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SUBMIT TO CITY CLERK

City Hall

2263 Santa Clara Ave. , Suite 380

Alameda , CA 94501

Claimant's

Robert Zack
Ohio 43220

Claimant's Address: 101 Henley Avenue , Columus

Claimant's Daytime Phone No:

Cell. No:

Gende

Q/

Date of Birth:

06/07/52

SSN:
State/Expo Date:
May 30

Driver s

License No:

When did the damage or injury occur (date and time)?

20J 1

at approximtely

11:30 a. m.

- 1:00

Place of occurrence: Crown Memrial Beach at Willow St. and Shoreline Dr., Alameda, CA
What happened and why is the City responsible?

PI PriRP RPP ;:rrTar.npo p l eaoi ng

Name of City s employee(s) causing injury or damage , If known:

Description of damage or loss:

Please see attached pleading

Total amount claImed:

Please see attached pleading.

* Under Senate Bill 2499 , the " Medicare , Medicaid, and SCHIP Extension Act of 2007 (MMSEA)" , mandatory reporting requirements for all claimants require a Social Security Number be provided, under penalty of law.

more than $10

If total amount claimed is less than $10, 000. 00, enter amount claimed and the basis for computation of that amount. If it 000. , indicate whether the municipal or superior court would have jurisdiction. Government Code Section

910(f).

, .

ROBERT E. CARTWRlGHT , JR. , ESQ. (SBN: 104284) DAVID G. YEN , ESQ. (SBN: 234550)
The Cartwright Law Firm , Inc.

222 Front Street , 5th Floor San Francisco , CA 94111 Phone: (415) 433- 0444 Facsimile: (415) 433- 0449

Attorneys for Claimants ROBERT ZACK , BERNICE JOLLIFF

ROBERT ZACK , BERNICE JOLLIFF
Claimants
vs.

GOVERNMENT

CITY OF ALAMEDA (a. governent entity); COUNTY OF ALAMEDA (a

governent entity); and DOES
through 50 ,

inclusive;

Respondents.

Name and Address of Claimant:
ROBERT ZACK and BERNICE JOLLIFF
G. Yen , Esq. ; The Cartwright Law Firm , Inc. ;
c/o

Robert E. Cartwright , Jr. , Esq. and David

222 Front Street ,

5th Floor; San Francisco , CA

94111. Telephone: (415) 433- 0444. (Claimants may only be contacted thIough their counsel

The Cmiwright Law Firm , Inc.

Page 1

GOVERNMENT CLAIM

Post Offce Address for Notices:
Robert E. Cmiwright , Jr. , Esq. and David G. Yen , Esq. ;
The Cmiwright Law Finn , Inc.

222 Front Street , 5th Floor; San Francisco , CA 94111.

Date, Place, and Other Circumstances of the Occurrence
Date, Time
Place:

This incident occuned at Crown Memorial State Beach located at

Wilow Street and Shoreline Drive in the City of Alameda, State of California on May 30, 2011
between approximately 11:30- 1:00 p.

Circumstances:

ShOlilyafter

11 :00 a.

m. on May 30 , 2011 , Raymond lack

waded into

Crown Memorial State Beach with his clothes fully on. A long- time friend and co- tenantof

Raymond lack' , Dolores Berry, who refers to herself as the foster mother ofMr. lack stopped
a pedestrian on the beach and asked her to call 911. She communicated to 911 dispatch fit

Raymond lack was depressed and possibly suicidal and was concerned for his safety because he
did not know how to swim. The 911 call was placed at 11 :30 a. m. By 11 :36 a.

, Alamed

Police officers and Alameda firefighters had anived on the scene. At this time , RaymondZack
was standing in waist to chest high water approximately 50- 150 yards from shore. From II :36
m. to 12:05 p.

, Raymond lack

continued to stand

in the water , often looking back toward

shore. No member of the Alameda Police Department or Fire Department attempted to eIler the

water to establish contact with him. At around 12:05 p.

, Raymond lack' s body became

submerged in the water. Shortly thereafter , he was observed floating on the water. Still , 110
police officer or fire fighter responded. Raymond' s body continued to float in the water and
gradually drifted toward shore. At around 12:27 p.

, a civilian bystander , on her own volition

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GOVERNMENT CLAIM

decided to enter the water to retrieve Zack' s body. Zack was brought back to shore where efforts
were made to revive him. He was subsequently pronounced dead at Alameda Hospital at 12:59

Claimants Robeli Zack and Bemice Jollff are the surviving brother and sister of
Raymond Zack , his next of kin and only known heirs at law.

Liabilty:

The following governent entities are responsible for Claimants ' injuries and

damages , and are liable to Claimants: CITY OF ALAMEDA , COUNTY OF ALAMEDA

ALAMEDA POLICE DEPARTMENT , ALAMEDA FIRE DEPARTMENT , ALAMEDA
COUNTY REGIONAL EMERGENCY COMMUNICATIONS CENTER. These government
entities breached their mandatory duty and a duty of ordinary care to Claimants by negligently

undertaking a rescue of Raymond Zack on May 30 , 2011. By responding to the incident and
undertaking actions at the location of the incident , these government entities established a special

relationship with Raymond Zack and therefore a duty. They breached this duty through
numerous actions and inactions , many of which violated their own policies , procedures , and

protocols. These govemment entities ' negligence were the direct and proximate cause of the
death of Raymond Zack , and therefore damages to Claimants.
The negligent acts of these government entities include , but are not limited to:
1. Failing

to send rescue persOlmel , fire , police , Q1' other , into the shallow water to

establish contact with Raymond Zack , at any time.

2. Failing to establish, in the altemative , any means of communication with Raymond
Zack that did not necessitate entry into the shallow water.

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GOVERNMENT CLAIM

3. Failing

to send rescue personnel , fire , police , or other , into the shallow water to

rescue Raymond Zack once he became submerged in the shallow water.

4. Failing to contactOakland Fire Department for a shallow water rescue boat , as
required by written protocol. Oakland Fire Department was the nearest mutual aid
resourc available and could have responded within 15 minutes or less. It was the

written policy of the Alameda Fire Depaliment to contact Oakland Fire Department
first whenever there is a water based emergency.
5. Failing

to contact the East Bay Regional Park District , as required by protocol. East

Bay Regional Park District had kayaks which were less than a half mile away as well

as a zodiac. It was standard policy to contact East Bay Regional Park District
whenever there is an incident occurring within their jurisdiction.

6. Failing to summon a readily available helicopter from California Highway Patrol to
respond to the incident.
7. Failing

to have simple and inexpensive equipment such as proper communication

devices , wet suits , flotation devices , and a longboard , etc. available to utilize in a
water rescue.
8. Negligently and without approval allowing

for the total elimination ofthe water

rescue program , which was mandated by city documents. In 2008 , the City of

Alameda eliminated their shallow water rescue boat. In 2009 , despite available

funding and a memorandum directing the fire chief to reinstitute certification within
45 days to fire fighters for water rescue , without explanation the training never
occurred.

Page 4

GOVERNMENT CLAIM

9. Miscommunicating with

the United States Coast Guard regarding whether or not the

Coast Guard rescue boat had shallow water capability. Over 40 minutes after the

Coast Guard boat was deployed , it was determined that the boat could not operate in
shallow water and therefore could not attempt a rescue of Raymond Zack.
10. Failing to request an available rescue boat from San Leandro which had an estimated

time of arrival of 30 minutes and would have arrived on scene earlier than the Coast
Guard boat.

11. Failure of 911 dispatch to follow their own protocols in ascertaining information
from Dolores Berry, regarding whether he was armed and dangerous or under the

influence of drugs. This information could have aided police offcers in their
detennination in how to proceed with approaching Raymond Zack.
12. Preventing and deterring attendant witnesses from mounting a rescue.

13. Failing to have personnel at the scene trained to counsel and negotiate with

individuals in psychological distress.
14. Failing to remain properly prepared , trained , and equipped for aquatic emergencies.
Claimants reserve the right to pursue all their claims against these named and unnamed

public employees and govermnent entities at common law (where allowed) and under all
applicable statutes , both state and federal , including but not limited to Government Code section
815 , et seq. , all applicable regulations , and in equity.

15. Failing to inspect and maintain available resuscitation equipment such that it was

rendered non-operable at the scene.
CITY OF ALAMEDA and COUNTY OF ALAMEDA , their employees , both named
and unnamed , are liable pursuant to , but not limited to , the following: various provisions of the
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GOVERNMENT CLAI

Constitutions of the State of California and the Federal Constitution. CITY OF ALAMEDA
and COUNTY OF ALAMEDA , their employees , both named and unnamed , are liable to
Claimants for inter alia negligence , negligence per se , failure to discharge a mandatory duty,

negligent infliction of emotional distress , and wrongful death. CITY OF ALAMEDA and
COUNTY OF ALAMEDA are liable under the doctrine of respondeat superior

and applicable

statutes , for all tmis committed against

Claimants by any

employees and agents

named and unnamed. . Additionally, CITY OF ALAMEDA and COUNTY OF ALAMEDA are

liable under California Health and Safety Code section 1799. 107 for bad faith and gross
negligence.

Names of witnesses:

There are numerous witnesses which are listed in the Alameda Police Department repOli
which is a public record. Discovery and investigation are continuing at this time in order to
ascertain the identities of additional witnesses to this incident.

General Description oftheInjurvand Damages Known at this Time
Raymond Zack died as a result of hypothermia and/or drowning. As a result of Raymond
Zack' s death , Claimants have incurred significant damages. These damages include , but are not
limited to ,

economic and non-economic damages. Claimants ' economic damages include , but

are not limited to past medical bils and funeral expenses. Claimants ' non-economic damages
include , but are not limited to general damages for wrongful death which include loss of

companionship, society, comfort , care , assistance , protection , love , affection , and support.

Page 6

GOVERNMENT CLAIM

! -

Name(s) of Public Employee(s) Causing the Injury and Damages

Unkown and uncertain at this time. Names of public employees present at the scene
specified in various public records within the possession of the City and County of Alameda.

are

Discovery and investigation are continuing. Claimants reserve the right to amend this Clam if
names. of employees are discovered.

Amount Claimed:
Jurisdiction is in Alameda County Superior Court , Unlimited Jurisdiction , damages according to proof. Claimants are unable to estimate the amount of damages at this time.

Name and Address of Representative
Robert E. Cartwright , Jr. , Esq. and David G. Yen , Esq. ; The Cartwright Law Firm
Inc. ;
222 Front Street

, 5th Floor; San

Francisco ,

CA 94111. Telephone: (415) 433- 0444.

DATED:. October 13 2011

THE CARTW IGHT LAW FIRM

By:

rt.E. Cartwright , Jr. David G. Yen , Esq. Attorneys for Claimants
Rc)

, ESq.

Page 7

GOVERNMENT CLAIM

SUBMIT TO CITY CLERK
City Hall

2263 Santa Clara Ave. , Suite 380

Alameda, CA 94501

Claimant'

Bernice Jolliff

Claimant's Address: 259

Forest Street, Maion ,

Ohio 43302- 4219

Claimant's Daytime Phone
Gender: M /

Cell. No:

f:\ Date of Birth:

08/16/49

SSN:
State/Exp. Date:

Driver s

License No:

When did the damage or jnjury occur (date and time)?

May 30. 20J 1 at approximtel

11:30 a. m.

- 1:00 p.

Place of occurrence: Crown Memrial Beach , at Willow Street and Shoreline Dr., Alameda, C
What happened and why is the City responsible?

Please see attached pleading

Name of City s employee(s) causing injury or damage , if

Description of damage or loss:

Please see attached pleading

Total amount claimed:

Please see attached pleading

Date:
* Under Senate Bil 2499 , the " Medicare , Medicaid, and SCHIP Extension Act of 2007 (MMSEA)" , mandatory reporting requirements for all claimants require a Social Security Number be provided , under penalty of law.
more than $10 91 o (f).

If total amount claimed is less than $10, 000. 00, enter amount claimed and the basis for computation of that amount. If it is 000. , indicate whether the municipal or superior court would have jurisdiction, Government Code Section

ROBERT E. CARTWRIGHT , JR. , ESQ. (SBN: 104284) DAVIDG. YEN , ESQ. (SBN: 234550)
The Cartwright Law Firm , Inc.

222 Front Street , 5th Floor San Francisco , CA 94111 Phone: (415) 433- 0444 Facsimile: (415) 433- 0449

Attorneys for Claimants ROBERT ZACK , BERNICE JOLLIFF

ROBERT ZACK , BERNICE JOLLIFF
Claimants
vs.

GOVERNMENT CLAIM

CITY OFALAMEDA (a government entity); COUNTY OF ALAMEDA (a

governent entity); andDOES
through 50 ,

inclusive;

Respondents.

Name and Address of Claimant:
ROBERT ZACK and BERNICE JOLLIFF
G. Yen , Esq. ; The Cartwright Law Firm , Inc. ;
clo

Robert E. Cartwright , Jr. , Esq. and David

222 Front Street ,

5th Floor; San Francisco , CA

94111. Telephone: (415) 433- 0444. (Claimants may only be contacted through their counsel

The Cartwright Law Firm , Inc.

Page I

GOVERNMENT CLAIM

Post Office Address for Notices:

Robert

Cartwright , Jr. , Esq. and David G. Yen , Esq. ;

The Cartwright Law Finn ,

Inc.

222 Front Street , 5th Floor; San Francisco , CA 94111.

Date Place and Other Circumstances of the Occurrence:

Date

, Time

Place:

This incident occuned at Crown Memorial State Beach located at

Wilow Street and Shoreline Drive in the City of Alameda , State of California on May 30, 2011
between approximately 11:30- 1 :00 p.

Circumstances:

ShOlilyafter 11:00 a. m. on May 30 2011 , Raymond Zack wadtr into

Crown Memorial State Beach with his clothes fully on. A long- time friend and co- tenant of

RaymondZack' , DoloresBerry, who refers to herself as the foster mother ofMr. Zack stopped
a pedestrian on the beach and asked her to

communicated to 911 dispatch 1It

Raymond Zack was depressed and possibly suicidal and was concerned for his safety bemuse he

did not know how to swim. The 911 call was placed at 11
Police
offcers and

:30 a.

m. By 11 :36 a.

, Alameda

Alameda firefighters had anived on the scene. At this time , Raymond Zack

was standing in waist to chest high water approximately 50- 150 yards from shore. From II :36
m. to 12:05 p.

, Raymond Zack continued to stand in the water , often looking back toward

shore. No member of the Alameda Police Department or Fire Department attempted to eIter the

water to establish contact with him. At around 12:05 p.

, Rayrnond Zack' s body became
no

submerged in the water. Shortly thereafter , he was observed floating on the water. Stil ,

police officer or fire fighter responded. Raymond' s body continued to float in the water and gradually drifted toward shore. At around 12:27 p.

, a civilian bystander , on her own volition

Page 2

GOVERNMENT CLAIM

decided to enter the water to retrieve Zack' s body. Zack was brought back to shore where effOlis were made to revive him. He was subsequently pronounced dead at Alameda Hospital at 12:59

Claimants Robeli Zack and Bernice Jolliff are the surviving brother and sister of
Raymond Zack , his next of kin and only known heirs at law.

Liability:

The following government entities are responsible for Claimants ' injuries and

damages , and are liable to Claimants: CITY OF ALAMEDA , COUNTY OF ALAMEDA

ALAMEDA POLICE DEPARTMENT , ALAMEDA FIRE DEPARTMENT , ALAMEDA
COUNTY REGIONAL EMERGENCY COMMUNICA nONS CENTER. These government

entities breached their mandatory duty and a duty of ordinary care to Claimants by negligently

undeliaking a rescue of Raymond Zack on May 30 , 2011. By responding to the incident and
undertaking actions at the location of the incident , these government entities established a special

relationship with Raymond Zack and therefore a duty. They breached this duty through

numerous actions andinactions , many of which violated their own policies , procedures , and
protocols. These government entities ' negligence were the direct and proximate cause of the
death of Raymond Zack , and therefore damages to Claimants. The negligent acts of these government entities include , but are not limited to:
1. Failing

to send rescue personnel , fire , police , or other , into the shallow water to

establish contact with RaymondZack , at any time.
2. Failing

to establish , in the alternative , any means of communication with Raymond

Zack that. did not necessitate entry into the shallow water.

Page 3

GOVERNMENT CLAIM

3. Failing

to send rescue personnel , fire , police , or other , into the shallow water to

rescue Raymond Zack once he became submerged in the shallow water.

4. Failing to contact Oakland Fire Department for a shallow water rescue boat , as
required by written protocoL Oakland Fire Department was the nearest mutual aid

resource available and could have responded within 15 minutes or less. It was the
written policy of the Alameda Fire Depmiment to contact Oakland Fire Department
first whenever there is a water based emergency.
5. Failing

to contact the East Bay Regional Park District , as required by protocoL East

Bay Regional Park District had kayaks which were less than a half mile away as well

as a zodiac. It was standard policy to contact East Bay Regional Park District

whenever there is an incident occurring within theirjurisdiction.

6. Failing to summon a readily available helicopter from California Highway Patrol to
respond to the incident.

7. Failing to have simple and inexpensive equipment such as proper communication
devices , wet suits , flotation devices , and a 10ngboard , etc. available to utilize in a water rescue.
8. Negligently and without approval allowing for

the total elimination of the water

rescue program , which was mandated by city documents. In 2008 , the City of

Alameda eliminated their shallow water rescue boat. In 2009 , despite available
funding and a memorandum directing the chief to reinstitute certification within

45 days to fire fighters for water rescue , without explanation the training never
occurred.

Page 4

GOVERNMENT CLAIM

9. Miscommunicating with

the United States Coast Guard regarding whether or not the

Coast Guard rescue boat had shallow water capability. Over 40 minutes after the
Coast Guard boat was deployed , it was determined that the boat could not operate in

shallow water and therefore could not attempt a rescue of Raymond Zack.
10. Failing to request an available rescue boat from San Leandro which had an estimated

time of arrival of 30 minutes and would have arrived on scene earlier than the Coast
Guard boat.

11. Failure of 911 dispatch to follow their own protocols in ascertaining information
from Dolores Berry, regarding whether he was armed and dangerous or under the

influence of drugs. This information could have aided police offcers in their
determination in how to proceed with approaching Raymond Zack.
12. Preventing and deterring attendant witnesses from mounting a rescue.

13. Failing to have personnel at the scene trained to counsel and negotiate with
individuals in psychological distress.
14. Failing to remain properly prepared , trained , and equipped for aquatic emergencies.

Claimants reserve the right to pursue all their claims against these named and unnamed

public employees and government entities at common law (where allowed) and under all
applicable statutes , both state and federal , including but not limited to Government Code section
815 , et seq. , all applicable regulations , and in equity.

15. Failing to inspect and maintain available resuscitation equipment such that it was

rendered non-operable at the scene.

CITY OF ALAMEDA and COUNTY OF ALAMEDA , their employees , both named
and unnamed , are liable pursuant to , but not limited to , the following: various provisions of the
Page 5

GOVERNMENT CLA1M

"-,

Constitutions of the State of California and the Federal Constitution. CITY OF ALAMEDA
and COUNTY OF ALAMEDA , their employees , both named and unnamed , are liable to

Claimants for inter alia negligence , negligence

failure to discharge a mandatory duty,

negligent infliction of emotional distress , and wrongful death.
COUNTY OF ALAMEDA are liable under the doctrine of

OF ALAMEDA and
and applicable

respondeat superior

statutes , for all torts committed against

Claimants by

of their employees and agents

named and unnamed. Additionally, CITY OF ALAMEDA and COUNTY OF ALAMEDA are
liable under California Health and Safety Code section 1799. 107 for bad faith and gross
negligence.

Names of witnesses:

There are numerous witnesses which are listed in
which is a public record. Discovery and investigation are

Alameda Police Department report
at this time in order to

ascertain the identities of additional witnesses to this incident.

General Description ofthe lniurvand Dama2es Known at this Time
Raymond Zack died as a result of hypothennia and/or drowning.

a result of Raymond
damages include , but are not

Zack' s death , Claimants have incurred significant damages.

limited to , economic and non-economic damages.

economic damages include , but

arc not limited to past medical bills and funeral expenses.
include , but are not limited to general damages for
companionship, society, comfort , care

non-economic damages

death which include loss of
protection , love , affection , and support.

Page 6

GOVERNMENT CLAIM

Name(s) of Public Employee(s) Causing the Iniurv and Damages

Unkown and uncertain at this time. Names of public employees present at the

scene are

specified in various public records within the possession of the City and County of Alameda.

Discovery and investigation are continuing. Claimants reserve the right to amend this Clam if
names of employees are discovered.

Amount Claimed:
Jurisdictionis in Alameda County Superior Court , Unlimited Jurisdiction , damages
according to proof. Claimants are unable to estimate the amount of damages at this time.

Name and Address of Representative

Robert E. Cartwright , Jr. , Esq. and David G. Yen , Esq. ; The Cartwright Law Firm
Inc. ;
222 Front Street

, 5th Floor; San

Francisco ,

CA 94111. Telephone: (415) 433- 0444.,

DATED: October 13 2011
THE CARTWRIGHT LAW FIRM , INe.

By:

Robert E. Cartwn 1:; Jr. David G. Yen , Esq. Attorneys for Claimants

sq.

Page 7

GOVERNMENT CLA1M