HomeMy WebLinkAboutMINUTES - 03171987 - 1.9 CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 17 , 1987
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Gpe nmLInintrnd nsell
Amount: $200, 000 . 00 Section 913 and 915.4. Please note all -�llarnings".
CLAIMANT: CHRISTOPHER MILAZZO FEB 1 u 1°87
c/o John A. Pettis & Associates v!�rt;r,c?, CA ),1 .7
ATTORNEY: Professional Law Corporation
P. O. Box 2400 Date received
ADDRESS: Martinez , CA 94553 BY DELIVERY TO CLERK ON February 17 , 1987 CC
BY MAIL POSTMARKED: February 16, 1987
I. FROM: Clerk of the Board of Supervisors T0; County Counsel
Attached is a copy of the above-noted claim.
DATED: February 17 , 1987 PpHHIL BATCHELOR, Clerk
BY: Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(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. The 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: �_�(�- S � BY-7c D puty County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the 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: MAR 17 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court actionon 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.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
MAR 18 1987
Dated: BY: PHIL BATCHELOR by eputy Clerk
CC: County Counsel County 'Administrator %
i
VjF
'J
FEL-3 17 1987
In the MATTER OF THE �.rtir�2�, CA D4550P
Claim of
CHRISTOPHER MILAZZO
CLAIM AGAINST PUBLIC
claimant, ENTITY (Gov't Code
§§ 905, 905. 2, 910 . 21 ) /
against t!
CITTY OF MARTINEZ, COUNTY
OF CONTRA COSTA, STATE D
OF CALIFORNIA,
respondents.
TO THE CITY OF MARTINEZ , COUNTY OF CONTRA COSTA, STATE OF
CALIFORNIA and their ATTORNEYS OF RECORD:
CHRISTOPHER MILAZZO hereby makes claim against the
CITY OF MARTINEZ, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA,
and makes the following statements in support of that claim:
1. Claimant ' s post office address is 5327 Sandhurst
Circle N, Lake Worth, Florida 33463.
2. Notices concerning this claim should be sent
to JOHN A. PETTIS & ASSOCIATES PROFESSIONAL LAW CORPORATION, P.O.
Box 2400 , Martinez, California 94553.
3. The date and place of the occurrence giving
rise to the claim were November 8 , 1986b at the Railroad Tunnel
on the Santa Fe Railroad tracks, 29 feet from the entrace, East
Side, under Highway 4, in the City of Martinez, County of Contra
Costa, State of California.
4 . The circumstances giving rise to this claim are
as follows : claimant was walking through the tunnel when a train
approached and came through the tunnel, striking the claimant.
5. Claimant 's injuries included a broken leg, and
such further injuries and damages, the extent of which are unknown
at this time.
6 . Claimant ' s clam for damages is $200, 000.00.
Dated: February 16, 1987
JOHN A. PETTIS & ASSOCIATES
PROFESSIONAL LAW CORPORATION
BY MICHAEL EDVVAho taunt
Michael Edward Coke
2.
PROOF OF SERVICE BY MAIL
I am a citizen of the United States and employed
in the county of Contra Costa. I am over the age of 18 years,
employed in the county of Contra Costa, and not a party to
the within action. . My business address is 1830 Pacheco Boulevard,
Martinez , CA 94553 . On the date set forth below, I served
the within CLAIM AGAINST PUBLIC ENTITY (4ov't Code §§ 905,
905 . 2 , 910. 21 ) by placing a true copy thereof in an envelope,
sealing, fully prepaying postage thereon and depositing said
envelope in the United States Mail at Martinez, California,
addressed as follows:
Contra Costa County Counsel, 651 Pine Street,
Martinez, Ca 94553
Martinez City Attorney, 525 Henrietta Street,
Martinez, CA 94553.
Department of Justice, Civil Division, Room 6000,
350 McAllister Street , San Francisco, CA 94102
I declare under penalty of perjury that the foregoing
is true and correct.
Executed on February 16, 1987 , 1987, at Martinez,
California..
YCHAININA L EVANS
Yohanna L. Evans
i CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
1:he Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 17, 1987
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $500 . 00 Section 913 and 915.4. Please note all "ftgifi=v'COUrlsel
CLAIMANT: ROBERT HOUSTON FEB 1 u 1987
145 Manor Drive
ATTORNEY: West Pittsburg, CA 94565
n�rlPt Z 0
Date received �rc��� C�•� �•�n I}���.,+.,,
ADDRESS: BY DELIVERY TO CLERK ON February 17 , 1987
BY MAIL POSTMARKED: February 12, 1987
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED. February 17 1987 BHHI:L BATCHELOR, Clerk
epu Y
7�J .
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
�K\) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave toypresent a late claim (Section 911.3).
( ) Other:
Dated: �� � 9 BY: uty County. Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the 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: MAR 17 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or.
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: MAR 18 1987 BY: PHIL BATCHELOR by puty Clerk
CC: County Counsel County Administrator
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COFT_A Vapplicationto:
Instructions to ClaimantC'•erkof the Board
P.O.Box 911
Martinez.Calif omla 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
,pction. 'Claims relating to any other cause of action must be
-,presented not later than one year after the accrual of the cause
of action. (Sec. 911.2, Govt. Code) _
B. Claims must be filed with the Clerk of the Board of Supervisors
: at its office in Room 106, County Administration Building, 651 Pine '':-.
Street, Martinez, California 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the Distript should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity. ,
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end -
of form.
RE: Claim by )Reserved for Clerk's filing stamps
RECEIVED
Against the COUNTY OF CONTRA COSTA) FEBt '1987
or DISTRICT) �r T MtLC)
CLER.'9 AP MtLC).VI 4
(Fillin name ) cP , ..
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 5'00, 00
and in support of this claim represents as follows:
�. When did the damage or injury occur? (Give exact date and hour]
---- ---- T--- --
'�. W�iere did tie damage or injury occur? (Include city and county) - -
3. How did the damage or injury occur? ZGive dull �etai�s, use extra .
sheets if required)
' S01 LT
4. What articular act or omistion on the part - - ---
p p t or distric�
officers, servants or employees caused the injury or damage?
(over)
5. -What are the names of county or district officers, servants or
empioyees causing the damage or injury?
171
6. ge or injuries do you claim resultee?--ZGive full extent
. �Of injuries of damages claimed. Attach two estimates for auto
damage)
', 4
S/b3 r.
7. How was the amount claimed above computed? Include the estima
amount of any prospe. ctive injury or damage.)
Ira
AW
----__���� ------- - ------------------ -- -..ter 1�-=�----
6. Names and addresses of witnesses, doctors and hospitals. .
nE
T_T—_—_
�. List the expenditures you made on account of this accident or sn�ury:
DATE ITEM AMOUNT
###RR###R*RR#RR##RR#####R##R###RRR#R#RR###R*######t##R#t##t#RtR#RRR##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 torney -
QQP�,-�L�, Claimant's Signature
.. -
Addres .. -
Telephone No. S Telephone No. 6 D-�
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."
... .. ..... .: ......._....,,...:.y:'..:h:.:'�'+:ter. • v ..,; .,.- — 1 a.w �Fas. as�s•R.syc41�4�La+.►��GF Y-t4
' CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, .) NOTICE TO CLAIMANT March 17, 1987
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Goverpinent Code
Amount: $692 . 83 Section 913 and 915.4. Please note all "Warn n �Jy COUnse'
CLAIMANT: VERDELL A. BURRELL F 2 6 1987
1301 Kains Ave. Ma
ATTORNEY: Berkeley, CA 9.4702 "Iez, CA 9455,
Date received
ADDRESS: BY DELIVERY TO CLERK ON February 19 , 1987
BY MAIL POSTMARKED: February 18 , 1987
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PPHHIL ATCHELOR, Clerk
DATED: February 23 , 1987 BY: Deputy
L. Hall
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
(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. The 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: /`tet 2Ci,� d Intl 2 BY: c • c Ux-�u-���—J Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the 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: MAR 17 1987 . PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six, (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so. immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now; and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above. �(
P y
Dated: MAR 18 1987 BY: PHIL BATCHELOR by / y/� De ut Clerk
CC: County Counsel County Administrator
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Instructions to Claimant
.A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911. 2 , Govt. Code)
B. Claims must be filed with the Clerk of the 'Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, ,CA) .
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
of this form.
RE: Claim by ) Reserved for Clerk' s filing stamps
,w f(W C. ! G 1 A-
g,a
g,U ; REZCounty
Against the COUNTY OF CONTRA COSTA) FE
or ��,t�X�q �.�-�4 _ DISTRICT)
(Fill in name) ) BThe undersigned claimant hereby makes claim ainst the of Contra
Costa or the above-named District in the sum of $
and in support of this claim represents as follows :
------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour4_1 )
q 3r
2. Where id the damage or injury occur? (Include city and county)3. How did the damage or injury occur? (Give full details, use extra
sheets if required)
-----------------------
4 . What particular act or omis.sion on the part of county or district
officers , servants o gmployee caused the injury or damage?
�, S�K L.r 9s�s,-cJ✓'�' Cf f ✓ E U-�i ri`7 C n t �iH'11�<� G���
(over)
5. What are the names of county or district officers, •ser.vants eczr.
e fo ee causing the damage or injury?
2,4�Ei;Q-----------------------------------------
6. What damage or injuries do you claim resulted? (Give full extent .
of injuries or damages claimed. Attach two estimates for auto
damage)
nn r
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
5---------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
------ - ----
9 . List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
**************************************************************************
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf. "
Name and Address of Attorney
Claimant' s Signature
Address
Telephone No. Telephone No.
**************************************************************************
NOTICE
Section 72 of the Penal Code provides :
"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer , or to any county, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill , account, voucher,
or writing, is guilty of a felony. "
` BONDS BODY SHOPv
1501 Market Ave. San Pablo, CA 94806 Phone 233_1003 ate
"DIMS 7
3 MOD —.moTOR SERIAL
MILEAGE. LICENSE INS.Co ADJUSTER.
Symbol FRONT Labor S Labor Mrs.Parts Symbol Left Labor$Lobor Mrs. Parts Symbol RIGHT Labor$Labor Mrs.Parts
Bumper Hood Side Hood Side
Bumper Brkt. Fender, Frt. 3-D Fender, Frt.
Bumper Gd. t4_ Fender Sl4s } ( 2.bb Fender Shield
Frt. System S•Fender Mldg. Fender Mldg.
F _ _ Headlamp Headlamp
Headlamp Door Headlamp Door
DrEoll 0%82
Sealed Boom Sealed Beam
Cowl Cowl
Z Windshield Windshield
t --m 6co —Door, Front 4.S1 Door, Front
N- Door H-6wQ It S Door Hinge
IME - Door G4— t ;,00 Door Glass
Door Mldg. Door Mldg.
Center Post Center Post
Door Rear Door Rear
Door Glass Door Glass
Door Mldg. Door Mldg.
Rocker Pone; Rocker.Panel
Gravel Shield Rocker Mldg. Rocker Midg.
Pork Light Floor Floor
Rod. Grille, Ctr.
Quar. Panel Ouar. Panel
Grille Mldg. Quar. Midg. Quar. Mldg.
Quar. Glass Quar. Glass
Fender, Rear Fender, Rear
REAR MISC.
Bumper
Bumper Britt.
Lock Plate, Lr. Bumper Gd.
Lock Plate, Up.
Hood Top Lower Panel
Hood Hinge Floor Top
Hood Mldg. Trunk Lid Tire
Rod. Sup. Battery
Rad. Core Tail Light Point
Anti Freese Undercoat
From@
Wheel
RECAPITULATION
Labor Hours `,•2 at 39.D0 $ 5 7 7 Lo
Parts &Material $ 10$.Zo
Sublet b Net Items lam'/Z o TAx _S 7.o3
Other Charles
$
iYM60Li3 N—New A—AII'9n i— ai�~a ON—Owrhavl TOTAL 2
M Repair
r ,
BARRETT'S BODY SHOP
p 304 Grove Avenue
Richmond, California 94801
• Phone: (415) 620-9969
NAME 11XD_DRESS / J DATE l
SLS /,�.� ,�%�[ fib-�9 ��� I —/ 6
MAKE OF CAR YEAR TYPEI LICENSE No. I MILEAGE I MOTOR No. I SERIAL No.
INSURED BY ADJUSTER INSPECTOR PHONE
HOME
BUSINESS
Symbol FRONT Labor HIS. Pasts Symbo LEFT Labor Hrs. Parts]i Symbol RIGHT Labor Hrs. Parts
Bumper I Fender Fanaer
Bumper Rail !— ender Ornarr•ent fender Ornament I
_ 1-- --
Bumper Brkt. Fender Shield _ -_ _ Fender Shield
--- — Fender Mldg_ _I _ Fender.Mldg.
Headlam I Headlamp
_
Bumper Gd. ! P dla
_ _ P _
Fri.System �! Headlamp Door ! Headlamp Door
Frame i Sealed Beam _ _Sealed Beam
—+ --
Cross Member I Cowl I ; _Cowl
Wheel ��—_' Door,Front _ Door, Front
Hub Cap Door Lock Door lock I
Hub&Drum _� �_ Door Hinge Door Hinge i
Knuckle I Door Glass Door Glass
Ky„yFkje Sup. _I__ j Vent Glass _Vent Glass
—Tr. Cont.Arm-Shaft I Door Mldgs. __ _Do_or Mldg. !
License frame-Brkt. Door Handle Door Handle �-
--�--- -
Up.Ccnt.Arm-Shaft ! Center Post _ Center Post j
Shock j Door, Reor � Door,Rear
Windshield i Door Glass I Door Glass
,
I Door Mldg. I Door Mldg.
Tie Rod I Rocker Panel I Rocker Panel
Steering Gear Rocker Mldg. -_ _Rocker Mldg. I
Steering Wheel I Sill Plate --_ _Sill Plate i
Horn Ring i Floor - Floor
Gravel Shield �- Frame _ _Frame
Park.Light Dog Leg I _ Dog Leg I
Grille I uar.Panel Quar, Panel --�
Quar. Mldg. �_ _Quar.Mldg. _� I
Quar. Glass Quar. Glass
- -n
Fender, Rear Fender,Rear
Fender Mldg. Fender Mldg.
j Fender Pad j . Fender Pad
Mirror REAR misc. !
Horn Bumper I Inst. Panel
Baffle,Side Bumper Rail y Front Seat I
Baffle,Lower Bumper Brkt. I Front Seat Adj. I {
Baffle, Upper Bumper Gd. Trim
Lock plate, Lr. Gravel Shield Headlining
Lock Plate, Up. I Lower Panel Top
Hood Top Floor j Tire
Hood Hinge Trunk Lid I Tube !
Hood Mldg. � Trunk Lock Battery I
Hood Letters --_ Trunk Handle �� Paint y 1
Ornament Tail Light �— Undercoat
Rad. Sup. I Tail Pipe Polish
Rad. Core Gas Tank
Radio Antenna__ ! Frame
Rad. Hoses Wheel
Fan Blade _ H_ub& Drum
Fan Belt Bock Up Lite
Water Pump ! Wheel Shield
Motor License Frame-Brkt.
SUMMARY
Labor. a ✓Hrs X01 1L.s���
Parts S-*.< J $ 6 o G
Paint Material
Tax_ --� �'
• Subject--��,G Q.L.�i.•se $ G
A-Align N-New OH-Overhaul S-Straighten or Repair EX-Exchange RC-Rechrome U-Used Deductible $
This estimate is based on lowest possible cost consistent with quality work, and as such, is guaranteed.
Items not covered by this estimate or hidden will be odditionul. TOTAL $ /��(
... AMENDED
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Super0,,ors, Routing Endorsements, ) NOTICE TO CLAIMANT March 17 1987
and Board Action. All Section references are to ) The copy of this document mailed to you is.your ndtice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Unspecified Section 913 and 915.4. Please note all "Warnings".
County Counsel
CLAIMANT: E.R. RICE AND JOANNE RICE
c/o Thomas W. Wolfrum MAR•O 5 1987 -
ATTORNEY: Attorney at Law
1111 Civic Drive, #240 Date received Ma . CA 94553
ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON March 4, N87 hand del.
BY MAIL POSTMARKED: no envelope
1. FROM: Clerk of the Board of Supervisors TO: , County Counsel
Attached is a copy of the above-noted claim.
�bIL gATCHELOR, Clerk
DATED: I•larch 5 , 1987 : Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
V This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15- days (Section 910.8).
( ) Claim is not timely filed. The 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 L7l.0 ty County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: A6O.Ed unanimous vote of the 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: MAR 17 19817
PHIL BATCHELOR, Clerk, By . Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
MAR 18 1987
Dated: BY: PHIL BATCHELOR by ��Deputy Clerk
CC: County Counsel County Administrator
RECEIVED
'/K.
VIAR ,o 1
CLAIM AGAINST CONTRA COSTA COUN �. t
Claim of E. R. Rice
and JOANNE RICE
AMENDED CLAIM
against FOR DAMAGE TO
REAL PROPERTY
CONTRA COSTA COUNTY
TO THE CLERK OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY:
You are hereby notified that E.R. RICE and JOANNE RICE, are
and were owners at all relevant times mentioned herein, of that
certain real property commonly described as 5 Burton Vista Court ,
Lafayette , Contra Costa County, California, and more particularly
described as:
PARCEL ONE:
PARCEL "B" AS SHOWN ON THE MAP FILED
JULY 3, 1978 (MSL 7-77) IN BOOK 67
OF PARCEL MAPS AT PAGE 38 CONTRA
COSTA RECORDS.
RESERVING THEREFROM: AN EASEMENT (NOT TO
BE EXCLUSIVE) AS AN APPURTENANCE TO THE
REMAINING LANDS OF THE GRANTORS, FOR
ROADWAY & PUBLIC UTILITY PURPOSES WITH
ALL NECESSARY APPURTENANCES THERETO,
OVER, UNDER AND ACROSS THAT PORTION- OF
THE PREMISES LYING WITHIN THE STRIP OF
LAND DESIGNATED AS "PROPOSED 25 '
NON EXCLUSIVE EASEMENT" ON SAID MAP.
PARCEL TWO:
AN EASEMENT (NOT TO BE EXCLUSIVE)
AS AN APPURTENANCE TO PARCEL ONE ABOVE,
FOR ROADWAY & PUBLIC UTILITY PURPOSES,
WITH ALL NECESSARY APPURTENANCES THERETO,
OVER, UNDER AND ACROSS THAT PORTION OF
PARCELS A, C & D LYING WITHIN THE STRIP
OF LAND DESIGNATED AS "PROPOSED 25 '
NON-EXCLUSIVE EASEMENT" ON SAID MAP.
ASSESSOR'S PARCEL NO. 236-090-013 ,
1
E.R. RICE and JOANNE RICE, herein identified as "CLAIMANTS' ,
allege and claim:
That CONTRA COSTA COUNTY owns the real property adjacent to
CLAIMANTS ' above identified real property and located between
Saint Mary's Road, in the City of Lafayette, County of Contra
Costa, State of California, and CLAIMANTS ' above identified real
property.
CLAIMANTS' further allege that on or about February 18 ,
1986, on or about January 1987, and continuing to the present,
landslides , sloughing, and/or earth movements occurred and
continue to occur, on CONTRA COSTA COUNTY' S herein identified
real property.
As a direct and proximate result of such landslides ,
sloughing, and/or earth movements herein identified, CONTRA COSTA
COUNTY' S herein described real property failed to laterally
support CLAIMANTS' above identified real property. As a direct
and proximate result of this failure CLAIMANTS have and will
continue to be damaged as claimed herein.
CLAIMANTS further allege the conditions described herein are
a public and private nuisance. The landslides , sloughing, and/or
earth movements described herein occurred, and are occurring, on
a cutslope which CONTRA COSTA COUNTY planned, designed,
constructed, and maintains on its herein identified real
property. This cutslope was constructed and is maintained by
CONTRA COSTA COUNTY for its operation of Saint Mary's Road, a
public street . This cutslope is approximately 40 feet high.
2
ti
Before the landslides, sloughing, and/or earth movements
described herein the inclination of this cutslope was on the
order of 1 . 25 to 1 .5 to 1 horizontal to vertical . The present
inclination of the cutslope where the landslides , sloughing,
and/or earth movements occurred and continue to occur is
approximately 1 to 1 , horizontal to vertical . The landslide has
enlarged to approximately 120 feet wide, 180 feet long, and 10
feet deep. The landslide continues to increase in size and in
January 1987 extended onto CLAIMANT'S above identified real
property.
CLAIMANTS ' further allege that in the planning, designing,
cutting, filling, constructing, and maintaining its above
Identified real property, CONTRA COSTA COUNTY negligently and
unreasonably altered the natural slope existing on its herein
identified real property, negligently and unreasonably creating
on its herein identified real property the high, steep, and
unstable cutslope herein described. As the direct and proximate
result of said negligence landslides, sloughing and/or earth
movements occurred on CONTRA COSTA COUNTY'S above identified real
property on or about February 18, 1986, on or about January 1987,
and continue at present . As a direct and proximate result of
CONTRA COSTA COUNTY'S negligent planning, designing, cutting,
filling, constructing, and maintaining, its herein identified
real property, CLAIMANTS' have been and continue to be damaged as
herein described and claimed.
3
As a direct and proximate result of CONTRA COSTA COUNTY' S
action or failure to act as described and claimed herein,
CLAIMANTS ' above identified real property was damaged on or about
February 18, 1986, on or about January 1987 , and continues to be
damaged all as described and claimed herein. As a direct and
proximate result CLAIMANTS ' have and continue to be damaged and
their property taken by inverse condemnation as claimed herein.
On or about January 25 , 1987 , CLAIMANTS ' covered CONTRA
COSTA COUNTY'S herein identified real property with plastic to
mitigate further landslides, sloughing, and/or earth movements
and to mitigate the cost of repairing the cutslope, to mitigate
the cost of repairing CLAIMANTS ' above identified real property
and to mitigate the diminution in value of CLAIMANTS' above
identified real property.
WHEREFORE E.R. RICE AND JOANNE RICE CLAIM:
1 . That CONTRA COSTA COUNTY repair, correct , stabilize
and/or restore its herein described real property to provide
lateral support to CLAIMANTS' above identified real property
located adjacent .to CONTRA COSTA COUNTY' S above identified real
property.
2 . That CONTRA COSTA COUNTY abate the public and private
nuisance described herein.
3 . That CONTRA COSTA COUNTY pay CLAIMANTS ' $250,000 for
diminution in value of CLAIMANTS ' above identified real and for
the cost of repairing CLAIMANTS ' above identified property;
4
4. That CONTRA COSTA COUNTY reimburse CLAIMANTS' $2500 for
the .cost of covering CONTRA COSTA COUNTY' S herein identified
property with plastic as herein described.
5 . That CONTRA COSTA COUNTY pay CLAIMANTS ' for future damage
to CLAIMANTS ' above described real property, including, but not
limited to:
Further diminution of the value of CLAIMANTS ' above
identified real property directly and proximately caused by the
failure of CONTRA COSTA COUNTY to promptly repair, stabilize
and/or restore its real property identified herein.
All notices and communications regarding this claim should
be sent to CLAIMANTS ' attorney:
THOMAS W. WOLFRUM
Attorney at Law
Civic Park Plaza
1111 Civic Drive, Suite 240
Walnut Creek, CA 94596
Date March 2 , 1987
bJ
THOMAS W. WOLFRUM,
5
_4
RECEIVED
• FEB /,3 1987
PHIL BATCHELOR
UPEIVISORS
CLAIM AGAINST CONTRA COSTA COUNTY CIFRCJhI;RDORA
OSIACO.
Claim of E . R. RICE
JOANNE RICE CLAIM FOR DAMAGE TO
REAL PROPERTY
against
CONTRA COSTA COUNTY
TO THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY:
I . You are hereby notified that E . R. RICE and JOANNE RICE,
whose address is 5 Burton Vista Court , Lafayette, California,
claim from CONTRA COSTA COUNTY:
a . That CONTRA COSTA COUNTY restore its real
property adjacent to claimants ' real property described
above to provide lateral support to claimants ' real
property;
b . That CONTRA COSTA COUNTY correct the unstable land
condition on its real property to prevent future damage to
claimants ' real property; or
C . that CONTRA COSTA COUNTY pay to claimants $200, 000
in damages or the actual cost of repair/restoration,
and stabilization; and
d . $250 , 000 for diminution in value and physical damage
to claimant ' s real property at 5 Burton Vista Court ,
Lafayette, California .
2 . This claim is based on:
a . Lateral Support : Failure of CONTRA COSTA COUNTY
to laterally support claimants ' property;
b. Public and Private Nuisance : Failure of CONTRA
COSTA COUNTY to abate the public and private nuisance which
exists on CONTRA COSTA COUNTY' s real property adjacent to
claimants ' property.
C . Negligence: Negligent public construction of
St . Mary' s Road and;'or the cutslope on defendant ' s real
property which adjoins claimant ' s real property.
In the design, planning, construction, maintenance
and use of St . Mary ' s Road , within CONTRA COSTA COUNTY,
CONTRA COSTA COUNTY negligently and unreasonably created a
high, steel) and unstable cutslope adjacent to claimants '
real property which has become an active landslide now
enlarged to approximately 120 feet wide, 180 feet long,
and up to 10 feet deep . This landslide continues to
increase in size .
d . Inverse condemnation .
3 . The damage sustained by claimants to date consists of :
a . Diminution in value to their real property in the
amount of $250, 000. 00;
b . $200 , 000 . 00 or the actual cost of repair ,
restoration, and stabilization of CONTRA COSTA COUNTY' s
land to abate the public and private nuisance existing on
CONTRA COSTA COUNTY ' s real property and to provide
lateral support toclaimants ' real property.
4 . The cost of covering CONTRA COSTA COUNTY ' s property with
visqueen to temporarily attempt to mitigate further damage
to claimants ' real property.
5 . The damage expected to be incurred in the future
includes :
a . Further diminution in value to claimants ' property;
b. Increased cost of repair to provide support to
claimants ' real property.
5 . All notices and communications with regard to this claim
should be sent to claimants ' attorney :
THOMAS W. WOLFRUM
Attorney at Law
1111 Civic Drive, Suite 240
Walnut Creek, CA 9459
Dated :
THO AS W- WOLFRUM
Attorney for Claiman
f ::..:,.AMENDED
CLAIM
i
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
,
Clam Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 17 , 1987
and Board Action.. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: X5 ,4000, 000 . 00 Section 913 and 915.4. Please note all " arnings"
bounty Counsel
CLAIMANT: JOYCE HOFFERBER
3102 E. Amber MAR•0 5 1987
ATTORNEY: Patton, CA 92369
Date received Martinez, CA 94553
ADDRESS: BY DELIVERY TO CLERK ON March 4, 1987 CC
BY MAIL POSTMARKED: March 2, 1987
I. FROM: Clerk .of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
��IL gATCHELOR, Clerk
DATED: March 5 , 1987 : Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
(X) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are se n9tifyi g
a�d-eannet act-dor
( ) Claim is not timely filed. The 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).
(X) Other. GL.CXGCIiG �lJ�-� ev
Dated: h-� y, /f1� BY:6z� . Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
( x) This Claim is rejected in full..
(� \) Other:
I certify that this is a true and correct .copy of the Board' Order entered in its minutes for
this date.
Dated: MAR 17 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above,
MAR 18 1gA7
Dated: BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
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-" AMENDED
CLAIM
BOARD OF SUPERVISORS OF. CONTRA COSTA COUNTY, CALIFORNIA
Clam Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 17 , 1987
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Unspecified Section 913 and 915.4. Please note all "War s"'
�'3�nty C0uns21
CLAIMANT: JOYCE HOFFERBER
Rt. 12 F 2 G 1987
ATTORNEY: 3102 East Highland
All
Patton, CA 92369 Date received idrlmez, CA 945533
ADDRESS: BY DELIVERY TO CLERK ON February 19 , 1987
BY MAIL POSTMARKED: February 17 , 1987
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
1987 EgIL BATCHELOR, Clerk
DATED: February 23, eputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
01 This claim FAILS to comply substantially with Sections 910 and 910.2, a g
i r ion 10.8).
( ) Claim is not timely filed. The 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).
(x) Other:
Dated: 9, /c�? BY: Deputy County Counsel
II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
�5 fl/iIE.T/�d
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( ) 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: MAR 17 1987
PHIL BATCHELOR, Clerk, By —C—�� , Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant
MAR.
as shown above. �D
Dated: '►IAR1 8 1907 BY: PHIL BATCHELOR by /S ' _,I)eputy Clerk
CC: County Counsel County Administrator
County Counsol
FEB 19 1987 �.
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