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HomeMy WebLinkAboutMINUTES - 01011972 - Claims 1972 msµ;�. rt. `�Ix�?�`yt,�•'�Y < fy ���X74 'Se�� :;.'.L,, +{�'f. •4 '.r.fe- ..}.a . `� ff � � � � � .rte � � �, ,, s' y k; r •L � � ''�,'+'�: Reel* Position# CLAIMS 1972 - January - May 1972 - June - August 1972 - September - December STORED: REEL .3 INDEX MAPS_-- BOX #,-.-- BOARD OF -SUPERVISORS, CONTRA= 4OSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In-the Matter of Claim for ) , 'Damages: BRIAN A. BARTL, CLAIMANT ) -i } } I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez.. California, postage fully prepaid, a certified copy of : Board's order of May 2, 1972, denying above— captioned claim, together with "Notice of Denial" of said claire to;;the following: BRIAN A. BARTL c/o Edward W. Pliska Attorney at Law 520 E1- Camino 'Real, Suite 428 San Mateo, California 91+402 I declare under penalty of :per jury that the foregoing is true.-,,and,,. correct. Dated: May 3, 1972 _.. , at Martinez, California . J r - Deputy-, .err I LED MAY 3�) 1972 W. T. PAASCH h-71-500 CLERK BOARD OF SUPERVISORS _ .. �]C RA COSTA CO. BY Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To -BRIAN A. BARTL c/o Edward fid. Pliska, Attorney at Later 520 El Camino Real, Suite 428 San Mateo, California 94402 NOTICE IS HEREBY GIVEN that the claim which You presented to the County of Contra Costa on A,Ti3_10;1972 was rejected by the Board of Supervisors of said county on Mag 2. 1972 WARNING Subject to certain exceptions, you have only six (6) months ' from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: May 3, 1972 W. T. PAASCH, CLERK By DorothyLazzarini Depuy Clerk cc: - Insurance. Carrier IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA may 2 , 197' In the Matter of ) Claim for Damages.- Brian amages.Brian A. Bartl, Spinal Cord Injury Unit, Rancho Los Amigos, 7601 East Imperial Higlufay, Downey, California, by and through Edward W. Pliskat Attorney at Lawn 520 El Camino Real Suite 428 San Mateo California having filed with this Board on April 10 1972 claim for damages in the amount of $67203,000 ; NOW, THEREFORE, on motion of Supervisor J. P. Kenny , 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: Supervisors J. P. Kenny, Js E, Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. `ABSENT: Supervisor A. M. Dias. 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 2nd day of TJay , 1972 . W. T. PAASCH, CLERK Byf1/" Dorothy azzarina Deputy Clerk cc: Claimant Public Works (3) Attention Mr. -Broatch County Counsel County Administrator NOTICE OF INSUFFICIENCY To: Brian A. Bartl c/o Edward W. Pliska Attorney at Law 520 El Camino Real, Suite 428 San Mateo CA 94402 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 not signed by the claimant or by some person on his behalf. 9. Other: JOHN LASEN, Co CVel By e ty County Counsel Michael D. Farr CERTIFICATE OF SERVICE BY MAIL (C.C.P. §311012, 1013a, 2015.5; Evid.C. §5641, 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: April 1-�} 1932 , at Martinez, California. MDF: Zerk cc: of Board of Supervisors Public Works Department CC-33:250: 7/70 (Notice of Insufficiency of Claim; Govt .C. §§9101 910.23 910.4, 910.8) Z .: ] CLAIM AGAINST THE COUNTY OF CONTRA COSTA 2 STATE .OF CALIFORNIA -~ 3 Fab L E 4 APR 10, 1972 SCH 5 Claim of BRIAN A. BARTL J W. T. PA� � OLt ARD OF SUPERVISORS7RA 4 Co. 6 Claimant., ] CLAIM (SECTION 910 OF THE GOVERNMENT 7 vs . ) CODE) 8 STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 11 12 Comes now BRIAN A. BARTL, and submits the following 13 claim against the County of Contra Costo pursuant to the Provis irons.:*.: 14 of' Title I, Division 3. -f), , of the Government Code of the State of 15 California : 16 CLAIMANT'S NAME: BRIAN A. BARTL. 17 CLAIMANT'S ADDRESS: Spinal Cord Injury Unit, Rancho Los Am19os 7601 East Imperial Highway, Downey, .California , 18 90242. 19 ADDRESS TO WHICH NOTICES ARE TO BE SENT: Edward W. Pliska, Attorney AE Law, JZO E1, Camino Real, Suite 428, 20 San Mateo, California, 94402. 21 DATE OF INCIDENT: December 29, 1971. 22 LOCATION OF INCIDENT: Southbound on U.S. 101 (Central Freeway) Approximately 1500 ft. south of the Van Ness 23 on-ramp in San Francisco, California. 24 C IR:C UMSTANCES OF INCIDENT: GEORGE EDWARD CHAFFEY, who was at a l l 25 times mentioned herein acting within the course and scope of his 26 employment with the Contra Costa County Legal Services Foundation, ATTORNEY.AT LAW - 520 EL CANINO REAL SAN MATEO.CALIF. 9440$ - 344-1785 - - l at the aforesaid time and place did negligently, careless=ly, 2 recklessly, and unlawfully manage, maintain, drive, and: operate 3 an automobile along and on. the aforesaid Highway so as to . - 4 proximately cause it to collide with , claimant`s automobile and to 5 proximately cause the injuries and damages hereinafter described. 6 A copy of the California Highway Patrol report of the incident 7 is attached hereto rhakked Exhibit "A" and by reference made _a 8 part hereof. 9 10 DAMAGES AND INJURIES: 11 As a direct and proximate result of the negligence of the 12 aforementioned employee of. the Contra Costa County Legal Services 13 Foundation and the resulting collision, as herein alleged, 14 claimant was injured in his health, strength, and activity, 15 sustaining injury to his body and shock and injury to his nervous 16 system and person, all of which injuries have caused and continue 17 to cause yclaiman£ : great mental, physical, and nervous pain and 18 Suffering. Claimant is informed and believes , and on :such 19 information and belief alleges that said injuries will result in 20 some permanent disability to claimant. A copy of a medical report 21 summarizing claimant's condition is attached hereto, marked 22 Exhibit "B", and is incorporated by reference herein. 23 The names of public employees causing injury or damage, 24 if known: GEORGE EDWARD CHAFFEY, an employee of the Centra Costa 25 County Legal Services Foundation, 105 East Fifth Street Pittsburgh, California. 26 27 Page Two 28 29 AMOUNT OF CLAIM: $6;203`;OLiO:OfJ 2 ITEMIZATION OF CLAIM:` 3 General Damages 3,0001000:00 4 Present and prospective medical expenses at the rate-.of approximately- $5 ,000.00 5 per month for prospective life expe'ntancy of 40 more years 2,4010,.000.00 6 Lass of Income at the -.--rate of $20 'OO.Q::OD per year for a total of 40 years $00,000.00 8 Property Damage to claimant 's vehicle 32000.00 9 TOTAL: $6,203;.000.00;^ 10 DATED: This 6th day of April; 1972 11 , 12 13 EDWARD,. W. 'PZISKA . At orney:.for,;_Claimant- ; , , 14 15 16, AA- tP4;,4 " ',tea r. y.t..`�Cs -I,!$s`t c-W y 1 vu I t a o v 17 ... �t-,�"i5'r-:>a. �`�.... ,.. � rc�,.i.�.�fn.- �i -•t i ,�'c� �c �i4•+ s 2'»�f t"'_ . f �K� .`a r•n Cr�'3 .�.:. tieq� 3t.--,* .c P `+.r, .}, *^Sa.. . Lii$k+Jr St,`� a. ff . L.•. irs�. �} �.T'w 144- - 18 ,,,, NM}f `3� to ' � r` z..1 ,n't* •- �" K� Y ..y.} ,} �.r. 4_ t� April-.�Z_._.. L 72 _ j-� ^: �a.. t� IL Ute , 19 _ ji t E :rnw . lFR� t> t. :«� t 4 t ur, x .�.J�-�.�h'w�_'....,+,,�+e,� -;ai.'�.t'a..k`•#'�..r;C,,. u'*Sri�a�s:t� ..u�', �'7ade.:'�r 20 Smith 21 Clerk of the Board of Supervisors , County of Contra Costa,, 22 P. 0. Box 350, Martinez; California 94533 23 24 25 26 Page .Three 27 28 29 EXHIBIT "Air /I R E CALIFORNIA lil� PATROL SHECf -f.� A RAFFiG COLLISION REPORT 'APARTMENT F a ?P ECIAL COI/DIi IQN-+ N0. IN]. 11 N R CITY /UU IC IAL DISTRICT A' ►F10NY [//J1 / '� No• N0. KILLED 11 S R COUNTY AEPORiING OISTR ICT BEAT MISD o •' Z COLLISION CU1/NC0 UN t0. UOATE YR. TIMt12000) (FON STATE UDE ONLY _ �f? / , // .•.. •ice✓�a":.�'� i`e'v�. s � -...V AT INtERSECTIOR WIT - BCEDW MINIMUM REPORTING STATE HWY I: - 1 T,R:I;S dp FEETJLSLIrV OF Q/J red'/+1/— • /• ♦ V LEVEL r, YES NO YES []Ne AME (FIRST,MIDDLE, LAST) STNELI •DORESS L.7 VEH. 1 '. DRIVER'S LICENSE NO. r STATE M6 UIRTH AT•E y SEX - RACE CIT( STATE - PHONE DAY I lel Vit/ t ��r, // �/,lr i✓y �!����i�• 4,'r� • PEDES- ST All OW Nt R' NAME SAME AS DRIVER i1 T AN VEHIC L' MAKE L1C1.NSt NO. - �r PAKKeD VEA. UIRECTIC, OF ON/A080VrISTREET OR HIGHWAY) OWNER',S ADORESS f3ISAME AS DRIVER +Y' PFOAL- /Ott T. CYC,y 5T SPEED LiMiT D SPOSITION Of VEHICLE BY DRIVER ON ORDERS OF VEHICLE DAMAGE VIOLATION CHARGED L1 Ex IFNT LOCATION OTT ER ✓ - ❑MINOR MOD. - 1 L_: U IJ MAJOR TOTAL 2 _���,_- _____. NAME (FIRST,MIDDLE. LAST) STREET AOORES5 IT- .ORIV£R URIVER'S LICENSE NO. STATE UH4Tii.11TE $Ex RACE CITY - STATE PHONE " D2 r'. �r raw.4.r.1 ee C'�c• ; .7,,. TR1AN VEH( L YR. MAKE LICFNSC NO. . SLATOWNER'S NAMEI"Y SAME A5 1V ER PARKED DIRECTIgh OF OH!ACGiiitV-ISTRLET OR HIGHWAY) OWNER'S ADDRESS 4t1 SAME A5 DRIVER Pvft EDAL- '"• - CYCL ST SPEED LIMIT DISPOSITION OF YCMICLE U BY IVEN ON ORDERS OF VEHICLE OAMAOF VIOLA lON CHARGED d � EXTFjIt ❑ � MINOROTHER ��MOD. I/J 1 - �MAJOR'l 3 TO:AL ?�f 1#< DESCRIPTION OF DAMAGE C OWNER'S NAME AUUH bS NOTIFItu _ ... - YES NO .: L EXTENT OF INJUHY 1;4JUFTtE)T WAS(CITCCk one) IN WITNESS AGE SEX J VCH. ONLY 1 FATAL 2 SFVFRE WOUND 3 OTNiR V151NLE y COMPLAINT OF PAIN DRIVER I PASS. PEO. CYCLl3T OTHER NUMBER INJIIRI' DISTORTED MENDER INl11A IES "ONE � W A ONEE!S"S �.. TAKEN TO(INJUHFO ONLY }' �yS'T• /� tea.✓,�,n !. r: 3 ❑ 2/ l a ❑ D�! U ❑ l ❑ ❑ Z NAME PIN/NE a ADDRESS ' TAKEN TO INIUREQ O Y! p _ %: .f ��T- A.✓ A o iC.4 !?�C, rJ/ io..Jr ':'At't• 'os� ' : ❑ ❑ ❑ ❑ 17 L Li ❑' ❑ t'k i =tom.; NAME PHONE _ ..moi,•`• - ADDRESS - TAKEN TO (IIIJURED ONLY) ,.Y SKETCH` MI SC EL LAN F.OU5 INDICATE -sW 01,4e�ewo-? NORTH • 1 �' '� -�� A. O w Z ROAD TYPE ' - ;i 1 CONVENTIONAL ONE WAY ST. i `- - 2_CONVEEIITIONAL,TAO_WAY �_,•' "� �'y+\' r 3 E%PNESS'AAY l FREEWAY S OTHER(EIPLAIN IN HIRRATIVE)� OIRF.CTIONAL ANALYSIS G OtNEP,DIVIDED 1E7PLAIN its NAPPAi1VEl 4`" asss•�11 4 /� BOARD OF SUPBRVISORS, COMM COSTA COU3iTY", CALIFORNTA AFFIDAVIT OF MAILING In the Hatter of Claim for ) Damages: ) BRIAN A. BA20M, CLAIMANT 1 1 I declare under penalty of perjury that I am now, and'. at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post office in Martinez, California, postage fully prepaid, a certified copy of : Board's ord— of May 2, 1972, denying above- captioned claim, together with "Notice of Denial" of said claim to the following: BRIAN a. iu BAA c/o Edward W. Pliska Attorney at Law 520 El Camino Real, Suite 428 San Mateo, California 94102 y I declare under penalty of perjury that the foregoing is true and correct. Dated: May : , 1972 at Martinez,, California. r Gj/t,l�yw Deputy_, erk MAY 3.) 1972 b'. W. T. PAASCH -71-500 CLERK WARD OF SUPERVISORS C f pA COATA CO. BY i _.o e_ Deputy I _ THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: BRA A. BARTL %o Edward W. Pliskav Attorney at Lair 520 El Camino R .as Suite 428 San Mateo, California 94402 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on Ag l 1-0- 1.972 was rejected by the Board of Supervisors of said county on _ May 2a 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection With this matter. If you desire to consult an attorney, you should do so immediately. DATED: Max 3, 1972 W. T. PAASCH, CLERK By DorothyLazzarini Depuy Clerk cc: Insurance Carrier IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA May 2 197 In the Matter of ) Claim for Damages. ) ) Brian A. Bartl, Spinal Cord Injury Unit, Rancho Los Amigos, 7601 East Imperial Highway, Dorney, California, bq and through Edgard W. Pliskat Attorney at Law, 520 El Camino Real Suite 128 San Mateo a i ornla _ having filed with this Board on April 10 197.?._, claim for damages in the amount of $69203,000 ; NOW, THEREFORE, on motion of Supervisor J. P. Kenny , 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: Supervisors J. P. Kenny, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: Supervisor A. M. Dias, 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 2nd day of May , 1972 . W. T. PAASCH, CLERK By1 i Corot q azzarini Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator NOTICE OF INSUFFICIENCY To: Brian A. Bartl c/o Edward W. Pliska Attorney at Law 520 E1 Camino Real, Suite 428 San Mateo CA 94402 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 -4-iie 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: JOWeutye'lCoSu/ntyLA "N, Co Co el By Counse Michael D. Farr 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: -April �3i 197 , at Martinez, California. N1DF:mk/ cc: Xlerk of Board of Supervisors Public Works Department CC-33:250: 7/70 (Notice of Insufficiency of Claim; Govt.C. H910, 910.22 910.4, 910.8) I r ( . ly 1 1 CLAIM AGAINST -THE COUNTY OF CONTRA COSTA STATE OF CALIFORNIAFAPR 3 ILED 4 l0, 1972 5 Claim of BRIAN A. BARTL } W. T. PAASCH � p{,t WARD OF SUPERVISORS��� 6 Claimant, ] CLAIM �2 � SEC ION 910 OF THE GOVERNMENT 7 vs . C 8 STATE OF CALIFORNIA, ] COUNTY OF CONTRA COSTA::. 9 ] 10 11 12 Comes now BRIAN A. BARTL, and submits the following 13 claim against the County of Contra Costo pursuant to the Provisions 14 of Title I, Division 3. 6, , of the Government Code of the State of 15 California 16 CLAIMANT'S NAME: BRIAN A. BARTL. 17 CLAIMANT'S ADDRESS: Spinal Cord Injury Unit, Rancho Los Amigos; 7601 East Imperial Highway, Downey, California , 18 90242. - 19 ADDRESS TO WHICH NOTICES ARE�TO BE SENT: Edward W. Pliska, , Attorney AE Law, 0 E1 Camino Real, Suite 428, 20 Sacs Mateo., California, 94402. 21 DATE OF INCIDENT: December 29, 1971. 22 LOCATION OF INCIDENT: Southbound on U.S. 101 (Central Freeway) Approximately 1500 ft. south of the Van Ness 23 on-ramp in San Francisco, California. 24 CIRCUMSTANCES OF INCIDENT: GEORGE EDWARD CHAFFEY, who was at all 25 times mentioned herein acting within the course and scope of his 26 employment with the Contra Costa County Legal Services Foundation, ATTORNEY,AT LAW - 320 CL CAMINO KCAL SAN MATEO, CALIF. 94405 _ 344-1785 - 1 at the aforesaid time and place did negligently, carelessly, 2 recklessly, and unlawfully manage, maintain, drive, and operate 3 an automobile along and on the aforesaid Highway so as to 4 proximately cause it to collide with claimant's automobile and to 5 proximately cause the injuries and damages hereinafter described. 6 A copy of the California Highway Patrol report of the incident 7 is attached hereto marked. Exhibit "A" and by reference made a 8 part hereof. 9 10 DAMAGES AND INJURIES 11 As a direct and proximate result of the negligence of the 12 aforementioned employee of. the Contra Costa County Legal Services 13 Foundation and the resulting collision, as herein alleged, 14 claimant was injured in his health, strength, and activity, 15 sustaining injury to his body and shock and injury to his nervous 16 system and person, all of which injuries have caused and continue 17 to cause r-laimanf. great mental, physical, and nervous pain and 18 suffering. Claimant is informed and believes , and on.,;such 19 information and belief alleges that said injuries will result in 20 some permanent disability to claimant. A copy of a medical report 21 summarizing claimant's condition is attached hereto,' marked 22 Exhibit "B", and is incorporated by reference herein. 23 The names of public employees causing injury or damage., 24 if known: GEORGE EDWARD CHAFFEY, an employee of the Contra Costa 25 County Legal Services Foundation, 105 East Fifth Street Pittsburgh, California. , 26 27 Page Two 28 29 1 MOUNT OF CLAIM: $6 ,203,000.00 2 +TEMIZATION OF CLAIM: 3 General Damages 3,000,000.00 4 Present and prospective medical expenses at the rete-;of approximately $5 ,000.00 5 per month for prospective life expentancy of 40 more years 2,400,000.00 6 7 Loss of Income at the -- rate of $,2A TOQQ.:OD per year for a total of 40 years 800,000.00 8 Property Damage to claimant 's vehicle 3,000.00 9 TOTAL: $6,203,000.00 10 DATED: This 6th day of April, 1972. 11 12 t 13 EDWARD, W. YLISKA Attorney,for'_Claimant. 14 15 16 17 E ri #�,h u�S«�� �� S _ { } T, { jr �i • ^4 57"iv; I e x• L%.t C. .u. .ter v :ti u!. �M wait'! %t,'. 'fir£ rs! A �i 18 ,�.� ..r�i ��z.� i o t ya •` !. ..! .s a. .wt S*Tx?t c � ^. et4a[il 19 20 € I Smith 21 Clerk of the Board of Supervisors , County of Contra Costa, 22 P. 0. Box 350, Martinez, California 94533 23 24 25 26 Page. .Three 27 28 _ �2g EXHIBIT �rA/r Vt. - COLLISION REPORTPARTMENT�F CAZIFORNIA III PATROL SPECIAL CONUIT It(H3 ND. IN/, o. 11 A 11 CITY JUDICIAL DISTRICT A' t Ohy • - N0. KILLED IIA R COU!ITY REPORTING DISTRICT BEAT ' 5 1 2 ,. 1 - 3?� MISD COLLISION CUNRED ON - UATE IIMLI24O0) IFOH STATE USE ONLY) Al2Z 11145 AT IN SCUT ION EY 1111 _ BT.IYEOW MINIMUM REPORTING .STATE HWY •+r f OR:e�''S eO._FEETJ41!/JAV Of1/04 ff �/J le�ArT/- ✓i """♦��E LEI �. �♦ v U YES NO YES.[]NO ,�.� VES+ 1 AMf. IF IRSf,MIpULL, LAS71 STIIELt ADDRESS DR N DRIVER'S LICENSE N0. STATE MO. DAYA Y SEA RACE C/ITY -/ STATE / PILO/NE-. PEDEa- ! / e ��/ L-.1-`LrL..5'0 (✓.!�_! J `s '." L�� O�3 YLHIC E MAN I`TfbN LICLN5,L NO. STAT! OW NL N'X NAME �31TTitE AS DRIVER - PAAKEO � VER. UINE-7 OF UN/ABM"!1'ISTNECT UH HIGHWAY) OWNER'S ADORE SS f3f SAME AS DRIVER }I` PECAI- � CYST SPEED LIMIT D SPOSITION Of VEHICLE BY DRIVER ON ORDERS OF VEHICLE DAMAGE VIOLATION CHARGED EATCNT LOCATION OTHER MINOR WMOD. 1 - . j MAJOR L]TOTAL El 2 VER. Z NAME (FIRST,MIDDLE, LAST) STNEEI AUDRESS - .OKIVLK URIVCP'S LICENSE NO. STATE UIRTHDATE I SEA RACE LITT - -STATE PHONE Mo DA ME -S.If EMI��yy,,## YR. MAKE / LICE NSE.NO. //�j �/(� /SSTATL OWNER'S NAME CY SAME AS IVER J t:�.:- /`/� ` /"V 7.991 / 9 1V �ILJ v/� t / CJ s/'� {Y IRECTIp-FI OF ON!646040-(STREET OR HIGHWAY) OWNER'S ADDRESS. 3AME AS DRIVER 44sPE EO LIMIT DISPUSIi LUN Of VLMIC LE ❑BY (jjjIVEN ON OHDLRS Of VEHICLE DAMAGE VIOLATION AH , � ERTFIII Ail 1 _ OTHER � MINOR�.J M00. ' ^j4'F I ❑ V Sri` �.! 3P?y/Y= TT♦ jgoMAJOR TOTAL ?iG!%l1 2 o' DESCRIPTION OF DAMAGE - OWNER'S NAME AUUN 95 NO—TI IF ILD _ 0-TIES NO WITNESS FXTE'Ni Of- INJURY I:JJUFiEI) WAS(check one) IN ONLY AGE SEX FATAL SEVERE WOUND OT IIER vfSIULE PEDAL- - VER• 1 INJURY 2 DISTORTED MEMBER 3 INJURIES 4 COMPLAINT Of PAIN DRIVER �PASS. PED. CYCLIST .OTHER NUMBER i Q ❑ A O 0 D El ��, M HA �♦S/�S� /iS��,%F a/✓� ����� ! -�� f/Q/LJ Rr !{/G/.C♦ � A� PHONE ,t• = A CHLSS � ��� /��. ♦ - TA hI.N JU UNJUN E.D ONLY t D 2/ f J U Pit Li L ❑ 2 PRUNE. NAME ° ADDRESS ' TAKEN. TO iN)IIRCCI „5'7 - <J.✓ A47d-e.-,,,e,4 e? e. / /a♦.i iY,"J �t y`' IDI Q ❑ (� O CJ El Q 1yk A• ,� NAME - _ PHONE ADDRESS TAKEN TO IIHJUREO ONLY) Y' SKETCH, MISCELLANEOUS 1(" - S�` IVII`1 �Ci4/✓1 INDICATE • T'� 1 - ,�� C NORTH 1( t� t`b 0 t C) ROAD TYPE ? '; I CONVENTIONAL, ONE WAY `JLT !l/�? 2i/ - 1 I • ���`" 2-lCOtIYEI1 T10NAL,.TWO WAY 3 EXPRESS'NAY-,^ {TfOLEWAY y. S OTHER (EXPLAIN:IN NARRATIVLr ti I .__ ♦� [T1R£CTIOIEAL ANALYSIS OTHER', ED lE);PLAIM.. IN NARPATIVATIYC. �,. LASS ',4•"t tl _ -: ''x'TRAFIC COLLISION REPORT -j&EPARTMCNT OF'CAL' ORNIA 111 Y PATROL_ 11fFET I!� ` SPECIAL GUNDILIQNS NO. IN1. 11f.l ONY JUOIL LAIIWI NO. KILlf.O if S R COUHTt '- - -REPONT ING�U19ipICT�T•����---OEAT 3 3.a .�. FEE COLLISION OCCURRED ON DATE TIMEIZ4001 ITCH STATE USE 0**-T) M0. ) DAYPARKED t ❑AT INTERSECTION WITH LEF LOW VELMINIMUM NEPOR[INO STATE HWV1'l C] YES uNO ❑YES 0NOL 10X: FEET _ .___OFNAMF (FIRST, MIUOLE. LA5T1 S7REE1 AVORESS DRIVER'S LICENSE NO. STATCtIHTNT.11 1. SEA IiAfE CIlY STATC PHONE DAY Yn. �` ell e. ��� '�VL/N/.I(y EQJ�YR. M/�J,Er LI[ENDF N 5TTAIILL} 'A NC R'S NAME SAME. S DRIVER VEh. DIRFG• Ilhl OF UN.'ACR"_3 (STREET 1GHWAY) OWNER'S AUUNESS SAME AS DRIVER ❑ ` . ..r. �� /f tPEDaI- 1'3 CYGST SPEED LIMIT O15POSIT ION Of VEHICLE BY DRIVER ON OflUER3 OF VEIIICLE DAMAGE VIOLATION CHARGED u (Xitt/T I LOCATION 1 OTHER Ira ' U MRIOR�M OD. fJMAIOR TOTAL 11A/C�f,O/✓/ 2 __- _ _. tSt VER. T ME tFIRST, MIDDLE, LAST) STREET ADDRESS t. ORIVEp DRIVER'S NSE NO. STATE BIRTHDATE SEX PACE CITY STATE PHONE ! MO. 1 DAY PEDES- VEHICLE YR. .MAKE LICENSE NO. STATE OWNER'S NAME SAME AS DRIVER '` TRIAN PARKED DIRECTION OF ON/ACROSS (STRL OR HIGHWAY) OWNER'S ADORESS f-7 SAME AS DRIVER Vn TRAVEL ire PEDAL- .; CYCLIST SPEED LIMIT DISPOSITION OF VEHICLE ❑BY DRIVER ON ORDERS OF VFHICLE DAMAGE VIOLA IOH CHARGED 13 EXTENT 1 LOCATION 4 o! OTHER C1 MINOR MINOR r MOD. 1 ❑ D MAJOR 1'1 TOTAL {j- DESCRIPTION OF DAMAGE 1K I, W CL OWNER'S NAME AUU 5 NOTIFIED O •�_•• Q YES NO EXTENT QI' INJURY N., J 14JURED WAS(ClIDCk one) WITNESS AGE SEX - -' , VEH. ONLY 1'AT AL SEVERE WOUND OTHER VISIBLE IEDA1.- 1 INIURY 2 DISTORT F.O MFMOFR J INIURIES 4 COMP INT OF PAIN DRIVER PASS. PEO. CYCLIST 01HER NUMBER C i i.1 L� C_] C7 ❑ fa ❑ ❑ to NAME PHONE • zADDRESS TAKEN TD IUREG ONLYI f W {: NAME ONE ADDRESS TAKEN TO INIUREU ONLY) z El Elca ❑ ❑ ❑ I ❑ - P NAME I10NE r.. 1 i4' F' ADDRESS TAKEN TO INJURED ONLY) SKETCH MISCELLANEOUS INOICATC NORTH ROAD TYPE 1 CONVENTIONAL.OAE WAY jt ' 2 CONVENT:CNAL, TWO WAY - 1 EArHi.sS;AAY .f. i 4 FNLEW AY 3 of"lip (EXPLAIN 111 NARRATIV[I ' TI E)IRECTIONAL ANALYSIS OTHER. 01/1090 /EXPLAIN -` G 333 13-71) 335- 1 to, -7114 �. .. COLLISION NARRATIYF � � r .•- � � �O fit.✓ �� •�!� �L/ /J � � f� I��li - .�../Vit•__�r!� __. sT�f___=..�_� _.__�l-d __,�llli�•�-____.r/___!�_'_T_�._--._�sS. �GC.f% _ ---------- 4st 197-,We 44.041�� ve __ oi'r?�'.o..�/c,.� of ,rr�, '� ��,✓_c_.,�,r,�c��_�,� CA - �i'TiD��t;%/J.� Oi✓ /1/O.TC f�i✓!9 �A�iE O�ll�=.' i CG�f:TL__ 0• l"<�/. / /�.7�'i.✓t S� `��1ir�.✓ /✓,FJJ v•� .�i°i'•�.���i✓•0 f�i9.o rs�-. 2 f9� ,ur' .�DLrio:= �•c!•t Ti,�E '~ /.v t� i.✓ PRIMARY COLLISION FACTOR RIGHT OF WAY CONTROL 1 2 7 14 1 TYPE_OF VEHICLE 1 2 3 4 MOVEMENT PRECEDING - A VC SECTION _ A CONTROLS FUNCTIONING COLLISION n/ i. A PASSENGER CAN VIOLATION a�X33 �• (INCLUDES STATION WAGON) 8 CONTROLS NOT FUNCTIONING �_ x _ _ _ A STOPPED tttt -B PASSENGER CAR W/TRAILER 8 OTHER IMPROPER DRIVING C CONTROLS OBSCURED�~' PROCEEDING STRAIGHT C OTHER THAN DRIVER •� U l:0 CONTROLS PRESENT C MOTORCYCLE/SCOOTER _ _ ._. C RAN OFF ROAD 0 LINKNONN— -- TYPE OF COLLISION [J PICKUP Off PANEL TRUCK _..__�_._.-._.___.._._._._ D MAKING RIGHT TURN WEATIICR A MLAO-ON (: PICKUP OR PANEL TRUCK -•- -- -'- _,.- W/TRAILER _ E MAKING LEFT TURN A CLEAR B SIDESWIPE -' - - - �" Y F MAKING U TURN -- F 1RUCK OR TRACK TRACTOR _ B CLOUDY fy 1310 ILITY RESTRICT E01 C REAR ENO -_ TRUCK OR TRACK TRACTOR _ G [LACKING C RAINING - D'BROADSIDE W/IRAILER(S) H SLOWING-STOPPING - D SNOWING F. )IIT OBJECT H SCHOOL BUS 1 PASSING OTHER VEHICLE E FOG (VISIBILITY RESTRICTED) F OVI II111RNED - �_-�- _ I OTIICN OILS-- J CNA)/GING LAr4E! F OTHFR (EXPLAIN 114 NAHRATIVII G AUTO,'PFUESTRIAN .J EKITRGENCY VEHICLE_ K PARKING MANEUVER LIGHTING H OTHER fFXP1.AIN IN NARRATIVF) K pit GH WAY CONSTRUCTION LOUIPMFNT ENTERING TRAFFIC A DAYLIGHT _, MOTOR VEHICLE INVOLVL`.O WITH _ .. _._ ._ _.._ L FROM SHOULDER, MED- '� IAN. PARKING B DUSK PAWN A NON-COLLISION —_ - _ .L-•n[pALCYCIE PRIVATE DRIVE TRIP LIR. C DARK-STREET LIGHTS 8 PEDF Si RIAN - M OTHER'(EXPLAIN IN - -- �•�" __ _ _D NARRATIVE) M OTHER UNSAFE TURNING D DARK-NO STREET LIGHTS C OTHER MOTOR VEHICLE 1 2 1 4 OTHER ASSOC1ATUD FACTOR CROSSED INTO OPPOSING STREET LIGHTS NOT D MOTOR VEHICLE ON OTHER ROADWAY 'MARK 0 N1 10 THREE ITEMSI N LANE E DARK- FUNCTIONING -'-- -"--` - ~ VC SECTION F PARKFD MOTOR VEHICLE O PARKED ROADWAY SURFACE A VIOLATION - - - - F TRAINP MERGING - A DRY V VC SECTION G PFDALCYCLE8 VIULAT ION 0 TRAVELING WRONG WAY B WET ANIMAL VC SECTION R OTHER.(EXPLAIN IN C SNOWY - ICY H C NARRAT IVEI _ -._ VIOLATION -- 1 2 1 4EDORI[TY-DRUG-PHYSICAL D SLIPPERY (KIl)DOY, OILY, ETC.) FIXED OBJECT VC SECTION 1 _ D V10_LATION IL/ARK-ONE TO iNR[[ ITEM/1 ROADWAY CONDITIONS VISIOHOp SCUREMENT! _ _ A_HAD NOT BEEN DRINKING )MARK ONE TO THREE 1T EJISI OTHER OBJECT HBD- UNDER INFLUENCE A HOLES, DELP RUTS B LOOSE MATERIAL 011 ROADWAY K 0111FA (F)kP)AIN IN•NARRAT IVLI F INATTENTION )IBD-NOT UNDER - ------- C INFLUENCE C OBSTRUCTION ON ROADWAY PLI)ESTRIAN'S AC'LION G Si OP f[..O TRAFFIC ------ HBO- IMPAIRMENT D CONSTRUCTION-REPAIR ZONE M ENT FHING'LE LEAVING RAMP UNFNOWa A NO PEUE SI NIAN INV OLV FU -__ D CROSSING IN CROSSLMALK AT I PREVIOUS COLLISION •'., E REDUCED ROAD.AY WIDTH 8 147ERSECT 1011 _ _ __ ___-_� _____ E_L'NOFR DRUG INFLUENCE - --" -- -, - _ _._--_Y F FLOODED - ------- J UNFAMILIAR WITH ROAD OTHER PHYSICAL CROS516G IN CROSSWALK- NOT AT - -- - - OEi'ECTIVE VEHICLE- F IMPAIRMENT (EXPLAIN I G OTIiER (EXPLAIN IN NARRATIVE) C INTCRSFCTION K EOUIPMUNT 1H NARRATIVE) ,•,1 H NO HU CONDITIONS' cF - _ _ _ __ _ D CRU. ufG - NOT IN CROSSWALK (EXPLAIN IN NAR RAT!VEI -- _—_--- - '—" "---"---'-'-"'"--'- L IJNJNV!7LVEO VENiC1E G IMPAIRMENT NOT KNOW L IN ROAD- INCLUDES SHOULDFR M NOT APPIICAdLE OT IN ROAROAD ---`' -_ �._ M il Cii (EXPLAIN IN ))ARRA T I'd f 1 G APPRUAFRnJG/If AVUI. DCHD1.i R04 N NOPE-A I'VARf 141 - _-- --- _ INyF STIQJ)EI';) BY �' 1.13 NUj �F INVI ST IL,1%7LLJ�T/ LTJ. NUMBER REV It WED BY / . 7-3� T• ,, ' "•.' DEPARTMEN--*CALIFORNIA -HIGHAY PATROL SKETCH - NARRATIVE CONTINUATION 335- 12 - 71 - 333 + All AiCASUA[RIC NTS ART APPRO IMATE AND NOT TO CAI f IINI.EG9.1TATfR SCALE -- _ a • fill .�. -r w. e4�7501L `/CW Y - TINDIATEGAS Iupo or`IttvtJ 3 lU l /v SC—A(-E s ' ` � � � 4. \2 po A y 5-3 1 t 1 2- 30 J 6, T. r NARRATIVE CONTINUATION (Use rev er a side as necessary) Pepaci14 r VEHICLE �/ � �•�� �� `�� �(a� r�- �' � NOT PAR KE01 {.. ;1 v.F��N• +' 7 r?'' PEDESTRIAN -_♦ �, /7/ i'T.♦f %�� I�/ J /N:�/Ls �� / II V„? �'��• TRAIN ANKEO �---- Vii, rENICLC FIXED. D. , r:>"',/� a�/+7A'eC �y � i�srn/I�. osjrCT F •"/. UEAb-ON • ' (yam �i 1 /r'• I'.�+�� e' ;t. 7 /•�i ,+ � -�` � A � '� /iy ? • -SMEIbAEDS-wONIPE; y • JrL:` Gs1' /`i�C- �fe~ ./�� � '"�/:��JC•i11� /`%C`/'�" !/! =�i •llI�I(I RrAR E110- c r� 1, ,,LI f� ,G�+')t•� Ov ERTAKING SIDESWIPE -33 c4 BROADSIDE N{ �- /c'• Tua>, M :�, _3 ✓ _J"•I:4s� •�! ' Tu OVEATAKSI.G— r`ig Ra•:•• -•.-s.... Se �! •'-i� .1 /.� ,�J � // ) .�.. ' �' *' � »._L rr':CJ faf•�J CONTFOL ��,1''r1.�-��d-_ J//tri C_.l>21r�1"'✓�,z �✓ r1. G.w' 1'�ir`� �'�."_.r t OVEATNRNEO /!f�:±� �C�f�..r.�G+t'��L / `�[�,�/r�':,` _.._ •'�'���frj••ttyluLr '����~� _-_._— __�. _ r ..0 t._J� A .f�.4'- i�.t���__�•s�'�.._.,f.� �r''I�S c r.1 NG �1 i�.Asa Iz-T 11 � �;z s 1 •4 - I uR10111AL NU. ► 3 . 5- 1 I 3 71 _ 3 w 11 zA _ ,y•- DATE 0► URIUINAL Itrf IOENi TIME (21001 ffOR STATE USE OtILYf `ONE K SUPPLEMENTAL MO. DAY YR. .,". SUPPLEMENTS FORM SSS LOCATION/SUBJECT CITATION NO. - TRAFFIC COLLISION REPORT OTHER: BEAT e FORM SSS NARRATIVE CITY COUNTY REPORTING DISTRICT CONTINUATION ONLY a. , ati .00 _ cal G'a uE.o i✓o T—sST_vf'_/�i�/�•'�'__rT�?/,P�f>_�T!_ _ _ ---------- --- Iea,�s'fr� Com" /py. ,,.t. i' S Q' /1 J /o/ Ce= -1 cF-c �l�✓!! 1-/—�/wr '�,�•G,�, x--�s°-°i % 0 0�-S �__ �/ 1_✓l `l,I o�/_ ?itii`�r �%f� li �14E,0 1/i•L.�Tio.�–Qin ?,?r-i v.G �.A.1jkl .- �✓� -- --- v - fi. ,��o M�?,r=.✓n.�i ia•✓cf; __ v��_ i✓-ru%r"i c..r'.� //�.F�✓r,�= .� .' v.� �! -i-?�_�T 5, G'�.,r.:_s>'.�r meA,-C4*. �F_�.--- ----- —L'=r'��':. _--.._��1�Ste_ �.fl�_._._��f_�..�✓��J PREPAHE.0 IIY I.1'.. NUMW:R PH I-P :,"7 N# V14 Of I).- APPitOVI.11 F)Y I.U. NUMEILH _PATE NAME/RANK f',� �r.. �� F1 U. DAY . NAMElpAbr MO. DAY YR, Z 1 i I . Y`';'r�lw•.-. - .ilf02-C•4/4 1.71 MM Qa♦OfP. _ .. EXHIBIT January 7197Z.: Shannon Stauffer, ai.D. Medical Director � w : Spinal Cord InjuryUnit Rancho Los Amigos 7601 East Imperial Highway Downey, California 94242 . ;� RE: Bryan Bartl Dear Dr. Stauffer: Dr. Chapman of the Orthopedic Department at this institution has recently contacted you concerning admissiofi of the afore-- ' ♦ Mentioned Mr. Bartl to your spinal Card Care Unit. Mr. Bartl is la 28-year-old Computer Operator who,.. on 12/29/71, was "rear- ended" while stopped for traffic on a freeway. The patient =r; apparently hit nothing in the car but suffered volent '"khiplash,tt f with immediate loss of sensation and motor function in_ both arms ' and legs. He was brought to SFCH Emergency where a:ani::tic:: revealed quarterplegia with retention of C5 sensory and motor J function. No neurological function whatsoever was retained =�<-- distal to C5. Examination, otherwise, was normal. X»rays taken at that. time revealed an explosion fracture of C5 vertebral ` body with sulluxation of C5 on C6 posteriorly. The neuralcanal was obliterated by a major fragment of C5. Crutchfield: tongs were immediately placed with the patient: on the Stryker fume. Repeated X rays following 'progressive Al, traction over the next several daysl showed distraction of ' u" fragments and some reduction of the previous subluxation, though the offset has remained approximately 1 to 1' centimeters posteriorally, C5 on C6. t' Repeated neurological examinations have revealed good func- tion of the biceps bilaterally with biceps reflex minimally retained. There is brachio radialus tuacti.on on the left and questionably on the right. No wrist extensor function is noted. Th- pa-tient ha3 a s triz o'" s ensa Li on -z--r-tendingto the pro.i:nal thumb on the radial aspect of the forearm. With persistent testing he feels there may be same d-T3a9thesia over the thenar- eminence acid thumb area, more so on the def' than the right. "-cause of t11&.3 -here ic3 questicn whether some C6 function is rota ed, F 4 1 . . _ .t' .. , '' . ,� "- .�-*.'I' ,;� , ,. _ _� - . - ' - I - I �� ' I .'� I , ­;'_�"�'--_', _" ,"", ' -, " ' ` -- ♦ 1 L `. ♦ . 3 j F - .� _ _',I�1I.0�.1I.­:-.�-�1"�.-'.��''"V_'-4--:.­­I:-"�."1_."'��..�'-'—',�"�_,;�I','-I 11'.I�.',.—z-1��"_..:�",-:,-­��. J SRlnnon Stauffer, Al.D. Januar}, 7, 1973 -:: y - " .. - :. . . "" .1', _ a . .. h'urnerous consultations from both orthopedic and neuro surgical specialties were obtz ned. Much discussion was. tendered=' concerning the advisability of, deco.�press on uj the C6 roots. o Presently it was felt that this •eras not indicated due, in part x to indecision by family members . The patient s- cholo scall .py g Y� is doing well and has accepted his present position though not without some anguish. He had been Harried just a few days 9 prior to this accident- and this , -,f. course, has created an even M: greater social problem. _ g# It is felt by all concerned; including the patient, familys members and the staf�" of this hospital, that his rchabili ation ' 0 1' could be best accomplished at your institution. The patient,. himself, is a resident of Los slnoeTes County. Thank yeu very ',_z�"'.�"­'1l:--.".�_IZ_,'-.,I�11,���1,..1�1_-I-��"".._""�-.�,,:..:..'1�___ I nuch for your interest in this case. lie will await your instruc "' tion for possible transfer 1' : ' ' Fours truly, ,. I - - _ aJ _ ` t .'T g. ;'r 1�: ._.;.: may.. I ,.": ,. ..I:.. :: _..,„ .:: .....- .:- t _ t.1 . ... - -,, ,3_:. . .. _. .. r.. ,�ti - i f s'. John Grollriu �I.D !?epartment of Yeuroloical` Surgery. -' San Francisco General Hospital J" s A L A �;a j'. i !. .:.. ) a t... ,:' is - I i Y� f1 i r` ,: c , e, e �4 ,� fir, . :\ y / 7a: J - •. 4 $ It: r - _ ...`.. .. }{ .., ,. - is _y k :r L I. I _ 2_ 1 ti, _ = . . r _ _ .. .: } .. .• _.-,r , .1`, .. .. .. - - - �. .. . -. i :. - 1. 5 S r -": - } i '��.�.;�-��,4I:,�I,I;I;-,�� Y S: _. t - _ _ , - SAM FRANCISCO GENERAL HOL � j ;:c�i,�-r..• �.r� . ra ''1 : �• i.''1.%L l'� 1 j^✓? 3 :i�'"�:`G.::1.1 t�'�'1. l.�i.,cL f•�r� �� •G�1 , GL� !I 1— .rte � •FTlr r7r1 Lr's���'r% = i�`f�-. • �4 .- ��'•>� ��N . Y�2..7�17 _. LI..U, <1� ,. � L,�L-i-(. �L�1 � '4�(.!/.l•l,'� ��I.'Y�-t� Y`r'- l,t,r-9.� -(lr•�`�l�o_I_ .1��, :...1 +�� 'C�l K• S•c c � n _ _ 1,�' r11l��i, �l r.► ,;, L r_/,r' ,,�)r`�({/�,,.t,,, Al { �� i�.L . Y f/► ! !•1 (I L<ZA ---- - - �;.2.�•1.v� '.}�'c ? ��—•!�1'� '.tet�t I M:�C..� -�'�-?,�•. I��Il: (.� � 1 G � ' JP4-A \ 1 U r r= �x� • X,'n r.-�it.?_at,�i� �► � ! tom... +'..�j } 1 ;.� ,•t .1� r: L -� - +oto = Turn U.-r_— Born 9.��Ies of 1te+rorr Sheer Mdsr 9e Usrd SAM FAIA iCISCOZENERAI HOSPITAL � �.• Z5 Z-A o o ? � o d T__ J',K 61 ly .. _. . ._ r'����,tc.: �� .�l L•. }'�;.t.J,_��`('` � .� �,� tip' -- � __ .. .. . .. ... `SM "dn•t: L+ 01.E ^ �. { J i HISTORY (Front) • ' 'SAN'FPANCISCO GENERAL H05F .L ci ti rvv .t - .. C1 ) n t } +SSa Turn O+ter — Herrn 3.d+s of Fiisl7r,r 53,ert Must BeUsed — _----' HISTORY ORY (Back) -S:c'N'•RANF_:SCO GENERAL HOSMAL - S Azj ��. �C �?._. !`�"/"•`�'it'.G�^'� /� :`;�..Gt..✓3•�= J�-�•�„�, �',^.,,.� �J l�-' -C_.i• 1_;"'p.,t�ii....•:.. - -� fir. �� yL� !•rz�,. r��-�fl _ -- _ s II55 l 2=3 o-s�l + �Z.d wsc .ate. ! - s=�-, _ r~.,,�•-s. �- • ... .. ,tom_ .��.... _ .. �� � G"s:_ �.. � .�, - � � �^. . .. _ _.__..._. _ ''• �` "'^f'..:..._-'�'�-�"� �`-n_-_-1�=_.� �...�.•v_4�-tom- _�r�'��:+.�+_-�'� i.:�J :~ - - [ } - HISTORY (Front) SAW:RANC.'SCO GENERAL HOSF„AL - f rJ�.. �i!/��r_. i..- � � � L. �+�1��%f c2.'�✓'^.�.� 11�i /3 f. k/I-ra- �ir,.•�t L i ._.-- - -• _._._._. -� .t G �^/1L.�`�._�^� �I ''(-gin•l'" � ..Z(�'r,lL. �'�.C•G'� �`'�`��'_Com. . _ _ . z y, ___. --. _ . _ _ __. ... _. , j,��i ,, �I.C�� r�•+Jc•bt� (Leu .�:�titf2 .��,� g-z.: �..�'CA �;�. � _.....��T ' LA r •'] rw:�Y: .tom+ t E i r - ly- ✓ [rs� �Z= lle !5 n+ ✓- .ly 1 j��+y,+y�����) �Ytt:.0 t✓�' t ._ IY� .T.V�_ , Tu'.. 0.-. 1:,r S. t.. of Not�r. the-r",ust A, !J�.a a�i -..1:.• •4hh�;�-.'+'.'a �,�t' S' cT:� -. �4ny+i,'�'YSi.i'v:. 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"'r;:�f:3-:;..r: :�2:a�.'r';-.f'x'•:.='so-+s...•.,:�r•' �r,.� -`�':.-. .�::+.•-� � . t.� ,:�4v'-J. ��,��Y�+i�"��« i::,+Y„r+1��« 'f.K�>j;�^.�i� �vl.G.�.,�ti��?' ..: ��j9M�� •t• i� ^`h`s• :� ��t'v,�>.'"§,•.�,':$'k•'",Y'"'�;�r-..�Se'S�, �'r.:�a:xi;+'�,;%` T.J� ?..•,3�,,:�,, .�a�.�-+...s,:.=:,::.'•s,.'zs, ��r:::.�i=-:i.:l-r3�'.�''�-'�=`*;�:�•�r'..,'.?; -t�•"l.s„�� _x.t.:"':tl•,�,rY,' ..�h-i+;�v'�6'''d'�•:r'i "j=.'x.'s: •`_'`�a,�.ri:�F''�'s4-�,+;._7;:+:_'w'� ":'ri.�:'. -'�e.�:,+y�=a,..:r„'.�' ;�r,�'." +S�' r.'F-^ed^ '� .�.��,�'_�,•.: �;':'`-- r�'_-'i}'<::!;:�4�` s•=-' '��•r�:_ _ _;ice_ •?;�: ;'. 3 L �+..++ .#-��: k�„• ::�' a;:}•:�?"x*'3;s•r� mit :H ';:s� �.:C:��:>,�. �;., - :�” :.�?u r'r! e�t�'T�: "'+r.•. �:-,j.; ':� .. :" ,;. � .F:°;���••'`'!��. CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: John Milton Martin Address : 165 Marin Avenue, West Pittsburg, Calif. Attorney: Stanley K. Dodson, Sanders , Scott F Dodson, Attorneys at Law, 2211 Railroad Avenue , Pittsburg, California 94565 Amount: $115 ,000. 00 Date Filed : April 21 , 1972 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: April 21 ; 1972 W. T. PAASCH, By Dorothy A. Harkness 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 reco end referral to : (County' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: � Z JOHN B . CLAUSEN, By DLiputy 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 May 2. 1Q72 (copy of Board Order also attached ) . Please-forward t is claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on Mav 3, 1972 , and memo thereof filed and endorsed on c aim, per Government Cod Section 2„9703 . DATED : May- 3. 1872 W. T. PAASCH, By Na La . .arzn; 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: May 3, 1,,972 Public Works , By DATED : May 3 . 1972 County Counsel , By l BOARD of SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) .Damages: ) JOHN MILTON MARTIN, CLAIMANT ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a- citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully , :prepaid, a certified copy of : Board's order of May 2, 1972, denying abov" captioned -claim, together with "Notice of Denial" of said claim to the following: JOHN MILTON MARTIN C/o Sanders, Scott & Dodson Attorneys at Law 2211 Railroad Avenue Pittsburg, California 94565 .1 declare under penalty of perjury that the foregoing is true and correct. Dated: May 3'., 1972 . at Martinez, California . Deputy. Clerk FILED l�-71-500 MAY 9 1972 W. T. PAASCH CLERK BOO OF SUPERVISORS A COSTA CO. Bye Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, CaliforniUa To: JOHN MILTON ?MARTIN C/o Stanley K. Dodson: Attorney at Law Sanders, Scott & Dodson Attorneys at Law 2211 Railroad Avenue Pittsburg, California 94565 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on April 21, 1972 Was rejected by the Board of Supervisors of said county on May 2. 1972 . WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: May 3, 1972 W. T. PAASCH, CLERK By y Deputy Clerk cc. County's Ins. Carrier IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA May 2 _ , 197`2 In the Matter of ) Claim for Damages. ) John Milton Martin, 165 Marin Avemsf West Pittah"rx-„_ California, through his attorney, Stanley► K_ I?oCisnn f snnaarp_ gpotZ____ & Dodsong Attorneys at Law, 2211 ilrcad A nz.: ?ittsgym_ aAiirQ= fl having filed with this Board on AptLI 21 , 197 , claim for damages in the amount of $115,000 (as of date of nras�ntat�en of cl a 4 M) ; NOW, THEREFORE, on motion of Supervisor seconded by Supervisor J, T. Moriarty , IT JS 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, J. E. Moriarty, W. N. Boggess, E. A. Linschaid. NOES None ABSENT: Supervisor A. M. Dins. 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 O„a day of , 1972___"•- W. T. PAASCH, CLERK By Cmc u� DOr thy Deplaty ertni cc: Claimant Public Works (3 ) Attention Mr. Broateh County Counsel County Administrator Hospital OILED W. T. PARS "!? t� In the Matter of the Claim of ) CLAIM FOR PERSONAL INJURIES JOHN MILTON MARTIN ) (Government Code § 910) VS. }, COUNTY OF CONTRA COSTA ) TO: THE BOARD OF SUPERVISORS OF THE ,COUNTY OF CONTRA COSTA YOU ARE HEREBY NOTIFIED that JOHN MILTON MARTIN, whose address is 165 Marin Avenue, West Pittsburg, California, claims damages from the County of Contra Costa in the amount, computed as of the date of presentation of this claim, of $115,000.00. This claim is based on personal injuries sustained by the claimant on or about January 15, 1972, at the Contra Costa County Hospital, Martinez, California, under the following circumstances: Claimant, while a patient at said hospital, was given an - enema by an employee of said hospital, whose name is unknown to him. In the process of giving claimant the enema, claimant' s rectum was perforated. As a direct and proximate result of the conduct of the County Hospital employee referred to, claimant was hospitalized for a period of approximately two months, during which time it was necessary for him to submit to major surgery. Claimant is informed and believes that it will be necessary for him to submit to further surgery, and that as a result of the con- duct of said employee, he has suffered permanent and disabling;_; injuries. The amount claimed, as of the date of presentation of.' this claim, is computed as follows Expenses for medical and hospital care. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. : . . . .$ 10,0000,00 Estimated prospective medical and hospital care. . . . . . . . . . . . . . . . . . .. . . . . . 50000000 General damages. . . . . . . . . . . .. . . . . . . . . . ... . . . . 100,,000.00 Total amount claimed as of the date of presentation of this claim. .. .. . . . . . .. . . .. . .$115,000.00 All notices or other communications with. regard to this claim should be sent to claimant in care of his attorneys, SANDERS, SCOTT & DODSON, Attorneys at Law, 2211 Railroad Avenue, Pittsburg, California 94565, to the attention of Stanley K. Dodson. Dated: April 20, 1972._ STANLEY K N -2- i CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: ELSIE INGRAM Address : 42 Robinson Street, Pittsburg, California Attorney : William G. Broderick, Sherbourne & Kilbourne, Inc. , Attorneys at Law, 70 Doray Drive, Pleasant Hill, Calif. 9 .523 Amount: $10,000.00 P. O. Box 23576 Date Filed : April 20, 1972 By delivery to Clerk By mail , postmarked 4 18-72 (received in Administrator Is office & then delivered to I . FROM: Clerk of Board of Supervisors Clerk of Board Office ) 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: April 20, 1972 W. T. PAASCH, By4y2G � ourette Kincaid., 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 reco end referral to : (County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: yJOHN B . CLAUSEN, By 4Detut 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 May 2 1972 (copy of Board Order also attached ) . Please forward t is claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on May 3, 1972 and memo thereof filed and endorsed on claim, per Government Code Section 29703 DATED: May 3, 1972 W. T . PAASCH , By Doroy acini 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: May 3. 1972 Public Works , By DATED : May 3. 1972 County Counsel , By �� f BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, :CALIFORNIA AFFIDAVIT OF MAILING .'In the Matter of Claim for ) Damages: ) ELSIE INGRAM, CLAIMANT ) I declare under penalty of perjury that I am now, and .at all times herein mentioned have been, a citizen of the •United States, over age 21; and that today I d6posited in the -'United States Post Office in Martinez, California, postage fully prepaid, a certified copy of : Board's order of May 2, 1972, denying above— captioned claim, together with "Notice of Denial" of said claim to the following: MS. ELSIE INGRAM c/o Sherbourne & Kilbourne Post Office Box 23576 Pleasant Hill, Californi 94523 Attn: Mr. William G. Broderick .S declare under penalty of perjury that the foregoing is true and correct. Dated: May 3`.�_ , at Martinez, California . FI L E Deputy Cleric MAY,:? 1972 W. T. PAASCH CLERK 00 RD OF SUPERVISORS RA COSTA CO. /Y Deputy 1-71-500 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: MS. ELSIE INGRAM c/o William G. Broderick of Law Offices of Sherbourne & Kilbourne Post Office Box 23576 Pleasant Hill, California 91+523 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on April 20, 1972 was rejected by the Board of Supervisors of said county on May 2. 1972 • WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: Many' 2. 1972 W. T. PAASCH, CLERK cc: County's Ins. Carrier By Dorothy haZzar#.ni. Deputy Clerk IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA Kay 2 197? In the Matter of ) Claim for Damages. Elsie Ugramg 1+2 Robinson Street, Pittsburg, Californian through her attorney, William G. Broderick of Sherbourne & Kilbourne# Post Office Box 23576, Pleasant Hill, California having filed with this Board on April 20 , 197_.L.,, claim for damages in the amount of $10,000 ; NOW, THEREFORE, on motion of Supervisor d. P. 141nnY , seconded by Supervisor J. E. Moriart7 , 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. Kennl!, d. S. �iartlr W. N. Bo6gess, 8. A. Linscheid. NOES: bone. ABSENT: Supervisor A. M• Dias. 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 thard of Superxi affixed th' day of Pay , 19� W. T. PAAS CH, CLERK By �. oro�t i Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator f 0 2 RECEIVED NOTICE OF co APR 19 1972 ry Contra Costa County SUSTAINING PERSONAL INJURY Admdttistt4tu 9 5 � TO: COUNTY OF CONTRA COSTA Take Notice that claim is hereby made for personal injuries against the County of Contra Costa, California. Claimant: Elsie Ingram 42 Robinson Street Pittsburg, California Notices : Notices are to be sent to the law offices of SHERBOURNE & KILBOURNE P. 0. Box 23576 Pleasant Hill, California 94523 Date of Injury: January 11, 1972 Place of Injury: 3333 Willow Pass Road, Pittsburg, California. Facts : On January 11, 1972, Elsie Ingram fell in a hole in the street adja- cent to the office of Dr. Robert B. Abbott, 3333 Willow Pass Road, Pittsburg, California. Injury or Loss: Claimant received injuries to her left knee and back and facial bruises. Amount Claimed: The amount claimed is $10,000.00 for claimant's injuries. SHERBOURNE & KILBOURNE By: LXe William G. Broderick Attorney for Claimant FILED 1972 W. T. PAASCH CLER, BOARD OF SUPERVISORS ON COST CO. By Jt¢_! Deputy �pp x O � a a car �w 0 I�,, rt o ►I ~; w a� CA � m 0 a 0 rt z60 i r =� co JAMES G. BOORNAZIAN JAMES G.BOORNAZIAN BERRY, DAVIS & M C I N E R N EY SAMUEL H.BERRY HOWARD R.MELAMED ATTORNEYS AT LAW ROBERT M.DAVIS UNITED CALIFORNIA BANK BUILDING THOMAS MCINERNEY 1330 BROADWAY ARNOLD B.HAIMS PHILLIP S.BERRY OAKLAND,CALIFORNIA 94612 CLYDE L.MweGOWAN April 28, 1972 (416)634-4350•(415) 835-8330 N.JOSEPH PRATO JOHN C.ROGERS RECDR SSEL J.A.COSGROVE GERALD W.MCGEE CONRAD H.GOERL County Clerk's Office t���, Q!2 County Administration Bldg. !� ~ Pine Street W. T P A A S C H Martinez, California 94553 e4�RK N RA 00 �Qv�soaa b eautY Re: Nall, Carter v. East Bay MUD Our File: 5738 Attn: Geraldine Russell Assistant Clerk of Board of Supervisors Dear Mrs . Russell: Enclosed please find an original and copy of a Declaration which I have prepared for your signature. Michael Farr, the Deputy County Counsel, advised me to forward this document to you directly and I am following his instructions . I believe that the information I have included in the Declaration is accurate but if you find any errors, please line out those errors on the original and copy, initial the errors and then return the original and copy to this office in the envelope I have provided for your convenience. The thrust of your Declaration will be to expose the fact that the two claimants were well aware of the statutory period of 100 days in which they had to file their claim against a public entity. Our office represents East Bay MUD which is likewise a public entity and the claim against our entity is that the petitioners were unaware of the 100 day period provided by Section 911.2 of the Government Code. Obviously, this is absurd since they knew well enough to file a claim against the County of Contra Costa. Thank you for your cooperation. Very truly yours, 1 . f HOWARD R. MELAMED HRM/pm Encl. a TI-7 /I 1 JAMES G. BOORNAZIAN 1330 Broadway, Suite 1633 2 Oakland, California 94612 Telephone: 834-4350 3 Attorney for Respondent 4 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY Or C014TRA COSTA 10 RAY CARTER and DIANE W. HALL, ) NO. R--21338 ) 11 Petitioners, ) DECLARATION OF GERALDINE RUSSELL 12 13 EAST BAY MUNICIPAL UTILITY ) DISTRICT, ) 14 ) Respondent. ) 15 ) 16 I, GERALDINE RUSSELL, say: 17 That I am the Assistant Clerk. for the Board of Supervisors , 18 County of Contra Costa, and if called to testify, could 19 competently testify to the following: 20 That in my capacity as Assistant Clerk and Deputy Clerk 2I of Contra Costa County, I am the Custodian of Records for all 22 claims made against the public entity known as Contra Costa County. 23 That on or about June 25, 1971, my office received a claim from 24 two individuals named DIAIIE NALL and RAY CARTER. The claim of 25 DIANE N_ALL in substance alleged that on or about March 17, 1971 26 DIANE PALL sustained bodily injury on Ralston Avenue in the County 27 of Contra Costa. The total amount of said claim Eras $5,000.00. 26 ' A claim against the Board of Supervisors of Contra Costa JAMES G.BOORNAZIAN BERRY.DAVIS E MtINERNEY ATTORNEYS AT LAN 1330 BROADWAY OAKLAO,CALIF.94612 (115)831.4350 14151835.8330 1 County was also made by RAY CARTER for damages to his 1970 Volks- 2 wagen sedan in the amount of $554.00 and that claim was also 3 received on or about June 25, 1971 and alleged that the date of 4 the damages to the Volkswagen was March 17, 1971. The claims of 5 both DIANE NALL and RAY CARTER requested that all notices with g regard t) the claims should be sent to the law offices of Louis A. 1 7 Filice and Louis A. Filice also signed the claims. 8 The aforementioned claims were both rejected on July 61 9 1971 and notice of rejection pursuant to Government Code 913 was 10 sent on July 7, 1971. 11 I declare under penalty of perjury that the foregoing is 12 true and correct. 13 Executed on May , 1972 at Martinez, California. 14 15 GFMDINE RUSSELL GERALDINE RUSSELL 16 17 18 19 20 21 22 23 ; 24 25 26 27 28 JAMES G.BOORNAZIAN BERRY,DAVIS 9*INERNEY ATTORNEYS AT LAM 1330 BROADWAY OAKLAND.CALIF.91612 (415)834.4350 14151835.8330 _Z_ BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of } Claim for Damages } L E } Robert W. Wiley, Inc . 0 20, /y z a California corporation } W. T, P AA k- CLERK BOARD Or- -,L'R[_RVISORS NTRA C STA CO. Deputyl I declare .under penalty. of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of Board's order of April 18, 19723 together with Notice of Denial relating to above claim to the following: Robert W. Wiley, Inc . c/o "Alfred. A. Affinito Attorney at Law - - 538 550 Affinito Lane Pittsburg, California 94565: I declare under penalty of perjury ;'that the foregoing is true.: and correct. Dated: Apr1.7...2o....1sZ7_ .,.�._. ,., at Martinez, California. Aulene B. Jose epu y Cleric 4-71-500 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: Robert W. Wiley, Inc. c/o Alfred A. Affinito Attorney at Law 538-550 Affinito Lane Pittsburg, California 94565 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on March 24,„ 1972 was rejected by the Board of Supervisors of said county on April 18, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the trail to file a court action on this claim. See Government Code Section 945.6• You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: April 20, 1972 W. T. PAASCH, CLERK By. LZ7 Aulene B. ;' s " h Deputy Clerk cc : Pacific Indemnity Company 4341 Piedmont Avenue Oakland, California 94611 Attn: Mr. Dick Nachtsheim IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA April 18 , 197.'2 In the Matter of ) Claim for Damages. ) Robert W. Wiley Inn _ , a Cal i fnrni a r+nr�yn�3b3GtZTb•y aAd thp@Ugh Alfred A. Affinito, Attorney at t T_nw, 52R_55n offznit,iang' pl4tabuVg Califor in 4 565 having filed with this Board on Marnh p4 1972_, claim for damages in the amount of $50 .000 .00 plus a ttnrnPy'G f PPG and rniirt ,nStc NOW, THEREFORE, on motion of Supervisor J. E. Moriarty , seconded by Supervisor W. N. Engsess , IT IS BY THE BOARD ORDERED that said claim is hereby DENIED. The foregoing order was passed by the following vofa of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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 18th day of April , l97 2 . W. T. PAASCH, CLERK BW PMy Aeputy'Cler h cc: Claimant Public Works (3 ) Attention Mr. Broatch County Counsel County Administrator Building Inspector CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: Robert W. Wiley, Inc. , a California corporation Address : c/o Alfred A. Affinito, Attorney at Law, 538-550 Affinito Lane Attorney: Pittsburg, California 94565 Alfred A. Affinito Amount: $50,000 .00 plus attorney 's fees and court costs Date Filed : March 243 1972 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: March 24 , 1972 W. T. PAASCH, By dj, (]._,t�_A Aulene B. se eputy II . FROM: County Counsel ' s Office TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910 . 2. X Above claim FAILS to comply substantially with said Sections : ( ) Board may not act on claim until 15 days after notice is given by this office; ( X ) 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: March 28, 1972 JOHN B . CLAUSEN, By Deputy III . FROM: Clerk of Board of Supervisors TO : (1 ) Public Works Department, Attention Business & Servi es Manager (2) County Counsel ' s Office Attached are copies of above claim which was REJECTED by the Board of Supervisors on April 18 . 1972 (copy of Board Order also attached ) . Please forward--tFi s 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 : April 20, 197 _ W . T. PAASCH, By Aulene B. se h 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 , Byu�h , LAWOFFICE F �f 1 ALRED A. AFFINITO 536-550 AFFINMO LANE 2 PIrrSBURG.CALIFORNIA 94565 AREA CODE-415 T PAASCH S01 3 TELEPHONE 432.4731 a ER` O A cra4 BY 4 5 6 Claim of ROBERT W. WILEY, INC. ) a California corporation, ) 7 ) CLAIM FOR DAMAGES- TO vs. ) REAL PROPERTY 8 ) (Inverse Condemnation) COUNTY OF CONTRA COSTA. ) 9 ) 10 11 TO THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY: 12 YOU ARE HEREBY NOTIFIED that ROBERT W. WILEY, INC., a 13 California corporation, whose address is: c/o ALFRED A. AFFINITO, 14 Attorney at Law, 538-550 Affinito Lane, Pittsburg, California 94565, claims 15 damages from the County of Contra Costa in the amount, computed as of the 16 date of presentation of this claim, of $50, 000. 00 plus attorney's fees and i7 court costs. 18 This claim is based on damages to real property sustained by claimant 19 from inverse condemnation arising out of the wrongful failure to grant a build 20 ing permit on certain real property of the claimant described in the complaint 21 in eminent domain filed by the County of Contra Costa in the Superior Court 22 of Contra Costa County, Action No. 117, 876, and the claim of the claimant 23 herein that said complaint in eminent domain is improper because the County 24 of Contra Costa has no intention to devote said real property to a public use 25 within a reasonable period of time. 26 The name of the public employees causing the claimant's damages 27 under the described circumstances are unknown to claimant at this time. 28 The damages sustained and to be sustained by claimant, as far as 29 known as of the date of this claim, consists of the inability of claimant to 30 use its real property for any purpose since June, 1969. 31 The amount claimed as of the date of presentation of this claim is 32 computed as follows: I 1 Damages for inverse condemnation and/or, inability to enjoy .or use real property $ 50, 000. 00 2 Attorney's fees and court costs in Superior 3 Court, Contra Costa County, Action No. 117, 836 To be.set by Court'order 4 5 All notices or other communications with. regard to this claim should !6 be sent to claimant at: c/o ALFRED A. AFFINITO, Attorney at-Law.. 538-55 7Affinito Lane, Pittsburg, California 94565. 8 DATED: March 23, 1972. 9 ROBE . WILEY, INC, 10 By: 11 AL ED A. AFFI Att ney in Fact 12 13 14 15 16 17 18 - 19 20 - 21 22 23 24 25 26 27 28 29 30 31 32 uw crncca ALFRED A.AFFINITD 42 E09-860^rrimm LAN[ PITTSBURG,EMLIF.44565 AREA CODE-415 - .. .. TELEPHONE 432-4731 - - 0 NOTICE OF INSUFFICIENCY To: Robert W. Wiley, Inc. c/o Alfred A. Affinito Attorney at Law 538-550 Affinito Lane Pittsburg CA 94565 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. 1. The claim fails to state a cause of action against the County of Contra Costa or any employee thereof. X 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 not signed by the claimant or by some person on his behalf. 9. Other: JOHN B CLAUSEN, County Counsel By Deputy County Counsel Arthur W. Walenta, Jr. CERTIFICATE OF SERVICE BY MAIL '(C.C.P. § 1012, 1013a, 2015.5; Evid.C. §5641, 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: March 28. 1972 , at Martinez, California. MDF:mls� cc: .Clerk of Board of Supervisors Public Works Department CC-33:250: 7/70 (Notice of Insufficiency of Claim; Govt.C. §§910, 910.2, 910.42 910.8) BOARD OF SUPERVISORS, CONTRA COSTA COUNTYs, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of } Claim for Damages: ), FILE JANET GRANLEE and JOHN I G 01 1'/1Z MORRIS, II ) ��� CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. By Deput I declare under penalty of perjury that I am now,. and at all times herein mentioned have been,. a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid,. a certified copy of Board's order of April 1$, 1972 together with Notice of Denial relating to above claim to. the folhowing:. Janet Granlee and John I Morris, II c/o -James F. Kemp 428 First Street East P. 0. Box 176 Sonoma, California 95476 I deeiare under penalty, of per.3ury that the" foregoing is true and' correct,. Det►ads April 20 . 1972 at Martinez,! California. Aulene B. Josep u y Cler 1,-71-500 THE .BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: Janet Granlee and John I. Morris, II c/o James F. Kemp 428 First Street East P. 0. Box 176 Sonoma, California 95476 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on April i n - 1272 was rejected by the Board of Supervisors of said county on April 18 1972 - WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: April 20, 1972 W. T. PAASCH, CLERK cc: Pacific Indemnity Company By O'L 2� — 4341 Piedmont Avenue Aulene B. JiffseA Oakland, California 94611 Deputy Clerk Attn: Mr. Dick Nachtsheim IN THE BOARD OP SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA Apr it--18 -.: 1972. In the Matter of ) Claim for Damages. ) JANET GRANLEE .and. JOHN 1—MORRIS, I I, by and through— James hrough-James F. Kemp, 428 First _.Street East, P. 0. Box 176 , Sonoma, - California 95476 having filed with this Board on April 10 , 1972 , claim for damages in the amount of $100,000 - -_ NOW, THEREFORE, on motion of Supervisor T F Mnr;arf-;; I seconded by Supervisor W. N. Boggess , 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, W. N. Boggess, E. A. Linscheid. 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 18th day of April , 197 2 W. T. PAASCH, CLERK By. aj,7�t- 2� gacu� Aulene B. Jo ph Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator r k CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements C1aimantst JAI�TET GRANLEE, 2855 Acacia Avenue, Sonoma, California 95+76 " and JOHN I. MORRIS, II, 910 Central Avenue, Safford, Arizona Attorney: James F. Kemp, 128 First Street East, P. 0. Box 176, Sonoma, California 95 .76 Amount: $100,000 Date Filed : April 10, 1972 By delivery to Clerk By mail, postmarked T=T-72 I . FROM: Clerk of Board of Supervisors TO: County Counsel ' s Office Attached is a copy of the above claim. Is it sufficient and does it comply substantially with Government Coder$ectis 9 and 910 . 2? DATED: April 10, 1972 W . T. PAASCH, By Doro y La arini Deputy II . FROM: County Counsel ' s Office TO:/ Clerk of Board of Supervisors 1/ 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 exp,ired-.. We reco end referral to : (County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: 92-2- JOHN B . CLAUSEN, By . ..,.._•, De ut 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 t is claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on pnrilP0. 1972 , and memo thereof filed and endorsed on claim, per Government Code Secti n 29703 . DATED : Ajoril p 1972 W. T. PAASCH, By B aa4,/1 Aulene B. Jos h, Puty IV . FROM: (1 ) Public Works Department (2 ) County Counsel ' s Office T0: 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 J a rAPR LED 10 1972 W. T. PAASCH CLERK El0 RD OF 5UpgRViStiftS C RA C08�f�,CQ.. By ......» . .. CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO: THE CLERK OF THE BOARD OF ,SUPERVISORS, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA 1. The claimants' names and post office addresses are as follows : JANET GRANLEE JOHN I, MORRIS, II 2855 Acacia Avenue 910 Central Avenue Sonoma, California 95476 Safford, Arizona 2. Claimants desire notices to be sent to the following posh office address : JAMES F. KEMP 428 First Street East P.O. Box 176 Sonoma, California 95476 3. The date, place and other circumstances of the occurrence or transaction that gave rise to this claim are as follows: JOHN IVY MORRIS was admitted to the Contra Costa County Hospital, Martinez, California, on January 22, 1972, at about 3:00 P.M. , by reason of severe injury to his head sustained in a fall earlier that day. Mr. Morris was left unattended in said hospital without treatment or care and died at approximately 11:20 P.M. on January 22, 1972. 4. The names of the public employees causing said death are as yet unknown. 5. The amount claimed as of the date of presentation of this claim is $100,000.00. 6. Claimants are the children of the above named -i- . ..N • • - M .. -% -, I I I * I'1 . ' � I � -1 -11 - w 1� '_ • - I . �.. ..,, Y.: 1, . . I. I I � . ."I I _. I ,� I I- I ... - :` �!� " -"� -_ - ':.' , �''.'.'.' �'�f � r __' I'-, _l_,�.__._'' I- I decedentI and ,---hiIs sII ole heirs. �. I, JAMES F KEMP, .a.n attorney duly licensed to practice in the State of California,. am presenting this claim.: on; behalf of the claimants above named. DATED: . AI pril' 7, 1972 . . "_r,,. -. -_: - James F. hemp , , . v_:,. . �,x, � .,1 Y Af:. f7 - , -s xC`Y�^ .. 4. :- k :' r" }'S - G.-^, } ipo, { i t _: .: . .. - - h :. .. .. .. ..:c - +,. .: _ , ,. .... :_ .. .�_ .� T hyM1 C t +T -�_1 K y dr tax ,.iw t A S t i.. { 'r s, _ .i % ..' e i a y 1 ..... _.. .. r - .. / r:T } 11 -( i.. . ., .. -. , _ > i,s,aa .. ,-� s-7� F -r.,,a :. :.�. ., ,_- ,," .: - _ -..: .. x, .- _-. .,. ,-. . { m - _ S. .- _ ,. . ,.i %.11 11 . _ ': - .. --- . . . Z. . y 1. _ : .-„. _ ,... I - ,.. :: :. - .. -.. -2. Z ^2'4 I I I I I I - �,� I . a � �.: �- . ..", :"'.��: �".:�;�"' ... _-.:�'�'��"'��"2 ,��'��'�" , I I t %� ,. Nr f oProof of Service By Maio I, the undersigned, say: I am a citizen of the United States and a resident of the County of Sonoma, California. I am over the age of eighteen years and not a party to the within action. My business address is 428 First Street East, Sonoma, California. ,fin April 7 , 1972 , I served the attached Claim Against the County ot Contra Costa duplicae ori inals by placing Athos meaW hereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Post Office mail box at Sonoma, California, addressed as follows: Clerk of the Board of Supervisors County of Contra Costa Martinez, California 9.4553 I declare under penalty of perjury that the foregoing is true and correct. Executed on April 7 1972 at Sonoma, California. 19 N J O m > Z a O v s o to r, J N� �-n N �y� h J rh Y O lw- "a Y l O p� �t �Dk A� N N'► � " Ta y."� O cdg t-P,J► �O �1+ N W ri G e* r.. N N 0 DISPATCH MEMORANDUM From: JAMES F. KEMP 428 First Street East Attorney at Law P. 0. Box 176 Sonoma, California 95476 Area Code 707 996-8461 To: Clerk of the Board of Supervisors April 7 , 1972 County of Contra Costa Re: Martinez, California 94553 File # Your # Items as follows are enclosed: Three signed originals of Claim Against the County of Contra Costa. Check It $ , order of Please accommodate as follows : Please file and present to Board of Supervisors for consideration. El Apply check to: [ ] Acknowledge receipt on copy hereof. Thank you for your courtesy. James F. em Receipt acknowledged: , 19 —V By Comment: ALLEN BETTINI & CARTER, INC. Real rutate — Imwaffee UNITED STATES FIDELITY AND GUARANTY COMPANY #18 Bank Street Telephone: 954.6454 SAN ANSELMO, CALIFORNIA 99960 RECEIVED PP 1 ^1972 W. T. PAASCN CLERK BOA D OF W�EfrY7zOR1 A' Cr :L�y1 Board of Supervisors Contra Costa County - --• 100 - 37th Street Richmond, California Re Our Insured: Kevin Rathbone , - D/A: 3-28-72. Gentlemen: On' the above date, near Big Sur, Mr. Charles Jacobson, an employee of the Contra Costa County Probation Department , was involved in an accident with an automobile driven by our client, , Mr. Kevin Rathbone . Mr. Jacobson was driving a station wagon with license number ES5S886. The circumstances indicate the accident to be the fault of Mr. Jacobson. Mr. Rathbone has obtained two estimates for :the repair of his vehicle , the lower of which is in the amount of $152. 75 , and he wishes to present a . claim for his damages . Please advise us of the proper procedure to be followed in filing such a claim. Thank you for your courtesy in this matter. Very truly yours , ALLEN, BETTINI F CARTER, INC. CPB:ps t� April 10, 1972 ' Select and consult pondon ' agent or broker as you would your doctor or lawyer. 7 Yo�o Act a - OCA _r ? O cd O 44 • O i-� ri - a 44 v � v .Ly H M E t w 43 x # r V O l �s'i 3 R-r �1✓ 'y{ t t►�jyy � n r la _ } - ap a r - r• •y t f ii�.+.s z Z y r a ...d � Y' • A ME5 D. HILL ATTORNEY AT LAW RECEI . BD SECURITY NATIONAL BANK BUILDING, 1500.NEWELL AVENUE,SUITE..401 _ �,7R 171972 WflLOUT CREEK,.CALWORi RI:44596 14151 H37-3620' W. T. PAA 8 C H CLERK SOA D OF SUPERVISORS �' co M COT CO. By DRGUYy Apri1, 14,' 1972 Clerk, Board of Supervisors Contra Costa County County Administration Bldg. P.O. Box 911 Martinez, California 94553 RE: MAHALIA FORREST Gentlemen: Please advise this office as to the status of this matter. Since our letter of February 11, 1972, there has been no answer as to the decision made by the County Lien Committee. Your anticipated cooperation in this matter is appreciated. Very truly yours, D. HILL JDH:kng .(moi nt�Gtc� zT.!6�i' . r 4, In the Board of Supervisors of Contra Costa County, State of California February 22 , 19 - In 9 In the Matter of Request for waiver of county lien with respect to certain property of M. Forrest. This Board having received a letter dated February ll, 1972 . from Attorney James D. Sill, 1500 Newell Avenue, Suite )4.01, Walnut Creek requesting the county to waive its lien on certain property in order that his client, Mrs. Mahalia Forrest, may acquire another property and subsequently transfer title on same to her daughter; On motion of Supervisor J. P. Kenny, seconded by Supervisor W. X. Boggess, IT IS BY THE BOARD ORDERED that the aforesaid request is REFERRED to the County Lien Committee for recommendation.. The foregoing order was passed by the following vote: AYESs Supervisors J. P.* Kenny, A. M. Dias, J. F. Moriarty, W. N. Boggess, E. A. Linscheid. 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: County Lien Committee Witness my hand and the Seal of the Board of Administrator Supervisors County Counselaffixed this 22nd A of February , 1972 Auditor W. T. PAASCH, Clerk By Deputy Clerk 1,510--e-Tte KIncald H 24 11/71 10M .. * Y' JR� JAMES D. HILL ATTORNEY AT LAW 1500 NEWELL AVENUE, SUITE 401 RECEIVED WALNUT CREEK, CALIFORNIA (415) 937-9620 FEB 1 4 1972 W. T. PAASCH CLERK 8OA D OF SUPERVi^ RC O RA CO CC, February 11, 1972 Clerk, Board of Supervisors Contra Costa County County Administration Bldg. P.O. Box 911 Martinez, California 94553 RE: MAHALIA FORREST Gentlemen: We are writing to ask that a particular County lien be referred to the County Lien Committee for consideration of release as to a specific parcel of real property. On March 7, 1963, a County lien was recorded as instrument no. 19768 in book 4317 Official Records of Contra Costa County at page 82 signed by Mahalia Forrest. Mrs. Forrest was informed that she had to sign certain papers in order to obtain treatment for her sister at the County Hospital. This lien was one of the documents she was required to sign. Recently, Mrs . Forrest investigated the possibilities of assisting her daughter and son-in-law, Carl and Joyce Williams, in purchasing a home. Mr. and Mrs. Williams do not have sufficient income at the present time to qualify for a loan on the home they seek to purchase. However, the lender has indicated if Mrs. Forrest takes title to the home and allows Mr. and Mrs. Williams to occupy it for a short period of time, possibly three to four months, that the lender will then allow Mrs. Forrest to transfer title to Mr. and Mrs. Williams, and allow them to assume the responsibility for the loan. r J Clerk, Board of Supervisors February 11, 1972 Page Two In the process of concluding the escrow for the purchase of this home the title company discovered the County lien, which of course will prevent Mrs. Forrest from taking title on behalf of her daughter and son-in-law. The request which is being submitted for the consideration of the County Lien Committee is that the County release its lien only as to the prop- erty to which Mrs. Forrest will take title on behalf of her daughter. It is my understanding that Mrs . Forrest own their own home and ultimately the County will be paid when that home is sold or the estate of Mr. and Mrs. Forrest is ultimately probated. It would be of great assistance to this entire family if the County were to waive its lien as to the specific property which Mrs. Forrest's daughter will take title to ultimately. Your serious consideration to this request will be greatly appreciated. Very truly yours, J D. HILL JDH:kng BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA .AFFIDAVIT OF MAILING In the Matter of ) Claim for Damages: ) DAVID W. GARDNER, by his L natural guardian JOHN GARDNER. W. T. PAASCM CLERK BOA,10 OF SUPERVISORS CONT COST O. P.By putt V v I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of Board' s order of April 11, 1972 together with Notice of Denial relating to above claim to the following: DAVID W. GARDNER BY HIS NATURAL GUARDIAN JOHN GARDNER c/o Nichols, Williams, Morgan & Digardi Attorneys at Law 616 Central Building Oakland, California I declare under penalty of perjury that the foregoing is true and correct. Dated t April 13,197.2 , at Martinez, California . epu yVlerx 4-71-500 r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California April 13, 1972 To: DAVID W. GARDNER BY HIS NATURAL GUARDIAN JOHN GARDNER c/o Nichols, Williams, Morgan & Digardi Attorneys at Law 616 Central Building Oakland, California NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on 41. 1972 was rejected by the Board of Supervisors of said county on April 11, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Goverrunent Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: April 13, 1972 W. T. PAASCH, CLERK By r Nancr In sham Deputy Clerk IN THE BOARD OF SUPERVISORS . OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA April 11 , 197' In the Matter of ) ~ Claim for Damages. ) DAVID V. GARDNER, an -incompetent, by his natural guardian, JOHN GARDNER, by and through Nichola -Williams Morgan & Di ardi Attorneys at aw, . oib Gentrai. BulIdIngs DaR.Lancis California having filed with this Board on March_. 31 , 197 2 , claim for damages in the amount of $ 1,500,000 and unknown medical and incidental expense ; 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. E. Moriarty, W. N. Boggess, N. A. Linscheid. 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 11th day of April , 197-2— W. T. PAAS CH, CLERK By lr Nan In raham Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator i ,0�4 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: DAVID W. GARDNER, an incompetent, by his natural guardian, JOHN GARDNER Address : 1327 Grand Avenue, Piedmont, California Attorney: Nichols, Williams, Morgan & Digardi, Attorneys at Lam, Central Building, Oakland, California Amount: $1, 500,000 and unknown medical and incidental expense. Date Filed : March 31, 1972 By delivery to Clerk By mail , postmarked 3-30-72 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? r f DATED: March 31, 1972 W. T. PAASCH, By Doroth z za.Kiffi,Teputy II . FROM: County Counsel ' s Office TO: Clerk of Board of Supervisors Y 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 reco end referral to: (County ' s general insurance carrier; ( Other insurance carrier; (/mg-111- ( County Counsel . DATED: -3 N�pry J� J!17,)- JOHN B . CLAUSEN, By De ut Aji:6Z 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 April 11, 1972 (copy of Board Order also attached ) . Please forward this claim to the County ' s general insurance carrier (ac and umbrella ) . Claimant notified of this action per Government Code Sec- tion 913 on A rril 13, 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED : April 13, 1972 W. T. PAASCH, By Nancy angrifiam., 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: April 13, 1972 Public Works , By DATED: April 13, 1972 County Counsel , By :. . 1 CLAIM AGAINST 2 COUNTY OF CONTRA COSTA 3 (a) Name and address of claimant: David W. Gardner, an incompetent, by his natural 4 guardian, John. Gardner 1327 Grand Av. , Piedmont, Ca. 5 (b) Send all notices to: 6 NICHOLS, WILLIAMS, MORGAN & DIGARDI 616 Central Building 7 Oakland 12, California 8 (c) Date of occurrence: January 27, 1972 9Place of occurrence: St. Stephens Dr. , unincptd.- 10 11 Circumstances of occurrence: 12 Vehicle operated by Corinne Cesvet went out of control by reason 13 of the dangerous con dtion of the roadway caused, permitted and allowed by the County of Contra Costa, striking- plaintiff's vehicle 14 (d) General description of injury, damage, or loss incurred: 15 Multiple injuries including severe brain injury 16 17 18 (e) Amount of claim and basis of computation: 19 $1,500 ,000.00 and unknown medical and incidental expense: 20 21 Dated: March 30, 1972 22 NICHOLS, WILLIAMS, MORGAN & DIGARDI 23 � C h. 24 Attorneys or Claim 25 NICHOLS, WILLIAMS, MORGAN & DIGARDI 26 By Z9 —_ Attorneys for imam 27 28 Receipt of a copy of the within claim is hereby 29 acknowledged this day of 196 30 31 L Fm sa MAH 311972 W. T. PAASCH CHOLS, WILLIAMS, MORGAN 6 DIGARDI LF SCARP QP 6UPERVISORS ATTORNEYS AT LAW Q A STA CO. CENTRAL BUILDING � OAKLAND 12.CALIFORNIA 632.0406 AREA CODE 415 0 y x D �. Z - O p . D D O m - a c T - ' D o ID Z A c lV f, Q.to A)0. 0 It 1-y ct � � � O - NO �+� M w OCDb • ti C W h+' O no c d1 cf- W I� l Cl t�t ' In the Board of Supervisors of Contra Costa County, State of California April 11 19 72 In the Matter of Denial of claim for loss of personal property at the County Hospital. The County Administrator having brought to the attention of the Board a claim filed by Mr. Vernon W. Moeller in the amount of $800 for the alleged loss of a watch and ring while a patient at the County Hospital; and The County Administrator having advised that an investiga- tion of this matter by hospital management reveals that there are no facts in the hospital records to substantiate the alleged loss; NOW, THEREFORE, on motion of Supervisor J. E. Moriarty, seconded by Supervisor A. M. Dian, IT IS BY THE BOARD ORDERED that aforesaid 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, W. N. Boggess, E. A. Linscheid. 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: Mr. Moeller Witness my hand and the Seal of the Board of County Welfare Director Supervisors County Hospital affixed this 11th day of April , 1972 Administrator W. T. PAASCH, Clerk County Counsel , County Administrator By Deputy Clerk Elsie p t H24 11/71 10M • lY CONTRA COSTA COUNTY MEDICAL SERVICES 2500 Alhambra Avenue Martinez, California F:f,R 10 1972 - CA To: J. P. McBrien Date: $ March 1972 Contra Costa Count Administrator r CJ County Administra or '4 19 From: D. J d i U Subject: Loss of Personal Property Hospi 'nistrator - Vernon W. Moeller This memorandum is in reply to yours of February 29, 1972 on the above subject and reference to the above patient's claim of January 26, 1972 in the total amount of $800 for loss of a watch and ring while he Was a patient at the Contra Costa County Hospital. The above named patient has had five admissions to the County Medical Services from May 1971 through January 1972. Only on the admission of May 24, 1971 was the subject watch and ring deposited in the hospital safe. It is our Reception Supervisor's estimate that the alleged loss could have occurred on the November 15, 1971 admission and discharge processes. Hovever, there is no confirmed record of deposit of the allegedly lost items. Regarding advice to the patient, tLere is a sign in the emergency room saying that the hospital maintains a safe for money and valuables and also the patient Admis- sion Form that he signs enumerates the same facts under the conditions of admission. In conclusion, there are no facts in our hospital records to support the alleged loss to the patient and the hospital does notify each patient on every admission of the provision of a safe for his valuables. We recommend that, unless the former patient, Vernon Moeller, can more clearly place the blame for his loss on the County Medical Services that his claim be denied for lack of evidence that the Medical Services did not properly perform its reception and safe-keeping functions. j Copy to: i R. E. Jornlin, Director, Social Services M. P. S. Fernandez, Assistant Hospital Administrator i Patient's chart DJL/dt l i t 1 A-50 4.71 4M f t I ` I 7 George Degnan, 11. D., February 29, 1972 Coinitry 'Medical Director Attention D. J. Ludt;ig J. P. .kBrien, Lose of Personal Property County Administrator Reference is made to the January 269 1972 claim of Vernon W. Noeller in the total amount of $800.00 for the loss of a watch and ring while a patient at the County Hospital. Please forward a complete report of thn facts surrounding the alle-ed loss of valables belonging to this. former patient mid Any -nfo-.TmLion u1nich you may have with respect to the amount claimed. Of particular interest is idZet:1-Lor the patient deposited his valuables in the safe and they t-ere subsequently lost or t1hether he was advised of the safe and that the county would not be liable for lass of valuables unless placed therein and chose not to deposit theca therein. It is also important that you describe the level of care of y this property which was exercised by your staff. ` FF/aa 1 7 of!�1 �� 11 lea � REcc v 00 FE8 1 197 s' t Costa County Administrator • 3�� If*7 January 26, 1972 5 .^. A =, C Fl CLERK BOARD OF SUPERVISORS - yQCOP RAG TA GO By �fsL�i . . Deputy a Contra Costa County Board of Supervisors Gentlemen: On November 15, 1971 , 1 was admitted to M Ward at the ��a b Coon*y Hospital. At that time L w>ts t>•earirg a gold wrist � watch which I purchased in 1967 at Millar Jewelers in Oakland for $300.00 and a geld star shaped diamond rang, with 6 diamonds, vbich I purchased at Milens Jewelers in Oakland about 15 years ago for $500.00. Roth of these items were listed on the clothing sheet in my chart. When I was being discharged from the ward on .Novonber 18, 1971, the ring and watch could not be found and they are still missing. I would like- to have Che items replaced or by compensated for them. y Ve v truly yours, Vernon W. Moeller ,83 Bayview, Pittsburg, California A I • ADVAiNCL COPY fc. i ` CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: Phyllis Vohs and Erik Vohs, an infant Address : 685 Berk Avenue, # 10, Richmond, California Attorney: Lee W. Cake, 2034 Blake Street, Berkeley, California 94704 Amount : $1,590.00 Date Filed : March 27, 1972 By delivery to Clerk By mail , postmarked Mar- 4 - 1972 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: March 27 , 1972 W. T. PAASCH, By , aj, B n","J_-� Aulene B. JgAepf, 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 recoTpend referral to: ( County' s general insurance carrier; ( Other insurance carrier; ( County Counsel . DATED: 27 2r/ 4a /ILZ 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 �Aril 4. 1972 (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 Aril 5 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED : April 5 1972 W. T. PAASCH, By ND LaGni`� 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: Aril 52 1972 Public Works , By DATED: April 5, 1972 County Counsel , 1 r BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING- In the Matter of Claim for ) Damages: ) PHYLLIS VOHS and ERIK VOHS, an infant I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in, the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of Board's order of April 4, 1972, together with Notice of Denial relating to above claim ' to the following: PHYLLIS VOHS and ERIK VOHS, an infant: c/o Lee W. Cake, Attorney at Law 2034 Blake Street Berkeley, California 94704 I declare under penalty of perjury that the foregaing is true and._, correct. Dated: April 5, 1972 , at Martinez, California . FI L E ® V DeputyClerk, A P k 5, 1972 W. T. PAGSCH CLERK BO RD OF SUPERVISORS C RA COSTA C0. epu By Dty v �,-71-500 THE BOARD OF SUPERVISORS . OF CONTRA COSTA COUNTY Administration Building, Roos. 103 P. 0. Box 911 Martinez, California -' To: PHYLLIS VOHS and ERIK VOHS, an infant C/o Lee W. Cake, Attorney at Law 2034 Blake Street Berkeley, California 94704 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on March 27. 1972 was rejected by the Board of Supervisors of said county on April 4, 1972 • WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6• You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so imediately. D&TEDs April 5, 1972 W. T. PAASCH, CLERK By Dorot4 Lazza ini Deputy Clerk , IN THS BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNLI April 4. , 197?_ In the Matter of ) Claim for Damages. ) ) PHYLLIS VOHS and ERIK VOHS, an infant, 685 Berk Avenue, #10, Richmond, California, by and through Lee W. Cake, Attorney at Law, .2034 Blake Street, Berkeley, California having filed with this Board on March 27 , 197.Z_0 claim for damages in the amount of $1 . 590 ; 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 James P. Kenny, Alfred M. Dias, James E. Moriarty, Warren N. Boggess; Edmund A. Linscheid. 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 4t=day of April , 197 W. T. PAASCH, CLERK orot azz ni Deputy Clark cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator Health Department " LEE W. CASE ATTORNEY AT I AW 2094 BLAKE STREET Please reply to: BERKELEY.CALIFORNIA 94704 P.0. Box 496 (415) 548-1077 Berkeley, Calif. 94701 March 24th, 1972 RECEIVED `htati 2 7, 1#7 t1v`: T, PF, S C H CLARK BOARD OF SUPSRVISCFtII C NTRA C TA CO, ^ Clerk of the Bd. of Supervisors ny Deputy Contra Costa County Post Office Box 911 Martinez, California 94553 Re: Claim of Phyllis and Erik VOHS Gentlemen: The enclosed claim for personal injuries is submitted pursuant to the requirements of Government Code Section 910. Please return a filed copy of the claim to the undersigned in the envelope provided. Very y ours , C E W. C LWC:mt encls. LEE W. CAKE Attorney at Law Lam` 2 2034 Blake Street Berkeley, California 94704 a-7. Ad 3 548-1077 k . T. PAASCH CUIM COAFM CF SUPERV15013 4L'Oi�tTi�rt COSTA�CIOUU, Y Attorney for Claimants er ,CON RA COSoeptity 5 6 7 Claims of ) 8 PHYLLIS VOHS and ERIK VOHS, an infant )CLAIMS' FOR PERSONAL )INJURIES PURSUANT TO 9 Claimants ) §910 OF THE GOVERNMENT COrE 10 TO THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA AND 11 TO J.P. McBRIEN, COUNTY ADMINISTRATOR: 12 YOU ARE HEREBY NOTIFIED that PHYLLIS. VOHS, on her 13 own behalf and as the mother of ERIK VOHS, an infant, whose 14 addresses are 685 Berk Avenue, #10 , Richmond, California, claim 15 damages from the County of Contra Costa in the amount computed 16 as of the date of presentation of these claims of FIFTEEN 17 HUNDRED AND NINETY DOLLARS ($1,590. 00) . 18 These claims are based on personal injuries 19 inflicted on claimant, ERIK VOHS , on or about January 26th, 1972, 20 while the said ERIK VOHS was being attended at the Contra Costa 21 County Health Services Well-Baby Clinic in Richmond, under the 22 following circumstances : 23 Claimant ERIK VOHS was injured when, through the 24 negligence of Contra Costa County employees, including the child's 25 treating physician, Dr. Ellis and other county employees , ERIK 26 VOHS was permitted to ingest a quantity of a harmful chemical LEE W. CAKE ATTORNEY AT LAW (416)646.3666 - 1 compound commonly known and described as acetone. 2 As a consequence of the ingestion of this chemical, 3 the claimant ERIK VOHS was made sick and ill and experienced 4 severe discomfort in breathing and his other bodily functions. 5 The claim of PHYLLIS. VOHS, mother of the aforesaid 6 infant ERIK VOHS, arose as follows : 7 Claimant PHYLLIS VOHS was accompanying her son, 8 ERIK VOHS at the Well-Baby Clinic and while in consultation with 9 Dr. Ellis and other Contra Costa County employees , ovserved her 10 son in the act of ingesting a quantity of some then-unknown 11 liquid, the container of which had been negligently left within 12 arm's reach of the minor claimant, and also left without a cap 13 or any other stopper. Upon observing the child drinking from 14 the bottle, claimant, PHYLLIS VOHS immediately struck the 15 bottle from the child's hands and was informed by the attending 16 physician that the bottle contained a harmful chemical, acetone. 17 Subsequently, the daimant sought to obtain emergency medical 16 care for ERIK VOHS and was required to wait approximately 19 one-half hour before medical attention was given by the Contra 20 Costa County Health Department employees. During this pemd of 21 time her infant son ERIK was in extreme distress and experiencing 22 accute discomfort, but the child was not given benefit of any 23 medical attention or treatment. Subsequently, the child was 24 examined by a physician and the claimant was directed to take 25 the child home, but was given no instructions concernirng:;future 26 medical treatment, or whether such would be necessary or advisable. LEE W. CAKE ATTORNEY AT LACY BERKELEY, CA 94704 415)849.9086 - 1 Upon returning to the family home the child continued to exhibit 2 symptoms of distress and discomfort, including coughing and 3 breathing difficulties. 4 Claimant contacted the family's private pediatrician 5 and was advised as to the dangers inherent in the medical situation. For several days following the incident complained 7 of, the child continued to exhibit symptoms of distress , developed i a severe case of bronchitis and was taken to Childrens Hospital 9 Medical Center in Oakland for x-rays and further diagnostic 10 evaluation. 11 For a period of approximately one month, claimant 12 PHYLLIS VOHS suffered extreme emotional trauma, occasioned by 13 the knowledge that her child might develop extremely serious 14 medical complications which would necessitate hospitalization, 15 additional expense of doctors and medical treatment and the 16 possibility of her son's termination of life. Because of the 17 trauma and emotional upset, claimant was unable to attend to her 18 regular occupation and to lead a normal, peaceful life for 19 several, weeks following the date of the injury. 20 As a consequence of the foregoing, claimant has been 21 injured and damaged in the sum of ONE THOUSAND FIVE HUNDRED 22 DOLLARS ($1,500.00) , general damages and NINETY DOLLARS ($90. 00) 23 special medical damages to the date of filing this claim. 24 All notices or other communication with regard to 25 this claim should be sent to the claimant's attorney, LEE W. 26 CAKE, 2034 Blake Street, Berkeley, Californ' 9 04 DATED: March 23rd, 1972. LEE W. CAKE ATTORNEY AT LAW )0WXX ffX%Xxx LEE W C E 99RK9L[Y.CA 04704 (415)849.3464 - 3 - AttO ey for Claimant ! m rn CD r �y A n � x Co Vp 00 � ,4 x . rood 0001- K � :3m ct ct rt h �• n x _ m ° � o tri !-h 0 M H E,_o r r' A to ft 0) � wm � w o n to Ktio ¢ , �Er"Ct�h %D bph Ln Ln EQ ti fro En � — H d • CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: DONALD DUANE BIEDENBENDER _ Address : 1542 E1 Camino Drive, Concord, California Barfield, Attorney: Barfield, Dryden & Ruane, One California Street, Suite 2125 San Francisco, California 94111' Amount: $150,000 Date Filed : March 16, 1972 By delivery to Clerk via the County Counsel on 3-16-7 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 Uctions 911P and 910.2? DATED: March 16, 1972 W. T. PAASCH, By oro a 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 : ( ) 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 : ( P--r County ' s general insurance carrier; ( Other insurance carrier; ( County Counsel . DATED: 17 �,� /�17� JOHN B . CLAUSEN, By`l�&Z� - eputy 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 March 27 , 1972 (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 March 28 1 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED: March 28,x,972 W. T. PAASCH, By Aul ne B. Jos ph )re puty 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: Q — 02 j- 7 '.?- Public Works , By DATED: County Counsel , By ' IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA March 27 , 197 In the Matter of Claim for Damages. ) DONALD DUANE BIEDENBENDER, 1542 Ei Camino nrive,, rmnnnrd , California, by and through Barfield, Barfield ,nryd .n & RuanP _ Atf-rrnAv-q at Law. One California Street Snn Rrnnni Snn} enl i fnrni n 011'1 l l having filed with this Board on Marsh 1r), 1972_, claim for damages in the amount of $15n ,nnn general damages , plus Medi nal Pxp PnGac lncc of income, and additional costs incurred. NOW, THEREFORE, on motion of Supervisor A_ M_ 'Dias , seconded by Supervisor J. E. Moriarty , IT IS BY THE BOARD ORDERED that said claim is hereby DENIED.- The ENIED.The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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 ?Zth day of March , 1972_• W. T. PAAS CH, CLERK By r'&L IF 12ega Aulene B Joieplf Deputy ClerW cc: Claimant Public Works (3 ) Attention Mr. Broatch County Counsel County Administrator s. BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Metter of ) Damages : ) } DONALD DUANE BIEDENBENDER ) ) I declare under penalty of perjury -that I am now, and at all times herein mentioned have. been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully- prepaid, a certified copy of the Board' s order of March 27, 1972, pertaining to above-captioned claim for damages, together with NOTICE OF DENIAL of said claim to the following: Donald Duane Biedenbender c/o Barfield, Barfield, Dryden & Ruane One California Street, Suite 2125 San Francisco, California 94111 I declare under penalty of perjury that the foregoing is true and correct. Dated: _ March 28 1972 r. , , at Martinez, California . Aulene B. Joseph' u y er LOX 4-71-500 % ,2 1//vT L CLERK BOARD cv- •: •r r'V:cAgS O TRA S.c Ta a Y -r. _ Deput THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: Donald Duane Biedenbender c/o Barfield, Barfield, Dryden & Ruane One California. Street, Suite 2125 San Francisco, California 94111 - NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on March 1601972 was rejected by the Board of Supervisors of said county on Marsh ?3 r 192 • WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: March 2$, 1972 W. T. PAASCH, CLERK By 6LL Aulene B. seph Deputy Clerk i 1 t i TO Clerk oj, b.e BQard DATE _ 3/16/72 FROm County ConnsejlFarr SUBJECT Claim of Biedenbender against C.C.C. Fire Prot. D. Attached is a claim received by this office from Chief S'treuli of the �'ontra Costa County Fire Protection District. Please handle this claim puvsuant to your usual procedures. Also attached is a copy of Chdef Streuli's cover letter. I /& SIGNED PLEASE R PLY HERE TO DATE RECEPIRD ' , it'A �G� 1972 E W. T. PAASCJ-� CLERK !30 O OF SUi'>;RVtSORS N A COSTA CO.. OY Deputy , SIGNED INSTRUCTIONS I*ILL IN TOP PORTION, REMOVE DUPLICATE (YELLOW) AND FOR- WARD REMAINING PARTS WITH CARBONS. TO REPLY, FILL IN LOWER PORTION AND x SNAP OUT CARBONG. RETAIN TRIPLICATE (PINK) AND RETURN ORtrINAL. P68M M 1 09 r CONTRA COSTA COUNTY CONSOLIDATED FIRE DISTRICT Dts FIRE CHIEF BOARD OF FIRE COMMISSIONERS A.V.Strculi Harold E Wildes,Chairman 2010 Geary Road Robert 1.Schroder,Vice Chairman Pleasant Hill, California 94523. Daniel E Boatwright Richard F.Holmes TELEPHONE 14151 939-3400 March 14, 1972 1"F.Smarsh Mr. John B. Clausen County Counsel P. O. Box 69 Martinez, Ca. 94553 Dear Mr. Clausen: We are in receipt of a claim for $150,000 in regard to7 an automobile accident in which our Apparatus Repair / !� � Mechanic.. Woodrow Brown, was involved on or about • December 15 , 1971. He was en route home from a Christ- mas hrist mas party given by Local 1230. This District was not in any way responsible for the activities of Local 1230 since they represent various districts and cities including Pinole, San Pablo, Consolidated Fire District, etc. , and the individuals at the party were not on duty. Will you please represent us in this matter. Sincerely yours, 2r • RECEIVED' .., A. V. Streuli Fire Chief 161 157?- W. , T. PA C;H ACS:pQ r'� r ��50R�CLERK TRA C::STA CL - Attachments By JVLW CO t�� I39FIELD. BARFIELD. DRYDEN & ROE ATTORNEYS AT LAW CHARLES V.BARFIELD(1916.1960) ONE CALIFORNIA STREET CHARLES V.BARFIELD.JR. SAN FRANCISCO. CALIFORNIA 94111 THOMAS J. BARFIELD (415) 362-671$ ROBERT E.DRYDEN MARTIN T.RUANE.JR. - WILLIAM COVERDALE THOMAS C. KNOWLE6 - - - LAWRENCE A.MARGOLES March 10, 1972 :CONTRA COSTA .COUNTY CONSOLIDATED FIRE DISTRICT 2010 Geary Road ` PleasantHill, California` ; RE:` CLAIM `OF DONALD-D DUANE .BIEDENBENDER Gentlemen: Enclosed please find original and a .copy of - 'Claim of Donald Duane'_Biedenbender against the Contra Costa County Consolidated-Fire District, which claim arises out of an accident which occurred on December . 15, ' 1971. Very truly yours, BARFIELD, BARFIELD, DRYDEN & RUANE BY= ar in .Ruane MR:sg Enclosures 1972 ;Y- W. T. PAASCH { SF x°P ' l " �1I CLERK BOARD OF SUPERVISOPtS NTRA COSTA CO. 4 m t By — _ Deputy J:CL CLAIM OF: 2 DONALD DUANE BIEDENBENDER AYI6Ol�i 3 vs. 4 CONTRA COSTA; COUNTY CONSOLIDATED FIRE DISTRICT 5 6CLAIM FOR PERSONAL INJURIES 7 TO THE CONTRA COSTA COUNTY CONSOLIDATED F.IRE :DIS,TRICT: 8 You are hereby notified thatDONALDDUANE 9 BIEDENBENDER, whose address is 1542 El Camino Drive, Concord, 10 California, claims damages from the CONTRA COSTA COUNTY 11 CONSOLIDATED FIRE DISTRICT in the amount, computed as of the 12 date of presentation of this claim;of,' ONE HUNDRED. FIFTY 13 THOUSAND DOLLARS ($150,000.00) . 14 This claim is based on personal. injuries sus tained.*by 15 claimant on or about December 15, 1971, :on State'`Route 242 16 near the Walnut Creek Bridge under the following circumstances: 17 While attempting to assist the victims of a' one-car accident 18 on State Route 242 from their automobile, .claimant was struck 19 by an automobile driven by one WOODROW BROWN. As a result 201 , of this collision, both occupants of the car whom claimant was 21 attempting to rescue were fatally injured and claimant suffered 22 severe injuries. MR. BROWN was found to be legally intoxicated 23 at the time of the accident.- Prior to the accident, MR.. BROWN, 24 an employee of the CONTRA COSTA COUNTY CONSOLIDATED FIRE 25 DISTRICT, in the course and scope of his employment, had 26 .._ consumed alcoholic-beverages at a party at the Sportsmen''s' 27 Lodge which was sponsored by the CONTRA COSTA COUNTY 28 CONSOLIDATED FIRE DISTRICT. Said public entity was negligent 29 and-in violation -of the law in serving alcoholic. beverages to 30 MR. BROWN and legally responsible for the action of MR. BROWN. 31 The names of the public employees causing claimant's 32 injuries under the described circumstances are not known- to 1 claimant. 2 The injuries sustained by claimant, as far as known, 3. as of the date of presentation of this claim consist of skull_ 4 fracture with concussion; multiple abrasions and contusions of 5 the face, right elbow, left hand, and abdominal wall; possible 6 intra-abdominal injury; and 'fracture of the left tibia. The extent of other and further injuries is not known ;at .thzs, time. 8 The amount of claimant 's medical and special damages 9 is not presently known. Claimant was confined to a: hospital t 10 for an extensive period following the accident and his 11 hospitalization and medical treatment is continuing. Loss 12 of income has not as yet been determined. The amount of 13 ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) is claimed as 14 general damages, plus medical expenses incurred and', to: be'. 15 incurred, loss of income as yet undetermined, and any additional. 16 costs incurred.- 17 ncurred.17 All notices or other communications with regard to 18 this claim should be sent to claimant's attorneys; BARFIELD, 19 BARFIELD, DRYDEN & RUANE, One California Street,- Suite 2125,- 20 San Francisco, California 94111. 21 DATED: March 10, 1972. 22 BARFIELD, BARFIELD, DRYDEN .&.RUANE 23 24 By: 25 MA IN RUANE, On Behalf. of DONALD DUANE BIEDENBENDER 26 27 28 42 31 71170 _2_ CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: MRS. VIRGINIA WILLEY Address : 2320 Gloria Street El Cerrito, California 91530 Attorney : Wilfrid F. Holden, Attorney 200 — 37th Street, Richmond, California 9 .805 Amount: $5,000 Date Filed : March 16, 1972 By mail , postmarked3 1k-72 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 Sectiio�ons10 and 910 .2? DATED: March 16, 1972 W. T. PAASCH, By orn6t y zzarini 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 reco end referral to : (County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: Z� Ma, 79- 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 Mareb 27 19U -(copy of Board Order also attached) . Please f rward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on Mgrnh 2g , 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED: Mares 28 , 197 W . T. PAASCH, By d; lm Aulene B. Jo5ophXeputy 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: ,2 - 02 2- 7 0- Publ i c Works , By DATED: .2 - .2 9- 7a County Counsel , By i IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA MBrC}l27 197 In the Matter of ) Claim for Damages. ) Mrs - Virginia Willey , 2420 M nri a RtrPat' F1 mmrr�r ('a l i fnrn-i a 94530 , by and through Wilfrid F. Holden. Attorney at Law. 200 - 7th Street, Richmond , California 94809 having filed with this Board on r(.b 1,6 , 197 _, claim for damages in the amount of 5.000 (a,-1)f dgtp_nf ;rPGPni af.iQn of elaiml NOW, THEREFORE, on motion of Supervisor A. M- ni a G , seconded by Supervisor j. E, 1Woriprtv 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, W. N. Boggess, E. A. Linscheid. 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 27th day of larch 197L-- W. 972 .W. T. PAASCH, CLERK By, V"". Aulene B. se h Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator BOARD Of SUPERVISORS, CONTRA COSTA COUNTY, .CALIFORNIA . AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: MRS. VIRGINIA WILLEY ) - I declare under penalty of .perjury that I am.now, and` at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of the Board' s order of March 27, 1972 pertaining to above-captioned claim for damages, together with NOTICE OF DENIAL of said claim to the following: Mrs. Virginia Willey c/o Wilfrid F. Holden, Attorney at Law 200 - 37th Street Richmond, California- 9.4805.' I declare under ;penalty of per jury that the foregoing is true and.:- correct. ndcorrect. Dated: March 28 , 1972 , at Martinez, California . (Lid Aulene B. Jo p eputy Clerk ' R= i,�—71-500 e2 4/9TH CLERK BOARD O SLF�i?Y?�OrZS TRA COSTA CO. Sy Deputy i THE BOARD OF SUPERVISORS OF CONTRA COSrVA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: Mrs. Virginia Willey c/o Wilfrid F. Holden, Attorney at Law 200 — 37th Street Richmond, California 94$05 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on March 16. 1972 was rejected by the Board of Supervisors of said county on ?larch 27, 1972 - WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: March 28. 1972 W. T. PAASCH, CLERK By V"" '�- 0-aj, Aulene B. Jo`,�e Deputy Clerk u►w OFTnCES of wILF F. HOLDEN TELEPHONE 200 0 3 37TH STREET 413) 233-2626 RICHMOND.CA JFOHA'IA WBO F LEV 1 1972 W. T. PAASCia CLLRajN��,ySIIA OF SUPERVISORS By t� CO. epU:y CLAIM AGAIMT THE COUNTY OF COSIAs j&IFORNLA _�Cos�a►ri Adml nistratie &A dins „ Tog The Hoard of Supervisors of Contra Costae County Administration Building Martins• California The Chief Administrative Officer Contra Costa City Hospital 2500 Aihambara Avenue Martins• California Contra Costa County Counsel County Court How• martin"" California Gentiement The following claim for personl InJury is respectfully submitted t My Claivant•s name and post office address are as followst Mrs. Virginia Willey 2320 Gloria strrA! t El Cerrito. California 94530 Please send all notices and oonunications to the following address vtilfrid F. Holden* Attorney 200 37th Strew Rictmtond, California 94305 The data, place and other circumstances of the are as follows$ On December 30, 1971 at about the hour of 430 F.H. Mrs. Virginia Willey slipped and fell in the hallway adjacent to the Emergency entrance to the County Hospital at 2500 Alhwsbra Avenue. Martinez. California. Mrs. Willey was at this time employed as a driver for the Yellow Cab Company and had just delivered an expectant mother in labor to the Emergency entrance of the hospital. Upon entering the Emergency entrance Mrs. Willey advanced a few steps to oontact personnel on duty on behalf of her custos w when she slipped on the vaned linolom floor and both her feet want out from under her before she could regain her balance, causing her to fail to a sitting position. The linoleum floor on which Mrs. Willey slipped was negligently vaned* polishede buffed. treated• maintained and was in a dangerous condition for any person eine walked Neon. The floor area upon which claimant fell was improperly and negli- gently waxed, polished* Duffedo treatedq and maintained by the County of Contra Costa and its employees in that such waxing# polishing, buffing# treatingo and maintenance created a dangerous* slippery condition, and this condition was the proximate cause of injury to Claimant. Mrs. Willey received injuries to her backs spinee leges and hips all of which caused great pain and suffering and - 2 - resulted in disability and severely restricted physical activity which continue to the present. Mrs. Willey was required to seek medical treatment from the date of injury and such treatment con- tinues to the present. (Please see attached summary of medical treatment and Physician's narrative report which are hereby incorporated into and made a part of this claim. ) As a further direct result of her injury Mrs. Willey has been unable to work at her usual occupation or at any other occupation from the date of the accident to the present. The amount claimed as of the date of presentation of this claim is 45000. This mount is based upon injuryp pain@ suffering, disability* and curtailment of social aO employment activities. Respectfully Submitted, Virginia Willey 3 I, the undersigned, says I as a party to the above-entitled matters the foregoing document is true of my own knowledgep except as to the matters which are therein stated on my information and beliefs and as to those smatters I believe it to be true. ItVirginia Willey - ���. certify r. r r ■ r��.r.��..`.r err ■r. . (or declare)@ under penalty of perjury*. that the foregoing is true and correct. Executed on �Uwch. 1972 2 at Richmond t California. *Verifications, being signed under penalty of perjury, do not require notarization. - 4 - TELEPhONE 524-8831 . RECEIVED ROBERT G. CLARK. M. D. %PHYSICIAN AND SURGEON i(1 /� I9 I ..1:. % A 1 t 402 COLUSA AVENUE EL CERRITO. CALIFORNIA 94530 W T. PAASCH CLER BOARD OF.SU?ERVISORS CO Ira CO G t Deputy February Wilfrid F. Holden 200 - 37th St. Richmond, Calif. 94805 Ree Mrs. Virginia Willey Dear Mr. Holden, in response to ,your letter of February 14, 1971 I will attempt to elucidate the pertinent details in the current treatment of Mrs. Willey in a brief but lucid manner. Mrs. Virginia Willey reported to me on 1-4-72 that she had slipped on the floor at Martinez County Hospital on approximately 12-30-71 and fell striking her right knee and then landing upon her buttocks. Immediately after the incident she noticed pain in the lower back and also in the left hip area. X-rays at Martinez were negative. My office phoned Martinez and found that this was in fact true that x-rays of the lumbosacral spine had been taken. The patient was then treated by the physicians at Martinez County Hospital with Valium 5 mgs. QID and Aspirin with Codeine. At the time of her first examination here she reported that he right knee felt loose and that it would give out. The left hip had improved considerably but the lower back was still quite painful. Additionally she had some difficulty with swallowing as if something was catching in her throat occasionally causing her to cough. Physical examination was then conducted which showed a quite obese white female with normal ear, nose and throat systems, somewhat raspy respiration, and slight hoarseness. These latter two complaints have been present for a number of years since the patient has been a heavy smoker and is known to have pulmonary emphysema. Throat examination failed to reveal any etiology for her complaint. Chest examination revealed scattered slight wheezes anterior and posteriorly. There was no tenderness over the kidney areas. Back area revealed tenderness of one plus in the lumbosacral area with no tenderness over the sacroiliac notches nor especially over the hips. The flexion abduction external rotation tests showed a slight pain over the left hip and straight leg raising produced lumbosacral discomfort. Her back function was estimated to a flexibility of approximately 50%. lateral flexion bilaterally approximately 400/p. Deep tendon reflexes were two plus bilaterally at the patella and Achilles. Virginia . illey Page 2 It was my impression that the patient had sustained a lumbosacral strain and had a slight traumatic synovitis of the left hip and right knee. Pulmonary emphysema which was previously known to exist is concurrently occurring and a question of hiatal partial obstruction was raised. As consequence on 1-5-72 a Barium F.sophagra_m was taken. Fluoroscopy of the chest revealed preliminary fluoroscopy suggests chronic bronchitis "with relative lucent upper lung field and some coarsening of the basilar pulmonary shadows.". The esophagogram revealed that there were prominent spurs at the cervical disc margins and also that there was a hiatal hernia of small size which appeared to be virtually identical. to. that demonstrated in 1969. These films were taken at Brookside Hospital. Subsequent to her office visit she was treated with continuation of the Valium, Aspirin with Codeine and addition- ally Tandearil an anti-inflammatory drug was added on a BID basis. The patient was again seen on 1-17-72, 1-24-72. 1-31-72 and lastly on 2-14-72. Over this interval of time she had additionally been treated -with Indocin 25 rigs. TID, hot soaks. rest and was taken off . work completely_ . Pain has been variable but back function has not quite returned to- normal. At her last visit back function was estimated at flexion and lateral rotation, etc, to total approximately 85% of normal. There was still lumbosacral tenderness and the patient was continued on beat, rest, Valium, Indocin and Empirin 3. At her last visit I recomanended that she be off work for an additional one month and further that she consult with an orthopedic surgeon to confirm .ry impression that the patient suffers from (1) traumatic lumbosacral strain, (2) slight traumatic synovitis of the left hip and right knee which appears to be almost completely well now, (3) pulr;onary emphysema and hiatus hernia, (4) rather marked obesity and chronic musculoskeletal weakness on the basis of obesity, lack of use, etc. I anticipate that the patient will make a 100% recovery from this injury but it may still take another month or two for this to occur. The hiatus will continue with probable evidence of minor recurrences at times. Unfortunately the pulmonary emphysema will probably show signs or progressive deterioration. Should any Further comments be needed please feel free to contact me. Sincerely yours, <<_u P,GC/ml? Robert G. Clark, M.D. Fr -sp,, DROOKSlDG HOSPITAL 2000 VALE ROAD - t SAN PADLo. CALIFORNIA ; - . • - TELEPHor�E zas-7000 . . .., ' - _ - :,. . ' . ; •max'• _ +JAN `'M G.'R.:HENCKY:M E$THEIt':H TH; b D. M I 5 - LLOYDE. _ LAPP.MD. EXAMINATION REPORT,QF :ROE!!1TGEN, OF w"t .Mel trz. REFERRED BY e:.:. . lioOlyF bt0 OkTE X-RAY NO. .� s. �' ,.: c i.. .. ......,. jr /. /M+} + •* ,/R}� f� t � �'^�•�rli �r.eSni. r c r ww [...r rrrwr V r Lr 1.w,r•sIM� r.�..�W Ji f.+r ww,.�i i.�.s a w. . _ •• � 1p..ww�t ~�rewri..'=.fir Cr''r.i�•'�1.• ' + ytr•i +i.' . ��+r �.r..�,.•. ?1: rw Aflr.wrr:+Aa1�.7 Srf `::w�4+~w y�ia�C:rw�is��'�: : =7•R AM .1! v 7.•�faj. ♦ �..♦ v - 'r r,�^.s. 0 L. ..r'�• ++Z /� wwyy w wY:A rw��1 '��' � t ��ti' h '�w1 '�..�.r..wn..r�+i. .. .. �r•siS,SM.j►4.rti �fiJ �.? V moi.' +.Y iL�..r w�.►lrai C M ....r.'w►r wr..:��.jol/• .. '„.+� l* lir 4wr1 Y�`•..J s �.rw.•,r r�.�!J�' - .. -L:r.i L�. .jrr J i::+.34. �:.'•+i.r ti..*.. �.I r vJV � .. • /� �ww�+� w�........�.Ar, r.+ .•r.ah�iw+s �yf�we..• jam +� /� ' �JY 1.rr. a`w�•+'! r.�+++�.�rrq.�i.�1 �M� mow' y� ti....f Y �...�.4..rr fr.w!�•• 4ri.Lw.�.r�iJi_ .. . la slpll.'''-,iC=L* X1: .q CI3 t»l C$'! t"Cti3�^C3 •..ws;:, '�•►L.''""' b' �.^...."'1�:'G ���•: C..a'7^S's'S16::G It �ifAO� Al The colon is filled retrograde to the cecum with spill. In the aid descending at the point of superimposition of the crest of the ileumv there is a persistent area of irregularity which does not present the appearance of an intraluminal lesion. It may re- present nothing more than spasm. In some ways it is suuggggestive of intramural thickening. I doubt that this is a significant lesion. but I cannot discount the finding which is present in more than three films. Accordinglys air contrast examination is recommended as a further check. Otherwise the colon and terminal ileus are normal. CONCLUSION There is an area of questionable significance in the aid des- cending colon which requires further study by means of air contrast examination. onooicsm'E HOSPITAL 2000 W LE 80,1,0 SAN PAOLO. CALIFORNIA i ELEPI-10PIE 235-7040 LLOYD E. SMITH. M.D. R. W.,JANG.M.D. ' G. R. HENICI£Y. M.D. ESTHER,H..ICNUDSO?4. M.D. M. M. LAPP. M.D. REPORT" OF ROENTGEN EXAMINATION OF WILLEY, VIRGIMA W. REFERRED BY Dr. Clark X-RAY No: 053962 DATE 1-5-72 ROOM NOOUT,., i i ESOP HAGUS. The appearance of the chest on preliminary fluoroscopy sugg� them may be ct�tari conch i�i s �1 i th relative s lucent upper lung fields and sans coarsening of the basilar pulmonary shada:vs. } i The esophagus is studied with sitallc:rs of thici: and thin nix4ures in the upright and lying positions. No abnormalities j of seta l l c:•ti ng are demonstrated. There is no obstruction or delay. There are prominent sor t-c,. a disc marcc'ns but these do not s i gn I i I - at i y indent or d i s tori vle esophagus. There are no diverticula. There is no obstruction or delay. A hiatal hernia of small size is demonstrated and it appears i .virtually idonti. aI to that demonstrated in 10,69. t f I 7 ' 33: LLOYD E SM!i I{; -5-72 ,,,,:, 1 r PAT:E,N.Tls ,' l r VL.'._+t•{. ! lst 1 �_4z_j G� _�?��..._.� _I3IR T H DATF,rf/�,. EX! AGE S. ?,'. .'l.D ,tFSPONSIBLE PARTY ADDRESS___-_-_ -TL.L: ' ^S EMPLOYER OCCUPATION_ _ t .'LIFE'S EMPLOYER OCCUPATIO'L" REFERRED BY MEDICAL INSURANCE DATE r (/In {I �'��_�,,,l'�1w,.��. `..'�"'^`�"�'�'=�--• �.(.�/,Y d.,•�.,yt- _fes- v. t�.�rK/u...: `` Z.• .,,t,.,. �+c.,t . C:'--a L r( J U r.(I !L.w. 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( / S r •�r •�L J_�_:vi� +. r'L" - c '�-"LU .� 4e, .w- 1 l /4 ,S..:1 w- ._ _.__ ___ .- � rL _i 1 �,lrt .ri.t(t.t..� tt // S` �(�j�.�_)(L..4\•:. � y'i•�.._._t {iwlr,�6 I3 1 f/;'1�!?jr i_.t� +:L tt.n �llt . /twit.i L.L"t(�.� ��-t. tC' t•� ��t�I•i r+J /1 ��� t t:k 14 ! l t f% i•� •.>L ;I�t.•.w4 -/ w!`' �..�0.t�"s.�(•1�Li ::v' ' F;;...�� ji tL�.,r,,.,f j:�1•!t•�• �• C"f Y1 ` �G,t�F:t...+i �..1( .j �' p DATE � '.•Z: ?)'.1 c.�.� ;•:h"i�_ i:'�-•s.. iLt-."L - Q.�% 'L!•_ r> •C.11-T .[t-� //�i-J / �r Z 1 l'i..,...�{.� -S �t•-"i I`-it ll:, ��� �/ -(• ��_ �J J�=-r-_-_ �l '�.a�•�j=T. f.��L� - L S f '� "i.�i.i�....�, � '_,� !,t t -�- _ kS !o' •�K.' ��� {ti.tiC� :C-T.� �••s�.--•— ��.��c�, 1J :c.% ��w�_c ..jl�- - L 1 L I i I l I I ; i i i N Sof „4' X'"-`'"{`r+5^i 'f" '' y,�''lry*-.L,rte, z.�3'' ��•,EY37'�',. ��'..t,�x�s`,1 �'F�"."�' moi}✓,^?'".,,ac„ ^�+,. t r ~ � x r nv t 1'" u sx nT r 555 • C � o T x Asa�xn..'�.*."^'�'7��'�s'`��^Y"--.�s"K :.s'�r�'� "`y���'y � ♦•s a ,r '`m'".v' Sofia r" � '-�. o• - r F{.s,4� i�{,a,, t.r� y fps.. � �.. • e -:� t � i �. vw f w f H arc% vp eb rr w p+ O Cb 0 �� �. f,�,,, ►�,oG.�f p. ,� �,,� S6- � -yam N SL � p O + � G C� C-1 o p w o SP tq �� Baa CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimants ; DONALD WOOD, ELAINE WOOD, and KEVIN WOOD, a minor Address : 1109 Manton Court, Concord, California Attorneys: Farella, Braun & Martel, 235 Montgomery St. , 31st Floor, Suite 3100, San Francisco, California 94104 Amount: $254,232 (as of date of presentation of claim) Date Filed : March 13: 1972 By delivery to Clerk By mail , postmarked 3-TO--72 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: March 13, 1972 W. T. PAASCH, By 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 reco d referral to : ( r County ' s general insurance carrier; ( } Other insurance carrier; ( ) County Counsel . DATED: /?7)�, JOHN B . CLAUSEN, By D puty 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 March 21, 1972 _ (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 March 22, 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 129703 . DATED : March 22, 1972 W. T. PAASCH, By Doorroth Lazz' kni 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 : March 22, 1972 Public Works , By DATED: March 22, 1972 County Counsel , By r BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) DONALD WOOD, ELAINE WOOD, and ) KEVIN WOOD, a minor ) ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of the Board' s order of March 21, 1972 pertaining to above—captioned claim for damages, together with NOTICE OF DENIAL of said claim to the following: DONALD WOOD, ELAINE WOOD, and KEVIN WOOD, a minor c/o FABELLA, BRJkUN & MARTEL 235 Montgomery Street 31st .Floor, Suite 3100 San Francisco, California 94104 I declare under penalty of perjury that the foregoing is true and correct. Dated: March 22, 1972 at Martinez, California . La DeputyClerk: FILE ® MIM 7-2'i972 W. T. PAASCH CLc-nK BOARD OF SUPERVISORS N RA CCSTA JCO. It,-71-500 By _ Deputy f y THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Roca 103 P. 0. Boa 911 t . Martinez, California To: DONALD WOOD, ELAINE WOOD, and KEVIN WOOD, a minor C/o FABELLA, BRAUN & MARTEL 235 Montgomery Street 31st Floor, Suite 3100 San Francisco, California 94104 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on March 130 1,)72,�,_� was rejected by the Board of Supervisors of said county on ftrch 21, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action .on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: March 22. 1972 W. T. PAASCH, CLERK r Doroth Zza i Depuy Clerk cc: Insurance Carrier IN TRE DOARD OF SUPERVISORS OF CONTRA COSTA CdUkTY, kATE OF CALIFORNIA fareh In the Matter of ) Claim for Damages. ) MNALT) MD. RLAME 1100D6 and KEM3 WOOD, a MjUor,, 1-109 Manton (10 . Concord. Qalifornia,by and thrrnurh Farella Araim & Martg . A m-nip= nt: t.¢tn-i,93 c;;.?S b z+y G!t�t�♦_cbto 3 '! ! -. Rawn 1'r_anr4 ar+n- Cal.iforiiia having filed with this Board on -prrh i3_, 1972_, claim for damages in the amount of $ -252"23'a '40+.0- nf' py'Aaesnt.-M-,1 nn nf r9 air►) NOW, THEREFORE, on motion of Supervisor _ t _ n4 a- , seconded by Supervisor .__._?. P. 'Konng , IT IS BY THE BOARD ORDERED that said claim is hereby DENIED. 4 The foregoing order was passed by the following vote of the Board: AYES: Supervisors J& P. Ke=yl A. M. Dias# s 1 J« E. Moriarty= W. N. Boggesst E. A. Linscheid 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 21st day of March , 197=- W. 97 2 .W. T. PAASCH, CLERK Do epu"�yr cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator I FARELLA, BRAUN $ MARTEL 235 Montgomery Street 2 31st Floor, Suite 3100 San Francisco , California 94104 F I L E D 3 Telephone : 981-3722 MAR 13 1972 4 Attorneys for Claimants W. T, PAASCH - CLERK BOARD OF SUPERVISORS 5C RA COSTA CO. By ppyty 6 7 8 9 10 11 CLAIM OF } 12 DONALD WOOD, ELAINE WOOD , ) CLAIM FOR WRONGFUL DEATH, and KEVIN WOOD, a minor, ) PERSONAL INJURIES, AND 13 ) DAMAGES (Section R_10 of Claimants , ) the California Govern- 14 ) ment Code) V. 15 } COUNTY OF CONTRA COSTA ) 16 ) 17 TO: BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 18 You are hereby notified that Donald Wood, Elaine Wood., and 19 Kevin Wood, a minor, by and through his natural father Donald 20 Wood, whose addresses are 1109 Manton .Court, Concord, California, 21 claim damages from the County of Contra Costa in the amount, com- 22 puted as of the date of presentation of this claim, of $254 ,232. 23 The claim of Donald Wood and Elaine Wood is for $204,232. The 24 claim for Kevin Wood is for $50 ,000. 25 This claim arises out of the death of Keith E. Wood, the 26 minor son of Donald and Elaine Wood, and the brother of Kevin' 27 Wood, which occurred on or about January 7 , 1972 at approximately 28 3 :00 a.m. Keith E. Wood died as a result of severe personal in- 29 juries sustained by him on or about January 6 , 1972 at approxi- 30 mately 3:00 p.m. to 3:30 p.m. in the vicinity of the intersection 31 of Treat Boulevard and San Simeon Drive, County of Contra Costa. 32 The ownership of the roadway, whether by the State of California, FABELLA,BRAUN 6 MARTEL THIRTY-FIRST FLOOR RUBS BUILDING 233 MONTGOMERY STREET SAN FRANCISCO 94104 (415) 951-3722 I I the County of Contra Costa , or the City of Concord is unknoItiz! to 2 (� claimants at: this time. 3 1 At said time and place.., Keith I:. stood, a 10 -Near old student 4 at Woodside Elementary School , Mt: Diablo Unified School District , 5 l;hile a pedestrian in the school crossing located at said inter- 6 section , was struck by a vehicle operated by Karen Ruth Lloyd. . 7 ! Raymond Allison, school crosswalk guard, hired by the Mt. Diablo 8 School District and/Or the County of 'Contra Costa and/or the City 9 of Concord i-:as present at the time of the accident and was then 10 acting in the course and scope of his employment . 11 Claimants are informed and believe and thereon allege that 12 the accident was , with respect to the public entities above named, 13 caused by a dangerous condition of the public street. and adjoining 14 property , of which the public entities had actual or constructive 15 notice in t'irie to have taken preventive measures ; by the failure -1n--J3 1_Ci i.5+ o --a danger o 17 i striping school children going to and coming from school , by the 13 failure to provide an adequate number of crossing guards ; and by 19 the negligence of the school crossing guard in failing to protect 20 children from automobiles irhil.e crossing in the school crosswalk. 21 The names of the public employees contributing to the death 22 of Keith. E. 1%ood, with the exception of the above named Raymond 23 Allison , are unknown to claimants . 24 The injuries sustained by the claimants , Donald and Elaine 25 Vood , as far as Rnown , as of the date of presentation of this 26 claire, consist of the deprivation of the society, comfort , pro- 27 tection , services and support of Keith E. Wood, and medical and i. 28 "j burial expenses . Claimant Kevin Wood, w1jo was present at the ti.m-- 2° Ii of or shortly after the above described accident , has suffered 30 i extreme criotional distress and great mental anxiety by reason of 31 .that �1C Siitl. 32 The alliount clalt:ed is coJ.'puted as follows: 'ICHQIr., l:r:Lt11:6 IdANICI. 1•/l..t Y-/lil'.i fLtl[lll -- A.17 1!(1.111.R++L.+Y fel Ml:fT =;A?4 1'17x.111: I i Dvma e-s incurred to (Iatcr:. In' Donald 1%'dod :end Elaine. Vood 2 Expenscs for medical. and hospital care 3 i (approximately) $3,000 .'00 4 Burial expenses , including gra%-c site and headstone 1,19300.- 6 ` Amb ul an cc expense39. 00 ' 7 Total Special Damages $4 ,232 . 00 - 8 _ 3- General llamlages $20G ,000.00 $20G ,?_32. 00 10 Total` Damages Incurred to Date $204 ,232 ,00 11 12 Damages incurred to date by Kevin hood: . 13 Special Damages =0- 14 General Damages : $ 50 ,000 00 SO PQOO . 00 15 Total Amount Claimed as of Date 17 18 f The estimated amount of any prospective injuries , damages , or 19 I loss to claimants is presently unknown. 20 All notices or other communications with regardto this claim ' 21 should be sent to claimants ' attorneys , Farella, Braun & :+Martel , 22 235 Montgoriiery Street, Suite 3100 , San Francisco, California. 94104 23 ( DATED: March 9 , 1072. 24 f PARELLA, BRAUN MARTEL 25 � L ` ? '�' •. 2G By F ` CLARK L. DEICHL] R 27 28 29 30 1 31 .IXELLA, BRIX11 t MARIEL ual/tr-rnu.T Ilnop z'.4%WIN 100.-LIV 111111L7 GAN 1'(4AM;1:.::11 V.;M i ' FA$ELLA, BRAUN SC MA$TEL FRANK E.FARELLA or couN6Ct.- JEROME 1.BRAUN THIRTY-FIRST FLOOR.RUSS BUILDING - ,- ..THOMAS ELKE'. JOHN S.MARTEL 235 MONTGOMERY STREET RICHARD M.BRYAN SAN FRANCISCO,OALIFO$NIA 94104 e [oHon EMIL ROY EISENHARDT - - (413)TELEPHONE 22 GARY S.ANDERSON CLARK L.V.DEICHLER - VICTOR J.HAYOEL,III March 10 , 19.72 MICHAEL GETTELETTELMAN JON F HARTUNG _ H.LEE VAN BOVENT� �r � WILLIAM R.FRIEDRICH ' � `YT JEFFREY P.NEWMAN - MAR 1 1972 W, r, PAASCH �PoutvttOEtS Board of Supervisors by ,.nA 06pu County of Contra Costa P. 0. Box 911 Martinez , California Attention: Geraldine Russell Re : Claim Under Section 910 of the California Government Code Gentlemen : Enclosed for filing and your appropriate action, please find the Claim of Donald Wood, Elaine Wood, and Kevin Wood, a minor. You will also find a copy of this Claim for return to us in the self-addressed envelope enclosed for that purpose. Please endorse the copy to be returned, indicating that it was filed with you. Yours/-.)very- truly, 7-:D lark L. Deichler CLD/fdn Encs . W � W � Cy (0 pW Z -� O O > iC � o uCi . A zH u! A O til � _ r 3 ►v n tb W 0 0 0 � a N cn C'd 0' �• 0 w �-,®„ r V� i a�Q D _rj . f� � i, r IkA�.r. t '• CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: EUGENE D. MURDOCK Address : 1754 Franck Avenue, Santa Clara, California 95051 Attorney: Amount: $88 as of date of presentation of claim Date Filed : March 6, 1972 By delivery to Clerk By mail , postmarked Mar.3 , 1972 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: March 6, 1972 W . T. PAASCH , By Dorot a 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 : ( ) 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 re co end referral to : ( County ' s general insurance carrier; ( } Other insurance carrier; ( ) County Counsel . DATED: l'` aj, H7.1 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 March 14 1972 (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 91 on Mar ph 159 1922 and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED : W . T. PAASCH, By March l _�_ 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 endorsemer..nt III . DATED : March 1-5,—1972 Public Works , By DATED : March 1-5,--1922 County Counsel , By BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) EUGENE D. MURDOCK ) ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez.. California, postage fully prepaid, a certified copy of Board's order of March 14, 1972, DENYING claim, together with Notice of Denial dated March 15, 1972 to the following: EUGENE D. MURDOCK 17:54 Franck Avenue Santa Clara, California . 95051 I declare under penalty of per jury that the foregoing is' true and. correct. Dated: March 15, 1972 , at Martinez, California . �oro*thLazz r ni Deputy Clerk ` I LE ® 1972 ��_71-500 W. T. PA ASCN CLERK t30 RD OF SUPERVISORS RA COSTAX0. BY . Deputy THE BOARD OF-SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103' - P. 0. Box 911 Martinez, California To: EUGENE D. MURDOCK 1754 Franck Avenue Santa Clara, California 95051 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on March 6. 1972 was rejected by the Board of Supervisors of said county on March 14, 1972 . WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: March 15, 1972 W. T. PAASCH, CLERK By Dorothy LazzElllni cc: Insurance Carrier Deputy Clerk IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, SATE OF CALIFORNIA March 14 197' 2 In the Matter of ) Claim for Damages. Eugene D. Murdock, 1754 Franck Avenue, Santa Clara, California.. having filed with this Board on March 6 197 2 , claim for damages in the amount of $ 88 (as of date of presentation of claim) ; 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: Supervisor J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. 1inscheid. 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 14th day of March , 197.±-- W. 972 .W. T. PAASCH, CLERK By DorothyvLazzarrhi Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator f E s 1 f 2 3 I L E D 4 6 - 1972 W. T. PAASCH b CLERK BOAgD OF SUPERVISORS T ACOS CO. 1 BY eputy i 6 }i 7 4 8 9N WWYA9A ij 2iWVA 9 � ii 10 CLOP) AF 6.&N6 0. MUCK 11 1 12 zav Fa? 9N ' CS r vo. ) (Slection 910 of tAe govevoent Code) 13 CUMIT G� (nib �A rC C C 141 15 16 To the Board o Supemvi4ona o Cmt%a Coa#a Cowitrj: ; 17 You awe hawhtj noti� tAat C qww D. Amdoch uAwe ca&w-" ie 1754 FAanch i 18 Ave., Santa C.Cana, Czt4owL a. 95051, c aims daRag" Pwn the Camtj q Cmbm 19 Coeta in the amount, cmputed ad 4 the date of pwAentutiac 4 this ctaim, of j 20 '988.00. 21 %Aid cta.im i,6 based on in&jdiona and nef� .ir� to body and 22 mired, LoQd oj� iaurcme 4",taz� 6y ctaLwant on on about Uecemben 6, 1971, by anti azo � 7 23 the. Contra C� C SAFE lJepaniment a timectaimant 24 wad �fCile4j WM"ted, umpAu oovted, and iu o n, /rte o pdwiat itevic" 25 ; 4j p`evwded by gqt-end of the Cmt to Coata CmAt'j SAevu� llepal t- j 26 H meet, occuAA09 PA&t .in Want C"eh-0a tv i Ue Avax i pat Ca t and &x the foUmir4 1< 27 ; O&AXr i Aocuc period o� �e ut tfie carurtij pit., under the �oG[ouainrj ci�rcean- 28 '� atarecee: 29 ? Claimant load necei_ved a tff-iic citation (224058 Bait $14.00) at an can ti en 1 30 �` &zte, C&mant appeared in mr fux4 pat co At m Wa&mt C"-eA and adv"ed Ae judge- 31 udge31 '1newono exptained at that trine) that he wad pnepwwd to upend tune in fait and � f 32 �twautd notparj a monetany amount tfaat panticutan citatim under the CiA- i I s f (2) 1 I axotancea in du ch it had been .icaued. the fudge er AtdAdgo "&it claimant to 2 {; fat at that time .ata&V he wauld not allM claimant to dictate hia uriAbRA to S count. Ctaiaeant wao thea told to 6peah with the bailiff who attempted to intimidate; �l 4 j cCaimant by hi o ear lWw nt (baiti pneaumed ctaawnt wao 5 i emploeged by the State of Catq"u:a and telling c tai mart .that f ci l e .in Cvr� 6 '' Costa Cwnhj ince 'pacetUg ductg" on wwtda to that e-ect. Claimant was told to 7 ;, netujuz Acme and give it .oawe Aoright- Claimant aaowwed he avidd be notified. 8 r j Claimant received notice wa+ura'zt(16221687) at his neaidence in Sa ia. Clam. ii, 9 1 j C &&&znt pnalo#Gg tivuzed himeeq in to the u�ucarLt a, .iceac, waa booked and buuf�d 10 to CarrtAa Coats Cowatg, GecembeA j, 1971. Claimant appeared .in Wallurt Cneeh-,Oanvil-& 11 &noEi aal Coont at appnox i matetlf 2.00 P.M. DecembeA 6, 1971. the fudge 4 that coux i f nevieaued the case and claimant wag neteaoed at that time. I 13 1 Harueven, an a-ic" 4 the Shexgp Uepa�nt then hankA#ed c&irwant' ne- H 14 1 twuzed claimant to fail (appnozima Lrg 20 "u,Lea AaoE t/ze uuazu'.iY'al caudi 3i 1511 and claimant wao a-we again canned. At leant Ave agice 4, names unlvzarwz, ne- i 16 Ai4ed hi,6 exp"-"ed neVeat to al-m hem to .speak udA dowe-one .in a poaiti,arz a� 1711 authoniV. R. Prost Poon deah (off-&4 .stated "it'.a rant my pnobt." - clauwarat 18 i` wag not Waved to u.ce a and hi o ince red b all ` 1� te�Cepfiarze .cn$w�uea .egno y a��ca 1 19 involved. 20 Claimant wag fajuWig neteaced ,uiAout any expItanation at appnoximatelg 21 l` Decembeuc 6, 1971. /le moria unable to /-nd buaea opeAating at #hat Noun uz that { 22 1 vicinity, hence wao Ponced to &ITAaze his wipe .in Santa, Clara. A babe t&A i 23 wag Pawzd (4x theme two du,&bwn and claimant arucf ved haw appnoximatelrg 12.00a.m. 24 ' Decembea 7, 1971. 25 Cta"wnt .i o an eatcabtLdzed .independent coraAacton eavzing a minimum aP VIA,%. 26 1 Claimant coope4ated with .lam e"P°' 'w ogici.cato and PuL UZed all )xeopai4i.6titi"i 27 ' widen the .Cary. Claimant beCi.evea .Cary e!zAavccemerat W-i cues 4 the She&4p Depart- , ; 2,81 anent and wtfccatiP,i a 4 denied him his nirglitO and widen the .LaaO 29 the State 4 Cat4onni.a and .the Uru ted Staten yove�umwtt Chia #o�ct .c,cs valid and 30 ` fuo#.iri ed 31 s 32 I i f � f (3) 1 1 The amount claimed, ae the date pnesentati.an. A" claim, cs 2 CaTuted ae Aatlamv: 8 Cxpenseb jCwc medical and h dpitat cane Loss 4 eawujW ;M.00 4 Fenviat eclat Darnarges P&U �ag b T Z7e4 .inctmA4 to date , 6 CQtimaied pnaspective dwWee ae ifan ao i hnoan j q Futwae expensed /.at me icat and hospitat ) cane 8 Future .Looe 4 earuairt<"s � OA" pw4pecti.ve 6peciat damages ' 9 �noepertc vegwzekatdamag,eo f Totat estimated pw6pectcve do" 10 Totat a nount claimed as date o pne sentat,� 11 AZ6atmEn •� 12 J ALC notices as other caranurai call urith nega4d to A" claire .shottd be Bent to c,&&=r� at 1754 Fnanch Avenue, Santa CZ"- a, Caq. 95051, Tet: 243-638 13 , i i 14 2 - 1972 + x 16 Eugene D. Mw&doch, C.l di�t 1? , 18 t 19 Sta#e 4 C� Tana. 20 C�i C 21 } .9, Cugerae D. l► vuloch, declare: 22 9 an the claimant .in the above entWer[ acti n; #lint 9 have read the�wce f 23 going Claim afvn Pensanat 9►tfuncies, acrd hnaru the cante7t6 thenwe , and .9 ce&tq# ? 24 that the tame th true o4 my awn AnorJledge, except ds to matteAs u4ich ane t4ewun 25 btated upon my .inpma Zoo on belief, and ao .to #hale matieu .9 believe to be &uw. 26 J declare uncle a pe wV4 SSC pe", that the Ponegorng, " brise and connect. 27 ji txecrtted vn 1972 at Santa C4vua, Cali awzica. 28 ; 29 ; { j D. 1)6%doch { y 30 E 31 #; 32 i . Murdock 1754 Franck-Ave. Sant Clara,, Cal.�9 Iils'Stdll3'': SDaD Gxw\_ Contra Costa P.O. Box. Couat3r Board of, ,6uPerv3sors . . 9].i: Kartiziez, Calif. 94553 �r ETtlR R ESTEd SI NEW - - •N0 ' 468003 • CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: JOHN A. PERONA Address : 31 Hanson Lane, Walnut Creek, California Attorney: Aaron Paul, Penthouse Suite, 1924 Broadway, Oakland, CA 94612 Amount: $100,000 (computed as of the date of presentation of claim) Date Filed : February 25, 1972 By delivery to Clerk By mail , postmarked 2-24-72 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: February 25, 1972 W. T. PAASCH, By . O ate/ Doroth 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 . r/ We rend referral to : (,County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: # JOHN B . CLAUSEN, By _1;0,,Z4 7 '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 March 14, 1972 (copy of Board Order also attached ) . Please forwar this claim to the County ' s general insurance carrier (or I ) . Claimant notified of this action per Government Code Sec- tion 913 on March 15, 1972 , and memo thereof filed and endorsed on c aim, per Government CodefDooroo+thlazz c9 03 . , DATED: March 15, 1972 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: Marrb 15. 1972 Publ is Works , By /Ly- .z- DATED: M,�.,.h 1 Sr 1972 County Counsel , By `� . BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) JOHN A. PERONA I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of THE BOARD'S Order of March 14, 1972, DENYING claim, together with Notice of Denial dated March 15, 1972- to the following: JOHN A. PERONA c/o Aaron Paul, Attorney at Law Penthouse Suite . 1924 'Broadway Oakland, California 94612 I declare under penalty of. per jury :that the foregoing is true and . correct. Dated: March 15, 1972 , at Martinez, California . Doroth Lazza i Deputy er FILED Ir ARI 1 1972 Lt.-71-500 W. T. PAASCH CLERK B RD OF SUPER TRA COSTA CO. BY� De�utY THF BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: JOHN A. PERONA c/o Aaron Paul, Attorney at Law Penthouse Suite 1924 Broadway Oakland, California 94612 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on February 25. 1972 was rejected by the Board of Supervisors of said county on March 14, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: March 15, 1972 W. T. PAASCH, CLERK By Dorothy azzar n cc: Insurance Carrier Deputy Clerk IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA. March 1L , 1974 In the Matter of ) Claim for Damages. ) ) John A. Peron, 31 Hanson Lane, Vialnut Creek, California. by and through Aaron Paul, Attormev at Law, Penthouse Suite, 1921 Broad=, Oakland. California having filed with this Board on February 25, 1972 , claim for damages in the amount of $100,000 (computed as of the date of presentation of al-nim); 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. E. Moriarty, W. N. Boggess, E. A. Linscheid 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 _ 14th day of March , 1972 L_. W. T. PAAS CH, CLERK By-Z -DorothttdrhA Depuy Clerk cc: Claimant - Public Works (3 ) Attention Mr. Broatch County Counsel County Administrator LAW OFFICE t AARON PAUL PENTHOUSE SUITE 1924 BROADWAY OAKLAND,CALIFORNIA 94612 .. -TELEPHONE(415)835-5432 February 24 , 1972 Clerk Board of Supervisors: ; for the County of Contra Costa County Administration Building Martinez; California In Re. : Claim of John A-. Perones against Contra Costa County Hospital Gentlemen I am :enclosing original and two copies of Claim for Personal Injuries on behalf of John A. Perona for service upon you. Would you kindly return one copy with your endorsed filed ,stamp for the records of Mr. Perona. Ver truly your , AARON PAUL En cl s 1972 W. T. PAAS H CLERK BOARD OF SUPERVISORS Cq�op.A CSA.CO. � Depu:y F I LE ® CLAIM AGAINST THE COUNTY OF CONTRA COS9A Fera 2 5 1972 W. T. PAASCH CLERK BOARD OF SUPERVISORS Claim of JOHN A. PERONA ) c RA COSTA CO. Byo - Deputy ) V. ) CLAIM FOR PERSONAL INJURIES CONTRA COSTA COUNTY HOSPITAL To the Board of Supervisors: You are hereby notified that JOHN A. PERONA, whose address is 31 Hanson Lane, Walnut Creek, California, claims damages from the Contra Costa County Hospital in the amount, computed as of the date of presentation of this claim, of $100 ,000 .00. This claim is based on losses sustained by the claimant arising from the wrongful death of the claimant's son , Robert Peter Perona on or about December 20 , 1971 in _ the vicinity of the Contra Costa County Hospital under the following circumstances: Because of the failure of the employees of the hospital to use reasonable care in diagnosing, treating and caring for Robert Peter Perona, he did leave the hospital grounds and was killed either by electrocution from a high tension line or by a resulting fall. The names of the public employees causing the claimant's injuries under the described circumstances are not known to claimant. -1- I . . . . j* --.�. ,.- 11 ­:�­_ - • e , ��I �f :,�. y , I ,. I : ,, . � I . I� , _. I ..��- . � :'!, -, -:,,,�.i� �- --,,,��,,.-...,, ,` *_,-, � I : , , I� ,. �. I I - - , I � -�--,,:�:,-,-,,�"�:'., �,� ��,:1�-,L. I� . -1 1,.,�,_.:'�,-,-,,__��,_,_,__ --,-� `_,�` , ,, _:: ,* - � �,�,-,',I.,�,. . - , I .I � - I .1, I -1. ,, . � _� �., . ,,�, ,� � " _-�. , I I, , I " " ,*, I., 11 1��I I�,,,, '_�� ,, � - I � ,:.,�o�,' ", .�`�-- I -I I- :� - -,:, , ��, I�-, �,�:, : �-'� I ��,.­­., , .,��,I-,�I I �_.I` - � � �,� -- -� � ,�-:" : -, : % I � . ,� , ,7 1 , I I .1.�.-�.,, . ,".'I'll � --1 ,� ., � -�� � I ': , . ��:., :�:: ,. � �- -� . �:,� : . . . I ,��.�.-, , I - --- ..�� .�-,-",.,,-­ -�_�I- .-I:;- I �:I �'.�I.,I I � I� I I '.I I� I, ,I I, ­� .1 . �� I ,.,��,b ,� I I , - , ,, - �. � I- I I I : .. , - ,�: ""� � -- ,_ - �- -- � I I ,� I I -1 � I - . . I I I . I - � . I I I I - I . I �;,_.�.�, I �� � I - , - ,� - I � . I .� I--1.'.�,-�'11 I I 1, I .� I I-. � I I __ I I -,,1,, , I I I, I I , I ,-� I� . , I I-" -1, , ,_� -. __-�,_-I__--- -I I I.- �.I � - ,I I.I I-I�,��. .All notices or other commuri'ications with regard toI4 I this claim should be sent to claimant at his. address which. l.._�-l�-I---I-I-��._.,--:,­1I�I­._��1 _:_-,-,-� I. ,-­�-� �._ .�'I�-�. ,.�I:�I. �.I... II is 31 Hanson Lane, Walnut Creek, California. /`- Dated:&k±� � 1.� ` � � NA, aimant �? N_�A. PERO . rt: -. ,..,, _. q i -y x ,,: ?. _ '/ t v i : ., _ - - •: r .. _-� - - ,. i , - .: ....i y l d.. - L. g , '.Y t` M _. i _— : .. -2 - I - - t.. I I } ' ro � z � mpq n � xQ a ° z o m w or nwo ct n a a m �-h En En oK� su0 w 0 ED � n s2 Ul yr N o f x� i F {V is c COUNTY COU14SEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Dare: February 15, '1972 TO; Z . McBrien, County Administrator tar_ . T. S. Welch /j ,l fl.l From: Joh: J. Clausen, County Counsel by. William W. Ward, Deputy County Counsel ' �� !!Li„ , ;; r! fr-s -12 -= Re: Claim for Underfunding of Medi-Cal Option Program c ::� � , _/ S t '� Attached you will find the original and one copy (for your files) of a claim to be filed by the County with the State Board of Control for damages suffered by the County as a result of the underl'-nding of the option program from July 1 , 1970 , through Septc-cer 30, 1971 (when the option program came to an end) . The notal claim is for $1,088,053 and is based upon figures supplied this office by County Hospital. By copy of this memorandum copies of the claim are being sent to County Hospital and to the Auditor-Controllers if neither your office or other affected departments have any revisions or . suggestions the matter should be placed on the Board of Super- visors agenda for action (resolution authorizing the Chairman to execute the claim) . If the matter is put on the Board 's agenda for February 28, 1972, this should give the affected County departments sufficient time to reply. After the Board has authorized the Chairman to sign the claim, please have him execute the original in the two places indicated_ and return the signed claim to this office for filing. WWW:mk Attachment cc : R. E. Jornlin,' Director, Social Service Dept. (2) Attn: D. J. Ludwig, Hospital Administrator H. Donald Funk, Auditor-Controller In the Board of Supervisors of Contra Costa County, State of California Manch 7 . i V 72, In the Matter of Authorizing Chairman to Execute Claim against the State of California. On motion of Supervisor W. N. Boggess, seconded by Super- visor J. P. Kenny, IT IS BY THE BOARD ORDERED that Supervisor E. A. Linscheid, Chairman, is AUTHORIZED to execute claim by the County of Contra Costa against the State of. California in the sum of $1,088,053 and such other sums as may be legally due and owing, said claim representing State underfunding of the Kedi-Cal Option Program for the period from July 1, 1970 through September 30, 1971. -' The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, V. N. Boggess, E. A. Linscheid. 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: County Counsel Witness my hand and the Seal of the Board of Counts Welfare Director Supervisors County Medical Director affixed this 7th day of March . 19 ?2 County Auditor County Administrator W. T. PAASCH, Clerk By .Deputy Clerk Naffey JXgraban H 7a 11/71 IOM y 1 JOHN B. CLAUSEN 2 County Counsel Contra Costa County 3 By: William W. Ward Deputy County Counsel P.O. Box 69, Court House 4 Martinez, California 94553 s Telephone: (415) 228-3000 6 Attorney for Claimant 7 S BEFORE THE BOARD OF CONTROL OF THE 9 STATE OF CALIFORNIA -10 In the Matter of the Claim of ) the County of Contra. Costa ) 11 against the State of California ) 12 13 The undersigned claimant hereby makes claim against the 14 State of California in the sum of One Million Eighty Eight 15 Thousand Fifty Three Dollars (=1,088,053) and such other sums 16 as may be legally due and owing, and in support of said claim 17 represents as follows : 18 1. That said claim is for funds for which an appropriation 19 was made (the fund created by the fund may or may not be ex- 20 hausted) and/or for an injury for which the State is liable. 21 2, a. That in 1965 the California Legislature adopted 22 what is now known as the Medi-Cal Act .(Welfare and Institutions 23 Code Sections 14000 et seq. ) in order to take advantage of 24 federal laws, specifically 42 USCA Sections 1396 et seq. , provid- 25 ing grants to states with programs of medical assistance meeting 26 standards set by Congress. The purpose of the Medi-Cal Act was 27 to provide health care, to all needy Californians. 28 b. That by Chapter 577 of the Statutes of 1971 and 29 operative on October 1, 1971, the California Legislature made 30 substantial revisions to the Medi-Cal Act as it previously 31 32 -1- I existed. This claim is based on the Medi-Cal Act' as it existed 2 prior to October 1, 1971. 3 c. That during fiscal year 1970-71 and in the period 4 from July 1, 1971, through September 30, 1971, the County of Contra 5 Costa was an option county (had elected to come within the provi- 6 Bions of Welfare and Institutions Code Section 14150. 1 rather 7 than Section 14150) under the Medi-Cal Act. Section 14151.1 was 8 repealed by Chapter 577 of the Statutes of 1971. 9 d. That Article 5 of the Medi-Cal Act (Sections 14150 10 et seq. ) enacts a plan whereby a county (County of Contra Costa) 11 upon payment of a set fee which is determined by the State of 12 California, is reimbursed by the State of California for certain 13 costs of medical services incurred in excess of that fee. 14 e. That the State of California has not reimbursed to 15 the County of Contra Costa the total amount due it pursuant to 16 Article 5 and other provisions of the Medi-Cal Act for the period 17 from July 1, 1970, through September 30, 1971. 18 3. That as a result of the unlawful action set out in 19 Paragraph #2 hereof the County of Contra Costa suffered damages 20 and injury in operating under the Medi-Cal Act. 21 4. That the total of the estimated claim of $1,088,053 was 22 computed as follows (the County figures are unaudited figures and 23 are subject to final audit conducted by County and the State of 24 California) : 25 a. That the County base (under the option program) as 26 'determined by the State of California (Section 14156) for the 27 period from July 1, 1970, through June 30, 1971, is $3,291,356 and 28 for the period from July 1, 1971 through September 30, 1971 is 29 $822,839- 30 31 32 -2- 'i 1 b. July 1, 1970, through June 30, 1971: 2 Total County Cost under Option Program $4 ,950 ,732 Less : Patient, Revenue 690,241 3 Net Option Program Cost 4 ,260,491 4 Less : County Base 3,291,356 5 State Reimbursement Obligation 969 ,135 Less: Actual State Reimbursement 234,500 6 7 Reimbursement due from State $ 734 ,635 8 c. July 1, 1971, through September 30, 1971 : 9 Total County Cost under Option Program $12416,330 10 Less : Patient Revenue 132,873 11 Net Option Program Cost 1,283,873 Less : County Base 82.2,839 12 State Reimbursement Obligation 460 ,618 13 Less : Actual State Reimbursement 106 ,200 14 Reimbursement Due from State $ 3542418 15 16 d. July 1, 1970, through September 30, 1971, Totals : 17 Reimbursement Due from State (July 1, 1970 through June 30, 1971) $ 734 ,635 18 Reimbursement Due from State 19 (July 1, 1971, through September 30, 1971) 354 ,418 20 Total Reimbursement Due from State $1,088,053 21 5. Pertinent Statutes and Code Sections : Welfare and 22 Institutions Code Sections 14000 et seq. and County of Sacramento 23 et al. , v. Earl W. Brian, M.D. , et al. , Sacramento Superior Court 24 Action No. 209,168. 25 26 Claimant 27 Dated: MAR 7 1972 Chairman, Board of Supervisors 28 County of Contra Costa 29 30 31 32 '3 i - 1 Send notices to: 2 John B. Clausen, County Counsel P.O. Box 69, Court House 3 Martinez, Calif. 4 s STATE OF CALIFORNIA ss. 6 County of Contra Costa ) 7 Edmund A. Linscheid, being by me first duly sworn, deposes 8 and says : That he is the Chairman of the Board of Supervisors 9 of the County of Contra Costa, a political subdivision of the 10 State of California, the claimant herein, that he has read the 11 foregoing claim and knows the contents thereof, that the same 12 is true of his own knowledge except as to those matters therein 13 stated on information and belief, and as to those matters that 14 he believes to be true. 15 16 i 17 Chairman, Board of Supervisors 18 County of Contra Costa 19 20 Subscribed and sworn to before me this 21 day of _ , 1972. 22 Notary Public in and for the County 23 of Contra Costa, State of California 24 25 26 27 28 29 30 31 WWW:mk -4- 32 f CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimants Margaruite B. Gosselin and Hartford Accident & Indemnity Co.. Address : Hartford Accident and Indemnity Company, 1970 Broadway, Oakland, CA 94612. Attention, Subrogation Department. Amount: $445.45 Date Filed : February 18, 1972 By delivery to Clerk By mail , postmarked 22 2 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: February 18, 1972 W. T. PAASCH, By 4j7df 0 Deputy II . FROM: County Counsel ' s Office TO: Clerk of Board of Supervisors r� 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 reco nd referral to : ( County ' s general insurance carrier; Other insurance carrier; ( ) County Counsel . DATED: 7�t--JOHN B . CLAUSEN, By 0,/�v-9;i '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 on2 2 (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 on Mar_c_h 1 ' , 1972, and memo thereof filed and endorsed on claim, per Government Code Section 297 3 . DATED : February 29, 1972 W. T. PAASCH, By Deputy IV . FROM: (1 ) Public Works Department (2 ) County Counsel ' s Office T0: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III . DATED : 3 r ''.�:.w.Q6i, 1-972 Public Works , By DATED : #VWV�3 � 1972 County Counsel , By of BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) MARGARUITE B. GOSSELIN and } - HARTFORD ACCIDENT & INDEMNITY ) COMPANY (Subrogation Dept.) ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of the Board's order of February 28, 1972, together with Notice of Denial dated February 29, 1972 to the following: MARGARUITE B. GOSSELIN and HARTFORD ACCIDENT & INDEMNITY COMPANY 1970 Broadway Oakland, California 94612 Attention Subrogation Department I declare under penalty of perjury that the foregoing is true and. correct. March 1, 1972 Dated: ME �XX1 at Martinez, California . Doroth Lazzarini Deputy Clerk` LED h-71-500 1972 W. T. PAASCH GiEnKe 81PARD OF SUPERVISORS RA COSTA CO. By . Y Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: MARGARUITE B. GOSSELIN and HARTFORD ACCIDENT & INDEMNITY COMPANY 1970 Broadway. Oakland, California 9 .612 Attention Subrogation Department NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on February 18. 1972 was rejected by the Board of Supervisors of said county on February 28, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to Pile a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED; March 1, 1972 W. T. PAASCH, CLERK cc: Insurance Carrier By Dorothy Lazzarini Deputy Clerk IN THE BOARD OF SUPERVISORS OF CONTRA COSTA OOUNTY, STATE 0I' CALIFORNIA February19T;2 In the Matter of ) Claim for Damages. ) Margaruite B. Gosselin and Hartford Accident & Indemnity. ._. . Company: 1970 Broadway, Oakland, California (Subrogation. Department) having filed with this Board on February 18 , 197 2 , claim for damages in the amount of $ 4.5.15 ; 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. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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 thi s 28th day of „Eabniavv 197 2 . W. T. PAAS CH, CLERK By L Doroth Lazzarini Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator HARTFORD FIRE INSURANCE COMPANY • CITIZENS INSURANCE COMPANX OF NEW JERSEY HARTFORD ACCIDENT AND INDEMNITY COMPANY NEW YORK UNDERWRITERS INSURANCE COMPANY HARTFORD LIFE INSURANCE COMPANY TWIN CITY FIRE INSURANCE COMPANY + f THE HARTFORD INSURANCE GROUP HARTFORD PLAZA, HARTFORD. CONNECTICUT 06115 CHICO OFFICE TELEPHONE: 166 COHASSET ROAD,CHICO,CALIFORNIA 9592 949-5955 February 16, 1972 F I LEU FEB l o 1972 Contra Costo County of W. T. PAASCH ARD OF Board Of Supervisors CLERK BOTRA :OSTAyO.VISORS County Administration Build*ngs By Deputy Martinez, California _ Attention: Board of Supervisors of The County of Contra Costa In the Matter of The Claim of; MARGARUITE B. GOSSELIN AND HARTFORD ACCIDENT & INDEMNITY COMPANY CLAIM FOR DAMAGES Against (Section 910 of THE GOVERNMENT CODE) The County of Contra Costa To the County Board of Supervisors of the County of Contra Costa and to the Clerk of said County. Margaruite B. Gosselin and Hartford Accident & Indemnity Company make claim against the County of Contra Costa as follows: (1) The claimants are Margaruite B. Gosselin and Hartford Accident & Indemnity Company. Their address for the purpose of this claim is Hartford Accident and Indemnity Company, 1970 Broadway, Oakland, CA 911612. Attention, Subrogation Department. (2) All notices in connection herewith shall be sent to 1970 Broadway, Oakland, California 94612. (3) The date, place and other circumstances which give rise to this claim are as follows: On January 28, 1972 at approximately 7:115 p.m. the property of claimant, Margaruite B. Gosselin, namely one 1972 Buick La Sabre, VIN# 45712C102268 was being operated on a public highway in the County of Contra Costa in a lawful manner when said automobile was struck by a vehicle belonging to the County of Contra Costa and while such vehicle was being operated by an employee of said County, William Landis, a deputy sheriff of Contra Costa County. YEAR IN AND YEAR OUT YOU'LL DO WELL WITH THE HARTFORD Page 2 MARGARUITE B GOSSELIN & HARTFORD ACCIDENT & INDEMNITY CO The damage was the direct result of the negligentoperation of said County vehicle by Deputy Sheriff Landis. Claimants jointly incurred repairs,costs in the amount of $44545 due to the negligent operation of the County vehicle. The claimants are informed and believe that Deputy Landis' employer- is liable for the damage based on California Vehicle Code sections 17001, 17002, 21807 and other various sections of said Code as well as other laws of the State of California. Claimants jointly claim damages in the amount of $445.45 to date. Claimants, jointly and or separately, further claim costs which may be incurred in the future which are not known to claimants at this time. HARTFORA ACCIDENT & ITY CO . rz, by Robert A. Pruitt, Mgr. Chico Claims Office RAP/b yC } I •P � IU Damage and evaluation appraising of automobiles, trucks, heavy equipment,farm machinery. ❑ CLAIMANT Owner ^ ' / j `yf ' ' ❑ INSURED FILE No. /".�'' ,,,fir .• 1` �� Address + ,, a� "- met. ' Phons :'> '`- Date Insurance Co, � "' '" rf�-� -�`"e'` LIC. NO. • 1 EST. BY !r�,�,f_,•,;r,� Moke i . Mod Mileage �� � BODY - ID No. G[ �j �I '} 1^i� g STYLE Jl ! ff STR.REPI. DESCRIPTION OF LABOR OR MATERIAL HOURS MATERIAL41 SUBLET.` f` .1` _✓~!';• rw !o/ i _ z"�, '� ot • ,,/�rr. r,�t3/'y"'/"' f.i�!/ 1''->'l'!?"r ...J " �r�l• ;r / '--^ - e � f r- ME For$ 1-r<,�.�!'" �'� } less deductible$ . ,the under• Labor) _T at.✓ - ; f signed agrees to complete and guarantee all repairs as listed to above parts vehicle, including all towing and store e;charges• r r_- � — /i Net Parts ,, $ 7 -�_ FIRM ,•+ ' f —'`y�r f rf_f ' f41 -� j — 1< ! 1' r Talc_ % $ I' t ADDRESS `�f '-'„ Sublet $ r j .� BY Adv.Charges $ THIS IS NOT A REPAIR AUTHORIZATION _ ; Authorization mast be obtained from owner of vehleb. GRAND TOTAL ; 1 er SIERRA APPRAISAL SERVICE s=; 1972 Marysville P. O. Box 3606 —Chico, California 95926 �,�p����p 1 674'2241 Phone (916) 345-3676 or Redding (916) 243-4707 Serving Marysville, Chico 11 1A17!!ICE _xw;""' .. .:: ....QTc - -. ,.. .. ..,..,:�•i;.r.r, ,... c.�„: 't .>:., .r :r,�..r• k _. •—.. _ .. _:.. _ -..,c. .. -..__ _ -. _. x n°x � n 0c x�I �+ ra a c� n CO b7 CD G) C' b 0 'J cc "tom c ys, _ co. m l CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: Mary Moutinho Address : 515 Loring Avenue, Crockett, California Attorney: M. A. Roque, Esq. , Attorney at Law, P. 0. Box 595, Crockett, California 94525 Amount: $599.50 Date Filed : February 18, 1972 By delivery to Clerk 2-18-72 y mes— senger for Attorney. . . . . . 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: Feb. 18, 1972 W. T. PAASCH, By 4 fi�sz orot y a20.7arini, 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 'sa'id Sections : ( ) Board may not act on claim until 15 days after notice is given by this office ; . ( ) Do not file claim, time limits have expired We reco mend referral to : ( ✓� County ' s general insurance carrier.; Other insurance carrier; County Counsel . DATED: 97-)— JOHN B . CLAUSEN, By 4L Lf e ut 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 -February 28, 1972 (copy of Board Order also attached) . P ease forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on -.y 1972, and memo thereof filed and endorsed on claim, per Government CodAg�Dobt4h Secti20703 . DATED : February 29, 1972 W. T. PAASCH, By azzi 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 . March 1 DATED : 1EtXjEum = 1972 Public Works , By March 1 DATED: J%VUL = 1972 County Counsel , By :1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) MARY MOUTINHO ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of THE BOARD"S ORDER OF FEBRUARY 289 1972, together with NOTICE OF DENIAL dated February 29, 1972 to the following: MARY MOUTINHO c/o M. A Roque, Esq. Attorney at_Law Post Office Box 595 Crockett, California 94525 I declare under penalty of perjury that the foregoing is true and correct. March 1, 1972 Dated: , at Martinez, California . Deputy -Clerk MAP l - 1972 W. T. PAASCI-I -n(zo& ,4T CLERK BO D OF SUPERVISORS 4-71-500 e,. utr THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: MARY MOUTINHO c/o M. A. Roque, Esq. Attorney at Law Post Office Box 595 Crockett, California 94525 NOTICE Is HEREBY GIVEN that the claim which you presented to the County of Contra Costa on February 18. 1972 _ was rejected by the Board of Supervisors of said county on February 28, 1272 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advi Le of. an attorney of your choice in connection With this matter. If you desire to consult an attorney, you should do so immediately. DATED; March 1, 1972 W. T. PAASCH, CLERK By • Dorothy Lazzarini Deputy Clerk Ce: IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA February 28 , 1974 2 In the Matter of ) Claim for Damages. ) Mary Moutinho, 515 Loring Avenue, Crockett. California by and through M. A. Roque, Esq.9 Attorney at Law, P. 0. Box 595, Crockett. California having filed with this Board on February 1$,1972 , claim for damages in._ _ . the amount of $599.50 ; 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. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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 28th day of February , 1972-- W. 9?2 .W. T. PAAS CH, CLERK By lJorotny Lazzarlm Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch -- County Counsel County Administrator FVISORS CLAIM AGAINST THE COUNTY OF CONTRA COSTA Deputy TO: The Board of Supervisors of the County of Contra Costa and to the Clerk of the Board of Supervisors of the County of Contra Costa. You are hereby notified that MARY MOUTINHO, whose address is 515 Loring Avenue, . Crockett, California, claims damages from the County of Contra Costa in the amount of $599.50, computed as of the date of presentation of this claim. This claim is based on trespass and damages to real property generally described as 1513 Pomona Avenue, Crockett, Contra Costa County, California, on or about December 1, 1971, under the following circumstances : That Deputy Sheriffs of the Sheriff's office., Contra Costa County, whose names are unknown at this time, unlawfully, on or about December 1, 1971, trespassed and entered upon the real property owned by claimant, generally described as 1513 Pomona Avenue, Crockett, Contra Costa County, California, under a guise of executing a purported search warrant. That the names of the public employees causing damage to the real property of claimant are not known to claimant at this time. The damage sustained by claimant so far as known, as of the date of presentation of this claim consists of damage to real property, consisting of the following: -1- _. W14r , I. Destruction of two screen doors. . . . . . . . . .$ 70.00 2. Destruction of two doors. . . . . . . . . .. . . 27.50 3. Destruction of front and rear doors and frames. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00 4. Damage to plumbing. . . . . . . . . . . 40.00 5. Damage to interior wall. . . . . . . . . . . . . . . . . . 20.00 6. Destruction of basement door and lock. . . . 15.00 7. Gas stove, 30' stove. . . . . . . . . . . . 100.00 8. Furnace. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 132.00 9. Estimated labor costs to repair. . . . . . . . 95.00 10. Hauling and cleaning. . . . . . . . .. 25.00 The amount claimed, as of the date of presentation of this claim, is computed as follows : 1. Damage and destruction of-:: real property,, estimate $ 479:50' 2. Labor costs to repair damages. . . . . . . . . . . . 120.00 Total. . . . . . . . . . . . . $ 599.50 All notices or other communications with regard to this claim should be sent to claimant, at the office of M. A. Roque, Esq. , Attorney at Law, P. 0. Box 595, Crockett, California, 94525 .� M. A. ROQUE Attorney for Claimant I. the undersigned, say: I am the claimant; the foregoing document is true of my own knowledge, except as to matters which are therein stated on my information and belief, and as to those matters , I believe it to bg true- -2- "; ♦.,.. .. ' • I ,'declare ;under penalty of perjury :that the, foregoing is true and correct Executed on February /f , :.1972,'. at Crockett, Galifornia. rjr? � - "`r . .. Y.:'MOUTINHO —_ ;: ry _ ._ ,:i _ z r } - � h L a� ' ra� J �� n �y rr . _ �, t` x ">t a y ^� a x 7 z t a _ Y t. L u $ r — ;_� +...�dsxw. d Y, id .t a'y'TiL 1, 5 — .. .. r: �. ra r y ' k 7-.. ._�,. _ _ . , , - J, �a � ,t t y Y # X 1 S { t-`' {. 3 - s _ r 7 .. " K Y f 2 Y ri r f 1 r 1 d C r1Y`. , +' Y i 4r u c .;�.o F Y r`+.0 y i 9�; .. . .. ,.. _ .. _ _ „._ -; ,f c :; y } 9 ? r ur e �.�mtF" z�. _ ,.� - ° ti Tc .i {y: G,z F : fy c5, v:t � r i �t a A ., _. . s k dr s �h ti : r r - _ - '�r n 3 .. ., - _. ,. _. ,r a of •�L- RECE IED a* 1-,2 W. T. PAASCi-i ' CL;rCLE K BOARD OF SUPERVISORS GO ASTA CQ By C .. (4A.,.._... Deputy CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: Dr. Morton Sarver Address : 272 Donald Drive, Moraga, California Insurance: -Ay-- California Casualty Indemnity Exchange Amount: $610.00 from Public Date Filed : January 31, 1972 By delivery to Cler 0forks Dept. 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 ections 910 nd 910.2? DATED: February 14, 1972 W. T. PAASCH, By JIt. schcr6ttlerj, 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 reend referral to : ( co County ' s general insurance carries;.. ( ) Other insurance carrier; ( ) County Counsel . DATED: L57 ��. 1y7)-- 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 a � 1972 , and memo thereof filed and endorsed on claim, -per- 'Government CodeSection 9703 . _ DATED : FPhruaryT �7 _23 , l 2 W. T. PAASCH, By tel/ `� ` — 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 : Veh_ 23 ,1972 Public Works , By. .- DATED : yeDATED : Fey,-23. 1972 County Counsel , By BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for } Damages filed by California ) Casualty Indemnity Exchange ) (Dr. Morton Sarver, their ) insured) ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of Board's order of February 22, 1972, DENYING said claim, together with NOTICE OF DENIAL to the followings CALIFORNIA CASUALTY INDEMNITY EXCHANGE: 3550 Willow Pass Road Concord, California 9 .520 Attention: R. J. Smith, Claims Department I declare under penalty of perjury that the foregoing is true and, correct. Dated: FPhruaj= 230 1972 , at Martinez, California. LEWDeputy- er. �- L ? v 1972 W. T. PAASCH CLERK BOARD OF SUPERVISORS TRA CQSTA CO. By Deputy L,-71-500 A THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. O. Box 911 Martinez, California To: CALIFORNIA CASUALTY INDEMNITY EXCHANGE 3550 Willow Pass Road Concord, California Attentions R. J. Smith, Claims Department Res Dr. Morton Sarver — your insured NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on January 31, 1972 was rejected by the Board of Supervisors of said county on February 22, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: February 23, 1972 W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk J IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA February 22 197.4L- In 97.4,,In the Matter of ) Claim for Damages. . ) California Casualty Indemnity Exchange, 3550 Willow Pass Road, Concord, California (Dr. Morton Sarver, their insured) having filed with this Board on January_31 , 197_2_,, claim for damages in the amount of $ 610 ; NOW, THEREFORE, on motion of Supervisor J. P. Kenny 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, W. N. Boggess, Be A. Linscheid. 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 22nd day of February , 197 W. T. PAAS CH, CLERK { By DorothfLazzaftTii Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator F I M.. I 7o M~board pf Super-visors DATE 1--28-72 FROM �• N_ McKenzie SUBJECT Dr. Morton Sarver Public Works Department Claim for ,$610.00 The attached letter from California Casualty has been forwarded to our Insurance carrier, Pacific Indemnity. We are In doubt, however, whether this Is a legitimate claim that should be processed through your office. Please let us know. SIGNED r PLEASE REPLY HERE TO DATE f i Since your question appears to be one of a legal nature rather than one within our scope of judgment I am forwarding a copy of your memo and the related material to the County Counsel's office. SIGNED ~ k' INSTRUCTIONS - FILL IN TOP PORTION, REMOVE`DUPLICATE (YELLOW) AN Q FOR- WARD REMAINING PARTS WITH CARBONS. TO REPLY, FILL IN LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE (PINK) AND RETURN ORIGINAL. 5-tiff. 04RM m108 4T I t Ilk IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA February 22'__ 19742_ In the Matter of ) Claim for Damages. ) California Casualty Indemnity Exchange, 3550 Willow Pass Road, Concord, California (Dr. Morton Sarver, their insured) having filed with this Board on January 31 , 197_L_, claim for damages in the amount of $ 610 ; NOW, THEREFORE, on motion of Supervisor J. P. Kenny , 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, W. N. Boggess, E. A. Linscheid. - 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 22nd day of February , 197-1:::. W. T. PAASCH, CLERK r i By - Cf/Lliy�� Dorot4y Lazzarini Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: February 11, 1972 To: Geraldine Russell, Clerk of the Board Attn: Barbara Kemp From: John B. Clausen, County Counsel By : Michael D. Farr, Deputy County Counsel , Re: � 1/19/72 Letter re Dr. Sarver's accident should be handled as a claim On a copy of a memorandum to J. N. McKenzie, you requested that we advise your office as to the correct procedure to handle a letter dated January 19, 1972, from California Casualty Indemnity Exchange to the Department of Public Works concerning damage to the automobile of Dr. Morton Sarver. On January 28, 19729 Mr. Broatch of the Public Works Department replied to California Casualty stating that the January 19 letter had been forwarded to Pacific Indemnity, and that it appeared to the Public Works Department that the County has no responsibility for the accident in question. In our opinion, the letter should be considered a claim against the County and handled according to your office 's usual procedure for claims . Although the letter is not in "legal" form, the contents of the letter are in substantial compliance with Govern- ment Code §§910 and 910.2 . The major deficiency is that the letter was addressed and delivered to the wrong County department (See , Government Code §915) . However, we think that a court would hold that substantial compliance with the claims statute had taken place, since the claim had been sent to the County and eventually the Public Works Department sent the letter to the Clerk of the Board, a proper recipient for claims against the County . We refer to this office 's memorandum of January 31, 1972, discussing the recent case of Fredrichsen v. City of Lakewood (1971) 6 C. 3d 353, Cal .Rptr. , P.2d , copies of which memorandum were sent to your office and the Public Works Department, in which we concluded based upon the case's holding, that County agencies should avoid advising potential. claimants of their rights or "putting off" claimants least an estoppel preventing the County from asserting a defense under the claims statute be found in a later. lawsuit based on the same facts . MDF:me cc: Public Works Department REN-34EIVEDAttn: Mr.. Broatch FE 3 172 W. T. 'AASCN CLERK 9OA O O/0 rrnVJ!'•;n,2 :' � I LE ® California Casualty . W. T. PAASCH '—C RK-t3?RR17-Ot<-3tiPEHiIiSORS f CO OST O. NEng, puf;Y January 19, 1972 Public of P Wo D Department u i Works JAN, 2 1 197 Contra Por UBLIC w0RkS Costa County Building 2 Martinez, California DEPARTMENT Attention: Mr. Vulsad Re: Our Insured: Dr. Morton Sarver Date of Accident: 12-17-71 Place of Accident: Moraga Road, Rheem Valley, Moraga, California Our Insured.�.s Vehicle: 1965 Chevrolet Corvair Dear Sir: This is to inform you that our insured was involved in the above captioned accident as a result of a yellow flasher light being out of order which was suppose to have marked a telephone pole approximately one-half of a mile south of Campolindo High School in Rheem Valley, California. As a result of this amber flashing light not working at the time our insured struck a. telephone pole which was placed towards the center of the road at this location and then totaled his 1965 Chevrolet Corvair. We have settled the total loss on the bases of $610.00 for the car and request that you sent your check direct to California Casualty Insurance Company in this amount. Very truly yours, CALIFO A CASUALTY INDEMNITY EXCHANGE _ 1 R: /'J. t h Claims"'Department _ California Casualty Indemnity Exchange California Casualty and Life Insurance Co. California Casualty Insurance Co. - 3550 Willow Pass Rd. Concord California 94520 (415)687-9550 �. 01 ail -TItF1ri l%COLLISION REPORT &PARTMENT OF CALIFORNIA Hl G Y PATROL WE T.PLCIAL CONUITIONS NO. INJ. 11 A H CJUDICIAL UI T FELONY NO. NO. KILLED 11 III MfsnC/O��TY ' ^ REPORTING DISTRICT OEAT ' 3 20— ! X71 25 7 ZO COLLISION OCCUNHLO ON DATE YR TIMFj R:) DAY +j)L 1 (FOR STA USE NLY/ a V / n W MINIMU REPORIINO STATE MMT Oo/._FEET `!� __or '1. %J�.: `,-f/Y •. 1'x•1 <�-• r•--� a U NO YES ❑NO VEH• I NAME (FINSi, MIDDLE. LAST) STREET ADDRESS OHIVER DRIVER'S LI NSE NO. -STATE A MO D Y Y SEX RAC[ CITY STA�E PHONE PEDES- ' r'r 1 rte'l �. 1 ! ...) I•'• TR,-N VE1�1 CLE YR. MAKE LICENSE NO.77) le ' / �- -ST ATEA' OW^NER'S�NAME ❑SAME AS DRIVER KEO t VEH. DIRLCTION PEDAL' ((�J �OF ON/ACROSS (STREET OR HIG"rAY) OWNER'S ADDRESS 0ItAME AS DRIVER ❑ ITIf.AVEI /." IT / -- JZ , .- ' CYCdST SPEED LIMIT DISPOSITION OF VEHICLE ❑EY DRIVER ON OROERS OF VEHICLE DAMAGE VIOLATION CHARGED EXTENT LOCATION OTHER / D % �)�.. ` 7 % _""� / i..•.I. ❑MINOR MOD. I -T ❑ �•'"' "� (!•`-�/��:•i _ UMAJOR TOTAL VEH. 2 NAME (FIRST,MIDDLE. LAST) STREET ADDRESS DRIVER ORIVER'S LICENSE NO. STATE MO.e1RTDATDrATE YR. SEX RACE CITY STAT[ PHONE PEOES- VEHICLE YR. MAKE LICENSE NO. STATE OWNER'S NAME SAME AS DRIVER TRIAN n PARKED Y DIRECTION OF ON/ACROSS (STREET OR HIGHWAY) OWNER'S ADDRESS SAME AS DRIVER TRAVEL PEDAL- CYCLIST SPEED LIMIT DISPOSITION OF VEHICLE BY DRIVERON ORDERS OF VEHICLE DAMAGE VIOLATION R l.J EXTENT LOCATION OTHER ❑MINOR❑MOD. 1 El ❑MAJOR []TOTAL 2 DESCRIPTION OF DAMAGE h f[ IL OWNER'S NAME ADDRESS O NO Ii LEO C ❑ YES ❑ NO WITNESS EXTENT OF INJURY INJUREO WAS(check OnC) IN ONLY AGE SEX FATAL SEVERE WOUND ---7_ OTHER VISI)LE PEDAL- VEH. l•� 1 INJURY 2 DISTORTED MEMBER INJURIES 4 COMPLAINT or PAIN DRIVER PASS. ►[O. CYCLIST OTHER NUMBER L Cl 1:1 ❑ El ❑ El ❑ ❑ NAME PHONE yvvM��� Z ADDRESS TAKEN TO tINJURED ONLYI h o ❑ ❑ ❑ ❑ D ❑ D ❑ D W NAME PHONE Ir ADDRESS TAKEN TO(INJURED ONLY) i NAME ►NON ADDRESS r ,.__ A EN TO IIINJUREO ONLY) !' SKETCH {, MiSCELI 'QNJ cil!).iEQUSJ fir' AVE I 1 Dc-op Ju / �UI(.I•�:�1 f� t` Lr I [ NORTH PUBLIC U ) Df-pa �T,'�r I•r ROAD TYPE I CONVENTIONAL, ONE WAY ;•/ f 2 CONVENTIONAL,TWO WAY 3 EXPRESSWAY L, 4 FREEWAY STC )/� 5 OTHER (EXPLAIN IN NARRATIVE) ;J DIRECTIONAL ANALYSIS6 *THEN, DIVIDED 1EX►LAIN IN NRATIVF) eee )a-71) 320- 12-7.1=257 PAL CALLISION NARRATIVE`/ �i•- AiJ - LTJ '. �i� �.ii�� `.`• ,.�)/�/JT\r •, ,1^,�(, ,, �' .i: / ��.�t �_1.�.,.LY �.�a� J i;1' Iii' i t). . / t!)L(` /T I)i3.),o 771 %lf~" 'L %r: •1C / / 7 (J/f51 PRIMARY COLLISION FACTOR RIGHT OF WAY CONTROL 1 2 316 1 TYPE OF VEHICLE t = • MOVEMENT PRECEDING A VC SECTION , _ y! A CONTROLS FUNCTIONING PASSENGER PASSENGER CAR COLLISION VIOLATIONC­ "••''•-� ! _ B CONTROLS NOT FUNCTIONING A (INCLUDES STATION WAGON) A STOPPED 6 OTHER IMPROPER DRIVING C CONTROLS OBSCURED 8 PASSENGER CAR III/TRAILER 8 PROCEEDING STRAIGHT C OTHER THAN DRIVER O NO CONTROLS PRESENT C MOTORCYCLE/SCOOTER C RAN OFF ROAD n UNKNOWN TYPE OF COLLISION D PICKUP OR PANEL TRUCK O MAKING RIGHT TURN WEATHER A HEAD-ON E PICKUP OR PANEL TRUCK -W/TRAILER E MAKING LEFT TURN _ A CLEAR B SIDESWIPE F MAKING U TURN F TRUCK OR TRUCK TRACTOR 8 CLOUDY IVISIGILITY RESTRICT[O) C NEAR END G BACKING G TRUCK•00 TRUCK TRACTOR C RAINING D BROADSIDE W/TRAILEN(Sl H SLOWING-STOPPING O SNOWING f E HIT OBJECT H SCHOOL BUS 1 PASSING OTHER VCi1lLLE E FOG (VISIBILITY RESTRICTED) F OVERTURNED I OTHER BUS J CHANGING LANES F OTHER IEIPLAIN IN NARRATIVE) — G AUTO/PEDESTRIAN J EMERGENCY VEHICLE K PARKING MANEUVER LIGHTING H OTHER (EXPLAIN IN NARRATIVE) HIGHWAY CONSTRUCTION ENTERING TRAFFIC A DAYLIGHT MOTOR VEHICLE INVOLVED WITH K EQUIPMENT FROM SHOULDER,MED- - L PEOALCYCLE L. IAN,PARKING STRIP OR 8 DUSK-DAWN A NON-COLLISION PRIVATE DRIVE C DARK-STREET LIGHTS B PEDESTRIAN M OTHER (EXPLAIN IN NARRATIVE) M OTHER UNSAFE TURNING D DARK-NO STREET LIGHTS C OTHER MOTOR VEHICLE { t i 2 • OTHER AESOCIATE.D FACTOR N CROSSED INTO OPPOSING STREET LIOHT5 NOT O MOTOR VEHICLE ON OTHER ROADWAY (MARK OK[ TO TNR[[ IT[Mfl LANE E DARK• FUNCTIONING E PARKED MOTOR VEHICLE - \ A VC'SECTlox'�..J /iJ\ O PARKED ROADWAY SURFACE VIOLA?ION lVJ F TRAIN P MERGING % A DRY VC SECTION G PEDALCYCLE i - B VIOLATION O TRAVELING WRONG WAY B WET ANIMAL OTHER (EXPLAIN IM C SNOWY - ICY H C VI SECTION SECTION H NARRATIVE$ 1 =O SLIPPCRY IMUnOr, OILY• FIXED OBJECT S a t0RRICTY-Omuta-PpYBCAL VC ON IMAAK ON[ TO ?NRF[ #?full ROADWAY CONDITIONS ___ .._.___ D VIOLATION (MARK ONE TO TNK[E ITIUSI OTHER OOJECT _ VISION OBSCW[M[NT/ A HAD NOT OCEN DRINKING �/ X A HOLES, DEEP RUTS ^ J .i: !• ���_•l.,�f- x E 0 HBO-UNDER INFLUENCE B LOOSE MATERIAL ON ROADWAY K OTHER (FXPLAIN IN NARRATIVE) _ _ F INATTENTION XBO-NOT UNDER C OBSTRUCTION ON ROADWAY hROUSTR1AN'B ACTION O STOP E 00 TRAFFIC C INFLUENCE — -- IMP )•; D CONSTRUCTION-REPAIR ZONE A NO PEDESTRIAN INVOLVED H ENTER PRO/LEAVING RAMI D UNKNOWN AtRM[NT E REDUCED ROADWAY WIDTH B CROSSING IN CROSSWALK AT ( PREVIOUS COLLISION E UNDER DRUG INFLUENCE INTERSECTION F FLOODED J UNFAMILIAR WITH ROAD OTHER PHYSICAL CROSSING IN CROSSWALK- NOT AT D[FECTTYE VEHICLE F HAPAIRM[NT (EXPLAIN G OTHER (EXPLAIN IN NARRATIVE) C INTERSECTION K EQUIPMENT IN NARRATIVE) H NO UNUSUAL CONDITIONSEX PLAIN IN NARRATIVE) O CROSSING - NOT IN CROSSWALK i --- L UNINVOLVED VEHICLE G IMPAIRMENT NOT KNOWN E IN ROAD-INCLUDES INCLUDES SHOULDER OTHER tH NOT APPLICABLE F NOT IN ROAD _ M NARRA IVE)LA1N IN —j O APPROACHING/LEAVING SCHOOI. RIDS N NONE APPARENT 11 t INVESTIGATED BY I.D.NUMBER INVESTIGATED BY I.D. NWIDER a/R,E`V[r#EO t3Y ftlra-sM hlt soar�o opo e N PUBLIJAC� WORKS DEPARTMENT VICTOR W. SAUER CONTR .► COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR - 6TH FLOOR, ADMINISTRATION BUILDING R. O. BROATCH F. R:BROWN CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ, CALIFORNIA 94553 VERNON L. CLINE R.M-RYGH .. TELEPHONE 228-3000 c' -(RM: 115 COURT HOUSE) January 26.. iy7 RECEIVED California Casualty 3�/ I nderrm i ty ExchangeW. r. R fi;n 3550 Willow Pass Road CLERK roA r Concord, Ca!1 Porn i a 94520 I an T .ti u Attention; tor. R. J. Smith C I a i ms Uepa rtmant Gear Mr. Smith; A copy of your letter of January 19, claiming for the loss to your Insured,, Dr. Morton Sarver, In the accident of Daccemb®r 17, 1971 has been forwarded to our insurance carrier, Pacific Indemnity. Considering the information available to this office, it. appears that the County has no responsibility for this incident. Please direct any further correspondence on this matter to PacIflc Indemnity at 4341 Piedmont Avenue, Oakland, 94ail Very truly yours, VICTOR W. SAUER Pub t i c Works Director �y broa c Deputy Public Works DI rector, JNtA:sgb cc: board of Supervisors Pacific Indemnity L Ui I ,i. CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: ROGER WARREN CONANT Address : 407 "J" Street, Martinez, California 94553 Attorney: Lionel T. Aiken of Hardin, Cook, Loper & Martin 1710 Ordway Building, 2150 Valdez Street, Oakland, CA 94612 Amount: $1, 500,000.00 as of the date of presentation of this claim Date Filed : January 28, 1972 By delivery to Clerk By mail , postmarked 1 27-72 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: January 28, 1972 W. T. PAASCH , By ' Dorothy azzar ni, 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 Section ( ✓ 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 recd end referral to : ( ounty ' s general insurance carrier;_,,, . ( Other insurance carrier;-&nrdre//a . :c.arr��r, ( County Counsel . DATEDi� 72 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 Fgb22, 1972 (copy of Board Order also attached) . Please - forward pt is claim to the County ' s general insurance carrier (orsee II above ) - Claimant notified of this action per Government Code Sec- tion 913 on Fpbruary23 , 1972, and memo thereof filed and endorsed on claim, per Cove—rnnment Code Section 9703. _ DATED : �°y� February 23 , 1972 W. T. PAASCH, By zz r n' 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 : Feb. 23, 1972 Public Works , By ' DATED : Feb. 23, 1$72 County Counsel , By y/ 22, I BOARD OF SUPERVISORS, CONTRA COSTA COUNTY0 CALIFORNIA AFFIDAVIT OF MAILING In the Metter of Claim for ) Damages -- ROGER WARREN CONANT ) ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of Board Order of February 22, 1972 DENYING claim, together with NOTICE OF DENIAL to the following: ROGER WARREN CONANT c%o Hardin, Cook, Loper & Martin- Attorneys at Law 2150 Valdez Street, Suite 1710 Oakland, California 94612 I declare under penalty of perjury that the foregoing' is "true and correct. Dated.. February 23, 1972 , at Martinez, California. Deputy erk I L E D !=E B 2 31972 I;-71-500 W. T. PAASCH CLERK BOARD OF SUPERVISORS +GO T OSTA CO. B Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: ROGER WARREN CONANT C/o Hardin, Cook, Loper & Martin Attorneys at Law 2150 Valdez Streetq Suite 1710 Oakland, California 946612 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on January 28, 1972 was rejected by the Board of Supervisors of said county on February 22, 1972 . WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: February 23, a972 W. T. PAASCH, CLERK By Dorothy zz Deputy Clerk e IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA February 22 197 In the Matter of ) Claim for Damages. ) Roger Warren Conant, 407 "J" Street, Martinez, California, by _ and through his attorneyp, Hardin, Cook, Loper & Martin, 2150 Valdez Street, Suite 1710, Oakland, California having filed with this Board on January 28 , 197 2 , claim for damages in the amount of $1, 500;000 as of the date of presentation of this claim ; NOW, THEREFORE, on motion of Supervisor J. P. Kenn, , 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 fol lowing vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriartyp W. N. Boggess, E. A. Linscheid, 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 qqad day of , a , 1972_- W. T. PAASCH, CLERK By Dorothy tazzarini Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator r NOTICE OF INSUFFICIENCY To: Roger Warren Conant c/o Hardin, Cook, Loper & Martin Suite 1710 2150 Valdez Street Oakland CA 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. 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: FEB 1 1972 JOHN B CLAUSEN, County Counsel W. T. PAASCH By CLERK BQARD OF SUPERVISCR^, TRA COSTA /D •pu y County Counsel ByDeputy 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. February 1, 1972 Dated: � x , at Martinez, California. MDF:mk cc: Clerk of Board of Supervisors Public Works Department cc-33:250: 7/70 (Notice of Insufficiency of Claim; Govt.C. §§910, 910.2, 910.49 910.8) a I I HARDIN, COOK, LOPER & MARTIN FILEE) Attorneys at Law 2 2150 Valdez Street Suite 1710 •%tEii )B 1272 3 Oakland, California 94612 W. T. PAASCH CLRRK BOARD OF e{/PERY150RS ' 4 Telephone: 444-3131 Cc �+c ;C oar 5 6 7 g CLAIM AGAINST THE COUNTY 9 OF CONTRA COSTA 10 11 TO: THE BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA. 12 1. The Claimant's name and post office address are 13 as follows : ROGER WARREN CONANT, 407 "J" Street, Martinez, 14 California 94553. 15 2. I desire notices to be sent to the following post 16 office address : HARDIN, COOK, LOPER & MARTIN, 2150 Valdez Street, 17 Suite 1710 , Oakland, California 94612. 18 3. The date, place and other circumstances of the 19 occurrence or transaction that gave rise to this claim are as 20 follows .- 21 ollows :21 Claimant on October 24 , 1971, at approxi- 22 mately 6 :35 p.m. , was operating a 1964 Plymouth vehicle on State Route 4, one-half 231 mile east of Willow Pass Road in the unin- corporated area of Contra Costa County. 24 Claimant was proceeding in a general wes- terly direction on State Route 4 when he 25 was struck in the rear by another vehi- cle causing Claimant's vehicle to travel 26 into the oncoming lanes of traffic where LAW OFFICKS OF Hardin,Cook.Loper 3 Martin 1710 ORDWAY BUILDING 2100 VAL022 STRWIT - OAKLAND.CALIF.OA612 PNON2 444-3121 i it was struck by other vehicles. The County of Contra Costa failed to ade- 2 quately design or redesign State Route 4 after knowledge of its dangerous 3 condition, and further the County of 4 Contra Costa failed to maintain, regu- late and supervise said roadway so as 5 to make it safe for the operation of motor vehicles. 6 4. A general description of the injury or damage 7 incurred so far as it is now known is as follows: 8 Claimant has sustained brain damage, 9 internal injuries , and injuries to the extremities. 10 5. The name of the public employee or employees 11 causing the injury or damage as now known is : 12 The name or names are unknown at the 13 present time. 14 6. The amount .claimed as of the date of presentation 15 of this claim is $1,500 ,000.00 , which includes present injuries 16 to the claimant, his automobile and trailer, together with an 17 amount for pain and suffering. 18 7. The basis of computation of the amount claimed . 19 is as follows : 20 Medical, surgical and property damages in excess of $20,000.00 to date, with 21 future special damages presently not capable of being ascertained. 22 8. I, LIONEL T. AIKEN, the undersigned, am a person 23 presenting this claim on behalf of the claimant above named. 24 Dated: January 27, 1972. 25 HARDIN, COOK, LOPER & MARTIN 26 LAW OFFICES OF . Hardin,Cook,Loper a Martin a 1710 ORDWAY SDILDINO AIKEN 2150 VALDE2 STREET OAKLAND.CALIF.04512 PHONE 444-3121 Page. 2 Affidavit of Service by Mail (G C P. 1013a) (Aust be attached to original or a true copy of paper served) STATE OF CALIFORNIA No. ..----- _ COUNTY OF...__..ALAMEDA -. - LYNDA A. WOODLIEF .._.._. ------------------------------------------------------_---..._.._..._---------._. ._...._..._.being sworn, says that s he 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 affiant'sx*oatac (business) address is 2150 Valdez Street Suite 1710 Oakland, California 94612 That affiant served a copy of the attached CLAIM AGAINST THE COUNTY OF CONTRA COSTA by placing said copy in an envelope addressed to CONTRA COSTA COUNTY BOARD OF SUPERVISORS Administration Building Martinez , California 94553 which envelope was then sealed and postage fully prepaid thereon, and thereafter was on............. January 27 . 19.72, deposited in the United States mail at.-_Oakland, California That there is delivery service by United States mail at the place so addressed, or regular communi- cation by United States mail between the place of mailing and the place so addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on.._• January• 27,--1972...................... at................0akland .... I California. (Signature) p � do p o z x Z -< p U1 r o 0 p C A > r z p n p N G7 nLn 'D m a m D :D ° Lo mim W o A. ro m z � to 0 � Z K :Do Z N ct140 M O sm En En wrb � o a',f t'S p tl� Z t r W N 3 •' ul i C'n '1 r;,,�.►rRxvnfS,L In the Board of Supervisors of Contra Costa County, State of California February 15 19_72 In the Matter of Claim for Loss of Personal Property. Mr. Roger Overton, 308. Tunnel Avenue, Point: Richmond, . California in a letter dated January 31,_ 1972 having requested reimbursement for personal property allegedly lost while he' was a patient at the County Hospital; and On motion of Supervisor A. M. Dias, seconded by - Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that this matter is REFERRED to the County Administrator for necessary action. The foregoing order was passed by the following vote of the Board` AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid 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 • Mr. Overton Witness my hand and the Seal of the Board of Social Service Supervisors 15th February 72 County- Medical Director affixed this day of , 19 _ County Administrator j W. T PAASCH, Clerk By l Deputy Clerk Joan R. Schoettler N 74 11/71 10M "`' February 7, 1972 Contra Costa County Board of Supervisors Gentlemen: On February 3, 1972, I was admitted to Ward Bl at the County Hospital. At that time I had a brown suede coat which I purchased for $90.00, although the actual value was $150.00 a p month ago from a store in Sacramento. This coat waslistedaonitheae clothing sheet in my chart. When I was being discharged from the ward on February 5, 1972, the coat could not be found and is still missing. I would like to have the coat replaced or be compensated for it. Very truly yours, � J C � 1 Roger Overton #227353 Please address reply c/o Hary. Fowler, 308. Tunnel Avenue, Richmond' . Point, California. RECE 117ED 9L . .{:_ 7 r N:8 8 -72 ,�alW. T, p - 7 CLERK @OA AASCR j Rfl OF SUPERVISORS By CO RA CO3T.6 Co. Oaputy In the Board of Supervisors of Contra Costa County, State of California February 15, 1972 In the Matter of Claim for Damages in Connection with San Pablo Dam Road Slide Repair, E1 Sobrante Area, Project No. 0961--6463-69, On the recommendation of the Public Works Director and on motion of Supervisor A. M. Dias, seconded by Supervisor J. P. Kenny;,: IT IS BY THE BOARD ORDERED that a document waiving any and all claims for further compensation from the County for damages caused to their property by reason of road maintenance or construe- tion of San Pablo Dam Road, Project No. 0961-6463-69, El Sobrante ar?a,, is ACCEPTED from Charles A. Corum et ux. IT IS BY THE BOARD FURTHER ORDERED that the County Auditor. is AUTHORIZED to issue a warrant in the amount of $250, in favor of Charles A. and Anita C. Corum, 5150 LaHonda Road, El Sobrante, California. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid'. 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: C. A. Corum Witness my hand and the Seal of the Board of Public Works (2) Supervisors Auditor affixed this 15th day of February , 1972 County Counsel W. L PAASCH, Clerk Administrator By �� Deputy Clerk Mildred 0. Ballard -X - F - H 2171 1nM Y y � t CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : Dorothy Rocksvold Address : 316 - 45th Street, Richmond, California Attorney: O 'Neill, Titus & Bridgman, Attorneys at Law 1515 Central Building, Oakland , California 94612 Amount : $150,000.00 Date Filed : February 7, 1972 By delivery to Clerk 2/7/72 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: February 7, 1972 W. T. PAASCH, By ancy ngr am, 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. 1/ We recommend referral to : ( County ' s general insurance carrier; Other insurance carrier; County Counsel . DATED: m z-a JOHN B . CLAUSEN, By D puty 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 February 15, 1972 (copy of Board Order also attached ) . Please forwar t is claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on February 16, 197 and memo thereof filed and endorsed on c aim, per Government Code Section 29703 . DATED: February 16, 1972 W. T. PAASCH , By ancy ng am, 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 : February 16, 1972 Public Works , By DATED: February 16, 1972 County Counsel , By BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILIN F In the Me Iter. of ) CLAIM FOR DAMAGES: - � FEB 1972 W. T. PAASCH CLERK BOARD OF SUPERVISORS Dorothy Rocksvol.d, represented ) _CONT 08TA C LINTY by O'Neill, Titus & Bridgman, ) 0 wty. Attorneys at Law. ) - I declare under penalty of perjury that I am now,,, and at all times herein mentioned have been,, a citizen of the United States,, over age 21;; and that today I deposited in the United States Post Office in Martinez,. California.,. postage fully prepaid,, a certified copy of Board order of February 15, 1972, together with NOTICE OF DENIAL in the matter of CLAIM FOR DAMAGES filed on behalf of Dorothy Rocksvold by 0/Neill, Titus & Bridgman, Attorneys at Law, to the. following:, Dorothy Rocksvold c/o O'Neill, Titus & Bridgman Attorneys at Law . 1515 Central Building Oakland...;.California 94612 I declare under penalty of per jpry that the foregoing is true-. and. correct.. Dated*. February 16, 1972 at Martinez,, Ca lif ornia .. 1 an - n a am, Deputy er 4-71-500 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 t P. 0. Box 911 Martinez, California To: Dorothy Rocksvold c/o O'Neill, Titus & Bridgman Attorneys at Law 1515 Central Building Oakland, California 94612 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on February 7, 1972 was rejected by the Board of Supervisors of said county on February 15, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: February 16, 1972 W. T. PAASCH, CLERK By Ranpy 1qaraham Deputy Clerk IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA Febrgary 15 19T2 In the Matter of ) Claim for Damages. ) Dorothy Rocksvold, 316 - 45th Street, Richmond, California by O'Neill, Titus & Bridgman, Attorneys at Law, 1515 Central Building, Oakland, California 94612 having filed with this Board on February 7 , 197 2 , claim for damages in the amount of $ $150,000.00 NOW, THEREFORE, on motion of Supervisor J. P. Kenny , 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, W. N. Boggess, E. A. Linscheid. 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 thq.SFt%, of Supe�etiagyaffixed thi t day of , 197 - W. T. PAASCH, CLERK B 7 Baer�:tn 6 UM Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator T I CLAIM AGAINST THE COUNTY OF CONTRA COSTA CONTRA COSTACOUNTYHOSPITAL 2 CONTRA "COSTA COUNTY MEDICAL CENTER 3 CLAIMANT: DOROTHY ROCKSVOLD 4 ADDRESS: 316 - 45th Street, Richmond, California 5 ADDRESS TO .WHICH .NOTICES SHOULD BE SENT: 6 O'Neill, Titus & Bridgman F L LO Attorneys at Law FEB 7 1972 7 1515 Central Building Oakland, California 94612 W. T. PAASCH 8 CLERK BOARD OF SUPERVISORS CO TRA COSTA CO. By Deputy 9 DATE AND CIRCUMSTANCES OF OCCURRENCE: On or about ove , 10 1971 and for approximately six months therebefore, claimant was a 11 patient of the said County at the Contra Costa County Hospital, 12 Martinez, California, and .the Contra Costa County Medical Center, 13 Richmond, California, under the care and treatment of employees of 14 the said hospital, medical center and County. At said time and 15 place, said employees so negligently and carelessly examined and/ 16 or treated, and/or cared for said claimant as to cause her .to 17 suffer severe and painful injuries. 18 DESCRIPTION OF INJURY OR DAMAGE: Claimant suffered injury to 19 her nervous, circulatory and vascular systems, internal organs, 20 and to her health in general, and other injuries presently un- 21 known. 22 NAMES OF PEOPLE, EMPLOYEES CAUSING INJURY: Employees of the 23 Contra Costa County Hospital, Martinez, California, and Contra 24 Costa County Medical Center, Richmond, California, and County of 25 Contra Costa, whose names are presently unknown to claimant. 26 AMOUNT CLAIMED: General damages, $150 ,000 .00 , including physical, 27 mental and emotional injuries, pain and suffering, and any neces 28 sary incurred medical expenses. 29 DATED: February 4 , 1972. 30 O'NEILL, S BRIDG 31 _ 32 BY O'NEILL.TITUS Att rneys for c al ant. IN BRIDGMAN ATTORNEYS AT LAW CENTRAL BUILDING 14TH AND BROADWAY _ OAKLAND. CALIF. 94611 PHONC 899.3800 - CLAIM AGAINST. CONTRA COSTA COUNTY Routing Endorsements Claimant: Nancy Ann Baker, Attorney at Law Address : 211-B Joaquin Avenue, San Leandro, California 94577 Attorney: Claimant Amount : $75,000-00 Date Filed : February 7, 1972 By delivery to Clerk 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: February 7, 1972 W. T. PAASCH , By c ancy6tlngAham, 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 unt-i-1 .15__days after notice is given by this office, ,. ' / ( ) Do not file claim, time limits ha.ue' .'expi`r,ed.- 3 r/ We reco nd referral to : { ( County ' s general insurance carrier; ( Other insurance carrier; s ( County Counsel . DATED: JOHN B . CLAUSEN, By. De.puty. 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 February 15, 1972 (copy of Board Order also attached) . Please forward t is claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on Februar 16, 1972, and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED: February 16, 1972W. T. PAASCH, By lv� Nancy I#,grahfA, 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 : February 16 , 1972 Public Works , By -- DATED: February 2.6, 1972 County Counsel , By .rte BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of ) F I L E D CLAIM FOR DAMAGES: , FE 1 6 1972 Nancy Ann Baker (Claimant) } W. T. PAASCH Attorney at Law. ) CLERK BOARD OF SUPERVISORS fly. & A( 7A C N7Y I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States; over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid; a certified copy of Board order of February 15, 1972, together with NOTICE OF DENIAL in the matter of CLAIM FOR DAMAGES filed by Nancy Ann Baker, Attorney at Law (Claimant) to the following: Nancy Ann Baker, Attorney at Law 211-B Joaquin Avenue San Leandro, California 94577 I declare under penalty of perjury that the -foregding is 'true. and correct*. Dated: February 16, 1972 , at Martinez.,, Califorriia . a , Deputy 'Cleric 4-71-500 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: Nancy Ann Baker Attorney at Law 211-B Joaquin Avenue San Leandro, California 91}577 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on February 7, 1972 was rejected by the Board of Supervisors of said county on February 15, 1972 WARNING Subject to .certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: February 16, 1972 W. T. PAASCH, CLERK By Nancy/ abam Deputy Clerk IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA February 15__.1__1.1 19TH In the Matter of ) Claim for Damages. ) Nancy Ann Baker, Attorney at Law (Claimant) 211-B Joaquin Avenue, Seri Leandro, California 94577 having filed with this Board on February 7 , 1972 , claim for damages in the amount of $75,000 s NOW, THEREFORE, on motion of Supervisor J. P. Kenny_ , 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, W. N. Boggess, E. A. Linscheid. 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 th� ard of Supervisors affixed thi day of !'a ruary , 1971 W. T. PAAS CH, CLERK By �!L' Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator 1 NANCY ANN BAKER Attorney at Law 2 211-B Joaquin Avenue 3 San Leandro, California Phone: 483-0806 5E01VED 4 W. T. P A A r';'.� 6 CLER OARD By 9 10 NANCY ANN BAKER 11 Claimant, 12 vs - CLAIM FOR DAMAGES 13 COUNTY OF CONTRA COSTA 14 --------____ __ — --- 15 TO THE BOARD OF SUPERVISORS FOR CONTRACOSTACOUNTY: 16 You are hereby notified that NANCY ANN BAKER, whose.address is:, 17 211-B Joaquin Avenue, San Leandro, California, claims damages frau the County of 18 Centra Costa in the amount, computed as of the date of presentation of this claim of 19 20 $ 75, 000.00 21 This claim is based on the wrongful killing of a foundation buffalo bull belong- 22 ing to claimant on or about the 3rd of November, 1971, in the vicinity of Redwood Road 23 and Bollinger Canyon Road. 24 The bull was wrongfully shot and killed by Contra Costa Cainty Animal Control. 25 The names of the public employees causing claimant's loss under the described 26 circumstances are not known. 27 The loss sustained by claimant, as far as known, as of the date of presentation 28 of this claim, consist of deaj9f foundation bull to claimant's herd of buffalo, now 1 consisting of two calfs and five cows. 2 The amount claimed, as of the.date of presentation of this claim .is 3 computed as follows: 4 Damages incurred to date 5 Value of bull 6 as general damages $ 75, 000.00 7 Total damges to date $ 75, 000.00, —— 8 9 10 11 All notices.or other communications with regard to thisclaimshould be. 12 sent to claimant at 211-B J(,aquin Avenue, San Leandro,. California. 13 Dated-------- .3 -- 7�-- 14 NANCY ANN K ER - 16 17 18 19 20 21 22 23 24 25 26 27 28 5 r_ ( OF OF SERVICE BY MAIL-1013x, 2015.5 C. ) • i am a citizen of the United Stand a resident of the county of Alam t am business over The age of eighteen years and not a party to the within above entitlyd action;my residence address is: 211-B Joaquin AVENUE, SAN LEANDRO, CALIFORNIA On FEBRUARY 3, 1972 19—.,1 served the within CLAIM FOR DAMAGES B(A RD OF SUPERVISORS on the CONTRA COSTA COU in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid,in the United States post office mail box at *SAN LEANDRO, CALIFORNIA addressed as follows: COUNTY BUILDING BOARD OF SUP ERVISORS COUNTY OF CONTRA COSTA l�Pl�33T4EF►'�?Q�1�C�K�9P1� MARTINEZ, CALIFORNIA 1 CELIA J. WCJTTUN ,certify(or declwre),under penalty (name must be typed or printed) of perjury,' tbw the foregoing it true and correct. Executed on FEB. 3, 1972 Al San Leandro, ,California (date) (plus) Signature *proof of service by mail forms,being signed under penalty of perjury,do not require notarization. ATTORNEYS PRINTING SUPPLY FORM NO. I1 In the Board of Supervisors of Contra Costa County, State of California February 8 19- 72 In the Matter of Claim for Loss of Personal Property. A claim having been filed with this Board on January 31, 1972 by Mr. Vernon W. Moeller, 88 Bayview, Pittsburg, ,: California for personal property allegedly lost while he was a patient at the County Hospital; and On motion of Supervisor J. P. Kenny, seconded by Supervisor W. N. Boggess, IT IS BY THE BOARD ORDERED that this matter is referred to the County Welfare Director for investiga- tion and report. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: 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. cc.• Mr. V. W. Moeller Witness my hand and the Seal of the Board of County Welfare Director Supervisors County Medical Director affixed this 8th day of February , 19 72 County Administrator W. T. PAASCH, Clerk By Deputy Clerk Joan R. Schoettler 64 94+1 1/71 10M Z 26,. 1972 4'�'. ?'. ', r'� t'1 C F1 January CLERK BOARD OF SUPERVISOJRS CO RAC TA C 8y Contra Costa County Board of Supervisors Gentlemen: On November 15, 1971, I was- admitted to M Ward at the County Hospital= At that time I`vas wearing a gold wrist watch which I purchased in -1967 at Miller Jewelers in Oakland for $300.00 and ,a gold star shaped diamond ring, with 6 diamonds, which I' purchased at "Milens Jewelers in Oakland about 15 years ago for $500.00. Both of these items were listed on the clothing sheet in my chert. When I was being discharged from the ward on -November 18, 1971, the ring and watch could not be bound and they are still missing. I would like to have the items replaced . or be compensated for them. Ve truly yours, Vernon W. Moeller 88 BayviewI, Pittsburg, California GtJ _`Q� �6tn '�'�'aq► L �P F C F8�. d �.8-,a tl iy�?�v •e 7a Of V 1l?a4nL, °�Y ofCAerVjS nt ors CC'st Aja CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements . Claimant: Julianne Oliver Address : 1731 Glen Court, Pinole, California 7C3EXW FARMERS INSURANCE GROUP, 3831 Dam Road, El Sobrante, California Amount: $374.17, approximately. Date Filed : January 26, 1972 By delivery to Clerk By mail , postmarked Jan.2 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 Cod Sections 910 and 910.2? DATED: January 26,_1972 W. T. PAASCH, By Joan R. Schoettler, 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 substan;t-ially 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 reco end referral to : ( County ' s general insurance carrier.; Other insurance carrier; - County Counsel . DATED: '�t`7 JOHN B . CLAUSEN, By 4Deut 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 February 8, 1972 (copy of Board Order also attached ) . Please forward t is claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on February 9, 1972, and memo thereof filed and endorsed on c -aim, per Government Code Section 29703 . DATED: February 9, 1972 W . T. PAASCH, By ��Vg�r .,.�� Nana ffam, Deputy IU . 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 : February 9, 1972 Public Works , By ?� DATED : February 9, 1972 County Counsel , By G� B60D OF SUPERVISORS, CONTRA COSTA COUNTY, 6ALTFORNIA AFFIDAVIT OF MAILING In the Metter of CLAIM } F1 L E FOR DAMAGES: } E E 8 9 1972 Julianne Oliver represented W. T. PAASCH by Mr. Jerry G. Holiday. CLERK BOARD OF SUPERVISORS CONTRA STA C UNTY uty t declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United' States` Post Office in Martinez, California, postage fully prepaid, a certified copy of Board order of February 8, 1972, together with NOTICE OF DENIAL in the matter of CLAIM FOR DAMAGES filed on behalf of Julianne Oliver, (represented by Mr. _Jerry G. Holiday) to the following: Julianne Oliver c/o Mr. Jerry G Holiday, Agent Farmers Insurance Group 3831 Dam Road El Sobrante, California 94803 . I deelare under penalty of perjury that the foregoing. is true and correct. Dated: February 9, 1972 , at Martinez, California . an a_ , Deputy Clerk:: 4-71-500 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA February 8 _ , 19 In the Matter of Claim for Damages. ) Julianne Oliver, represented by Mr. Jerry G. Holiday, Agent, Farmers Insurance Group, 3831 Dam Road, El Sobrante, California 94803 having filed with this Board on January 26 , 19 72 , claim for damages approximately in the amount of $ 374*17, 1 ; NOW, THEREFORE, on motion of Supervisor J. P. Kenny , 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, W. N. Boggess, E. A. Linscheid. . 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 t e Board of Su ervisors affixed this the day of ebruary , 19 72 . W. T. PAASCH, CLERK By Nancy In ahem Deputy Clerk cc: Claimant Administrator Public Works (3) Attention Mr. Broatch County Counsel Form #8 70-3-500 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: SHIRLEY ANN JAMERSON Address : 639 South 28th Street, Richmond, California Attorney: Brian M. Sax, Nason & Goldfarb, Inc., 2437 Durant, Suite 201 , Berkeley, CA 94704 Amount : 310,000, plus other undetermined amounts. Date Filed : May 17, 1972 By mail , postmarked May 1Z1 1972 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 40t4rioosv 91 and 910 .2? . , DATED: May 17, 1972 W. T. PAASCH, By Laz rini Deputy II . FROM: County Counsel ' s Office T0: lerk 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 reco end referral to : (County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: l( 'M N7 JOHN B . CLAUSEN, By D6puty 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 May 30, 1972 (copy of Board Order also attached ) . P ease forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on May 31, 1972 , and memo thereof filed and endorsed on c aim, per Government Code Section 703 . DATED : May 31, 1972 W. T. PAASCH, By Deanna Pe rie 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 : May 31, 1972 Public Works , By c2, ie� DATED: May 31, 1972 County Counsel , By i 7' IN THE BOARD OF SUPERVISORS OF . CONTRA COSTA COUNTY, STATE OF CALIFORNIA May 30 , 197 : 2 In the Matter of ) Claim for Damages. ) Shirley Ann Jamerson, c/o Brian M. Sax. Nason & Goldfarb.Ine ., 2437 Durant, Suite 204, Berkeley, California 94704 having filed with this Board on May 17 197-2—., claim for damages in the amount of $ 101000, plus othundetermined amounts ; 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. E. Moriarty, W. N. Boggess,, E. A. Linscheid. 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 30th day of May , 197-2—. W. T. PAASCH, CLERK B Deanna Petrie Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator Medical Director THE BOARD OF SUPERVISORS' OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: Shirley Ann Jamerson c/o Brian M. Sax Nason & Goldfarb, Inc. 2437 Durant, Suite 204 Berkeley, California 94704 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on May 17, 1972 was rejected by the Board of Supervisors of said county on May 30, 1972 . WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: May 31, 1972 W. T. PAASCH, CLERK By2 eanna e e Deputy Clerk bcc: Pacific Indemnity Company Attn: Mr. Dick Naahtsheita I BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages : } SHIRLEY ANN JAMERSON, CLAIMANT I declare under penalty of perjury, that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21 and that today I deposited in the United States Post Office in Martinez, California-, postage fully prepaid, a certified copy of Board ' s order of May 30, 1972 denying claim of SHIRLEY ANN JAMERSON, together with "Notice of Denial" of said claim to 'the following: SHIRLEY ANN JAMERSON c/o Brian M. Sax Nason & Goldfarb, Inc 2437 Durant, Suite 204 Berkeley, California 94704 I declare under penalty '-of per jury that the 'foregoing Is'-true end correct-, Dated: May_ 31, 1972 , at Martinez, California . r FI L E ® Deputy. _ er M1, 31/) 1972 W. T. PAASCH CLERK 60 RD OF SUPERVISORS RA CO$TA CO. 6y Deputy 4-71-500 "w OFFICES OF - 1 MASON & GOLDFARB, INC. SATHER GATE CENTER.SUITE 204 F I L 2 2437 DURANT AVENUE BERKELEY.CA.1"RMA 94704 MAY '7� 19723 4415) "a-1960 W. T. PAASCH Q61RK BOARD OF AUPERVIBORG 4 AA COSTA CO. ■ - Ot Y1y 5 ATTORNEYS FOR Claimant 6 7 SHIRLEY ANN JAMERSON, 8 Claimant 9 VS . 10 COUNTY OF CONTRA COSTA, et al . , 11 / 12 TO THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA : 13 Pursuant to Section 910 of the Government Code of the State 14 of California , please be advised and take notice that SHIRLEY 15 ANN JAMERSON, whose address is 639 South 28th Street, Richmond, 16 California claims damages from the COUNTY OF CONTRA COSTA for 17 personal injuries sustained by claimant as a result of acts by 18 persons who are agents and/or employees of the COUNTY OF CONTRA 19 COSTA. 20 This claim is based upon injuries , both physical and emotion- 21 al , sustained by claimant between the approximate dates of April 22 21 , 1972 through and including April 29 , 1972 under the following 23 circumstances : The claimant was a patient of Dr . Muriel Robinson, 24 M.D . , a COUNTY employee , employed by the CONTRA COSTA COUNTY 25 MEDICAL SERVICES , Richmond Clinic , Richmond , California . On or 26 about April 21 , 1972 Dr. Robinson prescribed for claimant the -1 - I drug Vistaril . On or about April 21 , 1972 claimant went to the 2 Richmond Clinic Pharmacy located at 38th and Bissell , Richmond , 3 California , which clinic is operated by the CONTRA COSTA COUNTY 4 MEDICAL SERVICES . Said prescription , number 710304 , was filled 5 by an employee(s) of the COUNTY OF CONTRA COSTA, said employee(s ) 6 being in the course and scope of his employment . Said pharmacist 7 or pharmacists employed by the COUNTY OF CONTRA COSTA filled prescri - 8 tion number 710304 and marked the plastic container as "Vistaril 9 25mgs . #60 NR11 . In truth and fact said prescription was not Vistari 10 but is believed to be Doxepin HC1 a different drug than that prescri - 11 ed by Dr . Robinson and a different drug than that appearing on 12 the label of the filled prescription . The misfilling of this. 13 prescription was due solely to the carelessness , negligence and 14 fault of the pharmacist or pharmacists employed by the COUNTY 15 OF CONTRA COSTA. Claimant, at all times following instructions 16 on the bottle containing the prescription , proceeded to take the 17 drug , presently believed to be Doxepin HC1 . As a result of the 18 taking of said drug, claimant suffered and continues to suffer , 19 various disorders and irregularities and certain muscular incoord.in- 20 ation, among other effects . 21 The amount claimed as of the date of presentation of this 22 claim is computed as follows : 23 DAMAGE INCURRED TO DATE: 24 Medical and Hospital Care. . . . .according to proof 25 Special damages . . . . . . . .according to proof' Loss of earnings . according to proof . 26 General damages . .$10 ,000.00 LAW OFF1.^.ES Of -2- NASON & GOLDFARB, IMC. GATHER DATE CENTER SUITE 204 - 7437 DURANT AVENUE -BERKELEY.CALIF.94704 (415) B48-1960 1 Estimated prospectivedamages as far as known , are computed K 2 as follows: 3 ESTIMATED PROSPECTIVE DAMAGES 4 Medical and Hospital Care. .according to* proof Special damages . .according to proof 5 Loss of earnings . according to proof General damages . $1.0 ,000.00 6 - All notices or other communications with regard to this 7 claim should be sent to: 8 BRIAN M. SAX 9 ' NASON' & GOLDFARB , INC. ' 2437 Durant, Suite 204 10 Berkeley, CA 94704 11 DATED: 0' 16� 11-7 NASON & GOLDFARB , ' INC by 12 BRIAN M. SAX 13 Attorneys for Claimant 14 16 17 18 19 - 20 21 22 23 24 . . . 25 26 LAw orricca or MASON&GOLDFARB,IRO. SATNCR OATC CCNTCR 3;- SUtTC 204 2437 OURANT AVCNUC - BERKELEY,CALF.94704 - (41S) 646-1960 - 00 mx !0 v = MM � o C ^^ �14/ -on Fi Z m -Di 0 -1 -i pi R N 0 Z A Z 9 0 d m A Q C-) C-)c+ r.o C+ 7T, � N � N cF O fy p nC+ n D�•O •S OAC_ c+ .s O C.n to to 0 cF CD N O 71 N rn rn R m u� fq:ffgf f.gff►Y - LAW OFFICES OF - NASON & GOLDFARB, INC. 1w ILT ON NASON - SOUTHERN CALIFORNIA OFFICE JOEL GOLDFARB SATHER GATE CENTER 1532 THIRD STREET SUITE 204 - - BRIAN M.SAX 2437 DURANT AVENUE SANTA MONICA,CALIF 60401 BERKELEY,GA 1- FORNIA 64704 (415)a48-1060 - May 16, 1972 FRECEIVED Clerk—Board of Supervisors County of Contra "Costa 171972 Administration Bldg. PAASCH D OF SUPERVISORS Martinez, CA A C CO. By Deputy Re : Claim of Shirley Ann Jamerson Dear Sir : Enclosed for filing please find the original and 2 cop(y) ( ies ) of the following documents , in the above entitled matter : Claim of Wrley Ann Jamerson . I am also enclosing a self-addressed , stamped envelope in which to return the endorsed filed cop(y) (ies ) to this office. Very truly yours , NASON & GOLDFARB , INC . BMS ca h Encl . • .fit ~Y�. i CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : MELLONEE THOMPSON Address : c/o MASSEY azad PEPPARD, Attorneys at Law, 3615 Bissell Ave. Richmond, California 94805 Attorney: MASSEY & Peppard Amount: $5,000 (as of date of presentation) Date Filed : May 22, 1972 By delivery to Clerk x By mail , postmarked May 1 1972 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*ctions 10 and 910.2? DATED: �Iav22� 1472 W. T. PAASCH, By 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 recom nd referral to : ( County' s general insurance carrier; ( ) Other insurance carrier; County Counsel . DATED: go;- /�? 1,� 7 :1 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 May 30, 1972 (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 31, 1972 and memo thereof filed and endorsed on-Maim, per Government Co �eanna 0 . T DATED: May 31, 1972 W. T. PAASCH, By e 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: May31, 1972 Public Works , By t , DATED: May 31, 1972 County Counsel , By / �-, • IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA Mai► 30 , 19742 In the Matter of ) Claim for Damages. ) Mellonee Thompson, c/o 'Massey and Peppard, Attorneys at Law, 3615 Bissell Avenue, Richmond, California having filed with this Board on May 22 197 2 , claim for damages in the amount of $ 5000 (as of date of presentation) 3 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. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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 thi s 30th day of May , 197 �� W. T. PAASCH, CLERK By Petrie Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator THF BOARD OF SUPIIIVISOR3 OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: Mellonee Thompson c/o Massey and Peppard, Attorneys at Law 3615 Bissell Avenue Richmond, California 94805 NOTICE IS HEREBY GIVEN that the claim which you presented . to the County of Contra Costa on May 22, 1972 was rejected by the Board of Supervisors of said county on May 30, 1972 . WARNING Subject to certain exceptions, you have only sial (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: May 31, 1972 W. T. PAASCH, CLERK r By Deputy Clerk boo: Pacific Indemnity Company Attn: Mr. Dick Nachtsheim BOARD OF. SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the `Matter. of Claim for ) Damages.; ) MELLONEE THOMPSON, CLAIMANT ): ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United .States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of Board ' s order of May 30, 1972, ,denying claim of MELLONEE THOMPSON, together with "Notice of Denial" of said claim to the following MELLONEE THOMPSON c/o Massey and Peppard, ,Attorneys at -:Law: , 3615 Bissell Avenue Richmond, California 94805 -I declare under penalty of perjury that the foregoing is true and`. correct. Dated: May 31, 1972 at Martinez, California . t,-71-500 MASSEY & PEPPARD Amop"ya al.&. 3615 BISSELL AVENUE RECTI RICHMOND, CALIFORNIA 948D5 1415)233-8688 !4-Ay Pr EDI W. T. PAA8CH CLftAK BO RA pR EQVISOM Gy -. 18,, :1972 Clerk Contra Costa County Board of- Supervisors Martinez, California -5 Dear Clerk: Enclosed please find Claim of Mellonee .Thompson Please see that it is presented -at the next meeting of the Board of Supervisors. Thank you. x Very truly yours, :CARMEN L. MASSEY - , Attorney at Law . Encl: CLMjlr CLAIM AGAINST THE. COUNTY OF CONTRA, COS'T'A TO: Clerk; .Contra Costa County Board of Supervisors 1. My name and post office address are as follows: . MELLONEE THOMPSON c/o MASSEY and PEPPARD Attorneys at Law 3615 Bissell Avenue Richmond, California 94805 2. I desire notices to be sent to the address as set forth above. 3. The date, place and other circumstances of the occurance or transaction that give rise to this claim-are as follows: On or about April 6, 1972 at the Food Farm Market, 10700 San Pablo Avenue, El Cerrito, California. 4. A general description of the damages incurred so far as it is now known is as follows; MARSHALL HARROLD E. WIGFIELD, of the Municipal Court of the Richmond Judicial District with great force so as to cause bodily harm unlawfully arrested claimant so as to cause her great emotional distress , physical discomfort and illness. A copy of the bill for the medical expenses incurred to date is attached hereto and incorporated herein. 5. The name of the public employee causing the damage oo claimant is HARROLD E. WIGFIEED. FiLED 22. 1972 .a- W. T. PARS:N CiANRK BOARD OF SUPERVISORS TRA COSjA C0� my c4puW e :, - - ... 6 The amouat claimed as ;of the date of preSentat�;on of . chis ,claim is $5.,000. 00 including general and > , - specal damages. . G M .1ti, .� 1 _ 1 y t `X"a .ys '3" y '� ... y 4 r .n.4 k 7�i i ,x t zi x4 �s`� f Dated: .May. , 1972 r � �fi ��." - : ` t •ti s . y r C' t+ p`^t r-' _ MELLONEE THOMPSON 1 , .i . �r 1 n_, -.... ... .. , ,- r I y _ } t X r r } ...4 kt �, " `� f '` X 1. '�.r: rid:`, -:!Fm+ X. �. �!M1Ts fk q _ C 1 'fi y T.- f .yr 11�e i F P `` " _ _ �{� c_- L _ r- Y. 4 x y Y t i 'S r y. y.+ 9 - y..y "J Je J - h i. 1 i. f n r r a � y: 1 c a t c Ci y A S 3 r➢ r'-ix- r�'M x y v 3 fid^ 'C '.� T �.#'$ ,1 F' �'it'F! -I i . l 'S p('J', S' I "4, r . k.,. i 14. .,,. _ �- t Z - > 'Y S ; .. 5. L} b x .' -- i:; t i, x Y \k } n', y �- t gt h a C r 4 :, r a i > �j �i.�_ _ 4 cx r k `i - 4 -' 1•+'�, 5 , 2 .l 4' t f �r .- � m .. .. ,_ n x s ' a ,+" :. ..r L ` BROOKSIDE HOSPITAL y i A i hil It i WEST CONTRA COSTA HOSPITAL DISTRICT PATIENT NAME TL:r)M PS ON M EL LO NE E Y _ 2000 VALROAD • SAN PABLC,CALIFORNIA • (415)235-7000 PATIE1IT NUMBER10 1. 430 I ADIOLOGISTS: PATHOLUGISTS: DOCTOR 61615 A G. R. MEN CKY, M.D. - - -OYO E. SPA'IN' 1.1.0. M. M. LAPP, M 0, JOSEPH 0. SABELLA,M.D. 1 ,THEM KNUf.3ON, M.C. R.W. JANG. M.D. JOHN G. PO PPIN GO, At.O. PAGE NO. ADIOTHERAPIST: MARTIN NISSEL. M.O. am" J. TIRES TONE,M.O. ALAN ROSENBERG. M.O. AOM1TTED OtSCHARCED I BILLING AT MO. DAY TR, TIME MO. DAY YR. TIME MO. DAY I YR MAIL TO U 1 U o A J THOMPSON Chs_ 1065 CONTRA COSTA OR `PLEASE WRITE PATIENT NOON ALL CORRESPONDENCE AND PAYMENTS I EL CL-RRI TO CA 94gS0 TELER"ENO. I { PLAN CODE POLICY NUMBER GROUP NO. INSURANCE tN/ORMATION 7 IST IMPORTANT: INSUPANCE COVERAGE 2ND IS OUR ESTIMATE AND NOT FINAL i s OATS ESTIMATED INSURANCE COVERAGE ,PAYABLE BY 1 DESCRIPTION O[CHARGE TOTAL CHARGES PATIENT d0. DAY - 13T 2NO G4j6 RUF FEE 90.51,0 s L2 ;n0 ;n0 _ � 12PO 0% 8 EMERGENCY ROOM 12:150 :00 12 ',5 0 1 .140 +QO �04ic3 XRAY FOREARM 73090 '40 0498 XRAY NANU 73130 15.;40 100 r I 151,40 0406XidAY TITCH CALL 4905 6„15 1{00 , '- 6115 ULPARTHENT 5USTOTALS -11 0,t4, 31 24 .50 I I t X-R4Y IS 36 ,95It t - t t , t 1 � , , 1 , 1 i t 1 , , 1 1 t 1 , 1 1 , 1 1 , YOUR INSURANCE WAS BILLED TODAY j t 1 , 1 t t 1 I t DEDUCTIBLE ; ROOKSIDE HOSPITAL—A NON-PROFIT ORGANIZATION TOTALS s 61 '45 Is "00 s 10 s 61 45 lM NO. 544.125 IREv. 1/111 IRS NO. 94-500314OW y 1 .1 - I Z.til ... N mD m R r iq °o Or „. I Z m Sk -p A � � - tII O m 3 f" 3 r y. Cl N t-A _♦ r K tt, co a o N 0 ct SU K th Q O < t-h to CD G,c l � BKUUKSIL)t Hum,I I AL %064 11 4., "Oil YfC5T CONTRA COSTA HO•.PPATIENT NAME 1'• ITAL IIINTRICT .. VIM PS ON M EL LONE E Y •\ 2000 VALE ROAD • SAN PADs_O, CALIFORNIA•, PATlcwr HUMMER (415)235-7000 ' �4 3 0 OTOLOGISTS: PATHOLLPGIST Dotron 31615 •a. A. NYNC RY. M.O. 1110 C. SPAITH, R/,0. M. M. LA.P. M O. JOSEPH D. IAIICLLA, M.O. - 'N[e RwuL'ION. ".Co. A.W. JANa. ....0, JOHN o. POPPINaO. M.O. PAGE NO. 1 OIOTHERAPIST: MARTIN HIls(L. M.D. HARVEY J. r11tESTONE,M.D. ALAN ROSENBENa. M.O. AO...ITTT.n DISCHARGED MO. DAT •P, T14C MO. OAY ♦R. TIM[ M,.. OAS Ys MAIL TO Ij fI If Lt le up U A J THOMPSON COS. 1065 CONTRA COSTA OR .PLCASt WRITE PATIENT NO. ON ALL CORRESPONDENCE AND PAYMENT! 1 EL C LH R 1 TO CA 945.3() TELEPHONE NO. 1 I INlURANtt INFORMATION PLAN COD( POLICY NUMBER aROUP NO. IST IMPORTANT: INC INSUPANCE COVERAGE IS OUR ESTIMATE I AND NOT/tItAL ' t OAT( - ESTIMATED INSURANCE COVERAGE PAYASL[ 37 DESCRIPTION OP CHARGE TOTAL CHARGES O. DAY 1ST 2N0 PATIENT 0.1 6 -'RUF FEE 9U510 ' 12.;00 ' �U'U 1 ';- � ' 't3 1IEI:GENCY ROOM 50 i 00 U•� ' 50 1 0'rt %3 X14AY FUNGANM 73090 15.�40 151'40 J408 �' 1 . XI.;• ,: � ` 15, 40 40ti XUAY TECH CALL 99065 60115 Ilou 6 ' 15 UEPAHTNkNT 5U870T11LSDeNes, 24 .50 X-RAY • 36 .75 � I � j �L•RtS•i � 1 1 I ! t It r`3'r t • i 1 rI� 1 _ t t 1 1 j1 tY L•�11/1 t • � 1 1�yC{'��.5�j��� I YOUR INSURANCE NAS BILLED TODAY r:• ". t I I 1 I 1 �• 1 DEDUCTIBLE r6> ' IROOKSIOE HOSPITAL.—A NONPROFIT ORGANIZATION TOTALSA 1 t 1M NO. 944.1:6 IREv. ItIII IRs NO. 0L000DIAI11 G 1�45 500 ' _ �0 ' 1 4 KKUUh51Uk: HUbF1 1 AL W CIT CONTRA COSTA 110•II•ITAL DISTRICT PATIENT NAME T"IM PS ON K EL LO NE E Y , 2000 VALE ROAD SAN PA©LO.CALIFORNIA i '(415)235-7000 PATIC04T NUMRER ,, . 1 010LOGISTS:. PATH0L:vGI5T DocroR W 1015 A*. P. NCNCIIY. $A.0. - � SMITH, M.O. M. M. LAPP, M O. J01CPN O. 3ARCI.LA.M.O. i 'NCR It NU1.10N. M.11`. R. W. JANE, 1.4.0. JON" O. /DPP/NGO, M.O. PAGE NO. OIOTHERAPIST: MANTIN wTSatL, M.D. NARwEY J. FIRESTONE.M.o- ALAN IIOSENR(RG. M.O. O."MIT1Cn Wnt..AP:Ep RI LING DATE MO. nAY I •P. TIMr MO. O.Y I YR. TIM M0_ 01- I T. MAIL TO 1)41 U O ,! U If4l U A J WOMPSON CNS' 1 U 65 CONTRA COSTA OR .PL[ASC WRIT[ PATIENT 40. 014 ALL CORR(SPONO[NC[AND PAYAI[NTS f EL C L A H 1 To C A 94%30 TELEPHONE NO. f_f i 11 PLAN COOL POLICY NUM.CR GROUP NO. I INSURANC[ IN►ORMATION 1.T I IMPORTANT: 1 INSUPANCE COVERAGE 2w0 13 OUR ESTIMATE ANO NOT►INAL • 1 ESTIMATED INSURANCE COVERAGC OAT( ►AY A.LC .Y • D[SCRIPTI(JN OV CNAROt TOTAL CHARGES PATIENT ' O. DAY tST 2ND 1 '•11i� )RUF FEE 96510 ' 12 .;u0 ' {UU I J 8, -URGENCY ROOM 12 .1150 4100 t��';a{ ;:':JJ: 17 ;• 0 )AU KAY FOREARM 73090 15.14 0 +00 q-' 15fA0 .14913 XRAY HAND 73130 15.140 00 Ick t;E sc? 15140 -lob XNAY TL"'CH CALL 99065 G_ 115 j0U �;�'�% �;;:r;% b f OLPANTIiENT SUBTOTALS 01 N 1 J, - 24 ,50 - X-RAY 4150 X-RAY " 36 .95 t 1 1 +CJ• r.�'Tf � 00 • 1 t L t 1 1• 1 �- �,1 t r t 1 t • 1 1 1.Y:r.•j t I _ i i •���•f i - s � 1 1 YOUR INSURANCE ,.' ' 1 1 1 VAS BILLED TODAY r 1 t 1 . 1 1 � 1 t1 i �• f• �� 1 t 1 1 DEDUCTIBLE 1 I 1 hOOKSHM HOSPITAL.—A NON-PROPIT ORGANIZATION TOTALS loo S lout $ b t 5 +M No. $44.120 IR[V. stilt IRS NO. 94-60031411W V F�• I II IiKVVK51Uth UbF1IAL WEST CONTRA COITA 1101PITAL DISTRICT .� PATIENT NAME 71:')MPS ON 1i U LO NE E Y 2000 VALE ROAD • SAN PA©LO, CALIFORNIA f OTOLOGISTS: P♦ (415)235-7000 PATHOI.L+GIST .,c.:T ND111su 104 3 J • •O. R, NCMGIIY. M.o• DOCTOR -BYO C. SMITH. 111.0. M. 111. LAnn, M O. JOIE►N D. 'TAR►LLA, M.D. •I 1 =R [NULOM. M.O. R. W. JANG. M.O. JOIN G. POPPINGO. M.O. PAGE NO. 'OIOTHERAPIST: MARTIN NIlSEL. M.D. NANNEY J. PIRESTONt.M.D. ALAN ROSEN.t RG. M.O. ADrmr vrO DI!ICIIAPG CD RI LIN MO. OAY 1. TIUC MO. DAY YR. TIME MD- DAY To MAIL TO t/'1 U 0 IF'dull U A J THOMPSON r CH5- 1065 CONTRA COSTA DR APLEASC WRITE PATIENT NO. 000 ALL CORMCSPONDCNCC AND PAYME/1TS EL CLHHI TO CA 94;30 TELEPHONE NO. INSURARCC INPORMATION PLAN CODE POLICY NUMOER GROUP NO. 1sr IMPORTANT: two INSUPANCE COVCRAG[ j 13 OUR ESTIMATE , ANO NOT FINAL DATE ESTIMATED INSURANCE COVCRAGC PAYABLE BY O[lCRIPTION O►CHARGE TOTAL CHARGES O. OAT � IST 2nD PATIENT ^•1 )d )uuF FL•E yU510 ' aZ.;00 ' {0a ;: 317 12,100 `_)•i � 00' ; N[ :GENCY ROOM , ,.... ._,,..... 1? � �0 � uT090 ,AO 154 a J498 XHAY HAND 7;5130 15.140 d00 Ir; %r`i�.' 15. 40 0406 X14AY T( CH CALL, 990(35 6.;15 X00 ,,; i�% '�'';:i1 6' 15 . . I)LPAHTHENT SUBTOTALS 0.N.S 24 .50 - X-RAY 4 .50 X-RAY B, 36 .95 1 1 • jull Al • � i •� v7•rJr i .. t t • i i 'GLr'-• .t���fC��} f i YOUR INSURANCE 1AS BILLED TODD ;>, I 1 t dEDUCTIpLE C), � 'ROOKSIDE HOSPITAL-A NON-PROFIT ORGANIZATION TOTALf 0 0 !0 6 b 1 ,5 ll M N0. 944.115 IREv. 11711 IR! No. 84.0001114501 1 t CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: CHESTER MANNING, as Guardian of KEITH , a minor Address : 94000 Granada, Oakland, California Attorney: James D. Hill, Attorney at Law, 1500 Newell Avenue, Suite 401, Walnut Creek, California 94596 Amount: $1,172,800 (as of date of presentation) Date Filed : April 12, 1972 By delivery to Clerk By mail , postmarked 4-11- 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: April 12, 1972 W. T. PAASCH, By ouret a Aincaid, 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 rec�mend referral to : ( e County ' s general insurance carrier; ( v-r Other insurance carrier; GM6rc11Z c�r'r�'/ ( ) County Counsel . DATED: ,q 147 a.. JOHN B . CLAUSEN, By � _ _v 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 May 23 , 1972 (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 24., 1972 and memo thereof filed and endorsed on claim, per Government Code Sectio 29703 . DATED: May 24., 1972 W. T. PAASCH, By �Dorot y L�arjini 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: May 24., 1972 Public Works , Byfpl, � DATED: May 24, 1972 County Counsel , By 1 •._ Z - BOARD OF SUPERVISORS,, CONTRA -COSTA COUNTY,_ .CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) CHESTER MANNING, as Guardian of ) KEITH ALDRIDGE, a minor ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: Board Order of May 23, 1972, denying above- captioned claim, together with Notice of Denial to the following: JAMES D. HILL, ATTORNEY AT LAW 1500 Newell Avenue Walnut Creek, California 94596 I declare under penalty of per jury tha-t the foregoing is true, ands correct. Dated: May 24, 1972 , at Martinez,, California . e u y er .- FI LED MAY2#1 1972 W. T. PAASCN 4-71-500 CLERK BOARD OF SUPERVISORS C RACOSTAf�O, SY Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To; CHESTER MANNING, as Guardian of KEITH ALDRIDGE, c/o JAMES D. HILL a minor ATTORNEY AT LAW 1500 Newell Avenue Walnut Creek, California 91596 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on April 12, 1972 was rejected by the Board of Supervisors of said county on May 23, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: May 24, 1972 W. T. PAASCH, CLERK By Dorothy Lazzarini bcc: Pacific Indemnity Co. Deputy Clerk Attn: Dick Nachtsheim IN THE BOA#b OF SUPERVISORS OF CONTRA COSTA Cb6N*TY, STATE OF CALIFORNIA May 23 . . _ 197 2 In the Matter of ) Claim for Damages. ) CHESTER MANP:ING, as Guardian of KEITH ALDRIDGE, a minor, 94000 Granada, Oakland, California, by and through James D. Hill, Attorney at Law, 1500 Newell Avenue, Suite 401, Walnut Creek, California having filed with this Board on April 12 197-2—, claim for damages in the amount of $ 1,172,800 (computed as of date o�f presentation of claim) ; NOW, THEREFORE, on motion of Supervisor J. E. Moriarty , seconded by Supervisor W. N. Boggess , 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. F. Kenny, A. M. Dias, J. E. Moriarty, W1. N. Boggess, E. A. Linscheid.. 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 23 r=day of May , 1972 . W. T. PAASCH, CLERK _ Byiez, 406igyp',azzarmi Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broateh County Counsel Counter Administrator Probation CERTIFIED MAI • RETURN RECEIPT REQUESTED 1 JAMES D. HILL TILED Attorney at Law 2 1500 Newell Avenue, Suite 401 APR /x-1972 Walnut Creek, California 94596 3 Telephone: (415) 937-3620 W. T. PAASCH CLERK BOARD OF SUPERVISORS r�� CON TA CO 4 By cC�C�°Scu,r „�, 5 Attorney for Claimant 6 7 Claim of ) 8 CHESTER MANNING, as Guardian of ) KEITH ALDRIDGE, a minor, ) 9 1 ) VS. Claimant, } CLAIM FOR DAMAGES FOR 10 ) PROBATION DEPARTMENT OF CONTRA ) WRONGFUL DEATH 11 COSTA COUNTY, COUNTY OF CONTRA ) COSTA, CALIFORNIA DEPARTMENT ) 12 OF CORRECTIONS, and THE STATE ) OF CALIFORNIA. ) 13 ) ) 14 15 TO, THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA 16 COSTA and THE STATE BOARD OF CONTROL: 17 YOU AND EACH OF YOU, ARE HEREBY NOTIFIED that in com- 18 pliance with Section 910 of the Government Code, CHESTER MANNING, 19 as Guardian for KEITH ALDRIDGE, a minor, whose address is 94000 20 Granada, Oakland, California, claims damages from the PROBATION 21 DEPARTMENT OF CONTRA COSTA COUNTY, COUNTY OF CONTRA COSTA, 22 CALIFORNIA DEPARTMENT OF CORRECTIONS and THE STATE OF CALIFORNIA, 23 in the amount computed as of the date of presentation of this 24 claim of $1,172,800.00. 25 This claim is based upon injuries and damages received 26 by Claimant's decedent JOYCE JONES , the mother of KEITH ALDRIDGE 27 on or about January 6 , 1972, when said decedent was murdered by 28 PETER EDWARD JONES , whose probation was not revoked even though 29 it was violated and the life of JOYCE JONES was in grave danger H0 as a result of threats and attacks on said JOYCE JONES by PETER 31 EDWARD JONES, all of which facts were known to each entity from 32 whom damages are claimed. _ 1 _ f I The name of one of the employees responsible for the: 2 death of JOYCE JONES is ROBERT COLEMAN; the names of other 3 employees responsible are unknown to Claimant at this time. 4 The amount of the claim as of .this date of presentation 5 is computed as follows: 6 DAMAGES INCURRED TO DATE: 7 Medical Care NONE $ Wage Loss NONE 9 General Damage $1,000,,000 00 10 ESTIMATED PROSPECTIVE DAMAGES: 11 Medical Care NONE 12 Wage Loss $172,800.00 13 Total amount of this claim as of this date _$1,172,800 14 15 All notices should be sent to-JAMES D.:: HILL, 150.0 Newell 16 Avenue, Walnut ,Creek, California 94596. 17 DATED: April 11, 1972 18 JAMES D. - HILL 19 20 . At o ey for C aim nt. 21 - 22 23 24 25 26 27 2$ 29 30 31 32 2 - A MES D. HILL ATTO R N EY AT LAW SECURITY NATIONAL BANK,BUILDING `1500 NEWELL AVENUE,SUITE 401 CEZ,IVBD WflLf1UT CRffK,CflLIfOQIIIfl 94596��/ 141S),937-3620 PR v 1972 W, T. PAASCH CVRAK 90tH wPT GO RRV18011� By . Deputy April 11, 1972 Clerk, Board of Supervisors contra Costa County Martinez, California 94553 RE: CHESTER MANNING, as 'Guardian of KEITH ALDRIDGE vs CONTRA COSTA COUNTY, et al Gentlemen: Enclosed herewith please find the original arid one, copy of the Claim for Damages for Wrongful Death in, the above mentioned matter. Please endorse-stamp the copy and return to this office in the enclosed reply envelope. Very truly yours , AlAt J D. HILL JDH:kn_ g Encl: CERTIFIED MAIL RETURN RECEIPT REQUESTED C y G O 9 Z m qa O 070 r Q. W d C-1 9S ' �;A LI-i �! N 0 0 t, SOA , C� tom,,. '� 2 rh O to O r� o - t31 to W 0 a �4f ✓�f ,�'1 lr 1^ b a r• .. 7 •t � y IV CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: DIA10 CLAGUE Address : 2206 Shasta Drive, Martinez, California Attorney: Amount : Tvio estimates: $344.68 — $446.88 Date Filed : May 3 , 1972 By delivery to Clerk by 1IX $ cTaunant 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 ,�,ections 0 and 910.2? DATED: May 3 , 1972 W . T. PAASCH, By o�y La arini 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 recqXmend referral to: { County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: 17�_ JOHN B . CLAUSEN, By D ut 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 May 16, 1972 (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. 1 1972 , and_ memo thereof filed and endorsed on claim, per Government Co a Section 9703 . DATED : May 17, 1972 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 : May 17, 1972 Public Works , By DATED: May 17, 1972 County Counsel , By �" ` BOARD OF sumvISORS, CONTRA-,`COSTA COUNTY,•CALIFORNIA`. AFFIDAVIT OF MAILING In the Matter of Claim for } Damages: ) DIANE CLAGUE, CLAIMANT } } I declare under, penalty of perjury that I am now., and at all times herein mentioned have been., a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, osta a fully i` prepaid, a certified copy of Board*s order of May lbp, 19'{x, denying above—captioned claim, together with copy of "Notice. of Denial" of same to the followings Ms. Diane 'Clague 2206 Shasta Drive Martinez, California 94553 I declare under penalty of perjury that the -foregoing 'is true tend. correct. Da ted: - May-17, 197?,, , at Martinez, California . G Dorothy La Deputy Clerk I L E MAY 17� 1972 W. T. PAASCH CLERK BO"D OF SUPERVISORS ,).� A COSTA CO. 4-71-500 BY .ris Osputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: 2206�Shasta iane Clague Martine$j, California 94553 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on May 3, 1972 Was rejected by the Board of Supervisors of said county on May 16, 1972 • WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: May 179 1972 W. T. PAASCH, CLERK By orot y zzarini Deputy Clerk bcc: Pacific Indemnity Co. Attn: Mr. Dick Nachtsheim IN THE BOARI? OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA - Mair 16 , 19?,-2 In the Matter of ) Claim for Damages. Diane Claguej, 2206 Shasta Drives Martiness California having filed with this Board on May 3 , 197 2 , claim for damages in the amount of $ 344.68 — 8446.88 (two estimates) NOW, THEREFORE, on motion of Supervisor J. P. Kenny , 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: Supervisors J. P. Kenny# J. Be Moriarty, W. N. Boggess,- 8.- A. Linscheid. NOES: None. ABSENT: Supervisor A. M. Di"o 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 loth day of r X 197-2.--- W. 9?-2.--.W. T. PAASCH, CLERK By� Dorothy,f La$$ Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel n; County Administrator I TO: Contra Costa Caunty Department of Public Works Martinez, California FILED MAY 1972 CLAIM AGAINST COUNTY OF CONTRA C0STA - W. T. PAA/CN (Government Codeq Seca 910) cLsor►ao OP 1kkPr¢@kV1M t '7 coH fi DATE s GENTLEMENs The undersigned hereby presents the tolloeAng claim against the County of Contra Costa: to Date oP accident or occurrences 2. Name and address of claimant: 3. Description and place of the ccidsnt or occurrences 4. Names of County employees involved, and tyaep make h number of 94uipment If known: Y S. Describe the kind aged value of. damage and attach estimstess C.e_011� Ae. 10 ac- Signature N° 0,1561 -p` CONTRACT HARRY'S BODY SHOP 0 ESTIMATE 1263-A MONUMENT BLVD. TELEPHONE 685-3442 CONCORD, CALIFORNIA 94520 ESTIMATE OF REPAIRS AS LISTED FOR LABOR AND MATERIALS—VERBAL AGRFRMOM NOT WMW— ESTIMTES FREE Owner Dote Address Phone Est. No. Insurance Co. Order No. License Address Phone Number r Year "� Motor Serial Ma Model Mileage No. No. _ 4& QUAN. DESCRIPTION OF LABOR OR MATERIAL PART NO. MATERIAL BOR L . 2 J�z 720 -,7 3i Z ao � 2jLzf2 !-� - p ' - CQ i 04 itz `6 PARTS PRICES BASED ON STANDARD CATALOGUE PROCUREMENT PRICE LISTS SUBJECT TO CHANGE WITHOUT NOTICE_ TOTAL PROCUREMENT-AND DELIVERY CHARGES MAY BE ADDED FOR SPECIAL SERVICE ON ITEMS NOT AVAILABLE LOCALLY. MATERIAL Old polls removed from cars will be junked unless otherwise instructed in siting. TOTAL LABOR The above is on estimate based on our ins action and does not cover odd,bonol parts or labor which may be required oiler TOTAL MATERIAL 4 the work hos been opened up. OccosionalPy aher work has storied worn ports ore discovered which ore not evident on first inspection. Because of this the above prices ore not guaranteed. Estimate TAX T'f Estimated By Approved By L AUTHORIZED AND ACCEPTED PAID OUT-TOW a STORAGE Date SUBLET REPAIRS w AgentOwner TOTAL t - c JIM MALT8IE Q 444 Sm4 TELEPHONE 689-6117 ALIGN RITE FRAME 1548 GALINDO STREET - CONCORD, CALIFORNIA 94520 • Date 19 MAK e!ELO oacA111ESS - Y Make !�g Year__ 4 Serial No. � r. ) ?��X�� bdY StYia_ it /✓ Stvie NO. Mileage License No,7 �Paint No. Trim No. Insurance CO RCPAiR"'PLACEESTIMATE OF REPAIR COSTS LABOR HAS. PARTS SUBLET t 04 I t t o0 A (iF i Al 4L Ago TOTAL REMARKS: v HRS. OF LABOR"1.S ER MR.S TTII A G 1 Oct yet �U PARTS S Y Q r -PAINT MATERIALS $ s IN RANCE 0EDUCTI L . - C) SUBLET V BY: �' ZJ � SALES TAX / THIS ESTI ATE IS BASED ON OUR INSPECTION AND DOES NOT COVER ADDITIONAL PARTS OR L---'X ABOR C. MAY BE REQUIRED AFTER THE WORK NAS BEEN STARTED. AFTER TH[ WORK HA STARTED. WORN OR DAMAGED PARTS WHICH ARE NOT EVIDENT ON FIRST IN- ESTIMATE TOTAL S 3PECTION MAY BE DISCOVERED. NATURALLY. THIS ESTIMATE CANNOT COVER SUCH CONTINGENCIES. PARTS PRICES SUBJECT TO CHANGE WITHOUT NOTICE. THIS ESTIMATE ADVANCE CHARGES S i3 FDw✓IMMEDIATE ACCEPTANCE. THIS WORK. AUTHORIZED BY GRAND TOTAL S of r CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : KAISER SAND & GRAVEL Address : Ordway Building, Kaiser Center, 300 Lakeside Drive Oakland, California 94604 &�f �X Attn: Joan D. King — Insurance Department Amount: ZXXXXU0U0M $244.47 Date Filed : May 3 , 1972 By delivery to Clerk via bu Tic 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 0 and 910 .2? DATED: May 4, 1972 W. T. PAASCH, By Dor zat� 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 recom nd 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 May 16 2 (copy of Board Order also attached ) . Please forward tis claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on Mayes, 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED : May 17, 1972 W . T. PAASCH, By aloro Deputy IU . 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 : May 17, 1972 Public Works , DATED : May 17, 1972 County Counsel , By �i�,, �2�� ,� BOARD OF SUPERVISORS, CONTRA COSTA COUNTY., CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) KAISER SAND & GRAVEL, ) Claimant ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of Boards order of May 16, 197-2, denying above-captioned claim, together with copy of "Notice of Denial" of same to the following: KAISER SAND & GRAVEL Ordway Building, Kaiser Center 300 Lakeside Drive Oakland, California 91604 Attention: Ms. Joan D. King - Insurance Department I declare under penalty of perjury that the foregoing is true and correct. Dated: May 17, 1972 , at Martinez, California. Dorothy�Lazzarini Deputy clerrc F I LED M`y 17,1972 4-71-500 W. T, PAASCH CLERK BO AD OP SUPERVISORS C RA COSTA 90. By Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: KAISER SAND & GRAVEL Ordway Building, Kaiser Center 300 Lakeside Drive Oakland, California 94601 Attention Ms. Joan D. King — Insurance Department NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on Map 1. 1972 was rejected by the Board of Supervisors of said county on May 16, 1972 • WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: May 17, 1972 W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk bcc: Pacific Indemnity Co. Attn: Mr. Dick Nachtsheim IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA _May 16- In 6 In the Matter of ) Claim for Damages. ) } ) KAi ner Send $ Gravel - XAJ mer C..6nter_ 300 Lakaxl dii-W J oa_ Oaklands California having filed with this Board on , 197_Z_, claim for damages in the amount of $ 2U.V ; NOW, THEREFORE, on motion of Supervisor J. P Kamp , seconded by Supervisor J. E. MnriartX , 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, J. B. Koriartys W. N. Boggess, Be A. Linscheid. NOES: None. ABSENT: Supervisor A. M. Dias, 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 thi s 16th day of , 197-&-- W. 972 .W. T. PAAS CH, CLERK ' By CC,. Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator -7i- z6P KA/SER SANL7 & GRAVEL ORDWAY BUILDING, KAISER CENTER, 900 LAKESIDE DRIVE, OAKLAND,CALIFORNIA 04604 - TELEPHONEt 271-2271 - D So May 1, 1972 plj MAY 3 D wank 192 S OfpARTMFNT Public Works Department of Contra Costa County Vehicle Claims Department 1801 Shell Avenue FILED Martinez, California MAY 3) 1972 VEHICLE ACCIDENT OF APRIL 19, 1972 YOUR DRIVER: CHARLES W. HAMILTON W. T. PAASCH CLERK go.RD OF SUPERVISORS OUR DRIVER: ALLEN G. YERRICK RA COSTA gO-Dom OUR FILE NO: SG-72A-19 ay On the above date, your driver, Mr. Charles Hamilton, while making a U-turn on Moraga Road turned into the right rear side of our company car; apparently not seeing our vehicle until the actual impact. For your review I am attaching a copy of our driver's report of the accident and a diagram. Also attached are two estimates of repair. Based on these estimates we are submitting our claim to you in the amount of $244. 47. If you have any questions, please feel free to give me a call . Otherwise, we will be expecting to receive a check Aor $244. 7. T ank you. JOAN D. KING - INSUR N E DEPARTMENT Attach. f Lbc6+ritin Codg - KAISER Claim No. Accident Report - Motor Vehicle C Name of Koiser,Company Invvolved ) ' Plant orOfficeLocation�/ Phone No. j M `; �_ M1. 'A v c'/ '•" 1."-h'. �L 'j A Name of Driver Drivers Home Address. ' -� Home Phone Y `' Year and Make of Vehicle Company Vehicle o. `-1 Estimated Cost of Repairs E 'l / H € �j') rr 1 i y c Description of Damages s Is Vehicle still Drivable L r t 1 E L 1�,`1 � �' [ 'S(es ❑ No P Owner of Vehicle�(or property f 0 e Address Owners Phone No. R r j' , f j C . I n �5 o !r-f 1l t }i f i d !\ c 1 f• I !![: '' e-"". o S , ?I,"Q /t � F"ooV T E a Name of Driver / Operators License No. Address Phone No. _ Y OT t'i t` rF ? i P7 /! j L.�t7A 0 3� D E Description of Damage Estitn6ted Cost of Repairs / �... A S i- M A If a Vehicle, Year and Make �. License No. and State G E j.,I �C7�=tom lG 10 �r/9 Passengers i Name Address Age co-,-, oth., Ped-ui— Extent of Injuries N V.hicl. Vehale u (Check One) R Ij E s w Name Address Phone T I� _ E j S S E S Date of Accident Time A.M. Location (Indicate Road, City and State) Was Accident Reported to: (Check One) Investigating Officers Name and Badge No. 0 Highway Patrol ❑ City Police ❑ Sheriff ❑No Police Report A' L D Who was at Fault? Company Vehicle ❑ Yes [ No E Traffic Violations: S ❑ Company Driver Other Driver ❑Don't Know ,,tjr;A� Other Vehicle E] Yes [Q No C R Did Company Driver See Other Vehicle Rate of Speed When Other Vehicle First Seen s V FBefore Collision? Yes ❑ No Company Vehicle: -. Other Vehicle: ---- --� T Please Indicate which of_the following have been informed of the Accident: I 0 Q Supervisor '�❑ Company Safety Representative Company Insurance Dept. ❑ Insurance Company NDescribe How Accident Happened: 0 Accident Diagram: Indicate Position of all Vehicles, F List Street Names i , E l - zt C " C' ? T Company Vehicle #1, Other Vehicle 1:2, Etc. Date Report Submittedfk7/7Person Submitting Report FORM 625-8 White Copy to Insurance Company, Yellow to Insurance Department, Pink to Safety Department, Gold to Supervisor Y , u T r � �! a � . � x fm Ri 'E► = V S ROUGH CH VROL%CO.' B O OWAY AT 34th STREET P ONE OL 8.4700 / e, ?,.#ILANDJ CALIFO NI 4611 NAME ` Cly' DATE - ADDRESS ONE INSURED BY k6l UST b PHONE SYM FRONT LABOR LABOR PARTS SYM LEFT LABOR LABOR PARTS SYM RIGHT LABOR LABOR PAriTS AMT a,RS AMT AMT. MR$ AM7 AMT. NRS. AMT Bumper Bumper Britt. Fender, Front Fender, Front Bumper Gd. Fender. Shield Fender Shield Frt. System Fender Mldg. Fender Mldg. Frame Headlamp Headlamp Cross Member Headlamp Door Headlamp Door Stabilizer Sealed Beam Sealed Beam Wheel Cowl Cowl Hub Cap Windshield Windshield Hub d Drum Door,Front Door, Front Knuckle Knuckle Sup. Door Hinge Door Hinge Lr.Cont.Arm-Shaft Door Glass Door Glass Vent Glass Vent Glass Up.Cont. Arm-Shalt Door Mldgs. Door Mldg. Shock Door Handle Door Handle Spring Center Post Center Post Tie Rod Door Rear Door Rearjug Steering Gear Door Glass Door Q � -� a•6 Steering Wheel Door Mldg. Door Mldg. 1- Horn Ring Rocker Panel I Grovel Shield Rocker Midg. Rocker Midg. Park. Light Floor Floor Frame Frome Rad. Grille Dog leg Dog Leg Qtr. Panel Qtr. Panel Qtr.Mldg. Qtr.Mldg Qtr. Glass Qtr.Glass Name Plate i Horn Bogle, Side REAR MISC. i i Bogle,Lower Bumper Inst. Panel Baffle, Upper Bumper Brkl. Front Seat Lock Plate,Lr. Bumper Gd. I 11'ront Seat Adi. Lock Plate,Up. Gravel Shield Trim Hood Top lower Panel Headlining i Hood Hinge Floor Top Hood Midg. Trunk lid Tire % Worn fI Ornament Trunk Midg. Tube ' Rod. Sup. Trunk Hinge attery Rad.Core Tail Light Paint ®Q t Tail Pipe Undercoat Rod. Hoses Gas Tank Fan Blode Frame j Fon Belt Wheel 1 Water Pump Bock Glass ! Motor MIs. 1A.Ie GROSS PAAT7S6 + Clutch Linkage Spring O _ y Dlscouc,r NET PARTS 5 a5 fI TAX �I 6 t i KE YEAR STY ODEL MIL ,E tout unoR SER. NO. MTR. NO. LIC. NO. GRAND TOTAL i l A - Align N - New ON - Overhaul 5 - Straighten or repair Material Subject to Price Charge j. ESTIMATE - hidw/thAIR f Broadway at Twenty-Seventh Street • Phone 893-2611 f OAKLgND, CALIFORNIA 94612 I j NAME DATE f ADDRESS( PHONE NO. DEfJJ C,IC 16LE� INSURANCE CO. ~�`� PHONE NO. POLICY NUMBER ADDRESS YEAR MAKES MODEL STYLE f/_ SERIAL NUMBER MILEAGE LICENSE NUMBER r Symbol FRONT "Sublet Hns• 'Parts Symbol LEFT Sublet was. Parts S mboI RIGHT Sublet LIR HBs: Parts Bumper Fender Fender Bumper Rail Fender Ornament Fender Ornament Bumper Brkt. Fender Lamp Fender Lam Fender Shield Fender Shield Bumper Gd. Fender Mld . Fender Mld . Frt. System Headlamp Headlamp Frame Headlamp Door Headlamp Door Frame Horn Sealed Beam Sealed Beam Cowl Cowl Wheel Door, Front Door, Front Hub Cap-W/Cover Door, Lock Door, Lock Hub& Drum Door, Hinge Door, Hinge Knuckle Door Glass Door Glass Lr. Cont. Arm Shaft Door Glass Chonels Door Glass Chanels Up. Cont. Arm Shaft Vent Glass Vent Glass Shock Door Mldgs. Door Mldgs. Windshield Door Handle Door Handle Windshield Kit Center Post Center Posti Windshield Rev.Mld Door, Rear /l,+ Door, Reark'., Tie Rod Door Glass Door Steering Door Mld . Door Midg. Steering Wheel Rocker Panel Rocker Mld . Rocker Mld . Gravel Shield Sill Plate Sill Plate Park Light Floor Floor Grille Frame Frame Grille Brkt. Quar. Panel .✓ Quar. Panel i Grille PoneI Upper Quar. Panel Inner Quar. Panel Inner Grille Panel Lower Quar. Mldg. Aj Quar.Midg. r Quar. Glass Quar.Glass( Quar. Ext. Quar. Ext. Radio Antenna Quar.Side Lamp Quar.Side Lam Battery REAR MISC. Mirror Bumper Inst. Panel Horn Bumper Rail Front Seat Lock Plate, Lr. Bumper Brkt. Front Seat Adj. Lock Plate, Up. Bumper Guard Trim Hood Top Lower Panel To Hood Hinge Lower Panel Mldg. Top Midg. Hood Mldg. Floor Tire Hood Letters Trunk Lid Trunk Lock f Paint Y 1, a Radiator Support Trunk Midg. Radiator Core Trunk, W/S Radiator Shroud Tail Li ht LABOR / 5 HRS_ $ Radiator Hoses Tail Pipe GROSS PARTS Sf Gas Tank Fan Blade Gas Tank Door DISC. f % ;E $ Fan Clutch Frame SUBLET $ r {' t Fan Belt Wheel TAX S Water Pum Nub C -W/COV r :2 - S Motor Mounts Back Up Ight TOW-STORAGE S Transmission Mts. Wheel Shield TOTAL $h `t t A-Align N-New OH-Overhoul S-Straighten or Repair EX-Exchange RC-Rechrome U-Used f This estimate is based on lowest possible cost consistent with quality work, and as such, is guaranteed. Items not covered by this estimate or hidden will be additional. 98-4126 NORICK OKLAHOMA CITY CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: PACIFIC GAS & ELECTRIC COMPANY Address : 244 — 10th Street, Richmond, CA 94801 Attorney: Amount: $486.69 Date Filed : April 27, 1972 By delivery to Clerk via Public TAlorks 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 4ftor`oo7t&L4a*z SSecti ns 9 and"910 . 2? DATED: April 27, 1972 W. T. PAASCH, Byini Deputy II . FROM: County Counsel ' s Office TO: Clerk of Board of Supervisors r/ 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 : ( s­'Y'County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: Mat, , /f-7�)L JOHN B . CLAUSEN, By De ut 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 May 9 1972 (copy of, Board Order also attached ) . P ease forward this claim to. the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on May Ill 1972 and memo thereof filed and endorsed on claim, per Government Code- Section 2 DATED: May 11, 1972 W. T. PAASCH, By Deanna Petrie Deputy IV . FROM: (1 ) Public Works Department (2 ) County Counsel ' s Office T0 : Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III . DATED: May 11, 1972 Public Works , By DATED : May 11, 3.972 County Counsel , By BOARD' OF SUPERVISORS,. CONTRA COSTA COUNTY- CALIFORNIA. AFFIDAVIT OF MAILING In the Metter' of Claim for ) Damages : ) PACIFIC GAS & ELECTRIC COMPANY, ) CLAIMANT ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of Board's order of May 9, 1972, denying claim of PACIFIC GAS & ELECTRIC COMPANY, together with "Notice of Denial" of said claim to the following: PACIFIC GAS & ELECTRIC COMPANY 244 Tenth Street Richmond, California 94801 Attention: Mr. J.G. Carvalho, Customer Services Supervisor I declare under penalty of -perjury -that the foregoing is true .and correct. Dated: Nay 11, 1972 , at Martinez, California. epu y ler FILEDAl 1972 !,-71-500 W. T. PAASCH CLERK BOARD OF SUPERVISORS CONTRA TA CO. BY _ Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Roam 103 . P. 0. Box 911 Martinez, California To: PACIFIC GAS & ELECTRIC COMP'AAlY 244 Tenth Street Richmond, California 94801 Attentions Mr. J.G. Carvalho, Customer Services supervisor NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on April 27. 1972 was rejected by the Board of Supervisors of said county on May 9, 1972 WARNING Subject to certain exceptions, you have only six (6) months- from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: May 11, 1972 W. T. PAASCH, CLERK By ccs Countyts Insurance Carrier DeannyNri IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA May 9 ---.jo- 1972 In the Matter of ) Claim for Damages. ) Pacific Gas & Electric Company, 244 Tenth Street,-Richmond, California 94.801 (Attention: Mr. J.G. Carvalho, Customer Services . Supervisor) having filed with this Board on April 27 , 1972 , claim for damages in the amount of $ 486.69 ; NOW, THEREFORE, on motion of Supervisor J. P. Kenny , seconded by Supervisor W. N. Boggess , IT IS BY THE BOARD ORDERED that said claim is hereby DENIED. The foregoing order was passed by the following vote of the Board: Supervisors J. P. Kenny, J. E. Moriarty, AYES. W. N. Boggess, E. A. L3nscheid. NOES: None, ABSENT: Supervisor A. M. Dias. 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 B$tgd of Supervors affixed thi s2 day of T , 19? W. T. PAASCH, CLERK r By Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator M.S. C110CKER CO.. IMC. IA 103 K WRiTE`'IT!. _ .DONT - Y IT! TO Q. Lazzari ni . Board of Supervi sM 4/26/72 FROM S. Besinaiz, Public WorkSUBJECT Claim P.G.SE Attached is a claim for $486.69 submitted by P.G.BE. and copies of correspondence regarding this claim. As this claim is more than $200, please process It through your office. SIGNED PLEASE.REPLY HERE TO DATE- RECEIVER Z, Z-7 12',-112 W. T. PAASCH CLE BOARD OF SUPERVISORS CO S A O. By -" Deputy SIGNED INSTRUCTIONS — FILL IN TOP PORTION. REMOVE DUPLICATE (YELLOWY AND FOR- WARD REMAINING PARTS WITH CARBONS. TO REPLY. FILL IN LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE (PINK) AND RETURN ORIGINAL. roRM MI03 D 10% Contra Coate County �a Department of Public Works Martinez, Californiaw0RS �fPgRT R CLAIM AGAINST COUNTY OF CONTRA .COSTA M�rNT (Government Codes, Sec. 910) DATE: April 25, 1972 GENTLEMEN: The undersigned hereby presents the following claim against the County of Contra Coats: to Date of accident or occurrences February 17, 1972 2e Name and address of claimant: Pacific Gas & Electric Company, . 244 - 10th Street, Richmond, CA. -94801 3, Description and place of the accident or occurrences While installing a storm drain excavator broke 1/2 inch gas service to 3912 San Pablo Dam Road, El Sobrante, California. 4. Names of County employees involved, and type, make & number of equipment if known: Don Donally operating a 500 John Deer backhoe. 5. Describe the kind and value of damage and attach estimates: See attached invoice. F I L E D t?,1972 W. T. PAASCN CLERK BOARD OF SUPERVISORS qq CO TRA OSjA CSO. _ By C /Ja Deputy M I N V 0 1 C E 61.6543 15M 3•y8 .. - ]PACIFIC PAS AND ELECTRIC PONWANY r OFFICERlchmornd Richmond Crane Co. DIVISION EB 671 El Centra Rd. DATE- 1/19/72 El Sobrante, CA O a C NO. 2y00277 E AUDIT NO. X2336 L ROUTE AND ACCT.NO. CJ 2055 AMOUNTS 486.69 DETACH AND MAIL WITH PAYMENT J72 3075.-B2 PURCHASE ORDER No. DESCRIPTION DETAIL AMOUNT Repair company facilities damaged in accident on 2/17/72 at 3912 San Pablo Dam Rd., E1 Sobrante, Labor Expense X02.50 Transp. Expense 25.50 Material Expense 58 69 186.69 INVOICE 3Y• PACIFIC GAS AND ELECTRIC CO. MAY BE PAID AT ANY P.G.3 E.OFFICE OR AUTHORIZED PAY SCATION - RECEIVED PAYMENT DATE PAID PAID 19-CHECK NO. AMOUNT - FOR THE COMPANY. - Apri 1 21`, 1972 Our Fl le: #71-264 P. G. d E. D/L: 2/17/72 Mr. John ljohm. n Chubb/Pacific Indemnity 4341 Piedmont Avenue Oakland, California 94611 Dear Mr. Bohman: The following information was, requested in your, letter of April 17, 1972 regarding the subject claim of P. G. & E. for alleged damage to their gas service at 3912 San Pablo Dam Road: . Damage caused by: Donnelly Trucking & Excavating #7 Doolin Court San Pablo, California 948.06 Subcontractor of: Richmond Crane Service 671 El Centro Road El Sob ranee, California 94803 Richmond Crane Service has a certificate of liability insurance with limits of $250,000/ 500,000/ 50,000 on file In our office. The insurer of record is 'elan l ass Insurance Agency, Inc. Contra Costa County supervises "Informal" contracts limited to the direction of the Maintenance Engineer of Contra Costa County. Very truly yours, VICTOR W. SAUER Public Works Director By R. D. 8roatch Deputy Public Works Director RDB:RD:sgb f CHUDWPACEFiC INDEM NITYoriOUP 4341'Pi'6dmoAvenue, Oakland. Calif. 94611 • Phone: (415) 652-8820 iJt� PUD)IC tNORK3 DEPART-',hE-'T April 18, 1972 Contra Costa County Public Works Department 6th Floor, Administration Building Martinez, Calif. 94553 Attn. Mr. R. D. Broatch, Deputy Public Works Director Re: Insured: Contra Costa County Policy No. 62*01 12 27 D/Loss: 2/17/72 Claimant: P. G. & E. Dear Mr. Broatch: On April 3, 1972, you forwarded the claim of P. G. & E. , claiming that on February 17, 1972 their gas lines were damaged at 3912 San Pablo Dam Road, El Sobrante, by the Richmond Crane Company, who were supposedly in the County ' s employ. In order to determine the County ' s responsibility we would appreciate being advised as to whether there was a standard contract requiring the sub-contractor to indemnify the County from any losses arising from the contractor' s negli- gence. We would also appreciate whether the County ' s Department of Public Works was supervising the activities of the Richmond Crane Company. Your assistance in this matter will be appreciated. Very truly yours, CHUBB/PACIFIC INDEMNITY GROUP XBobnohman JB/ei' CHUBB CORPORATION COMPANIES: Chubb&Son Inc. • Federal insurance Company Pacific Indemnity Company �- Colonial Life Insurance Company of America*Vigilant Insurance Company-Great Northern Insurance Company*Northwestern b., Pacific Indemnity Company*Texas Pacific Indemnity Company•Federal Business Products,Inc.•Macro Services Corporation. Aprii, 3, 1972 Mr. J. G. Ca rva 1 ho Customer Services Supervisor P. G. & E. 244 Tenth Street Richmond, California 94801 Dear Mr. Carvalho: We are in receipt of your letter of March 29, 1972 regarding the allegc3d damaged to your gas service located at 3912 San Pablo' Dam Road, EI Sobrante, by the Richmond Crane Service. If you determine that your claim for the cost of repairs is over $2000 it should bo submitted to the Board of Supervisors for a Board Order and referral to our general Insurance carrier. If your claim is under $200, you may fill out the enclosed claim form which may then be processed directly through our department for referral . Very truly yours, VICTOR W. SAUER Public Works Director R. a3y U. broatch Deputy Public Works 'Director, RDB:sgb Enclosure ccs Pacific indemnity Group ti PACIFIC GAS AND ELECTRIC COMPAI�'Y F-P vwi "�- 244 TENTH STREET RICHMOND, CALIFORNIA 94801 (415) 232.7363 G. C.STANLEY MAR 311972 PUBLIC WORKS DEPARTMENT March 29, 1972- Contra Costa County Department of Public Works Aftinistration Building Martinez, California 94553 Gentlemen: On February 17, 1972 our gas service located at 3912 San Pablo Dam Road, El Sobrante, was damaged by Richmond Crane Company while in your employ. When the cost of repairs has been determined, you will receive our bill for your payment. If it will be more convenient for you to have us refer this claim directly to your insurance company, we will do so at your request. For further information, please contact Mrs. R.-.Le Beuf of this office, telephone 232-7363- Sincerely yours, J. G. CARVAhHO Customer Services Supervisor JGCtarg SANDERS GLASS° (As Affiliate ofAdmiral Glass, 2244 N.Main St. 6053 Dougherty Rd. Walnut Creek,Ca. 94596 Dublin,Ga. 94566 935-1551 828-8242 w � ••• r ' f •"''ate I-e/ 41 INousrRies. PPG makes the lass that makes the difference j: t R <j: AMENDMENT TO CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: Ethan Falls Address : 47 Paraiso Court, Danville, California Attorney: John P. Hardy, c/o Sangster and Hardy, Suite 21079 Embarcadero Center, San Francisco, California 94111 Amount: $ 0 ,000 (as of date of presentation) Date Filed : April 26, 1972 vX By mail , postmarked X5=72 I . FROM: Clerk of Board of Supervisors TO: County Counsel ' s Office amended Attached is a copy of the above/claim. Is it sufficient and does it comply substantially with Government Code Sections�j 0 and 910.2? DATED: April 26, 1972 W. T. PAASCH, By Doro v Laz ini Deputy II . FROM: County Counsel ' s Office TO: Clerk of dBgard of Supervisors � M dd Abovezlaim 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 reco end referral to : (County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: '�2 �.,� JOHN B . CLAUSEN, By De ut III . FROM: Clerk of Board of Supervisors TO : (1 ) Public Works Department, Attention Business & Services Manager (2) County Counsel ' s Office 2eW Attached are copies of above/claim which was REJECTED by the Board of Supervisors on May 9, 1972 (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 10 1972 and memo thereof filed and endorsed on claim, per Government Cod ection 297112 DATED: May 10, 1972 W. T. PAASCH , By VDeanna Petrie Deputy IV . FROM: (1 ) Public Works Department (2) County Counsel ' s Office TO: Clerk of Board of Supervisors This acknowledges receipt of copies of above7vctalm and/or board order, and forwarding endorsement III . DATED: May 10, 1972 Public Works , By DATED: May 10. 1972 County Counsel , By ADDENDUM TO CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: ETHAN FALLS Address : 47 Paraiso Court, Danville, California Attorney: John P. Hardy, c/o Sangster & Hardy, Suite 2107, One Ewbarcadero Center, San Francisco, California 94111 Amount: $50,000 Date Filed : April 19, 1972 By delivery to Clerk By mail , postmarked ty 18-72 I . FROM: Clerk of Board of Supervisors TO: County Counsel ' s Office addendum to 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: April 192 1972 W. T. PAASCH, ByA,,&, �r,Le Lourette Kincaid, Deputy II . FROM: County Counsel ' s Office TO: Clerk of Board of Supervisors /addendum to 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: 147 JOHN B . CLAUSEN, By' G 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 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: ETHAN FALLS Address : 47 Paraiso Court, Danville, California Attorney: John P. Hardy, c/o Sangster & Hardy, Suite 2107, One Embarcadero Center, San Francisco, California 94111 Amount: $50,000 Date Filed : April 13, 1972 By delivery to Clerk By mail , postmarked -12-72 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: April 13 , 1972 W. T. PAASCH, By d- ,ta� `itCcr�d-� Lourette Kincaid, 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 • ( rBoard 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: 11 d4 JOHN B . CLAUSEN, By sem' e ut 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 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages : ) } ETHAN FALLS, CLAIMANT } } I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the - United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: Board1s order of May 9, 1972, denying amended claim of ETHAN FALLS, together with "Notice of Denial" of said claim to the following: JOHN P. HARDY c/o Sangster and Hardy Suite 2107 One Embarcadero Center San Francisco, California 94111 I declare under penalty of perjury that the foregoing is true and correct. Dated: _ May 10, 1978 at Martinez, California. Deputy 17er FILED M' 16 1972 W T. PAASCH 4-71-500 CLE K )PRO OF SUPERVISORS COBTA CQ. 9y Deputy n THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: JON P. HARDY c/o Sangster and Hard Suite 2107 One Embaroadero Center San Francisco, California 91111 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on —A=ril 2� 172 Was rejected by the Board of Supervisors of said county on was 9- 1922 • WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim.. See Government Code .lection 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: may 0. g ns-1 W. T. PAASCH, CLERK By Deanna Pe t cc: Flood Control District Deputy Clerk Countyts Insurance Carrier IN THE BOARD OF SUPERVISORS OF .CONTRA COSTA COUNTY. -STATE OF CALIFORNIA May' 9 In the Matter of ) Claim for Damages. ) Ethan Falls, 47 Paraiso Court, Danville, California, through his attorney, John P. Hardy of Sangster and Hardt, Suits 2107, Embarcadero Center, San Francisco, California 94111 amended having filed with this Board on April 26 _, 1972 ,/claim for damages in the amount of $ 50,000 (as of date of presentation of claim) ; NOW, THEREFORE,- on motion of Supervisor J. P. Kenny , seconded by Supervisor W. N. Boggess , IT IS BY THE BOARD ORDERED that said�cc ai�mi s hereby DENIED. The 'foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: Supervisor A. M. Dias. 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 9th day of � &Z , 197 _. W. T. PAASCH, CLERK By. 2etf d pc DO&nnaPs Ul erk Deputy cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator Flood Control District SANGSTER AND HARDY ATTORNEYS AT LAW RICHARD M.SANGSTER SUITE 2107• ONE EMBARCADERO CENTER JOHN P.HARDY SAN FRANCISCO 94111 (415) 989-7565 April 25, 1972 • FILED ArrR 26, 1972 W. T. PAASCH Board of Supervisors CLERK BO RA COSTRD OF u SUPERVISORS Contra Costa County By Deputy County Administration Building Martinez, California Contra Costa Flood Control and Water Conservation District (Commission Thereof) c/o Chief Engineer 255 Glacier Drive Martinez, California Re: Falls v. Contra Costa Gentlemen: This will acknowledge receipt of your respective notices of insufficiency of the claim filed in the above-captioned matter on April 11, 1972, with Addendum dated April 18, 1972. The claim is resubmitted to take into account your claimed insufficiencies. This claim is presented by Ethan Falls, repre- sented herein by the firm of Sangster and Hardy, at the address listed above. The post office address of claimant is 47 Paraiso Court, Danville, California, but all notices respecting this claim should be sent to John P. Hardy, c/o Sangster and Hardy, Suite 2107, One Embarcadero Center, San Francisco, California 94111. The date, place, and other circumstances of the transactions giving rise to this claim are as follows: On or about March 13, 1972, claimant Ethan Falls sustained personal injuries and damages as a re- sult of a fall in the vicinity of San Ramon Creek, near where the creek passes under the Paraiso Drive bridge, near its intersection with Everett Drive. Plaintiff is informed and believes, and Y SANGSTER AND HARDY Board of Supervisors Contra Costa County Contra Costa Flood Control and Water Conservation District (Commission Thereof) April 25, 1972 Page Two thereupon alleges, that the subject accident took place on an easement of the Contra Costa Flood Control and Water Conservation District. A long rope was permitted to hang from a tree in that area, creating a condition which was particularly attractive to children, and upon which children played. The claimant, who is seven years of age, was attracted to this condition and fell from the rope, fracturing his femur, breaking off a tooth, and sustaining numerous lacerations and other injuries. The Sheriff' s Department of the County of Contra Costa had been advised of this condition prior to the accident, but no action was taken by the Sheriff' s Department or by any other employee of Contra Costa County, or of the Contra Costa Flood Control and Water Conservation District, or the Commission thereof. Plaintiff does not know the name or names of the public employees who should have taken such action, but, claimant is informed and believes that said persons are employees of the County of Contra Costa and/or the Contra Costa Flood Control and Water Con- servation District. The amount claimed as a result of the foregoing, as of the date of the presentation of this claim, is $50,000.00, including $45,000.00 general damages and $5,000.00 presently estimated medical expenses. We ask that you acknowledge receipt of these documents and advise us of your action concerning them. Ve *yas n P. Hattorney for and acngn behalf of Claimant Ethan Falls JPH/mp i ..:.ri •�fir. =� •� .-1 ' O � O 43 o-N � O +N .p, 4,3 Ul O . 44U *� y -y 1+ r 4 J Q � a O Q V a Q j t/S N To Clerk of the Board DATE 4/25/72 FROMCounty Counsel/Farr SUBJECT Claim of Ethan Falls Note that the addendum to the claim of :than Falls should be considered an amendment to the claim filed on April 13, 1972, and considered a part of the original claim for all purposes (Government Code @91c).6). The claim and its addendum still do not comply substantially with the requirements of the Government Code, and this office has therefore sent another Notice of Insufficiency. We recommend that the Board not take action on the entire claim, including the April 13 claim until at least 15 days after the last Notice of Insufficiency was :nailed (April 2 5, 1972). Contact the undersi7ned if you have any questions. a- SIGNED . PLEASE REPLY HERE TO DATE W- T. PAnSK 1 OF* � T Fu2Y BY SIGNED INSTRUCTIONS- FILL IN TOP PORTION, REMOVE DUPLICATE (YELLOW) AND FOR- WARD REMAINING PARTS WITH CARBONS. TO REPLY, FILL IN LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE (PINK) AND RETURN ORIGINAL. FORM M103 0 NOTICE OF INSUFFICIENCY To: Ethan Falls c/o John P. Hardy Sangster & Hardy Suite 2107, One Embarcadero Center San Francisco CA 94111 Please Take Notice as follows: with its addendum 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. 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 BV AUSE ,/JCounty C nsel By eputy County Cbunslel 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: April 25, 1972 , 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) SANGSTER AND HARDY ATTORNEYS AT LAW RICHARD M.SANGSTER SUITE 2107• ONE EMBARCADERO CENTER - JOHN P.HARDY SAN FRANCISCO 94111 (415) 989-7555 April 18, 1972 F I L E D 1972 Board of Supervisors W. T. PAASCH County Administration Building CLERK BOARD OF SUPERVISORScont oeTA co. Martinez, California sy J��"'' `�-gputr Contra Costa Flood Control and Water Conservation District (Commission Thereof) c/o Chief Engineer 255 Glacier Drive Martinez, California Re: Falls v. Contra Costa Gentlemen: This is an Addendum to the claim in the above- captioned matter, dated April 11, 1972, and filed on April 13, 1972. A copy of said claim is incorporated herein by reference and specifically made a part hereof. The claimant, Ethan Falls, sustained personal injuries and damages as a result of a fall in the vicinity of San Ramon Creek, near where the creek passes under the Paraiso Drive bridge, near its intersection with Everett Drive. Said accident took place on or about March 13, 1972 _ We ask that you acknowledge receipt of this document and that you will treat it as part and parcel of the original claim. The date of said accident was inadvertently omitted from the aforementioned claim, and now should be considered part of that claim. If you have any objection to this way of proceeding, please advise. Ver r y s ohn P. Hardy, A tor for and acting in behalf of Claimant Ethan Falls JPS/mp Enclosure z N o n 2 p � ►-� q m > N 2 Z o to Z n z > i z yZ 2 n 0 Y-ct DA � K 3t, t!) rn tr C 0 ri Y- nPO' tj cr 0 Y-Y- K tvOED Uj Y. t-� W W m x' � i YC7 z°i co rC-tl. ............. NOTICE OF INSUFFICIENCY RECEIVED To: Ethan Falls APK 19 1-9-72 C/o John P. Hardy Sangster & Hardy W. T• PAASCH Suite 2107, One Embarcadero Center CLERK BOARD OF SUPERVISORS aY cow vF�T Co: San Francisco CA 94111 ` p°�� 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. X 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. CLAPSEN, County ounsel By / e gVtUty CouhtyCoufisel Michael D. Farr CERTIFICATE OF SERVICE BY MAIL (C.C.P. § 1012, 1013a, 2015.5; Evid.C. 55641, 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: p ril�T97P , at Martinez, California. MDF: Cl4 cc: erk of Board of Supervisors/ Public Works Department CC-33:250: 7/70 (Notice of Insufficiency of Claim; Govt.C. §§910 , 910.2 , 910.49 910.8) SANGSTER AND HARDY ATTORNEYS AT LAW RICHARD M.SANGSTER SUITE 2107• ONE EMBARCADERO.CENTER - - - JOHN P.HARDY - SAN FRANCISCO 94111 (4 t5) 969-7565 FILED April 11, 1972 APK /0 1972 W. T. PAASCH CLERK BOARD OF SUPERVISORS CO R COSTA Board of Supervisors eye Deputy .County Administration Building Martinez, California Contra Costa Flood Control and Water Conservation District (Commission thereof) c/o Chief Engineer 255 Glacier Drive Martinez, California Re: Falls v. Contra Costa Gentlemen: This is a claim against the County of Contra Costa and the Contra Costa Flood Control and Water Conservation District, and each of them, their agents and employees. This claim is presented by Ethan Falls, represented herein by the firm of Sangster & Hardy, at the address listed above. The post office address of claimant is 47 Paraiso Court, Danville, California, but all notices respecting this claim should be sent to John P. Hardy, c/o Sangster & Hardy, Suite 2107, One Embarcadero Center, San Francisco, California 94111. The date, place, and other circumstances of the trans- actions giving rise to this claim are as follows: Claimant Ethan Falls sustained personal injuries and damages as a result of a fall in the vicinity of San Ramon Creek, near where the creek passes, under the Paraiso Drive bridge, near its intersection with Everett Drive. A long rope was permitted to hang from a tree in that area, creating a condition which was particularly attractive to children, and around which children played. The claimant, who is seven years of age, was attracted to this condition and fell from the rope, fracturing his femur, breaking off a tooth, and sustaining numerous lacerations and other injuries. SANCSTER AND HARDY Board of Superivsors, Martinez Contra Costa Flood Control, etc. April 11, 1972 Page Two The Sheriff's Department- had been advised of this condition prior to the accident, but no action was taken The condition in question is on land upon which the Contra Costa Flood Control and Water. Conservation. ` District holds and maintains an easement. The amount claimed as a result of the foregoing, as of the date of the presentation of this claim, is $50,000.00, , including $45,000.00 general damages and $5,000 .00 presently estimated medical expenses. We ask that you acknowledge receipt of these documents and advise us of your action concerning them. Very truly yours, John rdy As Attorney for and acting in JPH:mk behalf of claimant Ethan Falls- ' , • C A y D O 2 1 � O > i 0 _ o a A o i A r� A K O E+•to � �.'•W 1� W O � bd f4 'fie. as a� it - F Q1 Vji IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE .OF CALIFORNIA ' In the Matter of Authorizing ) Suits Against the State of ) RESOLUTION NO. 72/297 California ) ) This Board on November 30, 1971, having authorized its Chairman to execute a claim against the State of California for $464,273 for damages incurred by the County of Contra- Costa as a result of the' December 15, 1970, emergency Medi- Cal regulations invoked by the State of California and that claim having been denied by the State of California; and This Board on March 7, 1972, having authorized its Chairman to execute a, claim against the State of California for $1,088,053 for the underfunding of the Medi-Cal option program for the period from July 1, 1971 through September- 30, 1972, and that claim also having been denied by the State of California. IT IS BY THE BOARD ORDERED that the County Counsel is AUTHORIZED to file suits on behalf of the County of Contra Costa against the State of California and appropriate State officials on said claims for the amounts due the County. PASSED AND ADOPTED on May 2, 1972, by this Board. WWW:bc CEBTINIED COPY J eerti/y.that thi#ii a 1j, inu &ooneet espy of lie . nipinal docrseat wh;oh is on lilt in wy allies, and ' that it was passed&adopted h the Board o/Brper. rieo►n o/ Contra Contra County, Cal;loraia, oa the jets ehoern. ATTI_•ST, W. T. PAASCH,county clerk + Sf ea-o//;a;a clerk of .aid Board of Supeni.o,a J4 lepaty alerh. .. ............... MAY.. 2 1972 cc: County Counsel (3) County Administrator County Welfare Director County Auditor County Medical Director RESOLUTION NO. 72/297 N.E. CNOCKCR CO.. IMC. - 44828 'i • ! • • • • • • " WWAYRITE IT! DON' iT0 Clerk of.'the Board TaAttn8 Barbara Kemp DATE FROM County Counsel SUBJECT Attached is the resolution you requested,- RECEIVED ?.!V 1 -1972 W. T. PAASCH CLERK BO RD C El ISORS CO RA t3y Deputy SIGNED PLEASE-REPLY, NERt T0. DATE r , r SJGNED- " INSTRUCTIONS—fILLIN^TOP PORTION, REMOVE'DUPIICATEa(YELLOW) AND FO_= WARD REMAINING PARTS WITH CARBONS.TO REPLY, FILL'IN LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE (PINK) AND RETURN ORIGINAL. FORM W03 0 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Dote: April 26, 1972 To: W. T. Paasch, County Clerk Attn: G. Russell, Asst. Clerk of the Board From: John B. Clausen, County Counsel By: William W. Ward, Deputy County Counsel Re: Suits Against the State of California In recent months the County has filed two claims against the State of California with regard to the Medi-Cal Act. One claim was for damages and increased costs incurred as a result of the December 15; 1970 emergency regulations and was in the amount of $464,273 . The other claim was for underfunding of the "option" program and was for $1,088,053 . Both claims have been denied by the State Board of Control. This office is presently in the process of preparing suits against the State of California on these claims . Before the suits. can be filed we will need a resolution from the Board of Supervisors authorizing this office to file the suits . Would you please list this matter for the Board of Supervisors at its May 2, 1972 meeting. R'EC -v MAY lV. T. PAASCH CLE K BOARD 0,=SUPZ O �RVlSORS C JX B AUZy WWW:ed cc : J. P McBrien, County Administrator (Please send us three copies of the resolution) .r 1. �► 0 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : BRIAN A. BARTL Address : Spinal Cord Injury Unit, Rancho Los Amigos, 7601 East Imperial Highway, Downey, California 90242 Attorney: Edward W. Pliska, Attorney at Law, 520 E1 Camino Real, Suite 428 San Mateo, California 94402 Amount: X69203,000.00 Date Filed : April 10, 1972 By delivery to Clerk By mail , postmarked 4:; 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 910 and 910 . 2? ��ci_l DATED: April 10, 1972 W . T. PAASCH, By 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 ( oard may not act on claim until 15 days after notice is given by this office; ( ) Do not file claim, time limits have expired . We reco mend referral to :( r/� County' s general insurance carrier; ( ✓ Other insurance carrier; v,,6rr_lla carrlcr-+ ( )) County Counsel . DATED: 13 JOHN B . CLAUSEN, By D puty 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 May 2,` 1972 _ _(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 May 1972 , and memo thereof filed and endorsed on claim, per Government Code SectAvy2gazt-a- 29703 . DATED : May 3. 1972 W. T. PAASCH , Byr 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: May 3, 1972 Public Works , By ,. , DATED: May 30 1972 County Counsel , By Jr Y RECE t7FARMERS INSURANCE GROUP �ZFARMERS INSURANCE. EXCHANGE w. T. PAASCTRUCK INSURANCE EXCHANGE CLERK BOARD OF SUPEOFIRE INSURANCE EXCHANGE -ONT ACASTMID-CENTURY INSURANCE COMPANY ( ' gy D>�R1► FARMERS NEW WORLD rrrlll LIFE INSURANCE COMPANY FARMERS INSURANCE GROUP January 25,, 1972 JERRY G. HOLIDAY, AGENT 3831 DAM ROAD EL SOBRANTE, CALIFORNIA 94803 RES: 222-2144 BUS: 223-8510 Board of Supervisors- County Administration Building Martinez,, Calif. Our Member: Julianne 03.iver 1731 Glen Court Pinole, Calif. Accident of; 1-14-72 Gentlemen Our- member reports that her car- was damaged as a result of the above accident in which a• sheriffl& patrol car, No, 2719,, driven by Gerald Z.. Cook, waa involved. Please turn this matter over to your insurance company so they may contact our member. as she would like to make a claim for the damages to her car. Your prompt attention in this matter would be greatly- appreciated. Enclosed please find two estimates for the- repairs- to= our member's car. Please turn these into your insurance company along with the- accident report. Regar , err y Hol ENC: Pinole Auto Body $30 .38 and Romero's Body Shop $374.17 CC:: Julianne Oliver FILED JAN 2 61972 W. T. PAASCH RK BOARD OF SUPERVISORS 6 CO TA C Y Deputy AUTOMOBILE - TRUCK - FIRE - LIFE - PUBLIC LIABILITY - CARGO WORKMEN'S COMPENSATION - PERSONAL LIABILITY - GENERAL LIABILITY ._m- ..fie •. , MOLE A WO BODY • COra1KM A117170 bGOY AIIII& AtW AUTO PAAHT040 #SO Sao Patio Ave. PiM CoM • f h=* 7-%-1256 Car Owner , 1 '- �f%y Address r� Phones OF Make r 7 f` {/ Yea /! License No AJ ^ Body Str Mileages ► Motor No f Serial No Adjuster T © Phone File No Insurance Co Policy No Sy bol FRONT Labor Parts Symbol LEFT Labor Parts Symbol RIGHT Labor Parts Bumper r�( Bumper Brkt. '' _ Fender,Frt. nder,Frt. Bumper Gd. Fender Shield Fender Shield Frt.System Fender Midg. Fender Midg. • Frame Headlamp eadlamp yf /I r Cross Member Headlamp Door eadlamp Door I .-o' Stabilizer Sealed Beam Sealed Beam Y Wheel Cowl Cowl Hub Cap Windshield Windshield Hub 3 Drum Door,Front Door,Front Knuckle ( . 7. Knuckle Sup. Door Hinge Door Hinge Lr.Cont.Arm-Shaft Door Glass Door Glass Vent Glass Vent Glass Up.Cont.Arm-Shaft Door Mldgs. Door Mldg. Shock Door Handle Door Handle Spring Center Post Center Post Tie Rod Door,Rear Door,Rear Steering Gear Door Glass Door Glass Steering Wheel Door Mldg. Door Mldg. - Horn Ring Rocker Panel Rocker Panel Gravel Shield Rocker Midg. Rocker Midg. Park.Light Floor Floor Frame Frame Rad.Grille Dog Leg Dog Leg If Quar.Panel 11 Quar.Panel Quar.Mldg. Quar.Midg, Windshield Quar.Glass Quar.Glass Fender,Rear Fender,Rear Fender Mldg. Fender Mldg. Fender Pad Fender Pad Name Plate REAR MISC. Horn Bumper Inst.Panel Baffle,Side Bumper Brkt. Front Seat. _ Baffle,Lower Bumper Gd. Front Seat Adj. Baffle,Upper Gravel Shield Trim Lock Plate, Lr. Lower Panel Headlining Lock Plate,Up. Floor Top Hood Top Trunk Lid Tire % Worn Hood Hinge Trunk Light If Tube Hood Mldg. Trunk Handle Battery Ornament Tail Light Pain Rad.Sup. Tail Pipe Underc Rad.Core Gas Tank '+ Anti Freeze FrameLABOR HOU tf L GZ Rad.Hoses Wheel r_ Fan Blade Hub 8 Drum PARTS �( Fan Belt Axle ; TAX Water Pump 5 ring TOTAL y. Motor Mts. Clutch Linkage GRAND TOTAL $ Q JAN 206 1972 W. T. PAASCH e � �'= CLE K BOARD OF SUPERVISORS J SIGNED FORM RE 811.9 ,w CONT A C By Deputy CIRCLED— ITEM T IN OTAL— IN OUR OPINION ARE NOTOT OF THIS CLAIM A-Ali n N-New OH-Overhaul S-Straighten or Repair EX-Exchange RC-Rechrome U-For Used Parts n a� - Rt K.gRO3S BOOOSHOP 12640 SAN PABLO AVENUE RICHMOND, CA 94805 - Phones: 233-8013 and 233-2739 AS LISTED FOR OR AND No. ESTIMATE OF REPAIRS VERBAL AGREEMENTS NOT BINDING MATERIALS ESTIMATES FREE Owner Date--/ �7^ 7 Address /73 '— ,�-C� —Phone Est.No. Insurance Co. Order No. License Address Phone Number —.77Af Year Motor Serial broke Model '` Mileage No. No. QUAN. DESCRIPTION OF LABOR OR MATERIAL PART NO. MATERIAL LABOR T ARAle 09 3a fW , ) Neuxo ?S r T pin r S • L�` a O � D " ITS r% LM Tib cL::��= •c n►'7/l� W• T. PA':," CON R 5 putt PARTS •r?tCES BASED ON STANDARD CATALOG PROCUREMENT PRICE LISTS SUBJECT TO CHANGE WITHOUT NOTICE. TOTAL PROCUREMENT AND DELIVERY CHARGES MAY BE ADDED FOR SPECIAL SERVICE ON ITEMS NOT AVAILABLE LOCALLY. MATERIAL Old parts removed from cors will be junked unless otherwise instructed in writing. Total Labor vv The above is an estimate based on our inspection and does not cover additional parts or tabor which may be required after tht-work has been opened up. Occasionally after work has started worn Parts ate discovered which are not evident an first Total Material Q impectron. Because of this the above prices are not guaranteed. 5 Estimate ] Total Parts Estimated By Approved By. �° ' Tax 7 (� AUTHORIZED AND ACCEPTED Paid Out-Tow Sc Storage Date Sublet Repairs By Owner or Agent t OTAL 3 7 / Fm.386 500 sets 11/71 C.D.Bornett CD.,PinolO,Ca 94564-Phone (415)223-0507 rn w L-LA " �O m Fly 0 O � -� 0 , � p r no Q.D 3 O 00 C) n to o. b to 1-3H Z t'1 K Lq 'C] H En Q O1-3 H H H H RSO N X C �O tj o M -:tjA u t cn Y h33 F litiit THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY k Administration Building, Room 103 P. 0. Box 911 Martinez, California To: Julianne Oliver cVo Mr. Jerry G. Holiday, Agent, Farmers Insurance Group 3831 Dam Road E1 Sobrante, California 94803 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on January 26, 1972 was rejected by the Board of Supervisors of said county on February 8, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: February 9, 1972 W. T. PAASCH, CLERK By2 ancy IngpFaham. Deputy Clerk CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: BETTY BATTON 3954 La Cima Address : El Sobrante, California Attorney: Connolly & Curtin, Attorneys at Law 1616 — 23rd Street, San Pablo, California 94806 Amount: $202000, plus Date Filed : January 26, 1972 By delivery to Clerk By mail , postmarked 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 Cod Sections 910 and 910.2? DATED: January 26, 1972 W. T. PAASCH , By Joan Schoettler,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. af-te_r notice is given by this offide; ( ) Do not file claim, time limits have expired . s ,/ We reco nd referral to : (County ' s general insurance carrier;. . _ ( ) Other insurance carrier; ( ) County Counsel . v DATED: 7air 47.1 JOHN B . CLAUSEN, 6 ft (T Y-4 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 February 8, 1972 (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 February 9, 1972, and memo thereof filed and endorsed on c aim, per Government Code Section 29703 . DATED: February 9, 1972 W. T. PAASCH, By ,—� __ Nancy ngr am, 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 . i DATED : February 9, 1972 Public Works , By DATED: February 9, 1972 County Counsel , By `�/� BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of C 1 aim ) F I L E for Damages: ) BETTY BATTON FEB 9 1972 W. T. PAASCN CLERK BOARD OF SUPERVISORS CBNTFiA STA CO TY � e I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of NOTICE OF DENIAL together with a copy of a Board order denying claim of BETTY BATTON (order of February 8, 1972) to the following: BETTY BATTON C/o Connolly & Curtin Attorneys at Law 1616 - 23rd Street -. San Pablo, California 9 .866 I declare under penalty of perjury that the. foregoing is. true and correct. paw: February 9, 1972 , at Martinez, Calif ornia . anc sm, Deputy uiewrTw x`71.500 - THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: BETTY BATTON c/o Connolly & Curtin Attorneys at Law 1616 - 23rd Street San Pablo, California 94806 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on January 26, 1972 was rejected by the Board of Supervisors of said county on February 8-, 1972 WARNING Subject to .certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: .February 9, 1972 W. T. PAASCH, CLERK :1 B anc' am Deputy Clerk IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA February .8. , 1972 In the Matter of ) Claim for Damages. ) Betty Batton, 3954 La Cima, E1 Sobrante, California, through.Connolly & Curtin, Attorneys at Law, 1616 - 23rd Street, San Pablo, California having filed with this Board on January 26 19,x, claim for damages in the amount of $20,000 approximately; NOW, THEREFORE, on motion of Supervisor J., P. _KeM , 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, W. N. Boggess, E. A. Linscheid. 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 th Board of Supervisors affixed this qday of February , 1972 .- W. T. PAASCH, CLERK By NancIng ahem Deputy Clerk ccs Claimant Administrator Public Works (3) Attention Mr. Broatch County Counsel Form #8 70-3-50o CONNOLLY 6 CURTIN MARVIN A.JOSEPH 1915-i963) ATTORNEYS AT LAW JOSEPH.P.CONNOLLY - CONNOLLY—CURTIN BUILDING r - .- � - .. 234-9'436.K234=/476•-- -.1' .c :,i-e. THOMAS F CURTIN. 1616 TWENTY—THIRD STREET "' ARCA C16OC41S WALLACE.OUINN SAN PABLO;CALIFORNIA 94806 t :• January, 25, 1972 RECEIVED W, T. PAAVCN RY1N Clerk_ of the Board of Supervisoraucfw RID,tw is - � Contra Costa County By Administration Building 'Martinez, California 94553 Re: Claim of Betty Batton Gentlemen: Enclosed are the original and two copies of the Claim Against the County of Contra Costa on behalf of Betty Batton. -Will you please place this matter on your agenda of the next meeting, and notify us if you will accept the filing. Thank you for your courtesy and cooperation. Very truly yours, CONNOLLY & CURTIN Wallace _Quinn W4/ls ENCLOSURES . FILED ! ` 1972 W. T. PAASCH : a K DOARD OF SUPERV46 1 CLAIM AGAINST THE COUNTY OF CONTRA COSTL770mmmm� 2 TO: THE BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, MARTINEZ CALIFORNIA 3 4 1. The claimant' s name and post office address are 5 as follows: BETTY BATTON, 3954 La Cima, El Sobrante, California. 6 2. I desire notices to be sent to the following post 7 office address: Connolly & Curtin, Attorneys at Law, 1616 - 23rd 8 Street, San Pablo, California 94806. 9 3 . The date, place and other circumstances of. the occur- 10 rence that gave rise to this claim are as follows: 11 A. Date: November 9, 1971 12 B. Place: La Colina Road, El Sobrante, California. 13 C. Circumstances: On or about 11:45 p.m. on 14 November 9, 1971, on La Colina Road, El Sobrante, I was driving 15 down La Colina Road when I noticed an obstruction in the road. 16 I stopped my car and alighted from the driver' s side of the car. 17 At that time I fell into a manhole from which the cover had 18 been removed. I fell partway through the manhole and caught 19 myself with my arms. I suffered bruises to my hips, and internal 20 injuries. I have been troubled with mental distress and upset 21 since that incident. 22 4. So far as is known to BETTY BATTON at the date of 23 filing this claim, she incurred damages in the amount of $20,000.0 24 due to the following injuries: Bruises and scrapes, plus pain 25 and suffering and emotional and mental distress. 26 5. The identity of the public employee causing injury 27 and damage is unknown to this claimant. However, the Contra 28 Costa County Sheriff' s Department Dispatcher had been notified 29 by other parties as early as 5 p.m. , nearly six hours prior 30 to this incident, that the manhole cover was missing, and that 31 the street was in a dangerous condition. 32 -ONE-- ! I. _r 1 6. At the time of presentation of .this` claim, BETTY BATTON 2 claimant, claims damages in the amount of $:22,000, including the 3 injuries stated above, and future medical expenses which are 4 expected to result from the injuries infli:cted.7'upon the claimant. 5 Dated: January 25, 1972. 6 CONNOLLY & CURTIN 7 By 8 WALLACE QUINN Acting on behalf of 9 Betty Batton, claimant 10 DECLARATION OF PRESENTATION OF CLAIM BY MAIL 11 I am over the age of 18 years and am not a party to 12 the claim affixed to this declaration. I am a citizen of the 13 United States and a resident of Contra Costa County, California. 14 My business address is 1616- 23rd Street, San Pablo, California. 15 I presented the affixed claim by depositing three originals 16 thereof in the United States Mail in San Pablo, California, 17 on January 25, 1972, at the U.S. Post Office in San Pablo, 18 California, on January 25, 1972, in a sealed envelope with 19 postage thereon fully prepaid with the name and address shown 20 on an envelope being as follows: Clerk of the Board of Supervisor 21 Contra Costa County, Administration Building, Martinez, California 22 At the time of the deposit there was regular delivery by the 23 United States Mail between the place of deposit and the place 24 of address 25 Dated: January 25, 1972, at San Pablo, California. 26 I declare under penalty of perjury that the foregoing 27 is true and correct. j s1• 2 8 LORRAINE SOD 29 30 31 32 ., . CONNOL.L.Y & CURTIN � � � Ma AM 4717TORNEYS AT LAW awe$C ♦ I p 1616 TWENTY-THIRD STREET "r■" p0 SAN PAHLO.CALIFORNIA 94806 -� w t RETURN RECEIPT REQUESTED Clerk of the Board of Supervisors ■ D Contra Costa County No. Q Administration Building Martinez, California 94553 In the Board of Supervisors of Contra Costa County, State of California January 31 ig 72 In the Matter of Settlement of Claims for Damages by Reason of Construction of Alhambra Street, Crockett Area, Project No. 2295-6000-71. On the recommendation of the Public Works Director and on motion of Supervisor A. M. Dias, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the County Auditor is AUTHORIZED to issue a warrant in the amount of $1,150 in favor of Sam and Barbara Stowell as settlement of all claims for damages to their property by reason of road maintenance or construction of Alhambra Street, Road No. 2295, Crockett area, Project No. 2295-6000-71, and accept a waiver from them as to any and all claims for further compensation from the County arising from said repair work to Alhambra Street. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny,• A. M. 'Dias, J. E. Moriarty, W. N. Boggess, B. A. Linscheid., 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: Public Works (2) Witness my hand and the Seal of the Board of Auditor Supervisors County Counsel affixed this 3lst day of January : 19 JZ Administrator W. T. PAASCH, Clerk By ALL . t° Deputy Clerk Helen C. Marshall 0 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Mrs . Mary Gruhn Claimant: Michael Fitzpatrick, a minor Address : 1355 Kansas Circle, Concord, California Attorney : Nichols, Williams, Morgan & Digardi, 616 Central Building Oakland 12, California Amount: $500,000 plus unknown medical expense Date Filed : January 6, 1972 By delivery to Clerk 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: January 6. 1972 W. T. PAASCH, ByA �LHn C. 1, Deputy II . FROM: County Counsel ' s Office TO: Clerk of Board of Supervisors Above claim complies substantially wi.t.h_,Go.vernment Code Sections 910 and 910. 2 . Above claim FAILS to comply substantxAll y with said Section ( Board may not act on claim� 'until 15 days after ' notice is given by this office ; / ( ) Do not file claim, time limits have, eexpAred. ✓ We recoTn jend referral to : .: a ( County ' s general insurance carrier, ( ) Other insurance carrier; :; ( ) County Counsel . DATED : 7 /?7.�, 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 January 25, 1972 (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 January 26, 1972 , and memo thereof filed and endorsed on claim, per Government Cod Section 29703 . DATED : January 26, 1972 W . T. PAASCH, By Lourette Kincaid, Deputy IU . 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 : January 26, 1972 Public Works , By o,_ s DATED : January 26, 1972 County Counsel , By /-� ;4L/s NOTICE OF INSUFFICIENCY RECEIVED To: Mrs. Mary Gruhn Michael Fitzpatrick JAN 101972 c/o Nichols, Williams , Morgan & Degardi W. T. PAASCH 616 Central Building C{.ERK BO RD OF SUPERVISORS Oakland 12, CA 94609 RA C04T"_c0. Please Take Notice as follows: Inv Deputy 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. 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. CLAUS N, C nt Cou 1 By Deputy County Counsel MDF:mk Michael D. Farr CERTIFICATE OF SERVICE BY MAIL (C.C.P. § 1012, 1013a, 2015.5; Evid.C. 5§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. Y certify under penalty of perjury that the foregoing is true and correct . Dated: JanunM7 - 1472 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 , 910.49 910.8) BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claimm ) for damages: ) MICHAEL FITZPATRICK, a minor ) M2�� by MARY. GRUHN ) � CLERISORS QPutyByI declare under penalty of perjury that I amnow, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez.. California, postage fully prepaid, a certified copy of January 25, 1972 Board order denying above- captioned claim, . together with NOTICE OF . DENIEL of same to the following: Michael Fitzpatrick, a minor, by Mary Gruhn c/o Nichols , Williams, Morgan & Digardi . •At_torneys at Law 616 Central Building Oakland, California I declare under penalty of perjury that the foregoing is true and correct. Dated: January 26 , 1972 at Martinez, California L lib _ _. urette Kincaid, Deputy erk h-71-500 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: Michael Fitapatrick, a minor Mrs. Mary Gruhn c/o Nichols, Williams, Morgan & Digardi, Attorneys at Law 616 Central Building Oakland, California NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on January 6, 1972 was rejected by the Board of Supervisors of said county on January 25, 1972 . WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: January 26, 1972 W. T. PAASCH, CLERK By .� ourette Kincaid Deputy Clerk cc: Insurance Carrier IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA 19742- In 974In the Matter of ) Claim for Damages. ) Michael Fi . ,nAtrieIti A T lmor m -b-Hars"llim- 1355 Namoss i t _l e P Cnn,So_rd} Ggl i f0rni 8 -bre mb119hal s o Wi l l i ming F ASI=rarnn & Di gardi Attnrna= at LAw- AIA Gantral R»i l di ng! nn'.rla a T l'.al j;CC;gig having filed with this Board on Tnn„nry A 1972, claim for damages in the amount of �5nn-nnnplimn ,;nknnun maMr-ol &vnca NOW, THEREFORE, on motion of Supervisor A seconded by Supervisor J- g__� , 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. K. Dias, J. B. Moriarty W. N. Boggess, B. A. Linscheid. 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 25th day of n »rv� 197 _. W. T. PAASCH, CLERK By4&1 Lourette Kincaid Deputy Clerk cc: Claimant Public Works (3 ) Attention Pyr. Broatch County Counsel County Administrator I L E D T',"16,/q-? a- I W. T. PAASCH i CLERK BOARD. OF SUPERVISUS 1 LO TRA C STA C/gI"/ ,a CLAIM AGAINST 2 COUNTY OF CONTRA COSTA 3 (a) Name and address of claimant: Mrs .. Mary Gruhn Michael Fitzpatrick, a minor 4 1355 Kansas Circle Concord, Ca. 5 (b) Send all notices to: 6 NICHOLS, WILLIAMS, MORGAN & DIGARDI 616 Central Building 7 Oakland 12, Calif or nia 8 (c) Date of occurrence: November 2.9, 1971 9 Place of occurrence: Ygnacio Valley Road at Clayton Road, Concord, Ca. 10 11 Circumstances of occurrence: 12 Claimaint Michael Fitzpatrick was injured in an .auto aceident by reason of the dangerous and defective condition of the traffic_ 13 control signals at said intersection. 14 (d) General description of injury, damage, or loss incurred: 15 Multiple injuries including severe brain injury. 16 17 18 (e) Amount of claim and basis of computation: 19 General damages , $500 ,000.00 plus unknown medical expense 20 21 Dated: January 3, 1972 22 NICHOLS, WILLIAMS , MORGAN & DIGARDI 23r 24 Attorneys for ClaimgHt 25 NICHOLS,_,WILLIAMS, MORGAN & DIGARDI 2 6 By Attorneys for C P imam 27 28 Receipt of a copy of the within claim is hereby 29 acknowledged this day of 196 30 31 32 NICHOLS,WILLIAMS, MORGAN 6 OIGAROI ATTORNEYS AT LAW CENTRAL BUILDING OAKLAND 12. CALIFORNIA - 092.9400 - AREA CODE 415 - - 0 n > m z o � r a a � r O m M Z > o Z m N y CD Ct. y (D N c� 0 �n 0� � P) ct O M 0 ct c : `� 0 CLAIM AGAINST CONTRA COSTA COUNTY J Routing Endorsements Claimant: James W. Harris Address : 44 Bishop Lane, Walnut Creek California Attorney: Boccardo, Blum, Lull, Niland, Teerlink & Bell 111 W. St. John Street, San Jose, California Amount: $1,5002000 Date Filed : January 13, 1972 By delivery to Clerk By mail , postmarked 1/10/72 (cArtifiad mail) I . FROM: Clerk of Board of Supervisors TO: County Counsel ' s Office late Attached is a copy of the above/claim . Is it sufficient and does it comply substantially with Government Code Sections 910 and 910.2? DATED: January 13, 1972 W. T. PAASCH, BY, • eputy II . FROM: County Counsel ' s Office TO: Clerk of Board of Supervisors / application for leave to present late ✓ Above/claim complies substantially with Government Code Sectiorbs Si c 911.1 . Above claim FAILS to comply substantially with said- Sections : ( ) 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 reco mend referral to : ( County ' s general insurance carrier; Other insurance carrier; County Counsel . DATED: 1 JOHN B . CLAUSEN B 3 y 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 January 25, 1972 (copy of Board Order also attached ) . P ease forwardthis claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on January 26, 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED : January 26, 1972 W . T. PAASCH, By Lourette Kincaid, 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: January 26, 1972 Public Works , By , ,:�;�.r"'T ? DATED : January 26, 1972 County Counsel , By f t BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT Or MAILING In the Matter of Application ) for Leave to Present Late F I L E Claim (James W. Harris ) . ,IAS! '26 1972 W. T. PAASCH CLERW BOARD OF SUPERVISORS ) By A putY I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California., postage Pully prepaid, a certified copy of Board order dated January 25, 1972 denying Application for Leave to Present Late Claim (filed by Boccardo, Blum, Lull, Niland, Teerlink & Bell, Attorneys representing the claimant) to the following: Mr . James W. Harris c/o Boccardo, Blum, Lull, Niland, Teerlink & Bell, Attorneys at Law 111 West St John Street - San Jose , California 95113 I declare under penalty of perjury that the foregoing is true and correct. Dated: January 26, 1972 , at Martinez, California . Lourette Kincaid, Deputy Clerk Lt,,-71-500 . i January26v 972 t: " James W. Harris s o/o Boodardo, Blum, Lull, Niland, Teerlink & Bell, Attorneys at Law 111 West St, John Street San Jose, California 95113 Dear Sirs: Enclosed is a certified copy of an order of the Board of Supervisors approved January 25, 1972 denying the application for leave to present late claim filed on behalf of your client, James W. Harris. Very truly yours, W. T. PAASCH, CLERK urette ca Deputy Clerk lk 'R iclosurs do: Insurance .Carrier' i. E _ In the Board of Supervisors of Contra Costa County, State of California January 25 19 72 In the Matter of Application for Leave to Present Late Claim. James W. Harris, through Bocaardo, Blum, Lull, Niland., Teerlink & Bell, Attorneys at 4aw, lll W. St. John Street* San Jose, California 95113 having filed with this Board on January 13, 1972, application for leave to present late claim; NOW, THEREFORE, on motion of Supervisor J. P. Kenny, seconded by Supervisor A. M. Dias, ITIS 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.: APPS: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty., W. N. Boggess, E. A. Linseheid. 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: Claimant/Attorney Witness my hand and the Seal of the Board of County Counsel Supervisors Public Works (3) affixed this-?.5th day of January , 1972 Attn: Mr. Broatch W. T. PAASCH, Clerk Administrator By Deputy Clerk Lourette Kincaid H2n 11/71 InM 1 BOCCARDO, BLUM, LULL, NILAND,TEERLINK & BELL COMMUNITY BANK BUILDING 2 SANt I I WEST ST.JOHN STREET JOSE. C RNIA 95719 TELEPHONENE 29 298.3679 3 F I L E D 7 l3, 7-A 4 ATTORNEYS-FOR Claimant W. T. PAASCH 5 CLERK BOARD OF SV:'F.RYISORS 0 TFtA C STA By ..OePutY 6 7 9 10 11 JAMES W. HARRIS, ) 12 Claimant ) NO 13 V. ) APPLICATION FOR LEAVE TO PRESENT LATE CLAIM ON BEHALF 14 COUNTY OF CONTRA COSTA, ) OF THE CLAIMANT 15 ) 16 ) _ 17 TO THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA, STATE OF 18 CALIFORNIA: 19 1. Application is hereby made for leave to present a late 20 claim founded on a cause of action for per.§onal injuries which 21 occurred on January 23, 1971, and for which a claim was not 22 presented within 100-day period by Section 911. 2- of the California 23 Government Code. For additional facts relating to the cause of 24 action upon which this claim is founded reference is hereby made 25 to the proposed claim attached to this application. 26 2. The reason that no claim was presented within this -1- , 1 statutory time referred to in Section 911.2 of the California 2 Govenrment Code is that claimant, James W. Harris , was hospitalized 3 and was physically and mentally unable to evaluate the factual 4 situation upon which this claim was based during the entire 5 pendency of the above referred statutory period. Claimant was 6 incapacitated during the above referred to 100-day period and 7 by reason of this disability failed to present a claim during 8 that period. 9 3. This application is being presented within a reasonable 10 time after the accrual of this cause of action, and the fact that 11 this application is being presented more than 100 days after 12 the accrual of said cause of action it in no way prejudices the 13 above referred to public entity. 14 4. The attached declaration of claimant substantiates 15 the allegations set out above. 16 WHEREFORE, it is respectfully requested that this 17 application be granted and that the attached proposed claim be 18 received and acted upon in accordance with Sections 912. 4 and 19 912. 6 of the California Government Code. 20 DATED: January 10 , 1972 21 BOCCAR'O, BLUM, LULL, NILAND, TEERLINK & -BELL 22 23 JAMES W. RRI ttorr�eys for Claimant 24 Claimant 25 26 -2 1 BDCCARDO, BLUM, LULL. NILAND,TEERLINK & BELL • COMMUNITY BANK BUILDING F 2 111 WEST 57. JOHN STREET !iAN JOSE, CALIFORNIA 9SI13 TELEPHONE 288.5678 - 3 .i qCOSai 4 ATTORNEYS FOR Claimant CLERKORS O YQy Deputy • 5 6 . . 7 8IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 Claim of JAMES W. HARRIS, ) 12 Claimant, ) NO. 13 V. ) CERTIFICATE AND DECLARATION OF CLAIMANT, JAMES W. HARRIS 14 COUNTY OF CONTRA COSTA, ) IN SUPPORT OF APPLICATION FOR LEAVE TO PRESENT LATE CLAIM 15 ) ON BEHALF OF CLAIMANT 16 ) 17 I, JAMES W. HARRIS, declare and certify that I was hospital- 18 ized and was physically and mentally incapacitated during all of 19 the 100-day period after the date of my accident which occurred 20 on January 23, 1971. During this period of hospitalization and 21 incapacitation I was unable to effectively form an opinion re- 22 garding the facts upon which my cause of action against the 23 County of Contra Costa were based, and this specifically refers 24 to the facts surrounding the automobile accident in which I was 25 involved on the roadway named LaGonda Way in the unincorporated Z6, area of Contra Costa County and further referred to above. It -1- 1 was by reason of such disability during the whole 1. f the 100-day 2 period referred to above that I failed to present a claim in this 3 matter. 4 Executed in San Jose, California on January 10, 1972. 5 I certify under penalty of perjury that the foregoing is' 6 true and correct. 7 JAMES W. HARRIS 8 10 11 12 13 14 15 16 17 � 18 19 20 21 22 23 24 . 25 26 _2_ . r 1 BOCCAROO, BLUM. LULL. NILAND,TEERLINS & BELL COMMUNITY BANK BUILDING 2 111 WEST ST. JOHN STREET SAI / N JOSE. CALIFORNIA 95113 TELEPHONE.298.5878 3AASCH C! QOARD SUPERVISORS !4 OSTn oU Y Q ATTORNEYS FOR Claimant -(' Oep ty 5 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 Claim of JAMES W. HARRIS, ) 12 Claimant, ) CLAIM FOR PERSONAL INJURIES 13 ) (Section 910 of the California v. ) Government Code) 14 COUNTY OF CONTRA COSTA, ) 15 ) 16 ) 17 TO THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF 18 CALIFORNIA: 19 YOU ARE HEREBY NOTIFIED that claimant, JAMES W. HARRIS, 20 whose address is 44 Bishop Lane, Walnut Creek, California, claims 21 damages from the County of Contra Costa in the amount, computed as 22 of the date of presentation of this claim, of $1,500,000. 00. 23 This claim is based on personal injuries sustained by 24 the claimant on or about January 23, 1971 on the roadway named 25 as LaGonda Way in the unincorporated area of Contra Costa County Z6 near the City of Walnut Creek and further described as 500 feet _1_ - I east of Danville Boulevard on said LaGonda Way, under the follow- 2 ing circumstances : 3 Claimant was injured while riding as a 4 passenger in an automobile traveling 5 generally eastward and northward on 6 said LaGonda Way when said automobile 7 struck a barricade or divider or fence 8 or other wood and steel structure on 9 or adjacent to said roadway. Said wood 10 and steel structure constitutes a danger- 11 ous condition on public property in that 12 it is reasonably forseeable that a vehicle 13 travelling along said roadway as referred 14 to above would come into contact with such 15 wood and steel structure hereinafter 16 referred to as obstruction. That said 17. obstruction was created in a negligent 18 and wrongful manner by an act or omission 19 of an employee of the above-referred to 20 public entity within the scope of his 21 employment and created a dangerous con.- 22 dition of public property. That said 23 public entity additionally created a 24 dangerous condition on said roadway when " 25 said roadway was narrowed without plan or 26 design in a percipitous manner creating a -2- 1 potentially dangerous condition for 2 the public travelling on said roadway. 3 That additionally said public entity 4 created a dangerous condition on public 5 property by failing to properly maintain 6 said roadway and adjacent natural and 7 artificial structures and shoulders in 8 a safe condition. That additionally 9 said public entity created a dangerous 10 condition on public property by failing 11 to place signs and signals in accordance. 12 with accepted practice and approved plan 13 and design in and adjacent to the roadway 14 referred to above. That said public entity 15 had actual and or constructive notice of the 16 dangerous conditions referred to above a 17 sufficient time prior to the injury referred 18 to above to have taken measures to protect 19 against this accident and subsequent injury. 20 That the wrongful acts and omissions of said • 21 public entity in creating said dangerous 22 condition of public property directly and 23 proximately caused the accident and related 24 injuries sustained by claimant herein. 25 Claimant sustained massive head injuries in the accident 26 referred to above including but not limited to loss of the right -3- i _ Y I eye,, loss of the right cheekbone structure, loss of bone structure 2 in the right skull area, loss of extensive brain tissue, and 3' significant facial scarring due to these injuries. Claimant 4 also sustained other serious bodily injury. To this date, 5 Claimant has a continuing disability associated with these injuries 6 including loss of balance, epileptic seizures, loss of vision, 7 emotional distress, and other significant injuries. Claimant 8 is unable to pursue gainful occupation and will be unable to 9 undertake a gainful occupation for an indefinite period. in the 10 future. I1 The names of the public employees of the public entity 12 referred to above have created the dangerous referred to above 13 and the names of the employees involved in other negligent and 14 careless acts and omissions each of which were the direct 15 and proximate cause of claimant's accident and related injuries 16 and damages under the facts described above are now not known to 17 this claimant, but said names are known to supervisor employees 18 of said public entity. 19 A permanent disability has been suffered by claimant 20 due to this injury and his disability extends to every aspect of 21 his private life and job occupation. 22 The amount claimed as of the date of presentation of this 23 claim is approximately computed as follows: 24 Medical, hospital, physical 25 therapy and medications, in excess of $20,000. 00 26 Loss of wages in excess of 10,000. 00 -4- T 1 General damages $1,4.70,000.00 2 TOTAL AMOU11T CLAIMED $1,500 0 00. 00 3 All notices and other communications with regard to this 4 claim should be sent to claimant in care .of Boccardo, Blum,- Lull. 5 Niland, Teerlink & Bell, 111 W. St. John Street, San Jose, California 6 DATED: January 10, 1972 7 $ BOCCARDO, BLUM, LULL, NILAND, 9 TEERLINK & BELL 10 1��cirua G%. f2�i�.ro By .JAMES W. HARRIS Atto "eys or Claimant 11 Claimant 12 13 14 - •.. 15 16 17 18 19 20 21 22 23 24 25 26 I I, the undersigned, declare as follows: 2 I am now and at all times herein mentioned have been a 3 "citizen of the United States , over the age of eighteen years, a 4 resident of Santa Clara County, California, and not a party to 5 the within action or cause; that my business address is 111 West 6 St. John Street, San Jose, California; that I served a copy of CLAIM FOR PERSONAL INJURIES (Section 910 of the 7 the attached CALIFORNIA GOVERNMENT CODE) ,CERTIFICATE AND DECLARATION OF CLAIMANT, JAMES W. HARRIS, APPLICATION FOR LEAVE TO PRESENT LATE 8 by placing said copy in an envelope addressed to: CLAIM 9 CLERK OF THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY 10 ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 11 12 13 14 15 which envelope was then sealed and, with postage fully prepaid 16 thereon, was on January 10, 1972 deposited in the United 17 States mail at San Jose, California; that there is delivery 18 service by United States mail at the place so addressed, or that 19 there is regular communication by mail between ,the place of mail- 20 ing and the place so addressed. 21 I declare under penalty .of perjury that the foregoing 22 is true and correct. Executed on January 10, 1972 23 at San Jose, California. 24 2a; 25 25 -CHARLOTTE EVAN S 26 n n o �+ c9 -a / N Z 0 G i W N C to � D� 9 i >,d ISi6 0 7► al 1 N o,� $ �NVa .` O r�sj �0 0 �Ht�-1 } H r ,.c 0 b C� a ec e VA lLn Q ra -'- r r ; 1 P19 ■ CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements MARTIN DAY Claimant : Larry Kingsley 1750 Parkside Drive Address : Walnut Creek, California Attorney: Douglas R. Page, Attorney at Law Suite 402, 1475 N. Broadway, Walnut Creek, California 94596 Amount: $5,000, plus expenses to be determined Date Filed : January 10, 1972 By delivery to Clerk By mail , postmarked ( Irregible) ( 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: January 10, 1972 W. T. PAASCH, By' � G'� Helen C. MarsJaallp Deputy II . FROM: County Counsel ' s Office TO : Clerk of Board of Supervisors _V-Z 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 re end referral to: ( ) County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: IJ �anHa�rryt . (473-- 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 January 18 1972 (copy of Board Order also attached ) . P ease forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on January 19, 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED: January 19, 1972 W. T. PAASCH, By ANWto A eC-z J Lourette Kincaid, Deputy IV . FROM: (1 ) Public Works Department (2) County Counsel ' s Office T0: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III . DATED: January 19, 1972 Public Works , By. ' DATED : January 19, 1972 County Counsel , B � BOARD OF SUPERVISORS, CONTRA COSTA COUNTY,, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim ) F 1 L E for Damages: ) LARRY KINGSLEY ) y ;N! 1972 W. T. PAASCH CLERN BOARD OF SUPERVISORS 2 By A".0 ty I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of NOTICE OF DENIAL together with copy of Board 's order denying claim of LARRY KINGSLEY (order of January 18, 1972) to the following: LARRY KINGSLEY c/o Douglas R. Page Attorney at Law Suite 402, 1475 N. Broadway, Walnut Creek, California 94596 I declare under penalty of perjury that the foregoing is true and correct. Dated: January 19, 1972 _ , at Martinez, California . k Lourette Kincaid, Deputy � lerk b-71-500 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: LARRY KINGSLFY c/o Douglas R. Page Attorney at Law Suite 402, 1475 N. Broadwa Walnut Creek, California 9}596 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on January 10, 1972 was rejected by the Board of Supervisors of said county on January 18, 1972 . WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. ' See Government Code Section 915.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: January 19, 1972 W. T. PAASCH, CLERK By urette Kincaid Deputy Clerk cc: Insurance Carrier IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA January 18 _ , 1-972-- In .972In the Matter of ) Claim for Damages.. ) Larry Kingsley, 1750 Parkside Drive, Walnut Creek California by and through his attorney, Douglas R. Page, Suite 402, 1175 N. Broadxay, Walnut Creek, California having filed with this Board on January 10 , 197 2 , claim for damages in the amount of $ 5,000, plus expenses to be determined ; NOW, THEREFORE, on motion of Supervisor J. Z. Moriarty , 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. Benny, A. M. Dias, J. N. Moriarty, S. A. Linscheid. NOES: None. ABSENT: Supervisor W. N. Boggess. 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 thi s 18th day of Januar , 197=2 . W. T. PAAS CH, CLERK By �C Lourette Kincaid Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator Sheriff F 0 L= JAN) 191 W. T. PAASCH CLAIM FOR PERSONAL INJURIES CL8R O TRD OF SUPERVISORS nyCDeputy 11 CLAIM OF LARRY KINGSLEY VS COUNTY OF CONTRA COSTA & MARTIN DAY TO: The County of Contra Costa and to Martin Day: YOU ARE HEREBY NOTIFIED that Larry Kingsley, whose address is 1750 Parkside Drive, Walnut Creek, California, claims damages from the County of Contra Costa and from Martin Day in the amount,computed as of the date of presentation of this claim, of Five Thousand ($5,000.00) Dollars. This claim is based on personal injuries sustained by the claimant on or about January 3, 1972, in the vicinity of 1107 Paradise Drive, Martinez, California, under the following circumstances: Claimant is a United States Postal employee and was delivering mail to the residence of Martin Day. At said time and place claimant was bitten by a german shepherd police dog, which claimant is informed and believes said Martin Day, a member of the Contra Costa County Sheriff's Office, was required to possess and to train as a part of his official duties with the County of Contra Costa. The:-�name of the public employee causing claimant's injur- ies under the described circumstances is Martin Day, and the german shepherd dog is in Day's possession. The injuries sustained by claimant, so far as known as of the date of presentation of this claim, consist of puncture wounds of the right upper leg and severe nervous shock following the dog bite. The amount claimed as of the date of- presentation of this claim is computed as follows: Medical sspenee. . . . . . . . . . . .to be s uPPlied Lost earnings. . . . . . . . . .. . . . .to be supplied General damages. . . . .. , . . . .. .$5,000.00 Prospective damages are not tanticipated imet . A11 noices or c at this.: communications with regard to this ' claim should be sent to claimant o c/ T Douglas R. Page, his . attorney, 1475 N. Broadway, Suite 402 ornia , Walnut Creek, Calif 4:. 94596, y DATED: ` January 6, 1972 IARRY KIWSLEy Bg . Atto Claimant - x t j }„F ;i 2 ��l r t.F r i 1 3 _ i 'H t , 1 � 4 O M Ln Ln v bow w t } OV 0 rr4 h PA ca go pq44 o axx -r4 cd 4.> cC 44.P N O� r cU is r a H r CD r m t to r Q d ; LO 3 a2 m 0. d 3 0 N H J N LL tn 0 la r d W r OQ � � O z � a 3 r. IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of the Board of Supervisors of the County of RESOLUTION NO. 72/18 Contra Costa Authorizing the Filing of a Disclaimer The Board of Supervisors of Contra Costa County RESOLVES THAT: The County of Contra Costa has been served as a defendant in an action to condemn certain parcels in said County, which action is now pending in the District Court of the United States in and for the Northern District of California, .entitled therein, United States of America, Plaintiff, v. 409.024 Acres of Land, more or less, in the County of Contra Costa, State of California; ANDREW P. MIKKELSEN, et al. , and Unknown Owners, Defendants, to acquire certain estates and interests as more particularly described in the Complaint and Declaration of Taking on file herein. It appears that the County of Contra Costa has no interest in the lands subject of the above entitled action, as described in the Complaint on file in said action, and the Auditor and Tax Collector of Contra Costa County advise that there are no existing liens for taxes against said lands . Said County of Contra Costa has and makes no claim to any title or interest in or to the lands subject of the above entitled action, or any compensation which may hereafter be awarded for the taking thereof, and the County Counsel is hereby directed and authorized to file an appropriate disclaimer in the above entitled action. PASSED AND ADOPTED on ,Tn n,a a ry 11 , 1972, by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: None. Chairman, board of Supervisors, County of Contra Costa State of California ATTEST: Deputy Clerk WA1;1!ER ?AASCi C .� . ot,.,ty Clerk and ex officio Clerk of the Board of Supervisors, County of Contra Costa., State of California RESOLUTION NO. 72/18 JHW:rk (7 ' COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: December 30, 1971, TO: Clerk of the Board From: John B. Clausen, County Counsel By: James A. Klinkner, Deputy County Counsel Re: U.S . v. 409.24 Acres of Land in Contra Costa County, California; Andrew P . Mikkelsen, Civil No . C-69 283 SC The County has been requested by the United States Attorneys office to file a Disclaimer in the above-entitled action. This condemnation involved the taking of a temporary- easement and right of entry and no other interests were involved, including taxes or assessments . We therefore request that you obtain authorization from the Board of Supervisors allowing the County Counsel to execute the Disclaimer in connection with the above entitled action. Attached are several copies of a resolution designed to accomplish the above . Please provide this office with three certified copies of the resolution authorizing us to execute the Disclaimer so that we may forward the appropriate papers to the United States Attorney's_ office. JAK:me At t. GTE W. T. PAASCN CLERK BOARD OF SUPERVISORS NTRA C "TA CO. Deputy Q r CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : James Paul Tobias , a minor By Margaret Tobias Address : 5715 Pine Hollow Road Clayton, California Attorney : Nichols, Williams , Morgan & Digardi 616 Central Building, Oakland 12 , California Amount: $2 ,000,000 Date Filed : December 23, 1971 By delivery to Clerk By mail , postmarked 12/21/71 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: Dec. 23, 1971 W . T. PAASCH, By i�t/�A�� Barbara Kemp, Deputy II . FROM: County Counsel ' s Office TO : Clerk of Board of Supervisors Above claim complies substantially with Government Code _zSections 910 and 910. 2 . Above claim FAILS to comply substantially with said Section ( v' : 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 : ( P--r County ' s general insurance carrier; ( rte' Other insurance carrier; ( ) County Counsel . DATED: �27 JOHN B . CLAUSEN, By e np ut yy 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 January 11, 1972— (copy of Board Order also attached ) . Please forward claim to the County ' s general insurance carrier (or see above ) • Claimant notified of this action per Government Code Sec- tion 913 on �pniiary 12, -i Q72 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED : January 12,. 1272 W. T. PAASCH, By Dorothy azzarini, 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 : Tan. � 2. 1972 Public Works , By ✓��.cQ�_,�-�-���r�-_ Count Counsel , B �. � DATED : .Tan . 12, 1972_ Y Y BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of ) Claim for Damages: } JAMES PAUL TOBIAS, a minor, ) by MARGARET TOBIAS 3 I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of Jan. 11, 1972 Board Order denying above—captioned claim, together with NOTICE OF DENIAL of same to the following: James Paul Tobias, A. minor, by Margaret Tobias c/o Nichols, Williams, Morgan,,& Digardi Attorneys at Law, 616 Central Building Oakland, California 9 .612 I declare under penalty of perjury :that the' foregoing is true and correct. Dated: January 12, 1972 , at Martinez, California . Dorothy Llazzarrhi, Deputy Clerr FILED t1-71-500 JAN 12 1972 W. T. PAASCH CLERK 8 ARD OF SUPERVISORS RA COSTA FO. ES/u� Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: JAMES PAUL TOBIAS, a minor! by MARGARET TOBIAS c/o Nichols, Williams, Morgan & Digardi Attorneys at Law Central Building Oakland, California 94616 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on December 23, 1272 was rejected by the Board of Supervisors of said county on January 11, 1272 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: January 12, 1972 W. T. PAASCH, CLERK By Dorothy hazzarini Deputy Clerk cc: Pacific Indemnitor Co. Attn: Dick Nachtsheim IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OP CALIFORNIA January 11 , 197L In the Matter of ) Claim for Damages. ) James Paul Tobias, a minor, by !argaret Tobias, 5715 Pine Hollow Road, Clayton, California, through Nichols9 Williams# !,organ & Dig;ardi, Attorneys, 616 Central Building, Oakland, California having filed with this Board on December 23, 197 2 , claim for damages in the amount of $ 21,000)000 ; NOW, THEREFORE, on motion of Supervisor A. M. Dias , seconded by Supervisor W. N. Boggess , 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. T. Moriarty, W. N. Boggess, E. A. Linscheid. 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 11th day of Jap , 1972 W. T. PAASCH, CLERK By " 016;:6-v - -- - - �z t1w La2ffAftni Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broateh County Counsel County Administrator NOTICE OF INSUFFICIENCY To. James Paul Tobias, Margaret Tobias C/o Nichols, Williams , Morgan & Digardi 616 Central Building Oakland 12 CA 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. 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, Cou Coun el By Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §51012., 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: Denamber 276 1971 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) EEC 2 KJ . PAASC�1RD OF 8UPERVl80R8 CLAIM AGAINST RA o TA Z COUNTY OF CONTRA COSTA - wputy 3 (a) Name and address of claimant: James Paul Tobias , a minor Margaret Tobias 4 5715 Pine Hollow Road Clayton, Ca. 5 (b) Send all notices to: 6 NICHOLS, WILLIAMS, MORGAN & DIGARDI 616 Central Building ? Oakland 12, Calif or nia 8 (c) Date of occurrence: November 29 , 1971 9 Place of occurrence: Ygnacio Valley Road at intersection with Clayton Road,- Concord, Ca. 10 11 Circumstances of occurrence: 12 Claimant, James Paul Tobias , was injured in an auto accident by reason of the dangerous and defective condition of- the 13 traffic control signals at said intersection. 14 (d) General description of injury, damage, or loss inaurreds . 15 Multiple injuries including severe brain injury. 16 17 18 (e) Amount of claim and basis of computations 19 General damages , $2,000,000 .00 plus unknown medical expense. 20 21 Dated: December, 213 1971 22 NICHOLS, ,WILLIAMS, MORGAN &• DIGARDI 24 Attorneys for ClaimagVs 25 NICHOLS, WILLIAMS, MORGAR & DIGARDI 26 By, dy Attorneys for Cla' ant 27 28 Receipt of a copy of the within claim is herebq 29 acknowledged this day of 196 30 31 32 NICHOLS,WILLIAMS, MORGAN i DIGAR01 ATTORNEYS AT LAW CENTRAL BUILDING OAKLAND 12. CALIFORNIA 8]2.3408 AREA CODE 415 -- o D x D is D _ Z D ti r a O m � c z _ o m z A Q N i Nb 'SJD .:.ct -S Eq IPI ct- Q W of ct �+{ CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: Thomas Ehler 2641 Kelly Address : San Pablo, California Attorney: Knox 6 Herron, Attorneys at Law 2566 Macdonald Avenue, Richmond, California 94804 Amount : $50,OOO) plus special damages Date Filed : December 24, 1971 By delivery to Clerk By mail , postmarked 12/22/71 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: / December 24, 1971W. T. PAASCH, By Barbara Kemp 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 recom end referral to : (County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . � 2 A41 DATED: JOHN B . CLAUSEN, By L—'--", Y71 I 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 January 4 1972 (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 Janua 5, 1972 , and memo thereof filed and endorsed on c aim, per Government Code Section 29703 . DATED : January 5, 1972 W. T. PAASCH, By Dorothy Uaizdriiti, 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: Jan. 5, 1972 Public Works , By o l 4 V DATED : Jan. 5. 1972 County Counsel , By L::-!/,. i BOARD -OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) THOMAS EHLER } } I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of NOTICE OF DENIAL together with copy of Board's Order denying claim of THOMAS EHLER (order of January 4, 1972) to the following: THOMAS EHLER c/o Law Offices of Knox & Herron 2566 Macdonald Avenue Richmond, California 94804 Attn: Mr. William M. Winter . I declare under penalty of perjury that the foregoing is. true. and correct. Dated: Januar 5, 1972 , at Martinez, California . orot yAazzarin , Deputy Clerk, L!-71-500 5 - 1972 W. T. PAASCH CLERK BQARD OF SUPERVISORS TRA COSTA CO. By Dam" THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: THOMAS EHUR William M. Winter Law Offices of Knox & Herron 2566 Macdonald Avenue Richmond, California 9 .804 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on December 24, 1971 Was rejected by the Board of Supervisors of said county on January k. 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an' attorney, you should do so immediately. DATED: —January 5. 1971 W. T. PAASCH, CLERK By.�1�lC`2f GGw oro az Deputy Clerk cc: Insurance Carrier r IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA 197,x,_„ In the Matter of ) Claim for Damages. ) Thomas Ehler, 26&1 gellys, 3�,�,an Pablo, .Califr�h4 anti tlhrn�taf► his attorney, 2 having filed with this Board on 71e&atnhes• 4„ 1971_, claim for damages in the amount of $ 50 „ , �A--t2. -1- zum apes3s1 ,damnagss NOW, THEREFORE, on motion of Supervisor A - BI. nye , seconded by Supervisor W_ w- nnggeso... , 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, W. N. Boggess, E. A. Linscheid, 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 klh day of jvmua= • , 1972—. W. T. PAASCH, CLERK By Dorothy Deputy �erk zgrani cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator CLAIM AGAINST THE COUNTY OF CONTRA .COSTA THOMAS EHLER presents a claim against the County of Contra Costa., State of California, in the :sum of FIFTY.THOUSAND AND, NO 100 , {$50,000) plus special damages. Claimant directs that all ,notices in connection with this C,laim, . be sent to claimant in care of KNOX & HERRON, Attorneys at Law, 2566 Macdonald Avenue, Richmond, California 94804. CLAIMANT'S ADDRESS 2641 Kelly San Pablo, California PLACE OF OCCURRENCE: - 1533 17th Street San Pablo, California DATE OF OCCURRENCE, Sunday, November 14 , 1971 6:00 p.m. SAID CLAIM ARISES FROM THE .FOLLOWING` CIRCUMSTANCES: On or about Sunday, November. 14, 1971, claimant was bitten.. by a stray cat. Claimant took said stray cat to:.Brookside Hospital and said cat-was turned over to the Animal Control Center, an agency of Contra Costa County, who were summoned there by hospital authorities The Animal Control Center:' then lost the cat, necessitating rabies treatments adminis- - tered to claimant 'ITEMS,. NATURE AND EXTENT 'OF:::DAMAGES OR- INJURIES : Fourteen days of rabies shots treatment with some adverse,,; effects ; Special Damages Still to be determined Dated this 21st day of December, 1971. KNOX && H�ERR�ON) By. William M. Winter Receipt of the above claim is hereby acknowledged on this day of December., ,1971, COUNTY OF CONTRA COSTA BY Clerk of the Boao of Supervisors r2 1971 Matt 8. Ro OAA8CEHVv DD.SOBSC �y DOPUW W4 ' N th N � N� to O O p N A v a+ c.� 3 Y" m M a 71 N H a u as '!� W o o v z�! U x 0 G', LAW OFFICCKS OF JOHN T. KNOX KNOX & HERRON TELEPHONE. E.PATRICIA HERRON 2866.MncDONALD AVENUE 237-0_� WILLIAM M.WINTER - - - . EICHMOND.CALIFORNU 94mm December 21, 1971 RSCEIV Clerk, Board of .Supervisors W i T. PAA 9 Q N Contta Costa County P. 0. Box 911 ay 14artinez, California 94553 Re: Claim of Thomas Ehler Sirs : Enclosed herewith is a Claim Against the County of Contra Costa on behalf of Mr. Thomas Ehler. Will you please return to us; an acknowledged copy of this. claim for our file. Thank you for your courtesy and cooperation in this matter. Very truly yours, KNOX & HERR.ON By William M. Winter WMW laa Enclosures Two cop es" of Claim, Return Envelope Certified Registered Return Receipt Requested In the Board of Supervisors of Contra Costa County, State of California January k -919, 22- In . 19 3.2In the Matter of Approval of "Release of all Claims" in connection with cleaning of storm drains in the vicinity of Carr Drive, Wandel Drive and Sanders Drive, Moraga Area. The County Building Inspector having recommended that the Board approve a "Release of all Claims" submitted to his depart- ment by the George Hills Company, Insurance Adjusters, agents for Gallagher and Burk, Contractor, said document referring to the cleaning of public streets, public storm drain and private prop- erty of mud and silt deposits occurring from October, 1970 through November, 1971 in the vicinity of Carr Drive, Wandel Drive and Sanders Drive, Moraga area; and The Building Inspector having reported that the aforesaid work has been inspected by his department, the Contra Costa County Flood Control and Water Conservation District and the Public Works Department and found to be satisfactory; On motion of Supervisor A. M. Dias, seconded by Supervisor W. N. Boggess, IT IS BY THE BOARD ORDERED that the recommendation of the County Building Inspector is APPROVED; and IT IS BY THE BOARD FURTHER ORDERED that the County Building Inspector is AUTHORIZED to execute said document on behalf of the County. The foregoing order was passed by the following vote: AYES: Supervisors P. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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. cc: County Building Inspector ✓ Witness my hand and the Seal of the Board of Administrator Supervisors affixed this___,ith day of January , 19 72 W. T. PAASCH, Clerk By�� t.�- . Deputy Clerk Mildred O. Ballard H 24 4/71 10M CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT 'Inter— Office Memo TO: Board of Supervisors DATE: December 27, 1971 FROM: R. J. Kraintz, County Building Inspector By: James A. Searfus, Grading Engineer /! '- SUBJECT- "RELEASE OF ALL CLAIMS" - GEORGE HILLS .CO , INSURANCE ADJU TERS SANDERS DRIVE, WANDELL DRIVE AREA OF MIORAGA. Attached is a copy of a "Release of all Claims" submitted to this department by the George Hills Company, Insurance Adjusters, agents for Gallagher and Burk, Contractor. This document refers to the cleaning of public streets, public storm drain and private property of mud and silt deposits occuring from October 1970 through November 1971 in the Wandel Drive, Sanders Drive area of Mloraga. The above work has been inspected by the Building Department, Flood Control District and the Public Works Department and, found to be satisfactory. The "Release of all Claims" document has been reviewed by the County Counsel's Office and they concur with the following requests by this department: 1. That the Board approve the "Release of all Claims" document and, 2. That the Board authorize the County Building Inspector to execute the document on behalf of the County. CEJ 7 W. T. PAASCH CLER BOARD OF SUPERVISORS By O A COST CO. Deputy JAS:ads attachment s RELEASE OF ALL CLAIMS FOR AND IN CONSIDERATION of payment of the sum of NINE THOUSAND THREE HUNDRED & FIFTY & 80/100 Dollars ($9,350.$0) to ABC Service for cleaning of storm drains in the vicinity of Carr Drive, Wandel Drive and sanders Drive, Moraga, California, we do hereby relea$e, acquit and forever discharge GALLAGHER & BURK, INC. and their agents of and from any and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses and compensation, on account of, or in any way growing out of any property damage resulting or to result from accident that occurred from October, 1970, through November, 1971, at or near the vicinity of Carr Drive, Wandel Drive and Sanders Drive, Moraga, California. It is understood and agreed that all rights under Section 1542 of the Civil Code of California which provides as follows, "Certain Claims not Affected by General Release -- A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor, " are hereby expressly waived. It is further understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment is not to be construed as an admission of liability on the part of GALLAGHER & BURK, INC. and their agents, by whom liability is expressly denied. This release contains the ENTIRE AGREEr-UMU between the parties areto, f' and she terms of this release are contractual and not a mere recital. f WITNESS hand and seal this day of 19 WITNESSES: (SEAL) (SEAL) Reel* Position# CLAIMS 1972 - January May- . 1972 - June - August 1972 1972 - September - Decemb l MAP #�-- REEL # -3 INDEX #.�--- STORED: BOX #�.. S - 00 1-, 1 �! 7 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : MARY QUINN Address : 875 Walker Avenue, Oakland, California Attorney: c/o Richard T. Bowles, Esq. , Lax Offices of Bronson, Bronson & McKinnon, Bank of America Center, 555 California St. , Amount : $154,300, as of date of presentation San Francisco, Ca. 941% Date Filed : July 28, 1972 By mail , I postmarked July 27, Certified Mail 1972 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 ections 910 and 910.2? DATED:_.Tuly 28, 1972 W. T. PAASCH, By Deanna Petrie Deputy II . FROM: County Counsel ' s Office TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code VZ/ Sections 910 and 910. 2. Above claim FAILS to comply substantially with said Section ( ✓ 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 recopmend referral to : ( County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . f DATED: 3+ JOHN B . CLAUSEN, By' e p ut 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 August 22, 1972 (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 August 22, 1972 , and memo thereof filed and endorsed on claim, per Government Code Sectiov497O3 . DATED: August 22, 1972 W . T. PAASCH, By Dorotl& Lazr�ini 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 : August 22, 1972 Public Works , By DATED: August 22, 1972 County Counsel , By `� G' BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) MARY QUINN ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of Board Order dated August 22, 1972 and copy of Notice of Denial of above—captioned claim to the following; MARY QUINN c/o Richard T. Bowles, Esq. 555 California Street San Francisco, California 91104 I declare under penalty of perjury that the foregoing is true and correct. Dated: ezR„�+ 27 1279 at Martinez, California . �~ Deputy Clerk, FILED 1 W T. PAASCH LI--71-500 CLE K RD OF SUPERVISORS RA COSTA CO. By �L �.d__ Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: MARY QUINN c/o Richard T. Bowles, Esq. 555 California Street San Francisco, California 94104 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on July 2s o 1972 was rejected by the Board of Supervisors of said county on August 22, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 915.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: August 22, 1972 W. T. PAASCH, CLERK By112ei/%Y Doroth Laz a ini Deputy Clerk cc: Pacific Indemnity Company Attn: Mr. Dick Nachtsheim IN THE BOARD OF SUPERVISORS OP ' CONTRA COSTA COURtT, STATE OF CALIFORNIA August 22 , 19742 In the Matter of ) Claim for Damages. ) Mary Quinn, 875 Walker Avenue, Oakland, California, by and through Richard T. Bowles, Esq., 555 California Street, San Francisco, California having filed with this Board on July 28 , 197-2—.. claim .for damages in the amount of $ 150,000 plus special damages ; 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. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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 thi s 22nd day of =u-qt 1972 . W. T. PAASCH, CLERK By �� ' Dorot y Lazidfini Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator NOTICE OF INSUFFICIENCY To: Mary Quinn c/o Richard -T. Bowles, Esq. 555 California St. San Francisco CA 94104 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 l.. 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 not signed by the claimant or by some person on his behalf. X 9 . Other: ThP ninim is directed to Al mPdn—C;nntrn Cnsta Trunci t ni ctri nt a nn a utnnmmns Pnti ty_ JOHN B. CLVSENCo ty C unsel By :> Deputy County Counsel MDF:mk Michael D. Farr CERTIFICATE OF SERVICE BY MAIL (C.C.P. §T1012, 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: �j111y _31 . 197p , at Martinez, California. CZ cc: Clerk of Board of Supervisors (original) Public Works Department CC-33 :250 :1/72 (Notice of Insufficiency of Claim; Govt.C. §§910, 910.22 910.43 910.8) LAW OFFICES OF B$ONSON, BaONsoN & MCKINNow BAxg of 'AMERICA CENTER wrhora .'. 555::CALIFORNIA STREET 44,3 00; SAN"FRANCISCO 94104 wKNRO July 27, 1972 _ f to of Supervisors ;., County of Alameda 1221 Oak Street Oakland, California ;r Board 'of Supervisors County ,of. Contra Costa Administration Building Martinez, California Res Mary Quinn; ' r Gentlemen_: A Please consider this _letter a formal filing,` z of. a claim with you on behalf, of Mary Quinn. I have attached hereto a copy of the ' filed with A-C Transit for your information and for all of the details. This claim is for $150,000 plus special damages. T t Please address all correspondence to the undersigned. � Very truly yours, - 1. ✓�f �/...�"/� ��� ✓fir - C ��� - r RICSARD T. ES RTB:kip ,- Enclosure _ 3 0 Reserve for Filing Stamp C L A 1901 F 1I2 Erb'L'Z%PA. A G E CLAIM No. ORIGINAL FOR FILE To r"turrteda-Conitu COSW 'r'rait1541 DiStfitt F I LED MARY QUINN Nome of claimant(if minor include north of parent and/or guardian) c 875 1 alker l�;;ui.0 13"'kiand California W. T. PAASCj1 _ �__ r CLERK BOARD OF SUPERVISORS Post Office Address of Claimant(including city and stat*) NTRA T O. c/o Richard T. Bowles , Esq. By( � Deputy 555 California St. , San Francisco, CA 94104 391-4500 Post Office Address when notices are to be sent T Telephone Number 1. When did damage or injury occur?Give date,time of day April 30 , 1972, approximately 10: 45 a.m...r_ _. 2. Where did damage or injury occur?Give location of streets and city:_ Linda Avenue and Grand Avenue Oakland, California 3. Were you o passenger District vehicle? Yes Other vehicle? Driver of other vehicle? Pedestrian? Owner of other vehicle or property? 4. How did damage or injury occur?Give full particulars(Attach separate sheet if necessary— Driver turned corner so fast that claimant propelled off of seat onto floor. 5. What damage or injury do you claim resulted?Give full extent of injuries or damage claimed: _ Fractured right hip. 6. The amount claimed as of the date of presentation together with the basis of computation thareof.(Itemized damages,both general and special, and attach copies of itemized bills or other verification, one copy only.) General Damages $150, 000 — Special dar.ages in excess of $4, 300 to date. 7. Flames and addresses of witnesses Driver of Bus — knotm to you S. games and addresses of doctor or doctors Dr. MCIyor and Dr. Hart 4. Names and addresses of hospital or hospitals Providence Hospital; Lakeshore Convalescent Hospital t / / sigaorurs SEE OTHER SIDE FOR INSTRUCTIONS FOR FILING IWO O mZ p O 7- 0 A yr3t z 9 O Opt O >-+ • - cr) b z Z s-3 c.� . c.r► crn • c r- N H N CY � n� Y0 O Sv tvi 0t 1''• N N c A m: _ t CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: FRANK LLOYD KASTL, JR. Address : 5001 Blum Road, Martinez, California Attorney: GEORGE W. KILBOURNE, Attorney at Lata, 70 Doray Drive, Pleasant Hill, California Amount: X759000 Date Filed : July 25, 1972 not By mail , postmarks el g bTe 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 9 0 and 910.2? DATED: July 25, 1972 W. T. PAASCH, By fdor,40**L�a`�zfni 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 expare'd_. We recopuemd referral to : ( County 's general insurance darner; ( Other insurance carrier; ( County Counsel . ' DATED: �7 44. h172 JOHN B . CLAUSEN, By D6put 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 August 15, 1972 (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 August 17, 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 2 7O3 . DATED : August 17, 1972 W . T. PAASCH, By Dom by zzarini 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 : Aug. 17, 1972 Public Works , By 1 ' DATED : Aug, 17, 2972 County Counsel , By h4__ c.�* , NOTICE OF INSUFFICIENCY To: Frank Lloyd Kastl George W. Kilbourne 5001 Blum Road 70 Doray Drive Martinez CA 94553 P.O. Box 23576 Pleasant Hill CA 94523 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 not signed by the claimant or by some person on his behalf. 9. Other: R 1972 JOHNJ�. CLA ,SEN, Count ounsel W. T. PAASCH CLERK BOARD OF SUPERVISORS TRA COSTA CO. By% C/ By Deputy, eputy County Courisel 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: July 27 , 1972 , at Martinez, California. I 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) 1 GEORGE W. KILBOURNE Attorney at Law 2 70 Doray Drive (P.O. Box 23576) Pleasant Hill, California 94523 3 Telephone: 885-5100 F I €' , MEN4 5 Attorneys for Claimant J!)L 2s 1272 W. T. PAA0,30I-1 CLURK BOARD OF SUPERVISORS 6 CO RA COSTA CO. sY Gi 7 8 IN THE MATTER OF THE CLAIM OF ) 9 FRANK LLOYD KASTLy _JR. } Claimant 10 -v- ) CLAIM FOR PERSONAL INJURIES_ 11 RODEO FIRE DEPARTMENT, THOMAS ) EDWARD D. BIRDWELL 12 Respondent ) 13 TO THE BOARD OF COMMISSIONERS, RODEO FIRE DEPARTMENT, 14 AND TO THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 15 YOU, AND EACH OF YOU ARE HEREBY NOTIFIED that in compliance 16 with §910 of the Government Cede of the Statecf California, 17 FRANK LLOYD KASTL, JR. , of 5001 Blum Road, Martinez, California, 18 hereby claims damages from RODEO FIRE DEPARTMENT in the amount 19 computed as of the date of this claim of $75,000.00. 20 This claim is based upon injuries and damages sustained by 21 said claimant on or about June 29, 1972, when claimant was 22 directing traffic at the scene of a vehicle fire on a public 23 highway and was struck and/or run into by an employee of the 24 Rodeo Fire Department, to wit: THOMAS EDWARD D. BIRDWELL, while 25 driving on the wrong side of the road in a non-emergency 26 vehicle. -1- r 1 The amount of this claim as of the date of this presentation 2 is as follows: 3 DAMAGES INCURRED TO DATE: 4 Hospital and medical $unknown still treating 5 General Damages $750000,00 6 TOTAL AMOUNT OF THIS CIAIM AS OF 7 DATE OF THIS PRESENTATION 75,000OOf 8 ESTIMATED PROSPECTIVE DAMAGES 9 Hospital and medical $unknown 10 Estimated Future General Damages $75,000.00 11 TOTAL AMOUNT CLhIMS $75j000-00 12 13 All notices should be sent to claimant at 5001 Blum Road, 14 Martinez, California, and to claimants attorney, GEORGE W. 15 KILBOURNE, 70 Doray Drive, P.O. Box 23576, Pleasant Hill, 16 California. 17 DATED: July '24, 1972. 18 19 20 Attorney for Claimant 21 22 23 24 25 26 -2- ro � r tn a . a m G a x � a•. z r9 ° Z r pa 0 O > m A x t � z � d z •-.� A H C,� H t7'En 00 H W C is ^^ > 0 n w rt o � w0En N � K 'O v rt O pi n r• rt- to 0 r-twow O r IA so rt :r CC. BOARD 07 SUPERVISORS, CONTRACOSTA COUNTY,, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) FRANK LLOYD KASTL, JR. ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United Stat6s Post Office in Martinez, California, postage fully prepaid, a certified copy of THE BOARD'S ORDER of August 15, 1972 DENYING the above—captioned claim, together with notice of such denial dated August 17, 1972 to the following: FRANK LLOYD KASTL, JR. c/o George W. Kilbourne Attorney at Law Post Office Box 23576 Pleasant Hill, California 94523 W/ copy to: Mr. Frank Lloyd Kastl, Jr. 5001 Blum Road Martinez, California 94553 I declare under penalty of perjury that the foregoing is true and correct. Dated: August 17, 1972 , at Martinez, California . Dorothy Lazzarini eputy Clerk ' IFILED 17 1972 W. T. PAASCH _'71_L,'QO L183LA EaK BOARD OF SUPERVISORS O RA COSTA CO. Qom- Deputy 1 i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ( - Administration Building, Room 103 P. 0. Box 911 Martinez, California To: FRANK LLOYD KASTL, JR. c/o George W. Kilbourne Attorney at Law Post Office Box 23576 Pleasant Hill, California 94523 i NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on July 25, 1972 was rejected by the Board of Supervisors of said county on August 15, 1972 • WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action' on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an f attorney, you should do so immediately. DATED: August 17, 1972 W. T. PAASCH, CLERK i By /✓Q2 .� �z cc: Pacific Indemnity Company Doroth Laz2ral-ini 4341 Piedmont Avenue Deputy Clerk Oakland, CA 94611 #' Attn: Dick Nachtsheim IN THE $OARD OF SUPERVISORS a: OF CONTRA COSTA CSOUNTY, STATE 0PCALIFORNIA Au¢u�is In the Matter of ) Claim for Damages. ) Frank Lloyd Kastl, Jr., 5001 Blum Road, Martinez., California by and through his attorney, George W. Kilbourne, 70 Doray Drive, Pleasant Hillp California having filed with this Board on July 25 , 197 2 , claim kor damages in the amount of $75,000 (computed as of the date of claim) ; NOW, THEREFORE, on motion of Supervisor A. M. Dias , seconded by Supervisor J. Be 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: AYESSupervisors A. M. Diasp J. Be Moriarty, Be A. Linscheid. NOES: None. ABSENT: Supervisors J. P. Kenny, W. N. Boggess. 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 t i _151h day of August , W. T. PAASCH, CLERK Dorothy/LazzWini Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator - i L'' 7� ,.t In the Board of Supervisors of Contra Costa County, State of California August 15 19 In the Matter of Authorizing Release to C al- Farm Insurance Company in connection with Superior Court Action No. 130710. On motion of Supervisor A. M. Dias, seconded by Supervisor J. E. Moriarty, IT IS BY THE BOARD ORDERED that Supervisor E. A. Linscheid, Chairman, is AUTHORIZED to execute a Release to Cal-Farm Insurance Company in connection with Superior Court Action Number 130710, County of Contra Costa vs . Jaime Ortega, et al, said company having deposited $7,090 with the County Treasurer to cover the cost of medical services rendered by the county, pending the outcome of the aforesaid suit. The foregoing order was passed by the following vote of the Board AYES: Supervisors A. M. Dias , J. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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. cc: County Counsel Witness my hand and the Seal of the Board of County Welfare Director Supervisors County Medical Director ofFxed this 15th-day ofA,ig ,s . , 19 -72- County 9 -72-County Administrator W. T. PAASCH, Clerk County Auditor By Deputy Clerk Elsie Ott W74 11/71 10M . RELEASE WI•iEREAS, a petition for order .approving compromise of minor's claim, entitled Ireneo Ortel;a, Petitioner, In re Jaime Ortega, a minor; being; Superior Court of the •State of California in and for the County of Contra Costa No. , R-�21234 , was filed on March 15, 1972; WIIFREAS , in said petition it was alleged that Ireneo Ortega was owner of an automobile insurance policy• issued by Cal-Farm Insurance Company , which contained ,'statutory uninsured motorist provisions ; and WHEREAS, in said petition iti.was requested that the Court approve a compromise of minor's claim against said Cal-Farm , Insurance Company wherein Cal-Farm ',would pay the sum of $15000 .00 to Ireneo Ortega as guardian of Jaime Ortega, a minor, as full . settlement of any obligation it might have to said Jaime Ortega and Ireneo Ortega arising from the .injuries received by Jaime Ortega In an accident occurring on or about April 8, 1970 under the uninsured motorist provision of the automobile insurance policy issued to Ireneo Ortega; and WHEREAS, in said petition it 'was requested the County of Contra Costa's claim in the amount of $7,090 .00 for medical care rendered to Jaime Ortega, not be paid from the proceeds realized from the settlement ; and WHEREAS, the County of Contra Costa has objected to the compromise and has filed a complaint to recover the costs of medical care rendered to Jaime Ortega, entitled County of Contra Costa v. Jaime Ortega, et al. , being Superior Court of the State of California in and for the County of Contra Costa No. 130710 ; and WHEREAS, Cal-Farm's motion for deposit of funds of the minor's compromise pending the outcome of said litigation has been granted; -and WHEREAS, the Court has approved the minor's compromise and .ordered that the sum of $7 ,090 .00 from the proceeds be deposited by Cal-Farm Insurance Company with the Treasurer of Contra Costa County pending the outcome of said litigation, and that Cal-Farm be furnished executed releases by the parties , NOW THEREFORE. -the County of Contra Costa, in consideration - of the deposit of $7 ,090 .00 with the Treasurer of Contra Costa County by Cal-Farm Insurance Company pursuant to Court Order, for itself and its assignees , does hereby fully release Cal-Farm Insurance Company from all claims and causes of action by reason of any injury or damages which have been sustained or may be sustained by the County of Contra Costa as a result of the aforementioned occurrences . This release is limited to Cal-Farm Insurance Company and in no way prejudices the County of Contra Costa in the pending .litigation entitled County of Contra Costa v. Jaime Ortega, et al. Executed on August 15, 1972 , at Martinez, California. 'ri,(4 Chairmana , Bord o upervisors JOHN B. CLAUSEN County Counsel k By Michael D: Farr Deputy County Counsel MDF:ed'. j . ' CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: PETER CONFER and GEORGELLEN CONFER Address : 1200 Contra Costa Boulevard, Concord, California 94523 Attorney: ORR, VIENDEL & LAI%LOR, Attorneys at Law, 1020 Central Building, Oakland, California 94612 Amount: $48,155 , computed as of dated presentation Date Filed : July 18, 1972 ��t�Xxxx�Lx By mail , postmarkedlv l7, Certified Mail 1972 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 ections ie910 a d 910.2? DATED: July 18, 1972 W. T. PAASCH, By eanna Petr 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 reco end referral to : ( County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . f DATED: 7,7- JOHN B . CLAUSEN, By Deputy III . FROM: Clerk of Board of Supervisors = ♦t TO : (1 ) Public Works Department, Attention"-Bus niss: .& Services Manager (2) County Counsel ' s Office - ticy Attached are copies of above claim which was REJECTED by the Board of Supervisors on August 8, 1972 (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 August 10, 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . r DATED : August 10, 1972 W. T. PAASCH, By ;k;r�o& L 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 : August 3„0, 1972 P u b 1 i c Works , By DATED : August 10, 1972. County Counsel , By RECE11irn JUL 18 11972 COUNTY CSC •:3EL MARTINEZ. [;,',LTIF. BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) ) PETER CONFER & GEORGELLEN CONFER) ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of The Board's order of August 8th, 1972 denying the above—captioned claim, together with "Notice of Denial" of same to the following: PETER CONFER & GEORGELLEN CONFER 1200 Contra Costa Boulevard Concord, California 9 .523 I declare under penalty of perjury that the foregoing is true and.: correct. Dated: August 10, 1972 , at Martinez, California. Dorot Lazzarini Deputy erk FILED I (�1972 -71-500 W. T. PAASCM Lylj� LERK 8 RD OF SUPERVISORS RA COSTA CO. Deputy _ r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: PETER CONFER and GEORGELLEN CONFER 1200 Contra Costa Boulevard Concord, California 9 .523 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on July 189 1972 was rejected by the Board of Supervisors of said county on August 8, 1972 . WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: August 10, 1972 W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk cc: Pacific Indemnity Attn: Mr. Dick Nachtsheim IN THt BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA August 8 In the Matter of ) Claim for Damages. ) Peter Confer and Georgellen Confer, 1200 Contra Costa. Boulevard, Concord, California, by and through Orr, Wendel & Lawlor, Attorneys at Law, 1020 Central Building, Oakland, California . r having filed with this Board on July 18 197 2 , claim for damages in the amount of $ 48,155, as of presentation of claim ; 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. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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 8t i day of _ August , W. T. PAASCH, CLERK By Doroth)rLaztWini Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator Building Inspector City of Lafayette '� OVI)Tlt[r OFFICE OF COUNTY COUNSEL. ►AUL T� w. .AKCR•M, d� t 1J O[RALD A..ECK[R RICHARD A. .O In '1 CONTRA COSTA COUNTY MICHA[L O. ►A RR HOW ARO T, OOH/A V" j G` COURT NOU[[, TOP►LOOA JAMS A. RIINKN [DWARD V. LAN[ JOHN 8. CLAUSEN �.o. Box so HE COUIiT1l COUN![L MARTINEZ. CALIFORNIA /4/// ARTHUR W.w Lt A SII. S[ORot W. MCCLURt ►Nowa 1415) aaaseM WILLIAM W. WAMO Itl CMIEP DEPUTY VICTOR A August 1, 1972 Mr. E. C.. Marr er, City Manager City of Lafay to 975 Oakland treet ' Lafayette A 94549 Re: Claims of Peter and Georgellen Confer Dear Mr. Marriner: f Enclosed is a copy of the above-referenced claim against the City of- Lafayette and County of Contra Costa. Our review of the claim discloses that the claim expressed against the County Is based upon alleged activities of Mr. Kraintz acting as building inspector for the City and under the direction of the City Council of the City of Lafayette . Therefore, if any subsequent legal action is filed against the County or Mr. Kraintz in this matter, we shall recommend that the case be referred to the City for defense of the County under the hold harmless pro- visions contained in the Joint Exercise of Powers Agreement, Building Inspection, dated July 8, 1969, between the County and City of Lafayette. j This office will advise the Board of Supervisors to reject Claim in question. ii Very truly yours , t John B. Clausen County Counsel NICHAEL D. FARR . By: Michael D. Farr Deputy County Counsel MDF:ed cc : County Administrator Attn: Frank Fernandez flEC �'I Ej'� c Public Works Attn: R. D. Broatch Clerk of the Board ✓ hiw 11 19172 Attn: Geraldine Russell W. T, PAASCH. Pacific Indemnity CLERK VARD OF SUPERVISORS Attn: John A. Bohman sy TRA cosrA co.Deputy R. J. Kraintz FILLED 1 ORR, WENDEL & LAWLOR ��� /� X972 Attorneys at Law 2 1020 Central Building W. T. PAASCH CLERK BOARD OF SUPERVISORS Oakland, California 94612 CL 3 „CoNTRA C _ By _ Deputy Attorneys for Claimants 4 5 6 Claims Of 7 PETER CONFER and GEORGELLEN CONFER, } 8 Claimants, }. CLAIM FOR DAMAGES Z Section 910 9 vs. } California Government } Code 10 CITY OF LAFAYETTE, a Municipal ) Corporation, and COUNTY OF CONTRA j 11 COSTA, a Local Public Entity. Z . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . } 12 - 1S TO THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AND TO THE BOARD OF SUPERVISORS OF 14 THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA: . ` 15 YOU ARE NOTIFIED that PETER CONFER and GEORGELLEN CONFER., 16 his wife, whose mailing address is 1200 Contra Costa Boulevard, 17 Concord, California, 94523, claim damages from the CITY OF 18 LAFAYETTE, a municipal corporation, organized and existing under . 19 and by virtue of the laws of the State of California, and of 20 the COUNTY OF CONTRA COSTA, a local public entity of the State of 21 California, in the amount computed as of the date of presentation 22 of this claim, of the sum of $48 ,755 .00. 23 This claim is based on the monetary loss and the damages 24 sustained by claimants by reason of the following facts: 25 On or about September 8 , 1971, the CITY OF LAFAYETTE checked 26 and approved certain Plans and Specifications submitted to it by ORR.WENDEL & LAWLOR ATTORNEYS AT LAW 1020 CENTRAL BUILDING OAKLAND. CA.94612 44151 634.6600 I claimants for the construction of a dwelling to be constructed 2 upon Lot 19, Tract 2984 , Contra Costa County, commonly known and 3 designated as 1080 Falmouth Drive, Lafayette, California; that 4 on or about October 3, 1971, the COUNTY OF CONTRA COSTA duly 5 issued a Building hermit authorizing claimants to construct a 6 dwelling upon the above described real property, in accordance with said Plans and Specifications. 8 That in accordance with said Permit, claimants commenced 9 the construction of said dwelling upon said lot in accordance 10 with the. said Plans and Specifications. 11 That after said dwelling was over sixty percent (60%) 12 completed, the CITY OF LAFAYETTE, through its City Manager, 13 E. C. Marriner, requested claimant PETER CONFER to attend a 14 public Council meeting held on April 18 , 1972. PETER CONFER 15 accepted the invitation and did attend the public meeting held 16 at The Veteran's Memorial Building, 3491 Mount Diablo Boulevard, 17 Lafayette, California, on said date. 18 PETER CONFER, for many years, has been and now is a member 19 of the architectural and planning firm of CONFER, CROSSEN & 20 NANCE, which firm has a statewide reputation for excellence in 21 the field of architecture and building planning. 22 That at said meeting, PETER CONFER and the architectural 23 firm of CONFER, CROSSEN & NANCE were held up to public ridicule, 24 contempt and obloquy, and their professional reputations were 25 publicly attacked by certain members of the City Council of 26 the CITY OF LAFAYETTE. ORR.WENDEL& LAWLOR -2- ATTORNEYS AT LAW _ 1020 CENTRAL BUILDING OAKLAND. CA. 94612 (4151 1134-6600 . 1 That as a result of said Council meeting, the CITY OF 2 LAFAYETTE issued a request to the COUNTY OF CONTRA COSTA, 3 requesting that it issue a "Stop Work" Order to claimants if they 4 continued the construction of said dwelling in accordance with 5 the approved Plans and Specifications and Permit. That there- 6 after, on or about April 24, 1972, and again on May .l, 1972, the 7 COUNTY OF CONTRA COSTA, by its Building Inspector Department, 8 issued "Stop Work" Orders which caused claimants to cease the 9 construction of said dwelling in accordance with said Plans and 10 Specifications. 11 That claimants , in order to secure the right to construct 12 said dwelling in accordance with said Plans and Specifications 1S and the Building Permit issued to them, were compelled to and 14 did engage the services of attorneys , and on or about June 1, 15 1972, secured a Permanent Injunction from the Superior Court of 16 the 'State of California in and for the County of Contra Costa 17 which permitted them to continue with the construction of the 18 said dwelling. 19 The names of the public employees causing the damages and 20 loss are: 21 1. James L. Davy 22 2. Ned Robinson Y I 23 3. Robert M. Fisher 24 4. Walter H. Costa 25 5 . All members of the City Council of . 26 the City of Lafayette, and ORR.WENDEL& LAWLOR q ATTORNEYS Al LAW -3_ - 1020 CENTRAL BUILDING OAKLAND. CA. 04612 14161 034-6600 1 6. E. C. Marriner, City Manager of the 2 City of Lafayette, and _ 3 7 . R. A. Kraintz, Building Inspector, 4 County of Contra Costa, State of California. 5 The amount claimed, as of the date of the presentation of 6 this claim, is computed as follows : 7 Total of 26-1/2 working days' delay from April 24 1972 8 to June 1, 1972. 9 Critical path delay costs : 10 1• Framing and first layer of siding $1.1500.00* . 2. Sheet metal flashing 100.00 11 3. Second layer of siding 11000.00* 4. Roofing 200.00 12 5. Staining - extra labor 200. 00 6. Glazing 300. 00 13 7. Heating and air-conditioning (cannot finish) 400. 00 14 *10 working days - Costs at $30. 62 per hour 15 Other costs: 16 1. Equipment rentals & trailer costs 1? at $150/month $ 75.00 2. Insurance - Workmans Compensation 20.00 18 3. Loan costs - interest 200. 00 4. House rental past July 15 (2 weeks) 150.00 19. 5. Labor loss due to daily harrassment 100. 00 6. Moisture damage to interior finishes 300. 00 20 7. Additional management time - 30 hrs. 750. 00 at $25. 00 (Extra time due to City 21 action not anticipated in normal construction) 22 Total of Delay of Construction $5,295 .00 23 24 Attorneys ` fees necessary to secure Permanent Injunction $2,860.00 25 Emotional Distress by reason of the 26 official actions of the City Council of the City of Lafayette and as a result of the ORR. WENOEL& LAWLOR public meeting $15,000.00 ATTORNEYS AT LAW 1020 CENTRAL BUILDING -4- OAKLAND. CA. 94612 14151 634-6500 1 Loss and damage to business reputation $15 ,000.00 2 Estimated prospective general damages $10,000.00 3 4 TOTAL CLAIM as of presentation of this claim $48 ,155.00 b - 6 All notices or other communications with regard to this 7 claim should be sent to the claimants at 1200 Contra-Costa 8 Boulevard, Concord, California. 9 Dated; June' , 1972. 10 11 . 12 13 14 15 Claimants 16 17 - ORR L & LAWLOR - ' �Atto eys for Cla ants 20 21 22 - F 23 24 - 25 26 ORR.WENDEL& LAWLOR ATTORNEYS AT LAW " 1020 CENTRAL BUILDING OAKLAND. CA.94612 - 14151 634-4600 - - - - ORR, WENDEL S LAWLOR J,CLAYTON ORR ATTORNEYS AT LAW TELEPHONE DAVID I.WENDEL 1020 CENTRAL BUILDING AREA CODE 415 VICTOR D.ROSEN 834-6600 LAWRENCE S.SIMON 436-14TM,STREET EUGENE K.LAWLOR OAKLAND*CALIFORNIA 94612 „ DONN L.BLACK NEIL R.ANDERSON MICHAEL A.DEAN OUR FILE NUMBER WILLIAM H.KIMBALL July 17, 1972 STEPHEN H.CORNET Sin-7-�nd ED W, T. PAASCH AtAtAK 00 RO OF SUPERVISORS Clerk of the Board of Supervisors �q pa A c County of Contra Costa 1:v Courthouse Martinez, California 94553 Re: Peter Confer and Georgellen Confer vs. City of Lafayette, a Municipal Corp. , and County of Contra Costa, a Local Public Entity : Dear Sir: Enclosed, please find "Claim for Damages, Secti obn'- .9,10; California Government Code" in the above matter. Very truly yours, ORR, WENDEL & LAWLOR D Hinckley Secretary` to Lawlor /dh. Enc l. " . b O � � N � a ° Di a0mSO O � � z zQ o to r M zMC '> mr ; • { p r f--Y z co N Q Co r G` 0o 000 SvOOH tD Yt cit' ('t" ' N O O N G O tit U2 tit a Om Ha Fl- rt W o a °� n n �. o a r cn O (t• tit 2 S. p1 pLn q Ln .�`` W •► OO V V r s In the Board of Supervisors of Contra Costa County, State of California AS EX OFFICIO THE GOVERNING BOARD OF CONTRA COSTA COUNTY STORM DRAINAGE DISTRICT ZONE NO. 10 August 8 19 72 In the Matter of Authorizing Offer of Compromise in Johnson, et al . v. Contra Costa County Storm Drainage District Zone No . 10, Superior Court No. 113457 There being a possibility that certain issues in Johnson v. Contra Costa County Storm Drainage District Zone No . 10 m ght be resolved against Storm Drainage District Zone No. 10 and thereby result in damages being assessed against said Zone, On motion of Supervisor Moriarty, seconded by Supervisor Boggess-, IT IS BY THE BOARD ORDERED that the County Counsel is AUTHORIZED to offer to plaintiffs pursuant to Code of Civil Procedure Section 998 in complete settlement of said litigation an amount not •to exceed Nine Thousand Two Hundred Dollars ($9,200 .00) . The -foregoing order was passed .by the following vote: i AYES : Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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 cc : Administrator Supervisors Flood Control affixed this 8th �y of August , 19 72 Auditor County Counsel W. T. PAASCH, Clerk 3 Deputy Clerk Elsie Pigo H 24 8/70 10M EVL:me IN THE. BOARD OF' SUP9RVI3ORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the matter of authorizing ) Settlement of Pending ) RESOLUTION N0. 72AI2 Litigation, Delta Road Bridge, ') Marsh Creek, Knightsen Area. ) The Board of Supervisors of Contra Costa County RESOLVES THAT: In the pending legal action of Contra Costa County v. Oscar C. Holmes Inc. C.C.C. Flood Control District et al. Action No. 107021 the plaintiff, Contra Costa County is suing Oscar C. Holmes , Inc. , and .the Contra Costa County Flood Control District for the estimated cost of restoring the Delta Road Bridge damaged as a result of a winter storm. At the time the bridge was damaged it was estimated that it would cost the County approximately $111 ,500 to restore it . The former Delta Road Bridge was not restored or replaced in kind. Instead, a new bridge was built with substantially increased width and a different structural design. The principals (attorneys) for Oscar C. Holmes , Inc . , and the Flood Control District .have offered to settle the above-noted litigation by the payment of the sum of $12 ,500 to the County. The County Counsel's Office has recommended that the County should accept the proposed settlement of $12,500. The County 's Public Works Director has stated that he has no objection to this proposed settlement . This Board hereby approves the proposed settlement of $12 ,500 and authorizes the County Counsel to enter and execute on behalf of the County any settlement agreement , .release or stipulation- necessary for the final resolution of Action No. 107621. Further, upon execution and consummation of any such agreement , release or stipulation, the Auditor-Controller is authorized to accept when presented a check in the amount of $12,500 from Oscar C. Holmes , Inc. , and the Flood Control .District to complete payment pursuant to the said settlement. PASSED AND ADOPTED on August B , 19729 by this Board. CERTIFIED COPY CC= Mr. Holmes C/O i certify that this is a full, true &.correct copy of Flood Contr l . the original document which is on file in my office. Flood Control and that it was passed & adopted by the Board of Piib11C Works (2). :ul)ervisors of Contra Costa County, California' or: Co t01' i.e date'shown. ATTEST: t�'. T. PAASCH, count Goauty Couneel (2) :lerk&ex-officio clerk of said Board of Supervisors, by deputy clerk. on d' y7Z VJW:mk • RESOLUTION NO. 72/ 495- COUNTY COUNSEL'S OFFICE j CONTRA COSTA COUNTY i MARTINEZ, CALIFORNIA Date: July 289 1972 To: Victor W. Sauer, Public Works Director From: John B. Clausen, County Counsel ✓id By: Victor J. Westman, Deputy County Counsel Re: Settlement of the Delta Road Bridge Litigation In accordance with our prior conversation would you please place the attached item on the Public Works Department 's agenda for August 8, 1972. Also attached for your file is a copy of the resolution to be adopted by the Board on August 8th concerning this matter. The typed original copy of the resolution has been sent directly to the Clerk of the Board. RECEIVED '72 W. T. PAASCFI CLE�K BOARD � F SUPERVISORS /� TA CO: BY eputy VJW•ed Attach. SUPERVISORIAL DISTRICT V Item DELTA ROAD BRIDGE - MARSTI CREEK AREA It is recommended by the County Counsel that the Board of Supervisors approve a settlement of Contra Costa County by OsSuperior Court Action No. 107621 proposeC ntrolcar DistrictC. ltos � Inc . , and the Contra Costa County Flood pay the County $12,500 for the estimated cost of restoring the Delta Road Bridge damaged as a result of a winter storm. f ` I�'urther, it is recommended that the Board authorizeth3ettle Cy ount Counsel to execute on behalf of the Cfinalounty n4•esolution ment agreement or release necessary for the e Public Works Director concurs of Action No. 107621. Th with this proposal. i s 7 VJW:ed •` r CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimants Robert C. Tabor and Susan Tabor Address : 3168 Bonifacio Street, Concord, California, 94520 Attorney: James H. Disney, Attorney at Law, 3325 Clayton Road, Concord, California, 94520 Amount: $30,000 Date Filed : July 31, 1972 By mail , postmarkedJ�8, 1972. . . . 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: July 31, 1972 W. T. PAASCH, By Dorothy 4,anyarigi, 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 ` 1'5.'days:= after-- notice is given by this office ; : / ( ) Do not file claim, time limits have expired . We reco nd referral to : County ' s general insurance carrier; Other insurance carrier; County Counsel . t DATED: I J�, l ? 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 August 8 1972 (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 August_ 9, 1972 , and memo thereof filed and endorsed on ca1 im, per Government CodeSection 29703 . DATED: _ umst 4. 1972 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 : August 9, 1972 Public Works , By /'' - ✓"�; _.Z, DATED : August 9. 1972 County Counsel , By BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Platter of Claim for ) - Damages : ROBERT C. TABOR and ) SUSAN TABOR, Claimants ) I declare under. penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: Boardts order of August 8, 1972, together with "Notice of Denial1t of above-captioned claim to the following: ROBERT C . TABOR and SUSAN TABOR c/o James H. Disney, Attorney at Zara 3325 Clayton Road Concord, California 9 .520 I declare under penalty of perjury that the foregoing is true and correct. Dated: August ,9. 1972 , at Martinez, California . eputy er FILED 4-71-500 91972 W. T. PAASCH CLERK BOARD OF SUPERVISORS ONTRA C I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. O. Box 911 Martinez, California To: ROBERT C . TABOR & SUSAN TABOR c/o JAMS H. DIShE,,Y, ATTORNEY AT LAW 3325 Clayton Road Concord, California 94520 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on July 31, 1972 was rejected by the Board of Supervisors of said county on August 8, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection With this matter. If you desire to consult an attorney, you should do so immediately. DATED: August 9, 2972 W. T. PAASCH, CLERK By. Deanna Petrie Deputy Clerk cc : Pacific Indemnity Company Attn: Mr. Dick Nachtsheim IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA August 8 , 197L2 In the Matter of ) Claim for Damages. ) Robert C. Tabor and Susan Tabor, 3168 Bonifecio Street, Concord, California 94520, by and through James H. Disney, Attorney at Law, Clayton Road. Concord, California 94520 having filed with this Board on July 32 , 197 2 , claim for damages in the amount of $ 30,000 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. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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 Aurtust , 197—?-- W. T. PAASCH, CLERK By, _ Dbeapn yP erk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator Building Inspection CLAIM AGAINST THE COUNTY OF CONTRA COSTA STATE OF CALIFORNIA T0: BOARD OF SUPERVISORS l L E LD County of Contra Costa i f J L 3 1972 Administration Building Martinez, California W. T, PAASCH CLCRK BOARD OF SUPERVISORS Attention: W. T. PAASCH, Clerk CA COSTA W. O BYE , Deputy ROBERT C. TABOR and SUSAN TABOR hereby make a claim against you for damages in the sum of $30,000 for injuries sustained as a result of an ORDER TO STOP WORK made on or about July 15, 1972, which said order prevents claimants herein from constructing a dwelling on the premises hereinafter described. Claimants are the owners of said property. Claimants reside at 3168 Bonifacio Street, Concord, Calif- ornia, 94520. Notices should be sent to JAMES H. DISNEY, Attorney-.at Law, 3325 Clayton Road, Concord, California. The occurrence which gives rise to the claim asserted herein is described briefly as follows: Prior to July 15, 1972, claimants were issued Building Permits that allowed for the construction of a single family residence upon claimants property situate at and near the intersection of Boulevard Way and Boulevard Court, Walnut Creek, California. Said property is more particularly described as follows: Parcel "B" as shown on the Record of Survey, M.S. #236-66, filed December 21, 1966, in Book 46 of Licensed Surveyors Maps, at page 13, Contra Costa County Records, excepting therefrom the easterly 10 feet thereof, as granted to Contra Costa County, by deed recorded in Book 5291, page 438, and in Book 5330, page 381, Official Records. On or about July 15, 1972, the Building Inspection Depart- meet of the County of Contra Costa ordered claimants, and JAMES H. DISNEX ATTORNEY AT LAW - 3118 CLAYTON ROAD - CONCORD.CA EMIUVIA 84520 TELEPHONE 687-7100 claimant's contractor, to cease and. desist in the construction of the family dwelling on said property. Claimants property has been, and is, damaged as a result of said conduct by the said County, and contract rights and obli- gations between claimants and other parties have been interfered with and impaired as a result of said cordeut by said County. . DATED: July 27, 1972 JAMES H. DISNEY, Attorney at Law, .. . acting onbehalfof the above named claimants. z _ r ' a j t ' JAMES H. DISNEY RECEIVED ATTORNEY AT LAW 3110 CLAYTON ROAD �I j) 17 ���^ CONCORD.CALIFORNIA 94620 ,At 11 c TELEPHONE 697-7100 E YY� �. P A R S H H CLER=ON F SUPERVISORS OT CO. ey 'J U L 2 81972 eauty PAASGDeW. T.O. Box 91•Martinez, Cali Re: Enclosed for filing Dear Sir: Enclosed for your attention are the following �LING-. Complaint Stipulation Declaration Petition Demurrer Memo Answer C L-lp:).i rr\ FOR ISSUANCE AND RETURN: Summons Order to Show Cause Writ TO PRESENT FOR SIGNATURE TO THE HONORABLE JUDGE: Order FOR SETTING THE CHECKED ITEM FOR HEARING ON at in SPECIAL INSTRUCTIONS: WWXPlease conform and return the extra copies. Our check in the amount of $ is enclosed. Very try rs , JAMES H. ISNEY JHD 11-b9-1M a � a w In � o r o 77 � O � 9 O � a a- cr -'-� Y Nto fi 0 *Qxi t Y ``CO ' WJ O K '7d O CT s m • � A 2 '> t CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: PATRICIA BENEDICT Address : 1005 Ramer Court, Concord, California 94520 -19Wg Agent: Richard S. Youngdale of Lincoln, LaChance & Youngdale, 1540 San Pablo Avenue, Oakland, California Amount: approximately $227 — $293 (estimates) 94612 Date Filed : July 27, 1972 By delivery to Clerk via Public 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 10 and 910. 2? DATED: duly 27, 1972 W. T. PAASCH, By or by zzarini 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; ( ) .o not file claim, time limits have expired. �We rec end 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 August 8, 1972 (copy of Board Order also attached ) . Please forward t is claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on August 9 1972 , and memo thereof filed and endorsed on c aim, per Government Code Section 29 3 . r DATED : August 9, 1972 W. T. PAASCH, By D�Annm�Le �rja 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 . r DATED : August 9. 1972 Public Works , By -�1-,,, DATED: August 9, 1972 County Counsel , By a � ,� J BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA. AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) ) PATRICIA BENEDICT ) I declare under penalty of perjury that I am now,. and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez,. California, postage fully prepaid, a certified copy of Board's order of August $, 1972, together with "Notice of Denial" of above-captioned claim to the. following:. PATRICIA BENEDICT c/o Richard S. Youngdale, Agent Lincoln, LaChance & Youngdale 1540 San Pablo Avenue Oakland, California 94612 I declare under penalty of perjury that the foregoing is true and correct. Dated: August 9. 1912 ,,. _., at Martinez, California . r Deputy Clerk FILEU au -3 1972 W. T. PAASCH CLERK BOARD OF SUPERVISORS NTRA C CO.�pu=y 4-71-500 sr I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: PATRICIA BENEDICT c/o Richard S. Youngdale , Agent Lincoln, LaChance do Youngdale 1540 San Pablo Avenue Oakland, California 94612 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on July 27. 1972 was rejected by the Board of Supervisors of said county on WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: n„R..Qt 9., 197P W. T. PAASCH, CLERK By ���_ arivr Deanna Petrie Deputy Clerk cc: Pacific Indemnity Company Attn: Mr. Dick Nachtsheim IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA- August $ 197.42 In the Matter of ) Claim for Damages. ) Patricia Benedict, 1005 Ramer Court, Concord, California 94520, by and through Richard S.-Youngdale, Agent, of Lincoln, LaChance & Youngdale, 1540 San Pablo Avenue , Oakland, California 94612 having filed with this Board on July 27 , 197-L,, claim_for damages- in' the amount of $ 227 - 293, approximately (estimates ) NOW, THEREFORE, on motion of Supervisor A. M. Dias seconded by Supervisor J. P. Kenny , IT IS BY THE BOARD ORDERED 1 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, W. N. Boggess, E. A. Linscheid. 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 goard of Supervisors affixed this 8th day of August , 197 2 W. T. PAASCH, CLERK T By Deanna Petrie Deputy Clerk cc: Claimant Public Works (3 ) Attention Mr. Broatch County Counsel County Administrator Sheriff-Coroner • H.S. CROCKER CO., INC. �- 0 r H�RITE ° TI _ ,DON'T Y IT! M ,03 To Board Clerk DATE 7-26-72 FRoM Public Works Dept* SUBJECT Patricia Benedict Claim Business >& Services' :When this accident report was first received, it was forwarded to Pacific Indemnity Group, because the claim was lees' than the $200 limit. We have now received additicnal. estimates for more repairs which total more than $200. We are therefore sending the entire claim to you for handling. L. Bent SIGNED PLEASE REPLY;HERE TO DATE s= F RECEIVED U(_2 7J 1972 W. T. �PAASCH r r CLERK;B .RP OF SUPERVISORS. TRA COSTA C;O'- BY Deputy s I INSTRUCTIONS ''FILC,IN TOP PORTION ,REMOVE'DUPLICATE"YELLOW) AND'FOR- WARO'REMAINING PARTS WITH CARBONS. TO REPLY, FILL IN LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE (PINK) AND RETURN ORIGINAL. FORM M�p9 Oakland Walnut Creek 444-8522 1540 San Pablo Avenue Oakland, California 94612rod 934.8900 7-20-72 t5 ; �r fid J.D. Arnett ` � L L 150 Ellis Street, #405 JUL 2 r Concord, California 94520 `' P(�gtIC �ilpRxs 2 t?E�,�AT���T Mr. Arnett: Please find enclosed two estimates for repair of Patricia Benedict 's car which was damaged in an automobile accident on 5-15-72 in Concord, California. The repair bill in the amount of $12.00 from Harry's Body Shop that was sent you previously was only for immedeate repairs to the muffler and tail pipe. Please forward this information to your insurance agent or carrier as soon as possible. Very truly yours , Ric and S oung le F I cc: Pat `icia Benedict L 1005 Ramer Court 27 1972 Concord, California 94520 W. T. PAASCH CLERK BOARD OF SUPERVISORS TRA COSTA FO. gy r Deputy �• 7.Mondmsnt Blvd. - Concord, alif. Phone: 682-3142 N � ADDRESS DATE C- L pCAR YEAR TYPE LICENSE NO. MILEAGE MOTOR NO. SERIAL NO. p f % f tNSURE� NY i ADJUSTER INSPECETO PHONE - HOME BUSINESS Symbol rRONt Labe- r` . �e.+. ,.a*-6.. L"t IRim- Mre efe► Bumper Fender- - �� terra, Bvmper Rrt Fender Ornamert "'Ce _Orna_m.7t Bumper Brkt. Fender Shield t Fender Shield Fender Midg. I Fender Midg. Bumper Gd Headlomp Headlamp Frt._ystem__^ L Headlam, Door Headlamp Door Frame i Sealed Beam Sealed Beam Cross Member - Cowl _. Cowl _ Door, Front Wheel _ Door, Front ___Door Lode Hub Cap Door Lock Door Hinge Hub d Drum Door Hinge y Door Glass Kwckic _ Door Glass Vent Glass ; �^ Knuckle Sup. Vent Grass r Door Midg. - Lr. Cont. Arm Shaft Door Mldgs. { tt Door Handle License Frame- Brkt. Door Handle u� Centar Post Up. Cont.Arm-Shaft Center Post } T Door, Rear Shock Door,Row 1 Door rslau Windshield Door Glass t, Door Mldg. _. Rocker PAnI i R;,[kc� Ma tie Rod - - .-� koctw re..c. iii i Steering Gear Rocker Midg. 1 - Sill Plate _ Steering Wheal Sal Plate _i i Floor - Horn Ring _ Floor Frame Gravel Shield Frame i Dog Leg -Park. Light, - Dog Leg C' Quar. Panel Gnl' r-T- - Quer. Panel - �` Quar. Midg. ^� Quer. Midg. I Quar. Glass Quar. Wass -�� _ -Fender, Rear Fender, Rear Fender Midg. -, r Fender Midg. Fender Pad r Fender Pad i AUSC. Minor REAR Inst. Panel Horn Bumper _ L� Front Seat -,- Baffle, Side Bumper Rail Front Seat Adj. Baffle,Lower Bumper Brkt. Trim Baffle, Upper Bumper Gd. _ Headlining Lock Plate, Lr. Gr" Shield _ _ Top Tire Lock Plate, Up. Lower Paneli Hood Top hood Hine Tn.,*Ud __.._ E_tt" HoodMitlp - Trk Lock ! Paint Hood LoMsrs _ unTrunk Hendte UndwctM Ornament Tail Ught �oRals Rad.Sup. Tail Pipe Mier-Materials Rad Core dee T" AUTHOR1IAT10N FOR RE1ARif Radio Antenna Herne You are hereby authorized to make the above sped Rad. Hoses wsw fied repairs. Fan Blade Hub i Drum Fan Belt Seek Up ute Lab-114Hr`s r _ •J Water Pum %%"I Shield Parts s - Motor Lhense Frame-Brkt. _ Tax , ' tign N--Nww 0 rhaul S-SiralgMen or Repair EX-EKchange RC--Redwonss U-0 W Sublet _ -I Sm ` x CONTRACT HA RY! • S BODY OP 0 ESTIMATE 1263-A MONUMENT BLVD. TELEPHONE 6W-3112 CONCORD, CALI1'OUNA 9421 ; ESTIMATE OF REPAIRS As USUD PM LABOR AM MATMM"—1 W&M E511M M 1 Owner c. D Address Phone Est.No. Insurance Co. Licena Address Phone Number Year Motor Serial Make L/ - Mile*" No. No. QUA DESCRIPTION OF LABOR OR MATERsAL PART NO. MATERIAL LABOR .ut..• --— — — Q --- PANTS PRICES BASED ON STANDARD CATALOGUE PROCUREMENT/RICE LISTS SUl1JECT TO CHANGE WATHOLIT NOTICE TOTAL PROCtJREMENT•AND DELIVERY CHARGES MAY RE ADDED TOR SPECIAL SERVICE ON ITEMS NOT AVAILABLE LOCALLY. MATERIAL Ow/ah rwrr frem con eill be jwkW echo eMer.wiw imhucted iw-rilkS. TOTAL LAROR d, %w 4WO is Mets ON"bted ea ear iw tioa end dart weI cower o"tienol perm or labor whock a" he requwwd oAer TOTAL MA1[Rlr>tl stse.wA It"beep eNeeed w -*A hm awtod -ore owes we auo-w*d -kith are wM e"dewr ca f_o* ists'nsiew Biveww of His me Obese(trim we per pere■w". i%+ERIi1► Aopmpe E► Itm. -AND MM+� MIS an.- r 9 . ,.y,. .�.. .�•t.,., ,,„ n Y's!w" r-.K.r`w•.,c«...y wr.;•^s+; :,w.++, '. . � � ..r r�.vt►•4-n t� Oakland Walnut Creek 4448522 1540 San Pablo Avenue Oakland, California 94612 934-8900 6-28-82 J.D. Arnett 150 Ellis et, #405 LU or , California 94520 19972 Mr. Arnett: rr ;p,i1+ %c? pT[Grt,;j The enclosed repair bill is sent with reference to your automobile accident on 5-15-72 in Concord, California which involved my clients car, Patricia Benedict. The repair bill is for immedeate epair to the muffler and tail pipe that was required to make Pa ' cia 's car driveable. As of this - Miss Benedict has heard nothing from you or your insurance carrie Will you please call the undersigned or Miss Benedict as soon as p sv.-i.ble regarding reimbursement for her damages . Very truly yours, Richard S� oung'aale cc: Patricia Benedict 1005 Ramer Court Concord, California 94520 Telephone: 682-4502I ii . .>.vm�A.ir+-L....�..:x.�.f:.nftY..ii.r:._.. _�.:.a-.,:nt�,: _ .,� •• - r .- ... - -S� ��.K:a..7rs.rt.w•d�..< �s3a..,.w,r�3;::+.,� - a.$iS�y:e,, - M .._i>7Y�::♦.....}w..dY!•r�..'i.L. .. ,..`?tw .... �..., 3.7ca�..'� t Lt L i ;'rC JitL--� v' ~< .a� "`i Rte'". I+r' f.� y;�F: •.7 ti w1 t: b,cw.:nt ro taco nc..i'iFL'ur t tpOS 1 - t AtAt-:':r ry��"`"�•-�"�';'•xv�+ >~',.,j:�•,.M.y',�„j.�.:..;,.:. .,ecer--.-rws-•- .r 1 1 1 ADD: !! ....w:i 6.r.,.�:�—�--r--_c z t•. ss3ltlrp a30.» C1 L�6 OT12Fl>•ir"� a • j rk MOTOR LWAL 9. ; QP6�It i N 8 T R U GT i O m 9 < •f h3���T11` _' i LU*Rtcaflt rtaz,+ �..` Iot 1�H-n. At I Tstest f u r t 1 1 �R`; -,I«i 'r .w.t t.G blow it "�1i'~`�'f s...t•.yd... t - t 1 1 � 1 f tr, r r � y - ti, •,R t t 1 1 1 1 tin C,.MR TOTAL PArTS' 1 j{ t_ "1__t1Y � ,:ru'%3d+'�^�" !``�.t�l,RR'R'CI A t ._ _ rr!.a�,sn.ci.-.t•�,-.»...,.7•r-c 7 .s.. . 71 t ^:7 �.w,Jrw�. •� _ - - T'u•6 rt.� r n:-a }• '-n r-,•Z.v... ., P,.•� TA;.- ♦ - S!y - :..- {tt} .i+ t. .-�:+tt7'L ;i F.Nt�tw Y'xi:3 t .� � _ S ..� _ n^••�R� i _ ..._. :u.,a;{C:�!►+,w+-ri... .._".. .. ._ ..'y � ,'-, C -.:_- _ :-- .�.�,•a.y,.,.•,��'a`S ,�: _ s +sratX. _ .. �Y Y t arr�+•�++..o-�.w�+.w••w F_�..-wva��� • - r^ j J SHERIFF-CORONER ! • . � CONTRA COSTA COUNTY,Jri bj� }� • Inter-Office me of MAY I G 1972 TO: Ltp Ard May 15 1 FROM: Deputy Jack Arnett _..._... PUBLIC WORKS DEPA�t�i& SUBJECT: Accident involving County Vehicle On May 159 19729 7:30 a.m., I was involved in an accident while driving a County vehicle--0608--wh:L1e completing normal assigned duties. I wars behind Vehicle #1 waiting for the light to turn green at the Intersection Of Willow Pass Road & Galindo. I was traveling in an easterly direction. Both vehicles were stopped & when the light turned green Veh. #1 moved approx. 5-6 feet & stopped dead. I was unable to stop in time to avoid contact with the vehicle ahead. Damage to other vehicle was a broken righttail Sight lens-no injuries. Vehicle -A had been in previous accident that bad.done extensive damage. This was obvious and admitted by other driver. Accident report taken by Concord P.D Officer Keller: ack Arnett, Deputy • J`<' ...t.i 4,. = arc, .. .. .. - �-Art`1:..'S•moi,..'1�is ww.'.e,�� il''.i^:•7P,1'i S'?is,::.�.-"'11_�:1'•` - �••r.:ry<.it: y.S'yirf�.L_"SSS AT C r11NY - + Name -i County Driver Deportment Office Phone ,• RE P OR 1 74 I I r/--- 0, Ar 0 7;1 5-lylv F' - County Cor Make of Car Body Type Yeas Unit Number (Ch eck / Personn l C-nr an Co.Business 1:1One) 1 ��--- — �e L 1 jj�' 71 Descrihe Damage to County.•your Vehicle Witnesses—Homes,Addresses 8 Phone Numbers Name & Address of other Driver Nappme 8 Address of Owner of of r vefiictu Ly r5 _ r/�1 �F' o� �r�ie1� - MAY 11972 LS Other Vehicle License a` Make of other car Body Type- Damage to othor car or property PUBLIC 1.-MKS DEPART11LE11'T _ A 5' Ara -3�Vw/ I RT: T /l'` Where can other cot or property be examined? Store briefly how accident occurred Show name of streets and direction in which vehicles were going W�s ,6c/,!/ne/ c�zL/��•� ��l!c lz Wae /e'� • �otci ` } t G lf qeeK �i� / / a LL `f Ile, it Yt✓^ �P� rZ'Cf2sl / �LGlds r y / f r lllt:G/JZ /1 a1. /tf/lt11,ef'fZ 704e Z'NNORTN �J sr1 sr. P44 o .,C(P.O. .�rsr6N r Date & hour of accident Location of accident City } _ 3� f rl ,�r�i /7a• �- ' i. e--Al It i Joy ; Where was other car when you first sow it? Type of road surface: (Chock one) Asphalt 0 Cement El Dirt ❑ Grovel Condition of rood surface: At time of accident were you going? Other driver drinking? s Dry Moist El Wet El Uphill 01-eve) 1:1 downhill El Yes PM No E] Don't know Was o Police citation given? if yes, by whom? To whom? What was the charge? } } 13 Yes [Z No Who, in your opinion, was of fault? Why? 1,,iA 57 e STOP ii•'71-X : AI t/167c� •�j,3� Injured Persons Homes Ages Nature of Injury To what hospital or home token 1 Z• Occupants of other cot: Nomes, Addresses L Phone ;'s } 1 S1 014.1 f Coun R Drr 3•e- 7 This form completed by: Dote I CLAIM AGAINST CONTRA COSTA COUNTY iJ Routing Endorsements Claimant : HERBERT B. ELWORTHY Address : P. 0. Box 97, San Ramon, California Attorney: RIFKIND, KIMBALL & CASTLEMAN, Attorneys at Law, 24301 Southland Drive, Hayward, California 94545 Amount: $211,120, computed as of date of presentation Date Filed : July 28, 1972 )MW0 a3MX8YKX By mail , postmarked July 27, Certified Mail 1972 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 S tions 910 and 910 .2? DATED: July 28, 1972 W . T. PAASCH , By arena Pe rie Deputy II . FROM: County Counsel ' s Office T0XCiAbove erk of Board of Supervisors 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; ( ) Po not file claim, time limits have expired . We rec9piKend referral to : ( 1,1 County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: " ti 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 August 8, 1972 (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 August 9, 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . r DATED : August 9, 1972 W . T. PAASCH, By Deanna Petrie Deputy IU . 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 : August 9, 1972 Public Works , By DATED: Auwst 9, 1972 County Counsel , By BOARD OF SUPERVISORS, CONTRA COSTA COUNTY,, CALIFORNIA AFFIDAVIT OF MAILING In. the Matter of Claim for ) Damages : ) HERBERT B. ELWORTHY ) ) ) I declare under penalty of perjury that I am now,. and, at all times herein mentioned have been,, a citizen of the United States, over age 21;, and that today I deposited in. the United States Post Office in Martinez,. California, postage fully prepaid,, a certified copy of : Boardts order of August 8, 1972, together with "Notice of Denial" of above captioned claim to the. f oll owing:_ HERBERT B. ELWORTHY c/o RIFKIND, KIMBALL & CASTLEMAN Attorneys at Law 24301 Southland Drive Hayward, California 94545 I declare under penalty of perjury that the foregoing is true- and; correct., Dated: August S,. 1972 , at Martinez,. California r eputyer FILED AUG91972 W. T. PAASCH 4-71-500 CLERK 130AR0 OF 6UPERVISOFI6 �TW�; �1e9►CO. By THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: Mfg. HERBERT B. ELWORTHY c/o Rifkind, Kimball & Castleman Attorneys at Law 24301 Southland Drive Hayward, California 94545 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on July 28, 1972 was rejected by the Board of Supervisors of said county on August 80 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: August 9, 1972 W. T. PAASCH, CLERK Bp Deama e r e Deputy Clerk cc: Pacific Indemnity Company 4341 Piedmont Avenue Oakland, California 94611 Attn: Mr. Dick Nachtsheim IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA august._ 8 197e= In the Matter of ) Claim for Damages. ' ) Herbert B. Elworthy, P. .O. Box .97, San Ramon, California by and through Rifkind, Kimball & .Castleman, Attorneys at Law, 24301 Southland Drives Hayward, California 94515. having filed with this Board on July 28 , 197 2 , claim for damages in the amount of $ 21,120, computed as of date of presentation 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. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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 August 19'x_. W. T. PAASCH, CLERK By._ .rP�n Deanna tyetG�lerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator I RIFKIND, KIMBALL & CASTLEMAN 24301 Southland Drive, Suite 614 2 Hayward, California 94545 I L E D 538-1803 3 Al L 28x1972 4 Attorney for Claimant W. T. PAAGCFI CLCRK BOARD OF SUPERVISORS r�f'ONTRA T r 5 By •v4puty 6 7 8 Claim of ) ) 9 HERBERT B. ELWORTHY, ) 10 Claimant, ) CLAIM FOR INJURIES: TO REAL PROPERTY 11 vs. ) 12 COUNTY OF CONTRA COSTA and } THE BOARD OF SUPERVISORS OF ) 13 THE COUNTY OF CONTRA COSTA. ) 14 TO: THE COUNTY OF CONTRA COSTA AND THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA 15 16 YOU ARE HEREBY NOTIFIED that HERBERT B. ELWORTHY, 17 whose address is P. O. Box 97, San Ramon, California, claims damages from 18 the County of Contra Costa, Board of Supervisors of the County of Contra 19 Costa in the estimated amount, computed as of the date of presentation of this 20 claim, of $21, 120. 00. 21 This claim is based upon certain damages sustained by 22 Claimant on or about July 30, 1971, under the following circumstances: 23 On or about July 30, 1971, Claimant sustained damage to 24 certain pastureland located in Contra Costa County, in the vicinity of 25 Bailey Ranch, Bailey Road, by reason of a real property grassland fire upon 26 Claimant's property, which fire Claimant alleges was directly and proximately 27 caused by the emission of hot carbon particles from the exhaust of a diesel 28 roadgrader, owned, operated.. .4maintained or controlled by said public entity. i 1 Claimant further alleges that said loss was a direct and prox- ima a result of the ownership, operation, maintenance or control b said 2 t P, P y 3 public entity, of a roadgrader in a dangerous or defective condition, to-wit, 4 the emission of hot carbon particles from said grader; that such condition 5 of said property was created by the negligence or wrongful acts or omissions 6 of said public entity of its agents, servants, or employees; that said public 7 entity, or its agents, servants or employees had actual or constructive notice 8 of said condition a sufficient time before said injury to have taken measures 9 to protect against it; that the damages herein specified were reasonably fore- 10 seeable as a consequence of said condition of said property, which condition 11 created a substantial risk that the type of damage herein specified would occur. 12 Claimant further alleges that said loss was a direct or prox- 13 imate result of the wrongful or negligent ownership, operation, maintenance, 14 control or use of said roadgrader by said public entity, or its agents, 15 servants, or employees, at the time and place specified above. 16 The names of the public employees causing Claimants injuries 17 under the described circumstances are, so far as known at this time, the 18 Contra Costa County Corporation Yard and Frank Molta, 19 The injuries sustained by Claimant, so far as known as of the 20 date of presentation of this claim, consist of an uninsured portion of destroyed 21 pastureland, the destruction of a fence upon Claimant's property, loss of use 22 of Claimant's property, and Claimant's necessary expenses in providing for 23 feed and other pastureland for Claimant's cattle, which expenses would not 24 have been incurred by Claimant but for the subject loss. 25 The amount claimed, as of the date of presentation of this 26 claim, is computed as follows: 27 Claimant's insurance deduction $ 100. 00 28 Uninsured portion of loss to Claimant's pasture 4, 646. 00 1 Value of destroyed fence, estimated $113000.00 2 Lease expenses for additional acreage necessary to feed Claimant's cattle 4, 480.00 3 Cattle feed 900.00 4 Loss of use of real property, estimated 11,.350. 00 5 TOTAL DAMAGES INCURRED TO,DATE $21, 120. 00 6 Estimated prospective damages as far as known Amount unascer- tainable at this time. 7 8 All notices or other communications with regard to this claim 9 should be sent to Claimant c/o Rifkind, Kimball & Castleman, 24301 Southland,. 10 Drive, Hayward, California 94545. 11 RIFKIND,. KIMBALL & CASTLEMAN 12 By M. LORIN CASTLEMA.N 13 14 15 16 _ 17 19 20 21 22 23 24 25 26 27 28 RICHARD D. RIFK*D A PROFESSIONAL CORPORATION 512 SOUTHLAND PROFESSIONAL BLDG. ATTORNEYS AT LAW 2x301 SOUTH LAND DRIVE HAYWARD. CALIFORNIA 94545 TELEPHONE (415) 785-3101 ja,z6S, July 27, 1972 Board of Supervisors DECEIVED County of Contra Costa .1111E 2 g Iq7/2 County Administration Building W. T. P A A S C H Martinez, California 94553 CLERK N RD RA CT F SUPERVISORS RE: Claims for Damage to Real Property Cy Deputy Gentlemen: Enclosed please find three claims for damage to real property which we are submitting on behalf of our clients. Very truly yours, RIFKIND, KIMBALL & CASTLEMAN M. LORIN CASTLEMAN MLC•kk Encs. >a H to D O -4 ,�-4 iz W "r W > O ► �z 1 S A Ln o a O a y } P m f 1 ,s M -� ^ O O � 44 p ;- OD N• . O W IA l wog, tin � Ln W P. i 11X � � tco oa r s r, i / /314 r CLAIM AGAINST CONTRA COSTA COUNTY / Routing Endorsements Claimant : ROBERT ELWORTHY Address : 3201 Danville Blvd., Apt. 38, Alamo, California Attorney: RIFKIND, KIMBALL & CASTLEMAN, Attorneys at Law, 24301 Southland Drive, Hayward, California 94545 Amount: $10,000, computed as of date of presentation Date Filed : July 28, 1972 By mail , postmarked Tulir 27, Certified Mail 1972 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 tions 910 and 910 .2? r DATED: July 28, 1972 W. T. PAASCH, By _ ke, a�La t r5�0 Deputy II . FROM: County Counsel ' s Office T0 : Clerk of Board of Supervisors y P Above claim complies substantial ) 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 reco nd referral to : ( County ' s general insurance carrier ; ( ) Other insurance carrier; ( ) County Counsel . DATED: S 17y. JOHN B . CLAUSEN, By / De ut 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 August 8, 1972 (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 August 9, 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . r DATED : August 9. 1972 W. T. PAASCH, By (2zz,-Ir� -- Deanna Petrie 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 : August 9, 1972 Public Works , By. fpr /-F) DATED: Au7ust 9, 1972 County Counsel , By J -BOARD OF SUPERVISORS, CONTRA "COSTA COUNT`f, CALIFORNIA .AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages : } ROBERT ELWORTHY } } } } I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of` -the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage Pully prepaid, a certified copy of: Boardfs order of August 8, 1972, together with "Notice of Denial" of above captioned claim t o •the following: ROBERT ELWORTHY c/o RIFKIND, KIMBALL & CASTLEMAN Attorneys at Law 2 .301 Southland Drive Hayward, California 94545 I declare under penalty of perjury that the foregoing is true and. correct, Dated; AuLust 91 1972 , at Martinez, California. T_ epu y erk FILED 4-71-500UG 91972 W. T. PAASCH CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. By Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: MR. ROBERT ELWORTHY c/o Rifkind, Kimball & Castleman Attorneys at Lax 24301 Southland Drive Hayward, California 94545 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on July 28, 1972 Was rejected by the Board of Supervisors of said county on August 8. 1972 • WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the -mail to file a court action on this claim, See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: August 9. 1972 W. T. PAASCH, CLERK By Deanna Fetr e Deputy Clerk cc : Pacific Indemnity Company 4341 Piedmont Avenue Oakland, California 94611 Attn: Mr. Dick Nachtsheim IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA August 8 197 In. the Matter of ) Claim for Damages. ) Robert Elworthy, 3201--Danville Blvd. , Apt. 38, Alamo, California by and through Rifkind. -Kimball & Castleman. Attorneys at Law, 24301__Southland Drive, Hayward, California 94545 having filed with this Board on July, 28 , 1972.--, claim for damages in the amount of $ 10,000, com lited as of date of presentation ; 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. E. Moriarty, W. N. Boggess, E. A. Linscheid, 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 August , 197 _. W. T. PAASCH, CLERK By. Deanna Petrie Deputy Clerk cc: Claimant Public Works (3 ) Attention Mr. Broatch County Counsel County Administrator 1 RIFKIND, KIMBALL & CASTLEMAN y I 24301 4 01 Southland Drive, Suite 614 2 Hayward, California 94545 J11L 1972 538-1803 3 W.CS."A 80RRD OR 8UprMVj$OR8 N1'M C 4 Attorneys for Claimant ay D•ayt�► 5 6 7 8 Claim of 9 ROBERT ELWORTHY ) CLAIM-FOR INJURIES 10 Claimant, ) TO REAL PROPERTY ) 11 vs. ) 12 COUNTY OF CONTRA COSTA and ) THE BOARD OF SUPERVISORS OF ) 13 THE COUNTY OF CONTRA COSTA. 3 14 TO: THE COUNTY OF CONTRA COSTA and THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA 15 16 YOU ARE HEREBY NOTIFIED that ROBERT ELWORTHY, whose 17 address is 3201 Danville Blvd. , Apt. 38, Alamo, California, claims damages from 18 the County of Contra Costa, Board of Supervisors of the County of Contra Costa, 19 in the estimated amount, computed as of the date of presentation of this claim, 20 of $10, 000. 00. 21 This claim is based on certain damages sustained by Claimant 22 on or about July 30, 1971, under the following circumstances: 23 On or about July 30, 1971, Claimant sustained damage to 24 certain pastureland located in Contra Costa County, in the vicinity of 25 Bailey Ranch, Bailey Road, by reason of a real property grassland fire upon 26 Claimant's property, which fire Claimant alleges was directly and proximately 27 caused by the emission of hot carbon particles from the exhaust of a diesel 28 roadgrader, owned, operated, mainteained or controlled by said public entity. I Claimant further alleges that said loss was a direct and proxi- 2 mate result of the ownership, operation, maintenance or control by said f l 3 public entity, of a roadgrader in a dangerous or defective condition, to-wit, ! 4 the emission of hot carbon particles from said grader; that such condition f! 5 of said property was created by the negligence or wrongful acts or omissions 6 of said public entity of its agents, servants, or employees; that said public 7 entity, or its agents, servants or employees had actual or constructive notice 8 of said condition a sufficient time before said injury to have taken measures 9 to protect against it; that the damages herein specified were reasonably fore- 10 seeable as a consequence of said condition of said property, which condition 11 created a substantial risk that the type of damage herein specified would occur. 12 Claimant further alleges that said loss was a direct or proxi- 13 mate result of the wrongful or negligent ownership, operation, maintenance, 14 control or use of said roadgrader by said public entity, or its agents, 15 servants, or employees, at the time and place specified above. 16 The names of the public employees causing Claimant's injuries 17 under the described circumstances are, so far as known at this time, the 18 Contra Costa County Corporation Yard and Frank Molta. 19 The injuries sustained by Claimant, so far as known as of the 20 date of presentation of this claim, consist of the damage to and destruction of 21 pastureage upon Claimant's real property, resulting in loss of use of the same 22 and damage to a fence located upon said property. 23 The amount claimed, as of the date of presentation of this 24 claim, is computed as follows: 25 Estimated loss of use of Claimant's property $ 8, 000. 00 26 Damage to fence 2, 000. 00 27 TOTAL DAMAGES INSUR.RED TO DATE $10, 000. 00 28 Estimated prospective damages as far as known Amount unascertaine at this time. 1 All notices or ,other communications with regard to this claim 2 should be sent to Claimant c/o. Rifkind, Kimball & Castleman', 24301` Southland 3 Drive, Hayward, California 94545. 4 RIFKIND, KIMBALL,& CASTLEMAN 5 By. 6 M. LORIN CASTLEMAN 7 8 9 10 11 5 12 a b 13 r _ 14 - 15 16 b : 17 18 19 20 21 22 J 23 24 25 26 27 28 L • ~ RICHARD D. RIFAD A PROFESSIONAL CORPORATION 512 SOUTHLAND PROFESSIONAL BLDG. ATTORNEYS AT LAW 2 4 3 0 1 SOUTHLAND O R'1 v E HAYWARD. CALIFORNIA 94545 y TELEPHONE 14131 783-3101 July 27, 1972 RECEIVED Board of Supervisors County of Contra Costa i! I P3 7-2 County Administration Building W. T. P A A S CH Martinez, California 94553 'CLERK E*!r1. D o1= &UprRv1�ojjS DN aa, cot A co. RE: Claims for Damage to Real Property �''�"`" = �_�-i*Y Gentlemen: Enclosed please find three claims for damage to real property which we are submitting on behalf of our clients. Very truly yours, RIFKIND, KIMBALL & CASTLEMAN M. LORIN CASTLEMAN MLC:kk Encs. } > (� -44 o a -� m O oa o� �cc by w. m N -40 ou ZO `U C-n Z �rr1� tib i - C,. o bi ##� r, N O O a € rt cr M � � � O + JQ N � O r EQLnL a r� i . co i, r. CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: ALVIN FARIA Address : P. 0. Box 1311, Pittsburg, California Attorney: RIFKIND, KIMBALL & CASTLEMAN, Attorneys at Law, 24301 Southland Drive, Hayward, California 94545 Amount: $31,000, as of date of presentation Date Filed : July 28, 1972 By mail , postmarked July 27, Certified Mail 1972 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 tions 91 nd ,910. 2? DATED: July 28, 1972 W. T. PAASCH, By Deanna Petr e Deputy II . FROM : County Counsel ' s Office TO: Clerk of Board of Supervisors t� 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 . r/ We reco nd referral to : ( i County ' s general insurance carrier ; ( ) Other insurance carrier; ( ) County Counsel . DATED: JOHN B . CLAUSEN, By De u 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 August 8 (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 August 9. 1972 , and memo thereof filed and endorsed on claim, per Government Codeection 29703 . DATED : August 9, 1972 W . T. PAASCH , By arena Pe r e Deputy IV . FROM: (1 ) Public Works Department (2 ) County Counsel ' s Office 70: Clerk of Board of Supervisors This acknowledges receipt of copies of above claim and/or board order, and forwarding endorsement III . DATED: August 9. 1972 Public Works , By DATED : August 98 1972 County Counsel , By v, BOARD OF SUPERVISORS, CONTRA COSTA COUNTY., CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages : ) } ALVIN FARIA ) } I declare under penalty of perjury that I am now, and -at all times herein mentioned have been, a citizen of -the United States, over age 21:; and that today I deposited in the United States Post Office in Martinez., California., postage fully prepaid, a certified copy of: Board's order of August 8, 1972, together Frith "Notice of Denial" of above-captioned claim to -the f oll-outing.: ALVIN FARIA c/o RIFKIND, KIMBALL & CASTLEMAN Attorneys at Lau 24301 Southland Drive Hayward, California 94545 I declare under penalty of perjury 'that the f dreg-jing 'is true and correct. Dated: AgB1 sit q, 1972 , at Martinez, California . r Deputy VIM— FILED iLED AUG 9 1972 4-71-500 W. T. PAASCH CLERK BOARD OF SUPERVISORS ONTR S ACO. BY90 / Oeputy ,.T at THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY - Administration Building, Room 103 P. 0. Box 911 Martinez, California To: MR. ALVIN FARIA c/o Rifkind, Kimball & Castleman Attorneys at Law 24301 Southland Drive Hayward, California 94545 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on July 28, 1972 was rejected by the Board of Supervisors of said county on August 8, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: August 9, 1972 W. T. PAASCH, CLERK r By. anna Petrie Deputy Clerk cc: Pacific Indemnity Company Attn: Mr. Dick Nachtsheim IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA August 8 , 19712 In the Matter of ) Claim for Damages. ) ) Alvin Faria, P. 0. Box 1311, Pittsburg, California by and through Rifkind, Kimball & Castleman, Attorneys at Law, 24301 Southland Drive , Hayward, California 94545 having filed with this Board on July 28 , 1972 , claim for damages in the amount of $ 31,000, as of date of presentation ; 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. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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 August , 197-Z-- W. T. PAASCH, CLERK Q, , By Deputy erk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator 1 RIFKIND, KIMBALL & CASTLEMAN 24301 Southland Drive, Suite 614 2 Hayward, California 94545, ; 538-1803 1 L 3 .P-1 4 Attorneys for Claimant W. T. PAASCf-I CLXnK BOARD OF 8UPERVIGOR4 < 5 By ONTRA �s,TA�CyO. r� �rG'�✓ 6 7 8 Claim of ) 9 ALVIN FARIA, } CLAIM FOR: INJURIES 10 Claimant, ) TO REAL PROPERTY 11 vs. } ) 12 COUNTY OF CONTRA COSTA and } THE BOARD OF SUPERVISORS OF ) 13 THE COUNTY OF CONTRA COSTA. ) 14 TO: THE COUNTY OF CONTRA COSTA and THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA 15 16 YOU ARE HEREBY NOTIFIED that ALVIN FARIA, whose addrE ss 17 is P. O. Box 1311, Pittsburg, California, claims damages from the County of 18 Contra Costa, Board of Supervisors of the County of Contra Costa, in the 19 estimated amount, computed as of the date of presentation of this claim, of 20 $31, 000. 00. 21 This claim is based upon certain damages sustained by 22 Claimant on or about July 30, 1971, under the following circumstances: 23 On or about July 30, 1971, Claimant sustained damage to 24 certain pastureland located In Contra Costa County, in the vicinity of 25 Bailey Ranch, Bailey Road, by reason of a real property grassland fire upon 26 Claimant's property, which fire Claimant alleges was directly and proximately 27 caused by the emission of hot carbon particles from the exhaust of a diesel 28 roadgrader, owned, operated, maintained or controlled by. said public entity. 1 Claimant further alleges that said loss was a direct and proxi- 2 mate result of the ownership, operation, maintenance or control, by said 3 public entity, of a roadgrader in a dangerous or defective condition, -to-wit, 4 the emission of hot carbon particles from said grader; that such condition 5 of said property was created by the negligence or wrongful acts or omissions 6 of said public entity of its agents, servants, or employees; that said public 7 entity, or its agents, servants or employees had actual or constructive notice 8 of said condition a sufficient time before said injury to have taken measures 9 to protect against it; that the damages herein specified were reasonably fore- 10 seeable as a consequence of said condition of said property, which condition 11 created a substantial risk that the type of damage herein specified.would occur. 12 Claimant further alleges that said loss was a direct or proxi- 13 mate result of the wrongful or negligent ownership, operation, maintenance, 14 control or use of said roadgrader by said public entity, or its agents, 15 servants, or employees, at the time and place specified above. 16 The names of the public employees causing Claimant's injuries 17 under the described circumstances are, so far as known at this time, .the 18 Contra Costa County Corporation Yard and Frank Molta. 19 The injuries sustained by Claimant, so far as known as of the 20 date of presentation of this claim, consist of the destruction of pasturage, a 21 fence and Claimant's cost in feeding Claimantts cattle and providing for other 22 pastureage for Claimantts cattle, which expenses Claimant would not have 23 incurred but for the subject loss. 24 The amount claimed, as of the date of presentation of this 25 claim, is computed as follows: 26 Damage to Claimantts pastureland $ 8, 000. 00 27 Estimated damage to fence 3, 000. 00 28 Cattle feed 5, 000. 00 1 Cost of providing pastureage for :Claimant's cattle $'15, 000.'00 2 TOTAL DAMAGES INCURRED TO DATE $31, 000. 00 3 Estimated prospective-damages as far-as known Amount unascertained at this time. 4 5 All notices or other.,communications with regard to this:claim. 6 should be sent to Claimant c/o Rifkind, Kimball & Castleman, 24301 Southland 7 Drive, Hayward, California 94545. 8 RIFKIND, KIMBALL & CASTLEMAN 9 By M. LORIN CASTLEMAN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 -RICHARD D. RIFKOD A PROFESSIONAL CORPORATION 512 SOUTHLAND PROFESSIONAL BLDG, ATTORNEYS AT LAW 24301 S O U T H L A N D DRIVE f HAYWARD. CALIFORNIA 94545 TELEPHONE 44151 785-3101 July 27, 1972Lj Board of Supervisors County of Contra Costa 'U L ^",1072 } Count AdministrationW. T. PAf . Building � S C Martinez, California 94553 CLERK t?1ARD = s11n .,jvj&0RS .1 7 dtti FIA C 'iA Co. RE: Claims for Damage to Real Property Gentlemen: Enclosed please find three claims for damage to real property which we are submitting an behalf of our clients. Very truly yours, RIFKIND, KIMBALL & CASTLEMAN M. LORIN CASTLEMAN MLC:kk Encs. f, i}: XIS€!j(3.',..Y�+T'•I^ CRliii C,.,..,. ,•�/ i _ 31 Y�'1 t n tn m y�y] a O N ! x= r ir-t CD P P G 0 C) o +. P} 0 0 �+• e•+ er a' 41 ,r'• ' co ell •• � }. CD o a� W 0 Ln f.a CD asp• 0 ep it w R r T f CLAIM AGAINST CONTRA COSTA COUNTY �f`" ' Routing Endorsements Claimant: Bruce L. Brown Address : 1824 Poplar Drive, Walnut Creek, California 94595 Attorney: Amount: $200.94 Date Filed : July 31, 1972 By delivery to Clerk via am �U=jc Yorks. 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: July 31, 1972 W. T. PAASCH , By, a(ge 1, f.- Dorothr'Lazottinip 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 X1;5 days .after ,. notice is given by this office; } / ( ) Do not file claim, time limits have expired,. ,. t/ We reco end referral to : L ( County ' s general insurance carrier, ( Other insurance carrier; airport c8r�/ev :t- ( County Counsel . f DATED: / 7Z_ JOHN B . CLAUSEN, By 17 D puty 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 August 8 2 (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�AAupust 9. 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 9 3 . DATED : August 90 1972 W. T. PAASCH, By arena a r e 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 . 17 DATED : August 9, 1972 Public Works , By DATED: August 9, 1972 County Counsel , By J BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA -AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) BRUCE L. BROWN I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: Boar.d's order of August 8, 1972, together with "Notice of Denial" of above-captioned claim to the following: BRUCE L. BROWN 1824 Poplar Drive Walnut Creek, California 94595 I deelare under penalty of perjury that the foregoing is true and correct. Dated: August 9. 1222 , at Martinez, California . r 1 12 Deputy Ulerx FILED AUG 9 ]972 W T. PAASCH 4-71-500CLERIC BOARD OF SUPERVISORS 7 NTR O 8y Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: MR. BRUCE L. BROWN 1$24 Poplar Drive Walnut Creek, California 94595 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on July 31, 1972 was rejected by the Board of Supervisors of said county on August 6, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: August 9, 1972 W. T. PAASCH, CLERK B� r Deanna Pe rie Deputy Clerk cc : Pacific Indemnity Company Attn: Mr. Dick Nachtsheim IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA August 8 _ _ , 1974-1. In the Matter of Claim for Damages. ) ,R"ire T.- Arnim - 1RPh Pn=lar nriva , Walnut CrRek, Caltfngn' having filed with this Board on july 31 197 2 claim for damages in the amount of $ 200_91L NOW, THEREFORE, on motion of Supervisor A_ M_ Dias- , seconded by Supervisor — p_ ' An y , 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, W. N. Boggess, E. A. Linscheid. 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 Rth day of d„gunt , 197--,2-- W. 97 .,i.W. T. PAAS CH, CLERK By. De nna Pett ie Deputy Clerk _ cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator .. max... �• �r- • .. This claim is being submitted to you because it is over $200 ($200.94) AY 282 1972 Our File No. 72-28 Mr. Bruce L. Brown 1824 Poplar Dive Walnut geek, CA 94595 Dear Mr. Browns This gill acknowledge receipt of your claim concerning propeller damage which occurred July 12, 1972. This claim has been referred to oar insurance carrier, Eagle Star Insurance Company; Cravens, Dargan & Company, 234 Bash Street, San Francisco, CA, 94104, by Whom this matter will be handled. Very truly yours, VICTOR W. SAUER Public Works Director 13Y R. D. Broatch Deputy Public Works Director RDB:1k ccs Eagle Star Insurance Co. Mrah & McTannan Attention Hazel Kelland County Administratar FRE�ElIVED 1972 W. T. PAASCH CLERK BORD OF SUPERVISORS A COSTA OO, ey ��r.._ Deputy �• L.1 LZI.'��f ViI � yJ VlLf.3 �. pU �C 2 719? CIATM Acr.T� pax sT COTIPTY CrrtTP.A c'7s`rA l� (C-4v l-nmant we,, See, 1710) B � �ORkS DFp ART4ft DATE: The unders fined hamby prosents the �'c�l.�.wWLng claf*+ s>;a3.nst the CaUaty of Cont;rs Costs: 1„ DAta of are:der, cr oemrrertca e 3 v ;' / 1 '75 7 2 2. Name and addrr-ss ef Cl Att:8nt: 13R C IF 4 I J3 R O c-xz nl 3. Das.: ^i.ption acrd plecs of the accidentLor oc urrsnce: ��. 9�/S g� tJ o i?i/-/- 14II?c RR F i v:. >Aa E R S Ai�v TBiu A,t; /�REti 11. sH - R 4 C& /} J►�D or c H9�v s f- i2A c,� 4. Names of Coixnty employess invt, .vadp erd type,. make 1� nm4bar of equipment it kncewnv t�UGFIfI•JHS' F/E14 AIRPc�,'T So Describes the kind and value of damage and attach estLmates �rZa � �c(. Ff2 p�?�-ahTc� F I EN 1)" J L 3/, 1972 W. T. PAASCH CLERK BOARD OF SUPERVISORS C RA COSTA CO. By Deputy • .y yJ s.. NO. 9557 Dept. Date '5' 19� 0 Name �s�' 7 Address SOLD BY CAS C. 0. D. CHARGE OH AM, OF RETD, PAID OUT QUAN. DESCRIPTION PRICE AMOUNT 2lee S i } 6 J J . 4 12 1s 16i it Customers Recd Order No. By [RedifFrm KEEP THIS SLIP FOR REFERENCE 32 0 { ( �`4 � ° fo'•+.n^,.-j --i � O �f1 ti �i � !� 1� t'V n Ul .t�o 0 1 , M. o o v a 2 r N • -•^"- p O fi O d r �; 4 4 _ Y• In A a 7 .a 0 m _� n�y0 i , O O1 33n0 B II • 3. M n "� G ro Z { OraGt4T11 371 07.` 9 A ,C"�• ^, Ir {ln y.'`,�_OS."�A�1.'i t P Z p D x nOn Q 00 .p V,.Aa�0A'yx 1tiQ O v G 2 s A N° to 7s Q iGmRQ�i07��-� l N q '} O qt 7, S 77 >90Sy0ti37fi„s0xR1 yy T O 9 Z v.CTcyP-SO to� `�T `�O< O°'AN N .p 'p pM n0 '. rt+ Y • +► Gx �yrOn-+p ,fiOr ,•�\ O o• G t 37 tnnr AcntnOPy lyt ��r my 't� y O y • On Ot1tiN tnpalfa A � O -a COO 'A �A�zSo-kz-a inn u+ > ^. tamy' in Q .. in a -n C, O ° �r c �.4 y o Ao r o Z+ a 0 �• ;, O 'rte 1 ^ 9 i�.�/ - vo n r t^ p .wy r fh O r r C r ter+ b v 1 1 . - � . . PUBLIC WORKS DEPARTMENT � ' CONTRA COSTA COUNTY DATE: July 17, 1972 TO : V. W. Sauer, Public Works Director Attention R. D. Eroatch, Deputy Public Tbrks Director FROM: ti. E. Scott, Airport ManagerIM 1 c :` JUL 16 1y72 SUBJECT: Aircraft Accident Report PUBLIC WORKS DEPARTMENT Mie attached is a report of an aircraft accident that occurred in the County aircraft wash area at Buchanan Field. The aircraft propeller alledgedly sustained minor damage as it struck the ground when the nose wheel rolled over an area that had been recently excavated and backfilled for an electrical cable for the VASI and REIL projects under construction at the airport. The electrical contractor is T. J. Gardner & Sons, 4363 Malcolm Avenue, Oakland, California 94,605 This incident may result i3R a claim even though the damage appears to be minor. MES:cpl cc F. R. Brown _ Construction Division Enc. 77 Policy No. G.L.A. 87456 S CONTRA COSTA COUNTY Buchanan Field TO: Eagle Star Insurance Company 1 ! FROM: Marvin E, Scott, Airport Manager . 1 SUBJECT: Report of Accident j *1. Date of Accident ?I12I72 Time of Accident 3'00 p•m• - i Pilots involved - Names, Addresses, Telephone,Numbers, and Ratings (from Airman's Certificate). Rruce L Broom 1824 Foalar Drive .Tzlnut Grccl: California Phone• 932-2? ' ' aoney, i15 01Q t�ircraf 1lecown pace 7 G- * 1 3. Identification of Aircraft i i i f 4. Passengers or Others Involved - Names, Addresses & Telephone Numbers. Description of ' personal injuries 11.A. i i - S. Location of Accident Aircraft owner-maintenance and wash area ocatea near .i.ti:, r�ip. • *6. Emergency Vehicles Responding. Mobile 1 Mobile 2 Mobile 3 j Ambulance Sheriff C.C.C.C.F.D. } t *7. Description of incident. Describe briefly and property damage. Include Pilot's Statement. if applicable. Mot stated that aircraft was taxing, to the ,rash area and j the nose *wheel fell into an area that had been excavated and refi2led recen` y c.usi.no his nroneller to str3D-10 mat esient. ?tr,nn inve.^.ti^;.,tion ire noted that the tics of the propeller had reccived rnnor ? S. Special Weather Report- N.A. I 9. Aircraft Owners' Names (Taken from Registration Forms) Bruce I, Broom of above address, and !"ire) nnrntto 10. Persons Officially Notified of Accident (Names,. Addresses, & Telephone N=bers) and j Time of Notification. i 11. Aircraft vas Operated - Commercially Privately Training 12. Airworthiness Certificate Dates for each Aircraft (Form 1362) 1t.% *7111 in for Standby alert. larvin E. •cote Title/lir22rt Managor JAMES P. KENNY. RICHMOND THE BOARD OF SUPERVISORS EDMUND A. LINSCHEtD IST DISTRICT (� T� CHAIRMAN ALFRED M. DIAS. SAN PABLO CONTRA COSTA COUNTY ALFRED M. DIAS IND DISTRICT - VICE CHAIRMAN JAMES E. MORIARTY. LAFAYETTE W. T. PAASCH. COUNTY CLERK 3RD DISTRICT ADMINISTRATION BUILDING. ROOM 103 AND EX OFFICIO CLERK OF THE BOARD WARREN N. BOGGESS. CONCORD P. O. BOX 911 MRS.GERALDINE RUSSELL 4TH DISTRICT CHIEF CLERK EDMUND A. LINSCHEID. PITTSBURG MARTINEZ. CALIFORNIA 94553 PHONE 228.3000 STH DISTRICT EXTENSION 2371 August 16, 1972 Mr. John H. Costello, Jr. , Examiner California State Automobile Association Inter—Insurance Bureau 150 Van Ness Avenue San Francisco, California 94101 Re: Your Insured: Andrade, Joseph, Jr. Your Claim No.: 83-187489-0 Gentlemen: In response to your letter of August 11, 1972 concerning the above claim, we have been advised to inform you. that the claim has been denied and referred to the County's insurance carrier, Pacific Indemnity. Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk WTP:dl cc: Public Works Dept. Attn: R. D. Broat ch County Counsel Attn: M. D. Farr, Deputy Pacific Indemnity Attn: John A. Bohman COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA TO: Clerk of the Board of Supervisors Date: August 16, 1972 Attn: Dorothy Lazzarini } From: John B. Clausen, County Counsel By: Michael D. Farr, Deputy Re: Claim against County by CSAA (Joseph Andrade, Jr. , their insured) Pursuant to your request , we have reviewed the letter dated August 11, 1972, from John J. Costello, California State Automobile Association, questioning the Board of Supervisors ' denial of the above-referenced claim. We advise that you inform Mr. Costello in writing that the claim has been referred to the County's insurance carrier, Pacific Indemnity. You should not undertake to answer the questions in the second paragraph of Mr. Costello's letter. MDF:mk cc: Public Works Dept. Attn: R. D. Broatch Pacific Indemnity J .10L-ECEIV-P. Attn: John A. Bohman j� (with enclosures) AUG 16 1972 W. T. PAASCH CLERK ARD OF SUPERVISORS TRA COST.g CO. L y Deputy CONTRA COSTA COUNTY CLERK'S OFFICE Inter• Office Memo Date: August 14, 1972_ To: County Counsel From: Assistant Clerk of the Board — G. Russell' ; Subject: Claim of California State Automobile Association Inter—Insurance Bureau denied on July 31, 1972 Attached is copy of a letter received in this office today. Will you please respond to the inquiry in the second paragraph -- or advise us as to what step to take. dl Attachment ////// • cc. Public Works _LJJ (Mr. Broatch) i i I I 1 f Cahfornifl§tate AutomobiletAssociation PRESIDENT Inter- Insurance Bureau INSURANCE BOARD ARTHUR H. BREED. JR. ORGANIZED 1914 VICTOR K. ATKINS. SAN FRANCISCO HARRY S_ BAKER. FRESNO D. ROBERT8ARLOW. wwTSONVILLE 150 VAN NESS AVENUE • SAN FRANCISCO ARTHUR H. BREED. JR.. OAKUND EXECUTIVE COMMITTEE H. J. BRUNNIER, SAN FRANCISCO CALIFORNIA 94101 JOHN M. BRYAN. SAN FRANCISCO CHARLES F. BULOTTI. JR.. CHAIRMAN CHARLES F. BULOTT;. JR.. SAN MATED FRANCIS J. CARR. _ H cwwuclSGG HARRY S. BAKER TELEPHONE • (415) 626-3000 S. V. CHRISTIERSON. SALINAs JACK F. DALY. JR. JACK CRAENER. SAN RAFAEL JACK F. DALY. JR.. EUREKA HARMER E. DAVIS HARMER E. DAVIS. oCR"LE HARRY D. HOLT HARRY D. HOLT. STOCKTON .•^'•s. HARMON K. HOWARD, wALNUT CREEK KARL L. WENTE `� .� MARVIN B. HUMPHREY. REND. NEVADA CHARLES W. WHERRY RONALD R. JAMES. SAN JOSE FRANK J. LODATO. PALO ALTO ~�wA•,.•r� FRANK MAcBRIDE. JR.. SACRAMENTO NEAL GARRISON WILLIAM M. OTTERSON. MERCER OBERT REDERSEN. SANTA ROSA EXECUTIVE VICE PRESIDENT ALFRED TISCH. CHI= CLAIM DEPARTMENT JAMES M. WELLS. SR.. REDDING R. V. PATTON KARL L. WENTE. LIVERMORE VICE PRESIDENT D. L. PEIRCE, MANAGER CHARLES W. WHERRY. MOomru GENERAL A..DE. HONORARY DIRECTORS WADE ACTON HAROLD J. MCCURRY. SACRAMENTO FRED J. OEHLER. SAN ,lose ASSISTANT VICE PRESIDEHT CLYDE W. RANN. BEDDIN 71 G GENERAL MANAGER August 11, R 1972 PORTER SESNON. SAN MATEO RECEIVED Ms. Dorothy Lazzarini, Deputy Clerk The Board of Supervisors, 'A 19l2 Contra Costa County W. T. P A A S C H Administration Building, Room 103 CLERK 80 RD OF SUPERVISORS CO TRA COT CO. P. 0. BOX 911 ByDeputy Martinez, CA 94553 Our Insured Andrade, Joseph, Jr. Our Claim No. 83-187489-0 Your Vehicle 1972 Matador Your Driver McGrath, Robert G. Location Pacheco & Santa Fe Avenues, Martinez, CA. Gentlemen: This will acknowledge receipt of your denial letter with supporting papers. I am in a loss to understand just how The Board of Supervisors could see fit to deny this claim. Is it a matter of routine? Liability is clear in this matter. The Highway Patrol report indicates that the cause of the accident was simply the inatten- tion of your driver, Robert McGrath, who failed to observe our vehicle stopped in front of him, as Mr. McGrath was looking to the left. The police report indicates that two vehicles had slowed and come to a stop, due to traffic in front of them. Driver #3 (McGrath) , failed to observe the slowing traffic and vehicle #3 struck the rear of #2 (our insured) , forcing vehicle #2 into vehicle #1 (Raymond Luna) . From the above it is quite obvious that this was a clear-cut case of liability,on the part of your driver. U�Z�� August 11, 1972 Page Two Also, please be advised our. insured sustained inju in accident. ry this Sincerely, ogatioCds lo, Jr. , 'ner Sn Section nJHC/bsm-A2-1+4 - r X} - CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: CALIFORNIA STATE AUTOMOBILE ASSOCIATION, INTER-INSURANCE BUREAU (Joseph Andrade, Jr. , their insured) Address : 150 Van Ness Avenue, San Francisco, California 9 .1.01 John H. Costello, Examiner, Subrogation Section AKS Amount: $750.00 Date Filed : July 19, 1972. By mail , postmarked ? 17-72 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: July 19, 1972 W. T. PAASCH, By t,y1tC4� Lourette Kincaid, 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 ,wi.ths-aid ` t 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 recopmnd referral to : - ? ( County' s general insurance carrier ,.{ ( ) Other insurance carrier; _.. - ( } County Counsel . DATED: 9 7d2 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 July 31, 1972 (copy of Board Order also attached ) . Please forward t is claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on August lt 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED: August 1, 1972 W. T. PAASCH, By Dorothy azzarini,Deputy IU . 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 : August 12 1972 Public Works , By � J",:.L--.,:j DATED: August 1, 1972 County Counsel , By 16 ` �''`' BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) CALIFORNIA STATE AUTOMOBILE ) ASSOCIATION, INTER—INSURANCE ) BUREAU (Joseph Andrade, Jr. , ) their insured) ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of Board's order of July 31, 1972, denying the above—captioned claim, together with "Notice of Denial" to the following: John H. Costello, Examiner, Subrogation Section CALIFORNIA STATE AUTOMOBILE ASSOCIATION, INTER INSURANCE BUREAU 150 Van Ness Avenue San Francisco, California 9 .101 I declare under penalty of perjury that the foregoing is true -and correct. Dated: August 1, 1972 , at Martinez, California . Ya Deputy Clerk I LED W. T. PAA CE I It,-71-500 CLEF BO RD OF SUPERVISORS !—71-500 STA CQO. By _K� _.._. L✓.. Deputy IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA- July 31. 1972 In the Matter of ) Claim for Damages. ) ) California State Automobile Association, Inter—Insurance Bureau (John H. Costello, Examiner, Subrogation Section), 150 Van Ness Avenue, San Francisco, California, . Joseph Andrade, their insured, having filed with this Board on July 19 , 197 2 , claim for damages in the amount of $ 750 (estimated) ; 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: AYE: Supervisors J. P. Kenny$ A, M. Dias, W. N. Boggess, E. A. Linscheid, 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 aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 31st day of July , 1971 . W. T. PAASCH, CLERK r orot azzar . Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: John H. Costello, Examiner, Subrogation Section . CALIFORNIA STATE AUTOMOBILE ASSOCIATION, INTER. INSURANCE BUREAU 150 Van Ness Avenue San Francisco, California 94101 (Your insured: Joseph Andradel Jr.) n y Sre s NOTICE IS HEREBY GIVENe e that the clain�/ rch ou to the County of Contra Costa on July 198 1972 was rejected by the Board of Supervisors of said county on July 31, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to- file a court action on this claim. See Government Code Section 9 .5.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: August 1, 1972 W. T. PAASCH, CLERK cc: Pacific Indemnity Co. By, 4341 Piedmont Avenue Dorothy La zarini Oakland, CA 94611 Dep ierk Attn:- Dick Nachtsheim f i Californiafate' Automobile Asociation PRESIDENT Inter- Insurance Bureau INSURANCE BOARD ARTHUR H. BREED. JR. ORGANIZED 1914 VICTOR K. ATKINS. SAN rRANCJsca HARRY S. BAKER. rREs.q D. ROBERTBARLOW. W.TSONVILLC 150 VAN NESS AVENUE . SAN FRANCISCO ARTHUR H. BREED. JR.. O.KLANO EXECUTIVE COMMITTEE H. J. BRUNNIER. SAN rR.NCIBCO CALIFORNIA • 94101 JOHN M. BRYAN. SAN rRANc,sCa CHARLES F. BULOTTI. JR., SAN MATEO CHARLES F. BULOTTI, JR.. CN v FRANCIS J. O CARR. SAN rRANCISCO HARRY S. BAKER ,L TEL PHONE . (415) 626-3000 S. V. CHRISTIERSN. SALINAS JACK CRAEMER, SAN R.r.EL JACK IT. DALY. JR. JACK F. DALY, JR.. EUREKA HARMER E. DAVIS HARMER E. DAVIS. BERKELEY HARRY 0.HARRY D. HOLT RECEIVED HARMON KH HOWARD KWALNUT CREEK KARL L, lV'ENTE s`~�s� MARVIN B. HUMPHREY, RENO. NEVADA CHARLES W. WHERRY RONALD R. JAMES. SAN JDBC 4 r^� �v-f FRANK J. LODATO, PALO ALTO �'! A `4 197 2 A�+•`" FRANK M.cSRIDE. JR.. SACRAMENTO NEAL GARRISON WILLIAM M. OTTERSON, McRcco CISECECUTIVC VICE PRESIDCN W. T. P A A S C H ALFRED PTISCH. CH SANTA RD$A ALFRED TISCH. cNtcO R. V. PATTDN 1, CLEiiK BOARrD OF SUPERVISORS CLAIM DEPARTMENT JAMES M. WELLS. SR., REDDINO ON A G CO. KARL L. WENTE. LIvcRMORE VICE PRESIDCNT � D. L. PEIRCE, MANAGER CHARLES W. WHERRY. MDDcsTc GRIER.L t.I.NwD[R Cy et`Ty July 17, 1972 HONORARY DIRECTORS WAGE ACTON �1�,�•f� ~r HAROLD J. MCCURRY. SACRAMENTO FRED J. OEHLER. SAN .last .SSISTANT VICE PRESIDENT CLYDE W. RANK. RCODINO GENERAL ....... PORTER SESNON, SAN MATED CSRTIPIBD H"L RETURN RECEIPT REQUESTED Clerk of the Board of Supervisors Contra-Costa County County Seat Martinez, CA Your Vehicle: 1972 Matador Your Driver : Robert G. McGrath Our Claim No: 83-187489-0 Our Insured : Andrade, Joseph Jr. Date of Loss: 6/21/72 Location Pacheco and Santa Fe Avenues, Martinez, CA Dear Sir: In accordance with Section 910 of the California Government Code, this is to formally place you on notice of our subrogated claim for the above loss due to the negligence of your employee. The facts and details as reported by our named Insured are as follows: Mr. McGrath of the Contra Costa County Public Defenders Office was driving County Vehicle #0647 on June 21, 19729 and negligently became involved in a collision at Pacheco and Santa Fe Avenues, Martinez with a 1972 Chevrolet 1/2 Ton Pickup, license #304EDG, driven by Alfred James Andrade, our Insured. Damages to our Insured's vehicle is in the estimated amount of $750.00, all of which will be paid by this Buceau, as under the provisions of our policy our Insured has no deductible interest. We shall forward final invoices as soon as they are available. Attached is Assignment of Claim and Subrogation Agreement. in rely y r , ohn R. Costello, Examiner JHC:dlg v'Subrogation Section cc: Chubb/Pacific Indemnity Group 4341 Piedmont Ave. Oakland, Calif. cc: Walnut Creek D.O. ASSIGNMENT OF CLAIM AND SUBROGATION AGREEMENT In consideration of the payment to the undersigned of the sum of ® a sum estimated to be. ---•---------------------------------------- SEVEN HUNDRED FIFTY AND N0/100----------------- DRAW ................................................. . ...._......_--.....-•-........----.........._.._•-----............... " --� __..._.._._.... Dollars, being the full amount of loss and damage insured against under an automobile insurance policy, number...M18 !4 9-0 _issued to the undersigned by the CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU, said loss and damage having occurred on or about the...........21st ....day of JUNE.........................191?...... the said undersigned hereby assigns and transfers to said Bureau....Ais................. said claim in the above amount plus......nO...........additional claim for damage resulting from said accident,not covered policy ! oRT a total under said. otic of insurance, in the amount of$....................... constituting a total estimated claim in the amount Of $3_5.Q'.9LQ.............. Said Bureau is hereby subrogated in-----my........place and stead to the extent of the above amount of the said total claim and is hereby authorized and empowered to sue, compromise or settle in.....my_.........name or otherwise to the extent of said total claim for loss and damage, and to endorse in my name any check made payable to me therefor, and collect and receive any money payable thereby. The undersigned covenants that-.he...has--_-..-not released or discharged any such claim or demand against such party or parties and that-._he-------will furnish to said Bureau any and all papers and information in...bAA.......... possession, necessary for the proper prosecution of such claim. Datedat... 1 ..�.._.w. ..� i ---this........./. ...day of.. ......_ ................................... WITNESS_... .:�. r_ _ ..... . FORM 1433 (REV.2-e2) - d f � n a z Q s f r4 Ob n i t—II O O � C • N {: H �ti A 00 rd 1-3 Zy H 'tYt��.ff rC n � 9 o {, Ko Cos zi (n . wt;•ttlt#ala►ri` Tt J CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : JOHN McMAHON Address : 1111 Court Street, Martinez, California Attorney: DOLGIN, KULLY & JAMESON, Attorneys at Law, P. 0. Box 1111 Martinez, California 94553 Amount : $100,000, plus other compensation Date Filed : July 12, 1972 By delivery to Clerk 7-12-72 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 Secti ns 0 and 910 . 2? DATED: July 12, 1972 W. T. PAASCH, By Doro 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 : ( ) Board may not act on claim until 15 days after notice is given by this office ; / ( ) Do not file claim, time limits have expired . r/ We rend referral to: ( ✓County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: 114 J. � 72— JOHN B . CLAUSEN, By t 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 Jul . 25 1972 (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 July 27, 1972 , and memo thereof filed and endorsed on claim, per Government Cod��on/az 703 , DATED : July 27, 1972 W. T. PAASCH, By Doroth ini 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 : July 27, 1972 Public Works , By DATED : July 27, 1972 County Counsel , By RE0EIVEff JUL 13 1979 *our*-rYcomsEL i BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING# In the Matter of Claim for } Damages: } JOHN MCMAHON j } } } I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21, and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: Board's order of July 25, 1972, together with "Notice of Denial" of above captioned claim to the following: JOHN McMAHON c/o DOLGIN, KULLY & JAMESON Attorneys at Law P. 0. Box 11119 Martinez, California 94553 I declare under penalty of perjury that the foregoing is true and correct. Dated: July 27. 1972 , at Martinez, California . X1.1 _.�..�._.�.__.. ., Deputy clerk FILED 1972 W. T. PAASCt I CLERK S RO OF SUPERVISORS Z�_71_500 RA�A CO. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: MR. JOHN MC 1-1AHOId c/o Dolgin, Kully & Jameson Attorneys at Lai P. O. Box 1111 Martinez, California 94553 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on July 12, 1972 was rejected by the Board of Supervisors of said county on July 25, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: July 27, 1972 W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk cc: Pacific Indemnity Company 4341 Piedmont Avenue Oakland, California 94611 Attn: Mr. Dick Nachtsheim IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA .Tnl U 25 1972, In the Matter of ) Claim for Damages. ) .Tnhn MrMahnn, 1111. Court Street Martinez.! California by anti through nnlgi_n,_ Kully Rr .Tamo�qnn! Attnrnanc at T.aur- p_ n_ Rny 1111 - Marti nP7,, ('.al i forni a having filed with this Board on T„1v 12 , 1972 claim for damages in the amount of $1QQ,.Qnn♦ plug nt her rmm�an cat i nn � NOW, THEREFORE, on motion of Supervisor A _ seconded by Supervisor T. p_ KPnnv , 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, W. N. Boggess, E. A. Linscheid. 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 2 %qday of , 197Z--:- W. 972_.W. T. PAAS CH, CLERK By. — - DoBepuzyL��erini cc: Claimant Public Works (3 ) Attention Mr. Broatch County Counsel County Administrator Sheriff-Coroner NOTICE OF CLAIM FOR PERSONAL INJURIES 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: Claim is hereby made against you for damages: 1. The name and post office address of the claimant is JOHN McMAHON, 1114 Court Street, Martinez, California. 2. The date and place giving rise to this claim are: On April 3, 1972 at the County Jail in the holding tank, Martinez, California. 3. The injury occurred when a jailer slammed a cell door on claimant's left hand. 4. The claimant suffered the traumatic amputation of the distal portions of his left middle and left ring fingers. 5. The amount claimed as a result of said injuries is $100,000.00 plus medical expenses, loss of income to be ascertained ` and is based on claimant's estimated medical expenses incurred and to be incurred and compensation for permanent injuries. 6. Future correspondence relating to this claim should be addressed to DOLGIN, KULLY & JAMESON, Attorneys at Law, P. 0. Box 1111, Martinez, California, 94553. Dated: July 12, 1972 ffiT» McMAHON, Claimant DOLGIN, KULLY & JAMESON Attorneys for Claimant By acic c a DAVID A. DOLGIN �..�• FILED ,!U L /z;1972 m T. PAASCH CLt4RK BOARD OF SUJ CQ VISORS tONT ;FA E7�PusY 8y APPLICATION TO PRESENT LATE CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: DONALD JOHN MOORE Address : c/o COLIN C. KELLEY, 66 Jack London Square #205, Oakland, California 94607 Attorney: Colin C. Kelley, 66 Jack London Square #205, Oakland, CA Amount : $250,000 (computed as of date of presentation of claim) Date Filed : July 14, 1972 By delivery to Clerk 7"14-72 I . FROM: Clerk of Board of Supervisors TO: County Counsel ' s Office application to present late claim. Attached is a copy of the above%Ciel[. Is it sufficient and does it comply substantially with Government Code Sections 91 and 910 . 2? 911.4? DATED: July 11,, 1972 W . T. PAASCH , By -'&'0D'oro y La z rini Deputy II . FROM: County Counsel ' s Office TO: Clerk of Board of Supervisors a i anon to present late claim Abo�'��sxa= complies substantially with Government Code Section 11.4. 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 rem nd referral to : ( ounty ' s general insurance carrier; ( Other insurance carrier; ( County Counsel . DATED: J r �y 7�- JOHN B . CLAUSEN, By 4De ut III . FROM: Clerk of Board of Supervisors TO : (1 ) Public Works Department, Attention Business & Services Manager (2) County Counsel ' s Office application to present late claim Attached are copies of above/XIW which was REJECTED by the Board of Supervisors on July 18, 1972 (copy of Board Order also attached ) . Please forward this claim to the County ' s general insurance carrier (or J . Claimant notified of this action per Government Code Sec- tion 913 on July 19, 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . J DATED : July 19, 1972 W . T. PAASCH , By ourette Kincaid, Depu y IV . FROM: (1 ) Public Works Department (2 ) County Counsel ' s Office TO : Clerk of Board of Supervisors application to This acknowledges receipt of copies ab, e and/or present board order, and forwarding endorsem -'` late claim DATED : 7 / C1� 7 L-- Public Works , By DATED : — )2 County Counsel , ByG � BOARD OF -SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Application ) F1 LED to Present Late Claim for ) Damages: } 43(! _ 197 } DONALD JOHN MOORE ; ) W. T. PAASCH } CLERK E30ARD OF SUPERVISORS } CONTRA COSTA CO. C' ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully , prepaid, a certified copy of the Board's order denying the above-captioned application to present late claim for damages, together with the notice of denial of said claim to the fallowing: Mr . Colin C Kelley Attorney at Law 66 Jack London Square #205 Oakland, California 94607 I declare under penalty of perjury that the foregoing is true and correct. Dated: July 19, 1972 , at Martinez, California . Lourette Kincaid, Deputy C1er 4-71-500 • .r Jtily.'1g, 1972Y c , C , . Colin Q. Esney attorney at raw 66 as�ok Lonaon Square X05 d, Californias ? Dear Mr. Selleys Ruclosed is a certified o0 Of the Hoard ofore by of an order denying the a $cation for of Contra Costa County Claim on if of tion for leave to Present late behalf of your client, Donald Jobe Mooree very t"uly yours, Wo To PAASpg# CLgRM ups Car DeputyClerk Btiolosure co: Pacific Ind'and Attu2 t`w: Itacfttshelm In the Board of Supervisors of Contra Costa County, State of California July 18 19z?.,- In the Matter of Application for Leave to Present Late Claim. Donald John Moore, 1701 Laguna Street, #311, Concord, California, through Colin C. Kelley, Attorney at Law, 66 Jack London Square #205, Oakland, California having filed with this Board on July 14, 1972 application to present late claim for damages; NOW, THEREFORE, on motion of Supervisor A. M. Dias , seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that said application to present late claim is hereby DENIED. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess , E. A. Linscheid. 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: Claimants/Attorney Witness my hand and the Seal of the Board of Administrator Supervisors Public Works (3 ) affixed this 18th day of July -, 19 72 Attn: Mr. Broatch W. T. PAASCH, Clerk County Counsel By � Deputy Clerk Lourette Kincaid N�a t t r7t lOM I COLIN C. KELLEY 2 Attorney at Law Pei 66 Jack London Square #205 y 3 Oakland, California 94607 ✓ / 4 Telephone: 444-1776 �. y �9' 5 Attorney for Claimant 6 7 8 In the Mattercf the Proposed APPLICATION TO PRESENT 9 Claim of CLAIM UNDER SECTION 911.4 OF THE GOVERNMENT CODE BY 10 DONALD JOHN MOORE A PERSON ACTING ON CLAIM 11 ANT'S BEHALF 12 against the State of California, 13 Board of Supervisors, County of Contra Costa 14 15 16 TO: THE STATE OF CALIFORNIA, BOARD OF SUPERVISORS, COUNTY OF 17 CONTRA COSTA: 18 1. I, COLIN C. KELLEY, the undersigned, as a person acting 19 on behalf of and as attorney for the claimant, apply for leave 20 to present a claim under Government Code Section 911.4. The 21 claim is founded on a cause of action for wrongful discharge and 22 damages which accured on and which resulted from an occurrence on r 23 March 6, 1972, and for which a claim was not presented within the 24 100-day period provided by Government Code Section 911.2. For 25 additional circumstances relating to the cause of action, reference 26 is made to the proposed claim attached to and incorporated as a 27 part of this application. 28 2. The reason for the delay in presenting this claim was 29 through mistake, inadvertence, surprise and excusable neglect, and 30 the County of Contra Costa was not prejudiced by the failure to 31 present this claim within the time specified in Government Code 32 Section 911. 2; all as more particularly shown by the attached 1`34 LAW OFFICER Of -1- E Coum C. KELLEY 66 JACK LONDON SQUAREi[1 �� PORT or OAKLAND BLDG. i!L iJIJ OAKLAND.CALIF.9460 444-1796 W. T. PAASCH CLERK BOARD OF SUPERVISORS /�O COSTA CO. BY/ - TRA Deputy 1declaration of COLIN 'C. KELLEY. 2 3. I am presenting this application.'within a reasonable 3 time after the accrual of this cause of action,, as more particu 4 laxly shown by the attached declaration of COLIN C. KELLEY. 5 WHEREFORE, I respectfully request that my application 6 be granted and that the attached proposed claim be received and 7 acted on in accordance with Government Code Sections 912.4 and 8 912. 6. 9 DATED: July 110, 1972, 10 11 13 COLIN C. KELLEY Attorney for Claimant 14 15 16 17 18 19 20 21 22 23 24 25 - 26 27 28 29 30 31 32 LAW orrtccs or Coum C. KELLEY -2- 66 JACK LONDON SQUARE PORT Or OAKLAND BLDG. OAKLAND.CALM 94607 444-1776 - 1 COLIN C. KELLEY Attorney at Law 2 66 Jack London Square 3 Oakland, California 94607 Telephone: 444-1776 4 5 Attorney for Claimant 6 7 g In the Matter of the Proposed 9 Claim of 10 DONALD JOHN MOORE, 11 against the State of California, 12 Board of Supervisors, County of Contra Costa DECLARATION. OF 13 COLIN CC.' KELLEY 14 15 I, COLIN C. KELLEY, declare: 16 That I am an attorney at law, duly licensed to practice 17 before all of the courts of the State of California; that I have 18 my offices at 66 Jack London Square #205, Oakland, California,. 19 and that I am the attorney for the claimant herein, DONALD+'_ZT0HN 20 MOORE. 21 That on June 2, 1972, a Verified Claim for Damages was 22 sent to Mr. Moore, at his home address of 1701 Laguna Street #311, 23 Concord, California, and it was requested that he read the claim, 24 sign it where indicated, and return to this office for presen- 25 tation to the Board of Supervisors, County of Contra Costa within 26 the 100-day period, which period would end on June 14, 1972. 27 That said claimant had moved from his aforementioned 28 residence address and, through mistake, inadvertence, surprise 29 and excusable neglect, did not inform declarant of a new residence 30 address. It was over one week before claimant checked the mail 31 box at his old residence and located and signed the said verified 32 claim and returned it to us for presentation. LAW OrrICES or -1 COLIN C. KELLEY 66 JACK LONDON SQUARE PORT or OAKLAND SLOG. CAKLANO.CALM 94607 444-1796 - 1 That 2 actual presentation Rama es of the Verified CI 4 Occurred� on June 15, 1972 aim for 3 of the 100-da . one day after Y period; that the expiration 4 verified presentation of the claim for damages Proposed amended 5 ges at this time is timely and r I declare reason 6 is true under penalty of Perable. and correct. perjury that the foregoing going 8 1972. Executed at OaklandCalifornia, this1th. da 1 9 , Calify of July, 10 11 12 COLIN C. KELLEY 13 Attorney for Cla' 14 15 16 17 18 21 19 20 21 22 23 24 25 26 27 28 29 30 3I - 32 LAW orrlaas or COLIN C. KELLEY 66 JACK LONDON SQUARE PORT OF OAKLAND BLOB. OAKLAND.CALIF.94607 444-1776 ...: 1 COLIN C. KELLEY 2 Attorney at Law 66 Jadk=London Square 3 Oakland, California 94607 4 Telephone: 444-1776 5 Attorney for Claimant fi 7 8 CLAIM OF DONALD JOHN MOORS, 9 Claimant, 10 11 V5. 12 STATE OF CALIFORNIA, BOARD 13 OF SUPERVISORS, COUNTY OF CONTRA COSTA, a Public Entity PROPOSED FIRST AMENDED 14 / VERIFIED CLAIM .FOR DAMAGES 15 16 TO THE STATE OF CALIFORNIA, BOARD OF SUPERVISORS, COUNTY OF 17 CONTRA COSTA: 18 You are hereby notified that DONALD JOHN MOORE, whose 19 address is in care of COLIN C. KELLEY, 66 Jack London Square #205, 20 Oakland, California 94607, claims damages from the State of 21 California, Board of Supervisors, County of Contra Costa, a 22 Public Entity, in the amount computed as of the date of presentati n 23 of this claim, in the sum of $250,000.00. 24 This claim is based on the wrongful discharge of . said 25 claimant from the Animal Control Center, Martinez, California, on 26 March 6, 1972, under the following circumstances: 27 Claimant was discharged from his position as Animal 28 Control Officer without due process of law, with malice and intent 29 to defame and degrade and embarrass claimant, subjecting claimant 30 to indignities, undue publicity, and loss of job opportunities. 31 The name of the public employee causing the said damage 32 is A. L. SEELEY. Lnw orrlees or -�-- COLIN C. KELLEY 66 JACK LONDON SQUARE PORT or OAKLAND BLDG. OAKLANo'a4ur.94607 444-1776 1 The damages sustained by claimant as a result of said 2 wrongful discharge is in the sum of $250,000.00. 3 All notices or other communication with regard to this 4 claim should be sent to claimant in care of COLIN C. KELLEY, 5 Attorney at Law, 66 Jack London Square #205, Oakland, California 6 94607. 7 DATED: June 29, 1972. 8f s ; , (!! . L 10 DONALD.-JOHN M90RE COLIN C. KELLEY Claimant Attorney for Claimant 11 12 13 V E R I F I C A T I O N 14 15 I, the undersigned, say: 16 That I am a party to the above-entitled matter; that the 17 foregoing document is true of my own knowledge, except as to the 18 matters which are therein stated on my information and belief, 18 and as to those matters, I believe it to be true. 20 I, DONALD JOHN MOORE, declare under penalty of perjury 21 that the foregoing is true and correct. 22 Executed on June 29, 1972, at Oakland, California. 23 24 r ^ 25 DONAL�' JOHN OORE 26 27 28 29 30 31 32 L^w orrlces or COLIN C. KELLEY _2! 66 JACK LONDON SQUARE PORT or OAKLAND BLDG. OAKLMio.CAL1r.94607 - 444-1778 - JAMES P. KENNY, RICHMOND THE BOARD OF SUPERVISORS EDMUND A. LINSCHEID IST DISTRICT CHAIRMAN - ALFRED M. DIAS, SAN PABLO CONTRA COSTA COUNTY ALFRED M. DIAS 2ND DISTRICT - VICE CHAIRMAN JAMES E. MORIARTY. LAFAYETTE ADMINISTRATION BUILDINGROOM 103 W. T. PAASCH, COUNTY CLERK , 3RD DISTRICT ANDEXOFFICIO CLERK OF THE BOARD WARREN N. BOGGESS, CONCORD P. O. BOX 911 MRS.GERALDINE RUSSELL 4TH DISTRICT EF CLERK EDMUND A. LINSCHEID, PITTSBURG HO MARTINEZ, CALIFORNIA 94553 P14 PONE 228.3000 5TH DISTRICT - EXTENSION 2371 To: ALYSON HASSENFORDER, a minor by JOHN HASSENFORDER, her father and guardian c/o Thomas Martin, Attorney at Law 10,626 1/2 South Normandie Torrance, California 90502 NOTICE IS HEREBY GIVEN that the application to file late claim which you presented to the County of Contra Costa on April 28, 1972 was rejected by operation of law on June 12, 1972. WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: July 14, 1972 W. T. PAASCH,CLERK By cc: County Counsel Dorothy azzari Pacific Indemnity Company Deputy Clerk 4341 Piedmont Ave. Oakland, CA 94611 Attn: Mr. Dick Nachtsheim THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: NOTICE IS HEREBY GIVEN that theAlaim which you presented to the County of Contra Costa on was rejected by }' onPf'►i�^^ of �"w - --• - ---on f �/?247 . WARNING Subject to certain exceptions, you have only six (6) months , from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: W. T. PAASCH, CLERK By Deputy Clerk 14.3. CROcKER CO.. INC. WRITE IT! -- DONI S IT! 4103 TO Clerk of Board7Barbara Kemp DATE 7/13/72 FROM County Counse],/FFarr SUBJECT Hassendorfer claim Attached is a copy of the application to file Late claim in the above referenced matter. JUfter discussion with a representative of Pacific Indemnity, we advise that a Notice of Rejection by operation of law be sent claimant. Please notify the undersigned if you have any questions. r< SIGNED PLEASE R PLY HERE TO DATE SIGNED INSTRUCTIONS— FILL IN TOP PORTION. REMOVE DUPLICATE(YELLOW) AND FOR- WARD REMAINING PARTS WITH CARBONS. TO REPLY, FILL IN LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE (PINK)AND RETURN ORIGINAL. fOPM MI03 P:7fy 1 THOMAS MARTIN 19626 1/2 South Normandie ��►� 2 Torrance, California 90502 327-2992 APR 3 ? 172 Attorney for Claimant COUNj,, 4 5 6 7 8 CLAIM AGAINST THE EAST BAY REGIONAL PARK DISTRICT; 9 THE COUNTY OF ALAMEDA: THE COUHTY OF CONTRA COSTA 10 11 In the matter of The Proposed ) Claim of ALYSON HASSENFORDER, ) APPLICATION TO PRESENT 12 a minor by JOHN HASSENFORDER, ) CLAIM UNDER SECTION 911.4 her father and guardian, against) OF THE GOVERNMENT CODE BY 13 THE EAST BAY REGIONAL PARR ) PERSON ACTING ON CLAIMANT'S DISTRICT; COUNTY OF ALAMEDA; ) BEHALF 14 COUNTY OF CONTRA COSTA. ) 3 15 ) 16 17 TO: THE EAST BAY REGIONAL PARK DISTRICT, THE COUNTY OF ALAMEDA, 18 THE COUNTY OF CONTRA COSTA: 19 'l. I, the undersigned, as a person acting as attorney for the 20 claimant, apply for leave to present a claim under Government 21 Code Section 911.4. The claim is founded on a cause of action 22 for personal injuries which resulted on or about September 19, 23 1971, and for which claim was not presented within 100 days from 24 the date of occurance. For additional circumstances relating to 25 the cause of action, reference is made to the proposed claim 26 attached to and incorporated as part of this application of 27 ALYSON HASSENFORDER, a minor, by JOHN HASSENFORDER, father and 28 guardian. Reason for the delay in presenting this claim was -1- V>x: ♦ A n i i 1 2 through execusable neglect and the named public entities were 3 not prejudiced by' the failure to present this claim within the- 4 time specified in the Government Code and it is further claimed- 5 that the claimant was a minor during all of the 100 day period- 6 eriod6 specified by Government Code Section 911.2 for presentation of 7 this claim. 8 The claimant at the time of the occurance was twenty 9 (20) years old and reached majority on March 3, 1972. 10 -Z. I am presenting his application within a reasonable time . ' 11 after accrual of this cause of action. 12 WHEREFORE, I respectfully request that the application be- 13 granted and that the attached proposed claim be received and 14 acted on in accordance with Government Code Section 912.4 and 15 912.8. 16 DATED: April 23, 1972 17 Martin -..THOMAS MARTIN = 18 Attorney for Claimant 19 20 21 22, 23 .. 24 25 26 27 28 2 NNW } k 1 THOMAS MARTIN ATTORNEY AT LAW 2 19625 1/2 So. Normandie-'.Ante: Torrance, Cal. 90502 3 327-2992 4 :Attorney for Claimant 5 6 7 8 CLAIM AGAINST THE EAST EAY REGIONAL PARK DISTRICT; 9 THE COUNTY OF ALAMEDA; THE COUNTY OF CONTRA COSTA 10 11 12 ALYSON HASSENFORDER, a minor by ) JOHN HASSENFORDER, her father and ) 13 guardian, ) - guar ) CLAIM FOR PERSONAL 14 Claimant J TNJURIES 15 vs. ) GOVT. CODE SEC. 910" 16 THE EAST BAY REGIONAL PARK ) DISTRICT, THE COUNTY OF ALAMEDA., ) i7 THE COUNTY OF CONTRA COSTA, and ) DOES I through X inclusive. ) 18 ) 19 TO: THE EAST BAY REGIONAL PARK DISTRICT, THE COUNTY OF ALAMEDA, 20 THE COUNTY OF CONTRA COSTA and DOES I through X inclusive: 21 You are hereby notified that ALYSON HASSENFORDER, a minor 22 at the time of the alleged incident, whose address is 429 Nancy 23 Place, Ferguson, Missouri, 63135, claims damages from defendants, 24 and each of them, in the amount computed as of the date of 25 presentation of this claim of $500,000.00. 26 This calico. is based upon personal injuries sustained by 27 claimant on or about September 19, 1971 at or near CHARLES LEE 28 TILDEN REGIONAL PARK treferred'to as TILDEN RH;,1I0NAL' Okw—.' -1- I M 2 That on or about September 19 ,19.71, claimant was intentionally, 3 wrongfully, unlawfully and violently assaulted, beat, struck,. cut 4 and injured in and about the body by unknown assailants while at 5 TILDE�J °pEGIONAL� PARK. The injuries resulted in physical .and . 6 internal damages around the face, neck, shoulders plus emotional 7 distress and hysteria. 8 The names of the public employees who negligently maintained 9 the park and thereby causing the injuries to claimant are .. 10 unknown to claimant at this time. 11 The injuries sustained by claimant, as far as known, as of 12 the date of presentation of this claim, consist of severe cuts, 13 bruises and iniuries to face, head , neck, shoulder , back, interna 14 injuries and shock and physical, mental and emotional trauma. 15 The amount claimed as of the date of presentation of this 16 claim is computed as follows: 17 1. Known Expenses for Medical Care: 18 a. Emergency Surgery, Herrick Hospital $1,.5.00.00 19 b. Anesthesia, Herrick Hospital $: 200.00 20 C. Blood Bank $ 111:00 21 d. Dental Care $ 75.00 22 e. Dr. Mulford $ 30.00 23 f. Emergency Room, Doctor $ 20.00 24 2. Other Expenses Unknown at Present 25 3. Genual Damages $500,000.00 26 4. Estimated Prospective Damages as Par as Known,-. 27 1. Future Medical Expenses Unknown at Present 28 2. Other Prospective Specials Unknown at Present 3. Prospective General Damages Unknown at Present_ 2 }sA: 1 - 2 A11 notices or other communicati claim sh on with regard: :to ,this: 3 should be sent to cla in►ant 4 LAW OFFICES 0 ' in care of her attorne T$O MARTIN, 19 Y herein, 626 I/2 So. Normandie Avenue, 5 Torrance, California, 90502 . Te 770-1596. lephone (213) 327-2992 or 6 (213) 7 DATED: April 22, 1972 8 9 s/Thomas.Martiiz THOA MARTIN 10 Atte Y for CIa giant. 11 12 13 14T.... 15 16 - 19, 6 19 47, 20 21 22 23 24 25 26 27 28 T -3 I': 1 VERIFICATION BY PARTY (446, 2015.5 G C. P.) STATE OF CALIFORNIA,COUNTY OF 2 I am t1u 3 4 in the above entitled action;I have read the foregoing 5 6 and know the contents thereof;and I certify that the same is true of my own knowledge,except as to those matters which 7 are therein stated upon my information or belief,and as to those matters I believe it to be true. 8 9 10 1 declare,under penalty of perjury,that the foregoing is true and correct. 11 Executed on �. , California 12 (date) (plai) 13 Signature 14 PROOF OF SERVICE BY MAIL (1013x,2015.5 C.C.P.) 15 STATE OF CALIFORNIA,COUNTY OF LOS ANGELES 1 am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years and not 16 a party to the within entitled action;my business address is: 17 19626 1/2 South orman a Ave, Torrancesitmitrornia 18 On April 24 ,19 1 served the trrith. Application to Present 19 CLaim and Claim for Personal Injuries County of ContratCbsta 20 on theThe Fast Bay Rpai_ona ark T)Jnf-rinf, rnunty of Alameda in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the 21 United States mail at Manhattan Beach, California 90266 addressed as follows: 22 Alameda County Contra Costa County 23 Office of the County Counsel Office of the County Counsel 1221 Oak Street County Court House 24 Oakland, Cal. 94612 P. O. Box 69 Martinez, Cal. 94553 25 East Bay Regional Park District 11500 Skyline 26 Oakland, Cal. 94612 Attn. General Manager 27 1 declare,under penalty of perjury,that the foregoing is true and correct. 28 Executed on April 24, 1972 at Torrance CaUlonsio (date) (place) S/ Ann Martinsirwaie CONTRA COSTA COUNTY CLERK'S OFFICE Inter Office Memo Date: June 21, 1972 To: County Counsel Attn. Mike Farr From: Clerk of the Board Subject• By: Barbara Kemp • Notice of Insufficiency — Alyson Hassendorfer On May 16, 1972 you transmitted to this office a"c'opy of a notice of insufficiency regarding the a of Alyson Hassendorfer to file a late claim. To date we -still holding this as well as the application brim file, transmittal note in ourare Can you please advise what our procedd to be in this matter. re is Thank you . H.S. CROCKER CO., INC. WRITE IT! - DON'T S Y IT! =`' = •M ,°3 To Clerk of the .60ard DATE 5/16/72 FROM County Counsel/Farr suejEcTAI son`!Las sendorfer: Anp1i- cation to" File Late Claim Attached is a copy of ax Notice of Insufficiency regardir_g the, above-referenced application. This office is retaining the application until further information 1.S =maysW received. 3 I� f7, Ca- 1` 01171�112- 1400 - SIGNED f PLEASE REPLY HERE TO DATE may' �.. f j IZECETVED ::IAV ((o 1972 W. T. PAASCH CLg,[i 8 RD OF SUPERVISORS iJ`IYl TR COS#A Ott. my Deauty SIGNED ... INSTRUCTIONS FILL IN TOP PORTION, REMOVE OUPLICATC (YELLOW) AND-FOR WARD REMAINING PARTS WITH CARBONS. TO REPLY. FILL IN LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE (PINK) AND RETURN ORIGINAL. roRM M103 NOTICE OF INSUFFICIENCY To: Alyson Hassendorfer c/o Thomas;Martin 19626-1/2%Normandie Ave. Torranc CA 90502 Please take notice as follows : The application to file late claim you presented against the County of Contra Costa fails to comply substantially with the requirements of California Government Code Section 911.4 or, is otherwise insufficient for the reasons noted below. 1. The application was not presented in the manner required by statute (Gov.C. §915) . 2. The claim attached to-the application fails to state a cause of action against the County of Contra Costa or any employee thereof. JOHN B. CLAUSEN, County Counsel By : Michael D. Farr Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C. C.P. 5§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 945539 and I am a citizen of the United States, over 1$ 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, California, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct . Dated: May 16, 1972, at Martinez, Palifornia. Carol , n ngs pc: „derk of Board of. Supervisors, ; Public Works Department Pacific Indemnity, ,Groups Attn: John A. Bohman SHERIFF-CORONER ` CONTRA COSTA COUNTY / Inter- Office Memo To : J. P. Mc Brien, County Administrator DATE : July 7, 1972 Attn= Frank Fernandez, Asst. to Co. A+dt. F R 011 : Walter F. Young, Sheri f f-Coroner Bys Harry D. Ramsay, Vndessheriff SUBJECT : Claim by Elmer F. Daniels - broken watch We are unable to determine hoer or when the wrist watch belonging to Elmer F. Daniels was damaged. The condition was not noted upon his entry into the jail. It was found to be damaged at the time he retrieved his property from the jailor. It ,should be noted that he was arrested for battery (hitting h13 mother-in-law) , and he was also noted to be belligerent at the time of booking indicated by his refusal to sign the booking record. It is possible that his watch was damaged prior to entry In the jail. Pertinent docummio is are attached. HDRAva $nc. CC1 Clerk of the Board of Smupervisors RECEIVED AL /21972 W. T. PAASCH CLER BOARD Or SUPERVISORS TRA f�35TA CO my 1/Yt r eputy 3/27/73 - Frank Fernandez advises that this will not come to the Board inasmuch as there will be no further action. F.P. SHERIFF-CORONER CONTRA COSTA COUNTY Inter-Office Memo --0 : A. 3ur}t.on, Capt/Detention DATE: 7/6/72 FROM : j,..�eL Zieut/4;tain Jail - t.. SUBJECT : PRO"El TY DA:AGE CMM - Emer F. Daniels, #171461 We reply to claim by above named subject for damage to personal property incurred while held in Martinez County Jail. History: Elmer Floyd DAPiIEI.S, #173.461.9 g 163082 entered Jail 9:45 pm on June 21, 1972 with detainer signed by Dep. D. DeD onte on Charge of 245 PC. Airing the 4/12 shift of that date the Booking officer was Dep. V. Chambers assisted by Sheriff's Service Aide P. Ziegler. Subject's personal prop- erty was routinely taken from his possession and • t - .]., 1L'19�0'1 A. SSS J.J. -1 .' l.� t,-J.• i @Ca--v is udp iJCV) recaip u uV vu officers. Subject released June 22, 1972 under provisions 829 PC and Certificate of Release signed by Sgt. H. Nielsen. Subject released from jail by Dep. D. Walker at 4:22 pm with return of all property. At time of transfer of property it was observed by subject that his watch was damned. Damage later confirmed orally by ,Dep. t7alker but not noted in writing at the moment. All officers concerned with the processing have been contacted and concur with above information. No one has recollection of the item being received in damaged condition. No reason can be offered for the reported damage. Duplicates of all records attached. BOOKING RE!'ORD -_ CONTRA C?STA COUNT" J" • • S r�lr�w� p. —� -v` _- ,:•8L `OR •IME 80pwED SENTENCE DATE --- -E.•Iiws+•/E RE_ , �>1V: -- - - _ •`- _ � SEX�7i�� _ ::.'.7 Tv N^ E; i=L= , =-"=- 'Y - NC';=' M + CAUC 1/21/26 44Ebw 20..4253 .�:ors - .'/�: - se+•ES PHYSICAL CO--:: 'O•. -- �' c..Y 9A . _ DfFORw ` STATED/ GOOD `i 245A PC IVLR NCTtFE ��(t►,C r.� $.atr+P:.tCE =f — STATE OCCUPATI 04% 'IT IZEN �Ea:vION OSARK A.°KAP:SAS WELDER USA NON A3:oZE=•:; - _ TY - STATE DRIVERS LICENSE %0 Mr?S 66 SHOP.E PD. WEST PITTS2QRG CAL I-FORNIA ISA14154- 4 AGE �^E•a"T WE:Gt4T CC-OR HAIR ':..CR E►Es l 46 5'9 165 1 BRN ! BLU MARRIED PROBATION p PAaOL: f 1'rofl► i HED YES NO =•NO=- NO YES ;_ --:,: : . - .�ti•E - ADDRESS tot=- UoS. STEEL COe PITTSBURG CALIFORNIA NAMES - AG✓'ESS OF NEAREST RELATIVE OR FRIEND SERVICEMAN SERIAL NO- � J t27�72 9200 Am NO ! ) ONE- DISPOSMON ( 3 ( ) 5 r!NE OR SEQvE AT PER DAY FOR DAYS } } S FINE OR SERVE AT S FINE OR SERVE AT ( } ) SERVE DAYS IN COUNT/ JAIL PROBATION MOS. Yom. r.�•�: r�=i:STED V.cYi. IV.A=RAN: % Z Z! 'CCle.MjTA1ENT 'T.T 'P I Si. i x I ' - TRAtiSPC�TaG GFiCEFc d 0_?T. CASH POSTED FC? C;%= S _=ED:T DAYS AT S FER DAY 5 ARREST,\3 OFFICER & DE°T. CASH POSTED FC? ?='L C HOW BOOKED 54 L 2OI.Z NO S sEARCr.E: R;NTS PHOTO BOOAED IX-RAY SAIL BOND h0. TOTAL J HOW RELEASED °ONDING AGENCY JAPPEARANCE DATA AND TIME: } TIME SERVED COURT ORDER FINE PAID CASH SAIL jt2 WL BOND PAROLED JO.R- 1849-8(1 IP.C. IosJ-o 3, P: If ,.'at` _ i '.,t. •'(,r�_ :'�- ''•' :'' RELEASED TO - NAME AND DEPT. R" t •J / �r s/ � ./ � �Y _ �Z�,,L.G._. REM. R,-, - •a■cr.■s c�.ar,.c s:.xan■c FINALRELEASEDATE ANG t•�•.c , (_ - - n Co. - --- TRANSPORTED TO COURT by NAME — L;EPT. 8 b - t t r ; ) _•:� __ -� ,,soo 442,6;9 I WARRANT // �- y11 • - CHECK BY -- .�. 1 4 L i 4 NO ARREST- DETENT101J 1 -- . z:w -- PC IV-7a12-711704W)W Ascert Evid Insuf , Admis Evid Insuf—_., EXON-----, NCF__, Fur Inves: Ot•.Tcr Officer's Name & Dcpt. 1Z7-- �"-� S 0 ' CONTRA COSTA COUNTY jAlL BOOKING AUTHORITY Time: 19--72— Please detain CL flEf' . FL 0>2 l)AVII91- S until a warrant or commitment may oe securea. Approx. speed ' Speed zone Charge - y-S 1-117- Court:- -117-Court:- To appear If prisoner is presented without a supporting warrant for his arrest, the person presenting him at the jai and in whose custody he is. should sign either ( a) or ( b).. (a ) I certify that the misdemeanor upon which defendant is being booked was committed in my presence . 1p 1 certify that the felony upon which the prisoner is being booked was (ZY-Committed in my oresence . That I have-reasonab!e cause to believe he is the responsible party. My reasons for so.de(I vir,,g are : /l�T,=--gip �,c-_��,�• ���� � ����L I� �.�iss ���r- ����� ��'� rte:.:.r eli r' If aDo\,e sLDie .: e-as a,'res:e-- on cn :b2 u:..2. :r-an �r',: i� r. Cc ,C- authorize release under Penal Coae 853.6ta ) YES NO Vehicle towed ani stored at (-, ,1J Signatu-e of Officer: ��- G� c�- Depar:^:ent or Agency: t" � S ►,itness : i Jai ler) s • s COUNlY JAM PROPERTY RECEiP i Mw F4*wimg pee !w was token from th+e bu"v doai wawtai b&6w when beaked at the Cowart, Jail at Mwtassz, CaIHOff' DATE �`No. 13283 NAME Ari N-�s W1 F2 0 a f� BCadl;lh� NO. 171 Vb f CHECK CLOTHING NO. CH=CK�� WATCH ti LIGHTR JEWELRY GRIPS WALLET _ BOXES MISC. PAFz"?S MISC. $Q GLASSES 14_ RAZOR. KNIFE KEYS _ HAT CdAT n� �AILER X �SSrNlli�� Gated Crr I.-S siip.f GJ/j tuts e-rf+j�caI BY Contra Co-ta County Jail MSO\ER"S REQUEST FOR l}hIO.NE CALL tee:; Ties I REQUEST TO CALL: Fill ' Namel plim _ Home {r Ill- 's $cx.,lstaen f / Friend Prisonct•s Name Oliiecr- Cvmnleting fixll ; ='^�-r" T.—r _ J�MTA State of California—Depor sn-int of Justice t P.O:Coat 1859,Sacrantesta,CoNfomies 93ZO9 BUREAU OF IDENTIFICATION .±.. s. Cis- 4 426 652 r DES OSMON REPORT Pursaaat to Secs. 111!5, 11116. 11117 Pe.resl fed*(c•yer) `r^E% Submitted Whenever are Arrest or Booking Has Been Reported to Eur C(91 tend/or F.8-1. S. fdi- 7:% AR. .ATiON T'07A ARRESTING AGENCY wacse ai zerott:-3 Acencr Yrhkh 2. Arresting Agency 3. Arrestee—Nufte as an FP Card 6_ Lo=l 171 461 Svbr%:t+ s.-rest Frir1t2 (If Other Than No.1) - (.ss on FP Cord Submitted) '3, ►rL R INTEZ DANIELS, Elz*tr Flc rd 7. K163 032 Socking or Arrest Number . azte hotted 18. Charges)on Whicn Booted—Sect,an,Code or Lay..Aobreviction of Odense S. (Needed by FBI only if FBI 121/72 number not available.) :. iota ►efeosed 245a $C Battery Finyerpriet Classification: )/22/72 1 Male X][ demote IF NO CCU;T APPEARANCE—How Released: B19b(1) PC, Detention Only 8496(2)PC, Intoxicotson _ Dote cf Binh: 2./21/26 Aacerrioi=.ble Evidence lnsuf.icient Admissible Evidence Insufficient Arrsove Exonerated Complainant Refuses to Prosecute Further Investgatio.. R31x } x Other (Specifyt c z Eel---sed !c :.nailer Acency !Shoe+ Nome and Location): F 3. Dale-4.6 Report 14. Otncer 4parti:t9—Narne and Title.Badge,or Serial Number o r ' '/23/72 W. F. Y00G, SHERIFF/gc Reports must be sent to Cil and Fi3i 1470:MATION FROM COURT—IF MORE THAN ONE CHARGE OR CCUNT INVOLVED, SHOW APPROPRIATE INFORMATION within 30 days of reiecse or termina- .5_ If Difierent ihon No.3 Above—True frame of Defendant,as an Complaint 16. Date of Disposition 17. Court Case Number tion of court proceedings. Add CII and FBI numbers so positive identifi- e cation can be made with prior record in Bureau files. F,NAl CHAIZGEiS11 19. DISCHAItGFD—•Shnw Label(over).and Addittonol 20. '7"—HOW 21. DISPOSITION or SENTFNC..E•• 22. r-nNvICTPn Ctosors,if Any: CONVICTED: STATUS Dism:ssed_ PG Felony Not Guilty PNr Misdemeanor_ boll Forf JuryReduxd Other Cour* Sec.17 PC, D'natssed— PG Felony Nat Guilty PNf Misdemeanor 6at7 Forf JuryReduced Other Court Sec 17 PG— Dismissed_ PG Felony Not Guilty PNt' Misdemeanor_,_. Soil Fotf JuryReduced Other Court Set 17 PC_ IF DISMISSED or DISCHARGED, specify disposition label as luted in Sedicn 11116 by appropriate letter; include reasons where they are required by the statute. •Di5PO57T;C 4 or ZBNTENCE—sho- institutional commitment. length of jail sentence. term of probation, amount of fine (and if paid), as applicable. Specify if jail is a C•ro:•!zon to prol+oticn or atnerw=se. Indkote or., s-uspensions or withh0ding of commitment. and in multiple convictions if sentences are concurrent or consecutive. i3. SUZZ2QUEKT ACTION—Judgment or Order Supplemental to Any Disposition lniormation Previously Reported WSPAISS!D 12x~:.1 PC 12"03.4a P{ , 1772 W31C Other 1:ECORD SEALED: 5517 PX 1203AS Pc 781 W31t' Other ,TTACH AUTHENTICATED OR CERTIFIED COPT OF MINUTE ORDER, DOCKET. OR DOCKET TRANSCRIPT IF RECORD IS TO BE SEALED (Sec 1530 Evidence Code) Date This Report 25. Name,Location of Court Reporting S;Z15LIi^!'; = s Ccpy fz-. Eur C151 FBI Artcttinp ASenry Court Cther (As Needed Locally) """So sa-Tl soots Tetr Or os, 49 r _ f CERTIFICATE-of PE...A$a�. As required by the provisions of Penal Code section 851.6 (Stats. 1969s ch. 1117), I hereby certify that the taking into custody of } ltn C ANIh 1 Son (Subject's (Date) by Chet Nit .'f (Name of agency taking custody was a detention only, not an arrest. -t9n/1 �.5 was released on (Subject's nazae) _ _ Wit► � ... �.. I. .t4r ... � -. _ v b Laic (Late (Name of Releasing Agency pursuant to the provisions of paragraph (1) of subdivision (b) of Penal Code section 849, pertinent portions of which appear on the reverse of this certificate. (Signed) Title State 460 whether releasing officer or his superior officer) CF1�zGr�S -i Ilu 1K CONTRA COSTA COUNTY CLERK'S OFFICE Inter• Office Memo Date: June 23,'' 1972 To: County Administrator From: Clerk of the Board By: Barbara Kemp Subject: Property damaged at the County Jail Elmer Daniels Pursuant to my conversation with Frank. Fernandez . in ,your office this morning I .am transmitting a copy of a . claim filed in this office yesterday by Elmer Daniels. He alleges that this damage to his personal property occurred while he was incarcerated at the County Jail. Will you please take the appropriate action and send us .a copy of any concluding action.. Thank you cc -Sheriff 9 m, 7z. �r C T11A rY ' 173 1,42 FILED JUN -V,1972 W. T. PAASCH CLERK SOARO OF SUi�ERVISORS 'CON OSTA C SY �` Mp CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : ROY SCARBOROUGH Address : 5126 Garvin, Richmond, California Attorney: MICHAEL LEWTON and JOHN A. McGUINN, Attorneys at Law, 220 Jackson Street, San Francisco, California 94111 Amount : $$22000 general damages plus medical expenses, which are not Date Filed : June 20, 1972 By delivery to Clerk June 20, 1972 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: June 21 , 1972 W. T. PAASCH, By 2a_n"na=ei`re 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--wfth,­said; . Sections - ( Board may not act on claim until' 15 days a-Aer notice is given by this office ; ( ) Do not file claim, time limits have expired . We reco nd referral to : ( County ' s general insurance carri.er;.`, Other insurance carrier; s 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 July 11, 1972 (copy of Board Order also attached ) . Please forwardttis claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on July 12, 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 99703 . DATED : July 129 1972 W. T. PAASCH, By Doro���ken 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 endorseme t I DATED : July 12, 1972 Public Works , By �i• DATED: j„jy 12,p jg72 County Counsel , By ,%-� BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ROY SCARBOROUGH ) I declare under penalty of perjury that ' I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of THE BOARD'S ORDER DENYING the above—captioned claim, together with the "Notice of Denial" of said claim to the following: ROY SCARBOROUGH c% Michael Lewton and John A. McGuinn Attorneys at Law 220 Jackson Street San Francisco, California 94111 I declare under penalty of perjury that the foregoing is true and correct. Dated: July 129 1972 , at Martinez, California . eputy Clerk F1 LIE ® Y-_ 11) 1972 W. T. PAASCH CLERK BO D OF SUPERVISORS C A COSTA CO. BY Deputy 1-,-71-500 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: MR. ROY SCARBOROUGH Michael Lewton and John A. McGuinn Attorneys at Law 220 Jackson Street San Francisco, California 91111 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on June 20, 1972 was rejected by the Board of Supervisors of said county on July 11, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: July 12, 1972 W. T. PAASCH, CLERK By cc: Pacific Indemnity Dorothy azzarini Deputy Clerk Attn: Mr. Dick Nachtsheim IN TTNB BOARD OF SUPERVISORS OF . CONTRA COSTA CObNTY, STATE OF CALIFORNIA July 11 19T` In the Matter of ) Claim for Damages. ) Roy Scarborough, 5126 Garvin, Richmond, California by and through his attorneys, Michael Lewton and John A. McGuinn, Attorneys at Law, 220 Jackson Street, San Francisco, California having filed with this Board on June 20 , 197 2 , claim for damages in the amount of $ 25,000 plus unknown medical expenses ; NOW, THEREFORE, on motion of Supervisor J. E. Moriarty , seconded by Supervisor W. N. Boggess , IT IS BY- THE BOARD ORDERED that said claim is hereby DENIED. The foregoing order was passed by the following vote of the Board: • i AYES: Supervisors J. P. Kenny, J. E. Moriarty, W. N. Boggess, A. M. Dias. NOES: None. ABSENT: Supervisor E. A. Li.nscheid. 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 11th day of July 1972 W. T. PAASCH, CLERK By Doroth Lazzarini Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator i FILED Claim Against the County of Contra Costa , City of Richmond , City of San Pablo , and JUN 19 1972 Richmond Unified School District P' z H, County MAI "T GL- i _. Depu Names and Address Roy Scarborough M. CRAI;iLETT of claimant: 5126 Garvin Richmond , Ca . Address to Which c/o Michael Lew-ton and Notice Should be John A. McGuinn Sent : Attorneys at Law 220 Jackson Street San Francisco , Ca . 94111 Date , Place and April 19 , 1972 ; 8 :00 a .m . , Circumstance of San Pablo Avenue and Church the Occurrence : Lane , San Pablo , Ca . Claimant suffered personal injuries as a result of being hit by negligently driven school bus . Description of Injury Fractured left wrist , Incurred Insofar as injury to left knee , lower t Known : back injury , and multiple contusions , lacerations , and abrasions . Name and Address of Beth Charlene Blacker Public Employee 815 San Pablo Avenue Causing Injury: Pinole , Ca . Patchett Bus/Trans . Co . 101 Ohio Richmond , Ca . Amount Cl4imed and $25 ,000 .00 general damages Basis of Computation : plus medical expenses , which are not known . It r� Dated : June 9 1972 ��-�1 :,t��,`�• , vc �! - ti Roy,Scarborough Received for W. T. Paasch, Cl k, on June 192 1972, at 2:40 p.m. By Legal Clerk in Richmond FILED Clerk's Office i ll N 20, 1972 W. T. PAASCH q%.ZIIK BOARD OF SUPERVISORS 14rRA COSTA CO. _ Deputy r 0 , NOTICE OF INSUFFICIENCY To: Roy Scarborough c/o Michael Lewton and John A. McGuinn 220 Jackson St. San Francisco CA 94111 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 not signed by the claimant or by some person on his behalf. 9. Other: IUIN -z 1972 i JOHN AU EN,� Co nsel W. T. PAASCH CLERK BOA9RD OF SUPERVISORS (/ BY C RA COSTA CO. By w Deputy Deputy County Couns&l MDF:mk Michael D. Farr 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 p.ostage 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: June PP 197P 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 .22 910. 42 910 .8) CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: RICHARD JACKSON and DIANE L. JACKSON- Address : 2337 Walnut Boulevard, Walnut Creek, California Attorney: BENDER & WAITE, 5277 College Avenue, Suite 105 , Oakland, California 94618 Amount: $100 ,000 , computed as of the date of presentation Date Filed : June 15, 1972 NYXXXXXXI"XXXXBXXXX By mail , postmarkedne 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 910 and 910.2? DATED: June 15, 1972 W. T. PAASCN, By DeannaPetrie Deputy II . FROM: County Counsel ' s Office TO:/ Clerk of Board of Supervisors V_ 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 reend referral to : co ( County ' s general insurance carrier; ( ) Other insurance carrier; County Counsel . DATED: /` JOHN B . CLAUSEN, By �Jl� 77 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 July 51 1972 (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� 5P 1972 and memo thereof filed and • endorsed on c aim, per Government Code Section Aiikni 703 DATED. .Tnl 5,_1972 W. T. �AASCN, 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 : July 5 1972 Public Works , By DATED: jul3r 5_;_1972 County Counsel , By �� BOARD OF SUPERVISORS, CONTRA COSTA COUNTY.. CALIFORNIA. AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) RICHARD JACKSON and ) DIANE L. JACKSON, Claimants ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of The Board's order denying the above-captioned claim for damages, together with notice of denial thereof to the following: RICHARD JACKSON and DIANE L. JACKSON C/o Bender & Waite, Attorneys at Law 5277 College Avenue, Suite 105 Oakland, California 94618 I declare under penalty of perjury that the foregoing is true, and correct. Dated: July 5. 1972 _ , at Martinez, California . Doro6y 4La %2=rinJ_ F 1 L E ® Deputy Clerk JUL. 5, 1972 W. T. PAASCH CLERK 80 D OF SUPERVISORS N A COSTA CO. BY ` Deputy 4-71-500 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: RICHARD JACKSON & DIANE L. JACKSON c/o BENDER & WAITE, ATTORNEYS AT LAW 5277 College Avenue, Suite 105 Oakland, California 94618 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on :T„np 15 1022 was rejected by the Board of Supervisors of said county on July 5. 1972 • WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 9 .5.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: July 5, 1972 W. T. PAASCH, CLERK By Dorothy Lazzarini cc: Pacific Indemnity Co. Deputy Clerk Attn: Dick Nachtsheim I . r IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA July5 , . 197+ In the Matter of Claim for Damages. Richard Jackson and Diane L. Jackson, 2337 Walnut Boulevard, Walnut Creek, California, through their attorneys, Sarita Camille jrlaite and Susan A. Bender, 5277 College Avenue, Suite 105, Oakland, California, having filed with this Board on June 15 197 2 , claim for damages' in the amount of $, 100,000 (computed as of date of present' tion of ] nim) NOW, THEREFORE, on motion of Supervisor J. E. Moriarty. , seconded by Supervisor J. P. Kenny , IT IS BY* THE BOARD ORDERED that said claim is hereby DENIED. The foregoing order was passed by the following vote of -the " . Board: AYES: Supervisors J. P. -Kenny, A. M. Dias, J. E. Moriarty, W. - N. Boggess. NOES: None. ABSENT: Supervisor E. A. Linscheid. I 'HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this ' 5th day of July , 1972 W. T. PAASCH, CLERK z2 Dorot y Lazzarini Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch �CCCounty AACounsel WalnuLy Cree1lcnarivi �e Judicial District SARITA CAMILLE WAITE ILED 1 SUSAN A. BENDER �, BENDER & WAITE LF /� �� 2 5277 College Avenue, Suite 105 T, PAAWH$ Oakland, California, 94618. T*°W "PRIWI opsU wwty 4 Telephone : (415) 655-304 + NNW 6 Attorney for Claimant 6 $ CLAIM OF RICHARD JACKSON and DIANE ) L. JACKSON, ) 9 ) CLAIMANTS'. ) CLAIMFOR INJURY 10 ) {SECTION 910 . OF THE VS . ) GOVERNMENT CODE. ) 11 ) COUNTY OF CONTRA COSTA, a political ) 12 subdivision of the STATE OF CALIFORNIA, ) WILLIAM H. DAVIS, individually and as ) 13 MARSHAL of CONTRA COSTA COUNTY, and } DOES I through X. ) 14 } 15 TO THE COUNTY OF CONTRA COSTA, a political subdivision 16 of the STATE OF CALIFORNIA, WILLIAM H. DAVIS, indivi- dually and as MARSHAL of CONTRA COSTA COUNTY, AND TO 17 ALL THE ABOVE NAMED DOES 18 YOU ARE HEREBY NOTIFIED that RICHARD JACKSON and DIANE-..,L. 19 JACKSON, whose address is 2337 Walnut Boulevard, Walnut-Creek, 20 California, claim damages from the COUNTY OF CONTRA COSTA, 21 WILLIAM H. DAVIS, individually and as MARSHAL of CONTRA .COSTA 22 COUNTY, and any unknown individual employees named herein as DOES 23 I through X in the amount, computed as of the date of presentatio 24 of this claim of $100,000.,00. 25 This claim is based on injuries sustained by claimants. on 26 or about April 26 , 1972, in Walnut Creek, California, when they 27 were injured by the acts of MARSHAL DAVIS and his agents when 28 he caused a Notice of Attachment to be tacked to claimants home 29 and caused a Notice of Sale to be published. Such acts were the 30 result of the negligence of the COUNTY, the MARSHAL and his 31 employees acting in the scope of their employment and acting with 32 malice. 1 As a result of the aforementioned injury, the. claimants; 2 have been injured in the quiet enjoyment of their home i have g had their reputation and credit lessened and have 'expended - legal 4 costs in the sum aforementioned. 6 All notices or other communication 'with regard to this 6 claim should be sent to claimants at the address of the under- -7 signed, which is15277 College, Avenue, Suite 105, Oakland, .,- 8 California, 94618 . 9 DATED: June 14, 1972 . 10 BENDEAYAI9PE,, 11 BY SAR CAMILLE WAITE 12 Attorneys for Claimants 13 14 .., 15 16 17 18 = 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (2) 1 PROOF OF SERVICE BY:MAIL 2 I am a citizen of the United States and a resident . of -.the 3 County of Alameda, I am over. the age of eighteen years and not a 4 party to the within action; my businessaddress. is 5277 College 5 Avenue, Suite 105, Oakland, California, 94618; an June 14,_19723 6 I served the within CLAIM FOR INJURY on the following parties to 7 said action by placing_ a true copy thereof enclosed in a sealed ; 8 envelope with postage thereon fully prepaid in the United States 9 Post Office mail box at Oakland, California, addressed as follows': 10 CLERK, BOARD OF SUPERVISORS ` JOHN B. CLAUSEN., COUNTY OF CONTRA COSTA' COUNTY COUNSEL, 11 Administrative Building' (MICHAEL. D. FARR) Martinez, California. -P.0.. Box 69 Courthouse 12 Martinez, California. 13 ALLAN DeFRAGA GORDON, WALTZ, DeFRAGA 14 HATZENBUHLER 611 La Juntas Street 15 P .O. Box 630 Martinez, California. 16 17 I, SARITA CAMILLE WAITE,` certify ,(or declare): under 18 penalty of perjury,' that the foregoing is true and correct. . -19 Executed on June 14, 197 at Oaklanj C 1' ornia.. 20 SA A` CAMILLE WAIVS 21 22 23 24 25 26 27 28 29 34 3�. 32 0 L D v QI ; , m Doy� Z O m D Y < a 2Ptr � D p c f D SZ ma � � o m ¢� (D w� ct N chi' O U3 4 �k a ct 0 Q+ O top En W Q,to CD ct V'sW O N 4 • a 'I WEST r SMALLIMS COURT,�bAiAFID JUDICIAL&TRICT (Rodeo Branch) CO TY OF CONTRA COSTA, STATE OF CALIFORNIA MARY Be MOIITINHO vs COUAiTY OF CONTRA COSTA- WATdW E.-vnTtNG- PWINTIFF(S) DEFENDXNT(S) SHERIFF JUDGMENT was rendered in favor of Plaintiff MARY Be MOUTINH0 / 515 Loring Avenue No.scM 4403 Crockett, California 94525 NOTICE OF ENTRY OF JUDGMENT Before Hon. Wilson Locke CONTRA COSTA CO. Date of Entry RECEIVED.CEfVERECEIVED.June 2 1972 � Principal $ 282.50 JUN 2 6 1972 Costs $ 3.50 Otfla d Conty AdOWNUft NOTE: Payment of judgment (Principal plus Costs) is to be made directly to party in whose favor it was rendered. and AGAINST Defendant Dated -Tune5s 1972 COUNTY OF CONTRA COSTA EDNA J. BLUSHER, Clerk Walter F. Young, Sheriff Martinez, California 94553 - f By i :.tll„ DEeu7V_ Defendant's time for appeal expires twenty days From date judgment entered. w -C OFFICE OF THE SHERIFF-CORONER CONTRA COSTA CO. CONTRA COSTA COUNTY RECEIVED WALTER F. YOUNG SHERIFF-CORONER JUN 2 6 1972 MARTINEZ. CALIFORNIA 94553 June 20, 1972 oft of �iYst II&N Eo yq M�NCiP��' S((/s �• V Br w�jlk��6er�fR' C(f West Judicial District ~'`" •..�uDiQ "%�M° �+ P. 0. Box'247 Rodeo California 94572 •, "� Gentlemen: I believe the enclosed Notice of Entry of Judgment was sent to us in error. Please forward same to Mary B. Moutinho with instructions to obtain the Writ of Execution, Very truly yours, WALTER F. YOUNG, Sheriff-Coroner Lt. Larry Ard Civil Bureau LA:fb Encls. Rodeo, Calif. 6/23/72 We have contacted ]yrs . Moutinho and she advises that she did not send this Notice of Entry of Judgment to your office. At the time judgment was entered, a Notice of Entry of Judgment was mailed to Mrs. Moutinho , and to the County of Contra Costa. This Rendition of Judgment is for the county. y Y, ZA) In the Board of Supervisors of Contra Costa County, State of California June 26 , 19 2 In the Matter of Accepting Department of Mental Hygiene audit decision for Contra Costa County Community Mental Health Services. This Board having received a letter dated May 12, 1972 from J. M. Stubblebine, M.D. , Director of 'the Department of Mental Hygiene of the State of California making- adjustments to the final audit report of the Contra Costa County Community Mental Health Services for the period from July 1, 1967 through June 30, -1969 in which he determined that the net amount due to the State is $149,254; and This Board having on November 16, 1971 previously authorized a settlement in the sum of $150,000 with the State Department of Mental Hygiene with regard to the audit report and the exceptions taken to it by the County -' and IT IS BY THE BOARD ORDERED that the final audit report of the Contra Costa County Community .Mental Health Services for 'the period from July 1, 1967 through June 30, 1969 as modified by the .May 12, 1972 letter from Dr. Stubblebine .is ACCEPTED, the County Auditor-Controller .is AUTHORIZED to make payment of $149,254 to the State of California by October 15,1972 and the Board's orders of November 16, 1971 and November 23, ' 1971• regarding -this matter are RESCINDED. PASSED AND ADOPTED this - 26th day of June by this Board. 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: State Department of Supervisors Mental Hygiene c/o affixed this 26th day of June , 19 72 County Welfare Director County Welfare Director T. PAASCH, Clerk County Auditor ByLDeputy Clerk County Medical Director Deanna Petrie County Counsel County Administrator WWW:mk W24 It/71 10M In the Board of Supervisors of Contra Costa County, State of California November 30 19 11 In the Matter of Settlement of State Department of Mental Hygiene Audit Exceptions for Contra Costa County Community Mental Health Services . This Board on November 16, 1971 having authorized the County Auditor-Controller to make payment of $150,000 to the State of California, Department of Mental Hygiene, in settlement of audit exceptions for Contra Costa County Community Mental Health Services for the period July 1, 1967 through June 30, 1969; and On motion of Supervisor J. E. Moriarty, seconded by Super- visor A. M. Dias, IT IS BY THE BOARD ORDERED that its November 16, 1971 order is HEREBY AMENDED to specify that payment of the aforesaid sum of $150,000 shall be made on October 1, 1972• The foregoing order was passed by the following vote: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. _ Boggess, E. A. Linseheid, J. P. Kenny. NO ES s None. ABSENT: None. 1 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. co: Auditor-Controller Witness my hand and the Seal of the Board of County Counsel (3) Supervisors Medical Director affixed this 30th day of November , 19 71 Administrator W. T. PAASCH, Clerk By 1�/kGd.L�_ Deputy Clerk Lourette Kincaid , H 24 4/71 IoM $t 1 In the Board of Supervisors a of 4 Contra Costa County, State of California s November 16 197-L } i in the Matter of Settlement of State Department of " Mental Hygiene Audit Exceptions for Contra Costa County Community f Mental Health Services. 1 i The Board having heretofore authorized County Counsel to offer the State Department of Mental Hygiene the sum of $100,000 as total settlement for their audit exceptions for Contra Costa County Community Mental Health Services for the period July 1, 1967 3 through June 30, 1969; and County Counsel having this day reported that an offer of $150,000 as total settlement for the aforesaid audit- exceptions was accepted by Mr. Andrew G. Robertson, ' Chief Disputes Director-, State of California Department of Mental Hygiene, with the condition that the County make certain adjustments in the method of allocating to Mental Health Services the resident physician costs and administra- tive overhead costs at the Multipurpose Centers beginning not later than with the 1971-1972 fiscal year; On motion of Supervisor E. A. Linscheid, seconded by Supervisor W. N. Boggess, IT IS BY THE BOARD ORDERED that aforesaid total settlement is APPROVED and the County Auditor-Controller is AUTHORIZED to make payment of $150 ,000 to the State of California Department of Mental Hygiene. The foregoing order was passed by the following vote: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. 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 cc: County Auditor- Supervisors Controller affixed this 16th da of November , 1971 County Counsel(d) y — County Medical Director W. T. PAASCH, Clerk County Administrator De Clerk oro A. Har Hess Deputy H 24 4/71 IoM e` CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER—INSURANCE BUREAU (Paul T. Lefter, their insured Address : 150 Van Ness Avenue, San Francisco, California 94101 W. T. Bain, Examiner, Subrogation Section XXEU $ Amount : $320.52 Date Filed : June 20, 1972 By mail , postmarked -1-72 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 10 and 910 . 2? DATED: June 2Q} 1972 W. T. PAASCH, By Gi®r 2t 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 recom end referral to : ( ✓7County ' s general insurance carrier ; ( ) Other insurance carrier; ( ) County Counsel . DATED: ,,,e 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 26 1912 (copy of Board Order also attached ) . Please forward tis claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on June 27 , 1972 , and memo thereof filed and endorsed on c aim, per Government Code Section 29703 . DATED : June 27, 1972 W . T. PAASCH , Bye�Petri e � Deputy IV . FROM: (1 ) Public Works Department (2 ) County Counsel ' s Office TO : Clerk of Board of Supervisors This acknowledges receipt of copies of a4Vve claim and/or board order , and forwarding endorseme I . DATED : June 27 , 1972 Public Works , B, DATED : June 27. 1972 County Counsel , By IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 26 , 197,.;2 In the Matter of ) Claim for Damages. ) California State Automobile Association, Inter-Insurance Bureau, 150 Van Ness Avenue, San Francisco, California 94101, Attention: W. T. Bain, Examiner, Subrogation Section having filed with this Board on June 20 , 197 2 , claim for damages in the amount of $ 320.52 ' NOW, THEREFORE, on motion of Supervisor J. P. Kenny , 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. NOES: None. ABSENT: Supervisor W. N. Boggess. 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 June 197-2 . W. T. P AAS CH, CLERK By eanna etrie Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: CALIFORNIA STATE AUTOMOBILE ASSOCIATION, INTER-INSURANCE BUREAU 150 Van Ness Avenue San Francisco, California 94101 Attention: W. T. Bain, Examiner, Subrogation Section . NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on June 20, 1972 was rejected by the Board of Supervisors of said county on June 26, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: June 27, 1972 W. T. PAASCH, CLERK By Deanna Petrie Deputy Clerk ee Pacific Indemnity Company BOARD OF SUPERVISORS, CONTRA COSTA COUNTY-, FCALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: CALIFORNIA STATE AUTOMOBILE ) ASSOCIATION, INTER-INSURANCE ) BUREAU (Paul T. Lefter, their insured) } I declare under penalty of perjury that I am now, , and at all times herein mentioned have been, . a citizen of the United States, over age 21; . and that today I deposited in the United States Post Office in Martinez, . California, postage fully prepaid. a certified copy of : Board 's order of June 25, 1972 denying above-captioned claim, together with Notice of Denial of same to the fallowing: CALIFORNIA STATE AUTOMOBILE ASSOCIATION, INTER-INSURANCE BUREAU 150 Van Ness Avenue San Francisco, California 94101 Attention: W. T. Bain, Examiner, Subrogation Section I declare under penalty of perjury that the foregoing is true and correct: Dated: June 27_, 1972 , at Martinez, California . Ecanna atria Deputy _er _ �w 2 W. T. CLERK BOARD OF SUPERVISORS NIRA CO [By puty 4-71-500 � California Sate Automo b e it Asoc iation PRESIDENT Inter- insurance Bureau INSURANCE BOARD ARTHUR H. BREED, JR. ORGANIZED 1914 VICTOR K. ATKINS. SAN rRANCISCO HARRY S. BAKER, rRESND SONVILLE 15O VAN NESS AVENUE • SAN FRANCISCO D. ROBERT BRE D, .. OAKLAND ARTHUR H. BREED. JR.. OAKLAND EXECUTIVE COMMITTEE H. J. BRUNNIER, sAN rRANCfsCo CALIFORNIA • 94101 JOHN M. BRYAN, SAN CHARLES SCa CHARLES F. BULOTTI. JR.. C­10... CHARLES F. BULOTTI. JR.. SAN MATED. TELEPHONE (415) 626-30130 FRANCIS CARR. SAN ..cisw HARRY S. BAKER S. V. CHRISTIERSON. saLIMuNas. JACK CRAEMER. SAN RATAEL. JACK F. QALY. JR. JACK F. DALY. JR.. CUREKA HARMER E. DAVIS HARMER E. DAVIS. BERKELEY HARRY D. HOLT, sn=TDN HARRY D. HOLT HARMON K. HOWARD. WALNUT CREEK KARL L. WENTE `P" s4y,. MARVIN S. HUMPHREY, RENO. NEVADA CHARLES W. WHERRY RONALD R. JAMES, SAN JOsE FRANK J. LODATO. PALO ALTO •+,a..•� FRANK MACBRIDE. JR., SACRAMENTO NEAL GARRISON WILLIAM M. OTTERSON. MERCED OBERT PEDERSEN. SANTA ROSA EYCCUTIVC VICE PRESIDENT ALFRED TISCH. CNICO CLAIM DEPARTMENT JAMES M. WELLS, SR.. RCODIND R. V. PATTON - KARL L. WENTE, LIVERMORE VICE PRESIDENT D. L. PEIRCE, MANAGER CHARLES W. WHERRY, MODESTO DENCRAL MANACC4 WADE ACTON June 19, 1972 HONORARY DIRECTORS HAROLD J. MCCURRY, SACRAMENTO ASSISTANT VICE PRESIDENT FRED J. OEHLER. SAN JOSE MANADCR CLYDE W. RANN, RCDDIND GENEV PORTER SESNON. SAN MATED CERTIFIED MAIL RETURN RECEIPT REQUESTED Clerk of the Board of Supervisors County of Contra Costa County Seat Martinez, California Our Claim No; 80-092228-6 Our Insured ; Lefter, Paul T, Date of Loss: 3-14-72 Location : On Brown Drive near Dalton, Lane,. Pacheco, CA Dear Sir: In accordance with Section 910 of the California Government Code, this is to formally place you on notice of our subrogated claim for the above loss due to the negligence of your employees. The facts and details as reported by our named Insured are as follows: Our Insured reported his vehicle damaged as a result of negligence on part of County Employees in improper maintenance of County Road and in not so posting such operational hazard. Damages to our Insureds vehicle is in the amount of $320.52, per attached, which includes the $150 deductible interest of our Insured. Sincerely yours, F I LEL T. A6., Examiner AIN 20, 1972 Subrogation Section WTB:rmr W. 1'. PAASCH ARD OF SUPERVISORS cc: Livermore District Office CLERK BOTRA cosrA 90. BY Deputy v"' .�'• vi'�Twi9 t yA�`�B s - •L Lafay' te Body &mintork� h �� j 3291 SAT. DIABLO BLVD. n„ �'-IHrwr Tow;Servic IAFAYETTE,CALIFORN '�' � - Telephond,:383-3421 Name �Policy No ti y Make oclel ?- _ _._._.Motor _License_T Serial No. -_.._.__Mileage Condition _ Location __ ___._____EstimatorDat e7__ S robot FRONT Labor Ho. Parts Sy, ICCT Sytabd. .. RIGMT tabor Hre. Parts Bumper i FeilrJer Bumphr Rail q, Fender Ornatrent Bumper Bracket Finder Shield �••�•• i# Fender Mldg. Bumper Guard 1 Headfemp Frt System ' Headlamp Door as Frame Sealed Beam Cross Member a }; — Cowl Wheel Door, Front Hub Cap , Door Lock Hub and Drum 'Door Hinge Knuckle 1 - Door Glass, Clear Tint Knuckle Sup. Ven? Glass, Clear Tiny Upper Cont. Arm-Shaft Door MI Lower Cont. Arm• haft I1 ” Door-Handle. Shock - - - r'.,- , Center Post -- W,ndsh,eld Glass-Tint • Door, Rear' ' Back Glass Door Glas, Clear Tint mida. Tic Rod Rocker Panel Steerin2 Gear Roeker M) Steering Wheel i Sill Plate Horn Ring I } �- ! Flow r Gravel Shield I ( • ,. l Parking Light i !� t Cur. Inner Grille l _ OuarfPaneL !) Quar. Midg. (j Quare Glace,Clear Tint i Fender Rear Y i Fender Mldg. j - Fender Pad Mirror 1 _. IMISC. Horn i Instrument Panel Baffle, Side Front,Seat Baffle, Lower `f -;,Front Seat Adj. Baffle, Upper y Trim Lock Plate. Lower I 'Headlining Lock Plate. Upper 4 —_ Top +~ Hood TopTom 132 WW.BW Hood Hinge f tube Hood Battery Hood Letters aim • { 7 'I rnament Radiator Sup. .. adiator Core Radio.Antenna . r SUMMARY _ - Radiator Moses Fan Blair _ j >Q. tJL) Labw _w• l7 9 S '.-�C PSI S 4-76 XC Waver Pum .Motor ( I _ ' 'f! Tax r •<*°Trans. LinknO �z_'ea._ (µ WE AUTHORIZE M WrItIft TOTAL S J i tr •.AGREED BY �;•'. , .. _ .• �}. } jl Z 'G A e - - Lafayette Body & Paint Date 3 �' �r`r"Ptwne .�� TOWING _ LAFAYETTE, CALIF s s Name • . 3291 MT. DIABLO BLVD. d',' Tol"Aam 283.3431 �< Address City MAKE YEAR LICENSE NO. DUAN. - DESCRIPTION OR WORK DONE - PARTS LABOR-.;110URS t [. ` LJ - SK i HEREBY AUTHORIZE REPAIR WORK TO BE DONE AS DESCRIBED ABOVE WITH NECESSARY PARTS, TO RL L"nim -. TOTAIL I.ASOR'- -� AT YOUR R[OULAR PRICES. 1 AGREE TO PAY CASH ON DELIVERY OF CAR OR ON SATISFACTORY TERMS TO YOU AND UNTIL PAID IN FULL. IT SMALL CONSTITUTE A LI[N ON THIS CAN. 1 FURTHER ADR[[THAT YOU WILL NOT a HELD RESPONSIBLE FOR CAR OR ARTICLES LEFT IN CAR IN CASE OF FIR& ?me". ACCIDENTS OR OTHER TOTAL PARTS' - - CAUSES BEYOND YOUR CONTROL. MY CAR MAY BE DRIVEN BY YOUR EMPLOYEES FOR.ROAD TESTS AT.MY OWN RISK.::'. s OUTitOEWORK �- PAID our �L WORK AUTNORD:[D BY �.. _ '.T_AK ON PARTS, CHARGES AUTHORIZED BY - . TOWINGAND STORAGE- . - REClTYED MY _ _ - TOTAL 'a J A Yy' M jfrtX x - _ +'Y( 'o$.''":. -'7i• ''`i.1±#�:rY€1r^° C47t=Es"41S'a"eR�:.�i..... s xr y * 1'- d r• .'•Y t t T _ X a F ,-vice Order , TJRion Oil Company of California ' r , R.• �unon y CUSTOMER NAME DATE i ,`� � is`; +•'1{ T�- �R�� t,Frr- ,P 25 2 �� rix t TIME �? .L -- .ADDRESS ❑DELIVER WILL SEZ / r O / L.✓ CALL r x: CITY /HONE NO. di r ',}'a 3•i .r • ,r� �ol61't•r MAKE YEAR MODEL LICENSE NO. SPEEDOMETER + CHECK SERVICES REQUESTED MEKMANoin SERVICE - - - ---- - _ ❑ GREASE CONVENTIO;4 L FITTINGS ❑ GREASE Etoyp eRj IC FITTINGS ❑ TRANS. D IN AW LBS. PTS. y DRAIN ADD ❑ DIFF. 11 ❑ LBS. 4 A ❑ REPLACE OIL FILTER ELEMENT i„ ❑ ADD BRAKE FLUID "' --,-771 Or6'r6' Vr •rf i t A. Lt t 10 SERVICE TOTAL XXXXX IZ So , Y Q MERCHANDISE TOTAL SRT RT T DRAIN ADO SAE ® MOTOR OIL ❑ ❑ O ❑ ❑ SALES TAX ON ITEMS 02 O GASOLINE ROYAL REGULAR - ' ❑ 76 ❑ 76 ❑FILL GALS. t I t$ SERIAL NO. 't ! �U 884 TOTAL ...._..._.—....____ - r DEALER—IF TNIS IS A CREDIT IDLE iRANS _ CUSTOMER'S COPY—PLEASE RETAIN iiies FER ITEMS 1,2(IF APPLICABLE),3,'1,S TO ITEMIZED JOE ORDER AS NO OYMER APPROPRIATE SPACES ON CREDIT DELIVERY '' 41:,9 1`• F a WILL RE ISSUED. TICKET 787.DO NOT USE THIS FORM FOR TIRES.BATTERIES OR ACCESSORIES: " ¢ ' lONM P70 L (NEW 71671 .+r + t __.... •�_______._ _. .I �. ;`�.. est: ; � ' T- NJ Fly . t 3 •{ t r { �. v,. .. „Z, cv t,- f•.'• i�w.�s�,-rpt g` t��'y��cm-,�.�y�:�yr«.�yt � '= m-re- 9 tR` %i.t�t r•q• =r,-" -i"` h un 1 .,•t. i �!�'�ll±�"_''�—:_ __¢ �• .i u,i.,�y'�'s. r +Yr-e,."e "�FFi�ra +a te -,: •Re 1.lF s y r T i + .._• S a. L. ` .c s lk T } aT { j C7,T•t,t' _ + :)r•' t t F;'Bt�7 z.1"4' h * r�..p s ''•y 3- A7 , ..y t / !} Y+; k+f ?r r � .5 U��LARS.G: r �' 01im�y . .11 _ t 4 .• -e` 1 ..IR VOID AFTER W DAYS FROM ISiUE;�+ h i� i zS raltk ., i . . - ': t s ° ♦ +<..1 •R POUCY 11YM![R OAT[Of LASS 2tATj c Yi �rx. n✓, fy1-t+ - sy ,{{T,j�, �• � �� .�t Rr'.f y- � _Y �'� � � t") `�_ , (•' T r' { 'tW . >3 j rAl![ of lk+su■ o t, m ¢t -m-A-m-Frg cwrANr 4 7 fYPL OF LASS In 0,,, 74 •OF +t �' >:f�JC,i:}Ujf'� �'<<�r d.s , J:f'..��' _ }� � +t,} .• s_ « •t mom_-.$y�} THROUGH CROCKERCITIZENS NATIONAL BANK �� D �j ► " f a -6 �"• 1-MONTGOMERY STREET OFFICE t *AN-FRANCISCO.CALIFORNIA - z ' 4; � v U I ED SIGNATUfM Ai r�' �' , � �` ' L '�'�ar i ••�7` x,ar t ,,y�✓r} �°t:t,dL=T i°y ' x ,b- a� a0,24 laN OF LOSS ❑ 201 ,:'❑�( D L �S(CQIl1Pj4' �y -r•tt? yj,ss ' 4 �� y4skiy S � fl i iS.00o1'.❑ (10,0001 OS:(�S Qt DI.E: J ❑ THERO 26 LWJIS- M' ❑01(1000► . (2,000) ❑OS(50001• /D 0615c005) :y k wo (FULL)M(50.' ED 145: OED)' (�—�(Eif �(----1t OED) aDE10) DED - t • cow ❑ Q02 r ❑03 _ 1LJ05 LOLL. IJ02 03`-•, ❑os,� ❑OTHERS DE <� ❑ GOOF 01 } t � ,CO 3'T CLAIM DO ItEM NO. TRFNS.CODE EFFEfr11VE QATF. DALE OF LOSS CAJS£OF,,.1053}CODE C?l'SYMBOL 28. a 30 32t'. 76 r; UFFIX toss lvAiTs CLDAOIM. TRANS. .AMOUNT.' SUFF Loss ODE lftlTS CLAIM ' TRANS: AMOUrAr �)D, NUMBER(MP'P!) ' CODE t22 'i 14 16 18: I. 27 / a4 7 12 1 +yy f 6 .. 18 27 39 Eil AhST BALANCE AMT 'y L139 12 14»: !6 18 27': 39 12, It 16 18 27 _ '_ _. rF • it r'. > . l � S it WHEN PAYING ANY COLLISION LOSS 10QICATEW DED.WAIVED:8ETWEEN 2 INSUREDS'.«❑(ij "LMlNSUREO❑{23 NON•FAULT❑(9 itS�I�O WkiVEA c . `FORM 1614(REV..B•70) 49L P R ' NT'CLAIM DE A i •� v � �+ t Y��.( 1�,�:Z{a X 4 a>f+ 3, s y,�.e a R+�,y is � } s >il � ,�'k Y , 1�:�-� ""�'o �». .� �. T.dj �� �,. . E.ar ��:'yfi „ •L�t t, � �IFrf x rt.-^�. Ii� ,�•- -�3�'-" p er - A '-r,1 j •i � - } ..i.. 2. '1}; .a=w ...�K• eca yti`. T .��`. Fq��'{F't r r p o Z y M O '� = Z > w y.i Z p „ t p A 30 ID c A Q = Hr 0Ow 0 C tid G.» _ La H�00 t� 9► t"1 tiaaE K �' CA 1 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: FIREMAN'S FUND AMERICAN (Claimant's insured is Elworthy & Sons) ' Address : 3901 Broadway, Oakland, California 9 .611 Attorney: RICHARD D. RIFKIND, 512 Southland Professional Bldg. , 24301 SoutHand Drive, Hayward, California 94545 Amount: $6,710 as of date of presentation of this claim, Date Filed : June 12, 1972 1rjX0[kiMC=9_XUM[.X By mail , postmarked-not legible 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: June 12, 1972 W. T. PAASCH, By ' Dorothy zzari ' , 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 recom end referral to : (County ' s general insurance carrier; ( } Other insurance carrier; ( ) County Counsel . DATED: JOHN B . CLAUSEN, 8y -Y 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 20 1272 (copy of Board Order also attached ) . Please forward t�iis claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on June 20 1972 and memo thereof filed and endorsed on claim, per Government Code Section 29703. DATED: June 20, 1972 W. T. PAASCH, By 'ZD�iy �zarin'j`t") 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 21,_1972 _ Public Warks , By DATED : June 21,____1972 County Counsel , By `�` •� ., 4 . «. BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) FIREMAN's FUND AMERICAN ) (Elworth & Sons, their } insured ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: Board's order of June .20, 1972- ,denying above—captioned claim, together with Notice of Denial of same to the following: FIREMAN'S FUND AMERICAN c/o Richard D. Rifkind 512 Southland Professional Bldg. 24301 Southland Drive Hayward, California 94545 I declare under penalty of perjury that the foregoing is true and correct. Da ted:, . vmtm ?n! 1.27.2 , at Martinez, California . /7lv Gtr _. ..__.._...._ _ Deputy Merk FIS D + X 1972 1;-71-500 W. PAA H J. T. PAASCH RS LCLE K OARD OF SUPERVISORS ONTRA CO JTRA COSTA COBy Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: FIRE4AN'S FUND APIERICAN (Elwortly& Sons, their c/o Richard D. Rifkind insured) 512 Southland Professional Bldg. 24301 Southland Drive Hayward, California 94545 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on June 12, 1272 was rejected by the Board of Supervisors of said county on June 20, 1972 • WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. It you desire to consult an attorney, you should do so immediately. DATED: June 20, 1972 W. T. PAASCH, CLERK By cc: Pacific Indemnity Co. Dorothy Lazzarini attn: D. Nachtsheim Deputy Clerk • `r IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 20 , '197.Z- In 972In the Matter of ) Claim for Damages. ) Fireman's Fund American (their insured — Elworthy tic Sons) , 3901 Broadway, Oakland, California, by and through Richard D . Rifkind, Attorney at Law, 21301 Southland Drive, Hayward, California having filed with this Board on June 12 _, 1972 , claim for damages in the amount of $6,710 as of date of Presentation of claire ; NOW, THEREFORE, on motion of Supervisor J. P. Kenny , 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. Supervisors J. P. Kenny, J. E. Moriarty, E. A. Linscheid. NOES: None. ABSENT: Supervisors A. M. Dias, W. N. Boggess. 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 June , 19?2 - W. T. PAASCH, CLERK By S '' Doroday Lazzarini Deputy Clerk cc: Claimant Public• Works (3) Attention Mr. Broatch County Counsel County Administrator RICHARD DIFKIND 512 Southland rofessional Bldg. 24301 Southland Drive Hayward, California 94545 Telephone 785-3101 F I L E D .i �� (7..,19072 W. T. PAASCH 1 Claim of CLERK BOAR OF SUPERVISORS �.0T COSTA CO. By - I�Ieputy 8 FIREMAN'S FUND AMERICAN, ) 3 Claimant, ) CLAIM FOR INJURIES TO ) REAL PROPERTY 4 vs. (GRASSLAND) b COUNTY OF CONTRA COSTA, BOARD ) OF SUPERVISORS OF THE COUNTY OF ) 6 CONTRA COSTA, ) 7 ) 8 To the COUNTY OF CONTRA COSTA, BOARD OF SUPERVISORS OF THE O COUNTY OF CONTRA COSTA: 10 YOU ARE HEREBY NOTIFIED that FIREMANIS FUND 11 AMERICAN, whose address is 3901 Broadway, Oakland, California 94611, 1s claims damages from the County of Contra Costa, Board of Supervisors of the 13 County of Contra Costa in the amount, computed as of the date of presentation 14 of this claim, of $6, 710. 00. 15 This claim is based on certain damages sustained by 16 Claimant on or about December 6, 1971, under the following circumstances: 17 On or about July 30, 1971, Claimant's insured, Elworthy & 18 Sons, sustained damage to certain insured pastureland located in Contra 19 Costa County, in the vicinity of Bailey Ranch, Bailey Road, by reason of a 80 real property grassland fire upon said insured property, which fire Claimant 21 alleges was directly and proximately caused by the emission of hot carbon 22 particles from the exhaust of a diesel roadgrader owned, operated, main- 23 tained, or controlled by said public entity. 24 Claimant is submitting this claim pursuant to its subrogation 25 rights as specified in its policy of insurance with its said insured, and pur- RICHARD D.RIFKIND su wuTMuwo..o.auIa L a..oa, a.ao. aoutwwMo o.rva NAVWAaD. CA\..OMMIA 14540 ♦au V.0.4 ..ia. 111.1 ion l I 1 suant to the law of the State of California and all other applicable law, having E paid to the insured, on or about December 6, 1971, the sum of $6, 710. 00 on 3 account of said loss. 4 Claimant further alleges that said loss was a direct or prox- y imate result of the ownership, operation, maintenance or control, by said d public entity, of a roadgrader in a dangerous or defective condition, to-wit, 7 the emission of hot carbon particles from said grader; that such condition of 0 said property was created by the negligence or wrongful acts or omissions 9 of said public entity or its agents, servants, or employees; that said public 10 entity, or its agents, servants or employees had actual or constructive notice 11 of said condition a sufficient time before said injury to have taken measures 18 to protect against it; that the damages herein specified were reasonably 13 foreseeable as a consequence of said condition of said property, which 14 condition created a substantial risk that the type of damage herein specified 15 would occur. 16 Claimant further alleges that said loss was a direct or 17 proximate result of the wrongful or negligent ownership, operation, mainten- is ance, control or use of said roadgrader by said public entity, or its agents, 19 servants or employees, at the time and place specified above. 20 The names of the public employees causing Claimant's 21 injuries under the described circumstances are, so far as known at this time, 22 the Contra Costa County Corporation Yard and Frank Molta. 23 The injuries sustained by Claimant, as far as known, as of 24 the date of presentation of this claim, consist of the payment to its insured, 25 Elworthy & Sons, of the sum of $6, 710. 00. -2- RICHARD D.RIFKIND [I[-1"-'MO.[MID [IDD. [4301 ■OWTN[AND DNIV[ _V WIIDD. CAl1IO.N1A ..[.. i[L[►MON[ I.I.I 1[[•I tOI 1 The amount claimed, as of the date of presentation of this ,$ claim is computed as follows: S Special damages for payment to Claimant's insured for the destruction of 1135 acres of insured pasture- 4 land. $6,,710. 00 b Total amount claimed as of date of presentation of this claim. $6, 710. 00 d 7 All notices or other communications with regard to this 0 claim should be sent to Claimant at: p Rifkind, Kimball &- Castleman A Professional Corporation 10 Attorneys at Law 24301 Southland Drive 11 Hayward, California 94545 12 Dated: June 8, 1972. 13 RIFKIND, KIMBALL & CASTLEMAN 14 By M. LORIN CASTLEMAN 15 ld 17 18 -. •. 20 19 22 23 24 23 -3- RICHARD D.RIFKIND UI/Out-D 1.019"101"L/1D0. .1301 /OY7MI.A.0 MAY WARD. CAU100%.IA M•1• - 7[L[/MOM[ 111/1 7//.3101 RICHARD D. RIFKIND ATTORNEY AT LAW 512 SOUTHLAND PROFESSIONAL BLDG. 24301 SOUTH LAND DRIVE HAYWARD. CALIFORNIA 94545 TELEPHONE 14151 785-3101 RECEIVED June 8, 1972 !+iN 1. 1972 W. T. PAASCH CL[RK BOA=OFSU ISORs fONTDyDeauty A Board of Supervisors County of Contra Costa County Administration Building Martinez, California 94553 RE: Claim for Damage to Real Property Gentlemen: Enclosed please find a claim for damage to real property which we are submitting on behalf of our client. Please take note that this particular claim is being submitted pursuant to our client's subrogation rights. Our client's insured suffered additional uninsured losses, a claim for which will be forwarded to you forthwith. Very truly yours, RIFKIND, KIMBALL & CASTLEMAN M. LORIN CASTLEMAN MLC:kk Enc. ' >• D W <w io 9 >� T • s am .SCC 22� �i i rso ar V w * -� w� �x r o >d Q a s+� 000 C) 0'4 K K C) 0 13 IP 0 R IMPA w w� R _y •ac.. §; a w./ 1 ' M CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: MARJORIE EZELL Address : Z3€Z$% 1810 — 9th Street, Alameda, California Attorney: J. Frank George, Attorney at Law, Law Offices of Hurd & Jamison, 7 Jack London Square, Clay Street Amount: $100,000 Pier, Oakland, California 94607 Date Filed : May 17, 1972 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 sectio s 9 0 and 9,10.2? DATED: Mayes, 1972 W. T. PAASCH, By D o r o t Y& La 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 - ( •:4-;- 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 recom nd referral to : ( ounty ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: 22 / JOHN B . CLAUSEN, By _e'2JIX., De ut 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 13 , 1972 (copy of Board Order also attached ) . Please forward t is claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on June 14, 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED : June 14, 1972 W. T. PAASCH , By oro y arinD 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 . r 7 DATED: June 14, 1972 Public Works , By DATED: June 14, 1972 County Counsel , By � � BOARD OF SUPERVISORS., CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) ) MARJORIE EZELL ) ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: Board's order of June 13, 1972 denying above- captioned claim, together with Notice of Denial dated June 14, 1972 to -the following: MARJORIE EZELL 6/o J. Frank George, Attorney at Law Hurd & Jamison Attorneys at Law 7 Jack London Square Oakland, California 94607 I declare under penalty of per jury' tha t the foregoing -is_ true,and correct. Dated: June 14, 1972 , at Martinez, California . �r.r rr.�w�rrr orozny Larzzarrm, Deputy- -Clerk ILED 4-71-5001972 J. T. PAASCH CLa ARD OF SUPERVISORS By TRA CWTA.Co. Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: MARJORIE EZELL c/o J. Frank George, Attorney at Law Hurd & Jamison, Attorneys at Law 7 Jack London Square Oakland, California 91607 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on mag 1:Z 1922 was rejected by the Board of Supervisors of said county on June 13, 1972 . WARNI NG , Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: June 14., 1972 W. T. PAASCH, CLERK By. Dorothy Lazzarini cc: Pacific Indemnity Co. Deputy Clerk 4341 Piedmont Avenue Oakland, California 94.611 Attn: Mr. Dick Nachtsheim IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 13 , 1972 In the Matter of ) Claim for Damages. ) Naranri a F7.P1 1 6_1R1 0-9th StrPat, Al amQr]a , Cal i f nrni n r hz a.,A rnirh her nttornPya T- Frank aPnrgP of Hurd Xr .Tami nnn', Attnrna�c a�fi ,_ I.rnw, 7 .Tack T.nnrinn Smwgr_P, nalrl and, Cal i fnrni a having filed with this Board on Trp, 17 , 197 , claim for damakts i-n the amount of $ inn!nnn • NOW, THEREFORE, on motion of Supervisor A. m. flus , 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. E. Moriarty, W. R. Boggess, E. A. Linscheid. 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 13th day of 197--z.—. W. T. PAAS CH, CLERK By. ell " DorothyLazza ini - Depuy Cleric cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator 0�1/A ' r �f IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 13 0 197-9- In 972In the Matter of ) Claim for Damages. ) Marjorie Ezell, 1810-2th Street, Alameda, California, by and through her attorney, J. Frank George of Hurd & Jamison, Attorneys at Law, 7 Jack London Square, Oakland, California having filed with this Board on May 17 , 197 2 , claim for damages in the amount of * 100.000 ; 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. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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 1.3th day of June , 197 2 W. T. PAASCH, CLERK By p-t - Dorot Laz mini Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator 0 NOTICE OF INSUFFICIENCY To: Marjorie Ezell c/o J. Frank George Hurd & Jamison 7 Jack London Square Oakland CA 94607 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. 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. CL SEN County C Bel By i ep ty o my Couns 1 Michael D. Farr 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: May 22, 1972 at Martinez, a ifornia. 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) I 1 HURD & JAMISON Attorneys at Law 2 7 Jack London Square Oakland, California 94607 3 836-1133 FILED 4 Attorneys for Claimant MAY 17?1972 5 I T, PAAaE3 6 6LtiFtK Am Vlow 7 8 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 9 TO: BOARD OF SUPERVISORS Administration Building 10 651 Pine Street, Room 103 Martinez, California 94553 I1 CLAIMANT'S NAME: MARJORIE EZELL 12 CLAIMANT'S ADDRESS: 1810-9th Street 13 Alameda, California 14 CLAIMANT'S TELEPHONE: No Phone 15 ADDRESS TO WHICH NOTICES ARE TO BE SENT: Hurd & Jamison 16 7 Jack London Square Oakland, California 17 AMOUNT OF CLAIM: $100,000.00 18 DATE CLAIM OCCURRED: February 11, 1972 19 PLACE OF OCCURRENCE: Pleasant Hill Road one-tenth of a 20 mile, north of Deerhill Road. 21 CIRCUMSTANCES OF OCCURRANCE: Claimant, while pulling her auto- mobile off to the shoulder of the 22 road, struck an unmarked and un- lighted telephone pole, causing 23 extensive damage to her 'automobile and to herself. An improper and 24 dangerous shoulder area was main- tained on Pleasant Hill Road. 25 INJURIES SUFFERED BY 26 CLAIMANT: Claimant suffered severe contusions and abrasions, broken bones, and 27 internal injuries, the full extent of which have not been determined. 28 DATED: May 11, 1972. 29 HURD &,JAMISON n If f 30 By n(% C rank George, Attorney for 31 C aimant 32 LAW OFFICES - HURD &JAMISON 7 JACK LONDON SOUARE -- CLAY STREET PIER OAKLAND.CALIF. 94607 141SI 936-1133 - - - OWtOW 0'SETWE W.WIL• 20VZCW* 1 4L 0*undersigned,.hereby certify that I am a citizen of the United States, Over the age of eighteen year and not a party to the within action; my b13- tness address Is 7 lack London Square, Oakland,"California 94607; t served 2 a-true copy of the foregai 13 dccament by mail by`pladng same In' an , envelope sealing, fully prepaying postaze ihsreon a:Ii deposifin y ald cnvel. 3 op!rce- U. S. Mail at 0 and, Cellfornia, on tha .....� day of ..., 19 .. ;and, envelope was addressed as follows; 4 and un er penalty of perjury that the foregoing is true and correct 5 6 8 f 10 Tracy;'S R. Barringer 11 V 12 13 . Original to 14. • BOARD OF SUPERVISORS 15 Administration Building 651 Pine Street, Room 103 16 Martinez, California 94553 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAN OFFICES HURD &JAMISON 7 JACK LONDON 80U^FIC CLAY STRECR PIER .(. OAKLAND.CALIF. 94607 - (4151 836-1133 - - O rA �A 7- O o 4 P 9 AN 4 i G• q a to : p NN UN N 4ycy, " too j ��� as�. �i •5 0 co• '"' ' t i• `w t f. 0 r CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: EZZEL THOMYSON Address : 1255 Barrett Avenue, Richmond, California Attorney: Ryan & Pisor, 680 Beach Street, Suite 321 , San Francisco, CA Amount: $25,000 Date Filed : May 30, 1972 By delivery to Clerk By mail , postmarked May 20, 1972 Certified Mail #202372 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 30, 1972 W. T. PAASCH, By 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 reco end referral to : ( t�County ' s general insurance carrier; { ) Other insurance carrier; County Counsel . DATED: 31 , IgLL 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 7p 1q72 (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 8, 1972 and memo thereof filed and endorsed on claim, per Government Code Sectio 9703 . DATED : June 8, 1972 W. T. PAASCH , By eanna Petrie 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 8. 1972 Public Works , By DATED: June 8, 1972 County Counsel , By 1 RYAN. & PISOR 680 Beach St. , Suite 324F II 2 San Francisco 94109 FIL D 673-2300 3 MAY 30,1972 Attorneys for Claimant vy T pA H 4 arwc SCAM OF sulsilvlioAf �► 0000 �r�coy 5 7 e EZZEL THOMPSON, } } 9 Claimant, No. 10 vs. ) CLAIM FOR DAMAGES } 11 CITY OR RICHMOND, COUNTY OF CONTRA COSTA and STATE OF 12 CALIFORNIA. } } 13 14 EZZEL THOMPSON presents his- claim for damages, 15 pursuant to Government Code Sections 905 and 910, as follows: . 1e A. Claimant is Ezzel Thompson, 1255 Barrett, Ave* # 17 Richmond, California. 18 B. Notices are to be sent to Ryan & Pisor, 680 19 Beach St. , Suite 324, San Francisco, California. 20 C. Incident occurred on or about March 31, 1972, 21 at about 7:30 A.M. , thereof; at that date and time, claimant 22 was peacefully standing outside thy. Lone Star Cafe, Grove & 5th 23 Sts. , Richmond, California. Two officers of the Richmond Police 24 Department, Contra Costa- County Sheriff's Department, and State 25 of California Nacotics Bureau, then and there approached claimant 26 and asked to know his 'name; on receiving a response, said officers 27 and agents told claimant they had a warrant for his arrest, hand 28 cuffed claimant, searched him and took him away in an unmarked 29 car; in the car, said officers and agents informed claimant that 30 the warrant for his arrest was for narcotics violations; claimant 31 was taken to the Martinez County Jail and held for 15 days on 32 $25,000 bail, later reduced to $13,000 and then $10,000, When RYAN d P1SOR ATTORNEYS AT LAW - 000 SSACN ST'.SUITE 724 - SAN FRANCISCO 94109 S claimant was released from jail,_ -the public defender, assigned to 2 his case told him that- all charges had been dropped; plaintiff 3 has severe arthritis in the arms, knees, feet and hands., and he 4 was deprived of his daily pain medicine during his stay in jail. D. Claimant suffered severe pain from arthritis 6 during the 15 days he -spent in jail; claimant was further humi- 7 liated among his friends and acquaintances in the City of Richmond . 8 California., as a result of this false arrest and imprisonment. 9 E. Names of public employees responsible:.for this. 10 incident are not known at this time. 1i F. Amount claimed for general damages for .the 12 � above: $25,000.00. 13 DATED: : May `15t 1972• 14 RYAN & PISOR Attor ys for Claimant:,v-." is 16 By MIOTT M. PIS©R: 17 18 19 20 _ a e 21 22 23 24 25 26 27, 28 29 30 31 b - 32 RYAN a PISOR 2 ATTORNHYS AT LAW OW OKACH ST.r OUITB 224 SAN FRANCISCO 94101+ - 675-2700 IA z o • ,� o %U y w •G Z ), IA m i a Z O � m � sp 0 c N POZ 1 0 w C:) m p N) L' A L� C c' ::s I,' f r� 90 Q N ,. O c P3 Ct N Ct O !A ct ti ct EA N O ct O til a ANN- to ir M THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: Ezzel Thompson c/o Ryan & Pisor 680 Beach Street Suite 321; San Francisco, California 94109 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on Nay 30, 1972 was rejected by the Board of Supervisors of said county on June 7. 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: June 8, 1972 W. T. PAASCH, CLERK By Deanna Petrie Deputy Clerk bcc : Pacific Indemnity Company Attn: Mr. Dick Nachtsheim BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages : j EZZEL THOMPSON, CLAIMANT j I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of Board's order of June 7, 1972 denying claim of EZZEL THOMPSON, together with "Notice of Denial" of said claim to the following: EZZEL THOMPSON c/o Ryan & Pisor 680 Beach Street Suite 324 San Francisco, California 94109 I declare under penalty of perjury that the foregoing is . true and correct. Dated: June 8, 1972 , at Martinez, California. F F LED Deputy er 1972 W. T. PAASCH CLERK BOARD OF SUAPF-VISORS CO(yTR� _ P.P�y By L,-71-500 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 7_.. ; 1974 2_.. In the Matter of ) Claim for Damages. ) Ezzel Thozwgon. 1255 Barrett Ayenu. 3 �h�r3- r.Ai 4rQ=4.-.- by and through Ryan & Pisor. 680 Beach Street, s__uite 34, San FranQisco, California 911 i ng having filed with this Board on May 30 , 197-L-,, claim for damages in the amount of $ 2_5 j000 NOW, THEREFORE, on motion of Supervisor A_ M_ Dian , seconded by Supervisor J. P. Kenn„v , 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. NOES: None. ABSENT: Supervisor W.. N. Boggess. 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 7th day of Juba , 19?-Z—. W. T. PAASCH, CLERK B `� 7 Deanna Petrie Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator She rrif-C orone r CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: State of California, Department of Public Vlorks, Division of Highways, District 4, Attn: T. R. Lammers, Address : 150 Oak Street Dist. Engineer San Francisco, California 94102 Attorney: Amount : $442.57 Date Filed : May 26, 1972 By delivery to Clerk via Public ZS- IRD# Works Dept. 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: May 26, 1972 W. T. PAASCH, By Doro y �qrini` 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 -,1.5 days after notice is given by this office; - ( ) Do not file claim, time limits have expired ✓ We rec end referral to : (County ' s general insurance carrier; { Other insurance carrier; ( County Counsel . DATED: l'�7.) JOHN B . CLAUSEN, By . N44&��, 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 7 1972 (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 8. 1972 , and memo thereof filed and endorsed on claim, per Government Code Secon703 . DATED: June 8, 1972 W. T. PAASCH , ByJ�eXaarnm�aP`etriez� 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 8, 1972 Public Works , By c.,:,4 ? `<lz.J.%t DATED : June 8. 1972 County Counsel , By THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: State of California Department of Public Works, Division of Highways-District 4 Attention: T. R. Lammers, Dist. Engineer 150 Oak Street San Francisco, California 94102 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on May 26, 1972 was rejected by the Board of Supervisors of said county on June 79 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: June 8, 1972 W. T. PAASCH, CLERK J By Deputy Clerk bee: Pacific Indemnity Company Attn: Mr. Dick Nachtsheim BOARD OF SUPERVISORS, CONTRA COSTA COUNTY; CALIFORNIA- AFFIDAVIT OF MAILING In the Matter of Claim for } Damages : ) STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORKS, DIVISION OF ) HIGHWAYS, DISTRICT 4, CLAIMANT ) I declare under penalty of per jury .that I am now; and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of Board's order of June 7, 1972 denying claim of STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS, DISTRICT 4, together with "Notice of Denial" of said claim to the following-. STATE OF CALIFORNIA DEPARTMENT OF PUBLIC _WORKS, DIVISION OF HIGHWAYS-DISTRICT 4 Attention: T. R. Lammers, Dist. Engineer 150 Oak Street San Francisco, California 94102 I declare under penalty of perjury that the foregoing is true and correct: Dated: June 8, -1972 -- at Martinez; California : 0ir== FILEDDeputyCleric' "N q' 1972 W. T. PAASCH CLERK BOARD OF SUPERVISORS CONTRA T CO By���r�[d 11 77�6ttLL__�___ Deputy 4-71-500 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June T , 19712 In the Matter of ) _~ Claim for Damages. ) ) State of California,Department of Public Works, Division of Highways-District 4v 150 Oak Street, San Franciscos California 94102,--- Attention: 4102, _Attention: T. R. Lammers, Dist. Engineer having filed with this Board on May 26 197-L-, claim for damages in the amount of $ 442.57 ; NOW, THEREFORE, on motion of Supervisor A. M. Dias , seconded by Supervisor J. P. Kenn_ , IT IS BY THE BOARD ORDERED that said claim is hereby DENIED. The foregoing order was passed by the fol lowing vote . of the. Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linscheid. NOES: None. ABSENT: supervisor W. N. Boggess. - 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 7th day of June , 1972 W. T. PAASCH, CLERK By Imanna s Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator !! BILL ► J , STATE OF CALIFORNIA PLEASE MAKE CHECK DEPARTMENT OF PUBLIC WORKS PAYABLE TO BILL DIVISION OF HIGH«'A1 S DIVISION OF HIGHWAYS Mail Check to DISTRICT 4 30 150 OAK a 47834 D4 SHOW BILL NUMBER SAN FRANCISCO.. CALIF. 94102 • ON REMITTANCE t M � X17 Contra Costa County 1801 Shell Avenue MAY 2 5 8972 [DATE]_._. Y_1 ...._____________19 7� Martinez, Ca 94553 PUBLIC WORKS DEPARTMENT -i f , 4,D)y FORM A-263 (REV,7.66) 6tT.8588.3281!-5004-713M s"T O OSP Expense incurred by this Department for cost of repairs to traffic signal on Route 004 in Concord, State Highway 04-CC-004, the result of an accident on March 13, 1972 involving your 1970 Plymouth (Lie. No. 553198 Cal. E) operated by Dorothy R. Papo. Material $130.90 Labor 274.87 Equipment _ 36.80 Total Cost $442.57 FILED MAY 2G, 1972 � W. T. PAASCH CLERK BOARD OF SUPERVISORS O TRA COSTA CO. gy Deputy r r • Bill* 47834-D4 Amount $442.57 Date of Accident March 13, 1972 To: T.R. Lammers Name Contra Costa County District Engineer Division of Highways 150 Oak Street San Francisco, California Attention: District Accounting Officer Dear Sir. In connection with the above claim, my insurance coverage is as follows: ❑ My insurance carrier is Policy No. Address City $ State Signed Address Telephone No. ❑ I am not insured. ❑ Payment in full is enclosed. ❑ I cannot presently pay this bill in full. 1 agree hereby to make installment payments of$ per month starting and continuing each month on this date until the balance of the above amount is paid in full. Signed Address Telephone No. If you desire additional information concerning this bill please call 557-1312 (area code 415) on any week day between 7:30 AM to Noon — 12:35 to 4:30 PM. * In order to satisfy the requirements of the Financial Responsibility Section of the State of California Vehicle Code, bills over $200.00 will require a formal agreement signed by you and witnessed by a Notary Public. FORM 4 AC 204 (REV. 1/72) _ CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: LEE A. SOUTHALL Address : 114 Davi, Pittsburg, California Attorney: Ryan & Pisor, Attorneys at Law, 680 Beach St. , Suite 324, San Francisco, California 94109 Amount: $100,000.00 plus unknown medical and incidental expenses Date Filed :May 15, 1972 By to Clerk mail , postmarked 11, 1972 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: May 15, 1972 W . T. PAASCH, By 2 Aulene B. j-aapW 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. _V-----*' Above claim FAILS to comply substantially with said Sections , ( oard may not act on claim until 15 days after notice is given by this office ; / ( ) Do not file claim, time limits have expired . 1'1 We recomm d referral to : ( � County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . / DATED: JOHN B . CLAUSEN, By TV T DeDp tyY 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 7, 1972 (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 8, 1972 , and memo thereof filed and endorsed on claim, per Government Code Section , P703 . - DATED : June 8, 1972 W . T. PAASCH , By Do� Lazza ini 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 83, 197? Public Works , By /,,i r�f� tf or '�_•� DATED : June 8, 1972 County Counsel , By • 1• BOARD OF SUPERVISORS, CONTRA COSTA COUNTY.- CALIFORNSA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: } } LEE A. SOUTHALL j ) I declare under penalty of perjury that I am now.- and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: Board's order of June 7, 1972 denying claim of Lee A. Southall, together with "Notice of Denial" of said claim to the following: LEE A. SOUTHALL c/o Ryan & Pisor 680 Beach Street, Suite 324 San Francisco, California 94109 I declare under penalty of perjury that the foregoing is true"'aiid correct. Dated: June 8, 1972 , at tiartinez,• Calif ornia - �� /GDo&roth�1a124:Zari;11 r-i Q Deputy- Me= U - W. T. PAASCN CLERK B D OF SUPERVISORS (� . RA COSTA CO- SY cleputy 4-71-500 THE BOARD OF SUPERVISORS OF CON'T'RA COSTA COUNTY Administration Building, Room 103 P. 0. Boa 911 Martinez, California To: MR, LEE A. SOUTHALh c% RYAN & PISOR 680 Beach Street, Suite 324 San Francisco, California 94109 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on May 15, 1972 was rejected by the Board of Supervisors of said county on June 7 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: June 8, 1972 W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk cc: Pacific Indemnity Company 4341 Piedmont Avenue Oakland, CA 94611 Attn: Mr. Dick Nachtsheim IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA _June-- 7..... ,.: .1979-;,, In the Matter of ) Claim for Damages. ) Lee A. Southall, 11L Davi, Pittsburg, California by nd through Ryan & Pi sor, Attorneys at Law, 680 Beach Street, suite 3214., San Francisno, California having filed with this Board on RTay 197 2 , claim for damages in the amount Of $1 nn,nnn plus Tnnknown m .di . _1 and i n .i d _n .a1 PXpPnsPA 3 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. E. Moriarty, E. A. Linscheid. NOES: None. ABSENT: Supervisor W. N. Boggess. 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 7th day of June , 1972 . W. T. PAASCH, CLERK By Dorothf Lazgffrini Deputy Clerk" cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator RECEIVED NOTICE OF INSUFFICIENCY To: Lee A. Southall /`� -2 c/o Ryan & Pisor T. PAASCH 7 680 Beach Street , Suite 324 C7ZCOeRABOF SuPERV SORB San Francisco CA 94109 COST eputy By .. ..........--._._ 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 not signed by the claimant or by some person on his behalf. 9. Other: JOHN �B B. CLA EN C .unty unsel By l" c Deputy County CourTisel 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: May 16 , 1972 , 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 .23 910. 4, 910.8) I RYAN & PISOR F I LE D 680 Beach St. , Suite 324 2 San Francisco 94109 MA1f IS 1972 673-2300 3 W. T. PAASCH Attorneys for Claimant CLERK BOARD OF SUPERVISORS 4 9Y CO TR 60STA ...Meputy v 5 6 7 8 LEE A. SOUTHALL, 9 Claimant , ) No. 10 vs. ) CLAIM FOR DAMAGES 11 COUNTY OF MARTINEZ j j 12 13 Lee A. Southall presents his claim -pursuant to 14 Government Code Section 905 and 910 as follows: 15 A. Name and address of claimant: Lee A. Southall, 16 114 Davi , Pittsburg, California. 17 B. Address of person to whom notices are to be sent: 18 Ryan & Pisor, 680 Beach St. , Suite 324, San Francisco 94109. 19 C. Date, place and circumstances of occurrence: 20 Injury took place March 26, 1972 at or about 3:30 P.M. , near 4th 21 and Blackdam Streets, Pittsburg, California. Two Pittsburg police 22 officers were apparently attempting to arrest claimant for a 23 traffic violation warrant, or to question him concerning said 24 warrant. Claimant panicked, as he did not have the money in his 25 possession to pay for said traffic violation warrant and claimant 26 attempted to flee the scene. The officers began to pursue claiman 27 and one of them asked him to stop. The claimant then stopped and 28 one of the officers approached the claimant and at that time the 29 other officer turned a trained German Shephard police dog loose 30 and directed him to attack claimant. Claimant threw up his right 31 arm to protect his neck and the dog. attack:d claimant , grabbed his 32 right arm with his teeth, threw claimant to the ground and con- RYAN &PISOR ATTORNEYS AT LAW 680 BEACH ST.. SUITE 324 SAN FRANCISCO 94109 673-2300 - I tinued to chew on claimant's right arm. The officer who was 2 nearest claimant prior to the attack by the dog was trying to 3 beat and pull the dog off of claimant. The other officer, who 4 apparently had control of the dog, wouldn't call the dog off. H 5 just stood and laughed at the situation. The officer who was 6 nearest to claimant had advised the other officer not to let the 7 dog loose, prior to the time said officer did let the dog loose; 8 then claimant was placed in a patrol car and one of the officers 9 kept repeating "You ain't nothing but a low down, rotten ass 10 Nigger" , and said officer on several occasions forcefully applie 11 the brakes of the police patrol car, causing claimant to slam 12 his face up against the screen of said patrol car on several 13 occasions, causing claimant's nose to begin bleeding and causing 14 other minor facial injuries. That claimant was then treated at 15 the Martinez Hospital for the injuries to his arm and the next 16 day appeared in Municipal Court and the Judge sentenced him on 17 the traffic violation. Claimant then went to the Martinez Count- 18 ount18 Jail and was there about a day when a doctor came by and noticed 19 how badly infected the right arm was and claimant was then- place 20 in an ambulance and taken to the hospital, where he stayed sever 1 21 days. That claimant has been married for 11 years , has. one chil , 22 is a steady employee at U.S. Steel and has never been arrested 23 before, except for traffic violations. That said officers used 24 excessive force in making the arrest or detention above described. 25 That said officers committed an assault and battery on said 26 claimant by using the police dog in the manner above described; 27 that said officers committed a further assault and battery on 28 said claimant by slamming his face up against the screen of said 29 patrol car above described. That during all times herein men- 30 tioned, the officers were acting within the course and scope of 31 their employment with the City of Pittsburg. It is also alleged 32 that the County of Martinez failed to provide adequate medical RYAN 6 P190R AT t3PNCYN AT LAW —2— Goo BKACH BT.. BUITC 324 - - - - SAN FRANCISCO 94109 673-2300 1 treatment under the circumstances. 2 D. Description of injury and damage: Claimant 3 suffered a 'severe injury to his 'right arm and-` to his face and 4 he will have an extended period of recuperation and an. extended 5 wage loss. 6 E. Names of public ,employees responsible` for .the 7 injury are not known at .this time, with the possible 'exception 8 of one of the officers being named Kenny Casalona. 9 F. Medical and incidental expenses are- unknown at 10 this time. Amount claimed in general damages at this time` is 11 $1002000.00. 12 DATED: May 10, 1972. 13 .RYAN & .PIS0R Attorneys -f or Claimant 14 15 By 16 17 18 19 20 21 22 , 23 Al 24 25 26 27 28 29 30 31 32 RYAN & PISOR ATTORNCYB AT LAW - 6BO BEACH BT.. BtIITC 324 SAN FRANCISCO 94109 - - 673-2300 RYAN & PISO,k` ATTORNEYS AT LAdM1I " �i ri L' -"� s 3 :. i� ' = •'t�^ i `*" 880 BEACH STREET. SUIT �9j�; SAN FRANCISCO.CALiFORNI 94109 20 i j 1120 r'*L Pill Clerk of the Board of Supervisors County Courthouse Court & Main Martinez, Ca. No. a • CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: Edward H. Martin Address : 1151 Miflin Ct. , E1 Sobrante, California 94803 Attorney: Amount : $250 Date Filed : May 26, 1972 By delivery to Clerk via Public Works Dept. 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: May 26, 1972 W. T. PAASCH, By oro y arini 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 reco end referral to : ( County ' s general insurance carrier ; 1.r, ( Other insurance carrier; ( County Counsel . DATED: 2 4 012:1 JOHN B . CLAUSEN,' 8y 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 7,_ 1972_ (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 8, 1972 and memo thereof filed and endorsed on claim, per Government Cade Section 29703 . DATED: June 8, 1972 W. T. PAASCH, Byeann�etrie 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 8, 1972 Public Works , By (�✓''_ �1 DATED: June 8, 1272 County Counsel , By THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: Edward E. Martin 4.151 Miflin court El Sobrante, California 94803 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on May 26, 1972 Was rejected by the Board of Supervisors of said county on June 7, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: June 8. 1972 W. T. PAASCH, CLERK By Deanna Petrie Deputy Clerk bee: Pacific Indemnity Company Attn: Mr. Dick Nachtsheim BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages : } } EDWARD H. MARTIN, CLAIMANT } - _ 3 I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of Board's order of June 7, 1972 denying claim of EDWARD H. MARTIN, together with "Notice of Denial" of said claim tb the following: EDWARD H MARTIN 4151 Miflin Court E1 Sobrente, California 94803 I deelare under penalty of perjury that the for is true and correct. Dated: June 8, 1972 , at Martinez,. California . r FILEDDeputy ci-er'Ic U 19' 1972 W. T. PAASCH CLERK BOARD OF SUPERVISORS CON7RAC�CO. BY,��(?4b Deputy 4-71-500 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 7 19712 In the Matter of ) �� Claim for Damages. ? Edward H. Martin, 4151 Miflin Court, El Sobrante, California 94803 having filed with this Board on May 26 , 197 2 , claim for damages in the amount of �250 NOW, THEREFORE, on motion of Supervisor A. M. Dias seconded by Supervisor J. P. Manny , 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. NOES: None. ABSENT: Supervisor W. N. Boggess. 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 go rd of Supervisors affixed thi 7t day of June , 1979 W. T. PAASCH, CLERK By a=,�-7zaImarma Petrie Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel Agor 0Lil urraii tra sosioner TOs Contra Costs County Department of Public Works Martinez, California U (J v n 2 5 /f CLAIM AGAINST COUNTY OF CONTRA COSTA MAY1972 (Government Code, Soc, 910) PUBLIC WORKS DEPARTMENT DATE: GENTLEMEN: The undersigned hereby owesnts the following claim against the County of Contra Costa: 1. Date of accident or occurrence: y-- 2. Name and address of claimant: Ed wAl ' NOR Tlliv r'�oN�a�37279 7` 3. Description and place of,,h accident or occurrence: 6N y �� m`do� NoT 'rno�Ts /CoulF QiQEE.c1 of /�i'wc/� AN/J17Af .�If�ELTE�P 1Dn'a 7-oA To XW _V114 Y&,? To v ovrp a rvam,tV .Ci.�-�o✓s�/ �7I:TL/1,E.0 �N� wArA, T oT" %yER rs�Ey-d d rfoT�.s+vE'nir�o� i foo d 7-11;.s OXT J47-3�'0?i►r" 0 41`40 Pm V-8- 7;2% 4. Names of County employees involved, and type, make h number of equipow t if known: _�ii Jl (OFF;c��,,Z0015 (?REEAtJ Cloy C Cy/yER -CsDO eRX lek T ucK FRovn R/ale 11A) S. Describe the kind and value of damage and attach estimates: mixrW � ,� i F I LIE ® N11 ANY I Cl 1972 W. T. PAASCH Signature CLERK BOARD OF SUPERVISORS O RA COSTA CO. By Deputy I , � . � . . - 11 P. - �4- , �. .I I.I,.., I � � I . � "" " �- 11 .' '! Z ... ,;�. I .1 I I I � � ,`� : �-,*- -, .,� . v � . . -1 vl � 111 . P, , I . . I- � 0 1 1 - �I � 11��, " �� - � . I p<--� -,-"'-,--,-":�, i . . ,I 1. I :, , �'� ,-� � - - .t, s M r �l� I S � f r.. i-dx [ i � 4RT�^ �� - }' } ti _ 1. 1. •l1. 2 G l�7 2._. . • /�y� - D� ' L 0- �1 .. _ a� .-.ter . Y-, .-L ., •r '; 2 51972 � . RTMENT � UBLIC WORKS DEPA ,,,/� / q2 SE's 0-G' �.S�O .1.� �C+7 �cacscc�—� _ d 4 A , i . �; t r r . 711" : 1 � .�-. , " . m -7 /,�/, , : .._ _ _ -�rfG� Lev,-� ` `� 3 1. G a - .� X80 ��,�`f �a s - /. z� l z - , _ /.4,,. 3s _ y3g } i x Ty - .-_-__...-_ . _ - r , . -, t i .., zl, i �Y 7 3 —— - - � ' I> it f ..-:_ -, r r ro r a ._.._ .. - t 4 ._ _ ,_..� .. . ,_. ....: ... v . .. - - . ..• I :. . .. .. I } _ _ + ✓- \ 2 Y a r f:rx j s Z - , Lt•t_ _:.- - iti •''W i ,. - .A 'na'C�' i .. ��*, Reels position# CLAIMS 1972 - January - May 1972 - JunSepetergusDecember 1972 ,r MAP REEL �'�J INDEX' STORED: BOX #�-- RECErIV Lt' DSMALL CLAIMS COURT ct*" 9: MUIIICIPAL C 6URT OF CALIFORNIA, COUNTY OF NIRA COSTA WEST JUDICIAL DISTRICT W. T. PAASCH CLE K OOARn OF SUPERVISORS CoA STA C Action NO. S C ' c� •�-C n�aucr Calendared Plaintiff(s) Indexed vs. DECLARATION PRINCIPAL $ FILING FEE . $ Defendants) COSTS . . . E TOTAL 3 l• I, the undersigned, say: That the defendant_ is indebted to the plaintiff_ in the sum of principal and costs itidicaQ above; that this plaintiff has demanded payment of said sum, and no part thereof has been paid; that the defendant resides in or the obligation sued on was contracted to be performed in, or the injury to person or personal-pro=i perty occurred in this Judicial District and this plaintiff resides at the above address in the County of Contla Colta`7 State of California. I declare under penalty of perjury that the foregoing is true and correct. Executed on Lu .•.:}, ,' i = 7!�J^ , at —�'' ~� / -- : California (sign��of Wderant) ORDER The People of the State of California to the above named Defendant You are hereby directed to appear and answer the within and foregoing claim at the Court Room of the above entitled Court, 2021 Market Avenue, San Pablo, County of CtralCosttaa, State of California, at "' •` { M. on ' a to haven ith ;4u, H1e�1 there,all books,papers and witnesses needed by you to establish your defense tAaid claim.And you are further notified that in case you do not so appear, judgment will be given against you for the amount of said claim together with costs of the action including costs of service of this order. EDNA J. BLUSHER, Clerk ' Dated: t By 7a- Deputy Clerk. COURT'S NOTATIONS Plaintiff in court. Defendant in court. Judgment for Principal s Against Costs s 2.00 Dated. Stay Days. Judge of On Munk4W court CONTRA COSTA COUNTY CLERK'S OFFICE Inter- Office Memo Date: December' 20, 1972 To: County Administrator From: Clerk of the Board Subject: Small Claims Suit for Dishonored- Welfare Warrant (Carmagnola) Attached is. a copy of a Small Claims Court action involving Frank's Market, Richmond vs. Contra Costa County, W. T. Paasch, - et al. The County Counsel indicates a determination should be made as to the representative for the County in this case. Will you please take whatever action is necessary in . making this determination. Thank you -b R.4oCEIVED COUNTY COUNSEL'S OFFICE Oft PP egg 1N. To PAAlClt CONTRA COSTA COUNTY , CLERK MARTINEZ, CALIFORNIA W. T. TO: Paas ch� Count y Clerk Date: December 19, 1972 . From, John B. Clausen, County Counsel By: Gerald A. Becker, Deputy Re: Small Claims suit for dishonored welfare warrant Attached are pertinent materials from our files on this subject. We understand that an- examination of the signature in question by the Sheriff's Department concludes that it is .probably a_ forgery. Accordingly, we recommend that the Sheriff's examiner be called as a witness. We suggest that the County Clerk and the Auditor-Controller decide between themselves who is to defend this lawsuit on behalf of the County. GAB:mk Attachments C6-4- H: Donald Funk Auditor-Controller 3 " SMALL CS COURT, RICHMOND JUDICIAL STRICT 1 COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA _ Action tlo. S.C. FRMS MARKET by FRANK CARMAGNOiA •�J 381 So. 36th St. p Richond Calif. Plaintiff(s) l� DECLARATION ' CONTRA COSTA COVUNTY PRINCIPAL $ 130.00 WALTER T. PAASCH, COUNTY CLERK FILING FEE $ 2.00 CLERK'S OFFICE, COURTHOUSE CERTIFIED MAIL $ 1.50 urt & Main Sts. Defendants) for Dishonored Welfare Martinez. Calif. , 94553 Warrant #R403583-DOE 1, DOE 2 & DOE 3 t 1, the undersigned, say: That the defendant(s) is/are indebted to the plaintiff(s) in the sum of principal and costs indicated above; that this plaintiff has demanded payment of said sum, and no part thereof has been paid; that the defendant(s) reside(s) in or the obligation sued on was contracted to be performed in, or the injury to person or personal pro- perty occurred in this Judicial District and this plaintiff resides at the above address in the County of Contra Costa, State of California. 1 declare under penalty of perjury that the foregoing is true and correct. f � 9 Executed on DECEMBER 14, 1972 at RICHMOND. California- 7 alifornia- t' Signature of Declarant. - ORDER THE PEOPLE OF THE STATE OF CALIFORNIA, TO THE ABOVE NAMED DEFENDANT: You are hereby directed to appear and answer the within and foregoing claim at the.Small Claims Court,. Second Floor, Room 202, 100 -.37th Street, Richmond, California, on JANUARY 12, . 1973 at 9 A. M_ Reset for at M., by on Reset for at M., by on Reset for at M., by on F and to have with you, then and there, all books, papers, and witnesses needed by you to establish your defense 'z to said claim; and you are further notified that in case you do not appear, judgment will be given against you in accordance with said claim as it is stated in said declaration, and in addition, costs of the action, including costs of service of the order. LAURA PRICCO p' Order dated and affidavit and order filed on X AW LA PP Clerk DECEMBER 14, 1972 B N., CHEM y � Deputy Clerk PROOF OF SERVICE Action No. S.0........IS2C:!r> RETURN TO CLERK'S OFFICE NOT LESS THAN 48 HOURS BEFORE TRIAL 100 - 37TH STREET, RICHMOND, CALIFORNIA 94805 t I, the undersigned, say: I was at the time of the service of the papers herein referred to, over the age of eighteen years and not a parry to the within-entitled claim. I served the Claim and Order by delivering a copy of said Claim with an original of said Order to each hereinafter named defendant personally, in the County, State of California, at the address and on the date set forth opposite each name, to-wit- - Where Served a Name of Defendant Served Street Address City County Date and Time of Service ........ ------•----------•---------••-. ..............................._................................................--•-•- .......-..........-......_............... x -------------------------•------------------------------- .....................................-................................................. ._...._.................................. ~ I declare under penalty of perjury that the foregoing is true and correct. Fee for Service $....................... Executed on................................................................... at........._._._. ......__., California. (Date) (city'_... _..._ • y .............................................................. ............................. j Signature of Server .3 ........................................... . ............................................... N Address ' 7i T �• 41 • February 22, 1972 .. ECEIVED Board of Supervisors, Contra Costa County County, Administration -Building_ W. T. PAASC!' Martinez, California 94553 CLEnK moo.•- A COLTo CF Gentlemen: cY On Friday, February 18, 1972, I attempted -to file suit in Richmond municipal Small Claims Court in an effort to have the County honor a county warrant which h- cashed. in my grocery store.. Frank 's market, in December of 1971. The Small: Claims Clerk advised me that I must first request the Board of Supervisors to honor the county warrant. On December 17, 1971, I cashed County Warrant #R403583 ,in the amount of $130.00 and made payable to Janie alae Calhoun (copy attached) and deposited the check in my account in mechanics Bank. Obviously, unknown to me, Mrs. Calhoun had previously reported this warrant as being lost and a duplicate warrant was issued to her on December 9th which she had also cashed. -AX.0 a its cashincL both warrants: I have contacted the Social Servico. spar men n an unsuccessful effort to arrive_ at a satisfactory arrangement for repayment of the $130.00 due me, as the -County Auditor-Controller has refused to honor the original Warrant. I hereby request that the Board of Supervisors direct the • Auditor-Controller to honor the original county warrant #403583 in the amount of $130.00. Thank you for your consideration in this matter. _ Yours vary truly, { Frank- Carmagnola Frank's Market 381 South 36th Street Richmond, California 94804 �A O s • y 3P � C wG s'q .► 7 coJim, %tGt►5f � t!!1 O OQ � QtA NaQ to A i a t.1 •� t IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Referrals to ) Poard Administratiom and Finance ) December 5, 1972 Committee. ) The Board heretofore having wade certain referrals to its Administration and Finance Caanmittee (Supervisors J. E. Moriarty and W. N. Boggess) ; and Said committee having reported and recomended as follows with respect to aforesaid referrals : Referral Date Item Recommendation 6-13-72 Report of W. A. O'Malley, Matter considered as a policy District Attorney, on item in compilation of current consumer fraud activities fiscal year budget and staffing and requesting additional determinations made for 1972- personnel for said function. 1973 fiscal year. Review again during compilation of budget for 1973-1974 fiscal year. 6-13-72 Suggestion by Mr. Lenard Request has been superseded by Grote that county consider subsequent request made participating in Phase III officially by ABAG for $1,120 of ABAG Ocean Coastline contribution toward Phase III Study and contribute as its of said study. Staff recom- share of local matching mandation on latter request funds a sum not to exceed will be submitted shortly. $3,600. Remove this item as committee referral. 8-15-72 Master agreement for pro- Request that County Welfare vision of transportation Director carefully evaluate services for certain public such services during term of assistance recipients to the agreement as a basis for recreational and learning recommendation to Board on experience programs. continuation in the future and, if so, on what nature and scope. \110-3-72 Request of F. Carmagnola, Disapprove request for payment. dba Frank's Markst, that Contra Costa County practice on county pay dishonored payment in such cases deter- welfare warrant in amount mined to be in line with pro- of $130, wailing practices of other counties and modification would result in a degree of county financial support of those cashing welfare warrants and could result in additional attempt to cash fraudulent welfare warrants. 10-30-72 Request of Aahmes Shrine County Counsel has advised Mounted Patrol for financial that financial contribution support (tl 007) and that it cannot legally be made; Clerk be permit a� to represent should so advise Aabmes Shrine Contra Costa County at 1973 Mounted Patrol. Tournament of Roses Parade in Pasadena. Referral Date Item Recommendation 11-8-72 Replacement of Obtain recoaamendation of Mr. David J. Levy as County Administrator anal County County Hearing Officer. Counsel on plan and procedures to be utilized to carry on Hearing Officer function. The Board having considered said committee report and determined the recommendations to be appropriate; NOW, THEREFORE, on motion of Supervisor Moriarty, seconded by Supervisor Boggess, IT IS BY TEER BOARD ORDERED that the aforesaid - recommendations of its Administration and Finance Camm►ittee are APPROVED. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dies, J. E. Moriarty, W. N. Boggess, B. A. Linscheid. 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 (S E A L) this 5th day of December, 1972• * •''��af,� ^ W. T. PAASCH, CLERK By POUAAJ� l ourette Zincald .oil ,` /' Deputy Clerk cc: Administrator District Attorney Public Works Director Planning Director Mr. L. Grote ABAG Welfare Director Auditor-Controller Mr. F. Carmagnola Aabrion Shrine Mounted Patrol County Counsel Personnel Director :CONTRA COSTA COUNTY CLERK'S OFFICE Inter- Office Memo - Date: October-3,. 1972 To: "Administration and Finance Committee Supervisors J. E. Moriarty and ,W. N. Boggess ) From: Clerk of the Board Subject: The Board today referred to you` f or review with staff and report to the Board, the matter of request of 'Mr. Frank Carmagnola, lba 'Frank's Market, that county pay -a dishonored welfare warrant s t lk w - attachments t` S In the Board of Supervisors of Contra Costa County, State of California October 3 19 72 In the Matter of Request that County Pay a Dishonored Welfare Warrant . The Board having heretofore referred to the County Counsel a request made to the county by Mr. Frank Carmagnola, dba Frank's Market, 381 South 36th Street, Richmond, California that a dishonored warrant (No. 8403583 issued to Janie Mae Calhoun) in; the amount of $130, which he cashed on December 17, `1971, be honored; and County Counsel having subsequently rendered .an opinion with respect to said matter; and There being differencesof opinion on the part of. staff as to the procedure to be followed with respect to dishonored welfare warrants; and In a September 22, 1972 letter to the Board Mr. Carmagnola having again requested that said warrant be honored; On the recommendation of the County Administrator, and on motion of Supervisor J. P. Kenny, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that this matter is REFERRED to its Administration and Finance Committee (Supervisors J. E. Moriarty and W. N. Boggess) for review with staff and report to the Board . The foregoing order was passed by the following vote: AYES : Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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: Mr. Frank Carmagnola Witness my hand and the Seal of the Board of Board Committee Supervisors County Counsel affixed this 3rd day of October , 1972 Auditor-Controller Welfare Director W. T. fAASCH, Clerk AdministratorBy !h Deputy Clerk 40ette Kincaid H24 en2 IOM 8-1 fX1 CONTRA COSTA CO. i - RECEIVED SEP 26 1972 September 22, 1972 Oft of County Administrator Board of Supervisors, Contra Coat& County County Administration Building Martinez, California 94553 1 _ Gentlemen: On February 22, 1972 I requested the Board of Supervisors to honor county warrant NR403583 dated 11-22-71 in the amount of $130.00 and made payable to Janie Mae Calhoun. 4 This warrant was cashed in my store and there is no doubt that it was cashed by Janie Mae Calhoun because I know her personally and have cashed many county warrants for her before. Onhy�because of }mowing her did I accept a warrant { from Contra%'bounty with an Oakland address. It is also my policy and has been for several years that a person must sign a warrant in my store and at the time it is being cashed.. i I hereby request that you taje this under consideration i again and honor payment on the original warrant for $130,00. Yours truly, : Frank Carmagnola Frank's Market K1 South 36th Street chmond, California 9480 . ` aim U _ C IV : 3, If7� W. Ops T. PAA �� ,, CLC g0 By OF-COSTA .0 -EXTRA ITEM County Administrator.: C1 aim made by Frank ' s -Market was reviewed by County Counsel Welfare warrant was not accepted by County Auditor-Controller . It would be i. to A & F . Committee a.nd get desirable to refer this the opinion set forth by Frank' s Market in the first it with County Counsel and place and then discuss see what can. be done. Frank ' s County Administrator and Market will go to court to sue for the duplicate check which is in the ,amount of $130 -and it may or may hot. be a forged check. 1 /2 1 /2/,3/4/5 Y r 4 'Duplicate warrants ; issuance , payment , negotiability, etc. 72-65 (1) •, COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: April 28, 1972 To: Board of Supervisors From: John B. Clausen , County Counsel By: Gerald A. Becker, Deputy County Counsel.; -,51 Re: County should pay Carmagnola for, dishonored welfare warrant (Claim filed by Frank Carmagnola for dishonored_ county warrant : No. 8403583 issued to Janie Mae Calhoun) By order of the Board, entered on February 28, 1972, the above- entitled matter was referred to this office. Having investigated the claim and reviewed the applicable laws (see attached memo on Negotiability of County Warrants) , our advice is as follows : Mr. Carmagnola's claim should be honored . Facts : On November 22, 1971 a County welfare warrant (No. 8403583) was issued to Janie Mae Calhoun. On December 1, Mrs . Calhoun filed a lost warrant affidavit in the Auditor-Controller's office declar- ing, under penalty of perjury, that she "never received" the warrant. A duplicate warrant was issued December 6, and paid December 9 by the Treasurer. Subsequently, on December 17, Frank Carmagnola (of Frank 's Market) cashed the original warrant and deposited it in his bank account . In the process of. collection, payment was refused by the Treasurer on December 21. Although we are not experts in handwriting analysis , we note striking similarities between the obviously genuine signature by Janie Mae Calhoun on the "Lost/Destroyed Warrant Certificate" and the alleged forged indorsement on the original, "unreceived" warrant . Mr. Carmagnola states that Mrs . Calhoun admits cashing the "unreceived" original warrant as well as the duplicate warrant. Discussion: 1. Issuance and Payment of Duplicate Warrants . Upon an analysis of the pertinent provisions of .the Uniform Commercial Code, we have concluded that most county warrants are to be treated as negotiable instruments (commercial paper) for all purposes , except for "holder in due course" provisions . With reference to such instruments , the Code 's "Official Comments" [Amer.Law Inst . , and Nat 'l. Conf. of Comsrs . on Uniform State Laws] state that : "The indorser is entitled to presentment, notice of dishonor and protest, and the procedure and liabilities in bank collection are the same. . . . " -1- RECEIVED .. W- it. PAASCH CL BO OF SUPERVISORS A COSTA 13 eputy 72-65 (2) J • 1 Board of Supervisors April 28, 1972 Upon presentment of the warrant for payment , the Treasurer may require exhibition of the warrant and reasonable identification of the person making; the presentment (UCC 53505) . Since one not a holder in due course takes subject to the defense that the instrument was "acquired by theft" (UCC §3306(d) ) , the Treasurer may delay payment when he suspects a forged indorsement . Commercial Code (UCC) §3506(2) provides that: "payment of an instrument may be deferred without dishonor pending reasonable examination to determine whether it is properly payable, but payment must be made in any event before the close of business on the day of resentment ." emphasis added Despite this provision, we advise that if theft, forgery or other fraud reasonably is suspected, payment may be prudently delayed pending prompt investigation as suggested above, and as discussed in previous memos (e.g. , our Opn., X70-143 of 10-19-70) . Possibly , pursuant to 51102( 3) , the same day payment requirement may be "varied by agreement," on, the face of the warrant, to provide for a longer period. In- any case, such a period must be "reasonable, " and the County "diligent" in authenticating the signature (§1102(3) ) . The warrant in question should be examined immediately by a competent expert as to its authenticity , including any indorsements thereon. If it is determined that nothing is improper, payment should be made to the holder that same day if possible, in compliance with UCC §3506(2) . It is legally irrelevant at this stage that a duplicate (substitute) warrant may have been issued -and paid. If the indorsement proves to be forged, then, and only then, may pay- ment properly be withheld pursuant to 53306 .limited rights of one not holder in due course) . Despite the Auditor's insistence thereon, Government Code §29581 does not necessarily dictate a contrary course of action. Section 29581 reads in pertinent part, as follows : "Upon the filing of the affidavit, the auditor shall issue and deliver to the legal owner or. custodian a duplicate warrant. . .and the treasurer shall pay the duplicate in lieu of the original warrant." (emphasis added) -2- • 72-65 (3) Board of Supervisors April 28, 1972 First , as we repeatedly have advised in the past (See, e.g. , our Opinions Nos . 70-143 and 68-1) , "upon filing" does not necessarily mean "immediately upon filing," . and it is reasonable to delay issuance and subsequent payment of the duplicate warrant pending examination of the payee 's, claim or authentication of the warrant presented for payment . Second, §29581 clearly specifies issuance of the duplicate warrant to the "legal owner." If the payee already has negotiated the first warrant, he or she no longer is the "legal owner. " On the other hand, if the payee is in possession of the original warrant at the time of the affidavit's filing, equitable consi- derations might estop him from asserting legal ownership. It should be noted here that if the payee files a lost warrant affidavit, and the original warrant is , in fact , not "lost" or "unreceived," then the substitute warrant has been obtained by fraudulent means . Since any person to whom the warrant is negotiated (e.g. , the storekeeper who cashes it) is not a holder in due course, the Auditor may assert his fraud defense against such a person and refuse payment of the substitute warrant. In the present case, the substitute was paid and is not in issue here; however, as stated above, this payment is irrelevant to the issue of payment of the original warrant. 2. Auditor or Treasurer's Liability for Non-Payment. UCC §3413 provides that the dravier Auditor of a negotiable instrument "engages that he will pay the instrument according to its tenor at the time of his engagement . . . . " If the warrant is in proper form and the Auditor wrongfully dishonors it, he may be liable for all damages proximately caused thereby ., Such liability might be predicated either on violation of §3413 itself or on refusal to perform a purely ministerial act. (Ellis v. City Council [1963] 222 C .A.2d 490 , 498, 35 Cal .Rptr. 317) Additionally, if the holder of the warrant is successful in his suit to force payment, and it is found that the Auditor's refusal was arbitrary or capricious , the plaintiff also may collect reason- able attorney 's fees, up to $1,500 . (Government Code §800--added_ by 1971 Stats . ch. 1655)._ -3- z • 72-65 (4) w � 1 1 ! Board of Supervisors April 28, 1972 3 . Other Considerations . There is a general rule of law which has been stated variously as follows :- "Where ollows :"Where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened, must be the sufferer. " (Civil Code §3543) "[The] loss must- be borne by the person whose negligence or misplaced confidence made the injury possible. " (emphasis added--Miller v. Wood [1963] 222 C.A.2d 206, 209 , 35 Cal.Rptr. 9; Tampico v. Wood [1963] 222 C.A. 2d- 211 , 214-5, 34 Cal.Rptr. 885.. See also, 23 Cal. Jur. 2d3 Fraud & Deceit, §48 . ) In our case, by accepting- the payee's affidavit and issuing a substitute warrant, the Auditor (and Gov.C . §29581) have created -a potential problem of dual payment . Thus , as between two innocent parties , it can be strongly argued that it is the County, and not the uninvolved third party, who should bear the loss. . Another consideration is' the desirability and importance of maintaining the respect and reputation of County warrants . Many banks and businesses probably accept them as a courtesy to the County . If some are dishonored (and the bank or business has no way of telling which particular warrant will not be paid in this situation) , . the negotiability of County warrants may be seriously impaired. 4 . Further Action. The Auditor may wish to refer this matter to the Sheriff and or. the District Attorney for action independent of the - County's ,civil responsibilities. GAB:ed (Attachment: 4--21-72 Memo),,'.'.: -4- r In the Board of Supervisors of Contra Costa County, State of California February 28 i 9 In the Matter of Dishonored warrant. Mr. Frank Carmagnola, dba Frank's Market, 381 South 36th Street, Richmond having filed a claim against the county in the amount of $130 for a dishonored warrant (No. R403583 issued to Janie Mae Calhoun) which he cashed on December 17, 1971; On motion of Supervisor J. P. Kenny, seconded by Super- visor A. M. Dias, IT IS BY THE BOARD ORDERED that aforesaid claim is REFERRED to the County Counsel. Zhe foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. i 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: Mr. Carmagnola Witness my hand and the Seal of the Board of County Counsel Supervisors Administrator affixed this 28th day of February , 19 72 Auditor — Welfare Director W. T. PAASCH, Clerk By.-- C, -- Deputy Clerk Lourette Kincaid 0 February 22, 1972 RECEIVED a:2, /9 72 Board of Supervisors, Contra Costa County County Administration Building CW. P A A S C H BOARD OARD OF SUPEL':�':» Martinez , California 94553 RA co , CO Gentlemen: On Friday, February 18, 1972, I attempted to file suit in Richmond Municipal Small Claims Court in an effort to have the County honor a county warrant which I cashed in my grocery store, Frank' s Market, in December of 1971. The Small Claims Clerk advised me that I must first request the Board of Supervisors to honor the county warrant. On December 17, 1971 , I cashed County Warrant #R403583 in the amount of $130.00 and made payable to Janie Mae Calhoun (copy attached) and deposited the check in my account in Mechanics Bank. Obviously, unknown to me , Mrs. Calhoun had previously reported this warrant as being lost and a duplicate warrant was issued to her on December 9th which she had also cashed. Mrs. Calhoun admits cashing both warrants. I have contacted the Social Service Department in an unsuccessful effort to arrive at a satisfactory arrangement for repayment of the $130.00 due me , as the County Auditor-Controller has refused to honor the original warrant. I hereby request that the Board of Supervisors direct the Auditor-Controller to honor the original county warrant #403583 in the amount of $130.00. Thank you for your consideration in this matter. Yours very truly, Frank Carmagnola Frank 's Market 381 South 36th Street Richmond, California 94804 c I 11ACOUNTY OF CONTRA COSTA so-4os 1211 CME OF THE No. 84035831 FUND 1302,SPECIAL REVOLVING FUND "cz, AUQtTQRCQNTRQtLEIt' ONE HUNDRED THIRTY AND CC/IGC DOLLARS 111"R . 10--71 `11-22-71, PAY St***130 o.,•.. McnY PAY TO y A L 1,0 h!, JA,ji.I F :f.1 E FAR PROPERTY,60005,RIGHTS OR SERV/C£5 AS a £IO£NC£0 BY ARO£R QR PUBLIC VOUCHER ON i. 1 1.1 3$T H Av l fa£IN THIS OFFICE f� F ISCQL YEAR 71-72 ty �:..,.;,,,,,, -� ''•^-y;_t�+T CONTRA COSTA COUNTY / `.��. oa'J, aur zoa .s�MO'•u�a"� ! TMS W M.NT VOID SIX MONTH AFTCA DATC OF ISSUC / n•40 3 58 3•+' '7�//�Ge `G�Lr� - ., 0 0o 13000.E -.:1: 1211w0408�: _., moo 1000 304, ' -5. �'�ey - � ,�• j i:7 ibis warrant must be endorsed In ink or indelible pencil on the line below by the person in whose favor it is drown, and the name must be spelled exactly tt•e.some as It is on iho face of the worron� I iSignoture of Payee.) IF PAYEE 1S.UItABLE TO SIGN ` on the tire above for endorsement, then endorsement must be made by mark (X) in space below and witnessed by one person who con write. (Name of payee exactly as it appears on the face of this warrant.) His!ar hg,1HI D i. f+MofIt ' P.� Witnessed: +A4•,t.'i+w��ti G e 5lgnoture t ��f`'tiT Address w Dat fi yrt-,,y to t rJ fi.-0. U. + &�j ge, ........................................................... RECEIVED 1972 W. T. PAASCH CLE BOARD OF SUPERVISORS CO S A C YY .�l. Wpuly CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: BILL WHITE Address : 7723 Huntridge Lane, Cupertino, California 95014 Attorney: Joseph R. Longacre, Jr., Post Office Box 129 Orinda, CA 94563 Amount: $900 Date Filed : December 12, 1972 By mail , postmarked X72 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: December 12, 1972 W. T. PAASCH, By � Doroth 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 reco end referral to : ( County' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: 13 49c&.j,,,,j /VnJOHN B . CLAUSEN, By -4z� 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 19, 197.2 (copy of Board Order also attached) . Please forwardthisclaim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on December 20 1972 and memo thereof filed and endorsed on c aim, per Government Code Section 29703 . DATED : December 20,, 1972 W. T. PAASCH, By �2rw Doroth Lazzarini, 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 . r: DATED : Dec. 20, 1972 Public Works , By DATED : Dec. 20, 1972 County Counsel , By 'BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for Damages: BILL WHITE I declare under penalty of perjury that I am now, ;and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the . United States Post Office in Martinez, California, postage fully; prepaid, a certified copy of: Board Order of December 19v 1972 , together with NOTICE 0 n the. matter of CLALM FOR DA1.2AGES filed by or on behalf of BILL WHITE to the following: BILL WHITE c/o Joseph R. Longacre, Jr. Post "Office Box 12 Orinda, California 94563 I" declare under penalty of perjury that the foregoing is true and correct. Dated•. December 12, 1972 , at ,Martinez, California Deputy. clerk '.... F I LED IDE;20 1972 W. T. PAASCH CLERK BOARD OF SUPERVISORS RA COST,) CO. BY Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: BILL WHITE Joseph R. Longacre, Jr. Post Office Box 12 Orinda, California 94563 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on December 13,, 1972 was rejected by the Board of Supervisors of said county on December 19, 1972 • WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: December 209 1972 W. T. PAASCH, CLERK By Dorothy azzarzn Deputy Clerk cc: Pacific Indemnity Company 4341 Piedmont Avenue Oakland, California 94611 Attnx Mr. D. Nachtsheim IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA December 1!R , 19=— In the Matter of ) Claim for Damages. ) Bill White, 7723 Hun ridge Lane, . '"pertt-irig, Gal i forni a, by_ and through his attorney. Joseph R. Longacre, Jr. , Post Office Box 12, Orinda, California having filed with this Board on December 13 , 192, claim for damages in the amount of $900 ; 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. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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 19th day of December , 19Z. W. T. PAASCH, CLERK By _DorotAv Laz afrini Deputy Clerk, cc: Claimant Administrator Public Works (3) Attention Mr. Broatch County Counsel Agricultural Commissioner Form #8 70-3-500 �qW OFFICES 'tgpRAGA WAY LOQGflCK U1flL5H P.O.13OX 12 LOI1Gficu,JQ• O.QIDDA, Cp .94563 JOSEPH R• Cali] 254 g6t5 Jfl1111ES W.WHLSH December 11, 1972 Of Supervisors DEC �'1-1972 Board o W, -f, FAASC14 Secretary County of suPERv►sopA Contra Costa C�ILIkK 0 c ca 94553 Deputy AckninistratA n Building ay Martinez, C Re ogee _ White Dear Sir: of Bill White is the ,Verified Claim o f the sale as a result. to him. Enclosed herewithes sustained _ the t the County for damages the return against t in the alternative, aver verified of his horses, Board as to be . filed with State of California- this ent Code of is requested be Please cause Governm which it st this ursuant to the of the claim, and returned claim p a copy information Also enclosed is t and filing noted with receip rovided. office in the envelope P ank you for your assistance. Th truly, urs ,J SEP" R. NGACRE, JR. JBL=Pd r f ' FILE f% 1972 STATE OF CALIFORNIA } W. T. PAASCH ss CLERK BOAJ�D OF SUPERVAO S COUNTY OF SANTA CLARA say ` ' - Comes now BILL WHITE, whose resident address is 7723 Hunt- ridge Lane, Cupertino, California 95014, and alleges as follows: 1. That during the months of September and October, 1972, your affiant was the owner of three (3) horses, each with the minimum value of $300.00, for a total minimum value of $900.00. Said horses were in the possession of H. H. MAGEE under grazing contract and were maintained on the Old Dollar Ranch near Walnut Creek, Contra Costa County, California. 2. That during the latter part of September, 1972, said horses came into the possession and control of the Animal Control Officer of Contra Costa County, California. 3. That said horses can be described as follows: a. Small blaze sorrel gelding with 'Lightning' brand on left thigh; b. A sorrel with two white socks and a 'Box-7' brand on the left thigh; and, c. A black and white faced gelding with no brand. 4. That the Animal Control Officer and his agents and em- ployees improperly sold said animals and in so selling failed to comply with Ordinance of Contra Costa County 51-2.473 (69 . 16) as -1- T it applies to the Agriculture Code of the State of California com- mencing at Section 17003, et seq. a. The Director of Agriculture was not notified. b. Brand registration was not searched. c. No newspaper advertising was indulged in. d. Proper and adequate time for notice as required by law was aborted and ignored. e. There was no appraisal by independent experts as to the value of said horses, or any of them. - S. That as a direct and proximate result of the irregular, improper, and unlawful sale of said horses the owner has been denied the value thereof, all to his damage in the sum of at least $900.00, together with costs and expenses in the prosecution of this claim, which said owner is willing to waive if he is paid the value of said horses before suit is filed hereon. 6. In the alternative, the owner would release the County of Contra Costa and its Animal Control Officers, their agents, and employees, from any and all liability and damages sustained herein if the horses are returned to him in a physical condition that would be substantially the same as when they were improperly dis- posed of by the County of Contra Costa. 7 . That there is still missing a fourth horse also owned by your affiant and maintained in the same place with the above -2- described three horses, whose description is: Blood bay gelding with white socks on back and front left feet and a 'V-Bar' brand on the left thigh, and the whereabouts of said fourth horse is not known. 8. Wherefore, Claimant BILL WHITE asks for damages in the sum of at least $900.00, or the return of his horses undamaged. 9. All notices or other communications with regard, to this claim should be sent to Claimant at: Mr. Bill White c/o Joseph R. Longacre, Jr. Post Office Box 12 Orinda, CA 94563 Dated: Decembers-;- 1972. fi BILL WHITE, Claimant Subscribed and sworn to before me on December L5; 1972. rtt/q�N}u1fiM�tnr»eata�;.nae:►std:�.�rtlrrs++eraq DANIEL I PAULSO.n17 � NOTARY VjrAic—uj r,::x41A PRIr }:� SANTA CLARAiCOUNTY � My Comtait:ica Expirot Msreh 25, 173 " Notary PubljZ in and for the County of Santa Clara, State of California -3- Ua. ,fin- ,r ra Ln yr+.+ oma+ y yIA V V y N iA 16 V p !� a OLU i�U tY =O G t9 o J - y o, CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: JIM FLOYD GRAHAM MILLER Address : 400 Shore Road, Pittsburg, California Attorney: Stuart W. Willis, 704 Ferry Street, Martinez, California Amount: $20,000 (as of date of presentation) Date Filed : December 8, 1972 13 By mail , postmarked 17--7--7 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: Dec. 8, 1972 W. T. PAASCH, By e2iA Dorothf Lazzgrinit e p u ty 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 recom d referral to : ( ✓TCounty ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: 11 ��cp�,�,T /47, JOHN B . CLAUSEN, By 4Deut 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 19, 1972 (copy of Board Order also attached) . Please forwardt is claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- ti on ection 913 on December 20, 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED : December 20, 1972 W • T. PAASCH, By Dorothy Lazza z 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_ 200 1972 Public Works , By DATED: Dec, 20, 1972 County Counsel , By. �' BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for Damages: FLOYD GRAHAM MILLER I declare under penalty of perjury that I am no 1, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today. I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: Board Order of December 19, 1972 , together with NOTICE 07=1AL in the matter of CLAIM FOR DPMAGES filed by or on behalf of ....�.._ELOYD GRAHAM MILLER_�,.�.,_.�.._. to .the follotwing: FLOYD GRAHAM MILLER c/o Stuart W. Willis Attorney at Law 701 Ferry Street Martinez, California 94553 , I declare under penalty of perjury that the foregoing is true and correct. Dated: December 20, 1972 _ , at P-Iartinez, California 'Deputy Cler F I LED DEC;0)1972 W. T. PAASCH CLERK 00 RD OF SUPERVISOR& cqNTRA COSTA CO. 8Y Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: Mr. Floyd Graham Miller Stuart o Millis, Attorney at Law 704 Ferry Street Martinez, California 94553 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on December a. 1972 Was rejected by the Board of Supervisors of said county on December 19, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: December 20, 1972 W. T. PAASCH, CLERK By orot y azzar n Deputy Clerk cc: Pacific Indemnity Company 4341 Piedmont Avenue Oaklands California 94611 Attn: Mr. D. Nachtsheim IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA December 19 191,1j..2 191x.;2 In the Matter of ) Claim for Damages. ) Floyd Graham Miller, 100 Shore Road, PittsburZ, California, by and through his attorneyz Stuart W. Willis, 704 Ferry Street, w Martinez, California having filed with this Board on December 8, 1972 , claim for damages in the amount of $20,000 • 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. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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 19th day of December , 197—Z—. W. T. PAASCH, CLERK By � Dorot Lazzarini Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator Sheriff l STUART W. WILLIS AEtor"y at caw Staff 704 FERRY STREET Jl _ - MARTINEZ, CALIFORNIA 94553_ ANITA L. COLLINS AReA Cooa 413 , 29 November 1972 TeLzrNoru 9 REI D FEC ¢ -1972 W, T. FAASCH OLKI'Ff Alf 6F SUFfe vlaboh C CO. Board of Supervisors r County of Contra Costa Administration Building Martinez, California '94553 Re : Claim of Floyd Graham Miller Pursuant to Government Code §910 Dear Sirs : You are hereby notified that Floyd Graham Miller; . ' I hose address is 400 Shore Road, West Pittsburg, California, and who wishes all notices relating to this claim to be addressed to him care of the undersigned at 704 Ferry Street , Martinez, California, claims_ damages ,from the County of Contra Costa in the amount, computed as of the date. of presentation of this claim, of Twenty Thousand Dollars ($205000.00) . This claim is based on personal injuries , unlawful incarceration, and infliction of emotional distress sustained by claimant on or about September 3, 1972 in the vicinity. of his home at 400 Shore Road, West Pittsburg, California `urider _ the following circumstances: Claimant was being cited on' a routine traffic matter when. a Sheriff's Officer of the County of Contra Costa, without cause or excuse, physically' attacked claimant, striking him several times with a blunt instrument; then arrested defendant and placed him in incarceration. Officers of the Sheriff's Office, Contra; Costa County further, without good cause or excuse, charged `. defendant with a violation of Penal Code §242-243, Battery on a Peace Officer of which charge claimant is not guilty. Deputy Sheriff, Michael Barkhurst , Deputy Sheriff Estes and/or Sheriff Sergeant R. J. Voorhies are the public employees, causing or responsible for claimant 's injuries, arrest and incarceration under the above described circumstances as far as is known to claimant 'at this time. The physical injuries: sustained by claimant as far. as known, at the date, of- presentation of thin "claim , -consist of minor abrasions and contusions an d,:considerable pain. They also consist of: a period of incarceration .and considerable mental suffering. The amount claimed, 'as of the presentation of this claim- is computed as follows : Physical injury,' including pain and sufferin g $5,000.'00. ' Damages for illegal imprisonment Damages for false arrest, including 103000 :00"" attorney Ts fees TOTAL :; 5 "::000.:00 .. 20,000':00 Extmated prospective damages as far 'as known- NONE Total amount claimed, :as of date of; presentation. of this Claim - $20.3.�00.00 : ....; Sincerely, 40 :- W art . Willis Stu alc f t Y x 1' 3 D D c Q p 'x co42 Ott a ar. w r ,tea. ono o, o ctcc+- P. tl t� O N }ct 03V ct O s: q G M s. 1- 00 �., p ct ' r 4 r T-r �l J APPLICATION FOR LEAVE TO FILE A LATE CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: KEITH THOMAS Address : 1770 Barton Drive, Fairfield, California Attorney: HOWARD JAMESON, LAW OFFICES OF DOLGIN, KULLY & JAMESON P. 0. Box 1111, Martinez, California Amount: $50,000 (as of date of presentation) Date Filed : December 7, 1972 By mail , postmarkedl 7 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 Sections 910 and 910.2? DATED: December 7, 1972 W. T. PAASCH, By Dorothy L&zzarifffy Deputy II . FROM: County Counsel ' s Office TO: Clerk of Board of Supervisors application Abovecomplies substantially with Government Code Section 11.1 . 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 recom end referral to : ( v7County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . ADATED: �7 JOHN B . CLAUSEN, By D puty- 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_ 19, 1972 _(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 20, 1972 , and memo thereof filed and endorsed on c aim, per Government Code Section 29703 . DATED: Dec. 20, 1972 W. T. PAASCH, By Dorot y La zarini, 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. 20, 1972 Public Works , By DATED: Dec. 20, 1972 County Counsel , By �' � �� December 209 1972 Law Offices of Dolgin, Kully & Jameson Post .Office Box 1111 Martinez, California 94553 Attention: Howard Jameson Gentlemen: Enclosed is a certified copy of the Board's order of December 19, 1972 denying the application for leave to present a late claim on behalf of your client, Keith Thomas, which_ application was filed in this office on December 7,- 1972. Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk Enclosure _. cc: Pacific Indemnity Company 4341 Piedmont Avenue Oakland, California 91+611 Attn: Mr. D. Nachtsheim In the Board of Supervisors of Contra Costa County, State of California December 19: 19..;Z In the Matter of Application for Leave to File a Late Claim. Keith Thomas, 1770 Barton Drive, Fairfield, California,, ,by and through his attorney, Howard Jameson, Law Offices of Dolgin, Kully & Jameson, P. 0. Box 1111, Martinez, California having filed with this Board on December 7: 1972 application to file a late claim , for personal injuries; NOW, THEREFORE, on motion of Supervisor A. M. Dias, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that said application to file a late claim is hereby DENIED. The foregoing order was passed by the following vote: : AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Li.nscheid. 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 cc: Claimant/Attorney Administrator Supervisors Public Works (3) affixed this 19th day of December , 19 7 Attn: Mr. Broatch W. T. PAASCH, Clerk Count Counsel � y BY �� � �.� ~�,._._._., Deputy Clerk County Hospital Dorothy Lazzarini H24 anz ions 1 • , s r • LAW OFFICES DOLGIN, KULLY & JAMESON A PROFESSIONAL CORPORATION DAVID A. DOLGIN 900 THOMPSON STREET LEONARD A. KULLY P.O. B0X 1111 HOWARD JAMESON December 6, 1972 MARTINEZ, CALIFORNIA 94853 TELEPHONE 228-2300 Contra Costa County - Board of Supervisors Administration Building Martinez, California Re: Claim of Keith Thomas Gentlemen: Enclosed please find a claim for personal injuries ' against the County of Contra Costa and an applica- tion for leave to file .a late claim. Please file both of these documents and see that . they are put on the agenda of the next meeting of the Board of Supervisors for their consideration. Very trul yours, HOWARD HJ:cb Enc. RECEIVRD DEC 7, 197? W. T. PAASCM CLERK WARD OF SUPERVISORS TRA COSTA CO. !11 OtY BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA In the Matter of the Proposed F I QED Claim of: DEC 7� 1972 KEITH THOMAS W. T. PAASCH CLERK BOARD OF SUPERVISORS aECON RA OSTA C . against the County of Contra Costa 13Yy "O Deputy TO: THE HONORABLE MEMBERS OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA. 1. I, KEITH THOMAS, the undersigned, apply for leave to present a claim under Government Code Section 911.4. 2. The claim is founded on a cause of action for personal injuries which resulted from negligently administered medical treatment at the Contra Costa County Hospital on or about May 27, 1972, and for which a claim was not presented within the 100-day period provided by Government Code Section 911.2. The date of accrual of claimant' s cause of action is not clear, and this application does not constitute an admission As to any particular date as that of the accrual of the claim- ant's cause of action. For additional circumstances relating to the cause of action, reference is made to the proposed claim attached to and incorporated as a part of this application. 3 . The reason for the delay in presenting this claim was through inadvertence, surprise, and excusable neglect and the County of Contra Costa was not prejudiced by the failure to present this claim within the 100 days of the date that the neg- ligent treatment was administered. 4. The reason said claim was not filed within 100 days of the date that the said negligent treatment was administered is that your claimant was physically incapacitated during all of the 100-day period specified by Government Code Section 911.2 for presentation of claims and by reason of this disability failed 1. ti to present a claim during that period; further, your claimant did not become aware of the negligent treatment and his re- sulting injury from said treatment until on or about November 1, 1972 when he was able to review the medical records con- cerning his right leg, ankle and foot, all of which were the subject of the said negligent treatment. 5. I am presenting this application within a reason- able time after the accrual of this cause of action. The date of the negligent act was on or about May 27, 1972. Approxi- mately six months have elapsed between the date of said incident and the filing of said application. WHEREFORE, I respectfully request that my application be granted and that the attached proposed claim be received and acted on in accordance with Government Code Section 912.4 and 912. 6. Dated: 4e U, ,Kk, 1972. KEITH THOMAS, Claimant VERIFICATION I, KEITH THOMAS, say: That I am the petitioner in the above entitled matter; that I have read the contents of the above application for leave to present late claim; that I have personal knowledge of the allegations made therein; and that said allegations are true and correct. I am over the age of 18 years and a citizen of the United States and a resident of the State of California. Executed on AQCQ.L1x bty 6 , 1972 at Martinez, California. I declare under penalty of perjury that the foregoing is true and correct. KEI H THOMAS 2. • BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA In the Matter of the Proposed F I LED Claim of: I DEC' 71 1972 KEITH THOMAS W. T. PAASCH CLERK BOARD OF SUPERVISORS COZY RA OSTA CO. against the County of Contra Costa By _ DeQucy TO: THE HONORABLE MEMBERS OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTAr STATE OF CALIFORNIA. 1. I, KEITH THOMAS, the undersigned, apply for leave to present a claim under Government Code Section 911.4. 2. The claim is founded on a cause of action for personal injuries which resulted from negligently administered medical treatment at the Contra Costa County Hospital on or about May 27, 1972, and for which a claim was not presented within the 100-day period provided by Government Code Section 911.2. The date of accrual of claimant' s cause of action is not clear, and this application does not constitute an admission as to any particular date as that of the accrual of the claim- ant 's cause of action. For additional circumstances relating to the cause of action, reference is made to the proposed claim attached to and incorporated as a part of this application. 3. The reason for the delay in presenting this claim was through inadvertence, surprise, and excusable neglect and the County of Contra Costa was not prejudiced by the failure to present this claim within the 100 days of the date that the neg- ligent treatment was administered. i 4. The reason said claim was not filed within 100 days of the date that the said negligent treatment was administered is that your claimant was physically incapacitated during all of the 100-day period specified by Government Code Section 911.2 for presentation of claims and by reason of this disability failed 1. I a to present a claim during that period; further, your claimant did not become aware of the negligent treatment and his re- sulting injury from said treatment until on or about November 1, 1972 when he was able to review the medical records con- cerning his right leg, ankle and foot, all of which were the subject of the said negligent treatment. 5. I am presenting this application within a reason- able time after the accrual of this cause of action. The date of the negligent act was on or about May 27, 1972. Approxi- mately six months have elapsed between the date of said incident and the filing of said application. WHEREFOREt I respectfully request that my application be granted and that the attached proposed claim be received and acted on in accordance with Government code Section 912.4 and 912.6. Dated: AU»t,kU 1, . 1972. 0 THOMAS, Claimant VERIFICATION I, KEITH THOMAS, say: That I am the petitioner in the above entitled matter that I have read the contents of the above application for leave to present late claim; that I have personal knowledge of the allegations made therein; and that said allegations are true and correct. I am over the age of 18 years and a citizen of the United States and a resident of the State of California. Executed on 6 , 1972 at Martinez, California. I declare under penalty of perjury that the foregoing is true and correct. xEI H THOMAS 2, PROPOSED CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO: THE COUNTY OF CONTRA COSTA AND ITS GOVERNING BOARD,,THE HONORABLE BOARD OF SUPERVISORS. -. 1. Claimant 's name and post office address are: KEITH THOMAS, 1770 Barton Drive, Fairfield, California. 2 . All notices concerning this claim are to be sent to the following post office address: DOLGIN, KULLY & JAMESON, P. O. Box 1111, Martinez, - California. 3 . The date, place, and other circumstances of the occurrence or transaction that gave rise to this claim are as follows: On or about May 27, 1972 while in the course and scope of my employment, claimant sustained injury to his right ankle, foot, and leg. On the same. day, claimant was taken to the Contra Costa County Hospital where treatment was administered-.. to his injured leg, ankle and foot. Claimant was not aware of the exact nature and extent of the said treatment afforded at the said Contra Costa County Hospital. From the date of said injury, May 27, 1972, until Nov= ember 1, 1972 claimant was totally disabled and unaware of the nature and extent of the treatment he received at the Contra Costa County Hospital. Claimant did not become aware of the fact that the treatment he received at Contra Costa County Hospital was negligently and carelessly performed until around November 1, 1972 when claimant was able to discuss the contents of medical reports concerning said claimant ' s injured leg,- ankle and foot. 4. The names of the public employees causing the damages herein are not known to me at this time, however, they are employed with the Contra Costa County Hospital, Alhambra Avenue, Martinez, California . FYtiiviT IL f PROPOSED CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO: THE COUNTY OF CONTRA COSTA AND ITS GOVERNING BOARD, THE HONORABLE BOARD OF SUPERVISORS. --,- 1. UPERVISORS..,1. Claimant's name and post office address are KEITH THOMAS, 1770 Barton Drive, Fairfield, California. 2. All notices concerning this claim are to be sent to the following post office address: DOLGIN, KULLY & JAMESON, P. O. Box 1111, Martinez, - California. 3 . The date, place, and other circumstances of the occurrence or transaction that gave rise to this claim are as follows: On or about May 27, 1972 while in the course and scope of my employment, claimant sustained injury to his right ankle, foot, and leg. On the same day, claimant was taken to the Contra Costa County Hospital where treatment was administered,_ to his injured leg, ankle and foot. Claimant was not aware of the exact nature and extent of the said treatment afforded at the said Contra Costa County Hospital. From the date of said injury, May 27, 1972, until Nov- ember 1, 1972 claimant was totally disabled and unaware of the nature and extent of the treatment he received at the Contra Costa County Hospital. Claimant did not become aware of the fact that the treatment he received at Contra Costa County Hospital was negligently and carelessly performed until around November 1, 1972 when claimant was able to discuss the contents of medical reports. concerning said claimant ' s injured leg,, ankle and foot. 4. The names of the public employees causing the damages herein are not known to me at this time, however, they are employed with the Contra Costa County Hospital, Alhambra Avenue, Martinez, California . 1. SYHia1T - 5. The amount claimed as of the We of; presentation of this" claim-is $50, 000,00, 6. I KEITH THOMAS., the undersigned; am ''the 'claimant:° ;:above named., - 510AS Ono J, toy ICET H THOMAS, 'Lk"': '. Zf" ` � ,` '�t 5.``" �'" F� •t,s'e h'�'� F-}"".rs•'c�`�-�'';w'LRS� } �a ,r C r t -C,,, ��\.�f.-"`"�r�;T a�N,.f ^s?•*a f"�z r`k 1 � y �' i �°'•t'r rr.,,p�s 3 rr'•3"�'*may"-�...'r"� : } M Z � - Y Y S s .'s i t •mom.. > .� � -r° r a r � S " � y �`C' r ✓r...r2'lita � meq=!s Y� �`��+'�`+x � � - •'� _ r ;� � ," r`Fc` ':'t' 2 t,,7 r� 4'mss,.,x*��.�, r r•.y i '4 -1 f� Sgt `� T ,�Y„� k�'i Y p •� "v'+?a*y� mm Em town; ,r � y. mom a r {r 5 y i } Y L 1 of v tS t1 s } .�.� Y S� � J x '• '' �` °� ' �[� EEG's : T7 ! - L CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO: THE COUNTY OF CONTRA COSTA AND ITS GOVERNING BOARD,. THE HONORABLE BOARD OF SUPERVISORS. 1. Claimant 's name and post office address are: KEITH THOMAS, 1770 Barton Drive, Fairfield, California. 2. All notices concerning this claim are to be sent to the following post office address: DOLGIN, KULLY & JAMESON, P. O. Box 1111, Martinez, California. 3. The date, place, and other circumstances of the occurrence or transaction that gave rise to this claim are as follows: On or about May 27, 1972 while in the course and scope of my employment, claimant sustained injury to his right ankle, foot, and leg. On the same day, claimant was taken to the Contra Costa County Hospital where treatment was administered to his injured leg, ankle and foot. Claimant was not aware of the exact nature and extent of the said treatment afforded at the said Contra Costa County Hospital. From the date of said injury, May 27, 1972, until Nov- ember 1, 1972 claimant was totally disabled and unaware of the nature and extent of the treatment he received at the Contra Costa County Hospital. Claimant did not become aware of the fact that the treatment he received at Contra Costa County Hospital was negligently and carelessly performed until around November 1, 1972 when claimant was able to discuss the contents of medical reports concerning said claimant 's injured leg, ankle and foot. 4. The names of the public employees causing the damages herein are not known to me at this time, however, they are employed with the Contra Costa County Hospital, Alhambra Avenue, Martinez, California . 1. * ' I .. � •L _�' • • 11 I 5. The amount claimed as of the date of presentation, . of this claim is $50, 000.00. ` 6. I, KEITH THOMAS, the undersigned, am the. claimant' . ' I'll I above named. . Dated: C!t 1, , . 1972. ;;' . GGLtc� . KEITH� THOMAS ,, . r r . :t .. ..... rc % ; ,+Wry r . . r - v :. c r.'7'w -''' ... :.r. ,,. - . - .. i _ 4. - - .. . r x 2 2. o v z� Qz pN0C z w � Z a 131 O O cr w K ct r-: an mtrn• oa N rt I-n f1 K O A) CO a n rt ft" a r-b a Mft � CO 0 w � r•ofi wA- a sz m w W r 1� J11 I w l cXI %, % J lelIL `ja f rn V e �\ In t f Supervisors e Board o u 1� p of Contra Costa County, State of California December 12 19 .72 In the Matter of Inquiry with respect to Property Deeds. This Board on December 6, 1972 having received a letter from Ms. Frances OrNeile, 1949 Pullman Street, San Pablo, California 94806, requesting that action be taken with respect to property deeds under a redemption certificate in an action filed in the Superior Court of Contra Costa County (No. R-2346); and On motion of Supervisor W. N. Boggess, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that said letter is REFERRED to the County Counsel and the County Sheriff- Coroner. The foregoing order was passed by the following vote of the Board: AXES: Supervisors J. P. Konny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. r' 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: C oun t t Counsel Witness my hand and the Seat of the Board of County Sheriff-Coroner Supervisors County Administrator affixed this 12th day of December, 19 72 Ms . O 'Nei le .W. T. PAASCH, Clerk By Deputy Clerk s z e P igo fit H24 7/72-ISM r CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: DALE CANTRELL Address : 171 Detroit #33, Concord, California Attorney: GEORGE W. KILBOURNE, SHERBOURNE & KILBOURNE, 620 Contra Costa Blvd. (P. 0. Box 23576) , Pleasant Hill, CA Amount: $100,000 general damages plus medical expenses actually incurred. Date Filed : December 4, 1972 By mail , postmarked 1-T--2-72 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: December 14., 1972 W. T. PAASCH, By orot y La arini, 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 . ✓ We recompiend referral to : ( county ' s general insurance carrier ; ( ) Other insurance carrier; ( ) County Counsel . DATED: L� �C%�LG , ZZ 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 onnpr _(copy of Board Order also attached ) . Please forward t is 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 : December 13_,_1972 W • T• PAASCH, By �� .- Dorothy Lazzarini, 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 : Dee. 13 . 1972 Public Works , By t DATED : nee 13. 1972 County Counsel , By `�/ BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for Damages: DALE CANTRELL a . I declare under penalty of perjury that 2 am now, and' at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: Board Order ofec g ' .12�,�.,__ together with NOTICE OF DENIAL in the matter of CLAIr4 FOR DAMAGES filed by or on behalf of DALE CANTRED„L arra r� ■ ■ .ru i.�+r.�. .�rrr.r rri rirrrMrr. err wrrerrrre to the following: DALE CANTRELL c/o George W. Kilbourne Sherbourne & Kilbourne Post Office Box 23576 Pleasant Hill, California 94523 I declare under penalty of perjury that the foregoing is true and correct. Dated: =r....December..11. 11972 , at Martinez, California Dorothy L zarini, eputy Clerk. FILED DEC 1:3, 1972 W. T. PAASCH CLERK BOARD OF SUPERVISORS CCOSTA CO. RA By u Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: DALE CANTRELL c/o George W. Kilbourne Sherbourne & Kilbourne Post Office Box 23576 Pleasant Hill, California 94523 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on December. &. 1972 was rejected by the Board of Supervisors of said county on December 12, 172 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to File a court action on this claim. See Government Code Section 945.6• You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so imaediately. DATED: December 13, 1972 K. T. PAASCH, CLERK By Dorothy LazZarini Deputy Clerk cc: Pacific Indemnity Co. 4341 Piedmont Ave. Oakland, CA 94611 Attn: Mr. D. Nachtsheim IN Tit BOARD OF SUPERVISORS OF CONTRA dosTA cou#TY, STATE OF CALIFORNIA December 12 , 19742, In the Matter of ) Claim for Damages. ) Dale Cantrell, 171 Detroit #33, Concord, California, by and through George W. Kilbourne, Sherbourne & Kilbourne, 620 Contra Costa Boulevard, Pleasant Hill, California having filed with this Board on December 4 , 197_L_, claim for damages in the amount of $ 100,000 general damages plus medical expenses incurred ; NOW, THEREFORE, on motion of Supervisor A. M. Dias , seconded by Supervisor W. N. Boggess , 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, W. N. Boggess, E. A. Linscheid. 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 12th day of December , 197 2 W. T. PAASCH, CLERK By Dorothy Lazzarini Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator County Hospital DEC * 4 1972 NO' ICE 'OF. SUSTAINING PERSONAL INJURYMi TO: THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA Take notice that claim is hereby made . for claim for personal injuries , against the County of ContraCosta,.. State of California. Claimant: Dale Cantrell 171 Detroit #33 Concord, California Notices: Notices are to be sent to: GEORGE W. KILBOURNE : SHERBOURNE & KILBOURNE, 620.Conira Costa.'Boulevard- 1 . O. Box. 23576. Pleasant Hill, California Date of Injury: September 17, 1972 Place of Injury: 171 Detroit Avenue Concord, California Facts: On or about September,.IT, 1972;; . claimant, who was `estranged' from his wife, went to her `apartment As a result of his conduct, he was taken into custody by the Concord police, was handcuffed and taken t"o the Contra Costa County, Hospital. The reason for doing this was apparently stated because he was dangerous to himself. He was released immediately from the Contra Costa County Hospital in spite of this warning from the police and allowed Fm I L hrovan no' to return to Concord. In the City of Concord, he proceeded to wrecka, DEC L/ 1972 car in an attempt to do away with , himself and suffered. serious injuries.. W. T. PAASCH CL6 }C 64ARD OR 81J'QRVfiOR� - Ay ry - He was noted to have a- severe depression: with' ,unstable :personalit and drinking with suicidal jesters. Y at the.:hospital... Inury ;or Loss Injuries claimed by claimant by way. of;personal injuries because of the Pain, ;discomfort and suffering ac.comAanying.,- disability,, embarrassment and nt me al 'from pain and suffer g 'sh, the foregoing g ing action. result of the acts of the claimant, which he was allowed to do through the negligence of the the employees of. Contra Costa Count suffered' a 3T Hospital,. he Transverse fracture, of the, .=. - left femur,:'injury ' surrounding to other tissues g the femur and abrasions and contusions to oth body. er parts' of his E-Ployee responsible Unknown, Amount claimed- $100,000.00 neral dams es medical exp ses actually Plus y incurred. c _ a � x o a ' o roi = H CD ' co H t � •' JJJ��j`� d tQ4Y _ t K 0 P.ti 'W !�-. (D 02 03 •s N �oll PFJ-Po F-Pa � f Xv oq 1 p '• ro , qo C3 C)Cls 3CD fq � c 9-=rTz��: DEPUTIES: - OFFICE OF COUNTY COUNSEL PAUL W.I3wxER GERALD A.BECKER • . RICHARD A. SORTOLAZZO : ..CONTRA.COSTA COUNTY MICHAEL D.FARR HOWARD"T. GONSALVES COURT HOUSE, TOP FLOORJAMES A. KLINKNIX - JOHN B. CLAUSEN P.O. BOX 69 EDWARD V. LANE JR_ COUNTY COUNSEL S)LVAND MARCHESI MARTINEZ. CALIFORNIA 94553 ARTHUR W.WALENTA JR. GEORGE W. MCCLUREWILLIAM W. WARD III _ PHONES (415) 225-3000: CHIEF DEPUTY '.. ' ._ ": VICTOR,J. WESTMAI4 r: . ..._. December 18, 1972 Pacific Inde ity Company 4341 _Piedmo Avenue Oakland .0 04611 i� Attn: Mr. Dick Nachtsheim .. t ,fie-. Claim of Mrs-. Virg1jrAa Greer Gentlemen: Enclosed for your file ar ' :copies of (1) the ,notiee sent Mrs. Virginia Greer upon rejection of her claim 'against the -County by "the Board of- 'Supervisors, and (`2) Carder. of the Board rejecting said claim. - f Very truly yours, John B. Clausen County Counsel t F: W f By,: Michael D Farr 4 Deputy County. Counsel MIDF:me Eno.* cc Clerk of .the' Board 'of Supervisors Attn' : - Dorothy 'Lazzarini 1� � DEC. rw 1�f� W. T. PAASCH CLERK;SOARO.OF SUPERVISORS NIRA CO STA�Co. 8y Drputy CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: MRS. VIRGINIA GREER Address : 1113 Bush Avenue, Vallejo, California Attorney : DAWLEY, GEORGE & HOLT, Attorneys at Law, 127 University Ave. Berkeley Marina, Berkeley, California Amount: 5150,000 94710 Date Filed : November 109 1972 By delivery to Clerk By mail , postmarked 11_7-72 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: November 10, 1972 W. T. PAASCH, By Z::�" da�la_4 Dorothy JAzzar`lffiv 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 . r/ We re co end referral to : ( County ' s general insurance carrier; ( ) Other insurance carrier; ( } County Counsel . DATED: 3c Ww"s, 1'17.1 JOHN B . CLAUSEN, By Z- Deputy IIT . 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 wh ct'-- was REJECTED' by the Board of Supervisors on December 12 1972 (copy of Board Order also attached ) . PleaseJorward this claim to the County ' s general insurance carrier (or } . Claimant notified of this action per Government Code Sec- tion 913 on pqcember 13, 1972 , and memo thereof f.ile'd' and endorsed on claim, per Government Code Sect-ion- 29-7,03 . DATED : December 13 , 1972 W. T. PAASCH, By Dorothy azza ini, 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. 13, 1972 Public Works , By �JJ DATED : Dec. 13,, 1972 County Counsel , By THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNrY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: MRS. VIRGINIA GREER c/o Dawley, George & Holt Attorneys at Law 127 University Avenue Berkeley Marina Berkeley, California 94710 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on November 10, 1972 was rejected by the Board of Supervisors of said county on December 12, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: December 13, 1972 W. T. PAASCH, CLERK Dorothi Latli&rini Deputy Clerk cc: Pacific Indemnity Company 4341 Piedmont Ave. Oakland, California 94611 Attn: Mr. Dick Nachtsheim (via County Counsel) 7 A BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for Damages: MRS. VIRGINIA GREER I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: Board Order of December 129 1972 together with NOTICE 07 DENIAL in the matter of CLAI1-1 FOR DAP2AGES filed by or on behalf of, MRS. VIRGINIA GREER to the foll(wing: MRS. VIRGINIA GREER c/o Dawley, George & Holt Attorneys at Law 127 University Avenue Berkeley Marina Berkeley, California 91710 I declare under penalty of perjury that the foregoing is true and correct* Dated: December 13, 1972 , at Martinez, California G voroELazzarTra, Deputy Clerk FILED CSE_;, i 3, 1972 W. T. PAASCH CLERK [Ij3AR0 OF SU PERYISORS TRA COSTA CO. SY De utY IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA December 1212- In the Matter of ) Claim for Damages. ) Mrs. Virginia Greer, 1113 Bush Avenue, Vallejo, California. by and through Dawlev, George & Holt, Attorneys at Law, 12Z University Avenue, Berkeley Marina, Berkeley, California 94710, having filed with this Board on November 10, 1972 , claim for damages in the amount of $150.000 NOW, THEREFORE, on motion of Supervisor A. M. Dias , seconded by Supervisor W. N. Boggess , 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, W. N. Boggess, E. A. Linscheid. 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 12th _day of pecember_____� 19?-? .._- W. T. PAASCH, CLERK Bp Doroth azz i Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator Personnel Director DEPUTIES: OFFICE OF COUNTY COUNSEL PAUL W. BAKER - GERALD A. BECKER IDA. O LAZZO CONTRA COSTA COUNTY MICHAEL L' F R HOWARD T. GONSALVES COURT HOUSE.TOP FLOOR ':JAMES A. KLINKNER JOHN B. CLAUSEN P.O. BOX 69 EDWARD V. LANE JR. COUNTY COUNSEL SILVANO MARCHES[ MARTINEZ, CALIFORNIA 94553 ARTHUR W. WALENTA JR. GEORGE W. McCLURE �Q ls 2 000 WILLIAM W. WARD 1[I CHIEF DEPUTY - +++V e� ��, 1972 - - VICTOR J. WESTMAN • Pacific Ind it Com y pany 4341 Pledront Avenue Oakland CA 94611 Attn: Mr. .john A. Bohman Assistant Claims Superintendent Re: 1. Claim of Mrs. Virginia Greer 2. Claim of Dr. Leonti Thompson Dear Mr. Bohman C Pursuant to our telephone conversation of November 17, 1972 enclosed are copies of the above-referenced claims filed respectively on November 10, 1972 and November 13, 1972. O Please review these matters and inform us of any recommendations you may have as to their handling prior to November 30, 19720 so that this office can notify the claimants of any insuffi Pciencies in the claims (Gov. Code §910.8) . YYours very truly, John B. Clausen County Counsel TOICHAEL D. By: Michael D. Farr Deputy County Counsel IRIECEIVED cc: County Administrator Attn: Frank Fernandez ` Public Works Department H(1 X) 1972 Attn: R. D. Broatch W. T. PAASCH Clerk of the Board of ery Su isors CLER BOARD OF SUPERVISORS p ONTRA CtGSTA CO. Attn: Dorothy Lazzarini By Deputy 1 CLAIM FOR DAMAGES 3 NAME OF CLAIMANT: MRS. VIRGINIA GREER: 4 ADDRESS OF CLAIMANT: 1113 Bush Avenue 5 -Vallejo, California NOTICES TO BE SENT TO: DAWLEY, GEORGE & HOLT 6 Attorneys at Law 127 University Avenue 7 Berkeley Marina Berkeley, California 94710 8 DATE OF OCCURRENCE: August 29, 1972 9 OTHER CIRCUMSTANCES: 10 Prior to, subsequent to, and on or about the date aforesaid, there 1I was a job vacancy in the Contra Costa County, California, government job the 12 position referred to as Director Social Service Department, said department 13 14 being a merger of the functions of County Health, County Medical Services and County Welfare, and having been created by the Board of Supervisors of Contra 15 Costa County, by, among other actions, Resolution No. 71/782. 16 Claimant was in all respects qualified and eligible to hold said .. 17 18 position and fill said job vacancy. On or about the date aforesaid, claimant 19 duly applied for said positions. The County neglected, failed and refused to 20 consider claimant's application or hire claimant for said position. Said neglect 21 failure and refusal was in violation of Federal, State and County law, in that same discriminated against claimant on the grounds of race, sex and age, was 22 23 in violation of County Civil Service laws, and violates claimant's right of due process and equal protection under the 14th Ame2dment to the United States 24 El- 25 Constitution. FILEMD 26 GENERAL DESCRIPTION OF DAMAGES: Nov, 10, IM 72 W. T. I'AA ;�CH CLERK BOARD OF SUPERVISORS N7 COSTA CO. BY pap - 1 - I 1 Asa result.of said conduct of;the.County claimant was deprived of 2 income, reputation, experience, and other benefits that would naturally flow 3 from hiring in said position and was deprived of her,right to compete for hiring. 4 AMOUNT OF DAMAGES: - 5 Claimant herein claims the amount of One Hundred Fifty Thousand 6 ($150, 000. 00) Dollars in damages. 7 Dated: November 2, 1972. x 9 10 DAWLEY, GEORGE &'HOLT 11 12 By Attorneys fo laimant 13 14 15 16 irgiGre r ant 17 18 19 20 21 22 23 24 25 26 - ,. ♦ *OF OF SERVICE BY MAIL—1013a,2015.5 a I am a citizen of the United States and a resident of the county of Conga Costa. 1 am business over the age of eighteen years and not a party to the within above entitled action:my 2m)Womaddrest 127 University Avenue, Berkeley, California pn November 7, 1 served the within C L AIM FOR DAMAGES Supervisors on the_ Secretary, Board of in said action,by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid,in the United States post office mail box at Berkeley, Califomia addressed as follows: Secretary, Board of Supervisors Contra Costa County Administration Building Martinez, California 94553 I _ E, M. Anderson certify (or declare), under penalty. (name mutt be typed or printed) of perjury,*that the foregoing is true and correct Executed on November 7, 1972 of Berkeley (date) ( lac Signature *proof of service by mail forms,being signed under penalty of perjury,do not require notarization. ATTORNEYS PRINTING SUPPLY FORM NO. 11 D m � m m y tti MAC> pm<A G1 r« O 3:.< ) zzarm m>Z ;p C � m = 0 0 fyCL 0 K" e'Kt n4 Km (D r• � 0 0 bd 4 4 �i �• 0 p' itiNS �h li w 0 K m 3 APPLICATION FOR LEAVE TO FILE LATE CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: VIRGINIA C. HASTORF Address : 1877 So. 6th Street, Concord, California Attorney: DOLGIN, KULLY & JAMESON, P. 0. Box 1111, Martinez, CA 94553 Amount: $30,000 plus medical and incidental expenses Date Filed : November 30, 1972 By delivery to Clerk 11-30-72 I . FROM: Clerk of Board of Supervisors TO: County Counsel ' s Office application to file a late Attached is a copy of the above/claim. Is it sufficient and does it comply substantially with Government Code Sections 910 and 910. 2? DATED: December 1, 1972 W. T. PAASCH, By ' orot y azz ni, Deputy II . FROM: County Counsel ' s Office TO: Clerk of Board of Supervisors aplica c>ption for leave to file a late _ aim complies substantially with Government Code " Above/ Sections AdR am SIR 51 11.4. 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 : ( L-J'County ' s general insurance carrier; ( Other insurance carrier; ( 3 County Counsel . DATED: 41 2L", l%-7.)- 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 application for leave to file late Attached are copies of above/ claim which was REJECTED by the Board of Supervisors on December 12. 1972 (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 12 1972, and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED: December 12, 1972 W. T. PAASCH, By �tJ� Doroth Lazz rini,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. 12, 1972 Public Works , By 1 DATED : Dec. 1 , 1972 County Counsel , By '' i ? JAMES P. KENNY, RICHMOND THE BOARD OF SUPERVISORS EDMUND A. LINSCHEID IST DISTRICT CHAIRMAN ALFRED M. DIAS, SAN PABLO CONTRA COSTA COUNTY V TY ALFRED M* DIAS 2ND DISTRICT VICE CHAIRMAN JAMES E. MORIARTY. LAFAYETTEW.T. PAASCH. COUNTY CLERK 3RD DISTRICT ADMINISTRATION BUILDING, ROOM IO3 _ AND EX'.OFFICIO CLERK OF THE BOARD - WARREN N. BOGGESS, CONCORD P. O. BOX 911 MRS.GERALDINE RUSSELL 4TH DISTRICT CHIEF CLERK EDMUND A. LINSCHEID, PITTSBURG MARTINEZ. CALIFORNIA 94553 PHONE 228.3000 5TH DISTRICT EXTENSION 2371 December 12' 1972 Law Offices of Dolgin, Bully & Jameson A Professional Corporation P. 0. Box 1111 Martinez, California 94553 Gentlemen: Enclosed is a certified copy of the Board's order of this date denying the application to present a late claim on behalf of your client, Virginia C. Hastorf, which application was filed in this office on November 309 1972. Very truly yours, W. T. PAASCH, CLERK By Dorothy Lazzar= Deputy Clerk Enclosure cc: Pacific Indemnity 4341 Piedmont Avenue Oakland, CA 94611 In the Board of Supervisors of Contra Costa County, State of California December 12 19:7 In the Matter of Application for Leave to File a Late Claim. Virginia C. Hastorf, 1877 So. 6th Street, Concord, California, through Dolgin, Kully & Jameson, Attorneys at Law, P. O. Box 1111, Martinez, California having filed with this Board on November 30, 1972 application to file a late claim; NOW, THEREFORE, on motion of Supervisor J. P. Kenny, seconded by Supervisor J. E. Moriarty, IT IS BY THE BOARD ORDERED that said application 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, W. N. Boggess, E. A. Linscheid. 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: Claimant/Attorney Witness my hand and the Seal of the Board of County Administrator Supervisors Public Works (3) affixed this 12th day of December, 19 Probation Department W. T. PAASCH, Clerk County Counselgy-4Deputy Clerk Dorothy Lazzarini H24 7/72-15M ' J LAW OFFICES _ jCagom DOLGIN. KULLY & JAMESON A PROPffiBIONAL CORPORATION - 900 THOMPSON STREET P. O. Box CALIFORNIA ALIFO1 F I MARTINEZ. CALIFORNN IA 94853 LIEU TELEPHONE 228-2300 N16V :5e 1972 4 Attorneys for Claimant W. T. PAASCH CLERK BOARD OF SUPERVISORS ONT A COSTA CO. By eputy 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 Claim of VIRGINIA C. HASTORF, 11 Claimant, 12 vs. APPLICATION FOR LEAVE TO 13 THE COUNTY OF CONTRA COSTA, FILE A LATE CLAIM a political subdivision of 14 the State of California, 15 / 16 TO THE CLERK OF THE COUNTY OF CONTRA COSTA: 17 1. Application is hereby made for leave to present a 18 late claim founded on a cause of action for personal injuries 19 which accrued on or about December 2, 1971; and for which a claim. 20 was not presented within the 100 day period provided by Section 21 911.2 of the Government Code. For additional circumstances 22 relating to the cause of action reference is made to the proposed 23 claim attached to this application as Exhibit "B" and incorporated 24 herein by reference. 25 2. The reason that no claim was filed within the 100 26 day period is as follows: That claimant was injured in said -1- 1 accident of December 2, 1971 and has been under the continuous .2 care of a doctor ever since and still is partially disabled and 3 suffering from the effects of the injury; that after said accident 4 claimant was contacted by Chubb-Pacific Indemnity Company, the 5 insurers for the County; that on April 24, 1972 even after the 6 expiration of said period said insurer of the county sent to her a 7 post card, a true copy of which is attached hereto and marked 8 Exhibit "A"; that relying on said contact and on said post card 9 claimant believed the insurer would fairly compensate her for 10 her damages sustained; that at no time did claimant know that she 11 had to file a claim within 100 days of the happening of the 12 accident until approximately November 29, 1972 when she attempted 13 to negotiate for her damages with the insurer and said insurer 14 told her they were denying the claim because it was not filed 15 within the 100 day period provided by the Government Code; that 16 until then plaintiff consulted no attorney because she believed 17 she had one year within which to file a claim; that the claimant 18 first consulted an attorney on November 29, 1972; that this 19 application is filed within one year after the accident and within 20 a reasonabletime after the accrual of her cause of action; that 21 the County' s insurer at all times was aware of the happening of 22 the accident and is not prejudiced in any way by reason of the 23 date of filing. 24 WHEREFORE, it is respectfully requested that this 25 application and that the attached claim be received and acted 26 ---- _2 r 1 on in .accordance with applicable sections of the; Government .2 code. 3 Dated: November 30 ' 197 2 Dpwig KULLY & JANlESON 4- ! 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KULLY & JAMESON A PROM"IONAL CORPORATION SIM THOMPSO14 STREET 2 P.O.BOX list MAR'nINEZ.CALIFORNIA 84553 •3 TELEPHONE 228-2300 . 4 Attorneys for Claimant 5 6 • 7 $ IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA g IN AND FOR THE COUNTY OF CONTRA COSTA 10 Claim of VIRGINIA C. HASTORF, 11 Claimant, NOTICE OF CLAIM FOR 12 vs. PERSONAL INJURIES 13 THE COUNTY OF CONTRA COSTA, a political subdivision of 14 the State of California, 15 I 16 TO THE CLERK OF THE COUNTY OF CONTRA COSTA: 17 1. You are hereby notified that VIRGINIA C. HASTORF, 18 whose address is 1877 So. 6th Street, Concord, California,. ..-claims 19 damages from the County of Contra Costa in the amount computed as 20 of the date of presentation of this claim of $30,000.00 plus 21 medical and incidental expenses. 22 2. This claim is based on personal injuries sustained 23 by claimant on or about December 2, 1971 at or about Highway #4 24 approximately 1000 feet west of Highway #24 in the County of 25 Contra Costa; said injuries occurred when claimant was struck by 26 a vehicle owned by the County of Contra Costa and driven by Rodney EXHIBIT "B" 1 Doyle Raines, Jr., in the course of his employment. ' •2 3. The injuries sustained by claimant as of the date of 3 presentation of this claim are neck and spinal injuries. 4 4. Damages claimed to the date of this claim are 5 $30,000.00 plus medical and incidental expenses. 6 5. All notices or other communications with regard to 7 this claim should be sent to DOLGIN, KULLY & JAMESON, Attorneys, 8 at Law, P. 0. Box 1111, Martinez, California 94553. 9 Dated: November 30, 1972 10 DOLGIN, KULLY & JAMESON _A Professional Corporation 11 Attorney for Claimant 12 BY 13 AVID A. DOLGIN 14 15 16 - 17 18 19 20 21 22 23 24 25 26 -2 4 li IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Referrals to Board Administratiom and Finance December 5, 1972 Committee. The Board heretofore having made certain referrals to its Administration and Finance Committee f3upervisors J. E. Moriarty and W. N. Boggess) ; and Said committee having reported and recommended as follows with- respect to aforesaid referrals : Referral Date Item Recommendation 6-13-72 Report of W. A. O'Malley, Matter considered as a policy District Attorney, on item in compilation of current consumer fraud activities fiscal year budget and staffing and requesting additional determinations made for 1972�- personnel for said function. 1973 fiscal year. Review again during compilation of budget for 1973-1974 fiscal year. 6-13-72 Suggestion by Mr. Lenard Request has been superseded by Grote that county consider subsequent request made participating in Phase III officially by ABAG for $1,120 of ABAG Ocean Coastline contribution. toward Phase III Study and contribute as its of said study. Staff recom- share of local matching mendation on latter request funds a sum not to exceed will be submitted shortly. $39600. Remove this item as committee referral. y 8-15-72 Master agreement for pro- Request that County Welfare vision of transportation Director carefully evaluate services for certain public such services during term of assistance recipients to the agreement as a basis for recreational and learning recommendation to Board on experience programs. continuation in the future and, if so, on what nature and scope* 410-3-72 Request of F. Carmagnola, Disapprove request for payment. dba Frank's Market, that Contra Costa County practice on 161 county pay dishonored payment in such cases deter- welfare warrant in amount mined to be in line with pre- of $130. vailing practices of other counties and modification would result in a degree of county financial support of those cashing welfare warrants and could result in additional attempt to sash fraudulent welfare warrants. 10-30-72 Request of Aabmee Shrine County Counsel has advised Mounted Patrol for financial that financial contribution support ($1 007) and that it cannot legally be made; Clerk be permit ea to represent should so advise Aahmes Shrine Contra Costa County at 1973 Mounted Patrol. Tournament of Roses Parade in Pasadena. Referral Date Item Recommendation 11-8-72 Replacement of Obtain recommendation of Mr. David J. Levy as County Administrator and County County Hearing Officer. Counsel on plan and procedures to be utilised to carry on Hearing Officer function. The Board having considered said committee report and determined the recommendations to be appropriate; NOW.. THEREFORE, on motion of Supervisor Moriarty, seconded by Supervisor Boggess, IT IS BY TSE BOARD ORDERED that the aforesaid - recommendations of its Administration and Finance Committee are APPROVED. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, B. A. Linscheid. 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 (S E A L) this 5th day of December, 1972. W. T. PAASCH9 CLERK I By r w.. oure�tte nca d _i Deputy Clerk cc: Administrator District Attorney Public Works Director Planning Director Mr. L. Grote ABAG Welfare Director Auditor-Controller Mr. F. Carmagnola Aabmos Shrine Mounted Patrol County Counsel Personnel Director CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : JOSEPH MARIOTTI, M.D. and GRETCHEN W. MARIOTTI, his wife Address : 100 Tennent Avenue, Pinole, California Attorney: William F. Whiting, Esq., Watson & Hoffe, 3700 Barrett Ave. , Richmond, California 94805 Amount: $309000 7 Date Filed : November 22, 1972 By delivery to Clerk 11-22-72 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. 22, 1972 W. T. PAASCH, By&4Z4 Dorothf 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 : n ( ) Board may not act on claim until 1.5 days after: r� notice is given by this office;-_ ( ) Do not file claim, time limits have expired . We recom d referral to : ( County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: JOHN B . CLAUSEN, By --r { 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 5, 1972 (copy of Board Order also attached) . Please forward t is claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on December 7, 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED: December 7, 1972 W. T. PAASCH, By .Nancy nuc am, 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 . December 7, 19 72 -' DATED : Public Works , By DATED : December 7, 1972 County Counsel , By i I 1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Platter of Claim for Damages: JOSEPH MARIOTTI, M.D. and GRETCHEN W. MARIOTTI, his wife. } I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: Board Order of December 5, 1972 , together with NOTICE 0 n trie matter of CLAIM FOR DPMAGES filed by or on behalf of JOSEPH MARIOTTI, M.D. and GRETCHEN W. MARIOTTI, to the following: JOSEPH MARIOTTI, M.D. and GRETCHEN W. MARIOTTI, his wife c/o William F. Whiting, Esq. , Watson & Hoffe 3700 Barrett Avenue Richmond, California 94805 I declare under penalty of perjury that the foregoing is true and correct. Dated: December 7, 1972 , at Plartinez, California V V Dexty Cer FILE b DEC - 71972 ASCH CLERK RO ASCH OF SUPERVISORS CONT COST CO. Puty THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: JOSEPH MARIOTTI, M.D. and WETCHEN W. MARIOTTI, his wife c/o William F. Ubiting, Esq. , Watson & Hoffe 3700 Barrett Avenue Richmond, California 9 .805 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on November 22, 1972 was rejected by the Board of Supervisors of said county on December 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6• You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: December 7, 1972 W. T. PAASCH, CLERK By fps Mancty In&aham Deputy Clerk IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA December In the Matter of ) Claim for Damages. ) Joseph Mariotti, M.D. and Gretchen W. Mariotti, his wife, 100 Tennent Avenue, Finolep California, by and through William F. Whiting, Es Watson & Hoffe 700 Barrett Avenue Richmond California 94-60 having filed with this Board on November 2�,I972 claim for damages in the amount of $ 30,000 NOW, THEREFORE, on motion of Supervisor A. Me Dias seconded by Supervisor J. P. Benny , 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. Be Moriarty, W. N. Boggess, 8. A. Linscheid. 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 5th day of December , 1972 W. T. PAAS CH, CLERK Bye am Deputy Clerk cc: Claimant Public Works (3 ) Attention Mr. Broatch County Counsel County Administrator 1 FILED 22 1972a0 17 esu W. T. PAASCH CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. CLAIM FOR DAMAGES aPUtY TO: The County of Contra Costa, :State of California JOSEPH MARIOTTI, M.D. and GRETCHEN W. MARIOTTI, his wife, hereby make claim against the County of Contra Costa, State of California, in the sum of $30,000.00 and in support of said claim declare as follows: 1. The loss described herein occurred on- August 26, 1972. 2. Said loss occurred in the City of Pinole, County of Contra Costa, State of California. 3. Said loss occurred in the following manner: An em- ployee of the Contra Costa County Animal Control Center came upon claimants ' property at 100 Tennent Avenue, Pinole, California, on the date set forth above, and then and there shot with a lethal dose an anesthetic, thereby killing claimants ' purebred dog, "Briard.". The use of this anesthetic by the Animal Control Center was wanton, wilful and with full knowledge of its consequences. 4. The loss occasioned to claimants occurred because of the negligent and/or intentional conduct on the part of the County of Contra Costa in maintaining, allowing and permitting the use of the above-described anesthetic by its Animal Control officers. 5. The names of the public employees causing claimants ' loss under the above-described circumstances are not presently known to claimants. 6. The following is a list of the damages which comprise the loss sustained by claimants: Value of purebred dog including its value for breeding purposes----------------$15,000.00 Punitive and/or exemplary damages based upon intentional and wilful misconduct-----$15,000.00 Total---------------------$30,.000.00 1. WATSON & HOFFE ATTORNEYS AT LAW 3700 BARRETT AVENUE - WCHMOND,CALI"BNIA 64804 (4161 237-3700 7. The basis of the above computation as 'to general dam- ages includes not only the medical care and treatment rendered to the dog following being. shot, but also its value as a purebred which could reasonably be expected to produce approximately 10 litters of pups during its lifetime. 8. Send any and all notices and communications regarding this claim to William F. Whiting, Esq. , Watson & Hoffe, 3700 Barrett Avenue, Richmond, California., 9.4805; telephone: 237-3700. JO PH MARIOTT , M.D. 2. WATSON & HOFFE ATTORNEYS AT LAW 3700 BARRETT AVENUE - RICIMOND.CALIFORNIA"805 - (415) 237-3700 .. i BOARD OF SUPERVISORS; CONTRA COSTA COUNTY; CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim and ) F 1 L E D Application to Present Late ) Claim of Robert B. and Diane j i)�, �g�2 D. Darnell. W. T. PAASCH CLE R BOARD OF SUPERVISORS By� TC�^Deputy I declare under penalty of perjury that I am now, and at all times herein mentioned have been; a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California; postage fully prepaid, a pyxXIY Notice of Rejection by operation of law for each of the following matters : Claim of Robert B. and Diane D. Darnell; and Application to Present Late Claim of Robert B. and Diane D. Darnell acting for Scott McKenzie , at al. to the following: Eugenia MacGowan, Attorney at Law 256 Montgomery Street San Francisco, California 9410. (sent both in same envelope ) I declare under penalty of perjury that the foregoing is true and correct. Dated: December 1, 1972 , at Martinez, California . Qltf a, Deiu�y � erk �;r n BOARD OF SUPERVISORS,- CONTRA COSTA COUNTY; CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim and ) F 1 L E D Application to Present Late ) Claim of Robert B. and Diane ) DE: / 1972 D. Darnell. '`�" W. T. PAASCH CLER BOARD OF SUPERVISORS T CO. BY Deputy I declare under penalty of perjury that I am now, and at all times herein mentioned. have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid; a MU iXIMTxczf Notice of Rejection by operation of law for each of the following matters: Claim of Robert B. and Diane D. Darnell; and Application to Present Late Claim of Robert B. and Diane D. Darnell acting for Scott McKenzie, et al. to the following: Eugenia MacGowan, Attorney at Law 256 Montgomery Street San Francisco, California 94104 (sent both in same envelope ) I declare under penalty of perjury that the foregoing is true and. correct'. Dated: December .1,. 1972 , at Martinez, California:. f� Lit. . .. icaid, Deputy err r . .,.-- ' A � �Q. 1� r THE BOARD OF SUPERVISORS JAMES P, KENNY. RICHMOND EDMUND A. LINSCHEID IST DISTRICT CHAIRMAN ALFRED M. DIAS. SAN PASLO CONTRA COSTA COUNTY ALFRED M. DIAS 2ND DISTRICT VICE CHAIRMAN JAMES E. MORIARTY. LAFAYETT[ ADMINISTRATION BUILDINGROOM f0, W.T. PAASCH, couNTY CLERK , ]RD DISTRICT AND.EX OFFICIO CLERK OF THE SOARn WARREN N. BOOGESS, CONCORD P. O. BOX all MRS.GERALDINE RUSSELL 4TH DISTRICT CHIEF CLERK EDMUND A. LINSCHEID. PITTGOURG MARTINEZ, CALIFORNIA''94553 PHONE 229-3000 STN DISTRICT EXTENSION 2371 To: ROBERT B. and DIANE D. DARNELL c/o Eugenia MacGowan, Attorney at Law 256 Montgomery Street San Francisco, California 94101 . NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on October 17, 1972 was rejected by operation of law on December 1, 1972. WARNING Subject to certain exceptions , you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Govern- ment Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: December 1, 1972 W. T. PAASCH, CLERK By ls/ ours t to n ca d Deputy Clerk cc: County Counsel Pacific Indemnity Company 4341. Piedmont Avenue - Oakland, CA 94611 Attn: Mr. ,Dick Nachtsheim THE BOARD OF SUPERVISORS JAMES P. KENNY. RIcNMoNo EDMUND A_ LINSGHEID IST DISTRICT CHAIRMAN ALFRED M. DIAS. SAN PAOLO CONTRA COSTA COUNTY ALFRED M. DIAS 2ND DISTRICT VICE CHAIRMAN JAMES E. MORIARTY. LAFAYETT[ ADMINISTRATION BUILDING. ROOM-103 W T. PAASCH. COUNTY CLERK 3RD DISTRICT AND EX OFFICIO CLERK OF THE SOARO WARREN N. BOGGESS. CONCORD P. O. BOX 911, MRS.GERALDINE RUSSELL ATH DISTRICT CHIEF CLERK EDMUND A. LINSCHEID, PIT"BURG MARTINEZ, CALIFORNIA 94853 PHONE 228.3000 STH DISTRICT EXTENSION 2371 To: ROBERT B. and DIANE D. D.ARNELL acting for SCOTT MCKENZIE, at al. c/o Eugenia MacGowan , Attorney at Law 256 Montgomery Street San Francisco, California 94.104 NOTICE IS HEREBY GIVEN that the application to present late claim which you presented to the County of Contra Costa on October 17, 1972 was rejected by operation of law on December 1, 1972 • WARNING Subject to certain exceptions, you have only .six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 94.5.6• You may seek the advice of an attorney of your choice in connection with this matter . If you desire to consult an attorney, you should do so immediately. DATED: December 1, 1972 W. T. PAASCH, CLERK By s/ Lourette Kincaid Deputy Clerk cc: County Counsel Pacific Indemnity Company 4341 Piedmont Avenue Oakland, CA 94611 Attn: Mr. Dick Nachtsheim In the Board of Supervisors of Contra Costa County, State of California November 21 19 In the Matter of Claim and Application to Present Late Claim of Robert B. and Diane D. Darnell. This Board having received the following documents dated October 16, 1972: 1. Claim of Robert B. and Diane D. Darnell; 2 . Application to Present Late Claim of Robert B. -and Diane D. Darnell acting on behalf of Scott McKenzie, et al. ; and The aforesaid documents having been routinely transmitted to the Office of the County Counsel for recommendation as to appropriate course of action; and County Counsel having advised that Chubb/Pacific Indemnity Group (county general insurance carrier) has recommended that the 45-day time limit be allowed to expire on both the Claim and the Application to Present Late Claim, and that at the end of the 45 days the usual notices be sent by the County Clerk to the claimants pursuant to the Government Code; NOW, THEREFORE, on motion of Supervisor J. E. Moriarty, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the County Clerk is directed to give notice respecting said application and claim upon the expiration of 45 days after receipt. The foregoing order was passed by the following vote : AYES: Supervisors J. P. Kenny, J. E. Moriarty, W. N. Boggess, E. A. Linscheid . NOES: None. ABSENT: Supervisor A. M. Dias . 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: County Counsel Witness my hand and the Seal of the Board of Administrator Supervisors Public Works Director affixed this 21st day of November , i9 72 W. L PAASCH, Clerk By e 5=-�Deputy Clerk Lourette Kincaid H 24 7/72-ISM 1� 0 DEPUTIES: PAUL W. BAKER OFFICE OF COUNTY COUNSEL GERALD A. DECKER RICHARD A. BORTOLA=O CONTRA COSTA COUNTY MICHAEL D.FARR HOWARD T. GONSALVES COURT HOUSE,TOP FLOOR _ - JAMES A. KLINKNER' EDWARD V. LANE JR. JOHN B. CLAUSEN P.O. BOX es SILVANO MARCHESI COUNTY COUNSEL MARTINEZ, CALIFORNIA 94553 ARTHUR W.WALENTA.JR. GEORGE W. MCCLURE PHONE: (418) 228-9000 n - WILLIAM W. WARD III CHIEF DEPUTY )CA October 19, 1972 VICTOR J. WESTMAN Pacifiity Company REQ 43111 PAvenue GCT2`��1972 Oaklan461l W, T. PAASC14 BOARD OF SUPERVISORS CLERK NIRA COSTA CO. �puty Attn: n A. Bohman 6Y Assistant Claims Superintendent Re: 1. Application to Present Late Claim of Robert B. and Diane Darnell acting for Scott McKenzie, et al. 2. Claim of Robert B. and Diane Darnell Dear Mr. Bohman C Pursuant to our telephone conversation of October 19,1972, enclosed are copies of the above-referenced application and claim received by the Clerk of .the Board of Supervisors on O October 17, 1972, by mail postmarked October 16, 1972. Please review these matters and inform us of any recommendations you may have as to their handling prior to November 3 , 1972, so that this office can notify the claimants of any insuffi- ciencies in the claim (Govt. C. 5910.$) . Yours very truly, John B. Clausen County Counsel VjCAqAEL D. FARR By: Michael D. Farr Deputy County Counsel MDF:bw Enc. cc: County dministrator Att Frank Fernandez Pub c Works kttn: R. D. Broatch C erk of the Board of Supervisors Attn: Dorothy Lazzarini COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA To, Clerk of the Board of Supervisors Date: November 13, 1972 Attn: Dorothy Lazzarini From: John B. Clausen, County Counsel By: Michael D. Farr, Deputy County Counse/` (/ Re: 1. Application to present a late claim on Robert B. & Diane Darnell, acting for Scott McKenzie, et al. 2. Claim of Robert B. & Diane Darnell Pursuant to our telephone conversation of November 3, 1972 , attached are: (1) copy of a letter dated November 1, 1972 from Chubb/Pacific Indemnity Group; - and (2) the routing endorsements regarding the above matter. Please note that Pacific Indemnity advises that we allow the 45-da,V time limit to expire on the claim. That is also their recommendation as to the a2plication. We suggest that the claim an application be presented to t e Board of Supery sors toge er �RIU the recommen at ons of Paciffe Indemnity . If tff-e'-'BoFr-ZT Zletgrmlnes Eo r51157 ese recommendations it should take no f1nal ac on on the claim or e app cation but permit them en e y opera ono aw at the end of the 45-day per=o3. Upon expiration of the 45-day period, your usual notices should be sent to the claimant pursuant to Gov. Code §§911. 6, 911.8, 912 4, 913 and 915.4. Please contact this office if you have any questions . MDF/j cc : County Administrator Attn: Frank Fernandez Public Works Attn: R. C. Broatch Chubb/Pacific Indemnity Group , 4341 Piedmont Ave. , Oakland CA 94611 Attn: John Bohman X%X 1..� Y f-10V //1172 T. PAA�2H A4�RMf A�q,A�t3FlS€��+Nt9Aa8 - �8dttf CHUBB/PACIFIC INDEMNITY GROUP I! t" It•rlrllflnl Avom w. 0;ild iirrl C.alil 91611 Phone: (1115) 652-fi8J20 November 1, 1972 Contra Costa County Office of County Counsel Top ?Floor, Court House P._ 0. Box 69 Martinez, California 94553 Attention: Michael D. Farr, - Deputy County Counsel . Re : Application to Present Late Claim of Robert E. and, Diane Darnell acting for Scott McKenzie. Insured: Contra Costa County Policy No: 62*01 12 27 Date of Incident : October 16 , 1972 Dear Mike: This will confirm our telephone conversation in which we recommended that you allow the forty—five *day time limit to expire on this claim, We would then appreciate it if you would send the formal rejection letter to the claimant, advising him of the six months' warning Statute, etc. This will also confirm our request that you attempt to obtain the Welfare Department's file and any available records concerning this case =d forward them to our attention. Thank you for your assis— tance to the matter. Very truly yours , CHUBB/PACIFIC INDEMNITY GROUP By ,J hn Boh an �- 17-/�t9 i JB:mp �l OV i 1912 C.1JFiI" COV:.SEL 1AAM1114"t CALIF. CHUBB CORPORATION COMPANIES: Chubb a Son Inc. • Federal Insurance Company • Pacific indemnity Company Colonial Life Insurance Company of America*Vigilant Insurance Company•Great Northern Insurance Company Northwestern - _ A Pacific Indemnity Company•Texas Pacific Indemnity Company•Federal Business Products.Inc.*Macro Services Corporation. 01 APPLICATION TO PRESENT CLAIM UNDER SECTION 911.4 OF THE GOVERNMENT CODE . . . . CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimants Robert B. and Diane D. Darnell acting for Scott McKenzie, Richard McKenzie and Wendy McKenzie Address : 3578 Pearly Lane, Concord, California Attorney: Eugenia MacGowan, Attorney at Law, 256 Montgomery St. , San Francisco, Calif. 94104 Amount: $500,000 (as of date of presentation) Date Filed : October 17, 1972 By delivery to Clerk By mail , postmarked 10-1 —72 I . FROM: Clerk of Board of Supervisors TO: County Counsel ' s Office application and attached 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: October 17, 1972 W. T. PAASCH, By � Doroth Laz ini, Deputy II . FROM : County Counsel ' s Office TO: / Clerk of Board of Supervisors y 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 rec mend referral to : Np ( ) County ' s general insurance carrier; o e rtca ( ) Other insurance carrier; ,., ���� -2 ( ) County Counsel . DATED: 1.3 +� JOHN B . CLAUSEN, By 4ld 9flAl) 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 IN THE MATTER OF THE PROPOSED CLAIM OF SCOTT MCKENZIE, RICHARD MCKENZIE AND WENDY MCKENZIE AGAINST THE COUNTY OF CONTRA COSTA APPLICATION TO PRESENT CLAIM UNDER F I L E D BYCAION 911PERSON.4 OF ACTINGHINC=IMANTS 'CODE BEHALF O�t I ) W. T. PAASCH CLERK BOARD OF SUPERVISORS By .�C RA COSTA CO. i.. . _ Deputy TO THE BOARD ' OF SUPERVISORS OF THE COUNTY OF CONTRA I, EUGENIA MacGOWAN, attorney for Robert B. and Diane D. Darnell, persons acting on behalf of the claimants , apply for leave to present the claim under Government Code section 91114. The claim is founded on a cause of action for personal injury which resulted from an occurrence on October 16, 1971, and for subsequent occurrences from said date through June 16, 1972, damage resulting from said occurrences accruing from October 16, 1971, until the present date. The claim was not presented within 100 days from October 16, 1971, because the claim is based upon continuing wrongs and continuing damage. Another_ reason why the claim was not presented within 100 days from October 16, 1972, is that said claimants were subject to the custody and control of their natural mother Linda Rosenberg who failed and refused to bring said claim on behalf of said claimants . It was and has been the opinion of the undersigned attorney for Robert B. and Diane D. Darnell that said claimants could not prosecute a claim against the County of Contra Costa October 16, 1971, unless Robert B. Darnell and Diane D. -1- - Darnell could expect to be appointed guardians ad litem of said claimants . It was the undersigned attorney's professional opinion that an application for such appointment would have been fruitless . Although said claimants were returned to the custody of Robert B. and Diane D. Darnell on June 16, 1972, by the order of the Superior Court of Alameda County, no formal judgment has yet been entered in said action awarding legal custody of said claimants to Robert B. and Diane D. Darnell. Said attorney expects that a formal judgment will be entered within the next two or three weeks awarding legal custody of said claimants to Robert B. and Diane D. Darnell. At such time, said attorney will file a petition for appoint- ment of guardian ad litem of said claimants and requesting the court that said guardian be Robert B. and Diane D. Darnell. 1. For additional circuns tances relating to the cause of action, reference is made to the proposed claim attached to and incorporated as part of this application. 2 . The claimants and each of them were minors during all of the 100 day period specified by the Government Code, Section 911.2, for the presentation of this claim, and still are minors , and by reason of this disability failed to present a claim during that period. 3. I am presenting this application within a reasonable time after the accrual of this cause of action and the County of if any Contra Costa was not prejudiced by failuri/to present this -2- claim within the time specified by Government Code Section 911.2 . WHEREFORE, I respectfully request that my application be granted and that the attached proposed claim be received and acted upon in accordance with Government Code Section 912.4 and 912.6 . Dated; October 16, 1972 EUGEM MacGOVAN I, the undersigned say: I have read the foregoing application and know the contents thereof; and I certify that the same is true of my own knowledge, except as to the matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. I certify under penalty of perjury, that the foregoing is true and correct. Executed on October 16, 1972, at California . CLAIM FOR DAMAGES -TO THE BOARD. OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA: This claim is presented by Robert B. Darnell and Diane D. Darnell on behalf of Scott McKenzie, Richard McKenzie and Wendy McKenzie. The postoffice address of claimants is 3578 Pearly Lane, Concord, California, and all notices respecting this claim should be sent to their attorney, Eugenia MacGowan, Attorney at Law, 256 Montgomery Street, San Francisco, Cali- fornia 94104. The date and place of the transaction giving rise to this claim: October 16, 1971, and continuously thereafter until June 16, 1972, at Concord, California, and Oakland, California. On said day and at said place the below named public employees of the County of Contra Costa Social Services Depart- ment, Foster Placement Unit, wrongfully and without adequate cause, terminated the foster placement of Scott, Richard and Wendy McKenzie as foster children with their foster family Robert B. Darnell and Diane D. Darnell. Said public employees returned said claimants to their natural mother, Linda Rosenberg, and said claimants were unable to return to their foster family until June 16, 1972, when they were ordered to the custody of their foster family by the Superior Court' of the State of California in and for the County of Alameda. The termination of said placement, their return to Linda Rosenberg, subsequent acts of said public employees preventing claimants from returning to their foster family, and forcing said claimants to remain in -1- ' the custody of Linda Rosenberg caused claimants emotional trauma and damage and pain and suffering continously from October 16, 1971, until the date of this claim. The public employees causing said injury are; Shirley Brown, Kathryn Crossley, Sol Silverman, and other public employees of said county whose names are presently unknown to claimants. The amount claimed as a result of said transaction as of the date of the presentation of this claim is $500,000. This figure includes an estimated amount of prospective injury insofar as known at this time. Dated; October 16, 1972 Robert arne lane D. Darnell tt -2- t � PROOF41F SERVICE BY MAIL (C. C.P. 1013a, 2015.5) STATE OF CALIFORNIA COUNTY OF<,�,'.. I am a citizen of the United States and a resident of the county aforesaid; I am over the age of business eighteen years and riot a party to the within entitled action;my -sesjdauce address is: 7�1 091 On .00160-11-1............ o............. . /9ZI served the within �� � e`.�/11.??.. .. kee . .....�. s. ... ........ . .............................C�� ..:��t on the . . . .. ........ ....... in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States post office mail box atC„�� ?� ... addressed as follows: 00.,9AD Dated ��/...47� 1 certify (or declare), under penalty of perjury at the joregoi o is t a correc Date ..l.a.. ...7 .......................... ..... { (Signature) Proof of service by mail forms, being signe nde penalty of perjury, do not require notarization. iCowdery's Forth No.1045 —Proof of Service by Mail(California Action) Revised 10.70 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimants Robert B. Darnell and Diane D. Darnell Address : 3578 Pearly Lane, Concord, California Attorney: Eugenia McGowan, Attorney at Law, 256 Montgomery Street, ($13065 — attorney fees San Francisco, CA 94104 Amounts ( 1,181.39 — court costs -- plus unknown amount in future Date Filed : October 17, 1972 By delivery to Clerk By mail , postmarked 1-0---1-67- 2 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: Octob .r 12, 1972 W. T. PAASCH, By Doroth3F Laz ini, eputy 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: 9'4e t-ecdrnwzi1 { ✓) County ' s general insurance carrier; ( ;1 f44 Other insurance carrier; ( County Counsel . ref 1 ��- lc Aer DATED: 21, W), 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 CLAIM FOR DAMAGES TO THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA: This claim is presented by Robert B. Darnell and Diane D. Darnell. The postoffice address of claimants is 3578 Pearly Lane, Concord, California , and all notices respecting this claim should be sent to their attorney Eugenia MacGowan, Attorney at Law, 256 Montgomery Street, San Francisco, California 94104. The date and place of the transaction giving rise to, this claim are October 16, 1971, Concord, California . On said date at said place, the County of Contra Costa Social Services Department, Foster Placement Unit, wrongfully and without reasonable cause, terminated the foster placement , of .Scott, Richard and Wendy McKenzie as foster children in the licensed foster home of said claimants . The names of the public employees causing the damage to claimants are: Shirley Brown, Kathryn Crossley, Sol Silverman, and other public employees of said county whose names are presently unknown to claimants. At. said time and placeby said action and by other actions on October 17, 23 & 24, 1971,said public employees wrongfully, without adequate cause, in negligent disregard of the conse- quences of their action, with a wanton lack of concern o ,the consequences of their actions,without the consent of -1- J a, , claimants , terminated said foster placement and returned said children to their natural mother , Linda Rosenberg. Said were actions / taken with the knowledge that it was for the best interest of said children to continue living in the foster home of ,clamants and that it would be detrimental to said t children that the foster placement be terminated and that they be returned to Linda Rosenberg, Said public employees wrongfully and negligently failed to consider the facts set out in the foregoing sentence when said actionsof termination of said foster placement and return to Mrs . Rosenberg was made, Claimants were compelled by reason of the said actions by said public employees to bring an action in the Superior Court of the State of California in and for the County of Alameda 6 to compel return of said children to claimants. Claimants have become indebted to their attorney, Eugenia MacGowan, for prosecution of said action to date in the sum of $ 13,365.00. r, for attorney fees , and the sum of $ 1,181. 39 court costs incurred on behalf of claimants in prosecuting said action, commencing October , 1971, and continuing until the present time. Said children were returned to claimants on June 16, 1972, by the Superior Court of the State of California in and for the County of Alameda . A notice of appeal has been filed in said action and claimants t; anticipate that additional attorneys fees and court costs will be incurred in the future in an amount not now known to claimants . i Dated; October 16 , 1972 Diane D . Darnell _ Robert arne t ,•., -2- i ~' t FILED TLJ T /,7 i972 VJ. T. PAASCH CLAIM FOR DAMAGES CLERK [BOARD OF SUPERVISORS oSTA GO DY ri Yty TO THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA: This claim is presented by Robert B. Darnell and Diane D. Darnell on behalf of Scott McKenzie, Richard McKenzie and Wendy McKenzie. The postoffice address of claimants is 3578 Pearly Lane, Concord, California, and all notices respecting this claim should be sent to their attorney, Eugenia MacGowan, Attorney at Law, 256 Montgomery Street, San Francisco, Cali- fornia 94104. The date and place of the transaction giving rise to this claim: October 16, 1971, and continuously thereafter until ,Tune 16, 1972, at Concord, California, and Oakland, California . On said day and at said place the below named public employees of the County of Contra Costa Social Services Depart- went, Foster Placement Unit, wrongfully and without adequate cause, terminated the foster placement of Scott, Richard and Wendy McKenzie as foster children with their foster family Robert B. Darnell and Diane D. Darnell. Said public employees returned said claimants to their natural mother, Linda Rosenberg, and said claimants were unable to return to their foster family until June 16 , 1972 , when they were ordered to the custody of their foster family by the Superior Court of the State of California in and for the County of Alameda . The termination of said placement, their return to Linda Rosenberg, subsequent acts of said public employees preventing claimants from returning to their foster family, and forcing said claimants to remain in I the custody of Linda Rosenberg caused claimants emotional trauma and damage and pain and suffering continously from October 16, 1971, until the date of this claim. The public employees causing said injury are Shirley Brown, Kathryn Crossley, Sol Silverman, and other public employees of said county whose names are presently unknown to claimants. The amount claimed as a result of said transaction as of the date of the presentation of this claim is $500,000. This figure includes an estimated amount of prospective injury insofar as known at this time. Dated; October 16, 1972 o er Darnells27 i lane Darnell IFILED 3,T /� 1972 CLAIM FOR DAMAGES W. T. PAASCH CLE�SCARO F SUPERYIS0R8 S?-A �•� .J7P�tY TO THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA: This claim is presented by Robert B. Darnell and Diane D. Darnell. The postoffice address of claimants is 3578 Pearly Lane, Concord, California, and all notices respecting this claim should be sent to their attorney Eugenia MacGowan, Attorney at Law, 256 Montgomery Street, San Francisco, California ,94104. The date and place of the transaction giving rise to this claim are October 16, 1971, Concord, California . On said date at said place, the County of Contra Costa Social Services Department, Foster Placement Unit, wrongfully and without reasonable cause, terminated the foster placement of Scott, Richard and Wendy McKenzie as foster children in the licensed foster home of said claimants . The names of the public employees causing the damage to claimants are: Shirley Brown, Kathryn Crossley, Sol Silverman, and other public employees of said county whose names are presently unknown to claimants . At said time and place by said action- and. by other,- actions on October 17, 23 & 24, 1971,said public employees wrongfully, without adequate cause, in negligent disregard of the conse- quences of their action, with a wanton lack of concern of the consequences of their action.5, withoat the consent of -1- I claimants , terminated said foster placement and returned said children to their natural mother , Linda Rosenberg. Said were actions / taken with the knowledge that it was for the best interest of said children to continue living in the foster home of claimants and that it would be detrimental to said children that the foster placement be terminated and that they be returned to Vinda Rosenberg. Said public employees wrongfully and negligently failed to consider the facts set out in the foregoing sentence when said actionsof termination of said foster placement and return to Mrs . Rosenberg was made. Claimants were compelled by reason of the said actions by said public employees to bring an action in the Superior Court of the State of California in and for the County of Alameda to compel return of said children to claimants . Claimants have become indebted to their attorney, Eugenia MacGowan, for prosecution of said action to date in the sum of $ 13,365.00_ _ for attorney fees , and the sum of $ 1,181.39 court costs incurred on behalf of claimants in prosecuting said action, commenr-Ing 'Or--tober, 1971, and continuing until the present time. Said children were returned to claimants on June 16, 1972, by the Superior Court of the State of California in and for the County of Alameda . A notice of appeal has been filed in said action and claimants anticipate that additional attorneys fees and court costs will be incurred in the future in an amount not now known to claimants . C Dated; October 16, 1972 ti hov Diane Dar e11 o e Darnen -2- PROOF SERVICE BY MAIL (C. C. P. 1013a, 05.5) STATE OF CALIFORNIA COUNTY OF—.—.S . ...Y ... .................................. ss. 1 am a citizen of the United States and a resident of the county aforesaid; 1 am over the age of eighteen years and not a party to the within entitled action;my business address is: . s-i�...... �� ......... .. .............. ....�.5. y...: ,,� 1...... `lo..... On(.—.X41. 44......../... ................... . 19.2z3 I served the within i.. ... .:...�� .......................................................... on the ..all. ..... .... ........ in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States post office mailbox atc. �1 ......................... addressed as follolvs:-±--3cw4J1,b OF= SU Pe t2 v CSOAS C•311Tret.Cas 1)1- CV UA"1 t 1�bYr►t�is7�wTiati 6(fif-bji/G.r M)I-rZ 'i't�F--Z Gam, Dated at--:(IT.2!>1Gd�/.—.. certify (or declare), under penalty of perjury that the foregoing is co Date ..,1ie' ......................................... . . .... .. .. .. ................. (Signature) Proof of service by mail forms, being sign unde penalty of perjury, do not require notarization. Cowdery's Form No.1045 —Proof of Service by Mail(California Action) Revised 10-70 f PROOF O&ER VICE BY MAIL (C. C.P. 1013a, .5) STATE OF CALIFORNIA COUNTY 0 /.2Gr.`4��... ss. 1 am a citizen of the United States and a resident of the county aforesaid; 1 am over the age of eighteen years and not a party to the within entitled action;my business address is: ... . . .... ........ . .. ........ On ,��. . . ... .....,l.�............. . .... , I served the within .�.[.�.�� . ...... . ... ................... on the .. .. ............ ......... in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United Slates post office mail box . ..��..1 addressed as follows: �J7 Dated ai / �-�/.. I ce tify (or declare), under penalty of perjury t the foregoing is tru a orrec Date ... .`��G?�.. ........................... .... .. ........... (Signature) Proof of service by mail forms, being signed u er enalty of perjury, do not require notarization. Cowdery's Form No.1045 —Proof of Service by Mad(California Action) Revised 10.70 t~ t � z dob _ o► .rVtoe) rN�c000l - ' -' ro) co 3 •m' IT .,.. RA S_ ,t In the Board of Supervisors of - Contra Costa County, State of California November 21 19 72 In the Matter of Notice addressed to Doctors Association IV et al. , requesting that work be stopped on certain construction project in connection with Conditional Land Use Permit No, 18-72, Walnut Creek area, 10 received a Notice dated November This Board having , 1972 from Harry J. Lohstroh, Counselor at Law, 1666 Newell Avenue, Walnut Creek, California, presented on behalf of Don and Janet Clinkenbeard et al. , asserting that construction being done in con- nection with Conditional Land Use Permit No. 18-729 Walnut Creek area, is in violation of the law and requesting that work thereon be stopped; 4 a On motion of Supervisor J. E. Moriarty, seconded by Super- visor J. P. Kenny, IT IS BY THE BOARD ORDERED that said Notice is REFERRED to the County Counsel and the County Planning Director. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: Supervisor A. M. Dias. 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. Mr. Lohstroh Witness my hand and the Seal of the Board of cc: County Counsel County Planning Director Supervisors Building Inspection affixed this 21st day of November, 19 72 County Administrator W. T. PAASCH, Clerk By Deputy Clerk Dorot y La acini Hoa 4/72 1O HARRY J. LOH*OH' COUNSELOR AT LAW 1665 Newell Avenue Walnut Creek, California 94596 Telephones 939-1800 NOTICE RECEIVED To: . Doctors Association IV MOV 111972 c% Arthur rjanzig,, M.D. W. T. P A A S C H 2021 Ygnacio valley Road CLERK BOAR OF SUPERVISOM Walnut' Creek, California 94598 MT Cosr � uer Professional Buildings, Inc, 280 Buchanan Field Road Concord', California Board of Supervisors ' Contra Costa County Administration Building Martinez, California 94553 Rea Conditional rise Permit #18-72 AssessorsParcel #142--40-02 Doctors Assn IV , You are hereby placed on notice that the pro ecrt .referred to herein is in violation::of law. and,that- Work;MUst;;r 'be stopped forthwith. The violations*' 'inter ilia, are. as follows-. 1. The of the hearing. where the. applica tion for conditional use permit was heard was not posted pursuant to Contra costa County ordinance section -2203.1.5 and California ()Ovler=ent Code ; sections 65905 and 65854. 2. The published notice did `not. specify the variances _,requested, or; required by California Govern- ment Code, Section 65854. 3. The Conditional Use Permit granted violates California Government Code, Section 65906. i 4. The project is in`violation of Condition 41 of the Conditional Use Perm4t in that . it iso not beteg con- structed according to the plana submitted to the Plann .ag Depazhttaent and approved.by The Board of'Adjustment. §. Tha buf3.d#ng:;permit war, issued;Qc ob, , �7,,_ _1972`. . and no envj ronment' report- study was made, as required by , Fr.ime" of Mammoth w. . YOf su 'r. of MOWCo+ , 104 C, 16- (1972) . 6. The parcel of 1$ztd on `which the Co3ditca . IIae Permit was granted was, improperly zoned A ,2. in. that, the requirement of contra Costa county Ordinance,' Section 8156(d) was ;not ret. You are.zeap �tfv l ;<xequesed -to. tom?. waxy on a1�i . project imediateiy or�`suit; wih be filed: I Dated3 Noveimber `10 1372 JVUH ROH Attorney fo °Goorge and eraldine Wirth, James and Acarian Goggin, , Don And Janet Clinkenbearc3, and -James and. Virgin3a .Kroh . 4E f. H cn tali -• ;fir. a � Eto 0 AJ U) :> 0� � yt U 0 r-t 41 U s Nn{ O N © i O CO O �t tv'rtt M N c� • CXR H H � � U � A d s pHl,H O ° U a a � d O< dW .� J ut U m a.Z mj d:3 and To 3 CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: ROBERT YACOVETTI Address : 3146 Groom Drive, Richmond, California 94806 Attorney: Amount: $500 Date Filed : November 14, 1972 By delivery to Clerk by claimant 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: November 14, 1972 W. T. PAASCH, By ' Dorot Laz ini, Deputy II . FROM: County Counsel ' s Office TO. :/ Clerk of Board of Supervisors y 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 reco mend referral to : ( :-� County' s general insurance carrier; ( Other insurance carrier; ( County Counsel . DATED: 1� s ) JOHN B . CLAUSEN, By eputy 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 27, 1972 (copy of Board Order also attached ) . P- ease forward this- claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on November 29, 1972, and memo thereof filed and endorsed on claim, per Government Code Section 29703. DATED : Nov. 29, 1972 W . T. PAASCH, By ��C' Dorothy Lazz r ni,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. 29, 1972 Public Works , By DATED: Nov. 29, 1972 County Counsel , 77- 4(,- 2 6.19 5/r'A(' r� �f h�'C S rlr?.� f/ f �'.CF4�iv( I,`< — ( d11 11T( Otr �drY7,C'/t l OSr4 �d LL�cuj�j � lfccf -oelvr 10 cc 'c°'.�''. 44 lGU/g 5 S ale �r.rtJ � C�'�G bi► Ty Xlo ` e5di'G %5 5 f ac, 7-e,< F I LED NYV J.� 1972 W. T. PAASPE fes', CLERK BOARD OF SUPERVISORS C RA LOVA CO. By Deputy 63fe THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room. 103 P. 0. Box 911 Martinez, California To: ROBERT J• YACOV TTI 3146 Groom Drive Richmond, California 94806 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on November 149 1972 was rejected by the Board of Supervisors of said county on November 27, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should doso immediately. DATED: November 299 1972 W. T. PAASCH, CLERK By Deputy Clerk cc: Pacific Indemnity Co. 4341 Piedmont Ave. Oakland$ CA 94611 Attns Xr, Dick Nachtsheim BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the clatter of Claim for Damages: ROBERT J. YACOVETTI I declare under penalty of perjury that .1I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I depositedin the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: Board Order of November 27, 1972 together with NOTICE On the matter of CLAITA FOR DAt7AGES filed by or on behalf of ROBERT J. YACOVETTI to the following: Mr. Robert J. Yacovetti 311.6 Groom Drive Richmond, California 91+806 I declare under penalty of perjury that' the foregoing is true and correct. Dated: _November 29, 1972_ , at Martinezq California orothy Laarini; Deputy Clerk FILEU 9, 1972 W. T. PAASCH CLERK BOAD OF SUPERVISORS A COSTA CO. By Deputy IN THE BOARD OF SUPERVISORS f: OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA November 27 .197!2 In the Matter of ) Claim for Damages. ) ) Robert J. Yacovetti; 3146 Groom Drive, Richmond. California having filed with this Board on November 14, 1972 , claim for damages in the amount of $500 s 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. E. Moriarty, W. N. Boggess, E. A. Linscheid.. 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 27th day of November- 197L--. ovember1972 . W. T. PAASCH, CLERK By n. G�.2v1-w Doroth6Y.1azzgeini Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator Agricultural Commissioner CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: JACQUELYN D. BROC19,AN Address : 2571 MacArthur Avenue, San Pablo, California Attorney: KNOX & HERRON, Attorneys at Law, 2566 Macdonald Avenue, Richmond, California 9804 Amount: $5O,000, plus special damages Date Filed : October 31, 1972 By delivery to Clerk By mail , postmarked 10-30-72 (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: October _ 1Q7� W . T. PAASCH, By?aEi DATED: Dorothy IFLazz4vFini, 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 Section ( 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 recopmnd referral to: County ' s general insurance carrier; ( } Other insurance carrier; ( ) County Counsel . DATED: /fir l� r��, 1479-- JOHN B . CLAUSEN, By —2/k' �6 De ut ITI . 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 >>vve�mm 2 2 (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 Npvember 22, 1972, and memo thereof filed and endorsed on claim, per Government Code Section 9703 . DATED : November 22, 1972 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 : Nov. 22,E 1972 Public Works , By 1G��-< DATED: Nov. 22, 1972 County Counsel , By Z7(_"jLL Z , BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for Damages: MS. JACQUELYN D. BROCKMAN I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of :the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: Board Order of November 2__1 2Z2 i3 together with NOTICE 7�inxthle matter of CLA114 FOR DA-ZAGES filed by or on behalf of Ms. Jac uel D. Brockman to the folloi ing: MS. JACQUELYN D. BROCKMAN C/o KNOX & HERRON, Attorneys at Law 2566 Macdonald Avenue Richmond, California 91804 I- declare under penalty of perjury that the foregoing is true and correct. ` Dated: November 22, 1972 , at Martinez, California rr. .nwrr�.rrr�r.��rr r riri�rrrrrwr � rw l Dorothy La2bftrinifef Deputy fferE , . FILED wiv22, 1972 W. T. PAASCH CLERK 8 RD Or SUPERVISORS RA C%TA CO. By - -- Deputy i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Boa 911 Martinez, California To: .14S. JACQUELYN D, BROCKMAN c1a KNOX & HERRON# Attorneys at Law 2566 Macdonald Avenue Ridmad, California 94804 NOTICE IS HEREBY GIVEN that the claim Which you presented to the County of Contra Costa on !Cotte 319 19' 2 was rejected by the Board of Supervisors of said county on November 21,E 1972 z WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: November 22t 1972 W. T. PAASCH, CLERK By Deputy Clerk cc: ftcuic Iadannity COMPU7 4341 Pied .t Avenue dakund, California 94611 Attar Mr# Dick Nachtsheis IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUXTY, STATE OF CALIFORNIA November 21 197^ In the Matter of ) Claim for Damages. ) Ms. Jacquelyn D. Brockman, 2571 MacArthur Avenue, San Pablo. California, by and through Knox & Herron. Attorneys at Law. 2566 Macdonald Avenue, Richmond, California having filed with this Board on October 31 , 197 2 , claim for damages in the amount of $ 50.000, plus special damages 3 NOW, THEREFORE, on motion of Supervisor J. P. Kenny______,. seconded by Supervisor W. N. Boggess , 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, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: Supervisor A. M. Dias. 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 21st day of November , 197-9-- W. 972 •W. T. PAASCH, CLERK By/tJ r Dorot Lazzarini Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator LAW OFFICES OF JOHN T. KNOX KNOX & HERRON TELEPHONE E. PATRICIA HERRON - 2566 MACDONALD AVENUE 237-MOO LEIF H.JENSSEN RICHMOND.CALIFORNIA 94804 October 30, 1972 L��A A/� 1�► nsT 197 rr�I 1r, PdAF�C14 'Clerk, Board of Supervisors V Contra Costa County P. 0. Box 911 Martinez, California 94553 Re: Claim of Jacquelyn D. Brockman Sirs: Enclosed herewith is the original and one copy of a Claim against the County of Contra Costa on behalf of Ms. Jacquelyn D. Brockman. Will you please return to us an acknowledged copy of this claim for our file. Thank you for your cooperation in this matter. , Very truly yours, KNOXE RON I,eif H. J ssen LHJ:la Enclosures CERTIFIED=-RETURN RECEIPT REQUESTED CLAIM AGAINST THE COUNTY OF CONTRA COSTA JACQUELYN D. BROCKMAN presents a claim against the County of Contra Costa, State of California (West. Contra Costa Hosp tal.District) in the sum of FIFTY THOUSAND AND N0/100 DOLLARS ($50,000.00;). plus special damages. Claimant directs that all notices in connection with this Claim be sent to claimant in care of KNOX & HERRON, Attorneys at Law, 2566 Macdonald Avenue, Richmond, California 94804. CLAIMANT'S ADDRESS: 2571 MacArthur Avenue San Pablo, California PLACE OF OCCURRENCE: Brookside Hospital 2000 Vale Road San Pablo, California DATE OF OCCURRENCE: August 28, 1972 approximately 6:40 a.m. SAID CLAIM ARISES FROM THE FOLLOWING CIRCUMSTANCES : On or about August 28, 1972, claimant was an in-patient in Room 409 at Brookside Hospital, San Pablo, California. On the above date, claimant slipped and fell on said premises . ITEMS, NATURE AND EXTENT OF DAMAGES OR INJURIES: Severe injury to head, back and extremities. Concussion, loss of consciousness, multiple contusions, intense pain and suffering, shock to nervous system. Claimant now under treatment for above injuries. Special Damages Have not finally been determined ' Dated this 30th day of October, 1972 . KNO & HE ON Y 10A LEIF H JENSSEN Receipt of the above claim is hereby acknowledged on this day of , 1972 COUNTY OF CONTRA COSTA By -�� Clerk of the Board oF Supervisors F. I LED a c T 3 131972 W. T. PAASCH CLERX 9"Ack 8F Supfayqaft C R�CC.�TA, Cr4 Sr EMnWdP i 1 i`4gin- I 5 i I i i f l s - MM�M`N"ti..".een-iaw�' ""..•. f"�,KyC'r'•w LAW OFFICES OF KNQX Z& HERRON �? =:t€ :'I.O i"+ ` aeee MACDONALD AVENUE —P M � t 1972 RICHMOND. CALIFORNIA 04804 _ Clerk, Board of Supervisors � " �� ;i z, ; •. _ Contra Costa County a3�.a � a P. o. Box 911 N8 Martinez, California 94553 CERTIFIED-RETURN RECEIPT REPUESTED .a Y NOTICE OF INSUFFICIENCY To: JACQUELYN D. BROCKMAN c/o Knox & Herron 2566 Macdonald Avenue Richmond CA 94804 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 g Code Sections 910 and 910 .2 or, is otherwise insufficient for the reasons checked below. i �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 not signed by the claimant or by some person on his behalf. 9. Other: JOHN B. CLA US EN, C unty ounsel vDa'puty County Counsel Michael D. Farr CERTIFICATE OF SERVICE BY MAIL (C.C.P. §11012, 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: November 1 . 1972 , at Martinez, California. i IVIDF:mk cc: l---Clerk of Board of Supervisors (original) Public Works Department CC-33 : 250 :1/72 (Notice of Insufficiency of Claim; Govt .C. §§910, 910.2, 910. 4, 910.8) *6ounty Administrator To Attn: Mr. Fernandez DATE'—November 16, 1972 FROM Clerk of the Board SUBJECT Claim for $1&5 from Mr. Frank Jeffries. Pursuant to our telephone conversation, + I am transmitting the attached claim to your office for appropriate action. t SIGNED Lourette Kincaid, DMuty PLEASE REPLY HERE 7O DATE SIGNED INSTRUCTIONS — FILL IN TOP:PORTION+:REMOVE DUPLICATE (YELLOW) AND FORe WARD'REMAINING PARTS WITH CARBONS', TO`REPLY;FILLIN LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE (PINK) AND RETURN ORIGINAL. ronM M103 2 a 1 t 1 FILED ;,►_; ; 1972 W. T. PAASCH 1 OF SUPERVISORS CLCJ l!0 Ge ii Ztt L!uaDtputy a r Ci) t ..��,,�-''��►'i�... f't�-•moi--'"(� i In the Board of Supervisors of Contra Costa County, State of California T November 14 lg 72 In the Matter of Complaint with Respect to Development of Subdivision 3987 , Lafayette Area. This Board on November 8 , 1972 having referred to the Public Works Director, Chief Engineer of the Contra Costa County Flood Control and Water Conservation District and the County Counsel a communication received by Supervisor J. E. Moriarty from Attorney Barry M. Gallagher on behalf. of Mr. and Mrs . Michael Bell , 3138 Diablo View Road, Lafayette with respect to storm water damages to their property allegedly caused in connection with the development of Subdivision 3987 , Lafayette area; and Supervisor Moriarty this day having advised the Board that he had received a second communication dated November 7 , 1972 from Attorney Gallagher requesting that he be advised of the action taken concerning his first communication; On motion of Supervisor Moriarty, seconded by Supervisor A. M. Dias , IT IS BY THE BOARD ORDERED that the second communication is referred to County Counsel. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias , J. E. Moriarty, W. N. Boggess , E. A. Linscheid. 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 cc: Mr. Gallagher Supervisors Mr. and Mrs . Bell affixed this 14th day of November, 1972 County Counsel W. T. PAASCH, Clerk Public Works Director Flood Control District By Deputy Clerk County Administrator lYbrotA. Harkness H 24 7/72-15M i LAW OFFICES .i MILLER, STARK & REGALIA EDMUND L.REGALIA MARVIN S.STARR ORDWAY BUILDING-KAISER CENTER HARRY D. MILLER 2150 VALDEZ STREET, 16Th FLOOR JAMES E.BURDEN KARL E.OROESE,JR. OAKLAND,CALIFORNIA 94612 - BURCH FITZPATRICK LUANA S.MILLER TELEPHONE(415) 465-3800 - Or cOUNSCL RICHARD WESLEY JOHNSON ROBERT A.BELZER ' KENNETH M.MILLER November 7, 1972 DAVID M.VAN ATTA BARRY M.GALLAGHER James E. Moriarty, Supervisor District 3 b` six 0i U 0 197 County of Contra Costa 3445 Golden Gate Way, Office E Lafayette, California Re : Subdivision 3987 Dear Mr. Moriarty: I enclose a copy of my letter dated October 20, 1972, and addressed to the Board of Supervisors , County of Contra Costa, with reference to subdivision 3987 and the problems which Mr. and Mrs . Michael Bell, of 3138 Diablo View Road, Lafayette, California, have experienced by reason of the County's approval of the tentative and final subdivision maps of the subdivision. a From discussions with Mr, and Mrs . Bell, it is my understanding that these problems , as they affect Mr, and Mrs . Bell, have been brought to your attention. It is my under- standing that although the Be1Ts property does not fall within your district, you have taken an active involvement with regard to these problems . Please advise of the action, if any, to be taken by the Board of Supervisors for the County of Contra Costa with respect to my letter dated October 20, 1972. Your prompt reply to this request is appreciated. N Very truly yours , MILLER, STARK & REGALIA Barry M. Gallag r BMG:cab Enclosure `s1 cc : Mr, and Mrs . Michael Bell W. T. P A A S C H /� �i► d ./ CLERK BOARD OF SUPERVISORS ---:flf : �►4')r•GGrrC.i ..Li rtl.Cif By CO TR OSTA CO. -. Ocputy October 20, 1:372 Board of Suvervisors County of Contra Costa 3445 Golden Gate Way Lafayette, California RE: Subdivision 3987 Gentlemen: The undersigned firm of attorneys has been retained - by Mr. and Mrs. Michael Bell of '3138 Diablo View Road, Lafayette, California, to proceed with legal action seeking a permanent injunction and money damages for injuries suffered to their real property which adjoins that subdivision, No. 3987, for which the County of Contra Costa has accepted and approved tentative and final subdivision maps. Mr. and Mrs. Bell are particularly concerned with the alterations of the natural water course by reason of the develop- meet, construction and creation of subdivision 3987 which adjoins the real property upon which Mr. and Mrs. Bell maintain their residence. Of special interest is the 24 inch drain culvert which is a part of subdivision_ 3987 and which permits the discharge of accumulated storm waters directly into and upon that real property owned by Mr. and Bell with increased force and in a form far different from that which prevailed under natural conditions existing prior to acceptance by the Planning Commission for the County of Contra Costa of these tentative and final subdivision maps and subsequent construction of subdivibion 3987. ±L� fY •, Board of Supervisors October: 20, 1972 Page 2 Mr. and Mrs. Bell have repeatedly complained to the Flood Control and Water Conservation District, the Contra Costa County Planning Department, the Contra Costa County Public Works Department, and the various individuals employed by the County of Contra Costa who are involved in the approval of the subdivision. Of particular interest are complaints by Mr. and Mrs. Bell to 1-1r. T. E. Burlingame of the Flood Control and Water Conservation District of the County of Contra Costa who, while acknowledging a serious problem, has not seen fit to bring this matter to your attention nor to the attention of the various agency heads who possess su.ff;cicnt pc-ver to obtain correction of this problem. To date, the only offer to correct this drainage problem has come in the form of a letter dated September- 25, 1972, signed by Mr. Todd W. Lockwood on behalf of Lockwood Construction, Inc. In that letter, Mr. Lockwood suggests installation of an off-site (on real property owned by Mr. and Mrs. Bell) earth ditch which, for obvious reasons, is not agreeable to Mr. and Mrs. Bell. Repeated requests by Mr. and Mrs. Bell to the owners and developers of the subdivision have been to no avail with the exception of the proposed off-site earth ditch. Therefore, this office has filed on behalf of N.r. and Mrs. Bell a complaint, action No. 133483, seeking a permanent injunction enjoining the owners and developers, and their agents, from discharging or permitting the discharge of any water into drain pipes on the subject subdivision aajoining Mr. and firs. Bell's real property so as to allow such water to exit drain:: pipes on the subject subdivision and flow onto and across Mr. and Pars. Bell' s property. The complain also seeks compensatory and exemplary damages in excess of $600,000 for intentional infliction of emotional distress on Mr. and Mrs. Bell, deliberate acts of trespass resulting from large amounts of water being discharged and flushed through the drain system on the subject subdivision which exited the drain pipes and flowed onto and across Mr. and Mrs. Bell' s property so . as to prevent their use and enjoyment of their property. Board of Supervisors October 20, 1972 l Page 3 1 It is my understanding that formal dedication of the streets and drain system within the subject subdivision has not yet been accepted by the County of Contra Costa and Mr. and 1,i-s. Bell hereby -request that the Board of Supervisors for the County of Contra Costa not accept formal dedication of � the streets and drains within the subject subdivision until such time ._gas this drainage problem and interference with the natural water course has been corrected. Should the Co,.u:ty of Centra Costa proceed to accept final dedication of the streets and drains within the subject subdivision, i have advised Mr. and Mrs. Bell that they will have little recourse but to aroceed with the filing of an action against the County of Contra Costa alleging inverse condemnation by the County of Contra Costa-, It is further requested that the undersigned be pe=itted an opportunity to appear before the Board of Super- visors for the County of Contra Costa at any hearing involving consideration by the Board of Supervisors regarding formal acceptance of the dedication of the subject subdivision. Mr. and Mrs. Bell further request that the Board of Supervisors for the County of Contra Costa take action to correct this obvious injury to them and their real property as soon as possible. Very truly yours, - MILLER, STARR & REGALIA. Barry M. Gallagher BMG:lkd': • ec: - Mx. Michael Bell PLEASE FURNISH SERVICE(S) INDICATED gY CHECKED BLOCK(S). REQUIRED FEE(S) PAID. Show to whom, date and address Deliver ONLY where delivered ❑ to addressee RECEIPT _ Reccired the r:umbered article described below. REE,S_1'EP.ED t10. SIGNATURE OR NA;SE OF ADDF.:SSEE(t&j. a!uJ�t 6:filled in) C RIIrIED H0. 1 � SIGNATURE OF ADDRESSEE'S AGEI4,IF AN ' 33 IIISURED NO. , T. DATE DELIVERED SHOW WHERE DELIVERED(enly if rrgrrrta;}Y _ f i 3 I ' _ s In the Board of Supervisors of Contra Costa County, State of California November 8 19'x,. In the Matter of Complaint filed with respect to development of Subdivision No . 3987, Lafayette area. Supervisor J. E. Moriarty having presented to this Board an October 20, 1972 communication from Mr. Barry M. Gallagher, an attorney with the law firm of Miller, Starr & Regalia, Oakland, on behalf of Mr . and Mrs . Michael Bell, 3138 Diablo View Road, Lafayette, with respect to storm water damages to their property allegedly caused in connection with development of Subdivision No. 3987, Lafayette area; and Mr. Gallagher having advised that a complaint (Superior Court Action No. 133483) has been filed seeking a permanent injunction enjoining the owners and developers and their agents from discharging or permitting the discharge of any water into drain pipes on the subject subdivision which drains flow onto and across the property of the Bells until drainage problems have been resolved and further advising that said complaint also seeks compensatory and exemplary damages in excess of $600,000 for personal injuries and property damage; and On motion of Supervisor J. P. Kenny, seconded by Supervisor A. M. Dias , IT IS BY THE BOARD ORDERED that aforesaid communication is REFERRED to the Public Works Director, Chief Engineer of the Contra Costa County Flood Control and Water Conservation District and the County Counsel. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linscheid. NOES : None. ABSENT: Supervisor W. N. Bogkess. I hereby certify that the foregoing is a true and correct copy of on order entered on the minutes of said Board of Supervisors on the date aforesaid. cc• Mr . Gallagher Witness my hand and the Seal of the Board of Mr . and Mrs . Bell Supervisors Public Works Director affixed this 8th day of November , ig 72 Flood Control District W. T. PAASCH, Clerk County Counsel By Deputy Clerk Administrator Lourette Kincaid H 24 7/72-15M TO Dublin WorkgDiDATE October26, 1972 FROM Clerk of the Board SUBJECT Subdivision 3987 Attached is a copy of a letter received in our office today concerning Subdivision 3987• There has been a Superior Court Action (133483) filed on behalf of Mr. and Mrs. Bell regarding this matter. We call your particular attention to the last paragraph of the letter. cc: County Counsel SIGNED Aulene Joseph PLEASE REPLY HERE TO DATE SIGNED INSTRUCTIONS- FILL IN TOP PORTION. REMOVE DUPLICATE(YELLOW) AND FOR- WARD REMAINING PARTS WITH CARBONS. TO REPLY. FILL IN LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE(PINK) AND RETURN ORIGINAL. FORMM103 LAW OFFICES MILLER, STARK & REGALIA EOMUNO L.REGALIA MARVIN B.STARR M OROWAY BUILOING-KAISER CENTER i t' HARRY O.MILLER 2160 VALOC2 STREET,IBtw FLOOR JAMES C.BURDEN KARL E.OROCSE.JR. OAKLAND.CALIFORNIA 94612 1 i BURCH FITZPATRICK LUANA S.MILLER TCLEPHONE(416) 466'9000 or 000N691. t •�.RICHARD WESLEY JOHNSON ROBERT A.BELZER KENNETH M.MILLER October'20, 1972 4v. i01/.i - ". .t• .. DAVID M.VAN ATT^ - BARRYM.OALLAGHER Board of Supervisors �---- County of Contra Costa 3445 Golden Gate Way Lafayette, California RE: Subdivision 3987 Gentlemen: - The undersigned firm of attorneys has been retained _ by Mr. and Mrs Michael el of 3138 Diablo View Road, Lafayette, California, to proceed with legal action seeking a Permanent inunction and money damages for injuries suffered to their real - property which adjoins that subdivision. -No. 398.7, for which the County of Contra Costa has accepted and approved tentative and_ final subdivision maps. Mr. and Mrs. Bell are particularly concerned with the alterations of the natural water course by reason of the develop- ment, construction and creation ot su ivision 3357 wnicn adjoins the real property u on which Mr. and Mrs. Bell maintain their .-residence. Of special interest is the -24 the-24inch drain culvert which is a part of subdivision 3987 and which permits the discharge of accumulated storm waters directly info and upon that real nro'Derty owned by Mr. and BelI—with increased force and in a form ar different from that which prevailed under natural conditions existing prior to acceptance by the Planning Commission for the"" County of Contra Costa of these tentative and final subdivision maps and subsequent construction of subdivision 3987. / RXni LVED �� T 91972 W.W. T. PAASCH CLERK BOARD OF SUPERVISORS AGO �! iC TR OSTA G . j Board of Supervisors October 20, 1972 Page 2 Mr. and Mrs. Bell have repeatedly complained to the Flood Control and Water Conservation District, the Contra Costa County Planning Department, the Contra Costa County Public Works Department, and the various individuals employed by the County of Contra Costa who are involved in the approval of the subdivision. Of particular interest are complaints by Mr. and Mrs. Bell to Mr. T. E. Burlingame of the Flood Control and Water Conservation District of the County of Contra Costa who, while acknowledging a serious problem, has not seen fit to bring this matter to your attention nor to the attention of the various agency heads who possess sufficient power to obtain correction of this problem. To date, the only offer to correct this drainage problem has come in the form of a letter dated September 25, 1972, signed by Mr. Todd W. Lockwood on behalf of Lockwood Construction, Inc. In that letter, Mr. Lockwood suggests installation of an off-site (on real property owned by Mr. and Mrs. Bell) earth ditch which, for obvious reasons, is not agreeable to Mr. and Mrs. Bell. Repeated requests by Mr. and Mrs. Bell to the owners and developers of the subdivision have been to no avail with the exception of the proposed off-site earth ditch. Therefore, this office has filed on behalf of Mr. and Mrs. Bell a complaint, action No. 133483, seeking a permanent injunction enjoining the owners and developers, and -their agent, from discharging or permitting the discharge of any water into drain pipes on the f subject subdivision adjoining Mr. and Mrs. Bell' s real property so as to allow such water to exit drain pipes on the subject subdivision and flow onto and across Mr. and Mrs. Bell's property. 4 the complaint also tw4-lut �•11u11�c-11ryt31.113"fit a17/1 n7:.agll��g1'y (ZAnit�,[,',n.4 1.11 excess of $600,000 for intentional iniiiecion of ewotional distress on Mr. and Mrs. Bell, deliberate acts of trespass resulting from large amounts of water being discharged and flushed through the drain system on the subject subdivision which exited the drain pipes and flowed onto and across Mr. and Mrs. Bell's property so as to prevent their use and enjoyment of their property. i Board of Supervisors October 20, 1972 Page 3 It is my understanding that formal dedication of the streets and drain system within the subject subdivision has not yet been accepted by the County of Contra Costa and Mr. and Mrs Bell hereby request that the Board of Supervisors for the County of Contra Costa not accept formal dedication of the streets and drain$ within the subject subdivision lintel such time as this drainage problem and inr rfPrence with the natural water course as been corrected_ Should the County of Contra Costa proceed to accept final dedication of the streets and drains within the subject subdivision, I have advised Mr. and Mrs. Bell that they will have little recourse but to proceed with the filing of an action against the County of Contra Costa alleging inverse condemnation by the County of Contra Costa. It is further requested that the undersigned be _ permitted an opportunity to appear before the Board of Sjjpermoi for the County of Contra Costa at any hearing involming consideration by the Board of Supervisors regarding formal __gcceptance or the dedication or the subject subdivision. Mr. and Mrs. Bell further request that the -Board ot Supervisors for the County of Contra osta to a action to correct this obvious injury to them and their res property as soon as possible. Very truly yours, MILLER, STARR & REGALIA Barry M. Galla ter BMG:lkd. cc: Mr. Michael Bell ' i A LAW OFFICES MILLER, STARK & REGALIA EDMUND L.REGALIA ..� �',' .--I t;. {'�-�.• MARVIN B.STARK OROWAY BUILDING-KAISER CENTER [{� Iy ,i" '•} 1�� 3 < ' HARRY D.MILLERIl 2/8O VALDEZ STREET, IBT" FLOOR KARL E.DROESE,JR OAKLAND,CALIFORNIA 94612 1 JAMES E.BURDEN ,f •�. I ! V BURCH FITZPATRICKli LUANA S.MILLER TELEPHONE (418) 448-3900 }p Or COUNSEL. ROBERT A.BELZER SUPERVIS10"R�G[5 tt: ) :i,WR yJOHNSON KENNETH M.MILLER October 20, 1972 DAVID M.VAN ATTA BARRY M.GALLAGHER Board of Supervisors County of Contra Costa 3445 Golden Gate Way Lafayette, California RE : Subdivision 3987 Gentlemen: The undersigned firm of attorneys has been retained by Mr. and Mrs. Michael Bell of 3138 Diablo View Road, Lafayette, California, to proceed with legal action seeking a permanent injunction and money damages for injuries suffered to their real property which adjoins that subdivision, No. 3987, for which the County of Contra Costa has accepted and approved tentative and final subdivision maps. Mr. and Mrs. Bell are particularly concerned with the alterations of the natural water course by reason of the develop- ment, construction and creation of subdivision 3987 which adjoins the real property upon which Mr. and Mrs. Bell maintain their residence. Of special interest is the 24 inch drain culvert which is a part of subdivision 3987 and which permits the discharge of accumulated storm waters directly into and upon that real property owned by Mr. and Bell with increased force and in a form far different from that which prevailed under natural conditions existing prior to acceptance by the Planning Commission for the County of Contra Costa of these tentative and final subdivision maps and subsequent construction of subdivision 3987. RECEIVED _'30 Iq , . W. T. PA .ASCH CLERK BOARD OF SUPERVISORS , ONTRA STA CO. ay DQput •L Y Board of Supervisors October 20, 1972 Page 2 Mr. and Mrs. Bell have repeatedly complained to the Flood Control and Water Conservation District, the Contra Costa County Planning Department, the Contra Costa County Public Works Department, and the various individuals employed by the County of Contra Costa who are involved in the approval of the subdivision. Of particular interest are complaints by Mr. and Mrs. Bell to Mr. T. E. Burlingame of the Flood Control and Water Conservation District of the County of Contra Costa who, while acknowledging a serious problem, has not seen fit to bring this matter to your attention nor to the attention of the various agency heads who possess sufficient power to obtain correction of this problem. To date, the only offer to correct this drainage problem has come in the form of a letter dated September 25, 1972, signed by Mr. Todd W. Lockwood on behalf of Lockwood Construction, Inc. In that letter, Mr. Lockwood suggests installation of an off-site (on real property owned by Mr. and Mrs. Bell) earth ditch which, for obvious reasons, is not agreeable to Mr. and Mrs. Bell. Repeated requests by Mr. and Mrs. Bell to the owners and developers of the subdivision have been to no avail with the exception of the proposed off-site earth ditch. Therefore, this office has filed on behalf of Mr. and Mrs. Bell a complaint, action No. 133483, seeking a permanent injunction enjoining the owners and developers, and their agents, from discharging or permitting the discharge of any water into drain pipes on the subject subdivision adjoining Mr. and Mrs. Bell's real property so as to allow such water to exit drain, pipes on the subject subdivision and flow onto and across Mr. and Mrs. Bell' s property. The complaint also seeks compensatory and exemplary damages in excess of $600,000 for intentional infliction of emotional distress" on Mr. and Mrs. Bell, deliberate acts of trespass resulting from large amounts of water being discharged and flushed through the drain system on the subject subdivision which exited the drain pipes and flowed onto and across Mr. and Mrs. Bell' s property so as to prevent their use and enjoyment of their property. Board of Supervisors October 20, 1972 Page 3 It is my understanding that formal dedication of the streets and drain system within the subject subdivision has not yet been accepted by the County of Contra Costa and Mr. and Mrs. Bell hereby request that the Board of Supervisors for the County of Contra Costa not accept formal dedication of the streets and drains within the subject subdivision until such time .as this drainage problem and interference with the natural water course has been corrected. Should the County of Contra Costa proceed to accept final dedication of the streets and drains within the subject subdivision, I have advised Mr. and Mrs. Bell that they will have little recourse but to proceed with the filing of an action against the County of Contra Costa alleging inverse condemnation by the County of Contra Costa. It is further requested that the undersigned be permitted an opportunity to appear before the Board of Super- visors for the County of Contra Costa at any hearing involving consideration by the Board of Supervisors regarding formal acceptance of the dedication of the subject subdivision. Mr. and Mrs. Bell further request that the Board of Supervisors for the County of Contra Costa take action to correct this obvious injury to them and their real property as soon as possible. Very truly yours, MILLER, STARR & REGALIA Barry M. Galla er BMG:lkd. j �[f cc: Mr. Micha-eel/ Bell ' CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: NANCY M. SERENO Address : 40 Solano Avenue, West Pittsburg, California Attorney: Alfred A. Affinito, Attorney at Law, 538-550 Affinito Lane, Pittsburg, California 94565 Amount: $100,000 Date Filed : November 6, 1972 By mail , postmarked November 5, 1972 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: November 6, 1972 W. T. PAASCH, By oS Deanna Petrie , 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 . l notice is given by this office; ( ) Do not file claim, time limits have expired . 1 We reco mend referral to : ( ✓ County ' s general insurance carrier; ( Other insurance carrier; ( County Counsel . DATED: ����/�. I�l7�- JOHN B . CLAUSEN, By D puty 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 14, 1972 (copy of Board Order also attached ) . P- e'er forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on November 14, 1972 and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED: November 14, 1972 W. T. PAASCH , By X7& ' Dorot Laz rini, 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. 14, 1972 Public Works , By 14, 1972 County Counsel , By DATED: Nov. ��� BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for Damages: NANCY M. SERENO I declare under penalty of perjury that I am now, and at all tines herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: Board Order of November 1J. 1972 together with NOTICE OF DENIAL in the matter of CLAIM FOR DA1-1iGES filed by or on behalf of NANCY M. SERENO to the folloid ng: NANCY M. SERENO c/o Alfred A. Affinito, Attorney at Law 538 - 550 Affinito Lane, Pittsburg, California 91565 I declare under penalty of perjury that the foregoing is true and correct. Dated: _ November 14,1972 _, at Martinez, California Dorothv Lazzarini epu y CTerW I LE ® N O V I x-,1972 W. T. PAASCH CLERK BOARD OF SUPERVISORS C RA COS]:A CO. By .�. Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: NANCT ms SEREND c/o Alfred A. Affinito, Attorney at Law Pittsburg#Caliiffoo Lane 94565 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on Alovember 68 1972 was rejected by the Board of Supervisors of said county on November 1972 . WARNING Subject to certain exceptions, you have only six (6) months from the date this notice Was personally delivered or deposited in the mail to file a court action on this claim. . See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: Noyrber 149 1972 W. T. PAASCH, CLERK By. ccs Pacific Indemnity Ompany Dorotay s 4341 Piedmont Avenue Deputy Clerk Oaklands California 94611 Attns lir. D. Nachtsheim i IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, SLATE OF CALIFORNIA 197�- In the Matter of ) Claim for Damages. ) Nancy M. Sereno. 40 Solano Avenue. West Pittsburg. California, by and through Alfred A. Affinito. Attorney at Law. 538-550 Affinito Lane, Pittsburg, California 94565 having filed with this Board on November 6 , 197Z_, claim for damages in the amount of $ 100,000 ; NOW, THEREFORE, on motion of Supervisor J. P. Kenny , 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 voteof the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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 lk_day of NnvPmhPr , 197.2_. W. T. PAAS CH, CLERK A2L�Zl Doro y Laz acini Deputy Clerk cc: Claimant Public Works (3 ) Attention Mr. Broatch County Counsel County Administrator County Sheriff—Coroner i LAW OFFICES ALFRED A.AFFINITO 539-550 AFFINITO LANE ALFRED A.AFFINITO PITTS"20,CAZJIIOWWu�x9�65 AREA CODE 413 November 3 1972 P=SBURG AREA 432.4731 GERALD A. BELLECi s CONCORDAREA 667-7780 Board of Supervisors County of Contra Costa County Offices Martinez, California In Re: Sereno vs. County of Contra Costa Dear Sirs: Enclosed herewith please find original and one (1) copy of the claim of Nancy M. Sereno against the County of Contra Costa. Please file the original and return the endorsed copy in the envelope provided. Thank you. Very truly yours, - Gly ALF A. AFF !J- AAA/ibf Enclosures 1►. CIE tdov 6, 1972 W. T. PAASCH CLxRK**AND OR SUPERVISORS `" NTRA COSTA CO. Nor GMpttgf I 1 IN THE MATTER OF THE CLAIM OF NANCY M. SERENO The undersigned Claimant hereby makes claim againstAhe COUNTY OF CONTRA COSTA, in the sum of One Hundred Thousand Dollars ($100, 000. 00), and in support of said claim represents as follows: 1. When did the damage or injury occur? - August 3, 1972. 2. Where did the damage or injury occur? - 40 Solano Avenue, West Pittsburg, California. 3. How did the damage or injury occur? - Claimant sustained various personal injuries by an officer of the Contra Costa County's Sheriffs Department while on duty. Injury to Claimant's real property was also sustained. 4. What particular act or omission on the part of the County Officers, Servants, or Employees caused injury or damage? - County Officers, Servants, Employees or Agents, wrongfully, intentionally, and negligently acted to so inflict emotional distress upon Claimant and intentionally trespassed upon her real property. 5. What are the names of the County Officers, Servants or Employees, causing the damage or injury? - Deputy Chief Steven Minear, and other parties unknown to date. Said claim will be amended when the identity of such other parties is ascertained. 6. What damage or injuries do you claim resulted? - Extreme mental distress of Claimant, NANCY M. SERENO, and trespassing her real property has resulted in her damage in the amount of One Hundred Thousand Dollars ($100, 000. 00). 7. How is the amount claimed above computed? - Medical expenses incurred and to be incurred in the future, and pain and suffering amongst other things. FILED:00ARD 1972 ASCH CS.0SUPERV180RS STA G0. 1y LAW OFFICES ALFRED A. AFFINITO PITTSBURG, CALIFORNIA � I I , I� - I .. . �I I I . , � - . � I I . . . e • - . 8. Expenditures made on account of Ahe.injury are open 1. Send Notices to: . I . 1. :Alfred A. Afffinito Attorney at Law ' 538-550 'Affinito :Lane -,,-I,.-4'-� I,�,-,,I-�1.,-1I.�,,;.1,9,,- -:—-,.�,,`-�,-I"t-I.,,�-I-.�-",z--I-,.�,`,*,--�.-;,�,c�I;-,���"„-��I_',-,-,-�,_f�,�-I--:,,.,-:.-".�,--,,I�-,,,,I-'�,.*-1���, = Pittsburg California 94565 _, r= - . . . I 11 I .1 . � . 11 . . � ,-, Kjli�� Id I , .'.1'�I I”.. r, ' I 1. I I. � -1 � - I I I - - � - I / I 1, -11 .. I - I � . �- :� : 1. 11 . `::��---'-�,:,. � - AII�L�� . �-� .� LF D FFINIT. ttorney,on �Beh of NANCY M RENO I ,. , � � , I I, I 1". —x— � . -� ': m —C-—,: --� .,�� `�"— , , ,- . . - - ,,, . — } t � ix " cx . "r r ' J y y V - z r X . I-,--, .. { K _. .. - .. - • ."r. t :` .._ ,.. n . ___ ..e . - ;:,: r f L - 2, 1 11 . � 11 LAW'OFFICES ALFRED;A. AFFINITO PITTSBURG. CALIFORNIA d'oo aid • • -Pvo o a of 0 ' o a VAa O00 OCD _ CD • oto , a c rt i CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: Ronald Stevens Address : 2764 Foothill, Richmond, California Attorney: Mrs . Lynne R. Snyder, Contra Costa Legal Services Foundation, P. 0. Box 1669, Richmond, California 94801 Amount: (not yet ascertained) Date Filed : November 2, 1972 By delivery to Clerk By mail , postmarked 11-1-72 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: November 2, 1972 W. T. PAASCH, By Lourette Kincaid, 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 reco mend referral to : (?G County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: 3 �we^4/ffJOHN B . CLAUSEN, B D ut 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 onNovember 1 (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 _, 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED : r November llk, 1972 W. T. PAASCH, By DorotbfPuty 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 . %r+ DATED : Nov. 11,.E 3.972 Public Works , By DATED: Nov, ,/,. 1972 County Counsel , By w BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Hatter of Claim for Damages: MR. RONALD STEVENS:' I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: Board Order of JQXeMber 14. 1272 , together with NOTICE OF DENIALn the matter of CLAER FOR DAr7AGES filed by or on behalf of _..._..._._.MR...A_41Y LDSTEVE .�.... �.._._...... .. to the following: Mr. Ronald Stevens c/o Mrs. Lynne R. Snyder, Attorney at Law Contra Costa Legal Services Foundation- WX ]W2%XW Post Office Box 1669 Richmond, California 94801 I declare under penalty of perjury that the foregoing is true and correct. Dated: November 14. 1972 , at Martinez, California Dov thv La z ini ] %EGEI V ED Deputy er NOV 14, 197 W. T. PAASCH CLERK 8 RD OF SUPERVISORS TRA COSTA PO. BY _. Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: IMMMA• RWOX I3 3 C/o yrs. Lynae R Sny+dery Atto=eiry at int Contra Costa Legal Services Foundation Pott Office Box 1669 Richmenido California 94801 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on fjpvV = 2s 1,972 was rejected by the Board of Supervisors of said county on .. 14. ...i7� • WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 9 .5.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: Idomber !Ait 1972 W. T. PAASCH, CLERK By Dorothy Lazwmini Deputy Clerk cee Pacific Indemity Cc, 4341 Piedmont Aveme OakLu d, C liPorxtfa 9461.1 Attn: lir« D« NaChtshelm IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA November_ , 197 In the Matter of ) Claim for Damages. ) Mr. Ronald Stevens, 2764 Foothill, Richmond, California by and through Mrs. Lynne R. Snyder, Attorney at Law, Contra Costa Legal Services Foundation, 337 Tenth Street, Richmond, California 94801 having filed with this Board on November 2 , 1972 , claim for damages in M amount N not vet a�cerined _ ; NOW, THEREFORE, on motion of Supervisor J. P. Kenn- , 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, W. N. Boggess, E. A. Linscheid. 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 thi s _day of NQVPmhg= , 197.L_. W. T. PAASCH, CLERK By. Doroth Lazzarini Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator County Sheriff—Coroner CONTRA COSTA LEGAL SERVICES FOUNDATION MAIN OFFICE P.O.BOX 1669 337 TENTH STREET. RICHMOND. CALIFORNIA 94801 TELEPHONE:233-9934 P.O.BOX 307 P.O.BOX 790 615 ESTUDILLO STREET October 31, 1972 106 EAST FIFTH STREET MARTINEZ,CA.94553 PITTSBURG,CA.94563 TELEPHONE:228.8710 TELEPHONE:439-9164 EUGENE M.SWANN ADDRESS REPLY TO: - EXECUTIVE DIRECTOR C I L E C)' ATTORNEYS: RICHMOND JOHN B.BIGELOW GEORGE E. a RONALD F.COLESEY 1972 STEPHEN K.EASTON PAUL C.ROSENTHAL W. T. PAASCH LYNNE R.SNYDER CLERK BOARD OF SUPERVISORS CO 7 TA M: Contra Costa County Byc[ QDOPuty Board _of Supervisors, Main and Pine Streets Martinez, California Re: Claim for False Imprisonment at Contra Costa County Jailhouse, at Main and Pine Streets, -in -Martinez, California, on August 19 ,' and 20 , 1972. Gentlemen: On or about August 19 and 20 , 1972, Mr. Ronald Stevens , of 2764 Foothill, Richmond, California, sustained injury to his person as the result of false imprisonment at the County Jail in Martinez, and the County farm at Clayton. Mr. Stevens was due to be released on August 19, at the end of a nine-day sentence. On August 18 , 1972, the judge dismissed the bench warrant issued against Mr. Stevens , for his failure to appear. Nevertheless, Mr. Stevens was detained two days beyond his date of release. The actual names of the public employees responsible for said damages are unknown at this time. But they were agents of the defendants and their acts causing injury to Mr. Stevens were done within the scope of their employment. Due to the nature of the injury, the exact amount of damages is not yet ascertained. Yet, the restraint it- self is actionable and no actual damages need be shown. Further correspondence with regard to this claim is to be directed to my attention. Very^truly ours , A/INNE R. SNYDER (MR ) LRS:rmlg /ATTORNEY AT LAW cc: Mr. Stevens Z 10 0 z�mz ; f IXC> 2� 01;1O ^ ; Z M N 39 o t A m A O aaoo ti r• a cr � n cr aaaw - o (n ED C) w o ct aoroa N (D (Ds c� rn cn C O o cr r- C nKN :j P. m n �C a cr cn cn r �z :1 t r Q o a 1 = V a+ CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : HOLLY DE GROOT Address : 2101 Donald Drive, #9, Moraga, California Attorneys Zief, Diment & Glickman, 109 Geary Street, Third Floor San Francisco, California 91108 Amount: $100,000 Date Filed : October 27, 1972 By delivery to Clerk via jr1jjjXXX tIMIM Public 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 910 and 910 . 2? DATED: October 27, 1972 W. T. PAASCH, By 9 Dorothy L zza 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 . 4,,'---We recom .end referral to : ( County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED : 3c) (-�, ±� 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 November 8, 1972 (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 9, 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED: November 9, 1972 W. T. PAASCH, Byca�2 r Deanna Petrie, 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 : November 9, 1972 Public Works , By � . DATED: November 9, 1972 County Counsel , By. r%�� - / BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) HOLLY DE GROOT ) ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: The Board' s order of November 8, 1972 denying the above-captioned claim, together with "Notice of Denial" of same to the following: HOLLY DE GROOT c/o Zief, Diment & Glickman 109 Geary Street, Third Floor San Francisco , California 94108 I deelare under penalty of perjury that the foregoing is true and correct. Dated*. November 9, 1972 , at Martinez, California . E COX% Deanna Petrie epu y Clerk F L Lao i1 vl.' 1912 CLER BOA D OF SUPERVISORS NTRA T CO. i— - >,.�.�.mow 3iz.. DePu>5r 1,-71-500 • THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: HOLLY DE GROOT c/o Zief, Diment Glickman 109 Geary Street, Third Floor San Francisco, California 94108 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on October 27, 1972 was rejected by the Board of Supervisors of said county on November 8, 1972 . WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: November 9, 1972 W. T. PAASCH, CLERK r cc: Pacific Indemnity Company By e a r e Attn: Mr. Dick Nacbtsbeim Deputy Clerk IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA November 8 , 1972 In the Matter of ) Claim for Damages. ) Holly De Groot, 2101 Donald Drive, #9„, Moraga, California'. by and through Zief, Diment & Glickman, 109 Geary Street, Third Floor, San Francisco, California 94108 having filed with this Board on October 27 , 1972 , claim for damages in the amount of $ 100,000 ; 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. E. Moriarty, E. A. Linscheid. NOES: None. ABSENT: Supervisor W. N. Boggess. 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 November , 1972---- W. T. PAASCH, CLERK BY _ Deanna Petrie Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator LAVV OFFICES OF Arthuro. Zie� 0 JAMES LOA 109 GEARY STREET,AT GRANT AVENUE RAYMOND GLICKMAN SAN FRANCISCO, CALIFORNIA 94108 J. KESTER OIMENTII 141S! 362-5133 T O Contra Costa County Date: 10/23/72 Department of Public Works Ac3ministration Bldg. Re: Holly De Groot rtinez, Calif. lease File enclosures. Return endorsed filed copies to us. Issue original and deliver to us summons _ writ — subpoena _. Present order to Judge and return to us. Scry at Record and return to us. Set for hearing on _ Post notice of hearing. Mail notices of hearing. Certify copies. Pu *s and send affidavit of publication. heck and for$ Stamped,self-addressed envelope enclosed. Enclosures: Claim Against the Deparlamentof Public Works Contra Costa County. ARTHUR ZIEF BY Secretary � Form 0-48 Revise OCT 2 4 1972 11-18-64 - 2000 PUBLIC WORKS DEPARqMfPmMENT .OF PUBLIC WORKS CONTRA COSTA COUNTY CLAIM AGAINST TIS SSS'�yX1ifX �''3TX7 '�� Administration Bldg. , Martinez, Calif. TO : CONTROLLER, X1M iX(&82 11XK$X4X X&' XX L CL ADIANT I S NAME: HOLLY DE GROOT FILED CLAI-MANT IS ADDRESS: 2101 Donald Drive, .#9;•..,Mbjcaga, Cali 0 CT 19 72 ! 7 ' CLAIMANT I S PHONE NO : 376-2068 W. T. FAASCH CLERK SOA{�,D.OF SUPERVISORS Ai 1GUI3T OF CLAIM:: $10010-00.00 fRA_COSTA CO. By ^ Deputy . ADDRESS TO WHICH NOTICES'ARE TO BE .SENT: Zief, Diment 3-- Glickman 109 Geary- Street, Third Floor, -San Francisco, Calif. 94108 DATE OF OCCURRENCE OR TR 11SACTION: 9/30/72 PLACE OF OCCURRENCE OR TRANSACTION: Moraga Road and Rheem Blvd, ,.Walnut Creek. HOW DID ACCIDENT OR TRANSACTION OCCUR: Due to heavy construction and confusing and hazardous condition of the roadway, claimant, while travelling in a generally southerly direction on Moraga Road, at or near the intersection of Rheem Blvd. , County of Contra Costa, was caused to be struck by another vehicle. ITEMIZATION OF CLAIM: TOTAL: s 100,000.00 ZIEF,/DIMENT & GLICK J BY: S�Gi a,Uri (To be s? "ed by Claimor y some per mon acting on ni.s behalf) NOTE: You Deed Not Use This Form. For t11 Claim Information Your Attention Is Directed To Goyernnent Code Sections 900 et seq. In the Board of Supervisors Of Contra Costa County, State of California November 8 , 19 7 , In the Matter of Authorizing Payment for Personal Property lost at County Jail. It having been reported by Mr. J. P. McBrien, County Administrator, that a claim in the amount of $124.80 has been presented by Mr. James R. Evans, 472 Lila Del Court, Concord, California for personal property lost while under county care and custody at the County Jail; and The Board having considered said claim and deter- mined that it is a valid and proper charge against the county; NOW, THEREFORE, on motion of Supervisor A. M. Dias, seconded by Supervisor J. E. Moriarty, IT IS BY THE BOARD ORDERED that the County Auditor-Controller is DIRECTED to pay said claim. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. Na Boggessjq E. A. Linscheid. NOES: None. ABSENT: None. 7 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: County Auditor-Controller Witness my hand and the Seal of the Board of County Administrator Supervisors County Sheriff affixed this__Btj3__day of NovRmhPr . 19 7Z W. T. PAASCH, Clerk By Deputy Clerk Elsie tt M24 4112 10M C CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant : Mr. Arne Berntsen Address : 2074 San Carlos Ave., Concord, California Attorney: Ward A. Smith, Attorney at Law, P. 0. Box 621., Concord, Calif. Amount: $259000 Date Filed : October 24, 1972 By delivery to Clerk By mail , postmarked 10-20-72 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: October 24, 1972 W. T. PAASCH, By � 04w,~� Dorothy az z 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 recoptend referral to : ( County ' s general insurance carrier ; ( Other insurance carrier; ( County Counsel . DATED: �2 Oac &_4, /,� 7P-- 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 30 1972 (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_ 1,_1972_, and memo thereof filed and endorsed on claim, per Government Code Section 29703 . r DATED: November 1, 1972 W. T. PAASCH, Byy , Deanna Petrie 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: November 1. 1972 Public Works , By ' DATED : November 1, 1972 County Counsel , By `0 � a BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Metter of Claim for ) Damages: ARNE BERNTSEN ) I declare under penalty of perjury' that I am now, and' at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: The Board's order of October 30, 1972 denying the above-captioned claim, together with "Notice of Denial" of same to the followings ARNE BERNTSEN c/o Ward A. Smith Attorney at Law P. 0. Box 624 Concord, California I . deelire under penalty of perjury that the foregoing is true and . correct. Dated: November l-,'' -1972- , at Martinez, California . FILA Deanna Petrie Deputy ClerrZ NOV 1 12 W. T. PAASCH CLERK BOARD OF SUPERVISORS �ONT .irCO. ivy a i. E _ Deputy Lir-71-500 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: MR. ARNE BERNTSEN c/o Ward A. Smith Attorney at Lata P. 0. Box 624 Concord, California NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on October 24. 1972 was rejected by the Board of Supervisors of said county on October 30. 1972 • WARNI NG Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6• You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: November 1, 1972 W. T. PAASCH, CLERK By cc: Pacific Indemnity Company anna Petrie Attn: Mr. Dick Nachtsheim Deputy Clerk IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA October 30 In the Matter of Claim for Damages. ) _. Mr. Arne Berntsen. 207LL San Carlos Avenue , Concord, California. v and thhrouah Ward A. Smith. Attorney at Lax. P. 0. -Box Concord, California having filed with this Board on october21L , 1972 , claim for damages in the amount of $ 25.000 , 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. E. Moriarty, E. A. Linscheid. NOES: None . ._ABSENT: Supervisor W. N. Boggess. 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 thist(� h day of October , 197.Z_. W. T. PAASCH, CLERK r By Deanna Petrie Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel. - County Administrator e � i wA�RDA. sma= ATTORNEY AT LAW P• 0. BOX 624. 1645 East. St..; CONCORD,40AM ANNA - - TE�ePHONe Affix 686-1520 October 19, 1972 Board 'of Supervisors Contra Costo County Administration Bldg. Martinez, Calif. Gentlemen: Claim is hereby made against the 'County of Contra Costa on behalf of Mr. Arne Berntsen, 2074 ,San Carlos Ave., Concord, Calif. for damages sustained as a result of his wrongful arrest on Sunday, August 6, 1972 pursuant to a bench warrant issued by,`- the Municipal Court for the--Mt. Diablo Judicial District but previously recalled. The arrest took place in Concord, California. The amount- of damages claimed is $25,000.00. Notices should be sent to the undersigned at the above address. Very truly yours Ward A• Smit WAS:psh AILED O 1 11J 1972 W. T. PAASCH CLERK BOARD OF SUPERVISORS CCWTR^COSTA I Deplob x o m > > > Z >i 0 < ttqq x > Iq W A a x � nw � Q;:oo K 3 p N ct H- rt K W p'-K Q, 0-4 -Jw (ap N f 0 iv fA CM 0ftctz F-+ 0 (D W«7 0 K WG !�� �q iC K.. ,w IV, C3 - t CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: Gary Henley Address : ?- q9 Davis Avenue, Concord, California Attorney: Trembath & McCabe, 1849 Willow Pass Road, Suite 403, Concord, California Amount: $6,000 Date Filed : October 24, 1972 By delivery to Clerk By mail , postmarked 10-20-72 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? J. DATED: October 24, 1972 W. T. PAASCH, By Dorothy'T,aCzyalffni , 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 rec end referral to : 'rend general insurance carrier; ( ) Other insurance carrier; f ( ) County Counsel . DATED: S lf�'7-2 JOHN B . CLAUSEN, By De ut 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 302 1 2 (copy of Board Order also attached ) . Please forward t is claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on j(52vqmber 1, 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . r DATED: November 1, 1972 W. T. PAASCH, By , Deanna Petrie , 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: November 1. 1972 Public Works , By DATED: November 11 1972 County Counsel , By `�� BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAII;ING In the Matter of Claim for ) Damages : GARY HENLEY ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United •States Post Office in Martinez, California, postage fully prepaid, a certified copy of The Board's order of October 30, 1972 denying the above-captioned claim, together with "Notice of Denial" of same to the following: GARY HENLEY c/o Trembeth & McCabe 1$49 Willow Pass Road, Suite 403 Concord, California I declare under penalty of perjury that the foregoing is true and correct. Dated: November 1, 1972 _w. - , ., at Martinez, California . F1 LE ED Deanna Petrie , epu y Clerk NOV 1r:_ W. T. PAASCH 94ARK BOARD OF SUPERVISORS �l err ,""ie:M:&ADGPUW 4-71-500 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: GARY HENLEY c/o Trembath & McCabe 1849 Willow Pass Road, Suite 403 Concord, California NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on October 24, 1972 was rejected by the Board of Supervisors of said county on October 30, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: November 1, 1972 W. T. PAASCH, CLERK cc : Pacific Indemnity Company By Attn: Mr. Dick Nachtsheim Deanna Petrie Deputy Clerk IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA October 30 , 19T.z In the Matter of ) Claim for Damages. ) Gary Henley, 1499 Davis Avenue, Concord, California, •5 by and through Trembath & McCabe , 1849 Willow Pass Road, Suite 403, Concord, California having filed with this Board on October 24 , 1972 , claim for damages in the amount of $ 6,000 ; 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. E. Moriarty, E. A. Linscheid. NOES: None. ABSENT: Supervisor W. N. Boggess. 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 D±j3 day of October , 197 2 W. T. PAASCH, CLERK By Deanna Petrie Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broateh County Counsel County Administrator Building Inspector LAW OFFICES OF TREMBATH & MCCABE IMPERIAL SAVINGS BUILDING MICHAEL R. McCABE 1849 WILLOW PASS ROAD,SUITE 403 TELEPHONE JAMES R.TREMBATH CONCORD,CALIFORNIA 94520 (415) 687-3450 BRYCE C.ANDERSON October 20 , 1972 CEIV' ED 0r,T WOO 6 JT a Board' Of Supervisors County of Contra Costa Administration Building Martinez, California Re: Gary Henley - County of Contra Costa Gentlemen: Enclosed is a Claim Against the County. of. Contra Costa. : on behalf of Gary Henley. Very truly yours , TREMBATH & McCABE Bryce . Anderson BCA:bl a Enclosure CLAIM AGAINST THE COUNTY OF CONTRA COSTA. GARY HENLEY presents a claim for damages against the County of Contra Costa. Address of Claimant: 1499 Davis Avenue Concord, California Address to which notice is to be. -sent: Trembath & McCabe 1849 Willow Pass Road, Suite 403 Concord, California 94520 Date, place, circumstances of occurrence: On or about July 14, 1972, claimant. was wrongs ;' fully prevented from performing a building contract for Robert Tabor and Sue Tabor by the Building Inspector for Contra Costa County. Amount of claim: $6,000.00 General Description of Damages Lost profit from contract, expenses incurred. Dated: October 20, 1972. TREMBATH & MCCABE F IL E D By 0 rT z q;1972 Bryce Anderson W. T. PAASCH CLERK BOARD OF SUPERVISORS O RA COST/ C9. B 0"MY (*F OF SERVICE BY MAIL—1013a, 2015.5 C.•) 1 am a citizen of the United States and a resident of the county of Contra Costa t asn business over the age of eighteen yeast and not a party to the u*bin above entitled action; my ISaddreu is: 184 9 willow Pass Roads Suite 403, Concord, California On October 20, 1972 19 ,1 served the uwitbin Claim Against the County of Contra Costa Contra costa on the Board of 5Wervisorsln said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid,in the United States post ofice mail box at Concord, Califor-Aia addressed as follows: Board of Supervisors County of Contra Costa Administration Building Martinez, California 1, BeJ'tV T.Pi Rpr certify (ordcclarr},under prnalty (name must be typed or printed) of periury,* that the foregoing is true and correct. Executed oQl't06A-r 20 , 1972 .r Concord ,California (dare) (place) gm ure *proof of service by mail forms,being signed under penalty of perjury,do not require notarization. BARON PRESS FORA NO. I 4 � s t tR'f • t- x � v�J Ov 00 O O }yet? uc O m JP i N �j W U9� Q moo v dS +n Q 3 tam g &TL i 3 Y� � 5 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Authorizing the Filing of a Disclaimer. RESOLUTION NO. 72/689 WHEREAS the County of Contra Costa has been served as a defendant in an action to condemn certain land in said County, which action is now pending in the United States District Court for the Northern District of California, entitled therein, "United States of America, Plaintiff, v. 536.20 Acres of Land, more or less, in the County of Contra Costa, State of California; M. B. DANNO, et al. , and UNKNOWN OWNERS, Defendants", Civil No. 50501; and WHEREAS title to the estates and interests condemned in said action vested in the United States of America on December 23, 1968, and since February 4, 1969 has been in possession of said land; and WHEREAS it appears that the County of Contra Costa has no - interest in and to the estates and interests condemned in Parcels 558, 559, 630 and 631, as described in the Complaint on file in said action, and the County Auditor of the County of Contra Costa advised that there are no existing liens for taxes against said parcels; NOW, THEREFORE, BE IT RESOLVED that said County of Contra Costa has and takes no claim to any title or interest in or to Parcels 558, 559, 630 and 631, in the above entitled action, or any compensation which may hereafter be awarded for the taking thereof, and the County Counsel is hereby directed and authorized to file an appropriate disclaimer in the above entitled action. PASSED AND ADOPTED this 17th day of October, 1972 by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: None. I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Super— visors on the date aforesaid. Witness my hand and the Seal of the Board-of Supervisors affixed cc: Auditor this 17th day of October, 1972• Administrator W. T. PAASCH, CLERK By Dorot aztcTrini Deputy Clerk RESOLUTION NO. 72/689 j DEPUTIES: OFFICE OF COUNTY COUNSEL PAUL W. GERALD A. DECKER RICHCONTRA COSTA COUNTY MICHAEL D.FARR BORTOL""° HOWAROT. GONSALVES COURT HOUSE.TOP FLOOR JAMES A. KLINKNER JOHN S. CLAUSEN P.O. BOX 89 EDWARD V. LANE'JR.- COUNTY COUNSEL SILVANO MARCHESI MARTINEZ. CALIFORNIA 94558 ARTHUR W. WALENTA JR. GEORGE W. MCCLURE PHONE. (415) 228-2000 WILLIAM W. WARO,Iti CHIEF DEPUTY VICTOR J. WESTMAN October 18, 1972 James L. Browning, Jr. United S tes Attorney 16th Floo Federal Bldg.-Box .36055 450 Golden ate Avenue San Francis o CA 91102 Attn: Paul Locke Res , U.S._ v. 536.20 Acres, M. B. DANNO, et''al. Civil No. 50501, Parcels 55`0.6 559, 630� 631 Dear Sir: Enclosed are the executed- Diselaimer and Resolution for the subject case.` These documents were processed pursuant to your letter request dated August 22,: 19.72. Very 'truly yours, pJohn B. Clausen County Counsel By: Victor J. Westma.n Deputy County Counsel VJW:bw cc c \, Clerk of the Board �+ + Auditor-MCohtroller RE�,.,L;sI��ED OCT H) 197Z W. T. PAASCH CLERK 4D Ot SUPERVISORS 'sem�i:ALO. gy _ DCPU Y, RESOLUTION NO. 7?/6 9 RESOLUTION OF -THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA AUTHORIMIG THE FILING OF A DISCLAIMER WHEREAS, the County of Contra Costa has been served as a defendant in an action to condemn certain land in said County., v,hich action is now pending in the United States District Court for the Northern District of California, entitled therein, "United States of America, Plaintiff, v. 536.20 Acres of Land, more or less, in the County of Contra Costa, State of California; M. B. DANNO, et al. ., and UNKNOWN OWNERS., Defendants ". Civil No. 50501; and WHEREAS, title to the estates and interests condemned in said action vested in the United States of America on December 23, 1968, and since February 4, 1969 has been in possession of said land; and v WHEREAS, it appears that the County of Contra Costa has no interest in and to the estates and interests condemned in Parcels 558, 559, 630 and 631., as described in the Complaint on file in said action, and the County Auditor of the County of Contra Costa advised that there are no existing -liens for taxes against said parcels, NOW, THEREFORE, BE IT RESOLVED that said County of Contra Costa has and takes no claim to any title or interest- in or to Parcels 558, 559, 630 and 631, in the above entitled action, or any compensation which may hereafter be awarded for the taking thereof, and the County Counsel is hereby directed and authorized to file an appropriate disclaimer in the above entitled action. RESOLUTION NO. 72/689 C�rC.e- sem✓ dam• ir PASSED AND ADOPTED this 17th day of October _L972.; by...tbe.._fallowing_vote,� Supervisors: AYES: J. P. Kenny, A. M. Dias J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: None. COUNTY OF CONTRA COSTA By C airman, Board of Supervisors, County of Contra Costa, State of California ATTEST: W T. PAASCHI CLERK County C er and Officio Clerk, Board of Supervisors of the County of Contra Costa., State of California. By � -y= Dorothy Zazzarini, Deputy Clerk RESOLUTION NO. 72/684 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA To: Clerk of the Board Date: . 'October 13,:-1972 From: John B. Clausen, County Counsel_ By : Victor J. Westman, Deputy County CounselvW Re: U.S . vs . 536. 20 Acres M. B. Danno et al. , - Civil No. 50501 - Parcels 558, 559, 630 and 631 The Federal Government has condemned the above-noted parcels of land. In its condemnation action, the Federal Government named Contra Costa County for its lien of unpaid taxes . The Auditor Controller 's office has informed us that all taxes due on the said parcels (558 , 559, 630 and 631) have been paid and therefore a disclaimer is in order. Please present to the Board of Supervisors for its approval the attached resolution authorizing the filing of the County 's disclaimer in the above-noted action by the County Counsel. After its approval, please return the original and one copy of the resolution, with your certification thereon, to this office- We will then forward the disclaimer and a copy of the resolution to the U.S. Attorney's office. VJW:me Attach. cc: Auditor-Controller Attn: Constance Brashear t Paul E. Locke, Assistant United States Attorney 16th Floor Federal Building San Francisco, California 91102 1 REC] IVIED W T. PAASCH CI.HR RD OF SUPERVISORS CO. T OS A �Y _ Deputy \( arMV115.,ALL C.1K V.%1C$T16Ni TO UNrIrD STAT". A7TORNCY Ittite?x Sfates �-1 eptu•tnir:it of i1uso ANP:zsnm TO IrMUL4 AND NUSOn Land and Natural UNITED STATES ATTORNEY Resources D1V1Slon NORTIIERN DISTRICT OF CALIFORNLI IGTH FLOUR FEDERAL BUILDING - BOX 36055 450 GOLDEN G.%TF. AVENUE T"(]' 4102 AugustC22,ISCO �1972 RECTI Y E' avc a 71872 W. T. PAASCH CLERK BOA D OF SUPERVISORS ON AC T CO. Mr. John B. Clausen BY Deputy County Counsel Court House P. 0. Box 69 Martinez, California 94553 Re: U.S. V. 536.20 Acres of Land in Contra Costa County, State of California; M. B. DANNO, et al. - Civil No. 50501 (RFP), Parcels 558, 559, 630 and 631. Dear Sir: The County of Contra Costa, through its Board of Supervisors, has heretofore been served with notice of I filing of a Complaint in Condemnation in the above entitled action on January 16, 1969. We enclose a. copy of the Notice which sets out the interest taken in the land described in Exhibit "A" attached to this document. Tule evidence in our possession indicates that the County has no interest in the property subject of this action other than for taxes, which we believe have been paid. If there are no liens against these parcels (Tax Code Nos. 79199/100-090-001, 79199/100--250-003, and 79199/100-250-004) and the County does not intend to make a claim against the proceeds of the award due to the former landowners, we would appreciate it if you would request authority to execute a disclaimer on behalf of the County, with respect to Parcels 5583 5595 630 and r 631. Fer ,your convenience we enclose,�hereviith the original and two copies of a suggested form of disclaimer to which are attached copies of a Resolution of the* Board of Supervisors authorizing the execution and filing of same. If you concur, will you please have the Resolution signed, execute the disclaimer, and return the original , i G to this ofi"ice for filing with the -Court. You retain the two copies, one for may for the -files of the Board of SU files and the other. p rvlsors . Thank you for your cooperation in this matter. Very truly yours, J.fIMES L. I3Rt}Tr?NSRTC, .lR, United States. Attorney . By PAUL E. LOCKE Assistant United States. Attorney PEL:jc Enclosures cc: ✓Board of Supervisors County of Contra Costa 1 wl J r . CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: GILBERT KRIER Address : 668 East Julian Street, San Jose, California Attorneys: Boccardo, Blum, Lull, Niland, Teerlink & Bell 111 West St. John Street, San Jose, California 95113 Amount: $2509000 Date Filed : October 10, 1972 By delivery to C1erk10-10-72 By mail , postmarked I . FROM: Clerk of Board of Supervisors TO: County Counsel ' s Office Attached is a copy of the above claim. Is it sufficient and does it comply substantially with Government Code Sections 910 and 910 .2? p i i DATED: October 10, 1972 W. T. PAASCH, By _ Dorothy Kazzafillfii, Deputy II . FROM: County Counsel ' s Office TO: Clerk of Board of Supervisors Above claim complies substantially with Government Code Sections 910 and 910. 2 . Above claim FAILS to comply substantially with said Sections : ( ) Board may not act on claim until 15 days after notice is given by this office; ( ) Do not file claim, time limits have expired . We recqmmend referral to : County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: /0 f/7✓ JOHN B . CLAUSEN, By Deputy III . FROM: Clerk of Board of Supervisors TO: (1 ) Public Works Department, Attention Business & Services Manager (2) County Counsel ' s Office Attached are copies of above claim which was REJECTED by the Board of Supervisors on October 17, 1972 (copy of Board Order also attached ) .--Please forward this claim to the County ' s general insurance carrier (or ) . Claimant notified of this action per Government Code Sec- tion 913 on October 1$ 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED : October 18, 1972 W. T. PAASCH, By ` Dorothy fazzarfrfi, Deputy IU . 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. 18, 1972 Public Works , By DATED: Oct. 18, 1972 County Counsel , Bye,/ `� BOARD OF SUPERVISORS, CONTRA COSTA COUNTY,. CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: } GILBERT KRIER ) } } I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of THE BOARD'S ORDER of October 17, 1972 DENYING the above—captioned claim, together with NOTICE OF DENIAL of same to the following: Mr. Gilbert Krier c/o Boccardo, Blum, Lull, Niland Teerlink & Bell 111 West St. John Street San Jose, California 95113 I declare under penalty of perjury that the foregoing is true and correct. Dated: OZtober 1�8._1972 , at Martinez, California . AM— orot y zarin , Deput Clerk I LED L,--71-500 14, 1972 W. T. PAASCH CLERK OARD Or SUPERVISORS C NIRA COS.TA`CO. BY 4AA DeputY THE BOARD OF SUPERVISORS: OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: Mr* Gilbert Krier % Boccardo, Blum Lulls Nilaud, Teerlink & Bel . ill Nest St., John Street San Jose, California 95113 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on ©Ctober 10t 3972 was rejected by the Board of Supervisors of said county on October 171, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: October 18, 1972 W. T. PAASCH.9 CLERK By ccs Paco Luummitg Cv. Deputy Clerk Attns Mr. Dick Nachtsheim W i . IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTYp STATE OF CALIFORNIA October .? ' 1971- In the Matter of ) Claim for Damages. ) Gilbert Fier: 668 East Julian Street, San Jose, CaUfornia., by _and throuph Boccardo, Blum, Lull, IJi land„, Teerli.nk & Bell, III West St.* John Street, Sar Jose, Californiv. 95113 having filed with this Board on October lO , 1972 , claim for damages in the amount of $ 250#000 NOW, THEREFORE, on motion of Supervisor As flo Oias , seconded by Supervisor J, P- KcnnY , 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. Kenn # A. 14. Diae g J. E. Moriarty# W. V* Boggess# E. A. Linscbeid 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 o rd of Supervisors affixed thi I t� day of October , W. T. PAASCH, CLERK m. Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel Cou 1-1tdy inistrator e t1L rector _ FILED CLAIM FOR DAMAGES L CT 10,197 T. PAASCH OARD OF SUPERv+sORB N �AC Ck�/ Deputy To Board of Supervisors, CONTRA COSTA COUNTY HOSPITAL 2500 Alhambra Avenue, Martinez, California Y Comes now GILBERT KRIER, who files `his claim in the sum of Two Hundred Fifty Thousand ($250,000.00) Dollars. That on or about June 30, 1972, Gilbert Krier was admitted as a paying patient to the Contra Costa County Hospital, 2500 Alhambra avenue, Martinez, California, for surgery of an a obstructed bowel; that on or about July 13, 1972, said Contra Costa County Hospital, and its agents, servants and employees, so negligently and .-carelessly examined, diagnosed, treated, cared for and administered an injection in the deltoid muscle of the right upper arm that claimant was caused to sustain severe damage to his radial nerve. That as a direct and proximate result of said neg' lil' gence and carelessness of said Contra Costa County Hospital,, a public entity, as hereinabove set forth, claimant, Gilbert Krier, sustained severe personal injuries to his right arm, and caused him great and severe nervous shock and great physical and mental pain and suffering, and has been generally damaged thereby in the sum of $250,000.00. That as a direct and proximate result of the negli- gence and carelessness of said Contra Costa County Hospital, said claimant has necessarily incurred liability for medical aid and attention, hospitalization, x-rays, nursing care and drugs, for the proper care and treatment of the injuries of f the claimant, and' wil1'continue to , incur such liability for a ro indefinite time in the future. That.- as a direct and proximate result of the negli y gene and carelessness of said Contra Costa County Hospital,: said claimant has sustained loss of earnings- as a result thereof; . and will continue to incur such loss for an indefinite time in a' the future. That the address of claimant, Gilbert Krier is 668 East Julian Street, San Jose, California. That the name, and address of counsel for claimant where all notices should be sent is Boccardo, Blum,, Lull, Niland, Teerlink &. Bell, 111 West St. John Street, San Jose . . California 95113. DATED: .,October. 9, 1972. BOC , BLUM, LULL,; NI , TEERLINK & BELL Attorneys for Claimant a CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: MELVIN EUGENE FENTON, JR. Address : 119 Hall Lane, Walnut Creek, California Attorney: Alfred A. Affinito, Attorney at Law, 538-550 Affinito Lane Amount: $50,000 Pittsburg, California Date Filed : September 28, 1972 By delivery to Clerk by Attorney on Sept. 8, 1 2. 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: September 28. 1972 W. T. PAASCH, By Doroth " Lazzaffini, Deputy II . FROM: County Counsel ' s Office TO: Clerk of Board of Supervisors y 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 reco d referral to : ( County ' s general insurance carrier ; ( ) Other insurance carrier; ( ) County Counsel . DATED: 29 /Q9'a, 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 10 1972 (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 11 , 1972 , and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED : October 11, 1972 W. T. PAASCH , By Nan In aham, 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 11, 1972 Public Works , By ' — , 1 DATED : October 11, 1972 County Counsel , By IL t BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA' AFFIDAVIT OF MAILING In the Matter of . ) Claim for Damages: } MELVIN EUGENE FENTON, iR. ) I declare under penalty of perjury' that I am now, and at all times herein mentioned have been, a citizen of the- United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of The Board' s order of October 10, 1972 denying the above-captioned claim, together with "Notice of Denial". of same to the following: MELVIN EUGENE FENTON, JR c/o ALFRED A. AFFINITO ATTORNEY AT LAW 538-550 AFFTNITO LANE PITTSBURG, CALIFORNIA 94565 I declare under penalty of perjury that the foregoing is true. and- correct. ' Da tedi ' OOc tobe�r 11, 7 972 8 t Martinez, Calif ornia Nanc Ing sham, D7pu y er 4-71-500 1 i IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA October 10 - -- , 197,z_ In the Matter of ) Claim for Damages. ) Melvin Eugene Fenton, Jr, , l k9 Hall Lane, Walnut Creek California by and through his attorney Alfred A. Affinito, 538-550 Affinito Lane, Pittsburg, California having filed with this Board on September 2$, 197 2 , claim for damages in the amount of $50,000 as of date of presentation ; NOW, THEREFORE, on motion of Supervisor A. M. Dias , seconded by Supervisor W. N. Boggess , 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, W. N. Boggess, E. A. Linscheid. 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 10th day of October , 197=- W. 9? 2 .W. T. PAASCH, CLERK l By -t Nan In #aham Deputy erk cc: Claimant Public Works (3) Attention Mr. Broatch _ County Counsel County Administrator THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: MELVIN EUGENE FENTON, JR. c/o ALFRED A. AFFINITO ATTORNEY' AT LAW 538-550 AFFINITO LANE PITTSBURG, CALIFORNIA 94565 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on September 28, 1972 Was rejected by the Board of Supervisors of said county on October 10, 1972 WARNING Subject to certain exceptions, you have only six (b) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: October 11, 1972 W. T. PAASCH, CLERK By��., cc: Pacific Indemnity Company anc sham Attnt Mr. Dick Nachtsheim Deputy Clerk V F I L E D S _ 2.8,1972 W. T. PAASCH CLERKA BOARD OF SUPERVISORS ,COSTA C BY eputy CLAIM OF MELVIN EUGENE FENTON, JR. )vs. ) CLAIM FOR PERSONAL INJURIES SECTION 910 OF THE GOVERN- COUNTY OF CONTRA COSTA ) MENT CODE To the Board of Supervisory, Contra Costa County You are hereby notified that Melvin Eugene Fenton, Jr. whose address is 149 Hall Lane, Walnut Creek, California, claims damages from the County of Contra Costa in the amount,-.computed as of the date of presentation of this claim, of Fifty Thousand Dollars ($50, 000. 00). This claim is based on personal injuries sustained by claimant on or about June 20, 1972, at the Contra Costa County Hospital when Claimant's fractured right ankle was incorrectly set. The names of the public employees causing claimant's injuries are unknown. The injuries sustained by Claimant, as far as known, as of this date of presentation of this claim, consist of a rebreaking of the ankle and resetting and permanent limitations of use. The amount cliamed, as of the date of presentation of this claim is computed as follows: Damages incurred to date Expenses for medical and hospital care Unknown Loss of earnings Unknown Special Damages Unknown General Damages $ 50, 000. 00 Estimated prospective damages are unknown at this time. All notices or other communications with regard to this claim should be sent to Alfred A. Affinito, Attorney at Law, 53$7550 Affinito', Lane,- Pittsburg, California. DATED: September 27, 1972. A rney for Cl t , r{ 4. t'� 4 L y5 , v { Z { i r` In the Board of Supervisors of Contra Costa County, State of California October 10 1972 In the Matter of Authorizing Chairman to Execute Release . On motion of Supervisor A. M. Dias , seconded by Supervisor J . P. Kenny, IT IS BY THE BOARD ORDERED that Supervisor E. A. Linscheid, Chairman , is AUTHORIZED to execute release discharging Mr. Gregory Gutierrez from further liability for damages as a result of an accident on July 23 , 1972 in which Mr. Gutierrez caused damage to the Pittsburg Library, a check in the amount of $420 having been received by the County . The foregoing order was passed by the following vote of the Board : AYES: Supervisors J . P . Kenny, A. M. Dias, J . E. Moriarty, W. N. Boggess., E. A. Linscheid . NOES: None. ABSENT:None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: County Administrator (2) Supervisors County Auditor affixed this 10th day of October , 19 72 Public Works — Attn: M r. R.M. Ry g h W. T. PAASCH, Clerk BY /, , Deputy Clerk Deanna Petrie H24 4/72 IoM - i RELEASE 1N FULL 938 A 26 09 87 M. Jones KNOW M.1, W_\ i.l Till ."L ill#NTS: •1.11 :11• Till ,'NI►I'H,�It. \ F I►, 1),EING ()F LAW'FUL AGE, FO It TO, SOLE CONSIDERATION OF FOUR iiii,11DREi) T'r; If AMD no/100 11.1 Dollars ($.�20 ._00..._....... �) tt) the under>igned ill hand paid. rereillt whereof is herehy acknowledged, do/docs hereby and for my/our/its heirs, executors, adntioislrator�-. sus-4l1 �surs and assigns release, acquit and forever discharc._._ . GREGORY GUTIERREZ .. ... .._ ........... .................................................................................. _. ;tit(] his. her. their• or its agents. wrvaols. surcessors, heirs, executors, administrators and all other persons, firms, corporations, as-ocialiotts or parinvrships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of seryirv. exllcou•s and con pt-o-,ttion whatsoevvr, which the undersigned now has/have or which may hereafter accrue on account of or in anN wav growittt[ out of aiiv and all known and unknown, foreseen and unforeseen bodily and personal injuries and prop- vriv d;nnage and the thereof resulting or to result from the accident, casualty or event which occurred on or about JULY 19.._7 ,at or near.........._PITTSBURG LIBRARY, ........... .................. .da, tie.................................._...._.................... PITTSBURG , CALIF. ................... .. .... .... . ..._ ... _ _ ............................ _ _ . it is rtndcr-tool) and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment n►ade is not to hr coostnn•d as an adrnission of liability on the part of the party or parties hereby released, and that said releasees deny liability- diert•for and intend merely to avoid litigation and buy their peace. it is further understood and agreed that all rights under Section 1542 of the Civil Code of California and any similar law of any stale or territory of the United States nr other jurisdiction are hereby expressly waived. Said section reads as follows: "15•12'. C•rmin rluints not rr/ft•cled by general release. A general release does not extend to claims which the credit,w taws not kntnr or suspect to exist in hisfavor at the time of executing the release, which if known by him must harr materially affected his-.Settlement wiDr-the debtor." The undersigned herelly declare(s) )hd represent(s) thaT the injuries sustained are or may be permanent and progressive and that recover) therefrom is uncertain and'i-h(lefinite ittld in making this Iielease it is understood and agreed, that the under- si au d n l� 1 ies) c�holly upon ljjti undeni�td's )u'd(�uietti ft`rlig� and kntpcledge of the nature, extent, affect and duration of said injuries and liability therefo3ftind is m;�del vAii(qut r IMA-RpoiT-aty stat0awnt or representation of the party or parties hereby released or their representatives or by any physician or surgeorrby them employed. The undersigned fort ier declarv(s) i�qii.rgpresent(t) that no,promise, inducement or agreement not herein expressed has been etude to the undersi _tied, and that tl&,Vltyledi ie#tains the entire agtc�_itievt�betwee a parties hereto, and that the terms of this release are contr ctual and(A)i t O'm)treEit `oe•,*01, %` L. ''rp ,�f'•h iry 'moi. ,� _ •:� U 4; e THE UNDERSIG IIAS RE04 q*1'e 9 OIN�rA�I�Y•I�) 'I�1i ERSTAN1SSr h9 0 �cc, 'nb� Yeo/ �Sj ots ,s�jl0,f",delivered this_ 10. of October 19� (1) no t� e",by°�e,; ,; �svcAI ss r=;,Grp.. y -� fl'itncss to Signatures: Qq 00 iso Ar 4; y At(cast one witness required for each sign re.Win y At4.1 �,01'S or Lis name and address opposite the signature r itnessed:Qrs "S hrZ oA 0 or 60 J% Of- t, f�. ~b C�rtfr ? C " t� Goul :Y .Narne. . , .�: ...._ _ LS (2) li.f.o.� r> ,. ........w........_.__.._.__...._... E. A':� IKYEKeid;_C aFi �irman oard' of Supervisors Name. . ........ ...._. ........ . ....._ ..._............ ....._.............,..........._._........____._..___._ s ... ......_.....w. _. __ _ __ ___ i R (3) Addres _.._... ....._...................._............. _ Name ......._ ..............................�.._........_.. ._�.-_—.—.......__—.. _ iR (4) Address ...._........... .... .._..__.._�—_...__. STATE OF.. I^ .1._if oi't11 1--•--._._....._� _. l Contra r 1.. ISS. COUNTY OF .�Q� �•$... On the 10?LA11ay of .. .(5C r o b1.`i.._...,19...72,before me personally appeared—_�.'+_a.—A a— S.rhe i d to me known to be the person named in and who executed the foregoing Release and_-__J2B acknowledged to me thaL__—h-e executed thr same. r rfsle ) II, ouT1ty Clerk �jrT M77 PIN-1117 tPCD.5IIft►IOM :/68 •TDIN U.S.A. r,$4t, Deputy Clerk CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: SANDERS RANCH, INC. , PURDUE HOMES, INC ., and CLEMSON HOMES, INC ., all California corporations dba Address : LAFAYETTE DOWNS CO. , a partnership 121 Ellis Street, Suite #1, Concord, California Attorney : c/o HUOVINEN, WHITE & GIAMBRONI, Attorneys at Law, 1330 Broadway, suite 1428, Oakland, California Amount : $1,762,000, as of date of presentation Date Filed : August 25, 1972 By delivery to Clerks&t 25, 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 Code06-a-4nna. tions 91 and 910. 2? DATED: August 25, 1972 W. T. PAASCH, By. Petr e Deputy II . FROM: County Counsel ' s Office TO : Clerk of Board of Supervisors F^ - _ X Above claim complies;�ubstantially with Government Code Sections 910 and 91`0. 2 . Above claim FAILS to comply substantially with said Sections : ( ) Board may not act on claim until 15 days after notice is given by this office ; ( ) Do not file claim, time limits have expired . _ X We recommend referral to : ( � ) County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: g _3 r_ z _ 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 3, 1972 (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 10, 1972 , and memo thereof filed and endorsed on c aim, per Government Code Section 29703 . DATED : October 10, 1972 W . T. PAASCH, By ancy ngr am, 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 10, 1972 Public Works , By tel% DATED: October 10, 1972 County Counsel , By V IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA October 3 _, , 1971 „ In the Matter of ) Claim for Damages. ) _. _.. ._.. ._..`._. ) SANDERS RANCH, INC., P73RME HOMES, INC., AND CIMMON IIOMSS. INC., DBA LAFAYETTE DOWNS CO.$ a partnership, 121 Ellis Street, Suite #1. -Coneor.d, California by and through their attorneys HUOVINEN, WHITE & GIAMBRONI, 1330 Broadway„ u to 1^428, O Along, C al i gn=in ohs j,Z having filed with this Board on August 25 , 1972_, claim for damages in the amount of $1,762,000, as of date of presentation - NOW, resent tionNOW, THEREFORE, on motion of Supervisor A. K. 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. E. Moriarty, W. N. Boggess, E. A. Linscheid, 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 3rd day of Og to_ bar 197-9--. W. T. PAAS CH, CLERK By Nanc Ing am Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator Mr. Kilkenny Planning THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: SANDERS RANCH, ING., PURDUE HOMES, INC., AND CLBKSON HOMES, INC. DBA LAFAYETTE DOWNS CO. c/o HUOVININ, WHITE & GIANBRONI Attorneys at Law 1330 Broadway, Suite 1428 Oakland, California 91612 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on August 25, 1972 was rejected by the Board of Supervisors of said county on October 3, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: October 10, 1972 W. T. PAASCH, CLERK By -NancVIngftham Deputy Clerk cc: Pacific Indemnity Company Attn: Xi?. Dick Nachtsheim BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim ) for Damages: } SANDERS RANCH, INC . , PURDUE } HOMES, INC., and CLEMSON HOMES, INC . , all. California Corpora- ) tions dab LAFAYETTE DOWNS CO., a -oartner ship. } I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of The Board' s order; of October ,3, 1972 denying the above-captioned claim, together with "Notice.. of penial" of same to the following: SANDERS RANCH, INC., PURDUE HOMES, INC., AND CLEMSON HOMES, INC ., all California corporations dba LAFAYETTE DOWNS CO. , c/o,HU0VIN1N, WHITE & GIAMBRONI, Attorneys at, Law 1330 Broadway, Suite 1L28 Oakland, California 9461-a I declare under penalty of perjury that the foregoing is true and correct. Dated: October 10, 1972 at Martinez, California . NancV Ing am, De.puty. Clerk LI-71-500 HUOVINEN,WHITE & GIAMB$ONI JOSEPH T.WHITE,JR. ATTORNEYS AT LAW WILLIAM WALTERS SUITE 1428,UNITED CALIFORNIA HANK BUILDING T[LEPHONE HAROLD NUOVINEN 034-6561. FRANCIS R.GIAMBRONI 1330 BROADWAY PAUL C.CAHILL OAKLAND,CALIFORNIA 94612 J.MICHAEL AMIS 1119"M TO OUR rILE NO: August 23 , 1972 Mr. Paul W. Baker i1ECEIVIED County Council ���(, ,, 3 W2 P. O. Box 69 Martinez, California 94553 W. T. P A A S C H CLERK BO D OF SUPERVISORS O RA COT CO. By Deputy Re: Subdivision No. 3987 Dear Mr. Baker: Enclosed please find an original and two copies of a Claim for Damages - Negligence and Breach of Contract with reference to the above-entitled matter. Would you kindly return a copy of this claim after you have filed the same and acknowledged receipt of the claim. A copy of this claim has also been sent to the County Clerk. Enclosed please find a return address envelope for your convenience in returning the claim to us. Very truly yours, J. Michael Amis JMA/mp encls. /cc: County Clerk, Contra Costa County (w/encls. ) 1 HUOVINEN, WHITE & GIAMBRONI I L u Attorneys at Law 2 1330 Broadway, Suite 1428 Al I T2 Oakland, CA. 94612 V%'. T. PAASCH 3 (415) 834-6561 c'-=^K BOARD Of SUPERVISORS NTR A a. ��0,�,; BY5j =A K DOPUI" ' 5 6 7 8 Claim of SANDERS RANCH, INC. , PURDUE HOMES, INC. , and CLEMSON 9 HOMES, INC. , all California CLAIM FOR DAMAGES corporations , doing business as NEGLIGENCE AND BREACH 10 LAFAYETTE DOWNS CO. , a partner- OF CONTRACT (§910 ship, Government Code) 11 Claimants, 12 against 13 COUNTY OF CONTRA COSTA, California. 14 / 15 TO: THE BOARD OF SUPERVISORS , COUNTY ADMINISTRATOR, and COUNTY 16 CLERK: 17 YOU ARE HEREBY NOTIFIED that SANDERS RANCH, INC. , PURDUE HOMES, 18 INC. , and CLEMSON HOMES, INC. , doing business as LAFAYETTE DOWNS 19 CO. , a partnership, whose address is 121 Ellis Street, Suite 471, t 20 Concord, California, claim damages from the COUNTY OF CONTRA COSTA 21in an amount unknown to claimant at the= present time, claimant 22 requesting leave to amend this claim when said amount becomes kno*,an.' 23 This claim is based on negligence and breach of contract on the! 24 part of COUNTY OF CONTRA COSTA under the following circumstances : j 25 1. On or about November 30, 1971, the County Surveyor, NORMAN 26 L. HALVERSON, and the Planning Commission, approved the tentative -1- I t I map for Subdivision #3987. The tentative map provided for thirty 2 (30) residential lots. 3 2. That during the period between November 30, 1971 and 4 April 24, 1972, NORMAN L. HALVERSON, and possibly others employed 5 by the COUNTY OF CONTRA COSTA, advised BRYAN & MURPHY ASSOCIATES, 6 INC. , that a final map providing for thirty-one (31) residential 7 lots would be in substantial compliance with the tentative map al- 8 ready approved. 9 3. That as a result of the advice and recommendation given by I 10 MR. HALVERSON, and possibly other County employees, a final map was 11 prepared by BRYAN & MURPHY ASSOCIATES , INC. and subsequently 12 approved by the Board of Supervisors providing for thirty-one (31) 13 residential lots. 14 4. On April 17 , 1972, COUNTY OF CONTRA COSTA, acting by and 15 through its Board of Supervisors, and claimant entered into a con- 16 tract pursuant to the provisions of Sections 11611 and 11612 of the 17 Business and Professions Code providing for improvements to streets j 18 and easements. That a material part of said contract was the cov- 19 enant by the County that in consideration hereof, County shall 20 allow subdivider to file and record said subdivision map, and 21 recognizes this subdivision as one complying with State laws and 22 County ordinances. " A copy of the contract is attached hereto as i s . 23 Exhibit "A" and is incorporated herein by reference. I i 24 5. That on May 25 , 1972 , Action No. 131500 was 'filed in the 25 Superior Court for Contra Costa County, alleging that Subdivision i 26 #3987 was invalid in that the final map of said subdivision is not -2- f I in substantial compliance with the tentative map. The Complaint 2 alleges that the lack of substantial compliance is based on includ- 3 ing the one (1) additional lot on the final subdivision map. On 4 such information and belief, claimants allege that the COUNTY OF 5 CONTRA COSTA, acting by and through its Board of Supervisors; 6 NORMAN L. HALVERSON, and other employees of the County, directly 7 caused a void final map, and a void subdivision, to be finally 8 approved by the Board of Supervisors and recorded. That such acts 9 and conduct constitute negligence and breach of contract. 10 6. That as a result of said negligence and breach of contract, 11 claimant has been damaged in an amount presently unknown, and claim- 12 ant shall amend its claim to include the amount of said damages 13 when same have been ascertained. 14 The amount claimed as of the date of this claim is computed as 15 follows: 16 DAMAGES INCURRED TO DATE: l 17 Loss of sale of two (2) lots . . . . . . . $ 25,000. 00 Attorney's fees. . . . . . . . . . . . . . . 2,000. 00 18 TOTAL DAMAGES TO DATE. . . . . . . . . . . . . $ 27,000.00 { 19 { ESTIMATED PROSPECTIVE DAMAGES AS FAR AS KNOWN: 20 Loss of investment and profit in sub- 21 division #3987. . . $1,725,000. 00 Attorney's fees. . . . . . 10,000.00 22 $1,735,000.00 23 i TOTAL AMOUNT CLAIMED AS OF DATE OF 4 24 PRESENTATION OF THIS CLAIM. . . . . . . . . . $1,762,000. 00 25 All notices or other communications with regard to this claim 26 should be sent to claimant in care of HUOVINEN, WHITE & GIAMBRONI, -3- }I r 1 Attorneys at Law, 1330 Broadway, Suite 1428,. Oakland, California. 2 Dated: August 21, 1972 3 4 LAFAYETTE DOWNS CO. 5 D W. LOCKWOOD 7 ' Attorney in fact 8 . 9 10 12 13 14 15 16 17 18 19 20 21 Z . 22 23 24 25 26 f In the Board of Supervisors of Contra Costa County, State of California October 3 19' In the Matter of Request from Mr. Daniel Garber for Removal of a County Lien Against His Property. The Board having received a letter dated September 280" 1972 from Mr. Daniel Garber, 22 Bryan Avenue, Antioch, California 9 .509 requesting that a County lien in the amount - of $625.50 filed against his former residence at 35 Jefferson Street, West Pittsburg, California be removed and transferred to his present home to permit the sale of the Jefferson Street property. On motion of Supervisor J. P. Kenny, seconded by Super- visor J. E. Moriarty, IT IS BY THE BOARD ORDERED that said letter is REFERRED to the County Lien Committee. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, B. A. Linscheid. NOBS: done. ABSENT: None. i 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: Mr. Daniel Garber Witness my hand and the Seal of the Board of County Lien Committee Supervisors c/o County Administrator affixed this_3r�day of Qg tobez! , 19 72.. County Administrator W. T. PAASCH, Clerk County Counsel B Deputy Clerk Y P tY Hanay Iruaaham H 24 7/72-15M 22 Bryan Avenue., Antioch, Calif. '94509 Sept. 28, 1972. Mr. Edmund A. Linscheid, RE9cT WED Supervisor Dist . No. 52 215 Civic Avenue, -47 2 Pittsburg, Calif, 94565. W T. P A A S C H CLE BOAR D OF SUPERVISORS `goNIRA STA CO. Dear Mr, Linscheid• my Deputy I am writing you at the suggest :on of Mr. Ray Banks , Realtor. When I sold my house at 35 Jefferson Street, West Pitts- burg recently, it was discovered there was a lien by the. County for the sum of $625.50 against the house. This was for treatment received by my family at the County Hospital some years ago. The 'above sale cannot be completed unless this lien.,is lifted and transferred to my present home at 22 Bryan Avenue, Anti=och. If this can be arranged, I will pay the County $154.18, which is the amount I will clear from the sale of my former house. In addition, I agree to pay $10.00 a month to the County until the bill is paid. Your assistance in this matter will be very much appreciated. Sours truly, Daniel Garber. I�IY its W° CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: EDDIE C. TMONS Address : Contra Costa County Rehabilitation Center, Clayton, California Attorney: RYAN & PISOR, 680 Beach St., Suite 324, San Francisco, CA 94109 Amount : $10,000 Date Filed : September 20, 1972 WAVVffiV8 )WXWA-UMXXX By mail , postmarked 9 19-72 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: Sept. 20, 1972 W. T. PAASCH, By oro La �ar� 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 reco end referral to : ( ✓County' s general insurance carrier; ( ) Other insurance carrier; County Counsel . DATED: �1 1q7� JOHN B . CLAUS EN 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 September 25, 1972 (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 September 26, 197 and memo thereof filed and endorsed on c aim, per Government Cod ection 2 r DATED: September 26, 1972 W. T. PAASCH, By a Petrie 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: September 26, 1972 Public Works , By DATED: September 26, 1972 County Counsel , By BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: J EDDIE C. TIMMONS ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: The Board' s order of September 25, 1972 denying the above-captioned claim, together with "Notice of Denial" of same to the following: EDDIE C. TIMMONS c/o Ryan & Pisor 680 Beach Street, Suite 324 San Francisco, California 94109 I declare under penalty of perjury that the foregoing is true and , correct. Dated: SeRtember 26, 1972 at Martinez, California . r v7 Deanna Petrie Deputy er FILED 4`` �E '�iC W. T. PAASCH -71-500 Ci OBOARD OF SUPERVISORS eYY/ isi. T��j'�D��Y THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: EDDIE C. TIMMON9 c/o Ryan & Pisor 680 Beach Street, Suite 324 San Francisco, California 94109 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on September 20, 1972 was rejected by the Board of Supervisors of said county on September 25, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: September 26, 1972 W. T. PAASCH, CLERK By •anna FeMe Deputy Clerk cc: Pacific Indemnity Company Attn: Mr. Dick Nachtshein IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA September 25 197'2 In the Matter of ) Claim for Damages. ) Eddie C. Timmons, Contra Costa County Rehabilitation Center, Clayton, California by and through his attorneys, Ryan & Pisor, 680 Beach Street, Suite 32b., San Francisco, California 94109 having filed with this Board on September 2 0,197 2 , claim for damages in the amount of $ 10, 000 ; NOW, THEREFORE, on motion of Supervisor W. N. Boggess , 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, W. N. Boggess, B. A. Lins.cheid. . 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 25th day of September , 197 2 W. T. PAASCH, CLERK By Deanna Petrie Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator Sheriff I RYAN & PISOR 680 Beach St. , Suite 321+ 2 San Francisco 94109 r�. 673-2300 ._.� 3 Attorneys for Claimant 4 5 F 11 LES 6 SEP 20, 1972 W. T. PAASCH CLCRK BOARD OF SUPERVISORS fEDDIE C. TIMMONS, j Co TRA COSTA CO.�puty , j By 9 ; Claimant , } No. 10 :1 vs. ) CLAIM FOR DAMAGES V COUNTY OF CONTRA COSTA. j } 12i lz EDDIE C. TIMMONS presents his claim. for damages, pur 14: suant to Government Code Sections 905 and 910, as follows: 15 ! A. Claimant is Eddie C. Timmons, Contra Costa County �6 Rehabilitation Center, Clayton, California. 17 B. Notices are to be sent to Ryan & Pisor, 680 Beach 18 St. , Suite 324, San Francisco, 94109. 19 C. Accident took place September 9, 1972. At that 20 time, claimant was accidentally given Calamine lotion to take 21 internally. Claimant thereafter suffered stomach cramps and 22 other symptoms. The County pumped his stomach and prescribed 23 new medication. 24 D. Claimant suffered stomach pains, nausea, and other 25 symptoms for a long period of time. 26 E. Names of public employees responsible for this 27 accident are not known at this time. 28 F. Amount claimed for general damages is $10,000. 29 DATED: September 18, 1972. 30 RYAN & At o ` ' a' nt 31 f , 32 RYAN t PISOR ATTOR14CYN AT LAW - - 680 BEACH ST.. BIJITC 924 SAN FRANCISCO 94109 673-2300 M o0 N� wo o0 W C6 wd m o � ° vv it Ul a5a0 a Z► ouS 4a�za ' r aw aG $ Za CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: Randy Patterson Address : 81 Inlet Drive, Pittsburg, California Attorney: George S.V. Kilbourne, SHERBOURNE & KILBOURNE, 70 Doray Dr. P. 0. Box 23576, Pleasant Hill, CA Amount: $100,000 general damages plus medical expenses actually incurred. Date Filed : September 11, 1972 Bdeliver to Clerk via X �j��� Amnis— trator 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 Sections 9 and 910. 2? DATED: September 11, 1972 W. T. PAASCH, By Do by 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 : ( j Board may not act on claim until 15 days after notice is given by this offi';ce; ( ) Do not file claim, time limits have expired _ We 1^ecommgjemd referral to : ( County ' s general insurance carrier; ( Other insurance carrier; ( County Counsel . DATED: 12 1, t 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 September 19, 1972 (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 September 21., 19721 and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED: September 21, 1972 W. T. PAASCH, By 11e .4 . Nancy Ingr am, 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: September 21, 197;2'ubl i c Works , By DATED: September 21, 197Sounty Counsel , By ! BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING • In the Matter of FILED Claim for Damages: RANDY PATTERSON S.EP 1572 W. T. PAASCH CLERK BOARD OF SUPERVISORS `` CONT A COSTA CO. J By f eputy I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of the Board ' s order of September 19, 1972 denying the above-captioned claim, together with "Notice of Denial" of same to the following: Randy Patterson c/o George W. Kilbourne SHERBOURNE & KILBOURNE Attorneys at Law P. 0. Boa 23576 Pleasant Hill, California .94523 I declare under penalty of perjury that the foregoing is true and-.. correct. Dated: September 21. 1972x_, at Martinez, California . Deputy. er. . 4-71-500 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: RANDY PATTERSON c/o George W. Kilbourne SHERBOURNE & KILBOURNE Attorneys at Law P. 0. Box 23576 Pleasant Hill, California 94523 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on September 11. 1972 Was rejected by the Board of Supervisors of said county on September 19, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: September 21, 1972 W. T. PAASCH, CLERK B� Nan6#_ abam Deputy Clerk IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA September ig'_'_ In the Matter of ) Claim for Damages. ) Randy Patterson, 81 Inlet Drive, Pittsburg, California by and through George W. Kilbourne, SHERBOUME & KILBOURAtE, Attorneys 'at- Law- 70 at Lax;70 Doray Drive, P. 0. Box 23576, Pleasant Hill, California having filed with this Board on September 11 197 2 , claim for damages in incurred the amount of $ 100,000 general damages plus medical expenses actually/ ; 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. R. Moriarty, W. N. Boggess, R. A. Linscheid. 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 19th day of September , 1972 W. T. PAASCH, CLERK By mancy am Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator T' ! CONTRA COSTA .CO. RECEID SEP . $ 1972 off.CDU* Adm NOTICE OF SUSTAINING PERSONAL INJURY TO: COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA Take notice that claim is hereby made for claim for personal injuries against the County of Contra.Costa,, State of California. Claimant: Randy Patterson -81 Inlet Drive Pittsburg, ;California Notices: Notices are to be sent tot GEORGE W. KILBOURNE SHERBOURNE & KILBOURNE 70 Doray Drive P.C. Box 23576 Pleasant Hill, California Date of_Injury: June 12, 1972 Place of. Injury Medical Clinic Cleveland Road Pleasant Hill, California Facts: On or about June 12., ,.197.2 ' claimant presented himself at the Medical Clinic in accordance with an appointment previously made for the performance` of a vasectomy on him. At that . - time the vasectomy was performed �* by a physician for the County. ---- Shor t1y thereaf ter, claimants's testicles .swelled to an 'abnormal ` size as a result of the action x S�P�• j�, �g�' ' in perfo-ming the vasectomy, and L P�4A$ as yet, have not returned to R Qf V� their normal size. -1- Injury.or :Loss'• _ In7ury is claimed by clai.mant barway of.personal injuries because of the pain, discomfort acid :suffering accompanying' ity., anguish;- . embaiassment and `pain. and suffering from the foregoing action.. The exact nature: .and extent of the injuries,:is not known: at this time. Employee responsible: _Dr-...-Barry Knox. ,. Amount. Claimed: $100,.000,00 .general damages .plus..medical expenses 'acy incurred. s7 F -2- CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: Transamerica Insurance Group for their Insured, Ruth M. Craig, by Patrick J. Crowley, Claims Representative Address : 3640 Grand Avenue, Oakland, California 94610 XAC�� Amount : $757 Date Filed : September 8, 1972 By delivery to Clerk 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 CodeSections 9 and 910. 2? DATED: September 8, 1972 W. T. PAASCH, By Dor thy zzarini 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 y 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.).. JOHN B . CLAUSEN, By 11% Ddputy 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 September 19, 1972 (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 September 2.1, 197? and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED : September 21, 1972 W. T. PAASCH , NanI raham, 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: September 2s, 1972Public Works , By �.� -c✓ -r''`��.�% DATED: September 21, 1972County Counsel , Byb, /�t-s�� BOARD OF SUPERVISORS, . CONTRA COSTA COUNTY,. CALIFORNIA AFFIDAVIT OF MAILING In the Matter. of Claim for ) Damages: F I LEIJ RUTH M. CRAIG ) Z1 172 } W. T. PAASCH CLERK BOARD OF SUPERVISORS CONT COSTA 0. I By Deputy I declare under penalty of perjury that I am now. - and at all times herein mentioned have been, . a citizen of the United States, . over age 21; : and that today I deposited in the United States Post Office in Martinez, . Calif ornia, postage fully"7- prepaid, . a certified copy of The Board ' s order of September 19, 1972 denying the above-captioned claim, together with "Notice of Denial" of same to the following: . Transamerica Insurance Group For Ruth M. Craig, Insured by Patrick J. Crowley, Claims Representative 3640 Grand Avenue Oakland, California 94610 I declare under penalty of perjury that the foregoing is true and correct. . Dated: September 21, 1972 , .at Martinez, . California . . I 72zia�_ V C/ epu F er ; 4-71-500 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: RUTH M. CRAIG c/o Mr. Patrick J. Crowley, Claims Representative Transamerica Insurance Group 36 .0 Grand Avenue Oakland, California 94610 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on September 8, 1972 was refected by the Board of Supervisors of said county on September 19, 1972 . WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: September 21, 1972 W. T. PAASCH, CLERK Bylr� Deputy Clerk r-,Zr- IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA September 19 , 19TH In the Matter of ) Claim for Damages. ) Transamerica Insurance Group fbr their Insured, Ruth X. Craig, by Patrick J. Crowley, Claims Representative 3640 Grand Avenue, Oakland, California 94610 having filed with this Board on September 8 , 197 2 , claim for damages in the amount of $ 757 ; 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. fenny, A. M. Dias, J. R. Koriarty, W. N. Boggess, R. A. Linscheid. NOES: None. ABSENT: Bion. 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 19th day of September , 197=- W: 97 2 .W: T. PAASCH, CLERK By - am Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator • ® Property and Casualty Insurance 3640 Grand Avenue Oakland,California 94610777FFF from TranxamerieaCoryorntiou Transamerica Insurance Company TPH"Gameplea Insurance croup 1{8leerine/nxuraneeCompany Premier Insurance Company Riverside Insurance Company Canadian Surety Company September 7, 1972 AutomotiveInsurance.Company REQ TED W. T, PAASCH Board of Supervisors rm&]at� � F e vtsoas Contra Costa County �A� ��� P. 0. Box 911 �epotr Martinez, California 94553 RE: Our File : 827170244 Insured : Ruth M. Craig D/Loss 8/15/72 Gentlemen: On August 15, 1972 at about 10:30 p.m, our insured's vehicle went out of control on Kirker Pass Road and went off the road. The car was a total loss. Our insured reports that she was injured. The cause of the loss was excessive loose gravel on the roadway. California Highway Patrol report number 8-213 confirms these facts. We are looking to you for reimbursement of the loss which is $757. 00. This includes our insured's $100. 00 deductible which we will refund to her. We are enclosing copies of our draft and Proof of Loss. May we please hear from you regarding this. m ytive PJC:sgh Enclosures i SW& STATEMENT IN PROOF OF *SS 9 aZ�� $ , (� (AUTOMOBILE) COMPANY CLAIM NO. AMOUNT OF POLICY OUR FILE No. DATE ISSUED POLICY NO. CERT. NO. EXPIRATION DATE AGENCY AT TO _ ^ `"', ''„' 444 A&V1d,!!t&e le, 4COMPANY AGENT- of- GENTof dos Name of y your Policy of liunrance above described, you insured Insured— ::5ffl 11�1 rh (HEREINAFTER CALLED INSURED) ACCORDING TO THE TERMS AND CONDITIONS CONTAINED THEREIN, INCLUDING THE WRITTEN PORTION THEREOF AND ALL ENDORSEMENTS, TRANSFERS AND ASSIGNMENTS ATTACHED THERETO, ON AUTOMOBILE DESCRIBED AS FOLLOWS: MAKE TYPE OF BODY I YEAR MODEL ITONNAGE SERIAL NUMBER MOTOR NUMBER far bn PT h7 COVERAGE AGAINST THE PERILS of C L DATE OF LOSS A Loss occurred on theday of 19 about the hour of 3 d o'clock M., which loss upon the best knowledge a b ief of 1 sured was causedby CAUSE LOCATION WARRANTIES Insured's occupation or business is Employer's name and address Said automobile is principally garaged in the town or city o state of PURCHASE SAID AUTOMOBILE WAS purchased from by Insured (NEW OR USED) on 19 Cash $ Trade Allowance $ and_notes'.of $ a total cost of $ and at the time of said loss the unpaid balance of purchase price was $ When your policy was issued to the Insured. Insured was the sole and unconditional owner of the automobile described.' No incum OWNERSHIP brance of said property existed nor has since been made nor has there been any change in ther title, use, location or possession of said automobile. VALUE THE ACTUAL CASH VALUE of above described automobile at the time of said loss was . $ :,S 7 WHOLE LOSS THE ACTUAL LOSS AND DAMAGE to above described automobile as a result of said loss was .tt 12-J . $ (AS SHOWN BY ANNEXED SCHEDULE) LESS AMOUNT OF DEDUCTIBLE . . . . . . . . . . . . . . . . . . . . . . . . . $ jo AMOUNT INSURED HEREBY CLAIMS OF THIS COMPANY and will accept from this Company in full release and satisfac CLAIMED tion in compromise settlement of all claims under this policy the sum of . . . . . . . . . . . § 5 WHOLE THE TOTAL INSURANCE covering peril above stated, including this policy and all other policies (whether valid INSURANCE or not), binders or agreements to insure, was at the time of said loss . . . . . . . . . . . . . . . $ ASSIGNMENT Upon payment of claim for total loss by theft of automobile above described, the Insured does undertake to execute all instruments. OF INTEREST necessary to transfer, assign and set over unto the Insurer all rights, title, and interest in said automobile, and will help the said: Insurer, or proper authorities, to identify said automobile, if found, and will render all assistance possible to recover the said auto- mobile or to apprehend the thieves. SUBROGATION The Insured hereby covenants that no release has been or will be given to or settlement or compromise made with any third party who may be liable in damages to the Insured and the Insured in consideration of the payment made under this policy hereby sub:ogates the said Company to all rights and causes of action the said Insured has against any person,persons or corporation whomsoever for damage arising out of or incident to said loss or damage to said property and authorizes said Company to sue in the name of the Insured but at the cost of the Company any such third party, pledging full cooperation in such action. STATEMENTS The said loss did not originate by any act, design or procurement on the part of the Insured or this affiant; nothing has been none by = OF INSURED or with the privity or consent of Insured or this affiant, to violate the conditions of this policy, or render it void: all artic::s rnen- tioned herein or in the schedule annexed hereto belong to said automobile and were in possession of the Insured at the time of said?ass: no property saved has been in any manner concealed: no attempt to deceive the said Insurer, as to the extent of said loss, has in any manner been made, and no material fact is withheld that the said Insurer should be advised of. Any other information that may be required will be furnished on demand and considered a part of this proof. The furnishing of this blank or the preparation of proofs by a representative of the above insurance company is not a waiver of any of its rights. State of County of Insured. Subscribed and sworn to before me +I s day of 19 UNIFORM STANDARD Form No.AP-12-B Notary Public. PRINTED IN V.S.A y y` r ACC, Y�-irnelnr t.•1••nor 16-ib3 RG CO AGLNi .M._ o.��►OL. r0.�-rro.,_•t._S.S. TTS[ 7t�1 7'( y�.r� '.A 25.26127 26•za 30 31 32.32- p-Tt1 �r�G- DROAFT 4- 2 O V: ! ,J„L,2 :33 a' I `. ,. ♦ 1 LOC. - ACCID_CjHT LOST VAT C POLICY ON BOND NO;(16.22) s*/s. 1 MD t?) DA Y�.•YR.fI/•151 /�j� TRANS, CAT NO' C.T, TAY LILAC /'GRIL CU33 STATC YCRII, $[[STAT.CLOCK CL. "� "' J L •�. 6 TRANS. ]6 37 J6J! t0 6t•67 A430 S1.S2 33.36 37.36 Si•60 6/ 62 63 64 S5 66 f¢•!• i X.S.30 Y•N P•Y,C.6. 41 47 /ILC NO,(70.711- SUP.71 1 1 ----�----- ------ ------- --►..- ----•--- •----- ------------------ ------ ------�---- ---- -._ .... ._.. ..- ��- -�----- ---r--- - -------...----- 1. .__ i__-___._ INSURCO OR P INC/PAL AOCNCY - - n PA o ��DOLLARS {�•'— IN PAYMENT OF:�t TO THE i i � 11 C L - ORDCR OF1�AL r • I • �rC /r��'���''Jt�, /� PAYAOLE - THROUGH BANK OF AMERICA / ` R NT SSA S •� • (` (,J� OCCIDENTAL CENTER BRANCH L.A..CALIF.9DO15� RCINSY RANCC—RCC[IVABLCS AFtROVEDs kuron,24rp sIGNATu E TT►11 X3.77 frAR6 ANDYNY 161.47) IVY.is) - DRAFT PAYAVI�" i • 1 w } x a` p o nk Q p C • Q O A A d � ronc� sv O O rto4n is w . R, � su m to o N O 0.H3 V X ♦O r^ W V, ' c� ca rt I-j t✓ m P. n tj N• *c co� �n Ln Ln U) v th AA AA RAAAA ARRA CLAD AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: DAVID M. SIMES Address : 5619 Doremus Avenue, Richmond, California 94805 Attorney: Levy & Van Bourg, A Professional Corporation 45 Polk Street, San Francisco, California 94102 Amount: $75,000 (in excess of) Date Filed : August 25, 1972 )MKV*XLW By mail , postmarked �3s 1972 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 25, 1972 W. T. PAASCH, Byeanna a rie 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 Section ( • • 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 reco nd referral to : County ' s general insurance carrier; ( ) Other insurance carrier; ( ) County Counsel . DATED: JOHN B . CLAUSEN, B v 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 September 19 1972 (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 Se tember 21 1972, and memo thereof filed and endorsed on claim, per Government Code Section 29703 . DATED: September 21, 1972 W. T. PAASCH, By Nanef Ing sham, 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: Setitember 21, 1972Public Works , By T DATED: September 21, 1972 County Counsel , By 6(L (f�•..-u, :,;,7- NOTICE OF INSUFFICIENCY To: David M. Kimes c/o Levy & Van Bourg 45 Polk Street San Francisco CA 94102 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. 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. CLAUSE County Counsel By Deputy Count Couns 1 Michael D. Farr CERTIFICATE OF SERVICE BY MAIL (C.C.P. §T1012, 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: a„�„st 98* 197P at Martinez, California. ,7 MDF:mk cc: Clerk of Board of Supervisors (original) L_-*' Public Works Department CC-33 :250 :1/72 (Notice of Insufficiency of Claim; Govt .C. §§910, 910.2, 910.41 910.8) BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of } FILED ! Claim for Damages: ) DAVID M. KIMES 1 19 12 W. T. PAASCH CLERK BOARD OF SUPERVISORS CONT COS ACO. By Deputy I declare. under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the. United States Post Office in Martinez, California, postage -fully prepaid, a certified copy of 'the -Boardts Order of September 19, 1972 DENYING the above-captioned claim, together with notice of such denial dated September 21, 1972 to the following: DAVID M. KIMES c/o Levy & Van Bourge A Professional Corporation Attorneys at Law 45 Polk Street San Francisco , California 94102 I deelare under penalty of perjury that the" foregoing is true and correct-* Dated: September 21. 1972 , at Martinez, California . NancWlngrWam, Deputy Clbrk 4-71-500 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: DAVID M. KIMES c/o Levy & Van Bourge A Professional Corporation Attorneys at Lata 45 Polk Street San Francisco, California 94102 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on August 25, 1972 was rejected by the Board of Supervisors of said county on September 19, 1972 . WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: September 21, 1972 W. T. PAASCH, CLERK By .may Raney Ingyanam Deputy Clerk IN THE BOARD OF SUPERVISORS OF CONTRA COSTA ,COUNTY, STATE OF CALIFORNIA September 19 In the Matter of ) Claim for Damages. ) David M. mimes, 5619 Doremus Avenue, Richmond, California 94805 by and through Levy & Van Bourge, A Professional Corporation, Attorneys at Lax, 45 Polk Street, San Francisco, California 94102 r; having filed with this Board on August 25 1972 , claim for damages in the amount of $ 75,000 (in excess of) 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: J. P. Kenny, A. H. Dias, J. N. Moriarty, W. N. Boggess, E. A. Linscheid. 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 thigthi9igardday ofof p3ePtembaraffiaed 197 . W. T. PAASCH, CLERK By �. ._ Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator 7►Bl:F.LEVY JEROLD L.PERRY VICTOR J,VAN BOURG HOWARD L.BERMAN JACK P.KOSZdiN BARRY J.WILLIAMS MERVIN N.GLOW N.MICHAEL RUCKA ARLEIGH WOODS LAW OFFICES - - PETER PELKOFER GERALD J.TIERNAN _ MICHAEL 0.ROGER WALTER KLEIN L TY & jA� ROTRG LAURA O.BRUYNEEL VERNON GOLOSCHMID A PROFESSIONAL CORPORATION - JACK LMNS ERNEST SROLOFF 45 POLK STREET JOHN C.SMITH GEORGE ALLEN - FELIX SMITH STEWART WEINBERG SAN FRANCISCO, CALIFORNIA 94102 MARK WURM THOMAS S.MULLIGAN TELEPHONE (415) 664.4000 LOS ANGELES OFFICE August 23, 1972 1920 WILSHIRE BOULEVARD, LOS ANGELES,CALIFORNIA 90017 TKL6►HONC(213)483-9630, r Board of Supervisors County of Contra Costa Martinez Administration Building Martinez, California RECEIVED AUG?51972 W. T. PAASCH CLERK 40 Ch gUP pVII90" NT A Cb87 �O. Re: David M. Kimes By Gentlemen: Enclosed herewith for filing please find original and one copy of Claim Against County of Contra Costa, filed on behalf of our client, Mr. Kimes. Please return the copy to us with your filing information. We would appreciate your advising when this item will come up on your agenda. Very truly yours, , GERALD J. TIERNAN GJT:am ope3 afl-cio(1) Enclosures (SPACE BELOW FOR FILING STAMP ONLY) 1 LEVY & VAN BOURG A Prolenloual Corp md= ATTORNEYS AT LAW 2 43 POLK STR[[T F I L D SAN FRANCISCO,CALIFORNU 94102 EZ 3 TLL[PHON[(413)864-4000 4 VJ. T. PAASCH 01 r&K POARO OR allPERVISOjaB 5 Attorneys for C laimant ay o ?a Nrpa��. p�plilgf 8 7 DAVID M. KIMES, ) NO. 8 Claimant, ) 9 VS. ) CLAIM AGAINST 10 COUNTY OF CONTRA COSTA, ) COUNTY OF CONTRA`COSTA 11 Defendant. ) 12 13 To: Board of Supervisors, County of Contra Costa, Martinez Administration Building, Martinez, California 14 15 (a) Name and address of claimant: 16 David M. Kimes 5619 Doremus Avenue 17 Richmond, California 94805 18 (b) Please address all notices to Levy & Van Bourg,. A 19 Professional Corporation, 45 Polk Street, San Francisco, 20 California 94102. 21 (c) This claim arises out of an incident which occurred Yj 22 on or about May 28, 1972, when claimant was involved in a 23 collision at the intersection of Arlington Avenue and Del Monte 24 Street, which intersection is owned, operated, maintained, and 25 controlled by the City of E1 Cerrito, County of Contra Costa, -1- 1 which intersection is a defective highway, causing said collision 2 to occur, thereby causing injuries and damages to claimant 3 Proximately thereby. 4 (d) The extent of the claimant's injuries and damages is` 5 at this time unknown as no statement or medical report has yet g been received. 7 (e) The amount of this claim is indefinite, but is in 8 excess of $75,000.00. This claim is submitted on behalf of. the,.!'-,,, g claimant by his attorneys, Levy & Van Bourg, A Professional 10 Corporation. 11 DATED: August 23, - 1972. 12 13 LEVY & VAN BOURG A Professional Corporation 14 16 By: 16 GERALD J. TIERNAN Attorneys for Claimant 17 18 19 20 21 ` 22 23 24 25 �w�« -2 i a 1 0 ♦♦ww 0� QP �V ¢� Q 4r � yy�o Ov 2 '�� ,�►40�� Q yr • ' LAW OFFICES v-:- L' & VAN BOURG A PROFESSIONAL CORPORATION 45 POLK STREET _ yQ�FRANp�Sn SAN FRANCISCO,CALIFORNIA.94Ip2 372 i CALIF• _.- t. < r _ In the Board of Supervisors of Contra Costa County, State of California. September 5 19 ; In the Matter of Claim for Loss of Personal Property. This Board on August 22, 1972 having-referred to` the County Administrator a claim in the amount of $20 submitted by Mrs. Ernest Williams, Box 972, Clearlake Oaks, California for. personal property lost by her daughter, Loretta J. Williams, while in the custody of the County Sheriff; and The Board having considered the circumstances which resulted in the loss of personal property giving rise to said claim; and On motion of Supervisor J. E. Moriarty, seconded by `, Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that payment of the claim is AUTHORIZED, and the County Auditor-Controller is DIRECTED to issue a warrant in the amount of $20 to Mrs. Ernest Williams. The foregoing order was passed by the following vote, of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N Boggess, E. A. Linscheid. 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 cc: Mrs. Williams Supervisors County Auditor affixed this 5th day of September, 1972 County Sheriff WT. pAASCH, Clerk County Administrator W. zz Deputy Clerk s e Fidiptt H 24 7/72-15M In the 'Board of Supervisors of Contra Costa County, State of California August 22 - 19:7 In the Matter of Claim for Loss of Personal Property. This Board having received a letter from Mrs. Ernest ;Williams, Box 972, Clearlake Oaks, California, submitting a claim in the amount of $20 for personal property (purse) lost by her daughter, Loretta J. Williams , while in the custody of the County Sheriff: on May 18, 1972; On motion of Supervisor A. M. Dias, seconded by Supervisor W. N. Boggess , IT IS BY THE ,BOARD ORDERED that this matter, is REFERRED to the County Administrator. . r The foregoing order was passed by the following vote.: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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: Mrs Williams Witness my hand and the Seal of the Board of Administrator Supervisors Sheriff affixed this 22nd day of August , 19 72 _W. T. PAASCH, Clerk By Deputy Clerk Lourette Kincaid H24 7/72-15M +' r IRE V W. T. PAASCH �} CLERK BDO�ARDA�F SUPERVISORS By DeputY . IL R]XRKB EIVE • PAASCHCLco A CF T SUPERVISORS 61Y JMV.tY vv J _ _ _,W. t /- 47 _ ` OFFICE OF THE SHERIFF-CORONER CONTRA COSTA COUNTY WAITER F. YOUNG i SHERIFF-CORONER P.O. BOX 391 - : MARTINEZ. CALIFORNIA 94553 Aug. 9, 1972 Miss Loretta J. Williams 790 Alhambra Road El Sobrante, California Dear Miss Williams: An examination into the circumstances surrounding the loss of your purse while you were in custody May 18, 1972 revealed that it was probably placed on top of a Sheriff' s patrol vehicle when the officer opened the door for your entry, and while enroute to Juvenile Hall, the purse probably fell from the car and was lost. We sincerely regret the loss. Recovery can be claimed by writing a letter to the County Board of Supervisors indicating the value of the loss which will be duly considered. Very truly yours, WALTER F. YOUNG, Sheriff-Coroner ry D. amsay, U ers e i f HDR/hva CC: Capt. N. Holthus Com. , Patrol Division in the Board of Supervisors of Contra Costa County, State of California September 5 19 72 In the Matter of Payments for Damage to Property. The County Administrator having advised the Board that a number of claims for payments for the repair of personally owned automobiles bad been received from employees who worked during the strike and whose cars were damaged by unidentified persons while the employees were on duty; and The County Administrator having advised further that said claimants had been instructed to file claims with their insurance carriers, but that the damage in some cases was not covered, or was inadequately covered, by insurance; and The County Administrator having stated that in his opinion, under the circumstances which prevailed, it would be equitable for the County to make payment of reasonable claims not covered by insurance or inadequately covered by insurance and that he so recommended; and The County Administrator having pointed out that his recommendation for payment of said claims was made subject to the reservation that any requested payments in substantial amounts would- be referred to the Board for review; NOW, THEREFORE, on motion of Supervisor J. E. Moriarty, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the aforesaid recommendation of the County Administrator is APPROVED. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. 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: County Administrator Witness my hand and the Seal of the Board of County Auditor-Controller Supervisors County Counsel affixed this 5th day of September , lg 72 -� W. T. PAASCH, Clerk ByDeputy Clerk eanna Fetrie H24 7/72-ISM a r CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimants VIkRREN C. SCOTT, PATRICIA A. SCOTT, and ELIZABETH S. SCOTT Address : 2406 Carlson Boulevard, Richmond, California Attorney: Jack C. Runnion, Attorney at Law, Suite 125, Professional Bldg. , E1 Cerrito Plaza, El Cerrito, CA Amount: $25:000 Date Filed : August 24., 1972 ENFERM By mail , postmarked not legi'6I 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 24, 1.972_ W . T. PAASCH , By_`1t0;`roy Laz arini 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 . tj DATED: JOHN B . CLAUSEN, By &W14z/ lepUty 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 September 5, 1972_(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 September 6,1972 , and memo thereof filed and endorsed on claim, per Government Code Section 221-03 . DATED : September 6, 1972 W . T. PAASCH, By arena f et c 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: September 6, 1972Public Works , By DATED : September 6, 1972County Counsel , By i j BOARD OF SUPERVISORS, CONTRA COSTA COUNTY; CALIFORNIA' AFFIDAVIT OF MAILING In the Metter of Claim for ) Damages: ) WARREN C. SCOTT, PATRICIA A. ) SCOTT, AND ELIZABETH S. SCOTT) I declare under penalty of per that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez, California, postage fully prepaid, a certified copy of: The Boardts order of September 5, 1972 denying the above-captioned claim, together with "Notice of Denial" of same to the following: WARREN C. SCOTT, PATRICIA A. SCOTT, and ELIZABETH S SCOTT c/o Jack C. Runnion, Attorney at Law Suite 125, Professional Bldg. El Cerrito Plaza El Cerrito, California 94530 I declare under penalty of perjury that the foregoing is true and..11111 correct. Dated: September -b; 1972 --,-- , at Martinez, California. Deanna Petrie. ...... Deputy CleFILEDr SEP (51972 W. T. PAASCH CL4LRK BOARD OF SUPERVIGORS CONT CO. ay wavnW 4-71-500 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: VARREN C. SCOTT, PATRICIA A. SCOTT, and ELIZABETH S. SCOTT c/o Jack C. Runnion, Attorney at Lax Suite 125, Profeanional Bldg. El Cerrito Plaza Fel. Cerrito, California 94530 NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on August 24, 1972 was rejected by the Board of Supervisors of said county on September 5, 1972 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: September 6, 1972 W. T. PAASCH, CLERK Bp Deputy Clerk cc: Pacific Indemnity Company Attn: Mr. Dick Hachtsheim Y IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA September5 , 197'? In the Matter of ) Claim for Damages. ) Warren C. Scott, Patricia A. Scott, and Elizabeth S. Scott, by and through Jack C. Runnion, Attorney at Law, Suite 125, Professional_ Bldg. , El Cerrito Plaza, El Cerrito, California 94530 having filed with this Board on August_24 , 1972_p claim for damages in the amount of $ 25,000 ; 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. Kerrey, A. M. Dias, J. E. Moriarty, W. N. Boggess, T. A. Lin"heid. 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 th day of „September_ _, • 1972. W. T. PAASCH, CLERK Deanna Petrie Deputy Clerk oc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator_ JACK C. RUNNION ' - ATTORNEY AT LAW PRORQSBONAL EUILOINO.SUIT[125 - CL CURRITO PLAZA - EL CERRITO. CALIFORNIA 94530 PHONIC 524-7141: August 22, 1972 RECJ.+ hiTED AUG 5"t Iq72 W. T. PAASCH CLERK BOA DOR SUPERVISORS BY��wON RA,CJ T CO. G� �Li1 GAYtI► Clerk of the Board of Supervisors Administration Building Martinez, California 94553 Gentlemen: -Enclosed please find a Claim for' Damages . from Mr. ' and:' Mrs. Warren Scott and Elizabeth Scott. Very truly yours, ACK�C-- RIJNNION JCR/ 'p p Enclosure r q Y r r -t r/ 'r « • n is i I JACK C. RUNNION Attorney at Law 2 Professional Building Suite 125 F I L E D 3 El Cerrito, California 94530 /972 4 524-3161 W T. PAASCH 5 bUshk IRIA45 6F WfIdHVMORS fi�A o$$TA 06. INV nbp 6 7 8 CMM FOR DAMAGES 9 TO THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE 10 OF CALIFORNIA ; CENTRAL CONTRA COSTA SANITARY DISTRICT, CONTRA COSTA COUNTY WATER DISTRICT: 11 The following claim for damages is hereby made by and on behalf of WARREN C. SCOTT, PATRICIA A. SCOTT, and ELIZABETH S. SCOTT: 12 The following claim for damages is hereby made by and on 13 behalf on each of the aboved-named persons against you: 14 A. Name and Post Office address of claimants 15 The claimants are WARREN C. SCOTT, PATRICIA A. SCOTT, and ELIZABETH S. SCOTT, 2406 Carlson Boulevard, Richmond, California. 16 B. Address to which notices to be sent 17 The post office address to which the claimants desire lg notices to be sent is: JACK C. RUNNION, Attorney at Law, Suite 125, Professional Bldg. , El Cerrito Plaza, E1 Cerrito, CA 94530. 19 C. Date, place and other circumstances of the occurrence 20 which gives rise to the claim 21 1. The occurrence happened on or about August 5, 1972, on the County Road known as Norris Road, in the County of Contra Costa , 22 State of California. 23 2. At all times herein mentioned the said County Road known as Norris Road was and is a County of Contra Costa highway, 24 designed, constructed, and maintained by the County of Contra Costa. 25 3. The said- public bodies . negligently, carelessly and ; recklessly planned, designed, constructed, maintained and control- 26 ' led said highway so as to allow and cause said highway to be and become in a dangerous, defective, and deceptive condition in that 27 there were"depressed and.--raised man-.hole covers on said highway. 28 4. The :said public. bodies ' had knowledge of said dangerous, defective and deceptive condition of said highway and 29 negligently, carelessly, and recklessly failed to correct said condition and to warn drivers of bicycle§ using said highway 30 of said danger. 315. On or about August 5, 1972, claimant was riding a bicycle along and upon said Norris Road and because of the depressed 32 and raised man-hole coverings in relation to the pavement of said JACK C. RUNNION ATTORNEY AT LAW -1- r.o.a• o«.•sun+«+,■w•c us •4 Cc ui♦R nutty EL CERRITO.CALWORN1A PHONE 524-3161 1 road she lost control of said bicycle and was thrown violently to the pavement. 2 D. Description of injuries and damages 3 1. As a direct and proximate result of said negligence 4 and carelessness, and of said condition and said accident, claim- ant ELIZABETH S. SCOTT sustaining injury to her body and shock 5 and injury to her nervous system and person, all of which said injuries have caused and continue to cause plaintiff great mental, g physical and nervous pain and suffering. 7 E. Employees causing injuries and damages g 1_ Claimant does not know the names of the employees of the ::sa:id public,)??dies: who caused said injuries and damages 9 F. Amounts claimed 10 1. Claimant ELIZABETH S. SCOTT claims general damages in 11 the sum of $25,000.00 for the bodily injuries suffered by her in said accident. 12 2. Claimant claims special damages in the amounts of 13 the medical, hospital and related expenses alleged above. The exact amounts of such expenses incurred and to be incurred by 14 claimants is not now known. 15 Dated: �.�}Lfy�tJ�z2,�`l7z- 16 17 JACK C. RUNNIO14 Attorney for Claimants . 18 19 20 21 22 23 24 25 26 2? 28 29 30 31 32 JACK C. RUNNIGN ♦TTO.M[Y AT l..W -2- Cl CI...-P4f. - - Cl CERRITO.CAI.IrORwA PNONC 524-7161 W A , o c r � }► oo'� � G -f LZ tY it Z cl rk ww \, O �+ O' ' � tDG ti0't ik�'� CLAIM AGAINST CONTRA COSTA COUNTY Routing Endorsements Claimant: Edna Melson Address : 119 Jennie Drive, Pleasant Hill, California Attorney: None. Amount: Approximately $229.50 - $219.49 (estimates) Date Filed : August 30, 1972 By delivery to Clerk via Zrx=43yry_-p� un is o rRs 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 30, 1972 W. T. PAASCH, By —.ianPf Ingranam, Deputy II . FROM: County Counsel ' s Office TO: Clerk of Board of Supervisors t� 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 reco referral to : ( County ' s general insurance carrier ; Other insurance carrier; County Counsel . DATED: g JOHN B . CLAUSEN, BY 4� De ut 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 September 5 1972 (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 September b, 1972 and memo thereof filed and endorsed on c aim, per Government Cod ction �3 . DATED: September b, 1972 W. T. PAASCH, By eanna etrie 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 : September b, 1972 Publ i c Works , By DATED: September o, 1972 County Counsel , By Q _T BOARD OF SUPERVISORS,, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Claim for ) Damages: ) EDNA MELSON ) I declare under penalty of perjury that I am now, and . at all times herein mentioned have been, a citizen of the United States, over age 21 and that today I deposited in the United States Post Office in Martinez, California, postage fully. prepaid, a. certified copy of: The Board' s order of September 5, 1972 denying the above-captioned claim, together with "Notice of Denial" of same to the following: EDNA MELSON 119 Jennie Drive Pleasant Hill, California I deelare under penalty of perjury that the foregoing is true and correct. Dated: September b, 1972 , at Martinez, California.. to De a Petrie . .. .. .._._.__ - ePu Y. er FILED SEP ( 1972 W. T. PAASCH C MK BOARD OF SUPERVIGUM 4-71-500 Deputy ��}conlrw►,cp�r�co. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Administration Building, Room 103 P. 0. Box 911 Martinez, California To: FsDNA MELSON 119 Jennie Drive Pleasant Hill, California NOTICE IS HEREBY GIVEN that the claim which you presented to the County of Contra Costa on August 30, 1972 Was rejected by the Board of Supervisors of said county on September 5, 1972 . WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: September 6, 1972 W. T. PAASCH, CLERK By'�a/J�A.n 1�' � a, Deanna Petrie Deputy Clerk cc: Pacific Indemnity Company Attn: Mr. Dick Nachtsheim IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, •STATE OF CALIFORNIA _ September 5 , 19712 1. In the Matter of ) Claim for Damages. ) ' ) Edna Melson, 119 Jennie Drive, Pleasant Hill, California having filed with this Board on August 30 1972 claim for damages in the amount of $ 229.50 - $219.49 Approximately (estimates) D 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. E. Moriarty, W. N. Boggess, E. A. Linscheid. { NOES: None. ABSENT: None. , • t 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. th day of September , 197 _.• W. T. P.AASCH, CLERK By , Deanna Petrie Deputy Clerk cc: Claimant Public Works (3) Attention Mr. Broatch County Counsel County Administrator a f r tD: Contra Costa County partment of Public kbrke 1 tinez, California U� V� O 1912 CLAIM AGAINST COUNTY OF CONTRA COSTA 0 (Government Code, Sec, 910) Avg' EQa��M�� DATE: GENTLEMENs The undersigned hereby presents the following claim against the County of Contra Costa: 1, Date of accident or occurrence: S64 20 Name end rose of claimant: 3, Description and r:lace of the accident or occurrences '0a - A� A, Names of County employees involved, and type, make number of equipment. if Qknown; 5. Describe the kind and realue of damage and attach sstirmetes: FILED AUG 301972 W. T. PAASCH CLERK BOARD OF SUPERVISORS gNjt CO CO. By putt' o amr m®ar9r�� .ae�s�o Signature JERRY'S AUTO BODY / + AND PAINTING R.o. 25 ACHECO BOULEVARD— MARTINEZ. CALIFORNI 553 NO TELEPHONE (415 1 229-3131 V (VV N ADDRESS DATE �Z AK F CAR YEAR TYPE LICENSE NO. MILEAGE MO NO. SE IAl NO. )( oI.!;- INSURED BY ADJUSTER INSPECTOR PHONE Z 4 / 3 � HOME O BUSINESS Symbol FRONT Labor Mrs. Ports Symbol LEFT Labor Mrs. Ports Symbol RIGHT Labor Mrs. Parts Bumper Fender Fender Bumper Rail Fender Ornament r Ornament Bumper Brkt. Fender Shield Fender hield Fender Mldg. Fender ANdg. Bumper Gd. Headlamp Headlam Frt. System Heodlamp Door It Headfam4 Door Frame Sealed Boom Sealed m Cross Member Cowl Cowl Wheel Doo►, Front Door, root Hub Cap Door Lock Doo Lock Hub tl Drum Door Hinge DO r Hinge Knuckle Door Glass cor Glass Knuckle Sup. Vent Gla: Vent Glass Lr. Cont. Arm-Shaft Door MI C Door Mldg. License Frame — Brkt. Door Andle Door Handle Up. Cont.Arm- Shaft Con r Pa& Center Post Shock Do r, R-A I I Door, Rear Windshield D4o, Gla's k I I Door Glass r MIdg.v IFDoor Mldg. Tie Rod Roc r Panel Rocker Pane Steering Gear Racke Idg. Rocker Midg. Steering Wheel Sill Plata Sill Plate Horn Ring Floor Floor Gravel Shield Frame Frame Park. Light Dog tog Dog Leg Grille Quar. Panel Quar.Panel Quar. Midg. Quar.Midg. Quar. Glass Quar.Glass Fender, Rear Fender,Rear Fender Mldg. Fender Mldg. Fonder Pad Fender Pad Mirror REAR MISC. Horn umper Inst. Panel Baffle Side Bumper Rail I F Front Seat Bogle. Lower Bumper Brkt. Front Seat Adj. Baffle, Upper Bumper Gd. Trim Lock Plate,lr. Gravel Shield Headlining Lock Plate, Up. Lower Panel Top Hood Top Floor Tire Hood Hinge Trunk Lid Tube Hood Midg. Trunk Lock Battery Hood Lepers Trunk Handle Al Paint Ornament Toil Light Undercoat Rad.Sup. Tail Pipe Polish Rod.Core Gas Tank Radio Antenna Frame AUTHORIZATION FOR REPAIRS Rad.Hoses Wheel You are hereby authorized to make the above Fan Blade Hub 3 Drum specified repairs. Fon Belt Bock Up Lito Signed Water Pump Wheel Shield Labor Hrs § Motor license frame—Brkt. Parts § b Tax § A—Align N—New, OH--Overhaul S—Straighten or Repair EX—Exchange RC—Rechrome U—Used Sublet § This estimate is based on lowest possible cost consistent with quality work, and as such, is guaranteed. § Items not covered by this estimate or hidden will be additional. THIS ESTIMATE VALID FOR 30 DAYS. TOTAL $ D*►RTE & WITTING, 1 CHRYSLER — PLYMOUTH — VAL ANT 825 FERRY STREET MARTINEZ, CALIFORNIA BODY SHOP: 908 FERRY STREET — PHONE 228-0750 "5#ese ,4&-4 VealIf Regia Sucre 1939' ESTIMATE OF REPAIRS AS LISTED FOR LABOR AND MATERIALS -VERBAL AGREEMENTS NOT BINDING - ESTIMATES FREE NAME 41 s� -DATE �'�iti.► ADDRESS PHONE MAKE MODEL STYLE LICENSE SERIAL NO. MILEAGE Symbol FRONT labor His. Parts Symbol LEFT Labor Hrs. Parts Symbol RIGHT Labor Mrs. Parts Bumper Fender Fender Bumper Valance Fender Fender Bumper Bracket Fender Shield Fender Shield Fender Mldg. Fender Mldg. Bumper Guard Headlamp i Headlamp Fri. System Headlamp Door Headlamp Door Frame Sealed Beam Sealed Beam Cross Member Cowl _ Cowl Door-Poll Door Post Wheel - Door, Front —_ Door, Front Hub Cap " Ooo loci Door Lock Hub and Drum Door Hinge Door Hinge Knuckle I { Door Glass, Clear Tint Door Glass, Clear Tint Upper Cont, Arm-Shaft Door Mldg!, _- Door Mld . Lower Cont. Arm-Shaft { Door Handle Door Handle Shock I 1 Center Post Center Post Windshield Glass-Tint Ij Door, Rear 1 _ Door, Rear Back GlassDoor Glass, Clear Tint 1 ! _ {i 1 " I `� Door Glass, Clear Tint ----Tl---Door - Door Mldg; ` 1 1 - Door Mld . Tie Rod { Rocker Panel Rocker Panel Steering Gear �— Rocker Midg. i Rocker Midg. Steering Wheel j Sill Plate 1 i Sill Plate Horn Ring Floor i floor Gravel Shield i Dog leg Dog le Parking Light Quar. Inner 1 Quar. Inner Grille i Quar. Panel Quar. Panel i Quar. Mldg. Quar. Mldg. Mirror REAR MISC. Horn j tiumper, Instrument Panel Baffle, Side Bumper Valance _ • Front Seat Baffle, lower - Bumper Bracket Front Seat Adj. Baffle, Upper j Bumper Guard Trim Lock Plate, Lower Gravel Shield Headlining Lock Plate, Upper i� lower Panel i Top Hood Top Floor Tire WW. BW Hood Hine Trunk lid Tube Hood Midg, ! Trunk Lock Batter Hood Leiters TRUNK MLOG- Paint 4-9 Ornament Tail light Undercoat Radiator Sup. Tait Ptpe -- Muffler Polish Radiator Core _ __ t _Gas-Tank Radio Antenna Frame V SUMMARY _Radiator Hoses License Light Fen_Blodo -- H_ub and Drum labor Fan Belttj" 8xk-Up Light Parts j ' Water Pump E a MOTOR MOUNTS A■Ic Tax S01 Tions.-Linkage Spring Sublet_ S E TOTAL S ESTIMATE BY .•rte.:r it t:r.r, ra C-wrnty U.i.•r,r ..._ ...._..�.�.�_.��_.��_- Uc arhn p ent Office Phone I. ,�'. , ,,, I�� ��_�: c;rte�• �C�r�. ��',z ���.>� t C:. ty Cog of Gr Bcriy Tyne Year Unit Number t ✓ �+n (Chrck / ;rr+Cc� F'r.fKf.1rI Cor r'n Co.Business rtuc Damage to County,-your �rehi fie .�. Witnesses—Nomas,Addresses & Phone Numbers LO Name 8 Address of other Driver �� i � �� �� Name E Address of Owner of other vehicle i�.`^`►/ �=,.trt1� L� .. .Tt::_t:I ` `7 1U/)I All !ter\ r Other Vehicle License# Make of other car Body Type Damage to other car or property �urci' Z-Ier+--,A ,-CdA 0 Xce revers e :Ie Where can other car or property be examined? State briefly how occident occurred Show name of streets and direction in which vehicles were going • L /u.�lJ/n)G �r•2ouN� l N P/�ckl Aff- L.o f 4. V-0 v.t:k 5-7.22- 13441'e 1344r`e k Q/ v ��. STot. Hk INDICATE y NORTH sea �7 F fiL>S T' S T rA1df'LE ihGRAM ?. Date &hour of accident Location of accident V4 City �•r00�%!: I� �� � oP.iJtr o{- �J_'�cocy .[�►.�F ANS 4015.,c/�- Where was other car when you first saw it? y Type of rood surface: (Chock one) /2 `/x Asphalt FICement Dirt ❑ Gravel Condition of rood surface: At time of accident were you going? Other driver drinking? ® Dry 1:1 Moist Wet Uphill W Level down hill Q Yes © No El Don't knew Was o Police citation given? If yes, by whom? To whom? What was the charge? ' n Yes 0 No Who, inour opinion,was at fault? Wh ? r p y .Z �FC�� /IUfo f'A��� � Il�r.. 1l�Cgus,e -•� dr6' -,cul 5 I Injured Persons Names Ages Nature of Injury To what hospital or home token f 1. 2. { tpants of other car: Names. Addresses & Phone;rs A/0 Signature of Countyriver This form completed by: Dotes f i yet t� r%t r! ?.ter .!/ /` lt'.G��•l.C'> 1lT/J " t`v'`t`�'"� ,� 1-�x�✓J► Gtr' �- � L�cr��cc'� ...,G���Lo G�2',G��"' -Zrlf�r-C�:� G�I!.�"'t-C � G��,:'' I• -� :: � 'Z�F C��'c.f' G,� �-ed .jZo �iC,�t.��. "'�""'"'�- t,,,1'c.c.d� Gv -�v►-mow' ..�t.v� ��i� /-��'•►/�=�_�-� f L^ l 26 tal (J r �� I tG _ � s j