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HomeMy WebLinkAboutMINUTES - 10011970 - Claims 1970 EUGENE M. SWANN MICHAEL C. O'MALLEY CONTRA COSTA LEGAL SERVICES FOUNDATION P.O. Box 307 615 Estudillo .Street. Martinez , California 94553 - Telephone: 228-8710 Attorneys for Claimant Rebecca. Roberta Hill PROPOSED CLAIM AGAINST THE COUNTY OY CONTRA COSTA ` TO: Board of Supervisors of. the County of.; Contra Costa, P.O. Box 911, Martinez., California. ' 1. The claimant's name and post office address are as follows : Rebecca Roberta Hill California Institute for Women Frontera,. California 91720 2. Itis requested that notices be sent td said address. 3 . Said claimant asserts personal injuries and damages to herself:f- to have been caused by the following acus and neglect of the County. of Contra Costa and its agents and employees : (a) while being held as a prisoner" in the County Jail claimant was attempting to negotiate a flight of iron stairs -when she fell and injured her- self;. that the-cause of said fall was the negligent maintenance of the .staircase by the 'County under the circumstances that required claimant to. carry an .unusually heavy load of blankets; (b). claimant was denied medical assistance by the employees and administrators of the County Jail, although she requested such assistance; said denial caused-and contributed to - her personal injuries and damages; (c) claimant was negligently treated at the County Hospital and that such treatment caused and contributed to her personal injuries and damages: The exact dates of the initial fall, the subsequent failure to make medical assistance .available, and the eventual medical r malpractice, and, hence the accrual of the causes of action, are ii 1. not known with: certainty; however, claimant approximates the following dates and .periods of time: . the initial fall occurred on or about March 4 ,. 197;0.; the failure by the Sheriff and his County Jail staff to make medical services available occurred from March 4, 1970 ,. to March 18 , 1970; ,the negligent treatment and/or mal- practice of the County Medical Director and his .County Hospital staff occurred on or about March 18 , 1970, and again- from April 3, 1970 , to April 9 ,- .1970. 4. A general description of the injuries incurred, so far as now.. known, is as follows : direct damage to the lower spinal cord and the nervous system relating thereto. 5 . The names of .the public employees. causng. said personal injuries as now known are: Sheriff Walter F. Young, his agents and the County employees under his drection -and Dr. George Degnan, his agents and the County employees under his direction. 6 . The amount claimed as of thedate of presentation of this.. claim. is' $50 ,000.00 which incl.udes' $15 ,000 . 00 as the estimated amount of any prospective damage. 7 . Said amount of damages are based on the estimate of the claimant. 8. I , REBECCA ROBERTA HILL, the undersigned claimant, present this claim. Dated: June?-41970. REBECCA ROBERTA HILL 2 . CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : Carl Dexter Moore Address : 1400 Contra Costa Boulevard, Pleasant Hill, California. Attorney: Curt J. Cooper, 1615 Bonanza Street, Suite 318, Walnut Creek, California Amount : $7,500 (com]?uted as of date of presentation) Date Filed : June 24, 1970 UX"WMXX)§XI X1X By mail , postmarkedb0 I . FROM : erk of Board of- Supervisors TO : r. County Counsel ' s Office Attached . is a copy of the above claim . Is it sufficient and does it comply substantially with Government Code Section5 91 and 910. 2? DATED : June 24, 1970 W . T . PAASCH , Byoro �ri Deputy II . FROM : County Counse'l 's Office 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 : (�C,) 'County ' s general insurance carrier ; ( ) Other insurance carrier ; ( ) County Counsel . DATED : ���,5' —r]Z� JOHN B . CLAUSEN , By,�d � Deputy III . FROM : Clerk of Board of Supervisors TO : ( 1 ) Public Works Department, Attention Business & Services Manager (2 ). County Counsel ' s Office Attached are copies of above claim which -was REJECTED by the Board of Supe.rvisors on June 30, 1970 (copy of Board Order also attached ) . Please forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code.• Sec- tion 913 on Jul 1 1970 and memo thereof filed and endorsed on c aim, per Government Code Section 297.03 . DATED : July- 1, 1970 W . T . PAASCH , By Deputy IV . FROM: V(1 ) Public Works Department 1(2 ) County Counsel ' s Office TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order , and forwarding endorsement III . DATED : July 1, 1970 Public Works , By.., DATED : July 1, 1970 County Counsel , By Deputy s IN 'THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 30 19-70 In the Matter of ) Claim for Damages . ) Carl Dexter Moore, 1 00 Contra Costa Dguleyar,d. PI .a9An . H; 1_lr California, through his attorney. Curt J, Cap-er. 1615 Bonanza Street s Suite 318, Walnut Creek, California having filed with this Board on June 21.E s 19_M, claim for damages in the amount of $ 00 as of the date of presentation); NOW, THEREFORE, on motion of Supervisor A, M. , ag , seconded by Supervisor J. E. Moriarty , IT IS BY THE BOARD ORDERED that said claim is hereby DENIED. , The foregoing order was passed by the following vote of the Board : AYES SLipervisors J P. Kenny, A; M. Dias, J. E. Moriarty, T. J. Coll.. NOES None. ABSENT : Supervisor E. A. Linscheid. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaido Witness my hand and the Seal of the Board of Supervisors affixed this 30th day of June s 192. W. T. PAASCH, CLERK By �Dorot 'ydars; in: �rJ Deputy Clerk cc: Claimant Administrator Public Works (3) Attention Mr. Broatch County Counsel Sheriff Form #8 70-3-500 July 1, 1970 Curt J.. Cooper Attorney at Law 1615 Bonanza Street, Suite 318 Walnut Creek, California 91 596 Dear Mr. Cooper: Enclosed is a certified copy of an ofder� of the Board of Supervisors dated June 30, 1970, denying; the claim filed on behalf of your w client: Cera Dexter Moore. Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk dl Enclosure -CURT J. COOPER ATTORNEY AT LAW 1615 BONANZA STREET SUITE 318 WALNUT CREEK. CALIFORNIA 04606 "�'�"s'x" e • . (415) 939-6776 REQ •EIVEii .j'� June' 23 , 1970 J IJ N 2 41970 W- T. PAASCH L-LERK BO D OF SUP RA OVI801 " F Clerk, Board of Supervisors County of Contra Costa Administration Building Martinez , California Re : Claim of Carl Dexter Moore Gentlemen: Enclosed please find original and one copy of the Claim of Carl Dexter Moore v. 'County of Contra Costa and Sheriff Walter F. Young. Please return the copy of the claim, acknowledged by date of receipt and present the claim to the Board of Supervisors". , Thank you for your cooperation. Very) truly yours , CURT Jr. OOPER CJC/s Enc. i i i I CURT J. COOPER Attorney at Law. . - 2 318 Financial Center Building 1615 Bonanza Street 3 Walnut Creek, California 94596 4 939-6776 2;4°19XT 5 W. T. PAASCR, C6[RK BOARD OF SUPERVISORS- 6 Cf KA STA CO.-4 Sy 7 8 Claim of CARL DEXTER MOORE ) 9 V. ) CLAIM FOR PERSONAL INJURIES 10 COUNTY OF CONTRA COSTA, CALIFORNIA,) SHERIFF WALTER F. YOUNG 11 ) 12 13 TO: BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, and to the Clerk or Secretary of said Board of 14 Supervisors : 15 YOU ARE HEREBY NOTIFIED that CARL DEXTER MOORE, whose 16 address at present is 1400 Contra Costa Boulevard, Pleasant Hill, 17 Contra Costa County, ,State of California, claims'ldamages- from'the 18 County -of -Contra Cost; State of California, in the amount computed 19 as of the date of presentation of Seven Thousand Five Hundred 20 ollars ($7 ,500 .00) . 21 This claim is based on personal injuries sustained by 22 laimant on or about- May 11 , 1970 , at the Contra Costa' County 23 Rehabilitation Facility near Clayton, California , under the follow- 24 ng circumstances. 25 Mr. Moore was assigned to lunch K.P. duty; when he ,com- 26 leted his duties he left the mess hall. As he was walking across 27 the sidewalk he slipped and fell due to the soapsuds and soapy 28 ater that had been poured onto the ground to dispose of it-. The 29 oapy water had been used by the inmates to dunk their eating ' 30 tensils to clean them. 31 Mr. Moore landed on his right elbow and sustained a very I 32 ainful injury; Mr. Moore had previously injured his elbow and this: I CURT J. COOPER ATTORNEY.AT.I-AW, 1616 BONANZA STREET SUITE 319 WALNDT CREEK.IDA'94598 (416) 939-6.7,76 'I . t I i i 1 lincident has aggravated- and inflamed that --pre-existing condition, 2 or cause new. or additional injury.Sub.sequently Mr. Moore received 3 surgery for his right elbow at. the County Hospital , Martinez , 4 California. 5 Mr. Moore was assigned Rehabilitation Facility No. 150804 , 6 and an incident .report was taken on, May ll, 1970 . 7 The injury interferes with Mr. Moore ' s work , as_­:a carpenter 8 in that he cannot swing a hammer due to the injury.. 9 The names of the public employees causing claimant' s 10 injuries or adding or aggravating thereto under the described 11 circumstances are not known to claimant. 12 The injuries sustained by claimant as far as known as of 13 the date of presentation of this claim consist- of a serious injury 14 to his right elbow. - 15 The amount claimed as of the date of the presentation of 16 this claim is as :follows : 17 Damages incurred to dates_ 18I Expenses for any future medical and hospital care which are 19 unknown as of this time, but claimant requests permission to insert 20 that amount when -the total is ascertained, if .any. 21 Loss of. earnings which are unknown in amount as of this 22 (time and we request permission to insert when the same become ascer- 23 tained. 24 Special damages : unknown at this time, but request per- 25 mission to insert when the amount is ascertained. 26 General damages : Seven Thousand Five Hundred Dollars 27 ($7 ,500 .00) I 28 Total damages incurred to date: unknownat this time , but 29 request permission to insert when that amount becomes,-known. 30 Total amount of claim as of date of presentation of this 31 claim: Seven Thousand Five Hundred Dollars ($7 ,500 .00) . 32 All notices or other communications with" regard to this CURT J. COOPER ATTORNEY,AT.LAW .%BIB BONANZA STREET SUITE 318 _2- WALNUT CREEK.CA 9896 (416) 939-6776 - n I t �i i I i I claim should be sent to claimant in care of CURT J. COOPER, 2 Attorney at Law, 1615 Bonanza Street, Suite 318 , Walnut Creek, ;l 3 California. 4 Dated: June ,�3, , 1970. 5 6 CARL DEXTER MOORE 7 8 9 T J. CO PER Ia . 11 12 13 14 15 16 17 r . _ 18 19 20 21 22 - 23 24 25 26 27 28 .. � I . 29 1 30 I 31 - i 32 i CURT J. COOPER i ATTORNEY.AT,L.AW 1615 p0NANZA STREET ' SUITE 319 3 .. , WAXZ*ZC CHE88:CA 94696 (415).939-6.7.76 + k q At- 0 t- A ua ? ` In the Board of Supervisors of Contra Costa County, State of California June 30 19, 70 In the Matter of Authorizing Settlement of County Claim against Mr. and Mrs. Wilfred Rowbotham. As recommended by the County Lien Committee, and. on motion of Supervisor J. P . Kenny, seconded. by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED tbFit the County Auditor-Controller is authorized to accept. the sum of approximately $900 in settlement of the county claim against Mr. and Ms . Wilfred Rowbotham. r The foregoing order was passed by the following vote of the. Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, T. J. Coll. NOES: None. ABSENT: Supervisor E. A. Linscheid.. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Administrator Witness my hand and the Seal of the Board of County Counsel Supervisors Aud icor affixed this 30th day of June , 1970 W. T. PAASCH, Clerk ByDeputy Clerk Nanc Ing aham H 24 12/69- IOM COUNTY CLERKtS OFFICE CONTRA COSTA COUNTY Inner-Offce Memo DATE: June 25, 1970 TO: Office of the County Counsel FROM: W. T . Paasch, Clerk SUBJECT: Action No . R-1$439 of the S� re;�ior Court of tae State of California, in and for the Cc•unty of Contra Costa, FRANK WASIK vs , COUNTY OF CONTRA COSTA, et al. Attached is copy of Summons and Complaint in the above-,entitled action. Received copy of above- mentioned documents this 25th day of June , 1979-, for the County Counsel. nn 69-9-500 Form 8.3 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Putter of Ratifying Clerk' s ) Action in Referring Copy of ) Summons and Complaint ) June 30 19-ZO in Court Action to the Office ) . of the County Counsel. ) The Clerk of this Board having on June 25 , 1970 , referred copy of Summons and Complaint served on M. Cramlett, Deputy Clerk in Clerk' s office in Richmond, on June 23 , 19 70 , in Action No. R-18439 of the Sia.erior Court of the State of California , in and for the County of Contra Costa, FRANK WASIK versus COUNTY OF CONTRA COSTA,, CONTRA COSTA COUNTY HOSPITAL. et al. to the Office of the County Counsel; NOW, THEREFORE, IT IS BY THIS BOARD ORDERED that the Clerk's action. is hereby RATIFIED. The foregoing order was passed by the following vote of the Board: AYES : Siipw visors J. . P. 'Kenny, A:. M. Dias, J. '.E. Moriarty, T. J. ' Coll. NOES : None. ABSENT: Supervisor E. A. -Linscheid. I HERESY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. IiJitness my hand and the Seal of the Board of Supervisors affixed this 30th day of June 19 .. W. T. PA.ASCH, CLERK By Doroth Lae ari�ni Deputy Clerk cc : County Counsel Administrator 69-9-500 Form #8.2 HANNA AND MORTON BYRON C.HANNA(1887-1951) LAWYERS - HAROLD C.MORTON CHESTER F. DOLLEY - - JOHN H.BLAKE CABLE ADDRESS "HANMOR" DAVID A.THOMAS 1126 PACIFIC MUTUAL BUILDING EDWARD S.RENWICK WILLIAM N.GRIrENE - - 523 WEST SIXTH STREET BELA G.LUGOSI - LOS ANGELES, CALIFORNIA 90014 KENNETH R.HODGES' DOUGLAS P.GRIM � _ �MADISON 8-7131 ' JAMES PAUL LOWER - - - June 23, 1970 g�C IV. � JUI e 197J Mrs . Aileen Elder, Deputy • • �` �` Superior Court for the c�ER►cCO RAC�6 ACRVI$6�� County of Contra Costa By Deputy Court and Main Streets Richmond, . Contra Costa' Dear Mrs . Elder: Re: Industry Wide Oil Companies vs . County of Sacramento Case No . R-18432 . Thank you for the copy of the original Summons which we returned to you in the above matter. It appears, however , that the Declaration of Service on said Summons was not signed; therefore, I have enclosed a signed Declaration of Service to be attached to the original Summons in your files . We appreciate your cooperation . Very truly yours , Z -- JAMES PAUL LOWER Ly JPL:nmv Encl. CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : Robert J. Driver Address : P. 0. Box 5823, San Jose, California Attorney : Belli, Ashe, Ellison, Choulos & Lieff, The Belli Building, 722 Montgomery Street, San Francisco, California Amount : $i50,000 Date Filed : June 10, 1970 By delivery to Clerk x'. By mail , postmarked I . FROM : Clerk of Board of Supervisors TO : County . Counsel ' s Office 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 : June 10, 1970 W . T . PAASCH , By 1�'Myce M. Krekel, Deputy II . FROM : County Counsel ' s Office 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 ; ( ) County Counsel . DATED : 1970 JOHN B . CLAUSEN , B.v �.r�ze Deputy III . FROM : Clerk of Board of Supervisors TO : (1 ) Public Works Department, Attention Business & Services Manager ( 2 ) County Counsel ' s Office Attached are copies of above claim which was REJECTED by the Board of Supervisors on June, 23. 1970 (copy of Board Order also attached ) . Please forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of thi.s action per Government Code Sec- tion 913 on June 23, 1970 , and memo thereof filed and endorsed on claim, per Government Code�ection 9703 DATED . June 23, 1970 W . T . PAASCH , By orot L Marini Deputy IV . FROM : (1 ) Public Works Department (2 ) County Counsel ' s Office TO : Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or > - board order , and forwarding endorsement III . DATED : June 23, 1970 Publ i c .Works , By , i DATED : June 23, 1970 County Counsel , B Veputy s" r June 23, 1970 Vasilios B, Choulosp Esq. Bolli; A-she, Ellison, Choulous & Lieff Attorneys at Law the Belli Building 722 Montgomery Street San Francisco, California Dear Mr. Choulous: Enclosed is a certified copy of an order adopted by the Board of Supervisors of Contra Costa County on the above date, denying the claim of Robert J. Driver, which claim was filed by you on his behalf. Very truly yours, W. T. rAASCH, CLERK By Dorothy Dazzarini Deputy Clerk d1 Enclosure IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 23 9 19-70 . In the Matter of ) Claim for Damages, ) Robert J. Driver„ P. 0. Box 5823. San Jose. California, by and through his attorneys, Belli, Ashe, Ellison, Choulos & Lieff, 722 Mont- gomery Street, San Francisco, California having filed with this Board on June 10 19_YO , claim for damages in the amount of $ 150,000 ; NOW, THEREFORE, on motion of Supervisor A. M. Dias , seconded by Supervisor J. P. Kenny , IT IS BY THE BOARD ORDERED that said claim is • hereby DENIED. ' The foregoing order was passed by the following vote of the Board :. AYES : Supervisors J. - P. Kenny, A., M. Dias, J. Ee Moriarty, T. J. Coll, NOES : None. ABSENT : Supervisor E. A. Linschei d. � I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 23rd day of June , 19 yo W. T. PAASCH, CLERK By Dorot /azVini Deputy Clerk cc : Claimant Administrator. Public Works (3) Attention Mr. Broatch County Counsel Sheriff Form ##8 70-3-500 CLAIM ROBERT J. DRIVER presents a claim for damages against the COUNTY. OF CONTRA COSTAr SHERIFF WALTER F. YOUNG, LIEUTENANT LLOYD KELLY, its agents, servants and employees, in the sum of ONE HUNDRED FIFTY THOUSAND ($150,000.00) DOLLARS. CLAIMANT'S ADDRESS: P.- O. Box 5823.= SanJose: California DATE OF OCCURRENCE: March 11, 1970 PLACE OF OCCURRENCE: Clayton. Prison Farm, City of Clayton, County of. Cont-ra Costa, State of California. ,. SAID CLAIM ARISES FROM THE FOLLOWING CIRCUMSTANCES: . Said County of Contra Costa, Sheriff Walter F. Young, Lieutenant Lloyd Kelly, their agents, servants and employees, , negligently and carelessly maintained, controlled, managed, ' inspected, supervised and operated said Clayton. Prison as to allow other inmates of said institution to assault and batter and inflict serious injuries on plaintiff; and further, negligently and carelessly failed to provide claimant with competent, efficient, supervisory and other employees there and there charged with the safety, control and management of said institution; and further, faded to provide claimant with immediate and proper medical care, attention and aid, resulting in serious personal injuries to said claimant. ITEMS OF DAMAGE: Personal and injuries. NATURE AND EXTENT OF DAMAGES: By reason of the negligence and carelessness of the County of Contra Costa, Sheriff Walter F. Young, Lieutenant Lloyd Kelly, their agents, servants and employees, claimant suffered fractures of the ribs, facial bones, mandible, skull, a cerebral concussion, serious internal injuri/es, njuri�es--to) the eyes, loss. of hearing, and other injuries not presently di-'gpnos d. VASTL�ZOS B. CHOULOS, ESQo. f ,_ BELI, ASHE, ELLISON, CHOULOS & LIEFF Attorneys for and on behalf of ROBERT J. DRIVER, Claimant. The Belli Building 722 Montgomery Street y'+ {� San Francisco, California ; a t_ Telephone: Yukon 1-1849 • as fa U - ,S�zs -�'.,,.�1,s. V APPLICATION FOR LEAVE TO FILE LATE CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : BARBARA HEDLUND Address : 2033 Essenay Avenue, Walnut Creek, California Attorney : Homer B. .Sidlow, 12 Gregory Lane, Pleasant Hill, CA 94523 Amount : $6, 000, 000 Date Filed : June 15, 1970 By delivery to Clerk By mail , postmarked 6-1-4--70 I . FROM : Clerk of Board of Supervisors TO : County Counsel ' s Office Application for leave to file late Attached is a copy of the above/claim . Is it sufficient and does it comply substantially with Government Code ect-Ans 9 O and 910 . 2? DATED : June 15, 1970 W ., T . PAASCH , By. Dorot a ri Deputy II . FROM : County Counsel ' s Office TO : Clerk of Board of Supervisors X Above claim complies substantially with Government Code Sections 910 and 910 . 2, + 9/i. q 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 ; ( ) County Counsel . DATED : 7o— JOHN B . CLAUSEN , Byjha)�,e_J,014_A�� Deputy III . FROM : Clerk of Board of Supervisors TO : (1 ) Public Works Department, Attention Business & Services Manager (2 ) County Counsel ' s Office Attached are copies of above claim which was REJECTED by the Board of Supervisors on June 2.3, 1970 (copy of Board Order also attached ) . Please forward this claim to the County ' s general insurance carrie.r. (or ) . Claimant notified of this action per Government Code Sec- tion 913 on June 23, 1970 and memo thereof filed and endorsed on claim , per Government Coectio 29703 . DATED : June 2 , 1970 W . T . PAASCH , By Dorot zzari Deputy IV . FROM : (1 ) Public Works Department (2 ) County Counsel ' s Office TO : Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order , and forwarding endorsement III . DATED : T, ,, i �70 Public Works , By 24 DATED : J11ne �3i 1970 County Counsel , By eput June 23, 1970 Homer B. Sidlow Attorney .at Law 12 Gregory Lane Pleasant Hill, California Dear Mrs Sidlows Enclosed is a certified copy of an order of the Board of Supervisors adopted on the above date, denying the application for leave to file a late claim which was filed by you on behalf of your client , Barbara Hedlundo Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzarinii Deputy Clerk dl Enclosure Supervisors In the Board of of Contra Costa :County, State of California . June 23 . 1970 In the Matter of Application for Leave to' File Late Claim for Damages® Barbara* Hedlund, 2033 Essenay .Avenue; ' Ifalnut Creek, California, by and through her attorney, Horner B. Sidlow, 12 Gregory Lane, Pleasant Hill,, California, - having filed with this Board on June 15, 1970, ap lication for . leave to. file a late claim for damages in the amount of b,000,000, > NOW . THERE14'ORE, • on motion of Supervisor A. M. Dias, seconded by Supervisor J. P® Kenny, IT IS BY THE BOARD ORDERED that said appli.— cation for leave to file a late claim is hereby DENIED'. The foregoing; order _was. passed by the. Following vote of the Board: AYES Supervisors J. P. Kenny, A. M. Dias; J. E. Moriarty, T.. 'J. Coll, NOES: None, ABSENT: E. A Linscheid. hereby certify that the foregoing is 'a true and correct copy-of an order entered on, the minutes of said Board of Supervisors on the date aforesaid. Witness my hand,and the Seal of the Board of c c°a 'Claimant imant Supervisors Administrator affixed 'his 23rd day of June , 19 ,70 Publi e forks (3Y W. T. PAASCH, Clerk Attention T1r. Broatch County Counsel By Deputy Clerk Sheriff Doro y La rini H 24 12/69- IOM xr !~ • 1 14 Homer B. Sidlow 2 12 Gregory .Lane 3 .Pleasant Hill, CA.•. 94.523 -- 4 687-9860. 5 Attorney Por 'Claimant ` N 15 1970 g W. T. PAASCH CLERK BOARD OF SUPERVISORS rq TRA COSO. By DSPUIY . 10 11 Claim of BARBARA 'HEDLUND$ No. 12 C].ai:mant, APPLICATION .,;ESR` LEAVE TO' FILE CLAIM PURSUANT �TO SECTION 911.4 . .13 vs ". OF THE GOVERNMENT CODE 14 THE COUNTY QF :CONTRA COSTA a body politic and corporate, 15 .-.-..-s 16 TO: THE COUNTY BOARD .OF SUPERVISORS, CONTRA COSTA COUNTY,: -CALIFHRNI 1'7 BARBARA.,HEDLUND hereby, makes application forleave to present 18 A late claim' founded:.on a cause of action for personal injuries ' 19 which- accrued 'on Aug4st :14y _1.9693, and for which a claim was not pre 20 sented within 100, yi thereafter as provided by Section 911.2 of 21 the. Government Code For additional circumstances relating to the 22 said cause of action claimant refers to and hereby incorporates by 23 reference the proposed claim attachedAo:':'this, application. 24 Claimant.'-hereby sets forth the follow ng' reasons whysaid clai 25 was'. not presented during aai:d' period: of time-: claimant is husband wa 26 absorbed with his: detrise' to' the charges brought 'against him-9 was .-27 incarcerated for 69 days,, and was not aware of the 100 day limita 28 tion for filing which was overlooked :by claimant because of excusable -1 neglect , and respondent would not beprejudiced if leave to present 2 said claim-vias, granted.. 3 Said application is being presented within a, z►easonable time 4 after accrual o£• said cause of ,aet3on':as is more ,particularly shorn 5 by said attached declaration, 6 NNEREFORE; _ c3.aimant 'respectfully requests that , said . applicatio 7 be, granted and that; said claim which is hereby attached be received 8 and acted on in accordance, with :Section 811..6'. of th'e. Government 9Code of the -State , of California. 10 DAted June 1.42 .197 HOMER-97 SIDLtJW 12 .Attorney for Claimant, 13 1.5 16 17 _ 18 19 - 20 .r {. .. 21 22 23 24 25 26 27 28 -2- . = , , Att r 10 • LU HED Mal, of BARR IRA 14'12 5PS• e �3 13. •. .' � ... .. .. 'f'. .. ..,. +' . +W„+i9YmrM, - �M ....I�+wW,u+N•w�wnwPv.vr✓wnN.wYwnlst+R.nW++Mwa, THrt, om 'lop � � , , T x a , r I Al act orp6r ^ea 15 // 16 17 ' i ce:`: O 50 M C3 `:' INT -.: C,� I " 2{?' the_ a� + ` : �. c i ` a,pa. ar v mit�r� a O"Oe d .A pr ANM 00/100 SIX 11cal' 03-pelrMta JOSS 22 Met :2 A 4.Y+ T •.B p '♦y1LP C'e +&r dA i !r� sba •47N day-.. h`1'hYrne`. fp .$L'F ti" $;l.X '� Wei•1 s ' 6i W -knoto&t,•-.. F�ci, tiN vb,irW 'd`SSGa;S'8 X41 �a?T iM Abp i`�.•'+�?'�+•A3AK�'�:�b - -L U'i x.IA CYE kI+b tln: V,d +.� i:t r�i.3E.�# lut A AA `. # � 'shit rook� ..c0� O ... 28. � a .0" � � A " cls. k qq��Vy-1y/. }}�� A¢�,�f}. iqts ��66�Q y� -' ly-, ,qq��aaG� . GiYJd'e t bib folls7Y in elyd 6tance'f;�n 2 Claumao.8 huab�arad;. EUGENE Re 14EDLLTN 7s wa6i areeat6d .by agentZ . . 3 and lca�r ` 'a rtY� . y of WAIn Cr a � �+ �; ation::of '3e �ri�a s -1 7� 2C �s o 9•. ` d Sqctlot 4 �a3.3,-'6f tj az l Cdd � ate c Ca1i�*,r 1O..l ,5a1 arr- 5 al�i�igii v „�a �a ted';Pira a1 1� �►sued d indArd �a . , t ei, City • ,til. of. the :Citi .,o.f 1a at-' Cr e€ , Ca1if rn !; 6 erri, of apprda,imhta3y• 2 �O'ft 'mad, was a�b egt6d :to;d r d3i.,1 and hum liating p sieAl• ad �a nta�. :a�uge by,, 5 �a � ,�$� ta .mid 7` envROye . �;a el 3 pr tr. sub f r#har. Impr ;imion. and Ane �Aii6xx 3 ; iso . Z; 8_ Co t: of' ont a + . Ci;t O `" Martino,�',�"�� i r��d' o� ' :.- . S ' ' d3rei.ot a�id k.;- 9 i at '.;eduse d ';:r dr, 1. t s : ' ' °6+ { b ;.ela aant* ' ai i pros � t �y� qp � g� fig' a� b and `:i�� i ra� I66 lot.., gel"7�c�"is 4i,� �-a i.y�Y�Y� :0P + 3 10 s p V� 'and ' facet oda fit; ' 'GB�Q a ; with-i3R1'.`€ �� 1 41141i' iht d her h; b A va€, , 11 prox to':aara , 't:� a l; . �>ea is ':' t' a men aid distr a o '' a r66-hi'r raid: a�� a ; nt nti, r d�. . '��, 12 ' r c ° o ' �i�d ,u � -�#r .t�aa.:' act° or t eaha at�but e lal. t to -huas� b '` r Alio ' tt". A,afta s&md A nt `arca ` : 13 1 � 6 ,dor. Vith a s rafa�r� kac�$ I t .: d rr t 1� gsap►®aha off` .gat: niaa�l ! i �.i .ns UPMlavient,,+ ' aus��nd 14 t Qe� �i[a yp y�ai a�,nd da a pg�hpy'g Uf? d ,:/ag 9 d ,t:he b' a si la anti -H�Reif.• �Lf'�,L6i11 In.7��SJ'r f+'.a.F;4P� �SXiHRei���i7 �`e ��:' Si�ti. IIN.��•4'Y 15 , The .n s 4 tae'Jottbll •'. plsr���s �a���. .a 119a t a s I i4r. 16 taraftrea C .rc UM9 a+� w a� !Tom. o 4h ;date off' .. 17 -ire z entat � .. a °� Y:' 'o SS i r ff Cif Contra, Odsta-,CroUnt y..p Calliforn do 19 rt tmri s $ ta�.xaad y dia1mant .as r a l na�anp as o the, 20 da y of prosentat ion of..this elai, t j dons t O'F inj,ury .to alaisriart es 21 ga alt h; star n t and a� ltd i u t; �.r .€ra t 9 body ar�lq show 22 at�d � , to her x.ervo systems and alb of said Injuries have =` .23 . CalsedsandO ntrankXe `to oauseolainaAt react . mental.g .:physiaa1 and i r h .r� Z. 24. porvous pain and a further; result; of tho falser Mai.- 25 ioios s end apriv .i fOstats an thepart ,of the said a�snte and on- 26, P Vso clai t w � � to hatrad,._contemp and oblo4ty� and 27 has been. Qu ad and .avoided. �„�,.`t h.0- go��itY�. d as, the Vro.XiM& � 28 r; ol. .:` 2a Q "ba I I Out6i th 'd r ira as o de r fila' enter �n �� $ �� � ��6iba. h�sa���� �sa�aand Shamet 3 rho a,mQunte.. eIai a ;- as,. of the ,dat4-of :presentation of ' 9.'Loss :W :ea amount 'un oWh .Bali. bOAd e � cunt' nownn . . Ott- 9 . 11 ,Total .ambutit 12 o PrQ beb-ttlO Ot:.hail -dia .m fl.000�600. 00 13 21 . o'aat.�,Of�-t)O*)Cet,`�mesee '®� b����-ai 14 o+ � 'In � ai.l beb . 15 AIXt c��� o�h�r �d ��t�it���$�sb� with..reg °d to thle ��e 16 ouhd. �. .b 3t :` o wa r Wit" 3. i. . cry:, �' B T E . :3C 1 3 c 17 .� 18 ag 1-2 20. 21 22 ABA LU D 16A R411 23 24 t be attached to original or true+copy`of papwrved) I,..............................HQ� ,,,B,..-,$1DLCLW. say . ......................................... ..... That I am a citizen.of the United States, over18 years of age, a resident of Cgntra,_Costa # ..... CciutU;r, nml not"a party to Iho wit.hur:fiction. That doclarant's busiuoss 'uddtoss isl,2 0r r_V..*1A? 9.a. Pleasznt Hill- CA. 94523 That I served a true''copy of the actac�ted.Application for ,eave t'ole:::claim �is�lant t ...and:...C•1•aim ......... .. by placing said copy in :ul c tivelope addressed to, Cq„Ullty„ Board Of; Supervisors Administration Building.• at hb office (residence) address.... ... Martinet, CA 9553 which envelope was then sealed'and postage fully prepaid thereon, and theroatter was on . ....Jun@.... Pleasah� Hill ,,,,,,,,,,, Qiipilttllrnl lit thii 1lnh;rnl "11,111.4maunil nl.,, ., C;itllfcITtiiit., That l,fit.;r is delivery service by United•States mail at the place so addressed, or ropuhir communicat, on by Un;ttd Scstes Wait between the place of mailing and the place so addressed. . I declare under penalty of perjury that the foregoinb is true and correct N' Executed on... XI�..a. , .a. 7:Q.. ...., it Ple HIll ' Cu1•'ornia ..... 0 ° AP-PLICATION FOR LEAVE TO FILE LATE CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : EUGENE R. HEDLUND Address : 2033 Essenay Avenue, Walnut Creek, California Attorney : Homer B. Sidlow- , 12 Gregory Lane, Pleasant Hill, CA 94523 Amount : $6, 000,000 Date Filed : June 15, 1970 By delivery to Clerk By mail , postmarked ? 14-70 I . FROM : Clerk of Board of Supervisors TO : County. Counsel ' s Office 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 Secti n4azini and 910 . 2? DATED : June 15, 1970 W . T . PAASCH , By oro L Deputy II . FROM : County Counsel ' s Office TO : C1erk .of Board of Supervisors Above claim complies substantially with Government Code Section--„-4--zx��u � � „ . � . 9 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 : (;K ) County ' s general insurance carrier ;: , Other insurance carrier ; ( ) County Counsel DATED : 17,70 JOHN B . CLAUSEN B"y�Z1*a z444- Deputy III . FROM : Clerk of Board of Supervisors T0 : ( 1 ) Public Works ' Department , Atte'nt-ion Business & Services Manager (2 ) County Counsel ' s Office application for leave to present late Attached are copies of above/claim which was REJECTED by the Board of Supervisors on June 23, 1970 (copy of Board Order also attached ) . Please forward this claim to the County ' s general insurance carrier (or ) . Claimant . n.otiified of this action per Government Code Sec- tion 913 on June 23 1970 and memo thereof filed and endorsed on E aim, per Government Code Sec i n 703 . DATED : June 23,1970 W . T. PAASCH, B Dorot Laz inz Deputy IV . FROM : (1 ) Public Works Department (2 ) County Counsel ' s Office TO : Clerk of Board of Supervisors application to file late This acknowledges receipt of copies . of abovV claim and/or board order , and forwarding endorsement III .' DATED : June23, 1970 Public Works , By DATED : 11 P 23, 1970 County Counsel , By� Dep ty June 23., 1970 Mr. Horner B. Sidlow� Attorney at Law 12 Gregory Lane Pleasant Hill, California Dear Mr. Sidlow; Enclosed is a certified copy of .an order of the Board of Supervisors adopted on the above dates denying the application for leave to file a late claim which was filed by you on behalf of your client, Eugene R. Hedlund. Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk dl Enclosure In the Board of Supervisors of . Contra . Costa- County, State of California June 23 , 19. 70 In the Matter of Application for Leave to File Late Claim for Damages. Eugene R. Aedlund, 2033 Essenay Avenue, Walnut Creek, California, by and through his attorney, Homber B. Sidlow, 12 Gregory Lane, Pleasant Hill, California, having filed with this Hoard on June 15, 1970, an application for leave to file a late claim for damages in the amount of $6,000,000, NOW, THEREFORE, on motion of Supervisor A. M. Dias, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that said application for leave to file late claim is hereby DENIED. The- foregoing order was passed by the following vote of the Boards AYES: Supervisors J. P. Kenny., A. M. Dias, J. E. Moriarty, T. J. Coll. NOES: None. ABSENT: Supervisor- Edmund A. Linscheid: hereby certify that the foregoing is. a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. ccs Claimant Witness my hand and the Seal of the Board of Administrator Supervisors Public Works (3) affixed this 23rd day of June , 19 70. Attn: Nor. Broatch — County Counsel , W. T. PAASCH, Clerk Sheriff By ^, Deputy Clerk Dorottoy TaWrini H 24 12/69- 10M 1 Homer. B. . Sidlow 2 12 Gregory,-Lane 3 Pleasant 4Hill, -CA _94528 4 687-9860'.. . E D 5 Attorney . for Claimant,,-. .:, JUN 15 6 W. T. PAA60W 69URIS NAR®®f§UPERillOR OVA WWI fiRa�®mss Vis: 8 10 11 Claim of EUGENE R. HEDLUND, Na. 12 Claimant., APPLICATION- FOR LEAVE-VO'"FIhE CLAIM PURSUANT TO SECTION '911.� , 13 VS ; OF- THE GOVERNMENT CODE 14 THE COUNTY OF CONTRA COSTAr •a body politic and corporate. 15 16 ' TO:. THE COUNTY. BOARD OF SUPERVISORS, CONTRA CALIF,ORNIk. 17 EUGENE R. -HEDLUND, hereby makes 'application for leave to. pre-' 18 sent a late claim ,founded, on a cause of action for personal injuria 19 which 'accrued on August 14 , 1969,, and '.for which a claim' was 'not pre 20 rented. within 100 days, thereafter as provided by Sec, .-..on 911.2 of 21 the Government Code. . For, additional, circu.,.tances :.relating to the 22 said cause:, ofr-acti:on--claimant refers :to and hereby incorporates by 23 reference 'the proposed claim attached..•to: this application.. 24• Claimant hereby, sets forth the following reasons why :said clai 25 was not presented during said period of time; claimant was incarcer 26 aied for 69 days in suceession• 'and, then totally absorbed in prepar- 27 ing his defense t,o the charges brought against him, and. was- not 28 aware of the. 100-day limitation for.. filing which was overlooked by. r '1 c.laimantbecaus:e of exauaabl,e neglect.9 and X°espondent would not be 2' prejudiced if leave to present said . claim, was_ :grant ed 3 Uid.-Application is :being .presented •within` a 'reasonable. time, 4 after accrual• of said cause. of action as_:is more particulaarly shown 5 by aatachedeclarati 'h e ' t : 6• WHEREFORE!,,. claimant. respectfully requests at,':said, applicatio 7• be• granted and that- said claim-.which is .hereby att:achtd b.e received 8 andacted on in: accordance. with Section. 9al0.6 of .the'. Government 9 Code of the State of California. 10 Dated: June--•14 9 1970. 12 ,. T HOMER S DLOW 13 Attorney for Claimant 14 1,5 - 16 17' 18 • 19 20 21 22 23 24 25 28 _2� 1 Homer.. Sidlow 2J 12 Qregory Lane , 3 ,Pleasant Hill," CA 94523. ' 4. -687-900 5 Attorney for claimant 7 r ' v Y 9 10: 11 Claim- of -,EUOEHE R-0 HEDLUND a -No. 12' claimant �' . ,CLAIM FOR PERSONAL INJURIES (SECTION 9l0• of-THE.'CALIFORNIA I3 vs. : _GOVERNMENT. CODE) ' 14 THE. COUNTY .OF- CONTRA COSTA 15 a body politic. and' corpordte 0 ., 161 I7 TO THE COUNTYr BOARD 0V SUPERVISORS,.-.CONT COSTA COURITY -,` CA LI-FORNIA s I8 YOU ARE HEREBY NOTIFIED- that :EU( EAi ®' HEDLUND a whose address 19 is 2033 `Essenay Avenue., Walnut :'Creek' Ca Iifornia,, claims damages From. :20 the County of Contra Coeta"in .th damount= oo�iputed as0"f the .date of .21 presentatioh'of the Claim..of' Y_ X MILLIONDOLLARS AND 00/100� =22 06 OtJO y000 000) q plus special damage, f dr *medical ekpenses-; .loss of 23 earnings ,: bail bona feo� and Attorne �,€ s' p' _ y°*3 fee' s in. amounts 81CD$ known 24 to- claimant as of the time of pr6sentation �bf this claim. 25 This claim is based on . ironal in, ur �s. u�tainec . by claimant 26, on or about: Aujxust 1 ., 1969 , in the .City of Martinez,, County. :of Cyan ' 27 tra Costas State of Californias a.1d thereafter at times and places 28 unknown to claimant .as of the` tivie. of presentation of :this claim, der ,tae f ollo�ring.,circumstances Claimant was -arreated by: 4gehts and -employe6s'. Off' the- Cit of . 3' t al�aut 'Creek :£ssr an. �11eg d violffition° of -Sections 18T®66 s Sectio*n'.22As aseti® a 5g .and 'Uatt6n''•26l., '.:..the ..Penal Code 4; of.•the St&te ojr :California. Said -arrest -,eras'*ithoutt reason 'ab le or probable, cau6e , ereafter m. the .:claimant wa.s. falsely, 5- imprisoned and incarcerat6d in the City. Jail .®f.`the City of " Walnut Creed Calif6rnia. . f'oi-i a, period -of approximately two & days and W.aa sub j ected rto fur.the'r imprisonment and inc,areer- ution in .the `Ce)unty`: Jail', of the County' of Contra Costa, City 7 of. Martinez . for a per�bd- of a0proximately. sixty.-Seven dayp, and. wria. subjeoted''t® degrading. and humil it ins phyisiaal anti 8 - mental Abuse bar. said ,agents ;and `.:*:em . : h6reaf tor, ,zaid agents Intent �ffi o false; d�f'a at®ry-- and unprivileged 9. written.-and. oral statement's about:;'claimant. All, of 6=aid 'agtG. by said-agents. and employees were ,done kithltce as� r�th®ught ..10` and f dr'. the sole purpose ose ofii' bAti:onally'ihrlie.t�inS. upon claimant the irijuries. and, damage's herein_.claimedo The names of ,the public employees causing' clalma Qs '3hJuri:es. 1214 . nder 'these circumstances., as far as . known, as of :the date .. of pros- , 13 nta'tion .of thii CIaim,14 'ire WALTIEk, F..: YOUNG'' : Sheriff .of Contra Costa COtknty a.,Call f'orA1a The .injuri-es .sustained by.- claimant,e'-..as far as,� known g : as ,og the 16 ate ® present�t: on cif thea : Claims ' et�nsl'st of 'in i� °y .fib lsimant Qs health,17 s strength,. and activity. - iridum to-'blaimant:ea .-bodyand shock . 18 d injury .to, his' hervou ar syste . a�ad' all` oP aaid Anjuries have 19 ause6, and continue t'o .cause, clai i nt 'great '- ental,' physical. and .20, I' J 2ervous and suffering. As a -further result of the f alse m, mal- 2.1 ' cious :and. unpr .leged 'aets on theppart of the acid `agent 6 and emp-. oyees, claimant was 'eupoaed to hatred, contempt. and,dDloquyp and has 23 een shunned .,andvo9 dell In,- the .community, and as� the proximate re- q24 ult the reo '9 has s istained co* tinued:.nervous shook and .s'trai,n and 25 zas suff'erec gr�eat� ,nentffil anguish'. aorlificAtionq humi.li�.tion and 26 • hae 27 - This claim -i s also based:, on :false Imorisdriment whereby. claimant 28 a,$ incarcerated in- the. County Jail,. of the county:, of >Contr� Cost, �• ..r.or 67 dais a r• - - - 2 a t thecaf a ntation -of .thig The �moctnts o1aa 3, Claimare . comput ed: as 'f olldws :. 4 1) 6�lil aporis �in�unt un own, .(2) Loss of eti.rhih's Sao nt .unknown.. 6 , ) 3 iI ^b'ond fe s` :jAmount. unkriovn - `Attc�rxz� Q . fe am®ur unnon'- ' �'''. ° .• 8. (5) , Gene gee : gf3OC?�0lQ«'4C? , } 10 Tcita I am exit :'io 16 d a o f-th di't6 Of ����ant't1o: of this Clam. �.'6 5,000,,400 at�t� �F'lus..outdo �-pc c3c�t.'. to os ;for me; icA . 1oss, of ' aiaflriJ;s " fail 'b. nd 14 �'��s tend attorney I:s fa�� m 1.5 x,11 nq mes ,br. -otD"er com nidation .,, ith, r"ard to this,. Claim 16, should bw`,sen lai'Odfit in"carp of 'LAS O"ICE$: 4F, H6YXI A $o; SIDLO � .. ESaus� 12. 'Grog!qr a san a Dated- -May. ^ 2a ,• tj M Ru HEDLUND Mast 22 r 4 :r C 2 5 2^ 4 G a' 26 K t. 27 r. • � 9- o a a m (4 a g 0 0 o 'y �p DECLARAT OF SERVICE BY MAIL (C. C. P. 2015. (Must be a�;ed to original or true copy- &paper served I......:... HOMER B. SIDLOW ..............:.......................................... say:\' That I am a citizen of the United States, over 18 years of age; a resident'of.QO.nrrXa..QW.ta......................... County. mid not: a p.lrtyjothu within action. That,declarant's businoss address is................................a,2.. r egory....�F�X1�.m.;.Pa.�',r1�1�� CA 94523 . ..............................................:............................................................................................................ .............................................. . That I served a true"copy of the attached........Application for, leave,,,to,,,file.. claim .pursuant to, s�. . . .un...Q��,...4...Gov'.t...Gode...and.... ................................ by placing said copy in in envelope addu%sed to......... ......................... Administration Building ....................... ................................. ..... . .......Nlartirie ,. .Ca�if orriia"9 .................... ... athis office (residence) address.................................................................................................................................................. .........................................................................................................:.................................................................:....................I......... which envelope was then sealed and postage fully preepaidtheroo}n, ajn�d{ theroafter was on...J.L3.T e...14........x.9.7.0..... . I�............... lllli)i1(tlt,tlli III Llln lillit,tt(I iit.11ttltl 1111111 Ilt..ft. r�i. 4�. N.u,iht} .�.,u.rruri..... urrrrrraur rilll�flgNlil:r r�'�Iitl, tfljt(fj isdelivery service by United States mail at tho place so addressed, or rogular.communication by Uniu.d Seams wail between the place of mailing and the place so addressed. I declare under penalty of perjury that the foregoing is true and correct. } June 14197Q...... at Pleasant 11 California. Executed on.................. .......................... t �n �Ci : :. ., .. 'SIO BR...g....�'�U�� . .. HAN NA AND MORTON BYRON C.HANNA 1887-1951) LAWYERS HAROLD C.MORTON CHESTER F. DOLLEY JOHN H.BLAKE CABLE ADDRESS "HANMOR" DAVID A.THOMAS 1126 PACIFIC MUTUAL BUILDING EDWARD S. RENWICK - WILLIAM N.GREENE 523 WEST SIXTH STREET BELA G.LUGOSI LOS ANGELES,CALIFORNIA 90014 KENNETH R.HODGES - DOUGLAS P.GRIM MADISON 8-7131 JAMES PAUL LOWER June 4 , 1970 Miss Aileen Eloer JUN W 1970 Deputy Clerk for. County Board W. T. P A A S C H of Supervisors in Martinez CLERK O RA CF T PCOVtSOR$ Court and Main Street. By „ , , ,,.,, , . „ ., Deputy Richmond, Contra Costa California Dear Miss Eloer: I am returning the original Summons of Case No . R-18432 , filed on May 28 , 1970 . The Proof of Service has already been completed. Enclosed you will also find a xerox copy of this Summons , please stamp it and return it to our office in the attached envelope . Very truly yours , . JAMES PAUL LOWER nmv Encl. A o s P4 In the Board of Supervisors of Contra Costa County, State of California June 16 19,_7� In the Matter of Approving settlement in Butler-Conti v. Contra Costa County, Marshal Davis , et . al . The County Counsel having reported to the Board that a tentative settlement has been agreed to in a suit brought by Butler-Conti Dodge 'again.st Contra Costa County, Marshal Davis 4Walnut Creek Municipal Court ) , Knox & Herron and Harry Shorman for storage fees ($1 ,200 ) arising out of the attachment and storage of various parts of an Indianapolis race car by Marshal Davis at the 'direction of Knox & Herron, which was acting on behalf of .its client Harry Shorman; and The. County Counsel advising that the settlement is for $1,000 , • . of. which $500 is to be .paid by the . County and the remaining $500 is to be paid by Harry Shorman; and It being in •the best interests .of the `County to enter into said settlement, IT IS BY THE BOARD ORDERED that the settlement is approved and IT IS FURTHER. ORDERED that the County Auditor- controller, at the direction of the County ,Counsel, . draw a County Warrant in the amount of $500 . payable to. Butler-Conti . The foregoing order was passed by the following vote : AYES : Supervisors J . P. Kenny, A. M. ' Dias , J . E . Moriarty, E. A. Linscheid, T. J . Coll NOES : None : ABSENT: None cc County Counsel Auditor-Controller County Administrator Marshal Davis WWW:mh I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors ` �� affixed thisA�_/,, day of 19 Z -W. T. PAASCH, Clerk By �.� ,) �'��/ , Deputy Clerk H 24-5/69-10M June 5$ 1970 $( J, P. McBrien, County Administrator Attn:, Z. J. McGraw John B. Clausen, County Counsel By: William W. Ward, Deputy County Counsel Butler--Conti v.- ContrA Costa County,` Davis , et al. ,j#:C '8,474 i , Pollowing, a discussion-with Terrence McGraw of your office, this office has entered into a settlement of the above-entitled ease with the other parties to the action. The case was settled for' $1,000. The terms .of the settlement require . the County - to-contribute $500 and the other defendant (Harry Shorman) to contribute $500. Marshal Davis• knows of the terms of the . settlement. " .. `Would , you please have the Board of Supervisors adopt am order authorizing the settlement and authorizing a .$500. payment_ to Butler-!Conti at the direction of this. office. x + _WWW[! !Mie \ Y f co Marshall William Ha . Davis . Walnut 'Creek Danville Judioial ,Dstriet 3 f , t t . x T f. �,�� t 2 • 1 3 � Y t ' - 1 r .;..( ?E:i...{.'•at.Yt..-d-1+,=+:.a.....t}..:..Y.:Sr..aL?�:c:Sr�+(3...?,.`1'FikXi# i, z C !� y . s�++s..•.Xi..:..t.n-r:......,wS.. LatrS.,�,�.F.ywao..,o-x:«-..l.jkrca.n..ri......,.:J.La,.rr,a k fid._ .. �, y . w APPLICATION FOR LEAVE TO FILE LATE CLAIM AND CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : L. C. Mackey Address : 204 Alamo, Richmond, California Attorney : Ryan & Pisor Attention& Thomas Michael Ryan 680 Beach Street, Suite 324, San Francisco, California 94109 Amount : $25;000 Date Filed : June 9 1970 By delivery to Clerk XX By mail , postmarked I . FROM : Clerk of Board of Supervisors TO : County -Counsel ' s Office Attached is a copy of the above claim . Is it sufficient and does it comply substantially with Government Code Sections 910 and 910 . 2? DATED : June 9;. '1970 W . T . PAASCH , By Bar ra Kemp; Deputy II . FROM : County Counsel ' s Office TO : Clerk of Board of Supervisors See memo dated June 8. 1970 from County Counsel attachedd hereto. Above claim complies substantially with Government Code Sections 910 and 910 . 2 . Above claim FAILS to comply substantially with said Sections : . ( ) Board may not act on claim .until 15 days after notice is given by this office ; ( ) Do not file claim , time limits have expired . We recommend referral to : ( ) County ' s general insurance carrier ; ( ) Other insurance carrier ; ( ) County Counsel . DATED : 4 _ JOHN B . CLAUSEN , By s �Zc2 �/ Deputy III . FROM : Clerk of Board of Supervisors T0: (1 ) Public Works Department,_ Attention -Business & Services . Manager �\ (2 ) County Counsel ' s Office application for, leave to file late Attached are copies of above/claim which was REJECTED by the Board of Supervisors on June 16, 1970 (copy of Board Order also attached ) . Please forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on June ITA 1970 , and memo thereof filed and endorsed on claim, per Government Cao/dee Se ion 9703 . DATED : June 1'90 1970 W . T . PAASCH , Bye'" �� Deputy IV . FROM : (1 ) Public Works Department (2 ) County Counsel ' s Office TO : Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order , and forwarding endorsement III . DATED : June 1$, 1970_ Public Works ,. By ),5, !_. DATED : June 13, 1970 County Counsel , By ��.. -p"u t June 17, 1970 Thomas Michael Ryan Attorney at Law 680 Beach Street, Suite 324 San Francisco, California Dear Mr. Ryan: Enclosed is a certified copy of a Board order of June 160 1970, denying the claim of L. C. Mackey. This claim was filed with the Board of Supervisors on June 9, 1970, having been routed to this office through the offices of the Probation Department and County Counsel. Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk dl Enclosures In the Board of Supervisors . of . Contra Costa County, State of California June 16 19,LO In the Matter of Application for Leave to File. Late Claim.. An application for leave to file a late claim addressed to the Contra Costa County Probation Department and received by , them on May 20, 1970 was filed with this Board on June 9, 1970, said claim being from the law firm of Ryan & Pisor, '680 Beach Street, Suite 324, San Francisco, California on behalf of L. C. Mackey, 204 Alamo, Richmond, California; NOW, THEREFORE, on motion of Supervisor. A. M. Dias, seconded by Supervisor J. :P: Kenny, BE IT BY THIS BOARD ORDERED that said application for leave to file late claim is hereby DENIED o The foregoing order_ was passed by the following vote. of the Board: AYES: Supervisors J. P. .Kenny, A . M. Dias, J. E. Moriarty., A. Linscheid, T. J. Coll. NOES: None. ABSENT: None. hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Claimant Supervisors Administrator affixed this 16th day of June , 19 7-0- Public 'Works .(3) = W. T. PAASCN, Clerk Attention Mr. Broatch County Counsel BY _ Deputy Clerk Probation Department Doro y Lazzarini H 24 12/69- 10M COUNTY COUNSEL'S OFFICE Contra Costa County Martinez, Calif. Date : June 8, 1970 To W. T. Paasch, Clerk .of the Board of Supervisors Attn: Geraldine Russell, Assistant Clerk From,: John B. Clausen, County Counsel By Silvano Marchesi , Deputy County Counsel Re: Claim Against Conga Costa County by L. C. Mackey Attached you will find -Application For Leave To File Late Claim and Claim Against The County of Contra Costa and Contra Costa Probation Department mailed to the latter department . This office recommends that said Application For Leave To File Late Claim be denied. SM:ak cc : John A. Davis Probation Officer C IVE� W. T. PAASCH CLERK BOARD OF SUPERVISORS • `C NTRA OSTA CO. Deputy PROBATION DEPARTMENT CONTRA COSTA COUNTY COUNTY ADMINISTRATION BUILDING - P.O. BOX 791 MARTINEZ, CALIFORNIA 94553 - PHONE 228-3000 To: John B. Clausen Dane: May 21 , 1970 ;Ca ty Counsel Co A From: J o A. Davis Subject: C 1 a i m against Contra Costa Coun ty�, - -- — -unty Probation Officer By L.C:–Mackey- -� Attached are legaldocuments pertaining to a claim against the Probation Department and the County. It is requested that your office assign\an attorney to represent the Probation Departmentand the County in this . matter. Our staff will be available at your convenience to discussItheir knowledge of the case with you. Within the next few days you wihh: receive written accounts of the incident by members of our staff who witnessed the accidentwho talked with Mr. Mackey shortly after the incident occurred. . i • JAD:dkd Attachments PROBATION DEPARTMENT • CONTRA COSTA COUNTY COUNTY ADMINISTRATION BUILDING - - P.O. BOX 791 MARTINEZ, CALIFORNIA 94553 " PHONE 228.3000 To: John B. Clausen Dote: May 22, 1970 County Counsel JCL From: ohn A. Davis Subject: L. C. Mackey C 1 a i m County 'Probat i-on Officer +.. Attached are copies of reports -by Mr. Levin and Mr. Duncan on the Mackey incident. Mr. Duncan is, a Deputy Probation Officer and 'saw the accident. Mr. Levin, a supervisor, talked with Mr. Mackey shortly after the accident occurred. JAD:dkd Attachments CONTRA COSTA COUNTY "} PROBATION. DEPARTMENT 'INTER—OFFI W COMMUNICATION ' Dates TO:. O: FROM: SUBJs A.4 3 6 00, o f� J I20 2000 1/70 Ile .t A., +d! t + �h+ P„� �• y ..`�, tai . ,' i. O%Tl1N Y1�.. nQt�1� �aflr( eh���, h � p1�ca b�fi� 000 ©t absJQ �A AA , Ott Q Yt4f , i ,moi.+,.!8�1y,� �,�.5.3+ ak:`�."-�Y�'`��": L"trf�'p'Sc*�,.>,�,.Si+..�#.�%};Ct�'hd''At h�kSni�;�,+aeyyt4i1�r�k''a•w,l�'fY..ik'.Ci*3ns�.w�d"aw�L`4�X;�' 'uni w bv.�.cf *++t£':�`.:_ ".ks.:w.++3�'w.�1»•:s:.a''.�.-.9..n.t:.r.ti j«'.��..... a RYAN & PISOR THOMAS MICHAEL RYAN ATTORNEYS AT LAW of COUNSEL ELLIOTT M. PISOR 680 BEACH STREET. SUITE 324 HECTOR N. ORTIZ SAN FRANCISCO. CALIFORNIA 94109 TELEPHONE (415) 673-2300 May 15► 1970 D RVE DD 1970 MARTINEZ PROBATION OFFICE Contra Costa County Probation Dept. CONTRA COSTS, GO., CALIF. County Courthouse Martinez; Calif. Rea Mackey v, County of Contra Costa, et al. Dear airs , Please find enclosed Application For Leave To File Late Claim and Claim Against The County of Contra Costa, Contra Costa Probation Department] in the above matter. Yours-.v6ky t � ly, ELLIOTT M. PISOR ad enclosures IL RETURNIED RECEIPT REQUESTED RECEIV 111)� J U N 9 1970 W. T. PAASCH CLERK BOARD OF SUPERVISORS "CONT, A CO TA CO. BY I RYAN & PISOR 680 Beach St., Suite324 rj!U D 2 San Francisco, Ca. ,94109 673-2300 - 9 - 1970 i 3 Attorneys for Claimant CLC^Bo RD T. F SUPER SORS 4 P! RA V O 13Y I Rs�f�t� 5 In the Klatt er . o f L. •C. Mackey 6 vs I 7 County of Contra Costa, Contra Costa Probation Department 8 APPLICATION TO THE COUNTY OF CONTRA COSTA. FOR LEAVE TO FILE LATE CLAIM 9 UNDER SECTION 911 .4 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA 10 I 11 Application is hereby made to present a late claim in 12 the above mentioned matter, Said application is based on See- 13 tion 911 .4 of the Government Code, State of California. Said i I 14 Section provides for the filing of late claim if said filing of 15 claim is due to mistake, inadvertence, surprise or excusable , 16 neglect, and -the public entity has not been prejudiced by the j 17 failure to present the claim within the time specified in Section 18 911 .2 of the Government Code, State of California. In the 19 instant case, due to the fact that there had been a change in 20 secretarial staff, and due to the fact that the office was en- 21 gaged in lengthy litigation, the time for filing said claim under ` 22 Section 911 .2 of the Government Code elapsed, and said excusable f 23 neglect, when realized, was promptly rectified by making this 24 application under Section 911 .4 of the Government Code. i 25 WHEREFORE, application is hereupon made for the filing 26 of a late claim, 27 Dateds May , 1970. j 28 29 ,Attorney for Claimant 30 i 31 i 32 • � I , i THOMAS MICHAEL RYAN liI ATTORNEY.AT LAW ' SEC BEACH ST., SHITE 324 SAN IrRANCISCO 94109 673-2300 i I __1 w i I 1 RYAN & PISOR 680 Beaeh, St; , Suite 324 2 San Francisco; Ca: 94109 I L E 673-2300 3 M 9 — 1970 Attorneys for Claimant W. T. PAASCli 4 CLE FK BOA D OF SUPERVISORS N RAC A BY _. Deputy 5 In the Matter of L: C Mackey 6 vs: 7 County of Contra Costa, 8 Contra Costa .Probation' Department � CLAIM AGAINST THE COUNTY OF CONTRA, COSTA 9 AND CONTRA COSTA COUilTy PROBATION DEPART14ENT 10 CLAIMANT'S NAMES L. C. Mackey f 11 CLAI14ANTIS ADDRESSs 204 Alamo, Richmond$ Ca. ; Telephone s23.3-7456 i 12 AMOUNT OF CLAIM: 925000- 13 325,000.13 ADDRESS TO WHICH NOTICES ARE TO BE SENTs Thomas Michael Ryan, Attorney at Law 14 680 Beach St.,, Suite 3241 San Francisco, Ca. 941091 15 16 DATE OF ACCIDE'N"T.'s 9/.29/69 � LOCATION OF-ACCID:ENTs Office of -the Probation Department at 17 18 109?2 San Pablo Aire. , San Pablo, Ca. 1 19 HOW DID ACCIDENT OCCURS Claimant who was sitting in a room and talking with his son, and when he got up ,to leave, the table 20 ahead of him collapsed hitting him and throwing him back in the 21 22 door. r 23 DESCRIBE INJURIES: Injury to lower part of the back, and aggral- J vation of ulcer condition. 24 25I NAME OF PUBLIC EYIPLOYEE CAUSING INJURY OR DAMAGE, IF KNOWNs Unknown. 1 26 ITEMIZATION OF CLAIMS Medical and doctor bills Unknown 27 28 Pain and suffering Unknown 29 Loss of wages nkno 30 Signed by and on behalf of claimants ' G L `' ` < 31 Attorney for Clalmqht 32 I i THOMAS MICHAEL RYAN ATTORNEY,AT LAW 6SO BEACH ST., SUITE 324 SAN FRANCISCO 94109 f 673-2300 Ii I s CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : Willie H. McCoy Address : 234 East Sixth Street, Pittsburg, Ca . Attorney : H. W. Sherbourne of Marcus & Ury, Inc. , 70 Doray Drive, Pleasant Hill, Ca . Amount : $100, 000 Date Filed : 'June 4. 1970 By delivery to Clerk By mail , postmarked ( certified mail I '. ROM : Clerk of Board of Supervisors T0 : County Counsel ' s Office Attached is a copy of the above claim . Is it suffi6ie'nt and does it comply substantially with Government Code ec ion 0 nd 910 . 2? DATED : June 4, 1970 W . T . PAASCH , By Dorot azz Deputy II . FROM : County Counsel ' s Office 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 : ( >C ) County ' s general insurance carrier ; ( ) Other insurance carrier ; ( ) County Counsel . DATED : . June 16, 1970 JOHN B . CLAUSEN , By Deputy III . FROM : Clerk of Board of Supervisors TO : (1 ) Public Works Department, Attention Business & Services Manager (2 ) County Counsel ' s Office Attached are copies of above claim which was REJECTED by the Board of Supervisors on June 16, 1970 (copy of. Board Order also attached ) . Please forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on �j3nP 16, 1970 and memo thereof filed and endorsed on claim, per Government Code Section 29 3 . DATED : 1i�rig 1F�Tn W . T . PAASCH , By Dr. Deputy IV . FROM: (1 ) Public Works Department (2 ) County Counsel ' s Office TO : Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order , and forwarding endorsement III . DATED : June 16, 1970 Public Works , By DATED : June 16, 1970 County Counsel , ByJL eputy June 16, 1970 H. W. .Sherbourne, Attorney Marcus & Ury, Inc. 70 Doray Drive Pleasant Hill, California Dear Mr. Sherbou'rne'o Enclosed is a certified copy of an order of the Beard of Supervisors of June 16, 1970 denying the claim which was filed in this office on June 4, 1970 on behalf of your client, Willie H. McCoy. Very truly yours, W. T. PAA S CH, CLERK By. Dorothy Lazzarini Deputy Clerk dl Enclosure IN THE BOARD . OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF. CALIFORNIA June 16 ' , 1970 In the Matter of ) Claim for Damages . } Wi11ie .R.. McCoy, P-34 East Sixth Street, Pittsburg, Calif ornia by and through his attorney, H. W. Sherbou.rne of Marcus Ury, Inc., 70 Doray Drive, pleasant Hill, California having filed with this Board on June 4 , 1970 , claim for damages in the amount of $100,000 NOW, THEREFORE, on motion of Supervisor. A. M. Dias 9 seconded by Supervisor J,. P. Kenny , IT IS BY THE BOARD ORDERED that said claim is hereby DENIED: The foregoing order was passed by the following vote of the Board: AYES : Supervisors J.- P. Kenny., A. M. pias, J. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES : None. ABSENT : None* I HEREBY CERTIFY .that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 16th day of June , 1970 . W. T. PAASCH, CLERK By. Dorothy La.zzari i Deputy Clerk cc : Claimant Administrator Public Works (3) Attention Mr. Broatch County Counsel Sheriff Form #8 70-3-500 1 H. W. SHERBOURNE' _ Marcus & Ury, Inc ., 2 Attorneys at Law 70 Dora.y Drive 3 Pleasant Hill, California 94523 Telephone : 682-1721 -� JU 19.10 - 4 f _P1 - 5 Attorneys for Claimant OLMiK AGAF16169 allPIR"WOM 1 w 6 --00000-- 8 CLAIM. OF ) 9 WILLIE H. McCOY, ) 10 Claimant,. ) CLAIM FOR DAMAGES FOR ASSAULT , BATTERY AND 11 _v_ ) FALSE IMPRISONMENT 12 THE COUNTY OF CONTRA COSTA., ) a political subdivision of 13 the State of California., ) SHERIFF, COUNTY OF CONTRA :14 COSTA, and DOES I through ) III, inclusive, 15 Respondents . ) 16 --00000-- 17 TO THE . BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, 18 STATE OF CALIFORNIA., AND TO THE SHERIFF OF THE COUNTY OF CONTRA. 19 COSTA., STATE. OF CALIFORNIA.. 20 YOU,:_ AND EACH OF YOU, PLEASE TAKE NOTICE that in compliance 21 with the provisions of Government Code §910 , WILLIE H. . McCOY, 22 whose address is 234 East Sixth Street, Pittsburg, California, 23 claims damages -from the County of Contra Costa, State of 24 California., and from the Sheriff of the County of Contra. Costa. 25- 1and DOES I,II."and III, employees of said County of Contra Costa, 26 State of California., and of said Sheriff of the County of Contra 27 Costa., State of California., whose true names are not presently 28 known to Claimant; in the amount computed as of the date of 29 the .presentation of this claim in the amount of FIFTY THOUSAND 30 DOLLARS ($50,000,100) , general damages and FIFTY THOUSAND DOLLARS 31 ($50,000.00) punitive da:ma.ges . 32 This claim is based upon injuries and damages sustained by • -1- LAW OFFICES MARCUS & URY, INC. - _ - •70 DORAY•DRIVE - pE LASAN7,HILL, CA 94523 TELEPHONE(415)'682-1721 1. cIa. ma.nt on or about May 10 , .-1970 , when claimant was assaulted 2 and injured and fa,.lsely imprisoned by said Respondents, and each'. 3 of thein. 4 The amounts claimed as aforesaid are : DAMAGES . INCURRED TO DATE : $ Hospital an:d medical care $unknown' at this time, still under 7 treatment 8 General Damages $50 ,000.00 9 Punitive Damages $50 ,000:00 '_10 ESTIMATED -PROSPECTIVE DAMAGES 11 ..Medical and Hospital Care - $ unknown 12 Future General Damages $50,0W.00; 13 Future Punitive Da.ma.ges $.50 ,000'.00 14 TOTAL AMOUNT. OF CLAIM AS OF THIS DATE :I5 'General Damages $5020001.00 16 Punitive Damages $50,000.00 17 All. notices • should be sent to claimant at 234 East,'_Sixth,_ - 18 Street, Pittsburg, California , and to his attorneys , H. W. SHER 19 BOURNE ' MARCUS & URY, INC . , 70 Doray Drive, Pleasant Hill, 20 Cdifornia 94523. :: ' 21 DATED: -June, 3 , . 1970 ^ 22 MA URY, 'I RCUS N A'tto s r . a'ma . 23 _ - 24 By . S BOURNE 25 26 27 28 a. _ 29 r 30 31 32 -2- LAW OFFICES . MARCUS & URY, INC. 70 DORAY,DRIVE ,PLEASANT,HILL-, CA 94523 - - -- - TELEPFIDNE(415).682-1721 In the Board of Supervisors of Contra_ Costa County, - State of 'California December 29 19,-10 In the Matter of Approval of recommended basis for settlement of litigation between American Smelting and Refining Company and County of Contra Costa, Actions Nos . 102413 107579, 112405 and 11'7580 Upon the recommendation of .the County C.oun6el, ,the Auditor- Controller, and the Assessor: IT IS ORDERED That the recommended basis for settlement of litigation between the. County of Contra Costa ,and .the American Smelting and Refining Company, comprising Superior Court Actions Nos . 102413, 107579 , 112405 and 117580, contained - in the attached letter dated December 29 , 1970 , from the County Counsel to Valentine Brookes ,. Esq . , be, and the same is hereby approved; and the County, Counsel is authorized to enter 'into any stipulations in the mentioned actions necessary to carry out - such settlement hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. . cc: County Counsel Witness my hand and the Seal of the Board of Auditor-Controller Supervisors Assessor affixed this 29th day of December , 1970 American Smelting and W. T. PAASCH, Clerk Refining Companyb County Administrator By Deputy Clerk DorAiy La arini AWW:mk H 24-5/69-i0M ". DEPUTIES: PAUL W. BAKER OFFICE OF COUNTY COUNSEL MICHAEL D. FARR o, �! • _SAUL FISHMAN - ;-}. }- ��� CONTRA COSTA COUNTY (^ a - HOWARD T. GONSALVES EDWARD V. LANE JR. fp1" COURT HOUSE, TOP FLOOR - SILVANO MARCHESI ARTHUR W. WALENTA JR. JOHN B. CLAUSEN P.O. eox 69 WILLIAM W, WARD III COUNSEL ' MARTINEZ, CALIFORNIA 94553 VICTOR J. WESTMAN GEORGE W: MCCLURE PHONE: (415) 228.3000 CHIEF DEPUTY December 29, 1970 Valentine Brookes , .Esq . 1600- International Building 601 California Street San Francisco, California 94108 Re : . ,American Smelting and Refining Company v. County of Contra Costa, Superior Court Actions Nos . 102413, 107579, 112405 and 117580" Dear Mr. Brookes : This -letter comprises a recommended basis for settlement of the abovementioned litigation subject to the entry of final judgments in the enumerated actions; and is based on our letter dated November 24, 1970 and correspondence from your office dated December 2, 1970, December 3, 1970, and December 4 , 1970 . It is understood that prior to. March 1, 1971, American Smelting will further petition the United States Supreme Court for re- hearing of its .appeal from the decision of the Ca.lifornia' District Court of Appeal in Action No. 102413 (U .S . Supreme Court number 656, October Term, 1969) , and that any agreement or undertaking between American Smelting and the County shall be 'voidable at the option of either party in t,he, ,e.vent that a petition for rehearing of the case is granted by the United States Supreme Court . It is further understood that ..any proposal contained herein is 'subject to the approval of the Contra Costa .County Board of Supervisors and the American Smelting and Refining Company . 1. It is mutually agreed that certain taxes were unlawfully .levied by the County',of Contra Costa on exempt property of American Smelting. as. follows : -l- ' Valentine Brookes , Esq . December 29, 1970 A. Silver appropriated for re-export : Lien Date Tax March 2, 1964 . $ 2,938 .94 March 1, 1965. 8,594 .45 March 7, 1966 1,070 .49 March 6, 1967 12,287 . 34 March 1, 1968 13,232.66 March 1, 1969 32,726 .77 ' B. Gold appropriated for re-export : March 6, 1967 $ 2,119 .18 March 1, 1968 2,781.06 C . Toll Contracts for export : 1964, 1965 and 1966 $. 8,829 .95 March 6, 1967 1,927 .78 March 1, 1969 4 ,166 .76 Total $ 90,675 . 38 2 ' It is mutually agreed that as to the sum of $8 ,829 .95 based on 1964 , 1965, and 1966 toll contracts for export no payment on account of such tax has ever been made ,by American Smelting to the County of Contra Costa, but that the balance of such unlawfully levied taxes, to wit $81,845 . 43, was paid by American Smelting to the County in March,, 1970 . 3 . It is mutually agreed that from January 1, .1971, American Smelting is indebted to the County of Contra Costa in the sum of $187,774 . 32, comprising 6% simple interest on the following tax delinquincies : $412,674 .00 from 12/10/66 to 3/4/70 412,674 .00 from 4/10/67 to 3/4/70. 3/4/70 (12,603) 95,914 .00 from 12/10/67 to 3/18/70 (83,311). 95,914 .00 from 4/10/68 to 3/18/70 75,03.1.00 from 12/10/68 to 3/18/70 75,031.00 from 4/10/69 to. 3/18/70 119,291.00 from 12/10/69 to 3/18/70 -2- Valentine Brookes, Esq. December 29 , 1970 4 . It is mutually agreed that from January 1, 1971, the County .of .Contra Costa is indebted to American Smelting in the sum of $3,866 . 15, comprising 6% simple interest on the afore- said $81,845.43 in unlawfully levied taxes paid by American Smelting in March, 1970 . 5 . It is mutually agreed that American Smelting is further indebted to the Count-y. of Contra Costa in the sum of $1,573 .63 comprising the costs on appeal of the said County .in Action No. 102413. 6 . It is mutually agreed 'that the aforesaid sum of taxes unlawfully levied and paid, to wit : $81:,845 . 43, and the afore- said interest thereon, to wit : $3,866 .15, shall be set off against the aforesaid interest indebtedness on delinquent taxes , to wit : $187 ,774 . 32 and the ,aforesaid $1,573 .63 in costs leaving a balance of indebtedness due from the American Smelting and Refining Company to the County of Contra Costa in the sum of $103,636 . 37, which sum shall bear interest at the rate of 7% per annum, compounded, from January 1, 1971, until paid by American Smelting to the County of Contra Costa, which payment , with interest, shall be due on or before March 1, 1971. 7 . , It is mutually agreed that after payment of the afore- said indebtedness and final resolution of the aforesaid further petition for rehearing, American Smelting and the County will stipulate to consolidation of Actions Nos . 102413, 107579,. 112405 and 117580 and to ,judgment in accordance with .the decision ,of the District Court :of Appeal and the agreement between the parties, following,.which judgment the County will take 'all actions necessary to correct its tax and assessment' records . Very truly yours , John B. Clausen County Counsel 4. ARTHUR lu. WALLiiiSA. JR. By: Arthur W. Walenta, Jr. Deputy •County Counsel AWW:ed cc : , E. F. Wanaka, Assessor. 'H. D.. Funk, Auditor J. P. McBrien, County Administrator _3_ CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : ROBERTA ROBERTS Address : 3727 Fillmore .Street, Apt. .102, .San Francisco, CA. Attorney : J. C. Borgman, Attorney at Law, 3126 Buskirk Avenue, Walnut Creek, CA, Amount : $50,:000 Date Filed: By mail , postmarkedll- 0- 0 Certified Mail I . FROM : Clerk of Board of Supervisors TO : County Counsel ' s Office Attached is a copy of the above claim . Is it sufficient and does it comply substantially with Government Code Sections 91 and 910 . 2? DATED : December 1, 1970 W . T . PAASCH , By Doro y La rini. Deputy: II . FROM : County Counsel ' s Office 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 : (�C.) 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 ; ( ) County Counsel. DATED : 12-Z- 7D JOHN B . CLAUSEN , B Deputy III . FROM : Clerk of Board of Supervisors TO : (1 ) Public Works Department , Attention Business & Services Manager (2 ) County Counsel ' s Office Attached are copies of above claim which was REJECTED by the Board of Supervisors on December 22, 1970 (copy of Board Order also attached ) . ,Please forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on December 23, 1970, and memo thereof filed and endorsed on0aim, per Government Co� Sect 'on03 . P DATED : December 23, 1970 W . T . PAASCH , By Dorot L zz ' i Deputy IV . FROM : (1 ) Public Works Department (2 ) County Counsel ' s Office TO : Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order , and forwarding endorsement III . DATED : Dec. 2'3, 1970 Public Works , By T � Y� Y DATED.: Dec. 2 , 1970 County Counsel , By IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of ) Claim for Damages . ) barta �Ahrt-Ctgo 3??7 Pi,l_l-more. StrAet San PrnnO kic.o. 0sl1fornino brn-d ';4z-cu o.. her -nttorney, JC B ri -6 �t irk • 1'iirf3niz��� ��aln•:.ti; �.�€��k� Ga�,�.€'�r��ai� having filed with this Board on Deeainher 1 -9 19Z, claim for damages in the amount of $ 506006 ; NOW, THEREFORE, on motion of Supervisor il, `p. Kenna , seconded by Supervisor A, X. Dia: IT IS BY THE BOARD ORDERED that said claim is hereby DENIED. The foregoing order was passed by the following vote of the Board : AYES : 5upervi s arks T. P�.;t ef.n.y, A.;, Vt. bias. J. E. 11ox'-3:art,y, r,.. A,. LiiZsf:,f'ieid., T. J. Coll. NOES : None. ABSENT : NoT10,9 I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 22nd day of De cenber. ,." 19 0 • W. T . PAASCH, CLERK By !Dgoroth L - ziini . Deputy Clerk cc : Claimant Administrator Public Works (3) . Attention Mr. Broatch County Counsel , Form #8 70-3-500 December 23, 1970 J. C. Borgman, Attorney at Law 3126 Buskirk Avenue Walnut Creek, California 94596 Dear Pyr. Borgman: Enclosed is a certified copy of the Board's order of December 22, 1970, denying the claim of your client, Roberta Roberts. Very truly yours,, W. T. P.USCH, CLERK By Dorothy Lazzarini Deputy Clerk dl Enclosure NOTICE OF INSUFFICIENCY t To. Roberta Roberts c/o J. C. Borgman, Attorney at Law, 3126. Buskirk Avenue Walnut Creek, California Please Take Notice as follows: The claim you presented against 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. The claim fails to state a cause of action against the County of Contra Costa or any employee thereof. 2 . The claim was not presented within the time limits prescribed in California Government Code Section 911.2 . 3. The claim fails to state the name and post office address of the claimant . 4. The claim fails to state the post office address to which .the person presenting the claim desires notices to be sent . 5. The claim fails to state the date, place or other circum- stances of the" occurrence or transaction which gave rise to the claim ,asserted. 6. The claim fails to. state the name(s) of the public employee(s) causing the injury, damage , or loss , if known. 7. The claim fails to state the amount claimed as of the date of .presentation, the estimated amount of any prospective Injury, damage, or loss so far as known, or the basis of computation of the amount claimed.. 8. The, claim .is mot. signed by the claimant or by some person on his .behalf. • 9 . Other: JOHN B. CLAUSEN, County Counsel BY,J�.v Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. .§ 1012, 1013x, 2015 .5; Evid.C. §§641, 664) My business address is the County Counsel 's Office of Contra Costa County, County Court House, P. 0. Box 69, Martinez, California 94553 , and I am a citizen of the United States, over 18 years of age , employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of .Insufficiency by placing it in an envelope(s) addressed as shown "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: December 3,: 1970 , at Martinez, California. cc: Clerk of Board of Supervisors Public Works Department CC-33: 250: 7/70 (Notice of Insufficiency of Claim; Govt :C. §§910 , 910 .2 , 910. 43 910 .8) CIeAIi FOR PEKSONAt' 'INJURIES .-_.T0'.- . 'The' Board of., S'uper�i'scrs of 'the :`County- :of: Contra Costa , ;':•.. -Coritrol•Yer ::,of the•'.City., of baif'ayet•te S-tate Board of Cdntrol., . California ROB RTA Rb RTS 'hereby makes claim.agar ns t the: 'County . of Contra Costa, the City ofLafayette,.:-and the 'State of Cali- fornix, in' tl-ae �suw o x,50,000e and.•in support,',of'•said claim declaresas fol ows �. .- , 1. TI;Q i.rrjux s :described- herein occurred onAugust . ' •28, 197(7. . : 7 ::. . _ • • 'Said in'ux es occurred 'At`,or:near :the Cstjr of _ Eafayet- 'e';,.'Calaorna.a'.; oh loxaga. toad.: aexoss -from 6724oragaoad. 3.; ,.:'S aid- :ix j•urios .occurred -in the followingnaianer... Claimant wasta passenger in an automobile :driven•'by , one .Dick. Eric: Flood, on F�oraga Road, . on or .about'-August •.2 8; 19,70, when said -autornobile, .'.whle negotiating a' curve in saidroad, -` was caused to col11 e 'wa th:> the:; uti l� ty `pale` awned partly' or wholly b" Pacific: Gas ,& Electric: C6' any• (pole number '51-5) 4 SZ inaugaes o`ccizrrc d'`because .`said roadway` was- in. a dan'gero'us condition wlxicli created a, substantial atd unreason able ris of serious bodily in jury,.in that' 'the above public ei3tit?es, ,allowed said .uf:ilif�y'..pole.' owned by Pacific Gas &.', Electric 'Cox: anal/or others to '-b&� place& in `a po�5ition so. c16se to said" roadway a� a point ,'wr ere; it ,cu7rves. .�that. the car _the :'Claimant: was ri;diaag._in, struck, said`.pol e',Ziha caused •ini uritis claimant :has .suffered bere o ILED, . :?970 M, T. PAASCH CLRRK-BOARD OF SUPERVISORS ' 0 TRA COSTA CO..' . ®y �' Deputy ; 5;..:' Clafm xit is un aware. of :the ;namesof."the employees who caused said 'i.ri auris. 6 0 . As'_of phis - dad©, c]:a�.raant has already p'a .d. or A recurred `medical ,expenses;'in , the sumo $.4,.596.5.1, and ,has dost•."I ncoine in the sum o f $4 80 00 0 •C]aimant i s, a nform�:d and: k ei eves 'th'at O� '.6..w incur, .furt er ;nedfeal' sxpenses�, and :further ;loss of s4lary_ as a Brox mate ''re�suIt cif said inJurie .a Send "an'� rind al'1 notices arad communications r®warding- C y.�. .. .:f �:: '.�,; t ,.. -i ��>�• ,-t•+ ..,.:3 . .,;s -.-...> ., ._t .::.:_ ,. - 5, ..!.`: .....:v:a ... ..;., - -,. . tha.s .,claim to .7 C. , Borcmian, Attorney at ILaw, at •3126 Buskirk Avenue, Wala ut Cx.eel :; Califorri a� `te3.eph ne-:.,9'33--1600 . Roberta Ro :arts. 3.72.7 _Fallmore Stere t' AptG. 102 ,. - . .:;"San Fgaricsco ':Califorass.a: , .. ;;•. . wI .sa r-s :.v-s .,itc..:—,� �,.:'_"-•-�=r—^rf.".' r.y-'4 . t-n't' .-: J _.. _£;•i '.;,y;-�-- .;4,.'. I +,.<, .y _ _ - :. T k r 2 Z, the undersigned, hereby certify that I am a .citixen� ,of., :3' the United Stites�.' ove'r'the 'age ,of eighteen,;years 'and not a ., 4'. : party, to the,:'. iithn ;action; my business _address is 3126 iBus;kirk Avenu®, Walnut Creek, .Cs1 . ornia 94596, I sensed a true. copy of CLAIM FOR:PERSONAL° INJ1'URIES on. Tho Board of Supervisors '`of. :the .7 County of Contra Costa, Controller :of, the City, of Lafayette, ' and,..the State 2oi of. Control';; california,." by mas l,r by, placing a. copy in, each envelope,: s®alisig, 'fully prepaying-.postage thereon, .and -deposaLting ,said dnvelopp in the U. S.-,Mail at 11 Walnut Creek' ' Cal ifornna® on th® 3:0 'i day o'f Novemb er, ]970; :said`ehvdlopes:;wereaddressed­as follow 13 , Boar d of 'Supervisors 14 Ccuhty of Coaitra: Costa y y . 15 Martinez,. C.alifoicnia 16 - City of ,.Lafayette.. 975 Qaklaind .Street '. 17 - Lafayette Cali.forraia . Attention P �o R. 'Marra.ner '. t., 18 a , State .Hoard of Control p. 19 5acrai erica, "Csli,fornia 20 "I BETTE; '�ENTZEL, cert .iEy i ender genalty: of per jury -that. ♦, <.: i the: ' 21 goregoing _is true- and correct. . A. a $3 /H 3tte J. =.6dent eel 24 . - LAW OFFICES...OF - JOHNSON AND BORGMAN : •' r 3126,BUSKIRK'AVENUfi _ - 'WAI-NUT CREEK.CALIF.94E96 933•.1600. .. ,. \ W7 ter . 9 0 ° \ \ © / \4 { � - 6 wa& «% o0 o f oCD � U V � � 4 00 � 9 \ CONTRA COSTA COUNTY CLERK' S OFFICE -Inter - Office Memo Date:.. December 210 19703 To: Public Works - Attn: Mr. Broatch From: Clerk of the Board -, G. Russellp Assistant Clerk Subject: Claim for damages for $200 Attached is claim for damages in the amount of $200 received in this office this date. Is this a claim that you can handle pursuant to the p©li cy Outlined "in Board Order of February 21, f (copy attached). d1 attachment 1� a ' THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY BAY AREA 150 HAYES STREET • SAN FRANCISCO, CALIFORNIA 94102 t THOMAS J. CAHILL AREA CODE 415 399.2464 _ CHIEF SPECIAL AGENT Case No. B-040-438 December 16, 1970 CLAIM FOR DAMAGES. County Clerk Contra Costa County Martinez, California 94553, Dear Sir: On November 24, 1970, our underground cable was struck and damaged by a Backhoe operated by Homer .Olsen. This accident occurred at Livornia Road and Danville Highway, Alamo, California. It is our understanding that Homer Olsen . was working under contract to you placing water lines . The estimated cost of repairing our facilities is $200.. We are sending you this notice pursuant to Section 910 of the Government Code. Since we are not aware of the contractual relation- ship between you and Homer Olsen, we are also sending a copy of this letter to them. Please send notices to the above address, attention of Chief Special Agent. Yours truly, Chief Special Agent "t- . cc: Homer Olsen P. 0. Box 668 Danville, California 94526 I f • In the Board of Supervisors of Contra Costa County, State of California February 21 .. 196 In the Matter of Authorizing Road Comanissioner—Surveyor to process small property damage claiiaa against county. On motion. of Supervisor Dias, seconded by Supervisor Moriarty, IT IS BY TI BOARD CPJ)F= that t;ie County Road Co; nissiorcr-�Survoyor (Public t,'oi•ics Director) is AJTI10RIZ1]D to receive and process property dana;e clams against the County of Contra Costa for amounts below ,''p200, .provided that no payment on such claims shall be made by the county except on a court judgment or an Order of the. Board of Supervisors„ The foregoing order was passed by the following vote of the Boards AYES; Supervisors James P. Kenny, Alfred M. Dias, James E. Moriarty, Thomas John Coll, Ednund A. Linscheid. NOES: None. ABSENTi None. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the. date aforesaid. Witness my hand and the Seal of the Board of ccs Public ?-;orlcs (2) Supervisors AcLrAnistrator affixed this 21st day of F cbmin1 r , 1967 Auditor f W. T. PAASCH, Clark B l p Iy ez �, Deputy Clerk ki2"/66-10M Olive E. Still;;on a n/� In the Board of Supervisors of Contra Costa County, State of California December 15 19 ,_7-0 In the Matter of Providing Legal Defense; for H. .Donald Funk, County Auditor- Controller and F. .E. ,Emery, Director of Personnel® -f On motion of Supervisor A. .M. Dias, seconded by Super- visor E. A. Linscheid, IT IS BY THE BOARD ORDERED that the County shall provide legal defense for H. Donald Funk, Auditor-Controller, and F. E. Emery, Director of Personnel, in Superior Court Action No. .123035, "Royce High, on behalf of himself and all firemen em- ployed by the Contra Costa County Fire Protection District versus Contra Costa County Fire Protection District, et al:' in accordance with the provisions of Government Code Sections 825 and 995• The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E.. A. Linscheid, T. J. Coll. NOES:- None. ABSENT: None . hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: County Administrator Witness my hand and the Seal of the Board of County Counsel Supervisors County Auditor-Controller affixed this 15 th day of December , 19 -7a County Director of Personnel W. T. PAASCH, Clerk By Deputy Clerk Dorothy Lazzarini H 24 8/70 10M I r i A'�•DONALD FUNK DIVISION SUPERVISORS AUDITOR-CONTROLLER INTERNAL AUDIT AUDITOR-CONTROLLER OFFICE JOHN A. AYLARD DONALD L. BOUCHET ASSISTANT AUDITOR-CONTROLLER TAX AND SPECIAL CONTRA COSTA COUNTY DISTRICT ACCOUNTING SAM KIMOTO FINANCE BUILDING ACCOUNTING �) (✓ MARTINEZ, CALIFORNIA 94553 ROY D. MEEK PURCHASING PHONE (415) 228-3000 WALTER A. SEYDEN SYSTEMS December 10, 1970 ARTHUR T. STURGESS DATA PROCESSING GLEN TAYLOR RCIVT 1970 Board of Supervisors W. T. PAASCH Contra Costa County CLERK BOA5D OF SUPERVISORS +SAAAdministration Building By Coco. Martinez, California 94553 '� eauty Gentlemen: Request for Legal Defense I have been served with an Alternative Writ of Mandate in the case of Royce High, on behalf of himself and all firemen employed by the Contra Costa County Fire Protection District vs. Contra Costa County Fire Protection District, et al, No.- 123,035 . In accordance with Government Code Sections 825 and 995, I request the County of Contra Costa to provide for my defense in said action. Very truly yours, D D Auditor-Controller HDF:mp cc: County Counsel r CIVIL SERVICE DEPARTMENT CONTRA COSTA COUNTY Administration Building Martinez, California Date: December 11, 1970 TO: Board of Supervisors FROM ) E. Emery, Director of Personnel SUBJECT: Request for County Counsel Representation I have been named as one of the respondents in the matter: "Royce High, on behalf of himself and all firemen employed by-the Contra Costa County Fire Protection District entitled to the benefits of Labor Code Section 4850 for injuries sustained arising out of and in the course of employment resulting in disability on legal holidays, " vs "Contra Costa County Fire Protection District, F. Eric Emery, Contra Costa County Personnel Director and H. Donald Funk, Contra Costa County Auditor and Controller, Does I through Does X, inclusive". Request is made that you authorize the County Counsel to represent me in this matter. mg RECEIVED W. T. PAASCH CLERK BOARD OF SUPERVISORS RA COSTA CO. By _ Deputy ..1 y Ii .. w.�. f 1 1 , 41 I LE -I'D 2Attr4 at 1 TO �,�._ NOV 30 ,970 3 PP 1 1. lYliCalifornia W. T. PAASCN, Cau»fir Clark CONTRA COSTA COUNTY 4 FRED t+' OTT D';:... 5 At�-o ►s €or I*titioners 6 7 8 -99MUM COURT OF THE STATE OF CALIFORNIA 9 F 1 'THR COUNTY OF CONTRA COSTA 10 Mat : va bh ebalf of u =tr"aa�t `01-]L firemen 11 emp lard E +ut� C ) 3 CQSil4 . ; = 12 PM=T , No. , entitled to :fi* bmofitw a 13 of „e#t► 8ftvs ) z 48SQ for, �JWI M . a N 14stts.taf�utd W out of } o z ^ snd, isi f1� e ss of a ° n 15 est, t r4o"0104g in diem► lty _ 16,,,1 o. v 16 boLid. gs } m 8 _ = 17 '�riLt,#aia�ere, ) PETITIONF �.TtDTATIWl3 = Q 18 Ve• WRIT 1 €OW& N a IL 19 C��:G . TTY FUU9 ) (A Claes Action) � 20 UIC 1 to OBTA ) 'DIRMTOR a 21 .' g, ) C06TA .0 41xTOR AND 22 tbs�' 'D ,. j' i s lu sive, ) 23 �sap� tEe. 24 25 CQ #i NOW-9 tba Petitioners named herein, ell of whom 26 are fizvnes egployed by the CONTRA COSTA COIF FIRS PROTSCTION 27 DISTUCT lad entitled to the benefits of Labor Code Section 4850 28 and 0 titions .1rhe Ranorable Court for the issuance of an alter- 29 ativo grit. 44 :1ftadste directed to the Respondents for the causes 30 aw on the grounds named herein as follows: Y 3I I 32 Theltrvq names or capacities, whether individual, corm - :,[`E,nY.x�At!�a� a�Lli ..T.#c'4bPAR{'.Ynw: ..-.i .. • .,s a:'4':r ,.. , l p0l ta fai!' j so of Responde n is aaa d herein. as I 2 throlnu ,DOW x a" unknown to retixion rs who, therefore, name 3 "JA as +ts by such fictitious names and Petitioners will 4 smandC adsPetition to show tkw true .names or capacities when 5 the sa" have lbeen ascertained..a 6 II 7 Petitioner, ROVCE HIGiS sustained, industrial injuries 8 on dolt 200 L%90 and February L9, 1968, ariaing out of and 9 is the a # ► of Me employment with the Respondent, COWMA 10 COSTA COUNTY rM19 :T OIn CTION DISTRICT U � 11 III a 12 lbat 18L connection with the, industrial injury of Feb- N 13 ruary 9. 1968, 'Potitionear, ROYCE HIGH, was teily totally W N z v < ; 14 disabled leder tihs period. Jun® 9, L968,. through July 29, 1968, and O Z n M o - = a 0 ® 15 amain co if January 28, 1969, through April 6, 1969. oYn � 'm oz � � 16 IV a o J z g Om o = a 17 2hnt with respect to the industrial injury of August a 18 20, X%9,' PartitLonor 1Rf3m HIGH, was temporarily totally die m d' a 19 ab' treom work, as a result of the said injury for the period 20 Octabor n, 1969, through January 11, 1970, and than again cam- 21 Novi g Jap e.. 15. 1970, to elate and continues to be tempo- 22 rarily dis bl i as a result of the said industrial injury. 23 P 24 feat at all time herein mentioned, Petitioners were 25 mestere of the. COMA COSTA COUbTY LM ' RMRMGNT SYST i. 26 VI 27 That in connection with and as a revolt ofthe injurie 28sitf oteumeea time � at d, t aland the Petitioners herein were en 29 titled to liews .ot absence without lass of salary in lieu of 30 4W—y disability .psy°ments while disabled from work as a re 31 cult of is sages arising out of and in the course of empLoyment 32 by Petitioners with the Respondent, C malLA COSTA COUNTY FIRE ® 2 - 4 ' e.'-: .:.4K+. ._Y+tew' -'!a...4 N•ti-.._..vt'bMT .._r.4...--5_ .,.. r 14i0*CT1W:MVM1CTq under the provisions of Labor Code Section 2 3 Vil 4 'that as part of Petitioners full salary, Petitioners 5 WO"', sutiSL�d Ito be paid for lege 'hali.days which occurred duer 6 Ing the porft&I they were not able to ;nor as a result of the 7 , itq Wood arising out of and the courser of 8 tboit ►int with the C . M CCSTA COUNTY FIM PRO ON 10 VIII U Z 1.1 last demand has been, awe by the Petitioners for pay- J 12 =Mts o9. the :ba:i3daay pay for the holidays which occurred during e . N . . 13 the IAds *WLLe Petitioners herein were disabled and that the W a Z ^ 14 said belid4y pity bless not been paid to the Petitioners herein by 10: _ 0 m 15 theRs�pltl. � Izi 16 ' 3 � oz m° = a 17 Tit w1� reapetc t to the Pe ti tioner�r, R0= jUGH, the cc W J N a 18 boudors .Mt ick below occurred during the periods of dis- a IL 19 ability tow wi Injuries which he sustained which are described 20 La- PM agt I7: supra and during the periods which be was un- 21 able to waebe ail a result of the said injuries described In Para- 22 graph YSI suint= July 4, 1968 and 1970; January 10, 1970; Jasn- 23 ary 22, 1970; 1"Tuasy 12, 1969 and 1970; May 30, L970; Labor 24 fty 197A, September 9, 1970, Admission uty; October 12, 1969 and 25 1970; US Day L%9; November LL, L969 'and 1970; Decem" - 26 ber 25s, 1969'; Ane 28 1970, and Mmember 6, 1970. 27 $ 28 POIOUJAaws here exhausted their iastsatt" 29 r disc aNl�d'bm'Ne ego plain or speedy reedy in then ordinary 30 cones'aeo of lace for payment to them of the holiday pay except by 31 this ftt tlm. 32 -,.- 3 1 z Pe titianer brings this action on his swan behalf and 3 as a e lass sat ion as behalf of all f irom. employed by tho 4 CQMA COU C®Q'TY FIRR Pf6OT 11W DISTRICT who how sustaiaed 5 InjuriUm arising out of and in Lkb� c apse 'of- their employment 6 with the sale! PTU PROZECTXON DISTRICT while seers of the 7 CO1ffRA CO!'A► COOM OVUM= ' RETIREMN'T..SYSTIM and who while 8 disabled as a s+esult of the said injuries haw not been paid 9 boli day PW f lair 1s01 holidays which occurred an dates which . 10 they aeze disabled. This action presents a question of cep 0 11 interest to all. fiiNs=w Toyed by the CONTRA .COSTA COUNTY 12 FM PRO=M411 DISTRICT who were injured arising out of and in " 13 the col11�'+ a of tbaft ^'� 1 t and have not berme id holiday W W ! � a 14 par dl by Labor Code Section 4850 and who are so num- 0 z m W 4' N W> 9 No 15 er"a Ms to she Joinder imprac t o l ° YoJ 'm o i u ° 16 nUq Petitioner prays as follows: 3 o � o 3 m o = a 17 1. 7b&t an Alternative Writ of Mandate issue out of W N a } 18 and ss r the meal of this Honorable Court directly to the Res• . a W 19 p!endeara e. sting then to issue the holiday pay to which 20 Peetitisasrg, MCZ HXGR. is entitled and to all of the members of 21 his c lass, to +reit, firefirewn who have been injured arising out of 22 and In the c+omie of their employmnt and entitled to the bone-. 23 fits of labor Code Section 4850 who have not been paid hoLirday 24 ( pay 4WJA9 tiw p"i+eds they ars entitled to full salary under 25 the pry alaw -of Luber Code Section 4850. 26 I Z. That if the Respondents do not, do as command ed 27 above that they shear cause before this Court at a specified tires 2$ a" phi w1w they should not do so. 29 3. V%w such.ocher and further and prompt relief as to 30 ..,.,.,...«... 31 ..�.►......»� 32 ........��. 4 l' r,i." ".> ximalsw '"+Iia'im�sa�atfaaimsi. , ,y t,h:..^: 1*...- - - •N o"tl J; ,:'t3M+..+ldM4s,:... t: 1 i just proper in the prises. 2 t ` � ,�.� � ) g 1970. 3 MCUS, URY, S , KILBOURNE & 'HILI., INC. , 4 5 By.. MA1W=aCAS 6 Attorneys for Petitionere 7 8 1p fte: silted, declare under pwmlq of perjury: 9 that I boo wood fie fategaing Petition for Alterative Writ of 10 ate Mod 1N WW eaaett4Qus thereof that the same is true of U Z 11 OW ows 1t t ps and bee Lief, save and except for those matter's 12 stetter" f eta 'an m' ,informotion and bell of$ and as to thme W a 13 estuf ren, Y fill a them to be am. . v w z ; 14 / at pkasant gill, Califer ia, this ,,r drsY W X N 11 to 15 of 1974. o1a oza0 a 16 rc 3 � 0iW O o i 17 ® n = MW UM W a 18 , petit . a 19 tf6" Pt .g1'S AR3t�RII 20 a 21 , . tasada s) mus t be issued in 411 came whor4 . 22 them tot t ¢li#a o spy ody and adequate comedy, In the amt s:, 23nory ismoo of Zew. it must be issued up= the verified Ps►ti- 24 tie lft Of !b V*My beneflaially interested 25 E Coda $attitea► 4SSt3 a 26 If dtrs a #Illy .. . fireman of any fire district who 27 is a madw of the . .. or subject to the county em pLoyoes® ro- 28 oil ft4et t l rt all 11037 (Ch. 3, to ammuc.in& with See tion 31AS)$ 29 Pt. 3 fav« $„ 'rice 3$ B.C.)) is disabled, whether temporarily 30 � Ay ll by injury or iL lwas ari.sin$ out of and is the 31 t 0& 49tie0;, he abate become antitUd S regardless of 32 his posted of service within the city art county, to laaNe of .. g . . v:' ..,:....:.Ai .;f. ....,:..1h:le.."a.,fYlNs' •e-a+-•✓4��e� 3 ki.. i i J ss, disabled without .lass of salami, in It" og 2 iUtl► payents if my., which would be payable 3 Misr gMA Wit': for the period cif such disability bUt aat 4 bsa .- a Irears, or =ti 1 such ear tier date as be is v etiftd 5 an disability pens ion, ' 6 'is 22inion, Volume 51, bags 32. 7 iae 4850 provides tempora'' disability 8 Ol �a If fast easctain policemen and f iremim and is ifndepand_'. 9 Out ot the p r sifts of Sections 4630 and 4652. 10 of iea (1965)s 234 Cal. Ap. z 11 �d 1 3 12 i of Los les (19") 241, Cal, iAp.' • N 13 U "7 W v z ah 14 m" M 0o 15 03 Z < au 16 m 3Id 00 0 17 , x a 18 - a W 19 a 20 U ' 21 22 23 24 25 26 27 28 29 30 31 32 ,. 6 �ua�x..a+r+ ±r4,sr;�•t #r;� „., .'t::. w.:� �,:_-..:�::a, ter_ a. _, ��.,i.�r �^' ..�''�.�.s�.-..�'�. . _ , I MMU .. URY-s Sim , ULBOUMM & gi1LL0 INC. , 2 Atttye at Taw 7C� foray l6�'3,ve 3 Pleas Sat Sial, California 602-l?21 4 DEC 5 AtteMe s for Petitioners kv, t- PAAI\ci 6 1 8 SUPWOR Com£ V% �M JV CAL,IPMNIA 9 POR THE Com= ox-r' Ctlm"%A COST.4 10 SSS MIGH, an bei if of ) 0 himself and all firemen Z 11' a lovedy ttee CA 1 COSTA COMM S PQM _ 12 P11tOTSION Di VMICT ) No. L23,035 entitled m to the benefits `a N 13 of isbor Codlb Section j Z In 4950 for injuries 14 stun tainedarising out of ) z n and in the coarse of Y � o m 15 as +,l t resulting in ) o disability +� ;4egsl o z u `- 16 ho lid-aye 3 � 0Jz 10 o 1 = 17 Pet.L.ti+aners ) M n = a 4 18 4 W, 19 conm cosTA couxTy nRz ) IPRtJMCTIEIM VIVIMICT, F. 20 MIC gam' CQi .COSH ) U Coum ijUGM9L DIRWTCg g 21 and QMtA COSTA�C 1C�DIT&DMAW IMM CA ) Uf ���.� f lV 22 Ci l 1093 1 ) . Ji, iQe:lus ive, through 7 23 24 . . 25 TCS PmLit -or m S`TA'YS (W CALILFW.NI TO: 26 Contra Costa County Fire Protection District, F. Eric 27 fury, Cesatra Costa County Personae l W.reg.for and H. Dona Ld 28 Funk, Contra Coate County Auditor aaad Controiier, respondents. 29 1UR6t1 4, it appears by the verified, petition of ROYCB 30 HIGH that be is entitled to ''be paid for Lhe holidays of July 4, 31 1968 and 197E0; January LC, 07— , January 22, 1970; February 124 32 . 1969 and 1970; May .mss, L970; lAbor Day 197u. September 9, 19709 w L w j a . �.�.m� � :, ;�.>.�.. _.. _..„r ..:,�.�-• .tea •.�=, �. �; t I Admission ; October 129 L969 and 1970; Thanksgiving Day ;L969; 2 *ove dwr 1'1, 1969 and 1930; ` ec.eaf er 2.5, 1969; June 2, L9700 3 and fiber 6„ 1970, ,.and that. &.1i f i employed by C omtra 4 Costs County r1re Protection District whe are entitled to the 5 benefits of 1&55 CodIt Section 4850 for n d ies arising out of 6 and in the too-so of their euij lii me.n.t rejul.ting in disability 7 on Legal hollAoye are entitled ca Ie paid for Legal holidays 8 which WL du rIAS said time ane ' that you have failed and irefusedg 9 and continue to fail and refuse to make such payments of holiday 10 pay; sad U Z 11 WIMA89 it appears from said verified petition that j 12 petitioners berate no plain, speedy and adequate reedy at Law, 13 and that as alternative writ of mandate should issue. W N z a Q N 14 3" ►Ft , we doc d you,, iataaLy an receipt O 2 r m W n 0 m 15 of this wit, to make payment of the holiday Pay for the hoLi- c� Y o J m Z o a 16 days JwLy 4, 196$ and 1970; January 10, L970, January 22, 197th; ao J W g moi = 17 nbruary l2, 1969 and L970; May 30, 1970; Labor Day L970, Sept- F W N < f- 18 ember 9g L9700 Admission Day; October L2, L969 and 1970; dies'- a > a 19 giving Day L969; November L19 1969 A 1970; December 25, L969; 20 Jues 20 19700 and November 62, 1970, to ROYCE HIGH and to aLl U 21 firemen, a*Lsysad by the Contra Costa County Firo ,Protoctiom Bis- 22 triet entitled to the benefits of Labor Code Srectiou �L50 for 23 inj usrt" arising ng out of and in the course of their emp loymea; 24 for ay L*VL boUdays which occurred during said periods of 25 disabiLity, se that you shear cause beferre this Court in Depart- 26 •w 27 ...-....- 28 .rwiNMr. 29 ... 30 31 32 w....�.. w 2 1 5':>�l`'i'�s'cfi.fs.le....';...'-trt:t ...... 4ret. R_`n _ m _ �W�fW1• I Seat No 3 tboreof; at the Court House Court & Ward Streets, 2 Msrtimmo, California, on D"embe 28, L'9700 at 9:00 O'clock 3 A.M. VW l": hov not dMe so. 4 VIIIII 111111Ig the Honorable Josvp** . nserp Judge of the 5 Superior erioar Cowt of the Mate of Call...iforvia for the County of 6 Contr* Costa. 7 be W December 8 WALTFY, T. PAASCHv C I*rk 9 BY PIS ICC( cum 10 Putt` U z 11 12 13 : N W Q Z a N 14 Let the within Writ iss o z • -' >_ o m 15 Vote DsceW.►er 0 'Zi ' u ` 16 0 o wq�g . � Oo ~ z 17 x. z Irjwge 0 Mi uper or Mirt W Q F 18 N a W 19 20 U a 21 22 I 23 I 24 25 26 27 f 28 I 29 30 31 32 _ 3 .� - �I•, FILED iLil.D 4 ,HILL, INCC. , N 0 V 3 0 1970 2 lith at! Low 70 ft�'v+e W. T. MASON, Coun CM Fit kill, CaliforniaG82-17 1 CONTR , carry a ux�rx 4 �a ruu r rY 5 Attasra for Petitioners 6 7 8 SI RIOR COURT OF THE SITE OF CALIFORNIA 9 FOR TO COUNTY OF CONTRA COSTA 10 RMC9 ffiC. to babalf of } ci himeIf all f irepen z 11 j empl"edd b the C COSTA FII _ 12 PROTI=J KSIRZCT > No. 1 23 ;0 S to m entitW to tbe bens its N 1.3 of 'Labor C066Section ) W a) 4,850 for lajnties :3 < ; 14 su<stat"d aruing out of } m W M N and in the amore of -' ' 0 m 15 mt al in to IL> a n disabl t 116 } z � v a 16 halAoss } W Z) o = z 17 Petitioners, } ORDER FOR ii�tlT TO ISBUB W J N a F 18 !s• ) a aa 19 CONTRA COSTA COMM FIM ) 5 Tl OUT 940 F. 20 BRIC CANTRA COSTA ) U CC 'PY 4 L DIRWTOR 21 and H, au) Ft C WMA } C BA-00AM 22 COMOLLRg D(XS 1 . ) thr6uo jWM X. Inclusive. 23 . 24 �tUpoades. ) 25 The Petitioners having presented to this Court a veri_ 26 fled Petition for Alternative Writ of Mandate praying that a 27 Writ be issued directed to Respondants commanding them to issue 28 to Petitioners the holiday pay to which they are entitledp said; 29 holi"ye being July 41, 1968 and 1970: January 10, 1970, January 30 221, 1974; F* 121, 1969 and 1970; May 30, 1970; Labor Day 31 1970,. Septembc 9, .,1970, Admission Day1 October 120 1969 and 32 1970:; Th+ea►kegtvUg Day 1969; November 11, 1969 and 1970; Decem- .. 1 :5.��' ii➢^ba'.��a,'..,:. '1s*'�`�B�sia"'... 'x�Jeairs:e^ +. u _,. a t z s 1 ber.25,, I'M;. ;kAu* 2, 1970, and November 6, 1970. 2 `IT 18, I MBY ORDEM that an Alternative Writ of Rt- 3 d&#s Leoneout -of this C our t and c orw under. the Seal thereof 4 card g , p dente to issue to Petitioners the holiday Pay 5 to whic " axe entitled £or the days July 4, 1968 and 1970; 6 Jaaa cy s 197 January 22, 19701, February 12, 1969 and 1970;. 7 May 30g, 1970; lmbw Day 1970, September 9, 1970, Admission D".; 8 O tabor . °.* IA9 and 1970; Thanksgiving Davy 1969; November 11, 9 1969 aaW 1970-- December 25, 1969; dune 2, 1970, and November 10 6, 1970.0 or d" JA default, they show cause before this Court 11 in DIt an the 2��U day of ��ec�m be r j 12 1374, wt 9`:811a►'eleck A.M. , why they have not dme so by the cl N W v 13 rotten to" it. z It a ry 14 A of this Petition shall be served with said 0 Z _ M W N 4 ? 0 ® 15 Writ of He down. Way �: NOV Q h 16 ,. 1970. z mo = 1 17 W J z a F 18 N a AOSEPH GENSER W. 19 JUDO UP 91 20 U a 21 22 23 24 25 26 27 28 29 30 31 32 2 1 Cts , SI��BOtSiI�TB, KI .B 4'NILS;,, I1 . , 2 Att ►eys at Law 7 0 Decay wive 3 Pleasant Bill, California 682-.172,1 4 5 Attorn"s far Petitioners 6 7 8 SUFMI O t COURT OF THE STATE OF CA LIF ORN IA 9 FOR THE COUNTY OF CONTRA COSTA 10 ROYCE Ute, et al, ) U z 11 Petitioners, ) No. 123,035 12 vs ) e " 13 CCS COSTA CIIEIUN'IY FIRE ) Z PRt1TOCTIM D1WWCT0 a N 14 at al, ) NOTICE AND ACKLOWAGOW O Z t � > O o � - � ,� ^ 15 spadeat$, ) OF SSRVIGB V y. 9 J , 0Z � u W 16 o g O o J i 17 m x a TO: CWXU COSTA COUNTY FIRE. PROTECTION DISTRICT F. $RIC 81KRY., W z J C Gt3BTA COY PtRS01EL DIRECTOR and F1. D1ALD Ftl x a 18 COMMCOSTA COUNTY AUDITOR AND CONTROLLER, DOLS I through N a a D $,, Inclusive : 19 20 Thur writ is served pursuant to Section 415.30 of the v 21 Calif'era a Codle of Civil Procedure. Your failure to complete 22 this fogs and r*turn it to me within 20 days may subject you, 23 (opt the party an whose behalf you are being served) to liability 24 for the payawst of say expenses incurred in serving a grit an 25 you is any ot1wr manner permitted by law. 26 If you ace being served on behalf of a corporation, uain- 27 carporated a oociation (including a partnership) s, or other an- 28 tity, this fairs must be signed by you in the name of such entity 29 or by a persan authorised to receive service of process on be- 30 half of such entity. In all other cases, this fors. must be 31 signed by you personally or by ,a person authorized by you to 32 acknow ledSe receipt of writ. Section 415.30 provides that this WS @N•rr, , .. Yf•.. { i ` ml.h...M- v ., .....s;:`�susr•,.. ea;:. . �,� ._... 'rr ;k z 1x�4.�a�f' .,.:.. 1 writ is did served on the date you s iga the Acknow ledgmmt 2 of Receipt of Wit if you return -his fora to gee. 3 Dated: afte beer 99 1970. 4 MA Kt>S , 11RY, S HE"OURNE, RIL:s€?TYRNE 6, 11iLL, INC. ,, 5 6 By: 14AURICE 5. a 7 11 . Attorneys for Petitioners 8 9 PI` OF ALTERNATIVE WRIT ff 1idDAg 10 This ackamledges receipt on December , 1970, of L; Z 11 a copy dt the Petition for Alternative _Writ of Mandate, Order 12 for Writ, to Issue, Alternative Writ of Mandate and Certificate 13 of Hail Ag at tj w Court House, Court & Ward Streets, Martinez, w v Z Q N 14 California. n w x n o a 15 Dated:, Dece wbtx_ , 1970. z � u W 16 WALTER T. PAASCH, Clerk gO001 17 m By. fx n 0. = W x aF 18 Puy C rim � N Q' a � a 19 v g�OUR[�iT &,HI�EOoh behalf 20 of Petitioners , RAE HIGH, est al. U a 21 22 23 24 25 26 27 28 21 `I 30 31 32 2 �* 1�1[" r%y ';�_4'�.3` ,:.: -r..• �i �. 'f .r ia,�.��+c.e.�.c >.a:�-s;�°., .,.st.�:. ..�-c4..sw'U+.#�.:��.t�Yt9^".., , 1 NW.0 .. SB , JaLQiiW & .K11.L, INC. , 2 Attar" at � 70 , Drive 3 ?L"mi VILl, California 682-1121 4 5 Attorneys for Petitioners, 6 7 8 StPWOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF C(PrI -A COSTA 10 RME .HIM9 st al, ) U z 11 Petitioners,, } No. 123,035 1 12k• } Cd N 13 CORM .COM, COUNTY FIRE } W N �y�q��! �!a z PRO T101H i UTRICT., < ; 14 et al, , Pith .OF SERVICE BY MAIL 0 � � n 1013a, 2015.5 C.C.P. n : ° m 15 Raespond�ents, } � W > aa o'z.� W 16 � 0z g °m o = a 17 I an a citizen of the iiiited States and a resident of j Na 18 the comity of Contra.Costa. I .am over the age of eighteen years: a W 19 and not a party to the within above entitled action; my business 20 address is 70 Dotay Drive, Pleasant Rill, California. 21 On Pece ebeer 9, 1970, I served the within copies of the 22 Petition for Alttemative Writ of Mandate filed on November 30, 23 1970, Order for writ to issue filed on November 30, 1970, Alter- 24 native Writ of Htmdate filed on. December 4, 1970, and Notice and. 25 Acknowledguent of Service on the parties set forth below, by 26 placing a true copy thereof enclosed in a sealed envelope with 27postgp thereon fully prepaid, in the United States post office 28 mail box at Pleasant Hill, California, addressed as follows:. 29 ` L. Coatxa Costa County Fire Protection District, 20W Geary Road, Pleasant Hill, California. 30 2. F. Eric Nowry Contra Costa County Personnel 31 Bire c tor, Ais trat ion building, Room 105# k6e rt:inez, California. 32 � 1 40 ��w�' Ax,'.. _ tom.=Fas�' iL..�...n at-f.- ..-_ X•> _ _a::n 'e-_e4L-..w:' :?+3azi�f - - X.. 1 H. Von& Funk, Contra Costa County Auditor & Controller, Finance Build- 2 iia;, Room 103, Martiriez, California. 3 I, Joyce D. Miller, certify under penalty of perjury, 4 tett the foregoing is true and car ec t 5 :utel on December 9, 197L, at Pleasant Hill, Cali- 6 fornia. 7 8 40YCE D. Mlbba JOYCE D. MILLER9 10 U z 11 12 ` m 13 w N z � m a < ; 14 0 2 Mar > 0 15 aYaILm �. a o n oxau 16 � a mo = o 17 w J a E 18 N m 4 a a 19 a d 20 U a 21 22 , 23 24 25 26 27 28 29 30 31 32 A r :i��'� CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant ELI ZABEM ERWIN.. et al. Address : 644 Chester Drive, Pittsburg, _California Attorney : Benjamin .O. .Andersen, Attorney at Law, 1182 Market Street, San Francisco, CA Amount : $500,000, plus other unknown expenses _ . Date Filed : November 30, 1970 By delivery to Clerk via Coun Counsel 's office. I . FROM.: Clerk of Board of: Supervisors TO : County Counsel ' s Office Attached is a copy of the above claim . Is it sufficient and does it comply substantially with Government Code Sectio s -9 and 910 .'2'? DATED : November 30, 1970 W . T . PAASCH ,. By Dore h G � Deputy II . FROM: County Counsel ' s Office 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 : ( 'X,) County ' s general insurance carrier ; O Other insurance carrier ; ( ) County Counsel . / DATED : /1-30 •- 70 JOHN B . CLAUSEN , By�/`�G�iC.(�+�_ Deputy III . FROM : Clerk of Board of . Supervisor's TO : ( 1 ) Public Works Department, Attention Business & Services Manager (2 ) County Counsel ' s Office Attached are copies of above claim which was REJECTED by the Board of Supervisors on ' December 8. 1970 (copy of Board Order also attached ) . ; Please forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on December 9, 1970' , and memo thereof filed and endorsed on aim, per Government Code Section 703 . DATED : December 9, 1970 W . T . PAASCH , By 11ot az ini w Deputy IV . FROM : (1 ) Public Works Department (2 ), County Counsel ' s Office: TO : Clerk of Board of Supervisor's This acknowledges receipt of. copies of above claim and/or board order, and forwarding endorsement III ., DATED : Dec. 9j 1970 Public Works , By DATED : Dec. 2, 1970 County Counsel , By �, , IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA December 8 1970 In the Matter of ) Claim for Damages . ) ELIZABETH ERWIN, at al. , 644 Chester Drive, Pittsburg, California, by and through Benjamin 0. Andersen of Gladstein, Leonard, Patsey & Andersen Attorneys at Law, 1182 Market Street, San Francisco, alifornia 9 102 having filed with this Board on November 30 , 19_70 , claim for damages in the amount of $ 500,000 plus other unknown amounts; NOW, THEREFORE, on motion of Supervisor J. E. Moriarty , seconded by. Supervisor J. P. Kenny r, IT IS BY THE BOARD ORDERED that said claim is hereby DENIED, The foregoing order was passed by the following vote of the Board: AYES : Supervisors J. .P. Kenny.. A. M. Dias, J. E. .Moriarty,,-E...A. Linscheid,. .T.. . J. Collo NOES : None, ABSENT : None. I HEREBY CERTIFY that the foregoing. is a true and .correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and .the Seal of the Board of Supervisors affixed this 8th day of December , 193Q•• W. T. PAASCH, CLERK By Doroth�V�zz= _Deputy Clerk cc : Claimant Administrator Public Works (3) Attention Mr. Broatch County Counsel ' Hospital Form #8 70-3-500 December 9, 1970 Mr. Benjamin 0. Andersen Attorney at Law Gladstein, Leonard, Patsey & Andersen 1182 Market Street San Francisco, California 94102 Dear Mr. Andersen: The Board on December 8, 1970 denied the claim of Elizabeth Erwin, et al. which was filed by you on behalf of your clients on November 30, 1970. A certified copy of the Board's order is enclosed. Very truly yours, W. T. PAASCH, XtERK By Dorothy Lazzarini Deputy Clerk dl Enclosure CLAIM AGAINST THE COUNTY OF CONTRA COSTA ��� •��,s r�. couN pEp�. OI,yTRint.l.ER �Tu��.tQ�,-CONTROLLER OF THE COUNTY OF CONTRA COSTA, MARTINEZ , CALIFORNIA CLAIMANTS`!' NAMES : ELIZABETH ERWIN, OBIE MORRIS, SAM ERWIN, JR. , INEZ HUFFMAN' BILLIE ERWIN, ANNIE GRAYS, LEVINE ERWIN LOIS ERWIN, JACK ERWIN, DEBRA ERWIN, .SANDRA ERWIN, RAY ERWIN and DONALD ERWIN CLAIMANTS' ADDRESSES: ELIZABETH ERWIN, 644 Chester Drive,, Pittsburg, California. All other claimants., c/o Elizabeth Erwin, 644 Chester Drive , Pittsburg, California AMOUNT OF CLAIM:- $500 ,00.0...00,. plus . ADDRESS TO WHICH NOTICES ARE TO BE SENT.: GLADSTEIN,.' LEONARD, PATSEY & ANDERSEN BENJAMIN 0. ANDERSEN 1182 - Market Street, San Francisco., California 94102. DATE AND PLACE OF OCCURRENCE AND CIRCUMSTANCES: This claim arisels-' out of medical malpractice at the County Hospital, Martinez; California, between September 5, 1970 and September 18, 1970,. which resulted in the death of SAMUEL ERWIN, husband of claimant. Elis.abeth Erwin and father of the other claimants. ITEMIZATION OF CLAIM: General Damages , $500,'00.0 . Medical, unknown - Funeral and bur�al,' unknown DATED: ,.•November- 23, 1970 . 91 Benjamin, 0. Andersen Attorney in Fact for Claimants 1070 W. T. PAASCW CLERK BOARD OF SUPERVISORS O TRA COSTA CSO. . ley �/.L.t.... Deputy • ' • RECEIVED LAW OFFICES OF 1_ GgLADSTEIN, LEONARD, PATSEY & ANDERSEN RICHARD GLADSTEIN NORMAN LEON1 J 4�I{' aI 140 t 11 MARSHALL SQUARE BUILDING �gn �, f RICHARD L.PATSEY 1182 MARKET STREET BENJAMIN O.ANDERSEN, r�7jy c. c0UN!•Y PETER A.HUNT„DIT.'.'A N•i+�G�LER DEPT. SAN FRANCISCO 94102 JOHN GLADSTEAI� PHONE 626-3077 AREA CODE 415 November 23, 1970 VIA CERTIFIED MAIL -RRR Auditor and Controller County of Contra Costa Civic Center Martinez, California Re: Claim of Elizabeth Erwin et al. Dear Sir: Herewith for service upon you please find Claim. Against The County of Contra Costa. Will you please acknowledge receipt - on an enclosed copy, and return the same to us in- the envelope provided. Thank• you for your courtesy. e y tr ly yours,. . Benjamin nSersen� mf Encls . oteu-29 �E�"RECEIVED fsE ' 19110 W. T. PAASCH CLERK BO ROOF SUPERVISORS RA COSTA CO. BY ..f.. Deputy 144 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : Dverett F. Nourse Address : 113 Laurel Street, Vacaville, California 95688 Attorney : Amount: $2,155, plus .unknown'med.ical expenses Date Filed : November 20, 1970 1 By mail , postm rkedf/ / ._To Ge Y'7`i�i� I . FROM : Clerk of- Board of Supervisors TO : County Counsel ' s Office . Attached is a copy of the above claim',, _ Is it sufficient and does it comply substantially with Government Code Sections 10 and 910 . 2? DATED: Nov. 20, 1970 W . T . PAASC,H , By Dorot a riinni Deputy II . FROM: County Counsel ' s Office 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 u.ntil 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 ; ( ) County .Counsel . DATED : 2.3 JOHN B . CLAUSBN , ByI�' Deputy III . FROM : Clerk of Board of Supervisors TO : .(1 ) Public Works Department , Attention Business & Services Manager (2 ) County Counsel ' s Office , Attached are copies of above claim which was REJECTED by the Board of Supervisors on December. 1 1970 (copy of Board Order also attached ) . Please forward- this claim to the County ' s general insurance carrier (or ) . Claimant notified of .this action per Government Code Sec- tion 913 on December 2, 1970 , and memo thereof filed and endorsed on -- aim, per Government Code Section 29 03 . DATED : " December 2, ; 970 W . T . PAASCH , By Do�nth; azz n�' i Deputy IV . FROM : (1 ) Public Works Department (2 ) County Counsel ' s Office TO : Clerk of Board of Supervisors This acknowledges receipt of ;copies of above claim and/or board . order, and forwarding endorsement III . DATED : DAc- 2,1970 Publ i c Works, By e . DATED : Dec. 2. 1970 County Counsel ,, By ,,�, �,,,� cm we wo oma, eco' -r-4 M ' r 'L7 u1 Q 2 3 r-4 to s'6, � ,Uf � •�rn . _., GA yd. ca 4j 0.o Co•H p M ° .as ° �4-C) CU w °' is -H CO M AJ r—+ -r4 �4 W cd 4J-H (v o•,-I aca w v,4-4 <4 ° ,4J o4J i as (4 i A W rH^ t Z m s LO H Q n a N " 0 W C1) x LL 0 m J A W • IL QO oU H � °© IL H � x E-+ a o z d �t i'4 In the Board of Supervisors of Contra Costa County, State of California June 9 19, 70 In the Matter of Report of County Auditor- Controller and County Counsel with respect to law suit entitled Mills, et al ; vs . San Francisco Bay ,Area Rapid Transit District, et al. The Board having received a report from the County Auditor- Controller and County Counsel in response to hoard- referral. of request of Attorneys Caldecott, Peck & Phillips, 800 Financial Center Building, Oakland, California, for consideration of a compromise of the County's charge for expsnses resulting directly from the law suit entitled Mills, et al, vs . San Francisco Bevy Area Rapid Transit District, County of. Contra Costsget al; On motion, of Supervisor E. A. Linseheid9 seconded. by Super- visor J. P. Fenny, IT IS BY THIE'' BOARD ORDERED that the recommenda- tion of the Auditor-Controller to deny said request, is APPROVED. The foregoing order was passed by the following vote of the Board. AYESe Supervisors J. P. Benny, A. M. Dias, T. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES.- None . ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors cc: Caldeeott, Peck & affixed ,his 9th day of June , 19 ,---7-0 Phillips W. T. PAASCH, Clerk County Auditor-Controller County Counsel By ���>c� �j�.. , Deputy Clerk County .Administrator Anne Tit„ McSorlef H 24 12/69 - 10M Office of J ONTY AUDITOR-CONTROLLED Contra Costa County Martinez, California June 4, 1970 TO: Board of Supervisors FROM: H. Donald Funk, Auditor-Controller SUBJECT: Board Order March 31, 1970, re Mills, et al,'. vs. San Francisco Bay Area Rapid Transit District This memorandum is the report of the Auditor-Controller and the Counsel requested by your Board Order. That order was in response to the request of attorneys Caldecott, Peck $ Phillips for the consideration of a compromise of the County's charge for expenses resulting directly from the subject action. The $237.03 charged to the attorneys of the plaintiffs is composed of: 1. Awarded by the court's order of August 24, 1966, in accordance with Government Code 947 (August 1966) and based on the District Attorney's request for the award. $150.00 2. The cost of printing the briefs necessary for the appeal, in accordance with Rule 26(c) , Rules on Appeal. $ 87.03 The County was drawn into this civil suit, you might say involuntarily, since it was incumbent upon its Counsel to represent and protect its interests as an associated public entity, and as a result incurred actual expenses far in excess of the amount of this bill. Although the Board probably has the authority to compromise the charge, in view of the foregoing brief analysis Mr. Clausen and I feel that we cannot recommend such an action. HDF:mp cc: J. B. Clausen _ -4 J. P. McBrien .-...�- H. E. Meyers J U fJ 973 T. PAASCH (! CFtK AR F SUPERVISORS y' COSTA �Y I 'puty In the Board of Supervisors . � of • Contra Costa County, State of California March 31 In the Matter of Costs incurred in connection with civil suit entitled "Mills, et al., vs,. San Francisco Bay Area- Rapid .Trans•i District, County of Contra Cost 9 et al. This Board. having received. a communication from the law firm of Caldecott , • Peck & Phillips, 800 Financial Center Building, Oakland, California., requesting that no further effort be made by the County of Contra Costa to effect collection of costs in the. amount of $237.03 incurred in connection with civil suit entitled, "Mills ;, et al . vs . San. Francisco Bay Area Rapid Transit District, County "of Contra Costa, et al" (Contra Costa County Auditor-Controller's Invoice No. 9843 ) , or that the Auditor- Controller be authorized to enter into a mutually satisfactory compromisd•^bf'_:said amount-# On motion of Supervisor J. P. Kenny, seconded by Super- visor A.. M.. Dias, IT I:S BY THE. BOARD ORDERED that this matter is REFERRED to the County Auditor-Controller and the County Counsel for report. The foregoing order was passed by the following vote of the Board; AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linscheid, T. J.. Coll.. NOES: None. ABSENT: None , I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the. date aforesaid. Witness my hand and the Seal of the Board of Supervisors cc : Caldecott, Peck & affixed this 31st _day of March , 1970 Phillips W. T. PAASCH, Clerk County Audit or-Controller _ � � � Q County Counsel By .if' 7c� Deputy Clerk County Administrator Anne M. McSorley H 24 12/69- 10M CALDECOTT, PECK 8 PHILLIPS ATTORNEYS AT'LAW CHESTER E.CALDECOTT - 800 FINANCIAL CENTERBUILDING TELEPHONE EDWARD F.PECK , 444-4000 WALTON M.PHILLIPS OAKLANDCALIFORNIA 94612 - � � AREA CODE 415 THOMAS N.STEWART RICHARD M.SCHULZE - T.NELSON STEWART March 26, 1970 RECE. y■■l, 1 f�yy3'�.T 140 r""L!`i, �� MAIR 3 O V - W, fa Pyr° W -Contra Costa Count Board of Supervisors Administration Building Martinez, California 94553 Attention: Mr. Jerry McGraw. Re: Mills, et al. .vs. San Francisco Bay Area Rapid Transit District, County of Contra Costa, et al. ; Contra Costa County Auditor-Controller's Invoice No: 9843. Gentlemen: This letter is written on behalf of the three plaintiffs in the above-entitled action, at the suggestion of Supervisor James E. Moriarty, and following prolonged communication between the undersigned and the Auditor-Controller's office. It now -a`pp'ears that the only expeditious solution to the situation described below is by appealing the matter, to the Board of Supervisors, although the premise upon which we have been proceeding, for what has turned out to be a ridiculous' length of time, was that the amount here involved was'hardly sufficient to take up the time of our County legislators. As the matter now stands, the County has an outstanding cost bill of $237. 03 against the plaintiffs, which was some time ago referred to the Auditor--Controller's office for collection. . However, for reasons probably at this point unknown by anyone, my law firm apparently is shown as the creditor in the records of the Auditor-Controller. The details, correspondence, etc. of.events leading up to the present are set forth fully in the file sof this action in the Superior Court, in the District Attorney's file, and in the Auditor-Controller's records. Accordingly, there seems no need here to trace the history of this matter. However, I want to call your attention to the following which form the basis for the appeal to.the,Board of Supervisors: le ` d✓ s� _ �t'w..���f, -SE.,.".A,.t»_ti'..,-,.:Ir <,..•t a,,.,..,J�_ u"..:"•`(,„»fr.`�"'G.,,;� ' Contra Costa County Board of Supervisors -2- March 26, 1970. (1) The three plaintiffs were representatives of a large group of Lafayette citizens who at the time were concerned with the placement of the B.A.R. T. D.' station and the resulting effect on Lafayette traffic patterns. As so often happens in local emotion-charged issues, as the litigation dragged on the ardor of the members of the group lessened and their individual and collective assurances of enduring financial support for the "cause" was forgotten. . It would seem inequitable that under these circumstances the three people who by hindsight were willing to volunteer their names as representatives of a substantial portion of the Lafayette community, should now have to foot the whole bill. (2) No attorneys' fees or court costs incurred by the plaintiffs- were ever paid and have been,.effectively written off by the attorneys involved. (3) The Judgment dated August 24, 1966, although apparently not objected to by the atttorney who handled the trial, nevertheless did not conform to the previous order upon which it was based.dated August 4, 1966, in that the Judgment was for $150. 00 against the plaintiffs as a group, whereas Government Code Section 947, as it then stood, pro- vides for a minimum of $50. 00 against each plaintiff. Furthermore, the cost bill although authorized by Government Code. Section 947, did not as a matter of fact reflect the costs actually incurred by the County which were limited to the filing fee, which was.-,,probably at that time between $10 and $15. 00. . In other words, though provided for by statute, the County in effect received a Judgment for many times its actual costs. The obvibus­inequities. of such a situation apparently were recognized by the State Legislature when in 1968 Government Code Section 947 was amended by deleting the.$50. 00 minimum for costs and limiting a public agency to the actual costs expended. (4) On. the foregoing basis the total cost bill of..B.A.R.T. D. totaling $279. 97, which includes the costs on appeal, was compromised directly with B.A.R.-T.D. 's.attorneys by the payment of $200. 00. (5) We have attempted to arrange a compromise with the County, but apparently,this can only be authorized by the Board ,of, Supervisors. Similarly, every effort has been made to contact the people who originally were the moving force in the lawsuit, with some but not sufficient monetary response, and it would appear that the prospects of receiving any additional funds have now been completely exhausted. It is my hope, and the hope of those people who have been left "holding the Bag'; under the circumstances recited above the Super visors will agree that the County should"make no further effort to Contra Costa County Board of Supervisors -3- March 26, 1970. effect collection of this cost bill, or that it would at least=authorize the Auditor-Controller-'s office to enter into a mutually satisfactory compromise of the amount. I would be remiss if I did not state that at all times through- out this extended matter we have received the complete, patient, and entirely understanding cooperation of the District Attorney's office and the Auditor-Controller's office, to the extent that it gives me, as a long-time resident of: Contra Costa County, considerable pride in .our administrative agencies. I would appreciate this matter being brought to the attention of the Board of Supervisors at the first opportunity of your convenience for a determination. Although there is nothing more I can add to the foregoing, and I would be pleased to submit the matter to the Supervisors on the basis of this letter and the other records referred to, if it is con- sidered desirable I will be happy to appear, with or without the plaintiffs, upon being notified as to the time and place of the formal consideration. Very truly yours, CALDE COTT, PECK & PHILLIPS Thomas N. Stewart T NS:dd cc: Mrs. Nancy Mills. cc: Mr. Robert G. Parker cc: Mrs. Nancy Holtzapple cc: Mr. Don Reichert cc: Contra Costa Co. Auditor-Controller cc: Mr. James E. Moriarty r In the Board of Supervisors Of Contra Costa County, State of California May 26 1970 In the Matter of Authorizing Settlement of County Action against Anna Belle Sawyer, Mt. Diablo . Municipal Court Action No. 14521 Upon the recommendation of the County Lien Committee , IT IS BY THE BOARD ORDERED that the Auditor-Controller is authorized, and. directed. to accept $1,377.77 in full settlement of the County's claim against Anna Belle Sawyer, Action No. 14521 in the Mt. Diablo Municipal Court; and. the County Counsel is authorized to execute and. deliver General Release and a Dismissal of said action, with prejudice , upon payment of the said sum. Adopted by the Board this 26th day of May, 1970. hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: County Administrator Supervisors County Counsel (2) affixed this 26thday of May , 19 70 Auditor-Controller. W. T. PAASCH, Clerk By Deputy Clerk Nano Ing ah am H 24 12/69- 10M IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA I the Matter of Ratifying Clerks s ) Action in Referring Copy of ) Dedlaration and Order__ ) June 9 , 19,E Court Action to the Office ) of the County Counsel, ) The Clerk of this Board having -on . June 4 , 1972 referred copy of Declamation and Order �t4,:vv�Vt4pk received by certified mail on June 4 , 19 70 , inA boas Case No. 31138 of the Small Claims Court of the 14unicial Court of the Judicial, DistiCiet , 01 the Co ty 6f RIchi ond:s its and for the County of Contra Costa, State of California, Poster's Transfer Storage ; versus Louise Campbell, et €1. to the Office of the County Counsel; NOW, THEREFORE, IT IS BY THIS BOARD ORDERED that the Clerkt s action is hereby RATIFIED. The foregoing order was passed by the following vote of the Board: AYES: auperviao:!�s J. P. Kenny,, A. Y*. Dias, ,T. P, ��or artY: E. A. Linscheid, T. J. Coll. NOES: stone ABSENT: IIone• I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. I-Jitness my hand and the Seal of the Board of Supervisors affixed . this 9h_ day of June , 1970, 14. T. PAASCH, CLFRK' yce 11. ,ire .e ,Deputg CTerk cc : County Counsel Administrator 69_9_500 Form #8.2 s COUNTY CLERK'S OFFICE CONTRA COSTA COUNTY Inter-Office Memo DATE: June 1a, 1970 T0: Office' of the County Coin.--el FROM: �qCase Pansch, Clerk SUBJECT : )A n . 31138 of the S ig Court of th6 State of California, in and for the County of Contra Costa, Foster 's Transfer & Storage VS . Louise Campbell, CCC SS Dept., et al. .... .. .. .. .... ........ .. .. .. .. .. .. .... ...:::':":a .::Y i�'S. :C�... .. C: :C Attached is copy of Declaration and Order (Small Claims Court -- Municipal Courts Richmond Judicial Dist. ) in the above-entitled action. Received copy of above- mrr,e tioned docuilDents this 4 day of June , 3.9 for theCounty Counsel. 69-9-500 Form 8.3 i v In the Board of Supervisors of Contra Costa County, State of California Jtine - 19'q.0- In the Matter.of Demand for damages of Atlantic Insurance Company in behalf ' of Michael W. Lotz . The Board having received a copy of a letter addressed to Mr. Daniel L. Pellegrini, employee of Contra Costa County, from Mr. Jesse E. Hamiel of the Atlantic Insurance Company, San Francisco, California making demand in behalf of its insured, Michael W. Lotz, for damages in the amount of $402 . 41; On motion of Supervisor A. M. Dias , seconded by Supervisor E. A. Linscheid, IT IS BY THE BOARD ORDERED that the Public Works Director is requested to advise the County' s insurance carrier of aforesaid letter. The foregoing order was passed by the following vote: AYES: Supervisors A. M. Dias , J. E. Moriarty , E. A. Linscheid, T. J. Coll. NOES: None . ABSENT: Supervisor J . P. Kenny : I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the.date aforesaid. C .C . Public Works Director Witness my hand and the Seal of the Board of County Counsel Supervisors County Administrator affixed this da of 1 .Mr. Pellegrini -d—day ��n, - 970- �� W. T. PAASCH, Clerk By Aileen E der , Deputy Clerk H 24 12/69- 10M o � • CONTRA COSTA COUNTY CLERK' S OFFICE a/ Inter - Office Memo Date: May 27 , 1970 To: From: Subject: Mr . Marchese of the County Counsel ' s Office suggests that the Board instruct the Public Works Director -to advise the County ' s insurance carrier of the request of •Mr . Jesse E'. Hamiel of the Atlantic Insurance Company . DO NOT IST REQUEST OF MR . D . L . PELLEGRINI FOR LEGAL DEFENSE . G�-�--a� dti-.�-o 7�c�✓ Glc r�-`r..� � .. May 22, 1970 Board of Supervisors Contra Costa. County Administration Building Martinez, California 94553 Gentlemen: Enclosed is a copy of a letter I received from Gulf Insurance Company making a claim' of $402.41 -for damages occurring in an automobile accident I was involved in with Mrs. Michael Lotz on March 3, 1970. In accordance with Government Code Sections 825 and 995$ 1 request the County of Contra Costa to provide for my defense in this matter. Very trulyu -Daniel L. Pelle rini DLP:sc Enclosure cc: John -B. Clausen, County Counsel izW. T. PAASCH �d CLE K 000 D OF SUPERVISORS A COSTA W. Deputy T. R. MANSFIELD A. R. BUCHEL - :HAIRMAN OF THE BOARD - PREStOENT I GULF INSU<RA"NCE COMPANY A'TL,kNT1C 1NSU'RA'N`CE COMPANY _. S E LE.0 T . I N S U R A-NCE COMPANY G.ULF.ATLANTIC LIFE INSURANCE COMPANY 222 Front Street - San Francisco,'California 94111 JOSEPH SILVA Branch Manager - MAY 19, 1970 lE P�fEl.iC ��Oi�i{S DEPARTMENT DANIEL L. PELLEGRINI 01 2241 ALHAMBRA AVENUE MARTINEZ,. CALIFORNIA RE: INSURED: MICHAEL W. LOTZ - POLICY#: 707 77 34 — ATLANTIC D/LOSS: 3-4-70 DEAR MR. PELLEGRINI : ON THE ABOVE DATE YOUR CAR COLLIDED WITH A CAR `OF'.OUR INSURED. ACCORDING TO OUR INVESTIGATION, RESPONSIrBI,LITY FOR THIS ACC;I'DENT RESTS WITH YOU. AND DEMAMIS HCREBY MADE UPON YOU IN THE AMOUNT Inky ' OF $402.41, FOR THE COST OF THE REPAIRS' -TO OUR INSURED'S VEHICLE. IF YOU CARRY INSURANCE PROTECTING YOU.,AGAINST THIS TYPE OF CLAIM, PLEASE REFER THIS LETTER TO YOUR INSURANCE'`'.CARRLER AT. THE SAME TIME ADVISING US OF THE NAME.OF YOUR COMPANY. e IF YOU ARE NOT IN— SURED, PLEASE CONTACT OUR OFFICE WITHIN THE-'NEXT TEN DAYS ARRANGE FOR PAYMENT FOR THE COST OF THE REPAIRS. ,Z VE TRULY YOUP,S, r � i I I JESSE E. HAMIEL SUBROGATION DEPARTMENT t' JEH:FSDul- c.�c , June 4, 1970 A. Anthony Bilotti & Co. First Western Building 1330 Broadway Oakland, Califorr_ia Gentlemen. Enclosed is a certified copy of an order of the Board of Supervisors of Contra Costa County dated June 3, 1970, denying the claim of your insured, Jane A. Dawson., Very truly yours, W. T. PAAS CE, CLERK By Dorothy Lazzarini Deputy Clerk dl Enclosure IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June .. 9 19.24: In the Matter off ) Claim for Damages . ) Miss Jane A. Dawson, 2733A Alcatraz Avenue, Berkeley, California, through A. Anthony Bilotti & 'Co. . Insurance Agents, 1130 Broadway, Oakland, California, having filed with this Board on Maw 21 9 192-0—, claim for damages in the amount of $403.21 - $418.60 ; NOW, THEREFORE, on motion of Supervisor J. E. Moriarty 9 seconded by Supervisor A. M: Dias , IT IS BY THE BOARD ORDERED that said claim is hereby DENIED, The foregoing order was passed by the following vote of the Board. AYES : Supervisors A. .M. Dias, J. E. Moriarty, E. A. Linscheid, T. . J. Coll. . NOES - None. ABSENT : Supervisor J. .P. Kenny. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this rd day of June , 19--ZQ. W. T. PAASCH, CLERK By Doroth. La z zarl Deputy Clerk cc : Claimant Administrator Public Works (3) Attention Mr. Broatch County Counsel Form #8 70-3-500 A. ANTHONY BILOTTI & CO. FIRST WESTERN BUILDING, 1330 BROADWAY OAKLAND 12, CALIFORNIA GLencourt 1-7822 — TWinoaks 3-3631 May 7, 1970 . Contra Costa County j 651 Pine Street Martinez, California ll IVB rY ATTENTION: Insurance Dept. PUBLIC Gentlemen: It has been reported to us that on January 20, 1970, about 12:45 P.M., your County car P301, driven by Mrs. Rosalie Stoffer, damaged the 1966 Volkswagen of our insured, Jane A. Dawson, in the parking lot of of the shopping center at 38365 Shopping Heights Lane, Pittsburg, California. From the information furnished us it would appear that your driver was responsible for this accident and we have been asked to present her claim for the damages_to her car. These amoubted to $418.60 in an estimate from Beal 'Hampton's Auto Body Repair and $403.21 for repairs at Oliver Imported Cars, Inc. Copies of these are enclosed with Miss Dawson' s report of the accident. Will you please report this accident to your insurance carrier and have them contact Miss Dawson in regard to the damage. Thank you for your prompt attention to this claim. Very truly yours, A. ANTHO TTI AAB:ld I L E D Enc. MAY ? 1 1979 CC: Miss Jane A. Dawson W. T. PAASCH 273M Alcatraz Avenue CLERK BOARD OF SUPERVISORS Berkeley, California 94705 �ONTASTACO. By�.(�l4 1G Deputy THE ETNA CASUALTY AND SURETY COMPANY Affiliate of: IETNA LIFE INSURANCE COMPANY THE STANDARD FIRE INSURANCE COMPANY L-ala ' COUNTY OF CONTRA COSTA _--- J AUTOMOBILE ACCIDENT REPORT filled out by. L t' C r' ate. .��- L �:�� i... ..l U�.�: �`��.............P'.!.�..Dote.............. �(....... ............. NAME Name of Assured... .. ..... .L�.?�:4r... `-� 'L rF!� 1 .................................... �... ........... ................................... ............ .. . .. Or , Ko No. Address Residence... 733 ... �• INSURED ... .. .. .... ... ... /.......� J.:.r J J Cr�L ....................... ...Phon .!��/... .��� .1 Y . _. 30 Forwhat purpose wo car being used?.... .................»............ Name of Driver...... .. � e ..t�..L.` :tl :� �� .�v......................................... Age....... :`'...:.... Experience Nears)............./................. ..................... Address of Driver... i� f_ Phone No.. .'�:.?..n:�>�-.^.......... ........ ....................................................................................... INSUREDMake of car..... .................. ................ . Body type...........4'' :l :...... Year.Zw....... License No.......-:.1............ ..[::.. .../..... CAR n Motor No........................ ............................... Factory No............................................... Registered Owner. ....... DAMAGE Stole nature and 4xtent of damage to Assured's car and give estimated cost of repairing..............t)-�.... .............................. TO ` s INSURED ........leLq.Y:1fY.1.....................•••.......••••...........................•••••............................................................................................................................................ CAR _....................................................»....................................................................................................•••••......................................•••••••...........••••........................I........ Whereand when can car be examined?.............:....................................................:.......................................................................:.................................................. .. r o J Data and hour of accident. On the........................::...7. ay of............. .. TIME AND ..........d ..........»................................_.................._......., 19........ at,( : PLACE �') /, /� 1 7�r �— ./ 1 y: � Q/'l! ;l cG%i�[.('.t. !C/1 �.�`r 'Y ��1 1t..r.� Where did It occur?.....:... :: . . ... .. !.L s1.. .%...✓.:. .1.. ........ State..._...........: City or Town......................c..k. : C�.....�ti��............................... ................_............... . .......V........................ »_»... OTHERLicense No....................•...................................................... Make of\Cor.................................:..:............................... Body type......................._............. _. CAR OR f r� OTHERNome of Owner.....LD:1 4•R•,..(,0 ... �.................. Address...... ..J.... ..t.1G�{.�..1 PROPERTY , j c ca pt sl.�urs` l l DAMAGED Name of Driver.....1 - �t............................. ...... 1�.�.............................. Address..................................... ... .�....................... ..�........................ ........... e s .S-a Y-'\Q:-� •-�........ .. 1:.�.1......�j�n.... C cN14...:.....- i ... i .... �....... Ports�pdame ed............... ....(.�... .. .`......._..... C.s...1.....C .. :.......... u :......... ' .GcL. :�.. ..{r.� t........................................._ _ �y.... �a: ..... ..... .._.. Where can it be examined?....._............._..............................._..•................................................ When?............................................................................._..... INJUREDName.................................._.......».....». ._ ............».... .....................»... Full Address..... ... .......»....................................................................» PERSONS (or home) Approx. Age......................Nature of Injury ...... To what hospital taken?..............._.....................................__... ... Nome.........:...._................._.........._..........._....................._......................».... . Full Address..._............... �/10� (or home) Approx. Age.......................... Nature of injury..... .........._.._......... _ _To what hospital taken?........................................................ ....... SEE OTHER SIDE — IMPORTANT — FILL OUT IN FULL r 3 Stale briefly how accident occurred....{. ' ..... I.. ....:..�(.�... �....... ...........(`.. ....................�r......:..... .t........�.......:...... ......._... „.. . �Y�l�........ ..i.C..c. : ..V�..... ..:..+1�1�'...... t.0.:tz7.......` ..1�1c c..rs.v.!�:�:[ ...� ....�D�. l ti.�'C�.Jl��...d..� �. .:a :a�...j........ �. 1 , 141 ..:.................... .... U ......5l. ...... p ............ ........... . . .... . ..h.i..+......... .......... +......f...�.c.�...�1.f...4' . What direction were you Ir o elingl..5 ,. ........(........ .:.a..t.........On what streatl.....`:4:1....II............ .........f...................................... What speed?.....c .(......��!.r�l.J..... What direction was other car traveling?... ...........................................On what streetl.....:....1...............y............................ What speed?.......4.......r�T��._ 1 .. t, �� er (- 1 i a mQ- Where was other car when you first saw it?..Cl,1SJl.d....... .......... ........ .... s . ....._ ........... .JC I......Q `,�C:.�.............. ...._....... ..._ _.. 1.Did accident occur on straight road, curves, or intersection?.......... ........ CA.�.�L\. 01 I ........................... ........... Was the road asphalt, cement, brick, dirt, or gravel?.........Cl3.. 1GS.�. ............................................................................_....»»_........ ......... ...... ................................ ._._ Was the road wet or dry at time of accident?.......id.!c ........................................................ I j At the time of accident, were you traveling on the level, uphill, or downhill?............�.e.�l ..l..............................................................................................................„. a To your knowledge had any of the parties involved been drinking?................o................... J........................................................................................ ...... .. .. ... ._ Was a citation given?..................... ...............To whom?.........::.............................. .....What was the charge?.........................„. i Who in your opinion was at fault?......�1. .Y. C.....C... .V�. ................................................._............... ..... ......_ Why?_... ............................................. .. ............ ................. . What, If anything,was said by driver of other car?.... ?` . CLI. S . RC1{1 t 4 r\t w w ko -L.l)QS c0 i Show how accident occurred by using this diagram DIAGRAM OF W E ACCIDENT s I r Nome. .-tatie-..... e5 !si.....t.._...................................... Address` . =114.5u. o:' D . ..r !1155i (j....... 'te.tG ._ OCCUPANTS ASSUREDNamc. �. 1 ?..I E.1•'.l5!(., Address...:�::..>.. .................................�1 {:.::/. ....... Phone..... .................`:I....�......... i CAR k..t...��.....: :. Name...................................................................................................... Address...................................................................... Phone....................................I....... Name. Address................................................ .... Phone.......................................... } Name...................................................................................................... Address...................................................................... Phone........................................:... OTHER EYEName................................ ........................................ Address...................................................................._ Phone............................................ WITNESSES Name...................................................................................................... Address...................................................................... Phone............................................ t 1 HEREBY CERTIFY THAT THE FOREGOING IS TRUE TO THE BEST OF MY KNOWLEDGE Signature of Assured.............................:...........:....................................................................................................................................................................... (over) 1 0.v' -�•� �,i,C`� � ��.. , col ,t CcA °� G • REPAIR ORDER '*A DEALER NO.•426/011 REP. DATE UELIVER114G DEALER DCL. DATE AREA } NAME AODR:E SS � �� KEY NO. CHASSIS NUMBER REC EIVE7 Y£1R �. �.� •A.1.:. - 6, -, MILEAGEICEN�{S.E+NO. I'.0 15ED TYPE E CRUS. PHONE HOMPHONE 1.1\J3 � �✓1`t P•" �,�' Clowl Change Adjust Chrl. Oil Labor Chargn Q Lube Oil Sump T & D Clutch Filler Chg. Oil Clhan Air Cluan Adjust wheel C leanur Breather Brakes Pack ^ Cotte Operation Time No. U. MAINTENANCE SERVICE r ( 46 V �• I'VA CA VA 0, xdc�_ V�z Ir I hereby authorize the above repair work to he done along with the necessary NEEDED REPAIRS: material, and hereby grant you and/or your employees permission to operate the car or truck herein described on streets, highways or elsewhere for the 1. purpose of testing and/or inspection, an express mechanic's lien is hereby acknovvledged on above:Car Or truck to Secure the amount of repairs thereto. Z' NOT RESPONSIBLE FOR LOSS OR DAMAGE TO CARS OR ARTICLES LEFT IN CARS 3. IN CA E OF FIRE, THEFT OR ANY OTHER CAUSE BEYOND OUR CONTROL. 4 F G 1 5. REFIA lr? uSro IER MILEAG F. ORDER NO. 3 . NO. _.� DESCRIPTION ' SA L,EE ESTIMATE – MECH. LAEiOR ' OLIVER IMPORTED CARS, .INC. L ` OTHER LAR.—MAT. 1 f 2567 Shattuck Avenue ..y , r VW PARTS SER VICE-ADVISLR •"'� -:: .'��✓-,� �� a BERKELEY, CALIFORNIA 94704 ACCESSORIES 1 OIL RICE .'Te{ephpne 848-242 \ 1 eRAY.L rLUID W 'PORSCHE PARTS VOLKswA,EN OIL & GREASE OTS.LNG.OIL N /t'";� •. .. ,; PTS,TRANS. SUBLET 0,L u SUMP GSKTS. PARTS—WHL : SE SV MP WASHERS -���••�/ TOTAL DIt. SALESTAX CHARGE SALES — `, CREDIT-CARDS CASH SALES� • '7LaED Br — -- --'-- i' a CUSTOMi""' INVOICE K.U. NO. OLIVER IMPORTED CARS, Inc. iL MATERIAL SUE 22702 . •�®� 1 .:n � 1567 Shattuck Avenue -Arca Code 415 Phone 848.2425 PAGE No. BERKELEY, CALIFORNIA 44704 DEALER NO. 426/011 DATE 7 0 _ .ACCESS. OTHER OTV. PART No. DESCRIPTION UNIT PRICE VW•PARTS TIRES PARTS 7 10 .I� / e-, /O .. 12 13 14 15 16 17 18 19 20 22 23 TOTAL ADDITIONAL PAGES GRAND TOTAL 86.8421 NORICK 0xu"01AA air ` ��.'���� ��►-0�� ; ® S 'rill. 2035 BLAKE STREET k 2567 SHATTUCK AVENUE *48-2425 8-2438 x ' VOLK5�NAGL=N s PO HE BER:,ELEY, CALIFORNIA � tic. >v `'• ' DATE !OWNER ; ADDRESS ATY INS. CO. MAKE r YEAR `TYPE ERIAL NO. ENGINE NO. LIC. NO. "'MILEAGE soot _ FRONT LABOR $ ,H.' PARTS sent LEFT LABOR $ sH.r PARTS_ snot RIGHT LABOR S tNbe, PARTS Bumper Side Panel _ _Side Panel Cumper Brkl. Fender, Fri. �.� fender fit. T Bumper Brace Ouar. Panel _guar. Panel ------------ Bumper Gd. fender Mldg. Fender Mldg. 'I Bumper Bow _Turn Indicator Turn Indicator Frame Head LampHead lamp Stabilizer Head Lamp Door Head Lamp Door Wheel Sealed Beam Sealed Beam _ Hub Cap (owl (owl Hub 8 Drum Door Door Stub Axle Assm. Mirror Mirror i Link Door Hinge Door Hinge It. Susp.'Arm Door Glass Door Glass Axle Beam Vent Glass Vent Glass Up. Susp. Arm Door Mldg. Door Mldg. j Shock Door Handle Door Handle Tors. Bar Door Lock Door Lock , Tie Rod Rocker Panel Rocker Panel Steering Gear Running Board Running Board 1 Steering Wheel Rocker Mldg. Rocker Midg. Horn Button floor . Floor Gas Tank Ouar. Panel, Inner Ouar. Panel, Inner I' Horn Ouar. Panel Ouar. Panel i _ Porn Grille Ouar. Mldg. Quer. Midg. Lower Panel Ouar. Glass Ouar. Glass reinforce. Plate Fender, Rear Fender, Rear Lock Plate, Lr. Fender Mldg. fender Midg. Lock Plate, Up. Gravel Guard Gravel Guard Hood Hood Hinge REAR MISC. Hood Mldg. Bumper Inst. Panel j Ornament Bumper Brack. Front Seat j Hood Handle Bumper Brace Int. Mirror j Windshield Bumper Gd. Trim I _ Bumper Bow Headlining REAR MECH. lower Pane} _ Top Engine Engine lid Tire % Worn Engine Pans light Batter I j Head handle Point i Air (leaner Tail tight Jnct. Box Rear Glass Muffler i Tail Pie EXPLANATION ESTIMATE RECAPITULATION ® (� p (� �. 4 Transmission OF SYMBOLS 1T1 • l J O J , 1 Axle A• ALIGN tabor Hoursy at Wheel N• NEW —___,_.7-------- —7 Drum S- 'STRAIGHTEN Parts & Materials $ --2 .) 'c I • ------------------------ OR ---------------------OR REPAIR OH-OVERHAUL Sublet & Net items _ $ _ ITEMS CIRCLED are.not included in the total, in our opinion are. not duo � / �• `' P TAX V 1— ---- � - �— $ i to this accident. ITEMS - marked OPEN cannot be properly inspected to determine damage TOTAL $ duo to either the location or condition of the car. ! Estimated by ,us to time Involved In making o thorough inspection,axles, frame, engine & transmission will be loft open on oil estimates. tld parts removed from cars will be junked unless otherwise instructed in writing. above Is on-estimate based on our Inspection and does not cover additional ports or labor which may be required after the wort has been opened up. Occasionally after work has started worn ,to discovered which cre not evident on first Inspection. Because of this the above prices oro not guaranteed. "BELL H /iPTOfV'S AKUTO QOD' REPi _ -� � 1499 SAN PABLO AVENUE ® BERKELEY, CALIFORNIA 94702 • 526 American and Imported Cars REPAUF1 ESTIMATE INSURANCE DEDUCTIBLE PAYABLE INSURANCE CO. A—ALIGN OH—OVERHAUL WHEN REPAIR WORK COMPLETED ADJUSTER S—STRAIGHTEN N—NEW „1 ,• _ OR REPAIR ^� —OLD DAMAGE APPRAISER_ owN[R , _J�_/ % - -1.w DAT[ -� --� NODCR NOT INCLUDED ' r � ADDRESS.--� :Z- *!""-:"' _ ,� = `-"tom= '�'� =•a MAKE � `�' YR.(,.�Q_STYI[ MODfL PNONC " �J,~ MOTOR SERIAL �� LIC.. NO. NO. N0.-•+"� �1• • C'-•L •MILEAGE CONDITION FRONT LABOR PARTS LEFT LABOR PARTS RIGHT LABOR PARTS MISCELLANEOUS L�ia�R PARTS BUMPER .L r^,�_ FENDER FRT. / r FENDER FRT. - BUMPER 00. FENDER SHIELD FENDER SHIELD �� SPEC. GD. AIR DUCT AIR DUCT BUMPER BRKT. [' FENDER MLDG. FENDER MLDG: BRAVCL SHIELD HEADLAMP ���. 'HEADLAMP ! STABILIZER HEADLAMP DOOR HEADLAMP DOOR WHEEL SEALED BEAM j� SEALED BEAM k ` NUB CAP DISC. PARK. LIGHT PARK. LIGHT HUB B DRUM COWL-DAfH ): -...._ ) -zL' COWL-DASH - CLEAR . KNUCKLE WINDSHIELDTINT ( WINDSHIELD MLDG. KNUCKLE SUP. DOOR, FRONT DOOR, FRONT ' LR. CONT. ARM DOOR HINGE DOOR HINGE CLEAR CLEAR DOOR GLASS '••�' •j UP. CONT. ARM DOOR GLASS TINT TINT - �.-• > _ r` 1 SNOOK - VENT GLASS TINT R VENT GLASS TIER SPRING DOOR MLDG. DOOR MLOO. TIE ROD DOOR HANDLE DOOR HANDLE STEERING GEAR CENTER POST CENTER POST STEERING WHEEL DOOR REAR DOOR REAR DOOR GLASS CLEAR' DOOR GLASS CLEAR MORN RING- TINT TINT RAD.'BRILLE DOOR MLDG. DOOR MLDG. ROCKER PANEL ROCKER PANEL ROCKER MLDG. ROCKER MLDG. FLOOR &W/HSG. FLOOR & W/HSG. • GUAR. PANEL GUAR. PANEL FENDER REPAIR FENDER REPAIR • PANEL PANEL GUAR. EXT. GUAR. EXT. OUAR. MLDG. GUAR. MLDG. STONE SHIELD STONE SHIELD - IUCD TOP WHEEL SHIELD I WHEEL SNICLO _ HOOD HINGE TAIL LIGHT TAIL LIGHT .a. HOOD MLDG. REAR MISCELLANEOUS ORNAMENT-EMB. BUMPER FRONT SEAT-ADJ. LOCK PLATE, UP.- BUMPER OD. TOP LOCK PLATE, I.R. SPEC. OD. AERIAL FRT. SYSTEM WW MORN BUMPER BRKT. TIRE /32 IEFTD BW FRAME BAFFLE. UPPER GRAVEL SHIELD CROSS MEMBER BAFFLE, SIDE FRAME PAINT 6 MATERIAL BAFFLE, LOWER GAS TANK UNDERCOAT RAD. SUP. TAIL PIPE ,�r.�Yl^JilaL`i: RAD. CORE LOYi[R PANEL Gross Farts ANTI-FREEZE FLOOR •r: „r <-`' `,i �.� 7?-Discount '-� �_5 RAD. MOSES TRUNK LID F NOt hCirts ►AN BLAOr-BELT LIC. IJGNT C"I - C �'•; Lo6or Hrs. In $ /� C• �• r WATER PUMP, PULLEY TRUNK HANDL[ MOTOR MTs. TCRX .J TRANS, - TOTAL rs:^ zar= THIS ESTIMATE WILL MAT. PRICES SUBJECT TO (/ n jjnn}�'/+nl� CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : Miss Jane A. Dawson Address : . 2733A Alcatraz Avenue, Berkeley,_ California 94705 xxxmxxXX through A. Anthony Bilotti & Co.., .First Western Building 1330 Broadway, -Oakland, California, .Insurance Agents Amount : $403.21--$419.6o (two estimates ) Date Filed : May 21, 1970 By delivery to Clerk 5-21-70 XRy—XWXX)q5 KXNXXYJW f r om Public Works Department . I.. FROM : Clerk of Board of Supervisors " TO : County Counsel ' s Office Attached is a copy of the above claim . Is it sufficient and does it comply substantially with Government' Code Sections 91 and 910 . 2? DATED : May 21, 1970 W . T . PAASCH ; By �Dooyr of az Deputy II . FROM : County Counsel ' s Office. 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 : (�O County ' s general insurance carrier ; (. ) Other insurance carrier ; ( ) County Counsel . DATED : 2,!�' JOHN B . CLAUSEN , B3,6, Af Deputy III . FROM : Clerk of .Board of Supervisors TO : ( 1 ) Public Works Department, 'Attention Business & Services Manager (2 ) County Counsel ' s Office Attached are copies of above claim which was REJECTED by the Board. of Supervisors on June 3. 1970 (copy of Board Order also attached ) . Please forward this claim to the County 's general insurance carrier . (or, ) . Claimant notified of this action per Government Code Sec- tion 913 .on June li 1970 and memo thereof filed and endorsed on claim, per Government Co!��rotry ction 29 03 . . DATED : June 4, 1970 W . T . PAASCH , By oia rani Deputy IV . FROM: (1 ) Public Works Department (2 ) County Counsel ' s Office TO : Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order , and forwarding endorsement III . DATED : June 4. 1970 Public Works , By DATED : ,TuneL�, 1970 County Counsel , By _ pury I COUNTY CLERK'S OFFICE CONTRA COSTA COUNTY Inter-Office Memo DATE: May 28, 1970 TO: Office of the County Counsel FROM: W. T. Paas ch, . Clens SUBJECT: Action No . 119312 of the S' psrior Court of the State of California, in and for the County of Contra Costa., . Lester W. . Jr. , and Bertha M. Hink Vs . County of Contra. Costa, et al. Attached is copy of Summons and rirst Amended Answer to Complaint and Cross--Complaint in the above--entitled act ion. Received copy of above- mentioned documents this 8day of , 97 for the .,Gounty Counsel . b9-9-500 ..Form 8.3 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA i Gh.e Matter of Ratifying Clerk' s ) Act-ion in Referring Copy of ) Summons and First Amended Answer to ) Co'faint and Cross-Complaint ) June .?n Court Action to the Office ) Of t'ne County Counsel. ) The Clerk of this Board having; on May _____ , 19 70 Te 'crred copy of _Summons and First Amended Answer to Complaint and _ Cross-Complaint nerved on M. Cramlett Deputy Clerk, Richmond Clerk's office. m. �_ May 26 , 19 70 , in Action No,. 11� of the Superior Court of the State of California , in and for the County of Contra Costa, Lester w. Hink, Jr. and Bertha M. Hink, Plaintiffs, versus 'County of Contra Costa, et' al., Defendants --- Edward M-* Hicks and Mary Ellen Hicks, Cross- gomp,-jaim ptt s, versus Lester W. n , H ]j, Jr. qc9 R rtha TJf_ H;-nk g1nd County of Contra Costa, Cross-defendants, ta e Office .of the County Counsel; NOW, THEREFORE, IT IS BY THIS BOARD ORDERED that the Clerk's notion i.3 -hereby RATIFIED. The foregoing order was passed by the following vote of •the Board: AYES : Supervisors A. .M. Dias, J. E. Moriarty, E. A. Linscheid, T.. J. Coll. NOhS : . None . ABS-ENT: Supervisor J. P. .Kenny. I HEREBY CE-RTIFY that the foregoing is a true and correct copy cf an order entered on the minutes of said Board of Supervisors on the date eforesaj(-., Witness my hand and the Seal of the Board of Supervisors affixed this 3rd day of June 190. W. T. PAASCH, CLERI{ By Doroth Lazzni Deputy cc , County Coune e 1 69-9-500 Form ii'8 2 COUNTY CLERK'S OFFICE CONTRA COSTA COUNTY Inter-Office Memo DATE: June 1 , 1970 TO: Office of the County Counsel FROM: W. T . Paas ch., Clerk SUBJECT: Action no. 120209 of the Superior Court of the State of California, in and for the County of Contra Costa., Donna Lyne Brown , a minor by and through her Guardian ad Litem Robert D. Brown. vs . County of Contra Costa et al . .• + .• •• •••• .• ai:fir ri�r••L•'+ +•ii i• +..> +. .+ .+ s. +. .+ •i +• +• .i i +l ii: :� �`+r:i:• .•+••i�:fir s• .•ii ii+ii Si+t Ji.r•• Attached is copy of _ Summons and Complaint for Damages in the above-entitled action. Received copy of above- mentioned documents this 1st day of June , a9 for the County Counsel. 492-4a 69-9-500 Form 8.3 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Ratifying Clerks s ) Action in Referring Copy of ) 1;ijmmnnc and C mmplaint fnr Qamaigec } June 3 in Court Action to the Office } of the County Counsel.- ) The Clerk of this Board having on June 1 , 19 70 , referred copy of Summons and Complaint for Damages served on Aileen Elder , DeeRuty Clerk on June 1 19 70 , in Action No. 12.02.09 of the Superior Court of the Stateof California , , in and for the County of Contra Costa, DONNA LYNE BROWN , a minor by and through. her Guardian ad Litem ROBERT D . BROWN , versus County of Contra Costa , et al . , to the Office of the County Counsel; NOW, THEREFORE, IT IS BY THIS BOARD ORDERED that the Clerkts action. is hereby RATIFIED. The foregoing order was passed by the following vote of the Board: AYES : Supervisors A. M. Dias, J. .E. Moriarty, E. A. -Linscheid, T. J. -Coll. NOES: None. ABSENT: Supervisor J. .P. .Kenny. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. ttiiitness my hand and the Seal of the Board of Supervisors affixed this 3rd day of June , 19Z.0_0_ 1J. T. PAASCH, CLERK By Aileen d-1 dPr Deputy Clerk cc : County Counsel Administrator 69-9-500 Form #8.2 fr COUNTY CLERK'S OFFICE CONTRA COSTA COUNTY Inter-Office Memo DATE: May 282 1970 TO: Office of the County Counsel FROM: . W. T. Paasch; Clerk SUBJECT : Action No . : R-18)1'12 of the Superior Court of the State of California., in and for the County of Contra Costa, Gulf 0il Corooration and Standard Oil Company of California VS . Coulity of Contra Costa Attached is copy of Summons and Complaint for Recovery of Ad Valorem. Taxes Paid under Protest, and for Dec aratory Relief and supporting documents in the above- entitled. action. Received copy of above- mentioned documents this .28th day of May , 19 70, for the County Counsel. _n n i b9-9-500 Form 8.3 U IN THE,' BOARD OF SUPERVISORS OF CONTRA. COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Ratifying Clerk' s } Action in Referring Cony of ) Summons and Conplai_ t f or RecoverZE ) �' Taxes Paj d un June �,dg� Protest ) :.r.� Court Action _ to the Office } of the County Counsel. } The Clerk of this Board having on May 28 , 19 70 , referred copy of _Summons and Complaint for Recovery of Ad Valorem Taxes Paid under Protest, .and for Declaratory Relief and related documents ;creed on Aileen Elder, Deputy Clerk, oM. May 28 , 19 70 , in Action No. R-18132 of the Superior Court of the State of California , _n u„a for the Ccunty of Contra Costa, _GULF OIL_CORPORATION, _a corporation; and STANDARD OIL COMPANY OF CALIFORNIA, a corporation; Plaintiffs. . versus COUNTY OF CONTRA COSTA, Defendant , ;;o the Office of the County Counsel; NOW, THEREFORE, IT IS BY THIS BOARD ORDERED that the Clerk' s act—icn. is , hereby RATIFIED. The foregoing order was passed by the following vote of the Board: AYES : Supervisors A. M. Dias, J. E. Moriarty, E. A. .Linscheid, T. J. Coll. NOES : None . ABSENT: Supervisor J. P. Kenny. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid, Witness my hand and the Seal of the Board of Supervisors affixed this 3rd day of June W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy CTe_r'i cc County Coun^el Ac1m nistrator 69.,.9_500 F:­,­_ n'-ti,2 +r COUNTY CLERKtS OFFICE CONTRA COSTA COUNTY 1 Inter-Office Memo DATE: May 29, 1970 TO:,. Office of the County Counsel FROM: W. T. Paas ch,, Clerk SUBJECT Action No. 32432 wx X� of ttie Municipal Court of the Judicial xx ,xxxY . District of the City of Richmond for the Ccu:Aty of Contra Costa, State of California, Richard E. Erickson UndergrounIsConstruction Company, The County of Contra Costa, et al Attached is copy of SUMMONS AND COMPLAINT in the above-entitled action. Received copy of above- me coned documents this c'• day of y , 19 TO, for the County Counsel. b9-9-500 Form 8.3 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Ratifying Clerks ) Action in Referring Copy of. ) Summons and Complaint ) June 3 190 in Court Action to the Office } of. the County Counsel. ) The Clerk of this Board having on May 29 , 1970 , referred copy of SUMMONS AND COMPLAINT served on Aileen Elder, Deputy Clerk on May 29 , 19 70 , in Action No.' 32432 of the Municipal Court of the Judicial District of the City of Richmond in and for the County of Contra Costa, State.-.ofCalifornia, Richard E. Erickson versus Underground-Construction Company, County of Contra Cost, et al , to the Office of the County Counsel ; NOW, THEREFORE, IT IS BY THIS BOARD ORDERED that the Clerk' s action. is hereby RATIFIED. The foregoing order was passed by the .following vote of the Board: AYES : Supervisors A. M. .Das, J. E. Moriarty, E. ,A. -Linscheid, T. .J. Coll. NOES: None . ABSENT: Supervisor J. P. Kenny. I HEREBY CERTIFY that the foregoing is a true and correct copy of 'an order entered on the minutes of said Board of Supervisors on the date aforesaid. Igitness my hand and the Seal of the Board of Supervisors affixed this ' 3rd day of June 19_47 0. W. T.. PAASCH, CLERK By Doro t fLa zzexqni Deputy Clerk cc : County Counsel Administrator 69-9-500 Form #8.2 PUBLIC WORKS DEPARTMENT ,CTOR W. 5AUER NTRA, COSTA COUNATO ,LIC WORKS DIRECTOR - - CHIEF DEPUTY PUBLICWORKS DIR£GTOH COMMISSIONCR-SURVEYOR 6TH FLOOR, ADMINISTRATION SUILOING , MARTINEZ, CALIFORNIA 34553 , F?, C1. HROATCH TELEPHONE.'828,3000 ' - DEPUTY PUBLIC WORKS.DIRECTOR June 4, ; 1970 Our File No. 69-270 Mr. Ju I.1 us li, Cohen -1375 Creekside Drive Walnut Creek, California 94596 Deer Mr. Cohen; Reference is made to your letter of May, 29,, -,1970, regarding an accident which occurred on May 12, 1970, , We are enclosing,a. copy of our letter of May 27, 1970, forwarding your claim to the County's . insurance carrier, Pacific Indemnity Group. < It is the Board _of Supervisor's policy to formal ly- deny a I -claims. prior to sending them to the insurance.carrier, l am ;sure that Pac.iffic indemnity will be in contact with you.. in the near future regarding your claim. , If you -have any further questions regarding claims procedures, please - .contact Mr. J . N. McKenzie of the County Public Works Department. If you have any questions regarding the,Asett Dement of„'-the ,c Ia i m, p I ease' contact Mr. Jahn Bohman of Pacific Indemnity;` It is regretted that the County's polic' does impose a time delay :in settling claims. Very truly yours x VICTOR W. SAUER fis Public°Works Director By R. D. Broatch Deputy Public Works W rector y JNM:sc Enclosure ccs Board of Supervisors' , J. P. McBri en, County Admi n r strator CEc John B. Cl"ausen, County Counsel ;, j u i-3 1910 Wi T: [?:AASCH vlR OA OF SUPERVISORS 111- IIA epUty ✓� u ui us H. LHS n A . ATTORNEY AT LAW 1,375 CREEKSIDE DRIVE _ WgLhUTCREEK,CflLIfORn1P 94596 TELEPHONE L415]939-2171 May 29, 1970 : r RECEIVED JIM '1970 W. T. P A A S C H CLERK BOARD OF SUPERVISORS CONTRA,C ST�A�CO. p BY '• �Z�iL�:L�I.�Deputy The Board of Supervisors Contra Costa County P.O. Box 911 Martinez, California 94553 RE : Our Claim of May 182 1970:. $367.63 Auto Accident of May 12, 1970 Dear Sirs: We are in receipt this date of your,formal denial of our claim for damages caused to our car, as a result of its collision with a County ownedstation wagon, and are called upon to advise you of the deep feeling of warmth we got at this knowledge that our'Board of Super- visors are so valiantly guarding our County Funds. Unfortunately, we are forced to the conclusion that no mem- ber of the Board, nor any of its staff, took the trouble to read any of the reports filed on this accident. .We are at a loss to understand.your denial of liability in view of the fact that the County Station.wagon was, at the time of impact, sliding,westward on an eastbound two lane road, covering both lanes of traffic. Short of crossing over into the oncoming lanes of traffic,.we had nowhere else to go. �F We are forced to the conclusion that we`'nust now file an action against the County and its driver,, at.which time, nasmuch.as we cannot imagine any possible defense, the,claim'wil1 be paid with the addi- tion of some 15% for court costs and.service fees incurred. While these added costs are comparatively small, please note my extreme unhappiness as ax taxpayer, with.their..unnecessary addition, to say nothing of our being forced to the added problems and inconvenience of enforcing collection. Please accept our assurance that had the circum- stances been reversed, the County would have had immediately on demand full payment either from our insurance company or,from this.office. Very trul y r , I J IUS H. COHEN J HC/aa I CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant :_ Julius H . Cohen Address : 890 Minert Road , Walnut Creek , California 94598 Attorney : Amount : $367 .63 (estimate attached ) from Public Date Filed : May J8 , 1970 By delivery to Clerk Works ��CX►��xA�X�4I4A��i&�k��X I . FROM : Clerk of Board of Supervisors' TO : County Counsel ' s Office Attached is a copy of the above claim . Is it sufficient and does it comply substantially with Government Code�SeQ cti ns 91 and 910 . 2? �J P f DATED: May 19 , 1970 W . T . PAASCH , By DorotV Lz a i Deputy II . FROM : County Counsel ' s Office TO : Clerk of Board of Supervisors C 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 : (X ) County ' s general insurance carrier.; ( ) Other insurance carrier ; ( ) County Counsel . DATED : /47 _ JOHN B . CLAUSEN , By,, � � Deputy III . FROM : Clerk of Board of Supervisors TO : (1 ) Public Works Department , Attention Business & Services Manager (2 ) County Counsel ' s Office Attached are copies of above claim which was REJECTED by the Board of Supervisors on : Maar 26, 1970 (copy of Board Order also attached ) . Please forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on May 27 ,1970 and memo thereof filed and endorsed on claim, per GovernmentCock S-, y ecti9703. DATED : May 27, 1970 W . T . PAASCH , By Doroyarni Deputy IV . FROM: (1 ) Public Works Department (2 ) County Counsel ' s Office TO : Clerk of Board of Supervi s'ors This acknowledges receipt of copies of_a-bove claim and/or board order , and forwarding endorsement III . DATED : May 27 , 1970 Public Works , By i DATED : ;" May 27 , 1970 County Counsel , By • _ eputyCf . May 27, 1970 Mr. Julius H. Cohen 890 Minert Road Walnut Creek, California 94598 Dear Mr. Cohen: On May 26, 1970 the Board of Super- visors of Contra Costa County denied your claim for damages in the estimated amount of _ $367.63, which was filed in this office on May 18, 1970- A certified copy of the order denying your claim is enclosed. Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk dl Enclosure I� i i. IN THE BOARD OF SUPERVISORS OF li . CONTRA COSTA COUNTY, STATE OF CALIFORNIA May 26 In the Matter of ) Claim for Damages. ) Julius H. Cohen, 890 Ttinert Road, Walnut Creek. California having filed with this Board on May 18 , 1910 , claim for damages in the amount of $ 367 .63 (estimated) ; NOW, THEREFORE, on motion of Supervisor F. A. Linseeid , seconded by Supervisor A. M. Dias , IT IS BY THE BOARD ORDERED that said claim is hereby DENIED. The foregoing order was passed by the following vote of the Board: AYES : Supervisors J. P. Kenny, A. M. Dias, _ '. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES : None. ABSENT : None. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid: Witness my hand and the Seal of the Board of Supervisors affixed this 26th day of May 19_ZQ:. W. T. PAASCH, CLERK By Dor• ot . Laz ini Deputy Clerk ccs Claimant Administrator Public Works (3) Attention Mr. Broatch County Counsel Form #8 70=3-500 A D `v' TOs Contra Costa County MAY 18 1970 Department of public Works . Martinez, California ,PUBLIC WORKS DEPARTMENT CLAIM AGAINST COUNTY OF CONTRA COSTA (Government Codeq Sec, 910) DATE: May 15, 1970 GENTLEMEN: The undersigned hereby presents the following claim against the County of Contra Costar 1, Date of accident or occurrences May 12,. 1970,. 05:15 P.M. 2, Name and address of claimants JULIUS H. COHEN 890 Minert Road, Walnut Creek 94598 3, Description and place of the accident or Occurrences Both cars,going east on Ygnacia Valley Blvd. in Walnut Creek, I in inside lane, county car in outside lane and about 25' in front of me. Drive of county car hit brakes, and apparently lost control of car as it slid sideways across both lanes, the front of her car sliding backwards toward my oncoming car. Contactwas tmhade bet1ween my front right bumper and fender ,. and the left front side of 4, �I�mes�f oun y emp�oyee's involved, and type, make & number of equipment if known White Chevrolet truck type station wagon Mrs. Julia Neola Esterling 5, Describe the kind and vblus of damage and attach estimatess Fender crumpled by front bumper being bent and forced into it. Attached find copy of estimate from"only company who ever works on car. SIL EW MAY 18 1970 W. T. PA,ASCH CLEM< WARD OF SUPERVISORS 1RA'MTAs C.O. ESTIMATE`OF-REPAIRS MILLER OLDS CADILLAC 1800 MT. DIABLO BLVD. NAME ,�JI.1(ALNUT.,CREEK,'GAU:F. :94-5-96 DATE ' ADDRESS � �-^� i�, —PHONF_rq:� G_� INSURED BY ADJUSTER PHONE S mbcl FRONT Labor $ Nb Parts IS mbol L1;;T Labor $ I�L1b5 Parts Symbol RIGWT Labor $ Hbs. Parts' y y j �{ yw_.a �(r r. -_ per Brkt. I !— Fender Ft r � I /62 Fenderrt, F �. Bumper * ender Shield �- ( QI _ I I Fender Shield Frt. System _��_ l /�Fender Fezuer Mldg ! I _ Frame Headlamp i- ` ( -.._ ` Headlamp _Cross Member - _TI_ Headlarnp Door ! i Headlamp Daar J I ' ! I_..,___ Stabilizer. ( - i- Sealed Beam S afed Beam _Wheel I Cowl _ �r ( - ! 1 p Cowl Hub Cap ' -`Windshield WindshieldN--_ _ .__. Hub 81 Drum - �-� .I Doar, Front Door, Front - - _ Knuckle Knuckle Sup. I 1~ 5 Door Lr Cont. Arm-Shaftl-1 �I Docr Gla-s 1 �! I- y D i Cla s r Vert Class Un. Cont. Arm-Shaft I Loo Nldg ! I I or A41cr7 I ! Shock .ccr H,odic -1 -- --I I i I Door Tian is -- - - -I Spring __-- - 1 I C sin, Post`- i 14 Rod C i Poor a I -_� I hoor Pear (� . . v nng Gear--+�i�-,-� .l`. I Do - i - `-- I I. I--- j j -U rr rl asss Siecring Wheel aor hrtd E I Horn R; Grave(St,irW s ci e i�dg. j I ! i t e Recker er /1��rking bight =_J/v 40J hI "_- c_ I laor --�� i-- -I-- I FraTje �. ..-1-- - --�- �._:- Frame Red. Grilis _ I ! t ..t I I I I Dag Lig Dc ! - -- - _ 1 ; Dauar, Fe elPuar. Ponei._�. ..I Guar ! Ide I I Guar. Midg. 1` I Quar. Cla I -I I I -€ Ouar Gla s I -- - Fend iri ( I Fender R or I- -- - - Name Plate - ---- i _ I V Fend d - I - ! i t i ._� Fonder Nldg i-�- ) H---orn I--- Fender N° - -f ! -- ! '" Fender Pad a �,c --A- - r Saf fl er I I F1,urnperI I r t Panel ! e P - .� I tm_. G I d - III ..__.-._ r 1u t71L� ,t i � C F'ror4 Seat Lock PI tc Lr, I $ur .s r C e. Lack Plate Llo. ! i I G cv is-c riaod Top -_ i I t 0 er Pan- 1 I i dlinlng Hood Hinee i I F lao _ Hood-Mldg�-- _ - I r y- Truk I r tr ': I- ti I - .I e lVern Rad. Sua I I I- Trunk Handle Rad. Coe Anti Freeze- --��� I 1, Tali Pipe ----I -� -- I i d,r 4 --- --t -- -- '_- - - Rad. loses j Co Tank _ -Ji i u�ri0t 17 TIO ! FOR REP_n_s1:5 Fan Blade , I- I maneI--- --1--- r t r cT urixad to make fl-.e .'t oti specified ---- Fan Belt I I ru F rrr, Ir Q� ---- -- f (.� tdPter Pump �( I Motor Mts. ( I� i t r' i� �- tr 2TS —.__. 1 Clutch Linkage I _. 32 ---- _ a _ _ -_ — --� I I — i Pwr — PS, MAK _ YEAR STYLE MODEL_V4 Fl SERIAL NO. LIC. NO. MILEAGE MILEAGE (GRAND TOTAL `�T� l- E_ A-Align N-New OH,-Overhaul S- Straighten or repair Material Subject to Price Change , FORM 9155 NORICK OXLA.CRY•CHICAGO.LOS ANGELES.SAN FR%NCISCO PRINTED IN U.S.A. December 2, 1970 Mr. Everett P. Nourse 113 Laurel Street Vacaville, California 95688 Dear Mr. Nourse. Enclosed is a certified copy of an order adopted by the Board of Supervisors on December 1, 1970, denying your claim for damages. Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk dl Enclosure j IN THE BOARD OF SUPERVISORS I OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA 1 . December 1 , 1970 In the Matter of ) Claim for Damages . ) f EVERETT F. NOURSE, 113 Laurel Street, Vacaville, California I having filed with this Board on November 20 , 197, claim for damages in the amount of $ 2.155, plus unknown medical expenses; NOW, THEREFORE, on motion of Supervisor J. E. Moriarty , seconded by Supervisor ' E. A. Linscheid , IT IS BY THE BOARD ORDERED that said claim is hereby DENIED. The foregoing order was passed ;by the following vote of the Board AYES : Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E.. A. Lins cheid, T. J. Collo, NOES : None . ABSENT : None. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of- said Board of Supervisors on the date aforesaid. Witness my hand and - the Seal of the Board of Supervisors affixed this 1st day of December , 19�. W. T. PAASCH, CLERK ' By Dorothv zzari Deputy Clerk cc : Claimant Administrator Public .Works (3) Attention Mr. Broatch County' Counsel Form #8 70-3-500 113 Laurel St. Vacaville, Calif. 95688 I%ovemb'er 19, 1970 Honorable Board of Supervisors Contra Costa Co. County Administration Bldg. Martinez, Calif. 94553 Dear Sirs: On Tuesday November 17,1970 your Contra Costa County vehicle #5955, a Ford Econoline, license E 553672, struck the rear end of my car at a fast rate of speed, pushing it into the car ahead of me and causing such severe damage to my car that it is completely "totalled". My car is a 1968 Chevrolet Impala 4 door sedan(hardtop) and is now at Bob's Tow. Service Yard in Vallejo for inspection. I have also suffered some body injury as a direct result of the severe impact. Your -vehicle was driven by Mr. Jim Graves,244 Rodeo Ave. , Rodeo (Apt.3) . The accident occured on Highway 80, roughly three miles South of the Carquinez Bridge, between 8:30 and 8:45 A.M. Maas driving South on Highway 80 about 60 M.P.H.in clear sunshine but upon approaching a heavy fog-bank I considerably reduced my speed. Soon after slowing down I had to stop because the car in front of me had stopped. I managed to stop about twenty feet behind this car in front. Suddenly I was struck in the rear with terrific impact by your vehicle mentioned above. I hereby make the following damage and injury claims against the Contra Costa County Board of Supervisors: 1968 4-door Chevrolet Impala Sedan (top condition) $1600 plus Air Conditioning $265, plus optional engine $65 $123-0 Organ Pedal Cabinet with Lansing speakers (in trunk of car) $200 Repair to trousers of suit $25 $2155 plus- Medical Expanses Unknown EC "E`I� p � Sincerely �i �+ FILE / Rlov,-21-o 1970, W. T. PAA 5 C N Everett F. Nourse CLERK BOARD OF SUPERVISORS COSTACo....!NTRA _......_.._...... ................ Deputy CLIZ a4 f�J ¢ �_ d \IN NQ, 4 0 001 L � o f AMENDED CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : COLLECTION SERVICE, INC,. , Edwin Spencer, President Address : 333 17th Street, Oakland, CA 94612 Attorney : Amount : $521.38, plus `interest and costs Date Filed : November 23, 1970 By delivery to Clerk By mail , postmarked 11-20-70 I . FROM : Clerk of Board of Supervisors TO : County Counsel ' s Office amended Attached is a copy of the above /claim . I's it sufficient and does it comply substantially with Government Cod e,cSSe4tio 9 and 91•0 . 2? DATED: November 23, 1970 W . T . PAASCH , By Daz ini Deputy II . FROM : County Counsel ' s Office 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 : (X ) County ' s general insurance carrier ; . ( ) Other insurance carrier ; ( ) County Counsel . DATED : ��/a�3�lo JOHN B . CLAUSEN , B TT Deputy III . FROM : Clerk of Board of Supervisors TO : ( 1 ) Public Works Department-, Attention Business & Services Manager ( 2 ) County Counsel ' s Office amended Attached are copies of abovE?fclaim which was REJECTED by the Board of Supervisors on December 1. 1970 (copy of Board Order also attached ) . .Please forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on December 2. 1970 and memo thereof filed and .endorsed on ,claim, per Government Code Se t 'on 2 703 . l � DATED : Dec. 2, 1970 W . T . PAASCH , By Dorot az ini _ Deputy IV . FROM: (1 ) Public Works Department (2 ) County Counsel ' s Office TO : Clerk of Board of Supervisors amended This acknowledges receipt of copies of abov9lclaim and/or board order , and forwarding endorsement III . DATED : Dec. 20 1970 Public Works , By DATED : Dec. 2, 197 0 County Counsel , By ,� CLAIM AGAINST CONTRA COSTA COUNTY Routing .Endorsements Claimant : COLLECTION SERVICE, INC. Address : 333 - 17th Street, Oakland, California 94612 Attorney : Amount : $521.38, plus interest &costs Date Filed : November 16, 1970 By delivery to Clerk ll-16-70 by a process server. . . . I . FROM : Clerk of Board of Supervisors TO : County Counsel ' s Office 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: Nov. _ 16, 1970 W. T. PAASCH, By Doroth azzr ni 24 Deputy II . FROM : County Counsel ' s Office 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 : O Board may not act on claim until 1. 5 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 ; ( ) County Counsel . DATED : //-/7- 7C) JOHN B . CLAUSEN , Byj&,� Deputy III . FROM : Clerk of Board of Supervisors TO : ( 1 ) Public Works Department , Attention Business & Services Manager (2 ) County Counsel ' s Office Attached are copies of above claim which was REJECTED by the Board. of Supervisors on (copy of Board Order also attached ) . Please forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED : W . T . 'PAASCH , By Deputy IV . FROM : (1 ) Public Works. Department (2 ) County Counsel ' s Office 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 : County Counsel , By Deputy December 2, 1970 Mr. Edwin Spencer, President Collection Service, Inc. 333 ® 17th Street Oakland, California Dear Mr. Spencers Enclosed is a certified copy of an order adopted by the Board of Supervisors on December to 1970, denying your amended claim which was filed in this office on November 23, 1970. Very truly yours, W. T. PAA S CH, CLERK By Dorothy Lazzarini Deputy Clerk dl Enclosure COLLECTION SERVICE, INC. FORMERLY,SPENCER COLLECTION SERVICE `pNAT,oy � 1 333 17TH STREET OAKLAND, CALIFORNIA 94612 TELEPHONE 444.2122 Nov.20 1970 '�wAao ' REFER TO FILE NO. Board of Supervisors Administration Bldg_ , Rm_103 S 30090 A 651 Pine St_ , . Martinez, Calif..; Re: Collection Service,Inc_ , et al v. Casilda Palizzi - CLAIM FOR DAMAGES Gentlemen: Herewith supplemental claim for damages, in the above matter. Please stamp one copy .of claim "Filed" and return for our file.. Thank you. Yours very truly, COLLECT ER .I%E, INC. , ES :hf E in Sp cer,President Encl_8 r� 10 EN. T. PAASCH CLERK BOARD OF SUPERVISORS CONTRA oSTA CO, Deputy ... •- NATIONAL AFFILIATIONS AMERICAN COLLECTORS ASSOCIATION • - • NATIONAL RETAIL CREDIT ASSOCIATION ,- CE.AIM FOR DAMAGES TO - Contra Costa County Board of Supervisors, Rm. 103 Administration Bldg. ,. 651 Pine St :', Martinez , Calif., To - Charles Iverson, Marshal or any deputy in Marshal's office, authorized to accept service of this claim _- 100 37th . St. , Richmond, Calif. ., You and each of you are, notified that: Collection Service,Inc. , a California Corporation, presents a claim .for damages sn the sum of $521.38, .with interest at 797o, per annum from Aug. 19,1970, and for costs herein incurred. ' Claimantsaddress is 333. 17th. St . , Oa.kland,Calif.94612 , telephone 444-2122. Date of occurrence September 15, 1970. Said claim arises from the -following - facts and circumstances - That Collection Service, Inc . ,filed in the Municipal Court for Oakland Piedmont Judicial District, action # 223 277, to wit: Collection Service,Inc. , a California Corporation versus. Casilda , Pa;,lizzi,procured. a judgment, and our attorney, Peter Kakures, gave instructions to. the .Marshal's office in Richmond Judicial District, Richmond,Calif., to levy upon and take into their possession one 1965 Chevrolet .Impapa Super Sport - 2 door -hard top, License No. NTU 021. Defendant , Casilda Palizzi being both legal and registered owner of said vehicle. Judgment' balance' �on the writ of execution $446.38,plus depostt of. $75 .00 sent to the Marshal's office, for .a total of $521_38, plus Marshal's commission. .. On Aug. .311, 1970, Marshal Evans telephone Mrt_Kakures' secretary and reported that the automobile had been picked up under the attorney's instructions, ;and the automobile was driven by Marshal Evans and placed in storage with the Auto Storage Garage, 2514 Florida St_ , in Richmond,Calif. , On Se.pt. 3,1970, notice was posted by the Marshal's office by Deputy Theo.. Acredolo, copy of notice now in your offices,that said 1965 Chevrolet. Impala would be sold at Marshal-Is sale, on- Tuesday, Sept,. 15 ,1970, at 9 A.m. ,. at 2514 Florida, Richmond,Ca.lif., I arrived along with Lewis Goldsmith; vice-president of claimant corporation, Collection Service,Inc . , at Auto Storage Garage, 2514 Florida , in Richmond,Calif. , at 8:45 A.M. on Sept . 15, 1970. Deputy Evans of the Marshal' s office was there to conduct the sale. We were . informed by Monte Sobrero, owner of the said garage, that the automobile had been stolen from his premises between the hours of 2 and 3 A.M. , on• the morning of Sept .15 ,'1970. That as a result of the negligence and careless conducI: of the Marshal' s office in the storage of said automobile, said automobile was not available for the Marshal's office to conduct the sale of said vehicle, and therefore, claimant Collection Service,Inc . , a California Corporation, suffered damages in the sum of $521.38, . plus interest on the judgment at 776 per annum from August 19, 1970, together with costs herein. I declare under penalty of perjury that the above is true and correct . Executed at Oakland, California , Novemb 201 970. Edwin .Spencer, President F1 Colleglition Service,Inc. , a L. E"Mm D California Corporation (claimant) 333' 17th St., NOV 31970 Oakland,Calif. 94612 Phone 444-2122 W. T. PAASCH CLERK BOARD OF SUPERVISORS f ,( RA CO6TA CO. LAG:.. Deputy t ,Qa j- 3009fj .17 .,. rtificate .of Service by VI (C. C. P. 2015.5) dIV ust be attached to original or a true copy of paper served) STATE OF CALIFORNIA ss. 223 277 Alameda - COUNTY OF------------------------------------------------------------------ - ---------------- - - ------------------------------------------------- says that lie is a citizen of the United States, over 18 years of age, a resident of.......Alameda ______________________-County, and not a party to the.within action. That his/"*e`$VJ6XaGQbusiness) address is----------33,3___17th__ t__,IIaklaxld,_,�a_1if_9 i12_. That he/she served a true copy of the attached____Claim__f_Or---dama- es____ _________________________. �e Board of Supervisors by placing said copy in an envelope addressed toy#__ Ch�r1e�__ ug �p�}s__�1q�rga _________-_____ their respective * Administraction ,Bldg. , Rm.103, 651 Pine St. , at: Ms office (rXX k5a) address----M41X_K1110__,_CaL�lf�_r__��___10II_ Calif. which envelope was then sealed and postage fully prepaid thereon, and thereafter was on------------------------- Nov. ___-.___________________Nov_ 20, 1970--------------------------- 19--------- Deposited in the United States mail at-____________________________ _Oa_kla_ndCa lf,------------------_---------------That there is delivery service by United States mail at the place so addressed, or regular communication by United States mail between the place of mailing and the place so addressed. I certify under penalty of perjury that the foregoing is true and car ct. Executed NOV.20, 1970 at Oakland ,Calif. -_________ Edwin__S _encer sips 72852 . --------- ---- .:------------------- - - -- P ) } > : ° a \�» ,�,£ � • 2 » wo # m � . , $ o O a . \ CA) �� . \ � N ■ �_ $ ® \ \ p rA . / s z . / V . � e V % ' ;eA 6 - � � / . - ! � IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA December 1 , 19—, In the Matter of ) Claim for Damageso ) as Amended, ) COLLECTION SERVICE, INC., thrQugh Fdwf n RpAnnAr9 PrAni dAnt_ 333 - 17th Street, Oakland. California, haying filed alaim wi th thi 4 Board on November 16, 1970, and amended having filed with this Board on November 23 , 1970 /claim for damages in the amount of $21.38, plus interest and costs; NOW, THEREFORE, on motion of. Supervisor J.. E. Moriarty , seconded by. Supervisor E. A. Linscheid , IT IS BY THE BOARD ORDERED amended that said/claim is hereby DENIED. 0 The foregoing order was passed by the following vote of the Board: AYES : Supervisors J. P. Kenny, A. M. Dias, J. E. Moriartyp, E.. A. Linscheidq T. is Coll. NOES : None. ABSENT : None. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid a Witness my hand and - the Seal of the Board of Supervisors affixed this 1st day of December , 192. W. T. PAASCH, CLERK OL1v QetzZ Qom` By Dor La gni Deputy Clerk cc: Claimant Administrator Public Works (3) Attention Mr.. Broatch County Counsel Richmond Judicial District Form #8 70-3-500 " H ED ' N 0`41 16 1970 W. T. PAASCH CLERK 80ARD OF SUPERVISORS CLAIM FOR DAMAGESCo RA CO$7,A,O. TO - Contra Costa County Board of Supervisors TO - The Clerk thereof and other authorized representatives thereof. ' To - Walter F. .Young, Sheriff of Contra Costa County, at. the offices of above named, Administration Building, Martinez, California . You and each of you are notified that .- Collection hat :Collection Service,Inc_, a California Corporation, presents a claim for damages in the sum of $521.38, with interest at 7 o per annum from August 19, 1970, and for costs herein incurred . ' Claimant' s address is 333 17th Street , Oakland ,Calif. ,94612 Date of occurrence - September 15,1970. Said claim arises from the following' facts and circumstances - That Collection. Service,Inc ., a California Corporation filed in the Municipal Court for Oakland-Piedmont Judicial District , action # 223 277, to wit : Collection Service,Inc. , a .California Corporation versus Casilda Palizzi, procured a judgment and on . August 19, 1970, writ of execution was issued on said judgment , and our attorney, Peter Kakures, gave instructions to the Marshal' s office in Richmond Judicial District, Richmond, Calif.., to ' levy upon and . take into their possession one 1965 Chevrolet Impala Super Sport 2- door hard top, License No. NIU 021. Defendant, Casilda Palizzi is' •both legal and registered owner of said vehicle. Judgment balance on the writ of execution $446.38 lus .deposit of $75 .00 sent to the marshal's office, for a total of M1.38, plus marshal' s commission. On rAugust 31, 1970, Marshal Evans telephoned Mr .Kakures' secretary and reported that the automobile' had been picked up under the attorney' s instructions, and the automobile was driven by Marshal Evans and .placed in storage with the Auto Storage Garage, 2514 Florida St . , 'in Richmond,California On September 3, 1970, notice was posted by the Marshal' s office by Deputy Theo Acredolo, copy of notice attached hereto and made a part hereof, that said 1965 Chevrolet Impala would be sold at Marshal's sale on Tuesday, September 15 , 1970, at 9 A.M. , `at '2514 Florida Ave. , Richmond,Calif. , I arrived along with Lewis Goldsmith, vice-president of Collection Service,Ine. , '`at Auto Storage Garage, 2514 Florida Ave., in Richmond , Calif. , at 8:45 A.M. , on Sept. 15 , 1570. Deputy Evans, of the Marshal' s office was there to don- duct the sale. We were informed by Monte Sobrero, owner of the garage, that .the automobile had been stolen from his premises between the hours of 2 -and 3 A.M. , on the morning of September 15, 19,70. We have facts that lead to the conclusion that the Marshal'-s office was careless in the storage of this property and we are alleging damages in the sum of $521.38, plus interest on the judg- ment at 7% per annum from Aug.19, 1970,together with costs herein incurred. I declare und3e'rpenalty of perjury that the above is correct . Executed at OQkla ,Calif. ,Nov.12 , 1970. " Edwin Spencer,President of Collection Service,Inc. , ...t,:rr s f+...t«....•++,....,, fi3�"'•�.k"I"y� •'"T T�s•v..:� v r y 4:tl_tC' t Irk' f?a.,.�ktti. rr.. ' i..� f t, "�7R? .f r '' rj y, ' "' •s S�Q '"a>,.aaaW.'+ 'p x. t a+.I Y r t .+.r4rf, .k� ,1 r ri It (✓ r' r s q 7,a e t ,.,.. F�.Cv ,� .n.,, ,. ' '� ..�'• ..; r_ 6�7,'tP5'Y�tfa'j•K i�•..4..?`i»aS,+"i"'i� { s � � t't..4 r �n l r;r 3 .'�•" .v f r S 'r "T( 7 ti`� 't -!}.t;.j N r ak}k-`}Xt + .:hr. 9sv�a,3e}.Laa h,'fArSaA.srw ,s .S Lp,) SALE r Fy virtee of e-10;ration kumftl Cut af '�?��...._......,.� _court , ��; g Caiu�xty r�i C�.��.t Stat oi'Gliko , t the Au f-uS t _._ f � as ca 4 COLLECTION SMICE., INC SAY t� gs Plaintiff,_._ recovered judgment r Defendant— for the sum of F2 .�l � ' � Septemba bidaa costs and interegt, etc., On tb ...a --.—day .-- er P I have levied on the followIng dwclibod WOP", tra- It: That,certai, 1.965 Chevrolet CPO . 01663'75L 149744 Lica Wo. :£1rn; .y IP ala Ju 8' sg air °°' 2 Dr. Hardt2 t Notice is hereby given that on----E=D Y the----- �- day of September' 1 70 a4 2400 e'clock. A. of that day at 2514 I'lorida Ave. Ri,chimnd Calif. City of RZC�I )ND _. County of Contra Costa, State of California, I l sell all the right,,title and Interest of said defendant ,,.._ in and to the above described property, at Public Auction, for lawful money, to the higbod and but bidder, to satisfy wAd execution and 611 Cv519. IDated'at -Uc`:mnorid �. .�. -nL—dam + ------- clux""ES E. IVMSEN 19=1W WWWO .�C*Vfft Cwft CSN. oa Acre a Deputy Peter Kakuree . ilalntif}'►Attwnoy 337-17th St. Oakland Ca. J -2126 Plaintiff Mut b® t or at timeeQ NOTICE OF INSUFFICIENCY To: Collection Service , Inc. 333 17th Street Oakland, California, 94612 Please Take Notice as follows : The claim you presented against 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. The claim fails to state a cause of action against the County of Contra Costa or any employee thereof. 2 . The claim was not presented within the time limits prescribed in California Government Code Section 911.2 . 3 . The claim. fails to state the name and post office address of the claimant . X _ 4. The claim fails .to state the post office address to which the person presenting the claim desires notices to be sent . 5 . The claim- fails to state the date, place or other circum- stances of the occurrence or transaction which gave rise to the- claim asserted. 6. The claim fails to state the name(s) of the public- employee(s) causing the injury, damage , or loss , if known. 7. The claim .fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective . injury, damage, or 'loss so far as known, or the basis of computation of- the -amount claimed. 8. The claim is not signed by the claimant or by some person on his behalf. 9 . Other: ;,:: t n JOHN B. CLAUSEN, County Counsel W. T. PAASCH CLERK BOARD OF SUPERVISORS �. /�tt�� O RA COS�A CO. I By ' f aY ,fUL - --- Deputy l Deputy Count Counsel CERTIFICATE OF 'SERVICE BY MAIL (C.C.P. §§1012,. 1013a, 2015 .5 ; Evid.C. §§641,' 664) My business address is the County Counsel 's Office of Contra Costa County, County Court House., P. O. .Box 69, Martinez, California 94553 , and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a .party to this action. I served a true copy of this Notice of Insufficiency by placing it in an envelope(s) addressed as shown 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 Mail at Martinez, Contra Costa County, California. I certify under ,penalty of perjury that the foregoing is true `and correct . Dated: N.o.yember 18, 1.970 , at Martinez, California. ' cc: Clerk of Board of Supervisors Public Works. Department CC-33: 250: 7/70 (Notice of Insufficiency of Claim; Govt .C. §§910 , 910 .2 , 910. 4,, 910 . 8) TELEPHONE 444 2126 � PETER KAKU RES „. 'CEI ♦ E �~ ATTORNEY AT LAW HOWDEN BUILDING. SUITE TO n � 0 0 T ; 01970 337 SEVENTEENTH STREET W T P A A S C u OAKLAND. CALIFORNIA 94912 CLERK BOARD OF SUPERVISORS O RAC TA CO: Oct . 282 1970 e�y - Deputy Refer to; my file S 30090 A Secretary of Board of Supervisors Court ..House - Contra Costa County .. Martinez, California y Dear Sir: Please send me claim forms relative to filing claim against Contra CostaCounty. I Thank you. 4 i Yours very truly, PK:hf Peter Kakures I November 6, 2970 Peter Kakures, Attorney at Law •Lowden Building, Suite 10 Oakland, California Dear Mr., Kakuresa Contra Costa County does not have a claim form such as you requested in your letter of October 28, 1970. -Very truly yours$ ,W. T. PAA S CH, CLERK By Dorothy Lazzarinz Deputy Clerk t CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : ROBERT JAMES SUNDBERG Address : 2339 Tulare Avenue, E1 Cerrito, California Attorney : Amount : $490.36 Date Filed : November 19, 1970 By delivery to Clerk -via Works, I . FROM : Clerk of Board of Supervisors TO : County Counsel ' s Office Attached is a copy of the above claim . Is it sufficient and does it comply substantially with Government Code sections 9 0 and 910 . 2? DATED : Nov. , 20, 1970 W . T . PAASCH , By Doro ia2g )in i Deputy II . FROM : County Counsel ' s Office 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, ; O Other insurance carrier ; County Counsel . DATED : Nov. 2.3- /978 JOHN B . CLAUSEN , Byj�j��" Deputy III . FROM : Clerk of Board of Supervisors TO : (1 ) Public Works Department, Attention Business & Services Manager (2) County Counsel ' s Office Attached are copies of above claim which was REJECTED by the Board of Supervisors on December 1 1970 (copy of Board Order also attached ) . Please forwardthis claim to the County ' s general insurance carrier (or ) . Claimant notified -of- this action per Government Code Sec- tion 913 onI�ecember 2, 1970 , and memo thereof filed and endorsed on claim, per Government Code pSection, 9703 . , DATED : nAc- ?_r 1970 W. T . PAASCH , By �Doroiv az a iii Deputy IV . FROM: ( 1 ) Public Works Department (2 ) County Counsel ' s Office TO : Clerk of Board of Supervisors , This. acknowledges receipt of copies of above claim and/or board order , and. forwarding endorsement III . DATED : Dec. 2. 1970 Public Works , By DATED : Dec. 2. 1970 County Counsel , By , --7 December 2,, 1970 Mr. Hebert Jaynes Sundberg 2339 Tulare Avenue E1 Cerrito, California Dear Mr.'' Su.ndberg: Enclosed is a certified copy of an order adopted by the Board of Supervisors on December 1, 1970, denying your claim for damages. Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk dl Enclosure IN THE BOARD OF; SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA December 1 19-zo In the Matter of ) Claim for Damages. } ROBERT JAMES SUNDBERG, 2339 Tulare Avenue, El Cerrito, California having filed with this Board on November 19 , 19 70 , claim for damages in the amount of $_490.36 ; NOW, THEREFORE, on motion of Supervisor J. E. Moriarty , seconded by Supervisor E.- A. Linscheid , IT IS BY THE BOARD ORDERED that said claim is hereby DENIED. ' The foregoing order was passed by the 'following vote of the Board: AYES : Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty,.,E.. A. Linscheid, T. J. Coll. NOES : Nona. ABSENT : None a I HEREBY CERTIFY that .the foregoing. is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and .the Seal of the Board of Supervisors affixed this lat day of December 19-20 . W. T. PAASCH, CLERK By Dorothy zzaA i Deputy Clerk cc : Claimant Administrator Public Works (3) Attention Mr. Broatch County Counsel Form #8 70-3-500 •' FOR OFFICE USE ONLY �REPA OR OF ACENT AND CLAIM CLAIM MO. • I in 1� } NOV "1. 91970 DATE OF O✓ 1 I D PJBLi VSii�t:4J TIIWEb� A kI 7' V � ACCIDENT - 19 DARK LIGHT El AC CID NT - t q Onr6--nn tl J (/1�.�1•I� STREETS) y^/ CITY �h` �bg STATE YOUR CAR . YEAR MAKE 1�p BODY "V� -NO.- 7u O. ��� u+3 OWNED BY � ADDRESS- " I " I n r.L A ,--- OWNED - CITY STATE DRIVEN BY �~� _______ADDRESS ry 1 1✓ STREET CITY STATE YES NO WAS DRIVER ON ANY IF YES. DRIVER'S AGF ,�,/. MISSION FOR OWNER OF CAR? EXPLAIN AMOUNT OF IND INSURANCE CARRIED--LIAR. �.I D PAS �COMP.D COLL. DEDUCTIBLE POLICY NOKOF . NSURA CE CO. v NAME OF � ��� ���Ibr� OF AGENT YES NO WAS ACCIDENT BEEN REPORTED TO YOUR COMPANY? WHERE MAY CAR BE SEEN? YES NO HAS ANY PART OF YOUR DAMAGE BEEN PAID BY YOUR COMPANY? � � AMOUNT $ ' NAMES AND ADDRESS OF PASSENGERS IN YOUR CAR AND APPROXIMATE AGES: NAMES ADDRESSES ACES STREET CITY STATE STREET CITY STATE STREET CITY STATE OTHER CAR MAKE p STYLE /I NO. tt-- _ l.o 1%r n (A Ij -1 l� Q F Rte. E- A—ro^Li V1m11 F' OWNED BY ♦ ADDRESS-sTREE C r I STATE DRIVEN BY a ptZ,j ADDRESS E RE T Tr .TATE I,YE�B�,/�O THE ACCIDENT POLICETHERE? DID STAFROTION? WHAT ���e� rb 1 cp OFFICER'S A BADGE NO. ' (NAYS. IF KNOWN) NAMES AND ADDRESSES OF ALL OTHER WITNESSES: - NAMES ADDRESSES nx YESNO WAS ANYONE INJURED.IN YOUR CAR? El 01� IF SO, WHO? YE. WAS ANYONE-INJURED IN OTHER CART El NO�IF SO. WHO? NOV 19 1970 W. T. PAASCH DESCRIBE INJURIES ��► CLERK BOARD OF SUPERVISORS O,pTRA COST6 09. Deputy NAME OF ATTENDING DR. ADDRESS STREET NAME & DIRECTION YOU WERE TRAVELING ` SPEED - 1� STREET NAME & DIRECTION OTHER CAR TRAVELING SPEED WHAT TRAFFIC CONTROL WAS THERE? NkAkA- _ WHAT WERE WEATHER CONDITIONS? CONDITION OF PAVEMENT? G )66.t)b (PLEASE ANSWER ALL QUESTIONS ON BOTH SIDES) ' Y.G A WHAT ATTRACTED YOUR ATTENTION TO OTHER CAR? HOW FAR FROM INTERSECTION WERE YOU? OTHER CAR? WAS SPEED OF YOUR CAR REDUCED? INCREASED? E OTHER CAR REDUCED? El INCREASED? D YES NO YES' NO YES NO DID YOU SEE OTHER CAR PRIOR TO IMPACT? El 0 DID.YOU SOUND HORN? D 0 OTHER CAR? 0 _0 WHAT SIGNAL DID YOU GIVE? OTHER CAR? YES No YES NO ANY SKID MARKS MADE BY YOUR CAR? LENGTH OTHER CAR El LENGTH WHAT PART OF YOUR.CAR WAS DAMAGED?��f. � ESTIMATED COST OF REPAIRS $ WHO MADE THE ESTIMATE? YES NO HAVE REPAIRS BEEN MADE? El AT PART OF OTHER CAR WAS DAMAGED? YES NO YES NO - YES NO WERE ALL YOUR LIGHTS ON? 0 E .OTHER CAR'S? El D WAS PLACE OF ACCIDENT WELL LIGHTED7 E D WHAT STATEMENTS WERE MADE BY YOU OR OTHER .PARTY ABOUT ACCIDENT AFTER IT OCCURRED? PLEASE COMPLETE DIAGRAM Illustrate position of cars at time of collision Show skid marks j SHOW STOP OR SLOW I SIGNS INDICATE M I DIRECTIONS ' 1 1 ( \ SHOW CARS 1 I I THUS I I — LABEL I �'/ YOU I1OTHER I EACH STREET STATE BRIEFLY HOW ACCIDENT HAPPENED - ' j ru ' I-.4Fll 11 y n eb pl u�eti �, �7 b t=1=t+% f 0-;t(-A— r+,X11-6 -o\t �► I ti d I`i 1 r� (L rZ-ur la.._ I J rk u n ( �rt I°a 1 P Y EI kI / ❑ ARE YOU MAKING CLAIM FOR DAMAGES ON ACCOUNT OF THE ACCIDENT? IIJ�I '� �q �OU4 IF YES, AGAINST WHOM, y r-r L IN WHAT AMOUNT?� 4 �` FOR YOUR PROTECTION CALIFORNIA LAW REWIRES THE FOLLOWING TO APPEAR ON THIS FORM APPLICABLE IT IS UNLAWFUL TO: USED IN SUPPORT OF ANY SUCH CLAIM. ONLY (A)PRESENT OR CAUSE TO BE PRESENTED ANY FALSE OR FRAUDULENT EVERY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION IS IN CLAIM FOR THE PAYMENT OF A LOSS UNDER A CONTRACT OF INSURANCE. PUNISHABLE BY IMPRISONMENT IN THE STATE PRISON NOT EXCEEDING CALIFORNIA (B)PREPARE,MAKE,OR SUBSCRIBE ANY WRITING,WITH INTENT TO THREE YEARS, OR BY FINE NOT EXCEEDING ONE THOUSAND DOLLARS, PRESENT OR USE THE SAME, OR TO ALLOW IT TO BE PRESENTED OR OR BY BOTH. 1 HEREBY, ECLARE THAT THE FACTS STATED IN THIS REPORT ARE TRUE. SIGNED� DATE ?g ADDRESS '�J� L B (� STREET , CITY STATE F?ESID 1 C' C. BUSINESS 7E TELEPHONE OCCLfION WITNESS'' SIPNATURF ADDRESS ESTIMATE OHEVRO LE BILWELs6N .CHEVROLET, I4. . e V "` 480-23rd STREET PHONE 234.0422 RICHMOND, CALIFORNIA 94804 NAME �_ + W&BEp- DATE 90 ADDRESSoL0! '3 jyELkr/�►2 �/C(-] PHONE INSURED BY ADJUSTER PHONE LABOR LABOR PARTS LABOR LABOR ' PARTS LABOR LABOR PARTS SYM FRONT AMT. HRS. AMT. SYM LEFT AMT. ,HRS. AMT. SYM RIGHT AMT. HRS. I- AMT. Bumper /A 39,� Bumper Brkt. — _A%.L Fender, Front Fender Front Q Bumper Gd, jV Fender, Sip /,90 &J Fender 9KaftQbJTg O Frt.System Fender Midg. Fender Midg. SiyE 6.497 Frame Headlamp Headlamp C) ,71 f.90 Cross Member Aj Headlamp Door R (� 6,00 Headlamp Door Qp Sealed Beam Sealed Beam Wheel Cowl Cowl Hub Cap Windshield Windshield 1U Dim 0,s A PA Door, Front Door, Front Door Hinge Door Hinge Door Glass Door Glass Vent Glass Vent Glass Up.Cont:Arm-Shaft Door Mldgs. Door Midg. Shock Door Handle Door Handle Spring Center Post Center Post Tie RodDoor'Rear Door Rear Steering Gear Door Glass Door Glass Steering Wheel Door Mldg. Door Midg. Horn Ring Rocker Panel Rocker Panel Gravel Shield pS 045 Rocker Midg. Rocker Midg. Park, light Floor Floor Cj-PAVEL S 117t6AP A Z 3-�d Frame Frame Rad. Grille (4 Dog Leg Dog Leg tr Ext 0.-X. O,u{ Qtr. Panel Qtr. Panel iAJti n 4 0' 4aS, Qtr.Midg. Qtr.Midg. Qtr: Glass Qtr.Gldss Name Plate Horn REAR MISC. Bumper Inst.Panel Bumper Brkt. Front Seat Lock Plate,Lr. Bumper Gd. Front Seat Adj. Lock Plate,Up. Gravel Shield Trim Hood Top O Lower Panel Headlining Hood Hinge O —dp Floor Top Hood Midg.p-edriT Trunk Lid' Tire % Worn Ornament Trunk Midg. Rod. Sup. Trunk Hinge Battery Rad.Core Tail Light (� Paint bAI1,Wyr U Q�. Tail Pipe Undercoat Rad. Hoses Gas Tank Fan Blade Frame Fan Belt Wheel _ Water Pump Back Glass Motor Mts. Axle GROSS PARTS NET PARTS TAX t 3 3 MAKEAS2D YEAR�L/STYLE JABDEL 2 H' MILEAGE TOTAL LA60R I I (; 3 SER. NO. MTR. NO. LIC. NO. M , '1�_ GRAND TOTAL J o1� 3% A - Align N - New OH - Overhaul S - Straighten or repair Material Subject to Price Change EAST OW, BODY SHOP • : 251 - 24th STREET 233-3233 ' RICHMOND, CALIFORNIA AUTO REPAIR ESTIMATE ESTIMATE OF REPAIRS AS LISTED FOR LABOR AN,D�1 MATERIALS - VERBAL AGREEMENTS NOT BINDING OWNER r PHONE ESTI ATE DATE ' ADDRESS [J '77Z /ORDER NUMBER INSURANCE CO. Z ES/!'fF PHONE LICENS BERi� ADDRESS /15 " MAKE OF CAR MODEL YEAR MOTOR NO.. . SERIAL NO. MILEAGE - QUAN.' DESCRIPTION OF LABOR DR MATERIAL PART NO. MATERIAL LABOR- 92 - � z ' .: - J Ports based on standard catalogue procurement price lists subject subject fo change without notice. Procurement and delivery charges may be added for.special service on items not available locally. Material Oldparts removed from car.will be junked unless otherwise instructed in writing. TOTAL LABOR ' n The above is an estimate based on our inspection and does not cover additional parts or labor which maybe required after the work TOTAL MATERIAL a„ has been opened up.Occaziondlly afterwork has started worn parts are discovered which are not evident on first inspection. Be- cause of this,above'p ices are not guara feed. / \ ESTI ATEDBY ESTIMATE APPROVED BY DATE Tax Tow AUTHO ANACC D PAID OUT- Storage SUBLET- REPAIRS By Owner TOTAL !° Or Agent MOORE BUSINESS FORMS, INC.".AI Q 0 . -i D D D R tD ? 3 Z p O .W a .® @ C7 S S't7 i G Q,. m W D R•"�1 7 r •"� 1 �"qS r —ir: —1 X O .�'ti•'�+• 1*1 1>3m Cn Q° o m wy W �' , �" 1 W xo W 2cmi ,-CD `u C-.) °s w A &o ` mnrn =G!_L7 �R W D O: a CL O W ❑ � \ ❑ c m oo Ric rn D �. D. cn CD pp � o ' -� T. N { .1 _01 00 r SC Q a �+ ' D .� 1b.. m m :0 C')in vj cs.t in n m v '� t .s �.� f. Oil � � H O ®X •aW OQ .- 1` h n�_ 3 -=G f V.S. N n c _ ✓ _ O„ `� o m �-�� a cam' 0 CD rr, momma "' z ` CL ; z 608, . ❑. �. �� � .�n tri 7, r- ti icti qV , m y C-.1 CD Co r o �' r CD . � me ~ � '`a�.m. D co Z " 3 a U• . r- m Z0 EL m m m n O ! ! �' S.: R'�.-moi a� O N• A. ❑ Wy - QQ •aryoq'� CD 'meq' - .. , pcq _ Ro� O N m o (� co F. m s *v -+a tttt��rrr�wwwwqq o C" nnc� cocc.ro -<C -ro y Wn pr j\ 700 <�n. � y.�� cn CD CM n in • 2 El 0 cD O x..17.cr 0 � CD O CD CD � O Co v ❑ c � d .�cca � '( C* } 9.. ..i r+ ❑ ❑ ❑ .o o a, ❑. ❑ El El El El ❑ ,❑ El A m O .< C m m -n ZC :5 ' -1 (n �, -n n i�. m. o .-n o X cn -j !� m M w LD , I , . f r'� �,w cr m D cn r 2 ' cn m z z rn z rn ❑ a z V) .r ® ewe m $ ❑❑ C --4 �. �.' y Z co M 1 U �:. zID Zrn W, NNI rn mo I 0 Ow \\\ m n z m rn w ID Co. �o v �.> K > 2 r- X o o E In the Board of Supervisors : . of 'E Contra Costa County, State of California December 1 19 - 0 In the Matter of Request for legal representation. This Board having received a" memorandum dated November 30, . 1970 from William A. O'Malley, District Attorney, requesting that he be provided legal representation as an individual in United States District Court for the Northern District of California, Civil Action No. C-70 25,-30 RFP, Alex de Renzy and Phillip Skinner v. William -A. . O'Malley,. District ,Attorney of Contra Costa County, et al.; and On motion of Supervisor J. E. Moriarty, seconded by Super- visor J. P. Kenny, IT IS BY THE BOARD'' ORDERED that said request is REFERRED to the County Counsel. The foregoing order was passed by the following vote of the Bo and AYES: Supervisors J. P. Kenny, A. M. Dias , J. E. Moriarty, E. A. Linscheid, .T. J. Coll. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc : District Attorney Witness my hand and the Seal of the Board of County Counsel Supervisors County Administrator . affixed, this 1st day of December , 19, 70 Public Works Department W. T. PAASCH, Clerk Business Services ; By Deputy Clerk Elsie Pijzo t H 24 8/70 IOM bwo • • DISTRICT ATTORNEY 'S OFFICE Contra Costa County Martinez , California November 30 , 1970 Date TO : Thomas J. Coll, Chairman Board of . Supervisors V � FROM: William A. O'Malley ` District Attorney' DEC 1 1970. SUBJECT: Legal Representation AILERK so RD OT. RAS SUPERVISORS NTRA CO TA Co. putt On November 27, 1970 I was served with a summons and complaint as well as a temporary restraining order in an action. filed under the Federal Civil Rights Act in the United States District Court for the Northern District Of,; California ' The action was filed by Alex de Renzy and Phillip Skinner. Both are defendants .in a pending prosecution in the �Richmond Municipal Court for a violation of the California obscenity statutes. The complaint asks for a declaratory judgment that the California statutes are unconstitutional and further seeks an injunction to restrain the pending prosecution. Finally, the complaint seeks money damages in the amount of $100,000. This action is virtually identical to suits which are being filed by defendants in criminal obscenity cases -in other areas of the state. As you may recall,, I was sued in a similar action in July of this year in a case arising out of another pending obscenity case in the Richmond Municipal Court. Since the complaint names me both in my official capacity as District Attorney and as an individual, Jt is requested that the Board refer this matter to the insurance carrier in order that I will be furnished representation'asan 1—ndivJ--dual. My staff will represent me in--W official capacity Ace District Attorney and will handle the action insofar' as it seeks a declaratory judg- ment and an injunction. However, since the complaint also seeks money damages against me as an individual, I request that represen- tation be arranged for that "aspect of .the case . WAO:MJP:bl cc : John B. Clausen, County Counsel DA-51:IM:4/70 i SUMMONS IN A CIVIL ACTION CIV..l A= (Formerly D.C. Form No. 4S &ev. (4-49) Uniteb Otatee; �Mtrict Court FOR THE NORTHERN DISTRICT OF CALIFORNIA ;elvtA CIVIL ACTION FILE NO. �' •�' {�� C-70 2530 RFP � a' v� de RENZY and PHILLIP SKINNER,9 Plaintiff 8 SUMMONS V. WILLIAM A. 01MALLEY, District Attorney of Contra Costa County; ROBERT B. MURPHY, Chief of Police, City of Richmond; RONALD KERLEY and EAMiEST' CLEMENTS, police officers, City -of Richmond, individually and in their official capacitiess DOE ONE through DOE TWENTY, inclusive, Defendant 8 To the above named Defendants : WILLIAM A. 0'MALLEY9 ROBERT B. MURPHY, RONALD KERLEY and EARNEST CLEMENPS .You are hereby summoned and required to serve upon KENNETH LARSON plaintiff's attorney , whose address Pelletreau, Gowen, Moses, Portlier & Larson 2090- 23rd Street San Pablo, California 94806 an answer to the complaint which is herewith served upon you, within days after service of this summons-upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. --------------- Clerk ---- of Court. S. D0LJG A rDeputy Clerk. Date: ;; ,,;, , [Seal of Court] NOTE:—This summons is issued pursuant to Rule 4 of the Federal Rules of Civil Procedure. L. 1 KENNETH LARSON, ESQ. Pelletreau, Gowen,Moses, Porlier & Larson ORIGINAL 2 2090 - 23rd Street , San Pablo, California 94806 3 Telephone: '234-8890 Nuv 2 5 1970 4 CARTER J. STROUD, ESQ, 1746 Addison Street CLERK, U. S. DIST, COURT 5 Berkeley, California 94703 SAN FRANCISCO Telephone: 843-5232 6 Attorneys for Plaintiffs . 7 8 UNITED ST,-TES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 RF11 A C ® d ® 11 LEX de RENZY and PHILLIP SKINNER, No, 12 Plaintiffs, 13 vs . 14 WILLIAM A. O 'MALLEY, District Attorney TEMPORARY RESTRAIN of Contra Costa County; ROBERT B. MURPHY, ING ORDER 15 Chief of Police, City of Richmond; RONALD EERLEY and EARNEST CLEMENTS, 16 police officers$ City of Richmond, individually and in their official 17 capacities, DOE ONE through DOE TWENTY, inclusive, 18 t : Defendants . { 19 j" 20 I have read the complaint of plaintiffs and points and 21 authorities and it appearing to the court that a restraining orde 22 preliminary to hearing on motions for preliminary injunction 23 should issue for good cause shown, 24 NOW," THEREFORE, IT IS ORDERED THAT: 25 The defendants and each of them, their agents, 26 deputies, servants, employees, and all persons acting by, through 27 or under them, are hereby restrained from using in any way, films 28 seized by them from plaintiffs or from exhibiting them to, 29 potential witnesses , / 30 DATED : 1970. 31 W. T. Sw L; ERT 32 JUDGE ETREAU, GOWEN, 3ES & PORLIER 'TORNEYS AT.LAW 90-1380 STRCCT , n ^4/ 46LC:CALIF. 94806 1 Iii- Lri'�i mms cra' ESS':, Pallet reau,Gm:cn,Mn-nes, Porlier & Largon 2 2090 -- 23rd Street San Pablo,, California 94806 �'�3������ . 3 Tel.���Iion�s � 234-8890F1 L E E) 4 CAramn. J. STaiflM; ESQ. r 17.1G Addison Street 110V 2 5 197D 5 B^rk(-:l.oy, California .94703 Tolcxphonos 843 -9232 CLERrk, U. S. DIST. COURT 6 Attorneys for Plaintiffs SAN FRANCISCO 7 8 TSVI"I'El'3 STATES DISTRICT COURT 9 1'IURTi'lx M DISTRICT Cr- CALI OPMA 10 � 11 ALEX de RIMY and PHMIP, SxMk . 12 Plaintiffs, 13 V3. 14 TIMLIN4 A. 01NALIVZ, District Att6rnay of Contra Costa County; ROMRa' B. MIMPHY0 15 Chief of Police, City of Rich=rxj; RonwD 101niz.l ail nraw.-LST ammmse 16 Uralic;-- offitcrP, City of Richmond, . rdividually and in their official 17 =a,, DUE Glib through DOE T«, , 18 Defendants. 19 20 dMIPLAiirm r©R DECLARATORY JLMM,ON"7.', .y M,M, . .TXFOR nAMcr 21 22 Plaintiffs complain of defendants and for cause of 23 action alleges 24 I 25 g!jRxSDICT ' 26 to This is a civil action seeking declaratory relief, 27 3xjunction and damages a=r3 other appropriate equitable relief to 28 onjoin tho d€privation, under color of law of the State of 29 California, of Plaintiff3 S right3, privileges and ir=nities' 30 ursder the-United States Constitution. Jurisdiction is invokes 31 pursuant to 28 U.S.C, Settions 1343 (3) arra (4), 2201 and 2202; 32 42 U.Soff. Sections 1981 and 1983, and the constitution of tho PELLETREALI, OOWEN. . MOSES & PORLIER ATTOAN[TB T.LAW .' 4 ]090-]3NO BTN[CT BAN PABLO, CALIF. 941906 f' T[L[PNON[ 234-88913 - y Y• 1 united states and more particularly the First, Fifth, Thirteenth, x 2 rourtoenth and Fifteenth Amendments thereto. 3 :EY 4 PARVA 5 A. Plaintiffs s 6 2. Alexander Edward DeRenzy is an individual, a 7 eitizon of the united States and, a resident of Marin County, 8 California. He is in the business of producing motion pictures, 9 soma of which deal with the subject of erotic love, and from 10 approximately August, 1, 1968, to February 15, 1959, he wao in 11 the husinass of exhibiting the said motion pictures dealing with. 12 the subject of exotic lova at the Rio Theater located at 412 13 Macdonald Avenue in the City of Richmond,, County of Contra Costa, .14 California. 15 3. Phillip Skinner ie an individual, a citizen of the 16 United States -and a resident of the City and County of San 17 Fra=isco, California. Ho was the employee of the plaintiff, 18 A Oer Edward DeRenzy from approximately August 1, 1968, to 19 Faaiary 15,' 1969. 20 4. Each plaintiff sues on behalf of himself. -21 gr Defendants; 22 5. William A.' O'Malley- is the District Attorney of 23 Contra Costa County and, as such, is the chief prosecuting .24 officer of said county and of the City of Riond, California, 25 Wherein the Rio Theater is located . on information a=d belief 26 he ,a..citizen of the State of California and of tho United 27 States.- Ho is sued individually and in his official, capcity. 28 6. Robert B. Murphy is the Chief of .Police of 29 Ric" rd, California. On information and belief he is a citizen 30 of the state of California aro of the United States. He io sued 31 it dividually and in his official capacity. 32 7. Ronald Kerley is a member 'of the Richmond Police 'ELLETREAU, GOWEN, MOSES & PORLIER ATTORNCY■ AT.LAW A/ 7090-23R0 9TRC2 CT .. IAN PABLO, CALIF. 94606 , TCLCPNONC 234-0090 `'�' 1 Departtrent. On information and belief he is a citizen of the 2 state of California and of the United States. He ifl sued 3 individually and in his official. capacity. 4 £i. I:arnes- Clements is a member of the Richmond 5 Police Department. On information asd belief he is a citizen 6 of the State of California and of the United States He is sued 7 ir4ividually and 'in his official capacity. 8 9. Plaintiffs are ignorant of that true nam-as of 9 defendants sued no DOE ONE through DOH TIMM, inclusive.. 10 Plaintiffs will amend this complaint -to statetheir true nares 11 when the sate have been ascert:a ined. 12 IIY 13 10. At all the timer mentioned herein the Rio Theater . 14 wits a ca=erci al movie theater open to the public with a ticket 15 booth selling admission tickets, a large screen, theater coats 16 are the movie film etas shown by a professional projectionist 17 from a projection room* The ,said movie theater showed moving 18 pi+cturca dealing with the subject of, erotic love. andthe nature 19 and subject matter of the files were advortUed outside the thea- 20 ter axed in the local nmispaper. Identifications were checked .21 at the door and no one but consenting aduito uvre admitted to .22 the theater. 23 11. From approximately August 15, 1960, until. 24 Dwember 17, 1969, the plaintiff, Alexander Edcrard DeRcnzy, 25 operated the Rio Theater as a' public theater and had sham film . 26 depicting the subject of erotic lova without intesrferer c from 27 any person or goverir=ntal agency. Hcmmvor, on or about December .28 17, 1969, at the requeat of the Citizens for Decent Literature, .29 Incorporated, an Ohio corporation, and "various &nony=uts citi� 30 tens",, the said defendants and each of them eormpired and ag reed 31 to embark upon a plan azrd sc hem to .unconstitutionally deprive .32 the plaintiffo of their right to free expression and other rights PELLETREAU, GOWEN, MOSES & PORLIER ATTORNEYS AT LAW 3.. 7090-7380 STREET BAN PABLO, CALIF. 94806 TELEPNON9 234.6890 . ...... . ... ,. .. .. . ..-..... .:r-. :Y.y t .l. it�.•T 9 1 Y:i:;'. •;' i .. - .. , i I guaranteed to them under the First, Fourth, Fifth and Fourteenth 2 A=ndmnts to the Constitution of the United status. The 3 gurposo of. said scheme. was to run the plaintiff, Alexander 4 Wward DeRenzy, and hie employee, Vhillip.skinner, out of 5 business at the said Rio Theater, or any &erre else in the City 6 of R3ch=nd or the County of Contra Costa, 7 12. Oen or about Decernber 17, 1968, and on or about 8 Decembor 23, 1368, and on or about February 11., 1969, the 9 defendants and others presently .unknown to plaintiffo, conspired 10 can-ederated and agreed to a plan, scheme and .desic3n to harass, 11 int.LW4ate, prosecute and threaten to prosecute plaintiffs and 12 otherwise deprive plaintiffs of federally protected constitu 13 tional rights. 14 13. on or about December 17, 1.968, under color of a 15 search warrant issued by Judge Charles Baldvyin of the Municipal . 16 Court Of the RichmorA Judicial District, County of Contra Costa, 17 at tho request 'axsd by virtue of the Affidavit attested to by 18 dofer4lant, Raw=est Clem-nts, the said defendants E=nest .19 Clc arena is together with other membera of the RichmoW Police .20 Dcparrt=nt seized two reads of film from the said Rio Theater 21 'Jh1ch ,film had baen. shmm and wac in the process of being sham .22 to cozassrnting adults. .23 I4.- On = about D3cember 23, 1968, under color of a .24 search v mrrant issued by Judge Charles Baldwin of the Plunicipal 25 Court of the Richmond Judicial District, County of Contra Costa, 26 at tha request: and by virtuo of the.Affidavit awteotEd to vY :27 4ofc At, Ronald Kerley, the said defendant, Ronald Kerley, 28 'e ther with, other =zbara of the Ricluwr d Police Department 29 ized two rools3 of film from the 'said Rio Theater which film . 30 had baen shom and was in the process of boing showin to con entin 31 a4ults. 32 I5. on or about February 11, 19690 unaer color of a PELLETREAU, GOWEN, I MOSES & PORLIER ATTORN[YS AT.LAW _a, 2090•23RU BTR[[T BAN PAULO, CALIF, 941906 TrtttPNON[930-191990 a rr f, I search warrant issued by Judge navI4 Calfee of the Municipal 2 Court of the Ra�„chrond judicial District, County of Contra Costa. .. 3 of the request arA by virtue of the Affidavit attented to by 4 defendant, Ronald Kerley, the said defendant, Ronald Kerley, 5 togac•her with other =-agars of the Rfcb=nd Police Dapartraent 6 seises two reels of film from the said Rio Theater whish film 7 has been shown and was in than process of being shoe to 8 consenting adults. 9 16 At no t$= mentioned herein has there ever bon an 10 Overeary hearing held prior to the issuance of the said ,search 11 war=nts, or prior to t1te seizure of the said films and no adver- 12 nary hearing prior to the issuance of the warrant and seizure of 13 the fit= was ever offered to tha plaintiffs. 14 17. No arrests were made on any of the above occasions 15 ue the. film of the plaintiff, Alex DeRenay, ,w`ra seized, and 16 no.'.grimiml crt...Adivil complaint was filed against the plaintiffs 17 until February 18, 1969, 61 days after the first films .-=e 118 caimed vhern a '=Vloi,nt. tras f iled in the Ritl=nd VaLnieipal 19 Court, Contra Costa County, charging tho plaihtiffs with three 20 counts of violating California Penal Code Section 311.2. 2118. Throughout the period from Deceabcr 13,. 1958, when 22 the first seizure occurred to Feb3nmry la, 1916%, t hen t1re cam- ,23 plaint ala. filed, the deferrlants, and each of them, caused ramie 24 large numbers of the unifor d and plainclotheo c -2=,ra of the .25 Ricbmord rolice Departmcnt to eon into the plaintif`e " theater 26 arfi arbitrarily and without authority or invitation vita the 27 fil , , question patrons, and tat a names And v4dresees of patrons 28 and threaten the ,plaintiffs with arrest unless they exceed showing 2.9 the moving pictures depicting erotic love. 30 19. The defendants and each of them are executing and 3.1 implemi�nting a scheme and conspiracy to keep the plaintiffs from 32 enc, ging in the business of exhibiting film depicting the subject PELLETREAU GOWEN, MOSES & PORLIER ATTURN[Ye A7 LAW C 109d-93R0 BTRrLT J 0 BAN PAULO, CALIF. 94806 - TQLCPNONi 234-63890 f 1 of exotic love in the City of Richmoml and in the County of 2 Contra Coata, aWc defendants are executing and implementing 3 said scheme• ur4ex the color of Sections 311 and '311.2 of the Pena 4 Code of the State of California. 5 20. The plaintiffs have applied to tho Court of the 6 Stats of California for relief from the acts, of the defendants, 7 but the said state courts hava refused to order the return of 8 the film sseizcd by the defendants, or to find that the said 9 seizures were unconstitutional or to order the film suppressed 10 as. evidence, .and plaintiffs have exhausted all .of the appellant 11 procedures provided by statute in tho courts of the State of 12 California. ' 13 21. Plaintiffs are still faced with the trial in the 14 mmicipal Court of the JUdieial District of the City of Riclmond, 15 and further proceedings. are now sat for December 17, 1970, and 16 unIons this cqurtacts, the defendants will proceed with their 17 coiaspiracy and schema "to deprive the plaintiffs of their sronszti- 18 tutional rights through the process of said court. 19 22. The defendants have illegally and without .20 the cowent or permission of the plaintiffs caused a no-called 21 "expert witness", Mr.. T.csriis Noltimie7r, to view said f ilnrt while .22 they ware illegally in the custody of the said defendants, and .23 now t =eraton to use the testimony of said "Witness" agai,rut the 24 plaintiffs in the criminal proaccution tnow pending agaimt them 25 in the jrur$ jpa1 Court for .the JUtlicial District of the City of 26 Ricb=nd o 27 . ,23. Plaintiffs axe informed and b-limen that no magic- 28 trato saw any oil the filirs in question prior to seizure. 29 .24. Plaintiffs allege that t2%e invasion of the premises, .30 the arrests, and seizures of his property consfiituto an intor- 31 fermi® with his constitutional riSts in that: 32 (aa)' The fid seized i4cre protected by the Pirsst PELLETREAU, GOWEN, MOSES & PORLIER ATTOPN[Y0 AT.LAW 2090-23RD OTN[[T 6. BAN•PABLO, CALIF. 94806 T[L[PNON[ 234-0090 7 1 Amendment. 2 (b) said films were illegally seized: 3 (c) 'Plaintiffa; were deprived of liberty and 4 property without due process of la«a 5 25. 35hhe actions of defendants constitute a violation of 6 plaintiffs' civil riots secured by the Federal Civil Rights Act, 7 42 United states Code. 8 The invasion of plaintiffs' property constitutes a 9 pattern of delibtxate,, cons3istent and unlawful harassmnt of 10 plaintiffs ' lat-rful business . 11 26. There presently exists between plaintiffs and each 12 defendant herein, actual controversy in respect of which 13 plaintiffs need a declaration by the court. 14 V11WW0 ,, plaintiffs pray:: 15 1. For declaration that the filmz3 are not obscene. 16 2. For declaration that. films seized on December 13, 17 19684 Deer ,23, 1968, and February. 9,1, 19691 were illegally 18 Seized. 1.9 3. That defendants, their representatives, agents, 20 ,servants and attorneys be enjoined and restrained by pornmanent '21 inju=tion of this court From prosecuting plaintiffs under Penal 22 Code Section 311.2 arising out of said unlawful invaciorw. 23 4. That defendants be ordered to return plaintiffs" 24 prop=ty. 25 'S. That defendants, their agents, servnts, representa- 26 tivon ar.._attorneys be enjoined and restrained fsrcm any use what- 27- hat27 v=var of any and all materials obtained as a result of the 28 illegal seizures. 29 6. That pending determination of pray-or or order of 30 rmanent injunction, issue preliminary injunction and tcmForary 31 restraining order prohibiting defendants from using the film3 32 for any purpove, .including, but not l.imitc d to, displaying teem PELLETREAU, OOWEN, ` MOSES & PORLIER ATTORN[YS AT LAW 3090.73RD RTRIM • UAN PAULO,CALIF. 941906 TRUtPNON[ 234-0890 r••. , j• - t: .,,.. ..,.fro 'i ,,r a, .�„ .4y• -i" ? ,..,,:^ .>;,y W. Z ... .,i",`• 1 to prospective prosecution witnesses. 2 7. That damages be awardaid in the st.-+ of $100. 000.0006 3 £i.� That plaintiffs recover costs of r° .t. 4 9. ror such other relief as to the +court deems proper 5 ax4 just. 61 TA' 'a NNovember 24, 1970. 7 8 _KENNETH LARSON MO *MM LA12SQN, of 9 PeIletreau,Ct vmn,Xoses.Porlier & Larsoxi -10 11 CARTER J. STROUD 12 Attorneys for Plaintiffs 13 14 DATM s NoVe er2,4 1970 15 ALEX DE RENZX 16 ALMC DeRenzy 17 18 I9 20 21 ; 22 23 24 26 27 28 29 30 31 32 ` a } Pj • Yr,t a e � 4 ,M 'r 1 ... .. :x+u%+.`:marr.TK�.Hnpp ".- r+«�*r.�a.ar•.r- x-. i f 1 VERIFICATION s 2 Alex de Renzy, being duly sworn, deposes and says that y 3 he resides at #1 Highland, San: Rafael,, California; that he is the t 4 plaintiff herein; that he has read the foregoing Complaint and 5 knows the contents thereof and that the same are true of his own 6 knrnaledge except as to the matters therein stated to be alleged 7 on information and belief, and as to those matters he believes 8 them to be true. 9 Dated' this 24th. day of November, 1970, in San Rafael, a . 10 California. . 11 s/ Alex de Renzy Alex de Renzy r' 12 13 14 . 15 n - v 16 !1 17 STATE OF CALIFORNIA ) ss 'yI 18 COUNTY OF MARIN ) 19 On this 24th day of November, 1970, before me, 20 DORIS E. DIETZ a Notary Public, State of 21 California, duly commissioned and sworn, personally appeared 22 Alex de Renzy, ' known to me to be the person whose name is sub- 'r 23 scribed to the within instrument and acknowledged to me that he .24 executed the same. 25 IN WITNESS WHEREOF I have hereunto set my hand and 26 affixed my official seal in the County of Marin the day and year 27 in this certificate first above written. 28 2.9 DORIS E. DIETZ (SEAL) r 30 Notary Public, State of California My Commission expires 2/17/73 31 32 I PELLEYREAU GOWEN, MOsts & PORLIER ATTGPM[ S AT LAW BAN PAOLQ, CALIF. 94806 ' T1tLtP"0MK 134-0090 - -�/ 1 KENNETH LARSON, ESQ. -•^r, Pelletreau,Gmien,Moses,Porlier & Larson �s� 2 2090 -' 23rd Street San Pablo, galifornia 94800 ,. 3 Telephone: 234—`8890 (�A?CI'NIAL I�OV 197D F ILEA 4 CARTER J. STROUD, ESQ. DI i. COURT 1746 Addison Street '10V 2,, '"Re7;D S't.'� 1./'i,'VCi Cel 5 Berkeley, California 94703 Telephones 843-5232 ,�. 6 Attorneys for Pl.aintif Rzt, I S.. D1131 C0URT �,11:I rn' 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA ' 10 7 U o � �11 �,� •de RENZY and PHILLYP SICINgIFsR, N 12 'Plaintiffsa 13 vs. 14 WILLIAM A. O'`MAL'LEY, District Attorney of Contra Costa County; ROBERT .B. MURPHY, 15 Chief of Police, City of Richmond: R01MD KERLEY and EARNEST CLEMENTS, 16 police officers, City of Richmond, individually, and in their official 17 capacities, DOE ONE through DOE TWENTYB inclusive. 18 Defendants ' 19 �. 20 MOTION FOR PRELIMINARY INJUNCTION 21 TO THEDEFENDANTS ABOVE--NAMED: �$, 22 PLEASE TAKE NOTICE that on C- a 23 at the hour of �� � � :m. or .as soon thereafter as the 24 matter ma be heard, in Department of the above Y f----- 25 entitled court, the. plaintiffs 'will move the 'court for its orders 26 as follows: µ 27 A. That the defendants deliver to the plaintiffs' .28 attorneys each and every film and copies of film which. the 29 defendants have seized from the plaintiffs'. premises located at 30 412 Macdonald Avenue, Richmond California, without the benefit 31 of an adversary .hearing. 32 B. That 'the defendants be enjoined from any use 1 -PELLETREAU, OOWEN, MOSES.& PORLIER ATTORNEYS AT LAW : - ]D9D-73RD STREET . DAN PABLO, CALIF. 94806 Z ... 1 whatsoever of any and all materials obtained as a result of the , 2 seizure of the films from the plaintiffs' place of business at 3 412 Macdonald Avenue, Richmond, California. 4 C. That the defendants be enjoined from prosecuting 5 the plaintiffs under the provisions of California Penal-. Code 6 Section 311 and 311.2 until the constitutionality of the statute is determined by this court. 8 The above motion for preliminary injunction" and orders 9 will be made on the following grounds each and all: 10 1. The prior invasion' of plaintiffs' premises -and the 11 seizure of plaintiffs' property on such dates as is more fully 12 described in the Complaint on file herein, constitutes an inter- 13 ference with 'their constitutional rights'." 14 2. The actions of defendants 'as more particularly 15 appears in the Complaint filed herein, constitutes ra violation of 16 plaintiffs ' civil rights secured by 'the',Federal Civil Rights Act, 17 42' United States Code, §§ 1981 et seq. 18 3. The invasion of plaintiffs' property on or about 19 December 13, 1968, December 23, ,1968, and February 11, 1969, 20 taken together, constitute a pattern of deliberate, consistent 21 and unlawful harassment of plaintiffs ' lawful business activities 22 for the express purpose of driving plaintiffs out of business. 23 Unless restrained, defendants will continually inter- 24 fere with plaintiffs ' constitutional rights and statutory rights 25 and will unlawfully invade plaintiffs' property as set forth 26 above and more particularly described in the Complaint filed 27 herein@ immediate' and irreparable injury will result to the 28 plaintiffs by reason of the threatened action of the defendants. 29 The plaintiffs have no adequate remedy at law. 30 Dated: November a e 1970. 31 n1 X(e neth Larpon ACEI 7 ,TH LRRSOO, of 32 pelletreau,Gowen,T-loses,Porlier & Larson PELLETREAU, GOWEN, �s/t�C�:.Carter J. Stroud MOSES & PORLIER �{.aR ER Yeo} a`T. OUD ArTURNICY2090.238 AT,LAW ' Attorneys for Plaintiffs 7090•]7A0 9TF[tT BAN PABLO, CALIF. 94856 a2r T[LCPHOH[ 334-0090 ,..µi ... .n7 7�7­1, ": s n o, ye' r .,... .•hq r y :r..:p 7577 f ' !Gil ;i F 1 L �+ i 1 KENNETH LARSON, ESQ. NOV2 JSP Pelletreau,Gowen,Moses,Porlier & Larson 2 2090 - 23rd Street San Pablo, California 94806 ' t,Zt.{lf+, (J, S. Dist, ('oilfiT 3 Telephone: 234-8890 ,, ' �na F►,nNcXco 4 CARTER J . STROUD, ESQ 1746 Addison Street 5 Berkeley, California 94703 Telephone: 843-5232 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT g NORTHERN DISTRICT OF CALIFORNIA ' 1 r i V 630 '11 ALEX de RENZY and PHILLIP SKINNER, No. i 12 Plaintiffs . 13 vs . 14 WILLIAM A. O 'MALLEY, District Attorney of Contra Costa County; ROBERT B.'IMURPHY,; 15 Chief of Police, City of Richmond'; RONALD KERLEY and EARNEST CLEMENTS, 16 police officers, City ,of Richmond, individually, and in their official 17 capacities, *DOE ONE through DOE TWENTY, inclusive, 18 Defendants . 19 — f 20 NOTICE OF MOTION FOR ''PRELIMINARY INJUNCTION 21 TO DEFENDANTS ABOVE-NAMED: PLEASE TAKE NOTICE that the undersigned will bring 22 g g the 23 attached Motion for a preliminary, injunction on for hearing 24 before ROBERT F. PECKHAM for such. other judge who 25 may be sitting. in his place and stead, in the Courtroom of the 26 United States District Court for the Northern District of Calif- 27 ornia, located at 450 ';Golden Gate' Avenue, San Francisco, .Calif- 28 ornia, on 19 , at m. 29 or as soon thereafter .as counsel may be heard. 30 Dated; November L-P 1970 , ;:Z 31 KENNETH LARSON, of 32 Pelletreau,G wen,Moses,Porlier & Larsoi _LETREAU, GOWEN, CART J. STROUD OSES & PORLIER ,ITTORN"S AT."L.W Attorneys for :'Plaintiffs 4$=OOO•.3R0 2,T , p,AOld, CALIF, 94806 - ... . .. ....,..., ....;:.. .,777 t F :.y. rk.M ,.F,,-.. i . KENNETH LARSON, ESQ. Pelletreau,Gowen,Moses, Porlier`, & Larson 2 2090 - 23rd Street San Pablo, California 94806 QRIGINAL f 3 Telephone: •234-8890 CS' 4 CARTER J. STROUD, ESQ. 1746 Addison Street eCalifornia 94703 5 Berkeley,` Ca COUP,T Telephone: 843-5232 CRk ! . S. DIST' 6 Attorneys for Plaintiffs , FRA C4SCO !, 7 i l g UNITED STATES DISTRICT COURT g NORTHERN DISTRICT OF CALIFORNIA 10 I1 ALEX de RENZY and PHILLIP SKINNER, No. 12 Plaintiffs', . 13 vs . 14 WILLIAM A. O 'MALLEY, District Attorney' of Contra Costa County; ROBERT'' B. MURPHY, 15 Chief of Police, City of Richmond; RONALD KERLEY and EARNEST CLEMENTS, 16 police officers, City of Richmond, individually, and in their official 17 capacities, DOE ONE . through DOE TWENTY, inclusive, 18 Defendants . f 19 20 POINTS AND AUTHORITIES IN SUPPORT OF ACTION FOR TEMPORARY RESTRAINING ORDER,. PRELIMINARY 21 INJUNCTION, PERMANENT INJUNCTION, FOR DECLARATORY RELIEF AND FOR DAMAGES 22 23 JURISDICTION 24 This Court has jurisdiction of this matter and can 25 issue injunctions, render declaratory 'belief and other relief. 26 42 U.S .C.A. § 1_982; •Natali v. Municipal Court, Civil No. 50737; 27 Demich v. Alioto, Civil No. 51993; Alex de Renzy v. Cahill, 28 Civil No. 52001; and Demich v.''. Ferdon,, Civil No. C70-258, and 29 Points and Authorities filed thereunder are expressly incorporate 30 by reference herein. k ' 31 THE CONSTITUTION REQUIRES 32 -PRIOR ADVERSARY HEARIINGS BEFORE SEIZURE OF FILMS -1- r PELLETREAU, GOWEN, c MOSES & PORLIER , f ATTORNEYS AT LAW - ]O90.]3RD-STR BAN PABLO, CALIF. 94006 - ..:.,. ...z..,.t y q v " 1 F I • 1 _ ` it t - 1 I See authorities cited above .and Metzger v. Pearcy, 2 393 F.2d 202 (7th Cir. 1968) and Tyrone V. Wilkinson, 410 F. 2d 639 3 (4th Cir. 1969) ; Cert. denied 38 L.W. 3222; Bethview Amusement 4 Corp. v. Cahn, 416 F.2d 410 (2d ;Cir. 1969) , Cert. denied 38 L.W. 5 3320 (2/24/70) ; Delta Book Distributors v. Cronevich, 304 F .Supp- 6 662; Sokolic v. Ryan, 304 F .Supp. 213; Cinema, Inc. v. Vergari, 7 398 F.Supp. 1175 (S .O.N.Y. ) , reversed without opinion by 2 C.A. , 8 Cert. denied 38 L.W. 3193 (2/27/70) . 9 Dated: November .6?6 , 1970 . 10 KENNETH LARSON of 11 Pelletreau,Gowen,Moses,Po lier & Larson 12 CAR J. ST O 13 Attorneys for. Plaintiffs ' 14 - 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 _2_ PELLETREAU, GOWEN, .MOSES & PORLIER Ar'rDRNCVO AT LAW 1090.23SO STRCCT SAN PABLO. CALIF. 941306 T[Lfn1,ON[ "134-{]070 _•'?k-+v '-'i L ,.. - i y S. Firy'i-. '_ i p., • - .� j e 1 KENNETH LABS ON, ESQ. 0 'AZ i�,A A'�"• FED Pelletreau, Gowen,Ploses, Porlier & Larson` •� -� 2 2090 - 23rd Street San Pablo, California 94806 NOV 2 :) 197D 3 Telephone: ' 234-8890 Cr Ftp t, U. S. Q(ST. COURT 4 CARTER J. -S TROUD, ESQ SA I Fn 1 �nS�31746 Addison Street w 5 Berkeley, California 94703 Telephone: 843--5232 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA t 10 11 ALEX de RENZY and PHILLIP SKINNY' e¢ ' , 12 Plaintiffs, 13 vs, 14 WILLIAM A. O 'MALLEY, District Attorney of Contra Costa County; ROBERT B. MURPHY, 15 Chief of -Police, City of Richmond ; RONALD KERLEY and EARNEST CLEMENTS, 16 police officers, City of Richmond, individually and in their official 17 capacities, DOE ONE through DOE! TWENTY,, inclusive, 13 Defendants . 19 / 20 NOTICE OF RELATED CASES 21 Now comes KENNETH LARSON, of `the law firm of Pelletreau 22 Gowen,Moses, Portlier & Larson, one of the attorneys for the 23 plaintiffs herein, and gives notice that there is, pending before 24 this court a case which under Local Rules of Practice 101 (b) (3) 25 is a case which is related to the above entitled case. 26 The information concerning .the related case required . by 27 the rules is as follows : 28 1. Titles JARTECH, INC. vs .' WILLIAM A O'MALLEY et a 29 2 . Number : C-70 1433 SAW 30 3 . Filing Date: July 7, 1970 31 4 . Statement of relati_onshi ` : . 32 Both cases arise out ',,of the seizure by the defendants "1"%-LETREAU• OOWEN, MOSES 3 PORUER - �" . •Tl 11.Nh11 AT LAW ,,, 1 i010•]lgp DTq[[T � ,�._•-+i o�ill0.C'�IIF, !14006 <;"w.1 , v . �s 1 of movie film under California Penal Code Sections 311 and 311.2,, 2 without the benefit ,of an adversary hearing prior to the seizure. 3 The theory' of both cases is the same in that both claim relief 4 under 28 U.S .C. Section 1343 (3) and (4) , 2201 and 2202 Civil . 5 Rights Act. The defendants in both actions are substantially . 6 the same, i.e., the District Attorney of Contra Costa County, 7 the Chief of Police of Richmond and various Richmond Police 8 Officers. The issues raised by both cases are identical, in 9 that both cases challenge the constitutionality of the seizure 10 of film, and the state statutes defining and punishing the 11 dissemination of "obscene matter, " The preliminary relief re- 12 quested in the above entitled case is identical -with that 13 requested in a similar motion 'in the related case. 14 1 believe that the 'a'ssignment. of this case to the same 15 judge that now has the related case is -likely to effect a sub- 16 stantial saving of judicial effort because the same result should 17 follow in both cases . 18 DATED : November 24, 1970. 19 20 KE LTII LAM ON, of 21 Pelletreau,Gowen,Moses, Porlier &. Lars, 22 23 DATED: 1970. 24 25 JUDGE 26 27 28 29 30 31 32 PELLETREAU, GOWEN, MOSES & PORLIER ATTORN[ 9 AT LAW 2 . 1090.73RD OTRC[T S411 PAOLO. CALIF. 94806 7 . 1 KENNETH LARSON, ESQ. ,� Pelletreau,Gowen,Moses,Porlier & Larson C)Raj :�INAL 2 2090 - 23rd Street F I Via, E D San Pablo, California 94806 3 Telephone: 234-8890 N 0 V 2 5 197. 4 CARTER J. STROUD, ESQ.1746 Addison Street � 'U� �{, . S. DISI. COURT 5 Berkeley, California 94703 ' 11 Telephone: 843-5232 6 Attorneys for Plaintiffs • x 7 g UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA IR F 14 11 ALEX de RENZY and PHILLIP SKINNER, No. 12 Plaintiffs, 13 vs . 14 WILLIAM A. O 'MALLEY, District Attorney of Contra Costa County; ROBERT B. MURPHY, 15 Chief of Police, • City of Richmond; RONALD KERLEY and EARNEST CLEMENTS, 16 police officers , City of Richmond, individually, and in their official 17 capacities, DOE ONE through DOE TWENTY, inclusive, 18 Defendants . 19 / 20 APPOINTMENT OF PRIVATE PROCESS SERVER . 21 Pursuant to local rule ;number 12a the rule 'of 22 practice for this Judicial District, Cecii ' s Messenger Service, 23 or any of its authorized agents or employees of legal age, not 24 an attorney or .party in this action, is hereby authorized and 25 appointed to serve Summons and Complaint " and any -other pleadings 26 in this action. 27Dated: November 1970 . -" 28 Clerk of the Court 29 C4 ,C. EVENvEN 30 By'`Deputy Clerk 31 MICHAEL WEINDORF 32 _LETREAU. GOWEN, OSES & PORLIER 4 ATTORNEYS AT LAW i 20913.23RO STREET PABLO. CALIF. 94806 y r .oNc 224.0690 y ti 7777`77777 ., aft. .. h� I KENNETH LARSON, ESQ. Pelletreau, Gowen,Moses, Porlier & Larson NON 2 5 j9�J9 2 2090 - 23rd Street San Pablo, California 94806 (j. Sr� 3 Telephone : 234-8890 "v� lillf� i '�y,���R._ % 4 CARTER J. STROUD, ESQ. 1746 Addison Street 5 Berkeley, California 94703 Telephone: 843-5232 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA ---���• 10 C =10 11 ALEX de RENZY and PHILLIP SKINNER, No 12 Plaintiffs, 13 VS . 14 WILLIAM A. O'MALLEY, District Attorney of Contra Costa County; ROBERT B. MURPHY, 15 Chief of Police, City of Richmond; RONALD KERLEY and EARNEST CLEMENTS, 16 police officers, City of Richmond, individually and in their official 17 capacities, DOE ONE through DOE. TWENTY, inclusive, 18 Defendants . 19 20 CERTIFICATION OF APPLICANTS ' ATTORNEY 21 KENNETH Ll.iRSON hereby certifies under penalty of 22 perjury that he telephoned Deputy District Attorney Michael 23 Phelan and informed him that the application for a temporary 24 restraining order would be made . Mr . Phelan was not interested 25 in appearing. 26 I also attempted to contact Mr . James O'Drain, Richmond 27 City Attorney, but I was not successful . No other attorneys to 28 my knowledge' have any interest in this application. 29 DATED :' November 25,. 1970. 30 31 'OENNE-TH LARSON, of 32Pelletreau,Gowen,Moses', Porlier & Lar:;. CLLETREAU. GOWEN, P•!OGEG & PORLIER •rrpANRtO wr l.w lov0•7!10 Ora CCr f:. r..Ilio. c-ur. `.t.t!t16 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : LARRY LEE Address.: 608 W. 12th Street, Antioch, California Attorney : DAVID A. DOLGIN, of CONDON,' DOLGIN, KULLY & JAMESON P. 0.. Box 1111, Martinez, California 94553 Amount : $100,000 Date Filed : November 13, 1970XCJ�X By mail , postmarked 1_1-12-70 (certified mail ) I . FROM : Clerk of Board of Supervisors TO : County Counsel ' s Office 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 : Nov. 13, 1970 W . T . PAASCH , By "Dor'oa Deputy II . FROM : County Counsel ' s Office 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 : ( '4) County ' s general insurance carrier ;. ( ) Other insurance carrier ;. ( ) County Counsel . DATED : �- —70 JOHN B . CLAUSEN , B , Deputy III . FROM : Clerk of Board of Supervisors TO : (1 ) Public Works Department , Attention Business & Services Manager (2 ) County Counsel ' s Office Attached are copies of above claim which was .REJECTED by the Board of Supervisors on November 24, 1970 (copy of Board Order also attached ) . Please forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on November 24, 1970 , and memo thereof filed and endorsed on claim, per Government Code Section 2 ,703 . p s DATED : Nov. 24. 19.70 W . T . PAASCH , By Doro 4 Larini Deputy IV . FROM: (1 ) Public Works Department (2 ) County Counsel ' s Office TO : Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order , and forwarding endorsement III . DATED : Nov. 24- 1970 Public Works , By 7LJG Z DATED : Nov. 2)a, 1970 County Counsel , By �� November 24, 1970 Condon, Dolgin, Kully & Jameson Post Office Box 1111 Martinez, Ca:lifornia� 94553 Attention l4r. David A. Dolgin Gentlemen: Enclosed is a certified copy of an order adopted by the Board of Supervisors on this date, denying; the claim which was filed by you on behalf of your client, Larry Lee. Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzar. ini Deputy Clerk dl Enclosure IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE !OF CALIFORNIA Novyembgr 24. 9 1970 In the .Matter of Claim for Damages . }, LARRY LEE,, 608 W. 12th Street,, Antioch Califorha. through his attorneys Condon., Dol:gin. Kully. Jameson,' Pst Olt Box 1111 tinezi Californian . having filed with 'this Board ''on November �13 9 19�, claim for damages in the amount of $ oo,Opp ; NOW, THEREFORE, on motion of Supervisor J. .P. fenny , P seconded by Supervisor' J. E. Moriarty , IT' IS BY THE BOARD ORDERED ,that said claim is hereby DENIED.. . f The foregoing ,order was passed by the following vote of the N Board: AYES Supervisors J. P. Kenny, J. `H. Mdr arty, . A. Li.nsche?d, T, 'J. Coll NOES : None.. ABSENT : Supervisor A. X. Dias. ,f I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said; Board of, Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 2 th day ofV'r�venber , 19_Y0 . W. T. PAASCH, CLERK By DoroWL4z , ini. Deputy Clerk cc : Claimant Administrator Public .Works (3) Attention Mr. Broatch. County Counsel Sheriff Form #8 70-3-500 NOTICE OF CLAIM AGAINST THE COUNTY OF CONTRA COSTA, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA TO THE COUNTY OF CONTRA"COSTA, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA.- 1. ALIFORNIA.1. You are hereby notified'' that LARRY LEE whose address is 608 W. 12th Street, Antioch, California,' claims damages from the. City of Antioch in the sum of $50,000 compensatory damages and $50,000 exemplary damages. 2. This claim is based on personal injuries, false arrest and false imprisonment sustained by claimant on or about August 160, 1970 in the City of Antioch, 10th Street Park, when he was, struck with force and with malice by Dale Phillips, an undercover police officer employed by defendants City of Richmond, City of Antioch and County of Contra Costa. , 3. The physical injuries sustained by claimant are, to, his head. 4. Damages claimed to the date of this claim are ,$50-;000 compensatory damages and $50,000 exemplary damages. 5. ; All notices or other communications in regard to this claim should be sent. to CONDON, DOLGIN, KULLY & JAMESON,- . 0:.. . Box 1111, Martinez, California 94553. Dated: November 12, 1970 LARRY LEE . . By, DAVID A. DOLGIN Claimant' s Attorney L E 0 ' NOV .13 1970 W. T. PAASCH CLERK BOARD OF SUPERVISORS A COSTA qo-. py „ Doputy ` y u '4 X cn tit► UN 0 O A 0 v ° p v oN �.� ° � N coo co 1 \ r o1r A Za x o u» 1 011 V d � i r 4 ` us y/4 Z w o V4. was O a Z CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements j Claiman : WILLIAM HAROLD SMITH Address :i c/o Thomas F. Doyle, 1231 lrarket St., San Francisco Attorney: THOMAS F. DOYLE, Amount : $150,000 ^ Date Filed : October 29, 1970 By mail , postmarked 10-28-70 I . FROM : Clerk of Board of Supervisors TO : County Counsel ' s Office Attached is a copy of the above claim . Is it sufficient and does it comply substantially with Government Code Sections 10 and 910 . 2? DATED : October 29, 1970 W . T . PAASCH , By Doro T L arini Deputy II . FROM : County Counsel ' s Office TO : ! Clerk of Board of Supervisors Above claim complies substantially with Government Code j Sections 91O- and 910 . 2 . -- — Above claim. FAILS to comply substantially with said Sections : i O 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 ; ( ) County Counsel . DATED;: 29 Z 970 JOHN B . CLAUSEN , B'.��/lG�h ,�.l.� Deputy \ III . FROM : Clerk of Board of Supervisors TO :j (1 ) Public Works Department , Attention Business & Services Manager . (2 ) County Counsel ' s Office Attached are copies of above claim which was REJECTED by the Board of Supervisors on November 17, 1970 (copy of Board Order also attached ) . Please forward this claim to the County ' s general insurance carrier (or ) . i Claimant notified of this action per Government Code Sec- tion 913 on Npirember 17, 197o, and memo thereof filed and endorsed on claim, per Government Co a Section 9703 . DATED . November 17, 1970 W . T . PAASCH , By Doro La ri�n t-= Deputy IV . FROM: (1 ) Public Works Department (2 ) County Counsel ' s .Office TO : Clerk of Board of Supervisors t This acknowledges receipt of 'copies of above claim and/or board order, and forwarding endorsement III . DATED : Nov . 17, 1970 Public Works , By DATED : Nov , 17,,_1970 County Counsel , By j i . IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA November 17 In the Matiter of ) Claim for ;Damages. I ) WILLIAM -HAROLD SMITH, c/o Thomas .�'. Doyle, 123.1 Market Street, San :Francisco, California, through his attorney, Thomas F. Doyle, having filed with this Board on October 29 , 19_70 , claim for damages in the amount of $ 150. 000 ; NOW, THEREFORE, on motion of Supervisor ` A. M. Dias , seconded by Supervisor E. A. Linscheid , IT IS BY THE BOARD ORDERED that saidlclaim is hereby DENIED. The foregoing order was passed by the following vote of the Board: I . AYES : Supervisors J. P. Kenny, A. M, Dias, E. A. Linscheid, T. J. Coll. NOES : None . ABSENT : Supervisor J. E. Moriarty. I . J I HEREBY CERTIFY that the foregoing - is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. i j Witness my hand and the Seal of the Board of Supervisors affixed this 1_ today of November , 19��,. W. T. PAASCH, CLERK By Dore y L arini Deputy Clerk cc : Claimant Administrator Public Works (3) Attention Mr. Broatch County Counsel Sheriff Form #8 70-3-500 November 17, 1970 Thomas F. Doyle Attorney at Law 1231 Market Street San Francisco,, California 94103 Dear Mr. Doyle: ' Enclosed is a certified- copy of an order adopted by the Board of Supervisors today, denying the claim of your client William Harold Smith. Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk Enclosure NOTICE OF INSUFFICIENCY To: William -Har.-old . Smith c%o Thomas F. Doyle 1231 Market Street- .7-San Francisco, California 94103 { Please Take Notice as follows : I The claim you presented against 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 a. The claim fails to state a cause of action against the County of Contra Costa or any employee thereof. 2 . The claim was not presented within the time limits j prescribed in California Government Code Section 911.2 . X 31. The claim fails to state the name and post office address of the claimant . 4'. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent . 5!. ' The claim fails to state the date, place or other circum- stances of the occurrence or transaction which gave rise to the claim asserted. 61. The claim fails to state the name(s) of the public employee(s) causing the injury, damage , or loss , if known. 7: The claim fails to- state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage, or loss so far as known, or the basis of computation of the amount claimed. 8 The claim is not signed by the claimant or by some person on his behalf. 9 Other: I JOHN B. CLAUSEN, County Counsel fi4 Y+12 9 1970 ByOo / ah W. T. PAASCH Deputy County Counsel CL KB ARD OF SUPERVISORS TRA COSTA CO. CERTIFICATE OF SERVICE BY MAIL (C.C.P. § 1012, 1013a, 2015 .5 ; Evid.C. §§641, 664) My business address is the County Counsel's Office of Contra Costa County, County Court House, P. 0. Box 69,. Martinez, California 94553 , and I am a citizen of the United States , over 18 years of age , employed in Contra Costa County, and not a party to this action. I served a true copy' of this Notice of Insufficiency by placing it in an envelope(s) addressedas shown 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. per,jury that the foregoing is true and correct . Dated: October. 30,. 1.970 - , at Martinez, California. - cc: alifornia. -cc: Clerk of Board, of. Supervisors Public Works Department CC-33:250: 7/70 (Notice of Insufficiency of Claim; Govt .C. §§910 , .910 .2 , 910 . 4, 910 . 8) gliomas F. Doyle d. Pentliouse-San Franciscan _.. Norbert F. Doyle 1231 Market Street San Francisco,California 94103 { TelePhone 863-6700 r Area Code 415 October 27 , 1970 r LV CE Board, of Supervisors L Contra Costa County Contra Costa County Carthouse A A Martim.z i Californ,i-a ,94553 T o�EaKco TF,$A-cO A.00. Bywl Rhe: Claim of William 'Harold Smith y Gentlemen*. E closed hereinp lease 'find Claim, A..g ainst,� the, State of California and Contra `'Costs County on behalf of William Harold Smith. very truly yours , THOMAS F.. DOYLE I r TFD s pb Enclosure . r r { r E CLAIM AGAINST THE STAT, OF CA LIF ORNIA. .AND CONTRA COSTA COUNTY Charter Section 87 and Government Code Sections - 910 to 1611 .2 require that all claims must be presented to the Controller or to the Clerk of the Board or Supervisors Within 100 dads froill date of accident . CLAIMANT!$ .NAME WILLIAM HAROLD SMITH CLAIMANT°S ADDRESS c/o THOMAS, F , DOYLE , TELEPHONE 863-6700 1231 Market Street , S :F. Calif. AMOUNT OFII CLA_IM $150 ,000.00. 1 ADDRES �O WHICH NOTICES ARE TO BE, SENT 231 Market Street , Saiz Francisco , Calif, 94103 DATE. OF .00CURRENCE. July 11 , 1970 LOCATION 01 OCCURRENCE Contra Costa County , River Judicial District HOW DID IT OCCUR Claimant was injured when agenti of the State of Californid and of Contra Costa County didi while in the course and scope of their employment , strike claimant either, deliberately or accidentally. Claimant was further deprived of his civil rights by being det4!ined unlawfully , for -an illegal ', period of time without the benefit of his rights as guaranteed by law. DESCRIBE INJURY OR DAMAGE Claimant sustained injuries to his face , head ,. nerVous system and further . sustainea emotional disturbance . NAME OF P"tcLIC EMPLOYEE (S ) CAUSING INJURY '', OR DAl�_AGE, IF ENO"vLIT Officers N��WBY, YOUNG as well as other California�, Highway Patrol Officers . and employ Ices of the jail in which claimant was incarcerated. l ITEMIZATION OF CLAIM (List items totaling amount set forth. above ) Bodily in juries $ 50 ;000. 00 j i i Punitive damwes $ 501000. 00 x ,J i Depxiva-UioI of civil riqhts $ 50 ,,000.00 OCT 2 5 i97 W. T. P'1AASCH CLERK BOARD OF SUPERVISORS $ CQNTRA COSTA CO. L22L De ut P Y 1�5 t TC11_AL ,Q. 0,000.ti0 Signed by o,_ on behalf of Claimant Attorney for Clai m 6t i o z {{ r x N V Til 0 00 0 cn a 0 O O ua hrS � jp 1N ul UlO Q OU U N � p 0 0 o i w 11 N w cn /°f i a 1 IN THE BOARD OF SUPERVISORS i OF CONTRA "COSTA COUNTY, STATE OF CALIFORNIA November 17 1970 In the Mater of ) Claim for' Damages. } '.TODD EUG, TE SCRUGGS, through his father P4 guardian ad litem, F'RAITK SCRUGG:S, C�870 Yendall Court, Martinez, California by and through their alto rneV, Curt J. Cooper, Attorney at Law, 1615 Bonanza Street, Tfialnut Creep, California., having filed with this Board on NoveMber 17 , 1,92L_, claim for damages in the amount of $ 3,000 9 as of date of presentation; I NOW, THEREFORE, on motion of Supervisor A. M. Dias , seconded .by Supervisor E. A. Linscheid , IT IS BY THE BOARD ORDERED that said claim is hereby DENIED, The foregoing order was passed 'by the following vote of the Board : j AYES : Supervisors J. P. Kenny, 'A. M. Dias, E. A. Linscheid, T. J. ,Coll. NOES : None. ABSENT : Supervisor J. E. Moriarty. I HEREBY CERTIFY that the foregoing- is ,a true and correct copy of an order entered on the minutes of said Board ' of Supervisors on the date afor esaid. I Witness ,my hand and -the Seal of the Board of Supervisors affixed this 17th day of Noy2mber s 19�Q• 'W. T. PAASCH, CLERK By ` lr�o�th L azza Deputy Clerk cc : Claimant Administrator Public Works (3) Attention Mr.- Broatch County Counsel Hospital Form #8 70-3-5001 I 3 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements E Claimant : TODD EUGENE SCRUGGS, through his father & guardian ad litem, FRANK' SCRUGGSi, Address : , 4870 Kendall Court, Martinez, California Attorney : Curt J. Cooper, Attorney at Law, 1615 Bonanza Street Walnut Creek, California Amount : . $3,000 (as of date of presentation) Date File Id : November 9, 1970 By delivery to Clerk By mail , postmarked 11-7-70 I . FROM : Clerk of Board of Supervisors TO : County Counsel ' s Office Attached is a copy of the above claim . Is it' sufficient and does it coimply substantially with Government Code +'Section 910 and 910 . 2? DATED,: Nov . 9, 1970 . W . T . PAASCH , By I D. ,',Lazzari'rff, Deputy II . FROM : County Counsel ' s Office TO : j Clerk of Board of ,Supervisors Above claim complies substant-ially with Government Code Sections 910 and 910 . 2 . Above claim FAILS to comply s'ubstanti'ally 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 : (71.) County ' s general insurance carrier ; ( ) Other insurance carr.Jer ; { ( ) County Counsel . DATED : 7d JOHN B . CLAUSEN , Bi Deputy III . FROM : Clerk of Board of Supervisor TO : (1 ) Public Works Department , Attent,ion Business & Services Manager (2 ) County Counsel' s Office Attached are copies of above' claim which was REJECTED by the Board of Supervisors on " November 17 1970 (copy of Board Order. al so attached ) . ;; Please 'forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per'" Government Code Sec- tion 913 on November .7, 1970 , and memo thereof filed and endorsed on claim., per Government Co,de`QSS t , n 29 - l�(' DATED: Nm7p.-M er 17.1970 W . T: PAASCH , By oroth aini i Deputy IV . FROMi: �(1 ) Public Works Department', (2 ) County - Counsel ' s Offices TO : Clerk of Board of Supervisors This acknowledges receipt of''. copies of above claim- and/or board order , and forwarding endorsem`ent . III . DATED, : Nw. 17, 197 Public Works , By DATEID : In , . 1779 County Counsel By:, I November 17, 1970 I Curt J. Cooper Attorney at Law 1615 Bonanza Street Walnut Creek, California Dear Thr. Coopers Enclosed is a certified copy of an order adopted by the Board of Supervisors today, denying the claim of your client, Todd Eugene Scruggs, a manor... Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk Enclosure i I I i 1 CURT J . COOPER 318 Financial Center Building 2 1615 Bonanza Street j Walnut Creek, California 94596 FILE 0 3 Telephone : 939-6776 NOV 1970 4 OAW Aug Aw.RAWM> 5 r : 6 7 8 Claim of TODD EUGENE SCRUGGS , ) through his father and guardian ) 9 ad litem, FRANK SCRUGGS, ) CLAIM FOR PERSONAL INJURIES 10 VS . ) 11 COUNTY OF CONTRA COSTA ) ) 12 ) 13 14 TO : BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, and to the Clerk or Secretary of said Board of 15 Supervisors : . 16 YOU ARE HEREBY NOTIFIED that TODD EUGENE SCRUGGS; through 17 his father and guardian ad litem, FRANK SCRUGGS, whose address at 18 present is 4870 Kendall Court , Martinez , Contra Costa County, 19 California, claims damages from ,the County of Contra Costa, State 20 � of California, in the amount computed as of the date of presenta- 21 ' tion of Three Thousand Dollars ($3 ,000 . 00) . 22 This claim is based on personal injuries sustained by 23 claimant on or about October 27 , 1970, at the Contra Costa County 24 Hospital, Martinez , California, under the following circumstances : 25 TODD EUGENE SCRUGGS , born,August 27 , 1966 , had sustained . 26 an injury to his forehead. TODD had walked into a cantilevered 27 pre-cast stone step of a stairway and had sustained a deep gash i 28 in the middle of his forehead that was bleeding profusely when his 29 parents took him into the Contra Costa County Hospital, Emergency ' 30 Ward, in Martinez . TODD was treated by a doctor whose name is 31 unknown at this time and by another John Doe hospital employee , 32 by having a "butterfly" bandage placed over the wound to close I .. CURT J. COOPER ATTORNEY.AT.L:AW - .1616 BONANZA STREET SUITE 318 1 WALNUT CREEK:CA 84596 . (415) 839-67.76 I I I I j I the gash. FRANK .SCRUGGS, TODD ' s father; requested and directed 2 the doctor to stitch. the injury; the doctor refused to place 3 stitches to close the gash. 4 TODD EUGENE SCRUGGS was released to his parents and, durin ,I 5 the night , the . butterfly bandage slipped and bleeding resumed, 6 unknown to his parents . In the ,:morning; a private doctor was 7 consulted and., at that time , the claimant ' s parents learned that 8 it was too late to. stitch the injury and that .a cosmetic dis- 9 figuring.:_scar will result to TODD ' s face . 10 The injury sustained by 'claimant as far as known as of 11 this time of presentation of this claim.' consists of a deep gash 12 in the middle of TODD ' s forehead . 13 The amount claimed as of the date of the presentation of 14 this claim is as follows : 15 Damages incurred to date: 16 Expenses for 'any future-medical and hospital care which ar 17 : unknown as of this time , but claimant requests permission to in- 18 cert that amount when the total is ascertained, if any . 19 Special damages : unknown at this time , but .request per- 20 mission to insert when the amount is ascertained . 21 General damages: Three Thousand Dollars ($3 ,000 . 00) . 22 Total damages incurred to date : : unknown at this time , but 23 request permission to insert when that amount becomes known. 24 Total amount of claim as ; of date of presentation of this I_ 25 claim: Three- Thousand Dollars ($3 ,000 . 00) . 26 All notices or other communications with regard to this 27 claim should be sentl' to claimant in care of CURT J . COOPER, 28 Attorney at Law, 16115 Bonanza Street , Suite 318, Walnut Creek, 29 California . 30 ' DATED : November , 1970 . 31 �/% FRANK SCRUGGS aV guardian Ad Litem ' 32 for 3,QDD EUGENE SC - GGS , age 4 . CURT J. COOPERall ATTORNEY.AT LAW (`177 /� 1616 BONANZA STREET C- V R T J . C O V r E R SUITE 316 WALNC7"CREEK.CA 94698 ' (496) 939-67.76 - - ' I « � , 4 o \ ® � \ . . \ . \ . \ § - � 1 4 /' ct / . % �k . \ « © ? ct woo - 0 & 9 co /. - � � @ t4 . @ _ \ \ ¥ � � © ©®d t � CURT J. COOPER ATTORNEY AT LAWj '�ro.arn••�--r 1615 BONANZA STREiT v EIVE"I'll-j"_ SUITE 31S A71�J.1/". WALNUT CREEK, CALIFORNIA 94896 f (415) 939-6776 AR !! g -197® November 6 , 1970 W T. PAA8CH „L"R1 OF S PERVISORS CO. 4 Oeputp Clerk, 'Board of Supervisors ; County of Contra Costa Administration- Building Martinez, California i Re : _Claim of Todd Eugene Scruggs Gentlemen: Enclosed please find original and one copy of the Claim of Todd Eugene Scruggs , through his father and guardian ad litem, Rrank Scruggs , vs . the;. County .of Contra Costa. Please return the copy of the. cllaim acknowledged by date of receipt and present the claimito the Board of Super- visors . Thank you Very truly yours , 21 CURT �. C.00PE / CJC : ce Enc . Y CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: THE PACIFIC TELEPHONE & TELEGRAPH COMPANY, by Thomas J. Cahill, Chief Special'Agen.t Address 150 Hayes Street,, San Francisco, California . 94102 Attorney : Amount : $1,500 estimate Date Filed : October 22, 1970 [Xe n ` 3f}yX?I� :�CXIxsX By ;mail , postmarked 10-20-70 Registered Mail I . FROM: Clerk of Board of Supervisors „ t$ ' T,O : . County Counsel ' s Office Attached is a copy of the above claim"'. Is it sufficient and does it comply substantially with Government Code S ction 9and 910 . 2?XO b`XTED : Oct . 22, 1970 W . T . PAASCH , By Dor �719ar1n Deputy II . FROM : County Counsel ' s Office . .TO : Clerk of. Board 'of ,,Supervlsors Above claim complies substantially wi•.'.th Government Code Sections 910 and 910 . 2 . Above claim FAILS to comply s�ubstanttally with said Sections : ( X) -Board may not act on` claim u`nti l 15 days after notice is given by t,•his office ; ( ) Do not file claim , time limits have expired . We recommend referral to : ( ) County ' s general ins,j;urance carrier ; ( ) Other insurance carrier ; ( ) County. Counsel . DATED : JOHN B . CL'AUSEN , By� Deputy III . FROM : Clerk of ,Board of Supervisors TO : (1 ) Public Works Department!, Attention Business & Services Manager (2 ) County Counsel ' s Office= Attached are copies of above, claim which was REJECTED by the Board `of Supervisors on (copy of Board Order also attached ) . Please ,forwdrd this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on November 12 1970, and memo thereof filed and endorsed on c aim, per Government Code Section 9703 . DATED :. Nov. 12, 1970 W . T . PAAS,CH , By DorotW ffa=riniu Deputy IV . FROM : (1 ) Public Works Department (2 ) County Counsel ' s Office TO : Clerk of Board of Supervisors This acknowledges receipt of copies ?of above claim and/or board order , and forwarding endorsement III � DATED : Nov. 12, 1970 Public Works , By C DATED : Nov. 12, 1970 County Coulnsel , By November 12, 1970 The , Pacific Telephone and Telegraph Company 150 Hayes Street San Francisco, California 94102 Attention Mr. Thomas J. Cahill Gentlemen: Enclosed is a certified copy of an order of the Board of Supervisors of November 10, 1970 denying your claim (your Case No. B-04.0-362 ) which was received and filed in this office on October 22, 1970• Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk Enclosure IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA 4 November 10 , 19 70 In the Matter of ) Claim for Damages . - ) Pacific Te1pphnnngnd TP1;8p'rn;gib Qming„, 1go Hwg -9ttrP.P�,p ,San Pranci sco,, California , through Thornn g J_ (`nhi l l - Chi Af Sia. _i n 1 Agn-nt.. having filed with this Board on OnthhAr 2p , 191n—, claim for damages in the. amount of $ 1 X00 A NOW, THEREFORE, on ,motion of Supervisor _ ®_ Li ngrbla s seconded by Supervisor �j F. �ori ar1-�r , IT IS BY THE BOARD ORDERED ' that said claim is hereby DENIED., The foregoing order was passed by the following vote of the Board: AYES :. Supervisors A. M. Dias,. J. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES : None. ABSENT : Supervisor J. P. Kenny. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 10th day of November , 19—M. W. T . PAASCH, CLERK By Dorotby L,azz ” n Deputy Clerk cc : Claimant Administrator Public Works (3) Attention Mr. Broatch County Counsel Form #8 70-3-500 NOTICE OF , INSUFFICIENCY RECEIVED The ^r i.f 2 "-) 1970 To: The Pacific Telephone and Telegraph Company 150 Hayes Street 94n W. T. PAASCH San Francisco, California. 102 CLERK BOARD OF SUPERVISORS Z RA COSTA CO, By Deputy Please Take Notice` as follows : -Case No . B-040-362 The claim you presented against 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. The claim fails to ,state a cause of action against the County of Contra Costa or any employee thereof. 2 . The claim was not presented within the time limits prescribed in California Government Code Section 911.2 . 3. The claim fails to state the name and post office address of the claimant . X 4. The claim .fails to state the post office address to which the person presenting the claim desires notices to be sent . 5. The claim fails to ;state the date, place or other circum- stances of the occurrence or transaction which gave rise to the claim asserted. X 6. The claim fails to state the name(s) of the public employee(s ) causing the injury°, damage,, or loss , if known. 7. The claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage; or loss so far as known, or the basis of computation of the amount claimed. 8. The claim is not signed by the claimant or by some person on his behalf. 9. Other: . JOHN B. CLAUSEN, County Counsel Deputy County Counsel SM:me CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§1012, 1013a, 2015 . 5 ; Evid.C. §§641, 664) My business address is the County Counsel 's Office of Contra Costa County, County Court House, P. 0. Box 69, Martinez, California 94553 , and I am a citizen of the United States , over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency by placing it in an envelope(s) addressed as shown 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. October 23, 1970 , at Martinez, California. cc: Clerk of Board of Supervisors Public Works Department CC-33: 250: 7/70 (Notice of Insufficiency of Claim; Govt .C. §§910 , 910 .2 , 910 . 4, 910 . 8) /lea d. / 0/7 4� ' THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY BAY AREA 150 HAYES STREET • SAN FRANCISCO, CALIFORNIA 94102 Case No. . B-040-362 AREA CODE 415 399-2464 THOMAS J. CAHILL CLAIM 7�� - CHIEF SPECIAL AGENT CLAIM FOR DAMAGES October 19, 1970 County Clerk Contra Costa County Martinez, California 94553 Dear Sir: On October 14, 1970, at approximately 11: 30 a.m. , our underground facilities were struck and damaged by a Davis B70 Trencher owned by Christner Plumbing. This accident occurred at Fordham and El Portal, San Pablo, California. It is our understanding that Christner Plumbing was working under subcontract to Gallagher and Burk, who, in turn, was under contract to you The estimated cost of repairing our facilities is $1, 500. We are sending you this notice pursuant to Section 910 of the Government Code. Since we are ;not aware of the contractual relation- ship between you and the contractors involved, - we are also sending a copy of this letter to them. Please send notices to the above address, attention of Chief Special Agent. Yours truly, Chief Special Agent l/C cc: Christner Plumbing 1207 10th Street Berkeley, California 94710 CEI V, ED Gallagher and Burk 344 High � j 70 T Oakland, California 94601 W. T. PAASCH CLERK BOARD OF SUPERVISORS / �NTRA•COSTA CO. Deputy BYL�4�C � - • m X a An- 1 o e y A C., A s� o, C UP N J`� n .0a r3 ;.A p?Z'� g � o � 9 A � A S. N r� O , l G. G M � o rh a d N ' � x � "snNFti�. W 9+11 tU 4li�rl4••}Q7.1 �pX�a Py In , the Board of Supervisors of Contra Costa County, State of California November 4 19' 7 0 In the Matter of Claim of Mfr . Robert D . Case . Mr . Robert D . Case on August 27 , 1.970 having filed a claire against the County in the amount of $167 .:50 for a dishonored welfare warrant ; Upon the advise of County Counsel and upon the motion of Supervisor J . E . Moriarty, seconded by Supervisor E. A . Linscheid , IT IS BY THE BOARD ORDERED that the aforesaid claim is APPROVED and the County Auditor-Controller is directed to make payment of $167.. 50 to Mr. Case . The foregoing order was passed by the following vote of the Board ; AYES: Supervisors J . P . KennyA . M. Dias , J . E. Moriarty , E. A. Linscheid , T. J . Coll . NOES; None . ABSENT: None . I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. c .c . M r. Robert D. Case , Witness my hand and the Seal of the Board of County Audi tor-Controll er Supervisors County Counsel affixed 1#his_4th _day, of November , 197-0-- County 97QCounty Administrator �W�. T. �PAASCH, Clerk County Welfare Director gy , Deputy Clerk H 24 12/69- 10M COUNTY COUNSEL'S OFFICE Contra Costa County Martinez, Calif, Date: September' 14, 1970 To: District Attorney Sheriff Co . Auditor _ Social Service Director From: John B. Clausen, County Counsel By : George W. McClure, Chief Deputy County Counsel Re: Robt ' t D. Case ' s $167. 50. claim against County ; Wilfred W. Riley ' s "forged" welfare warrant s The above claim was referred to this office for routine advice to the Board of Supervisors as a claim against the County. So that we may properly so advise the Board, we will appreciate a report . from your departments on your contact with or activities concerning the matter, together with copies of any documents you may have (e .g. , the warrant , affidavit of lost warrant , . handwriting analysis , witnesses ' statements , etc. ) GWM :me _ Board of Supervisors RECEIVED �p Q, 1970 W. T. PAASCH CLERK BOARD OF SUPERVISORS Cr LBY4�J�- TRA C STA O. f�eputy '� - ,`s. • CLAIM AGAINST CONTRA COSTA COUNTY , Routing Endorsements Claimant : Robert D. Case, dba Case 's Sundries' Address : 2300 Martinez Avenue, Martinez, California 94553 XX ►KtXO�XX Note: Mr. Case has stated that he attempted to present this claim in small claims court and was advised Amount : $167.50 to exhaust all administrative procedures by filing claim with the Board. Date Filed : August 27, 1970 By delivery to Clerk by !Tr—. Case. I . FROM : Clerk of Board of Supervisors TO : County Counsel ',s Office 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 27, 1970 W . T . PAASCH , By Dorothy Lazzarini Deputy II . FROM : County Counsel ' s Office 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; County Counsel . DATED : , JOHN B . CLAUSEN , By Deputy III .. FROM : Clerk of Board of Supervisors TO : (1 ) Public Works Department, Attention Business & Services Manager (2 ) County Counsel ' s Office Attached are copies of above claim which was REJECTED by the Board of Supervisors on (copy of Board Order also attached ) . Please forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government. Code Sec- tion 913 on and memo thereof filed and endorsed on claim, per Government Code - Section 29703 : DATED : W . T . PAASCH, By Deputy IV . FROM: ( 1 ) Public Works Department (2 ) County Counsel ' s Office 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 : County Counsel , By Deputy b • I RECEIVE MG 2 197 W. T. pAASCH .CLERK BOARD OF SUPERVISORS -; NTRA STA CO. e - . Deputy Robert D. Case Case' s Sundries 2300 Martinez Avenue Martinez, California ! 94553 Board of Supervisors County of Contra, Costa Martinez, California 94553 Gentlemen: I am presenting my claim before your board in regard to county warrdnt #R086256 dated July 14, 1969 and made payable to 'Nilfred W . Riley. This check was presented in our place"of business, Case' s Sundries, located at 2300 Martinez Avenue in Martinez, by the above mentioned Mr. Riley for the purpose of cashing. , Subject person was well-, . known by appearance to my 'son,who did'. the actual cashing of said warrent, and to myself. My son Douglas cashed the check upon Mr. Riley' s endorsement of it and the noting of his medical card number below the endorsement. (Subject does not drive so he' had no oper- ator' s license. ) Approximately a month later this document was returned to us (the money having been deducted from our bank account ) as being a forged document. This we knew as being untrue. We filed a complaint with the Sheriffs Office. The matter was then turned over to the D. A. ' s .office for investigation. The check was turned over to the Postal Department crime laboratory where it was definitely proved that the designated payee did in fact sign the check. Reference of this can be made to Postal Inspector Robert Wall in hi's Oakland office to verify these findings. In the filing of the forged document form with the Welfare Depart- ment, Mrs. Lucille. Russo, daughter of° the boarding house owner -Margaret Hardin .at whose residence Mr. Riley was ' living at the time in question, signed as the witness. Upon talking to her she said that she did find his medical card number which we had noted on. the check in his possession. She is willing to verify this. Please accept this letter as my claim to the $167.50 which was wrongfully taken from our account without any investigation on the part of the Welfare Department, whatsoever. Thank you. Sinc, ours Robert D. Case ��j Own of -Case' s Sundries YO CS , In the . Board of Supervisors of Contra Costa County, State of California November - 19 7D— In the Matter of Providing Legal Defense for Sheriff-Coroner Walter F. Young, and Deputy Sheriff John Montgomery. On motion of Supervisor E. A. Libscheid, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that the County shall provide legal defense for County Sheriff-Coroner Walter F. Young and Deputy Sheriff John Montgomery in Superior Court Action No. 122317, Bessie Lee Carter vs . County of Contra Costa, Walter F. Young, John Montgomery, et al. , in accordance with the provisions of Sections 825 and 995 of the . California Government Code. The foregoing order was ' g g passed by the followii-�g vote of the Board: AYES; Supervisors J. P. Denny, A. N. Dias, J. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES: None ABSENT: None. u I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc : Sheriff Witness my hand and the Seal of the Board of County Counsel Supervisors Administrator - affixed this 4th day.of November , 19 7D J/ W. T. PAASCH, Clerk By. �c rj,, _ems Deputy Clerk Lourette Kincaid H 24 8/70 10M • • z 3- S' \' OFFICE OF THE SHERIFF-CORONER CONTRA COSTA COUNTY WALTER F. YOUNG SHERIFF-CORONER P.O. BOX 39T MARTINEZ, CALIFORNIA 94553 Oct. 30, 1970 RECEIVED NOV 4 - 1970 Cj.airman Thomas J. Coll W. T. PAASCH CLERK BOARD OF SUPERVISORS Board o f ' Supervisors -CCP _XAA COSTA CO; Contra Costa County IBy Deputy Martinez, California Dear Chairman Coll:. I have been named a defendant in the case of Bessie Lee Carter vs. the County of Contra Costa, John Montgomery, and Does One through Fifty in a suit for the sum of $20,000.00 general damages and $20,000.00 punitive and exemplary damages. In accordance with the provisions of the California Government Code Section 825 and 995, I request that legal defense be provided for me. Ver our eroung WFY/hva ID OFFICE OF THE SHERIFF-CORONER CONTRA COSTA COUNTY WALTER F. YOUNG SHERIFF-CORONER P.O. BOX 391 MARTINEZ, CALIFORNIA 94553 Oct. 30 , 1970 Chairman Thomas J. Coll Board of Supervisors Contra Costa County Martinez, California Dear Chairman Coll: I have been named a defendant in the case of Bessie Lee Carter vs. the County of Contra Costa, Walter F. Young, and Does One through Fif ty`in a suit for the sum of $20,000.00 general damages and $20,000.00 punitive and exemplary damages. In accordance with the provisions of the California Government Code Section 825 and 9959 I request that legal defense be provided for me. Very truly yours, John Mntg ery, eputy Sheriff JM/hva RECE1VRD 1,110V 2 - 1970 W. T. PAASCH CLERK BOARD OF SUPERVISORS By� C NTRA COSTA CO. a'2� t.k........._ Deputy 1 .T • CONTRA COSTA COUNTY Inter-Office Memo TO : Chairman Thomas J. Coll, Contra Costa DATE : Oct. 309 1970 County Bd. of Supervisors FROM : Walter F. Young, Sheriff-Coroner By: Harry D. Ramsay, Undershe 1 SUBJECT : Bessie Lee Carter vtit. County of ontra Costa, Walter F. Young, John MontEomery. Does One through Fifty. Summons, case number 122317 has been served on Sheriff-Coroner Walter F. Young and Deputy Sheriff John Montgomery of this department in the action of Bessie Lee Carter vs. County of Contra Costa, Walter F. Young, John Montgomery, Does One through Fifty. In accordance with. the legal provisions we are forwarding letters from Sheriff Young and Deputy Montgomery as soon as they are completed requesting legal representation in this matter, and attached is a copy of the Summons vrhich was served on the writer at approximately 1: 30 P.M. , today. HDA/hva Enc: CC: County Counsel John B. Clausen Attn: George Mc Clure, Chief 'Civil Deputy ED] RECEI VRI) NOV 2 - 1570 W. T. PAASCH CLERK BQ4RD OF SUPERVISORS RA CO T�4 CO. B . Deputy k _ Name. Address and Telephone No. of Attorney(s) Space Below for Use of.Court Clerk Only HARRY J.' :LOELSTROH CO.UNS.ELOR AT LAW 1666 . Newe1.1 AVenue Walnut, Creek, California 94596 Telephone ; 939-1800 'Plaintiff Attorney.(s) for ............ .................._........................................ SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA PIaintiff(s) BESSIE LEE CARTER, CASE NUf�,1 :,EP vs. befendant(s): COUNTY OF CONTRA .COSTA, WALTER F. YOUPIG, JOHPT MONTGOMERY, DOES ONE through FIFTY, SUMMONS To the Defendant(s): A civil complaint has been filed by the plaintiff(s) against you. If you wish to defend this lawsuit, you must file in this couft. a written pleading in response to the complaint (or a written-or oral pleadinq, if a justice.Court).within 30 days after this summons is. served on you. Otherwise, your default will he entered on application by the plaintiff(s) and the court may enter a judgment against you for the money or other relief requested in the complaint. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your pleading, if any, may he, filed on time. Dated inOTtf W. T. PAASCH, Clerk By Deputy (SEAL) NOTICE TO THE.PERSON SERVED ❑ You are served as an individual defendant. ❑ You are served as (or on behalf of) the person sued under the fictitious name of:................... ❑ You are served on behalf.of: .................................................. .. ........................................... , Under. ❑ C.C.P. 4 416.10 (Corporation) ❑ C.C.P. § 416.60 (Nlino,) ❑ C.C.P. 4 416.20'(Defunct corporation) ❑ C.C.P. § 416.70 1Incompeten0 ❑ C.C.P.-4 416.40 (Association of partnership) ❑ C.C.P. § 416.90 (IndivFdual) ❑ Other: Th.�word"comttla nt" includes cross-complaint, "plaintiff(s)" includes eross•complainani(O.amf "rb:f:ndar tls)'" includes cross-def;rnrtart(•,). A written ploatlinq, mcludinq an antwer,demmrier, etc., nnist he in the form requ rod by the Calif,vnia Rules of C.otlrt. Ynnr migirml ;&-ail, ; (11tv:r be filed .n this court with proper fhlrng tees and tuonf that a copy there.uf vvas server) on car:h plamtitf's attrnney and on e;n:h I'lainrff "r); represented by an attorney. The hme when a summons i daerned served on a party may vary depending on the method oa srrvico. For r:xarnple, ;ee Cnde of Cr;il F'rnr rur 413.10 through 415.40, (See reverse side for Proof of Service! j LOHSTRa HARRY J. EI COUNSELOR AT. LAW- , OCT 14 1970 2 1666 Newell Avenue Walnut„Creek, California 94596' 11. T. PASCH, County.Cl rk 3 Telephone 939-1800 CONTRA CIOSTA COUNTY Deputy 4 Attorney for Plaintiff; 7 8 IN THE SUPERIORCOURTOF THE STATE OF CALIFORNIA 9 IN AND. FOR .THE COUNTY OF " CONTRA COSTA 10 11 BESSIE LEE 'CARTER, 12 Plaintiff, NO. o , 13 vs. COMPLAINT FOR PERSONAL INJURIES 14 COUNTY OF CONTRA COSTA, WALTER F. .YOUNG, JOHN MONTGOMERY, DOES 15 ONE through FIFTY, 16 Defendants. 17 FIRST CAUSE OF ACTION 18 Plaintiff alleges : 19 I 20 Plaintiff is a resident''ot the County of Sacramento. 21 I I 22 Plaintiff . is 'ignorant of the true names of defendants 23 sued herein as DOE ONE through FIFTY. Plaintiff will amend her 24., complaint to state .the true names when the names have been. ascer- 25 tained. 26 - 1. 1 I'I I 2 At. all times herein mentioned_, defendant COUNTY; ,OF 3 CONTRA COSTA was a county and political subdivision of the- State 4. of. California, duly organized and existing under: the laws of the 5, State of California. 6 1 IV 7 At all times herein mentioned, the defendants, WALTER F. . 8 YOUNG, JOHN MONTGOMERY and DOES 'ONE .through FIFTY, .were ,employees. 9 of . said COUNTY OF CONTRA COSTA, and in doing the things hereinafter 10 described, acted within the cause and :scope' of said employment..- 11 V 12 On or -about May 8,, 1970, plaintiff was a visitor at the 13 Contra Costa County Hospital at Martinez, California. 14 VI 15 At said time and place, defendants, and each of them, 16 under the express direction of their superiors and defendant -17 CONTRA COSTA COUNTY, did seize upon plaintiff ' s person, wrongfully, 18 maliciously and unlawfullyaccuseher of the crimes of smuggling 19 mail to prisoners, carrying a concealed weapon and interfering with 20 an officer; and wrongfully, maliciously and unlawfully detained 21 and imprisoned plaintiff by'-.threat .of force and violence. 22 Defendants, and each of them, required and forced plaintiff to .23 move about in said hospital under their supervision , and control 24 and further forced and required . plaintiff to be transported to 25 the. Contra Costa County Jail at Martinez, . California, where she 26 was searched and required to partially disrobe in front of jail 2 . 1 deputies; was booked, photographed and finger prin'ted; *.and was 2 thereafter wrongfully, maliciously and unlawfully imprisoned and . 3 confined for a period of 4 ..hours. (Plaintiff was required .to 4 post bail in the amount of $1, 250.00 to obtain:-herrelease from 5 the custody of defendants, and each `of them.. ) 6 VII V The charges of smuggling mail to. prisoners, carrying a 8 concealed weapon .and interfering with an officer were wholly false 9 and plaintiff did not at any time commit any of these offenses or 10 any offense whatsoever, and was wholly innocent of any and all 11 charges made against her by said defendants, and each of them, 12 and has not committed any act whatsoever that made her subject 13 to confinement, , imprisonment or detention. 14 VIII 15 In making said false charges and confining, detaining . 16 and imprisoning plaintiff as afor'esaid .defendants' , and each of 17 them, acted with deliberate malice: . ' 18 Ix 19 In order to secure the release of plaintiff from the 20 unlawful restraint it was necessary for plaintiff to post bail 21 in the sum of $1,250.00, and plaintiff incurred the liability and 22 expense of $ 100.00 in 'a.dditional costs and expenses in obtaining 23 her release from said county jail. 24 X 25 By reason of said imprisonment. and restraint of her 26 liberty, plaintiff was injured inher good. name and reputation, 3 ' S�. 1 and subjected to degradation, shame embarrassment and 'humiliation. 2. Plaintiff was, injured .in her.,,health ,to, such .extent that she now 3 suffers .from: severe nervous headaches and is- in a; very: nervous : 4 state •of mind.. to .:the extent that she has been., damaged. in the 5 sum of $20,000:00. 6 Xi 7 As a .direct and proximate result .of . s.a,id false imprison- 8 ment plaintiff has been compell,ed :to expend .$100.00 for medical 9 treatment and plaintiff is informed and believes and basing her . 10 allegations on such information and belief alleges that it will' 11 be necessary for her to expend further sums, the amount of which 12 is not known to her, for medical treatment, and plaintiff requests 13 permission to amend this complaint to insert said sums when the 14 same have been ascertained. 15 XII - ----. 16. - _In._doi _the things herein alleged, defendants, and each 17 of them, acted maliciously and were guilty of wanton .disregard 1S of the rights and feelings of plaintiff and by reason thereof 19 plaintiff demands exemplary and punitive damages-against defendants, 20 and each of .them, in the sum of .$20, 000.00. 21 XIII 22 On or -about July 24, - 1970, plaintiff presented a claim 23 in the amount of $20, 000.00 to defendant, COUNTY OF CONTRA COSTA. 24 On or about August 4, 1970, defendant COUNTY OF CONTRA COSTA 25 rejected said claim in its entirety. f 26 WHEREFORE, plaintiff prays judgment against the -defendants 4. - t I anIx I t as tvroiaf> rth. 3 p2a tiff .a7116 4 P2i* £ ..�rie;I f1,;ioozo , rY�: .oh. by x� erenc acT� and ry� allc ation ow arc inPwr Paragraphs h Z; I, Z xV, Vo VIX't : , X;' x 3 :s l .C3 >1 if .•. '!► d tir4 t'AP` ,' •�Si�irv, :.dofe..t3{�3 is+�i. , 0 d ,£.ac♦i :of:, the 14 ta}d t?:c C '3 ^, 3 azd„z; li jest #rac :can of .'�air v r�zicr and 11 defendant COU OF CC d1'14N CQ�`i'A . dial Seize Upon plaintiff's 12 persons m9lise.ntl , VAcangxul3.7.=4 mlawfully accuso her of tho 13 cMirwoa, cif Sm:��'3ling pail .,to primaers, carrying a' concealca 14 vea,pon and i.nte ferri.^9 with. an :officox t and n ligcntly, wxong- „ 15 :Eu 11y and uni;a.;mfully d 1caln� azn4 ivPriaoncd plaintiff by threat' 16 .. _ -'= f?b �3 c ._and ° i� 2t�da -: �. :: ' u:avhtz� r'4nd-.��'!rmc1h Qf t13 it r', ��e`-{�'�i�.ri;�''I tly 17 _qpit,and forced ,plzinti.f'.f to move � bout in said ho L aI undcx 18 thoir su orvision ays4 control ar-d, f'uurther rmgligently forced and 19 requixed plaintiff to ba timmonortel to the contra Costa 20, .fail .at NzIrtine'.r., ,ca-13;6 ..-n1a: ,,,ul oza cha.,fw s .vMarchcad ;and required 21 to artft' i? di rrrUh fµ . t' ofj a `i'4eputi.e3 s was booked, Photo-> 22 graphod Asad ftn9er pr ind; and was the eaftc-x wrong ft lly, neuli- 23 c qtly ..and ea:t . • f�ai.� ii,,axh :t crud- cW tfi wd, for a r.iod of fntxr , 24 houro. . : �£�l:ainti'f2 vias r ui?�cd '��� post hail i.n .the zurour�� of ­ 251 $11.250.00 to obtzlln her raleaso from, the ca;atoz%y, of defendants, and teach o th A. 2 I�I3: ? x , .plainti-If ,prays,,,-f'ladn giant <:in t the dcfcruiarit w, 1 and. each of them',. as follows : 2 1. General damages. in .the ,sum of $20,000.00; 3 2. Medical and related expenses according to proof; -4 3. Punitive and exemplary damages in the sung o% ;5 $20,00,0.00; and 6 4. . For such other and further relief as the Court . 7 deems. proper. in the premises: ., : $ DATED: September 4, 1970. 10 F ;=. Y tOHSTROH HARRY J LOHSTROH 0 11 Attorney for Plaintiff 12 13 I, BESSIE LEE CARTER, declare that I am the plaintiff 14 in the above-entitled action and I have read the foregoing . 9 9 15 COMPLAINT FOR PERSONAL . INJURIES and know the contents thereof and � I declare that the same ' s true of m own kn wl e . 16 i y o edg , except as ) 17 to the matters which are therein stated upon my information or 18 belief and as to those matters I believe it to be true. 19 I declare under penalty of perjury that the foregoing 20 is true and correct. 21 Executed at . Sacramento, California, this day of 22 September, 1970. 23 24 -y=- BESSIE LEE C A'ICTER" 25 26 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : ARTHUR ANDREU) HUFFMAN Address : 677 Alameda Drive, Livermore, California Attorney: Hanna & Brophy, Attorneys at Law, 1540 San Pablo Avenue Oakland, California Amount : . ,$150,'000, as of date of presentation Date Filed : October 19, ' 1970" By delivery to Clerk By mail ., postmarked Through transmittal maiE_ on October 19,, . . . I . FROM : Clerk of Board of Supervisors' TO : County Counsel ' s Office - Attached is a copy of the above claim . Is it sufficient and does it comply substantially with Government Code Sections 10 and�910 . 2? DATED : Oct. 19, 1970 W . T . PAASCH , By Dor zarini Deputy II . FROM : County Counsel ' s Office TO : Clerk of Board of Supervisors _ Above claim complies substantially with Government Code Sections 910 and 910 . 2 . Above claim FAILS to comply substantially with said Sections: ( ) Board may not act on claim until 15 days after notice is 'given by this office ; ( ) Do not file claim , time limits have expired . C We recommend referral to : ( X) County ' s general insurance carrier ; ( ) Other insurance carrier ; ' ( ) County Counsel . DATED : 10 "70 JOHN B . CLAUSEN , By Deputy III . FROM : Clerk of Board of Supervisors TO : ( 1 ) Public Works Department, Attention Business & Services Manager (2 ) County Counsel ' s Office Attached are copies of above claim which was REJECTED by the Board of Supervisors on October 27, 1970 (copy of Board Order also attached ) . Please forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on October 27, 1970 , and memo thereof filed and endorsed on claim , per Government Codd�!/Sec ion 2 703 ._ DATED : October 27, 1970 W . T . PAASCH, By Dorot La" arini Deputy IV . FROM : (1 ) Public Works. Department (2 ) County Counsel ' s Office TO : Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order , and forwarding endorsement III . DATED : Oct. 29, 1970 Public Works , By S DATED : Oct. .2$. 1970 County Counsel , By X October 279 1970 Hanna & Brophy Attorneys at Law 1540 San Pablo Avenue Oakland, California Attention: David A . Huffman Gentlemen° Enclosed is a certified copy of an order of the Board of Supervisors denying the claim which was filed by you on behalf of Arthur Andrew Huffman. Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk cc: Arthur Andrew Huffman Enclosure IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA Ant'aha 22_._ 9 19.E In the Matter of ) Claim for Damages,. ) through his at orneiso 4a nA At. Brnnhy„. 15110 Tan. Pghln AvAnuA$ QPkInne4, Gal if a�rn3,a, having filed with this Board on O�f: b�+ + .1�3 19 , claim for damages in the amount of NOW, THEREFORE., on motion of Supervisor VV,.. A MnS h„iA 9 seconded. by Supervisor3`. T}3a , IT IS BY THE BOARD ORDERED that said claim= is hereby DENTED.. The foregoing order was passed by the following vote of the Board : AYES : 8upervisars P. Kenny, A. XDlaat 7, I1 Moriarty, 1,31. A. tinscheid,. T. J. Coli.. NOES : ABSENT : Nine,. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this day of n , 14 • W. T. PAASCH, CLERK By . Deputy Clerk cc : Claimant Administrator Public Works (3) Attention Mr. Broatch County Counsel Form #8 70-3-500 1 HANNA & BROPHY 1540 San Pablo Avenue 2 Oakland, California 94612 .Telephone: 832-5569 FIL 4 Attorneys for Claimant C r, 19 i19795 W. T. 1PAASCH 6 CLERK 80ARt)04r S4jprftVj=R& IRA ONTO M 7 8 CLAIM AGAINST 9 THE COUNTY OF CONTRA COSTA 10 by 11 ARTHUR ANDREW HUFFMAN 12 .13 To: , 'THE BOARD OF SUPERVISORS , COUNTY OF CONTRA COSTA, 14 ADMINISTRATION BUILDING, 651 Pine Street, 15 Martinez, California -- 94553 16 17 1. The c.laimaht 's name is ARTHUR ANDREW HUFFMAN, and his post 18 office address is 677 Alameda Drive, Livermore, California. 19 2. I .desire •.notices to be sent to the following post office 20 addresses : 21 ' a) `677 Alameda :Drive Livermore, California and 22 b) Hanna & Brophy 23 Attorneys at Law. 1540 San Pablo Avenue 24 Oakland, California 25 3. The date, place and other circumstances of the occurrence 26 that gave rise. to this claim are as follows : 27 "On September 13, 1970, at 12 :30 P .M. on Manning Road, Contra 28 Costa County, approximately 2904 feet west of the Alameda 29 County line, claimant, who was proceeding eastbound on his 30 motorcycle at- said time and- place, lost control of his 31 motorcycle due to the negligence of said Contra Costa County 32 in the repair and maintenance of said. road, proximately HANNA & BR13PHY 1540 SAN PABLO AVENUE. OAKLAND, CALIF. 94612 632-5569 - 1 causing the injuries:--and damages to claimant as hereinafter 2 alleged.''. 3 4_. ' '"A general description- of the injury,` damage,-and.-loss incurred 4 -and sustained by claimant so far as it is now known is as :5 follows: . r 6 "Various -'.and .divers-,injuries °to,,the body- of claimant ; in- 7 c,luding- but not limited to the abdomen, back, hips, legs, 8 upper extremities and head. Also,, .-loss of wages, permanent 9 physical disability, diminished earning capacity, medical 10 and related expenses and extreme physical, mental and 11 - emotional pain and suffering. " 12 5.- The name or names of the public employee or employees ' 13 causing said -injury, damage and loss. ar.e at this time unknown 14 to 'said :claimant and his representatives., 15 76.. The amount claimed as of the date of presentation ;of this . .' 16 claim is $1509000.00, which'includes an unknown amount as 17 the estimated amount of anyprospective injury , damage or .18 loss. 19 7. : The basis of computation of! the claimed injury, damage and 20' loss is.- as: follows 21 a) General damages, $100,000.00,; 22 b) Special damages, 50,000.00. 23 8. 1 , DAVID A. HUFFMAN, of theillaw firm of 'Hanna & Brophy, the 24 undersigned, am a person presenting, this claim on behalf of .25 the claimant:..:above named. 26' DatedANN & OP Y .�- --=--n -- 27 By D d A uffma 28 A ting ;n behalf f a C ant. 29 30 31 32 HANNA & BROPHl' - 1540 BAN PABLO AVENUE - OAKLAND, CALIF. 94612 s2 832-5569 - i 1 CLAIM AGAINST THE 2 `THE COUNTY OF. CONTRA COSTA 3 : by 4 ARTHUR ANDREW HUFFMAN 6 Declaration of Presentation of Claim by Mail (CCP Sec. :1013a(1)). 8 J' am over the age of 18- years- and am not A party to g the .dlaim affixed to -this declaration J am a citiaen ,of the 10 United' States' and a-resident of and employed in ,Alameda County, I1 California. My business address is Hanna & A3trophy, Attorneys 12 at Law, 1540 San: Pablo Avenue, Oakland, California 94612. 1 i3 presented the affixed claim by depositing three originals thereof 14 ` in the United States Mail in Oakland, California, ori- October 1.6, _.16 1970, at the United States Post Office -'in Oakland, California, 16 'on--October 16, 1970, in a sealed°,envelope, with postage thereon 17 £uIly prepaid,. with the name and =address shown on envelope as 18 being 'as follows: lg The 'Board of Supervisors, . County of .Contra Costa 20•- Administration Building, 651 Pine Street 211 ' Martinez', California 94553 22 At the time of the deposit there was regular delivery 23 by the United States Mail between the place of deposit and the 24 place :of address, 25 : .Dated.. October 16, 1970,: at Oakland, California. -26 I declare under the penalty of perjury that the fore- 27 going is true and correct. 28 29 Diane M. O'Donnell 30 31 . 32. HANNA & BROPH}' 1540 SAN PABLO AVENUE - - OAKLAND, CALIF. 94612' 632-5569 -. In the Board of Supervisors of Contra Costa County, State of California October 20 19,70 In the Matter of . Authorizing Settlement and Dismissal of County Action Against Denny Mitchell Goodrum, Mt . Diablo Municipal Court Action No . 14036 Upon recommendation of the County Counsel : IT IS BY THE BOARD ORDERED: A That the Auditor-Controller is authorized and directed to' accept $600.19 in full settlement of the County's claim against Denny Mitchell Goodrum, lit. Diablo Municipal Court Action No. 14036,' and the County, Counsel is. authorized to exe= cute and file a Dismissal of said action, with prejudice, upon payment of said sum. AdoptPd by the Board this ' clay of 1� . F I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: County Auditor Supervisors County Admi ni strat or affixed this ; 20th day of October , l9 , 70 County Counsel (2) W. T. PAASCH, Clerk By Deputy Clerk ' SM:pb m ng am H 24-5/69-IOM CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : ROBERT A. GATES Address : 155 Hill Street, Apartment 4, Pittsburg, California Attorney : Kincaid, Weaver & Gianunzio, Attorneys at Law, 508 - 2nd Street, Oakland, California, by Amount : $250,000 John P. Caudle Date Filed : October 14, 1970 By mail ,. postmarked 10-13-70 I . FROM : Clerk of Board of Supervisors TO : County Counsel ' s Office Attached is a copy of the above claim . Is it sufficient and does it comply substantially. with Government Code Section 10 nd 910`. 2? DATED : October 14, 1970W • T . PAASCH , By Dorot 7a&V9 � Deputy II . FROM : County Counsel ' s Office 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 : O County ' s general insurance carrier ; ( ) Other insurance carrier ; ( ) County Counsel . DATED : Oct. /9 rf' p JOHN B . CLAUSEN , By�j%f ,� Deputy III . FROM : Clerk of Board - of Supervisors TO :. ( 1 ) Public Works Department , Attention Business & Services Manager (2 ) County Counsel ' s Office , Attached are copies of above claim which was. REJECTED by the Board of Supervisors on October 20 1970 (copy of Board Order also attached ) . Please forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on October 21, 1970' , and memo thereof filed and endorsed on claim, per Government Code Section ;9703 .,, , DATED : , Oct . 21, 1970 W . T . PAASCH , By Dini Deputy IV . FROM : (1 ) Public Works Department ' (2 ) County Counsel ' s Office TO : Clerk of Board of Supervisors This acknowledges receipt of `,copies of above claim and/or board order , and forwarding endorsement III . DATED : Oct . 21, 1970 Public Works , By SPJVUA DATED : Oct. 21, 1970 County Counsel , By - IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA October 20 , 19.70- In the Matter of ) Claim for Damages . ) Robert A. Gates, 155 Hill Street, Apartment 4, Pittsburg. California , through Kincaid. Weaver �z Gianunzio, Attorneya, nt Law,,_ 508 - 2nd S .r . Oakl andO Ca?if orni n having filed with this Board on October 14 $ 192IL'.. claim for damages An the amount of $250,000 9 T NOW, THEREFORE, on motion of Supervisor J. E. Ilgriart seconded by. Supervisor A. M. Dias , IT IS BY THE BOARD ORDERED that said claim is hereby DENIED. The foregoing order was passed by the following vote of the Board: AYES : Supervisors J. P. Kenny, A. ,M. . Dias, J. E. Moriarty, E. A. . Linscheid, T. . Je Coll. NOES : None. ABSENT : None. I HEREBY CERTIFY that the foregoing, is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and .the Seal of the Board of Supervisors affixed this . 20th day of Octobar , 19 .La. W. T. PAASCH, CLERK By Do Deputy Clerk cc : Claimant Administrator Public Works (3) Attention Mr. Broatch County Counsel Sheriff Form #8 Zo-3-500 I October 21, 1970 Kincaid, Weaver & Gianunzio Attorneys at 'Law 508 - 2nd Street . Oakland,, California 94607 Attentions Mr. John P. Caudle Gentlemen: Enclosed is a certified copy of a Board Order of October 20, 1970, denying the claim which was filed by you. on behalf of your client, Robert A, Gates. Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk dl Enclosure 1 KINCAID, .WEAVER & GI,ANUNZIO Attorneys at "Law 2 508. - ,2nd Street Oakland `: California- 94607 465-5212 4 F L LIO 6 - OCT 1 1970 7 1 W. T. PAASCH CLERK BOARD OF SUPERVICORS 8 `Claim of ROBER T1'A GATES, co t A OSTA CO, OYDoputy 9 Claimant; 10'= -vs NOTICE OF CLAIM 11 COUNTY:. OF.CONTRA ;COSTA 12 13 '(a) Name and address of claimant: 14 Robert'A .-Gates. 155 Hill Street, Apartment 4 15 Pittsburg, 'Califor.nia 16 (b) Sendall notices to:. 17 Kincaid;.'Weaver & Gianunzio Attorneys at Law; 18 50'8 - '2:nd Street Oakland, California 19' Telephone:. . 465-5212 ' 20 (c) Date of 'occurrence: 21 July 19; 1970 22 (d) Place of occurrence: . 23 Contra-Costa County Jail Farm- Clayton; California 24 (e) Circumstances of'�occurrence: 25 On July 19, 1970, in the early evening on the Contra Costa County 26 Jail Farm facilities located at Clayton, California, County of Contra Costa, 27 through its agents and employees so .negligently maintained, controlled, 28 operated and guarded this facility that as a proximate result of the negligence 29 so described the claimant, ROBERT GATES, was beaten with s. lead pipe 30 by another inmate and incurred-the injuries hereinafter described . 31 That on the same evening, as a further result of the negligence of the County of Contra Costa, through its agents and employees , transported the KINCAID.WEAVER AM? GIANUNZIO ATTORNEYS AT LAW 508-2ND'STREET - •OAKLAND. CA 94607 - - - - 415) 465-5212 - ' 1 claimant, ROBERT A . GATES, to the hospital and that said ambulance was 2 caused,to run .into and. did collide with another vehicle which caused or. con- 3 tribut.ed to the injuries hereinafter described.. 4 (f) General description of injury., damage or loss incurred: 5. Head injuries , including, concussion, brain damage, loss of '6 ability to speak and severe shock to his entire nervous system. 7 (g) Amount of.claim and basis: 8 A mount - $250, 000. 00; •' 9 Basis - Mr. Gates was hospitalized for approximately eleven (11) 10 days as a result of this incident and part of his skull.was removed. There 11 has been approximately six subsequent-visits with future surgery necessary. 12 DATED:. October 13 , 1970. 14 'KIN CAID, WEAVER & GIANUNZIO Y 16 J HN P. CAUDLE 17: 18 19 20 • 21 - ,. 23 25 26 27 28. 30 31 . • 32 KINCAID,WEAVER AND GIANUNZ10 -2 - ATTORNEY S AT LAW 508-2ND STREET OAKLAND. CA 84607 - - 415) 465.5212 - - .1 KINCA.ID, WEAVER. & GIANUNZIO Attorneys at Law 2 508 - 2nd Street Oakland', California•94607 46'5-5212 4' 6 8 Claim of ROBERT A GATES; 9 Claimant., I 10 -vs_ DECLA,RATION.. OF PRESENTATION OF CLAIM BY MAIL 11 COUNTY. OF .CON.TRA .COS.TA,.. 12 13 I am over the' age of 18 years and am not a party to the above claim. -14 I am a citizen of the United States .and .my business address is 508 - 2nd 15• Street, Oakland, California. I presented.the foregoing. Claim by depositing 16 the original thereof in a United Post Office box in Oakland, California, on 17 October 13, 1970, in, a sealed envelope, with postage thereon fully prepaid, 18 with the name and address shown on the envelope'as follows: 19 ' CONTRA COSTA COUNTY BOARD OF SUPERVISORS Courthouse 20- Martinez, California.. 21 At the time of the deposit there was regular delivery by United 22 States mail between the place of deposit and the place of address . 23 EXECUTED at Oakland, California, this 13th day-of October, 1970.- 25 Declarant. 96 " 27 o 28 29 30 31 KINCAID.WEAVER - AND GIANUNZIO ATTORNEYS AT LAW _ SOB-2ND STREET - - OAKLAND. CA 94607 (415)465-5212 r a 0 2 m N 1 t 1 O `0` lei CD M N n O N to � o 0 0 ((" O V•CD a x Fo o p0 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimants:. Teresa D. Delmar, et al. (kin- of Michael David Delmar, Deceased) Address : 833 'ffiget Lane, Walnut Creek, California - and 2800--East -Gate Avenue, Concord, 'California Attorney :- ' Willard. E. . Stone, Attorney at Law, 1501 N. Broadway, Suite 05, Walnut Creek, California' Amount : $1,355,000 (as of the date of presentation) Date Filed : October 5, 1970 � iX4X , By mail , postmarked 10-370 I . FROM : Clerk of ` Board of Supervisor's TO : County Counsel ' s Office Attached is a copy of the above cla;,im . Is it sufficient and does it comply substantially with Government Code^Sections 91 and 910 . 2? DATED: October 5,`1970 W • T . PAA'SCH , By Deputy IF. FROM : County Counsel ' s Off-ice 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 ; Y/t' j �;�- y,�� ( ) County Counsel . DATED : CV C 74' ' JOHN B . CLAUSEN , By Deputy III . FROM : Clerk of Board of Supervisors TO : (1 ) Public Works Department, Attention Business & Services Manager - (2 ) County Counsel ' s Office Attached are copies of above claim which was REJECTED by the Board of Supervisors on October 13, 1970 (copy of Board Order also attached ) ''. Please forward this claim to the County ' s general insurance carrier (or see above ) . Claimant notified of this action per Government Code Sec- tion 913 on _October 13, 197:0 , and memo thereof filed and endorsed on claim, per Government Cod Section 9703 . DATED : W . T �/ October 13. 1�7� �AASCH , �y Doroy L znrini Deputy IV . FROM: (1 ) Public Works Department (2 ) _ County Counsel 's Office TO : Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order , and forwarding endorsement III . DATED : October 13, 1970 Public Works , By. DATED : October. 13, 1970 County Counsel , By epu j i October 13, I1970 . Willard Ed Stone Attorney at Law " 1501 N. Broadway, Suite 405 Walnut Creek, California 94596 Dear Mr. Stone. Enclosed 3.s a certified copy of an order adopted by the Board of Supervisors today, denying the claim which was filed in this office on behalf of your clients, Teresa l), Delmar, et ala Very truly yours, W a :i T. PAA S CFI, CLERK By,', Dorothy Lazzarini Deputy Clerk dl Enclosure I IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA October 1.3 , 19—ZO In the Matter of ) Claim for Damages . ) } TFR. SA D HAEL r 831 y _ PttDELI9R and TICT �L .Ttr �ELT1'4R a minor, Lane, 1r.'alnut Creek, California, and T.EiODORE C D_1?LI;Ah, et al , 2800 Eastgate Avenue, Concord California ; by and through their attorne , !�!illard E Stone, Attorney at Law, 1 01 North Broadway, Suite 405, Walnut Creek, California having filed with this Board on October. , 192, claim for damages in the amount of $ 1, 355, 000 ; NOW, THEREFORE, on motion of Supervisor J. E. P;.orri.,rty , seconded by. Supervisor J. P. Kenner , IT IS BY THE BOARD ORDERED that said claim is hereby DENIFD. The foregoing order was passed by the following vote of the Board : . AYES : Supervisors J. P.. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES : None. ABSENT : None. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and . the Seal of the Board of Supervisors affixed this 1.3t.h day of Gci;0b0r , 19-2-0 - W. T. PAASCH, CLERK By 1?oroth La�7rini Deputy Clerk cc : Claimant Administrator Public Works (3) Attention Mr. Broatch County Counsel Form #8 70-3-500 WILLARD E. STONE ATTORNEY AND COUNSELOR AT LAW - ' SUITE 405,1501 NORTH BROADWAY - WALNUT GREEK,CALIFORNIA 94596 TELEPHONE(415)935-1711 - - - October 2, 1970 { • W.T. Paasch, Clerk of. the Board of .Supervisors P.O. Box 911 Mar tinez,,,.Califoxnia 9.4553 r i Dear Sir: RE: MICHAEL DAVID DEUAkR, Deceased I am enclosing.the original and two copiesof a Claim for Wrongful Death and Damages in the above entitled action for filing. Ve yours, E. 'STONE V WES:kcjK Enc. OCT 5 1970 k W. T. PAASCH ti.ERK BOA D OF SUPERVI&ORB N A COSTA CO, y Y Deputy 1 1 WILLARD E. STONE Attorney at Law 2 1501. N. Broadway, .Suite 405 I L= Walnut Creek' California 94596 3 Telephone 935-1711 0c i 5 1970 4 W. T. PAASCH CLeRK BOARD OF SUPERVISORS 5 By O A COSTA CO.C3eputy 6 7 CLAIM FOR WRONGFUL DEATH AND DAMAGES $ AGAINST THE COUNTY OF CONTRA COSTA 9 TO: W.T. PAASCH, CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA 10 1. This claim is'presented-by WILLARD E. STONE, Attorney at Law, on 11 behalf of the.claimants hereinafter set forth being the surviving spouse, 12 natural child. and next of kin of MICHAEL DAVID DELMAR,. Deceased. . 13 2. The name and Post Office address of each claimant is as .follows: 14 NAME ADDRESS 15 TERESA D. DELMAR 833 Wiget* Lane, Walnut Creek, California . 16 MICHAEL ALLEN- DELMAR,a minor 833 Wiget Lane, Walnut-Creek, California 17 THEODORE C. DELMAR 2800 East Gate.Avenue, Concord, California 18 PATRICIA M. DELMAR 2800 East Gate Avenue, Concord, California 19r PETER J. DELMAR 2800 East Gate Avenue, Concord, California 20 STEPHEN P. DELMAR, a minor 2800 East Gate Avenue, .Concord, California 21 TIMOTHY A. DELMAR, a minor 2800 East Gate Avenue, Concord, California 22 TINA M. DELMAR, a minor 2800 East Gate Avenue, Concord, California 23 3. The claimants desire that all notices .respecting this claim be 24 sent to their attorney, WILLARD E. STONE, Attorney at Law, Suite 405, 25 1501 North Broadway, Walnut .Creek, . California 94596. 26 . 4. The .date, .'place and other circumstances of the occurrence or 27 transaction which gave rise to the claim asserted are as follows: That on 28 August 31, 1970,; on Ygnacio Valley Road, Three Thousand Three Hundred Thirty 29 Two (3,332) feet west of Alberta Way, County of..Contra Costa, State of 30 California, the decedent MICHAEL DAVID DEIMAR was involved in a headon 31 collision which resulted in his death. 32 WILLARD E. STONE y Attorney At Law SUITE 405 1501 NORTH BROADWAY WALNUT CREEK CALIF. 94596 Telephone: (415) 935-1711 5. A general description of the injury and.resulting' death, together with 2 the damages incurred so far as is now known is as follows: The decedent 3 MICHAEL DAVID DELMAR, while traveling from his home in Walnut Creek to his 4 place of employment in Pittsburg, California, was struck by an automobile 5 driven by DONALD DAVID MARCH, Deceased, on Ygnacio Valley Road, approximately . 6 one-half (1/2) mile west of Alberta Way, in the County of Contra Costa, State 7 of California. 'That at said time and place Ygnacio Valley Road was under g construction and. the area where said accident and resulting death occurred 9 was a place of a radical'.detour and tarn which was a variation from the .10 original alignment of said street.and highway and was at said time and place .1I improperly illuminated and marked. That as a result of said negligence and 12 wrongful conduct an automobile driven by' DONALD DAVID MARCH, Deceased, struck 13 the automobile •driven by MICHAEL DAVID DELMAR, the -deceased husband of one of n 14 the claimants herein proximately causing his death and the total destruction 15 of the automobile which he..was driving. 16 . 5. - The name ,of. the public employee,'.or agent of the County of Contra 17 Costa, causing said wrongful death and damages as now .known to the claimant 18 is as follows: GALLAGHER F BURK, INC. 19 6. The amount .claimed as of the date of presentation of this claim is 20 One Million Three Hundred Fifty Five Thousand ($1,355,000.00) Dollars. 21 7. The basis of computation of the'amount claimed is as follows: 22 (a) The claim for wrongful death on behalf of the surviving 23 spouse, TERESA D. DELMAR $800,000.00 24 (b) The claim for wrongful death on behalf of the surviving 25, minor child, MICHAEL, ALLEN_DELMAR $400,000.00 26 (c) The claim for wrongful death on behalf of the surviving 27 father, THEODORE C. DELMAR $ 25,000.00 28 (d) The claim for wrongful death on behalf of the surviving 29 mother, PATRICIA M. DELMAR' $::25,000.00 30 (e) The claim for wrongful death on' behalf of the surviving 31 brother, PETER J. DEIMAR . ' $ 25,000.00 32 (f) The claim for wrongful ,death on behalf of the.surviving WILLARD E. STONE Attorney At Law SUITE 405 1501 NORTH BROADWAY _ WALNUT CREEK CALIF. 94596 Telephone: (415) 935-1711 ..2 1 brother, STEPHEN P. DEIMR; a minor; $ 259000.00. 2 (g) The. claim for wrongful death. on behalf of the surviving 3 brother,, TIMbTHY A. DEWk a minor $ 25,000.00 4 (h) The claim for wrongful death on behalf-of the surviving 5 sister, TINA-M. DELMAR, a minor $ 25,000.00 6 (i) The value of the. 1969 Pontiac automobile, (total loss) . , . $ 3j000.00 . 7 (j) Funeral and miscellaneous 'expenses $ 2,000.00 8 9 •._ ` Dated: ' October 1, 1970. .10 11 . Attorney 'for Claimants 13 14 15 16 i :17 3 18 20 .21 23. 24 25 26 , v .27 E' '2.8' jI 29 .30 32 WILLARD E. STONE f Attorney At.Law - - - SUITE 405 1501 NORTH BROADWAY - - WALNUT CREEK _ CALIF. 94596 Telephone:-(415) 935-1711 �3- - - CLAIM FOR WRONGFUL DEATH AND DAMAGES. AGAINST THE COUNTY OF CONTRA .COSTA 2 3 I am over- the age of 18 years and am not a party. to the claim affixed 4 to this. declaration. I am a citizen' of the United States and a resident, 5 of Contra Costa County, California. My business address is' 1501 North 6 Broadway, Suite 405, Walnut Creep California. I presented the affixed claim by depositing three originals. thereof in the United States Mail in "8 Walnut Creek, California, on October, 2, 1970, 'at the United States Post 9 Office in Walnut Creek, California, ,on October 2, 1970, in a sealed 10 envelope,'with postage thereon fully, prepaid, .with the name. and address 11 shown on the. envelope being as follows: W.T. Paasch, Clerk of the Board 12 of Supervisors, P.O. Box 911, Martinez, California 94553. 13 Dated: October. 2,. 1970; at Walnut Creek, California. 14 I declare under the penalty of perjury that the foregoing is true 15 and correct. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 � 32 WILLARD E. STONE Attorney At Low'. - SUITE 405 - 1501 NORTH BROADWAY - WALNUT CREEK CALIF. 94596 Telephone: (415) 935-1711 - i N O .t � ° n rip=-� Cf1 '• N N w w co -J; �, N D' Q a.Y O IN O ' q 1 � D 0