTAL Yv x J _ x T x x x x - O x x i x x B x x x x x x x x TERMS:ALL BILLS DUE END OF MONTH OF PURCHASE.DELINQUENT AFTER IDTH OF FOLLOWING MONTH.8 PER CENT INTEREST CHARGED AFTER EO DAYS. - PLEASE PAY FROM INVOICE.NO STATEMENT SENT UNLESS REQUESTED. RECEIVED THE ABOVE IN GOOD CQNDITION DELIVERED BY DATE fY. Y SD!'BRVlm or dM wwA D}wffa amw Claim Asdm the Countyg or bistMet NMCZ 20 Q.L>]'lWJune 24 1986 governed b'Y the Hoard of Supervisors, The copy s xumen—mad to oyovaa is mss' Routing bdorsemezntso and Board aotioe of the action talon an yosr aSasm b! the Actin. L11 Section rsfarenoas Or'a board of St:parrisOrs (Paragraph r• 6slaM), to California Govwvnwt Codes n purvient to 0-and 915*%o 7191M DOWallNVSMIWO t m 123 Claimants Megan Moscarelli, a minor,. by Cheri Snyder ad litem Attorsys Mark Scott Collins Collins & Zapala Address 100 Park Center Plaza, Ste. 506 San Jose, CA 95113 `• ' Amounts See paragraph #8 By delivery to Clark an Date Received: May 29 , 1986 By nail, VwtmarkGd m _May 28 198__._ erk of Supervisors lot MWEY Attached is a copy of the above-noted claim. nateds . May 30, 1986 PIM BATCHELOR, Qark, By � Mthy aow es lie : y ,ors (Check only one) CO This claim oamplies substantially with Sections 910 and IA0.2. ( I This claim FAIIS to omply substantially with Sections 910 and 910.2. and we ars so notifying rlaimmt. the Board owmt act for 15 days (Seotim 9MOMO ( ) Maim is not timely filed. Clerk should return claim on ground that It am f1led late and send warning of claimant's right to apply for leave to pressnt a lata claim (Section 911.3). ( ) Others natedt r " Ci' _ EYt L De C6MtY MrSM 1U, VMs CLsrk of the Board 70: (1) ty Counsel, (2) County Administrator ( I Maim was retwned as s=ntimely with notice to claimant (Section 9i1.3). IV. BOARD am By tunaaimoa vote of Supervisor present ()V This claim Is rejected in fstll. ( ) Others Certify that this Is a true WO correct COPY is ni this date. Dated: JUN 4=1986 nM IMTOMM v Mark. By Deputy Clerk VART W (Gov. Code Section 913) Bubjeot to Certain ssoeptiaw,, you !rave only six (6) months !'tno the date or %bis botioe w personally served or deposited in the anti to file a Court actin an tKS claim. On Goverrmeat Code Section 945.6. Tou may seek the advice Cf an attcrmay of your ohoiee in Oonnection rith tons getter. If you want to consult On attorney, you should do so Immediately. T. "M9 Mark of the Board TDs CO OMZty Cw tsel, (2) Canty Administrator Atta*ad ars copies of the above claim. Ve notified the olaiaant of the Boardis notion an this claim by tailing a Copy of this doatmeats and a wamo thereof has bean filed and aodarsed on the Board's COPY of this Maim in a000rdanoe with Section 29703• ( ) A wiffninng of claimant's right to apply roe leave t a late claim nu nailed too DATED: J�t "M BATCMLOR, Clark, By Deputy 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 26 1 :� . LVED_ PHIL BATCMELOn —1 — EAR ,' �qO C ;O'Vu^CO15048 BY � 5 . FACTS CONCERNING THE WRONGFUL DEATH CLAIM: 1 TABATHA MOSCARELLI ( 17 ) was the mother of the 16 month 2 old minor Claimant, MEAGAN MOSCARELLI . TABATHA MOSCARELLI was a 3 4 single parent . Her mother is 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 El Sobrante City, Contra Costa 10 County, California. Immediately adjacent to the roadway surface 11 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- 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 15 single mother providing care, comfort and society, and support for her daughter, MEAGAN MOSCARELLI . The decedent also incurred 16 medical expenses which are an obligation to the Guardian ad 17 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- PROOF OF SERVICE BY MAIL (CCP 1013a; 2015. 5 ) 1 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 . 21 910, 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 . 2324 / i 25 TRACEE JEAN RRANO 26 -5- QMH BOARD OF SMVISORS OF CNW COSTA Ca1NTi. CEMMIA »ARD ACTION Claim Against the County, or bistriet ) NOTICE 70 CL AI!lW June 24, 1986- governed by the Board of Supervisos , ) The copy a sd to you In your Routing Endorsements, and Board ) notice of the action taken an your allaim 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 uWarnings". Claimant: AUDREY TAST Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street g a Amount: San Francisco, CA 94103By dellvety c ser on May 27 , 1986 $11000 ,000 . 00+ Date Received: May 27 , 1986 By mail, postmarked on I. : Clerk of the Board of Supervisors 70: Canty Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986PHIL BATCHELOR, Clerk, By �eputy II. FROM: County Counsel 70: Clerk of the 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 grand that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: ) L-c .0 L�c�C_FD putt County Cassel III. FROM: Clerk of the Board 70: (1) CouAy Cassel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( Xl 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 ��y or this date. Dated: 41986 PHIL BATOMOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date or this notice was personally served or deposited in the mail to file a court action on this claim. See Govercment Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this tatter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 10: (1) County Counsel, (2) Canty 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 aceordanee with Section 29703• ( ) A warning of claimant's right to apply for leave en a late claim was mailed DAT®:to�J $�f986 PHIL BATCHELOR, Clerk, By , Deputy Clerk �: Casty Administrator (2) Casty Cassel (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. Richmond, CA 94801 RECEIVED] 2. The address to which notices are to be sent i : Jeanette K. Shipman MAY a� 1986 LAW OFFICES OF PHIL BATCMElOR STERNS, SMITH, WALKER & GRELL /"FLEA ARD UPERVI 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 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) 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 A 4S 3 AMENDED CLADS BDARD OF SOP'ERVISQRS CW COW C0STA MMM* CUMOMIA BOARD ACTION June 24, 198b Claim Against the County, or bistrict ) WMICE To CLADlW governed by the Hoard of Supervisors, ) The oopy a led to you is your Routing E:dorsementa, and Hoard ) notioe of the action taken an your c]aim by the Action. All Section references are ) Board of Supervisors (Par'agr'aph IV, balouw), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all OVarnings". Claimant: ELIZABETH JOHNSON and DIANA PENSON Attorney: Bernard David Walter County Comm Law Offices of Lawrence D. Murray & Assoc . JUNI 7196 Address: 1781 Union Street San Francisco , CA 94123 From County Counsel Mafi *55J Amount: Unspecified By delivery to clerk on June 17 , Date Received: June 17 , 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 17 , 1986 PHIL BATCH OR, Clerk, By n of Deputy n -Cef e.L11 II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for .15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimants right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: c�[C Deputy County Counsel III. Fi& Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Maim was returned as untimely with notice to claimant (Section 911.3). IV. BDARD rWFP 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 tull I certify that this is a true and correct copy of the Board's Order entered in its mi for s date. Dated: �UN tau4 1986 PHIL BATCHELOR, Clerk, By , Deputy Mark WAR M10 (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this botice 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 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 leave to sent a late claim was mailed to c1a 6 __//// DATED: AM 3 � � PHIL BATCHELOR,, Clerk, By N� , Deputy Clerk M. Prnw+v erica{n{o+v-=+nn f151 P'ivrn+v r1,mQal f 1 Law Offices of V M \ 1781 Union Street County CllASM San Francisco, California 94123 JUN 6198E (415) 673-0555 41 June 12, 1986 9455s Ms. Vicky Finucane County Counsel 's Office 651 Pine Street #106 Martinez, California 94553 Re: Gov. Claim of Elizabeth Johnson Dear Ms. Finucane: Thank you for your help in explaining your various official notices to me regarding the above claim. In response to your Notice of Insufficiency dated June 5 , 1986 , which indicates the the claim fails to state what particular act or omission on the part of Contra Costa County caused the injury or damage, and based upon our conversation today wherein you explained the inter-relationship between the Office of Education and the County , I would amend the previous notices sent regarding this claim as follows: This amended notice of claim supplements and incorporates by reference the contents of the May 19th and May 22nd claims on file and alleges under respondeat superior that Contra Costa County knew or should have known about the alleged activities of Mr. Gonzales, had a duty to take preventative action, and failed to exercise supervisory , protective , or investigative care in the alleged matters. Please file mark and date the second copy of this letter and return it in the self addressed envelope enclosed. I have enclosed a psychologist ' s report prepared independent of the treating psychologist in the hopes that this claim may be seriously considered by the County Board of Supervisors rather than be automatically rejected and forced into formal litigation as is all too often the case. If this matter can be resolved through good faith discussions , I would be glad to meet and confer with your counsel or the designated agent of your insurance company. A. ThSank you. AAdITED Bernard David Walter 1UP� f'] 19's Attorney for Claimant PHIL BATCHELOR cc: Ms. Johnson CON? COSTA V. ORS BOA CFSu ey �081,uty -' 1 ROBERT T. FLINT, Ph.D. Licensed Psychologist 985 bloraga Road, Suite 201 f Lafayette, CA 94549 (415) 283-6362 3 June 1986 Frank M. Brass, Esq. 465 California Street, Suite 400 San Francisco, Ca. 94104 Re: Elizabeth Johnson Dear Mr. Brass: I initiated a psychological evaluation of Ms. Johnson on this date, at your request. As Ms. Johnson's history is-quite complex, I have not yet completed the total evaluation, and will be seeing her again, in the near future, to complete her history. Ms. Johnson generated a highly abnormal MMPI . I have not had time to analyze it in detail. However, a cursory inspection of the results indicates that`• she is in great psychological distress, and probably displays symptoms of anxiety, depression, and confusion. The history that I have elicited thus far is more than adequate for me to determine that she is temporarily and totally disabled from her usual and customary occupation. Her disability is the direct result of the conditions of her employment, and the abuse and harassment, both physical and emotional, that she suffered at the hands of her supervisor, Mr. Nick Gonzales. Ms. Johnson has a tragic history of being abused as a child. Her grandfather sexually molested her on many occasions., and her mother physically battered her. It is not excessive to describe her mother's treatment of her as torture. Ms. Johnson also has a history of a variety of psychogenic physical problems from early adolescence. Moreover, her history of interpersonal relationships has been chaotic and unsatisfying. Her work history, however, especially while with the Neighborhood Youth Corps, has been one of productivity and achievement. While my preliminary evaluation suggests that the Axis II diagnosis given her at the Walnut Creek Psychiatric Hospital, in 1984, "Dependent Personality Disorder" is probably accurate, there is no evidence that this disorder has significantly interfered with her work in the past. Ms. Johnson describes a history of constant and escalating sexual harassment and physical abuse from Mr. Gonzales. She relates that he regularly insisted on her listening to his vivid and explicit descriptions of his sexual activities with other women, and then embarrassing and humiliating her by questioning her about her own sexual preferences. Robert T. Flint, Ph.D. and Gayla Kuibel, Ph.D., Psychologists, A Professional CorporuUon Frank M. Brass, Esq. Re: Elizabeth Johnson f 6 June 1986 Page 2 He repeatedly said such things to her as, "Why don't you give me a blow job?, " and, "Why don't you take me home and screw my brains out?" He commonly squeezed her buttocks and breasts when he passed her in the office. In late spring or early summer, 1984, he publicly assaulted her. He struck her, forehand and back, across the face. In June, 1985, a heavy desk at which she was seated gave way, and injured both of her knees. A physician at John Muir Hospital sent her home with instructions to remain off work for a week, to keep her legs elevated, and to apply ice to her knees. Mr. Gonzales came to her apartment the evening of her injury. He "reeked of alcohol," was staggering, and displayed slurred speech. When her daughter answered the door, Mr. Gonzales flung the door open so forcefully as to strike the child with it. He demanded of Ms. Johnson, "What the fuck are you doing?" As he was too large to fit into Ms. Johnson's chair, he lay on the floor. He drank half a bottle of vodka that he appropriated from her kitchen. Shortly after he arrived, Mr. Gonzales "karate chopped" her knees. This caused her so much pain that she screamed. Mr. Gonzales said, "I wanted to make sure you were really hurt." Following this action, he heaped contumely on her. He told her that no one loved her, that her mother and father had not loved her, that no one at work liked her, that she was no good at her job, and that she was worthless. He then rubbed her leg, and "soaking with sweat and reeking of vodka, this 500-pound blob leaned over and demanded that I kiss him." When she refused his demand, he resumed his flow of invective. She describes thereupon "going blank" in terms that suggest she withdrew into a fugue state. This represents a major reaction to stress. Ms. Johnson's daughter came into the room often during this scene, drawn by Mr. Gonzales ' loud voice and her mother's sobs. Ms. Johnson had to reassure her repeatedly that she was, all right, and to send the girl back to her room. As Mr. Gonzales left, he said, "You'd better never tell anyone, or try to put me under, because you won't win." He added, "I'll get you." He left, after saying repeatedly, "Don't ever tell anyone." The abusive behavior, and especially the specific words said by Mr. Gonzales, caused Ms. Johnson to have a flashback to the torment that she suffered at the hands of her mother and her grandfather. The words, "Don't ever tell anyone," were particularly loaded, as she was commonly told thle after being abused. Frank M. Brass, Esq. Re: Elizabeth Johnson 6 June 1986 Page 3 She "fell apart," after he left. She says, "I wanted to die right then." She was weeping and distraught for a couple of days after he left, but has little memory of that time. Most of her memory is really her recitation of what she was told by her daughter. The final act of harassment and abuse occurred on March 21, 1986. Ms. Johnson had suffered an allergic reaction the night before, and had taken antihistamines. The medication produced a .sedative effect, and she overslept. At about 10:00 a.m. , she was wakened by a pounding on her door. She looked through the peephole, and saw Mr. Gonzales "walking up and down in the hall, looking like he could kill." He banged on the door many more times, but she was too frightened to answer the door. "He looked like he'd kill me if I opened the door." He later telephoned her to demand that she come to work. When she said she was sick, he responded, "Bullshit, get your ass in 'here." When she remonstrated with him, he repeated, "I don't give a fuck, get your ass in here, you have placements to take care of." He said that he had talked to the funding agency, and that she had to have certain papers there by that afternoon. When she later called the funding agency, she was told that Mr. Gonzales had not talked to anyone there. As Ms. Johnson knew it was Mr. Gonzales' practice to leave the office in mid-afternoon, she waited until she was sure he would not be there before going to work. She completed the assigned task, and made sure that it was delivered to the appropriate parties. She was so frightened and upset by the incident that she never returned to work. M9-. Johnson feels that the worst result of this harassment occurred after she returned home that day. As her 14-year old daughter had been greatly upset by Ms. Johnson's suicide attempt in 1984, she had promised her that she would never do such a thing again. After returning home on March 21, 1986, she told both of her daughters that she did intend to kill herself. Her daughter was so upset by this that she moved out, and has not returned. When asked why she had not protested these actions at the time, Ms. Johnson could only say that she feared she would lose her job if she did offended Mr. Gonzales. As she was the sole support of her daughter and herself, and as she had many bills, she could not afford to risk a job that paid well. She felt particularly vulnerable because she was the only counselor who had no degree. All of the other counselors had Master's degrees. Ms. Johnson would be able to do her job today, despite whatever personal problems she might have, were it not for the treatment that she suffered at the hands of Mr. Gonzales. As a direct result of his actions, she is now suffering from an Anxiety Disorder, as well as Psychological Factors Prank M. Brass, Esq. Re: Elizabeth Johnsogf 6 June 1986 Page 4 Affecting Physical Condition. The Dysthymic Disorder from which she has long suffered has been aggravated by Mr. Gonzales' actions. Ms. Johnson has been receiving psychotherapy for some time, and appears to have benefitted from it. I strongly recommend that her psychotherapy continue, so that the damage done to her by Mr. Gonzales might be undone. I will be forwarding a comprehensive evaluation to you at a later date, after I have had the opportunity to interview Ms. Johnson again. Please advise me if anything in this brief report needs .amplification or clarification. Sincerely, - . , Robert T..F Flint, P D. Licensed Psychologist RTF:ea H t . <A:,M=E.:,N ,D E D - CLAD4 BOARD OF SUMVISORS OF COM COSTA COUNTY. CA1.11UNI_A BOARD ACTION Claim Against the County, or District ) 110TICE 10 CLAIMANT June 24, 1986 governed by the Board of Supervisors, ) The oopy of—tffirs-366GWEied to you is your Routing Endorsements, and Boars! ) notice of the action taken on your maim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Goverment Code Section 913 and 915.4. Please note all wWarningsw. Claimant: Bertha Thomas Attorney: Christopher J . Joy Russell, Joy & Feinberg JUN 12 1986 Address: One Kaiser Plaza, Ste . 2135 Oakland, CA 94612 MithnlLCAlpS Amount: Unspecified By delivery to clerk on Date Received: June 11, 1986 By mail, postmarked on .Tun P 9 , 1 g S 6 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: June 11 19 86 PHIL BATCHELOR Clerk. `1 By � Llvv� Deputy Cath —Kno-klNes II. FROM: County Counsel 1n: Clerk of ,)the Board of Supervisors (Check only one) (x) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: ��_` �� - Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3)• IV. BOARD ORDER By unanimous vote of Supervisors present hs..07AVVA.elb (�) This elaim'is rejected in full. ( ) Other: I certify that this is a true and correct copy of t e Board's Order entered in its minutes for this date. 1/� Dated: JUN 2 419�� PHIL BATCHII.OR, Clerk, BY C y}}�� , Deputy Clerk WARNIM (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in oonnection with this batter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to esent a late claim was mailed to claimant. DATID: JUN 3 0 1986 PHIL BATCHELOR; Clerk, BY l , Deputy Clerk , cc: County Administrator (2). County Counsel (1) a . . Russell, Joy & Feinberg ArrOIL\LA'S AT LAW One Kaiser Pla 7a,Suite 2135 Oakland,California 94612 (41,5) 444-6100 Stephen J.Russell Christopher J.Joy Seth J.Feinberg June 10 , 1986 County of Contra Costa Clerk of Board of Supervisors 651 Pine Street Martinez , California Re : Claim of Bertha Thomas Gentleperson: Enclosed herewith is an AMENDMENT OF CLAIM OF BERTHA THOMAS in the above matter. Please file the original and return a file-stamped copy to us in the enclosed self-addressed, stamped envelope. Thank you. Sincerely, RUSSELL, JOY & FEINBERG Sidney MaZusan Legal Secretary /sam Enclosures June 10, 1986 TO: County of Contra Costa Clerk of Board of Supervisors 651 Pine Street Martinez , California AMENDMENT OF CLAIM OF BERTHA THOMAS Pursuant to the Notice of Insufficiency of Claim served on claimant on June 4 , 1986 , BERTHA THOMAS hereby amends her claim to more specifically describe the location of the unimproved lot owned by her that has been affected by the slide and debris : The lot is unimproved and is situated immediately adjacent to the improved property at 17 La Encinal , Orinda, California. Mud and debris from the slide has affected claimants ' lot as well as 17 La Encinal . The County has previously rejected a claim by Wendy Wood and Robert Spohr for their property at 17 La Encinal and the County has investigated that slide and is familiar with the fact that it also affects the lot owned by BERTHA THOMAS. Dated: June ��, 1986 RUSSELL, JOY & FEINBERG By Cfiristoplfer o Attorney for BERTHA OZOMAS RECEIVED AIN tl ?9Z ; PHIL SA NELDA ERI( AD* PERVIR$ RA TACO. \j _ RECEIVED MAY °? 1986 rHI BATCHELOR CLERK 60Avn OF SUPERVISOR: C N RC STA CO. tr May 27 , 1986 TO: County of Contra Costa Clerk of Board of Supervisors 651 Pine Street Martinez , California Bertha Thomas hereby makes claim against the County of Contra Costa for the sum of $130 , 000. 00 and makes the following statements in support of the claim: 1 . Claimant' s post office address is 73 Ardilla Road, Orinda, California 94563 . 2. Notice concerning the claim should be sent to Christopher J. Joy , Russell , Joy & Feinberg, Suite 2135 , One Kaiser Plaza, Oakland, California 94612 . 3 . The date and place of the occurrence giving rise to this claim are February 17 , 1986 , between the public street El Toyonal and the private street La Encinal , situated in Orinda, California. 4 . The circumstances giving rise to this claim are as follows : At about 10 : 00 P.M. On Monday , February 17 , 1986 , the public street known as E1 Toyonal suffered a landslide which slide has deposited vast quantities of dirt , rock, mud, trees and other slide debris on the unimproved lot owned by claimant on La Encinal , in Orinda. Such slide occurred as a result of a dangerous condition of public property on E1 Toyonal and constitute a private nuisance of a continuing and permanent nature. 5 . Claimant' s injuries include: A. Destruction of lot by deposit of slide debris thereon and blockage of creek culvert designed to convey water from claimant ' s property; B. Dimunition in fair market value of claimant 's real property, even if repairs are made to remove slide debris ; C . Inverse condemnation of claimant ' s property resulting in a total taking thereof by a public entity. 6 . The names of the public employees causing the claimant ' s injuries are' unknown at this time. 7 . The amount claimed as of the date of this claim is $130 , 000. 00. 8 . The basis of compilation of the above amount is as follows : A. Removal of slide debris and restoration of creek bed and culvert $100 , 000 . 00 B. Dimunition in fair market value after (A) above completed. 30 , 000 . 00 In the Alternative C. Fair market value of property taken by Inverse Condemnation $130 , 000 . 00 Dated: 94 RUSSELL, JOY & FEINBERG VT By CHRISTOPRJ. Joy Attorney for Cla ant Bertha Thomas //S AMENDED CL AI?4 BOARD OF SOPERVISORS OF 03UU CMTA MOM Cffi.V=IA BOARD ACTION Claim Against the County, or District ) yMCE TO Ci.A1lW June. 24, 1986 governed by the Board of Supervisors, ) The copys t Med to you is yaw Routing Endorsements, and Board ) notice of the action taken an your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4• Please note all "Warnings". Claimant: ELIZABETH JOHNSON and DIANA PENSON r11Nnty Counsel Attorney: Bernard David Walter Lawrence D. Murrav & Associates .111N 1 71986 Address: 1781 Union Street San .Francisco, CA 94123 viumrwa CA y Amount: Unspecified By delivery to clerk on Date Received: May 27 , 1986 By mail, postmarked on May 23 , 1986 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: May 28, 1986 PHIL BATCHELOR, Clerk, By 003 Deputy n Cervelli II. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. ( This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cAnnot'act for 15 days (Section 910.8).. �� c CC . , Cru c d r��- AAcz - 0-AL (?C) Claim is not timer' filed /��lerk shfai:ld return clai�On ground that V �was � d� late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). Z„�k&&ata ( ) Other: Dated: By: �U Deputy Co y Counsel III. OM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( ) This claim is rejected in full. ( x) Other: Portion of claim as amended not previously returned as untimely is rejected in full . I certify that this is a true and correct copy of.the Board's Order entered in its minutes for this date. Dated: JUN 2 4 l9RR PHIL BATCHELOR, Clerk, By Deputy Clerk YARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notioe 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 oonneetion with this batter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the 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. ( ) AAgwaa}rning of claimant's right to apply for leave to prese"nt�a late claim was mailed DATED: Ju'�J PHIL BATCHELOR, Clerk, By ��u�e�� , Deputy Clerk cc: County Administrator (2) County Counsel (1) Law Offices of . � JdlG�acc2�e6 , 1781 Union Street San Francisco, California 94123 (415) 673-0555 May 22 , 1986 Clerk of the County Board of Supervisors 651 Pine Street Martinez , California 94553 Re: Gov . Claim of Elizabeth Johnson Dear Clerk: Enclosed is a supplemental notice to the May 19th one previously sent to you . Based on continuing investigation of this matter , these additional facts should be brought to your attention. Further, Ms. Johnson indicates that Mr . Gonzales threatened to physically harm her if she ever reported his sexual harrassment to authorities . Since Ms . Johnson has known Mr. Gonzales many years , has already been struck by him several times , she has reason to feel that he means business and to consider him dangerous. Please have a responsible person admonish Mr. Gonzales not to have any direct or any indirect contact with Ms . Johnson or her daughter. Thank you . G1'LCJ Bernard David Walter Attorney for Claimant cc: Ms . Johnson Law Offices of 1781 Union Street San Francisco, California 94123 (415) 673-0555 NOTICE OF SUPPLEMENT TO CLAIM AGAINST PUBLIC ENTITY PURSUANT TO THE CALIFORNIA GOVERNMENT CODE (Sec . 812 et seq. ) Based upon continuing investigation of this matter, this notice supplements and incorporates by reference the contents of the May 19th Johnson claim. Claim Against : Contra Costa County, Contra Costa County Office of Education , Contra Costa County Superintendant of Schools , 75 Santa Barbara Road , Pleasant Hill , California 94523 Claimants ' Name: Elizabeth L. Johnson and Diana Penson . Claimant ' s Address : c/o Bernard Walter , Murray & Associates , 1781 Union Street, San Francisco, California 94123 Claimant ' s Telephone: c/o Bernard Walter, ( 415 ) 673-0555 How Injuries Occurred: Ms . Penson observed the physical and psychological pain and suffering endured by her mother, Ms. Johnson , including a suicide attempt, attempt which resulted from Mr: Gon- zales ' harrassment . Also , she was assaulted by Mr. Gonzales when he forced his way into the Johnson home, and thereafter she observed Mr. Gonzales take a vodka bottle from a shelf , begin drinking , and make sexual advances on Ms . Johnson over her mother ' s objection. It should be noted that Mr. Gonzales threatened to injure Ms . Johnson if she ever told anyone about his abuses. Description of Injury (known at this time ) : Emotional pain and suffering both personally and by identification with her mother , alienation and disorientation of feelings toward her mother during the emotional breakdown , and fright related to Mr . Gonzales assault and forced entry into her home . Date: May 22 , 1986 Murray & Asstciates Bernard David Walter RF,CEltTED Attorney for Claimant MA( K PNI Roo ME EPVIS �LEA�eAC TPC 1 DECLARATION OF SERVICE BY MAIL -- CCP 1013a & 2015 . 5 I declare that I am a citizen of the United States, a resident of San Francisco over the age of 18 years, not a party to the within action, and that my business address is 1781 Union Street; San Francisco, California 94123 . That on May 22 , 1986 , I served the within Notice of Supplemental Claim Against Public Entity on the interested parties by placing a true copy thereof in an envelope addressed to the following : Clerk of the County Board of Supervisors 651 Pine Street Martinez , California 94553 Ms . Vicky Finucane The Honorable Ron Steward County Counsel ' s Office Superintendant of Schools 651 Pine Street ##106 75 Santa Barbara Road Martinez , California 94553 Pleasant Hill , California and by then sealing and depositing said envelope with postage fully prepaid in the U. S. mail at San Francisco, California. I declare under penalty of perjury that the foregoing is true and correct , pursuant to the laws of the State of Cali- fornia . Executed May 22 , 1986 . 2 i C Law Offices of �`\j`(/_/ c�C. �2�uu�.,raftd 1781 Union Street San Francisco, California 94123 Counts Counsel (415) 673-0555 MAY 2 1 1986 May 19 , 1986 Ms . Vicky Finucane Martinez, -N 94553 County Counsel ' s Office 651 Pine Street #106 Martinez , California 94553 Re: Gov. Claim of Elizabeth Johnson Dear Ms. Finucane: Thank you for your help in directing the enclosed claim. One copy is being sent per your recommendation to the Board of Supervisors , and since you will probably receive it in due course anyway, a copy is directed to your office as well. Please date file the second copy and return it in the stamped, self addressed envelope enclosed. Characteristically, government tort claims are automatically rejected and forced into formal litigation. However , if this matter can be resolved through good faith discussions, I would be glad to meet and confer with your counsel . Thank you . I -,-& C/ ; Bernard David Walter Attorney for Claimant cc: Ms . Johnson Law Offices'of tRECEIVED 1781 Union Street MAY a7tOE! San Francisco, California 94123 (415) 673-0555 PHILRoOr 4"RRA CO Aff 16 NOTICE OF CLAIM AGAINST PUBLIC ENTITY PURSUANT TO THE CALIFORNIA GOVERNMENT CODE (Sec. 812 et se . ) Claim Against : Contra Costa County, Contra Costa County Office of Education , Contra Costa County Superintendant of Schools , 75 Santa Barbara Road, Pleasant Hill , California 94523 Claimant ' s Name: Elizabeth L. Johnson Claimant ' s Address : c/ o Bernard Walter , Murray & Associates , 1781 Union Street , San Francisco, California 94123 Claimant ' s Telephone: c/o Bernard Walter, ( 415 ) 673-0555 Amount of Claim: $500 , 000 , consisting of past , present, and future medical/psychological expenses . . . $200 , 000 ; past , present, and future wage loss. . . $100 , 000 ; and general damages of $200 , 000 . Address to which Notices are to be sent : Bernard David Walter, Murray & Associates , 1781 Union Street , San Francisco , California 94123 Date of Incident: Cumulative through March 21 , 1986 , date claimant called in sick caused by a visit by Mr . Gonzales to Claimant ' s home where he banged on Claimant ' s door and repeatedly rang her door bell , followed by harrassing phone calls . Location of Incidents: Contra Costa County , primarily at Neighborhood Youth Corps facilities , 1700 Oak Park Blvd . , Pleasant Hill , California 94523 , conference in San Diego, and at Claimant ' s home. Name Of Public Employee Causing Injury/Damage: Nick Gonzales , Neighborhood Youth Corps Director , County Office of Education, while acting in the course of his work ; and Supervisory personnel who did not take reasonable protective measures against such conduct having been put on notice of the hazardous condition created by Mr . ' Gonzales ' drinking problems and abuse of employees. How Injuries Occurred: Claimant began public service employment under Nick Gonzales in 1977 when personal relations were relatively professional . Gradually, however , Mr. Gonzales took advantage of his supervisory position and position of trust to sexually harrass claimant both on and off the job. He has trespassed into her home, he has slapped her for refusing his advances both in her home and in public places, and engaged in systematic administrative and psycho- 1 ,logical torture to compel compliance with his sexual intent- ions . Mr . Gonzales even pursued claimant to San Diego during a conference to force his attentions on her . Ulti- mately , this caused emotional breakdown and made work im- possible for her and forced her to leave her job. Description of Injury (known at this time ) : Emotional breakdown and loss of job as a result of the stress intentionally created by Mr . Gonzales . Development of panic attack pattern associated with Mr . Gonzales , characterized by hyperventilation , perspiration , nausea , nervousness, physical immobilization, insomnia , weight gain , nightmares , migraine headaches , psychological disorientation, loss of self esteem/professional aspirations , chronic depression, and suicidal impulses. Date: May 19 , 1986 Murray & Associates t ` -�� Bernard David Walter Attorney for Claimant DECLARATION OF SERVICE BY MAIL -- CCP 1013a & 2015 . 5 I declare that I am a citizen of the United States , a resident of San Francisco over the age of 18 years , not a party to the within action, and that my business address is 1781 Union Street , San Francisco, California 94123 . That on May 19 , 1986 , I served the within Notice of Claim Against Public Entity on the interested parties by placing a true copy thereof in an envelope addressed to the following : Clerk of the County Board of Supervisors 651 Pine Street Martinez , California 94553 Ms . Vicky Finucane The Honorable Ron Steward County Counsel ' s Office Superintendant of Schools 651 Pine Street #106 75 Santa Barbara Road Martinez , California 94553 Pleasant Hill, California and by then sealing and depositing said envelope with postage fully prepaid in the U. S. mail at San Francisco, California. I declare under penalty of perjury that the foregoing is - true and correct , pursuant to the laws of the State of Cali- fornia . Executed May 19 , 1986 . J l//dn1 2 AMENDED CUUM BOARD OF SUPERVISORS OF CNTU COSTA a=ns s CALIFORNIA . BOARD ACTION Claim Against the County, or bistrict ) NOTICE 70 C.AIKANT June 24, 1986 governed by the Board of Supervisors, ) The copy of a t led to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "UarnW*C0U"sat Claimant: Elizabeth Johnson and Diana Penson Attorney: Bernard David WalterJUN 1 71986 Lawrence D. Murray & Associates MltbM .CA W55% Address: 1781 Union Street San-Francisco , CA 94123 transmittal Amount: Unspecified By delivery to clerk on May 9R I q 8 6 Date Received: May 28 , 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: May 30, 1986 PHIL BATCHELOR, Clerk, By ° Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ('� //) This claim complies substantially with Sections 910 and 910.2. (7V This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board of act for 15 days. (Section 10.8). /�62 ems/ �C C L� C'eLGL t1 Q d/ �� ' (�) Claim is not tidy filly Clerkuld returnCc�laim on ground that it wa�filn , �c�.' late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: i00 in- Dated: ,?. BY: - U� Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( 1 This claim is rejected in full. ( X ) Other: Portion of claim as amended not previously returned as untimely is rejected in full . I certify that this is a true and correct copy of t e`Booard's Order entered in its mi� 41986 s �PHHIL Dated: BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to oertain exceptions, you have only six (6) months from the date of this notice Was personally served or deposited in the mail to file a oourt action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in oonneetion with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave o present a late claim was mailed DATED:t has PHIL BATCHELOR, Clerk, By Deputy Clerk ec: County Administrator (2) County Counsel (1) CLAIM . VJ . Law Offices of ,.� w-J C� Jdla6c�ctir�Pd 1781 Union Street San Francisco, California 94123 (415) 673-0555 COUnty Counsel May 22 , 1986 MAY 2 i 1986 �?art�n�Z �� Ms . Vicky Finucane 94553 County Counsel ' s Office 651 Pine Street #106 Martinez , California 94553 Re: Gov. Claim of Elizabeth Johnson Dear Ms . Finucane: Enclosed is a supplemental notice to the May 19th one previously sent to you . Based on continuing investigation of this matter, these additional facts should be brought to your attention. Further , Ms. Johnson indicates that Mr . Gonzales threatened to physically harm her if she ever reported his sexual harrassment to authorities . Since Ms. Johnson has known Mr. Gonzales many years , has already been struck by him several times , she has reason to feel that he means business and to consider him dangerous. Please have a responsible person admonish Mr. Gonzales not to have any direct or any indirect contact with Ms . Johnson or her daughter. Thank you . Bernard David Walter �� Attorney for Claimant MAY a`�198C cc: Ms . Johnson P IL BST ELOR LERK HOOF HVISORS RA CO T I I 1 slaw Offices of 1781 Union Street San Francisco, California 94123 (415) 673-0555 NOTICE OF SUPPLEMENT TO CLAIM AGAINST PUBLIC ENTITY PURSUANT TO THE CALIFORNIA GOVERNMENT CODE (Sec. 812 et seg. ) Based upon continuing investigation of this matter, this notice supplements and incorporates by reference the contents of the May 19th Johnson claim. Claim Against : Contra Costa County, Contra Costa County Office of Education , Contra Costa County Superintendant of Schools, 75 Santa Barbara Road, Pleasant Hill , California 94523 Claimants ' Name: Elizabeth L. Johnson and Diana Penson. Claimant ' s Address : c/o Bernard Walter , Murray & Associates , 1781 Union Street, San Francisco, California 94123 Claimant ' s Telephone: c/o Bernard Walter , ( 415 ) 673-0555 How Injuries Occurred: Ms . Penson observed the physical and psychological pain and suffering endured by her mother , Ms. Johnson , including a suicide attempt , attempt which resulted from Mr. Gon- zales ' harrassment . Also, she was assaulted by Mr. Gonzales when he forced his way into the Johnson home , and thereafter she observed Mr. Gonzales take a vodka bottle from a shelf , begin drinking , and make sexual advances on Ms . Johnson over her mother ' s objection. It should be noted that Mr . Gonzales threatened to injure Ms . Johnson if she ever told anyone about his abuses . Description of Injury (known at this time ) : Emotional pain and suffering both personally and by identification with her mother, alienation and disorientation of feelings toward her mother during the emotional breakdown , and fright related to Mr. Gonzales assault and forced entry into her home . Date: May 22 , 1986 Murray & Asstciates Bernard David Walter Attorney for Claimant 1 t DECLARATION OF SERVICE BY MAIL -- CCP 1013a & 2015 . 5 I declare that I am a citizen of the United States , a resident of San Francisco over the age of 18 years , not a party to the within action , and that my business address is 1781 Union Street, San Francisco, California 94123 . That on May 22 , 1986 , I served the within Notice of Supplemental Claim Against Public Entity on the interested parties by placing a true copy thereof in an envelope addressed to the following : Clerk of the County Board of Supervisors 651 Pine Street Martinez , California 94553 Ms . Vicky Finucane The Honorable Ron Steward County Counsel ' s Office Superintendant of Schools 651 Pine Street #106 75 Santa Barbara Road Martinez , California 94553 Pleasant Hill , California and by then sealing and depositing said envelope with postage fully prepaid in the U. S. mail at San Francisco, California. I declare under penalty of perjury that the foregoing is true and correct , pursuant to the laws of the State of Cali- fornia . Executed May 22 , 1986 . 2 Law Offices of C� �6acc2�d 1781 Union Street San Francisco, California 94123 (415) 673-0555 May 19 , 1986 Clerk of the County Board of Supervisors 651 Pine Street Martinez , California 94553 Re: Gov. Claim of Elizabeth Johnson Dear Clerk: Thank you for your help in directing the enclosed claim. One copy is being sent per your recommendation to the county counsel ' s office , and since you will probably receive it in due course anyway, a copy is directed to your office as well . Please date file the second copy and return it in the stamped, self addressed envelope enclosed. Characteristically, government tort claims are automatically rejected and forced into formal litigation . However , if this matter can be resolved through good faith discussions, I would be glad to meet and confer with your counsel . Respectfully criCv Bernard David Walter Attorney for Claimant cc : Ms . Johnson Law, Offices of e2 -^671,cE RECEIVED 1781 Union Street MAY San Francisco, California 94123 (415) 673-0555 PHIL BAT MELOR LERr A I S ERVI RA C NOTICE OF CLAIM AGAINST PUBLIC ENTITY PURSUANT TO THE CALIFORNIA GOVERNMENT CODE ( Sec . 812 et se6,,,,)) Claim Against : Contra Costa County,. Contra Costa County Office of Education , Contra Costa County Superintendant of Schools , 75 Santa Barbara Road, Pleasant Hill , California 94523 Claimant ' s ?came : Elizabeth L. Johnson Claimant ' s Address : c/ o Bernard Walter , Murray 8 Associates, 1781 Union Street , San Francisco, California 94123 Claimant ' s Telephone: c/o Bernard Walter, ( 415 ) 673-0555 Amount of Claim: $500 , 000 , consisting of past , present, and future medical /psychological expenses. . . $200 , 000 ; past , present, and future wane loss. . . $100 , 000 ; and general damages of $200 , 000 . Address to which Notices are to be sent : Bernard David Walter, Murray 8 Associates , 1781 Union Street , San Francisco , California 94123 Date of Incident : Cumulative through March 21 , 1986 , date claimant called in sick caused by a visit by Mr. Gonzales to Claimant ' s home where he" banged on Claimant ' s door and repeatedly rang her door bell , followed by harrassing phone calls . Location of Incidents : Contra Costa County , primarily at Neighborhood Youth Corps facilities , 1700 Oak Park Blvd . , Pleasant Hill , California 94523 , conference in San Diego, and at Claimant ' s hone . Name Of Public Employee Causing Injury/Damage: Nick Gonzales , Neighborhood Youth Corps Director , County Office of Education, while acting in the course of his work ; and Supervisory personnel who did not take reasonable protective measures against such conduct having b,--en put on notice of the hazardous condition created by Mr . Gonzales ' drinking problems and abuse of employees. How Injuries Occurred: Claimant began public service employment under Nick Gonzales in 1977 when personal relations were relati.vely professional . Gradually, however, Mr. Gonzales took advantage of his supervisory position and position of trust to sexually harrass claimant both on and off the job. He has trespassed into her home , he has slapped her for refusing his advances both in her home and in public places, and engaged in systematic administrative and psycho- 1 logical torture to compel compliance with his sexual intent- ions. Mr . Gonzales even pursued claimant to San Diego. :during a icbnPerence to force his attentions on her. Ulti- mately , this caused emotional breakdown and made work im- possible ,for her and forced her to leave her job. Description of Injury (known at this time ) : Emotional breakdown and loss of job as a result of the stress intentionally created by Mr. Gonzales . Development of panic attack pattern associated with Mr. Gonzales, characterized by hyperventilation, perspiration, nausea , nervousness, physical immobilization, insomnia , weight gain, nightmares , migraine headaches , psychological disorientation, loss of self esteem/professional aspirations , chronic depression, and suicidal impulses. Date: May 19, 1986 Murray & A/sso fates I JYit�.GL?G`� C Bernard David Walter Attorney for Claimant DECLARATION OF SERVICE BY MAIL -- C P 1013a & 2015 . 5 I declare that I am a citizen of the U.iited States, a resident of San Francisco over the age of 18 years, ' not a party to the within action , and that my business address is 1781 Union Street , San Francisco, California 94123 . That on May 19 , 1986 , I served the within Notice of Claim Against Public Entity on the interested parties by placing a true copy thereof in an envelope addressed to the following : Clerk of the County Board of Supervisors 651 Pine Street Martinez, California 94553 Ms. Vicky Finucane The .Honorable Ron Steward County Counsel ' s Office Superintendant of Schools 651 Pine Street #{106 75 Santa Barbara Road Martinez, California 94553 Pleasant Hill, California and by then sealing and depositing said envelope with postage fully prepaid in the U. S. mail at San Francisco, California. I declare under penalty of perjury that the foregoing is true and correct , pursuant to the laws of the State of Cali- fornia. Executed May 19, 1986 . 2 WT v V v man or xmwryr_gm Or Ems w= 0=111, GL.401Qn> Claim w1wt the qty, or b1strict VMCZ !D CLL1KW June 24, 1986 governed by the board of SuDereisars. itis copy sr tttits aocsmeni srlied to �vn L yens' pouting V dorsements, and board notice cc the action taken on yes' esas� bf ebs Action. All Section ro referanoss aBoard of &tparvison (paragraph V9 b d w)o to California Oovwmment Owes glean pxsuant to Government Oo0s Section 913 and 515.6• nease not. all mirar nIA80. Claimants Frank Woo & C. T. Shih CCU* emse) Attoresys Michael W. Bloom JUN 0 51986 Greene, Mayer, Picchi & Bloom Addreass 80 E. Sir Francis Drake Blvd. Larkspur, CA 94939 Mitt Oe2ito clerk co Unspecified By Date beoadvsdt June 5, 1986 By mils O0sburw an Cert . # P 058 637 4 . es o Supervisors : y courAu Attached is a copy of the above-noted clals. Bated: June 5 , 1986 NM BATOMMM s Clerk, By . VKH, y Counsel TD: CLaft son (Cheek only one) (X) Ibis claim o®plies substantially with Sections 910 and 910.2. ( ) We claim TAIIS to o®ply substantially with Sections 1110 and 1110.2s end as ars so notifying claimant. The board owmt act for 15 days (Section 910.5). ( ) Claim is not timely filed. Clerk should return claim an ground that it was tiled late and send xarniri� of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Otbers hated: < ,t_¢, X by: my eburity L III. ll Ms Qerk cf the board 701 (1) County Oonsisel, (2) County Administrator ( ) Main was returned as antiaely with notice to claimant (Section 41.3). TV* BDiAY0 Oltislt n1�lOG0 By unanim� vote of Supervisors present A5 A (k) !lits claims rejected in ftt 0 ( I Others 011irtify-that this Is a true MA correct Copy of the Bwedrs Order eo t ai jcn(nis date. Dated: PM NAT ELOR, Moak, 3y► � . Defy Clerk VARr= (Gov. Owe Section 913) Aibject to certain esaeptioos, you have ally sig (6) wnths fiem Abs dao d tate natioe was personally served or deposited in the aril to We a oast notion cc this alai'. See (ornament Code Section 945.6. Tau nay seek the advice of on attarnry of your 0tnoioe in oot>tnerrtIce with this astter. HIM rant to consult = atto wY• you should do mo mediately. T. nM: Clerk of the Board !D: Cl) 0mEty Counsel, (2) County Aftiaistratar Att&* d are copies of the above claim. We notified the clalvent of the Board's tatiorn an this claim by mailing a Dopy of this &Mffmt, and a memo thereof has Ogen filed a:nd endmwd m the Board's copy of this Claim in acoadatm with Section 29703- ( I A w irraniinngaciof stat=nits right to apply for leave to t a late chin I" nailed >aATF�:- JUN 3 0 lu !HIL BAT021M, Cleric, BY � Deputy Qerk F V- GREENE, MAYER, PICCHI & BLOOM AN ASSOCIATION INCLUDING PROFESSIONAL CORPORATIONS Michael W.Bloom ATTORNEYS AT LAW Telephone David J.Picchi 80 E.Sir Francis Drake Boulevard (415)461-6668 Alan M.Mayer,Inc. Suite 3E C.Clay Greene Larkspur,CA 94939 May 30 , 1986 Vickie Finucane V*C4. ly06 Clerk ' s Office ^ County of Contra Costa W' Contra Costa Courthouse P.O. Box 911 Martinez, CA 94553 CERTIFIED MAIL/RETURN RECEIPT REQUESTED RE: Claim of Frank Woo and C.T. Shih Dear Ms. Finucane : This will confirm our conversation of May 28, 1986 in which we discussed the recently filed claim on behalf of Frank Woo and C.T. Shih. You informed me that although the claim indicated that we represented Frank Woo and C.T. Shih with regard to the claim it was only being processed with regard to Frank Woo as result of his name and address being at paragraph one of the letter . Please take this letter as indication that C.T. Shih, the wife of Frank Woo, is also a claimant with regard to the above referenced claim. Thank you in advance for your cooperation in this regard . Very truly yours, MICHAEL W. BLOOM MWB:arm FRECEIVED Pift BAT '4 on LFROC TAC V) GREENE, MAYER, PICCHI & BLOOM AN ASSOCIATION INCLUDING PROFESSIONAL CORPORATIONS Michael W.Bloom ATTORNEYS AT LAW Telephone David t Picchi 80 E.Sir Francis Drake Boulevard (415)461-6668 Alan M.Mayer,Inc. Suite 3E C.Clay Greene Larkspur,CA 94939 May 19, 1986 County of Contra Costa Contra Costa Courthouse P.O. Box 911 Martinez , CA 94553 Attn: Board of Supervisors CERTIFIED MAIL/RETURN RECEIPT REQUESTED Dear Sir or Madam: I represent Frank Woo and Cit Shin with regard to a Claim for Damages to their property located at 1067 Via Baja , Lafayette , California and present this Claim to the County of Contra Costa pursuant to Section 910 of the California Government Code. 1. The name and post office address of the Claimants are as follows : FRANK WOO 18 Presidio Terrace San Francisco, CA 94118 2 . The post office address to which notices regarding this Claim to be sent is as follows: ALAN M. MAYER MICHAEL W. BLOOM 80 E. Sir Francis Drake Blvd . , Suite 3E Larkspur , CA 94939 3 . On or about February 14 , 1986 at 1607 Via Baja, Lafayette, California Claimants suffered injuries and continue to this date to suffer injury by virtue of the failure of the public entity to maintain their property causing damage to his property, including his residence thereon caused by several causes including, but not limited to, redirection, deflection, and pooling of water on the property, and the removal of support�� for the property. OWNS i 4 . Discovery is continuing with regard to the eRECEI "D damage caused by the actions and/or inactions of t e County of Contra Costa . MAY,-451985 PHIL BAT HE R LaK gRDO PERVI TRA TA ... 'Letter to County of Conta Costa May 19 , 1986 Pacie 2 5. So far as is known to the Claimants , at the date of the filing of this Claim they have incurred damages as a result of the failure of the County of Contra Costa in an amount that has yet to be ascertained . The Claimants are unaware of the exact names of the public employee or employees who have caused this injury and damage and therefore names them as Doe defendants and will seek leave to amend this Claim at such time as the names of said Doe defendants are ascertained . 6 . At the time of the presentation of this Claim Claimant ' s damages in an amount yet to be ascertained but are estimated to be in excess of One Hundred Thousand Dollars ($100 ,000 .00) . ALAN M. MAYER, Attorney for Claimant Cc 20 CLAW—M June 24, 1986' _ M.I. Again the ftmtY, Or bistr"t ?he coff s '{ ed to is sem' governed by the Beard of suP"isorss owitoo at the action, taken m NGUIP �! thre !touting $rAx samenta, and Board sore (Paragraph Ivr balm)# Actioa. All section referenoae are given Board of �`vito Govarrmat Code 3ecuaD 143 to witonnia Government cod" and 115.x°Please no" all wV raiwounty Counsel Claimants Michael P.& JoAnn Bertino•• MAY 2 1986 Attarnsys Louis F. Schofield %Burnhill, Morehouse,Burford, Schofield & Schiller , Inc. MaltneZ, CA94553 Addresss 1220 Oakland Blvd. transmit al Walnut Creek, CA 94596 By delivery A clerk an May 22 , 1986 Amoxrits Unspecified mail a pmbmrktd Co "May 21, 1986_ Date Seoeitssds May 22, 1986 ' erk Boar -07 pe acre : County Zounsel Attached is a copy of the above-noted claim. 0 Dateds mew 23 19 6 M B&T MA9 Mme• a w es s mors County (awok ohl ne) {�(} Ws claim complies VA9tantiallr with sections 910 end X0.2. { . } so notifying man yhe to Comply Boardoowmt act four Sections with 5 days (Seotico SlO.d* tie ars ( ) Maim is not timely filed. Cork should return claim On ground that it ass filsd late and send warning of claimant's right to apply for leave to present a late claim (Section 411.3). { ) others Dated: 85's c P+rtY-County II2. "Wt gerk of the Hoard 708 Cl) County Coummd• (2) County Adadnistratar { j Class was returned as untimely with notice to claimant (seetien 91.3). IY, BOW GftDlR BY unanimous late of Supervisors present AS A wkwp4z {t() This cl.ai Ls rejected in full. { } Grua►: os Ify get�ha this s a tnn Correct appy � Bo 's � is thiDatedMV I 1. s CHIT, UTC MM� Clerk. 1 �'V-z� • �P y Clea'1t Nkw= (Gov. Code Section 913) &Abject to Certain MOPtioost You have Only six (6) months from the date of this wtioe was personally served ar deposited in the nail to file a Cant action Cc this claim. See Government Code 3ectien 345.6. You may seek the advice of an att =Y Of Your *10100 in coeusecticn with this matter. It you want to consult an attorneys you should do 00 immediately. •. !holt Clerk of the Board IDS CO CWMtY Oosomes (2) County AdministratOr Attadss,+d are capias of the above claim. We notified the claimant at the board'a action On this claim by mailing a copy of this document, said a sono t weof No been filed � and andorsed co the Board's Copy of this Claim in acoordanoe with Section 29703• ( } A warnito ng cc clabont's right to WY for Ieave present a late 7tepiuty m No mauled DATMS UN 3 "986 MZ VATOMM9 Clerks, By Clerk ' r VICTOR J. WESTMAN CONTRA COSTA COUNTY COUNSEL TO P.O. Box 69. Co. ADMIN. BLDG.. Cathy Knowles MARTINEZ. CA 94553 Clerk of the Board of Supervisors DATE "/��' ��-' SUBJECT' The attached amended claim(s) were/wag sent d; rPnf1V to our office. Please process and return n ,G Thank you. -Vicki J. Finucane LAW OFFICES BURNHILL, MOREHOUSE, BURFORD, SCHOFIELD & SCHILLER I.PROFESSIONAL CORPORATION OF COUNSEL: LEON SCHILLER,INC. May 20, 1986 Count' Victor J. Westman, County Counsel MAY 1. County Counsel ' s Office of Contra Costa Co. P. O. Box 69 Martinez , CA 94553 Re: Dovetail v. Camino Diablo Claim of Michael PP and JoAnn Bertino Dear Mr. Westman: I am in receipt of the Notice of Insufficiency and/or Non- Acceptance of Claim in which you have requested additional information of when the claimant was served with the original Complaint. They were not served with the original Complaint and the first service was of the Amended Complaint and Summons thereon, a copy of which was attached to the claim. I do not have a copy of the original Complaint but this can be obtained from the plaintiff's attorney, Bonnie Maly of the law offices of Linda De Bene, Inc. (866-8177). Should you require any futher information, please advise. Thank you for your consideration of our claim. Very truly yours, BURNHILL, MOREHOUSE, BURFORD, SCHO IELD & SCHILLER, INC. LOUIS F. SCHOFI b LFS:lar RECEIVED MAY Z.)-ic, PHIL OATCHELOR ,LER ARO 'PE'V' S By A�CITRA C TACO. 1220 OAKLAND BOULEVARD. P.O.BOX 5168•WALNUT CREEK, CALIFORNIA 94596••(41.5) 937-4950 A M E N D E D ern cr mrrosrateetts no CUM �dTA f li. dL�lf�A AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTIM AC-GR FLOOD CONTRc�, AANDD W TER CON SERV �� n��55 June 24, 19A claim w1wt the�ounty, ar District Druz zv Aft govertJed by the Board of Supw visors, Alec am . oatiseeat sa to is ham' Routing wdwsements, and sm" OVUM of the action taken on ?ar plata hey the Action. All Section refwnoes ars Board of &wowlD n 001404940 r. h�alar)e to California Government Codes given pursuant to Govw meat code ssotiaII 913 and 115.4• please nota all ■warntwe Claimants Ronald J. Martin county *KMSRI Attotnays Jeanette K. Shipman MAY $Q 1986 Law offices of Sterns , Smith, Walker Address: & Grell 280 Utah Street Hand delivered . - Awmtt San Francisco , CA 94103 st deliwTy to clerk eD May 27 , 1986 $1 , 000, 000. 00+ ;• Date 100101wds May 27 , 1986 By wail• postmarked an . erk if the Board O pe con s MiFty M� OWN Attad ad is a copy of the above-noted alms. Deteds MON !ay 30, 1986 PAD. RITOELOR, Mark, By : y s ' (Check only one) lits claim oamplieo substantially with Ssctioas 910 and 930.2. ( ) We claim TAn.S to oamply substantially with Sections 920 and 910.29 afld we are so notifying claimant. The Dowd cannot act for 15 days CSsctioo 910.8). ( ) Maim is not timely tiled% Clerk ahould return claim on Vvund that it was filed late and send ramier� of claimant's right to apply for leave to present a late claim (Section 911.3). C ) Others Dated: r By: „ cit C puty ty IIS. nMs Clark of the Board SDs Cl) ty Counsels (2) County Administrator r ( ) Main was returned as mtiaely with notice to olaisant Clection 911.3). I9. mm .95'*t BY tis:animaa vote of supervisors Pines (� leis claid Lo rejected in run* ( ) Others osrti y Uat We Is a true and oor mt am or, Boardta order entwid In is admites tar this date. natedt JUN 2 4 PQPj !SID UTCRMO, Mork, By • Deputy Mork WAMM (Gove code section 913) Subject to osrtain szoeptioas, you ba" Daly cis (6) amthe ftw the &te or lots wti0e pas personally served or deposited in the wail to file a court action m this alaL. an Covernsont Code Swum 945.6. Tau war seek the edvioe of an attoeaay of par d olas in Comm ion idth this a UES If im rant to oonsult an attorney, yap shadd do so 1=841ately. To IM: Clerk of the Board !Ds (1) County Ooawl, (2) CWXAy Administmter Attached Am copies of the above alms. We notified the claimant of tae Mooed►s action on this claim by selling a copy of this do0uneat, and a ammo t?mVof has been filed and sldaraad on the soaM'o copy of this Maim in soomtw= with 131100ti010 29703. ( ) A muning off clalx tva right to apply rw leave to pre/sant a late claim w wailed AiTmtt1 3 S6 NZ IKT ELDR. Gawk. By - . Deputy Merk AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claima t is• Ronald J. Martin 1901 Golden Gate Avenue Richmond, CA 94801 RECEIVED 2. The address to which notices are to be sent is Jeanette K. Shipman MAYA1 1986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHIL SAT EOR 280 Utah Street JERK RRA u avisoa San Francisco, CA 94103 ev 3. The circumstances which give rise to this claim occurred on or about February 14, February 18 and March 10, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant ' s damages is in the "Itemization of Damages" which is attached hereto. May 26, 1986 ' JEANETTE K. SHIPMAN Attorney for Claimant 3507-C AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 14 through February 20, 1986, inclusive, and March 10, 1986, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (h) Expense for medical services incurred in the treatment of Claimant' s physical and emotional injuries; ( i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and. other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. nrclm.rpt F CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimant is: Ronald J. Martin 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 14, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 23, 198 ---=-eE -/----- ----- RECEIVED JEANK. SHIP N Attorney for Claimant MAY 33 19 6 3507-C IA..p0 PHI BATCH LO �Kc� A COS D VISORS CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, -,et seq. re: Martin v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 16 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: ( a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c ) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: ( a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; 1 . •CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (h) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (i ) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. nrclm.rpt __ . A iQ9 ARD OF 9It.S OF If�RA MTA 1�1T, GI.�OOII> Claim W� the Comty, m bistriet MICE TO CLAMW June 24, ' 1986 ' governed by the Board of Supervisors, 220 Copf a m 90-9 mused to Im is Par flouting &A rsacmts I and Dmwd notice of the motion taken oo Pour dais try Cir action. All Section refaranoas w Board at Supardson Owssrraph IP. emlcnl• to Califor nis Government Codes given pursuant to Govel went Code NOW Command 91564. dense note all wdww v—e Claimants Ronald J. Martin MAY 30 1986 &ttosasys Jeanette K. Shipman -*Now Law offices of Sterns , Smith, Walker Addtreas& & Grell 280 Utah Street Hand delivered • Amounts San Francisco, CA 94103 ly deliverry to clerk cc May 27 , 1986 $1 , 000 , 000 . 00+ : nate 10081wds May 27 , 1986 By sail• postmarw an -RM:--Mwk R the 590d of FupE =M W3 OXMtY Attached is a copy of the above-noted alms. Dated& _May 30 , 198 6PSD. UT MM, (Mark, By at les FROM, Comity : Clerk or Ube Boam cccors (Cheek only one) 0 This claim o®plies substantially With Sections 910 std 910.2. ( ) This claim FADS to comply substantially With Sections 210 atd 910.29 WA We ata so notifying claimant. The Board cannot act for 15 days (Section Itm). ( I Claim is not timely filed. Clerk should return claim on ground that it Was filed late and send warmin$ of claimant's right to apply for leave to p%ssesnt a late claim (Section 911.3). ( ) Otbers Dated: ;i•�- By: Deputy ty in. : Clerk of the Board 70: (1) County Counsel• (2) County Administrator r ( I Gain Was returned as untimely With notice to Claimant (Section 911.3). Z0, N= By unanimoW vote of Supervisors presaat CXI This clais rejected in =0 ( I Others . cert y that this is a true EO correot Copy the Board's ee ts adautes for this date* ,/` /� Dated: .111N 9 e logic P ffiM BATCRILM, Mark, By �1'�u-r-C • Deputy Clerk 11ARHm (Gov. Cade Section 913) Subject to Certain exoeptioass you have only six (6) months pram the data or tUa notice res pmWrAlly &crud or deposited in the sail to We a Court action Co !Cass alai&, ase Covertmmt Code Section 915.6. You any seek the advice of an attmW of Pea Choice in ommoction With tuns Vatter, if 7M rant to Consult an attorneyv ym Whould do so immediatelye v. nmt Clerk of the Board TD: a) Casty Counsel, (2) Canty Administrator AttaeAsd are copies of the above Claim. We notified the claimant of the Board's action an this claim by mailing a Copy Of this domamtg and a ammo tbwwf has Omen filed and ww5w"d an the Board's copy of this Claim in accordance With Section 29703. I a nvznitng Cf alabl tug rfght to OWy for leave to not a late Clain Was sailed a1TID:laJft y 6 lfilL NATO M. Mark. By _. Deputy Clerk AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant i Ronald J. Martin 1901 Golden Gate Avenue Richmond, CA 94801 LRECEIVED 2. The address to which notices are to be sent i Jeanette K. Shipman 1986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL NEbU280 Utah Street ST,p � H...'.... 1V..San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 14, February 18 and March 10, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 26, 1986 JEANETFV K. SHIP Attorn y for Clai6arnt 3507-C AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 14 through February 20, 1986, inclusive, and March 10, 1986, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: ( a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (i ) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. nrcim.rpt CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Ronald J. Martin 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 14, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 23, 196 ►, C, ----- ------ ------------ RECEIVED JEANE E K. SHIP AN Attorney for Claimant MAY �31°E5 3507-C kA .,,) 3 VHILB TCHELOR LER AR SUFE 0 RS TRA 9T 0. !V. . i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 16 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: ( a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (h) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. nrclm.rpt AME -.ND..E D, EWE or tfR.S Cr M cum WMm- =MW= AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNT-- FLOOD CONTR N W TER CONSERV June 24, 199-6 Main tact at tbe�ty. or te�e�et n' governed by the Board of Supe,►tacrs, TM copy . dwinant Nalled to You Is Par hlouting bAorsements. and Dowd sotice of the dollen taken oo Pur dials by the Action. All Section references are Sam of &Wurris0n a IF$ Waw) to California 0overrowt Codas Sian Pursuant to coeerment coo Section in dna FL5.4• !lease note all am" Claiaants Jeffrey Martin Attorneys Jeanette K. Shipman NIAY 40 1986 Law offices of Sterns , Smith, Walker *OML Aft"as & Grell CA 280 Utah Street Hand delivered Amounts San Francisco , CA 94103 delivery to clerk an May 27 , 1986 $1 , 000 , 000. 00+ We 160011961 May 27 , 1986 DS' sails poetaariwd m . erk of Supervli—Wn 701 yMaiO Attached is a copy of the above-noted class. Oatedt -May 30, 1986 PAIL yATOMLOR. Mark. Sy-21 C o . : CRRY : ClarK (Cheek only ane) (K) ibis claim camplias substantially with Sections 910 and 1110.2. ( ) !his claim FAnZ to o®ply substantially with Sections 910 and 910.2q and we are so notifying claimant. The Board cannot act for 15 days (Section '910.0). ( ) Maim is not timely filed. Clerk should return claim on Vv nd that it was tiled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others Dated: BY: -iotY MEtY III. PMt Clerk of the Boars 201 (1) ty Counsels (2) Comty Administrator ( I Claim was returned as untimely with notice to claimant (Section Si1.3)0 IT* SOARD 01kDi:EEt By wanimous Ate of Supervisors prrasat (x) ibis elai.ID^is rejected to roll. ( Mars Iy this dates a true oosreat oopy the 'S ao is Dated$Edn" 1996 Pam, BA70ELM. Merk. S9 Z. Let,&� . 5"47 Clark UV= (Gov. code Section 113) ScQ)ect to certain esoePLieoe, you have only ai: (6) months hm the sato at this doticc w persoelslly Served cr deposited in the nail to rile a court action Go We Glass. See 6ovw=wt Code Section 315.6. Tou any seek the advice of an attamwy of par oboloe in out,ectim idtb this !atter. It You rant to consult an attorney. you W=ad do so iamediataly. T. n M9 nark of the Board sd: el) Co>aty CMVAW , (2) Musty Adainisteitor Att&dW are copies of the above claim. We notified the olaisant of the Board's action an this Claim by nailing a copy of this domwts and a sego thereof has been filed and andcirsed Cn the Board's Copy of this Claim in 600ordarm with Section 29703• ( ) A worsting of claimant's right to apply lbr leave to t a late claim was nailed to t• C� D1TID1 JUN s n 19RF PM a►rOMoR. et.rk, >hr _. . DePAY clerk AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 e Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Jeffrey Martin 1901 Golden Gate Avenue Richmond, CA 94801 RECEIVED 2. The address to which notices are to be sent is Jeanette K. Shipman MAY �� 1985 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHILBATCHELO1 RD0 SUPERVISO 280 Utah Street � It C AC, San Francisco, CA 94103 Br * 3. The circumstances which give rise to this claim occurred on or about February 14, February 18 and March 10, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 26, 1986lfAart.,� JEANETTE K. SHIPMAN Attorney for Claimant 3507-D i AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 14 through February 20, 1986, inclusive, and March 10, 1986, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (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 FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Jeffrey Martin 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 14, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 23, 1986 RECEIVED JEANS E K. SHIP N Attorney for Claimant 3507-D L,LERK BARD 0C RVISOR YTRAC AER IS CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 16 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: ( a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (h) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. nrclm.rpt 4 ern sty, snvwvr�aes .r! 003l� i'f. CAL!lC2lRl Claim Aasirwt the County, or bistriet VMCL_ ! R0 CLUB June 24, • 1986 ' governad by the Board of SUPeretaan. The ow cc two dMiment smaled to rw Is yoor flouting Endorsements, sad Board notice of the motion taken m yar OUv 0! WW Action, All Section referanoas are Board of Suaper•vieors ( WVVIR !F ph . balow)t to California Government Codes Aiwa p rgiant to Goverment Cods Section !L3 and 915010 Please not. all sirarn1w Maia=ts Jeffrey Martin W*Wirw Attaejsto Jeanette K. Shipman MAY 3 0 1986 Law offices of Sterns , Smith, Walker Addrase & Gre l l MatUM CA 9455% 280 Utah Street,, Hand delivered Amounts San Francisco, 94103 BY ftliRr7 to Clark m May 27 , 1986 $1 , 000, 000. 00+ - : nate Beoeivads May 27 , 1986 By mail. Postufted on VFW: ark of the Board of Niperv5W 201 aRity Attached is a copy of the above-noted claim. nateds May 30 . 19 86—PM STOMA . Cleric, By LPuty ath tyles : Cbmty Counsel TDs GLark or the Iiia cc sli�Ae (Check only one) ( ? This claim oomplies substantially with Sections 910 and 910020 ( ) This claim FAILS to oomply substantially with Sections 910 sad 910,2, mad We ars so notifying claimant. The Board oannot act for 15 days (Section 910.8). ( ) Maim is not timely filed. Clerk shmild return claim on Around that it was tiled tate and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others ateds x -77 DePAY corti III. 716t Clerk of the Board 701 Cl) County Counsel, (2) County Adminiattstor ( ) Maim was retwmed as untimely with aotioe to claimant (Section 91103)0 IV, WARD OR'bER BY uua d om Ate of Supervisor Pmeent (x) This claim is rejected in lull. ( ) Others certify Ust this Is a true wO correct oopyor �Board'& Order a—nt-e-r-Q JA Ifts mdfor this date. �(J�/ Datede _ JUN 2 4 igRt; PIHn INATOMM, Clark, By . neDirty Aeric tUiI M (Go.. Oode section 913) Subject to oartain asoeptions, you have only cis (6) months tram the data Or this notice was peQ'sasally served or deposited in the mail to file a cart aetien an this alas.. an Government Code Section 9~506. You may seek the advioe of on attormay, of your aheios in onw-a l n 111th this Utter, it you want to ocamdt an attorAey, you should do on imsediataly, T, Sllft Clark of the Board 4JDs Cl) aunty ass»al, (2) Canty Administrator .etion on t� am aimOPi 9 Ofthea� clot Ve notified the claimant of the Board's Ret on an d s the Bb�ard'a aB Copy of this dwamt, mad a mean tha�sof leas Omen filed 614dOM of this Claim in a000rdance with ssetion 29703• ( ) A w ?Tft of claimant's rigbt to apply rw aero t a Iate Claim was mailed to kTEDs -11IN i n mg isn. B►Tagum. Mark. NV '��G�. . Deputy Clerk kAMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of, California, claimant claims damages and equitable relief from Contra Costa County. 1, The name and post office address of the claimant is: Jeffrey Martin 1901 Golden Gate Avenue Richmond, CA 94801 ((�� T� 2. The address to which notices are to be sent s. E`-'�I ED Jeanette K. Shipman LAW OFFICES OF MAY 1986 STERNS, SMITH, WALKER & GRELLO 8 280 Utah Street K AAD IPER160 San Francisco, CA 94103 0NT1A �V 3. The circumstances which give rise to this claim occ ed on or about February 14, February 18 and March 10, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 26, 1986 JEANE K. SHIP Attorney for Claimant 3507-D AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 14 through February 20, 1986, inclusive, and March 10, 1986, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: ( a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; ( i ) 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 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Jeffrey Martin 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 14, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 23, 1 6 rr� RECEIVED JEAN TE K. SHI AN Attorney for Claimant MAY X31985 3507-D Lk'. PHIL BATCHELOR K 3 OF SI�III��+++++EEEEE?VISORS COS .C. BY .• TO. ?V = . ) i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 16 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, ' Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to. real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; • CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (i ) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. J nrclm.rpt A M E N D E D eLLM Ir' rt. an:+VMLq rs e► CNN mea Cams CA1MR-Im AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTIM ME FLOOD CONTRQL AND W TER CONSERV)jjfijfijjjk ,lune 24, 13T6 Claim liar! thel)m n y, or DSatria Bovtsrnad by the Board of �npel-visars, The ecpy • e0 t* L tar pouting 1pdocsamants, and Board mottos of the action n taloan yaw a ass by for Action. All Section nferenoas are Bard of sipertiaoors Cpwvgrgb IT$ b dcw)t to Califomis Government Codes given prsuant to conrnment code section OL3 ane 315.4. Please mote all awarnia0r-Ounty a�nlaRl Qaiaantt Herman E. Martin Attormgs Jeanette K. Shipman MAY $0 1986 Law offices of Sterns , Smith, Walker Address & Grell 280 Utah Street Hand delivered .r' Amounts San Francisco , CA 94103 aryl delivery to clerk on May 27 , 1986 $1 , 000, 000. 00+ ; bate Beoeivods May 27 , 1986 By mile poeti w*0 an ark if the of 3ul*rvisors 158 ORRY Attached is a copy of the above-noted slats. 0 bated: MaZ 30 , 1986 PM BATODUP, Clerks By *ZAA j y s e sora (Check only one) ( Reis claim complies substantially with Sections 210 and IL0.2. ( ) lhie claim FAILS to ocmply substantially with Sections 910 and 90.29 and we ars so notifying claimant. The Board cannot act for 15 days (Sectica 410.8). ( ) Claim is not timely filed. Clerk should return claim an o`o" that it was t1led late and send warning of claimantrs right to apply for leave to present a late *lain (Section 411.3)0 ( ) Others bated: .,C� Bye Count* IIIc nCHt Clark of the Board 20s Cl) Cour Y Casnsel, (2) County Administrator r ( ) Chau was retwood as untimely vith notice to claimant (Section 911.3). IR. As�9 A-3144o By unanimous vote oda 9upervison pVM 0() Me clais rejected in !till. ( ) Others carat y—th-91 this Is a true anAt Dopy BoarbIa mo is ad for this date. Dated: M 4 1986 Aldi. BAmmLop, Clerk, By . Deput7 Clark VAN= (cove Code geotian 413) subject to oertain asoeptiones tau Law only all (6) montbe Bram the date of this *slice was p rwnally served ar deposited in the ■ail to file a cart aatica an this *lata. ase Govaswwt Code 300tion 945.6. You nay Bask the advice of an attorney of 7mr oLoios in 001swetion with this matte. If you want to consult an attorney, ycu "dad do so Mediately. T. tllals Clerk of the Board 1D8 Q) Cbusty CoUM029 (2) County Administrator Att&dW are *opus of the above alaim. We notified the claimant or the bnrdis action on this claim by sailing a copy of this dodoe�snt and a *moo thereof has been filed and endorsed m the Board's copy of this Claim in a000rdanoe with gection 29703. ( ) A warning of CIA mart••s >Mgnt to Xg1y for Iaays � �t a late slats ass availed .U"e.._ 1lSTt ft.1Mess AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: ^ Herman E. Martin 1901 Golden Gate Avenue v` Richmond, CA 94801 RECEIVED 2. The address to which notices are to be sent is '7 Jeanette K. Shipman MAYS-/ igfl6 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHIL SAT ELOA 280 Utah Street EAKEI o00o U RVISO San Francisco, CA 94103 By 3. The circumstances which give rise to this claim occurred on or about February 14, February 18 and March 10, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 26, 1986 JEANE K. SHIP Attorney for Claimant 3507-A ' ♦ e AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 14 through February 20, 1986, inclusive, and March 10, 1986, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; 5 AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (i) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrclm.rpt r CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Herman E. Martin 1901 Golden Gate Avenue Richmond, CA 94801 2. The address .to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 14, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 23, 1986 RECEIVED JEANEI E K. SHIP N Attorney for Claimant MAY DL31Qb5 3507-A , 4.1 0 O PHIL 8ATCHEIOFJ rG�ERK B o co ST VISORS CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and .personal, on or about February 16 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same„ should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personalproperty, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i ) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrclm.rpt /'S p� a s�vi.m ar OMA Oma. au aGlerrA _______ r CLLf June 24, ' 1986 ' Clain Wnst the County, or Diatriot ad to L year governed b1 the board of Supardaors, Tba copy • !looting brdorsementag end board sotioa of the action taken an far b! the Action. All Section rafaranoaa ars Board of fterdsors owls qh IV, below), to California Goverment Codas given pursuant to Government Coda asctim 03 and 315.6. Clean Dote 8111 eitansLVAWO Cl&jfant: Herman E. Martin .. vwnnl COINICPi Attamnsy, Jeanette K. Shipman Law offices of Sterns , Smith, walker MAY 30 1986 AdQrsass & Grell 280 Utah Street Hand delivered Amounts San Francisco, CA 9.41-03 By delivery to clerk an May 27 , 1986 $1 , 000 , 000. 00+ nate 10001wd: May 27 , 1986 By mail, postmarked m Clerkof the Board of Nperv`10:i� : aEEY ORRO Attached is a copy of the &boys-noted olai=. Dateds May 30--118-6-PM STMO, Clark, By L±L C�athv KrYdwl6s Ile : County : GLOrk (Clack only one) 0 This claim complies substantially with Sections 910 and 910.2. ( I !leis claim ?A= to ocmply substantially with Sections 910 and 910.2, and We ars so notifying claimant. The board ow=t act for 15 days %ectim 4i0.0. ( ) Claim is not timely filed. Clark should return claim an gr=and that it Mas tuad late and send wamin� of claimants riot to apply for leave to present a lab claim (Section 911.3). ( ) Otbars Dated: MA t ey: Deputy County III. : Clark of the board 70: Cl) ty Counsel, (2) County Adoinistratar r ( I Clain wap returned as untimely with wtioe to claimant (3eetion 911.3). IV. BDA atD4A By unanimous vote of Superdsore prrseat As,*r vnez, (XI This Gla xNx rejected in f8111. ( ) Others oerti y thethis Is a true wid correctcopy boards& an q aim for this date. Dated: 41986 rfm, 9ATMmm o clerk, By ,f Dep„ty Mark YItR= (Goy. Coda Section 413) WbJect to certain ssoeptions, you have only aim (6) Months from taw data edible notice was personally carved or deposited in the trail to file a oaart actio m this alai=. Se• Government Code SeatiaD 965.6. Toy Day seek the- advice of an attaeaey of your ahoiaa in oonrnsatIon Math this Latter, If you want to consult an attorney, you should do so iamediately. V. "Mt Clark of the board TD: Cl) County Cam"l, (2) County Administrator Att&action an this dW Am his aimoDyiM Of the sailing aclaim.cl • We DDtifled the documents of the Board'• and n cm m the board's espy ocopy Of this docuts and a memo thereof has been filed Of this Claim in a000rdarae with Ssatim 29703. ( I A varrniffiq�nng of claisant•s right to apply rice' leave to pp�r�smt a late alai= was sailed aTm:toJ UIV 3 0 igna 1PE1 B►TOMDR, Mark, By�'%V� � naputy Clerk AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Herman E. Martin 1901 Golden Gate Avenue Richmond, CA 94801 1 = - 2. The address to which notices are to be sent is: E ED Jeanette K. Shipman LAW OFFICES OF F MAY �n 1986 STERNS, SMITH, WALKER & GRELL 280 Utah Street (� ��r ev�io�o San Francisco, CA 94103 ` ` TAS 3. The circumstances which give rise to this claim occurre on or about February 14, February 18 and March 10, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 26, 1986 JEANEfflE K. SHIPUN AttorVey for Claimant 3507-A AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 14 through February 20, 1986, inclusive, and March 10, 1986, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) . Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; • ' i AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of claimant' s spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; ( i) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrclm.rpt jr , t CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages And equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Herman E. Martin 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 14, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 23, 1986 1. RECEIVED -- ------ JEA----- TE K. SHI AN Attorney for Cl imant MAY a:� �ga�, 3507-A P BATC ELOR LEAK OOF P RVISOR$ NRA COC CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 16 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: ( a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (,j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrclm.rpt V !1 asm Cr siosetnm tE QM own SIR, GUMM A � ! June 24, • 1986 Maim Apinat the County, or District sa b to is your Bove: by the Board of Supervisors, 22W copy s Routing woorsementa, and Board mottos of the action taken an your dAIM by taw Action. All Section rsfarenoes ars Board of ftervisors (Parsrgb no bdm)t to Cali torsi s Government Codes given pursuant to Government cods Seotim 113 Daniel James Martin, a minandd 915.1• !lease note all ��ow• Claimants Cog*Co" AttarsWs Jeanette K. Shipman MAY 3 0 1986 Law offices of Sterns , Smith, Walker Addrtlss & Grell to wo ' . 280 Utah Street Hand delivered baunts San Francisco , CA 44103 by 60UVW7 to Clerk 00 May 27 , 1986 $1 , 000, 000. 00+ Date Renewed: May 27 , 1986 By mailt postuarked m . M.--Clerk of the IRR of 3apervisore 208 ORRY Attached is a copy of the above-noted olalm. Dateds May 30 , 1986 PHIL I&TOEUM, Mark, By ath owles . n County wunsel TDt Clark or Ube Board Of &W�m (Cheek only one) ?his claim complies substantially with Sections 910 std 910.2. ( ) !leis claim fAnS to owply substantially with Sections 910 and 910.2, and We ape so notifying siuimant. 1T:e Board oannot act for 15 days (Section 910.6). ( ) Maim 3s not timely filed. Clerk should return claim an ground that it Was !riled sate and send warniof claimant►s right to apply for leave to present a Sats claim (Section 911.3). ( ) Others Dated: BY: In Dainty Cj nX. nMi Clerk of the Board 70s (1) CMwtY Coumal, (2) County Administrator r ( ) Main was returned as untimely with 0otioe to claimant (3ection 911.3). IV, SOARS atDAs Azovae'6 gA By unanimous vote of Supervisors pryseat ( ) Phis &lain is rejected t0 full. ( ) Others • Certify that this Is a true and Correct copyis em is minutes for this date. �� Dateds JUN 2 4 19 HIL PBATCRLM I Mark, gy � Depity Matic VA1c+W (Goy. Cods Ssoticn 913) Subject to Certain ssoeptions, you have only sin (6) months !Pram the data or lois motioe was pewrAlly served or deposited 10 Us mail to file a Coat aotim neve tura &Isla. See Government Code Section 945.6. YOU may seek the advice of an attoruey of your alwioo in con nsction with tlds asttsr. If you want to 000mat an attorney, you should do so tasediately. T. V!: Mark of the Board lot (1) Canty couecl, (2) County AdminiatmtCr Attached are copies of the above claim. Ye notified the claimant of the Soardfa action on this Claim by selling a copy of this do0 s ent, and a mmzto thereof has been filed and endorsed on the Board's oopy of tKia Claim in aomtarnoe with Section 297030 ( ) A Na ming of clalw nt•s right to apply fosr leave to t a Sats claim Nos mailed ! %�stoJUN 3-0 t1W PM SATOEUXt, Clerk, DY = DspttY Clerk t . CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Daniel James Martin, a minor By and Through a Guardian Ad Litem 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 14, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" whic is attachedereto. May 23, 1986 �T, RECEIVED ------ -�---- JEANET K. SHIPM MA'Y'Ija3 �gg� Attorn for Claimant R I B0.1C1 OR ERK ROOFS RVIsORs 3507-F �q 1RACOS COma.[ t CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 16 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: ( a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (h) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. nrclm.rpt AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claim a t is• Daniel James Martin, a minor C By and Through a Guardian Ad Litem 1901 Golden Gate Avenue RECEIVED Richmond, CA 94801 2: The address to which notices are to be sent i MAY ;a7 1986 Jeanette K. Shipman LAW OFFICES OF PNIL 7CNELOR Lb AR OF SUPERVt R$ NIRA` TA CO STERNS, SMITH, WALKER & GRELL ;� b 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 14, February 18 and March 10, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 26, 1986 JEANE%Tt K. SHIPMU Attorney for Claimant 3507-F AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 14 through February 20, 1986, inclusive, and March 10, 1986, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: ( a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; '( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (h) Expense for medical services incurred in the treatment of claimant 's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. nrclm.rpt _ Cr SUPPYISMS a cam mu Own-, cu.yceru AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTMW Acm FLOOD CONTRC AND W TER CONSERV Des lune 24, 19$6 Claim Against the't*sty� m Distria�t �v Elva-cad by itis Board of asparvisors, ow cop! ��ed so �t is Pw s� an pouting bldots, d amend tak mottos or the nation en on �r .lora bf tbs Action. All dectiaa rrfarenvaa ars VUWt or 84W-visors (�W%VVptt IT balaw) to Califormla oovwm want CodasNEW given pts�suant to comment Coos aectim ;13 and 915.4. Pleas. note all ewarniet * Claimants Daniel James Martin, a m1nor Ulih t Attov"t Jeanette K. Shipman Law offices of Sterns , Smith, Walker MAY U 1986 Addr e"I & Grel l ftfbw , 280 Utah Street Hand delivered '.' . Amounts San Francisco , CA 94103 W delivery to clerk m _May 27 ,E 1986 $1 , 000, 000. 00+ WO Xeosiveds May 27 , 1986 by W120 1Fostma~ as M. MiR of the Board of superdson 108 y Attached is a copy of the above-noted slain. Datsds May 30, 1986 ill, NATOMUM O Merle$ ft no Owl W�Mfy oboxim-al(CMck only ane) : er (� '!!tis claim oampliss substantially with !Sections 91.0 and 91o.2. . ( } Ibis claim lAn S to osmpxy substantially with 8eectiow 9110 and 920.20 and we an sa notifying claimant. The Board ow wt act for 15 days (Section Ito.$). ( } Qaia is not timely filed. Clerk should return claim on rid that it was riled late and sand warning of claimant's right to apply for leave to present a lata claim (Section 911.3). ( } Otbws bated: BYs JDepity tY in* Ms Clerk of the Board lot (1) Courrty Cowssalp (2) County Administrator ( } Mals wan retwTad w Untimely kith mottos to claimant (.Section 9U.3). I1►. 1NIRii OoiBt BY w animaa vats or 9uparvisors pe�rsnL (X} '!!tis alae is r*(ectad in !till. ( ) Others 90-141-7 Ust this Is a true aacorrect —o-, 's est minutes for tars date. hated: JUN 2 4 SSm. ft?0M M 9 Clerk. By . Deputy Berk YLIINM (Wye Cods Se tim IM3) Ss J"t to certain esasptiions, YOU have aaiy six (6) months bas the date or tbta mottos w" Wsratally served or deposited in the =11 to rile a court aoticn m tKa alms. flea Govw msnt Cods 3"Ucu 945.6, Tau nay seek the advice at an attornsy at ' your ohoios in oor>r»ction riot LAis .attar. If !au writ to consult ars .horsey( you should do so iaaediately. To "Mi Mark or the ,card IDs Cl) o utxty ooum,al, (2) oomxtty Administrator 2ttas:hsd, are aopiea of the abaft *]aim. We notified the claisent at the Daardta action an this claim by .ailing a copy CC this document &sad a memo thereof has !msec, filed and setdarsed an tate Board*s copy err this C;llaim Lu •oo�ame with 2setim 29703. ( } rIg or ale mantis right to awly !for Isave to t a Late claim mos asdled � 8S c,�� AITID: liffL 'Ttlglt2t• Mork, _ _s 98puty Clerk AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: ((�� Daniel James Martin, a minor By and Through a Guardian Ad Litem 1901 Golden Gate Avenue RECEIVED Richmond, CA 94801 2. The, address to which notices are to be sent is: MAY '�� 1986 Jeanette K. Shipman LAW OFFICES OF PYIILSAT H LOR STERNS, SMITH, WALKER & GRELL eR�(B(�/�Rn PeR ISOM- •�Qy( TRA C TAC . ., 280 Utah Street e� . . . �. San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 14, February 18 and March 10, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 26, 1986 JEANE K. SHIP Attorney for Claimant 3507-F AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 14 through February 20, 1986, inclusive, and March 10, 1986, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: ( a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and- other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (h) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; ( i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. nrclm.rpt CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Daniel James Martin, a minor By and Through a Guardian Ad Litem 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are 'to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 14, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May Y 1 6 (, 4 RECEIVED JEANE4 K. SHIPM Attorney for Claimant MAY" 319SP, 3507-F P oA�c ELOA ERK 8 OF uP�q VISOR (�\`�'�E RK SO AC 05 COS A'CO L CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 16 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: 0 -( a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, -income and repair expense; (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (i ) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. nrclm.rpt ---A—M E N D E D ofsQrvvrCLMI . Or moerra ours. cataoierra 1� Acnt� CLP 20 o[1DtI1R June 24, . 1986 Clain Against the county, Cr b1strict or-me LA ed to 1s yooe' governed by the Do" of Supervisors, lbs mD'y !touting boorsements, and Board motion of the motion taken co 3:; b! lbs Action, all section refaranoss are Bard of ahperviscre (Paragraith IT# below)v to California Goverrmnt codes given pursuant to Goverment Cods Swum ILS and 915.4. Please now all sitaelsi N Claimant: Catherine A. Martin MAY attoeys Jeanette K. Shipman $� 19 rn86 Law offices of Sterns , Smith, Walker '�d�Z!► address & Grell 280 Utah Street Hand delivered (P; • Amounts San Francisco, CA 941-03 Dy dsliwry to clerk an May 27 , 1986 $1 , 000, 000 . 00+ nate Beoeivedt May 27 , 1986 By ail• noses co yrjoM:�Zark 'Rof FuperdiR;F� 701 y MaiO attached is a copy of the above-noted claim. nateds May 3 0. 19 8 6 !HIL BdTCHEAR, Clerk, By7 -Ca--thv Kn6wles FROM:lie y wirisil 7D& Clark or tft Board of ftervis" (Cheek only one) flus claim o=plias substantially with Sections 910 and 910.2. ( ) Ibis Claim FAILS to Comply substantially with Sections 9110 WO 910.2, and ars mrs so notifying claimant. The Board ow=t act for 15 days (Section 110.d). ( ) Claim is not timely filed, Qsrk should return claim on ground that it w filed late and send hrarnin� or claimant's right to apply for leave to present a Ute claim (Section 911.3). ( ) Others Bated: By:- putt County IIIc FM: Clerk of the Board ZOs Cl) ty Caueel, (2) County admihustratar r ( ) Claim was returned as Untisely with mtiCe to claimant (Section miss). Iv, so= am ,�cd By huhanimous Vote of Supervisors present �0-�VoE (X) !lass claim is rejected is faa1.1. ( ) Othors Certify that this is a true oorrect copy or /Board•& eo V aain�ttss2 4 this Nn12]L Dated: JJUUNN UTOELM, Clerk, �► �/ • Deputy Clerk VAMM (Go.. Code section 913) Subject to oertaieh emoeptims, yota have only sis (6) months fr® the date or dais notice w Personally served or deposited in the ail to file a Court action an tlhis claim. see Gov011, 00t Code Ssotion WeL TCU nay seek the &Moe of an attammy of loft anoioe in CoruectIon with lots matte. If you hsant to oonMat an att0evaey9 yvu should do so immediately. Vo IM: Clerk of the Board !Gs Cl) County Ooutaaal, (2) County adainistrater Attached are Copies of the above claim. We notified the claimant at the Board's action on this claim by sailing a copy of flus doojnt, and a memo tha#eof Das Oven filed Md eodla i m the Board's Copy of this Claim in a000rdanoe with Notion 29TO3. ( ) aq�6 ` �� =+ ma Bht to gwly !br leave t a nate chis iled tlTmt J \J BITQGI,OR, Clerk, By. C�� Deputy Clerk AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claiman Catherine A. Martin 1901 Golden Gate Avenue RECEIVED Richmond, CA 94801 2. The address to which notices are to be sent is: MAY a71986 Jeanette K. Shipman LAW OFFICES OF P"ILNTr vieviasSTERNS, SMITH, WALKER & GRELL �� ,,280 Utah Street s t . San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 14, February 18 and March 10, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 26, 1986 JEAN P Atto ey for C1 J"ant 3507-B AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 14 through February 20, 1986, inclusive, and March 10, 1986, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents; servants and employees as follows: ( a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and the loss of real and personal property and from the fear for personal safety in the event of future flooding; (g) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (i) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrclm.rpt r I . r CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant -to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Catherine A. Martin 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 14, . 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 23, 1986 JEANE K. SHIPT RECEIVED Attorn y for Claimant M AYX: 1 3507-B PHIL BATCH LOn ERK OF S P VISORS Rs COS O. By L CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 16 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: ( a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; ( i) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys ' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrclm.rpt RJECEIV MAY PHIL BATCHELOR CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. BY ................................. Deputy . AMENDED- 'Y.. r R}f Cr wFaPIsS QCIMown mW• C dag AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNT-- SM FLOOD CONTRC AND W TER CONSERV l6� June 24, 19916 the-County,Claim Wast or District go saca Ruled to 20n IsPUr em SOYeed d7 the Dowd of Sup�iase'a• wtiee Cf the action tate On 7vur alata flouting wdorsementa. and hoard s0rs ITwmmt Code S 6010M) Action, All Section referanoes are boardat " to �. iap3 to Califos3tia Government Godes wd 11504en 0 Please note all fuarasirsee Claimants Catherine A. Martin County Counsel Attc+emeyt Jeanette K. Shipman Law offices of Sterns , Smith, Walker MAY 301986 Addratss & Grell 280 Utah Street Hand delivered 91arhaffil CA 90% Ott San Francisco , CA 94103 * delivery to Clark an May $1 , 000, 000. 00+ Date Beodsadt May 27 , 1986 D9 tail, pontsarw an erkEf Board of Supervisors 208 0=4 CiaZ Attached is a copy of the aDovs-noted claia. nstbt May 30, 1986 PM BATQEIAR, Clerk, By -peputy : y Counsel TD* of "Rqgm— (Omk only one) (X) 7!►is claim complies substantially with Sections 910 and 410.2. ( ) lids claim YAn.S to oamply substantially with Sections 910 and 910.29 and we on so notifying claimant. ibe Hoard Cannot act for 15 days CSeotion 1110606 ( ) Male is not timely filld. Clerk should return Claim an grand that it was filed late and send ww-ni or claimant's rift to apply forleave to present • late claim (Section 411.3). ( ) Others Gatedt n' Dyt puty ty III. nbkt Clerk of the Board los Cl) County Counsel. (2) County Administrator r ( ) Clain was returned as untimly with notice to Claimant (,lection V1.3)e IY, 3=1 Om! V4'w� By unaaimom vote of Supervisors pMseat (X) leis Claim,is rejected in full. ( I Others e�OWUry the s s a true opy correct c �of fth�e-Board's eo natede Jl UN z "M SA7� ELOP,. Mark, By Com% yV�� • Deputy Qark iU14tDIC (Gov. Coda Section 913) DA360t to certain exoePLicWt you have Only six (6) aosths from the date of this notice was personally served or deposited in the tail to file a Court aotiCC an tons alata. See Government Code Ssotion "Se6. !cu say seek the advice of ars attaraey of your Choioe in COar»ctIon Ulth lois hatter. It you vent to c0aardt on attonaty, you Mould do so LMOUatelye 1, n t Clerk of the Board 4 Ds Cl) County aus»al, (2) Oasety Adaindatrator Attached aa'e Copies of the above Claim, We notiried the elegant Cf the SOard'a action On this claim Dy tailing a Copy of this doCuments cad a sumo tjW%of has been filed and a dorsad m the Board's Copy Cf this Claim io &*condone with Section 29703. ( ) A verraird Cf clatmantfs right to apply for Im ,�// t a late algia ms sailed UTIDt� iJUN 3 0 1186 Pn UTOELM, Mark, by •X14let � Deputy Clerk 1 AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF • Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the clai\manty ' s Catherine A. MartinKX 1901 Golden Gate Avenue Richmond, CA 94801 RECEIVED 2. The address to which notices are to be sent is: or Jeanette K. Shipman MAYS LAW OFFICES OF STERNS SMITH WALKER & GRELL PHIL BAYC ELOn ER RD OF UP RVISOR 280 Utah Street RA co San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 14, February 18 and March 10, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County, Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 26 1986 JEANETT K. SHIPMA Attorney for Claimant 1507-B AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 14 through February 20, 1986, inclusive, and March 10, 1986, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees 'as follows: ( a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: ( a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; 1 r AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District (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 FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimant is: Catherine A. Martin 1901 Golden Gate Avenue Richmond, CA 94801 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 14, 1986 at 1901 Golden Gate Avenue, Richmond, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 23, 1986 , t ----- ---- //- -�= ----- JEANE E K. SHIPf� RECEIVED Attorney for Claimant MAY�319E6 3507-B L� o0 PHIL BATCHELOR ERK RD 04 SJIPERVISO RA 6y C A Y j CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 16 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: ( a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat and San Pablo Creeks and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo and Wildcat Creeks serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for businesses and residents in the North Richmond area, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: ( a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment, ,income and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use, income and repair expense; (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Martin v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant' s spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (i ) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (j ) Compensation for loss of time from employment, loss of income, damage to goodwill and business reputation and loss of earning capacity; (k) Attorneys ' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. nrclm.rpt Nwacn-.M ` ND : D JUN 12 1986 cV.An� ' BOARD OF SUMVIS(M OF CORU C=A COUFff Cu.n000b'" " BOARD ACTION Claim Against the County, or District ) VMCE SO CLOKANP June 24, 198 6 governed by the Board of Supervisors, ) The copy &7a t led to you Is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Sala Steeves Attorney: Address: 490 N. Civic Dr.#502 Walnut Creek, CA 94596 Amount: Unspecified By deli to clerk on very Date Received: June 12 , 1986 By mail, postmarked on June 8, 1986 I. FROM: Clerk of the Hoard of Supervisors 10: County Counsel Attached is a copy of the above-noted claim. Dated: June 12 , 1986 PHIL BATCHELOR, Clerk, By Deputy ath owl I. FROM: County Counsel 10: Cleff of the Hoard of Supervisors (Check only one) yQ This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to ccmply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: .4-, A,- 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 claimlis 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 1gBf PHIL BATCHELOR, Clerk, By . �/GCXX , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this Wtice was personally served or deposited in the mail to file a court action on this claim. See 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. We notified the claimant of the Boardts action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave to ent a late claim was mailed to claimant. ` � DATED: .wN ,i n 1986 PHIL BATCHELOR, Clerk, By (�CXR , Deputy Clerk ce: County Administrator (2) County Counsel (1) . ...... *-..r i Ivim yr Ivicumomnr- btIMUIT5 READ THIS NOTICE CAREFULLY AND KEEP IT FOR YOUR RECORDS THMAS NOTA BILL HEALTH CARE FINANCING ADMIHISTRATIOH For more information write to: BLUE SHIELD OF CALIFORNIA MEDICARE ## SALA STEEVES Chico, California 95976 490 H CIVIC DR 502 or Telephone 800-952-8627 NORTHERN CALI: wALXUT CREEK CA 94596 800-848-7713 SOUTHERN CALI: If you write or call, please give us: Health Insurance Claim # 375125986A Claim Control Humber (marked ** below This is Statement Humber 021349069-1 for enclosed Check Humber 078382582 MAY 27, 1986 THIS EXPLAINS BENEFITS OH YOUR UNASSIGXED CLAIM FOR $533 .00 . Claim Control Humber ** 200486108174600 ** BILLED APPROVET DIABLO ORTHO ME OFFICE SURGERY -01 MAR 03, 1986 $ 378. 00 $ 302 . 41 Approved amount limited by Item SC on back. DIABLO ORTHO ME OFFICE X-RAY -02 MAR 10-MAR 17 , 1986 $ 74 . 00 $ 49 . 51 Approved amount limited by Item SC on back. DIABLO ORTHO ME OFFICE SUPPLY -01 MAR 10 , 1986 $ 10 . 00 $ 10 . 01 DIABLO ORTHO ME OFFICE SURGERY -01 MAR 17, 1986 $ 59 . 00 $ 43 . 31 Appxoved amount limited by Item 5C on back. DIABLO ORTHO ME OFFICE SUPPLY -01 MAR 17, 1986 $ 12 . 00 $ 12 . 0c Total approved for all services on this claim . . . . . . . . . . 417 . 2( Medicare payment (80% of the approved amount less 'f%) * . . . . . . . . $ 330 . 4 ' We are paying a total of $ 330 . 41 to you on the enclosed check. Please cash it as soon as possible . If you have private insurance, it may help with the part Medicare did not pay. THIS EXPLAINS BENEFITS ON YOUR ASSIGNED CLAIM FOR $40 . 00 . Claim Control Number ** 202186104022290 ** BILLED APPROVEI JOHN MUIR MEMOR OUTPATIENT VISIT(S) -01 MAR 03, 1986 $ 40 . 00 $ 38. 00 Approved amount limited by Item 5C on back. JOHN MUIR MEMOR agreed to chaxge no more fox the approved services than the amount approved by Medicare . notal approved for all services on this claim . . . . . . . . . . . . . $ 38. 00 Kedicare payment (80% of the approved amount less 1.%) * . . . . . . . . $ 30 . 10 le are paying a total of $ 30 . 10 to JOHN MUIR MEMOR. Your responsibility to the >rovider of service is $ 7 . 60, which is the difference between the approved Lmount and the Medicare payment. :f you have private insurance, it may help with the part Medicare did not pay. 178 112/951 SECURITY PACIFIC NATIONAL BANK 11-4 1 SAN FRANCISCO,CALIFOANIA -121-0 1 115LUE SHIELD I • STANDARD BUSINESS ACCOUNT 0153 VOID 12 MONTHS FROM ISSUE DATE O f C a I i f o r n i a DETACH PROVIDER NO. CHECK NO. I CHECK P.O.BOX 7168 9 SAN FRANCISCO,CA 94120-7168 44.41 3 Oti2.3'1 1*�* ?.iZ� .Imt ...................... MO DAYYEARPAY . ...... .. ... ........ . .. .. . DETACH ........ PAY CHECK . .. .. . ......... STEEV�s ........ S ..... ............ VUS TO 490 N CIVIC DR 502 ******e-*uU ,LARS*9 CTS* THE WALNUT CREEK CA 94596 ORDER AMOUNTS$10.000.00 AND OVER REQUIRE TWO SIGNATURES I I I o DETACH OF CHECK 11'44430231118 1: 1210000441:92101,1979979118 lei Ut -------------—----------—----------------------------------------------------------- CHECK NO. BLUE SHIELD P.O. BOX 1447 PLIACERVILLEP CA 95667 of California (800)351:2465, (916)626-1420 4443023 -" EXPLANATION OF BENEFITS Your claim has been processed in accordance with the subscriber's health plan coverage. Please see the reverse side for an important message. FOR THE CLAIM RECEIVED ON 05/14/86 H=G ROUP NO SUBSCRIBER NO. CLAIM NO PROVIDER OF SERVICES DATE STEEVES SALA 500913 0000 006808416 05861340424300 IDS 20 86 770801061 03000 PHYSICIAN MEMBER - NO SERVICES BILLED PROCEDURE DATES OF SERVICE NUMBER OF AMOUNT AMOUNT SM APPLIED TO PATIENT'S -DAYS. E:SSAGE AMOUNT NUMBER SERVICES BILLED ALLOWED BELOW DEDUCTIBLE COPAYMENTPAID Mo I FROM I To YEAR AMOUNT MISC. SERVICES 9121,50001 03 04 04 86 1 19.25- 2.95 2.95 ----------j - TOTALS 19.25 2.95 2.95 MESSAGES: 4 11.80 PREVIOUSLY PAID BY MEDICARE. 1203 REVISION (1194) THIS IS NOT A BILL - RETAIN FOR PERSONAL TAX AND MEDICAL RECORDS i Dom or so�vi�ofls or � MCA mums CAU70M Claim wilt the qty. or Msnipt �7i'ICL► !O Q.ADlA1R June 24, 1986 governed by the Ward of Supervisors. The oopy +C .. or trots ooc,�manti ::used too yon Les' y flouting Vows Anta. and Hoard notice of the action taken Onlow cSaia try the Action. All Section referenow are Board of suparvison (Paragraph I & fleloer), to California Government Codes given pursuant to Govarment Code Section 913 and 915.~6 Please Date all Oftutng e Claitant: Dennis and Becky Woodruff' CWJMY CVA" Attoe�ay: James Gallagher Ropers , . Maj eski, Kohn, Bentley, Wagner & Kane MAY 2,.9 1986 A4dress: 655 Montgomery St. , Ste. 1600 San Francisco , CA 94111 By delivery to Clerk on t�f�i CA Amount: Unspecified Date Received: May 23, 1986 By mall pmtm~ an May -22, 1986 . --Mark o Supe sons : y OiRiz tttacbed is a copy of the above-noted aLia. }fated: ,rJ,a;j 9S, L 4�_PM MATOMM. Clark. By -gap&7 Cathv Knwes . INNS County camel IN clark soca (Check only one) 0 This claim complies substantially with Sections 910 and OL0.2. ( ) this claim PAILS to comply substantially with Sections 9M0 and 910.2. and Ma ora so notifying claimant. The Hoard cannot act for 15 days (Section 910.e). ( ) Maim is not timely filed. Clerk should return claim on ground that it was filed late and send warnsn� of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Bated: & By: c�I Deputy County counse1 Iii. nMt Clark of the Hoard T0: Cl) ty-CeRsslT�0 (2) County Administrator ( ) Main was returned as untimely with Drbtioe to claimant (Section 51.3)• If►, MOD By unw4mous vote of Supervisors present yt RnIENOEb (V) This claim Is rejected in full• ( Other: i�ertLfy that this Is a true and correct copy of the Hoard's e- is minutes for this date. zwlzr Dated: 1N 2 4 iGR6 PHIL NATCHMM. Mark. By � . Deputy Clark ffimvb�VAMM (Gov. Cc& section 913) Sub3eet too certain excepticas, you Rave only six (6) months from the elate or this notice was personally served or deposited in the mail to file a oast action on this QUia. See Covarwwt Code section 915.6. You may seek the advice of an attorney cf your chcioe in oorneetion pith this tatter. If you want to consult an attorney, you sMuld do so temediately. T. nft Mark of the Board 'IA: CO Canty Cwxml. (2) County Administrator Attached are copies of the abose claim. We notified the claimant of the Board's action on this claim by sailing a copy of this doomeut, and a memo thereof fats bm filed and endorsed on the Board's copy CC this Claim in accordance with Section 29703• ( ) A Darning of c aimantts right to apply for leave to t • into claim Was Dialled DATID:��6 PM B►T=M p Mark. By Deputy Qerk .ALWR.JM BARD OF SDPSR4 MM OF COW 0 STA CUMM. CALVMIA MM ACTION r Qum Against the County, or biatrict ) MICE TO Ci,.►DUi;L' May 13, 1986 ,governed by the Board of Supervisors, ) The coP7 of this document nalied to you is your Routing Endorsements, and Board ) notios of the action taken on yaw claim by the Action. All Section references are ) Hoard of Supervisors (Paragraph IT$ below), to California Government Codes ) 'given purrausnt to 0overrment Code Section 913 and 915.4. Please note all wwarninwe Claimants Dennis Woodruff and Becky Woodruff County Counsel Attoonaye James E. Gallagher Ropers, Majeski; Kohn, Bentley,Wagner & Kane APR 14 1986 Addresss 655 Montgomery St. ,Ste. 1600 San Francisco, CA 94111 Martinez, CA 94553 Amounts To be determined By delivery to clerk an Date Received:April 11, 1986 By nail, postmarked on Apr; 1 in , 19RF 1. z Mark of the Board of Supero sots TO: County Attached is a copy of the above-noted claim. tated= April 14, 1986PHII. BATCHELOR, Clark, By � +-r d,ti�� Deputy CatlKhowleg : County counsil 10: Clark of the Nia of Supervisors (Check way one) ( ) This claim complies substantially with Sections 910 and 910.2. (x) This claim FAILS to comply substantially with Sections 910 and 910.29 and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( i CIO-d= is not filth!. Clerk s"_ .Ad re-turn 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: Byzct. Deputy County Counsel III, PMs Clerk of the Board 10: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I9, BDARD ORDER By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Others certify that this Is a true and correct copy of the Board's Order entered in Its od for this date. Datedt 13 1q8LwMBA70M0Rq Clerk, By • Deputy Clerk YARNMO (0ov. Code Section 91 ) Subject to certain exceptions, you have only six (6) aonths fyron the date of this notice was personally served or deposited in the mail to fila a court action on this claim. See Government Code Section 945.6. You may seek the advice of on attorney of yea ohoios in connection with this matter. If you want to om%at an attorney, you should do so immediately. CLAI14 • VDARD OF SUtVIWRS OF dWW 003!1 00U1Ms CA MUNIA BOARD ACTION Maim Against the County, or District ) ROTICE Z+0 C[.AIHM:' May 13, 1986 governed by the Hoard of Supervisors, ) The copy e t ad to you is yaw Routing Endorsementa, and Hoard ) notice of the action taken on yaw olaLe by the Action. All Section refs www ars ) Hoard of Supervisors (Paragraph I99 below), to California Government Codes ) liven pursuant to Government Code Section 913 and 915.4• Plows note all vNar:rIgW* Claimant: Dennis Woodruff .and Becky Woodruff County Counsel Attorney: Janes E. Gallagher Ropers , Majeski; Kohn, Bentley,Wagner & Kane APR 14 1986 Address: 655 11ontgonery St. ,Ste. 1600 San Francisco, CA 94111 Martinet, CA 94553 Amount: To be determined By delivery to clerk on Date Reoeived:April 11, 1986 By mail, postmarked an Arri 1 1 n� 1 ARF : Mark of the Board of Supervisors 10: County el Attached is a copy of the above-noted claim. sp Dated: April 14, 1986PHIL BATCHELOR, Clerk, By � �, ..'C_�3 Deputy nth Ygiowlel LE : County Cbunsil 70: Clark 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 910.6). Claim is not. t.=l; filed. ClIeNe a?rori d return claim an aground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). -. ( ) Other: Dated: By: cc. Deputy County Counsel in, FROM: Clark of the Board 10: (1) County Counsel, (2) County Administrator ( , ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( X) This claim is refected in full. ( ) Other: I certify that this is a true correct copy of the Board's Order snE&Q in Its for this date. Dated: m►+� 13 1986 HU BATCHMOR, Clerk, By T -t , Deputy Clr VARNM (Gov. Code Section 913) Subject to ow tain sxoeptions, you have only six (6) aonths from the date of this notice was personally served or deposited in the mail to fila 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. LAN'OFFICES HAROLD ROPERS ROPERS, MAJESKI, KOHN, BENTLEY, REDWOOD CITY OFFICE (1904.1966) WAGNER & KANE 1125 MARSHALL STREET REDWOOD CITY,CALIFORNIA 94063 LANOFFICE OF A PROFESSIONAL CORPORATION TELEPHONE(415)3648200 RON'W.FIELDS 655 MONTGOMERY STREET,SUITE 1600 655 MONTGOMERY STREET,SUITE 1600 SAN JOSE OFFICE SAN FRANCISCO.CALIFORNIA 94111 SAN FRANCISCO,CALIFORNIA 94111 80 NORTH FIRST STREET,SUITE 300 OF COUNSEL (415)7882600 SAN JOSE,CALIFORNIA 95113 HAROLD CLINTON BROWN TWX 9103785211 TELEPHONE(408)287.6262 ROPERS RDCY May 21 , 1986 Vickie J. Finucane Deputy County Counsel M c/o Clerk of Board of Supervisors AY 1386 Room 106 County Administration Building t�1a)IJ ' �:� 1- c� 651 Pine Street Martinez , California 94553 RE: Notice of Insufficiency - Claim of Dennis and Becky Woodruff Dear Ms . Finucane : Thank you for your form letter of May 1 , 1986 in regard to the claim of our clients Dennis and Becky Woodruff previously filed with the Board of Supervisors . Replying to the indicated paragraphs 3 and 7 of that form, thea state as follows. The transactions giving rise to the claim asserted occurred when Dennis and Becky Woodruff were served with the cross-complaint in the lawsuit State Farm vs . Sheets, Contra Costa County Action Number 2355495 on April 1 , 1986 , and when my clients were served with suit in Allstate Insurance Company vs . Dennis C. Woodruff, et al in Contra Costa County Action Number 280785 on January 18 , 1986 . For your reference a copy of 'the Notice of Insufficiency is attached hereto. Yours very truly, J MES E. GALLAGHER Enclosure JEG:bb RECEIVED MAY _Z31911IN PHIL 6 iGHEL017 Iy Y,�ER ARO SUPEFYISARS r RA STA CO. \ ,1 n By AMENDED CLAIM BOARD OF SUPERVISORS or 05M COSTA OOONTI CALIFK_tNIA AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD EDAM ACTION CONTROL AND WATER CON,SERVATION DISTRICT June 24 , 1986- Claim Against the County, or District ) NOTICE TO CLAIMANT governed by the Board of Supervisors, ) The copy Of this t mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph I99 below), to California Government Codes ) given pxwmt to Government Code Section 913 and 915.4. Please note all wWarnings". Claimant: Taylor Maia, a minor by and through a Guardian ad Litem Attorney: Jeanette K. Shia_man County COIMSo, Sterns , Smith, Walker & Grell Address: 280 Utah Street JUN 171986 San Francisco, CA 94103 Amount: $1, 000, 000. 00+ By delivery to clerk on Date Received: June 17 , 1986 By mail, postmarked on T„nc IA I QAA I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: 1 np 17 12RPIL BATCHELOR, Clerk, By4 A..d Deputy II. : County Counsel TO: Clerk o the Board of Supervisors (Check only one) (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated eBy: Deputy County Counsel III. OM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (Y�) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of a Board's Order entered in its Rdkgs for this date. Dated: J�IY 2 4 PHIL BATCHELOR, Clerk, By 4 �L�x� , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of you choice in connection with this 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 en a late claim was mailed tomant DATED: J9W 3 0 1986 PHIL BATOMDR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) , ^ ^ , ^ ^ ` ' CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF- Government ELIEFGovernment Code, Section 910, et seq. re: Maia v. Contra Cosa Count" Flood Control Distri + TO: Coll tr,=k Costa County Flo d Control District V4 A Y V198 6 Contra Costa County Stpo P.M. 651 Pine Street PHIL BATCHELOR LERK BARD Of SUPOWIPRS Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimant is: Taylor Maia, a minor By and Through a Guardian Ad Litem 913 Randy Lane San Pablo, CA 94806 2. The addressto which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS. SMITH, WALKER & GRELL 280 UtahStreet San Francisco, CA 94103 ^ 3. The circumstances which give rise to this claim occurred on February 18' 1.986 and are described in "The Basis of the Claim" which is attached , hereto. 4. The names of all public employees causing the injuries, damages and losses are the� agents, servants and employees of Contra Costa County Flood. Control District whose names and identities are not Presently known to claimant. 5. The amountof damages claimed is 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 131 1986 ` �. . �, ' TE K. SHIP �� rney for Cla^"=nt ^ 3017-C , ` ` CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: ( a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: ( a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3017-C (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i ) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt , ^ , ^ ` � . ` `^ CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County Flood Control Distri + RKEIVED TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street rPHIL BATCHELOR Room 106 Martinez, CA 94553 Pursuant to the provisions of Section q10, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa Countv Flood Control District. 1 . The name and post office address of the claimant is: Taylor Maia, a minor By and Through a Guardian Ad Litem 913 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 18, 1.986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causinq the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1 , �00, 000, plus an amount , several- million do�.1arsr for .�. tbe5'n�evmaeA:r— d vest eoRSF-.t o- x�revess��'1�a��resf��o��n�� description o�� the cIaimant 'sdamages is in the "Itemization or Damages" which is attached hereto. May 13, 1986 _ __ ,_________ TE K. SHIP �rne� for Clai��nt 3017—C G - L _ CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or other- T1abVe fnclufng= acts- arm omissions whictr-ate=-p=esentlye unknasamotir, ` .... . ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3017-C (c) Expense of preventing further damage from future flooding; i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages- for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. c County Counsel AITNDFD JUN 7 BOARD OF SUPERVISMS A ooM. C&MOKIA Afarb 1 1986 gW Claim Against the County, or District ) NDTICE TO CLADW June 24, 1986 governed by the Hoard of Supervisors, ) The copy Of this d0mmwt fffid1sa to you is your Routing Endorsements, and Board ) notice of the action taken on your olaim by the Action. All Section references are ) Beard of Supervisors (Paragraph IV, below), to California Government Codes ) given Pursuant to Government Code Seetien 913 and 915.4. Please note all ■WarninW- Claimant: TAYLOR MAIA, a minor by and through a Guardian Ad Litem Attorney: Jeanette K, Shipman Law Offices of Sterns , Smith., Walker & Grell Address: 280 Utah Street San Francisco , CA 94103 Amount: $1 , 000, 000. 00+ By delivery to clerk on Date Received: June 17 , 1986 By mail, postmarked on T,,,,e 16 . I R 8 6.-- I. : Clerk of the Hoard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: June 17 , 1986 PHIL BATCHELOR, Clerk, By rL 0sDeputy XM:TEP C e r v e1 ' I. 1 : County Counsel TO: Clerk o 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: i A k Y-Cj By: County Counsel III. OM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD WER By unanimous vote of Supervisors present ,res vix�'O.�D (x ) This elaimAis rejected in full. ( ) Other: I certify that this is a true and correct copyof -the Ho�rdos Order entered in its minutes. 1h date. / Dated: JUS y PHIL BATCHELOR, Clerk, By , Deputy Clerk WARDM (Gov. Code Section 913) Subject to oertain exceptions, you have only six (6) montha 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 flatter. If you want to consult an attorney, you should do so imodiately. 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 Boar-dos 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 DATED: N � n X986 PHIL BATCHELOR, Clerk, By , Deputy Clerk W! flinty AMinistrator (2) Co►mty C.oimsel (1) Law Offices I-Of 280 Utah Street Sterns, Smith, Walker, San Francisco, California 94103 Pesonen & Grell (415) 626.1000 Gerald C. Sterns Thomas G. Smith Elizabeth W. Walker Walter H. Walker III David E. Pesonen Christopher E. Grell Jeanette K. Shipman James Paul Collins Virgil James Wilson III June 16 , 1986 Shelley L. Coleman Contra Costa County Clerk of the Board 650 Pine Street Room 106 Martinez , CA 94553 Re: Taylor Maia (Amended Claims ) Gentlemen: Enclosed are the original and a copy ( for the State Board of Control there are three copies ) of an Amended Claim for Personal Injuries , Property Damage and Equitable Relief for Taylor Maia, a minor. Please note that claims for this minor were originally prepared and filed on May 13, 1986. The amendment simply adds the address of the damaged property in the body of the claim. Kindly stamp the copy "received" and return it to us in the envelope provided. Thank you. Very my yours , z ne LaRue Singlet Secretary to Jeanette K. Shipman sls enclosures 061686/3000t FIVED 1983 ►MIL BATCHELOR RK B ARO Of$ RUISORS C TRA CS C . Ely .. Deputy AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et sEry re: Maia v. .Contra Costa County RECEIVED TO: Contra Costa County JUN 117 1915 Clerk of the Board PHIL BATCHELOR 651 Pine Street ERK BO CO A COST DOF SUPERVISORS Room 106 a ft.,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: Taylor Maia, a minor By and Through a Guardian Ad Litem 913 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 913 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant ' s damages is in the "Itemization of Damages" which is attached hereto. June 16, 1986 JEANE K. SHIPKbN Attorney for Claimant 3017-C AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: ( a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: ( a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; (c) Expense of preventing further damage from future flooding; AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (h) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; ( i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the 'Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. PROOF OF SERVICE BY MAIL —CCP 1013a,2015.5 1 I declare that: '2 I am employed in the City and County of San Francisco,California. I am over the age of eighteen years and not a party to the within 3 cause. My business address is 290 Utah Street, San Francisco, California, 94103. 4 On—June 16 , 1986 ,I served thewithin Amended Claim for Personal 5 Injuries, Property Damage and Equitable Relief 6 I on the parties in said cause,by placing a true copy thereof enclosed in 7 a sealed envelope with postage thereon fully prepaid,in the United States mail at San Francisco,California,addressed as follows: 8 9 Contra Costa County 10 Clerk of the Board 651 Pine Street 11 Room 106 12 Martinez , CA 94553 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 I declare under penalty of perjury that the foregoing is true and correct,and that this declaration was executed on 34 June 16, 1986 at San Francisco,Calif ia. 35 36 (TYPE OR PRINT NAME) SIGNA RE LAW Offices Of Stens,Smkh, Walker G GreO 280 Utah Street n Francisco,CA 94103 1 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1 . The name and post office address of the claimant is: Taylor Maia, a minor By and Through a Guardian Ad Litum 913 Randy Lane RECEIVED San Pablo, CA 94806 2. The address to which notices are to be sent MAY 14 1986 Jeanette K. Shipman LAW OFFICES OF PHIL TCHEIOR STERNS, SMITH, WALKER & GRELL C� 010 SUPco RS h' 280 Utah Street e San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-18-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 J N TE K. SHIPMA orney for Claimant 3017-C - 1 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: ( a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3017-C (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; CLAIM FOR ISONAL INJURIES, PROPERTY. DAMAGE AND EQUITABLE RELIEF C� Government Code, Section 910, et seq. roor� re: Maia �h Y 1`ntra Costa County + i (e) Per: 11 injury caused by the floodwaters, mud, debris and subsequer contamination, mold and decomposition during the flood and escape el, •ts; ( f) Emol� cal distress and other personal injuries sustained while escaping , � m the floodwaters, mud and debris, and from the fear for personal ( ety and the loss of and real and personal property in the event of �.� ure flooding; O H I (g) Damao p, i,for the negligent or other infliction of emotional distress .o.m Iained as a result of witnessing injury to claimant' s family; m m r(tt '�s i (h) Expen�(D Eor medical services incurred in the treatment of claimant Is'fiC* isical and emotional injuries; N KS I (i) Comper: n ,ion for loss of time from employment and loss of earning cap, m ty; (j ) Attor6 fees incurred in recovering damages and equitable relief for i�-�e losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT June 24, 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action,) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: Tammy S . Long and Victorio Jimenez County Couaw Attorney: Michael Devin D. G. Jason Davis law office JUN 0 31986 Address: 405 14th St. , Ste. 1510 Oakland, CA 94612 hand delivered O t net. CA0 r' Amount; See last page of claim By delivery to Clerk on June 2 , 1986 Date Received: June 2 , 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED:_ June 3, 1986 PHIL BATCHELOR, Clerk, By �2 LDeputy II. FROM: County Counsel TO: . Clbrk of the Board of Supervisors ( ) The Board should grant this Application -to File Late Claim (Section 911.6). (/ The Board shoulddeny this Application to File Late Claim (Section 911.6). DATED (7/'VICTOR WESTMAN, County Counsel, By"c' y l III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (}�) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: JUN 2 4 1986 PHIL BATCHELOR, Clerk, By � � Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703, DATED: LAO, V4?ZPHIL BATCHELOR, Clerk, By / Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By. APPLICATION TO FILE LATE CLAIM LAW OFFICE OF D. G. JASON DAVIS RECEIVED FINANCIAL CENTER BLDG, f(jlEC�y T VES 405 141h STREET, SUITE 1510 iJ jll OAKLAND, CA 94612 JUNAL 1915 N13ot.M- D. G. JASON DAVIS ►MIL SATCHELOI ATTORNEY AT LAW E {OAIIO OF SUPERVISORS C A COST O MICHAEL DEVIN By • ONE ATTORNEY AT LAW June 2, 1986 (415) 832.7000 372-2371 Clerk of the Board of Supervisors 651 Pine Street, Room 106 Martinez, California 94553 Re: Application to Present Late Claim Our Clients/Claimants: Tammy S. Long and Victorio Jimenez Gentlepersons: This letter is sent pursuant to Government Code Section 911 . 4 and constitutes written application to present late claims on behalf of the persons referenced above. Copies of the proposed claim are attached. It is believed that the claims of our clients accrued sometime after a fire which occurred on or about June 4, 1986, at property located at 2371-2375 San Pablo Dam Road, in the City of San Pablo. This fire caused damage to the structure, and thereafter, by reason of neglect and said damage, refuse, garbage and chemical contamination all combined to cause harmful fumes, noxious and/or toxic vapors to be released in and around the premises . By breathing these fumes, claimants developed lung infections and other health problems over the next several months. It is believed that the property was owned at the time of the fire by a Mr . Myovich . Sometime after the fire , the REDEVELOPMENT AGENCY OF THE CITY OF SAN PABLO acquired the property. On July 21 1985, the City sent a notice to Tammy S. Long that they had purchased the property and that title had not yet vested in the agency. Thereafter, the County of Contra Costa through the Housing Authority of the County of Contra Costa made some efforts to relocate the claimants by providing housing assistance payments. The nature and extent of liability, if any, on the part of the County and the Housing Authority is unknown at this time. The City of San Pablo, through the REDEVELOPMENT AGENCY, also was actively participating in placing the claimants in replacement housing. Yet no efforts were made to clean the premises or render them safe, or otherwise protect claimants from the harmful fumes and noxious and/or toxic vapors. It is believed by claimants that this written application for leave to present a late claim is made within one year from the accrual from any potential cause of action against your entity. The reasons for delay in presenting the claim are as follows: 1. The nature of the injuries sustained, namely lung damage and the emotional distress subsequent ' to the injury, were slow to be perceived by the claimants. 2. Claimants were told by representatives of the City of San Pablo that a private individual, namely Mr. Myovich, was responsible for any injuries that the claimants may have suffered by reason of the dangerous and substandard condition of the premises and grounds surrounding the premises.' 3. Claimants have since attempted to locate Mr. Myovich without success. 4. Claimants have been preoccupied with attempts to relocate and obtain the means for their existence and livelihood, and to obtain treatment for their injuries, and should be excused for failure to present claims in a timely fashion. 5. Claimants were under the impression that they had one year from the date of the injury in which to present a claim against persons or entities responsible for their injuries, and had no knowledge of the one hundred (100) day claim requirement applicable to a public entity until they retained the Law Office of D. G. JASON DAVIS on March 27, 1986. It was at that time that claimants discovered that they may have claims against the public entities as well as Mr. Myovich. 6. The minor claimant, Victorio Jimenez, was a minor throughout the entire 100 day claim presentation period. For these reasons, the claimants respectfully request leave to . present a late claim. Very truly yours, LAW ,OFFICE OF D. G. JASON DAVIS MICHAEL DEVIN MD;nl Enclosures NOTICE OF CLAIN AGAINST THE COUNTY OF CONTRA COSTA CLAIMANTS Tammy S. Long and her minor child Victorio Jimenez ADDRESS OF CLAIMANTS 1420 - 23rd Street, San Pablo NOTICES TO : Law Office of D. G. Jason Davis 405 14th Street, Suite 1510 , Oakland, CA 94612 DATE OF OCCURRENCE : Unknown, beginning in July 1985 and continuing through December 23 , 1985 PLACE OF OCCURRENCE : Various units at a ten-unit complex, including 2371 and/or 2375 San Pablo Dam Road, San Pablo, CA FACTS OF OCCURRENCE : At all times referenced herein, claimants were tenants of and occupied one or more of the units at the address referenced above and all said units were known to the entities to present dangerous and substandard housing conditions. Said entities either had or assumed the responsibility for protecting tenants from health hazards and physical injuries caused by the condition of the premises and grounds surrounding the units, for correcting the dangerous and substandard conditions on and around the premises, and for relocating the tenants from the premises. Despite this, claimants were forced to live in substandard and dangerous housing conditions at the above address for several months because said entities failed to protect tenants (claimants) from health hazards and physical injuries or to correct said dangerous and substandard conditions or to relocate the claimants . Claimants, by such failure, were forced to breathe dangerous fumes and noxious or toxic vapors from fire damage, refuse, garbage, and chemical contamination and suffered lung damage and other injuries and damages. Claimants were told by representatives of the City of San Pablo that a private individual was responsible, and have only discovered that the above-named entities may be responsible within the last 100 days. NATURE AND EXTENT OF INJURIES Special Damages - Unknown at this time, medical expenses, future medical expenses, diminished earning capacity General Damages - lung damage, pain and suffering, mental distress AMOUNT OF CLAIM Tammy S. Long. . $200 ,000 Victorio Jimenez. . $200,000 CLAIM DATED: June 2 , 1986 A.-'PLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA AND AS THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY BOARD ACTION Application to F e Late Cla mU )TY NOTICE TO APPLICANT June 24, 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: Tammy S . Long & Victorio Jimenez county Counsel Attorney: Michael Devin JUN 0 51986 D. G. Jason Davis law office Address; 40514th St . , Ste. 1510 rMartmCAs" Oakland, CA 94612 Amount: Please see last page By delivery to Clerk on June 4, 1986 Date Received: June 4, 1986 By mail, postmarked on June 2 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to Fil ate Claim. I DATED: June 5 , 1986 PHIL BATCHELOR, Clerk, By ., _ >ti Deputy Cath owles II. FROM: County Counsel TO: Cleff of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (� The Board should deny this Application to File Late Claim (Section 11.6). DATED ,1 / CTOR WESTMAN, County Counsel, B � .' c�c l,c a (crtZe�suty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). 00 This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: JUN 2 41986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code §911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel T2——County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: JUN 3 0 1986 PHIL BATCHELOR, Clerk, By �Q�—Q�' Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By. County Administrator, By APPLICATION TO FILE LATE CLAIM HOUSING AUTHORITY of the COUNTY OF CONTRA COSTA 3133 Estudillo Street 9 P.O. Box 2396 Martinez, California 94553 f JUN 4 1986 Ylu central AdministrationJune 3. 1986 14 (415)372-0791 iE 0 ❑ Constructiori Engineering (415)372-7308 ❑ Fiscal Acctg. & Financial Services (415)372-8134 ❑ Housing Operations (415)372-7400 Clerk of the Board of Supervisors El New Development Contra Costa County (415)372-0796 651 Pine Street Ej Special Projects (415)372079s Martinez, CA 94553 Housing Offices Re: Application to Present Late C1 aim and Lj 22 Buhanan Ro A10ntioch,CCA 94509ad Notice of Claim Against the Housing Authority (415)754.2565 Tammy S. Long and Victorio Jimenez ❑ 801 "J" Street Antioch.CA 94509 (415)7572925 ❑ 2425 Bisso Ln., Suite 225 Attached are the original and two copies of an Application to Concord.CA 94520 Present Late Claim and a Notice of Claim Against the Housing (415)687-8791 Authority of the County of Contra Costa filed by the Law Office of n 3133 Estudillo Street D. G. Jason Davis, on behalf of Tammy S. Long and her minor child P.O. Box 2396 Martinez.CA 94553 Victorio Jimenez. (415)3728621 n 1601 N.Jade Street Also attached is the June 2. 1986 letter from Mr. Michael Devin of No. Richmond.CA 94802 (415)232-8492 the Law Office of D. G. Jason Davis requesting that a filed and ❑ 4th 9 Rosemary Ln. endorsed copy be returned in the self-addressed stamped envelope Oakley.CA 94561 provided. (415)625-2245 E] 875 El Pueblo Avenue We have notified your previous insurance carrier of this claim and a Pittsburg.CA 94565 (415)432 3523 copy of our letter to them is attached. 7 2 Street Rodeo.CACalifornia 94572 This claim was received by Certified Mail at 9:50 a.m. , June 3, (415)799 4476 1986. Will you please notify us when this claim is calendered for ❑ 52 Pueblo Avenue the Board of Supervisors/Commissioners. West Pittsburg, CA 94565 (4151 458 3202 Sincerely, Perfecto Villarreal Executive Director . pv:jt Attachments cc: Mr. Terry McGraw, Deputy Administrator Mr. Victor J. Westman, County Counsel HOUSING AUTHORITY of the COUNTY OF CONTRA COSTA 3133 Estudillo Street P.O. Box 2396 Martinez. California 9=553 Central Administration June 3, 1986 (415)372.0791 ❑ Construction& Engineering (415)372-7308 ❑ Fiscal Acctg.& Financial Services , (415)372.8134 ❑ Housing Operations (415)372-7400 Ms Maureen Beshears ❑ New Development James G. Parker Insurance Associates (415)372-0796 5150 North Sixth, Suite 124 17 Special Projects (415)372-0796 Fresno, California 93710 � Housing Offices 17 2102 Antocch. an CAn94509ad Subject: Claim Against the Housing Authority (415)754.2565 Fremont Insurance Company ❑ 801 "J"Street General Liability Policy No. GLA 0005519 Antioch, CA 94509 (415)7572925 ❑ 2425 Bisso Ln..Suite 225 Dear Maureen: Concord.CA 94520 (415)687-8791 On Tuesday, June 3, 1986 we received the attached Claim Against the ❑ 3133 Estudillo Street Housing Authority of the County of Contra Costa and Application to P.O. Box 2396 Martinez,CA 94553 Present a Late Claim. Both instruments have been forwarded to the (415)372.8621 Board of Supervisors/Commissioners and will. be routinely denied ❑ 1601 N.Jade Street within the next four weeks. No. Richmond.CA 94802 (415)232-8492 ❑ 4111Rosemary Ln, From the dates alleged in the claim, the Housing Authority of the Oakley,CA 94561 County of Contra Costa was apparently insured by Fremont Indemnity (415)625.2245 Company at the time the alleged injuries were suffered by Tammy S. ❑ 875 EI Pueblo Avenue Long and her minor child, Vi ctori o Jimenez. Pittsburg,CA 94565 1415)432 (� 215)43235rnia Street Would you please forward this information to Fremont Indemnity Rodeo.CA 94572 Company so that they will be informed of the existance of this claim (415)799.4476 in a timely manner. 52 Pueblo Avenue West Pittsburg.CA 94565 (415)4583202 Sincerely, Perfecto Villarreal Executive Director PV:jt Attachment LAW OFFICE OF D. G. JASON DAVIS - FINANCIAL CENTER BLDG. 405 14th STREET, SUITE 1510 OAKLAND, CA 94612 D. G. JASON DAVIS ATTORNEY AT LAW MICHAEL DEVIN TELEPHONE ATTORNEY AT LAW (41$) 832-7000 June 2 , 1986 Certified Number: P 725 020 616 Housing Authority of Contra Costa County P.O. Box 2396 Martinez , California 94553 Re: Application to Present Late Claim Our Clients/Claimants: Tammy S. Long and Victorio Jimenez Gentleperson: Enclosed please find one original and two copies of the Application to Present a Late Claim and Notice of Claim Against the Housing Authority of the County of Contra Costa forms properly signed and completed. Please file and return the endorsed, file copy in the self- addressed, stamped envelope provided. Thank you for your cooperation and attention to this matter. Very truly yours, LAW OFFICE OF D. G. JASON DAVIS By MICHAEL DEVIN MD;nl Enclosures LAW OFFICE OF D. G. JASON DAVIS FINANCIAL CENTER BLDG, 405 14th STREET, SUITE 1510 OAKLAND, CA 94612 D. G. JASON DAVIS ATTORNEY AT LAW MICHAEL DEVIN TELEPHONE ATTORNEY AT LAW June 2, 1986 (47$)832-7000 Housing Authority of the County of Contra Costa P.O. Box 2396 Martinez, California 94553 Re: Application to Present Late Claim Our Clients/Claimants: Tammy S. Long and Victorio Jimenez Gentlepersons: This letter is sent pursuant to Government Code Section 911.4 and constitutes written application to present late claims on behalf of the persons referenced above. Copies of the proposed claim are attached. It is believed that the claims of our clients accrued sometime after a fire which occurred on or about June 4, 1986, at property located at 2371-2375 San Pablo Dam Road, in the City of San Pablo. This fire caused damage to the structure, and thereafter, by reason of neglect and said damage , refuse, garbage and chemical contamination all combined to cause harmful fumes , noxious and/or toxic vapors to be released in and around the premises . By breathing these fumes, claimants developed lung infections and other health problems over the next several months. It is believed that the property was owned at the time of the fire by a Mr . Myovich . Sometime after the fire , the REDEVELOPMENT AGENCY OF THE CITY OF SAN PABLO acquired the property. On July 2, 1985, the City sent a notice to Tammy S. Long that they had purchased the property and that title had not yet vested in the agency. Thereafter, the County of Contra Costa through the Housing Authority of the County of Contra Costa made some efforts to relocate the claimants by providing housing assistance payments. The nature and extent of liability, if any, on the part of the County and the Housing Authority is unknown at this time. The City of San Pablo, through the REDEVELOPMENT AGENCY, also was actively participating in placing the claimants in replacement housing. Yet no efforts were made to clean the premises or render them safe, or otherwise protect claimants from the harmful fumes and noxious and/or toxic vapors. It is believed by claimants that this written application for leave to present a late claim is made within one year from the accrual from any potential cause of action against your entity. The reasons for delay in presenting the claim are as follows: 1. The nature of the injuries sustained, namely lung damage and the emotional distress subsequent to the injury, were slow to be perceived by the claimants. 2. Claimants were told by representatives of the City of San Pablo that a private individual, namely Mr. Myovich, was responsible for any injuries that the claimants may have suffered by reason of the dangerous and substandard condition of the premises and grounds surrounding the premises. 3. Claimants have since attempted to locate Mr . Myovich without success. 4. Claimants have been preoccupied with attempts to relocate and obtain the means for their existence and livelihood,and to obtain treatment for their injuries, and should be excused for failure to present claims in a timely fashion. 5. Claimants were under the impression that they had one year from the date of the injury in which to present a claim against persons or entities responsible for their injuries, and had no knowledge of the one hundred (100) day claim requirement applicable to a public entity until they retained the Law Office of D. G. JASON DAVIS on March 27, 1986. It was at that time that claimants discovered that they may have claims against the public entities as well as Mr. Myovich. 6. The minor claimant, Victorio Jimenez, was a minor throughout the entire 100 day claim presentation period. For these reasons, the claimants respectfully request leave to present a late claim. Very truly yours, LAW OFFICE IOF D. G. JASON DAVIS 'Nuj MICHAEL DEVIN MD;nl Enclosures NOTICE OF CLAIM AGAINST THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA CLAIMANTS Tammy S. Long and her minor child Victorio Jimenez ADDRESS OF CLAIMANTS 1420 - 23rd Street, San Pablo NOTICES TO : Law Office of D. G. Jason Davis 405 14th Street, Suite 1510, Oakland, CA 94612 DATE OF OCCURRENCE : Unknown, beginning in July 1985 and continuing through December 23 , 1985 PLACE OF OCCURRENCE : Various units at a ten-unit complex, including 2371 and/or 2375 San Pablo Dam Road, San Pablo, CA FACTS OF OCCURRENCE : At all times referenced herein, claimants were tenants of and occupied one or more of the units at the address referenced above and all said units were known to the entities to present dangerous and substandard housing conditions. Said entities either had or assumed the responsibility for protecting tenants from health hazards and physical injuries caused by the condition of the premises and grounds surrounding the units, for correcting the dangerous and substandard conditions on and around the premises, and for relocating the tenants from the premises. Despite this, claimants were forced to live in substandard and dangerous housing conditions at the above address for several months because said entities failed to protect tenants (claimants) from health hazards and physical injuries or to correct said dangerous and substandard conditions or to relocate the claimants. Claimants, by such failure, were forced to breathe dangerous fumes and noxious or toxic vapors from fire damage, refuse, garbage, and chemical contamination and suffered lung damage and other injuries and damages. Claimants were told by representatives of the City of San Pablo that a private individual was responsible, and have only discovered that the above-named entities may be responsible within the last 100 days. NATURE AND EXTENT OF INJURIES Special Damages - Unknown at this time, medical expenses, future medical expenses, diminished earning capacity General Damages - lung damage, pain and suffering, mental distress AMOUNT OF CLAIM Tammy S. Long . . $200 ,000 ViclAtorio Jimenez. . $200 ,000 CLAIM DATED: June 2, 1986 LAW OFFICE OF D. G. JASON DAVIS FINANCIAL CENTER BLDG. 405 141h STREET, SUITE 1510 OAKLAND, CA 94612 O. G. JASON DAVIS ATTORNEY AT LAW MICHAEL DEVON - TELEPHONE ATTORNEY AT LAW (415)8327000 June 2, 1986 Housing Authority of the County of Contra Costa P.O. Box 2396 Martinez, California 94553 Re: Application to Present Late Claim Our Clients/Claimants: Tammy S. Long and Victorio Jimenez Gentlepersons: This letter is sent pursuant to Government Code Section 911. 4 and constitutes written application to present late claims on behalf of the persons referenced above. Copies of the proposed claim are attached. It is believed that the claims of our clients accrued sometime after a fire which occurred on or about June 4, 1986, at property located at 2371-2375 San Pablo Dam Road, in the City of San Pablo. This fire caused damage to the structure, and thereafter, by reason of neglect and said damage, refuse, garbage and chemical contamination all combined to cause harmful fumes , noxious and/or toxic vapors to be released in and around the premises . By breathing these fumes, claimants developed lung infections and other health problems over the next several months. It is believed that the property was owned at the time of the fire by a Mr . Myovich . Sometime after the fire , the REDEVELOPMENT AGENCY OF THE CITY OF SAN PABLO acquired the property. On July 2, 1985, the City sent a notice to Tammy S. Long that they had purchased the property and that title had not yet vested in the agency. Thereafter, the County of Contra Costa through the Housing Authority of the County of Contra Costa made some efforts to relocate the claimants by providing housing assistance payments. The nature and extent of liability, if any, on the part of the County and the Housing Authority is unknown at this time. The City of San Pablo, through the REDEVELOPMENT AGENCY, also was actively participating in placing the claimants in replacement housing. Yet no efforts were made to clean the premises or render them safe, or otherwise protect claimants from the harmful fumes and noxious and/or toxic vapors. It is believed by claimants that this written application for leave to present a late claim is made within one year from the accrual from any potential cause of action against your entity. The reasons for delay in presenting the claim are as follows: 1 . The nature of the injuries sustained, namely lung damage and the emotional distress subsequent to the injury, were slow to be perceived by the claimants. 2. Claimants were told by representatives of the City of San Pablo that a private individual, namely Mr. Myovich, was responsible for any injuries that the claimants may have suffered by reason of the dangerous and substandard condition of the premises and grounds surrounding the premises. 3. Claimants have since attempted to locate Mr. Myovich without success. 4. Claimants have been preoccupied with attempts to relocate and obtain the means for their existence and livelihood,and to obtain treatment for their injuries, and should be excused for failure to present claims in a timely fashion. 5. Claimants were under the impression that they had one year from the date of the injury in which to present a claim against persons or entities responsible for their injuries, and had no knowledge of the one hundred (100) day claim requirement applicable to a public entity until they retained the Law Office of D. G. JASON DAVIS on March 27, 1986. It was at that time that claimants discovered that they may have claims against the public entities as well as Mr. Myovich. 6. The minor claimant, Victorio Jimenez, was a minor throughout the entire 100 day claim presentation period. For these reasons, the claimants respectfully request leave to present a late claim. Very truly yours, LAW OFFICE OF D. G. JASON DAVIS MICHAEL DEVIN MD;nl Enclosures NOTICE OF CLAIM AGAINST THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA CLAIMANTS Tammy S. Long and her minor child Victorio Jimenez ADDRESS OF CLAIMANTS 1420 - 23rd Street, San Pablo NOTICES TO : Law Office of D. G. Jason Davis 405 14th Street, Suite 1510, Oakland, CA 94612 DATE OF OCCURRENCE : Unknown, beginning in July 1985 and continuing through December 23 , 1985 PLACE OF OCCURRENCE : Various units at a ten-unit complex, including 2371 and/or 2375 San Pablo Dam Road, San Pablo, CA FACTS OF OCCURRENCE : At all times referenced herein, claimants were tenants of and occupied one or more of the units at the address referenced above and all said units were known to the entities to present dangerous and substandard housing conditions. Said entities either had or assumed the responsibility for protecting tenants from health hazards and physical injuries caused by the condition of the premises and grounds surrounding the units, for correcting the dangerous and substandard conditions on and around the premises, and for relocating the tenants from the premises. Despite this, claimants were forced to live in substandard and dangerous housing conditions at the above address for several months because said entities failed to protect tenants (claimants) from health hazards and physical injuries or to correct said dangerous and substandard conditions or to relocate the claimants. Claimants, by such failure, were forced to breathe dangerous fumes and noxious or toxic vapors from fire damage, refuse, garbage, and chemical contamination and suffered lung damage and other injuries and damages. Claimants were told by representatives of the City of San Pablo that a private individual was responsible, and have only discovered that the above-named entities may be responsible within the last 100 days. NATURE AND EXTENT OF INJURIES Special Damages - Unknown at this time, medical expenses, future medical expenses, diminished earning capacity General Damages - lung damage, pain and suffering, mental distress AMOUNT OF CLAIM Tammy S. Long . . $200 ,000 Victorio Jimenez. . $2001000 CLAIM DATED: June 2, 1986 N,ICf: =� LAW OFFICE OF D. G. JASON DAVIS FM&NCIAL CENTER BLDG. 405 141h STREET, SUITE 1510 OAKLAND, CA 94612 D. G. JASON DAVIS ATTORNEY AT LAW MICHAEL DEVIN TELEPHONE ATTORNEY AT LAW June 2, 1986 (415) 632.7000 Housing Authority of the County of Contra Costa P.O. Box 2396 Martinez, California 94553 Re: Application to Present Late Claim Our Clients/Claimants: Tammy S. Long and Victorio Jimenez Gentlepersons: This letter is sent pursuant to Government Code Section 911.4 and constitutes written application to present late claims on behalf of the persons referenced above. Copies of the proposed claim are attached. It is believed that the claims of our clients accrued sometime after a fire which occurred on or about June 4, 1986, at property located at 2371-2375 San Pablo Dam Road, in the City of San Pablo. This fire caused damage to the structure, and thereafter, by reason of neglect and said damage, refuse, garbage and chemical contamination all combined to cause harmful fumes, noxious and/or toxic vapors to be released in and around the premises . By breathing these fumes, claimants developed lung infections and other health problems over the next several months. It is believed that the property was owned at the time of the fire by a Mr . Myovich . Sometime after the fire, the REDEVELOPMENT AGENCY OF THE CITY OF SAN PABLO acquired the property. On July 2, 1985, the City sent a notice to Tammy S. Long that they had purchased the property and that title had not yet vested in the agency. Thereafter, the County of Contra Costa through the Housing Authority of the County of Contra Costa made some efforts to relocate the claimants by providing housing assistance payments. The nature and extent of liability, if any, on the part of the County and the Housing Authority is unknown at this time. The City of San Pablo, through the REDEVELOPMENT AGENCY, also was actively participating in placing the claimants in replacement housing. Yet no efforts were made to clean the premises or render them safe, or otherwise protect claimants from the harmful fumes and noxious and/or toxic vapors. It is believed by claimants that this written application for leave to present a late claim is made within one year from the accrual from any potential cause of action against your entity. The reasons for delay in presenting the claim are as follows: 1 . The nature of the injuries sustained, namely lung damage and the emotional distress subsequent to the injury, were slow to be perceived by the claimants. 2. Claimants were told by representatives of the City of San Pablo that a private individual, namely Mr. Myovich, was responsible for any injuries that the claimants may have suffered by reason of the dangerous and substandard condition of the premises and grounds surrounding the premises. 3. Claimants have since attempted to locate Mr. Myovich without success. 4. Claimants have been preoccupied with attempts to relocate and obtain the means for their existence and livelihood,and to obtain treatment for their injuries, and should be excused for failure to present claims in a timely fashion. 5. Claimants were under the impression that they had one year from the date of the injury in which to present a claim against persons or entities responsible for their injuries, and had no knowledge of the one hundred (100) day claim requirement applicable to a public entity until they retained the Law Office of D. G. JASON DAVIS on March 27, 1986. It was at that time that claimants discovered that they may have claims against the public entities as well as Mr. Myovich. 6. The minor claimant, Victorio Jimenez, was a minor throughout the entire 100 day claim presentation period. For these reasons, the claimants respectfully request leave to present a late claim. Very truly yours, LAW OFFICE OF D. G. JASON DAVIS MICHAEL DEVIN MD;nl Enclosures a NOTICE OF CLAIM AGAINST THE • HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA CLAIMANTS Tammy S. Long and her -minor child Victorio Jimenez ADDRESS OF CLAIMANTS 1420 - 23rd Street, San Pablo NOTICES TO : Law Office of D. G. Jason Davis 405 14th Street, Suite 1510, Oakland, CA 94612 DATE OF OCCURRENCE : Unknown, beginning in July 1985 and continuing through December 23, 1985 PLACE OF OCCURRENCE : Various units at a ten-unit complex, including 2371 and/or 2375 San Pablo Dam Road, San Pablo, CA FACTS OF OCCURRENCE : At all times referenced herein, claimants were tenants of and occupied one or more of the units at the address referenced above and all said units were known to the entities to present dangerous and substandard housing conditions. Said entities either had or assumed the responsibility for protecting tenants from health hazards and physical injuries caused by the condition . of the premises and grounds surrounding the units, for correcting the dangerous and substandard conditions on and around the premises, and for relocating the tenants from the premises. Despite this, claimants were forced to live in substandard and dangerous housing conditions at the above address for several months because said entities failed to protect tenants (claimants) from health hazards and physical injuries or to correct said dangerous and substandard conditions or to relocate the claimants. Claimants, by such failure , were forced to breathe dangerous fumes and noxious or toxic vapors from fire damage, refuse, garbage, and chemical contamination and suffered lung damage and other injuries and damages. Claimants were told by representatives of the City of San Pablo that a private individual was responsible, and have only discovered that the above-named entities may be responsible within the last 100 days. NATURE AND EXTENT OF INJURIES Special Damages - Unknown at this time, medical expenses, future medical expenses, diminished earning capacity General Damages - lung damage, pain and suffering, mental distress AMOUNT OF CLAIM . Tammy S. Long. . $200, 000 Victorio Jim�enez. . $200,000 CLAIM DATED: June 2, 1986 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AND AS THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF BOARD ACTION Ap$ff9MoPLSoTk911WX Claim ) NOTICE TO APPLICANT June 24, 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: Tammy S . Long & Victorio Jimenez COUflty CWlDSP,1 Attorney: Michael Devin D. G. Jason Davis law office JUN 0 51986 Address: 405 14th St. , Ste. 1510 Oakland, CA 94612 Transmittals Amount: Please refer to last By delivery to Clerk on June 5 , 1986 page . Date Received: June 5, 1986 By mail, postmarked on June 3 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Applica on to FileL to Claim. DATED: June 5 , 1986 PHIL BATCHELOR, Clerk, By Deputy Cathy wles II. FROM: County Counsel TO: C1 of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (�) The Board should deny this Application to File Late Claim (Section 911.6). DA /t-F -VICTOR WESTMAN, County Counsel, B c .�� uty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (x) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: JUN 2 4 1986 PHIL BATCHELOR, Clerk, By � � Deputy WARNING (Gov. Code §911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorne u should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: JUN 3 01986 PHIL BATCHELOR, Clerk, By n �.� Deputy V. FROM: 1 County Counsel (25 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM HOUSING AUTHORITY �= ` of the COUNTY OF CONTRA COSTA 3133 Estudillo Street P.O. Box 2396 • Martinez, California 94553 county counsp1 'Central Administration June 3, 1986 (415)3720791 JUN 0 41986 ❑ Construction 8 Engineering (415)372-7308 .�s7 ❑ Fiscal Accig. d Financial Services (415)3728134 Housing Operations (415)3727400 Clerk of the Board of Supervisors New Development Contra Costa County (415)3720796 651 Pine Street i_i Special Projects (4151 3720796 Martinez CA 94553 Housing Offices Re: Application to Present Late Claim and F� ac An°och.`CA94'(39 Notice of Claim Against the Housing Authority (415)754.2565 Tammy S. Long and Victorio Jimenez ❑ 801 "J"Street Antioch.CA 945`9 (415)757-2925 2425 Bisso Ln..Sw:e 225 Attached are the original and two copies of an Application to Concord, CA 94520 Present Late Claim and a Notice of Claim Against the Housing (415)687.8791 Authority of the County of Contra Costa filed by the Law Office of ❑ 3133 Estudillo Street D. G. Jason Davis, on behalf of Tammy S. Long and her minor child P.O. Box 2396 Martinez.CA 94553 Victorio. Jimenez. (415)3728621 ❑ 1601 N.Jade Street Also attached is the June 2, 1986 letter from Mr. Michael Devin of (415)2328492 CA 94802 the Law Office of D. G. Jason Davis requesting that a filed and ❑ 4th a Rosemary Lt. endorsed copy be returned in the self-addressed stamped envelope Oakley, CA 94551 provided. (415)6252245 ❑ 875ElPueblo Aver�e We have notified your previous insurance carrier of this claim and a Pittsburg,CA 94565 (415)432-3523 copy of our letter to them is attached. ❑ 2 California Street Rodeo.CA 94572 This claim was received by Certified Mail at 9:50 a.m., June 3, (415)799-4476 1986. Will you please notify us when this claim is calendered for ❑ 52 Pueblo Avenue the Board of Supervisors/Commissioners. West Pittsburg. 35565 (415)458-3202 Sincerely, Perfecto Villarreal RECEIVED Executive Director � Pv:jt JUN 5 lt6 PHIL a. cMELOA LEAN Ano UPEAVISOAS Attachments TnA TACO. O L !U cc: Mr. Terry McGraw, Deputy Administrator / Mr, Victor J. Westman, County Counsel HOUSING AUTHORITY of the COUNTY OF CONTRA COSTA 3133 Estudillo Street • P,O. Box 2396 • Martinez, California 94553 Central Administration June 3, 1986 (415)372-0791 ❑ Construction 8 Engineering (415)372.7308 Fiscal Accig. 8 Financial Services (415)3728134 Housing Operations (415)3727400 Ms Maureen Beshears New Development James G. Parker Insurance Associates (415)372.0796 5150 North Sixth, Suite 124 (—i Special7s (475)372-0-0796 � Fresno California 93710 96 Housing Offices 2102 Buchanan Rcad Antioch. CA 94509 Subject: Claim Against the Housing Authority (415)75°-2565 Fremont Insurance Company 801 "J'- Street General Liability Policy No. GLA 0005549 Antioch. CA 94509 (415)757-2925 �l 2425 e;sso Ln.. Suite 225 Dear Maureen: Concord,CA 94520 (415)687.8791 On Tuesday, June 3, 1986 we received the attached Claim Against the 7 3133 Estudillo Street Housing Authority of the County of Contra Costa and Application to P.O. Box 2Present a Late Claim. Both instruments have been forwarded to the Martinez,CAA 9455° (415)372-8621 Board of Supervisors/Commissioners and will be routinely denied 1601 N.Jade Stree: within the next four weeks. No.Richmond. CA 94802 (415)232-8892 F-1 4th a Rosemary L,. From the dates alleged in the claim, the Housing Authority of the Oakley, CA 94561 County of Contra Costa was apparently insured by Fremont Indemnity (415)625.2245 Company at the time the alleged injuries were suffered by Tammy S. ❑ 875ElPueblo Ave^ue Long and her minor child, Victorio Jimenez. Pittsburg,CA 94565 (415)432.3523 ❑ 2Caiifornia Street Would you please forward this information to Fremont Indemnity Rodeo. CA 94572 Company so that they will be informed of the exi stance of this claim (415)799.4476 in a timely manner. 52 Pueblo Avenue West Pittsburg, CA 94565 (415)458.3202 Sincerely, Perfecto Villarreal Executive Director PV:jt Attachment LAW OFFICE OF I D. G. JASON DAVIS FINANCIAL CENTER BLDG. 405 141h STREET, SUITE 1510 OAKLAND, CA 94612 D. G. JASON DAVIS ATTORNEY AT LAW MICHAEL DEVIN TELEPHONE ATTORNEY AT LAW (415)832-7000 June 2, 1986 Certified Number: P 725 020 616 Housing, Authority of Contra Costa County P.O. Box 2396 Martinez , California 94553 Re: A--plication to Present Late Claim Our Clients/Claimants: Tammy S . Long and Victorio Jimenez Gentlenerson: Enclosed please find one original and two copies of the Application to Present a Late Claim and Notice of Claim Against the Housing Authority of the County of Contra Costa forms properly signed and completed. Please file and return the endorsed, file copy in the self- addressed, stamped envelope provided. Thank you for your cooperation and attention to this matter. Very truly yours , LAW OFFICE OF D. G. JASON DAVIS f By MICHAEL DEVIN MD;nl Enclosures LAW OFFICE OF D. G. rASON DAVIS FINANCIAL CENTER SLOG, 405 141h STREET, SUITE 1510 OAKLAND, CA 94612 D. G. JASON DAVIS ATTORNEY AT LAW MICHAEL DEVIN TELEPHONE ATTORNEY AT LAW June 2, 1986 (415) S32-7000 Housing Authority of the County of Contra Costa P.O. Box 2396 Martinez, California 94553 Re: Application to Present Late Claim Our Clients/Claimants: Tammy S. Long and Victorio Jimenez Gentlepersons: This letter is sent pursuant to Government Code Section 911.4 and constitutes written application to present late claims on behalf of the persons referenced above. Copies of the proposed claim . are attached. It is believed that the claims of our clients accrued sometime after a fire which occurred on or about June 4, 1986, at property located at 2371-2375 San Pablo Dam Road, in the City of San Pablo. This fire caused damage to the structure, and thereafter, by reason of neglect and said damage , refuse, garbage and chemical contamination all combined to cause harmful fumes, noxious and/or toxic vapors to be released in and around the premises . By breathing these fumes, claimants developed lung infections and other health problems over the next several months. It is believed that the property was owned at the time of the fire by a Mr . Myovich . Sometime after the fire , the REDEVELOPMENT AGENCY OF THE CITY OF SAN PABLO acquired the property. On July 2, 1985, the City sent a notice to Tammy S. Long that they had purchased the property and that title had not yet vested in the agency. Thereafter, the County of Contra Costa through the Housing Authority of the County of Contra Costa made some efforts to relocate the claimants by providing housing assistance payments. The nature and extent of liability, if any, on the part of the County and the Housing Authority is unknown at this time. The City of San Pablo, through the REDEVELOPMENT AGENCY, also was actively participating in placing the claimants in replacement housing. Yet no efforts were made to clean the premises or render them safe, or otherwise protect claimants from the harmful fumes and noxious and/or toxic vapors. It is believed by claimants that this written application for leave to present a late claim is made within one year from the accrual from any potential cause of action against your entity. The reasons for delay in presenting the claim are as follows : 1 . The nature of the injuries sustained, namely lung damage and the emotional distress subsequent to the injury, were slow to be perceived by the claimants. 2. Claimants were told by representatives of the City of San Pablo that a private individual, namely Mr . Myovich, was responsible for any injuries that the claimants may have suffered by reason of the dangerous and substandard condition of the premises and grounds surrounding the premises . 3. Claimants have since attempted to locate Mr. Myovich without success. 4. Claimants have been preoccupied with attempts to relocate and obtain the means for their existence and livelihood,and to obtain treatment for their injuries, and should be excused for failure to present claims in a timely fashion. 5. Claimants were under the impression that they had one year from the date of the injury in which to present a claim against persons or entities responsible for their injuries, and had no knowledge of the one hundred (100) day claim requirement applicable to a public entity until they retained the Law Office of D. G. JASON DAVIS on March 27, 1986. It was at that time that claimants discovered that they may have claims against the public entities as well as Mr . Myovich. 6. The minor claimant, Victorio Jimenez, was a minor throughout the entire 100 day claim presentation period. For these reasons, the claimants respectfully request leave to present a late claim. Very truly yours, LAW OFFICE OF D. G. JASON DAVIS MICHAEL DEVIN MD;nl Enclosures NOTICE OF CLAIM AGAINST THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA CLAIMANTS Tammy S. Long and her minor child Victorio Jimenez ADDRESS OF CLAIMANTS 1420 - 23rd Street, San Pablo NOTICES TO : Law Office of D. G. Jason Davis 405 14th Street, Suite 1510 , Oakland, CA 94612 DATE OF OCCURRENCE : Unknown, beginning in July 1985 and continuing through December 23, 1985 PLACE OF OCCURRENCE : Various units at a ten-unit complex, including 2371 and/or 2375 San Pablo Dam Road, San Pablo, CA FACTS OF OCCURRENCE : At all times referenced herein, claimants were tenants of and occupied one or more of the units at the address referenced above and all said units were known to the entities to present dangerous and substandard housing conditions. Said entities either had or assumed the responsibility for protecting tenants from health hazards and physical injuries caused by the condition of the premises and grounds surrounding the units, for correcting the dangerous and substandard conditions on and around the premises, and for relocating the tenants from the premises . Despite this, claimants were forced to live in substandard and dangerous housing conditions at the above address for several months because said entities failed to protect tenants (claimants) from health hazards and physical injuries or to correct said dangerous and substandard conditions or to relocate the claimants . Claimants, by such failure, were forced to breathe dangerous fumes and noxious or toxic vapors from fire damage, refuse, garbage, and chemical contamination and suffered lung damage and other injuries and damages . Claimants. were told by representatives of the City of San Pablo that a private individual was responsible , and have only discovered that the above-named entities may be responsible within the last 100 days. NATURE AND EXTENT OF INJURIES Special Damages - Unknown at this time, medical expenses, future medical expenses , diminished earning capacity General Damages - lung damage , pain and suffering, mental distress AMOUNT OF CLAIM Tammy S. Long. . $200 , 000 Victorio Jimenez . . $200 , 000 I CLAIM DATED: June 2 , 1986 4 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT June 24, 1986 Against 'the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: D'Wakija Rehche Massinnissa III CountyCounsel Attorney: John Dioguardi JUN 1 2 1986 2001 Salvio St . , Ste. 13 Address: Concord, CA 94520 aamnaGAGM Hand delivered Amount: Unspecified By delivery to Clerk on June 11 , 1986 Date Received: June 11, 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Appli ion to File L to Claim. DATED: June 11 , 1986 PHIL BATCHELOR, Clerk, By Deputy les II. FROM: County Counsel TO: C f the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (�) The Board should deny this Application to File Late Claim (Section 911.6). DATED CTOR WESTMAN, County Counsel, Bjt,��iuty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). ( This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: JUN 2 4 1986 PHIL BATCHELOR, Clerk, By )'l/� Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attormey,attorney, u should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. 1/ DATED: JUN 1986 PHIL BATCHELOR, Clerk, ByDeputy V. FROM: 1 County Counsel 2 County Administrator . TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM BEFORE THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA In the Matter of the Claim of D'WAKIJA RECHE MASSINNISSA III APPLICATION FOR LEAVE against, TO FILE LATE CLAIM CONTRA COSTA COUNTY HEALTH CENTER TO: BOARD OF SUPERVISORS, CONTRA COSTA COUNTY: 1 . Application is hereby made for leave to present a late claim under Section 911 .4 of the Government Code. The claim is founded on a cause of action for medical malpractice which accrued on or during the Summer of 1985, and for which a claim was not timely presented. For additional circumstances relating to the cause of .-_ action, reference is made to the proposed claim attached hereto as Exhibit A and made a part hereof. 2 . The reason for the delay in presenting this claim is surprise and inadvertence as further set forth in my declaration attached hereto. In essence, during the Spring and Summer of 1985, I received treatment at the Contra Costa County Health Center. Their diagnosis was that I suffered from AIDS and had a short period to live before my death. However, I did not die and was discharged from the Center during the July-August, 1985, period. I was told to "go home" and to wait for death in more comfortable surroundings. In January, 1986, I went to San Francisco General Hospital for further testing and treatment for the disgnosed condition of AIDS. On or about February 14, 1986, I was informed by SF General Staff that I did not suffer from AIDS and that I instead suffered from a probable kidney problem. In essence, February 14, 1986, was the first date that I learned of the incorrect diagnosis of AIDS and further learned that I would not die from the AIDS condition. WHEREFORE, it is respectuflly requested that this application be granted and that the attached claim be received and acted upon in accordance with Sections 912.4-912. 8 of the Government Code. June 6, 1986 �C RECEIVED D' KI A OEHCHE MASSINNISSA III JUN 0 1085 3 •a.o PHIL GATCkiEL �� D CO C VISORS 9 . .. ... ... .......... BEFORE THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA In the Matter of the Claim of D'WAKIJA RECHE MASSINNISSA III DECLARATION OF CLAIMANT against, IN SUPPORT OF APPLICATION TO FILE LATE CLAIM CONTRA COSTA COUNTY HEALTH CENTER I, D'WAKIJA RECHE MASSINNISSA III, declare: 1 . I am a resident of the County of Contra Costa, reside at 1475 St. James Parkway, Concord, CA. , and I am the claimant herein: 2. That during the Spring-Summer of 1985, I was a patient at the Contra Costa County Health Center. I was diagnosed as suffering from AIDS and was told that I had but a short time left to live. However, my condition did not get worse and I was discharged from the Health Center and told to rest at home. I was specifically told that there was little more that could be done for my condition, and that by returning home I would be in more comfortable surroundings to face my death. 3. By late 1985, I was getting no worse and in early 1986, I went to San Francisco General Hospital for further examination and testing. In mid-February (approximately February 14, 1986) I was told by the staff of SF General that I did not suffer from AIDS but that I did have a small blood disorder which may be related to a kidney problem. This was the first time that I learned that I did not suffer from AIDS and further that I was not about to die. 4. Subsequently, I give little thought to the previous medical treatment at the Contra Costa Health Center. I simply wanted to forget the experience and I waited almost 100 days before contacting an attorney in the very late afternoon of May 21 , 1986, to determining whether I might have a valid claim for medical malpractice. I was informed that it was necessary to first file a "claim" which I did on May 22, 1986. I declare under the penalty of perjury of the laws of the State of California that I have read and understand this declaration and that the matters contained therein are true. Executed at Concord, California, on June 6, 1986 bf ' D 'WAKIJ IiREHCHE MASSINNISSA III •J : CLAIM AGAINST CONTRA COSTA COUNTY IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 910 ET SEQ. NAME AND ADDRESS OF CLAIMANT: D'Wakija Rehche Massinnissa III, c/o John Dioguardi, Esq. , 2001 Salvio Street, Suite 13, Concord, California 94520 (telephone; 415-682-9102) ; ADDRESS TO WHICH CLAIMANT DESIRES NOTICES TO BE SENT: c/o John Dioguardi, Esq. , 2001 Salvio Street, Suite 13, Concord, California 94520; DATE, TIME, AND PLACE OF OCCURRENCE OR INCIDENT: Contra Costa County Medical Center (Hospital) during 1985, (approx. May-June time frame) ; NAME(S) OF EMPLOYEE(S) CAUSING THE INJURY, LOSS, OR DAMAGE, IF KNOWN: Unknown medical personnel; AMOUNT CLAIMED AS OF DATE OF PRESENTATION OF CLAIM AND THE ESTIMATED AMOUNT OF FUTURE CLAIM, IF KNOWN: $500, 000; DESCRIPTION OF OCCURRENCE OF INCIDENT AND ANY INJURY, LOSS, OR DAMAGE INCURRED: Negligent diagnosis of AIDS disease and prognosis of death. I understand that, by furnishing this claim, Contra Costa County is not acknowledging any responsibility for payment of my claim. May 20, 1986 'WAKIJA kEH E MASSINNISSA III Rk1� .EIS MAY 2�71988 10 '•a S PHIL 6 TC ELOR LER ARD UPERVISOR$ TRA TACO.