HomeMy WebLinkAboutMINUTES - 04031990 - 1.19 CLAIM
Pi BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
�L ains t the County, or District governed by) BOARD ACTION
the-,... rd of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT April 3, 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 "War►tuoty Counsel
CLAIMANT: NAVARRO, Carissa thru guardian MAR'%2 1390
Teresa DeForge
ATTORNEY: and -Ben Navarro �U}�i'tln� � `
George 0. Fekete, Esq. Date received
ADDRESS: BY DELIVERY TO CLERK ON March 2. 199
Scranton Law Firm
1200 Concord;Ave. , Ste. 260 Cert. No. P542-569-522
BY MAIL POSTMARKED: March 1 . 1990
Concord, CA 94520
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
�
E IL BATCHELOR, Clerk
DATED: March 2, 1990 B : Deputy
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
�+ ) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The. Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: �1�9r, BY: S. Deputy County Counsel
V
11I. 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 o.f the Board's Order entered in its minutes for
this date.
Dated: APR 3 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code secti 13)
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 4 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
1 GEORGE 0. FEKETE , Ph.D. , J. D . i
SCRANTON LAW FIRM --.
2 1200 Concord Avenue , Suite 260
Concord , CA 94520 RECEIVED
3 (415) 682-7777
4 Attorney for Claimant MAR 21990
CARISSA NAVARRO, a minor, through PHR.BATCHELOR
5 her Guardian ad Litem TERESA DEFORGE CLERK BOARD OFSUPEMSOPS
and TERESA DEFORGE individually, s co T"cosTAco. oer
6 BEN NAVARRO.
7
8
CLAIM AGAINST PUBLIC ENTITY
9
10
11 In the matter of Carissa
NAVARRO, a minor , through
12 her Guardian ad Litem TERESA CLAIM FOR DAMAGES
DEFORGE and TERESA DEFORGE . (Govt. Code Section 910
13 individually, BEN NAVARRO et seq) .
14 v.
15 CONTRA COSTA COUNTY HOSPITAL
DISTRICT, MERRITHEW HOSPITAL
16 STEVEN MARON, M . D. , &
17 H. EWING, M.D.
18 .........................................................................................................................................................................../
19 1 . I , GEORGE 0. FEKETE, the undersigned, present this,
20 claim for damages as a person acting on behalf of the claimant.
21 2. I desire notice relative to this matter to be sent to
22 my following business address:
23 GEORGE 0. FEKETE , ESQ.
SCRANTON LAW FIRM,
24 1200 Concord Ave . , Suite 260
Concord, California 94520
25
3 . The name and address of claimant are:
26
CARISSA NAVARRO, TERESA DEFORGE, BEN NAVARRO
27 409 CAROLINA STREET , #A
VALLEJO, CA 94590
28
1 4. The date and place of the occurrence that gave rise to
this claim are as follows :
2
9/15/89
3 MERRITHEW MEMORIAL HOSPITAL
2500 ALHAMBRA AVENUE
4 MARTINEZ , CA 94553
5 5. The circumstances of the occurrence which gave rise to
the claim are:
6
Teresa DeForge after 18 hours labor delivered Carissa
7 Navarro, who weighed over 10 lbs. at birth. Prenatal care was
provided by H. Ewing, M. D. Steven Maron, M. D. delivered the
8 baby at Merrithew. Teresa advised Dr. Maron that she had been
leaking fluid for three to four days prior to her admission on
9 9/11/89. The....._f_e.ta_ ......._heart....._mond.tor......au.r_ ._n_9.......t_he.......last half hour P.1--e.7
.........................................................................................
4.e.1..z_ '.e ra s....._m a.1._f..y.n o_t.1_o_n_1..0 9_.._a.n_d......_d. ._d....._n o t......p_1 _
_o_k.....u.p....._t.h_e......h e a.r_t...._r.a_te._
10 It was a vaginal vertex delivery without anesthesia . The baby
was born quite depressed , required intubation and endotracheal
11 epinephrine; however, the baby remained "quite floppy and blue" .
At one hour of age the baby developed generalized seizures and
12 subsequently she was transferred to Mt . Zion Hospital , San
Francisco, via ambulance.
13
It,. A general description of claimant 's injuries, damages ,
14 and losses incurred so far as is now known are as follows:
15 Traumatic encephalopathy; watershed infarction with
arms worse than legs; tonoclonic seizures; intracranial.
16 hemorrhage .
17 7. The name(s) of the public employee(s) causing said
injuries, damages and losses as far as presently known are:
18
MERRITHEW MEMORIAL HOSPITAL AND
19 STEVEN MARON, M . D.
20
S. The amount claimed as of the date of presentation of
21 this claim consists of general damages and special damages
relative to claimant's injuries and property damage and loss of
22 use of same in amounts unknown at this time but in the aggregate
not less than $100,000.00 and exceeding the jurisdiction of the
23 Municipal Court of the State of California . Claimant reserves
the right to insert said amounts when same are ascertained.
24
25
DATED: j� Cj� SCRANTON LAW FIRM
_M126 ...�Yney
. OW
........... ................................
GEOR0. TE, SQ
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errithew County Counsel
emorlal .� 'r� '�R . u 1990
_ �r,.�r\�O - o �r9a �tr���. 0�. ..453
AND
' 1x90
"4'L BATCHELOR
CLERK°OAkD Of SUPLRVISORS
COWR OSTA CO.
TO: Office of County Counsel DATE: March 2, 1990
Contra Costa County
FROM: Mark Finucane � RE: CLAIM
Health Services erector rarissa Navarro
Record #510262-9
Teresa Deforge
Record #500546-0
The attached claim for the above named patient was received by
Merrithew Memorial Hospital today.
SP
Attachment
cc: Risk Management Department
- Contra Costa County
A
.crq\COUN'�
A-301A (3/87)
GEORGE 0. FEKETE , Ph . D. , J. D.
1
SCRANTON LAW FIRM
1200 Concord Avenue, Suite 260
2 Concord, CA 94520 f � i.- 'L/ LS _
(415) 682-7777 � ��'
3
Attorney for Claimant
4 CARISSA NAVARRO, a minor, through
her Guardian ad Litem TERESA DEFORGEITAi
5 and TERESA DEFORGE individually,
BEN NAVARRO.
6
7
8 CLAIM AGAINST PUBLIC ENTITY
9
10
In the matter of Carissa
11 NAVARRO, a minor , through
her Guardian ad Litem TERESA CLAIM FOR DAMAGES
12 DEFORGE and TERESA DEFORGE (Govt . Code Section 910
individually, BEN NAVARRO et seq) .
13
V.
14
CONTRA COSTA COUNTY HOSPITAL
15 DISTRICT , MERRITHEW HOSPITAL..
STEVEN MARON, M. D. , &
16 H. EWING, M.D.
17 .................................................................................................................................................................................../
18
1 . I , GEORGE 0. FEKETE , the undersigned, present this
19
claim for damages as a person acting on behalf of the claimant.
20
2. I desire notice relative to this matter to be sent to
21
my following business address:
22
GEORGE 0. FEKETE , ESO.
23 SCRANTON LAW FIRM,
1200 Concord Ave . , Suite 260
24 Concord, California 94520
25 3. The name and address of claimant are:
26 CARISSA NAVARRO, TERESA DEFORGE , BEN NAVARRO
409 CAROLINA STREET ; #A
27 VALLEJO, CA 94590
28
I
'. The date and place of the occurrence that gave rise to
this claim are as follows:
2 9/15/89
3 MERRITHEW MEMORIAL HOSPITAL
2500 ALHAMBRA AVENUE
4 MARTINEZ , CA 94553
5
S. The circumstances of the occurrence which gave rise to
the claim are:
6 Teresa DeForge after 18 hours labor delivered Carissa
Navarro, who weighed over 10 lbs. at birth. Prenatal care was
7
provided by H. Ewing, M. D . Steven Maron, M.D. delivered the
8 baby at Merrithew. Teresa advised Dr. Maron that she had been
leaking fluid for three to four days prior to her admission on
9/11/89. The....._fetal......._heart....._mon.it_or....._du.r_i.n_g.......tti_e......last half hour
9 deliver was ma1functionin and did .not ick u the heart rate .
Y............................................................................................................._g.............................................................................p...............................p.............................................................................................
10 It was a vaginal vertex delivery without anesthesia . The baby
was born quite depressed, required intubation and endotracheal
11 epinephrine; however, the baby remained "quite floppy and blue'' .
At one hour of age the baby developed generalized seizures and
12 subsequently she was transferred to Mt. Zion Hospital , San
Francisco, via ambulance .
13 6. A general description of claimant 's injuries, damages,
and losses incurred so far as is now known are as follows:
14
Traumatic encephalopathy; watershed infarction with
15 arms worse than legs; tonoclonic seizures; intracranial
16 hemorrhage.
7. The name(s) of the public employee(s) causing said
17 injuries, damages and losses as far as presently known are:
18 MERRITHEW MEMORIAL HOSPITAL AND
19 STEVEN MARON, M .D.
20 B. The amount claimed as of the date of presentation of
21 this claim consists of general damages and special damages
relative to claimant 's injuries and property damage and loss of
22 use of same in amounts unknown at this time but in the aggregate
not less than $100,000.00 and exceeding the jurisdiction of the
23 Municipal Court of the State of California. Claimant reserves
the right to insert said amounts when same are ascertained.
24 DATED: y�/Ja,J / / f��j0 SCRANTON LAW FIRM
25 /l A/, �, 0
26 ................. ............................................................................................................. ....................
......_.................................
GE GE 0. EKETE, .
27 At orney for Plaintiff
2
28
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a v °- ! I2A COSTA COUNTY, CALIFORNIA
� � :� .n ,
C r c^ ! ) BOARD ACTION
v .i.... RJ p +• i
M ;..
to _ n ICE TO CLAIMANT April 3, 1990
by of this document mailed to you is your notice of
:It
! lion taken on your claim by the Board of Supervisors
laph IV below), given pursuant to Government Code
P 913 and 915.4, Please note all "Warni "
�'5& ycounsel
'r�AR. 6 1990
4.3i:+ Z•, ,Q F 4553
eceived
!IVERY TO CLERK ON March 6, 1990
O
L POSTMARKED: March 5, 1990
'!?unty Counsel
BeT�tELOR, Clerk
P y
e �
the Board of S&peevisors
10 and 910.2.
910 and 910.2, and we are so notifying
ion 910.8).
L� in claim on ground that it was filed late and send
I b ! present a late claim (Section 911.3).
� 2'1
o �1�
I r\D �?- / Deputy County Counsel
.A
C5
rn0
,el (1) County Administrator (2)
j ;laimant (Section 911.3).
py—una r...... 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 3 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code se 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 4 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
SMITH, WRIGHT & PETERSON
• Attorneys At Law
Joseph E. Smith 405 14th Street, Suite 1100 Richard A. Phelps
(Retired) Oakland, CA 94612 Frank D. Russo
Dean W. Wright Tel. (415) 452-2000 William F. Taylor
Kenneth B. Peterson Fax. (415) 839-0655 Stephen P. Angelides
March 5, 1990
Clerk of the Board of Supervisors j RECEI `' ED
Room 106, County Administration Building ,
651 Pine Street = MAR 61990
Martinez, CA 94553
PH:L BATCHELOR
CLERK BOARD Of SUPERVISORS
RA COSTA CO.
RE: Client :William David Robert e ...
.... De ut �
Defendant :County of Contra Costa
Date of Accident :9/13/89
Dear Gentlepersons:
Enclosed you will find a claim by the above-named claimant,
submitted pursuant to Government Code Section 900, et seq.
Please return the duplicate, showing the date and time the
original was received by your office. A self-addressed stamped
envelope is enclosed for your covenience.
Very truly yours,
S IT , `;WRIG & P T RSON
Frank D. Russo
FDR:mac
opeu:29/afl-cio
Enc.
CLAIM
(Government Code SOection 9E 00, et seq ) ECE 1VED
MAR 61990
i pFljt.9ATCHELCR
CLERK BOARD OSCRS
TO: Clerk of the Board of Supervisors Ca--7., OSTACC
eU,
Room 106, County Administration Building+ 6
651 Pine Street
Martinez, CA 94553
PLEASE TAKE NOTICE that the Claimant(s) named below hereby
presents a cliam for personal injury pursuant to Government Code
Section 900, et seq.
(A) The name and post office address of the Claimant are:
CLAIMANT: William David Roberts
CLAIMANT'S ADDRESS: 2301 Oakvale Road
Walnut Creek, CA 94596
(B) The person and post office address to which the
Claimant desires notices to be sent are:
Frank D. Russo, Esq.
Smith, Wright & Peterson
404 - 14th St. , 11th Floor
Oakland, CA 94612
(C) The date, place and other circumstances of the
occurrence or transaction which gave rise to this claim are:
DATE :9/13/89
PLACE :Building Inspections Department, 3rd
Floor, north wing.
CIRCUMSTANCES :William David Roberts was at the
Building Inspections office on business when he was negligently
struck from the rear by a large desk being moved by County
employees. Mr. Roberts was struck in the left calf. He had his
back to the people who were moving the desk.
(D) The general description of the injury, damage or loss
incurred so far as it is presently known is:
The left leg became extremely swollen and painful.
Additional descriptions of the injuries are contained in the
medical reports of Dr. Timothy Howard, which are in the
possession of the County.
(E) The name or names of the public employee or employees
causing the injury, damage or loss, if known are:
The names are unknown but are believed to be known by
the County Risk Management Office.
(F) The amount claimed as of the date of the presentation
of this claim, including an estimated amount of any prospective
injury, damage or loss, in so far as it is presently known,
together with the basis of the computation of the amount claimed,
are:
$9, 000 total, including wage-loss of $4, 800 for the
time period September 13, 1989 through October 1, 1989, twelve
days' lost earnings at the rate of $400 per day, medical bills in
an amount believed to be approximately $500, and $4, 700 of
general damages.
DATED: March 5, 1990 SMITH WRILGHT & PETE N '
t �
By:
Frank D. Russo
Attorney for Claimant
\`lam• ���l:f �r+�
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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 A r i l 3 1 9 9 P
and Board Action. All Section references are to The copy of this document mailed to you Rs your notice o
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $ 500 , 000 . 00 Section 913 and 915.4. Please note all "Warn%ggj'L'1r1ty Counsel
CLAIMANT: WALDRON, Pearl West ,VAR G 1990
ATTORNEY: Barrett R. Baskin, Fsa. a"tlne ��/�;�'�4!6_r�,�.
Miller, Brodsky & Baskin, Int D receivedELIVERY TO CLERK ON March 1 , 1990
ADDRESS: Attorneys at Law Y D
221 Main Street, Ste . 1001 1
San Francisco , CA 94106- 36876Y MAIL POSTMARKED: February 28 , 990
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. PPHH BB
DATED: March 6 , 1990 BYIL DeputyLOR, Clerk
II. FROM: County Counsel TO: Clerk of the Board of visors
� ) 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: 3 ( BY: Deputy County Counsel
0
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 RD -
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 HIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code s"2/913)
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 asshown above.
Dated: APR � rin BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
MILLER, BRODSKY & BASKIN, INC.
TELEPHONE
ATTORNEYS AT LAW
(415) 543-1111
221 MAIN STREET, SUITE 1001
SAN FRANCISCO,CALIFORNIA 94105-3687 FACSIMILE
(415) 543-1118
February 28 , 1990
RECEIV .
J. Bosarge = MAR 19 1
Deputy Clerk
� PHIL BATCHELOR
Contra Costa County CLERK BOARD OF, FRV;SORS
�o
The Board of Supervisors a co "'•,- SDe
County Administration Building
651 Pine Street, Room 106
Martinez, California 94553
Re: Claim of Pearl West Waldron
Dear Mr. Bosarge:
We are in receipt of your letter dated February 26, 1990, a
copy of which is enclosed. Please be advised that the claim we
have filed on behalf of Pearl West Waldron is against the County
of Contra Costa as well as the Contra Costa County Transit
Authority. Enclosed please find a copy of said claim which was
received by your office on February 14, 1990 .
Sincerely,
BARRET�T"R. BASKIN
BRB: rjh
Enclosures
lor
The Board of Supervisors Contra CPhk fthQhBoard
and
County Administration Building County
Administrator
asi2forCt1 ) 371
651 Pine St., Room 106
Martinez, California 94553 County
Tom Powers,1st District
1-77-7
FEB 2 8 1990
Nancy C.Fanden,2nd District t.
Robert I.Schroder,3rd District ^
Sunne Wright McPeak,4th District �. .� M(Il.CR2 f�ROOSKY
BASKIN, INC.
Tom Torlakson,5th District 14
February 26, 1990
Barrett R. Baskin, Esq.
Miller, Brodsky & Baskin, Inc.
Attorneys at Law
221 Main Street, Suite 1001 '
San Francisco, CA 94105-3687
Subject: Claim of Pearl West Waldron
Dear Mr. Baskin:
On February 14, 1990 you filed a claim against Contra Costa County Transit District
with the Clerk of the Contra Costa County Board of Supervisors.
Following review of your claim by County Counsel, it has been ascertained that the
Contra Costa Board of Supervisors does not have jurisdiction over Contra Costa
County Transit District, and is not the entity with which your claim should be filed.
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By:
J. Bosarge, Deputy Clerk
Enclosure
, * CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Instructions to Claimant
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later_ than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911. 2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez , CA 94553 (or mail. to P.O. Box 911, Martinez, .CA) .
C. If claim is against a district governed by the Board of Supervisors ,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public ent'-ty, separa,te . claims
must be filed against each public entity.
E. Fraud. See penalty-- for fraudulent claims , Penal Code Sec. 72 at end
of this form.
RE: Claim by ) Resery fes.-E,lr��k-s €�,� stamps
PEARL WEST WALDRON RECEIVE
- ) i
FEB 1 4 1990 -
Against the COUNTY OF CONTRA COSTA)
CONTPA COSTA ) PKLBATCHE!OR
or COUNTY TRANSIT DISTRICT) aEaK: l!. -OSTAC��soes
(Fill in name) )
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the. sum of $ 500 , 000 . 00
and in suppot�t o,f�, thin claim represents as follows:
� -d \ \\- \ l - \ y \\ _ --- --- -- ----- -- -- ---
-1=..��'-Wheri',did=-the ,damage or injury occur? (Give exact date and hour)
August 29 , 1989
-----------r------------------------------------------------------------
2. Where did the damage or injury occur. (Include city and county)
At the bus stop .on the corner of San Pablo Avenue and Tara Hills ,
San Pablo , Contra Costa County, California.
------------------------------------------------------------------------
3. How did the damage or injury occur? (Give full details, use extra
sheets if required)
The bench at the bus stop collapsed while plaintiff was sitting on it .
------ ------------------ - - ------------
4 . Wh-at---particular-----------act----or---omission- on the part-o-f--coun---ty--or-- district
officers , servants or employees caused the injury or damage?
Failure to maintain said bus ,stop , including the bench inside , in a
condition of adequate safety and repair .
(over)
v
5. What are the names of county or district officers, servants or
employees causing the damage or injury? JI
Unknown.
-------------------------------------------------------------------------
6 . What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
Acute contusion of coccyx, sprained right knee and left ankle. Medical
expenses to date are $1 ,074 . 17 .
-------------------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. );
Bills from plaintiff' s medical providers .
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
Doctor' s Hospital of Pinole .
Drs . Chambers and Toch, Tn.c . , F1 obra.nte , Calif
Kaiser Hospital , Vallejo , Calif.
Grove , Anderson Physical Therapy , Vallejo , Calif.
----------------------`-----------------------account---of-------------------------
9. List the -expenditures you made on this accident or injury:
f-NDATE-. CITEM AMOUNT
8/29/89 r ' 'y -�- -ER; X-Rays. Drs.Hospital $ 283 . 67
8/29/89 X-Pays: Drs. Chambers and Toch, Inc. 44 . 50
9/16/89 - 11/1/89 Kaiser Hospital, Vallejo, CA. 387 . 00
11/8/89 - 12/29/89 Grove, Anderson Phy. Therapy 339 . 0 0
8/30/89 Prescriptions 20 . 00
.'.,.1".':.r.r.._ �....r .moi.._..a. -._♦
Govt. Code Sec. 910. 2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his ,behalf. "
Name and Address of Attorney �IVdol -L
BARRETT R. BASKIN, ESQ. Claimant s Signature
Miller , Brodsky & Baskin, Inc . 23 Alabama St . , Apt.B
221 Main Street , Suite 1001 Address
Sari Francisco , California 941.05 Vallejo , Calif. 94590
Telephone No. (415) 543-111.1 Telephone No. 707-557-6480
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer, or to any county, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. "
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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 Apr i 1 3, 19 90
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 "WarbWly Counsel
CLAIMANT: MADRID , Monica
MAR;2 130
ATTORNEY: Martinez. C.f�iM56
Date received
ADDRESS: 2558 Todd Avenue BY DELIVERY TO CLERK ON Marr 1, 1 1gg0
Concord, CA (via Risk Mgmt . )
BY MAIL POSTMARKED:
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, Clerk
DATED: March 2 , 1990 BY: Deputy
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: 2 2 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
(✓)
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 3 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code sect' 3)
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 4 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
T0: ' ca Madrid
2558 dd Avenue
Concord, 94520
Re: Claim of MONICA MADRID
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:
1 . The claim fails to state the name and post office address of
the claimant.
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 date, place or other
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.
x 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
By: I �.
Deputy Co ty Couns6l,,J
CERTIFICATE OF SERVICE BY MA
C.C.P. §9 1012, 1013a, 2015 .5; Evid. C. 95 641, 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: ��10�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
INSTRTJCTIONS 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 9111553•
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
RECEIVED
Against the County of Contra Costahl1A
) nI�) 1 _ 1990
or a
PHIL BATCHELOR
C"RK BOARD SUPF.VVISORS
District) r1] , ;
Fill in name ) Osyty
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ and in support of
this claim represents as follows:
----------------------------------- �r'_� f.�x1�� _�—�_2rr1� --
1. When did the damage or injury occur? (Give exexact date and hour)
2. Where did the damage or injury occur? . (Include city and county)
---� roc --- ---� = - `�------------
_L��z__ _12'1___
3. How did the damage or injury occur? (Give full details; use extra paper if
required)
/_GAG?l_'� _ , 1
4. What particular act or omission on the part of cg�ty or district officers,
S
ervants or employees caused the injury or damage?
(over)
5. What are the names of county or district officers, servants or employees causing
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.
7. How was the amount claimed above computed? (Include the estimated amount- of any
prospective injury or damage.)
ZXI S-
�cl ---•---------•---
8. Names and addresses of witnesses, doctors and hospitals.
PC�i w/ 5 ;� D
/o c�10 s !� �'I 1�
�c� G<J`
-1
-----a�__�a '�Lf? �_ '1�-1-a--- � s----------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
k
s
IGov. 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' 6f-Attorney '
Claimant's ignatur;e
I / I
Address)
Telephone No. Telephone No.
N 0 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.
� 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 3, 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 "WarQnq_1NtY Counsel
CLAIMANT: GREATER SUBURBAN MORTGAGE MAR G 1990
ATTORNEY: Thomas J. Gill, Esq. �r'PAUne,., •Cl E-N45.53
Law Offices of Date received
ADDRESS: Stephen M. Kass BY DELIVERY TO CLERK ON March 6, 1990
Park Plaza, Suite 600
1939 Harrison Street BY MAIL- POSTMARKED: March 5, 1990
Oakland, CA (4612
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: March 6, 1990 gtIL Bep�tyLOR, Cler
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 Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD OR 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 of the Board's Order entered in its minutes for
this dates.
Dated: APR 3 1990 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 1 am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: APR 4 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
I
- LAW OFFICES .
STEPHEN M. Kass
PROFESSIONAL CORPORATION
STEPHEN M. KASS PARK PLAZA, SUITE 600 TELEPHONE
THOMAS J. GILL 1939 HARRISON STREET (415) 273-8777
OAKLAND, CALIFORNIA 94612 FACSIMILE
(415) 273-8518
March 5, 1990 ►; �� Iv- q
MAR -6199
;II
^Ha BATCHELOR p
Clerk, Board of Supervisors C`ERCO nRD OF SUPERVISORS
e ul
Contra Costa County
Room 106
County Administration Building
651 Pine Street
Martinez, CA 94553
Re: GMAC Mortgage Corp. v. Greater Suburban Mortgage
Company, et al. - Contra Costa Superior Court
Case No. C89-04877 - Our File No. 345. 15301
Dear Sir or Madam:
Enclosed please find the original and one copy of a claim
against the County of Contra Costa pursuant to Government Code
section 910. The claim is submitted on a form which has been
provided to us by your office.
Please endorse file the enclosed copy and return it to me in
the envelope provided.
Thank you in advance for your cooperation in this regard.
Ve truly yours
r �
THOMAS J. /GILL-/
TJG: s
Enclosure
cc: Alan Zimmermann, Esq. (w/encl. )
Stephen M. Kass, Esq.
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, 19872
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 1069 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
Greater Suburban Mortgage )
Company )
E EINEM
Against the County of Contra Costa )
or MAR 61990
)
FH:L BATCHELOR
District) CLERK BOARD OF SUPERVISORS
A COSTA CO.
Fill in name ) C ........ DeDUN
The undersigned claimant hereby makes claim against the ounty of Contra Costa or
the above-named District in the sum of $ ;n an aG yPt 11nr1PtP,-_ and in support of
this claim represents as follows: mined amount. Jurisdiction would rest with the Superior Court
----------- --------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
Complaint for damages filed November 20, 1989.
------------------------------------------------------------------------------------
2. Where did the damage or injury occur? (Include city and county)
Pittsburg, Contra Costa
------------------------------------------------------------------------------------
3. How did the damage or injury occur? (Give full details; use extra paper if
required) This claim is for indemnity for any and all amounts, including attorneys
fees and costs which claimant may be compelled to pay as the result of any damages,.
judgment, or other awards recovered by the plaintiff in Contra Costa County Superior
Court Action No. C89-04877. (Copy of complaint attached hereto as Exhibit A)
--------------------
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
See -.:�apy of Complaint attached as Exhibit "A"..
(over) "
' r
5. What are the names of county or district officers, servants or employees causing
the damage or injury?
Not known
---------------------------------------------------
6. What damage or injuries .do you .claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
See copy of Complaint, attached as Exhibit "A".
-------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
See copy of Complaint, attached as Exhibit "A".
-------------------------------------------------------------------------------------
8. Names and addresses of wit1lCz:ibes, doutovs w*ld hu6piLa_ls.
Not applicable.
-----------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Not rt-.applicable.
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: ' (Attorney) or by s me Pg!rsoX7on his behalf."
Name and Address-of Attorney4
Thomas J. Gill, Esq. By
Law Offices of Stephen M. Kassa is Signature)
Professional Corporation Th s J. Gill
1939 Harrison Street, Suite 600 1939 ri ri Street Suite 600
. Oakland, CA 94612 dress
Oakland, CA 94612
Telephone No (415) 273-8777 Telephone No. (415) 273-8777
N O T I C E
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents'- allowance or for
payment to• any state board or officer, or to any county, :city or district board or
a-=- 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
.nY'
:. 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 b
both_ such imprisonment and fine. Z. y. .
�.< •.
• ( (CJTACION JUDI 1AL1,�
/Ow couPr usE oMt r
o0w r./. use or r. Curr,
NOTICE TO DEFENDANT: (Aviso a Acusado)
COUNTY OF CONTRA COSTA; GRE!,TER SUBURBAN MORTGAGE !
COMPANY; KIRBY M. LEE; and DOES I through XXX, inclusive, !
YOU ARE BEING SUED BY PLAINTIFF: a
(A Ud. le este demandando) �
GMAC MORTGAGE CORPORATION, an Iowa corporation
I
You have 30 CALENDAR DAYS after this sum- Despues de que le entreguen esta citation judicial usted
mons is served on you to file a typewritten re- fier:e un plazo de 30 DIAS CALENDARIOS para presenter
sponse at this court. una respuesta eicrita a m.iquina en esta torte.
A letter or phone call will not protect you; your Un; Carta o una /l.;mada telefonica no le ofreceri
typewritten response must be in proper legal prc- -ccior.; su respuesta escrila a miquina bene que
form if you want the court to hear your case cu- 1/ir con las formalidades lebales aprcpiadas si usled
If you do not file your response on time, you may qui,:e que /a co,-Ie escuche su caso.
lose the case, and your wages, money and pro-.. Si usted no presenta su respue,ta a tientpo, puede perder
petty may be taken without further warning from el caso, y le pueden quitar su salario, su dinero y otras cosas
the court. de su propredad sin aviso adicional por parte de la torte.
There are other legal requirements. You may Existen olros requisitos legales. Puede que usted quiera
want to call an attorney right away. If you do not Ilamar a un abogado inmedialamente. 5i no conoce a un
know an attorney, you may call an attorney refer- abogado, puede Ilamar a un servicio de referencia de
ral service or a legal aid office (listed in the phone abogados o a una oficina de ayuda le;al (vea el directorto
book). telefdnico).
CASE Num2fk rn,;mr,o art Gra,
The name and address of the court is: (El nombre y direction de /a come es) I I
CONTRA COSTA COUNTY SUPERIOR COURT C
P.O. Box 911
Martinez, CA 94553
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is:
(El nombre, la direcci6n y el numero de telrrono del abogado del derr:andante. o del demandante que no gene abogado. es)
Leslee R. Resseguie, Esq.
SRAPIRO & MILES
2755' Bristol St. , Suite 250
Costa Mesa, CA 92626-5909
(714) 662-0213
STEP:-1 �. 1
DATE: Nil/ 2 li 1"'89CCU:.( i i Clerk. by Deputy
rfechal Wcruarior rOe rr.ldo:
ISEALI NOTICE TO THE PERSON SERVED: You are served
1. as an individual defendant.
2. as the person sued under the fictitious name of /specify):
/` � t
3. on behalf of (specify/: ►"2<�i�-,� ��.��L.�ljc.�
under: 157< CCP 41E.10 (corporation) 0 CCP 416.60 (minor)
! [�_) CC:' 416.20 (defunct corporation) C:.P 416.70 (conservatee)
I 0 CCF •:16.40 (association er partnership) CCP 416.90 lindivid,all
Qother:
4. 1 j by personal delivery on Wart,.
•0001,0 Z. a„1, c 7
(See reverse for Proof o1 $ervlCel
r
` yMI
y
I Thomas J. Holthus, Esq.
Leslee R. Resseguie, Esq. 1L L
2 SHAPIRO & MILES
2755 Bristol St. , Suite 250 NOV 2 0 190^9
3 Costa Mesa, CA 92626-5909
(714) 662-0213/File W89-2445 (:•-ERK
4 CONTRA Cu,.,%.'UjN'TY
Attorney for Plaintiff . By DEPUTY
5 GMAC MORTGAGE CORPORATION
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE CuUNTY OF CONTRA COSTA
10
11 GMAC MORTGAGE CORPORATION, an ) CASE NO. C $ 9 Q 4 8 7 7
Iowa corporation, )
12 ) COMPLAINT FOR GENERAL
Plaintiff, ) NEGLIGENCE; BREACH OF
13 ) MANDATORY DUTY; BREACH OF
VS. ) CONTRACT; AND WASTE
14 )
COUNTY OF CONTRA COSTA, )
GREATER SUBURBAN MORTGAGE ) j,'^T!u.
15 COMPANY; KIRBY M. LEE; and DEFT._ _
l:; c.^•�` COGc 69600
16 DOES I through XXX, inclusive,
17
Defendants.
)
18
19 Plaintiff alleges and claims as follows:
20 I
21 GENERAL ALLEGATIONS
22 1. Plaintiff, GMAC MORTGAGE CORPORATION, an Iowa
23 corporation ("GMAC" herein) , is an Iowa corporation authorized
24 to do and doing business in the County of Contra Costa, State
25 of California.
26 2 . Defendant, COUNTY OF CONTRA COSTA ("COUNTY OF CC"
27 herein) , is a County duly organized and existing under the laws
28 of the State of California.
1
1 3 . Defendant is informed and believes and thereon
2 alleges that, GREATER SUBURBAN MORTGAGE COMPANY ("GREATER
\\ 3 SUBURBAN" herein) , is a corporation duly organized under the
�) 4 laws of the State of California and is authorized to do and
5 doing business in the County of Contra Costa, -mate of
6 California.
7 4 . Defendant is informed and believes and thereon
8 alleges that, KIRBY M. LEE ("LEE" herein) , is an individual and
g is the current owner of the real Property which is the subject
10 of this lawsuit, which real Property will be described
11 hereinafter.
.12 5 . The true names and capacities, whether individual,
13 associate, corporate, representative, officer, principal or
14 otherwise, of the Defendants sued herein as DOES I through XXX,
15 inclusive, are unknown to Plaintiff, who, therefore, sues such
16 Defendants by fictitious names. GMAC is informed and believes
17 and thereon alleges that each of the Defendants designated
18 herein is responsible for the events and happenings herein
19 referred to and that said Defendants thereby directly and
20 Proximately caused the damages to GMAC as hereinafter alleged. .
21 GMAC will amend this pleading to show the true names and
22 capacities of said Defendants when the same have been
23 ascertained.
24 6. GMAC is informed and believes and thereon alleges
25 that each of the Defendants is the agent, servant or employee
26 of the remaining Defendants and in committing the acts herein
� . alleged were acting within the scope of such ag,!ncy agencyand27
28 employment.
2
1 7. GMAC alleges that on or about August 17, 1979 , one
2 CRAIG W. DYKKESTEN ("DYKKESTEN" herein) , executed a Promissory
3 Note ("Promissory Note" herein) in favor of GREATER SUBURBAN.
4 Said PromisFory Note was secured by a Deed of Trust ("Deed of
5 Trust" herein) , encumbering real Property located at 65 Wharf
6 Drive, City of Pittsburg, Count• of Contra Costa, State of
7 California and legally described as follows:
8 LAT 591, Map of Shore Acres, Unit No. 5, filed November
201 1952 , Map Book 48 , Page 47 , Contra Costa County
g Records.
10 EXCEPTING THEREFROM: Rights reserved in the deed from
Earl W. Smith, Inc. , recorded May 12 ,1953 , Book 2121,
11 Official Records, Page 579, as follows :
12 "RESERVING THEREFROM, however, to the grantor and its
successors and assigns, all right, title and interest in
13 and to any and all oil, gas, casinghead gasoline and other
hydrocarbon and mineral substances in on or under the land
14 hereinbefore described below a depth of 500 feet from the
surface thereof, together with the right to explore, drill
15 for, extract, take from and remove and dispose of all oil,
gas, casinghead gasoline and other hydrocarbon and mineral
16 substances from said lands, below a depth of 500 feet from
the surface thereof by wells located on the surface of
17 adjacent land and drilled into the said land hereinbefore
described at a point below a depth of 500 feet from the
18 surface thereof" .
19 Assessor' s Parcel No. : 098-174-009-5
20 ("Subject Real Property" herein) .
21 8 . Said Deed of Trust was recorded on or about August
22 31, 1979 in the official records of the County Recorder' s
23 Office of Contra Costa County as Instrument Number 79-122947 .
24 True and correct copies of the Promissory Note and Deed of
25 Trust are attached hereto as Exhibits "A" and "B" , respectively
. 26 and by this reference, incorporated herein as if set forth in
27 full.
28
3
1 9 . By Assignment of Deed of Trust d: -:ed September 131
2 1979, GREATER SUBURBAN assigned the beneficial interest under
3 Deed of Trust to BANCO MORTCAGE COMPANY, an Iowa corporation
4 ("BANCO" herein) . Said Assignment was recorded October 5,
5 1979 , in the official records of the County Recorder' s Office
6 of Contra Costa County as Document Number 79-146100.
7 10. On or about May 1, 1983 , BANCO changes its name to
8 Norwest Mortgage Inc. ("NMI" herein) . Thereafter on or about
\ ►!
9 July 1, 1985, GMAC acquired NMI in whole. GMAC is the current
10 Payee of the Promissory Note and Beneficiary of the Deed of
11 Trust.
12 II
13 FIRST CAUSE OF ACTION
14 (General Negligence)
15 As and for a First Cause of Action against Defendants,
1
16 COUNTY OF CC and DOES I through X, inclusive, and edch of them.
17 GMAC alleges as follows:
Ig 11: GMAC realleges paragraphs 1 through 11 of its General
19 Allegations and incorporates said allegations herein as if set
o
20 forth in full.
21 12 . GMAC is informed and believes and thereon alleges
22 that LEE is, and was at all times relevant hereto, the owner of
23 the Subject Real Property.
24 13 . GMAC is informed and believes and thereon alleges
25 that on or about January 1, 1989, COUNTY OF CC and DOES I
26 through X, inclusive, made a finding that the improvements
27 located on the Subject Real Property did not comply with
28 relevant codes, ordinances, and regulations or constituted a
4
V •
1 nuisance and that said improvements needed to be repaired,
2 abated or removed.
3 14 . GMAC is informed and believes and thereon alleges
4 that on or about July 20, 1989, COUNTY OF CC and DOES I through
5 X, inclusive, demolished or caused to be demolished the .
6 improvements on the Subject Real Property.
7 15. GMAC is informed and believes and thereon alleges
8 that COUNTY OF CC and DOES I through X, inclusive, thereafter,
9 assessed a lien against the. Subject Real Property in the amount
10 of $3 , 662 . 00.
11 16 . At all times herein, COUNTY OF CC and DOES I through
12 X, and each of them, were under a duty to give Notice to
13 parties with interest in the Subject Real Property, including
14 GMAC, of certain acts taken or proposed to be taken by COUNTY
X15 OF CC and DOES I through X, and each of them, relative to the
16 Subject Real Property.
17 17 . GMAC is informed and believes and thereon alleges
18 COUNTY OF CC and DOES I through' X, inclusive, sent written
t- y
19 notice to Defendants GREATER SUBURBAN; LEE and DOES XI through
20 XX-
21 18 . At all times herein, COUNTY OF CC and DOES I through
22 X, and each of them breached their duty to GMAC by failing to
23 give any notice to GMAC, BANCO or NMI regarding the actions
24 alleged herein.
25 19 .• At all times herein, COUNTY OF CC and DOES I through
26 X, and each of them, did so negligently and carelessly perform
27 its duty to provide notice to G?;AC as to proximately cause the
28 injuries and damages hereinafter described.
5
1 20. As a proximate result of the negligence of COUNTY OF
2 CC and DOES I through X, and each of them, the value of the
3 security for the Promissory Note attached hereto as Exhibit "A"
4 has become significantly diminished, without any act on the
5 part of GMAC; resulting in damage to.GMAC in an amount which
6 will be proven at Trial, which amount is a sum not less than
7 $25 . 000. 00.
8 WHEREFORE, GMAC prays for Judgment against Defendants,
9 COUNTY OF CC and DOES I through X, inclusive, and each of them
10 as hereinafter set forth.
11 III
12 SECOND CAUSE OF ACTION
13 (Negligence - Breach of Mandatory Duty)
14 As and for a Second Cause of Action against Defendants,
15 COUNTY OF CC and DOES I through X inclusive, and each of them,
16 GMAC al2.eges as follows:
\
17 21. GMAC realleges Paragraphs 1 through 20, hereinabove
\ 18 and incorporates said allegations as if herein set forth in
19 full.
20 22 . Defendant, COUNTY OF CC was under a mandatory duty to.
21 provide notice to all parties with an interest in the Subject
22 Real Property.
23 WHEREFORE, GMAC prays for Judgment against Defendants,
24 COUNTY OF CC and DOES I through X, inclusive, and each of them
25 as hereinafter set forth.
26
27
28
6
1 Iv
2 THIRD CAUSE OF ACTION
3 (Negligence)
4 As and for a Third Cause of Actlon against Defendants,
5 GREATER SUBURBAN and DOES XI through XX, inclusive, and each of
6 them, GMAC alleges as follows:
7 23 . GMAC realleges Paragraphs 1 through 10 of its General
8 Allegations and incorporates said allegations herein as if set
forth in full.
10 24 . GMAC is informed and believes and thereon alleges
11 that on or about February 8 , 1989 , GREATER SUBURBAN, and DOES
12 XI through XX, and each of them, received written communication
13 and notice from Defendant, COUNTY OF CC that the improvements
�`\ " 14 on the Subject Real Property failed to meet applicable building
standards or constituted a nuisance.
. 15
\ 16 25. GMAC is informed and believes and thereon allegeo
17 that on or about March 8 , 1989, GREATER SUBURBAN, and DOES XI
.1I8 through XX, and each of them, received written communication
19 and notice that Defendant, COUNTY OF CC intended to demolish
e
20 the improvements on the Subject Real Property on or before a
21 date certain.
22 26 . At all times herein, GREATER SUBURBAN was under a
23 duty to forward and/or give notice to G14AC that the
�.. 24 improvements on the Subject Real Property, which property and
25 improvements acted as security for the obligation owed to GMAC,
r1 +,,J� 26 by Defendant LEE, was the subject of a notice issued by the
27 COUNTY OF CC; was substandard or a nuisance; and was in
23 jeopardy of being demolished.
7
1 27. At all times herein, GREATER SUBURBAN did so
2 negligently and carelessly perform its duty to adequately
1 -
3 advise GMAC, and did wholly fail to advise GMAC, BANCO or NMI,
--
4 as to proximately cause the injuries and damages herein
5 described.
6 28 . As a proximate result of the negligence of GREATER
-;, 7 SUBURBAN and DOES XI through XX, inclusive, and each of them,
8 the security for the Promissory Note attached as Exhibit "A"
�J has become greatly diminished without any act on the part of
10 GMAC; resulting in damage to GMAC in an amount which will be
11 proven at Trial , which amount is a sum not less than
12 $25, 000. 00.
13 WHEREFORE, GMAC prays for Judgment against Defendants,
14 GREATER SUBURBAN and DOES XI through XX, inclusive, and each of
15 them as hereinafter set forth.
16 V
17 FOURTH CAUSE OF ACTION
18 (Breach of Contract)
19 As and for a Fourth Cause of Action against Defendants,
20 GREATER SUBURBAN and DOES XI through XX, inclusive, and each of
21 them, GMAC alleges as follows:
22 29 . GMAC realleges paragraphs 1 through 10 of its General
23 Allegations and 24 through 28 of its Third Cause of Action and
24 incorporates said allegations herein as if set forth in full .
25 :30On or about September 13 , 1979 `` GMAC' s predecessor in
26 interest'; BANCO, entered into a written contract with GREATER
• 27 SUBURBAN wherein BANCO paid to GREATER SUBURBAN a discounted
amount in full satisfaction of its rights under the Promissory
28
8
1 Note and GREATER SUBURBAN in exchange therefore, assigned the
2 beneficial interest under the Deed of Trust and the right to
3 collect on the Promissory Note to BANCO.
4 31. Inherent in said contract was an agreement that
5 neither party would act or fail to act in such a way as to
1.
6 jeopardize the ability of the other party to realize its
7 benefit under the bargain.
8 32 . Defendants, GREATER SUBURBAN and DOES XI through XX,
9 braached said contract by failing to forward the notices
1.
10 received by said Defendants from Defendant COUNTY OF CC.
11 33 . GMAC is informed and believes and thereon alleges
12 that said contract provides, that should a dispute arise under
13 the contract, the prevailing party is entitled to attorneys '
14 fees.
15 34 . As a result of the breach of the contract by GREATER
16 SUBURBAN, GMAC has been required to retain the law firm of
f
17 Shapiro & Miles to protect its interest and has and will
1s continue to incur reasonable attorneys ' fees.
19 WHEREFORE, GMAC prays for Judgment against Defendants,
20 GREATER SUBURBAN and DOES XI through XX, inclusive, and each of
21 them as hereinafter set forth.
22 V
23 FIFTH CAUSE OF ACTION
24 (Waste)
25 As -and for a Fifth Cause of Action against Defendants, LEE
26 and DOES XXI through XXX, inclusive, and each of them, GMAC
�J
27 alleges as follows:
28
9
1 35 . GMAC realleges paragraphs 1 through 10 of its General
2 Allegations and incorporates said allegations herein as if set
3 forth in full .
4 36 . Defendants; LEE and DOES XXI through XXX, and each of
5 them, as owners of the Subject Real Property at the time of
6 filing this suit, are entitled to possession thereto as against
7 GMAC.
8 37 . GMAC is informed and believes and thereon alleges
9 that after August 17, 1979 and continuing to the present,
10 Defendant LEE and DOES XXI through XXX, inclusive allowed the
11 Subject Real Property to deteriorate to, and remain in, a state
12 of despair so as to constitute waste of the Subject Real
13 Property in breach of its duty.
14 38 . GMAC is informed and believes and thereon alleges
15 that on or about February 8, 1989, Defendants, LEE and DOES XXI
16 through XXX, received written communication from COUNTY OF CC
17 that the improvements on the Subject Real Property were
18 substandard or constituted a nuisance and were in need of
19 repair, abatement or removal.
20 39 . GMAC is further informed and believes and thereon
21 alleges th-:t on or about March 8, : 1989 , Defendants, LEE and
22 DOES XXI through XXX, inclusive, and each of them, received
23 Notice of a Lien against the Subject .Real Property in favor of
24 COUNTY OF CC.
25 40.• At all times relevant hereto, Defendants LEE and DOES
26 XXI through XXX, were under a duty to refrain from committing
27 acts or allowing acts against the Subject Real Property which
28 resulted in damage to and diminution in value of the
s
10
1 beneficiary's security.
2 41. GMAC is informed and believes and thereon alleges
3 that Defendants, LEE and DOES XXI through XXX, and each of
4 them, failed to take reasonable action and wholly failed to
5 take any action to protect the security from demolition by
6 Defendant, COUNTY OF CC.
7 42 . Defendants, LEE and DOES XXI through XXX, inclusive,
8 and each of them, through their failure to act have allowed the
g Subject Real Property to waste which has resulted in
10 substantial diminution in value of the Subject Real Property.
11 43 . As a proximate result of the acts and/or failure to
12 act of Defendants, LEE and DOES XXI through XXX, GMAC has
13 suffered damage in an amount which will be proven at Trial,
14 which amount is a sum not less than $25, 000. 00.
15 44 . GMAC is informed and believes and thereon alleges
16 that the act or failure to act of Defendants, LEE and DOES XXI
17 through XXX, and each of them, were done recklessly,
18 maliciously, intentionally and oppressively, with the intent to
19 deprive GMAC of the full value of its security, and by reason
20 thereof, GMAC is entitled to punitive damages.
21 45 . Pursuant to the terms of the Promissory Note and Deed
22 of Trust, should an action be instituted to enforce the rights
23 of a party thereto, the prevailing party is entitled to
24 reasonable attorney' s fees and costs.
25
26
27
28
ll
1 46 . As a result of the breach of the contract by LEE and
2 DOES XXI through XXX, GMAC has been required to retain the law
3 firm of Shapiro & Miles to protect its interest and has and
4 will continue to incur reasonable attorneys ' fees.
5 WHEREFORE, GMAC prays for Judgment against Defendants, LEE
6 and DOES XXI through XXX, inclusive and each of them as
7 hereinafter set forth.
8 GMAC prays for Judgment against Defendants, and each of
9 them as follows:
10 ON ALL CAUSES OF ACTION
11 1. For cc..npensatory and general damages in an amount to
12 be proven at trial, which amount is a sum not less than
13 $25, 000 . 00;
14 2 • For cost of suit incurred herein;
15 3 . For such other and further relief as this Court may
16 deem just and proper.
17 ON THE FOURTH AND FIFTH CAUSE OF ACTION
18 4 .* For attorneys' fees and costs incurred herein;
19 ON THE FIFTH CAUSE OF ACTION
20 5. For exemplary and punitive damages according to
21 proof;
22 Dated: rfl , `r(n SHP.PIRO & MILES
1
23
c
24 By� 'r*.. I
'Eeslee R. Resseguie, /Esq:
25 Attorneys for Plaintiff
GMAC Mortgage Corporation
26
27
23
12
1 VERIFICATION
2
STATE OF CALIFORNIA, COUNTY OF ORANGE
3
4 I am one of the attorneys for GMAC MORTGAGE CORP. , a party
5 to this action. Such party is absent from the county aforesaid
6 where such attorneys have their office and make the
7 verification for and on behalf of that party for that reason.
8 I have read the above document and know its contents. I am
9 informed and believe and on that ground allege that the matters
10 stated in it are t;:ue.
11 Executed on November 16, 1989 at Costa Mesa, CA.
12 I declare under penalty of perjury that the above is true
13 and correct.
14
r'
15 n'SLEE Ft. RESSEGUIE, SQ.-V
16
17
1S
19 <
20
21
22
23
24
25
26
27
28
13
rw.. 1•�.w -- r.l ew-_.t t.a+- err.Caaa rW r
• ..w .M.-rt el -.r.r -wrr.A -rw.ln '
ter ..... ra 1.....1.••-.tr Me....u••, a .(t2–/:I I-Lrt_ •;.1
«.•.... ,..,tt. ,,-a w.t _ I)F IPI) (.F' 'Tkt IST N()'1'E
I�Ii'li ;'!:F'l;ItleF;t Ifl';'I:I'I: ANII I:it't+I ,I i. fits::'riti.Y
I.t1!;1'F:1' I: ('altlnrnta. /,Ur,U:;'r 17 . 19 71
1 OX s A.1 t'I RFCIAVIA)• the undersigned pt.•nu ,f%l In p.s tit1:I:1:%TER SUPURI'MJ tltrrt'i;:;t':E "h::l A::Y,
or order. at the uff.:c of ;:Ail) CURPORA1'1011
at I:. r';'rc .C alllnrnsa,or at lush other place as the holder hereof may designate
to %r-ttng•the pt-n.rral sum of mIRTY FULM 1'llOU11AIIU ;:IYFN 11UNDRID FIFTY Alli) I;0/100--------
Dollan IS *4I—Y5 1.00 I -;Ih interest from dale at the rate of -mu
per versurn ( w.on_---no) Per annum on the balance remaining from time to time unpaid.
Po,nciral and mcoe%t shall be due and payahlr in monthly installments OI)t per schedule belov xxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxr.xxxxxxxxxxxxxs0roba.rxt&xxxxxxxxxxxsl comencncint on the
fust day of ' :111;+F..R 19 79 • and un the lust day of each month thereaftet until the principal
and interrtt are fully paid• et:rpi that the final payment of principal and interest• if not sooner paid, shall be
due stood pa•aPlc on the first Jas of ^f:r':I:;I+F:1t 'lf)09 . Deferred 1ntpreSt Sllal I
be added to theprincipal balance monthly •111-1 !;11.111 increase: the I•r'incioal
haIanctr tto nt•I .iwrt, thin 5
Schedule of Payments - Plan 111
S ;til 4ts durtng the 1st note year
S Itn 1,4 during the 2nd note year
S ?t,7.d7 during the 3rd note year
1 2w, .toG during the 4th note year
S �ra._r. during the 5th nate year
S •1. 7•t dtu'ir.y the 6th nate year
and thereafter.
If default tic made to the payment of any unsrallmcnt under this note and such installment he not paid
pttor to the due date of the nest such tnstallencm. or in any of the agreements contained Ir, the Deed of
Trust eeeueung this note• the enure principal sum and accrued ontcre:t shall at once become dote and pay.
able -ithout notice at the option of the holder of chi. note. Failure to exercise such option shall not eontitute
a -.niter or the right to exercise it in the event of any luhlequcnl default.
The matcts and endnrscrs ir,crally -aite diligence, rre.cntmcnt• protest and demand, nutir: of pruuest•
dusluonor and nonpayment of Ihtt note• esprestl) agree that thus tonic, or any payment thereunder. may h
eucnded ftnm !cmc to time. and tnmeni to the acrrr ance of further security for this note, imlud;ng other
t)pes of tvcu-ol, all ulthout In any way sffccung the liability of the makers and endnners hereol. The
it`hi to plod any and all stuutet of limitations as a defense to any demand on this note, or on any guaranty
ihncnf, or to any agreement to pay the tome• or to any demand secured by the Decd of Trust, or
other seeun:t', securing this note• against mascrl, endnners, guarantors, or sureucs is expressly waived by each
and all said partici.
9c.---.! _- ....•.:.. --:: . a-y r.r Ihr tlrit.A ear.e:. If _-..^n be in!6,--,cd nn chi. tont..
iltc undersii;nrd prnmssels) to pay such sum as the Court may Its at utorney's fees. Thit note is secured by -
a Decd e•r Trust,of even date here-ith• to s;(tr':';'Fr; :;IiItURItA:J 4hllf y;AG-7 CO!-#PMJ', A CAWFO!iii1A
as Trustee•tau real estate situated in the County of CONTITIA C0:"J'A
California, and this note is to be construed according to the la-s of California.
Should this note be signed by more than one noon andinr risen and/or corporation• all of the obligations
herein contatnrd shall be eonsid:red joint and several obligations of each sitncr hereof.
CIIAIt: W. I)YKKESrT.l
' •G.O t a 0• 7 a a–lar t
h
_�.r
• Chas,M. -359713
E.,,«1... 0(.-!"-359713 I,the undersigned,hereby certify,
KIM11)IHC,RF.oUtSTT.o or that this iS a true and Correct copy
Of the original.
CR-J— ctrotf RAR .By, •/
P.U. Lbx 1 p,r.
T'laxptte_ CA 9451:9 Lo Processor
RPACT Aiovf THIS LIME FOR Rrcomor A'f uU
�r* WITH DEFERRED INTEREST AND INCRE.'.SINC MONTHLY'INSTALLMENTS**
DEED OF TRUST
With Assignment of Rents
THIS UCSD OF 1 RUST,mad.Ih.,_ 3 TTR day.1 AUGUST •1179
RrrWEEM CPAIG W. Dl'Fr+"_T_.-r=. A7 UKKURIJ MAS
mine TRUSTOR,
.nwK.dd—is 65 1,almu DRIVE PIT':SMMG CALIPOS..!A 94565
13rrrrf and w....Ar./ 101y/ 15101,/ .
GREATER SVB-=?., MR-MACE CO!,TAKY• A CA�.37 JIA RXCMORA:TO f
.a,TRl'STT:E.and
GRFATr SnURP.A11 MORTGAGE C0!•fPAL7, A CALITORNU C0FJ>Mk7I05
_. ,at BtNEI�ICIART,
41TNESSETS1• That Trurlor'ulcsoably GRANTS,TRANSFERS,and ASSIGNS to TAUSTTE IM TRUST,k1TM POWE R OF SALE.the
plop-,1r 1. C011:7RA COSTA County,Cal,forn,e,deaeribcd u:
SEE Z=IT "An AT`rA. J l —EMO A.'1')i ?LADE A PAR: h-MRt"OP
c
TOGETHER WITH the ren_,asst,, and profnta thereof,SUSJECT• MOWEVEA, to the Pint, po-a,and authority hrrewfltr p.en ro And
e..toferred spun Benefic,tly,n-onset MIS Apply such 1enh,ua,Ks,mind profits.
FOR THE PURPOSE Or SFCVRBNG P-lfor hu has of each Ap—roa of Tlualw larrc:n contained and p.ym,nl of the Aum of
1 34'750.00 with Y.Ier"I thereon according w the lama of A prom.sory hate of e.en dal:herewith,payable to Bene6cur•o1
016-1 And mad,by Tssottw.
DE L ERPAL OF INTEREST MAY INCR_ASS TFE PRINCIPAL BALANCE TO S 36,670,L3
1. Pri.ikx u icser.cd 1.pay the debt Accused hereby in.hole,r, in Aft amount equal 10 ane or•-u,e•pls.c.pAI payment,nest due ow the
note. On the roost day or any month pnas la n•tssily,psn.ided written n.oisct ai mtewbow M 10 JO is r,.ew At least Ihrlly days prior lo,
prepoymetol.
1. Trultor socel 10 pay 10 Blheroiasy In Addition to the n.onthly psymcnla Of principal and mt:1e11 payable under the terms of.std nuts.
IN,IM roto day of each month ss+lil,Chid note is fully per.the following auns;
e An Awaouwl sufficient 10 pi—stic the holder M•oeuf-Chan 1-411•,pay the total mu,lg,re ms.nanec pltm.um of this ssstromcnl Ani the nntc
rrured hereby alt insured,w a Inoslhly charge Inn Lcw Of a martgipe rnaArarit premium)d they Art held by the Secretary.Dcpassmcnl
of HOusmg and UAW Dtnkop,rKst.as lovo.s:
(l) If and w lung u said nolo 01 t.eto date And this nurumcwl arc insured wart remwred under the prO.ss.ons ur the N.1—A
Mousing Act,min mihr,unt wircKtot W Aceu_.Islc 1n the hands of th.hada sone 111 month plow lO its due date 0. •n-1
mnnp Che usw•awv pretosiu,�new aides Is prn.de such h.dder"lk funds to pay such p,emwm to the Secretary.Department of
Ilnu sing and Urba fk•tk.pnvno psauawl 1..Ike H.I.—I 11.wsing Act,a..eKndcd,ani.rpiw,lse Rerufal..na Ur.rsnJr 1.•r
fill If ChM Cho bwg a ..it snot N e's 4.14 and M.. iwO. sol ve kid by the S—clay.O-oatlnrwl of ,luso..-, a.d Whirs
D-.tlsopmanl,a n•.•hlhlr ek.,ge five IKs wf a mOrl.,c iso—roQ prema,n.l-hark shay be.n.w.m..0 wl e.n,.l o.•u,f•,--trek
(1111)nJ--chaff(117)pat aetowan..r H,e a.cesrc nul.tandmg bala,ttt d..•un Itac hulc tun.pwocil wothu.,t liking,n.0 s,l unl
del,nquenew Of prepaynrnls.
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• ^ �� • ..ate .
or
0 Awwo—h ver.of the pound sewu,raver,tad of the teats awd apaeaal atv.ta nse.s.6_4.t'w k Wevad agotart if.I anww cia—rad by
ah ha Goad O(Te41t,and m aromilmrat of an.plants--as paw.rwa Mar NII bacaeas due W pey•bM 10 laver"eM aaaarmed M the
pe—era coveredate► wastes hy et too by Ikea -M11,44-111111,44-1111we% e11,44-1111of-ay k facilitated by Ill—ftufy aan ahwrMa sed M -
0 tOpray or
ea-Panes rudscrory,to lyeala ki ire;glamor apway to dale-et proempuy to kaef6cury all bells and rotors Msrfat.$"#a nasalurhanu
60-11 be equal—Portuvaly to aer4w.U11.fill))a(1%.aaa-J ltaoad teat,If my.pas the sauraatod ptw-M-AS,pe-{w-t rot such
I...—ue. and Ia ell and•ar.a.ewu asst dor las.tumor aad by Mag Oatsry)1..,JI Nn•aamswlA already pad IMrtfot,doviclod by IM
womhit of-owtht that sea to clap-bata+a sane-oak pro,to the date tension such pewuvm as ow—viau and Isar•end raAcawrwu out
bccomr deivpoenl. akntra moy Shoji hold lady paymeata in Sorsa to pry swch pound remts.p,lasiwm or posselh.ml-std Wt.and Special
aars✓aenot lortore the same become thi q.—S'. hff
c. AU peymants enedtrooed M She two pssod-.l suOAct Yate of atlas pa,•paph snit.11 payments to be made under the rots rcured hertby
Mali ba added torah"end MI atilt Pu arnovnt Urataof nage for pud tach month fn a engage paynenl IS,b opposed by bsnefkrary go
the follow uU Items am the older Act(ollh:
(II pr.m.wm Charter similar She conu•cl of Inwrm,, wti, the Sac,.uty. Dap✓taenl of Howwl and Urban D—lopment,or
monthly drupe(in tea of tnostgxla Inculcate pee+nlvm).as the e,w may be;
(111 pound+earl,taxes,saps-)lar.on•nu,Olt and other h•aand leu.ramee permtwms;
(1111 marrsf On the nota Accused 6aaby:and
(IV) amortrutrun of She principal of-aid or,..
Any da Oeitna`r en the amount of any surf+aLlOctae on—cmr payment Neu•unit.,hard.food prior to the doe date of the Mal 14CA
pa,mrnt,eonsutuu An event of Oefaan under Shu Deed of T1wt.
). If Vs. total of the psYmewu mad.whb•:a 01 of puatta ph 2 prac.darl thatl ratted the amount of payments actually soda by flanaf)eoory
for pound/tats.Yat+or a. m-Cfafe,Of an.t+MACt premVwhal,.8 the tax mtY ba,such arcus,If She loan It current,of the option of the tivaa,
Assay be retra.rd.Applied am any Indtblcd Mee+:Cured hl'trby,at be creosoted by Otncfictcty on Subsequent payments to be made by Tnestut.it,
hotraee8.Mt monthly pap mange mads undo,101 of pualnph) puatad,nl their not bo wpictewl to par pound staff,toes and t.rsements,rad
..A.,..-pit mivma.u the Ur may be,utters it..mors.Mall became dot and payable.then Testator+hall par to litntfeciry say amount heaieu fy
to make up the deficiency on or bttare the date when paymcni or such ground artist.Sacco,rrllmrnls.or on-i"ce premiums shall be due.It at
hay, lith Trvaaot shalt undat to btrrfecmry,.w at,ordaau with peovia.ont htr,O(,full yayneest at the castle indebtedness accused hereby.
&r.c!,cury aha . in cumpvlsnl Cha foresight or indebtedhut,credit to the account of T-swof all pymenls on-site under the pto.ili°m of fill of
ps: -{.• which flit barafacury his nor ba.umg°bbftt,d to ply to flit S.ertu,r,G-t u•mrat wf Hovtimt and Urban Da+ti°pmeni,and any
.....no ..raining in alit (undo acewmwUled tarda the paont.ana of fol of parytaph 2 hued(. If theft shalt be a detwal VMS( any of the
puonuoes)of the Deed of Trv,t and thettifter t teat of flit pttnvett to s—Oldamde with the pro•isons mascot,or If the Stnsfriuy aequsrel the
pfuPe sly oMtewlr Sflu CS.N.1t. 6t,r Gviesy st-11 appi,. at the umc of Sat cummtoctmc"l of such p.oatedwla,a the rune the property Is
estht—ire acquired.Sac ba,mc, then ge—cm-tj w the luads accumulated under(61 of parsyraph 2 pecedcng,u a C,e41t/Gainst laic amount of "
pr,harpal then rcmahnmf unp.id nada aaiJ nate stiff&h&u prupetly sdlwd any parmenti which shad beef been nude under fol of patagerph 2.
A. In the event that any payment at porion the#"(is nor Paso within fi(t.en(t S)days from Litt date the tune it our.TrulrW agrees to par
i"late chute"of(our cenlo teff two each doWt to ovatdut.if Ch✓fa by Bent Gcr✓y.
To Proaact the 1.4w,iry of This Dad of Town.Tf av Ale...:
J. To pt°lcef and prestr•e rid propeny and to muntsrn it set 14. Should Trustor fail to male any payment of to do any act as
good eondhuon and tcpxw herein ptoecded.Sun Iltrrlr•afy a Toilette.but without obleriliorn w
6 Not to remove Of demolish any budding or improvement fes do and withovt notice la or demand upon Truncal and wslhout
cMreon. tate,sent Tauttof from ray abi,,ofien here*[.may: Hake --da the
Sane in time Runner and to such eaten[&a either may dura .cccst&ry
T. Tt :umplatc of ieti-c pimp Uy and sit food and workmanlike to ptottao stat tteurely hticut.&efeGtiaty to Trutt"bring avlhorsted
manner Any low Shcnt or improvement which may be construered, to enter-pan the property fa Such pwsp0seo;commence.opotat in and
damafod.at lc,tloyed thticon, and ray when sur all cotta mculr,d Q,-fCad car &.from of proceeding pvtportmj to affect the Security
Ihesefor, sad. if the loan sccuitfl heocby or any put thereof Is bcutf Aced( at....lights or povetre of l entbeiary or Trustee;pay•purchase,
ubt.vcrd our tl..•purport c.(Gnanchng.ontttwctoa O(tmprvvcmemta On cunleli,tar c impio arm any racvmbranrt,charge or Ian which an favor
and pfopwrty.Ttvstar funher•Vele. yudgemeni of other appeals to be prior of supesivr factorials. and in 1
a. t°CJ,MMnet construction ptompUy en.!in Amy event within fuerateng any such powers. incur any liability. Selland whesrve:
JO days from the Cato of the commitment of the Depanment smawnlf in its absolute discretion it may deem neeessuy there(tir, t
tat His un.g and Urban Dectiapment,and compacts,state in Including cost of melange of title. employ counsel, and pay hot
aecoldanee with plant and ,ptaftcaaiom uusf•ctary to feasonablr feet.
Eentticsuy. 15 To pay immtduttly and without demand all sums expended
0 to allow Saneftua:) to incl toad pfopert)at all times during hcreundel by Itencfieiary of T.wslce, with intVc" from date Of
Construction• ecpendituic or the rats provided am the principal debt, and •Cc
rtpaymcett thereof shall be filled hereby.
f. to replace lay wart ver ns u:uas 4hSa utfarsor)to 8emfict.ry.
"then fifteen (IS) calendar days fact woollen notice from 16. Trustor ague to do all SCCA And make JI; •men.sequtred
1kneteiuy of Such fast.which artifact may be p,.en t0 flit of Testator and of last Owner of the property to make laid note ondthis
1 ruslof by figrtacied mail•sent to his List known address,we Lived rbloble No ns.,,,wc bl &nelwtSry undo the gatwsu—S ul it.,
by personal semet of Inc ramie National Houtmf AO and,mtnamea s thereto,and ipcet not to 1
lir .wee u. Soifer to be June.✓say eel wharh all...4 such Sn adra....•
it That work SnaU not cea+e on the conittucteon u( such Qwrint list c,iatc."of rh,-'-,it
impro•cmenu lot Any season whrta,w•ea for I pesswd tat
Wieser 113)t+kn4o days. IT IS MUTUALLY AGAEEL T.fAT:
11. Chatild the proper - any pall thcreuf be Uken or Jino fed
The Trustee, upon prermm.or to it of at, aft.4-tt Signed by IS teawn at any public imp .c_nitist of cundcr,m&tion protaadmg.ail
6cncflciA:Y,Setting forth fact,snowint t default fey Tt-ttot-adit fast E.mapcd say fire. .# urthquskr .m m any wines manner, beneficiary
numbered patipssh,is Auth0naed to snips a.ttic And conclusive All "U be eatrtkd Is.JI eompansation•awards, and other P.•menu tar
facts and ttsicnheats thatcia.anJ to act factors.hettvnder. relief thesefuc,and Itull be ratified at its npfrun to egmmentt.aprear
I. Not to comma wt peon.,-else of Said probesty, on and rluv me in u,own rams,my -Colon or pt—Selling, or 1.
9. To comply with sat' Iowa•ordtmance., rel;—Boas,cortnanla, 'a•kt any mrsamrr or etitcrnent.n cvnnccr.un.ate such taken,it
torsdstion,,and ectuuttoas a!tretant Sid pr0padr- dameft AruU such eomp,Nstn.n..-aid,.dsm.aam r,,his of actnan and
prnaadi. Including the prut•trdt of any policies of file •nal other
10 To cultivate• un ae, fen J.re, fumiV tt, Drune• And du JIna-Rn,C aticctmG wit po cru!.sic hereby ass,Gred so Behefs . , h
wLhtl scat which from the h—ctt, urd use of Said property may be who ma. atter deducting thf.effmn all Vy rtpenses, including r.1.
roa,tin.bie proper at ncsua.iy, the npeclil, enumct.uom Stettin nor mey'a fees,release Sny money,tat recoved by it of tr Pli flit%I-As
r a.Iuwnf the-.metal any ,niacorearwit +cured fscteby Trustaa agrees to eaYeute a-m..
further ✓signment$of any wm(ta•martin,aw.rd,d,magc.and npla•u!
11. To psuvids ad mamum anwrmce ata+list Mse by Lit and an,wn and IsSuet,dl as Bent Gesso a Trustee mss try-sir.
other hatade, Caw Jtres, and auntanyentlts Vhd4dutf war damage At
they be scqur,eJ Lum Its., to tone by t1.c Dc.e6CYaty m l-,h intOonts !A fly tcrTrt.nt paythc•nt vt Aft a-m tee-cd L.icbr attv s'•.
and (Of suci pcnoJh as may be fcq• 1rJ by Shc 6cnr Gouty•nth lou flair. benrfcwy dots not --sett rte right earlier to rcuuu, Pf
St..vital t.101 to facn<Lcusy and to Ms.,. all poixr,to little Ga.,), pa•m, it when doe or all,thaf Sum%so secured we t..Oc,lite ffctr.lt I. c
watch deal.." sh.11 eontrnvit an u..pnmfnt to Beaefs,tary of LU Iailv.t s..to Pay.
'0lien Palms."
Its $huvfo pnwca-dsnp be usanwird to epsart m0 of •tad
12. Te appear m snd defend any action ver pt•aoftdhnl purporting poured) under say L.nd Thit, Law,Trust.,.,It pay upon Jen.- 1•
w affect the security hereof of alit 1sj6his at powers of beneficiary as sum,tolwmesed by Ttutict at Sencreiary.Including anoencl's) cs .
Tsu.sse,.lid wowed Btnt Oeiarr of Trustee eager to Alto appear n as (of th with deliver to 6enefsCs•ry all evidence o1 title.
defend SAY Such action or proectding.to pay all cost and e.(.enesa,
20 At any time and Gum font to time upon canteen egvta til
rrocluding cost 0r oetdenu of tide and antesoncy's lets N a.ee roasbit gatneticlsfy,pat memo or its feet and prattmtas Wh 04 tial Draft and the
sum Inc-reed by 6entficury or Trust.,
more /pa endorrm,nl lin aur of full sac unvaysncS,for uncelatrow and
12. To par a ka,a to cloy,before dei4agvt.sCy all eso.me nu retention). without Affecting the liability of any person rot the
upon seaur eompmf stoat,and LU rent'.aaau•erragl Amid Charles rot payment of the Indebsedreas.Trutt"wary for/coastal to the maksng of
ensu,appurtenant ao or used in eonlaectson with Kit Ptoptrtf'10 pay. my wap of plot of mid p rapatty:Cbl)of%in Vml)ng my earmtns or
-tiro dux, all encwmbrvnoga, crurpcs rad Item with Interest,on std sreutsot air 8-1001con thtrron;it/lot.In any swbordvtatlon os.Mel
P$Opefly or any part there.(,which or aver tuns appsaar to be prior a &,cement afleatMrt uv.Dred a the bon of ehudt thfieof,tool McOn•
w psrtgt Russo;10 Per aL cons,kis,sad gortm Aca of this Trual. ver.wnihoul wtarsnly,.11.01 any put 601 the Property.
--------------
The
-------The O•wtet sit any ,.conveyan, may be dasenbad as the•'pe,sow M lewtof,ahau rat Wd properly at the 11—ad plem(lased by It I.read
perwne le Y anti ad N<reto and Lh re clue lheres-of any msilera w011m O(ask,either as a weak ol W aepuasa puuU,and N such 014.1
is,tKts shall be cuaclus-c pr,Mf of Iha uwthftiner thereof.Trwtec*s as 11 may determarue (but subject to My statutory fight Of T1r•laf to
fees fue any of N.wt-ce,mentioned us that par seraph Nat.be 15. direct the older s-which such property.If eons+stang of seal it""
11. T,-.- Araby .bLalutdy —sign- 1e MKfrcr ry d,.rNg IA. leu or Walls.NaB be told).at pubic a,reuon to the hlptesl bidder for
conimuama of them irur-s W rants,-suer,loyalties,and plants of Us. uN N lawful money or IM United Sasser, payab4 al tuna of Left.
properp •Reefed by this fe.d and of any person.)property loealyd Trustee mey portporse We of An Of tety po(uon of said Property by .
thereon.Uw1J Teu.so, h U default To the payor At d any indebted.— albite announmrtsael as the film and plan or sere,and from tune Its
ao,weed hsr.by or in the pe,fo,tnenm of any agreehent hu.rndu. Ione thseea(l.r Amy postpone the ask by public snnounumanl at the
iruswc shall have Ins Itgbt to tOWCt 611 Inch rents,-.11.ray Jlrl, 1":na.d by the preen Aing postponement.Truster ahaB deliver to the
••,d pmf is earned pito,to JcfnJt as they become deo and payable save purchaser Its Deed cunveytn( the property La Laid. but without any
and uuptmg rents,issues to)Jn.s.and proms anon{or uavuu+g by covenant or weranly,tapfeu or Implied.The ieeiub to the Deal of
ruaun of any oJ.gat,or msne,J lease of wd property.If Trustor shall any mature a facto NaU be rowcluaiva proof of Na truthfulness
default As aforesud Tsustul"a ,q1-1 to:oUcst tats) such moneys .hall thereof. Any parson,ineuding Lusior.Tna:rr,or Bentfkiary,may
mese •nJ B<ncheury sndl haat in,right.wrtheut Lakin)posrason of pu,ehase at the self. Trull., 11sa11 apply the pro.ecda of rte to
the p,openy effected hereb,,to voltect all rents,roya)tsn,-vee.,and payment of 111 the expanses of such sale•together with flit 1uaaoable
p,orim FaJwl, or ducontin..." of B.neficary.1 any Itnr,or from eapenaes of Intl Tlwsl,including lh.rrin Trustees fees in the following e
Lame to time to collect ant such money,Shall nut in any manner affect amount.bard upon the amount teewred hereby and remaining unpaid:
the subsequent m color"mem by Benerieuof the fight.power, and there6 7/)peraewl on the first 11.000 Ihertof,2 pe1een1 on the weal 17,000
suthotity to collect the stmt. Nothing eantuincd herein, not the cvuA I and 1 1/7 peeler-1 nc en balance thereof.Laid sum to include
e xa rase of the rtphl by b hoary to collect.J,W be.01 be construed counsel !ns If my are wish
17)noel of any sump.nee of Usk
to be. an affimatiun by Benefietuy of any leruR4,lease of option, procured in connection wish catch W.and revenue sumps on Tewtsa't
nor ase au:rttption of liability under•not a subordination a(the len of U ad;(7)all toms eapendrd uncles the terms the,caf.not than Iepald,
charge of tau Deed to any tenancy,lease,at option. —in accrued interest at the sets prondcd on the prinapei debt;(4)aL
other sums Ill.- secured herby; and (3)remainder, If any, to the
27. Upon any default b) Trustor herewndet,B.ndnary may ase person ase persona legally entitled therslo.
any time %ithou:notice.coiner in person,by ap<nl,or by a fecetver to 76. Bcneficiuy may from time to time subetitust a sucroswl of
be appointed by a court•and without regard to the adequacy of any
s my for the indebtedness hereby secured, enter upon and take successors to any Trunw named herein or acting hereunder to execute
possession of wd propert) or any put thereof,in its awes name sue for this Trust. Upon such appointment,and without eonvtymce to the
or otherwise eullea wd rents•wastes.and profits.Ncludir.1 those pail succn.oa cruise.,the letter ,haat be vetted -fill All fill,,peruets,and
due and unpud, and appl; the rem<, leu costs and .ap<nrs of duties emnfested upon any Trustee herein named or acting hefewdu. 'l
operation and eolleerson,including—ionable attorney's fen•upon any Each well arpointmrnl and substitution Nall br made by written
indebtedness vcuted herrby, and in such o(d.:, as Beneficiary may in""ATcnf executed b) Bcnc(selary,containing reference to this Deed
determine. and els place of record, which, wmcn reeolded in the offsm of the
County Ne vrdet of the county or counties in which the property Is
22. The entering upon and lakinj possession of Lad property,the situated, shall be eonelusist proof of propel app,nntrr.enl of the
eoUauon of such tents.ivac.•file proem,or the piomrds of rite and tucecswl trust".
other intuimcir policies.or compensation or award,for any taking at
dammie of the prop fly, and the application or release thereof a 17. The pleading of any ftituic of limitations as a defense to any
afoleuld. Nall not cute or waive any default of notice of default and all obligations secured by this Deed is hereby waived to the full
hereunder at invalidate any act done pursuant to such notice. talent ptrmistible by law.
24. Upon default by Trustor in payment of any indrbeedneaa 76. Any Truster who Is a r.lrTrtrd woman hereby expressly alien
secured hereby or in peffurmsnce of any agt•retruent Ic1cwnder, of that recourse may be had against her separate property,but without
Mould this Deed and Said nut<not b:clipble for insurance under the hereby creating a present or any lien of chars. thereon, for any
Na Donal HOuung Asst w1thUs 6 months from the date hereof(.hash ddiccnq after We of the property Aueunde(.
tulr:menl of any officet of the Department of Housing and Uiban 29. This Deed shall Inure to and bind the helm,krAices,devu.ef.
Development or au Nonicd agent of the Seeratuy, Department of administrator.eaceutnre,suceeuors, and assigns of the putits hereto.
Housing and Urbuh Development dated subwqu t to 6 months'time All obligations of Tiustot hereunder ate Joint and several. The teem
!lona the date of Ibis Deed,declining to insult said note and this Deed, -Acnefietary-NaU mean the owmu and holder.IndudNg pledgees,of
being deemed eonclusi.< proof of such ineligibility), or should the the note wcu,eJ hereby.whether or out name)as 11—rici+ry hcasin. _
eomstslment of the Dcputmcnl of Housing and Urban Development to 20. Truism accepts this Trust when this Decd,duly neeuted and
insure this loan ¢sae to b< N full form and effect for any ru.on acknowledged,is made a public record as provided by law.Trustee is
whauoevu. Binefeury may decWe aL sums se;umd hereby irhmed" not obligated to notify any party hereto of pending Sale undtr any
alely due and payable by delivery to Trustee of written decimation ssr other Dud of Trust or of any action or proceeding in which Tewtoc,
default a i• demand fur ale.and of written notice of default and of Stne Geiuy.or Tlustoe Nall be a putt',units.brought by Trustee.
elecuon to cause the property to be duly Ned for record.Beneflawy
sha:l also depos,i wit.-. Trustee this Dad,the note and a documents 71. Trustor herein agrees to pay to Scneneialy or to the
evidencing eapenditu,ct mcwcd hereby• suthorited loan revinng Ieptesenutive of the Beneficiary a charge not
to m
earned SI5.00 for providing a ttat< cnt reprding the obligation
75. After the lapse of such time as may than be required by law secured by this deed of trust as provided by Section 7934,Ansel. 7,.
following the tecordsuon of laid notice of default,and notlm of talc Chaplet 7,Tide 14,hit 4.Division 7 of the Civil Code of the Slate of
having laeen given as Nen lequired by law.Tiu+ce:,without demand on Callfeenla.
27. Thu Deed Nall be construed according to the laws of the State of CauforrW.
77. The Unecruy+e: Trustor :aqucsts that a copy of any notice of default ad of cry notice of ale hereunder be mailed to him of the
address hencinbcfore set forth.
c
Sfgsvtw e,of Milo,
c.o are.e.T ,
; Y Orl'ICAL SEAL CFJ I W. D 6MMS-My
6A;EARA M. LA CAV.\
C3w1e1 COSTA eau-TY
`+a
(,prat br:.7{,1711
�222Fr' 1.2 222.
(Copytee.sill—PPI Inde-as Trvt D.vad•rd Ar,a..,nemt of Agnea
STATE OF CALIFORNIA, 11
COUNTY OF t P.r`r• r:
n
/)OcIf. '<' y`of rk A 1n' ,19�� be(me we,
r�r /� t �A lJ ,A Notary►ubUc N ted for Wd Cowly•perwnJly app"nd
Ct n lA .� / ✓ G il�la
T
known to or to bt the person whom nuns � � aubacrlbed N instrument,and ads howled gcd that C
executed the isms.
WITNESS my hand and officW seal, t
INOTAR)ALSEALI
hoary Ar&ole M.sol foe ltd Carvery enC Sr.1r.
.. -- --_. ��._.._. .
REOUELTFOR FULL RECONVEYANCE
Do ere r—d.To L.—W«dr-I—n.ee her boon p.M
TO: TRUSTEE.
The undersigned is the kA owner and holder of the note and all other indebtedness secured by the within Deed of Troat.Said note,lugether
with all other indebtedness secured by ul1 Dead of Trust,los been fully paid and testified:and yctt are heteby r.qucied and directed,on
payrnent to you of any rims owing to you under the tern of said Deed of Trurl,so cancel said sole sW"menisoned,and all other evidences of
Indebicdneu mcuted by uid Deed of Trust dcliveted to you hsrewsth,lo/ether with the sand Deed of Trust,and to reconwy,without warranty,to
the parties desiptatcd by the terms of avid Dead of Trust.all the estate now held by you theseundar.
Diad 19
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` 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 3, 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: $1,121,171.00 Section 913 and 915.4. Please note all "WarniU%unty Counsel
CLAIMANT: DILLION, Richard
MAR%-2 190
ATTORNEY: Rand L. Stephens - St
,4553
at Law Date received �� ll�e CCA .( •3.3
ADDRESS: 1407 "A" Street, Suite D BY DELIVERY TO CLERK ON March 2, 1990
Antioch, CA 94509 Cert. #P105 122 790
BY MAIL POSTMARKED: March 1, 1990
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim,
DATED: March 2, 1990 BYpH IL BATCHELOR, Clerk
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: 3 BY: / Deputy County Counsel
1II. 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 ER: By unanimous vote of the Superviscrs 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 3 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: APR 4 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
• r
i
!I
I
I
i ;I RAND L. STEPHENS
'i attorney at Law _
1407 "A" Street , Suite D RECEIVED
Antioch , CA 94509
RECEIVED
( 415) 757-0771
MAR 2 1990
a Attorney for Claimant
PH!L BATCHELOR
CLERK BOARD OF SUPERVISORS
C STA CO.
- I
i
� I
i
I
I
.3
I
i
9
10 i RICHARD DILLION, NO.
11 JI Claimant , CLAIM FOR PERSONAL
INJURIES
R 12 vs , (Section 910 , Government
Code)
13 STATE OF CALIFORNIA; DELTA
DIABLO SANITATION DISTRICT/
14 CONTRA COSTA COUNTY SANITATION
DISTRICT NO. 7-A and CONTRA
15 COSTA COUNTY,
16 Respondents .
*. g 17Mm /
I
y 18 TO THE STATE BOARD OF CONTROL/CONTRA COSTA COUNTY
SUPERVISORS/BOARD OF DIRECTORS FOR DELTA DIABLO SANITATION
C
s 19 DISTRICT AND CONTRA COSTA COUNTY SANITATION DISTRICT NO. 7-A
20 YOU ARE HEREBY NOTIFIED THAT RICHARD DILLION, whose address
V
V
ti
21 is c/o LAW OFFICES OF RAND L. STEPHENS, 1407 "A" Street, Suite D,
22 Antioch , California , 94509 , claims damages from: THE STATE BOARD
23 OF CONTROL, CONTRA COSTA COUNTY, and DELTA DIABLO SANITATION
24 DISTRICT/CONTRA COSTA COUNTY SANITATION DISTRICT NO. 7-A, in the
25 amount , computed as of the date of presentation of this claim of
26 $1 ,027 , 503 .
I
1 ; This claim is based n personal injuries sustained by
i
claimant on or about November 21 , 1989 , at Delta Diablo
3 I Sanitation District Office and Treatment Plant , 2500 Pittsburg-
4 �I Antioch Highway , Antioch, California , 94509 , under the following i
5 circumstances :
I
6 I Respondents , and each of them, caused claimant intentional i
7 1 emotional distress by firing claimant without just cause and
8 'I without evaluating claimants defenses to the allegations made II
9 I against him. Further claimants termination. was outrageous and f
10 had a severe and traumatic effect on claimant ' s emotional state
11 as a result of respondents ' arbitrary and capricious termination .
-3 12 The Board of Directors terminated claimant ' s employment in
13 violation of Public Policy because claimant brought to the
x. 14 Board' s attention indiscretions of claimant ' s Supervisor , RON
IX 15 TSUGITA, including conflicts of interest and examples of similar
16 conduct similar to claimants , which conduct resulted in
17 claimant ' s termination.
3 o 18 Respondent ' s , and each of them, breached the implied
3 19 covenant of good faith and fair dealing and claimant ' s employment
120 contract with Delta Diablo Sanitation District by not following
21 respondents ' own personnel policies regarding termination of
22 employment , by engaging in an arbitrary and capricious
23 termination of claimant ' s employment , by terminating claimant ' s
24 employment without just cause and thereby excessively
25 disciplining claimant , by terminating claimant ' s employment for
26 merely following his Supervisor ' s instructions , for refusing to
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This claim is based on personal injuries sustained by
claimant on or about November 21 , 1989 , at Delta Diablo
it i
3 I. Sanitation District Office and Treatment Plant , 2500 Pittsburg-
Antioch Highway, Antioch, California , 94509 , under the following
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circumstances : i
6 Respondents , and each of them, caused claimant intentional
7 I emotional distress by firing claimant without just cause and
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8 i without evaluating claimants defenses to the allegations made
9 I against him. Further claimants termination was outrageous and
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10 had a severe and traumatic effect on claimant ' s emotional state
11 as a result of respondents ' arbitrary and capricious termination .
12 The Board of Directors terminated claimant ' s employment in
13 violation of Public Policy because claimant brought to the
14 Board ' s attention indiscretions of claimant ' s Supervisor , RON
r
15 TSUGITA, including conflicts of interest and examples of similar
16 conduct similar to claimants , which conduct resulted in
17 claimant ' s termination .
.s
y18 Respondent ' s , and each of them, breached the implied
3
LT
`� 19 covenant of good faith and fair dealing and claimant ' s employment
`y 20 contract with Delta Diablo Sanitation District by not following
W
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21 respondents ' own personnel policies regarding termination of
22 employment , by engaging in an arbitrary and capricious
Z
23 termination of claimant ' s employment , by terminating claimant ' s
24 employment without just cause and thereby excessively
25 disciplining claimant , by terminating claimant ' s employment for
26 merely following his Supervisor ' s instructions , for refusing to
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1 investigate and consider claimant ' s allegation and defenses to i
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2 DELTA DIABLO SANITATION DISTRICT ' S allegations , and for not
3 I dealing fairly with claimant . .
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4 Respondents , and each of them, committed a breach of the
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employment by terminating claimant' s implied j
5 employment contract without just "cause . Said contract was
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implied by employer ' s written policies and by precedent of
8 treatment of the employees in the past .
9 The names of the employees causing claimants injuries under
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10 the described circumstances are NANCY PARENT, RON TSUGITA, DANIEL
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11 CLINTON, JOEL KELLER and TOM TORLAKSON.
8 12 The injuries sustained by the claimant , as far as are known
13 at this date, consists of general damages for emotional distress
14 and for loss of income and benefits for .employment .
0
15 The amount claimed , as of the date of presentation of this
N
$ 16 claim is computed as follows :
K17 1 . Loss of earnings to date $ 32 , 883 . 00
ao
18 2 . Health Insurance Premiums 4 ,668 .00
s 19 3 . Job search fees 500 . 00
20 4 . Emotional distress 30 ,000 .00
`Y
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21 5 . Attorney' s fees 4 ,500 .00
22 TOTAL DAMAGES ACCRUED TO DATE $ 72 ,551 . 00
e�
23 Estimated prospective damages as far as known :
.24 1 . Future loss earnings $ 994 , 620 . 00
25 2 . Future medical and hospital care 51 , 000 . 00
26 3 . Future costs to obtain employment 3 ,000 . 00
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1 ESTIMATED PROSPECTIVE DAMAGES $1 , 348 , 620 . 00
TOTAL AMOUNT CLAIMED AS OF DATE OF PRESENTATION OF CLAIM
$1 , 121 , 171 . 00
4 i All notices or other communications in regards to this claim
5 should be sent to the claimant at :
6 + LAW OFFICES OF RAND L. STEPHENS
1407 "A" Street , Suite D
7 Antioch, CA 94509
g Effective March 5 , 1990 :
9 511 West Third Street
Antioch, CA 94509
10
Dated : LAW OFFICES OF RAND L. STEPHENS
11
12
RAND L. STEPHENS , Attorney for
13 Claimant
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PROOF OF SERVICE BY CERTIFIED MAIL
I declare that :
3 1 1 am employed in the County of Contra Costa , California . I
4 i am over the age of eighteen years and not a party to the within
5 entitled cause. My business address is 1407 "A" Street , Suite
6 D, Antioch, California .
On March 1 , 1990 , 1 served a copy of :
CLAIM FOR PERSONAL INJURIES (Section 910 , Government Code)
9 on the parties in said cause, by placing a true copy thereof
10 enclosed in a sealed envelope by certified mail with the postage
11 thereon fully prepaid, in the United States mail at Antioch ,
12 California , addressed as follows :
13
State Board of Control Contra Costa County Supervisor
926 J Street, Suite 300 651 Pine Street
14 Sacramento, CA 95814 Martinez, CA 94553
1.0*415 Board of Directors for Delta Diablo Sanitation District
Z! N and Contra Costa County Sanitation District No. 7-A
ta
14t 16 BY PERSONAL SERVICE
17 1 declare under penalty
of perjury that the foregoing is
18 true and correct and that this declaration was executed at
19 Antioch, California , on March 1 , 1990.
20
21
22 PENNY CARTER
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26
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'I (
1 ( RAND L . STEPHENS
k Attorney at Law i
1� 1407 "A" Street , Suite D F
IAntioca , CA 94509
3 {415) 757-0771
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4 �� Attorney for Claimant �
11 �
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6 �
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7 I
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8
9 I
10 RICHARD DILLION, NO.
11 Claimant, PROOF OF SERVICE BY
12 vs . HAND DELIVERY
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13 STATE OF CALIFORNIA; DELTA
DIABLO SANITATION DISTRICT/
14 CONTRA COSTA COUNTY SANITATION
o DISTRICT NO. 7-A and CONTRA
15 COSTA COUNTY,
16 Respondents .
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PROOF OF SERVICE BY HAND DELIVERY
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a- I , ALBERT AMBRIZ , declare under penalty of perjury that
the-- fo1 owi.ng__:f:acts are true and correct:
5 !I I am a citizen. of the United States , over the age of 18 !
6 years and not a party to the above action . I am employed in the
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7 County of Contra Costa , and my business address is 1407 "A"
8 'I Street , Suite D, Antioch , California .
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9 ;I I
I caused to be served by hand the following :
10 i CLAIM FOR PERSONAL INJURIES (Section 910 , Government Code)
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11
I enclosed a true copy of said document in an envelope
12 i addressed as follows :
13 ! At the office of :
BOARD OF DIRECTORS FOR DELTA DIABLO SANITATION DISTRICT
14 i CONTRA COSTA COUNTY SANITATION DISTRICT NO. 7-A
2500 Pittsburg - Antioch Highway
15Antioch, CA 94509
16 I sealed said envelope and caused it to be served by hand
oa o 17 ;I delivery on March 1 , 1990 with said documents enclosed therein,
a i8 i in the City of Antioch, County of Contra Costa , California .
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19 I Executed on March 1 , 1990 , at Antioch, California .
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