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MINUTES - 03231993 - 1.2 (2)
.0 County Counsel CLAIM MAR 1 1993 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ivlar nez, CA 94553 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 23, 1993 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: $5,000,000.00 Section 913 and 915.4. Please note all •Warnings". CLAIMANT: ACOSTA, Maria, et al., for Hugo ACOSTA, JR. ATTORNEY: John L. Burris Law Offices Date received ADDRESS: 1212 Broadway, Suite 1200 BY DELIVERY TO CLERK ON February 22, 1993 Oakland, CA 94612 BY MAIL POSTMARKED' Hand delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QH DATED: Febraury 24, 1993 IYIL BATCHELOR, Cler I1. FROM: County Counsel TO: Clerk of the Board of upervisors ( ) 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: C4 ��/� BY: C. Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present 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: MAR 2 3 1993 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 beposited 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. *For additional warning see reverse side of this notice. 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. MAR 3 0 1993 Dated: BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of .Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: JOHN L. BURRIS, ESQ. 1212 Broadway, Suite 1200 Oakland, CA 94612 RE: CLAIM OF: ACOSTA, Maria, et al . , for Hugo ACOSTA, JR. 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: [XX] 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. [XX] 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. ( ) 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 . [XX] 7 . Other: Separate claims should be filed for each claimant. VICTOR J. WESTMAN, County Counsel By: �. Dep y ounty Counse CERTIFICATE OF SERVICE BY MAIL (C.C.P. SS 1012, 1013a, 2015.5; Evidence Code SS 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; 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 addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: March 4, 1993 at Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE SS 910, 910.2, 920.4, 910.8) I FEB 2 2 199 3 ►I CLAIM AGAINST CONTRA COSTA COUNTY CMRK BOAR F PERVISO S OON cO A CO. MARIA ACOSTA, et al . , (see Attachment A for identities of additional claimants ) as guardian ad litem for HUGO ACOSTA JR. , presents a claim for damages against Contra Costa County, and employees DOES 1 to 25, in the amount of $5, 000, 000 . 00 . CLAIMANTS ADDRESS: Law Offices of John L. Burris, 1212 Broadway, Suite 1200, Oakland, Ca 94612 DATE OF OCCURRENCE: August 22, 1992 PLACE OF OCCURRENCE : 130 Nevin Avenue, Richmond, Ca, and surrounding area. SAID CLAIM ARISES FROM FOLLOWING CIRCUMSTANCES: On or about August 22, 1992, Gary Patigle owned and operated Electro Forming Company, a chrome plating shop, located at ornear 130 Nevin Avenue, Richmond, Contra Costa County, California. Said shop, which was situated in or adjacent to a densely populated residential community, had a toxic chemical release that caused a cloud of toxic gas, nitric acid and other toxic and non-toxic substances to spread to Claimants ' person, residence, real and personal property, and ground water, and thereby illegally trespassing upon Claimants ' person, and their real and personal property. Prior to the incident, the City of Richmond and Contra Costa County had conducted numerous inspections at Electro and was aware of Electro ' s numerous storage and disposal violations of hazardous waste materials . 1 DESCRIPTION OF NATURE AND EXTENT OF DAMAGES OR INJURIES: Claimants ' injuries include but are not limited to: Emotional and physical injury as a result of being exposed to ultrahazardous activities, toxic chemicals, toxic chemical smoke, soot, ashes and various other unrevealed toxic and or foreign particles and or pollutants that were dispersed into the air, soil, ground water and trespassed upon the person and property of Claimants during and after the incident and with the discepating gas toxicans and shop clean up. CAUSES OF ACTION: Negligence, strict liability, strict liability for ultrahazardous activity, nuisance, trespass, negligence per se, violation of statutes, fraudulent concealment, fraudulent misrepresentation, and intentional and negligent infliction of emotional distress . Dated: 2/2�/�9 AW OFFICES OF JOHN L. BURRIS J0 N L. U IS, Esq. A torney for Claimants 2 ►/ ATTACHMENT "A" G-LAST G-FIRST M-LAST M-FIRST ACOSTA MARIA ACOSTA JACQUELINE ACOSTA MARIA ACOSTA LILIANA ACOSTA MARIA ACOSTA NANCY ADAMS RENEE ELLISON DELAVONNI ALEJANDRE JAIME ALEJANDRE JAIME JR ALLEN KATHERINE BURTON KATINA ALLEN KATHERINE BURTON KENDALL ALLEN KATHERINE JACKSON JIMMY f AMOS LUTHER JR AMOS LUTHER I ANDERSON PAULINE VANCE DWAN I ANDERSON PAULINE VANCE KEISHA ANDERSON VIRDELL MARTIN CYNTHIA AVALOS GLORIA DIAZ JENNYFER AVALOS GLORIA DIAZ JOANNA BANKS DARLENE ALLISON DEATRA BANKS DARLENE BANKS JANET . BANKS DARLENE CALHOUN QUINTISHA BEACHAM MARIAN BEACHAM LESLIE BEACHAM MARIAN MCCLENNEN MARCUS f BENFORD TERESA BENFORD JANET f BERNABE JOSE BERNABE ARACELI BERNABE JOSE BERNABE CRISTINA BERNABE JOSE BERNABE FRANCISCO BERNABE JOSE BERNABE JOSE LUIS BERNABE JOSE BERNABE JUAN BERNABE JOSE BERNABE MARIA BERNABE JOSE BERNABE MARIO BERRY DELORIES JOHNSON NICOLE BILAL MARKEYSHA HARDISON KEVIN BILAL MARKEYSHA HARDISON MARQUISHA t BLACKMAN DERIK BLACKMAN DEJIONTE L BLACKMAN DERIK BLACKMAN DERIK BLACKSHER RITA BROOKS CHANEL : BLUE BARBARA BLUE AISHA r BOATMON YVONNE BOATMON EDWARD JR BOATMON YVONNE BOATMON ROBERT BOATMON YVONNE HOPKINS GAYLA BOYKINS CHARLES ALVAREZ RANDY r; BOYKINS CHARLES BOYKINS SHAWN BOYKINS CHARLES BOYKINS STEPHANIS BOYKINS MOLLIE MCCOWAN DANNY BOYKINS MOL_LIE SMITH BILLY BRADLEY LAURENCHANTE JANICE L_AROYCE BRADLEY LAURENCHANTE JANICE RITA BREAUX NINA COOK MARKELL I` E; BREAUX NINA RANDOLPH SHONKEE f' r 11-31 Minors 1 ; 3 • ATTACHMENT "A" G-LAST G-FIRST M-LAST M-FIRST BREWSTER LYNNELL BREWSTER PADREAMER BREWSTER LYNNELL RUSSELL MARKITA BREWSTER LYNNELL WALKER EBONY BREWSTER LYNNELL WALKER MICHELLE BREWSTER PAULETTE BOOKER YUKIO BREWSTER PAULETTE BREWSTER MICHAEL BREWSTER PAULETTE BREWSTER PAULINA BREWSTER PAULETTE BREWSTER VIOLA BREWSTER PAULETTE JOHNSON KENNETH BREWSTER PAULETTE MATTHEW RENISHA BRIGHT WILLIAM BRIGHT JOVAUGHN BROCK MARIA BURTON PHIFFIANNY BROCK MARIA MYLES EBONY BROWN JOHN JR BROWN DUNNISHA BROWN JOHN JR BROWN EUCHERIA BURKE KENNETH BURKE EVONNA BUSBY TOBIENNE BEARD CHANTE BUSBY TOBIENNE MARTIN MEHLANJAH BUSBY TOBIENNE WILLIAMS ASHANTAE BUTLER EARNEST BUTLER CHRISTOPHER BUTLER EARNEST BUTLER MAHIKA BUTLER RESHANA PHEA JAZMIN CARR ELRO RANDLE PHILIP CARSON ROSE CARSON RICKETTA CASTRO JULIA RINCON ANTHONY CLARK GERMAINE CLARK TRISSICA CLARK GERMAINE WENDELL THOMAS COMEAUX HATTIE LOCKETT MICHAEL COPPEDGE BETSY LUNNIE KUNTA COTTON VALERIE COTTON AMBER COTTON VALERIE COTTON ASHLEY COTTON VALERIE COTTON AZH1A COUSEY ROBIN GRIFFIN ANTONIA COUSEY ROBIN GRIFFIN DEANTHONY COUSEY ROBIN STAFFORD DONTE CRAVENS CHERYL CARR DARTANYON CREMER CAROLINE CANNON CHANNING CREMER CAROLINE CREMER LOGAN CRUMMIE TINA MATLOCK ROBERT JR CUMMINGS WILLIE CUMMINGS ANGELA CUMMINGS WILLIE CUMMINGS ISIAH III CUMMINGS WILLIE WISE ROSALIND DAVILA RAYMUNDO DAVILA RAYMUNDO JR DAVIS ARTHUR DAVIS ARIETHA DAVIS BETTY THOMAS AZIZAE DAVIS BETTY THOMAS AZZIE DAVIS BETTY THOMAS BETTY #3/Minors 2 ATTACHMENT "A" G-LAST G-FIRST M-LAST M-FIRST DAVIS BETTY THOMAS NICOLE DAVIS BEVERLY DOZIER DORELL JR DAVIS JOANNE TURNER JAMELIA DAVIS JOANNE TURNER TERESHA DAVIS VESSIE DAVIS SHINIKA DAVIS VESSIE MCCOMB CALVIN DAVIS VESSIE SKINNER DONDI DAWSON ANNETTE WILLIAMS SHARRISE DAWSON ESTEEN JONES DWAYNE DE LA PAZ BERTHA DE LA PAZ MONICA DE LA PAZ BERTHA DE LA PAZ RUBEN DEBOLT KAREN DEBOLT-BONNER ANTHONY DELONEY KISHA MARSHALL TRACY DELONEY TAM DELONEY JAHANT DELONEY TAM DELONEY TAMISHA DEMILLION DARLENE DEMILLION CALVIN DEMILLION DARLENE DEMILLION RODNEY JR DIAZ SANDRA MEZA EVELIN DIXON DAVID DIXON DAVID JR DOUGLAS DOROTHY CLEVELAND KANDICE DOWELL EARTHARASERLENA WALKER DERRICK DOWELL EARTHARASERLENA WALKER ERIC DUNCAN ZANDRIA DUNCAN DARRELL JR DUNCAN ZANDRIA DUNCAN SHARRELL DUNN LAVONTRA AMOS LUTHER JR EALY ROCHELLE FORD AYAUNA EALY ROCHELLE JONES CHRIS EDWARDS CHRISTINE EDWARDS CHRISTOPHER EDWARDS CHRISTINE PURCELL AARON EDWARDS CHRISTINE SMALLWOOD AYESHA EDWARDS CHRISTINE SMALLWOOD OMAR EDWARDS CHRISTINE WILLIAMS TAMMANY ELLISON LINDA CONNOR JESSICA ELLISON LINDA ELLISON PRESTON ELLISON LINDA ELLISON STEVEN EMERSON PAMELA FRIERSON DOMONIQUE EVANS JACQUELINE EVANS DOMINIQUE FAISON LESLIE ROBINSON JOHNAI FIELDS JAMES FIELDS JA'MIKA FIELDS JAMES FIELDS JA'SHAWN FIELDS JAMES FIELDS MARCO FIELDS JAMES FIELDS MARIO FLANAGAN ROSHELL BOWEN SEQUOIIA FLANAGAN ROSHELL FLANAGAN DEVON FOSTER CYNTHIA MULDER WILLIE FRAZIER PENNIE ELLIS JEREMY FRAZIER PENNIE ELLIS JIMMY JR #3/Minor: ? ATTACHMENT "A" G-LAST G-FIRST M-LAST M-FIRST FRAZIER PENNIE ELLIS JIMNESHIA FRAZIER PENNIE ELLIS JOSHUA FREEMAN MARGARETT FREEMAN ARMAUND GAINES MICHELLE PRICE JASMANIQUE GAITHER PEARLINA GAITHER BRIAN GAITHER PEARLINA GAITHER SABRINA GARNES MARLENE GARNES MARLENA GARNES MARLENE GARNES SABRA GARNES RONALD GARNES RONALDJR GARNES RONALD GARNES SABRA GARNES RONALD GARNES SYLVESTER GASKINS ROSE JOHNSON EZEKIEL GATLIN MELVA CHAPMAN LANA GATLIN MELVA CHAPMAN LANA'EE GATLIN MELVA GATLIN JERICK GENE LOWE LOWE TALEISHA GERALDS DESIREE CAUDLE SHAWN GERALDS DESIREE HAMPTON LEE JR GILBERT JULIA GILBERT MARK GILBERT JULIA GILBERT ROLUND GILBERT JULIA GILBERT RONALD JR GODFREY MARY JONES ANTIONE GODFREY MARY JONES DEMARCO GODFREY MARY STEWART MONIQUE GRAHAM ANGELA PERKINS BREANA GRAHAM TINA PITTMAN DARION GRAYSON RAMONA EDWARDS QUANTINA GRAYSON RAMONA WEST ROKISHA GREGORY WILLIE ADKINS AMATI GREGORY WILLIE GREGORY SANEQUTA GUDINA GRACIELA DIMAS ILEANA GUDINA GRACIELA ROSALES JUAN GUZMAN JEANNIE EDWARDS SPARKLE HAGANS LILLIE HAGANS DAVID HAGANS LILLIE NGANGA LEONARD HAGANS LILLIE SPICER RAVIN HAMPEL PAMELA METZEL CHARLOTTE HARDIN DENNIS HARDIN DENISE HARRIS VERNESSA HARRIS MELVIN HARRISON WANDA BROWN LESLIE HARRISON WANDA HARRISON KIANDA HARRISON WANDA HARRISON KIRBY HART LINDA HART JOHN HAYES PHYLLIS HAYES ANGEL HAYES PHYLLIS HAYES GENTRY HAYES PHYLLIS HAYES ROMA HAYES PHYLLIS- HAYES SEAN /13/Minors q r ATTACHMENT "A" G-LAST G-FIRST M-LAST M-FIRST HAYWOOD JUDY EVANS JAUNA HAYWOOD JUDY GOODSON CARTIA HAYWOOD JUDY WARNER BRANDY HENDERSON AKIM HENDERSON DONOVAN HILL RICKIE SR BAILEY REISHA HILL RICKIE SR HILL RICKIE JR HOWARD MYRA MCKINLEY DONESHA HOWARD MYRA MONTGOMERY GERMEAKA . HUBBARD MARGIE BATES TAMEDA INGRAM ETHEL BROWN EONIA INGRAM ETHEL INGRAM PALACE INGRAM ETHEL JONES JAMAL JACKSON RUBY ROBINSON PRISCILLA . JACKSON SHERLEEN JACKSON ALLISON JACKSON SHERLEEN JACKSON FRANCES JACKSON SHERRY DIXON ELLESSE JACKSON VALERIE DAVIS MARCUS JACKSON VALERIE MORIKANG GIDEON JAMES BETTY JAMES LAKEISTA JAMES BETTY JAMES SHAHEED JAMES DJUANA TURNER ANTHONY II JASPER PATRICIA JASPER TALTHA JASPER PATRICIA SMITH TANEQUA JOHNSON EDWINA PLAIR JUSTIN JOHNSON LATASHA JOHNSON RASHAAN JOHNSON LATASHA WILSON JAMESHA JOHNSON LATASHA WILSON JIMMIE JOHNSON LATASHA WILSON SHAUNESE JOHNSON PAULA HENDERSON MONIQUE JOHNSON PAULA OLIVER HAROLD JOHNSON PAULA WILLIS TERENCE JONES DEBORAH BOYKINS ERIC JONES EDITH GARY DEANNA JONES EDITH JONES MICHAEL JONES ELIZABETH ADAMS MARKES JONES JANIS MASON GILBERT JONES STEVEN SR JONES STEVEN JR JORDAN BEVERLY MULDROW NATHIRO JORDAN MATTIE DUNHAM CYNTHIA JORDAN MATTIE JORDAN SKYWATER KELLY VIVIAN KELLY CORDERO KELLY VIVIAN KELLY JENNIFER KELLY VIVIAN PHILLIPS KANETHA KING GEOVONA THOMAS BRYAN KING GEOVONA THOMAS RHYAN LA'ROY DEMETRIUS LA'ROY BRANDON LA'ROY DEMETRIUS LA'ROY DEMECA #1Minni:s �' ATTACHMENT "A" G-LAST G-FIRST M-LAST M-FIRST LANDRY JENNIFER HOLLOWAY ROBERT JR LAWRENCE TRESS ARMSTRON PRINCESS LITTLETON APRIL MULDER JAMISHA LOGGINS TONJA LOGGINS AMEER LOGGINS TONJA LOGGINS ANTHONY JR LOGGINS TONJA LOGGINS TAALIA MARKS LEAH MARKS JORDAN MASON JESSE MASON JASON MASON JESSE MASON JESSICA MAYS DEBRA CONNER ANTONIO MAYS DEBRA ROBINSON SHANMESE MAYS DEBRA TURNER ERICA MCBRIDE BEVERLY LIPSCOMB TIMIKA MCBRIDE BEVERLY MEDRANO SHAUN MCBRIDE BEVERLY WHITE SHONDA MCBRIDE MACK JR MCBRIDE ANTONIO MCBRIDE MACK JR MCBRIDE MACKENZIE MCBRIDE MACK JR MCBRIDE MICHELLE MCCORMICK LEE MCCORMICK JORDAN MCCORMICK LEE MCCORMICK JOSHUA MCDANIEL ROBIN HENDERSON MICHAEL JR MCFADDEN BOBBIE SATTERWHITE JAMAICA MCFADDEN BOBBIE SATTERWHITE RASHEAD MCFADDEN BOBBIE SATTERWHITE ZERRICO MCFADDEN BOBBIE SATTERWHITE ZERRITA MEJIA JAVIER MEJIA ANTHONY MEJIA JAVIER MEJIA JAVIER 11 MEJIA JAVIER MEJIA JUANITA MEJIA JAVIER MEJIA YVONNE MELSON ODESSA MELSON SEAN MELSON ODESSA MELSON SHERRICK MILLER ANGELA D'ANGELO LOUIS MILLS SEDRICK MILLS BRANDY MILLS SEDRICK MILLS SEDRICK JR MILLS SEDRICK MILLS TANGIE MIMS CECELIA MIMS ANGALEET MITCHELL DEMETRIUS DOUGLAS DE'ANDRE MITCHELL DEMETRIUS MITCHELL JAMES MITCHELL DEMETRIUS SPEARS TALIB MOLEX SHIELA MOLEX ANTWAN MOLEX SHIELA MOLEX GABRIELL MOLEX SHIELA MOLEX GLENN MOLEX SHIELA MOLEX LAKETHIA , MOORE DORIS WRIGHT YVETTE MOORE DORIS WRIGHT YVONNE MORRIS MICHELLE AMOS MAKEIBA MORRIS MICHELLE AMOS TIFFANY #3/Minors 6 r. ATTACHMENT "A" G-LAST G-FIRST M-LAST M-FIRST MORRIS MICHELLE JOHNSON ROXANNE MORRIS MICHELLE OVERALL MICHAEL MORRIS MICHELLE SAUCER ANTWUAN MORRIS TAMMY DANIELS MARLA MORRIS TAMMY DANIELS TAMARA MORRIS TAMMY RUSSELL RAIZEL MORRISON KENNETH MORRISON ANTIONE MOTT MONERLETIA WALKER JAQUILLA MUNSON WANDA MUNSON DAMION MUNSON WANDA MUNSON DARIAN MUNSON WANDA MUNSON ULYSSES JR MYERS FRANCES MANUEL DREAKA MYERS FRANCES MYERS D'SHAUN NETHERLY IRA NETHERLY DAMION NEWKIRK JOE NEWKIRK JOSEPH JR NEWKIRK JOE NEWKIRK KAELA NEWKIRK JOE NEWKIRK KYLE ODEN RACHEL ODEN MARCUS OLIVER CHARLESETTA OLIVER RONALD III OTIS WINNIE GEORGE CRYSTAL OTIS WINNIE GEORGE TYWON PAYNE NINA PAYNE TANISHA PAYNE NINA PAYNE WILLIE JR PERKINS PATRICK PERKINS JASMEN PETE EVA PARHAM MARCUS PETE EVA RANKINS PATRICK PETIT EDNA KENNEDY CIVONA PETIT EDNA KENNEDY CLARENCE JR PIGGEE DONELL PIGGEE KENYA PONCE LETICIA PONCE JORGE JR PONCE LETICIA PONCE LORENA PONCE LETICIA PONCE MARTHA PONCE LETICIA PONCE SUSANA QUIST LESLIE LOPER ISMAEL RAGLON SHAVAUGHN PETER SHANTELL RAGLON THERESA RAGLON RAMIL REED RUBY JACKSON KIMBERLEE REED RUBY MCCLAY BIANCA REED RUBY REED EMMITT REED RUBY SAMPLE LORI RICHARDSON LEE THREETS MAHAGANAY RIDER BARBIE EVANS ELAINA RIDER BARBIE EVANS MICHAEL RIDGE ELAINE PHILLIPS ROBERT JR . ROBERTS JACQUELINE MILTON NAKISHA ROBERTSON HENRY SR ROBERTSON HENRY JR ROBINSON ALISA WALKER DESEAN #3/Minors 7 ATTACHMENT "A" G-LAST G-FIRST M-LAST M-FIRST ROBINSON CLEVELLA ROBINSON JAZNEAL ROBINSON CLEVELLA ROBINSON MERCEDES ROBINSON CLEVELLA ROBINSON SYAIRRA ROBINSON JOYCE JOHNSON VANNING ROBINSON JOYCE MCGOWAN MAURICE ROBINSON VIVIAN ROBINSON VANESSA ROGERS JOHNNY ROGERS BRITTNEY SAECHAO SANLIAM CHAO CHAN CHIEN SAECHAO YOON HIANG SAECHAO KAO HIANG SAECHAO YOON HIANG SAECHAO NANCY SAEYANG VERN HIN SAEYANG KAO HIN SAEYANG VERN HIN SAEYANG LAI HIN SAEYANG VERN HIN SAEYANG MEUY HIN SAEYANG VERN HIN SAEYANG NAI FEUY SAEYANG VERN HIN SAEYANG NAI HIN SAEYANG VERN HIN SAEYANG SAN HIN SAEYANG VERN HIN SAEYANG VICHAI SAMUEL VERONICA RALONE GEORGE SEWARD ANGELA SIMMONS DOMINIQUE SHUMAKE ANDRE SHUMAKE ANDRE JR SHUMAKE ANDRE WRIGHT CHARLES JR " SIMMONS REGINA JABARI HOWARD SIMON SABRINA MATTHEW KEITH JR SIMON SABRINA POWELL RAMESHA SMALL KERI SMALL KERIN SMALL KERI SMALL LAURYN SMITH ARKUERIA FRANCIS CARLOS JR SMITH DEBRA J WILSON SAMUEL JR SMITH MICHELLE SMITH ARIYELLE SMITH MICHELLE WHITE JOWELLE SMITH ROBERT SMITH RAHZEK SMITH ROBERT SMITH RODSEY SOLIS DIANA SOLIS JEROMI SPICER LORINDA LEAK LAURA STEVENS ELTON STEVENS ANTOINE STEVENS ELTON STEVENS LATOI SWANSON TENA ' SWANSON DAMIEN SWANSON TENA SWANSON TIFFANI SWANSON TENA TIGNER PHILLIP SYMON DONNA JACKSON DANETTE SYMON DONNA JACKSON JONATHAN TAYLOR JACQUELINE HILL SANOVIA TAYLOR LAWONA GLASSGLOW TIFFANY TAYLOR TAMERA LEWIS TAMEKA TAYLOR TAMERA LEWIS TAMERA TAYLOR TAMERA LEWIS TY'RISHA THOMAS CHERYL' CARRIER MARQUITA.'. #3/Minors n ATTACHMENT "A" G-LAST G-FIRST M-LAST M-FIRST THOMAS CLARA LYLES TELIYA THOMAS CLARA LYLES TERAYE THOMAS CLARA LYLES TYRIKA THOMAS CLARA SALVADOR ANDRE THOMAS CLARA SALVADOR KATIE THOMAS CLARA THOMAS LEE THOMPSON SHIRLEY FINDLEY ANDRE THOMPSON SHIRLEY HILL EBONY VAUGHN . EVELYN VAUGHN FREDDIE VENTURA ALICIA DIAZ MANUEL VENTURA ALICIA DIAZ TERESA WADE DANIEL WADE EGIL WAKEFIELD MICHAEL WAKEFIELD DAVID WASHINGTON BEVERLY WALLACE TASHMA WATERS JANICE WATERS DAVRIN WATERS YOALONDA CLARK DENISHEIA WATERS YOALONDA ROSS ORLANDO WHATLEY CARLA FELIX ANTHONY JR WHATLEY CARLA WEAVER SHANIKA WILLIAMS BETTY WILLIAMS TONY WILLIAMS BETTY YOUNG RICKITA WILLIAMS CHARLES WILLLIAMS AARON WILLIAMS TAMMIE HARRIS RACHAEL WILSON GLADYS GROVES AIMEE WILSON GLADYS GROVES MEGHAN WOODS MONIQUE GORDON ALASJUAN WYATT TERRY BONDS ALBEN WYATT TERRY GOODEN CHARLES YOUNG MARILYN REED SAUDIA . #3/Minors 9 Z Lo County Counsel CLAIM MAR 1 1993 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA flfiartinneb , CA 94553 Claim Against the County, or District governed by) BOA O ACTT A the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 23, 1993 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: $5,000,000.00 Section 913 and 915.4. Please note all "Warnings% CLAIMANT: ADAMS, Carmen; ADAMS, Jeffrey, et al. ATTORNEY: John L. Burris Law Offices Date received ADDRESS: 1212 Broadway, Suite 1200 BY DELIVERY TO CLERK ON February 22, 1993 Oakland, CA 94612 BY MAIL POSTMARKED: Hand delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �H{ DATED: Febraury 24, 1993 BTIL BATCHELOR, Clerk epuII. FROM: County Counsel 70: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. Q\') 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: 1 �4A*w Dated: A0A d/� / 993 BY: (,', Deputy County Counsel 0 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 ( k1 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: MAR 2 3 1993 PHIL BATCHELOR, Clerk. By . Deputy Clerk WARNING (Gov. code sectio 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. *For additional warnina see reverse side of this notice. 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: MAR 3 0 1993 BY: PHIL BATCHELOR Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tart Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort C1 a ir.:s Act. I NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: JOHN L. BURRIS, ESQ. 1212 Broadway, Suite 1200 Oakland, CA 94612 RE: CLAIM OF: ADAMS, Carmen, ADAMS, Jeffrey, et al . 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: [XX] 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. [XX] 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. [ ] 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 . [XX] 7 . Other: Separate claims should be filed for each claimant. VICTORJ. ESTMAN, County Counsel By: �� i, Dep y unty Counsell- CERTIFICATE OF SERVICE BY MAIL (C.C.P. SS 1012, 1013a, 2015.5; Evidence Code SS 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; 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 addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: March 4, 1993 at Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE SS 910, 910.2, 920.4, 910.8) • l• zo In"ECE EDD Y.'10 FEB 2 2 Ig, li CLAIM AGAINST CONTRA COSTA COUNTY r�;ERKBOAR F 'ERVS CQ'�TR 4 oTA CO* p _J CARMEN ADAMS, JEFFREY ADAMS, et al . , ( see Attachment A for identities of additional claimants ) presents a claim for damages against Contra Costa County, and employees DOES 1 to 25, in the amount of $5, 000, 000 . 00 . CLAIMANTS ADDRESS : Law Offices of John L. Burris, 1212 Broadway, Suite 1200, Oakland, Ca 94612 DATE OF OCCURRENCE: August 22 , 1992 PLACE OF OCCURRENCE: 130 Nevin Avenue, Richmond, Ca, and surrounding area. SAID CLAIM ARISES FROM FOLLOWING CIRCUMSTANCES: On or about August 22, 1992 , Gary Patigle owned and operated Electro Forming Company, a chrome plating shop, located at ornear 130 Nevin Avenue, Richmond, Contra Costa County, California. Said shop, which was situated in or adjacent to a densely populated residential community, had a toxic chemical release that caused a cloud of toxic gas, nitric acid and other toxic and non-toxic substances to spread to Claimants ' person, residence, real and personal property, and ground water, and thereby illegally trespassing upon Claimants ' person, and their real and personal property. Prior to the incident, the City of Richmond and Contra Costa County had conducted numerous inspections at Electro and was aware of Electro ' s numerous storage and disposal violations of hazardous waste materials . 1 DESCRIPTION OF NATURE AND EXTENT OF DAMAGES OR INJURIES: Claimants ' injuries include but are not limited to: Emotional and physical injury as a result of being exposed to ultrahazardous activities, toxic chemicals, toxic chemical smoke, soot, ashes and various other unrevealed toxic and or foreign particles and or pollutants that were dispersed into the air, soil, ground water and trespassed upon the person and property of Claimants during and after the incident and with the discepating gas toxicans and shop clean up. CAUSES OF ACTION: Negligence, strict liability, strict liability for ultrahazardous activity, nuisance, trespass, negligence per se, violation of statutes, fraudulent concealment, fraudulent misrepresentation, and intentional and negligent infliction of emotional distress . Dated: ?�Zz/�3 OFFICES OF J BURRIS J N sq. t r Claimants 2 . .., .. . ATTACHWNT "A" 1. $1.. ADAMS' CAIAM�N . Mt4M S IM AG ..t•'., fF�.'�ti:.' N Del A ,S.APi.� 1A . A'BA,O, y V�NQNI" A '$T; q R Q A B 'QK: RY BO TH' ` trAj;I ' wy o Ab A.0k AD ' BRA ..R� '; !�,�? t3N� L�AV1(A NA �' RAfI` E T bm 'SPAR Q0,S' ' DWAY ; TTACHMENT "A" If 41 Ml P,F, 'RWM ANCA f x,1ti;,',> r'.�": (L�j'{•�(h',j�V�{'■//J�Vr,' _ •' 'J.(�.(�1j`.}lI(� eM r,t{i.Ayf ' , t,Ft'(x, 't�• i �.'FO`x'f.�• +S � 'I •. i •t`.Y �M/V"•'' • . LA 0PK ; •j :�. t ; '� Via; ; �'fie `�;i �Y• � ' �j8/yrt IT TIN t .. .r ,',.�`+�'..�.6,ySlY�tf:T�� i.�l•' � 'iY' {� rti� ' ' IVARHON Nh ity CKY •`^rr .Y,t 1,J Lr.'7• S• "�IYI!11 NY :DILL R. ;;:,A�.TTAGHMENT "A' -AN . .AME ' q �:u [ , C=QQ WN.Q.�� :FQ �; t ' ' H: ► sA N�' AH ' .' • I G)q�, r ; ' ; • • , • •TR,I 11.JY'Y 1,0;14-I•'r , ,.HEN; p "'„777_••. ,./H�JJJ�NP+ kj lJjL1,01� C? `I ( C : a'__VA OP' r�a ! El s` Y' NARF? fi� 1. SH a�;, r �.r0Ft; NQA + �Rl5 ; ' AI�CNE ANA IpI Its.,. 'UMts. A000 w!GS ; sH ,�� nr IONT AC ),AQK864 NARA. � r 1 � ;SI FA . . s `i; �, ;�><vE , AR?p . .. ! ' t• i • \'i �J�,t til..((� ;•Nr�,•= . Ns Ct 00, .ACS' ,'`.\`�' !"'/� S `';,'';1 ♦ • �\ K� •!,• , .A 1• .t''\T'p�,il�'•� •},, •' 9 L�Ln,��Lr' 1,' ' • ;";•;`;`+,•�''•,t )r 9 �:. Int♦,j ' 1 =♦,` . . :�rsh, .��t:..l.'.•�i�•i '1`•. � yt' ��` ,�'. • L .�lll ,�l `� �';�.,,�,.. '�:�,,.((�•�V,,.,,��wj•,(�,t�jam,'!'�' � ., ,' .t,�,j�'•,��,�' ���` . '.;.'t+!•.5,��''''•,•.`♦�'��Y,•{1+,�;i ''KLJ',;•yl�i ='S '_'•'_' �A(1���,t l_', \ t ' ';fit?:��S'� `'` '.♦♦ _ `�'";• K. h': .♦,�tY'i 1. _(�''+]_ �♦�•�,,_/,' •• '+ ',!• t ,``�J ,{{ 1�. ' .•,. :,�' ' - -ATTACHW T "A" IAI . r;' . ' .I � •NAME .46 41 so M ` E.(►�!(1/�.�{l �,,: `,�.�� :_.: :�.: ��!;:1:�.�•�t�l:.lt��',,! `;�r •BAR, „�, V, TTA t 001 NIX Rk1BY hI ��,Al : ' rH • SON r !, .. • STEVEN .}: '' : : • CHANe 8 F r slr` ' 1•;:' TNA TIN�.Qj� �I~'� 'fMQM AH ' TAY/ �/�j 1:���1•L,.•�r�' I1� ' `II.IC.I' AY. 1, ,';•Ij''''' V,4,L J Flo�{. tiJ VJ l� ,.•WAVE 1: ViE •:E 1 Ir�• �r 11il4IE�; All X1111 . y .•� i�VAN.•.A -WA'*fk1N.5T,c y�"�,Kt,! WO �Cll Tt ALF WIM°IAM$1D 'ir ' . rYIllVit: �YYYY� ;,��'1 ,,tl .� ±•:,... �lCj�f(+''}�'(�/^Il'r:• �; • 1'J��.�h?,. '•E;}�'' Y •., + �y` tt'"1�:`t'rAylfiVl.���r i•� •• WN •� SS•, � III � �Ji;•y+S,.-,a{..,Cr.`.. rt, •"y ' . •r e�ii+j o ' , 1 01- i) i N t{ `, '111+1'ySi� ik,'r• :.' 413'�i/1 .�lM' Iir County counsel CLAIM / [AAR 1 1993 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA k cxi[IiIGZ, CA 9455 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 23, 1993 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: U nde ter miend Section 913 and 915.4. Please note all "Warnings". CLAIMANT: AKERS, Patricia ATTORNEY: Jeff Silvia, Esq. 6 South El. Dorado Date received ADDRESS: Stockton, CA 95206 BY DELIVERY TO CLERK ON March 1. 1993 BY MAIL POSTMARKED: hand del-ivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: March 1 - l n9� BY: Deputy ll. FROM: County Counsel TO: Clerk of the Board of Supe 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: J! J Ai4k BY: Deputy County Counsel 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 ORD 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 date. Dated: MAR 2 3 1M PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code secton 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, *For additional warnino see reverse side of this notice. 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. MAR 3 0 1993 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County. of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. 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, 19879 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 Mor-M. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RE: Claim By ) Reserved for Clerk's filing stamp r r. RECE VED it Against the County of Contra Costa ) or ) 11993 IY District) Fill in name ) ,C:ERKBOARD OFSUPERVISORS GN RA COSTA CO- . 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: ��, y,� 1. When did thedamag or in��'Y a occur? (Give exact date and hour) ��0-,7 w-wwN-wwwM---ww 2. W6rbe did the damage or injury occur? (Include city and county) / 3. How did the damage or in occur? l/���//(Give full details; use extra paper if required)( ' �(�� o� C! Q�_ inti 4: Whatipticular act or omission on the part of county or district officers, : servants or empl yees ca the injury or damage? /� U & ` /, (////fffx/// • /�-e� !. - • y !I ill ��/ A 4Z�/((o/vveeerY)"� ,��� � •-tK-l7 ��r` f �Yvus E.IJVV Yea 5. What are the names of county or district officers, servants or employees causing the damage or injury? _VL- --- ------- 'L—t:4- ---------------- - 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attac two est�' tes for auto amage. D n� �-- -max 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage ) �] aures and addresses witne es, doctors and hospi 1s. / i ac, r��-a"z_h- C - =C�.T•._. lt,,, a,�• r ------------------------------ 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney e r- or some person on his behalf." Name and Address of Attorne V r"A- (Claimant's Signature) A� DI a P A-C---> v Address Telephone No. ®� (o- �� Telephone No. A NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, 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. I 111.I!1DEy(rr!FICAIr0N al:U A 01C.1 •;:) STOCKTON POLICE DEPAA MEN'T !) t CfiiMS;R£F'OHi NO. CUSTODY f . CRIME REPORT .YES NO JUVENILE P iku f'::.0i CRIME(MAJOR OFFE14SE ONLY) B MO7 D.AII:(51 B ,r 9 fIFdE OF OCCURRENCE 10.DAY OF WEEK _AR ,+'�.. ` ✓" ��/ ;4.Y `�� .-> )CATION Of OCCURRENCE(OH ADDRESS) .......-_... f2 FIRM NAME(IF COMMERCIAL) ••--_ �" a,.r;:..tl.\.�ir � :H.,-,,..-_ :...., CTIM'S N.ALE fFIHST.MIDDLE.LAST) .----- .. 1t RES.OEt.'-E (,FIE .__....._.-...__. ...__..- - 15.(iESlOENCE P1fDNc "::,A IVLOYt:R 77�RACE 78 SEx 19.ni,E :0 DAfr 0 BIRTtI 21 HUSwES;:S!:F(nOt.ADt3F7[SS 22 .. .. .. __. �:..•• BUSINESS PHONE ,-- RIs . NAME(FIRST.MIDDLE.LAST) 2a fIESIDEFICE A!)fME S`.; 2S.HESIDENCE PHONE .!F'f.OYEH 27.i•7A(:E�29.5F.x 29 AGE. 30 i)ATE OF(,+IA'7Sf 31 LIU�I:tE:,.S':,(,EIJC'( A(.)f.%+7ES:r c ���cj�.G�.t-/ r`/. ,� %�''�y� %�;�_��' =�i_. Jc� _ `�c=�•� ,��'/ 2 -:�f:�r,�l..�= ,r'y'- `t'�3 ()p 33.NAME(FIRST.MIDDLE-.LASTI 7a RESIl:11:N(:E Af)Ofli=55 35.RESIOF.NCE PHONE -- f7ACE 38'Ex 39 GE 40 DnTE OF BIF:7rs aI t(I..::,itJE.,S•:'�(:Fr:l(�I. .a0()I!iS:: 42.6U5INESS PHONE 7=f Rgpq t^•� �p� r•'( 43.ADO'L PERSONS Pi.rl(:E.of: 0 STRUCTuAr- E_3 STREc'T/ALLEY ❑ OTFIER 2A 17ES(.171P fIOt7 OF fffr-s-it1 .(E:i10E P!T(AL L--.}}i RF_CA£.4TIONAL ❑ OTF{Eft 'l --------_-•� S(J("OUNOING L! ausit1C::S� �_7 INSTI rUTIONAL-, LISTED? F r-� f+ L_J vErffClF' L_a LOT.PARK/YARD -----�---- •-1 r.A ❑ u.i n./.;nu.a(. 1.1F(G L� OPEN SPACE_ YES ❑ NO TYPE OF STF71_1(_TURE Al r'OIF!T OF f'.r1TRv 1 q F,_t F_Tr+On I)f_FNTRY 1'J -•--- - �_----------_5USPECT ACTIONS - ._.___ ._ _ _ __ _- Fy^y .._ .__....___ p loin^Rtv_ucn(:a1 I N,A ❑ SIDE ` 0 WA 0 1 Indic at+cn Mull 1I 18 UnOCcupiad Bldg. ❑ 34 Msaturoa:od -. F1n�cenl+al CUnvan.ence ' Q I SillFam.:y FRONT ❑ GA LEV ! E) I nur:n+pl Dnp+ Soso*cls ❑ 17 OcCup,ed Bldg. 35 Struck V,Curn 2 Feslin (Fcx,d Dwelg I Q P �-1 Ali L_s UP l rV I O 2 tro Fn+ce ❑ 2 Van(lal,iuU �a❑n 18 ProOtrea Efll ❑ 34 Df7robod fully 3 Aes r;:u+anuH®+ Q 2 Apt.Condo r� t-•1 ❑ 3 flansacheU am 19 Infficted Injury ❑ 37 Dlardned t.l () IJnk naw!1 � L1 :1 1<eyi vl:p Paniafly r wall F...c+: ❑ M forcod Vici;rn la t 1.1,,,y+Medic�el I ❑ _;L7,:ule+rTown �� 1 DUOt � ❑ Y �-� a (:e!e:ca+r.: ❑ 30 DlinCf Oldod 5 Gaa 5lahon II 5 Smohea or.•'rnnt MOve A HOIci•M01c1 ❑ 5 L'awi(.'lnWf3,un {�� 2 Winanw 1 t Ylctun 6 flawed+Sery + II eS Ou,•�1r ,o'n 6,Imnq> rl AIor D,anv Un Pem It-1 21 U»O LoekcutiOrwer ) 11 38 Milds Threua❑ 3 Srnq G!aa E ,- ; IJse. h(elcef IUr 22 Thl-aetonod Retal•0 a OuCtrvenr ❑ 'la HBO B P,oe W,encn _ :.'ynr iah^.r. - Tarde++ir ❑ $ AUy.Budu.ng ❑ ti UID ! 9 E.ntteta:n,Aec i - --- J fall,lrun 0 It Alarm D.,ahlear U 23 Tuch vlCurns Vat! ( r1 Q 6 qo<:r+door ❑ ® rt^^ ❑ a2 Oemandsd 1. IC Pu bl.c Bu.1O,ng _J 1 A.1Lc ❑ 10 9nc.i'Roc. BYpasaeo D 24 Olsacled Phono / [_� 7 Wart I� ❑ e3 Fitad Weapan f 17 InOualriel (r1 2 Ba.admeni r--1 ;;--11 LJ 9 Knew LUca[.On GI ll'�, lJ 3 BefmoOm ❑ 8 Geroge L_1 11 Unh P'y[far l.! 25 Sunw;Anrisd ❑ 4A Other i 12 Omer I U t7 Bon C�nle.sr !Irelaen Cav, ❑ 2fs Shut CII Powor Ci ❑ 9 Haaernenl , ......--.-•------.--.._--... a Boaroom Pliers L! 1!7 Seiecl� ,r.I..,OI ❑ 21 P.rwnd)Gagged Victim l ariycslal ❑ 5 Der, ❑ (0 OII''er ra I 1 Caah Roc)+O,e«ar G 17 Puocr, C.. 11 Turn i)r,Iy Tvl51ae0 ❑ 28 lJ seal Oers,and NUI? 6 Fam,ty Roert1 .__._____.-_._...__-. , tnt 2 OwncnErnplo Yez EXIT -..-_�_- ❑ f a w.nuo.+tin.;sn 1 l ook(. y Mnney �.. 29 Planed Propariy in ❑ 7 GeragerCa,po,l --,� ❑ [] 1:1 four.r:)nr Cun- 3 SAle.Hua r'1 -- ------ I5 iahe,:r„e r Sae.upocael II LJ J K,Icnen -at AF7 AI SYS7EIr { caulanlca a Von U,ng Mecnme rn•� u, Scre«nr.v,:r _I ❑ 30 R+pf>�Cul CInlhing El 9 L, Ag Room I NIA �_7 Ia Usna v,C. Y::r.Ia - -------- .j S D.apuv aorto u E0 Sloraga Area I � ...11_O!nr,_...-'----'--- I❑ f❑� 31 Ua.od V,c(im'a Name Yes ❑ 15 vxnlcle Needed I. ❑ 32 M,4-.led Viclun 6 G,slun+a ❑I I Olner NU La --____..._.-----_... Fremu.•a:'ruper•y ❑ 3.1 lJn Uauel OUorlal E'rl(h IM.F ❑ IFINakwul(TS ❑ i vff(laf. ❑ 1 STAINS 5t 0' 'r SIiIUN OF . P52 PROPERTY CARD 190.- 08fAmff3. ❑2OTI(EA MIN 1.5 m 5 Fil s 6 I31.000ISEMEN !� o Irwe El w•EAPUN,TOOI s Cl 6 HAIR 9 D1HE9 SERIAL tMANO,MAKE:OR 5! M130El NAML" 3 SN 59. `.-v ARTICLE NAME NUMBERS MAf•tIJFAC;TC:-'i f:R MODEL n„)he(1F.R5 MISCELLANEOUS DESCRIPTION LUE --_._....A. -.......... --- �•(�'..rJ.a;J f tl J�.._.t 4 � J ,_,_.1__.4__�3...J �.h� U. ADDITI N erar q rr.:vrsrsa xa:. .. s'i: .n..o.,w.w .c +w.a.-.,...... - - ..... PROPERTY I LISTED YESC� pp ) NO S STOiEN 02.YEAR f53.AeAK£ 64 MOO£L SS QOuF SIV..f 66 COL0AX01 OR 59.�- 67.LICENSE NO. [[6T.STATE IYff EaYlnES Su IYECT :0 ADD.MEM.IDENTIFIERS(UAAAAGL.CHROME WHEELS.ETC.I )I VIN NO -u - - c T2. ❑ 73.VEH.DISPOSITION VEHICLE YES 'FOLD NO G ... •. :i OATEITINE OF MFPOA;(•r •' - ----- 75.RtPCRTING OFFIC E:R-- .2 1 - - ,- l 8 APPnov 0 Y 77 FO1.L011r-E/P C:TtME A£�OFIT NO. r-'-`------i---------- "-r S1.75PEC•T¢l:NAME(F+FTST.MIDDLE.a5T) )0.RACE a SEX 91.AGE a2.OAT i7F BIRTN BJ.I{T: 61.Wi. AS.!{q H, Ca ECE$ al.SL1tLD NIGKNAME','APaA - - $0.SUSPECT'S ADDRESS- - . _ 4 90 3T0CKT0N NO. OI�SUSPECT alNAME 1jrIkS7.MIDDLE.a.AST)- _ .RACE 9.T.SEX13 >N AGE i ti�4.DA�F'E OF©IRT1i B3.!•IT. 07-Wt'. 0@,!{AIA Pyr.EYES FtHI.BUILD r i 101.NIC.KiJAMEJAKA 102.SUSPECT'S ADORES;1 _ - 707.STOCKTON NO. +IO4 _HAIR LCsIH/t YPE IUS.HAIR-STYI�F`�1`J8.FA(.-;IAL.HAIR 107. >A PI�KX QN 7(X GFN APPEAJL-_�L 109. DEME_!±Q! 110. SPEECH M_ VOICE- 1 -2-SUSPECT` 1 2V IJSP£CT 1 2 SIJSP£CT 1 2 Sl/ s_E(_T 1-1 2 SUSPECT 1 �U PF:rT _ 1' ;;Z S115P£gv-.. t j 51.15P£CT C-1 o Unk. �❑ C} o Una. t❑ ❑_ o U.S. ❑ ❑1 U link. [.J ❑1 o Unk. ❑ 0 o unk. ' ❑ Q 0 Unk. ❑ ❑ o Unit. [� 1 Sold Cli Aft cr Nal. ❑ [� 1 Clash Sit'. ❑ L_J 1 Acne [J ❑ 1 Cowls- ❑ 0 1 Arrg ❑ ❑ 1 Accent t DI utsad a ❑ I N aC C) ❑ 2 Cotter ❑ ❑ 2 Braids": �� ❑ 2 Full Bid. C7 [J 2 Dark }E) El 2 Dir [ '/(°''�� 2 Awaiorarle ❑ 2 Liss 2 High Pticn `�t) (❑1 J Long ❑ 0�-�t ]Bushy U ❑ J Fu Menenu rL-.J LJ 3 V,11.Flnd I.l_--J11 f0 J bi,gup. Hr--1 9 7 Celm Cl 8 J Alumbl¢a- 0 LCuJ j L r ❑ 1 S1ldulder ❑ L.-1 A Greasy ❑ [� d Gr:alee C, ❑ A I-ight [.1 ❑ 4 Flaany Ll L7 1 O!sor4 .❑ ❑ 4 OFfenaw �•t l Lo.Pacts Ii i_.1 f❑f-�t 5 ShoA r❑-1 ❑ 5 Military t ❑ H 5 l.owar LiP i ❑ Lf-Jt S M¢wum [_� ❑ S Ga.Looking ❑ G S IrreL ❑ C 5 Owal LI 5 Msdum 6 Pec¢c:inq tI-.�Jt ❑ 8 Ponysed ❑ Cl o Mr.:stscnd L.-1 :_J a Psle t❑� ❑ 8.tti:rlary, ❑ ❑ 8 Narvdus ❑ 8 Rapid r❑^1 t❑t 8 Monotone ----"----^'�"- L1 ❑ 7 Pror¢ased ❑ �f---�1 7 F.otx {-I f❑I-••11 7 F'txlnJ [I ❑ 7 Unkernpt I ❑-�t ❑ 7 Polito ❑ ❑ 7 Slog 0 s_i 7 Naaal I (.:uet!a ❑ 9 a Sfrsrgnt r[1 ❑ a SAL'urns [-J t_1 8 ituwiY 0 '.1 8 Unusual Ud. !L-I CJ 8 P!dlaxi. ❑ 8 Stutters ❑ Q 6 Plaasan( f[C� 2 Fuw ❑ L 9 Wavyr Cully I L 1 C1 9 Unsna,an ❑-1 LJ 9 iann¢J l:..l ❑ 9�tinil C+r. I_1 El 9 Stupor U L 9 Talk ettve f❑'1 C) 0 RASPY �''11 rL-'t1 9 Thir_a ❑ [,J tC:Vrq ❑ LJ 10 Gthor 0 0 10 Gthw L_J ❑ to Omar 11 0 !U Violent ❑ 10 Slurred LJ ❑ to Son I LO iJ 4 Thir,n�n0 ry LD ❑ ❑ II Other '} 'Y7 [.; t-_! !1!�rewGut Cl ❑ I1 OIAM ❑ lJ I1 Gtner ❑ [_ 5 Wiry [, ❑ 12 Din" ❑ 6 Other __.L. ---- - ----- 12 RjC-IjT74EFT 10, 5��:aPECT_rrOITE _ 114 CLASSES I75. ❑TATTOO❑SCAR! ------;) t SUSPECT 2 SUSIIECT 1 2 SUSPECT 2 SI.1Si1EC:T -_ 1 2 SUSPECTItI T i? o link - 0 o t3na. ❑t o Unk. ❑ ❑ o t.tnk. ❑ ❑ o Unk. 1 Right ❑ 1 Set MasX_.._-._._- �_3 I Skt IA.,.__-.-._..--._- ❑ ❑ 1 Nona ❑ ❑ 1 Esl(emay 21,01 r-- _ f xCF .._ i l_J 2 Slocsrng Mask_- --_i ❑ 2 S11•:k-9!As1s- ---�-- ❑ ❑ 2 Sunglasses ❑ ❑ 2 BPoy I 22--t1 SIJ$PE_CT t❑1 J:.'ap'list _.- -._____ I Cl 1 CaG/t+al___.---_-.-------___.- ❑ ❑ J CJlas.ses Q ❑]Face ❑ LJ 0 Una. _._ I L 1 a Coa UJeck at ❑ a Cosu.tack'a--_-------- Wins Frema 1 SCuare II[j LJ ! • ❑ 0 LJ 4 Plctune C'tr❑tt - S Shut-_.-- ._--_-._--._ ry _.___ --Plastic Frame [_.J EJ 2 11rgA ❑ [� S Nama!tnttials Cheekbone L_I a Penis-._.-___ Li It Pantx ❑ ❑ 1 Color - ❑ ❑ 6 Osnar ! 1 (-1 ShcesOther 0 ]t Ong -1 ' �J t __------.------__--- ❑ ❑ 5 f_] E1 a Broad - �_J ❑ 5 Th ❑ 6 G:uvas - - - -- L? E Gtd n�--- -------- -- --- -_ -._ �_J ❑ 6 Round C1. 9 Otnnr LJ Cl 7 Oval 17. w APON❑ N/A _ _ WEAP0N FCATURE❑N/A ~ S:J_FECT rtO- SUSPECT NO SUSP_E_C.T'_NO. Stt;;PFC;T NC7-----_�- - S6s' CT NO. "-- SUSPECT NO. I �2 I 2 1 2 t 2-_-- 1 2 1 2 LJ ❑ 1 Handgun -6 Butcha.'k"do ❑ ❑ y17 OTI+ER ❑ 7 Unknr. 11 ❑ ❑ 6 Lona Barrel ❑ ❑ 12 8011 Action ❑ Sh,et Mvn I ❑ ❑ 9 O!n.Cultrnq! !-._-.^.._--._-..--..- ❑ Cl 1 flavower lJ ❑ 7'Weslans Style Slab.Incl. ❑ ❑ 1:1 Pump ❑ t0t-t J Bass n ❑ IO Slranyu+aticrt f------------- ❑ 13 2 Aurnma!I- ❑ ❑ 6 Smae Bork ❑ ❑ 11 S.-d oil ❑ lJ a Simut aced G.I. 0 �-•'y (•� 1 t Hanc1-F¢at _ I ❑ ❑ 3 L+us Slaat ❑ ❑ 9 Largs Liora LJ ❑ I$A(!¢rad Stock 0 [l 5 Toy Gun 8.:,.jJv Force Cll+t o.ncr+��ck.-- ff--�� L7 6 G -, ❑ + ❑ ❑ 1i1 Double Bsrroi ❑ ❑ 10 Other t.-1 om-Line. .n ef CJ r . _ Li L! bort Barrel L7 ❑ I i 5m Barrnl ! L.3 ❑ I POCknI tl niln -.___..._-�__--__-�_ _______•_.__._.--___-__ _10-0 _ q 1119 AUDI i IO.'AL WEAPON DESCRIPTION 120.-DGM'cSTFC VtOI.E.'!CE^ T i21.WEAP<)N USED I _---�- -YES❑ NO "til"'^-!-!, 1 ❑ FIREARM -❑ KNIFE OR CUl-fIP:(i 1:!S TRIIIAENi � PERSONAL.tiANDS.FEET.ETC. q OTHER DAIIGEi1OUS TYPE 1"2'2.WITNESS 127. CHECK YES LJ NO ARHEST MADE YES❑ NO 124 :4*PRATIVE ' -..fie rte_ � . fOCKTON POLICE DEPARTMENT i 4E QF CHIME . 245(a)'(1) PC. REPORT NO. 92--41054 .: :._..._. PAGE 3 OF dICTIM'S NAME RUSSELQ1.0PE'L - REPORTING OFFICE:—p__C. FLESHEIt D.--DIIFFY At 1723 hours, Officer DUFFY acid I, (FI.ESHER) , were dispatched to 2414 Montclair St regarding two juveniles being held fGr trespassing. We arrived at 1.729 }tours. We met with McGINISTER who is a counsel..or for theStocktonYouth Foundation, and works at 2414 Montclair St which is one of the homes that is operated by the foundation. McCINISTER told us that lie had detained RUSSELL and LOPEZ after lie learned that they had burglarized the hone. —(Refcr. _t_o DR.# 92-4 investigation. ) — While Officer DUFFY was talking with McGINISTER about the burglary, I contacted RUSSELL and LOP'/, s I was talking with them,--I could see that both of them appeared to , N� _ _I have beer batte.red:r USSELL and LOPE'. also a_ked"i.f they could talk to me outstide. RUSSELL, and LOPEZ told me thiat thuv were p.Ianni_nb to run away from the goup�� 1 home. They had left from a function that all. of the Poundation homes were attending, and � i I came back to the home so that RUSSELL could collect ii:i.s belongings. While inside of the 1--holne, RUSSEIL and LOPEZ also burglarized the "lock tip" room, and a small fire safe to get some-money. As RUSSELLand LOPEZ' wal.king� awr:!�f rciiii_`thT_;rot hone t_ rem heard and s.saw the group home van coming down the street cilcGINI:STER-w4s driving the van. McGINISTER stopped the van a-.s.h.o.z-t'.. d btance, from them, acid then ve.l.l.ed for the four boys hat were in i the van t '.' �et._.t}t<)tie._��i�j.El e-�:.__fiick_c_r.: 'these sul.�jects were suspects CHURCH, COLLINS, b AGUIRRE, and bdia2A-I:E2. Ail odf oi' the Suspects got out of the van and began chasing RUSSELL and LOI'6Z alio here running away fruit, them. Viten the four suspects caught RUSSELL and LOPEZ, they began hitting and kicking t- :ei \1 �( �(i1� ,�n1],"1 (} ?�A�I 7. l��a�i� f)Vd — to RUSSELL, and 'CHURCH andCOLLINShit and kic ced LOPEZ. __- The four SrYspects then escort c) _RU:. .. [IU. e'.;c3� �� or STO(�KT0QPUL|(�� |}�PTQ�NT -- -------- — — r-- TYPC OF CRIME 24 2 � ------------ L 1054 REPORT NO. 9 - nC-.n^ 70CKTOIN PC)LI".,E IDE PAIR P.11 iYPE 01: CP.iME 245(a) (1.) P(.' 9?_-•41(15! REPORT NO. { _ PAGE 5 OF _._.•_------_._.___—.___.—.__._.__—�� �' c'I'sNt`:i NAME lt1lSSC:L.L/Lf IE.� � � � ����� f�t_(�ubF�r��K��x�sM - -O• �FI.E�10ERf . _. ... . Y"S J - . y F. �stiR D"I3ilF):Y T h. later changed his story, two tt' rn �', i` .� ;..� rar 1r t�"tib~ p: were sheat to fi. ht, but that i he seperated them, and (then 1 e to me, that: fc _ t�f trlof Jiiue, lie c as 'otit ^of tii�e roots, and EYE - tha ,.. : _ some of r_l;e boys J9i_uL"%Me'_4! We also talked wi.th CHURCH, COLLINS, snit AGUIRRE. AI.I. of them denied that anybody had hi-1- or kicked either RUSSELL or LOPEZ. GONZALEZ. was riot there at -the time. lie lives at another home, and Mr_GTNISTER does not know' where he wa;;. Officer DUFFY and I later took RUSSELL, and LOPEZ to the Police Facility. While there, they showed us their Injuries. RUSSELL had some swell-ing, to his right cheek _ ! area, a -bump on the back of his head ,-abrasions_to both knees, pain and redness to teat ! wrists, an abrasion to his r.i.ght elbow, and he also con,n_l.ained of pain to his jaw, and pain to his left ani..1.a. LOPEZ had redness and a hump to his left wrist, bruising to his right jaw area, a scratch to his back, and he also eOmplained of pain to lii.s right neck area. ELT McGINNI.S .Cater took photographs of these i.rijuri.e.s. ---�_ We also tonic RUSSELL and LOPEZ to the County_!19 pi-ta1 tor_tr.eatinenC. T.f:e- T e�� bothexaminedby Dr. i•1.ARTINELLI. Dr. MAR'TTINELLI was concer.ned that RUSSELL and LOPEZ may have :suffered fractures, however, X-rays slid. not reveal. any. RUSSELL and LOPEZ were then released and c.l.eared for book.i.np�in.t.o Pett:rson HaI.L. While LOPSZ wrY3 l e ::'i r:duiired, Dr. hLt1RTINL:I.I..I discovered that he had a very large cut on fire irisi. ;....if tip lower lip. (This liad hap;)ened on -7_92 when LOPEZ had been .... g Involved in a f1. lit with ar.ot:her boE at: hLs }.,rou > home Dr. MAR.'.INELLI advised that this wound required sutures, and should have been_treated on the clay that it happened but 'that he could not do anything for it now, _._..•.. ..._.-_.___._ __._._._ I j_A _� C.00'L2. told rte that he ciici bring flit:;- (njiiry ?1eto the staff_ tl'i7it tajs on ditty _ STOCKTON POLICE DEPAlITMEI TYPE Of CRIME 245(a� �_ P� REPORT NO. 92-14 (AGF VICTIM'S i4AP.AE RUSSELL/LOPEZ REPORTING OFFICER C. il0wever; tl:ey did n-o r. n- hiIll tCl the hospl_taL f.or treatment. NOTE: While Officer DUFFY .:Ind T-were at-the �ro.up tome; -1 looked for the —_ stick and-the pipe that CHURCH had,-however, _-I-could pot find e ther one-_of them. RUSSEI_i^_ and LOPE; told me that they heard one of: the su.;I:)I�cts t..L17_ CliUli(:}l i before the Police arrived. __ .. I Po-1214 • �►^ PART ONCE CRIMES _ DATE __t' ����' _._._ EMPLOYEE e MARK ONE OF THE FOL.°,OWING NINE AREAS. NUMBER 1, 2, AND 4 REQUIRE THAT THE NUMBER OF VICTIMS BE ENTERED INTO THE APPROPRIATE BOX. IF MULTIPLE VICTIMS, NOTE HOW MANY OF EACH SUB-CLASSIFICATION. EXAMPLEc1. VICTIM FIREARM, 1 VICTIM KNIFE ETC. 1.CRIMINAL HOM.1sTDE(NUMBER OF VICTIMS) 6.LARCENY-THEFT (REQUIRES BOX 13 ALSOI A_MURDER AND NON NEGLIGENT MANSLAUGHTER A_3400 E OVER C__S50 TO 5200 8 MANSLAUGHTER UY NEGLIGENCE 8.--S200 TO S:00 D UNDER $50 2. FORCILIC,E RAPE(NUM8ER OF VICTIMS) 7.1101:OR VEHICLE THFFT/70Y Rl'u A_RAPE BY FORCE a__AUTOS B_ATTEMPTS 10 C0411T FORCIBLE RAPE B TRUCKS AND BUSES C_ALL OTHER VEHICLES 3.ROBBERY (ALSO REQUIRES BOX 12) AFIREARM t.MOTOR VEHICLES RECOVERED B__KNIFE OR CUTTING INSTRUMENT A_,STOLEN LOCALLY/RECOVERED LOCALLY C_OTHER DANGEROUS WEAPON B STOLEN LOCALLY/RECOVERED OUTSIDE D--STRONG-ARM (HANDS, FISTS, FEET, ETC.) C._STOLEN OUTSIDE/RECOVERED LOCALLY 4.ASSAULT(TIUMBF,R OF V_ICt'IMS) 9.ARSON INHABITED VACANT A FIREARM A_SINGLE OCCUPANCY RESIDENCE 8 KNIFE OR CUTTING INSTRUMENT B OTHER RESIDENTIAL C 29THER DANGEROUS WEAPON C.—STORAGE D_HANOS,FEET,FiSTS-AGGRAVATED ('Trootm ant nocossary) D_INDUSTRIAL/MANUFACTURING E_—OTHER ASSAULTS-SIMPLE (NO t►oatment noceasary) E_OTHER COMMERCIAL F COMNONITY/PUBLIC 5.BURGLARY ( *t CITE - FOR AUTOS [ISE 6 L.arr_enil_ G_ALL OTHER STRUCTURES A_FORCIBLE ENTRY (REQUIRES BOX 12 ALSO) H MOTOR VEHICLES 8 UHLAWFUL ENTRY I__OThER MOBILE. PROPERTY L ATTEMPTED FORCIBLE ENTRY 10.TIME OF OCCURFP2CE (ATA, ya_rtT_Crimes) 1.1.OFFICERS K LLED OR ASSUAI.TED (NUMBER OF VICTIMS) A 6 AY(0600-1800) A __KILLED BY FELONIOUS ACT BNIGHT0 800-0600) 8^ KILLED BY ACCIDENT OR NEGLIGENCE C TIME UNKNOUN C OFFICER ASSAULTED 12. PREMT5E/1.00 TT C)E__C?CC[1R c ""`T3 'I'H ,t TYPES.-LARCF,NY (Requires 98 above also) (APPLIES ONLY T RQI`�' IF L! _C ��) 0 (7 1f 1 i'-' - PO KET-PICKING A HIGHWAY, STR ET,`,�t@E ,.Jfhlyti� Q LQy,�It :;�' �PusE SNATCHING B BUSINESS •C) HER MAN C;,D, & C Sh1)PLIFTING C_GAS OR SEkVIE STA 011 !'`,} !+ �":t' ;'^" t'�i"i r �••; �- �,D_FR'R1 LUCKED MOTOR VEHICLE DCONVENIEHCE TORE S ► j..,t1_�_,�<�,a-� FROM UNLOCKED MOTOR VEHICLE E SINGLE FAMIL RESL"N F_M OR VEHICLE PARTS 8 ACCESSORIES F_APARTMENT H ►SE ± ; 3 r ( (1� y'�G I YCLES G_BANK SAVINGS j sJ �J Y: F�<= -`_-111a BUILDINGS H SCHOOL-INSTI UTI _FS JM ANY COIN OPERATED MACHINE I MISCELLANEOUS-ALL OTHER J ALL OTHERS _CLEARED BY ARREST OR EXCEPTIONAL MWS CLEARED BY ARREST OF JUV. CLEARED BY ARREST OF ADULT _UNFOUNDED, I.E., FALSE OR BUI5ELE5$ COkOLAINTS _DOMESTIC VIOLENCE _Z WEAPON USED ELDERLY 14.OB.TECT OF ATTACK � &Uk_A_haufic)_to_C16sie-ht __BjCMRED (RaLind to Closest S1 A CURRENCY/COINS S ....---.._...._.__......_......._._......._-- $ -- - — '-JEWELRY/PRECIOUS MET ALfi E- 0^_MOTOR VEHICLES S 3 — E_OFFICE EQUIPMENT S 5 F_RADIO/SOUND EQUIPMENT/TV S S-— —- G FIREARMS S �— L H HOUSEHOLO GOODS S R — I�OTHER CONSUMABLE GOODS S� S� J LIVESTOCK S - S-- . K_MI$CELLAWiCILIS%BICYCLE PO 14511 County Counsel CLAIM • BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA rAR 1 19 93 ivlartinez, CA 94553 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 23, 1993 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: $5,000,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: BURTON, Doris, et a1., for Jamie WASHINGTON ATTORNEY: John L. Burris Law Offices Date received ADDRESS: 1212 Broadway, Suite 1200 BY DELIVERY TO CLERK ON February 22, 1993 Oakl.and, CA 94612 BY MAIL POSTMARKED: Hand dei.ivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, ppHH gg DATED: Febraury 24, 1993 61�IL DepuLyLOR, Cterk 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� — 1 — 93B 4Deputy County Counsel I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAR 2 3 1993 PHIL BATCHELOR, Clerk, By . Deputy Clerk 17r" if WARNING (Gov. code sect n 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. *For additional warnina see reverse Side of this notice. 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 16; 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: MAR 3 0 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights' under the statutes of limitations applicable to actions not subject to the California Tort Clairs Act. NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: JOHN L. BURRIS, ESQ. ' 1212 Broadway, Suite 1200 Oakland, CA 94612 RE: CLAIM OF: Burton, Doris, et al . for Jamie Washington 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: [XX] 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. [XX] 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. [ ] 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 . [XX] 7 . Other: Separate claims should be filed for each claimant. VICTOR J. ESTMAN, County Counsel By: DepuV C my Counsel ek CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015.5; Evidence Code §§ 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; 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 addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: March 4, 1993 at Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE SS 910, 910.2, 920.4, 910.8) RECEIVED FEB 2 219 CLAIM AGAINST CONTRA COSTA COUNTY CLERK BOAR OF S' P RVIS S CONT A C _TA CO. DORIS BURTON, et al . , (see Attachment A for identities of additional claimants ) as guardian ad litem for JAMIE WASHINGTON, presents a claim for damages against Contra Costa County, and employees DOES 1 to 25, in the amount of $5, 000, 000 . 00 . CLAIMANTS ADDRESS : Law Offices of John L. Burris, 1212 Broadway, Suite 1200, Oakland, Ca 94612 DATE OF OCCURRENCE: August 22, 1992 PLACE OF OCCURRENCE: 130 Nevin Avenue, Richmond, Ca, and surrounding area. SAID CLAIM ARISES FROM FOLLOWING CIRCUMSTANCES: On or about August 22, 1992, Gary Patigle owned and operated Electro Forming Company, a chrome plating shop, located at ornear 130 Nevin Avenue, Richmond, Contra Costa County, California. Said shop, which was situated in or adjacent to a densely populated residential community, had a toxic chemical release that caused a cloud of toxic gas, nitric acid and other toxic and non-toxic substances to spread to Claimants ' person, residence, real and personal property, and ground water, and thereby illegally trespassing upon Claimants ' person, and their real and personal property. Prior to the incident, the City of Richmond and Contra Costa County had conducted numerous inspections at Electro and was aware of Electro ' s numerous storage and disposal violations of hazardous waste materials . 1 DESCRIPTION OF NATURE AND EXTENT OF DAMAGES OR INJURIES : Claimants ' injuries include but are not limited to: Emotional and physical injury as a result of being exposed to ultrahazardous activities, toxic chemicals, toxic chemical smoke, soot, ashes and various other unrevealed toxic and or foreign particles and or pollutants that were dispersed into the air, soil, ground water and trespassed upon the person and property of Claimants during and after the incident and with the discepating gas toxicans and shop clean up. CAUSES OF ACTION: Negligence, strict liability, strict liability for ultrahazardous activity, nuisance, trespass, negligence per se, violation of statutes, fraudulent concealment, fraudulent misrepresentation, and intentional and negligent infliction of emotional distress . Dated: 2-12- Iq 5 W ICES OF JOHN BURRIS L. S, Esq. t orney for Claimants 2 ATTACHMENT "A" G-LAST G-FIRST M-LAST M-FIRST AGNEW SARAH CANNON KAMESHA AGNEW SARAH CANNON KAMILYA AGNEW SARAH CANNON KANARD AJAYI _LINDA WYATT ASYA AJAYI LINDA WYATT JOHNATHAN AJAYI LINDA WYATT REGINALD ALAMEEN ASSADIQ ALAMEEN ANTWAN ALAMEEN ASSADIQ ALAMEEN ANTWANISHA ALLEN LYNETTE DUNCAN CANDIS ALLEN LYNETTE DUNCAN CLARA ALLEN LYNETTE DUNCAN DERRICK ANDERSON ALECIA BROWN DERRELL BAENA EMMA SOSA JOHANA BAGLEY VERLINE GREEN SARA BLAKELY ROBIN BLAKELY DE MARQUES . . .BLAKELY ROBIN BLAKELY DENE BLAKELY ROBIN BLAKELY JAYA BORDEAUX AZELEE MILLARD DARRELL BORDEAUX AZELEE TAYLOR JANEE BRADFORD BARBARA BRADFORD LA SHONDA BRADFORD BARBARA WILLIAMS RENARDO BRADFORD LAWANNA BRADFORD CHYNA BRADFORD LAWANNA BRADFORD TAWANN BRICE SHARON SIMMONS DARIELLE BRITT-WILLIAMS MARLIN WILLIAMS IZAIAH BRITT-WILLIAMS MARLIN WILLIAMS KEENAN BROOKS THEA BROOKS LA TREICE BROOKS THEA BROOKS TIFFANY BROWN JAMES BROWN JAMES BROWN LELA BROWN PIERRE BROWN LINDA SODIA AUSTIN BROWN LINDA SODIA ORLANDO BURGIN REGINALD BURGIN REGINALD BURKS DEBRA DANSBY DIARIHA BURKS DEBRA PHEA MAKISHA BURTON DORIS BURTON MICHAEL BURTON DORIS BURTON TAMEKA BURTON DORIS WASHINGTON JAIME CARTER CHRISTINE CARTER GWENDOLYN CARTER CHRISTINE CARTER KINEITHA CARTER CHRISTINE CARTER VANESSA CARTER TIJUANA NEALY CHRISTINA CAVANESS LINDA ROBINSON CHRISTOPHER CAVANESS LINDA ROBINSON GLENISHA • . CELESTINE CAROLYN CELESTINE LATASHA CELESTINE CAROLYN PERKINS PHIL CERVANTES MARIA CERVANTES ERICK i i Pit 1A,4;-- ATTACHMENT "A" G-LAST G-FIRST M-LAST M-FIRST CHAPPELL SHARRON CHAPPELL MICHEAL CLARK . KENNEATHA CLARK KIMBERLY CLARK KENNEATHA CLARK KRYSTAL COLEMAN LUCY COLEMAN LAVEL CONTRERAS MARIA CONTRERAS ALEJANDRA CONTRERAS MARIA CONTRERAS ANGELICA CONTRERAS MARIA CONTRERAS ARMANDO CONTRERAS MARIA CONTRERAS JORGE CONTRERAS MARIA CONTRERAS JUAN CONTRERAS MARIA CONTRERAS MERCEDES CRESWELL NICOLE KING NIKAELA DAVIS DONALD DAVIS TAMARA DEMERY GEORGIA DEMERY JAMAI DEMERY GEORGIA DEMERY JEVON FORD THERESA ALLISON AMADO GASTELUM JESUS GASTELUM BEMIGNO GIX THOMAS GIX THOMAS GOSHEN PARTHEINA ELLISON DORSEY GOSHEN PARTHEINA ELLISON MARY GRUMB HAZEL SCOTT BERTHA GUILLORY PATRICIA BENJAMIN NOROMIS GUILLORY PATRICIA MAY CHRISTOPHER GULLEY EVELYN BILBO RAYMESHA GULLEY EVELYN WALLACE AISHA GULLEY EVELYN WASHINGTON JOHNKNESHA HARRIS BELINDA HARRIS ANDRE HARRIS BELINDA HARRIS JACQUALYN HARRIS BELINDA HARRIS JAMES HENERITTA HARTWELL ANDY TERRENCE HENERITTA HARTWELL HARTWELL FREDERICK HENERITTA HARTWELL HARTWELL REGINA HINES LINDA HOPSON CARRERA HUGHES SHANNON HAUGHES CLEVELAND HUGHES SHANNON HUGHES ASHLEY HUMPHREY ELIZABETH SMITH ALECHA HUMPHREY ELIZABETH SMITH ANTOINETTE . HUNT FELICE GUITARREZ MIGUEL JACKSON ALICIA HARGROVE TYRESIA JACKSON ALICIA MOORE TALICIA JACKSON ALICIA WAYNE ELLIS JACKSON JOHNNIE JACKSON DASJAUNTA JACKSON JOHNNIE JACKSON JAJUAN JACKSON JOHNNIE JACKSON MAOJJI JACKSON JOHNNIE JACKSON NYAH JACKSON JOHNNIE MIXON KARIM JIMENEZ MAGDALENO JIMENEZ CHRISTIAN JIMENEZ MAGDALENO JIMENEZ FERNANDO #4/Minors 9 • 1 / ATTACHMENT "A" G-LAST G-FIRST M-LAST M-FIRST JINTER CLEO BLAKE EBONY JINTER KATHERINE CHAVIS ZALENA JONES ARTHUR ROBINSON JAMIRTA JONES CHEISI IDA COOK KEVIN JONES CHEISTIDA HOLLINGSWORTH LATOYA JONES JENNIFER HARRISON ANTONIO JONES JENNIFER WEBB LA SHONDA LACY KELLY JOHNSON BLAKE LACY KELLY JOHNSON K.C. LACY KELLY MOORE FELICA LEE YVETTE ROBINS AIRIECA LEE YVETTE ROBINS DANIEL LEE YVETTE SMITH ANITA LITTLE : MONICA TILLIS JAKIAH LITTLE MONICA TILLIS JAMIAH LOY WILMA SCHMIDT JAIME MARTIN MURIEL MARTIN ASHLEY MARTIN ROSE BOATMON ROBERT MCFARLAND SHAILA WILKES SHAKELA MENDOZA MARIA MENDOZA ANGELICA MENDOZA MARIA MENDOZA DANIEL MENDOZA MARIA MENDOZA DAYSI MENDOZA MARIA MENDOZA SUSANA MILLS DEBBIE LEE ' DESHAWN MILLS DEBBIE LEE LINDA MILLS DEBBIE LEE PHILLIP MORRIS PAULETTE BRACY LATANYA MORRIS PAULETTE BRACY MICHELLE MORRIS PAULETTE BRACY SHEIDONE MYERS KATHY ADAMS KEIANA ODEN PHYLLIS ODEN AMBERYA ODEN PHYLLIS ODEN TUANDALE PARKER EVELYN PARKER MARIE PAYNE SHARON LEE DERRICK PAYNE SHARON NELSON MICHELLE PYLE NOLA JACKSON KESHIA RAMIREZ MARIA RAMIREZ ELISA RAMIREZ MARIA RAMIREZ JAIME REDONDO JENNIE CORONA ESTEUAN REDONDO JENNIE CORONA STEPHANIE REDONDO JENNIE CORONA TIFFANY REED VICKI THOMAS EARL REED VICKI THOMAS ERICA REED VICKI THOMAS TIA RICE PATRICIA LACEY JOSHUA RICE PATRICIA MILLER JASON RICE PATRICIA RICE JASMINE 1141Minors 3 ATTACHMENT "A" G-LAST G-FIRST M-LAST M-FIRST RICE PATRICIA RICE JORDYN RINGGOLD LINDA RINGGOLD ARNOLD RINGGOLD LINDA RINGGOLD KEENAN RINGGOLD LINDA RINGGOLD KENDRA ROBINSON MAXINE ROBINSON ANTHONY ROBINSON MAXINE ROBINSON DARIUS ROUSHION LORETTA ROUSHION ANGELIQUE ROUSHION LORETTA ROUSHION JOHN ROUSHION LORETTA ROUSHION MARK ROUSHION LORETTA ROUSHION MICHAEL RUMOLO-BOUCHER MARILU BOUCHER ALEXANDRA SALAZAR MICHELE SALAZAR ARMANDO SALAZAR MICHELE SALAZAR VALLERIE SALAZAR MICHELE SALAZAR VANNESSA SHAHEER LESLIE HERMAN SCOTT SHEPHERD IRISH SHEPHERD CALVIN SHEPHERD IRISH SHEPHERD MELVIN SHUMAKE SABRINA JOHNSON ANTOINE SIMMONS GERTRUDE AMMONS TURHAN SIMMONS GERTRUDE CALVIN LORENZO SIMMONS GERTRUDE SIMMONS ANDREA SIMMONS GERTRUDE SIMMONS TAMELLA STEVENS CHANEL FULLER ARIANA STEVENS ELTON STEVENS ANTIONE STEVENS ELTON STEVENS LATOI STINSON TINA PRICE TYVON WALKER WANDA HUDSON CHAWMIEN WALKER WANDA SAUCER JOHNIA WARHOP BEVERLY GANTHER QUINTARA WARHOP BEVERLY GANTHER QUINTON WARHOP BEVERLY SEMICH ANTHONY WATKINS LAKESHA GRIFFIN KANEISHA WATKINS SHIRLEY ADAMS KENNETH WATKINS SHIRLEY ADAMS NAKEDRIA WHITELAW ROSIE LEE WHITELAW JAMISHA WILLIAMS EDDIE WILLIAMS JENNIFER WILLIAMS ENOILA WILLIAMS BRANDON WILLIAMS ENOILA WILLIAMS RAIMON WILLIAMS MONA HACKETT BRIANNA WINTERS KELVIN WINTERS KELVIN YORK SHELIA YORK SITYWA YOUNG ETHEL BOLDEN ANDRE YOUNG ETHEL MCDONALD CHAMARI #4/Minors I,do County Counsa1 CLAIM MAR 1 1993 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA S martinez. CA 94553 Claim Against the County, or District governed by) BOARD ACTION 'the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 23, 1993 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: $5,000,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT• CAMPBELL, Lisa, et al , for Raymond HENDERSON ATTORNEY: John L. Burris Law Offices Date received ADDRESS: 1212 Broadway, Suite 1200 BY DELIVERY TO CLERK ON February 22, 1993 Oakland, CA 94612 BY MAIL POSTMARKED: Hand delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Febraury 24, 1993 JHH1L B ATCHELOR, Cle DATED: y 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. 00 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). SC.-- -ael e w ( ) 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: ov.a.K. Pi l OLAA v1. 1CL Ltic9 0. VaA 46•c -&X-a 1.. Dated: axe7 9 3 BY. Deputy County Counsel 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 of. the Board's Order entered in its minutes for this date. Dated: MAR 2 3 1993 PHIL BATCHELOR, Clerk. 8y . 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. *For additional warning see reverse side of this notice. 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: ,MAR 3 D 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator I i This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under - the statutes of limitations applicable to actions not subject to the California Tort Clains Act. NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: JOHN L. BURRIS, ESQ. 1212 Broadway, Suite 1200 Oakland, CA 94612 RE: CLAIM OF: Campbell, Lisa, et al . , for Raymond Henderson 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: [XX] 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. [XX] 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. [ ] 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. [XX] 7 . Other: Separate claims should be filed for each claimant. VICTOR J. ESTMAN, County Counsel By: Dep runty ounse CERTIFICATE OF SERVICE BY MAIL (C.C.P. SS 1012, 1013a, 2015.5; Evidence Code SS 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; 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 addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: March 4, 1993 at Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE 55 910, 910.2, 920.4, 910.8) FEB 2 21993 CLAIM AGAINST CONTRA COSTA COUNTY CLE �� RK BOARD OF SUS CONTRA COST LISA CAMPBELL, et al . , (see Attachment A for identities of additional claimants) as guardian ad litem for RAYMOND HENDERSON, presents a claim for damages against Contra Costa County, and employees DOES 1 to 25, in the amount of $5, 000, 000 . 00 . CLAIMANTS ADDRESS: Law Offices of John L. Burris, 1212 Broadway, Suite 1200, Oakland, Ca 94612 DATE OF OCCURRENCE: August 22, 1992 PLACE OF OCCURRENCE: 130 Nevin Avenue, Richmond, Ca, and surrounding area. SAID CLAIM ARISES FROM FOLLOWING CIRCUMSTANCES : On or about August 22, 1992, Gary Patigle owned and operated Electro Forming Company, a chrome plating shop, located at ornear 130 Nevin Avenue, Richmond, Contra Costa County, California. Said shop, which was situated in or adjacent to a densely populated residential community, had a toxic chemical release that caused a cloud of toxic gas, nitric acid and other toxic and non-toxic substances to spread to Claimants ' person, residence, real and personal property, and ground water, and thereby illegally trespassing upon Claimants ' person, and their real and personal property. Prior to the incident, the City of Richmond and Contra Costa County had conducted numerous inspections at Electro and was aware of Electro ' s numerous storage and disposal violations of hazardous waste materials . 1 DESCRIPTION OF NATURE AND EXTENT OF DAMAGES OR INJURIES: Claimants ' injuries include but are not limited to: Emotional and physical injury as a result of being exposed to ultrahazardous activities, toxic chemicals, toxic chemical smoke, soot, ashes and various other unrevealed toxic and or foreign particles and or pollutants that were dispersed into the air, soil, ground water and trespassed upon the person and property of Claimants during and after the incident and with the discepating gas toxicans and shop clean up. CAUSES OF ACTION: Negligence, strict liability, strict liability for ultrahazardous activity, nuisance, trespass, negligence per se, violation of statutes, fraudulent concealment, fraudulent misrepresentation, and intentional and negligent infliction of emotional/ distress . Dated: 2 �2� �3 LAW OFFICES OF JOHN L. BURRIS 0 L. BU IS, Esq. At orney for Claimants 2 i• � '; •'`rte. � �' ;j -r 7 '�•, • . -i S f :FII-18 ! M-(AST M-FIRST A`bP,IVI, Lr-,Y '; ; ADAMS NICOLE AQUA v9 'Sf;'t� l»Flr'+�: •6UNNINGHAM 1 AC;ARRA :,3Nlrl,t:TY." HALF_ Ri=THE17A Af�,f1MS' - -,S1'�i.�1��Y ` '�ORDAN GENEVA A�. 1'`' 1f{CKi,G '1 :? .. 'ROBINSON AN-r0INE AIL „ ' 1/I Ci ;::• :TAMIKIA K-L.I_Y �'� A '• L A �JANIDRE�• 0(�, : ,ERVANTES JANET . a000RFIG '6MVANTES SALVADOR A�.l �;IV: :Cf ( .l A• COLOU117 CHANDLER DAVIS SEMARIO 'ANp .riU,N ;; ,; Ll .f�r (l-: `;� :;�Uf�NER I�I_IZAE�ETI-( AS1-IL, Y l3LA'[' t,IC !!::;: :, PAVIS i Ari—iL Y r3EsA "Rlr(r;' I HENRY NAIANYA 1 " IS ' AVALOSA oJMARK : VALOS SALLY QAKii; YVQjJ ,.j °JOHNSON TAMIGA ';.�'. ��.I. f�••�T;,•�1 � � h.�AXIN,�:a':��;,.'�;� -(=;LOURNOY JADA t'1LOURNOY JAMES E EAI IC ,EE3L�\TTIE DEREK a F . . • ,. , ���w l �,'t,;' " COOKER JOSHUA ' EIQ ;i - ' . '.1fC,NI rA;;. ,� ' ',L,�RISGOL CONEY NI.(,/t BR(�COE NAT(IAN 3RISCOE PERRY BRIS C,�,E' VE F�.C�.(�.I A !(?PEEN RICKITA :IHENDERSON LETITIA MylP ELl, ` (SOA; : ' 4(40ER.SON RAYMOND /1Mt?t ' ', I I h;.,; I 1JENDERSON RONNIE FiA'h ' f'R'[ G;II 4.0LLY DURAUNTE ilf 4FFERSON JAMISHA LAIOORNE CHARLES I,iU,1?1 , :PHILLIPS DEONTE :(`I. A.,; ' P.-HILLIPS DOMINICK ,M . (.'1[.\;i; ,' . I, N�?�:' ,� , ' MITGFiELL ASILYNN 10FTO '` : ,?W ,i1(f�(7 r('1 ' ;' ;I_11=TON ANTHONY r ,CI"Jf`TuN 4; V Q GYNi oOLIFTON DANYLE G(��. 'CCN 1Ni .N> ( ,:YN: :bLIFf0N TIANA : (�X i ' R, N� A ,'[ ARU1N DOMINOUE . G X ' ..N ,JA, �'itRDIN LA'1ASI lA Cox p P�(nn''�' .; RA(JER LA'TONYA R�1 ;' CHEER LA'S1 AI R ELR LAKEYA G F(,1 .FREER RAY SORAYA ;. CitEi .l 1 Ir J;C) , ;fiEER TA'LAYSIA �..:' ":4 > Vrt , Y ;C3FE� ,[,)�1' f=FQRD LILLY N.0A R)LDY ANNOLA -C1 41NLEY ';' CII ,N,p'A . , ; pILDY MONIQUE 1 1.1 ;rrr„�tF.4rIIVP.ICIVI � N-' r. k# IR$;i'; M-GAS] M-FIRST CURTIS RC NAR{7 3 Vi,,A :'' �'. .1 � ,/ 1 , . 3Fr111(7,;;I AVfEA ( AYMutvE�c� NN '' ..McCoy TRANIEGE I`IIu -jASI�E R LOANA „� ! {; 1nN,l� , .' 1:.• :`1'l-l1F=EERY TREVELYON r• , Y1;�,� ::* IIW�A' ,;T111fVER SHtaSNANA VC •�,�,r��� �Y�.IRNER VIN ENT ' iVl II_V [�=NI$ DEf 7NfvA ., t ; pNIS SNAWANNA ,41C QIv'' ±' `V R f ( A:' ;%ASI-IFORE {-fRISTt7Pl iER V r.•. �' 'p• -4 �'1 :' t '' X 15. 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';!'-SORINA HORACIO WALKER DEREK ;;TAYl,t7R "WALKER TALEICE TARRY JERAMINE T F�BY . r '.�JI�OL'�:: '• :,' RUN.N KENNETH :JTI=IA :THOMAS UREr'ANNA .61'FIQ /1A$' 'i ,A,f N ;` 'QUTSON SANTAY ', rM ,( "1'HOMAS CEME7RIUS ..11TIOM .' " ,arlA tC N .' THOMAS FALCON ,:. :; . ••T 1C), 7 : :�,; '. ;'��. �� :�.�. b;�,.' � � � .THOMAS ShiAUNEY LAT 'kC' : VVATSON TAJANIQUE TNOI f?a'•f N;, T--ZE--F WATSON TERRANCE ±•T,fl11V ., I } f 1NFf � . ' 'IRAN NI-Il ::TnAN ' ISI qANH; 'TRAN NHU I i , rRAN NI-1UT }�HAN ` ' 'TRAN THRONG ,, (H/� 1� ,�.; '� TRAN TRIEU ,. �'iil�f EIS j ; ..; •VAP� � IR.I,NE i JASPER JERRY I I :y• 'I i "� 1•s s �" l U. .. LI#: I' NLI.IJ JASPER fiONDELi_E I I I, :i i ,• �,� , , AJ°KINS'`., ; `.AN r�! E f� COLLINS YOI ANDA � I�l:�,. 1/dATI{I 'AN PI -1-1 E. ;: JOHNSON KISHAWN ;I VV TK '; ` AN 0- 7- I, MOORE l-RAVALIN WH �_ f }_C 0's ;WHEELER LA'TESI-I NEI:: COLEMAN RICKY :. � �I� 1(. �I 1�NGG:•A I�' �IOL.LY ANTONAr FREE ANGELO ;. WILE Y• f�( I'A: WILLIAMS BRIANNA I . �� I , ' `ASS" i,. :r; . �F °! . ; ; _'.., .�: ,Il , t' . : It11-LASt M-FfRST • �-„r..=-�a-,.;�.._;. tom.. '• � '' IV- WIC � I.'' •, V[I,lVi :' I�EtATHERSTONI;. WILMEI<A ,;•MASON RANDY i. 1N,�,� •Q;N = 1NIL50N CAST-IF I�.y N,: WILSON MICHAEL ;I. A= Rt!,i _.;`; r.::L�l•. ji” ';'!;:. 1?V bDARDS ANTI-iC�NY VV 0L '; 1n1 A';,,• Wp ?DAI DS TIFFANY .. A �3X 1a0SS JAMILAH ,•,.,h ,, ,.•. ,'. .;; 1 3l�Ftl ; `,008!3 JIMMiE �,' ;' l.• to :I l :,N I'�' ; �I1�.1'1;f ,; •'HURLEY DE'ANGELA . 1N I H ;;1- � ���!' ' KLINE JA'VARRI •PARKS CHARLES Ai CLAIM /,do County Counsel 6 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA MAR 1 1993 Claim Against the County, or District governed by) BOARD ACiIGI6tainez, CA 94553 the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 23, 1993 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: $5,000,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: CLARK, Melinda, et al. ATTORNEY: John L. Burris Law Offices Date received ADDRESS: 1212 Broadway, Suite 1200 BY DELIVERY TO CLERK ON February 22, 1993 Oakland, CA 94612 BY MAIL POSTMARKED: Hand delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH gg DATED- Febraury 24, 1993 EVIL DepuiyLOR, Cler 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 910.6). g4-&— t-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: ��(�-� ¢� �.�•(4��J�d�. 1. it, •�.C�-E'er P�,C�.�..�.�a�-t -'T Dated: Ok CA, I 491_ BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: HAR 2 3 1993 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. 1'ou 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, *For additional warnino see reverse side of this notice. AFFIDAVIT OF MAILING 1 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: MAR 3 0 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County .of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: JOHN L. BURRIS, ESQ. 1212 Broadway, Suite 1200 Oakland, CA 94612 RE: CLAIM OF: Clark, Melinda, et al . 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: [XX] 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. [XX] 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. [ ] 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. [XX] 7 . Other: Separate claims should be filed for each claimant. VICTOR J.JWESTMAN, County Counsel By: e . O�� Depto Co my Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. SS 1012, 1013a, 2015.5; Evidence Code SS 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over IS 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 addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: March 4, 1993 at Martinez, California. --Kn-1JN I cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE 55 910, 910.2, 920.4, 910.8) FEB 2 2 199 3 ,' a 4 CLAIM AGAINST CONTRA COSTA COUNTYIC'LERKBOARDOPSOPERV' . C_QNTR.a C SA co MELINDA CLARK, et al . , (see Attachment A for identities of additional claimants) presents a claim for damages against Contra Costa County, and employees DOES 1 to 25, in the amount of $5, 000, 000 . 00 . CLAIMANTS ADDRESS: Law Offices of John L. Burris, 1212 Broadway, Suite 1200, Oakland, Ca 94612 DATE OF OCCURRENCE: August 22, 1992 PLACE OF OCCURRENCE: 130 Nevin Avenue, Richmond, Ca, and surrounding area. SAID CLAIM ARISES FROM FOLLOWING CIRCUMSTANCES : On or about August 22, 1992, Gary Patigle owned and operated Electro Forming Company, a chrome plating shop, located at ornear 130 Nevin Avenue, Richmond, Contra Costa County, California. Said shop, which was situated in or adjacent to a densely populated residential community, had a toxic chemical release that caused a cloud of toxic gas, nitric acid and other toxic and non-toxic substances to spread to Claimants ' person, residence, real and personal property, and ground water, and thereby illegally trespassing upon Claimants ' person, and their real and personal property. Prior to the incident, the City of Richmond and Contra Costa County had conducted numerous inspections at Electro and was aware of Electro ' s numerous storage and disposal violations of hazardous ,waste materials . • 1 DESCRIPTION OF NATURE AND EXTENT OF DAMAGES OR INJURIES: Claimants ' injuries include but are not limited to: Emotional and physical injury as a result of being exposed to ultrahazardous activities, toxic chemicals, toxic chemical smoke, soot, ashes and various other unrevealed toxic and or foreign particles and or pollutants that were dispersed into the air, soil, ground water and trespassed upon the person and property of Claimants during and after the incident and with the discepating gas toxicans and shop clean up. CAUSES OF ACTION: Negligence, strict liability, strict liability for ultrahazardous activity, nuisance, trespass, negligence per se, violation of statutes, fraudulent concealment, fraudulent misrepresentation, and intentional and negligent infliction of emotional distress . Dated: 7 L19� LAW OFFICES OF JOHN L. BURRIS J N L. BURRIS, Esq. torney for Claimants 2 ATTACHMENT "A" LAST NAME FIRST NAME ACOSTA MARIA ADAMS RENEE .`ALCORN KEITH ALEJANDRE JAIME ALEXANDER BENNIE ALLEN ALICE ALLEN CLEOLA JR ALLEN CLEOLA SR ALLEN FOSTER JR ALLEN KATHERINE AMOS LUTHER JR ANDERSON PAULINE ANDERSON WILLIE ARCHULETA REGINA AUSTIN EDWARD AVALOS GLORIA BANKS DARLENE BARFIELD JACK BATTERY TERRIE BEACHAM MARIAN BELL CANDICE BELL JOHN BELL. MARY BELL OTHEL BENFORD ERSKINE BENFORD TERESA BERNABE JOSE BERNABE MELANIA .. BERRY DELORIES BILAL MARKEYSHA BLUE BARBARA BOATMON EDWARD BOATMON YVONNE BOOTH MARY BOYKINS CHARLES BOYKINS MOLLIE BOYKINS NELSON BRADLEY LAURENCHANTE BRASWELL JOHN BREAUX NINA BREWSTER DEMETRIUS BREWSTER LYNNELL BREWSTER PAULETTE BRIGGS DON BRIGHT WILLIAM BRIM CLYDE BROCK MARIA 1t3/Adults ATTACHMENT "A" LAST NAME FIRST NAME BROOKS SHAWN BROWN ELIZA BROWN JOHN JR BROWN LELA BROWN MARY BROWN ROBERT BROWN ROBERT A BUCKLEY PAUL BURKE JESSIE BURKE KENNETH BURSE CONNIE BURSE DORA BURSE ROGER BURSEVERHEUL RE'GINA BUSBY TOBIENNE BUTLER EARNEST BUTLER LULA BUTLER RESHANA CARR DANIELLE CARR DANNIE CARR EDWARD CARR ELRO CARR PHYLLIS CARR RICKEY ` CARSON ROSE CARTER ALONZO CARTER DELORES CASTRO JULIA CAUDLE CLARENCE CERVANTES MARIBEL CERVANTES OFELIA CERVANTES SALVADOR CERVANTES SALVADOR CHADHA . .TINA CHILTON MAURICE CLARK DONALD CLARK GERMAINE CLARK MELINDA CLARK PEARLINE CLARK TROY COLEMAN CARL COMEAUX HATTIE COMEAUX MITCHELL COOK ALVIN COOLEY TIMON COOPER DANERE COOPER LINDA 113/Adolts ATTACHMENT "A" LAST NAME FIRST NAME COPES JOE COPPEDGE BETSY COPPEDGE CARRIE COPPEDGE ELVIN COPPEDGE JESSIE COPPEDGE JOHNNIE COPPEDGE WILLIAM COTTON. VALERIE COUSEY ROBIN COWGER CECIL CRANE JOHN CRAVENS CHERYL CREMER CAROLINE CROCKETT OTIS CRUMMIE TINA CUMMINGS WILLIE DANIELS CHARLES DARBY MICHAEL DAVILA RAYMUNDO DAVIS ARTHUR DAVIS BETTY DAVIS BEVERLY DAVIS CLARENCE DAVIS JOANNE DAVIS LAWRENCE DAVIS LISA DAVIS MANUEL DAVIS MARGIE DAVIS VESSIE DAVIS WINNIFRED DAWSON ANNETTE DAWSON ESTEEN DE LA PAZ BERTHA DEBOLT KAREN . DELONEY KISHA DELONEY TAM DEMILLION DARLENE DEMILLION RODNEY DEWITT JOHN DHALIWAL SHIRLEEN DIAZ SANDRA DIXON ANNIE DIXON DAVID DORSEY' LINDA DOTSON DONALD DOUGLAS DOROTHY DOWELL EARTHARASERLENA #3/Adulls 3 ATTACHMENT "A" LAST NAME FIRST NAME DRIVER J.D. DUNCAN . ZANDRIA :.DUNN LAVONTRA DURAN ABEL DURAN EMILIA ' DURAN ROMAN DYKES VORINE EALY ROCHELLE EARL MELODY EASTMAN WILLIAM EDGERLY BERNARD EDGERLY MARY EDWARD KENNY EDWARDS CHRISTINE EDWARDS CHRISTINE ELLISON LINDA ELY LYN EMERSON PAMELA EVANS CLIFFORD EVANS JACKIE EVANS JACQUELINE FAISON LESLIE FIELDS JAMES FINNEY SHELMO FLANAGAN ROSHELL FORD SIDNEY FOSTER CYNTHIA FRAZIER PENNIE FREEMAN FREDDIE FREEMAN MARGARETT GAINES MICHELLE GAITHER BRIAN GAITHER PEARLINA GARNES MARLENE GARNES RONALD GASKINS ROSE GATLIN MELVA GEEGAN CARROL GEEGAN NAT GENE LOWE GENES IRENE GERALDS DESIREE GILBERT JULIA GILBERT PATRICIA • . GIPSO SHONDRE GLASS ODESSA GLOVER RENEE #3/Achilts ^ ATTACHMENT "A" LAST NAME FIRST NAME GODFREY MARY GRAHAM ANGELA GRAHAM TINA GRAYSON RAMONA GREEN ALONZO GREEN JAMES GREGORY BARBARA GREGORY, WILLIE GUDINA GRACIELA GUILLEMET MELISSA GUILLEMET RACHEL GUILLORY FLORENCE GUINN REGINA GUZMAN JEANNIE HAGANS LILLIE HAGANS WALTER ..HALFIN RICHARD :—HAMILTON WILLIE HAMLIN JOYCE . . 'HAMPEL PAMELA HANCOCK BRYAN HARDIN DENNIS HARRIS ANTHONY HARRIS BARBARA HARRIS BETTYE HARRIS VERNESSA HARRISON WANDA HART BOBBY HART LINDA HASKINS U.V. HAYES PHYLLIS HAYWOOD ERNEST HENDERSON AKIM HENDERSON MICHAEL HENDRIX JACQUELINE HICKSON GENERAL HICKSON SYLVETTA HILL CLYDE HILL RICKIE SR HILL RONNETTA HILL STANLEY HILL STEPHEN HOGAN GERLING HOLLAND PEGGY HOLMES LONNIE HOOD JERELENE HORSTMAN JIMMY 113/Adults 5.. "A" ATTACHMENI" LAST NAME FIRST NAME HOWARD MYRA HUBBARD MARGIE HUGHES ARCHIE ¢. HUGHES PATRICIA HUTCHINS DARRELL =� ILIFF ANNETTE ILIFF CHRISTY INGRAM ETHEL JACKSON CHARLES JACKSON NAYA JACKSON O.D. JACKSON PRENTICE SR :j JACKSON RUBY ;j JACKSON SHERLEEN JACKSON SHERRY JACKSON VALERIE t JAMES BETTY t JAMES DJUANA JAMES RUDOLPHO JAMES SEMRIL j JASPER PATRICIA ! JETTER ASTORIA + JOHNSON DWAYNE ' JOHNSON EDWARD I; JOHNSON EDWINA JOHNSON LASHON JOHNSON LATASHA JOHNSON MARY JOHNSON PAULA JOHNSON WIMBERLY i JONES DEBORAH + JONES EDITH a JONES ELIZABETH JONES FREDRICK JONES GAYLE j JONES JANIS JONES PAUL :a 1 JONES STEVEN SR JONES TARA JORDAN BEVERLY JORDAN MATTIE KEIFER CHARLES KEIFER MARY KEIFER SHELBY ' KELLY TERRY KELLY VIVIAN KILGORE LISA ATTACHMENT "A" LAST NAME FIRST NAME KIMMONS BOBBY KING ELDRIDGE KING GEOVONA KNIGHT FLOSSIE LA'ROY DEMETRIUS °..LAJEUNESSE MARTHA LANDRY JENNIFER LANE KENNETH LAWRENCE TRESS LEATHERMAN MARJORIE LEE BERNARD LERMA AURORA LEWIS COLICE LEWIS JESSIE LEWIS MARY LITTLETON APRIL LOGGINS TONJA LOPEZ GENOVEVA LOPEZ RUDY MARKS LEAH MASON ALEXANDRIA MASON JESSE MATHIS ROSEANA MAXWELL JOSEPH MAYS DEBRA MCBRIDE BEVERLY MCBRIDE LAWYER ..MCBRIDE MACK JR . t MCCORMICK LEE MCCOWAN JOHN MCCOY LILLY MCDANIEL ROBIN MCDONALD ARDARIUS MCFADDEN BOBBIE MCKELVY SANDRA MCLEOD CAMILLIA MCLEOD HOLLIE MCLEOD SARAH MEDRANO GILBERT MEJIA ANGELA MEJIA JAVIER MEJIA JUANITA NIELSON ODESSA MEZA LUIS MILLER ANGELA MILLS ANNETTE MILLS SEDRICK #3/Adults 7 ATTACHMENT "A" LAST NAME FIRST NAME MILTON NATHANIEL MINNIFIELD GRETA MINNIFIELD LONNIE MITCHELL DEMETRIUS MOLEX SHIELA MOORE DORIS MOORE EMMA MOORE GLORIA MORRIS MICHELLE MORRIS TAMMY MORRISON KENNETH MOTT MONERLETIA MUCCULAR WILLIAM MULDER SHIRLEY MULDER VERNON MUNSON WANDA MYERS FRANCES NETHERLY IRA NEWKIRK JOE NICHOLS TERRY NIXON GARY NIXON IDA OAKLEY ROCHANDA OATES ATTENYA ODEN RACHEL OLIVER CHARLESETTA OLIVER LARASHA OTIS WINNIE OWENS WILLIE j PAYNE CHARLES JR PAYNE NINA PERKINS LETITIA PERKINS PATRICK PETE EVA PETIT EDNA PETTAWAY JEFFRIE PHANOR MAURICE PIGGEE DONELL PITRE LENA PONCE LETICIA POTTS FRANK PUGA ALFREDO QUIST LESLIE RAGLON SHAVAUGHN RAGLON THERESA RAGLON WILLIAM RAYFORD JACKIE #3/Adults 8 • e ATTACHMENT "A" LAST NAME FIRST NAME REED RUBY RICHARDSON LEE RIDER BARBIE RIDGE ALICE RIDGE ELAINE ROAN GERALD ROBERTS JACQUELINE ROBERTSON BERNICE ROBERTSON HENRY SR ROBINSON ALISA ROBINSON CLEVELLA 'ROBINSON DARLYNE ROBINSON JOHN ROBINSON JOYCE ROBINSON MAURICE . ` ROBINSON TONY ...,.. .:'ROBINSON VIVIAN ROGERS ENOCH ROG ERS JOHNNY ROLLINS ALLEE ROOSEVELT HENRY SAECHAO SANLIAM SAECHAO YOON HIANG SAEPHAN SANFINH SAEYANG VERN HIN SAMUEL VERONICA SAMUELS TASHEILAH SANFORD BONNIE SEWARD ANGELA E SHARPER CRYSTAL SHARPER VINNIE ' SHEPHERD GILBERT SHUMAKE ANDRE SIMMONS REGINA I SIMON ANTHONY SIMON SABRINA SIMPSON JORDY SIMPSON JOSEPH SIMPSON JOYCE SIMPSON PAMELA SIMS EULA SIMS LYMAN SIMS NATHAN SIMS STANFORD SR • . SMALL KERI SMITH ARKUERIA SMITH DEBRA J i/31*11ilts 9 ATTACHMENT "A" LAST NAME FIRST NAME i SMITH FLORA I SMITH MICHELLE SMITH ROBERT SMITH VINCENT SMITH WILLIE SOLIS DIANA ;. SPICER LORINDA { STEVENS ELTON `!: STOGDELL .DESIREE r SUMLER KATER SWANSON TENA k .SYMON DONNA f TAYLOR BETTY TAYLOR ESTELLE l i TAYLOR JACQUELINE TAYLOR LAWONA E ..TAYLOR LONNIE TAYLOR TAMARA F TAYLOR TAMERA I TAYLOR THEODORE a THOMAS CHERYL THOMAS CLARA t' r: THOMAS DENISE THOMAS HELEN THOMPSON LONNIE THOMPSON SHIRLEY i. TOLBERT JACQUELINE r TURNER WILLIAM r TYLER LORENZO VALENTINE WILLIE VAUGHN EVELYN VENTURA ALICIA VERNELL TERRY WADE DANIEL 4 WAKEFIELD MICHAEL WALKER HAROLD WARD EARNEST WARREN REUBEN WASHINGTON BEVERLY WASHINGTON IRON . WASHINGTON JOSEPH WATERS GLORIA WATERS JANICE WATERS YOALONDA WATSON MARTHA WATSON MELODIE WATTS LAMONT #3/Adults .10 • ATTACHMENT "A" LAST NAME FIRST NAME 4 WELLS FLOYD WELLS JOSEPHINE " WEST LARRY WESTBROOKS ALONZO . WHATLEY CARLA r. : WHITE BETTY WICKER LACRESHA I WILKES ROBERT WILLIAMS BETTY WILLIAMS CHARLES .....WILLIAMS CHARLES WILLIAMS ELNORA WILLIAMS LARRY Is '-WILLIAMS MICHAEL j WILLIAMS TAMMIE WILLIE MAY WILSON ALEXANDRIA :'WILSON GLADYS WILSON LA'TILEA WOODARDS DWIGHT >: WOODS MONIQUE WRIGHT ANDREW WYATT TERRY YOUNG EVA ` YOUNG MARILYN F: YOUNG NICKIE t: I:. y; r-. 6. 1'y C'. j 1'. JE.?/Arlt IIIc 44 County Counsel CLAIM MAR 1 1993 7 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Martinez, CA 94553 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 23, 1993 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: $5,000,000.00 Section 913 and 915.4. Please note all "Warnings% CLAIMANT: CRAWFORD, Judy, et al ATTORNEY: John L. Burris Law Offices Date received ADDRESS: 1212 Broadway, Suite 1200 BY DELIVERY TO CLERK ON February 22, 1993 Oakland, CA 94612 BY MAIL POSTMARKED: Hand delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: Febraury 24, 1993 IalL BeTTCYELOR, Clerk I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. 00 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). 4b.O� ( ) 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: S a�a.�. 6ai- ,- .4" 10.0— 2l_64-k oin- 0.vl Ct- Dated: l�a td_ , g 93 BY: L• Deputy County Counsel I11. FROM: Clerk of the Board TO: County Counsel (1) County Ad inistrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( kf 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: MAR 2 3 1993 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. *For additional warnina see reverse side of this notice. 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. MAR 3 0 1993 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator .. ••t:till .. i This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. , The County of-. Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. NOTICE OF INSUFFICIENCY AND/OR NON—ACCEPTANCE OF CLAIM TO: JOHN L. BURRIS, ESQ. 1212 Broadway, Suite 1200 Oakland, CA 94612 RE: CLAIM OF: CRAWFORD, Judy, et al . 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: [XX] 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. [XX] 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. [ ] 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. [XX] 7 . Other: Separate claims should be filed for each claimant. VICTJ. STMAN, County Counsel By: OR 1. A� Dep y ounty Counshl CERTIFICATE OF SERVICE BY MAIL (C.C.P. S§ 1012, 1013a, 2015.5; Evidence Code SS 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; 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 addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: March 4, 1993 at Martinez, California. 40KQ26& J L41) btAo, low cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE SS 910, 910.2, 920.4, 910.8) J1 4 KUM- � < io FEB 2 ` 199 i� CLAIM AGAINST CONTRA COSTA COUNTY �ERKBOAR 09 EF�VI50R - C T A COS Co. JUDY CRAWFORD, et al . , (see Attachment A for identities of additional claimants) presents a claim for damages against Contra Costa County, and employees DOES 1 to 25, in the amount of $5, 000, 000 . 00 . CLAIMANTS ADDRESS : Law Offices of John L. Burris, 1212 Broadway, Suite 1200, Oakland, Ca 94612 DATE OF OCCURRENCE: August 22 , 1992 PLACE OF OCCURRENCE: 130 Nevin Avenue, Richmond, Ca, and surrounding area. SAID' CLAIM ARISES FROM FOLLOWING CIRCUMSTANCES: On or about August 22, 1992, Gary Patigle owned and operated Electro Forming Company, a chrome plating shop, located at ornear 130 Nevin Avenue, Richmond, Contra Costa County, California. Said shop, which was situated in or adjacent to a densely populated residential community, had a toxic chemical release that caused a cloud of toxic gas, nitric acid and other toxic and non-toxic substances to spread to Claimants ' person, residence, real and personal property, and ground water, and thereby illegally trespassing upon Claimants ' person, and their real and personal property. Prior to the incident, the City of Richmond and Contra Costa County had conducted numerous inspections at Electro and was aware of Electro ' s numerous storage and disposal violations of hazardous waste materials . 1 DESCRIPTION OF NATURE AND EXTENT OF DAMAGES OR INJURIES: Claimants ' injuries include but are not limited to: Emotional and physical injury as a result of being exposed to ultrahazardous activities, toxic chemicals, toxic chemical smoke, soot, ashes and various other unrevealed toxic and or foreign particles and or pollutants that were dispersed into the air, soil, ground water and trespassed upon the person and property of Claimants during and after the incident and with the discepating gas toxicans and shop clean up. CAUSES OF ACTION: Negligence, strict liability, strict liability for ultrahazardous activity, nuisance, trespass, negligence per se, violation of statutes, fraudulent concealment, fraudulent misrepresentation, and intentional and negligent infliction of emotional distress . Dated: 2/2-7-/P LAW OFFICES OF JOHN L. BURRIS Ila , I J H L. UR , Esq. A V rney for Claimants 2 Al I•' A LAT"NA.f ' S�:IAINN'; � t ,;l:Al , ON" A N. 9�0.... -A R N NN, i HLL ' hP.0 Mil:., A ' ; AN R V MA- OF NA,NPOQ11-T. ! AM PW WWI BA 13A 4. �,;X WN t.� At ny Tt�t : ,s i u �WiA lf :PY.,. 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Ao TAVRA ,''1�-.`.•6i(.•a��/yFfl�„�4y:•' 7 1.• 1,'�(�1`,�i'l{,;A'1��,e.i�L!��4t.r• • , ' ,-i t ; fll t}a•z:,�' r.+ ,,' �! i•i.°�•r74 „ A,�••4-/�i • �� ko �/,}/tf(*j I L.'A,•f , , 11'.9• i TH IF 't' �'�h%� ' '` y1! •`i,.�CKL" t� ••`:11 �',^•/'y •tt!�•i. �`�' •` r' '.0"'f.!L'�ri1,!';Ff + I. I= n •A'� L” r1./r'IJr, Si rr}I•`1•,+t !i"• r r J'11 1 )L'1►'' � • i• •; r1,''r• i d}{y'•-�+�'��r• �}•�)'rt'7yry'$:= 1 iij' '��,�J+'.,({��?',�'�'•'(1�''r`1yrf�+�^., ._ -AST VAMC, I: 1 ' !• iMAQ ' �MAIN.-� f.l'. N! TIS8l: L[: ii ' :":L:tlV'., ;ti ' f F VII;..In I IJ:' , N.1, .. .I . TOH • MAi ). ;.;. TO VAS ':i MARIA" VYAI;LA WAS0 `.W+ ,� ', VI3NON fr' � ''� fel• '' , WN NYE, ;• .:11V,}-IIT :• .I. , ;, ,, �. , ;.� ' W,HIYN,�,Y JAr.�I,iT;�i! H N. 1ONO � llWi 0-W .:r N h' C ; 1 .r.i.'..�1.. i. -:ANN wll (A ':�' wi .jANi ", MIDi��IA WIL Ai Wi��l:_i.F�, , • . I:1t111,�-�1A�1lI ,p3; I T. � �,' ' •�.�;:,�".r ASI, V .•V,V�Ii�l��iy?, ,j` •'.I, II.V-{'"(.�y�9 5,r� 1 I tA� o VYAU it Ybp • , •` 17• 1 • '1 tel-.!1�1�,:,1 1�. !,i it t��:{ ,� I,. ..t , ' .� „ • 4 County Counsel CLAIM MAR 1 1993 $ BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Martinez, CA 94553 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 23, 1993 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: $5,000,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: DICKERSON, Ver.inica SYLVESTER, Pearl , et al ATTORNEY: John L. Burris Law offices Date received ADDRESS: 1212 Broadway, Suite 1200 BY DELIVERY TO CLERK ON February 22, 1993 Oakland, CA 94612 BY MAIL POSTMARKED: Hand delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, Febraury 24, 1993 pHIL BATCHELOR. Cler DATED: E 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). S:v� Q.e" ( ) 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: �e' ^ _►.,,s_ �4 l�.dl �l l 4�4 t LC L-, Dated: 1 `/ 9 3 BY: Cy Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (iel 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: ��� 1993 PHIL BATCHELOR, Clerk, By . Deputy Clerk WARNING (Gov. code secton 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. *For additional warning see reverse side of this notice. 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. MAR 3 0 1993 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of -Contra Costa does not waive any of its rights under California ' Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: JOHN L. BURRIS, ESQ. 1212 Broadway, Suite 1200 Oakland, CA 94612 RE: CLAIM OF: DICKERSON, Verinica and SYLVESTER, Perl, et al . 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: [XX] 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. [XX] 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. [ ] 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. [XX] 7 . Other: Separate claims should be filed for each claimant. VICTOR J. WESTMAN, County Counsel By:. �. Dep#y ounty d6unsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. SS 1012, 1013a, 2015.5; Evidence Code SS 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; 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 addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: March 4, 1993 at Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE SS 910, 910.2, 920.4, 910.8) Air C1 j RECEIVED y:10 i FEB 2 21993 CLAIM AGAINST CONTRA COSTA COUNTY I' I CLERK BOARD OF SUPER VI CONTRA COSTA CO. VERINICA DICKERSON, PEARL SYLVESTER, et al . , (see Attachment A fo identities of additional claimants ) presents a claim for damages against Contra Costa County, and employees DOES 1 to 25, in the amount of $5, 000, 000 . 00 . CLAIMANTS ADDRESS: Law Offices of John L. Burris, 1212 Broadway, Suite 1200, Oakland, Ca 94612 DATE OF OCCURRENCE: August 22 , 1992 PLACE OF OCCURRENCE: 130 Nevin Avenue, Richmond, Ca, and surrounding area. SAID CLAIM ARISES FROM FOLLOWING CIRCUMSTANCES: On or about August 22 , 1992, Gary Patigle owned and operated Electro Forming Company, a chrome plating shop, located at ornear 130 Nevin Avenue, Richmond, Contra Costa County, California. Said shop, which was situated in or adjacent to a densely populated residential community, had a toxic chemical release that caused a cloud of toxic gas, nitric acid and other toxic and non-toxic substances to spread to Claimants ' person, residence, real and personal property, and ground water, and thereby illegally trespassing upon Claimants ' person, and their real and personal property. Prior to the incident, the City of Richmond and Contra Costa County had conducted numerous inspections at Electro and was aware of Electro ' s numerous storage and disposal violations of hazardous waste materials . 1 DESCRIPTION OF NATURE AND EXTENT OF DAMAGES OR INJURIES: Claimants ' injuries include but are not limited to: Emotional and physical injury as a result of being exposed to ultrahazardous activities, toxic chemicals, toxic chemical smoke, soot, ashes and various other unrevealed toxic and or foreign particles and or pollutants that were dispersed into the air, soil, ground water and trespassed upon the person and property of Claimants during and after the incident and with the discepating gas toxicans and shop clean up. CAUSES OF ACTION: Negligence, strict liability, strict liability for ultrahazardous activity, nuisance, trespass, negligence per se, violation of statutes, fraudulent concealment, fraudulent misrepresentation, and intentional and negligent infliction of emotional distress . Dated: z�Zz/93 LAW OFFICES OF JOHN L. BURRIS r JO L. URRIS, Esq. A t rney for Claimants 2 L'AS NAM , ' I"II~i ,IVM AsJ1jV1 , ;a(-11,1 iiY %(�FlFib CAI�L M •I -: .CARL)'t V ,rr"•�f; •' ANIS:, is (l4 :Ar�M :r c Nc . ' J,XIA ASHITY ' '�: A '(�Iot� ' AVAds., ' �1.t; ''�' HIS,„�,., Q' vv q, .'HOT•1..0:• WNT AM IpA ;;AA I§P i Mi$`(;I'UA ; 1j. TIA Ol -C I Ar=k'} 1144 b A”' IAAF (, CI-I TSN , ;i. e•Nh .; ?�� N .; 661� Al,;�.IA i �; CSC .bONN'a /Ill, OWEY- GURI B VI ' ' ' '� :M h'iA 0c RF_-F 010 • t,,,� •;AML-• •_�--�'.�F-�, ,�' `��4 t�����'ta �' • � ' aha. ,��.k N's _ , ov WN ` ZttA ,, `N, ; N`. MIN����� •�,���1� 'y. ' • ..MAS . �iits.: • ::• :�'Mi.l�,..� �,,;::,��11`, . • '�'; •.�=,Cz,�• to. • , oil o . ' ` '��a�°rte , ,'�� t,; •_ '';,', •,� � � • ' Al MAYtoov Saw IL . ''NMA.- .4 , .,' •'' ',, , -,. ..A•� {,,•_•. t,. 4• ,1. •i• 1 _.__------ - ' • t;.P,��•;tit(���• �. ��• N�-�....-.••--------,..... oM 1>t, ,,; iNq ,4 t.• •{ i•t.iii'•; :• MOR NGQ 1. u! A" Ry RAN, ? • ;.'.. MIM tvi t� Al- E,LIA. ,�TE�t t . RIGS. . • ' ' • • . . . N.�;�M��l�� :;. ' RT y ,#ilAOUEts; Aj--rAQ .t AS]e N1�fvi : '1 f=.11 5't','N 11VIC' :. • '. ; '}�C�S�:: ' . . � , ,�.� IJV':.,.� ' :�,AIIl .L c .11a, , ,INE ,- ANQH ; `' '' AI ''. SCOTT - tow R _ SMI 'flJ. 16, ITN. ; ' : . :'M F x u' t M • fiv1A Y , ViTH IN,if '' „�UTA IT A , OR , TFJ '' r 'r.L . ,lA :Nib' CN, JH FRA t ,• • r:,r 4., HAN Y i'i"y,:Rf�ia!Ni• • i`�,�,,,�{[�}�'j(F.1 .��1�� •.'Y,�+��<-::�:��A Iv Wf • (rte^-y 5�-•'�: �ll�,:::;• '�2;:i:'" ,n •, . � ' �It'''f� I� r • , '• • 'r �},! y�N X777 �' .. 4~'1• �r � r t1 ;I'`{.F�' .MT'I l.�'ro�� •' .•, �•7,.-- lr 'ttYi�F� ' I�An • : AMS , V�jtt�1 ,, Vit; :QJ A,,.., ,iw � i WliAM '� �l�t�i .b NO IL woo t� A A Pig TON VA, , 'NYS. 5: i• :t,i':r i r'.,:,•:::•'iii�' i. + , �;':Vii.,..:....rf�:*�..,'.ti'���'`:`�r.�'•.{}' • �,ap County Counsel CLAIM MAR 1 1993 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA martinez, CA 94553 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 23, 1993 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: $5,000,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: JOHNSON, Yolanda for Marlon EDWARD ATTORNEY: John L. Burris Law Offices Date received ADDRESS: 1212 Broadway, Suite 1200 BY DELIVERY TO CLERK ON February 22, 1993 Oakland, CA 94612 BY MAIL POSTMARKED: Hand delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QH g DATED: Febraury 24, 1993 IYIL BATCepuYELOR, Clerk 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). 'S.a.qz_ _t34 ( ) 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: / Q.i.d& JM BY: �. Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. �i�AR 2 3 'ISM Dated: PHIL BATCHELOR, Clerk. By 74�s 77, . Deputy Clerk WARNING (Gov. code sec13) 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. *for additional warning see reverse side of this notice. 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. MAR 3 0 1993 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your .particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Clair,.s Act. NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: JOHN L. BURRIS, ESQ. 1212 Broadway, Suite 1200 Oakland, CA 94612 RE: CLAIM OF: JOHNSON, Yolanda for Marlon EDWARD 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: [XX] 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. [XX] 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. [ ] 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. [XX] 7 . Other: Separate claims should be filed for each claimant. VICTOR J. ESTMAN, County Counsel By: dr toL-*" Depu ount Couns 1 op CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015.5; Evidence Code §§ 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; 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 addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: March 4, 1993 at Martinez, California. ---Kad" C4,L4 A. 0,. cc: Pobo'lerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE SS 910, 910.2, 920.4, 910.8) 1 Hr*"d - EGENED i i 2 21993 CLAIM AGAINST CONTRA COSTA COUNTY CLMBOIAR FSFSUPE �. � COMTRA C05TA_0 YOLANDA JOHNSON, et al . , (see Attachment A for identities of additional claimants) as guardian ad litem for MARLON EDWARD, presents a claim for damages against Contra Costa County, . and employees DOES 1 to 25, in the amount of $5, 000, 000 . 00 . CLAIMANTS ADDRESS: Law Offices of John L. Burris, 1212 Broadway, Suite 1200, Oakland, Ca 94612 DATE OF OCCURRENCE: August 22 , 1992 PLACE OF OCCURRENCE: 130 Nevin Avenue, Richmond, Ca, and surrounding area. SAID CLAIM ARISES FROM FOLLOWING CIRCUMSTANCES: On or about August 22, 1992, Gary Patigle owned and operated Electro Forming Company, a chrome plating shop, located at ornear 130 Nevin Avenue, Richmond, Contra Costa County, California. Said shop, which was situated in or adjacent to a densely populated residential community, had a toxic chemical release that caused a cloud of toxic gas, nitric acid and other toxic and non-toxic substances to spread to Claimants ' person, residence, real and personal property, and ground water, and thereby illegally trespassing upon Claimants ' person, and their real and personal property. Prior to the incident, the City of Richmond and Contra Costa County had conducted numerous inspections at Electro and was aware of ElectroIsnumerous storage and disposal violations of hazardous waste materials . 1 DESCRIPTION OF NATURE AND EXTENT OF DAMAGES OR INJURIES: Claimants ' injuries include but are not limited to: Emotional and physical injury as a result of being exposed to ultrahazardous activities, toxic chemicals, toxic chemical smoke, soot, ashes and various other unrevealed toxic and or foreign particles and or pollutants that were dispersed into the air, soil, ground water and trespassed upon the person and property of Claimants during and after the incident and with the discepating gas toxicans and shop clean up. CAUSES OF ACTION: Negligence, strict liability, strict liability for ultrahazardous activity, nuisance, trespass, negligence per se, violation of statutes, fraudulent concealment, fraudulent misrepresentation, and intentional and negligent infliction of emotional distress . Dated: vOFFICES OF JOHN L. BURRIS s 6)HL. UR , Esq. rney for Claimants 2 - A$1 ,.' _ fir' .'` -M-LAST M-FIRST ,;Rug, ' GOMBS MAI-#INA Li XNpFri. ' I (jl 5j,` '' MOWN ANTHONY JR ;,,•. ; xA.l;#, ORQWN ANTONIA .:C-X WEST IYNESHA �VYIWA DAILY JAMES ALZANBAAI JAMAL A#`i(yt�.y'i. I:? r' , ;11aClr,i1';i` ': �IVF-#IT`f'INGTON JAMAAL , ' AI AARY JESSE III ,�� xi �OAILEY NICOLE IY, s,( =. NIARGON JASON' 11 : , ::f l : s:; WILLIAMS DENNIS ( Ali- , Y;': .F� It • A, i . YOUNG LIQUICHE ( � `�'1'.''.. RN( HILL LONNIE �. JONES CI.AYWIN III . A t I'; >:' %:'" ,a.J, ;• �lC H - BARRE JAMONTE :}�I{Aivl • I=A#?4 13EC!<HAM S'AnRINA KELLY LAV.ARZIA •8,ODINSON MIHCALLA • �3,�Nr�1 ?:. .t• : ;�1G�/( ",< ` ' !<ELE.EY ADRIENNE i G ' '•:.:' E♦'!'HA.NCOUiT DAJUAN T !.G: IJ.,r�'`. ;•,= :; I` A 11, or'THANCOURT DANIELLE T. NA�y{ U J„I # �_''; pA� I I'Al •UETHANCOURT IKRYSHANNA ,. KELY KEITH JR , �:MAF�.ti/�I;�1 :I,;. - . . .1�1-.A AI :"C �t RU1 'PLADE DAVID QLADE DENISE iA1i�I '`:. ' .#,3L.AND PAUL BLAND SABRINA I �' N a,: '' ' ' , OLAND STERLING I' BLAND TIA tA !NN �v.fi. i, "#,� OOMER ,,IIONTELLE �0,NNER STACIE k WL#:[�J : ,� `�'; . ' ' 'Al' QBET ; E30WLiN0 AN1CA 1 17R� T' BOWLING JONATHAN 1 ;C11LJtN�-'22' �` : A1;11Y�, �30VLL#NG LATRINA Rl`tOWN BEVERLY :BrAtyUN; : ;f. H ,R` l:�' ' :`�3(�C7WN BOBBYJR i 4 ►� I3BOWN SKYLETE ;fIQ ., ,�� BROWN TQRRIE CALHOUN ALICIA LFYAf , ' II :A ' f #.,CWIS ANGEL. :FB . l �tf�l$ SIA' I .:,i' MASON CHILP�N Ill MA$ON LORRENA , .UR ;. ' N,( ,, : MASON MARSHALL Oi .A; : 'LCIRTON ANTHONY ' :: .. 13U8RY ARLFOHA ;RQ,BPRTSON JtAfc ? ' ;t�fji'Y4 4.�.�r�� .,.c,:.. � ' , :L.#-i;14����N•E' ,M.00R.E KEVIN � • f! :M-LAST M-FIRST `H,ENDER$0N KIMISI-IA �AWjR� ��: J r k 1. �. Y' 'r TLEDGE ,1AzMINE 1 10 i I ,ir "• t•� If ( I;1 .� '.,: ;,, JUAl !'I`�i';' . 'JACKSON TANISHA . '; tIJII lAr,r S�PANN LAMAR r A E it JOAQUIN IL;E3 'OERDA MARGO `j.y't^� �QR A MIGUI~L C -NDA AEnVANTES JASMIN QI I,: =CE:RVANTES 017ELIA :t ITISHA► FERGUSON (;t-A I< '� ? [j', PEOPLES QUEELA �, K . ��!l ,F,, : CLARK LLMER JR ` ' 'r i. r OLARK OTHA A�tK Itr t:F:'-- 0-ARK ZAKIESNA fA,i�Y' , CLARK MICHAEL:. GAM ARY , , ; dI ARK MORGAN VA.l._OM - OLARK DESTINY K' ,•' ; ' �!.�C,����,; .. 'CLARK 51 IANTAY t.. CAitC Y :UEZ I ' OLARK VALINE Q0.K` ; ' �I �� � t"; COOK TERRI .'gAN�fi�[��' KEVIN LESLIE )A [ LACKMUN DEJ!ONAE l ' ; GRAY-Powers RAYNELLE i A z: ' .. OWAR-f RYAN 1 Ir,'OOPER ANTHONY JR -� � I* �C7 : , �}( pR JAMES . COVNSER LYNETTA I. W F;`'-;' SHEPPARD GHARIS r 6k' hAGY - SHEI=FIE IriAINA . RUDUPT SHAY 5 � LA :IAIY'' .YtA1 #� { I, j >' MORGAN JAMISHA • •1' �I.1�' �. . .r , '' ' 4 AN TOSHIBA LA � i; 7. 1; ' DANIELS MAGNEAN i ' ��1,�1:,�; . � ,• �� I��' 17�����, DANjFLS S1-fACORY [ ;VII A tv1 fel ' :i:` DAVILA RAYMUNDOJR DAVIS LAKYSHIA +; JAS ., DAVIS LASHERLLE ,R, "! t; OAVIS ASIA Al ILLIS LENA WILLIAMS SHARRISE ;' A1N oN r ; .I��; JONES DWAYNE tJ[XN DAR ELL ;e.�. l ;' .DAVIS N DA .. ►�I GEANDRE '. RTH i ; -HI NDEUON DARRELL .. .. KELLY DEIIADR� M-FIRST I.AST ,. KIANA QQ RA, ` 00RA MARCUS i.. r::;;: ;' (• ,SORA' TASH(ANA JAKEILA :[alts ' . ?' `' '"' 'f4-' '.I • ''v' ''':r: LETMMAN ELGINA• A � �1 �C .t. ?';:�. . , t:`>• zil`I` ''.r.. z: , :.,JAMISON YOLETt-E �R. ,.,. ,-HARDWICI< DEIAN'T-E t. }: a:.., r' �.. '•, ; 'OQLE. MIA �. GYN #IA' {:s'•: 'V/OODS TANIA i., 4f ,,.: ' :' ,1•!-i1tOvirE RFIENEA ,'.EVAN.', ;'., ,,. ; t I'il 13, 1'.t;f'' ' i1NINS`I�N t�HEONNA ' ` ' vV4fy TON ROBERT ' EVA J.•, ; ;''.f 1, a : i'. �% ,(iJ{'' .';.;'; ti' JN fi•;,r::�`' '°1tVINS-f(;N ROBIN LEA IFARR MAf�KEL ' :1. �+� orf" �'•, ►'.!*A #I t': f ti, C�n8, .Ai�I�,?�A' ;' HAWY MARK I f=CSFisI�' " rf . 'I•;i ' .'� .ALfilf '� ,i. '';GROWN DEMONDRE � A-V ;;HOWELL THOMAS JR i-tAMSEY K—NONTE F FOR Al NtA . ` If 1~ f�"C?,. .; i`:,i'' l� :M ;'nAMS Y YVES f AhM ;: LORENZO l' ;E ' l`FIOMAS LOVC7RRi { 1' ' : 'YFIOMAS SHANDRA :JAQ. ,�TNE' f=df�[a TAMISHA A r3:lt''f i.=UR[wMAN ERIC D b� EMAIJ SHARA �}[� '�M�(��j/n��rffjj''����1NA'�j' '� ,�,s`,,•;', .., ION E •',.i .�f'aFi�'1"'•1 i•'t�?.''�''��•.1,•. , ' �'� �,,I 1I id1',,,�,,f. - ' .t;I;QREfvIAN �I- T LL :! iii ovvAN Sl EPHON " Af ,i.N; . : '; ';';? i;•� I;.r; ':' ''f=RANKLIN• DOMINIQUE ► : ;.; DEMESFIA ,•f•'��A(NE,��'• ',''' �,�'• I' j, I� '���,,� ,��.;;;:�'', • . lO�"I�JSQN ' •,oA'(�: .a' _' :�;;•,; 3RC, j,,,;i,;s ':`' f TORI ItY . : . , ,i ; °c [�� t;c '° •;I AI It�1 A GRECIA :r .1,',. r . f n GILLISPIE EDDIE Ill :... i T '• „ ;. ' ? :Y' ,t; AAs tiV, "`; .'. j Cif ENWt OD ANTHONY tt 4;.' 1•, � ,HANEL I'":'L�P.•r,1 �lai EGN��IILJ U L 0R:EENWOOD CORNELL ` KENNETH " ,1 ' • :•,�.; i;• �=.fA;N, A'��' ;. NELSON r. Gt7,NJ�' '' '�',+: 'r: r • .; C3A'Ni ObME DANIEL G.CiME ' r :;.. : A"�'j �•''1 =t:' Q Ek NERMINIA (` M /*+�} ' � }/��+ �ly'�•, ' Z JOSELUIS ti+v [SLL++,f�s'; ',. i• ;. t. 1 IJ,f",ty ., :t;•.�?' ,, :la0m. , +:,:; 1=;I LirNr GOODEN CHARECA . :( CSR N : ;,., . : ;,'' 1;IElr = .:, ', t�`OOt [ N KANDICE :(a . •,Ni'4: 'S''i'4' '. :;: f`i .E fij ;',.�° ;i" C7IEN KENNET 00p , AN ""' WAKEFIELDDAVID l i�,.;•( �/y)'( C:1' {{``c�ifi 'k;.i.;: :i r A 'ii ' :� 'i'G0RDo}N CNAR,OLETTE '': .%:, :{�.^,(:�f•,.. 1 .�rl .. '.:��, i��r '�,' '.. , pit' `:`' � ,��t:i�: � :t.;�' I''.,,a,�1;.I�1C:.�i�;� •i'j��,�t�' SHANTE . . - •�1 l .N" h;';E. '�.! :f'1�, : I ( :,;,.' • !:Sl' ARPE DEMARCO . . t ,8; 1•x' r�S:l: ' ,, ? '•,';..:i>:cY:i I ,l It ;�TUCt ME'NT "All C -L.A,5.�. M-BAST M-F=IRST GIlEv,N ' .. °;' '`. ':['.A`rR'I� I I•p. YYIGGINS PAT RICIA f l ,l*,� , ;,I ;GN,A ..�,i f,, l�A?CTON l DWAnD , f{=F ' 4, : CnE' (t , _ ,; 'I 011IFFIN ROXANNE UVALKER ELIC; "1;1AAMI:D !' �1F ; t tAgMID Int-IALIL , J:-IA..Nf) , E °�1A�`t,�,'�' HANDY BRANDON f. R M D • MA :'�`' ,, ; •: ; . .�. ',.�.1%��>fk �li,. � � :. BRANDY . ' 11�� li(l1 : , i.': JC7R;DAN JAMES -IA f�� � „ Vt�;(.�. .;;: },` • �J0RDAN JONATHAN ;;1iCC • . ;1tN:;' HASAN DONALD 11 .AWI$Ifi s j :•,±N�1i �`�F`' HAWKINS GE-ARENCE F 1, W,i, IN ;, ' 4;:C;}��IaII�t� Is ;; I IAVyICiNs TIANNA I,IAW�C�N?: ''` '; '' -;.ftv11v1 °'i`'` '' NICLOTFiEN KIONA : !' I L'ERIN ��Iot;:M�� 1-i%MES �3t�E'rT F-i'QL" S' 1 ' :[f? ; ` tibLMES MICHAEL T R,,... �i3OLI ,r. LA TF HOLMES TAI-IEHA tJ,N..,, ;: • lf� ., I.,� '. . rf-IOMAS l)EON K U Z`0' " ' `. ;'MErI, Nl: i ' , + MlTOt lEl.l. 01-iRISTINE SMITH CHARLES ' Ol�a, 'Q.N•;:+ 'f' '. ! :' � SMITH St-lAWNTAMKE I~YC}1 .:;: "I' 01,-EY OCTAVlUS I Ilt�l' I j; L �; • .i. ' �r !-iUNTER TYSKA HUNTER WILLIAM ,Q1tiI,'', T'M :,_, . 1-10AISON RRIANNA ch d ,N :.:t :'t" .Mj.Y; } ;`:' . VIUTGHI RSON ADRIENNE 'i�"1I.VA, ;� S-1"ALLWOR7N ANTHONY . 'dVl,N :, CARR DIJON I f3 (� } • ;. ;` IDAVIS NAKEYTHiA ;. ;#ACltI-• ;;I.E:';,' .,: 1;' JACKSON ROBERTJR 4 JAGN,' ; ;"1'�t 1`3;i: :° WILLIAMS LEISA f ISA,C ''' `. .i =�• ;. � , EtNSON MAtI<US . ,N; , . .` l• A. , ,. �'` ' 1100INSON TANISHA DAVONTE ..JAG N,,.., LEWISS� � r HAWN ACI{ S4 N`� NiA 0difflL, .l.; ' LEWIS DONTE GUil.LEBEAU AYESHA i1 ; X": ' GUILLEBEAU LATORIS r TNYq ' '.; • !. SUI,LIVAN TI-IRL=BSER �. M011GAN ANGEL 'pir�'I J1 ;"'.t; MORGAN �" ,YI>HA _• t f :f. + 0'Q IN Q! ,;:' ,;; �i.E3F � .� • FjNSON M1LlSA .. ,I Iy,S4t ..i'; ` , i ;. • II ,f :.' ` •`` JOHNSON 'rAMIGA .,f0N : ?' , ':�����?� :;,' l�.I~Ep CAROLYN � ":r1 C 1�J ''' • . Y:, I . t QEq ARDS MAfILON Iv rti f rti'i is i A,',• ,:' — toy 1;EW15 MYEASHA ` : llVl :: +; :;,. •- IAIU(� . CLE,MMAN ANTONIO' :! .r,NI, (;;'R A, ;: G-FIr S;�: ,:, M-MAST M-FIRST ;,.I^Ot,C} JE;I1ROLD JR I� W. ,I ;'' , PIA, ,.;.;; ; tNil_`TAMS TYNEISI-IA Lt .' , COR LIER NIKIEA 'WAI,LIGK BRACKL-,r" Z.s�1 ICY 0, i�,i.# ; WAf I<CR ALJAMAIf� WA'LKEII BRANDON WrhRxR<RrR CARMARON MUq. . r~ ,.,. 'NI $ON DAMiAN r (t!ItlRRAY, = WATTS VIRGINIA { kllj,ElK;�,Y,r' AWILLIAMS CAMILLE j .;Nf1�>�AI.(;tf ; ALLLN DONESHA NATE ,Kl -(A, : ALLEN SHARON :MAOARI;;, T �'(I�I. tIRrl 1"WAYNE ,N(AbMI'6: tai i ij;1:, ' : DILI, TYRELL NiARclN ,,�,`'fi11. F .Yj; : r. ' • MANNING APRIL :MA MANNING SABHINA t; :Mfg NtINQ AR PC)LK t: HOWARD I [vl fiIN;' . ; , ;� . ,;U11 .0 I '.. ; ALLEN TIEARE `t . MA�r��'.IN: :, is UFR�1 ; MA( TIN J1=RRIJA ,:,. W MATHEWS RENITA } MATI-IEWS SHANITA I '1�1(/�`CR-{ VV ' . J°°, .R3( yl A '.RQYAL ANTONIO ` � F 11!1G I.N. = t:�; : ll II `R 'f� 1 •t .MCCLAIN SAMARAh lb r ;. .!.. MC�OLAIN SMAMELA { HAYNER. SHAVANTA is ••�:,,: ARl ¢;,: bAVI5 NIA ? , 'i ••I: '. A SAUCER MIANA . 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' AVAR;S ' RETE YL:SFNIA TV ' 'NELSON ANTONEYA NELSON LOMONT -CHENEVERT SOKIA JACKSONSUEJuaN LI I~N ; ':K T,t ` OLDEN AMON JR FR'' i i. + ':#;' Ot EN BRANDFN OLDEN 1 r,},, RIN ' I;�t bLDEN DEANNA IVA►- ?: U;A.N (5L LVA OHL-ANDO JR l•I. } r, RENEE NE OLIVA CWF bLIVER JEANENCA PICKE-t"I' KENNETH ' ii.C:t +' _ }. .. At; f :JR'I F'AD(LLA vaNES8A PA �1l CAN: '% :! PADILLA AF MANDO PARI . g; ; f ` �! 1 , "1 ` ;' ,QANCER ANDRE � .: PA , . ,;' Fid{�ry1',k1, ,' DANCER CHESTER k +I " ALM ,. —I AC ;' DANCER TARRELL RUSSELL ALICIA ri (NO,t ICS A". ;a FkUSSELL ANTONIO MITCI-IELL SHAUN NNY . `� ' ! . ° '.k-' :I!?( TI� E3�7SWELL ROY I;� NN, 1 fJI`NNEY LAMEKA f I : :I ! !: Ql '1t{ "CUl. a �;. Y [3ROWN JAMONT Ia (� ( .�• ,E,U. ;; DROWN KEYMONA I Ii:— N! ,I" ?N=.'� ;E.• r I3C1OV1(N TEYMONA P fYt} : . ' ' C11'. .fLL ICTUS JON JR I :'�.. ►til}LLER ERIKA 1;II .A''` MDsEs TEANA Iy ( ,IM'I. PEREZ TANYA I ;LA0 LA' MASON QUAMESHA PHt�Nl '';'''� ANDERSON RYAN �1 i; 'MCCLAIN DEONTAC I?k �C '� ; i ,;.I _. . �;-1' �� ' i"RIE, `, _,} iV1t�C(J�1N GREGORY ., S;,i` I I-LIA.� I,E; i'� NICCLAlN :TEPHEN i' r11 s , '�1f , j ' I` �?AMIREz JENNIFER f t' �`N' L(C7HTF0DT KENNETH gin , }. ; f 'y; ;; MOS SHANTAE F 0 IN$01' .ROBINSON JAMARI -JANQ— : t OOINSON JOHA(Ii ..% -JONES TAIvIIKA �A AT I i�APRISI-IA DCARMAN aANCi;JEZ: a +�. ,: .:SANCHEZ CLAUDIA .: OTIA SANCIIEZ JUAN SANOHC-Z TERESA ,r'. i ; ,' '.•1k t,f'\►�11��,IIT.IV 1 ,I'1 ' t, S ''' • I:: i ,F ,�'7: ,°''t' 'M-LAST M-FIRST f i Rj <;,1ll�l,� ,: ,; a. 'SANGSTr--R NAVARRE 5t:11. ,�:uY,, QWN IEONDRE t r ! t 1-{Y�l[S LATE=.RICA i:: .I. ; .' :'• ''' `'j �` ' '{:. rE1Rj `I�t�.F~ ' . . ' :SIVEITII [7AVIS1-IA N1,!' ,�'MIrtE•I F30SEMAIIY ; $�yl:�:� '''' : .U1; 1��1yyJ1�/A�} ' , '1: , :ASI-IE3Y 1"l IEQbORE ' - MIT!�;1� ' ; i�' LtI 8ROWN DARNELL !"I'(::k'.. ; ' �, i' .s1,1 ' DON'fE a11!(lT;(`,a. } C1��N�,'' bA"GC�N GREGORY ROSS JANAE OIDSON REGINALD FMy: : :SMITH HORACE JR i i. MII l,,: ; t,: 3 iY' `ti �` } ��IITH ItENDRA . SMITH TERRY 1 sr:I4il�l: �=.: } ;SPENCER RICHARD JR RICKESHA ONTI,N(��+ FU1`CH 131LLY WI-LIAMS CAFtEr{.LIUS ` 'AYE CSR �' s'°F Q� I� •:'' ` ' i i ;(vICJRRIS 1lNTlC?NE :MORRIS AN`I'IONETTE }�� i i .E. "' }, '��• ifF1 '!,{+ I"` I'1R1 E 'tel I' �l NTOR 1 N1 �'yI if. � �,�Y, DANIEL fiFi1E �►y `? ` ;QiV1tt!ii;�,j� A -TI-IiERRY TIMOTHY „ I <. ;' QMA .► { E ; MARKS CHRISTOPHER it11ARKS ' TERRENCE 'POSTER JON-JOHN i° ITH MA LEyVR{SHA NA,���'. �'i. HUDSON AARON i :fi'IQI1hi 'S� '.i, ;;'I'�N ��1 `;; I: '; ',. 7HMAS AuI�LEY :�-�t� i ' .,5`�' ' ' ; '" `I`l-loMPSON APRILE ` =, StClY1l'I-{OMPSbN CRYSTAL ;jy1 !MITI-I ROLAND JR M �? Y'N;;; .i' : . `MITH TYLETTI~ • RI ; TICER DANIELLE TORR-NE33HY`ITINI OI TA-iQRRCNCE NIKITA K ` '`:fibl ;AIN .; TC}RHCNCE WALTER 111 ,i ll� > t RIr EI�NEA Al �t M ' . ;AND RSON}�' ', ; N r ',; '`•' ;,' `,:. r :' r ' ' ANTONIO % NE=RSG�N EDWARD I }fl NFg� ;MI' s :' C60-INS NOAH9 ' ,?`, WALLING DMEIRIUS ` ;7-0,1.1 . ; ..I : ' "``VIIIN'f`. TUNER TERREE_L :VAS91, ` •i,' ' '.' F;= l;:IrN �Lt� Y E-IADDEll S t ►;tfX1 . TC1 ` HANE DARNELL :VA ;�f'{ I;:''` ►';'i" ; 'i. {L I:.NA ; : `, fANE KEVIN BIZZELL CORNEKA 7 NO 00 A R \N,a E ,SOP AOS �R qkAN 44 6\3% '� ••�W.E�•' , , ��:;� • . �., ,�aA R CSE ,t•1 1 { .4 1 {"1 A' • t �`'���,,t,,��r,,f��x1��`�`,.'t••`.• , a ,' ,', . ;��� -�� .. `� '�t�� . . ,�•'�' `����' -SNS t7N�S�P L ire NKK t,, � �,`����'�. �•� � ��� ���; ''���,�t•- �r ARK _.: ;,� 1��: ;�,:..•. ��,;: 11VIA �.•�` •i�`L4�t�M5 M� PERP '. ,�`N�������� ••' '•� ;�.l:���`; � • '• •+W ��SpN RAF�P fit'+ ��` �,�1,_• ' {ham'{ ;', ,, ,. :� , +'i �, •', ;'+..y�.'. :.2• ::t?:551+1 t : � .a' a ,: ,` , ., la• Ate .• uounxy uounsei CLAIM FEB 2 21993 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Martinez, CA 94553 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 23, 1993 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: Und ete rmined Section 913 and 915.4. Please note all *Warnings,,. CLAIMANT•. KROP%SEP., Susan Jane for. Daniel STE[^;ART. : ERICKSO-N, Wilma for Tom ERICKSON ATTORNEY: JOU.ROIN,, Roger for Gerry JOURON EI i.za:beth A. Pri.ncipato-Phipps Date received ADDRESS: ?..201. nr:o�.d�a:�.y, Suite S03 BY DELIVERY TO CLERK ON February 17, 1993 ivi.a Coun;; l ) ' Oaj) land, Cly, 94612-3031 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. egIL D eutLOR, Cl DATED: Fe )rua 'y 22, 1.993 py II. FROM: County Counsel TO: Clerk of the Board of Sup 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: ��.(�u� Z 3 /g-3 BY: d-u - Deputy County Counsel II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD OR ER: 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: MAR 2 3 1993 PHIL BATCHELOR, Clerk, By, Deputy Clerk WARNING (Gov. code sec_ f 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. *For additional warning see reverse side of this notice. 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: MAR 3 0 1993 BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator v• This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. ELIZABETH A, PROMPAMPHIPPS /1TT0 RN F'Y ATL AW _Lam 2201 L=3RC)ADWINY �-AJITE C-303 ECEIVEDCIV L. T,c�ATft SAKI.1. A N D. CAIF(L CaE3iP-303i ELF PH()1[:. T" I.7 FA,:(51,D) FEB 1 7 1993 I File no: February 16, 1993 432-C C`LERK BOARD OF SUPERVISORS CO C L_..._C!�NJTRA COSTA C VIA CER RECEIPT P 761 877 796 Contra Costa County Sheriff' s Department San Ramon Police Department P. O. Box 391 Martinez, California 94553-0039 In re: In the matter of the claim of SUSAN JANE KROMER, as GAL for DANIEL STEWART; WILMA ERICKSON, as GAL for TOM ERICKSON; and ROGER JOURON, as GAL for GERRY JOURON, for FALSE IMPRISONMENT, ASSAULT AND BATTERY, EXCESSIVE FORCE, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS PLEASE TAKE NOTICE that pursuant to Government Code Section 910, et seq. , claimants, DANIEL STEWART, TOM ;ERICKSON, and GERRY JOURON, by their guardians ad litem, hereby present the following claim for damages against the San Ramon Police Department and the Contra Costa County Sheriff ' s Department by and through their attorney, ELIZABETH A. PRINCIPATO-PHIPPS: 1 . Claimants ' address and DANIEL STEWART address to which Notice TOM ERICKSON is to be sent: GERRY JOURON C/O Elizabeth A. Principato-Phipps 2201 Broadway, Suite 803 Oakland, CA 94612-3031 2 . Date, Place and Circum- stances of Occurrence: On September 2, 1992, Claimants were waiting at the bus stop on Alcosta Blvd. & Davona Drive approximately 100 yards west of the BP Service Station. While waiting at the bus stop two of the claimants had to use the restroom and went into the unsecured unisex bathroom at BP. The two claimants Contra Costa County Sheriff's Department San Ramon Police Department February 16, 1993 Page 2 observed the bathroom to be a mess. The toilet was plugged by underwear, toilet paper roll and feces. The sink was filthy, walls and floor were filthy. The two claimants urinated into the toilet and left. They were unable to flush due to the contents of the toilet. They then returned to the bus stop and joined the third claimant when they were approached by two men thought to be employees/ management of the BP station. All three claimants were told they had to clean the restroom or the police would be called. The claimants were fearful of the police and were intimidated by the two BP personnel and returned to the station and were escorted to the bathroom by the BP personnel during which time the claimants were expressing their denial of having messed up the bathroom. These denials were ignored. The two claimants who had used the bathroom showed the BP personnel that they had their underwear on and, therefore, did not leave it in the toilet. In spite of this the i Contra Costa County Sheriff's Department San Ramon Police Department February 16, 1993 Page 3 BP personnel locked the claimants inside a chainlink security fence gate (fully enclosed and allowing for no escape) with cleaning materials to clean the bathroom. The claimants were fearful of contamination due to the extremely filthy condition of the bathroom and asked for gloves. The BP personnel denied them the use of gloves. A third BP person who had been working the cash register then came out of the station and when he observed the gate locked, he told the other two BP personnel to unlock the gate. The gate was not unlocked. The three claimants were verbally forced to clean the restroom on the orders of the three BP personnel . They were forced to clean the sink, mop the floor, clean the walls, empty the toilet blockage. The claimants were held against their will and forced under threat of imprisonment to clean the restroom. In spite of the fact that Claimants did as they were instructed to do, two San Ramon Police Officers arrived on the scene. Contra Costa County Sheriff's Department San Ramon Police Department February 16, 1993 Page 4 The claimants explained to Officers Duncan and Quirk that they hadn' t messed the bathroom. One of the officers pulled one of the claimants by the sleeve and dragged him into the bathroom and pushed him up against the wall with one of her fists to his face and the other on her club, stating "cut the shit and tell me what the If it happened. She then accused one of the claimants of being an arsonist. When one of the claimants stood up for the other, Officer Duncan grabbed him by the shirt and slammed him up against the wall stating: "I 'm sick of you "f_ing" punks, you pull that shit and I ' ll have you in juvenile hall so fast, faster than you can believe. " She then pulled him by the shirt collar, but the other officer intervened stating to Officer Duncan "I don' t want no fingers broken this time. " She then backed off letting the claimants go. The officers then took the claimants names, phone numbers, and addresses and then went to talk with one of the BP personnel. Contra Costa County Sheriff's Department San Ramon Police Department February 16, 1993 Page 5 As a proximate and direct result of the aforementioned conduct by the San Ramon Police Officers, the claimants sustained loss of liberty, were imprisoned against their will in the toilet surrounded by the security fence, suffered great fear of injury to their persons and psyche, and suffered great emotional distress and humiliation. 3 . Nature of Loss: Claimants suffered being written up by the police under circumstances in which there was no reason to do so, which it is believed will directly reflect upon them in the future; claimants suffered severe emotional distress and humiliation; and they suffered being placed in fear of injury to their persons and psyche. 4 . Name of Public Employees: Known at present: One Officer Duncan and One Officer Quirk. 5 . Nature of Damages : General damages, costs of suit, incidental damages punitive damages against Officer Duncan. Contra Costa County Sheriff's Department San Ramon Police Department February 16, 1993 Page 6 6. Amount of Damages: It is believed that jurisdiction over the claim would lie in Superior Court. Respe,ftfully su it d Eliza eth A. r'n ipat -Phi s EAP-P cc: Roger Jouron Wilma Erickson Sue Kromer &: wp5l1krom910.c1m i•! t;. eJ` cr t( Ln W U-) NN W tt1 N v i cn N IL) 00N@ co LAf Gr{ 0 a � p 0. U U) p� i l m V� }W L t4 � EEA N PM Q o . a-o County Counsel CLAIM FEB 2 21993 JZ BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA — �viumnez, CA 94553 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 23, 1993 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: $767-86 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: RISO, Michael. & Doris ATTORNEY: Date received ADDRESS: 1771 Broadway, #227 BY DELIVERY TO CLERK ON February 17, 1993 concord, CA 9452() hand delivered BY MAIL POSTMARKED: I. FROM: Clerk of the Board of ;supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH gg DATED: February 22, 1993 B1 jl Depuiy OR, Cl II. FROM: County Counsel TO: Clerk of the Board o 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: 2-g 144 3 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 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:11AR 2 3 1993 PHIL BATCHELOR, Clerk, By Deputy Clerk 1 WARNING (Gov. code sects 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. *For additional warnina see reverse side of this notice. 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: MAR 3 0 1993 _ BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal, Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. C1aiM KkRD OF SL'FERVASOP.S OF CWMA C^..SiA C0TJN Y A. Clai mz relating � � c r death r r � i rn. F � s to c.�u:,�� o. action fo a h o for, .n�,u. . ,,o �r�on or to per- sonal property or gnawing crops and which accrue on or before Decemter 31, 1937, 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, 1388, 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 Roma 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of S,:pervisors, rather than. the County, the name of the District should be filled in. D. If the claim is agairst. more than one public entity, se-;rate m,:st be flied atainst ea'2h public entity. B. Fraud. See penalty for fraudulent claims, Penal Code Sec- ?2 2t the end of this form. R:': Claim By Lr.�� C ) Reservad for Cl r' 's I'M g stamp ��.. --boRgS RISS RECEIVED x•771 ���a•; �a�� �c�c� C� Against the County of Contra Costa ) o,. ) '� FEB 1 71993 District) ;iERK BOARD( RVISORS Fill inname �'he tundersigned clai:mnt hereby makes claim against th�County of Contra Costa or the above--named District in the sum of $ '7(07, _ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) ALLL ib 3. How did the damage or injury occur? (Give detai s• - required) wa-E. C-70INcr, 6Nkt 'J� & Q1F-RWK Pz LZ 1 CxOP,% 1&� -T bAD 4* w"nat particular act or omission on the part of county or district or-' servants or e:ployees causes: the injury or damage? `�e C PUC �+E�LiUd>— wPS vldb GLLTM E�-� c� �C" �K T P AE� �,�c►P-k L civ �� �c, \ C- - LANE: � awl ��.�AMIC RA�Cr-a� � /� t P D. wrnat are the na;-,es of coLmI.Y or district officers, servants or employees o�auning ane dam:age cr in ium-? -- _------------------------------------------ 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. CAP, -DAt EEE, 7. 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. 1171 BP-OAM� �47 9. List the expenditures you :made on account of this accident or injury: DATE ITEM AMOUNT P�1 1.N co /�N f F 1C CAS. 1)*WjE0S 1 o Gov. Code Sec. 910.2 provides: "The clai must be signed by the claimant SEND NOTICES TO: (Attorney) or is behalf.f° Name and Address of Attorney (Claimant's Signature �Address) --r'-- Coi�Cc�R,Ds� Telephone No. Tele;, NOTICE Sectibd!7.2 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 imprisonLment in the county jail for a period of not more than one year, by a fine of rot exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisor-roent in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisoruwnt and fine. "1.804..9 C+'2 T, T_ F 7s" 13-PC7 1=3 Cai> Y -IF 1VC`_ JARGEST SHOP IN THIS; RAY ARFA 30 YEARS OF SERVICE BAR #A.T37114R 2520 MONUMENT BOULEVARD CONCORD, CA 94520 (510) 689-6117 Fax: (510) 689-7836 'k ## 18045 by .TIM MAL'IBIE Date; 02-17-1993 Time; 12:41 Date Written;02-17-93 Pird Dae, Ins. Co. : Remarks ; Adjuster; License ;2XC,T 970 Appraise; M ;685-8803 Ser # Claimant; e ; Rate Code; Insured ; 91 HONDA CIVIC 4-DR In/Out Mi ; Policy C Style ; ;Pt. ; Deductibl; $0.00 Claim # # DFSCRIPTION FST PRICK; ; LABOR PAINT ---------------------------------------------------------- --------------------- 1 REPAIR LT FT FRN ; ; 1 .0 ; 2.3 2 REPAIR LT OTR PANEL ; ; 3 .5 ; 2.0 3 TINT COLOR TO MATCH ; ; 0.5 ; 4 C6RAR COAT ; ; 1 .6 5 POLI GLI COAT-E ; 50.00 ; ** XgfIMATE ** SUMMARY Labor Descriptive. Items BODY LA 3.0 @ 50.00 150.00 MATERTAT, 129.80 FRAMP TA 0.0 @ 50.00 0.00 SUPPT,IFS 0.00 MECH LA 0.0 @ 50.00 0.00 HAZARD WASTE 2.95 C,T,PAN/DFT 0.0 @ 50.00 0.00 ; SUR TABOR 0.00 0.0 @ 0.00 0.00 ADVANCE CHGS 0.00 0.0 @ 0.00 0.00 STORAGE C.HGS 0.00 0.0 @ 0.00 0.00 ; GJASS PARTS 0.00 0.0 @ 0.00 0.00 ; SUR PARTS 50.00 8.9 Labor Firs. jtens 7-5 Labor 445.00 Subtotal 6 Tax Grand Total642.58 kkkkkkkkkkkkkkkkkkk Part Prices Subject to Invoice "***'**************** AUTHORIZED AND ACCEPTED: You are hereby authorized to make the above specified repairs. I understand that payment in full will be due upon release of vehicle, including additional supplemental damage char es, and hereby grant you and/or your employees, permission to operate the car, truck or vehicle herein described on Teet, highways or elsewhere for the purpose of esting and/or inspection. An express mechanic's lien is hereby acknowledged on above car, truck or vehicle to secure the amount of repairs thereto. You will not be held responsible for loss or damage to vehicle,or articles left .in vehicle in case or fire, theft, accident or any other cause beyond your control OLD PARTS ARE JUNKED UNLESS INSTRUCTED! ** ESTIMATE ** authorized by_____ __`date PARTS PRT.CES SUBJECT TO INVOICE . . NO CREDIT CARDS -i .. .-...- .l . �� � �. r,l.'.. �. �i .. ..�.. r. � .... i - . , ... � � t 1; �� 4087 SIMPLY SUPER = OR A U T O * B O D Y BAR # ABI07867 2110 MARKET STREET CONCORD CA 94520 (510) 680-694 FAX 680-6961 EST=MATE # 4 0 8 7 by JON WILSON Date: 02-17-1.99.3 Tires 13:.03 Ctzs - -r- r-rnatian VaYiicJla Infor-matian Name RISO, MIKE Make 1991. HONDA CIVIC LX Address 1771 BROAIXIAY ST' #227 Style 4;DR SEDAN Cty St Zp CONCORD CA '94520 License <XCTT9.70 Work Pfione 685-8803 Work: NONE Ser # ' # DESCRIPTION EST PRICE ; LABOR PAINT --------------------------------------------------------------------------------------"-- ---------------------------------------------------------------------------------------- 1 REPAIR LT FENDER PANEL ; ; 1.0 ; 2.3 2 R&I LT FENDER SMALL PARTS 0.9 3 REPAIR LT 1/4 PANEL ; 1..0 ; 1.8 4 R&I LT 1/4 PANEL.,SMALL PARTS 0.8 5 BAG CAR FOR PAINT ; 6.00 ; 0.1. 6 COLOR MATCH ; 0.5 7 CLEARCOAT ; ; 1.4 8 COLOR SAND & RUB ; 1.0 9 BLEND PAINT ; ; 1.0 --------------------------------------------------------------------------------------- ESTIMATE SUMMARY Labor Desc.r.ir-tive Items P A�'I'�6 5� b-2.00 - - - . ;-)ARTF77�T-77 -- BODY LA 5.3 @ 52.00 275.60 RE17 MATERIAL 1-36.50 FRAME LA 0�-0 !a 52.00 0-00 BDY MATERIAL, 0.00 MECH' LA 0.0 @ 52.00 0.00 ; SUBLET SERV 0.00 0.0 @ 0.00 0.00 ; T/STORAGE 0.00 0.0 @ 0.00 0.00 GLASS. PARTS 0.00 0..0. @ - 0.00 0.00 ; HAZARD WASTE 0.00 lea or 1r.s. -rims. -._- :-.-C4-'."M Labor 613.60 SubtC, 0 TT, Grand`Total $767.86 zzzzzzzzzzzzzzzzzzz Part Prices Subject U.. Invoico zzizzzzzzzzzzzzzzzzzz AUTHORIZED AND ACCEPTED; Yob are hereby authorized to make the above specified-t•epairs. I understand .that payment in full will be clue up:,n release of vehicle, including additional supplemental damage r"ha"r.cJJes;'anr] hereby .grant ynit an]/rlr y,ur' employees t etmtssiin to operate the ear, crock r;r vehi.cle .erein descril,ed 'on street, higghways or elsrwh,,re tot` the purpose of �esting and/or insppection. An express mechan.ic's lien is hereby acknowled•,d on above car, truck or vehicle to secure the amount of repairs thereto. You will. not`be held responsible tor loss or hmage to vehicle or articles ]eft in vehicle in rase nr..f:re, theft, accident or any tither cause beyond your control OLD PARTS ARE JUNKED UNLESS INSTRIIC'I'[ili! ESTIMATE authorized by------------------ date ------------------ -------------------- Thank you for coming to our shop for your repairs. County Counsel CLAIM MAR 1 1993 I3, BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA iviaftinez, CA 94553 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 23, 1993 and Board Action. All Section references are to The copy of this document mailed to you is yo 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: $208.89 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MILLS, Roger B. ATTORNEY: Date received ADDRESS: 4620 Setting Sun Drive BY DELIVERY TO CLERK ON February 23, 1993 Richmond, CA 94803 BY MAIL POSTMARKED: February 22, 1993 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of 'the above-noted claim, ppHH gg DATED: February 24, 1993 BTlI DepuiyLOR, Cie II. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /�'LQ.� �� 2__ ! q 93 BY: C. Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present 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. MAR 2 3 1993 Dated: PHIL BATCHELOR, Clerk, y� 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. *For additional warnina see reverse side of this notice. 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: MAR 30 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act, nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. Clair. to: BOARD OF WPERVISORS OF CONTRA COSTA COUNn. INST'RUC71ONS M C-AlNUTT 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 sonal 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 one year after the accrual of the cause of action. (Govt. Code 5911-20-) B'. Claims iu3t 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 CoLmty, 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 ag-ainst, each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this f orrm. RE: Claim. By Res Clerk's filing stamp RECEIVED R8 2 31%3 Agalfiif ER County of Contra Costa or K BOA-RD-OFSUPE I OR District) C RA COSTA Co (Fill in name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sl.= of $ 2 O 4?Lc an L� d in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 30 UIJ! SiAL-12 2. Where did the damage or injury occur? (In&ude city and count5l Q_00fty�, Qo5�C000� VC--m k, LA) Ile 3. How did the damage or injury occur? (Give full details; Use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? 5. wnat are the names of co=Ly or district officers, servants or employees causing .he damage or in fury? I n , (? � �c)�4 ��'L �o T�l�� -- T-6 �1�►�7�C���rresl �11a�,C� --------------------------------------------.----------------------------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ,5 C-C - ,/�((( C •;� -15kLn 7. ` -How was the amount claimed aboveuted? (Include the estimated amok unt of any Y prospective injury or damage.) '-) Yi irJ o 8. Names and addresses of witnesses, doctors and hospitals. l� 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMWNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some j2erson cm his behalf." Name and Address of Attorney !ji %A y. „�. imant's Signature 620 (Address) ( Q l�j� Telephone No. Telephone No. iF a it * * 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, 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 fora 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 thestate prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. Roger B. Mills claim. 2/13/93 Question #3 . Coming from Pinole at night I was turning off Alhambra Valley Road onto Bear Creek Road, it was dark and the intersection has no lights . I hit a pothole at the right edge of the asphalt with my right front wheel . The jagged edge of the pothole tore through the side of my tire deflating it and the jolt from hitting the pothole threw my car out of alignment . Question #9 . The damage to my car was caused by the fact that the Dept of Public Works did not fill a pothole which appears. to have been at this location for some time . The Dept of Public works also did not detect the pothole by inspecting the road after the series of storms about three weeks before . The intersection has no lights and therefore I could not see the pothole to avoid it . Question #6 . My right front tire was destroyed . My car was thrown out of alignment . See attached bill . I made two phone calls for estimates for the work and a new tire . One verbal estimate was for $215 and the other was for $230 . ' ` -.T tr-4 F:�t%.,,' 1: 1,� lj-f"_lb 0:7.t 4,.',l; 1 � � C_-_' - 152O FITZGERALD DRIVE PIN3LE, CA 94564 (510)222-0431 , BAR REI# AF118477. EPA I .D. CAL 000063833 r. ]C0%4 vKz) ][ c::E__ 02/15/93 O2/15/93 12:30 PH 03: 16 PM TERR: 5622 PAGE: 01 NONSIG: 90562� BILL TO: ROGER MILLS 4620 SETTING SUN SR RICHMOND, CA 94803 PHONE 1 ' . - ' . . . (415)222-7550 VEH YEAR/MAKE. 91 HONDA PHONE 2, . . , , , . VEHICLE MODEL. ACCORD DATE ReQUESTED 02/15/93 VEHICLE COLOR. CHAMPANGE TIME REQUESTED LICENSE/STATE. 2WNP179 / CA RETURN PARTS. . NO ODOMETR !N/OUT 47986 / 47986 SALESMAN. ' . , . . 004 / 004 PRIOR INVOICE. 010719 OTHER IHFD' ' . ' R/F TIRE WAS DAMAGED BEYOND REPAIR. CUSTOMER HIT LARGE POTHOLE IN ROAD THAT DAMAGED THE TIRE. SUaGEST THAT THE CUSTOMER PURSUE THE CITY IN WHICH THE INCIDENT OCCURRED FOR REIMBURSEMENT FOR DAMAGES. POTHOLE ALSO CAUSED CAR TO BE KNOCKED OUT OF ALIGNMENT. ACC08MT 0 C08 "C CUSU TW8VAE CREDIT CARD 400, 562200005 M 01 05878 CA k030235 5396800003024266 SLSM IMIECH PRODUCT CODE BC QTY DESCRIPTION PARTS EACH L8R/EXClSE LINE TOTAL 004 060 078-162 R 1 COMP 4 �.HE[L ALIGN (AU0TL REAR NHi CKG) .00 49.00 49'0O INSPECT TIKES' ADJUST AIR PRESSURE - INSPECT STEERING AND SUSPENSION COhPOHENlS - MEASURE AN-1, CORRECT ALIGNMENT ANGLES DU FKONT AND REAR 9KlM ADJUSTABLE HHEEiS - PROVIDE PRINT OUT HlTH M0HUFACTUREKZ SPECIFICATIONS - (SH}w6 AND LABOR EXTRA KHER[ REQUIRED) 004 u3A3\-422-0 P \95/6005 89N C2 EAGLE GA BCSRPTL 13317 .0O 133.27 113-2m-010-0 QTY. 1 NO. M6RBC32R392 This is your limited 04}us/Hi\eoge ReOistrgion No 5622VV003499t- Yuo MUST Present this invoice in the cass of a Limited !i/o Warranty Adjystnext. ' NM 060' 040-10i 8 CHANGE AUTO OPE, DISMOUNT t MOUNT .0 4.00 4.0O 004 060 040-B3 K | TIRE DISPOSAL CHARGE 1.101101 .N) \.00 004 00 041-263 R 1 NEW VALVE STEM 2.51) .00 2.50 004 060 04�--263 8 i W4E8. BAILANCE - COMPUTER SPIN ?.00 5.50 7.50 TH�N� YOj'j FOR S`|OPPIHG AT GUUDvEAx. . . , ASK US TO SHOW YOU OUR NEW AQUATRED' PETS T0TN......,.. 28.77 \ CHARGEDAH0UN! 2Q. 7' i�UOK TC�AL.�...... 58.51, STATE 7[RE PB ��--�� --- T,AX&BiI AMOUNT \S7.77 CUG7JU�� 4UT;�8ll�TlU� FOR TOTAL ][ K`lD K-y J[ �], 03 EK UK FQ FR 41 k FT 43 wE so ][ KA EE F7 C3 FT 7EJq F�"CID":0 '1- ci im'r UJ624 F:z kt 1 141 fEv too 0E 1:1 km ey;14 170 01 IVA5'11, :1 04 F77 cl ly?1-1121 1- itta coN 1 i I 06616 Z 83J (13AI3a3� -Ju 00 _Q w`u , Ow a 0c w County Counsel CLAIM MAR 1 1993 J BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Martinez, CA 94553 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 23, 1993 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $50,000.00 Section 913 and 915.4. Please note all 'Warnings". CLAIMANT• WILSON, Montray (minor) by Ericka JONES ATTORNEY: Cheryl K. Black Black, Brown & Lanier Date received ADDRESS: 10329 San Pablo Ave. BY DELIVERY TO CLERK ON February 25, 1993 E1 Cerrito, CA 94530 BY MAIL POSTMARKED: hand de1..i.vered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QQHH gg DATED: February 26, 1993 B1tl DeputyLOR, Cler II. FROM: County Counsel 70: 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: //4�Ue,A ;2- . ( 7�� BY: e, Deputy County Counsel l 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD 0 DER: 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: MAR 2 3 1993 PHIL BATCHELOR, Clerk, By . Deputy Clerk WARNING (Gov. code section 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. *For additional warning See reverse side of this notice. 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: Mg AR 3 0 9193 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Actnor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. y Clair. to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMN7 A. Claim; 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, S911.29' ) B. Claims must be filed with the Clerk of the Board of Supervisors at ita office in Roan 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 Ses. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp MONTRAY WILSON, a minor ) by ERICKA JONES, his parent ) ���Q� ® W `I �m Against the County of Contra Costa ) or ) i FEB 2 5 1993 District) CLERK BOARD OF SUPERVISORS 4 Fill in name ) j�r CO'�TRA COSTA CO. V The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 50, 00, . 00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) September. 2, 19.92 �_�._....-_...._ 2. Where did the damage or injury occur? (Include city and county) Martime Children ' s Center, City of Richmond, Contra Costa �ouUty N-�.M�-M-w�N..--we-1-------- M-w- 3. How did the damage or injury occur? (Give full details; use extra paper if required) Do to lack of supervision on the play yard and an excessive ratio of children to adult supervisiors the minor child fell or jumped off of a play structure and broke his leg. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? See #3- (ove,r) 5. wnaL are the nates Awnty or district officers, servlits 'or employees causing .ne da.age or inlury? Unknown at this time . -M---------------------- --- -_-_-_------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Broken femor, missed year of Head .Start.. program; missed. employment opportunities . 7. • How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) General and specific damages $. Names and addresses of witnesses, doctors and hospitals. Kaiser Hospital Richmond, CA - -------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Medical $610 .00 Clothing $455 .00 Misc . $125 . 00 and other -expenses are * * * IF # * * * 1F * # -f .# • f # N # • f * • *' A • • • • N # unknown Gov. Code Sec. 910.2 provides: at this time . "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or some person on his behalf." Name and Address of Attorney M CHERYL K. BLACK !2 r Black, Browne& Lanier aimant s S ture 10329 San Pablo Ave . '312 Groom Drive El Cerrito, CA 94530 Address Richmond, CA . 94806 Telephone No. 510-527-7070. Telephone No. 510-527-7070 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 ($10,000, or by both such imprisonment and fine. Y YYVVYVYYSV VZf u.a t ( r s a, ay co LJ 131 v �J W O O 4, LO -- L O U +-) -P U NN O U Q? 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III I .4 plod IIID = II IIID=- II IIS �I I� =� �V.� =Illud�pl - Ilpllll IIID,= /,VII"mid/ VIII IIII'n' IIII%% � 0 � 1- 1 [� i ,1111'1 VII//i IIII'Im / .;■_/= .,._in `i= NII, p. _� - -utl% __ 1%uU; _► l in 1111 1• nll ...Ir ” ■_/= ■�■_/_ .�■_/� ■�■_/_ ■%■_/= I:II m_ N\.,Im,. III�.111 11I111� ... ,• ,141p� 1' /lull nlll �' 4 �` \\j m b�141q II 4 =X1111 plo� ",lll�= II 4II 11�= apll IIS= IIS — 1 — III 1.Ip 11 , =1\q@, i�_I�y IIII_11y IIV-1` � IIII= ` � au� l 1 � I �� -1\�_� -1:\ �_ s` \_■llu-11\I=M Nn \\- `apo l 1_ III 11.x: =x,11110 1 4H111 i�% �'��mnllln.i i�uxn4n. I�nrrnlur.11111 kh,�9;ll hill 1,111111. urnlgn i �4•un4.��%�a.¢Wlr.��% m Ip1�V�11_ppal�lll���=I I�II��� I I�IIII�- I I�pll� :I I�pll♦ III IUI� II Via IV "I' IIII% � 1 �,1 'u po e'/ � �/ .■��1 1111.E ,V�A �1-Nli � �1, ;1111 IIp/I,VII� Ilul: _� 1-011 ��= I up,�_► 1'4u.�. 1'1HI ��� 1v ��� / l��.••�J vvwrrvvr AMENDED / ao FEB 2 21993 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ma rtinez, CA 94553 1$, Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 23, 1993 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: FLORES, Daniel. through Carol FLORES ATTORNEY: Wil.l.iam B. Smith Abramson & Smith Date received ADDRESS: 44 Montgomery St. , Suite 4185 BY DELIVERY TO CLERK ON February 19, 1993 San Francisco, CA 94104 BY MAIL POSTMARKED: February 18, 1993 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QH DATED February 23, 1993 BAIL BATCepuHELORer , Cl I1. FROM: County Counsel TO: Clerk of the Board of 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: 2 3 �7�3 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 0 DER: 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. MAR 2 3 1993 Dated: PHIL BATCHELOR, Clerk, By . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. 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: MAR 3 p 1993 BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator N I This warning does not apply to claims which are not subject to the California Tort claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential :to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim.: The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to 'the California Tort Claims Act. I ABRAMSON & SMITH RECEIVED 2 WILLIAM B. SMITH 44 Montgomery Street, Suite 4185 F10 19 10 3 San Francisco, California 94104 4 Telephone: (415) 421-7995 CLERK BOARD OF SUPERVISORS 5 Attorneys for Claimant(s) CONTRA COSTA COST 6 DANIEL FLORES, by and through his mother, CAROL FLORES 7 8I In the matter of DANIEL ) 9 FLORES, by and through his mother, ) AMENDED CLAIM AGAINST 10 CAROL FLORES, ) MERRITHEW MEMORIAL HOSPITAL AND COUNTY OF CONTRA COSTA 11 Claimant. ) (Government Code § 910) 12 ) 13 14 The above named claimant(s) acting and through attorneys 15 Abramson & Smith, hereby make(s) the following claim against 16 Merrithew Memorial Hospital and the County of Contra Costa: 17 1. NAME AND ADDRESS OF CLAIMANT(S) : 18 Daniel Flores, 2276 Monterey Avenue, Martinez, California 94553 . 19 20 2 . ADDRESS TO WHICH NOTICES ARE TO BE SENT: 21 William B. Smith, ABRAMSON & SMITH, 44 Montgomery Street, 22 Suite 4185, San Francisco, California 94104 . 23 3 . DATE OF OCCURRENCE: 24 Plaintiff became aware of medical negligence on or about 25 August 20, 1992 . 26 4 . PLACE OF OCCURRENCE: 27 Merrithew Memorial Hospital, Martinez, California. 28 5. CIRCUMSTANCES OF OCCURRENCE: 29 Merrithew Memorial Hospital negligently diagnosed and 30 treated DANIEL FLORES. 31 6. GENERAL DESCRIPTION OF INJURY DAMAGES OR LOSS INCURRED: 32 Claimant lost his hearing in right ear. 33 7 . PUBLIC EMPLOYEE(s) KNOWN TO CAUSE INJURY DAMAGE OR LOSS 34 INCURRED: 35 Dr. White, Dr. Blosk and Dr. Henderson. 36 1 8 . JURISDICTION: 2 Superior Court. 3 4 DATED: February 18, 1993 ABRAMSON & SMITH 5 6 B Y - 7 WILLIAM B. SMITH 8 9 021893E. 801 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 -2- 1 2 PROOF OF SERVICE BY MAIL 3 I, the undersigned, declare: 4 I am over the age of eighteen years, employed in the City and 5 County of San Francisco, State of California, and not a party to the 6 within action; my business address is 44 Montgomery Street, Suite 4185, 7 San Francisco, California 94104 . 8 On February 18, 1993 , I served the within AMENDED CLAIM AGAINST 9 MERRITHEW MEMORIAL HOSPTIAL AND COUNTY OF CONTRA COSTA on the parties to in said action by placing a true copy thereof, enclosed in a sealed 11 envelope with postage thereon fully prepaid, in the United States mail 12 at San Francisco, California, addressed as follows: 13 County Counsel 14 Contra Costa County 651 Pine St. 15 Martinez, CA 94553 16 Clerk 17 Contra Costa County Board of Supervisors 18 651 Pine St. Martinez, CA 94553 19 20 Executive Director Merrithew Hospital 21 2500 Alhambra, Administration 22 Martinez, CA 94553 23 Executed this 18th day of February 1993 . 24 I declare under penalty of perjury under the laws of the State of 25 California that the foregoing is true and correct. 26 27 28 29 Kay Baxter, Secretary 30 31 32 33 34 35 36 -1- ED I ABRAMSON & SMITHEV 2 WILLIAM B. SMITH 44 Montgomery Street, Suite 4185 3 San Francisco, California 94104 EB 1719M 4 Telephone: (415) 421-7995 5 Attorneys for Claimant(s) c%ERKBOAFt 0 SI;PERVIs 6 DANIEL FLORES, by and through - his mother, CAROL FLORES 7 8 In the matter of DANIEL ) 9 FLORES, by and through his mother, ) CLAIM AGAINST MERRITHEW 10 CAROL FLORES, ) MEMORIAL HOSPITAL AND COUNTY OF CONTRA COSTA 11 Claimant. ) (Government Code § 910) 12 ) 13 14 The above named claimant(s) acting and through attorneys 15 Abramson & Smith, hereby make(s) the following claim against 16 Merrithew Memorial Hospital and the County of Contra Costa: 17 1. NAME AND ADDRESS OF CLAIMANT(S) : 18 Daniel Flores, 2276 Monterey Avenue, Martinez, California 19 94553 . 20 2 . ADDRESS TO WHICH NOTICES ARE TO BE SENT: 21 William B. Smith, ABRAMSON & SMITH, 44 Montgomery Street, 22 Suite 4185, San Francisco, California 94104. 23 3 . DATE OF OCCURRENCE: 24 Plaintiff became aware of medical negligence on or about 25 August 20, 1992 . 26 4 . PLACE OF OCCURRENCE: 27 Merrithew Memorial Hospital, Martinez, California. 28 5. CIRCUMSTANCES OF OCCURRENCE: 29 Merrithew Memorial Hospital negligently diagnosed and 30 treated DANIEL FLORES. 31 6. GENERAL DESCRIPTION OF INJURY DAMAGES OR LOSS INCURRED: 32 Claimant lost his hearing in right ear. 33 7 . PUBLIC EMPLOYEE(s) KNOWN TO CAUSE INJURY DAMAGE OR LOSS 34 INCURRED: 35 Unknown at this time. 36 / / 1 8 . JURISDICTION: 2 Superior Court. 3 4 DATED: February 16, 1993 BRAMSON & SMITH 5 6 7 WI LIAM B. SM H 8 ) 9 021693E. 801 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 -2- 1 2 3 CERTIFICATE OF PERSONAL SERVICE 4 5 6 Title: In the matter of Daniel Flores, by and through his 7 mother, Carol FLores. 8 I am over 18 years of age and am not a party to the within 9 entitled action. I am employed and my business address is Abramson & 10 Smith, 44 Montgomery Street, Suite 4185, San Francisco, California 11 94104 . On February 17, 1993 I caused copies of the following document 12 to be served by Silver Bullet Express Courier Service. 13 CLAIM AGAINST MERRITHEW MEMORIAL HOSPITAL . AND COUNTY OF 14 CONTRA COSTA 15 County Counsel 16 Contra Costa County 17 651 Pine St. Martinez, CA 94553 18 19 Clerk . Contra Costa County Board of Supervisors 20 651 Pine St. 21 Martinez , CA 94553 22 Executive Director 23 Merrithew Hospital 2500 Alhambra, Administration 24 Martinez, CA 94553 25 26 I declare under penalty of perjury that the foregoing is true and 27 correct. Executed at San Francisco, California on February 17, 1993 . 28 29 - 30 Kay Baxt r, Secretary 31 32 33 34 35 36 CONFIDENTIAL COUNTY COUNSEL'S OFFICE RECEIVED CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA SEB 231993 MEMORANDUM BOARD Or-SUPE /l _z�`1 qA COSTA RVIS S Date: February 23, 1993 TO: Jeanne Maglio, Clerk of the Board of Supervisors FROM: Victor J. Westman, County Counsel By: Gregory C. Harvey, Deputy County Counsel 6W- RE: W-RE: Claim of Daniel Flores Attached is a claim of Daniel Flores, a minor, improperly sent to Merrithew for filing. r. ti lei I ABRAMSON & SMITH rUI 2 WILLIAM B. SMITH IJ 44 Montgomery Street, Suite 4185 3 San Francisco, California 94104 FEB Telephone: (415) 421-7995 4 1 9 1993 5 Attorneys for Claimant(s) 6 DANIEL FLORES, by and through his mother, CAROL FLORES 7 8 In the matter of DANIEL ) 9 FLORES, by and through his mother, ) AMENDED CLAIM AGAINST 10 CAROL FLORES, ) MERRITHEW MEMORIAL HOSPITAL AND COUNTY OF CONTRA COSTA 11 Claimant. ) (Government Code § 910) 12 ) 13 14 .. The above named claimant(s) acting and through attorneys 15 Abramson & Smith, hereby make(s) the following claim against 16 Merrithew Memorial Hospital and the County of Contra Costa: 17 1. NAME AND ADDRESS OF CLAIMANT(S) : 18 Daniel Flores, 2276 Monterey Avenue, Martinez , California 19 94553 . 20 2 . ADDRESS TO WHICH NOTICES ARE TO BE SENT: 21 William B. Smith, ABRAMSON & SMITH, 44 Montgomery Street, 22 Suite 4185, San Francisco, California 94104 . 23 3 . DATE OF OCCURRENCE: 24 Plaintiff became aware of medical negligence on or about 25 August 20, 1992 . 26 4 . PLACE OF OCCURRENCE: 27 Merrithew Memorial Hospital, Martinez, California. 28 5. CIRCUMSTANCES OF OCCURRENCE: 29 Merrithew Memorial Hospital negligently diagnosed and 30 treated DANIEL FLORES. 31 6. GENERAL DESCRIPTION OF INJURY DAMAGES OR LOSS INCURRED: 32 Claimant lost his hearing in right ear. 33 7. PUBLIC EMPLOYEE(s) KNOWN TO CAUSE INJURY DAMAGE OR LOSS 34 INCURRED: 35 Dr. White, Dr. Blosk and Dr. Henderson. 36 / / / F,� .. sn•nas..,.r..... �iT>%: .J t� I J I i '! t r 1 8 . JURISDICTION: 2 Superior Court. 3 4 DATED: February 18, 1993 ABRAMSON & SMITH 56 By ? ` l 7 WILLIAM B. SMITH 8 9 021893E. 801 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 -2- 1 2 PROOF OF SERVICE BY MAIL I, the undersigned, declare: 4 I am over the age of eighteen years, employed in the City and 5 County of San Francisco, State of California, and not a party to the 6 within action; my business address is 44 Montgomery Street, Suite 4185, 7 San Francisco, California 94104 . 8 On February 18, 1993 , I served the within AMENDED CLAIM AGAINST 9 MERRITHEW MEMORIAL HOSPTIAL AND COUNTY OF CONTRA COSTA on the parties 10 in said action by placing a true copy thereof, enclosed in a sealed 11 envelope with postage thereon fully prepaid, in the United States mail 12 at San Francisco, California, addressed as follows: 13 County Counsel 14 Contra Costa County 651 Pine St. 15 Martinez, CA 94553 16 Clerk 17 Contra Costa County Board of Supervisors 18 651 Pine St. Martinez, CA 94553 19 20 Executive Director Merrithew Hospital 21 2500 Alhambra, Administration 22 Martinez, CA 94553 23 24 II Executed this 18th day of February 1993 . I declare under penalty of perjury under the laws of the State of 25I California that the foregoing is true and correct. 26 27 28 29 Kay Baxter, Secretary 30 31 32 33 34 35 36 -1- CONFIDENTIAL COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA MEMORANDUM Date: March 3, 1993 TO: Jeanne Maglio, Clerk of the Board of Supervisors FROM: Victor J. Westman, County Counsel /# By: Gregory C. Harvey, Deputy County Counsel RE: Claim of Daniel Flores Attached is an amended claim received in this office on February 24, 1993 . errithew Goose, emorial O�P�4ad °� 53 AND CLINICS Z,�'P.9�� February 22, 1993 Office of County Counsel Contra Costa County Re : Daniel Flores MR # 47-16-93 The attached claim for the above named patient was received by Merrithew Memorial Hospital on today' s date. This is an amended claim to one previously filed on 2/17/93. Mark Finucane Health Services Director cla enc xc; Ron Harvey Contra Costa County A-301A (3/87) I ABRAMSON &SMITH WILLIAM B. SMITH 2 flu- 44 Montgomery Street, Suite 4185 P pv T71 j 3 San Francisco, California 94104 4 Telephone: (415) 421-7995 jj -Ed 9 199- 5 Attorneys for Claimant (s) DANIEL FLORES, by and through 6 his mother, CAROL FLORES AA!L) J"j' j'-)I A 1 71 8i In the matter of DANIEL 91j FLORES, by and through his mother, AMENDED CLAIM AGAINST I CAROL FLORES, MERRITHEW MEMORIAL HOSPITAL 101! AND COUNTY OF CONTRA COSTA Claimant. (Government Code § 910) 1211 13 The above named claimant(s) acting and through attorneys 14 15j Abramson & Smith, hereby make(s) the following claim against ib '! Merrithew Memorial Hospital and the County of Contra Costa: 1. NAME AND ADDRESS OF CLAIMANT(S) : 17j18 ; Daniel Flores, 2276 Monterey Avenue, Martinez, California i j 94553 . 19 ! 2 . ADDRESS TO WHICH NOTICES ARE TO BE SENT: 20 it 21 William B. Smith, ABRAMSON & SMITH, 44 Montgomery Street, 22 Suite 4185, San Francisco, California 94104 . 3 . DATE OF OCCURRENCE: 23 Plaintiff became aware of medical negligence on or about 24 25 August 20, 1992 . 26 4 . PLACE OF OCCURRENCE: 271 Merrithew Memorial Hospital, Martinez, California. 28 5 . CIRCUMSTANCES OF OCCURRENCE: 29 Merrithew Memorial Hospital negligently diagnosed and 30 treated DANIEL FLORES. 31 6. GENERAL DESCRIPTION OF INJURY, DAMAGES OR LOSS INCURRED: 32 Claimant lost his hearing in right ear. 33 7 . PUBLIC EMPLOYEE(s) KNOWN TO CAUSE INJURY DAMAGE OR LOSS 34 INCURRED: 35 Dr. White, Dr. Blosk and Dr. Henderson. 36 ' q / 1 8 . JURISDICTION: 2 Superior Court. 3 4 DATED: February 18, 1993 ABRAMSON & SMITH 5 6 By 1 7 WILLIAM B. SMITH 11 8 9 021893E. 801 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 -2- 1 2 PROOF OF SERVICE BY MAIL 3 I, the undersigned, declare: 4 I am over the age of eighteen years, employed in the City and 5 County of San Francisco, State of California, and not a party to the 6 within action; my business address is 44 Montgomery Street, Suite 4185, 7 San Francisco, California 94104 . 8 On February 18, 1993 , I served the within AMENDED CLAIM AGAINST 9l MERRITHEW MEMORIAL HOSPTIAL AND COUNTY OF CONTRA COSTA on the parties 10 in said action by placing a true copy thereof, enclosed in a sealed 11 envelope with postage thereon fully prepaid, in the United States mail ; 12 at San Francisco, California, addressed as follows: 13 County Counsel 14 Contra Costa County 651 Pine St. 15 Martinez , CA 94553 16 Clerk 17 Contra Costa County Board of Supervisors 18 651 Pine St. Martinez , CA 94553 19 20 Executive Director Merrithew Hospital 21 2500 Alhambra, Administration l 22 Martinez , CA 94553 23 Executed this 18th day of February 1993 . 24 I declare under penalty of perjury under the laws of the State ofl 25 California that the foregoing is true and correct. � 26 27 � I 28 y- 29 29 Kay Baxter, Secretary 30 31 32 33 34 35 36 -1- AMENDED `.�.Q notJnty Counsel CLAIM MAR 3 1993 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA y,Q,L11 lt$z, CA 94551 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 23, 1993 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: INZERILLO, Frank ATTORNEY: David S. Thomas, Esq.. Attorney at Law Date received ADDRESS: 1610 "A" Street BY DELIVERY TO CLERK ON March 1, 1993 Antioch, CA 94509 BY MAIL POSTMARKED: hand del.ivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: March 3, 1993 ByIL BAATTCHELOR. Clerk ty II. FROM: County Counsel TO: Clerk of the Board of Su cors (x) This claim complies substantially with Sections 910 and 910.2. ( \\) This clairt 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: ,� A T T BY: co Deputy County Counsel I11. 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 ( VThis 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: MAR 2 3 1993 PHIL BATCHELOR. Clerk, By Deputy Clerk WARNING (Gov. code sectio 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. *For additional warnina see reverse side of this notice. 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 16; 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: MAR 3 0 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims 'which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is :not exhaustive and legal consultation is essential to understand all the separate limitations periods that mazy apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims -Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. 0 RECrNED "moi MAR - 1 1993 ii AMENDED CLAIM AGAINST PUBLIC ENTITY"`".ERK BOARD o.-.. ORS TO: RIVERVIEW FIRE PROTECTION DISTRICT, A Special District of the County of Contra Costa 651 Pine Street, Room 106 Martinez, CA 94553 FRANK INZERILLO hereby amends his claim against RIVERVIEW FIRE PROTECTION DISTRICT, a special district of the County of Contra Costa, and its employee, SAM ENEA, which claim was presented to you on February 26, 1993, as follows: 1. The Claimant's post office address is 1310 "B" Street, Antioch, California 94509. 2. Notices concerning the claim should be sent to David S. Thomas, Attorney at Law, 1610 "A" Street, Antioch, California 94509. 3 . The date and place of the occurrence giving rise to this claim are as follows: On September 1, 1992, Claimant, FRANK INZERILLO, was served as a named defendant in a cross-complaint in the action entitled William Siaillo, et al. v. Jose Ramirez , et al. in Contra Costa County Superior Court Case Number C91-05267. A copy of the cross-complaint is attached hereto as Exhibit "A". A copy of the Summons showing the date of service on the Claimant is attached hereto as Exhibit "B" . 4. The circumstances giving rise to this claim are as follows: On or about February 3, 1988, RIVERVIEW FIRE PROTECTION DISTRICT, by and through its employee, SAM ENEA, negligently and/or negligently, intentionally, fraudulently and with corruption and actual malice made a false representation to the effect that the real property located at the corner of 18th and Amber Streets in the City of Antioch, County of Contra Costa, State of California, and commonly known as 61 E. 18th Street, Antioch, California, had been tested and found to be clear of contaminants. A copy of the misrepresentation made by RIVERVIEW FIRE PROTECTION DISTRICT, by and through its employee, SAM ENEA, is attached hereto as Exhibit "C". The letter was prepared for and delivered to defendant, DICK SILVERA, who is a defendant in the above-described action. Defendant, DICK SILVERA, in turn, delivered said false representation to claimant and cross-defendant, FRANK INZERILLO and plaintiff, WILLIAM SIGILLO, who, with his wife, PATRICIA SIGILLO, subsequently purchased the subject real property from defendants, JOSE and BETTY RAMIREZ. In making said purchase, both plaintiff SIGILLO and cross-defendant and claimant INZERILLO reasonably relied upon the representations contained in the letter written by RIVERVIEW FIRE PROTECTION DISTRICT employee, SAM ENEA. Subsequently, it was discovered that the subject representation set forth in Mr. Enea's letter was false and that the property was and is contaminated with hydrocarbons. As a proximate result of the false representation contained in RIVERVIEW FIRE PROTECTION DISTRICT employee SAM ENEA'S letter, plaintiffs SIGILLO sued defendants, RAMIREZ and others seeking recision and damages. A copy of the amended complaint filed by plaintiffs SIGILLO is attached hereto as Exhibit "D". Subsequently, defendants RAMIREZ cross-complained against claimant and cross-defendant INZERILLO for indemnity and damages. At the time the false representation was made, RIVERVIEW FIRE PROTECTION DISTRICT, had no obligation or duty to provide information regarding the question of whether the real property was contaminated. Nonetheless, RIVERVIEW FIRE PROTECTION DISTRICT, by and through its employee, SAM ENEA, voluntarily undertook to provide the information and, in fact, negligently provided false information on the matter. Further, at the time RIVERVIEW FIRE PROTECTION DISTRICT employee, SAM ENEA, provided the false information contained in his above-described letter, he knew that he was not in a position to provide any information regarding the question of whether the subject real property was contaminated but, the response to a request by Defendant, DICK SILVERA, he intentionally, fraudulently, and with corruption and actual malice made the false representation contained in the letter, with the intent of assisting defendant Mr. SILVERA and damaging others who might rely on the contents of his letter. Claimant FRANK INZERILLO is hereby seeking indemnity from RIVERVIEW FIRE PROTECTION DISTRICT and/or its employee SAM ENEA against all costs, damages, attorney's fees and expenses incurred by Claimant in defending the action brought by cross-complainants RAMIREZ. Such request for indemnification from the subject public entity and/or the public employee is based on equitable grounds for full and/or partial indemnity. Further grounds for such indemnification are unknown at this time, however, there may be a further basis for express indemnification from said public entity and/or public employee as discovery continues. 5. Claimant's injuries are all damages, costs, expenses and attorney's fees incurred in defending the above-described action. 6. The names of the public employees causing the claimant's injuries are SAM ENEA and LARRY THUDE. 7. The Claimant's claim as of the date of this claim is in an amount that would place it within the jurisdiction of the Contra Costa County Superior Court. The claim is based on damages, expenses, and costs assessed against this Claimant, together with attorney's fees and costs incurred by this Claimant all in amounts to be proved later. DATED: March 1, 1993 . LAW OFFICES OF DAVID S. THOMAS DAVID S. THOMAS on behalf of Claimant CURTIS L.JOHNSON AND ASSOCIATES ATIORNE1 240 LONE AT WAY.SWE 202 u 31 ANT OCH.CA LFORNIA 94509 • .^ 2 (415)77"456 3 "'• - 4 ATTORNEYS FOR 5 Defendants, JOSE RAMIREZ, et al. t!I1A .rbc 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF CONTRA COSTA 9 10 WILLIAM SIGILLO, et al. , NO: C91-05267 11 Plaintiffs, CROSS COMPLAINT FOR 12 NUISANCE; TRESPASS; V. NEGLIGENCE ; NEGLIGENT 13 MISREPRESENTATION; BREACH JOSE RAMIREZ, et al. , OF CONTRACT; AND DECLARATORY 14 RELIEF 15 Defendants. 16 17 JOSE RAMIREZ and BETTY RAMIREZ, 18 Cross-Complainants, 19 vs. 20 HUDSON GAS CO. , a business entity, 21 ABDUL GHAFOOR, KALSOOM GHAFOOR, FRANK INZERILLO, individually 22 and dba NORTHCAL PROPERTIES, WESTERN DELTA MARINE CONSTRUCTION, 23 WILLIAM and PATRICIA SIGILLO, and DOES 1-50, inclusive, 24 Cross-Defendants. 25 / 26 Cross-complainants, JOSE RAMIREZ and BETTY RAMIREZ (hereinafter sometimes referred to as "Ramirez") hereby alleges 1 EXHIBIT 1 2 against HUDSON GAS CO. , ABDUL GHAFOOR (hereinafter sometimes 3 referred to as " A. GHAFOOR" , KALSOOM GHAFOOR (hereinafter 4 sometimes referred to as 11K. GHAFOOR", FRANK INZERILLO, 5 individually and dba NORTHCAL PROPERTIES (hereinafter sometimes 6 referred to as "INZERILLO" , WESTERN DELTA MARINE CONSTRUCTION 7 (hereinafter sometimes referred to as "WESTERN" and WILLIAM AND 8 PATRICIA SIGILLO (hereinafter sometimes referred to as "SIGILLO" 9 and DOES 1-50, inclusive as follows: 10 GENERAL ALLEGATIONS 11 1. Cross-complainants are informed and believes and thereon 12 allege that cross-defendant, Hudson Gas Co. is a business entity, 13 form unknown, licensed to transact business within the State of 14 California. Cross-Complainants pray leave to amend their cross- 15 complainant when said cross-defendant's identity is ascertained. 16 2 . Cross-complainants are informed and believe and thereon 17 allege that Abdul Ghafoor, is, and at all relevant times was, a I 18 resident of Contra Costa County, California. 19 3 . Cross-complainants are informed and believe and thereon I 20 allege that cross-defendant, Kalsoom Ghafoor, is, and at all f 21 relevant times was, a resident of Contra Costa County, f 22 California. 23 4 . Cross-complainants are informed and believe and thereon 24 allege that cross-defendant, Frank Inzerillo individually and dba 25 Northcal Properties, is a licensed real estate agent and is 26 transacting business in Antioch, Contra Costa County, California. ;URTIS L JOHNSON ,ND ASSOCIATES noahm wr Uw 2 '.a Lor*TREE W^V.SUR 2n 411CICK CAUFORNAMIN IQ»wase 1 2 5. Cross-complainants are informed and believe and thereon 3 allege that Western Delta Marine Construction is a business 4 entity, form unknown, licensed to transact business within the 5 State of California. Cross-Complainants pray leave to amend 6 their cross-complainant when said cross-defendant's identity is 7 ascertained. 8 6. Cross-complainants are informed and believe and thereon 9 allege that William and Patricia Sigillo, husband and wife, were 10 residents of Antioch, Contra Costa County, California, at the 11 time this action was filed. 12 7 . Cross-complainants are ignorant of the true names and 13 capacities of cross-defendants sued herein as DOES 1 through 50, 14 inclusive, whether individual, corporate, associate or otherwise, 15 and therefore sues these cross-defendants by such fictitious 16 names. Cross-complainant will amend this cross-complaint to 17 allege their true names and capacities when ascertained. 18 8 . Cross-complainant is informed and believes and thereon 19 alleges that each of the cross-defendants designated herein as a 20 DOE was in some . manner responsible for the occurrences and 21 injuries alleged herein, and the cross-complainants' damages 22 herein alleged were proximately caused by their conduct. 23 9. Cross-complainants are informed and believe and thereon 24 allege that each of the defendants herein were at all times 25 relevant hereto, the agent, employee or representative of the 26 remaining cross-defendants and was acting at least in part within the course and scope of such relationship. :URTIS L.JOHNSON .ND ASSOCIATES .ITCQNM Al LAW 3 .2+0 LONE IQEE WAY,OUQE 2D2 MOCK CAUFCQtAA965W 1 2 10. The above court is the proper court for the 3 commencement and prosecution of this cross-complaint in that the 4 contract which is the subject of this action was entered into in 5 this judicial district and/or the cross-complainants reside 6 within the above judicial district. 7 11. Cross-complainants hold title to approximately . 387 8 acres of undeveloped real property known as Contra Costa County 9 Assessor's Parcel Number 065-142-023-4 located at 61 E. 18th 10 Street, Antioch, California, as more particularly described in 11 the records of the County Recorder of Contra Costa County, 12 California (hereinafter sometimes referred to as the "PROPERTY' ) . 13 12 .' Cross-complainants purchased the PROPERTY from 14 defendants A. Ghafoor and K. Ghafoor in March of 1986. Cross- 15 complainants further allege that the Ghafoors (and their 16 predecessors in interest) owned, operated, repaired and i 17 maintained, a gasoline service station on the subject property. i i 18 13 . Cross-complainants are informed and believe, and 19 thereon allege, that an underground gasoline storage tank(s) 20 capable of storing environmentally damaging, hazardous and/or I 21 toxic waste, substances, chemicals or materials (hereinafter 22 sometimes referred to as "CONTAMINANTS") are present, or in the 23 past have been present, at or about the PROPERTY. Cross- 24 complainants are informed and believe and thereon allege that 25 defendants, HUDSON GAS CO. , ABDUL GHAFOOR, KALSOOM GHAFOOR, and 26 WILLIAM AND PATRICIA SIGILLO, and each of them, own, have owned, leased, maintained, operated, and/or have assumed responsibility CURTIS L.JOHNSON AND ASSOCIATES ATIORNEY3 AT LAW 4 324o loNE TQEE WAY.SUFM 202 AML)GI.GMiORNAv45W T41$71444% i 1 2 for the underground gasoline storage tank(s) , and have also 3 assumed responsibility for any leakage or release from these 4 tanks. 5 14 . Cross-complainants are informed and believe, and 6 thereon allege, that at times presently unknown to cross- 7 complainants, a release or releases of CONTAMINANTS occurred from g said tanks onto or into the PROPERTY. 9 15. Cross-complainants are informed and believe, and 10 thereon allege, that at times presently unknown to cross- 11 complainants, a release or releases of CONTAMINANTS occurred onto 12 or into the PROPERTY as a result of the failure of HUDSON GAS 13 CO. , ABDUL GHAFOOR, AND KALSOOM GHAFOOR to properly prevent 14 and/or supervise the use, storage, maintenance and/or release of 15 CONTAMINANTS on the property. 16 16. Cross-complainants are informed and believe, and 17 thereon allege, that after the releases of CONTAMINANTS, as 18 alleged above, such CONTAMINANTS migrated both vertically and 19 horizontally through the soils of the PROPERTY. Cross- 20 complainants are informed and believe, and thereon allege, that 21 the releases and migration of CONTAMINANTS, as alleged above, led 22 to a contamination of the soil. 23 17 . Cross-complainants are informed and believe, and 24 thereon allege, that the PROPERTY has a reduced fair market value 25 due to the presence of the CONTAMINANTS. 26 :WTIS L.JOHNSON >ND ASSOCIATES MORNM Al LAW 5 2V LONE TREE WAV.SUnT 2W Nac„.cxfct+wAana �9 7A4a0e 1 2 FIRST CAUSE OF ACTION (Against Hudson, A. Ghafoor, K. Ghafoor for Nuisance) 3 18. Cross-complainants reallege and incorporate herein 4 paragraphs 1 through 17, inclusive. 5 19. Cross-complainants are informed and believe, and 6 thereon allege, that defendants, use, storage, maintenance and/or 7 release on, about, and/or into the PROPERTY of' some or all of the 8 CONTAMINANTS constituted and continues to constitute a nuisance 9 within the meaning of section 3479 of the California Civil Code 10 in that such use, storage, maintenance and/or release was and is 11 injurious to the health of those on the PROPERTY, offensive to 12 the senses of those on the PROPERTY, and obstructive to the free 13 use of the PROPERTY so as to interfere with the comfortable 14 enjoyment thereof. 15 20. Cross-complainants have requested that the defendants, 16 (except DOE 1 through DOE 50, inclusive) , abate the nuisances and 17 correct the damages caused therefrom, but said defendants have 18 refused to take such action. 19 21. Cross-complainants have been and will be required to 20 respond to the effects of the contamination of the soil of the 21 PROPERTY and as a result cross-complainants has incurred and will 22 incur substantial costs. Cross-complainants are informed and 23 believe, and thereon allege, that such response and expenditures 24 on the part of cross-complainants are the proximate result of 25 defendants' nuisance. 26 CURTIS L JOHNSON AND ASSOCIATES ^nCQNM AT LAW 6 "LONE IQEE WAY.OUQ6 M2 ^MMH.CALOORMA 945W LA IV"V4fa 1 2 22 . Cross-complainants are informed and believe and thereon 3 allege, that as a further proximate result of the nuisance of the 4 defendants, the PROPERTY has been injured and its value greatly 5 reduced. 6 WHEREFORE, cross-complainants pray for judgment as i 7 hereinafter set forth. 8 SECOND CAUSE OF ACTION (Against Hudson, A. Ghafoor, K. Ghafoor for Trespass) 9 23 . Cross-complainants reallege and incorporate herein 10 paragraphs 1 through 22, inclusive. 11 24 . Cross-complainants are informed and believe, and 12 thereon allege, that the herein alleged acts of the defendants , 13 including, without limitation, their use, storage and/or 14 maintenance of some or all of the CONTAMINANTS on or about the 15 PROPERTY in such a manner as to cause such CONTAMINANTS to enter 16 into and contaminate the soil of the PROPERTY without cross- 17 complainants consent, constituted and continues to constitute a 18 trespass of the PROPERTY by the defendants and have interfered 19 and continues to interfere with the ownership rights of cross- 20 complainants in and to the PROPERTY. 21 25. Cross-complainants have been and will be required to 22 respond to the effects of the contamination of the soil of the 23 PROPERTY, and as a result, cross-complainants have incurred and 24 will incur substantial costs. Cross-complainants are informed 25 and believe, and thereon allege, that such response and 26 expenditures on the part of cross-complainants are the proximate CURTIS L JOHNSON AND ASSOCIATES AnOQNM Al Inw 7 3M tor*ME WAY.XAIE M2 Mn OCK CALFLV?4A 045W (A 19 7794456 1 2 result of defendants' trespass. 3 26. Cross-complainants are informed and believe, and 4 thereon allege, that as a further proximate result of defendants' 5 trespass, the PROPERTY has been injured and its value greatly 6 reduced. 7 WHEREFORE, cross-complainants pray for judgment as 8 hereinafter set forth. 9 THIRD CAUSE OF ACTION (Against all defendants for Negligence) 10 except SIGILLO 11 27 . Cross-complainants reallege and incorporate herein 12 paragraphs 1 through 26, inclusive. 13 28 . DUTIES OWED: 14 (A) HUDSON GAS CO. , ABDUL GHAFOOR, KALSOOM GHAFOOR, and 15 owed the owners and occupiers of the property, including cross- 16 complainants, a duty not to use, store, maintain, and/or release 17 in a negligent manner, on or about the PROPERTY, any substances 18 which would injure the property. 19 ., . (B) FRANK INZERILLO, individually and dba NORTHCAL 20 PROPERTIES owed cross-complainants a duty to conduct a reasonable 21 investigation into whether the property was contaminated and to 22 inform them of the presence of contaminants in the soil. 23 (C) WESTERN DELTA MARINE CONSTRUCTION had a duty to conduct 24 their investigation into the presence or absence of petroleum 25 hydrocarbon in a reasonable manner. 26 URTIS L JOHNSON ND ASSOCIATES ORNE"AI UW 8 b IONS IPEE WAY.SWE 2D2 IACN.CA""NA 9dw) 9 7�� r 1 2 29. NEGLIGENT ACTS: 3 (A) Cross-complainants are informed and believe, and 4 thereon allege, that HUDSON GAS CO. , ABDUL GHAFOOR and KALSOOM 5 GHAFOOR negligently used, supervised the use of, stored, 6 maintained, released and/or failed to prevent the release of some 7 or all of the CONTAMINANTS in such a manner as to cause the i 8 CONTAMINANTS to contaminate the soil. 9 (B) Cross-complainants are informed and believe, and 10 thereon allege, that FRANK INZERILLO, individually and dba 11 NORTHCAL PROPERTIES failed to make a reasonable inquiry or 12 investigation into the issue of CONTAMINANTS on the PROPERTY and 13 failed to inform cross-complainants of the presence of petroleum 14 hydrocarbons. 15 (C) Cross-complainants are informed and believe, and 16 thereon allege, that WESTERN DELTA MARINE CONSTRUCTION failed to I 17 act reasonably in the performance of their duties in conducting 18 testing and preparing a report in which they stated that the 19 PROPERTY was free and clear of petroleum hydrocarbon. 20 30. Cross-complainants have been and will be required to 21 respond to the effects of the contamination and, as a result, 22 cross-complainants have incurred and will incur substantial 23 costs. Cross-complainants are informed and believe, and thereon 24 allege, that such response and expenditures on the part of cross- 25 complainants are the proximate result of -the negligence of 26 defendants. CURTIS L JOHNSON AND ASSOCIATES An COMM Al LAW 9 324 LONE If&(W^Y.turtF W2 gobs,.ciu90014A945M Lig M-940o 1 2 31. Cross-complainants are informed and believe, and 3 thereon allege, that as a further proximate cause of defendants' 4 negligence, the PROPERTY has been injured and its value greatly 5 reduced. 6 WHEREFORE, cross-complainants pray for judgment as 7 hereinafter set forth. g FOURTH CAUSE OF ACTION (Against A. Ghafoor, K. Ghafoor, Frank Inzerillo 9 . for Negligent Misrepresentation) 10 32 . Cross-complainants reallege and incorporate herein 11 paragraphs 1 through 31, inclusive. 12 33 . On or about, March 5, 1986, cross-complainant purchased 13 the subject property from Abdul and Kalsoom Ghafoor. 14 34 . At the time cross-complainant entered into the written 15 contract with cross-defendants, and each of them, cross- 16 defendants and cross-defendants' agent represented to cross- 17 complainant that the property was free and clear of petroleum 18 hydrocarbon contamination. 19 '35. Cross-defendants' , and each of them, by and through 20 their agent, Frank Inzerillo, individually and dba Northcal I 21 Properties made these representations without reasonable ground 22 for believing them to be true. 23 36. Cross-complainants have been and will be required to 24 respond to the effects of the contamination and, as a result, 25 cross-complainants have incurred and will incur substantial 26 costs. Cross-complainants are informed and believe and thereon URTIS L JOHNSON ND ASSOCIATES IMNEW AT LAW 10 410 LONE INEE WAY.WIFE 201 ilKXH.CJJfORNA 045W vT1"456 1 / 1 2 allege, that such response and expenditures on the part of cross- 3 complainants are the proximate result of the negligent 4 misrepresentations of defendants. 5 WHEREFORE, cross-complainants pray for judgment as 6 hereinafter set forth. 7 FIFTH CAUSE. OF ACTION (Against A. GhafodiilrWId M%UQhaCffbdfC`IffbQN Breach of Contract) 8 37. Cross-complainants hereby reallege and incorporate each 9 herein paragraphs 1 through 36, inclusive. 10 38. On or about March 5, 1986, cross-complainants entered 11 into a purchase contract for the sale of the real property to 12 SIGILLO as hereinabove described. Said purchase contract 13 outlined specific conditions and duties for the parties. .14 Furthermore, certain disclosures were made to the cross- 15 complainants regarding the condition of the PROPERTY. Cross- 16 defendants failed to disclose the presence of petroleum 17 I hydrocarbon in the soil. 18 39. Cross-defendants failure to disclose the presence of 19 petroleum hydrocarbon in the soil constituted a breach of the 20 purchase agreement between the contracting parties. 21 40. As a proximate result of said cross-defendants' breach 22 of the purchase contract, cross-complainants have lost the 23 24 benefit of their bargain, and suffered injuries and other damages 25 in amounts according to proof. 26 WHEREFORE cross-complainants pray for judgment against cross-defendants as herein set forth. ::URTIS L.JOHNSON AND ASSOCIATES 41ORNEY!AT LAW 11 240 LONE 1 REE WAV,SURE 9D2 %W00I.CALfOQN1A9Ar" i{�7!94456 SIXTH CAUSE OF ACTION (Against all cross-defendants for Declaratory Relief) 2 41. Cross-complainants hereby reallege and incorporate 3 herein paragraphs 1 through 40, inclusive. 4 42 . Cross-complainants are informed and believe and thereon 5 allege, that an actual controversy exists between themselves and 6 cross-defendants concerning their respective obligations for the 7 remediation of the contaminated soil on the PROPERTY. 8 43 . Cross-complainants further allege that unless the 9 rights, duties and obligations of cross-complainants and cross- 10 defendants are determined in this action, there will be a 11 multiplicity of actions required to determine those rights, 12 duties and obligations. Therefore, cross-complainants request a 13 judicial determination of the duties and obligations of the 14 cross-defendants to cross-complainants, and the cross-defendants 15 to other persons and entities which may now have or may 16 hereinafter assert jurisdiction over the damage alleged to said 17 property (including but not limited to cross-complainants, the 18 County of Contra Costa and the State of California) . 19 44 . Cross-complainants further allege and contend that: 20 A. The contamination of the soil on the property of 21 petroleum hydrocarbons was solely due to the acts and omissions of cross-defendants; 22 B. The failure to identify, cleanup, and remove the 23 petroleum hydrocarbons was due solely to the acts 24 and omissions of the cross-defendants; C. Cross-defendants are jointly and severally liable 25 for: 26 2TIS L JOHNSON 3 ASSOCIATES MMMLAW 12 .Chf&MEE WAS',wlfE 202 CK cAL*0A?"96ou �ve5a i 1 i 1. The entire costs of removing the petroleum ` 2 hydrocarbons and cleaning the property according to code; 3 2 . The entire cost of compliance with any clean up 4 orders issued by government agencies, and all costs incurred by cross-complainants for 5 consultant's fees and attorney's fees in response to government reporting, 6 characterization, removal and remediation requirements; and 7 3 . The entire cost of any additional or 8 administrative actions brought by any persons or entities, public or private, concerning the 9 removal of petroleum hydrocarbons, contamination of the soil therefrom on or under 10 said property. 11 45. Cross-complainants are informed and believe, and 12 thereon allege, that cross-defendants deny the contentions of 13 cross-complainants. 14 WHEREFORE, cross-complainants pray for judgment as follows: 15 1. For damages in an amount subject to proof at trial; 16 2. For a determination by this court of the duty of the 17 cross-defendants to indemnify cross-complainants against any 18 claims, required environmental response actions, damages, costs, 19 expenses and liabilities arising out of cross-defendants' use, 20 and maintenance of the underground gasoline storage tank(s) on 21 the subject property; i 22 3 . For a declaration by this court that the cross- 23 defendants are obligated to indemnify cross-complainants against 24 all such claims, environmental response actions, damages, costs, 25 expenses, diminution in property value, and liabilities; 26 4 . For attorney's fees pursuant to California Code of Civil Procedure section 1021.6; CURTIS L JOHNSON AND ASSOCIATES AnoaNM Al UW 13 ftAD IONS 10H WAY.SM 702 W KXH.Q44. QMA945W x197 Vft I 1 2 5. For costs of suit incurred herein; and 3 6. For such other and further relief as this Court deems 4 just and proper; or in the alternative. 5 7. That this Court declare that the purchase agreement 6 between cross-complainants and cross-defendants, ABDUL and 7 KALSOOM GHAFOOR has been rescinded; 8 2 . That cross-defendants, ABDUL and KALSOOM GHAFOOR be 9 ordered to pay to cross-complainants the following sums: 10 (a) The consideration paid by cross-complainants with 11 interest thereon at the legal rate from March 5, 1986; 12 (b) The general damages suffered by cross-complainants 13 in an amount to be determined at trial; 14 (c) Such other special damages suffered by cross- 15 complainant in an amount to be determined at trial; 16 (d) Punitive damages in an amount to be determined at 17 trial; I 18 3 . For reasonable attorney's fees as provided for in the 19 contract in an amount to be determined at trial. 20 4 . For costs of suit herein incurred; and 21 5. For such other and further relief as the Court may deem 22 proper. 23 DATED: August 24, 1992 CURTIS L. J HNSON AND ASSOCIATES 24 By: 25 CURTISLplainants, NSON, ESQ. AttorneDefendants/ Cross-CT JOSE 26 and BETIREZ URTIS L.JOHNSON NO ASSOCIATES IMMM At tww 14 O LO IXE war. M Sao 1hat.CAJ4.A A945W 9 nq,� 1 PROOF OF SERVICE BY MAIL 2 3 I, CHRISTINA HOPKINS, certify and declare as follows: 4 I am over the age of 18 years, and not a party to this action. My business address is 3240 Lone Tree Way, Suite 202, 5 Antioch, California 94509, which is located in the county where the mailing described below took place. j 6 I am readily familiar with the business practice at my place 7 of business for collection and processing of correspondence for mailing with the United States Postal Service. 8 Correspondence so collected and processed is deposited with the United States Postal Service that same day in the 9 ordinary course of business. 10 On August 24, 1992, at my place of business in Antioch, California, a copy of the following document(s) : CROSS- 11 COMPLAINT was placed for deposit with the United States Postal Service in a sealed envelope, with postage fully 12 prepaid, addressed to: 13 Craig L. Judson, Esq. BOLD and POLISNER 14 500 Ygnacio Valley Road i Suite 325 15 Walnut Creek, CA 94596-3840 i 16 and that envelope was placed for collection and mailing on I that date following ordinary business practices. 17 i I certify and declare under pety erjur der the laws 18 of the State of California a theof foreg n is rue and correct. 19 � Executed on August 24 , 1992 20 C 2ISTI HOPK NS 21 22 23 24 25 26 CURTIS L JOHNSON AND ASSOCIATES AVORNM Al 1AW 15 3240 LONE IREE WAY.SWE 702 AMIOCN.CALfORNIAP4.5W (4 13)7AL94 o SUMMONS f CROSS COMPLAINT • (C/TACION JUDICIAL, TOR COURT USE ONLY NOTICE TO DEFENDANT. (Avisu a Acusado) (34M)MRA WO Dr LA 1(.411) HUDSON GAS CO. , a business entity, ABDUL GHAFOOR, KALSOOM GHAFOOR, r RANK INZERILLO, individually and dba NORTHCAL PROPERTIES, WESTERN DELTA MARINE. CONSTRUCTION, WILLIAM AND PATRICIA SIGILLO, and DOES 1-50, inclusive, r YOU ARE BEING SUED BY PLAINTIFF: (A Ud. le esla demandandu) JOSE RAMIREZ and BETTY RAMIREZ You I►ave 30 CALENDAR DAYS after this sum- 04-spurs de que Is enfreguen esti cilacidrr judicial usfed mons is served un you to file a typewritten re- liene un plaza de 30 DIAS CALENDARIOS parr presenlar sponse at this court. una respuesla escrita a imiquina en esta curfe. A letter or phone call will not protect you: your Una car a a una llarnada felelonica no le olreceri typewritten response must be ill proper legal pruleccidn; su respuesla escrifa a imiquina liene que form if you want the court to hear your case. cunrplir con las luraralidades lex.iles aprupiadas si usfed If you do not file your response on time, you may quit-re que la curie est-riche su casu. lose the case, :old your wages, money and pro- Si usfed nu presenia su respuecta a tiempu, puede perder perly may be oaken without lurcher warning from el casu, y le put-den quilar su sal.rriu,su dineru y olras cusas the court. de su propiedad sin aviso adiciurral pur parte de la curie. There are olher legal requirements. You may L.►i.clen olrus requisittis leg-lies. Puede que usfed quicri want to call an attorney right away. If you do not Ilanrar a un abugadu innurdia(amenle. Si nu cwruce a un know an attorney, you may call an attorney refer- abugadu, puede Ilanrar a un serviciu de re(erencia de ral service or a legal aid office (listed in the phone abogadus u a una olicina de ayuda legal(vea el directoriu book). leleldnicu). CASE NUNW1.11: 1m; eru del(.I.) The name and address of the court is: (fl nonlble y direccibn de la cure ens) C91-05267 SUPERIOR COURT OF THE STATE OF CALIFORNIA CONTRA COSTA COUNTY 725 COURT STREET MARTINEZ , . CALIFORNIA 94553 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (l.l humble; 1.1 dileccieirr y el nlinfcru de le161unu del abugadu del demand.Lnw, u del demandanle que no fiene abogado, es) CURTIS L. JOHNSON, ESQ. (510) 779-9456:• CURTIS L. JOHNSON AND ASSOCIATES 3240 Lone Tree Way, Suite 202 Antioch, California 94509 HARBRECFiT D/1rE: Clerk, b , Deputy (,,•rl,.11 2 41992 y AUG 00u.trtlr) —... (Ue•Jt•�.t11o1 rst:nij - NO I - TU THE PERSON SERVED: You are servod L as an individual defendant. Nib 2. j as the person sued under the fictitious name of (specify): dbZ-� NaQ•�11 0yl Pry rfi�5 3. 0 un behalf of (specify): udder: = CCP 416.10 (corporation) CCP 416.60 (minor) L CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) CCP 416.40 (association or partnership) CCP 416.9�iwEt+ 'dual) U other: p� �{ 4. by personal delivery on (dare): I —V I 1 p room Adopted by(lura. 9112 (See reverse for Proof of Service) Jud-C.Al Count it(it Coldumia 91121n1191111ev. Jauua.y 1. 191141 SUMMONS ..r •nr�(�r` ��..r: ran ' rver�ie�v FIRE PROTECTION DISTRICT Chief EDWARD t.HCX)PS.Cl,.,frn,a„ ALLEN 1.11ILi. Uvc1N IA aILEN ROBERT BAI.DRILX:L: TAYLOR DAVIS HORACE A.L.NCA February 3 , 1988 SIG IANSTROM MARYROCHA Hudson Gas 18th & Amber Antioch, CA 94509 SUBJECT: Underground Tanks 18th & Amber Antioch, CA Dear Mr. Silvera: On December 16, 1985, an inspection was done in regards to the removal of underground tanks at the above facility. The underground tanks were removed by Western Delta, Marine Construction, Richard M. Bartee. The ground soil was tested by a licensed company and found to be clear of contaminates. If you have any questions regarding this letter, please contact the undersigned at 757-1303. Sincerely, ALLEN LITTLE Fire Chief r B '/ •���� SAM ENEA Fire Inspector AL:SE:ps EXHIBIT�- 1500 WEST FOURTH STREET -ANTIOCH,CALIFORNIA 94509-1099 -TELEPHONE(415) 757-1303 • I • li 1 II CRAIG L. JUDSON BOLD AND POLISNER 2 ;I 500 Ygnacio Valley Road, Ste. 325 j I Walnut Creek, CA 94596 _ $ �± (510) 933-7777 -_ NOTICE: (LOCAL RULE 5) THIS CASE IS SIGNED TO 4 '� Attorneys for Plaintiffs DEPT. AND COMES UNDER GOVEMMENT CODE 68600 6 I i� II 6 II SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA j 7 , 8lI i WILLIAM SIGILLO and j No. C 91 05267 911 PATRICIA SIGILLO ) AMENDED COMPLAINT 101, Plaintiff, ) FOR RESCISSION OR IN THE ALTERNATIVE FOR 1111 V. ) DAMAGES FROM THE SALE OF DEFECTIVE LOT JOSE RAMIREZ BETTY RAMIREZ ) 12 I , RICHARD SILVERA, DICK SILVERA ) 131' REAL ESTATE, AND DOES 1 ) !j through 50, inclusively, ) 14 ; ) Defendants. ) 15 �i ) a 1611 Plaintiffs WILLIAM SIGILLO and PATRICIA SIGILLO allege: 17 FIRST CAUSE OF ACTION it 18 '� Rescission 19 1. Plaintiffs WILLIAM SIGILLO and PATRICIA SIGILLO 20 !• mentioned herein were and are the owners of record of the real 21 ' property located in the City of Antioch, County of Contra Costa, 22 ; I commonly known as 61 E. 18th Street, Antioch, California and i 23 more specifically known as: 24 A portion of the northeast 1/4 of Section 19, Township 25 ' 2 North, Range 2 East, Mount Diablo Base and Meridian, described as follows: DLD AND POLISNER 11 ATTORNEYS AT LAW ;I 1 SLATE 325 'CNACI0 VALLEY ROAD ;ALNOT CREEK.CA 94506 Q PHONE: 510-933-7777 �i WHO I Beginning at the intersection of the east line of j Viera Street as shown on the map of Tract No. 2119 i (The Carolines) � filed December 22 1954 in Book 56 2 .; of Maps, page 43 , in the office of the County Recorder j of Contra Costa County, with the north line of the state highway known as 18th Street, thence North 89 degrees 42 ' East along said north line of 18th Street, 4 a distance of 91 feet; thence North 9 degrees 18 ' j West, 94 .21 feet; thence North 20 degrees 51' West 6 22 .26 feet; thence South 89 degrees 42 ' West, parallel with said north line of 18th Street, a distance of 61 108. 17 feet to the east line of said Viera Street; thence along said eastern line, the following courses 7 and distances: South 9 degrees 18 ' East 80.07 feet, southerly along the arc of a curve to the left having $ ' a radius of 25 feet, an arc distance of 39.27 feet and South 9 degrees 18 ' East 10 feet to the point of 9 `! beginning. 10 EXCEPTING THEREFROM: That portion thereof described in the deed to the City of Antioch, recorded September 11 21, 1965 in Book 4956, page 140, Official Records. i 12 ' APN: 065-142-023 13 � 2 . Defendants JOSE and BETTY RAMIREZ are the former Ij I 14 II owners of the real property described in paragraph 1 above, and 15 1' !� reside in Contra Costa County, California. 16 � 3 . Defendant RICHARD SILVERA is an individual doing 17 ii as a real estate salesperson in Contra Costa County, I8 'i i I 14 California. ! 1911 4 . Defendant DICK SILVERA REAL ESTATE is a business of i 20 li (; unknown status doing business as a real estate brokerage company 21 : i' Contra Costa County, California. 22 5. The true names and capacities, whether individual, 23 !I corporate, associate or otherwise of Defendant Does 1 through i +, I 24 50, inclusive, are unknown to plaintiffs at this time, and II 25 therefore sue those defendants under Section 474 of the Code of I; COLD AND POLISNER j ATTORNEYS AT LAW 2 SUITE 325 I ' I 00 YGNACIO VALLEY ROAD 'WALNUT CREEK.CA 91596 PHONE:510 933-7777 ;I I i � 1 Civil Procedure by such fictitious names. When the true names 21 and capacities of the Defendants are ascertained, plaintiffs will move this Court for leave to amend this Complaint ' '11 i 4 ; accordingly; plaintiffs are informed and believe and therefore 611 allege that each of the defendants designated herein as Doe is 6 . i responsible in some manner for the events and happenings 7 referred to herein, and proximately caused injuries and damage 8 to the plaintiffs and to plaintiffs' property as alleged I 9i hereinafter. 10 6. Plaintiffs are informed and believe and therefore 11 allege that at all times mentioned herein, each defendant was .1 12 � acting as an agent, servant or employee of each other defendant, 131 and was acting within the course and scope of said agency and/or 14 ij employment. 15 ' 7. Each defendant with full knowledge and advise i I ' 16 i1 expressly and impliedly ratified the acts of each other 17 � defendant in all respects and adopted as his own acts the acts i 18 !I of the other defendants and each of them as set forth in detail ! 19 I' hereinafter. 20 8. Defendant DICK SILVERA REAL ESTATE was the listing j i 21 , broker and acted through defendant RICHARD SILVERA, salesperson i i 22 I! for DICK SILVERA REAL ESTATE, in the sale of the subject 23 II property from the defendants RAMIREZ to plaintiffs. 'i 9 . The plaintiffs entered into a written purchase 24 ,1 2511 contract agreement with defendants RAMIREZ to purchase a vacant TOLD AND POLISNER ATTORNEYS AT LAW 3 SUITE 325 ':u0 VGNACIO VALLEY ROAD WALNUT CREEK.CA 94596 PHONE: 510-933.7777 �I it i ld lot located at 61 E. 18th Street, Antioch, California on 21i February 1, 1988 for $135,000. The Purchase Contract between 3 'I plaintiffs and defendants RAMIERZ was contingent upon the I . 4 defendants RAMIREZ providing a chemical contamination clearance 5i. of the soil or to correct any adverse conditions of the soil on g1i or before the close of escrow. Defendants RAMIREZ were also to ;I I ? ;': provide plaintiffs with proof that underground tanks were 8 ; removed. A copy of the contract is attached hereto as Exhibit A 9i; and incorporated herein by reference. I 10 !' 10. Plaintiffs were given a letter proportedly signed by I' 11 � Sam Anea of the Riverview Fire Protection District, addressed to i 12 i! defendant Silvera, dated February 3, 1988, which stated that the II I 13d grounds soil had been tested and was found to be free of i contaminants and that the storage tanks were removed. A co 14 i. i g Py 15 of the letter is attached as exhibit "B" , and incorporated 16I herein by reference. ) Plaintiffs are informed and believe, and it 17 !1 Plaintiffs understand, that defendants intended Exhibit "B" and j I 1811 defendants' transmittal thereof to plaintiffs to fulfill I I; 19 defendants' obligation under the contract to provide proof that 20 ', the soil was free of contaminants and that the tanks were in 211!, fact removed. Plaintiffs are further informed and believe that i 22 ;1 this letter was intended by defendants, and each of them, to be 231 their affirmative representation that the property was in fact 2411 free of contaminants and that the tanks were in fact removed, as by the contract. 25 required 1 D AND POLISNER I rTORNEYS AT LAW it 4 SUITE 325 GNACIO VALLEY ROAD JUT CREEK.CA 945-6 �! ONE: 510 933-7777 I I' ! .I i i i li 11. The representations made by defendants through the 2 transmittal of exhibit "B" were in fact false. The true facts 3 were that there were petroleum hydrocarbon contaminants present I 4 ' in the soil, which is an adverse condition of the soil i contemplated in the Contract Contingency set forth above. j 6 12 . At the time the representations were made by 7 ; defendants, and each of them, and at all revellent times during $ the transaction prior to close of escrow, plaintiffs did not 9 know the representations as stated in exhibit "B" were false, i 10 !; but believed them to be true and reasonably relied upon them, ,1 I 11 � and relied upon this letter and the representations contained I j 12 ; therein in removing the contingency for proof that the property 13 ,1 :was free from contaminants contained in the contract. Had 141 plaintiffs known the true facts, they would not have consummated 151! the subject transaction and would not have rendered or accepted j16 performance thereunder. ;, 17 13 . In reliance upon the representations of defendants, j 18 i and each of them, in March, 1988 plaintiffs and defendants 19 :1 RAMIREZ closed escrow for the purchase of the subject property. j 20 1 14. In April, 1991, during a soil investigation, performed j 21 by Wall 's Testing, Inc. , for the foundation design of a 22ii structure planned for the subject property, petroleum 23 ': hydrocarbons were discovered in the soils, thus rendering the 24 �I representations of defendants to be false. is 25 �i 15. Plaintiffs are informed and believe that defendants 'I OLD AND POLISNER j ATTORNEYS AT LAW I 5 SUITE 325 it JO YGNACIO VALLEY ROAD NALNUT CREEK,CA 94596 PHONE.510-933.7777 I. I' .i ,I �I i 1 '. RAMIREZ and SILVERA knew the representations contained in 2 exhibit "B" which was transmitted to plaintiffs to be false, and 3 intended to deceive plaintiffs and to induce plaintiffs to enter I 4 into the contract and subsequently consummate the transaction. ! i S ;I 16. Plaintiffs will suffer substantial harm and injury 6 ,; under the contract and sales transaction if it is not rescinded 7 . in that due to the soil contamination and as a result of 8 defendant's conduct, plaintiffs would have a vacant lot which is substantially different from and inferior to the one they 10li bargained and paid for and intended to purchase. lli 17. On or about September 20, 1991, plaintiffs notified ,I 12 defendants RAMIREZ in writing that plaintiffs had rescinded the i; 13 contract deed and promissory note and deed of trust in favor of I� 14 defendants on the grounds of mutual mistake, unilateral mistake, :. i 15 ''; fraud, failure of consideration, unconscionability, and that the 16 : Public interest would be prejudiced by allowing the contract and i 17 � transaction to stand. A copy of that Notice of Recision is 3.81 attached hereto marked Exhibit C and made a part hereof. I 19 Defendant RAMIREZ refused, and continue to refuse to restore to I II 20 plaintiffs the consideration paid by plaintiffs or to recognize .' 21 ;; that the contract has be rescinded. 22 � 18. As a result of entering into the contract with 23 defendants RAMIREZ, plaintiffs have incurred expenses in 24 �; addition to those alleged above. Additional expenses include, I 25 j without limitation, fees to engineering and environmental I � 3OLD AND POLISNER !' ATTORNEYS AT LAW I 6 SUITE 325 I, ,0*YGNACIO VALLEY ROAD I WALNUT CREEK.CA 94596 �I PHONE:510 97�-7777 I I 11 � 1i l ;l consultants, soils testing firms, escrow fees, interest paid, 2 ;1 taxes, attorney's fees and other costs according to proof. i 31 Plaintiffs will continue to incur them in an amount unknown to 4 +I them at this date. Plaintiffs pray leave to this court to amend 5 this complaint to insert the true amount of these expenses when 6 . they are ascertained. 7 , 19. Plaintiffs have suffered and/or will suffer from 8 emotional distress and mental suffering in the form of domestic 9 ,1 disruption, frustration, anger, anxiety, worry and despair for 0 �+ direct and proximate result of the defendants, and each of their j 1 'I I 111 intentional malfeasance and bad faith. The exact amount of 12 ii damages from the emotional distress and mental suffering is 13 ;. unknown to plaintiffs at this time and when such is determined, thelaintiffs will seek leave to amend this complaint 14 P P 'I 15 !; accordingly. 16 i! 20. In performing the acts herein alleged, defendants 1711 intentionally misrepresented to and/or concealed from plaintiffs I I' 18 !I material facts known to defendants, specifically that the soil II I 19j; was contaminated with petroleum hydrocarbon contaminants, with i 2011 the intention on the part of defendants of depriving plaintiffs :i 211; of their money, thereby justifying an award of punitive damages 22I against defendants. 2311 WHEREFORE, plaintiffs pray judgment against defendants, and 24ileach of them, as hereinafter set forth. I 25 I I SOLD AND POLISNER ATTORNEYS AT LAW 7 SUITE 325 i00 YGNACIO VALLEY ROAD WALNUT CREEK,CA 94596 PHONE 510-933.7777 II � I ,1 I I i 1 SECOND CAUSE OF ACTION 2 : Rescission - Negligent Misrepresentation 1 I 3 'I 21. Plaintiffs hereby incorporate paragraphs 1 through 20 I 4 , of the First Cause of Action as though set forth fully herein. 22. Plaintiffs allege in the alternative that if the acts 6 by defendants, and each of them, as set forth in the first cause i. 7i, of action were not intentional, then plaintiffs allege that such 81 acts were done negligently, and that the defendants failed to 9 ,, exercise due care to investigate and to disclose the true j 10 it condition of the soils upon the subject property, including, but 11H not limited to, the soil contamination to the property as set 12 jl forth above. 13 ' WHEREFORE, plaintiffs pray judgment against defendants, and i 14 ;1 each of them, as hereinafter set forth. j 151i THIRD CAUSE OF ACTION Rescission - Mutual Mistake of Fact 16 j 23 . Plaintiffs hereby incorporate paragraphs 1 through 20 3.711 j II ' 181i of the First Cause of Action, and paragraphs 21 and 22 of the 19 Second Cause of Action as though set forth fully herein. I j I 201 24 . Plaintiffs allege in the alternative that if the acts I 21 !; Y ,b defendants and each of them as set forth in First and Second � 22 ,1 Causes of Action were not intentional or negligent, but rather i 23 1 that defendants, and each of them, believed to be true the I 24 ' representations contained in Exhibit "B" which was transmitted 25 j to plaintiffs, then plaintiffs allege that both plaintiffs and I DLO AND POLISNER ATTORNEYS AT LAW 8 SUITE 325 '.n vGNAC10 VALLEY ROAD ',ALN UT CREEK.CA 94500 i PHONE'510-933 7777 I I I� i I 1 !i defendants were mistaken in their belief as to the true i i condition of the soils upon the subject property. ! 2 � i 3 ; 25. This mistaken belief by plaintiffs and defendants was 4 , i reasonably based upon the letter from Riverview Fire District 5 (Exhibit "B") which stated that the property was tested and 6 found to be clear of contaminates. This letter was addressed to 7 '; defendants RAMIREZ and provided by them to plaintiffs. At the 8 time the contract was executed, the parties did not know that 9 costly soils remediation methods would be required by local i 10 ', regulatory agencies in order to have building permits issued. 111 26. Plaintiffs were induced to enter into the contract 12 ?j because of their mistaken belief that no costly soils 13remediation work would need to be made to the property in order 14 !j to develop the property. 151' 27. As a result of the mutual mistake of fact of the ; !II parties, plaintiffs were injured in that they are unable to 16 '. 17 develop the property unless they make the costly soil j I8i.11 remediation repairs to the property and the cost of these 191' repairs was not anticipated when the parties entered into the i 20 : contract because of the necessity of making the property comply i. 21 with legal requirements. i 22 1., 28. Plaintiffs would not have given their apparent consent 23 " to the contract except for their mistaken belief. i 24 WHEREFORE, plaintiffs pray judgment against defendants, and 251; each of them, as hereinafter set forth. i. TOLD AND POLISNER � ATTORNEYS AT LAW 'j 9 SUITE 325 j :00 YGNACIO VALLEY ROAD WALNUT CREEK.CA 94596 PHONE: 510-933.7777 i I I I I it li I it 11 FOURTH CAUSE OF ACTION 2 ;1Rescission - Unilateral Mistaken of Fact 3 29. Plaintiffs reallege and incorporate herein paragraphs I 41, 1 through 20 of the First Cause of Action, paragraphs 21 through I 5 22 of the Second Cause of Action and Paragraphs 23 through 28 of j i 61 the Third Cause of Action as though set forth fully herein. 7 30. The consent of plaintiffs to the above referenced g ! contract was obtained solely through mistake as hereinafter 9 ;' alleged. 10 31. Plaintiffs entered into the above described contract 11 !i under a mistake of fact material to the contract in that they �I 12 ; believed the property was free from all soil contamination. 13jI After consummation of the transaction, plaintiffs learned that I� 141 their belief was untrue. 15 !i 32 . Defendants were aware, or should have been aware, of 16 II the mistake of plaintiffs in that they were aware, or should 17 " have been aware, that the soils were contaminated with petroleum is ! hydrocarbons. �1! 1933. As a result of the mistake of fact plaintiffs were i 20 ; injured as set forth above. II . 2111 34 . Plaintiffs would not have given their apparent consent i 22to the contract if the mistake had not existed. I 23 WHEREFORE, plaintiffs pray judgment against defendants, and 24 each of them, as hereinafter set forth. it 25 SOLD AND POLISNER !I ATTORNEYS AT LAW I 1 O SUITE 32S I; M YGNACIO VALLEY ROAD f WALNUT CREEK.CA 94596 PRONE510-933-7777 I I I . i I ii 11 1 'I FIFTH CAUSE OF ACTION 2 Fraud i 3 ' 35. Plaintiffs reallege and incorporate herein paragraphs 4 'i 1 through 20 of the First Cause of Action, paragraphs 21 through j 511 22 of the Second Cause of Action, paragraphs 23 through 28 of I I 6 ; the Third Cause of Action, and paragraphs 29 through 34 of the i 7 '1 Fourth Cause of Action as though set forth fully herein. S 36. Defendants Ramirez, Silvera and Dick Silvera Real 9 : ii Estate misrepresented to plaintiffs the fact that the subject e I 101! Property did not contain soil contaminants as set forth above. I 3.11! 37. As a proximate result of defendant's fraud and deceit ,I 1211 and the facts herein alleged, in addition to the damages set 1.311forth above, plaintiffs have been damaged in the additional sum j it 1411 according to proof which is the difference between the purchase 1511 Price paid by plaintiffs for the subject property and its true 16 ! value. I 171, WHEREFORE, plaintiffs pray judgment against defendants, and 18 !1 each of them, as hereinafter set forth. SIXTH CAUSE OF ACTION 19 I 20i Concealment 211138. Plaintiffs reallege and incorporate herein paragraphs 221 1 through 20 of the First Cause of Action, paragraphs 21 through 2311 22 of the Second Cause of Action, paragraphs 23 through 28 of 1i 24 the Third Cause of Action, paragraphs 29 through 34 of the 1 25 � Fourth Cause of Action, and paragraphs 35 through 37 of the i 3OLD AND POLISNER I ATTORNEYS AT LAW I 1 1 SUITE 325 YGNACIO VALLEY ROAD WALNUT CREEK.CA 94596 l PHONE: 510-933-7777 i lli Fifth Cause of Action as though set forth fully herein. j i 2 ; 39. Defendants Ramirez, Silvera and Dick Silvera Real I 3 j Estate knew of the defects as set forth above and knew that 4 'I defects were not reasonably apparent to a reasonable purchaser. i 5 i Defendants, and each of them, further knew that if they did not g 'I inform plaintiffs of the soils contamination that such 71 information would not be discovered by plaintiffs. 8i 40. Plaintiffs are informed and believe and thereon allege i that all defendants, and each of them, assisted the other 9 i ! 101 defendants in concealing information from plaintiffs by j 111 Presenting a letter from the River View Fire Protection District 1211 knowing that the information contained in the letter was 13i inaccurate and by failing to disclose such to plaintiffs. i 1441. Defendants, and each of them, further concealed such 1 151; defects from plaintiffs and did not disclose the material facts I ' is ii to plaintiffs for the purpose of inducing plaintiffs into 1711 entering into the contract. l 18 � 42 . Plaintiffs relied upon the information given to them i 19 ; and the representations that the subject property was free of 20 i! soil contaminants and entered into a purchase contract for the 21 II Subject Property. 22 43 . The Subject Property is defective as set forth 23hereinabove. I 241 44 . As a direct and proximate result of the soils 25 contamination, plaintiffs have been injured in that the subject I i COLD AND POLISNER i I ATTORNEYS AT LAW I '1 SUITE 325 1 00 YGNACIO VALLEY ROAD WALNUT CREEK.CA 94596 i PHONE. 510-933-7777 I I� � I l :l property must be repaired at a cost according to proof, that for 2 the time period between the purchase of the Subject Property and 31I the trial and ultimate repair of the property of this action the 41 plaintiffs have been denied the full benefit and use of the 5 'j subject property and that the fair market value of the 6 ;; deprivation of use according to proof. Further, plaintiffs 7 !' believe that the above defects cannot be adequately repaired or g ! alleviated and will cause a continuing diminution in the fair is 9i market value of the Subject Property according to proof after i 10 !: the contamination is removed. I 1111 45. The aforementioned acts of defendants, and each of .I ' 12 '1i them, were willful and oppressive, fraudulent, and/or malicious. I 1311 Plaintiffs are therefore entitled to punitive damages according I; i' 14 to proof. . j �� 151 WHEREFORE, plaintiffs pray judgment against defendants, and 16J each of them, as hereinafter set forth. 171; SEVENTH CAUSE OF ACTION Ig Negligent Misrepresentation 19 46. Plaintiffs reallege and incorporate herein paragraphs 20 � 1 through 20 of the First Cause of Action, paragraphs 21 through 2111 22 of the Second Cause of Action, paragraphs 23 through 28 of 2211 the Third Cause of Action, paragraphs 29 through 34 of the 23i Fourth Cause of Action, paragraphs 35 through 37 of the Fifth i I� 2411 Cause of Action, paragraphs 38 through 45 of the Sixth Cause of 25iI Action as though set forth fully herein. , �I DLD AND POLISNER l ATTORNEYS AT LAW 13 SUITE 325 I: •L YGNACIO VALLEY ROAD 7ALNUT CREEK.CA 94596 PHONE.510-933.7777 I i I I I I' I I ;I I 1 ' 47. Plaintiffs allege in the alternative that if the acts i 2 by defendants, and each of them as set forth in the Third and 3 ' Fourth Causes of Action were not intentional, then plaintiffs 41 allege that such acts were done negligently, and that the i 5ii defendants failed to exercise due care to investigate and 6 '1 disclose the previous soil contamination to the property, the 71previous repairs to the property, and the present soil 81 contamination to the property as set forth above. 48 . As a proximate and direct result of defendants, and I l0 ' each of their, negligence, plaintiffs suffered damages as set 1' forth above. 11 ii i 12 ' 49. Defendants, and each of them, as sellers and seller's 13 ! broker, respectively, had a duty to inspect the subject property 14 for defects and had a further duty to retain experts to inspect 18 the property for defects and report defects which the defendants I property subject 1g knew or had reason to believe existed in the ro 7 P P Y 17 and failed to perform such duty. II 18 "I 50. The subject property is defective as set forth 19 j hereinbefore. 51. Defendants and each of them failed to warn or advise 20 ► 21 !' plaintiffs of the defects in the subject property and further �I 221 failed to retain experts to report on the conditions in the `I 23 ( Subject Property, and further failed to advise plaintiffs that they should hire or retain the services of an expert. 24 Ji 25 II 52 . As a direct and proximate result of acts or failures i BOLD AND POL.ISNER ATTORNEYS AT LAW �I 14 SUITE 325 500 YGNACIO VALLEY ROAD I WALNUT CREEK.CA 94596 !j PHONE. 510-933.7777 it I 'I 1 'j by defendants, and each of them, plaintiffs have incurred 2 ;i damages as set forth above. 31' WHEREFORE, plaintiffs pray judgment against defendants, and it 4 each of them, as hereinafter set forth. EIGHTH CAUSE OF ACTION 6 Common Count for Money Had and Received 7 ' 53 . Plaintiffs reallege and incorporate herein paragraphs 8 1 through 20 of the First Cause of Action, paragraphs 21 through 9 'i 22 of the Second Cause of Action, paragraphs 23 through 28 of I I 10 ' the Third Cause of Action, paragraphs 29 through 34 of the 11 j Fourth Cause of Action, paragraphs 35 through 37 of the Fifth i; 12 :1 Cause of Action, paragraphs 38 through 45 of the Sixth Cause of I. ii 131 Action, and paragraphs 46 through 52 of the Seventh Cause of .I 14 Action as though set forth fully herein. 15 !� 54 . On or about February 24, 1988, and continuing thereafter at Antioch, California, defendants RAMIREZ became ; 17jI indebted to plaintiffs in the sum equal to the payments made by 18 plaintiffs to defendants Ramirez for money had and received by 19i defendants for the use and benefit of plaintiffs. I� 20 Y P 55. Neither the whole nor an art of this sum has been �i 21paid although demand therefore has been made, and there is now I: 22 ` due, owing and unpaid the sum equal to all payments made by 1 231' plaintiffs with interest thereon at the legal rate from date of I 24 j payment. 25 ,i WHEREFORE, plaintiffs pray judgment against defendants, and J TOLD AND POLISNER ;I ATTORNEYS AT LAW SUITE 325 �� JV YONACIO VALLEY ROAD WALNUT CREEK.CA 94596 i PRONE: 510-933-7777 i I Ij ii r i 1 !1 each of them, as hereinafter set forth. I 2 :`; NINTH CAUSE OF ACTION 3 Failure to Disclose Presence of Hazardous Substance) [H&SC §25359.7] 4 56. Plaintiffs reallege and incorporate herein paragraphs 5 !1 1 through 20 of the First Cause of Action, paragraphs 21 through 22 of the Second Cause of Action, paragraphs 23 through 28 of I 7 the Third Cause of Action, paragraphs 29 through 34 of the 8 I Fourth Cause of Action, paragraphs 35 through 37 of the Fifth i 9J I Cause of Action, paragraphs 38 through 45 of the Sixth Cause of i 10 ii Action, paragraphs 46 through 52 of the Seventh Cause of Action, 11 �j paragraphs 53 through 55 of the Eighth Cause of Action as though 12 !i set forth fully herein. j ji 13 . 57. At all times herein mentioned, the real property that 14 41 !� is the subject of the above-mentioned contract was used for IS nonresidential purposes only. 16 !� 58 . On February 1, 1988, defendant Ramirez knew or had I. 17 '! reasonable cause to believe that a release of hazardous I 18 substance had come to be located on or beneath the property. 191 59. The transfer of title of the real property from 20 defendant Ramirez to plaintiffs occurred on February 24 , 1988 . 21 Prior to that time and in violation of §25359 .7 (a) of the Health 22 and Safety Code, defendant failed to give plaintiff written 23 notice of the presence of the hazardous substance on or beneath 24 �; the property. 25 I 60. Defendant's failure to comply with the statutory I � BOLD AND POLISNER � ATTORNEYS AT LAW I '1 L 6 SUITE 325 1 I 500 NGNACIO VALLEY ROAD WALNUT CREEK. CA 94596 Ij PHONE: 510-933.7777 II I I I I i 1 requirements has caused plaintiff to incur damages in the sum 2 .1 according to proof. 3 !! 61. In performing the acts herein alleged, defendant had 4 '. actual knowledge of the presence of a hazardous substance on or i 6i beneath the property and knowingly and willfully failed to give 'I 61 plaintiff the requisite written notice, thereby subjecting 71I defendant to a civil penalty of $5,000. 8 ;1 WHEREFORE, plaintiffs pray judgment against defendants as I 9 follows: 10111 1. A determination by the court that the contract has 11 � been rescinded and ordering restitution of the consideration I; I 1211 paid by plaintiffs plus consequential damages; li 13 ;1 2 . For special damages according to proof; 14 3 . For interest according to proof; 15 '11 4. For civil penalties in the sum of $5, 000; 1611 5. For cost of suit; i 17 '' 6. For punitive damages according to proof; 18 'I 7 . For emotional distress and mental suffering damages 19 ii according to proof; .I 20 ! 8. For attorney's fees according to proof; and 21 ;; 9 . Such other and further relief as the Court deems just i 22 � and proper. 23 i' IN THE ALTERNATIVE, if rescission is not granted then �j 24 ii plaintiffs pray damages against all defendants, and each of I 25 them, as follows: I :OLD AND POLISNER ATTORNEYS AT LAW 17 SUITE 325 '.0 YGNACIO VALLEY ROAD A'ALNUT CREEK. CA 94596 Ij i PRONE.510-933.7777 II II l 1I 1. For repair damages according to proof; 2 :1 2. For loss of use damages according to proof; I 3 ' 3 . For special damages according to proof; 4 ; 4 . For civil penalties in the sum of $5,000; 5i 5. For costs of suit; 6 6. For interest according to proof; I, 7j1 7. For punitive damages according to proof; g 8 . For emotional distress and mental suffering damages i .I I. gil according to proof; 10.1; 9• For attorney's fees according to proof; and I j 10. For such other and further relief as the Court deems 12 � just and proper. I 13DATED: December 23, 1991 BOLD and POLISNER 14 1511 By: CRAIG L. JUDSON 16 1 17 I IS ii t 19 I I 20 j� i 21 i 22 231 2411 i 25 it TOLD AND POLISNER I ATTORNEYS AT LAW II 18 SUITE 325 II O ,03 YGNACIO VALLEY ROAD WALNUT CREEK,CA 94590 PHONE 510-933.7777 I I 1 ` .:CR(No caroon rtoqurod)••oompoented ram CO MERG AL PURCHASE AGREEMENT AND DEPOSIT RECEIPT RECEIVED from /.��D elwn 1p::�w .'[//C7 hereinafte!dg signated as PUR ASER,the amount saVorth below as DEPOSIT on account of th PURCHASE PRICE of S.1_3SrU_QO D0LLAR9 for the real property In the City of_ -. 19"22a C'Al County of,_.__.t?.__. State of,__a. described as_CGYZszRtS�/_s� A'.✓D/4,oJf>�� �,upon the following TERMS AND CONDITIONS 1. FINANCINCTERMS. (Re/ere/so to Items 7,Bnod 9onthe reverse alds) A. 3_,Sl?1?�� DEPOSIT evidenced by Q Cash, Q Cashiers Check, Note, Q.Personal Check, Q Other; to be deposited within one(t)business day of acceptance,and escrow opened with:-__._._.__....�._.__..__ B. $,.1�� f ADDITiONALCASHDE�POSITinescrow[�withlndays fromacceptance,C]upor,removelofallcontingencle! C• s..417BALANCE OP CASH PAYMENT at close of escrow. FiRST LOAN PROCsorns FRom NEw Ft"r LOAN. =]FIXED RATE for a Term of_ years,with Interest not to exceed °%,payable at approximately S_ p/mc Q Including Taxes and Insurance,with the balance due not less than years. Q Other terms:-__.______ Loan fee not to exceed %plus E. S��!2._... rxrtr�Na��RsrtoaN: Q ASSUMPTION OF,(,SUBJECT TO existing first loan of recorc 17_71 FIXED RATE,Q Other: __�^.,_..__..______._._...... _-..._......._.__..__-�. ..... payable at S_...._. per month,with Interest currently at "e,(_;}including Taxes and insurance with Interest Rate to be adjusted to:_ ....-%.,Other terms: Hold by: _.__ _-� Assumption Fee,if any,not to exceed- -- / / r� All charges related to assumption shall be paid by Purchaser. SELLER PiNANC:no: First Loan secured by the property,payable at S �0��-$ry per month,or more,lit NOm SN7rltes f JJ--%interest,.with the entire balance due--q--years from date of conveyance. A late charge of s ___, - ..shall be due on monthly payments tendered more than days tate. JUNIOR LOANS c. S_ IN 8 ___._ PROCEEosFl?OMAArwaECONOLOAN: QFIXED RATE QOther: ___-_.__...._.._.._....._.__.___._. amortization .years,with Interest not to exceed._.,.--%.payable at approximate:y S p in with the balance due not less than years. Q Other ternts.—; �_..- ___ .... . . Loan fee not to H. s_ &A ._., awsriNC SECOND LOAN =ASSUMPTION OF,17_;71 SUBJECTTO existing second loan of record: Cj FiXED RATE, 171 Other: _ -- - ---•---_.___..-.._--- .._ payable at $ _..-_._..__.. per month, with Interest currently at _-_ %. Interest Rate to be adjusieo Other terms- Hold by: Assumption Fee,If any,not to exceed rt All charges related to assumption shalt be paid by purchaser. SELLER FINANCJNOt Q SECOND, [=THIRD LOAN secured by the property,payebie at S month,or more,Ineluding, %Interest,with the entire balance due years from date of conveyance A late charge of a __,.__shall be due on monthly pa menta tendered more than_._.. _days late. J. ................ OTHER FINANCIAL TERM St BELOW,17-71 IN ATUCHED ADDENDUM K. s__ N� BONDS OR ASSESSMENTS of record,credited to Purchaser. (See Item 24 on page 101-C.2) L. $-J-,3,5,00Q TOTAL PURCHASB.PRICE (not Including closing costs).Any net differences between the approximate ba of encumbrances shown above,which are to be assumed or taken subject to,.and the actual balances of said encumb at close of escrow shall be adjusted in 17-71 Cash, Q Other: LOAN APPROVAL: Within_:-__:...._.days,In accordance with Item 7, LOAN APPROVAL,on the roversc 2. ADDITIONAL TERMS AND CONDITIONS: 11SOW_ ;G r-.._' rePl2 �_.SD.�.Q_._..._,�{,oProd.cD• _ •___r____ c' ' ._.-. ._- e �l01� .-�.�_._��.�iS�e •�arr�1._C.s��C.W _L°�!Z;�p�..��,.�r-��o�__._C.l.a.�. e-42e.- eciT_ rF-—e--,d iv esti ria n�-... •--- ._ •���.l.t��_ 7'.�.��!.G1Lt1?-e._�.1,kex t1� � �h �r��'---.?__�.r�t__2�.�Ua✓D. 2. ADDENDUM, signed by the parties.Is Attached: �_....___�._. _ ----•--- •-•.•-•- Purahnaer'a(nitlalst(�:,�! ......... ....) seller's Initials:[ _ ) [�j (CONTINUED ON REVERSE SIDE) PAOE ®PuBLI1 5 FORM 101-C,1 (9.95) C00YAJ(;1( •P. 19t`S. AY PROr'ESMONAt, PLIMISMiNG CORP. 122PAVLOR. SANWAEI., ('A 9419094190P lI LISr4 A. CQ%gTTiON9 SATiSTISD IN Mr"`4No. Eah conddlon tanteinod htreln shall be sah V--torxdlnp to is terms or waived in wrung M'he party responsible within the time specified(or an; lion thereof lofted to by the parties M writing),or this,• •tont short be nun and volt aid to depoeffs returnMl to Purchaser lose expenses Intrmod by Purcha,..,,to the data of cahoehallon of this transection.This paragre, 0111empla1e8 that each patty sl'all dgigently pursue the "completion of Ihtstnnsaotion, 7. LOAN APPROVAL. Purchaser Shall use his best efforts to qually for and obtain a commitment for the New Financing andror lender's consent tot the Assumpilnn of the Existing Financing provided for In this agreement,and his obligations are conditioned upon obtaining sold finsheing oryconsont unless he shall waive this condition in writing within the number of days specified on the reverse skirt under LOAN APPROVAL.Loan application to be completed and submitted by Purchaser within five(5)days of acceptance. 9. EXISTING&OANS. LOAN DOCUMENTS. Seller shall,'within three(3)days' of acceptance provide Purchaser with copies of all Notes and Deeds of Tnrst or Mortgages to be assumed or taken subject to,and within five(5)days of receipt thereof Purchaser shall In writing notify Seller of his approval or disapprove!of auch terms,which shalt not be unreasonably withheld.Within three(3)days of acceptance,Seger shall submll written request fore current Beneficiary Statement on the above loan or,loans. RELEASE OF LIABILITY. Purchaser shall ensure that Seller Is released from any and alt contingent itabltlty on any loan or obligation assumed by Purchaser. 9. SEL'LKR PINANCINC. In the event of Seller Financing, Purchaser shall furnish Seller within three (3) days of acceptance, a customary Gnanc.al statement for the sole purpose of credit approval,which approval shall not be unreasonably withheld.Purchaser authorizes Seller to engage the services of a•epinNe credit reporting agency for this purpose at Purchaser's expense and Seller shall notify Purchaser within ten(10)days of receipt of financial slatemant,of app6nt r" disapprovat of Purchaser'q credit. 1. • 10. IXAMiNATION OP TIM. Fifteen(15)'days from date of scoeptance hereof aro allowed the Purchaser to exam:no the thin to the property and to repots n writing any valid objections thereto.Any exceptions to the title,which would be disclosed by examination of the records,shat;be deemed to have been accepted un'ess reported In writing within said fifteen(1 S)days,If Purchaser objects to any exceptions to the title,Seller shall use due diligence to remove such exceptions at his own expense before close of escrow.But If such exceptions cannot be removed before close of escrow,all rights and obligat.ons hereunder may.at the e!ariion o'ihP Purchaser,terminate and the deposit shall be returned to Purchaser,unless hry elects to purchase the properly subject to such exceptions. 11. ENCUM BRANCES. In addition to any encumbrances referred to herein,Purchaser shrill take title to the property subjort to! I1 I host r"s'ale rnxos not yol due. and 121 Covenants,Conditions,Restrlctlons,Rights of Way,and Easements of record,If any,which do not materially affect the value or intended use of the prupoily. Such encumbrances shall be deemed Appf�vsd unless written notice to the contrary is delivered to Selier or his agent within ten(f 0)days of acceptance. 12. INCOME AND EXPENSE STATEMENT. Seller shalt deliver to Purchaser for his approval a true and complete statement of rents,income and expenses'or Purchaser's approval within seven(7)days of acceptance.Purchaser's obligations are conditioned upon approval of said statement.Purchaser Shea be deemed w have approved said statement unless written notice to the contrary is delivered to Seller or his agent within seven(7)days of receipt of Bald statement by Purchaser. In which case Purchaser may have his deposit returned and both parties shall be relieved of all obligations hereunder. 13. EXISTINC LEASES. Subject to existing leases and rights of parties In possession under month-to-month tenancies.within seven(7)days of acceptance Seller shall defiver to Purchaser for his approval copies of all exlsttng leases and rental agreements,as well as copies of all outstanding notices sent to tenants.and;t written statement of all oral agreements with tenants,inured defaults by Seller or tenants,claims made by or io'tenanta,and a statement of all tenants'deposits held by Seller,all of which Seller warrants to be true and complete.Purchaser's obligations are conditioned upon approval of exisiing teases.Purchaser shat!be deemed to have approved said documents unless written notice to the contrary Is delivered to Seller or his agent within seven(7)days of receipt of said documents,in which case Purchaser may have his deposit returned and both parties shall be relieved of all obligations hereunder. 0, 14. CHANCES 0URINC TRANSACTION. During the pendency of this transaction,Seller agrees that no change�In the existing leases or rental agreement~ shall be made,nor new leases or rental agreements entered Into,nor shah any substantial alterations or repairs be made or undertaken without the written consent of the Purchaser. IS. PROBATIONS. Rents,taxes,Interest,and other expenses of tho properly to be prorated as of the date of recordation of the deed.Security deposits,advance rentals,or considerations Involving future lease credits shall be credited to Purchaser. 16. INSURANCE. Purchaser to obtain hazard Insurance prepaid for one year Ken amount satisfactory to the loan holders and covering one hun4ed pemilml replacement cost of improvements,and to norms holders of the secured bans as additional loss payees. Purchaser agrees further to annually increase said insurance If necessary,to equal the current repikeement coat of the property during the term of the loan holders'rro•t;agns In the event of Seller Financing,Purchaser shall instruct the Insurance carrier to deliver to Seller before close of escrow a certificate providing for 30 days•Noten notice In the event of cancellation. 17. NOTICES. 'By acceptance hereof Senor warrants that he has no notice of violations relating to the property from City.County,or State agencies. 18. DUE ON SALE CLAUSE. IF the note and deed of trust or mortgage for any existing loan contains an acceleration or DUE ON SALE clause, the lender may demand full payment of the entire loan balance as a result of this transaction. Both parties acknowledge that they are not relying on any representation bythe other party or thebroker with respect to the enforceability of such a provision in existing notes and deeds of trust or mortgagee, or deeds of trust or mortgages to be executed In accordance with this agreement.Both parties have been advised by the brokerto seek independent legal advice with respect to these matters. 19. BALLOON PAYMENT. Both parties acknowledge they have not received or felled upon any statements or representations made to them by Broker regarding availability of funds,or rate of interest at whlch funds mlght be available,when Purchaser becomes obligated to refinance or pay off the remaining balance of any loan pursuant to the terms of this agreement. 20. DEFAULT. In the event that Purchaser shah delaull In the performance of this agreement,unless the parties have agreed to a provision for liquidated damages, Seiler may,subject to any rights of the Broker herein,retain Purchaser's deposit on account of damages sustained and may take such actions as he deems appropflat c to collect such additional damages as may have been actually sustained,and Purchaser shag have the right to take such action as he deems appropriate to recover such portion of the deposit as maybe allowed bylaw.in the event that Purchaser shall so.default,unless Purchaser and Setter have agreed to liquidated damages, Purcha ser agree to pay.the 8roker(s)entitled thereto such commission as would be payable by Seller In the absence of such default.Purchaser's ob4ga!ion to said Broker(s)shall be in addition to any rights which said Broker(s)may leve against Seger In the event of default.In the event legal action is Instituted by oho Broker(s),or any party to this agreement,or arising out of the execution of this agreement or the sale,or to collect commissions,the prevailing party shall be entitled!o receive from the other party a reasonable attorney fee to be determined by the court in which such action Is brought. 21. RORRICN INVESTMENT AND REAL PROPERTY TAX ACT, The Foreign Investment and Real Proporty Tax Act requires a buyer purchasing raa property from a foreign person to withhold tax from the sale proceeds unless an exemption applies Seller agrees to provide Purchaser with a codification establishing that no federal income tax is required to be withhold under;he act.or to consent to withho'd ny of tax from the proceeds of sale as roqulred,unless 11 is established that the transaction is exempt because the purchase price Is 5300,000 or less and Purchaser olon is to use the properly as his residence. I PAC[t 01 J PAGE.S PUBLIsHINC PRORiS FORM 101•C.1(8) (9.85) cmygtorrr b i"S:ay PnorrgSiONAt.PUBLISNINO C(xtP• 122PAIr1.riP SANAAFAPL CA 41�7J L INls . r . X1 A fe1 NCR(No Cartwn Required) Property Addrose—alllma t,,`� ,,C`2C GFS ,gPt 22. CLOSIN 0 On or before— ,or within.,.30—days of acceptance,whichever Is later,both parties shall deposit with an authorized Escrow Holder,to be selected by C2111purchasor, E:] Setter,all funds and Instruments necessary to complete the sale In accordance with the terms hereof.Until then. Purchaser,Seller and Broker agree not to disclose the terms of sale.The representations and warranties shall not be terminated by conveyance of the property. Escrow Fee to be paid by_—_�11 ___...Documentary Transfer Tax,if any,to be paid by.- ..SQ�Qi?_. .._ _. _ . ._. .._ 23. EVIDENCE OF TITLE in the form of __. policy Title Insurance, Q Other: _ pa;d oy—. l.�. .__ ... 24. BONDS. The amount of any bond of assessment which Is a Hen shall be 0 paid by Seller, U credited to Purchaser. 2S. PHYS t7CAL POSSESSION. Physical possession,with all keys and garage door openers,shall be delivered to Purchaser(check either item;1) or itenl;2j): 1.UPON-_r//eclor on of the deed. L� 2.AFTER fe r tlon, but not later then midnight 26. FIXTURES. AIt tems permanently attached to the properly,including but not limited to attached floor coverings,draponos with hardware.shades,blinds,window and door screens,storm sash,combination doors,awnings,light fixtures,television antennae,electric garage door openers with controls,outdoor plants and trees,are IncludCd in the purchase price tree o1��1_*EXCLUDING:_ 27. MAI NT&ANCID. Seller covenants that the hosing,air-conditioning(if any),electrical,sewer,drainage,sprinkler if any).and plumbing systems including woter heaters,as well as built-in appliances and other mechanical apparatus shall be In normal working order on the data possession Is delivered.Seller shall replace any cracked or broken glass Including windows,mirrors,shower and tub enclosures.Until occupancy Is delivered Seller shall maintain landscaping,grounds and pool(if any).The following Items are speciticet ypxclu�dad from the above:_ _. 20. PROVISIONS ON THE REV R l -TIDE. The provisions checked below are Included In this agreement on the reverse side. Q A. Peat Control inspection,paid by Q Purchaser, Q Seller [Q J. Contingent upon the sale of—______, Q B. Existing Pest Control Report by— Dated _.r_ [� K. Inspection of Property Condition,Pool,Septic Tank, [Q C. "As Is,"but Subject to Purchaser's Approval and Energy Efficiency,paid by [Q D. Waiver of Pest Control Inspection (_—] L Smoke Detectors,provided by Q E. Roof Inspection Reportwithin — days of acceptance Q M. Flood Hourd Zone Q F. City and County Inspections within_ days of acceptance Q N. Special Studies Zone Disclosure [Q G. Operating Permit Q 0. Broker Representing Both Parties LQ H. Occupancy Permit Q P. Tax Deferred Exchange [-J I. Personal Properly In Furnished Units 22. ACCESS TO PROPERTY. Seller agrees to provide reasonable access to the property to Purchaser and inspectors representing Purchaser as provided under any Item of paragraph(27),and to representatives of lending Institutions for appraisal purposes. 30. EXPIRATION. This offer shell expire unless a copy with Seller's written acceptance Is delivered to Purchaser or the Purchaser's.agent on or before �_Z. o'clock [=AM cri'PM, on_Z�h- e The undersigned Purchsset has read a114 pages of this agreement and hereby sknowledges receipt of a copy of pages 1,2,3 and 4.,Purchoser acknowledges further that he has not received or relied upon statements or representations by the undersigned Broker whish are not herein expressid, t, wffw ._Purchaser's Broker DATED: �� 0" TW'E: By.7 -f-AZ&- Purchaser Broker's Initials: Dated: ~'?9'�p _. —. —_�_. _ Purchaser ACCEPTANCE Seiler accepts the foregoing otter and agrees to sell the herein described property for the price and on the terms and conditions herein specified. COMMISSION. Seller hereby Irrevocably agrees to pay 10 the Broker In this transaction,In Cash from proceeds at close of escrow,tot services rendered:_. _s'��D_�'S�l_+�P___.____..L__..�___ _----._—• In the evert that Purchaser dolaults and tails to complete the sale,the Oroker shall be entitled to receive one-half of Purchaser's deposit,but not more than the commission earned,without prejudice to Broker's rights to recover the balance of the commission from Purchaser.The mutual rescission of this agreement by Purchaser and Seller shall no! relieve said parties of their obligations to Broker hereunder.This agreement shall not limit the rights o!Broker provided for In any listing or other agreement which may be in ettecl between Soifer and Broker,except that the amount of the commission shelf be as sp9clfted herein. f The undersigned Seller has read a94 pegs*of this sgresment and hereby acknowledges receipt of s e py of pages 1,2,3 and 4.Broker Is hereby outhorlted to deliver a signed gopy to Purchaser. 4✓ ,4 Seller's Broker DAT Y j l CS-$1 /L11d -----.___..._ _-,Senn B -- — Broker's Initials: Dated; The undersigned Purchaser hereby acknowledges receipt of it copy of the accepted agreement. Purchase, DATE: PAO&10 4 PAW ;• 1.905. BY PROl,fiSSIONAL V1MISHNri CORP. ItPPAUL011. rtANAAfAfI, CA 04902 PUBLI SSIOItIAI FORM 101-C.2 (9.99) OOPYRICMT c • ®PeILISIHINc if the Inspecting structures)pest control operator shall reerrynr;.Ona runner tnepac.uo+t v+ 10nst@Nen or Infection Is discovered by such ht, pet,the addlNonel coal of each Inspection and sddtbnet►gotAred work shah be paid by 114114t,M AO 60Inhllal'ei1 infec�on is dtsmered,the addhionat cost of Ines such Intoeesslblt treat and the woek requkrd to return tt" paty to ht ortglnet txN+dition short M p>,Id isY Ptmheser. Funds for work to De done at Sehere expena..bion be held In stt!aow and disbursed by eta"holder up Wpt of Notice of work Compbted by said sin aural pi control operator,or credited to Purchaser at dose of escrow,wltichetar OOM tater. As soon as the some are available,copies of the report,and any cerlifleatlon or other proof of completion of the work shaft be delyered to the agents of Purchaser and Sol who are authorized to receive the some on behalf of their prIfielpals.' 29.0. NXISTINO PEST CONTROL REPORT ACCEPTED BY PURCHASER. Purchaser accepts existing post control report on the properly the licensed structural pest control operator listed under item 28.8.Seller's obiigations shall be as set forth in Item 28•A above. 28•C. AS 12,BUT SUBJECT TO.PURCHASER'S APPROVAL OF INSPECTION REPORT. Property to be purchased in Its presonl cond,ii with no charge to Seller for any pest control work.However,Purchaser shall have the right to have the property inspected and to obtain a report from a licensed structural pi control operator, Purchaser shall be deemed to have approved sold report unless written notice to the contrary is delivered to Seller or his agent within ten(10)days acceptance.In the event Purchaser-does not approve the report,he may have his deposit returned and both parties shall be relieved of all obligations hereunder. Purchaser acknowledges that he has not received or rolled upon any representations by either the Broker or the Seller,with respect to the condition of the property. 211.0. WAIVER OF PEST CONTROL INSPECTION. Purchaser has satisfied himself about the condition of the property and agrees to purchnse t property in Its present condition without the benefit of a structural pest oontrol Inspection. Purchaser acknowledges that he has not received or rolled upon any representations by either the Broker or the Solot,with respect to the condition of the property. -28-2. ROOF INSPECTION. . Purchaser,at his expense,may order a root Inspection rnport from a licensed general or roofing contractor.Within the nun,t of days specified under Item 28•E,copies of the report shall be delivered to the agents of Purchaser and Seller who are authorized to receive the same on behalf of their principals. Within three(3)days following reeefpt of the report,Seiler may(a): elect to pay the cost of all work recommended by such report, or(b): elect to pay none or on!, portion of the cost of such work.Written notice of such election shall be detfvered to Purchaser or his agent. In the event Seiler does not agree to pay for all such work, Purchaser may elect to pay the balance of the cost of such work or terminate all rights a ohligatlons to the parties under this agreement.Written notice of such election shall be delivered to Seller or his agent within seven M days following recalpt of Seller's noli In the event of such termination,Purchoser.ehefl be entitled to a full refund of all deposits excluding the cost of the above roof inspection report.If no written election is ma within seven(7)days,Purchaser shell havle 4right to terminate this agreement,and Seller shall be responsible for the costot that portion of the work which ho elected to pny In the event Seller shall have elected to pay the cost of an such worts,he shah have the right to have such work performed by a licensed general Or roofing contractor of his rhoi, 28rF. CITY AND COUNTY INSPECTION REPORT. Local ordinance requires that the property be Inspected for compliance with Ioca'build nc permit regulations,standards and ordinances as a condition to sale or transfer.Within the number of days specified under Item 28-F,Seller shall notify the appropriate!oc agency to cause the property to be inspected at the earliest practicable date. If Seller Is unable or unwilling to pay for correction of any vioiatlons shown in the report. agreement shall terminate and all deposits be returned to Purchaser,unless Purchaser agrees to pay the cost of corrections required. 28•C. OPERATING PERMIT. Seller warrants that an Operating Permit for the property Is In effect. 22-M. OCCUPANCY PERMIT. Sellerwarrants that an Occupancy Permit for the property Is in effect. 28.1. PERSONAL PROPERTY IN FURNISHED UNITS. The purchase price includes all furniture and furnishings and any other personal proo,, owned by Seller and used In the operation of the property per attached signed Inventory,recolpt of wMch is hereby acknowledged.This inventory has been made an intogra!�. of this agreement prior to Its execution by both parties.Sold personal property to be transferred by Warranty Bill of Sate in favor of Purchaser at close of escrow, 22-J. CONTINGENCY RELEASE CLAUSE. Subject to the sale and conveyance of'Purchaser's Property."described to hem 28•J,within the !i specified for closing of Seller's property.Seiler shall have the right to continue to oiler the herein property for solo and to accept offers subject to the rights of Purchaser.St, Seller accept such an offer,then Purchaser shall be given written notice of such acceptance,In the event Purchaser wig not waive this condition In wirtting within throe(3)rt; of recelpl of such notice,then this agreement shall be terminated and all deposits be returned to Purchaser and escrow cancelled.Said notice may be personally dollvcr^l malled by certifled mall and addressed to Purchaser,in carfof his agent Identtfied herein.In the event of maling,such notice shall be deemed to have boon given on!hr, following the date of mailing evidenced by the postmark on the envelope containing such notice. 28•K. INSPECTION OF PHYSICAL CONDITION OF PROPERTY,:POOL,SEPTIC TANK,AND ENERGY EFFICIENCY. P.tiy; condition of the property including swimming pool,septic tank,wells,if any,and adequacy of energy saving features(i.e.Insulation and weothorstripping)to be inspected representative of Purchaser's choice,Approval of the report,at the discretion of the Purchaser,to be given in writing within seven(7)days of acceptance of this agree, which approval shall not be unreasonably withheld.In the event Purchaser does not approve of the report,he may have his deposit returned and both parties shat!re �+ of all obligations hereunder. _. 28•L. SMOKE DETECTORS. In accordance with local ordinance smoke detectors she be Installed at the expanse of the party ind,catA.d urtdrr I!.f. : If required,said smoke detectors shall be Inspected by the appropriate City or County agency prior to close of escrow and a compliance report obtained. 28•M. IsL000 HAZARD ZONE. Purchaser has been advised the the property is located in an area which the Secretary of HU0 has trntnd Io nave•r flood hnzards and that it will be necessary to purchase flood Insuranoe in order to obtain any loan secured by the property from any lederolty regulated'inancw in!jhlu!r, ioan insured or guaranteed by an agency of tho U.S.Govemmenf. 28•N. SPECIAL STUDIES ZONE DISCLOSURE. The property Is situated in a Special Studies Zone as designated under Sections 2621 - Inclusive,of the California Public Resources Code and as such,construction or development of any structure for human occupancy may require the submission of A lay.- geological report by a registered geologist,unless such report Is waived by the City or County under the terms of the act.No representations on the subject are made by or agent.Purchaser may make further Independent Inquiries at appropriate governmental agencies,concerning the use of the property under the terms of the Specia'c; Zone Act,Purchaser shall be deemed to be satisfied with the result of such inquiries unless written notice to the contrary is delivered to Seller or his agent within seven(7) of acceptance,in which case Purchaser may have his deposit returned and both parties shah be relieved of all obligations hereunder. 28.0. BROKER REPRESENTING BOTH PARTiNS. Purchaser and Seller acknowledge that the broker it this transaction represents bole r.: and Purchaser and Seller consent thereto, 28•P. TAX DEFERRED EXCHANGE. In the event that Seller wishes to enter into a tax deferred exchange for the teat properly described herr Purchaser wishes to enter into a tax deferred exchange with respect to property owned by him in connection with this transaction,each of the parties agrees to cooper.), the other party In connection with such exchange,Including the execution of such documents as may be reasonably necessary to effectuate the some.Provided that. : other parry shalt not be obligated to delay the closing, (b)all additional costs in connection with the exchange should be borne by the party whose property is exchanger (c)the other party shall not be obligated to execute any note,contract,or other document providing for any personal lability which would survive the exchange. FORM 101-C.2(a) (8•e5) coPYaInm 4 tees, by Pn6Fz4J10NAL PUeLISH,NO CORP. 122PAUI nR, RAPJRAFAM� CA aa09 PROPESS10 M PUBLiSHIN •s- ti , ivervie)v FIRE PROTECTION DISTRICT Ewe C.omnl+s�s: Chief EDWARD L FIOOrS.Ch+wm+n ALLEN LITTLE t/1VOMAALLEN ROlERT&M DRIDCA .. TAYLOR OAVIS February 3, 1988 ;LRoO Hudson Gas 18th & Amber Antioch, CA 94509 SUBJECT: Underground Tanks 18th & Amber Antioch, CA Dear Mr. Silvera: .• on December 16,. 1985, an inspection was done in regards to the removal of underground tanks at the above facility. The underground tanks were removed by Western Delta, Marine Construction, Richard M. Bartee. The ground soil was tested by a licensed company and found to be clear of contaminates. If you have any questions regarding this letter, please contact the undersigned at 757-1303. Sincerely, ALLEN LITTLE Fire Chief n 1 • �A� ENEA Fire Inspector ' AL:SE:ps EXHU i B. ' 1500(NEST FOURTH STREET—ANTIOCH•CALIFORNIA 9=509.1099 —TELFPHOIC(J 15) 757-1 301 NOTICE OF RESCISSION To: Jose and Betty Ramirez c/o Curtis Johnson, Esq. 3240 Lone Tree Way, Suite 202 Antioch, California 94509 PLEASE TAKE NOTICE that William and Patricia Sigillo (hereinafter referred to as "Sigillo") hereby,.rescind and terminate the Commercial Purchase Agreement and Depos.it. Receipt dated February 1, 1988, Deed dated February 24, 1988 and recorded March 3, 1988, Promissory Note dated February 24, 1988, and Deed of Trust dated February 24, 1988 and recorded March 3, 1988, between William and Patricia Sigillo as purchasers, borrowers, and trustors, and Jose and Betty Ramirez (hereinafter referred to as "Ramirez") as sellers, lenders, and beneficiaries, under which Sigillo purchased from Ramirez that parcel of real property located in Antioch, Contra Costa County, California, commonly known as 601 18th (corner of 18th and Amber) , Antioch, California, and more specifically known as found in Attachment A. The grounds on which the Sigillos base this rescission under California Civil Code section 1689 is generally based upon the discovery after close of escrow of hazardous petroleum hydrocarbon contaminates upon the property. The specific grounds for the rescission are as follows: 1. The consent of the Sigillos to purchase the property was obtained through the mutual mistake of both contracting parties; 2. The consent of the Sigillos to purchase the property was obtained through the unilateral mistake of the Sigillos which was caused by Ramirez; 3. The consent of the Sigillos to purchase the .property was obtained through fraud caused by Ramirez; 4. The consideration for the purchase fails in whole or in part caused by the fault of Ramirez; 5. The consideration for the purchase fails in a material respect; 6. The public interest will be prejudiced by permitting these contracts to stand; and 7. Enforcement and maintenance of the existing contracts would be unconscionable. William and Patricia Sigillo hereby tenders return of all consideration received by them, conditional on concurrent return of all consideration by Jose and Betty Ramirez given by the Sigillos. Dated: September 20, 1991 William Sigillo EXHIBIT C Patricia Sigillo The land referred to is situate.. in the State of California, Col-acy of Contra Costa, City of Antioc'i, and is described as follows: A portion of the nor`dtheast 1/4 of Section 19, Township 2 North, Range 2 Fast, Mount Diablo Base and Meridian, described as follows: Beginning at the intersection of the east line of Viera Street as shocm on the map of Tract No. 2119 MT Carolines) - filed December 22, 1954, in Book 56 of Maps, page 43, in the office of the County Recorder of Contra Costa County, with the north line of the state highway known as 18th Street; thence 1?orth 89 degrees 42' East along said north line of 18th Street, a distance of 91 feet; thence North 0 degrees 18' West, 94.21 feet; thence Nbrth 20 degrees 51' West 22.26 feet; thence South 89 degrees 42' Lit, parallel with said north line of 18th Street, a distance of 108.17 feet to the east line of said Viera Street; thence along said eastern line, the following courses and distances: South 0 -degrees 18' East 80.07 feet, southerly along the arc of a curve to the left having.a radius of 25 feet, an arc distance of 39.27 feet and South 0 degrees 18' East10 feet to the point of beginning. NTNG TBEREFROM: That portion thereof described in the deed to the City of Antioch, recorded Septe-nber 21, 1965 in Book 4956, page 140, Official Reoords. APN: 065-142- 023 Attachment "A" County Counsel 1. ZZ) CLAIM MAR 1 1993 17, BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA martinez, CA 94553 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 23, 1993 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: INZERILLO, Frank ATTORNEY: David Thomas Attorney. at Law Date received ADDRESS: 1610 "A" Street BY DELIVERY TO CLERK ON February 26, 1993 . Antioch, CA 94509 BY MAIL POSTMARKED: hand delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, ppHH gg DATED: March 1, 1993 BYIL DeputyLOR, Clerk I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: m ouv r-L, 9 9 3 Deputy County Counsel 11I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) i ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD 0 ER: 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: MAR 23 1991 PHIL BATCHELOR, Clerk, By r' . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. 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 16; 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: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. ®, r 1 j FEB 2 61993 CLAIM AGAINST PIIBLIC ENTITY OF—Su r ER!lISQRS �_. n TO: RIVERVIEW FIRE PROTECTION DISTRICT, A Special District of the County of Contra Costa 651 Pine Street, Room 106 Martinez, CA 94553 FRANK INZERILLO hereby makes claim against RIVERVIEW FIRE PROTECTION DISTRICT, a special district of the County of Contra Costa, and its employee, SAM ENEA, and makes the following statements in support of the claim: 1. The Claimant's post office address is 1310 "B" Street, Antioch, California 94509. 2. Notices concerning the claim should be sent to David S. Thomas, Attorney at Law, 1610 "A" Street, Antioch, California 94509. 3. The date and place of the occurrence giving rise to this claim are as follows: On September 1, 1992, Claimant, FRANK INZERILLO, was served as a named defendant in a cross-complaint in the action entitled William Sigillo, et al. v. Jose Ramirez, et al. in Contra Costa County Superior Court Case Number C91-05267. A copy of the cross-complaint is attached hereto as Exhibit "A" . A copy of the Summons showing the date of service on the Claimant is attached hereto as Exhibit "B" . 4. The circumstances giving rise to this claim are as follows: On or about February 3, 1988, RIVERVIEW FIRE PROTECTION DISTRICT employee and employee SAM ENEA negligently, intentionally, fraudulently and with corruption and actual malice made a false representation to the effect that the real property located at the corner of 18th and Amber Streets in the City of Antioch, County of Contra Costa, State of California, and commonly known as 61 E. 18th Street, Antioch, California, had been tested and found to be clear of contaminants. The letter was prepared for and delivered to defendant, DICK SILVERA, who, in turn, delivered said false representation to cross-defendant, FRANK INZERILLO and plaintiff, WILLIAM SIGILLO, who purchased the subject property from defendant, JOSE and BETTY RAMIREZ. As a proximate result of the false representation, plaintiffs SIGILLO sued defendant, RAMIREZ for seeking recision. Defendants RAMIREZ cross-complained against Claimant for indemnity and damages. Claimant FRANK INZERILLO is hereby seeking indemnity from RIVERVIEW FIRE PROTECTION DISTRICT and/or its employee SAM ENEA against all costs, damages, attorney's fees and expenses incurred by Claimant in defending the action brought by cross-complainants RAMIREZ. Such request for indemnification from the subject public entity and/or the public employee is based on equitable grounds for full and/or partial indemnity. Further grounds for such indemnification are unknown at this time, however, there may be a further basis for expressed indemnification from said public entity and/or public employee as discovery continues. 5. Claimant's injuries are all damages, costs, expenses and attorney's fees incurred in defending the above-described action. 6. The names of the public employees causing the claimant's injuries are SAM ENEA and LARRY THUD. 7. The Claimant's claim as of the date of this claim is in an amount that would place it within the jurisdiction of the Contra Costa County Superior Court. The claim is based on damages, expenses, and costs assessed against this Claimant, together with attorney's fees and costs incurred by this Claimant in an amount to be proved later. DATED: February 26, 1 993. LAW OFFICES OF DAVID S. THOMAS DAVID S. THOMAS on behalf of Claimant CURTIS L. JOHNSON AND ASSOCIATES 1 i 1 1 ATTORNEYS AT LAW 3240 LONE TREE WAY,SUITE 202 u ANTOCH,CALIFORNIA 94509 ` 2 (415)779.9450 3 ;.�. 4 ATTORNEYS FOR 5 Defendants, JOSE RAMIREZ, et al. 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF CONTRA COSTA 9 10 WILLIAM SIGILLO, et al. , NO: C91-05267 11 Plaintiffs, CROSS COMPLAINT FOR 12 NUISANCE; TRESPASS; V. NEGLIGENCE ; NEGLIGENT 13 MISREPRESENTATION; BREACH JOSE RAMIREZ, et al. , OF CONTRACT; AND DECLARATORY 14 RELIEF 15 Defendants. 16 17 JOSE RAMIREZ and BETTY RAMIREZ, 18 Cross-Complainants, 19 vs. 20 HUDSON GAS CO. , a business entity, 21 ABDUL GHAFOOR, KALSOOM G11AFOOR, FRANK INZERILLO, individually 22 and dba NORTHCAL PROPERTIES, WESTERN DELTA MARINE CONSTRUCTION, 23 WILLIAM and PATRICIA SIGILLO, and DOES 1-50, inclusive, 24 Cross-Defendants, 25 / 26 Cross-complainants, JOSE RAMIREZ and BETTY RAMIREZ (hereinafter sometimes referred to as "Ramirez") hereby alleges 1 EXHIHBT 1 2 against HUDSON GAS CO. , ABDUL GHAFOOR (hereinafter sometimes 3 referred to as " A. GHAFOOR1111 KALSOOM GHAFOOR (hereinafter 4 sometimes referred to as "K. GHAFOOR", FRANK INZERILLO, 5 individually and dba NORTHCAL PROPERTIES (hereinafter sometimes 6 referred to as "INZERILLO", WESTERN DELTA MARINE CONSTRUCTION 7 (hereinafter sometimes referred to as "WESTERN" and WILLIAM AND 8 PATRICIA SIGILLO (hereinafter sometimes referred to as 11SIGILL011 1 9 and DOES 1-50, inclusive as follows: 10 GENERAL ALLEGATIONS 11 1. Cross-complainants are informed and believes and thereon 12 allege that cross-defendant, Hudson Gas Co. is a business entity, 13 form unknown, licensed to transact business within the State of 14 California. Cross-Complainants pray leave to amend their cross- 15 complainant when said cross-defendant's identity is ascertained. 16 2. Cross-complainants are informed and believe and thereon 17 allege that Abdul Ghafoor, is, and at all relevant times was, a 18 resident of Contra Costa County, California. i 19 3 . Cross-complainants are informed and believe and thereon 20 allege that cross-defendant, Kalsoom Ghafoor, is, and at all 21 relevant times was, a resident of Contra Costa County, 22 California. 23 4 . Cross-complainants are informed and believe and thereon 24 allege that cross-defendant, Frank Inzerillo individually and dba 25 Northcal Properties, is a licensed real estate agent and is 26 transacting business in Antioch, Contra Costa County, California. ;URTIS L.JOHNSON JVD ASSOCIATES OORNEVS AT LAW 2 .O IONS IQEE WAY.SURE 2D2 1d"h.CALfORNN 94WP 19 M9" r 1 2 5. Cross-complainants are informed and believe and thereon 3 allege that Western Delta Marine Construction is a business 4 entity, form unknown, licensed to transact business within the 5 State of California. Cross-Complainants pray leave to amend 6 their cross-complainant when said cross-defendant's identity is 7 ascertained. 8 6. Cross-complainants are informed and believe and thereon 9 allege that William and Patricia Sigillo, husband and wife, were 10 residents of Antioch, Contra Costa County, California, at the 11 time this action was filed. 12 7 . Cross-complainants are ignorant of the true names and 13 capacities of cross-defendants sued herein as DOES 1 through 50, 14 inclusive, whether individual, corporate, associate or otherwise, 15 and therefore sues these cross-defendants by such fictitious 16 names. Cross-complainant will amend this cross-complaint to 17 allege their true names and capacities when ascertained. 18 8 . Cross-complainant is informed and believes and thereon 19 alleges that each of the crass-defendants designated herein as a 20 DOE was in some manner responsible for the occurrences and 21 injuries alleged herein, and the cross-complainants' damages 22 herein alleged were proximately caused by their conduct. 23 9 . Cross-complainants are informed and believe and thereon 24 allege that each of the defendants herein were at all times 25 relevant hereto, the agent, employee or representative of the 26 remaining cross-defendants and was acting at least in part within the course and scope of such relationship. 7URTIS L.JOHNSON %ND ASSOCIATES TORHE"ATtAW 3 240 LONE ME wAr,SUIT[Z2 141KXH.CA LF(Af4A94W0 .19 TN4Co 1 2 10. The above court is the proper court for the 3 commencement and prosecution of this cross-complaint in that the 4 contract which is the subject of this action was entered into in 5 this judicial district and/or the cross-complainants reside 6 within the above judicial district. 7 11. Cross-complainants hold title to approximately . 387 8 acres of undeveloped real property known as Contra Costa County 9 Assessor's Parcel Number 065-142-023-4 located at 61 E. 18th 10 Street, Antioch, California, as more particularly described in 11 the records of the County Recorder of Contra Costa County, 12 California (hereinafter sometimes referred to as the "PROPERTY' ) . 13 12 . Cross-complainants purchased the PROPERTY from 14 defendants A. Ghafoor and K. Ghafoor in March of 1986. Cross- 15 complainants further allege that the Ghafoors (and their 16 predecessors in interest) owned, operated, repaired and 17 maintained, a gasoline service station on the subject property. 18 13 . Cross-complainants are informed and believe, and 19 thereon allege, that an underground gasoline storage tank(s) 20 capable of storing environmentally damaging, hazardous and/or 21 toxic waste, substances, chemicals or materials (hereinafter 22 sometimes referred to as "CONTAMINANTS") are present, or in the 23 past have been present, at or about the PROPERTY. Cross- 24 complainants are informed and believe and thereon allege that 25 defendants, HUDSON GAS CO. , ABDUL GHAFOOR, KALSOOM GHAFOOR, and 26 WILLIAM AND PATRICIA SIGILLO, and each of them, own, have owned, leased, maintained, operated, and/or have assumed responsibility CURTIS L.JOHNSON AND ASSOCIATES ATIOME's At ww 4 =,W ION*TREE W^V,W(TE W2 AM OCH.CAL9"NA94WO cup n9ame 1 i 2 for the underground gasoline storage tank(s) and have also 3 assumed responsibility for any leakage or release from these 4 tanks. 5 14 . Cross-complainants are informed and believe, and 6 thereon allege, that at times presently unknown to cross- 7 complainants, a release or releases of CONTAMINANTS occurred from 8 said tanks onto or, into the PROPERTY. 9 15. Cross-complainants are informed and believe, and ` 10 thereon allege, that at times presently unknown to cross- 11 complainants, a release or releases of CONTAMINANTS occurred onto 12 or into the PROPERTY as a result of the failure of HUDSON GAS 13 CO. , ABDUL GHAFOOR, AND KALSOOM GHAFOOR to properly prevent 14 and/or supervise the use, storage, maintenance and/or release of 15 CONTAMINANTS on the property. 16 16. Cross-complainants are informed and believe, and .17 thereon allege, that after the releases of CONTAMINANTS, as 18 alleged above, such CONTAMINANTS migrated both vertically and 19 horizontally through the soils of the PROPERTY. Cross- 20 complainants are informed and believe, and thereon allege, that 21 the releases and migration of CONTAMINANTS, as alleged above, led 22 to a contamination of the soil. 23 17. Cross-complainants are informed and believe, and 24 thereon allege, that the PROPERTY has a reduced fair market value 25 due to the presence of the CONTAMINANTS. 26 ,URTIS L JOHNSON WD ASSOCIATES 5 .nOQNCW Al iAW MO LONE TKE WAY.SUOF M110cN.cftfi t"gem 19 7T km% f t 1 2 FIRST CAUSE OF ACTION (Against Hudson, A. Ghafoor, K. Ghafoor for Nuisance) 3 18. Cross-complainants reallege and incorporate herein 4 paragraphs 1 through 17, inclusive. 5 19 . Cross-complainants are informed and believe, and 6 thereon allege, that defendants' use, storage, maintenance and/or 7 release on, about, and/or into the PROPERTY of some or all of the 8 CONTAMINANTS constituted and continues to constitute a nuisance 9 within the meaning of section 3479 of the California Civil Code 10 in that such use, storage, maintenance and/or release was and is 11 injurious to the health of those on the PROPERTY, offensive to 12 the senses of those on the PROPERTY, and obstructive to the free 13 use of the PROPERTY so as to interfere with the comfortable 14 enjoyment thereof. 15 20. Cross-complainants have requested that the defendants, 16 (except DOE 1 through DOE 50, inclusive) , abate the nuisances and 17 correct the damages caused therefrom, but said defendants have 18 refused to take such action. 19 20 21. Cross-complainants have been and will be required to respond to the effects of the contamination of the soil of the 21 i 22 PROPERTY and as a result cross-complainants has incurred and will ` 23 incur substantial costs. Cross-complainants are informed and 24 believe, and thereon allege, that such response and expenditures 25 on the part of cross-complainants are the proximate result of defendants' nuisance. 26 CURTIS L JOHNSON AND ASSOCIATES AnCQNM At IAWI 3M LONE WE WAY.wrtE 202 AMOCH.CAUORMA 94909 L�I�7194" 1 2 22 . Cross-complainants are informed and believe and thereon 3 allege, that as a further proximate result of the nuisance of the 4 defendants, the PROPERTY has been injured and its value greatly 5 reduced. i 6 WHEREFORE, cross-complainants pray for judgment as 7 hereinafter set forth. 8 SECOND CAUSE OF ACTION (Against Hudson, A. Ghafoor, K. Ghafoor for Trespass) 9 23 . Cross-complainants reallege and incorporate herein 10 paragraphs 1 through 22, inclusive. 11 24 . Cross-complainants are informed and believe, and 12 thereon allege, that the herein alleged acts of the defendants 13 including, without limitation, their use, storage and/or 14 maintenance of some or all of the CONTAMINANTS on or about the 15 l PROPERTY in such a manner as to cause such CONTAMINANTS to enter 16 into and contaminate the soil of the PROPERTY without cross- 17 complainants consent, constituted and continues to constitute a 18 trespass of the PROPERTY by the defendants and have interfered 19 and continues to interfere with the ownership rights of cross- 20 complainants in and to the PROPERTY. 21 25. Cross-complainants have been and will be required to I 22 respond to the effects of the contamination of the soil of the 23 PROPERTY, and as a result, cross-complainants have incurred and 24 25 will incur substantial costs. Cross-complainants are informed 26 and believe, and thereon allege, that such response and expenditures on the part of cross-complainants are the proximate CURTIS L JOHNSON AND ASSOCIATES Anoanm At Mw 3M LOW INET WAY.SUflF 202 ANIOCK CAL"h"QAO l (a 19 7?"ft 1 2 result of defendants' trespass. 3 26. Cross-complainants are informed and believe, and 4 thereon allege, that as a further proximate result of defendants' 5 trespass, the PROPERTY has been injured and its value greatly 6 reduced. 7 WHEREFORE, cross-complainants pray for judgment as 8 hereinafter set forth. 9 THIRD CAUSE OF ACTION (Against all defendants for Negligence) 10 except SIGILLO 11 27 . Cross-complainants reallege and incorporate herein 12 paragraphs Z through 26, inclusive. 13 28. DUTIES OWED: 14 (A) HUDSON GAS CO. , ABDUL GHAFOOR, KALSOOM GHAFOOR, and 15 owed the owners and occupiers of the property, including cross- 16 complainants, a duty not to use, store, maintain, and/or release 17 in a negligent manner, on or about the PROPERTY, any substances 18 which would injure the property. 19 .,AB) FRANK INZERILLO, individually and dba NORTHCAL 20 PROPERTIES owed cross-complainants a duty to conduct a reasonable 21 investigation into whether the property was contaminated and to 22 inform them of the presence of contaminants in the soil. 23 (C) WESTERN DELTA MARINE CONSTRUCTION had a duty to conduct 24 their investigation into the presence or absence of petroleum 25 hydrocarbon in a reasonable manner. 26 ATIS L JOHNSON 4D ASSOCIATES WHEY?Al LAW 8 0 LOW IOEE WAY.OUIIE 2D7 IIDCH.C UFOR A94U* Q 7/VPm6 1 2 29. NEGLIGENT ACTS: 3 (A) Cross-complainants are informed and believe, and 4 thereon allege, that HUDSON GAS CO. , ABDUL GHAFOOR and KALSOOM 5 GHAFOOR negligently used, supervised the use of, stored, 6 maintained, released and/or failed to prevent the release of some 7 or all of the CONTAMINANTS in such a manner as to cause the 8 CONTAMINANTS to contaminate the soil. 9 (B) Cross-complainants are informed and believe, and 10 thereon allege, that FRANK INZERILLO, individually and dba 11 NORTHCAL PROPERTIES failed to make a reasonable inquiry or 12 investigation into the issue of CONTAMINANTS on the PROPERTY and 13 failed to inform cross-complainants of the presence of petroleum 14 hydrocarbons. 15 (C) Cross-complainants are informed and believe, and 16 thereon allege, that WESTERN DELTA MARINE CONSTRUCTION failed to I 17 act reasonably in the performance of their duties in conducting 18 testing and preparing a report in which they stated that the 19 PROPERTY was free and clear of petroleum hydrocarbon. 20 30. Cross-complainants have been and will be required to 21 respond to the effects of the contamination and, as a result, 22 cross-complainants have incurred and will incur substantial 23 costs. Cross-complainants are informed and believe, and thereon 24 allege, that such response and expenditures on the part of cross- 25 complainants are the proximate result of the negligence of 26 defendants. CURTIS L JOHNSON AND ASSOCIATES AnCONVA Al LAW 9 324D ION*IWE WAY,SUIR X2 AN10C11.CM f0Qf1"9" UiQ MAO" • 1 2 31. Cross-complainants are informed and believe, and 3 thereon allege, that as a further proximate cause of defendants' 4 negligence, the PROPERTY has been injured and its value greatly 5 reduced. 6 WHEREFORE, cross-complainants pray for judgment as 7 hereinafter set forth. 8 FOURTH CAUSE OF ACTION (Against A. Ghafoor, K. Ghafoor, Frank Inzerillo 9 for Negligent Misrepresentation) 10 32 . Cross-complainants reallege and incorporate herein 11 paragraphs 1 through 31, inclusive. 12 33 . On or about, March 5, 1986, cross-complainant purchased 13 the subject property from Abdul and Kalsoom Ghafoor. 14 34 . At the time cross-complainant entered into the written 15 contract with cross-defendants, and each of them, cross- 16 defendants and cross-defendants' agent represented to cross- 17 complainant that the property was free and clear of petroleum I 18 hydrocarbon contamination. 19 35. cross-defendants' , and each of them, by and through 20 their agent, Frank Inzerillo, individually and dba Northcal 21 Properties made these representations without reasonable ground 22 for believing them to be true. 23 36. Cross-complainants have been and will be required to 24 respond to the effects of the contamination and, as a result, 25 cross-complainants have incurred and will incur substantial 26 costs. Cross-complainants are informed and believe and thereon JRTIS L JOHNSON -4D ASSOCIATES ORNEW AT uw 10 U LONE WE WAY.SUITE 202 1TOCN.CALIOUNIA94WP 9 7144" 1 2 allege, that such response and expenditures on the part of cross- 3 complainants are the proximate result of the negligent 4 misrepresentations of defendants. 5 WHEREFORE, cross-complainants pray for judgment as 6 hereinafter set forth. I 7 FIFTH CAUSE OF ACTION (Against A. Ghafodii%1Tid 0A.UMailTboNCTfk" Breach of Contract) 8 37. Cross-complainants hereby reallege and incorporate each 9 herein paragraphs 1 through 36, inclusive. 10 38 . On or about March 5, 1986, cross-complainants entered 11 into a purchase contract for the sale of the real property to 12 SIGILLO as hereinabove described. Said purchase contract 13 outlined specific conditions and duties for the parties. 14 Furthermore, certain disclosures were made to the cross- 15 complainants regarding the condition of the PROPERTY. Cross- 16 defendants failed to disclose the presence of petroleum • 17 hydrocarbon in the soil. 18 39. Cross-defendants failure to disclose the presence of 19 petroleum hydrocarbon in the soil constituted a breach of the 20 purchase agreement between the contracting parties. 21 40. As a proximate result of said cross-defendants' breach 22 23 of the purchase contract, cross-complainants have lost the 24 benefit of their bargain, and suffered injuries and other damages 25 in amounts according to proof. 26 WHEREFORE cross-complainants pray for judgment against cross-defendants as herein set forth. ::URTIS L JOHNSON 4,ND ASSOCIATES '"ORNM AI u w I 1 2K1 We*[Off WAY.3UCTE 702 MOOCH.CAL"N1A94WV il4 7/9-0350 1 SIXTH CAUSE OF ACTION (Against all cross-defendants for Declaratory Relief) 2 41. Cross-complainants hereby reallege and incorporate 3 herein paragraphs 1 through 40, inclusive. 4 42 . Cross-complainants are informed and believe and thereon 5 allege, that an actual controversy exists between themselves and 6 cross-defendants concerning their respective obligations for the 7 remediation of the contaminated soil on the PROPERTY. 8 43 . Cross-complainants further allege that unless the 9 rights, duties and obligations of cross-complainants and cross- 10 defendants are determined in this action, there will be a 11 multiplicity of actions required to determine those rights, 12 duties and obligations. Therefore, cross-complainants request a 13 judicial determination of the duties and obligations of the 14 cross-defendants to cross-complainants, and the cross-defendants 15 to other persons and entities which may now have or may 16 hereinafter assert jurisdiction over the damage alleged to said .17 property (including but not limited to cross-complainants, the 18 County of Contra Costa and the State of California) . 19 44 . Cross-complainants further allege and contend that: 20 A. The contamination of the soil on the property of 21 petroleum hydrocarbons was solely due to the acts and omissions of cross-defendants; 22 B. The failure to identify, cleanup, and remove the 23 petroleum hydrocarbons was due solely to the acts and omissions of the cross-defendants; 24 C. Cross-defendants are jointly and severally liable 25 for: 26 ITIS L JOHNSON )ASSOCIATES iMM Ar tww 12 Ot*IWEE WAY.wltE 2n CKc LMORMA94UM rvam 1 1. The entire costs of removing the petroleum 2 hydrocarbons and cleaning the property according to code; 3 2. The entire cost of compliance with any clean up 4 orders issued by government agencies, and all costs incurred by cross-complainants for 5 consultant's fees and attorney's fees in response to government reporting, 6 characterization, removal and remediation requirements; and 7 3 . The entire cost of any additional or 8 administrative actions brought by any persons or entities, public or private, concerning the 9 removal of petroleum hydrocarbons, contamination of the soil therefrom on or under 10 said property. 11 45. Cross-complainants are informed and believe, and 12 thereon allege, that cross-defendants deny the contentions of 13 cross-complainants. 14 WHEREFORE, cross-complainants pray for judgment as follows: 15 1. For damages in an amount subject to proof at trial; 16 2. For a determination by this court of the duty of the 17 cross-defendants to indemnify cross-complainants against any 18 claims, required environmental response actions, damages, costs, 19 expenses and liabilities arising out of cross-defendants' use, 20 and maintenance of the underground gasoline storage tank(s) on 21 the subject property; 22 3 . . For a declaration by this court that the cross- 23 defendants are obligated to indemnify cross-complainants against 24 all such claims, environmental response actions, damages, costs, 25 expenses, diminution in property value, and liabilities; 26 4 . For attorney's fees pursuant to California Code of Civil Procedure section 1021. 6; CURTIS L JOHNSON AND ASSOCIATES %nORNM M LAW 13 9240 LONf 1QEE WAY.Wfff M %MOCK.C•ALFCVNIA 945N 119 77940 , 1 2 5. For costs of suit incurred herein; and 3 6. For such other and further relief as this Court deems 4 just and proper; or in the alternative 5 7. That this Court declare that the purchase agreement 6 between cross-complainants and cross-defendants, ABDUL and 7 KALSOOM GHAFOOR has been rescinded; 8 2. That cross-defendants, ABDUL and KALSOOM GHAFOOR be 9 ordered to pay to cross-complainants the following sums: 10 (a) The consideration paid by cross-complainants with 11 interest thereon at the legal rate from March 5, 1986; 12 (b) The general damages suffered by cross-complainants 13 in an amount to be determined at trial; 14 (c) Such other special damages suffered by cross- 15 complainant in an amount to be determined at trial; 16 (d) Punitive damages in an amount to be determined at 17 trial; 18 3 . For reasonable attorney's fees as provided for in the 19 contract in an amount to be determined at trial. 20 4 . For costs of suit herein incurred; and 21 5. For such other and further relief as the Court may deem 22 proper. 23 DATED: August 24, 1992 CURTIS L. J HNSON AND ASSOCIATES 24 By: 25 CURTIS JOHNSON, ESQ. Attorne for Defendants/ Cross-C plainants, JOSE 26 and BETT IREZ URTIS L.JOHNSON ND ASSOCIATES 'ORNM Al(AW 14 O IOK tall WAY.SUIM W2 uocn.CAIi(KiN1AP450D 9T�� e � v � I 1 PROOF OF SERVICE BY MAIL 2 3 I, CHRISTINA HOPKINS, certify and declare as follows: I 4 I am over the age of 18 years, and not a party to this action. My business address is 3240 Lone Tree Way, Suite 202, 5 Antioch, California 94509, which is located in the county where the mailing described below took place. 6 I am readily familiar with the business practice at my place 7 of business for collection and processing of correspondence for mailing with the United States Postal Service. 8 Correspondence so collected and processed is deposited with the United States Postal Service that same day in the 9 ordinary course of business. 10 On August 24 , 1992, at my place of business in Antioch, California, a copy of the following document(s) : CROSS- 11 COMPLAINT was placed for deposit with the United States Postal Service in a sealed envelope, with postage fully 12 prepaid, addressed to: 13 Craig L. Judson, Esq. BOLD and POLISNER j 14 500 Ygnacio Valley Road Suite 325 15 Walnut Creek, CA 94596-3840 16 and that envelope was placed for collection and mailing on that date following ordinary business practices. 17 I certify and declare under pety of erjur der the laws 18 of the State of California a the -reg n is rue and correct. 19 _ Executed on August 24 , 1992 rh i 20 1/ C 21 2ISTI HOPK NS 22 23 24 25 26 CURTIS L JOHNSON AND ASSOCIATES ATTORNEYS AT(AW 15 3210 LONE TREE WAY.SUITE 702 MOOCH.CAUKAN A945W (1l Sl 7)9411e _ SUMMONS CROSS COMPLAINT (CITACION JUDICIAL,, ' TUR COURT USf ON(Y NOTICE TO DEFENDANT; (Avisu a Acusado) 1S010/YR4 0.10 U((A(ORlr) HUDSON GAS CO. , a business entity, ABDUL GHAFOOR, KALSOOM GHAFOOR, r RANK INZERILLO, individually and dba NORTHCAL PROPERTIES, WESTERN DELTA MARINE CONSTRUCTION, WILLIAM AND PATRICIA SIGILLO, and DOES 1-50 , inclusive, YOU ARE BEING SUED BY PLAINTIFF: (A Ud. le esti denlandandu) JOSE RAMIREZ and BETTY RAMIREZ You have 30 CALENDAR DAYS after this sum- Dvspucs de flue le enfreguen esla ci.16645 judicial usfed mons is served un you to file a typewritten re- bene un plaza de 30 DIAS CALENDARIOS para presenfar spu►se at this court. una respuesta escrila a imiquina en esta curfe. A letter or phone call will not protect you; your Una Carta o una llamada telefonica no le ofreceri typewritten lespunse rnust he in proper legal proieccitin; su respuesta escrifa a imiquina fiene que furls if you want the court to hear your case. cumplir con las furt►r.►lidades legiles aprupiadas si usled If you do itot file your response on time,you may quiere que la cot-le escucbee su casu. lose the case, and your wages, looney and pro- Si usled no prcesenla su respuesla a liempo, puede perder perly may be taker) without fur thcr warning from 44 c'asu, y le puerler►quilar su saLiriu, su dinen)y otras c'osas the Court. de su propiedad sin avisu adic'ional par parte de la curfe. There are other legal requirements. You may (.listen uUns requisilus It-gales. Puede que usfed quiert want to call an altumoy tight away. If you do not /Lunar a un abogado inn►edialamenfe. Si nu cunuce a un know an attorney, you may call an attorney refer- abogadu, puede hamar a un se•rvicio de referencia de ral service or a legal aid office (listed in the phone abogadus u a una uficina de ayuda legal(vea el direcluriu book). leleftinicu). CASE NUM11141: INumn,1 def 1.45,11 The name and address of the court is: (ll rron►bre y direccitin de la curfe Cts) C91-05267 SUPERIOR COURT OF THE STATE OF CALIFORNIA CONTRA COSTA COUNTY 725 COURT STREET MARTINEZ, . CALIFORNIA 94553 The name, address, a►Id telellltone number of plaintiff's attorney, or plaintiff without an attorney, is: (V nulnble, la direccitin y cl mimeru de it-16tonu del abugadu del dem,uul into, u del demand me que no fiene abogado es) CURTIS L. JOHNSON, ESQ. (510) 779-9456 . CURTIS L. JOHNSON AND ASSOCIATES 3240 Lone Tree Way, Suite 202 Antioch, California 94509 HARBRECHT DATE: Clerk, by Deputy n 1/('ch.lJ AUG (ArfuariuJ (IJrlrg.uloJ isF:nij - NUI TO THE PERSON SERVED: You are served 1. as an individual defendant. Rib 2. as the person sued under the fictitious name of (specify): _ A�� tjok-itrc-21 Properfie5 3. [I on behalf of (specify): under: ��_ CCP 416.10 (corporation► F—] CCP 416.60 (minorl CCP 416.20 (defunct corporation) F-1 CCP 416.70 (conservateel CCP 416.40 (association or partnership) CCP 416.90 (in'dividuall other. pp�� I 4. � by pelsonaf delivery on (date): –V �q Rona Adopted by Hale 9112 (see reverse for Proof of Service) Judicial Comwil of Cotdunua 91121a1191 111ov J.uuimy 1. 111141 SUMMONS "'1 ` n c r! rlr�1+1.r • I —