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MINUTES - 06231987 - 1.21
CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Suoervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 23 , 1987 and Board Action. All Section references are to ) The copy of this document sailed 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.: $100. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: CHARLES YOUNG County COunse 678 So. 16th St . ATTORNEY: Richmond, CA 94802 JUN U 5 1987 Date received ADDRESS: BY DELIVERY TO CLERK ON May 29, 1987 Martinez, CA 9456 BY MAIL POSTMARKED: May 28 , 1987 1. FROM: Clerk of the.Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pp►►1l gB DATED: June 5, 1987 BYIL DATCHELOR, Clerk eputyL. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( 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: �l/// � 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: JUN 2 3 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 1n 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:_ JUN 2.4 1987 BY: PHIL BATCHELOR by �ty Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COP_T-J� Rpp Xa tication to: - `. Instructions to ClaimantVerk of the Board .O.Box 911 Martinez,Califomla 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 . giction. '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'74 Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the Distript should be filled in. D. If the claim is against more than one public entity# separate claims must be filed against each public entity. , E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserve for Clerk's filin stamps RECEIVED Against the COUNTY OF CONTRA COSTA) MAYA %1987 or 6,+e les DISTRIC`i') (Fill in name ) The undersigned claimant hereby makes claim against the CWty of Contra Costa or the above-named District in the sum of and in support of this claim represents as follows: --------------- —i. -W-h--n--d-i-d--t-h-e-d-a.m—a_g_e--o-r—injury occur? (Gve—ex--�t _- date and hour] . ' 1a ' � ---T- --�-�=�/tib _ �. W�iere- �d tFie damage-Ur in3--yr-y--occur?------ (Include c�.ty and co y 3. How did the damage d inju occur? ZGive ul� details, uae extra sheets if required) —----——----------4 ------------ --T—_—--___ ____ . What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? • (over) ..-.: --. .. . '.:.' .: ::.: ....::..::.. .. .:.... _.:, :..::..:5..._::r.-..:..n:.YaF* f+T.';AS'a�147ESd�k�3s`.asp.�i.>df+Pbii:✓....<,r..wni.6F�ti..a.d.r.:'..� S. Whaa are the names of county or district officers, servants or employees causing the damage or injury? K. I1hat Zamage or nl ies do y u c aim resulted? ZG�ve full extent Of injuries of damages claimed. - Attach two estimates for auto damage) ---------------------------------------------=---------------=------- . . 1P. Sow was the amount claimed above computed? (Include the estimated amount of any prospective injury` or damage.) ON 120 T � L Y - K. "Names and addresses of witnesses, doctors and hospitals. ---- ----- ------------------------- �. List "C2Trpgn~�itu a you made on account of this accident or injury: ITEM AMOUNT ����#'.*`iM`1►#A#'t1'**** **##*#R******#**R*t**#*****R#tRR#*RRtRRRR##*R*RR on". 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 Cl ama, g ature _ .. . address Telephone No. Telephone No. Z2�— R#**R#RRR#R##R!#kR#RR#RR##RRR#RR*#*R*RR*#RRR*R*R*RRRRR***RR*RRkRRRRRR*#*** NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents forallowance 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. " .. .a •.,•. •. . .:.. .: .:,- .....:....... .: .....,..b....tstf ,•. .YZiw1F�+RerwR.YetlYscrN:ien,:"I"�::i+:. ...w - CLAIM /'�/ BOARD OF SUPERVISORS bf CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 23 , 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 1V below), given pursuant to Government Code Amount: $30,000. 00 Section 913 and 915.4. Please note all •Warnings"COunty CounSel CLAIMANT: PETER GRUHL c/o Mark F. Goudy, Esq. ATTORNEY: P.O. lr+ r��N �C 198 Carmichael , CA 95609-0855 Date received linez' A 945153 ADDRESS: BY DELIVERY TO CLERK ON May 29 , 1987 BY WAIL POSTMARKED: May 28 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. p g H DATED: June 5, 1987 BIL DeputyOR,Clerk L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors 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: 11 iGr,, Dated: / BY: / �' Deputy County Counsel 111. 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: JUN 2 3 1587 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 sn attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF WAILING 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. JUN 2 4 1987 Dated:_ BY: PHIL BATCHELOR by eW�uty Clerk CC: County Counsel County Administrator e RECEIVED w MAYS 1987 BA TO Clerk of Board of Supervisors for Contra Costa County: PETER GRUHL hereby makes claim against Contra Costa County for the sum of $30,000.00 and makes the follwoing statements in support of the claim: 1 . Claimant' s post office address is P.O. Box 249 , Mill Valley, California 94942 . 2. Notices concerning the claim should be sent to MARK F. GOUDY, ESQ. , P.O. BOX 855 , Carmichael , California 95609-0855. 3. The date of the claim is February 23, 1987 when the Tax Assessors sold of the property located at 15 19th Street, Richmond, California pursuant to a tax sale. 4 . The Circumstances giving rise to the claim are as follows: The Tax Assessor' s Office failed to mail notice of the proposed sale to the claimant, a party of interest and last assessee, as required by Revenue and Taxation Code section 3365 3701. Furthermore, the Tax Assessor failed to make a reasonable effort to asccertain the name and last known mailing address of claimant in that when the Tax Assessor went to the property he was told by the clamiant' s tenant that there was a new owner of the property. 5 . Claimant' s injuries are loss of equity in the property - 1 - located 15 19th Street, Richmond, California. 6. The names of the public employees causing the claimant' s injuries are unknown. 7. The amount of the claim as of the date of this claim is $30 ,000. 8. The basis of computation of the above amount is as follows: The fair market value of the property less encumbrances resulting in Damages of $30,000. 00. DATED: MARK F. GOUDY Attorney for Claimant 2 - j PROOF OF SERVICE BY MAIL 2 I , MARK F. GOUDY declare that I am over the age of 18 years, 3 and reside in the County of Sacramento, and not a party to the 4 action referred to above. My office address is 5464 Ethel Way, 5 Sacramento, California 95820. 6 7 On May Z8' , 1987, I served the Attached Claim by placing a 8 true copy thereof, enclosed in a sealed envelope with first class 9 postage thereon fully prepaid, in the United States mail at 10 Sacramento, California, addressed as follows: 11 CLERK BOARD OF SUPERVISORS 12 CONTRA COSTA COUNTY 651 Pine Street 13 Martinez, CA 94553 14 COUNTY COUNSEL Contra Costa County 15 P. 0. Box 69 651 Pine Street 16 Martinez, CA 94553 17 I declare under penalty of perjury that the foregoing is 18 true and correct and that this declaration is executed on May 19 Z8 , 1987 at Sacramento, California. 20 21 22 23 MARK F. GOUDY 24 25 26 27 - 1 - 28 CLAIM r� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Cldim Against the County. or District governed by) BOARD ACTION the Board of Su(iervisors. Routing Endorsements. ) NOTICE TO CLAIMANT Jt1ne 23, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice o California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $5, 000, 000- 00 Section 913 and 915.4. Please note all •Warning ". Eounty Counsel CLAIMAN?: PATRICIA RINCON c/o The Law Offices of JUN U 5 1987 ATTORNEY: Steven R. Jacobsen Martinez CA 94553 436 14th St. , 1212 Date received ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON May 29 , 1987 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. eVee IL BATCHELOR. Clerk DATED: June 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. (' )\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: 4 d BY: 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's Order entered in its minutes for this date. 2 3 1987 L � Dated: PHIL BATCHELOR, Clerk. By. �ti�` 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: JUN 2 4 1987 BY: PHIL BATCHELOR by puty Clerk CC: County Counsel County Administrator 1 AW OFFICES OF STEVEN R. JACOBSEN 36 - 14th Street 2 3uite 1212, Central Building Oakland, California 94612 RECEIVED 3 (415) 465-1500 4 ttorney for Claimant MAY Xq 1987 5 Taftoft cum 90"W sy►MOWSPEWWAsaft 6 7 8 CLAIM AGAINST CONTRA COSTA COUNTY 9 10 11 12 13 To : Contra Costa County: 14 Patricia Rincon hereby makes claim against Contra Costa 15 County for the sum of $5,000 ,000. 00, and makes the following 16 statements in support of the claim : 17 1. Claimant' s post office address is : c/o The Law Offices 18 of Steven R. Jacobsen ,, 436 - 14th Street , Suite 1212, Central 19 Building , Oakland, California 94612 . 20 2 . Notices concerning the claim should be sent to The Law 21 Offices of Steven R. Jacobsen , 436 - 14th Street , Suite 1212, 22 entral Building , Oakland , California 94612 . 23 3 . The date and place of the occurrence giving rise to this 24 claim are: February 18, 1987, at 1822 Giaramita Street , North 25 Richmond, Contra Costa County, California . 26 4. The circumstances giving rise to this claim are as 27 follows : Claimant was in her residence at said address when a 28 roup made up of police officers from the Cities of Richmond and -1- MINK V 1 an Pablo, and deputy sheriffs of Contra Costa County arrived at 2 said address and gathered in front for the alleged purpose of 3 serving a search warrant on said residence . One of the officers 4 went to the rear of the residence . When claimant opened the 5 rear door to investigate the noise in the rear yard , said 6 fficer , without cause or provocation , and without warning or 7 identification of any kind , fired his weapon directly at 8 claimant ,, hitting her in the left thigh. Said law enforcement 9 agencies further proceeded to defame claimant in the press by 10 portraying her as a fleeing felon , shot in the act of escape . 11 5. Claimant has suffered injuries to her left leg and 12 thigh, pain and suffering , assault and battery , negligent and 13 intentional infliction of emotional distress , expenses for 14 edical and emotional treatment , violation of her civil rights 15 without due process of law, defamation of character , and other 16 injuries unknown to claimant at this time. 17 6 . The. names of the public employees causing claimant' s 18 damages are: Aaron Nunley, Michael Daniels, P. Ford, L. Kroll , 19 C. Carey, T. Hudson , Enos Johnson , W. Wier , C. Hughes, M. 20 Newman , Telford Terry, and other persons unknown to claimant . 21 22 23 24 25 26 27 28 -2- r • 1 7. Claimant' s claim as of the date of this claim is in the 2 amount of $5,000,000. 00. 3 8. The basis of computation of this claim is as follows : 4 Medical expenses to date: Unknown 5 Future medical expenses Unknown 6 Lost wages to date Unknown 7 Future lost wages Unknown 8 Exemplary Damages Unknown 9 General damages : $5 , 000,000. 00 10 Total claim : $5,000 ,000. 00 11 Dated : May 28, 1987 12 13 14 STEVEN R. J OBSEN Attorney fqA Claimant 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- CLAIM /02/ 6 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 1 `f L:laim Agaii:;t the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 23, 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: $100, 000. 00 Section 913 and 915.4. Please note all •Warning rpUnty CULf:1S`r CLAIMANT: NEVA L. PEASE c/o Ronald M. Schwartz, Esq. MAY 2 on ATTORNEY: 140 Pleasantew Way,Hill, CA 1te 945230$ Date received M rt'n�Z, CA g�J ADDRESS: BY DELIVERY TO CLERK ON May 15 , 1987 BY MAIL POSTMARKED: May 11, 1987 Certified P 466 653 I. FROM: Clerk of the Board of Supervisors TO: , County Counsel Attached is a copy of the above-noted claim. May 27 , 1987 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy L`. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. N 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: Deputy County Counsel 111. 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: JUN 2 3 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 a d Notice to Claimant, addressed to the claimant as shown above. JUN UN 2 1981 BY: PHIL BATCHELOR by puty Clerk CC: County Counsel County Administrator RECEIVED CLAIM against MAY /55-1987 County of Contra Costa (Government Code, Sec. 910) DATE: May 11 , 1987 Gentlemen: The undersigned hereby presents the following claim against the County of Contra Costa. 1 . Date of Accident or Occurrence: April 21 , 1987 2 . Name and Address of Claimant: Neva L. Pease c/o Ronald M. Schwartz, Esq. , 140 Mayhew Way, Suite 100B, Pleasant Hill , CA 94523. 3. Description and Place of the Accident or Occurrence: Auto- mobile accident occurring on West Third Street at or near its intersection with K Street , Antioch , California . 4 . Names of employees involved, and type, make and number of equipment, if applicable and if known: Unknown , but the yield sign at the intersection of K Street and West Third Street was pointing in the wrong direction so that it was obscured or not visible to oncoming traffic and this forms the basis of this claim against the County of Contra Costa . 5. . Description of the kind and value of damage: Ms . Pease sustained soft tissue iniuries and contusions to the chest . 6. Cost estimates or bills are not attached. 7. Amount of Claim: Special damages unknown at this time , general damages $100 , 000. 00 . RONALD M. SCHWARTZ, Attor#2ySfor Claimant NEVA L. PEASE CLAIM " BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim i.;ainst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 23, 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: $100, 000. 00 Section 913 and 915.4. please note all "Warnings". CLAIMANT: CHRISTINA PEASE County Counsel c/o Ronald M. Schwartz , Esq. ATTORNEY: 140 Mayhew Way, #100B MAY 2 u 1987 Pleasant Hill, CA 94523 Date received 20, 1 ADDRESS: BY DELIVERY TO CLERK ON May 101 rtrn o, . _ BY MAIL POSTMARKED: May 13 , 1987 Certified P 466 653 083 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, ppHH gg DATED: May 27 , 1987 BYIL DepuLyLOR, Clerk L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (`` ,,) This claim complies substantially with Sections 910 and 910.2. ooThis 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: l/-�-T BY: �1 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 O This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.JUN UN 2 3 1Q 9T PHIL BATCHELOR, Clerk, By____� eputy 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. L/� /C�� Dated: JUN 2 4 1987 BY: PHIL BATCHELOR by % /,tV// Deputy Clerk CC: County Counsel County Administrator R.BCEIVED CLAIM against MAY� 1987 County of Contra Costa (Government Code, Sec. 910) DATE: May 18 . 1987 Gentlemen: The undersigned hereby presents the following claim against the County of Contra Costa. 1 . Date of Accident or Occurrence: April 21 . 1987 2 . Name and Address of Claimant: Christina Pease C/o Ronald M. Schwartz, Esq. , 140 Mayhew Way, Suite 100B, Pleasant Hill , CA 94523. 3. Description and Place of the Accident or Occurrence: Auto- mobile accident occurring on West Third Street at or near its intersection with K Street , Antioch , California . 4. Names of employees involved, and type, make and number of equipment, if applicable and if known: Unknown , but the yield sign at the intersection of K Street and West Third Street was pointing in the wrong direction so that it was obscured or not visible to oncoming traffic and this forms the basis of this claim against the County of Contra Costa . 5. Description of the kind and value of damage: Chri,tina Pease , a minor , sustained dental injuries including a loss of a dental cap . 6. Cost estimates or bills are not attached. 7. Amount of Claim: Special damages unknown at this time , general damages $100, 000. 00. RONALD M. SCHWARTZ, Attfor Claimant CHRISTINA PEASr y . CLAIM /,d/ 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 June 23, 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: $100 ,000 . 00 Section 913 and 915.4. Please note all "Warr(ywht,, COLins it CLAIMANT: SHARON MARIE STRICKLEN c/o Law Offices of John C . Smith, Jr. MAY 2U0 1987 ATTORNEY: 165 Fell St. , f0artint, San Francisco, CA 94102 Date received A 045, 3 ADDRESS: BY DELIVERY TO CLERK ON May 19 , 1987 BY MAIL POSTMARKED: May 18 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel: Attached is a copy of the above-noted claim. May BY: D 27, 1987 PpHHIL BATCHELOR, Clerk DATED: eputy L. tiall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) 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: 'f BY: Ar 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 (Y ) This Claim is rejected in full. !(��) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUN 2 3 198nA 7 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 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, JUN 2 4 1987 BY: PHIL BATCHELOR by / 6C Deputy Clerk CC: County Counsel County Administrator 1 LAW OFFICES OF i 2 JOHN C. SMITH, JR. RECEIVE A PROFESSIONAL CORPORATION 185 FELL STREET MAY �g198T 3 SAN FRANCISCO, CALIFORNIA 94102 I (415) 881-1988 4 A 5 ATTORNEYS FOR CLAIMANT 6 1 SHARON MARIE STRICKLEN, 8 Claimant, CLAIM AGAINST THE COUNTY OF CONTRA COSTA 9 v. 10 COUNTY. OF CONTRA COSTA. 11 12 13 TO: Clerk of the Board of Supervisors County of Contra Costa 14 651 Pine Street Martinez , CA 94553 15 16 Name and Address of Claimant: Sharon Marie Stricklen 1833 Giaramita St. 17 Richmond, CA 94801 18 Please address all notices to the Law Offices of John C. Smith, Jr. 19 165 Fell St. , San Francisco, CA 94102 415/861-1886. 20 This claim arises out of an accident which occurred on or 21 about February 25, 1987 in the City of Orinda, County of Contra 22 Costa at the intersection of Camino Pablo at Manzanita Drive. 23 Claimant suffered personal injuries when she was struck by a 24 vehicle operated by Shawn Lynn Howard. Claimant alleges that the 25 COUNTY OF CONTRA COSTA was negligent in that if failed to supervize 26 and control said intersection. ei3;23 4 1 Special damages are not known at this time and general damages 2 are in excess of $100, 000 .00 . 3 4 Dated: May 18 , 1987 P H C. 9MIrM. JR. 5Attorney for Claimant 6 7 8 9 10 . 11 12 13 14 15 16 17 18 (I 19 i 20 21 22 23 24 25 26 -2- A 23 I PROOF OF SERVICE BY MAIL 2 My business address is 165 Fell Street, San Francisco, 3 California, 94102. I am over the age of eighteen years and not a 4 party to the within above-entitled action. On the below mentioned 5 date I served the attached document(s) on the parties of record in 6 said action, by placing a true copy thereof enclosed in a sealed 7 envelope with postage thereon fully prepaid in the United States 8 mail box at San Francisco, California, addressed as follows: 9 10DOCiJAIENT(S) CLAIM AGAINST THE COUNTY OF CONTRA COSTA 11 12 13 14 Clerk of the Board of Supervisors 15 County of Contra Costa 651 Pine Street 16 Martinez , CA 94553 17 18 19 20 21 22 23 24 I declare under penalty of perjury tha the foregoing is true 25 and correct. Executed at San Francisco, iforniaon 26 May 18, 1987 , RUTH BE � �n t CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Boar'd of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 23 , 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: $4, 024. 6 8 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ON BEHALF OICj��EE ROBERT WHITE Claim # *05 1159-308 °uAsel ATTORNEY: 6400 State Farm Drive "yRohnert Park, CA 94926 Date received 2 u 1987 ADDRESS: BY DELIVERY TO CLERK ON May 21, 19A7rt:r�� nn , BY MAIL POSTMARKED: May 20, 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. May 27, 1987 IVIL BATCHELOR, Clerk DATED: Y BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (. ) 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: Alj�kle/ e� 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: JUN 2 3 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 45.6.—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 1 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. JUN 2 4 1987 Dated: BY: PHIL BATCHELOR byGC—ei�PutY Clerk CC: County Counsel County Administrator 1 State Farm Insurance Companies STATE FARM ' INEURANCF ' O May 19, 1987 RECEIVED Northern California Office oQ 6400 State Farm Drive MAY,�I 1987 Rohnert Park,California 94926-0001 Contra Costa County IMPORTANT Board of Supervisors PLEASE 651 Pone St. , Ste. 106 WRITE OUR CLAIM NUMBER* Martinez, CA 94553 ON YOUR REPLY OR PAYMENT THANK YOU Re: Our Claim Number: *05 1159-308 Our Insured: Robert White Date of Loss: 2/26/87 State Farm Mutual Automobile Insurance Company on behalf of Subrogee, Robert White, hereby makes claim for $4,024.68 and makes the following statements in support of the claim. 1. Notices concerning this claim should be sent to State Farm Insurance Companies, 6400 State Farm Drive, Rohnert Park, California 94926, referencing the above claim number. 2. The date and place of the accident giving rise to this claim are; on 2/26/87 on Crow Canyon Road in Walnut Creek, California. 3. The circumstances giving rise to this claim are as follows: Robert White was operating his vehicle on Crow Canyon exit where a manhole was left uncovered. Our insured was unable to avoid colliding with the metal manhole cover causing property damage. 4. There were no injuries reported. 5. Our total claim is as follows: Company's Net Payment $3,774.68 Insured's Deductible Interest 250.00 Total Property Damage $49024.68 NOTICE: This form is to provide notice of our claim for damages in accordance with the one hundred (100) day statute. If this form is not acceptable for compliance with the statute, please rush the necessary forms to my attention for proper filing. STATE FARM INSURANCE COMPANIES Dated: Off- /9 -yam By: tZi John Miao, Claim Representative - ROAC JM/sn:jdc/GA08 State Farm Mutual Automobile Insurance Co. Encl: Supporting Documents (707) 584-6506 cc: 6854 HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001 f•L CI A LCC OM O.TION/ INC.IRI Yw LO M Q w CITY Ju D.CINL DI{lwICT iNyN LLw c ILLONY C U/V/NCM L,,jALA IT Cf ; rKILLED w E, w CO."'Y w[•ow+INc DISTRICT LLAT 2 "'I'll 3+{\. O. - , ❑IfGoAfrAA G os7,oi (03 COL6I960M OCCYutO OM NO. 0AY Va. TIM[ (Lee) NCIG MUMLLII p.ncLw I.D. CR�� CAN �oN IFS �G IR� 2 .26'87 /730 320 9/SP ----------- ---------- ------- -----------------------------------------•- F YILLwofT Iww ow MJl rlo M- ILJAILYq/IwYwY Ter AWAY STAY[HIGHWAY "LLAT\LSO U RELY OF YILL rofT YL+ ❑Mo ❑lL+ OAT IMTLRfL 1 CHOW WITH p MKOTOOwAMS ���}/" Ow: loOO wEaT/aYt1WL W p. DG�:.�Gf��R7Y (C .7t I ❑YLs l.�.Dle PARTY MAYS (11091.0110119 LAsl) OWNsw'+MAY[ SAME AS OwrvLw I R0.8ERT /MC.CALL 1,�17C Ow1Y4L slwacr ADDw[fs MOY[ MOM[ OWMLL'f AOOwLfi fAMt As DRIVER ftOL+• CITY/tlAlQ/ilw LV{IMcf{.MONS D OSITI O11 pP Vc, N. Ow 0076 0I ��y)1 Twuw bANV/L..L(= C�? 9yS.� b .. rL,iA/�7�.Py��MjJ'j�{��f�7TV_+/.•'A,� ❑ U ❑ pwnc[w Dw1VaM olw[w PAMKED OHIVEw'S LICENSE wVMM[M SAYS LIw THDATs SSX RACE DIRECTION Do ON/ (fT-LET MY•w�ww AY) SALLD LIMIT YIN. G 61 D322 y C A 9D 1. 3 10 TE" CRoca CANYarJ Ab 445 [ICI- VLH.Yft(s) MAKL(+1/YODEL//{1/coL011I(f) LICLMfL NO.(s ///off LTA�TT�•L(ft.y�s1 CHP us[ VEHICLE DAMASR�axTEMT/LOCATION ONLY CLISr - - //� - 'yyl�� Vim\ - - L T-1 YLM CLL Tl. 1LZMIMOw ❑YODEMATR ❑YA/Ow ❑IOTAL I PARTY NAYa (w IPsT,rlDoLa,LA+T) OWMLR'{MNML Lj SAME AS DRIVER DRIYLII "*SET ADDRESS HOWL .HONE OWMLR't ADDRESS L f[AMS AS ORIVLM •FOES- CITI!$TATL/SI♦ EV+IMa+i AMOML DISPOSITION Ow YEW. OM Ow DaRf 0I i lw1AM ❑01PICEw ❑ owWEw ❑OTwaw PA-KED D..va R'S LICAMSa MyYLtw STATE LIRYHDATL St; RA CI DIw ECT10N OP OM;ACROs+ (f Twa LT OM HICMWAY) fPRED LIMIT i VEH. YO. DAY Yw, TRAVEL I EICI- VaN.TR(S) MA Kt(S 1/MODEL(s l/COLOR(11 LIC[Nsc MO.(f) STATE({) CHP USE Va"CLL GAMAGE�axTEMI/LOCATION CLI/T ONLY VEHICLE TYPR ❑MINOR ❑YODaw ATR ❑YAIDA Ci TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OTHLN PARTY MAr!(PIRST,MIDDLE, LASTI OWNEw's NAYe *AMC AS DRIVER C"l"aw STRCST"COMES$ HOME PNOMa QW.Rw's ADOMlt+ �,iAMC As a..V aw Psots CIlT/sl ATw/EIP OV11.995 1H0N9 msroslTmL OF VEH, j eN�1owot Rs DP T 1 M 1 _oPncaw �.;ow I"EM � oTHaw •AMREp DwlVlw'S LICLNta NVYLtw sTAIE LIwTNOATL♦wtax RACE I0..MCT10N ov o.!"Coo" (S REIT Ow HIGHWAY) SPtaC LIMIT I we.. I YO. DAY . 1 TwAVLL 1 t i MICY. Va..Tw(I) MANa1+I'r OOaL({�'CO�OR(•) LICCM{t N0.1.1 STNTt(S) CH/ USQ Va"ICIs .......LK Tt HI'LOCATION CLISI ONLY,. NLY _ VENICE[TlA ❑M)NOA r� rOOEwATa Lei MAYOR TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OTHER PARTY NNYa (Ilw{T,MtOOL[,LAST) OWNS. s NAM[ SAME AS DwIVLM ON.Nfw •TwtlY AOO.Ss{ HOME PROM! OIYNaw'+.ADD.[+1 `-s.r! AS DAIVaw ,Ross- CITUIfYATaitl• %",.as% AHONa 0I1P011TIOM 0• VEH. ON O" :.1 OF TRIAN _ .— OP•ICKA ❑ DRIYsw ._olYa0 PA.wtD OMS"tRy L,Ca Ns[ MurLEM STATE •Iwlw DAT[ sex R.c! DIMa CrmN OP ON..CFO iS-NtaT ow wlcw.AT) "sac LlrlT var. .0. DAY Tw. TMAVSL MI CYVa.,YM({( MAHa(+��YODLL(1) COLOR(11 "eff.s! "04sl {TATG(s) CMP use !vRHICLa CAYAGf—Lx TLNT.LOCATION r, C CEI+Y j I ONLY — VaHLa TV. — WINO• NCDAMAT! MUOo TOTAL OTH!w CNP$55—Page 1 (Rev 8.84! OD 042 a �� '�'T-„Y.�+� �Y rr,a•.�.:�in'Y�^...,�"r,wr -nr .r.y:.�.I ar.-z.,- • ,.,..:^. ::�_„'_ - - -- NT!:y, L LIrJ L / GSo MO. DAY YN. PROPERTY DAMAGE CESCNIPTIO. OF DAMAat OWN[Ny Nw M[/ADDMRSS - , Mervl ED nr[s CNG, V1OLATION(S) PARTY I PARTY 2 PARTY I PARTY CHARGED POI ENT (LIETNUNa9R(•1 OF[ION wAITT ATPOULT) A CONTROLS ru%mR TRAFFIC oM MG ICES 1 2 I is I TYPE A Iw S{9wGi.FC Aa,.I.LE A.O. I ] • MOV[MCOLL COLLISION [DING i 0 A 19CT10N VIOLATED: B CONTROLS NOT FUNCTIONING• B Pwfse.ctw cwR W .AURw A sro.Pso C CONTROLS OR9cvwED• C rOTORCY CLS IfC TeR B IwOCE9OIMa ST.A.C.T • B or,l" IM."ops, DRIVING- D Co.,.OLS NOT IN[ss NTIPACTow D P C%v.DR .AN TRUCN I C .1. 111 **AD ' E PICNur/IAN[ rRN W/TRLR D MAKING SIGN Iuww C orN[w rN Aw Owwtw• TYPE OF COLLISION F TNUCL ow r ucN TwA CTOR E rAKuc L[F*TUN. D.......• A .9Ae-0N G TO N ITR. wCTOR W/TRLR F ...I.a u TUR. WEATHER (MARK 1 TO 1 HEMS) 8 slossWu[ M GCMOo RVs G Rw CKINa A CLEAR C R[AN [ND I O N Rue M {LOWING-STOI.IMO B CLOUDY D 1.01105109 J r[wa[NCY V[MICLe I PASSING OTM[R V[MICLC C *AIMING -E IT OR•RCT NWY CONST,mou"Pl[NT J CNANGINO LAMtL 109.0.1.0 F OVRw TURNeDL &.CYCLE K PARKING rAN[u V[w E Poo G Vm.ICLS/PtD.STNUN M OT.EN rKN.CLK L tNT[w1Nc Tw AFF1C F OrNER•: M OrNER•: N •KDEST.,A4 M OT.[w VM9AI[rV RNIMc 'G .IKD O MO.[o N RING INTO OPPOSING LAwf LIOMTING MOTOR VEHICLE INVOLVED WITH O PAR.[o ! iA SAY"&., q Mo.•C DLLIs10N 1 2 I • OTHER ASSOCIATED FACTOR / Ma.G1.G 21 DVS.-DA.N B IED[STNIAN I IYA.N 1TO IITEMS) O TNAVt LING WRONGWA.'• C D...-SvmcxT 41G.Ts C OTN[. .OTO. V[.ICLE A VC SECTION VIOLATION: F OT.aw•: D DAN.-.0 STROUT LIaMTs D MOTOR VOM, ON OTHER .OADMAY STREET"OPITf.OT E IAR.IO MOTO. Vt.ICL9 8 VC sECT.ON VIOLATION; f DA.K— IVNCTipNING• C TRAIN G I.CYCLK C YC SECTION VIOLATIO.: ROADWAY SURFACE M ANIMAL: I 2 2 • SOBRIETY- DRUG-'A D.Y D VC SECTION VIOLAT... PHYSICAL B MET I FIXED Ow1KCT: (MA.R 1 TO I.TOMS) C 6MOWY-ICY E vlsio.081CUR[rE wTs: A NAO NOT act.ORINNIMG D ELIPIERY (.LIDO'.OILV.RTC.I• IJ DYNE. 00'a CT: B MRD-u.DE. IMILVOMCE 11'�' I F INATT9NTION (C.10-.0T YNDEN I.PLU.• ROADWAY CONDITIONS !G STOP•GO TRAFPic D N1D-IY.AI..[NT urNN• MAwK 1 TO IONS) PEDESTRIAN S ACTION M [MT[MNa/LawVIMG PA.. E UNet.DOUG I..Lvr.Cw• A .oL[S,0990 NUTS* !A NO PEOur.IA. INVOLV[o I PREVIOUS COLLISION F IMPA.PM[NT—PNYS.CAL• B LOD{E MATERIAL ON .OAC.AY• G.0951N0 IN C.055W41K J .NIAYILIAP WIT* ROAD G..-Al.MKMT NOT KMOW. C ORRT.UCTION ON POAOrAY• B AT INTIRfE CTION Ko[Pa CTIVt YEN.[oo11.: PI NOT APPLICABLE D CaN{Tw YC TIOM1•R a.Alw IONS CN ORSIMG IM1 CwOSSr.LLN—NOT I I SLEEPY/•ATIG Vtp C E .ROYcsp RO ADr.Y r101. wT w?Sw{een Ow vew[o rtHIue F P400DRe• D C.CsfING--NOT IN C.CS{MILK 'M pTNi••: 1 2 2 • SPECIAL INFORMATION j G OrN[R•: E IN wo.D—I.cLUO[s S.GULOcw N.0.9 A.P..9.T ANL ZAwDp.{ ..Ta RIAIll M NO 1. vsu.1 co NO.Tlo.s F NOT 1. *GAD II O w...AY .9.1clE B •Iwt I.vew[c• ,G APIR O.CN�NG�•E AVIN/i TC.-00: ELL C T�Rf D91LCT:I AILV R[• iSKETCH MISCELLANEOUS P� /� INDICATe E�/� /'I' �""If/r •�� .�V`" /I/ UB A6;xz or i I i j PHYSICAL DESCRIPTION OF PARTY �Yf[. HAIR it•Ef IN[16 NT .116NT IREPII.[•' NA.1 :S '.' ^BEY MO G., ^w R[V�[-RR I%AY9 YOD.Y /—L il7t /%7':) CHP 555—Page 2 1Rec 12-64 JF: 042 •Exp;z;r. v. nc^c:::. • ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE • u.o¢.rc wowrw ' CANYOx1 . R� LJ�l3 n' AOUB..E 7Ell.'�1 UNC 1' E1,B GovGE rn�e,r - .�l�e i o •.yy' �•v// •� I�.o�j�•.`y. I rc �b � .. !.cv•c.u's..r• + ro. e.. .. CMF 555—Paor 4 ,Re. 0-85: OF, 042 85 3e569 '• NARR ATIVi COLLa�ON DEPORT I �.fuPPl[r[eTAI �"E"APPUCAsI[� • MA UPDATE L. ►ATAL MIT 81 RUN UPDATE r C SUPPLEMENTAL C• OTNER: C� NA2, MATERIALS C' SCNOOL OUS OTN[P: cnv/cougry/IUO1ClA. OIfTwIC+ w►T,mETn CT,wKAT i-T-10"N—offm LOCATIOFIf YP1[CT STAT[ MIGw►`Av ►[LATEO I Z C resp C No OF z. %69F{/� CaLuJi�N AT FN4� � /��.� hG�.S REQ c�AJ4&D 3. 11 7 -0 /f - SC R T a)C /84o f 4. U reit/,44- ?-'* L,J t. /r/Ma - 7-A CC 64 7. e SC NE s. C OG.J 06 VCN1 PvZ -TT I w aNF. Lon 7iAAVEL / J RunL� ��9�- W -�►�7H ? L4.o�J L-/A/Ec 13. T 14. I 16. / �l�t�. — r V 7-0 R/ t=ikE^ -SIQ 17. C,4DL-j NYON AZ /3e. %U /YIY G .16. SUS - l iNoR M. 4 7M -TI'L 7iPU&& A/Jd ! 21. 2. Aj 124 E G Lie)AIL .11F C q*J W V#!/ s STRg Clt- :25. 7� Co VEYt 'JF 7� frkE vH/C ��'= /nl 7� rz6. Z-ftOL , 7r CIOVOeL-lf� CDJtler"" :1GT= 29 30.J 1/\ �,� i1.G J [w YC. CA+ �T� iP[VIEM[w'f MAwI[ 'YG. GA• •e 1111 i Z `r CNP 556 iRe� 12-84; OP: pat Use o•ey-ous eac.0^s un[, aeoleteo 7-W77 �l'P'w.�'- 4 A .:?' t �vim. •Y� R ..���;r-_ __'_".. .._ .. r• IMOD DAY e, b _. iz� .9� ► y 4Ze ! - ,.a..Ewa ;..e..awa +rY.a •V..La Ne NTu f..w.. A..uc.ual ' i �yNARq ATIV[ !I COLLISION REPORT `I EA UPDATE FATAL IT Q RUN UPDATE 1 1 j SUPPLEMENTAL OTHER: HA2. MATERIAL! C SCHOOL IMUS ` OTHER: CITY/COVwTVIJUDICIAL O's"Ici RPT.DUT..CT/R[AT CITATION .ISM we* I � i LOCATION ISU916 CT STATS NION.ATR[LATaD I _j Y[! 0 ND i E Cir of 2. EYD _ r ILL _ - 3 COU NOT CL.J � ?'O PThZ - T LU d�- 77) 4. CN con;/til T 114 N 3T L.1 N i ?b 5. -SL-3 c F vC I 4-J /J 7. 1 , To e U ek � 9. /N/O NC: ON CL(. ,i otz, 10. V MmA RY : S 7/C- OC' Cl.J oi.f VWl D 11. E o W C NYJAJ u :yfl� 1 12. ��J.� CT 4-j�)S N - or 7T/ L-r'TAJC: 13. 4Nb "fTH P1 tjklbL- /AGE: ,4. i 15. Coe� v.: fr�Or r..rr ESTIMATE RECAP rr..■„rr CLAIM NO. KIn&.0 nG nWAIFR I6 ( POLICY HOLDER ❑ CLAIMANT ❑ i ♦ Y �' na NO L.K.Q. Parts Figured? ❑ ❑ Reasoi Prior Vehicle Damage? ❑ ❑ Where Betterment Applied? ❑ ❑ Appearance Allowance? ❑ ❑ IP low ! Asked Customer to read Auto Damage Claim Policy - • P.C.P. reviewed with Customer.................... �- +� •�. If customer had no garage preference and i aquestec _ r REMARKS: ESTIMATOR DATE ESTIMATE RECAP CLAIM NO. NAME OF OWNER " POLICY HOLDER ❑ CLAIMANT❑ i rssa nG L.K.O. Parts Figured? ❑ ❑ Reason --- - Prior Vehicle Damage? ❑ ❑ Where Betterment Applied? ❑ ❑ % Appearance Allowance? ❑ ❑ Asked Customer to read Auto Damage Claim Policy on s P.C.P. reviewed with Customer,,,,,,,,,,,,;,,,,,,,,,, If customer had no garage preference and isquested ot 1) 2) REMARKS: ESTIMATOR DATE r ® s CNIM _ _�� �Oaesaara�==—=--== 0900 VISION 100111001 Sam 111110 MISSION MFA�9LS NUNN PMAM MISSION NOMMIN 11000001 ��rca�imai�usur��Rsr�����r_r_a II�iT1iT•3II�itJ R���-OIC-Oe �O SOS OIYi)tt�)YLu IONIAN 1000 V v A�®Y � C��n!$•c:rannoMFAN 101100h aut��'MOMAN ®Yf® -Yrt"9IllMaRsomIMMANS .,1E'[�\�\�LYJ�G�...'^�[-R�s It:3E .E MEN WOW MONNION MISSION 1100001 SIMONE� rr����tsaa�111110 1111111 ��t•�aa�VISION 1 a M:T,FY: 'CLAIM t ' 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 June 23, 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: $20, 000, 000. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MR.& MRS. SCOTT C. HAYNES County Counsel c/o M. Douglas Swan ATTORNEY: 1560 Pine St. #5 frAY 2 u 1987 Concord, CA 94520 Date received pper�, ADDRESS: BY DELIVERY TO CLERK ON May 22 , P�tst}naSl�`�d� ?U'' 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. IL gATCHELOR, Clerk ('�� DATED: May 27 , 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. ()Q 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: a?- BY: 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 XThis 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. o Dated: JUN 2 3 1987 PHIL BATCHELOR, Clerk, By Z' X- ,e �6eputy 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: JUN 2.4 1987 BY: PHIL BATCHELOR by 6 eputy Clerk CC: County Counsel County Administrator CLAIM T0: BOARD OF SUPERVISORS OF 0, 57A l ll V lY11 Instructions to Claimant Return original application to E Clerk of the Board ------ 651 Pine St., Room 106 Martinez, CA 94553 A. Claims relating to causes of action for death or"for Injury to -person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. - Claims relating to any other cause of action must be presented not later than one year after the: accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end his form. RE: Claim by )Resery f nr Cl ' JWstamps Mr. & Mrs . Scott C Haynes ') �10r'4 5929 Rose Arbor Ave . San Pablo , C� J(pMAY 71987 Against the COUNTY OF CONTRA COSTA) or DISTRICT) (Fill in name ) am The undersigned claimant hereby makes claim against the County of .Contra Costa or the above-named District in the sum of $ 20 .000 .000 .00 and in support of this claim represents as follows: -- ----- --------------- --------------------------------- ----- ---- I. WFen did the damage or injury occur? (Give exact date an hours Night of April 2 ,. 1987 , at approximately 8 :30Pm --- ---- - -- -• ------T-T........... --- ----------••----••-- - -- �. W�iere did t5e damage or snJury occur? Include city and county] Livingroom of 5929 Rose Arbor Ave . , San Pablo , CA -T---------�-----.......... -T......--......--lar--- - --T ----- ------ 3. How did the damage or injury occur? (Give lull details, use extra sheets if required) Elements of Contra Costa Country Sheriffs Dept . along with Richmond , San Pablo and CHP Police Officer , in lieu of being able to subdue our son , Kenneth , chose to kill him. Gruss negligence in use of TASER GUN, negligence in maintenance of TASER GUN. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Poor judgment , a total and callous disregard for human life , insufficient training Jim at;b6impting to subdue an individual Gross negligence in use of TASER GUN, gross negligence in maintenance of TASER GUN , Gross negligence in training personnel in use of TASER GUN. (over) CLAIM County Counsel BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA t ��,,qq��yy qq c� Claim Against the County, ori District governed by) BOARtl"A'CTPB P 1987 the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT ,j totigh 0�g,7 5 J` and Board Action. All Section references are to The copy of this document mailed to you is your no ice o California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1, 000, 000. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: SCOTT C. HAYNES c/o 114DS INK/M. Douglas Swan ATTORNEY: 1560 Pirie ST. , #5 Concord, CA 94520 Date received ADDRESS: BY DELIVERY TO CLERK ON May 27, 1987 hand del . BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. May 28, 1987 PPHHIL BATCHELOR, Clerk DATED: BY: Deputyy' 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 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: " ,& Deputy County Counsel 111. 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: JUN 2 3 1987 pHll 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: JUN 2i 4 L%Z BY: PHIL BATCHELOR by 2Z Deputy Clerk CC: County Counsel County Administrator CLPJM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant Return original apPlication tc Clerk of the Board 651 Pine St., Room 106 Martinez. CA 94553 A. Claims relating to causes of action for death crfor 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 90553. 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 oT t is form. t#ttft!}}*#tt}#}####tt##*t#t}t!*t#ttt##*tttlt#t*##tt**ttttltttltt!!tltt! RE: Claim by )Reserved for Clerk's filing stamps Scott C . Haynes ) E)%i of ,CEIV592q Rnca Arhnr Ava _ SAn PAhln rAAgainst the COUNTY OF CONTRA COSTA) AY 987 ) or DISTRICT) OR (Fill in name ) The undersigned claimant hereby makes claim againstlti60F?un% of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: .+a ee e e e T eeeeee e e eee er oee a .,-ee a eee a--ee e e ee ee ee es e e ee a ee e RUT ecce en dad the damage 1n7ury occur? Give exact date an our] April 2 , 1987 , Approx . 9 : 00 PM ..eee ecce T —_ ee eeeeeeee .teeeeeeee—eee eeeeTeeeeeeee—ecce eee id�iere baa tie damage or �n3ury occur? Include caty and county] 5929 Rose Arbor Ave . San Pablo CA 94806 ep ecce e e ee ee a ee e e e ee eeeee e e ee ee ee ee a ee e e eT e e e ee ecce eee ee 3, How did the damage or �n�ury occur? ZGive �uIS aetaals, use extra sheets if required) I was falsely arrested and falsely imprisoned in my garage for approximately 12 hours , while police ransacked my house e eee e e eeeee e T e ee ecce a ee e e eee T ee Te e e e ecce a eee a ee a eee e e eee eee Te ee eeeee 4. What particular act or omassaon on the part o county or dastr�ct officers , servants or employees caused the injury or damage? False arrest , false imprisonment , intentional and negligent infliction of emotional stress (over) BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA , Claim Against the County. or District governed by) BOARD ACTION the Board of Suoervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 23 , 1987 r and Board Action. All Section references are to ) The copy of this document nailed 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 •Warnings•. CLAIMANT: CHRISTOPHER CAIN AND LYNN CAIN c/o Thomas McInerney, Esq. ATTORNEY: Seth J. Schwartz, Esq. Haims , Johnson, MacGowan & Date received ADDRESS: McInerney BY DELIVERY TO CLERK ON June 5 , 198Gc66ty Counsel 490 Grand Avenue Oakland, CA 94610 BY MAIL POSTMARKED: no envelope 111N 1 5 1487 I. FROM: Clerk of the Board of Supervisors TO: County Counsel — NI&Aimet, x-94553 Attached is a copy of the above-noted claim. DATED: June 12, 1987 lVIL BATCVELOR, Clerk C2 P y a 11. FROM: County Counsel 70: Clerk of the Board of Supervisors 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). y. ( ) 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: L5 (Vk BY: 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 (y ) 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. JUN 2 3 1987 Dated: PHIL BATCHELOR, Clerk, By . 'Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date 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 1 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: JUN 2.4 1987 BY: PHIL BATCHELOR by puty Clerk CC: County Counsel County Administrator CLAIM' TO: r BOARD OF SUPERVISORS ur' wwlnn ,.,, Instructions to Claimant Return original application tc Clerk of the Board 651 Pine St.. Room 106 Martinez. CA 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 t,::actions- 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) S. *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 r must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end o his form. at �*e*e�*��***•tR*r�sf*t:t*:***�***•ttt**����►*�*a+�*�it� �t ��er�ts•♦t - �' RE: Claim by )Re Il Torecling stamps RECEIVED CHRISTOPHER CAIN and LYNN CAIN Maims, Johnson, MacGowan & McInerney JUN 1957 ;.., Against the COUNTY OF CONTRA COSTA) T or DISTRICT) (FIll in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of S indemnity and in support of this claim represents as follows: ^~ ,. 0000 00 - -r000000 0.,00oo000r0rro orroo0orroo000000 0 0-� -��� __;, _ . ,... 1. Dien did-the damage or In3ury occur? Give exact date and �iourl' s:,. .. March 27, 1986; 3:40 p.m. SEF ATTACHED -- UNINCORPORATED AREA. oor ♦ rr 00000 To., -oro-000ro0 - -- r ro000r0000000 000 �. N�ieie-dxa-tFie damage or .in3ury occur? Zlaclude city and eountyj Marsh Creek P,oad, .7 miles west of Morgan Territory Road , unincorporated area. 3. How did the damage or injury occur? (Give �uII details, use extra sheets if required) -- Tle vehicle driven by =STOPHEP. CAIN, while atterptina to avoid debris in the road carr,e i^to contact with a vehicle driven eastbound by EtX;pm P.71LLFS. o ro-r rr or oro ororr 40000 0 00oror0 00roo0 0000000 00roo0 0 0000000.ro 00 0000... Nhat particular act or omisslon on the part of county or district officers , servants or employees caused the injury or damage? Failure to maintain, control, supesv:se, manage, design and approve Marsh Creek Road as to prevent the accm ulation of debris on the read from the surrounding hillside. (over) THOMAS MCINERNEY, ESQ. SETH J. SCHWARTZ, ESQ. HALMS, JOHNSON, MacGOWAN & McINERNEY 490 Grand Avenue Oakland, California 94610 (415) 835-0500 CLAIM TO BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY RE: CHRISTOPHER CAIN and LYNN CAIN Attached hereto and marked as Exhibit "A" are Proofs of Service stating that CHRISTOPHER CAIN and LYNN CAIN were served with the Willes vs. Cain Complaint ori March 7, 1987. Attached hereto and marked as Exhibit "B" is a copy of the CAINS Cross-Complaint. (XX ) SUPERIOR Ttt -AT OF CALIFORNIA, COUNTY OF CON' COSTA ( ) MUNlrrl?AL - s Judi District { ) SMALL CLAIMS EDWARD L. WILLESr et al . HRG. DATE VS. CHRISTOPHER ROYCE CAINr et al. CASE No. 296931 1 served the £}:Summons and Complaint 0-Other ❑ Petition (Marriage) ❑ Order to Show Cause and Declarations ❑ Subpoena 1. Defendant's name: LYNN CAIN 5. Mailing date, type of mail and place of mailing: 2. Person served and title: AS ABOVE .. II Address, city and state (when required, indicate 3, Person with whom left and title of relationship to whether address is home or business: person served: 4507 CANDYWOOD COURT CONCORD, CA. 4. Date and time of delivery: MARCH 7l 1987 @ 8:58a.m. © Home ❑ Business 7. Manner of Service: (Check proper box) Q (Personal service) By personally delivering copies to the person served. (CCP 415.10.) j ❑ (Substituted service on corporation, unicorporated association(Including partnership),or public entity) By leaving,during usual office hours,copies in the office of the person served with the person who apparently was in charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(a).) ...... ❑ (Substituted service on natural person,minor,incompetent,or candidate)by leaving copies at the dwelling house,usual place of abode,or usual place of business of the person served in the presence of a competent member of the household or a person apparently in charge of his office or place of business, at least 18 years of age, who was informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(b).) (Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence In first attempting personal service.) ❑ (Other— CCP 413.10, 413.30, 417.10-417.30 — Attach separate pages if necessary): ❑ Additional page(s) are attached. �. 8 The following notice appeared on the copy of the summons served (CCP 412.30 or 474): 0 You are served as an individual defendant. ❑ You are served as (or on behalf of) the person sued under the fictitious name of: ❑ You are served on behalf of: Under: ❑ CCP 416.10 (Corporation) ❑ CCP 416.60 (Minor) ❑ Other: ❑ CCP 416.20 (Defunct corporation) ❑ CCP 416.70 (Incompetent) ❑ CCP 416.40 (Association or partnership) ❑ CCP 416.90 (individual) 9. At time of service I was at least 18 years of age and not a party to this action. 10. Fee for service $ ?A - D 0 , Mileage $ , Notary $ Totals 26 . 00 Person serving: a. ❑ California sheriff, marshal, or constable. d. ❑ Not a registered California process server. b. ❑ Registered California process server. e. ❑ Exempt from registration under Bus. & Prof. Code c. }(] Employee or independerit contractor of a 22350(b). - registered California process server. NOTE: Fee lot service includes additional reasonable costs necessarily incurred in effecting service as per C.C.P. sec. 1032b. ® Registered: AT.AMFDA County, I declare under penalty of perjury that the foregoing is true Number: t)NF and correct and tha declaration was executed Process Server For on MAR H * ATTORNEYS MESSENGER SERVICE * at California. ❑ OF OAKLAND {R OF CONTRA COSTA ' 4a9 151,1 Street Suite 103 1243 Alpine Rd.Suite 220 Oakland,CA 94612 walnut Creek.CA 94596 Signature: 101 (415)452.4591 (415)937.4561 Name: M VIN CAS SSERV TATEIIEE PROOF OF SERVICE FOUNDING MEMBER—CALIFORNIA ASSOCIATION OF PHOTOCOPIERS 6 PROCESS SERVERS Assurance to the Judiciary of Honesty and Integrity of Performance Evhib't (XX ) SUPERIOR 'Ri OF CALIFORNIA, COUNTY OF CON'.r COSTA ( j MUNICIPAL 6. - Judi( Astrict ( )SMALL CLAIMS ESWARD L. WILLES, et al . HRG. DATE VS. CHRISTOPHER ROYCE CAIN, et al, CASE No. served the 15,Summons and Complaint ❑ Other ❑ Petition (Marriage) ❑ Order to Show Cause and Declarations - ❑ Subpoena 1. Defendant's name: CHRISTOPHER ROYCE CAIN S. Mailing date, type of mail and place of mailing: 2. Person served and title: AS ABOVE 6. Address, city and state (when required, indicate 3. Person with whom left and title of relationship to whether address is home or business: person served: - `•'''' 4507 CANDYWOOD COURT CONCORD, CA. 4. Date and time of delivery: MARCH 7, 1987 - @ 8: 5 8 a.m. &] Home ❑ Business 7. Manner of Service: (Check proper box) (Personal service) By personally delivering copies to the person served. (CCP 415.10.) `- ❑ (Substituted service on corporation, unicorporated association(including partnership), or public entity)By leaving, during usual office hours,copies in the office of the person served with the person who apparently was in charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(a).) ❑ (Substituted service on natural person,minor,Incompetent,or candidate)by leaving copies at the dwelling house,usual place of abode,or usual place of business of the person served in the presence of a competent member of the household or a person apparently in charge of his office or place of business, at least 18 years of age, who was informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(b).) (Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence In first attempting personal service.) ❑ (Other — CCP 413.10, 413.30, 417.10-417.30 -- Attach separate pages if necessary): ❑ Additional page(s) are attached. _- 8. The following notice appeared on the copy of the summons served (CCP 412.30 or 474): You are served as an individual defendant. ❑ You are served as (or on behalf of) the person sued under the fictitious name of: ❑ You are served on behalf of: Under: ❑ CCP 41&10 (Corporation) — ❑ CCP 416.60 (Minor) ` - fl Other: -" ❑ CCP 416.20(Defunct corporation) ❑ CCP 416.70(Incompetent) ❑ CCP 416.40 (Association or partnership) ❑ CCP 416.90 (individual) 9. Al time of service I was at least 18 years of age and not a party to this action. 10. Fee for service $ 76 - 00 , Mileage $ , Notary $ Total $ 26 . 00 Person serving: a. ❑ California sheriff, marshal, or constable. d. ❑ Not a registered California process server. b. ❑ Registered California process server. e. ❑ Exempt from registration under Bus. & Prof. Code a UEmpioyee or independent contractor of a 22350(b). registered California process server. NOTE: Fee for service includes additional reasonable costs necessarily incurred in effecting service as per C.C.P. sec. 1032b. ® Registered: AT.AM .DA County, I declare under penalty of perjury that the foregoing is true Number: ONE and correct and at his declaration was executed Process Server For on MAR 9 87 * ATTORNEYS MESSENGER SERVICE * at 41 T K California. ❑ OF OAKLAND 0 OF CONTRA COSTA t 449 15th Street Suite 103 1243 Alpine Rd.Suite 220 Signature: Oakland.CA 94612 Walnut Creek,CA 94596 g _ 10 (415)452.4581 (415)937-4561 Name: VIN CASE . STATEWIDE PROOF OF SERVICE FOUNDING MEMBER —CALIFORNIA ASSOCIATION OF PHOTOCOPIERS & PROCESS SERVERS Assurance to the Judiciary of Honesty and Integrity of Performance 1 THOMAS McINERNEY, ESQ. 2 SETH J. SCHWARTZ, ESQ. HAIMS, JOHNSON, MacGOWAN & MCINERNEY 3 490 Grand Avenue Oakland, California 94610 4 (415) 835-0500 5 Attorneys for Defendants/Cross-Complainants CHRISTOPHER ROYCE CAIN and LYNN CAIN 6 7 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 8 Y EDWARD L. WILLES, et al. , 9 No. 296931 10 Plaintiffs, 11 vs. CROSS-COMPLAINT 12 CHRISTOPHER ROYCE CAIN, LYNN CAIN, et al. , 13 Defendants. 14 15 CHRISTOPHER ROYCE CAIN and LYNN CAIN, 16 Cross-Complainants, 17 vs. 18 COUNTY OF CONTRA COSTA, STATE OF 19 CALIFORNIA, and ROES I through C. inclusive, 20 y Cross-Defendants. 21 / 22 COMES NOW cross-complainants CHRISTOPHER ROYCE CAIN and LYNN 23 CAIN and for causes of action against cross-defendants , and each 24 of them, allege: 25 FIRST CAUSE OF ACTION 26 I. 27 Cross-defendants, ROES I through X, inclusive, are sued 28 herein under such fictitious names for the reason that their true I11111ti..lUH�tiU\. ndiU\%A.N W 11c1\I:RVY ATTORNEYS AT LAW Exhibit `` - " .90 ORANO•vE NUUE •RLAND.CALIFORNIA 9.$10 40$1 U!-OU* I names and capacities of cross-defendants, whether individual, 2 corporate, associate or otherwise, are unknown to cross- 3 complainants at this time, cross-complainants are informed and 4 believe, and thereon allege, that each of the cross-defendants 5 designated herein as ROE was negligent or in some manner respon= 6 sible for the events and happenings herein referred to, and by 7 their conduct proximately caused damages to cross-complainants as 8 hereinafter alleged. Cross-complainants will seek leave of court q` 9 to amend this Cross-Complaint to reflect such true names and ,1 10 capacities when same are ascertained. 12 Each of the herein named cross-defendants has been named as 13 a party in the main action designated above, and plaintiff has 14 alleged that these cross-defendants were negligently responsible 15 for the accident which is the subject of the personal injury 16 claim referred to in plaintiff' s Complaint in the underlying case 17 referenced herein in paragraph VIA 18 _ 19 At all times herein mentioned, each of the named cross- 20 defendants and ROES I through X. inclusive, were and now are 21 residing and/or doing business, and/or licensed to do business 22 within the State of California. 23 IV. - 24 Cross-complainants are informed and believe and thereon 25 alleged that at all times herein mentioned each of the above- 26 named cross-defendants was the agent, principal, or employer of 27 each of the other cross-defendants, and was at all times herein 28 INNISAOMSON'. 1Li�u��a�-s,ua�tatvt�• ATVOPNEVS AT LAW -2- 490 2- .00 DRANO AVENUE 'APLANO.CALIFORNIA 04510 1 141515]5.0900 -- - . 1 mentioned acting within the course and scope of said agency and 2 employment. 3 V. 4 Cross-complainants are informed and believe that each of the 5 cross-defendants was engaged in certain acts and omissions 6 complained of, and each of said cross-defendants is joined herein so that the liability can be communicated in a single lawsuit. 8 VI. a: On February 11, 1987 a lawsuit was instituted in the Superi- 1U or Court, County of Contra Costa, Action No. 296931, entitled: 11 "WILLES, et al. vs. CHRISTOPHER ROYCE CAIN, et al. " alleging, 12 among other things, that these defendants are liable for 13 plaintiff's injuries based upon these cross-complainants' 14 negligence. Solely for the purposes of reference, without 15 admitting the truth of any allegations therein, 16 cross-complainants incorporate herein by reference plaintiff' s 17 Complaint for descriptive purposes only. 18 VII. 19 Cross-complainants, as defendants in the action referred to 20 above, have heretofore answered same, denying the material 21 allegations of the Complaint, and have set up various affirmative 22 defenses. Said Answer is also incorporated herein by reference 23 as though set forth fully herein. 24 VIII. 25 Cross-complainants at all times , deny any and all liability 26 in connection with the action in chief, but in the event plain- 27 tiff establishes negligence or any other liability in connection 28 with the action in chief, cross-complainants allege that as a H 11\Iti..11)IIStiOV. '.,6011':U W AMNERNE A"ORNEVS AT LAW -3- 490 GRANO AVENGE ARUNO.CALIFORNIA"AI0 LVSI 505-0000 1 direct and proximate result of the carelessness, negligence, acts 2 or omissions of cross-defendants, that cross-complainants are 3 entitled to indemnity, contribution and an apportionment of fault 4 of cross-defendants under the principles of comparative negli- 5 gence. 6 Ix. -:i 7 An actual controversy now exists between cross-complainants H 8 and said cross-defendants, and each of them, as to teh rights of 44 9 indemnity and comparative negligence owing to cross-complainants 10 by cross-defendants, in that cross-defendants deny that any 11 indemnity obligation exists. A multiplicity of actions will be 12 avoided by resolution of this Cross-Complaint in the same legal 13 action as has been filed by plaintiff herein. 14 WHEREFORE, cross-complainants pray for judgment against 15 cross-defendants, and each of them, as hereinafter set forth. 16 SECOND CAUSE OF ACTION 17 -- 18 Cross-complainants incorporate herein by reference the 19 allegations contained in the First Cause of Action as though- ' - 20 fully set forth herein. 21 22 At all times herein mentioned, cross-defendant, COUNTY OF 23 CONTRA COSTA, was a municipality and public entity within the 24 meaning of the Government Code of the State of California. 25 III . 26 Cross-complainants have complied with all requirements 27 regarding claims as set out in Government Code §900 et seq. 28 IIAIMSAMINs01. Cross-complainants have presented a claim as authorized by law to ATTORNEYS AT LAW -4- 4E0 GRAND AVENUE ARLAND,CALIFORNIA 94610 141!19]}0300 - 1 cross-defendant, COUNTY OF CONTRA COSTA and said claim has not 2 been paid and said claim is deemed to be rejected. 3 IV. 4 At all times mentioned, cross-defendants, COUNTY OF CONTRA 5 COSTA and ROES II through XV, were in the possession of, owned, 6 maintained, controlled, supervised, managed, designed and im- 7 proved the area where the accident occurred where plaintiff was 8 injured. Said cross-defendants, and each of them, did at all 9 times herein mentioned, invite the public to use said public s 10 roadway. 11 V. 12 At all times herein mentioned, cross-defendant, COUNTY OF 13 CONTRA COSTA, and ROES II through XV, and each of them, negli- 14 gently and carelessly failed to maintain, control, supervise, 15 manage, design and improve Marsh Creek Road at or near its 16 intersection with Morgan Territory Road, in that it failed to 17 maintain and/or design the road in such a manner as to prevent 18 the accumulation of debris on the road from the surrounding 19 hillside to pose a hazard to drivers. 20 _ VI. 21 Said dangerous, defective and unsafe conditions created an 22 unreasonable, and foreseeable risk of the kind of accident which 23 occurred. 24 VII. 25 Cross-defendants COUNTY OF CONTRA COSTA and ROES XI through 26 XV, and each of them, had actual or constructive notice of said 27 • danger, defective and unsafe condition, and that said condition ..� 28 ttvuti.•xntNtioN. had been created by said cross-defendant. Further, said unsafe ai;o%vLr R.VrI\t:12vE1' ATTORNEVS'A1LAW, -5- 420 5- 490 GRAND.VENUE AK"NO.CALIFORNIA 94610 14151 975.0500 1 condition had existed for sufficient time prior to the date of 2 the accident for cross-defendants, in the exercise of ordinary 3 care, to have discovered and/or repaired said condition. 4 VIII. 5 Cross-complainants are informed and believe and thereon 8 allege that each of the cross-defendants was engaged in certain 7 acts and omissions complained of, and each of said cross- -T.- 8 defendants has been joined herein, so that liability can be 9 adjudicated in a single lawsuit with respect to teh events giving 10 rise to the allegations in the Complaint referred to in Paragraph 11 VI. 12 IX. 13 Cross-complainants at all times, deny any and all liability 14 and cross-defendants have been joined herein so that liability 15 can be adjudicated in connection with the action in chief, and in 16 the event plaintiff establishes negligence or any other liability 17 in connection with the action in chief referred to above , . cross- 18 complainants allege that their acts, conduct or omissions, if 19 any, were passive and secondary, and that the acts, conduct and 20 omissions of cross-defendants were active and primary; that 21 liability on the part of cross-complainants would be derivative 22 only in that cross-defendants are required to indemnify cross- 23 complainants in the amount of any judgment, defense, settlement,,' 24 legal fees, costs of suit, and any other damage which cross- 25 complainants may incur as a result of the action in chief. 26 THIRD CAUSE OF ACTION 27 1 . 28 IMAIsaotnsox Cross-complainants incorporate herein by reference the ,.IAMAN Iad M,nr.1VOY ATIORNEVS AT LAW —L— .90 DRANO AVENUE AALANO.CALIFORNIA 94010 - ,aO,ue-owo - 1 allegations contained in the First Cause of Action as though 2 fully set forth herein. 3 II, 4 Cross-defendant, STATE OF CALIFORNIA, is, and at all times 5 mentioned, was a soverign State of the United States of America. 8 III. 7 Cross-complainants have complied with all requirements 8 regarding claims as set out in Government Code §900 et seq. t. 9 Cross-complainants have presented a claim as authorized by law to 10 cross-defendant, STATE OF CALIFORNIA and said claim has not been 11 paid and said claim is deemed to be rejected. 12 IV, 13 At all times mentioned, cross-defendants, STATE OF 14 CALIFORNIA and ROES XXVI through XXX, were in the possession of, 15 owned, maintained, controlled, supervised, managed, designed and 16 improved the area where the accident occurred where plaintiff was 17 injured. Said cross-defendants , and each of them, did at all 18 times herein mentioned, invite the public to use said public 19 roadway. 20 V• _. 21 At all times herein mentioned, cross-defendant, STATE OF .. 22 CALIFORNIA, and ROES XXVI through XXX, and each of them, negli- 23 gently and carelessly failed to maintain, control, supervise, 24 manage, design and improve Marsh Creel: Road at or near its 25 intersection with Morgan Territory Road, in that it failed to 26 maintain and/or design the road in such a manner as to prevent 27 28 II\I\15.JQII�SQ\. :.u'li()11;1\;Q 11LI\I:12\f.Y AROKNEY!Al LAW - -7- 490 OKANO AVENUE .AKLANO.CAL.FOANIA 94610 C 14151 83!-0500 I the accumulation of debris on the road from the surrounding 2 hillside to pose a hazard to drivers. 3 VI. 4 Said dangerous, defective and unsafe conditions created an 5 unreasonable, and foreseeable risk of the kind of accident which 6 occurred. VII. R 8 Cross-defendants STATE OF CALIFORNIA and ROES XXVI through .L' }; 9 XXX, and each of them, had actual or constructive notice of said 10 danger, defective and unsafe condition, and that said condition 11 had been created by said cross-defendant. Further, said unsafe 12 condition had existed for sufficient time prior to the date of 13 the accident for cross-defendants, in the exercise of ordinary 14 care, to have discovered and/or repaired said condition. 15 VIII. 16 Cross-complainants are informed and believe and thereon 17 allege that each of the cross-defendants was engaged in certain 18 acts and omissions complained of, and each of said cross- 19 defendants has been joined herein, so that liability can be 20 adjudicated in a single lawsuit with respect to teh events giving 21 rise to the allegations in the Complaint referred to in Paragraph 22 VI. 23 IX. - 24 Cross-complainants at all times, deny any and all liability 25 and cross-defendants have been joined herein so that liability 26 can be adjudicated in connection with the action in chief, and in 27 the event plaintiff establishes negligence or any other liability 28 in connection with the action in chief referred to above, cross- if WIS.d01MON. A"ORNEYS AT LAW -8- 490 GRANO AVENUE ' ^K"NO.CALIFORNIA 94610 1.151 a�s.osao , 1 complainants allege that their acts, conduct or omissions, if 2 any, were passive and secondary, and that the acts, conduct and 3 omissions of cross-defendants were active and primary; that 4 liability on the part of cross-complainants would be derivative 5 only in that cross-defendants are required to indemnify cross- . 6 complainants in the amount of any judgment, defense, settlement, 7 legal fees, costs of suit, and any other damage which cross- 6 complainants may incur as a result of the action in chief, 9 WHEREFORE, cross-complainants pray for judgment against- 10 cross-defendants, and each of them, as hereinafter set forth. 11 1 . For an express declaration as to the rights of indemnity 12 owing to cross-complainants by each of said cross-defendants. 13 2. For an express declaration that in the event cross- 14 complainants and cross-defendants are found to be proximately and 15 severely liable to plaintiff in the case in chief, cross- 16 complainants are entitled to full and complete indemnity for any 17 and all sums expended to cross-complainants in their defense, 18 preparation, settlement or any judgment which cross-complainants 19 may be required to pay in this. action; or alternatively, that the 20 court enter its judgment respecting the rights of cross- 21 complainants and cross-defendants , and each of them, as to their 22 relative responsibilities under the concepts of comparative 23 = indemnity. 24 3 . For costs of suit incurred herein. 25 26 27 28 H11%1%w JUHN%)ON ATTORNEYS AT LAW -9- 490 9- A90 GRANO AVENUE AXIAND.CALIFORNIA 9A610 14151 9]s-osao 1 4. For such other and further relief as the Court may deem 2 just and �p/rloper. � 3 DATED: `7 J Z > l 1 t/ 1 4 HAIMS, JOHNSON, Mac GOWAN & McINERNEY 7 Thomas McInerney 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 n.ti.tis.1101INSM. 1.�AItt:U 4h\Id\1:12XF.1' Ar1ORNEYS AT LAW -10- 400 10- 400 GRANO AVENUE ARUND.CALIFORNIA"SID 44151 x]1.0500 CLAIM TO: BOARD Ur burLAviovc " . . Instructions to Claimant Return original application to Clerk of the Board 651 Pine St., Room 106 Martinez. CA 94553 A. Claims relating to causes of action for death or"for injury to person or to personal property or growing crops must be presented not later'than the 100th day after the accrual of the cause of action. ' Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of-fFiis form. t!!!t!!!!!!!!t!!!!!!!!!!!!!!!!tt!!!!!!!ltttt!!!!!!!t!!!!ttltttttttltttlt RE: Claim by )Reserved for Clerk's filing stamps . ClEUSTOPHER CAIN and LYNN CAIN ) RECEIVED c/o Haims, Johnson, MacGowan & McInerney Against the COUNTY OF CONTRA COSTA) {MR1 ��r1 or DISTRICT) (Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ indemnity and in support of this claim represents as follows: - S. mien dad tie damage or in3ury occur? Give exact date and fiourf March 27, 1986; 3:40 p.m. -- SEE ATTACHED. i, hTFiere dad tFie damage or nn3ury occur? ZlncIude city and county Marsh Creek Road, .7 miles west of Morgan Territory Road. 3. How bid the damage or in3y occur? (Give iuSl details, use extra sheets if required) The vehicle driven by CHRISTOPHER CAIN, while attempting to avoid debris in the road came into contact with a vehicle driven eastbound by E v7M 11ILLES. 4. What particular act or omission on the part o -county or dastr�ct officers, servants or employees caused the injury or damage? Failure to maintain, control, supervise, manage, design and approve Marsh Creek Road as to prevent the accumulation of debris on the road from the surrounding hillside. (over) 5. What are the names of county or district officers, servants ,or, employees causing the damage or injury? Unknown. 6. W�iat damage or injuries do you claim resuiteGive €uII extent of inj ies or damages claimed. Attach two .estimates for auto damage EDWARD WILLES and JQAN WIIZES have filed a.Carrplaint for Damages (Contra Costa Superior Court Action No. 236931) for personal injuries naming CHRISTOPHER CAIN and LYNN CAIN as defendants. --------------------- 7. How was the amount claimed above computed? (Include the estimate$ amount of any prospective injury or damage. ) EDWARD WILLES alleges present medical bills of $7,303.29 and a wage loss of $7,433.60. 8--- - - - ------------------s ----------------- Names and addresses of-witnesses, doctors and hospitals. Plaintiff MI&M WILLES was hospitalized at Mount Diablo Hospital overnight ($1,419.00) , chiropractic treatment of $1,516.00 and has undergone diagnostic testing as well. The CAWS know of no witness other than CHRISTOPHER CAIN and EDWARD WITT who were involved in the accident. — --"—--- —'*-------------------------------'r----- --------T—'►---- �. —List the ex----ditures you made on account of this accident or ZnOury: DATE__.....,. .:......., . _....�. , .r..€ ITEM AMOUNT =Z 4 a 'A X a• , Attorney`s flees in defense of`thb *LTFc vs. CAIN litigation. { b r I � k i 3 t«««t«#«t •##t##*>�#«#�###«*###t#««t««##«t#«###««###«#«###t«t«««t«tt«ttt«t«# 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 CHRISTOPHER CAIN 4, T CAT Thomas McInerney, Esq. Claimant's Signature Seth J. Schwartz, Esq. c/o Haims Johnson M Gia Halms, Johnson, MacGowan & McInerney � 490 Grand Avenue Oakland, CA 94610 Telephone No. (415)835-0500 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. " THOMAS MCINERNEY, ESQ. SETH J. SCHWARTZ , ESQ. HAIMS, JOHNSON, MacGOWAN & McINERNEY 490 Grand Avenue Oakland, California 94610 (415) 835-0500 CLAIM TO BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY RE; CHRISTOPHER CAIN and LYNN CAIN Attached hereto and marked as Exhibit "A" are Proofs of Service stating that CHRISTOPHER CAIN and LYNN CAIN were served with the Willes vs. Cain Complaint on March 7 , 1987.. Attached hereto and marked as Exhibit "B" is a copy of the CAINS Cress-Complaint. 1. ! AT OF CALIFORNIA,.COUNTY OF CON'i t COSTA (a7i ) SUPERIOR c\\/ ( ' ) MUNICIPAL - % 6 Judicia District ( ) SMALL CLAIMS EDWARD L. WILLES, et al . HRG. DATE VS . CHRISTOPHER ROYCE ,CAIN, et al . CASENO. 296931 I served the D.SUmmonS and Complaint ❑ Other ❑ Petition (Marriage) ❑ Order to Show Cause and Declarations ❑ Subpoena 1. Defendant's name: LYNN CAIN 5. Mailing date, type of mail and place of mailing: 2. Person served and title: AS ABOVE 6. Address, city and state (when required, indicate 3. Person with whom left and title of relationship to whether address is home or business: person served: 4507 CANDYWOOD COURT CONCORD, CA. 4. Date and time of delivery: MARCH 7, 1987 @ 8: 5 8 a.m. ElHome ❑ Business 7. Manner of Service: (Check proper box) Q (Personal service) By personally delivering copies to the person served. (CCP 415.10.) ❑ (Substituted service on corporation, unicorporated association(including partnership),or public entity) By leaving, during usual office hours,copies in the office of the person served with the person who apparently was in charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(a).) ❑ (Substituted service on natural person,minor,incompetent,or candidate)by leaving copies at the dwelling house,usual place of abode, or usual place of business of the person served in the presence of a competent member of the household or a person apparently in charge of his office or place of business, at least 18 years of age, who was informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(b).)(Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence In first attempting personal service.) ❑ (Other — CCP 413.10, 413.30, 417.10-417.30 — Attach separate pages if necessary): ❑ Additional page(s) are attached. B. The following notice appeared on the copy of the summons served (CCP 412.30 or 474): Q You are served as an individual defendant. ❑ You are served as (or on behalf of) the person sued under the fictitious name of: ❑ You are served on behalf of: Under: ❑ CCP 416.10 (Corporation) ❑ CCP 416.60 (Minor) ❑ Other: ❑ CCP 416.20 (Defunct corporation) ❑ CCP 416.70 (incompetent) ❑ CCP 416.40 (Association or partnership) ❑ CCP 416.90 (individual) 9. At time of service I was at least 18 years of age and not a party to this action. 10. Fee for service $ 2 6- f) , Mileage $ , Notary $ Total S 26 . 00 Person serving: a. ❑ California sheriff, marshal, or constable. d. ❑ Not a registered California process server. b. ❑ Registered California process server. e. ❑ Exempt from registration under Bus. & Prof. Code c. 5Employee or independent contractor of a 22350(b). registered California process server. NOTE: Fee for service includes additional reasonable costs necessarily incurred in effecting service as per C.C.P. sec. 1032b. ® Registered: AT.AMFnA County, I declare under penalty of perjury that the foregoing is true Number: QjgP, and correct and tha declaration was executed Process Server For on MARCH * ATTORNEYS MESSENGER SERVICE * at WA NUT C RtZK California. ❑ OF OAKLAND OF CONTRA COSTA 449 15th Street Suite 103 1243 Alpine Rd. Suite 220 Signature: Oakland,CA 94612 Walnut Creek,CA 94596 oil (415)452.4561 (415)937-4561 Name: M VIN CAS STATEWIDE SERVICE PROOF OF SERVICE FOUNDING MEMBER — CALIFORNIA ASSOCIATION OF PHOTOCOPIERS & PROCESS SERVERS Assurance to the Judiciary of Honesty and Integrity of Performance Exhibit___ (VX) SUPERIOR C�'R` OF CALIFORNIA, COUNTY OF CON' COSTA (. )MUNICIPAL - Judici .istrict ( ) SMALL CLAIMS ESWARD L. WILLES, et al . -HRG. DATE- VS. CHRISTOPHER ROYCE CAIN, et al . CASE No. I served the };Summons and Complaint ❑ Other ❑ Petition (Marriage) •❑ Order to Show Cause and Declarations ❑ Subpoena 1. Defendant's name: CHRISTOPHER ROYCE CAIN 5. Mailing date, type of mail and place of mailing: 2. Person served and title: AS ABOVE 6. Address, city and state (when required, indicate 3. Person with whom left and title of relationship to whether address is home or business: person served: 4507 CANDYWOOD COURT CONCORD, CA. 4. Date and time of delivery: MARCH 71 1987 @ 8: 58a.m. &] Home ❑ Business 7. Manner of Service: (Check proper box) (Personal service) By personally delivering copies to the person served. (CCP 415.10.) ❑ (Substituted service on corporation,unicorporated association(including partnership),or public entity) By leaving,during usual office hours, copies in the office of the person served with the person who apparently was in charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(a).) ❑ (Substituted service on natural person,minor,Incompetent,or candidate)by leaving copies at the dwelling house,usual place of abode, or usual place of business of the person served in the presence of a competent member of the household or a person apparently in charge of his office or place of business, at least 18 years of age, who was informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(b).)(Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence In first attempting personal service.) ❑ (Other — CCP 413.10, 413.30, 417.10-417.30 — Attach separate pages if necessary): ❑ Additional page(s) are attached. 8. The following notice appeared on the copy of the summons served (CCP 412.30 or 474): Q You are served as an individual defendant. ❑ You are served as (or on behalf of) the person sued under the fictitious name of: ❑ You are served on behalf of: Under: ❑ CCP 416.10 (Corporation) ❑ CCP 416.60(Minor) ❑ Other: ❑ CCP 416.20 (Defunct corporation) ❑ CCP 416.70 (Incompetent) ❑ CCP 416.40(Association or partnership) ❑ CCP 416.90 (individual) 9. Al time of service I was at least 18 years of age and not a party to this action. 10. Fee for service $ 26 - 00 , Mileage $ , Notary $ Total $ 26 . 00 Person serving: a. ❑ California sheriff, marshal, or constable. d. ❑ Not a registered California process server. b. ❑ Registered California process server. e. ❑ Exempt from registration under Bus. & Prof. Code c. E;Empioyee or independent contractor of a 22350(b). registered California process server. NOTE: Fee for service includes additional reasonable costs necessarily incurred in effecting service as per C.C.P. sec. 1032b. ® Registered: A .AMEDA County, I declare under penalty of perjury that the foregoing is true Number: ONE. and correct and at his declaration was executed Process Server For on M R 9 8 7 * ATTORNEYS MESSENGER SERVICE * at WA T K/_7 �� California. ❑ OF OAKLAND OF CONTRA COSTA t 449 151h Street Suite 103 1243 Alpine Rd. Suite 220 $ignatufe: Oakland,CA 94612 Walnut Creek,CA 94596 oil (415)452-4581 (415)937-4581 Name: VIN CASE STATEWIDE IE PROOF OF SERVICE FOUNDING MEMBER —CALIFORNIA ASSOCIATION OF PHOTOCOPIERS & PROCESS SERVERS Assurance to the Judiciary of Honesty and Integrity of Performance C_ I THOMAS McINERNEY, ESQ. 2 SETH J. SCHWARTZ, ESQ. HAIMS, JOHNSON, MacGOWAN & MCINERNEY . 3 490 Grand Avenue Oakland, California 94610 4 (415) 835-0500 5 Attorneys for Defendants/Cross-Complainants CHRISTOPHER ROYCE CAIN and LYNN CAIN 6 7 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 8 9 EDWARD L. WILLES, et al. , No. 296931 10 Plaintiffs, 11 vs. CROSS-COMPLAINT 12 CHRISTOPHER ROYCE CAIN, LYNN CAIN, et al. , 13 Defendants. 14 / 15 CHRISTOPHER ROYCE CAIN and LYNN CAIN, 16 Cross-Complainants, 17 VS. 18 COUNTY OF CONTRA COSTA, STATE OF 19 CALIFORNIA, and ROES I through C. inclusive, _ 20 Cross-Defendants. 21 / 22 COMES NOW cross-complainants CHRISTOPHER ROYCE CAIN and LYNN 23 CAIN and for causes of action against cross-defendants, and each 24 of them, allege: 25 FIRST CAUSE OF ACTION 26 I. 27 Cross-defendants, ROES I through X, inclusive, are sued --1128 herein under such fictitious names for the reason that their true HAINIS OHNSON. lacl101GL\g)MCINE.R`EY ATTORNEYS AT LAW �t 1 / .YO OR AVENUE �Xh�b `\ 'A NLANO.CALIALL FORNIA w910 h ■` 4415)875.0500 1 names and capacities of cross-defendants, whether individual, 2 corporate, associate or otherwise, are unknown to cross- 3 complainants at this time, cross-complainants are informed and 4 believe, and thereon allege, that each of the cross-defendants 5 designated herein as ROE was negligent or in some manner respon- 6 sible for the events and happenings herein referred to, and by 7 their conduct proximately caused damages to cross-complainants as 8 hereinafter alleged. Cross-complainants will seek leave of court 9 to amend this Cross-Complaint to reflect such true names and 10 capacities when same are ascertained. 11 II. 12 Each of the herein named cross-defendants has been named as 13 a party in the main action designated above, and plaintiff has 14 , alleged that these cross-defendants were negligently responsible 15 for the accident which is the subject of the personal injury 16 claim referred to in plaintiff' s Complaint in the underlying case 17 referenced herein in paragraph VI. 18 III. 19 At all times herein mentioned, each of the named cross- 20 defendants and ROES I through X, inclusive, were and now are 21 residing and/or doing business , and/or licensed to do business 22 within the State of California. 23 IV. 24 Cross-complainants are informed and believe and thereon 25 alleged that at all times herein mentioned each of the above- 26 named cross-defendants was the agent, principal, or employer of 27 each of the other cross-defendants , and was at all times herein 28 HAIMS.JOHNSON. MC IN O'NEY ATTORNEYS AT LAW -2- 490 ORAND AVENUE •ARLAND.CALIFORNIA 94810 (415)B35-0500 1 mentioned acting within the course and scope of said agency and 2 employment. 3 V. 4 Cross-complainants are informed and believe that each of the 5 cross-defendants was engaged in certain acts and omissions 6 complained of, and each of said cross-defendants is joined herein 7 so that the liability can be communicated in a single lawsuit. 8 VI. 9 On February 11, 1987 a lawsuit was instituted in the Superi- 10 or Court, County of Contra Costa, Action No. 296931 , entitled: 11 "WILLES, et al. vs. CHRISTOPHER ROYCE CAIN, et al. " alleging, .12 among other things, that these defendants are liable for 13 plaintiff' s injuries based upon these cross-complainants ' 14 negligence. Solely for the purposes of reference, without 15 admitting the truth of any allegations therein, 16 cross-complainants incorporate herein by reference plaintiff' s 17 Complaint for descriptive purposes only. 18 VII. 19 Cross-complainants, as defendants in the action referred to 20 above, have heretofore answered same, denying the material 21 allegations of the Complaint, and have set up various affirmative 22 defenses . Said Answer is also incorporated herein by reference 23 as though set forth fully herein. 24 VIII. 25 Cross-complainants at all times, deny any and all liability 26 in connection with the action in chief, but in the event plain- 27 tiff establishes negligence or any other liability in connection 28 HAIMS.JOHxsON. with the action in chief, cross-complainants allege that as a ATTORNEYS AT LAW -3- 490 3- 490 GRAND AVENUE - `.AKLAND,CALIFORNIA 94610 14151 635-0500 1 direct and proximate result of the carelessness, negligence, acts 2 or omissions .of cross-defendants, that cross-complainants are 3 entitled to indemnity, contribution and an apportionment of fault 4 of cross-defendants under the principles of comparative negli- 5 gence. 6 IX. 7 An actual controversy now exists between cross-complainants 8 and said cross-defendants, and each of them, as to teh rights of 9 indemnity and comparative negligence owing to cross-complainants 10 by cross-defendants, in that cross-defendants deny that any 11 indemnity obligation exists. A multiplicity of actions will be 12 avoided by resolution of this Cross-Complaint in the same legal 13 action as has been filed by plaintiff herein. 14 WHEREFORE, cross-complainants pray for judgment against 15 cross-defendants, and each of them, as hereinafter set forth. 16 SECOND" CAUSE OF ACTION 17 I. 18 Cross-complainants incorporate herein by reference the 19 allegations contained in the First Cause of Action as though 20 fully set forth herein. 21 II. 22 At all times herein mentioned, cross-defendant, COUNTY OF 23 CONTRA COSTA, was a municipality and public entity .within the 24 meaning of the Government Code of the State of California. 25 III . 26 Cross-complainants have complied with all requirements 27 regarding claims as set out in Government Code §900 et seq. ----, 26 N,tl.vs.JoWNsaN. Cross-complainants have presented a claim as authorized by law to IndA111'AN`&McINERNL ATTORNEYS AT LAW - -4- 490 4- .90 GRANO AVENUE 1AKLANO.CALIFORNIA"510 (415)555-OSW 1 cross-defendant, COUNTY OF CONTRA COSTA and said claim has not 2 been paid and said claim is deemed to be rejected. 3 IV. 4 At all times mentioned, cross-defendants, COUNTY OF CONTRA 5 COSTA and ROES II through XV, were in the possession of, owned, 6 maintained, controlled, supervised, managed, designed and im- 7 proved the area where the accident occurred where plaintiff was 6 injured. Said cross-defendants, and each of them, did at all 9 times herein mentioned, invite the public to use said public 10 roadway. 11 V. 12 At all times herein mentioned, cross-defendant, COUNTY OF 13 CONTRA COSTA, and ROES II through XV, and each of them, negli- 14 gently and carelessly failed to maintain, control, supervise, 15 manage, design and improve Marsh Creek Road at or near its 16 intersection with Morgan Territory Road, in that it failed to 17 maintain and/or design the road in such a manner as to prevent 18 the accumulation of debris on the road from the surrounding 19 hillside to pose a hazard to drivers. 20 VI. 21 Said dangerous, defective and unsafe conditions created an 22 unreasonable, and foreseeable risk of the kind of accident which ---- 23 occurred. 24 VII. 25 Cross-defendants COUNTY OF CONTRA COSTA and ROES XI through 26 XV, and each of them, had actual or constructive notice of said 27 danger, defective and unsafe condition, and that said condition ' _- j 28 had been created by said cross-defendant. Further, said unsafe i,1.CAWIN J?.WINERNEY ATTORNEYS Al LAW —5— AW 5— A90 GRAND AVENUE ARLANO,CALIFORNIA 94610 1615)bas-Osco 1 condition had existed for sufficient time prior to the date of 2 the accident. for cross-defendants, in the exercise of ordinary 3 care, to have discovered and/or repaired said condition. 4 VIII. 5 Cross-complainants are informed and believe and thereon 6 allege that each of the cross-defendants was engaged in certain 7 acts and omissions complained of, and each of said cross- 8 defendants has been joined herein, so that liability can be 9 adjudicated in a single lawsuit with respect to teh events giving 10 rise to the allegations in the Complaint referred to in Paragraph 11 VI. 12 IX. 13 Cross-complainants at all times, deny any and all liability 14 and cross-defendants have been joined herein so that liability 15 can be adjudicated in connection with the action in chief, and in 16 the event plaintiff establishes negligence or any other liability 17 in connection with the action in chief referred to above, cross- 16 complainants allege that their acts, conduct or omissions, if 19 any, were passive and secondary, and that the acts, conduct and 20 omissions of cross-defendants were active and primary; that 21 liability on the part of cross-complainants would be derivative 22 only in that cross-defendants are required to indemnify cross- 23 complainants in the amount of any judgment, defense, settlement, 24 legal fees, costs of suit, and any other damage which cross- 25 complainants may incur as a result of the action in chief. 26 THIRD CAUSE OF ACTION 27 I . 26 Cross-complainants incorporate herein by reference the ":Isis.JOHN50v. 'wWI sNWIaNE[INtY C ATTORNEYS AT LAW -6- 490 GRAND AVENUE '•ANLANO.CALIFORNIA 94810 atm ers-OsOD allegations contained in the First Cause of Action as though 2 fully set forth herein. 3 II. 4 Cross-defendant, STATE OF CALIFORNIA, is, and at all times 5 mentioned, was a soverign State of the United States of America. 6 III. 7 Cross-complainants have complied with all requirements 8 regarding claims as set out in Government Code §900 et seq. 9 Cross-complainants have presented a claim as authorized by law to 10 cross-defendant, STATE OF CALIFORNIA and said claim has not been 11 paid and said claim is deemed to be rejected. 12 IV. 13 At all times mentioned, cross-defendants, STATE OF 14 CALIFORNIA and ROES XXVI through XXX, were in the possession of, 15 owned, maintained, controlled, supervised, managed, designed and 16 improved the area where the accident occurred where plaintiff was 17 injured. Said cross-defendants , and each of them, did at all 18 times herein mentioned, invite the public to use said public 19 roadway. 20 V 21 At all times herein mentioned, cross-defendant, STATE OF , 22 CALIFORNIA, and ROES XXVI through XXX, and each of them, negli- 23 gently and carelessly failed to maintain, control, supervise, 24 manage, design and improve Marsh Creek Road at or near its 25 intersection with Morgan Territory Road, in that it failed to 26 maintain and/or design the road in such a manner as to prevent 27 28 thl.%h.JOINION. RNLY ATTORNEY%AT LAW 490 GRAND AVENUE ,ARLANO.CALWORNIA 94610 4.151 633.0500 the accumulation of debris on the road from the surrounding . 2 hillside to pose a hazard to drivers: 3 VI. 4 Said dangerous, defective and unsafe conditions created an 5 unreasonable, and foreseeable risk of the kind of accident which 6 occurred. 7 VII. 8 Cross-defendants STATE OF CALIFORNIA and ROES XXVI through 9 XXX, and each of them, had actual or constructive notice of said 10 danger, defective and unsafe condition, and that said condition 11 had been created by said cross-defendant. Further, said unsafe 12 condition had existed for sufficient time prior to the date of 13 the accident for cross-defendants, in the exercise of ordinary 14 care, to have discovered and/or repaired said condition. 15 VIII. 16 Cross-complainants are informed and believe and thereon 17 allege that each of the cross-defendants was engaged in certain 18 acts and omissions complained of, and each of said cross- 19 defendants has been joined herein, so that liability can be 20 adjudicated in a single lawsuit with respect to teh events giving 21 rise to the allegations in the Complaint referred to in Paragraph 22 VI. 23 IX. 24 Cross-complainants at all times , deny any and all liability 25 and cross-defendants have been joined herein so that liability 26 can be adjudicated in connection with the action in chief, and in 27 the event plaintiff establishes negligence or any other liability —: 28 in connection with the action in chief referred to above, cross- H,U.iISAOHNSON'. ATTORNEYS AT LAW -8- 490 O- .90 GRAND AVENUE :AKLANG.CALIFORNIA 94810 14151 935-0500 1 complainants allege that their acts, conduct or omissions, if 2 any, were passive and secondary, and 'that the acts, conduct and 3 omissions of cross-defendants were active and primary; that 4 liability on the part of cross-complainants would be derivative 5 only in that cross-defendants are required to indemnify cross- 6 complainants in the amount of any judgment, defense, settlement, 7 legal fees, costs of suit, and any other damage which cross- 6 complainants may incur as a result of the action in chief. 9 WHEREFORE cross-complainants p pray for judgment against 10 cross-defendants, and each of them, as hereinafter set forth. 11 1 . For an express declaration as to the rights 'of indemnity 12 owing to cross-complainants by each of said cross-defendants. 13 2 . For an express declaration that in the event cross- 14 complainants and cross-defendants are found to be proximately and 15 severely liable to plaintiff in the case in chief, cross- 16 complainants are entitled to full and complete indemnity for any 17 and all sums expended to cross-complainants in their defense, t8 preparation, settlement or any judgment which cross-complainants 19 may be required to pay in this- action; or alternatively, that the 20 -- court enter its judgment respecting the rights of cross- 21 complainants and cross-defendants, and each of them, as to their 22 relative responsibilities under the concepts of comparative - - 23 , indemnity. 24 3. For costs of suit incurred herein. 25 26 27 28 ATTORNEYS AT LAW - -9- 490 9- 490 ARANO AVENUE AKLAND.CALIFORNIA 94810 14151 935"0500 1 4. For such other and further relief as the Court may deem 2 just and proper. 3 `7 DATED: �z I 4 HAIMS, JOHNSON, MacGOWAN & McINERNEY 5 6 By: 0.�—�-� 7 Thomas McInerney 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 - 23 24 25 26 27 28 H:vsis.JOHNSON. %LRNLY 10.40 ATTORNEYS AT LAW -10- 490 GRANO AVENUE 1ANLANO.CALIFORNIA 9.610 11151 675-0500 CLAIM t 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 June 23 , 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 vC rnffur)r bode Si;1 Amount: $1, 000, 000. 00 Section 913 and 915.4. Please note all Marron s" CLAIMANT: MAKINE G. HAYNES MAY 2 3 1987 c/o MDS INK/M. Douglas Swan Martinez, CA 94553 ATTORNEY: 1560 Pirie St. #5 Concord, CA 94520 Date received ADDRESS: BY DELIVERY TO CLERK ON May 27 , 1987 hand del. BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 28, 1987 PpHHIL BATCHELOR, Clerk .�� BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) 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: Gated: BY: / �iy�y/ Ar ,ff�6eputy County Counsel Ill. 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 4J() This Claim is rejected in full, (� �) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUN 2 3 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: JUN 2 4 1987 BY: PHIL BATCHELOR by - �IC_-,,Keputy Clerk CC: County Counsel County Administrator CLA,IN' TO: _ BOARD OF SUPER1ISv OF CONTRA COSTA COUNTY r „ InstructiODS to Claimant Return original application tc _.f Clerk of the Board 651 Pine St., Room 106 Martinez. CA 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, Idartinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of-t—Fiis form. RE: Claim by )Reserve '_ stamps Maxine G. Haynes ) RECEIVED 9 Rngp Arhnr Avo _ San PAhln r.A � Against the COUNTY OF CONTRA COSTA) ��yl' MAYo1�1987 ) T 011 or DISTRICT) , (Fillin name ) The undersigned claimant hereby makes claim againstlt�ie0C8��t�►Oof Contra Costa or the above-named District in the sum of $ o and in support of this claim represents as follows: 1+IFien did the damage or ;n3ury occur? ZGive exact date nn3 fiourj April 2 , 1987 , Approx . 9 : 00 PM t5e damage or injury occurude city and 'county] 5929 Rose Arbor Ave . San Pablo CA 94806 3. How did the damage or 1n3ur7occur? 16N;-1 B11detaiNs, use extra sheets if required) I was falsely arrested and falsely imprisoned in my garage for approximately 12 hours , while police ransacked my house 4. what particular act or om�ss�on on the part o county oz diip strict officers, servants or employees caused the injury or damage? False arrest , false imprisonment , intentional and negligent infliction of emotional stress (over) 5•. Whatare the names of county or dtatrict officers, servants or' ' employees causing the damage or injury? See Police Report 87-8040 6. What aamage or injuries do you claim resulted? ZGlve JuII extent of in* ries or damages claimed. Attach two estimates for auto damage) Emotional Stress ----------------------------------------------------------------T-- ;3...7. Bow was the amount claimed above computed? (Include the estimat amount of any prospective injury or damage. ) ----------------------------------------------------------------=-------- B. Names and addresses of witnesses, doctors and hospitals. See Police Report 87-8040 , �S. 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 somerson/on his behalf. " Name and Address of�i��E��� W rn . Z, MDS INK/M. Douglas Swan C1 ant s S nature 1560 Pine Street Suite 5 5929 Rose f.rbor Ave . Concord CA 94520 Address San Pablo ,. CA 94806 Telephone No. 686-9201 Telephone No. n/a 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 >> t�: ;i;3E) BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA _ MAY 2 8 1987 Claim Against the County, or District governed by) B,RaRD.ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June ;, i�7A 45 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: *25 , 000. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: SANDRA JUNE JANSON, GUARDIAN AD LITEM FOR PATRICK NILLIGAN, A MINOR c/o Douglas. G. Lamar ATTORNEY: Attorney At Law 2151 Salvio St. , #333 Date received May 26 1987 hand del . ADDRESS: Concord, CA 94520 BY DELIVERY TO CLERK ON y BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. May 2 8 pH IL BATCHELOR, Clerk DATED: Y , 1987 BY: Deputy 2 'If � L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) 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: A211 �7 �• BY: eputy 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 (JU 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. JUN 2 3 1987 Dated: PHIL BATCHELOR, Clerk, By eputy 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 45.6. -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: JUN 2.4 1987 BY: PHIL BATCHELOR by — eputy Clerk CC: County Counsel County Administrator ' S SANDRA JUNE JANSON, Guardian MAY., Y 1987 Ad Litem for PATRICK NILLIGAN, A Minor. CLAIM FOR PERSONAL INJURIES VS . CITY OF WALNUT CREEK, a Municipal Corporation, COUNTY OF CONTRA COSTA, and EAST BAY MUNICIPAL UTILITY DISTRICT. TO: COUNTY OF CONTRA COSTA YOU ARE HEREBY NOTIFIED that SANDRA JUNE JANSON, Guardian 'Ad Litem for PATRICK NELLIGAN, whose present address is 1331 Ulfinian Way, 3A, Martinez, Contra Costa County, California 94553 claims damages from the County of Contra Costa as of the date of presentation of this claim in the sum of TWENTY FIVE THOUSAND DOLLARS ( $25 , 000 . 00 ) and other amounts not yet ascertained as of the date of this claim. This claim is based upon an incident which occurred on February 17 , 1987 at approximately 8: 30 p.m. at 1241 Homestead Avenue, Walnut Creek, Contra Costa County, California. While walking from 1241 Homestead Avenue to 1251 Homestead Avenue , claimant PATRICK NELLIGAN fell into the cement storm drainage ditch causing him to suffer physical injuries to his body, health, activity and central nervous system. Specifically, claimant' s injuries include broken wrist and chipped and broken teeth, causing claimant great mental and physical pain and suffering. There existed no warning signs indicating the ditch was there ; there was no lighting to make the ditch visible ; nor were there any other safeguards maintained which could have prevented claimant from falling into the cement ditch. The total amount claimed as of the date of this claim is $25 , 000.00. The precise computation of medical expenses incurred and future medical expenses and general damages are unknown as of 1 a' i this date. All notice or other communications in regard to this claim should be directed to: DOUGLAS G. LAMAR ATTORNEY AT LAW 2151 SALVIO STREET, SUITE 333 CONCORD, CA 94520 (415 ) 825-1212 I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Concord, California on day of , 1987 . S NDRA JUNE "SON, rdian Ad Litem for ClaimKnt 2