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MINUTES - 01011968 - Claims 1968 July - Dec
5.: CLAIM`-"FOR .THE FISCAL 12ZN-TF. 1968 Ree l uA JULY THROUGH DECaBER 12 3_45 6 Map Box /: Storad: ,a •�rnsoaa�r _ - o •: qam •UoTyp2 p3T.tiva-a�oQt ddao aT P341PUZ14V r. aa�ss��ss+►a��+rsaa�sa+►+►sasasx s r+r+r+►+►sa+�sas c s+sass+►a+iasaa����aN► Yln&MaD do aZAMa •s= ~ws ' •Ts 30 �L6dH1rJ StlSD.iBliLr'I '� �SasG7 Ex;uoO 3o A4,;nco DIP =�►i s pss;u ".!QTuso;T[x':'30 0.4 qui"3o isnot sc-padres eqi YF Z ZiT 'cm a4DT4-w •i l'Vli �: _ xsai� rgaaz�d s 'N _ 11R�W 1C,tiso3 `t 3�Ts38Tm aui 3u a'S3JF •QL.;s B96i 'LZ sagmaaoQ . :2XW C; cao" eaS;;o VMWD t .: 9,IeTd(' S a)MTJ AWWO r£ OFFICK OF COUNM AOMMUSTRATOm� CONTRA COISTA COUNTY . � - e,lO/LOOa.AmMMMmI1MT10M mY1La11Mi. -.: .'_.> a;. IIMRIII m CALNOMIA 04M J.R MVRIEN - OCARD OF SUrE11Y1fOR5.`. COIIIRT AMIINISTRA Oe •'-.. ,._` -.".. J.m.,IOIMARI1I:1nCt aIM,M,w ..a. .:,. wwsT s P.KOHMT.C1,IMC,I T.J.COLA.@memo• December 23, 1968 - s'A LMMIpItIo rare►• RECEIVED_ Mrs. Patricia Costa 1605 Pine Street DEC 2 q. San Pablo, California 94806yy,'-T, p A A S 111IC H - CLtepAIID CO�TAN OD�j 1 C. Dear Mrs. Costa: On the recommendation of the District Attorney, your request to the Board of'Super visors on December 10, 1968>for.retnrn of a portion of the funds paid to the county for care of your minor children see referred to' the County Lien Committee and the County Probation Officer. For its consideration of your request the Lien Committee obtained from the County Probation Officer a report'furnishing'back- ground information and a transcript of. your comments to the Board of.Supervisors. ibe Committee considered-your request at its meetings on December 12 and 18, ,1968. 'ibe_ consensus of the committee is that your'. _ regaesb should be denied, and that any adjust ment can only be made by the.Shpesior Court, inasmuch as the financial arrangsment:which you are seeking to modify was autborised by the Court. Very truly yours, T Jr. ."71cGRW.: County Lien Committee TJOWWaa cc. .Board of Supervisors District Attorney County Probation Officer CI�TII - COSTA _CT CLil' OfFItE ; j y xU IAIAf ,,11}ICA rAAA Mb )�eeAies'10.'19idn'` st . 3 � J ... Cwi� eat J.r?Iwr •='Sbi Y.l !L%, U Coent7 Liea.Co�itte� (SyD�s�ieoarirydites-QoetsollisiF r lbsiest7 Coonsl Medieal DisaetorA Const! Yeltare Direetor.ani Ceaaty ' y !� Cltslt of tW soasd O!liee p ti l ibe Doasd selerred to;Toa tor! the sem tis Mort♦ a of-.e vortea tatrisia Costa los..tbe sttnrs Oar e>t Iles wtaR:L,� ! tioDatioa Depasaeat tos thle �t 'Oflilrra� !e!repose r i t ,•ttir `��Lk=; E t S ? t G l l J w f, 3 13 •e x u In the Board cf,Supervisors of Contra Costa County, State of California b the Marler of Request of.Patricia Costa for 'return.of portion of child support funds paid to County 'probation Department. Mrs. Patricia Costa 1665-Pine Streets $an;Pab oe, California, having appeared'before:the Board'to'rsquost`tJAi return of a portion of funds.paid to'tbe.Connt�`Probition'Deilm' ' went Yor the care of,her minor. childrOns explaining tbit);s pi'!sent straitened circumstances`necessitated?this, requesti. snd t Cn ttio`reoommendition of the District.Attotrnoy; December 10.1968 Mrs._Patricla Costa - Presentation before the.Board I wish to petition for a portion of monies that I gave to the County for child support. I am on MediCal and receive X134 ,' out of which I pay $90 for rent. According,to divorce papers . my husband committed to pay for divorce proceedings and child supporta When I went to the attorney for settlement I came out very low. I an $2000 in medical debt yet,above and'bsyond That was won in case for damages. I an crippled and cannot walk` , at all times. Must have my car and I owe on that. My attorney did not tell me that I was supposed to pay income tax on child: support and I have no way of paying that. I cannot afford to , pay the County $3400. My ex husband is now and has been paying $80 per month child support and I wish to petition to the;Board' for just small portion of the funds that I gave to the County. 1 MM 11.....'..11111.11111111111� l �1 RECEIVED G,C �f 1968 W.T. PAASCH CLERK 80AR0 OF BUP�RYtiOR$ C TR O4T CO. � OY WPYty i r t Mrs. Patricia Coats, 1605 Pine Street, San Pablo, California, will appear before the Board to request return of a portion of funds paid to the County Probation Depabtment for the care of her minor children. FJ ti j' OFFICE OF THE SHERIFF 5 Y CONTRA COSTA COUNTY WALTER F.YOUNG SN[NIFF MARTINEZ•,CALIFORNIA Dec. 18, 1968 .RECEIVED DEC 19,1968 W. T. PANSCH CLERK BOARD OF SUPERVISORS C T COSTA CO. .. Honorable Chairmen Alfred M. Dias 13DeputyContra Costa County Board of Supervisors Martinez, California Dear Chairman Dias - Sammons #112856 in the Superior Court of the State of California in and for.the County of Contra , Costa has been served naming so as a defendant, in the case of Melvin D. DorthIck and Pew L. Dorthick dbs The Body Shoppe vs. the City of Pleasant Hill, a Municipal Corporation, The Chief of Police:to 'the, City of Pleasant Hill, Does One through Ten, both Inclusive. These papers were served on Undersheriff Harry D. Basso at about 1=30 P.M., on Dec. 16, 1968. Acoordingly, under the provisions of the California Government Code, Section 825 and 995 1 request that legal defense be authorised at county expense. V tr ra. T UNG Sh t .Coroner WFY/hva RIC. CC: District Attorney John A. Nejedlr. - 7t Sri A L� REI.EASE4 AGRWMENT rR THE SOLE CONS MAMON OF --------WQ IMORSANn M.lflo/loo-= --------- -- -- - - - - ---- OWats r; 2,000.00 tht naipF of which`is hereby ackn4wMdW4 AM l=i, AIL, = i bwD of{mU casWits at }red. CalifQ rtia `� die wdersipnsd and his a its hsirt rrpretenlotiws.tuaatttors or attigne do heobp seleew ani iMww�! PACO ;am -00T _Sid. AD 'EIf0ELf0i- ond 4a a d r persons or Orgal"atiera foam oA octiami CkQ!N,rights of awhamawa - Ihet deer'III" s. or any Mnofar domlop Horn mq Uwe.moko we or aahmesm in jwr,Iai'elee—ep!-7t aepese r pM�a at t i pwreww ensrg sat of or in cmrepwnoe of an omident or-ww+r oexwrin0 an of abettt Jsa**as� , ta.�,.at or near Standard andRailroad:'Rich—m-md Am Mf t ; -n h is fwtMr wiersleed otd nynnd:that this payment is ocapted wlwMariy ae o fidl;ond fiadleeeMw�oiea. !' s.M.f ai..ro.i sepMswet of daput�d t loimr,; that dws prow*.or sty bow in'cennatiett:*rid►k ihap 1 ;. nswr be pfeoded ao o defuise to any anion or prooeed+np whMioewr,bsaupiK br anp PMh«•ieouenthtire �' r hemby nlsoeod and that dtie iertnwwtt,ee mod and wWoomeed iir ,oMo ies tM enlist >,{ -- -"a*wt yee dorfiiid s wa*edwr indrea"ot,pate n ... MfnWW tM trtdeuip W*sipnoiwe and seal this 2 doy of December fl.; -( ,IY U"CAREFULLY BEFORE i1GWlfG ,t _1n the presence of r 11Yieitets COb1TRt COSTA a =STATE OF GOilNTY ss.. Heard or mors By: W. T: PA113CH,` _ PemonoW apPrwsd before me this dor'of ' i!._� # to nn known M be tM persattd.ho smamw this kawtenent,and ocknowledped the soma m ba"o free oet and deed;and Ycertiff*hot befora'the emoaRion thereof,it was mod ow and fully arpioiiwd*o rho sore.pdrae�t{sl Yp atq;;rand tt doeitsed boftet oreaniow des- dust V)h*)fr8ir rndeestood w s RELEASPAND INDEMNITY AGEMENT- FOR THE SOLE CONSIDERATION OF --------TRO THOUSAND AND 110/106"---------------- ------- ------- Donors:K,2,000:00 t the receipt of which is hereby acknowledged, HENRY ESTER JR being of lawful aye, residing at—_Oakland. California the undersigned and his or its twits,representatives,successors or assigns do hereby.nrkteert and f"M&Ubftp IDACO LUMM CO. and RICHARD-IEE'ENGELKE and all other pentons or:orgonixwtions from all octiotrs,eluate,riglas of eoMribution or idwrinity that now tart '. or may hereafter develop from any known.eekeeww or dfereseat injury,loss,'doelage or exposit fo petsa or 0rgeAy,arising out of or in consecluare of an occident or event ocanrring an or about -Janusi9 2 19-0- at or tear Standard and Railroad Richmond California' Furthermore,the undersigned pnmiwW and yweW in consideration of this pftvnrst trait�ify kta ed repy,to any party hereby released,all claims,1 ,costs or expense that such'pony may hsaeohsr be legally abiigated to pay because of any and all losses,injuries or donnages,suslaned by_Nre.tedeagned,,his (her)spouse or child(nen)in this accident or emit. . It is furthermmkmled and epee&that this payment is accepted voluntarily as o full ad fk+wl ee.gweilssi, seNsfes— ed sellleweet of disputed claims that this payment,or.any judgrrwtt'in canrasction arith it,'shall never be pleaded as a defense to arty action or proceeding whatsoever,brought by any party ar o wprgieMoli hereby released and indemnified:and that this instnnyat,as rood and un learoad by mr.cesMois the'petire agreement between the parties without other inducement,promise or repromwachon WITNESS the undesigne s s4nature and seal this day of 19 READ CAREFULLY BE/ORE„SIGNING In the presence of �n Witness �`f raM1 IS RY,LFZTERe JR. Witnrss CONTRACOSTA r COUNTY'MEDICAL:SERVIC7 BY L STATE OF COUNTY OF �� }ss: personally appeared before me this— )� day of 19 , to roe known to be the persmW who executed this instrument and acknowledged the same to be a freeact and clod;and I certify:thot befor e tdxe execution thereof,'it was read over and fully explained to the so.perns)soby ow and(t)fre(y).declared before execution thereof Nwt:ftNrefy)duly understood it. t10'W PU” F0.9700^.' CARROLL,DAVIS,BURDICK 9 WDONOUGH COUNSELORS AND ATTORNEYS AT LAW .. 351 CALIFORNIA STREET SUITE 420 SAN FRANCISCO,CALIFORNIA 94104 TELCPNoNC[4153 981'0380 _ ItECEM December 13, 196$ DEC 191968 ` ylf.':T.PAXSCHcMMW am 4W ;c m. Board of Supervisors County of Contra Costa Administration Building Post Office Box 911 Martinez, California Re: Erickson, Phillips & Weisberg vs. The County of Contra Costa, et al. Gentlemen: We are attorneys for one of the defendants' ` in the above entitled action. On August 22, 1967 Erickson Phillips & Weisberg, plaintiff in the above action, filed-with,.your office a verified claim for damages'specifying''the mine. and-address' of the plaintiff as claimant. .'Also on August U,,. 1967' the Board'of_Supervisors ordered that said claim be denied. We will appreciate receiving certified copies of the above mentioned verified claim and of the order denying same. We enclose herewith our check in the sum.of $3.00 for these certified copies. _ Very truly yours, CARROLL, DAVIS, BURDICK 81 McDONOUGH James S. Higgins sd Enclosure Dec, 19, 1968 Certified copies of requested documents mailed this dater" B. Kemp CJUNTY CLMK°S`JFPICS' Comm,COSTA CJONPY 4_ Inter-office memo DATBt Debeir 11; 1968"' TOs„ Office of,-District Attorney ' l7i�is W:T. Pansch, Clerk 3 su�acT: Action xo. 0 (Cl�il lfo.) of theALIFZ Atsd`States'Distriet Court in and for the' Northern Distriot of UNITED STASES OP'AMERICACslilornla. . s' vs. COUNTY OF CONTRA COSTA } flff!!!!f!!!lt RRARRIlRlRR!ltRlff!!!!!R!!fflf!!!!flff/fflfffff l � Attached is copy of Notice re con lot. aropert9 and related doomments ilk M0 above-entitled action. Received O� a�� :. _ is mentioned ' Atto foe rney. ' &=12=500 rare 8.4 cJULF Y CL3RKc S,,JVFIcs CJNMA. COSTA COUNTY inter-Office D 31 Dooesiber TOs Office of the District Attorney ` lR�it M. T. vatasch, Clerk' sOHJRCTs Actionlb: X the d�ITBD.STA Ti4,DISPRIC! Ilf;a11D FOR:TIM:'illom R1 DISTRICT"OF CALIFCRIL. WIIICS H. VAN YD=. CCQ!!i Cf C�!!t►.Calm et •1 r t.f��Nffstt�+•s***saastts•**t*rstss•*tHts�sAAAAMAAAAANN ' ,' Attached is copy of forml noN of`ieaira{141- nd j%Uted doowwnts r In the above-entitled action. 19 '� hoc tr Attorney 3 66-1T-500 6.4 vri _ a _ f -T �:m - OL �+ vmm sc ms'ATNW- a rd son".m*vs and Dateral` UNITED STATES AITODNSY �eadllrCM Di � Noaixm+Durl>tcr ar Cu vawu Isis FUM MERAL,UODIIJG-,OX 30" 430 GoLm G-A-mM , �N 94I� RECEIVED December los 1968 DEC 11:`,1968 ;� W T.'PAASCH:` a.�Iuc ocw iraan,.Board of Supervisors CoontY of Contra Costa mwtinea, Calbrnia Re: U. S. v. 40.60 Acres of Lnd in Contra Costa County, California; '10H/ 0..11O1�, JD et al Civil l�0 50 Dear Sirs:' Hesse be advised that the heari�ag ,dpiCh`ves set. for Dsceaber 9, 19�,:at 10:00 as. in th! eoodi■nad �e�f:possession of the::property ehie'D by in the above-eap 'esse hes'::bNn at 10 00 aa. in tIr Corsi ContIvaed to Dscrsber l7, 19�,' t� roe. of tate•g000sable 1lobertz?..-Pisclthse, �9idLe, .. Dietsict;Court,.l9th Floor of<h,Yriei'al Dltildsllg, Ooiden Qate'Avem»s San praneisco, Crlitoraia At that t3ae the Court rill hear taus a '` cooCesning the date that possession of-Yawps'o/�t,T should be turned over.to.the goverment. IfYou>have aq sNCLl reason Mfich You.,�h to present 'the`ooYrt Yoe ase ad eased to attend thia,hearing:an Decesbes iT the hearing is only-COM irnid frith the data that sssSon L to be gi"Ufto the goat ad ioM riot POS 60 peasation or boa vouch Yom' prolest7'is Yer►,tralp Yours, CECIL IF. POOR. C C: gated,States AttORUW /oyEi�. s By States Assistant IInited Attorney s OFFICE OF THE SHERIFF _ CONTRA COSTA COUNTY WALTER F.YOUNG SHERIFF MARTINEZ.CALIFORNIA Nov. 27, 1968 RECEIVED DEC -3`1968 W.T. PAASCH '•, OLMK 80AR0 OF 8UP8RYK10M Honorable Alfred M. Dias, Chairman 'Contra Costa County Board of Supervisors Martinez, California , Dear Chairman Mast A Clain has bean filed with the Clerk of the Board of Supervisors of Contra Costa County an Monber 25,1966. This Clain concerns Donald S. Lee vs. the Cite of Pleasant Hill, ths;Comty;.of: Contra Costa, Larry Slate and an officer whom;= , name is unknown to clainmt. As I was the Depnt� patrolling with Larry Slate, I w be the wokka s claimant., The Clain is for =509000.00.. Accordingly, maser the provisions of,the California Gowexunat-Code, Seotiea 825 ma.9lSr I request that legal defense be authorized at Gone ezpense. The Claim is attached. (-2z*4- Very truly yours,. iCZ::!W Floyd ffiodgsaq,' t7 8halif PS/h" Hue. 4 . OFFICE OF THE SHERIFF CONTRA COSTA COUNTY WALTER F.YOUNG 'a M 5ecn1(r- !YIM MARTINEZ.CALIFORNIA CUNTh CGIS) COUNTY Nov. 27, 1968 wmwiNc_":CALIF. RECEIVED DEc s 10.69 W. T. PAA SCH oLaK wAm 0►WrtRYg011� w ea Honorable Alfred M. DI", Chairmen Contra Coats County Board of.Sapervisora Martinet, Califorala Dear Chairman Dian: ' A Claim has been filed with the Clock of theBoard of ; nty Oil November Supervisors 68, aaaing aea eleMant An the ease of Donald S. Lee vs. the City of Pleswnt-2111 the County of Contra Costa, Larry Slate and as officer. chose name is wA=m to claimant.' The Claft,la for =50,000.00. I osis on duty an a Reserve Officer "signed by the Sheriff to Pleasant Rill area. Accordingly, under the provialong, of the California Government Code, Section 825 aml "59 1: request that legal defense be authorised at 'county, expense. The ClaL is attached. .Very truly yours, --r/��KG Lrorry a, Reserve Officer. LS/hea Ise. CCs George W. No Clore, Chief Clril Depnty e.Q. CJUMfY CLSRktS MFICFs Cob7MA CdSTA CQUIM Inter-Office limo Mau Dswmber it :1969 `' TOs Office of the Distriet Attorney. fit�is 11. T. 8--asch, Clerk - I TeCTs Action m ot.•ths suparior Court o :Lhe State of Californaj-la' and for-the MuntY Of'COntra Costa, s..nw urt4fTp LL.t7Ri]t3TRlrif a� ALVIN L RICHA8�0Y� mir�e�r.. °^C01TR1 COSTAE et al. Attached is coPY of -.` is owabove-entitled action. Received copy of s8o+a- mentioee0 do�uBe�R! e - 3 hocw 1 �►ttosneY r - . 66-12-500 !aria 8:4' , t. v M. 2-17-�� - R.E'LORtw. �p SOC4�>�ICE�� DECEIVED .DSC 121968 - CON COSTA COUNTY w.T. PaascH ` _ CLiRK R0.0MAMORANDW TO P. McBrien,-County Administrator %. FROAk Ed Jackson DATE December 11, 1968 '. `-` SUBJECT., NOTICE of FULL PAY?IEfiT OF CLAIM r1i On June 21, 19G8 a'claim was filed with:the Board-of Supervisors on behalf;of ifiittington's, Inca for:plumbing repairs for' FXs. ,Elinor'Rinehart in the amount of $345.00. claim was denied by the Board of Supervisors on June 21, 1968. Attached is a copy of Social Welfare's notice"to,'us that;:this - claim.has':now been paid. ',. ' s JEJ:db / i CC: W. T. Paasch, Clerk I Board of Supervisors '. Enc. 1 GM 9 r i 1, ter. Al Cewah tasslols A. Jwoo► 362 alow.aindfiett► /0730-131A thio io to loin IN that Met. Sues,at"b et hr pad vrtctsistr�a a3ioile�Cesl� It the tall asoest d $345.00 forsafdt Ooed�• at pdtt taa'o Ino.• watiesd tall plmms 17".tolMbomo ties with vwkw _ 'a pganto toes dated 3-5-" lo,att�aYM. at amort a( A aiteeld 't1m tiotiao of Cleftf"" June 21► • V.l. tatnel. C1etk. L06GKta Gots County oeelMen. edt tus bili bon to""M is tall PIGS"intoes all interested ruled - S s./s1A CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant JOHN WILL GALLON Address: Apartment B, 1912 Cutting, Richmond, California Attorney Donald K. 0ayden, Attorney at Lax, 2034 Blake Street Berkeley, California Amount: $50,000 Date Filed: December 2, 1968 By delivery to Clerk By mail, postmarked I. FROM: 'Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Does it comply substan- tially.with Government Code Sections 910 and 910.2? DATED: December 2. 1968 H. T. PAASCH, By II. Uepu II. FROri: Office of the District Attorney. t TO: Clerk of Board of Supervisors 'Above claim complies substantially with Government Code_ Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections; Board may not act on claim until 15 day after notice is given by this office. We recommend referral to ( ) County's general insurance carrier; ( ) insurance carrier for Buchanan Field; ( ) other insurance carrier specified below; ( ) District Attorney. DATED: /2= -.-L 8 JOHN A. NEJEDLY, By ;Deputy . III.FROX- Clerk of Board of Supervisors TO: (1) Public Works Department,.Attention Business & Services Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by C_. the Board of Supervisors on Deeenblzl0._-_1Qfi8_(copy of Board Order also'attached).'_P e-ase orKa is claim to the County's general insurance carrier (or ). Claimant notified of this action per Government Code Sec- tion 913 on D4cenber 1Q, 1968 , and memo thereof-filed and endorsed on claim, per Government Code Section 29703. DATED: Deeenber 10, 1968 W. T. PAASCH, By epu � IV. FROM: (1) Public Works Department (2) Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: Dec. 10, 1968 Public works, By •ao DATED: Dec. 109 1968 District Attorney, By eputy December 10, 1968 7. Donald K. Gayden Attorney at Law 2034 Blake Street - Berkeley, California Dear Mr. Gayden: Enclosed is a certified copy of an order adopted by the Board of Supervisors on the above date, denying the claim of your client, ZI John Will Gallon, which claim was filed in this office on December 2, 1968._ Very truly yours, W. T. PAASCH,' CLERK B y Dorothy zzer Deputy,Clerk dl Enclosure I GAYDEN;AND CHAFFEE Attorneys at Law 2 2034 Blake Street F UL E D Berkeley, California 94704 _ 3 Telephone: 548 1077 2 4 Attorneys for Claimant W.T.PAA9CH CLEM awxa aF:aweiw{was 7 CLAIM FOR DAMAGES AGAINST THE COUNTY:OF CONTRA COSTA 8 9 JOER1 WILL GALLON presents A Claim,for damages against 10 the County of Contra Costa, California,a Public Entity, in 11 the sum of Fifty Thousand Dollars ($50,000.00). ° 12 CLAIMANT'S ADDRESS: AAppaartment B 1912 Cutting Richmond, ,"California 14 DATE OF OCCURRENCE: August:2111968 15 PLACE OF OCCURRENCE: Richmond, California' 16 SEND NOTICES T0: GAYDEN"AND:CNAFFEE�- „y 17 Attorneys.at'I:aw" 2034 B1ake.Street Berkeley; California-`94704. 18 2� SAID CLAIM ARISES FROM"THE"FOLLOWING CIRCUMSTANCES: On July 31, 1968, a Complaint was filed against Claimant 20 in Action No. 141 379 of the Municipal Court of the21 Judicial' District of the City of Richmond. :`Said Complaint charged . 22 Claimant with a violation of Section 14601a-'of'the California u Vehicle Code. Claimant was subsequently:'airs igned.for this alleged offence, and the case was set for entry`.of plea on August 20, 1968. At that time Claimant appeared in',Court 'And the matter was continued-.to August`.27;, 1.968,' for4ntry of"97 - 2 plea. On August 21, 1968, Claimant was arrested by officers"of 30 the Richmond Police Department, acting pursuant-to a Warrant 31 of Arrest issued by employees of the County of:Contra'Costa, 32 and charged by Complaint in Action No. A-9695 with.the'same` owracx AND CH"FSE wnmcr.wur.r.oa. raasuawc awf-rm�-. . 1 s +- • , 1 vehicle code violation on"which he had.already,.been arraigned 2 and was preparing to enter a plea.' 3 ITEMS, NATURE:.AND EXTENT OF.bAMAGES:;OR INJURIES 4 Claimant, by reason of',his arrest and imprisonment, 5 suffered loss of the liberty guaranteed Eo him as a citizen e of the United States, was degraded:in the eyes of his famLly, 9 was made to suffer injurgeto his reputation in,the copmunity 8 and monetary loss in his occupation, was;subjected to:humilia 9 tion and distress, and made `to suffer"great mental anguish 10 and anxiety. Claimant is informed and believes.;and upon such 11 information,alleges. that his special and:general'damages are. 12 FIFTY THOUSAND^DOLLARS ($50,000.00) 13 GAYDEN AND CHAFFEE 17 DONALD R GAM = Attorrieys'.for Claimant 18 19 r 2D 21 22 . 23,1Y 24 W 28 28 29 30 31 wrocn wuo_CHAFFt[ j. _ - 7 .� «� \%�o $0 /\ 7 \ \ . . . . -a< y.�a. . aAw»y\/, - . . � .avow»:.., . . . . , . ��av ) CLAIM AGAINST CONTRA COSTA COUNTY Routing Eadoraementa : Claimant URRY CARPENTER) GEORGE DEAN CARPBHTSR,' and JOHN"WILLIAM CARPENTER, JR. Address: 2751 Bowhill Lane, San Pablo, California Attorney CAMPBELL, DROLLMAN, CANADAY & SHERROD JL032 Bay Street, Fremont, California 94.538 " Amount: $$120,000. Date'Filed: November 290 1968 By delivery to Clerk Z By mail, postmarked I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil-Deputy Attached is a copy of the above claim. 'Is it sufficient and:does it comply substantially with GovernmentCode Sections 9101and;930.2? DATED: lovember 29t 1968 W. T. PAASCH, By /lww��! rhe+raaG�l.: inns X: llaSorlet�tA� II. " FROM: Office of the District Attorney TO: pClerk of Board of Supervisors Above claim compl es bstanti lly with Government Code Sections 910 and 910.2. Above claim RAILS to comply substantially with said Sections: ( ) Board may not act on claim until 15 days after notice is given by this office; ( )" Do not file claim, time limits have expired. X We recommend referral referral to: t ! County's general insurance carrier; (((( Other insurance carrier; District Attorneys. ' /f DATED: 12- A.=G $ JOHN A. NEJEDLY, By L=ad " III. FROM: Clerk of Board of Supervisors TO: (1) .Public Works.Department, Attention:Business It Services Manager (2) District Attorney, Attention Chief,Civi1 Deputy, . application for laav* to present late claim Attached are copies of above/s3a" which was REJECTED by the Board of Supervisors on Decomber"lo. 196$" (copy of Board Order also attached). Flease.ra, his-618131"to the County#a general insurance carrier (6r'-1:---- Claimant or ----Claimant notified of this action per-a6vernesn e c tion 913 On Decomber 10. 1968 and memo thereof filad and ` endorsed on cia m, per vernment Code.Section 29703:, DATED: December 10, 1968 W. T. PAASCH, D� IV. FROM: (l) Public Works Department 2 - Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies"of.above"claim and/or. board order, and forwarding endorsement III: DATED: Dec. io. 1968 Public Works, By DATED: District Attorneyy,By a pu y DA-81:1M:4/66 I December 10 1968 Campbell, Drollman, Canady & Sherrod Attorneys at Law 4032 Bay Street .Fremont, California 94538 Attention J. Thomas Sherrod, Attorney at Law Gentlemen: Enclosed is a certified copy of an order . adopted by the Board of Supervisors on the above date, denying your application for leave`to present a late claim on behalf of your clients Larry Carpenter, George Dean Carpenter and John William Carpenter, Jr., which application was filed in. this office on November 299 1968. Very truly yours, W. T. PAASCH, -CLERK By _ Dorothy Lazzar ni Deputy Clerk dl Enclosure 1 .,CAMPBELL, DROLLMAN, CANADAY i SHERROD. Attorneys at Law 4032 Bay Street Fremont, California 94538 3 Phone- 656-5620 -4 s 5 F`IL ED 6 1111128:1 7 `WT.P � of ave wron usiuc 8 10 'LARRY CARPENTER, GEORGE DEAN CARPENTER, ,and JOHN WILLIAM 11 CARPENTER, .JR., APPLICATION.FOR_LE�1VS, • 12 Claimants, TO:PRESENT>>LATE;CLAIM Obi`BSHALPx OF LARRY,. .. ,�: 13 vs CARPENTER.::G80RG8 DEAR `' -CARPENTERS`and:'JOHN 14 COUNTY OF CONTRA COSTA, STATE WILLIAM,CENTER, JR , OF-CALIFORNIA. 18 CLAIM7l11TS �1 Respondents. / _-16 17 TO THE BOARD OF SUPERVISORS, COUNTY OF.CONTRA COSTA 'k 18 I 19 Application is:'hereby made for leto-present' s 20 late claim founded on a cause of action for gful death'which 21 occurred on December.2,''1967, and for which acla� ;was not 22 presented.within the One Hundred (100):day pe=iod provided;by 1; -23 Section 911.2 of the Government.Code. For :additional circiaostance 24 relating to the cause of action; reference is'nade.to the s' 25 proposed claim attached to this application..- 26 Ii 27 The reason that no claim was preseated:durinq the 28 period of time provided by Section 911:2 of.the Gove ANrnaent`Code 29 is that claimants, LARRY CARPENTER, GEORGE rDECARPENTER, and 30 JOHN WILLIAM CARPENTER, JR., and each of them,'xiere-minors 31 during all of the One Hundred Day (100) period specified,by 32 Section 911.2 for presentation of the claim,'al-1 as more sY MOM, it .a=4AV srssr. .tars sas•ss:. :at 1. particularly shown by.the attached declaration of HETTY HOLCOMB fr E `neee' -CARPENTER, ether of the claimants: $ III 4 This application is being.presented':within areasonable S time after the approval of the 'cause of action, 'and.more 6 particularly shown by- the attached decliraticDi of BETTY HOLCOMB 7 WHEREFORE, it is respectfully requested tlat'this 8 application be granted and that the attached proposed 1c,laim be 9 received and acted on in accordance with Sections 912.4 ='912.8 10 of the Government Code. 11 DATED: November 29, 1968 `' j i'SHERROD 12 CAMPB , • : 13 BY: THOMAS°SHERRO 14 Attorney,for Claimants 15 - r.. 16 17 19 20 '2E B3 24 25 26 27 28 29 30 31 3E -2- �nll �1�R�Otlll- t•: I T110" ®IN 0,11,rT - 1t 1 DECLARATION OF BETTY'HOLCOMB::. 2 I, BETTY HOLCOMB, formerly kno%rh as BETTY CARPENTER; 3 hereby declare that I am the natural mother.of'LARRY GENE 4 CARPENTER, GEORGE DEAN CARPENTER,. and_JOHN WILLIAM CARPENTER,, JR 5 1 further declare that LARRY GENE .CARPENTER wase-born September B, 6 :1950; GEORGE DEAN CARPENTER was born.Januasy'Ii; 1952,;.and ? JOHN WILLIAM CARPENTER, JR. was born August18i.1955; �andeach 8 of these children are the'sons of JOHN WILLIW CARPENTER, 9 deceased. . 10 prior to the death of my,former husband, JOHN WILLIAM I1 CARPENTER, SR.,,l had o'� ained` from him-a Final,Decree of I�.t✓c Stica �. -. Divorce andremarried and established.residence.in 13 San Pablo, County of Contra-Cos ta; State-:of California. 14 sons,.GEORGE DEAN CARPENTER and:.JOHN:WILLIAM',CARFENTER JR 15 have at all times resided with me, and LARRY GENE CARPENTER _16 entered the military service with'the Onted StatesM1Army in 17 September of 1967 and is stationed in Germany 18 The facts upon which my.children's claim, is based were 19 within the knowledge"of responsible employees of-the County.of 20 Contra Costa, but were not-brought to my 'attention 0r,to the;: 21 `attention of my children until notice.was given to me."of the. -=22 facts surrounding the death of claimants':-father-by my;fosmer. 'brother-in-law on or. about November 21, .1968.,-.'Qpon.learning, these circumstances,' I immediately arranged for.the filing of;` 25 the attached claim. 26 This declaration . is executed by me on:November 27 1968 at San Pablo, California. $' 28 I declare, under penalty of perjury.,'that this 29 declaration is true and correct to the.best of my knowledge and 30 belief. 3 /J BETTY HOLCOMB 32 .u.enwa. Stir"a .oru munr 40=my STUMT. a,n.rr�■ss T00.4R 6N-24tO 1. CAMPBELL, DROLLMAN, CANADAY i"SHERROD' Attorneys-,at Law 8032'Hay:Street Fremont,'-California 3 Phone: 656-5620 4 5 7 g wwcwiuTiis «rYNirwr1 $ n _9 10 LARRY.GENE CARPENTER, GEORGE.DEAN CARPENTER, AND JOHN WILLIAM NO : 1,], CARPENTER, JR., `CLAIM-.FOR WRONGPM 12 Claimants. DEATH, 13 vs 14 'COUNTY.OF CONTRA COSTA, STATE OF CALIFORNIA. 15 Respondents. 16 / 17 TO THE BOARD OF SUPERVISORS, COUNTY OF`.CONTRA.COSTM 18 YOU ARE HEREBY NOTIFIED that LARRY,GENE CARPENTER, 19 GEORGE DEAN CARPENTER, and JOHN WILLIAM CWENTER, JR. .and $p each of them, whose address.,is 2751 Bowhill Lane, San,-Pablo , 21 California, claim damages from the^COtiMY OF CONTRA COSTA.in the 22 amount, computed as of the date of'presentatiaa of.this, claim ; 23 .of ONE HUNDRED TWENTY THOUSAND.DOLLARS ($120,000:00) .This 24 claim is based upon the liability.recognized in connection with 25 public medical facilities under.Government'Code Section 255.fi 26 and, the death of JOHN WILLIAM CARPENTER,.,SR , the'dicease d . . 27 father of claimants, who died on December 2, .1967, While;a - 28 patient at the County Hospital, MartinezCoOaty of.Contra Costa, 29 California, under the following circumstances: ,Decedent,iaas 30 admitted to the County Hospital in Martinez on or.about 31 December 1, 1967. The agents, servants, 'and employees of the 32 County Hospital were negligent in the examination and/or' sas moo" -1- 800"W.trout -. MEN"GUMMY s YrwMs ssssw - 4022 Mr mast„ VUKM Y.CALM was .. ,: Two.asass-sada- diagnosis of decedent for the purpose of treatment, and were 1which negh 2 igent is the subsequen neglt treatment of decedent. 3 :gerice was the and proximate cause of decedents death at 4 the County Hospital on December .2, 1967. 5 The names of the p ublic.employees causing claimants' g injuries'under the described circumstances are not known to 7 claimants• The amount of damages incurred to date for the; 8 . expenses of medical and hospital care, and Other special 9 damages are not now known to claimants. and'the amount claimed 10 by way of general damages, as of the date of-preseatation of THO[JSAND.DOLLARS ($1200000 00). 11 this claim, is ONE HIINDRED TWENTY . All notices or other oommua ications with egard;t0 13 this claim should be seat to claimants care of CAMPBELL. A� 14 CANADAY i SSERH�D' 4032 Bay Street, Fremonalifornia 94538 i. 15 DATED: November. 29�; 19 8. IUMN 16 CAMPBELL, LLMAN, Y i SHERaOD BY: 1? J �H�MAS'. HERROD Atto ey'for Claimants 18 19 20 J 21 22 � - 23 24 25 26 27 28 29 30 31 32 -2 n�rr■� t IN THE UN D STATES DISTRICT COURT FOR THE NORTHERN OF CALIFORNIA RECEIVED: In the Matter of PETERJ. FRUMENTI and No. 100670 .-T. P A A S C H VIRGINIA L. FRUMENTI No. 100671 CIeRK ROARD OW SUPCM100na CO RA C r Bankrupts .In Bankrup NOTICE OF SPECIAL MEETING OF CREDITORS TO all-creditors of the above-named bankrupts: - tct Please take notice that Trustee has filed"with this-Court an application for approval of s proposed sale of. certain real-and personal property which she believes to be in the best interest OP ' all creditors. Attached to this notice is a full copy of such application YOU ARE FURTHER NOTIFIED that on the 3rd day of"December; 1958,: at 2:00 P. M. in ROOM 220 Post Office guild ng, an Ice rests an , a ornia a hearing will beheld to determine whether such sale should be approved. DATED: NoVEM8ER 19, 1968 a SHERIDAN DOWNEY, JR; Referee in Bankruptcy 214 Post Office,Building, 13th an Alice Streets x takland, Calltornia.y4612: 3' j. r. A=q " IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA In the Matter of PETER J. FRUMENTI and No. 100670 VIRGINIA L. FRUMENTI No, ioo671 Bankrupts / In Bankruptcy, APPLICATION FOR PRIVATE SALE OF'REAL AND PERSONAL PROPERTY TO the Honorable Sheridan Downey, Jr., Referee in Bankruptcy The application of Mike Nolden by Robert L. Ward, her attorney, respectfully represents: I. Thatshe is the trustee herein, duly qualified and acting'as' such. IL That certain property belonging to the estate herein and consisting of the following, has come into possession of applicant. A) Miscellaneous equipment being 1. 148 Flat-bed truck-non-operable 2. 1952 International Wagonner non-operable -3. Trailer 4. ''H•` frames for foundation 5. Miscellaneous woods (all appraised by trustee at. $250.00) 6. Grazing fees of $250.00 from Joe Duarte B) Loan of Arthur Brucker of $1,096,39 at 4% payable $19.72 per month. C) Loan of Orrie Anderson secured by Second Deed of Trust of $3,500.00 at $2?.00 per month. D) Loan of Al S. Rutkas allegedly for $1,950,00 secured by second Deed of Trust under foreclosure, but only a note for $400.00 appears in Trustee's records. E) Five loans secured by second deeds of trusts totaling $21,026.31, but subject to Sonoma Mortgage. Company's assignment as additional collateral for any losses on Unit ;5. F) Commercial West Pittsburglisted in bankrupts' schedules of approximate value of $20,000.00 subject to First Deed of Trust of $17,000.00 to Martin Sellus, about $1,000.00 in taxes and a Second Deed of Trust to Stewart Title of $16,000.00 as additional security for their contingent liabiltiy as passing titles. Now a 'substantial suit in progress. G) Tract 2656 1n West Pittsburg of three (3) improved lots with an approximate value of $6,000.00 H) Loan from Rose Frumeuti of $5,000.00 secured by Second Deed of Trust, which is now in litigation in Contra Costa County by Trustee's special counsel, wherein buyer is responsible for counsel fees. I) Contra Costa County Water District contract-approximate value $600.00 J) Possible claim to 57 Madison Street, Pittsburg. Bankrupt sold property to Samuel Lopez about 10 years ago on Agreement of Sale; was paid, but failed to,pass title prior to Bankruptcy. K) Office building and parking lot at 110 Blue Ridge Drive, Martinez. Value is approximately $40,00o.00 but subject to First and Second Deeds of Trust exceeding value. L. Five contracts of sale in Unit j42, Tract 3001, being X12,59,62,64 and 65. Each has a value of;$21,500.00 subject to approximate First Deed of Trust.to . Columbus-Founders of $16,750.00 a Central Sanitary District assessment of $1,497.41, a real estate fee to T. Duffy of $500.00. The contracts are. accelerated and become due in five years from sale, i.e. 1970, and would be very difficult to refinance ' under todays market. The buyers.could walkaway. .-, M) Automobiles-1965 Dodge (encumbered-owed $1,300.-00 at time of Bankruptcy 1964 Chevrolet.Truck 1963 Lincoln (encumbered-owed $1,100.00 at time of Bankruptcy. N) Libel suit against newspaper. Trustee cannot find ' attorney to handle on contingency. 0) Bankrupts one-half interest in property left to brothers and himself. 1. 279 West 7th St. Pittsburg, Value $14,000.00 Owe $16,000.00 2. 30 Madison St. Pittsburg, Value $6,00000, if: can find buyer as present sale to A. Wiley is failing. 3. 27 Madietnz St, Pittsburg, Value $6,000.00, if.can find buyer and is presently rented at'$70.00 per month (problems on #30 and #27 Madison is that to repair means bringing up to Code and is impractical) 4. Vacant lot-Madison Avenue, Pittsburg, Value about $1,000.00, but no buyers 5. Night Club Property (burned as listed in scheules. Lot value is about $10,000.00, but subject to delinquent taxes of some $1,500.00 and removal of debris (City complaining) wwith estimated cost of $3,000.00 P) Any excess interest in Sewer rebates from Central Sanitary District previously assigned more'than four(4) .. months prior to involuntary filing to Condon, Dolgin & Kully for services. (As future hook-ups are made, part'`. of fee is rebated to developer over next 15 years) NOTE These items listed above are being sold"AS IS". The-value and loanfiguresset forth are for descriptive purposes only and no representation is made or implied as to accuracy. Buyer is familiar with each item. III That it is desirable and for the best interest of the estate that said property should be sold at private sale for the following reasons: Each of these items has problems of running long terms with possible loss, collectibility, not saleable under current market conditions, and other items noted in descriptions above. zv An offer has been ma�C by Cowl,- 7,1ne , Trustee," probably imrel of or.bankrupt or, some of his family as they' giclv.e+'.o by a 20,000:00 being $x,500.00 cash and $15, rt»» reliable entity, payable in eighteen months. This is more T5% of-the appraised'value and 1a is publicrauctionmor cl sed bid larger sum could be re*3tzed by public sale. No.creditors committee was app wrays for an or gEFORE, applicant pder for appraisal and r private;sale and that all creditors be Bivll�salaonen ten a�1enoteeel�oYQ Y1. this,_application for,which no•previous"aPP DATED: NOVEMBER 1, 1968 - 2. _ tY; r Y xi C: �l C1. .1 Sj • 4W MPJ Lt } t T ;i Yt } - i8, s69 AASCH ' CLERK AR F.SUPE SpRS': 1 LARSON AND SCHULTZ 1630 NeWell'Avanue 2 :i P , 0' Bok;445 1 L WalCreek California 94597 auC 3 _> Telephonet ,934-7s21 JUN 131969 4 Attorineys.for Petitioner :w parva Caen* Rrk CONTRA•C.OSTA - 6 7 8 SUPERIOR COURT:OF THE STATE;OF CALII►QDiII► 9 FOR THE`_'dMWY OF CONTRA.COSTA 10 CLAIM.OF•RICHARD AIM SBERFIELD, a Minor, by RANA;SHERFIELD, his_ r IV :;•'Guardian Ad'rLitem 12 Petitioner, 4 PETITION r FOR;LBAVE TO FIIB�LSU�IT 13 V$ (Section 94616 of ins m. Gogarn=Wt-Code) 14 PTITSBURG;COtlBAtITY'H06PITAL -„ ;;.DISTRICT, CTTY'OF;PIITSBURG. "COUNTY OF CONTRA:'COSTA„ i 16 Respondents. 17 _; 18The°petition of'RAHA IE SHMFLD, petitioner,`for the 19 order hereinafter madecame on regularly to'be heard the 26th 20 daq of:May' 1969 in open;court' EDlI!!ID B. SCHl1LTL aPP as s > 21 counsel for petitioner;:there being no appearance bq rppondents 2p: Upon proof being made-to the satisfaction of the court 23 that this is"a proper•.case in which to reliave the petitioner 24 of-the provisions".of"Section 945 4 of:the Gaverao�nt 25 good cause appearing in which'to allow said Mpetitioner to file` 26: suit'as authorized by;Section,946 6 of the Govssasaat Cods � ': 27 IT.IS ORDERED that petitioner shall kava thirtq days fres 28 Iiay Y6, 1969 in which lei to file.her,compLsintin the above eatit r 29 action. 30 pLwented'for aignatura and signed June„ , 1969 31' ROBER t J ONE _ 32 - t ILI At 3 a s Le kv to °' "� s 3 8 r 5 �a� M . od 00 3 yyrl _ 8 g � , rM w � y APPLICATION FOR LEAVE TO PRESENT LATZ CLAIM AGAINST:CONTRA COSTA COUNTY , Routin8'Eridoraea+enta Claimant: RICHARD ALAN SHWIELD, a Minor, by RAMA SHNRFIM. Address: 1866 Oak Mead Drive, Concord, California Attorney: LARSON AND SCHULTZ, 1630 Nowell Avenue, Walaat Creek, Califoaaia Amount: $22,900, to date Date Filed:',Nov. 13, 1968 By delivery to Clerk By mail, postmarked I. FROM: Clerk of Board of Supervisors TO District Attorney, Attention Chief Civil De Application for leave to resent late Attached is a copy of the above/claim. "Is-1t sufficient,and does it comply substantially with Government. Code Sectioas;910;and 910:24 DATED: Nov. 13, 1968 W. T. PAASCH, By " eau . II. FROM: Office of the District Attorney T _ lerk of Board of Supervisors Above claim complies substantial y with Government:Code, Sections 910 and 910.2. X Above claim FAILS to comply substantially with said Sections: 04 Board,may not act on'claim until.15 days after notice is given by this office; ( ) Do not file claim, time limits have'eapired. X We recommendreferral to: (� County's general insurance carrier;. (( )) Other insurance carrier;- ... •. District Attorney. DATED: /%/'!-t 8 JOHN A. NEJEDLY, BY III. FROM: Clerk of Board of Supervisors TO: (1) Public.Works Department, Attention Business`A Services Mnager (2) District Attorney, Attention Chie! Civil Deputy application for leave to present,-late*, Attached are copies of above claim which was:M5XCTED by the Board of Supervisors on De er" 10. 1968 - >(copy of Board Order also attached).,: ease ro elaim:to the County's general insurance carrier. (or " Claimant notified of this action per Govertmten tion 913 on December 101968, and:messo.`thereof filed and endorsed on cBm, per Government Code _Section 29703. DATED: December 10. 1968 :W. T. PAASCH, .By 01t 7 IV. FROM: (1) Public Works Department 2 Office of the District Attorney. TO: Clerk of Board of Supervisors This acknowledges receipt of copies o! above claim and/or board order, and forwarding endorsement III. DATED: Dec- lo_ 1968 Public Works, ByJ�.[� District Attorne y *41 NFEW DATED: Doe 1 1968 y, By Imp y: DA-81:1M:4/66 December lOs.1968 Larson and Schultz Attorneys.at Law 1630 Newell Avenue Walnut Creek, California Gentlemen: Enclosed is a certified copy of ant-I order adopted by the Board of Supervisors on the above: date, denying the application for leave to-file a late claim on behalf of Richard Alan Sherfield, a minor, by Rama Sherfield, his Guardian Ad_Litem. Very truly yours, W. T. PAASCR, CLERK B Dorothy Lazzar, ni Deputy Clerk' dl Enclosure fNWNI Lit=-' � Q� wuECfi��- ._'SIGNED' PLEASE REPLY MERE To -:-DATE 9GNEp +IMSTEUCTIONS-FILL AN TOP PORTION,REMOVE DUPLICATE(YELLOW!ANO FON WARD REMINING PARTS.W ITN CARBONS.TO REPLY,'FtLL•IN LOWER PORT7p/ANO SNAP OUT CARBONS.RETAIN TRIPLICATE tPiNNi ANO RETURN g11OINAL 1 LARSON.AND SCHULTZ 1630 Newell Avenue 2 Fa 0. Box 44S ��ti!!S Walnut Greek, California Telephone: `934-7821` NOV 21911968.- 4 DISTRICT ATTORNEY'S OFFICE 3 MARTINEZ: CONTRA COSTA COUNTY CALIF b 7 8 SUPERIOR COURT OF,THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF CONTRA COSTA 10 CLAIM OF RICHARD ALAN SHERFIELD, ) u a Minor, by RAMA SHERFIELD, his ) Guardian Ad Li tem,12 ) No 112,466 Petitioner, ) � 1 ) VS. )" AMENDMEN .TO:CLAIM_. : 14 'PITTSBURG COMMUNITY HOSPITAL >) FOR7.PERS01NAI; INJURIES.. : 15 DISTRICT,;CITY OF PITTSBURG,' } COUNTY OF CONTRA COSTA. j{Government Code,,,Section •910 16 ): 17 18 To the Governing Boards of the following local public en- 19 titles: 'The Pittsburg Community Hospital-District, The`City of 80 Pittsburg, The County of Contra Costa 21 You.sre hereby notified that RICHARD`ALAN SHERFIELD, a 22 minor, by'RAMA SHERFIELD, his Guardian Ad Litewhase address` ,23 As-1866 Oak Mead Drive, Concord, Cali ornia, submits the 24 following amendment to his claim for"personal injuries ,which were 25 sustained'by'claimant on or about December`25, 1967, in=the -2& vicinity ofPittsburg Community Hosgita1,:i ithe City of '' 27 ".Pittsburg, County"of Contra Costa," State:"of California 28 The claimant, bq RAMA SHERFIELD,'his:Guardan Ad bitem, 29 "is informed and believes and'thereon-alleges by this added 30 amendment to page 2, lines 6-8 of the claim that the{unknown 31 as... .." 32 n r. c n y 1, public employees are employed by each and all of the:ab"ove named defendants in this claim. DATED: November 29,"1968, at Walnut Creek, "California 4 S. a/ RANA.SHERFIELD - '6 8 ':LAR ON AND"SCHULTZ , . 9 By..,s/ EDMUND,B. SCHt1LTZ Attorneys for Claimant u .12 13 14 15 16 17 19 20 .21 22 J 23 '24 25 26 27 A 28 29 31 321 1 (PROOF OF SERVICE BY MAIL - 1013a,2105 5C.,C.P.) 2 I am a citizen of the United States and a.'resident of the;; 3 ounty of Contra Costa;_1 am over the age of eighteen years and not: 4 a party to the within entitled..action, my business address-is 5 1630 Newell Avenue, Walnut Creek, California; on.the.27th day of 6 November, 1968, -I served the within 7iAMENDMENT TO.CLAIM FOR PERSONAL':INJURIES .(Government Code, Section 910) � 8 9 on the parties in said action, by-'placing a .true copy thereof l0 lenclosed in a sealed.envolopa^with postage thereon lulli prepaid, i 11 the.United States mail at-Walnut Creek,'.California, addressed'as 12' f6llowse 13 PITTSBURG COMMUNITY HOSPITAL 550'School Street 14 Pittsburg„California. k 15 `' PAUL'N. BARER, Deputy District Attorney. 16 County. of Contra.Costa Court House.-, 17 Martinez, California PACIFIC INDEMNITY GROUP 18 1956 Webster Street Oakland, California', 19 ' Attention: Mr., Sea 20 " I, CYNTHIA ETTLIN declares under'penaity of perjury, that 21 the foregoing is true and correct. 22 Executed on",November 27, :1968, it Walnut Creek, California~. 23 - i 24 s/ CYNTHIA.EWUN, CYNTHIA,ETTLJLN`�' 25 26 , 2T _ - 28 29 30 31 32 • t 4 1 'LARSON AND SCHULTZ Attorneys at Law 8 1630'Newell>Aveaue P O."'Boz 445 .= ?i :Walnut Creek, California"94597 -Telephone: 934=7821. -` 4 6 8 g - - 10 CI,(�IM OF RICHARD,ALAN SHERFIELD, ) a Minor„by.RAMA SHERFIELD, his ) 11 -Guardian Ad Litem, ) ,•� Claimant DECLiRATIObi Iti�$EtPPOST;.OF CLAM FOR P6RSOMAL Ilt3t1RI vs. (Section 910 of;the ;14 Govermient Code) PITTSBURG COMMUNITY HOSPITAL. DISTRICT,;CITY''.OF PITTSBURG, 25 COUNTY OF:CONTRA COSTA 17 I, RAM:SHERFIELD, declare 18 RICHA1tD ALAN`SHERFIELD is'mp sou, who is 14 months lg. old, born on August,?-' 1967. On or about._Decembier v 20 took Richard to the Pittsburg Gommunitp Hospital for trtatn►ent of:a virus and 'diarrhea condition "Richard was;giveu sn iutray venous .solution in the scalp and.inthe .legalttrerativelp , "r sit Richard xeceived injury.to the'right side`of his_head in that, I.was told, the.needle`.slipped out of the ;vein cad cawed the'_ solution to fill up.-,the,area;between the:scalp cad the 'skull $6This caused a scar like mark.to Richard's htad which in.all like T '87 . 116o0d.'will sever grow.hair again,•asd is highlp5:disfigfWing The injury was caused by the ne$1lgexe`0f the public E9 entity and the negligence of;-the public entitp'semplayees„ar: former employees: And at,all times`:during the 140 day claim 31- _presentation period provided by Sec;iob 911 2:of`.the'Government $B no know a Code, Richard kas a;.minor. I did -claim :r wasequired it • 1 `to be.mede.upon•the public entity, but :subsequently,learned of it= E when'I contacted my attorney. Thus, due to oy inagesiexe:regar -77 3 'ing>the pro per'proceduze it was only atter I tied consulted"spy 4 attorney that it became:known to-oe,what time.lions-'wre aatwlT S _involved. is soon as the:aforementioned facts were selated <an 6 effort was made to present thia.claim within a op reassble osis 71 The claim'is being presented within one year from the accrual 8 of the'cause b£ action. 0. 9 Hence, although Richazd"has not yet recovered l�rotc 10 "theae'L dries, a formal raque•tsto.consider the claim was u initiated with the utmost;haate. 'I declare underpenalty of : .perjury that the foregoing,is true and correct 1.3 Dated: October 24,-1968. at Walnut Creek,rCaliforpia 14 15 • Roos Sharfield..' ' 26 17 18 - '19 Q 4 y0 21 22 23. 24 25 26 27 28 29 30 3E; ' • • T 1 LARSON AND SCHULTZ Attorneys at:Law 8 ,1630 Newell Avenue P 'O:;:;Box 445: g Walnut Creek; California (SOV 13;1953 Telephone ,9344821 s: 4 Ver r PAt\�Cri _ i - C�.•K,GOA O CFrSU?ERYlSORS ONT A�C051Aj.0y f epYEy 4.. q 4 9 _CLAIM OF.RICBARD ALAN SHERFIELD, a"Mi nor; by°;RAMA SHERFIELD, his 10 Guardian Ad-Litem, 11 Claimant APPLICATION F08LSAVS TO r 18w. v.. { l 'la PITTSBURG COWfN1ITY HOSPITAL -;DISTRICT, ,CITY OF PITTSBURG, 14 <40UNTY-OF CONTRA COSTA r 15 16 TO,THE:PITTSBURG COMMUNITY HOSPITAL DISTRICT _THE CITY OF4ITT3a 17 °THE.COUNTY.OF.'CONTRA'COS' Application is hereby mad6..for leave to'present a 19 late.claim,fouFnded on a cause of action-'for personalinjuries, 80 which occu=ed on or;about December 25, 1967, aDd for which a-lels ^ ; 87 was not presented within the 100-day peiod provided'by Sections f_ 82 911.2 of the Government Code For additional circumstances' rvK; 83 relating to the cause of action„reference is made to the pro ' 4! .00Bed claim attached to this application 2.. .The reason that no claim was presented during the 26 :period;of time provided by Section 911 2 of the Goverpt CodeJ' 87 as;'that the claimant, RICHARD•ALAN SHERFIELD, was a minor during N�= `all of the 100-day period”specified by Secti6n`-911 2 for pre 89 'septation of,the claim, all as more particularly shown by the rY attached declaration of $A1�fA„SHERFIELD S1 3. -This application is beiE8 p resented within a 32 reasonable tine:after 'the of this cause of action - _ - K r �f I as more particularly shown.by the attached de�claratioa of, ' 2 RAMA SHERFIELD. 3 WHEREFORE ;it.is^respectfully requested that thisappli ' 4' cation'be granted"and that the attache'd.proposed claim be 5 `received and"'acted oa in accordance,with Sections 912 4 912; 8 6 'of"the Government Code. 7 ,'' Dated: October 24,1968 " 8 9 - RICHARD ALAN,SHERFIELD, CLAIMANT; 20 11 LARSON.AND SL;-MTZ 12 �. 18 By /s . Edmund B :Schultz 14 _ ttorneys or.0 a nt _f 16 P 17 19 - 20 21 ; 22 ". '23 24 25 .: 26 27 28 = E9 30 32 : 2. M7E: SCHULTZ t Law g 1630;Newell Avenue P . O.:Box 445 g Walnut Creek, California Telephone:. 934-7821 4 7 - 9 10 CLAIM RICHARD ALAN"SHERFIELD ) a`Minor; by RAMA D," nor, his:. 11 Guardian Ad Litem, Claimant DECLARATION IN SUP069T OF CLAIM:FOR'PERSOI�AT+INJURIES`.` VS. Government Code 14 PITTSBURG COZ4 MTY HOSPITAL = i 15 .DISTRICT,' PITTC05TASBURG, COUNTY.OF, 'L 16 17 I` EDMUND B. SCHULTZ, declare 18 Lam one ofLihe attorneys in this matter representing r= 19 the claimant. The following facts'are within my personal kaowled and if called as a witness I can testify c ,mpeteatly thereto 81 That when claimant's parents recently contacted me I �2 informed them of the.claim presentation,.requirement under ', Section 911.2 of,.the Government Code: That:the egsuing ipvesti- gation and research of:this case took considerable'time l P•5 In,light of,the'above and the cases of Morrill "v 'Cit 26 .of Sam�ca, 223 CA` 2703 35 C:R.' 924 (19b3), and .87 50 C,R 731 where the Tammen v Countp of San Diego, Court stated that the statute was not meant to"Penalize-minors., rather itis to pro them;^ it would appear clear that a minor, 30 under the circumstances, has:..100 days plus':one year within 31 which to file his petition via Sections 911.6 (b)` (2) and $B 946.b (c)°(2) of the Government Code Moreover,:,the public 1. 1 ,'entity has not been unduly'prejudiced by any.'delay ' 2 Dated; October' 24;,1968, at Walnut Creek, California 3 ' 4 /s/'Edmund B Schuitz 7�e orvays lorl.clalml 6 7 , 10 13 -- 14 k; t G y 17 4. 18 ' 19 10 ` 4 -23 t � i K i S �ca i- 26' 89 30 31 a2 z. - r. t. 1 LARSON AND SCHULTZ Attormysat Lav: g 1630 Nwall Aveaus P. 0. Tion:445 Qaloat Creak California Telephone:, 344821 s' S �- 6 8 .,F 9 CLAVI Or. RX CNARD ALAN sumnsLD, t, -a Minor, by RAW S�RRPIELD,"his 10 Guardian Ad Lit", CLAIM: 11 CLinent .� � - ��- V84 GotiroaatsCodao�c -- 33 PIZTSDIAtG COINKIMM TAI. , DISTRICT CITT'OP PrTrS1pRG, 14 COIQIIY O CORR1► COSTA 15 16 TO TY6 PIITSRZAtC CO)! i? i�SPTlAL DISTRICT; CIT! Of PIiTS/IIRG 17 COONn OF,COIRnA COSTA. .. ;`. 18 YOU ARE �Y pPIl3ED that"1tICINRD ALN SNOPIELD, a `- 19 minor, bP HAMA S@4FIELD;.49 Guardian Ad Lits, •hose addteaa is .20 1866 Oak.Mead Drive, Concord, Calit0 mains dataa .. �' � - ps tis?sba Pittabur8 Ca�uaity Boapital Distsiat, City of Plttsbust, BE of Contra. Costa, la the:aount c " Coin► aaputed as ot:;tha date of pras 23 tion of.thin Clain of TWENIT ivo.TNWJSANa NUE HIM D or .($22,900.00)., 25 - This Clain is based on rsoml Pe iq�urlas swtaia�adbl► 86 clataAnt on or about Decsbar 25 1967, in ttN vialoitP of be 27 Pittsburg Co•>tiaiy Hospital in the City of Pittibuss, California; under,the ;tollarioS`circueiataecea. a' 89 On or about the atoransntiooad'date c hti; Lineae, RICYA1tD 80 ALN ,was takaa"to tba:Pittsbur Si 8 C° unitp-,hospital for the traatarat`ot a virus and diarrhea condition nhic6 naseaaitatid r 32the up of intrabaoous solution.to,otfsat dehydration The'' �' ,intravenous needle 6acaie"detsched froea`tha in and<for some .° 1. 1 time Went;unnoticed whereby the dripping solution caused'e 2 build up between the skull and-the scalp :. '.iva result oft this 8 event the claimant has a large scalp scar=from the''center: of 4, the top of.the head to just-above the .right air., ;.The hair was ;5 destroyed and there is little -likelihood of ever Srawiog.hair 6 is the injured area. The names of the public employees causing: 7 claimant's injuries under the described circumstaacea are:'not �. Fy; 6 known to:claimant. 9 The injuries sustained by the claimant, as far as 10 known,.as of the date of presentation of this claim, const of 11 the injuries to the right side of the ha:64 -which ea' its 12 a, bad burn to an area of about 4 inches by,_2'iaches 18 The amount claimed, as 'of the date-of'presentaton of 14 this claim,is computed'as follows: k 15 .DAMAGES-INCURRED M DATE: ' 16 Expenses for.medical and :hospital care..`. $ 900:00 " 17 Loss of earnings ' 18 Special damages undetermined, 19 General damages t 22 000.00 20 Total damages iacurred,toidate.-:'' 22823, 00.00 Estimated-prospective 'damages are unkaowa`at this 22 but we ask leave to�insert-when., are ascertained ' All notices or other coamunicatioat?with:regard'to this 24 claim should be sent to claimant at,1630_Newell Aveaue, a tI. =: Creek, California.,--.,, 26 DATED• 27 -29 Cf a a CARSON AND`SCHM 30 Sl By. Edmund B Schultz`- t rasys _or a 32 2. DYOTICE OF INSUFFICIENCY. o: Edmnd B..S halts, Esq. 2. 0. so: Is5 Re: .Clain or nehast Alan SbisH�ld Walnut Creek, California You Will Please Take Notice as follows: The claim presented by you to the County of Contra Costa.fails to comply substantially with the requirements of California Government Code Sections 910 and 910.2 or is otherwise insufficient for the., reasons checked below. Z 1. Said claim failstostate a cause of action against the County of Contra Costa or any employee thereof. T 2. Said claim was not presented within the time:limits prescribed in California Government.Code-Section 911.2' 3. Said claim fails to state the name and post office address , . of the claimant. h. Said claim fails to state the post office address to.which the person presenting the claim desires notices to be."sent. 5. Said,claim fails to stats the date' place Ior other,circum- stances of the occurren-e or transaction which gave rise to the claim asserted. 6. Said claim fails to state the name or.names of:the public employee or employees causing the injury, damage, or.loss, If known. 7. Said claim fails to state the amount claimed astof 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., 8. Said claim is not signed by the claimant or by some.person on his behalf. 9. Other: JOHN A. NEJEDLY District Attorney By eputy; s r ct: .t orney CERTIFICATE OF SERVICE BY MAIL (C.C. . 1012, 1013a, 1963(24),--2-015.5) I certify that my business address is the District Attorney's Office of Contra Costa County, County Court House, P. 0. Box 670, Martinez, - California, and. 1 am a.citizen of the United States over 18 years"of age, employed in the County of Contra Costa, and not a.party,to;the . within action; I served a true copy of the within Notice of Insufficiency,by placing said copy in an envelope(if) addressed as designated'above,..which is/#L place(/)'having delivery service by U.S. Mail, which envelopeO<r was then sealed and postage fully prepaid thereon, ind.thereafter was,_,, on this day deposited in the United States Mail atMartinez, Contra Costa County, California; I certify under penalty of perjury that the foregoing is true and correct. Dated: November 22, 1968 at Martinez, California: /i/ tatrIela Gels: cc: Clerk of Board of Supervisors Public Works Deoartment :DA-82:250:3/68 [ f 7�3L7, a Vv t Ss4'",P .�� y; � a� Kms�•' ,�y 7= a x CJONPY CumK'3 OFFICE CONTRA COSTA!COMMY inter-Office!Memo D111TB: Doembar 6. .1968 TOs' Office of the District Attorney Fit�+ts W: T. Paasch, Clerk; 9uwmlCTs Action No. 105251 of trs'Superior Court of the State of California, is and for the Oounty.of Contra 02sta, ,rt` WILLIAM J. FANSLBlt,end DONNA E. PACO:_ vs. _- BERRARD LEO-C$ECaAL, COUNTY-OF..CONTRA COS'TA- !l/4Nf444444444444444444444444N!l444!!4!!!!�!lft14!!!f!!!! ' IT- y Attached is copy of Summons.Snd`Coeplant In the above-entitled action. - ResRiivedetiow- • Owed This 156 .foe CM - �to:4.,,. 66-12-500 run 8.4 /0-G� CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant DONALD F. LSE Address: 97 Karry Lane, Pleasant Hill,.California Attorney: COWAN, HENZE, MORBEN & STONE, Attorneys at Lax, 33 Quai1 . Court,. Walnut Creek, Calif. , Amount: $50,000 Date Filed: November 25, 1968 By delivery to Clerk bz attorney I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient and does.it comply substantially with Government Code Sections O; 910.2? DATED: November 25, 1968 W. T. PAASCH, By pu y II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors X Above claim complies substantially with Government •Code Sections 910 and 910.2. Above claim PAILS to comply substantially with.eaid Sections: ( ) Board.may not act on claim until 15 dsya-after notice is given by this office; ( ) Do not file claim, time limits have expired. We recommend referral to: ( County's general insurance carrier; (( Other insurance carrier; District Attorney. DATED: JOHN A. ME.MLY, By► Impuzy III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Huaineaa Services ldnager (2) District Attorney, AttentionChief Civil Deputy Attached are copies of above claim which wss.•REJECTED`by the Board of Supervisora on Deecmber 3,1968 ,(copy-or Board Order also attached).-P'�ae orwa Ersclaim to the County's general insurance carrier (or ). Claimant notified of this action per Gogerrnen a c- tion 913 cn Doeimber 4.'1968, and memo thereof, file&and endorsed on c , per vernment Code Section 703; DATED: December 4. 1968 W. T. PAASCH, $q � � mucy IV. FROM: (1) Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisorsz. This acknowledges receipt of copies of aboVW elaim and/or board order, and forwarding endorsement III. DATED: _ Dec- ft- 1968 Public Works, By 7� . DATED: Dec. h. 1968 District Attorney, By. � eD pub DA-81:1M:4/66 N0V 251968 W.,T.PAASCH '. CLERK OOARO OF SUP9MBORS A CLAIM er CLAIMa TO THE CITY OF PLEASANT HILL, a Municipal Corporation, . TO THE COUNTY OF CONTRA COSTA; TO LARRY SLATE a Peace Officer; TO FIRST DOE, A Peace Officer, whose'name is unknown to claimant; YOU,WILL PLEASE"TAKE NOTICE, that the undersigned has a claim against the City of Pleasant Hill, Ther. County of Contra Costa, and two of its Peace Officers, LARRY SLATE and an officer whose name is unknown-to claimant, for personal injuries, and sets forth .the following-information pursuant'to the;provisions;Of the California Government Code: (a) The name and post office address of claimant are as follows: DONALD E. LEE, 97 Karry Lane, Pleasnt-Hill, California (b)_ Claimant desires notices to be sent to the following address: COWAN, HENZE, MORKEN $ STONE, Attorneys at Law, 33 Quail Court, Walnut Creek, California, 94S9L (c) The date, place and circumstances of the incident giving raise to the claim asserted, are as, follows: 04 October 26, 1968, at. the hour of approximately 9:00 o'clock p.m., claimant was arrested for 4n-,, alleged motor vehicle.violation by Larry Slatw. and another officer, who"claimant is infaraed=are members of the Contra Costa County Sheriff's Office, serving as Pleasant',hill' Policemen; said arrest took place in the.vicinity of- th`Street and Willow Pass 'Road, in the City of Concord,; ; County of Contra Costa;,at;the tine of`said.<arsest claimant was assaulted and beaten by the arresting- officers suffering physical injury and,.injuries to his nervous system,.including, but not restricted to, a laceration above the left eye, a`laceration on the right scalp,_a possible dislocated nose, -1- COWAM.MERRF.MORKEM!•fO1RZ - - ATfC111f9L'i AT LAS a bruise, and possible further injury to .the right check, injury to the right eye a bruise and abrasion of the right shoulder,`a bruise and abrasion of the left'shoulder,;an abrasion.. of the left hand, a laceration,' contusion:and abrasion of the right ear, and.scal in;the vicinity of the right ear,:aggregation of'a pre-existing back injury, possibleinternal injuries, and extreme nervous shock: (d) The injuries and damages sustained by claimant that are the basis of this:;claim so far as known at this time are: As described in paragraph (c), above. (e) Name or names of the public employee or, employees causing the inTury, exceppt for Larry Slate are not now known to claimant.= (f) ,The amount claimed as of the date of this claim, including the estimated amounts for prespective injury, damage or loss, .in so far as is known at this time, is as follows:, Fifty Thousand (5501000.00) Dollars. rf Dated November 13, 1968. COWAN, HE E EN $ STONE By (� A� orneys for Claimant Claimant t- COWAN.HLNM MOMUM•WOM ora� d�ur CMM uUPONUA I the undersigned say: That I am the claimant in the above entitled batter, that I have read the foregoing Claim and know the contents thereof; that the same is true of mY own knowledge except as to those matters which Are the stated upon my information and belief and as to those matters I believe it to be true. I declare under penalty.of perjury that the foregoing is true and correct. Executed at Walnut Creek, California this. daY of November, 1968. A iJ.- cowML NEN=E MOIdaM t stogy � A7iO�ri AT LAr ' { t December 4, 1968 Cowan, Henze, Morken & Stone Attorneys at Law 33 Quail Court Walnut Creek, California 94596 Gentlemen: Enclosed is a certified copy of a board order denying the claim of your client Donald E. Lee, which claim was filed in this office on November 25, 1968. Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk dl Enclosure • y/� . ;c CLAIM AGAINST CONTRA COSTA COUNTY RoutingEndorsement's Claimant: Daniel H. Lary Address: 1843 Toyon Drive, Concord, California 91520 itlN Chase &,Gold Insurance Agency, 57T:Ygnacio Valley Road, Walnut Creek, California.' Amount: See attached estimates ($290.19 - ¢297x52) Date Filed: November 19, 1968 By delivery to Clerk By mail, postmarked ov. I. FROM: Clerk of Board of Supervisors , TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient and'does-it comply substantially with Government Code Sections 910 and 910.24 DATED: November 19"968 W. T. PAA3CH, BY �.�� Gu Y II. FROM: Office of the District Attorney T0: Clerk of Board of Supervisors - Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said. Sections: ( ) Board.may not act on claim until 15 days after notice is given by this office; ( ) Do not file claim, time limits have expired. X We recommend referral to: ( County's general insurance carrier; (( Other insurance carrier; District Attorney. DATED: /l-2z- c_s JOHN A. NEJEDLY, By III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business A Services Manager (2) .District Attorney, Attention Chief'Civil Deputy. Attached are copies of above claim which was-REJECTED by ; the Board of Supervisors on November 26..1968 (copy of Board Order also attached). PTesae 3o"mara-tnis claim to the County's general insurance carrier>(or, ) Claimant notified of this action per Governmen e c tion 913 an Nov: 27. 1968_-, and memo.,thereor. tiled and endorsed �► c a per vernment'Code:Section 03. DATED: Nov_ 27, 1968 W. T. PAASCH, IV. FROM: 1 Public Works Department (2) Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of.above claim and/or, board order, and forwarding endorsement III. DAA% Nov. 27, 1968 Public Works, By, a�o Dpi% Nov. 27, 1968 District Attorney, By l7hr tai.,.. e •%lw�x Deputy DA-81:1M:4/66 November 27, 1968 Mr. Daniel B. Lory 1843 Toyon Drive Concord, California 94520 Dear Mr. Lory: Enclosed is a certified copy of an order which was passed and adopted by the Board of Supervisors on November 26, 1968, denying your claim which was filed in this office on November 19, 1968. Very truly yours, W. T. PAASCH, CLERK, By Dorothy Mzar n Deputy Clerk dl Enclosure g�CEIVED 4�oV 191958 W.T.PAASC14 CLtRK ODARD OF SUPOW 1843 Toyon Drive Concord, Ca. 94520 November-1 1968 Board'of supervisors of Contra'Costa County County Administration Bldg., Room 107 LSartinez, Ca. 94553 Gentlemen: I hereby serve notice that I intend to'sue the County fore' damages in the amount shown on enclosed estimates. < o mj A County paddy driven by-Em11 Zee Bin theacke parkingt16V vehicle, a 1967 Camaro, license T0d 333, . at Dlablo Palley College at approximately 11950 PId'on Nov: 9, 1968. I would appreciate prompt action on this matter. - your truly, : DANIEL:H. LOEY Encl: (3) s. Chase&Gold Insurance Agency 577 Yoaado Valley Road f Waleol DOW eali/orwia 945" TabPiaaar 93940" DEPENDABLE SERVICE Aloveabea /4, 191&0 oft h"i�f f- O'FAM f�e�e¢ertce.� &nit Lee 1348 w DeaiL Surd: Oua.rndr zed, Ar. LbaLd X. 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Labor�Nfs. _' S- irons.links a Parts' - S Less Sm—S Less on on S Net Parts $ - TaconS'- sublet S ,A—Align N—New OH-Ovmhaul 5—Straighten or R.peir EX—Eachangt RC—Rechromt U—Used JJAL S This es6mne is based an kswca possible cod co-W-1 weh quality work and audt,is.guetemead... - Items not covered by this esli— or Bidden will be additional. M POAV71>>AO • �; " 3700 BUMM AVE. TBEPHONE 6IM500 - NAME - ADDRESS - DATE.: - a GO AS :.MAKE OF CAR VW TYPE UCENSE NO.- MUEAGE MOTOR N0. : SERW.110. ss !9� Td INSURED BY - ADJUSTER INSPECTOR NII7fE77 IIOI� _ RUSDESS ' Sy"a mom tabs Hrt P.h Tyrbd IEFT table Mti'PM sr" BIOME table Hra PMI . Bumper Faderpidr ' B— r Rail - Fender Om--* Bumper Brkt. F.nd.r SNJd F.M.wj Mki. F.nd.r bumper Gd HeadH.edltgt Frt.S tem H. —p Door 7y O FI. Dole Frame S."-ft— Sand Barn Cron M.mber Cowl - Coal -- DW.Frele Wheel - Dole.From -Doer lack Hub Dole I.& - _.'Doge Hub&Drum Dole M Dale Gabs K..M. -Dole GI.. - Vats Gl.a Knuckle Sup. 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You ire h—by&A w lab d to mAe the abw pd• Rd.Nott Wh d Tsd repairs Fan at.& Hub B D.- y9-d Fan Bah Back UP lilt. W.tw P—P Wh d Shi.W Motes Ucrne Fm —Bade Tea ...A—AByt N— ees NOH—Oveduul S-Strdn Rht a RsPW EX—ExCIM" RC—Redo U-U.W WAO `f- .: -TWI t>Hmele is bad on lowest Pon"mat cm low*wWP*mMy wk and n such.6 Ruw.mtad. holt nes roerrr'M HSs rtinwte.a ldc d;m will be e"OonY. -. i z- + ` C z a Y o H .a W --------------------- f 1 t. y. ,o y r; j i y •N ,p i�5 O. . ?A CLAIM AGAINST CONTRA COSTA COUNTY RoutingEndorsements Claimant: Manuel Aaosta Contreras Address: c/o Don B. Yates,Jr., 22 Martin Street, G12ro7. Califerala Attorney: Dan B. Yates Jr. Amount: $1.000 Date Filed: Roveaber 7, 1968 By delivery to Clerk By mail, postmarked. 122axib2a I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient<and does it comply substantially with Government.Code Sections 910 and 910.2? DATED: Noveaber 7. 1968 W. T. PAASCH, By- Aileen Zldar pu y II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Goverment'-Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections: (A) Board may not act on claim until 15''days after notice is given by this office; ( ) Do not file claim, time limits have expired. We recommend referral to: (� County's general insurance carrier; (( )) Other insurance carrier; District Attorney. DATED: JOHN A. NEJEDLY, By ePu III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention-Bus iness.& Services ' ' Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which-was- REJECTED by the Board of Supervisors on Nova`b.r 26. 1968 (copy of Board Order also attached).Hse 01 his Claim,to the County's general insurance carrier (or ). ; Claimant notified of this actionperGoverrnaen a c- tion 913 on Nov. 27. 1968 and memo thereof filed and endorsed on c i per vernment Code Sec ion 9703. DATED: Nov. 27.'1968 W. T. PAASCH, r as" puy ' < IV. FROM:. (1) ,Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement/III. DATED: Nna_ PZ_ 196A Public Works, By DATED: Nnv_ 9Z io6R District Attorney, By Pum - DA-81:1M:4/66 November 27, 1968 Don B. Kates, Jr. Attorney at Law 22 Martin Street Gilroy, California 95020` Dear Mr. Kates: Enclosed is,a certified copy of an order passed and adopted by the Board of Supervisors on November 26, 1968, denying the _ claim of your client. Manuel Acosta Contreraa. Very truly yours, W. T. PAASCH,'CLERK By, Dorothy Lazzar n Deputy Clerk d1 Enclosure a(/{/ LAW OFFICES OF CALIFORNIA RURAL LEGAL ASSISTANCE 22 MARTIN STREET' DON B.KATES.JR. - GILROY.CALIFORNIA 25020 GtNTRAL OFFICE OlR[CTIhO ATLORNEY t113 W11KR iT11cLT.: - T[WNONE 3a3A3T1 .YNfAANl3t:0.CALIfOKNlA MI03-:�;`. BRIAN H.PADDOCK' (ARu OODc aosl T[LVMON[(4131�33.aN1. A6[OCIATL ATTORN[Y JAYEi D.LORENZ:JR. DIANE V.DELEVETT - 013[GTO(1 Ac30curc ATTO."T November 19,1968 John A. Nejedly, Esq. 111 CEF L1J District Attorney Contra Costa County hdOV 2 01968 Martinez, California 94553 W:T. ,A A S C H .' CLERK or SUPURVISM Board of Supervisors Contra Costa County Martinez, California 94553 Gentlemen: I enclosed a copy of a form received from the Office of Contra Costa County District Attorney John A.-Nejedly The letter purports to be'a Notice of Insufficency pursuant to Gov. C. §910.8, but the asserted insufficencies.in.'-the claim are so insubstantial or irrel,^.vant as to indicate that -the claim is being rejected on its face. The first specification of the Noticeof-Insufficiency is that i3Said Claim fails to state's cause of action'against the County of Contra Costa or any,employee thereof." -Tbi is obviously a ground for rejectioa,of the claim not.a ground for calling it insufficient.", Indeed, the claim_amply sets out a cause of action for false arrest and negligence by'officials of the P.I.N. system, or by their;equipment. .AS stated in paragraph 14 of the claim, the County of.Coatra Costa is a subscriber to and employer of that system and those officials. Claimant's cause of action against the County of Contra Costa is therefore in the nature.of respondeat superior. (If your form reply was intended to indicate that the County of Contra Costa was not a subscriber,to and ; employer of the P.I.N. system on or around August 16 ' 1968 it fails to do so. However if this is true, we will certainly'. consider withdrawing the claim forthwith.); The second specirication of your letter is that""Said claim fails to state the date, pl=e or other circumstances of the occurence or transaction which gave rise to the claim asserted. /sic? against Contra Costa County." . Any reading of the clai'a indicates that it states in the fullest possible. manner all relevant dates, places and other circumstances. The' oaly dates and circumstances not detailed in the 'claim are those surrounding the relationship of Contra Costa County '` t 'John A. Nejedly, Esq. . Board of Supervisors -2- November 19, 1968 CALIFORNIA RURAL LEGAL ASSISTANCE to the P.I.N. system--none of which dates or circumstances era known to claimant, but all of which are known to you. The final specification of your letter is that "Said claim fails to state the name or names of the public employee or employees causing the injury, damage, or loss, if known," -The claim..sets ' out the namesof all the public employees knovm to claimant orhis attorney at this time. It should be obvious from reading the claim that it was written with the intention'of'describing in the fullest detail all the circumstances of which claimant and his attorney have knowledge. As indicated above, I am unable to-determine what'eueet your Notice of Insufficiency has or is intended to have., It it is intended as a rejection of the claim please inform:me immediately:. so that I may proceed to court action. Y tr Ya f JR.; Directing Attosngq Enclosure P'OTICE OP INSUFFICIENCE To: DON B'. ZAM r.,.Esq. Re: Clamor Itanuei Acosta Coat"As 22 Hartle raft Oilro� itosala_ You Wil lease Take Notice as follows: The c aim presented,by you to the County or Contra Costa.fails`to comply,substantially with the requirements of California'Oovernment= ` Code Sections 910 and 910.2 or Is otherwise insufficient Por>;the reasons checked below. X 1. .Said claim fails to state a`cause of.action against the County of Contra Costa or any employee thereof 2. ,Said claim was not presented within the time,limits prescribed in California Government Code"Section911 ,2. 3.` Said claim fails to state the name and post office address of the claimant. k. Said claim fails to state the post office•address,to which the person presenting the claim desires notices .to"be,,sent. X 5. Said claim,rails to stag the date, place or other:eirc�un= stances-of the'occurren-e or.'.transaction whlcfi,gave rise; to the claim asserted. ag"t Contra Costa:,C01Xty': -Z 6. ,.Said claim fails to state the name or.names:of the.".,public" employee or employees causing the injury, damage,:er loss', if known.` 7. Said 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, 6 'the basis of:' computation of the amount claimed. 8.". Said claim is not signed by the claimant or by'some person on his behalf. 9. Other:RJECErVED _ JOHN A..NEJEDLY NOV 12 IS8District Attorney W. T. PAASCH "nuc OF suopwuows B /3/ '.Pau2 W. Halter Deputy Distriet,Attorney 41' CERTIFICATE OF SERVICE.BY MAIL (C.C. . 1012, 1013a, ,19 3 2 ,.2015.5) : I certify that my business address is the District Attorney's Office of Contra Costa County, County Court House, P. 0. Box 670,;Martinea : California, and.I am a citizen of the United States, over 18;years-of age,.employed in the County of Contra Costa, and nota party;to the; within action; I served"a true copy of the within Notice of Insufficiency by.placing said copy in an envelope(s) addressed as designated,above;which is/are places) having delivery service by.U.S. Mail,'which,envelope.(s) was then sealed and postage fully prepaid thereon, and.thereafter•was, on this day deposited in the United States Nail at Martinez;"Contra:. Costa County, California; I certify under penalty of perjury that the foregoing is true and correct. Dated: November 8, 1968 , at Martinez, California. G /J/ 11M F. Keith 2 cc: 44,Mr-k of Board of Supervisors Public Works Department DA-82:250:3/68 P , i yy . r • F1 LED 1. DON E. KATES 2 BRIAN PADDOCK NOV 7 1968 DIANE DELEVETT W.T. PAASCH Attorneys at Law C_.-RK BOARD OF SUPERVISORS 3 22 Martin Street RA C NIDST*C n Gilroy, California 95020 Deousr 4 Telephone: (408) 842-8271 5 Attorneys for Claimant 6 7 MANUEL ACOSTA CONTRERAS# ) 8 Claimant, ) 9 vs. ) CLAIM FOR DAMAGES PURSUANT TO GOVERNMENT TORT LIABILITY ACT• 10 CITY AND COUNTY OF SAN ) FRANCISCO, COUNTY OF 11. -SANTA CLARA, COUNTY OF ALAMEDA, COUNTY OF SAN ) 12 MATED, COUNTY OF CONTRA ) COSTA, COUNTY OF MARIN, ) 13 COUNTY OF SONOMA, COUNTY ) OF NAPA, COUNTY OF SOLANO, ) 14 CITY of MORGAN BILL. ) ` 15 ) 16 17 COMES NOW THE CLAIMANT, THROUGH AND BY ATTORNEYS, AND STATES: 18 19 20 1, Claimant is Manuel Acosta Contreras, a citizen of the United_States 21 whose mailing address is % Don B. Kates Jr., 22 Martin St:, Gilroy, Calif 22 Claimant is s resident of Tulare County. 23 2. On or about August 13, 1967, Claimant was cited in the City and .24 County of San Francisco (hereinafter referred,to as-, City and County) for 25 a-moving violation. - 26 3. When Claimant failed to appear or forfeit bail, San Fsaacisco Warrant 27 No. 22874 was issued for his arrest. 28 4. Thereafter, on November 3, 1967, Claimoz:r cbtained.a money order.for F 29 $40.00, the full sum necessary to discharge his obligation on the ticket and 30 the warm and sent the money order to the Court. 31 S. On November 13, 1967.,that payment was received by the Municipal Court 32 1 Traffic Division of the City and County. (1) 1 6. With said payment Claimant had discharged every element of his duty 2 under the law. By law (and by the regular procedures of the City and County)` 3 the warrant outstanding against Claimant should have been recalled. 4 7. on or about July 16, 1968, Claimant was staying in the vicinity of 5 Morgan Hill, California, where he was then currently employed. 'Finding" 6 Claimant sleeping in his car at approximately 6 a.m. in an automobile sales 7 lot, Officers J.L. Baxter and of'the Morgan.Hill police Depart- g ment accosted him. When the officers doubted.Claimant's statement that he 9 permission to sleep on the lot, Claimant suggested that they accompany him to 10 the house of the lot's custodian. 11 S. En route the officers radioed to the Santa Clara County Communi- 12 cations Center for information as to whether Claimant was wanted. 'Having 13 determined that Claimant indeed had permission, the officers were returning 14 him to the lot when they were informed by their radio that San Francisco 15 Warrant No. 22874 was outstanding against Claimant and thatian abstract 16 thereof was held by the Santa Clara County Sheriffs Office.-The officers 17 confirmed the warrant. 18 9. Thereafter, they placed Claimant under arrest and transported him to 19 the Morgan Hill Jail. While being transported to the jail and at various 20 times thereafter, Claimant protested volubly that he had long ago paid off '21 the warrant. He asserted that he was a poor man with a large family to 22 support, that he did not have $40.00 to pay and would not until pay day, and 23 that incarceration would result in the loss of his employment, such employ 24 ment being vitally necessary to the everyday support of himself and his 25 family. Claimant became very nervous and upset. The officers expressed their 26 sympathy but said they had no other course but to arrest Claimant under the 27 terms of the warrant. After booking and incarceration, Claimant was per- 28 mitted to send a message asking a friend to loan him the money necessary`to'.pay 29 off the warrant. The friend arrived with the money at approximately 10.00 a.m. 30 at which time Claimant was finally released. At all times previous to his 31 release Claimant was extremely nervous and distraught Claimant knew that if 32 his friend did not have the money or was unwilling to lend it to him, he would (2) 1 be transported to the Santa Clara County Jail, there to await transfer to san 2 Francisco. In that event, Claimant would be unable to work that and suc- 3 cessive evenings and would, therefore, almost certainly lose his job. 4 10. Claimant was correctly advised by Sergeant Bill Goold'of the Morgan_ 5 Bill Police Department that he would be able to obtain redress only by pre 6 senting himself in court in San Francisco with evidence that he bad pre- 7 viously paid the warrant. On the day of his release,;August'16, 19681Claim=. 8 ant therefore drove to Visalia, California, a distance.of 163 miles, to 9 obtain the receipt for his money order. Having obtained it, he returned on 10 the same day to Gilroy, California, in time for work on the night shift 11 albeit without sleep. 12 11. On August 19, 1968, Claimant drove to the Municipal Court Traffic 13 Division, of the City and County of San Francisco, appearing there on that 14 same morning. He informed several clerks in the Warrant Department of the 15 circumstances that had led to his presence there. One of theite clerks in- 16formed Claimant that his record indeed indicated that the warrant had been 17 paid on November 13, 1967, but that through an.error -c on whose part'it was',. 18 not disclosed -- the warrant had not been.recalled. Claimant then presented 19 the receipt signed by Sergeant Bill.Goold of the Morgan Hill Police Department 20 evidencing his imprisonment and the payment.of $40.00. •Claimant at that time 21 asked for the return of his $40.00 and for reasonable expenses incurred in i 22 "correcting the situation. The clerks.very rudely informed him that his $40.00 23 would be returned in due course -- perhaps a month.-- and that he could ~. 24 whistle for his damages. Claimant explained that he was a very poor;man and 25 that a delay of as much as a month would cause substantial hardship to hiim aad 26 his family. Claimant's pleas were rejected with contempt and derision: 27 12. On September 4, 1968, Claimant, through and by his.attorney,'.spoke by 28 1 telephone to James D. Leddy,an official in the Warrant Department of the Muni 29 cipal Court, Traffic Division, of the City and County. Mi. Leddy acknowledged 30 that Claimant had indeed made full payment as of November 13, 1967,and that 31 the records indicated that the San Francisco Police Department had been noti 32 fied that the warrant was paid at that time. No further information (3) I concerning the warrant's recall -- or who had failed to effectuate such 2 recall; -- was available. 3 13. On or about August 23, 1968, Clamant, by and through his attorney, 4 spoke to an employee of the Santa Clara County.Sheriffs Office.:Wirrant 5 Division. He was informed that they maintained no records from which it 6 could be determined whether employees of the City and County had made any 7 attempt to recall the warrant. He was further informed that, although 8 unusual, "it has happened" that through the negligence or error of employees ` 9 of the County of Santa Clara, warrant recalls from counties have not been 10 effectuated by employees of the County of Santa Clara. 11 14. The Police Department of the City and County of Sari Francisco, as 12 well as the local police agencies of other Bay area counties, subscribed at 13 the time of the issuance of the initial warrant for Claimant's arrest to a 14 "uniform warrant service" known as the Police Information Network (P.I.N.). 15 The P.I.N. computer apparatus, located at the Alameda County Data Processing` 16 Center, is owned and operated by Alameda County on a cost-sbaring basis with 17 the subscribing counties, who pay an annual fee for line connection and a 18 prescribed amount for each warrant placed into the system. Although employees 19 -of the Data Processing Center informed Claimant's attorneys that they are 20 "not allowed" to give any information concerning.P.I.N.'s structure and op- 21 eration, further investigation revealed that P.I.N. is legally an arm of 22 Alameda County, governed by a Board of Directors. An employee of a`sub- 23 scribing police agency has described P.I.N. as a "computer file of,`basically, 24 warrants of arrest, stored on a non-line basis with immediate recall." 25 15. Normal procedure, therefore, is for the computer to be updated 26 immediately after the Court informs the"responsible agency" -- in this case, 27 the San Francisco Police Department that the warrant has been paid off. 28 Because of the great concern for false arrest problems, however, an out- 29 standing warrant is supposedly never served until its validity is confirmed' 30 by the "responsible agency." It is standard procedure, in other words, to 31 confirm that the warrant is still active before any arrest is made. - 32 (4) 1 16. Claimant is unable to determine whether his arrest stemmed from 2 error and negligence by employees of the City of Morgan Hill, from error and 3 negligence of employees of the City and County in not recalling the warrant, 4 from error and negligence of employees of the County of Santa Clara in 5 failing to de-activate the warrant; from error of the P.I.N. system or error 6 and negligence of the employees of the Alameda County Data Processing Center 7 responsible for its operation; or from error and/or negligence of some other 8 agent involved at one of the several levels of warrant recall in the Hay,area 9 law enforcement network. 10 17. Claimant could determine this through discovery procedures to which, 11 however, he does not have access short.of filing a civil action. Claimanb 12 therefore requests and demands the parties defendant to determine the res `13 ponsibility for the damages he suffered and compensate him therefor. 14 18. The damages proximately and actually.caused Claimant by this negli 15 gence and error include: (1) false arrest and imprisonment, and deprivation 16 of his constitutional rights thereby; (2) loss of reputation'before his 17 friends and community; (3) humiliation, embarrassment and mental anguish- suf 18 fered attendant to (2); (4) apprehension, anxiety,.and mental and emotional 19 upset caused by fear of losing his employment and of the grave hardship which 20 this would wreak upon him and his family; (5) loss of timer physical and. 21 mental hardship, and expense in round trips from Gilroy to Visalia and from 22 Gilroy to San Francisco. Claimant demands that the parties defendant or any 23 party or combination thereof pay him the sum of $1,000.00 in compensation for 2the aforesaid damages. Cumulatively and independently Claimant demands dam 2e5 'ages in the sum of $500.00 from the City and County of San Francisco for the 26 intentional, malicious and unlawful interference by its employees with Claim 27 ant's emotional tranquility and further losses sustained in the wrongful with 28 holding of his damages. 99 19. The allegations of paragraphs 3, 5, 8, 14-17 are made on information 30 and belief as are all statements attributed herein to persons other than Claim- 31 ant or his cousel. 32 (5) 1 20. Answer to this claim and demand, and all further requests £or'infor- .2 mation, should be addressed to claimant's attorneys at law and represen= 3 tatives, Don B. Kates, Brian Paddock, Diane Delevett, 22 Martin Street, 4 Gilroy, California, telephone: (408) 842-8271. 5 DATED: November , 1968. 6 7, DON B. KATES, JR. AttorneVfor.1.` Claimant'_ 3 9 10 11 - 12 3 13. 14 15 16 17 s 18 19 r, 20 21 22 23 HR 24 r 215 26 27 28. 29 30 31 (6) o a T rZ wacio CITY OF MORGAN HILL . s" POLICE DEPARTMENT wuw\t• ' [oat wo wuwt. 8.16-b3 7: AM ARREST i DISY=014 REPORT uGT,w.re .n.sr rww.[ wit at<M wrtw toe.: ua wYrtq o. 6-16uwa" are or on¢c.r.S COATREROS, Manuel Acosta I . 18 Sept. 3� 460-48-3624 2:126126-16-57M ❑«• [• 4(. ' wc.c'..tc\ico ! .tKtiw..r►�Ctt .[V r.[r.-. �D.T[ trc.ttuico ato�L '.5�. 1 rry :6:45 101 near 3ernett (Y.adrorb) Baxter Prot 8-16-68 AN Wit. o.ic - cwaoc I n..,ecw. wrc aYnatoow 8_26-b8 arrant 21656a CVC 1 Baxter w.cc ❑a...wt\r•awwtu......iwo wr rr w.o cty wat tcw co�ot�\.�mr. �r : C�Tutwtw► .wrcc; naw Cj onia 15-6 l U5 'B11c Bra I N8d (��.w �tw._r3 =Z None ' L- nnCYMT,Dw ..I Larado, Texas 11218 W. Buena Vista or 333 Buena Vista Visalia, Calif. wirtwncwc,wo it ry utwww. .00 c\\ '" cm' '� Maria Contreros I Wife ' 2= Buena V 14 Visalia; Calif. ..tu.,:nWT,.�C.T�Ow,^tc.s.t."a" . —IT".R.TYt j extensive burn scars an entire richt aria, chest and stomach. (3-- 13 , ; :'t orvotcco' I [wlC�t Y.tn f f.p\i[w nr VtwlClt, - - 61 Ply 4-Dr,SW Wt FVU33 I Parked at Sanchez Auto Sales upon request oP owner. cawwcrnwt,[so,i. _ YMD Citation 133329/ '--1 t[rotr wort[. - � ut[or wiow.�.crotr � T�nc or owo:w.�tcrott I- o[n tt.orrwt "-� Observed the above arrested subject drive a car (vehicle mentioned above) out of the Sanchez-Auto Sales lot in Madrone onto 1S iwy 101. He then backed the vehicle-back onto the car, lot and sat for a pe rior of almost five minutes. Suspecting,a possible 10851 CVC in progress I advised radio of the situation then contacted the above-subject. The subject advised that the vehicle he was driving belonged to his however ha had no froat licence plate and no registration or proof of ownership. He`stated'that`Mr. Vivian Bocenegra the 2Sanagar of the Car Lot hae,e ven him permission to sleep in his vah ,. _ 1cle-on the car lot. The subject was then cited on !dtPD Cit. #33329 for 4454a, 5200 CYC (No 68 reg. in veh. ) and (No front licence plate)." ,1 Contacted ::r, Bocanegra who confirmed that the subject did have his pormissiboto sleep there;a23o that the vehicle did not belong to the Car i0t.':1 check-for wants was rin on the licence plate which came back no wants. A,check.vas then run on the f; subject and it was lea.^aed that an outstanding warrant was held by'the Sheriff's Office for the subject. The warrant was confirmed and the subject was then placed under arrest ` on the authority of this warrant and advised of his rights as per:department policy He was then transported to the station and booked. A t; The subject was allowed to make a telephone call to the "IS Taxi requesting they E. respand and contact.Mr. Bocaregra and request be respond.to bail the subject out. Warrant ,22874 Viol 2165U VC Bail $40, &A},8 Sep 67 Sac Francisco PD. . 3; J.L. Baxter 23. ,.i Received Frac' \\ \ \\\\\\\�•:� SAW S"IPM Wo PURCLUSERS,REcon 200 302 54 . RFi•FA xo ms humaFRt . ; OA7t � •••� ..�,_„�_,�. •" iOR PROMPT SFRYICEAy To �• _� � ' . r NON-NEGOTIABLE' t' AMOUNT- r'�i;!ri1«i��pN�oI'ja"r�'t I7�A�`k.,»'I�,f ;,Q1W�; i A� ub��� -� ��°EII«� l,..,E li ""r"+.P'�""+j+.w.�•.�j„yw�"'0"'r"'"�R�l �Z ��"']�4'�''� f r �_. E ; .' +w►ti.r...rrnrwr..�...r R.+�+w A,Yr»i'"'....jw�.+.i.��www�«r,..,ti i ,1 ,i o 1 PROOF OF''SERVICE..BY MAIL STATE OF CALIFORNIA ` $ COUNTY,-OF SANTA:CLARA } ss' v I am a citizen-of the United.States':and a resident of t6f 5 county`aforesaid� ' I.am over the age:of eighteen years and not 6 a party"to, 'or possessed of:any iinterest'in� the claim attached 8 eretw my business address is: 22 Martin Street, GilYoy� 9. California. On Novembet, 1968._I served the within .Clara for Darages 11 Pursuant to Government Tort Liability ACt oa the Boards of SL�pervisors..& City.Council as herein stated by.placing a`true Copy: 13 .hereof enclosed in a sealed envelope with postage thereon fully repaid, in the United States mail at Gilroy�-Califosnia addrosNd: 14 s follows: 15 16 Board of Supervisors Hoard of Supervisors County_;of Contra Costa' County of-;Sol, 1? Rictiaorid, California Vallejo California 18 I ard•of:Supervisors. ;' Board of 3upervisozs county.,of-Santa Clara-... county,..of San Francisco San Jose, California San Francisco, California_ 19 Board•of Supervisors• Board of Supervisors County of San Mateo County of'Sonosa Redwood City� .California Santa Rosa,.;California Board of:Supervisors Board of Supervisors county.of Alameda County of Marin Oakland,;California San.Rafael�"Caiiforata 23 80aid of Supervisors City Council County.of Napa City,of Horgan Hill Napa California25 ,,organ Hi11� California` I Marina Fontanilla certify under,penalty.of perjury that tTN 26. oregoing is true and correct. 27: Exeeuted-on Novenibzr 1568 at Gi.lroy� California 28 29 30 - 31 32 5�: 1. Fel,, 4}3..• t•k• r�"^S.,c`d''c", ..f`?-t,�y.t-`.xr rc�" "k" 9 p 2-r+j,S n.si<7."=t....Fa`q yffla• - s + r r rosy � `�t ,, �i " . , �' �y .-`�'� l4�y„�„{ 7_ r if + �yry ,; - sK'k,,t .. 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O U F i 7 ' x `�- id :4. � 4 1 ,LZ; F11 - r_ o �, ` _ - v v 1 a Z Yd. g r _ �•�ir :�t�3 a .j 1 % r1 7 U ` < S x'57i�.A y x XYa I V _. 1 _ -xL . a - -: 1 = v ?y, „' ^.5 .11 X rt 3 ` ( R' iil £S _ sr � i. r`stS` t �t;��1 ff �_ yt"t �• -1 #Gr �'t �r cf ,.c !" l� sx�a f ?� n i ��,��r 4L'a - ��x?pt.'rh1. x "#t A3.. -r I } v. - ., r £ z•F S� 4 T�� aiY 3 + '"... ] A ♦ il 11 i rpt!'-.� r ac+ t K�•, t .f" .r�^u. I. -^r t7 r' 'i x t L>•y'} S c?. tar - - t �.1.?..3,, rt rrvlh i F _ I. 1-- - .L'h p v a K 3 } I.,, l� T L ' x�u 'slcti. - n .17 .. - .�: .� .-K - .:-. . .. r r ❑?i' .. CONTRA COSTA COUNTY CLERK'S OFFICE Inter - Office Nno Date: xona■ba!�0, 1968 t To: District.AttorRtay Fra: oeraldins`*=son Seljeet: Institution or suit spirit the adversity'o� aalstorrAsa D1TiK Club aad Jar. jNitolrll.. a attached latter.traa the ssobaoaeA rim Di>iRod saes Cjtarators:AssocLtion teas listed an'the No�■bs! ot'tbs,Hoard'or Dipertisora.. the Uttar me accepted as "intolwstie ,11111 be lloard . Cb with a: anotion lraa tlr Board airaaa that yawa!lSo osaa adriM the •ssiation as,to tin "prasant status of for aatiaa. r { t r - o.o labile Works Director. _ �k 3' i 5 I GARRY'GROVER • 114 BUCHANAN CIRCLE • PACHECO, CALIFORNIA 94553 • .666-2234 November 7, 1968 Honorable Board of Supervisors Contra Costa County County Administration Building ` 3 T: Martinez, California Gentlemen: The Buchanan Field.Fixed Base Operators Association wishes to express their approval and appreciation of. the Board's action in directing the District Attorney to insti- tute suit against the University of California Flying.Club and James Mitchell. We trust that suit will be instituted promptly and request that we be-advised of the present(,sta- tus of the action. Very•:truiy,yours, BUCHANAN, FIELD FIXED`BASE-OPERATORS:: ASSOCIATION oe i Garry Grover '/t, � Secretary-Treasurer ` µje CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements claimant:` CHART-In ABAR Address: 345 Pinola Avenue, Rodeo, California Attorney: Amount: $100,000 Date Filed: Novesbar 12, 1968 By delivery to Clerk bX Mr. Aber _ By mail, postmarked' I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention-Chief Civil Deputy Attached is a copy of the above claim. Is,it euflicient and doe a it comply substantially with Government Code Sections 91��0.and.910 23. " DATED: November 12. 1968 W. T. PAASCH, By g" eau y " II. FROM: Office of the District Attorney T0: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections: ( ) Board.may not act on claim until 15 days after _. notice is given by this office; ( ) Do not file claim, time limits have expired. x We recommend referral,to: ( County's general insurance carrier; " (( Other insurance carrier; District Attorney. DATED: C e JOHN A. NEJEDLY, By pu y y IIL .FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business Services Manager - (2) District Attorney, Attention'Chief Civil-Deputy Attached are copies of above claim which was RBJECTED by i; the Board of Supervisors on Novembst 19. 1968-(copy"0f Board Order also attached).., Fiesse rorward,tals claimto the County's general insurance carrier .(or - ) Claimant notified of this action per Govermen . e: c 969,and tion 913 an Noss■ber 19, i -memo thereof: filed and endorsed on c , per vernment Code Section' 9703.: .. DATED: Nov. 19, 1968 W. T. PAASCH, By IV. FROM: (1) Public Works Department (2) Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: Nov_ 19_ 1968 Public Works, By U DATED: Nov- ig, 1968 District Attorney, By epu y DA-81:1M:4/66 November 19, 1968 Mr. Charles Abar 345 Pinole Avenue Rodeo, California Dear Mr. Aber: Enclosed is a certified copy of a board order adopted on the above date, ,denying your claim which was filed in this office on November 12, 1968. Very truly yours, W. T. PAASCR, CLERK' B yDorothy Lazzarini Deputy Clerk al Enclosure CHARLES ABAR 345 Pinole Ave. Rodeo, California Propria persona CLAIM FOR DAMAGES TO THE CLERK OF THE COUNTY OF CONTRA COSTA, CALIFORNIA 'This claim is presented by CHARLES ABAR. The ppst,office address of claimant is CHARLES ABAR, 345 Pinole Avenues Rodeo, California,and claimant desires that all notices respecting this claim be sent to said address The.date :and place of the transaction giving rise to:this claim are:; August 9,1968; county area proximate to the city limits of Pinole; California, more specifically referred to as Block A-Bay Villa,"California On or about August 9, 1968; I was caused to be, and was, falsely arrested :? andAmprisoned by Sheriff's Deputies of Contra Costa County; D. Mays and Deputy Robertson, in uniform and during-their dutyhours on my property hereinabove mentioned. All of which conduct caused me severe nervous shock and inlury.to my nervous system and person, loss of reputation, andiniury pain and disability to my body, and continue to cause, and will cause in the future gregat pain and suffering.' The amount claimed as a result of said conduct as of the date of presen- tation of this claim is $100,000.00. This figure includes,amounts for prospective injury, damage and loss which is unascertainable by me at this time. The basis of the above will be determined when the expenses,for medical treatment to be expended in total, and loss of income, is determined by me.`The above figure of$100,000.00 is a reasonable amount for such a general'dernand. DATED: November ii, 1968. CHARLES ABAR Claimant L�81RVISOR1D.P.1y November 20, 2968 Pettis & Brott Attorneys at Law 703 Central Building Oakland, California Attention Eugene E. Brott Gentlemen: Enclosed is a certified copy of a Board Order adopted by the Board of Supervisors on November 19, 1968, denying the claim of your client Hy-Ex Company, which claim was filed in this office on November 13, 1968. Very truly yours, W. T. PAASCH, CLERK B y Dorothy Lazzari Deputy Clerk d2 Enclosure CLAIM AGAIN/ST COMM COSTA COUNTY Routing Endorsements Claimant:, , BY-EX CaMPANY t. Address: 156.Timberline Court; Danville,- Calirornia Attorney: PETTIS & HROTT, 703 Central Building, Oakland, California Amount: $42,950.01 (plus interest) Date Filed: Nov. 13, 1968 By delivery to Clerk By mail, postmarked tisk �- I. FROM: Clerk of Hoard of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient and does:it. comply substantially with Government Code Sections_910 and 910.2? DATED: -H4e- 13a ice_ W. T. PAASCH,;By �L'i l "Deputy II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections: ( ) Board.may not act on claim until 25 days after notice is given by this office; ( ) Do not file claim, time limits have expired. >( we recommend referral to: ( ) County's.general insurance carrier; (( } Other insurance carrier; District Attorney. DA'Z'ED: //- /y.. G f3 JOHN A; NEJEDLY _ Deputy �! r .: III. FROM: Clerk of Board of Supervisors TO: (1) Public works Department, Attention BusinessA Services, Manager (2) District Attorney, Attention-Chief,Civi1 Deputy. Attached are copies of above claim which was REJECTED.by ' the Hoard of Supervisors on Navaaber 14.-146$ (copy of Board Order also attached)._,r1eaae. forra s claimto the County's general insurance carrier (or }. Claimant notified of this action per.Governmen e, e- , tion 913 an November 20, 1968 and memo thereof;filed;and endorsed on cla"3`,-per vernment Cod Sec on DATED: November 19, 1968 W. T. PAASCti, By Dar _ pu Y- IV. FROM: (1) Public works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement//III. DATED: Nov. lq, ]g68 Public works, DATED: Nov. ]q_ Ig68 District Attorney, DA-81:1M:4/66 PETTISSBROTT - ATTORNETS AT LAW JOHN A.PETTIS.JR. 703 CENTRAL BUILDING - EUOEMC C.SROTT - OAKLAND.CALIFORNIA OASI2 IME . HOIrARC C.HALL TELEPHONE 834•4L30 .K N.-CEI(�/�� . 1-YD November 12, 1968 [,,!llf 1B iSEB W.T.TAASCH OARD OF SUPERVISORS CLERK B Clerk, Contra Costa County Board co. of Supervisors Martinez, California Dear Sir: Enclosed please find Claim of HY-EX against Contra Costa County Board of Supervisors. Would;you please file the original and return an endorsed copy in the envelope enclosed. Sincerely, B/g:Enc. EUGFPE E. BROTT S I PUTIS .k BROTT 'LED. Attorneys at la: 2 703 Central.BuildinE NGV 13't35 Oakland, Calif: 94612 3 Telephone 834-4230 W.T.°PAASCH I-L..K[i0 RSA OF SUPgRVi5CR5 C -. RACO5T�''t:0 4. $:' oeyatY 6-CLAIM FOR MONEY DUE �,.. $ TO THE CONTRA COSTA BOARD W SUPERVISOR5•and THE CONTRX.COSTA 9 COUNTY STORM DRAINAGE, DIST RICT Z6NE ;NO:';10` 10 ll This claim is presented byPETTIS BROTT, ,Attorneys,; 12 703 Central Building, Oakland, California-94612, on beha3f of 13 HY-EX COPD?ANY, 156 Timberline Court, Danaille, California The 14 Post Office address of.Claimant is c/o"said attorneys and Claxivan q' 15 desires that all notices xespecting.--thi's claim"bersent.to said; 16 attorneys. - 17 The date and place of the transaction gavxng rise to thx 18 claim is June 13, i1967 at Contra,Costa"County, California 39 At said time the Cantra`Costa County Board of- 20 f 20 as: the governing board of Contra Gosta Gounty Storm Drainage Distr 2�- 'rict Zone No. 10-entered into a contract with Claimant herein 22 Claimant has performed all of said-work to;<'be performed under contract, and under change orders filed pursuant'to said contract 24 .Said contract refers to work on that protect described by the 25 Contra Costa County Storm Drainage District as Project No ,35 I0 26 3, and further:desc'ribed as Line B,'San Ranmon Creek to Verona 2? st Avenue. i 2$ The amount claimed as a result of :saxd.trasaction as of v 29 the date of presentation of this claim is .$42,950.01. 30 The basis of the'.above computations as follows Total 31 labor, $28,374.38; 15% taxes and insurance,' $4,256 16;,20E mark ujit' 32 $6,526.11; Total materials and outside specialty orces, $42,964 9> 4F 1 15% mark.-up, $6,444.70; totalequipment including outside;rentals t $ $22,176.32; 15% mark-up, $3,326.45; :representing a totalcjob- of $114,068.81. 4. Payments received previously total,�$.71,118.80; leaving 8 a balance due of_$42,950.01. 6 Claimant further claims interest on'>said ,unpaid'->sumscfr✓ 7 the date of completion of said work. . 8 DATED: November 11, 1968.. 9` 10 PETTIS & BROirT 18 By, 13` EUGENE E BROTT 14On behalf'of,HY-E& COMPANY lb s` 16 17. CERTIFICATE OF MAILING(S¢c.3013a(2)C.C.P.( �n a nIQ a annl•a n 1 nl - h rin•sl I e or - 18 C III rnl•;not o rir fo lb wl nl coon,ana n se hwlne atl as h: ,Room Tel ce I I em`._Oawf a ti C,1111 lh t h M•true copy of 1h /rtQolnB tl t Oy 11 MD1_In[ 19 ope.atalin,.fully utparinQ pot h en a a1wa1f• i -, 1//Q aa,tl tnveloH 1n//th--e l.ln,lt d Shc•s Mall.e�yt✓0 xranA,Cel fprnla,pn IM - „• 20. L.Y../Eay ol..../ 39��i a+b•nrtloyt w4 _ a0 areaa•0•f bllewL• - 1�� 1. Clerk, Contra Costa County Board.of Superviscim,martinez,Ca. 2. ' Clerk, Contra Costa County ,Storm Drainage District Zone No•,i% 10, Martinez ,`California. ' 24 25 28 $7 UGENE E. BROTT .28 . 29 ,i ao al as y i .� C1 O 11'�i9 ! ro m 'ro � ski /--'N N l y w U- U N O C. U 43 i0 $4, N iC U ti = i6 u e Cf) W o : IL `o a CJUWY CLMK'S OFFICS Cammk COSTA CMM Inter-Olfiee hm* DATa: 1f•wbw Too Office of the District Attorney Mgk; W. T. Paasch, Clerk n sU mms Action No. of the Superior Court of the State of California, in and for the County of Contra Costa, e - 0 ll - ; r*�*N*t*ff***fr�eisst,t+yrs:srsi�stsfsfstr*��ss��*������sNs�t� Attached is copy of In the above-entitled action. i, Received copy of above- a�aoned now•�j✓.Ibig _. day of � 6 for the bl• is e! u Attorney. y / 6. lbt�• 8.4 In the Boord of Supwvkcirs Contfo. Coda C0unty, State of C Warnia November 6, M do Abovar of Authorizing Compromise of County.Claim in the Action Joseph Fanderburg v. Dabl,et al., Superior Court No. 106,993 Upon the recommendation of the County Lien Commlttee,'ZT 13 BY,-THE BOARD,ORDERBD: That the Auditor-Controller is authorised-to accepi lidRTZ-SEVEN THOUSAND and 00/100 DOLLARS (#37.000.00) in co:apramise of the County*s '` clais'in the Superior.Court action Joseph Funderburg;v.;Dahl, et`,al ' (No."106,993) and the District,Attorney is authorized to'execute.'a release of said claim conditional upon payment-of said sum.` , Ike foregoing order acs passed by the following oto of..the Board:. SSS* supervisors J: P. Remy; Jo 8: Moriarty, A To J. ColliAi M. Man' 1i0SSi XOnlf. . A&MWi Sapardsor S. A. Linsoheid. PWB:pk: !oweby cardly tow ion iorp g is o trw and as *d ospir of condor aolrrLd aw Oto mio to of said loved of Suparvirors oo ib does 06-4604 sot District Attorney {2) Wiese my y bcod cad A Sad of too ioord of Administrator Auditor afford tidy 6th dop of Noveaber_.tgyy 8 W.T.'TAASCK Clint .N\ i" DISTRICT ATTORNEY'S OPMCE Contra Costa County Martinez, CaliforniaOatabe�8.,1 6688_ TO: Board a upervlsors cJo J''P. cBrien, County Administrator �.; MR: John edly, District Attorney SUBJECT: Pro ed compromise and settlement of county claim for medical expenses; Punderburg v. Dehi,,et a1., (Superior Court No. 106,993) This is to request that the attached resolution for,aompromise and settlement of a county claim for medical expenses in the subject astial, be forwarded to the Board of Supervisors for'approtal. The claim, in the amount of $76,756.69, represents the;cost of;care' " rendered to Joseph Punderburg by the County Hospital iron June 239 1963 to October 22, 1968 for injuries received in;an automobile.. accident. The amount payable to the County. in the proposed compromise,'' and settlement is $37,000.00. This settlement was negotiated with the attorneys for Punderburg as part of a larger settlement in which four defendants-agreedt*,pay $100,000 to the plaintiff (Punderburg). fihet County's alternaative In the;absence of.00mpromise would be to sue. independently"to:recover : all or a portion of a $50,000 fund payable by two":of.-the.four defend . ants. The prospects of recovering an additional apount from -the : Other two defendants are nil in that llabiiity".for"negligenae.cannot; be established. -In view of the.uncertainties-involved-in::furtber litigation and the difficulties anticipated In attaching:the :50,004. Insurance settlement, I believe that the proposed eaprcaise is 3n the best interests of the County. The settlement was negotiated under the superrisiod approval of,Judgo Rothenberg. JAN-PYB:pk Att. _ : s r.v t _ . r In the Board of Supervisors:' of Contra Costa County, State of. California x May q> In the Matter of # Authorizing Settlement of T14 County Claim against firs. :L•'velyn Bendall. :1. As recommended by the County Lien Committee, and on ` motion of.Supervisor Coll, seconded by Supervisor Linscheid, IT 1S BY THE BOARD ORDERED that the County:Auditor»Controller- is authorivod: to accept the sunt of (iftP200 i.n full`'oottlement of.county elnlm 11giAltuit Nrl. Evolyn Kondall in-tliu nntoutit of Y The foregoing order was � passed by the follauxn�"vote of the Board: AYES: Supervisors Thomas John Coll,•Edmund Linscheid,.James P. Kenny.. MI.,S: None. Ts ABSENT: Supervisors Alfred PI. Dins; James E .IToriarty ! hereby certify that the foregoing is a true and correct copy of on order entered ori tho minutes of said Board of Supervisors on the date aforesaid. cc: Auditor Witness my hand and the Seat of the Board of Administrator Supervisors District Attorney' affixed this,"_J.rd_.day of Irlaq ,Igb b W. L PAASCH, Clerk By, nratlaa-taa. Patricia A'. .0sborn . y;+ ti DISTRICT ATTOAMIS aFFICB Contra Costa County Martinez, California October 28,'1068 -Date T0: Board o upervisors g/o J P. cBrien, County Administrator FROM: John edly, District Attorney . SUBJECT:_ Pro ed compromise and settlement of:county.ciaim for medical expenses; Funderburg ♦. Dahl, at.al.; (Superior Court No. 106,993) This is to request that the attached resolution for.compromise:and - settlement of a county claim for medical expenses in the subject action be forwarded to the Board of Supervisors for approval. .. The claim,.in the amount of $76,756.69, represents the.:ciD,of care: rendered to Joseph Funderburg by the.County Hospital_from June 23, 1963 to October 22, 1968 for injuries'received.in an.autcjWbile accident. The amount Payable to the County. in the proposed compromise and settlement is $37,000.00. This settlement was negotiated with the attorneys for Funderburg as part of a larger settlement in which four defendants agreed to.pay. 3100,000 to the plaintiff (Funderburg). -The County.*.a 'alternative _ in the absence of compromise would be to sue 1ndependently,to recover all ora portion of a $50,000 fund payable by two of..t, h&."fcjjr1 defend- ants. The prospects of reentering an.additional'ambunt. frca the other two'defendants are nil in that liability for negligenc>eannot be established.' In view of the"uncertainties Involved'in'further. •: litigation and the difficulties anticipated In'attach, Sng the $50,000 insurance.settlement, I believe that.the proposed aompramise;is in the best.interests of the County. The settlement was negotiated under the supervialon, and has the- .approval'of.Judge Rothenberg. JAN-PWB:pk Att. - =u C_JUNry CLMK'S JFFICS COMMA COSTA COUNTY Inter-office`Pfeso Das- ATOotober 11;`.1%8 TOs Office of the District Attorney palms W. T. Paasch, Clerk 9WZCTs Action No. 111_990 of the Superior-Court of the State of California, in and for the County of Contra,Costs, EVSLYN HEIDT CONTRA COSTA COUNTY_ at al. Attached is copy of Summons and 5"Allnt :ia tM above-entitled action. Received copy of aw- mentioped goeltisssRs.:tW clay'oi 1 6 ' tat tlyj s. �C -66-12-500 lose 8.4 F-� In the Board of Supervisors of Contra Costa County,.State of California M the At~of Anthorizins District Attorney to appeal Superior Court decisloa in the case of Nartin vs. County. et a1. No. 10771& on notion of Supervisor J. P. Heeup.'.seaoMed bp:'Saperzisor T. J. Coli, IT IS BY THE BOARD OSDEM that the District dLtosnq is amthorlsed to appeal Superior Court decision In the oase:of Martin vs. County. et al. No. 107716 (Deputy Marshal;Anifoaa.A11ouense). :, as;reoasiAoded by the County Personnel Director. .the Count$ Admirals tratw. and the District Attorney. The foreWsaa order was passed by the follow"K.tots of the Do@"& AXW: Supervisors J. P. Haney. J. Z. MWIM0 T. J. Coll. A. N. Dias. SM: None. ABSWs. Supervisor S. A. Linsoheid. _ ( hereby "'••••7 tFat foregoing is a tmw and mead COPY of anorderMMIed an dw ahmAu of said Board of Superwbon on tl»dab aforesaid. ea: District Attorney Witnm my hood sed the Seal of dr Board of . Administrator S"p°`."°`s Personnel Director affixed this 6th doy,ofNooember 1fb 8 W.T. FAASCK Clerk By I ply Clerk N IF7p►ION _ £ i' Ciumy CL=K'3 OflIC6 CMUSA Conk Caulm Inter-Office Memo nr�rBs TOS Office of the District Attorew, " LPAQNA It. Z. Pansch, Clark 9uwwrs Action !b. 13056 of the Superior Court 09-the State of California, in,and for the Ownty'of Contra 030ta, william R. Livingston' vs. Richard M..Jacobsen Contra s? Uosta- y, fffflfllff!!!!!f!f!!!!!!lffflfffftfff!!flfflNfffflflffffflf:; ' Attached is copy of 3u�ma-Red Ceaolaist:Per, Personal Ininriea ;: in'the above-entitled action. Received espy of,=avow- ,. sentioatl.doonasnts tits'. - fbe'tIw l►ttornsy. ,r• "-12-S00 raswi 8.4 s •,• (j'�'`1y' • - OFFICE OF THE SHERIFF CONTRA COSTA COUNTY WALTER F.YOUNG - MARTINEZ.CALIFORNIA Oct. 22, 1968 Honorable Chairman Alfred M. Dias Contra Costa County Board of Supervisors Martinez, California Dear Chairman Dias: Summons #111,983 in the Superior Court of thea` State of California in and for the County of Contra Costa has been served naming me as a defendant in the case of Kenneth Bernard Harrison vs. State of California;- County of Contra Costa; City of Martinez; City of E1 Cerrito; P.G.&E. Company, Walter F. Young, Sheriff of Contra Costa County, etc. Accordingly, under the provisions of the California Government Code, Section 825 and 995 1 request that legal defense be authorized at county expense. Ver o� , p1.C� W YO .1G, h oroner WFY/hva Enc. CC: District Attorney John A. Nejedly RECEIVED OCT 23 1968 W. T. PAASCH CLERK BOARD OF SUPERVISORS NTR OSTA . By Op�Y �1 ..�:,�.�....•�.....�...�,�..�.) tr.re>t.twftrwdat■ea.ktattl' . ARM. it•f;-tililf AND 110-RE h' • ' S:uTa 301 Pins 9aa Datta Bldg. Les. 34fa St. aandaw,p hlllbralm, AgWiu i • IN TDDE SUPEOOR COURT OW=2 iTA'R AW CALW41 MM, W AN1 Ma TES COUNTY 0/COPMU COWA i JM3:4s BMUKM HARMON i" PtabsitlTs► f' STATC OF CALEFORMAJ GdWW ft' C011"MA CQUI ks c1TIr OF MaTrial CITY w Im GampD: j (. P•O•'k8•C:)J1rA1iYt VALVA Pe YOM; WIMVP. summons; .: OF CONTRA COSTA COUNIZZY8 JM-ir ub.55i, CI OIC PuLicu or = CITY OP ffANTlif'rZool"MT E OIfLW OP POLICE 019 TIM MY W M 1 + i : • i an on, N owt . I•a 4ttre '� THE PEOPLE OF THE STATE OF CALIFORMA to the above oamcd -DdsiaNpl You are directed to file wkh toe elect of this-ad in which the akar etrlitfai`.aetios is beasgltt a written Pleading is response to the_ eaepI ial wMids hs dopa attic Oft aervkw w ps of fila samaaose,H my wMYs the above nammad aaotWit'sliois fifty dha M oonei eloawiesa Incept list Y toe action is against the state paaasaaf M Section 73LS of toe Cede of CWH Pmeeisra.Oif)tis 1410 4174 Tod acs Odin"toot sulas poor files wrYles eeyoadw pMadisg,the plaistitgs)wN take f sdgmeat fw aq AMosep w daisages dsasdod is the ewmPdsf,a arliag Was astract,or wW appy M On cosh ter aq gloat 10"it i sseaiN in do asapleiat i r {iiAy. you a"oak flee aids of m atMra 3 mow saw ' •� .Canada wiOt tie eawptalat R tits worsens 1Mei r; :- ..'� : .. . attorney atwii De tesaaNsd wYkits tie fisc Ilsalt atslai • : •fa'sk atsasuse for fig a iaiYss pining to at � eMAPNIOL w.'T.PAAWK Clerk:. Ont. 941 L90 Doted By. Dl. Df• PNICCO Ow"Clark t NOTICE TO THj PERSON SERVED(Sea.410 and 474 C.C.P.k Yw'an buMy eaawi in aka wMiia acdom(or ; prsaedittg)in each capacity coecked bebw. j ❑ On behalf of pen whom the summons and a copy of foe complaint Must keservos N 0OW unke agdsat Uid.psrg saiwsaiw .. the provisions of Code of Civil Procedure Section: Il [3 411(1) '(as against a domestic corporall* -❑ 411(1) (as against a foreign weporatioo,or sosreddoat joint aleck CNWW er sand"%doing bull, [ ness in this state) i' ❑ 411(2.1) (as against a partoenbip or other ugiscorporated mo@ddi y j ❑ 411(22) (u against a foreign partnenWp) ❑ You ace also served as as individual ❑ As(or on behatf Q the person stied wader the fictitious name of .' aafikd:luthe .kulwmd wia•�vaart�wsh«ir•d•!snit uauc�ia a~irrYllei.�.87.tto Nk n I the avaaatr fa•. t f ` j Ione fawn•tdis ter Hrw[tti atttvlr) � surssOws(CsavrsU carr tsar.t►..an•tr,aa!it6 wt,a.,..r. � aal•t/M-ora �. i I At=, no= Suits 101, Pim Sebe amok aL4S. ' $ lags 3.14!1 Stew! Sas Laedre, Celiloesia 3 352-0730 • ' #tt.raepe eee sl:icul OCT COMMA COM AW a Sim OOOA't of m MRS or MwomMia I 9 i POR m Cmwv or CO!!St Om a i 1G 11 XXL S 333 ta33LSOt, ! 12 13 14. STATE OP Chl.UVRMt.COMM D:+ com"A D POR MvAmm : COMM COSTAL CITY OP ML9=lNr3t As PALES 711- 16 CITY OP EL CEUMS P. G. i E. Co:v"%LYt 101LT••.R P. You=. SIMPM Is OP c=%% COSTA CO'JC yt JEi.a2Y 9A1RREtJ, CHIEP OP P ?,ICE OF T3E"CTPY 17 OP NMWI =o =MW S. 80:7IrW. OR I==OP= CM O? EL=R1TOt , 1 1a nee cm to 003 SL1Cm, isalvsi.e, i f 19 Defendants. �` 20 1 ;ldstill alleges. ',. 21 E22 T1at plaiatuf door sot at this thio hsow the ts1N Wars j r 23 at oaptcitiN I"tter idiiith", .Onspoeate, amom"to or otbesWise i+ 24 Of deleMaats, DD< an to m SLt'1'Y, "Cu"Ve afd;°plaiatm tbere- ;I ' 25 lora saes MW de/eadaats by soft llftitisoe memee. Plaiatill U i ts lslosmed ad believes am tharem shags that aafl of the 27 1.4e819sabd beroia as a on to rospmshhia L some rttser hoe the 88 affronts and bsppsnittys bsraia rKorrad to aa4 WlIftUy sad MlanlslU 89 Canwd 7f sad damages froU aatelr to the ptoirtitt ae bsriia allayed, am plaiatlll Will &a lonve to emed bis ooaolaiat to :. 31 their sad mp=Lties Whoa the same bws beam aefostal"d ANgN.MOOMat a"gem ' �' wive w.n..r www.wmar •t r.�l � 1 f i and to include appcwtale charging allegations, 1 a 3 at all time berals santlosed the dafamdeat ar 1. 4 COM vee ad acv 18 a'politloai aandiwLlaa of the State of a Califsaala. !' a ISI r 7 at all tines hereln mantlomd the defaadaat cm Ar I s IQA' ms was ad smr L a saaicipsl aosporatlem,organised and aslst- t 9 ip coder aY bf a'iitoe of the Lars of the State of CalUbraLa. 10 ..,.;v li at all tines heroin mentioned the defendant env or sL iz C=R=o was and acv Is a uonlaipal oospoeatloa organised and is ceder and br vis-two of the law of the State o! OdUbeda. at all time herein mentioned defendant t. a. a a..Coopamr �• is was and acv L a public otIAt.3(..corposatlos ongaulsed and axlsting 17 br vtrtw of the Lara of the State of Califaenla. 18 VI 19 tlainttff Is iafasaed and beliefs and thereon alleges 1 20 that at all. flame besets aoatiaad defendant VAIM t. YOM was Ow ai dalY gloated. aaallfied and`aatioy sbarltt alt the Or COisl'A1 as .COSM6.8taa of Califosasa. as vu 24 tlalnttlf L informed and bellsmuse ad tlacvom allegestbw ' as at am tins!,herein mentioned dofeadaut Ji M1gsO vas the #ft r' ae aealitled and aatiug Cbief of MUm of the an or MWZM. i' 27 vus i 28 plaintiff ie Informed and bollefs and tbareoa all"" tha � �.. 29 at all time bus"eeationed dofoadaat I==s. NO=was the dol so Qualified and acting Chief of Police of the CM Or EL C=MnO. S t si of Califoeala. . /IYf R■R W■MMYMR.■IRM .. . � - IW.i•MYwW1 1 (. IL Ix, 2 Defendants. aaE ars through D=?W,4nalwivo at all i 3 hon:+sia montiaoed worn a9cats Dad caployG" of the defoadant SUn CP j 4 CAZJFOV!=A and at all times harm;aaaticasd actad vitbia the d and e"s cc their authority as such swats No amploysos. i E e x j 7 Defaadants. DOE EL"-VEM throwA DOa . inclusive at ( j 8 all thea bared- ouatlonod worn ajo and CRAOyess of the 40- 1 9 tondnat COIMTA C09TA COM= and at all times Lsrsia mention" acted 1 10 within the crouse and scope of their s thoeft as sub agents and 11 .nplayass. � 12 DOZ 13 Doleadauts. D= T6,==-= througb/n1wmr. incl sive at 14 all times bareia meatlmod wore agants sad aapioyses of the do-' 15 fondant'CM O! Mt SUM and at all those bereft mentioned acted I I$ vithla the course and scope of their anthoe tY as seek agasts and j 17 aRployasa. i 18 xxx DOE j . 19 Defeadaats• DOE TLLtR19C-= throagq/1tO W, inClnsise at all t 20 Bhaas are"asatio ad vara agmts and'employees of the dolendant 21 CZTY W SL CCRRXTO And at all times bsrala aastioasd acted within 22 the Coarse Dad scope of their Authority ar recti agate and smployaas j 2S xui 24 Defeadaacs. DOE rORTY-0= tbzoo b a= rMM, inclusive 25 at all times bereft mcationod wars agafts and Caplayees of defendant 28 2. G. i a. COMFMiY and at all times bQrsia mentioned acted Within 27 the omm and Coope of their autbority as sub agents and mployeas. 28 xxv 29 On or about April 2. M.S. and within 100 days after the i; 30 data acid injuries wore suntaiuod as alleged ft this ocaylaint. 1. 31 p1alat4ff casesd to be psoaaatod in writi"and t"with tbs. I ...nom. l .nw...roa..cr�reewt r ur...saw w�► 1 3 I � j 1 felLoriag• • `. 2 State Board of Control oft bobalf of 3 tbo stato of California. t Board o4 SaF-svicora of Contra 4 Ooeta County on bahalf of the County of 6 Contra Cocta. rad t:altor r. Young, i �'. Sheriff o2 Contra Coata County. s City Council of Martinez on bebalt of tho City of r:artinos and Jossy trnsrm�, Chiof of Police of the City of Y.arttaos. a city Counail of E1 Co-sato ea bobW of .9 tbo City of E1 Cerrito ead sobort,s. Bowora. Gtiof of Police of the Cllr at 10 El Cerrito.. Richard s. liotorsoa,,soalor vla.-Psoe3deat it and corsoral couos4l, OR b4hait of we s. as. 12 is a vocal" alta for damages sp=Ltyb* the am* and address of the r la. pLaintift as aLiaoat, the date dad plans of the ooaas oot•of wbl& sand lajwbw areae and the eatsat of the tyuriis oar dw ages l f. if zw*Lved by plalftM so for as the sane could be ascestabod at 17 4814 tia4. Co Uyd1 !. U"o defendant warm►C09=><CGOZ r rejected ; the claia at plalatiff end cm Ara 10, ""a Mau"retina of said 19 rsjo&.0 a to plaint!![. Emcb of the other deteadaate am M becois 20 did not aft m flats ats wo*unted by ww psalasiff witbla 4S cloys 21 of fs prosaatatiaa. _ 22 23 On or about rabruasy S. 1968, at ancoxAmatoty 1.00 24 o•aloch 1141.. plaintiff was driving his aotoearal4 an elobar 80 is f 26 th4 dirmum of his how,-wbich w.as at that liar located at 2"4 j 1 ' as foodorosa neiv.. Concord, calif mm". as be aw=adwd the vittobw P- 27 lmrtinos turnoff frm 8Lglaray 80, ho obaesved a 1 -4, with the l 28 nail InM of tbs V. GAZ. COmAA M•following bis olosolr. #A tbs { i r? 29 plaintiff turned on darn FX--Wdin Caayaa rondo the traclL fouGmed 30 Mashing a yellav not to bin roar. llsiatiff, thlohiag.that bi 4fa4body•ad#A,w"b41p stopped, at vhiab tise the P. 0. ac troah .� •waw«.MooNn�rao� 1 t, .r ur.w--••----.mss .. - � - 4 . - 77:- •ww�w.�w.ww ISI Iw wwlwwl wwwllww�I�I�.ww.!w�w .�.�w�'wwwl��wl�lw�w.�A .��w�l���! I. stopped and a am an the pac00050s.aide said. 'stand by, and cue �. C2 male started to get ant Of the drinar•. Olde sled Oleg sea oat Of the �. 3 passonm side o! the track, but neither idaatillsd himself or ; 4 ' indicated to the Plaintiff What the Pnrpoae Of the stOpPileg IQs- 5 Plaintiff bocamo frightcnod, toaring that he vas going to be e j and loft an his motorcyclo at a good sato of spa"with the Intent t i;. 7'I to got to Yla UD= in order to find a policomaa. During this tiara f. the P. O. i se truck pnrsuad him at a high rats of synod and as t h 9 ocpaioa appeared to be trying to ran him dors. ser plaintiff I 4i 10 spnsoachod the area of the votorms aamialstntion Hospital ser �;. 11 gartlaoa• be oboarved rod lights and boliewd that he could obtain 4i 12 help leaps pollee ollteoss* ao he stopped. upas stopping a'polioo i, 13 Offlcer of the city ormartinom said, Got an Of that Ulm-or i•11 c 14 shoot you is the back-. Plaintiff slated that the bile was agoar 15 and that he had to put it into noutral but the olliaer otatcd. 'shat t is the motor off am or R'11 shoot you is the bmak•o at this tiros• 17 dam officers of the Hastima police aopartaaat vita drmrm gaps 18 covasod the platati i1t a camplote soarah was grads o! the 19 plalatM and than ane of the officers as the City o!Martlaos hand- 20 i. aulfe4 plaiatilf's alms bohlad hls.bm*. 21 i PLiatttf w•.s thea takes by the polios o! the City of 23 i~.artiaom to the County Jail, located is Yastlass, sasses,he We 24 over to deputy shesi!!a o! the County of CamW Costa for booleing. . 1 25 Plalatiff was throe placed 1a a call and dotalasd !Oe some boars at 26 which tlma be was taken fram the Call, llngorprlated. photographed 27 sad thea tosaod error to SoliCamen Of the City a n CertltO. Tho i 28 'W]4o = of the City of ZI Cerrito thea removed the plaiotj!! to r' the Poll" Department in the city of lel Cerrito and placed him is a 30 Cell Whore he res hold for a numbor of hours. Plaiatllf'ls infoarnsod 31 and belloves and•tbomoo allcgco that the Callftrala pllgbry/ patrol YWN.MOOMIY�MND wr.t Mr urs j' r.�e.u...w►wn. • j I usod their radio to aloe tbo various otbor, Police Dopartmonts'eco- 2 corned and Joined In tbo chaco and sated in concert with the ea- :I 3 playa" Of the P. O. i S. CM.jr4 t , tbs Deputy Sheriffs of Contra e Cotta Cou"TO the pollao of the CITY (wNMI= and the police of i 5 the CM Cr SL CzRaM in talsoly arresting and lslpeisoolng said 1 plaintiff s } � . ,I ,Nu ; 8 bio warrant for tha.arroot of the.plalutift bad been ' ' e' Issued at or boforotbe tl= of raidarrest and 3aprlooceoat and* . .i 10 said arrest and inpriso=aut ware ualawful and vUboat any comomM b ! 11 or pro2kable Canso and at tbo time of said arrest and 4mmiaomiont ! 12 plaintiff was oagagad in bis lbuful oCNpatien and was going i 13 poacelaliy about bis laW.Oul business and there was not at the time 14. of said accost or a�ciso=aat any amaitmont foe such Impcisoamnt i ,I ! 15 Issypd by any magistrate or anywe 011e is autboeity to make inch 1 i is cosdtmoat is the State of call in* and at said time plaintiff i 17 vas not abacged With any er&d=l offense. ILS XVZII f i 19 Defendants* sad oath of thea, aat3n4 in comoects acreotod �. 4 20 and emood to be arrested and dotainod and falsely impeismod and i.' 21 C,ansad to be detained and impriaaaaad tbo plaintiff%idle purpwtisg c 22 ! to act is tbair official capacity as dopaty aboriffs of Contra Coutsi i 23 Cow*ys'and as poijec...=of the city of bictiaoa and at po33camoa of 24 the City of 8i Cerrito and did na2avfallys foraibly and against the i ! 25 Mill of the ,.pla4-%4 arrost bit and did unlawfallys forcibly and ' ! j 26 against the will of the plaintiff detain and imprison plaintiff.for 27 a period of in esnoas of aL�-teen bouis. Sall accent and JzwrUas- 2e scat was made by the dofondaatasand each of tbaesundor cover of 29 their offices as sheriff and deputy oboriff and as poliaamoa.and Ia 's 3o pretended .44.00 Of of tholr datios as sucb ane said mom-a" 31 bpeisocmoat Were wavogfels unlsfhls malialaas and is violation of. awr ami • 7 .. WDM.MOOMtr�M10� � f I�M.4 MIII RRt i • r.JMO.t MRr♦ . r 6 I tboit dot1o6 a6 abOcsff and dOgotY .Lues!!aed.. polio. Cffsos. 2 and 1NX pada With tbo inteat to °a'► ba . aMW. blriliata 1. 3 and ombwms and snjos6 plaintiff. 1, 5 Said arirst and !W4co==t and Z66tsalut of libostY of 6 plaintiff an aforesaid cmacd plaintiff great shpr"Cal 1 t 7 and diaaomfort. loco of tim fres Jda buainoas, aoatal wlforiag. 8 buniliation of mind, oba=• public ridicule, tavldiow pubUCLtY 1 9 and public diagram all to his loa3 and dmeage In the am of 10 TWEM-P=TUDUS= ($25.000.90) DOLTAStS. i I 11 M===& plaintiff prays judgment $ea the def=dsata. 12 and oaeb ad tbeao as follo•.Ira:f j i 13 1: Coaorsl'd=agca in tbo ane of 05#000.001 16 2. Rw ponitivo in the am of 1250000.001 i? 16 3. !rot Ceata of ani borolni and i is 1. !rot sad► fartbW.,gpd otbor z*LW as wW ssss pages. 17 Did' . . Oatdnc Y. 1968. 18 11>3;�. �088Y i IpORB 19 21 22 �. i1 23 24 �! 25 f I r 26 27 1 � 29 l 30 ! 31 "w ovvww } mom.MOON[1/a sd O . Y.tJMMR CWI'NI...M7. 1 i. 7 t. •� t . y. S ! I J 4 V 1..> 9 1 10 l 11 ►.:' i. 22 i j, 13 14 15 # I 18 ,.. 17 i" ILS is k. I hereby declare under peaaitr•of perjury that.I'M a•20f i 81 part! to the above entitled action; that I bs�e iced the losegoiap 22 documentand,know the contents thereof. and thet the ses�e;is,trw r 25 of 4 own ]mo*iedse. except as to those matters "Wreia stated 24 ypoa'inforastian and belief, and as to such enters that.I belie" 26 'it to be true. 26 �oeeuted as October 8. 1968 at San beandro, 27 'CallfOraia. 28 29 s/YMOM=me= ,. 30 31 w«c�w•w�«eowa • i www M.nrr ms rwn wmw - ii -R. In the Board of Supervbors Of Contra Coda County, State of,CohFornw Octobsr 29. , 8 b►do AAaMw of Authorizing suit to enjoin '. coawnercial activities of James M. Mitchell and University of California Flying Club, Inc., at Buchanan Field Upon the recommendation of the Public Works Director, IT IS BY THE BOARD ORDERED: That the District Attorney is.dirrected-to",undertake such litigation as he may deem necessary to enjoin commercial activities by James'ff. Mitchell or the University of California Flying'Clpb, Inc., also known as the California Flying Clubat Buchanama,Fieldi The foregoing order was passed by the following vote of the Board: AYES: Supervisors James P. Kenny. James'E. Moriarty.' Thomas John Coll. Mmund'A..Linscheid, Alfred M. Dias. , HOES: bone. ABSENT: Hone. 1 bneby ow*wbaw *e faepoiwp k a am awd owncf appy of un owdsr opened am ie abmwwtim of=M•aawd of Supp Won oa do dole afonroid. *-dwa my bawd and de Sed of do f imd of SppNwJIM rs *find29th ,� October 8 AWW:mh .W.T. 1^04 Ck& b � �=�,�, f{,�y uw.bb anc gr aa;: ce: District Attorney Public (forks Dept. Buchanan Field In the Board of Supervisors Of, Contra Costa County, State of California . Oetohei, 20 196JL. b*A Mothr of Authorizing compromise of claim against N. McCausland. On motion of Supervisor J. P. Kenny,'-seconded by-Supervisor ' T. J:. Coll, IT IS BY THE BOARD ORDERED that the County Auditor-Controller-_, is AUTHORIZED to compromise.the county claim-against-Nettie'McCiusla: , _t for'en amount,equal to 25 percent of an anticipated'`insurance aettlement. ,, The foregoing order was passed by the following vote,of;tha: Board: AYES: Supervisors J. P. Benny,•J. �S. Moriarty, T. J. Coll, E. A. Linecheid A. M. Dias. NOES: None. ABSENT: None. o 1 I herby cer*.that the foregoing is a trw and carnal copy of as order ewlared an the mi vin of said bard of Supervison on the date aforesaid. Witness my band and the:Sed of ilr bard of cc: Auditor Supervisors Administrator affixed ihis,_29h_dop of octeb2Z ,196_A District Attorney - 2 Q W.T. pAAsaM, a" Byi(/(s DWuly.Clerk Laurette M. Bonner., ..CLAIM AGAINST CONTRA COSTA COUNTY Rout Endorsements ZVI= Claimant: raamatte SulettIKL= D OCT 21 1968 Address: 3989 Via satrella, •artiaaz, Califeraia DISTRICT ATTORhET'S OFFICE Attorney: lichar& R. am*, P. 0. iz 357, Camawl, Califamla MARTMEZ CONTRA COSTA COUNTY,CWF. Amount: *100,000 Date Filed: Oeteler 21, 1968 By delivery. to Clerk A1Y:14.100111erlq By _ L FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient and does it comply substantially with Government Code Sections:910 and:91Q.2? DATED: October 21, 1968 W. T. PAASCH, By II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors _ Above claim complies substantially with 0 REC, VF Cod D Sections 910 and 910.2. OC 1968. .` Above claim FAILS to comply substantially wiASCH Sections: Z.BOAR ERVIBORY ( ) Board.may not act on claim until l� �t� cm I notice is given by this office; Do not file claim, time limits have eap re . x We recommend referral to: n County's general insurance carrier; Other insurance carrier; District Attorney. DATED: /D- 2 2- 6 B JOHN A. NEJEDLY .By .III." FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business A Services Manager (2) District Attorney, Attention Chief Civil Deputy. Attached are copies of above claim:which was REJECTED by. the Board of.Supervisors on October 29. 1968 _(copy of Board Order also attached). Blease 30is claim to the County's general insurance carrier (or )• < Claimant notified of this a9tion per.Governmen .ec- tion 913 on October 30, 191$ and memo thereof filed and endorsed onc a m, per 3overment, Code Section,29703. DATED: October 30, 1968 W. T. PAASCH,. By 'NaneZrIngraham Inquw rV. FROM: (1) Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DAA: October 30, 1968 public Works, DATED: October 30, 1968 District Attorney, By phi i/isc L• /�sc�T� pu y DA-81:1M:4/66 AC t 2 t't968 1 RICHARD E. HAxt{C -' Attorney at LaxPdASCH .� O �.K-BOARD OFfiUPERY1fiOR8 1940 Coifa7t Street corrrRA TA ea ;- P:0.,-86k 351 a GouW.' 'Concord, California Telephonei -689-5660- 4 . 5 Attornep for• Claimant T 8' 9. to .Clain of LYNBElTE HAZLETT, ) 11 ) C10A PC lER80Hl1L ZIZWURIES; r '(Section',905.2`: �►10 of tbe:.•_ 12 _ ) .. c3overm�ant Qode)'w COtti71!]f'OF CONTRA COSTA, MD ) 13- OTHERS. 14. ) y 15 To the COUNTY OF CONTRA COSTA: 18 You are hereby noti#ied that LYN/ElTE BAZLE4l, whose 17' •address is-3989 Via Estrella,_Nartines, California claisis 18. dasagaa from thecCOUNTY .COIfrRJ1 COSTIl, and others "is thR 19 amount.corgxited as,of"'the'date of preseatatioia of this clam of 20 $100,009.00 :(cifE HtlNt}RED THOU87Nm DOLL8R8). Plns apeoiai dawges 21 in ansia�wwunt not presently known to ciaimant::; This claim.is,based.upon personal.injnsies sustained 23. by clainant on or about July 12,_1968 _`tn Pachuca Donlsvard, v 24 .wear its intersection xith Canino Del Sol, City of t![artines, 25 county of Contra Costa, State.of California, under tht folibxing.' 28 circonstancent 27 On or about'said,dite, at:iaid 28 employees of the COUNTY OF CONTRA COSTA,,.'imW others 29 so negiigently:entruxted,iaanaged :maintained and k: e 30 operated their motor :vehicle on-said Pactaco Hoolevsrd+ 31 near its intersectionwLih-Csmino,Del Soi",sa as-to 32 proximately cause their said motor,.vehicle to coilide +x - z ,� I with claimant's motor vehicle,."'so proacisatelp thereb a 2 to caust..the heieinafter set Earth injuries and 3damages to etainint ` 4 The names of.the public employs causing the Y. 5 claimant's injuries under the above-described circnnstaaces are;, 8 JOBB MATIAS ALVERUAZ, and others whose names and identities are, 7 presently unknown to claimant. 8 The injnries,sustained by claimant, as fair is known 9 as of the"date of preparation of this,claim - consist of 10. `permanent.and .irreparale dasage.to'claisjant•s asrviele, thoracic Il; and lumbar spine and permanent:and iiiraparallt dad qe tai 12 clainant's vital organs::and damage to claiiant's body and shock=: 13't and injury to her nervous systes, all-of which have caused and 14- continue to cause>her great,mentai, physical and.nervrons>pain 15 and;saffering. 18 The amount claimed as of.the date of prepasation of _ 17this claim is computed as follows: i8 SPECM DAMAGBS: (inciudiy`bat. ' not^.limited:to mad ical.and' 19 hospital care' loss of:past l►scwnt:mat and future earningll prlaleitly kno+en 34 20 Ya claimant 21 GENERAL DAMAGES. ..'+. ;.$100 000 00 . 22 All.-notices mad other caa�saicatioas with regard to 23 ' - - thin claim-should be sent to claisaat'in care of her attorney 24: RICHARD E. RAW,. 1940 Colfax Street,-P.O. 8cx 35? Concos8 28 California 94520. 26 Dated: October 21,'1968 27 28 L ES'PE�B Zaiant 29 30 - 'SAM; Atto ey for ;Claimant :: :, 31 32; 2- r October 30, 1968 Mr. Richard E. Hawk Attorney at Law P. a Bos 357 Concord. California 94520 Deur Mr. Hawk: Enclosed is a certified copy of an order adopted by the Board of-Supervisors on October 29. 1968 denying the claim of your client. Lynnette- Hazlett. rhich claim was filed in this office on October 21. 1968. Very truly yours. W. T. PAASCH. CLERK , By Nancy Ingraham Deputy Clerk ni Enclosure 3 C13uny CL=K'SCOMM COSTA CJDWV, .araics :+or n�►'rBr Ootober 22, 1%8 O[tiCO o! the alstsict Attospoy lTi his q. T. Pariah, CjL Wt wwous ActiOR Ab. f11aNe f State P•rsos roost of the o SSthe taO Callfam.I , in and o>trnty Of"s o�ete•.. yrs �•aa� ,.,�_ Vs.at al r �iiii • !!!f tf!lfflt Ifflf tff f t!f f ff f!!tfltlf f1!!!!!!!t!lttt!!tlfrtfr Attached Ia copy of aortians move-entitled 4CtioR. day o!d2 Attorney. -u_soo lbs�:8.4 RIGHAflD E.ARNASON / J JOOG[DE.T.NO.3 ttte of(Wifa fa OCT 118-m-, COUNTY OF CONTRA COSTA q AsaN COURT HOUSE.MARTINEZ 94373 two October 18, 1968 Honorable Chairman Alfred M. Dias Contra Costa Board of Supervisors Martinez, California Re: Joseph E. Spott vs California Superior Court & Contra Costa County'Sheriff No. 112038 Dear Chairman Dias: I was served with a summons on October 17, 19682 In Action No. 112038 in the Superior Court,of the State of California, in and for the County of Contra Costa which ". -names me as defendant in the case of Joseph E. Spott vs. California Superior Court and Contra Costa County Sheriff.`' Accordingly, under provisions of the California ;` Government Code, Section 995, I request that legal.defense be authorized at county xpwwe V ry t as CSON, Presiding*Judge of the Superior Court REA:ea cc: District Attorney 4A OFFICE OF TME SHERIFF, l CONTRA COSTA COUNTY WALTER F.YOUNG (((`///'''��y''.��■`J,{',1 [\�/j�'{■��{�■■�/' dd SNLXIiF �YiRil.t• .�'�J/ MAPTINEZ,GALIFOPNIA OCT 151968 Oct. 14, 1968 W. T. PAABGH `. . CLERK ooAM OF.A RA Honorable Chairman Alfred M. Dias Contra.Costa County Board of Supervisors Martinez, California Dear Chairman Dias.• Summons #112038 in the Superior Court`.of.-the~ State of California In,and.for the.County of Contra Costa has been served naming me a defendant in.the ' case ofJosephE. Spott vs. California Superior. Court and Contra Costa County Sheriff.. Accordingly, under the provisions of the - California Government Code, Section 825 and 995 I request that legal defense be authorized.at county expense. Ver "tru o a,- F er f=Coroner W?Y/hva Enc. CC. District Attorney John A. Nejedly. Y' - s Ifalae.Adteas sad ydasbaea Mw.at Agaisef W Spee Below for Use of CourtClerk Only 1 'J1.)3FPi1 R.'SPOTT Spott (J2liars Ity drirfa - '. t�rinda, C�lilornis 94563 t7 ;254•-h1>]. _ r ` � in'Pro-.Per € 1 IN TBE SUIBRIOR COURT OF TSR STATE OF CALWORNIJ 1 IN AND I=m cOUNTir or CONTRA COSTA vi i, JOSEPR E.•SPOiT No. 1038 Y - Plai�if[(q t (:. M. 1 til• is tum MONS' I CAL•IPORNIA SUPERIOR COURT E CONTRA COSTA s, MUIITY ShiIs up Defendant(s) ! Full ride i THE PEOPLE OF THE STATE OF CALIFORNIA to the above named DefendwA(sk . You are directed to file with the clerk of this court in which the`above entitled action is brougit?a writtest_; k ` P B in response to the_ complaint within tea iqs sites tie servlee,on yw at this sommuls.If served trichia the above aanei c+aaty.er.wflhia thirty days Y served eisewiere(eloeept tlMd H t4 aMioa is against the state pursuant to Section 735.5 of the Code of Civil Precedeee,within 180 days):Yaa see : noti[ad that unless you so fife a written respondve pleading,the piotefiff(s)will tate ludglnent foe asy mosey :damages demanded in the complaint,as arising now contr5ct,or will apply to the tbltrt for'auy e!otbrelief da• u� tnaeided in*a complaint Yon may seek the advkeof veal att�raey ea arty ssspee; K eoraaeetN with the eNtp4iat tide saswas.StMiY. . ... - .• ;atteraey sMsii ho eesiwlki wiliL the lime WIIt s1aMi; r." is�this ywnrMus a_ pNtl �M tRe a W.T::PAASCH.Cbrlt Dated `CCTOII?R 11. 1968 gy J. pESMOND. »~w4 Ckuk NOTICE TO THE PERSON SERVED(Secs.410 and 474 C.C.P.).You are hereby served in the within action(or proceeding)in each capacity checked below: Q On behalf of_� __as a person upon whom the summons and a copy of the complaint must be served to effect service against said party Hader s r "the provisions of Code of Civil Procedure Section: 1 Q 411(1) (as against a domestic corporation) >; p 411(2) (as against a foreign corporation,or nonresident joint stock eompYy or aaociation,doing bad- ness in this state) I. ❑ 411(2.1) (as against a partnership or other unincorporated association) i'. ❑ 411(2.2)':(as against a foreign partnersbiP) . p You are also served as an individual As(or on behalf of)the person wed under the fictitious name of A pleading is a fannal allegation of a daion or defense.C.C.P.Sm'420.]t wiAA be In wrMYe,is tors pmwaat to role of ! court,and filed with the clerk of lkis eosrt,with prod of merrier of copy Ihe[cat all plaitiM or his allaener y aeeaoaiei wNb; the netessay fee. (See mane aide for Proof of SWWM) ( � jw,c a c. a eo c.hfaw.a...Ila SUMMONS(CwaaraU cove.p.n.r.wit nor.all all.veld oe.e -Maa-Wft!aSo - E- i 7 7 r a PNS PER pott.universit'. Z. Muth Drive rinda. Califoaola 9W9 I L y1 L s 4_ OCT 111968 ' 6 �RT.TIW't11. ►�� ., puna aosrw 731,.THi.SUPARM1,COURT OF THE,STATS OF CJ4LIMIM IN AID NR VUR $ ODOM OF CDNTRI CDSTL —10 JOSIM t. SPOTT S ..-Plaintifr OIMUTAT.XTAMUM TO PROTECT!Mli ,,P1=C& REAL7$.PROPNRTY`Or.CITIZEH3 CJILMENIL SUPERIOR COURT& COHTRL ODSTL ODURTL SHZWF - •u Defendnnte/ s �t , 16 _The,mvIaint:of Joseph.E.,Spott..against the:CALIFORM,SUP]MR 14 ODURT AHD WS CDNTRA COSTL ODUM SHMWF. is-a causo,ot.::action.I protection` .� 18._ agalnaL_ar3minal.,ants...add.unnecessary.: ntsl..and phyraicla sufrerinp,.Megan 19 I PlaintifL.L..iaformod and.boliaves..and.npon..saah.informatioa and �, belief...alleges:.�.Wall limes herein.mentionedt-defendants,CL�,DO�L 12 SUPERIOR COURT and =M ODSTA CDUU=SHBWF., sire.agetnciea of the.state.and ffi..• .aonntp._goveromenb. a a ffi -2hat.la.magY3natancos,._a molested'abild,,'under.the bf lk Fears; :medicany.-examined.:.required to-.give:.evidenoe. repeat it An court, one,or more... _ al tines long after.the child should.have.been alloved.to'torget.".incident. 27 28 .2mt.s&atavw-the_origindamage or_its.immediate:after6efreats. the 29 30.. legal,proosfiue:zV harm.the abild more.than..the._original:offense and asp► -31-- indeed_be:.the.,oayse can ..of..serious upset to.the molested child. !2 IV , t • --7--77777777 i ! .7he defendant. MR=COSTA ODSltir aon".criminals mod.dianpe '"�_� ore�aantioiled_aridaals..ia.tbe.acun$.�a11 rith.ro�Ar farlon�aiyd�oaapaaita. = =; S tion.mt_llw.aQua*:rahaImutatibn aenter. :.:Suah,ps sonars.era oot ahaepd:a pe+a.: 4rated.the.lor.the serrim_of.poliar making arrsets.promre»tian ter.oaatt'aasls, . detention Deets. 6, ORS plain ff pry+a.jadg<aent.'againet..tbs:d�rteadmta $ ori ,} I—To.intmduc a into.the courts a aye tni►trharo:a trmirnd tputhAntarrogetur..an X .D.;.gnestions,ail.,children under_17,Ye4rn;`cf.mge and -.0must gin psmiasion.for.ttam tor.testily.:in amrt..Snd►a.substitatima Cxmt held seas intringement.of the.acem"d defendants s rights. Y '"� 2....Sa.mboliah,ttw.county.,.aherittse^function 6e_3aiier irnd the.cam►tr fait.aith._ita..deputies:.shorift.atafl.KThe.alternative la to initlata "14 cRedireation.(criminal.health) service stafted,tr.a.para mdiaal stat!satloh hom in its lowest profeseionat level baccalaureata.doj►roosjthe hghest -17_ mt:2snel;doctorats.,degrees.,in.redirecttan(orimlaal,tualth) >° 3..Rediseotian.Centers and Oi PIWA *o�praremt treat apd •:-� . asra.:ai3sdoale samanded into their..oare!n ordar..Lo change>thstt sato let abL. ding.aitisens &U,to enNVAhe bensfits_of.democraW. 'y .,..4„All:detainoo..patients.to pto.&.pro-rated.oharna.tbr.all services.Uginaing with.the moment.pf77 srraat.and aP to ths,:tlm&e2>:rslew Prat the.redirection,.(criistinnl,i>aalth).center.or.hosptital. S..Institute..i=ediately.proteattonlor:-t24 he pulilia mgalnrt ;:-:..W. criiinal.aets.tar_:creating.a,reception..cxnter..medlcal.dlagtwattc.odttter. r� treatment(sediael�..fadltty-vlth feedback and misdical saseardi, ��cZimatisatian and Aft�ara,aw v coo.staffed27 .redirectiaa(c:iti71na7.,heslth) peraaoae].;` :b..Such other.and.2=ftor.taint,AS. to this cosrt 28 .sq seen �. lust.and p=ppIrAn_thsL,pmAwx. J 8 SQOTT30 i Zit F P 32 . 2. r k h Orson das 4° cxein .: dacl�el - nto•'hAd` (or a INatt�te ` b's tree. =;ca ot O%C* °s'to �:S.b4�err �.W (rg talet., 00 os. •t _ t , • t j e, �,t t S. 1}f t � t yq t 3 3 } iJJi yi 1 1Z d LZ 1t � ,• S S j '£ yt r� 1 � t •'1{ t r i M„1 t V t t � Ifr} J t I i `i 3 L g t -12 I t � ?�t In the Board of Supervisors Of Contra Costo County, State of fiolifornio October 22 . 196 in the#Oltw of Authorizing payment of claim. Good cause appearing therefor, and on motion of Supervisor J. E. Moriarty, seconded by Supervisor T..J. Coll -;Z?IS.IT TSB SO�ARD ORDERED that approval is given for payment of.olaim'in tb4` of $146.15 made by the,State of California, Department of Mental Hygiene, as guardian of-the Estate of Ora Lee'Jefferson. The foregoing order was passed by,the following vote.of the Board= AYES: Supervisors J. P. Remay, J. B.:Moriarty,. . T. J. Coll, S. A. Linscheid, A. M.' Diu. HOES: None. ASENT: None. I hereby asrtify That the foregoing is a true and aorrsid copy of on order esNnd an dw,, wbww of said$oord of Supervisors on the date aforesaid cc: State of California Witness my Imad and do sea of the Board of c/o Administrator Supervisors Administrator affixed this 22nd day of makilr .196_ Auditor W.T. FAASCM,CMrk c/o Administrator„ � � ✓ Chxk Social Service BY Laurette M.. Bonder CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsewnta Claimant: EDWARD PIPPIN Address: 484 Healon Way, Pittsburg, California Attorney: J. Adrian Palsquist, 500 Park Street, Alameda,;California Amount: 4400,000 plus special damages Date Filed: October 10, 1968 By.delivery to Clerk By mail o 14 Aftfa 9a 1461r- 1. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Che MQillBle 'Y Attached is a-copy of the above claim. DriRIjtAgtiftjciaritEand does it' comply substantially with Government Code Sect1bda1910 and 910.2?� CONTRA CCS!i A DATED: October lo_ 1868 W. T. PAASCH,-By- met pu y . II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors _X Above claim complies substantially-with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections: ( ) Board.may not act on claim until 15 days after: notice is given by this office; " Do not file claim, time limits have-expired. We recommend referral to: (JQ County's general insurance carrier; (( )) Other insurance carrier; District Attorney. DATED: /o-//_ L A JOHN A. NEJEDLY, ► Du Y III. FROM: Clerk of Board of-Supervisor s TO: (1) Public Works Department, Attention Business A Services`; Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED-by the Board of Supervisors on October 15. 1968 (COPY of Board Order also attached). sameorwaraM'rs claim to the County's general insurance carrier (or ). Claimant notified of this action per Goverment a Me= tion 913 on October1 ' 1 8 , and memo thereof filed and endorsed on c a , per Government Code Section 99703. DATED: October 15, 1968 W. T. PAASCH, By, pu y IV. FROM: (1) Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of.above claim and/or board order, and forwarding endorsement III. DATED: Oct. 16- 1268 Public Works, By 7/ DATED: Oct_ 14- 1468 District Attorney, Byb')":_ e./J-cua pu y DA-81:iM:4/66 October 16, 1968 J. Adrian Palmquist Attorney at Law 500 Park Street Alameda, California Dear Mr. Palmquist: Enclosed is a certified copy of an order adopted by the Board of Supervisors on October 15, 1968 denying the claim of your- client, Edward Pippin, which claim was filed,:i in this office on October 10, 1968. Very truly yours, W. T. PAASCR, CLERK . By Dorothy Lazzar ni Deputy Clerk dl Enclosure J. ADRIAN PALMQUIST SM PARI[STRAY YIgm PUSOYL WR►TFYLS SCUM SHOIIC' T<LVMON[tfifaam - 4wTo.vo..0 olAT ALAMMA.CALVORM A 04W O AfIfA CODE STs 711DIIWl PALMWMIT October 9, 1968 DMIM1 L:MRCItLL REGISTERED MAIL RETURN RECEIPTREQUESTED LED Secretary,Board of Supervisors OCT County of Contra Costa Courthouse 'r'pi Martinez, California Re: Pippin Gentlemen: Enclosed you will find the original:and three copies of a Claim for Personal Injuries which we are with, you on behalf of Edward Pippin. Would you please acknowledge receipt of the claim and return one copy to me with your file marks stamped on.it. Very truly yours, ROBERT R. HALL S RRH:m enclosures (4) i 2 CLAIM FOR PERSONAL INJURIES ' �`� �' Gov. Coe a. 910 1 s OCT-1 0.1968 4 TO: COUNTY OF CONTRA COSTA Ile.T. PAASC}t. C -K OOARD OF,SUPERYI50R8 5 CLAIMANT: EDWARD PIPPIN aro. R nsru 8 ADDRESS. 484 Hanlon Way, Pittsburg,'Caiiforniai 7 SEND NOTICES TO: J. ADRIAN PALMQUIST, Attorney. 500 Park Street 8 Alameda,..California Tel: 521-1900:. 9 DATE OF ACCIDENT: Medical malpractice occurred sometime during months of May and June,'_1968;discovered after 10 July 15, 1968. r UPLACE OF ACCZDEATI:Contra Costs County Hospital=in'Maztinez and. , County7 Clinic at Pittsburg, .California. 12 CIRCUMSTANCES OF Claimant was a paraplgi ec"confined to a wheel ; 13 ASSICENT: chair before the acts complained-of..He develops a sore from sitting ao.much and vas';operated upo 14 two times.at .the county::hospatal<An"Martinaz',; ahe each time the ischium bone' was:-shaved to;relieve ._ 15 pressure so pressure`so"res wauld'`not "develop; `' Last hospitalization for operation was-'about 18 October 12,'.1967 through:November 21,'1967;there after,claimant was followed at the Pittsburg,,Cli c 17 In May, 1968,- the operative are a;began draining purulent material.. Doctors adv2'se'd claimant:caul 18 sit up and do work in his garage:repairing apple ances for.Goodwill : In:;mid-July,: claimant',_eniere 19 Kaiser Rehabilitation Center where it-was..dis'= covered osteomyelitis had'`set,in`:and gone on 20 undectected and desiroyed;mucli bong substance. Ther county doctors-had failed to'dlagnose:and 21 properly treat claimant:..: 22 PUBLIC EMPLOYEE CAUSING INJURY: 23 Names of all county`.treating doetors'not yet.::. known but Dr.James Lynch and Dr.'WillAW'Oleffe a e included. : AMOUNT OF CLAIM TODAY,INCLUDING ESTIMATED AMOUNT OF 25 PROSPECTIVE DAMAGE:$400,000.00 plus special damages 26 BASIS OF COMPUTATION OF AMOUNT CLAIMED: 27 GENERAL DAMAGES: .$400,000.00, 2S MEDICALS: Cottinuing amount unknown as yet; probably 29 $4,500 or more. 30 LOST EARNING CAPACITY: Continuing-amount not yet known. 31 'DATE--,OCTOBER 9, 1968 J. ADRIAN PALMQUIST 32 BY: ,., .�.. .Attorney., or C aimant • - 3 a �K 4 !� 0 0° � k s POTICE OF INSUFFICIENCY• !:o: '` Gertrude and Fie Claim asatnst FX;:, Haria Cour or Contra Costa, California et'al. You Will Please Take Notice as follows: The claim presented by you to the County of Contra Costa falls -to- comply substantially with the requirements of California Government Code Sections 910 and 910.2 or is otherwise insufficient for the:i reasons checked below. K I. Said claim fails to state a cause of action against the- County of Contra Costa or any employee: thereof.: ., 2. Said claim was not presented within the,time ,llmits. prescribed in California Government Code 'Section 911:2 3. Said claim fails to state the 'name and post office address of the claimant. % 4. Said claim fails to state the post office address to which the person presenting the claim desires<notices,to be sent. 5. Said claim fails to stata the date,.place or.'other circum- stances of the occurrent or transaction-which;gave`rise totheclaim asserted. 6. . Said claim fails to state the name-or names of the.publie employee or employees causing the Injury,..damage, or:,loss, if known. X 7. Said claim fails to state the amount claimed.as of.the)daie of presentation, the estimated amount:of any prospective' injury,' damage, or loss so far aspknown, or the_basis;of '. somizutation of the amount claimed. 8. Said claim is not signed by the.claimant,or.by,some person on his behalf. 9. Other: JK I V 1J JOHN A. NEJEDLY District Attorney. 0 1968 A A S C H By Pari Y. Baker OF SUPERVISORSCOSTA eputy 8 r ct At orney 4<G D,paU/ CERTIFICATE.OF SERVICE BY MAIL (C.C. . 1012, 1013a, 1993 2 , .2015.5) I certify that my business address 1s the District>Attorney's-Office = of Contra Costa County, County Court House, P. O.,Box 670, Martinez, California, and I am a citizen of the United States, over.,l8' ye ars of . age, .employed `in the County,of Contra Costa, and not a,party to:the within action; I served a true copy of the within Notice of Insufficiency by.placing said copy in an envelope(s) addressedas designated'above,_which`,- is/are place(s) having delivery service by U.S. Mail,;which envelope(s),. was then sealed and postage fully prepaid"thereon, and:-thereafter,was,: on this day deposited in the United States Mail'at.Martinez,`.Contra Costa County, California; I certify under penalty of perjury that the foregoing is .true and correct, Dated: July 30, 1968 , at Martinez, California. ( Donald K. Gayden, Esq. ( 2034 Blake street Berkeley, California Mary F. Heath cc:sL.Orerk of Board of Supervisors Public Works Department - Attn. R. D. Broateh DA782:25003/68 r Ciumv CLMKSS JFBICB ;` Cawm COSTA COU"Y Inter-office NO" DATS8 October 11� 1%8 �+ Office of the District Attorney` #RON& W. T. Paasch, Clerk SUWwTs ActionTnortt of the Superior tout of State of California, in and l for the County of Contra Costs, HATS rJY7DADlgR A9 ..�A'y�f� Pwa. ' - AV MUM" !1!!//!!!!I!!ff*!1♦t!!!!!f!1!!!fllf!!I!!lINf1l/f►!1!!1!!!N . r . ' . . - .- - •_:-. .=' ` Via.{ Attached is copy of s��.... A. �.�.:• _ In the above-entitled action. Received Cape o! a10Me� mentioned doays,?tAta �19�6 fac'ye Attorney h; .t "-12-500 ' RM 8.4 CJUNTY CLERKS JFFICS: CONTRA COSTA COUNTY ` Inter-Office meso Dit1TBt Ootober 10,;1968 108Office of the District Attorney . Each& W. T. Paasch, Clerk suwzcT: Action No. 111398 of the superior Court of the State of California, in and for the County of Contra Csata, .JANICE HALL' vs. COMY OF CONTRA CMMi.et al.il Attached is copy of 30A 0 one h Caplaint in the above-entitled action. Received vvy of,aiow- ,.bber Attorney. 66-12_500 lbst 8.4 OFFICE OF THE SHERIFF • CONTRA COSTA COUNTY WALTER F.YOUNG SH[ReF " MARTINEZ,CALIFORNIA - Oct. 8, 1968 Chairman Alfred M. Dias Contra Costa County Board of Supervisors' Martinez, California Dear Chairman Dias: I have been named a defendant in the case of Sandra Murphy vs. County of Contra Costa and Does one through twenty, a suit.for $500,000:00 for general damages, special damages in an aaount.to - be determined, and other costs. In accordance' 'with . the.provisions of the California.Government !Code, Section 825 and 995, I request that,legal defense be provided, for me. Very truly yours, Lt. Delmar Masters, Detention,Division. . DM;hva CC: ' District Attorney.John A. Nejedly. CEI Y'L' D . OCT 9- '1968 W. T. PAASCH CLERK GOARD:OF.SUPERVISORS CO TRA COSTA CO. .41111111,w r Name.Address ad 7eleliar of At~o) $00110 for un of coact clerk only'. SELLAR & ENGLEZM 301�"=� 18f d Dodding 1875 W1Ugw Pala Road Ki � �. Maistiff IN TUB Supra QR coital or TME SWE OF CALWGW iA 1M AN!POR ifdlR CONN"a COMMA pleA SAHM mumife 309iti19 SUMMONS Caunt�► of t70NWA 1'.OS1'As a politftcal 1 a4 et�bditrision of the State of CalifomZa, an sicas Ddb.I WALS, DOES ONE dwxx& TW M, Defenda"s) Pan Tine 789 PEOPLE OF THE STATE OF CALIFORNIA to the above named DetadeN(ik Youaft directed to file with the cleric of ibis court in wdach tort above epm d action is braq�t;s.verllbs pleadip�in fapoese to the eaop>aipt willib,ka fts afMCAe MnfefM Mal Mia srmmewe Y sarN witkia the lino named p -aiY.or wigin ttietlr d*Nam eiswieSe(eStropt fkik If 81e action is airiest the state pursuant to Section 7dt.S of the Code of.Civil.Pfocedws.witkhe,In"o- Ya? Pati+ars Ilotified brit IaleSs You a6 81e a written[eSpsrldne pleading,the plair�(S)will tune jriitBstest tec asY moony oe damages onan ded in tdm comphA*as arldnS qmi coatract,or will apply to the cowl fat syr other fMet i♦ i minded i.tie caarpiiie►t. ;:. ' � (STAIa Yar am roti the a&*&of ell aMwnaY vel arq miMerE i' ,. `' 41 ,', `.. ' 3 . ' ' csrSrecfei wl�tRo,oe�Wnt ar liisaemmnra loci ' ' '•'` atMitaeY�4MiMeywMedwfitiliMetlrlhaitslNri 'F In*k worry Mr IiK a wrNIM pWifY 1i Ne i eo"kh t. W 7.PAASCH,f.90rk Q G! •11'.a' R.:M. Lrrrx z. Dated By_ DslaltCCYrk NOTICE TO THE PERSON SERVED(Secs.410 and 474 C.C.P*You are hereby aeesad it fire VI*Ma aeft (ae proceedloo in each capacity dw dwd below: p`:On behalf of- _as a pereoa upon whom the summons wad a copy of the conWbdg fit be seemed is elfact aerries apird Slid party ander: the.provisioos of Code of Civil Procedure Section, p 411(1) (as against a domestic corporation) . p 411(2) (as against a foreign earpo ration;or nonreddeM j"stock aemp 13 oe sfeoeiitioq doirx brei cess in this state) p 411(2.1) (as against a partnership or other unincorporated asiodatiw) Q 411(2.2) (as against a foreign partnership) Q You an also served as an individual Q As(or on behalf of)the person sued under the fictitious some of A P n a forod alieptlioa of a ekdm ar detesse.C.C.P.Sec tZO.It swat les Y o foray poawst to role of court.sat[ilei with Ike clerk of Iki�eosrt bilk Moat a[serniee of co0f titres[w 11det1(I or lir attarr�eP.aeerr/osid tNY' the secesso"tae (See inverse aMle for proof of Sonia) ' yarn yrro..d M Mre ,. i r,<a toss d r iaww a...nrr summom(Gonna) are Cy,e«.r:.aL Oro,41).416,01 aty.rr M>:-rno-aw a *�' w 1 S M"R&F.NGLME M toss W&AL w PAM RC40 - $ coMaens cuaruwu►wa wwwm......n FILED 4 Attorney@ for Plaintiff 5 OCT 1- 1968' 6RLMUM t$VA* CUM4,CMAIA COUNTY VETVA 8 SUPERIOR COURT OF THE STATE OF CALIFORMILk g FOR THE COUNTY OF CONTRA COSTA . 10 11 SAI DB MRPHY, Plaintiff, No.. 109413 23 V5. 14 COUNTY.OF CONTRA'COSTA; a political subdivision of the.State of Cali SECOND A(iENDED . 13 forma, DEL-MASTERS, DOES ONE COIQ'LAINT through,TWENTY, 16 Defendants.': 17 �. 18 Plaintiff alleges. 19 I ZO 'Plaintiff was the wife"of ROY MRMiY :deceased, at the,tim 23 of his demise,� and is the sole'surviving heir at la•+ of said 2 decedent. Ih ' 23 24 At all times herein mentioned, defendant COUNTY Or'cohT[t ' 25 COSTA was,a county:and.political subdivision of the State of,Cali 26, forma,.duly'organized`sad exiBting under"tEte laws;of the Sute:'af 29 California. 28 2g At all.times herein mentioned,.DEL MASTERS,`DOE OKE through 4 `30 TWENTY', were employees':of the defendant COUNTY,OF CONTRA COSTA,',;. 31 and in doiag.the_things hereinafter 'deseribed,,Acted within the:; -42 course and scope of said employment; the true names or capacities wt ■(LlaR.sRRsonRa.. -1- ..attR..atR 4 r ' - L Y �k 1 of.said defendants ONE through TWENTY, are'un woven o pl;� nLi£f, rr 2 vho:therefore sues,said defendants by'-such'; ictitiou ua , and r plaintiff will amend,this complaint to shaw:thea.r::-true nunacs �ni1 4 capacities vhcn,06 same,have ascertained 5 1V 6 On or about February 6, 1968, decedent ROY NURPHY'was incar ' tis 7 cerate 'in the Contra',•Costa.County Jail, located in rsart#ne , Cal ° ifornia, under the care, custody and✓control of defendant 9 v . 10 At such tiiae and,place; Defendants, and_'each of them, neIi 11 gently and carelessly,maintained,. controlled and supervised said Y : 12 jail,facilities ,so as to cause said=premises to be physically ileE. 13 fective, unsafe acd dangerous to inmates of said facilities Jsucti as �•. 14 said ROY PIITRPIIY; that 'said Detendautsi and each of them,`were fur 15 then ..careless and negligent•,in that;s,they_failed to adequately: "4 „, 16 supervise the actions of the inmates and failed to protect the; ' 1? lives and'safety'of persons 'incarcerated in'said-jail, that the , i1 18 Physically defective,conditions of said jail together,with the';ne x 19 gligent and careless failure to supervise„maintain and control sad` N, ZO facilities and the initiates therein, proxim?tely caused the death a 21 said ROY rWRPHY'and the damages sustained &y Plaiitiff, that said 22 dangerous conditions and'.conduct by:Defendants, and eacTi'of them, �r 23 created a reasonably foreseeable risk of the injuiy tnd-ieath of t 24 said ROY ITURPHY; that said Defendants, and 'each of them,'had actua { 25 an )or constructive notice of said'dangeious con tions for a 26 sufficient time prior to,the, death of said'ROY MURPHY to have to 27 measures'to protect against said dangerous conditions 28 vi J ` 29 Immediately prior, to death, 'deaedent-was an:aduit person; : 30 twenty-one years of age, in good physical and menta!-condstion x 31 and was a faithful and dutiful,husband'to piaintiff, and her.sole 32 source of-support. r 6ttUN L CN6lCKNO ' CNNSN�0.tLIN. _ r _ t _ Y t j 1 VII 2 As a proximate result of said negligence of defendan"ts and 3 the death of said decedent, plaintiff has been deprivedof the 4 society, comfort, protection,_services and support of said deceden , 5 and has thereby sustained pecuniary loss -in the sum. oL FIVE NUtTD 6 THOUSAND ($500,000.00):DOLLARS. VIII 9 As a further proximate result of,said negligence of said de- 9 fendants and the death• of said decedent, plainttff has,paid funera 10 and burial-expenses in an amount unknown to her at this time, and= 11 �si1L amend Chis complaint to show said amount,when'the same'has 12 been ascertained r 13 IX 14 Prior to commencement of this'action, and on or'about March-: 15 91 1963, plaintiffcaused to be,served.on defendant COUNTY'or CON•: 16 TRA COSTA, a claim for the damages sought in this action.in the ' 17 amount of.$500,000.00. A true and correct copy of said'Claim in '; 18 its entirety 'is attached hereto, marked Exhibit "A", and inc and 19 ated herein by reference. 20 y X 21 On:or about. March 19, 1963,, defendant COUNTY Or CONTRA COSTA ; 22 rejected said claim in its entirety. .23I LJIIEREPORE, plaintiff prays judgment against. defendant s, and 24 each of them, as follows: - 25 1. For general damages in the sum of $500,000.00, 26 2. Special damages in an amount to be determined, y 27 3. For costs of suit herein and for-such other and"further 28 relief as `the court deems just. , 29 SELLAR & ENGLC1Cl2tG 30 31 ; By A. J. EV id.? ►.:C /s 32 Attorney_£oi Plaintiff ; -3- 1 2 4 _.6 7 8 9 10 '11 12 13 - 14 15 16 17 18 19 20 I, the undersigned, say: . 21 I am a party to the above-entitled,matter;:the 22.Iforegoing document is true of my own knowledge, except:as,to the 23 matters which are therein stated on my.information and bdliel, 24 and as to those matters I believe it to be. true. 25 i, Sandra Murphy ,..certify:, 261 (or declare), under penalty of perjury, that the,-loregoing is 27 'true and correct. 28 Emecuted on September 26, 1968 at Concord 29 I California. 30 ! gl I JA14.rm N Jt2 HT �s 32 •Verifications, being signed under penalty of:`perjury, do not require notarization. arn"M"s PMWT w surer rasa No.is •x � rsL j` JOHN_L.'SIIERRY Suite 208, 1875 Willov Pass Rd. 2 Concord, California. 80 687-28 3 _ - - - — - r 4 5 Attorney for Claimant `8 :7 II "CLAII..FOR WRONGFUL DEATH JtL 4. 9 TO THE CLERK OF'THE I30APD OF. SUPERVISORS, CONTRA ,COSTA COUIITYP. ' STATE OF GILIPORIIYA: p 11 SANDRA 1IURPIIY hereby mn z s claim against.the COUNTY OF •s 12 CONTRA COSTA, THE BOARDSOF•SUPERVISORS OF CONTRA COSTA.COUNTY, 13 WALTER YOUNG, 'SHERIFF or CONTRA COSTA COUNTY and"the SIIL•'1IiFC 14 DEPARTMENT OF.:CONTRA:COSTA COUNTY in;.the, sum of FIVE IIUMDRLD i'1i0Uatl D 15 ($5001000.00) DOLLARS„and iii support of said claim declares as 1(3' follows: 17 Z. Claitaant era;: the leR-1 vrife of `one,,R0Y 14URPHY. 18 2• The•death of ROY,AUP11Y occurred on February,G, 196G 79 3. Said death;occurred in:the Count} -Jail at;Martinez, 20 California: 6-0 -21 4. Said death occurred in the £ollo:•rinq manner:' 1.01 I-!ULT 22 husband of claimant, was incarcerated in the County jail at Martine 23 California; and while so incarcerated way abused. and ]tilled oiithin 24 oe confines of:said County.Jail, by othct�inmatos. 25 5.' Said death'occurrcd because of the •failure',of tna. . 20 Sheriff's`Departm nt'to provide adequate facilitics,<to control 27 existing facilities, and'to supervise-the-actions`>of'thc inmate 28 G. The names-of the responsible employees of the County of 29 Contra Costa are unknown to claimant_ at'this time; • 30 7. Because of the death of her husband; claimant h, 31 sustained the loss of.society, comfort, protection,' aorr.ib-s and 32 JnHH L nmeRRY n wos �l� caecuno,cwr.Neao - , so,•:voo. EXHIBIT "A" rf - f i r:uor.t oil nay cecc.leat, and has tfwr&.,} ,..vrtaine.l"i uni,a x loris: 2 " in tiiv 'ern nF i•'IVE IMIJI)REC THOUSAND 3 G. - Send any and all notices and communications rcca dingy ,-.. g this claim to,MW L. SHERRY, Attorney at Law, Suit-a 208, 1875 . - 6 .-lillow rass &oad, Concord, California. 8 Dated: I March 8, 1968. " 7 San Clai mant 10 18allo3sa Street, 11art9ne California. .: 12 13 John L. Sherry,`Attorney for 14 Claimant - 17 + 18 s 20 2171 22 23 24 25 26 27 23 29 30 31 32 JOHH 4 6HERRY - - 6--m • - r,'rk _ F• Hsx .RVav Js. -- asoosoia:o�tam,+� 7 october" 15, ;1968 l�CEIVED 4 QCT I7�loe8 � John J: Ne jedly_, District Attorney' W T P A A 5C H Count of:Contra Costa K Suacavi s; v P.O sox 670 - - <` California 93553 Contra Cotta County Administration Building Martinez; California-94553' -Attn: Aileen Elder, Deputy Clerk 8i Barras v LeBlanc, et alt No .:111798"'. - Gentlemen: Please be;hdvlsed at�tbe r to s aanse in tha above matter;set for Id&Y": s 18ih has hien droppad'from-:cslendai. m I would app to sues filed to the declaratory elief action within" e,a t weeks V tial y ours. J �1. HENRT RANSEY, JR HR:c ;. r 1 L Caunry CLW.K'S OFFICE COHIRA COST& CO[1 w Inter-Office_AkRro DAT 6: October-? 1968 TOa Office of the District Attorney racha Mi.,T. Paasch, Cleric =, SyBJBCT: Action DTo. 111798 of the SUperior,Court of the. State of California, in and for the O,.%unty of Contra Costa,. $OStTBEt B. BURRUlS,.JR. Vs.. ELOA MARIE LE BLANC coum [ LF c*wm Or• fflflRltf!lftRN♦tRtiklAlRltitRRlfRRffR�ltRRRlR*ft!!!*fe!!!!! Attached is "copy of 'Sumom. Cawlaint'nW Rislated Documents in.the above-entitled action. Reeelvi0 r*py of aDgve- _.. 'saentioaed doe�seaRe tAie r , dsy o! ,At"� ' foe err wu-Soo lbm 8.4 r Y Date: Septmber 27r>19� z- RECEIVE D 5969 Board of Supervisors Contra Costa County T^oMSCH��� Administration Building Martinez, California -94553 Gentlemen: Re: Request for Legal Defense I have been served with a claim, complaintor writ (state which) in the case of James H. Mitchell,` vs. PACIFIC STATES AVIATION, a , No. - 111794 (aontimed below) In accordance with Government Code Sections%825 and j. 995, I request the,County of Contra Costa to pros►ide for my defense in said action. J Very truly yours, ; (Signature'of;officer or'' ' bd employee) cc.' Dist._c` -v torney corporation, DIABID AVIATION* a corporation NAVAJO: 9IAiCOH, INC.a aorporattom., WARREN BOGGESS. MR. ST. JOHN. K,:1MUN, HAT.SNITH,;1�;.TBOIlA3. WILLZAlS RN GORE, MARIAN SCOTT. RALPH BRADLY. STANDARD OIL,COIO?�S OF CALIFORNIA WESTEOPERATIONS, INC., SjM OIL CWW. TSLACO,' . INC., DDES 1 through 100 inclusive, 1 2 Date: So ptaber 27,'1968 RECEIVED: Board of Supervisors EP'h 0 1968 Contra Cbsta Count Administration Building` oFSUHVISORS Martinez, California 94553 Gentlemen: Re: Request for Legal Defense I.have been served with.a 'claim, complaint, or grit (state which) in the case of, JAMS H• 2SLTCHBf.L vs. PACIFIC STATES AVIATION, a No. 711?94 SContimed below) n accordance with Government Code,Sections 825 aad {' 995, I request the County ofContra Costa to provide fo `. r f my defense in said action. Very truly yours, (Signature of:Officer:.or` employee} cc. District Attorney_ corporation, DIABLO AVIATION. a corporation, NAVAJO AVIATION, INC. ~ a corporation, WARREN BOGGFSS, HR. ST. JOHN. K. LWW,,RAY TH. ,. TED THOMAS, WaLt K GORE. MARVIN SIM. RALPH BRADLY: STAIDARD OIL ODHPANY OF CALIFOR6IIA WESTERN OPERATIONS. INC. S OIL LD!lPANZ, TEXACO. INC.. DOSS 1 through 100 inclusive, r 3 CLAIM AGAINST CONTRA COSTA COUNTY Routiag'Endoraeaenti Claimant: TLvzms mmin tlS IDC. Address: 199? Magnolia 1ky, Valwt Creek, Calirosata Attorney: George D. Tattle, Xeq., Brobeek, tkleger i Darriaaa, 1 Sutter Street, Dan praaeiseo, Qtlileeai,a Amount: 91�1OIE *.s87$.93 Date Filed: Septmber $, 1968 By mail,. poatmsrked_-.._t. , .,- HIM :d I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy, , Attached is a copy of the above claim. Is 1t sufficient and:does it comply substantially with Government Code, Sectiada 910 and' 10.2? DATED: ntmbar h. 1968W. T. PAASCH, y • in II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors R Above claim complies substantially-with Government Code TTT"" Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections: ( ) Board may not act on claim.until 15 days after,: notice is given by this office; Do not file claim, time limits have expired. J\ Wend referral to: unty�s general insurance carrier, Other insurance carrier; ;District �Ayt-torney. DATED: .. � Sey �D o JOHN A NEJEDLY, By III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention,Busineiss k Servi a; Manager (2) District Attorney, Attention Chief-Civil Deputy ` Attached are copies of above claim which was•UjEdTBD:by the Board of Supervisors an__.s_ei' aa:bar 21i 1968 (ear`of Board Order also attached).—P a w.rorwa s claim to the County ageneral insurance carrier (or,- Claimant or Claimant notified of this action per Gov ernmen e• e tion 913.on Septeaibir 25.1969,and memo whereof riled._and endorsed on c a , per Verernment Code`Section 29703, DATED•. -September 25, 168 W. T. PAASCH, $Y pit 9:. IV. FROM., (3) Public Works Department 2 Office of the District Attorney TO: Clerk of Board or Supervisors This acknowledges receipt of copies of above claim.arwlor • board order, and forwarding endorsement DATED: gent_ 25. 1968 Public Works, By DATED: aept. ya.5_ i968 District Attorney, By pu DA-81:1M:4/66 September 25, 1968 Brobeck, Phleger & Harrison Attorneys at Law 111 Sutter Street San Francisco, California 94104 Gentlemen: Enclosed is a certified copy of a Board Order adopted by the Board of Supervisors on September 24, 1968, denying the claim of Travelers Heliports Inc., which claim was filed in this office on September 4, 1968. Very truly yours, �.. W. T. PAASCH, CLEM By Dorothy Lazzar= Deputy Clerk Enclosure BROBECK.PHLEGER 8, HARRISON ATTORNEYS AT LAW _ ONE ELEVEN SUTTER STREET.: SAN FRANCISCO 94104 434-0900 . September 3, 1968 RECEIVED Board of Supervisors, p -:¢1968 Members of Board of Supervisors, t. County of Contra Costa, W.T.;PAASCH- Martinez, California. RK TA CO. co or Gentlemen: On behalf of Travelers Heliports Inc. we herewith file the enclosed claim against you. Very truly yours; BROBECK, PHLEGER & HARRISON By George_D Tuttle GDT:Vl D Enclosure cc: 'James R. Moore, Jr., 1997 Magnolia I-lay, Walnut Creek, Calif. 94529. sr F r k. ` i z _ f , T it 4.8 i Fy CERTIFICATE OF SERVICE BY MAIL I hereby certify as follows I am an active member of the_State Bar of California, counsel in this cause, and nota party thereto. On sentamb.r,3 19�._, x I deposited in the mall at San-Fra nciaco, `California, sealed envelopes , with postage fully Y prepaid thereon, containing a true copy of the document attached hereto, and addressed as follows.. x Board of Syp� Isora, riaDers or 31oa:d or supervisors, County of Contra Costa, " Nirtioes,~Calir"Ift. City,Camil o , Ma hers of-the,cit Counoii, City or Ltgette, snit! E 3#�5 �deaOtte tiq , Ltayette; Ca31f. 9�SK9. _ t �Y 2ROMM':PMU Qt a JUMidwit 111 SutterStreet, San.F;anclaco,:California 94104 . I PHILIP W. COYLE, GEORGE D. TfTPTLE, 2 BROBECK,,PHLEGER & HARRISON, 111 Sutter Street, 3 San Francisco, California 94104 F LE 4 Telephone: 434-0900 Attorneys for Claimants _SEP 4 1�6$ 5 1.T. PAASCH= CLL..-.IC OOARO OF SUPERVISORS B - RA COST/ C9: 7 $ , BEFORE THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA AND THE CITY.COUNCIL, CITY 9 OF LAFAYEITE, OF THE STATE OF.CALIFORNIA .0 11, TRAVELERS HELIPORTS_ INC., 12 Claimants 13 Vs. CLAIM FOR:COMPENSATION FOR THE TAKING OF REAL 14 THE COUNTY OF CONTRA COSTA, AND:PERSONALrPROPERTY THE BOARD AND MEMBERS OF THE AND VESTED RIGHTS THEREIN 15 BOARD OF SUPERVISORS OF CONTRA COSTA,COUNTY, THE CITY OF 18 LAFAYETTE, THE CITY COUNCIL AND.MEMBERS OF THE CITY COUNCIL 17 OF THE CITY OF LAFAYETTE, 18 Respondents 19 . 20 TO THE ABOVE-NAMED RESPONDENTS: 21 TRAVELERS HELIPORTS INC. ("Claimant".) is a.California. 22 corporation with its principal office for the transaction of 23 business and with its post office address at 1097,Magnolia;Way, ` 24 Walnut Creek, California. Claimant desires that all matters 25 respecting this claim be sent to George D. Tuttle, Esq., 28 Brobeck, Phleger & Harrison, 111 Sutter Street, San Francisco, 27 California 94104. 28 Claimant claims against each of you (hereinafter- 29 collectively called "Respondents"), as of the.date hereof, Just 30 compensation in the amount of $48,874.93 for the taking of real 1. 4. 2 l and personal property and vested rights therein, together 8 with interest thereon at 7% per annum from July. 19, 1968; 3 to the date paid. In addition, claim is made for'any 'oats 4 and expenses, including attorney's fees, that maybe incurred 5 .by Claimant in the prosecution of the claim, ifx6jeeted, 8 before a court having jurisdiction. 7 The amount of $48,874.93 represents the total 8 unamortized and undepreciated cost of constructing, equipping .- 9 and readying for operation the.heliport.facility, taken by. 10 Respondents and described more particularly;herein,:and'whieh' it is,without value to Claimant as a result of such-taking as 12 described more particularly hereinafter. 13 1. Claimant was incorporated under the laws. of 14 the State of California on April 5, 1965, and entered into 15 the investments, transactions, and business hereinafter . 18 described as a result of and in reliance upon that ordinance 17 No. 1881 of the Ordinance Code of Contra Costa County,.Cali- 18 fornia, passed and adopted by Respondent Board of Supervisors 19 of Contra Costa County ("Board of Supervisors".) on March 16, 20 1965, which Ordinance is attached hereto as Exhibit A and 21 made a part hereof, and as a result of and 1n reliance upon 22 certain other authorizations of Contra Costa County. :Section II 23, of the ordinance amended Section II of Ordinanee-.No. 525,- con= 24 stating of a map entitled"Precise Airport'Plan.for Contra Costa 25 County, California," to permit installation of a helistop 28' facility at the site designated on the map, according to certain 27 provisions and limitations as set Porth in ordinance No. 1881. 28 2. Pursuant to and in reliance_upon'ordinanee 29 No. 1881 and such other authorizations, Claimant entered'.into, 30 a lease agreement with R. H. Mossman dated April 12, 1965'for_ ' 2. I that property described in Exhibit B, which`exhibit is 2 'attached hereto and made a part hereof. That property 3 is the.same property as that designated'as-the site for a' 4 helistop facility in Ordinance No. 1881. Under said lease 5 agreement, Claimant leased the said property for a term of 6 15 years "for the purpose of conducting operations.connected 7 with a helistop, heliport and landing place for helicopters, 8 including common carrier, charter_and,private flights and 9 also vehicle parking operations connected therewith arid.,for 10 no other purposes...." it 3. Pursuant to and in reliance upon Ordinance: . 12 No. 1881 and such other authorizations, Claimant entered"into 13 an agreement dated April 15,1965, with'San.Francisco 4,Oakland 14 Helicopter Airlines, Inc. ("SFO"), by which Claimant agreed to 15 construct and provide a helistop or heliport on that site. . le designated in Ordinance No. 1881 and leaned by Claimant from 17 Mossman. The agreement further provided that SFO should have 18 the exclusive use of the facilities for its,scheduled service 19 during a period of 15 years from the date of the agreement. 20 The agreement further provided that SFO was to pay Claimant 21 on the basis of the number of common carrier":passengers and 22 charter helicopter flights embarking from the helistop. 23 Claimant agreed to construct a helicopter landing pad in :. 24 accordance with SFO's specifications for similar-landing pads 25 and a heliport building large enough to,accommodate'.passenger 26 waiting space, ticket and baggage handling space, 'and two -` 27 toilets. Claimant,also agreed that upon completion_of such 28 construction, it would perform all structural maintenance at 29 the heliport including periodic painting of the exterior,of 30 the heliport building and correction of conditions which were 3. I substandard and not caused by SFO. 2 4. Pursuant to and in reliance upon Ordinance 3 No. 1881 and such other authorizations,and these two-agree 4 ments, Claimant made substantial investments in'the con- 5 struction, equipping, and readying for operation of the 8 heliport facility in the total amount o£.$48,874,93,'rhich 7 amount includes the following expenditures for the following 8 items: 9 Leveling hill $ 9,372.86 Landing pad paving 10 and fencing 7,506 71 Roads and parking area 7,120.61 11 Outside electric `3,416.00 Landscaping 53.50 12 Underground utilities 5' 1.87 Building 7,980.39 13 Electrical work 3,597.,67 Stairs 172.07 14 , Office equipment 286;67 1S Insurance 413.47 Supervisory and other services paid 2,230.00 4 18 Le gal 611:87 17 Supplies, travel and other 18 miscellaneous expenses 330.84 19 $48,874.93 .. 20 5. On August 30, 1966, the Board of Supervisors 21 passed and adopted Ordinance No., 2017, an ordinance amending 22 Section II of Ordinance No. 1881 and Seation.Il of'Ordinaince 23 No. 525, which ordinance is attached he as Exhibit C and 24 hereby made a part hereof. Ordinance No. 2017=amended 25 Ordinance No. 1881 and Ordinance No. 525 to restrict the hours 26 of and number of helicopter flights to and from the helistop 27 facility, the arrival and departure time for flights, the 28 period of time which a helicopter might remain on the-landing 29 'pad of the helistop facility with its engine turned:on, and the 30 size of the helicopter which might use the helistop<facility. 4. l Ordinance No. 2017 also provided that"all helicopter. 2 operations to or from the said helistop facility, ahall 3 be phased out at the earliest possible time, not exceeding 4 .two years from July 19, 1966, to the site of the Lafayette. 5 BART transit station or to some other suitable:location." 8 The ordinance also provided that helicopter operations at: 7 other hours than those specified in the ordinance or.flights 8 other than those specified in the ordinance.might_be`made to. 9 or from Buchanan Field "upon agreement therefor;"" and that : 10 Buchanan Field is designated as the primary area.ot operation 11 with respect to future expansion in Contra Costa County of 12 .the services of San Francisco & Oakland Helicopter Airlines, 13 Inc. 14 6. On July 29, 1968 the city of Lafayette became .. 15 an incorporated city under the laws of the'State of. Cali- 18 fornia. Its principal governing body is.called the City Council. 17 Claimant's helistop facility is located within'the.incorporated 18 ;City of Lafayette. On July 29, 1968, the City,of Lafayette ` 19 enacted ordinance No. 1, pursuant,to Section 34328.5 of the 20 'California Government Code, providing that all'countyordinancea 21 theretofore applicable shall remain in full force and effect as. 22 city ordinances for a period of 120 days thereafter, or until 23< the City Council has enacted ordinances superseding them, whish 24 ever shall occur first in time, enforcement"ofL%the ordinances" 25 to be in the City of Lafayette. County'ordinanoea,Nos. 525, 28 1881 and 2017 are such ordinances remaining in;effect:as"city 27 'ordinances 28 7. As a result of the facts recited herein, and more, 29 specifically of the passing and adoption of Ordlhancea Nos. 1881 30 and 2017 by the Board of Supervisors and-their subsequent 5. 1 `adoption by the City Council, Claimant is unable to use th . 2: property and helistop facility for the purpoaes.for:4hich l. 3, they were obtained and is further unable to put them .to any. 4alternative economic use. 5 8. The ordinances adopted by the Board of Supervisors 6 and the City Council are in violation of Article I; section 14 7 of the Constitution of the State of California, which forbids 8 the taking or damaging of private property for-pubiio use - 9 without just compensation having first been paid; in-violation 10 of Amendment V and Amendment XIV of the Constitution.of the 11 United States which .forbids thetakingof private property for 12 public use, without just compensation,*: and in.violation of. . 13 Section 8107 of the Ordinance Code of Contra`Costa_County, as 24 adopted by the City of Lafayette pursuant to its:Ordinance 15 ,No. 1—, which provides that 18 "Any lawful use of land or buildings existlng at the time this division becomes.effectivit 17 which use does not conform to`the provisiona ` of this division, shall be a non-canforming_ : 18 use and shall not be in violation of this division until the use is discontinued or. 19 ceases for any reason." 20 Dated: Me 21 +WOW/ 22 TRAVELERS HELIPORTS, INC. 24 25 .s . 28 2? 28 29 30 6. : ORDINANCE NO.Ign tra Costa County. California". may be subject to modbleatfm, .AN ORDINANCE AMENDING Ordinance 525 Is amended to imposition of additional-provl- ORDINANCE NO. 525 (PRE-permit installation of said bell-sions as repeal. - - CISE AIRPORT PLAN) OF stop according to the following S E C T 10 N III.EFFE6I7Va THE ORDINANCE CODE OF provisions and limitations: DATE."lois ordWeee sial be- CONTRA COSTA COUNTY, (a)This facility shall be used come effective 70 days after pas- CALIFORNIA by helicopters-(rotoraircraft)sage,and withinIS Nda�va Ofpas- The Board of Supervisors of Can-only..as a-stop to enplane.and sage sbal be pWllisked.once tra Costa County do ordain as deplane p a s s e n g e r s and/with the names of Sapervlaoes follows- SECTION L So much or freight and shallnot vide voting for and---% it the of Section 11 of Ordinance 525.extended helicopter Darning'or"LAFAYEITE"SDN" 'a'eewa coodstlog of a map entitled service facilities. paper published IS thea'county Predre Airport Plan for Con. (b)The site shall be developed PASSEDn AND ADOPTID as tra Costa County,California"is substantially to accordance with March 16,1915 by.the folowieg amended to delete the following drawings filed with the Plan-vole: described Class I ning Department on December AYES Supervisors James P. (a)The pr+Dosed designation 23.1961. Bei.Allied'lel aDW Jaen located at Bra designation (c)This permit is limited to E. Moriarty,.Edmm d A.'Ua- Moragar. - - San Francisco and Oakland lien-scbeid',7lomas-John Oat. (b) The existing designation copter Airlines.Inc..and Is not NOES Supervisors None.; . located"north of map design&-transferable. ABSENT: Visoax Ifsm tion Walt Creelc and south of (d) Adequate surfaced off- - Joln Oat the Class VI airport designation street parting shall be provided Chairma s W the Board at Concord. so that users of the heB+toP at Sapervi— (c)The Dro designation service will not be required to of the Oamr of' located at Sin Ramon immedi-park vehicles on public or pri- I Contra Costa, ately above- the quadrangle des-vate streets. state of C11h9Sia i�¢yoaBim Pleasaalon (e) If the flight pattern es.A7TEST- SIiClION II Settim II of Or.tabiiahed by the"ato W.T.PAASCH dinaace 525 is amended by add-federal and state aut=is County Clerk and Rims" bK a helslop belt at the lo-substantially changed.this ppeerr--Clot of the Boatd u shown on the attached mit shat be subject to review By M.A.SmIlls map entitled"An Amendment of the the Planning Commission am Clerk WAL r the PmiseAirport Plan for Cm- Board of Supervisors..and Laf No..W 371 6109 99LISTOP Arm _ As PROs" m - sroa onnnaaea IIA1M1 rasa 1 aaarrr I : r `►arss srsaRss : cat., arson . 9s _ AN\AMEIDMENT OF THE :,,PRECISE AIRPORT PLAN ,°,FOR CONTRA COSTA COUNTY. CALIFORNIA I HERIXT 0011-1 TM9 AligilD OT OF'TME PMYOE AISPORT/LAX POR CONTRA.COM COUNTY,CAUFOMA'MS-AOOP=SY TW - 110400 OF 91REm16009.OF TIEz.000NTY OF - CONTRA COSTA ON MARCH In:19U Alp 7101 . m MADE AAPPART-OF.OXDN_IANCE NO.'1681.'gems IN ran E.T FAASCN. COUNTY C7.M AM EX-OFFNM - - - CLERK OF.TME 2OARD OF.9UE1111MCI19 OF 110 _ ,F COUW" OF CONTRA COSTA. STATE FORNIA. Certification on back , EXHIBIT A _•:a noi••the_nmost boundary of the leasehold_eo�; •-.i'r.- that -oo-_tion o= the north,.rn boundary of,Parcel One,: dezeribc below, which is contiguous with tile'State •a::ray boundn_y. The eastern boundary of the loasei:old eoincidoz with the eastern boundary of Parcel One froa t::e State 3t caway south to the heliport access road and• o-not, a'_on, the northern side of theheliport. accass.ro-_d, to tae e stcrnraos t part of Parcel One. -lac boundary wren coat:inucs to :ollo:r the northern side of the heliport access cc east and south to that point at which the heliport aceess roan LIILC:ceato the present road up to the.Hartzell . Don-zzl Z uipmunt N:anufacturinS Plant. 'This intersection-of the hcIiport access road and the Hartzell Dental`E uipraent anu'aet;a+ir:; Plant driveway marks the end ofthe rthcra and eastern boundary of the leasehold. The. southern bound- ary of the leasehold extends from the above mentioned in_terseetion, along[� the southern boundary*'of the heliport access road, up to the heliport parking,lot and.along the sout_ea,n boundary of the heliport parking loll, tothat point ctl uaich the southern bcundary of the-heliport. parking lot intarsacts the western boundarybetween Parcel One and tra eanual Lucas property. TIiis point,,at which the southern Boundary of the heliport parking lot intersects the teztcra boundary be'ween.Parcel One and the Manual Lucas property, s a distance of seventy-five (75) feet from-the'State Vz....waJr boundary south along the western boundary..of Parcel One. This'758 rw--Is the wasternmost boundary of the lease-, hoiC, - ?i„ht of Clay or Easement: Lessee will have the right of easement across Lessor's proper-Y, and the right to use Lessors easement across' ,ropar ty of Bast Bay 'riunleipal Utility District, at the of owinG point: From the easternmost access to the Lesso_"'s p;oparty* from 1,11W. Diablo Blvd., directly north on the prem ertly existing road, or on any road that.should-renlace`it du_r_nS the life of the leasehold, .to the point where the: heliport access road intersects the Hartzell.Dcntal .Apaent Nanufacturing Plant driveway. PARCI, 0\L: Portion-of the Rancho Acalanes, described.as follows: Beginning on a south line of the parcel of land described as ?areal One in the deed from Fuller & Eyman, a C6_ partnership, to Fuller & Zy^an Development Co ,recorded : cI: 13, 1958, in book 3131: of Official. Records at page 235, at the northwest corner of the parcel of land de- scribed as Parcel Four in said deed (3134 OR 235); thence, frow said point of beginning along the exterior lines of ::aid Fuller & Ey*raan Development Co. Parcel One (3134 03 235)" < follows: South 8o° 40, west, 255 feet; north 23.96 Beet; as follows: 96.53 feet; north 40 feet to a point designatcd Station "A" a total distance of 242.12 feet and north 69° 471 07" cast, 190 foot; thcnec south 20° 12' 53" cast, to a point ::'rich bears duo east from Station "A" referred to above; thence casterly in a direct line to a south line of said `tiller & Eyman Development- Co. Parcel Ona (3134.OR.235) �t the westerly terminus of the curve described as haviry a rad_us of 45 feet an are distance of 78.02 fact in said decd (3134 OR 235); thence south 800 40' west along said south line 61.94 feet- to the point•of beginning. E EMIT B ORDINANCE NO.ISU tra Costa County California' may be subject to m;dilleadoo. AN ORDINANCE AMENDING Ordinance 525 u amended to imposition of additional paovi- - CRDINANCE NO. 525 (PRE-permit installation of saidheli-cions ae rep_L .: .. CISE" AIRPORT PLAN) OF stop according to the following SECTION III.EFFECTIVE THE ORDINANCE CODE OF provisions and limitations. DATE.This ordinance"shall be- CONTRA COSTA CObNTY, (a)This facility shall be used,come eCeetiveSWdays aflwi - CALIFORNIA by belIeopters (rotor.aircraf)sage,and within..I5 days d pan- The Board d Supervisors of Can-only,as a stop lo enplane and sage shall:be publidhed once tra Costa County do ordain as deplane passengers and/with the names.d:It panbors 4olloRs: SECTION L So much or freight and shall not provide voting br and.— a in the of Section II of Ordinance 525,extended helicopterparking or" AYEIIE IiUM" n Ems consisting of a map entitled service facilities. paper pubildhed Is this Comity. Precise Airport Plan for Con- (b)The site shall be developed PASSED AND ADOP'13m an tra Costa County.California"is substantially in accordance With March IS..ISU by the:tollwaW' amended to delete the following drawings filed with the Plan•vola: described Class I airports: Hing Department on December AYES:' James P. (a)The designation 23.1964. Kenny, 11�DIu,Jansen located at map desigmtlon (c)This permit is limited to E..Yoriarty, Edmisad A Us - (c) San Francisco and Oakland Hell-sebeid,11;625'John Call. (b) The existing designation copier Airlines,Inc..and isnot NOES:supervisors Nope. located tatib d map designs-iraaaferable. ABSENT:. lidMW. tloa laical Crcek and south d (d) Adequate surfaced off. "�6as JoL Cdl the Class VI airport designation street parking shall be provided Chafeman d the IleWrd m at Cmcord. so that users of the.,belistop d 85peevidas (c) gas required service will not be requiredto d.the:p� d heated at San 8a6m Immed6 park vehicles on public or pri• Calera CaNa a-te>y-above- the quadrangle sin vale streets. ,, d CaYtrnia. ISLE;CatifiaOM PleeasaaloM (e) H the flight pattern es ATTEST: NII Section II aE Or•tablished by the a to W.T.P LA SCH dieance 52S 4 amended by add federal and state aut�L County Ckerk and est�dn �a heBstap faeBib at the Io-substantially changed:this per•CkYk d tie Dowd. eaiioM shown at the attached mit shall be subject lo review By Y.A.1= may eWlYled"An Amendment d the Flaming Commission and Dep�F Clerk the Prtdse Airport Plan for Con-the Board ;r snpeiviaarn aad fat No.73T M logo,Y STAB rJuja;P Writ AS Ftloligita ev Nw w e"ce 116tM1 ossa t aesnr■i - aaa atom -4a' .. it s AN`AN EIOIENT.OF THE " -PRECISE AIRPORT: PLAN .FOR. CONTRA COSTA COUNTY. CALIFORNIA 1 IEMEMY CUIM THIS AMEIOININT OF THE 'PRECIRE AIRPwT PLAN.FOR can"COSM COUNTY,CALWOMmA'MNS ADOMO-SY THE 1104110 of SUPERYISa1S ofTHE..COUNTY OF COMM COSTA OM MAMCN IS.NWS AMO.TME SY UW A PART OF.OMONMCE MO.;ISSf. i IL T:' PAASCH. COIMTY CLERI( AMS EM-OFFICO CLERK OF THE-WARD OF Sk1P1IwI19M OF.rTw "- CONMTYOF CONTRA'COSTA, STATE OF CW- ;- _ FORMA. ,Certification on;flack - EXHIBIT A cu XF..iWR:' _ ...,.. X^'. d•Y }�'. tG.. �C'xY4.StNohhT%Y �•�••n� 1 'S �,.a _ u.Yc..!Y C.,:: • Cc.:Y .LK O1 l?rt•• -4.,. tr'@i."'Cit f_." >xVs cR',.xt 'rq acy C to L.IXI r r 4![cr£ R ell a,'�x bEttcla` tSf 7{ i # vi CHD# acc 'l-1HIIk 3 it Vr CH i2 ! eO. Ajj SIi fir," . c $i t z" tt OS3U t)G �to t C� Sh r t.zA G i;<ELuk r ur+#'.%' ty C',J2 t`a CC}fli3!.: C'tJf f� cb 'il �{ (i 121'1 •sp.iRoGH s,soaTAj ng'qS� ,88adJ ��w•o/K{ cr�g aauau�pap:u� sssadds goTgm ds)a ac{q 30'-t&4603�asao�gus�ans dsm i pequad BuFSusduwoae.age �g � Txaaor sagqini�2 E $aPJ S{tta t) HiF�•T B l i tip'`�=131. *sq VWD 8R�0)o msttcraxutttgjo pi�og 4 ) 13,871 On vk4CE t x to . � ) Y^.. bl t.t•.^o nz f F$Y1 - "•�•-�•�•.Efi trCfi..ab 311[ t � ( 1 ur-Lurr Z. I bFS r.` if - i � �.. ,s#. {t.'..��a�.aia•e�. )r:, - 22 t s ti Lt - t 1 itU Zf'})u.tt?"Y. i �}nr- t i :#� 1 1•': r i tt s r Sr^r r u<$��7r"sdEt;` i rz Fs 7t rut t <i7 �:rt g 1 nutsa 1strti,�trp ii±e 7 Z, J_i LshsFa•AO7 e z.lit 1t fn. CaT' ..CL.;.,, . Kyle to act vv'.' . 4 r 7 � «t } _ ;a northernmost boundary of the leaseholdco:ncidea teat 7or`ioa of one nort::=r n boundary of PL--cul One, ceroribo:i below, which is contiguous writh'the,State bouadery. Tac eastern, boundary of the leacciold coire-JeLs with the eastern boundary of Parcel Ori& from t-ae Sate 2�..,aZway south to t'hc heliport.access"road>and alon the northern side of the heliport- access ro-- i:G t:aC :aCtc_=aowt part of real One.'"` The :boundary-.then Contirluez to :0110:! the rortl:ern side of--the heliport, aceaza L:u east and south to that point at which thee-.heliport: acacss road intersects the present road up to the Hartzell Dot: al Ecjuip u:nt Zanufacturing Plant. 'Tats intersection oS th..• heliport access road and the F.artzell Dental Equipment - :a n.Y,aeturin_- Plant driveway raricz the end of the-ncrl.hcrn and pastern boundary of the leasehold. The southern bound- _ ary of the leasehold extends from the above mentioned. intersection, along the southern boundary'of the heliport accczz road, up to the heliport parking lot and alon ;t're sout_ rn boundary of the heliport parking lot to'that point t which the southern boundary of the heliport parking,3ct intersects the western boundary between Parcel One and tha- :ailual Lucas Property, Thin point, at which.the southern boundary of the heliport parcing lotintersects the was'era boundary between.Parcel One and the Manual Lucas property . a distance of seventy-five (75) feet from the State ' Freeway boundary south'alor�, the western boundary.- -One. oundary-One. This'75' marks the westernmost'boundary of;the le2se hoc. .i Right o: Way or Easement: Lessee will have the richt of casement across Lessor's proa.rty, and the right to use Lessor's easement across Pro-party of East Bay i:unicipal Utility District,' at'the following point From the easternmost access to:theLess'' aro:arty from lit. Diablo Blvd., directly.no+�th'an ta,a pres-, aptly existing road, or on any road that.should replace it during the life of the leasehold, .to-the point There the heliport. access road intersects the Hartzell..Dental Tquipaent' Man rafactaring Plant driveway. ?ARC`,..,' ONE: ?ortion.of the rancho Acalanes, described•.as follows:" <e„;nlling on a south line of .the parcel.of land described y Parcel One in the deed from Fuller & Eyman, a'co- rtner:.nip, .to Fuller & r�caan Development Co. -recorded arc-1 13, 1953, in book 3134 of Official Records''at page { 235, at the northwest corner of the parcel of.land de 'cribed as Parcel Four in said deed (3134'Oh 235), thence, fromsaid point of beginning_along the exterior lines 'of, :: aid Fuller & L'y*man Development Co. Parcel One (3'34 Oa 2351, t as follo:as; South 80° 409 west, 255 feet;:north` 23.96 +eet; want 96.53 feet; north 40 feet- to a point designated Station "A" a total distance of 242.12 Peet and north-69" 479 07" cast, 190 feet; thence south 20" 12' 53" cast,:to a point ::'rich bears due east from Station "A" referred .to above; th ice easterly in a direct line to a south lineof said ='eller a By-man Development Co. Parcel One (3134,`03 235) Lt the westerly terminus of the curve described as havIrs a radius o: 45 feet an arc distance of 78-02 fact in said ,iced (3134 OP. 235); thence south 80° 408 west along s"-id south. line 61.94 Peet- to the point-of beginning. OSDDIANCE ND.2UT said bdk%p Astift aotr Mat tgatle 1AiT.leaadt MMi�r :".: AN OSDI IMM ANENDMG fiaeaM Walrraa s ii add m casae�Mar:wkWt-UeMMa OiRDUALM NO. Hit AND am-as UGOOM aaal11 M (i), •"" : garalins d otRDIIrsNt7, No. W (PSE Wan or' H d .10.dNk 0haaaa.� y�r CM-AUPLAN) OE as SundaysW taasdspa Lar>r/dsilisr +sei6si i�:OSD<tiANCE OODE OF No ieYeapiar des urlw Sk Walla art 110'10010 to it lea COWflA COSTA COON!!.10001 w or IW d 14 ara lari0a0r1W gM asrte CAiROf3YIIA bdkbp- herb; and dwsh a., >M lRatatl d th d e&M altar Hili atdadt .(t),Nn lhik In i a sbe ' Contra Coda nam 10 Wats R10•+ltsad4a MnaO W��abr(W aae- , -a n= as Liver. sr10n ar.slier S:le o'etgk�10a10 sR."Now.a0p0aib ��e�y)e Rw as i10da7�W haYiOfa id anter at.Mar w Lai md ■10lbfiaLia raiaiM i O�s No sKdm.SiMt ar 0000 at arSINOWN ptiewiij 101111• - saetba u d Oeitaaaea lilt Y�r� dq t 11a1d�Y�aais•' W Ssefiaa u d orii..e.HI m sa aaer tie aw a,:-(10) sa as ecum ax 00011010 what W dspd R fi10as Mod a01ad to tis= 0000 d d Y LS M nd as fa7rw: Y tie rgd0r dOt 101001010 d aptOYaa 01110 iaaMat Y 1V10a , S.Iraadsae W Odlad Ya4 a0sraaYa Y tYYaiea Q0Y slat (a)7bb Left Ann 11e ani Impor,AkftM Yac a/sellwb of as 10nia0 d an Few by Y10alwa lobe aieerdt)ARSs� H)r,b w,SaY.at daa'W 00mod Ndb@P r a*.as a dap 10 10&&00 W se 001010 isYOlap daeib.00110 or- awl d wlWma" tdre etc iwac 0010 bad at ar 'I�01f II'lil•aasre Di s iwt*M 7W serasaga.d"11awYs i aseoiea tfaesitias aWb at 0a►tLr.. ieYar li :400&0 aNar: /0r Y ads"<t o sass.W a�m dba i ea (b)mw d6a doN be 10al• the YOatbtiaas altwe,aR 10100 tlrs bf:piWd uea a: oast tis an10s d,altpeabaa 0`1010&:' due r01I0p S wo eta aW to(HaMYrili�IM ad"96r a�a�'YWOt�r�r � i cembur=6-ML d10t Da t Is tosaw soday.A rsOa�_aW PA�tiD ADO!! (e) I111s Rae10it Y ll10ibd m ebNbYad�liaesapala�10wa10a0t Hd{eaibr AYllass. •OaW L Lain* eisMae tYiw!A�� r M � s 11000. Alftd ad amm a0a.lar s) a yea ���10/0i�sRO 01010 isSrAM .�� yi�s,1fs100s Jain Call a�-waas W iaWtaD a10�o m Y and 1000 W ave loom.P•601/ fid Tbe an ast be tox; 1110011 M abwd srWia i0laatala i ba liam tnaoy(s)) A. atastrddL . Alsif!. • (aY —N WSW� (f)No triieapla sirs 01110010 AstilAlK laN0ai0q JO�n aaiaOYasYlieaiOY •M W at to 0W IL Mminft. oral W sbla baa►� Lr aces Nm Ja10s P.;Lsq . abstiOiJ eisiOd.tics peas 100 d udmft CWttsOa d (aaSjjrAW sho be niiset Y aaairw 1R AWAM `� S d sapaedara W 'U)111at a•iaYeapMr apse►�`T.TAAMCE 10q M saldset t•10aiHeatia,fives 1•ar Le10.a0 0W i0s�aab CYei W�arch =. IrposYiaa d adiitbaai pwE.Mo laePfb 010011 be/iad sat(7101 d 10/101000/0 abaa ar reae��aea�i, at iie a0essat tatssile tYw a0t!l Naaes I�ais10 ' (f)No islieapbr 0&011 anin ea10si4i two nes•010 Jab Daa0b0. at. twee,w or bad ai aalH.Hi,m as sib d as La- lIi as i, I�T that the lcar m l;0. wrtH1:G wpq G� Llml;adeu p`+�-3 4_17 eaortad bj k . Boardo[Sup,wtngors of Contra,000M y . - Oeliiotnia,_IS4 �-3Q---1�ilr Air t�t� ?2_._�_19fr8 1V.T.PS6.SCIi,Wuntp Clark, d:13-OfMo Clerk_of tL .- &xuO of Sof EXHIBIT,C w 1 �. .•` E J::.. Y 1 �� rr f: 21 V-c L Z h m0 (D c B N ,rcT'N O�C F3 �h O zr Ft,ca W O t3j10 N 7 0 0 .a n m znoo r Wo Mn x> we m Y ca ca 1 ' , �k r ;� 7 7trt _ a E�4 s � _ 2 k'•_ r 3 4a , J` - CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant.: Centennial Insurance`CcmgNM Address': .255 California Street, San Frenciseo, "California -91111 Attorney: Robert J. Eaiser, Attoraq at Lair, ,Califaraia Street, Roca 326, San Francisco, Califor.l{65nia- 9k10k Amount: 49,000 Date Filed: September 18, 1968 By delivery to`Clerk By mail,postmarked awtc 17a-1 I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Dep D '. ?SEP18`1968 Attached is a copy of the above claim. Is it sufficient "and does it comply substantially with Government Code Sections 910DUKINJ 1JW S OFFICE DW Z DATED: yst.�Ron 1968_ W. T. PAASCH, By UNiY,CALIF Du y II. FROM: Office. of the District Attorney TO: Clerk of Board of.Supervisors _X Above claim complies substantially.with. Government; Code. ; Sections 910 and 910.2. '' Above claim FAILS to comply substantially frith maid Sections: ( ) Board may not act on claim until 15 days after, notice is given by this office; ( ) Donot file claim, time limits have:expired X- We recommend referral to: ( County's general insurance carrier; : (( Other insurance carrier; 4: District Attorney. ; DATED:`1.. /9. /.9tR JOHN A. NEJEDLY, BS► � J III. FROM: Clerk of Board of Supervisors - TOs (1) Public Works Department, Attention Business to ices Manager ! (2) District Attorney, Attention_Chief,Civll Deputy Attached are copies of above claim which rsa REJFCTED,by the Board of Supervisors on Sentrber 24,`196a (eopy"of Board Order also attached). ease orwa�s Xn1s:ol82m;to the 'County's general insurance.carrier (or .. ). Claimant notified of this action par."Government,- 01350-7,7- tion-913 c tion 913 an 3eoteaber`25.'68, and,memo thereof.tiled a endorsed on c , per vernment.Code Secti" '29703 DATED: santamber 25. 1968 W. T. PAASCH, OW Deputy By IV. FROM: (1) Public Works Department 2 Office of the District Attorney TO: _ Clerk of Board of Supervisors This acknowledges receipt of copies of above claim'snd/or board order, and forwarding endorsement`M. DATED: Sant- 29, 1968 Public Works, By�fc DATED: �a.n pg, j968 District Attorney, By pit Y: DA-81:1M:4/66 a - �►0 ao a° u � 0� a M°o; p�. :tp as Qi�G o pN`►�` �o : m boy o N m ma g A p�, o a 00 m . •s C � �C s ° � y 'op o` �! CIO a d° ..6 9S0 a m0`o �.� ,%.g 00N .q `� p. +fit- M September 16, 1968 CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO: THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA: 1. Claimant's name: Centennial Insurance Company. Claimant's Post Office address: -255 California Street,;.,, San'Francisco, 'California-;94111 2. Post Office address to which notices are to be'sent,: , Robert J. Kaiser, Attorney at Law, 465 California Street,. ` Room 326; San Francisco, California 94104., 3. Occurrence: Payment by the claimant-of the.-sum of $9,0W An settlement of a disputed claim involving property owned by the", ' E1 Vento @orporation, and located at.4576 Appian way, El Sobrante, California. Date: July 19, 1968. Place: EI Sobrante, California. Circumstances of Occurrence or Transaction Giving.Rise to Clai*: The El Vento Corporation is an insuredof,the claimant. _On or i about January 30, 1968 at about 7:00, .M.`on the insured's.. premises, a tenant of the insured, ane Roberta Young, 'was_.on. >-her" way to work; and descending a stairvray,'wh"ea`".ahe''=reached' the bottom step and stepped onto the surface of the.adjeiniag ? driveway. She slipped and fell, breaking-her left ankle. t. Otf-tbb evening prior to the accident, during a.heavy raid., aha insured's driveway and parking area was flooded, and a: layer,of: ' muck and mud was discharged onto the driveway aad;parking area,.. and remained there at the time of the accident. .Such discharge of mud resulted from improper and inadequate drainage ou"the e4oining roadway, and the Department-of Public Works and 'the Flood Control Department of Contra Costa ,County ,had previously been put on notice by the insured.property-owner'as-to flooding conditions caused in the past by such inadequate drainage. .. 4. Amount claimed now: $9,000.00. Estimated amount of future loss: None. TOTAL: 49,000.00` 5. Basis of.above computation: Payment made by claimant to .the injured party on behalf of the insured property owaer CENTENN L INSURANCE`COMPANYFI y, LBy Its At ney SEP 1oi968 W.T. PAASCH CI-EnK OCARO OF SUPERVISORS ON OSTA J.Q. _ DY __OwutY ` rt b Atg�� At� oo�� p O zoo, µ�K d P ��O O to Y^+ n N�G - O ¢ k "D O N C m d r" COUNTY.CLWI S 4VOICS , Comm._COSTA COamm. x inter-Office Mmo DN►TB:. Septsaber lTi 1968 office of the District Attorney 1. W. T. Paaech, -Clerk SOBJ&Cts ActIon`NO. : 10 •?0 of'the Superior:,Coust.or the State of California,_in and for.the'County of'%ntra'Costa; mrrntTta x_ CRiSi� Va. CITY OF CO1fCORD. COUNTY-OF COIM COSTA, at a1. fRlR1RRR*fRRfRRf*1R*RRRlRRf*RRRRRRfRRRRfR*RRRIRRRRRR/N�RRRR { _-- :.Attached-is copy of slat e.'�r *...tom ea letittAe er 8i t"r fr Le provisions of See �►S 4 of Oevsr�snt s ; Code and:relatea doemunts °1 In the above-entitled action. t Received topY.,oi aloes-� ! ' t meatiowd doerts'-this _,. day v. l 6 foe t!M 9 No Mike Attorney. 66-12-500 Vasa 6.4 ,s EMMETT HITCHOCK • EDWARD W LEAL JR. r 1 COUNTY TR[AfURG•TA[COLL[CTOII ASSISTANT TAX COLLECTOR'S OFFICE - COUNTY TREAS....I OLLCCTO. _ "ONE 226.1000 R/•� T■T1'�`T1 ALFRED P.LOMELI LiT..11[3.21.[.136T CONTRA COSTA COUNTY TAX..11....RICO[. FIRST INSTALLMENT OE TAXESFIST INSTALLMENT Or TAXES MARTINQ.CALIFORNIA.94553 o[LINbu[Nr- DYE AMO 1AYA6LL - ON TN[FIRST DAY OF NOY[M6G ON:TX[Y-OAY OF DLC[Yi[R _ S[GONO INSTALLMGT OI TAX[i - ...ON.IN6TALLMENT OF TAXES _ OU[AND PAYASL[ - 'OLLINOULNT .ON TN[FI.iT DAY OF iWYARY OM TMC T[NTN OAY..Or-w September 12, 1968 RECEIVED SEP 111968 W.T..PAASCH D OF SUP ISORS Honorable Hoard of Supervisors cost Adad:dstration Building Hartinez, California ' Gentlemen: I was served September 10, 1968, with 9umions No. 111961 and Complaint for Honey and for Declaratory Relief No 111581, Frank J. Baumgarten, plaintiff, in nay office as County Talc . Collector— Treasurer. I respectfully request that you authorize the County to provide me with suitable defense in this action. Very truly yours, //JEi�att Hitdwoak County Taz Collector;- EH/ems cc: John A. Nejedly District Attorney +a-.shy in.a aeaw.o ond rrM.r ave at ae«my(s) serve ar.w aw on of coot a..t cry . 0*6eL7.A, SURBMUM a XYLRS suit: 17000 Central Tower Bldg. 703'%arks% Street Saa-Praacisoo, California 94103 98?=6184 - Plaintiff Attorney(s)for.::.......................................... �t SUPERM.COURT OF THE STATE OF.CAIJFOlm ??3; FOR THE COUNTY OF Cu.3s F • 9 ti PRAK J. 11MCABTIS .... Plaintiff(,) .- , is Vs. I h Nesters States Lease Corp., Edward J. Goldi Bill L. Jaoksous Chu A. Salth, John Barrie, Jr., Thelma Patterson, Hansell 4.. Patterson, SUMMONS F Patterson-Cicero-Lia¢, Ino., a corporation, (Gaseeal) T ! ' Douglas O. Cowan, James To Denlovey, Falter T J. Pasache Eamett Hitchcook, Toe one.to Does ten, Com one ...a o ration and Cos ps............• _... p go—pa=�aes+a�iip nafendaat(a) THE PEOPLE OF THS STATE OF CAI HrORNIA to the above nand .......: Defeadaat(i) i You are directed to file with the clerk of this court in which the above entitled action is brought a wtlt- : ten pleading in response to the ......... .................. complaint within tee flys afteciM sstviee N yes�f this samatewM if served within the abwe aawei eowity.W wltbia lkirty d+r•Y assts:elsewbers (except _ that if the action is agsinat the state pursuant to Section 788b az the Cade d CivD':Pr�ocedu!e .within-180.. days).You are notified that unless you so file a written respoeaive iksft&the plan tiff will"take jadg- 'w F meat for my moony or dsmagN demanded in the complaint.as arising epea .oe w01,ppb to the court for any othse relit dwass"in the complaint: ! (SEAL) YN may risk tis advice of se atlsreey N.�matter • e�mNctd wilt tks essriitet ee tLis.Nmmaee�:8eelt a`' ! nib myAwhlbeeaweeilsdwWistbsthaeliedts4td ! is tbie sesmees fie fllleg a ochre:pitaiisg a"tis Clerk ! x S E ' 1 0 1968 SDated...._......:.........................:................. By.: ..................................................................... D�Ck& 1 NOTICE TO THE PERSON SERVED(Seca.410 and 474 C.C.P.):You are hereby actin!in the within action (or proceeding)in each capacity checked below: ❑,On behalf of...........; a upon whom the summons and a copy of the complaint must be served to•effect service against said paht� under the provisions of Code of Civil Procedure Section: ;t ❑ 411(1) (as against a domestic corporation) ❑ 411(2) (as against a foreign corporation,or nonresident joint stock company or amocistwn, business in this state) ,rt ❑ 411(2.1)' (as against a partnership or other unincorporated association) ❑ 411(2.2) (as against a foreign partnership) ❑ You are also served as an individual ❑ As(or an behalf af)thepereaa sod under the fictitious name of tD�pfR.LA.ww�M�[7lx.L'4 7�7fiM0 ! y y ar.e.+L m L.wxo..a we.IM 2'- 7...I...iT.Tll[R - .4M vft^ncmcm CIL.ams"M1.. 3 a�.o..s+uw..rwas SEP 1'0 lqu .. 4 I , 0. r}j.`I"LY iV r s 7ta 8 IA T11Z.3Ur-i12?P �+.^.17 OIC .0 . 3^.i:e .>} ::tALI^';' . Ili A.�� 80J: THE �9f1ti:7 10. 1'Twir J. 3AO:.OABTJ i.. u .lainttff, t - 12 r } itiSil Lk�IAA#TOkY-EtALIE? - 13 Wt'STW STAT is Il'A3. CC RJ; } EMAHL J. VILI L. JA�iJUIi� j 14 CHAS A. UITE, JQJ.ti ft i+<2 , Jr.,, } Tt r IV.A I`AT T1:501i, i'J53 L G. ,kATY?a Qb,'. It•C., a corms } f. Vratlonp Do=IA:i i.. ;rlWAJ+, JItLK: ti. y �t 18: I WCZAYc.7� aAb:Cp J« i hA:?Cit, 17 C+MZi a corporation end "Y :rias a } 1820 ca-partaMrslsij. Melatiff, FnAtiP♦ J. VAMOAki bi cccr2alaa'of :eten4mtrta, 81 WE3TM STATir U431: COetl'.� iw'1rAli: J. th3l.ili.« AZi.L Z. JE:'i{►03r, CHAS A. S11I?Ii an0 J?}2c DAnaIE, JIt.. oa3 for cawiro of { irat�us vof ra.aa 25 LL Oa or about Getol+r.T Ili 2ybb, "0fc�.+stnt, r. .♦T.,;:, ^Afi: LE#:f8 28 , ` CORE, oxocnted a proziscori not* tog us sua of .i5s�J3, jislrable} 27 to RO:iSELL C. P#TTEiiS0I1 and E. Ciillit#L Ct3itrhELLA is,irw%allzeata 28 of 6500 oa", .commenalag November 7, IA6, all of suet. aura' 24 tyablo rt Us officr of E. CONRA: COI111cLIJt, Central :ower 81dr.t 30 a=: Son Trancirco, California. # coFY of vssd roto is aereuato at- 31 taobot a" iacorporo%ed_beroln as A=&bit 'A" " 38 aawa.u.M�snw.. r. w.e....w..war. CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements,' Claimant: James D. Holloway Address: 221;9 Bonar Street, Apartment •S', Berkeley,_California' Attorney: Mr. Vilaout Sweeney, Matoyer & Sweeney, Attorneys.at Lm 6014 Market Street, Oakland, California %608 Amount: $100,000 Date Filed: September 5, 1968 By delivery_to Clerk By mail, postmarked September .1T1M I. FROM: Clerk of Board of Supervisors u v DD TO: District.Attorney, Attention Chief, Civil Depu ., 5 jq p Attached is a copy of the above claim. Is .it'sufficlent an`d.d6it comply substantially with 0overnment Code Sections:`91@I "@RISS 0FF10E DATED Sentember 5. 1968 W. T. PAASCH, k ► y!1llr II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors x Above claim complies substantially with 0overinnent Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections: ( ) -Board;may not act on claim until 15:6y8after notice is given by this office; ( ) `Do not file claim, time limits havereapirede We recommend referral to: ( County's general insurance carrier; (( Other insurance carrier; District Attorney. DATED: f' i e i9'c J3 JOHN A. NEJEDLY, By pu y ? ZII. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business d: Services Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim.which nes REJECTED by 'the Board of Supervisors onse 17: 1"B-- (copy of Board Order also attached)., PPtleseso � claim to the County's general insurance carrier. (or )• Claimantnotified of this action-per 0overnmen e c tion 913 on September 17,_-ri8, and memo:thereof.filed and endorsed on cls ,-per Goverment Cod Sect 2 03.;, DATED: Sept. 17, 1968 W. T. PAASCH, By Doroth IV, FROM: '(1) Public Works Department 2 Office of the District Attorney T0: Clerk of Board of Supervisors This acknowledges_ receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: Sept. 17, 1968 Public Works, By DATED: Sect, 17, 1968 District Attorney, By. pu Y DA-81:1M:4/66 September 17, 1965 Mr. Wilmont Sweeney Metoyer & Sweeney Attorneys at Law 6014 Market Street Oakland, California 91608 Dear Mr. Sweeney: Enclosed is a certified copy of an order adopted by the Board of Supervisors of Contra,Coata County on the above date, denying the claim of your client, Mr. Jamos D.,Hollowtay, which claim was filed in this office on September 5, 1968. Very truly yours, W. T. PAASCH, CLERK By oro y Uzzarini Deputy Clerk . Enclosure eroreR METOYER 61 SWEENEY uRL 6.r wTTONNrn AT LAW WWONT 6WL[N[Y 60"NARNCT STRCET '.TO.CPNONC OAKLANDICALI►ORNIA 94605 650-IOT)." September 4, 1968 RECEIVED SSP-..51908 = W. T.,PAASCH',' CLGRK BOARD OF$UPERVISORG Dy Tiu cock SA.;<' Board of Supervisors Contra Costa County P. O. Box 911 Martinez. California 94.553 RE: JAMS D. HOLLOWAY V. COUNTY OF CONTRA COSTA OUR FILE N0. 68-249 : , et.a Gentlemen: Enclosed are original and five copies of CLsim for Damages in the above-captioned matter.. Please file number of copies required by you, ease con formed copy to the undersigned in the:enclosed envelope. Thank you for your cooperation. Very truly,your WhikoNT Jt.GI+l\ WS:mj Enclosures .-�. �:;; °� f� ./ ri9`s��a ' a a�'� " ��, �w,� i �� �� a� �: s• . .-"� �'d ����: M ����� o;a M �� ^ ���D a �' '"� ��r m �«.. � :. w w 1�=„ .� - -� ;��', ry �< .s t • 1 .YILMNT %ME= of the firm of IO;TOYER & SWEENEY 2 6014 Market Street Oakland California 94608 " 2 658-107; SEP 5'...196B"._ 1 Attorney for Claimant w L PAASCFi CLM-M BOARD OF SUPERVISORS TAD s wulr c 6 . 7 CLAIM POR DAMAGES AGAINST THE COUNrY, — F. Y WAL .ttxoUzft`TEm 10 11 JAMES D. HOLLOWAY, presents a claim for damages against 12 the County of.Contra Costa, a body corporate and"politicof the 13 State of California, and Contra Costa County Sheriff,-Wilt*r F.' 14 Young, and Does One;through Ten, in the sums of ONE H NDRED, 16 THOUSAND DOLLARS ($100,000.00). 16 CLAIMANT'S ADDRESS 2249 Sonar:Street Apaztsient,"B" " 17 Berkeley; California'.. 16 ADDRESS TO WHICH NOTICES ARE TO . 29BE.SENT Mr. Wilmont S�ileaneJ Netoyer &.ft"ney. 20 Attorneys Ai:L ". 6014'.Market:Street 21 Oakland, California;94608 22 DATE OF OCCURRENCE July 16, 1968, 23 PLACE OF OCCURRENCE i Concord, California, near &4 :. Diablo.Boulevard;-Contra Costa' 24 County,:,State of.California 25 SAID CLAIM ARISES FROM THE FOLLOWING CIRCUMSTANCES. 26 On July 16, 1968, at or about the 6our"of 10 30 A M., 27- claimant was aasse er against his will to an autonobile in F n$ s a8 s. 28 or near Concord, California, near Mt. Diablo Boulevard; said 29 automobile was awned by Contra Costa County and operated by Doe. 30 One, an agent of said Contra Costa County, and the sheriff of 31 Contra Costa County, and said Doe One was then and,theredriving 32 in the course and scope'of his agency. Claim ant,ian inmate at. wsrowisrawtar... OwICLAMW CwLA.'.M.D� - - 1 Contra Costa County prison farm, Clayton, California, in the CUB- 2 -Cody of the said sheriff had been ordered by Doe Trio. an agent and 3 emloyee of said county and of said sheriff, to ride in subject 4 automobile. 5 Doe One so negligently operated said automobile as to , 6 cause it to crash into a parked automobile thereby proximately 7 causing Claimant grievous bodily injury to his general damage 8 in the sum of ONE NURSED THOUSAND,DOLLARS ($1001000.00). Claimant has incurred medical and related expenses in 10 a sum unknown to him at the present time. He alleges, on infer. 11 nation and belief, that he Will incur future medical expenses 12 for care necessitated by his said injuries. 13 14 15 Z,..0.1.E <f D' Y 16 17 18 19 20 I, the undersigned. say: 21 I am a party to the above-entitled matter; the 22 foregoing document is true of my own knowledge, except as to the 23 matters which are therein stated on my information and belief, 24 and as to those matters I believe it to be true. 25 I declare under penalty of perjury that the foregoing 26 is true and correct. 27 1 Executed on Aut-uat __47 1968 at Berkeley 28 California. 29 30 JAMS D. HOLfAiWAY 31 32 -2- M rt.. WORM CLEWS OFFICE CJ M-COSTA COUNTY Inter-Office Men* DilTB: Septenber l6 1968' Toi Office of the District Attorney Paasch,.Clerk. SUWBCTs Action No, 1I764$ o.,the Superior Court of the State of California, in and for. the (runty of,;&Za Costa,, . BW A VISTA SANITARY DISTRICT vs. _ CONTRA COSTA COUNTY SANITATION 4i4�4#f##4###f#4ffffff########!4#fffiNf#iii44444#4tiite#ii4 .��� ' " __.,.Attached is, copy ?f. SumQons and Complaint and related documents in the above-entitled action. ti Redivsd t�py=:0i_abOw-_,, manti4i»d'do�anRs�thia 1 .for tM nttorwy: i4 66-12-500 Foxe 8.4 A CJIIIITl'Y CLSBK'S OFFICE CJNTRA Cam Cou"m n: Inter-off ice',HMO _. 1 ATB: septawbar'26� 1968 108 Office of the astrict Attorney FRONS W.`T. Paasch, Clerk " SIIHJSCT: Action No. 112���� of the Superior Court of the State-of California,--in and . for the pounty of Contra Costa, CITY"OF CONCORD CIS L,NM :CREffiC BQAR �II i11ISOR3 Og , as ex-oftioio=thy Governing Board of Storm.Drain Maintenance Dietriot No. 1 'et al. Attached is cvpY of S related doo=anta in-the-above-entitled action. RecaLved cmi of mov's . � �_•," sentlos� o ��this� 19 f6e tlM�ter" AttoraeY _ 66-12-SOo � Lose-8,4 CJUNry CLmM1S JBFICrb CONTRA COSTA COUNTY inter-Office NOS* MilsSeptembgp ,12� 1968 r. TO& Office of the i7lstrict AttornaY_ lrii0li: 'M. T. Paasch, Clerk c 8VBJ8CT: Action No. 111581 of the Superior Court of the State of California, in and for the County of Contra Costa,: FRAt1K J. BAMCMTIM ve WESTERN STATES LEASE CORP. MOCK, et al • Mr ssesss**as+**�•�**.•es****ssss**�*est**��ssssseesesee��ssss _ <' Attached its copy of Summs & CompLint in the above-entitled action. Received C meati " ' 1 f0=;��M��aa�r!��� g i 66-12-500 lbsa 8.4 4 t . September 10+ 1968 Thomas Van Voorhis Attorney at Law Campbell, Van Voorhis & Bybee 1325 Locust Street - Suite C Walnut Creek, California 94596 Dear Mr. Van Voorhies Enclosed are certified copies of orders denying the claims of your clients, Sandra Hatfield, James Lee Hatfield, and Dorothy Sullivan, which were filed in this . office on August 21, 1968. Very truly yours„ W. T. PAASCH, CLERK By Dorothy Lazza=r Deputy Clerk dl Enclosures (3) t NO 71 CAmpBELT. VAN Vooams & BTasa ATTOA/KVa AT LAW - att.><t s'r OON CA �st ' taxa Locst uwacr :Tp.tF�gNc ua•toa r TtWNAs VAN Voowwa WALNUT CREEK CAUFORNIA 04596 JACK O.Waia: . OA.UM VAN VOd1Nla - August 20; 1968, RECEIVED F' L21;: M . The Honorable, The Board of Supervisors M T,VAA%«w Qw of the County of Contra Costa Administration Building Martinez, California 94553 Dear Sirs: : Enclosed please find three claims filed on behalf of (1) Sandra Hatfield (Z) James Lee Hatfield (3) Dorothy Sullivan The content of said claims is self-explanatory. Very truly yours, ,BYBEE s Van Vo, s 'lV:mw .Encs. . Certified Mail Return Receipt Requested . x b o,v rte• >_ � m- rt A v cli P� tt W>o aI.-M0 N ft Clio tt00CR �a. 0 tps 1+A fD CL txl soma. w 00 as r�r .a V( CLAIM AGAINST CONTRA COSTA COUNTY RoutingEndoraesernts', Claimant: Sandra Hatfield fl } 'CT1���1�4iJ Address: 146 Detroity Apartment 1-D, Concord, Calif hAa Attorney: Thomas Van Voorhis, Attorneys at Law, 13.25 Loc at,Stragt„rr�;Cr Walnut Creek,' Californi��s� 06 tT f ` Amount: $1,002,625 CaNTEtA GggiA GU'Ji�i r,ei Date Filed: August 21, 1968 By_maily postmarked' uaust I. FROM:. Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient and'does,.it comply substantially with Government Code Sections 910 10.2? ..0 DATED: . Ausu . , 1868 W. T. PAASCH, By Dors - II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code' Sections 910 and 910.2. QAC Above claim FAILS to comply substantially,with,said Sections: 00 Board.may not act on claim until 15 days after notice is given by this office; ( ) Do not file claim, time limits have expired. X We recommend referral to: n County's general insurance carrier; Other insurance carrier; District Attorney. DATED: $-s a-b 8 JOHN A. NEJEDLY, By Deputy III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business Services' Manager (2) District .Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was=REJECTED by. the Board of Supervisors on3•p 10_ 1464 (oopy' of Board Order also attached). aae 3'0claim to ' the Countyts general insurance'carrier (or' Claimant notified of this action per.Governmen e.;See— tion 913 an�e..b.r 10. i968#nd'memo'thereof' 11ed:and. endorsed on aTa , per overnment Code-Section; 9703.. DATED: a.^t.. ,._0 ia&g W. T. PAASCH, B3►- IV. FROM: (1) Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DARTED: Sept. 7A. 1968 Public Works, By DATED: Sept. ]�. 1968 District Attorney, By pu y DA-81:1M:4/66 r i 1 CAMPBELL VAN VOORHIS & BYBEE . Thomas Van Voorhis 2 Attorneys at Law 1325 Locust Street 3 Walnut Creek, California 94596 FILED:- 4 '� L-"E D. 4 Telephone: 932-1661 AUG 2111958 W.-T.PAASCH _ - C�IRK iOAKD Of SU►L•RVISOR& 8 .. TA 7 8 CLAIM OF ) 9 SAMW HATFIELD; ) 10 Claimant, , CLAIM FOR PERSONAL INJURIES 11 I vs. ) (Section-910 of the 12' THE COUNTY OF CONTRA COSTA, Government-Code 13 a Body Politic. ) 14 g 15 TO THE BOARD OF SUPERVISORS,_COUNTY OF'CONTRA".COSTA, STATE OF, CALIFORNIA- 17 - YOU ARE HEREBY NOTIFIED that SANDRA:HATFIELD,:whose 18 address its 146"Detroit, Apartment 1-D," Concord, ,California - 19 claims damages from the Count of Contra Costa in the amount 2D :.computed as of the date of presentation of"thisrclaiu" of ONE, 21 -MILLION TWO THOUSAND SIX HUNDRED TWENTY-FIVE DOLLARS`: 22 ($1,002,625.00). 23 This claim is based on.injuries sustained,by the;claim 24 `ant from the period of June 13, 1968, through Au 25 the City,of Pleasant Hill; County of.Contra Costa, under the. t 28 following circumstances: - That the claimant'a"'sister-iu lav made 27 and published false and highly unbelievable'statements to.'.the 28 -.Sheriff's Office of Contra Costa County, and to the`District 29 _ Attorney's Office of Contra Costa County regarding said"claimant's 30 treatment of:her minor"children.= That--without imrestigatings-into- 31 the matter, said County agencies, in concert with the Probation 32 Office of this County, caused.a criminal complaint to be•issued aw�u,inr w�� aana . '..Avw.csmo.....r. I charging said claimant`with violation of Section.`'273(a)': of-the 2 Penal Code of the State of California. That the purpose of 3 issuing.said complaint was to incarcerate said claimant,, so,that 4 the minor children of said claimant would-be taken into=custody by 5 the Probation Department of this County. `That your.claimant was 8 .then arrested and placed in the Contra Costa County Jail for.:a 7 period of approximately six days,' and was thenar " eleased-:upon bail, 8 of $1,250.00. 9 That subsequent thereto the Probation Department of the _10 County of, Contra Costa made an investigation into the matter and 11 I determined that said minor children had not in fact been abused, 12 and that your claimant-was a fit and proper 4ersoa to have custody 13 I of said children, and as such:said children:were,returned to your, 14 claimant on-or about July 1, ,1968. 15 Thereafter, on July 3, 1968, the Probation.Department 18 of this County made its recommendation to the Juvenile Court-.of - ,17 ourt of,17 Contra Costa County, and recommended that thepetition to 18 have the children made wards of the County be dismissed ,and-on 19 July 5, 1968, the Juvenile Court.of the County of'Contra Costa 20 dismissed said petition. 21 At such time, the-Distriet-Attorney's,office was 22 informed of. the findings of the Probation Department, and:the 23 District Attorney's Office indicated that they would dismiss 2� the criminal complainton file against your claimant. 25 Thereafter, on or about July,15 1968, the.Distiict 28. :. Attorney's Office advised that they Would dismiss.said action= - 27 but wanted a release from your claimant from any,:liability, you could;nr 28 , claimant, through her attorney, advised that the:County.' ot 29 be released in view of the damages.sustained by:your"claimant;` 30 and the District Attorney's•_Office�:thereafter`said thatth ;, ey-youl 31 have no alternative but to continue with the prosecution in view 32I of claimant's refusal to release the County of any liability: aMwu,w � -2- ..�.�. 1 The names of the public employees causing claimant's 2 injuries under the described circum stances"are not knwn",at:this 3 • time; however, they include members of the Sheriff's Office;of 4 the County of Contra Costa, personnel of the District Attorney's -;5 Office-of the County'oE Contra Costa, personnel of the.Probatidn 8 1 ,Department of the County of Contra. Costa, and other County, 7 employees; the exact names of said employees will"be providedto 8 ,you as soon as they are ascertained. The rinjuries"sustained,-"by 9. :the claimant, as far as known, as-of the date-of;presentationof 10 this claim, consist of humiliation, physical and`'mental`.auffering, 11 and other special and general damages as set forth hereafter,` 12 The amount claimed, as. of the date of,,presentation.- 13 this claim, is computed as follows: a 14 Damages incurred to dhte `> a 15I 1. Estimated damages for medical 18 JI and hospital care .:; 500,00 17 , 2. Attorney's fees for the defense 18 of the'"ciiminal action ............ .... .1,000:00 19 3. Bail bond premium .......... ."...: ....:'.. .,125::00 20 4, Miscellaneous damages .131000x00 21 5. Generaldamages ..... ......°......... 1`,000,000" 00 , 22 Total damages incurred to date '.... $1;002;625:00, 23 which is the total amount claimed as .of the date'of presentation 24 of this claim. 25 All notices or other communications with regard�.to"this 28 claim should be.sent<to your claimant's attorney,,THOMAS'-,VAN,- 27 HOMAS-.VAN:27 VOORHIS ESQ., at 1325 Locust Street, Walnut Creek,-Califoinia, 28 Dated: August IK-- 1968: " 2930 31 Claimant , 32 TV?be aovm .�o . ` NOTICE OF INSUFFICIENCY • To: tho�aa Voorhis. Esq.. Re: Sandra Itatriald 1325t Streat 'Suite C WaLwt , California 9+596 You bill Please Take tice as follows: The claim presented by you to the County.of Contra Costa faile..to Comply substantially with the requirements of California Government Code Sections 910 and 910.2 or is otherwise insufficient for the reasons checked below. Z 1. Said claim fails to state a cause of action against,the County of Contra Costa or any employee;thereof. 2. Said-claim.was not presented within.the time..limita prescribed in California Government Code'Section:911.2. 3. Said claim fails to state.the name and post.'office•-address of the claimant. 4. .Said clalm fails to state the.post office'address,:to-.which the person presenting the claim dealrea notices to.:be sent. 5: Said claim fails to state the date il plsce..`or other'circum- stances of the occurrence or transaction which gave.rise to the claim asserted. 6. Said claim fails to state the name,or names of the. . public employee or employees causing the in uiY, damage,'or loan , if known. 7. Said claim fails to state the amount claimed ae of-:the date of presentation, the estimated amount.of any prospective.;. injury,'damage, or loss so far as known, or the basls of computation of the amount claimed. 8. Said claim is not signed by the claimant or by some person on his behalf. 9. Other: i0mi A witbul. District Attorney By Paul Y. Puy D18tr1Ct.Att0rney CERTIFICATE OF SERVICE BY MAIL .5) (C.C.F. 1012, 10138, , I certify that my business address is the District�Attorneyls Office of Contra Coata County, County Court House, P. 0. Box.670, Martinez,. California,' and I am a citizen of the United States, over,l8 years;:of .age, employed in the County of Contra Costa, and not a`party to the.: within action; I served a true copy of the within Notice of Insufficiency by placing said copy in an envelopes) addressed as designated above, .which is/are place(s) having delivery service by U.S.:Mail, which envelopes) was then sealed and, postage fully prepaid thereon,-.and,thereafter.w1in , on this day deposited in the United States Mail at:Msrtinez, Conti,e Costa County, California; I certify underpenalty of perjury that the.foregoing's.true,,and correct. Dated: Augaat 26, 1968 , at,Martinez, California: /a/ Batty Yheatlay lIIB: r - - oe: Clerk of Board of Supervisors Public Works Department A-82:250:4/66 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: James Lee Hatfield D EVEllv Address. 146 Detroit, Apartment 1-D9 Concord, Califo ;1 r,21 1968 Attorney: Thomas Van Voorhis, Attorney at Lax,.1325 LoT,, n$ i"5 C�iiCL Walnut Creek, California �aA�?TIuZ Amount: $1.003,125 CONTRA CGSTA.COUi4T i,CALIF Date Filed: August 21, 1968 By mail, postmarked August. I. :FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient and does it comply substantially with Government Code.Secti4gb 1 910.21 , DATED: August 21, 1968 W. T. PAASCH, By.Dorothy; zz pu y II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code` Sections 910 and 910.2. X Above claim FAILS to comply substantially with Bald Sect ons Board.may not act on claim until 15"dsys.after - notice is given by this office; ( ) Do not file claim, time limits have expired. We recommend referral to: 1A County's general insurance carrier; . (( )) Other insurance carrier; District Attorney. DATED: A- Z—G 8 . JOHN A. NEJEDLY, By Do pn y' III. FROM: Clerk of Board of Supervisors TO: - (1) Public Works Department, Attention Business 4 Services,': Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which:was RFJECTED'by the.Board of Supervisors on September 10, 1968 :(copy-of Board Order also attached), Please orrard thins claim to the County's general insurance carrier,(or ).. Claimant notified of this action per,Governmen a tion 913 onSe tuber 10 196%and meow thereof-riled:and!, endorsed on c a m, per, overnment Con 29703* DATED: September 10, 1968 W. T. PAASCH, By, ro La rini IV. FROM: (1) Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: Sept. iiz'1968 Public Works, By�itn !tiu-� �p DATED: Sept. i�;1968 District Attorney, By epu y DA-81:lm:4/66 NOTICE OF.INSUFFICIENCY To: Thomas V Voorhis, Esq. 8e: ' Jare'Lee Hatrield 1325 Locus Street, Suite C Walnut Creek California 94596 You Will Please Take otice as follows: The claim presented by you to the County of Contra Costa fails 1to comply substantially with the requirements of California Government Code Sections 910 and 910.2 or is otherwise insufficient for the reasons checked below. .1. Said claim fails tostate a cause.of action against ,the County of Contra Costa or any employeethereof. 2. Said claim was not presented within the timelimits prescribed in California 0overnment;Code-Section 911.2. 3. Said claim fails to state the name` and>post office_address; of the claimant. 4. Said claim fails to state the post office address to!which the person presenting the claim desires notices to be sent., - 5. Said claim fails to stats the date, place or other circum stances of the oecurren-• or transaction xhich'rave.rise to the claim asserted. 6. Said claim fails to state the name or names of the public employee or employees causing the injury, damage, or loss, if known. 7. Said claim fails to state the'amount claimed as of the date of presentation, the estimated amount of any.proepective Injury, damage, or loss so far as known, or the basis of. computation of the amount claimed. 8. Said claim is not signed by the claimant or by, some person: on his behalf. 9. Other: JOHN A. NEJEDLY District Attorney By eputy s r ct- t orney,: CERTIFICATE OF SERVICE BY MAIL' (C.C. . 1012, 1013a, 9 2 , 2 15.5) I certify that my business address is the District Attorneys Office :_ of Contra Costa County, County Court House, P. O. Box .670, Martinez, California, and I am a citizen of the United States, over 18 years of age, employed in the County of Contra Costa, and not a party,to:the within action; I served a'true copy of the within Notice of Insufficiency by placing said copy in an envelope(s) addressed as designated above, which Is/are place(s) having delivery service by U.S. Mail, which.envelope(s was then sealed and postage fully prepaid thereon, and-thereafter was, on this day deposited In the United States Mail at Martinez, Contra Costa County,`California; I certify under penalty of perjury that the foregoing-Is-true and correct Dated:_ at 26, 1968 , at Martinez, California. /e/ Betty Wheatl" PWB: x cc: Clerk of Board of Supervisors Public Works Department DA-82:250:8/68 w 1 CAMPBELL, VAN VOORHIS & BYBEE Thomas Van Voorhis 2 ,Attorneys at Law , - 1325-Locust Street 3 Walnut.Creek, California 94596 4 Telephone: 932-1661 6 .�'-i.a,:D 7 s AUG 211958 W T. PAASCH $ CLCnK 6GAea or:2UPE vrso s ''C4 i C037w"CO. 6Y OpYrY 10 I1 i CLAIM, OF 12 JAMES LEE HATFIELD, . 13 Claimant, 14 Vs. CLAIM,FOR PERSONAL` INJURIES 15 THE COUNTY OF CONTRA COSTA, (Section 910 of-the Government Code) is a Body Politic. 17 - 18 TO THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA: 19 20 YOU ARE HEREBY NOTIFIED that JAMES LEE HATFIELD,`,irhose 81 address is 146 Detroit, Apartment I=D, Concord,;:California," 28 : claims 'damages from.the County of Contra'Costa in the amount,` 23 computed as of`the date of presentation of this-claim, of 24 ONE MILLION THREE THOUSAND,ONE HUNDRED TWENTY-FIVE DOLLANS. 25 ($1,003,125.00), 26 This claim is based on injuries sustained by."the claim 27 ant from the period of June 13, 1968 throujbl t. l, .1068, in 28 the City of Pleasant Hill, County of Contra Costa, under 29 following circumstances That the claimant's sistei'made and"' 30 published false and highly unbelievable statements'to.the 31 Sheriff's Office of Contra Costa County, and to the District 32 Attorney's Office of Contra Costa County,regarding said a anax •ireup�.r a.w. '•:I� �dts uwt aersr � '. 'MMWY7 Ca[O[.G.LIF. aorc w-raar - s Y 1 claimant's treatment of his minor children. 'That without ; 2 investigating into the matter, said County agenc£es,;in concert 3 with the Probation Office of,th£s_County, caused a criminal 4 ` complaintto be issued charging said claimant with violation of 6 Section 273(a) of the;Penal Code of the State of California:. . 6 That the purpose of issuing said complaint:was to.iricarceraie 9. sand claimant; so that the minor children of said claiasnt>would ,-`. 8 be taken into custody by the Probation Department.,of thi*,C1 unty p: That your claimant was then arrested and placed in the.Contra. . 10 i Costa County Jail for a period of approximately four;hours;'and 11 !; was then released upon bail of .$1,250.00. 12 That subsequent thereto the Probation Department of 13 the County of Contra Costa made an investigation into the matter 14 i and determined that said minor children had not in fact been 15 abused, and that your claimant was' a fit.and proper person ,ta le have custody of said children, and as such.said children were 17.� returned to your claimant on or about July 1, ;1968 18,� - Thereafter, on July 3, 1968, the.Probation.'Department 19 of this County made its recommendation to the`Juvenile Court of 20 Contra Costa County, and.recommended that the.petition to Have 21 the children made'wards'of the County:be dismissed,:and'on:'i ' 22 °July 5, 1968, the Juvenile Court:of the;Count"f. Contra Costa 23 'dismissed said petition. 24 At such time, the District Attorney 1'a Office was 25 informed of the findings of the`Probation.Department ' and,the 26 District Attorney's office indicated that they wouldi!.diemiss the 27 criminal complaint on file against.poui claimant . 28 Thereafter, on or about July 25, 1968, the'District 29 Attorney's office advised that they would dismiss sa8'acton 30 but wanted a release from your claimant any iiatiiiity; 31 your claimant, through his attorney, advised that the County 32 could not be released in view of the damages sustained by,your itrwoi ww wars w.0 uT Comm MAW. ....� 1 claimant, and the District Attorney's Office thereafter,:said.that 2 they would have no alternative but to continue with the.prosecuti 3 in view of claimant's'refusal'to release the County of any 4 liability: 6 The names of the public employees causing claimant s g injuries under the described circumstances are"not known at this time; however, they include members, of.the Sheriff's'Office of the g County of Contra Costa, personnel of the District Attorney's 9 Office of the County of:Contra Costa, personnel-`of the Probation 1O Department of the County of Contra Costa,-and,other County, it i employees; the exact names of,said employees will be.pr ded to 22 you as soon as they are ascertained The injuries sustained by 13 the claimant,,as far as known, as.of the date of presentationof 14 this claim, consist of humiliation,` physical and,'mental suffering, 15 � and other special and general damages asset forth hereafter.; lg The amount claimed, as of_the_date of`presentation"of .17this claim, is computed as follows 7. 18 Damages incurred to date 19 1. Loss of earnings approximately .. 1,000 00 20 2. Attorney's fees for the defense 21 of the criminal action .1,000 00 `22 3. Bail bond premium ................ 125 00 23 4. Miscellaneous damages .....' 4,606.00.1x 24 5. -General damages....... ........... ... 1,000,000 00 Total damages-incurred to date.:: .:...: .$1,003,125.00, 26 which.is the total amount claimed as of the date of,presentation 27 of this claim. 28 All notices or other communications with regard to,this 291 claim should be sent to your claimant'sattorney, THOMAS VAN 30 VOORHIS, ESQ., at 1325 Locust Street, Walnut Creek, California 31 Dated: August / 1968,n 32 @OWN"tr wms - - r,4AMS UZ HaTFULDIP,, a want •tna - _ ....�...,.n, wsss TV/be '.- w CLAIM AGAINST CONTRA COSTA COUNTY Rout r,�f7z�l +T' Ll 10, Claimants Dorothy Sullivan Address: 2971-A Cherry Lane, Walnut Oreek CalifornASTR«T A T-10 cr r�q i� GA(iF Attorney: Thomas Van Voorhis, Attorney at Lex, 1325iMM 'S�r'e�it, Walnut Creek, California Amounts $1,002,125 Date Filed: August 21, 1968 By mail, postmarkedAuRust 20. 19 I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient and does it comply substantially with Government Code Sectians.910 and 910.2 r080 te . DATED:' au�uar �i� i96H W. T. PAASCH, By - DeDu Y II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially-with said Sections: (>e Board may not act on claim until 15 days atter notice is given by this office;. ( ) Do not file claim, time limits have expired. . _X We recommend referral to: ( County's general insurance carrier; (( Other insurance carrier; District Attorney. DATED: B-a z-L S JOHN A. NEJEDLY, By Fl III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention Chief.Civil Deputy Attached are copies of above claim which was REJECTED-by the Board of Supervisors on�3e��C�■1e__s.10. 1964- (copy of Board Order also attached). ��e3orwar$nza claim;to the County's general insurance carrier (or ). Claimant notified of this action per:Governnen e> c- tion 913 on September 10. I%Bjpnd memo thereof'ailed=and endorsed on cTa m, per overnment Code Sects 2 03. DATED: Septoober 10, 1968 W. T. PAASCH, By De1puzy IV. FROM: S1 Public Works Department l2� Office of the District Attorney TO: Clerk of.Board of Supervisors This acknowledges receipt of copies. of'above claim and/or board order, and forwarding.endoreement III. �Z DATED: sant. 1Y_ 1968 Public Works, By DATED: ,ant_ 1968 District Attorney, By .A ipW DA-81:1m4/66 1Q-d- .. r NOTICE OF INSUFFICIENCY To: Thomas Wan Voorhis, Esq. Re: Dorothy 3u111van 1325 Locust treet, Suite C Walnut Creek, California 94596 You Will Please Take Notice as follows: The claim presented by you to the County of Contra'Costa.:fails to' comply substantially with the requirements'of California Government Code Sections 910 and 910.2 or is otherwise insufficient for the reasons checked below. _x 1. Said claim fails to state a cause of action against the.. County of Contra Costa or any employee thereof. '. 2. Said claim was not presented within;:the time limits prescribed in California 0overnment Code Section..911.2.: 3. Said claim fails to state the name and;post;office address = of the claimant. -4. Said claim fails to state the post.office address to which the person.presenting the claim desires notices<'to`be,sent 5. Said claim fails to stag the date,place.or:other`circum stances of the occurrence or transaction which pave rise to the claim asserted. 6. Said claim fails to state the name or names of'the public employee or employees causing the injury, damage, or loss, if known. 7. Said 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. 8. Said claim is not signed by the claimant .or by some person on his behalf. 9. Other: JOHN A. NEJEDLY District'Attorney By Taututy W. epsOf.t Attorney CERTIFICATE OF SERVICE BY MAIL (C.C. . 1012, 1013a, 9 2 , 2015.5) I certify that my business address is the District Attorney's Office of Contra Costa County, County Court House, P. 0. Boz-670,.Martinez, California, and I am a citizen of the United.States, over`18 years-of age, employed in the County of Contra Costa, `and not a party to the within action; I served'a true copy of the within Notice of Insufficiency by placing, said copy in an envelope(s) addressed as designated above.,-which Is/are place(s) having delivery service by U.S i Mail, which envelopes. 'was then sealed and postage fully prepaid thereon,' and thereafter was, on this day deposited in the United States Mail at Martinez,' Contra Costa County, California- 1-certify alifornia;I certify under penalty of perjury that the foregoing Is true and correct. Dated: August 26, 1968 at Martinez, California. PWB:b cc: Clerk of Board of Supervisors Public Works Department DA-82:250:8/68 L' :1 CAMPBELL,'VAN VOORHIS & BYBEE Thomas Van Voorhis 2 Attorneys,at Law_ 1325'Locust Street b Walnut Creek, California 94596 4 Telephone: 932-1661 UE s Al1G 2.11968 B CLiI�K� O0 zu RV1_ 7 By 8 CLAIM OF 9 DOROTHY SULLIVAN, ). 10 Claimant, ) CLAIM FOR:PERSONA7i'IdDURIES r u vs. ) (Sectioa 910 of:the Govern -M 12 � THE COUNTY OF CONTRA COSTA, 13 a Body.-Politic. _ µ. � 14 15 ! TO'THE.BOARD,OF SUPERVISORS, COUNTY OF;CONTRA'COSTA, .STATE OF 18. CALIFORNIA: 27 YOU ARE HEREBY NOTIFIEDthat DOROTRY. SULLIVAN, whose.;, 18 address is „2q /.QNB usoluJi G lg claims damages from:the County of•Contra Costa in ahe amount, ' "gp computed as of the date of presentation of this claim of g1 ONE MILLION TWO THOUSAND ON&HUNDRED`•1WENTY-FIVE DOLLARS , 22 ($19002,125.00). 83 :This claim is based on injuries sustained by .the claim 84 antfrom,the period of June X13; 196814hiough August'--L 1968, in the City of Pleasant Hill, County. of;Contra Costa, under the 28 following circumstances That MRS.;JEAN_JAMES and MRS :GINGER;, 27 PERCEL made an&published false and highly'uobelisvable',state 28 ments to the Sheriff's Office of Contra.Costa County,.and to the 29 District Attorney's Office of;Contra Costa. County.regarding:said 30 claimant's treatme'nt'ef der::ain�r''children:: TbatNwithout 31 investigating into the matter, said County agencies, iqo 'cacert 32 with the Probation Office of this County, caused a-criminal wwea4 wii Inas 11f1LL111RQRfO[.OwLv. - - I complaint to be issued charging said claimant°with violation of 2. Section 273(a) of the Penal Code of the State of California 3 That the purpose of issuing said complaint was.to incarcerate 4 said claimant, so that the minor children of said claimant:wouu ` 5 be taken into custody by the,Probatioti.`Department of this"Count'y. 6 That your claimant was, then arrested and placed in the Contra a 7 Costa County Jail for a period of approximately :six days; and 8 was then released upon bail of $1,250.00. g That subsequent thereto the Probation Department of 10 the County of Contra Costa made-an investigation into the''matter: lI and determined that said minor children had not in.fact bees. 12 abused, and that your claimant was a`fit andproperperson to. 13 have custody of said children, and as such said childred were. >` 14 ( returned to your claimant on or about July 1, 1968..- 15 Thereafter, on July 3, 1968, the Probation Department'" 18 ( of this County made its recommendation to the Juvenile Court of 17 Contra Costa County, and recommended that the:petition to-;have 18 the children made wards of the County be dismissed,:and,on 19 July 5, 1968, the Juvenile Court of the Countyof Contra, Costa 20 dismissed said petition. 21 -At such time, the District Attorney's Office was 22 informed of the findings of the Probation'Department, and; 23 District Attorney's Office indicated that they would dismiss 24 the criminal complaint on file against your,claimant 25 Thereafter, on or about July: 15, 19689 the District 26 Attorney's Office advised that they would dismiss.said action l 2 but wanted a release from your claimant from-any liability; 2s your claimant, through her attorney, advised that the County 29 could not be released in view of the damages sustained by your 30 claimant, and the-District'Attorney's office: thereafter-said-,that 31 they would have no alternative but to continue with.the prose- 32 cution in view of claimant's refusal to release the County+of nna W -2- 'i I any liability. 2 The names of the public employees.;caiiing claimant's S injuries under the described circumstances are not,kha0h at this 4 time; however, they include members.of the Sheriff's Office of the County of Contra Costa, personnel of the District:Attornep!s g Office of the County of;Contra'Costa- gersonnel of_the Probation Department of the County of Contra Costa,•and.other County g employees, the exact names of said employees,;will be provided to 9 you as soon as they are ascertained. ` eViri3uries-sustain Thed 10 by the claimant, as far as known, as.of the,date. of,presentation 11 of this claim, consist of humiliation; physical and mental suffer 12 ' ing, and other special and general damages 'as set`-forth-here after 13 The amount-claimed, as of the` date of presentaiion,of th s 14 � claim, is computed as follows: 15 Damages incurred.to'date lg 1. Attorney's fees for the defense of the criminal action ,,; .,. 17 18 2. Bail bond premium .. ".125 00: ls' 3. Miscellaneous damages.. 1!;000 001 20 4, General damages........... 1 000';000 00: 21 Total damages incurred to date ., $1,002;125 40 2s which is ,the.total amount claimed as`of .the date of presentation x 23 of this claim. 26All notices or other communications with regard to this T � 25 claim should be sent to your claimant's attorney, :1HOMAS.VAN V S,k 26 ESQ., at 1325 Locust Street, Walnut Creek, California. 27 Dated: August /S 1968. 28 29 30 31 Claimant: 32 TV/be Mr.acurw�i..ar- .rrruur a�snr.uur. srsrs n�sii�-urr� CLAIM AGAINST CONTRA COSTA COUNTY Rout Endorsements, Claimant: Helen Frank Address: 59 Evergreen Street, Orinds, Caliromia AUG 2 3 1966 Attorney: Thomas F. Po i Attorney at Iain DISTRICT ATIORklEY$OFFlC6 gg y , 726 Central Oakland, California:.. 904M COSIA�CWF Amount: $1,670 (as of tine of presentation) Date Filed: August 23, 1.968 By mail, postmarked' iL::;#3:a iaGt I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient and does',it comply* substantially with government Code Sections no a 910.2?. ' DATED: luanat 23. 1968 W. T. PAASCH, Ile py v II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections: { ) Board,my not act on claim until 15 days.after notice is given by this office; ( ) Do not file claim, time limits have expired. We recommend referral to: ( County's general insurance carrier.- (((( Other insurance carrier; District Attorney. DATED: L.Ayga JOHN.A. NEJEDLY, By g! III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business A Services Manager (2) District Attorney, Attention Chief Civil;Deputy Attached are copies of above claim which was REJECTED,by the Board of Supervisors.on (espy of Board Order also attached).-�ea�se rorwa�_ olaim to the Countyla general insurance carrier (or ) Claimant notified of this action per Govein-W- n e See - tion 913 on n&mr 1968, and memo thereof, riled and endorsed on cTa , per vernment Code Section 29703.- DATED: Sept. 3.19668 W. T. PAASCH, BY'M�, Deputy IV. FROM: (1) Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above-claim and/or board order, and forwarding endorsement III DATED: Seat. 3. 1968 Public Works, By �"Aft". � -0-4: DATED: SeaA. & 1968 District Attorney, Deputy DA-81:1M:4/66 September 3, 1968 Freitas, Allen, McCarthy, Bettini k MacMahon Attorneys at Law 960 Fifth Avenue San Rafael, California 94901 Gentlemen% Enclosed is a certified copy of an order adopted by the Board of Supervisors on the above date, denying the claim of your.client Jerome W. Gates. Very truly yours, W. T. PAASCH, ,CLERK By orothy zzar Deputy Clerk dl' Enclosure i' • • /2G1168 ,* 1 FREITAS, ALLEN, 1VICCARTHY, BETTINI&MacMAHON 2 960 Fifth Avenue San Rafael, California 94901 3 Telephone: (415)456-7500 4 Attorneys for Claimant . a ILED98 JEROME W. GATES, � ) FILED - . - 7 Claimant, ) .2,'22 f AUG2-1%8 8 vs. ) W.T.PAASCN 9 UNITED STATES OF AMERICA, ) r CqWA coymyv - DEPARTMENT OF JUSTICE, THE 10 FEDERAL BUREAU OF INVESTIGATION, ) THE COUNTY OF CONTRA COSTA, THE ) 11 CITY OF NOVATO AND DOES ONE ) THROUGH SIXTY. ) Z 12 ) CLAIM FOR DAMAGES E n ` lb TO THE ABOVE NAMED PUBLIC ENTITIES: a <o r Y c 14 . You are hereby notified that JEROME W. GATES, whose address is QY:< o 450 9 Prestwick Court, Novato, California, claims damages from the above named , f d 16 public entities in the amount, computed as of the date of presentation of this Cato W o 4- J-z i 17 claim,.of$100,000.00. a •` 28 This claim is based on damages sustained by claimant on or about F w 4 ~ 19 April 27, 1968, in the vicinity of the Marin Golf and Country Club tract, 20 Novato, California, under the following circumstances: 21 On the above date at or about the hour of 8:00 o'clock a,m., while 22 claimant was driving his automobile in the vicinity of the Marin Golf and 23 Country Club tract near the City of Novato, the public entities and persons 24 abode named and their agents and officers, acting ng within the scope of their 25 respective employment, maliciously and without warrantor process or.legal 26 authority of any kind whatsoever, forced claimant to stop his automobile, and 27 then and there arrested claimant, impounded his automobile and accused 28 claimant of the public offense of kidnapping; claimant immediately protested 29 the arrest, claiming he was totally innocent of said charge;nevertheless, he:-. 30 was falsely incarcerated and imprisoned at the Novato Police Department 31� 32 1. 1 The claimed crime did not happen in the presence of the arresting officers, 2 or any of them, and the Federal, State and local police officers placed 3 claimant under arrest despite his protest, and demanded and forced him to 4 , accompany them to the Novato police station in the City of Novato;where said S police officers prepared a statement for his signature and forced him to sign 8 it; said police officers incarcerated claimant in said jail; refused for an 7 extended period of time to allow him to communicate with anyone, including 8 his wife; forced him to participate in a"line up", fingerprinted, imprisoned. ,- 9 detained him and restrained him from his lawful.freedom and liberty, 10 guaranteed to him as a citizen of the United States, for a period of approx u imately 10 hours, all of which was done by force, oppression, fraud and t?t 12 malice and without any right or authority, and against the will of claimant. Q 13 On account of the acts and conduct of the above named public authorities and >., 14 their agents and officers, as above set forth, claimant was degraded in the i> `OKI 15 eyes of his family, friends neighbor s* and business associates, and suffered' =o$ Y y g nei f[gin 18 dj a severe mental anguish and was greatly mortified, humiliated and shamed i o`f •z z 17 "thereby and was made to suffer physical and mental injury and loss of reputa= C 0Z F18 'tion, and by reason thereof was damaged in"his good name and reputation, -all IL ~ 19 to his damage in the sum of$100,000.00. 20 Claimant is of good reputation and he had never previously.been 21 charged with any offense whatsoever. 22 The names of the public employees,. agents and officers,causing 23 claimant's injuries and damages under the described circumstances are not known to claimant, and are thereby herein designated as DOES ONE through26 . SIXTY. 26 ' All notices or other communications with regard.to this claim should:b9: 27 sent to claimant at the offices of his attorneys, FREITA% "ALLEN, McCART 28 BETTINI& MacMAHON, 960 Fifth Avenue, San Rafael, California 94901, 29 Telephone: (415)456-7500. 30 DATED: This 2nd day of August,. 1968. 31 FREITAS, A EN, McC HY, BETTINI&Mac 32 ' By PARY T.'GIACOMINI Attorneys for Claimant 2. ( TICE OF INSUFFicnNcr t uau... Al1 ., xacartby, "Mal a nexaboa .YAO `ate Attesw " at Lar ytaa •. 00 h1lt oA1al11aGal sam darasl, caur., 94901 Attu: airy S. ; You Will Please Take Notice as follows: dam, ��• Tha claim:presented,by'you to the County of Contra Costa fails to e mply;subatantially with the requirements of California, floverpment Code Sections 910 and 910.2 or is otherwise insufficieni–rdi'the reasons checked below. Said claim Pails to.statea cauee ,ol.action againatthe County of Contra' Costa or any employee':thereof'* 2. Said .claim was not presented•sithin.the time limits, Prescribed in California Government Code Section 911.2. 3. Said claim rails to state the name and post office address of the claimant. 4. Said claim rail;-to.state :the.post office"addreas to which''; the person presenting the claim deaires;.noticea..to be sent: 5. Said claim.fails to state the date,-place or,other.eircu® stances of the occurrenceor transaction which,gave.rise to the claim asserted. 6. Said claim fails to state thename or names of;the public, .:` employee or employees causing the injury,:dsmege,.,or, loss' if known. 7. _ Said claim fails to state the amount cleimed.sa of the date' of presentation, the estimated amount of any prospective Injury, damage, or loss so far as known, u or the beaof computation of the amount claimed. 8. Sold claim is not signed by the claimant or by some.person"� on his behalf. - 9. Others JOHN A. IiEJBDty,; District Attorney . PAUL W. BAKER `7 BY pawl M. but- pu y a c o�— CERTIFICATE OF SERVICE Sr MAIL " (C.C. ,. I certify that my business address to the District Attorney's Office of:Contra.Coate County, County Court Souse,;P.-0.`Box.670,:,Mertinez, California, and I am a citizen of the United States,' over,18 `yeara.of r age, employed in the County of Contra Costa,and not a"party to:the within action; =~. I served a true copy of the within Notice of 2nsui'ticiency by.placing'. said copy in envelope addressed as designated'above;.which In/are place(a) having delivery service by U.S. %il,,.wh ch:envelope(a) wss.thew sealed and postage fully prepaid thereon,=and�.thereafter was;. on this;day deposited in the United States Mati at°Martinez, Contra . ; . ' Costa.County, California; l certify under penalty of perjury that the foregoing is" true. correct, Dated: Aacast $ , 1968 , at Martinez, California. /a! PatsKala "our Pat&k ccs 41erk of Board of Supervisors Public Works Department DA-82:250:4/66 I 7. CLAIM AGAINST CONTRA COSTA COUNTY Routing`Endorsownts Claimant: Jerome W. Gates Address: 9 Prestwick Court, Novato, California Attorney: Gary T. Giacomini, Freitas, Allen, McCarthy, Bettini &' MacMahon, Attorneys at Law, 960 Filth Ave., San Rafael,: Amount: $100,000 as of date of presentation California ? Date Filed: August 2, 1968 By delivery to Clerk-.By Willie B 1L wnn� tnw'attn,..;sy I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy: Attachedis a copy of the above claim. Is_it,sulficient and.4oes it comply substantially with Government Code Sections 9 0-a 9204?� DATED: August 2, 1968 W. T. PAASCH,.By�r II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially,with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with as id Sections: Board.may not act on claim until 15 days-after notice is given.by this office; ( ) _ Do not file claim, time limits have-.expired x We recommend referral to: n County's general insurance carrier; Other insurance carrier; District Attorney. DATED: JOHN A. NEJEDLY, By P1i III. FROM: Clerk of Board of Supervisors TO: (1) -Public Works Department, Attention Business:& Services Manager (2) District Attorney, Attention Chief Civil'Deputy, Attached are copies of above claim which Nae REJECTED<by the Board of Supervisors on eu 9::196e `(copy o! Board Order also,attached). ease ord,this claim to the County's general insurance;carrier .(or Claimant notified of this'actiom:per Goveria n e.: c tion 913 on a bfr 3. 1968, and.memo thereof,,filed and endorsed on c a ,% overnment Code Section, 3 , DATED. Sept. 3. 1968 W. T. PAASCH, IV. PROM: (1) Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim.and/or board order, and forwarding endorsement-III. DATED: SaRt. 4_ 3,968 Public Works, By, DATED: giant- y 1968 District Attorney, By, _ _ ` DA-81:1M:4/66 D MOEI �NI RI AUG 51969 DISTRICT IAd�ART�S OFFICE .a._ B. 9-3-16d <- -P. Corirna cosrA coUlm.C&F September 3. 1968 ubomas F. Poggi, Attorney at Lax 716 Central Building Oakland, California Dear Mr. Poggit Enclosed is a certified copy of.an order adopted by the Board of Supervisors on the above date, denying the claim of your client Helen Frank. Very truly yours* W. T. PAASCH, CLERK By —Dorothy Lazzarini Deputy Clerk dl Enclosure Claim for Damages To: Contra Costa County 1. The name and post office address ofclaimant are: '. Helen Frank, 59 EvergreenStreet, Orinda; California. 2. Notices are to be sent to claimant care ofe Thomas F. . Pogggi, Attorney at Law, 716 Central Bldg., Oakland, Calif ornia 94612. .3. The^claim arose as .follows: Automobile accident on May 21, 1968 on Mt. Diablo Blvd., Walnut Creek, Califoinia involving automobile owned by and driven byy. employee.of, . Contra Costa County and automobile driven by claimant, . Employee was driving County car in the course,.and„scope,of, his employment. Accident was cause by negligenf'diiving of County employee. 4. The automobile of claimant was damaged and claimant received,personal injuries consisting,of shock ;injury to forehead and right knee and_bruises on body. ' 5. The name of the public employee causing the.injury is, Byron Charles Pritchard. 6. The amount claimed at this date isasfollows::$*",000.00 for,pain and suffering; $100.00 deductible 'on'd bi es>to car; $100.00 to have other half of car.`painted;; $45D for loss of use of automobile; $20.00 medical ll,to'date.. am such other and further medical and other bills>as may here after accrue. FILED AUG C)3 JW W.T. PAASCH uCRX SAO OF t{IrR11"S"o a LAw OFFICES OF _ ALLEN, POGGI & HOFMANN loHwawucw,{R -CENTRAL BUILDING ";"LISTON O:ALLEN. IAW AND BROADWAY THOMAS F.FOGGI OAKLAND,CAUFORNIA 94612 - BURT S.HOFMANN TEYFuwB'43T7 - August 22 1968 RECEIVED AHG 23 1969' W.T. PAASCH Clerk of Board of Supervisors ;CLOW Memo oc sur�ILlrwolls of Contra Costa County P.-:O. BOX 911 Martinez, California Attln: G. Russell Dear Sir Enclosed please find original and one copy'of . Pleas -acknowledge receipt O Claim for Damagesn.copy Please-acknowledge , and return to me in enclosed envelope. Thank you. VerY truly yours, THOMAS F. POGGI: TFP/nm' T encls. Z o = Po c. o o=i _ •• O 0.�; G m N r r �roon Mr Pt m rtOAK 7� 07C mWKO N O H M • lbto 0%000 Of HO 0) rr+ma w �a o 010 tt OM w G cn " q m 0 K m _ s m m r � -o CLAIM AGAINST CONTRA COSTA COMM Routing Endorsements . Claimant: California State Automobile Association I n t a 'VIE Bureau (Stephen F. Reardon, Insured) Address:` 150 Van Ness Avenue, San Francisco. California ]IUGj 9 1968 AMIONtE (X W. T. Bain, Examiner - Subrogation SectionDISTRICT Ai fORNEY'S OFFICE MARTINEZ Amount: $293.97 CONTRA COSTA COUNTY,CALIF Date Filed: August 19, 1968 1032 By mail, postmarked`. I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it'sufficient.and does it comply substantially with Government Code'Secti 0.910:s 910`.2? DATED: August 19, 1968 W. T. PAASCN, By Dn y II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors, Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections: Board,may not act on claim until 15 days after notice is given by,this office; ( ) Do not file claim, time limits have expired X We recommend referral to: ( County's general insurance carrier; (((( Other insurance carrier; District Attorney. DATED: o_ i9cA JOHN A. NEJEDLY, By III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business a .Services Manager (2) District Attorney, Attention Chief Civil,Deputy Attached are copies of above claim'which'was REJECTED-by the Board of Supervisors on t 27. 1968 - ' So the Board Order also attached). sse ours s claim to ) the County's general insurance carrier:(or . Claimant notified of this action per Governmen tion 913 an memo,.-thereofrilad'and endorsed on c , per vernment,code Seetioa;; 9703 DATED: Avout 28.'1%8 W. T. PAASCH, By , Dorm IV. FROM: (1) Public Works Department (2) Office of the District Attorney T0: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement=III. DATED: AuQ. 28. 1968 Public Works, By, DATED: j=- 28, 1968 District Attorney, By Pu y DA-81:1M:4/66 p a 2 rl - r August 28, 1968 California State Automobile Association Inter-Insurance Bureau 150 Van Ness Avenue San Francisco, California 94101 Attention Mr. W. T. Bain, Examiner Subrogation Section Your Claim No: 80-147243-0 Your Insured: Reardon, Stephen P. Gentlemen: Enclosed is a certified copy of a board order passed and adopted by the Board of Supervisors on August 27, 1968, denying your claim which was filed in this office on August 19, 1968. Very truly yours, W. T. PAASCH, CLERK By Doro yzzar ni Deputy Clerk dl Enclosure California Sate Automobile Aftociation , ' Inter-Insurance Bureau M[RID[Mi IMRYRAMC[RDARO - RY°.HOLT M.Y.L BNt[ rwtw.o ORGANIZED 1914' n^miN•L°.N•a nL+r.ur o..a 1S0 VAN NESS AVENUE . SAN FRANCISCO _ .auLDrn..m.........o.m excDunve eaMMmct CALIFORNIA . 94101 r.co.•acNLca.o.�..... a•circn.......... .- AREA CODE 415 TELEPHONE 626.3000 •- Y++-�••� EOIHND N a MNU�.G oivtL.oansv. .81 _Now• ca.a�a H.�:wuNNlca° Nw+oNo..w.n�T•.o,o..uu Duauu r.auLmn..w. N•awH„.NUM.wcr .. cu.a • .waarlcP.oH - - ® -q rrc�w.RYW. IavlNo H.K•NN w. am - aoartp amNON. CLAIM DEPARTMENT II•n�4 wENfG ww1R D.•NLDi w. NCY.oM1M80N WM.R.CRUICKSHANK.MANAGER - HONORARY.DIRECTORS _ � - H•.OLO.I.MtLO..r..W'1u. � s•..........••sC 16 1968 +nacvN�.NmoH•Lo.wM.'.n. P•naN. AugY • CONSULTANT CRB�=RnurpTPT RBOOESTED REL IEVED A.ur, 19 1968 Clerk of the Board of Supervisors W. .I P A A S C N Contra Costa County ouaK so"o os.OUPEAVIGORS County Seat co Martinez. California py Our Claim No; 80-147243-0 Our Insured : Reardon, Stephen I. Date of Loss: 6-26-68 Dear Sir: As insurers of the 1964 Dodge 2dr. Sedan. ovued.by Staphan.I. Resrdon� 1908 Dander Street, Antioch. California, and driven by US#L We are subrogated to his right of recovery for the damage to the said 1964 Dodge 2dr. Sedan arising out of the collision occurring on 19th Street near Acacia. Antioch, California. on June 26. 1968 about 3:45.p.m.(Our, Insured reported his vehicle damaged when struck by a Pickup Track, registered to Contra Costa County, and operated by,Wiliam!c Snodsrass. who negligently pulled from the curb vhen.it was unsafe to.do so. As a result of said collision. damage in the mount of $293.97 was caused,' which includes the $100 deductible interest of our insured, in aceordanee . with copy of repair invoice attached. Attached is Affidavit of Verification in connection with this claim. By reason of the Bureau being subrogated as above stated, and by virtue of the attached Assignment of Claim and Subrogation Agreement, the Bureau is vested with the right of recovery for the above damage to the above describeEautamobile; and the California State Autosobile Association (2) August 16, 1968 Inter-Insurance Bureau does hereby sake claim against Contra Costa County for repairs in the amount of"$293.97,-which includes the $100 deductible interest of our insured.. Siucerely. �/.,T. Hain, 8sa�loer Subrogation Section Wanur - Face. cc: Pacific Indemnity Group 1956 Webster Street Oakland, California (tour File /POS APD 372052) (Your Policy f62 LF 10395) cc: Walnut Creek District Office Subscribed and sworn to before me this iU/ day of !ay T..Swift. Not Public _ : MAY T.SWIM tlahry PINk in and for the City and County of un,wo avYrr or U"rundup • o :Shie al Glilarrd� 2 San Francisco. State of Califosnii�n My commis:ion Expire:June 14,tin STATE OF CALIFORNIA )) SS City and County of San Francisco Jodi Re MARQUART , being duly sworn, deposes and That he is the Attorney in Fact for;the California State Automobile Association Inter-Insurance Bureau, claiasnt.herein; That at the time of the occurrence of the:above m ntioned damage said Bureau insured., under its policy of. inouradde, Stepbsa T. ltr W"n, residing at 1906 Dsodas Street$, Antioch, ,Califosoiav against said damage to his 1964 DodSs automobile; That said Bureau is obligated under the terms of said policy of insurance to,pay for said damage to said automobile:of-its insured described in the attached claim:and by.reason.thereof and the attached Assignment and Subrogation Agreement, said Bureau under the terms of its policy became suUraiated to•.and is the assignee of all claim and right ofid: `saInsured.rtsultir>g from said daw a or Injury; ,That said Bureau is fibir the sole<and >; lawful owner of.said claim; That he has read ths;`foresoins statement of claim and]mows the..contents thereof; .that,,the. . same is true of his own knowledge, escept':as tco the matters. which are therein stated on his information and'belief;;and as'. to those matters he believes it to be true, . zs CALIFORNIA STATE AOlOM MUR ASSOCIATION MM-INSMAX BWRAU BY Subscribed and sworn to be me' this / day of 19,d ••N••NNHN•�••NM - !!ar T SPub i� MAY T SWIFT Notary Public r+oun rump CM Ane COUn}Y of Ln rUNC, � State of California - • In and for the City and Count, MY Commission Expkes lune 14,1l69� ••NN••�NN•N••NNNjN•.., of San Francisco, State of California Fora#1445 (Rev..4-59) ASSIGNMENT OF CLAIM AND SUBROGATION AGREEMENT In consideration of the payment to the undersigned of®ebe stim Q a sym estimated .to 6e Dollars,being the full amount of loss and damage insured against under an automobile'iusurancc policy. number .....issued to the undersigned by the CALIFORNIA STATE AUTOMOBILE ASSOC1A110N. INTER-INSURANCE BUREAU.said loss and damage having occurred on or about tbt ._ bfh: day of JUNE - 19�._.the said undersigned hereby assigns and transku to said Bureau..._ Lit said claim in the above amount plus... his .additional claim for damage resulting from said accident not covered under said policy of insurance.in the amount of$.10.9.* ••-•-••.constituting a total cl•im in the amount Q a total estimated of i 293 ..... Said Bureau is hereby subrogated in_.....iZ.:_..place and stead to the extent of the above auuwat of the add total claim and is hereby authorized and empowered to sue.compromise or settle is-...a:..:._„.name or ot6enrise to the extent of said total claim for loss and damage.and to endorse in my,name nay check made payAk to me therefor.and collect and receive any money payable thereby. The undersigned covenants that..ha...ha:s—.not released or discharged any such claim or demand agatast such party or parties and that:....haft will furnish to said Bureau any and all papers and information possession.necessary foe the proper prosecution of such claim. Dated A'�J 5t O .i TRIANGLE.. DODGE 10 85 EAST ISTH STREET • PHONE 757-7200 D. S. A. ANTIOCH, CALIFORNIA'-94509 DODGE CARS DODGE TRUCKS TRAVEL TRAILERS MOBILE HOMES LEASING Ja3y ista 1168 Final 111314111: California State ♦ateaobile /Na Elia bank Pain Street be: MIS bap ialaat Crank. California fir. ate.. bead's ♦ttentieas Yr. Joaeel Lirarr. Year Order # 0 13ai31 L Frwt S,e1ia l,i Hrw f It Freat lender 3.0 ' STAS I YLt a.as ■ tie plate ora fr. brae' 6.40 a St Frost boar 3.4 A beer GA a n rear beer 360 a beer o.s b_ r ;�rter .� a.6o 1615 II Paint Nee" lot lower aIle of ser 1.2 � 13 labor -- ~---- � 308.00 parte # 72.16 lean 10j64.93 Point n t 14.50 Used 1bee1 eoror tab as low Parte and Palat and used part = 1.04 Total af3.99 Lew Dat. paid by owner 1 100.00 Dae as f 113,91 note: Sof tender waey� %�nted p Now a or Aff at no extra ooet. . . ,«ram . . . . _ . . . . . . -» aJ2� «w - � . . - \ .a. . . < .y . . : \ \� 5 } � , - . . y . . . . ciumy CLMK•s xrica meas-utfice HMO DhT138 August 23, 1968 TOs L flC* of the Dietsict AttoraaY M. T. Paaech, Clark s<IiJBLTs Acliou lto, Of tAe Superior Court o 'tM = Stab of Califosala, In a" lhr the Coualy Of:Coatra-Costa, Jack Janssen and anasen. his vife vs. Helen LaKAMP and Carl LaKAMP, Farrar Park Harbor. county of Contra Costa, at al. Attached 1a copy 7i c.n.wv�^^-a and 02=3A nt lathe above-entitled ietion. aaeaivad copy of„alowe- s�aetioead'doeuarsRa 2 of , . foe lMi�-. e 61-12-500 Dose! 8.4 j, i� ic CONM COSTAL COLWY Inter-Jlties^rta0' Di11T6sAugust 23, 1968 Tog Office of the,District Attorney lROHs M,'T Pansch, Clesk:.. . s08JmCTs Action SID0111398 . of the,Superior Court o the State of California,--In and . .. for the Comty of�OOntraCOsta, Janice Hall;- a minor, by and through '1� Mary Helen Halli •her•guardian ,litem ` County of'Contra costa, et al --------_. _. _...__... RfR!!lRRRRlRRRfRRRRRlRRRRRRRRRRffRRRRRRIRlf1!!f!!l1RR!!!R!!R Attached is copy 7f Notice of Hearing of Petition o Su rior" court of Leave to-.File__Late-Clain-and=related, ocuments is-the above-entitled action. ... -•- ---- =�_>__', _. _ Reeeiwd a.:}rr._of.:ab*Ve 41W.7enti00ed mflf��gly. - �196�, 6qM�s� y' t. r 66-12-500,.. Ift,%.8.4 CJUIJPY CLERK!S OFFICS COMMA COSTA Caum f Inter-Office mem* WT6: .August`.20, 1968 Tpj office of the District Attorney r Filcks ;W. T. Paasch, Clerk Sp, WVS Action No. 110900 of .the Superior Court of the State of Califprnia, in aad for the. Caunty of Contra Costa. ALVII9 EUGENE MOORE JACK CLARICt COUNTY OF CONTRA COSTAp,et al.'. eeeaa�+**��«:�**�:*a:•t*s���i*a*tea*•s*s���sss:,sss•see*ets Attached is copy of NOTICS OF EBARINQ DE'tITIO)f UPERIOR COURT FOR LEAVE TO FILE LATE'CLAM and re ed 04men s - t 10the above-entitled action. Received .copy of aDo ' ,asntioosd OoossnaRs �s ' ' 20th' day';o! A ........... fos;;;the• "' - Attoraey. ` /' � 66-12-500 Fom 8•.4 Y COUNTY CLEWS JFFICS CONTRA COSTA COUNTY Inter-Office Mem* DATE: August ms. 1968 Tag Office of the District Attorney FACks W. T. Paasch, Clerk, SUWWT8 Action No. 11x288 of the Super Court of the State-of California, in and for the County of Contra C*sta, C L RICHA D M. WART8S, Guardian Ad Litem' vs. COUNTY CR COMR2=- •t &I- Attached LAttached is copy of Summons and Ces o2sint In the above-entitled action. Received - above-, of above mentio..�,ned aos�sserFe falls 9 tOz'.thf Attosnsy .,, _ of- 66-12-SW Foam 8.4 August 21, 1968 Donald K. Gayden Attorney at Law Gayden and Chaffee 2034 Blake Street Berkeley, California 94704 Dear Mr. Gayden: Enclosed are certified copies of three separate board orders of August 21, 1468, denying the claims of your clients Collie James, Gartrude . Leonard, and Mr. and Mrs Charlie Sanders. Very truly yours, W. T. PAASCH, CLERK By DorothyLazi-aria Deputy Clerk dl Enclosures V CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: callie Jaws Address: 130 Mane street, Tittaiara, Califoraia Attorney: Drraand Ga=1k* Gayden and Matfee0 Attoxweys at Lar 2O3lF Blaioe Street, Berkel*y, Caiifetwia Amount: 519000,000 .Date Filed: Ja1t 26, 1968 By mail, postmarked I `FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient and does it, comply substantially with Government Code Secticas 910,a 910 2? ' DATED: JULY 26, 1968 W. T. PAASCH, By. II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code. Sections 910 and 910.2. x Above claim FAILS to comply substantially with said. Sections: {>Q Board.may not act on claim until 15 days after notice is given by this office,•++ • 2/3918 { ) Do not file claim, time limits have expired. We recommend referral to: (7� Countyts general insurance carrier; (( )) Other insurance carrier; A ?, nDistrict Attorney. q 011:1 /) DATED: (1t� /_g C JOHN A. NEJEDLY, BS► �i.,_. ,, . U pn III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business'& Services Manager (2) "District Attorney, Attention Chief Civi .De u a Al ai t Attached are copies of above claim)Which was RBJBCTED by. ' the Board of Supervisors on August 20, 1968 (copy of Board Order also attached). Please"forwarf tHW claim to the Countyta general insurance carrier_(or ). Claimant notified of this action per Goverrawn e;< e- tion 91g on x Au¢uat 21,196$,and memo';thereot filed`and . endorsed on cla m, per vernment Cad Sea ion 9703 . DATED: August 21, 1968 W. T. PAASCH, By Dor zarint IV. FROM: (1) Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: Wig_ 21- 1468 Public Works, By +uric-Q. DATED: Aaig_ 2i io68 District Attorney, By, nA-sl d 1M:4r66 D JUL 261968 DISTRICT ATTORNEYS OFFICE MARTINEZ- CONTRA COSTA COUNTY,CALIF I GAYDEN.AND CHAFFEE 2 Attorneys at Law 2034 Blake Street 3 Berkeley, California 94704 Telephone: 548-1077 , F1LED Attorneys for Claimant 5 w,4%. e WA .. 7 8 CLAIM FOR.DAMAGES AGAINST THE COUNTY OF CONTRA 9 COSTA, CITY OF PITTSBURG, CONTRA'COST&COUNTY SHERIFF'S DEPARTMENT, PITTSBURG.POLICE DEPARTHENT, 10 CONTRA COSTA COUNTY DISASTER OFFICE,;PUBLIC ENTITIES, AND WILL H. PERRY, JR. 12 * t * 13 CALLIE JAMES presents a claim for damages against the above 14 named entities and individuals in the.sum of ONE<MILLION DOLLARS 15 (413-000,000.00). le CLAIMANT'S ADDRESS: 130 Diane Street 17 Pittsburg]`Califoznia ig DATE OF OCCURRENCE: April 17 1968 19 PLACE OF OCCURRENCE: City of Pittsburg, County of'Contra Costa, 20 State of,California,' 21 SAID CLAIM ARISES FROM THE FOLIAWING CIRCUMSTANCES: ,On:or 22 about April 17, 1968, unknown officers of'the Contra Costa County 23 Sheriff's Department and the Pittsburg Police.Department,`acting 24 without search warrants or 'warrants"of arrect, and without 25 claimant's consent, forcibly and unlawfully entered thedwelling 28 lof claimant;at 130 Diane Street, Pittsburg, California,; Thia 27 forcible entry was' made pursuant to.a State of Emergency declared 28 by WILL H. PERRY, JR., the Director.of the.Contra Costa Countq 29 Disaster Office. Said forcible entry was wrongful and un- S0 constitutional in that the State of Emergency was unlawful and 31 invalid. County ordinances and rules and regulations which 32 authorized the declaration of said.State of Emergency are an OAYDEH-a ONAMCE 1' 'intrusion into an area pre-empted by.the State of California in 2 `the:Military.and Veterans-Cod '" n e Section1500 et seq,';ad ' 3 constitute a usurpation of executive,power vested exclusively in' 4 the Governor. Said unlawful entry was also in abrogation;of, y 5 claimantfs right to be secure" from,unlawful search;and seizure 8 and her right to due porcess of law, all of which.are_guarante'e T_ by the;United States and..California Constitutions and by, UnitedVy 8 States and California Statutes. 9 10 ITEMS, NATURE AND EXTENT OF DAMAGES: Claimant, by reason`.of said 11' forcible and unlawful entry, suffered an invasion'of the`.sanctity and privacy of her dwelling place, and was ,subjected to 12 1S' humiliation, embarrassment, distress and anxiety,all td-'her w 14 damage in the sum of ONE MILLION.DOLLARS ($1,000,000.00). 15 G YDEN AND,CHAFFEE 18 17 18 Donald K. Gaydeiin Attorneys for::Claimant 19' VERIFICATION 21 The undersigned declares.under.penaltyof perjury that he is one.of the Attorneys.for Claimant.in the,above claim;;that 'said.Claimant if absent from the County,of Alameda iit which the undersigned has his office; that:he has. read- he foregoingclaim,> and that.he is informed and believes;the-matters therein o be _ true, and,on that ground.allegges` the matters:therein are tsae. 24 Executed-on July 24, 1968, a Berkeley,•:California. 26 26 Donald K.'Gayden 27 28 = 29 30 31 32 OAYOEN u1O CNA"EE .,,.�....�..r -2- i� • P'OTICE OF INSUFFICIENCY'. r'd: Ga�OD�S Re: Claim against 13eet Cowuty of Contra Costa,. PSbura, California et al. ^ou 17111 Please Take Notice as follows: The claim presented by you to the County of Contra ,Costa fails to comply substantially with the requirements.of'California:Oovernment Code Sections 910 and 910.2 or is otherwise insufficient for-the reasons checked below. % 1. Said claim fails to state a cause:of action against' the County of Contra Costa or any employee;'thereof. 2. Said claim was not presented within the time-limits prescribed in California Government Code Section 911.2i' 3. Said claim fails to state the name slid post office address of the claimant..: X 4. Said claim fails to .state the post office.address to which the person presenting the claim desires notices to be sent.. :; 5. .Said claim fails to sta!a:the date, place;or other. circum, stances of the occurrence;or.transaction.,which';gave rise . to theclaim asserted. 6. Said claim fails to state the name :or names of the public employee or employees causing the injury,.damage, or.loss, if known. X 7. Said 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.th,:ba.+:-sv umputatiOn ofd w amnun. -jai nA_ 8. Said claim is not signed by the "claimant or by some person. on his behalf. 9. Other: REGE JUL 3 1968 JOHN A. NEJEDLY District Attorney W. T. PAASCH CLERK BOABD OF SUPERVISORS INOIRA cOSZA QO' By Paul W. Baker ey D'°uv' Deputy s rict At orney CERTIFICATE OF SERVICE BY MAIL (C.C.P. 1012, 1013a, 1963(24),-TO-15.5) I certify that my business address is the DistrictAttorney's'Office of Contra Costa County, County Court House, P. O. Boa 670'' Martinez, California, and I am a citizen of the United States, over:l8 years of age, employed in the County of Contra Costa, and not a"party to .the within action; I served a true copy of the within Notice of Insufficiency by placing said copy in an envelope(s) addressed as designated.above,.wtiich ` is/are places) having delivery service by U.S.'Mail, which'.envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the United States Mail at Martinez,.Contra Costa County, California; I certify under penalty of perjury that the foregoing is true and correct. Dated: July 30, 1968 at Martinez, California. (Donald K. Cayden, Esq. (2034 Bake street Pau F. Heath (Berkeley, California cc: of Board of SuperviWen. R. D. Broateh ubliC,Works Department DA-82.250:3/68 _ I GAYDEN AND_CHAFFEE Attorneys at Law 2 2034 Blake Street Berkeley, California 9470416 3 ED Telephone: 548-1077 AUG5�a968 M'%*AANN 5 dknk 6t�4 eINIMM 6 - r 7 - 8 AMENDMENT TO CLAIM FOR DAMAGES AGAINST 9 THE COUNTY OF CONTRA COSTA, CITY OF PITTSBURG, 10 CONTRA COSTA COUNTY SHERIFFS DEPARTMENT; 11 PITTSBURG POLICE DEPARTMENT, CONTRA COSTA COUNTY 12 DISASTER OFFICE, PUBLIC ENTITIES,' AND WILL H . PERRY, 'JR 13 14 15 CALLIE JAMES hereby amends her claim for damagess.against. < 16 the above named entities. and individuals as followsi 17 PLACE TO SEND NOTICES: GAYDEN AND.CHAFFEE Attorneys>'at'Law v 19 2034 Blake Street Berkeley, California 94704' 19 20 '21 22 GAYDEN ,AND;GHAFFEE 231- 24 25 AUG 2 1968 By 26 DONALD; .-GAYDEN Attorneys for,Clai nt 27 28 29 - 30 31 32 -:6"OEM wND ONAFFEE aea�■uRc rnsn - . 9pKRiY.CA r.M96{ 1 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: Xr. and Mrs. Charlie Sanders Address: 130 Corte Maria, Pittsburg, California Attorney: Donald E. Gaydea, Gayden and chaffoo, tttesaaya at:Lw, Amount: 2034 B'� Street, Berkeloy, California $1,000,000 Date Filed: Jaly 26, 1968 By mail, postmarked I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy. Attached is a copy of the above,claim. is it sufficient-and does it comply substantially with Government Code Sections 910 acid 910.2? DATED: W. T. PAASCH, By 1NN yNi�L� II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above 'claim complies substantially with Government Code Sections 910 and 910.2. X Above claim FAILS to comply substantially with said Sectns Board.may not act on_claim'until 1 days after. ; notice is given by this office; Do not file.claim, time limits have expired., We recommend referral to: N County's general insurance carrier; Other insurance carrier; District Attorney. DATED: LLL A9 JOHN A. NEJEDLY, By De III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business.4Services, Imager (2) District Attorney, Attention Chief Civil.Deputy. : and amendment thereto Attached are copies of above claiWwhich was:REJECTED"by the Board of Supervisors on August 20. 1968 (copy of Board Order also attached). ease o 'rs claim to the County's general insurance carrier (or: ) Claimant notified of this action per Governmen e, 6- tion tion 913 an A.Mat 21, 1968_, and memo,thereof."::filed and endorsed onclain, per uovernment Code Section`2 703. DATED: August 21, 1968 W. T. PAASCH, By oro th rani' GuNY IV. FROM: S1 Public Works Department l2) Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement:III. DATED: Aug. 21, 1968 Public Works, By DATED: 27- 1968 District Attorney, B-v a g� DA-81:1M:4/66 JULQ '=� 2 6 DISTRICT ATTORNEY'S OFFICE f4ARTINEZ CONTRA-COSTA 000NTf,,CAUF .," • 1 GAYDEN AND CHAFFEE D" Attorneys at Law S 2034 Blake Street JUL2C19o(3 Berkeley, California 94704 YM._T.�AAf :FI 3 Telephone: 548-1077. , 'x" oouN*r 4` Attorneys for Claimants f9 8 CLAIM FOR DAMAGES AGAINST THE.COUNTY OF CONTRA 7 COSTA, CITY OF PITTSBURG, CONTRA COSTA COUNTY!. SHERIFF'S DEPARTMENT, PITTSBURG POLICE DEPARTMENT, 8 CONTRA COSTA COUNTY"DISASTER OFFICE, PUBLIC ENTITIES , 9 AND WILL H. PERRY, JR. 10 11 MR. AND MRS. CHARLIE SANDERS present a.claim for damages 12 against the abovenamed entities and individuals in'ttie sum-of ONE` 131 MILLION DOLLARS ($1,000,000.00). 14 CLAIMANTS ADDRESS: 130 Corte Maria, Pittsburg, California 18 DATE OF OCCURRENCE: April.17, 1968: . 17 PLACE OF OCCURRENCE: City of,Pittsburg, County of Contra Costa, 18 State of California 19 SAID CLAIM ARISES FROM THE. CIRCUMSTANCES _ On or,_ 9D about April 17, 1968, unknown officers -of the;Contra Costa-County: Sheriff=s Department'.and.the Pittsburg Police Depart®ent, acting wA 82 without'search warrants or warrants of arrest,:,and without'-claim ants' consent, forcibly and unlawfully-entered:thk-dwellin" of claimants at-130„Corte-Maria, "Pittsburg, California ` This forc " ible entry wasmade pursuant to ma""State of.Emergency decla, bq 28.WILL H. PERRY, JR.,"the Director"of th'e Contra'Cos ta County,27 Di saster'Office.< Said'forcible entry was wrongful and,unconsti tutional in that the State of Emergency was ''and.-.invalid 29County ordinances and rules and regulations which authorized the 30 declaration of said State of Emergency Iare an:-intrusion into an 31 area pre-empted by the State of California in.the Military and 32Veterans Code Sections 1500 et seq; and.constitute a'usurpation of OwYc[Nµo CHAFF" -�Toaae.�s.ror� 1. executive power vested exclusively in.the.Governor. •. Said-unIaiim 2 fu1 entry was, also in abrogation of claimantO right to be secure:; 3 from unlawful search and seizure and theirright to due process of 4 law, all of which are guaranteed,by the,United.States and Califo 5 Inia, Constitutions and by United States and California Statutes 8 7.. ITEMS,' NATURE AND EXTENT OF_DAMAGES • Claimant, by,reason of said. 8 forcible.and unlawful entry, suffered an imiasion of'the sanctity', 9. andprivacy of their dwelling place, .and were:aubjEcted to humil-:; 10 iation, embarrassment, distress and anxiety, all to tieir:dabaie {` u in the sum of.ONE MILLION DOLLARS ($1,000,000:00)., 12 GAYDEN.AND CHAFFEE 13 18 15 JALD.R: GAYDEN Attorneys forClaiments 17 VERIFICATION 18 The undersigned declares under penaltyof perjury that he is one of the attorneys for Claimants in the above'claithat 19 said Claimants are.`absent from.the County of Al in•�tich the ' undersigned has his office; that'he has-read:thi •foregoing.;claim;.-'. 20 and that,he is informed and believes the matters therein to'be true, and on that ground.alleges the matters:therein':are true. 21; Executed on July,24,-1968,-at BerkelCalifornia 74 22 i` 23 24 DONAL K. GAYDEN 25 28 27 28 29 _ 30 31 32 OAYCEN AND CHAFFEE _ Omtf.CwY1.M7o.- _ • • P?OTICE OF INSUFFICIENCY• o; Mr. i;Mrs 11e Sanders Be: Clain against 130 Ca Maria Counter of Contra Costs, Pitts g, California et al. You Will Please Take Notice as follows: The claim presented by you to the County of Contra Costa fails to comply substantially with the requirements of:,California_Government Code Sections 910 and 910.2 or is otherwise ,Insufficient for the reasons checked below. X -:1. Said claim fails to state a cause ofaction against the County of Contra Costa or any employee thereof: 2. Said claim was not presented within the 'time limits prescribed in California Government Code Section-`911.2.' 3. Said claim fails to state the name and post office address •of the claimant. X 4. >,Said claim fails to state the post office address to which the person presenting the claim desires notices to be'sent. 5. Said claim fails to stats the date,.place`or other circum- stances of the occurren^e or. transaction which gave"rise to the claim asserted. 6. Said claim fails to state the name or names of the public employee or employees causing the injury ' damage, or loss, If known. X 7. Said claim fails to state the amount claimed as of, the date of presentation, the.estimated amount of,any•prospective 't injury, damage, or loss so far.as `known,''or.the`!basis of fi computation.of the amount claimed.,. 8. i c a s not signed y e claimant or by some person on his behalf. 9. Other: RECE JUL 30 1968 JOHN A. NEJEDLY District Attorney. W. T. PAASCH OLERK BOA D OFSTA�ISOVA . By Paul W:-Baker By Deoutgstrict 'At orney CERTIFICATE OF SERVICE BY MAIL- ,'—(C.C. 1012, 1013a, 1963(24),. 2015-5) I certify that my business address is the District Attorney's Office of Contra Costa County, County Court House, P. O. Box,670, Martinez, California, and •I am a citizen of the United States, over'18-years; of age, employed in the County of Contra Costa, ,and not 'a party•to the within action; I served a true copy of thewithinNotice of Insufficiency by placing said copy in an envelope(s) addressed as designated above, which ;:: is/are place(s) having delivery service'by U.S'. •Mail, which-en4elope(s) _ was then sealed and postage fully prepaid thereon,:,and"thereafter':was,.• on this day deposited in the United States Mail.at Martinez, Contra Costa County, California; I certify under penalty of perjury that the foregoing is true and correct. Dated: Ja1y $0, 1968 , at Martinez, California. 4 Donald K. Gayden, Esq. (=2034 Blake Street (_Berkeley, California Mary F. Heath acifi-Mre—rk of Board of Supervisors Publie_Works Department- R. D. Bmateh DA-82:250:3/68 } I GAYDEN AND CHAFFEE Attorneys at Law 2 2034 Blake Street Berkeley, California 3 � I LED Telephone: 548-1077 4 AUG5 X968 wrlr V. 8 AMENDMENT TO CLAIM FOR DAMAGES AGAINST:,' 9 THE COUNTY OF CONTRA COSTA, CIT Y'OF PITTSBURG, 10 CONTRA COSTA COUNTY SHERIFFS DEPARTMENT, 11 PITTSBURG POLICE DEPARTMENT, CONTRA:COSTA COUNTY,,.-.: 12DISASTER OFFICE, PUBLIC.ENTITIES, AND,WILL H PERRY, JR 13 -14 jjl 15 MR. AND MRS. CHARLIE SANDERS here ; by.amend their" 1laim . 16 for damages against the above named entities and individuals as , e 17 follows: 18 PLACE TO SEND NOTICES: GAYDEN AND CHAFFEE Attorneys at:;'Law 19 2034'•BlakeStreet - Berkeley California94704 2p 21 - 22 GAYDEN AND CHAFFEE',' 24 \ 25 AUG 2 1969 BY , . 26 DONALD K A Attorneys for clam, E7 28 29 30 31 32 GAYDEN AMD CHAFFEE •.tTglw{t.�T lYr sows 'CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimants Gertrude Leonard Address: 195 Corte Maria, Pittsbang California' Attorney: Donald K. GaPden, Gayden and Chaffee, dtteraeys at Law 20A BLte Street, Berheley,,California Amount: $1,000,000 Date Filed: July 26, 1968 k By mail, postmarked I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient and does it comply substantially with Government Code Sections 910 and 910.2?` "Cy Had . DATED: Juh 26, 1968 W. T. PAASCH, By--He�gr Pu y II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with.Government Code Sections 910 and 910.2. ^X Above claim FAILS to comply substantially with said Sections: OO Board.may not act on claim until 15 days,after notice is given by this office; Do not file claim, time -limits have expired. _X We recommend referral to: ( County's general insurance carrier; (( Other insurance carrier; District Attorney. DATED: 9 JOHN A. NEJEDLY, By pu y III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention Chia ivil Attached are copies of above claiq/rrrh�ipichnwas REJECTED by the Board of Supervisors onA oust 20: 196$ ` _(copy of Board Order also attached). . ease orwa s claim to the County's general insurance carrier (or ) Claimant notified of this action per'Goverra-e-R e c tion 913 on AMaUmt 21. 1968 , and memo thereof,_filed.and endorsed on c m, per Government Code ection`2 03.. DATED: As::nt 21, 1968 W. T. PAASCH, By IV. FROM: (1) Public Works Department 2 Office of the District Attorney T0: Clerk of Board of Supervisors This acknowledges receipt of copies of aboveclaimand/or board order, and forwarding endorsement 111. DATED: �ug...21,-1A68— Public Works, By 'C/ Hy� DATED: Aug 'l, 196E�_ District Attorney, By DLS L2, DA-81:1M:4/66 JUL, DISTRICT ATTORNEY'S OFFICE MARTINEZ CONTRA CqSTW COUNTY,CALIF I GAYDEN AND CHAFFEE4 Attorneys at Law s 2 12034 Blake Street ■ i`' C Berkeley, California 94704 3 Telephoner 548-1077 ` .lU6�61p6n" 4 Attorney for Claimant 5 8 CLAIM FOR DAMAGES AGAINST THE COUNTY OF.CONTRA 7 COSTA, CITY OF PITTSBURG, CONTRA.COSTA-COUNTY" SHERIFF'S DEPARTMENT, PITTSBURG POLICE DEPARTMENT, 8 CONTRA COSTA COUNTY DISASTER OFFICE, PUBLIC.ENTITIES,.: 9 AND WILL H. PERRY, JR: .' . 10 * Jh4 kik*h* i 11 GERTRUDE LEONARD_presents a claim for damages against the 12 above-named entities and individuals in the sum'of ONE,"MILLIONi 13 DOLLARS ($1,000,000.00). 14 CLAIMANT'S ADDRESS: 195 Corte Maria. 15 Pittsburg,:California 18 DATE OF OCCURRENCE: April 17, 1968 17 PLACE OF OCCURRENCE: City of Pittsburg, County of`Contra Costa' '= r 18 State.of:California 19 SAID CLAIM ARISES FROM THE"FOLLOWING CIRCUMSTANCEV 6n1_,6r---,- 20 bout April 17, 1968, unknown officers of the Contra Costa County 21 Sheriff's Department and the .Pittsburg Police Departments acting 22 without search warrants or warrants of arrest, and without 23. claimant's consent, forcibly and unlawfully entered,the-dweliing 24 f claimant at 195 Corte Maria, Pittsburg,:California. ."".This 25 forcible entry was made,pursuant to a State..ofL L Emergency. declared 26, y'WILL H 'PERRY, JRo,` the Director of the-Contra'Costa'County Disaster Office. Said forcible entry was wrongful"andunconsti 98 tutional.in that the State of Emergency was unlawful and invalid 29 County ordinances and rules and regulations which authorized the 30 declaration of said State of Emergency are an intrusion into an 31 area pre-empted by the State of California in the Military, and 32 Veterans Code Sections 1500 et seq, and constitute a usurpation of OAYDEN ArM CNAFFEE wmcx'F.f4v - -% a;. 0. Q p ;s Zns� a o . o o r rt d � � Z n H � a � a Mc H En 7 @ O y H c+ ci r.'� ll vo 1-cr _ � Q a fP R P ► P P,Z 1y w � x N ' o 0 " z � - H [) H O m O H W A Oi C :fC W ' 0. Cl tn ` D srror.,X r rn .b O _ N �'O Gy y. Cy �; l: I executive power vested exclusively.in'the Governor., ,Said urd -2 ful entry was also in abrogation of claimants right to.be secure 3 from unlawful search and seizure and.her right to due process of ` 4 law, all of which are guaranteed by the United".States and Califor- nia Constitutions and by United States and California.Statutes... " 8 _ 7 ITEMS, NATURE AND EXTENT OF DAMAGES: Claimant,,_by-r6as'en a of said forcible and unlawful entry, suffered an invasion of.the 9 sanctity and privacy of her dwelling-place,`and was subjected to 10 humiliation, embarrassment, distress and anxiety, all---to her 11 damage in the sum of ONE MILLION DOLLARS ($1,000,000 00): 12 GAYDEN AND.CHAFFEE 13 14 18 DONALD.K.�,�GAYDEN Attorneys:.for Claimant :17 18 VERIFICATION-',-: 19a undersigned'declares'under penalty of perjury":'that•he is one f the Attorneys for Claimant in the'above<.claim;'.that,seid Claim 20 ant'is absent from the County;of Alameda in which`}the undersigned s his, office;` that he has read the foregoing claim;,and that 21 ie is informed,and believes the matters therein,to'"be;true,,and,1 n that ground alleges the matters thereinare, true.- 22 rue 22 Executed on July. 241 1968, at .Berkeley; "California 23 24 By A asaild X== 25 DONALD'R. GAYD 28 27 28 - 29 80 31 32 awrow wno CHA"Ec �pIt6�Y,.QIWI.H90. _ TGgwMc H�•tOTJ' - CLAIM AGAINST THE COUNTY OF CONTRA COSTA FOR PERSONAL INJURIES F11 TO: The Board of Supervisors JUL La19o9 `.. County of Contra Costa W.T. PAABCH Administration Building OttAlt, M EO A COUNTy' Martinez, California This claim is presented by Steven D. Hallert on.behalf of WILLIAM R. LIVINGSTON. I. The Post office address of claimant is: 1228 Cape Cod Court, Concord, California, and claimant desires.that-all notices respecting this claim be sent to claimant's attorney, Steven.D. Hallert, 1512 Bonanza Street, Walnut Creek, California. . 2. The injuries described herein occurred on April 16, 1968 at Concord, California. 3. Said injuries occurred in the following manner: A horse owned by Richard M. Jacobson, 4329 Rose Lane, Concord, California, was loose is an open field at,the corner of Cowell Road and-Traiat Lane. B. March, of the Animal Control Center, was attempting to catch the horse and claimant was requested to help in the apprehension of the horse. The horse was in a very dangerous condition and showed signs of injuring the bystanders. The horse suddenly turned and kicked claimant in the chest. Claimant was sent sprawling and later was rushed to the hospital for emergency treatment. 4. Said damage occurred because of the request of &,-County-- employee -Countyemployee for help from claimant. S. The following is the name of the employee who caused said damage: Bill March, County Animal Control Center, Martinez, California. . w l �. I GAYDEN AND CHAFFEE -- Attorneys at Law 2 2034 Blake Street Berkeley, California 94704 3F-IL' D Telephone: 548-1077 4 AUG 5=1968 s W�g�PAA1 �,p R cxunRv - 6 7 8 AMENDMENT TO CLAIM FOR DAMAGES AGAINST, 9 THE COUNTY OF CONTRA COSTA, CITY OF.PITTSBURG- 10 CONTRA COSTA COUNTY SHERIFFS DEPARTLtNT, 11 PITTSBURG POLICE DEPARTMENT, CONTRA COSTA-COUNTY 12 DISASTER OFFICE, PUBLIC ENTITIES, AND WILL H.SPERRY,;JR. 13 '. 14 15. GERTRUDE LEONARD hereby amends her claim for damages . 16 against the above named entities and individuals.as.follows: 17 PLACE TO SEND NOTICES: GAYDEN AND CHAFFEE' Attorneys at;Law 18 _! 2034 Blake Street 19 Berkeley, California 94704 20 21 22 GAYDEN AND CHAFFEE•: 23 24 AUG 2 1968 By C 26 DONALD K. A Attorneys for.Claimant . 27 28 29 30 31 32 u"oEN"o CH"rEE s—tr,uur.u704 INET CONTRA COSTA COUNTY Routing End a nttt Claimants Callie Jamesi, Mr. do Mrs. Charlie.Sanders, .Gertrude Leonel, and - .-Address: All of Pittsburg-individual addresses on previous routing endorsements Attorney: Gayden & Chaffee (Donald.K. Gayden) 2034 Blake Street Berkeley, California Amount: As listed on previously filed claims and-prior routing endorsements Date Filed: August 5, 1968 By mail, postmarked An +.t 2_ 1968 I. FROM: Clerk of Board of Supervisors T0: District Attorney, Attention Chief Civil Deputy ; wncadm c.�T.Ta - Attached is a copy of the above^claimx_ Is it'sufficient and does it comply substantially with Government Code Sectjqnsf 910 a 910.2 DATED: August 5, 1968 W. T: PAASCH, ByDorotbod II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors �X Above cla complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections: ( } Board may not act on claim until 15 days after. notice is given by this office; ( ) Do not file claim, time limits have expired. We recommend referral to: x) County's general insurance carrier, )} Other insurance carrier; District Attorney. DATED: 8_ f-- C 8 JOHN A. NEJEDLY: BY III: FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business i� Services Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors on {copy of , Board Order also attached). Please rorward,thIs claim to . - the County's general insurance carrier {or �- Claimant notified of this action per Goverxnnen CodaSec- tion 913 on , and memo thereof filed and endorsed on c a , per vernment Code'-Section 29703• DATED: W. T. PAASCH, DepatBy y IV. FROM: (1) Public Warks Department 2 office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: Public Works, By DATED: District Attorney,By. Deputy DA-81:1M:4/66aSKY S. RAUGle 51968 DISTRICT ATTORN€Y'S OFFICE -- CONT MARTINQ RA COSTA COUNT} CALIF -CLAIM AGAINST CONTRA COSTA COUNTY Routing.Endorsement Claimant: Evelyn-Heidt Address: 472 Dale Road, Martinez, California Attorney: James G. Maguire, 200 Gregory Lane, Pleasant Hill, California Amount: $10,000 Date Filed: August 15, 1968 By mail, postmarked' I. , FROM: Clerk of Board of Supervisors T0: District;Attorney, Attention Chief Civil.De t 'X118 1 5,1968 Attached is a copy of the above claim. Is it suffi T AAE comply substantially with Government Code Sections 910 843 ON STA COUNTY,.0 1F. DATED: guat �r i o�8 W. T. PAASCH, By Al ...,.�.. _jjapur'y II. FROM: Office of the District Attorney T0: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections: ( ) Board.may not act on claim until 15 days after notice is given by this office; ( ) Do not file claim, time limits have expired. We recommend referral to: ( ) County's general insurance carrier, (( )) Other insurance carrier* District Attorney. DATED: tJ /96 8 JOHN A. NEJEDLY, By Du y III. FROM: Clerk of Board of Supervisors T0: (1) . Public Works Department, Attention Business &°Serviced Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors onAugust 20, 1968 (copy of Board Order also attached). ease orwa s claim to the County's general insurance":carrier'(or ). Claimant notified of this action per Dover—men a Sea- tion 913 mAu¢ust 21.1968, and memo thereof filed and endorsed an c a , per vernment Codej at on 2 03 DATED: A}.,. 21. 1968 W. T. PAASCH, By,toroth a DePuzy IV, FROM: (1)_ Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III.- DATED: II.DATED: A,,g_ an,7968 Public Works, By DATED: Ang_ P1, i 468 District Attorney, By Pu y DA-81:1M:4/66 s August 21, 1968 James G. Maguire, Attorney 200 Gregory Lane Pleasant Hill, California Dear Mr. Maguire: Enclosed is a copy of aboard order of August 20, 1968 denying the claim of your client Evelyn Heidt. Very truly yours, W. T. PAAS CH, CLERK By Dorothy Lazzarini Deputy Clerk dl Enclosures RECEIVED JArse G. HAGMI 11 ATfOpNtY AT LAW AUG 15 1S68;. soo QRRa Rr une' W.,T.`P A A S'6 H WMASAM Ku.6.OAUPOOOA > CLBMK- 0,SUpffRW M . . rNONC NY•7�OD. . .. C August 14, 1968 Board of Supervisors r Courthouse Martinez, California RE Evelyn Heidt Gentlemen: Enclosed please find Claim for Personal injuries Please file the same. ery truly urs; JAMES G. UI JGM:jt Enc. Claim for Personal Zn7uries ` JAMES G. MAGUIRE ATTORNEY AT LAW 200 Gregory Lane Pleasant Hill, California 3 682-75001 w.t:� ►scK. .. C4iRK NMIY OR Mwafllr IR A -6 CLAIM FOR PERSONAL INJURIES 7 TO BOARD OF SUPERVISORS OF CONTRA COSTA.COUNTY. 8 This claim is presented by Evelyn Heidt. The,--* post`s€€ice -9 address of claimant is 472 Dale Road,:Martinez,--Californiazand" 10 claimant desires that all notices respecting this claim be sent 11 to JAMES G. MAGUIRE, Attorney for claimant' at 200 Gregory Lane, ` 12� Pleasant Hill,California. 131 The date and place of the transaction giving rise.ta this 14 claim are:° July,24, 1968, Port Costa, California. 15 Claimant was injured in the Town of:Port Costa while 16 crossing the street in front of the Warehouse. , Said €all was due 17 to the negligent failure of the County and the Board of kV"ors r; 18 thereof-to repair, maintain or establish proper curbs aid'`cross-` 19 walks for public use in said area. 20 The amount'elaimed as a-result of said transaction- 21 I the date-of presentation of this claim.is $ ':1Q 000c00 22 ! This figure includes the amount of $" 8;000.00 as=thea 23 estimated amount of prospective-injury 'insofar as it ssknown, at : 24 this time. 25 The basis for the above computation is as.follows: 26 Medical expenses already paid or incurred.-:' '; $ "Uncertain 27 Medical expenses which will be incurred and paid in the 28 future $ Uncertain` 29 Loss.of income: Uncertain Undetermined Undetermined 301 , {salary of $50.00 per week for j weeks. 311f Dated: August 14th, 1968. I 32 EVELYN HEIDT MM�30.MAO111C .r:ausr ar.waer awc - .L[.MYTNILL.OM.II.. .110M[N,•Tipt. i atm _ w r _ t r Do o. soo aar� . n fD c c ti COUNTY CLERK'S OFFICE CONTRA`COSTA COUNTY Inter-Office Hew - DRTes August 19, ;1968 TOr Office of the District Attorney' FROks- W.--T.' Paasch, Clerk SUWBCT s Action`No'.1105„ro of the Superior Court of the State"of'California, in and for the County of Contra,Costa, TAMS StwN mAMTTIM 7R Vs... x mNF cotrNmv csr roNTae rnema A sNa:+t�*t*+*:,t*�ss,e*:fts:*sus+sasat:a**�*ssssti*swiss* :; _ -- ..Attached is copy-..�f e..�.+... ..a--n.�..�.a .... ___ 'ia.:the above-entitled action. rr Received cmpy'-Q abmwo�fs_' mentiohed'doausenR�;°lh - �y 196&, for tit UL ct Attorney. 66-12-500 Fors 8.4 B.�9 R'-20-� COUNTY CLERK'S OFFICE CONTRA COSTA COUNTY Inter-office blemo DAMAugust 16, 1969 To& Office of the District Attorney FRONS W. T. Paasch, Clerk 8OWWTs Action No. 111230 of the Superior Court of the State of California, in and for the County of Contra Costa, _CRARIM S. CRAPANZA110 vs. Howard do rfae's Richfield Serdes, ffNfiffffff�##f#ff#N##f####ffffffffff fff/fffflffflfflfffN Attached is copy of Susmtons de CoapLiA! in taw above-entitled action. ReceiVed evpy,ag aft" Losm 196 >� t11f Attorary. - 66-12-500 Fomm 8.4 cJUNrY cLmK's 4FFIC9 CONTRA COSTA`COMITY Inter-Office N600 Di1Tai wi�gu�t 15.1968 . TOS; Office of the. i71•tsict Attorney tit0lit: - `W. T.;Paasch, Clerk SUWBCT, Action NO„ U0503 i of,the Superior Court o the %tate of California,,in and for.the,Wunty of Contra Coata,, r STAN= J. ZDLNNICZ STATE OF C/LIFORIL COMM,(IF ,r. t*tttttsttt4te ttt+t*+***t*+**♦atttttt*ttittttttttttttts�tttt Attached._is mpy..'3f SOME -C�olaiat ¢n tM above-entitled action. Received cYa menti 196,�� for tM� - Attornay. 66-12-500 !b�`8.4 , CLAIM AGAINST.CONTRA COSTA COUNTY Routing Endorsements Claimant: WILLIAM JOHN PINION Address: 425 Brown Streets• Martinez, California 94$53 Attorney: W. Wayne McCombs, Contra Costa Legal Services Foundation, P. 0. Boa 307, Martinez', California Amount: $79 Date Filed: August 6.1968 By delivery to Clerk-B Le a1`Services ears ary I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient and does it comply substantially with Government Code.'Sectlons,91O" nd:910�2Y .. DATED: Auiust 6.1968 W. T. PAASCH, By .Dor a7 Ail Y II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with,Government Code . Sections 910 and 910.2. Above claim FAILS to comply substantially with.said Sections: ( ) Board may not act on claim until 15 days after notice is given by this office; ( ) Do not file claim, time limits have expired. We recommend referral to: County's general insurance carrier; . Other insurance carrier; District Attorney. DATED: JOHN A. NEJEDLY, By III. FROM: Clerk of Board of Supervisors - TO: (1) Public Works Department, AttentionBusiness d:'Servioea' Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors on (copy,of. Board Order also attached). Please forwa rd this claim to the County's general insurance carrier (or Claimant notified of this action per Government Code.pec- tion 913 on and memo thereof...filed and endorsed on c a m, per vernment Code.`Section..297O3 DATED: W. T. PAASCH, By Au IV. FROM: (1) Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or . board order, and forwarding endorsement III. DATED: Public Works, By DATED: District Attorney, By rDeputy DA-81:1M:4/66 1 EUGENE'M. SWANN W. WAYNE MCCOMBS 21 CONTRA.COSTA LEGAL SERVICES 3 FOUNDATION P.O. Box 307 : x.35 /�• 4 615 Estudillo Street Martinez, California 94553 ' 5 Telephone: . 228_8710 WiosTii'ooAiAWM " 61 Attorneys for Claimant 7� 8� IN AND BEFORE THE BOARD OF.SUPERVISORS g OF CONTRA COST&;COUNTY,° CALIFORNIA 10 CLAIM OF WILLIAM JOHN PINION, ) ) 111 Claimant, ) 12VS. ) CLAIM FOR LOST:PERSONAL PROPERTY,. 13 CONTRA COSTA COUNTY, CALIFORNIA. ) (Gov ernmetit�Code Section. 3 910) 14 . . . . . ) 15 To the Board of Supervisors of Contra Costa County; 16 California: 17 You are hereby notified that William Pinion, whose 41 18 address is' 425 Brawn Street, Martinez;.CAliforn&a",, claims,'daeagee 19 from the County of Contra Costa, California in the;'amount>of: $79'.00. 20 This claim is based on the claimants.personal.-pro perty, 21 one:white gold wedding ring, being lost by the Contra Costa'County 22 Sheriff's Office on or about May 9, 1968, in`the 'County. jail, at, 23 Martinez; California, under the -following circumstances. 24 1. On Or about May 9� 1968, clai an " y t"was placed in the 25 custody of the Contra Costa County Sheriff's"" Department at the Coun 26 Jail in Martinez; California. 27 2:_ At said time and place'; claimant was required to 28 hand over his said wedding ring and other personal property to 29 Deputy Sheriff Officer Hanser, and he obtained a:proper.receipt for." ej: 30 property .turned in, including his ring. A-copyof said receipt is 31� attached hereto, marked exhibit "A", and incorporated herein. 32 1. �1 1 3. On or about May 11, 1968, claimant and his,personal 2 property were transferred from the 'County Jail in Martinez"to,the 3 County: Rehabilitation center in Clayton, California by the 4 Sheriff's Office. Upon arrival at the Rehabilitation'Center, cl 5 was"given another property receipt for�his personal property trans 6 ferred by the Sheriff's office from the County Jail in Martinez. 7 A copy of said receipt is attached hereto, marked"Exhibit DO 'and 8 incorporated herein. Saidreceiptdated May ll, 1968 contained-no 9 reference to claimant's white.gold wedding ring and the ring was 10 not in the packet transferred from theiJail in Martinez by the 11 Sheriff's Office. Claimant then discovered,that his ring was 12 missing. 13 4. After claimants release from-the'Rehabilitation 14 center in Clayton, California, claimant contacted:his attorney, Mr. 15 W. Wayne McCombs of the Contra Costa Legal Services Foundation, 16 Martinez, California. Mr. McCombs immediately"telephoned;Captain 17 Fischer of the Contra Costa Sheriff's Department and requested a 18 search for claimant's ring. Captain Fischer later telephoned.Mr. 19 McCombs and reported that the ringcould not be 'located at-the 20 County Jail in Martinez and must be presumed to have been lost"or 21 stolen by parties unknown at the,'jail. 22 The name of the public employee"causing'claimant's loss 23 under the described circumstances is not known-td-claimant. 24 The injuries and damages sustained by. claimant, as,:far, 25 as known, as of the date of presentation of this claim, consist of 26 the loss of claimants white gold wedding ring which was worth 27 approximately $79.00 cash and which was "irreplacable as a sentiments 28 object to the claimant. 29 Total amount of money damages 30 claimed as of the date o£ presentation of this claim $79.00 31 All notices or other communications with regard'to this 32lclaim'should be sent to claimant's attorney, W. Wayne Mc Combs, 2. I l at Post Office Box 307, Martinez, Califorrnia.- _ y 2 Dated: August' R:; 1968. S CONTRA COSTA: LEGAL SERVICES FOUNMIO2t 4 EUGENE.M. SWANN W.-WAYNE McCOMBS 5 . 6 By W. .WAYNE� 7� Attorneys `f Claimant; 8� 4 9 10 13� 12, I, .the undersigned, say: 13 I am the claimant 'inthe above entitled action; the 14 foregoing document is true of my own knowledge, except as to the 15 matters which are therein stated on my information,and belief, and 16 as to -those matters I believe.it to be'true.' 17 I declare udder penalty of perjury.that the foregoing 18 is true 'and correct. 19 Executed on August.0, 1968, at Martinez, California. 2O 21 x` WILLIAM JO N 22 Claimant 23 24 25 26 27 28 29 30 31 3: 32� ,fi MM 071 MIT : r TM lid lTM w U&M,b-Y bawo R titer _ as CvifKi As r rri cmwmk6 - £ EXHIBIT."A■ DATe k 71547''` NAME 'ILL- ,,,•, ,i Ar CASH,•�: 000KING No. l CHECK CLOINM6 1 NO.CHECK 1 WATCH LIGHTER '.. JEWELRY I C.'TNF f"AW—,Ot • - - GRIPS WALLET BOLE ...@MISC.PAPERS MISC. I .GLASSES 1 RAZOR KNIFE COAT BY 17.r`� `.� JARM - A.W-d.1 t1"Co-o CRIB oft MN tw DAO By _I CONTRA COSTA C Mff RBIMAlw CBllflt FROPUff RECM Ir.F.R..LttR fM.P.mt.«4Mtt 6.I,lf►.L+I.w.P....r Mlnt rFww Mltlsi r No RtbmbMM"Iflr Crlr,r ORPMa:. cr l alft DATE No. 04012 :. NAME �,ILLG - •i�C.JM� •.J - CASH 1 SHOES _ CHECK CLOTHING NO.CHECK WATCH -...LIGHTER EXHIBIT "B" JEWELRY GRIPS WALLET �� ".BOXES -t - -MISC.PAPERS MISC. GLASSES RAZOR KNIFE KEYS HAT - - COAT .. i - BYW—JAILER - Rnerved of tlr Cootto c-o County Rehobill-loo C-1 off pmp.oin " hired—thl.slip, BY E 7 11.62 5M QP August 15, 1968 Mrs. Lucille Johnson 1573 Sutherland Court Concord, California Dear Mrs. Johnsons Enclosed is a certified copy of an order adopted by the Board of Supervisors on August 13, 1968 denying the claim which was filed in this office on July 17, 1968 on behalf of Karen, David, Glenda and Eric Johnsons Very truly yours, W. T. PAASCH,:CLERK By -DorR y Uzzarini Deputy Clerk dl Enclosure 13. 60. -/3 DISTRICT ATTORNEY'S OFFICE Contra. Costa County Martinez, California July 24: 196& Date TO: Clerk, Board of Supervisors FROM: Boh eked sDeput Attorney By. a W, a r, Deputy District Attorney SUBJECT: Claim against County (County,Hospital) by Lucille Johnson We have concluded that the letter.from Mrs. Johnson to the-Board of Supervisors dated July 17, 1968, in which she alleges improper treatment of her children at the County-Hospital-should be`.treited . as a claim (albeit defective) against the county. , We;have accord ingly.sent,a Notice of Insufficiency, a Copy of whichlis attached: We recommend that the Board deny the claim after 15 days from the date of mailing of said notice. PWB:bw cc: Public Works Attn: R. D. Broatch RECEIVED JUL 2.6 1968 W. T: PA_ASCH CLERK BOARD OF.SUPARVISOM - CONTRA TR. a.o: -364 *NOTICE OF INSUFFICIENCY • moo: LYsi1L JohAsoa Re: Claist apiest CWMM_Cssfa ;1R3 thsrlaad Coma Coamty:o =arra Johnomi Cansord, California David>Jsistas�, 8leada JWiaasa, Brie Johaaea. You Will Please Take Notice as follows:, The claim presented by-you to the County of Contra Costa 'faila comply substantially,with,the requirements• of California,go Coverment - de:Sections 910`and 910.2`or'is otherwise-insufficient fid the , reaaons. checked below: z 1. Sold claim fails to state a"cause, of action agsinat the County of`Contrs Costa or any. employee:thereof Z 2 .,Said:claim.was`not'presented,within the ,time .limita prescribed in'`Csltfornia Government Code'-Section 911.2." 3 Said claim fails to:state the,name and poet office address :of the claimant. I 4.' Said claim fails to state the post office.:addrese to which. the,_person' presenting:the,.cleim desirea'notieesao be;sent. 5 Said claim fails to state the date,;:place;,;or other circum stances`of`the ateurrence.or'transaetiea:which gave rise 6. 'Said olaim !ails erted:'.to state the name 'or aaoea of-the4 public employee'or, employees causing the`in�ury,vdamsge or lose, if.known. Y 7e Said-claim""fails to-state the amount claimed aa..;of the-'date of.presentation, the-estimeted'amount of-any proppeative injury, damage, or,lose, so'far'ae•known, 'or the baais,o! computation".of the amount claimed. 8. Said claim is not signed by the claimant or.by_some person on his behalf Y 9. Other: ii applies to shim or slaihs of.David, dlsoda aM Brie Johnson. Its= /2'aDDlies to Glalm.ol;.Bris Johf�aa - Item /4 apps to ell olsima. Its: i7 aDDliss to 4m;eLir JOHN"A. NEJ= District Attorney By, <,PAUL omay,.;: CERTIFICATE OF`SBBVICE Sr-MAIL I certify that my business address is the District AttorneyIs Office Of Contra Costa County, County Court House, P:-O. Bos 670 -Martinez, California, and I am &'citizen of the'United States;.over,1$ yearn of. age; employed in,the County of Contra Costa, and note pirty to the within action;. I served a true copy of the within Notice of Insufficiency by placing said copy inn envelope(e)'addreseed as designeted,-above, which is/are place(:) having delivery service by U.S. Nail;which;envelope(e) was then sealed and postage-fully,prepaid thereon, and thereifter,wae, on,this,day deposited in the Onited States Mill at Mortihit •Contra Costa County, California; I certify under penalty of perjury that the foregoing is true and correct. Dated: July 25, 1968 ,.at Martinez,':Cslifornia /s/ Baty iheatlsy tYB: oc: Clerk of Board of Supervisors Public Works Department -Di-82:250:4/66 - .-- � , a � . hAA � - (� fG(/R"�"_ �z?�y Cv llii ,i:> i �,� , •i�G� '^x;133'�t�^C�. '—'•.�� �}.�1� t\1 � �� � _ ! 1 �.r � C �� C . s� �v.�-�Cs'�-, ^-�rr c�.� �CS�•ro a,iC� S7 �gr•�rJr3� � '`;Jf �`,�•,�rsr.:\ ,1 .-�L,�,�•-ac�C1� �l'�'C� �'s•`�"-��' `_ `t1 '�, - �, IN �, r r4�.Sh,4 � �Ch * �....y-T` R` �Z�.a' C •Y'`z 4 Gi'. p'i• .,..,,,r0 suosuuaans auvae murm •- -. „ � Iley � �`) \ 1 '� �� h�k�:�:, • :.2 �' .,fit `� \.' 1 • 7 i CONTOI COSTA COUNTY G ` CIENN`S OFFICE later - Office Naas � < 'late•. Pebruarj.l3, 3.968 t To. Social Programa Committee (Supervisors T..':J. Coll F, Md J..B..Msriarty) Fran Geraldine Russell . SFAjoetc s t:. The Board today referred to you the aatter,of complaint;` or Mrs:"Luoille Johnson with respect to the County;Social Ser�d6e ;.Department for report. This matter was also referred to the.Connty Wller. Director. andthe District Attorney. Lab Attacbment k 1,3 SP Jpco 40 RECEIVED AA, D OF S VISOR.. 1 _ O. —•Deputy .i. FFb;6 196841 �. TO: CONTRA COSTA C(.;UNTY BOARD OF SUPERIORX ADI4INISTRATION BUILDING MARTINEZ,CALIFORNIA SIRS I V-OULD APPRECIATE IT VERY MUCH IF I N_Y BE HEARD AT THE MEETING ON TUESDAY FEB.13„1968 at1015 am ON THE-WQCy- / ISSUES: ,J COUNTY EMPLOYEES TAKING MONEY rROM RECIEPENTS TO.PUT IN HIS.POCKETS FROM VENDORS PAYMENTS C�p" �RENT 165 to 345 sept.1967 HITTING A RECEIPIENT CAUSING HOSPITALIZION OF SAME REFUSED A.P.1).e- FOR W Gfw+ air njicA d,,, ln©' vtjk."A 5o �fi•� `�2{n.� ¢�c�-*•c �r-car✓, RECEIVED ,C 4 FEB 6 1968 )5 7 3 W. T. PAASCII - - CLERK BOARD OF SUPERVISORS CO T COSTA CO. BY ��D.pYty cc: CLAIM AGAINST CONTRA COSTA COUNTY Houting Endorsements j Claimant: PAUL J. LANZAROTTI on behalf of his son, PAUL A. LANZAROTTI, a minor Address: 121 Meadow Lane, Orinda,.California Attorney: John S. Herrington, 1475 North Broadway, "Suite 40i, Walnut Creek, California, 94596 Amount $50,000 Date Filed: August 6, 1968 By mail, postmarked A I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient and does It comply substantially with Government Code Sections.910 and 910 2? DATED: August 6.1968 W. T. PAASCH, By /�a11a � - • • _ ILFROM: Office of the District Attorney TO: Clerk of Board of Supervisors X Above claim complies substantially.with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said, Sections: ( ) Board may not act on claim until 15 days after." notice is given by this office;_ Do not file claim, time limits have expired. We recommend referral to: . ( County's general insurance carrier; (( Other insurance carrier;; District Attorney. DATED: C R JOHN A. NEJEDLY, By pli III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business.& Services Manager (2) District Attorney, Attention Chief Civil Deputy " Attached are copies of above claim which was REJECTED by : the Board of Supervisors on August 13. 1968 (copy of; Board Order also attached). ease o�3s claim to the County's general insurance carrier (or ) Claimant notified of this action per_Governmen e- c- tion 913 on AaaVt i14 i-268 , and memo thereof"filed and : endorsed on claim, per Government`Code Section 29703. " DATED: August 14, 1968 W. T. PAASCH, By. s -- Deputy IV. Sr am. IV. FROM: (1) Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or` board order, and forwarding endorsement III. ` DATED: 7/11//,; Public Works, By DATED: g��`G District Attorney, By Y DA-81:1M:4/66 4UG G 1968 DISTRICT ATTORNE'rs Omm MARTINKI a.D,. �'I `_6Q 'GAx7cGe�• CUKRA COSTA COUNTY CALE August 14. 1968 John S. Herrington Attorney at law 1475 North Broadway Suite 4ol Walnut Creek. California 94596 Dear Mr. Herrington: Enclosed is a certified copy of an order of the Contra Costa County Board of Supervisors which was passed and adopted on August 13. 1968 denying the claim.of your client. Paul J. Lanzarotti on behalf- of his son. Paul A. Lanzarotti, which claim was filed in this office on August 6. 1968. Very truly yours. W. T. PAASCH. CLERK By Nancy Ingraham Deputy;Clerk ni Enclosure JOHN S. HEP.ICINGTON ATTORNEY AT LAW LINCOLN•BROAOWAY BUILOING,SUITC AOI 1475 NORTN.BROADWAY WALNUT CREEK,CALIFORNIA 90.596 _ ��EI 17.D IN YCLCVNONC(A 033•2323 .i/ August s. 1968 .(� fir$ W.T.PAA$CH CLERK -O 6F 4UIt1lY/i9Rf :{. Oqul Board of Supervisors County of Contra Costa Administration Building Martinez, California Re: Claim of Paul J. Lanzaratti On behalf of minor son Gentlemen: I am enclosing herein Claim for Personal injuries on behalf of my client, Paul A. Lanzarotti, for.injuries sustained by him on July 7, 1968. Yours truly, Q / i0d S. BERBINGTON JSH:bmk Encl. FLED ' AU6 -6 1969 w.T. PAA 'N 1 CLAIM FOR PERSONAL INJURIES GUIRK 00"00 0r wncOvuoOs TA ,Z TOS BOARD OF SUPERVISORS, COUNTY Or CONTRA COSTA: : 3 PAUL J. LANZAROTTI hereby makes claim against`the'County'of 4 Contra Costa on behalf of his son, PAUL A. LANZAR07TI, a minor, 5 in the sum of $50,000.00, and in support of said claim declares.as 6 follows: 7 1. The injuries herein described occurred.on Sunday, July 8 7, 1968 at approximately 3:00 o'clock p.m. 9 2. Said injuries occurred at a place 'in the.road opposite 10 470 Florence Drive in the unincorporated'area'of Lafayette, 11 California. 12 3. Said injuries occurred in the following manner: .Paul 13 A. Lanzarotti, a minor, was proceeding along said,Florence.Drive 14 in a northerly direction at approximately ten: (im miles per hour 15 on his motor cycle when he struck a large hole in the road; ,causing 16 him to fall and become injured. The,hole'in the road was approxi-, 17 mately 3 feet wide, 7 feet long and 7 inches'deep. ,it was :in,a' 18 shaded area of the road where it could not be readily 'seen-by a 19 person traveling on the road. ` 20 4. Said injuries occurred because of the failure of`the . 21 County of Contra Costa to properly maintain and supervise-,the'main- 22 tenance of said Florence Drive in a proper manner to',insure.that 23 persons traveling upon said road would be free from danger.+ 24 5. Said claimant is unaware of:the names.of the employees , 25 who caused said damage, and therefore does not include their.names 26 in this,claim. 27 6. The following is a list of damages which resulted from 28 the negligence of the County--in maintaining said Florence Drive, 29 Lafayette, California: 30 Amount claimed now $ 25,000 Estimated amount of future loss: 25,000 31 Total: $ 50,000' 32 _1_ l Medical specials, present and future: $,2,000 Loss of Income 2,000 2 General Damages: 46;000 3 50•'000 4 Send any and all notices and communications.regarding this 5 claim to JOHN S. FIERRINGTON, 1475 North Broadway, Suite 401, 6 Walnut Creek, California, 44 Telephone: 933-2323. 7 f GAUL J. LAN'LAROTTI, 9 121 1Keadow,^Lane., 10 Orinda, California Telephone: 254-5537 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -2- ,; A..J 4J I4 ■ mV a O U'A R 14am0 iii y W Ca a, A IS O.O-A N . . 4J U to a 44 $4. O O'm GNl 'O L C-A �Rg 4 PO 0 V do 5 0 z . ou Q' va; z<= d ac:010 U -s b j F a V �O f I _ � ;CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: JESSE NATHANIEL DAVIS Address: 2198 Knox Avenue, Pittsburg, California Attorney: Donald K. Gayden, Gayden and Chaffee, Attorneys at Lav, 2034 Blake Street, Berkeley, California . Amount: $500,000 Date Filed: July 24, 1968 By mail, postmarked July 23. 1 I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy--.'. Attached is a copy of the above claim. Is It sufficient and does it comply substantially with Government Code Sectl as 910 a 910.2?� DATED: July 2h. 1968 W. T. PAASCH,:By Deputy ` II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code' Sections 910 and 910.2. _ Above claim FAILS to comply substantially with said Sections: Q� Board.may not act on claim until 15 days after notice is given by this office; ( ) Do not file claim, time limits have expired. We recommend referral to: ( ) County's general insurance carrier; (( 3 Other insurance carrier; District Attorney. DATED:- L,.11 ,.�g /9 6/1 JOHN A. NEJEDLY, By T Cu y III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention Chief C1411 Deputy , and-amendment to claim Attached are copies of above claimhhich was R&?SCTED,_by �d the Board of Supervisors on A�u ust 13. 1968 (copy, endment Board Order also attached). PZeaaa rorwa s claimgo the County's general insurance carrier (or ). Claimant notified of this action per Governmen a 3ec- tion 913 an-August 14. 1 68 , and memo thereof filed and endorsed an claim per overnment Code Section 29703., .% anis amen ent_to claim DATED: August 14. 1968 ` W. T. PAASCH, By, anc Lharansm. ijecuty IV. FROM: (1) Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors and am dment:. This acknowledges receipt of copies of above claim/6nd/oro claim board order, and forwarding endorsement III. DATED: x// -L Public Works, By DATED: District Attorney, Bar Pu y DA-81:1M:4/66 v V JUL,2A 1868 D . 1 DIS7RICLATTORNEYS OFFICE- — 41ARTINEZ CONTRA COSTA co EaEI August 14. 1968 Donald K. Gayden Gayden and Chaffee Attorneys at Law 2034 Blake Street Berkeley. California Dear Mr. Gayden: .Enclosed is a certified copy of a board order adopted by the Board of Supervisors on August 13. 1968 denying the claim and wend- meat to'olaim'on behalf of your client. Jesse `; Nathaniel Ds.ViS. Very truly yours. W. T. PAASCH.-CLERK By Nancy Ingraham Deputy Clerk ni Enclosure CrA A04A CONTRA COSTA COUVff Routing"Endorsements, . ; :. Claim nta Gallie James, Mr. & Mrs. Charlie Sanders, Gertrude Leommd, and Joust Nathaniel cis- > :+ Address: All or Pittsburg-IndIvIdual addresses on previous :ron'Ins endorsements Attorney: Gayden & Chaffee (Donald X. Gayden) 2634 Blab Street Berkeley, California Asoueb: An listed.on previously filed claims and prior routing,endorserAila Date Flled z August 5, 1968 By M11, postamrked4.....■e I 77777 I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is It sufficient and does it comply substantially with Government Code Sections:91Qand 910.24 • DATED: Auxuat 5.-1968 W. T. PAASCH, ByWOOS _ On y, II. FRWt Office of the District Attorney TO: Clerk of Bard of Supervisors Above claim complies substantially with 0overhROnl Coda =' Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections: / ( ) Bard.msy not act on claim until 15 days after notice is given by this office; ( ) Do not file claim, time limits have expired. We recommend referral to: ( ) County's general insurance carrier; (( )) Other insurance carrier; wj District Attorney. DAM: A. !(EJEDLY By III; FROM: Clerk of Board of Supervisors TO:_ ;.(1) Public Works Department, Attention Business Service• Ibnager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Bard of Supervisors on (copy of Board Order also'attached). Plesse-rorward this claim► to the County's general insurance carrier.(or ) Claimant notified of this action per Governmen a c- tion 913 an , and memo thereof filed and endorsed anc a , per aoveftment Code Section 29703. DATED: W. T. PAASCH,`By W Iii. FROM: 1Public Works Department 123 Office of the District Attorney TO: Clerk of Bard of SuPervise" This acknowledges receipt of copies of above clans and/or board order, and forwardingendorsement III. DATED: Public Works, By DATED: District Attorney, y r DA-81:1x:4/66 • a wL a > • Z%.i n� z O i y ► � yy n N C 0 m K M ro' ro . O m O t r• ro' t ; Uu cn c. 0 M o 1 GAYDEN AND CHAFFEE Attorneys at Law 2 2034 Blake Street Berkeley, California 94704 3 Telephone: 548-1077 4 AUG S-196' 5 WT.PAAWH '<` :cumc:e cr. aiwwnas:: '-.'C T OiTA COlVNTr:;. 6 ey= owuv J. 8 AMENDMENT TO CLAIM FOR DAMAGES:AGAINST 9 THE COUNTY OF CONTRA COS TA, OF.PITTSBUBG, 10 CONTRA COSTA COUNTY SHERIFFS DEPARTI�NT, PITTSBURG POLICE DEPARTMENT, CONTRA COSTA _COUNTY . `! . , 11 DISASTER OFFICE, PUBLIC ENTITIES, AND.WILL H. PERRY,,JR 12 13 JESSE NATHANIEL DAVIS hereby amends his 'claim for.':,damages .14 against the above named entities and individuals .as follows 15 + PLACE TO SEND NOTICES: GAYDEN;AND CHAFFEE, Attorneys.at.;Law 16 2034:Blake".Street Berkeley, California` 94704' 17 18 19 = 20 GAYDEN AND CHAFFEE 21 22 23 gy Mrs 1968 NALD,.K. GAYDEN 'Attorneys forClaimant 25 26 , 2? 28 29 30 31 cwroeH wwo CHAFMC - :. _ y 1 GAYDEN AND CHAFFEE Attorneys at,Law 2 2034 Blake Street Berkeley,,California94704 3 Telephone: 548-1077 JUL241968 Attorneys for Claimant W.T.-PAASCH:' C 4 Y cttnx scuto C?"urtnvfecas ON T 8TA COUNTY ` ?. Gy -Gfpory 8 ,-- .7 8 CLAIM FOR DAMAGES AGAINST THE COUNTY.OF CONTRA COSTA, CITY_OF. : 9 PITTSBURG, CONTRA COSTA COUNTY SHERIFF 2S;DEPARTMENT, i 14 PITTSBURG POLICE DEPARTMENT,_CONTRA COSTA COUNIY.DISASTER 11 OFFICE, PUBLIC ENTITIES, AND WILL_H. PERRY, JR:: 13 JESSE NATHANIEL DAVIS presents,aclaim far damages against 14 the above named entities and individuals in the, sum of FIVE, 15 HUNDRED THOUSAND DOLLARS ($500,000.00). fes; 18 CLAIMANT'S ADDRESSs- 219$ Knox Avenue. .. Pittsburg, California 1T 18 DATE OF OCCURit€NCE: Aprii;l7, 19 PLACE OF. OCCURRENCE: City, of Pittsburg, County.of Contra;;Costa, 20 State of.California SAID CLAIM ARISES FROM: OL THE FLOWING.CIRCUMSTANCES: On 22 of about April 17, 1968, ,claimant.was arrested by unknown officers:' 2 f the Contra Costa Sheriff's Department and the Pittsburg.Police g4 partment €or violation of'Section 316(a) of.°the Contra Cauca County Ordinances. Claimant was subsequently:tiharged`under-said , 26 Section in the Justice Court of the Pittsburg- Tudicial District _. 27 the violation of a curfew during a State of 1axergency declared 26 the-.Director of the Contra Costa County Disaster Office.=; Said 29 arrest was wrongful in that the State of Emergeney.was unlawful 30 and invalid. County ordinances and rules and.regulations.which 31 authorized the declaration o€ said State-,of Emergencv-are an in 32 trusion into an area pre-empted by the State of California in a^yom wmo 6NAFFEE Y bK[Lcv:R.wl1F.N9W ' . ipa.era s.rwrr ... ty 1 Military and Veterans Code, Sections 1500 et seq, and constitute 2: a usurpation of executive power vested exclusively- Ju, the 3 Governor. Said arrest was also in abrogation of,claimant+,,right k of freedom from unlawful search and seizure,' and.hi, right 'not to be deprived of his liberty without due process of laws all of 6 which are guaranteed by the United States and California<:Consti- 7 tutions and by United States and California statutes 8 ITEMS, NATURE AND EXTENT'OF DAMAGES OR INJURIES:- Claimant, 9 by reason of his arrest and imprisonment, suffered'aos of the 10 liberty guaranteed.to him as a'citizen of the United States, was degraded in the eyes of his family, was made to suffer injury to his reputation in the coaQmunity,and financial loss.;in his ea4ployme t�'. 15 as made to suffer h sisal and mental in u p y j ry, and wa, -subjected v. 14 to humiliation, embarrassment, distress and anxiety, all,to his 15 damage in the sum of FIVE HUNDRED THOUSAND, DOLLARS':($500,000.00) lg. 27 GAYDEN AND CHAFFEE ` 3$ 20 21 DONALD K:-GA .N. Attorneys'far Claimant 22 tit 23 VERIFICATION 24 The undersigned .declares under penal of perjury that-he'is 25 ne'of the attorneys for claimant`in the above.elaim; thief said=; laimant is absent from,the"County of;Alameda.iniehich the under= . 2e igned has his office;-that he°has,-read 'the foregoing claim; and hat he is informed and believes the matter:theieia'tobe`.true, 27. nd on that ground alleges that the matters. therein'are ,true. , Executed on July 19, '1968, Herkeley,`Cali ornia. 28 28 DONALD Ki GAYD:N 30 31 32 *^Yom wND cwwn E �R,LLY..GYf,fslW- •' •NOTICE OF INSUFFICMCY • To Jesse Nathanlel Davie He: Claim assiaYt Cella` 2198 Knox AVenw costa COM41 al. PI""Ulrg, California You Will Please Take Notice as follows:'_ The claim presented by,you to the County of Contra:Coeta fails to comply substantially-with the requirements of. California Government Code Sections 910 and 910.2 or is otherwise insufficient-for,the' reasons checked below. z 1. Said.claim fails to state a causeofaction against the . County.of,Contra Costa or any employee 2._ Said claim was not presented within.the,>time limite prescribed in California Government Code'Seetloh.911.2. 3. Said claim fails to state the name and post office address ' of the, claimant. Z 4. 'Said claim fail ;,to statethe poet office address to which „;the..person presenting:the`claim desires::notices+to be;sent., :` 5. :Seld .claim fails to'state.the date, pla' -or other circum- stances of the occurrence or traneaction which gave rise to,the claim asserted. .6. Said claim fails .to state,the name or names of the public employee or employees causing the injury, ,damsge, or lose, - if known. `7. Said claim fails to state the amount:claimed as of the date of:presentation.' the estimated amount 'ouany.prospective, Wury,.damage,-or lose, so far ae:known, "or the. baeie'.of computation of the amount claimed.,'. 8.- Said claim is not signed by;the claimant or by some.person on his behalf. 9. Other: JOHW A. MEJEDLY District Attorney By PAUL W. BAKER Deputy District 4tzorney... Paul we.Habr, CERTIFICATE OF SERVICE BY-MAIL (C.C. ,. :5) I certify that my business address is the District Attorney's Office of Contra Costa County, County Court House, P. 0. Box 670, Martinez, California,.and I am a citizen of-the United States, ,over 18 years of age, employed in the.County: of Contra Costa,and not::a'. party to the within action; I served a true copy of the,within Notice of Inaufficiency,by placing said copy in an envelopes) addressed as designated above, which is/are places) having delivery service by U.S. Mail, , ch`.`envelope(s) was then sealed and postage fully prepaid thereon, and hereafter wain on this day deposited in the United States Mail at'Martinez, Contra Costa County,California; I certify under. penalty of perjury that the`foregoing is,trueand correct. Dated: Juh 25. 1968 , at Martinez; California.'' /a/ Betty Yheatlh cc: Clerk of Board of Supervisors Public.Works Department cc: Donald K. Gayden,_Esq. LA-82:250:4/66 2034 slake St., Barka . r Q a r A• Z`I x41• • r e� f s 4 0 7' nn O w R 7C N O � C A K �+» C a o O m cn w a m n «"d d O rsf _ cnc- C ( y N � � � m ,o ,$.. 7-1 CJUNTY CLMK'S OFFICE : CONTRA COSTA,CODNTY Intez-Office Memo DMI1, August 6s,19661'1:, TOs Office of the District attorney }' lROks W. T. Pansch, Clerk s08J&CTs action No. 111008 _ __- -><. . .,..;-,ot:the.Superior"Court of_the.: e State of California, 'in and ' for the County of Contra Costa, !BOlLE of STATS"OP 0lLIFoRNL - vs. -.: GEORGE J. VIM, at al. _: RRRfRRRRRRRRRRRRRRRRtfRRRRRRRRRRRRRRRRRRR��ffflRiff�M�•��1 - _ Attached is copy of Su�anons aild CowpLLlt,;; : in Eaninent Dosain in the above-entitled action. Received Copy 6U 814F40- 6 ntioti Aon ,a;;f 196 fon tm Attorney.,,' 66-12-500 lbs+a 8.4 !.�. f-l3-G� Date: Board of Supervisors Contra Costa County Administration Building Martinez, California 94553 Gentlemen: RE: Request for Legal Defense I have been served with a claim, complaint,-or writ (state which) in the case of VINCENT CARUSO and MELVYN WHALIN Va. L. H_ 'FRASER' No. 11o88o In accordance with Government Code Sections 825 and 995, I request the County of Contra Costs to provide for my defense in said action. Very truly yours, a gna ure of officer of. employee) cc. District Attorney RECEIVED AUG 12 1968 W. T. PAASCH I CLERK BOARD OF SUPERVISORS COSTA CO. RECEIVED 61968 W.:T. PAASCH CLGRK RD OF SUPERYIfOM . CO ix ! Board of Supervisors .? Contra Costa County I1d•inissration suildiny "'_ mrtines. Celifornis .94SS3 Gentlemen: 1 Rs:- Request for Lspsl Defeave I Lavebeen'served witb a claim. CNWI int, or writ (atote wbicb) in the use of pomolaint of.VincenS'R Caruso vs. .. T4 .oralcnr,. at al No. 110880 In accordance with imam est Coda Bectinan • 3.-and Ig.S I request the County Of.Contra Costs to provide !os hr`defensein said action. very truly yore Signa of cc. District Attorney l2� J k i rZ t L.H.ERASER.M.D. 1�. !UNDER COROx•R Cxl•r DtruTr co/ox/R IU/LIC AOMINI/TRATOR - w/LIC.AOMINIRTRATO/ PU/ua GUARDIAN OFFICE OF CORONER-PUBLIC ADMINISTRATOR Punk auARouN" I00.]TTH snlccr PUBLIC GUARDIAN - .101r LAR JUNTAR.. RICNNON M-1.I1ORN'A PAR.] YARiINC=.CALIFORNIA 0A0// PHONR]]]•TO/O - -IHOx[]]0•]000 E.T.]]] CONTRA COSTA COUNTY. •�•=T•1 July 26, 1968 RECEIVED .IUL 3 0 1968 W.T. PAASCH CLERK ED RD OF 6UPERVISORi '. Board of Supervisors Administration Building Martinez, California RE: Civil Action No. 110880 (copy enclosed) Gentleman: I have discussed the above matter with Mr. Nejedly, District Attorney, this date. Permission is hereby requested to allow the District: Attorney to render legal services on my behalf in-this matter. Respectfully, L. H. Fraser, M.D. Coroner-Public Administrator LHF/ad Encl: liar,AitsrriirighwaatwatAttoesgW � thr.wDieaetaratawcawhQib � ALFRED A.AFFINITO ATTORNEY AT LAW 538-550 AFFI IITO LANE PITTSBURG, CALIFORNIA 94585 TELEPHONE: 437-4731 AUGnISO)AWMninfiffa IN THE SUPELIOR COMM OF T=STATE W C"LOOEN/A f IN AND POS T=COUNTY O►00=4 COIU -i VINCENT R. CARUSO,doing business as CARUSO FUNERAL HOME, and MELVYN WHALIN, doing fin. busimss as SAN RAMOaN VALLEY CHAPEL, Ns. i.. VS. Plaiatid(a) ZOWA) L. H. FRASER;ALPHONSE CAMPUCLNI and MONTE C. CAINCIAM11,1 A doing business as PITTSBURG FUNERAL HOME;J. S. CONNOLLY,C. EMORY TAY- LOB AY LOB and JOHN E.CONNOLLY. doing business as i v x x o K CONNOLLY&TAYLOR;VERNON E. BRYANT.doing business as MAC FARLAND&BRYANT FUNERAL HOME;FRANCIS L. WILSON,doing business as WIISC N& ISRAT g 9?�t.) -3 business as HIGGI NS FUNE 0ghDOE Defendants. �•" ••` TM PEOPL19 OF THE STATS OF CALUOENIA to tb abon aaard Ym an dhwetd to IDs witY the dat of this coact in whleb the shone wtitld sefbi I teidil i�etttsa I Pigdlq In nipO to tb eaadplaiat w!m!a aaa dqd saw iia onim M 1w d as mmom a.Y steam wYiis tis abra sand aaare b w vY&h Sit'dqs U amend abaiwe Joe*sat it iia adios is agaed the sine peaoaaat to Sadie 72"at the Coda of Chu Paaesdat wYW 180 dtpa�Ya an aotiaiad that tadw pea do Me a wdtim nrpmdw paaadadg,the plaiatiC(A mm tdo jdpwt as aq nmep ar h anal In Uw, �m a�up= •or wW appy M dw asset 1s any alba raW dw maw�y - _ .r �' •. Ya ZW asst tie aim"d a Amle m a say slog em mw wits as aaaapiiat aT iiia�aaa& allwwdmUbosmwdbdwMbSodmlWdAM h tMd aaiiaad der a wtdaoa plaaiq is M ' JUL I JJ.1 w T Prwti(Lck NClICE TO=PUSON SUVED(Sea.410 ad 474 C.C.P.k Ya in bwft and to tY etas aims(a �, ., paeeasiloglhaatiaapacJyeiseiadhsbr r,,. Q Oa WNtd adapaea alpwwhoda as aawna sad a aopP d the atwpisiot ataw hs dakad tr atdwt awnads(rliatt ad!part'wads I the pnrlaia d Cods d t9rLL Pnafiae tisdioa: 13 411(1) (o sgaimt a d-wile ewsawalloW ; Q "= pd aptaat a ft*p apwadoa.or aooreddwt jatat dock 0"M or moddb%Oft hrr} t. saw is Ho alae) Q 41181) (w spent A wwwahip or alba tmoowpaatsd awdeWYy Q 411Q.l,) (maWaat a toealgapwtaawitp) Q.Yoa an alas w"d r a to iaidaal Q As(a a b9bW a4 t&s palm wad ander M lid lm=met ! A i•tractd a ilr t delaeae CCT dr at0.II raw as L Y da dwaalal M die i sari.ai!Wi elw dM nisi it rir amt Mei drat at arAas al eMr Yrd m dlail� wins,.awa�aaslat dl& j • (arewaaaWf�tinaeddrMrl arwa.�r�.1'Si=ia'ar.aw Suva[ i((+wo wo.�.aar�warbaa4awa aa:arr..wA . ' r: xµ. t a: LAW g wr:rn�wo e.uoww...w j AN..2m 3 4 Attorney for Plaiatitfe AL:1.91968 s a a I.HARBAUG races; ., oo.nti.ooar�obuxt: ' 1 S IIsi THE SUPERIOR COURT OF THE STATE OF CAL>Z+OR)uIIA ! -` 1 � 9 IN AND FOR THE COUNTY OF CONTRIrCot;T1 w 10 - - - - R• 11 VINCENT R. CARUSO,doing business as CARUSO FUNERAL HOME,and MELVYN 9 �(sr.► E3 } (`.} 12 VALLEY �business as SAN RAMON q f „} 14 Pte' �IGMMgVD� z;: 13 Va.' N ti_ nr re ire } 36 L, H. FRASER; ALP HONSE CAPPUCINI and ) MONTE C. CANCIAMILLA, doing business as, PITTSBURG FUNERAL HOME;J. S.CONNOLLY.. )> '17 C. EMORY TAYLOR and JOHN E. CONNOLLY. doing business as CONNOLLY k TAYLOR;VERNON ) E.BRYANT. doing business as MAC FARLAND BRYANT FUNERAL HOME;FRANCIS L. WD:SON,” ) t 19 doing buiiness as WILSON A KRATZER FUNERAL ) LN ME;LAWRENCE ffiGGII�1S, doia�bwiaess s. ), JO GINS FUNERAL HOME:DOE ONE through DOE )- = t ,• )'• t $1 ): (:.N Defendants." QS COMPLAINT FOR TREBLE DAMA 26 T �} Z6 GES Plaintiffs complain of the defendaota, sad ea&a ahem. and7777 for '= 9e cause of action allege: f ! � � _ FiRQT •iTCF.A_F AP17�T I { 1 I jr 30 Plaintiffs, VINCENT R. CARUSO. doing business as CARUSO I 31 FUNERAL HOME. and MELVYN WHALIN,doing business as SAN RAi[ON "{ 34 VALLEY CHAPEL, and•ea&of them, were at all times msatimed } 1 licensed under the laws of the State of California as funeral directors and/or R embelm rs, and doing business as such under the name sod style indicated. .l i S and have filed a certificate and published a notice required by Sections 2466 * and 2468 of the Civil Code. f • Defendant, L. H.FRASER,also known as LEOPOLD HENRY ! FRASER. was at all times mentioned herein and naw is the dn>,slect"and 'f s acting Coroner of the County of Contra Costs, Stats at California,' 9 herein is referred to as"defendant coroner". 10 Ili � r 11 Defendants ALPHONSE CAPPUCINI and MONTE C.:CANCWULLA, i 12 doing business as PITTSBURG FUNERAL HOME;J.S. CONNOLLY. 13 EMORY TAYLOR and JOHN E. CONNOLLY, doing business as CONNOLLY 1< TAYLOR;VERNON E. BRYANT. doing business as MAC FARLAND k 7A BRYANT FUNERAL HOME:FRANCIS L. WIISON,doing businessas r ! 18 k KRATZER FUNERAL HOME;LAWRENCE HIGGINS, doing business.as Y 17 HIGGINS FUNERAL HOME:DOE ONE through DOE TEN,and each of them, ; 16 have heretofore been appointed by defendant coroner and are acting deputy `' 29 coroners of Contra Costa County, and are herein referred tows"defendant E 90 deputy coroners". Said defendant deputy coroners are all engaged in thel J k a business of funeral directors and embalmers and each of them owns. or L 92 otherwise financially interested in, an undertaking establishment in said 93 Counly• {Y iV 26 Plaintiffs are informed and believes and upon snrh informattan and of belief allege that defendants named herein as DOE ME through DOE TEN, t and whose true names and capacities are unknown to pL►iatifli at this time, I E : have joined with defendants named herein in the acts herein compltained af. t and plaintiffs ask leave of court to amend this complaint to slow their trss .; 30 names andreapacities when the same are ascertained. Sl I r V PLtiatifis are, and were at all times htreia ment[ooed, in direct r i -waewNs�wn. - ! t ,i 2 eo competition with those undertakia8 establishments In wbich defendant deputy.. ti coroners are financially.interested as owners or otherwise."Plaintiffs have S invested lar sums of mole in the assets and • I ,large Y• goodwill of their respective ; 8 business and said plaintiffs are as well or better.equipped to render proper. 8 services in said businesses to the public as those establishments or aa�"of _ �• 8 them in which defendant deputy coroners are financially interested. 7 H 8 Alarge percentage of all deaths in Contra Costa County,occur under ' 9 such circumstances that embalming, interment or disposition of the cadaver ,. 10 is forbidden by law until the certificate of death has been signed by the 11 coroner, filed with the registrar,of the district in which the death occurred IS and a permit obtained for interment or other disposition 4 the cadaver.' li deaths are commonly(mown and herein referred to as"coroner cases". u Va During the four years last past, defendants,`sad each at them, have is combined, coispired and agreed and continue to combine, conspire sad agree r i 17 together to restrict and allocate to the funeral establishments-in which the 18 defendant deputy coroners are financially interested, those death cases 19 herein referred to as coroner cases, as well as non-coroner cases sad have 20 engaged and do engage in various practices to accomplish their,plans, incl" 21 ing but not limited to the following: a 1. Defendant coroner has allowed certain deputy coroners to con 93 tinue in the business of operating andmilances even though said coroosr has t ` requested that the not do so and at the same time continue ori as de y rty25 {.< coroners. As a result defendant deputy coroners. while acting as Asia coroners, and at the same time ss ambulance'operators have been able:to direct coroner and non-coroner cases to their own funeral Lomas and eatab ]. lishments for burial service. 99 2. Defendant coroner has allowed deputy coroners without objection k + to use their ambulance service to solicit business and to transport cadavers r i Sl all in contravention of the lawsnegiaishis a[tiw and of.the:State i 3Z of California and solely"for the financial bsnntit ot•aaid dspab coroners'-'' s i ..`6" :g_ N .rf is 2 3, Defendant coroner has delegated the responsibilities of his S office to certain deputy coroner morticians with the result that certain deputy ! ,a S coroners are in effect running,the office of the elected coroner by,receiving 4 telephone reports intended.for the coroner and issuing orders and instructi i 5 that are expected of, and are the responsibility of the elected coroner. all a to the end of controlling and influencing the decisions of nezt of kin and othersS 7 having responsibility for burial to select defendants'funeral establishments i to perform said services. : 1 9 4. Defendant coroner has issued various rules and regulations to ( G r r� 30 be followed by all deputy coroners in the performance of tbeir duties, but t i 11 has continually refused to enforce these rules as to the defendant deputy,: 12 coroners and the plaintiffs have often complained to the coroner about the l 13 violations of the coroners rules and regulations by the defendant deputy. 14 coroners and others, and he has failed and refused and neglected to enfosce 1ti said rules all to the detriment of the plaintiffs pad the'advantsge of the def } Is endants. i 17 5. Defendant coroner has failed to use ordinary car*Iii cirryink la out his duties as the elected coroner of the County of Comm Costa in that be f 19 has failed and neglected to perform ministerial acts and duties required of a 20 him and has been absent from his office for extended and prolonged periods i. of time and has failed and refused and neglected to perform the official SS duties of his office for the intended 4 purposes at.arsisting dsfeadants cad 93 v43m9�plaintiffs. S S. Defendant deputy coroner with the knowledge of the defendant 25 i coroner delay discharge of their official duties in coroner cosies aad.solieit funeral directing or embalming business for Nwse fsoeral establishments in 27 Which they are financially interested. 29 7. All of said acts of defendants, and each of them, are done to r 29 create or carry out restrictions an trade or commerce and with the intent 30 to deprive plaintiffs and,other funeral directors of the funeral business in 31 coroner and non-coroner cases. 3S ----- w rwr •LIIliO/�Y/M11fe r4- t r ;wwwr.rrw - - . �as.rrs.r.r�n • r VIII 4 During the four years hast Past, plaIntifts have.repeatedly notified E 3 defendant coroner of his neglect and/or failure to perform his dntiea and to ' 4 enforce the rules and re tions of his office and of the State of California 8 and of the damaging effects thereof to the businesses of the Plaintiffs as well 6 as the actions of the defendant deputy coroners and of the damariag effects 7 thereof to the businesses of the plaintiffs and have requested defendant i- 6 comer to abandon and retire from said combinations, conspiracy and agree- 9 gree p ment as aforesaid and require his deputy coroners to abandon and retire: •{ 10 said combination, conspiracy and agreement as aforesaid, but defendant 11 coroner repeatedly refused and does now continue to refuse to abandon and 3 18 retire from said combination, conspiracy and agreement. . ys ix 14 Said acts of defendants, and each of them.'reduce and destroy axmn r 16 petition in coroner and non-coroner cases, deprive the public of the,benefits 18 of the services for competive funeral service,and exclude plaiatifls, and 17 others similarly situated, from free and unrestricted competition In said bast nags. ! '- :.V k 20 By agreeing to, enter' , and car entering•intotying out the Combination,".` 2 conspiracy and agreement as aforesaid;defendant coroner unlawfully abused 22 and wholly exceeded his authority as a public officer. .Although purporting 23 to act as a public officer in a governmental capacity, in accordance with 26 duties prescribed by law, defendant coroner did not so act In good faith.,bat,25 ` by agreeing to, entering into, and carrying out said combination. conspiracy : -2s and agreement, actually did engage and does now este in the restriction of 17 business, trade and consmerce and the prevention of competttton.. 9B ICI39 1 By agreeing to, entering into and carrying out the combination. . 30 conspiracy and agreement as aforesaid, defendant morticiww.'as'deputy i 31 coroners, unlawfully abused and wholly exceeded the authority conferred32 t upon them bylaw as public officers. Althoagh Purporting to.act as public `KrKsawnwe►s - -5- E9MMr M�11�Yr 'S ' L J 1 officers.,Although purporting to act aspublic officers, governmental, r F: 2 capacity, in accordance with duties,required to be performed by law or dela i' 3 gated to them by defendant coroner, defendant morticians, as deputy aoro I :� • L 6 ners. did not so act in good faith, but, by agreeing to, entering into and i k, 5 carrying out said combination, conspiracy,and agreement and by abnung 4 and exceeding their authority as public officers in the performance of their 7 duties as deputies, as aforesaid, defendant morticians, as deputy coroners,. 6 actually did engage and do now engage in tbe"restriction'of business, trade, 9 and commerce, and the prevention of competition. 1 10 t 11 As a proximate consequence of said acts of defendants, and each of :J 32 them, the Property. business and goodwill of plaintiffs have been damaged, ! 33 in that, among other things. plaintiffs have lost to defendant morticians, as 14 deputy coroners, the funeral business of numerous coroner and non-coroner, ltf casae to which Plaintiffs were summoned by relatives. families or nazi of E,{ M kis. b physicians..Y P ysicians,.by hospitals,.by policeofficers, os by others, and pLiia t 17 tiffs have been excluded from the funeral business of indigent decedents ;the 18 responsibility for the burial of whom is imposed by law upon the defendant f 39 coroner, and In that defendant morticians, se deputy'coronera. had been able 20 to obtain for themselves, to the exclusion of plaiutigs, a huger share at, � ;( 21 funeral business from non-coroner cases than they otherwise world have h 22 obtained, all to their damage in the sum of"Three Hundred Thousand Dollars ; 23 ($900,000.00), trebled to the sum of Nine Hmdred Thousand Dollars'" 2` ($900.000. 00). `V 20 26 Plaintiffs were required to and did engage attorneys and incurred 27 costs for the prosecution of this action, and plaintiffs ask leave to amend28 1 this complaint to set forth the reasonable amount thereof at the time of triaL, WHEREFORE. plaintiffs Pray judgment as bereivafter set30 forth. SECOND CAUSE OF ACTION' 31 _3 32 Plaintiffs reallege and incorporate herein byaroferencs each and wins w.ORMno 'Oi.M�Yi NMM, J11 4 } I every allegation contained in Paragraphs I. II. M. IV, V. VI, VII, VIII, I&; Z X. III, XII and XIII of their First Cause of Action set forth above. f a-s S 4 That the acts of defendants.-and each of them, is carrying out said 6 combination, conspiracy and agreement, as aforesaid, is contrary to the 6 general usage and practice throughout the State of California, and constitutes s•{ 7 unfair competition by defendant funeral directors against plaintiffs. ` !t ti WHEREFORE, plaintiffs pray judgment as hereinafter set forth. ". ;. THIRD CAUSE OF ACTION t 10 12 Plaintiffs reallege and incorporate herein by reference each and r 13 every allegation contained in Paragraphs I. U. III,-IV, V, VI VII, VIII. M ?. A X. ffi, XII and XDI of their First Cause of Action set forth above 15 i ltf - Defendants. and each of them,-did the things herein alleged.wath 17 - intent to injure plaintiffs and their businesses.*said acts were da a melt- t ' ciously and oppresssively. ( f y . 19 WHEREFORE, plaintiffs pray that: 2 1. That on a trial of the issues herein, defendants.and each oi 11 them, be permanentlyenjoined from any and all unfair practices in the coin= petition between plaintiffs and defendant:morticiaos, as deputy coroners. 23 and from directly or indirectly engaging in any farther acts at mtfair`com petition. 25 2. Treble damages in the sum of Nina Hundred Thousand Dollars ! 1 I (i8o0,tllNl.00):27 �7 3, Costs and reasonable attorney's fees according to proof.; 4. Such further relief as is proper.29 { r 30 • i t I ii i• 31 Py i s2 {z ...o...� :7_ Vohs-.@"488 t-- JOMM A MEJEOLY D[frMff.Grr►M4.WrIfMM �t. afTftcT ArIO11NfT - OFFICE Of DISTRICT AT7CNl W _�.a.AtrCMfr ■Atafntr 1t' JOMLM M U.CLAUf - - W.M.-W tLlw' _WM 0M.-ATf„IMr •. 0604mg W.NCCW*lt Gllp CIr1L ftfVrV COSTA . wYLM'. 0.r.wWtN1 ✓.}1�''( IMT.M/MYM ��y COMM R.WALK[M _ C&MONO "i e5.55 GIIfI CfIrtM4.00Yrr - CofMT 11w,i.fTM fLQOR ,.�./LOtM L L,n'I,,,- }'�$ ; OVYIR,.Grit Olrl,l,l/ P.O.Wi 070 MARTINEZ.CAUiFORNIA 91553 s.I.rftalf0r a J. J.•0.06%8 ntv T.J f lMrs•• ' 0.RfMMWM y - I14,Itft/AR/1fF'fI,O � 'L.V.IIMOfKM T.A.rsAnw,''' M.T.O,M Vft - IMIII,iM►r0M t i R: W.oam stt July 31' 1968 . r.r.wntrAM. ./fiutr wllaAr„c7l,r J.W. 0.0.arM,r .. s.J.Ilfae,a w.s.J,Yf, - 0.A.rnrc rrr a ffrr vi, r L. H. Fraser, K.D. -County Coroner 100.. 37th street ,. � . L Richmond, California.96805 Bes Caruso, et al., v. Fraser, et al. '.� Action No. ilo88o; your request for legal defense i<. Dear Dr. Fraser: ..We are in receipt of a copy of your letter to the Board of Supervisara requesting that the County provide lagAI defense In the subject action. . Please be advised that this office can take.no steps to •, initiate such a defense (pending Board authorlsation) until we receive all papers with which you_vere_served`;and notation of the time and place of service. , The 0 Administrator's Bulletin specifies the required procedures" and limitations of defense and liability inauranee'covsrage 4; provided by.the County. t i II -Please forward the original Summana,and'Camplaint and any other papers with which you have bean sarirod to this otfics '+ isme"atoll. I{`: Very trulyyours, John A. Notedly, District Attorney. F. :.: i' ' By Paul V. Baker, ;(- Deputy District •Attorney rYB.mh Enc. 4 I , 'V i car=CtikiZk,-CO1M!'r � .�.kbel1eiis 11e.:_3kk �� acting of we amity Administrator Adsiddtsatiw y SUBAM: Solts Aominst tbs v 2' unto bas ben a substantial increase recautlr in the mmmhar. i • of legal actions against the County and against Sefton ai and t r' employees of the county. ue following pCooeds"a soli.'applr ); for "a bgwdliao at all bgal rapers (chit* complains.:waits. ' and etdfrs. emcmp-Ing subpoenas).merged WOO DOYsy etliOgrs and ;•' employees concerning natters arising Cron their oeratr empleymsau 1. upon the receipt of any such 1'm, PaPsrsr ( i the attic" or employes soli sign its Same , and indicate tlr date and place servN OR i ,f r She list paps• , •`"` a. Mw officer or employee shell-deliver sbe papers immediately to big suporvissr for . Immediate eraesnittal to the departme" ben& f o copied of the papers Should.be arts amu Two t Copy to be retained by She dtpartmemOR*t W a copy to be to:wtdod to the 099109 Of Lbs' Ceunty Administrator. Iftnevmr possible. the papers soli-b* 1 delivered to the Office of tba 03striCt Attorney on ten dey received Ay tis etlices or employee. if delivery on the deca i received to not possible."to papers soli be delivered on the liref working der lsllem� ! lag receipt. it an officer or employ*e;is individealir served and On isms the Coouti to def"his i,i against tbt action. be *ball make s sittea request (sue attaeba0 sample)•m the Used of Supervisors. aw officer er:employrs,is sot required to tender bis'iamiir'ideal r "` s defense to tbs comatyk homwers it he dogs not do so. the Snooty.10 nos zagairrd to ,' n dtfe"lin is the Action.or to per a jiol against his. ,, o y. 2. me county Provides ins"&=@ covers" for officers awd Mpleywo sgaisst public liability pbieb ssy MAIM fcosaYeir r Col[Oty 4nployaent fl • - Howeverrr officers and Marfa Me,;astioMd T at way MY be bola individwlly.liable for panitive or r �sseplasy isagee ae"need agaiwt toss for eestee and�nlieiena aat/.as a0 iswrasoe. one be obtained te�pcovide foto 4 ""an *i • ! Y ;t � s tetarasaes amazement Gude Section d73 ds osllecesass GaSmaties 7 _ 7 5 i 7t? r t_ 1. 'r A !� t t t t � cN� + y sure coots tjou CAA 1iM► _. Its,-f {�_ t f {4S tSrje vii Siff r• 1. teenM L in tugbove W� OY • ,. Not COO Qt+• .. qtr„s::+oor►ss' t s s►� . afto". t T;i • 1i. f ti t a ti' • CONTRA COSTA COUNTY Disaster ice ]O GLAq[R pR1VL T[L[�Now[(alal at2213-WILL N.PERRY.JR.. MARTINEZ.CALIFORNIA 94053 AM((.TANT pu[[Tow RAYMOND.L.SPEAR R.E.IRON)NELSON R.RUSK RIGOR. ' N.W.(NORM)STIV ER' A.R.I ANDY)MERCAK RECEIVED JUL 2 41968 T. ASCH Kp - ClE O OF SUPER SORS July 24,1968 COST IBY put Hoard of Supervisors Contra Costa County 9dcdnistration Building Martinez, California 94553 Gentlemen: Re: Request for Legal Defense I have been served with a claim in the case of JESSE NATHANIEL DAVIS vs. COUNTY OF CONTRA COSTA, CITY OF PITTSBURG, CONTRA COSTA COUNTY SHERIFFIS DEPARTMENT, PITTSBMG POLICE,DEPARTMENT, CONTRA COSTA COUNTY DISASTER OFFICE, PUBLIC ENTITIES, AND WILL H. PERRY, JR.' In accordance with Government Code Sections 825 and 995, I request the County of Contra Costa to provide for my defense in said action. r Very truly yours, Will. H. Pertq' Jr. 8',p: 7-30-6f f. I "TM An CKOFM Atfses�a At LM 2 n34 make Street � C3Ns a 947063Ul eo77 4 Atte=n y for Claioenr 5 8 7 8 CLAIM r01 DAMAOtf AGAINST THE COUNT OF CONTRA COSTA, CITY or 9 fIITWRm, COW M COSTA COURT 810RIR65 WAWTAIR, } to Flft Rm rOLICt WASTNINT, COMImA.CORIA MUNIV .DISASM 11 0/f Ili,,N1LIC SNTTTIRS" AND WILLE. "Mo .lt. 12 eMeaM 13 I .11951L R1AlUANIEL DAVIS r[Nwta • 491810 169 Idea aalpt 14 lI the Above nommod entities and lodWi8wsle In do won of lFM 15 Mumma INOUSAND DOLMAS 0I000000.00)., 18 ') CLAIMA *S ADDWSSs n" *Aiii vltt�loi� 17 18 DAItc Om OCCvrw+Ces Awl 17, lw 19 rLACR Q OCOISRLNCIu City K,Plitablow 20 St�yof.Calll�irwrla�� 21 SAID CLAIM ARISSS VRON THE FOLLOWING.CItCUNSTAIRy1tSi _oa 22!or about April 17. 198# clelmook roe 4st+ytw ifiaeea 23 of the Contra Costa Sberiff to DW 6- err'w'rietaVr* Toltec. 24 Department for violation of Section 3106(a).d t1s.Gatn-fbsta. 25 County OWIMMsea. Cieirnt we 06ee916■tIY a#s+e/ w/es,eai/. 28 Section is the Justice Courtof the rittstuq'Jlelistal el�tfist ' 27 th violation of a curfew duria0 a !tato o[ ■samsOsy msslMrd 28 by the Direstor of the Centro Ceuta gty.blows.00liso seW 29 arrest was wrog1tal in that the State of 4sgrsy 1noe unlam" 30 and iuralid. County ordlumm A and rules and.ro iorl/ �Adei 31 authorizer) the declaration of`said State of EI■ermM W 32 trustor_ into an area pro-eegted by the State of Coliforsie is tr OAYOEN ANO GNAFFEEI - - 9.904 �i , c _ 1 uISIttaq mad Tatorana Co". aaitifna L5W of a"6 ate/ aaraajolft 2 a "pumpetLam of asacutira }frar roatad asclwiwoty In aha S .-Gover .lar. 1*14 arrest was also to Arq,atLas of wrlabwo0a 4 I,at trwiM fvw m1arhl awr¢Y asd "taws. a/ W r1elt wM 40 5 be ioprivvd of his Iib-orty vithvr.t (Jaw Mwaaaa of lir„ ail of t .VYld airs saw awat.a.? by thha umml tad ltaoa s =A Cal iiia Swam. 7 ba Lms mad ti Oai tar Kates and c l ifoaaaa otaantaa. 8 ITDW. MA?M W rTTR R M PA1YQit A DLMUSe ClaVaaty 9 by roma of ►la ayawst and Larri_aommowt, aadiaand lana at tho 10 liberty gaaraat.aor to him as a sitiwaat at the OatW aaatao. uaa 11 dfttarar in the eyes of his fodlf, ~ wart to wKox M 12 ►l a lwwtatiaa 1, Ua aaaaaa.it7 war i isrnaial laaa V W is Maw mode to w[for p4ysisal ar aaatal iarr/y. mal gar w ftem6 1 14 to lawili/ttaa. ambarroommont. fistrasa and awdoy, aU mal W 15 iia in tia waa of r FAD Ta>QISAM DKLA = (fSMaSr.S ). I t. 17 QATLtM Aad caffm 1.; 1s � 1 DOIItu X. 22 Aatawr�ro da iJ 1'R�1GAtl� 24 The r.rarsigod rac1arow mWev `lay of 25 010110 Of w at to ssO, for c l aiaa* is kratrw rat c La Lnawt . wnw " aaa.at f r. oty of Al wraia 1�a -,6 s ipmd raw h i a off ism 1 that b W raad tr that V is Lwf•rmod and be1iawa tits arttw 7 and on that srard oll" that w arttasa bMM. Znacut*e,, ow July 19. 19". batkalq C� 31 CONTRA COSTA COUNTY Disaster Office 59 CUCi[R PRtV[ WILL M.PERRY,JR. MARTINEZ;CALIFORNIA 94353 O[FIITV 91.[CTOII=' " [S.uiANT-ECM - T[[C1N9NC UIS1..6-S 0. RAYMOND L.SPEAR R.E.IRON)NELSON R.. RI OR N:W. ... .NOpM)STIVER :'A.R./ANDY)MERCAK Board of 3%xwvisors Contra Costa County Adwinistration Building Martines, California 94553 Gentlemen Res Request for Legal Defense I have been served with a claim in the`aase of MR. AND MAS. CHARLIE SANDERS vs. COUNTY OF CONTRA COSTj, CITT OF PITTSBURG, CONTRA COSTA COUNTY SHERIFF1S DEPARTMB S PIT28w BURG POLICE DEPARIl4'!s Tr, CONTRA COSTA COUNTY DISASM 9MCS+ PUBLIC ENTITIES, AND WILL H. PERU, JR. In accordance with Government Code Sections 825 and 99$, I request the County of Contra Costa to provide for aw defenas in said action. very,truly, 'y l"i W3]l N•"Perry, Jr. RECEIVED JUL 2 6 1968 W. T. PAASCH CLERK BOARD OF SUPERVISORS - Ate" a at Law 2 .034 Uaia ltroot sketc�� California 94704 3 ';Tei I SIA-1077 * ;Attaanfs for Claimants 5 s !' CLADS FOR DAMAGIIS A"=" TAt G== W G=ft 7 j COSTA, CM Or FITIIN o =111U CONU imi"05 AATA>xIlA ' Pit T mm �A!!M•fs s ,{ CO111U CDDIA CW111 DI=ASM 4"Me SIC 1111TH t, 9 {. AND VILL R. All W, A. 10 11 , W. AND MRS. CRULT19 SAMRS present a claim for dammW 12 against the aborsnamQct entities sad iadividnals in the am of Ota 13 ,MLLION DOLLA1t5 ($1.000,000.00). 14 !; CLAIMANT'S ADDRESSt 130 Corte Maria tittabarp, California 15 DATE 0? OCCURPENCEt April 17, 1%11 16 17 PLACE Of ocam RENCIt City of PittobtvD, County of Centra Costa, State of California 16 19 SAID CLAIM ARISES ?ROM Itt FOLLOWING CnKXMTANCta Go air 20 'Choat April 17, 19SS, unknown officers of the Centra Costa Goianty 21 -gWriff'f Department and the Titt9bUT6 Poli" DOPSTU", mottos 22 without swesA warrants or warrants of arrest, and without elalar , 23 ants' consent* forcibly and unlawfully entered the drollimA of 24 claimants at 130 Corte Marts, ?ittstsart. California. 11Ue fon- 25 ;ibte catty was made pursuant to a State of 10marsongy degloved by 26 wILL fl. ?tRRT, JA„ the Director of the Contra Cants County D1- 27 iaater Office. said forcible antsy was vree4gful and rnsmtl• 2a .tutiemal In that the State of Emergency was unlawhd amt lwwlid. 29 County ordinances and Yules and raAulAtianR which amtheriaad do 30 dealarstion Of said SCBtr, of Emerge, y are an intrusten lift an 31 area pre-empted by the ."tate of California in the Military and 32 Veterans Code iSectior.;�:500 et s-, ane conHtitute a usurpation of n �.�-�1��-c, L; �,�/1,'r2"G�' •* ''' .-�C{tC ti t-I ��,G-L�t' JUL 1 It weeed"Ve Mwr vested owlwiwely to the ';" �H�l"Ute„ 2 f4 fill decry rw aloe in ab"Gatiwe of elaLwte• WW " bo 3 � CIM Vdw[bt eaeach aed seieuau =0 taie TIOt to AM !M�W 4 les, all Of V%ftb ass Me:aetaed by "0 IIeitad Statae Wd 01 5 ete CeastitMtiaw aed by United notes aed Cellf raLe ftetreet• 6 7 tis, RAUU AM VTW or WAN=$ alat.Nt, fj MOM Of 8 femme and UNUM d awtvy, eefterei M AWAND"M of an 9 ad pelwasy of dwir dwelling Nra, and reee o6jeesed to 1it1 to iatiw, aieraoeament. distraw and aaadaty, all to Wr deaare 11 is to am of OW MLLZM WLWi ($1,000,000.00). 12 CAT= AM ErA1!!0 13 14 DOIfALD [• OA ` 15 Attorlo" for C16irMta f( 16 VIM] f ICAMW 17 ---�-� 1s the �wndeaalgood dostaros Marler lty K tat he to one of to ottoseeys for atalumts is aw ob"99� 19 ;' said Clalwts era abaeet frees the Coaoty of Atae redero W hie ofHaal tat be aw rood to •T% 20 and ONE he to idoteet and batevee ane MMS taw, OW ee tot treeed alt"04 to eettaw torele aro taw. 21 Nnow Ad on My 24, hoer, at teWoy, Califwleia. 22 23 D01YL>t R. OA1�N /.Sao-- 24 23 2e 27 Y 28 29 30 k 32 CONTRA COSTA COUNTY . Disaster Office ]O 04CILR OCIVC ' N..ERR .MARTINEZ,CALIFORNIA 94763- - D[wTY oU[CTOHf WILL NN.PERRY.JR. -Ro OIRAYMOND L.SPEAR ffflf R[CT011- - - T[L[.HOH[141])23f.]OOD R.E.IRONI"NlLSON , R. NICOR N.W:-INORM ORMISTIVER _ 'A.R.(ANDY)MERCAK 4,47726, 1948 Board of Supervisors Contra Costa County: Administration Building Hartiaezp Californid 94553 Gentlemenz Re: Request for Legal Defense I have been served with a claim in the case of GERTRUDE LEMMRD vs. COUNTY OF CONTRA COSTA, CITY OF PrrMUBO, _ CONTRA COSTA COUNTY SHERIFF'S DEPAROMT, PITTSBURG POLICE.:` DEPAFz=T, CONTRA COSTA COUNTY DISASTER OFFICE, PUBLIC EmTITIESS, AND WILL H. PERRY, JR. In accordance with Government Code Sections 82$ and 995s I request the County of Contra Costa to provide for:ems defense in said action. Very troy yours, Will H.Perry:Jr 7-.-W. T. VED 1968 SCHARD OFUPERYIgORB TA CD. erg 7. 1 �SAtUN AND CRAFFEF lig st Law 2 mx Fiske Street Cdolff, California 94704 3IlTela/raass US-1077 4 ';iAttorMV for Clal snL 5 e CLAIM FOR DAMAGES AGAINST THE COUNTY OF C0NM COSTA, CITY of PITTSRi1RC, cowrRA COSTA COI\IY WRVP'S DEPARTMENT, PITTSRUHG POLICE DEPARTMENT, CONNA CMA COiRRY DISASTER OFFICE. PUBLIC ENTITIES, 9 �; AND b'ILL Ti. PERRY, JR. 10 is 11 ;s OMTAODE LEONARD presents a claim for damages sgainst tt_ 12 :'above-named entities and iwdiriduals in the sun of ONE MILLION 13 DOLLARS ($1,000.000.00). 14 CLAIMANT'S ADDRESSs 195 Corte Maria 15 Pittsburg, California 18 !� DATE OF OCCURRENCES April 17, 1968 17 'i PLACs OF OCCURaEXCES City of Pittsburg, Ceunts of Contra Costs, 18 1 State of California 19 ` SAID CLAIM ARISES FROM TIO; roLL041m CIRamnANCEs, ` Ori ar 20 :absut April 17, 1%8, unknown officers of the Contra costs County, �. 21 ;iShsei!!•s DeRsrtnnt and the Pittsburg Poliee.DepsstSSant, actin, 22 ;;without womb warrants or warrants of arrest, and,without 23 �clstsw t•e consent, forcibly and unlawfully entered the tiweitini; 24 i{sf clatumaL at 115 Carte Maria, Pittswfg California. Thta 23 �jforeible entry was olds pursuant to a State of Emergency doclaree 28 iby WILL R. PARRY, JR., the Director of.the Contra Costa County 27 ``Dtsastar Office. Said forcible entry was wronsful and unconst'- 28 :,tutionel in that the State of Emergency was unlawful.'and hl alto. 29 1Couoty ordinances and rules and regulations which authorized the 30 i4ectaratiou of said State of Emergency ere an intrusion intc >)n- �. 31 uses pro-oupted by the State of California.in the Military end 32 ;,�Jkteralno Code Sectio/n�s, 1500 et sen, and constitute a u.7srpation of L .r`c f "kt 111Lir� I i!somomuw PON" r�at�di swl"a Vely io an Swummme mew adsp- 2 jl irl antsy wo a1N in• iM of claimmo-o rw to ba 3 Its untortal search and soiswe and bar ritbt to duo NttoM 4* u 4 lav, all of vbicb are Ruorantaod by tbt altod Sltaftta me ftaft 5 Ria ConotitUtiw MW by aitad States Md SWASOMd Wwr/6 8 t�, was Am nuw A wows, ow e jot addiraaibto and s tadhl ashy, arttwi w • bumew 40 '60 9 �;;aaastity or/ WVMY of bor Mlliat [tame, ad wr 816j tuw to i 10 'j bsdliotiw. aiasruwswt. distress and ansioty, all to bw 11 . dares to do wimm of OW k%LLM1 DOLURf (l1.00.NO.M). 12 CAYIM MW CNAPM 13 14 15 16 !; DWAW Ke 17 18 ift r•1 lamed declares under Penalty of *st�ts� that bo to 1s °dot Me Attesomp for Clolawt In Um Notre do tbot rw 20 ma to obowt iter the Omaty of Aland[ In am bot bis ottiool that be bas rood UN t *let" wr 21 'bs to lfftmed and bellowao the rttap a be tspse and on that taarrl allot.. do matte" tborols eata r ro. 22 dtwRad on Isly 24. 19N. at Ysbalayr ColUsinde. 23 24 23 I I 28 2711 28 I 't 29 , 30 31 II I 32 �( it u CONTRA COSTA COUNTY Disaster Office _ - _ ao cuuc.n{Ivc OI.[CTOR WILL H.PERRY,JR. MARTINEZ,CALIFORNIA 94553 Orn/ttou[-0 . -'- .RAYMOND 1..5PEl1R A{{I.TAKT OIRL�TOR TLLL�HON[IA)a)32..x000 - R.6(RON)NELSON "-R..RUSK.RIGOR: N.W.INORM)STIVER ' A.R.IANOYI,MERCAK July L*i .1 Board of Supervisors Contra Costa County Administration Building Martinez, California 94553 Gentlemen: Ret Request for Legal Defense I have been served with a claim in the case.of CALLIE JAMES vs. COUNTY OF CONTRA COSTA, CITt OF`PITTSBURG,` CONTRA COSTA COUNTY SHERIFFLS DEPARTMENT, PITTSBURG POLICE DEPARTMENT, CONTRA COSTA COUNTY DISASTER OFFICE, PUBLIC ENTITIES, AND WILL H. PERRY, JR. In accordance with Government Code Sections 825 and 995e I request the County of Contra Costa to provide for j defense in said action. Very truly'yourse:. Will H. Peri)ys Jr* . RECEIVED JUL2 6 1968 W. T. PAASCH 1,CLERK BOARD OF SUPERVISORS !L CO T COSTA CO. B M' D{Iwty I CAYDEN AND CHAFFEE $ Attorneys at Law 2034 Blake Street 3 Berkeley, California 94704 Telephoner 548-1077 4 Attorneys for Claimant a s 8 CLAIM FOR DAMAGES AGAINST THE COUNTY.OF CONTRA 9 COSTA, CITY OF PITTSBURG, CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT, PITTSBURG POLICE DEPARTMENT, 10 I CONTRA COSTA COMITY DISASTER;OFFICE, PUBLIC ENTITIES,' 11 , AND WILL H. PERRY, JR. 12 ± yFst* 13 CALLIE JAMES presents'a claim for damages against t!ie above 14 � named entities and individuals in the sum of ONE �IILLION DOLLAF3 15 ($1,000,000.00). 18 CLAIMANT ADDRESS: 130.Diene'Street'.` 17 Pittsburg, California lg DATE OF OCCURRENCE: April 17, 1968 19 PLACE OF OCCURRENCE: City of Pittsburg, County of Contra Costa, 20 State of California 21 SAID CLAIM ARISES FROM THE FOLLOWING CIRCUMSTANCES: On.'or 22 about April 17, 1968, unknown officers of the Contra Costa County 23 Sheriff's Department and the Pittsburg Police Department, .actirg 24 without search warrants or warrants of errect, and without 25 claimant's consent, forcibly and unlawfully entered the dwelling 28. of clatmant at 130 Diane Street, Pittsburg, California. This 27 forcible entry was made pursuant to a State of Emergency declared 28 by WILL H. PERRY, JR., the Director of the Contra;Costa county 29 Disaster Office. Said forcible entry was wrongful and un' 30 constitutional in that the State of Emergency was•unlawful. and ' 31 linvalid. County ordinances and rules andregulationsWhich 32 authorized the declaration of said State of Emergency are an GAVCWN —o cmArmr 11, L:�,�/lld���� �� -.��Lt�[t.� TYOMeK�.FIM7 //'i�/ WI 1 intrusion into an area pre-empted by the State of California in 2 the Military and Veterans Code Section 1500 et aeq, and 3 constitute a usurpation of executive power vested exclusively in . .'' 4 the Governor. Said unlawful entry was also in abrogation of 5 claimant a right to be secure from i,nlRwful search and seizure e and her right to due porcess of law, all of which are guaranteed- by the United States and California Constitutions and by Unito•'_ 8 States and California Statutes. 9I 10 i MMS, NATURE AND EXTENT OF DAMAGES: Claicrant, by reason of said.' 11 6forcible and unlawful entry, suffered an invasion of the sanctity; hand privacy of her dwelling place, and was subjected to (�( 12 1�. f 13 humiliation, embarrassment, distress and anxiety all. -to horrl I - 14 damage in the sum of ONE MILLION DOLLARS ($1,060,600.00). 15 ' GAYrEN APID CHAFFEE 18 17 f{ lg I Donald K. Gayden I Attornevs for Claimant j 19 20 II VER IFICATIO'' 21 The undersiered declared under penalty of perjury that hr l is one of the Attorneys fn- Claimant in the above claire, thAt 22� said Claimant if absent from the County, of- Alaiaada in whi tlu2 undersigned has his office; that he has' rend the forego lnc,.=c1 r:;, 23 and that he is infonred anct belie-.es the matters therein to !.e true, and on that.ground elleges the matters therein are true. 24i Executed on July 24, 1952, at Berkeley, California. 25 Q . 28 :C � c c Donald K. Gayden 27 28 29 30 31 32 SAYOEN SMG CHAFFEE - ..eti —2— "7D4 2—"7D4 - 6dv C In " Board of Supers oc of -' Contra,Coda County, Stale of Colifomia -,t +F,' z R 611M MsMor of .�. Authorising Payment for Lost Personal rroprty at Coosity Jail. The Board of Supervisors luring coosidared'a oLia in the ammint of *M presented by Mr. R. A. NeLllar,_230$ swMar Valley, Ala , California for personal PropeetT=lest"'tihile under_000aty,oars, and custody at the County Jail; and: no,Board having determined that said ola1w Is. a" slid Old ps�eper cbar60 against the oouaty; NOV' THMWORS, on motion or Supervisor 2. A. Liasohsid,,- aeoaaded by Supervisor J., P. Sony, IT TS.BY Tn BOARD ORDS that;tea County,•Anditor.-Controller is DIRSCM to paf: said sla3s.. d of ths.soaThe foregoingorder was passed by tho,follerag irote AYES: Supervisors J. P: Eengys J..B. Moriarty, T. J. Coll, 2. A. 7:iasoheid ' NNS: Nene. ABOUT:` Xopervisor A. N. Dias, I Mxeebr=r*&w forpoinp is a /rot and aoneed aopr of in ayewi OR die ` Ww"of said toad of&Vwvbm on Mn dow afornokl. oc s Mr. MaEollar Wwww ar load and dlw Sod of dr ft d of Administrator Super.uon Auditor affixed Supervisor Moriarty [� W.T. IPMWKO Clerk far [��eutiekA&.2a� c■,ry,:cl„k :ns�« Loarette N, Barrer CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: Janice Hall Address: 2920 Sycamore street, Martinez, California Attorney: Marchmont J. Schwartz P. O. Box 111, Martinez, California Amount: $400,000 Date Filed: July 26, 1968 By delivery to Clerk p.rs, .. By mail,<postmtrked I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief. Civil Deputy, and related documents. Attached is a copy of the above claimA Is it sufficient and does'it comply substantially with Government Code Sections:/910 and,910.22 _ DATED: Ju y 26. :968 W. T. PAASCH, By,�dot,,o/ A3rlrrs-Y�f II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors ,� _ Above claim complies sub antial y with Gove nt Code Sections 910 and 910.2. 'Above claim FAILS to comply substantially with said Sections: ( ) Board.may not act on claim until 15 days after notice is given by this office; Do not file claim, time limits have expired. X We recommend referral to: QQ County's general insurance carrier; (( )) Other insurance carrier; District Attorney. DATED: ..9 a A JOHN A. NEJEDLY, ,By Du y III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Buslness 8r(Services Manager (2) District Attorney, Attention Chief Civil'Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors onu Neal—lo 6 1 68 = (copy of Board Order also attached). ease orwa s clalm to` the County's general insurance carrier (or ) Claimant notified of this action.per.Govein-m- e sec- tion c tion 913 on u ust 8 1 68 and memo thereof filed and: endorsed on c a m, per overnment Code Section 29703. DATED: August 8,1968 W. T. PAASCH, By 2&r, Nancy ng;eana* IMPuzy IV. FROM: (1) Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: d- Public Works, By DATED: District Attorney, By deputy DA-81:1M:4/66 August 8. 1968 Marohmont J. Schwartz Cos & Cummins Attorneys at Law P. 0. Hos 111 Martinez. California Dear Mr. Schwartz: Enclosed is a certified copy of a board order adopted by the Board of supervisors on August 6. 1968 denying the application for leave to present late claim on behalf.of your client. Janice Hall. Very truly yours. W. T. PAASCH. CLERK By Nancy Ingraham Deputy Clerk ni Enclosure 61983 pAA$CH o4awK.o�en os w�noes JANICE BALL, Claimant, APPLICATION FOR hEUt1a TO PRESENT"LitTECLAIM.$? _vs_ MAVA301 wr,;J.,SCNNIIRTE ON . BEHALF OE CLAIMANT COUNTY'OF CONTRA COSTA, SAMUEL GROSSO M.D. TO THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA• STATE OF. CALIFORNIA: 1. Application is hereby made for leave,to present a late'':claim founded on a cause of action.`for'•medical mal practice resulting in permanent disability,to claimant which accrued during the montbs of January. February and_ March, 1968, and for which a claim vas.,not''presented within the 100 dayperiod provided by Section 911:2 of the , Government Code. For"additional circumatances;relatinw,to the cause ofaction# reference is made to°the proposed claim attached to this,aPPlication. 2. The reason that no claim;vas presented'durinq the: period of time provided by Section 911.1of the Governsent code in that the claimant, JANICE HALL.oas a minor dusiag all of the 100 day period specified by Section 911,'.246i Presentation of the claim, as is more particularly set forth in the declaration of Harchmont J. Schwartz attached.herreto '; 3. This application is being presented 41thin a ` reasonable time after the' accrual of this cause=of action; , as more particularly shown by the attached declaration.'of Marchmont J. Schwartz. WHEREFORE, it is respectfully requested,that this application be granted and that the attached proposed-claim -1- t - - t ?ey F be received and acted on fa accordance with Sections � r 1. 912:4 912.8 of the Government:Code IMTED July _ 1968 n d Svy 4� M t* COX.. =]►ttorneys for Claimant' arc mon s z� 1tN �L r � z r X Y Y F l- �v ° - r � 1- "s � s c 4 +r t L f S fi J i - b x F I 3:' f .�..' ., -.:r:cp_�_-X,. .... •, :r�� - k �� +,. y3u ...,.L .�Y�,.tx���1RF`T _ FILE • i9og I.A. T. AASCH CLERK 80AR0.0F 6UPERVIWRi BEFORE THE BOARD OF SUPERVISORS OF THE h COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA CLAIM OF JANICE HALL, Claimant, -Vs- CLAIM FOR PERSONAL INJURIES AGOV!,t. Code iS°910)- COUNTY OF CONTRA COSTA, SAMUEL GROSS, M. D. TO THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, , - STATE OF CALIFORNIA: You are hereby notified that JANICE HAW whose address is 2920 Sycamore Street, Martinez, California, claiss damages from the County of Contra Costa in the amount,:computed as of the date of presentation of this claim,'of $4004000.00,- plus all future medical expenses incurred as a result of the' injury to claimant's leg. This claim is based on personal injuries sustained-by.. , claimant on or about the months of January, February and March, 1968, while in the County Hospital, Martinez, California, under the following circumstances: While under the care of Dr. Samuel Gross and%others whose names are presently unknown, claimant suffered permanent'shortea of one of her legs and permanent disability as a result:of the negligence of the Hospital and County employees. The names of the public employees causing-claimant's in- ` juries under the described circumstances are Samuel Gross, M. D., and others whose names are presently:unknown. The injuries sustained by claimant,'as.fai as known, as of the date of presentation of this claim, consist of.a shortening and permanent disability of the left leg of claimant. -1- f ter • • The.aaount claiaed, as of the dsb of.presentation'of this claim;is ooeiputed as follows: Future expenses,for medical an hospital care. S`-Sreaently Uslmam ceneral damages 00-00 Total daiiages incurred to date '' 5600.000 00-4lns r futurer�edicai:expenses all notices or, other.comamnications ,with regard to_this claim should be sent to claimnt at Cox i Cm"ns,. O Sox 111, Martinez. California. OATEM Julyy�i.1968 �- CLA- 5 . SCflitaATf _ 3 t R _ 3 2 3: r Y t t _ 4, 1l zl f t i'. 3 ',_ fit.: •. - • FILED 26.9:,8 W. T. PAASCH -Cl4RK BOARD OF SUPERVISORS - JANICE HALL, nw eoatw co.r sy Claimant, DECLARATION IN SUPPORT OF APPLICATION TO FILE:A LATE -vs CLAIM FOR.PERSONAL INJURIES COUNTY OF CONTRA COSTA. MARCHMONT J. SCHWARTZ, declares under penalty of perjury as follows: I am an attorney duly licensed to practice law in the State of California. On December 15,:1967, Mr. and Mrs_JOHN HALL and their three daughters were involved in a serious auto-' mobile accident on Highway 4, .west of Martinez, California. As a result of the accident, MR. JOHN HALL was fatally itijured_and Mrs. Hall and her children, JANICE, DIANE, and LINDA Were injured... JANICE HALL was immediately thereafter admitted to the County Hospital in Martinez, where she remainid until approximately,the middle of March, 1968. During her stay at the County Hospital JANICE underwent two operations for injuries to.her head and left leg. Upon being discharged from the Hospital, JANICE has continued to receive treatment at the County Health Center in Martinez, and is presently still a patient there. During the latter; part'of March, Mrs. Hall discovered that JANICE'S left'leg was considerably shorter than her right. In May, Mrs. Hall took.JANICE to an ortho pedic specialist who concluded that JANICE would have to'have cor- rective surgery. Thereafter, in June, 1968, the possibility'Of malpractice came to declarant's attention. JANICE.was born March 18, 1953 and at all times mentioned herein has been a minor and therefore falls within 5911.4 and 5911:6(2) of Government.Code. Declarant respectfully avers that in light of 'the above mentioned matters that JANICE has acted expeditiously in pur- view bringing her claim to the attention of the Board of Super- -1- visors and that her application should be,granted in the 4-6 eats of. j"tice. Reapeatfully submitted. Marc wont J. Sc Na tz - r 72-7 4. f yb; �l- J r _ 3 r t fJ i t, `CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: Douglas Leroy Barker Address: 9609 Broadmoor, San Ramon, California Attorney: Amount: $2,500 plus bills to follow Date Filed: July 15, 1968 By delivery to Clerk By mail, postmarked July ll. '1 ------------ I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient and-does it comply substantially with Government Code Sectiojns�91 a 910.2 i DATED: July 15, 1968 W. T. PAASCH, ByIIbr r ptl y II. FROM: Office of the District Attorney � F-GTE��L .� TO: Clerk of Board of Supervisors Above claim complies substantially with GovernmentUbddi1968 Sections 910 and 910.2. X Above claim FAILS o comply substantially wit19lS3Wj1dATT00 `S 0 FIDE Sections:Al#&-r L.. 7//6/CS tAARTNEZ (� Board may not t on claim until 15 (""NWOUNTf,cult notice is given by this office; ( ) Do not file claim, time limits have. eapired. We recommend referral to: ( ) County's general insurance carrier; (( )} Other insurance carrier; District Attorney. DATED: 5� JOHN A. NEJEDLY, By pu y III.- FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors on Au •ust 6.`1968 - (copy of Board Order also attached). Please rorward.this .claim to " the County's general insurance carrier (or' ) Claimant notified of this action per Governmen a Set - tion 913 on August 8. 1968 , and memo thereof,'filed and endorsed on c3aim, per Government Code Section 29703• DATED: August 8. 1968 W. T. PAASCH, Ny9ZiRg =, eDu y IV. FROM: (1) Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of.above claim and/or board order, and forwarding endorsement III. (7 DATED: -8- Public Works, Byy��.,.,. DATED: District Attorney,'By `lXzAuu.: e•/4...a u y DA-81:lm:4/66 August 8, 1968 Mr. Douglas Barker 9609 Broadmoor San Ramon. California Dear hlr. Barker: Enclosed is a certified copy of a board order adopted by the Board of Supervisors on August 6. 1968 denying your claim for damages which was filed in this office on July 15. 1968. Very truly yours. W. T. PAASC$, CLERIC By Nancy Ingraham Deputy Clerk ni Enclosure YOTICE OF INSUFFICIENCE !'o:' DO LaRoy Barker Be: Clam Ag-4 t Contra '.009 Broadmoor Costa Cornu Son Ramon, California You Will Please Take Notice as follows: The claim presented by you to the County of Contra Costa fails to comply substantially with the requirements of California Government Code Sections 910 and 910.2 or is otherwise insufficient for the, reasons checked below. x 1. Said claim fails to state a cause of action against the County of Contra Costa or any employee thereof.` 2. Said claim was not presented within the.time limits prescribed in California Government Code Section 911.2. 3. Said claim fails to state the name and post office address of the claimant. x 4. Said claim fails to state the post office address to which the person presenting the claim desires_ noticesto be sent.. 5. Said claim fails to stata the date, place or other circum stances of the occurren-e or transaction .which,gave rise to the claim asserted. 6. Said claim fails to state the name or names of the.publia, employee or employees causing the injury, damage, or loss, If known. x 7. Said 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. Z 8. .Said claim is not signed by the claimant or by some person on his behalf. x 9. Other: (1) Charlotte Wood School is under the San Ramon Valle! Unified School e r e , no o e . o ra Costs is alleged (8)�"A. Hutton"- sianiaa Aw behalt.et elaiaaat fall o r a e s re a zonarap o:e man , or my ev to file the elala in his.behalt: JOHN A. NEJEDLY JUL 16 1968 District Attorney W. T. PAASCH CLERK COARD OF SUPERVISORS CON R osrA co. By Paul W. Baker a 6 .1 Deouty District Attorney CERTIFICATE OF SERVICE BY MAIL (C.C.P. 1012, 1013a, 196-3T2-VT, 2015:5) I certify that my business address is the District Attorney's .Office of Contra Costa County, County Court House, P. 0. Box 670, Martinez, California, and I am a citizen of the United States, over 18 years o, . age, employed in the County of Contra Costa, and not a,party to the within action; I served.a true copy of the within Notice of Insufficiency by`plaeinR said copy in an envelope(s) addressed as designated:above; which Is/are place(s) having delivery service by U.S. Mail rwhich envelope was then sealed and postage fully prepaid thereon, and;thereafter-was, on this day deposited in the United States Mail at Martinez, ;Contra Costa County, California; I certify under penalty of perjury that the foregoing is true and correct. Dated: Jul]► 16, 1968 , at Martinez, California. /e/ latslela Le1ea M:pk cc: irk of Board of Supervisors Public Works Department DA-82:250:3/68 R„: vein" V ,t t. � • a � O a c, s 4 �. O' v x %fry fi f CLAIM AGAINST THE COUNTY OF CONTRA COSTA Government Code Sections 910 to 911.2 require that all claims must be presented to the.Clerk within 100 days from date of accident. CLAIMANT'S NAME AW r4W ��` .�.�OW CLAIMANT'S ADDRESS.1 i ,",5W,gi,y TELEPHONE AMOUNT OF CLAIM ADDRESS TO WHICH NOTICES ARE TO BE SENT DATE OF ACCIDENT LOCATION OF ACCIDENT C11,W1o7V'E .Fico/ 3cysY HOW DID ACCIDENT OCCUR 70. 1z"Ple COGL/,trf DESCRIBE INJURY OR DAMAGE NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN scymc f r4le!171V5 0�1' c��.ilfoTTt I.W. S�QoG ITEMIZATION OF CLAIM (List items totaling amount set forth above) 7 9 $ $ $ TOTAL $ Signed by or on behalf of claimant • >r./ FILED JUL 1519&8 W.T.PAASCH • • C, CJUNPY CLEWS OtFICS Comm COSTA COUNfY Inter-Office Memo DdITBt August'1,.1969 TO& Office of the District Attorney IRON& W. T. Paasch, Clerk, s=tars Action No. 107781 of the Superior Court,of the State of California, in and for the County of Contra Costa, DAVID SUPPIM vs. . MkTHILDA VAN RUCK MN COUTTY MP' ale ,._.. r.;.0 .. *���t�t*as*t*Brae:wss3*••s••sststststtsifs�ss*N�sts�l:�•N, - ;Attached is copy of Sumons.and"Aasndad Cb�pLiIIt ' 1II the above-entitled action. , Receivtl C7pY'ot aeoue=` mentiooed,dDCn�s1lRe-tbis�. . + of dsy"„ 19—Gt1__' for the �stiiet " Attorney. 17 `amu tom. C N w.Ja(. 66-12-500 Yom 8.4 CJUNPY CLSRK*S OFFICE Cam_A COSTA COUNTY Inter-Office memo DATE: August 1, 1966 Toa Office of the District Attorney MON& W. T. Paasch, Cleric SUWWTs Action No. 1_10799 of-the Superior Court of the State of California, in and for.the County of Contra Costa, Cornell Waw Wartaa V-1 Count�of Cont i' amt. Attached is copy of er %t 10n OL e_.....11 tiwn. Yertla fow leaee'_to"nr�a�t Lti"'` 'also"'- In the-above-entitled-action, Received ppg;of above- _ . mentiowd dDestaeRs_tAis . ,, Anday,_ol.-��, ' 9 nfor &VOCt, Attosn�y 66-12-500 loss 8.4 7 rl A -G CoO• - �= I .80=Rti, rDYGtr. BROWN!A1RAMON iat itOOZRT�,c R s Sam 79602106% W C� RECEITED t . T..PAAtcsv . s A11e��a for padltemes o�tau.eo-an or-lipccl�loom ow -.� d ,r a" no zee snp=wa conaT or Tilt s?ATZ cr Cw TaComm NtOR>QA >M w>m!OR t Cojgt m Cr COMMA COffA 10 11 L No bfaffe:d We A�pticatton d ) 12 CORKZ"•ATMJ C WART=, ) -MO. 1109!! 13 toe levee a pMNt Lte claim. 1 OMDSM 14 16 Mw M"a d Richest U. lrasw ua�os Qoneo�oat CeM, x: ld !oe vow loom Oowsampt Colo f!� came N sesalaely br beadu> 19 beforeth . e abase eatldoA goast a Jdr;W 1 r ", egard ice MfWeaer, t 1a 1H1css, lues, Swears,k Absam000,'1r Richest M. Casloe,4't09., 19 appmwb& ad gouged for as County of Caafsa Coefa baeias ac emfeeMow 5. 90 ,1a aReia*m ad*9Coon betas foul AMset In the proodsoo.. , 1?U BZRTAT OEM=OU oast Peddom be-ad M ft al 99 got that'�aelawe im bm low"leak eau e.bob if of csvaeu ayae $.t vastoc m 60cave of aeetsa a wbkb w gids"1"" l"61" � r of r.gate areae", Dam's Jolt ti, I%L 28 27 JHOMAS F FRAGA ss 29 30 S1 32 YM.YIOO NN. yr 8-� �R k CJUNTY CLEMIS OFFICti . CONTR.'► COSTA COUNTY Inter-Office Nm* Una$ July 29, 1968 TO* Office of the District Attorney FRONS W. T. Paacch; Clerk SUW=Ts Action No. nOhO7 of the Suparicr Court of the State of California, in arA for the Ce;_nty of Contra Costa, P�o838 of the �tat� of bLifer� ca. �tilnt1 .t ei_ s :*see:•t**sN*::�►:*s**.*s:••s�*:••**taissesetsstsseeiseeee Attached is copy of Sussone and CaimUlmt in MaNlt ae�ala. In the above-entitled action. Received copy';of,llll - mentlam d doememts.'-Alts 1 6 to0 t tM Attorney. 66-1z-500 Fors 8.4 CJUNTy CLMK9S OFFICE CONTRA COSTA COUNTY Inter-Office he" DATE: July 20; 1968 TO& Office of the District Attorney imams W. T. Paasch, Clerk SO&7B=s Actionno..._ , ni.n� of the scpaxior Court of the State of California, in and for the County of Contra Costa, vs. ►rrr+►wrrrrrrrr,►*arrrrrrtrrrrrrrrsNrr•�rrr**•trr�►irreeerrreeerft!- Attached is copy of S lingo- asr:.Caspia :.Jia_ In the above-entitled action. Received capy of ab6w- mentioned,doemefts-this day'of 19bg_, ;fes tht DiStsiCC Attorasy. 66-12-500` loses 8.4 1 • • CJUNTY CLSWIS JFFICE COMA COSTA COUNTY Inter-office gleno DAT&S July 290,1968 TO& Office of the District Attorney lucks W. T. Paacch: Clerk SUWWT:` Action No.110ZQQ of the Superior Court of the State of California, to and for the County of Contra Costa, People of the State of Califayosa vs. Wiliam C. Adams, et al. e:etee*e:e**••s�a•s e*a::*,r*,r:s*s,er*:s:,►**as*s+►*tess�:aresere Attached is copy of SumAona an amplaint in WA*nt`Dayia in the above-entitled action.. Received c*pr"of,ebow- mentioned'd0imme ""tiffs 2 day o!:" 196 for the Fttorney. 66-12-500 Mrs 6.4 f . CJUNiY CLOX'S OFFICE CONTRA COSTA ChIARM Inter-office kiss* iwas July 29, 1968 TOs office of the District Attorney i►i0}►s W. T. Paasch, Clerk s wwrs Action No. 110701 of the Superior Count of the State of California, in and for the 0=nty of Contra Costa, People of State of California Vs. .. Victor H. Paraohini,.et al. a+rh*r,et*::•sr*.,:x,ca,r#a::ws+r:s,r,a,►*s,r:►ws�wi��u*r►rs,��**wsr�i Attached is copy ->f Sumons and Ceapiaiat in Foment Da+riia In t1W above-entitled action. - Received 403Y ots alww- Mentioned this nth of. 1968, fos tlat . Attorney.,- 66-12-300 Yam 8.4 Ciumn CLMKIS OFFICS r CJNTRA COSTA_C3tlNTY . "ter-Jftios "Is" nt►iBi July 25,`1968 . TOs Office of the Oistiict Attorney htOM: N. T.- Piasch, Clerk Bm=Ts Action so :U0368-- of 110368 -Of theSuperior_Const:o the BCste of California, ia:and .. for the Oannty of Ci""a Costa; Roscoe Cooper`and-Veriens-Cooper his wife va. Seabord FL et al - Attached is copy of Sana.s»d-OaipL1M to'Qniet'Title to-Bal-lroperty 1a the above-entitled action. aeeaivid c�rof above- oaad - attotlls�(. 6fi-12-'S00 Fbt+a 8.4 E 8.m 7.36-G,f `APPLICATION FOR LEAVERO FILE LATE CLAIM AGAINST CONTRA COSTA COUNTY Routing`Endorsements Claimant: ALVIN EUGENE MOORE Address: c/o Raymond E. Schaal, Esq., 337 Tenth Street, Richmond, Calif. :; Attorney: Raymond E. Schaal, Esq., Cannelora & Wright, 337 Tenth Street, Richmond, California 94802 Amount: $20,000 Date Filed: July 22, 1968 By delivery to Clerk by Attorney I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy application for leave to file �sTt Attached is a copy of the above/claim. Is it sufficient and does it comply substantially with Government Code Sections 910 an -910.2? DATED: July 22. 1968 W. T. PAASCH, By pecii;pthur T. nt M.w pu y II. FROM: Office of the District Attorney TO: Jerk of Board of S vis &L A, Above claim/Ccomplies sdbstantially wi Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said _ Sections: ( j Board.may not act on claim until 15 days after notice is given by this office; ( ) Do not file claim, time limits have expired. _ We recommend referral to: County's general insurance carrier; Other insurance carrier; District Attorney. DATED: JOHN A. NEJEDLY, By Gu y III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention.Chief Civil Deputy application for leave to file late Attached are copies of above/claim which was.REJECTED by the Board of Supervisors on Jul 30 1968 (copy of Board Order also attached). ease orwa s claim to the County's general insurance carrier (or ). Claimant notified of this action per Governmen a Me_ tion 913 on July �0. 1968 , and memo thereof filed and endorsed on"Ta m, per overnment Cod Sect on 2 03.E j DATED: jiy ao_ 1968 W. T. PAASCH, By. DODU IV. FROM: 1 Public Works Department (2) Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above-claim and/or board order, and forwarding endorsement III. DATED: July 30. 1968 Public Works, By DATED: .r„iy -4O- 1968 District Attorney, By nau �... C• Ac Deputy DA-81:1M:4/66 _ p jUL 22 1968 DISTPICT ATTMft Epp OFFICE . CO IV7 TAARTANEZ RA COSTiI COUNTY,rel ir- r July 30, 1968 Raymond E. Schaal, Esq. Cannelora & Wright Attorneys at Lax 337 Tenth Street Richmond, California 94802 Dear Mr. Schaal: Enclosed is a certified copy of a board order adopted by the Hoard of Supervisors on the above date, denying the application for leave to file a late claim on behalf of your client, Alvin Eugene Moore. Very truly yours, W. T. PAASCH, CLERK By or3thy Lazzarini Deputy Cleric dl Enclosure 1 .CANNBIOIIA� W�oar 11>'RNTH srReer /f RICHMOND.C4L.IFORNIA Y1B01 - fi Tr, EPHONC 232.1180 3 4 F1LEt'� 5 Arromm soe Claimant +� L 221966 W.T.lAABCli 8 CLAM�o aF SUPO lis waF 4 ? a' 8 9 10 Claim of ALVIN EUGEME.MOME, * n 11 Claimant„ } APPLICATION lit.LUVB_18 FI T.B ,t Un CLAD!'31-CId MUM 13 COUNTY op Colic" COSTIAO 14 t 15 To THE BOARD OF SUPERVISMS FCR THE CAIIRY OF.CQWM COSTA: 18 I 17 Application is hereby as& for Ieave_.to prsseit &`* a 18 claim founded on a come of action foc persoosi injury titiCh occur 19, red on.or about July 27, 1967, and for which a clai wis not pre . �'. rented within the 100 day period provided by-Seotioe 911 2 of the 21 Goveras►ent Code. For additional circuMtanCsa ralating.f0 the 22 of action, reference is made to the proposed claia:attaclud to this ,4 23application. � I1 25 The reason that no claia was presaWed during the'pesiad of 2atiae provided by Section 911.2 of tha'Govera�ent Cade is'that c 27 ant, throng mistake, inadvertence, suipift9 sai excusable daplect 28 and the County of Contra Costa was not prejudiced by this failure, 29` all as more particularly,described by-the attached declaration;of 30claimant. Also, claimant was physically incapacitated dnripg the, Si 100 day period, 32 _y I-- WHEMOBE, it is respectfully:requested, that th"-applica 2 tion be granted and that the-attached proposed'clalm be received 3 and acted on in accordance with Sections'9144-'9210.8 of the 4 Goverment Code. 5 DATEDc July 17, 1968. 7 CAt1ItE��1 6� WAIGHTC��-R7 8 B At orneys r a 9 10 `t 12 i3 14 15 ti< 18 17 18. 19 20 w 1 21 22 23 24 _ 25_ 28 - 27 28 29 30 31 32 2 rarm a won .ICIrOMG.p11L1mm - 3 r i I o.xxrxoaA ev Wmosr 007'fENT1 STREET 2 R........CALIFORNIA Y4002 TELEPHONE 232.1169 3 . 4 5 ArronNmts FOR Claisant e, 7 8 9 10 Claim of .VIN Eu68NE Mon, 11 Clamant. 12 Va. ) CLAM FOR PEBSOIW.-DIJID=: a 13 COUNTY OF CONTRA COSTA. ) 14 15 TO THE BOARD OF SUPERVISORS FOR THE COUNTY OF CONTRA COSTA:`. 18 This claim is presented by .VIN EUGSN$ Wo u, mad olaiaant 17 desires that all notices respecting this claim be seat to RAYMOMD'E 19 SCHAAL, ESQ., 337 Tenth Street; Richmond, California:94802.; 19 1. The damages described herein occurred oa:or abort 20 July 27, 1960, 21 2. Said dosages occurred at at Martipas,:Califacoia 22 3. Said daoages occurred in the following Amar ,hy,i 23 dans at the Contra Costa. County Nospital failed to properly set 24 claimant's broken leg but did so set said les; n a ntglipat amines 25 4. The naeas of said physicisas'are udmorn'to cLisaot 28 5. Claimant, due to the negligent synaer in`ahich Che les 27 was so set, suffered general damages in the ,um of ,$20,000.00 28 DATED: July 17, 1968. 29 i iB<IGBI G Lo 30 BY �i - c/o RA121M E. SCN"I., ESQ. 31 Attorneys or nt 337 Tooth Street Richmond, California: 32 i CAzfzq 4wRA do Wiuosr 337 TENTH STREET 2 RICNNONo.CALIFORNIA—ox �i rc�EPMONE 232-1199 3- 4 S ATTORNEYS FOR Claimant 7 8 g 10 Claim of jILVIN EUGENE MOORE, 11 Claimant, ) 12 Vs. * UECLMATION IN SUM= OF -,: APPLICATION TO'Fnit-LATS CLAII! 13. COUNTY OF CONTRA COSTA. 14 '15 I, gLVIN EUGEIIB-MOORS, declare under Valty of p&=jnry the is following: 17 1. After my leg was broken on or about July 27, 19679' I.' S 18 was"placed.in Napa State Hospital.' For:th£s reason, iwas'unable't 19. consult a"lawyer about the.acc£dent I }gad and the steer to which 20 leg was treated. 21 2. It was at Napa that I was ufonod by aswther"Phyaiciaa 22 that my broken leg had been 'negligently set. 2S 3. My education is quite United, and I*wun ' that a 24 laysuit`could be filed against a gover�osent.body. 25 4. I was in the surgical ward at lisp& for Ve f£ .montbs. 26 5. 1 have been to Napa State Hospital on subsequRat occas 27 ions this year. - 28 6. My physical condition made i.t difficult for '+e to reach t 29 an attorney's office. 30 I declare under penalty of perjury that.-the`foregoing is. 31 true and correct. 32 Executed at Richmond.- California on July 17, 1968. .. y CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: James McCarry Address: 283 Curtner, Palo Alto; California Attorney: Alfred Naphan, Attorney at Law, Naphan & Arne,-, central Bldg. Oakland, California 9!612; Amount: *25,000 Date Filed: July 8, 1968 By delivery to.Clerk - Hand delivered a sjq .m. I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy. Attached is a copy of the above claim. Is it sufficient and does it comply substantially with Government Code Sections 910 910.2?, DATED: July 8. 1968 W. T. PAASCH, By -Doro y` arias pII y: II, FROM: Office of the District Attorney TO: Clerk of Board of Supervisors JL Above claim complies substantially with Government Code Sections 910 and 910.2. Above claim FAILS t comply substantially with said Sections: z -..-�-2-1l-C 8 Board may no�claim until 15 days after ' S0 xz notice is given by this office; x ( ) Do not file claim, time limits have expired. We recommend referral to: n County's general insurance carrier; Other insurance carrier; District Attorney. DATED: 7-//- A JOHN A. NEJEDLY, By Deputy,.:' III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors onJui��O. 1968 (copy of Board Order also attached). iMeaserorwar—a this claim to the County's general insurance carrier (or . ). Claimant notified of this action per Governmen aSee- tion. 913 on Ju 0 1968 , and memo thereof>riled and endorsed on c a m, per overnment Cod Sect on.29 03.'. DATED: July 30, 1968 W. T. PAASCH, By pu Y.,, IV. FROM: (1) Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or . board order, and forwarding endorsement III.. DATED: July -10`1968 Public Works, By DATED: 3ujy -1o_ 1068 District Attorney, By �Jhru . C?, mac Deputy DA-81:1M:4/66 July 30, 1968 Mr. James McCarry 283 Curtner Palo Alto, California Dear Mr. McCarry: Enclosed is a certified copy of a board order adopted by the Board of Supervisors on the above date denying your claim for damages which was filed in this office on July 8, 1968 through your attorney, Alfred Naphan. Very truly yours& ` W. T. PAASCH, CLERK By orothyLazzarla Deputy Clerk dl Enclosure cc: Alfred Naphan Attorney at Law 90TICE OF INSUFFICIENCY • , To: Nr. Jamas NaCaesy 283 Castaar Me`AU*, Calite mia Pas ;claim /galwt"Ca■tes CMfa CouldW You Will Please Take Notice as follows: The claimpresented by you to the County of Contra Copts fails to comply'substantially with the requirements of California Government Code Sections 910 and 910.2 or is otherwiseinsufficient for. the reasons checked below. I 1. Sold claim fails to state a cause of action";againet the County of Contra Costa or any employee thereof. 2. Said claim was not presented within the.time limits prescribed in California Government`Code Section 911.2. 3. Said claim fails to state the name and poet:office-address of the claimant. 4. Said claim fails to state the post. office address to which the person presenting the claim desires notices>to be'sent. 5.. Said claim.fails to state the date, place or`other"circum- stances of the occurrence or transaction which-gave:"riee i to the claim asserted. 6. Said claim fails to state the name or names of the public employee or employees causing,the injury,'damage, or=lose, if known. 7. Said claim fails to state the amount claimed as of"the:date of presentation, the estimated amount of any"prospective Injury, damage, or lose so far as known, ;or the`bsels.'-of computation of the amount claimed.- 8. Said claim is not signed by the claimant or by some person_ on his behalf. Z 9. Other: Iatiarmatiam &ML1 16 is *Us *MOD LM OSSM tad tre Qwmt7 or onari cams, don mat'ermr aei068" a»r di! it aamatsmet tAe Naetsmas Narlma. JOHN A.,NEJMY District Attorney By,roul Y. Ng!r Deputy D181CrICt AZZOrney CERTIFICATE OF SERVICE BY NAIL (C.c. •5) I certify that my business address is the District Attorney'a Office of Contra Costa County, County Court House, P. 0. Box 670, Martinez, California,, and I am a citizen of the United States, over 18 years of age, employed in the County of Contra Costa, and not a party to the within action; I served a true copy of the within Notice of Insufficiency by placing said copy in an envelope(i) addressed as designated above, which is/are place(s) having delivery service by U.S. Neil, which envelope(s) was then sealed and postage fully prepaid thereon, and.thereafter was, on this day deposited in the United States Mail at`Martinez, Conde Costa County, California; I certify under penalty of perjury that the foregoing`Is true and correct. Dated: ' Jam 11, 1968 , at Martinez, Calif ornis. so: Allred Naysam, Esq. Ceatral slk. Oatlamd, Calif. 94612 /a/ Fatrlele Mwlw cc: Clerk of Board of Supervisors Public Works Department DA-82:250:4/66 °JUL8-1T68 1 Wi T. �MiCM VERIFIED CLAIM cum smu c►;RPM=- $ - ONT C ♦COUNTY'' - 2 cr .troUi7': 3 TO THE COUNTY OF CONTRA COSTA, AND TO THE HONORABLE THOMAS J. COLL, CHAIRMAN,OF THE BOARD OF SUPERVISORS OF THE COUNTY OF 4 CONTRA COSTA: -a 1. This Verified Claim is made pursuant.to authori 6 ty under the provisions of the California Government'Code, 7 Sections 900 through 915; 6 2. The claimants name is JAMES MCCARRY, and he 9 resides at 283 Curtner, Palo Alto, California, and that'is the' 30 address to which all notices are to be sent; 11 3• On or about the 30th day. of May, 19,689.,.claimant IE herein was a business visitor at the Martinez Marina at.the 13 invitation, express or implied, of the COUNTY OF CONTRA COSTA;, 14 at said time and place the said COUNTY OF CONTRA COSTA;by and lb through various unknown agents, servants and employees who lg shall herein be designated as FIRST DOE, SECOND DOE and:THIRD 17 DOE did so carelessly and negligently construct., install..- is nstall,is operate and maintain said Marina so as to cause claimant to 19 steP9upon a rotted or otherwise unsafe and dangerous wood 20 plank which did then and there give way causing claimant to sli 81 and fall to the dock thereby causing the following personal 28 injuries, to wit: 23 Severe nervous shock and fright, severe straining 24 and tearing of the ligaments and muscles of the right ankle 25 with possible internal injuries thereto, bruises:and contusions E6 about the body generally; 27 4. Toe amount of damages claimed by reason.of"the 26 aforementioned injuries is the sum of $253000.00. 29 5. That at all times herein mentioned, the Martine 30 Marina was and now is constructed, owned, operated and maintain 31 ed by the COUNTY OF C014TRA COSTA. 32 NAPHAN & ARNE NAFHAN t ARME - o......,... By QLNTIIY.�YILQIM� o.�...a Q.Y....a. A orneys for Claimant 1 VERIFICATION 2 3 4 I, JAMES MCCARRY, declare: That I am the claimant in the_foiegoing b 6 Verified Claim; that I-have read the same and knox the 7' contents thereof, and that the same is true.6f.my own 8 knowledge. 9 I declare under penalty of perjurty that 10 the foregoing is true and correct. 11 Executed at �/���' , California, this 12 c2� day of v/v'y�� , 1968. 13 14 ._ lb 17 18 19 20 21 28 23 24 26 28 27 28 29 30 31 32 MANUM i AIME .etwnu�aW1.a1M� - - ow.aus.e.u•,a�sa - Ts...ras oa•aasa - - - - In the Board of Supervisors Of Contra Coster County, State of California July. 23 . Iwo M the Moll of Authorising the District Attorney to Petition the District Court of Appeals for a Writ of Mandate with Respect to Superior Court Action No. 103511, William Sirs, at al., v. The County of Contra Costa, et al. Upon the recommendation of the District Attorney, IT IS BY THE BOARD ORDERED: That the District Attorney be,authorised to petition the Distriot Court,of Appeals for a Writ of, Mandate to require',tbr.disaissal'of Superior-Court Action No. 103511, WillIOW S12-I s et. al.i;v:'The County of Contra Costa,.et al.. on behalf of t7s this,'.Boar,0 Supervisors, and this.Board of Supervisors!In its eapaelty`ss a Board of Equalisation, and ths:County`Assessor; and that the District Attorney be' authorized'to,fake, such other and further action as he may doom necessary to defend the said suit. The foregoing order was passed by,the following;vote of the Boards , AYES Supervisors J. P.:[enny,:J.•Be'Moriartyls . T. J. Coll, 8. A. Linscheid,,A. M.1 Dias. NOES t Rona. ABSENT: Mone. J hereby certify that the foregoing is a true and correct ropy of an order eMsred on the mkwhn of said Board.of Supervisors an the dab aforesaid. cc: District Attorney (2) Witness my hand cod dw sed of the Board of County Administrator Supwvisors County Assessor aRixed this_ _day of jy��=19k9g AWW;pk W.? PAASM Cbrk By p • DWAy CW& toe ares-sss Blsis Pigot I Mnzvxeir CHArs.Fsmm dG Hvam AT NNCM AT Yr , .a ECO. AU OW tT RECEIVED 2 YN FRANCISC10 CALIFORNIA fN04 s JUL 16:1%8 " W.T PAASCH,.::; 4 - CUMK SOA"OF SUPSRYISOM - - DOST CO.•.;:., S Arinu+m at Defendant 7 7 6 MUNICIPAL COURT OF THE JUDICIAL DISTRICT OF THE CITY.OF RICHMOND 9 1 COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA 10 1 COUNTY OF CONTRA COSTA, a political subdivision of the State of California, ) 11 ) Plaintiffs, ) NO: 23186 VS. ) 13 ) OLIN S. GORDON, VIRGINIA M. GORDON, ) ASSIGNMENT OF 14 ROBERT J. UETZ, UNITED PACIFIC ) INSURANCE COMPANY, a"corporation;DOE ) JUDGMENT' 15 ONE to DOE FIVE, BLACK AND.WHITE.COR- PORATION, a corporation, and RED AND ) 16 GREEN COMPANY, a co-partnership, ) 17 Defendants. ). 18 For value received, CONTRA COSTA COUNTY, plaintiff herein' 19 assigns to UNITED PACIFIC INSURANCE COMPANY, a corporation,."the.. money judgment rendered in the above-entitled cause in'favor'of it ' 21 and against OLIN S. GORDON, VIRGINIA M. GORDON,:ROBERT�J. UETZ 22 and UNITED PACIFIC INSURANCE COMPANY, a corporation, entered.on 23 January 18, 1968 in.Minute Book MB2 at.`.page 732,=and intend hereby 84 to transfer all of its right, title and interest_ in:any,suis of 25 money due by reason of said judgment to said UNITED PACIFIC 26 INSURANCE COMPANY. 27 DATED: July 16 , 1968. 26 4.rman of Boa of .Supervisor CLAIM AGAINST CONTRA COSTA COUNTY Routing Endoraewi to Claimant: WILLIAM R. LIVINGSTON Address: 1228 Cape Cod Court, Concord, California Attorney: Steven D. Hallert, Attorney at Lar,:1512 Bonanza Street r Valnut Creek, Caul. Amount: $5500 (amount claimed nor) Date Filed: July 18, 1968 By mail, postmarked 132iglole I. FROM: Clerk of Board of Supervisors' TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient and'does it comply substantially with Government Code Sections 910-8 910.2? DATED: July 18, 1968 W. T. PAASCH, By pu y -1 II. FROM: Office of the District Attorney T0: Clerk of Board of Supervisors _X Above claim compliessubstantially with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections: ( ) Board.may not act on claim until 15 days after notice is given by this office; ( ) Do not file claim, time limits have expired. X We recommend referral to: (�c) County's general insurance carrier; (( )) Other insurance carrier;` District Attorney. DATED: 241S4 66 JOHN A. NEJEDLY, By au III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business Services Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim'which.was REJECTED Iby. the Board of Supervisors on July 2 1968 (copy o!= Board Order also attached). Please" orwa s claim to the County's general insurance carrier.(or' ), Claimant notified of this action per Goverrwen e See - tion 913 ly 23. 1968 , and memo thereof filed and endorsed on c per overnment Code SectiO3. DATED: July 23. 1968 W. T. PAASCH, By �n't __� Dec ty IV. FROM: (1) Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or. board order, and forwarding endorsement III. DATED: July 23, 1968 Public Works, By 7/" lf77-ems DATED: July 23, 1968 District Attorney, By wwu a.. CO.4—k Deepnty DA-81:iM:4/66 g Fu rs AUL 18'16' ;8 1968 c.}J��nti�z CONTRA COSTA'COuta 011E July 23, 1968 Steven D. Hallert Attorney at Law 1512 Bonanza Street Walnut Creek, California Dear Mr. Hallerts Enclosed is a certified copy of'en order of the Contra Costa County Board of Supervisors which was passed and adopted on the above date, denying the claim of, your client, William R. Livingston, which claim was filed in this office on July 18, 1968. Very truly yours,. W. T. PAA S CH, CLERK By oro y azzar Deputy Clerk T. dl Enclosure STEVEN D. HALLERT ATTORNEY AT LAW 'MAI LI N6 AOORE55 1612-BONANZA P.O.no.1261 WALNUT CFtr.=,CAM FURI"26606 TELEPHONE 033-4033 July;17, 1966 RECEIVED w'T.PAisaN',;; The Board of supervisors '%=K orwrswwaeas County,of Contra.Costa Rdninistration Building Martinez, California Gentlemen: Enclosed please find the original and two-copies-of' a claim for personal injuries against Contra Costa County.: Please file the ease and return to me ai endorsed copy.in the enclosed self-addressed envelope. Thank you ever so such for'your kind attention . truly ' l v ert'. SDH:bc encl. F STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) SS. I, J. R. Olsson, County Clerk and ex-officio Clerk of the Board of Supervisors, in and for the County of Contra Costa, State of California, do hereby certify the microfilm herein to be a full; true and correct copy of the original documents, records; instruments; books; papers; maps and transcripts in —actions or proceedings before the Board of Supervisors, or otherwise filed in my office pursuant to law. I further certify that the foregoing records were micro- filmed under my direction and control pursuant to the provisions of Sections 25105, 26202 and 26205 of the Goverment Code. 11itness my hand and the seal of the Board of Supervisors affixed this 19th day of June lg 74. J. R. Olsson .� County Clerk and ex-officio Clerk of the Board of Supervisors. (Seal) by Deouty County.Clerk REEL # 199 CONTAINS- SUPERVISOR'S RECORDS Z1 6. The following is a.list of said dDf mwg from the injuries suffered by'claimant: ' Amount claim now, $5500.00. Estimated amount of future loss;:unknown , Basis of above computation: medical expenses to date $10b.66- loss 700 00loss of income, $1,082.00; pain suffering and inconvenience,,. $3718.00. _ n Dated:.:-,July 17,:1968. r, Attorney for::Cla3ivanG. 1228.cape Cod:'Court;.;' Concord; California 51 t N L -2_ . � ' \ . . � «f■>�\ «\i00 2 $�� y w »00 1 ,. JUL 1$1<J6$ W.T.PAAACH 1 Ss�ri►s &Errmcsuxa ourK, "AND or wwa 2 oowoam caruoWru wr # Attorneys for Petitioner JUL 16 196$ W T Pt"As .Coauty.Cktk cori-rc�.+ccsTd cova�rrr 6 ' cARBA 7 g IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNn OF CONTRA COSTA 14 ll STANLEY J. ZDANOWICZ, 12 Petitioner, NO. 110503 18 vs. ORDER GRANTING PETITION FOR RELIEF`FROM REQUIR12=T OF 14 STATE OF CALIFORNIA and FILING CLAIlI the COUNTY OF CONTRA 15 COSTA, 16 Respondents. 17 The petition of STANLEY J. ZDANOWICZ for an order of is this court relieving him from the provisions of Section 945.4 of 19 the Government Code, relating to filing of claims, came on regu 20 laxly to be heard this day. WILLIAM R. HARTMAN appeared as couna*1 21 for petitioner, and DAVID L. SCHRECK appeared as counsel for 22`respondent, Department of Public Works, State of California and 23 there being no appearance on behalf of the County of Contra Costa. 24 Proof having been made to the satisfaction of the court, 256nd the court having made an independent determination an the ' etition, affidavits, and other evidence offered, and good cause 27 ppearing therefor: 28 IT IS HEREBY ORDMED that petitioner, STANLEY J. ZDANOWIQ 29 e, and he is, hereby relieved from the provisions of Section 30 45.4 of the Goverment Code requiring that a written claim be 31 iled as a prerequisite to a suit against a public entity for. 32 ney or damages, in the alleged cause of action set out in the etition herein. GM¢tlY0.CYC.. �l� sus-�ss 1 IT IS FURTHER:ORDERED that suit on"the cause of action 2 to which the claim relates msy be filed in this count within 30 , ._ 3' days of the making of this order. 4 Dated: July # , 1968. 5 g SAMUEL CON T1 Judge of the Superior Court of the State of:California, 8 County of Contra Costa 9: 10 11 12 3 13 14 15 18 r 17 19 r 20 21 22 23 24 25 28 27 28 29 30 31 32 e✓�O �;c� - ' .COrCWD.CW.. CJUNiTY CLERIC°S OFFICE CJNTRA'COSTA COUNTY Inter-Office Memo DAM July no 14W TO& Office of the District Attorney FRONa W.-T. Paasch: Clerk s wzms Action No. 110 - of the Sup-ar=or Court of the State of California. in and for the Co:_nty of Contra-C*sta, FRANK WALLACE HUNT vs. COUNTY OF CONTRA COSTA - '�Nft1t•3�f�ltf it:S#fai44tt***tt*33�t*11ffNfff*ffNf�lfN��f*_, � - Attached in.copy of Summons de=Cenolsiint In the above-entitled action. r� Received'`c�ry oi_aloss�:•. aentioneVdDCUMG iRs'�'tAis day of 1 6 for tM�s sE pct Attorney. 66-12-500 Para 8:4 CJUNTY CLARK°S OFFICS CONTRA COSTA COUNTY Inter-Office piemo I*Tas July 12, 1968 103 office of the District Attorney tsZOMis W. T. Paasch; Clerk 30HJSCt: `Action No. 110300 of tha SLpari or Courtof the State of California, in and for the o=mty of Contra Costa# JOHN W. GILBERT VS. CONTRA COSTA COUNTY CIVIL SERVICE s e - i•::::tttx:s*itis»sstr*s*+r**�s<*+r*+r;ss,c:s3:*::+r+►::s:wi:s�se::ss< ' Attached is copy of NOTICE OF MOTION TO BRI 10 IN NNW PARTY in the above-entitled action. Received,cow of Meen�nti��oned doaisenteu 196n ll►,�s ' fY oft eti� for the'- _e CL Attorney.. 66-12-500 last 8,4 .� CLAIM AGAINST COMM COSTA COUNTY Routing Endorsements Claimant: Whittington's, Inc., Address: P. O. Box 674, Concord, California. Attorney: George W. Kilbourne, 1475 No. Broadway, Walnut Creeks Calif. Amount: $335 Date Filed: June 21, 1968 By delivery toClerk By mail, postmarkedJune na,.t •aa I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy Attached is a copy of the above claim. Is it sufficient and does it comply substantially with Government Code Sections 910 and-910.2? DATED: Duna 21, 1968 W. T. PAASCH, By I& euy II. FROM: Office of the District Attorney TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910.2. ✓Above claim FAILS to comply substantially,with said Sections• (^Board may not act on claim uAtil 1 days after notice is given by this office; ( ) Do not file claim, time limits have expired. We recommend referral to: ( ) County's general insurance carrier; (( )) Other insurance carrier; District Attorney. DATED: aq 1,94A JOHN A. NEJEDLY, By III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business & Services. Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors onJuls 16 1968 (copy of Board Order also attached). PIeaee''hor'war' .this claim to the County's general insurance carrier (or ) Claimant notified of this action per Governmen a Sec— tion 913 on Jule 16. 1968 , and memo thereof filed and endorsed on c18 m, per Government Code Section 29703. DATED: iniv i?. 1968 W. T. PAASCH, By Mom Du y. IV. FROM: 1 Public Works Department �23 Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: Julx 1'L �q6H_ Public Works, By •WO d a DATED: _r1,1 y 17. 1068 District Attorney, By pu y DA-81:1M:4/66 4- •NOTICE OF INSUFFICIENCY ,• To: George W. Kilbourne, Esq. 1475 No. Broadway He: Claim of Whittington% Ina.' Walnut Creek, California `You Will Please Take Notice as follows: The claim presented by you to the County of Contra Costa fails to comply substantially with the requirements of California.Government.' Code Sections 910 and 910.2 or is otherwise insufficient for the reasons checked below. ;% -1 Said claim faile to state a cause of.action against-the County of Contra Costa or any employee thereof. 2. -Said claim was not presented within:the time-limits prescribed in California Government. Code Section.911.2. 3. Said claim fails to state the name,and post-office address of the claimant. 4. Said claim fails to state the poet office address to which, the person presenting the claim desires notices to be sent Y 5. .Said claim fails. to state the date, plice.or'other circum- stances of the occurrence or transaction which gave rise to the claim asserted. 6. Said claim fails to state the name or names of.the public. employee or employees causing the injury, damage, or lose, if known.. 7. Said claim fails to state the amount.claimed as of the date of presentation, the estimated amount of any prospective injury, damage, or lose so far as known, or the basis of computation of the amount claimed. 8. Said claim is not signed by-the claimant or.by,some person on his behalf. Y 9. Other: Government Code J905(e) provides that claim for "services...rendered for or.on behalf.of any recipient of any form of public assistance" do not requ%re riling a claim. JOHN A. NEJEDLY . District Attorney PAUL W. BAKER By `Paul W. Baker Deputy DIZZMC19 4n?rney . CERTIFICATE OF SERVICE BY MAIL •5) (C.C. a s , 1 I certify that my business address is the District Attorieyfs Office of Contra Costa County, County Court House, P. o. Box 670, Martinez, California, and I am a citizen of the United States, .over 18 yeare.of age,'employed in the County of Contra Costa, and nota party to the. within action; I served a true copy of the within Notice of Insufficiency by placing said copy in an envelope(i) addressed as designated above, which is/are place(s) having delivery service by U.S. Mail, which envelopes) was then sealed and postage fully prepaid thereon, and thereafter wan, 'on this day deposited in the United States Mail at Martinez, Conti Costa County, California; I certify under penalty of perjury that the Xoregoing is true and correct. Dated: June 24, 1968 at Martinez, California.. /S/ Mary F. Heath cc: Clerk of Board of Supervisors Public Works Department DA-82:250:4/66 July 1?s 1968 George W. Kilbourne 1475 North Broadway Walnut Creek, California Dear Mr. Kilbourne: ffiolused is a certified copy of a board' order.denying the claim which me filed in this office an June 21. 1968 an behalf of your client Whittingtons.s Inc. Very truly yours. W. T. PAASCH. CT"K B SLoine ey Deputy Clerk eo Enclosure tJOR Zs - " L•u NOTICE OF CLAIM •'- L TO: The Board of Supervisors of Contra Costa County, and to the Auditor thereof: Take notice that claim is hereby made for claim for breach of contract for repair services contracted for by the Social Services Department against the County: of Contra Costa as follows: t. Claimant: Whittington's, Inc. P. 0. Box 674 - Concord, California Notices: Notices are to be sent to claimant's attorney: GEORGE W. KILBOURNE, Attorney at Law 1475 No.Broadway, Walnut Creek, California Date of Breach: On or about April 159 :1968 .. Facts: Claimant was requested toanddid make an estimate to repair a-welfare:recipient!s sewer line after it had been condemned .by the Department.of Public`Health. ,At the insistence of and. upon the guarantee of Mr. Avery of,the Departmeht.of Social Services, services were performed and "a bill' ndered'for a total of $345. On or about'March 22, 1968.'the said Welfare recipient received an increase"in.-allottment:of $10.which`: was paid_against'the'bill, leaving a.balance`owing':of,$335. Employee Responsible:, Mr. Avery of the Pittsburg office,, Department of Social Services Amount Claimed: $335.00 Claimant• Whitt' to 's .Ina. v G o urne GEORGE W. KILBOURNE Attorney for Claimant 1475 No. Broadway Walnut Creek, California �e:�Crdrrr�.w FILED JUN211%8 A W MAM EUS �'.M_�Mnles ftUN W. { E Wq��j t o 13 �p q aq tY . O; solo co ka. m h > 7 a ! Q o $ cc LCy°< W A 0U�. + r n Lr- If IL o< -.w O N �: W3 y u Y 0 C- trl O A/ U U ". r m �e � d C y � . J JZ" r b 7. 7*1A,, 5 Ky _ E 1 HOB.:RG. FINGER. BROWN h ABRAMSON and ROBERT W. GIBES 2 703 Market Street San Francisco. California 3 982-0780 4 Attorneys for Petitioner S 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA„ IN'ANDrNOR THE COUNTY OF CONTRA COSTA 10 11 in the Matter of the Application of } CORNELL WAYNE IVARTES } NO. 13 for leavc to present late claim. ) NOTICE OF.PL-MION ld l 18' TO THE CLERK OF THE F+OARD OF SUPERVISORS. COUNTY OF.CONTRA 18 COSTA: 17 PLEASE TAKE NOTICE that oa Friday. July 24. 1968. at<9t00 A ii. 18 therroot. in the Law and Motion Dapartment of the above entitled court at 19 Martinez. California. petitioner will present a Pelition to the above entitled court. a copy of which petition to attached hereto. masked ExblbitA, and 21 made a part hereof. 22 DATEDt July 11. 1968. 23 24 HOBERG. FINGER. BROWN k ASRAMON and ROBERTW. GUMS 25 By /!G!//-L � 26 -Attorneys 27 28 29 30 31 32 "out 0.nNGER. IROU.N i ASRAMSON - .newar..�ur MM/11/1UICI.CO MIOi - t : :y EXHIBIT A I HOaERG. FINGER. BROWN tc ABRA'ZGN and ROBERT W. GIBBSt 2 703 Market Street San Francisca. California 3 982-0780 4 Attorneys for Petitioner 8 $ 1N THE SUPERIOR CQURT OF THE STATE OF CALIFORNIA. IN AND FOR $ THE COUNTY OF CONTRA COSTA 10 11 In the Matter of the Application of 3 12 CORNELL WAYNE WARTES. ' NO. 13 for leave to present late claim. ! 14 15 j>_cTITION UNDE`t GOVEI:NMENTCODE;5946.6 FOR RELIEF FRAM GOVERNMENT CODE X5945.4 18 AND FOR ORDER THAT SUIT MAY BE FILED 17 ra rgc supe-atoR COU..^.T O% THE STATE OF CALIFORNIA. IN AND FOA 18 THE COUNTY OF CONTRA COSTA: 19 Petitioner respectfully states as follows: 20 I 21 Petitioner is the father of CornaU Wayne Wartes. a minor of the 22 age of 19 years.that your petitioner and said Cornell Wayne Warted care: 23 residents of the City of Encino, County of Los Angeles,State et California. 24 The County of Contra Costs in a local public entity of the State of California 25 and within the meaning of Part III(beginning with Seetloa 900)of Division 28 3.6 of Title I of the California Government Code. 27 II 2S On May 27, 1968. Cornell Wayne Wastes, a minor. presented.to 291 the Board of Supervisors of the County of Contra Costs, as its governing,' 30 board. a written application for leave to present s late ciat=for damages 31 on behalf of said minor pursuant to Government Code Section 911.4 and 32 911.6. A copy of the application attached and designated as Exhibit A is �oeeRa.F�NOER. OWN i ABRAMSON ' tr..ra'.wt w M.IIwMQKr0 "-3 rum.a.o»o 1 Incorporated in this petition. The application was,denied by actioa of the 2 Board taken on Juno S. 1968. 3 III 4 Said minor6s claim is founded on a cause of action for personal . 5 injuries sustained by said minor on or about the 6th day es December, 1967. 6 and for which a claim was not presented within the haadred-day period 7 'provided by Government Code 911.2. For additional circumstances relatigg 8 to the cause of action. reference is made to the proposed claim attached to 9 this application. designed at Zabibit B. 10 IV 11 The reason that no claim was presented during the hundred-day 12 period specified by Government Code 911.1 Is that Cornell Wayne Wastes,: 13 the person who sustained the alleged injuries. was a minor during all of 14 the hundred-day period and was physically and mentally incapacitated dorms 15 all of the hundred-day period. Reference Is made to the Declaration of 18 Richard M. Wartes. father of said minor. presented with the application 17 for leave to file late claim. attached hereto. designated as Exhibit C. 18 V 19 petitioner's application to the County of Contra Costa's governing 20 Board was made within a reasonable time after accrual of the cause of aetloa 21 as more particularly shown by the attached Declaration of Daniel M.22 Hanlon. WHEREFORE. petitioner requests relief from Government Code 23 5945.4 and that petitioner by court order under Government Code 5%6.6(f) 24 be allowed to file suit on behalf of said Cornell Wayne Warba on the casae 25 of action to which the claim relates within thirty days. 28 DATED: July 11. 1968. 27 HOBERG. FINGER. BROWN&ABRAMSON and ROBERT W. GIBBS 29 By Daniel M. Healea 30 ttorneys for Petitioner 31 32 NOBEiQ.FINGEN. ■ROWN i ABdAMSON w/r�ANuuo won run.aw�o APPLICATION FOR LEAVE TO PRESENT LATE CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: DOLORES CRIST Address: 1242 South Rosal, Concord, California Attorney: Condon, Dolgin, Kully & Jameson, Attorneys at Law, 900 Thompson Street, P. 0. Box 1111, Martinez, California Amount: $50,000 plus medical and incidental expenses Date Filed: July 2, 1968 By delivery to Clerk By mail, postmarked July I c�ir'1�iTf— I. FROM: Clerk of Board of Supervisors TO: District Attorney, Attention Chief Civil Deputy application for leave to present late Attached is a copy of the above/claim. Is. it sufficient and does it comply substantially with Government Code Sections 910 and 910.2. DATED: July 2. 1968 W. T. PAASCH, By.grft.&4 —��0 Deputy II. FROM: Office of the District Attorney �-�Clerk of �F.,�..� Supervisors Above claim complies stantial y with Government Code Sections 910 and 910.2. Above claim FAILS to comply substantially with said Sections: ( ) Board.may not act on claim until 15 days after notice is given by this office; ( ) Do not file claim, time limits have expired. _ We recommend referral to: n County's general insurance carrier; Other insurance carrier; District Attorney. DATED: 7-3-CR JOHN A. NEJEDLY, By ou y' III. FROM: Clerk of Board of Supervisors TO: (1) Public Works Department, Attention Business & Services Manager (2) District Attorney, Attention Chief Civil Deputy Attached are copies of above claim which was REJECTED by the Board of Supervisors on Juh 9 (copy of Board Order also attached).—Please orwa $his claim to the Countyls general insurance carrier (or ). Claimant notified of this action per Government a c- tion 913 on Tui 1 68 , and memo thereof filed and c a endorsed on m, per overnment Code Section 29 3• DATED: July 9. 1968 W. T. PAASCH, By impur.y IV. FROM: (1) Public Works Department 2 Office of the District Attorney TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III. DATED: July 9. 1968 Public Works, By_ DATED: .Tul Y q� ig(,A District Attorney, ByLtni�� pu y DA-81:1M:4/66 - -lr July 9, 1968 David A. Dolgin Attorney at Lax 904 Thompson Street Martinez, California 94553 Dear Vr. Dolgin: Enclosed is a certified copy of an order adopted by the Board of Supervisors on the above date denying the application for leave to present late claim on behalf of your client, Dolores Crist, which applicstion.was filed in this office on July 2, 1968. Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzar n�. Deputy Clerk dl Enclosure 4 CONDON. DOLGIN. KULLY AND JAmF_WN ,►esr�cs,drw Ow Room L.ca"aw July. 1, 1968 ►arimnsi ' - DAVID A.DOOM'... T6El1"LWOMA MMi.' - LEDNAKD A.KULLY ""AKD.tAMEEOM RECEIVED Board of Supervisors 2.=1°69 Contra Costa County Wy T.P.A A SC H Administration Building acDKeo�Do�s RVIw Rs Pine Street Martinez, California Re: Claim of Dolores Grist Gentlemen: Enclosed please find application for leave to file late claim on behalf of claimant and notice of claim for per-' sonal injuries on behalf of Mrs. Dolores Crist. Very:truly your . AVIQ5-01GIN DAD:dq Enc. Oslo$ co -a • — �, o. WRo O O � i �� rt o o 11 a r r m no a o=¢ - .. nrrrtn 9t W 010 N Jit' rAr� M Wo cow r a; a „7. 1 CONDON. DOLGIN, KULLY & JAMESON Roo rNofvsoN snffxT 2 MARTINEZ CALIFORNIA 94539 - 3 Tfi cm 276-2900 4 Attorneys for Claimant r : s JUL 2-1968 W.T'N-k-UH 8 Claim of DOLORES CRIST, 9 Claimant, APPLICATION FOR LEAVE TO 10 VS. PRESENT LATE-CLAIM(Government Code 911.4) 11 CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION 12 DISTRICT and the COUNTY OF CONTRA COSTA. 13 14 TO THE BOARD OF DIRECTORS, MANAGERS 6 CLERK OF THE CONTRA COSTA 15 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT and TO THE. 16 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY* 17 1. Application is hereby made for leave to present a lab is claim founded on a cause of action for personal'injuries'wbich 19 accrued on or about November 29, 1967, and for which .a claim was 20 not presented within the 100 day period provided by Section 21 911.2 of the Government Code. For additional circumstances 22 relating to the cause of action reference is made to the proposed 23 claim attached to this application as Exhibit "A" and incorporatel 24 herein by reference. t - 25 2. The reason that no claim was presented during the 26 period.of time provided by Section 911.2 of said code is,that 27 all the physical evidence at the time of the occurrence and upon 28 subsequent investigation on behalf of claimant mislead claimant` 29 into believing that only the Pacific Gas and Electric Company 30 and the City of Concord had in fact made or contributed to the 31 defective condition of the street where the accident occurred; 32 that in fact, during the course of investigation employees of -1- IL Pacific Gas and Electric Company did correct the defective 2 physical condition of the street; that claimant did file her 3 claim in a timely manner against Pacific Gas.and Electric Company 4 and the City of Concord and it was not until after the expiration 5 of the 100 day period that attorneys for saidother entities 6 informed claimant's attorney that in fact said Contra Costa 7 County Flood Control and Water Conservation District actually 8 participated in and contributed to the defective conditiow in 9 conjunction with said other defendants. 10 3. This application is being presented within a reason- 11 able time after the accrual of this cause of action and within 32 one year of the accrual of the claim. 13 WHEREFORE, it is respectfully requested that this 14 application be granted and that the attached proposed claim be 15 received and acted on in accordance with applicable sections 16 of the Government Code. 17 Dated: July 1, 1958 18 CONDONE-DOLGIN, ROLLY 6 JAMMON Attorneys ,for Claimant 19 20 n By-� fl d 21 DAVID X DOLGIN 22 23 24 25 26 27 2e 29 30 31 32 -2- i I CONDOM. DOLGIN. KULLY & JAMESON IILb iworsor snrc[T 2 P. -So :un MARTINEZ.CALIFORNIA 94M S TMit,'110Y,2214]00 4 Attorneys for Claimant 5 e 7 8 Claim of DOLORES CRIST, 9 Claimant, 10 vs. NOTICE OF CLAIM FOR PERSONAL INJURIES 11 CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION 12 DISTRICT and THE COUNTY OF CONTRA COSTA, 13 � 14 TO THE BOARD OF DIRECTORS, MANAGERS & CLERK OF THE CONTRA COSTA 15 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND TO THE 18 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY: 17 You are hereby notified that DOLORES CRIST; whose address 18 is 1242 South Rosal, Concord, California, claims damages"from 19 the Contra Costa County Flood Control and Water Conservation 20 District and The County of Contra Costa in the amount computed` 21 as of the date of presentation of this claim of $50,000.00 22 plus medical and incidental expenses. 23 This claim is based on personal injuries sustained by, 24 claimant on or about November 29, 1967 on East Street at the. 25 intersection of Willow Pass Road, City of Concord, County of 28 Contra Costa, State of California; said injuries were incurred 27 when the automobile driven by claimant hit a hole in the street 28 which was covered by water on East Street. 29 The injuries sustained by claimant as of the date of 30 presentation of this claim are, head, neck and back injuries. 31 Damage claimed to the date of this claim are $50,000.00 32 and medical and incidental expenses. -1- EXHIBIT "A'; 1 All notices or other communications with regard to this 2 claim should be sent to CONDON, DOLGIN, KULLY & JAMESON, 3 Attorneys at Law, 900 Thompson Street, P.'O.`Box 1111, Martinez,;. 4 California. 5 Dated: July 1, 1968 8 CONDON, DOLGIN,. KULLY`& JAMESON' Attorneys- r`Claimant'' 7 8 By DAVID A. DOLGIN 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 28 27 28 29 30 31 32 -2- 1 a • v MILLER.STARR d REGALIA ATTORNEYS AT LAw - [DNUNDL.R[ -.. MAC ARTHUR BROADWAY BUILOINO MARVIN B. TAM" E]S WEST NAC ARTHUR BOULEVARD HARRY D.MILLER OARLANO.CALIFORNIA 04611MARTIN RRAWICC" CMION[!Se-AEAA 'CHARLES"C.BUTTERS T4 JANE!C.BURDEN_' AREA COOK NS PETER J.NINOAOAOO July 1, 1968 County Council Contra Costa County Administration Building P. O. Box 911 Martinez, California 94553 Re: Claim of Mr. Dudley Dowell, Jr. - denied by Board of :supervisors on March 26, 1968 Gentlemen: This office represents Mr. Dudley Dowell, Jr., 66 Heather Lane, Orinda, California. On March 12. 1968, Mr. Dowell wrote the County of Contra Costa concerning a- problem caused by a drainage easement that runs along hie property line. On March 26, 1968, the County Board of'Super- visors denied the claim of Mr. Dowell. We would appreciate bding contacted by an attorney in the office of the County COunAil in hopes that this matter may be resolved without the necessity of liti tion. Very truly urs, LLER, S & G11LIA s E. den a� JEB:yp � cc: Mr. �Dudley,Dowell, Jr. 7,,/h,�oi(s> fa ��� CJUNTY CLEWS JFFICS CONTRA COSTA COUNTY Inter-Office Memo DAM June 28, 1968` TO• Office of the District Attorney IdWiK. W. T. Paasch, Clerk 8UBJSLTs Action No. 110414 of the Superior Court of the State of California, in and for the County of Contra (beta,` NEPA MAY MC SETH vs. COUNTY OF CONTRA COSTA, at al. - - saa�t**•as•*lsss:4 tes,x,tsass#*ss##s*stirs,rsss#ss*f•ss**�st1l�f��! - Attached in copy of Summons and C Taint in the_•at 4e-entitled action. Received copy;of ibow- k oab tbia � i �y ofi�na r 19—60 , for. tha Dla CC_. r Fttorney. == 66-12-500 Lbsa 8.4 a •©. 7-z-Gtr f STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA j SS. I, J. R. Olsson, County Clerk and ex-officio Clerk of the Board of Supervisors, in and for the County of Contra Costa, State of California, do hereby certify the microfilm herein to be a full; true and correct copy of the original documents, records; instruments; books; papers; maps and transcripts in actions or proceedings before the Board of Supervisors, or otherwise filed in my office pursuant to law. I further certify that the foregoing records were micro filmed under my direction and control pursuant to the provisions of Sections 25105, 26202-and 26205 of the Government Code. taitness my hand and the Seal of the Hoard of Supervisors.' affixed this 19th day of June , 19 74 J. R. Olsson County:Clerk and ex-officio Clerk of the Board of Supervisors.. (Seal) by A D2" 'Zi uty County Clerk REEL # 199 CONTAINS: SUPERVISOR'S RECORDS