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Home My WebLink AboutMINUTES - 05151990 - 1.19 r _ _ DEAN BRANDT OWNER 4 y BRAS IT Co)iVSTRUCTI,0,T i GENERAL CONTRACTOR LIC. *549063 I ' (415) 754-0592I _ r 2201 WASHINGTON WAY i ANTIOCH, CA 94509 -� 036252 CUSTOMER'S ORDER NO. DEPARTMENT DATE (3�0 N ME _- 1 ADDRESS CIT ,ST TE,ZIP SOLDaBY CASH C O:D CHARGE QN ACT.' MDSE - RETD rQUANg ' 1 2 3 4 SInvs 6 �( 61562, `-I5 'Ra 7 - 9 10 11 i } 12 i 13 - 14 15 16 17 18 q 19 f 20 } RE;CEIUED BY s 1 KEEP THIS SLIP FOR REF NCE DC 5805 \ - i CLAIM; ) 4� 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 MAY. 15P 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 TV below), given pursuant to Government Code Amount: $1 , S00 , 000 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: BLUME , Derek, Carolyn and Daniel ATTORNEY: Kenneth J . 'Harrington 0:'Brien and Harrington , Date received ADDRESS: 465 California St. , Ste . 400 BY DELIVERY.TO CLERK ON April` 12 , 1990 San Francisco , CA 94104- 1886 April BY MAIL POSTMARKED: p 1 11, 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel unsel Attached is a copy of the above-noted claim. APR, 1 1990 J�IL gATCHELOR, Cler DATED: April 13, 1990 . Deputy x14553 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: tin Dated: 0 BY: P)_ y �> �� 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. n Dated: MAY 15 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: MAY 16 1990 BY: PHIL BATCHELOR by Deputy Clerk ` CC: County Counsel County Administrator LAW OFFICES KENNETH J. HARRINGTON O'BRIEN .SND HARRINGTON WILLIAM K. O'BRIEW A PARTNERSHIP INCLUDING *A PROFESSIONAL CORPORATION A PROFESSIONAL CORPORATION 465 CALIFORNIA STREET DAVID A. CALDWELL SUITE 400 SAN FRANCISCO,CALIFORNIA OF COIIN5EL 94104-1886 JOHN L. BURTON GARRETT McDONALD April 10, 1990 1-(415) 434-4540 GERALD D. CONNOR ( 15) 434-0600 RECEIIJED Clerk, Board of Supervisors APR 12 1990 County of Contra Costa ',';:L BAT,0<1-0.7 651 Pine Street Rm. 106 CLERY EOARD OF SUPE?va= s Martinez, California 94553 co".. STA c0. Re: Blume V. County of Contra Costa, et al >r`2134 Dear Sir or Madam: Enclosed please find original and three copies of Notice of Claim Against Public Entity on behalf of our clients, Derek Blume, Carolyn Blume and Daniel Blume. Will you please file this claim and return an acknowledged copy of the claim for our records. We enclose envelope for your convenience in mailing. Thank you for your prompt attention. Very truly yours, KENNETH J. RRINGTON 10. KJH/lo Encl. NOTICE.'OF CLAIM•AGAINST' A PUBLIC .E PURSUANT'TO' THE' GOVERNMENT COD OF THE STATE OF CALIFORNIA .: , .. RECEIVED, TO Clerk; Board 'of Supervisors , County;'of .Contra. .Costa . AP G`'.1990 65.1 Pine` Street' ,.Rm.`',106 PN,C9ATCHELOP Martinez,' California. 9.4553 ' CLERK 30AR"oosT�co�o�s o DOE= CLAIMANTS', NAME 'Derek Blume,, Carolyn B1ume 'and.�Da Blume- ... . . . - . . . CLAIMANTS' ADDRESS:. ,.67.0 •Fairmount `Avenue,' Oakland; ;:CA '94611• : : ADDRESSES' TO.WHICH, O`!.Brien and Harrington} NOTICES. TO .BE SENT*. 465, .California Street, Suite- 400 . San DATE- _.California -94104 DATE- OF'.:INCIDENT: November: ll; 1989. •' LOCATION OF. THE INCIDENT: Arlington' Boulevard near, its intersection with Brewster Drive..` .CITY. El ,Cerrito COUNTY: Contra Costa HOW DID. THE "INCIDENT OCCUR ` ,. Derek Blume, ' the son of claimants Carolyn �_Blume � hd Daniel Blume, was` riding. as c passenger in a southbound vehicle on ' Arlington . .Boulevard ..when said vehicle" collided with' & curb„and a-fence' while the operator of the vehicle was An the process' of making ,a turning :maneuver to :_the left. The. .location in question was a dangerous"and"defective condition: 'at tYie' time:. of, the: 'sub�eet,� ciccident' in the 'fo:ilowing respects, among .oth"ers: The area in -question was .improperlysigried acid/or marked; the: roadway was . improperly aligned for the .curve involved;; ,the„centerline :ofthe roadway ;was ,inadequately marked, ..the:-,,'roadway ;po, the .west, was improper.•ly�" guarded w th.,an h inadequate wooden structure," the the :Lighting ,in the ; f area was inadequate; the. a'llowable speeds were too high for conditions; <the' southbound =lane did-.not have, a proper lane" designaton. to the west, there was an .insufficient. slamount.of sight'distance. for _the allowable speeds. These conditions were violative* of good- engineering, practice ` and the, location was not signed"so as to',warn-tiaf f ic: :of the .hazards .that: would 'be. experienced.: The County. of .Coiitra `Costa riegligeritly_ created and/'or, negligently maintained the area:-dn.-question.with-`the. 'result that at the time of the subject accident; 'the area in, question -was :in,=a dangerous., and. ,defective' condition. '.'The. County of.,Contra .Costa had both actual and constructive notice of the':dangerous and defective .,nature of the ; area in question. Furthermore, the County of Contra Costa.'had such constructive and' actual.-.notice'. for a, signifigant{•period of -time- prior' to the =subject accident such that ,remedial~. action. could have easily been taken if due',care had been exercised.. -The, accident in questi,oh� and 'the injuries and damages resulting: therefrom' were. caused by the dangerous and defective ' conditions, mentioned herein x , DESCRIBE INJURY OR 'DAMAGE Derek ""Blume..=sustained serious and permanently 'disabl ng .personal• injuries to his .head' back, upper extremities and other, parts of his body. .Claimants, -Daniel B ume' and 16a`rolyn`Blume,, Piave, been damaged to the ektent that they are:required to provide foi� the care, treatment 'and.:well being of claimant., Derek Blume. ITEMIZATION., OF CLAIM Mage. ;:Loss - Unknown Loss;.. of ,earning -capacity Unknown . Medical..expenses to. date —Unknown Future medical expenses - Unknown General Damages - $111500,000. 00 ,DATED`: Apr.i"1. .9, 1990. O!'BR ,. IEN AND.;HARRINGTON •• By � - KENNETH JHARRINGT Attorney for Clai a nts z 9 NM O 40 M n � rx a � 71 r; .t o y (� OD a Sr a� C7 0 Ln 0 t-I c+ ~ � �. +d It N tD O�UPJ � m � � � m gyro (t Ln oro ft W rm r ? IG dt g m g - { 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 MAY 1 S , 1990 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of . California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ADAMI , Gabriel F . ATTORNEY: John J. Cullen Cullen & Wood Date received ADDRESS: 2003 - 16th Street BY DELIVERY TO CLERK ON April 13 , 1990 (hand deIivd-.) San Francisco , CA 94103 BY MAIL POSTMARKED: County Counsel 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. A R`1 3 1990 April 13 1990 PpHHIL BATCHELOR, Clerk Martinez, CA ?,4553 DATED: p 8Y: Deputy II. FROM: County Counsel TO: Clerk of the Board of Su isors � ) 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: 10, r BY: ►J �. / J Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDS . By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAY 15 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: MAY 16 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM AGAINST THE COUNTY OF CONTRA COSTA (Government Code Section 910-11.02 ) Claimant' s Name GABRIEL F. ADAMI Address: 1271 Brookside Drive, Danville, California Telephone: 837-3307 Address To Which Notices are to be sent: LAW OFFICES OF CULLEN & WOOD c/o John J. Cullen 2003 - 16th Street San Francisco, CA 94103 Telephone No. ( 415) 621-3771 Date of Occurrence: October 14, 1989 Time of Occurrence: 7 : 00 A.M. Location of Occurrence: At the premises of 1271 Brookside Drive, Danville, California DESCRIPTION OF OCCURRENCE Officer James Lambert, a member of the Danville Police Department, while on duty, wrongfully and unlawfully trespassed upon the premises of the claimant, Gabriel F. Adami, refused to leave said premises and falsely and unlawfully arrested and detained the claimant and wrongfully assaulted and battered said claimant. Claimant suffered injuries, bruises, and loss of freedom, mental anguish and humiliation, among other injuries. ESTIMATED AMOUNT OF DAMAGES CLAIMED Said amount is over $10,000 and is within the jurisdiction of the Superior Court. DATED: April 10, 1990 ,1 John J. Cullen Attorney for Defendant APR 13 1590 PIAL 3ATCHELOx ('LEF O..iJi)F" P'`Z\1$JRS �y ';tAC Gl...• Deouty CLAIM j 1 % BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT May 15, 1990 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please note all "Warnings". CLAIMANT: SAFEWAY STORES, INC. (M. Randon, et al) ATTORNEY: Jolie Krakauer Date received ADDRESS: Martin, Ryan & Andrada BY DELIVERY TO CLERK ON April 17, 1990 (Federal Express) Ordway Building„Suite 2275 One Kaiser Plaza. BY MAIL POSTMARKED: Oakland, CA 94612 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 20, 1990 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: `i /2 BY: I ��(��(Ql' Deputy County Counsel V I III. FROM: Clerk*of the Board TO: County Counsel (1) County A i istrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the.Supervisors present ( �) This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy o.f the Board's Order entered in its minutes for this date. Dated: MAY 1 5 1990PHIL 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 asshownabove.. Dated: MAY 1-6 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator LAW OFFICES OF - MARTIN, RYAN & ANDRADA GERALD P. MARTIN,JR. ' A PROFESSIONAL CORPORATION � JOSEPH D. RYAN ORDWAY BUILDING, SUITE 2275 ��1� ` j T'� J.RAN DALL ANDRADA � '�'� s-{ B CF,! ��—y/ JOLIE KRAKAUER ONE KAISER PLAZA b. JILL J. LIFTER OAKLAND,CALIFORNIA 94612l'_1 / KEITH I. CHRESTIONSON - _ (/�'' R ((�"�"�7Rn /', S STEPHEN F. RILEY TELEPHONE (415)763-6510 I,;V R 17 159 0 GLENN GOULD FAX:(415)763-3921 ALISON (LEEN SCOTT PHIL 3ATCHEL0R CLERK PiO:M Cif SUPE,,V!SoCS C-OM T RA OSTA CO April 17, 1990 a ............. De.ut FEDERAL EXPRESS MAIL TRANSMITTAL MEMO TO: Clerk of the Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 c >.-, SUBJECT: SAFEWAY FIRE Melody Randon, et al. v. Safeway Stores, Inc. Our File No: S 831 ENCLOSURES: Original and a copy of a claim against Contra Costa County Health Department and a return envelope. REQUESTED ACTION: Please stamp the copy received and return the copy to this office in the envelope provided. YOUR COURTESY IS APPRECIATED Yours very truly MARTIN, RYAN & ANDRADA By: Nancy Far. anesh, Secretary to JOLIE KRUAUER R `m.. ' MARTIN, RYAN & ANDRADA IVED A Professional Corporation 'APR 1 1�9d Ordway Building, Suite 2275 One Kaiser Plaza . FH:L BATCHELOR Oakland, CA 94612 CLERK BOARD OF SUPERVISORS (415) 763-6510 c COSTA CO. Attorneys for Claimant . r SAFEWAY STORES , INC. CLAIM AGAINST CONTRA COSTA COUNTY HEALTH DEPARTMENT TO: CLERK OF THE BOARD OF SUPERVISORS, 651 Pine Street, Room 106, Martinez, CA 94553: SAFEWAY STORES , INC. , hereby makes a claim against the CONTRA COSTA COUNTY HEALTH DEPARTMENT and makes the following statement in support thereof: 1. Claimant ' s post office address is: SAFEWAY STORES , INC. , 201 - 4th Street, Oakland, California 94607. 2. Notices concerning the claim should be sent to Gerald P. Martin, Jr. , Martin, Ryan & Andrada, One Kaiser Plaza, Suite 2275, Oakland, CA 94612. 3. The date and place of the occurrence giving rise to this claim are as follows: On or about October 18, 1989 SAFEWAY STORES , INC. was served with a complaint captioned Melody Randon, et al. v. Safeway Stores, Inc. (Case No. C89-02813) . The action was filed in the Superior Court of California, County of Contra Costa -1- 4. The circumstances giving rise to liability are as follows: SAFEWAY STORES , INC. , owned and operated a distribution center warehouse at 2900 Hoffman Boulevard, City of Richmond, County of Contra Costa, State of California. On July 11, 1988, there was a fire in the warehouse. The fire burned for a number of days. The above-described lawsuit involves claims by plaintiff for personal injury and property damage as a result of exposure to smoke from the July 11, 1988 fire at the Safeway distribution center warehouse in Richmond, California. Among other allegations, plaintiff contends that the fire should have been extinguished immediately and that plaintiff should have been evacuated. Safeway contends that the Contra Costa County Health Department was responsible for .monitoring the air quality in the area of the fire, advising community residents with regard to air quality, evacuating the area if necessary, rendering advice to the Richmond Fire Department regarding the necessity for extinguishing the fire, and for issuing any health advisories necessitated by the fire. The Contra Costa County Health Department was also responsible for monitoring the presence of toxins, if any, and rendering health advisories, if any such advisories were necessary. As a result of the Contra Costa County Health Department ' s failure to properly manage the Safeway fire and its aftermath, claimant contends that it is entitled to indemnity for the damages sought in the above-described complaint. 5. General Description of Injury, Damage or Loss Incurred: Claimant is entitled to equitable or partial indemnity from the Contra Costa County Health Department pursuant to Greyhound Lines, Inc. , v. County of Santa Clara (1986) 187 Cal.App. 3d 480. The indemnity to which claimant is entitled extends not only to the complaint set forth above, but to any subsequent complaints or cross-complaints brought against claimant based on the above-described occurrences. 6. Jurisdiction over this claim would rest in Superior Court. 7 . The names of the public employees causing claimant' s damages are unknown. -2- 8 . The amount of the claim and the basis for its computation have yet to be determined. DATED: . MARTIN, RYAN & ANDRADA A Professional Corporation r _ By ��E KRAKAIJER I -3- PROOF OF SERVICE BY MAIL - C.C.P. 9§1013a, 2015. 5 I , . NANCY FARDANESH, certify that I am over the age of 18 years and not a party to the within action; that my business _ address is One Kaiser Plaza, Suite 2275, Oakland, California; and that on this date I placed a true copy of the foregoing document (s) entitled: CLAIM AGAINST CONTRA COSTA COUNTY HEALTH DEPARTMENT on the parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: Clerk of the Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 XX (By Overnight Courier) I caused each envelope, with postage fully prepaid, to be sent by Federal Express -. (By Mail) I caused each envelope with postage fully prepaid to be placed for collection and mailing following the ordinary business practices of Martin, Ryan & Andrada. (By Hand) I caused each envelope to be delivered by hand to the offices listed above. (By Telecopy) I caused each document to be sent by Automatic Telecopier to the following number : as indicated above - I declare under penalty of perjury that the foregoing is true and correct. Executed on 411`l--o , at Oakland, California. LIM NANCY ANESH CLAIM q BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or`District governed by) BOARD "ACTION the Board of Supervisors, Routing Endorsements, ) NOTI"CE TO CLAIMANT MAY 15, 1990 and Board Action. All Section references are to The copy of this document mailed to you is -your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors.. (Paragraph IV below), given pursuant. to"Government Code Amount: Undetermined Section 913 and 915.4: Please note all "Warnings". CLAIMANT: PLISHNER, Michael J. and -Rosalind .ATTORNEY: David M. Balabanian, Esq: McCutchen, Doyle, Brown Date received ADDRESS: & Enersen BY' DELIVERY TO CLERK ON " April 18, 1990 (hand delivered). Three Embarcadero Center San Francisco, CA'94111 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is atopy of the above-noted claim. 'DATED. April 20, 1990 JVIL BATCHELOR, Clerk II.FROM: County Counsel TO: Clerk of the Board of Supe is,ors (� ) 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: qBY: � Deputy County Counsel /23 LoIII. 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 ORDEBy 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 it's minutes for this date. Dated: M AV 1�'� _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: MAY 16 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Cy '} Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp Michael J. and Rosalind Plishner) .EJ VE ) APR 18 1990 Against the County of Contra Costa or ) PHIL 3A?CHE.toR CLE2K BOA S!or SUPE�:V;;ORS ON TRS CODistrict) aDe Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ Amount exceeds and in support of tYis claim (presents s follows: $1Q ,000 (See .Govt. Code §910) Jurisdiction Ws this c_a m woulg rest in the_Superior_Courts_____________________________ --------- --------------- 1. When did the damage or injury occur? (Give exact date and hour) November 11 , 1989 at. 2141 .hours ------------------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) Arlington Blvd. , 50.' ESE of Brewster Drive, El Cerrito, Contra Costa County, California -- ----------------------------------------------------------------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) Claimants ' son, Aaron Plishner, was fatally injured in an automobile accident at the above location. ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? See Attachment. (over) r ti 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. All damages attributable to death of son, 'including but not limited to, medical , funeral and burial expenses , value of son ' s society and companionship, value of son 's .. __personal servicesl_loss_of earning ca�acit�___ These damages_exeeed X10 , 000. ------------------- ----------- How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) ------------------------------------------------------------------------------------- $. Names and addresses of witnesses, doctors and hospitals. Brookside Hospital, San Pablo, California For witnesses, See E1 Cerrito Police Department Report No. 89-5531. ------------------------------------------------------------------7-7---------------- 9. List the expenditures you made on account of this accident or injury: DATE __,--,. ITEM,..,, _ AMOUNT r s J: %Gov. Code Sec. 910.2 provides: t"The claim-must be signed by the claimant SEND NOTICES TO': (Attorney) � �- "'or s me 4ersorbehalf." Name and Address of Attorney DAVID M. BALABANIAN Claimant's Signature McCUTCHEN, DOYLE, BROWN ENERSEN Three Embarcadero Center 114 t. Albans Road San Francisco, CA 94111 Address Kensing.ton., CA 947.08 Telephone No. (415) 393-2000 I Telephone No. (415) 524-2367 N O T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in . the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. �5 ATTACHMENT Item No . 4 : The accident and fatal injuries to Aaron Plishner were caused and contributed to by the dangerous condition of County property, including, but not limited to, lack of appropriate warning and speed limit signs , defectively designed and constructed fencing, the absence of metal guardrails , and a defectively designed roadway curve and center road line .. The County had prior notice of the dangerous condition present at this location. CLAIM c4 , 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 MAY 15 1990 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Undetermined Section. 913 and 915.4. Please note all "Warnings". CLAIMANT: KINTZER, Fred, Maria and Alex (a minor) ATTORNEY: peter W. Alfert Hinton & Alfert Date received ADDRESS: A Professional Corporation BY DELIVERY TO CLERK ON April 13, 1990 (hand delivered 2940 Camino Diablo., Ste . 300 .Walnut Creek, CA 94596 BY MAIL POSTMARKED: SL'I I. FROM: Clerk of the Board of Supervisors TO: County Counsel GFR'1 3 �� O . Attached is a copy of the above-noted claim. EVIL BATCHELOR, Clerk Martinez, CA :'4553 DATED: April L3 . 1990 : D.eputy II. FROM: County Counsel TO: Clerk of the Board of ervisors ( ) This claim comp lies 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 91.0.8). ( ) .- Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of cl.aaimant's right to apply for leave to present a. late claim (Section 911.3). (. ) Other: Dated: BY: I �K, Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Admim rator (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: MAY 15 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec ion 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: MAY 16 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND OR NON-ACCEPTANCE OF CLAIM TO: Peter W. Alfert Hinton & Alfert A Professional Corporation 2940 Camino Diablo, Ste. 300 Walnut Creek, CA 94596 Re: Claim of KINTZER, Fred, Maria and Alex (a minor) 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 ByJQ0 011�;� Deputy (C',ounty Cou e �/ CERTIFICATE OF SERVICE BY EMAIL C.C.P. §§ 1012, 1013a, 2015.5 ; Evid. C. §§ 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(b) 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: 'Q\ at Martinez, California. cc: Clerk of the Board of Supervisors (o' ginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 910 .8) i PETER W. ALFERT RECEIVED HINTON & ALFERT A Professional Corporation (;°R 13 1990 2940 Camino Diablo, Suite 300 $:SaC" P.O. Box 4906 PHILBATC?'•°ca LER!( ARD 0 vgplsJRS 01 Walnut Creek, Ca. 94596 a c 'TR"c Deputy Telephone: (415) 932-6006 CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO: CLERK, BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 651 Pine Street Martinez , California 94553 This claim is presented by the law offices of HINTON & ALFERT, A .Professional Corporation, on behalf of FRED KINTZER, MARIA KINTZER, and ALEX KINTZER, a minor. Claimants are the surviving father, mother and brother of decedent, ERIC KINTZER. Claimants reside at 64 Sunnyside Lane, City of Orinda, County of Contra Costa, State of California. Notices concerning the claim should be sent to the law offices of HINTON & ALFERT, 2940 Camino Diablo, Suite 300, P. O. Box 4906, Walnut Creek, California 94596 . On or about October 14 , 1989, the County of Contra Costa owned, leased, rented, maintained, controlled and occupied under a statutory duty the grass playing field at JFK University and all appurtenances and equipment thereon, including the soccer goals, and had the authority and obligation to operate and maintain the field and all equipment and appurtenances thereon, including the soccer goals, in a safe condition for all users and bystanders including claimants and claimants' decedent. On and prior to October _ 14 , 1989, the County of Contra Costa and its employees negligently and carelessly failed to operate, maintain and control said playing field and all equipment and appurtenances thereon, including the soccer goals, negligently and carelessly designed, manufactured, fabricated, improperly weighted and balanced, failure to adequately anchor the soccer goals in use on said playing field and failed to warn users of the field of the dangerous condition of the field and the soccer goals, all of which negligence created, caused and maintained a dangerous condition that created a substantial risk of the type of injury hereinafter alleged which said playing field equipment and appurtenances thereon, including the soccer goals, were used with due care in a manner in which it was reasonably foreseeable that they would be used by the public including the claimants and claimants' decedent. On or about October 14 , 1989 claimants' decedent ERIC KINTZER was lawfully using the playing field when he was struck by an unanchored soccer goal which toppled on the playing field at JFK University. As a proximate result of the negligence of the County of Contra Costa and its employees and of the dangerous condition of said entity' s property, claimants ' decedent was injured and killed. The County of Contra Costa had actual and/or constructive notice and knowledge of the existence of the dangerous condition 2 of said playing field and the equipment and appurtenances thereon, including the soccer goals, a sufficient time prior to October 14, 1989 to have taken measures to protect against the dangerous condition. Said dangerous condition of the playing field and unanchored soccer goal constituted a trap of which the County of Contra Costa and its employees should have warned of or taken other measures to prevent the soccer goals from falling onto children including claimants ' decedent. Claimants and claimants ' decedent were in a special relationship with the County of Contra Costa by virtue of the fact that the soccer activities in which they were engaged were operated and sponsored by the County of Contra Costa, and claimants paid to participate in such activities. The County of Contra Costa had exclusive control over the playing field and appurtenances and equipment, including the soccer goals. Claimants FRED KINTZER and ALEX KINTZER, a minor, were in close proximaty to and personally witnessed the death of ERIC KINTZER, and as a result thereof sustained great emotional disturbance and shock and injury to their nervous systems. As a result of the above-alleged conduct of the County of Contra Costa, claimants have been deprived of the love, affection, care, devotion, companionship, and support of a loving and devoted son and brother. The amount claimed by FRED KINTZER, MARIA KINTZER, and ALEX KINTZER, a minor, as of the date of the presentation of this 3 general and special damages, including, but not limited to, medical expenses, past and future, funeral and burial expenses, loff of earnings and earning capacity, interest, and incidental expenses. Dated: April 12 , 1990 HIN N & ALFERT BY PET W. ALFERHimants Attorneys for Receipt of the above claim is hereby acknowledged this day of , 1990. By CLERK, BOARD OF SUPERVISORS t 4 CLAIM � � q 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 MAY 1 5 , 1990 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board- of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please note all "Warnings". CLAIMANT: A.D. SEENO' CONSTRUCTION COMPANY ATTORNEY: David A. Wallis , Esq . Ramsey, Morrison, Wallis & Date received ADDRESS: Abramson BY DELIVERY TO CLERK ON April 12 , 1990 Cert. P8 8 2 2 Suite 100 10399 Old Placerville Road BY MAIL POSTMARKED: April 11 , 1990 Sacramento, CA 95827 1. FROM: Clerk of the Board of Supervisors . TO: County Counsel Attached is a copy of the above-noted claim. fidIL gATCHELOR, Clerk DATED: April 13, 1990 : Deputy II. FROM: County Counsel TO: Clerk of the Board of Su isors '-'(y ) 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 910.6). ( ) 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: County Counsel AP R� .i i 1990 n 553 y I Dated: 3 110 BYDeputy 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 0RDE 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: MAY 1.5 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code secti 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: -MAY 16 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator MMK: jm:040290 1 ��.`?x11�8P�1, xXt53UYt, �?X��iB CQC �x�80YY 2 PROFESSIONAL CORPORATION • ATTORNEYS AT LAW 10399 OLD PLACERVILLE ROAD, SUITE 100 3 SACRAMENTO, CALIFORNIA 95827 TELEPHONE (916)362-8800 4 ATTORNEYS FOR Defendant ALBERT D - SEENO CONSTRUCTION 5 . 'RECEIVED 6 7 APR 12 1990 PHIL BA CHa.o2 8 NOTICE OF CLAIM CLERK BOARD OF SUP PVISORS B ............ ... e u 9 10 A.D. SEENO CONSTRUCTION ) Action No . COMPANY , ) 11 ) Claimant, ) CLAIM FOR EQUITABLE 12 ) INDEMNITY AGAINST THE vs . ) COUNTY OF CONTRA COSTA, 13 ) CALIFORNIA COUNTY OF CONTRA COSTA, ) 14 CALIFORNIA, ) 15 Respondent , ) 16 17 To the Board of Supervisors for Contra Costa County, 18 California: 19 You are hereby notified that A.D. Seeno Construction 20 Company, whose mailing address is 4300 Railroad Avenue, P.O. Box. 21 1458 , Pittsburg, California, 94565-0458, files this claim for 22 equitable indemnity from Contra Costa County, California, in the 23 amount, computed as of the, date of presentation of this claim of 24 $20 ,969 .20, plus unknown damages to date. 25 26 27 28 1 This claim for indemnity is based on residential and 2 personal property damage suffered by Walter L. Jasper, 2950 3 Clear Land Circle, Pittsburg, California, Louella Steptow, 2955 4 Clear Land Circle, Pittsburg, California, B.C . Evans, 2954 Clear 5 Land Circle, Pittsburg, California, Andrea Westbrook, 2954 Clear 6 Land Circle, Pittsburg, California, Stephanie Songco, 7 7 Lancaster Circle, No. 233, Pittsburg, California, Johnny Lee 8 Farmer, 1946 Clear Land Circle, Pittsburg, California, and other 9 unknown individuals not identified to date, as a result of 10 flooding which occurred on or about September 18 , 1989 . These 11 individuals have sued claimant, and their cases are currently 12 pending in the Municipal Court of Contra Costa County, 13 California. The claimant was first served on January 10, 1990 . 14 Claimant alleges that Contra Costa County was negligent 15 in their maintenance of various canals within the City of 16 Pittsburg, California. That as a result of their negligence, 17 water was not able to properly flow through the canals. The 18 canals then overflowed, damaging the above-named individuals' 19 and unknown individuals ' residential and personal property, 20 That due to said County' s negligence, claimant is 21 entitled to equitable indemnity from the County. 22 The names of public employees causing claimant ' s 23 damages under the - described circumstances are not known to 24 claimant at this time. 25 The amount claimed, as of the date of presentation of 26 this claim, is computed as follows: 27 The following individuals have filed claims and court 28 actions. mnsev, Otorrisan, Wallis & Abr=eon -2- PROFESSIONAL CORPORATION•ATTORNEYS AT LAW 10399 OLD PLACERVILLE ROAD,SUITE 100 SACRAMENTO,CALIFORNIA 95827 1 Joe Smith, $10, 105 . 00 . 2 John Farmer, $2,000 .00 , 3 Walter Jasper, $2,000 . 00 . 4 Stephanie Songco, $2,000 .00 . 5 Andrea Westbrook, $2 ,000 . 00 . 6 B.C. Evans, $2,000 .00 . 7 Debra Polk, unknown. 8 Hidden Cove Apartments, $864 ,20 . 9 Total damages claimed to date: $20 ,969 .20 . 10 Estimated prospective damages as far as known. 11 Other prospective general damages, unknown. 12 Total estimated prospective damages, unknown. 13 Total amount claimed as of date of presentation of this 14 claim, $20,969 .20 , plus additional damages which may be claimed . 15 All notices or other communications with regard to this 16 claim should be sent to claimant at the law offices of Ramsey, 17 Morrison, Wallis & Abramson, 10399 Old Placerville Road, 18 Sacramento, California, 95827 . 19 Dated: April 5, 1990 20 RAMSEY, MORRISON, WALLIS & ABRAMSON 21 22 By: David A. Wallis 23 Attorneys for Claimant . A.D. SEENO CONSTRUCTION COMPANY 24 25 26 27 28 ,Eamselj, "Harrison, Wallis & ,Abramson - 3- PROFESSIONAL CORPORATION•ATTORNEYS AT LAW 10399 OLD PLACERVILLE ROAD,SUITE 100 SACRAMENTO,CALIFORNIA 95827 1�t C , a �•r._ O O 0 Cl) N N � 0. re,4 N U 000 CP oa N a v O U� �a4 �� Stiff r R4j �1 r a � d (0- 0,Od 6 O J G �V r 4k U pia e U N o r W Y. d , 1 1 r j 5i a f O rap 4 O r O 1�, In yyecp C1 '� Z 0 $ O > t� 9 G k� vxO 6ti O W O W O O t� N °,o N n n Oa ri n 40 i O Ln 110 N JPl O V� Y� � N U OC^n VP- ILO �"' � LO i. n w N Q C:) U ,p 1 tsP�, larrison, Wallis & �&ra tson GENERAL LITIGATION PROFESSIONAL CORPORATION ,ATTORNEYS AT LAW WORKER'S COMPENSATION O.J.RAMSEY 10399.OLD PLACERVILLE ROAD,SUITE 100 THEODORE H.MORRISON THEODORE H.MORRISON _ SACRAMENTO, CALIFORNIA 95827 MARC E.ABRAMSON DAVID A.WALLIS NAZZI R.BLAKE MARC E.ABRAMSON TELEPHONE(916)362-8800 KEVIN P.ROONEY TELEFAX(916)361-7827 MICHAEL M.KESSLER - NAZZIR.BLAKE CIVEIN April 11, . 1990 APR 12 1990 VIA CERTIFIED MAIL Prat aATCHELo: CLERIC SOA RU OF SUPERVISORS Clerk of the Board of Supervisors a .. OSTACO• De uI 651 Pine Street, Room 106 Martinez, CA 94553 Re: A.D. Seeno Construction Company v. County of Contra Costa Dear Clerk: Enclosed please find a copy of a claim against the County of Contra Costa, which I am submitting on behalf of Seeno Construction Company. I would appreciate your returning a marked copy indicating the date of receipt. Please contact the undersigned if you have any questions. Very truly yours, RAMSEY, .MORRISON, WALLIS & ABRAMSON David A. Wallis DAW: jm Enclosures , ' AMENDED CLAIM � BOARD OF SUn V= OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MAY 15 , 1990 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please note all "Warnings". County Counsel CLAIMANT: KINTZER, Fred, Maria and Alex (a , minor) _ . AMP. e' 1990 ATTORNEY-. Peter W. Alfert Martinez. C Hinton & Alfert Date received A .:,45,53 ADDRESS: P .O. Box 4906 BY DELIVERY TO CLERK ON April 24 , 1990 Walnut Creek, -CA 94596 BY MAIL POSTMARKED: April 23, 1990 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of .the above-noted claim. A ri1 25 1990, PpHkIL BATCHELOR, Clerk DATED: P BY: Deputy . II. FROM: County Counsel TO: Clerk of the Board of Supervisors (� ) Thisrcla4m 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: 71 1 BY: 1Duo � !J_ �rDeputy 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 o.f the Board's Order entered in its minutes for this date. Dated:__W 15 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: MAY 16 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator LAW OFFICES OF PETER J. HINTON A PROIE5910NAL CORPORATION 2940 CAMINO DIABLO, SUITE 300 PETER W. ALFERT WALNUT CREEK, CALIFORNIA 94S96-3990 MICHAEL P. CLARK (415) 932-6006 PLEASE REPLY TO: POST OFFICE BOX 4906 April 23, 1990 Clerk, Board of Supervisors APR 241990 County of Contra Costa PHIL RATCHELOR CLERK BOARD U'SUPERVISORS 651 Pine Street C STA CO. Martinez, California 94553 B """"' " "' ' e "' Re: Claim of Fred Kintzer, et al. Incident of October 14, 1989 Dear Sir/Madam: Enclosed please find Amended Claim Against the County of Contra Costa, in triplicate, in the above matter which has been corrected to include the required damages language.. The first two sentences of page 4 were inadvertently omitted from the original claim presented. Would you please acknowledge receipt of the Amended Claim by signing and dating a copy of same where indicated on page 4 and return it to us in the self-addressed, stamped envelope provided. Thank you for your attention to this matter. Very truly yours, HINTON & ALFERT Shari K. McMurry, Secretary to PETER W. ALFERT sm Enclosures . PETER W. ALFERT RECEIVED HINTON & ALFERT A Professional Corporation 2940 Camino Diablo, Suite 300 APR 2 4 1990 P.O. Box 4906 Walnut Creek Ca. 94596 PHIL BATCHELOR SM Telephone: (415) 932-6006 Tj¢itKE��AR OVActvl *� Ct.SiACU. . AMENDED CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO: CLERK, BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 651 Pine Street Martinez, California 94553 This claim is presented by the law offices of HINTON & ALFERT, A Professional Corporation, on behalf of, FRED KINTZER, MARIA KINTZER, and ALEX KINTZER, a minor. Claimants are the surviving father, mother and brother of decedent, ERIC KINTZER. Claimants reside at 64 Sunnyside Lane, City of Orinda, County of Contra Costa, State of California. Notices concerning the claim should be sent to the law offices of HINTON & ALFERT, 2940 Camino Diablo, Suite 300, P. O. Box 4906, Walnut Creek, California 94596. On or about October 14 , 1989, the COUNTY OF CONTRA COSTA owned, leased, rented, maintained, controlled and occupied under a statutory duty the grass playing field at JFK University and all appurtenances and equipment thereon, including the soccer goals, and had the authority and obligation to operate and maintain the field and all equipment and appurtenances thereon, including the soccer goals, in a safe condition for all users and bystanders including claimants and claimants' decedent. On and prior to October 14, 1989, the COUNTY OF CONTRA COSTA and its employees negligently and carelessly failed to operate, maintain and control said playing field and all equipment and appurtenances thereon, including the soccer goals, negligently and carelessly designed, manufactured, fabricated, improperly weighted and balanced, failure to adequately anchor the soccer goals in use on said playing field and failed to warn users of the field of the dangerous condition of the field and the soccer goals, all of which negligence created, caused and maintained a dangerous condition that created a substantial risk of the type of injury hereinafter alleged which said playing field equipment and appurtenances thereon, including the soccer goals, were used with due care in a manner in which it was reasonably foreseeable that they would be used by the public including the claimants and claimants ' decedent. On or about October 14, 1989 claimants' decedent ERIC KINTZER was lawfully using the playing field when he was struck by an unanchored soccer goal which toppled on the playing field at JFK University. As a proximate result of the negligence of the COUNTY OF CONTRA COSTA and its employees and of the dangerous condition of said entity's property, claimants ' decedent was injured and killed. The COUNTY OF CONTRA COSTA had actual and/or constructive notice and knowledge of the existence of the dangerous condition 2 of said playing field and the equipment and appurtenances thereon, including the soccer goals, a sufficient time prior to October 14 , 1989 to have taken measures to protect against the dangerous condition. Said dangerous condition of the playing field and unanchored soccer goal constituted a trap of which the COUNTY OF CONTRA COSTA and its employees should have warned of or taken other measures to prevent the soccer goals from falling onto children including claimants ' decedent. Claimants and claimants' decedent were in a special relationship with the COUNTY OF CONTRA COSTA by virtue of the fact that the soccer activities in which they were engaged were operated and sponsored by the COUNTY OF CONTRA COSTA, and claimants paid to participate in such activities. The COUNTY OF CONTRA COSTA had exclusive control over the playing field and appurtenances and equipment, including the soccer goals. Claimants FRED KINTZER and ALEX KINTZER, a minor, were in close proximaty to and personally witnessed the death of ERIC KINTZER, and as a result thereof sustained great emotional disturbance and shock and injury to their nervous systems. As a result of the above-alleged conduct of the COUNTY OF CONTRA COSTA, claimants have been deprived of the love, affection, care, devotion, companionship, and support of a loving and devoted son and brother. The amount claimed by FRED KINTZER, MARIA KINTZER, and ALEX KINTZER, a minor, as of the date of the presentation of this 3 r claim, is sufficient to establish jurisdiction in the Superior Court of the State of California. These damages consist of general and special damages, including, but not limited to, medical expenses, past and future, funeral and burial expenses, loff of earnings and earning capacity, interest, and incidental expenses. Dated: April 20, 1990 HINTON AL ERT BY PETE'R)W. 'ALFERT Attorneys for Cla4as Receipt of the above claim is hereby acknowledged this day of , 1990. COUNTY OF CONTRA COSTA By (Title) 4 PROOF OF SERVICE BY MAIL I declare that: I am a resident of and employed in the County of Contra Costa, California. I am over the age of eighteen years and not a party of the within-entitled cause; my business address is 2940 Camino Diablo, Suite 300, Walnut Creek, California 94596. On April 23 , 1990, I served the attached Amended Claim Against the County of Contra Costa on the interested parties in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Walnut Creek, California, addressed as follows: Clerk, Board of Supervisors County of Contra Costa 651 Pine Street Martinez, California 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this Declaration was executed on this April 23 , 1990, at Walnut Creek, California. ;M7 SHARI K. McMURRY 1 v z a � �a 0 D 0 r IP I 7D 0 s N .z N 8 o tD to 0 0 W to W 0 N ro °,0 r � 0 (ID t h Ct. O rt C a �= cN CA Ct v+ 0 51 Crl w � u on � 0 t ��