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MINUTES - 07111989 - 1.31
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 July 11 , 198 9 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 913 and 915.4. ; Please note all "Warnings". CLAIMANT: MARCELINO ROSADO c/o John Diaz Coker ATTORNEY: Coker, Tays , & Ramirezt 509 Railroad Avenue Date received ��� SRO/ ADDRESS: Pittsburg, CA 94565 BY DELIVERY TO CLERK ON June--1 ` 0171 BY MAIL POSTMARKED: not legible 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ° June 5 , . 1989 PpHHIL BATCHELOR, Clerk DATED: 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 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: G /G 9 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X) This Claim is rejected in full. (( �) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. JUL 111989 Dated: PHIL BATCHELOR, Clerk, By . �> Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order aW2L&L-Q�t-y otice to Claimant, addressed to the claima'n't as shown above. Dated: JUL 12 1989 BY: PHIL BATCHELOR by Clerk CC: County Counsel County Administrator COKER, TAPS & RAMIREZ ATTORNEYS-ABOGADOS JOHN DIAZ COKER FRANK PEREZTAYS A ARACELI RAMIREZ RECEIVED JON CHRISTOPHER WEIR JUN 21989 Clerk, Board of Supervisors PHIL BATCHELOR ARD OF SUPERVISORS County of Contra Costa "ERCo TRA COSTA CO. 651 Pine Street B De Martinez, CA 94553 June 1, 1989 RE: Filing of A Claim Dear Clerk, Enclosed please find a claim on behalf of Mr. Marcelino Rosado in duplicate. Please retain the original and return the copy, marked with your received and date stamp, to our office in the enclosed, self-addressed, stamped envelope. Sincerely, dtd Secret y Y me Enclosures I 509 RAILROAD AVENUE • PITTSBURG, CALIFORNIA 94565 • (415)432-7373 I } II CLAIM AGAINST THE COUNTY OF CONTRA COSTA AND ITS AGENTS AND EMPLOYEES l MARCELINO ROSADO also known'I, as Mike Rosado hereby presents a claim for damages against Deputy Sheriff DARYL OLSEN, the COUNTY OF CONTRA COSTA and its agents and employees. ADDRESS OF CLAIMANT: 46 Chelsea Way Pittsburg, CA 94565 e ADDRESS TO WHICH NOTICES SHOULD BE SENT: (� Marcelino Rosado C/o JOHN DIAZ COKER T A v" COKER', TAYS & RAMIREZ C� ATTORNEYS-ABOGADOS 509 Railroad Avenue Pittsburg, CA 94565 l DATE, PLACE AND CIRCUMSTANCES OF OCCURRENCE: This complaint is about a continuous course of conduct by a Deputy Sheriff of the County ',of Contra Costa, commencing in December of 1987 and continuing!! until January and February 1989. This claim covers much of the 'lsame conduct already complained about in a prior claim filed with the county in May of 1988 . As the conduct complained of continued after the filing of the claim, this present claim includes the conduct previously complained of and the continuation of this harassment to the present time. During all of this time, Daryl Olsen, a deputy sheriff of the county of ContrajlCosta assisted by other deputies of that agency, has threatened' me, given false information to businesses to have me excluded from such businesses, and tried to frighten my friends from associa!'ting with me. This officer has used the Gfact that he is a deputy sheriff to increase the effect of his harassment of me. Deputy Olsen is personally upset with me because he believes I am romantically involved with his former girlfriend and mother of his child (a child he sometimes denies and who he has never supported) . This officer has spread false rumors, to the effect that I engage in criminal conduct. He has spread these false rumors while in uniform and while in the course of his duties for the county. Fellow officers have accompanied him and cooperated with him in these efforts. I do not know the names of the other officers involved. As a result,: of these statements I have been excluded from businesses which I used to patronize for recreation. He has damaged my ', reputation among people who were important to me and whose company I formerly enjoyed. Deputy Olsen has threatened me with Death and physical injury. I fear that he will try to "set me up" so that I will be criminally prosecuted on false !',lcharges. He engages in criminal conduct, involving drugs, has bragged to a friend of mine that he 1 F i has "set up" other people maliciously. I believe him to be dangerous. He is very involved in bodybuilding, and adopts mannerisms of the "Rambo" type, boasts of advanced ability in several martial arts, and is proud of his ability to exploit his employment for personal aggression against others and to consider himself above the law. In January and February of this year (1989) he made threats that hej, would "eventually get" me. He sent these threats through his former girlfriend, mentioned above. I have complained to agentsjof the Sheriff' s office of these activities, but I fear they may ,have ratified his acts, by doing nothing, and tacitly approving them. I conclude this because the threats and harassing activities of Deputy Olsen have increased since I complained to the Sheriff's office. Also in February or March of 1989 I was stopped by Sheriffs deputies who were friends of Daryl Olsen. These deputies detained me unnecessarily, thoroughly searched my person, !' belongings and vehicle without cause. They asked me questions about drugs. After they found no contraband, they allowed me to proceed about my business. I felt even more vulnerable to the harassment of Deputy Olsen after this incident and realized that it was spreading to other officers. I realized how Olsen would carry out his threat to "get" me without appearing to be personally involved. This was after I had filed my prior claim. P, PARTIES RESPONSIBLE: Deputy Daryl Olsen and other deputies whose names are unknown to me. AMOUNT OF CLAIM: $ 35, 000,. 00 punitive damages against the individual officers; $ 15, 000. 00' compensatory damages against the individual officers and against ;the County of Contra County. GENERAL DESCRIPTION OF INJURIES AND BASIS OF COMPUTATION OF DAMAGES: By reason of the above-described acts of these officers claimant was placed in fear for his life and physical well-being. By reason of the '1wrongful and malicious acts of these officers. Claimant was injured in his self-respect, his sense of security, and confidence in his rights as an American citizen, Punitive damages are based upon the outrageous, malicious nature of the officers' acts. The above-described acts of these officers and each of them were willful, wanton, malicious, oppressive, and fraudulent and done in conscious disregard of the peace of mind, and civil rights of others. Dated: June 1, 1989 . n MMARCELINO POSADO 2 O m r < g0 `� cn GpO ➢o 4l r m b n N � m N O N m E qi (t Ln w o � 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 July 11, 1989 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: $334. 24 Section 913 and 915.4. 1 Please note all CLAIMANT: BRAD L. MARTINC p4n 1500 7th. Street #12N �U�� 'r S�� ATTORNEY: Sacramento, CA 95814 �ani�e 199 Date received CA ADDRESS: BY DELIVERY TO CLERK ON June 5 , 1989 94,&a BY MAIL POSTMARKED: June 2 , 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. p June 5, 1989 PPHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. 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-1 Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�) 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: J U L 11 1989 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 an Notice to Claimant, addressed to the claimant as shown above. Dated: JUL 12 1989 BY: PHIL BATCHELOR by <At,�y Clerk CC: County Counsel County Administrator r NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Brad L. artin 1500 7th eet #12N Sacramento, 95814 Re: Claim of BRAD L. TIN Please Take 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 . 21 or is otherwise insufficient for the reasons checked below: _1 . The claim fails to state the name and post office address of the claimant. x 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. 3 . The claim fails to state the circumstances of the occurrence or transaction which gave rise to the claim asserted. _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 whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10, 000) , 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. If the amount claimed exceeds ten thousand dollars ( $10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. x 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WESTMAN, County Counsel By: I Deputy County Counse CERTIFICATE OF SERVICE BY MAIL C.C.P. §§ 1012, 1013a, 2015 .5; Evid. C. SS 641 , 664L My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s ) addressed as shown above (which is/are place(s) having delivery service by U.S . Mail) , which envelope(s ) was then sealed and postage fully. prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated:�1 wrno� �p ,� , at Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 . 4, 910 . 8) Claim' to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT , A. Claims relatingto causes of action for,- death or .for injury: to person or- ,to per- .. sonal:property, or .growing. crops and which--accrue on or. before December 31, 1987, must. be presented not 'later than the 100th day after the accrual -of .,the..cause of p: action.._ Claims. relating :to.causes of actionifor death :or for injury to person or .to personal property .or growing crops and. which accrue .on or after January 1, 1988, must be presented not later than six months 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. abcrual .of the cause of action. (Govt. Code §911.2. ) _ 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. 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. Seepenalty for fraudulent claims, .•Penal Code Sec.• 72-at the end of this . form. RE: Claim By - ) Reserved for Clerk's filing stamp i Soo �rµsr#12na 3Ac Ch .958)'4 - Against the County of Contra Costa or ) i 'CL ARD ego District) N a SOR-, Fill in name ) By The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 3 4 and in support of this claim represents as -follows: -----------------------------------------------=------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) 9-----3 411--------------------------------------- 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required): PLEA5E RE 62- TD 'A-rA•GH ME-NT ----------------------------=-------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused_ the injury or damage? EWCf�RQ�Ep 1n1AS DT 0,0VF_1ZFD AMD 11AY N6WE SEEM pu,EU (over) 5. What are the names of county or district officers, servants or employees causing ,: the damage or injury? WAS ND7' ABLS '-rD OBTA-IM T}+EN . T+IE LI6, r /ARES � SII UlaS . --------------- ---- --- ------------------------- ------------ 5. What.,damage or! injuries.do you claim resulted? (Give full extent of injuries or damages claimed. Attach .two estimates for auto damage. P_F_PcAC E N EtiIT pr- •MY .VVIND5FNEL0 ------------------------------------------------------------------------------------- ;1 7. . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses'; doctors and hospitals. 5�C �A ..95-82_3 392-39u9 -----=-------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910:2 providesi "The claim must be signed by the claimant SEND NOTICES.TO: :...(Attorney) or by some person on his behalf." Name and Address, ,;of:"Attbrney _ Claimant's Signature Address Telephone No. Telephone No. N O T I C E 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, city or district board or officer, authorized to allow or pay the same if genuine; any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand-($1,000), or by both such imprisonment and fine, or by imprisonment- in the state prison, by a fine of not exceeding ten thousand'dolldrs ($10,000., or by both such imprisonment and fine. r WAW ,�>r�r-ao�c�+o oN rtr��z�tt ce�ric. lZoAo A-r A-PP"Y 1MAIS 4) 3�,s OAA CUED. VFRICLF- WR5 El457'- 5WM0 4N 7'4E. GAME- gAA7. CSU R 7-Wo Vf f4 i Ct,E!5 pA66EG- EAG th OTHS9 RDA©. pr L4"E &AUKVl DF 6p,AVEL FRAM T4E- LDAD &P TN E C•G• VEifi 'LLE 3t7t?N QEU DVT OF T4E- DUMP TRUCK I pirl-WEl Hq WiND- SFFI�LtJ. TE+E WAND 5t+IF,W cR+t}��D. `9FLOR1N ROAD tiYUNOAt Damage Report 2401 Flavin Raaf! Sacramento, CA 958224/1 OaiC (� jdd{es . 0 { W-/ 7 Cray. State ri, %C� S..CO: tlgent/Ad). Cltim1policy Ho. Phone: / r(.ri vtitE .•Clt t t. v STvtf vu. i<f«•.E ..titv.GE ori Cz � �hv'�•d���T> 'n,:ii%'.Y": . wy �:•t ♦ - .t'tl •�{�1,��•{[ '� �t} tl',7..�f.'`!�i:�'�rr''•.l:..c\zw�'-trS.il � .t,•lIr 1��^..>. 'Y{......yu .:.'I`J'i..t^i.`YI•i..:C.- 1 t ;aw�r...' . .5•r...n.�-¢. V7CIO- IL s i_ a . 9 �• O t 2 S. S. t i M'. € _ Page M F This estimate is bas On lowcsi pos siz)lc cost con+''.tent with quality work, t,�BOT4 44Rs PRICE SUBJECT TO INVOICE. PARTS Loss s SUBL.tiT ........... ...:.: ' Ns estimate is based on our inspeciron and docs not corer parts Or tabor �'•••_ .,;«..:.s..:- ..3 ,hick may bo roquirod after the work is opened up.Occasionally allow the SALES TAX ...................... ,ork Is stadod, worn or damagod parts are discovered which are not vidgnt at first inspection.Estimate is good for 30 days. 'ABVANCECKAMESt TOTAL ....................... i t. SqFELITE PATO 01-ASWS 1228 X STREET CRAMENT0. CA. 95 SIO 0,'.- 24 916 422-471S THIS IS 0 DUOTE OWN -- DO NOT PAY CAStH SAL.E3 -- LOC G-51. imb x c3TRECT ill riyfy; SACRAMENTO, Cn., 95318 0000 91b 44--'--4715 BRI111) MART :(N 1000 K 0,--01 WiCW-WiENTO CA 915814 4 4 Z2 21! SAFESEAL POSSIBLE El YES El NO DECLINED CUSTOMER SIGN. PART# REPAIRED- Year Make Model Mileage Serial License Reference Af 1087 IAYUNDAI EX(71�L 2D WATCHLIACK Quantity Part No. Description Extension Total I F C,W,5 I c:-S SHADED WINDE31-11EL.1) 574. 55 c:(11. 09 201. OS i-ADOR 133. 0017"fl. Oct GUD -TOTAL.- 2,36. 00 TnX - Replacement has been made to my satisfaction and I hereby authorize the above insurance company to pay direct in full to the above listed firm for said installation. If for any reason the insurance company does not pay for these repairs or replacements, the below signed agrees to pay for said repairs or replacement. DATE SIGNATURE 1,590 00GED1 CASH SAM-) L.0C 651 W�11111.VTMM IN: lk-23 X STREET GAt"PAMCNT0, CFI.. 95318 0000 G#lij CJ-1- 9iG 442-4715 10 C3 1%.P C3"T' rZo r-A 574540-00 1 946--j71+340 ADMINISTRATIVE OFFICE COPY RT-0035 CP 3�-{ p3 Ol z -j LIN — �� \ klo � o � o � rt r �RaM 7 C-�o- F� � N1 • l QS6jl;' SA OOT nOn Citi � i. QNm l 1 ` OJ9 i v y �� I _ CLAIM 1, 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 July 11, 198 9 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 not11 "Warnings". CLAIMANT: DOMTAR, INC. �ntY Coufte/ c/o Kenneth E. Keller & Robert N. Phillips JUN ATTORNEY: Bronson, Bronson, & McKinnon M 1 � 1989 505 Montgomery St. Date received `?�Ihe2, ADDRESS: San Francisco , CA 94111-2514BY DELIVERY TO CLERK ON June 6 , 144 9456,,_ BY MAIL POSTMARKED: June 5 , 1989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 15 1989 HHIL BATCHELOR, Clerk DATED: BPpY: Deputy a 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: /�C / 79 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Adm istrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full . (, ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: J U L 11 1989 PHIL BATCHELOR, Clerk, By r 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. JUL 12 1989 Dated: BY: PHIL BATCHELOR by lt�ty Clerk CC: County Counsel County Administrator 1 KENNETH E. KELLER ROBERT N. PHILLIPS 2 BRONSON, BRONSON & McKINNON RECEIVED 505 Montgomery Street 3 San Francisco, California 94111-2514 Telephone: (415) 986-4200 JUN 61989 4 Attorneys for Domtar, Inc. W- BRS SES ER' s A 53 e ut 6 7 8 In The Matter of The Claim of: CLAIM FOR INDEMNITY 9 AND CONTRIBUTION DOMTAR, INC. AGAINST THE COUNTY 10 OF CONTRA COSTA against the COUNTY OF CONTRA COSTA 11 / 12 13 TO: COUNTY OF CONTRA COSTA Clerk of the Board 14 651 Pine Street Martinez, CA 94553 15 16 Claimant DOMTAR, INC. ("Domtar") hereby makes this claim for 17 indemnity and contribution against the COUNTY OF CONTRA COSTA 18 ("County") for the amounts set forth below and makes the 19 following statements in support of this claim: 20 1. Claimant' s Name & Address: 21 Domtar, Inc. (aka Domtar Gypsum) 801 Minaker Drive at Wilbur Avenue 22 P.O. Box 460 Antioch, CA 94509 23 2 . Send Notices To: 24 Kenneth E. Keller 25 Robert N. Phillips Bronson, Bronson, & McKinnon 26 505 Montgomery Street San Francisco, CA 94111-2514 27 28 1 3 . Incident Giving Rise To This Claim: Domtar is 2 informed and believes that on April 6, 1988, at approximately 3 1: 35 p.m. , Todd Alan Freeman ("Freeman") was driving a truck 4 across the Atchison Topeka and Santa Fe railroad tracks situated 5 approximately two hundred and thirty five feet north of Wilbur 6 Avenue near the Domtar Gypsum Plant in the City of Antioch, 7 County of Contra Costa, at which time Freeman's truck was struck 8 by a railroad engine operated by B.N. Scheiter. Domtar is 9 informed and believes that as a result of the collision, Freeman 10 sustained personal injuries for which he seeks to recover damages 11 against Domtar, County, and others. 12 On or about September 16, 1988, Freeman filed a claim for 13 $795, 000 against County for medical expenses and general damages 14 allegedly sustained as a result of the truck/railroad engine 15 collision ("the Administrative Claim") . On March 21, 1989, 16 Freeman filed a complaint against County, Domtar, and others in 17 the action known as Freeman v. Atchison, Topeka, et al. , Case No. 18 C 89 01106 in the Superior Court of California, County of Contra 19 Costa ("the Complaint") . The Complaint was served on Domtar on 20 May 1, 1989 . True and correct copies of the Complaint and 21 Administrative Claim are attached hereto as Exhibits A and B 22 respectively. 23 Domtar is informed and believes that the matters set forth 24 in the Complaint and Administrative Claim, and the resulting 25 damages were not caused by any act, error or omission of Domtar, 26 but were caused by the fault of County and others and, therefore, 27 Domtar is entitled to implied indemnity, comparative indemnity, 28 and/or contribution from County and others, as to all or part of 2 1 any sums which may be paid by Domtar, or on its behalf, including 2 attorneys ' fees and costs, in connection with any settlement, 3 judgment, or other resolution of the above-referenced action. 4 4 . Amount of The Claim: 5 Domtar's claim as of the date of this notice is for an 6 unknown amount, in that the damages which may be awarded against 7 or paid by Domtar together with its costs of suit, attorneys' 8 fees, and other expenses, and a proportionate share of same to 9 which Domtar would be entitled to indemnity from County are 10 unknown at this time. By reason of the foregoing, the basis for 11 computation of Domtar's claim is unascertained at this time. 12 5. Names of Public Employees Responsible: 13 Unknown at this time. 14 6. Jurisdiction: 15 Jurisdiction over this claim would rest in California 16 Superior Court. 17 18 DATED: June J , 1989 19 BRONSON, BRONSON & McKINNON 20 21 By ROBERT N. PHILLIPS 22 Attorneys for Domtar, In . 23 24 25 26 27 28 3 . Ln on It c OM F U � Lo 64 O .1-I a• CQ 03 .� W 44 pwQ1 N ni � -� 4-) 41 4 Or-ALt1 UU �D � 2 ,s JUN 61989 PH!L BATCHELOR CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. e ............................... . b 0 Z N � w u � �f va z Nx 4 w • .� 0u` nZ x o z 0 n a V) w Z z 0 N J U •. X—I 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 July 11, 1989 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: $432 . 3 6 Section 913 and 915.4. : Please note all "Warnings". CLAIMANT: FRANK H. HICKCOX County COUnSel 1041 Pinole Valley Road JUN 16 ATTORNEY: Pinole, CA 94564 1989 Date received June 12?Ma j$99Z, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: June 9, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 15 , 1989 PPHHIL BATCHELOR, Clerk DATED: 8Y; Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors � ) This claim complies substantially with Sections 910 and 910.2. ( . ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days. (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: G / )� I��( BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present K) 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.11 Dated: JUL 11 1989 PHIL BATCHELOR, Clerk, By eputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice Of an attorney of your choice in connection with this matter. if you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order a Notice to Claimant, addressed to the claimant as shown above. Dated: J U L 12 1989 BY: PHIL BATCHELOR by Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death.or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months 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. (Govt. Code §911.2.) 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• 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 the. end of this form. RE: Claim By ) Reserved for Clerk's filing stamp RECD Jay( L 1� L Uly R-d �'"sle CA ) t — Against the County of C ntra Costa. ) or ) JU`1J 12 1989 District) P ©A Fill in name ) y TFp The undersigned claimant hereby makes claim against the County o on o or the above-named District in the sum. of $ and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) -------------------------------------------------=---------------------------------- 2. Where did the damage or injury occur? . (Include city and county) 3. How did the damage�or injury occur? (Give full details; use extra paper if required) 2 kZA% �:Ot(WLgG VcUft —twp c tt 7657 r (ollO& oN ///6-80 n10 M Tic, wM TOZIMG A ThAilott Wtt1+ RaeTat AtC#69OkC� oN (7AAor©r oi:- --R�aiLbk f41712�4G P146 ORe&tAtG 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? MAMA 10- T?Q_ roue Aq� apse NP`Fe&I /, OR 6ebxkls ©� QQ,tk�t, Qe F:�Nd Cott (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? Si�eQT bkV , ------------ -------------------------------------------------- ----------------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ' ATI-NckMentT 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Al Ae6 me* a ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses; doctors and hospitals: ------------- ------------------------------------------------------------------------- 9. , List the.expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney I . Claiman 's ig ture 1041 Q6,R' ,e. U 0� IvA3i CA (Address) gas - age Telephone No. Telephone No. 4 —7a A- 3'79`] NOTICE Sect.ion'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, orto any .county, city or .district ,board or officer, authorized to,allow or pay the same if genuine, any false or fraudulent claim, bill,' account,1 .voucher, 'or writing; is punishable either by imprisonment in the county jail for a period of not more'than one year, by a fihe of'riot exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars '($10;000, or by both such imprisonment and fine.. 9047 AS LISTED FOR AND MATERIAS ESTIMATE OF REPAIRSVERBALAGREEM NOTSNOTBINDING LSTIMATESFREE OWNER OATE3 '\(A ADDRESS tO4'l PI �AW� • �.t PI'tupYG PHONE EST. *s-7 � EST. NO. INSURANCE CO. a! ORDER NO. ADDRESS PHONE w��SS LICENSE NUMBER L ? YEAR-MAKE MILEAGE R .� SERIAL NO. ' ESCRIPTION�bF LABOR OR MATERIAL i 320 cr0 E�, - E:�8 - Ifo 7 8 I l - z t 516 lr CA 9 804 415 234-1213 QAATSPRICES BASED:OtV STANpARq CATAtOG PRCKUREMENT PRICE tI5i5 SUBIECT i0 CHANGE WtTtiOUi NOTICE. TOTAL 83 �� PROCUREMENT ANp C)EttVERY CHARGES MAY$E ADDED,FC R SPEC9Al.:5ERVtCE QN)LEMS NOT AVA[lAt3LE tOCAUY.; MATERIAL C1tD PARTS REMOVED FROM CARS'WILL SE 1LINKED'UNLESS OTHERWISE INSTRUCTED IN WRITING TOTAL LABOR L9 , ^ri. ABOVE 15 ANE T}'INATE B,4SED�ON OUR INSpI$G 'AND ND DOES NOT.COVER:ADD+TIONAL PARTS OR i.ABOR WHICH M BE REQUIRED APTER,THE WORK HA5 SEEN OPENED UP.OCCA51pNAlA,Y APTER i; WORK HAS STAR PARTS ARE'DISCOVEREO WHICH ARE NOT EVIDENT ON PIRST INSPECTION;r. TOTAL MATERIAL BECAUSE OFTHISTHE ABOVE PRICE5 ARE NOTpyAF3RNTEED , E MATE TAX QSTtMATED:BY •;• i APPROVED BY AUTHORIZED'AIVD ACGEcPtED PAIDCdJT-TOW&STORAGE E►Y f�YYN1 R SUBLET REPAIRS • 7� A' ENT. 4H 429` R�DIFORM i I I \ � PRECISION 661 23Rd STREET IJUVOICE RiC IMONd, CA. 94804 T1/Y) / \ WINDOW & 415/ 232-7332 • 826-5533 GLASS INC. 415/893-7114 "the cubing edge of quality" / N r DATE—& f V Hi6o'k 0,6)( o /9/l LICENSE NO.362484 (.J DATE OF LOSS REASON FOR LOSS TERMS OTY. ORD'D DESCRIPTION LIST UNIT PRICE AMOUNT W ate: 3 rn Ao-,15o .l�31 a � , O O �y 6 co p a � Qo 4 C13u V IY1.w_t� � :ZOZ ' u 0.%p0 aIr � coc �n cs cs - a' t ar N d 5 l� Q) 1f V Q � x d � a f � 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 July 11, 198 9 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: $185 . 00 Section 913 and 915.4. 1 Please note alldWarni s" Counseln�Y CLAIMANT: HERBERT WARRIOR 2122 Florida Avenue JUN 16 J989 ATTORNEY: Richmond, CA 94804 Date received Martinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON June 14, 1989 BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 15 , 1989 gaIL BAATTCYELOR, Clerk epuL. Hall ]I. FROM: County Counsel TO: Clerk of the Board of Supervisors N ) 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: Deputy County Counsel Ill. FROM: Clerk of the Board 70: County Counsel (1) County Admin' rator (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: J U L 11 1909pA 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. JUL 12 1989 Dated: BY: PHIL BATCHELOR by p y Clerk CC: County Counsel County Administrator i -LAIC ,% TO* BOARD OF SUPERVISORS OF CONTRA CO-%TRurWWiyiWdv1 appllcatlon to: „ 'r' �"• Instructions to Claimant Clerk of the Board P.O. Box 911 A. Claims relating to causes of action for death or torninjuryhto+533 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 , Pen2,1 Code Sec. 72 at end of this form. RE: Claim by ) Reserved .for Clerk' s filing stamps RbIVE0 Against the COUNTY OF CONTRA COSTA)_ .JUN 1,_• 1989 or DISTRICT) P BA_ (Fill in name) c ARC uP R , NTR S By . The undersigned claimant hereby makes claim agains^t the Count Contra Costa or the above-named District in . the sum of $ , ( � s•00 a. and in support of this claim represents as follows : ------------------------------------------------------------------------ 1. Wh n did the damage or injury occur? (Give exact date and hour) p>A Y S etif- MC -ro r19t FPfW , AP P10 X . Sot /I V? --------------------------------------------- --------------------------- 2. Where did the damage or in3ury6occur? (Include city and county) M O F ------- - -------------------------- --------------------------------------- 3. How did the damage or injury occur? (Give full details , use extra sheets if required) � ACt« r .MIsSINis ------------------=----------------------------------------------------- 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? (over)/ '.:5..:.>•j� int are...the,..names of county or district officers, servants or.,"•-'" I employeescausing the damage or injury? ~� ____________ ____________________________________________________ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) — _ LO ----------=-------------------------------------------------------------- 7. How was the amount claimed above computed? (Ir_clude the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses , doctors and hospitals. __ ____________________________________________________ 9. List the expenditures you mane on account of this accident or injury: DATE" I EM A-MOUNT Govt. Code Sec. 910 . 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by someperson on his behalf. " Name and Address ofAttorney GZf✓Vv� Claimant' s Signature 17-Z F a,[.�. Address Telephone No. Telephone No. T_ 5-002_7 NOTICE i Section 72 of the`Penal Code provides : "Every person who, with intert to defraud, presentz * 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 , anv false or fraudulent claim, bill, account , voucher, or writing , is guilty 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 July 11 , 1989 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: JOHN AIELLO ETAL COunty Counsel c/o Louis F. Schofield ATTORNEY: Burnhill, Morehouse, Burford, Schofield & Schiller JUN 1 G 1989 1220 Oakland,Blvd. #200 Date received ADDRESS: P. O. BOX 5168 BY DELIVERY TO CLERK ON June 7 ,M PMez A Q 63 Walnut Creek, CA 94596 BY MAIL POSTMARKED: June 6, 1989 .I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 15 , 1989 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall I1. 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: ���G 5 B Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administr for (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARDD ORDER: By unanimous vote of the Supervisors present (�1) 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. n p Dated: JUL 11 1989 PHIL BATCHELOR, Clerk, By r IW(."__rOeputy 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. JUL 12 1989 Dated: BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator a 1 LOUIS F. SCHOFIELD, ESQ. - BURNHILL, MOREHOUSE, BURFORD, �ea � 2 SCHOFIELD & SCHILLER, INC. _ ®@p93 Ito 1220 Oakland Boulevard, Suite 200 3 Walnut Creek, California 94596 (415) 937-4950un ! 937-4950Jun 4 Attorneys for Claimants N TC PRv 5 CLE.; � FA T BY . 6 7 8 CLAIM AGAINST THE COUNTY OF CONTRA COSTA, CALIFORNIA 9 To: Board of Supervisors 10 651 Pine Street Martinez , CA 94553 11 12 CLAIMANT'S NAME: John Aiello and Longs Drug Stores California, Inc. 13 CLAIMANT'S ADDRESS: 141 N. Civic Drive 14 Walnut Creek, CA 94596 15 CLAIMANT'S TELEPHONE: (415) 937-1170 16 AMOUNT OF CLAIM: Indemnity 17 ADDRESS TO WHICH NOTICES ARE TO BE SENT: Louis F. Schofield 18 BURNHILL, MOREHOUSE, BURFORD, SCHOFIELD & SCHILLER 19 1220 Oakland Blvd. , Suite 200 P.O. Box 5168 20 Walnut Creek, CA 94596 21 DATE OF OCCURRENCE: 3/25/86 (Service of Summons and Complaint on 5/2/89) 22 PLACE OF OCCURRENCE: Contra Costa County, California 23 24 HOW DID CLAIM ARISE: Attached is a copy of the plaintiffs' 25 complaint and the claim filed against the County of Contra Costa 26 which concerns a claim for damages for the death of Richard 27 Perry, a minor. Claimants herein contend that if there is any 28 liability on their part, it would be secondary and/or passive and BURNHILL,MOREHOUSE. BURFORD,SCHOFIELD 8 SCHILLER A PROFESSIONAL GOEFOFnnoN 1 P.O.BOX 5168 w ALNUT CBE£M,CA 94595 V5)99]-.950 IX. 15 EIGHTH CAUSE OF ACTION iG Negligent Infliction of Emotional Distress 17 (Defendants John Aiello, Longs Drug Stores 18 California, Inc. , and Does 81 to 100) ... 19 50. Plaintiffs hereby incorporate each and every 20 allegation of paragraphs l through 15 and paragraphs 45 through 21 49 above as though fully set forth herein. 22 51 . As a proximate result of the negligence of John 23 Aiello, Longs Drug Stores California, Inc. , and Does 8T1 •L.to 10011 24 plaintiffs have sustained great emotional disturbance., shock 25 and injury to their nervous systems, all of which have caused , 26 and continue to cause, physical and mental pain and suffering, 27 all to their damage. 28 SPER,LOEWENSMN AND SCHWARTZ 1 1 E CORPORATE CENTRE I=Oil"Paas Rood suila 400 Meoni.California 94M i which continue 't,o cause claimant great mental, physical and 2 nervous , pain and suffering. 3 AMOUNT OF SAID ITEMIZATION. $51000,OOQ.00. 4 DATED June 23, 1986. 5 CASPER, LOEWENSTEIN & SCHWARTZ 6 .. 2 By AKtQ,-jEjj! C. &C:,R A^iZ ANDREW C. SCHWARTZ 8 Attorneys for Claimant 9 12 13 14 15 16 17 18 19 20 4 Y 21 22. r, 23 24 25 26 21 28 "PER.L0EWEN=1N AND SCHWARTZ )INE CORPORATE CENTRE T"vY 7320 NNllq.r Pqa ROW - 3 ""' 1:!ISTT ftA_ ttf 3uiu SOD" - '�� •ll Cariromin 9370 - . • 1 that liability on the part of the County of Contra Costa would be 2 primary and/or active. Claimants herein further contend that 3 they would be entitled to comparative equitable indemnity. 4 AMOUNT OF CLAIM: Jurisdiction over the claim would rest in the 5 Superior Court. 6 Dated: June Z, 1989 Respectfully submitted, 7 8 BURNHILL, MOREHOUSE, BURFORD, 9 SCHOFIELD & SCHILLER, INC. 10 By 11 LOUIS F. SCHOFI D Attorney for JOHN AIELLO and 12 LONGS DRUG STORES CALIF. , INC. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BURNHILL,MOREHOUSE, BURFORD,SCHOFIELD B SCHILLER A PROFESSIONAL CORPORATION 2 P.O.BOK 5168 WALNUT CREEK.CA 94596 (4151 9344950 ANDREW C. SCHWARTZ CASPER , LOEWENSTEIN & SCHWARTZ y of One Corporate Centre 1320 Willow Pass Road, Suite 400 '' p e State Concord, California 94520 �--- Telephone : '(415 ) 827-0556 DEG' - 5 19bb s of 1 r• R,i rZ C.N n,.,a. 1�.i. Attorneys for Plaintiffs ` - "' " "" '' ^'T'r ._.___. of ized IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA Drug IN AND FOR THE COUNTY OF CONTRA COSTA LISA PERRY, BEVERLY BROWN ) —and._FLOYD _BROWN , ) No. 294505 ! Plaintiffs, ) COMPLAINT FOR WRONGFUL--- --- --_-^------ .. DEATH AND- NEGLIGENT.__, vs. ) INFLICTION OF EMOTIONAL iello, DISTRESS COUNTY OF CONTRA COSTA, ) CALIFORNIA; STATE OF ) CALIFORNIA; LONGS DRUG STORES ) ed, he CALIFORNIA, INC. ; JOHN ) -AIELLO; LaVONNE GATES; ) PEGGY RAY; KENNETH PERRY; ) KENNETH FRANK PERRY, JR. ; ) e and DOES 1 through 100, ) inclusive, ) Defendants. ) ,ie was Plaintiffs allege as follows : I. ;ay, GENERAL ALLEGATIONS 19 and 1 . At all times herein mentioned, plaintiff, Lisa Perry, !nt. was the mother of Richard Perry hereinafter known as ,h "decedent", a minor who was born on November 4, 1983, and who other died on March 25 , 1986 . nt 2. At all times herein mentioned , plaintiffs , Beverly Brown and Beverly Brown , were the maternal grandparents of decedent. I fictitious names. Plaintiffs will amend their complaint at 2 such time as the true identities of defendants, Does 1 through 3. 100, are determined. 4 11 . On or about May 14, 1985 , decedent was found to fall 5 within Welfare and Institutions Code Section 300, was adjudged b to be a dependent child of the Contra Costa County Superior 7 Court and was placed in the custody and control of the Contra 8 Costa County Social Service Department. 9 12. In early January, 1986, decedent was negligently and 10 carelessly placed in the custody and under the control of Peggy --- Ray_ by LaVonne Gates and the Contra Costa-County--Socia-1--Ser-v-ice__ - -- 12 Department. �3 13. From the moment the decedent was placed in the 14 custody of Peggy Ray, Peggy Ray began to negligently and 15 carelessly overmedicate the decedent with chloryl hydrate. ` 16 This overmedication continued, causing serious injuries to the 17 decedent and ultimately causing his death on March 25 , 1986. 18 14. On or about February 19, 1986, the Contra Costa 19 County Social Service Department and LaVonne ..Gates were 20 informed by several individuals that decedent appeared to be 21 overmedicated. The Contra Costa County Social Service 22 Department and LaVonne Gates were requested to take action to �3 remove decedent from the custody of Peggy Ray. No such' action 24 was ever taken. As a direct and proximate result of this 25 inaction, the decedent died. 26 15 . Plaintiffs have filed claims against defendants, 27 County of Contra Costa, California, and State of California, in 28 accordance with the provisions of California Government Code CASFER.LOEWENSTEIN AND SCHWARTZ ONE CORPORATE MORE 3 — Iwo VVft ft"ROW - 6,i.,00 Concord.Cskf mw 04520 (4761 827.0566 - 1 1 Section, 905. Plaintiffs ' claims were denied and plaintiffs 2 have , therefore , commenced the within action. (Copies of said 3 claims are attached hereto as Exhibits "A"-, "B", "CII and I'D". ) 4 WHEREFORE , plaintiffs pray as set forth hereinbelow. 5 II. 6 FIRST CAUSE OF ACTION 7 Wrongful Death 8 (Defendants State of California and Does 1 to 10 ) . 9 16. Plaintiffs hereby incorporate each and every 10 allegation contained in paragraphs 1 through 15 above as though 1 17.. In that the State of California -had==granted a-foster-. -- 13 care license to Peggy Ray, they had a mandatory duty to 14 supervise Peggy Ray to determine whether or not she was 15 properly discharging her duties as a foster parent. 16 18. The State of California and Does 1 to 10 failed to 17 discharge these duties and, as a proximate result of this 18 failure to discharge these mandatory duties , the decedent died. 19 19. As a proximate result of the negligence of the State 20 of California and Does 1 to- 10 in their failure to discharge 21 this mandatory duty and the death of the decedent , plaintiffs 22 have sustained loss resulting from the loss of society, comfort 23 and attention of the decedent in an amount to be determined. 24 20. As a further proximate result of the negligence of 25 the State of California and Does 1 to 10 in their failure to 26 discharge this mandatory duty and the death of the decedent , 27 plaintiffs have incurred funeral and burial expenses in an 28 amount to be determined. SPER.LOEWENSTEIN AND SCHWARTZ E CORPORATE CENTRE 020 Willow PAn Road Suits 400 wwxrA•CaliforrW 94520 (415)627-0556 .- .. . .. 1 WHEREFORE , plaintiffs pray as set forth hereinbelow. 2 III. 3 SECOND CAUSE OF ACTION 4 Negligent Infliction of Emotional Distress 5 (Defendant State of California and Does 1 to 10) 6 21 . Plaintiffs hereby incorporate each and every 7 allegation of paragraphs 1 through 20 above as though fully set 8 forth herein. 9 22. As a proximate result of the negligence of the State 10 of California and Does 1 to 10 and their failure to discharge -------11- --their-mandatory--duty-to-supervise-Peggy-Ray;pla-int-iffs-have------ - 12- sustained great emotional- d=isturbance, shock and injury to 13 their nervous systems , all of which have caused, and continue 14 to cause, physical and mental pain and suffering, all to their 15 damage. 16 23. Plaintiff, Lisa Perry, Was reasonably required to and 17 did incur medical and incidental expenses for examination and 18 care for said injuries . Plaintiff is informed and believes , 19_- and _ther.eupon_alleges,.--that_plain-t.if.f will--Ln. the. future be _.._ 20 reasonably required to incur similar obligations. Plaintiff 21 has leave to amend this complaint to insert the amount of 22 medical and incidental expenses incurred by plaintiff ads a 23 result of these injuries when these amounts have been 24 ascertained. 25 WHEREFORE, plaintiffs pray as set forth hereinbelow. 26 27 28 PER,LOEWENSTEIN - ND SCHWARTZ CORPORATE CENTRE 20 Wilby PRU Rood Suite 400 word.Crlilorni4 645M 4415)527-0SSS t I IV. 2 THIRD CAUSE OF ACTION 3 Wrongful Death 4 (Defendant Peggy Ray and Does 11 to 20 ) 5 24. Plaintiffs hereby incorporate each and every G i allegation of paragraphs 1 through 15 above as though fully set 7 forth herein. 8 25 . At all times herein mentioned, Peggy Ray was a 9I licensed foster mother and had both special knowledge and 10 ~----------_ �_spe,c.i.al_obligations toward the decedent and the plaintiffs. 11 --- - 26. Despite this special knowledge and these specia12 l - -- _-. obligations, Peggy Ray and Does 11 to 20 continually 13 overmedicated the decedent without proper medical advice or 14 attention and did so in a negligent and careless manner. j 15 27. In doing the acts alleged in this complaint , Peggy . 16 Ray and Does 11 to 20 did these acts with a conscious disregard 17 for the rights and life of decedent and with conscious 18 disregard toward the plaintiffs. 19 -- - 26. As a proximate result of the negligent- "acts of--Peggy 20 Ray and Does 11. to 20, the decedent became ill and ultimately 21 died. 22 29. As a proximate result of the negligence of Psggy Ray 23 . and Does 11 to 20 and the death. of the decedent, plaintiffs 24 have sustained loss resulting from the loss of society, comfort 25 and attention of the decedent in an amount to be determined. 26 30. As a further proximate result of the negligence of 27 Peggy Ray and Does . 11 to 20 and the death of the decedent, 28 ASPER,LOE W ENSTE IN AND SCHWARTZ NE CORPORATE CENTRE I=Willow PW Rwd 6, swu 4W larrord.C09foml4 94M !4151!?7-0556 1 plaintiffs have incurred funeral and burial expenses in an 2 amount to be determined. 3 WHEREFORE, plaintiffs pray as set forth hereinbelow. 4 V. 5 FOURTH CAUSE OF ACTION 6 Negligent Infliction of Emotional Distress 7 (Defendant Peggy Ray and Does 11 to 20) 8 31 . Plaintiffs hereby incorporate each and every 9 allegation of paragraphs 1 through 15 and paragraphs 25 through 10 30 above as though fully set forth herein. 32. As a proximate result of the negligence ofPeggyRay12. -- ---- -- and Does--11 to 20; plaintiffs-have sustained great emotional 13 disturbance , shock and injury to their nervous systems , all of 14 which have caused, and continue to cause, physical and mental 15 pain and suffering, all to their damage. 16 33• Plaintiff, Lisa Perry, was reasonably required to and 17 did incur medical and incidental expenses for examination and 18 care for said injuries. Plaintiff is. informed and believes , 19 and thereupon alleges , that--plaintiff -will 'in the future- be-- ---- 20 reasonably required to incur similar obligations. Plaintiff 21 has leave to amend this complaint to insert the amount of 22 medical and incidental expenses incurred by plaintiff ,#s a 23 result of these injuries when these amounts have been 24 ascertained. 25 WHEREFORE , plaintiffs pray as set forth hereinbelow. 26 27 28 CASPER.LOEWENSTEIN AND SCHWARTZ ONE CORPORATE CENTRE ./ t=IM11"Pea ROW 1 suite 4M - prat sttasse I VI. 2 FIFTH CAUSE OF ACTION 3 Wrongful Death . 4 (Defendants LaVonne Gates , County of 5 Contra Costa and Does 21 to 80) 6 34. Plaintiffs hereby incorporate each and every allegation of paragraphs 1 through 15 above as though fully set 8 forth herein. 9 35. At .all times herein mentioned, LaVonne Gates was a 10 social worker employed by the County of Contra Costa and was _equipped with special knowledge as to foster care and placement 12 of dependent children. 13 36. Despite this special knowledge, LaVonne Gates and 14 Does 21 to 80 negligently and carelessly placed the decedent in 15 the home of Peggy Ray who was unfit to care for the decedent. 16 37• LaVonne Gates , the County of Contra Costa and Does 21 17 to 80 were aware of Peggy Ray 's unfitness. However, despite 18 this awareness , LaVonne Gates , the County of Contra Costa and Does 21 to 80 negligently and carelessly placed the decedent in 20 the home of Peggy Ray. As a proximate result of this negligent 21 and careless placement , the decedent died. 22 38. Plaintiffs further allege that LaVonne Gates , the 23 County of Contra Costa and Does 21 to 80 were told on sGeral 24 occasions that Peggy Ray was overmedicating the decedent , yet 25 they took no action to remove the decedent from the home of 26 Peggy Ray. As a proximate result of the negligent placement 27 and the negligent failure to remove the decedent from Peggy _ 8 _ 28 1SPER,LOEWENSTEIN AND SCHWARTZ IE CORPORATE CENTRE 1320*Slow Pop Road Suits 400 orkWfd.Caliipmi4 94M N151 027-0556 1 1 Ray 's home, the decedent was overmedicated by Peggy Ray and 2 died. 3 39• As. a proximate result of the negligence of LaVonne 4 Gates, the County of Contra Costa and Does. 21 to 80 and the 5 death of the decedent, plaintiffs have sustained loss resulting 6 from the loss of society, comfort and attention of the decedent 7 in an amount to be determined. 8 40. As a further proximate result of the negligence of 9 LaVonne Gates, the County of Contra Costa and Does 21 to 80 and 10 the death of the decedent , plaintiffs have incurred funeral and 11 --- ------ burial_expenses- in an amount to be determined. -- - 12- WHEREFORE, plaintiffs pray as set forth hereinbelow.--- — 13 VII. 14 SIXTH CAUSE OF ACTION 15 Negligent Infliction of Emotional Distress 16 (Defendants LaVonne Gates, County of 17 Contra Costa and Does 21 .to 80) 18 41 . Plaintiffs hereby incorporate each and every -19 --al-legation- oaf---parag-raphs .1 through 15 and paragraphs 35 through 20 40 above as though fully set forth herein. 21 42. As a proximate result of the negligence of LaVonne 22 Gates, the County of Contra Costa and Does 21 to 80, plaintiffs �3 have sustained great emotional disturbance , shock and injury to 24 their nervous systems, all of which have caused, and continue 25 to cause , physical and mental pain and suffering, all to their 26 damage. 27 28 dPER.LOEWENSTEIN AND SCHWARTZ — 9 IE CORPORATE CENTRE 1320 1111"Pow ROW suits/00 010001.CUMom 94520 ' 415%SV4*% - 1 43. Plaintiff, Lisa Perry, was reasonably required to and 2 did incur medical and incidental expenses for examination and 3 care for said injuries. Plaintiff is informed and believes , 4 and thereupon alleges, that plaintiff will in the future be 5 reasonably required to incur similar obligations. Plaintiff 6 has leave to amend this complaint to insert the amount of 7 medical and incidental expenses incurred by plaintiff as a 8 result of these injuries when these amounts have been 9 ascertained. 10 WHEREFORE, plaintiffs pray as set forth hereinbelow. - 12- -- - -- SEVENTH-CAUSE-OF -ACTION - - — - - 13 Wrongful Death 14 (Defendants John Aiello, Longs Drug Stores California, Inc. , and Does 81 to 100) 15 16 44. Plaintiffs hereby incorporate each and every allegation of paragraphs 1 through 15 above as though fully set 17 forth herein. 18 45. At all times herein mentioned, John Aiello was a pharmacist licensed by the State of California and Longs Drug 20 Stores California, Inc. , was a pharmacy duly licensed by the 21 State of California. 22 46. At all times herein mentioned, John Aiello, Ltngs 23 Drug Stores California, Inc. , and Does 81 to 100 negligently, 24 carelessly and unlawfully provided chloryl hydrate to Peggy Ray 25 without proper authority to do so. 26 27 28 .SPER.LOEWENSTEIN AND SCHWARTZ 10 .E CORPORATE CENTRE 1320 VAU"AY ROW SUM 400 OncMd.C4b10mi4 04620 (416)074556 1 47. As a proximate result of this negligent and unlawful 2 providing of chloryl hydrate to p g y Peggy Ray, the decedent became 3 overmedicated and died. 4 48. As a proximate result of the negligence of John 5 Aiello, Longs Drug Stores California, Inc. , and Does 81 to 100 6 and the death of the decedent, plaintiffs have sustained loss 7 resulting from the loss of society, comfort and attention of 8 the decedent in an amount to be determined. 9 49. As a further proximate result of the negligence of 10 John Aiello, Longs Drug Stores California, Inc. , and Does 81 to 100 and the death of the decedent, plaintiffs have incurred---- ------ funeral --and burial—ex eases in—an -amount--to--be_dexer_mined.- --__-_ _ 13 WHEREFORE plaintiffs pray as set forth hereinbelow. 14 IX. 15 EIGHTH CAUSE OF ACTION 16 Negligent Infliction of Emotional Distress 17 (Defendants John Aiello, Longs Drug Stores 18 California, Inc. , and Does 81 to 100) 19 50. Plaintiffs hereby incorporate each and every 20 allegation of paragraphs 4- through 15 and paragraphs - 45 through 21 49 above as though fully set forth herein. 22 51 . As a proximate result of the negligence of John �3 Aiello , Longs Drug Stores California, Inc. , and Does 8.T%oto 100 , 24 plaintiffs have sustained great emotional disturbance., shock 25 and injury to their nervous systems, all of which have caused, 26 and continue to cause, physical and mental pain and suffering , 27 all to their damage. 28 :ASPER.L.OEWENSTEIN AND SCHWARTZ )NE CORPORATE CENTRE 1320 0111 Put Rwo suits 4W C xw4rd.Glnorr"94M r - 't 1 52. Plaintiff, Lisa Perry, was reasonably required to and 2 did incur medical and incidental expenses for examination and 3 care for said injuries . Plaintiff is informed and believes , 4 and thereupon alleges , that plaintiff will in the future be 5 reasonably required to incur similar obligations . Plaintiff 6i has leave to amend this complaint to insert the amount of I 7 medical and incidental expenses incurred by plaintiff as a 8 result of these injuries when these amounts have been 9 ascertained. 10 WHEREFORE, plaintiffs pray as set forth hereinbelow. — --- 12 - - -- ---._ DAMAGES. ----- -- 13 Plaintiffs pray for damages as follows : 14 As to all causes of action: 15 A. General damages according to proof; 16 B. Special damages according to proof; i 17 C. Funeral and burial expenses according to proof; 18 D. Costs of suit herein ; - 19 E. Such other and further-amounts as .the_.cour_t.-may_deem------. ._ 20 proper; and ' 21 As to the Third and Fourth Causes of Action : 22 F. Punitive damages according to proof against Pe�gy Ray. 23 DATED December 4, 1986 . 24 CASPER , LOEWENSTEIN & SCHWARTZ 25 ANDRMf C. cJ%C:,vrA rrz By 26 ANDREW C. SCHWARTZ Attorneys for Plaintiffs 27 28 :ASPER.L.OEWENSTEIN AND SCHWARTZ _ 12 ONE CORPORATE CENTRE 1320 Willow Psu Ib0 &lits 4W Conowd.CAGlonr 61520 44151 827-0556 `1 1 ANDREW C. SCHWARTZ 2 CASPER, LOEWENSTEIN & SCHWARTZ One Corporate Centre 3 1320 Willow Pass Road, Suite 400 ` Concord, California 94520 4 Telephone: (415) 827-0556 5 Attorney for Claimant 6 7 8 CLAIM AGAINST THE COUNTY OF CONTRA COSTA, CALIFORNIA 9 TO: Board of Supervisors 10 651 Pine Street ------ - - ---- --Martinez,_California _.94553... -_ - -. ..-- --- - --- ---..-- ---- ------------ CLAIMANT I-S-NAME ---_.CLAIMANT '-S-NAME -- — ------ --?isa_P_err-y___.- 12 CLAIMANT 'S ADDRESS: 2491 Mallard Drive 13 Walnut Creek, California 94596 14 CLAIMANT'S TELEPHONE: (415) 935-8281 15 AMOUNT OF CLAIM: $59000, 000. 00 - - 16 ADDRESS TO WHICH ANDREW -C. SCHWARTZ NOTICES ARE TO BE SENT: CASPER, LOEWENSTEIN & SCHWARTZ 17 1320 Willow Pass road, Suite 400 Concord, California 94520 18 DATE OF OCCURRENCE: March 25, 1986 19 - .---------- - -- --- -- PLACE OF OCCURRENCE: Contra Costa County, California 20 HOW DID CLAIM ARISE: Lisa Perry, claimant, is the 21 mother of Richard Perry, a minor who was born on November 4, 22 1982, and who died on March 25 , 1986. At the time of gis 23 death, Richard Perry was a dependent child within the meaning 24 of the Welfare and Institutions Code , and was in the custody . 25 ' and car-e_of the Social Services Department of the County of 26 Contra Costa, California. Sometime in January of 1986, at the 27 direction of the Contra Costa County Social Services 28 PER,LDEW ENSTEIN ,ND SCHWARTZ CORPORATE CENTRE = 1 - na:IBIT "A-1t' QD%%IIWv ft"ROW suiu 401) Wa calitomm 945M 1 Department, Richard Perry was placed in the licensed foster 2 home of Peggy Ray. 3 Claimant hereby alleges that said placement was negligent, 4 careless and in conscious disregard for the rights of Richard 5 Perry and Lisa Perry. Said placement was made in violation of 6 all statutes governing the placement of .minors• in foster homes 7 and was not made in the best interests of the minor. From the 8 date Ricard Perry first entered the home of Peggy Ray until 9 his death on March 25 , 1986 , the Department of Social Services - was -negligent in--fail-ing--to--supervise_-and_ inspect Richard _ .._--P_erry _s__placement in the home of. Peggy Ray. The--Contra-Costa.____ 12 County Department of Social Services failed to exercise any and 13 all mandatory and discretionary acts as set .forth in the 14 California Welfare and Institutions Code and the California 15 Health and Safety Code. 16 As a proximate result of the negligent placement of 17 Richard Perry in the home of Peggy Ray and the negligent 18 ' ---- ---- ---super_v-is.ion, inspection. and monitoring of the placement in the 19 home of Peggy Ray, Richard Perry died , causing claimant severe 20 shock to her nervous system and emotional distress. 21 Lisa Perry is hereby making a claim for not only the 22 t•. wrongful death of her son , Richard, but also for the negligent 23 • infliction of emotional distress caused by the death of her 24 son, Richard Perry. 25 ITEMIZ_".= ION OF SAID CLAIM: As a- -result of the previously- 26 mentioned acts , claimant has suffered severe emotional, 27 pecuniary and other losses , all to her general damage , all of 28 S PER•LOEW/ENSTEIN ' AND SCHWARTZ E CORPORATE CENTR 14M MOW Pm ROW t: _ — 2 Suite 4W ].COTE.Cdlifp 64M -- ` rP vo `5}j'y� w.7 t/��i���",�i"'.•tY jY�^p^�+ ✓;. "i.-�P J1 •", ''�1 y�"�{4 '.., �" ..--YY g oat �•. XZ 00 •. 1 1 1 t i • ' U 05 r 1 J r r m o a zcoN ,� guioa ? Lo N t1 f a d y N } .4 04 o q 1 Y, lA }1 0 IN, � 1 4� ,J I CLAIM / ti 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 Jul1 1989 and Board Action. All Section references are to The copy of this document mailed to you iY yo1 ur'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: $10, 000. 00 Section 913 and 915.4. ; Please note all "Warnings". CLAIMANT: ATCHISON, TOPEKA, AND SANTA FE ETAL c/o Raymond Bergez, Esq. CO ATTORNEY: Hardin, Cook, Loper, Engel & Bergez yC'p 1999 Harrison St. 18th- floor Date received /�j JAN 4ns�� ADDRESS: Oakland, CA 94612-3508 BY DELIVERY TO CLERK ON June 1 , ` ,910,9 sZ 49 BY MAIL POSTMARKED: May 31 , 1989 C,� 9 Q I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 2 , 19.89 RYIL BATTCYELOR, Clerk epuL. 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: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Adminis for (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (k) 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: J U L 11 1989 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. JUL 12 1989 Dated: BY: PHIL BATCHELOR uty_Clerk CC: County Counsel County Administrator a I RAYMOND J. BERGEZ JOHN A. DE PASQUALE 2 HARDIN, COOK, LOPER, ENGEL & BERGEZ Lake Merritt Plaza 3 1999 Harrison Street, Eighteenth Floor Oakland, California 94612-3508 4 Telephone: ( 415) 444-3131 REC'EIVE 5 Attorneys for Claimants The Atchison, Topeka & Santa Fe 6 Railroad Company and B. N. Scheiter 1989�` ) PHIL BATCHELOR 7 IN THE MATTER OF THE CLAIM OF CLERK BOAkD OF SUPERVROR; co T.,• Aco THE ATCHISON, TOPEKA & SANTA FE 8 RAILWAY COMPANY AND B. N. SCHEITER AGAINST THE COUNTY 9 OF CONTRA COSTA 10 To: Clerk of The Board County of Contra Costa 11 651 Pine Street, Room 106 Martinez, CA 94553 12 / 13 The Atchison, Topeka, and Santa Fe Railway Company and 14 B. N. Scheiter hereby makes a claim against the County of Contra 15 Costa regarding a train-vehicle accident- that o'ccurred" 'at 16 approximately 1 : 30 p.m. on April 6, 1988, at the intersection 17 where Minaker Drive and the Atchison, Topeka & Santa Fe Railroad 18 tracks near the Domtar gypsum plant in the County of Contra 19 Costa, California. 20 The accident occurred when a tractor-trailer , driven by 21 Todd Freeman, was struck broadside by an Atchison, Topeka, and 22 Santa Fe Railway Company train. Said train was being conducted 23 by B. N. Scheiter . As a result of the collision, Todd Freeman 24 suffered injuries to his left leg and pelvis. 25 On March 21 , 1989 , a complaint was filed by Todd 26 Freeman for personal injuries in the Superior Court of Contra 27 Costa County, State of California, Case No. C8901106. Claimants LAW OFFICES OF 28 HARDIN, COOK, LOPER, ENGEL a BERGEZ LANE MERRln PLAZA I988 HARRISON STREET EIGHTEENTN FLOOR OAKLAND,CA 94612-3508 TELECOPIER:(4131 839,7940 14181 4463131 I were named as defendants therein and were served with said 2 complaint on May 1, 1989 . Attached as Exhibit A is a true and 3 correct copy of Todd Alan Freeman ' s complaint filed in this 4 matter . Attached as Exhibit B is a true and correct copy of Todd 5 Alan Freeman' s claim filed against the County of Contra Costa. 6 Claimants incorporate herein the allegations presented in Mr . 7 Freeman' s complaint and claim against the County of Contra Costa 8 in order to inform the County of Contra Costa of the factual 9 basis of their claims for indemnity. 10 Claimants are entitled to be indemnified fully by the 11 County of Contra Costa for any recovery that plaintiffs, in the 12 above-mentioned action, may realize against claimants. 13 Pursuant to Government Code section 910( f) , the amount 14 claimed exceeds ten thousand dollars ( $10, 000 ) . Jurisdiction 15 over this claim rests in the Superior Court: 16 All notices or other communications with regard to this 17 claim should be sent to Raymond Bergez , Esq. , at Hardin, Cook, 18 Loper, Engel & Bergez, 1999 Harrison St . , 18th Floor , Oakland, 19 California 94612-3508 . 20 DATED: gal , 1989 21 HARDIN, COOK, LOPER, ENGEL & BERGEZ 22 BY 23 JOHN De PASQUALE, At or eys for Claim a s 24 T CHISON, TOPE & SANTA FE RA WAY COMPANY AND B. N. SCHEITER 25 26 27 LAW OFFICES OF 28 HARDIN. GOOK. LOPER. ENGEL Q BERGEZ "KE MERRITT PUU 1009 HARRISON$TREEf - �1 - EIGHTEENTN FLOOR L OAK"NO.CA 946133309 TELECOPiER:(41S)639-7940 JDP:P-Freeman2 bav, jmh (415)444-3131 #02161-15423 Exhibit A ..TTORMEY'OR PARTY WITHOUT ATTORNEY(NA . .40 ADDRESS). TELEPI FOR COURT USE ONLY HIRSCHFIELD & NADLER (707) 763-4155 - BY:' FREDERIC L. HIRSCIIFIELD, ESQ. 205 Keller Street, P . O. Box 2538 Petaluma, California 94953 ATTORNEY FOR(NAME): Plaintiff TODD ALAN FREEMAN Insert name of court.Judicial district or branch court.If any,and post office and street address' SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA ULo 725 Court Street P. 0. Box 911 Martinez , California 94553 MAR 2 1 1989• Ill CRA61LC7r ACTfNG PLAINTIFF: 8y u)NTRA 6ATA cuUNTY OVNTy CL[Rt{ r'IN7- TODD ALAN FREEMAN LRILLO.D.wrr DEFENDANT: ATChISON, TOPEI:A AND SANTA FE RAILROAD COMPANY, B. -N. SCHEITER, DOMTAR, INC . , CITY OF ANTIOCII, COUNTY OF CONTRA COSTA, JOHN R. FRESCIII , DENISE FRESCIII , and DOES I through L, inclusive []DOES 1 TO CASE NUMBER: COMPLAINT--Personal Injury, Property Damage, Wrongful Death ®MOTOR VEHICLE =OTHER(specify): 1 r QProperty Damage []Wrongful Death 89 0 1 1 0 G ®Personal Injury CD Other Damages(specify): 1. This pleading.Including attachments and exhibits, consists of the following number of pages: 14 2, a. Each plaintiff named above Is a competent adult [] Except plaintiff(name): OUT. .. a corporation qualified to do business in California �' i ±ii:t r% .,, /•- P q �I i�,f ,-1 ., .tl�krt+:) Man unincorporated entity(doscflbo): =a public entity(describe): a minor M an adult 0 for whom a guardian or consotvator of the estate or a guardian ad Illom has boon appointed C] other(specify): CD other(specify): [-I Except plaintiff(name): M a corporation qualified to do business in California (man unincorporated entity(describe): (-_-]a public entity(describe): Da minor M an adult Q for whom a guardian or conservator of the estate or a guardian ad Iltem has boon appointed =other(specify): other(specify): b. Plaintiff(name): I Is doing business under the fictitious name of(specify): and has complied with the fictitious business name laws. c. [] Information about additional plaintiffs who aro not competent adults Is shown in Complaint- Attachment 2c. (Continued) Form Approved by the Judktat Council of Celifornla COMPLAINT—Porabnal Injury, Properly Darnago, Etlecl JaJanuary 1.1962 Rule 982.1(1) � Wrongful Death ' CCP 421.12 Ru SHORT TITLE: FRE-EMAN V. ATCHISON, TO AND SANTA FE CASE NUMBER: RAILROAD COMPANY, et al . COMPLAINT—Personal Injury, Property Damage, Wrongful Death Page two 3. a. Each defendant named above is a natural person ® Except defendant(name): ®Except defendant(name): ATCLISON, TOPEKA AND SANTA FE CITY OF ANTIOCH RAILROAD COMPANY ®a-business organization, form unknown =a business-organization, form unknown a corporation 0 a corporation [� an unincorporated entity(describe): 0 an unincorporated entity(describe): a public entity(describe): CD a public entity(describe): 0 other(specify): =other(specify): ® Except defendant(name): Except defendant(name): DOMTAR, INC. COUNTY OF CONTRA COSTA 0 a business organization, form unknown Qa business organization, form unknown ® a corporation =a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): a public entity(describe): ®a public entity(describe): Q other(specify): 0 other(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. Information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d. Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): l 4. ® Plaintiff is required to comply with a claims statute, and a. ® plaintiff has complied with applicable claims statutes, or see attached claims marked b. plaintiff is excused from complying because(specify): Exhibits "A" and "B" 5. This court is the proper court because = at least one defendant now resides in its jurisdictional area. jl the principal place of business of a corporation or unincorporated association is in its jurisdictional area. (+� injury to person or damage to personal property occurred in its jurisdictional area. other(specify): I 8. L] The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): 3a (Continued) Pago two SHORT TITLE: FREEMAN v. ATCIiISON , TOPEKA AND SANTA FF CASE NUMBER: RAILROAD COMPANY, et al . COMPLAINT—Personal Injury, Property Damage, Wrongful Death (Continued) Page three 7. Q The damages claimed for wrongful death and the relationships of plaintiff to the deceased are =Iislod in Complaint—Allacltmenl 7 F-105follows: 8. Plaintiff has suffered ®wage loss loss of use of property ®hospital and medical expenses ®general damage 0 property damage ®loss of earning capacity F1 other damage(specify): 9. Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit; for such relief as is lair,just, and equitable: and for ® compensatory damages (Superior Court) according to proof, 0(Municipal and Justice Court) in file amount of ® other(specify): and pre-judgment interest 11. The following causes of action are attached and the statements above apply to each: (Each complaint must have ono or more causos of action attached.) Q Motor Vehicle ®General Negligence 0 Intentional Tort Products Liability Premises Liability (�Other(specify): Frederic L. Hirschfield (Type or print name) - (Signature of ptaLo,.Ilomy) COMPLAINT—Personal Injury, Property Damage, Page three nate 902.1(1)(cont'd) Wrongful Death (Continued) ccP.25.12 SHORT TITLE: FREEMAN v. ATCHISON, TOPEKA AND SANTA FD CASE NUMBER: RAILROAD COMPANY, et al . FIRST CAUSE OF ACTION—General Negligence Page 4 (number) ATTACHMENT TO MComplaint =Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff(namo): TODD ALAN FREEMA14 alleges that defendant(name): ATCIiISON, TOPEKA AND SANTA FE RAILROAD COMPANY , B. N . SCIIEITER, and DOES I through X, inclusive C]Does to was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(dale): April 6 , 1986 at(placo): Minaker Drive , approximately 235 feet North of Wilbur Avenue , City of Antioch, County of Contra Costa, State of California (description of reasons for liability): That on April 6 , 1988 , plaintiff approached the crossing of the ATCHISON , TOPEKA AND SANTA FE RAILROAD COMPANY railroad tracks and Minaker Drive . Defendants ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY; B. N . SCIIEITER, and DOES I through X, inclusive , negligently owned, operated, controlled, and maintained the train, in that, among other things , defendants , and each of them, failed to use reasonable care to warn of the approach of said train; traveled at an unreasonable speed; and failed to keep a proper lookout for approaching trucks . The negligence of the defendants , and each of them, proximately caused injuries to plaintiff , who was the driver of a truck struck by the defendant train as it crossed the railroad tracks . Form Approved by lho Judicial Council of California Effective ea9n821(;; 1902 CAUSE OF ACTION—General Negligence ccr azs.fz SHORT TITLE: FREEMAN v. ATCHISON , TOPEKA AND SANTA FE CASE NUMBER: RAILROAD COMPANY, et al . SECOND CAUSE OF ACTION—Premises Liability Page 5 (number) ATTACHMENT TO =Complaint =Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff(name): TODD ALAN FREEMAN alleges the acts of defendants were the legal(proximate) cause of damages to plaintiff. On (date): April 6 , 1988 plaintiff was Injured on the following premises in the following fashion(description of premises and circumstances of injury): That plaintiff is informed and believes and thereon alleges that defendants CITY OF ANTIOCH, COUNTY OF CONTRA COSTA, and DOES XI through XX, inclusive, are owners of certain property located at and near the crossing of the defendant ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY railroad tracks and Minaker Drive. That defendants CITY OF ANTIOCII, COUNTY OF CONTRA COSTA, and DOES XI through XX, inclusive, and each of them, negligently planned, designed, owned, controlled, inspected , and maintained their property, including, but not limited to, the approaches to the crossing of the defendant ATCHISON , TOPEKA AND SANTA FE RAILROAD COMPANY railroad tracks and Minaker Drive so as to render said crossing (cont. on page 6) Prem.L-2. Q] Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names): Q Does to Prem.L-3. Q Count Two—Willful Failure to Warn [Civil Code section 1146) The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): Q Does to Plaintiff, a recreational user, was =an Invited guest Qa paying guest. Prem.L-4. ® Count Three—Dangorous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(namos): CITY OF ANTIOCII, COUNTY OF CONTRA COSTA ® Does XT to XX , inclusive a. ® The defendant public entity had ©acluaf ®constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. Q The condition was created by employees of the defendant public entity. Prem.L-5. a. ® Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names)! DOES I through XXXX, inclusive Q Does to b. = The defendants who aro liable to plaintiffs for other reasons and the reasons for their liability are (Q described in attachment Prom.L-5.b Q as follows(names), Form Approved by the Judicial Council of California Efle"R°n4R?1l51 1902 CAUSE OF ACTION—Premises Liability CCP 425.12 r FREEMAN V. ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, et al. CONTINUATION OF SECOND CAUSE OF ACTION -- PREMISES LIABILITY dangerous. That said crossing was not sufficiently protected such as to warn an operator of a motor vehicle of an approaching train. That defendants CITY OF ANTIOCH, COUNTY OF CONTRA COSTA, and DOES XI through XX, inclusive, and each of them, failed to erect and/or maintain appropriate warning devices and to construct and maintain the approach to the crossing located at the defendant ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY railroad tracks and Minaker Drive in a reasonably safe condition for the traveling public. Plaintiff is informed and believes and thereon alleges that defendants CITY OF ANTIOCH, COUNTY OF CONTRA COSTA, and DOES XI through XX, inclusive, and each of them, were legally responsible for constructing and maintaining the approaches to the railroad crossing of the defendant ATCHISON TOPEKA AND SANTA FE RAILROAD COMPANY railroad tracks and Minaker Drive, and that they did singularly and jointly maintain a dangerous condition at said crossing that would not have reasonably been anticipated by the drivers of vehicles proceeding on Minaker Drive towards the railroad crossing. That defendants CITY OF ANTIOCH, COUNTY OF CONTRA COSTA, and DOES XI through XX, inclusive, and each of them, failed to utilize reasonable care in the design, planning and maintenance of the roadway located at the defendant ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY crossing and Minaker Drive, particularly in the failure to protect users of the roadway from injury from collisions with trains. The crossing was not safe, among other things, in the following respect: no crossing gates, obscured view of approaching trains, flashing light signals and other warning devices were not properly designed and/or maintained. That defendants CITY OF ANTIOCH, COUNTY OF CONTRA COSTA, and DOES XI through XX, inclusive, and each of them, had notice of the prior accident history at the railroad crossing and/or complaints made; the engineering departments of said defendants, and each of them, failed to take appropriate precautions to prevent injury. -6- SHORT TITLE: FREEMAN v. ATCIiISON , TOPEKA AND SANTA FE CASE NUMBER: RAILROAD COMPANY, et al . THIRD CAUSE OF ACTION—Premises Liability Page 7 (number) ATTACHMENT TO Pl�-J Complaint Q Cross-Complaint (Uso a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff(name): TODD ALAN FREEMAN alleges the acts of defendants were the legal(proximate) cause of damages to plaintiff. On (dafo): April 6 , 1988 plaintiff was injured on,the following premises in the following fashion(description of promises and circumstances of injury): That plaintiff is informed and believes and thereon alleges that defendants ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, DOMTAR, INC . , and DOES XXI through XXX, inclusive, are owners of certain property located at and near the crossing of the defendant ATCIIISON, TOPEKA AND SANTA FE RAILROAD COMPANY railroad tracks and Minaker Drive . That defendants ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, DOMTAR, INC. , and DOES XXI through XXX, inclusive , ane; each of them, negligently planned, designed, owned, controlled, inspected , and maintained their property, including, but not limited to , the approaches to the crossing of the defendant ATCHISON , TOPEKA AND SANTA (cont. on page 8) Prem.L-2. ® Count One—Negligence The defendants who negligently owned, maintained, managed and operated file described premises were(names): ATCIIISON , TOPEKA AND SANTA FE RAILROAD COMPANY, DOMTAR, INC. ®Does XXI to XXX, inclusive Prem.L-3. Q Count Two—Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): Q Does___ to Plaintiff, a recreational user,was =an Invited guest =a paying guest. Prem.L-4. = Count Threo—Dangorous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names): Q Does to _ a. Q The defendant public entity had =actual =constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. Q The condition was created by employees of the defendant public entity. Prem.L-5, a. ® Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): DOES I through XXXX, inclusive =Does to b. Q The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are []described in attachment Prem.L-5.b =as follows(namos); Form Approved by the Judicial Council of California E114cNv6.I11nuary 1, 1982 , n 1 ie r: nr: A r`TIr1 M_D.r.micoe I Iahilitv CCP 425.11 FREEMAN V. ATCHISON TOPEKA AND SANTA FE RAILROAD COMPANY et al CONTINUATION OF THIRD CAUSE OF ACTION -- PREMISES LIABILITY FE RAILROAD COMPANY railroad tracks and Minaker Drive so as to render said crossing dangerous. That said crossing was not sufficiently protected such as to warn an operator of a motor vehicle of an approaching train. That defendants ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, DOMTAR, INC. , and DOES XXI through XXX, inclusive, and each of them, failed to erect and/or maintain appropriate warning devices and to construct and maintain the approach to the crossing located at the defendant ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY railroad tracks and Minaker Drive in a reasonably safe condition for the traveling public. That defendants ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, DOMTAR, INC. , and DOES XXI through XXX, inclusive, and each of them, permitted to exist near the crossing of the defendant ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY railroad tracks and Minaker Drive certain structures and objects that obscured the vision of operators of motor vehicles of approaching trains. That defendants ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, DOMTAR, INC. , and DOES XXI through XXX, inclusive, and each of them, failed to utilize reasonable care in the design, planning and maintenance of the roadway located at the defendant ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY crossing and Minaker Drive, particularly in the failure to protect users of the roadway from injury from collisions with trains. The crossing was not safe, among other things, in the following respect: no crossing gates, obscured view of approaching trains, flashing light signals and other warning devices were not properly designed or maintained. -8- SHORT TITLE: FREEMAN V. ATCIIISON, TOPEKA AND SANTA FE CASE NUMBER: RAILROAD COMPANY, et al . FOURTH CAUSE OF ACTION--Premises Liability Page 9 (number) ATTACHMENT TO ®Complaint Q Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff(name): TODD ALAN FREEMAN alleges the acts of defendants were the legal(proximate) cause of damages to plaintiff. On (dale): April 6 , 1488 plaintiff was Injured on the following promises in the following fashion(description of promises and circumstances of injury): That defendants JOIiN R. FRESCHI , DENISE FRESCIII , and DOES XXXI through XXXX, inclusive, and each of them, permitted to exist near the crossing of the defendant ATCHISON , TOPEKA AND SANTA FE RAILROAD COMPANY railroad tracks and Minaker Drive certain structures and objects that obscured the vision of operators of motor vehicles of approaching trains . Prem.L-2. ®Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names): JOEN R. FRESCIII , DENISE FRESCIII ° ®Does XXXI to XXXX, inclusive Prem.L-3. Q Count Two—Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): Q Does _ to Plaintiff, a recreational user,was =an invited guest =a paying guest. Prem.L-4. Q Count Threo—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names): Q Does_ to a. Q The defendant public entity had =actual =constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. Q The condition was created by employees of the defendant public entity. Prem.L-5. a. nA Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): DOES I through XXXX, inclusive = Does to i b. M The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are Q described in attachment Prem.L-5.b =as follows(names); dorm Approved by the Judicial Council of California Effective January 1,1902 naCAUSE OF ACTION—Premises Liability CCP A25.12 Exhibit B HIRSCHFIELD & NADLER, 1 A Professional Corporation By: FREDERIC L. HIRSCHFIELD, ESQ. 2 205 Keller Street, P. O. Box 2538 Petaluma, California 949537•'' 3 Telephone: (707) 763-4155 1.6�gaa. 4 Attorneys for Claimant, g p- TODD FREEMAN _ �ZLOn 5 VV GY 7 In the Matter of the Claim of: 8 TODD FREEMAN 9 against the COUNTY OF CONTRA 10 COSTA 11 TO: COUNTY OF CONTRA COSTA 12 Clerk of the Board 651 Pine Street, Room 106 13 Martinez, California 94553 14 Claimant, TODD FREEMAN, hereby makes a claim against 15 the COUNTY OF CONTRA COSTA for the sum set forth below, 16 and makes the following statements in support of the 17 claim: 18 1 . Claimant's address is 4312 Little Fairfield 19 Street, Eureka, California 95501 . 20 2 . Notices concerning this claim should be sent to 21 HIRSCHFIELD & NADLER, A Professional Corporation, c/o 22 Frederic L. Hirschfield, 205 Keller Street, P. O. Box 23 2538 , Petaluma, California 94953 . 24 3 . The date of the occurrence that gave rise to this 25 claim is April 6, 1988. 26 I EXHIBIT "B" 1 4 . The events that gave rise to this claim occurred 2 on Minaker Drive and the Atchison, Topeka and Santa Fe 3 railroad tracks near the Domtar Gypsum Plant, 235 feet 4 north of Wilbur Avenue, City of Antioch, County of Contra Costa, State of California. 5 5. The circumstances giving rise to this claim are as 6 follows: Claimant, Todd Freeman, was proceeding to the 7 Domtar Gypsum Plant in a northerly direction and was 8 crossing the railroad tracks when his truck was struck by 9 a railroad engine whose conductor was B.N. Scheiter. 10 The location in question was in a dangerous and 11 defective condition at the time of the subject accident in 12 the following respects: the crossing was not safe because 13 it did not have crossing gates; the view of a train 14 approaching the crossing is obscured; that the flashing 15 light signals were defective in design and were not 16 working properly due to improper maintenance. Contra 17 Costa County had both actual and constructive notice of 18 the dangerous and defective nature of the railroad 19 crossing in question. Furthermore, Contra Costa County 20 had such constructive and actual notice for a significant 21 period of time prior to the subject accident such that 22 remedial action could easily have been taken if due care 23 had been exercised. 24 6. The injuries sustained by claimant include, but 25 are not limited to, severely injured left leg and pelvis. I 26 2 Claimant is informed and believes that the medical bills 1 to date are in excess of $45, 000. 00. 2 7. The full extent of said injuries are not known at 3 this time. The names of public employees causing the 4 claimant's injuries are unknown at this time. 5 8 . The amount of the claim as of this date is 6 $795, 000 . 00. 7 9 . The basis of the computation of the amount of the 8 claim is as follows: 9 Medical Bills $ 45, 000. 00 10 General Damages $750, 000 - 00 11 t 12 DATED: September 14 , 1988 HIRSCHFIELD & NAER, ', Profe sion 1� orpora i n 13 14 By Frederic L. Hirschfield 15 Attorney for CLAIMANT 16 17 18 , 19 20 21 22 23 24 25 I 26 3 r � � ■ Ju CA � k � ' � \ \ y / a �- tf } \ \ t & ut4 © 4 \ 4 \ \ \ # \ \ � ) \ \ \ \ » ® © m3 \ \ \ ! � 4 \ 0 5 \ gu$ $ \ I r 2 � U- ? ƒ Ilk \ ± 5;I� f \ ra \ \ � }