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HomeMy WebLinkAboutMINUTES - 02072006 - C.21 n CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: FEBUARY 07, 2006 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 claim by the Board of Supervisors: (Paragraph IV below), given Pursuant to Government Code Section 913 and pkol �� 915.4. Please note all "Warnings". AMOUNT: UNKNOWN DJ` CLAIMANT: ANITA M. BOOZE CL)Uj,�TY r0UfL°�,�L &1ARTlfq;-2 CALF ATTORNEY: UNKNOWN DATE RECEIVED: JANUARY 05/06 ADDRESS: 847 - C BROOKSIDE DRIVE BY DELIVERY TO CLERK ON:JANUARY 05/06 RICHMOND, CA 94801 BY MAIL POSTMARKED: JANUARY 04/06 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JANUARY OS 2006 JOHN SWE Jerk Dated; By: Deputy II. FkOM: County Counsel. TO: Clerk of the Board of Supeivisors ( + This claim complies substantially with Sections 910 and 910.2. (%)o'lhis 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: (P By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IV.' OARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. O Other: I certify that this is a true and correct'copy of the Board's Order entered in its minutes for this date. Dated: ys"V PX. 40,04 JOHN SWEETEN, 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 This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Datedv, Lo& JOHN SWEETEN, CLERK By Deputy Clerk ,I This. warning does not apply to claims which are not subject to the California Tort Claims Act-such as actions in inverse condemnation, actions for. specific relief such as mandamus or injunction, or Federal Civil Rights claims. 'The above list is not exhaustive and legal consultation is essential to understand all the" separate limitations periods that may apply..The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific. statutes and cases applicable to your particular claim. The County of Contra -Costa does not waive any of its rights under California Tort Claims Act nor does'it waive rights under the• statutes of limitations applicable to , actions not subject to. the California Tort Claims Act. • 1 r. , ."�"' �{�t..r., �' � dna.!>Ee, '!`2" R,f;•;e`a 1 �' L� l 4. a,• L t OFFICE OF THE COUNTY COUNSELSILVANO B. MARCHESI COUNTY OF CONTRA COSTA COUNTY COUNSEL Administration Building , '_ _ .� 651 Pine Street, 9'" Floor SHARON L ANDERSON Martinez, California 94553-1229 4% _ CHIEF ASSISTANT GREGORY C. HARVEY (925) 335-1800 0; ++; 11f1\1\ -� '� VALERIE J. RANCHE (925) 646-1078 (fax) ASSISTANTS SpA COU1`Z� NOTICE OF FFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Anita M. Booze 847 C Brookside Drive Richmond, CA 94801 RE: CLAIM OF: Anita M. Booze 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: [ ] I. 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. [X] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. [ ] 6. The claim is not signed by the claimant or by some person on his or her behalf. [ ] 7. You are required to submit your claim on the proper form, which is enclosed. Please resubmit your claim on the enclosed form, including all the required information. Gov. Code, § 910.4. Please be aware that you have only a limited period of time in which to file an amended claim. See Gov. Code, § 910.6. [X] 8. Other: Please provide the address of where your alleged incident occurred and more details as to what happened. SILVANO B. MARCHESI COUNTY COUNSEL g By:�—I fi" (i Monika L. Cooper Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Evid. Code, §§ 641, 664) I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My busine address is Office of the County Counsel, 651 Pine Street, 9th Floor, Martinez, CA 94553-1229. On I served a true copy of this Notice of Insufficiency and/or Non- Acceptance of Cl '- 'by place g the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California addressed to Anita M. Booze, 847 C Brookside Drive, Richmond, CA 94801, as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under he laws of the State of California and the United States of America that the above is true and correct. Executed on i0 2,006, at Martinez, California. Kat leen O'Connell cc: Clerk of the Board of Supervisors (original) Risk Management Page 2 � BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. 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, Penial Code Sec. 72 at the end of this form. NOUN move no .RE: Claim By: Reserved for Clerk's filing stamp AnbLx iV. 5&)�' ) ) RECEIVED Against the County of Contra Costa or ) JAN 0 5 2006 District) CLERK BOARD OF SUPERVISORS (Fill in the name) ) CONTRA COSTA CO. The undersigned claimant.hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) DAG -7, 2.00 S 2. Where did the damage or injury occur? (Include city and county) MA2T1WT-_Z / CAL1'f6P41A . MAV-rINEZ NMDiCAL `VtA1LD1r 6T 3. How did the damage or injury occur? (Give full details; use extra paper if required) PAT i>;N1- ship_ ME0r-,1B -r�, 2DRt1Z i A�4D !�HE LL wmR 4F_g . Ri6tttr AF 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 5 What are the names of county or district officers, servants, or employees causing the damage or injury? _Z7 % ��/4/ - Iviow r I/ l 6.' What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors, and hospitals: PoWL-P WlgpF�L/,CT IC- — 5b4 — 41 ST SNEF--r e,%V—�N D , CA C14W9 9., List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT Gov. Code Sec. 910.2 provides "The claim shall be signed by the claimant or by some person on his . behalf." SEND NOTICES TO: (Attorney) ) Name and address of Attorney ) / �)- ( Z an 's Signa ) - 4 ft AZ&Qe2 2d,2= 1'4 (Address) ) Telephone No. ) Telephone No. Z'/� �—�l q 7 on gross so so Now 0 Somme NEI PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. 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 dollars ($1,000.00), 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. 6 i � `�/ Y � t 1 r d�` ��� r �� r r� � r 1 � r ..r �6 j---+� .� 4� .,, ...� � �" o �� ;= b7�„gin ,,, �•. F CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION:FEBUARY 07/06 Claim Against the County, or District Governed by ) the Board-of�Supervis�ors,Routing Endorsements, ) NOTICE TO CLAIMANT and Board Actton9 All�S'ecti�ri references are to ) The copy of this document mailed to you is your California`GCSCovernment Codes. $ ) notice of the action taken on your claim by the 4 J�1;�i d 5 2006 Board of Supervisors. (Paragraph IV below), given COUPursuant to Government Code Section 913 and POAR TY Cif CALIF. 15.4. Please note all "Wamin s". P�r��d`f��f�� AL9#� g AMOUNT: OVER $25,000.00 CLAIMANT: JOHN FOUHY ATTORNEY: ADANTE D. POINTER DATE RECEIVED: JANUARY 05/06 ADDRESS: THE TAW OFFICES OF JOHN L. BURRIS BY DELIVERY TO CLERK ON: JANUARY 05/06 -7677 OAKPORT ST. , .1120 OAKLAND, CA 94621 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEE E erk Dated: JANUARY 05, 2006 By: Deputy II. MOM: County Counsel, TO: Clerk of the Board of Supervisors (vY,This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). (' ) Other: Dated: By: M Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) O Claim was returned as untimely with notice to claimant(Section 911.3), IV. ARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. O Other: I certify that this is a true and correct'copy of the Board's Order entered in its minutes for.this date. Date dYry O o24©!! JOHN SWEETEN, CLERK, ByAw:�*_�__ __ , Deputy Clerk WARNING(Gov. code sect' n 91 5) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice: AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 4e 060,04011N SWEETEN, CLERK By Deputy Clerk This warning- does not apply to claims which are not subject to the California Tort Claims Act-such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply.The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific. statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California'Tort Claims Act nor does it waive ' rights under the. statutes of limitations applicable to actions, not subject to the California Tort Claims Act. r..J JAN-05-2006 09:10 CCC RISK MANAGMENT 925 335 1421 P.02 BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY INSTRUCTIONS TO CLAMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual.of the cause of action. (Gov. 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 fomn. Guam/■/a/■f//////a/a/aaa/Soso OWN //////!////////////■/■■a■■a■Neuroses mosso ago■t RE: . Claim By: Reserved for Clerk's filing stamp } JOHN FOUHY )- RECEIVED } C/o THE LAW OFFICES OF JOHN L. BJRIS Against the County of Contra Costa or ) JAN•0 5 2006 SHERIFF DEPARTMENT District) CLERK BOARD OF SUPERVISORS (Fill in the name) CONTRA COSTA CO. } The undersigned claimant-hereby-makes claim.against the County.of Contra Costa or the above-named district in the sun of$OV $2 5, 0 0 0 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) July 6', 2005, AT APPROXIMATELY 4':.30 pm. 2. Where did the damage or injury occur? (Include city and county) IN THE VICINITY`,'OF 1130 CHRISTIE ROAD IN MARTINEZ 3. How did the damage or injury occur? (Give full details;use extra paper if required) PLEASE SEE ATTACHMENT "A" .- 4. A" .4. What=particular act or.omission on.the,part ofcounty.or district officers, servants, or employees caused the injury or dannage? PLEASE SEE ATTACHMENT "A" 5 What are the names-of county.or district officers,.servants,.or employees causing-the damage or injury? PLEASE SEE ATTACHMENT "A" JAN-05-2006 09:11 CCC RISK PlT 925 335 1421 P.03 -6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) PLEASE SEE ATTACHMENT "A" - 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) PLEASE SEE ATTACHMENT "A" , ALSO DISCOVERY IS STILL CONTINUING 8. Names and addresses of witnesses,doctors,and hospitals: DISCOVERY IS STILL CONTINUING 9. List the expenditures you made on account of this accident or injury: DATE TIME AMO DISCOVERY IS STILL CONTINUING eeeeeeaooaeaeaaeaaoeaaeaoasesaeaaansameeaaeaeeeneaacmaeoeeeaeaeeaemeeaaeeaeeeaeaeeeai ) .Gov.Code Sec. 910.2 provides`"fhe claim.shall be )signed by the claimant or by some.person on his behalf." SEND NOTICCS_TQ: tAttoraey) ) Name and address of Attorney ) f� - �, THE LAW OFFICES OF ) (Claimant's S e) 7677 OAKPORT ST. , 1120 7677 OA JOHN L. BURRIS ORT STREET, SUITE 1120 OAKLAND, CA 94621 ) (Address) OAKLAND, CA 94621 Telephone Nol 51 0)839-5200 )Telephone No. (51 0)281-8533 eoaoaeaoeaamaeaonce moves aasaeoaaemeaeaoeeeeoeeeeaeaaeaeaaeaseeeeeaeusages man aeeaaaoo1 PUBLIC RECORDS NOTICE: Please be advised that this claim form,or any claim filed with the County under the Tort Claims Act,is subject to public disclosure under the California Public Records Act (Gov. Code, §5 6500 et seq.) Furthermore, any attachments,addendums,or supplements attached to the claim form,including medical records,are also subject to public disclosure. eeeaeoaeemaccess Gamesome ooage eeeeaenoaomeaaaeawes.eeeeoeaoaeoaeewages meaeaeeaemannoai NOTICE: Section 72 ofthe 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 dollars($1,000.00), 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. TOTAL P.03 • ATTACHMENT"A" JOHN FOUHY Claimant objects to this Claim Form because it requires information which constitutes an invasion of the Claimant's privacy and which is not required to be provided by the Claimant under California Government Code Section 910. For example, California Government Code Section 910 does not require that the Claimant provide his home and work number, driver's license number, date of birth, auto insurance name and policy number, a diagram of the location of the incident, any statements by the Claimant as to his reasons "for believing the County is liable for your damages, "or a description of all damages which you believe you have incurred as a result of the incident." Therefore, Claimant submits the following information in support of his Tort Claim pursuant to Government Code Section 910: CLAIMANTS' NAME(S): JOHN FOUHY CLAIMANT ADDRESS: LAW OFFICES OF JOHN BURRIS, Airport Corporate Centre, 7677 Oakport Street, Suite 1120, Oakland, CA 94621 .CLAIMANT TELEPHONE NUMBER: (510) 839-5200 ADDRESS TO WHICH ALL NOTICES ARE TO BE SENT: LAW OFFICES OF JOHN L. BURRIS, Airport Corporate Centre, 7677 Oakport Street, Suite 1120, Oakland, CA 94621 PLEASE NOTE: CLAIMANT IS REPRESENTED BY COUNSEL AND ALL CONTACT SHOULD BE MADE WITH HIS ATTORNEY ONLY. DATE OF INCIDENT: July 6, 2005 LOCATION OF INCIDENT: In the vicinity of 1130 Christie Road in Martinez, CA. "A GENERAL DESCRIPTION OF THE INDEBTEDNESS,OBLIGATION,INJURY, DAMAGES OR LOSS INCURRED SO FAR AS IT MAY BE KNOWN AT THE TIME OF PRESENTATION OF THE CLAIM"AND "THE NAME OR NAMES OF THE PUBLIC EMPLOYEE OR EMPLOYEES CAUSING THE INJURY, DAMAGES, OR LOSS, IF KNOWN: [Per Government Code Section 9101: THE LAW OFFICES OF JOHN L. BURRIS 1 ATTACHMENT "A" JOHN FOUHY DESCRIPTION OF INCIDENT: This incident took place on July 6, 2005 at approximately 4:30 p.m. Contra Costa County Sheriff Deputy Jimenez responded to a complaint regarding two suspicious males standing near a vehicle at 1130 Christie Road in Martinez. Upon his arrival, Deputy Jimenez observed Mr. John Fouhy and Stephen Norris standing next to the reported vehicle. Deputy Jimenez pulled up, and exited the vehicle in an apparent attempt to make contact with the two suspects. However, Mr. Fouhy and Mr. Norris ran from the scene. Deputy Jimenez gave pursuit, pulled his gun and ordered the two men to stop. Mr.Norris stopped running and was apprehended by Deputy Jimenez. However, Mr. Fouhy continued to run and disappeared into a steep ravine covered in dense foliage. Shortly-thereafter, three other Deputies arrived on the scene and proceeded to chase Fouhy, while Deputy Jimenez remained with Mr. Norris. The officers ran the short distance to the creek and found Mr. Fouhy partially submerged in the creek with his hands up, attempting to comply with their orders in a non-violent and peaceful manner. Nevertheless, the Deputies deployed a K-9, which bit Fouhy repeatedly on his legs, arms, and buttocks. The Deputies then placed Mr. Fouhy in handcuffs and began beating him about the face,head,back, neck, and torso areas. In fact, the Deputies beat Mr. Fouhy so severely and savagely that it necessitated he be treated on the scene by AMR and then transported via helicopter to John Muir Hospital. At some point during the beating, Fouhy blacked out. He awoke two days later in the John Muir Intensive Care Unit, where he remained for another two days. The medical staff ultimately diagnosed that he was suffering from a fractured skull; a broken nose; damage to the L7 and L8 vertebrae; and injuries from dog bites on both legs; the lower left elbow; and buttocks. DESCRIPTION OF CLAIM: Claimant alleges that the conduct of the individual employees, agents and/or servants of the COUNTY OF CONTRA COSTA constitute civil rights violations,the use of excessive and/or arbitrary force, intentional infliction of emotional distress, and negligence. Claimant alleges that individual employees, agents and/or servants of the CONTRA COSTA SHERIFF'S DEPARTMENT are responsible for Claimant's injuries, and acts and/or omissions committed within the course or scope of employment under the theory of respondeat superior liability. Respondeat superior liability includes but is not limited to,negligent training, supervision, control and/or discipline. Individual employees, agents, and/or servants of the CONTRA COSTA COUNTY, include but are not limited to, DEPUTY BELTRAN; DEPUTY JIMENEZ; DEPUTY ROBERTS; DEPUTY WESTERMAN; DOES 1-100, and/or each of them, individually and/or while acting in concert with one another. THE LAW OFFICES OF JOHN L. BURRIS 2 ATTACHMENT"A" JOHN FOUHY Claimant alleges.that Civil Rights violations include,but are not limited to, Constitutional and/or statutory rights violations under California and/or Federal law. Claimant alleges that use of excessive and/or arbitrary force included, but was not limited to, dog bites; blows to the head, back and abdomen. Claimant alleges that the assault included,but was not limited to, unwanted contact causing Claimant to experience a reasonable apprehension of immediate harmful or offensive contact. Claimant alleges that the battery included,but was not limited to, subjecting the Claimant to harmful or offensive contact with the intent to cause physical injury. Claimant allege that negligence included,but was not limited to,breach of duty upon failing to exercise due care by placing others at risk of death, injury, or serious bodily harm. Claimant will allege other causes of action subject to continuing discovery. DESCRIBE INJURY OR DAMAGE: Claimant has, or may have in the future, claims for general damages, including,but not limited to, claims for pain, suffering and emotional distress in amounts to be determined according to proof. . Claimant may have and/or may continue to have in the future, claims for special damages, including,but not limited to, claims for medical and related expenses. Claimant may have, and/or may continue to have in the future, damages for permanent injuries, permanent scarring and/or other physical disfigurement and/or disability in an amount according to proof. NAME OF PUBLIC EMPLOYEE(S)BELIEVED TO HAVE CAUSED INJURY OR DAMAGE: See description of the incident, above. THE LAW OFFICES OF JOHN L. BURRIS 3 ATTACHMENT"A" JOHN FOUHY DEMAND FOR PRESERVATION OF EVIDENCE: Claimants do hereby demand that CONTRA COSTA COUNTY including, but not limited to, the CONTRA COSTA COUNY SHERIFF'S DEPARTMENT, its employees, servants and/or attorneys,maintain and preserve all evidence, documents and tangible materials which relate in any manner whatsoever to the subject matter of this Claim during the pendency of this matter, including until the completion of any and all civil and/or criminal litigation arising from the events which are the subject matter of this Claim. This demand for preservation of evidence includes,but is not limited to, a demand that all police departments and/or public safety entities preserve all tapes, logs and/or other tangible materials of any kind until the completion of any and all civil and criminal litigation arising from the subject matter of the events which are the subject matter of this Claim. AMOUNT OF CLAIM: This claim is in excess of$75,000. Jurisdiction is designated as"unlimited" and jurisdiction would be in the United States District Court and/or Superior Court of the State of California for the County of CONTRA COSTA. DATED: JANUARY 04, 2006 '\ ADANTE D. PO TER Att6ey for Claimint THE LAW OFFICES OF JOHN L. BURRIS 4 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION. FEBRUARY 07/06 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 claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". JAN 41 AMOUNT: UNKNOWN COUNTY COUNSEL M,A.PTINc CALIF CLAIMANT: CORY LINGENFELTER' . ,. .ATTORNEY: MARTIN OCCHIPINTI, JR. DATE RECEIVED: JANUARY 05/06 ADDRESS: LAW OFFICE OF LEONARD BECKER BY DELIVERY TO CLERK ON:JANUARY 05/06 1728 B STREET; HAYWARD, CA 94541 BY MAIL POSTMARKED: JANUARY 04/06 FROM: Clerk of the Board of Supervisors TO: County Counsel . Attached is a copy of the above-noted claim. JOHN SWEET Dated: JANUARY 05, 2006 By: Deputy — Z%9&17,06_ If. MOM: County Counsel, - TO: Clerk of the Board of Supervisors (,Y-This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) 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). O Other: Dated: t/"5_ D By: �L Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1), County Administrator(2) ( } Claim was returned as untimely with notice to claimant(Section 911.3). IV. ARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. O Other: I certify that this is a true.and correct'copy of the Board's Order entered in its minutes for this date. Dated .�s' d,�o204 JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code sedition T13) 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 attomey, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Date4e4!!9QOHN SWEETEN, CLERK By Deputy Clerk BOARD OF SUPERVISORS OF CONTRA COS'T'A COUNTY INSTRUC'T'IONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. 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 hename 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. l!!Q!!!!!!!!!!QlvQ®!!lQaa!!!!!r!!!!!!!!!■e!!Q!■e■■a!!!!!!!Q!l QOili!!0lQQ lQCCl9[ RE: Clain By: C©k. A-lA6"t_A)FEL7F/Q Reserved for Clerk's filing stamp &74 Against the ounty of Contra Costa or District) c4Fy JAN ° 5 Zoo Keo 6 (Fill in the name) ) coti qA oFsep COS rA Cp��SOAS The undersigned claimant-hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ .do bw4 and in support of this claim represents as follows: L. 711en did the damage or injury occur? (,-i�'e txac,'�aaie and nnlir) ` ` October 16 , 2005 ..at 3 :30 p.m. 2. Where did the damage or injury occur? (Include city and county) Sunset Athletic Park 665 Sunset Rd. , Brentwood, Contra Costa Co. 3. How did the damage or injury occur? (Give full details; use extra paper if required) Coley LAfAEf4mL7.Lias •1 ucv4DiNC, ON A..PLASC1C,SUDS W '> PA9K-.11 E e LAM J'►LTFJ�)1CALJ61 L-7 Cpay To'�n,l fio��� 4CtDUND 4. 'What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 'RIM suqeq.vt5oP, BARR.y J-&�5Sc)►-1 AD,619ED PWFM"s C#AE sL 1 r>r. was 1 t��r A11 L �Rrotra 5 What are the.names of county or district officers, servants, or employees causing the damage or injury? '�N.rRA.�os,r<,C ,:, C1r� Y� 1 Q;F��►JTi,3D 0 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) k�p apL ►J (c LAaS 3) A-z&k%TTEb 2 -D&yp I KJ 4I6SP - 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) S. Names and addresses of witnesses, doctors, and hospitals: QvwF_ss; 3ARRy MARc-�oA 2261 -�lk��►SWa�I "PCDEt. B, f3R�NTG�00D�CA zj13 (429) 5l(fl" W51 KAIqr_=Q_" �Osp _ 9. List the expenditures you made on account of this accident or injury: ()IJX nMWA) 4--t DATE TIME AMOUNT Boa a ass a am a a a a am am a a a s an no an am a a amps■.a an a s Mona a am a a a a a ass a s a am ass e MEN as a a a a a a c a a ME a I ) .Gov. Code Seca 910.2 provides "The claim shall be ) signed by the claimant or by some person on his )behalf." SEND NOTICES TO: (Attorney) 1 Name and..address of Attorney (Claimant Signature) 172$3 e;"P- eT ) AAywaab,CA g464t ) 737 3>✓tl n .oma C--r. (Address) Telephone No. (5lD) 88(0-1996 )Telephone No. C9a5) 5l6-S9 l8 ■aaass 0amus■aaasaaa0.ssUna anaanXasssaamaam0asaes ass aMEN aasone aamasOEM MEN aam0amInn amaaI PUBLIC PUECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, add'endums, or supplements attached to the claim form, including medical records, are also subject to public disclosure, a s a 4 n a a a a a is a a a a s a a a a a a a a s a a s a a a a a s s a a a a s a a a s a s a a a a a s s s a a a a a s a.a a a s a a a a a s a a a a a it a a It a a t 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 dollars ($1,000.00), 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. s cr- 0 co U) ir- LU O 4J C3 i @oow 0 OQ r1Yt� z p� Qz W Z a 1 rCON O � � N O !� � 'CS a C:) ad W C� w cn LLJ } it; o w cJ N F++ e1 W to W �a' Y 6` 4 CD O Y d a o a O � W, a CLAIM . BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 2 • BOARD ACTION: FEBRUARY 07/06 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 claim by the Board of Supervisors. (Paragraph IV below), given ���� 5 L�r�� Pursuant to Government Code Section 913 and COUNTY COUN r-L 915.4. Please note all "Warnings". IN AAN9 M01NT3.*- REIN JURISDICTION AMOUNT: WOULD REST IN THE SUPERIOR COURT, UNLIMITED JURISDICTION CLAIMANT: ORLANDO ORTEGA STAN GASPER ATTORNEY: CASPER, MEADOWS., SCHWARTZ & COOK DATE RECEIVED: JANUARY 05, 2006 2121 N. CALIFORNIA BLVD. , #1020 ADDRESS: WAI.NJANUARY 05 UT CREEk9 Q 94596 BY DELIVERY TO CLERK ON: 2006 BY MAIL POSTMARKED: JANUARY 04, 2006 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JANUARY 05 2006 JOHN SWEET N Dated: ' By: Deputy II. MOM: County Counsel. TO: Clerk of the Board of Superilsors (,*Phis claim complies substantially with Sections 9.1-0 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 laie claim (Section 911.3). O Other: Dated: _ /�S-d By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. ARD ORDER: By unanimous vote of the Supervisors present: (✓This Claim is rejected in full.. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Date G� A' !�4 OHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code se ion 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated. ,400'90*OHN SWEETEN, CLERK By Deputy Clerk BOARD OF SUPERVISORS OF CONTRA CU,1A INSTRUCTIONS TO CLAIMANT i A. A claim relating to a cause of action for death or for injury to person or io personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) i 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 s See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form.' vn,aaeaeaavaaaaaaaraa••aaa0aoaaar0IsWeaaaasaaeaaaaaaaaa9aaaa•a(aaeaaanaaaeaaaaaovaI RE:. Claim By: oRLMO ORTEGA Reserved for Clerk's filing stamp c/o Stan Casper Casper, Meadows, Schwartz & Cook 2121 N. California Blvd, #1020 ). Walnut' Creek, CA 94596 RECEIVED Against the County of Contra Costa,9& JAN 0 5 2006 District) (Fill in the name) CLERK BOARD C'" CONTRA 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:*in an amount wherelu jurisdiction would rest in. the .superior Court, Unlimited Jurisdiction. 1. When.did the damage or injury occur? (Give exact date and hour) July 15, 2005 2. Where did the damage or injury occur? (Include city and county) Contra Costa County Detention Facility, Martinez, California. 3. I Iow did the damage-or injury occur? (Give full details; use extra paper if required) See Attachment to Claim 4. What particular act or omission on the part of county or.district officers, servants, or employees caused the injury or damage? See Attachment to Claim. 5 What are the names of county or district officers; servants, or employees causing the damage or injury? Unknown at this time. 6. What damage or in do your claim resulted? (Give full extent of injuries or damages, claimed. Attach two estimates for auto damage.) Loss oflove, comfort, society, , companionship, protection, solace, affection, and moral support. + 7. How was the amount claimed above .computed? .(Include the estimated -amount of any prospective injury or damage.)Damages are in an amount wherein jurisdiction would rest in. the Superior Court, unlimited Jurisdiction. 8. Names and addresses of witnesses, dociors, and hospitals: ' Unknown at this time. I . 9. List the expenditures you made on account of this accident or injury: DATE TfME AMOUNT � July 16, 2005 Funeral and burial expenses (undetermined at this time) o9ao9aa0aaa9aoeose*now eoeam"ooaoo9eoeoea000eaeaamaaoaeaaoraoo■.go.weaDon so0a-eoao.oeoi + Gov, Code Sec. 910.2 provides"The claim.shali be signed by the claimant of by some person on his i behalf"• I SEND NOTICES TO: (Attorney) ) Name and address of Attorney ) .Stan Casper ) hK callleo�� Casper, Meadows, Schwartz Cook) (Claimant's Si e) 2121 N. California Blvd, #1020 ) Walnut Creek, CA 94596 ) '! (Address) :I Telephone No. 925/947-11-47 ) Telephone No. • Ii 9a@a0.000noa0a6aaaao ram aaO.aaa'aae.aama"Dana@aAla aaDam off•n990OaDOD■a aa•'a■D Is aeOaaaaaOyu aift PUBLIC RECORDS NOTICE: Pleas6 be advised that"this claim form, or any claim filed with the County under the Tort Claims Act, is subject to .public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.).Furthermore, any attachments, addendums, or supplements attached to.the claim form, including medical records, are also,subjectto public disclosure. aammcoe0000000amgoes oaeoaaoeaea000a9aosaao0Roseman 000eoae0000aoaoeaaeaooa000aoaceeeat 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 nay 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 dollars ($1,000.00), 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. Claimant: Orlando Ortega Attachment to Claim I Claimant's Decedent, Michael Ortega (DOB: 10/17/58), was given access to dangerous instrumentalities with which to do himself harm, as well provided the opportunity to do himself harm, at a time when employees and agents of the Detention Facility knew, or should have known, that Michael Ortega was suicidal, resulting in Michael Ortega's committing suicide at the Detention Facility. 4. At all relevant times while Michael Ortega was an inmate at the Contra Costa County Main Detention Facility, he was so negligently and carelessly confined, assigned, treated, classified, managed, controlled, supervised, and cared for so as to proximately result in the injuries and damages above-described. At all relevant times during his commitment to the Main Detention Facility, Claimant's Decedent, Michael Ortega, was examined and treated by healthcare providers who were the agents, servants, and employees of Contra Costa County, and who negligently and carelessly treated, diagnosed, examined, classified, assigned, confined, and otherwise cared for Michael Ortega so as to proximately result in the injuries and damages to Claimant's Decedent as set forth above. ANDREW C.SCHWARTZ Certified Civil Trial Specialist/ LAW OFFICES OF National Board of Trial Advocacy CASPER MEADOWS SCHWARTZ & COOK � 7 TEL: (925)947-1147 STAN CASPER A PROFESSIONAL CORPORATION Certified Civil Trial Specialist/ CALIFORNIA PLAZA FAX: (925)947-1131 National Board of Trial Advocacy 2121 NORTH CALIFORNIA BOULEVARD SUITE 1020 EMAIL: INFOaCMSLAW.COM MICHAEL D.MEADOWS WALNUT CREEK,CALIFORNIA 94596-7333 LARRY E.COOK THOM SEATON January 4, 2006 Clerk of the Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 Re: Claim of Orlando Ortega Dear Clerk: Enclosed please find an original and three copies of a Claim Against the County of Contra Costa. In the envelope provided, please return one copy marked "received" for our records. Thank you for your courtesy and cooperation. Sincerely, Sandra L. Fritts Legal Assistant to Stan Casper /slf Enclosure ' o ti tQt. C)c tom. Q. ct 4i w, LU V 2. f \ 3: C3 (o 0 W O uj Cl) Z CCt ui 70 Q r� m C O 46 .a a � (�, � C3 a' - Z7 co U 4 '..".. m rt• .Y a + 0 In Cu C3 Q - �p a, z 0 r ° 4 ° a Nu 'O"Q a � U W\� N � U CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: FEBRUARY 07/06 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 claim by the . ; , ' .y, • Board of Supervisors. (Paragraph IV below), given ' - JAN1 0 Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". COUNTY COW�21. AMOUNT:' ACCCRD'ING�TC'.1PROOF MARK SOLOWAY; and'MARK SOLOWAY as CLAIMANT: 'TRUSTEE OF THE SOLWAY FAMILY LIVING TRUST ATTORNEY: JAMES G. LUCIER DATE RECEIVED: JANUARY 05/06 CLAPP, MARONEY, BELLAGAMBA BY DELIVERY TO CLERK ON:JANUARY 05/06 ADDRESS: AND VUCINICH 15 SOUTHGATE AVENUE, STE. 200 DATE UNKNOWN DALY CITY, CA 94015 BY MAIL POSTMARKED: FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JANUARY 05 2006 JOHN SWETVZLA_� Dated: By: Deputy II. FkOM: County Counsel. . TO: Clerk of the Board of Supe isors ( his 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). O Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) O Claim was returned as untimely with notice to claimant(Section 911.3).• IV. 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- 4Z40,0,05*JOHN SWEETEN, 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 This Notice. ' AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that.today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated^e''y,' edi -Z00XJOHN SWEETEN, CLERK By Deputy Clerk 11 (�GbbJ 1 J:e44 l.U1Y I KH 1.U5 I H I.UUIY 1 T L-Lr-Mr, U(' I r1r- 71OJYJ(J6GG77 IYU.JGa IyYJG BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. 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 govemed 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.' eaeeoeeeee.reeeeeseaeeiresoes2aaeeoseaoee0easeoeeeeaeageoeeseallseaaswo■.�oe■se; i RE: Claim By: Reserved for Clerk's filing stamp Mark Solloway, and Mark Soloway As ) c Trustee of thgsni Q — g, ;,.. z4virtg Ttaztj j RECEI Against the County of Contra Costa or District) SAN 0 ,� (FiU in the name) ) CLERK BOARp OF CONTRA COSTPERvisdi, A Co. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the stun of$according to pad.in support of this claim represents as follows: proof I. When did the damage or.injury occur? (Give exact date and hour) Itee-Attachment 'A" 2. 'Where did the damage or injury occur? (Include city and county) See Attachment "A" .3. How did the damage or injury occur? (Give full details; use extra paper if required) See Attachment "A" 4, What particular act or omission on the pan of county or district officers, servants, or employees caused-the injury or damage? Dangerous condition of public property. 5 What are the names of county or district officers, servants, or employees causing the damage or injury? Unknown at this time. _moi VI' GV VJ .J.` �.Jii 6. What damage or injuries do your claim resulted? (Give full extent of injuries or, damages claimed. Attach two estimates for auto damage.) See Attachment "A" 7. . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Not Applicable 8. Names and addresses of witnesses, doctors, and hospitals: Mark Soloway and Lynn Soloway, 19 Patricia Road, Orinda, California 94563 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT According to proof at trial. a as a 4 of.6so base*goods asses so 0 agog 0 al ease 911114491111 Gagne a sea ss aswaste of Gov. Code Sec. 910.2 provides"The claim shall be signed by the claimant or by some person on his behalf." SEND NOTICESTO: (Attorney) Name and address of Attorney )- James James G. Lacier, Esq. � ) Clapp, Moroney, Bellagamba } (CI is Sianature} and Vucinich ), es G Lacier Attorney- for -Mark�oloway_an�3 Mark Soloway as Trustee of the Soloway Family Living Trust 15 Southgate Ave. , Suite 20d ' Daly City, CA 94015 (Address )- J Clapp Mbroney Bellagamba vucinich 15 Southgate Ave, Suite 200, Daly City, CA 94015 ) Telephone No.QSn-,9g-1 i Qq )Telephone No. 650-758-1199 ass.ssa................................s.a............sas■seess.■s/sees.ss■•eas/sesar PUBLIC RECORDS.NOTICE: Please be advised that this claim form,or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Recards Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, addendume,or supplements attached to the claim form, including medical records; are also subjget to public disclosure. •.eeeees.eeeei/t//////a/a///////aa//■///a//ee/a■//feeeaveee■ee■e■/eesefe/■.e.ee.eea., NOTICE: Section 72 of rhe Penal Cade 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 dollars (SI,000.00), 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. ATTACHMENT "A" CLAIM AGAINST PUBLIC ENTITY [Gov. Code §§ 901, 905, 910, 910.2] VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED TO: The County of Contra Costa, California Mark Soloway and Mark Soloway as Trustee of the Soloway Family Living Trust, hereby make claim against the County of Contra Costa, California, and make the following statements in support of the claim: TO: Office of the Clerk of the Board of Supervisors Contra Costa County 651 Pine Street, Room 106 Martinez, CA 94553 CLAIMANTS: Mr. Mark Soloway and Mark Soloway as Trustee.of the Soloway Family Living Trust 19 Patricia Road, Orinda, CA 94563 NOTICE TO CLAIMANTS' COUNSEL: James G. Lucier, Esq. Clapp Moroney Bellagamba&Vucinich 15 Southgate Avenue - Suite 200 Daly City, CA 94015 (650) 758-1199 CLAIM: Claimants demand that the County of Contra Costa provide equitable indemnity and comparative contribution to Claimants for alleged damage to real property located on a hillside adjacent to the Claimants' home on Patricia and Beatricia Road, Orinda, CA. DATE OF THE ACCIDENT OR OCCURRENCE: The alleged damage to property purportedly occurred on January 1, 1997, and has allegedly continued until the present. However, the date of accrual of the Claimants'cause of action against the County of Contra Costa for equitable indemnity is the date that the operative complaints were served on the Claimants per Government Code §901. Claimants were served with the complaint in Contra Costa County Superior Court Case No. C05-02011 on October 9, 2005, a true and correct copy of which is attached hereto as Exhibit 1. Claimants were served with a first amended complaint in Contra Costa County Superior Court Case No. C05-00552 on November 21, 2005, a true and correct copy of which is attached hereto as Exhibit 2. G:\Data\DOCS\0029\03545\GovClaim-CoCo.wpd PLACE OF THE ACCIDENT OR OCCURRENCE: The alleged damage to real property purportedly occurred to multiple parcels of real property located in the City of Orinda, which were purportedly owned by Alexandra and Constantine Skoumbas. The lots are identified as APN 273-100-049, 273-100-039, 273-100-038, 237-100- 030, 273-100-024, 237-100-025, 273-100-026, 273-100-040, 273-100-07, 237-100-041, 273- 100-042, 273-100-043, 273-100-044, 273-100-044, 273-100-045, and 273-100-046 (hereinafter collectively referred to as the "Subject Properties"). GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE: The Claimants were named as defendants in two lawsuits filed by Alexandra and Constantine Skoumbas in Contra Costa County Superior Court, Case No.'s C05-00552, and C05-02011. The operative complaints in each case are attached hereto as Exhibits 1 and 2 respectively, and said operative complaints are incorporated herein by reference for informational purposes only, the specific charging allegations being denied by the Claimants herein. The complaints attached as Exhibits 1 and 2 allege that from at least January 1, 1997 to the present, multiple parties including the City of Orinda, Contra Costa County,the Claimants, and others, owned, operated, controlled, and maintained,their storm drain facilities so that water was being discharged from a storm drain and on to the Subject Properties, causing damage. The Skoumbas' are seeking general and compensatory damages for the alleged injury to their property, including diminution in value and loss of use. Claimants deny that they are responsible for damage to the Subject Properties, and allege that others, including the City of Orinda, the County of Contra Costa, and neighboring homeowners are responsible for said damages, if any there were. Claimants demand that the the County of Contra Costa defend, indemnify, and hold them harmless from those claims and damages being asserted by the Skoumbas in the complaints attached hereto as Exhibits 1 and 2. As the Skoumbas' allege that the County of Contra Costa was a significant contributing factor to the cause of the alleged damage to the Subject Properties, Claimants request that the County of Contra Costa provide equitable indemnity and comparative contribution for such damages. AMOUNT OF CLAIM: The claim is based upon equitable indemnity and comparative contribution arising from dangerous conditions on property and damage to real property, among other damages, in an amount sufficient to put the Claim within the jurisdiction of the Superior Court, and according to proof. Respectfully submitted, G:\Data\DOCS\0029\03545\GovClaim-CoCo.wpd Dated: January 3, 2006 James G. cier Clapp, Moroney, Bellagamba& Vucinich Attorney For Claimants (650) 758-1199 G:\Data\DOCS\0029\03545\GovClaim-Orinda.wpd 1 Nick T. Reckas (SBN 6795) LAW OFFICES OF NICK T. RECKAS 2 336 Bon Air Center, #296 Greenbrae, CA 94904 -_:A_ 3 Telephone: (415) 464-4913 Facsimile: (415) 464-9801 � r. 4 i2 Attorney for Plaintiffs s Alexandra G. Skoumbas and PER LOCALR' LIL E 51M§ Konstantine S. Skoumbas -CASE ISD TO DEPT- -" 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA - UNLIMITED JURISDICTION 10 _ 11 Alexandra G. Skournbas and ) Case Qo4 02011 12 Konstantine S. Skoumbas, COMPLAINT.IN INVERSE Plaintiffs, . ) CONDEMNATION AND FOR ts' ) DAMAGES, TEMPORARY 14 v ) RESTRAINING ORDER, AND PRELIMINARY AND PERMANENT 15 The County of Contra Costa The City of INJUNCTON BASED ON COMMON } LAW AND STATUTORY NUISANCE Orinda, Eric V• Jorgensen and Laura C. ) AND TRESPASS TO LAND 16 Jorgensen, Mark R. Levie, Gail M. Levie, ) 17 The Levie Family 2004 Trust, Mark ) Soloway, The Soloway Family Trust, and 18 Does 1 through X, ) SUEih{OI,S SUED 19 Defendants. } 20 21 FIRST CAUSE OF ACTION 22 (Continuing Nuisance Against All Defendants) 23 24 1 . Plaintiffs Alexandra G. Skoumbas and Konstantine S. Skoumbas ("Plaintiffs"), at 25 all times mentioned herein were the owners and in possession and control of certain 26 parcels of undeveloped land located near Patricia Road and Beatricia Road in the City of 27 Orinda, County of Contra Costa, California. The Plaintiffs' lots are identified as APN: 28 273-100-049, 273-100-039, 273-100-038, and 273-100-030. 1 COMPLAINT FOR DAMAGES BASED ON COMMON LAW AND STATUTORY NU)SANCEAND TRESPASS TO LAND 1 2. Defendant County of Contra Costa is, and all times mentioned herein 2 was, a county duly organized and existing under the laws of the State of California. 3 3. Defendant the City of Orinda is, and at all times mentioned herein was, a 4 chartered city, duly organized and existing under the laws of the State of California and 5 situated in the County of Contra Costa. 4. Defendants Eric V. Jorgensen and Laura C. Jorgensen are husband and 6 wife and were the owners of that piece of real property located at 16 Candlestick 7 ' Road, Orinda, CA 94563. 8 5. Defendants Mark R. Levie and Gail M. Levie are husband and wife. Prior 9 to January 16, 2004, the Levies were the owners of that piece of real property located 10 at 21 Candlestick Road, Orinda, CA 94563. On January 16, 2004, the Levies formed 11 the Levie Family 2004 Trust and conveyed all right, title and interest to their residence 12 to the Trust. 13' 6. At all times relevant herein from April 1, 1999 until August 29, 2002, 14 Defendant The-Soloway Family Trust was the owner of that single family residence located at 19 Patricia Road, in the City of Orinda, CA 94563. On August 29, 2002, 15 the.Soloway Family Trust, acting by its trustees Mark Soloway and Lynn Soloway, or 16 . their successors in trust conveyed all its right, title and interest to the residence located 17. at 19 Patricia Road to Mark Soloway, a married man as his sole and separate property. 18 7. The true names or capacities, whether individual, corporate, associate, or 1.9 otherwise, of Defendants Does I through X are unknown to.Plaintiffs, who therefore 20 sue such Defendants by such fictitious names, and will amend this complaint to show 21 their true names and capacities when ascertained. Plaintiffs are informed and believe 22 and thereon allege that each of the Defendants designated as a DOE is responsible in 23 some manner for the nuisance and trespasses herein referred to and thereby proximately caused the damages to the Plaintiffs as herein alleged. 24 8. Plaintiffs are informed and believe and thereon allege that at all times 25 herein mentioned each of the Defendants was the agent and employee of each of the 26 remaining Defendants, and in doing the things hereinafter alleged, was acting within 27 the course and scope of such agency and employment. 28 2 COMPLAINT FOR DAMAGES BASED ON COMMON LAW AND STATUTORY NUISANCE AND TRESPASS 70 LAND 1 9.. At all times mentioned herein Defendants thPCounty of Contra Costa, the 2 City of Ortnda, Eric V. Jorgensen and Laura C. Jorgensen, Mark R. Levie, Gait M. Levie, 3 The Levie Family 2004 Trust, Mark Soloway, The Soloway Family Trust and Does I 4 through X owned, operated, controlled, repaired and maintained the storm drain 5 facilities located at or near Candlestick Road in the City of Orinda, County of Contra Costa. 6 10. From'at least Januaryi,1997 and continuing to the present time, 7 Defendants, and each of them, have so carelessly and negligently owned, operated, $ controlled and maintained their storm drain facilities located at or near Candlestick 9 Road so that water is continually being discharged from Defendants' storm drain 10 facilities onto Plaintiffs' land causing soil erosion and damage to Plaintiffs' property. 11 11 . The aforementioned ownership, use, and maintenance of the storm drain 12 facilities of Defendants, and each of them, constitutes a nuisance within the meaning 13 of Section 3479 of the Civil Code in that it was and is injurious to Plaintiffs' land and 14 interfered with the comfortable use and enjoyment of the land. 12. On or about May 6, 1997, Plaintiffs gave notice to Defendants of the 15 damage caused by the continuing nuisance to their property and requested its 16 abatement, but Defendants, and each of them, refused and continue to refuse to abate 17 the nuisance.. 1B 13. Defendants, and each of them, have threatened to and will, unless 19 restrained by this court, continue to maintain the nuisance and continue the acts 20 complained of, and each and every act has been, and will be, without the consent, 21 against the will and in violation of the rights of Plaintiffs. 22 14. As a proximate result of the nuisance created by the defendants and each 23 of them, the value of Plaintiffs' property has been diminished by $1,000,OOD and unless the nuisance is abated, Plaintiffs' property will continue to diminish. 24 15. As a further proximate result of the nuisance created by the defendants, 25 and each of them, Plaintiffs have been, and will be, damaged in a sum presently 26 unknown to Plaintiffs to correct the damage caused to their property. 27 28 3 COMPLAINT FOR DAMAGES BASED ON COMMON-LAWAND STATUTORY NUISANCEAND TRESPASS TO LAND 1 16. As a furt Ir proximate result of the nuisanc reated b Defendants and Y 2 each of them, Plaintiffs have been caused to sustain mental distress and emotional 3 upset to their respective general damages in a sum which pursuant to C.C.P. § 425.11 4 is not stated and will be later stated for each Plaintiff according to proof. 5 17. Unless defendants, and each of them, are restrained by order of this court, it will be necessary for Plaintiffs to commence.many successive actions against 6 defendants, and each of them, to secure compensation for damages sustained, thus requiring a multiplicity of suits, and Plaintiffs will be periodically threatened with rain 8 water being discharged on their land from defendants' drainage facilities. 9 18. Unless defendants, and each of them, are rest4ned from continuing their 10 course of conduct, Plaintiffs will suffer irreparable injury in that the usefulness and 11 economic value of Plaintiffs' property will be substantially diminished and Plaintiffs will 12 be deprived of the comfortable enjoyment and use of their property. 13 19. Plaintiffs have no plain, speedy, or adequate remedy at law, and injunctive relief is expressly authorized by Sections 526. and 731 of the Code of Civil Procedure. 14 15 20. In maintaining the nuisance, defendants, and-each of them, are acting with full knowledge of the consequences and damage being caused to Plaintiffs' 16 property, and their conduct is willful, oppressive, and malicious; accordingly, Plaintiffs 17 are entitled to punitive damages against defendants, and each of them. 16 21 . On April 1 , 2005, Plaintiffs presented to Defendant The County of Contra 19 Costa by delivering a claim to the clerk of the Board of Supervisors for the damages 20 and losses suffered and incurred by them by reason of the above-described nuisance 21 and/or occurrences, all in compliance with the requirements of Gov. Code§ 905. A 22 true and correct copy of the claim is attached hereto as Exhibit "A" and made a part 23 hereof. 24 22, On or about April 14, 2005, Defendant the County of Contra Costa through its clerk gave notice of late-filed claim, a true and correct copy of which is 25 ' attached hereto as Exhibit `B 26 23. On or about April 1, 2005, Plaintiffs presented to Defendant the City of 27 Orinda by delivering a claim to the city clerk for the damages or losses suffered by 28 4 COMPLAINT FOR DAMAGES BASED ON COMMON LAW AND STATUTORY NUISANCE AND TRESPASS TO LAND 1 Plaintiffs b reason Ahe above-described nuisance, all icom fiance with theYp . 2 requirements of Government Code Section 905. A true and correct copy of the claim 3 is attached hereto as Exhibit "C" and.made a part hereof. 4 24. Defendant the City of Orinda failed to act on the claim within the period of 5 45 days after its presentation, and the claim was thus deemed rejected under the 6 provisions of Government Code Section 912.4, at the expiration of the 45-day period, to wit, on May 16, 2005. 7 WHEREFORE, Plaintiffs pray judgment against Defendants, and each of them, as $ hereinafter set forth. s SECOND CAUSE.OF ACTION 10 (Continuing Trespass to Property Against All Defendants) 11 25. Plaintiffs incorporate by reference paragraphs 1 through 24, of the First 12 Cause of action, and reallege.the same as though fully set forth herein. 13 26. On or about January 1, 1997 and continuing until the present, Defendants 14 and each of them, wrongfully and unlawfully caused storm drain water to be discharged on Plaintiffs' land by their storm drain facilities located at Candlestick Road 15 in the City of Orinda, County.of Contra Costa thereby eroding the soil and severely 16 damaging the Plaintiffs' property. 17 27. As a proximate result of Defendants' storm drains 'continually discharging 18 water on Plaintiffs' land, Plaintiffs' property has been severely damaged thereby 19 diminishing its value. 20 WHEREFORE Plaintiffs pray judgment against Defendants, and each of them, as 21 hereinafter set forth. 22 THIRD CAUSE OF ACTION 23 (Inverse Condemnation Against the County of Contra Costa and.the City of Orinda) 24 28. Plaintiffs incorporate by reference Paragraphs 1 through 27, of the First 25 and Second Causes of Action, and reallege the same as through fully set forth herein. 26 27 28 5 COMPLAINT FOR DAMAGES BASED ON COMMON LAW AND STATUTORY NUISANCE AND TRESPASS TO LAND 1 29. Defendants The County of Contra Costa anThe City of Orinda own, 2 operate and control the storm drain system located at Candlestick Road which is in 3 close vicinity to Plaintiffs' property. 4 30. The continuing and intermittent discharge of rain water on Plaintiffs' land 5 causes a substantial interference with the use and enjoyment of Plaintiffs' above- described property, which amounts to a taking and damaging of the property for which 6 defendants The County of Contra Costa and the City of Orinda have not compensated 7 Plaint iff s. 8 31. The continuing discharge of rain water on Plaintiffs' land has caused a 9 reduction in the market value of Plaintiffs' property in the amount of $1 ,000,000. tic 32. Plaintiffs have incurred and will incur attorneys' fees, appraisal, and 11 engineering fees because of this proceeding, in an amount that cannot yet be 12 ascertained, which are recoverable in this action under the provisions of Code of Civil 13 Procedure§ 1036. 14 WHEREFORE, Plaintiffs pray judgment against Defendants, and each of them, as follows: 15 Under the First and Second Causes of Action 1s 1 . For a preliminary and a permanent injunction enjoining Defendants, and 17 each of them, and their agents, servants, and employees, and all persons acting in 18 concert with, or for them from discharging water from their drainage facilities onto 19 Plaintiffs' land thereby disturbing Plaintiffs' comfortable enjoyment of their property. 20 2. For the diminished value or the cost to repair Plaintiffs' property resulting 21 from the physical damage caused by the water intrusion and defendants' refusal to 22 discontinue the nuisance and the continuing trespass; 23 3. Damages for interference with the use and enjoyment of Plaintiffs' land; 2d 4. General damages in an amount to be proven at trial for mental distress and , emotional upset. 25 5. Punitive damages according to proof; 26 27. 26 s COMPLAINT FOR DAMAGES 13ASED ON COMMON LAW AND STATUTORY NUISANCEAND TRESPASS 1'0 IAND 1 Under the Third Cause of Action 2 6. For damages in the amount of $1,000,000 with interest thereon at the 3 legal rate from the date of the damages; 4 7. 'For reasonable attorneys, appraisal, and engineering fees according to 5 proof; Under All Causes of Action 6 8. For costs of suit herein incurred; and 7 9. For such .other and further relief as the court may deem proper. 8 -9 LAW OFFICES OF NICK T. RECKAS 10 Dated: By l 12 ick T. Reckas, Attorney for Plai tiffs 13 Alexandra G. Skoumbas and Konstantine Skoumbas 14 15 16 ' 17 18 19 20 21 22 23 24 25 26 27 28 7 COMPLAINT FOR DAMAGES BASED ON COMMON LAW AND.STATUTORY NUISANCE AND TRESPASS TO LAND 130ARD 0-F SUPERVISORS OF CONTRA COSTA COUNTY TN_ S 'CTIONS TO CLAIMANT A claim relating to a cause of action for death or for injury to person or to personal-property or ` . growing crops shall be presented not later than six months after the accrual of the cause of action. A c4iim relating to any other cause of action shall be presented not later then one year after the accrual of the muse of action.' (Gov. Code §.911.2.) 3. Claims must be filed with the Clerk of the Board of Supervisors at its office in Doom 106, County Administrdtion Building, 651 Pine Street,Martinez,CA 94553, C, if claim is against a district governed by the Board of Supervisors, rather than the County,.the name of the District should'be filled in. D. if the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims,Penal Code See. 72 at the end of this form. ..■w.■■.■■■rrr■.■■r■■rrr'.■■■■■■■Dogr6■rrrr■■PON.■■ r■■■r■■r■■.r■■.■...■■■1 RE: Claim 13y. Reserved'for Clerk's riling stamp Konstantine S . Skoumbas and } .,p�7_exandr�C;_ Ckn„mhag ) ) Against thu County of Contra Costa or ) RECEIVED } APR 0 2005 District) (Fill in'the name) ) CLERK BOARD OF SUPERVISKS CONTRA COSTA CO, The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sukli of$-1 , 0 00. 000 and in support of this claim represents as follows: 1. Whcn did the damage or injury occiv? (Give exact date and hour) Please see Exhibit A, attached hereto. 2. Wherc did the damage or injury occur? (Include city and county) Pte see Exhib.it 'A attgc�jed hh et 3. How�ic the damage.or injury occur, lD�ive Waietails;use extra paper if required) Please see Exhibit_ A attached hereto. 4. What particular act or omission on the part of county or district off cers, servants, or empinyees cawed the injury or damage? See claimants ' response to item 3, above. 5 What arc the Barnes of county or district officers,servants.or employees causing the damage or injury? unknown at this time. 6. What damage or i.njuri.esyour claim resulted? (Give full ex of injuries or damages claimed. Attach two estinos for auto damage.) Please see Exhibit A attached hereto, 7. How tivas the amount claimed above computed? (include the estimated anrrount of any prospective injury or damage.) Please see Exhibit A, attached hereto. 8. Names and addresses of witnesses,doctors,and hospitals; Please see Exhibit A, attached hereto. h. List the expenditures you made on account of this accident or injury: QA'FE TIME AMOIXT ■.....r...ad.rr....�.d.rr.o■..r..................rod.rrr a r rgo..ra.rr.so. r............ Gov. Code Sec. 910.2 provides"The claim shall be }signed by the claimant or by some person on his behalf." SEND NOTICES TO; (Attorney) LAW .F� CES OF NICK T. R name and address of Attomey ) Nick T. Reckas ) (Claimant's Signaturc) Law Offices of Nick T. ) Nick T. Reckas Reckas )Attorney for Konstantine S. Skoum as 336 Bon Air Center, #296 randAlexandr Ad ress Greenbrae, CA 94904 ) )3123 Stanley Boulevard \ )Lafayette, CA 94549 ) Telephone Nr.). 5-4 )Telephone No. 9t- 25 938-1452 ■..u.r...r.Wade one"...d won rrr i r r o r r r r o r r r r o....r r a a r.rrrr rood rrr...■..%.r..r PUBLIC RECORDS NOTICE: Please be advised that this claim form,nr any claim filed with the County under the Tort Claims Act, is subject to public disclostire under the Callfomia Public Records Act. (Gov. Code, 59 MU et seq.) Furthcrnutre, any attachments,addendutns, Lir supplements attached to the claim form, including medic.nl records, are also sub.ieut to public,disclosure. ■...r..a r o m a s..ago.goods 0 5rrr r r r r r r r r..rrrr■■r r r r r a a■r r r r r r.rsoon...Ma■■rrr r r.rrr o r s NOTICE: Section �3�flhe i'erlal (:Ode�Irrrwides: F•very person who,.with intent to defraud, presents for allowance or for payment to any state board or officer,or M any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or friudule.nt claim, bill, acecunt voucher, or writing, is punishable either by imprisonment in the County jail for a perinil of not more than one year, by a fine or not exceeding one thousand dollars ($I,000.00), or by both such imprisonment and fine, or by imprisonnter,t in the state prison, by a fine of not exceeding ten thousand dollars (Slo,ouo),01 by both such imprisonment and fine. _ EXHIBIT A l. The injury to claimants' property is ongoing and continuing. The damage commenced to occur on January 1, 1997 and has continued until the present. 2. The damage or injury to claimants' property occurred at Patricia Road and Beatricia Road in the City of Orinda,County of Contra Costa, California, The claimants' lots which arc continually sustaining damage as a result of(lie county's wrongful acts are identified as: APN:273-100,049,273-100-039,273-.IDD-038,and 273-100-030 3. The damage or injury to claimants'property occutred as a direct result of the county's negligent failure to properly maintain its storm drain facilities located at Candlestick Road in the City of Orinda,County of Contra Costa, thereby allowitig water to be continually discharged on claimants' land which in turn, erodes the soil and grossly disfigures the claimants' land and diminishes its value. 6. Diminution in value of claimants' real property or the cost to repair the property to its original condition;damages for interference with the use and enjoyment of t.hc claimants' property as well as damages for emotional distress. 7. The amount being claimed is the difference between what the clainiant.s' property would have been worth had it not been disfigured as a result of the county's wrongful acts and its fair market value in its present damaged condition or the cost to repair whichever is lesser. Additionally,claimants have sustained damages for interference with the use and enjoyuncnt of their property as well as damages.for emotional distress. 8. Konstantine Skoumbas,Alexandra Skoumbas 312; Stanley Boulevard Lafayette, CA 94549 Robert Pykc Consulting F-tZgi2iecr 1076 Carol Lane., Suite 136 Lafayette, CA 94549 John Lisenko, P.E. 26 Orinda Way Orinda,CA 94563 John L. Snyder 20 Patricia Road Orinda, CA 94563 . The Board of Superl'iSors Contra� � ry.crl:orlE,r.I1i,;inf Costa (•�Qllll[�'Atlnlinistrltirnt Building ' CuoWy,Miminis6atnr 65F?itic stroll.Room 106 County %fartincz.Califorlti.l Ui53�}p(g .lulu,Giola.Dielfid I C;a�lr 1i.ililitema.Distnat ll Alan'Plepho.District III MurL nrSauluier.District IV Federal D.Clover, District V ' "• UN's' TO: Nick T. Reckas Law Offices of Nick T. Reckas 336 on Air Center, # 296 Greenbrae, CA 94904 RE: Claim of Konstantine S. Skoumbas and Alexandra G. Skoumbas 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 1, 2005, has been reviewed by County Counsel and is being returned to you herewith because: X Your claim for an injury to person or personal property was not presented within six months of the event or occurrence as required by law. (See Government Code sections'901 and 9.11.2) _ 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. I Nick Reckas Re: Claim of Skoumbas Page Two 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) Date: APRIL 14, 2005 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator Deputy Cie Enclosure Affidavit of Mailing declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, overage 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: APRIL 14, 2005 Dep4 Clerk IPTOMRISF:MQT.O.AIM\1LATE,Skoumhm.vy0 EXHIBIT C NOTICF OF CLAIM A�r�iNST44i CI`� (UF ORINDA,CAI,IFnRN1A (GovptTtYrtedt��ode�������i��910,9 f 0.2) RETURN 7'O: City Clerk NOS r)II'v -- 1028 City of Orinda P.O.Box 2000 14 Altarinda Road `_' Orinda,CA 94563 CIJ `'4 (925) 253-4221 Claimant's l�tme: Skoumbas Alexandra G first ne N41 Clain afit`sAddress: 3123 Stanley Bouleva_r_d. �- Numbcr Street Lafayette CA 94549 Cc ty © City State ZIP (925) 936-1452 Home Phone Number Work Phone Numbcr Fax Numbel Nam ant] address of person to whom notices regarding this claim should be sent (if di Hererit than the nt to and address proNrided above): Nick T. Reckas, 336 Bon Air Center, _Suite 296, Greenhrae CA 94944; (4151 464-0913 _ Dale of the accidont or occurrence:. Please see Exhibit A attached hereto. Ptaccofae6k,nitoroccurrence-. _Please see Exhibit A attached hereto. Cross-streets, if applicable: General dcse•ription of the accident or occurrence(attach additional pages if more space is needed): Names,if known, of any public employees causing the injury or loss: 2. 4. Names;md.addresses of Witnesses: Name Addrem Phone 1 .e. .se_ attaQhp-d hPret—o. Continue on other side of this form;you'must complete both Sides and then sign this form. �t Names and addresses of doctors who treated and hospitals where injured were treated (if. icahlc): Nainc Address Phone. General description of the loss, injury ordEunagc suffered: Diminution in value of claimants' land or the cost of repair. Damages for interference with the use and enjoVrne'n't­of the claimants proper TY;-OT a emotional distress. Total ainowit claimed(in dollars): $ 1 ,000,000.00 The basis of computing the total amount claimed is as follows: Damages incutrcci tO dale: Medical expenses: .Loss of earnings: Special damages for: a. $ b. C. ('rttarh copies of documents which substantiate these arnounts,if available) • i Me, the undersigned, declare under penally of perjury that Vwe have read the foregoing claim for dam gcs and know the conlenis thereof; that the same is true of my/our own knowledge and belief, save and except as to those matters wherein stated mi informaAaa-and belief,and as to t. errn,,l•1we believe it to be true_ c LAW • FZCRS - NICK..-T— CXA Siwtof claimant NicTa T. Reckas Attorney for Alexai 1r.a G. skou_mb s SignatureoFclainmm and Konstant:ine S. 5koutnbas RECEIVED in the City Clerk's office this— day of D_ 5ignaturc of0ty Clcrk or official City repmscnlativc mcniving Ibis laim FOR CLAIMS RELATED TO INJURY TO PERSON OR PERSONALPROT ERTY, TRIS :FORM MUST BE FILED WITH THE CITY OF ORIN.DA WITH N SIX MONT11S FROM THE ACCRUAL OF THE CAUSE OF ACTION. A CILAIM RELATE)) TO ANY OTHER CAUSE OF ACTION SHALL BE PRESENT M NO LATER THAN ONE YEAR AFTER ACCRUAL OF THE CAUSE OF ACT[. N. r�1 EXAIBTT A Date of the accident or occurrence: The"accident"is ongoing and continuing. Th.e damage commenced to occur on lamiaiv 1, 1997 and has continued until the present. Place.of accideIt or occurrence: The damage al-injury to claimants' real property occurred at Patricia Road and Beatricia Road in the City of Orinda. The claimants' lots which have been damaged are idonti tied as APN: 273-100-049, 273-104-039,273-100-035,and 273-100-030. Gcncral description of the accidence or occurrence: The damage or injury to claimants' real property is occurring as a direct result of the city's negligent failure to properly maintain it%storm drain facilities located at Candlestick Road, in the City of Orinda, County of Contra Costa,thereby allowing water to be continually discharged on claimants' land which in tum, erodes the soil and has grossly disfigured the claimant's land and diminished its value. Moreover, as a result of thcsc ongoing arid continuing conditions,claimants are prevented from developing their property thereby being deprived of its use and enjoyment. Names and addresses of witnesses: I. Konstailtine Skotnnbas,Alexandra Skournbas 3123.Stanley Boulevard Lafayette.CA 94549 2. Robeii:Pyke Consulting Engineer 1076 Carol Lanc, Suite 136 Lafayette, CA 94549 3. John Lisenko,Y.F. 26 Orinda Way Oriada, CA 94563 4. John L. Snyder 20 Patricia Road Orinda. CA 94563 Ouperior Total of California, TmmV of atrtntra (gusto NOTICE TO PLAINTIFFS CASES OF UNLIMITED JURISDICTION All civil actions filed on or after January 1, 1988(except juvenile,probate,domestic relations, unlawful detainer,and asset forfeiture cases under Health and Safety Code Section 11470 et seq.and extraordinary writs)are included in the Courts Civil Trial Delay Reduction Program. Local Rule 5 requires that you meet certain time lines for filing documents which must be strictly observed. Failure to comply with the program rules may result in the imposition of sanctions and witi result in the issuance of an order to show cause why you have not complied. YOU MUST SERVE THE FOLLOWING DOCUMENTS,WHICH YOU WILL RECEIVE FROM THE.CLERK'S OFFICE,WITH THE COMPLAINT,ON ALL OTHER PARTIES: A copy of both sides of this Notice; A copy of the Notice of First Case Management Conference; A blank Case Management Conference Statement;CM-110 A blank Stipulation and Ordet to Continue First Case Management Conference to attend ADR A copy of the Alternative Dispute Resolution(ADR)Information Sheet; Service must be accomplished and proof of service must be filed with the court,within 60 days of filing of the complaint. IN ALL ACTIONS FILED ON OR AFTER JULY 1,1993 CLAIMING DAMAGES FOR PERSONAL INJURY,INCLUDING EMOTIONAL DISTRESS AND/OR WRONGFUL DEATH:,THE PARTIES MUST ALSO COMPLY WITH REVISED LOCAL RULE 5(g),WHICH IS REPRINTED ON THE BACK OF THIS NOTICE. The first case management conference will be held within 140 days of the filing date of the original complaint. The exact date is indicated on the form you received from the Clerk's Office when you filed yourcomplaint. If all parties agree an earlier case management conference may be requested Please contact the Clerk's Office at 646-2801 to re nest assignment to an earlier date. Possible referral of this case to Allemate Dispute Resolution(ADR)will be discussed•at the first case management conference. Examples of ADR programs offered In Contra Costa County are described in the ADR Information Sheet. IT IS IMPORTANT THAT YOU REVIEW THESE ADR PROGRAMS W ITH YOUR CLIENT AND THAT YOU VERIFY THAT YOU HAVE DONE SO ON THE CASE MANAGEMENT CONFERENCE STATEMENT. Use of ADR may increase the possibility of your client's case being resolved at an early,and less expensive,stage of the proceedings. All judges in the Civil Trial Delay Reduction Program are supportive of the use of ADR programs. If you wish to stipulate to ADR In advance of the first case management conference,you may use the attached form"Stipulation and Order to Continue First Case Managemenl Conference-to attend ADR". This form must be signed by all parties and approved by the assigned judge before it is submitted to the Clerk's Office for filing. The Court's Director of ADR Programs is avallable'to consult with the parties prior to the first case management conference to assist In selecting the most appropriate dispute resolution mechanism for your case. You may contact the ADR Director at 646-2127. Cv.655aOT/Rev.1.04 �1 i�tifrertor Tmntrt of 0adifarnta. Tmuq of Ootttra (flouts LOCAL RULE 5(g) (effective.l/1104) (g) Service of Summons, Cross-Complaint Responsive Pleadings and Default Judgments. 1. Counsel are to be familiar with and follow with particularitythe rules set forth In California Rule of Court 201.7 as to service and filing of pleading and proofs of service and the notice of default judgments, 2. Upon failure to serve the complaint and file a proof of service as required, an Order to Show Cause shall issue as to why counsel shalt not be sanctioned for faiium to comply with Rule 201.7. Responsive papers to the Order to Show Cause must be filed and served no less than five(5)court days in advance of the hearing. LOCAL RULE 7(c) (effective 111/04) (c)Tentativ_eRulina. 1.Trie Civil l.ltigatlon Division and the branch courts shall operate a tentative ruling system for law and motion The tentative ruling can be obtained in unlimited)urisdic1k)n cases by calling(926)646-2600,in Richmond branch court cases by calling (510) 374-3313;in Walnut Creek branch court cases by calling(925)646-6015,in Pittsburg branch court cases by calling(925)427-8477,beginning at 1:30 p.m.the court day preceding the hearing, Tentative rulings are also avaiiabie on the court website www.cc-courts,org/tr.htm.(rev 111/04) 2.The tentative ruling will become the Court's ruling unless by 4:00 p.m,of the court day preceding the hearing counsel call the department rendering the decision to request argument and to specify what issues are to be argued. Calling counsel must advise all other .affected counsel and unrepresented parties by no later than 4:30 p.m,of his or her decision to appear and of the issues to be argued. Failure to timely advise the Court and counsel will be preclude counsel from arguing the matter.(Rev 711/00) 3.The prevailing party must prepare an order after hearing in accordance with the requirements of Catifornia Ruie of Court 391,(Rev. i/1101) CV-65UMVRev.t•o4 _ CM-010 AT70RNFY nR PARTY WIT 1IOU r A r1 ORNEY(Name,sMIL D' -"bar.aria aacrus). FOR COURT USr ONLY --� Nick T.Reckas SHIN 67235 LAW OFFiCFS OF NICK T.RECKAS _.. 336 Bon Air Center,92.96 Greenbrac,CA 94904 i _J I TELtYtraNE N{i• (4151464-09'13 FAX No.: (415)464-9801 ATfM-NcvFOR;Nanmt. Plaintiffs Alexandra G.Skoumbas and Konstantine S.Skoumbas SUPERIOR COURT OF CALIFORNIA,COUNTY Or Contra Costa1JJ s REE-rrooress: 725 Court Street 10 MAILING ADDRESS: CITY AND ZIP Ml3rtinez,CA 94553 aR.0.NC1rN_.4ME: Contra Costa CASE NAME: Alexandra G.Skoumbas and Konstantlno S.Skoumbas CIVIL CASE COVER SHEET Complex Case Designation r,�ASE MBCn: Unlimited ❑ Limited [J [] Joinder C 0 2 O 1 (AMOLInt (Anjou fit Counter JUDGE: demanded demanded is Filed with firstappearance by defendant exceeds $25,0001 $25,000 or less) (GHL Rotes Gt Court,rule 1811] ocrT: Aff five{ 1tCms below must be completed(see Instructions orr page 2). 1. Check one bnx below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation ❑ Auto 122) ❑. Breach of conhracIlwarranty(06) (Cal.Rules of Court,rules 1800-1812) ❑ Uninsured motorist(46) ❑ Collections(OA) ❑ AnfitrusUTraue regulation(03) Other PUPA/WO(Persona)Injury/Property ❑ Insurance coverage 118) r❑11 Construction defect(10) Damaga/Wrongful Death)Tort ❑ Other contract(37) LJ Mass tort(40) ❑ Asbestos(04) Real Property ❑ Securities litigation(28) ❑ Prcxitict Ilabllity(24) ❑ Eminent(trim,in/inverse ❑ Environmental/Toxic Tort(30) ❑ Medical malpractice(45) condemnation(14) ❑ Insurance coverage claims arising from the C] Other PvPnN11D(23) ❑ Wrongtul eviction(33) above Ilstwl provisionally cumplex case Non-PIIPD)WD(Other)Tort 0 Other real property(26) types(41) ❑ Enforcement of Judgment Ausiness toltluniair business practice(i17) UnfawfullSetainer• El Enforcement of judgment(20) ❑ Civil rights(Og) ❑ Commercial(31) Miscellaneous Civil Complaint ❑ fJRfamation{13) ❑ Residential(32) ❑ RICO(27) ❑ Fraud(1G) ❑ Drugs{36) • ❑ Other complaint(nor specified above)(42) ❑ Inlellectual Property(14) Judicial Review Miscellaneous Civil Petition ❑ I'rotessional negligence(25) ❑ Asset forfeiture(05) ❑ Partnership and corporate governance(21) ❑ Other nun-1'l1PDWD iort(35) ❑ Petition re:arbitration award(11) ❑ Other petition(not spccifiecf above)(43) Em toymr3nt ❑ Writ of mandate(02) p ❑ Wmnnful termination(36) ❑ Olherjudicial review(39) n Other employment tib) 2. This case LJ is [D is not complex under rule 1800 of the California Rules of Court.If the case is complex,mark the tactors requiring exreptional judicial manapienrent: a• ❑ Large+lumber of separately represented parties d• ❑ Large number of witnesses b. ❑ Extensive motion practice raising difficult or novel o. E] Coordination with related actions pending in nne nr more courts issues that will be Lime-consuming to resolve c, ❑ Substantial amount of docrimentary evidonce t. ❑ Substantial post-judgment judicial supervision 3. Type of romedies sought(che.ck all that apply): a. & manclaly b. 0 nonmonetary;declaratorynr injunctive relief c. ® punitive 4. Number of causes of action(specify): 3-Inverse condemnation,nuisance and spas to iand 5, This case Llis 21 is.not .a class action suit. pate: September 22,2005 (` Nick T.Reckes i ::: (TYPE OR PRINI NAME) (Sr('iNAI Ultt()>:PARTY ATTORN[Y ran P.cnlrl NOTICE Plaintiff mtlst file this cover sheet with the first Paper filed in the action or proceeding(except small claims cases or cases filed Under the Probate,Family,or Welfare and lnstRutions Code).(Cal.Rules of Court,rule 201.5,)Failure to file may result in sanctions .File this cover sheet in addition to any cover sheet required by local court rule. • If this case is complex under rule.1800 of seq.of the California Rules of Court,you must serve a Copy of this cover sheet on all other parties to the action or pr6ceed0g. • Unless this is a complex case,this cover sheet will be used for statistical purposes only. rape 1 ore r Ju AdDp,un;r n &CalilMkinnniayUse CIVIL CASE COVER SHEET n(�`� c�'anaafarof n Lbukil `D1 A.lrim'j n.5:1 JuJ•tznl Crymr-II o'Galiltraa nt,'ri^n Lega'N61,InC. S;an9aN5 or Jutltuvd Acfninlslra iDn,4:3 CA401D[Rev.July I-20031 wwwUSCovrtrvrtu.tan wwwlYrtnfsda.wgou SUPERIOR COURT - MARTINEZ COUNTY OF CONTRA COSTA MARTINEZ, CA, 94553 ALEXDRA SKOUMBAS VS . COUNTY OF CONTRA COSTA NOTICE OF CASE MANAGEMENT CONFERENCE CIVMSCOS-02011 1. NOTICE: THE CASE MANAGEMENT CONFERENCE HAS BEEN SCHEDULED FOR: DATE: 02/08/06 , DEPT: 33 TIME: 8 :30 THIS FORM, A COPY OF THE NOTICE TO PLAINTIFFS, THE ADR INFORMATION SHEET, A BLANK CASE MANAGEMENT CONFERENCE QUESTIONNAIRE, AND A BLANK STIPULATION FORM ARE TO BE SERVED ON OPPOSING PARTIES. ALL PARTIES SERVED WITH SUMMONS AND COMPLAINT/CROSS-COMPLAINT OR THEIR ATTORNEY OF RECORD MUST APPEAR. 2 . You may stipulate to an earlier Casc Management Conference. If all parties agree to an early Case Management Conference, please contact the Court Clerk's. Office at (925) 646-2960 for assignment of an earlier date. 3. You must be familiar with the case and be fully prepared to par.- .ticipate. effectively in the Case Management Conference and to discuss the suitability of this case for. the EASE Program, private mediation, binding or non-binding arbitration, and/or use of a Special Master. 4 . At any Case Management Conference the court may make pretrial orders including the following: a. an order establishing a discovery schedule b. an order referring the case to arbitration c. an order transferring the case to limited jurisdiction d. an order dismissing fictitious defendants e. an order scheduling exchange of expert witness information f. an order setting subsequent conference and the trial - date g. an order consolidating cases h. an order severing trial of cross-complaints or bifurcating issues i. an order determining when demurzers and motions will be filed SANCTIONS IE you do not file the Case Management Conference Questionnaire or attend the Case Management Conference or participate effectively in the Conference, the court may impose sanctions. (including dismissal of the case and payment_ of money) . Clerk of the Superior Court, of Contra Costa County I declare under penalty of perjury that I am not a party to this action, and that I delivered or mailed a copy of this notice -to the person representing the plaintiff/cross-.complainant . Dated: 09/23/05 C. JACALA, Deputy Clerk , CONTRA COSTA COUNTY SUPERIOR COURT ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION SHEET The Contra Costa County Superior Court encourages people to use Alternative Dispute Resolution (ADR)to settle their cases before trial. People can choose the ADR process they will use by: > Choosing one of the ADR process options listed on the. Case Management Form (Form CM-110 ); > Filing a Stipulation to Continue First Case Management Conference to Attend ADR (local court form); or Agreeing to ADR at your first court-appearance. Questions? Call (925) 646-2127, or go to www.cc-courts.org/adres.htm JUDICIAL MEDIATION Mediation is often faster and cheaper than going to trial. In this process, an independent person (the mediator)helps people who are having a dispute talk about ways.they can make an agreement that will settle the case. Before mediation, each party must write a summary(no more than 5 pages)explaining the facts, legal arguments, and legal authority for their position. They must send this to the other parties and the mediator at least 5 court days before their first mediation conference. Most mediators begin by talking with the parties together, helping them to focus on the most important issues. Later, the mediator may meet with each party alone. Mediators often ask each party to offer ideas for settling the conflict. Some mediators will tell the parties what they think the parties should agree to,or what might happen if the case went to trial,while others help the parties decide for themselves. No matter what approach a mediator takes, he or she will not make any final decisions. Agreements can only be reacted if the parties agree. Normally, if the court orders mediation, ALL parties and their attorneys must attend. Mediation can be held whenever and wherever the parties and the mediator want, as long as they finish before the court deadline. In some cases, parties may be offered the chance to attend an in-court mediation session. Parties can choose whether their agreement will become a court order or be written up as a contract. It is confidential (private) unless all parties agree that the mediator will write a private report to the judge (section 206, local court rules). If the parties go through the court's ADR program, the mediators on the panel have agreed not to charge any fees for either the first half hour spent scheduling or preparing for mediation, or for the first two hours of the mediation. If the parties need more time, they must pay the mediator's regular fees. Some mediators may ask the parties to pay a deposit before mediation starts. If this happens, the mediator must give back whatever is left after counting all the time he or she spent preparing for or doing the mediation. A party whose court fees have been waived (cancelled)may ask if their mediation fees or deposit can be waived. PRIVATE MEDIATION Private mediation works in the same way as judicial mediation, but the parties do not go through the ADR Programs office. Parties choose a mediator on their own, and pay the mediator's normal fees. JUDICIAL ARBITRATION {Non-Bindlnal In arbitration, an.independent attorney(an arbitrator)looks at the evidence, hears the arguments, listens to witnesses, and make's a decision about the case under review. (If the parties cannot agree on an arbitrator, the court will assign one.)It is less formal than a court hearing, and is used when the amount of money in a dispute is less than $50,000.Cases may also.go to judicial arbitration if the person who started the court case agrees to limit the amount he or she asks for to$50,000,or if the parties all agree to use arbitration.The arbitration award (decision) must be filed with the court within 10 days of the last arbitration hearing.It becomes a court order unless a party disagrees with the decision and, within 30 days, asks the court to review the case; This is done by filing form ADR 102 to ask for a new court hearing (called a trial de novo.) ,Judicial arbitrators are allowed to charge $•150 per cause or per day for their services. The arbitrator collects this fee from the parties. PRIVATE ARBITRATION (NON-BINDING and BINDINGI Private, non-binding arbitration is the same as judicial arbitration, except that the parties do not go through the ADR Programs office. Parties choose an arbitrator on their own, and pay the arbitrator's normal fees. . Binding arbitration is different from judicial (non—binding) arbitration because the arbitrator's decision is final. Parties give up their right to have a judge review their case later, (except for reasons listed In California Code of Civil Procedure, Section 9286.2.) Binding arbitration rules are the same as those for judicial arbitration, and are listedd-iin California Code-of Civil Procedure, Sections 1280-1288.8. Parties may also agree any time before the judge has made a decision that ends the case to switch to'binding arbitration. Parties choose the arbitrator on their own, and must pay the arbitrator's normal (not$150)fees. PRETRIAL f MORNING OF TRIAL SETTLEMENT MENTOR CONFERENCE In the settlement mentor conference, an Independent attomey(a settlement mentor) helps parties look for ways to settle their case before it goes to trial.The conference is often scheduled for the morning of trial, but it can be scheduled anytime, These settlement mentor conferences usually last two hours.The parties do not present evidence,and witnesses are not called. Parties can ask the settlement mentor to keep some information confidential (private)from the other party, but any information may be shared with the judge. When appropriate,the settlement mentor may involve the judge in the settlement discussions. Normally, all principals or clients and all claims . representatives must attend the settiement mentor conference.There is no fee for a settlement mentor conference. NEUTRAL CASE EVALUATION In neutral case-evaluation, an independent attorney(evaluator) reviews a summary of what each party might tell the court, and offers an overall opinion about what could happen if the case went to trial. Many people use this information to reach an agreement on their own, or use another form of ADR(such as mediation or arbitration)to settle their case. +n+ro. 2 NEUTRAL CASE EVALUATION (continued) Fefore evaluation, each party must write a summary(no more than 5 pages)explaining the facts, legal arguments, and legal authority for their position.They must send this to the other pasties and the evaluator at least 5 court days before their first evaluation conference. Normally, if the court' orders evaluation, ALL parties and their attorneys must attend, Evaluation may be held whenever and wherever the parties and the evaluator want, as long as they finish before the court deadline. If the parties go through the courts ADR program,the evaluators on the panel have agreed not to charge any fees for either.the first half hour spent scheduling or preparing.for the evaluation, or for the first two hours of the evaluation conference. If the parties need more time, they must pay the evaluator's regular fees. Some evaluators may ask the parties to pay a deposit before evaluation .starts. If this happens, the evaluator must give back whatever is left after counting all the time he or she spent preparing for or doing the evaluation,A party whose court fees have been waived (cancelled)may ask If their evaluation fees or deposit can be waived. PRO TEM TRIAL Some parties want a trial, but want to choose their own trial date. To do this, the parties can agree that the court will appoint an attorney to be a temporary (Pro Tem)judge for just their case. (See Article 6, Section 21 of the State Constitution and Rule 244 of the California Rules of Court.)As long as the parties meet the court deadline, they can schedule the Pro Tem trial at their own and the temporary judge's convenience. Each of the temporary judges on the court's-panel has agreed to serve at no charge for up to 5 court days. If the parties need more time, they must pay the temporary judge's regular fees. All parties and their lawyers must attend the trial, and provide a copy of all briefs or other court documents to the temporary judge at least two weeks before the trial. The temporary judge's decision can be appealed to the superior court. Pro Tem trials are similar to other civil trials, but are conducted outside the court. There Is no option for a jury trial. The parties must provide their own court reporter, SPECIAL MASTER A special master Is a private lawyer, retired Judge, or other person appointed by the court,to help make day-to-day decisions in a court case. The special master's role can vary, but often Includes making the discovery (information exchange) process go more quickly and smoothly. He or she can make decisions about the "facts* in the case, and facilitate settlement negotiations. Special masters can be especially helpful. in complex,cases. The trial judge defines the special master's role and authority In a court order. Special masters often issue both interim recommendations and a final report. If a party objects to what the special master reports to the court, that party can ask the court to review the matter. in general, the parties choose (by stipulation) whom they want the court to appoint as the special master, but there are times (see California Code of Civil Procedure Section 639), when the court may appoint a special master or referee without the parties' agreement. The parties are responsible to pay the special master's regular fees. OTHER COMMUNITY 171SPUTE RESOLUTION SERVICES IN CONTRA COSTA COUNTY These community programs use trained volunteers to provide confidential, low-cost mediation: California Community Dispute Services 510-231-4190 (www.cgcds.or9) > Conflict Resolution Panels of Contra Costa 925-798-6132 > Congress of Neutrals (925)937-3008 (www.coneutrals.org) Pwmed,Q,M4 3 IN THE SLr'ERIOR COURT OF THE STATE OF ChLIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA Case Number Date complaint fled: Plaintiff(s) vs. First case management conference: Stipulation to Continue First Case Management Conference to Attend ADR Defendants) NOTICE: 1 THIS STIPULATION MUST BE SUBMITTED,WITH CASE MANAGEMENT STATEMENTS,TO THE ASSIGNED DEPARTMENT AT LEAST 15 DAYS BEFORE THE FIRST CASE MANAGEMENT CONFERENCE. THE SIGNED ORDER MUST BE SENT TO THE ADR OFFICE WITHIN 5 COURT DAY$: FAX:(925)646-2910 P.O.BOX 911,MARTINEZ,CA X4553 Counsel and the parties certify they have met and conferred an the subjects set forth in Rule of Court 212(b),including the selection of an alternative dispute resolution (ADR)process:[check Oone]: ❑ Judicial mediation ❑ Private medlation ❑ Judicial arbitration ❑ Private arbitration ❑ Neutral case evaluatlati COUNSEL-AND THE PARTIES AGREE TO COMPLETE ADR WiTtJIS 90 DAYS. Counsel and the parties further certify: 1. All parties have been served and intend to submit to the jurisdiction of the court; 2. All parties have agreed to a specific plan for sufficient discovery to make the ADR process meaningful; 3. Defendant(s)'first appearance fee has been paid or will be submitted with this Stipulation and Order: 4. Copies of this Stipulation and self-addressed stamped.envelopes are provided for returning file-stamped copies to counsel and the parties; 5. Case Management Conference Statements are fully completed and submitted with this Stipulation; 6. All parties will attend ADR conferences as required by local court rule(Appendix C);and, 7. All parties are aware that a request far continuance of the ADR deadline established by this Stipulation and Order is discouraged, and the request may be denied if,in the judgment of the court,a case management conference should be held at the time originally scheduled. i Counsel for Plaintiff (print name) Counsel for Defendant (prfnl name) Signature Signature Counsel far Plaintiff (print name) Counsel for Defendant (print name) Signature Signature Pursuant to the Stipulation of the parties,and subject to the Case Management Order to be filed,IT IS SO ORDERED that the Case Management Conference set for is vacated and rescheduled for at (8:30 a.m./ )Plalntlff's counsel must notlfv all parties oft o case management conference. Dated: ' Judge of the Superfor Court cv-865b.vans CM-110 ATTORNEY OR PARTY wITIHOUT ATTORNEY(Name.SYade eer number.end FOR COVRT USE ONLY 10dratsl: TELEPHONE NU.. FAX IVO Mpkanaq: 1-MA1L ADDRE5S;0pli-4; ATTnRWY FOR gName): SUPERIOR COURT OF CALIFORNIA,COUNTY OF STREET ADDRESS: MAIUNn ADDRESS' CRY AND ZIP CUM BRGNCx NAME'. PLAINT IF FrPETITIONER: DEFENDANT/RESPONDENT: CASE MANAGEMENT STATEMENT rhSF NUMBER (Check one): 0 UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is$25,000 exoeeds$25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Time: Dept.: ON.: Room: Address of court(if different from the address above): INSTRUCTIONS:All applicable boxas must be checked,and the specified Information must be provided. 1. Party or parties(answerona): a. This statement is submitted by party{name): b. This statement is submitted Jointly by parties(names): 2: Complaint and cross-complaint(to be answered byplaintifi<s and cros8•complainanis only) a. The complaint was filed on(date): b. = The cross-complaint,if any,was filed on(date): 3. Service(to be answered by plaintiffs and cross-complainants only) a. C� All parties named in the complaint and cross-complaint have been served,or have appeared,or have been dismissed. D. CI The following parties named in the complaint or cross-complaint (1) Q have not been served(specify names and exptain why not): (2) U have been served but have not appeared and have not been dismissed(specify names,'.- (3) ames;;(3) Q have had a default entered against them(specify nares): c. 0 The following additional parties may be added(specify names,nature ofinvolvemenf in case,and the date by which they may bo served): 4. Description of case a. Type of case in complaint �] Ctoss-Domptaint (describe,Including causes of aclkm): Pagelde FM11Map ted fM Mendrtnry UeB Cal RUIlO dt:art Judoalc.dlo dj aL u CASE MANAGEMENT STATEMENT CM-110(Rev.Jar, y 1,2005I nda2t3 An7etican Legal"IL Inc, www.USCDUrtr.ons.com PLAINTIFF/PETITIONER: . case ra,MR DEFENDANTIRESPONDENT: 4. b. Provide a brief statement of the case,including any damages.(rf personal injury damages are sought,specify the injury and damages claimed,including medical expenses to dare ltndicate source and amount), estimated future medical expenses,lost eamllrgs to date,and estimated future lost earnings.If equitable relief is sought:describe tho nature of the relief.) (If more space is needed,check thiE box and attach a page designated as Attachment 4b.) 5. Jury or nonjuty trial The party or parties request [ a jury trial a nonjury trial (if more than one party,provide the name of each party requesting a jury tsiai): 6. Trial date a. = The trial has been set for(date)., b. n No trial date ties been set.This case will be ready for trial within Q months of the date of the filing of the complaint frf not.explain): c. Dates on which parties or attorneys will not be available for trial(specify dates and explain reasons for unaveilabitity): 7. Estimated length of trial The party or parties estimate that the trial will take(check one): a. days(specify number;.- b. umber):b. hours(short causes)(specify): 8. Trial representation(to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption ED by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: e. Fax number. f. E-mail address: g. Party represented: F= Additional representation is described inAttachment 8. 8. Preference [� This case is entitled to preference(specify code section): 10. Alternative Dispute Resolution(ADR) a. Counsel � has Q has not provided the ADR Worrnatian parkage identified in rule 201.9 to the client and has .reviewed ADR options with the client. b. Q All parties have agreed to a form of ADR.ADRwill be completed by(date): C. n Tile case has gone to an ADR process(Indicate status): CM•$101neo,January120051 CASE MANAGEMENT STATEMENT A W= ,ur- . ww•.0�+tfartn.c�n ' PLAINTIFFrPETITiONHR: CASE NUMER: f DEFENDANTMESPONDENT: 10.d. The party or parties are willing to participate in(check all that apply): (1) = Mediation (2) n Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12(discovery to close 15 days before arbitration under Cal. Rules of Court,rule 1612) (3) 0 Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12(discovery to remain open until 30 days before trial;order required under Cal.Rules of Court,rule 1612) (4) U Binding judicial arbhraton (5) Binding private arbitration (6) Neutral case evaluation (7) (_] Other(specify) e. This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit. f. Q Plaintiff elects to refer thls case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure sectlon 1141.11. g. [] This case is exempt from judicial arbitration under rule 1601(b]of the Califomla Rules of Court(specifyexemplion): 11.Settlement conference The party or parties are willing to participate in an early settlement conference(specify when): 12.Insurance a. = Insurance carrier,if any,for party fling this statement(name): b. Reservation of rights, [� Yes = No c. Coverage issues will significantly affect resolution of this case(explain): 13.Jurisdlctlon Indicate any matters that may affect the court's jurisdiction or processing of oris case,and describe the status. Bankruptcy 0 Other(specify): Status' 14.Related cases,consolidation,and coordination a. U There are companion,underlying,or related cases, (t)Name of case: (2)Name of court: (3)Case number: (4)Status: Additional cases are described in Attachment 14a. b. A motion to consolidate 0 coordinate will be filed by(name party): 15.Bifurcation O The party or parties intend to file a motion for an order bifurcating,severing,or coordinating the following issues or causes of action(specify moving party,type of motion,and reasons): 16.Other motions The party or parties expect to file the following motions before trial(specify moving party,type ofmolion, and issues): cu-110IR64."""'h1.2W51 CASE MANAGEMENT STATEMENT BSef' .Amarian lapaMel,enc wnv,•.US[,a a:Fp�rftl.rpn PLAINTIMPETITIONER: GVE RuueFa: � UE.PENnANTIFtESPONUErd'T'. 17. Discovery a. U-) The pariy or parties have completed all discovery. b. Q The following discovery will be completed by the date specified(describe all anticipated discovery): Partv a ai ion pate c. Q The following discovery issues are anticipated(specify): 18. Economic Litigation a. Q This is a limited civil case(i.e.,the amount demanded Is$25,000 or less)and the economic litigation procedures in Code of Civil Procedure sections 90 through 98 will apply to this case, b. Q This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed(if checked,explain specfffcaffy why economic fiffgation procedures relating to discovery or Inial shovfd not apply to this case): 19. Other Issues Q The party or parties request that the following additional matters be considered or determined at the case management conference(specify): 20. Meet and confer a, Q The party w parties have met and conferred with all parties on all subjects required by rule 212 of the California Rules of Court(d not, e,rplain): b.After meeting and conferring as required by rule 212 of the California Rules of Court,the parties agree on the tottowing (specify): 21. Case management orders Previous case management orders in this case are(check one): Q none Q attached as Attachment 21. 22. Total number of pages attached(if any): I air completely familiar with this case and will be fully prepared to discuss the status of discovery and AOR,as well as other issues raised by this statement,and vv!II possess the authority to enter into stipulations on these issues at the time of the case management conference,including the written aulhority of the party where required. Date•. (TYPE oR r'R!.NT NAME) - iSIGNATURE OF PARTY OR ATTURNEY! [TYPF OR PRINT NAME) (SIGNATURE OF PARTY GR ATTORNEY Q Additional signatures are attached CU-M[Rw•J.rusry1.2006) CASE MOXAGEMENT STATEMENT page 4*14 1.An,Iu—LB"P&Ne.Inc. Nick T. Reckas (SBN 6705) LAW OFFICES OF NICK T. RECKAS 2 336 Bon Air Center, #296 Greenbrae, CA 9490.4 Ij ! = I L'1 3 Telephone: (415) 464-0913 Facsimile: 415 464-9801 ~, 4 4 r 2 L., .l ,. Attorney for Plaintiffs $ Alexandra G. Skoumbas and PER Lock RULE5 TICS s Konstantine S. Skoumbas CASE IS DTO . . DEPT 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA s COUNTY OF CONTRA COSTA - UNLIMITED JURISDICTION 11 Alexandra G. Skoumbas and ) Case 020 1 1 12 Konstantine S. Skoumbas, ) COMPLAINT.IN INVERSE 13 Plaintiffs ) CONDEMNATION AND FOR } DAMAGES, TEMPORARY 14 v ) RESTRAINING ORDER, AND PRELIMINARY AND PERMANENT 15 The County of Contra Costa,.The City of } INJUNCTON BASED ON COMMON LAW AND STATUTORY NUISANCE Orinda, Eric V. Jorgensen and Laura C. ) AND TRESPASS TO LAND 16 Jorgensen, Mark R. Levie, Gail M. Levie, ) The Levie Family 2004 Trust, Mark 17 Solow ay, The Solow ay Family Trust, and 18 Does 1 through X, ) SUMM0115 ISSUED ) 19 Defendants. } 20 21 FIRST CAUSE OF ACTION 22 (Continuing Nuisance Against All Defendants) 23 24 1 . Plaintiffs Alexandra G. Skoumbas and Konstantine S. Skoumbas ("Plaintiffs"), at 25 all times mentioned herein were the owners and in possession and control of certain 26 parcels of undeveloped land located near Patricia Road and Beatricia Road in the City of 27 Orinda, County of Contra Costa, California. The Plaintiffs' lots are identified as APN: 28 273-100-049, 273-100-039, 273-100-038, and 273-100-030. 1 COMPLAINT FOR DAMAGES BASED ON COMMON LAW AND STATUTORY NU)SANCEAND TRESPASS TO LAND 1 2. DefendafCounty of Contra Costa is, and Pall times mentioned herein 2 was, a county duly organized and existing under the laws of the State of California. 3 3. Defendant the City of Orinda is, and at all times mentioned herein was, a 4 chartered city, duly organized and existing under the laws of the State of California and 5 situated in the County of Contra Costa. 4. Defendants,Eric V. Jorgensen and Laura C. Jorgensen are husband and e wife and were the owners of that piece of real property located at 16 Candlestick 7 ' Road, Orinda, CA 94563. 8 5. Defendants Mark R. Levie and Gail M. Levie are husband and wife. Prior 9 to January 16, 2004, the Levies were the owners of that piece of real property located 10 at 21 Candlestick Road, Orinda, CA 94563. On January 16, 2004, the Levies formed 11 the Levie Family 2004 Trust and conveyed all right, title and interest to their residence 12 to the Trust. 13 6. At all times relevant herein from April 1, 1999 until August 29, 2002, 14 Defendant The-Solbway Family Trust was the owner of that single family residence located at 19 Patricia Road, in the City of Orinda, CA 94563. On August 29, 2002, 15 the.Soloway Family Trust, acting by its trustees Mark Soloway and Lynn Soloway, or 16 their successors in trust conveyed all its right, title and interest to the residence located 17 at 19 Patricia Road to Mark Soloway, a married man as his sole and separate property. 18 7. The true names or capacities, whether individual, corporate, associate, or 1.9 otherwise, of Defendants Does I through X are unknown to.Plaintiffs, who therefore 20 sue such Defendants by such fictitious names, and w ill amend this complaint to show 21 their true names and capacities when ascertained. Plaintiffs are informed and believe 22 and thereon allege that each of the Defendants designated as a DOE is responsible in 23 some manner for the nuisance and trespasses herein referred to and thereby proximately caused the damages to the Plaintiffs as herein alleged. 24 8. Plaintiffs are informed and believe and thereon allege that at all times 25 herein mentioned each of the Defendants was the agent and employee of each of the zs remaining Defendants, and in doing the things hereinafter alleged, was acting within 27 the course and scope of such agency and employment. 28 2 COMPLAINT FOR DAMAGES BASES)ON COMMON LAW AND STATUTORY NUISANCE AND TRESPASS 70 LAND 1 9.. At all times mentioned herein Defendants th County of Contra Costa, the 2 City of Orinda, Eric V. Jorgensen and Laura C. Jorgensen, Mark R. Levie, Gait M. Levie, 3 The Levie Family 2004 Trust, Mark Soloway, The Soloway Family Trust and Does I 4 through X owned, operated, controlled, repaired and maintained the storm drain 5 facilities located at or near Candlestick Road in the City of Orinda, County of Contra Costa. 6 10. From at least January1 ,1997 and continuing to the present time, 7 Defendants, and each of them, have so carelessly and negligently owned, operated, 8 controlled and maintained their storm drain facilities located at or near Candlestick 9 Road so that water is continually being discharged from Defendants' storm drain 1D facilities onto Plaintiffs' land causing soil erosion and damage to Plaintiffs' property. 11 11 . The aforementioned ownership, use, and maintenance of the storm drain 12 facilities of Defendants, and each of them, constitutes a nuisance within the meaning 13 'of Section 3479 of the Civil Code in that it was and is injurious to Plaintiffs' land and 14 interfered with the comfortable use and enjoyment of the land. 12. -On or about May O, 1997, Plaintiffs gave notice to Defendants of the 15 damage caused by the continuing nuisance to their property and requested its 16 abatement, but Defendants, and each of them, refused and continue to refuse to abate 17 the nuisance. 1B 13. Defendants, and each of them, have threatened to and will, unless 19 restrained by this court, continue to maintain the nuisance and continue the acts 20 complained of, and each and every act has been, and will be, without the consent, 21 against the will and in violation of the rights of Plaintiffs. 22 14. As a proximate result of the nuisance created by the defendants and each 23 of them, the value of Plaintiffs' property has been diminished by $1,000,OOD and unless the nuisance is abated, Plaintiffs' property will continue to diminish. 24 15. As a further proximate result of the nuisance created by the defendants, 25 and each of them, Plaintiffs have been, and will be, damaged in a sure presently 26 unknown to Plaintiffs to correct the damage caused to their property. 27 28 3 COMPLAINT FOR DAMAGES BASED ON COMMON LAW AND STATUTORY NUISANCE AND TRESPASS TO LAND 1 16. As a furter proximate result of the nuisancoreated by Defendants and 2 each of them, Plaintiffs have been caused to sustain mental distress and emotional 3 upset to their respective general damages in a sum which pursuant to C.C.P. § 425.11 4 is not stated and will be later stated for each Plaintiff according to proof. 5 17. Unless defendants, and each of them, are restrained by order of this court, it will be necessary for Plaintiffs to commence.many successive actions against 6 defendants, and each of them, to secure compensation for damages sustained, thus 7 requiring a multiplicity of suits, and Plaintiffs will be periodically threatened with rain $ water being discharged on their land from defendants' drainage facilities. 9 18. Unless defendants, and each of them, are restrained from continuing their 10 course of conduct, Plaintiffs will suffer irreparable injury in that the usefulness and 11 economic value of Plaintiffs' property will be substantially diminished and Plaintiffs_will 12 be deprived of the comfortable enjoyment and use of their property. 13 19. Plaintiffs have no plain, speedy, or adequate remedy at law, and injunctive 14 relief is expressly authorized by Sections 526 and 731 of the Code of Civil Procedure. 20. In maintaining the nuisance, defendants, and-each of them, are acting 15 with full knowledge of the consequences and damage being caused to Plaintiffs' • 16 property, and their conduct is willful, oppressive, and malicious; accordingly, Plaintiffs 17 are,entitled to punitive damages against defendants, and each of them. 18 21 . On April 1 , 2005, Plaintiffs presented to Defendant The County of Contra 19 Costa by delivering a claim to the clerk of the Board of Supervisors for the damages 20 and losses suffered and incurred by them by reason of the above-described nuisance 21 and/or occurrences, all in compliance with the requirements of Gov. Code§ 905. A 22 true and correct copy of the claim is attached hereto as Exhibit "A" and made a part 23 hereof: 22. On or about April 14, 2005, Defendant the County of Contra Costa 24 through its clerk gave notice of late-filed claim, a true and correct copy of which is 25 attached hereto as Exhibit "B" 26 23. On or about April 1, 2005, Plaintiffs presented to Defendant the City of 27 Orinda by delivering a claim to the city clerk for the damages or losses suffered by 28 4 COMPLAINT FOR DAMAGES BASED ON COMMON LAVH AND STATUTORY NUISANCE AND TRESPASS TO LAND I Plaintiffs by reason ohe above-described nuisance, all ificompliance with the 2 requirements of Government Code Section 905. A true and correct copy of the claim 3 is attached hereto as Exhibit "C" and.made a part hereof. 24. Defendant the City of Orinda failed to act on the claim within the period of 5 45 days after its presentation, and the claim was thus deemed rejected under the provisions of Government Code Section 912.4, at the expiration of the 45-day period, 6 to wit, on May 16, 2005. 7 WHEREFORE, Plaintiffs pray judgment against Defendants, and each of them, as 8 hereinafter set forth. 9 SECOND CAUSE.OF ACTION 10 (Continuing Trespass to Property Against All Defendants) 11 25. Plaintiffs incorporate by reference paragraphs 1 through 24, of the First 12 Cause of action, and realfege the same as though fully set forth herein. 13 26. On or about January 1, 1997 and continuing until the present, Defendants sa and each of them, wrongfully and unlawfully caused storm drain water to be 15 discharged on Plaintiffs' land by their storm drain facilities located at Candlestick Road in the City of Orinda, County of Contra Costa thereby eroding the soil and severely 16 damaging the Plaintiffs' property. 17 27. As a proximate result of Defendants' storm drains continually discharging 18 water on Plaintiffs' land, Plaintiffs' property has been severely damaged thereby 19 diminishing its value. 20 WHEREFORE, Plaintiffs pray judgment against Defendants, and each of them, as 21 hereinafter set forth. 22 THIRD CAUSE OF ACTION 23 (Inverse Condemnation Against the County of 24 Contra Costa and the City of Orinda) 28. Plaintiffs incorporate by reference Paragraphs 1 through 27, of the First 25 and Second Causes of Action, and reallege the same as through fully set forth herein. 26 27 28 5 COMPLAINT FOR DAMAGES BASH ON COMMON LAW AND STATUTORY NUISANCE AND TRESPASS TO LAND 1 29. Defendants The County of Contra Costa anfThe City of Orinda own, 2 operate and control the storm drain system located at Candlestick Road which is in 3 close vicinity to-Plaintiffs' property. 4 30. The continuing and intermittent discharge of rain water on Plaintiffs' land 5 causes a substantial interference with the use and enjoyment of Plaintiffs' above- described property, which amounts to a taking and damaging of the property for which 6 defendants The County of Contra Costa and the City of Orinda have not compensated 7 Plaintiffs. $ 31. The continuing discharge of rain water on Plaintiffs' land has caused a g reduction in the market value of Plaintiffs' property in the amount of $1 ,000,000. 10 32. Plaintiffs have incurred and will incur attorneys' fees, appraisal, and 11 engineering fees because of this proceeding, in an amount that cannot yet be 12 ascertained, which are recoverable in this action under the provisions of Code of Civil 13 Procedure§ 1036. 14 WHEREFORE, Plaintiffs pray judgment against Defendants, and each of them, as follows: 15 Under the First and Second Causes of Action 16 1 . For a preliminary and a permanent injunction enjoining Defendants, and 17 each of them, and their agents, servants, and employees, and all persons acting in 18 concert with, or for them from discharging water from their drainage facilities onto 19 Plaintiffs' land thereby disturbing Plaintiffs' comfortable enjoyment of their property. 20 2. For the diminished value or the cost to repair Plaintiffs' property resulting 21 from the physical damage caused by the water intrusion and defendants' refusal to 22 discontinue the nuisance and the continuing trespass; 23 3. Damages for interference with the use and enjoyment of Plaintiffs' land; 4. General damages in an amount to be proven at trial for mental distress and 24 emotional upset. 25 5. Punitive damages according to proof•, 26 27. 26 6 COMPLAINT FOR DAMAGES BASED ON COMMON LAW AND STATUTORY NLIISANCEAND TRESPASS 1'0 LAND 1 Under the Third Cause of Action 2 6. For damages in the amount of $1,000,000 with interest thereon at the 3 legal rate from the date of the damages; 4 7. •For reasonable attorneys, appraisal, and engineering fees according to 5 proof; Under All Causes of Action G 8. For costs of suit herein incurred; and 7 9. For such other and further relief as the court may deem proper. 8 - 9 LAW OFFICES OF NICK T. RECKAS i X r; r Dated: By /J 12 ick T. Reckas, Attorney for Plai tiffs 13 Alexandra G. Skoumbas and Konstantine Skoumbas 14 i5 15 . 17 ig 19 2D 21 22 23 24 25 26 27 2g 7 COMPLAINT FOR DAMAGES BASIED ON COMMON LAW ANU STATUTORY NUISANCE AND TRESPASS TO LAND f. 130ARD Or SUPCRNgSORS OF CONTRA C'OS'TA COUNTY IN_ STO CLAIMANT ?l. A claim relating to a cause of action for death or for injury to person or to personal property or ' growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code §.911.2) D. Claims n7.ust be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Adntinistrdtion Building, 651 Pine Street,Martinez,CA 94553. C., Tf claim is against a district governed by the Board of Supervisors, rather than the County, the. name of the District shouldbe tilled in. D. if the claim is against more than one public entity, separate claims must be filed against each public entity. E. fraud. See penalty for fraudulent claims,Penal Code See. 72 at the eild of this form. ■990a...Ia..r■I'r.awom krfwrr.r.r■a stop gov 111111111....0.■11 .....goal RE: Claim Tay: Reserved for Clerk's riling strip r Konstantine S . skoumbas and ) t. Pxandra C- Akniimhns - RECEIVED Against thu County of Contra Costa or ) APR 0 1 2005 District) (F111 in the name) ) CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. The undersigned clairnant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$..1 , 000. 000 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) Please see Exhibit A, attached hereto. 2. W1herc slid the damage or injury occur? (Include city and county) Pte see Bxhib.zt 'A attgc ed hh et 3. How r�the damage,or injury occur. We fu�I�etaii&,use extra paper if required) Please see Exhibit;, A attached hereto. 4. W6M pRrt.icular act or omission on the part of county or district ofTicers, servants, or employees caused the injury or damage? See claimants ' response to item 3, above. 5 What arc the names of county or district officers,servants;or employees causing the damage or injury? Unknown at this time. 6_ %haL damage or injuries your claim resulted'? (Give full ex of injuries or damages claimed, Attach two estitrks for auto damage.) i Please see Exhibit A attached hezeto. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Please see Exhibit A, attached hereto. 8. Names and addresses of witnesses,doctors,and hospitals: Please see Exhibit A, attached hereto. h. List the expenditures you made on account of this accident or injury: L)A'l'E TIME AMOT.NT .............■■■■.■r...rr■s■■■Y■■■■r■■■.■■■.rr rar••.vr■.■rrr•..■a■■r■.•■r............ Gov, Code Sec. 910.2 provides"The claim shall be }signed by the claimant or by some person on his behalf." SENDNQTICLCSTO: (AttnrneL ) LAW .FFeCES OF NICK T. RKA Name and address of Attomey ) Nick T. Reckas ) V (Clatmant's Signature) Law offices of Nick T. Nick T. Reckas Reckas Attorney for Konstantine S. Skoum as 336 Bon Air Center} #296 andhlexai2dra ba, Greenbrae, CA 94904 ) Ad R rens . )3123 Stanley Boulevard )Lafayette, CA 94549 Telephone No-41-5-464 0913 )Telephone No. (92 5) 938-1452 ..■..■r......■■■.■.■..■..a....f■ r.■...r.■r r.r■, PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any clairn filed With the County under the.Tort Claims /pct, is subiect to public disclosure: under the California Public Records Act. (Gov. Code, 59 6500 et seq.) FUrtheTInorc, any attachments,addendum%, or supplements attached to the claim form, including medical records, are also sub.ieut to public disclosure. ■.■......■....■.MEN■r■■■.■■■..Bosom Boa r...r■.ro■■ngmoves r■■■■■.-■■No,■■■■.r.■■■■.....l$ NOTICE: Section 72 orale 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 cuunly, city, or district board or officer, authorized to allow or pay the same if genuine, any €also or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the Ccn,nty,iail Icor a periail u('not snore than one year, by a fine of not exceeding'one thousand dollars ($1,000.00), or by both such imprisownent and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($lo,ouo),01 by built such imprisonment and fine. EMBIT A t. The injury to claimants' property is ongoing and continuing. The damage commenced to occur on January 1, 1997 and has continued until the present. 2. The damage or injury to claimants'properly occurred at Patricia Road and Beatricia Road in the City of Orinda,County of Contra Costa, California. The claimants' lots which arc continually sustaining damage as a result of the county's wrongful acts are identified as: APN:273-1110,049,273-100-039,273-100-033,and 273-100-030 3. The damage or injury to claimants'property occurred as a direct result of the county's negligent failure to properly maintain its storm drain facilities located at Candlestick Road in the City of Orinda,County of Contra Costa, thereby allowing water to be continually discharged on claimants' land which in turn, erodes the soil and grossly disfigures the claimants' land and diminishes its vahte. 6. Diminution in value of claimants' real property or the cost to repair the property to its uriginal condition;damages foi interference with the use and enjoyment of the claimants' property as well as damages for emotional distress. 7. 'tile amount being claimed is th.e difference between what the claiinaut.s' property would have been worth had it not been disfigured as a resull of the county's wrongful acts and its fair market value in its present damaged condition or the cost to repair whichever is lesser. Additionally,claimants have sustained danrat;es for interference with the use and enjoyment of their property as well as damages for emotional distress. S. Konstantine Skoumbas,Alexandra SkDumbas 312; Stanley Boulevard Lafayette, CA 94549 Robert Pykc Consulting I-;uginecr 1.076 Carol Lane, Suite 136 Lafayette, CA 94549 John Lisenko, P.E. 26 Orinda Way Orinda,CA 94563 John L.Snyder 20 Patricia Road Orinda, CA 94563 �. ExH���-c e ' The Soars! of Supervisors Contra • CICA 41 the.Mxmf Costa "1 ` Count f\diniRIS(Tinton Building Comity hdunnistntnr 01'Yilic sira:i,Rom)] 106 County (925) 35-!ton tJ,,1rtiI1C/.•Cififonii,;94553-4069 • .1011/1(:IAl1.l)ISIii L'I 1 .-% . C.'v�lr 1i.Ai[iuma.r)istrtai 11 , - Man-Plepho.Distort III M. —L i)PSaulider.District lV Fcdct:tl U.t;lotier• Lliairict V TO: Nick T. Reckas Law Offices of Nick T. Reckas 33tion Air Center,#296 Greenbrae, CA 94904 RE: Claim of Konstantine S. Skournbas and Alexandra G. Skoumbas 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 1, 2005, has been reviewed by County Counsel and is being returned to you herewith because: X Your claim for an injury to person or personal property 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. Nick Reckas Re: Claim of Skoumbas Page Two 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} Date: APRIL 14, 2005 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By: Deputy ClWrg Enclosure Affidavit of Mailing I declare under penalty of perjury that 1 am now, and at all times herein mentioned, have been a citizen of the United States, over age 18, and that today I deposited in'the United States Postal Service in Martinez, California, postage fully prepaid, a copy of the above NOTICE TO CLAIMANT (OF LATE-PILED CLAIM), addressed to the claimant as shown above. Date: APRIL 14, 2005 Dep4 Clerk LITORTRIgK-MIT -TLA IMSILATDRaumbas.wpi EXHIBIT C NOTICE OF CLAIM A4 T-': -'.HE C1` OF ORINl3A,CALIFORNIA • (Gov�Ii�Yrtc�tl,bode=�i���b�i��910,910.2) RETURN TO: City Clerk Zmrirh '�'� 10- 28 City of Orinda P.O.Dox 200 4. 14 Altarinda Road Orinda,CA 94563 cr. C-4 (925) 253-4221 Claimant's rz�e: S,koumbas Alexandra C, ne first MI Claim,(it's Ajdress: 3123 Stanley Boulevard fl— Numbcr Street .La,favette CA 459 w +- C.,: U fl City State ZIP (925) 936-1452 Home Phone Number Work Phone Number J Pao Nu+nbc+ Nalne and address of person to whom notices regarding this claim should be sent (if different tlr<tn the m ie and address provided above): Nick T. Reckas, 336 _Bon Air Center, _Suite 295, ,.. Greenbrae., CA 94904: (4151 464-0913 Dale of the accident or occurrence:. Please see Exhibit A attached hereto. Placcofaccident or occurrence: _Please see Exhibit A attached hereto. _ Crass-streets,if applicable: cielleral description of the accident or occurrence(attach additional pages if snore space is needed): Navies,if known, of any public employees causing the injury or loss: i,—John T,isenko, R-F.. 3:_._ Names and.addresses of Witnesses:' NamC Address Phonr. s.e. .se� F'xh;bi-L-A attar_hed bp_reto. 2. 3. Conlimte on other side of this form;you must complete both Sides and then sign this form. �t Names and addresses of ductors who treated and hospitals where injured were treated (if applicable): t�ainc Addtess Phone.. 3 --- 't. General description of the loss, injury or dainagc suffered: Diminution in value of claimants' land or the cost of repair. Damages for interference with the use and enj oymen-t��o e caiman s proper y'i-mental: emotional distress. Total imount clairned(in dollars): $ 1 ,000,000. o The basis of computing the total amount claimed is as follows: Damages 111CIlITCC1 to date: Medical expcnscs: $ - .Loss of carnrings: Special damages for: a. $ b. d. (attach copes of docunnnu which subsrantiate these amounts,if avairabre) • f VWe,the.undersigned, declare under penally of perjury that ilwe have read the foregoing claim For dam igcs and know the contents thereof; that the same is true of my/our own knowledge and belief, save and except as to those rnatters wherein stated oai informa, and belief,and as to t. errr,,Fwe believe it to be true_ A 7� c LAW FrQ1?S,7 NICK--1 . CKA DATER-0 � Si i of claimant tgick T. Reckas Attorney for Alexandra G. Skoumb s Signatureofclaimant and Xonstarntine S. Skoumbas REECENED in the City C lcrk's office this_. - day of 0_ Signalun of0ry Clcrk or otTicial City representative rcrriving This laim FOR CLAIMS RELATED TO INJURY TO PERSON OR PERSONALPROF ERTY, THIS FORM MIST BE FILED WITH 'I'lIE CITY OF ORIN.DA WITH N SIX MONTHS FROM THE ACCRUAL OF THE CAUSE OF ACTION. A ICLAIM RELATED TO ANY OTHER CAUSE OIC' ACTION SHALL BE PRESENT _.D NO LATER THAN ONE YEAR. AFTER ACCRUAL OF THE CAUSE OF AC11. N. EXHIBIT A Date of the accident or occurrence: The"accident"is ongoing and continuing. The damage commenced to occur on January 1, 1997 and has continued until the present. Place.of accident or occurrence: The damage oi- injury to claimants' real property occurred at Patricia Road and BGatricia Road in the City of Orinda. The claimants' lots which have been damaged are idcnti tied as APN: 273-100-049,273-100-039,273-100-038,and 273-100-030. General description of the accidence or occurrence: The damage or injui"y to claimants'real property is occurring as a direct result of the city's negligent failure to properly maintain it%storm drain facilities located at Candlestick Road; in the City of Orinda, County of Contra Costa,thereby allowing water to be.continually discharged on claimants' land which in tum,erodes the soil and has grossly disfigured the claimant's land and diminished its value. Moreover, as a result of tlicsc ongoing and continuing conditions,claimants are prevented from developing their property thereby being deprived of its use and enjoyment. Names and addresses of witnesses: I. Konstantine Skownbas,Alexandra Skotunbas :3123 Stanley Boulevard Lafayette,CA 94549 2. Robeii:Pykc Consulting Engineer 1076 Carol Lanc, Suite 136 Lafayette, CA 94549 3. John Lisenko,P.R. 26 Orinda Way Oriuda, CA 94563 4. John L. Snyder 20 Patricia Road Orinda. CA 94561 .0uprrior'mart of Qlaliforni a, T=V of Tontra:t &rata ri NOTICE TO PLAINTIFFS CASES OF UNLIMITED JURISDICTION All civil actions filed on or after January 1, 1988(except juvenile,probate,domestic relations, unlawful detainer,and asset forfeiture cases under Health and Safety Code Section 11470.8t seq,and extraordinary writs)are included in the Courts Civil Trial Delay Reduction Program. Local Rule 5 requires that you meet certain time lines for filing documents which must be strictly observed. Failure to comply with the program rules may result in the imposition of sanctions and will result in the issuance of an order to show cause why you have not complied. YOU MUST SERVE THE FOLLOWING DOCUMENTS,WHICH YOU WILL RECEIVE FROM THE-CLERK'S OFFICE,WITH THE COMPLAINT,ON ALL OTHER PARTIES: A copy of both sides of this Notice; A copy of the Notice of First Case Management Conference; A blank Case Management Conference Statement;CM-110 A blank Stipulation and Ordet to Continue First Case Management Conference to attend ADR A copy of the Alternative Dispute Resolution(ADR)Information Sheet; Service must be accomplished and proof of service must be filed with the court,within 60 days of filing of the complaint. IN ALL ACTIONS FILED ON OR AFTER JULY 1,1893 CLAIMING DAMAGES FOR PERSONAL INJURY,INCLUDING EMOTIONAL DISTRESS AND/OR WRONGFUL DEATH,THE PARTIFCS MUST ALSO COMPLY WITH REVISED LOCAL RULE 5(g),WHICH IS REPRINTED ON THE BACK OF THIS NOTICE. The first case management conference will be held within 140 days of the filing date of the original complaint. The exact date is indicated on the form you received from the Clerk's Office when you filed yourcomplaint. If all parties agree an earlier case management conference maybe requested Please contact the Clerk's Office at 646-2801 to re nest assignment to an earlier date. Possible referral of this case to Allemate Dispute Resolution(AOR)will be discussed.at the first case management conference. Examples of ADR programs offered In Contra Costa County are described in the ADR Information Sheet. IT IS IMPORTANT THAT YOU REVIEW THESE ADR PROGRAMS WITH YOUR CLIENT AND THAT YOU VERIFY THAT YOU HAVE DONE SO ON THE CASE MANAGEMENT CONFERENCE STATEMENT. Use of ADR may increase the possibility of your client's case being resolved at an early,and less expensive,stage of the.proceedings. All judges in the Civil Trial Delay Reduction Program are supportive of the use of ADR programs. If you wish to stipulate to ADR In advance of the first case management conference,you may use the attached form"Stipulation and Order to Continue First Case Managemenl Conierence-to attend ADR". This form must be signed by all parties and approved by the assigned judge before it Is submitted to the Clerk's Office for filing. The Court's Director of ADR Programs is avallable'to consult with the parties prior to the first case management conference to assist In selecting the most appropriate dispute resolution mechanism for your case. You may contact the ADR Director at 646-2127. CV-65UOT/Rev.s.aa �1 ;i ferry Tuurt of California. Tmuttg of Gantra Tanta LOCAL RULE 5(g) (effective 1l1/04) (g) Service of Summons, Crass-Complaint Responsive Pleadings and Default Judgments. 1. Counsel are to be fammarwith and follow with particularltythe rules set forth In California Rule of Court 201.7 as to service and filing of pleading and proofs of service and the noflce of default judgments. 2. Upon failure to serve the complaint and file a proof of service as required, an Order to Show Cause shall issue as to why counsel shall not be sanctioned for failure to comply with Rule 201,7. Responsive papers to the Order to Show Cause must be filed and served no less than five(5)court days in advance of the hearing. LOCAL RULE 7(c) (effective 111104) (c)Tentative Ruling. 1.The Civil Lltlgatlon Division and the branch courts shall operate a tentative ruling system for law and motion The tentative ruling can be obtained in unlimited)urisdiclion cases by calling(925)646-2600,in Richmond branch court cases by calling (510) 374-3313, in Walnut Greek-branch court cases by calling(925)646-6015,in Pittsburg branch court cases by calling(925)427-8477,beginning at 1:30 p.m.the court day preceding the hearing.Tentative rulings are also available on the court website www.cc-courts,org/tr.htm.(rev 1/1/04) 2.The tentative ruling will become the Court's ruling unless by 4:00 p.m.of the court day preceding the hearing counsel call the department rendering the decision to request argument and to specify what issues are to be argued. Calling counsel must advise all other affected counsel and unrepresented parties by no later than 4:30 p.m,of his or her decision to appear and of the issues to be argued. Failure to timely advise the Court and counsel will Ise preclude counsel from arguing the matter.(Rev 711/00) 3.The prevailing party must prepare an order after hearing in accordance with the requirements of California Rule of Court 391.(Rev. Vi 101) cv-s5sam'i-mev.1-p4 CM-010 ATTORNIFYORPARTY waiiourArm 0RNEY(Nin—.—,ln-06' -"bar•aria aaamis): FOR COURT USAi ONLY Nick T.Reckas SHN 67235 LAW OFFICES OF NICK T.RECKAS 336 Bon Air Center.#296 Greeribrac,CA 94904D i 1, 1 TELkVIKUNIENO- (415)464-09.13 FAX No.. (4151464-9801 Arr0r,'NCVFOn,-N.3nm,-. Plaintiffs Alexandra G.Skoumbas and Konstantine;S.Skournbas SUPERIOR COURT oFcA.LirnAWW COUNTY or Contra Costa -ii J 1 sTReETAonrcss: 725 Court Street 0 MAILING ADDRESS: CITYANDZtPCOX-: Martinez,CA 94553 • 0 ariANCII NAME: C(intra Costa CASE NAME: Alexandr-a G.SkoumbRs and KonsUntlno S.Skournbas CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBrn*. 0 Unlimited C] Limited c 05 0z 01 1 6 E: counter joinder (Amount {Amount JUDGE: demanded demanded is Filed with first appearance by defendant nett: $25,0001 $211,000 or tess) (Cal.Rules of Court,rule,18111 Aff five(5)itorris below m01-6a-ccmplofed(see(nstructioris on,page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation ❑ Auto(22) 0. Breach of Conti-ocilwarranty(i (Cal.Rules of Court,rules 1800-1812) ❑ Uninsured motorist(46) E] Colladiarls(09) Antitrust,[TraUe regulation(03) Other PUPD/Wo(Personal Injury/Property ❑ insurance coverage Construction defect(10) DamagalrWrongful Dcvlh)Tort ED Other contract(37) Mass tort(40) Asbestos(04) Real Property E] Securities litigation(25) ❑ PrCAuctilability(24) C3 Eminent 6rym-.)in1invcr3e FJ Environmental(TO'XIC ioil*t3O) ❑ Medical malpractice(45) Condemnation(14) ❑ Insurance coverage claims arising from The Other PI/Pn.'WD(23) 0 Wrongful eviction(33) above listed provisionally complex case Non-PIIPDMD(Other)Tort 0 Other real property(26) types(41) [I Flusiness loiVurilaIr business practice(137) "Unlawful Detainty Enforcement of Judgment Ll Civil rights(06) 0 Commercial(31) 0 Enforcement of judgment(20) ❑ Dpifnmation(IS) 0 Residential(32) Miscellaneous Civil Complaint ❑ RICO(27) ❑ Fraud(16) ❑ Drugs(16) ❑ Other complaint(not specifloOf above)(42) ❑ Intellectual nropertY 00) Judicial Review Miscallaneous Civil Petition ❑ I'rofession;;I negligence(25) 0 Asset forfeiture(05) ❑ Partnership and corporate governance(21) ❑ 01ber nun-1 1J)PDWD}ort(35) E3 ❑ Olhpr petition(not specified abuve)(43) Employment ❑ Writ of mandate(02) r 0 Wrrrn.rIfultermination(36) E] Other judicial review(39) Qttler employment(151 2. This Case LJ is ED is not complex under rule 1800 of the California Rules of Court.If the case Is complex,mark the factors requiring exceptional judicial management: a- El Large numbeir of separately represented parties d- C] Large number of witnesses b. ❑ E'xtensive motion practice raising difficult or novel 0. ❑ Coordination with related actions pending in one or more courts ISSUeS that witl be time-consuming to resolve c. ❑ Substantial amount Of(10cLi'mentary evidonce f. Substantial post-judgment.judicial supervision 3. Type of remedies sought(check aft that apply): a. N, monctaly b. 0 nonn-ionetary;declaraturynr injunctive relief c. (E punitive 4. Number of causes of action(specify): 3-Inverse conderliriRlion,nuisance and y6sp,Os to land 5, This case L3 is 0 isnot a Class action suit. Date: September 22,2009 Nick.T.Rackas (TYPE OR PRIN I NAME) (s*NA:iuKt vF PARTY dit ArrostNcy ron:PARTY1 Plaintiff ITILISt file this cover sheet with the first paper filed in the action or proceeding(exci-pt small claims cases or cases filer) NOTICE NOTICE / under the Probate,Family,or Welfare and Institutions Code).(Cal.Rules of Court,rule 20-1.8.)Failure to file may result in sanctions File this cover sheet in addition to any cover sheet required by local court rule. •If this case is complex under rule.1800 et sec,of the California Rules of Court,you must serve a copy of this cover sheet on all other parties to the action or pr6ceedUg. v Unless this is a complex case,this cover sheet will be used for statistical purposes only. Page I w2 FVM Ado tlui N11"'rIntary Lis& CIVIL CASE COVER SHEET - - C . . cert.rtaes.101 A.Iwo-lei 2; Juttual rol,r.r.41 t?Calilor r.a An�can bega'Rlil.Inc. 3tanjards or i nhdal AtInin1sirRuon.q:i CNA-011)I%V.July i. .W USCOU frolms.con, www rntrrlitrv.w gay SUPERIOR COURT - MARTINEZ COUNTY OF CONTRA COSTA MARTINEZ, CA, 94553 ALEXDRA SKOUMBAS VS . COUNTY OF CONTRA COSTA NOTICE OF CASE MANAGEMENT CONFERENCE CIVMSC05-02011 1. NOTICE: THE CASE.MANAGEMENT CONFERENCE HAS BEEN SCHEDULED FOR: DATE: 02/08/06 DEPT: 33 TIME: . 8 :30 THIS FORM, A COPY OF THE NOTICE TO PLAINTIFFS, THE ADR INFORMATION SHEET; A BLANK CASE MANAGEMENT CONFERENCE QUESTIONNAIRE, AND A BLANK STIPULATION FORM ARE TO BE SERVED OY OPPOSING PARTIES. ALL PARTIES SERVED WITH SUMMONS AND COMPLAINT/CROSS-COMPLAINT OR THEIR ATTORNEY OF RECORD• MUST APPEAR. 2 . You may stipulate to an earlier Casc Management Conference. If all parties agree to an early Case Management Conference, please contact the Court Clerk's. office at (925) 646-2960 for assignment of an earlier date. 3. You must be familiar with the case and be fully prepared to par- ticipate. effectively in the Case Management Conference and to discuss the suitability of this case for. the EASE Program, private mediation, binding or non-binding arbitration, and/or use of a Special Master. 4 . At any Case Management Conference the court may make pretrial orders including the following: a. an order establishing a discovery schedule b. an order referring the case to arbitration r.. an order transferring the case to limited jurisdiction d. an order dismissing fictitious defendants e. an order scheduling exchange of expert witness information f. an order setting subsequent conference and the trial date - g. an order consolidating cases h. an order severing trial of cross-complaints or bifurcating issues i. an order determining when demurrers and motions will be filed SANCTIONS If you do not file the Case Management Conference Questionnaire or attend the Case Management Conference or participate effectively in the Conference, the court may impose sanctions. (including dismissal of the case and payment of money) . Clerk of the Superior Court. of Contra Costa County Ideclare under penalty of perjury that I am not a party to this action, and that I delivered or mailed a copy of this notice -to the person representing the plaintiff/cross_complainant . Dated: 09/23/05 C. JACALA, Deputy Clerk , CONTRA COSTA COUNTY SUPERIOR COURT ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION SHEET The Contra Costa County Superior Court encourages people to use Alternative Dispute Resolution (ADR)to settle their cases before trial. People can choose the ADR process they will use by: > Choosing one of the ADR process options listed on the Case Management Form (Form CM-11 g ); . > Filing a Stipulation to Continue First Case Management Conference to Attend ADR (local court form);or Agreeing to ADR at your first court-appearance. Questions? Call (925) 646-2127, or go to www.cc—courts.org/adres.htm ,JUDICIAL MEDIATION Mediation is often faster and cheaper than going to trial. In this process, an independent person(the mediator)helps people who are having a dispute talk about ways.they can make an agreement that will settle the case. Before mediation, each party must write a summary(no more than 5 pages)explaining the facts, legal arguments, and legal authority for their position. They must send this to the other parties and the mediator at least 5.court days before their First mediation conference. Most mediators begin by talking with the parties together, helping them to focus on the most important issues. Later, the mediator may meet with each party alone.Medlators often ask each party to offer ideas for settling the conflict. Some mediators wilt tell the parties what they think the parties should agree to,or what might happen if the case went to trial,while others help the parties decide for themselves. No matter what approach a mediator takes, he or she will not make any final decisions. Agreements can only be reached if the parties agree. Normally, if the court orders mediation, ALL parties and their attorneys must attend. Mediation can be held whenever and wherever the parties and the mediator want, as long as they finish before the court deadline. In some cases, parties may be offered the chance to attend an in-court mediation session, Parties can choose whether their agreement will become a court order or be written up as a contract. It is confidential (private) unless all parties agree that the mediator will write a private report to the judge(section 208, local court rules). If the parties go through the court's ADR program, the mediators on the panel have agreed not to charge any fees for either the first half hour spent scheduling or preparing for mediation, or for the first two hours of the mediation. If the parties need more time, they must pay the mediator's regular fees. Some mediators may ask the parties to pay a deposit before mediation starts. If this happens, the mediator must give back whatever is left after counting ail the time he or she spent preparing for or doing the mediation. A party whose court fees 'have been waived (cancelled)may ask if their mediation fees or deposit can be waived. PRIVATE MEDIATION Private mediation works in the same way as judicial mediation, but the parties do not go through the . ADR Programs office. Parties choose a mediator on their own, and pay the mediator's normal fees, JUDICIAL ARBITRATION (Non-Binding In arbitration, an independent attorney(an arbitrator)looks at the evidence, hears the arguments, listens to witnesses, and makes a decision about the case under review. (If the parties cannot agree on an arbitrator, the court will assign one.) it is less formal than a court hearing, and is used when the amount of money in a dispute is less than$50,000.Cases may also.go to judicial arbitration if the person who started the court case agrees to limit the amount he or she asks for to$50,000,or if the parties all agree to use arbitration.The arbitration award (decision) must be filed with the court within 10 days of the last arbitration hearing. It becomes a court order unless a party disagrees with the decision and, within 30 days, asks the court to review the case;This is done by filing form ADR 102 to ask for a new court hearing (called a trial de novo.) Judicial arbitrators are allowed to charge $150 per cause or per day for their services. The arbitrator collects this fee from the parties. PRIVATE ARBITRATION (NON-13(NDING and VN ING) Private, non-binding arbitration is the same as judicial arbitration, except that the parties do not go through the ADR Programs office. Parties choose an arbitrator on their own, and.pay the arbitrator's normal fees. Binding arbitration is different from judicial (non—binding) arbitration because the arbitrator's decision is final. Parties give up their right to have a judge review their case later, (except for reasons listed In California Code of Civil Procedure, Section 1286.2.) Binding arbitration rules are the same as those for judicial arbitration, and are iisted.in. California Code of Civil Procedure, Sections 1280-1288.8. Parties may also agree any time before the judge has made a decision that ends the case to switch to ndin arbitration. Parties choose the arbitrator on their own,and must pay the arbitrator's normal (not$150)fees. PRETRIAL!MORNING OF TRIAL SETTLEMENT MENTOR CONFERENCE in the settlement mentor conference, an independent attorney(a settlement mentor) helps parties look for ways to settle their case before it goes to trial.The conference is often scheduled for the morning of trial, but it can be scheduled anytime, These settlement mentor conferences usually last two hours.The parties do not present evidence,and witnesses are not called. Parties can ask the settlement mentor to keep some information confidential (private)from the other party. but any information may be shared with the judge. When appropriate,the settlement mentor may involve the judge in the settlement discussions. Normally, all principals or clients and all claims . representatives must attend the settlement mentor conference.There is no fee for a settlement mentor conference. NEUTRAL CASE EVALUATION In neutral case evaluation, an independent attorney(evaluator) reviews a summary of what each party might tell the court, and offers an overall opinion about what could happen if the case went to trial. Many people use this information to reach an agreement on their own, or use another form of ADR(such as mediation or arbitration)to settle their case. +n+ 2 NEUTRAL CASE EVALUATION (continped) Before evaluation, each parry must write a summary(no more than 5 pages)explaining the facts, legal arguments, and legal authority for their position.They must send this to the other parties and the evaluator at least 5 court days before their first evaluation conference. Normally, If the court' orders evaluation,ALL parties and their attomeys must attend.Evaluation may be held whenever and wherever the parties and the evaluator want, as long as they finish before the court deadline. If the parties go through the court's ADR program,the evaluators on the panel have agreed not to charge any fees for either.the first half hour spent scheduling or preparing for the evaluation, or for the first two hours of the evaluation conference, If the parties need more time, they must pay the evaluator's regular fees. Some evaluators may ask the parties to pay a deposit before evaluation .starts. If this happens, the evaluator must give back whatever is left after counting all the time he or she spent preparing for or doing the evaluation.A party whose court fees have been waived (cancelled)may ask If their evaluation fees or deposit can be waived. PILO T M TRIAL Some parties want a trial, but want to choose their own trial date. To do this, the parties can agree that the court will appoint an attorney to be a temporary (Pro Tem) judge for just their case. (See Article 6, Section 21 of the State Constitution and Rule 244 of the California Rules of Court.)As long as the parties meet the court deadline, they can schedule the pro Tem trial at their own and the temporary judge's convenience. Each of the temporary judges on the court's panel has agreed to serve at no charge for up to 5 court days. If the parties need more time, they must pay the temporary judge's regular fees. All parties and their lawyers must attend the trial, and provide a copy of all briefs or other court documents to the temporary judge at least two weeks before the trial. The temporary judge's decision can be appealed to the superior court. Pro Tem trials are similar to other civil trials, but are conducted outside the court. There Is no option for a jury trial. The parties must provide their own court reporter, SPECIAL MASTER A special master is a private lawyer, retired Judge, or other person appointed by the court.to help make day-to-day decisions in a court case. The special masters role can vary, but often Includes making the discovery (information exchange) process go more quirkiy and smoothly. He or she can make decisions about the "facts* in the case, and facilitate settlement negotiations. Special masters can be especially helpful in complex,cases. The trial judge defines the special master's role and authority In a court order. Special masters often issue both interim recommendations and a final report. If a party objects to what the special master reports to the court, that party can ask the court to review the matter. In general, the parties choose (by stipulation) whom they want the court to appoint as the special master, but there are times (see California Code of Civil Procedure Section 639), when the court may appoint a special master or referee without the parties' agreement. The parties are responsible to pay the special master's regular fees. [These R COMMUNITY DISPUTE RESOLUTION SERVICES IN CONTRA COSTA COUNTY community programs use trained volunteers to provide confidential, low-cost mediation: rnia Community Dispute Services 510-231-4190 (www.cgcds.org) ct Resolution Panels of Contra Costa 925-798-6132 ress of Neutrals (925)937-3008 (www.coneutrals.org) Revised 1 f1,AX 3 • IN THE SVr'ERIOR COURT OF THE STATE OF C.,LIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA Case Number Date complaint filed: Plaintiffs) VS. First case management conference: Stipulation to Continue First Case Management Conference to Attend ADR Defendants(&) NOTICE: ► THIS STIPULATION MUST BE SUBMITTED,WITH CASE MANAGEMENT STATEMENTS,TO THE ASSIGNED DEPARTMENT AT LEAST 15 DAYS BEFORE THE FIRST CASE MANAGEMENT CONFERENCE. ► THE SIGNED ORDER MUST BE SENT TO THE ADR OFFICE WITHIN S COURT DAYS: FAX:(925)646-2910 P.O.$OX g1S,MAIRTINEZ,CA�4553 Counsel and the parties certify they have met and conferred an the subjects set forth in Rule of Court 212(b),including the selection of an alternative dispute resolution (ADR)process:[check mone]: ❑ Judicial mediation ❑ Private medlation ❑ Judicial arbltration ❑ Private arbitration U Neutral case evaluation COUNSEL AND THE PARTIES AGREE TO COMPLETE ADR WITHIM 90 DAYS Counsel and the parties further certify: 1. All parties have been served and intend to submit to the jurisdiction of the court; 2. All parties have agreed to a specific plan for sufficient discovery to make the ADR process meaningful; 3. Oefendant(s)'first appearance fee has been paid or will be submitted with this Stipulation and Order; 4. Copies of this Stipulation and self-addressed stamped.envelopes are provided for returning file-stamped copies to counsel and the parties; 5. Case Management Conference Statements are fully completed and submitted with this Stipulation; 6_ All parties will attend ADR conferences as required by local court rule(Appendix C);and, 7. All parties are aware that a request for continuance of the ADR deadline established by this Stipulation and order is discouraged,and the request may be denied if,in the judgment of the court,a case management conference should be held at the time originally scheduled. Counsel for Plaintiff (print name) Counsel for Defendant (prfnf nerne) Signature Signah" Counsel far Plaintiff (print name) Counsel for Defendant (print name) Signature Signature Pursuant to the Stipulation of the parties,and subject to the Case Management Order to be flied,IT IS SO ORDERED that the Case Management Cenfemnce set for is vacated and rescheduled for at (8:30 a.m./ )Plaint] S counsel must nblifv all oartias of the case management conference. Dated: Judge of the Superior Court CV46ft Ito/04 ATTORNe"OR PARTY ARTY NATFYJUT ATTORNEY(Name.Wbe ser nymbv:vnd FOR COURT USE ONLY CM-110 lddresil: i TELEPHONE NO.. FAX W)rt#*A.).W: R-W&ADDRESS Mp i--* ATTORVFY FDR(.Mame): S 12ERIOR COURT OF CALIFORNIA,COUNTY OF STREET ADDRE53: AUJUNO AMRFSS• CITY AND Yif'CUDE: . BRANCai NAW4 PLAINT IF F(PETITIONER: DEFENDANTIR ESPONDENT: CASE MANAGEMENT STATEMENT r.ASF NUINSER: (Check one): 0 UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is$25,000 exceeds$25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Dale: Time: Dept.: Div.: Room: Address of court(if difterani from the address above): INSTRUCTIONS:All applicable boxes must be checked,and the specified Information must be provided. 1. Party or parties(answer one): ` a. This statement is submitted by party(narne): b. Q This statement is submitted Jointly by parties(names): 2. Complaint and dross-complaint(to be answered by plaintiffs and cross-complainanis only) a. The complaint was filed on(date): b. O The cross-complaint,if any,was fled on(date): 3. Service(to be answered by plaintiffs and cross-complainants only) a. All parties named In the complaint and cross-complaint have been served,or have appeared,or have been dismissed. b. The following parties named in the complaint or cross-complaint (1) 0 have not been served(specify names and explain why not). (2) U have been served but have not appeared and have not been dismissed(specify names): (3) 0 have had a default entered against them(specify names): c. [] The following additional partles may be added(specvty names,nature of involvement in case,and the date by which they may bo served): 4. Description of case a. Type of case in Q complaint 0 Cross-complaint (describe,Including causes of action): Pape l Cit Fain ted kN Mandrtnry lJ� Gal RUIla W CWn cE .;iarr� a CASE MANAGEMENT STATEMENT �aX12 CM-110(Re,Jamory 1,20051 AP1EMe-am LegarmeL Int tmw.USCounr0f .%.cam PLAINTIFFIPETITIONER: CASE MUMRFR• OE.F ENDANTlRESPONDENT: 4. b. Provide a brief statement of the case,including any damages.(if personal injury damages are sought, specify the injury and damages claimed,including medical expenses to date irndicste source and amount), estimated future medical expenses,lost earnings ro date,end estimated future lost earnings.If equitable relief is sought,describe the nature of the relief.) (if more space is needed,check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury trial 0 a nonjury trial (if more than one party,provide the name of each party requesting a jEiry(tial): 6. Trial date a. = The trial has been set for(date).- b. n No trial date has been W.This case will be ready for trial within 12 months of the date of the filing of the complaint(rf not•explain): c. Dates on which parties or attorneys will not be available for trial(specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take(check one), a. days(specify number); b. hours(short causes)fspecify): 8. Trial rep resentatlon(to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption by the Following: a. Attorney: b. Firm: c. Address: d. Telephone number: e. Fax number. f. E-mail address: g. Party represenied: (� Additional representation is described in Attachment 8. 9. Preference Q This case is entitled to preference fspecify code seclicn). 10. Alternative Dispute Resolution(ADR) a. Counsel 77-3 has = has nal provided the ADR information paLltage:ldentifned in nate 20).%In the Omni and has reviewed ADR options with the client. b. = All parties have agreed to a form of ADR.ADR will be completed by(date): C. The case has gone to an ADR process()ndicate sfatus): CM.1 i01ne+.Januaryl 2006J CASE MANAGEMENT STATEMENT Page 2 cr 4 Rtncs+Gln-wry6lMel,Uc wvew.U:P1+lhams.ev*+.I PLAINTIFFIPETITIONER: CASE NULMR' DEFENDANTIRESPONDENT: 10.d. The party or parties are willing to participate in(check all that apply): (i) = Mediation (2) n Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12(discovery to close 15 days before arbitration under Cal. Rules of Court,rule 1612) (3) Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12(discovery to remain open until 30 days before trial;order required under Cal.Rules of Court,rule 1612) (4) L] Binding judicial arbitration (5) Binding private arbitration (6) 0 Neutral case evaluation (7) Other(Specify):. e. This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit. f. Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Cade of Civil Procedure section 1141.11. g. [] This case is exempt from judicial arbitration under rule 1601(b)of the Califomia Rules of Court(specifyexemp6'on): 11.Settlement conference )� The party or parties are wiling to participate in an early seltlemeni conference(specify when): 12.Insurance a. Insurance carrier,if any,for party filing this statement(name).- b. Reservation of rights: Yes = No c. Coverage issues will significantly affect resolution ofthis case(explain): 13.Jurisdiction Indicate arty matters that may affect the courl's jurisdiction or processing of this case,and describe the stalus. Bankruptcy Other(specify): Status' 14.Related cases,consolidation,and coordination a. U There are companion,underlying,or related cases, (1)Name of case: (2)Name of court: (3)Case number: (4)Status: 0 Additional cases are described in Attachment 14a. b, 0 A motion to [Q consolidate 0 coordinate will be filed by(name parfy): 15.Bifurcation The party or parties intend to file a motion for an order bifurcating,severing,or coordinating the following issues or causes of action(specify moving party, type o/motion,and reasons): 16.Other motions O The party or pa rties expect to file the following motions before trial(specify moving party, (ype of I onion, and issues): cu-,10[Rev.JWVaiy 1.2wq CASE MANAGEMENT STATEMENT pa",3 01 .angrdan LvpaMef,Inc I ' PtAtNTrYr�esPosto�lvT•FFMr=TlTIONEFt: CAU NUMPFR: ` oEFEsion� . 17. Discovery a. [�D The party or parties have completed all discovery. b. CJ The following discovery will be completed by the date specified(describe all anticipated discovery): Partv a cri tion ate c. The following discovery issues are anticipated(specify): 18. Economic Litigation a. [] This is a limited civil case(i.e.,the amount demanded is$25,000 or less)and the economic litigation procedures in Code of Civil Procedure sections 90 through 9B will apply to Ibis case, b. This is a limited civil use and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be flied()f checked,explain specifically why economic litigation procedures relating to discovery or frral should not apply to this case): 19. Other issues The party or parties request that the following additional matters be considered or determined at the case management conference(specify): 20.-Mast and confer a, Q The parry DT parties have met and Conferred with all parties on all subjects required by rule 212 of the Caldornia Rules of Court(rf not, e.rnlain). b.After meeting and conferring as required by rule 212 of the Catlfornia Rules of Court,the parties agree an the followlag . (sAecify): 21. Case management orders Previous case management orders in this case are(check one)- none 0 attached as Attachment 21, 22. Total number of pages attached(if any): I am completely familiar with this case and will be fully prepared to discuss the status of discovery and Aa R,as well as other issues raised by ibis statement,and will possess the authority to enter into stipulations on these issues at the time of the case management conference,including the written authority of the party where required, 4afe•. (TYPE oR r'RinT NAME) - (S,GNATVRE OF PARTY OR ATTIP..NEY, (TYPF OR PRINT NAME) (SIGNATURE OF PARTY nK ATTOWNEY1 [] Additional signatures are attached cA+.,,olRe��m�ry,.zoo i CASE MANAGEMENT STATEMENT AnmdcvLepeNtl,Inc. • r�.USCour:Fum*uxn Nick T. Reckas (SBN 6 235) LAW OFFICES OF NICK T. RECKAS 2 336 Bon Air Center, #296 i I' Greenbrae, CA 94904 �' , � 7 3 Telephone: (415) 464-0913 0 ` Facsimile: (415)_ 464-9801 1r.`,a 4 r Tkl I'r� U A �u � Attorney for Plaintiffs wv� 5 Alexandra G. Skoumbas and Konstantine S. Skoumbas J 6 5 7 8 SUPERIOR COURT OF THE STATE QF�CALIFORNIA 9 COUNTY OF CONTRA COSTA --UP tTl6ITED JURISDICTION 10 11 Alexandra G. Skoumbas and ) Case No.: C05-00552 12 Konstantine S. Skoumbas, FIRST AMENDED COMPLAINT FOR INVERSE CONDEMNATION, COMMON 13 Plaintiffs, ) LAW AND STATUTORY NUISANCE 14 V. AND TRESPASS TO LAND ) 15 The County of Contra Costa, The City of ) Orinda, Eric V. Jorgensen and Laura C. ) 16 Jorgensen, Mark R. Levie, Gail M. Levie, ) The Levie Family 2004 Trust, Mark ) 17 Solow ay, The Solow ay Family Trust, and ) 18 Does VIII through X, ) 19 Defendants. ) 20 21 FIRST CAUSE OF ACTION 22 (Continuing Nuisance Against All Defendants) 23 2.4 1 . Plaintiffs Alexandra G. Skoumbas and Konstantine S. Skoumbas (" Plaintiffs"), at 25 all times mentioned herein were the owners and in possession and control of certain 26 parcels of undeveloped land located near Patricia Road and Beatricia Road in the City of 27 Orinda, County of Contra Costa, California. The Plaintiffs' lots are identified as APN: 28 273-100-024/273-100-025 1 FIRST AMENDED COMPLAINT FOR INVERSE CONDEMNATION, COMMON LAW AND STATUTORY NUISANCE AND TRESPASS TO LAND 1 273-100-026/273-100-040/273-100-07 2 273-100-041/273-10 0-042 3 273-100-043/273-100-044/273-100-044 4 273-100-045/273-100-046 5 2. Defendant County of Contra Costa is, and at all times mentioned herein was, a county duly organized and existing under the laws of the State of California. 6 3. Defendant the City of Orinda is, and at all times mentioned herein was, a 7 chartered city, duly organized and existing under the laws of the State of California and 8 situated in the County of Contra Costa. 9 4. Defendants Eric V. Jorgensen and Laura C. Jorgensen are husband and 10 wife and were the owners of that piece of real property located at 16 Candlestick 11 Road, Orinda, CA 94563. At the time of filing the original complaint, Plaintiffs were 12 ignorant of Defendants Eric V. Jorgensen and Laura C. Jorgensen's names and/or their 13 responsibility for the wrongful acts alleged herein, stated those facts in the complaint, and designated the Defendants by fictitious names. Those Defendants' true names 14 have now been discovered and Plaintiffs hereby amend their complaint to substitute 15 Defendant Eric V. Jorgensen for Doe I and Laura C. Jorgensen for Doe ll. 16 5. Defendants Mark R. Levie and Gail M. Levie are husband and wife. Prior 17 to January 16, 2004, the Levies were the owners of that piece of real property located 18 at 21 Candlestick Road, Orinda, CA 94563. On January 16, 2004, the Levies formed 19 the Levie Family 2004 Trust and conveyed all right, title and interest to their residence 20 to the Trust. At the time of filing the original complaint, Plaintiffs were ignorant of 21 Defendants Mark R. Levie, Gail M. Levie and The Levie Family 2004 Trust's names 22 and/or their responsibility for the wrongful acts alleged herein, stated those facts in the complaint, and designated the said Defendants by fictitious names. The identities of 23 those Defendants and their responsibility to Plaintiffs for the wrongful acts alleged 24 herein have now been ascertained and Plaintiffs hereby amend their complaint to 25 substitute Defendant Mark R. Levie for Doe III, Defendant Gail M. Levie for Doe IV and 26 Defendant The Levie Family 2004 Trust for Doe V. 27 28 2 FIRST AMENDED COMPLAINT FOR INVERSE CONDEMNATION, COMMON LAW AND STATUTORY NUISANCE AND TRESPASS TO LAND 1 6. At all times relevant herein from April 1 , 1999 until August 29, 2002, 2 Defendant The Soloway Family Trust was the owner of that single family residence 3 located at 19 Patricia Road, in the City of Orinda, CA 94563. On August 29, 2002, 4 The Soloway Family Trust, acting by its trustees Mark Soloway and Lynn Soloway, or 5 their successors in trust conveyed all its right, title and interest to the residence located at 19 Patricia Road to Mark Soloway, a married man as his sole and separate property. 6 At the time of filing the original complaint, Plaintiffs were ignorant of Defendants The 7 Soloway Family Trust and Mark Soloway and/or their responsibility for the wrongful 8 acts alleged herein, stated those facts in the complaint, and designated the said 9 Defendants by fictitious names. The identities of those Defendants and their 10 responsibility to Plaintiffs for the wrongful acts alleged herein have now been 11 ascertained and Plaintiffs hereby amend their complaint to substitute Defendant The 12 Soloway Family Trust for Doe VI and Mark Soloway for Defendant VII. i 13 7. The true names or capacities, whether individual, corporate, associate, or 14 otherwise, of Defendants Does VIII through X are unknown to Plaintiffs, who therefore sue such Defendants by such fictitious names, and will amend this complaint to show 15 their true names and capacities when ascertained. Plaintiffs are informed and believe 16 and thereon allege that each of the Defendants designated as a DOE is responsible in 17 some manner for the nuisance and trespasses herein referred to and thereby 18 proximately caused the damages to the Plaintiffs as herein alleged. 19 8. Plaintiffs are informed and believe and thereon allege that at all times 20 herein mentioned each of the Defendants was the agent and employee of each of the 21 remaining Defendants, and in doing the things hereinafter alleged, was acting within 22 the course and scope of such agency and employment. 9. At all times mentioned herein Defendants the County of Contra Costa, the 23 City of Orinda, Eric V. Jorgensen and Laura C. Jorgensen, Mark R. Levie, Gail M. Levie, 24 The Levie Family 2004 Trust, Mark Soloway, The Soloway Family Trust and Does VIII 25 through X owned, operated, controlled, repaired and maintained the storm drain 26 facilities located at or near Candlestick Road in the City of Orinda, County of Contra 27 Costa. 28 3 FIRST AMENDED COMPLAINT FOR INVERSE CONDEMNATION, COMMON LAW AND STATUTORY NUISANCE AND TRESPASS TO LAND 1 10. From at least January1 ,1997 and continuing to the present time, 2 Defendants, and each of them, have so carelessly and negligently owned, operated, 3 controlled and maintained their storm drain facilities located at or near Candlestick 4 Road so that water is continually being discharged from Defendants' storm drain 5 facilities on to Plaintiffs' land causing soil erosion and damage to Plaintiffs' property. 11 . The aforementioned ownership, use, and maintenance of the storm drain 6 facilities of Defendants, and each of them, constitutes a nuisance within the meaning 7 of Section 3479 .of the Civil Code in that it was and is injurious to Plaintiffs' land and 8 interfered with the comfortable use and enjoyment of the land. 9 12. On or about May 6, 1997, Plaintiffs gave notice to Defendants of the 10 damage caused by the continuing nuisance to their property and requested its 11 abatement., but Defendants, and each of them, refused and continue to refuse to abate 12 the nuisance. 13 13. As a proximate result of Defendants' refusal to abate the nuisance, Plaintiffs were hindered and prevented from developing their property and were forced 14 to sell it at a greatly reduced price. 15 14. As a proximate result of the continuing nuisance created by Defendants, 16 Plaintiffs sustained damages in the sum of Two Million Dollars ($2,000,000) or such 17 other amount proven at trial which consists of the diminished value of Plaintiffs' land. 18 15. As a further proximate result of the nuisance created by Defendants and 19 each of them, Plaintiffs have been caused to sustain mental distress and emotional 20 upset to their respective general damages in a sum which pursuant to C.C.P. § 425.11 21 is not stated and will be later stated for each Plaintiff according to proof. 22 16. In maintaining the nuisance,defendants, and each of them, are acting 23 with full knowledge of the consequences and damage being caused to Plaintiffs' property, and their conduct is willful, oppressive, and malicious; accordingly, with the 24 exception of the public entity Defendants, i.e., the County of Contra Costa and the 25 City of Orinda, Plaintiffs are entitled to recover punitive damages against the remaining 26 Defendants, and each of them. 27 28 4 FIRST AMENDED COMPLAINT FOR INVERSE CONDEMNATION, COMMON LAW AND STATUTORY NUISANCE AND TRESPASS TO LAND 1 17. On December 30, 2004, Plaintiffs presented to Defendant the County of 2 Contra Costa by delivering a claim to the clerk of the Board of Supervisors for the 3 damages and losses suffered and incurred by them by reason of the above-described 4 nuisance and/or occurrences, all in compliance with the requirements of Government 5 Code Section 905. A true and correct copy of the claim is attached hereto as Exhibit 1 and made a part hereof. 6 18. On or about January 5, 2005, Defendant the County of Contra Costa 7. through its counsel gave notice of insufficiency and/or non-acceptance of Plaintiffs' 8 claim, a true and correct copy of which is attached hereto as Exhibit 2. s 19. On or about January 26, 2005, Plaintiffs presented an amended claim 10 against Defendant the County of Contra Costa by delivering the amended claim to the 11 clerk of the Board of Supervisors for the damages and losses suffered by them by 12 reason of the above-described nuisance and/or occurrences, a true and correct copy of 13 which is attached hereto as Exhibit 3. 14 20. On or about February 8, 2005, the Board of Supervisors rejected the claim in its entirety. A true and correct copy of the notice of rejection is attached hereto as 15 Exhibit 4. 16 21 . On or about December 30, 2004, Plaintiffs.presented to Defendant the 17 City of Orinda by delivering a claim to the city clerk for the damages or losses suffered 18 by Plaintiffs by reason of the above-described nuisance, all in compliance with the 19 requirements of Government Code Section 905. A true and correct copy of the claim 20 is attached hereto as Exhibit 5 and made a part hereof. 21 22. Defendant the City of Orinda failed-to act on the claim within the period of 22 45 days after its presentation, and the claim was thus deemed rejected under the provisions of Government Code Section 912.4, at the expiration of the 45-day period, 23 to wit, on February 14, 2005. 24 WHEREFORE, Plaintiffs,pray judgment against Defendants, and each of them, as 25 hereinafter set forth. 26 SECOND CAUSE OF ACTION 27 (Continuing Trespass to Property Against All Defendants) 28 5 FIRST AMENDED COMPLAINT FOR INVERSE CONDEMNATION, COMMON LAW AND STATUTORY NUISANCE AND TRESPASS TO LAND 1 23. Plaintiffs incorporate by reference paragraphs 1 through 22, of the First 2 Cause of action, and reallege the same as though fully set forth herein. 3 24. On or about January 1 , 1997 and continuing until the present, Defendants 4 and each of them, wrongfully and unlawfully caused storm drain water to be 5 discharged on Plaintiffs' land by their storm drain facilities located at Candlestick Road in the City of Orinda, County of Contra Costa thereby eroding the soil and severely 6 damaging the Plaintiffs' property. 7 25. As a proximate result of Defendants' storm drains continually discharging 8 water on to Plaintiffs' land, Plaintiffs' property has been severely damaged thereby 9 diminishing its value. 10 WHEREFORE, Plaintiffs pray judgment against Defendants, and each of them, as 11 hereinafter set forth. 12 THIRD CAUSE OF ACTION 13 (Inverse Condemnation Against the County of 14 Contra Costa and the City of Orinda) ' 26. Plaintiffs incorporate by reference Paragraphs 1 through 25, except 15 Paragraphs 15 and 16 of the First and Second Causes of Action, and reallege the same 16 as through fully set forth herein. 17 27. Defendants The County of Contra Costa and The City of Orinda own, 18 operate and control the storm drain system located at Candlestick Road which is in 19 close vicinity to Plaintiffs' property. 20 28. The continuing and intermittent discharge of rain water on Plaintiffs' land 21 causes a substantial interference with the use and enjoyment of Plaintiffs' above- 22 described property, which amounts to a taking and damaging of the property for which 23 defendants The County of Contra Costa and the City of Orinda have not compensated Plaintiffs. 24 29. The continuing discharge of rain water on Plaintiffs' land has caused a. 25 reduction in the market value of Plaintiffs' property in the amount of $2,000,000. 26 30. Plaintiff's have incurred and will incur attorneys' fees, appraisal, and . 27 engineering fees because of this proceeding, in an amount that cannot yet be - 28 6 FIRST AMENDED COMPLAINT FOR INVERSE CONDEMNATION, COMMON LAW AND STATUTORY NUISANCE AND TRESPASS TO LAND 1 ascertained, which are recoverable in this action under the provisions of Code of Civil 2 Procedure § 1036. 3 WHEREFORE, Plaintiffs pray judgment against Defendants, and each of them, as 4 follows: Under the First and Second Causes of Action 5 1 . For the diminished value of Plaintiffs' property resulting from the physical 6 damage caused by the water intrusion and defendants' refusal to discontinue the 7 nuisance and the continuing trespass; 8 2. Damages for interference with the use and enjoyment of Plaintiffs' land; 9 3. General damages in an amount to be proven at trial for mental distress and 10 emotional upset. 11 4. Punitive damages according to proof; 12 Under the Third Cause of Action 13 5. For damages in the amount of $2,000,000 with interest thereon at the legal rate from the date of the damages; 14 6. For reasonable attorneys, appraisal, and engineering fees according to 15 proof; 16 Under All Causes of Action 17 7. For costs of suit herein incurred; and 18 8. For such other and further relief as the court may deem proper. 19 20 LAW OFFICE OF NICK T. RECKAS 21 22 � Dated: a " v By 23 kck T. Reckas, Attorney for Plaintiffs Alexandra G. Skoumbas 'and 24 Konstantine Skoumbas 25 26 27 28 7 FIRST AMENDED COMPLAINT FOR INVERSE CONDEMNATION, COMMON LAW AND STATUTORY NUISANCE AND TRESPASS TO LAND "NWy RUCTIONS TO CLAIMANT .._ A. A claim relating to a cause of action for death or for in'ury,to person or to personal•property or Vowing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to my other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office In Room 106, County Administration Building, 651 Pine Street,Martinez,CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. ] If the claim is against more than one public entity, separate claims.must be filed against each public entity. E, Fraud. See penalty for fraudulent claims,Penal Code Sec. 72 at the erld of this form. Sam rson rrrrsorrirorNovo rrrnrrrarrrar*usages rrrrrwrrrs RE: Claim By: Reserved for Clerk's filing stamp Alexandra G. Skoumbas ) } Against the County of Contra Costa or ) d E C 3 0 2004 ) MERK MANN of suP isoRs District) CONTRA COSTA Co. (Filln the name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named Atiiet in the sum of$;�,D o oo ,a a a __and in support of thus claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) Plase see Exhibit A, attached hereto. 2. Where did the damage or injury occur? (Include city and county) Please see. ExhibitA, attached hereto. 3. How did the damage or injury occur? (Gave full details;use extra paper if required) Please see Ekhibit A, attached hereto. 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? See claimants' response to item 3, above. 5 What are the names of'eounty or district officers,servants, or employees causing the damage or injury? Unknown at this time. dCHIBIT 6. What damage or injurir, do, , .jur ciaun resuit"t (Lftve fait ev"+ t ug arias or aamages claimed. Attach two est J, 'for auto damage.) J Diminution , in value of claimants' real property. 7, How was the amount :claimed abovo computed? (Include the estimated amount of any prospective injury or dainage.) Please see Exhibit A, attached hereto. 8. Names and addresses of witnesses,doctors,and hospitals: Please see Exhibit A, attached hereto. 9. List the expenditures you made on aecomA of this accident or injury: D TZE AMOUNT 12-27-04 $3,014.99 in engineering fees arraOOaaoPUPS aonaaraaaraaWEN rarrrrarraaraaaaaaraaaMaaaragas arararaaaRISE aaaaaaagnaw m Gov. Code Sec.910.2 provides"Me claim shall be signed by the claimant or by some person on his behalf." SEND NOTICES ':O: (Attorney) ' } X Name and address of Attorney ) )X a. Nick T. Reckas ((CC Law offices of Nick T. Alexandra S]co�s Sipature) Reckas )Konstantipe Skoumbas 336 Bon Air Center, 0296 Address Greenbrae, CA 9490'4 )3123 Stanley Boulevard afayette, CA 94549 Telephone No. )Telephone No.• (9 2 5) 938-1,452 xPagovogwe own owe*an a a a a am on am am go awwww"Noxg a Sawa aa■WEE`araalarr9 PUBLIC RECORDS NOTICE.- Please OTICE:Please be advised that this claim form,or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, 55 6500 et seq.) Furthermore, any attachments,addendums, or supplements attached to the claim fornr, including medical records, are also subject to, public disclosure. rraaara a IN a C a a a a a all's a s am as ra IN a as a a a as aaa Ito a err a rri a aaa Vegas a s aas a a a iia a a a a a WE era arfra( NOTICE: Section 72 of the Penal Code provides: Every person who, with intent to defraud, presetdn for allowance or for payment to'any state board or officer,or to any cpuuty, 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 dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by'a fine of not exceeding ton thousand dollars ($10,000),or by both such imprisonment and flits, y: • F: P � • 1 Ate' .� EXHIBIT A 1. The injury to claimants'property is ongoing and continuing: However,claimants sustained damages when they were forced to sell their property significantly below its fair market value an November 4,2004. 1 2. The damage or injury to claimants'property occurred at Vatricia Road and Beatricia Road in the City of Orinda,County of Contra Costa,California. 3. The damage or injury to claimants' property occurred as a direct result of the county's negligent failure to properly maintain its storm drain facilities located at Candlestick Road in the City.of Orinda, County of Contra Costa. 7. The amount being claimed is the difference between what the claimants' property would have been worth had it not been disfigured as a result of the county's wrongful acts and its fair market value in its present damaged condition.. 8. Konstantine Skoumas, Alexandra Skoumbas 3123 Stanley Boulevard Lafayette,CA 94549 Robert Pylce Consulting Engineer 1076 Carol Lane, Suite 136 Lafayette, CA. 94549 John Lisenlco,P.E. 26 Orinda Way Orinda,'CA 94563 John L. Snyder 20 Patricia Road Orinda, CA 94563 OFFIC'B OF THE COUNTY COUNSEC1 SWANO B.MARCHESI COUNTY OF CONTRA COSTA COt�mr Counis>a ' c AdminietmOon Building t ``i SHARam L ANmoN 651 Pine Street,P Floor " Gaw Asstsi w Mafter, Callfornla 04669-1229 r `� • HAM (e2) 335.1000 l GV�s JJ.'RmcHi (9 0)sae-4078 (fax) - �,• Assisum ANDMOR NDX-A=T, . CE OF TO:,. Nick T,Rackas Law Offices of Nck T.Rwbs 336 Bon Air Center, #296 Greenbrae,'CA 94904 RB:. CLAIM OF:. Alexandra 43. Skoumbas and Koi►Btantine S. Skoumbas 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 repirements of California Government Code Section 910 and 910,2,or is otherwise insuffident for the reasons ehaa(md below: ] L The claim fails to state the name l and post office address of the claimant. j ]2. The claim flails to slate the post offnoe address to which the person presenting the claire desires notices to be sent. [X] I The claim tails to state the daze,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. j 14, The claim fails to state the name(s)of the public employees) causing the injury, damage,or loss, if known.. [ a 5. The claim fails to state whether the amount claimed exoeeds ten thousand doilana($10,000). If the claire totals less than ten thousand dollars($10,000), the claim fails to state tho amount claimed as of the date of presentation,the estimated amount of any prospective injury, damage or loss so Ni as known, or the basis of computation of the amount claimed. j 16, The maim is not signed by the claimant or by some person on his or her behalf, �B EJCH tl' J Page 1 [X]7. Other. Pieaso provide the date the propmly was allegedly dammgod or."disf gored" iie a result of the maWename of the County's atoim drain facilities at Candlestick Road in Orinda. SXLVANO B.MARCHER COUNTY COUNSEL By: Monika L.Cooper Deputy County Counsel CERT PMAM OF S RYICl3 B'S ,MAI (C—C.P.§§ 1612,10M6 2815.5;Evidence We J§641,664) I stn a resident of.dw State of California, over the age of eighteen.yeaM and not R.party to the within sauce. My business address is Office of the County Counsel,651 Pine Street,9th Floor,Martinez,CA 94553-1229. On h oary 5.20011 served a true copy of We Notice of finufiioiency and/or Aron-Acceptance of Claim by placing th4 documeut to a sealed envelope with postage thereon fully prepaid,in the United States mail at Mard=i California addressed as set fbrth above. I an readily wilier witb Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice,it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary couYse of business. ' I declare under penalty of pa4ury undo the laws of the State of California and the United States of America that the above is true and correct. Exeouted oa „ Cali ICaM O'CoWell co: Clerk of the Board of Supervisors(original) Risk Management ' Page 2 CRUCTIONS TO QA.DAANT A. A claim relating to.a cause of action for death or for injury tD person or to personal-property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov, 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 Cwnty, 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. 1✓. Fraud. See penalty for fraudulent claims,Penal Code Sec, 72 at the erld of this form,. Naas rraraaamaaago ass raaaraaanon aanamaa"aaagog arrdr, e RE: Reserved for Cleric's filing stamp ALEXANDRA G-. Skoumbas 1 ----- Mom- e--�-:—somas ) RECEIVED . } Against the County of Contra Costa or ) JAN 26 205 District) CLERK BOARD,OF SUPERVISORS (Fill in the name) ) CIONTRACOSTAGO, } The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ 2,000, 000 and in support of this claim represents as follows; 1. When did the damage or injury occur? (Give exact date and hour) Please see Exhibit A, attached hereto. 2. Where did the damage or injury occur? (Include city and county) Please see Exhibit A; attached hereto. 3. How did the damage or injury occur?• (Give full details;use extra paper if requimd) Please see Exhibit A, attached hereto. 4. What particular act br omission on the part of county or districf officers, servants, or employees caused the injury or damage? See claimants ' response- to item 3, above. 5• What are the names of county or district officers,servants, or employees causing the damage or injury? Unknown at this time. EXHIBIT #T�t_UCIIQNS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal-property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. .(Gov. Code § 911.2.) B. Claims mast 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 agal*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 mast be. filed against each public entity, E. Fraud, See penalty for fraudulent claims,Penal'Code Sec. 72 at the ead of this form. rrrrorrrrrrrrrrrrrnrawrrrrrrrsrrsrrrrrrrrrrrrrsrrrreNOrrrrrrrrrrrrrrrrrrrrrrrraI RE: MEW Reserved for Clerk's filing stamp ALEXANDRA G. Skoumbas ) Against the County of Contra Costa or ) District) (Fill in the name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ 2,0 0 010 0 0 and in support of this claim represents as'follows: 1. When did-the damage-or injury occur? (Give exact date and Dour) Please see Exhibit A, attached hersto. 2. Where did the damage.or injury occur? (Include city and county) Please see Exhibit Aj attached hereto. 3. How did the damage or injury occur? (Give full details;use extra paper. if required) Please see Exhibit A, attached hereto. 4. What particular act or omission on the part of county or district o£ficors, wants, .or employees j caused the injury or damage? See claimantsresponse to item 3, above. 5 What are the names of county or district officers, savants, or employees causing the damage or injury? unknown at this time. 6, Wbat damage or "L.� eco your claim resulted? (Give fu. �nt of injuries or damages claimed, Attach two eskimates for auto damage.) Diminution in value of claimants' real property. 7, How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Please see Exhbit A, attached hereto. 8, Names and addresses of witnesses,doctors,and-hospitals: Please see Exhibit A. attached hereto. 9, List the expenditures you made on account of this accident or injury: DATE 12-27-04 $3,014. 19 in engineerthg fees ■■rrr■rrrrr�rrrrrr■Rs■Errs■■r■■■trrr■•rsrr■Err■rrM■rrrrr�rr(r■r■rrrwas"ri■ONE rNotes■r/ ) Gov.Code-See. 910.2 provides"The claim shall be ) signed by the claimant of by some person on his behalf." M NOTICES TO: (Attornevl )X Name and address of Attorney Nick T. Reckas ) Law Offices of Nick T. ) (Claimant's Signature) Alexandra Skoumbas 33&eBon BAir' Center, #296 Konstantine Skoumbas Greenbrae, CA 94904 Ads } 3123 Stanley (So-3t TeVard Lafayette, CA 94549 Telephone No, (415Y• 464-0913 )Telephone No.' (9'25) 938-1452 r■��rrr■rrrrrr■rr■ss■rrr■rsmass sr■■rr■■rrr•■rMrfrrsr■rrrrrrr■rrr■rr■srrs*DUN rL■rrr■■r1 'PUBLIC RECORDS NOTICE: Please be advised that this claim form,or any claim filed with the Comity under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov; Code, 59 6504 et-seq.) Furthermore, any. attachments,addendums, or supplements attached to the claim form,including medical records, are also subject to public dipclosure. ■■irrrs■rr■rrsrrsrr■srrrrrrrrrmuggy■s■rsrrrrr■■rrrT 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 offioer,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 dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment ink the state prison, by a fine of not exceeding ten thousand dollars .($10,000), or by both such imprisonment and fine. A � . 1, The injury to claimants' property is-ongoing and continuing. The damage commenced to occur on January 1, 1997 and has continued until November 4, 2004 when the claimants were forced to sell their propbrty significantly below its fair market value.. 2. The damage or injury to-claimants'property occurred at Patricia Road and Beatricia.Road in the City of Orinda, County of Contra Costa, California. The claimants' lots which are continually sustaining damage are identified as APN. 273-100-024/273-100-025 273-100-26/273-100-040/273-100-07 273-100-041/273-100-042 273-100-43/273-100-044/273-100-044 273-100-045/273-100-046 3. The damage or injury to claimants' property occurred as a direct result.of the county's negligent failure to properly maintain its storm drain facilities located at Candlestick Road in the City of Orinda, County of Contra Costa,thereby allowing water to be continually discharged on claimants' land which in turn, erodes the soil and grossly disfigures the.claimants'land and diminishes its value. 7. The amount being claimed is the difference betwden what the claimants'property Would have been worth had it not been disfigured as a result of the county's wrongful acts and its fair market value in its present damaged condition or the cost to repair whichever is lesser. 8. Konstantine Skoumbas,Alexandra Skoumbas 3123 Stauley Boulevard Lafayette, CA 94549 Robert Pyke . Consulting Engineer 1076 Carol Lane,Suite 136 Lafayette, CA 94549 John Lisenko,P.E. 26 Orinda Way Orinda,CA 94563 John L. Snyder 20 Patricia Road Orinda,CA 94563 Nicholas S. Skoumbas 3123 Stanley Boulevard Lafayette, CA 94549 CLAIM ' BOe,:-ra/ OF SUPERVISORS OF CONTR^-E_QSTA COUNTY �j • �� BOARD ACTION".F.Y 08; � 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 yc California Government Codes, ) notice of the-action taken on your claim by th, Board of Supervisors, (Paragraph IV below), Pursuant to Government Code Section 913 an 915.4, Please note all "Warnings" AMOUNT: $2,000,'000.00 , .�;,::,.:5'�•-.is CLAIMANT; ALEXANDRA G. S90UMBAS KONSTANTINE S. SKOUMBAS ATTORNEY: [NICK T. RECKAS DATE RECEIVED: DECEMBER 30,.2C ADDRESS: LAW OFFICES OF NICK T. RECKAS BY DELIVERY TO CLERK ON:DECEMBER 30, 2C 336 BON AIR CENTER14296 �REENBRAE,- CA 9490.4 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET, ; Dated; JANUARY 3, 20x5 By: Deput II. OM: County Counsol. TO: Clerk of tho Board.of Supervis6ra ( ) This claim complies substantially with Sections 910 and 910.2. ' ( its Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. T 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 9113), O Other; Dated: B ; DeEu!Z Count III, FROM: Clerk of the Board TO: County Counsel (1) Cbunty Administrator(2) ( } Claim was returned as untimely with notice to claimant(Section 911.3), IV, OARD ORDER: By unanimous vote of the Supervisors present: (e This Claim is rejected in full, O Other: I certify that this is a true and correct'copy of the Board's Order entered in its minutes for this date. ZotVITAN SWEETEN, CLERIC, B _ ,,_ De uty.Clerk WARNING(Gov.code s . on,913). Subject to certain exceptions,you have only six(6)months from the date this notice was personally served'or df in the mail to filo a court action on this claim, See Government Code Section 945.6. You may-seek the advice of attorney of your choice in connection with this matter, If you want to consult an attorney, you should do so immediately. *For Additional Waming See Reverse Side of This Notice, � ' AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the Ur States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postag prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated; rw a _44Aqo,HN SWEETEN, CLERK By De do EXHIBIT ' NOTICE OF CLAIM AGAINST THE CM OF ORMA,CALIFORNIA (Govenpwt Code-Seations 910,914.2) "TURN TO: City Clerk City of Orinda P.•0:-13bi-2000 14 Altarinda Road Orinda,CA 94563 (925) 253-4221 Claimant's Name: Skoutnbas Alexandra BROURMAB W. CIaimant's Address: 3123 Stanley ,Boulevard • tdun►btxx street Lafayette CA . 94549 city state ZIP (425) 938-1452 ' ,1510). 3BS-90.43 (9 -S) 918-14,52. Hamm Phone Number Wwk Phone Number Pax htun r Name and address ofpeysou to whoipoo#m regarding this claim should be sett(if different than thi=name and address provided 31*fi goi� lik Gentfir.' 4ultiB 296. Qgaj1p_b-Kgej Date of the amident or occiure&w. Pa,8a 5,. sea Sxh.1 bi_t n attA6 ,PA helrc3tn, Piwa ofaocident or ocoxmwe:-. lease BAn zxb h tE A ahtuchad hsrsQy Cross-streets, if applicable: Geneml description of the accident or occurrence(attach additional pages if more space is needed): Names,if known,of anypublic employees causing the injury or.low: ;1.__ John Lis§nkg:. 2, Names and addresses of witnesses; . x , 1, 1'le'di 'A •aoe Exhibit A at'achgcl.l ares n- Phone 2. 3. 4. �) Continue on other side of this form;yan>o cmWeta beth sid a and then sign ibis form. EXHIBIT �' Names and addresses of doctors who'treated and bos ads when injured were traded-(if appliaaWa): Dame Addrm- Phone 3. General dcscription of the loss, juryor damage sugavd: Diminution in value of cl imants' land. Total amount claimed(iu dollx m): $ Z-.n n n-_n e e r� The basis of computipg the total amount claimed is as follows: bamages inowed to date: Medical expenses: . Loss of earnings: $ Special.damages for: a. Bxtetinear jna fees $21014.19 b, $ C. $ attach apples a dne+urreata►gbloh avb►rla►tlla/e these'Oman&, ' m9fidle Me,the uudersigned, declare under penalty of pin jut'y that Uwe have road the foregoing claim for damages and know the contents themE. that the some is taus of my/our own knawledgo and belief, save and except as to those mutters wherein stated on information and belief, and as to them,Uwe believe it to be true, DATED: .Qlarra_,_da - .,«las h signature ofe Wnwt RBC9NW in the City Clerk's office Us day of DBLko -0186 ,2CLO sigadw of Oty Clo!c w offloiai Ci reprauntadw macivU thin*Wm FOR CLAIMS RELATED TO INJI3RY TO PERSON OR PERSONAL PROPERTY THIS FORM MUST' BE FILED wrm THE, 'CITY OF ORINDA wITHN SE MONTHS' FROM THE ACCRUAL OF THE CAUSE OF ACTION. .A CLAD RELATED TO ANY OTHER CAUSE OF ACTIONSHAD T3E PRESENTED Ni LATER THAN,ONE YEAR AFTER ACCRUAL OF THE CAUSE OF AC'T'ION, • "Y Do of the widsAt.aE 2mmsme: The"accidad'is ongoing and continuing. However,the'olaimaats sustained ftnages resulting from the,"acoidemt"on or about November.4, 2404 when they sold their Propedy. Place�geci or ojce�. The dsxnage or injury tp claimants'real property occurred at Patricia Road and Bamdoia Road in the City of OrinU Gmew descarip qOrIg gocidemoo ar QMMMM The damage or injury to claiman'real property occurred as a dfiva result of the city's negligent failure to properly maintain its storm drain facilities located at Candlestick Road,in Orinda, thereby allowing water to be continually diwbarged on cklmants' land which in turn,eroded the soil and grossly disfigured claimants' land and diminishe,d its value. N� d,addtes@,gs g�wi sseg: , 1. Konstantine Skoumas, Alexandra Sko=bn 3123 Stanley Boulevard L&yette,CA 94549 2: Robert Pyke Consulting Engineer 1076 Corot Lane, Suite 136 Lafaysi#e, CA 94549 3. John Lisenko,P.E. 26 Orkula.Way Orinds, CA 94563 4. Jolm L. Sriydar 20 Patricia Road Orinda,CA X4563 DECEIVED . . : . VLICINICH aBOARD 2006 A PROFESSIONAL LAW CORPORATION CLUPERVISORS CONTRA COSTA CO. January 4, 2005 Reply to:Daly City James G.Lucier jlucier@clappmoroncy.com Certified Mail City Clerk Office of Clerk of the Board of Supervisors Contra Costa County 651 Pine Street, Room 106 Martinez, Ca 94553 Re: Skoumbas v. The County of Contra Costa, et al. Contra Costa County Superior Court Case No. C05-00552/C05-02011 Our File No.: 002903545 Dear Clerk: Enclosed please find the original and one copy of Notice of Claim Against the City of Contra Costa, California in connection with the above-referenced matter, Please file the original,returning a conformed copy in the enclosed self-addressed stamped envelope. Should you have any questions,please do not hesitate to contact the undersigned. y u, e u cat Legal Assistant to James G. Lucier Enclosures GAData\DOCS\0029\03545\0104061tr.Contra Costa www.clappmoroney.com SAN FRANCISCO/PENINSULA EAST BAY/CENTRAL VALLEY SAN JOSE/SOUTH BAY ■ 15 Southgate Avenue, Suite 200 ■ 6130 Stoneridge Mall Road, Suite 275 ■ 25 Metro Drive, Suite 600 Daly City,CA 94015 Post Office Box 8003.8603 San Jose, CA 95110 TEL 650.758.1199 Pleasanton, CA 94588-3237 TEL 408.292.2378 FAX 650.758.2299 TEL 925.734.0990 FAX 408.292.8063 FAX 925.734.0888 00 dN a o � o c>o U ,,podhau� rr'_ 1� fIJ fA C-i CL as �9 <t 08 c cc w c> ter _ CN � i r o d X00 � o a 00 � w V G C d a, ' V 0 c ca �Ovto v r 0 v !J s � A D a � 9 � N V 6 7 N z O a 7 s a � �p r V Q CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION:'07, 2006 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 claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $100,000.00 JAN 0 6 2006 CLAIMANT: ERIC H. WERNER COUNTY MARTINEZCgLfF� JANUARY 06 2006 ATTORNEY: UNKNOWN DATE RECEIVED: ADDRESS: 5329 COUNTRY VIEW.DRIVE_a BY DELIVERY TO CLERK ON: JANUARY 06, 2006 EL SOBRANTE, CA 94803 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JANUARY 06 2006 JOHN SWE E erk Dated: ' By: Deputy II. 'MOM: County Counsel,. TO: Clerk of the Board of Supe isois ( 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: L� ' 06 By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BARD 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. Date(Aci rrm 'w a1.0Z%-d,,4JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code Safi n 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:Q=D00 02AAbHN SWEETEN, CLERK By Deputy Clerk ° BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY `*4STRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. 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. ba a a a Is aIa0boa asaaa•Now aIam-ft"agar■raaaaBad aaaaOno aaaIS*aama*move ago taaaaaaaal RE: Claim By: Reserved for Clerk's filing stamp C_ Rtc 4 W E_,PL, ) REC€I V1pp Against the County of Contra Costa or ) ^' Wp�KsT�2Str1Ct7 CL J�r� O 6 ZOQ6 1 ERK BOARD OF S (Fill in the name) ) CONTRA COS APCOVISORS i The undersigned claimant hereby makes claim against the.County of Contra Costa or the above-named district in the sum of S/00 D 0. and in support of this claim represents as follows: 7Lo 6e 1. When did the damage or injury occur? (Give exact date and hour) 7- /d —©S 2. Where did the damage or injury occur? (Include city and count) N o A tl�4 13 k A ✓/t � L E7 Y (Z r9 D A- o LA_-F L E i co r-J i&A, ca FTS Ld c.r T-Y , 3. How did the damage or injury occur? (Give full details; use extra paper if required) S c� �tTTP�c1-1 4. What What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 5 What are the names of county or district officers, servants, or employees causing the damage or injury? C c,tr f C j ���Q S o- .7 �o 6. What damage or injur do your claim resulted? (Give full ex of injuries or damages claimed. Attach two estimates for auto damage,) g F- E A'c`T�C}{ HENT 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) SFE -A"T'T<tc (+Mr.N -F- 8. F8. Names and addresses of witnesses,doctors, and hospitals: S�8- A 7 T A`r- H t-1 e= ►J 7- 9. 9. List the expenditures you made on account of this accident or injury: . DATE TIME 'AMOUNT ►3�1� s Ge iti1 re +c-kad •���■■•tatr■trr■■r•t•ttttttrt■■.■rtt■tttttttr�■■rttttr■t■■■■■rr�ttt�ttrt�r.■■■■�■■tt� Gov, Code Sec. 910.2 provides'The claim shall be } signed by the claimant or by some person on his behalf." SEND NOTICES T0: fAttornev) } Name and address of Attorney ) (Claimant's Signature) F,,- H r (Address) } >< L So � � 0.� �� i Telephone No. }Telephone No, -5-00 6 e,' I rrrrrtrrrrrrrrrrrrrrrr■■■rrrrrrrrrr.trtrtrt■t■tt■■rr■■r■■■■rtttrrrrsr■■■sees.■rirtarI PUBLIC RECORDS NOTICE: I' Please be advised that this claim form, or any claim filed with the CounLy under the Tort Claims Act, is subject to public disclosure under the California public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments,addodums, or supplements attached to.the claim form, including medical records, are also subject to public disclosure, 1 rrrr�I�r��r■■rrtt•■tsttrrt■■■t■tr*■tttrttrrr■r.rt■■■■■..■.■■.■rt■tt■top■■■■■■■.■t.■■0 1 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 dollars ($1,000,00), 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. Il Claim against.Public Entity: Attachment RE: Eric H. Werner 5329 Country View Dr. El Sobrante, CA 94803 510-669-9238 3. (Attachment to Claim Form): I, Eric H. Werner, was riding my bicycle in easterly direction. The sun was low in the western sky. The sun got in my eyes and my bicycle went off the paved portion onto the shoulder of the road. I saw there were numerous chunks of asphalt of a large size, about five to six inch diameter,.on the shoulder of the road. I tried to slow down but it looked like I would probably strike one of the asphalt chunks so I steered left to get back on the asphalt portion of the road. When my tire hit the asphalt portion of the road, my bicycle fell over and I was thrown down onto the asphalt. I examined the area of the road where I had attempted to re-enter the asphalt portion of the road. I saw that the edge of the asphalt portion of the road was not smooth with the shoulder of the road. There was a sharp edge of about 6 to 7 or more inches between the asphalt and the shoulder of the road. In that area, the asphalt has been slowly breaking away from the asphalt portion of the road and sloughing off onto the shoulder. There is a ditch about 12 feet to the right of the road which helps carry away water and the road shoulder goes down to become part of the ditch. 4. (Attachment to Claim Form): My injury was caused by the Department of Public Works or whatever other department is responsible for maintenance of the roads and shoulders of the roads. The asphalt portion of the road by law has a limit as to its vertical height in relation to the shoulder of the road. It appears that for quite a few years the road has had new layers of asphalt added and that there has been little or no maintenance of the asphalt vis-a-vis the shoulder of the road; nor has there been any apparent maintenance of the shoulder as it slopes away from the asphalt portion of the road. This creates a hazard and that the bicyclist who leaves the asphalt portion of the road is bound to encounter, in certain areas such as where I fell, an unrideable surface and an inability to get back on the asphalt surface of the road without an accident occurring. .6. (Attachment to Claim Form): I broke my left clavicle, which required surgery and the use of a splint for two months. I now have a prescription for physical therapy for my left shoulder. I also injured my low back causing radiating pain down the right hip and leg. I previously injured my low back and experienced left-sided radiating pain down the leg. This incident has apparently caused the right I eg and hip area to hurt as a result of radiating pain from the low back. This is a worsening of a pre-existing condition. I have had an MRI but am awaiting a doctor's appointment to have the results explained. I was transported from the accident scene by ambulance. 7. (Attachment to Claim Form): I have not yet received a summary of the medical bills, since these are continuing. However, there has been a shoulder/clavicle surgery and numerous doctor visits plus an MRI of the lumbar spine. The painful residuals of the injury may be permanent. The amount entered in the claim cannot be precise at this time since treatment is ongoing. 8. (Attachment to Claim Form): Doctor's Medical Center 2000 Vale Road San Pablo, CA Dr. Kirk Jensen 12 Camino Encinas, Suite 10 Orinda, California 94563 Dr. Fred Naraghi 1518 Valencia Street, Suite Number 703 San Francisco, CA 94110 St. Luke's's Hospital 3555 Cesar Chavez Blvd. San Francisco, CA 94 110 Dr. William Montgomery San Francisco Orthopedic Surgeons 1 Shrader St. San Francisco, Ca