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Home My WebLink AboutMINUTES - 04171990 - 1.19 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 APRIL 17, 1990 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: Undetermined Section 913 and 915.4. Please note all "Warnings,'13n•ty cOLlflv'i'l CLAIMANT: LOVECCHIO, Peter and Nancy VIAR • 1 9 1990 (Pennock v. Lovecchio; et al) ATTORNEY: Douglas C. McClure, Esq: X4553 McNamara, Houston, Dodge, Date received ;Martinez. CA ADDRESS: McClure & Ney BY DELIVERY TO CLERK ON March 15, 1990 (via Risk Mgmt. ) 1211 Newell Avenue, 2nd Floor Walnut Creek, CA 94596-5331 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors I0: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: March 19, 1990 BY: Deputy 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: h9 0 BY:1 J • Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDE By unanimous vote of the Supervisors present ( This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy o.f the Board's Order entered in its minutes for this date. Dated: APR 17 1990 PHIL BATCHELOR, Clerk, By -- Deputy Clerk WARNING (Gov. code 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: APR 17 1990 BY: PHIL BATCHELOR by Deputy Clerk loe CC: County Counsel County Administrator i MCNAMARA, HOUSTON, DODGE, MCCLURE iB NEY ATTORNEYS AT LAW WILLIAM K. HOUSTON,JR. 1211 NEWELL AVENUE, SECOND FLOOR DIANNE KREMEN COLVILLE RICHARD E. DODGE MAILING ADDRESS P. 0. BOX 5288 WILLIAM J. DIFFENDERFER DOUGLAS C. MCCLURE LINDA J. SEIFERT MICHAEL J. NEY WALNUT CREEK, CALIFORNIA 94596-5331 ROGER J. BROTHERS THOMAS G. BEATTY (415) 939-5330 RAYMOND L. MACKAY ROBERT M. SLATTERY STUART CHARLES GILLIAM THOMAS E. PFALZER RICARDO A. MARTINEZ LEONARD J. COOK SOLANO COUNTY OFFICE TIMOTHY J. ROWLEY 639 KENTUCKY STREET, SUITE 210 R. DEWEY WHEELER OF COUNSEL FRANCES H. YOSHIMURA DANIEL J. McNAMARA FAIRFIELD, CALIFORNIA 94533-5530 ELLEN H. NOLTING (707) 427-3998 CRAIG M. GARRITY PLEASE RESPOND TO: SYDNEY E. FAIRBAIRN P.O.BOX 5286 KAREN A.O'ROURKE WALNUT CREEK, CA 94596-1288 LISA R. ROBERTS FACSIMILE (415) 939-0203 March 13, 1990 ALDV1774 �1 Contra Costa County Risk Management Division 651 Pine Street l u Martinez, CA 94553 � ��`�1 'ar Attention: Liability Claims I RE -;EI VED RE: Pennock v. Lovecchio, et al. � and Related Cross-Actions ' 1,iAR 15g0 Contra Costa County Superior Court Docket No. C89-03187 i PHI' WCHELF.02 jQRK50RDi !- Vt;7QS Gentlemen: ` a This letter is to present a claim against the Contra Costa County regarding the claim based upon real property damages which were discovered on or about March 10, 1988. That real property located at 105 Ramona Road, Danville, State of California. Robert Pennock and Melanie Pennock filed the above-referenced action and an Answer has been or will be filed onyyour behalf' bv Gordon, Derraga, Watrous and Pezzaglia. Plaintiffs allege, among other things, that the public entity through its acts or omissions permitted certain water drainage pipes to not be installed nor connected to existing water drainage systems in the vicinity of the subject property. Plaintiffs also allege that the public entity further failed to properly inspect, maintain, and/or construct adequate water drainage systems at or near the aforementioned real property. Plaintiffs also allege that the above-named public entity failed to require others to install, maintain and/or construct adequate water drainage systems at or near the aforementioned property. Plaintiffs allege that as a result of the acts of the public entity, plaintiffs have suffered continuous errosion of the subject property, as well as to the residence and garage and that said acts or omissions have caused, or otherwise allowed a condition to exist which has encouraged or directed water drainage to be produced to trespass on, over, under, and through the real property thereby resulting in damages. Contra Costa County Risk Management Division March 13, 1990 Page 2 RE: Pennock v. Lovecchio, et al. Plaintiffs claim that as a result of this, their property has been constructively condemned. This office represents Peter Lovecchio and Nancy Lovecchio, who sold said property to the plaintiffs and who have also been sued. Assuming that plaintiffs are entitled to damages, said damages have been sustained because of the conditions created and/or allowed to exist in the public entity controlled drainage channel. For that reason, the Lovecchios look to the Contra Costa County to assume their defense and indemnify them for any judgment. Should the Contra Costa County fail to settle this claim directly with the plaintiffs and/or fail to agree to defend and indemnify the Lovecchios, there will be no alternative to filing a cross-complaint alleging causes of action for total and equitable indemnity. Conforming with Government Code, Section 910, the following is provided: (1) Claimants as present defendants, cross-defendants and prospective cross- complainants: Peter Lovecchio and Nancy Lovecchio sued in the primary action as Peter and Nancy Lovecchio; (2) All notices to be sent to the Lovecchios' counsel, McNamara, Houston, Dodge, McClure & Ney at P. O. Box 5288, Walnut Creek, California 94596, addressed to the attention of Douglas C. McClure; (3) Incident date and location: March 10, 1988 at or near 105 Ramona Road, Danville, State of California; (4) The Lovecchios have not suffered any damage to date other than the cost of investigating the case and entering a defense. The Lovecchios stand the risk of being found totally or partially at fault for plaintiffs' damages, but the ultimate injuries and damages are unknown as little discovery has been initiated regarding Contra Costa County Risk Management Division March 13, 1990 Page 3 RE: Pennock v. Lovecchio, et al. plaintiffs' claim. It is presumed that plaintiffs' counsel will claim that plaintiffs' damages are substantial. (5) The particular employees and agents of the Contra Costa County who are responsible for the design, construction, maintenance and control of the drainage trenches and pipes are unknown. (6) The amount claimed by plaintiffs, and thus the Lovecchios ' exposure, is unknown, although the Lovecchios look to the Contra Costa County for partial or total indemnification. Please advise if you wish any additional information, or if you require the above information on some particular form prior to your entertaining this claim. Thank you for your consideration. Very truly yours, McNAMARA, HOUSTON, DODGE, McCLURE & NEY Dolas C. McClure DCM:sel cc: Tania Gilbert, Esq. CLAIM I• y 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 APRIL 17, 1990 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1,100.00 Section 913 and 915.4. Please note all " i " ,_,.U6f f Counsei CLAIMANT: FONG, Kevin Craig '�Af1MAR,,) U 130 ATTORNEY: Date received Martinez. CA I45'53 ADDRESS: 155 Via Lucia BY DELIVERY TO CLERK ON March 19, 1990 Alamo, CA 94507 BY MAIL POSTMARKED: March 16, 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: Marfh 20, 1990 UVIL BATCHELOR, Clerk I1. FROM: County Counsel TO: Clerk of the Board of S&psWisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on. ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: 11\ Dated: �� 11 h lU BY: S �✓ ,Q Deputy County Counsel D �J 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 0 R: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy o.f the Board's Order entered in its minutes for this date. Dated:APR 17 1990 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code se on 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: APR 17 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF COMM (UOSTA OOUNTY 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 k ; ��I�J Against the County of Contra Costa ) _ ) MAR 1 9 1990 or k PFS::BATCHELOR District) CLERK C-C.ARU OF SUPES':'OP' Fill in name ) COST.\CO G ........... a puty The undersigned claimant hereby makes claim against the Co y of Contra Costa or the above-named District in the sum of $ JJD0 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) ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? C)AjM&r, (C D p-0pc� (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? -------------L 1A------------------------------------------------------------------ 6. What damage or injuries .do you .claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 6M A-Tr^-r-ft A �1L�c_E_=J-Lf_L,_ o1_OL��V_-1 15 Lc---- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 1000 ¢ /00 !/OU 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 l p� - VElt NOT r - y osr lel Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO:" ' (Attorney) or by some erson n his behalf." Name and Address, of Attorney Clai is Signature 1�S Via Lvc(A _ Address A7-Aiuf0 , fife �I`fS0 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)9 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. . ' ' , ^ March 12, 1990 � EC IVED Mr . Kevin C . Fong �� 155 Via Lucia " � MAR 0 %]UO Alamo , CA 94507 /vmv � ~ /�°� Board of Supervisors COSTA CO. County of Contra Costa TCHELOR County Administration Building 651 Pine Street , Room 106 4 Martinez , CA 94553 Dear Sirs : Enclosed is a claim against the County of Contra Costa for the amount of $1 , 100.00 to cover for damages incurred when my vehicle struck an unmarked ditch across from 2511 San Miguel Drive in unincorporated county at approximately 8:00pm on December 31 , 1989. An original claim was filed against the City of Walnut Creek , which redirected me to the County of Contra Costa. The ditch spans the width of the street , and is approximately fifteen inches wide and three inches deep ( see enclosed photos. NOTE: A tape cassette case is used as a rule of measurement ) ' The resulting impact on my vehicle resulted in severe and irrepairab] e damage to my left front aluminum rim. The rim is manufactured by B.B.S and is an "RA" style, front wheel drive basketweave, in a FULLY painted silver finish (NOT with polished lips) , size 6Z X 15 for a Volkswagen Jetta. The rim is no longer being imported into the United States and is not available at stores. I checked with several local and national tire stores and was unable to locate a replacement rim. ' For your reference, the following companies were contacted ; Griffen Motorwerke Berkeley , CA (415) 524-7447 Wheel Works Walnut Creek , CA (415) 945-1900 Roger Kraus Tires Castro Valley , CA (415) 582-5031 Plus One Motor Sports Hayward , CA (415) 487-6700 Deals on Wheels Concord , CA <415> 827-0616 Euro-Tire Fairfield , NJ (800) 631-0080 Tire Rack South Bend , IN ( 800) 428-8355 I am filing a claim against the County of Contra Costa , for $1 , 100.00, which will cover the cost of four new matching rims of similar style by the same manufacturer , as well as the cost of remounting and reinstalling my tires. I will accept an exact replacement if one can be located . Thank you for your timely assistance in this matter . Sincerely, KL Fong enclosures photos 9i e-A (sl rA IN, l:nntOunscl CLAIM -M Ali, 13-90, BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Martinez CA SN65: Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT April 17 1990 and Board Action. All Section references are to The copy of this document mailed to you is your no ice 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: Arkwright Mutual Insurance Co . Insurer for Anchor Glass Container Co . ) ATTORNEY: Robins , Kaplan, Miller Date received ADDRESS: & Ciresi BY DELIVERY TO CLERK ON March 13 ., 199 (FPrinrn1 Exp . ) 444 Market St . , Ste . 2700 San .Francisco , CA 94111- BY MAIL POSTMARKED: 5332 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH gg DATED: March 13 , 1990 BYIL DeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors I �(v ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 9() BY: �Q A=Q Deputy County Counsel J 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: APR 17 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se on 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: APR 17 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ROBINS, KAPLAN, MILLER & C1RES1 ATTORNEYS AT LAW EC. IVED ATLANTA,GEORGIA SUITE 2700 'F /_/u� b�rr% /0.10 DALLAS,TEXAS 444 MARKET STREET � �'ah^ n SAN FRANCISCO, CALIFORNIA 94111-5332 `� 1 3 �� MINNEAPOLIS,MINNESOTA TELEPHONE (415) 391-9799 NEWPORT BEACH,CALIFORNIA Pi I::BATCHELOR FACS I M I LE (415) 391-1968 C:ERI ARD OF SUP:RVISOR5 CE CO. SAINT PAUL,MINNESOTA SAN FRANCISCO,CALIFORNIA WASHINGTON,D.C. WELLESLEY,MASSACHUSETTS March 12, 1990 JAY R.WOLFINGTON Contra Costa County VIA FEDERAL EXPRESS Clerk of The Board 651 Pine Street, Room 106 Martinez, California 94553 RE: Claim for Damages at Anchor Glass Plant on September 18, 1989 RKM&C File No. : 47000-8930 Dear Sir/Madam: This letter will give notice of a claim against the Contra Costa County, for flood damage which occurred at the Anchor Glass Container Plant, 1400 West 4th Street, Antioch, California, on September 18, 1989 . Jurisdiction over this claim will rest within superior court. The insurer for the Anchor Glass Container Company, Arkwright Mutual Insurance Company, 225 Wyman Street, P.O. Box 9198, Waltham, Massachusetts , 02254-9198, is filing this claim pursuant to its subrogation rights arising from insurance proceeds paid to Anchor Glass Container Company as a result of the flood on September 18, 1989. The law firm of Robins, Kaplan, Miller & Ciresi is handling this subrogation action on behalf of Arkwright Mutual Insurance Company, and all notices concerning this claim should be sent to: ROBINS, KAPLAN, MILLER & CIRESI 444 Market Street, Suite 2700 San Francisco, California 94111 -5332 Attn: Jay R. Wolfington This claim is based on the fact that the Contra Costa County Flood Control District did or failed to take the following actions: Contra Costa County March 12, 1990 Page 2 1 . Allowed Atchinson, Topeka and Santa Fe Railroad to build a construction access road on the north side of the railroad trestle located at the mouth of West Antioch Creek directly adjacent to the Anchor Glass Plant. 2. Allowed various construction projects within the West Antioch Creek Watershed to be completed without proper drainage control programs. 3. Failed to properly maintain and improve existing drainage system in the West Antioch Creek Watershed to prevent flooding. 4. Any and all future acts or omissions which may subsequently be discovered. These actions contributed to the flooding and subsequent damage at the Anchor Glass Plant on September 18, 1989. The flooding caused severe damage to equipment and personal property as well as a complete operational shutdown at the Anchor Glass Plant. We respectfully request that the Contra Costa County pay to Arkwright Mutual Insurance Company and Anchor Glass Container Company any and all damages caused by the above-mentioned flood. Very truly yours, ROBINS, KAPLAN, MILL R & CIRESI Jay R. Wolfington JRW/j acj cc: Frank S. Towner, Jr. 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 : APRIL 17, 1990 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: Undetermined Section 913 and 915.4. Please note 611 "Warnings". CLAIMANT: SAFEWAY STORES, INC. County Counsel (Canzater Allums) �iHR , 1 91390 ATTORNEY: Ms,..-Jolie Krakauer Date received Martinez CA 94553 ADDRESS: Martin, Ryan & Andrada BY DELIVERY TO CLERK ON March 14, 1990 (Federal Express) Ordway Building, Suite 2275 One Kaiser Plaza BY MAIL POSTMARKED: Oakland, CA 94612 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. gVIL BATCHELOR, Clerk DATED: March 19, 1990 : Deputy 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: I S IJ. , Deputy County Counsel —T 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). 1V. 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 o.f the Board's Order entered in its minutes for this date. Dated: APR 17 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk 17 WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: APR 17 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator LAW OFFICES OF MARTIN, RYAN & ANDRADA GERALD P. MARTIN,JR, A PROFESSIONAL CORPORATION JOSEPH D. RYAN ORDWAY BUILDING,SUITE 2275 J. RANDALL ANDRADA ONE KAISER PLAZA JOILIE KRAKAUER JILL J. LIFTER OAKLAND,CALIFORNIA 94612 R."ECEIVED KEITH I.CHRESTIONSON TELERHONE:(415)763-6510 Eyress io:i0o4e.- ANN HARDING EIATTIN FAX:(415)763-3921 1 STEPHEN F. RILEY MAR 14 1990 1 GLENN GOULD 9 PHIL IIATCHEI OR I CLERK BOARD Of SUPLAVISORS March 13, 1990 C COSTA GO. ...... DM= FEDERAL EXPRESS MAIL TRANSMITTAL MEMO TO: Clerk of the Board of Supervisors 651 Pine street, Room 106 Martinez, CA 94553 SUBJECT: SAFEWAY FIRE Canzater Allums v. Safeway Stores, Inc. Our File No: S 831 ENCLOSURES: Original and a copy of a claim against Contra Costa County Health Department and a return envelope. REQUESTED ACTION: Please stamp the copy received and r��rn the copy to this office in the envelope provided. YOUR COURTESY IS APPRECIATED Yours very truly MARTIN, RYAN & ANDRADA By: Nancy Far&anesh, Secretary to JOLIE KRMAUER s.' F MARTIN, RYAN & ANDRADA !O: Io Aglt- 3 A Professional Corporation E fJINF{ 14 1990 1 Ordway Building, Suite 2275 One Kaiser Plaza rs+!L eater+E:oa Oakland, CA 94612 CLERK BCMDOFSUPERVISORS (415) 763-6510 s co osrnco. Deputy Attorneys for Claimant SAFEWAY STORES , INC. CLAIM AGAINST CONTRA COSTA COUNTY HEALTH DEPARTMENT TO: CLERK OF THE BOARD OF SUPERVISORS , 651 Pine Street, Room 106, Martinez, CA 94553: SAFEWAY STORES , INC. , hereby makes a claim against the CONTRA COSTA COUNTY HEALTH DEPARTMENT and makes the following statement in support thereof: 1. Claimant' s post office address is: SAFEWAY STORES , INC. , 201 - 4th Street, Oakland, California 94607. 2. Notices concerning the claim should be sent to Gerald P. Martin, Jr. , Martin, Ryan & Andrada, One Kaiser Plaza, Suite 2275, Oakland, CA 94612. 3. The date and place of the occurrence giving rise to this claim are as follows: On or about September 14, 1989 SAFEWAY STORES , INC. was served with a complaint captioned Canzater Allums v. Safeway Stores, Inc. (Case No. C89-02784) . The action was filed in the Superior Court of California, County of Contra Costa. -1- 4. The circumstances giving rise to liability are as follows: SAFEWAY STORES, INC. , owned and operated a distribution center warehouse at 2900 Hoffman Boulevard, City of Richmond, County of Contra Costa, State of California. On July 11, 1988 , there was a fire in the warehouse. The fire burned for a number of days. The above-described lawsuit involves claims by plaintiff for personal injury and property damage as a result of exposure to smoke from the July 11, 1988 fire at the Safeway distribution center warehouse in Richmond, California. Among other allegations, plaintiff contends that the fire should have been extinguished immediately and that plaintiff should have been evacuated. Safeway contends that the Contra Costa County Health Department was responsible for monitoring the air quality in the area of the fire, advising community residents with regard to air quality, evacuating the area if necessary, rendering advice to the Richmond Fire Department regarding the necessity for extinguishing the fire, and for issuing any health advisories necessitated by the fire. The Contra Costa County Health Department was also responsible for monitoring the presence of toxins, if any, and rendering health advisories, if any such advisories were necessary. As a result of the Contra Costa County Health Department' s failure to properly manage the Safeway fire and its aftermath, claimant contends that it is entitled to indemnity for the damages sought in the above-described complaint. 5. General Description of Injury, Damage or Loss Incurred: Claimant is entitled to equitable or partial indemnity from the Contra Costa County Health Department pursuant to Greyhound Lines, Inc. , v. County of Santa Clara (1986) 187 Cal.App. 3d 480. The indemnity to which claimant is entitled extends not only to the complaint set forth above, but to any subsequent complaints or cross-complaints brought against claimant based on the above-described occurrences. 6. Jurisdiction over this claim would rest in Superior Court. 7 . The names of the public employees causing claimant ' s damages are unknown. -2- 8 . The amount of the claim and the basis for its computation have yet to be determined. DATED: [MARTIN, RYAN & ANDRADA A Professional Corporation By , JOL E KRAKAUE -3- PROOF OF SERVICE BY MAIL - C.C.P. §§1013a, 2015. 5 I , NANCY FARDANESH, certify that I am over the age of 18 years and not a party to the within action; that my business address is One Kaiser Plaza, Suite 2275, Oakland, California; and that on this date I placed a true copy of the foregoing document (s) entitled: CLAIM AGAINST CONTRA COSTA COUNTY HEALTH DEPARTMENT on the parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: Clerk of the Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 XX (By Overnight Courier) I caused each envelope, with postage fully prepaid, to be sent by Federal Express -. (By Mail) I caused each envelope with postage fully prepaid to be placed for collection and mailing following the ordinary business practices of Martin, Ryan & Andrada. (By Hand) I caused each envelope to be delivered by hand to the offices listed above. (By Telecopy) I caused each document to be sent by Automatic Telecopier to the following number : as indicated above I declare under penalty of perjury that the foregoing is true and correct. Executed on 13 , at kland, California. &eu �} NANCY F ANESH -4- CLAIM �. I 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 April 17, 1990 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: Undetermined Section 913 and 915.4. Please note all " am ��.:aPay"Counsel CLAIMANT: WELCH, Robert UR , 19 1300 ATTORNEY: Beswick Insurance94553 P.O. Box 206 Date received �a9#IfleZ•, GP► ADDRESS: Antioch, CA 94509 BY DELIVERY TO CLERK ON March 14, 1990 (via Risk Mgmt. ) BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March 19 1990 EVIL BATCHELOR, Clerk DATED: 8Y: Deputy 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: Ju0Dated: 1-1 /10 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administra r (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: APR 17 .199u PHIL BATCHELOR, Clerk, By �,� � Deputy Clerk WARNING (Gov. code sec -on 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: APR 17 1990BY: PHIL BATCHELOR by v Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: obert Welch Be ' ck Insurance P.O. 206 Antioch, 94509 Re: Claim of ROBERT WELCH 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 . 2, or is otherwise insufficient for the reasons checked below: x .l. 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. x 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. x 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. 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WESTMAN, County Counsel O �. By.. �� /!)- � 1� Deputy CbUnty Counsel TJ CERTIFICATE OF SERVICE BY MAIL C.C.P. S§ 1012, 1013a, 2015 .5; Evid. C. §9 641 , 664 ) 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: �\ '�a�\�b , at Martinez, California. cc: Clerk of the Board of Supervisors (o 'ginal) . Risk Management V/ (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4 , 910 . 8) • „ ..'- . 41,E 11990 FEWi` ` Q=---S ®cC 1 1\l S U R A N C E nEPRESEJNJL,'G P.G. BOX 206 r i1.:i:':;;: i 23 P;FST 7th STREE T 9'1 ANTIOCH. CALIFORNIA 414509 TELEPHONE: (415) 757-2700 Reliance Insurance company FARC: (41 51 757-13501 United Pacific Insurance Company February 20, 1990. �., `-� f•mss--, 7 l Riverview Fire District ! �•:9a 1500 W. 4th Street ` 40`rI Ilk Antioch, CA 94509 ar"K r vtSORS E C0,4A co Subject: Auto Accident 2/12/90 u Gentlemen: At the request of our insured, Robert Welch, we are writing this letter to assert claim in his behalf for damages occurring as the result of an accident on 2/12/90 in which one of your vehicles was involved. The facts, as related by our insured, would appear to indicate that you were at fault in this accident, inasmuch as your driver turned right into Mr. Welch's vehicle. Mr. Welch sustained damages to his car in the amount of $1,363.08 as indicated on the enclosed estimate. Please refer this letter to your insurance company. In the event you are not insured, will you please advise your intent with respect to this matter so that my insured may know what further action is necessary on his part. Very truly yours, Robert E. Beswick to end. cc: Mr. Robert Welch 17 Kingsford Court Pittsburg, CA 94565 I&ESS HERNANDEZ BODY SHO10 107 Bliss PITTSBURG, CALIFORNIA 94565 ESTIMATE OF REPAIRS 24 HOUR TOWING ; Phone: 432-3000 NAME j'r/ /,/ AgDRESCITY / 'STA E %�. ' ZIP DATE S/ aE OF CAp YEAR K_ TYp LICENSE NO. ` -MILEAGE a �TkoYOR NO. AND ,OR SERIAL NO. I 11SU/ ADJUSTER INSPECTOR �A. ` BUOSINEJ�r FRONT Lbs' PARTS LEFT H;S,PARTS RIGHT H;S. PARTS Hrs. Bmpr +�Fndr Bmpr Reforce Bar Fndr. 1 \ ; _ Bmpr Impact Strip Bmpr Brkt - - Fndr Shld _ Bmpr Gd Fndr Shld Bmpr Tip R L Fndr Mldg. Bmpr Bolts 8 Shims Fndr Mldg Bmpr Filter Hdlmp i Valance _ 1 Grvl Shld Hdlmp Door Prk Lite Hdlmp Sealed Beam Fri Svst + Hdlmp Door Cowl—Post Frame Door IFrt) t Mbr Sealed Beam Cowl-Post Door Hinge Wheel Door (Frt) :�:� Hub Cap r Door Mldg Door Hinge Hub & Drum l/ hti 1 p v "-, Door Lock Door Mldg. Knuckle Ctr Post Door Lock Up Cont Arm Door (Rear) Ctr Fust Lr Cont Arm Door Mldg Door—(Rear) Shock Rocker PnI Door Mldg Rockr Mldg Tie Rod Ends Floor Rocker Pnl Qtr. PnI Grille Rockr Mldg Grille Panel Floor Qtr. Pnl i� ' Qtr Mldg Park Lights R L Qtr Mldg Qtr Ext Qtr Ext Lock Plate Lr Whl Hsg Whl Hsg Lock Plate Up misc. REAR„ Frt seat Hood Bmpr . E.F1` Rear Seat Hood Hinge Bmpr Brkt Wndshld Hood Mldg Bmpr Impact Strip Bmpr Gd Wndshld Kit Bmpr Filler Hding _Rad. Sup Back Up Lite Top Rad. Core Lwr Body Pnl Tire % Worn Coolant 8;4t Red Hoses & Clamps Tail Lite R L R.Palnt 3 Mat. KN VA. ./ Fan Shroud Paint Stripping Fan Blade Trnk Lid/Gate AUTHORIZATION FOR REPAIRS Water Pump Trnk Lid Hinge You are herebv authorized to make the above repairs. A/C Core Trnk Lid Mldg Rechrg A/C Signed FloorX al Frame `Mbr /--r LABOR-/ HRW_,1 �-/ Mir MtsGes Tnk /p, ///l ' PARTS Tailpipe —Mfflr J // SUBLET Trans Linkage Axle Spring / i TOWING CHARGE Hub & Drum Wheel SALES TAX Antenna Valance GRAND TOTAL CODE: A—At 1 gn — Ex & X — Exchange — N —New — OH — Over haul — P—Pai nt L R-Repair —S-Straighten—U-Used All Materials Are Subject To Prica,tihange At Time Of Invoice. Deductible Must Be Paid Before Car Will Be Released Visible Damage Quotation (,,-1( 792450 NAME ' , v� DATA✓—q_QORK PHONE HOME PHONE " ` ADDRESS I I n G 5 Fy rcl CITY STATE ZIP / • YEARTMAKEa_ L.IJJL—MODEL 6I.D.NO. l PAINT CODE PROD.DATE TRIM MILEAGE LICENSE NO. Z y/`7`7 DATE OF LOSS i WRITTEN BY `6911 T INS.CO. FILE NO. CLAIM NO. P.O.NO. '+ ADJUSTER LIC.NO. PHONE Deductible/Betterment 'LINE RE- RE- DETAILS OF REPAIR PARTS INDEX N0. PAIR PUCE . R=Repair S=Straighten A=Aftermarket N=New PI PARTS LABOR. PAINT SUBLET/MISC. R/C=Recycle/Rechrome/Recore U=Used R=Rebuilt 3 2- / 2 (,r p r 23/-7 , 3 = 3 ,oL Cl00 / <str` 4, 8 9 = 10 ,OE-./1t5rr� , X11 =12 13 -14 -15 =16 _17 _18 19 _20 =21 '22 =23 = X24 !25 1 26 -27 1 hereby authorize the above work and acknowledge receipt of copy. TOTALS b � PARTS Prices bject to vice $ ato -33 1 iSigned X Date LABOR-� hrs. j Shop Supplies $ AMERICAN AUTO PAINTING PAINT hrs.( $ Paint Supplies&r'1 $ & BODY REPAIR 1 Towing/Storage $ _ Sublet/Miscellaneous $ 105 Bliss Avenue EPA/Waste Disposal Charge $ Pittsburg, California 94565 $ _ Phone (415) 432-9910 SUBTOTAL $ B.A.R. #AB076560 ! $ I TAX ....................... $ � (o'� a I TOTAL $ 1 y 2�• l ®1988 1/D/E/Ainc. Form No.1007 1/D/E/Ainc.,One I/D/E/A Way,Caldwell.ID 83605-6902•CALL TOLL FREE 1-800-635.9261 A t Centra cog,) 1990 Ristc management