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HomeMy WebLinkAboutMINUTES - 05232000 - C20 t +CLAIM C BOARD OF STP ,RV SMS OF CONTTte META [YI=o CAUMNIA` IWO AClldllt MAY 23, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your daim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $2,985.00 APR 2 5 2000 CLAIMANT: Norunn Contim' ��COUNSEL MJ(R'TINEZ CALIF. ATTORNEY: DATE RECEIVED: April 24, 2000 ADDRESS: 4009 Natasha Drive BY DELIVERY TO CLERK ON: April 24, 2000 Lafayette CA 94549 BY MAIL POSTMARKED: Transmittal L FROWE Clerk of the Board of Supervisors 7X).- County Counsel Attached is a copy of the above-noted claim. PHIL BAT LOR, Clerk Dated:— April 24, 2000 By: Deputyle 7 ✓ �� -- IL FROM: County Counsel TO. Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 9101.2. f ) 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'--eb By: uty County Counsel 13L 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: Y certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: fs CQ600 PHIL BATCHELOR, Clerk, By Deputy Clerk WARMING (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. AFFWAVTT OF MAIIJNG 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: By: PHIL BATCHELOR By Deputy Clerk CC: County Counsel County Administrator RECEIVED APR 9� 4 ?000 Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO Q AIMANT CLERK BARC) ,up RV! RS CONTRA GC}STA G0. A. 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 before December 31, 1987, must be presented not later than the 100'* 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,Martine,CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity,separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec.72 at the end of this form. RE: Claim by ) Reserved for Clerk's Filing Stamp ,,•� } SHARON HYMES-OFFORD �`�,r�.,,�r-•tet �g,, ,��r �'.�.,�n Vie!) Against the County of Contra Costae— APR 2 12000 or District) (Fill in Name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of S and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact nate and Hour) 100�/'-54c> -/' -�P-0.y - .*q'41'. 2. Where did the damage or injury occur? (Include City and County) 3. How did the damage or injury occur? (Give tail detaltoa use extra paper irrequired) 1 f �i i�``t"""✓r�'-+�.» "`,°r 7"`c� c� '.✓3 �. t" +E�' ,r'" r-'�s�T`7" /� +I�...+a �i��-''/ -,��"/ •+�# 'etr5:.t.t�,►-*---------------------------------__---__-___--_---____-___- 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? cel► ✓' ' ✓ �. -✓'10 e0 1-- . 00 (Over) mow/ l N+1 • , v/#1� f1 L)/Js 7 H/? CJ7/.e l t S`r ry f-,tom kv , G, 4K, H7 - za C-) 999 r� 1 rutAdMinistrator Contra Risk Msns&sment()[vision Costa 2530 Arnold Drive,Suite 140 y Fax Claims (925)335.1420 Martinez,California 94553 \JJ Fax Lumber {925}335-1420 November 8, 1999 Norunn Contin 4009 Natasha Drive Lafayette, CA 94549 Re: Claimant. Norunn Contin Insured: Contra Costa County UlAccident: 1013011999 Claim No.. 43417 Dear Ms. Contin: Thank you for your cooperation during our meeting at your residence on November 8, 1939. 1 have enclosed a claim form for the formal reporting of your loss to Contra Costa County. Please complete the form and return it to my office, with a copy of the estimate for the damage to your carport support beam. Should you have any questions in the interim, please do not hesitate to contact the undersigned. Sincerely, Sharon Hymes-Offord Liability Claims (925)3351442 l ClArm BOARD OF S1-TER)1SORSO_F CMTRA G}tJ►STA �`l�TTY. _AI IFCi 'IA jRMM MAY 23, 2000 Claim Against the County, or district Governed by NOTICE TO CLAIMANT the Board of Supervisors, Routing Endorsements, and Board Action. All Section references are to � The copy of this document mailed to you is your California Government Codes. notice of the action taken on Your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 815,4, please note all *Warnings". AMOUNT: NONE STATED CLAIMANT: EV'ELYN FERREIRA ATTORNEY: BATE RECEIVED: April 25, 2000 ADDRESS: 1005 Rosemary Lane BY DELIVERY TO CLERK ON: Ar�r_, 25,; 2000 , ,,�.. Oakley CA 94561 BY MAIL POSTMARKED: - ,-A 6.,..- 200-0 - '11=smittal L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATC + lerk Dated: Lril 26, 2000 By: Deputy "' IL FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( �,� Ibis claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( Claim is not timely filed; The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ) Other: Dated: By: Deputy County Counsel ICL 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: 1KThis 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:, 'l� cs� 000 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 13) Subject to certain exceptions, you have only six (5) months from the date this notice was personally served or deposit in the mail to file a court action on this claim. See Government Code Section 945.5. 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 MAIMG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the Unitee S tes, over age IS, and that today I deposited in the United States Postal Service in Martinez, California, postage fu' 4 p epaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. ated: cit t0� By: PHIL BATCHELOR By Deputy Clerk CC: County Counsel County Administrator V CTOR J.WESTMAN ref PHILLIPS,UnEA IPS,ALTHOFF COUNTY COUNSEL JANICE L.AMENTA NORA G.BARLOW B.REBECCA BYRNES ANDREA W.CASStDY SILVANO S.MARCHESICONTRA COSTA COUNTY TY MONIKAL.COOPER WES CH IEE ASSISTANT COUNTY COUNSEL OFFICE, g wcKIE L.DA'T VFFiCEOF THE VU1�TN �� MARKS S.EST MICHAEL D.FARR SHARON L.ANDERSON cOU TYAPMI�isTRAritss��tfi+ioiN���` DENNISC,GRLILLIAN T I ASSISTANT COUNTY COUNSEL JA NNIS C.GRAVES ?fs I i E"STREET,S� Fl ?R ` JANET L.HOLME$ MARTINEZ,CALIFORNYA V� §1229 KEVINTKE.K APP GREGORY C.HARVEY EDWAR V. ANE,J EDWARD V LANE,JR. ASSISTANT COUNTY COUNSEL BEATRICE UU MARY ANN MASON PAUL R.MUNE2 taAYLE MUCay(`aLf VALERIEJ.RANCHE OFFICE MANAGER STEVEN P.RETTIG DAVID F.SCHMIDT DIANA J.SILVER PHONE{925}335-18DO NOTICE OF INSUFFICIENCY JACQUELINE Y.WOODS FAX(925)646-1078 AND/OR NONACCEPTANCE OF CLAIM TO: Evelyn Ferreira 1005 Rosemary Lane Oakley, CA 94561 RE: CLAIM OF: Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: ] 1. The claim fails to state the name and post office address of the claimant. [ ] 2, The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [ 13. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ 14. The claim fails to state the name(s)of the public employee(s) causing the injury, damage, or loss, if known. [x ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars($10,000),the claim fails to state the amount claimed as of the date of presentation,the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] b. The claim is not signed by the claimant or by some person on his or her behalf. Page 1 i [ ] 7. Other: The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim. VICTOR J. WESTMAN COUNTY COUNSEL Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015,5;Evidence Code§§641,664) 1 declare that my business address is the County Counsel's office of Contra Costa County,651 Pine Street,Martinez,California 94553;1 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: April 28,2000,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY of CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 I Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY �'' � " INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987,must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By } Reserved for Clerk's filing stamp Evelyn Ferreira Against the County of Contra Costa 2 or APR 2 _ Z000 The Housing Authority of Contra Costa (District) (Fill in name) 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: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and c ty) '►3. How did the dam ge or injury occur (Give full details; use extra OWer if required) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? 7_- _�k aT C, A-1� v c rams /�, G _ T e.-f r e- 5. 5. What are the names of county or district officers, servants or employees causing the damage or injury? 6. What damage or injuries do you claim resulted? a full extent of injuries or damages claimed. Attached two estimates for auto damage.) Nom• , - r, ;d1 (d v , r C., 7. blow wa the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) -" S. Napes and addresses of wifiiesks, doctors and hospitals. 3' !t 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 NOTICE TO: (Attorney) or by some person on his behalf" Name and Address of Attorney {QZairn 's Signature) (Address) Telephone No. Telephone No. 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." clmform On March 30,2000 I went out to the car to get my groceries. Next thing I knew I was flat on the pavement in the front parking lot facing the street in front of my apartment 1005.The parking lot was full of burs off the tree(round balls with needle points sticking out),I slipped on them. I went to the office when they opened on Monday April 3,2000 and told Laura what happened. She said the manager would want me to fill out an accident report. That same late afternoon the two maintainance men vacumed up the balls.I talked to Nanet our new manager,she took down the report and said she would get back to me as soon as they get some accident report papers in.A week later I recieved the papers(accident claim)in the mail to fill out. Just before I fell I had been seeing my orthopedix doctor(Appel,Jason M.D)in the Pittsburg Clinic. I was taking shots in my knee(synvise),every week for three weeks. My last shot was March 27,2000 and I fell March 30,2000. (I need a knee replacement,we are trying the shots first)I will be seeing Dr.Apple on April 17.I have been calling for an appointment since I fell.The soonest appointment I could get is on April 17. He's only there on Mondays. Since my fall I have felt numbness in my right leg and arm. I want to talk to Dr.Apple before I fill out any papers. My back is also hurting again(it's an old injury in my back).But,the tremor of falling on hard cement brought back all the pain from 1999. 1 had to get cordesone in my back because the muscle spasms were so bad. The last two days I have had to wear my back brace again and keep heat on my knee and back,alternating it with ice.I will finish the report on April 17 when I see Dr.APpl ./9 P)O e/— April 17,just came back from seeing Dr.Apple,he said that the fall didn't help the damage to me knee and back,that was already started. It just made it more painfull, and as far as my back I have to see another doctor for that. He took water out of my knee today to see if there was any bleeding.The fall caused me more pain now. I can't work in my yard or take long walks or sleep all night. Only time will tell what happens. I don't know how to measure this in amount of money. / Evelyn Ferreira -71 Y� 1-1 Al r en 11-1ro c I C.-s� �, ��.. �` CLAIM BOARD OF SIMMISM {)F CONTRA CUSIA, Cid MMCAL'iF0 N A BOARD AC' ER MAY 23, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT end Board Action. All Section references are to 1 The copy of this document mailed to you is your California Governrnant Codes. 1 notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), Oven pursuant to Governmmnt Code Section 913 and 915.4. Please rate all "Warnings". AMOUNT: $427.43 CLAIMANT: GARY FONG ATTORNEY: DATE RECEIVED: April 26, 2000 ADDRESS: 155 Via Lucia BY DELIVERY TO CLERK ON: Amari 6 2QOO Alamo CA. 9407 BY MAIL POSTMARKED: April 25, 2000 L FROft Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCH R, Clerk - Dated: April 26, 2000 By: Deputy II. FROM County Counsel TO: Clerk of the Board of Supervisors ( �is 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 911.0. ( ) Other: Dated: By: C - .._Deputy Czpunty Counsel M. 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: a'? a 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 Warning See Reverse Side of Ibis Notice. AFFIDAVIT OF MAUXiG 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. DateddP 1�{, By: PHIL BATCHELOR Byputy Clerk CC: County Counsel County Administrator _lAzw_" .10V__1r A "*AA.P-7 7 L+�Z^4. L dn 45 Wo March 20, 2000 Contra Costa County Public Works Maintenance P 2475 Water bird Way Martinez ,CA 94553 PR 2 f 2000 Mr. Jim Steffersen � a r 1 " Superintendent Dear Mr. Steffersen, I am the owner and resident of 155 Via Lucia, Alamo, CA 94507. 1 have lived here for about fifteen years and have never had a problem with access to my driveway, nor have I made any alterations to the concrete curb and gutter at the street. On Thursday March 16`h, my wife was returning home by car and hit the hazard that your crew developed at the curb and gutter. She hit bottom and may have damaged the underside of our car. I will have my mechanic do an inspection. Should there be any damages or alignment problems I intend to file a claim against the County for the negligent manner in which your crew had altered the access to my house. 1. As I have indicated, I did not have an access problem. 2. We did not ask for any work to done. 3. We were not informed of any work you were doing in front of my house. 4. After you altered the curb and gutter there were no barriers of warning signs that alerted us to a potential hazard. I would appreciate if you could return my access back to where it was before your crew altered it. Sincerely, YF CC: County Attorney's Offices I LL ,� + vb:FA .�'j� ♦ ��. r. ih ..... .y ..' �_ _� ir,�.- :. s -� � `} > � „ Y �.. � w ;Y 'f '�, Y .r _ � 7 �ry� � � �,ri{,,,� .�,,a- � ti 1 �r f ` PSR .. SAN.. __ _. _ � i i;V� t Oil .�� .��+ :��„ � � �� .. .. . . . ..,�. -:N y p � ' icy.. y� ��� � w .: �, .� - ,� .�. .a <.r,C v "l::� `i. y.. S: '�� A H'v v h� Af' v ¢tee �r -.._...___-...____ ' 4 �� m � ` Z � " N a 10 © C, 0 -P 0 r o03 O( v m� m S " QS O c mco q , go S (� r' v a � .G s t> s cww.00 4 .d. CIAIM BUARD OF SUPER SUR. OF CUNTRA [`'USIA CUUNTY, CALUDM A 1OAR0 ACTION: MAY 23, LVW Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to 1 The copy of this document mailed to you is your California Govermnent Codes. 1 notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given v rT pursuant to Goverment Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: None Stated APR 2 5 2000 e� CLAIMANT: Kevin Johnson cx)�puN71NEZncouCALIr+sF• ATTORNEY: DATE RECEIVED: April 24, 2000 ADDRESS: 247 Bailey Rd. , #87 BY DELIVERY TO CLERK ON: April 24, 2000 Bay Point CA 94565 BY FAIL POSTMARKED: Hand-Delivered L FROP& Clerk of the Board of Supervisors TO.- County Counsel Attached is a copy of the above-noted claim. PHIL B CHELOR, Cl r Dated: April 24, 2000 By: Deputy h—) II. FROM: County Counsel 7'0: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( Tfiis 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: 7" By: aw,:::—_�uty County Counsel IIL 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: PHIL BATCHELOR, Clerk, By 7 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. Yc-i 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. AFMAVIT OF NIADING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the 'Ordted 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: y -lYIP By: PHIL BATCHELOR By 1 Deputy Clerk CC: County Counsel County Administrator C"LAIlVI Ce ]BOARD OF SUP'ERV[ ORS OF a&TR A COSTA [Y)iTNTYa CAMEORNI A BOARD ACTIO I MAY 23, 2000 Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this doewent mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), Oven pursuant to Government Code Section 913 and APR 2 4 2000 815.4. Please mote all "Warnings". AMOUNT: $124,710.64 CLAIMANT: Monique Kirkland MARI-I €EZ.CALIF. ATTORNEY:c/o Craig L. Judson - 114926 DATE RECEIVER: April 21, 2000 Bold, Polisner, Maddow, Nelson & Judson ADDRESS: 500 Ygnacio Valley Rd. Ste 325 BY DELIVERY TO CLERK ON: April 21, 2000 Walnut Creek CA 94596 BY MAIL POST LARKK.ED: April 20, 2000 L FRONS Clerk of the Board of Supervisors 7Xk. County Counsel Attached is a copy of the above-noted claim. PFUL BA SWR, Clerk Dated: April 24, 2000 By: Deputy IL 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). (y) Other: _ /3L t' E'Cl l /.''�` / a es olea,0�//1 Cr Dated: By: Deputy County Counsel M. FRO114- 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 EYt: 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:M44 ;,L3 PFUL 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 Warning See Reverse Side of This Notice. AFFIDAVIT OF MAEUNG 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:: - y-� By: PHIL BATCHELOR By Deputy Clerk CC: County Counsel County Administrator BOLD, POL15N ER, MADDow, NELSON &. J UDSON A PROFESSIONAL CORPORATION ROBERT B. MADDOW 500 YGNACIO VALLEY ROAD, SUITE 325 JEFFREY D. POLISNER CARL P. A. NELSON OF COUNSEL CRAIG L. JUDSON WALNUT CREEK, CALIFORNIA 94596-3840 THOMAS N. 57EWART. 111 FREDERICK BOLD, JR.TELEPHONE (925) 933-7777 (RETIRED) TELEFAX (9251 933-7804 April 10, 2000 w Attention: Mickey Sanders A PR 1 2000 Contra Costa County Administration Building, Rm.#106 651 Fine Street Martinez, California 04553 RE: MONIQUE KIRKLAND DATE OF ACCIDENT: JULY 2, 1099 Dear Ms. Sanders: Thank you for the signed Notice and Acknowledgment of Receipt. Enclosed please find Plaintiff's Statement of Damages pursuant to Code of Civil Procedure Section 425.11. If you have any questions do not hesitate to call me. Youra very truly, CRAI . J SON CLJ:baa Enclosure as noted Cf e K la.>n i I 1 CRAIG L. JUDSON- 114925 2 BOLD, POLISNER, MADDOW, NELSON&JUDSON A Professional Corporation 3 500 Ygnacio`Walley Road, Suite 325 4 Walnut Creek, California 94596 (925) 933-7777 telephone 5 (925) 933-7804 facsimile s Attorneys for Monique Kirkland 7 8 9 10 SUPERIOR COURT OF CALIFORNIA 11 IN AND FOR THE COUNTY OF CONTRA COSTA 12 Unlimited Jurisdiction 13 14 15 MONIQUE KIRKLAND, } CASE NUMBER: C00-01044 16 Plaintiff, ) PLAINTIFF'S STATEMENT 17 ) OF DAMAGES VS. } 18 } CONTRA COSTA COUNTY SHERIFF'S) 19 DEPARTMENT, CAROL LOUISE ) 20 MASSAGGIA, COUNTY OF CONTRA ) COSTA, and DOES 1 to 25, ) 21 } 22 Defendants. } 23 24 Plaintiff Monique Kirkland submits this Statement of Damages, pursuant to 25 provisions of Code of Civil Procedure Section 425.11, as follows: ,OLD,POLISNER,MADDOW, NELSON 3 JUDSON Kirkland vs.Contra Costa County,at al. AYtOLAW SUITE 321525 CCCSC Number.CW-01044 SUITE 540 YGNACIO VALLEY ROAD Xe l WALNUT CREEK, CA 94555 Statement 0117amCx es PHONE:925-933-7777 FAX:925• 933.7501 1 PERSONAL PROFILE: 2 3 Plaintiff: Monique Kirkland 4 Date of Birth: June 29, 1971 5 Sex: Female 6 Home Address: 3317 Karen Way 7 Pittsburg, California 94565 8 Kaiser Member Number: 09749500 9 10 STATEMENT OF DAMAGES: 11 Past medical expense $24,710.64 12 13 Future medical expense unknown at this time 14 Property damage: unknown at this time 15 Lost wages: unknown at this time 16 Future lost wages: unknown at this time 17 18 GENERAL DAMAGES: 19 Pain and suffering, loss of use of right arm, $100,000.00 20 loss of enjoyment of life, and other physical 21 and emotional disabilities and injuries 22 TOTAL DAMAGES TO DATE: $124,710.64 23 24 26 OLD,POLISHER,MADDOW, NELSON 6 JUDSON ATTORNEYS 23 LAW KA1ayd Vb Contra Costa County,y., et cd. SUITE 325 `r' 500'YONACIO VALLEY ROAD CCCSC Number.CM01044 WALNUT CREEK, CA 94599 1Nage 2 PHONE: 925- 77 FStatement of Damages FAX:925-933.7803.780 4 ,f1 ff I 1 MEDICAL PHYSICIANS TO DATE 2 3 1. California Shock/Trauma Air Rescue dba CalStar 4 20876 Corsair Blvd., Suite B 5 Hayward, California 94545 (800) 404-8226 6 2. John Muir Trauma Center 7 1601 Ygnacio Valley Road 8 Walnut Creek, California 94596 9 3. Kaiser Permanente 3400 Delta Fair Blvd. 10 Antioch, California 94509 11 4. Gerald Oranje 12 Oranje Chiropractic & Sports 13 2525 Railroad Avenue Pittsburg, California 94565 14 (925) 432-2225 15 5. Kaiser/Department of Mental Health 16 391. Taylor Blvd. Pleasant Hill, California 94523 17 (925) 688-8910 18 19 Dated: April 19, 2000 BOLD, POLISNER, MADDOW, NELSON&JUDSON 20 21 By: 22 CRAIG L. U S 23 24 25 COLD,POLISNER,MADDOW, NELSON&JUDSON ATTORNEYS AT LAW Kirkland vs.Contra Costa County,et aL SUITE sea CCCSC Number:00401094 500 YtiNAC10 VALLEY ROAD WALNUT CREEK, CA"5568 Page 3 PHONE:925-933.7777 es Statement of Ikmsa FAX:9'25-933-7004 g t� r C7 � r D � r Z M4 7� � N C ds opo � 44 p t7s (A � C r+ Q V3 J) C lw Z to r+ _ H H ct yet }+ rt {D :3 i-'-H.w ft (0 rt0Ea 0 X00 .. cacftcctcct 0) " 1--0 x I- m to P. Fes•lD :3 0 0 C rt • w I,< m a a w w• � w � En 11 !w 61( -2 CLAIM AOR QE SU RYLSORS DE a&TRA MSTb [YlTXM CALiF'CMXIA BOARD.AM MAY 23, 2000 Claim Against the County, or District Governed by ) tine Board of Supervisors, Routing Endorsements, ► NOTICE TO CLAIMANT W Board Action. All Section references are to ) The copy of this docurnent mailed to you is your California Government Codes. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), Oven ��u r pursuant to Governr ent Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $1,000,000.00 APR 2 5 2000 CLAIMANT: GARY LEE WHITTEMORE UiNeWi cauP ATTORNEY: C/0 JAMES L. LQZENSKI DATE RECEIVED: April 24, 2000 1600 Sly.t tuck Ave. , Ste. 204 ADDRESS: Berkeley CA 94709 BY DELIVERY TO CLERK ON: aril 24, 2000 BY MAIL POSTMARKED: Hand-Delivered L FROT& Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BA R, Cler Dated: APRIL 24, 2000 By: Deputy 61 C-01 IL FROM: County Counsel TO: Clerk of the Board of Supervisors (V1 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: `7'� By: putt' County Counsel ICI. FROM Clerk of the Board 7U County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 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: �L4_l 5 PHIL BATCHELOR, Clerk, By 61,,J OIX�, Deputy Clerk WARNING (Gov. code sectio 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 MAU TNG - - - - 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 ' ?-Z By: PHIL BATCHELOR By Deputy Clerk CC: County Counsel County Administrator CLAIM FOR DAMAGES Claim of Gary Lee Whittemore RECEIVED E— APR9, 4 ?000 Against CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Contra Costa County, Contra Costa County Public Works Department, Public Works Director— J. Michael Walford, Michael Dean, Edward R. Carrillo, Fred A. Reyes, Peter Young, William K. Taylor, and Does One through Fifty, inclusive. You are hereby notified that Gary Whittemore presents a claim for $1,000,000.00 (One Million Dollars) in damages against Contra Costa County, Contra Costa County Public Works Department, Public Works Director— J. Michael Walford, Michael Dean, Edward R. Carrillo, Fred A. Reyes, Peter Young, William K. Taylor, and Does One through Fifty, inclusive. Mr. Whittemore does not know the names of the public employees who caused his injuries under Does One through Fifty. CLAIMANTS' ADDRESS: c/o JAMES L. LOZENSKI, Attorney at Law, 1600 Shattuck Avenue, Ste. 204, Berkeley, CA 94709, [510] 486- 0612. DATE OF OCCURRENCE: November 2, 1999 1 PLACE OF OCCURRENCE: Wildcat Canyon Road at San Pablo Ilam Road, El Sobrante, CA CLAIM ARISES FROM THE FOLLOWING CIRCUMSTANCES: That on or about November Z1999, Mr.Whittemore was acting in a quiet peaceable, and law abiding manner, at all times, while taping his elderly mother for a ride through Tilden Park on Wildcat Canyon Road. Mr. Whittemore was stopped by a flagman for less than a minute and was then allowed to proceed. A short distance up the road he encountered three people standing in the middle of the road who did not appear to be workers. As Mr. Whittemore drove by, the group of three were less than six inches from his car and staring into his car in an intimidating manner as he proceeded along at 10 m.p.h. Mr. Whittemore gave them the "finger", and the group of three starting yelling several obscenities, including but not limited to, "fuck you mother fucker" and "cocksucker" at Mr. Whittemore and his mother. Mr. Whittemore drove approximately 75 feet further and stopped his car. He wanted to find out who they were, so he could report them to the proper authorities for their conduct. Mr. Whittemore approached the group and was standing still when one of the group, later identified as Michael Dean (DOB 12-14-54, 512 Hallmark Court, Suisun 2 City, CA), stepped forward and bumped Mr. Whittemore with his body three times. The force knocked Mr. Whittemore 3-4 feet back each time. The third time Dean approached, Mr. Whittemore, fearing for his safety and the safety of his mother, hit Dean and both fell to the ground with the Dean on top of Mr. Whittemore. The altercation was broken up by one of the group. Other persons identified as part of the group are Edward R. Carrillo, Fred A. Reyes, Peter Young, and William K. Taylor. The Contra Costa District Attorney is prosecuting Mr. Whittemore for battery at the request of Dean. (See attached Police Report No. 99- 31670) The County of Contra Costa has a mandatory duty of care to properly and adequately select, train, employ, retain and supervise and discipline employees so as to avoid unreasonable risk of harm to citizens. They failed to tape necessary, appropriate of adequate measures to prevent the violation of claimant's rights by employees. They breached their duty of care to citizens in that they have failed to adequately train employees in the proper methods of dealing with citizens. DESCRIPTION OF NATURE AND EXTENT OF DAMAGES OR INJURIES: 3 Mr.Whittemore was assaulted, battered, and deprived of his freedom. He suffered injuries and damages to his face, wrists, hands, and arms. 1n addition, Mr.Whittemore has experienced shock and injury to his nervous system, anguish, fear, terror, embarrassment, humiliation, pain, suffering, loss of sleep, loss of dignity, security and pride, anxiety and severe emotional distress. POSSIBLE CAUSES OF ACTION: Possible causes of action include but are not limited to false arrest, malicious prosecution, false imprisonment, assault and battery, negligence, negligent infliction of emotional distress, intentional infliction of emotional distress, negligent investigation, negligent supervision, inadequate training, negligent retention, investigation and discipline of personnel and respondeat superior. Civil rights violations will include but are not limited to 42 U.S.C. sections 1981 and 1983, and the Fourth Fifth and Fourteenth Amendment to the United States Constitution, Article 1, Section 19 of the Constitution of the State of California, and California Civil Code sections 51.7 and 52.1. 4 Mr.Whittemore will also seek an award of attorney's fees pursuant to 42 USC section 1988 and any other applicable provision of state or federal law providing for same. Date: April 24, 2000 CI/Um— �;Olmey L. Lozens for Claimant 5 C., 6 C AN Foca Page CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT CA0070000 seat Continuati6n P.O. Box 391, Martinez,California 94553-0039 Supplemental (]a.V. [�HRO Arrest L-]st D 2.City Code 3 me/Clasalfiastlon 4,DOW 12 Ll 5.More 0 L-C3 2. Persona 13 Day IDate/Time of Occurrence 7.t t� Time Reported S.Employee�� 9.Reclaaai- ' L{ t `t frcation J.Address/Location of Occurrence J� ❑ � & Q0 k� kJ 1. est PRI VIC ®WIT ❑MSP p RUN ❑SUS 0 LEAD ®Other 2.Name(L,F,M) 13,Race J Sox J Age 14.00 15.Driver License No. S.Address (Zlp Code) 17.Home Phone 511 tC._ ( ) 4 8.Employed By or School 19.Work Phone C- . (:.- c . % tc- L. >1 C ( '7z ) 3[`3 • �v O.Hair 21.Eyes 22.Ht 23.VVt 24.AKA/Maiden Name 25.Social Security No. S.Further Description(Scare.Tattoos,Mannerisms,Clothing,Eta) 27.Booking or Cite No, 8. 0 PRI 0 VIC QWIT 0 MSP RUN ®SUS M LEAD ❑Other 9.Name(L,F,M) 30.Race/Sox/Age 31.DOS32.artier License No. 3.Address - (Zip Code) 34.Home Phone LOS 5.Employed By or School 36.Work Phone } .7.Hair 38.Eyes 39.Ht 40.WL 41.AKA/Maiden Name 42.Social Security No. :3.Further Description(Scars,Tattoos,Mannerisms,Coifing,Eta) 44.Booking or Cite No. 1& ❑PRI p Vic p Wrr MSP ❑RUN 0sus 0 LEAs... Oother 4 Nam&(L F.M) 47.Race/Sox/Age 48.DOB 49.Driver License No. i0.Address (Zip Code) 51.Home Phone ( ) 4.Employed By or School 53.Work Phone i ) 4.Hair 55.Eyes 58.Ht 57.Wt 158.AKA/Maiden Name 59.Social Security No. 4.Further Description(Scars.Tattoos,Mannerisms,Clothing,Eta) 61.Booking or Cite No. I.Veh/Vers 63.Lic.No.(State) J� 64.Year 65.Make 66.Model 67.Body Style 63•Color Top RlJ.>ti.:". $ ❑vial 3R-Z-e C.ty [ ) -.v-t Bottom I.Status 70.Registered Owner 71.R.O.Address C- 0 ©Left r1`.YY1 iYY�i l lCl} 0 Impound TP.Towed to or Released to 73.Who hes keys? Stored Wim'°` t t' "4.Evid 0 Yes 75.F/P Oyes, 78.Dispo of Evidence 77.S Missing rr 1 A 78 S Damaw No No / '9.Brief Synopsis of Incident I) 3) S = i 1S Lie 4) tJ tS 5) t k_ ' s) ` 96. butlon 81.Additional Routing ®C [PCs ❑DE n L [Jo ®SR n V fes.ation 0 Narcotics 0 Juv 0 Coroner 82.Reporting Deputy(Print) 83.Date J Time Voritten 84.Dispo,Ck. CS 0 Intelf. 0 R.O. p SHC �. 1t't�• 99 O T`'t6❑Patrol aptainompl.Ofc. ❑Marine Patrol ❑OV Unit proving S ( 6f3 87, Page er J rte. 1 of '�DIIA A fD�„ rX)1) :ontinua8dn CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT CA0070000 Belt >upp)ernental P.O. Box 391,Martinez,California 94553-0039 O D.v O HRO O Arrest L7 SI x } 7R rib. 2.City Code 13.CtfinelClassifioallort � d.Detail 1. a, J.Reefassf- 4 7 L�..7� ?AY ZO i j 2. ffcayon Acbm Name(L F.M) 7 7.Date Offg Recon S.Employee No. 0 s 4ddrass!Location of Occurrence t0.Sus Name(L,F.M)t�Y � l M Property Description: Impounded.Recovered,Found,Lost Stolen-Item Number,Article,Duane ty,Brand/Make/Manufacturer's Model Number,Serial Number,Misceftanaous Description,Location Where Taken,Value,Include Total Loss-UST IN FOLLOWING ORDER:A)Currency,Notes:B)Jewslry,C)Clotting,Furs;D)Vehicles;E)Office Equipment•,F)Radio,TVs,etc.; G)Firearms;H)Household Goods;q Mise. Recovered Property$ 13.Narrative!Statements u-Y LEM 1\3 L t )c. SH l ZQk r 'fVl " C t: + ) 6- 'yly�{, �) �'- v 3) S L 2E. T _ I/ ;) 3) L 1> 7) Distribution 15.Additional Routing OB OC ODA ODE OL OD OSR OV O Investigation O Vice i❑Narcotics O Juv O Coroner f O Property Ck. O ACS O Intell. O R.O. O SHC 1d Reporting Deputy(Print) 17.Date 1 Time Written 18.Dispo. � I O Patrol Captain O Compl.Ofc. O Marine Patrol O DV Unit I 't r� O Other 19.Approvi (Print) 21.Data 22.Page ?- of �M 8 (Rev 5197) R: • w, ♦♦ • a a 1• . was �A � , �,/ � .�• • !r c •.! ! a Mom a ,.. . la, s.� .♦ - *a law.: �.L.� VAT., .•wll ► 1 ♦ w1 �lt 1 L i� w_at '► 4.L_ Cid t al I i� `` �' ►. I{i.. �� {� S �� Iii j ! - �a CONTRA Ck A COUNTY SHERfFF'S DEPARTMENT C 70000 RIME Ai�1AE1'S18 SUPPLEMENT P.O. Box 391,Martinez,California 94553-0039 INCIDENT PAGE D�RsNcq�. ^� 2 CrimelCla�lMcatrcn 3.D7"il Dods i d. Felony ❑Misd ❑Arrest ❑Cite Victim NertMr{i F} _ &Address/Locallon of Occurrence 7.Employee No. "'�... I--- 7 t A.2 tu�um— C.AWj.QW 0 n uQca-N) I Gang Activity 0 Yes ❑No OP ❑ Other Prints LEGHO ❑ Lag Holster TRK 0 Trucking Company PS ❑ Paint Samples PISWP ❑ Piatoi Whipped TVS ❑ TV/Stereo Soles/Repair Name of Gang PH ❑ Photos PURSE ❑ Purse WKS ❑ Warahouse MEANS OF ATTACKRK 0 RIGHH i 0 eCB /Casing ❑ Rear Pocket OTH ❑ Omer ❑ Right Hand B ❑ Brittle ST (] Semen PSACK ❑ Sack/Bag 21.SUSPECT'S ACTIONS C ❑ Club/Stick SP ❑ Shoe Prints SHOTS ❑ Shots Fired APPFF St Approach from Front F ❑ Firearm SK ❑ sketches SHL.HO ❑ shoulder Holster APPFR ❑ Approach from Rear G ❑ Handgun TT ❑ Tire Castings WAIST ❑ Waistband ATEDR [ Ate/Drank K ❑ Knife "ifs`❑ Toot Marks BLIND ❑ Blindfolded Victim N ❑ Martial Arts Weapon VH ❑ Vehicle 18 CIRCUMSTANCES BOf3AG ❑ Bound/Gagged P Physical(Hands) WP ❑ Weapon R ❑ Racisi/Religious/Ethnic COVVF ❑ Covered Victim's Face R ❑ Rifle/shotgun 79.ALARM DEFEC [? Defecated S ❑ Threats t 13. HOD OIr ENTRY N ❑ None DEMON ❑ Demanded Money T Threats A Attempt A Activated DIsAL ❑ Disabled Alarm V Vehicle D Botltty Farce P ❑ ypesw DITPH ❑ Disabled Phone g O ❑ Other G Son It D ❑ Disabled DISPO ❑ Disabled Power t E ❑ mors Ceiling/Watt DISRO ❑ Disrobed Victim PROPERTY ATTACKED L ❑ 20.WHERE OCCURRED FIRED ❑ Fired Weapon ARG ❑ Agriculture C ❑ H 'n Building APO ❑ Apartment/Condo FOLVM Folbwed Victim ANT ❑ Antiques O ❑ x APT ❑ Auto/Tire Stores FVMTM Forced Victim to Move ART ❑ Art/Paintings B ❑ NSFE SNK ❑ Bank/Sevings d Loan FDISR C3 Fully Disrobed(suspect) AUT ❑ Auto Parts F ❑ Pry BAR ❑ Bar/Lounge/Tavern HBO BYC ❑ Bicycles i ❑ Slim Jim Coat Hanger CAB ❑ Had Been Dunking ❑ Cab/Taxi HITCH ["i Hitchhiking BATT ❑ Building Materials K ❑ Unlocked eak/Punch CWA ❑ Car Wash IMPOT ❑ impersonated Other CAM ❑ Cameras/Mat jectors CHU ❑ Church INJIN a Inflicted Injury CLN ❑ Cleaners JUMPC ❑ Jumped Counter CLO ❑ Clothing 14.PRINT OF ENTRY CLO ❑ Clothing Store KLOCA ❑ Knew Location of Cash CAC ❑ Credit/ATM Cards Wina EMry COC ❑ Construction Company LCRET ❑ Lilted Cash Register Tray NRC ❑ Drugs CUR C] Currency ❑ Crank COS ❑ Construction Site MADPR ❑ Made Purchase NA ❑ Drugs VJP❑ Louvered ' CON ❑ Convenience Stara MTHRT is Us"Threats FRN ❑ FuFirrniture ❑ Nonmovable DPT ❑ Department Store MASTU ❑ Masturbated ❑ Sliding MOD ❑ Doctor/Oantlet Office MOLES ❑ Molested victim APP ❑ Household Appliances RC] f DRG ❑ Drug Store MULTI ❑ Multiple Suspects IND ❑ Industrial Equipment uble Swing DWY 0 Driveway OCCUP ❑ Occupied Building JEW ❑ Jews" ofans"(overhead) 2P UO ❑ Liquor OFtglte Swing ❑ DuptezlFourpfex OFVfD ❑ Offered victim FoodlDrink UV 0 Livestock ngleliding GAS ❑ Fast Food OFVRA ❑ Offered Victim Ride � MED ❑ Medical Equipment sr GAS © Garage Detached OFVS ❑ Offered victim Sex MIS ❑ Miscellaneous ❑ Gate station ORALC ❑ Oral Copulation im MOT ❑ Miscellaneous ntfsikegl ern GVT ❑ Government Facility POLSR ❑ Partially Disrobed(suspect) , MUT Musical Instruments ❑ Grocery-Small store PKLOT ❑ Parking Lot ❑ r MKT [❑ Grocery-Supermarket PRPEX ❑ Prepared Exit OFE ❑ Office Equipment ltd Laval HWY M Highway/Strepi/Road PPPAG ❑ Put Property in Sag PUR ❑ Pursea/wallets smiaes HOS Hospital RANS ❑ Ransacked RAD ❑ Radia/stereo ef HTO ❑ Hotel/Motel Office RIPCL ❑ Ripped Clothing COL ❑ Rare Coins OR ❑ Upper Level HTR ❑ Hotal/Motaf Room SELEC sLV ❑ sere OM ❑ selective in Loot Wag JEW ❑ Jewelry store SMOKE ❑ Smoked on Premises TPD ❑ ung Goods OO ❑ Unknown LAU ❑ Laut4dromat SARM ❑ suspect Armed TEL ❑ TeWAwon/VCRs UO ❑ Liquor Store THRET ❑ Threatened Retaliation TOB ❑ Tobacco Products1S. Y LOCATION MAL [3Mall TCONC ❑ Took Conceslabtes t TOL ❑ Tools F Front MFG ❑ Manufacturing Firm TDRUG ❑ Took Drugs/Narcobcs VEH ❑ Vehicles(except motorcycles) RRear MAR ❑ Marina/Dock/WaterfrontTSTTV ® Took TV/Stereo Only 1 PHYSICAL EVIDENCES Sire MOV ❑ Movie/Playhouse TVMCL ❑ Took Victim's Clothes E] ActitilwarrItt O ❑ SKS ❑ Office Supply/Book/stationery UID ❑ Under influence Drugs OIL ❑ ON Company UNOCC ❑ Unoccupied Building 3 ❑ ABwod lcohol ""�NUMIIIER SUSPECTS PPK ❑ Park/Ptayground ODORS ❑ Unusual Odors { CL tin LOT ❑ Parking Lot UDEMN ❑ Used Demand Note g 17.H PON WAS USED RAL ❑ Railroad ULOOR ❑ uaad Lookout DR ❑ nMr+a C Coat Pocket RAP ❑ Rapid Transit/SART MATCH ❑ Used Matches ❑ ' COVER Covered RES ❑ Residential House USVEH FP ( Fl nts PRO ❑ Used Stolen Vehicle GL ❑ F F ❑ ont Pocket RST ❑ Restaurant UVNAM ❑ Used vietfm's Name HA ❑ Hair Fragments PAN 0 ❑ H kt Pootref SAL ❑ Salvage/Wrecking Yard LArm ❑ Used Victim's Tools H. ❑ kip star SCH ❑ School VANDL ❑ Vandalized Ms ® MudJ I LEFTH ❑ Leff r4 SPT ❑ Sporting Goods Store VEHND ❑ Vehicle Needed 22 Distribution ❑B ❑CODA ODE ❑L ❑O ❑SR ❑V 23.Additional Routing ❑inveetigint m ❑Vice ❑Nsrcotics ❑Juv ❑Coroner 24.ReportingDeputy(Prinq 2S.Date!Time Written 26.Disposition ❑Property r Ck ❑Intett. ❑R.O. ❑sHC ❑Panof Captain ❑Compl.Ofc. ❑Martne Patroi 'Y 1 Other 27.Approv (Pring 28 No. 29.Date— 30, Lot o ORM C (Rev.2/89) ❑Continuation CONTRA C,-to COUNTY SHERIFF'S DEPARTMENT -AO070000 Beat 3 ®Supplemental P.O. Box 391, Martinez,CA 94553-0439 E]HRO ❑Arrest ❑S.I 1.DR No, 2.City Code 3.Crime 1 Classification 4.Detail 1. P 243 5.Reclassi- 99-31670 BAY/20 BATTERY 2. fication 6.Victim Name(L,F,M) T Date Orig.Report B.Employee No. DEAN, Michael 11/03/99 39099 9.Address f Location of Occurrence 10.Suspect's Name(L,F,M) Wildcat Canyon Rd. S. P. Dam Rd., EI Sobrante WHITEMORE, Gary Lee 11_Property Description: Impounded,Recovered,Found,Lost,Stolen-Item Number,Article,Quantity,Brand(Make/Manufacturar's Model Number,Serial Number,Miscellaneous Description,Location Where Taken..Value, Include Total Loss-LIST IN FOLLOWING ORDER:A)Curren Notes B Jewelry;C Clothing,Furs;D Vehicles E Office Equipment;F Radio,TVs,etc. G Firearms H Household Goods,I Misc 12.Recovered Property S 13.Narrative/Statements On 11/23/99, 1 received and reviewed the above report. I ran S-Whitemore through S/O records and found no contacts. I ran S-Whitemore for criminal history (RAP) and found none. At 1330 hrs., I spoke with D.D.A. Phyllis Pranks and discussed the merits of the case and she requested I file this through misdemeanor complaints. SUPPLEMENTAL SUBMITTED : Submitted to the D.A. for review 1 complaint. 14.Distribution C3B F-1C C]DA `]DE [3L ❑O C3SR [3V 16.Additional Rout ng []Investigation 0 vice ❑Narcotics ❑Juvenile C]Coroner 16.Reporting Deputy(Print) 17.Date/Time Written 1e.Dispo C]Property Clerk ElACS C3Intelligence ❑R.O. (]SHC Det. L. Thackara 11123/99 at 1335 Hrs. SS []Patrol Captain ®Complaint Office ❑Marine Patrol 19.Approving Supv. (Print) 20.Supv.No. 21.Date 22.Page ©Other FORM B (REV.1189) of 1 , - � []Continuation CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT CA0070000 Beat r P.O. Box 391,Martinez,California 94553-0039 [10.V. Cp HRO C Arrest C ®Supplemental 1.tai No. J 2.City Code 3.Crime/ClaasHfcation d.Detall 1 5.Reclassi- 6 } 2. fication i 6.Victim Nam*{4 F.M} 7.Date Odg.t 9.Employee No. l _ r1. 9 S ! 9.Address!t acatfon of Occurrence 10.Suspect's Name(L.F.M) } t t 11.Property Description: Impour+ded,Recovered Found,Last.Stolen-hem Number,Article,Quantity,Brand/Make/Manufacturer's Model Number,Sertal Number,Miscellaneous Description,Location Where Taken,Value.Include Total Loss-UST IN FOLLOWING ORDER:A)Currency,Notes:B)Jewelry;C)Clothing,Furs;D)Vehicles:E)Office Equipment;F)Radio,TVs etc.: G)Firearms;M Household Goods;q Misc. i 12.Recovered Property$ 13.Narrative/Statements -14 t} (1) ISS, 0 ERYCIS SyAA (2) tD-70 (3) -f 14) (7) ta) (g) (10) {11) (12) (13) (14) {18) (17) (19} (2d) (21) (22) (23) (24) (25) ibution 15.Additional Routing r CC Mn-- MOE CL CO CSR CV stigationVI a C Narcotics C Juv FI Coroner oparty C 0Intetl. C R.O. C SHC 18.Reporting Deputy(Print) 17.Date!Time Written 18.Dispo. Cap n mpi,Otc. C Marine Patrol C DV Unit ( C 1( o- �Lt?o Acre 1f C Other 19.Approving Supv.(Pri 21.Data 22.Page of Contra Public Works Department Admc Wedw Diwwr , 255 4Uder Drive C°do Costa- Wrtiam CA 94ss3-4W County Uepbmw 02S)313-20M Deputy-bomed`g r Fix. (925)313-7333 1 Gerdy umn Domer-hstjan ql� ' r.tdda LMcNamft Dqfty-opemfiom FAX TRANSMITTAL MoAdw W-SWU �h-'trirtportatl'vn DATE: . TIME: BY: TO: i`C e.r Irl Gr FIRM: RE: FAX NUMBER. i4 FROM: I>g 0-.k',,W- 'TC4 m TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: MESSAGE: Follow-1,69 r7 �v �.i c� ,s a 1�,,, Lod ) r h:... t »"+ �� GCS e.L 4L 1 t�t 2Ge j 1 .//' Me �dt tf you have any problems with this transmittal, please contact: J&c6A- at (925) 313--a3 6 E3 Original will follow by US Mail YkOriginal will not follow Y^ 67 vf ,,+ ` ► :► .�. ,., t •� • y� I . . Ka _a• ,. i. Lt C) �o � t F` �-`i..._ .... .o.....-.�. _ ... i �� ++1+' __!M �i7�V+W�} �/✓ � -�'L� � Ott w. le� �p,�s•s,.�•e d' +�,.. d¢. tsJCr).�,e.yr iw.t 44 A Ad IAJ cl VAI a To r } - _ �r _ tv v w, �x't r -` - t✓a J)�- Gam,. _ %o G '' . � " �� •'7'1,,x,, r a�-,� K ,Yt.o to c� tP WC ;� �► "1 : /Tr ,tt rte, " `Ti+e -561 } : Ynv 1,9,J X4,1 JA �` 4`�7 Y1 ,fir a � od Aj .M.(✓J.`_T_r• >N 0`r�c°C�- h y =+'Fj� , 'y^a: 1✓�. ........��• �V 1. �� �� yo 41 W��-4- W- 'v l APPLICATION TO FILE LATE CLAIM MAY 23, 2000 BOARD OF SUPERVISORS OF CONTRA COSTA CALIFORNIA. BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this To—cumenE mailea to you is Your Endorsements, and Hoard Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the MWARNING" below. Claimant: KENNEDY/JENKS CONSULTANTS, INC. Attorney: The Construction Law Group Address: 620 Folsom St. , Second Floor San Francisco CA 94107 - Attn: Derek J. Stafford, Esq. Amount: Jurisdiction of Superior By delivery to Clerk on April 26, 2000 Court Date Received: April 26, 2000 By mail, postmarked on _ Aril 25, 2000 I. : Clerk o he Board of Supervisors Ms County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: April 26, 2000 Pte, BATCHELOR, Clerk, By Deputy I. : County Counsel : Clerk of the d of Supervisors ( ) eBoard should grant this Application to File Late Claim (Section 911.6). ( The Board should deny this Application to File Late Claim (Section 911.6). DATED: 2, 7" _ VICTOR WESTMAN, County Counsel, Bya Deputy ITI. 5M ORDER By Miamous vo e o Supervisors presen (Check one only) ( ) This Application is granted (Section .911.6). (` This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE:/ha PHIL BATCHELOR, Clerk, By �- Deputy WARNING (Gov. Code 1911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the ocurt within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in oonnection with this matter. if M want to consult an at should do so Immediately* T : Clerk : County County s ra or Attached are copies of the above Application. We notifed the applicant of the Hoard's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29T03. c� DATED:_ �t� PHIL BATCHELDR, Clerk, By Deputy -7 -*_ _ -V. FROM: 1 uflty tinsel 2 County A nis rotor TO: Clerk o -t-He- Boar of Supervisors Received copies of this Application and Board order. DATE: County Counsel, By County Administrator, _-- APPLICATION TO FILE LATE CLAIM APPLICATION TO FILE LATE CLAIM (Government Code Section 911.4) 4 To: Clerk of the Berard of Supervisors Contra Costa County APR 2 6 2000 651 Pine Street, 1 st floor Martinez, CA 94553 :w : ;z Name and Address of Claimant: Kennedy/Jenks Consultants, Inc. 622 Folsom Street San Francisco, CA 94107 Name and Address of Attorney for Claimant: The Construction Law Group 620 Folsom Street, Second Floor San.Francisco, CA 94107 Attention: Derek J. Stafford, Esq. BACKGROUND On April 13, 2000, the Board of Supervisors ("Board") received claimants Claim dated April 11, 2000 ("Claim"). By correspondence dated April 17, 2000, the Board returned the claim pursuant to Government Code Sections 901, 911.2 and 911.3. A copy of the Board's correspondence dated April 17, 2000, and the original Claim(including Exhibit A,plaintiffs' complaint, and Exhibit B, Richmond's cross-complaint)are attached hereto as Exhibits C and D, respectively. The complaint of the 43 plaintiffs' includes causes of action for negligence, nuisance, diversion of surface waters,trespass, and inverse condemnation. Plaintiffs allege injury and damage to real property resulting from the flooding of the plaintiffs' neighborhood in 1995, 1997, and 1998: K/J GOVT CLAIM.5044 "rendering the properties unfit for normal,usual and safe residential use, and said conditions have deprived and continue to deprive plaintiffs of the complete use, benefit, enjoyment and conform [sic] thereof, all to Plaintiffs' damage in sums presently estimated to be in excess of the minimum jurisdiction requirements of this court; together with such other and further damages which Plaintiffs have suffered, and will continue to suffer, including but not limited to, damage, loss and destruction of Plaintiffs' real property; diminution in value of Plaintiffs' real property as the result of said flooding and of the continued threat of flooding in the future." See, e.g., Plaintiffs' Fourth Amended Complaint("Complaint") attached to the Claim as Exhibit A and included within Exhibit D hereto, page 4, paragraph 13. Furthermore, plaintiffs' claim that the injury and damage each sustained resulted from an alleged dangerous and defective condition of public property. See, e.g., Complaint, page 3,paragraph 10; pages 7-8,paragraph 30. The Claim relates to plaintiffs' claims for injury and damage to plaintiffs' real proper and/or injury and damages flowing from the alleged dangerous condition of public rope A cause of action for indemnity from a governmental entity accrues when the claimant is "served with the complaint giving rise to the defendant's claim for equitable indemnity or partial equitable indemnity against the governmental entity." Government Code Section 901. A claim related to a cause of action for injury or damage to real property and/or a dangerous and defective condition of public property, as here, must be presented within one year of the accrual of the cause of action. Government Code Section 911.2; Smith v. County of Los Angeles (1989) 214 Cal. App. 3d 266 ["A claim alleging nuisance and dangerous condition of public property, therefore, must be filed within one year after accrual of the cause of action." (p. K/J GOVT CLAIM.5044 2 281) "County's contention that homeowners' claim alleging emotional distress had to be presented within 100 days is incorrect. The emotional distress claim alleged damages which arose from the existence of a nuisance, and thus they related to a cause of action for injury to [real] property." (p. 281, fn. 5.)]; Wheeler v. San Bernardino County (1978) 76 Cal. App. 3d 841; Amador'Vallev Investors v. City of Livermore (1974) 43 Cal. App. 3d 483. Richmond served Claimant with Richmond's cross-complaint on September 22, 1999. The Claim was presented on April 13, 2000. Accordingly,the Claim was appropriately presented well within the one year statutory period. Furthermore, Plaintiffs' complaint contains a cause of action for inverse condemnation(fifth cause of action) and no governmental claim is required to pursue such a claim. Government Code Section 905.1; Wedding v. People by and through the Dept. of Transportation(1979) 88 Cal. App. 3d 719. It follows that no claim is required to be filed on a claim, as here, related to a cause of action for inverse condemnation. Claimant believes the Claim was timely filed and that the Claim should have been considered by the Board. The original Claim is attached hereto as Exhibit D. In an abundance of caution and to avoid any suggestion of waiver, Claimant respectfully requests leave to file a late claim with respect to any portion of the Claim that relates to any of plaintiffs' underlying claims for which a governmental claim must be filed within 6 months, if any. At a minimum,the Claim relates to (1)plaintiffs' claims of injury and damage to real property, (2)plaintiffs' claims of injury and damage resulting from the dangerous condition of public property, (3) other injuries and damages resulting from the dangerous and defective K/J GOVT CLAIM.5044 3 s condition of public property and(4)plaintiffs' inverse condemnation claim. As set forth above, a governmental claim need not be filed for a claim related to an inverse condemnation claim. Furthermore, a claim for indemnity from a governmental entity which relates to a claim for injury and damage to real property and/or injury or damage resulting from a dangerous and defective condition of public land must be presented within one year of service of the complaint giving rise to the indemnity claim. Claimant's Claim was filed well within the statutory period. In the event that any portion of the Claim was required to be filed within 6 months of service of Richmond's cross-complaint on Claimant, Claimant's failure to file within this statutory period was due to mistake, inadvertence, surprise, excusable neglect and/or other circumstances justifying the filing of a tardy claim. Among the allegations of Plaintiffs' complaint is the allegation that some or all of the plaintiffs' sustained injury or damage to personal property. These allegations are tied to plaintiffs' allegations of dangerous condition of public property and/or injury or damage to plaintiffs' real property. Accordingly, Claimant reasonably believes and still believes that the period in which to file a governmental claim is one year from the date of service of Richmond's cross-complaint. However, in an abundance of caution and to avoid an unintended waiver, in the event that any of plaintiffs' claims have a six month claim filing deadline, Claimant respectfully requests leave to file a tardy claim. Claimant was served with Richmond's cross-complaint on September 22, 1999. Claimant submitted its claim on April 14, 2000. If claimant's claim was at all tardy it was tardy by, at most, a total of 23 days. This brief delay in filing the Claim could not have prejudiced X17 GOVT CLAIM.5044 4 Contra Costa County's defense of the Claim. Claimant's submission of the Claim on April 13, 2000, was based on, among other things, the fact that plaintiffs' claims are predicated on injury to real property and/or the alleged dangerous condition of public property. Accordingly, claimant had and still has a reasonable belief that the filing deadline is one year from the date of service of Richmond's cross-complaint. Claimant has promptly sought leave to file a tardy claim in the event that any of plaintiffs' claims are subject to the six month claim filing deadline. Contra Costa County has not been prejudiced in its defense by the, at most, 23 day delay in filing this Claim. Claimant respectfully requests that the Board grant Claimant leave to file a tardy claim for any claim for which there is a six month filing deadline. Furthermore, shortly after Richmond served Claimant with its cross-complaint, counsel for Richmond informed counsel for Claimant that Richmond's investigation had revealed that many of the plaintiffs were not or could not assert claims against Richmond for injury or damage to personal property in the action for a variety of reasons, including but not limited to,that they had not sustained injury or damage to personal property, that they had not filed a governmental claim against Richmond for injury or damage to personal property and/or that Richmond had acted on and resolved claims for personal property damage. Accordingly, Claimant does not know whether any individual plaintiff asserts or has a viable claim for injury or damage to personal property. Additionally, shortly after Claimant appeared in this action and before Claimant could conduct discovery into these claims, the Court issued an order staying discovery which prevented Claimant from obtaining discovery from plaintiffs, including any discovery from plaintiffs regarding the nature of their claims. So, Claimant does not presently K/J GOVT CLAIM.5044 55 know whether any individual plaintiff is asserting or has a viable claim for injury or damage to personal property. However, in an abundance of caution and to avoid an unintended waiver, Claimant submitted its claim for a defense and indemnity from all of the claims asserted against Claimant. For all the foregoing reasons, including that plaintiffs' complaint includes claims for injury and damage to real property, that plaintiffs claim injury and damage resulting from a dangerous and defective condition of public property,that plaintiffs' claims include inverse condemnation allegations and that plaintiffs' claim other injuries and damages related to the dangerous and defective condition of public land, Claimant respectfully requests that, if any of plaintiffs' claims have a six month filing deadline,the Board grant Claimant leave to file a governmental claim for any of the underlying claims for which a governmental claim must be filed within 6 months of the accrual of the claim. Claimants' proposed claim is attached hereto as Exhibit D. Thank you for your prompt consideration of this application. DATE: April 2000 THE CO TATIAW GROUP $ er tafford, Esq. K1J GOVT CLATM.5044 6 ti 4w The So6r+d of Supervisors Conn�-=���L� ���a �;�� e �$rk Batchelor trrt and County Administration wilding County Administrator 651 Pine Street, Room 106 (925)335-1900 Martinez, California 94553-1293 County John Gioia,1st District Gayle Ullkema,2nd District Donna Gerber,3rd District Mark DeSaulnier,4th District ., Jae Canclamilia,5th District TO: The Construction Law Group 620 Folsom Street, 2"d Floor San Francisco, CA 94107 Attn: Derek J. Stafford, Esq. NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911.3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa on April 13, 2000, has been reviewed by County Counsel and is being returned to you herewith because: Your claim for an injury to person or personal property which arose on or before December 31, 1987 was not presented within 100 days after the event or occurrence as required by law. (See Government Code sections 901 and 911.2) X_ Your claim for an injury to person or personal property which arose on or after January 1, 1988 was not presented within six months of the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code sections 911.4 to 912.2 and 946.6) Under some circumstances leave to present a late claim will be granted. (See Government Code section 911.6) I:\TORT\RISK-MGT\CLAIMS\LATE\kennedy,wpd You may seek the advice of an attorney of your choice in connection with this matter. if you desire to consult an attorney, you should do so immediately. Date: t 00 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator UU &&r puty Clerk Enclosure 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 copy of the above NOTICE TO CLAIMANT (OF LATE-FILED CLAIM), addressed to the claimant as shown above. Date: ,✓ .moo - - - - ' Deputy Cl* (:\TORT\RISE£-MGT\CLAIMS\DATE\kennedy.wpd THE CONSTRUCTION LAW GR0UP A TTORNE YS A T LA W Lr,n.hQTR 620 Folsom Street, 2nd FloorIG00 San Francisco, California 94107 Telephone: 415.537.3900 ARD c'SUPERViSORS Fax: 415.537.3901A Ci�STAO April 12, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Board of Supervisors Contra Costa County 651 Pine Street, 1st Floor Martinez, CA 94553 Attention: Clerk Re: Camello et al. v. City of Richmond Contra Costa Superior Court Action No. C97-05272 Our Client: Kennedy/Jenks Consultants, Inc. Our File No.: 110/902 Dear Sir or Madam: Enclosed please find Kennedy/Jenks' Governmental Claim. Please be informed that the trial of this action is scheduled for June 5, 2000 and, so, your immediate attention to this claim would be appreciated. Very truly yours, T ON UCTION LAW GROUP e k. . ford Enclosures ::ODMAIGRPW19E1TCLG DOM.TCLG Po.Library1:i018.1 CLAIM AGAINST GOVERNMENTAL ENTITY (County of Contra Costa) Claim for Defense and Indemnity from Damage Claims To: Clerk of the Board of Supervisors Contra Costa County 651 Pine Street, 1 st floor Martinez, CA 94553 Name and Address of Claimant: Kennedy/Jenks Consultants, Inc. 622 Folsom Street San Francisco, CA 94107 Name and Address of Attorney for Claimant: The Construction Law Group 620 Folsom Street, Second Floor San Francisco, CA 94107 Attention: Derek J. Stafford, Esq. OCCURRENCE: In January 1995, January 1997, and February 1998, a neighborhood in Richmond, California, known as the Southwest Annex, experienced flooding. Some 40 residents of this neighborhood have brought suit against the City of Richmond, seeking damages allegedly caused by the flooding under several theories of liability. This action, styled Anita Camell, et al. v. City of Richmond and DOES 1 through 10, inclusive, was filed in the Superior Court for the County of Contra Costa as Action No. C97-05272 ("Camell Action"). A copy of plaintiffs' Fourth Amended Complaint for Damages is attached hereto as Exhibit A and incorporated herein by this reference. K/J GOVT CLAIM.5015 £ C., .fir F The City of Richmond filed a cross-complaint in the Camell Action against Claimant. A copy of this cross-complaint is attached hereto as Exhibit B and incorporated herein by this reference. Claimant is informed that the County of Contra Costa is responsible for causing or contributing to the flooding and damages allegedly incurred by plaintiffs. Therefore, Claimant hereby tenders Claimant's defense of the City of Richmond's cross-complaint to the County of Contra Costa and demands that the County of Contra Costa immediately assume Claimant's defense and indemnify Claimant from the City of Richmond's claims. The trial date of the above-referenced action is scheduled for June 5, 2000. GENERAL DESCRIPTION OF DAMAGES: Defense and indemnity from the City of Richmond's cross-complaint exceeding $10,000. Plaintiffs' claims for damages exceed$1,000,000. NAMES OF PUBLIC EMPLOYEES. Unknown at present. AMOUNT OF CLAIM: Claimant's claim exceeds $10,000 and jurisdiction of suit on this claim would rest in the Superior Court. DATE: Aprilfl ' 2000 THE CONSTRUCTION LAW GROUP sy 4e-rafford, E q. K/J GOVT CLAIM.5015 2 I .TAMES G.M ELLEN-BAR No. 122035 OCT 5 mg Attorney at Lave 2 Wd#op Office Park 3260 Drive.,Suite 410 $Y: /A •'" ' 3 Richmond CA 948% Telephone: (510)262-2130 s, 4 FAX: (510) 758-4921 tz 5 Attorney for Plaintiffs 6 SUPERIOR COURT IN THE STATE OF CALIFORNIA 7 FOR THE COUNTY OF CONTRA COSTA 8 PRINCE ADAMS; ANITA CAMELL; Case No. C97-0272 JAMES BROODS; CHRISTINE CALDWELL; 9 LARRY COOK.;JOHN EI;3RLICH; MICHAEL PLADffWS9FOURTHAM ND ED EICHENHOLTZ; ELIZABETH GILL; I I COWLAINT FOR DAMAGES 10 SHARON HENDERSON; CHARLES FILL; FLOVIEL W. HOLLINS;JACKIE JOHNSON; 11 MERLIN R. JOHNSON; JIMMY K.IHARA; ZENAIDA LEWIS; LILLIE LIDY, A OLPHU'S 12 LTTTLES; STERLING MALBR.OUGI; BR.ET MARTIN; GEORGE .McDONALD; LAWRENCE 13 B. MILLER; RONALD NIELSEN; AZ.,.ZIE P S- THRESSER A. PENNINGTON; HANK PFEFFER, 14 STEPHEN L. PIERCE; DWIGHT POTTS KATYA.V. ROCHELL, RAVI D. SHARMA; 15 SAENG SIVANTHONG, RANDY SPEARS, HOWARD SPENCER, MICHAEL SFEXAR.TH, 16 DEIRDRE STEIN.METZ, BE BA TRAN, CARL C. VALEBOE; ANIDREI WALLACE; 17 GLORIA WATERS; TERRELLL WILSON, JOHN WINSLOW; VICTORIA FORD. _- 18 JAMES CARTER, and ADA HARRIS, 19 y 9 Plainttfs, 20 CITY OF RICHMOND, and DOES 1 21 THROUGH 10, INCLUSIVE 22 Defendants. 23 Plaintiff's allege: 24 1. The City of Richmond is a public entity organized and existing under the laws of the. 25 State of California. 26 27 CAME LL-Fourth Amended Complaint 1 1 2. Plaintiff's are ignorant of the true names and capacities of Defendants sued herein 2 as DOES 1 through 10 INCLUSIVE, and therefore sue these Defendants by such fictitious names. 3 Plsin *W amend this complaint to allege their true names and capacities when ascertained. 4 Plaintiffs are informed and believe and thereon allege that each of said fictitiously named 5 Defendants is in some manner responsible for the injury and damage to Plaintiffs alleged'herein. 6 3. Plaintiffs are informed and believe and thereon allege that at all times mentioned 7 Defendants DOES 1 through 5 inclusive were agents, servants, and employees of their co- te def tants and in doing the things hereafter mentioned were acting within the cause and scope of 9 them authority as such agents, servants, and employees with the permission and consent of their 10 co-defendants. 11 4) Can January 7-8, 1995, January 1, 1997 and February 3, 1998, and at all times herein 12 mentioned, Plaintiffs were the owners and/or occupiers of real property located in the 13 neighborhood of the City of Richmond in a section known as the Southwest.Annex.. 14 : 5) At various times prior to February 3, 1998, January 1, 1997 and January 7-8, 1995, 15 Defendants designed, constructed,operated and managed certain water drainage and flood control 16 systems in the Southwest Annex and in other higher areas of the City. 17 6) As a direct and necessary result of the plan, design, maintenance, and operation of 18 the water.dmmage and flood control systems,Plain' property was flooded on January 1, 1997, 19 January 7-8, 1995, and February 3, 1998 Plaintiffs are informed and believe and thereupon allege 20 that, due to the plan, design, maintenance and operation of the water drainage and flood control 21 system Plaintiffs' property will continue to be flooded at various times. 22 7) The above-described damage to Plaintiffs' property was proximately caused by 23 dants' actions and omissions in that flood waters were diverted to Plaintiff's' nei ood 24 and no adequate provision was made to divert or otherwise evacuate such waters in that 25 Defendants' plan, design, maintenance and operation of the water drainage and flood control 26 systems was fiu1ty. 27 CAMELL-Fourth Amended Complaint 2 1 11 2 3 ti.., _ FIRST CAUSE OF ACTION Negligence) 4 8) Plaintiffs reallege and incorporate by reference as if set forth in full each and every 5 allegation of paragraphs 1 through 7 above. 6 9) Prior to the filing of this action and within the time and in the form and manner 7 8 prescribed by law, Plaintiffs duly filed-claims for damages with said Defendants, which claims 9 have been denied and rejected expressly or by operation of law. 10) At all times mentioned herein, and prior to January 1, 1997 and January 7-8, 1995, 10 grad February 3, 1998, said Defen and each of them, so negligently, carelessly, unreasonably, 11 12 and recklessly failed to exercise due and reasonable care in the management and control of said 13 storm drainage systems, and more particularly,negligently and carelessly owned, planned, funded, engineered, designed, supervised, operated, constructed, developed, inspected, licensed, 14 15 maintained, contracted, sub-contracted, controlled, arranged, approved and adopted said systems 16 and their flood control impro projects, public parks, sewer and a systems, thereby failing to design and construct an adequate and non-defective flood improvement and drainage 17 18 system.which would effectively control, divert, protect against, drain, and prevent flooding onto 19 ffs the property of Plaintiand.to control and correct flood and surface water flows on said property zo and adjacent property, so as to create and maintain.a dangerous and defective condition of public property, and a substantial risk of the type of injury hereinafter alleged when said adjacent 21 22 property was used with due care in a manner that it was reasonably foreseeable that it would be used. 23 24 11) At all times mentioned herein, Defendants, and each of them, further acted, or failed 25 to so act, negligently in operatin& maintaining, and constructing the aforesaid flood control 26projects, public works, and drainage systems. 27 CAMELL-Fourth Amended Complaint 3 1 12) Defendants, and each of them, knew or should have known of the aforesaid 2 dangerous and defective conditions existing on or about January 1, 1997, January 7-8, 1995 and 3 Februaryk_1998 and for a sufficient period of time prior thereto, and failed to remedy, to provide 4 adequate safes against, and/or to warn of such conditions, having had a reasonable 5 opportunity to do so. 6 13) As a direct and proximate result of the negligence, carelessness, and recklessness of 7 Defendants, and each of them, as aforesaid, and as a direct and proximate result of the defective 8 and dangerous conditions of public property as aforesaid, Pl ` ' property was flooded on or 9 about January 1, 1997 and January 7-8, 1.995 and February 3, 1998, during a foreseeable, seasonal 10 ramffil, resulting in severe damage and flooding on Plaintiffs' property and thereby rendering the 11 properties unfit for normal, usual and safe residential use, and said conditions have deprived and 12 continue to deprive Plaintiff's of the complete use, benefit, enjoyment and conform thereof, all to 13 Plaintiffs' damage in sums presently estimated to be in excess of the minimum jurisdictional 14 requirements of this court; together with such other and further damages which Plaintiffs have 15 suffered, and will continue to suffer, including but not limited to, damage, loss and destruction of 16 Plaintiffs'real property; diminution in value of Plaintiffs'real property as a result of said flooding 17 and of the continued threat of flooding in the future; damage, loss, and destruction of Plaintiffs' 18 personal property; loss of income and time; and damages sustained in connection with moving, 19 relocating, and storage, all in presently unascertained amounts in excess of this court's minimum 20 jurisdictional requirements, and all according to proof at trial. 21 .14) As a further, direct and proximate result of Defendants' negligence as aforesaid, 22 Plamtiffi have suffered, and continue to suffer,great emotional pain and mental distress, including 23 but not limited to, anxiety, fear, nervousness, depression, and frustration, in excess of the 24 minimum jurisdictional requirements of this court, according to proof at trial. 25 15) As a further, direct and proximate result of the aforementioned conduct of 26 Defendants, Plaintiffs have been obliged to expend or incur liability for costs of suit and related 27 CANUM L-Fourth Amended Complaint 4 I expenses in an amount not yet fully ascertained, but which will be submitted at the time of triad.. 2 16) As a further, direct and proximate result of the aforementioned conduct of 3 Defendant,Plaintiff have suffered special damages in an amount according to proof at the time 4 of trial from, among other things, the lack of availability of said sums to them. 5 SECOND CAUSE OF ACTION (Nuisance) 17) Plaintiffs reallege and incorporate by reference as if set forth in full each and every 7 allegation of paragraphs 1 through 16 above. 8 18) The aforeentioned acts of the Defendants, and each of them, constita-ite a nuisance 9 within the meaning of Section 3479 of the Civil Code in that the acts interfere with and obstruct 10 Plaintiffs' free use and comfortable enjoyment,and economic advantage of their real property and 11 adjoining structures. 12 THIRD CAUSE OF ACTION 13 (Diversion of Surface Waters) 14 19) Plaintiff's reallege and incorporate by reference as if set forth in full each and every 15 allegation of paragraphs 1 through 18 above. 16 20) Plaintiffs are informed and believe, and thereupon allege that Defendants, and each. 17 of'them, acted as aforesaid concerning real property and prior to said activities, surface water 18 which fell upon said real property did not flow toward, onto or over Plaintiffs' real.property. 19 21) Plaintiff's are informed and believe, and thereupon allege that the Defendants as 20 aforesaid failed to take reasonable care in designing, improving„ controlling, inspecting, 21 constructing and maintaining the aforesaid storm drain systems and as a proximate result caused 22 damage to Plaintiff's' real property through the collection, accumulation, concentration, diversion 23 and redirection of surface waters. 24 22) The acts andlor omissions of Defendants as hereinabove alleged, proximately caused 25 severe damage to Plaintiffs' real property as hereinabove set forth, and dim shed the value of 26 Plaintiffs' real property as aforesaid. 27 CA1V11~LL-Fourth Amended CoampWnt 5 1 FOURTH CAUSE OF ACTION (Trespass) 2 23) Plaintiffs reallege and incorporate by reference as if set forth in full each and every 3 allegation of paragraphs 1 through 22 above. 4 5 6 24) On or about January 1, 1997 and January 7-8, 1995 and February 3, 1998, and 7 continuing thereafter, the aforesaid Defendants, and each of them, without Plaintiffs' consent, wrongfully caused or allowed large quantities of flood waters, sewage and debris to inundate and 8 fall upon Plaintiffs' real property as hereinabove set forth. 9 FIFTH CAUSE OF ACTION 10 (Inverse Condemnadon) 11 25) Plaintiffs reallege and incorporate by reference as if set forth in full each and every 12 allegation of paragraphs 1 through 24 above. 13 26) At all times mentioned herein, Defendants, and each of them, planned, funded, 14 engineered, designed, supervised, inspected, licensed, adopted, and approved the plans, 15 specifications, and works for the flood control projects, works, public improvements and related 16 operations, of the aforementioned real property under Defendants' ownership, care, control, 17 management, and/or administration. Further, at all times mentioned, Defendants, and each of 18 than, constructed, operated, maintained, repaired, and controlled such aforementioned public 19 improvements. 20 27) At all times mentioned herein, Defendants, and each of them, planned, designed, 21 inspected, licensed, approved, adopted and accepted flood control improvements, public works, 22 and drainage systems, temporary levees, streets, sewer systems, landscaping, grade sloping and 23 other operations which became part of the subject properties in and around the Southwest Annex 24 and neighboring and other developments impacting upon the Southwest Annex. Defendants, and 25 each of them, knew or should have known, that these plans, specifications and works were 26 defective in that, for some years prior to the events of January 1, 1997, January 7-8, 1995 and 27 CAMELL-Fourth Amended Complaint 6 I February 3, 1998, there had been wide-spread and persistent flooding and drainage problems in 2 the aforementioned southwest Annex and neighboring development, whereby numerous flood 3 mcidents4xid occurred during foreseeable heavy rains for a considerable time prior to the initiation 4 of the developments in which Plaintiffs own their homes. 5 A 6 28) Defendants, and each of them, knew or should have Known that these plans and 7 specifications of said flood control projects, and the construction, operation and maintenance 8 thereof, were defective and inadequate in that; for some years prior to the events of January 1, 9 1997 and February 3, 1998, there had been widespread and persistent flooding and drainage 14 problems of Defendants' aforementioned real property and Plaintiffs' adjacent property on the 11 Southwest Annex by the negligent, unreasonable, and defectively conceived planning, design, 12 funding approval, adoption, supervision, licensing and inspection of the above-described flood 13 control projects and public improvements of Defendants' real property and of adjacent property; 14 and by the negligent, dangerous, and defective construction, management, operation,repair, and 15 control of such public control improvements. Such negligent, careless, and unreasonable 16 planning, design, approval, adoption, maintenance, inspection, licensing, and operation occurred 17 prior to, during, and on a continuing basis after the development of said Plaintiffs' properties. 18 29) As a direct and proximate result of Defendants' conduct as aforesaid and/or 19 Defendants'public improvements, Plaintiffs' property was flooded on or about Januarys 1, 1997, 20 January 7-8, 1995 and February 3, 1998, during a seasonal rainfall resulting in severe damage and 21 flooding on Plaintiffs' property as previously alleged, 22 34) The above-described damage to Plaintiffs' property was substantially caused by 23 Defendants' negligence, carelessness and unreasonableness and/or Defendants' public 24 improvements, flood control improvements, works, and drainage systems, temporary levees, 25 streets, sewer systems, landscaping, grade sloping and other operations, which it knew or should 26 have known in the exercise of reasonable care to be inadequate, substandard, dangerous, 27 CAMEIL-Fourth Amended Complaint 7 I unreasonable, and defective; in fiding to disclose or worn against such dangerous conditions and 2 defects; and ultimately in Wing to provide adequate emergency warnings, assistance, evacuation, 3 and aid. 4 31) The above-described damage to Plaintiffs' property was substantially caused by 5 Defendants' negligence, carelessness, and unreasonableness and/or Defendants' public 6 improvMents, including but not limited to planning, dm*ning, approving,.adopting, constructing, 7 martagin& operating,main controlling, licensing, and inspecting the aforementioned flood 8 control projects, improvements, public works, and other operations as hereinbefore alleged, and 9 other operations, which it knew or should have known in the exercise of reasonable care to be 10 inadequate, unreasonable, dangerous, substandard and defective. Such damage to Plaintiffs' 11 property was further substantially caused by Defendants' negligence in failing to remedy these 12 imminent and dangerous conditions. 13 32) As a further, direct, and proximate result of the above-mentioned damage to 14 Plaintiffs' property, Plaintiffs have been deprived and continue to be deprived of the complete use 15 and benefit thereof, 0 to Plaintiffs' damage in suras presently estimated to be in excess of the 16 minimum jurisdictional requirements of this court; together with such other and further damages 17 which Plaintiffs have suffered, and will continue to suffer, including but not limited to, damage, 18 loss and destruction of Plainnfiffi' real property and diminution in value of Plaintiff`s' real property 19 as a result of said flooding and of the continued threat of flooding in the future; all in presently 20 unascertained amounts in excess of this court's minimum jurisdictional requirements, and all 21 according to proof at trial. 22 33) As a further, direct and proximate result of Defendants' actions as aforesaid, 23 Plaintiffs have suffered, and continue to suffer,great emotional pain and mend distress, including 24 but not limited to, anxiety, fear,nervousness, depression and dation, in excess of the minimum 5 jurisdictional requirements of this court, according to proof at triad. 26 34) As a further, direct and proximate result of the aforementioned conduct' of 27 CAIVLL-'Fourth Amended Complaint 8 I Defendants, Plaintiffs have been obliged to expend or incur liability for attorneys' fees, costs of 2 suit, and relaxed expenses in an amount not yet fully ascertained, but will be submitted at the time 3 of trial. 4 - 35) As a further, direct and proximate result of the aforementioned conduct of 5 Defendants, Plaintiffi have suffered special damages in an amount according to proof at the time 6 of trial for among other things, the lack of availability of said sums to them. 7 \\ 8 36) Said actions and conduct of Defendants, and each of them, have amounted to a 9 taking and damaging of Plaintiffs' property in whole or in part for public use, and Plaintiffs have 10 received no compensation for the damage due their property. 11 'WHEREFORF, Plaintiffs prayjudgment against Defendants, and each of them,jointly and 12 severally, within the jurisdiction of the Superior Court, as follows 13 a. For special and consequential damages, including but not limited to, loss of personal 14 property, diminution in value of the property and cost of repairs, according to proof; 15 b. For general damages and damages for emotional distress according to proof, 16 c: For reasonable attorneys' fees against the governmental entity Defendants, to recover 17 for inverse condemnation; 18 d.. For costs and expenses of litigation, according to proof; 19 e. For inter+est, including prejudgment interest for personal injuries except as a 20 governmental defendants, according to proof; and 21 f. For such other and further relief as the court may deem just and proper. 22 Dated: � �'g 23 fA4ES G. MELLENN 24 Attorney for Plaintiffs 25 26 27 C.AAMU-Fourth Amended Complaint 19 ATi%7RNEY OR PARTY WITHOUT ATTORNEY(NAML, ADD TELEPh-- FOR COURT USE ONLY Dolores K Donohoe Esq. {Bar# 1114 25)932-3600 .. Gibbons&Conley ""xHo: `� 1 G 0 1850 Mt.Diablo Blvd., Ste. 600 (925)932-1623 ' Walnut Creek, , California 94596 I-'.:.--ry`'_3 ATTORNEY FOR(NAME):Qty Of Rkbmogb Cross-comvkinant and Defendant Insert name of court,Judicial district or branch court, N any, and post office and street address: S Superior Court of California,County of Contra Costa, 1020 Ward Street 725 Court Street,P. d.Box 911 x Martinez,Ca,CA 94553 o E: Camell V. Ci of Richmo at al. CROSS-COMPLAINANT: City of Richmond CROSS-DEFENDANT: Kennedy/Jenks Consultants, Inc.; and M DOES 1 TO 10-- Amot 0Amount enzan ed exceeds $10,0M CASE NUMBER: T-- CROSS-COMPI AINPersonal Injury,Property Damage,Wrongful Death C97-05272 ®Apportionment of Fault [X]Declaratory Relief [M Indemnification EXI Other(speclryr):Breach of Express Indeinni 1. This pleading, Including exhibits and attachments, consists of the following number of pages: 3 CROSS-COMPLAINANT(name): City of Richmond SAYS AGAINST CROSS-DEFENDANT(name): Kennedy/Jenks Consultants, Inc.; and Roes 1 to 10 2. [:3 The following causes of action are attached and the statements below apply to each: (in the attachments plaintiff means dress-complainant and defendant means cross-defendant.) 0 Motor Vehicle [3 Products Ulablllty [� General Negligence E3 Premises Uablilty [, Intentional Tort LD Other(specify): 3. a. Each cross-complainant named above Is a competent adult [tel Except cross-complainant(name): City of Richmond a corpon3tion qualified to do business In California an unincorporated entity(desrrlbeJ a public entity(describe): �]a minor CD an adult C]for whom a guardian or conservator of the estate or a guardian ad litem has been appointed d other(specify): [3 other(specify) b. El informatlon about additional mplairmints who are not competent adults Is contained In Cross- Complaint—Attachment 3b. (Continued) Form Approvod by grin "„" v 1,1902 CROSS-COMPLAINT—Personal injury,Property Damage, CCP 425.+2 Rub 982.1(14 9152.1 Wrongful Death Optional Form rXd&W Coate JrWW fir Haom�` SHOFtr TITLE: CASE NUMBER: Camell v.,QIW of R=hm9M&ct al. Chy of Richmond v.Kennedy/Jenks Consultants.Inc. C97-05272 CROSS-COMPLAINT—Personal Injury,Property/Damage,Wrongful Death Ivo 4. a. Each cross-defendant named above Is a natural person Excapt crosw4efendent(name): '[]Except cross-defendant(name): Kennedy/Jenks Consultants, Inc. ED a business organization,form unknown [n a business organization,form unknown [3 a corporation [:3 a corporation [Dan unincorporated entity(describe): []an unincorporated entity(describe): Q a public entity(describe): [:3 a public entity(desrrtbe): other(specify): [bother(specify) b. The true names and capacities of cross-defendants sued as Does are unknown to cross-complainant. c. [:3 Information about additional cross-defendants who are not natural persons Is contained in Cross- Compisint—Attachment 4c. 5. CI Cross-complainant is required to comply with a claims statute,and a. [3 has compiled with applicable claims statutes,or b. [0 Is excused from complying because(specify): e. M] i"u Cause of Action-indemnification a. i am informed and believe that cross-defendants were the agents, employees, co-venturers, partners, or In some manner agents or principals, or both, for each other and were acting within the course and scope of their agency or employment. b. The principal action alleges among other things conduct entitling plaintiff to compensatory damages against me.I contend that I am not liable for events and occurrences described In plaintiff's complaint. c. If I am found in some manner responsible to plaintiff or to anyone also as a result of the Incidents and occurrences described In plaintiffs complaint, my liability would be based solely upon a derivative form of liability not resulting from my conduct, but only from an obligation imposed upon me by law,therefore, 1 would be entitled to complete Indemnity from eachcross-defendant 7. ink) Cause of Action—Apportionrnent of Fault I am informed and believe that each cross-defendant was responsible, in whole or In part, for the injuries, If any,suffered by plaintiff.If I am judged liable to plaintiff,each cis-defendant should be required: a. to pay a share of plaintiffs judgment which Is In proportion to the comparative negligence of that cross-defen- dent in causing pisintif's damages and b. to reimburse me for any payments I make to plaintiff In excess of my proportional share of all cross-defendants' negligence. (Continued) P"too AbOd d Coag Fanta Pr MOM"" Lr SHORT TI LE. CASE NUMBER: cei v i of RiLhmgad vInc. C97-05272 CROSS-COMPLAINT•--Pereonai Injury,Property Damage,Wrongfui Death(Continued) Page ft" 8. ® 3 Cauca of Action--Declaratory Relief (nom) An actual controversy exists between the parties conceming their respective rights and duties because cross-- complainant contends andcross-defendant disputes Ejas specified In Cross-Complaint--Attaachment 9 [X]as follows: Crass-Complainant contends that it entitled to indemnity and/or contribution from Cross-Defendant and Cross-Defendant disputes this contention. 9. M Cause of Action—{Spec1W: {number} Breach of Express indemnity Provision of Contract. On or about March 20, 1995, Cross-Complainant City of Richmond entered into a contract with Kennedy/Jenks Consultants,Inc. it was a written contract whereby Cross-Defendant agreed to indemnify Cross-Complainant as is stated in the attached contract,which is marked Exhibit A and incorporated herein by reference. Said contract was entered into prior to the alleged damage sustained by Plaintiffs and was in effect at the time of the incident which is the subject of the principal-action. Cross-Defendant is under an obligation to indemnify,hold harmless and/or defend Cross-Complainant from the damages alleged in Plaintiffs'Complaint. 10. CROSS-COMPLAINANT PRAYS For judgmentfor costs of suit;for such relief as is fair,just,and equitable,and for compensatory damages IM(Superior Court)according to proof. C3(Municipal and Justice Court)in the amount of total and complete Indemnity for any judgments rendered against me. M judgment In a proportionate share from each cross-defendant. 1XI a judicial determination that cross-defendants were the legal cause of any injuries and damages sustained by plaintiff and that cross-defendants Indemnify me, either completely or partially, for arty sums of money which may be recovered against me by plaintiff. IXI other(specrty): For reasonable attorney fees according to proof For such other and further relief as the Court deems proper. UML. .. . . . ... . . l`)olores,Iv .°Dcohorr . . . . . . . . . . . V't� j i t (Two or d nsu+w) ° d cue- IeinW,d or M-My) CROSS-COMPLAINT—Personal Injury,Property Damage, pe" CCP Wrongful Death Continued °i� Rule 9511(14)(coned) � (Continued) Jr�drt F jaYlitDaar 1 PROOF OF SERVICE 2 3 1 am employed in the County of Contra Costa, State of California. I am over the age of 18 years and not a party to the within action. My business address is 1850 Mt Diablo Boulevard, Suite 4 600,Walnut Creek,CA 34596. /go 5 On September 1999,I served the attached documents entitled: 6 CROSS-COAeLAINT OF DEFENDANT CITY OF RICfB40ND 7 on the interested parties in the above action by placing a true copy thereof enclosed in a sealed a envelope(s),addressed as follows: 9 James G. Mellen 10 Law Offices of James G. Mellen 3150 F lltop Mall Road, Suite 44 11 Richmond, CA 94806 Tel: 510/970-7605 12 Fax: 510/970-7680 13 (Attorneys for Plaintiffs) 14 Matthew J.Webb,Esq. 1.305 Franklin Street, Suite 504 15 Oakland,CA 94612 Tel: 510/444-4224 16 Fax: 510/444-4223 17 (Attorneys,for Plaintiffs) 18 BY M,A1L- I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail at Walnut Creek,California. 19 20 I am readily familiar with the firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on the same day in the 21 ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one(1) day after the date of 22 deposit for mailing in the affidavit 23 []BY F'ACSEMME TRANSMISSION - I caused the attached document to be transmitted by 24 facsimile transmission to the office(s)of the ee(s). 25 [) BY FEDERAL EXPRESS - I caused such envelope(s) to be delivered.by Federal Express to the office(s)of the see(s). 26 27 [)BY PERSONAL SERVICE -I caused such envelope to be delivered by hand to the office(s) 318SONS a CONLEY of the addressee(s)., $ su� .- Executed on S bery, 1999,at Walnut lihmnia, OALMUT CAM'CA 049" font 03s11e00 Mf Ieert os:-Ion f 1 [ STATE - I declare under penally of perjury under the laws of the State of California that the 3 foregoing is true and correct. A ]FEDERAL- I declare that I am employed in the office of a member of the bar of this Court at 5 whose direction the smrvice was made. 6 _ 4DAWHMITE 7 8 9 10 11 12 13 .1d 15 16 17 18 19 20 21 22 23 24 25 26 27 GIBBIONS i CONLEY Arrom M!AT LAW 28 IMO M.V A W sma. sum OM - . WALNUT OaMt CA sage form Me-3"o RAN 19=1 038 J eR—A -WOOSTA6I 0386 a POSTALIA283926 gg � 7 �,' ,�. 1,� is�.i �M�r�t .'�'.,tw i pv Jx�,; s '°i .. •3"� '���w.i ��.; � - .. s a . 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