Loading...
HomeMy WebLinkAboutMINUTES - 06021987 - 1.25 CLAIM _ BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District,jgoverned by) BOARD ACTION the Board of Supervisors, ROC—ing Endorsements, ) NOTICE TO CLAIMANT June 2 , 1987 and Board Action. All Sectio references are to The copy of this document mailed to you is your notice of California Government Vides. } 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 al6,"Warn ings". CLAIMANT: DANIEL L. DUARTE AND BOB ARCHIBALD 0vnty Cov c/o Owen, Melbye & Rohlff �QY ftel ATTORNEY: 700 Jefferson Avenue Redwood City, CA j94603 Date received May `�q �� ''��� ADDRESS: BY DELIVERY TO CLERK ON y ' CA 9!0 o-53 BY MAIL POSTMARKED: May 4, 3987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pp�} gg DATED: May 7 , 1987 BYIL peputyLOR, Clerk L. Hall Ii. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to complyjsubstantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot, act for 15 days (Section 910.8). ,I { ) 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). i ( ) Other: Dated: /1 1 �-7 . County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( Claim was returned as untimelywith n w t once to clamant (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. JUN 0 2 1981 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 in 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 inited States, over age 18; and that today I deposited in the United States Postal Service in Martinez, ,alifornia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to :he claimant la�s►tshown above. Fated: JUN d 1981 BY: PHIL BATCHELOR by eputy Clerk C: County Counsel County Administrator RECEIVED I j CLAIM AGAINST THE COUNTY OF CON RA CIdNA 71987 2 TO county Clerk County of Contra Costa 3 651 Pine Street log Martinez, CA 94553 4 5 Claimants, DANIEL L. DUARTE and BOB ARCHIBALD, 6 hereby make a claim against the County of Contra Costa for 7 indemnification and/or comparative negligence. Claimant was 8 served with a summons and first amended complaint on April 1, 9 1987, filed in the Superior Court, County of Contra Costa, 10 State of California, on March 20, 1987. A copy of said 11 complaint is ,attached hereto as Exhibit "A" . Claimant believes 12 that if, in fact, plaintiff therein suffered any damages as set 13 forth in his complaint, said damages were directly and 14 proximately caused by the tortious acts or omissions of the , 15 County of Contra Costa. Claimant makes the following statement 16 in support of this claim: 17 18 1. Claimants ' addresses are : Daniel L . Duarte Bob Archibald 19 1215 Garcia Ranch Road P. 0. Box 338 Martinez, CA 94553 Danville, CA 94526 20 21 2. Notices concerning this claim should be sent to: Owen, Melbye & Rohlff 22 700 Jefferson Avenue 23 Redwood City, California 24 3. The date giving rise to this claim is April 25 1, 1987, when claimant was served I with the plaintiff 's 26 complaint for personal injury sustained June 12, 1986 pursuant 27 to the automobile accident which occurred on Alhambra Valley 28 MELOYE&ROHLFF SSIONAL CORPORATION EFFERSON AVENUE WOOD CITY,CALIF 354T" Road at or about 200 feet east of Ferndale road in Contra Costa 1 2 County. 3 4 5 . 4 . The circumstances giving rise to this claim 6 are as follows: 7 8 a) If, in fact, plaintiff suffered any 9 damages as a :result of the alleged work performed as referred 10 to in Section 3, above, said damages are the direct and 11 proximate result of the negligence and carelessness of the 12 County 'of Contra Costa by and through the acts of their agents, 13 representatives and employees. 14 15 b) As of this date, claimant is unable to 16 determine the value of said claim as he have not received 17 adequate proof from the plaintiff, nor do they know the full 18 measure of liability as to the claimant, if any. 19 20 c) The names of the public employees, 21 agents, or representatives causing claimant's damages are 22 presently unknown. 23 24 Dated: May 1 , 1987 25 OWEN,r-,MELBYE & LF 26 --fbnUND M. SCOTT, Attorney 27 fl6i Defendant/Cross- Complainant, DANIEL L. 28 DUARTE ,N,MELBYE&ROHLFF :ESSIONAL CORPORATION JEFFERSON AVENUE DWOOD CITY,CALIF 3644500 AMENDED COMPLAINT SUMMONS ON FIRST (CITACION JUDICIALI f0a coo"U"Ofty NOTICE TO DEFENDANT. (Ai4so jAmsado) COW AU4&WJW 1A C0014f, DANIEL L. DUARTE, BOB ARCHIBALD, `OUNTY OF CONTRA COSTA, BELLA CHUNA, and DOES 1 through 30 , inclusive, YOU ARE BEING SUED BY PLAINTIFF: A Vd. k esti demandando) !ENNETH J. MERCURE You hinm 30 CALENDAR DAYS after Via sum. Dtspu& de que k twfmgum esu dfmMn judicial usted mons is &*rv*d on you to file a typ*wdtten m. tient un piazo de 30 DLAS CALENDARIOS para prewntar apon" at We court. um mpuests emrfta a miquina en este cor(c. A letter or phone call will not protect you;Vow Una carta o arns ftimadi teWnks no k ofrerra typowfton response numt be in proper 1&9*1 pro(rcri&k, su wipuega escri(i a m4quinj time que form H you want the court to hear Your ease. cumPtir con Lits (omulididm kg les apropiadas si usted i Ur Im curie rscucbe SU Casa you do not fide your response on tiros.you rrmy qumm q Ica*the case.and your wages. nxx-wy 4rW pro- Si usted no prewnts su.wspuesta a fkmpq puede perder perty may be taken without furttw warnimQ from ef"sa Y kpw4en quitir su silaria su dinevo V ofrai cous OW court. de xv prop4did tin imiso adkional por parte de le coac. There are other legal mQuiremants. V6u may fxWen ottm mquisftos kgakm Puede oTur usted qukrit want to eel an attorney right sway.lf "do not VIOU AUnur a un ibogado innx-dijummle. St no catwr a un know an attorney.you may cat an attorney War- abogsda porde )tenser a un wrvkio de n4emocis de rd service or a rugal aid office tasted in the,phone &bo a mim oficim dozyu&kSd(*w W,ditraorio book). CAM k*AAUk name and address of the court 1m: 91 nombre V di eccim de to come es) 294903 'ERIOR COURT OF CALIFORMLA,COL TY Of C 0 NTRA C 0 STA trT ACMSS725 Court "Street 04 ADM SS P. 0. Box 911 0V zV com bar.tin.eit, California 94553 arrm addm$46. a;-- "Aonx* numow anomey. or oteintiff without an &"offwv. is: "bre. Is dimccoda Y ei njawo de ackmono del, 404 demandante, a del demandan:r que no orne abqgado. es) (DE I . BUTTS 4 OFFICES OF 14ARRACCINI & BUTTS ?5 Alpine Road, Suite 204 .nut creek, CA 94596 .ephone: (415) 943-1850 J.R. OLS'S(LN_,, MAR 2 0 1987 Clerk by % Deputy tMT= TO TW PEfMM SERM: %u wo served I ry I I_- I as an Individual defendant. 2. rml as the person sued under the fictitious name of ISPOCNYJ: 3. M on b~of (spec* under CCP,416.10 4corporstioni CCP 416.60 In*xxi CCP 416.30 Wefunct corpm&tjonj CCP 416.70 fconservatoof CCPA16.40(association or partnership) CCP 416.90 firWiv;duef) 00%&r 4. personal d*, Qvwv ast bw Wft eat PROOF OF SERVICE -- SUMMON„ ! tease separate proof of servke for each person sarvedl t. i served the ' •a. Q summons Q complaint Q amended summons Q amended complaint 0 completed and'blank Case Questionnaires Q Other (specify!: b. on defendant home): c. by serving Q defendant Q other !name end title or relationship to parson served): d. Q by delivery Q at home Q at business (1l date: (2) time: (3) address: e. QQ by mailing (1) data: 12) place: 2. Manner of service !check propel box): a. R Personal service, By personally delivering copies. (CCP 415.10) b Substhuted service on corporation, unincorporated association (including partnership), or public entity. By lea% during usual office hour . copies in the office of the person served with the person who apparently was in ch and thereafter mailing (by first-class mail,postage prepaid)copies to the person served at the place where the ccs were left. (CCP 415.20W) C. Q Substituted service on natural person. minor. conservatee, or candidate. By leaving copies at the dwelling ho usual place of abode, or,,'usual place of business of the person served in the presence of a competent membi. the household or a person apparently in charge of the office or place of business, at least 18 years of age,who informed of the general nature of the papers, and thereafter mailing (by first-class mail. postage prepaid)topic the person served at the place where the copies were left,(CCP 415.20(b)) /Attach separate declaration or sffid stating acts Ap"d on to�iestablish reasonable diligence In first attempting personal service_) d. Q Mail and acknowledgment service. By mailing (by first-class mail or airmail, postage prepaid) copies to the per served, together with two copies of the form of notice and acknowledgment and a return envelope,postage prep addressed to the sender?' (CCP 415.30) !Attach completed ocknowAodgmant of receipt.! a Q Certified or registered mill service. By mailing to an address outside California (by first-class mail, postage prep,- requiring a return receipt)icopies to the person served. tCCP 415.40) (Attach sr'gnedmturn receipt orathetavidor: of actual do fvwy to tho person servsd.l f. Q Other !specify code section): 0 additional page is attached. 3. The **Notice to the Person Served" (on the summons) was completed as follows (CCP 412.30. 415.10, and 474): a. Q as an individual defendant. i b. Q as the person sued under the fictitious name of lspecifyl: c. Q on behalf of tspecifyl: under. CCP 416.10 (corporation) Q CCP 416.60 (minor) [Q other. RCCP 416.20 (defunct corporation) Q CCP 416.70 fconservatee) Q CCP 416.40 (association or partnership) Q CCP 416.90 (individual) d. 0 by personal delivery on %dare!: 3 4. At the time of service i was at least 16 years of age and not a party to this action. 5. Fee for service: 6. Person serving: a. Q California sheriff. marshal, or constable. f. Name, address and telephone number and,if applicat' b Registered Califomia process server. county of registration and number: C. Employee or independent�!,contractor of a registered California process server. d. R Not a registered California process server. a Exempt from registration under Bus. & Prof. Code 22350(b). 1' I declare under penalty of perjury under the laws of the State trot California sheriff, marshal or constabJe use only/ of California that the foregoing is true and correct. I certify that the foregoing is true and correct. Date: Date: • e4w:rv�r!y .Gn.N.IIInI! i 1 CLYDE I. BUTTS LAW OFFICES OF MAiRRACCINI & BUTTS 2 1225 Alpine Road,�,, Suite 204 ► Walnut Creek, CA ;94596 3 (415 ) 943-1850 MAR 201SS7 4 Attorneys for Plaintiff f?. 6 7 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA r 8 9 KENNETH J. MERCURE, No. 294903 10 (' Plaintiff, V. FIRST AMENDED COMPLAINT_ 12 DANIEL L. DUARTE, rBOB 13 ARCHIBALD, COUNTYjiOF t CONTRA COSTA, BELLA 14 CHUNA, and DOES 1 �' through 30, inclusive, 15 Defendants. ! 16 1 i 17 Plaintiff alleges; t 18 GENERAL ALLEGATIONS 19 1. At all times herein mentioned, plaintiff KENNETH J. i 20 MERCURE was and is now a resident of Contra Costa County, ?1 California. 22 2. Plaintiff is informed and believes and thereon alleges r. 23 that at all timesherein mentioned, defendant DANIEL L. DUARTE 1 24 thereinafter DUARTE) was and is now a resident of Contra Costa 25 County, California,, and was and is the owner of a 1973 Peterbilt 26 orange dump truck,?' bearing California license No. Z17863 . 27 3. Plaintiff,, is informed and believes , axed thereon alleget:' 28 that at all times herein mentioned defendant: T1013 ARCHIBALD i t Mt•11\ 111111 111. � ` w.C'A 11.iV1 I (hereinafter ARCHIBALD) was and is now a resident of Contra Costa 2 County, California, and was and is the owner of a 1979 Reliance 3 65-foot white pull trailer, bearing California license No. 4 VV4766. 5 4. At all ',times herein mentioned, defendant COUNTY OF ii G CONTRA COSTA (hereinafter COUNTY) was and is now a political u 7 subdivision of the State of California. 8 5. The true names and capacities, whether individual, 9 corporate, associate, or otherwise, of defendants DOES 1 through I' 10 30, inclusive, are unknown to plaintiff, who therefore sues such 11 defendants by such fictitious names. Plaintiff will amend this I 12 complaint to allege their true names and capacities when ai 13 ascertained. Plaintiff is informed and believes and thereon i! 14 alleges that each of the defendants designated as a DOE is 15 negligently responsible in some manner for the events and 16 happenings referred to herein, thereby proximately causing j 17 injuries to plaintiff, as hereinafter alleged. 18 6. At all times herein mentioned, defendants DOES 1 through i 19 30, and each of them, were the agents, servants, and employees of 20 each of their co-defendants, and in doing the acts and things P 21 hereinafter alleged, acted within the scope of their authority as 22 such agents, servants, and employees, and with the knowledge, 23 consent, and authorization of each of their co-defendants. 24 7. At all times herein mentioned, Alhambra Valley Road, 25 approximately 200i' feet east of Ferndale Road, was and is a public t 26 roadway traversing in an east - west direction in an 27 unincorporated portion of Contra Costa County, California. uso� 28 8. On or about June 12, 1986, at approximately 5: 55 p.m. , p STI 71N ai I plaintiff was oPerating his vehicle, a 1984 Chevrolet Camara Z28, } 2 bearing California license No. 1KQT903 in an easterly direction 3 on Alhambra Valley Road, approximately 200 feet east of Ferndale 4 Road, in an unincorporated portion of Contra Costa County, 5 California. i I G 9. On or about June 12, 1986, at approximately 5:55 p.m. , i 7 defendant DUARTE was operating a certain 1973 Peterbilt orange I! ; 8 dump truck, California license No. Z17863 with a 1979 Reliance j 9 65-foot trailer, California license No. VV4766, owned by i I 10 ARCHIBALD, attached thereto, in a westerly direction on Alhambra 11 Valley Road, in an unincorporated portion of Contra Costa 12 County, California. 13 10. Plaintiff is informed and believes and thereon alleges 14 that at all times herein mentioned, Alhambra Valley Road was and 15 is under the control and care of defendant COUNTY and DOES 1 16 through 10, and each of them, and that said defendants are 17 responsible for posting warning and speed limit signs, for 18 insuring that the 'iroadway is progeny and adequately designed and � 1 19 maintained, and for maintaining the roadway in such a manner that 20 it is free from obstacles which obstruct vision. 21 11. Pursuant to Government Code section 910, plaintiff 22 filed a claim for personal injuries. A copy of said claim is ?3 attached hereto ast Exhibit "A' and incorporated herein by 24 reference. Said claim was rejected by defendant COUNTY on i. 25 October 7, 1986. 26 12. All damages complained of herein are in excess of the 21 minimum jurisdictional limits of this court. Plaintiff prays 21, leave to amond this contplai.nt to state thc3 coo roct amount of r a. 1 damages when ascertained. 2 FIRST CAUSE OF ACTION 3 (Negligence Against Defendants DUARTE, ARCHIBALD and DOES 11 4 through 15 ) 5 13. Plaintiff refers to paragraphs 1 through 9, inclusive, 6 and paragraph 12 of the General Allegations, and by this 7 reference incorporates them herein as though fully set forth. 8 14. On or about June 12, 1986, on Alhambra Valley Road, 9 approximately 200! feet east of Ferndale Road, defendants DUARTE, io ARCHIBALD and DOES 11 through 15, and each of them, so 11 negligently and carelessly drove, operated, controlled, 12 entrusted, repaired and maintained a certain 1973 Peterbilt dump 13 truck with a 1979! Reliance 65-foot trailer attached thereto, so I 1 1 14 as to cause said dump truck and trailer to cross over the center 15 dividing line and !collide with the vehicle operated by plaintiff, 16 thereby proximateiy. causing injuries and damages to plaintiff, as 1 17 hereinafter alleged. 18 15. As a direct and proximate result of defendants' , and 19 each of their, negligence and carelessness, and the resulting 20 collision, as, here,in alleged, plaintiff was injured in his 21 health, strength, and activity, sustaining severe and permanent 22 injury to his body and shock and injury to his nervous system and 23 person, including,,, but not limited to, a comminuted fracture of 24 the right ankle requiring open reduction surgery, a fracture of 25 the left 'hip, and 'contusions, lacerations, and abrasions over his 26 entire body, all of which have caused plaintiff extreme physical , 27 mental, and nervous pain, all to his damage, according to proof. A?-Of 16. As a further direct and proximate result of r I defendants' , and', each of their, negligence and carelessness, and 2 the resulting collision, as herein alleged, plaintiff was 3 required to and did employ physicians and surgeons for medical { 4 examination, care, and treatment of his injuries, thereby incur- . a' , 5 ring medical expenses in an amount yet to be ascertained, all to 6 his damage, according to proof. 7 17. As a further direct and proximate result of g defendants' , and �ieach of their, negligence and carelessness, and 9 the resulting collision, as herein alleged, plaintiff will be t() required to employ physicians and surgeons for medical i, 1t examination, care, and treatment in the future, and will thereby 12 incur further medical expenses, all to his damage, according to 3 proof. r, 14 18. As a further direct and proximate result of i 15 defendants` , and each of their, negligence and carelessness, and 1 IG the resulting collision, as herein alleged, plaintiff has 17 suffered and continues to suffer a loss of wages and income, the 18 exact amount of which is unknown, all to his damage, according to 19 proof. 20 19 . As a further direct and proximate result of 21 defendants' , and each of their, negligence and carelessness, and 22 the resulting collision, as herein alleged, plaintiff 's vehicle, 23 valued at approximately $11, 800 was totally destroyed, thereby 24 leaving plaintiff 'without a vehicle and forcing him to purchase li 25 alternative means ;of transportation, all to his damage, according 26 to proof. 27 20. As a furthor diz-ect and proximate rosul is of defendant_^., �y2n and each of their negligence, and the resulting collision, as Of is I herein aileged, 'plaintiff has lost the use of his vehicle for an { 2 indefinite period, and has thereby been forced to purchase 3 alternative means of transportation, all to his damage, according j to proof. 5 WHEREFORE, plaintiff prays judgment as hereinafter set G forth. 7 g SECOND CAUSE OF ACTION 4 9 (Negligence against COUNTY and DOES 1 through 10) 10 21 . Plaintiff refers to paragraphs 1 through 12, inclusive, ll of the General Allegations and paragraph 14 of the First Cause of 1 12 Action, and by this reference incorporates them as though fully 13 set forth herein. 14 22. On June 12, 1986, and at all times prior thereto, fi 15 Alhambra Valley Road, including the curved portion of the roadway 16 approximately 200 feet east of Ferndale Road was in a dangerous 17 condition which created a substantial risk of the type of injury i 18 herein alleged when it was used in a reasonably foreseeable 11 19 manner. Plaintiff is informed and believes and thereon alleges 20 that said public roadway was not constructed in accordance with 21 approved design plans, but rather was constructed with an 22 inadequate roadway width, inadequate and unsafe roadway shoulders 23 and without bicycle lanes, thereby making it impossible for a 24 driver travelling in either direction upon the roadway to avoid 25 crossing over the center dividing line when passing bicyclists 26 using said roadway. 27 23. Defendant COUNTY and DOES 1 through 10, and each of 211 them, had actual kiiowl/)c1go of tho ox utoncci of tho condi t.l.on and I A I♦ «I.1'1% X. i 1 knew, or should have known, of its dangerous character a 2 sufficient amount of time prior to June 12, 1986, to have taken 3 measures to protect against said dangerous condition. i 4 24. As a direct and proximate result of the dangerous 5 condition of the , curved portion of Alhambra Valley Road, b approximately 200 feet east of Ferndale Road, defendant DUARTE, 7 as operator of said vehicle, in attempting to avoid bicyclists 8 using said roadway, was unble to keep the combination of vehicles 4 i 9 owned by defendants DUARTE, ARCHIBALD and DOES 11-15, and each of I' 10 them from crossing over the center dividing line and colliding 11 with plaintiff's %vehicle, as hereinabove alleged. 12 25. As a direct and proximate result of defendant COUNTY ii 1 13 and DOES 1 throu "h 10, and each of their, negligence and { 14 carelessness, and the resulting collision, as herein alleged, j 15 plaintiff was inj'tired in his health, strength, and activity, r r 16 sustaining severe, and permanent injury to his body, and shock and ' 17 permanent injury to his nervous system and person, including, but 18 not limited to, a;. comminuted fracture of the right ankle 19 requiring open reduction surgery, a fracture of the left hip, and 20 contusions, lacerations and abrasions over his entire body, all 21 of which have caused plaintiff extreme physical , mental , and r 22 nervous pain, all to his damage, according to proof. 23 26. As a further direct and proximate result of 24 defendants' , and each of their, negligence and carelessness, as 25 herein alleged, and the resulting collision, plaintiff was 26 required to and did employ physicians and surgeons for medical 27 examinations, care, and treatment of his injuries, thereby tri incurring medical expenses in an amount yet to be ascertained, Ivt S iN \i a iti'Pi♦ ' i s f• i4•.'I. • ,I tiI • all to his damage,, according to proof. 2 27. As a further direct and proximate result of defendants' , and each of their, negligence and carelessness, as 4 herein alleged, and the resulting collision, as herein alleged, i' 5 plaintiff will be, required to employ physicians and surgeons for b medical examination, care, and treatment in the future, and will �E 7. thereby incur further medical expenses, all to his damage, g according to prooIf. x g 28. As a further direct and proximate result of 10 defendants ' , and each of their, negligence and carelessness, and 11 the resulting collision, as herein alleged, plaintiff has 12 suffered and continues to suffer a loss of wages and income, the i3 exact amount of which is unknown, all to his damage, according 14 to proof. 15 29. As a further direct and proximate result of I 6 defendants' , and each of their, negligence and carelessness, 17 alleged, and the resulting collision, as herein alleged, u ig plaintiff's vehicle, valued at approximately $11, 800 was totally i 19 and completely destroyed, thereby leaving plaintiff without a I' 20 method of transportation and forcing plaintiff to purchase 7 21 alternative means ' of transportation, all to his damage, according 22 to proof. , 1 23 30. As a further direct and proximate result of defendants, 24 and each of theirl'negligence, and the resulting collision, as 25 herein alleged, plaintiff has lost the use of his vehicle for an , I 26 indefinite period; and has thereby been forced to purchase { j 7 27 alternative means of transportation, all to his damage, according ?at to proof. 1 WHEREFORE, plaintiff prays judgment as hereinafter set 1 2 forth. I j THIRD CAUSE OF ACTION 4 (Negligence Against COUNTY and Does 1-10) 5 31. Plaintiff refers to paragraphs 1 through 12, inclusive, G of the General Allegations and paragraph 14 of the First Cause of 1' 7 Action, and by this reference incorporates them as though fully i 8 set forth herein.1' i 9 32. On June; 12, 1986, and at all times prior thereto, j tU Alhambra Valley Road, including the curved portion of the roadway I' I 11 approximately 200�ifeet east of Ferndale Road, was in a dangerous tit condition which created a substantial risk of the type of injury 1' 13 herein alleged when the property was used in a manner that was 14 reasonably foreseeable that it would be used. Trees, shrubbery 15 and vegetation on; property adjacent to said public roadway were 16 overgrown, resulting in tree limbs and branches overhanging the I 17 curved portion oV the roadway, and shrubbery branching out into r !8 the curved portion, of the roadway. i 19 33. Defendants COUNTY and DOES 1 through 10, and each of 20 them, had actual knowledge of the existence of the condition and 21 knew, or should have known, of its dangerous character a 22 sufficient amountiof time prior to June 12, 1986, to have taken 23 measures to remedy the dangerous condition created by the 24 overgrown vegetation and overhanging tree branches. L 25 34. As a direct and proximate result of the visual 26 obstruction and dangerous condition created by the overgrown 27 shrubbery, vegetation and trees, as hereinabove alleged, i 711 plaintiff, as he ent er(ul tho corvod portion of tho r.ondwny, If M1'1 l♦ li ' I ' I i a I approximately 200 feet east of Ferndale Road, was unable to see 2 the vehicle operated by defendant DUARTE. The combination of 3 vehicles owned by defendants DUARTE, ARCHIBALD and DOES 11-15, i; I 4 and each of them; had crossed over the center dividing line and 5 was traveling on�, the wrong side of the road, as hereinabove i 6 alleged. Because plaintiff was unable to see said vehicle 7 approaching on the wrong side of the road, he was unable to i 8 avoid the hereinabove alleged collision. 9 35. As a direct and proximate result of the dangerous ' i 10 condition created by the overhanging tree branches, overgrown 11 shrubbery and vegetation, the visual obscurement created there, i 12 and the resulting collision,, as hereinabove alleged, plaintiff 13 has suffered the !'aforementioned damages, including, but not 14 limited to, serious and permanent bodily injury, hospital and 15 medical expenses,'.' future hospital and medical expenses, loss of 16 wages and income, , property damage, and use of loss of use of 17 property, all to his damage, according to proof. 18 WHEREFORE, plaintiff prays judgment as hereinafter set 19 forth. u 20 21 FOURTH CAUSE OF ACTION 22 (Negligence against COUNTY and DOES 1 through 10) i 23 36. Plaintiff refers to paragraphs 1 through 12, inclusive, 24 of the General Allegations and paragraph 14 of the First Cause of t 25 Action, and by this reference incorporates them as though fully 26 set forth herein. 27 37. On June J 2, 1966, and at all times prior thereto, Ka 211 Alhambra Va l loy Rt n(), Including tho ctirvod portion of tho rondw.iy 1 1 Y1 I A DDS il� �l • 5, j I approximately 200 feet east of Ferndale Road, was in a dangerous 2 condition which created a substantial risk of the type of injury 3 herein alleged when the property was used in a reasonably 4 foreseeable manner. Because Alhambra Valley Road, including the ii 5 curved portion of the roadway approximately 200 feet east of 6 Ferndale Road, was constructed with an inadequate roadway width, ii 7 inadequate and unsafe roadway shoulders, and without bicycle s 8 lanes, defendants, COUNTY and DOES 1 through 10, and each of 9 them, should have posted, in each direction upon said roadway, t 10 speed limit signs advising motorists to travel at a speed less j 11 than the legal speed limit, and warning signs advising motorists ! 12 to use caution wh,`en entering the curved portion of said roadway ti i 13 in the event oncoming vehicles were forced to cross over the ! 14 center dividing 13!ine in order to avoid bicyclists using said 15 roadway. There were no warning signs of such facts posted in the 16 east or westbound�, directions, and such danger would not be 17 reasonably apparent to and would not have been anticipated by a 18 motorist using said roadway with due care. f,. 19 38. Defendant COUNTY and DOES 1 through 10, and each of 20 them, had actual knowledge of the existence of the condition and a 21 knew, or should have known, of its dangerous character a 2L sufficient amount; of time prior to June 12, 1986, to have taken 23 measures to remedy the dangerous condition. 24 39. As a direct and proximate result of the dangerous 25 condition created� by defendant COUNTY and DOES 1 through 10, and 26 each of their failure to post appropriate warning signs as 21 hereinabove alleged, plaintiff entered the curved portion of the 1. 28 roadway approximately 200 feet east of Ferndale Road travelling I at a speed less �than the legal speed limit, unaware that 2 bicyclists were 'using said roadway, and unaware that oncoming 3 traffic, specifically the combination of vehicles operated by 4 defendant DUARTE and owned by defendants DUARTE, ARCHIBALD and 5 DOES 11-15, and !each of them, would be forced to cross over the 0 center dividing line in order to avoid the bicyclists. Because 7 there were no warning signs posted, plaintiff was unaware that an 8 oncoming vehicle' , may be required to cross over the center 9 dividing line into his path of travel, and was therefore unable to to avoid the hereinabove alleged collision. 11 40. As a direct and proximate result of defendant COUNTY il 1 12 and DOES 1 through 10, and each of their failure to post warning 1i signs, warning of the dangerous condition of the curve, and the 14 resulting collision as hereinabove alleged, plaintiff has 15 suffered the aforementioned damages, including, but not limited 16 to, serious and permanent bodily injury, hospital and medical 17 expenses, future hospital and medical expenses, loss of wages and 18 income, propertydamage, and loss of use of property, all to his 19 damage, according to proof. 20 WHEREFORE, plaintiff prays judgment as hereinafter set 21 forth. 22 23 FIFTH CAUSE OF ACTION 24 (Negligence against. COUNTY and DOES 1-10) 25 41. Plaintiff re. alleges paragraphs 1 through 12, inclusive 26 of the General Allegations, and paragraph 14 of the First Cause 1i of Action, and byl, this reference incorporates them as though fully forth lwwio I it. 'It. "I 111 1 42; Plaintiff is informed and believes and thereon alleges 2 that at all times herein mentioned, defendants COUNTY and DOES 1 3 through 10, and each of them, had a duty to inspect its public 4 roadways within the county, including Alhambra Valley Road, for 5 visual obscurements created by artificial conditions such as 6 overhanging treelimbs and branches and overgrown shrubbery, and 7 upon finding such conditions, take the appropriate steps to 8 remove the visual obscurements created thereby. 9 43. Plaintiff is informed and believes and thereon alleges 10 that defendants COUNTY and DOES I through 10, and each of them, 11 were so negligent and careless in their inspection of public 12 roadways in the county such that Alhambra Valley Road near 13 Ferndale Road was not inspected, and the visual obscurements 14 created by the overhanging branches and limbs and overgrown 15 shrubbery as her4'in alleged, were not discovered, nor were the 16 proper steps taken by defendants to remove the visual 17 obscurements. is 44. As a 4rect and proximate result of defendants, and 19 each of their negligence In failing to inspect and discover 20 visual obscurements on Alhambra Valley Road, plaintiff was unable 21 to see the oncoming vehicles operated by defendant DUARTE, and 22 owned by defendants DUARTE, ARCHIBALD and DOES 11-15, and each of 23 them, and therefore was unable to avoid the collision as herein 24 alleged. 25 45. As a direct and proximate result of defendants COUNTY 1 20 and DOES 1-10, and each of their negligence, and the resulting 2) collision, as herein alleged, plaintiff has suffered the 211 afornmentionod dan,:!agos, Including, Imit not limited to, noriou.". 1 and permanent bodily injury, hospital and medical expenses, 2 future hospital and medical expenses, loss of wages and income, 3 property damage and loss of use of property, all to his damage, q according to proof. 5 WHEREFORE, plaintiff prays judgment as hereinafter set 0 forth. 7 SIXTH CAUSE OF ACTION 8 (Negligence !'against BELLA CHUNA and DOES 16 through 20. ) r paragraphs es 46. Plaintiff realleg 9 g1 through 12 inclusive i 7 10 of the General Allegations and paragraph 14 of the First Cause of 1! ` 11 Action, and by this reference incorporates them as though fully i j'. 12 set forth herein. I I 13 47. Plaintiff is informed and believes, and thereon 14 alleges, that at all times herein mentioned BELLA CHUNA 15 (hereinafter CHUNA) and DOES 16 through 20, and each of them, 16 were and are now the owners and occupants of certain real I' 17 property adjacentlito Alhambra Valley Road, known as Parcel Number 18 362-240-04. 19 48. As owners and occupants of said property, defendants j 20 CHUNA and DOES 16through 20, and each of them, had control and 21 possession of the property and were responsible for the 22 maintenance of the landscaping on said property, including the 23 landscaping at the curved portion of Alhambra Valley Road, 24 approximately 200 ,feet east of Ferndale Road. 25 49. Defendants CHUNA and DOES 16 through 20, and each of ; 26 them, so negligently maintained the landscaping at Alhambra t 27 Valley Road, approximately 200 feet east of Ferndale Road, so as 7M to pormit the trop hraiirhon, shrubbery And ot.110r vogotation to its •rit% +d %if yos —14— C,% l j obstruct- the visibility of eastbound and westbound motorists 2 approaching the curved portion of said roadway. 3 50. As a direct and proximate result of the negligent q landscape maintenance by defendants CHUNA and DOES lb through 20, S and each of them,{, plaintiff was unable to see the oncoming 6 combination of vehicles operated by vehicle operated by defendant ,I 7 DUARTE, and owned by defendants DUARTE, ARCHIBALD and DOES .1-15, i g and each of them,l and was therefore unable to avoid said i 9 collision, as hereinabove alleged. 10 51 . As a direct and proximate result of the negligent } ti landscape maintenance, the visual obstruction created thereby, 1 12 and the resultingcollision, as hereinabove alleged, plaintiff i3 has suffered the aforementioned damages, including, but not 14 limited to, serious and permanent bodily injury, hospital and I 15 medical expenses, , future hospital and medical expenses, loss of 16 wages and income, property damage, and loss of use of property, 17 all to his damage; according to proof. ig WHEREFORE, plaintiff prays ,judgment against defendants � 19 DANIEL DUARTE, BOB ARCHIBALD, COUNTY OF CONTRA COSTA, BELLA i LO CHUNA, and DOES 11through 30, and each of them, for: 21 First Cause of Action: 2L 1 . General damages, according to proof; 23 1 2. Special damages, according to proof; 24 Second Cause of Action: 25 3. General damages, according to proof; 26 4. Special damages, according to proof; Third Cause of Action: Ito-cordinq to 1)1 ()( 11 ; 1 6. Special damages, according to proof; 2 Fourth Cause of .,Action: 3 7. General damages, according to proof; 4 8. Special damages, according to proof; 5 Fifth Cause of Action: 0 9. General damages, according to proof; 7 10. Special damages, according to proof; g Each Cause of Action: 9 11. Prejudgment and post judgment interest, according to 10 law; 11 12. Costs of suit incurred herein; 12 13. Such other relief as the court deems just and proper. 13 Dated: March Lam, 1987 LAW OFFICES OF MARRACCINI & BUTTS 15 16 BY CLYDE I. BUTTS ' 17 CLYDE I . BUTTS, Attorney for Plaintiff 38 19 20 21 i 22 23 24 i 25 26 f i lk ter t xr i i. r 1 PROOF OF SERVICE 2 f declare that: 3 I am employed in the county of San Mateo, California. 4 1 am over the age of eighteen years old and not a party to 1 S the within cause; G My place 'of business is 700 Jefferson Avenue, Redwood City, 7 California, 94063 . B On May L�s 1987 I LINDA GOOGOOIAN, mailed the 9 within CLAIMI'AGAINST THE COUNTY OF CONTRA COSTA 10 11 on the partiesin said cause, as stated below: I 12 CLYDE I. BUTTS LAW OFFICES OF MARRACCINI & BUTTS 13 1225 Alpine Road, Suite 204 Walnut Creek, CA 94596 14 County Clerk 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 that the foregoing is 25 true and correct, and this declaration was executed on 26 May 4, 1987 at Redwood City, CA LINDA GOOGOOIAN 27 (Type or Print Name) ' (Signature) 28 I. NELlTE 6 ROMLFF ESSIONAL CONrOXATION isrreasam.ve"ut MOO CITY.CWur. as�•ssoa i', !� 1,-2,5 CLAIM BOARDj.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 2 , 1987 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified j Section 913 and 915.4. Please note all CO&V11 !YC. CLAIMANT: DANIEL L. DUARTE �; �U7sej c/o Owens , Melbyej & Rohlff A Y ATTORNEY: 700 Jefferson Ave:' Marti,?ez 198 Redwood City, California 946Wte received CA 9 ADDRESS: BY DELIVERY TO CLERK ON May 7, 1987 4553 i! BY MAIL POSTMARKED: May 4, 1987 P 128 929 092 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 7, 1937 IL gATCHELOR, Clerk � Y I( �: Deputy 1' 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 complylisubstantially with Sections 910 and 910.2,, and we are so notifying claimant. The Board cannot act for 15 days (Section'910.8). j ( } 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: G�� y County Counsel I` III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) j. ( } Claim was returned as untimely with notice to claimant (Section 911.3). r. IV. BOARD ORDER: By unanimous vote of the Supervisors present } This Claim is rejected in full. ( } Other: i, I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. JUN Q 21987 Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk I' 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 3n attorney, you should do so immediately. i'. AFFIDAVIT OF MAILING [ declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the )nited States, over age 18; and that today I deposited in the United States Postal Service in Martinez, ;alifornia, postage fully prepaid a testified copy of this Board Order and Notice to Claimant, addressed to :he claimant as shown above. JUN 3 1987 ►ated: BY: PHIL BATCHELOR by eputy Clerk C: County Counsel County Administrator Ip ii "CEIVED I CLAIM AGAINST THE COUNTY OF CONRA COSTA 2 TO: County Clerk I MAY 1987 County of Contra Costa CL9 r --J-'----TCMtL0M 3 651 Pine Street 1�7" Martinez, CA 94553 4 5 Claimant, DANIEL L . DUARTE, hereby makes a claim 6 against thejCounty of Contra Costa for indemnification and/or 7 comparative negligence. Claimant was served with a summons and 8 first amended complaint on April 1 , 1987, filed in the Superior 9 Court, County of Contra Costa, State of California, on November 10 18, 1986. A copy of said complaint is attached hereto as 11 Exhibit "A" ,. Claimant believes that if, in fact, plaintiff 12 therein suffered any damages as set forth in his complaint, 13 said damages were directly and proximately caused by the 14 tortious acts or omissions of the County of Contra Costa. 15 Claimant makes the following statement in support of this claim: 16 1. Claimant 's address is: 17 1215 Garcia Ranch Road Martinez, CA 94553 18 19 2 . Notices concerning this claim should be sent to: Owen, Melbye & Rohlff 20 700 Jefferson Avenue Redwood City, California 21 22 3 . The date giving rise to this claim is April 1, 23 1987, when claimant was served with the plaintiff 's complaint 24 for personal injury sustained June 12, 1986 pursuant to the 25 automobile Accident which occurred on Alhambra Valley Road at 26 or about 200 feet east of Ferndale road in Contra Costa County. 27 28 VEN,MELBYE&ROHLFF OFESSIONAL CORPORATION )0 JEFFERSON AVENUE IEDWOOD CITY,CALIF 364-6500 4 . The circumstances giving riseto this claim are as 2 follows: 3 4 a) If, in fact, plaintiff suffered any damages as a 5 result of the alleged work performed as referred to in Section 6 3, above, said damages are the direct and proximate result of 7 the negligence and carelessness of the County of Contra Costa 8 by and through the acts of their agents, representatives and 9 employees. 10 11 b) As of this date, claimant is unable to determine 12 the value of said claim as he have not received adequate proof 13 from the plaintiff, nor do they know the full measure of 14 liability as to the claimant, if any. 15 16 c) The names of the public employees, agents, or 17 representatives causing claimant ' s damages are presently 18 unknown. 19 Dated: May 1 , 1987 20 OWEN, MELBYE & ROHLF� 21 22 EDMU-Nb X'. -,-SCOTT,, Attorney for Defendant/Cross- 23 Complainant, DANIEL L . DUARTE 24 25 26 27 28 IEN,MELBYE&ROHLFF )FESSIONAL CORPORATION -2- 0 JEFFERSON AVENUE EDWOOD CITY,CALIF 364-6500 bUIVIMUNb ON FTRST AMENDED COMPLAINT (CITAC/ON JUDICIAL) 1109 COW USI ONLY NOTICE TO DEFENDANT: (Avjso a Acusado) !SOLOPA"USOOf1ACORrf) DANIEL L. DUARTE, KENNETH J. MERCURE, BELLA CUNHA, COUNTY OF CONTRAJ' COSTA, and DOES I through DOE XXX, inclusive YOU ARE BEING SUED BY PLAINTIFF: (A Ud. le este demandando) AMY B. LEIDER �i You have 30 CALENDAR DAYS after this sum- Despu& de que le entreguen esta citacion judicial usted mons is served on you to file a typewritten re- tiene un plazo de 30 DIAS CALENDARIOS para presentar sponse at this court. I!. una respuesta escrita a mJquina en esta come. A letter or phone call will not protect you: your Una carta o una liamada telefdnica no le ofrecerJ typewritten response must be; in proper legal protecci6m su respuesta escrita a mJquina tiene que form if you want the court to hear your case. cumplir con las formalidades legales apropiadas si usted If you do not file your response on time,you may quiere que /a corse escuche su case lose the case, and your wages,limoney and pro- Si usted no presenta su respuesta a fiempq puede perder perty may be taken without further warning from el casq y le pueden quitar su salariq su dinero y otras cosas il the court. de su propredad sin aviso adicional por parte de la corse. There are other legal requirements. You may Existen otros requisitos legales. Puede que usted quiere went to call an attorney right away. If you do not liamar a un abogado inmediatamente. Si no conoce a un know an attorney, you may call an attorney refer- abogado, puede liamar a un servicio de referencia de ral service or a legal aid office(listed in the phone aboggados o a una oficina de ayuda legal(vea el direcforio book). 1 telefdnico). _ �r CASE NUMBER: (Niimwro del Casol The name and address of the court is: (E/nombre y direcci6n de la corte es) 290025 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA CO 725 Court Street P.O. Box 911 Martinez, CA 94553 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (EI nombre, la direcci6n y el n6mero de;teMfono del abogado del demandante, o del demandante que no tiene abogado, es) JOHN M. STARR LAW OFFICE OF JOHN M. STARR 1985 Bonifacio Street,iSuite 201 Concord, CA 94520 (415) 685-9000 & ,QLSS t: M. HINR1CHSEN DATE: '�0 1 8 Clerk, by Deputy (Fecha) (Actwrio) (Delegado) IscAu NOTICE TO THE PERSON SERVED: Wu are served 1. Q as an individual defendant. 2. 0 as the person sued under the fictitious name of (specify!: 3. Q on behalf of (spsclfy): I, under. CCP 416.10 (corporation) CCP 416.60 (minor) CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) CCP 416.40 (association or partnership) CCP 416.90 (individual) other << t 4. Q by personal delivery on (date!: ran+A,dWed Mi set (Ses feverse for hoof of Sewleel Juftsm County of Cohfornis CI f�AB/nl►JQ CCP 41210 1 LAVA OFFICE OF JOHN M. STARR 2 1985 Bonifacio Street, Suite 201 Concord, California 94520 3 Telephone: (415) 685-9000 4 NOV 61986 OOO ' t 5 Attorncfur Plaintiff �pTR&COSTA COUNTY sy O.o� 6 ft HINRICHSE14 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 AMY B. LEIDER, ) ) 11 Plaintiff , ) NO. 290025 FIRST AMENDED 12 vs . ) COMPLAINT FOR PERSONAL INJURIES 13 DANIEL L. DUARTE, KENNETH J. ) MERCURE, BELLA CUNHA, COUNTY ) 14 OF CONTRA COSTA,and DOES I ) 15 through DOE XXX, inclusive, ) ) � Defendants. ) i 16 ) 17 Comes now Plaintiff AMY B. LEIDER and alleges as 18 follows : 19 I 20 The true names or capacities, whether individual , 21 corporate ,' or otherwise of Defendants DOE I through DOE XXX, are 22 unknown to plaintiff who therefore sues said defendants by such 23 fictitious names. Plaintiff is informed and believes and 24 thereon alleges that each of the defendants designated herein as 25 a DOE is negligently responsible in some manner for the events r. 26 and happenings herein referred to, and negligently caused injury 27 and damage's proximately thereby to plaintiff as herein alleged . 28 - 1 - 1 II 2 At all times herein mentioned , each of the defendants 3 was the agent and employee of each of the remaining defendants 4 and was at all times acting within the purpose and scope of said 5 agency andemployment. 6 III 7 ;Plaintiff is informed and believes and thereon alleges herein mentioned defendants and each of them , 8 that , at all times e 9 were residents of Contra Costa County, California. i 10 IV 11 'A t all times herein mentioned , Defendant DANIEL 12 L. DUARTE ,and DOES I through DOE V were the owners of a certain 13 1973 Peterbuilt Truck, California License No. 217863 . 14 V 15 At all times herein mentioned , Defendant KENNETH J. 16 MERCURE and DOES VI through X, inclusive , were the owners of a 17 certain 1984 Chevrolet, automobile, California License No . 18 1KQT903 . 19 VI 20 At all times herein mentioned , Defendant DANIEL 21 L. DUARTE was drivng and operating defendants ' vehicle - with the 22 consent, permission and knowledge of Defendants DOES I through 23 DOE V, and Defendant KENNETH J. MERCURE , was driving and 24 operatingi defendants' vehicle with the consent, permission, and 25 knowledgenof DOES VI through DOE X. 2e 27 At all times herein mentioned , Alhambra Valle 28 Road near the intersection of Ferndale Road was a street anc W QFFICF.OF MN M. STARR R5 Oon1faclo Street lie 101 2 OW.CA M20 516115.9000 highway ink the County of Contra Costa , State of California . VIII 2 3 on or about June 12, 1986, at or about 6 :00 p.m. 4 Plaintiff AMY B. LEIDER was a passenger in a motor vehicle 5 operated by Defendant KENNETH J. MERCURE eastbound on Alhambra 6 Valley Road near the intersection with Ferndale Road . 7 IX 8 At that time and place, defendants and each of them so 9 negligently entrusted , managed , maintained , drove and operated 10 their respective vehicles on Alhambra Valley Road near the 11 intersection of Ferndale Road so as to proximately cause them to 12 collide with the vehicle in which plaintiff was a passenger , , 13 and to proximately cause the injuries and damages hereinafter ' 14 described .. 15 X 16 As a proximate result of the negligence of the 17 defendants, and each of them, and the resulting collision as i 18 herein alleged , plaintiff was injured in her health, strength 19 and activity, sustaining injury to her body and shock and injury 20 to her nervous system and person, all of which injuries have I' 21 caused and continue to cause plaintiff great mental , physical 22 and nervous pain and suffering , all to her general damage in an 23 amount in excess of the minimum jurisdictional amount of this 24 court, which amount will be shown at the time of trial . 25 XI 26 As a further proximate result of the negligence of the 27 defendants and each of them as herein alleged , plaintiff was 28 required to and did employ physicians , surgeons and other wt'OFFICE OF )HN M. STARR 111 60nif3io Street 3 ite 101 record.U 94120 111"i-IMM medical personnel for examination , treatment and care of these 2 injuries, and did incur medical and incidental expenses therefor 3 and will be compelled in the future to incur additional 4 obligations therefore, the exact amount of which is unknown at 5 the present time, but which will be shown at the time of trial . g XII 7 At the time of the events described herein, plaintiff 8 was employed . As a further proximate result of the negligence 1' 9 of defendants and each of them as herein alleged , plaintiff was 10 prevented ,- from attending to her usual occupation and plaintiff 11 is informed and believes, and thereon alleges she will be 12 prevented , from attending to her usual occupation for a period in t3 the future. 14 iWHEREFORE, plaintiff prays judgment against the 15 defendants and each of them as hereinafter set forth . 16 SECOND CAUSE OF ACTION 17 I 18 iPlaintiff refers to and incorporates herein Paragraphs 19 I through XII of the First Cause of Action as though fully set 20 forth herein. 21 I I 22 Defendant COUNTY OF CONTRA COSTA is, and at all time: 23 herein mentioned was, a county duly organized and existing under 24 the laws of the State of California. 25 . III 28 Plaintiff is informed, and believev, and thereo, 27 alleges that at all times herein mentioned Defendants COUNTY 01 411<'OfFICF.OF 28 CONTRA COSTA and DOES XI through DOE XV, inclusive, were thi BHN M. STARR )NS BonUacio Siren file 201 — 4 rmcord,rA M20 20 iSl(+MS•90fN1 1 agents and employees of each of said remaining defendants, and 2 in doing the things hereinafter alleged were acting within the 3 scope of such agency. 4 IV 5 Plaintiff is informed, and believes, and thereon 6 alleges that at all times herein mentioned , Alhambra Valley Road 7 irr the vicinity of Ferndale Road was operated and managed by 8 Defendant ;COUNTY OF CONTRA COSTA and DOES XI through XV as a ' I 9 public road and highway, and said defendants were charged with 10 the duty of controlling , maintaining , supervising , repairing and 11 keeping in a safe condition for the use of the public said 12 Alhambra Valley Road . 13 V 14 On or about June 12, 1986 , and for a considerable time 15 prior to said date , said defendants, and each of them, 16 negligently caused said road to be designed , constructed , 17 maintained„ and operated in such a dangerous manner and condition 18 that a curve in said road created and was a dangerous condition 19 to all persons . in vehicles travelling on said road and that at 20 said location , the roadway was extremely narrow so as to create 21 a trap for vehicular traffic on and along Alhambra Valley Road 22 VI 23 Said defendants, and each of them, failed to correct , 24 change or,, repair said dangerous condition , or to warn motorists 25 adequately of said dangerous condition which was not reasonably Y6 apparent Ito , and would not have been anticipated by, a person 27 approaching said curve. 28 ,5S'OFFICE OF MN M. STARR BS nonlfacio Street he 201 5 incord.G194120 S)685.90)0 1 VII 2 Said defendants, and each of them, had the authority 3 and funds and other means immediately available to them to have 4 made said corrections, changes and repairs and/or to have posted 5 notices and devices necessary to adequately warn of said 6 dangerous condition. 7 VIII 8 On or about August 26 , 1986 , plaintiff duly presented 9 to Defendant COUNTY OF CONTRA COSTA her claim, copy of which is 10 attached hereto as Exhibit "A" and incorporated herein by 11 reference , in the amount of $500 ,000 . 00 for the damages sought 12 herein. On September 30 , 1986 , said defendant rejected said 13 claim in its entirety. 14 WHEREFORE, plaintiff prays judgment as hereinafter set 15 forth . 16 THIRD CAUSE OF ACTION 17 I i 18 Plaintiff realleges and incorporates herein as thoughi 19 fully set rforth all of the allegations contained in Paragraphs I 20 through XIII of the First Cause of Action. 21 I I 22 At all times herein mentioned , Defendant BELLA CUNHA 23 and DOES tXVI through DOE XX owned and controlled the real 24 property adjacent to Alhambra Valley Road known as Parcel No . 25 362-240-04;, and placed and maintained varoius tall trees and 26 shrubbery ',along said road . 27 III 28 'On or about June 12, 1986 , and for a considerable time I'OFFICE.OF IM M. STARR IS Oonlfulo 51rrct ie 201 — 6 — unM,rA 91120 11(W45. 0(lo � n 1 prior to said date , said defendants negligently caused to be 2 placed and ''maintained trees and shrubbery near said roadway and 3 curve so as to create a dangerous condition to all persons in 4 vehicles tr,,avelling on said road . 5 WHEREFORE, plaintiff prays judgment against defen- 6 dants , and "each of them, as hereinafter. set forth. 7 1 . General damages in an amount to be determined ; 8 2. Medical expenses according to proof; 9 3. Loss of wages according to proof ; j; 10 4 . For costs of suit herein; and 11 5 . For such other and further relief as the court 12 deems 13 DATED : / , 1986 . 14 LAW OFFICE OF JOHN M. STARR t 15 16. JO I4 M. STARR"' 17 A�orney for Plaintiff 18 19 20 21 22 23 24 25 26 27 28 11'OFFICE OF 111N AI. STARR I1 00"Ifado Sircct it 201 — — ncord.CA 941;0 S)6ASAM) PROOF OF SERVICE 2 1 declare that: 3 1 am employed in the county of San Mateo, California. 4 1 am over the age of eighteen years old and not a party to 5 the within cause; 6 My place of business is 700 Jefferson Avenue, Redwood City, 7 California, 94663 . 8 On May 1987 1 LINDA GOOGOOIAN, mailed the 9 within CLAIM AGAINST THE COUNTY OF CONTRA COSTA 10 11 on the parties in said cause, as stated below: County Clerk 12 County of {Contra Costa 651 Pine Street 13 Martinez, CA 94553 14 John M. Starr LAW OFFICE'�lff JOHN M. STARR 15 1985 Bonifa' cio Street, Suite 201 16 Concord, C!A 94520 17 18 19 20 21 22 23 24 1 declare under penalty of perjury that the foregoing is 25 true and correct, and this declaration was executed on May J 1987 Redwood City, CA 26 at 27 1 LINDA GOOGOOIAN �71maMO V (Type or Print Name) ISignatur.e} 28 OWEN. MELBY&&RONLFF k PROFESSIONAL CORPORATION VOO Jerricasaft AVCMUC SIEOWOCO CITY.CALIF. CLAIM BOARD11OF SUPERVISORS OF CONTRA COSTA COUNTY, MLIFORNIA and as Governing BoaDd of the Contra Costa, County oo 'on�•Lana WaLt-L Conservation District. Claim Against the County, or District',governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 2 , 198 7 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors !' (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: TREE CARE COMPANY Ca�I?ty c/o Thomas F. Castle L' ATTORNEY: Rockwell, Castle & Carson OL�9e/ MqY 2930 Camino Diablo, , 300 R'1 8 j CA Date received May 4 198��� 98? ADDRESS: Walnut Creek, BY DELIVERY TO CLERK ON y , CA _ 94596-39361 4S BY MAIL POSTMARKED: April 30, 1987 S3 i I is 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 7, 1987 ppHHIL ATCHELOR, Clerk BY: Deputy L. Hall 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors } This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to complysubstantially with Sections 910 and 910.2, and we are so notifying 11 claimant. The Board cannot act for 15 days (Section 910.8). i' ( } Claim is not timely filed.j 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). b { ) Other: I' l Dated: , /'�'8 BY: County Counsel 111. FROM: Clerk of the Board ' TO: County Counsel (1) County Administrator (2) 1' ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present. �i X) This Claim is rejected in full, { ) Other: f 1'. II ' I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: UN 1987 ; PHIL BATCHELOR, Clerk By__.!��et, Deputy Clerk a� �I 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 courtiaction 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. i 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: `�y� lvl BY: PHIL BATCHELOR byDeputy Clerk j CC: County Counsel County Administrator i; 7! Rockwell, Castle & Cason Attorneys at Law Ray T. Rockwell 2930 Camino Diablo, Suite 300 Thomas F. Castle Walnut Creek, CA 94596-3936 Laura D. Cason (415) 932-7785 Berta H. Schweinberger April 30 , 1987 Clerk Contra Costa Coun`�ty Board of Supervisors Post Office Box 9111 Martinez , CA 94553 a; Re: February 26 , 1986 , Landslide Dear Clerk: Enclosedl; is the claim of Tree Care Company against the Contra Costa County Flood Control District . There are an original and four copies enclosed. Please return a filed , endorsed copy ofIthe claim to us in the self-addressed , stamped envelope provided for your convenience. Thank you for your courtesy and cooperation. Very truly yours, ROCKWELL, CASTLE & CASON THOMAS F. CASTLE TFC:cjf Enclosure(s ) i RECEIVED MAY �1987 CUNK CLAIM FOR DAMAGES TO: CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT 255 Glacier Drive Martinez , CA 94553 CLAIMANT: Tree Care Company Tree Care Company hereby makes a claim against the above-stated public entity pursuant to Section 910 of the California Governm,,ent Code: 1 . Thei, name and post office address of claimant is Tree Care Company,; 1534 Rose Street , Crockett , California 94525. Phone number is ( 4;15) 787-1364 . 2 . Notices concerning this claimant should be sent to Thomas F. Castle, j,,Rockwell , Castle & Cason, 2930 Camino Diablo, Suite 300 , Walnut Creek , California 94596-3936. 3. This claim is for indemnification with respect to damages to real and personal property claimed by plaintiffs Louis C. Keading , Jr. and Lucille Keading as a result of landslides which occurred on or about February 26 , 1986 following heavy rains. A prior landslide had occurred downstream on the Carlsen and Bachand properties , said landslide causing partial blocking of Wilkie Creek. 1; Plaintiffs filed action number 297953 in the Superior Court of California , Contra Costa County. Attached hereto is a copy of the complaint of Louis C. Keading, Jr. and Lucille Keading , which was served on claimant, Tree Care Company, on March 16 , 1987.' 4 . The circumstances giving rise to this claim are as follows: Claimant is informed and believes that a dangerous condition exists a!s result of the negligence of the Contra Costa Flood Control District in that it failed to control and/or regulate the flood waters of Wilkie Creek , and that it negligently openedl�' the floodgates to the San Pablo Dam Reservoir, thereby causing th'e water level of Wilkie Creek to rise and cause damage to plaintiffs' property. Should claimant be held liable to plaintiffs or any other parties in this action, claimant seeks equitable contribution and indemnity from the Contra Costa County ,Claim Again "c ,Gontra Costa Cbun�ty Flood Control District Page 2 Flood Control District based upon the percentage of liability allocated to the Contra Costa County Flood Control District in said action . The names of the public employees causing plaintiffs' damages are not known at this time. Execute& at Walnut Creek , California on this 28th day of April , 1987. ROCKWELL, CASTLE & CASON THOMAS F. CASTLE . CLAIM + BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ` Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, / NOTICE TO CLAIMANT June 2 , 198/ 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' $50, 000' 00 Section 313 and 916.4^ Please note all6�=Wa�n i�ng u". CLAIMANT: mARK CHRISTOPHER E2GIER 7ty 1881 Cameron Court &v*w �� '�mV ATTORNEY: ��Tz�o��� �,& �/+�I8` �y� '' o^� �on� ' ` '~�* ~ "`��� Date received ^�/��� ADDRESS: ' BY DELIVERY TO C May -` ^�~'' �l��l �� � ; BY MAIL POSTMARKED: --, ` 1987 Certified 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. May 7 , 1987 JYIL BATCYELOR, Clerk L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors �� W`� 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 lS 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: ` ` DatedBYjl_����uty 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 in4wll. ^ ( ) Other: } certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. _ � JUN � ��� � � w��" ��v Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk � WARNING (Cov' 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 u 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 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 l deposited in the United States Postal Service in Martinez, California, postage folly prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. ` �� U � ��� Dated: nw«�vn w v�ov BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ' � r s I MARK CHRISTOPHER ENGLER 1881 CAMERON COURT 2 CONCORD, CA 94518 "CEv D 3 CLAIMANT IN PRO PER 4 MAY% 1981 6 7 8 In the Matter of the Claim of CLAIM AGAINST THE COUNTY.' OF CONTRA COSTA 9 MARK CHRISTOPHER ENGLER, (Government Code 5910) Claimant 10 / 11 TO: DEPUTY CLERK OF THE BOARD OF SUPERVISORS, CONTRA COSTA COUNT PO BOX 911 , MARTINEZ , CALIFORNIA 94553 12 13 The above-named Claimant hereby makes the following clai 14 against Contra Costa County, a Public Entity: 15 1 . NAME AND ADDRESS OF CLAIMANT: 16 MARK CHRISTOPHER ENGLER 17 1881 CAMERON COURT CONCORD,_`'CA 94518 18 2 . ADDRESS TO WHICH NOTICES ARE TO BE SENT: 19 same ,as number 1 . 20 3 . DATE/TIME OF OCCURRENCE: 21 February 26 , 1987 , 11 : 30 p.m. 22 4 . PLACE OF OCCURRENCE: 23 Intersection of Patterson and Hawthorne, Pleasant Hill, C 24 5 . CIRCUMSTANCE OF OCCURRENCE: 25 Claimant was driving a vehicle in the City of Martinez 26 on January 17 , 1987 . A traffic stop for speeding was effecte 27 by Officer B. Dodd of the Martinez Police Department . 28 A search of claimant ' s vehicle by Officer Dodd pursuan -1- h " r , I to the traffic stop disclosed a police baton and a cannister o 2 mace, possessed by claimant in connection with his employment 3 by the Berkeley Police Department as a police cadet . 4 Claimant was placed under arrest by Officer Dodd for 5 violation of Penal Code Sections 12020 and 12420 , transported 6 to the Sheriff ' s Detention Facility in Martinez and jailed. 7 Claimant posted bail the same date and was released. He was give 8 a court date of February 13 , 1987 . 9 On February 5 , 1987 a misdemeanor complaint allegin 10 violations of � Penal Code Sections 12020 and 12420 was filed b 11 the Contra Costa County District Attorney' s Office. Accompanyin 12 the complaint , was a form requesting that an arrest warrant b 13 issued for claimant ' s arrest . 14 On February 6 , 1987 , despite the fact that claimant 15 already had been given a court date of February 13 , 1987 and 16 despite the fact that the bail bond reciting the court date o 17 February 13 , 11987 has been filed with the Mt . Diablo Municipa 18 Court on January 21 , 1987 , Judge Mark B . Simons signed an arrest 19 warrant for claimant ' s arrest . 20 On February 26 , 1987 claimant was stopped by the Pleasant 21 Hill Police Department while driving in his car in the City o 22 Pleasant Hill and arrested on the warrant . Claimant was take 23 to jail in handcuffs and detained for several hours before h 24 was able to convince the authorities that the warrant had bee 25 issued erroneously. He was eventually cite released and give 26 a new court date. 27 6 . GENERAL DESCRIPTION OF INJURY, DAMAGE OR LOSS INCURRED: 28 Claimant incurred public humiliation, embarrassment an -2- 1 emotional distress caused by being falsely arrested on Februar 2 26 , 1987 and incarcerated. 3 7 . NAMES OF ANY PUBLIC EMPLOYEE( S ) KNOWN TO CAUSE THIS 4 INJURY, DAMAGEOR LOSS INCURRED: 5 Unknown at this time, other than Mark B. Simons, Judg 6 of the Mt . Diablo Municipal Court , Contra Costa County, California 7 8 . DAMAGES CLAIMED: 8 General damage, pain and suffering in the amount of 9 $50 , 000 . 00 . 10 11 Dated: April 28 , 1987 %�/ G MARK CHRISTOPHER ENGLER 61 12 Claim 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- E CLAIM 9OARD 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 2' 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 Cevgrnment Code Amount: $250, 000- 00 Section 913 and 915.4. Please note all "WaAW46 ' MA °�nsei CLAIMANT: OLIVE BANKS AY D 4'198,7 c/o Kent C. Wilson, Esq. M$rtin�=, CA 8 ATTORNEY: Wilson & Rose 45$ Urban West 1 Date received lg$7 hand del . ADDRESS: 1350 Treat Blvd. #400 BY DELIVERY TO CLERK ON April 30, Walnut Creek, CA 94596. 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 1, 1937 EVIL BAATTCHELOR, Clerk 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: 4 Dated: BY. �-c / 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'tfull. ) 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 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 claimantasshown above. Dated: JUN ��$� BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator i OLAIM TO: r idARD OF SUPERVISORS OF CONTRA COSw"r uGR�3i +I zf ii ;01 t0; Gene of,tie Soard Instructions to Claimant P. O. Box 911 Martinez,California 9553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims,- Penal Code Sec. 72 at end o this form. ************************************************************************ RE: Claim by ) Reserved for Clerk' s filing stamps, OLIVE BANKS "CEI VED Against the COUNTY OF CONTRA COSTA) APR 3c 1987 or DISTRICT) MTCNFLCM Fill in name) ) CUW The undersigned claimant hereby makes claim against the Coun y of Contra Costa or the above-named District in the sum of $ 250,000.00 and in support of this claim represents as follow-s-.7- -----When did the damage or injury occur? (Give exact date and hour) January 22, 1987 ------------------------------------------------------- . where did the damage or injury occur? (Include city and county) Martinez, Contra Costa.-----Conut ,- California ---------------------- ------------------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) County released confidential information of employee in violation of Civil Code Section 56.20(c) and failed to establish procedures for the confidentiality and protection from unauthorized disclosure of medical information. 4 . What pQrticular act or omission on the part of county or district officers, servants or employees caused the injury or damage? See letter dated January 22, 1987 attached from Contra Costa County employee Joe Ancona to the Department of Motor Vehicles. (over) 5. What are the naTmg -of county or district officers , servants or employees causing the damage or injury? Please see letter dated January 22, 1987 attached hereto. --------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. . Attach. two estimates for auto dama e) Emotional Distress, attorney fe'es and punitive damages as prescribed by Civil Code Section 56.35. 7. Flow-was the_amount claimed above-computed? _(Include the estimated-l- amount of any prospective injury or damage. ) Statutory plus generaldamages for embarassment, pain and suffering. -o--w-li-t-newitnesses,---d-o-c-t-o-rsandhospitals.8. Names and addresses f The information requested in this question is unknown at the present time. 4. List the exgenditures you made on account of this accident or injury: DATE ITEM AMOUNT Attorneys fees in excess of $1,000.00 to date. WAIMIOT 1 Go t. Cl;fdg Seo' V166 0.2 provides e "T claim h laimant I ( SEND NOTICES TO: (Attorney) or b behalf. " Name and 'Address of Attorney ' 4 KENT C. WILSON, ESQ. d--, Vpn Sf�N s Signature WILSON & ROSE KEL Urban West I Address 1350 Treat Blvd., Suite, 400 N.A. Walnut Creek, CA 94596, Telephone No. (415)933-4500 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. " S06iaf'Service Department Contra Please reply to: R. E. Jornfin 0 2401 Stanwell Drive,No.200 Director Costa P.O.Box 5488 Concord,California 94524 County 0 2450 A Stanwell Drive Concord,California 94520 @ OCCEIVED FEB 0 4 4 January 22, 1987 127 Dept. -of Motor Vehicles Driver' s Safety Section ATTN: John Morrow 5300 Claremont Avenue Oakland, CA 94618 Dear John: This confirms our telephone discus'sions on January 15, 1987, and January 20, 1987, concerning our employee, Olive ,Banks. Olive Banks had stated to this Department that you were going to send a follow-up letter to her within 10 days concerning the last hearing in December of 1986 . 1 called to verify the results of that December hearing because Ms. Banks had not received such a letter from you. You then told me that you do not remember ever telling Ms.. Banks you were going to send her a letter and that it was not included in your notes from that hearing. You then added there was no reason to send a letter if her driver' s license wasn' t suspended. Later in the conversation, you informed me that you knew only of one seizure in May, 1986, and the information you had concerning that one seizure was the basis of the decision not to suspend Ms. Bank' s driver' s license in December; you confirmed that Ms. Banks at this time has no driving restrictions from the DMV. In our discussion to verify the results of the December, 1986 hearing, you said you were not aware of a second seizure and indicated you were going to contact Olive Banks and schedule a re-examination with her in approximately 30 days. i Page Two John Morrow , January 22, 1987 As I had indicated in our discussions, this Department is concerned about the safety of our employee and clients/ children she transports in her regular assignment. Because of our concerns, we would appreciate being advised of any subsequent developments in this matter. If -you have any further information or clarification of this matter, please contact me at 671-4150. Sincerely, Joe Ancona Adminstrative Intern JA/rf cc: Louise Aiello Olive Banks Jane McClelland Linda Waddington Bill Hamilton Jerry Fillingim Personnel File Disc. #4 - JA followup.rf CLAIM e���� oa l�� d ' Governing ' Costa County Board of Commissioners of the Housing Aucoorlcy UL �°^1U4-= . Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT June 2 , 1987 and Board Actinn, All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors � (Paragraph IV below), given pursuant to Government Code Amount: Unspecified , Section 913 and 915.4. Please note all i s". ' W011 CLAIMANT: BARBARA I)DNBAR / -^^tk 1139 Louisiana Street ��° ~'�bw-' ATTORNEY: Vallejo, CA` 9Z+590 ~�9�/g/7 .-=e/ Date received �v - ^a��' � '�x� ADDRESS: BY DELIVERY TO CLERK ON M �5198/ ' Qq BY MAIL POSTMARKED: l 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 7, 1987 JVIL BATCYELOR, Clerk epu 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' Dated: 8Y ty 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 011,3), IV. BOARD ORDER: By unanimous vote of the Supervisors present C�> This Claim is rejected in full . � ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date' ' 8�� � �»«� ����� 'w�w° Dated L BATCHELOR, Clerk, BX Deputy Clerk � WARNING (Gov' code section 913) Subject to certain exceptions, you have only six (8) 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 mentiuned, have been a citizen of the United States, overage lB; and that today l deposited in the United States Postal Service in Martinez, California, postage fullyprepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. ' k8UAW � 1�K�� . ]ated' 'mw/"� ~ �m�v 8Y� PHIL BATCHELOR -- ' puty Clerk . County Counsel County Administrator \ ^ � ` P1% April 24 , 1987 Contra Costa Countyliousing Authority 3133 Estudillo f Martinez, CA. 94553-3258 RE: Automobile Accident DATE OF INJURY : March 18, 1987 VEIiICLE NO. : ; PA86434 DRIVER: Eric fAn Stephen Lewis Dear Sir : I was rear ended by one of your company vehicles on March 18, 1987 at approximately 5 :00 P.M. The accident took place at the Carquinez Bridge , (headina east) . The driver of your vehicle was a Mr. Eric Van Stephen Lewis and the vehicle that he was driving had license plate number E486434. I experienced a neck and back injury as a result of this accident and I am also now bothered by headaches which I believe was a direct result of the accident . I received some treatment at Kaiser Hospital in Vallejo and I am presently seeking care by a private physician. I am now submitting, a claim against Contra Costa County Housing Authority for personal injuries and property damage sufferred as a result of the accident . There were several witnesses to the accident and ' I have their names. If my claim is accepted , please let me know and Xf I do not hear from you within thirty days, I will assume that my claim was rejected and will proceed to litigate under that assumption. Allreplies should be directed to me at the following address : Ms. Barbara Dunbar 1139 Louisiana Street Vallejo, CA. 94590 Yours truly, BARBARA DUNBAR Claim of BARBARA DUNBAR Claimant , CLAIM FOR PERSONAL INJURIES V. CONTRA COSTA COUNTY SECTION 910 OF TqE iWUSING AUT`-IORITY GOVERNMENT CODE) TO 71E CONTRA COSTA COUNTY TIOUSING AUTTiORITY : You are hereby notified that Barbara Dunbar, whose address is 11347 - Louisiana Street , Vallejo, CA. 94590, claims damages from the Contra Costa County dousing Authority in an amount to be determined . This claim is based on personal injuries sustained by claimant on or about March 18, 1987, in the vicinity of Carquinez Bridge Toll Plaza under the following circumstances : My vehicle was rear ended by your company vehicle license plate number E486434 . The name of the public employee causing cl.aimant ' s injuries under the described circumstances is Eric Van Stephen Lewis. The injuries sustained by claimant , as far as known as of the date of presentation of this claim, consist of hea4l neck and back injuries. The amount claimed is to be determined . Dated : April 30, 1987 BARBARA DUNBAR ^ CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 2 , 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 Gov rnment Code Amount: $170- 00 Section 913 and 915.4. Please note all "W Pimnty, Counsel CLAIMANT: ERIC JOHN HUBACHET MAY U 1.1987 166 Wingedfoot Place ATTORNEY: San Ramon, CA 94583 Martinez, CA 94553 Date received April 27 , 1987 transmittal ADDRESS: BY DELIVERY TO CLERK ON 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: April 30, 1987 �aIL OeputyLOR, Clerk 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: "` ty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: 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. Dated: JUN 2 1987PHIL 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 3 1987 BY: PHIL BATCHELOR by //4�-e� '�Deputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CC*-91,DrrFtPWYapplication 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 gdction. Maims relating to any -other cause of action must be S. -presented not later than one year after the accrual of the cause of action. (Sec, 911.2, Govt.. Code) B. Claims must be filed with the Clerk of the Board of Supervisors ; at its office in Room 106, County Administration Building, 651 Pine '.... . Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, , Penal Code Sec. 72 at end o his form. RE: Claim by )Reserved for Clerk's filing stamps ) "CEIVE. D Against the COUNTY OF CONTRA COSTA) APR %�9g1 } or DISTRICT) (Fillin name } t The undersigned claimant hereby makes claim agai.ns the County of Contra Costa or the above-named District in the sum of $ 1 ''7 ( � and in support of this claim represents as follows: ; . �. When did the damage or snjuzy occur?r-(Give exact date and hour] . - .� �.� W�iere d!t a damage or injury 'occur? (Include ci y and county} Y\ C._ 37 How did the damageorinj�_ry oczur? JGive ?U-11-oetaslsl use extra- . sheets if required) r 47 What particular act or omiss1on on the-part of county or distr ct officers, servants or employees caused the injury or damage? `' �• C `' (over) 50 What are the names of county or district officers, servants or employees causing the damage or injury? 6. . What damage or ln3uries do you claim resulted ZGivsfull extent -of injuries of damages claimed. Attach two stimates for auto damage) f4 7. How was the amount claimed above computed? (Include the estimated - amount of any prospective injury or damage. U. 8. mes and addresses of witnesses, doctors and hospitals. s 141 Y--List u made on account of this accident or injury: D •ti ITEM AMOUNT - Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney Claimants $i tur MA -r{ Telephone No. Telephone No. C6 VOTICE _ 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. " .. ... - .�-.rw+,e•,c--'_• ._: .;..:. -........W.: -;,:_,,.;-,:,:'.-.:�o- .._:y.z..�t.st.+.!ee.ola,tlfeetiG�a.:a'iii'r.ik.eiiiFiMDcai�iw�o6Atv'�+.::" - , e CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or Districtgoverned by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 2 , 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 Go eW0%Cp0e Amount: Unspecified Section 913 and 915.4. Please note all "Warnings ounsel ` CLAIMANT: PHILIP NEWBOLD MAY U 11987 232 11ountaire Circle MallineZ, CA 94553 ATTORNEY: Clayton, CA 94517 Date received ADDRESS: j BY DELIVERY TO CLERK ON April 28 , 1987 BY MAIL POSTMARKED: April 27 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 30, 1987 pp IL DATCHELOR, Clerk DATED: epuy 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: � eity 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 i,n full. (, `) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. I�' Dated: ��ty 1987 PHIL BATCHELOR Clerk B <( �( 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. R 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. /,� Z�Deputy Dated: JUN 3 1987 BY: PHIL BATCHELOR by . /> Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY -Inlg'tlructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in 'Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 (or mail to P.O. Box 911, Martinez, CA) _ C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in'. D. If the claim is 'against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by Reserve stamps awaCEVED Against the COUNTY OF CONTRA COSTA) or DISTRICT) (Fill in name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District inthesum of $ - and in support of this claim represents as follows: - ---------------------------------------:---------- damage or injury occur? (Give exact date and hourT---- *( 13, fq&7 7 :/s- 4- of ---- --- ------- occu-r5--7l-n�l-u-de--city-and-county)---- --------------------- K­RON-aia the damage or injury occur? (Give full-details, use extra sheets if requited) 10-el-IT" LA4.1 b&-4e-Q.L AJ-4J-A-- - -- ----- - i-.--rqE;E-p;iE-l-czig-r--azE--o-r--omission on-the-part- p- - -5F-E6an-E-y-o-E-al;EiIEt officers , servants or employees caused the injury or damage? (over) s.` What are the names of county or district officers, : servants: I eihployees causing the damage or imjury? bw-� ------------------------------------------------------------------------- 6. Whatdamage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) 7--. H-----ow-wasth-------e---amoun--;-t--------claimed-----above--------computed?-=----------(Include----the----estimated---------- amount of any prospective injury or damage. ) �. A-----N------ ----------------------------------------------- 8. ames and addresses of witnesses, doctors and hospitals.------------- , -- --------------------------------------------------- t res you made on account of this accident or injury: C .; ITEM AMOUNT 14om,"t Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or b ome' person on his be lf. " Name and Address of Attorney r C1 mantIs ign ture a 3 a /14 44 P:e. Ci rrj - Address a 1, r A y IS/7 Telephone No. Telephone No. I-) - a-9 S� ************************************************************************** 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. " STATE FARM INSURANCE COMPANIES (iso)ubwle.o Yrinieu In u.J.„.ncv.o,uu ©` REPAIR ESTIMATE f CLAIM NO JOS 020 ~yC ) 'f� S7 DATE OFF INSPECTION&ESTIMATE WlHERE INSPECTED .- - -INSURED Ale 42 �L`` it �� LICENSE NUMBER fOME /y ` WORK/ ADDRESS / �/ PHONE MAKE YEAR SERIES BODY STYLE a6LWI`PSC DATE MANUFACTURED MILEAGE f: VIN // /� �/ / C�(sv ac;2 - 1 REPAIR RE DESCRIPTION PARTS LABOR REFIN- PAINT SH NG MATERIALS PLACE ® LIST HRS. HRS. &NET ITEMS > > $ $ 3 r m • 4 _ m. ?-4 � w 5 . 8 5p; > en • 8 IA �; 1 a U.-J, • • i' •b 9 F �n 10 ° 13 " 00 -� 14 �! 15THIS ESTI ATE INCLUDES fN '� • U F? ttURE NON— iZl(,' l 16MAN I G �ltvAL EQU,PMEt T FAC tJeiER PA ,/ .r • L,QLi.4L!''Y FARTS. �. :i< TOTAL $ $ LABOR HRS. CLAIM NO. o�0�� �6XQI REF.HRS. - I TOTAL ��ER I AUTHORIZE LABOR HRS._-- X J�HR. - $/ TO REPAIR VEHICLE ACCORDING TO REPAIR COST AS ITEM AL O, 1JEE PARTS - TO SHOW THIS APPRAISAL TO REPAIRER BEFORE REPAIR ST STAR @ LI $ LESS % DISC. 9j INSURED'S SALES TAX$� SIGNATURE VATE av� PAINT,MATERIALS,&NET ITEMS$ WE ACCEPT REPAIR COSTS AS ITEMIZED. REPAIRER'S . TOTAL REPAIR COST$ SIGNATURE DATE LESS BETTERMENT $ THE REPAIRS HAVE BEEN COMPLETED. I AUTHORIZE THE COMPANY TO MAKE PRIOR DAMAGE $ PAYMENT OF$ TO THIS REPAIR SHOP ON MY BEHALF. QQ DEDUCTIBLE $ INSURED'So - SIGNATURE -DATE-' TOTAL DEDUCTIONS$,i. p STATE FARM CLAIM �j /Z COMPANY TO PAY$� REPRESENTATIVE , / /`� REPAIR SHOP: RETURN THIS ORIGINAL FOR PAYMENT TO CLAIM OWNER TO PAY STATE FARM INSURANCE COMPANY SERVICE OFFICE AT 353 rivic Drive, P1easant Will, A P.. 0..�Box p4001111 REQUIRENOTICE — REPAIRS TO THIS EQUIPMENT AS VEHICLE MP-,Y SEE REVERSE FOR STATE SAUTUUAMAGE CLAIM POLICY : RECCOMMENDEDFI BY N THEN MANUFACTURER. STATE FARM INSURANCE COMPANIES (160)G5631e.6 Printea In u.s.A.nev..sioD REPAIR ESTIMATE CLAIM NO: DATE OF INSPECTION&ESTIMATE WHERE INSPECTED LICENSE INSURED nfr NUMBER HOME WORK ADDRESS PHONEPHONE ~' ~ MAKE YEARSERIES .. BO/DY STYLE DATE MANUFACTURED MILEAGE FVIN ' REPAIR RE DESCRIPTION PARTS LABOR REFIN- PAINT SHI G MATERIALS PLACE ® LIST HRS. HRS. &NET ITEMS 2 • .. 3 • 4 r • • 5 6 . 7 8 9 10 • 11 • •12 13 • 14 • 15 . 16 . TOTAL $, , •. • . $ LABOR HRS. 'CLAIM NO. it f' t_,. REF.HRS. TOTAL x . AUTHORIZE LABOR HRS. X'$—. HR. _ $'TO REPAIR VEHICLE ACCORDING TO REPAIR COST AS ITEMIZED. ALSO;I AGREE PARTS TO SHOW THIS APPRAISAL TO REPAIRER BEFORE REPAIRS ARE STARTED. 4 ® LIST$ LESS % DISC. _ $ INSURED'Sl` SALES TAX$ SIGNATURE `~DATE ` PAINT,MATERIALS,&NET ITEMS$ WE ACCEPT REPAIR COSTS AS ITEMIZED. r~ REPAIRER'S i TOTAL REPAIR COST$ SIGNATURE DATE LESS BETTERMENT $ THE REPAIRS HAVE BEEN COMPLETED. I AUTHORIZE THE COMPANY TO MAKE PRIOR DAMAGE $ PAYMENTOF$ TO THIS REPAIR SHOP ON MY BEHALF. DEDUCTIBLE $ ` INSURED'S SIGNATURE DATE TOTAL DEDUCTIONS$ STATE FARM CLAIM COMPANY TO PAY$ REPRESENTATIVE - REPAIR SHOP- RETURN THIS ORIGINAL FOR PAYMENT TO CLAIM OWNER TO PAY SERVICE OFFICE AT NOTICE _- REPAIRS TO THIS VEHICLE MA` REQUIRE SPECIFIC WELDING EQUIPMENT A , SEE REVERSE FOR STATE FARM'S AUTO pAMAGE CLAIM POLICY RECOMME14DFED BY THE MANUFACTURER. ' r I CLAIM / BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION r the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 2 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is you► notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Gu(�ernment Code Amount: Unspecified Section 913 and 915.4. Please note all "Aa� i "0OVnse1 CLAIMANT: RICHARD SHORES MAY Q 1'1987 c/o Curtis A. Canfield, Esq. Martinez ATTORNEY: Kincaid, Gianunz„io , Caudle & Hubert , CA 94,553 200 Webster St . Date received ADDRESS: Oakland, CA 94607-0828 BY DELIVERY TO CLERK ON April 27 , 19.87 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. ppHH BB DATED: May 1, 1987 BYIL DeputyLOR, Clerk L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Ni. � ) 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: `J c) BY: 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 I certify that this is a` true and correct copy of the Board's Order entered in its minutes for this date.,' p Dated: UN 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.JUN UN 3 1967 r BY: PHIL BATCHELOR by � Deputy Clerk CC: County Counsel County Administrator NOTICE OF CLAIM Richard Shores is a defendant in an action encaptioned Hagman v. County "of Contra Costa, et al. A copy of the Complaint is attached hereto and marked Exhibit A. to this claim. Richard Shores is alleged to be one of the owners of the motorcycle involved in the subject accident. He was served with Summons and 'Complaint in this action on or around March 10, 1987 . Richard Shores contends that the County of Contra Costa was negligent with regard to the roadway where this accident happened. A copy of the police report with regard to said action is attached hereto and marked Exhibit B. to this claim. It is the contention of Richard Shores that the stretch of roadway immediately preceeding, and including, the place where the accident occurred, was negligently designed, constructed, owned, maintained and controlled by the County of Contra Costa, i including, but not limited to, allowing Pacific Gas & Electric Company and Pac Bell to erect in dangerous proximity to said roadway a telephone and power utility pole so close to the roadway as to constitute a hazardous and dangerous condition to motorists attempting to negotiate said roadway and curve at the speed limit posted just before said roadway and curve. Defendant Richard Shores herewith tenders his defense to the County of Contra Costa. Q: � iVEI.�IMCE OApR -�71987 . ' 1 Richard Shores is informed and believes that the County of Contra Costa designed, constructed, owned, maintained and controlled the above mentioned roadway and as such, was the proximate cause and/or a proximate cause of the injuries alleged in the complaint attached hereto as Exhibit A, and if Richard Shores is held liable to the plaintiffs on their complaint, then Richard Shores should be reimbursed by the county of Contra Costa with regard to any sums which he may be found liable for as to plaintiffs in the complaint herein. Any notices with regard to this claim should be forwarded to the attention of the following: Curtis A. Canfield, Esq. , Kincaid, Gianunzio, Caudle & Hubert, 200 Webster Street, Oakland, California 94601-0828 , (415) 465-5212 . DATED: v x� KINCAID, GIANUNZIO, CAUDLE & HUBERT A Professional Corporation tJ I CURTIS A. CANFIELD, ESQ. 2 - 1 WILLARD E. STONE Attorney at Law t 2 1211 Newell Avenue Suite 124 3 Walnut Creek, CA. 94596 • 4 (415) 935-1711 3 Attorney for Plaintif= 6 . 7i 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 LINDA LIND HAGMAN, Administrator of ) CASE NO . 11 the Estate of ) J AME S LEA HAGM N, } 12I Deceased, ) COMPLAINT FOR DAMAGES FOR Plaintif: , ) WRONGFUL DEATH AND FOR 13 ) PERSONAL INJUPIES } 14 v ) 15 COUNTY OF CONTRA COSTA, ) PACIFIC BELL COMPANY, a ) 16 CALIFORNIA CORPORATION, ) PACIFIC GAS & ELECTRIC ) 17 COMPANY, a CALIFORNIA ) Cv `ORATION, ROBERT SUTTON, ) 18 HOLLY SUTTON, RICHARD K. SHORES , ) and DOES I through XX, ) 19 Defrendants ) } 20 ) 21 Plaintiff complains , of Defendants , and each of them, and 22 alleges as follows : 23 FIRST CAUSE OF ACTION 24 (WRONGFUL DEATH) 25 1 . On •or about November TO, 1986 , Plaintiff was issue- 26 Letters of Administration of the Estate of JA:,!ES LEA HAGS-a-N , WILLARD E.STOKE : A110 ev 11 Ll- Sl•ITE 2 tilt•:E" £t. •.,vuE Y — • . - A - 11 Deceased, by the Superior Court of California, County of Contra 2 Costa. 3 2. Plaintiff is the duly appointed, qualified, and acting 4 Personal Representative of the Estate of JAMES LEA HAG,QuN, Decease 5 3 . Plaintiff brings this action as specified in 5377 (b). of 6 the Code of Civil Procedure on behalf of the surviving heirs of 7 JAMES LEA HAGMAN, Deceased (hereinafter referred to as "Decedent:" ) 8 4 . The heirs at law of the Decedent and their relationships 9 to the Decedent are : 10 NAME RELATIONSHIP TO DtCEDENT 11 Virginia L. Hagman Daughter 12 Nicholas C. Hagman Son 13 Johnathan W. Hagman Son 14 Robert C. Hagman Father 15 Lois L. Hagman Mother 16 jeanine ' Cormany Sister 17 f Daunine 'Vining Sister C-I Gerald Hagman Brother 19 Nancy Hagman Sister 20 5 . The Plaintiff does not know the true names or capacities 21 of the Defendants sued herein as DOES I through XX; that said 22 names are fictitious names and Plaintiff will amend this Complain: 23 to show their true names when ascertained. Plaintiff is informed 24 and believes and on information and belief alleges that each OL 1 25 the Defendants named herein as DOES I through XX, inclusive , is 26 an agent and , employee of the other named Defendants ; that in do-;-.-- ILLAPIO E.STONE AjjCWft@V A#La. SUITE 124 -ICWELL AVENUE -2- 41."Ur CREEK :AL141.JAS% 1 the things mentioned hereinafter in this Complaint each was act ­ 2 within the scope of his employment as agent and employee ; that 3 each is responsible in some manner for the occurances hereinafter • 4 alleged; that. Plaintiff ' s damages as hereinafter alleged were 5 proximately caused by the negligence or actions of each of saild 6 Defendants . 7 6 . That at all times herein mentioned, the Defendant, COUN-1,77- 8 OF CONTRA COSTA, was a County and political subdivision of. the 9 State of California , duly organized and existing under the laws 10 of the State of California. 11 7 . Defendant, PACIFIC BELL COMPANY, is and at all times her-- 12j in mentioned was , a Corporation, organized and exiscina under Q 13 laws of the State of California and doing business in the Cour.-_v 14 oF Contra Costa. 15 8 . Defendant , PACIFIC GAS & ELECTRIC COMPANY, is a-:,-d at all 1 16 times herein mentioned was , a Corporation, organize"- and ex_' szJ;*_-_ -: 117 ,=rider the laws of the State of California and doir_= IS in the County of Contra Costa. 19 9 . . On, May 3 , 1986 , and prior thereto , Defendants CONTRA 20 COSTA COUNTY and DOES I through V, designed, constructed, owned, 211 maintainedi, and controlled Marsh Creek Road, 1. 4 miles east of 22i Deer Valley Road in the County of Contra Costa. 23 10. Ontheabove mentioned date , and prior thereo , the 24 Defendants , PACIFIC BELL COMPANY ( PAC BELL) and PACIFIC G-.S 25 ELECTRIC COMPANY (PG&E) constructed, owned, maintained a-. d 26 controlled' a telephone and power utility pole immediately adjace: WILLARO E.STONE A110C.0y Al 4b- -3- 1 to the roadway on Marsh Creek Road as described above . 2 11. On May 3 , 1986 , and prior thereto , the above described 3 roadway, owned, maintained and controlled by CONTRA COSTA COUIL77_Y ' 4 was in an unsafe and dangerous condition, that created a sub- 5 stantial risk of the type of injury hereinafter alleged when saiC_: 6 roadway and curve there upon, was used with due care in a manner 7 that it was reasonably foreseeable that it would be used in tl.-.a: 8 said roadway and curve was unsafe and improperly designed and 91 constructed. � Further, ,Defendant , CONTRA COSTA COUNTY, allowed 10 to be erected in dangerous proximity to said road-way by Defendan::Z" 11 PAC BELL and P G & E, a telephone and power utility pole so close 12 to the roadway as to constitute a hazardous and dangerous 13 condition to motorists attempting to negotiate said roadwav and 14 curve at thespeed limit posted just before said roadway and C',:-='!:E 151 12. The, De-'endants had actual knowledge of the existance of 16 the above described conditions and knew or should have know-I. 17 of their dant 'gerous character a sufficient time p=ie= to May 35 . 18 1986 , to have taken measures to protect against the dangerous 19 conditions . . 20 13. On May 3, 1986 , Decedent was driving a motorcycle in 21 a westerly direction on Marsh Creek Road, approximately 1. 4 22 miles west of its intersection with Deer Creek Road. As a 23 proximate result of the dangerous condition of the roadway and Decedent 24 curve, and placement of said utility pole , when the/ entered the 25 turn, his motorcycle went off the roadway and turn, part of the. 26 motorcycle foot peg striking said utility pole , causing the WILLARO E.STONE A.f;-„y Al La- -.;OTC 124 AvE AIVLE .%Vr CP1(4 1 4! Decedent and motorcycle to fall down the nearby embankment , 2 causing the death of the Decedent , on June 25 , 1986 . 3 14 . Prior to the death of the Decedent, the heirs were 4 dependent on *him for their support and maintenance and Decedent 5 was a faithful and dutiful father, son and brother to the heirs . 6 15 . As a proximate result of the -dangerous condition of- 7 Defendant ' s 'property, and the death of the Decedent , Plaintiff 8 has sustained pecuniary loss resulting from the loss of the 9 society, comfort , attention, services and suport of Decedent in io an amount in excess of the minimum jurisdictional- recuiremen= of 11 this court. 12 16 . As a further proximate result of the dangerous conditior. 13 of Defendant ' s property, and the death of Decedent , Plaintiff 14 LINDA LIND HAGMAN, has incurred funeral and burial ex:)enses in 15 an amount unknown at this time . Leave of court will be soul--t: 16 to amend this Complaint according to proof. 17 17 . That on or about August 22, 1986, prior to the 18 meet of this action, Plaintiff caused to be to the 19 Defendant , COUNTY OF CONTRA COSTA, a claim for daz.ages sought in 20 this action in the amount of Five Hundred Thousand ($500 , 000) 21 Dollars . A true and correct copy of the claim is attached hereto , 22 marked Exhibit "A" and incorporated herein by reference . 23 18. That on or about August 25 , 1986 , the Board of SuDerviso: 24 i of Contra Costa County rejected said claim in full . WHEREFORE, Plaintiff prays judgment against the Defendants 26 WILLARD E.STONE 1211 NEWS WA,h I and each of them, as hereinafter set forth. 2 SECOND CAUSE OF ACTION 3 (PERSONAL INJURY) 4 1. Plaintiff repleads , realleges and incorporates herein by 5 reference all of the allegations contained in the First Cause of 6 Action as if the same were set forth in full. 7 2. On June 25 , 1986 , after the foregoing cause of action 8 arose in his favor on May 3, 1986, JAMES LEA HAGMANN, Decedent whc 9 would have been the Plaintiff in this action if he lived, died. 103 . As 'a proximate result of the negligence of the Defendant:. 11 and each of them, the Decedent was required to and did employ 12 physicians and surgeons to examine ,treat and care for him, and 13 did incur medical and incidental expenses in an amount unknown a: 14 this time but in excess of the minimum jurisdiction of this 15 court 16 4 . At the time of the events described herein, Decedent was 17 gainfully employed as a traffic signal electrician for the City 18 of Concord. As a further proximate result of the negligence of 19 the Defendants , and each of them, the Decedent was prevented fro: 20 attending to his usual occupation for the period of time from 21 May 3 , 1986 , until his death on June 25 , 1986 , all to his damage 22 in loss of earnings in an amount unknown to the Plaintiff at thi: 23 time , to be ascertained according to proof. 24 5 . That on or about June 5 , 1986 , prior to the commenceme^t 25 of this action, Plaintiff caused to be presented to the Defendan 4 26 COUNTY OF CONTRA COSTA, a claim for damages sought in this actio: WILLARO E.STONE- AIIOMOT Al L4- Su1TE t74 G VVI %EWELL AVENUE tttt -6- -ALNUT CREEK i 11 in the amount of Five Hundred Thousand ($500 , 000) Dollars . A true 2 and correct copy of the claim is attached hereto marked Exhibit 3 'fB" and incorporated herein by reference . 4 6 . That on or about July 8, 1986 , the Board of Supervisors 5 of Contra Costa County rejected said claim in full . 6 WHEREFORE, Plaintiff prays judgment against the Defendants , 7 and each of ,them, as hereinafter set forth. 8 1 THIRD CAUSE OF ACTION 9 (WRONGFUL DEATH AS TO DEFENDANT RICHARD K. SHORES 10 ROBERT R. SUTTON AND HOLLY SUTTON) 11 1. Plaintiff repleads , realleges and incorporates herein by 12 reference all of the allegations contained in the First Cause of 13 Action as though set forth in full . 14 2. At all times herein mentioned, the Defendants RICHARD K. 15 SHORES and DOES I through 111, were and now are the owners of the 16 motorcycle hereinafter described. 17 3 . Defendants RICHARD K. SHORES and DOES I TTI , gave 18 loaned or sold to Defendants ROBERT R. SUTTON an%d HOLLY J . SUTTON 19 said motorcycle. 20 4 . Defendants ROBERT R. SUTTON, HOLLY J . SUTTON and DOES IV 21 through V are the agents , servants and employess of the Defendant 22 RICHARD K. SHORES, and at all times herein mentioned were acting 23 within the scope and purpose of their agency and employment . 24 5 . On or about May 3 , 1986 , Defendants ROBERT R. SUTTON, 25 HOLLY J. SUTTON and DOES IV through V, did loan, rent, sell or 26 give to Decedent JAMES LEA HAGMIAN, a certain 1975 360 motorcycle , WILLARO E.STONE - All;-"At operating 1 California license number 3M2705 , for the purpose o.;.. operating 0 2 said motorcycle on the public streets and highways of California, 3 and thereafter the Decedent, JAMES LEA HAGMAN , did operate that 4 motorcycle with the knowledge , consent and permission of the 5 Defendants , RICHARD K. SHORES , ROBERT R. SUTTON, HOLLY J. SUTTON 6 and DOES I through V. 7 6 . Said ,Defendants knew that the motorcycle was in a 8 dangerous and defective condition and unfit to be operated on 9 the public streets and highways in that the front tire was bald 10 and the front brake was defective , and Defendants knowlingly 11 permitted the motorcycle so equipped to be placed and operated on il --s and highways of California and including 12 the public street- 1. including 131 Marsh Creek, ' Road, as herein mentioned. 14 7 . On May 3 , 1986 , the Decedent was driving said,motorcycle 15 in a westerly direction on Marsh Creek Road, approximately 1. 4 16 miles west of its intersection with Deer Creek Road. As aproxi-ia: 17 result of the dangerous and defec-:4-ve condition of the mo-or- 18 cycle as aforesaid and the negligence of the De-fendants , and 19 each of them, the motorcycle went off the roadway and the foot 20 peg struck the described utility pole , causing the Deced'ent and 21 motorcycle to overturn and to proceed down an embankment , causing 22 severe injury and brain damage , which resulted in the death of 23 the Decedent! on June 25 , 1986 . 24 WHEREFORE , Plaintiff prays judgment against the Defendants , 25 and each of them, as hereinafter set forth. 26 AnLLARO E.STONE Allorr.ow At La- WTI 124 1211 NEWELL AVENUE WALNUT CAEEK CALIP.90% 14111 Vj$, FOURTH CAUSE OF ACTION t. 2 :(PERSONAL INJURY AS TO DEFENDANTS 3 RICHARD K. SHORES , ROBERT R. SUTTON AND HOLLY SUTTON). 4 1. The P'l'aintiff repleads , realleges and incorporates hereln. 5 by reference paragraphs one through four of the Second Cause of 6 Action and all of the allegations contained in the Third Cause 7 of Action as 'if the same were set forth in full. 8 2. On or about May 3 , 1986, Defendants RICHARD K. SHORES , 9 ROBERT R. SUTTON, HOLLY J. SUTTON and DOES I through V owned, 10 maintained, controlled and managed said above described motor-cycl- 11 WHEREFORE, Plaintiff prays judgment against the Defendants , 12 and each of them, as hereinafter set forth. 13 FIFTH CAUSE OF ACTION 14 (EXEMPLARY DAMAGES AS TO DEFENDANTS 15 RICHARD K. SHORES , ROBBERT R. SUTTON AND HOLLY J. SUTTON) 16 1. Plaintiff repleads , realleges and incorporates herein 17 by --eference ! all of the allegations contained in the Fourth Cause 18 of Action as though set forth in full. 19 2 . That in doing the acts herein alleged, Defendants RICHARD 20 K. SHORES , ROBERT R. SUTTON, HOLLY J. SUTTON and DOES I through V 21 and each of them, acted with oppression, fraud, malice and in 22 conscious disregard of the rights and safety of the Decedent , 23 JAMES LEA HAGMAIN, and based thereon the Plaintiff is entitled to 24 punitive and exemplary damages in the sum of Two Hundred Fifty 25 Thousand ($250 , 000) Dollars . 26 WHEREFORE, Plaintiff prays judgment against the Defendants 4nVLAAO E.STONE M L&� 'LITE 124 *­'OVELL AVENUE r CACEK 7- 1 and each of 'them, as follows : 2 1. For general damages in an amount in excess of the 3 minimum jurisdiction of this court; I 4 2. Formedicaland incidental expenses according to proof ; 5 3 . For loss *of income according to proof; 6 4 . For funeral and burial expenses. for LINDA LINDA HAGMAN , 7 Decedent ' s Personal Representative , in an amount according to 8 proof; 9 5 . As against Defendants RICHARD K. SHORES , ROBERT R. SUTTON 10 MOLLY J. SUTTON and DOES I through V, punitive and exemplary 11 damages in the sum of Two Hundred Fifty Thousand ($250 , 000)Doll--=-- 12 6 . For' costs of suit herein incurred; and 13 7 . For; such other and further relief as the court may dee= 14 proper . 15 16 Dated: December 1986 17 18 C) WILLARD E. STONE, Attorney 19 Plaintiff 20 21 22 23 24 25 26 WILLARO E.STONE Aiiafnev A SUITE I VERIFICATION 2 1 , the undersigned, declare : 3 That I - am a party to the foregoing proceeding ; that 4 1 have read the foregoing document and know the contents 5 thereof; that the same is true of my own knowledge , except 6 for the matters set forth upon my information or belief, and 1 7 as to such matters that I believe to be true. 8 I declare under penalty of perjury that the foregoing 9 is true and correct . 10 Executed on December 16 1986 at Walnut Creel--, 11 California 12 13 14 15 LINDA LIND HAGM,�.N_ 16 17 18 19 20 21 22 23 24 25 26 v4nLLARD E.STONE Anorn"Al Lt- suffe 112" 1211 NEWELL AVENI-1E WALNUT CA EE, CALIF.94S�— Instructions to Claim e:x v: rO Martinez,Catifomta gA¢x 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 far fraudulent claims , Penal Code Sec. 72 at end o his form. **ftltttt�rrart�rt*:,ttt�i * tt*�ftt�e*tRlr,R�*�t*ttt***,k#t***t:*,tt,r:�t�*f::3t:frt,c: RE: C ai, b�r LINDA LIND HAGMAN, on ) ReserveECLK '�8 i in stamps behalf of VnRGINIA L.HAGM.AN, NICHOLASj C. HAGMAN and JONAT'F•�I�t W. HAGMAN, mino s �- and all zamily memoers anc neirs or S L. HAGMAN, Beceased. .gnd on behalf of tKe est T ;a_u G, - ) cAgainst the COUNTY OF CONTRA COSTA) 04ELOa RSor DISTRICT) r summa o.aav Sy The• undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 500 , 000 and in support of this claim represents as follows : �. +When did theldamagelor -------------------------------------------- occur? (Gexath The injury to James Hagman occurred on May 3 , 1986 , at approximately 6 : 50 p.m. Mr . Hagman died from the injuries on June 25 , 1986. ----------- _-r_______ �. `Where did the daaor injury occur? (Include city and county)____ On Marsh Creek Road, 1. 4 miles west of Deer Valley Road, an un- incorporated area` of Contra Costa County, 3. Bow did the damage or injury occur? (Give full details , use extra sheets if required) As Mr. Hagman made a turn on Marsh Creek on a moto-r cycle , he went off of the roadway onto the gravel shoulder where his motorcycle foot peg struck a utility pole causing the motorcycle to fl= over , injuring Mr; Hagman so as to cause his death. 4 . '�What-part.icular actlor omission on the part of county or districts-� officers , servants or employees caused the injury or damage? The place of the utility pole was so close to the roadway so as to constitute a danger and hazard to the motorists and motorcyclists travelling said rba' _..� making the left turn in a west bc,-d directio- (over) employee' s causing ty�,,..iamagi or injury? Uiiknown at this time _ Z !r - ;; UY- -- ----- 11! iZ1ea1Kve —u-1etent --- of injuries or —ges claimed. Attach two estimates for aqto brain damage) Mr. Hagman from massive brain injury including contusion, basilar skull fracture and brain stem damage . He died on June , 19,86. Claim is aaserted for damages on behalf of the Decedent z =or io�i_s or su'OT)Ort .- co=ort and society t.o_theh,ei-s How was the amount claimed --__ imed above computed? (Include the amount of any prospective injury or damage. ) Unknown at this time. andlhospitals .------!______ Doctor : Glenn Lee , M.D. Witnesses : Robert & Holly SuttO Kaiser Hospital 1825 Manzanita Dr. 1425 Main Street Concord, CA. 94519 Walnut Creek, CA. 94596 Listithe expenditures you iaade on account cfrthis accident injury: 1_3---- ITEM X40UNT May 3, 1986 Delta Memorial: Hospital unmown May -3, 1986 Emergency Medical Care to May 14 , 1986 John Muir Hospital unknown May 14 , 1986 . ongoing Kaiser Hospital medical care until June 25 , 1986 Govt. Code Sec. 910.2 provides : "The claim signed by the claimant (Attorney) or by some erso _�o SEND NOTICES TO: n n his behalf . ' 'Name and Address of Atto--nev WILLARD E. STONE Claimant's Signoture. 1211 Newell Ave , Suite 124 1166 Santa Lucia Drive Walnut Creek, CA. 94596 Address -Pleasant Hill , CA. 94523 Telephone No.' (415) -935-1711 TelephonL& No. (415) 686-2711 I. NOTICE Section 72 of the Penal Code provides: 1, "Every personwho, 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. " • t Instructions to ClaiLtC`•�.kof it�e Board Martinez,Caliiomia 945.3 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 muht be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk! s fi�l�,ang star LINDA LIND HAG,_AN ) Conservator of JA1,ES LEA HAG,tA_ RECEIVED Against the COUNTY OF CONTRA COSTA) JUN 7_ 10.806 or DISTRICT} ►+��s�trr�c: F 2 i n name } C,lt-,;K �a3 .CCY. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 500 . 000 . 00 and in support of this claim represents as follows: _.t. --------------- --------_ _ _--- - -_- �.- wren-did the-ca_ age or :n3ury occur? (Give-exact-date and-hour)' May 3 , 1986 at approximately 6 : 50 p.m. ' T _____ .._ _�-_--------_----------_------------------- _ �.- Where did the damage or_in3ury occur? (Include city and county) On Marsh Creek Road, 1 . 4 miles west of Deer Valley Road, an unincorporated area of Contra Costa County -------------------- j 3. How did the damage or-in)ury-occur?-- (Give lu2i details-_ust extra 1 sheets if required) As r. Hagman made a turn on Marsh tree on a motorcycle , he went off of the roadway onto the gravel shoulder where his motorcycle foot peg struck a utility pole causing the motorcycle to flip over , injuring Mr. Hagman severely. ------------------.------_---_----_-_______-_-_-________--_--_-_________ 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The placement of the utility pole was so dose to the roadwa . so as to constitute a danger and hazard to, motorists and motor- . cyclists travelling said rca" making the left tur^ in a west bound directi..,.. rl 5. X2 at are the names',, .-;e county or district offiLs , servants or" empioyees causing ae damage or injury? Unknown at this time 6 . What Gama a or in uries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates fc-- +tu*n damage) Mr . Hagman suffers from massive brain injury including b=a_r. . contusion, basilar skull fracture and brain stem damage. He has been in a coma since the date of the accident. ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Unknown at this time ------------------------------------------------------------------------- 8. Names and addresses of witnesses , doctors and hospitals. Doctor : Dr . Glenn Lee, M.D. Witnesses : Robert & Holly Suttc:- Kaiser Hospital 1825 Y-anzanita Dr . 1425 Main St Concord, CA. 94519 Walnut Creek, CA. 94596 ----------------- -------------------------------- ---------------------------------T--------------------- •t+he- expenditures you made on account of this accident or injury : i - • DATE • ITEM AMOUNT May 5;��8EiDelta Memorialospital u^.cnow-n May 3 , 1986 , Emergency Medical Care to Mayl4 , 1986 John Muir Hospital unknown Medical Care May 14 , 1986 ongoing Kaiser Hospital Medical Care u known Govt. Code Sec. 910.2 provides : "The claim signed by the claima SEND NOTICES TO: (Attorney) or/-by some -De=soa'i on his behalf Name and Address of Attorney WILLARD E. STONE Claimant s Signature 1211 Newell Ave , Suite 124 1166 D•-ive Walnut Creek, CA. 94596 Address Pleasant Hill . CA. 94523 Telephone No. (415) ' 935-1711 Telephone No. (415) 686-2711 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent xto defraud, presents for allowance c: 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 payr the same if genuine , any false or fraudulent claim, bill , account , vouchtz or writing, is c-ilty of a felony. " CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 2 , 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: $1, 000, 000. 00 Section 913 and 915.4. Please note all "Warnings". County Counsel CLAIMANT: EDNA POSTON c/o Steven Kazan, i MAY 0 f'1981 ATTORNEY: A Law Corporation M� 171 12th St. , #300 Date received April 27 ,MfAq@X- 0A .94553 ADDRESS: Oakland, CA 94607, BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: April 24, 1987 Certified P 577 838 643 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 30, 1987 PpHHIL BATCHELOR, Clerk DATED: P BY: Deputy . L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( 41 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: r puty County Counsel II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected ip 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 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 3 1987 BY: PHIL BATCHELOR by w4/ Deputy Clerk CC: County Counsel County Administrator RECEIVED APR��1987 CLAIM AGAINST COUNTY OF CONTRA COS A AND MT. DIABLO HOSPITAL MEDICAL CENTER TO: Board of Supervisors Contra Costa County 651 Pine Street, Room 106 Martinez , California 94553 Administrator Mt. Diablo Hospital Medical Center 2540 East Street Concord, California 94520 CLAIMANT'S NAME: Edna Poston CLAIMANT'S ADDRESS : 1244 Raymond Drive Martinez , California 94553 CLAIMANT'S TELEPHONE: (415) 671-2641 AMOUNT OF CLAIM': $1,000 ,000 .00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: Steven Kazan, A Law Corporation 171 12th Street, Suite 300 Oakland, California 94607 (4 15) 465-7728 DATE OF OCCURENCE: January 16, 1987 PLACE OF OCCURENCE: Mt. Diablo Hospital Medical Center 2540 East Street Concord, California 94520 HOW DID ACCIDENT OCCUR: Injuries were sustained by claimant during a right eye cataract operation conducted at Mt. Diablo Hospital on January 16, 1987. Care and treatment provided to claimant were below accepted standards of care, resulting in claimant' s severe facial disfigurement and loss Of vision. ITEMIZATION OF , CLAIM: Claimant suffers medical expenses, pain and suffering, loss of vision in her right eye, severe emotional distress, severe facial disfigurement and consequent loss of earnings, and other damages the extent of which are not presently known. Amount of said itemization: $1,000 ,000 .00 . DATED: April 24, 1987 By: Ri Read , Esq. STEVEN KAZAN A LAW CORPORATION Attorney for Claimant 1 `PROOF OF SERVICE BY MAIL - CCP 1013a, 2015.5 2 3 I declare that: 4 I am 'employed in the County of Alameda, State of 5 California. I am over the age of 18 years and not a party to 6 this action. My business address is 171 12th Street, Suite 300, 7 Oakland, California 94607. On April 24, 1987 I served the 8 followingldocument (s) : 100 day County Claim 9 10 on the parties in said cause, by placing a true copy thereof in a 11 sealed envelope with postage fully prepaid thereon, in the United 12 States mail at Oakland, California, addressed as follows: 13 Board of, Supervisors 14 Contra Costa County 651 Pine Street, Room 106 15 Martinez; California 94553 16 Administrator - Mt. Diablo Hospital Medical Center 17 2540 East Street Concord, CA 94520 18 19 20 21 I declare under penalty of perjury that the foregoing is 22 true and correct. 23 DATED: April 24, 1987 24 25 26 Karen Rosenberg STEVEN KAZAN Administrative Assistant A LAW CORPORATION 171 TWELFTH STREET SUITE 700 OAKLAND,CALIF.91607 (416)1657726 (415)697.7211 � =AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION. the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT June 2, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified , Section 913 and 9I6^4^ Please note all " i U10���� CLAIMANT: VOLKSWAGEN (]Ir A2�EIlIC/� �� ��^�m�_^ ' c/o Geoffrey M. Creighton, Esq. &�»�' — '^�x� ATTORNEY: Carroll, Burdick & McDonough �� '"'�' 8�� ' [��e lIcl«ez. Building :�400 Date received ^ AUURE��� S�� ]�o�mzzciouo` ���� BY DELIVERY TO CLERK U y1;s}/ /� 195� -� ��A 9��l05-277R '' / n%�f� �� BY MAIL POSTMARKED: April " 1987 ^^ FROM:^ ~'~'^ of the Board of Supervisors TO: °~~^^v ^~°^"~' Attached is a copy of the above-noted claim' ��v 7 ���7 PHlL k,�� DATED: ---� ` u,� UebDl L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors 0() This claim complies substantially with Sections glO and 910.2. 7 ' ( ) 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 9I0,8). ( ) 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: 8YDeputy 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 AS A0&WZL-,6 ( ] Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. 0�Y �� ! � �� _ Dated: 8w��« PHIL BATCHELOR, Clerk, By Deputy Clerk / WARNING (Gnv' 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 wont 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 Jnited States, over age lB; 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' � lated: JUN w 1987 ' BY: PHIL BATCHELOR ��Deputy Clerk V_j i CARROLL, BURDICK & MCDONOUGH COUNSELORS AND ATTORNEYS AT LAW ONE ECKER BUILDING, SUITE 400 County Counsel ECKER & STEVENSON STREETS SAN FRANCISCO.CALIFORNIA 94105 TELEPHONE [4t5] 495-0500 MIAY 01 1987 TELEX ADDRESS:CARBUR SFO Martinez, CA 94553 TELEX NUMBER. 17-2450 April 27, 1987 MAY 1987 Victor J. Westman, Esq. County Counsel Contra Costa County Administration Building P. 0. Box 69 Martinez, CA 94558 Re: Chew v. Volkswagen, et al. Contra Costa County Civil Action No. 293577 Dear Mr. Westman.- We have ;received the Notice of Insufficiency and/or Non-Acceptance of Claim, served April 16, 1987 (copy enclosed) . The insufficiency, according to the form, states that: The claim fails to state the date of the occurrence or transaction which gave rise to the claim asserted. (See #7) 7. Other: The claim fails to state the date of service of the complaint. (See Govt. Code S 901 ) . On the contrary, the document does state the date of service. Paragraph ,4 at page 2 states: "Claimant, Volkswagen of America, Inc. , received notice of this lawsuit on or about December 23, 1986. 1' Furthermore, attached to the Claim was a copy of the Summons and Complaint, with the Summons stating that service was effected by personal delivery on 12/23/86. i Accordingly, we again submit to you, as we initially did by service on April 2, 1987, the Claim against the County of Contra Costa on behalf of claimant Volkswagen of America, Inc. a t CARROLL,BURDICK & MSDONOUGH Victor J. Westman, Esq. Re: Chew v. Volkswagen, et al. April 21, 1987 Page -2- Thank you for your attention to this matter. Very truly yours, CARROLL, BURDICK & McDONOUGH Geoffr y M. Creighton GMC:jai c\chew\2015.L Enclosure 140TICE OF INSUFFICIENCY_ AND/OR NON-ACCEPTANCE OF CLAIM TO : Geoffrey„M. Creighton, Esq. Carroll , Burdick & McDonough One Ecker Building, #400 San Francisco CA 94105-2778 P..e : Claim of VOLKSWAGEN OF AMERICA, INC. Please ^ake Notice as follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 . 2 , or is otherwise insufficent for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimaint. 2 . The claim Fails to state the post office address to which the person presenting the claim desires notices to be sent . x 3 . The claim fails to state the date, pdaatxx=xjbhe=xxbMQUr0rx xAxaxxxic of the occurrence or transaction which gave rise to the claim asserted . (See #7 ) 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. 5. The claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage, or loss so far as known, or the basis of computation of the amount claimed. 6 . The claim is not signed by the claimant or by some person on his behalf. x 7 . Other: The claim fails to state the date of service of the complaint. ( See Govt . Code § 901 ) VICDOR J. W=M, County Counsel B v: Deputy unty Counsel CERTIFICATE OF SERVICE BY MAIL (C.CP. 5§1012, 1013a, 2015. 5; Evid.C. §§641 , 664) i. Mv business address is the County Counsel's Office of Contra Costa county, Co.Admin. Bldy . , P.O. Box 69, Martinez, California 94553 , and I am a citizen ,, of the United S` ates, over 18 years of age, employed in Contra Costa County , and not a party to this action. I served a true copy of this Notic,, of Insufficiency and/or Non-Acceptance of Claim by placing it in a. envelope (s) addressed as shown above (which is /are place (s) having del ivery service by U.S. !-la-, 1) , which envelope (s) wa than seal--d and postage fully prepaid thereon, and thereafter was , on t' is day dep,,.,:ited in the U. S. Mail at Martinez/Concord, Contra Cesta County, California. Certify under penalty of perjury that the foregoing is true and - ,creCt . - �;, April 16 , 1987 at !-Martinez , California . Cc : Clerk of the Board of Supervisd�s (ori final) g Risk Management i I CARROLL. BURDICK & McDONOUGH COUNSELORS AND ATTORNEYS AT LAW 2 ONE ECKER BUILDING, SUITE 400 ECKER & STEVENSON STREETS SAN FRANCISCO, CALIFORNIA 94105 3 TELEPHONE (415) 495-0500 4 ATTORNEYS FOR 6 Defendant Volkswagen of America, Inc. 7 8 CALIFORNIA SUPERIOR COURT 9 CONTRA COSTA COUNTY 10 11 JENNIFER CHEW, a minor, by and No. 293577 through her Guardian ad Litem, 12 RANDY CHEW, 13 Plaintiff, 14 VS . CLAIM AGAINST THE COUNTY OF CONTRA COSTA PURSUANT 15 VOLKSWAGEN OF AMERICA, INC. , a New TO GOVERNMENT CODE Jersey corporation, PACIFIC GAS & SECTIONS 905, 905.2, 16 ELECTRIC COMPANY, a California 910 and 910 .2 corporation, PACIFIC BELL, a 17 California corporation, CITY OF CONCORD, NORTHERN CALIFORNIA JOINT 18 POLE ASSOCIATION, BOWMAN' S CONCORD VOLKSWAGEN, and DOES 1 through 100, ) 19 inclusive, 20 Defendants. 21 22 TO THE COUNTYOFCONTRA COSTA: 23 Claimant, VOLKSWAGEN OF AMERICA, INC. , hereby makes a 24 claim against the County of Contra Costa for any and all sums to 2$ which Claimant may be found or held liable, or for any and all 26 sums paid out in the settlement of the action entitled Jennifer I Chew, a minor, by and through her Guardian ad Litem Randy Chew v. 2 v. Volkswagen, of America,. Inc. , et al . , pending in the Contra 3 Costa County Superior Court, Civil Action No. 293577, and makes 4 I the following statements in support of such claim: 5 1. The Claimant's name is Volkswagen of America, Inc. , 6 I and its address is 600 Sylvan Avenue, Englewood Cliffs, New Jersey 7 I 07632 . 8 2 . Notices concerning the claim should be sent to 9 Geoffrey M. Creighton, Esq. , Carroll, Burdick & McDonough, One 10 I Ecker Building, Suite 400, San Francisco, California 94105-2778. 11 3 . The occurrence giving rise to the claim is alleged 12 ( to have occurred on April 23 , 1986, in Contra Costa County on i I Treat Boulevard one-tenth mile south of Cunec Road, Concord, 13 I 14 California. The alleged accident involved a vehicle driven by 15 I Catherine Chew in which her daughter, Plaintiff Jennifer Chew, was 16 a passenger; Plaintiff claims injuries resulting in paraplegia. 17 I 4. Claimant, Volkswagen of America, Inc. , received 18 notice of this lawsuit on or about December 23 , 1986. I 19 I 5. Plaintiff' s Complaint, attached hereto as Exhibit A i 20 I and incorporated by reference herein for informational purposes, 21 I sets forth Plaintiff' s allegations of the nature and extent of her 22 ( . damages. Claimant denies that it is obligated to pay to Plaintiff I 23 or to any other party to this lawsuit any sums of money whatsoever 24 in connection with the matters alleged in the action, and further 25 denies that it has any responsibility for any damages, if any 26 there were. However, in the event that the Claimant is found to -2- 1 be liable to the Plaintiff or to any other person as alleged in 2 Plaintiff's Complaint, the Claimant is entitled to full and 3 complete indemnity, or in the alternative, to partial indemnity, 4 from the County of, Contra Costa, based on the fact that such 5 liability would in fact be attributable to the conduct, action, or 6 omission of the County of Contra Costa. 7 6. The liability of the County of Contra Costa is 8 based upon the County of Contra Costa's negligence and improper 9j design, maintenance, construction and signing of Treat Boulevard 10 in Contra Costa County, including, but not limited to, the failure 11 to provide guardrails, failure to provide a curb, failure to 12 provide impact attenuators in front of PG&E pole no. 9270 which 13 was struck by the subject automobile, failure to post adequate 14 warning signs on the curve where the accident occurred, and 15 failure to maintain the shoulder of the road in a safe condition 16 in the vicinity of the subject accident. 7. , The names of the public employees causing the 17 18 alleged damages are presently unknown, but Claimant is informed 19 and believesthatemployees of the County of Contra Costa would be 20 among the persons responsible for causing the alleged damages. 21 S. As of the date of this claim, Claimant seeks an 22 unspecified amount, contribution and indemnity, since there has 23 been no determination by the courts as to the amounts, if any, 24 which Claimant is required to pay. Similarly, Claimant makes 25 claims to the County of Contra Costa for its costs of suit, 26 attorneys' fees, and other expenses incurred in connection with -3- 1 the defense 'of this action in the event that County of Contra 2 Costa does not agree to assume the defense of the Claimant in the 3 above-mentioned action. 4 Dated: April 2, 1987. 5 Respectfully submitted, 6 CARROLL, BURDICK & McDONOUGH 7 8C1, By O'�af 9 Ge'o'ff&y M. Crei§hton Attorneys for Claimant 10 Volkswagen of America, Inc. 11 i 2 13 14 15 16 17 18 19 20 21 22 23 24 25 Chewl/I 26 amt -4- No.6303 EXHIBIT A SERVICE OF PROCESS TRANSMITTAL FORM CT SYSTEM LOS ANGELES, CALIFORNIA. C T Corporation System 1C::v) (State' The Corporation Trust Company 12-24-86 IDate1 TO: Nathan Richard Skipper Jr. — — ( X ► Via Certified First Class Mail Volkswagen o ericanc . _ _ _ P2 94 837 858 P.0. boxes 3951 ( ► Via Messenger Troy , MI 48084 RE: PROCESS SERVED IN CALIFORNIA (JU•,sd,c.o^) FOR VOLKSWAGEN OF AMERICA, INC. NJ IName of Company) 10omestic State) ENCLOSED ARE COPIES OF LEGAL PROCESS SERVED UPON THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS: 1. TITLE OF ACTION: JENNIFER CHEW, ET AL vs . VOLKSWAGEN OF AMERICA, INC. , ET *AL 2. DOCUMENT(S) SERVED: KX.Summons (XX Complaint ( i C;aim & Order ( ) Exhibits ( ) Certificate of Assignment k-t Order 3. COURT: DcX Superior Court of California, County of Contra Costa Case = 293577 ( 1 4. NATURE OF ACTION: ALLEGED NEGLIGENCE RESULTING IN PERSONAL INJURIES S. XX ON WHOM PROCESS WAS SERVED: C T CORPORATION SYSTJV, Los Anpeles, California. ( )PROCESS RECEIVED BY: C T CORPORATION SYSTEM, Los Angeles, California, via mail. FROM: Envelope Post Marked enclosed. 6. ( )MATE AND HOUR OF SERVICE: jq 12-23-86 at 3 : 15 p .m. ( )DATE RECEIVED: 7. APPEARANCE OR ANSWER DUE: PL>q Within 30 days S. PLAINTIFFS ATTORNEY(S): BELZER, JACKL, KATZEN, HULCHIY, MURRAY & BALAMiJTH �.7 2033 N. Main St. , :&XkNJM XX St4e 700 Wlanut Creeks, CA 94596 9. REMARKS: KINDLY ACKNOWLEDGE RECEIPT BY SIGNijNG Signed C T CORPORATION SYSTEM THE CARBON COPY AND RETURNING IT TO -sem Per Terry Lvons/am ^ Address $ S�lgilProa St Ste 0 ^j Los AnaEles, Califomia ;�00i7 C T 2926 ickEv. C; - 10N1 - 11:84 ! «r7bIiY11111VIYa . (CITACIDN JUDICM " �-- few taker+lar Oi► NcTIM TO DEFENDANT (A► so a Acusado) feria ••1„00. C0r+. VOLKSWAGEN „p_' t6MRICA; INC.'# a New Jersey_corpora -PACIFIC GAS & ELECTRIC COMPANY, a California corporation, PACIFIC BELL, a California torpor- ation, CITY OF CONCORD, NORTHERN CALIFORNIA 'POLE ' ASSOCIATION, BOt,TN!AN'S CONCORD VOLKSWAGEN, and DOES 1 through 100, inclusive,.., YOU ARE BEING SUED BY PLAINTIFF: i (A Ud. le esti demandando) ; JENNIFER CRL1., a minor, by and through her Guardian ad Litem, RANDY CHEM You have 30 CALENDAR DAYS after this sum. Despues de que k entneguen esta citation judicial usted mons is served on you to file a typewritten re- tient un pUzo de 30 DIAS CAI.ENDARIOS para presentar sponse at this court: una nespuesta escrita a maquina en esti carte. A letter or phone call will not protect you; your . Una carta o una Aamada telefdnic,at no le ofrreceri typewritten response must be in proper legal protection; su respuesta escrita a maquina tiene que- "UM the ue- vrarrt-tlse cat"'r e. cum plir con las AwmaWades kgak+-zpropiadar st•usre+d M you do not file your,response on time, you rmr quiere9w cww escucise su cssa lose the case, and your wages. money and pro- Si usted no presenta su nespuesta a tkr»pc puede perder party may be taken without further warning from el casa y le pueden quitar su salario, su dinero v arras cows the court. de su propiedad sin aviso adiaonal por parte de la torte. There are other legal requirements. You may. Existen otros mquisitos legales. Puede que used quiera want to call an attorney right away. If you do not hamar a un abolrado inmediatamente. Si no conoce a un know an attorney.you may call an attorney refer-; abogado, puede hamar a un servicio de mfenencia de ral service or a legal aid office (listed in the phone aboltados o a una oflcina de ayuda legal(yea el directorio book). telefonico). b"i NkJMl6in (F v#W 1 dW,Come, The name and address of me court is: 1EJ hombre ,y d;reccidn de la come ev I 2 3 5'7 7 SUPERIOR COURT OF CALIFOR2•:ZA,. CONTRA COSTA.. COUN7X STREETADDRESS. 7255 Court Street ` WAILING A A21IW9 . P-a. � 9la:. CITY ANL ZIP CODE Mart-ine Z, CA 9 4 5 5 3 The name, address. and telephone number of plainti`''s attorney. or plaintiff wirhout an attorney, is tc': nombre. ie d(recbor } ei humero de reie one de: abogado de.'oeman sante. o de:demancante que no riene aoorado, esi BELZEF., JFCKL, K.ATZEN, HL'r_,,CHIY, VMRRAY & BA_TA."ZuTE 2033 N. ".ain St. , Ste. 700 tlalnut Creek, CIS 94595 (415) 932-8500 D>ATE10V 13 1386 3. R. OISSON cleric. by D. LEWIS Oe:-x - IFI:nal IAcTWrno: 1,^�c Kapo { } NOTICE TO THE PERSON SERVED: You are served t i as an irw6vidual oeienctant. i2. as me Pe-son sued under the f=ous name of fspecify,: } } 3. on baha!f o`= 1s ' ^�ksC.ti -- unoer_ CCP 416.10 fcorooration! CCP 41--so W.Tmor! i i CCP 41E.20 Idefunc: aorao*ationl CCP 4IL70 lcansenratee! I CCP 416.4p (association or pertnership•)i- CCF 41E.90 littdiyid;tal, ctner.A kkt,,,�E.IY'e j OKADCC� 61`111 4. bS' persorai cel,wN on (date,,: t�, —•Z 3 �(� Ig "02.1e o. Ikw 96<` tS" reve"W for Proe of sm'"Mi salwis. ;r..jW%AW% SUMMONS Cro 4-_.2[ WM. BARRY BALAMUTH, ESQ. t� I 1 BELZER, JACKL, KATZEN, N�,� 2 HULCHIY, MURRAY i BALAMUTH The Peri Executive Centre J. R. C*=^0N, Cau„rl C;;,;�; 3 2033 N. Main Street, Suite 700 CONTRA C'_STA COU' Walnut Creek, California 94596 9y NTI 4 Telephone: 415-932-8500 0. Lewis ce U, S Attorneys for Plaintiff 6 7 8 SUPERIOR COURT, STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 JENNIFER CHEW, a minor, 11 by and througta her Gaardian RQ;- . 293577 { ad Litem, RANDY CHEW, 12 `: W 8 $ 13 Plaintiff, COMPLAINT FOR STRICT ” ' LIABILITY AND NEGLIGENCE i = W � _ 14 V ►c •—e VOLKSWAGEN OF AMERICA, INC. , I W W a New Jersey corporation, 16 PACIFIC GAS 5 ELECTRIC COMPANY, a California 17 corporation, PACIFIC BELL, a California corporation, < CITY OF CONCORD, NORTEERN ,� 18 CALIFORNIA JOINT POLE ASSO- 19 CIATION, BOWMAN' S CONCORD VOLKSWAGEN, and DOES 1 20 through 100, inclusive, 21 Defendants. 22 23 GENERAL ALLEGATIONS 24 1. Randy Chew, guardian ad litem for Jennifer Chew, a 25 minor, is; and at all times herein relevant was, an individual 26 residing in the City of Concord, . County of Contra Costa, State o: 27 California. 28 2. Plaintiff is informed and believes, and on that basis -1- I alleges that defendant Volkswagen of America, Inc. (hereinafter 2 referred to as "Volkswagen'} is, and at all times herein relevant 3 has been, a corporation duly organized and existing under and by 4 virtue of the laws of the State of New Jersey, duly licensed to S transact business in the State of California, and was, at all 6 times relevant herein, transacting business within the State of ' 7 California, ' and within the City of Concord, County of Contra g Costa. 9 3. Plaintiff is informed and believes, and on that basis 10 alleges, that defendant Pacific Gas and Electric Company 11 (hereinafter referred to as. 'PG&E') is a corporation duly . 12 organized and existing under and by virtue of the laws of the t 13 State of California, and was, at all times relevant herein, 24 conducting the business of a public utility in the County of is Contra Costa, California, Licensed as such.- W W Z W r E 16 4. Plaintiff is informed and.believes, and on that basis � 17 alleges, that defendant Pacific Bell is a corporation duly i8 organized and existing under and by virtue of the laws of the a � ig State of California, and was, at all times relevant herein, 20 engaged in the communications business in the County -of Contra t 21 Costa, California, licensed as such. 22 S. Plai;atiff is'"informed and believes, and on that basis 23 alleges, that defendant City of Concord is duly organized and 24 existing under the laws of the State of California. as a municipal 25 corporation, and that Treat Boulevard, at a location 26 approximately one/tenth (1/10) of a mile south of Cunec is 27 located within the boundaries of the City of Concord,- and i 28 defendant City of Concord is responsible for the design, 1 i x j -2- ' I maintenance, and safety provisions of such roadway. 2 6. Plaintiff is informed and believes, and on that basis 3 alleges, that defendant Northern California Joint Pole 4 Association (hereinafter referred to as the "Pole Association') , S is, and at all times herein relevant has been, a joint venture of 6 defendants PG&E and Pacific Bell, which among other•. th.ings, acts 7 . on behalf of such defendants in the collection of claims against a • third parties, and has engaged in the business of-collection of 9 claims against third parties in the City of Concord, County of 10 Contra Costa, State of California. 11 7. Plaintiff is informed and believes, and on that basis . 12 alleges, that defendant Bowman' s Concord Volkswagen (hereinafter < 13 referred to as "Concord Volkswagen') is, and at all times herein . iW ` . ; W 14 relative was, an entity of unknown origin-, conducting business in a = x � Y • 25 the City of Concord, County of Contra Costa, State of California, W n 516 as a retail distributor, seller and repairer of Volkswagens. ` ¢ 8. Plaintiff does not now know the true names or 17 18 capacities, whether individual, corporate, associate, or 19 otherwise, of defendants named herein Does I through 100, 20 inclusive, and for that reason sues said defendants by such . . 21 fictitious names. Upon ascertaining the names and capacities of 22 said fictitiously named defendants; g+atnttft-wi,ll••seek leave- to 23 amend this complaint accordingly. 24 9. Plaintiff is informed and believes, and on that basis 25 alleges, that defendants, and each of them, were, at all times 26 herein relevant, the agents, partners, joint venturers, 27 franchisees, employees and representatives of each of the other 23 remaining defendants and, in doing the things and acts herein _3_ I alleged , were acting within the scope of said agency, franchise, 2 partnership, joint venture, employment, and representation on 3 behalf of all of the defendants. 4 10. On or about August 19, 1985, plaintiff purchased a .1984 5 Volkswagen Rabbit from defendant Concord Volkswagen. 6 11. On or about April 23, 1986, Catherine Chew was operating 7 the 1984 Volkswagen Rabbit in a southerly direction on Treat s Boulevard in the City of Concord, County of Contra Costa, State of California, with her daughter Jennifer Chew, a minor, in the 10 back seat of such vehicle. Catherine Chew was driving within the it posted speed limit and Jennifer Chew vas wearing the lap seat 12 belt with which the 1984 Volkswagen was factory equipped. 8 13 12. Plaintiff is informed and believes, and on that basis a 14 alleges, that Catherine Chew turned her head toward her daughter W 5 E 15 Jennifer Chew, and collided into a utility pole allegedly owned a = X P Y 16 and maintained by defendants PG&E and Pacific Bell, which was R ; 17 directly in line with the curve of the road. lg 13. On or about July 22, 1986, the attorneys for Jennifer s j 19 Chew presented a claim against the City of Concord. 20 14 . On or about August 6, 1986, the City of Concord rejected 21 the claim of Jennifer Cbew, is its entirety. Pl.aiatiff is 22 therefore filing this 'complaint withis-siz- (61-moaths of the 23 rejection of such claim. 24 FIRST CAUSE OF ACTION 25 (NEGLIGENCE AGAINST VOLKSWAGEN, 26 CONCORD VOLKSWAGEN, AND DOES 1-50, INCLUSIVE) 27 15. Plaintiff realleges and incorporates paragraphs 1 28 through 14 of the complaint as though fully set forth herein. -4- r• 1 16. That at all times herein mentioned, defendants 2 Volkswagen, Concord Volkswagen, and Does 1 through 50, inclusive, 3 negligently and carelessly manufactured, designed, leased, 4 distributed, advertised, marketed, warranted, inspected, S repaired, fabricated, modified, serviced, assembled, and sold a b certain 1984 Volkswagen Rabbit, and every component part thereof, 7 in that same was capable of causing and did, in fact, cause S personal injuries to the user and consumer thereof while being 9 used in a ;manner reasonably foreseeable, thereby rendering the 10 same unsafe and dangerous for use by the consumer , user, or. 11 bystander. 12 17. That on or about April 23, 1986, Catherine Chew was 13 using and operating said 1984 Volkswagen Rabbit in a manner that W € 14 was reasonably foreseeable. It,=_ ES = " 15 18. That on or about April 23, 1986, as a direct and s 'N Y W 2 16 proximate result of the negligent and careless conduct of the 27 defendants, and each of them, as aforesaid , said 1984 Volkswagen, 18 which was equipped with only a lap belt in the rear seat which s ig was utilized by Jennifer Chew, was involved in a collision, in 20 which the lap seat belt did not adecuately protect Jennifer Chew, 21 a minor, thereby causing severe and permanent injuries to her. Z person . including, but not limited to, paralysis from the waist 23 down and abdominal injuries. 24 19. As a direct and proximate result of the aforesaid 26 conduct of the defendants, and each of them, plaintiff, Jennifer 26 Chew by and through her guardian ad litem Randy Chew, has 27 suffered, and continues to suffer, permanent injuries to her 28 person, body, and health, including but not Limited to, paralysis -5- I from the waist down and abdominal injuries, all to her general 2 damage in, a sum in excess of $11000,000. 3 20. As a direct and proximate result of the aforesaid 4 conduct of defendants, and each of them, plaintiff was compelled 5 to and did employ the services of hospitals, surgeons, nurses, 6 and the- like, to• care for and treat her, and did ' ihcur medical, 7 hospital, and professional and incident _expenses, and plaintiff 8 is informed and believes, and thereon alleges that by reason of 9 said plaintiff' s injuries, plaintiff will necessarily incur 10 additional like expenses for an.-,indefinite period of time in the g 11 future, and when said amounts are ascertained, plaintiff- will ask 12 leave of the court to amend this complaint to allege said amount. 13 WHEREFORE, plaintiff prays for judgment against defendants, y m 14 and each of them, as hereinafter set forth. W W 15 SECOND CAUSE OF ACTION W 16 (STRICT LIABILITY AGAINST DEFENDANTS, VOLKSWAGEN, L = it 4 17 CONCORD VOLKSWAGEN, AND DOES 1-50, INCLUSIVE) 18 21. Plaintiff realleges and incorporates paragraphs 1 19 through 14 of the complaint as though fully set forth herein. Ac 20 22. That at all times herein mentioned, defendants 21 Volkswagen, Concord Volkswagen, and Does 1 through 50, inclusive, 22 ~manufactured, designed, leased, distributed, advertised, 23 marketed, warranted, inspected, repaired, offered for sale, and 24 sold said 1984 Volkswagen Rabbit and each and every component 25 part thereof, which contained design and manufacturing defects in 25 that the same was capable of causing and, did in fact cause 27 personal injuries to the user and consumer thereof while being 28 used in a reasonably foreseeable manner, thereby rendering same -6- 1 unsafe and dangerous for use by the consumer, user, or bystander. 2 23. As a direct and proximate result of the conduct of the 3 defendants, and each of them, in designing, manufacturing, 4 leasing , distributing, advertising , marketing , warranting, 5 inspecting, repairing, offering for sale, and selling said 1984 6 Volkswagen Rabbit, and each and every component part thereof, 7 which contained design and manufacturing defects, in that the lap 8 seat belts located in the rear portion of the car were inadequate 9 for the proper protection of plaintiff , plaintiff has suffered 10 severe and permanent injuries to her person, including , but not = 11 limited to, paralysis from the waist down and abdominal injuries. I 24. As a direct and proximate result of the aforesaid 12 ' s ` s & i 23 conduct of the defendants, and each of them, plaintiff, Jennifer i 14 Chew by and through her guardian ad litem Randy Chew, has 15 suffered, and continues to suffer, permanent injuries to her z s 16 person, body, and health, including but not limited to, paralysis 17 from the waist down and abdominal injuries, all to her general 18 damage in a sum in excess of $1,000,000. i► 14 25. As a direct and proximate result of the aforesaid 20 conduct of defendants, and each of them, plaintiff was compelled 21 to and did employ the services of hospitals, surgeons, nurses , 22 and the like, to care for and treat her , and dial incur medical, 23 hospital, and professional and incidental expenses, and plaintiff 24 is informed and believes, and thereon alleges that by reason of 25 said plaintiff' s injuries, plaintiff will necessarily incur 26 additional like expenses for an indefinite period of time in t,.-.e 27 future , and When said amounts are ascertained, plaintiff will ask 28 leave of the court to amend this complaint to allege said amo=t. -7- WHEREFORE, plaintiff prays for judgment against defendants, 2 and each of them, as hereinafter set forth. THIRD CAUSE OF ACTION 4 (FAILURE TO WARN AGAINST DEFENDANTS, VOLKSWAGEN, 5 CONCORD VOLKSWAGEN, AND DOES 1-50, INCLUSIVE) .6 26. Plaintiff realleges and incorporates paragraphs 1 7 . through 14 of the complaint as though fully set forth herein. 27. Defendants Volkswagen, Concord Volkswagen, and Does 1 9 through 50, inclusive, knew that said 1984 Volkswagen Rabbit was 10 to be purchased and used without inspection for defects by 11 plaintiff. 12 28. Said product was unsafe for its intended use by reason a W g 13 of defects in its manufacture, packaging , labeling , distribution, IL G a s u 14 design, and sale, in that it was not etguipped with shoulder type seat belts--in _the-_rear seat and was distributed and sold without ° Ib warning that_lap. seat belts in the rear seat- were inadequate to # 17 protect consumers and users such as Jennifer Chew, with the a 18 possibility of death or paralysis from lap seat belts being 19 utilized in the rear seat of the vehicle. 20 29. On or about April 23, 1986, plaintiff was using said 21 product in a manner for which it was foreseeably intended to be 22 used, and as a proximate result of the defect previously 23 described, said product caused injuries to Jennifer Chew, which 24 include, but are not limited to, paralysis from the waist down 25 and abdominal injuries. 26 WHEREFORE, plaintiff prays for judgment against defendants, 27 and each of them, as hereinafter set forth. 28 // _g_ I FOURTH CAUSE OF ACTION 2 (BREACH OF EXPRESS WARRANTY AGAINST DEFENDANTS VOLKSWAGEN, 3 CONCORD VOLKSWAGEN, AND DOES 1-50, INCLUSIVE) 4 30. Plaintiff realleges and incorporates paragraphs 1 S through 14 of the complaint as though fully set forth herein. 6 31. At all times herein mentioned, and on and prior to April 7 23, 1986, defendants Volkswagen, Concord Volkswagen, and Does 1 g through 50, inclusive, and each of them, utilized advertising and 9 media to uL%e. the use and application of said 1984 Volkswagen 10 Rabbit, and expressly warranted to plaintiff and other members of 11 the general public that said product was effective, proper , and 12 safe for its intended use. y g = 13 32. Plaintiff relied upon said express warranty �1m Q 14 representations of the defendants, and each of them, in the 2 a 15 purchase of said product. 16 33. Said express warranty representations were false in that R ; 17 said product has not been adequately safeguarded against the 18 danger of severe injury and death to an occupant of the rear seat r i m 19 of the vehicle, when the factory equipped lap seat belts are 20 utilized by occupants of the 1984 Volkswagen Rabbit, and an 21 accident occurs. 22 34. As a direct and proximate result of the breach of said 23 warranties by defendants, and each of them, and the defects in 24 said product, plaintiff, Jennifer Chew by and through her 25 guardian ad litem Randy Chew, has suffered , and continues to 26 suffer, permanent injuries to her person, body, and health, 27 including but not limited to, paralysis from the waist down and 28 abdominal injuries, all to her general damage in a sum in excess -9- I I of $1,000,000. Z 35. As a direct and proximate result of the aforesaid 3 conduct of defendants, and each of them, plaintiff was compelled 4 to and did employ the services of hospitals , surgeons, nurses, , t O... 5 and the like, to care for and treat her, and did incur medical, 6 hospital, and professional and incidental expenses, and plaintiff is informed and believes, and thereon alleges that by- reason of 3 said plaintiff' s injuries, plaintiff will necessarily. incur additional like expenses for an indefinite period of time in the future , and when said amounts are ascertained,-,plaintiff will ask it leave of the court to amend this complaint to allege said amount. 12 WHEREFORE, plaintiff prays for judgment against defendants, . s8 I 13 and each of them, as hereinafter set forth. x W 14 FIFTH CAUSE OF ACTION U V R 15 (BREACH OF IMPLIED WARRANTY AGAINST DEFENDANTS VOLKSWAGEN, 16 CONCORD VOLKSWAGEN, AND DOES 1-50, INCLUSIVE) 17 36. Plaintiff realleges and incorporates paragraphs 1 18 through 14 of the complaint as though fully set forth herein. 19 37. Prior to and at the time the defendants Volkswagen, 20 Concord Volkswagen, and Does 1 through 50, inclusive, sold said 21 1984 Volkswagen to plaintiff and prior to the time that plaintiff 22 used said product for the hereinabove described purposes, 23 defendants, and each of them, impliedly warranted to plaintiff 24 that said product was of merchantible quality and safe for the 25 use for which it was intended by defendants, namely, for driving 26 on city roads, and for utilization of the rear lap belts by 27 occupants of such vehicle. 28 38. Plaintiff relied on the skill and judgment of the -IO- I defendants, and each of them, in selecting and purchasing said 2 1984 Volkswagen Rabbit, and on the date previously mentioned, 3 were using said product in a reasonably foreseeable and intended 4 manner. - o 5 39. Said product was not safe for its intended use nor of 6 merchantible quality as warranted by defendants, -in- that it was 7 defective and..t`e lap seat belts in the rear seat of the vehicle S were improper- and failed to provide adequate protection to an 9 occupant of such vehicle if such vehicle were involved in an 10 automobile accident. As a proximate result of the breach of said 11 implied warranty, plaintiff, Jennifer Chew by and' through her 12 guardian ad litem Randy Chew, has suffered , and continues to W 13 suffer, permanent injuries to her person, body, and health, x 14 including but not limited to, paralysis from the waist down and =_ abdominal injuries, all to her general damage in a sum in excess 1 is z ` = 16 of $1,000,000. � : 0. : I ; 17 40. As a direct and proximate result of the aforesaid is conduct of defendants, and each of them, plaintiff was compelled 19 to and did employ the services of hospitals , surgeons, nurses, 0 20 and the like, to care for and treat her , and did incur medical, 21 hospital, and professional and incidental expenses, and plaintiff 22 is informed and believes, and thereon alleges that, by reason of 23 said plaintiff' s injuries, plaintiff will necessarily incur 24 additional like expenses for an indefinite period of time in the 25 future , and when said amounts are ascertained, plaintiff will ask 26 leave of the court to amend this complaint to allege said amount. i 27 WE=ORE, plaintiff prays for judgment against defendants, 28 and each of them, as hereinafter forth. -11- { I SIXTH CAUSE OF ACTION 2 (NEGLIGENCE AGAINST DEFENDANTS PG&E, PACIFIC BELL, 3 ' NORTHERN CALIFORNIA JOINT POLE ASSOCIATION, CITY OF CONCORD 4 AND DOES 51-1001 INCLUSIVE) 3 41. Plaintiff realleges and incorporates paragraphs 1 6 through 14 of the complaint as though fully set forth herein. 7 42. Defendants PG&E, Pacific Bell, Pole Association, the g City of Concord, and Does 51 through 100, inclusive, owed a duty 9 to plaintiff and the general public to place and maintain the 14 „utility,-gole, that was involved in the suhj�ect_azcident_ in. a- safe 11 workmanlike manner and in a way which would guard against the 12 possibility of vehicles colliding with such utility pole if they 13 leave the Treat Boulevard roadway. mai 14 43. Plaintiff is informed and believes, and on that basis I[ 15 alleges , that defendants, and each of them, breached their duty Zrc2 16 to plaintiff and the general public in that said defendants t � = = 3 l� negligently placed and maintained the utility pole adjacent to 18 Treat Boulevard with the result that if a vehicle left Treat t. 19 Boulevard, it would collide directly with the utility pole which 20 had no protective material around such pole . As a direct and ^ 21 proximate result of defendants' negligence , plaintiff, Jennifer 22 Chew by and through hes guardian ad litem Randy Chew, has 23 suffered, and continues to suffer, permanent injuries to her 24 person, body, and health, including but not limited to, paralys-s 25 from the waist down and abdominal injuries , all to her general 26 damage in a sum in excess of $1,000,000. 27 44. As a direct and proximate result of the aforesaid 28 conduct of defendants, and each of them, plaintiff was compelled -12- I to and did employ the services of hospitals , surgeons, nurses, 2 and the like, to care for and treat her , and did incur medical, 3 hospital, and professional and incidental expenses, and plaintiff 4 is informed and believes, and thereon alleges that by reason of 5 said plaintiff' s injuries, plaintiff will necessarily incur 6 additional like expenses for an indefinite period o£ .time in the 7 future , and when said amounts are ascertained, plaintiff will ask 8 leave of the court to amend this complaint to allege said amount. 9 WHEREFORE, plaintiff prays for judgment against defendants, lA and. each of them, as hereinafter set forth. 11 SEVENTH CAUSE OF ACTION ■ 12 (NEGLIGENCE AGAINST THE CITY OF CONCORD AND 13 DOES 51-100, INCLUSIVE) 14 45. Plaintiff realleges and incorporates paragraphs 1 3 15 through 14 of the complaint as though fully set forth herein. Z e - 16 46. Defendants City of Concord and Does 51 through 100, R ; 17 inclusive, in undertaking to design, maintain, and supervise the 18 placement of utility poles addacent to Treat Boulevard, owed to 19 Plaintiff and the general public the duty to perform such 20 services in a careful and work.manLike manner , with the safety of users of the roadway the foremost prerogative o£,such defendant 22 in the placement and maintenance of a utility. pale and the design 23 of the roadway. 24 47. Plaintiff is informed and believes, am4 on that basis 25 alleges , that defendants City of Concord and Does 51 through 100, 26 inclusive, breached their duty to plaintiff in that said 27 defendants negligently designed and maintained Treat Boulevard at 28 a portion approximately one-tenth (1/10) of a mile south of -13- 1 1 Cunec, in that such defendants did not have a berm constructed on 2 the curb` of such roadway. 3 48. As a direct and proximate result of the aforesaid 4 conduct of the defendants, and each of them, plaintiff, Jennifer 5 Chew by and through her guardian adad litem Randy Chew, has 6 suffered, and continues- to- suffer, permanent injuries to her. 7 person, body, and health, including but not limited to, paralysis a from the waist down and abdominal injuries , all to her general 9 damage in a sum in excess of $1,000,000. 14 49. As a direct and proximate result of the defendants' 11 negligence, plaintiff was compelled to and did employ the 12 services of hospitals, surgeons , nurses, and the like , to care 13 for and treat her, and did incur medical, hospital, and 14 Professional and incidental expenses, and plaintiff is informed 3 15 and believes, and thereon alleges that by reason of said 16 plaintiff' s injuries, plaintiff will necessarily incur additional 17 like expenses for an indefinite period of time in the future , and is when said amounts are. ascertained , plaintiff will ask leave of 19 the court to amend this complaint to allege said amount. 20 WHEREFORE, plaintiff prays for judgment against defendants, 21 and each of them, as hereinafter set forth. 22 EIGHTE CAUSE OF ACTION 23 (PUNITIVE DAMAGES AGAINST DEFENDANTS VOLKSWAGEN, 24 CONCORD VOLKSWAGEN, AND DOES 1-50, INCLUSIVE) 9 25 50. Plaintiff realleges and incorporates paragraphs 1 26 through 14 of the complaint as though fully set forth herein. 2i 51. Defendants, and each of them-, wilfully, maliciously, and 28 by gross negligence and in disregard of humanity, manufactured, i -14- 7 a I selected materials, compounded, inspected, tested, packaged, 2 marketed, distributed, recommended, and provided instructions for 3 use, sold, overpromoted, diminished, and understated warnings and 4 hazardly defects of the 1984 Volkwagen Rabbit and its component S elements, so as to cause said product to be in a dangerous, 6 defective, and unsafe condition, and unsafe and unfit for sale 7 and use in the way and manner the same was customarily -used and g employed. 9 S2, Defendants, and each of them, having full knowledge of 1,p said product' s dangerous, defective, and unsafe condition, 11 wilfully, maliciously, and by gross negligence and in disregard 22 to humanity continued to sell, distribute , and recommend said g 13 1984 Volkwagen Rabbit and the rear lap belts to the consuming 14 public. 53. B reason of the Y foregoing, plaintiff seeks and demands � 16 of defendants, and each of them, exemplary damages according to 17 proof at time of trial. 18 WEEREFORE, plaintiff prays for judgment against defendants , r� 19 and each of them, as follows: 20 1. General damages according to proof at time of trial; 21 2. Damages for medical and related expenses according to 22 proof at time of trial; 23 3. Damages for plaintiff' s other economic losses according 24 to proof; 25 4. Plaintiff' s costs of suit incurred herein; 26 S. Punitive damages according to proof at time of trial; 27 and 28 !!! -15- 1 6. For such other and further relief as the court deems 2 just and proper. 3 Dated: November 1986 4 BELZER, JACRL, RATZEN 5 HULCHZY, MURRAY & BALAMUTH 6 7 By "g4--ma ' BAWY BALAMUTH 8 Atto neys for Plaintiff Jennifer Chew, a minor, by 9 and through her Guardian ad Litems Randy Chew n 11 e I2 r Q C 8 i 13 � t W 14 X W = W F � W r 16 � z ; " ~ R3 17 i 18 s 19 20 21 22 23 24 25 26 27 28 -16- r-' Wm. Barry Balamuth.- Esq: BELZER, JACKL, RATZEN, : .. 2 HULCH.'Y, HURRAY i BALAMUTB 2033 North Main Street, Suite 700 Walnut Creek, CA 94596 3 Telephone: (415) 932-8300 ., V OV 2 Cp 4 Attorneys for Jennifer. Chew .F.'; �y; •�„ $ 71• cx"Iy S n THE SUPERIOR COURT OF TSE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 16 JENNIFER.'CHEW, a minor, by } NO. 293577 and through' her. guardian ad - ) li lite=, RANDY CHEW, } ORDER FOR APPOINTMENT `< ) OF GUARD2AN AD LITEM 12 Plaintiff., } <' 13 z ; 14 VOLKSUAGEN OF AM ER:CA, INC. , a } New Jersey corporation, ) w a PACIFIC GAS & ELECTRIC COMPANY, a ) California corporation, PACIFIC ) r z s 16 BELL, a California corporation, } _ CITY OF CONCORD, NORTHERN } CALIFORNIA JOINT POLE ASSOCIATION,) BOWMAN'S CONCORD VOLKSWAGEN, } - 18 and DOES 1 through 100, } s inclusive, } } 19 Defendants. ) 20 } -21 -- ;'tzervc-hied-pctitior: o:�- Randy-Chc-,r. f.o - h aplrai1rtmer.t as Z: guardian ad lite= of Jennifer. Chew, a minor, and for approval of 23 the fee agreement aitr Belzer, Jackl, Matzen, 8ulchiy, Murray i 24 Balamuth, to prosecute the above-entitled action -on behalf. of 25 Jennifer Chew, was considered by the court on this date. On 26 proof being made to the satisfaction of the court, the court 27 finds that the appointme::t is expedient and in the best interests 28 of. the Z:nor. 1. :r ZT IS ORDERED that the petition of Randy Chew be granted. and -Y 2 be is hereby appointed guardian ad litem of Jennifer Chew, a minor, to prosecute the above-entitled action for said minor, and 4 the attorneys' fee agreement with Belzer, Jackl, Katzen, Eulcbiy, S Murray & Balamuth is hereby approved by the court. b Dated: November Vd , 1986. 7 i GARY E STPAKWH 8 Judge of the Superior Court 4 10• r i { 12 s $ 13 s 8 14 W 17 r { V -• 18 19 s 20 23 24 25 26 27 28 PROOF OF SERVICE BY MAIL I declare that: 2 1 am employed in the County of San Francisco, Cali- fornia. I am over the age of eighteen years and not a party to 3 the within action; my business address is One Ecker Building, Suite 400, San Francisco, California 94105. On April 2, 1987, 1 4 served the attached: 5 CLAIM AGAINST THE COUNTY OF CONTRA COSTA PURSUANT TO GOVERNMENT CODE SECTIONS 905, 905.2, 910 AND 910.2 6 on the parties in this action by placing a true copy thereof 7 enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed 8 as follows: 9 Wm. Barry Balamuth, Esq. Belzer, Jackl, Katzen, Hulchiy, 10 Murray & Balamuth The Peri Executive Centre 11 2033 N. Main Street, Suite 700 Walnut Creek, CA 94596 12 James L. Hazard, Esq. 13 Sellar, Hazard, Snyder, Kelly & Fitzgerald 14 1111 Civic Drive, Suite 300 P. 0. Box 3510 15 Walnut Creek, CA 94598 16 Anthony J. DeMaria, Esq. Filice & DeMaria 17 1450 Enca Circle Building A, Suite 230 18 Concord, CA 94520 19 Bruce Hunter Hinze, Esq. Boornazian, Jensen & Garthe 20 131 Steuart Street, Suite 300 P. 0. Box 7219 21 San Francisco Ca 94120 I declare under penalty of perjury that the foregoing 22 is true and correct, and that this declaration was executed on 23 April 2, 1987 at San Francisco, California. 24 25 Jul iAJA. Ir'-Iri-ne 26 3 ji\Chew\proof.svc.001 AMENDED • CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by.) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 2 , 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: $15 ,000- 00 Section 913 and 915.4. Please note all Narniqs".,._ CLAIMANT: IRENE ZIEGLER r�AY c/o Ben-Zeev & Rotholz 1 51987 ATTORNEY:, 1533 North Main Street iJGriineA z, CC Walnut Creek, CA 94596 Date received A' 1987 hand del. ADDRESS: BY DELIVERY TO CLERK ON May 11 , 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: T'1ay 15, 1987 IL gATCHELDR, ClerkYW� � BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) This claim complies substantially with Sections 910 and 910.2. { } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: � � BY: I uty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator {2} ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present �m�vc�p ( 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. 1►t AA�r Dated: �UN �30+ PHIL BATCHELOR, Clerk, By e5:1�- �ff� 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 3 1981 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator e BEN-ZEEV& ROTHOLZ AN ASSOCIATION OF ATTORNEYS 1533 N.MAIN WALNUT CREEK,CALIFORNIA 94596 (415)932-0193 GAEL T.BEN-ZEEV SAN FRANCISCO OFFICE RONI ROTHOLZ 460 GEARY ST. SAN FRANCISCO,CALIFORNIA 94102 PLEASE REPLY TO WALNUT CREEK OFFICE May 8, 1987 Board of Supervisors of Contra Costa County 651 Pine Street, Room 106 981 Martinez, CA 94553 RE: Claim by Irene Ziegler Gentlemen: Please find enclosed the claim of Irene Ziegler. The claim filed by hand delivery today states the correct incident date (January 31, 1987). An earlier claim mailed by this office contained a typographical error in item 1 of the claim form which incorrectly states the incident date as January 3, 1987. Please correct your records to reflect the following: 1. A claim was filed on May 1, 1987 (with the erroneous date). 2. A corrected claim is filed herein (also within the statutory period) stating the correct incident date of January 31, 1987. Sincerely yours, B NTZEEV & ROTHOLZ Roni Rotholz RR:mlt Enclosure -Ir A C 1-,j\v'l ='j i i -RD OF SUPERVISORS OF CONT COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be. presented not later than one year after the accrual of the cause of action. (Sec. 911*. 2, Govt. Code) B. . Claims must be filed with the Clerk of ' the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez,, 1,CA 9;4,553' (or mail to P.O. Box 911, Martinez, CA) C. If claim is against a district governed by -the .Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity..,,,,.,..:-r E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. '72 at end of this form. RE: Claim by )Reserved for Clerk's filing stamps Irene 71pgler . . . t ,,• • a . � C Against the COUNTY OF CONTRA COSTA) MAY M1987 : 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 $ 1.5,non or as per proof and in support of this claim represents as follows: -- -------- ---------------------------------------- 1. When did the ai -mage or injury occur? (Give exact date and hour) ---- Janiiary 31 , 19A7 2--- - -- r - - ----------------- - T-7Ti -------------------------- . rfieiealaEKiaamage or injury oZzui . Rclude .city 'and county) Sl.dewalk, corner of Pacheco Boulevard, acrossithe 'street from Straub's linen store. ------------- T__flow__a17a_EK;_aa_m_age---o_r__in__ju_ry. occur? (Give fu-li-agiglr-l-s-,--u-s-e-e--x-t-r-a-- sheets if required) I was walking, I stumbled on a crack in the sidewalk,*� and, I fell. ---------------------------- 4. -Wh--a-t-p-a--r-t-i-c-u-la--r--a-c-t--o-r--o-mission on theipart of county or district officers, servants or employees caused the., injury or. damage? Failure to maintain and provide a safe sidewalk or notice of damage (over) 11.-Inl moi" county or district of._,zers,}_:servantsxor: ► eiii1.)Ii)c yees causing the damage or injury? 6 . wtrat damage or injures da you claim resulted? �G�.ve full extent of injuries or damages claimed. Attach two estimates for; auto damage) Sprain and abrasion to left hand and left knee. 7. --How"was-the amount claimed-above computed? - (Include the-estimated - amount of any prospective injury or damage. ) Cost of medical care, future medical care, permanent damage, pain and suffering.. r• } a.t a 8. ----N---mes--..-..-and--_------eaddresses----of----witnesse-----d-------docto--rs---and-----hosp-p----itals---------------- fit. Diablo Hospital. Dr. ..John Davis Dr. Dennis H. Gustafson - Barry Shain David Valine 9.�-List the-expenditures you,made-on-account-of this accident-Or injury.' DATE ITEM AMOUNT 1/31/87 Mt. Diablo Hospital $300`1138 2/?8/87 Rossmoor '.Health Services Center 152.86'- 1/31/87 fit. Diablo ,Hospital },.::^. ; 23.00 Govt. Code Sec. 910.1'provides: " The .claim signed by the claimant SEND NOTICES TO: (Attorne ) or by some ers n on his behalf.,, to Name and Address of Attorney +� REN-ZERV A ROTITOT,7, lay ant Signatu e 1533 North Bain Street 262.4 ptarmigan #4 Walnut Creek, CA 94596' Address • alnut- .reek, CA 94595 Telephone No. 932-0193 + w, ,)aTelephone.;No. NOTICE Section 72 of the Penal Code provides: ,,, tu,;r,r: ;;1.r ;;, ;. "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. " - ,CIA Q. � BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY tristructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 (or mail to P.O. Box 911, Martinez, CA) 'C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps T-ene. 7i pgl.er ) in ) Against the COUNTY OF CONTRA COSTA) MAY 1981 or DISTRICT) R Fill in name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 15,000 or as per proof and in support of this claim represents as follows : 1. When did the damage or Injury occur? (Give exact date and hour) Js.niiary R, 1.g97 2 -----------:----------- -------------------------------------------- --- . Where did the damage or--i.n3ury occur? (Include city and county) Sidewalk, corner of Pacheco Boulevard, across the street from Straub 's linen store. --------------------------7--------------------------------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) I was walking, I stumbled on a crack in the sidewalk, and I fell . ------------------------------------------------------------------------ 4 . What particular 'act or omission on the part of county or district officers , servants or employees caused the injury or damage? Failure to maintain and Provide a safe sidewalk or notice of damage (over) `5. Wi4t are the names of county or district officers,._ :servants:Ycar- I employees causing the "damage or injury? -_ ___ww___ ------------------------------------------------------ ; --What_damager---or--injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Sprain and abrasion to left hand and left knee. ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Cost of medical care, future medical care, permanent damage, pain and suffering. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. rot . Diablo Hospital Dr. John Davis Dr. Dennis H. Gustafson Barry Shain David Valine 9. List the expenditures you made on account of this accident or injury: DATE" ITEM AMOUNT 1/ `I►. . :iS Mt . Diablo Hospital $300•139 2/?8/87 Rossmoor Health Services Center 152.86 1/315/A? i-.. ,A 11t . Diablo Hospital 23.00 Govt. Code Sec, 914.2'provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some gerson his behalf. " Name and Address of Attorney 1. N� REN-7FEV & ROTHOLZlai ant' Signature 1533 North Plain Street 2674 Ptarmigan #4 Walnut Creek, CA 94596 Address Walnut Creek, CA 94595 Telephone No. 932-0193 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. " IM u.AM�LADED 1� BOARD OF SUPERVISORS OF CONTRA COSTA CKINTY,*'wALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 2 , 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all " rnin " 6OUt�f�/`COUF15el CLAIMANT: RICHARD GABLE 2772 W. Newell Ave. MAY 151987 ATTORNEY: Walnut Creek, CA 94595 Date received $, 197 Martinez, CA 94553 May ADDRESS: BY DELIVERY TO CLERK ON y BY MAIL POSTMARKED: May 5, 19$7 Certified P 117 105 750 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 1.5 . 19$7 : Deputy J L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors XThis 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: c 0 BY:L,/G�� r -C' 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 AThis 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 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 lnited States, over age 18; and that today I deposited in the United States Postal Service in Martinez, :alifornia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to ;he claimant as shown above. fated: JUN 3 1981 BY: PHIL BATCHELOR by Deputy Clerk :C: County Counsel County Administrator V)p CW County Counsel MAY 07 1987 6tij,�a �%�z 1 6- 94IT3 __0114 Martinez, CA 94553 A n ` 1 (¢ic-) G3z -3111 RECEIVED MAYg 1987 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUN'T'Y, CALIPDRNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT June 2, 1987 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to } the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below County Counsel Claimant: ROBERT P. RUBY ET AL MAY 01,1987 c/o Harrison, Comisky & O'Hara Attorney: 850 Tuolumne Street Martine2, CA 94553 Vallejo, GA 94590 Address: Amount: $501, 500. 00 By delivery to Clerk on May 1, 1957 hand del. Date Received: May 1, 1987 By mail, postmarked on no envelope I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above noted Application to Fi Late Claim. DATED: May 1, 1987 PHIL BATCHELOR, Clerk, By r peputy a II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). 0 The Board should deny this Application to File Late Claim (Section 911.6). DATED: 1;414Ji8 7VICTOR WESTMAN, County Counsel, Biz III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). 0,� This Application to File Late Claim is denied (Section 911.6). I certify that this is 'a true and correct copy of the Board's Order entered in its minutes for this date . DATE: JUN 1 $7 PHIL BATCHELOR, Clerk, By � Deputy WARNING (Gov. Code ;911.8) If you Wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Goverment Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in oonnection With this matter. If you Want to consult an attorney, u should do so Immediately. IV. FRW: Clerk of the Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof. has ben filed and endorsed on the BoardIs copy of this Claim in accordance with Section 29703. E JUIN 3 07 DATED. PHIL BATCHELOR, Clerk, By V- e16-- Deputy V. FROM: i County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM k44'-k 2e Jr RECEIVED 1/,MY / 1987 2 3 CLAIM OF ROBERT P. RUBIO, APPLICATION FOR LEAVE TO HENRIETTA RUBY, ROBERT PRESENT LATE CLAIM BY 4 RUBY, LAURA RUBY AND CLAIMANTS (GOVERNMENT CODE LISA RUBY SECTION 911.4 ) 5 VS. 6 COUNTY OF CONTRA COSTA 8 TO: CONTRA COSTA COUNTY BOARD OF SUPERVISORS 9 Application is hereby made pursuant _to Government Code 10 Section 911 .4 for leave to present a late claim founded on a 11 cause of action for wrongful death, which accrued on May 2, 1986 , 12 for which a claim was not presented within the 100 day period 13 provided for by Section 911.2 of the Government Code. For 14 additional circumstances relating to the cause of action, 15 reference is made to the proposed claim, which is attached to 16 this Application. 17 The reason that the claim was not presented during the 18 time provided for by Section 911.2 of the Government Code is that 19 the Claimants, through mistake, inadvertence, and excusable 20 neglect, failed to present said claim, and that the County of 21 Contra Costa has not and was not prejudiced by the failure to 22 present the claim within the time set forth. Particulars showing 23 Claimants mistake, inadvertence and excusable neglect, are set 24 forth in the attached Declaration of Robert P. Ruby, attached 25 hereto and incorporated by reference. 26 This Application is being presented within a reasonable 27 time after the accrual of said cause of action, and as more 28 particularly shown by the attached Declaration. - 1 - 1 Wherefore, it is respectfully requested that the 2 Application be granted and the attached proposed Claim be 3 received and acted upon in accordance with Sections 912.4 to 913 4 of the Government Code. 5 Dated: ` X 6 7 HARRISON, COMISKY & O'HARA 8 7 BY: 9 10 ' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 2 - 1 2 3 CLAIM OF ROBERT P. RUBY, DECLARATION OF CLAIMANT, HENRIETTA RUBY, ROBERT ROBERT P. RUBY e 4 RUBY, LAURA RUBY AND + LISA RUBY UCEI V ri.rL 5 6 VS. ��f7- AY / 1981 COUNTY OF CONTRA COSTA 7 T A / 8 I, ROBERT P. RUBY, declare: 9 I am the father of the decedent, Eric P. Ruby, and one 10 of the Claimants herein. I file this Declaration in support of 11 my request for leave to file a late claim for the death of my 12 son. I am unskilled in the law and have attempted for a period 13 of almost one (1) year to obtain an attorney who would process my 14 family' s claim for the wrongful death of our son, Eric. 15 It was not until approximately three (3 ) months after 16 Eric's death that it came to our attention that the possibility 17 of a claim could be made surrounding the nature and circumstances 18 of Eric' s death and the fact that the doctor, who he saw several 19 days before his death and who refused to give him the medication 20 which he requested, could be responsible for the ultimate mental 21 state which caused him to hang himself. It was not until that 22 time that myself and my family became aware that such an action 23 for wrongful death might lie. 24 Further, I was unaware of the fact that a claim had to 25 be filed against the County of Contra Costa within 100 days 26 following Eric' s death, and to this date I am not sure if the 27 doctors, who were treating him at or about the time of his death, 28 are county employees or not. I, however, am informed and - 1 - 1 believe, and upon such information and belief, allege that Dr. 2 Chaplain, who is the doctor who I believe refused Eric his 3 medication, is an employee of Contra Costa County and, thus, I 4 file this claim on behalf of myself and my family. 5 Within three (3 ) months after Eric's death, I contacted 6 an attorney to review and advise me on whether or not an action 7 for wrongful; death might occur in this matter. After a review of 8 the facts, the attorney advised that he would not take the case, 9 but that I should seek other counsel if I was interested in 10 pursuing the matter. I thereafter contacted three (3 ) other 11 attorneys to review and advise me on the fact that failure to 12 give medication to my son, Eric, when he requested it, might have 13 resulted in his mental state which caused him to hang himself. 14 Each of the attorneys reviewed the file and returned it to me not 15 wishing to become involved. 16 Finally, after vigorously pursuing various avenues in an 17 attempt to contact an attorney, I contacted my present attorney 18 who indicated that he would file an action on my behalf, but he 19 advised that permission would have to be obtained to present a 20 late claim to the County of Contra Costa, if in fact the County 21 of Contra Costa was involved. From my present investigation and 22 background check in this matter, it appears that the County of 23 Contra Costa was the sponsoring and/or owner agency of the 24 medical program which hired Dr. Chaplain and, therefore, I am 25 presenting this claim. I have vigorously on my behalf, and on 26 my family' s behalf, attempted over the last year to obtain legal 27 representation to represent us in this matter and it has only 28 2 - 1 been at the eleventh hour that I have been able to obtain an 2 attorney who indicated that he would assist me. It has been 3 through no fault of myself or my family that we were unable to 4 obtain counsel to present this claim and we had no ability to 5 present the claim on our own as none of us are knowledgeable in 6 the law. Through my investigation of this claim, all of the 7 facts have now been uncovered and are available to myself and to 8 the County, and my delay presenting the claim does not have any 9 prejudicial effect whatsoever to the County. 10 I therefore request that the Board accept my 11 presentation, and process this claim on my behalf and on behalf of 12 my family. 13 I declare the foreoging to be true and correct under 14 penalty of perjury. 15 Dated: April 30 , 1987 . 16 17 ROBERT P. RUBY 18 19 20 21 22 23 24 25 26 27 28 3 - 2 3 CLAIM OF ROBERT P. RUBY, rT-A-T-M--Rf)R.-.WRnWr.VT1T. nV.ArPT4 HENRIETTA RUBY, ROBERT 4 RUBY, LAURA RUBY AND LISA RUBY 5 vs. 6 COUNTY OF CONTRA COSTA 7 8 TO: CONTRA COSTA COUNTY BOARD OF SUPERVISORS 9 YOU ARE HEREBY NOTIFIED that Robert P. Ruby, Henrietta 10 Ruby, Robert Ruby, Laura Ruby, and Lisa Ruby, whose address is: 11 850 Tuolumne Street, Vallejo, CA 94590, claim damages from the 12 County of Contra Costa in the amount computed as of the date of 13 this Claim of $500,000.00. 14 This Claim is based upon injuries sustained by Eric P. 15 Ruby, which resulted in his death, and the .resultant damages to 16 claimants on or about May 2, 1986, in the City of Martinez, 17 County of Contra Costa, State of California, under the following 18 circumstances: Said Eric Patrick Ruby was a patient of Dr. John 19 Chaplain, who Claimants are informed and believe, and upon such 20 information and belief, allege was employed or contracted with by 21 the County of Contra Costa to render medical aid to said 22 decedent. That said decedent appeared at Dr. Chaplain's office 23 several weeks prior to his death, requesting medication to 24 control his mental mood swing and depressive state. Said Dr. 25 Chaplain wrongfully refused to examine or to administer medica- 26 tion to said decedent with the proximate result being that said 27 decedent was. unable to control his mood swings and impulses, 28 which resulted in his suicidal death on May 2, 1986. 1 The injuries sustained by Claimants ' decedent are death. 2 The estimated damages to date are: 3 Funeral Expenses 1,500.00 General Damages 500,00.0.00 4 5 All notices and communications with regard to this claim should be sent to: 6 7 HARRISON, COMISKY & O'HARA 850 Tuolumne Street 8 Vallejo, CA 94590 9 Dated: April 30, 1987. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2