HomeMy WebLinkAboutMINUTES - 07151986 - 1.21 ��i2�LNDED
CLA3X
BARD OF sQmnsoR.S or 03M COSTA COMM, CALIPMIA
»ARD ACTION
Claim Against the County, or District ) NOTICE 70 CLAIMANT July 15, 1986
governed by the Hoard of Supervisors, ) The copy of this ARZmailed to you Is yow
Routing gt•;dorwments, and Hoard ) notice of the action taken an your claim by the
Action. All section references are ) Hoard of Supervisor's (Paragraph We below),
to California Government Codes ) given pursuant to Goverment Code Section 913
and 915.4. Pisan note all wWar Ogs*.
Claimant: MINNIE MOORE olinty Course!
Attorney: JUN 2 3 1986
Address: 5225 McBryde #5 , Richmond, CA 94805 From CC MBrb� CA-*553
Amount: $1 , 000, 000. 00 By delivery to clerk on 6-18-86
Date Received: 6-18-86 By mall,, postmarked on 6-16-86
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: 6-20-86 PHIL BATCHELOR, Clerk, By Deputy
Hall
II. FROM: County Counsel T0: Clerk of Hoard 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: Deputy County Counsel
III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
( This claim"is rejected in. full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
Dated: PHIL BATOMOR, Clerk, ByA11 , Deputy Clerk
WART M (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6) months from the date of this
notice was personally served or deposited in the mail to file a court action on this
Claim. See Goverment Code section 945.6.
You Cay 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) 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 for leave o ent a late claim was mailed
DATED: 5� 181986 PHIL BATCHIIAR, Clerk, By , Deputy Clerk
t '
e
VICTOR J. WESTMAN
CONTRA COSTA COUNTY COUNSEL
TO P.O. BOX 69, CO. ADMIN. BLDG.. '
Cathy Knowles }
Clerk of the Board of Supervisors MARTINEZ, GA 94558
DATI =� SUBJECT /e&'�—'
The attached% (amende claim (s) were/was s n d; P _t1v
to our office. Please process and return to us_
Thank you. LU - s6AJ, 2
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Vicki J. Finucane
• J
County counsel
AN 1 71986
June 16, 1986 fieT
Board of Supervisors of Contra Costa County
651 Pine Street , #106
Martinez , California 94553
RE: CLAIM SUBMITTED JUNE 14 , 1986
To whom this may concern:
On June 14, 1986, I mailed you a claim to file against
Contra Costa County' s District Attorney' s Office. I
made a mistake on the date of loss.
Please withdraw claim of June 14 , 1986, and file claim of
June 16, 1986 .
I would appreciate it immensely, if you would send me a
copy of the corrected version of claim of June 16 , 1986,
forthwith.
Respectfully,
Minnie oore
r
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CO§ Q91P;Vapp;ication to:
Instructions to ClaimantC!erk of the Board
Martinez,Caiitomia 94553
.. A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than-one year after the accrual of the cause
of action. (Sec. 911.2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez , California 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
or this form.
RE: Claim by ).ReservFRE ' 'n stamps
Minnie Moore ) EIVED
5225 McBryde #5, Richmond )
Against the COUNTY OF CONTRA COSTA) I9ZYATCHELCM .or DISTRICT) RD OF SUPE vISORsIU CISTFill in name ) YDeft�
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 1, 000. 000. 00
and in support of this claim represents as follows:
------------------------------------------------------------------- ----
l. When did the damage or injury occur? (Give exact date and hour]
June 12 , 1986
�. W�iere aid the damage or injury occur? (Include city and county)
Richmond, California, Contra Costa County 's
(.District Attorney ' s Office
-'r-------T----------------------------------------- --••-T -------••------
3. How did the damage or injury occur? (Give full details, use extra
sheets if required)
My 1986 Cadillac was stolen by Latrise Moore and Charlette Jackson-
Ward on March�y,p86 along with $500. 00 and 3 Mink::coats and 2
mink flingsp On eb. 111 1986 Georganna Williams and James Williams
took my color tv. , clothing, jewelery,. and other personal belongings.
4. What particular act or omission on the part of county or district
officers , servants or employees caused the injury or damage?
On March 12, 1986 Sargent Ron Stewart informed me Deputy
District Attorney Robert J. Kochly refust to file charges against
Latrise Moore and Chatlette Jackson-Ward, and obtain search warrent
to recover color tv. , and other personal beloongings from
Georganna Williams and James Williams. Robert Kochly has (over)
violated my Constitutional Rights.
L
• 'S. What are the names of county or district officers, servants or"
employees, causing the damage or injury?
Robert J. Kochly
6. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
Approximately $25, 000. 00 for cost of furs and personal belongings
-- - -----------------------------------------------------------
--H- --
7. ow--was----the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
From the cost of my furs and personal belongings
-------------------------------------------------------------------------
6. Names and addresses of witnesses, doctors and hospitals.
Will produce at hearing
-r- �-- ------- ----------- -- - ------- -- ----- - -
9.- List the expenditureis you made on account of this accident or injury:
f :DATE : i y ITEM AMOUNT
Fars bought at various times and personal belongings
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 Q
�aimantSignature
5225 D4cBryde #5
Address
Richmond, Calif. 94805
Telephone No. Telephone No.
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer, or to any county, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. "
r .CLAIM TO: BOARD OF SUPERVISORS OF CONTRA C(* rro9WXapplicationto:
Instructions to ClaimantC!erk of the Board
Martinez,Califomia 94553
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911.2, Govt. Code)
B. Claims must be filed with -the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez, California 94553.
C. If claim is against a district governed .by the Board of Supervisors,
rather than the County, -the name of 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
obis form.
RE: Claim by )Reser ' 'ng stamps
Minnie Moore i RECEIVED
5225 McBryde #5, Richmond, 94805)
Against the COUNTY OF CONTRA COSTA) JUN IG 198r,
PHIL BATCHELOR
or District Attorney OffiDISTRICT) R� "q�°cis; ERVISORS
-(Fillin name ) Br ... 72. Omly
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ i . 000_ ono_ on
and in support of this claim represents as follows:
------------------------------------------------------------------- ----
1. When did the damage or injury occur? (Give exact date and hour]
June 12 , 1986
�. -W�iere did the damage or in3ury occur? (Include city and county)
Richmond, California Contra Costa
-T-------------------------
---------------
317-AK
------------------- - ----T ------------3. How did the damage or injury occur? (Give lull details, use extra
sheets if required)
My 1986 Cadillac was stolen Feb. 1 , 1986 along with $500. 00 and 3
mink coats. Georganna Williams and James Williams has my color
Tv. and clothes and refuse to give them to me.
Also taken were 2 Mink Flings and matching hats on Feb 1,1986.
-----------
---------------------------------------------------T---------
4. What particular act or omission on the part of county or district
officers , servants or employees caused the injury or damage?
Deputy District Attorney Robert J. Kochly refuse to press charges
against Latrise Moore and Charltee Jackson-Ward for stealing my car
Money and furs, and refuse to get search warrent to recover my
personal belongs from Williams.
Robert J. Kochly has violated my Constitutional Rights (over)
•5. What are the names of county or district officers, servants or'
employees 'causing the damage or injury?
Robert J. Kochly
- :-t--T-------------T------------- --------------------
------------------6: What damage or injuries do you claim resulted? ZGive full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
Approximately $25 ,000. 00 for furs, and clothing, etc.
-7-.--H--ow--w--a-s---------------------
theamount claimed ab--ove--comp-ut-ed-----n---ud-e-the-e--ti-m-a--t-e-d---
amount of any prospective injury or damage. )
From the cost of my furs and my personal belongings
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
Will provide at hearing
-------------.---.--- ------------------------------------------------z=---
9. List the expenditures you made on account of this accident or 1n3ury:
,DATE ITEM AMOUNT
Fu4s bought a various ;times, as well as personal belongings
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person gn his behalf. "
Name and Address of Attorney
61 0
aimant s Signature
5225 Mc ryde #5
Address
Ri c-hmond Calif- 94805
Telephone No. 'telephone No.
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer, or to any county, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. "
CLAIM
BOARD OF SOPERVI90RS OF CONTRA OOSTA OOMM, CALIFORNIA
BOARD ACTION
Claim Against the County, or bistrict ) NMCE 70 CLUKANT July 15 , 19-86
governed by the Board of Supervisors,) The copy of a t mailed to you is your
Routing Endorsements, and Board ) notice of the action taken on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all Warnings".
Claimant: GALE LOE
Attorney:
Address: P.O. Box 418
Amount: Concord, CA 94522 By delivery to clerk on 6-23-86
See attached letter
Date Received: June 23 , 1986 By mail, postmarked on 6-22-86
I. FROM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim.
Dated: 6-24-86 PHIL BATCMDR, Clerk, By Deputy
L. Hall
II. FROM: County Counsel 70: Clerk of the Board of Supervisors
(Check only one)
( ) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
If
Dated: By: Deputy County Counsel
III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
( ) This claim is rejected in full.
(�) Ot er•
I certify that this is a true and cbrrect copyo . th Ld's Order entered in its
minaties: 8flr_this date.
Dated: J U L 15 e PHIL BATCHELOR,, Clerk, By � , Deputy Clerk
WARNING (Gov. Code Section 913)
Subject to oertain exceptions, you have only six (6)wmonths 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 oornection 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 Boards
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 warningofclaimant's right to apply for leave to ent a late claim was mailed
toA
L 1nat.DATID: $ �q�_PHIL BATaiEWR, Clerk, By • 7�f , Deputy Clerk
cc: County Administrator .(2) County Counsel (1)
I
M a rot
mr
VICTOR J. WESTMAN
CONTRA COSTA COUNTY COUNSEL
TO P.O. Box 89. Co. AoMIN. BLDG..
Cathy Knowles MARTINCZ• CA 94558
Clerk of the Board of Supervisors
/ I
DATE � 4_ & SUBJECT
The attached ' amended claim(s) were/was sent d; rpnfly
to our office. Please processr /and,retur/�n ,�to .us_
Thank you. tt
M'M
44 CL N R SUP RVISORL
NT O.
Vicki J. Finucane
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•CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Instructions to Claimant
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911. 2 , Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106,. County Administration Building, 651 Pine
Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, CA) .
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity.
s
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
of this form.
RE: Claim by ) Reserved for Clerl s i 'ng stamps
(��Le A IAI ,� OE' )
)
RECEIVED
Against the COUNTY OF CONTRA COSTA) JUN l3 1925
or DISTRICT) a►,�Le TCMELOH
(Fill in name) ) EaK TAA TA co '�
e .
The undersigned claimant hereby makes claim against the oun y tra
Costa or the above-named District in the sum of $ a4w~41 Atr%-44!t �
and in support of this claim represents as follows :
------------------------------------------------------------------------
d
1. When did the amage or injury occur? (Give exact date and hour)
T3EG���t1��lG a 3 �,4►� �9$� 140p Co�1T/A/a1vG 7-a �DA7-67-
------------------------------------------------------------------------
2. Where did the damage or injury occur? (Include city and county)
L�A�D BT��. pLfJCES,
3 u je )ed ��? T/�1ez C4, CVX� L1,&_57PA_
----------------------------=-------------------------------------------
3. How did the damage or injury occur? (Give full details, use extra -
sheets if required)
veegou y_ /AJ WPIN16 ` 13y lAf�)� �rDA-) 01% Mss ,
7"W 41-2 D:�xM,u -1Z. 14
------------------------------------------------------------------------
4 . What particular act or omission on the part of county or district
officers , servants or employees caused the injury or damage?
�1SC21a(►lt1AT1��, $�,t'/,/AL �F1i60G�s - �/ ID� C AVP 07Vl
(over)
}
,5. What are the names of county or district officers, servants .Vr.;
I employees causing the damage or injury?
T �eN/��/l - D• AW AMCR
- -- - - ----------------
--------------------------------------
6-.--Wh-at-damage-------or--injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
S'T�P�SS � ,STieAiN1� �if�f/sc,/��f�G'iCi�-C� �/LCo?�olrlA-L. /
I Pss����P�►�u�t 1V1� D�ie --------
-- -- -- -- ---- ----- ------------------ ---------
7. Ho was theramount claimed above computed?
Include the estimated
How p
amount of any prospective injury or damage. )
u Nell fL&-)0 PT- 7l Wl e -
---------------=---------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
NOT �70 7 tf ( 77µ4L
-------------------------------------------------------------------------
9 . List the expenditures you made on account of this accident or injury:
(r'''•' DATE , ITEM AMOUNT
T
JV 07 ,�tlA-1 47 AL.r
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 A .t eq
vClai ant' s i na re
CB �� /� 6 /�
Address
icv,P_6 � ��sz Z C.Q 9' Sa
Telephone No. Telephone No. 17 A
611c) IR6
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. "
' 3
CONTRA COSTA COUNTY
TO Gale Loe DATE June 9 , J_936
FROM Administrator' s SUBJECT Claim Forms .
Oftice
Enclosed are the forms requested on
this date. Please return your completed
claim to the office of the Clerk of the
Boardof Supervisors for processing.
SIGNED ,OIL -
PLEASE REPLY HERE,
TO-!� 2 DATE /0
I •
SIGNED
INSTRUCTIONS-FILL!N TOP PORTION.REMOVE DUPLICATE YELLOW'AND FOR\"APD RE"GAINING
PAP.-S WITH CAPFONS. TO REPLY. riLL IN LOWER PORTION AND SNAP OUT CARBONS P.EIA!N
TRiPbCATE:PINK-AND RETURN ORIGINAL.
t IAMEPD MTV
WARD OF SUMVISMS GF COM CMA CMM CALII_UNIA
WAAD ACTION
Claim Against the County, or bistrict ) WMICE TO CLADI RT July 15 , 1986
governed by the Board of Supervisors, ) The copy WWs t M1119d to yvu is your
Routing Endorsements, and Board ) notice of the action taken on your olalm by the
Action. All Section referenoes are ) Dowd of Supervisors (Paragraph IY, below).
to California Government Codes ) given pursuant to Government Code 9ection 913
and 915.4. Please trate all wdArninda".
Claimant: ROBEP.T G. BIESECKER
COU*cOUt1SB,
Attorney:
JUN 2 41986
Address: P.0. Box 418
Concord, CA 94522 aAsrtinps CA 4455:
Amount: By delivery to clerk on 6-23-86 transmittal
See attached letter
Date Received: June 23 , 1986 By mail, postmarked on 6-22-86
I. : Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim.
Dated:
6-24-86 PHIL BATCMDR, Clerk, By DQp Y
I. : County Counsel 70: Clerk o of Supervisors
(Check only one)
This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send Warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
Dated: By. Deputy County 56Wel
III. : Clerk of the Board T0: (1) CvUnty Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. DDARD ORDER By unanimous vote of Supervisors present.
( ) This claim -is rejected in full.
00 : 0041
17
I certify that this is a truce and correct copy of the Board's Order entered in its
cinµ�s f r s date.
Dated: JUL 1 1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk
WARNM (Gov. Code section 903)
Subject to owUln szoeptions, 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 oosuneetion with this
matter. If you want to consult an attorney, you should do so immediately.
V. FRLPi: Mark 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 claimantfs right to apply for leave to Present a late claim was mailed
DATED:' NMN86 PHIL BATCMDR, Clerk, By , Deputy Clerk
Oc: Countv Administrator (2) County Counsel (1)
VICTOR J. WESTMAN
CONTRA COSTA COUNTY COUNSEL
P.O. Box 69, CO. ADMIN. BLDG..
TO Cathy Knowles MARTINEz, CA 94553
Clerk of the Board of Supervisors
I
DATE �✓ SUBJECT
The attached_ amended claim(s) were/was sent dirPetlW
to our office. Please process
r /and
,return to us_
Thank you.
./V J
C� K
TA SUS RVcop ly
ISOIIS
NO
Vicki J. Finucane
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couna cow PA) '`�Ca 9�saz
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v� JU4l ;: 81986 �/ai/�.G
T Gl�.eo�+n
�CEIVED
JuiJ c231936
ICOELOR
Ile
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�,, �¢•ac�'� "��� s' .s/DBS
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'CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Instructions to Claimant
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911. 2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106 , County Administration Building, 651 Pine
Street, Martinez , CA 94553 (or mail to P.O. Bax 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 f-T, riprkin filing stamps
e, -6�rx/E r3iE--w`x6-,e � RECEIVED
Against the COUNTY OF CONTRA COSTA)
JUN 131966
PHIL T ELOR
or DISTRICT) CLER TR c SUPER ops
Fill in name) ) .. ....... ...
The undersigned claimant hereby makes claim against tdLdcounty of Contra
Costa or the above-named District in the sum of $.1j1)MV&ZZ)AJ /11-
�NiS Tt��F
and in support of this claim represents as follows:
--. When-------=did the------------damage---or----in----ury---occur?-------(Give--=----exact-----date------and---hour---)-----
1j
&5;7/A J►� D3 IPS J W6 f9"-6 Co tri' /u fG
2. Where did the damage or injury occur? (Include city and county)
6 `��!!ip 1YIA�¢r�tkz C�1 �s3, loll LOST410 6%h-W lt7r,
3. How did the damage or injury occur? (Give full details, use extra
sheets if required)
T
------------------------------------------------------------------------
4. What particular act or omission on the part of county or district
officers , servants or employees caused the injury or damage?
�LSC�/N�t/NAT/b� . 4 4 45e s -irr�n•r•�c .Srs�rus�
AVA OV&S.
(over)
s
What are the names of county or district officers , serya ts--pr...
a employees causing the damage or injury? );
�cll, GT�E�2s
- -- - - ----------------
--------------------------------------
6-.--Wh-at-damage-------or--injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
CRe v iQ as f(5,e oO7- Alia e*o cx�9 L .��.�i- j!5 Je7i c v A ,Treoss_ �.Qi.V
S ct FieR��c/6 - �WRM�!VOV,' "nwooa le,A1,6- 077we. !.IUR U �,•��1 s .
-------------------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
-------------------------------------------------------------------------
9. �"T;ist'the experx3itures you made on account of this accident or injury.
I . DATE t ITEM AMOUNT
�r�r vHr l � F tO7
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 P
��
' /
Claimant' s Signature
tf AIWAJOl / /ct1,I ��Nl�' Address,
616��",6
Telephone No. Telephone No.
************************************************** ** * ******************
NOTICE
Section 72 of the Penal Code provides :
"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer , or to any county, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. "
oun Counsel
JUN ! 71986 CL"
�ccZBOARD OF SUPERVISORS OF � TY
CMA COUN , C IMUNIA
��j�Z. PERBOARD ACTION
Claim Against the County, or bletriet ) NOMCE TO CLADUM July 15 , .lM6
governed by the Hoard of Supervisors, ) The copy a t mailed to you Is your
Routing Endorsements, and Board ) notice of the action taken on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all wWarninga*.
Claimant: WILLIAM DEURL00
Attorney:
Address: 4709 Meadowbrook Drive
Hand delivered
Amont: Richmond, CA 94803 By delivery to clerk on June 16, 1986
$62. 00
Date Received: June 16 , 1986 BY mail, postmarked on.
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: June 17 , 1986 PHIL BATCHELOR, Clerk, By A&Aok 01 It Al ° I Deputy
Cervel1i
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
(]Q 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: rL By: " c- .C,C putt County Counsel
III. FROM: Clerk of the Board TO:
(1) CouAity Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911-3).-
IV.
11.3).IV. BOARD ORDER By unanimous vote of Supervisors present
(Q This claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its
mi tei for this date. 01
Dated: J 1986 PHIL BATCHELOR, Clerk, By d E� , Deputy Clerk
YARN M (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6) months from the date of this
botioe was personally served or deposited in the mail to file a court action on this
claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this .
matter. If you want to consult an attorney, you should do so immediately.
V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator
Attached are copies of the above claim. We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a memo thereof has been filed
and endorsed on the Board's copy of this Claim in accordance with Section 29703.
( ) A warning of claimant's right to apply for leave to present a late claim was mailed
to DATED: JUL 1 �' 986 PHIL BATCHELOR, Clerk, By � , Deputy Clerk
DO: County Administrator (2) County Counsel (1)
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA C0W;_,L6r QW6ppiication to:
Instructions to ClaimantCierk of the Board
f .O.Box 911
Martinez,Catifomia 94553
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Zlaims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911.2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez, California 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the Distript should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity. _
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
o his form.
RE: Claim by )Reserved for Clerk's filing stamps
.9 1S
' RECEIVED.
Against . the COUNTY OF CONTRA COSTA)
JUN Al
or DISTRICT) NIL 1A Nhn
C 1111k OAII
-7= in name
�r
The undersigned claimant hereby makes claim against the Coun y Contra
Costa or the above-named District in the sum of $
and in support of this claim represents as follows:
------------------ r------------------------=-------------- ----
�. When did the damage or injury occur? (Give exact date and hour]
�. W�iere �i� tie damage or injury occur? (Include city and county)
3. How did the damage or injury occur? use extra .
sheets if required)
LCC r
b J T
--------------------------------T--------- -----------------••-T---T-----
4. What particular act or omission on t art of county or district
officers , servants or employees caused the injury or damage?
D (over)
54 ' What are the names of county or district officers, servants or
employees causing the damage or injury?
--------- --------- 'T--T----�--------T--------- -- -.. -
11 e--- URE------nt----
6. What damage or �n�uzies do you claim resulte�3 ZG�ve x
of injuries of damages claimed. - Attach two estimates lor auto
damage)
�J
7. How was the amount claimed-above computed? (Include the estimated
amount of any prospective injury or damage. )
--------------------------------------------=----------------------------
B. Names and addresses of witnesses, doctors and hospitals.
�. Llst7the7expenditures you made .on account of this accident or injury:
, DATE . , : ; ITEM AMOUNT
67 1J
f49-M CO
RR#R#RRR*#R#RR*�R##.RR*RRR** ��#.t�t#RRR#RRR#RRR###Rt#R# RR!#R*RRRRRR*#RRR
Govt. Code Sec. 910.2 provides:
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on hir. behalf. "
Name and Address of Attorney
laimant s Signature
Z. D0 Add
00
Telephone No. Telephone No. oe
##RRlRRRRRRR#RRR##R#RR#RR#RR##R####RR##RR##RRRRRRRR#RRRRRRR#RR#RRR#RRRRR##
WOTICE
Section 72 of the Penal Code provides:
"Zvery 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. "
Comb
JUN 86
BOARD SOPFAVISORS OF COffff CDSTA MMM CALpmWA
Ment m BOARD ACTION
Claim Against the County, or bistrict ) WMCE TO CLUB NT July 15 , 298-6
governed by the Board of Supervisors, ) The oopy o a t mailed to you is your
Routing Fndorsementa, and Board ) mtioe of the action taken cc 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: LEIGH FORSBERG, M.D. , AND NANCY FORSBERG
Attorney: Maria J. Giardina
Morgan, Miller & Blair
Address: 1901 Harrison Street, Ste. 900
Amort. Oakland, CA 94612 delivery to clerk on By
Indemnity-undetermined �7
Date Received: June 16 , 1986
ByCmalT1,P 9 6Csd OTl Tt n_�_1 1 9 R h
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: June 17 , 1986 PHIL BATCHELOR, Clerk, By ° Deputy
Arih Cervelli
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
( This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to c®ply substantially With Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send Warning of claimants right to apply for leave to present a late
Claim (Section 911.3).
( ) Other:
Dated; c, - 7 By: ) _ �l�l�' Deputy County Counsel
o�
III. F*OM: Clerk of the Board TO: (1) d6unty 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: J1JJ 15 PHIL BATCF OR, Clerk, By Deputy Clerk
WAMMO (Gov. Code Section 913)
Subject to oertain exceptions, you have only six (6) months from the date of this
notice was personally served or deposited in the mail to file a court action on this
Claim. See Goverment Code Section 945.6.
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 10i (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 topresent a late claim was mailed
to claimant.
DATED:_ JUL I ��� PHIL BATOO-DR, Clerk, By , Deputy Clerk
CC: County Administrator (2) County Counsel (1)
h
i
TO: THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY-
RE:
OU Y-
RE: Claim b RECEIVED
Y
LEIGH FORSBERG, M.D. , . and JUN l6 19L',
NANCY FORSBERG
rM L BATCHELOR
K BO NI OF SUPERVi$pgg
Against the COUNTY OF CONTRA COSTA. sy C0 +ucO ,►
otoury
The undersigned claimants hereby make claim against the County of
Contra Costa and the above-named Districts for indemnity in sums
unknown at this time and in support of this claim represent as
follows :
1 . Nature of Claim. .
This claim for indemnity arises out of the Cross-Complaint
served upon LEIGH FORSBERG, M.D. and NANCY FORSBERG April 18 ,
1986 by PIERCE McKEE and ROSINA McKEE. Said Cross-Complaint is
filed in the Superior Court of California, County of Contra
Costa, Action No. 256866 .
The McKEE cross-complaint involves .the landslide which
occurred on or about March 2 , 1983 in the area of Charles Hill
Circle and Charles Hill Road, Orinda, County of, Contra Costa,
California. Said cross-complaint seeks indemnity from the
FORSBERGS for any liability incurred by the McKEES with respect
to the claims of PAMELA and MICHAEL FLETCHER arising out of the
subject landslide and reported to the County of Contra Costa by
claim served on April 23 , 1986 .
2 . Nature and Extent of Damage .
The amount of money the McKEES seek to recover against the
FORSBERGS is presently undetermined.
3 . Acts or Omissions on the Part of the County, District,
Officers , Servants or Employees Giving Rise to the Instant
Claim for Indemnity.
The storm drainage facilities and public streets surrounding
cross-complainants ' property, and the property of LEIGH FORSBERG,
M.D. and NANCY FORSBERG, were designed, constructed, maintained,
and within the dominion and control of the County .of Contra Costa
at all relevant times . The land movement which occurred on or
about March 2 , 1983 , was proximately caused by the failure of the
County of Contra Costa, its agents and employees , to properly
design, maintain, construct, or service said streets and storm
drainage facilities. In addition, the County of Contra Costa
continues to' fail to properly maintain and service said streets
and storm drainage facilities and has failed to take necessary
steps to prevent further landslide and property damage.
The names of the public employees responsible for said-
design, construction and maintenance are presently unknown, but
are within the knowledge of the County of Contra Costa.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Govt. Code Sec. 910 . 2 provides:
"The claim signed by the claimant
or by some person on his behalf. "
SEND NOTICES TO:
MARIA J. GIARDINA
MORGAN, MILLER & BLAIR
1901 Harrison Street, Ste. 900 MA IA J; GIARDINA for Claimants
Oakland, California 94612 LEIGH F4SBERG, M.D. and NANCY
Telephone: (415) 465-3600 FQRSBERG
24� Charles Hills Road
Or'inda, California 94563
Telephone: (415) 540-0337
(Dr. Forsberg)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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. "
2 .
1 PROOF OF SERVICE BY MAIL
2 I declare that:
3 I am a citizen of the .United States, employed in the
4 County of Alameda, California, over .the age of eighteen years,
5 and not a party to the within cause. My business address is
6 Suite 900, 1901 Harrison Street, Oakland, California 94612. On
7 June 13, 1986 , I served the within Claim against the'
8 County of Contra Costa of Leigh Forsberg, M.D. and Nancy Forsberg
9 on the below-named in said cause, by placing a true copy thereof
10 enclosed in a sealed envelope with postage thereon fully prepaid, in
11 the United States mail at Oakland, California, addressed as follows:
12 THE BOARD OF SUPERVISORS
OF CONTRA COSTA COUNTY
13 651 Pine Street, Suite 106
Martinez, CA 94553
14
15
16
17
18
19
20
21
22 I certify and declare under penalty of perjury that the
23, foregoing is true and correct and that this declaration was executed
24 June 13 , 1986 at Oakland, California.
25
26
MORGAN DEBRA KAY HARRISN .
MILLER Q BLAIR
ATTORNEYS AT LAW
WORLD SAVINGS
CENTER
1901 MAR BISON Sr
SUITE 900 '
OAKLAND. CA
94612 3398
1.1— AwR-a�nn
Icy Nopeal
1UN 1 71986
itJtl& w. 455; BQ& OF SQmYISORS w 03W c=A ann, CALIFO�_IA
BDARD ACTION
Claim Against the County, or District ) NMCS Ta CLADM July 15 , 1986
governed by the Board of Supervisors, ) The copy of We document iM ed to you is your
Routing Endorsements9 and Board ) notioe of the action taken on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph I9, below).
to California Government Codes ) given pursuant to Goverroent Code Section 913
and 915.4. Please note all wNernings".
Claimant: Hilda and Morton Renslo
Attorney: Garry J.D. Hubert
Kincaid, Gianunzio, Caudle & Hubert
Address: P. O. Box 1828
Oakland, CA 94604-0828
Amount: Unspecified By delivery to clerk on
Date Received: June 12 , 1986 By mail, postmarked on June 11 , 1986
Cer.# P 725 025 200
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
LA
Dated: June 13, 1986 PHIL BATCHELOR, Clerk, By LPeputY
y w I es
II. FROM: County Counsel TO: Clerk-of the Board of Supervisors
(Check only one)
( ) This claim complies substantially with Sections 910 and 910.2.
( This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
Dated: ; 9 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. WARD ORDER By unanimous vote of Supervisors present
(�() This claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of thed's Order entered in its
minytcs�gr this date.
Dated: •!U� 0 INS PHIL BATCHELOR, Clerk, By 0�1 , 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 connection with this
matter. If you want to oonsult an attorney, you should do so immediately.
Y. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
Attached are copies of the above claim. We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a memo thereof has been filed
and endorsed on the Board's copy of this Claim in accordance with Section 29703.
( ) A warning of claimant's right to apply for leave to present a late claim was mailed
to
DATED: JU11mart.
81986 PHIL BATQM OR, Clerk, By ( • 1 4"t— ', , Deputy Clerk
00: County Administrator (2) . County Counsel (1)
CLAIM AGAINST CONTRA COSTA COUNTY,
CENTRAL CONTRA COSTA COUNTY SANITARY DISTRICT
TO THE CONTRA COSTA COUNTY, CENTRAL CONTRA
COSTA SANITARY DISTRICT:
Hilda Renslo and Morton Renslo, hereby make this claim
against the above governmental entity for equitable indemnity
and make the following statements in support of said claim.
1 . Claimants are represented by the law firm of Kincaid,
Gianunzio, Caudle & Hubert, attention Garry J. D. Hubert, Esq.
Their mailing address is P. 0. Box 1828 , Oakland, California
94604-0828 . Their telephone number is (415) 465-5212.
2. Within 100 days past a first amended cross-complaint
entitled Fletcher, et al. v. Krell, et al. , bearing Contra
Costa Superior Court Action Number 256866 was served on claim-
ants . A true and correct copy of the first amended cross-
complaint is attached hereto as Exhibit "A" , and by this refer-
ence incorporated herein.
3. The circumstances underlying the first amended cross-
complaint are as follows: On or about March 2 , 1983 a land-
slide occurred which involved the property of the cross-defen-
dants named in the caption of the above mentioned cross-
complaint. See the allegations of said first amended cross-
complaint for. more details .
4 . Pamela Fletcher and Michael Fletcher, toss-complainants,
seek general and special damages under said first amended cross-
complaint. This claim as to the above mentioned governmental
entity is for equitable indemnity.
DATED: June 11 , 1986
Gar y J. D,. iffuiSePt on Behalf
T of Claimants Hilda Renslo and
�G
'ED Morton Renslo
RE
SUN �a'1986
P81Lah ELOA ERVISOR
ARD OF `
LERKB TRA CO AG
( ,0 IRA
/ 1
1
l `
I H., Sinclair Kerr , Jr.
Karen A. Havilan
2 KAUS & KERR
155 Montgomery Street
3 Suite 800
San Francisco, California 94104
4 Telephone : (415) 9811-7780
5 Attorneys for Defendants and
Cross-Complainants Pamela C.
6 Fletcher and Michael A. Fletcher
SUPERIOR. COURT OF THE STATE OF CALIFORNIA
8 COUNTY OF C014TRA COSTA
9 LEW H. LEE AND PHYLLIS LEE , )
10 )
Plaintiffs , ) NO. 25686E
11 )
VS . ) FIRST AMENDED CROSS-
12 ) COMPLAINT FOR NEGLIGENCE,
BEATRICE KRELL, HARRY KRELL, ) CONTINUING NUISANCE,
13 LARRY ENGEL, et al. , } TRESPASS , FRAUD, INVERSE
CONDEMNATION, INDEMNITY
14 Defendants. ) AND APPORTIONMENT `
15 PAMELA C. FLETCHER AND MICHAEL A. )
FLETCHER, )
16 )
Cross-Complainants, )
17 )
VS . )
18 }
BEATRICE KRELL, ESTATE OF HARRY )
19 KRELL, DECEASED, STEPHANIE F. )
ENGEL", G. LARRY ENGEL, )
20 LEIGH FORSBERG, M. D. , NANCY )
FORSBERG, PIERCE McKEE, ROSINA )
21 McKEE, JAMES TAYLOR," GAIL TAYLOR, )
MORTON RENSLO, HILDA RENSLO, . }
22 LEW H. LEE; PHYLLIS LEE,-
COUNTY
EE,COUNTY OF C014TRA COSTA; CENTRAL )
23 CONTRA COSTA SANITARY DISTRICT, )
ROES 1 through 59 , AND ROE 60 as )
24 ADMINISTRATOR/ADMINISTRATRIX. or )
EXECUTOR/EXECUTRIX OF THE ESTATE )
25 OF HARRY KRELL, )
26 Cross-Defendants . )
jLr.6 ;i
V 1 ;
r ,
, 1
Cross-complainants Pamela C. Fletcher and Michael A.
2 Fletcher, hereinafter alternatively referred to as
3 "cross-complainants" or "Fletchers" , allege as follows :
4 PAR'T'IES
5 1 . Cross-complainants are the owners of and in possession
6 of real property generally described as 29 Charles Hill Circle,,
7 I Orinda , Contra Costa County, State of California. Said real
8
property is improved with a single family dwelling, swimming
9 pool , decks , retaining walls , driveways and other appurtenant
10 structures .
11 2 . Cross-defendants Beatrice Krell and her now-deceased
12 husband, Harry Krell , ( "Krells" ) were the former owners and
13 predecessors in interest of cross-complainants ' real property.
14 described above and, while in possession thereof, caused to be
15 constructed a swimming pool , and decks and earth retaining
16 devices located adjacent to the swimming pool, on the property.
17 The Krells also maintained a septic system on the property.
18 3 . Cross-defendants Stephanie F. Engel and G. Larry Engel
19 ( "Engels") are , and at all times mentioned herein were, the
20 owners of and in possession .of real property generally described
21 as 31 Charles Hill Circle , Orinda , Contra Costa County, State of
22 California . Said real property is improved with a single family
23 dwelling , appurtenant structures , landscaping , septic system and j
24 other improvements .
i
25 4 . Cross-defendants James Taylor and Gail Taylor
26 ("Taylors" ) are , and at all times mentioned herein were , the
-2-
,r
1 owners of and in possession of real property generally described
2 as 27 Charles Hill Circle , Orinda , Contra Costa County, State of
3 California . Said real property is improved with a single family
4 dwelling , appurtenant structures , landscaping, septic system, and
5 other improvements.
6 5. Cross-defendants Pierce McKee and Rosina McKee
7 ("McKees") are , and at all times mentioned herein were, the
8 owners of and in possession of real property generally described
9 as 25 Charles Hill Circle, Orinda, Contra Costa County, State of
10 California , improved with a single family dwelling, appurtenant
11 structures, swimming pool, landscaping , septic system, and other
12 improvements..
13 6 . Cross-defendants Leigh Forsberg, M.D. , and Nancy
14 Forsberg ("Forsbergs" ) are, and at all times mentioned herein
15 were , the owners of and in possession of real property generally
16 described as 24 Charles Hill Road , Orinda , Contra Costa County,
17 State of California, improved with a single family dwelling,
18 appurtenant structures, landscaping and other improvements.
19 7 . Cross-defendants Morton Renslo and Hilda Renslo
20 ("Renslos" ) are , and' at all times mentioned herein were , the
21 owners of and in possession of real property generally described
22 as 33 Charles Hill Circle, Orinda , Contra Costa County State of
23 California , improved with a single family dwelling, septic
24 system, carport, hot tub, and other improvements.
25 B. Cross-defendants and plaintiffs Lew H. Lee and Phyllis i
26 Lee ("Lees" ) are , and at all times mentioned herein were , the
-3-
I owners of and in possession of certain real property located
2 downhill from cross-complainants and generally described as 9
3 Charles Hill Circle, Orinda, Contra Costa County, State of
4 California . The Lees ' property is altered from. its natural
5 condition by improvements, including a single family dwelling,
6 appurtenant structures , a swimming pool, pool house , patios ,
7 retaining walls, drainage system, septic system, driveway and
8 landscaping .
9 9. Cross-defendant County of Contra Costa ("County") is,
10 and at all times mentioned herein was , a county duly organized
11 and existing under the laws of the _State of California.
12 Cross-complainants are informed and believe and thereon allege
13 that cross-defendant Central Contra Costa Sanitary District
14 ("CCCSD" ) is , and at all times mentioned herein was , a utility`
15 district with powers of eminent domain organized and existing
16 under the laws of the State of California.
17 10 . That the true names and capacities of the
18 cross-defendants sued herein as Roes 1 through 60 , inclusive, are
19 unknown to plaintiffs , who therefore sue such defendants by such
20 fictitious names . The true name and capacity of the
21 administrator/administratrix or executor/executrix of the Estate
22 of Harry Krell is unknown to cross-complainants at this time , and
23 cross-complainants therefore sue such defendant as Roe 60.
24 Cross-complainants will seek leave to amend this complaint to
25 state the true names and capacities of Roes 1 through, 60,
26 inclusive , when the same have been fully ascertained.
-4-
I Cross-complainants are informed and believe and thereon allege
2 that each fictitiously named cross-defendant is responsible in
r
3 some manner for the occurrences herein alleged and that
4 I cross-complainants ' injuries and damages, as herein alleged were
5 proximately caused by cross-defendants ' acts or failure to act.
6 Cross-complainants are further informed and believe that Roes 1
7 I through 5 , inclusive , are contractors and engineers who designed
8 I and constructed the swimming pool and retaining walls adjacent to
I
9 the pool on the property at 29 Charles Hill Circle at the time it
10 was owned by the Krells. Cross-complainants further are informed
and believe that Roes 6 through 10 inclusive are contractors
11 g '
12 and engineers who designed and installed the modifications to the
13 septic system located on the property at 29 Charles Hill Circle.
f.
14 11. At all times mentioned herein, each of the defendants
15 was the agent and employee of each of their co-defendants, and in
16 doing the things herein mentioned was acting in the scope of
17 their authority as agents and employees , and with the permission
18 and consent of their co-defendants .
19
20 FIRST CAUSE OF ACTION
21 (Negligence)
(Against Cross-Defendants Renslos, Engels , Krells
22 Forsbergs , McKees , Taylors , and Roes 1
through 40 , inclusive)
23
12 . Cross-complainants reallege paragraphs 1 through 11 ,
24
inclusive, and incorporate those paragraphs as though set forth
25
in full in this cause of action .
26
-5-
1 13 . Cross-complainants are informed and believe and thereon
2 allege that prior to March 2 , 1983 , cross-defendants Krells, and
3 Roes 1 through 10 , and each of them, altered the natural
4 condition of the property located at 29 Charles Hill Circle , by
5 cutting , grading , and excavating said real property, by
6 compacting fill on the property , by designing , constructing and
maintaining a pool , terraced landscaping , retaining walls , and
8 other improvements on said real property , by modifying , altering
9 and maintaining the septic system located on the property, and by
10 otherwise altering the property.
11 14 ; Cross-complainants are informed and believe and thereon
12 allege that prior to March 2 , 1983 , cross-defendants Engels and -
13 Roes 11 through 15 , and each of them, altered the natural
14 condition of the property located at 31 Charles Hill Circle by
15 cutting, grading and excavating said real property, by improperly
16 constructing and/or improperly maintaining improvements on said
17 real property , including but not limited to a septic system,
18 septic tanks , and leach fields , and by otherwise altering the
19 property.
20 15 . Cross-complainants are informed and .believe and thereon
21 allege that prior to March 2 , 1983 , cross-defendants ,Renslos and
22 - Roes 16 through 20 , and each of them, altered the natural
23 condition of the property located at 33 Charles Hill Circle by
24 cutting , . grading and excavating said real property, by
25 constructing and maintaining improvements on said real property ,
26 including but not limited to a septic system and leach fields,
-6-
1 carport and hot tub, and by otherwise altering the property.
2 16. Cross-complainants are informed and believe and thereon
3 allege that, prior to March 2 , 1.983 , cross-defendants Forsbergs
4 and Roes 21 through 25 , and each of them, improperly constructed
5 and maintained a drainage ditch on their property which altered
6 the natural watercourse and channeled water into the canyon below
7 cross-complainants ' property.
8 17. Cross-complainants. are informed and believe and thereon
9 allege that prior to March 2 , 1983 , cross-defendants Taylors and
10 Roes 26 through 30, and each of them, altered the natural
11 condition of the property located at 27 Charles Hill Circle by
12 improperly constructing, installing and/or maintaining
13 improvements on said real property, including but not limited to
14 a septic system and leach fields , and by otherwise altering said
15 property.
16 18 . Cross-complainants are informed and believe and thereon
17 allege that prior to March 2, 1983 cross-defendants McKees and
18 Roes 31 through 35 , and each of them, improperly maintained their
19 swimming pool by allowing water collected in the pool to drain
?0 into the canyon below their property. Cross-complainants further
21 are informed and believe and thereon allege that cross-defendants
22 _ McKees and Roes 31 through 35 , and each of them, improperly
23 installed and maintained the septic system and leach fields i
I
24 located on their property.
25 19. Cross-complainants are informed and believe and thereon i
26 allege that cross-defendants, in doing the activities alleged
i
-7-
1 above, failed to act as reasonable persons would under the same
2 or 'similar circumstances. As a result of cross-defendants '
3 negligence, which includes but is not limited to, improperly
4 grading and compacting fill , improper installation and negligent
5 maintenance of septic systems and leach fields , improper design,
6 construction and maintenance of swimming pools, landscaping,
7 retaining walls, room additions, and other improvements, the
8 unnatural collecting and channeling o'f subsurface waters, and
9 diversion of surface waters, dangerous conditions were created on
10 the properties at 25 , 27 , 29 , 31 and 33 Charles Hill Circle and
11 at 24 Charles Hill Road.
12 20 . On or about rlarch 2, 1983, after heavy rains, a sudden
13 and major landslide occurred. Cross-complainants are informed
14 and believe and thereon allege that the slide originated in part
15 on the Engels ' property and extended onto and beyond
16 cross-complainants ' property.
17 21 . Cross-complainants are informed and believe and thereon
18 allege that the Krells and Roes 1 through 10, and each of them,
19 negligently cu.t , graded and excavated the property at 29 Charles
20 Hill Circle , negligently compacted fill on that property in
21 connection with the design, construction and maintenance of the
22 pool, terraced landscaping, retaining walls and other
23 improvements, negligently and improperly designed and constructed
24 .the pool, landscaping and retaining walls and negligently
25 maintained, altered and modified the septic system so as to cause
26 an unstable soil mass to exist on cross-complaints ' property.
-8-
l - •
1 22. Cross-complainants are informed and believe and thereon
2 allege that cross-defendants Renslos, Engels , Taylors, McKees ,
3 Forsbergs and Roes 11 through 35 , and each of them, so
4 negligently owned, managed, maintained, improved , designed,
5 I constructed, graded, and drained their respective real property
6 I so as to cause surface waters to be unnaturally diverted into the
7 scarp head of the landslide and waters and other material in
8 septic systems to be unnaturally collected and channeled onto
9 cross-defendants ' real property, contributing to the cause of the
10 landslide and causing the soil mass to fall , subside , slide , move
11 and descend, causing damage to cross-complainants ' property as
12 hereinafter alleged.
13 23. As a proximate result of the landslide caused by
14 cross-defendants ' negligence , cross-complainants sustained
15damages to their property , including but not limited to, loss of
16 personal property , diminution in the fair . market value of
17 cross-complainants ' real property, deprivation of the full use
18 and enjoyment of cross-complainants ' property since March 2,
19 1983 , engineering and other professional fees incurred, and other
20 general damages in an amount unknown at this time but in excess
21 of the jurisdictional amount of this court and to be shown at
22 time of trial .
23 24 . As a further proximate result of the aforementioned
24 negligent conduct of cross-defendants, cross-complainants have
25 suffered anxiety, worry, mental and emotional distress, and other
26 incidental damages and out-of-pocket expenses, all to
-9-
1 dross-complainants ' general damage in an amount to be determined
2 at time of trial .
3
4 SECOND CAUSE OF ACTION
5 (Diversion of Surface Water)
(Against Cross-Defendants Renslos , Engels ,
6 Taylors , Forsbergs , and Roes 11 through 30)
7 25. Cross-complainants reallege paragraphs 1 through 24 ,
8 inclusive, and incorporate each of those paragraphs as though set
9 forth in full in this cause of action.
10 26 . Cross-complainants are informed and believe and thereon
11 allege that cross-defendants, and each of them, negligently
12 owned , managed, maintained, improved, altered, designed ,
13 constructed, graded , and drained their property so as to cause
14 the diversion of surface waters in the area where the landslide
15 occurred, contributing to the cause of the landslide .
16 27 . . As a proximate result of the acts and omissions of
17 cross-defendants , and each of them, cross-complainants have
18 sustained damages in the form of property damage, including but
19 not limited to, loss of personal property, diminution of the fair
20 market value of cross-complainants ' real property, deprivation of
21 the full use and enjoyment of cross-complainants ' real property
22 and improvements since March 2, 1983 , . engineering and other
23 professional fees incurred, and other general damages in an
24 amount unknown at this time but in excess of the jurisdictional
25 amount of this court and to be shown at time of trial.
26 28 . As a further proximate result of cross-defendants'
-10-
1 conduct , cross-complainants have suffered and continue to suffer
2 much worry, anxiety and mental and emotional distress, and have
3 incurred other incidental and out-of-pocket expenses, all to
4 their general damage in an amount to be shown at time of trial.
5
6 THIRD CAUSE OF ACTION
7 (Continuing Nuisance)
(Against Cross-Defendants Renslos , Engels ,
8 and Roes 11 through 20)
9 29. Cross-complainants refer to paragraphs 1 through 28 ,
10 inclusive, and incorporate each of those paragraphs as though set
11 forth in full in this cause of action.
12 30. The aforementioned landslide and soil movement
13 constitute a nuisance within the meaning of Civil Code section
14 3479 in that they interfere with cross-complainants ' comfortable
15 enjoyment of their property.
16 31 . Unless cross-defendants are ordered to stabilize the i
17 hillside and repair the slide , cross-complainants will suffer
18 irreparable injury in that the economic value of their property
19 will be substantially diminished and cross-complainants will be
20 deprived of the comfortable enjoyment .of their property.
i
21 32 . Cross-complainants have no plain , speedy and adequate
22 _ remedy at 1.-iw for the nuisance in that unless cross-defendants
23 are ordered by this Court to repair and stabilize the slide, it
24 will be necessary for cross-complainants to commence many
25 successive actions against cross-defendants,. thus requiring a
26 multiplicity of suits , and cross-complainants will be daily
I
i
i
I
t
1 threatened with further damage to their property from the slide.
2 33 . As a proximate result of this continuing nuisance,
3 cross-complainants have suffered damages to their property,
4 including but not limited to, the damages set forth in paragraph
5 27 and 28 , above.
6 34 . Cross-defendants ' conduct herein was done with a
7 conscious disregard of cross-complainants ' rights and with the
8 intent to vex, injure or annoy cross-complainants so as to
9 constitute oppression , fraud or malice under Civil Code section
10 3294, entitling plaintiffs to punitive damages in an amount
11 appropriate to punish or , set an example of cross-defendants.
12
13 FOURTH CAUSE OF ACTION
14 (Trespass)
(Against Cross-Defendants Engels , Renslos
15 and Roes 11 through 20)
16 35. Cross-complainants reallege paragraphs 1 through 34 ,
17 inclusive , and incorporate those paragraphs as though set forth
18 in full in this cause of action.
19 36. Cross-defendants•' Engels ' improved real property is
20 located adjacent to and up-slope of cross-complainants ' property.
21 Cross-defendants.' Renslos ' improved real property is located
22 adjacent to and up-slope of the Engels ' property.
23 37. Prior to March 2, 1983, waste water and other materials
24 from the Engels ' and Renslos ' septic systems and leach fields
25 were unnaturally collected and channeled onto cross-complainants '
26 property.
-12-
1 3'8 . Cross-defendants Engels , Renslos and Roes 11 through
2 20 , and each of them, without cross-complainants ' permission or
3 consent , wrongfully caused or allowed waste water and other
4 material from their septic system and leach fields to enter onto
5 cross-complainants ' . property, weakening the stability of the- soil
6 and contributing to the cause of the earth movement thereon and
7 proximately causing damage to cross-complainants ' property, as
I
8 hereinafter set forth.
9 39. As a proximate result of cross-defendants ' continuing
10 intrusion and trespass, cross-complainants have suffered damages
11 to their property, including but not limited to, loss of personal
12 property , diminution in the fair market value of
13 cross-complainants ' real property, deprivation of the full use
14 - and enjoyment of cross-complainants ' real property and `
15 improvements since March 2, 1983, engineering and other
16 professional fees incurred, and other general damages in an
17 amount unknown at this time but in excess of the jurisdictional
18 amount of this court and to be shown at time of trial.
19 40 . As a further proximate result of cross-defendants
20 continuing intrusion and trespass , cross-complainants have
. 21 suffered anxiety, worry, mental and emotional distress, and other
22 incidental damages and out-of-pocket expenses, all to their
23 general damage in an amount to be determined at time of trial.
24
25
26 i
.p
I FIFTH CAUSE OF ACTION
2 (Negligence)
(Against Cross-Defendants Renslos , Taylors,
3 McEees , Lees , Engels , and Forsbergs and Roes 11-35)
4
41 . Cross-complainants reallege paragraphs 1 through 40 ,
5 inclusive., and incorporate those paragraphs as though set forth
6 in full in this cause of action.
42 . Cross-complainants are informed and believe and thereon
8 allege that as a result of cross-defendants negligent acts and
9 failures to act as alleged above , a dangerous condition was
10 created on the properties located at 9 , 25 , 27 , 33 and 31 Charles
11 Hill Circle , and at the property located' at 24 Charles Hill Road,
22 to wit, a landslide .
13 43. Said dangerous landslide condition constitutes a threat
14 of imminent peril to cross-complainants ' home and real property.
15 The landslide and slide debris have interfered with and continue
16 to interfere with the natural flow of surface and subsurface
17 waters on said properties, causing those waters to be collected,
18 channeled and mixed with the slide mass, causing further
19 instability and further threatening cross-complainants ' property.
20 Cross-complainants are informed .and believe and thereon allege
21 that on or about March 2 , 1983 cross-defendants had notice of the
22 dangerous condition on their properties and of the threat this
23 condition posed to cross-complainants ' property..
24 44 . By virtue of the existence of the dangerous landslide
25 conditions and cross-defendants ' knowledge of said condition,
26 cross-defendants , and 'each of them, have .a legal obligation and
-14-
1 duty to act as reasonable persons would under the same or similar
2 circumstances in the management and control of their property,
3 including but not limited to, a duty to undertake repairs and/or
4 stop draining water into the canyon , so as to protect
5 cross-complainants ' property from further .damage.'
6 45 . Cross-complainants are informed and believe and thereon
7 I allege that cross-defendants , and each of them, have failed and
8 continue to fail to remedy or repair said dangerous landslide
9 and/or the conditions contributing to the cause of the landslide,
10
either individually or collectively, in order to protect
11 cross-complainants ' property .
12 46 . As a proximate result of cross-defendants ' failure to
13 remedy or repair the dangerous landslide condition, and/or the
14 conditions contributing to the cause of the landslide,
15 cross-complainants have sustained property damage, including but
16 not limited to, loss of personal property , diminution in the fair
17 market value of their real property, engineering and other
18 professional fees incurred, and other general damage in an' amount
19 unknown at this time and in excess of the jurisdictional amount
20 of this court and to be shown at time of trial.
21 47. As a further proximate result of cross-defendants '
22 failure to remedy or repair the dangerous landslide condition,
23 and/or the conditions contributing to the cause of the landslide,
24 cross-complainants have suffered anxiety, worry, mental and
25 emotional distress, .and other incidental damages and
26 out-of-pocket expenses , all to their general damage in an amount
-15-
n
1 to be determined at time of trial.
2
3 SIXTH CAUSE OF ACTION
4 (Fraud - Intentional Concealr;ent)
(Against Cross-Defendants Krells)
5 48 . Cross-complainants reallege paragraphs 1 through 11 ,
6 inclusive, and incorporate each 'of those paragraphs as though set
X
orth in full in this cause of action.
8 49 . On or about September 15 , 1979, the Fletchers purchased
9 the property at 29 Charles Hill Circle from the Krells .
10 50 . In or about 1962 , the Krells caused a swimming pool to
11 be constructed on the property located at 29 Charles Hill Circle,
12 %.;hick at that time was still owned by the Krells . Excavating,
13 grading , and cut-and-fill operations were performed in connection
14
with the construction and installation of the swimming pool.
15 Cross-complainants are informed and believe and thereon allege
16
that the contractors who constructed the swimming pool
17
negligently placed and improperly compacted the pool fill in
18 violation of county grading codes. Cross-complainants are
19
further informed and believe . and thereon allege that the Krells
20
had knowledge of the contractors ' negligence prior to the sale of
21
29 Charles Hill Circle to the Fletchers.
22
51 . As a result of the contractors ' negligent failure to
23
properly place , compact , and key-and-bench the fill supporting
24
the pool in accordance with county ordinances , a dangerous
25
condition was created, materially affecting the value of the
26
-] 6-
1 ,
1 property. Cross-complainants are informed and believe and
2 thereon allege that at the time the Krells sold the property to
3 cross-complainants, the Krells were aware of the dangerous
4 condition and the problems created.
S
52 . At the time the Fletchers purchased the property at 29
6 Charles Hill Circle from the Krells , the Fletchers had no
7 i knowledge of the dangerous condition caused by the contractors '
i
8 I negligent failure to properly place and compact and key-and-bench
9 the fill in accordance with county ordinances . Cross-defendants ,
10 and each of them, concealed the true facts concerning the
11 stability of the earth supporting the swimming pool from the
12 Fletchers and did so with the intent to deceive the Fletchers and
13 to induce them to purchase the property.
14 53. As a result of the Krells ' non-disclosure and
15 concealment , the Fletchers were induced to purchase the property
16 at 29 Charles Hill Circle and did not take steps to correct the
17 improper placing and compacting of the fill supporting the
18 swimming pool.
19 54 . On or about March 2 , 1985, a landslide occurred. Alan
20 Kropp & Associates , geotechnical experts retained by plaintiff
21 Dr. Lee , concluded in a report - dated April 30 , 1984 that the
22 - landslide was caused in part by the failure of the fill
23 supporting the swimming pool on the Fletchers ' property and that
24 the fill had been improperly placed and compacted in violation of
25 county ordinances .
. 26 55. The Fletchers did not learn of the possibility of the
-17-
1 improper construction and placement of excavated material and
2 fill in connection with construction .of the swimming pool until
3 they . reviewed the Kropp report .
4 56 . As a result of cross-defendants ' concealment, the
5 Fletchers have sustained damages, including but not limited to
6 the damages set forth in paragraphs 27 and 28 , above.
7 . 57. Cross-defendants ' conduct herein was done with a
8 conscious disregard of cross-complainants ' rights and with the
9 intent to vex , injure or annoy cross-complainants so as to
10 constitute oppression, malice or fraud under California Civil
11 Code section 3294 entitling cross-complainants to punitive
12 damages in an amount appropriate to punish or set an example of
13 cross-defendants .
14 `
15 SEVENTH CAUSE OF ACTION
16 (Fraud - Negligent Concealment)
(Against Cross-Defendants Krells)
17
58 . Cross-complainants reallege paragraphs 48 through 55,
18
inclusive , and incorporate those paragraphs as though set forth
19
. in full in this cause of action.
20
59. Cross-defendants , and each of them, negligently failed
21
to disclose to cross-complainants facts materially affecting the
22
- value and desirability of the property when cross-defendants knew
23
or should have known of such facts , and knew or should have known
24
that the facts were unknown to and beyond the reach of
25
cross-complainants , and cross-.defendants did so with the intent
26
i
-18- �
1 to induce cross-complainants to act and fail to act as herein
2 alleged.
3 60. As a result of the negligence of cross-defendants, and
4 each of them, cross-complainants have sustained damages ,
$ including but not limited to., the damages set forth in paragraphs
6 27 and 28 , above.
7 61 . Cross-defendants ' conduct herein was done with a
8 conscious disregard of cross-complainants ' rights and with the
9 intent to vest, injure or annoy cross-complainants so as to
10 constitute oppression , malice or fraud under California Civil
11 Code section 3294 entitling cross-complainants to punitive
12 damages in an amount appropriate to punish or set an example of
13 cross-defendants .
14
EIGHTH CAUSE OF ACTION `
15 (Negligence)
(Against Cross-Defendants Krells and
16 Roes 1 through 10, Inclusive)
17 62. Cross-complainants reallege paragraphs 48 through 55,
18 inclusive , and incorporate those paragraphs as though set forth .
19 in full in this cause of action.
20 63. In or about 1962 , the Krells caused a swimming pool and
21 retaining walls to be constructed on the property located at 29
22 Charles Hill Circle. At a time not known to cross-complainants,
23 the Krells caused modifications to be made to the septic system
24 and retaining. walls located on said property.
25 64 . Crass-complainants are informed and believe and thereon
26 allege that cross-defendants Roes 1 through 5, inclusive, are
-19-
1.•
1 contractors and engineers who, together with the Krells , designed
2 and constructed the swimming pool and adjacent retaining walls
3 at 29 Charles Hill Circle , and performed the excavating, grading
4 and fill operations in connection with said design and
5 construction. Cross-complainants further are informed and
6 believe that Roes 6 through 10 are contractors and engineers who,
7 together with the Krells , maintained, altered and modified the
8 septic system and wooden retaining walls located at 29 Charles
9 Hill Circle.
10 65. Cross-complainants are informed and believe and thereon
11 allege that cross-defendants Krells and Roes 1 through 5, and
12 each of- them, negligently graded and excavated the property,
13 negligently and improperly compacted the fill, negligently failed
14 to key-and-bench the fill supporting the property in accordance
15 with county ordinances , and negligently designed, installed and
'16 constructed the retaining walls adjacent to the pool so as to
17 cause the soil supporting the swimming pool to be unstable and
18 creating a dangerous condition.
19 66 . Cross-complainants are informed and believe and thereon
20 allege that cross-defendants Krells and Roes 6 through 10, and
21 each of them, negligently and improperly maintained , altered and
22 modified the septic system and wooden retaining walls located on
23 the property so as to cause unstable and dangerous soil
I
24 conditions. '
25 67 . Cross-complainants were not aware of the negligence of
condition cross-defendants and of the dangerous 26 g ion created by
-20-
0
1 cross-defendants ' negligence at the time they purchased the
2 property from the Krells and thereafter. Cross-complainants were
3 not aware of cross-defendants ' negligence until they reviewed a
4 report issued by geotechnical consultants employed by plaintiffs
5
to investigate the slide concluded that the fill supporting the
6 swimming pool was improperly placed in violation of county
7 ordinances .
8 68 . As a result of cross-defendants ' negligence ,
9 cross-complainants have suffered damages to their property,
10 including but not limited to loss of personal property,
11 diminution in the fair market value of cross-complainants ' real
12 property, deprivation of the full use and enjoyment of
13 cross-complainants ' real property and improvements since March 2,
14 1983 , engineering and other professional fees incurred, and other
15 general damages in an amount unknown at this t=me but in excess
16 of the jurisdictional amount of this court and to be shown at
17 time of trial
18
19 NINTH CAUSE OF ACTION
20 (Inverse Condemnation)
(Against Cross-Defendants Contra Costa
21 County, Central Contra Costa Sanitary District
and Roes 36-50)
22
69. Cross-complainants reallege paragraphs 1 through 68 ,
23
above , inclusive , and incorporate each of those paragraphs as
24
though set forth in full in this cause of action.
25
70. Cross-complainants are informed and believe and thereon
26
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I allege that cross-defendants County and Roes 36 through 45 , and
2 each of them, participated in the development process of the
3 tract in which cross-complainants ' real property is located and
f
4 I upon which single family dwellings were .ponstructed.
5 Cross-defendants ' participation included requiring the tract
6 developer to dedicate for public use certain storm drain
7 easements- to be used for the construction of facilities for the
8 management of storm waters collected and to be controlled within
9 adjacent public and private property. These facilities include
10 streets , gutters and culverts whereby surface waters were
11 collected and diverted away from the tract in order to benefit
12 the public as a whole . Said participation included the approval
13 and acceptance of the drainage system offered by the tract
14 developer for dedication for public use.
15 71 . Cross-complainants are informed and believe and thereon
16 allege that the County and Roes 36 through 45 , and each of them,
17 have exercised dominion over the streets and storm drainage
18 facilities in the vicinity of the subject real property since the
19 dedication and construction of storm drainage facilities a-nd
20 public streets .
21 72 . Cross-complainants are informed and believe and thereon
22 - allege that cross-defendants CCCSD and Roes 46 through 50 , and
23 each of them, have exercised dominion and control over and
24 maintain easements for its sanitary sewers in the vicinity of the
25 subject real property, with, and adjacent to, storm drainage
26 easements and facilities currently maintained by cross-defendant
-22-
1 County. Cross-complainants are informed and believe and thereon
2 allege that cross-defendants CCCSD and Roes 46 through 50 , and
3 each of them, had a substantial participation in the planning,
4 approving and accepting of , and in the constructing and
5 maintaining of, the sewage systems which service homeowners on
6 lots surrounding Charles Hill Circle . Cross-defendants
7 deliberately designed and constructed such systems, including
8 septic fields bordering the Charles Hill Circle ravine in order
9 to safely remove sewage from the residences and allow it to
10 percolate in the ground to the benefit of the public as a whole.
11 After construction of the sewage systems, cross-defendants
12 continued to maintain dominion and control over said systems and
13 the easements thereto and to manage and maintain said systems and
14 easements.
15 73 . , Cross-complainants are informed and believe and thereon
16 allege that the facilities so dedicated, constructed and
17 maintained and over which the cross-defendant public entities and
18 Roes 36 through 50 have exercised dominion or control have caused
19 a direct and substantial adverse environmental burden upon the
20 subject real property in that cross-complainants ' property was
21 burdened with an increased volume of surface and subsurface
22 waters causing instability of the soil and other adverse effects
23 which cross-complainants have been singled out to suffer.
24 74 . That as a direct and proximate cause thereof,
25 - cross-complainants ' real property has been damaged within three
26 years past , thereby resulting in diminution in value in an amount
-23-
n
1 as yet unascertained to be proven at trial.
2
3 TENTH CAUSE OF ACTION
4 (Full Indemnity)
(Against All Cross-Defepdants)
5 75'. Cross-complainants reallege paragraphs 1 through 74 ,
6 inclusive , and incorporate those paragraphs as though set forth
7
in full in this cause of action.
8
76. Should it be determined that cross-complainants are in
9 any way liable to plaintiffs in this action for the acts
10
complained of in plaintiffs ' complaint, then the liability, if
11
any, of cross-complainants is passive and secondary, and the
12
liability, if any, of cross-defendants is active and primary by
13
reason of their acts and relationship to cross-complainants . By
14 `
reason of the doctrine of full indemnity, cross-complainants
15
under said circumstances are entitled to full and complete
16
indemnity from said cross-defendants for any judgment rendered in
17
favor of plaintiffs against cross-complainants in action no.
18
256866 , or any settlement entered into on behalf of said
19
cross-complainants , including all costs and expenses of suit and
20
reasonable attorneys ' fees.
21
22
ELEVENTH CAUSE OF ACTION
23
(Comparative Equitable Indemnity)
24 (Against all Cross-Defendants)
i
25 77. Cross-complainants hereby refer to and incorporate
26 herein by reference, without admitting any of the allegations
i
I
I
. -24-
I thereof, the Complaint of plaintiffs filed in this matter.
2 78 . Cross-complainants allege that the alleged damages and
3 injuries of plaintiffs , if any there were , were solely and
4 proximately caused by the negligence and.1 intentional conduct
5 of cross-defendants above-named, and each of them, without
6 negligence on the part of cross-complainants.
7 79. Cross-complainants allege that the injuries and damages
8 of plaintiffs , if any there were , were the proximate result of
9 the active and primary fault of the said cross-defendants , and
10 each of them.
11 80. Cross complainants deny that they were negligent,,
12 careless , or in breach of any of their duties towards plaintiffs
13 in any other manner whatsoever at any time mentioned herein, or
14 in the Complaint on file herein. However, a court or jury may
15 find that cross-complainants were , to some degree , .a contributing
16 cause of the plaintiffs ' alleged injuries and damages, if any
17 there are . Cross-complainants are informed and believe and
18 thereon allege that the conduct of all cross-defendants named in
19 this cross-complaint contributed to and was the proximate
20 contributing cause of the plaintiffs ' injuries and damages , if
21 any there are.
22 81 . Cross-complainants are entitled to a declaration by the
23 court determining the percentage or respective degree of
24 comparative negligence of cross-defendants, and each of them, and
25 cross-defendants , and each of them, are obligated to indemnify
26 and hold cross-complainants harmless for the respective portion
-25-
1 of plaintiffs ' damages , if any there are , together with the costs
2 of suit herein, that may be attributable to the comparative
3 negligence of each of the cross-defendants, as set forth in the
4 case of American Motorcycle Assn . v. SuPerior Court (1978) 20
5'
Cal . 3d 578 .
6 82 . Cross-complainants allege that they have retained.
7 attorneys to defend them in plaintiffs ' action and have incurred
8 attorney ' s fees and other defense costs by reason thereof, all to
9 their damage in amounts not yet ascertained. Cross-complainants
10 pray leave to plead the amounts of attorney ' s fees and defense
11 costs when they have been ascertained.
12 WHEREFORE, cross-complainants pray judgment against
13 cross-defendants as follows :
14 On the First, Second , Fourth , Fifth , and Eighth Causes of
15 Action:
16 1. For general and special damages according to proof,
17 including but not limited to, loss of personal property,
18 diminution in the fair market value of cross-complainantsreal
19 property, deprivation of the full use and enjoyment of
20 cross-complainants ' real property since March 2, 1983,
21 engineering and other professional fees incurred, damages for
22 - anxiety, worry, mental and emotional distress , and other
23 incidental damages and out-of-pocket expenses .
24 On the Third Cause of Action:
25 1 . For general damages and special damages according to
26 proof , including but not limited to loss of personal property,
-26-
diminution in the fair market value of cross-complainants ' real
property, deprivation of the full use and enjoyment of
1
cross-complainants ' real property since March 2, 1983 ,
. 2
engineering and other professional fees incurred, damages for
3
anxiety, worry , mental and emotional distress, and other
4
5 incidental damages and out-of-pocket expenses.
6
2 . For preliminary and permanent injunctions enjoining
�
cross-defendants to abate the nuisance, to construct such works
8 and take such other steps as •are necessary to control and
stabilize the condition of their real property, to repair and
9
10 replace cross-complainants ' real property, and to take all
11 I measures necessary to protect against further similar .
12 occurrences , all in a manner consistent with good engineering
13 practices and all at the cost and expense of cross-defendants;
14 3• For punitive or exemplarydamages in an amount
15 appropriate to punish or set an example of defendants.
16 On the Sixth and Seventh Cause of Action:
17 1 . For general and special damages according to proof,
18 including but not limited to loss of personal property,
19 diminution in the fair market value of cross-complainants ' real
20 property, deprivation of the full use and enjoyment of
I
21 cross-complainants ' real property since March 2, 1983 , i
i
22 engineering and other professional fees incurred, damages for
i
23 anxiety, worry, mental and emotional distress, and other
24 incidental damages and out-of-pocket expenses;
25 2. For punitive or exemplary damages in an amount
26
-27-
' 1 appropriate to punish or set an example of cross-defendants.
2 On the Ninth Cause of Action:
3 1 . For the amount of money that will compensate
4 cross-complainants for the taking of their property , the exact
5 amount to be shown at time of trial;
6 2 . For interest on that amount at the legal rate from the.
7 I date of taking and attorneys ' fees , experts ' fees, engineering
8 f fees and other costs as are properly available under Code of
9 ` Civil Procedure section 1036 .
10 On the Tenth Cause of Action:
i
11 1 . For full and complete indemnification by
12 cross-defendants from and against any and all claims, losses ,
i
13 damages , attorneys fees , judgments , and settlement expenses ti
14 incurred by cross-complainants by reason of the complaint of i
15 plaintiff in this action.
16 On the Eleventh Cause of Action :
17 1 . For a declaration by this Court, as to the
18 cross-complainants and each of the cross-defendants, of the
19 percentage of total comparative fault properly allocable to each
20 of them and of the respective degrees and percentages of fault
21 and liability, if any, of cross-complainants and
22 _ cross-defendants .
23 2. For a declaration by this Court that each such party is
24 entitled to a total or partial indemnity from the other parties ,
25 based upon the percentage of comparable fault, upon payment by
26 such party to the plaintiffs of a disproportionate share of the
-28-
1 plaintiffs ' judgment; and that the right of contribution be
2 subordinated to such right of comparative indemnity.
3 On All Causes of Action :
4 1 . For interest on the damages at the legal rate;
5 2 . For costs 'of suit incurred herein;
6 3 .. For reasonable attorneys ' fees;
7 4 . For such other and further relief as the Court deems
8 just and proper.
9
10 DATED:
11 KAUS & KERR
12
13 By ��.. �.�c�,��.• i
H. Sinclair Kerr, r. i
14
hh:t66
15
16
17 ,
I
18 j
19
20
i
21
22
i
23
i
24 I
25
26
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-29-
l
:.: . .. ..:. .. .. _..._.........._... _.. ....,... .. ...... ...
�
CLAN
BOARD OF SMVISMS OF 03M CMA MUIM, CA MMMA
WARD ACTION
Claim Against the County, or District ) HMCE 1b Cj. DUNT July 15 , 1996
governed by the Board of Supervisors, ) The oopy a tsailed to you is your
Routing Endorsements, and Board ) notioe of the action taken an your claim by the
Action. All Section references are ) Board of Supervisoors (Paragraph IV, below),
to California Government Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all *Warnings".
Claimant: MARJORIE A. .(GINGER) .WARD
Attorney:
Ply
Address: #4 Rincon Road, Kensington, CA 94707 J(/ COURSBI
Amount: $52 . 00 By delivery to clerk on 6-18-86 �s� N 2 31986
Date Received: By mail, postmarked en no envelope
I. FROM: Clerk of the Hoar . of Supervisors 70: Canty Counsel
Attached is a copy of the above-noted claim. f
Dated: PML BATORLAR, Clerk, By Deputy
Tal
II. FROM: County Counsel 70: Clerk of the Board of Supervisors
(Check only one)
�() This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
Dated: c. By: Deputy County Counsel
III. FROM: Clerk of the Board TOO (1) c4vmty 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 Hoard's Order entered in its
min f r this date.
Dated: 2 1986 PHIL BATCiMOR, Clerk, By , Deputy Clerk
WARNM (Gov. Code Section 913)
Subject to certain exoeptions, 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 GovW=Wt 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 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 29703•
( ) A warning of claimant's right to apply for leave to ent a late claim was mailed
DATID:to 5WT8 1986 PHIL BATMELOY1, Clerk, By j�la , 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 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 ) Reservedfor Clerk' s filing stamps
MARJORIE A. (GINGER) WARD ) AIL'6:74- �
)
RECEIVED
)
Against the COUNTY OF CONTRA COSTA) JUN if 19815
PHIL BATCHELOR
)
or DISTRICT) RIC BO RcoF ;UPE VISORS
(Fill in name) ) CO qA cOST
By aoub
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 52.00
and in support of this claim represents as follows:
----
------------
--- -------
=----=---------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
May 20, 1986 in the afternoon.
--------------------------------------------------------------
----------
2. Where did the damage or injury occur? (Include city and county)
Room. 414 Courthouse, 725 Court Street, Martinez, CA, Contra Costa County
------------------------------------------------------------------------
3. How did the damage or injury occur? (Give full details, use extra
sheets if required)
Sleeve of blouse caught on nails sticking out of Grand Jury door.
-- --------------- - ----------------------------------------
4 .--What-----particular-- act or—omis----sion on the part of county or district
officers , servants or employees caused the injury or damage?
Nails sticking out of door should not have been there. Subsequently, nails
were. removed and given to Elaine Abbott.
(over)
-5. What are the names of county or district officers,..:servants:,or:=
f employees causing the damage or injury.?
Nc;,ne
6 . What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
see #3
-------------------------------------------------------------------------
7. How was the amount . claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
Cost of replacement of blouse from Added Dimensions in Walnut Creek.
K-- ------- -- --------l--7 ------7— --�------ — ---7 —l---------------Names and addresses of witnesses, doctors and hospitals.
William H. Ross, Foreman of the Grand Jury
161 Parkmead Court, .Walnut Creek, CA 94595
-------------------------------------------------------------------------
9 . -„J.L.i.st...thee.. expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
i {
t f Blouse $ 52.00
4 �
i
...... Govt. Code Sec. 910. 2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf. ”
Name and Address of Attorney
C imant" s Signature
Address
Telephone No. Telephon No.
**************************************************************************
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer, or to any county, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. "
BOARD OF SDP'BRVISORS OF CMTUOOSTA COMM- CALnKFMIA
BOARD ACTION
Claim Against the County, or bistrict ) NOTICE TO CLAIMANT July 15 , 1986
governed by the Board of Supervisors, ) The copy o a t led to you is your
Routing Endorsements, and Board ) notice of the action taken on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant to Goverment Code Section 913
and 915.4. Please note all *iiarni�'" CouncPl
Claimant: ESTATE OF EMERY I . RUDAS
Attorney: JUN 1 71996
Mark A. Homen, Esq.
Law Offices of Edward E. Martins NfAKImCA055
Address: A Professional Corporation
Amount. 22698 Mission Boulevard By delivery to clerk on
Hayward, CA 94541
Date Received P1, 500, 000. 00 By mail, postmarked on June 16 , 1986
June 17 , 1986
I. NW-.-Clerk of the Board .of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim.
.
June 17 1986PHIL BATCHELOR , BY
Cer
Dated: , Clerk Deputy
vell
II. FROM: County Counsel 40: 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: .L.%__� - By. Deputy County Counsel
III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
( ) Claim was returned asuntimely 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:JIJL PHIL BATCHELOR, Clerk, By Gf , Deputy Clerk
WAMMM (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6) months from the date of this
notice was personally served or deposited in the mail to file a court action on this
claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in oommtion with this
matter. If you want to consult an attorney, you should do so immediately.
V. FROM: Clerk of the Board 10: (1) County Counsel, (2) County Administrator
Attached are copies of the above claim. We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a memo thereof has been filed
and endorsed on the Board's copy of this Claim in accordance with Section 29703.
( ) A warning of claimant's right to apply for leave to present a late claim was mailed
to
DATED: JOE� 1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk
cc: . County Administrator (2) County Counsel (1)
. I
' • :�l�,F � ,fix sad�.� � �
TELEPHONE (4161 537-3477 22698 MISSION BOULEVARD
(416) »I-1201
HAYWARD. CALIFORNIA 94541
IN REPLY REFER TO NO.
June 15 , 1986 H80339
Board of Supervisors
651 Pine Street
Martinez , CA 94553
RE : Estate of Emerv .Rudas
Dear Sirs :
Enclosed please find a claim against the
County of Contra Costa with regards to the wrongful
death of Emery Rudas at Merrithew Memorial Hospital
on March 11 , 1986.
Please endorse stamp the copy of the letter
and return it in the envelope provided. Thank you
.for your anticipated prompt attention to this matter.
Very truly yours ,
ED14ARD E. MARTINS
A Professional Corporation
BY: MARK A. HOMEN
MAH/bb
Enclosure
cc : E. Mendelsohn
J. Holmgren
LRE :IVEDy
6)TOISORSCa
w .
v
CLAIM AGAINST THE
COUNTY' OF CONTRA COSTA RECEIVED
CLAIMANT' S NAME : Estate of EMERY I. RUDAS JUN 111986
PHIL AMOUNT OF CLAIM: $1 ,500, 000- 00 BOA SAOF SULPEERVISORS
CON COSTASy ?.I;RK
OsDuty
CLAIMANT' S ADDRESS : N/A
ADDRESS TO WHICH NOTICES ARE TO BE SENT:
Mark A. Homen, Esq.
LAW OFFICES OF EDWARD E. MARTINS
A Professional Corporation
22698 Mission Boulevard
Hayward, CA 94541
(415 )537-3477 or 351-1201
DATE OF ACCIDENT: 3/11/86
LOCATION OF ACCIDENT: Merrithew Memorial Hospital , E Ward
HOW DID ACCIDENT OCCUR:
Decedent slashed wrist with razor blade following
committment to County Hospital "E Ward" under Welfare and
Institutions Code Section 5150 . There was a lack of proper
supervision .
DESCRIBE INJURY OR DAMAGE.: Death caused by laceration of
left radial artery.
NAME OF PUBLIC EMPLOYEE OR EMPLOYEES CAUSING INJURY OR
DAMAGE, IF KNOWN :
Unknown
ITEMIZATION OF CLAIM: (List items totaling amount set forth
above. )
Wrongful death claim on behalf. of estate: $1,500, 000. 00
Signed by or on behalf of claimant: �C
ELIZABETH MENDELSOHN,
Administrator