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HomeMy WebLinkAboutMINUTES - 08131985 - 1.15 CLAIM BOARD OF SMWVISORS OF CONTRA COSTA CMM, CALIFORNIA BOARD ACTION August 13,- 1985 Claim Against the County, or District ) NOTICE TO CLAIMANT governed by the Board of Supervisors, ) The copy of this document mailed to you Is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Jack Ryan County Counsel Attorney: Robert B. Lueck JUL 19 1985 Boornazian, Jensen & Garthe Address: P.O. Box 12925 Martinez, CA 94553 Oakland, CA 94604 Amount: Unspecified By delivery to clerk on Date Received: July 19, 1985 By mail, postmarked on July 18 , 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: July 19 , 1985 PHIL BATCHELOR, Clerk, By Deputy nn Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). - ( ) Other: Dated: 75 By: Deputy CountylCounsel III. FROM: Clerk of the Board . TO: (1) Coun y Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (� This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Boards Order entered lin its minutes for this date. Dated: - PHIL BATCHELOR, Clerk, By0JJ,4U2L , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with thi11 s matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave towent a late claim was mailed to claimant.. DATED: �_ 13 �� PHIL BATCHELOR, Clerk, By Deputy Clerk cc: County Administrator (2) - County Counsel (1) nr A Tu =k NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Ro ert Lueck Boor zian, Jensen & Garthe P.O. B 12925 Oakland A 94604 Re: Claim of JACK RYAN Please Take Notice as follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 . 2 , or is otherwise in.sufficent for the reasons checked below:li 1. The claim fails to state the name and post office address of the claimaint. 2 . The claim fails to state the post office address to,,rwhch the person presenting the claim desires notices to be sent. 3 . The claim fails to state the date, place or other circum- stances of the occurrence or transaction which gave rise to the claim asserted. 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. 5. The claim fails to. state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage, or loss so far as known, or the basis of computation of the amount claimed. 6. The claim is not signed by the claimant or by some person on his behalf. x 7 . Other: Copy of complaint served -on claimant was not attached. Please forward a copy to the Clerk of the!' Board of Supervisors. VICTOR J. WESTMAN, County Counsel By Deput County Counsel 1 u 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, Co.Admin.Bldg. , P.O. Box 69, Martinez , California 94553 , iand 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 and/or Non-Acceptance of Claim by placing it in an envelope (s) addressed as shown above (which is/are place (s) having delivery service by U.S. ria:�_1) , which envelope (s) was then sealed and postage fully prepaid thereon, and thereafter was , on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: d at Martinez California . cc : Clerk of the Board of Supervisors original) . Administrator (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. C. §5910 , 910 . 2 , 910 . 4 , i1910 . 8) .CE1VED CLAIM FOR INDEMNITY PHIL BATCHELOgVISORS CLER CBOARD COSTA C DeputyTO : COUNTY OF CONTRA COSTA9 ' BY; I . CLAIMANT JACK RYAN, 101 Bacon Street , Walnut Creek, California II . NAME AND ADDRESS FOR NOTICES Robert B . Lueck, Boornazian, Jensen & Garthe , P . O. Box� 12925 , Oakland , California III . CIRCUMSTANCES OF OCCURRENCE GIVING RISE TO CLAIM JACK RYAN was served with a Complaint for damages filed on June 10, 1985 by the CAMINO DIABLO GROUP . The action was filed Iliin the Superior Court of California , County of Contra Costa , Action No . 273 373 . Service was ostensibly made on Mr. RYAN in late June of 1985 . Plaintiff alleges that Mr . RYAN and numerous other property owners caused or contributed to a landslide which occurred on or about January 20 1983 , on the parcel of real property immediately north and adjacent to 2770 Camino Diablo , Walnut Creek, California . In said Complaint , the plaintiff also alleges that the COUNTY OF CONTRA COSTA and the CITY OF WALNUT CREEK contributed to the occurrence of this landslide . IV. DESCRIPTION OF INJURIES OR DAMAGES As a defendant in the suit described above , Mr . RYAN denies' any liability . If found to be liable to the plaintiff , however , Mr ." RYAN could be c'ompelled . to pay plaintiff ' s damages in excess of his propor- tionate responsibility for the damages , if any . Plaintiff has affirma- tively alleged that the CITY OF WALNUT CREEK and the COUNTY OF CI{ONTRA COSTA also contributed to the subject slide. The COUNTY OF CONTRA COSTA may therefore have an obligation to indemnify Mr . RYAN for some or .all of any damage award the plaintiff may secure, if Mr. RYAN is found liable to the plaintiff : Mr . RYAN therefore seeks a Declarationl'lof' Proportionate Fault from the Court , as well as a judgment entitling , him to indemnity or contribution. The amount of that claim is uncertain at this time . V. NAMES OF RESPONSIBLE PUBLIC EMPLOYEES Unknown. VI . AMOUNT CLAIMED Uncertain; see No . IV above . DATED: July 18, 1985 BOORNAZIAN, JENSEN & GARTHE A fessional Corporation BY . ROBERT B. LUECK Attorneys for JACK RYAN r -2- ' I 1 PROOF OF SERVICE BY MAIL (CCP 1013 (a) - 2015.5) 2 3 - I am employed in the County of Alameda, State 4 of California. I am over the age of 18 years and not a party: 5 to the within action; my business address is Pacific Law 6 Building, 1504 Franklin Street, P. 0. Box 12925, Oakland, ) 7 California 94604. 8 On July 18, 1985 I served the attached 9 CLAIM FOR INDEMNITY 10 11 12 13 on the parties to said action by depositing a true copy thereof 14 in a sealed envelope, with postage thereon fully prepaid, in 15 the United States mail at Oakland, California, addressed 16 as follows: 17 Clerk, Board of Supervisors County of Contra Costa 18 651 Pine Street Room 106 19 Martinez, CA 94553 20 21 22 a 23 24 I declare under penalty of perjury that the foregoing 25 is true and correct. 26 Executed. at Oakland, California, on July 19 , 1985, 27 2s5��iC�0. d SANDRA J. ZADORKIN CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION August 13 , 19,8 5 Claim Against the County, or District ) NOTICE TO CLAIMANT governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section;913 and 915.4. Please note all "Warnings". ` Claimant: M.W. MC NEILL County Counsel Attorney: J U L 17 1985 Address: 89 La Espiral Martinez, CA 94553 Orinda, CA 94563 - By delivery to clerk on 11 Amount: Unspecified Date Received: July 15 , 1985 By mail, postmarked on July 12 , 1985 l I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: July 16, 1985 PHIL BATCHELOR, Clerk, By i ;: , , �%; Deputy A-�n II. FROM: County Counsel TO: Clerk of the Board .of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. s This claim FAILS to comply substantially with Sections 910 and 910.2, and wejiare so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: , %i `moi x By: r -, l' /, <!! Deputy County'P Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (?), County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present � This c is rejected ected in full. 1 ( ) Other: I certify that this is a true and correct copy of th Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By 0 1 o , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Bo'ard's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to pr ent a late claim Was mailed to claimants DATED: �- SCJ PHIL BATCHELOR, Clerk, By ° , Deputy Clerk cc: County Administrator (2) ` County Counsel (1) Charter Section 87 and Government Code Sections 910 to 911.2 require that all claims must be presented to the Controller or to the Clerk of the Board of Supervisors rithin 100 days from date of accident or incident. CLAIMANT'S NAME CLAIMANT'S ADDRESS 84 I.A t—SP19.4L- TELEPHONE �S� 2 S/.3 AMOUNT OF CLAIM $ U�/K�/ott/,(/ — �'TlG.L </,�/� R�i�/,e Coa/SrevcTi0A/ ADDRESS TO WHICH NOTICES ARE TO SE SENT 89 4,1 o—e—spIRA 0,R/A1,0,4, c4-1-/,c RECEIVED DATE of X) Ry JUL 15 19*5 41- 6 - gs LOCATION OF INCIDENT PHIL BATCHELOR ^C ERK 60ACD 'r:uP'RVISOfi � HOW DID IT OCCUR —AlEarZ,Y C0*1S'rfVCTE;P e a*eA� I,kzcs &/0 �C�1fliGATioA/ f?Qo✓iZ1E� To 6✓C.cOS�-D ..4QEi4 Of SvBSTJedeTdRE � J� 2. J WMOVA6GE r se-��eE ERosio.✓�� P�o�c . DESCRIBE DAMAGE OR E K re-Al s dr 5 7Rj t,7,che�4 e_ Df�M�4lstz To c(�oOS C .at/'D Gid/•4R�C1 /C� DECK Ci4C15-&V 8Y MorsTuR&, MocD, Dwe Ror AMD �cs�/• NAME OF PUBLIC EMPLOYEES) CAUSING-=Alff OR DAMAGE, IF KNOWN ITEMIZATION OF CLAIM (List items totaling amount set forth above) S'T!L L ,BL�tlG R�Pr4iR�.D $ $ $ TOTAL $ c , Signed by or on behalf of Claimant CS87 i � I ' CLAIMA BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD 'TACTION Claim Against the County, or District ) NOTICE TO CLAIMANT Augusti113, 1985 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim 'by the . Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: State Farm Insurance Claim Office (Hwiyong, Chung) County Counco: Doug .Finley, Claim Service Representative Attorney: 333 Civic Drive Pleasant Hill CA JUL 1 hiM5 P.O. Box 4011 Address: Concord, CA 94524 g tv Ad Martinez, CA y4=� Sy�eiveruy to c�emr�cnon trator Amount: Unspecified JulT..1 I' 1 QRS Date Received: July 12, 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. J � Dated: PHIL BATCHELOR, Clerk, By ,t". iDeputy A}�n CPrvPI l i II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. (,?V This claim FAILS to comply substantially with Sections 910 and 910.2, and wellare l so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: t %:; i":"�',- o, = �J Deputy County Counsel III. FROM: Clerk of the Board TO: (1) CountyCounsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present This claim is rejected in full. ( ) Other: I certify that this is a true and correct cop of the Board's Order entered lin its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for lea to pesent a late claim was mailed to claimant. DATED: PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) - County Counsel (1) STATE FARM STATE FARM MUTUAL � ® AUTOMOBILE INSURANCE COMPANY ❑ STATE FARM GENERAL INSURANCE COMPANY STATE FARM FIRE STATE FARM COUNTY MUTUAL INSVRANCF ❑ AND CASUALTY COMPANY ❑ INSURANCE COMPANY OF TEXAS DATE OUR INSURED _ ACCIDENT DATE CLAIM NUMBER U 7/8/85 Chung, Myong 6/25/85 05 1226 101 RECOV D JUL la, 195 PHIL SATCHEL From: h r 'ERK 60 RD Gf SU 157};1 John Cooper C cosT c STATE FARM INSURANCE CLAIM OFFICE e .,_. 1280 Moraga Kay 333 Civic Drive ! Moraga, Csl. Pleasant Hill, CA P. O. Box 4011 Concord, CA 94524 L J gy:_Doug s uley Claim Service Representative Fold— — We are writing you about the accident in which you were involved with our insured on the date shown. Our investigation of this accident indicates that you are responsible for this accident. J ® Please accept this letter as notice of a claim we have for I ❑ Personal Injury Protection (PIP). ® Vehicle Damage ❑ Medical Payments Coverage(MPC). El Other: ® Should we be called upon to make payment under our policy, we will be looking to you or your insurance company for reimbursement. f ® If you have insur nc to protect you against such liability, Please refer this letter to your insurance company. ® Please send us the name p of your insurance company, its address, and your policy number. I ❑ We have had no response to our previous letter concerning our claim. We assume you have overlooked writing us. Please let us hear from you at once. ❑ We have made the.following payments and request reimbursement as shown below: SII Net Vehicle Damage Other N Name of Our Payee PIP/MPC Payment (Less Salvage) Payment/Expense $ $ $ $ $ $ rl Net Amount Paid Insured Vehicle By Company$ Deductible $ TOTAL We enclose a return envelope for your assistance in replying. N G 4378 .1 PRINTED IN U.S.A. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD 'ACTION , Claim Against the County, or District ) NOTICE TO CLAIMANT August13, 1985 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claimby the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Ava Hanline on behalf of herself and on behalf of Attorne her minor son, James Hall County Counsel it Y: Address: 715 Port. Street, #3 JUL 15 1985,1 Crockett, CA 94525 Hand delivered AJ 3 Amount: $500, 000. 00 By delivery to clerk on � 85 Date Received: July 12 , 1985 BY mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: July 12 . 1985 PHIL BATCHELOR, Clerk, By J10 Deputy Anil- Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This-claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 'i By: Deputy County,, Counsel III. FROM: Clerk of the Board T0: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER unanimous vote of Supervisors resent BY Pe P This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy f the d's Order entered"lin its minutes for this date. Dated: - - PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months from the date of this notice Was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to,claimant 11 DATED: -�; ��� PHIL BATCHELOR, Clerk, By b , Deputy Clerk cc: County Administrator (2) County Counsel (1) V CLALM TO: BOARD SUPERVISORS OF CONTRA Af.qPYappficationt0: Instructions to ClaimantC•erk of the Board ,..�,Y- •••, i P e I,S� pyo 6 Martinez,Califomia94553 . A. Claims relating to causes of action for death or for injury to .person or to personal property or growing crops must be presented not later than the 100th- day after-the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, ' Govt. Code) Su ervisorsP B. Claims must be filed with the Clerk of the Board of p . at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end his form. RE: Claim by )Reserved for C ' s f' 'ng stamps AVA HANLINE, on behalf of herself ) an on e a o er minor son,-ft—_ 1 S HALL. ) J U L 1a, 1995 Against the COUNTY OF CONTRA COSTA) a`w PHIL SATCHELPR or DISTRICT) aL11KD RAOF csUPEo`r' Fill in name a The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 500,000. and in support of this claim represents as follows: - 1. When did the damage or injury occur? (Give exact date and hour] April 6, about midnight; April 7, about midnight through approximately 3 a.m. ; April 8, evening hours are approximate times of contact between cl&imants and Sheriff's deputies. --- --- T------------------------------------------- 2. Where did the-dam-age----or--injury occur? (Include city and county) -715 Port Street, #3, Crockett, Contra Costa County, CA. This is claimants' residence. ---------------------------------------------------------r--------------- 3: How did the damage or injury occur? (Give full details, use extra sheets if required) Claimant Hanline was assaulted and/or battered by Gary Hall and called the Sheriff' s deputies at the Bay Station for assistance'. -----------=----------------------------------- ------------------------- 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Acts include, among others, failure to render assistance, to enforce law, to provide medical care to claimants, and oral abuse of claimant Hanline. Please refer to Exhibit A, attached, for further details. (over) 5. What are the namesf county or district off As, servants or • . I. employees causing the damage or injury? Deputies Rodriguez, and Does 1-10, assigned to the Bay Station, ii Contra Costa County Sheriff' s Department, and their .supervisors/trainers. -----------------------------------------------=------------------------- 6. What damage or injuries do you claim resulted? (Give full extent - of injuries or damages. claimed. Attach two estimates for auto damage) Physical/emotional injuries resulting from violation bf civil rights, failure to assist, uphold law; pain and suffering resulting therefrom. -- -- - - - - - - -- - -- --- --- ------ ------- ----- --------- -------- ----- - - ----- 7. How was the amount claimed above computed? (Include the es-t-ima --- ted amount of any prospective injury or damage. ) Estimation of damages which include physical/emotional injuries,-!' violation of civil rights, pain and suffering from injuries and ,violations , 8--. N-----ames----and------ add-----resses- -- of----witnesses------- ------doctors---and-P--hosP-- --ital-- -- ---=------ William Walker, M.D. Contra Costa County Hospital, Martinez CA'. Salvador Escovedo and family, 715 Port St. , #4, Crockett, CA. Carol Mansfield, Oakland, CA. Does 1-10, whose names/addresses will be discovered. ---------------P ---------- ----------------------- 9. = -List the expenditures you made on account of this:---accident----------or--in-j-u- ry DATE ITEM AMOUNT April 6-8; 1985 Shelter, food,transportation, medication Approx.$200. April 6-date of claim Medical expenses, transportation, other expenses t to be Govt. Code Sec. 910. 2 provides : "The claim signed by the', claimant SEND NOTICES TO: (Attorney) or b some per,sn on his, .behalf. " Name and Address of Attorney aim nt s Signature 715 Port Street, #3 Address ` Crockett, California 94525 1 Telephone No. Telephone No. (415) 787-3279 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for all-owance or for payment to any state board or officer, ' or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill , .account, voucher, or writing, is guilty of a felony. " • - LAW OFFICES OF ,.` CONTRA COSTA LEGAL SERVICES FOUNDATION MAIN OFFICE • 1017 MACDONALD AVENUE, P.O. BOX 2299 RICHMOND. CALIFORNIA 94602 MARK GOLDOWITZ TELEPHONE EXECUTIVE DIRECTOR - May 23 , 1985 (415)233-9954 Richard R. Rainey Sheriff, Contra Costa County 651 Pine Street, 7th Floor Martinez , CA 94553 Re: Ava Hanline v. G_cy Hall Case No. 265622 Dear Sheriff Rainey: This letter concerns the alleged failure of the sheriff' s , deputies at the Bay Station in hesitating to enforce, a temporary restraining order aginst Gary Hall and to render assistance to Ava Hanline in an appropriate and professional manner. The complainant, Ms. Hanline, has requested the assistance of my office in this matter. While there may be other deputies involved, tis. Hanlaine is particularly concerned about the treatment she received from Deputy Rodriguez . In the late evening of April 6 , or in the early morning of April 7 , 1985 , Ms. Hanline was physically assaulted and traumatized by Mr. Hall at her home, 715 Port Street, #3 , Crockett, California. Ms. Fanline telephoned the emergency 911 number three times before the deputies arrived at the premises to render assistance. Although Ms. Hanline appeared physically abused in that she was black and blue and bleeding, and despite her report to the deputies that she was bleeding and in pain, Ino arrest was made. My client was not informed she could make a citizen' s arrest, nor did the deputies offer assistance in obtaining medical treatment for her. My client informed the deputies that she had obtained a temporary restraining order against Mr. Hall in November 1984, but that she thought it may not be in effect any longer. She asked that Mr. Hall be arrested. Deputy Rodriguez reportedly ! checked the Sheriff' s files and told my client that a copy of the restraining order was not on file with that office and as ''a consequence that Mr. Hall could not be arrested. My client and Mr. Hall both told the deputies that each had rented the premises and had, therefore, a right to possession of the premises. Deputy Rodriguez told my client that he believed Mr. Hall had a right to possession of the premises and that she should leave immediately. My client asked the deputy whether they were going to arrest Mr. Hall. The E X H I B I T A . i Richard R. Rainey Sheriff, Contra Costa County May 23 , 19 85 Page 2 ;i response was that they could not because a copy of the restraining order was not on fileat your office. At that point my client requested that she be allowed to obtain her infant' s ' and her own medication from the premises. Deputy Rodriguez refused to allow her to do so, despite the fact that my client ii explained that she was under treatment for citriotic arthritis and could suffer serious trauma without the medication. The deputy told my client that she deserved the abusive treatment and had asked for it since she had invited Mr. Hall back into her home. . r During this period Mr. Hall continued to call my client names and to accuse her of using methadone and other drugs. My client informed the deputies that she was enrolled in a government-authorized methadone treatment program and that it was Mr. Hall who was an abuser of alcohol and cocaine. Deputy Rodriguez then accused my client of "shooting up methadone. " Deputy Rodriguez stated that he could smell the drug on my. client. My client informed the deputy that methadone had no odor and that it was not injected intravenously. The deputy then accused her of abusing alcohol . My client explained that Mr. Hall had thrown 'a glass of wine at her. The deputy then insisted that my client leave with her infant, or the deputies, would take tY e infant away from her. Ms. Hanline then had to struggle with Mr. Hall to get her infant back. Deputy Rodriguez told my client that she should never return to the premises since she had no right to be there in the first place. On April 8 my client returned to Superior Court and obtained a second restraining order under the same case from Judge Richard Flier. Judge Flier assured my client that his bailiff would take a copy of the restraining order to the Sheriff' s Department that very day so that there would be a copy on file. My client then arranged to have one of her neighbors serve lir. Hall with the temporary restraining order. During the evening of April 8 , my client was as.rakened by Mr. Hall ' s loud verbal activity. Mr. Hall was calling her names and kicking the walls. Mr. Hall broke into the unit and began approaching my client' s room. by client called your deputies. This time they arrived quickly. Deputy Rodriguez was one of the deputies who again responded to the call. Upon seeing my client there, he demanded to know why she had returned to the premises. My client again explained that she had a right to possession of the premises, and in any event, that she had obtained a second ,restraining order, a copy of which was on file at the Sheriff' s office. Richard R. Rainey Sheriff, Contra Costa County May 23 , 1985 Page 3 Deputy Rodriguez checked and told her that there was no copy on file with the office. '-Deputy Rodriguez demanded to know whether Mr. Hall had a copy. My client showed .Deputy Rodriguez a copyl' of the restraining order with a copy of the completed proof of service. She told the deputy that she believed Mr. Hall had a� copy of the order. This time Deputy Rodriguez told my client that they would ask Mr. Hall to leave and that he would leave only because he believed there was a copy of the restraining order on file with the Sheriff' s Department. , Deputy Rodriguez stated that ii they could not arrest Mr. Hall under the circumstances. Then the deputy told my client that if the deputies were ever called back to the premises to find that Mr. Hall was invited back or, that he had broken into the premises, the deputies would repor°t Ms. Hanl ine to the court as having breached the restraining order. Please note that during the second incident, Mr. Hall threatened to kill my client in the presence of the deputies. After Mr. Hall left, my client informed the deputies that Mr. Hall had a shotgun. They searched the premises and found none. within an hour after the deputies had left, Mr. Hall telephoned my client and threatened again to kill her. On April 10, 1985 I called Commander Dashner at the Bay Station and briefly discussed this matter. I was concerned about my client' s safety and the deputies' enforcement of the u restraining order during this period before you have the opportunity to investigate this matter. Commander Dashner explained that current policy requires enforcement of the temporary restraining order only if there is a copy on file with a copy of ° a completed proof of service. However, the Commander assured me that he would instruct his deputies to be aware of and responsive to my client in the event she calls for assistance. You should immediately inform Commander Dashner and all other officers and their deputies that state law requires enforcement of a temporary restraining order under the Domestic Violence Prevention Act whether or not a copy of it is on file at your of f ice w ith a copy of a compl eted pr oof of sery ice. The Judicial Council' s temporary restraining order form now in effect instructs law enforcement agencies as follows: Richard R. Rainey Sheriff, Contra Costa County flay 23 , 1985 Page 4 THIS ORDER IS EFFECTIVE WHEN MADE. THE LAW ENFORCEMENT AGENCY SHALL ENFORCE THE ORDER IMMEDIATELY UPON RECEIPT. IT IS ENFORCEABLE ANYWHERE IN CALIFORNIA BY ANY LAW ENFORCEMENT AGENCY THAT HAS RECEIVED THE ORDER OR IS SHOWN A COPY OF THE ORDER. IF PROOF OF SERVICE ON THE RESTRAINED PERSON HAS NOT BEEN RECEIVED, THE LAW ENFORCEMENT AGENCY SHALL ADVISE THE RESTRAINED PERSON OF THE TERMS OF THE ORDER AND THEN SHALL ENFORCE IT. See Exhibit A, , a copy of the temporary restraining order issued in this case, setting forth the above language on page two. Again, you should note that at no time during both incidents described above did any of the deputies ever advise my client of her right to and the alternative of performing a citizen' s arrest. The deputies also failed to give my client incident report numbers as is required by your policies. I request that you investigate this matter as soon as possible, .particularly with regard to how Deputy Rodriguez approached and handled this incident. My client is very upset:. over the treatment she received, especially from Deputy Rodriguez . My client fears for her child' s and her own well-being in the event the deputies fail to render effective assistance if and when Mr. Hall again threatens or assaults her. I would appreciate a response as soon as possible and'' a copy of the results of the investigation conducted by your internal affairs department. Yours very truly, PATRICIA A. RIGA ATTORNEY AT LAW NANCY R. D. LEPTON V ATTORNEY AT LAW BATTERED WOM-EN' S ALTERNATIVES PAH:jm Enclosure cc: Ava Hanl ine ?,VA I- . i'.ANL] NE • (4l5) 787-3279 ' ' 715 Port Street 1 Cr-.o0"ett , CA 94525 i In Pro Per -- — -- - - I Lur'17:tloR COURT of-cs ur-oR1il:.-cou'>I 7Y of StrSlEt •D:�r.tSS 725 Court Street tAAravG AD:,GEss. P. 0, hoc 911 :iTY AND 2+P CODE. KartineZ, CII 94553 APR $ - 1985 L k%4CH kAME: PLAINTIFF: _ J'-R, QI SS- iC- Ijnty Mirk AVA I . HANLI NE DEFENDANT: GARY HALL cAsf N'.;v3ER ORDER TO SHOW CAUSE A`.D TEIM?ORARY RESTRAINING ORDER 265622 I (Domestic Violence Pre:sr.tion Act - Unifc:m Pbrontage Act) FHIS CRDER SHALL EXPIRE AT THE DATE AND THE TIME OF THE HEARING SHOWN IN THE BOX FOR ITEM 3 UNLESS -X'ENDED BY THE COURT. To.Cefer.;ant (nsme): GARY HALL You are ordarod to appaar in th"s court as follows to give any legal reason the orders sought in the attache-Q oppl;cation Ghouid not ba aranteod. Date: fr- ,3 -�� t — ' time: l A"\ dept.: )5 rm: If you do r of etrend the he.sring, fur:her ordars mey be rn`adc ega7hsf you. You hese the right to appear end oppose the a11 ppfication, ►--ith or witr. cul en attorney. TEMPORARY RESTRA!`JING ORDER UNTIL THE TMAE OF HEARING, IT IS ORDERED " Defendant shall not cocta�; molest, attack, strike, three cr•, sexually assault, batter, lrlephone or disturb the peace of plainiifl U-2 and the foCov` �ymily and ;`sehold members (names): JA1',FS HALL -Y.XI Dt-fer&ni must•ir.-!mediately rno,e from (address): 715 Port Street, Crockett, CA 94525 - - >! ` and take only Per- 5onal clothing and effects needed until the•hearing. L De'endan! is ordered to slay at least (specWy): _1 00 yards a-.-.-ay from the folic::ing persons and places 0h= addresses of ;hese p%aces bre opfional.51-d you do not have 10 reveal them): 715 Port Street , Crockett, CA a. P!alntiff ff-XI and the foflo:;ing family and hous_hoid memb>_rs (name): JAMIES HALL h P:aintiif's residence (address optional): 71 5 Port Street, Crockett, CA �1 J C. F;aintiif's pt.ace of work (address optional): d. FThe child,en-s school or place of child care (address optional): - e. r--] Other (specify): (address optional): [ V►OLATIOfJ OF THIS TEr:PORARY RESTRAININQ ORDER 1S A 1.91SDEt.�E:"JOR, PUNISH^SLE EY A S1000 W.E. SIX'X II IN JA 1l, ORB OTH. THIS-ORDER S:-TALL BE ENF0RCED BY ALC LA.V I-NFCRCF r:,E^:T OFFICERS I`�THE STATE CF CA,L'IFOnA. (Temporary F.eslrain nJ Order continued un re.e;sel F-o1 e cCc.c x��Cc 5, Ft�•,c.t of,:.CeLro,n,a,lseto JORDER TO SHOW CAUSE AND TUM.PORARY RESIRLINING ORDER . ..r •.c0-` Ii5610I0e.. J.n„s.r 1, ISPs) (Domestic Violence Prevention - Unifwrn Parentage CCS - - 53 _.. _.. - - - F :Y tT. T •R • T -T GARY HAL T -G� �--- - ---- - _ — — t Kate. ' us+OdY. and control of the t'„o••�;ng rrt,ntar ch7!,!en a!e temp�rarify 2::ardvd to pla.rt,ff. ' _ Ch-td's t:acne. t JkMES HALL:, date of birth 1 / 31/84 ; . u E,civsrve temporary use, possession, and control of the follC:ving property are given to plaintiff: Al ] household goods and furnishings, including television set. �X OTHER ORcERS lspecify): That the Sheriff Is Department be ordered to abide by this order _ On 416185, they refused to arrest GARY HALL for assault and told me I should leave the house with the baby JAMES. I pe.sonally leased that apartment and it has been my son ' s home since he was born. 3y the close of business on the date -,f this order a copy of this order and any proof of service shall be 94-en to She!a.v er.rorcement :gencies 'rs,ed belo•.v as .follovvs: '(t) XYX p!a ntrff shall deliver. j Contra Cesta County Sheriff !21 1 plaintiff's attorney shall def:ver. 651 Pine Street, 1-larti,nez , CA 94553 13) the clerk of the court s`all mail. tavr enforcernen* acency Ldutess Contra Costa County Sheriff 653 Pine Street, ,artinez, CA • ri • Application for an order shortening time is ranted and the folo'ving documents shali.be persona'-t ' � �C drfe^.^_3C y Pr 9 g Tfi�I eq,,,IM lll t$ d ntV+rc t C4pr7 no less than (specify number): 2 _ days before the time set for hearing: of M,, OTiLltlaf Ort ;file in tNS (l) order to Shciv Cause and Temporary Restraininc Order (Domestic Vo'.ence Prevention - �i1tE.m Parentage) it (2) A,-,^_l+cation and Declaration (Domestic Vo ence Prevention Uniform Parer-,age) i •,\ +31 n'ank Responsive Oeclaraticn (Domestic Violence Prevention — Uniform Parer:age) til Incof.re and Expense Declaration AffE T. ” +Sl Ceclaration under Uniform Custody of Mi-•ors Act R. OLSSU� 1 (6) ! Other !specify): . C: �k�i':d e?- ifiuo`Cisrl of the c..,cri i/'Qart cf P.f/ le of 41 t.`r1!!-.�,"f�• Cju'.'Y ,1 C r.r.a,C; ri THIS ORDER IS EFFECTIVE "HEN N.`ADE. THE Lam;. E.';FCRCE'."ENT AGENCY SPALL ENFORCE THE ORDER lh,!,:ED!ATELY ILAW RECEIPT.IT IS ENFORCE:BLE Ati'f."=' ;ERE IN C•11LIFORNIA E1'ANY LG:Y CiyfO 7 �1.�!t i AG: -Y ,t'_2T 1'a`' SECEfVED TI•;E C Cn!S SHO' :11 A CCrY OF THE C=VER. IF PROOF OF SE 11lICE C'i TKE RE S7 A; ':ED Kr RSCti i:,^-S NUT BEEN' RECEIVED. THEN;FCRCE'.;ENT A GENCY SIH-ALL ACVtSE THE RESt r}4:':=D SIa i OF THE TL= .•S Qr THE ORD P.AND THEN SPALL E` :O�—�1 t.. t11 �C't� tD� S. FLIi R Gate: — = src•.L----. or jvoGE CLERK'S CERTIFIC.aTE OF fJiAILINiG ' I cerlt`.y that f am not a party to :his cause and that a copy of the foregoing vias r':zi"ed first class, pcslage prepaid. in a sealed er-e1c.pe addressed as S`,ovin in Ilern tt and :hat the fo'egoing vias mailed and th's cFriificate v.aS °xeCU-,ed at �r!ac el: California, tl on ic'arel: Clerk. by-- ORDER y----ORDER TO SHOW CAUSE AND TEIAPORAnY PEST RAINING ODER �' -CLAIWTO; BOARD OF SUPERVISO- OF CONTRA _T COIQ �C�n?y. 2���iCatlOntO: Instructions to ClaimantC'e,�, of the Board Wartinez,California 94553 A. Claims relating to causes of action for death or for injury to _person or to personal property or growing crops must be present"ed not later than the 100th day after -the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651iPine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be"filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of—this form. RE: Claim by ) Reserved for Clerk' s filing stamps AVA HANLINE, on behalf of herself? and on behalt ot her minor son, JAMES HALL. Against the COUNTY OF CONTRA COSTA) JUL 1a) 1985 q-.,, PHIL BATCHELOR or DISTRICT) LERKs RD.GFSUPERV15;P•� (Fill in namg ) c n cos, c B �D noty The undersigned claimant hereby makes claim against the County of IlContra Costa or the above-named District in the sum of $ 500, 000. and in support of this claim represents as follows : - _ ___ _ ___ ______ ________�I______ 1 .__�,'hen_did_the___dama_ _ge or injury occur? (Give exact date and hour) April 6 , about midnight; April 7, about midnight through approximately 3 a.m. ; April 8 , evening hours are approximate times of contactbetween claimants and Sheriff' s deputies. . hhere did thedamage or injury occur.- 2 (Include city and county) y) 715 Port Street, #3, Crockett, Contra Costa County, CA. This is claimants ' residence. ----------------------------------------------------- 3: How did the damage or injury occur? (Give full details, use extra sheets if ,required) Claimant Hanline was assaulted and/or battered by Gary Hall and called . the Sheriff' s deputies at the Bay Station for assistance11 . -----------=--------------------------------------------=--------------- 4 . -What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Acts include, among others, failure to render assistance, to enforce la,::, to provide medical care to claimants, and oral abuse of claimant Hanline . Please refer to Exhibit A, attached, for further details. (over) .5.. What are the names of county or district officers, servants or einployees causing the damage or in-jury? Deputies Rodriguez , and Does 1-10, .assigned to the Bay Station, p#: Contra Costa County Sheriff' sDepartment, and their supervisors/trainers . ---- 6. What damage or-injuries-do you-claim resulted? -(Give full- extent — of injuries or damages claimed. - Attach two estimates for auto damage) Physical/emotional injuries resulting from violation. bf civil rights, failure M failure to assist, uphold law; pain and. suffering resulting therefrom. 7. -- -How-was aim the amount claimed above^computed? (Include-the-estimated amount of any prospective injury or damage. ) V Estimation of damages which include physical/emotional injuries ,- - violation of civil rights , pain . and suffering from. injuries and violations. ^t 8. Names and addresses of - witnesses, doctors and hospitals. - - - x' William Walker, M.D. , Contra Costa County Hospital, Martinez, CA. Salvador Escbvedo and family, 715 Port St. , #4 , .Crockett; .CA. . Carol Mansfield; Oakland, CA. Does 1-10, whose names/addresses will be discovered. ------------------------------------------------------- ----------- 9. List the expenditures you made on account of this accidentor injury: DATE ITEM AMOUNT _ April 6-8; 1985 Shelter, food,transportation, medication Approx.$200. April. 6-date of claim Medical expenses, transportation, other expenses M unt. to be *** ***** ** ******** ** ***** ****** ** ******** ****a*e*,*e*rIn�pVd. *** Govt. Code Sec. 910. 2 provides : "The claim signed by thejclaimant SEND NOTICES TO: (Attorne ) or b some er 'on on his 'behalf. " Name and -Address of Attorney Claim &nt' S.ignat :II e 715 Port Street,#3 Address Crockett, California 945"25 - Telephone No. Telephone No. (415) 787-j279 NOTICE Section 72 of the Penal Code provides: ':Every person who, with intent to defraud., .presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or' pay the same if genuine, any false or fraudulent claim, bill, .account, voucher, or writing, is guilty of a felony. " OF.FiGES OF CONTRA COSTA LEGAL SERN'ICES FOU'--DATION MAIN OFFICE 1017 N.AC^�'24LD AVENUE. P.•O." bi 22E9 t'AR!(coLoowiTx - RICHMOND. CALIFORNIA 94502 TELEPHONE n O EXECUTIVE DIREMOR _ May 23 , 1 9 85 - iz75)233-945A .Richard K.' Rainey Sheriff, Contra Costa County 651 Pine Street, 7th Floor Martinez , CA 94553 - s Re: Ava Han_. in v. Gerry Case No. 265622 p . Dear Sheri£C Rainey : This letter concerns the alleged failure of the sheriff ' s deputies at the Bay Station in hesitating to enforce a temporary restraining order aginst Gary Hal] and to render assistance to Ava Hanline in an appropriate and professional manner. The complainant,' Ms. Hanline, has requested the assistance of my office in this matter. while there may be other deputies involved, tis. Hanlaine is particularly concerned about the treatment she received from Deputy Rodriguez . In the late evening of April 6 , or in the early ,Morning of April 7 , 1985 , . Ms. Hanline was physically assaulted and traumatized by Mr. Uall at her home, 715 Port Street, #3, Crockett, California, tis. Hanline telephoned the emergency 911 number three times before the deputies arrived at .the premises to render assistance. Although Ms. Hanline appeared physically abused in that she was black and blue . and bleeding, and despite her report to the deputies that ' she was bleeding and in pain, no arrest was ;rude. My client was not informed she could make ai citizen' s arrest, nor did the deputies offer assistance in obtaining medical treatment for her. itiy client informed the deputies that she had obtained a temporary restraining order against Mr. Hall in November 19841 but that she thought it may not be in effect any longer. She. asked that Mr. Hall be arrested. Deputy Rodriguez reportedly'4 checked the S-heriff' s files and told my client that a copy of the restraining order was not on file with that office and ash a consequence that Mr.: Hall could not be arrested. My client and Mr. . Hall both told the deputies that each had rented the .premises and had, therefore, a right to possession of the premises. Deputy Rodriguez told my client s that he believed Mr. Hall had a right to possession of the premises and that she should leave immediately. my client asked the deputy whether they were going to arrest Mr. Hall. Tne E X H I B I T A Richard R. Rainey Sheriff, Contra Costa Coun.�,_y , May 23 , 1985 Page 2 response was that they could not because a copy of the restraining order was not on file. at your office. At that pointe my client requested that she be allowed, to obtain her infant Is'I and her own medication f rom the premises. Deputy Rodriguez refused to allow her to do so, despite the fact that my cl ientl� explained that she was under treatment for citriotic arthritis, and could suffer serious trauma without the medication. The deputy told my client that she deserved the abusive treatment and had asked for it since sh'e had invited Mr. Hall back into her home. During this period Mr. Hall continued to call my client na,t es and to accuse her of using methadone and other drugs. by client informed the deputies that she was enrolled in a government-authorized methadone treatment program and that it was Mr. Hall who was an abuser of alcohol and cocaine. Deputy; Rodriguez then accused my client of "shooting up methadone. "- Deputy Rodriguez stated that he could smell the drug on my. client. My client informed the deputy that methadone had no odor and that it was not injected intravenously. The deputy then accused her of abusing alcohol . My client explained that Mr. Hall had thrown .a glass of wine at her. The deputy then insisted that my client leave with her infant,' or the deputies i,;ould take' tY e infant away from her. Ms. Hanline then had to i struggle with Mr.. Hall to get her infant back. Deputy Rodriguez ' told my client that she should never return to the premises since she had no right to be there in the first place. On April. 8 my client returned to Superior Court and obtained a second restraining order under the same ' case from Judge Richard Flier. Judge Flier assured my client that his bailiff would takea copy of the restraining order to the Sheriff' s Department that very day so that there t•rould be a copy on file. My client then arranged to have one of her neighbors serve Mr. Half with the temporary restraining order. During the evening of April 8 , my client was a%•rakened by I•ir. Hall ' s loud verbal activity. Mr. Hall was calling her :: names and kicking the walls. Mr. Hall broke into the unit and began approaching my client' s room. My client called your j deputies. This time they arrived quickly. Deputy Rodriguez was one of the deputies who again responded to the call . Upon seeing my client there, he demanded to know why she had returned to the premises. My client again explained that she had a right to possession of the pre -aises, 11 and in any event, that she had obtained a second restraining order, a copy of which was on' file at the Sheriff' s-office. Richard R. Rainey p Sheriff, Contra Costa County May 23 , 1985 Page 3 Deputy Rodriguez checked and told her that there was no copy on file with the office. ' Deputy Rodriguez demanded to know whether Mr. Hall had a copy, My client showed ,.Deputy Rodriguez a copy of the restraining order with a copy of the completed proof of service. She told the deputy that she believed Mr. Hall had a copy of the order. This time Deputy Rodriguez told my client that they would ask Mr. Hall to leave and that he would leave only because he believed there was a copy of the restraining order on file with the Sheriff' s Department. Deputy Rodriguez stated that rl they could not arrest mr. Hall under the circumstances. Then ' the deputy told my client that if the deputies were ever called back to the premises to find that Mr. Hall was invited back or that he had broken, into the premises, the deputies would report I s. Han-1ine to the court as having breached .the restraining order. Please note that during the second incident, Mr. Hall threatened to kill my client in the presence of the deputies. After Mr. Hall left, my client informed the deputies that Air. Hall had a shotgun. They searched the premises and found none. within an hour after the deputies had left, Air. Hall a, telephoned my client and threatened again to kill her. On April 10, 1985 1 called Commander Dashner at the Bay Station and briefly discussed this matter. . I was concerned about my client' s safety and the deputies' enforcement of the restraining order', during this period before you have the opportunity to investigate this matter. Commander Dashner explained that current policy requires enforcement of the temporary restraining order only if there is a copy on file w?th a copy of a completed proof of service. However, the Com-under assured me that he would instruct his deputies ' to be aware of and responsive to my client in the event she calls for { assistance. You should immediately inform Commander Dashner and all other officers and their deputies that state law requires enforcement of a temporary restraining order 'under the Domestic Violence Prevention Act whether or not a copy_ of it is on file at your office with a copy of a completed proof of service. The ,judicial Council' s temporary restraining order form now in effect instructs law enforcement agencies as follows: a u Richard R.' Rainey Sheriff, Contra Costa County May 23 , 19'85 Pa ge 4 l THIS ORDER IS EFFECTIVE WHEN MADE. THE LAW ENFORCEMENT AGENCY SHALL ENFORCE THE ORDER IMMEDIATELY UPON RECEIPT. IT IS ENFORCEABLE ANYWEERE IN CALIFORNIA BY ANY 'LAW ENFORCEMENT AGENCY THAT HAS RECEIVED THE ORDER OR IS SHaIN A COPY OF THE ORDER. IF PROOF OF SERVICE ON THE RESTRAINED PERSON V. HAS INOT BEEN RECEIVED, THE LNI ENFORCEMENT AGENCY SHALL ADVISE -THE RESTRAINED PERSON OF THE TERMS OF THE ORDER AND THEN SHALL EN FO RCE IT. . . See Exhlbi,t A, a copy- of the temporary restraining order issued in this case, setting forth the above .language on page two. Again, you should note that at no time during both incidents ',described above did any of the deputies ever advise my client of 'her right to and the alternative of performing a I citizen' s :arrest. The deputies also failed to give my clientll incident report numbers as is required by your policies. I request that you investigate this matter as soon as possible, 'particularly with regard to hcw Deputy Rodriguez approached and handled this incident: Mly client is very upset over the treatment she received, especially , from Deputy a ` Rodriguez .' My client fears for her child' s and her own well-being in the event the deputies fail to render effective assistance if and when Mr. Hall' again threatens or assaults her. I would appreciate a response as soon as possible and a copy of the results of the investigation conducted by your J internal affa-irs department. Yours very truly, PATRICIA A. HIGA ATTORNEY AT LAW. - rjANCY R. D. LEMON ATTORNEY AT LAW BATTERED WOKEN! S ALTERNATIVES PAH :jm Enclosure cc: Ava Hanl ine - IIS AV•A '3-., �JtT�,L1NE (43R5) 787-327910 III 7 ),5 'Poi--t Street { Crocf:�tt , CA 94525 ., f ,,,_.. r,•, ,: ,..,.r __ In_Pro Per a LUrE'tt0COURT OF G_LIFO.R,iIA,. C0U'ITY 4F lir)-�� S7✓-fE7 AD:-,ffSS 125 [punt Street L'-=3 t I u�rutiG •DnEss. P. 0. Boz 911 1- 1TY AvD zro CODE: Hartinez, Ca 5=553 h V rt,1�1TIFF: AVA ) - , 1 R OI S`0;�. r,{,� �1_Ik HANL7 NE ,:, � DEF NDANT. GARY HALL . ' — CASE ,+u,J31R �If ORDER TO SHOW CAUSE A`.D TE'APOR::RY RESTRAINING ORDER 265622 ) (Dpmtstic V;o'anccIPre:.r.tion ,ret — Unifon paten;ace Act) HIS CRDER SHALL -EXPIRE AT THE DATE AND THE T;ME OF THE HEARRgG SHOWN IN THE BOX FOR ITEM 3 UNLESS X7ENDED BY THE COURT. To Ceier.-'ant (name): _GARY _HALL { You t:rr3 ordarad to r,?paar In t'„s court as foliovvs to 97ve any legal reason vv -,y the orders sought in the Ut.achc-d t,pD!;cati(,n Ghoufd not ba grantad. - L e: �3- t ` time: (�'� dept.: rm iE If you do r•ot etrend the herring, further ordars n-.ey he rn,�de -3a7nst you. You Neve the right to appear znd oppose the {ppl;rat;on, r-ith or rriti. gut En atromey. TEMPORARY RESTRAINING ORDER f )NT:L THE T11✓E OF HEARING. IT IS ORDERED - Defendant sl.a!I not Cort;f:3_molest attack, strike, Three-In, sexually assault, batter, ,clephone or disturb the peace of plaintiff and the foilov,�, -family and h:�`ehold rr.ernbers (names): JAh,F;S HALL Y.XI Defennnt musI ir:rr,ediately mo-e from (addresst. 7] 5 Port Street, Crockett, - CA 99525 and ta1,e only per5on2clothing and effects needed until the'hearing. r � LJ Ce'•cn e otd=_led to-stav at least (SR ec;fy): , ] 00 yads zv:ay from the folic::;ng persons and Paces (!h: add.•esses of ;hese paces bre up..*;onoI_and you do not ha.e to ;cv_ar them): 7] S Port Street, Crockett, CA a. P:aintlff );X and the foP,pti ,ng farnrly and_hous_ho;d rncrnb=_rs (name): JAI-,ES HALL, Paintiff's residence t•=ddress option al) 71 5 Port Strut, Crockett, CA r . • (.1 G r:_;miff's place of_, -DA (address optional): . d. The children's school or place of child care (add,•ess opt;onall: 1 - e 01her (specify):' _ l�ddress optional): - VIOV:T)ON OF THIS 7Et.,POR RY RESTR.4INi`:G ORDER IS A 1.51SDEt.tE.'-,NOR, PUFI;SH,^.BLE EY A $1000 F170F X I:THS IN!Fitt , OR BOTH. T}i;S ORDERS ALL BE E' FORCED EY ALL LA-.11 E^:FC tCEL E:`.T OFFICERS LV THE 57.r,T �L;FCn`':A. ---- - lTempoiary Pesl,a;n"rig Oder Cont;rued on re=seJ --- 11---- b, P-1, »sb,o ORDER TO SHOW ( MUSE .4ND TEI:'POR:RY RES7 Ft.i^:l%tG ORDER f J-[t•,,Cc.,nt:•1 of C,I,f o,rr• 10:a,. _. . ,,, t. ,s1 sI (Domestic Vio'er.ce Prevention — Unifprrn Parentace) cc? 0. s3 AVA GGARY Y H ALL �._- -- ----__--__- -- - - - -------___L _ ._------ ---- -- ------ --___.�..___ Cal e`Wslo:jy. and conit0) olkhe fo*:o'.%ing (-, ,nuf ch.:_''cn a'e t'b�p::)-ari!y 10 pla;r•: ff, Ch,:d'S !:a:ne JT-MES HALL-1 date of birth 1 / 31/84 f '=,c1::srve temporary use; PCs session and control of the folie•;.ing property are given 10 ptarnt,ff: ' 4 All household goo, s and furnishings , including television set - X' OTHER ORDERS !specify): � That the Sheriff ' s De partFile nt be ordered to abide by this ordter _ On 4/6,185, they refused to arrest GAMY HALL , for assault and tjold me I should leave the house with f-he baby JA„ES. I personally leased that .apartment and it has been ray' son' s home since he was born: > rt r `ti ld r andan rSf service sha, to ven to the .a:: el-Jorcemenj,y the c:ose obusiness on the dte th's order a copy of ,, s older y p o0 o g genc:es !rs:ed below as follo•.vs m(t) p!atnitff shall del, Contra CCS( a Collnf-y Sheriff ?21 )� `. pla,nttff's allorr•eylishall delfver- _ 651 Pine Street, (;art l,nez , .CA 94553 ' (3) _—; the clerk of the court s'= all mail. - t2Ivw enlotcE:.en: acency Contra Costa County Sheriff 651 Pine Street, Martinez , CA Application for an order shortening time rs granted and the f0110•;,ing documents shail.be persor 4' �4 e ac�f PIIS �U dll c(I I$id d �Uirc CCpf ` no less than (specify numberJ: j 2 :days before the time set for hearing: " 1 • of the oriLlnai on fire' in (1) Order to Shcw Cause and T=mporary Restraining Order {Domestic Volence Prevention — 'll?i:rrn Paicniage) 12) Appl,cation and Declara�.iion (Domestic Violence Prevention — Uniform Farer.tcge) 131 a'ar.k t=es onsive Declaration (Domestic Volen�:e Prevention — Unrfcrm Fa -.age) - '- 0) InCpr„e anC Expense Declaration , . . . -. � .. i, �}t :.1.x_ 15) i-_J oeclaraiIUn Vnd r Unifprm Custody Of ftij:`D;S Act f1' ��SS01. (6) !! Other •'s;ec,fyJ: . l >:-an,4j Ci rkx d tz.Ull'ia0 Clerk of "D • - i_tzti't rf Gf 1,E,/T.:•i2 of C • lir? Y�, .1�I-f� >•� THIS ORL'`'..ER tS EFFECTIVE %YHE`: .'.'ADE. THE L/'"Y E.N 0.9CE•'.'ENT AGENCY Sr'=1_L E.<F0RCE TYE 0 R D E R I;.S.".;ED!ATEIII Ur-0IN ;~IECEIPT. IT 1S ENFCRCE_ SIE A1"N-(.'.'HERE N C.' LIFCPRN-^,oY ANY 1_G'.Y Et:FO?C -`y'. ^i i =G�_: SC-Y -;K-,T 14-C.5 RECEIVED T};E ORCER CR IS SHOT"r'N A CCr^l OF THE C=%ER. IF F`n0OF CF SFWICy�EON TH.c REST R .:'.:_D i P.SC : 1 AS::CT B.-F_ 1 RECEIVED, THE L^'�`+l E':FCI.: RCEE.NT-GENCYSI-ALIp1R HE L AC-VISE TREST:_4`.':_rJ SO,'I or THE TL .%tS OF TM`_ O?,,:r`_rP AND THEN SHALL E'::O:+CE FT_ V Mi7,K'S CEiKTIFiC JE OF 11f1;.IUNG c:_r"I,f tF•ai I am not a � to lhls cause and teat a_co; Of the fore o`ln v:a5 r-at!cd fr'Si class, c5tage e--a,d, in a sealed Y p rTY rY `g�% `g _ P � Pr r en.elcpe addressed as s'l-o'. _ ` g " and t :s �n to ilE�l 11 and ;hat t,.e fO:e"Or 'n v:a5 rat'.'Cd `,� Gera +C ata 'r S .r2Gl. ed at. - rr!acel: on f(!a:e): Cte k, U� GeY ty UNDER TU SHOW CAUSE AND TEi.',P0RARY rESTRAI':I^.G ORDER CLAIM _BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA i BOARD ACTION Claim Against the -pun y. or District ) NOTICE 70 CLAIMANT August 13, 1985 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are } Board of Supervisors (Paragraph IV, below), to California Government Codes } given pursuant to Government Code Section 913 f and 915.4. Please note all "Warnings". Claimant: Barry Bartell Allums County Counsel Attorney:Roberts & Stokes, Attorneys at Law JUL 13 1985 160 Franklin Street, Suite 200 Address: Oakland, I'CA 94607 Martinez, CA 94553 Amount: $200, 000. 00 By delivery to clerk on Cert P200 69 5522 Date Received: July 18, 1985 By mail, postmarked on July 16. 1C)89 C I. FROM: Clerklof the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. I. (Loo Dated: July18 , 11985 PHIL BATCHELOR, Clerk, By " Deputy Carvel velli II. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) (71�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.$). ( } Claim is notltimely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (SectiJn 911.3). ( ) Other: a Dated: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present Com' This claim its rejected in full. ( ) Other: I I certify that this is a true and correct copy f the ard's Order entered in its minutes for!this date. Dated: -�` PHIL BATCHELOR, Clerk, By , Deputy Clerk _,J] WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months Pram the date of this notice was personally served or deposited in the mail to file a'oourt action on this claim. See Government Cade Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2)County Administrator Attached arp copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to pr ent a late claim was mailed to claimant;. DATED: i 3- .5� PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) I CLAIM i July 16,. 1985 RECEIVED JUL /8 1°,95 c j PHIL BATCHELOR Board of Supervisors CLERK DOARDOFSUPERVISOR$ ONTR COSTA C (County of Contra Costa) By .. . 0- - oec�rr 651 Pine Street Room 106 Martinez , CA 945.53 Attn: claims I. TO CONTRAICOSTA COUNTY (BOARD OF SUPERVISORS ) BARRY BARTELL ALLUMS HEREBY makes claim against the County of Contrai Costa for the sum of $200.00 . 00 and makes the followinglstatement in support of the claim: f, 1. Claimant' s Post Office address is 2629 Virginia, Richmond, ICalifornia 94805 2. Notices concerning the claim should be sent to Roberts & Stokes ', Attorneys at Law, 160 Franklin Street, Suite 200 , Oakland, California, 94607 3. Thedate and place of the occurence giving rise to this claim are April 22 , 1985 at A - Dormitory, Sheriffs Rehabilitation Center, Clayton, California. 4. The 'circumstances giving rise to this claim are as follows : f At the above time and place, claimant was in custody and housed at the rehabilitation center in Clayton when he was assaulted and battered by two fellow inmates due to the negligent supervision of Contra Costa County Sheriff 'sDepartment. 5. Claimants injuries are, among other things, fractured Jaw, Neck Sprain, blurred vision, headaches. 6. The name of the public employee causing the claimants injuries are unknown. 7. My claim as of the date of this claim is $200 ,000. 00 . i I C l I Contra Cos to Cty. Re: B. Allums July 16, 1985 Page Twq_. f - 8 . The basis of computation of the above amount is as follows : EstimatedlIMedical Expenses incurred to date: $ 10,000 .00 Future Medical Expenses $ 20,000.00 Loss of Wages $ 15,000.00 General D{mages $155, 000. 00 TOTAL $200,000 .00 Dated: July 16 , 1985 r i DANNY STOKES, ESQ. on behalf of Claimant I I I is i Ji I I i i j i i i 0 I I I i i i CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT August 13, 1985 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Madelenle Taranto, Linda Carlson, Dodie Swisher, John Polries Mike Polries Attorney: Allan Hi. Lerch County Cou"P4 Lerch, Harrington & Associates Address: 465 Caliifornia Street, Suite 400 JUL 1 M5 San Francisco, CA 94104 , Amount: $5, 000,1000 00 By delivery to clerk on Martinez, CA 9053 Cert. P248 803 660 Date Received: July 15 , 1985 By mail, postmarked on July 11 , 1985 I. FROM: Clerk! of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. i Dated: PHIL BATCHELOR Clerk0, Deputy Tl,1 v 1 5, 1 AF 5 , , By ,, pu y I Ann Cervell,i II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8).- Claim 10.8).Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ,/%;;::. ; IU< By; Deputy County Counsel III. FROM: Clerklof the Board TO: (1) County Counsel, (2) Co ty Administrator i ( ) Claim was returned as untimely with notice to claimant (Section 911.3). i IV. BOARD ORDER By unanimous vote of Supervisors present This claim is rejected in full. ( ) Other: l ' I certify that this is a true and correct copy f theard's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Lo , Deputy Clerk I WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months Pram the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Govern:aent Code Section 945.6. You may seek`'the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk' of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. j ( ) A warning oficlaimant's right to apply for leave to present a late claim was mailed t claimant.I DATED: _(��_ Q'S �' PHIL BATCHELOR, Clerk, By A4"Ja , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM NOTICE OF CLAIM AGAINST PUBLIC ENTITY AND/OR HOSPITAL DISTRICT PURSUANT TO DIVISION 3 . 6 OF THE GOVERNMENT - CODE OF THE STATE OF CALIFORNIA 1 . TO: ADMINISTRATOR, CONTRA COSTA COUNTY HOSPITAL, CONTRA COSTA COUNTY MEDICAL SERVICES, MARTINEZ , CALIFORNIA i THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA MARRTINEZ , CA i 2 . CLAIMANT 'S NAME: MADELENE TARANTO, LINDA CARLSON, DODIE SWISHER, JOHN POLRIES, MIKE POLRIES 3 . AMOUNT OF CLAIM: $5 ,000 ,000 .00 4 . ADDRESS TO WHICH NOTICES ARE TO BE SENT: Lerch, Harrington & Associates 465 California Street, Suite 400 t San Francisco, CA 94104 5 . DATE OFJ' OCCURRENCE: April 14, 1985 6. PLACE OF OCCURRENCE: Contra Costa County Hospital II Martinez, California 7 . TYPE OFfOCCURRENCE: Wrongful death 7 8 . HOW DIDINCIDENT OCCUR: Following a vehicular/interpersonal F incident, Ernestine Polries was admitted to the aforementioned hospital for defitive care and j treatment. Ms. Polries died before being discharged from said hospital E due to negligence and carelessness in the examination, diagnosis, testing, treating, operations and administration to said decedent. ITEMIZATIONOF CLAIM: Loss of care, comfort, society, love, companionship, ` development of severe emotional distress as a result of the death of Ms. Polries. DATED: July 11 , 1985 / ;1 LERC , A RINGTON & ASSOCIATES B RECEIVED AN H. LERCH JUL /5, 1985 rba BATCHELOR RK 6 D OF SU MIS= J C N a COS 6 m D ul, - p CLAIM BOARD OF MWVISORS OF CONTRA COSTA MRM CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT August 13, 1985 governed by the Board of Supervisors, ) The copy of this document mailed to you isYo ur Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all „Warnings". Claimant: JOSE LUIS ESPARZA, OFELIA ESPARZA, RAFAELA ESPARZA, JESUS ESPARZA, JR. JESUS ESPARZA, SR. JOSE NOEL POMPA ESPARZA,CoWjh� % MS OF RUBEN. ESPARZA Attorney: JOSE LOPEZ ESPARZA James S. Feliciano, Attorney at Law JUL 19 1985 Address: 2160 The Alameda San Jose, CA 95126 1 GA 94553 Amount: By delivery to cle � $50,000, 000. 00 Date Received: July 17 , 1985 By mail, postmarked on July 16 -1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a' copy of the above-noted claim. Dated: July 17,, -1985 PHIL BATCHELOR, Clerk, By 0 ° Deput Y II. FROM: County, Counsel TO: Clerk of the Board of Supervisors (Check only one) (K) This claim complies substantially with Sections 910 and 910.2. i { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.$). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: -2 5 By: _c Deputy County Counsel III. FROM: Clerk`of the Board TO: (1) County Counsel, (2) ounty Administrator { ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present P< This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the a'd's Order entered in its minutes for ,this date. Dated: ' PHIL BATCHELOR Clerk B BATCHELOR, � Y , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave tot a late claim was mailed to claimant,. DATED: � 'rY�, PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) rn N r�r 1 RECEIVED .iUL l7 i9 2 In the matter of the Claims PHIL SKICL11" 3 of the heirs of Jose Luis C NT'. , A RVISORS Esparza, Ofelia Esparza, Rafaela LY2 / 4 Esparza, Jesus Esparza, Jr. , 5 Jesus Esparza, Sr. Jose Noel 6 Pompa Esparza, the heirs of CLAIM FOR DAMAGES Ruben Esparza, Jose Lopez Esparza, 7 8 9 10 TO: SUPERVISORS OF CONTRA COSTA COUNTY 11 1 . ADDRESS OF CLAIMANTS: The Claimants reside at 0 12 2151 Appian Way, Pinole, CA. a � 13 C� agUn 2. ADDRESSES TO WHICH NOTICES ARE TO BE SENT: The W a v _ ( � 14 � F- Oce, addresses to which claimant request notices to be sent is U) 15 JAMES S. FELICIANO, ATTORNEY AT LAW, 2160 THE ALAMEDA, 16 SAN JOSE, CA 95126 , attorney for claimants. 17 3. DATE, PLACE, AND OTHER CIRCUMSTANCES OF THE OCCURRENCE 18 WHICH GIVES RISE TO THE CLAIM: 19 This claim is based upon the automobile accident at Willow Avenue and San Pablo Ave, Rodeo, California, on 20 April 28, 1985, in which a single car crashed due to the 21 defective design, construction, and maintenance of the 22 roadways. 23 4. DESCRIPTION OF INJURIES, DAMAGES, AND LOSSES: 24 25 As a proximate result of the said acts of defendants, 26 and each of them, plaintiff were injured. Plaintiff ' s heirs of Ruben Esparza and Jose Luis Esparza have suffered 27 28 all allowable damages as provided by the law of California 1 for wrongful death claims. 2 3 5. AMOUNTS CLAIMED: General damages allowable by the laws of the State of 4 California for personal injuries and wrongful death 5 actions to be determined according to proof. Accordinqly, 6 therefore, demand is hereby made for payment of damages sustained to date to the claimant in the sum of 7 $50,000,000.00. 8 9 Dated• �S 10 11 JES S. FELICIANO 12 NEY FOR CLAIMANTS •J Q fG `I 3 W IA O 13 lig aaU � w v M = nN 14 U 0 0 w av 15 N 16 17 I 18 19 20 21 22 23 24 25 26 27 28 { FRin;r OF SERVICE BY MAIL 1 [CCP 1013a, 2015.5] 3 . I, Gloria E. Feliciano , do hereby certify that I am a 4 resident , employed in the County of Santa Clara . _T am over 5 , 18 years of age and not a party to the within action; my 8 business address i's: 2160 The Alameda, San Jose, CA 95126 . 7 On July 16, 1985 , I served the within 8 CLAIM FOR DAMAGES 9 10 in said action, by placing a true copy thereof enclosed in a 11 sealed envelope with postage thereon fully prepaid, in the 12 United States Mail at Santa Clara , California a addressed as follows : 13 =y = 14 $ I' COUNTY SUPERVISORS N 15 County of Contra Costa 651 Pine Street 16 Martinez, CA 94553 17 I 18 , i 19 I certify under penalty of perjury, that the foregoing is 20 true land correct. 1. 21 ExecuP ted on July 16, 1985 at San Jose California. 22 23 24 SIGNATURE i 25 C 26 . L I 27I t i e I 1 2 In the matter of the Claims 3 of the heirs of Jose Luis 4 Esparza, Ofelia Esparza, Rafaela Esparza, Jesus Esparza, Jr. , 5 Jesus Esparza, Sr. Jose Noel 6 Pompa Esparza, the heirs of CLAIM FOR DAMAGES 7 Ruben Esparza, Jose Lopez Esparza, 8 9 10 TO: CITY COUNCIL OF RODEO 11 1 . ADDRESS OF CLAIMANTS: The Claimants reside at o C 12 2151 Appian Way, Pinole, CA. v ; wine 13 2. 'ADDRESSES TO WHICH NOTICES ARE TO BE SENT: The ¢ =n14 k � O0 addr�esses ,to which claimant request notices to be sent is ti a Z " &Cn < 15 ,JAMES S. FELICIANO, ATTORNEY AT LAW, 2160 THE ALAMEDA, 16 SAN -JOSE, CA 95126 , attorney for claimants. 17 3. DATE, PLACE, AND OTHER CIRCUMSTANCES OF THE OCCURRENCE 18 WHICH GIVES RISE TO THE CLAIM: 19 ' This claim is based upon the automobile accident at Willow Avenue and San Pablo Ave, Rodeo, California, on 20 April 28, 1985, in which a single car crashed due to the 21 defective design, construction, and -maintenance of the 22 roadways.' 23 !4 4. DESCRIPTION OF INJURIES, DAMAGES, AND LOSSES: 24 25 As a proximate result of the said acts of defendants, 26 and each of them, plaintiff were injured. Plaintiff ' s heirs of Ruben Esparza and Jose Luis Esparza have suffered 27 28 I i PR'v r OF SERVICE BY MAIL 1 [CCP 1013a, 2015.51 2 3 I , !Gloria E. Feliciano , do hereby certify that I am a 4 : resident, employed in the County of Santa Clara. i am over 5 ) 18 years of age and not a party to the within action; my 6 business address is: 2160 The Alameda, San Jose, CA 95126. 7 On July 16, 1985 , I served the within 8 iCLAIM FOR DAMAGES 9 10 in said action, by placing a true copy thereof enclosed in a 11 sealed envelope with postage thereon fully prepaid, in the t2 United' States Mail at Santa Clara , California v < N addressed as follows: w S � ° 13 = y 14 COUNTY SUPERVISORS 15 i County of Contra Costa 651 Pine Street 16 Martinez, CA 94553 17 181 19 iI certify under penalty of perjury, that the foregoing is 20 true and correct. 21 Executed on July 16, 1985 at San Jose California. 22 23 - 24 SIGNATURE 25 26 II 27 , y • all allowable damages as provided by the law of California 1 for �rongful death claims. 2 3 5. AMOUNTS CLAIMED: General damages allowable by the laws of the State of 4 California for personal injuries and wrongful death 5 actions to be determined according to proof. Accordingly,. 6 therefore, demand is hereby made for payment of damages sustained to date to the claimant in the sum of 7 $50 ,000,000.00 . 8 9 Dated• 5 10 11 MES S. FELICIANO 0 � d 12 ATTORNEY FOR CLAIMANTS a � j N UJ g ma 13 ; Q � � Cq a it U) 14 V z o ) Q W atoZ � N< 15 C 16 I 17 + 1 l 18 i 19 20 21 i 22 23 r 24 25 26 27 28 I i APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION August 13, 1985 Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Goverment Code Sections 911 .8 and 915.4. Please note the "WARNING" below. Claimant: Hershel Denton Haley County COU(lsei Attorney: F: Joseph Bechelli, Jr. JUL 19 1985 Address: Boatwright, Adams & .Bechelli CA 94553 1738 Grant Street Martinez, Amount: Concord, CA 94520 By delivery to Clerk on $5, 000, 000. 00 Cert. P136 947 540 Date Received: July 18, 1985 By mail, postmarked on July 17 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is;a copy of the above noted Application to ile Late Claim. DATED: July 18 . 198EHIL BATCHELOR, Clerk, ByDeputy 440a ' '012� 4Ah Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors i ( ) The Board should grant this Application to File Late Claim (Section 911.6). (� The Board should deny this Application to File Late Claim, (Section 911.6). DATED: Y-Z Z-g S VICTOR WESTMAN, County Counsel, By Deputy III. BOARD ORDER; By unanimous vote of Supervisors present (Check one only) i ( ) This Application is granted (Section 911.6). ( This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: R-�.3 -bPHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediatel . IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on ,this Application by mailing a copy of this document, and a memo thereof has ben filed and "'endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: PHIL BATCHELOR, Clerk, By a Deputy am V. FROM: (1) !County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM is l RECEIVED F. JOSEPH BECHELLI , JR. �0 L l� l 1 BOATWRIGHT, ADAMS & BECHELLI 1738' Grant Street PHIL©ATGHELOp 2 CLEM O ARO OF SU EROVISORS Concord, CA 94520 3 (415 I) 687-9121 eve ' ..... . ...... oeputy 4 I APPLICATION FOR LEAVE TO PRESENT LATE CLAIM 6 TO: CONTRA COSTA COUNTY Board of Supervisors 7 651 Pine 8 ( Martinez, CA 94553 9 10 In the Matter of the Claim of: ) � ) 11 HERS HEL DENTON HALEY ) 12 !' against ) i ) RA COSTA COUNTY ) 13 CONT� ) 14 � 1. Application is hereby made for leave to present late 15 claim, under Section 911.4 of the Government Code. The claim is 16 founded on a cause of action for personal injuries which accrued 17 on October 19, 1984, and for which a claim was not timely 18 presented. For additional circumstances relating to the cause of 19 actin, reference is made to the proposed claim attached hereto 20 as Exhibit A and made a part hereof. 21 I, 2. The reason for the delay in presenting this claim is 22 thatl the claimant was physically and mentally incapacitated 23 I during all of the period when the claim should have been 24 presented; and by reason of the disability failed to timely pre- 25 - sent the claim, as shown by the declaration of HERSHEL D. HALEY 26 attached hereto as Exhibit .B and made a part hereof. 27 I 3. This application is presented within a reasonable time 28 BOATWRIGHT,ADAMS &BECHELLI ATTORNEYS AT LAW 1 1738 GRANT STREET CONCORD.CA 94520 ___ (415)667.9121 after the accrual of the cause of action as shown by the declara- 1 tion 'of HERSHEL D. HALEY attached hereto as Exhibit B and made a 2 3 part (hereof. 4 WHEREFORE, it is respectfully requested that this applica tion ,be granted and that the attached claim be received and acted 5 1 upon in accordance with Sections 912. 4-912. 8 of the Government 6 j Code: 7 DATED: July 17 , 1985 BOATWRIGHT, ADAMS & BECHELLI 8 i 9 �f 10 F. JOSEP-'P ECHELLI , JR. 11 12 i 13 1 I 14 15 16 17 18 19 i 20 l 21 I 22 23 24 25 1' 26 27 J I 28 BOATWRIGHT,ADAMS &BECHELLI 2 ATTORNEYS AT LAW 1738 GRANT STREET CONCORD,CA 94520 (415)687-9121 4 • i BOATWRIGHT, ADAMS & BECHELLI ATTORNEYS AT LAW 1778 BRANT STREET CONCORD.CA 91570 DANIEL-E. BOATWRIGH_T TELEPHONE(11S)687.9421 DALE C. ADAMS F. JOSEPH BECHELLI, JR'. MARTIN T. GONSALVES NICHOLAS E. SCHAEFER July 17, 1985 i I CONTRA COSTA COUNTY Board of Supervisors 651 Pine Street Martinez, CA 94553 i HERSHEL DENTON HALEY hereby makes claim against Contra Costa County for the sum of $5, 000,000. 00 and makes the following statements in support of his claim: 1. Claimant 's post office address is: c/o Boatwright, Adams & Bechelli i 1738 Grant Street Concord, CA 94520 2. Notices concerning the claim should be sent to: i ' c/o Boatwright, Adams & Bechelli 1738 Grant Street Concord, CA 94520 3. The date and place of the occurrence giving rise to this claim are: lOctober 19, 1985, on Taylor Blvd. , southbound direction south of Greenhill Drive. I 4. The circumstances giving rise to this claim are as follows: A'it said time and place, Contra Costa County and its agents and iemployees did negligently and carelessly design, construct and maintain the roadway of Taylor Blvd. , such as to cause claimant 's vehicle to roll over violently as it drove along Taylor Blvd''. , thereby causing claimant serious injuries. 5. Claimant 's injuries include, but are not limited to, fractured vertebrae, paralysis of his body below the neck, two fractured ribs and severely bruised left ankle. 6. Th'le names of the public employees causing the claimant 's injuries are unknown. 7. OuI'r claim as of the date of this claim is $5, 000, 000. 00. i EXHIBIT I CONTRA COSTA COUNTY Page 2 July 17, 1985 8. The basis of computation of the above amount is as follows: f ; Medical Expenses Incurred to Date: Unknown Estimated Future Medical Expenses: Unknown Loss of Wages: Unknown . General Damages: $5,000,000. 00 Costs : Unknown TOTAL $5, 000, 000. 00 i I Very truly yours, BOA HT, ADAMS & BECHE LI i 1 BF B ELLI , JR. FJB: lm i i i i I i I l i i i i i i, I' i II 1 i DECLARATION OF HERSHEL DENTON HALEY 1 2 -- ' 3 II , HERSHEL DENTON HALEY, declare as follows: 4 i!1. I am the claimant in the action against Contra Costa 5 County. I 6 �2. On October 19, 1984 , I was severely injured in an auto- 7 mobile accident. As a result of that accident, my neck was I 8 fractured and I was paralyzed from the neck down. 9 i3. As a result of this accident, I also suffered the most 10 extreme emotional trauma in trying to deal with the possibility 11 that I may never walk again. That emotional stress has prevented I 12 me from thinking about the accident, its cause and any legal 13 steps I may be able to take. 14 4. I have begun physical therapy, and am now able to use a 15 wheelchair. I have progressed since my discharge from the 16 hospiltal on February 22, 1985, and I have now returned to work. 17 Due to these physical and mental disabilities, I was not 18 able 'Ito consult with an attorney regarding this accident, until I 19 telephoned F. JOSEPH BECHELLI , JR. on July 12, 1985. He then 1 20 advisled me of the 100-day claim requirement, and the possibility 21 that `'Contra Costa County may be liable for the injuries I 22 suffered due to negligent highway design and construction. He 23 and I then met and examined the police report, and now present 24 this application. 25 15. I respectfully request relief from the 100-day limit on 26 filing a claim against Contra Costa County, on the grounds that I 27 was physically and mentally incapacitated and prevented from 28 j BOATWRIGHT,ADAMS r ATTO R EYS ATLLAW 1 EXHIB"IT 9 1738 GRANT STREET I' CONCORD.CA 9;520 1 filing said claim during the claim period and beyond, through 2 July ;12, 1985. 3 'I declare under penalty of perjury that the foregoing is 4 true and correct and this Declaration was executed on July 17, 1985, at Concord, California. 7 HERSHEL DENTON HALEY 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 i 25 26 27 28 BOATWRIGHT.ADAMS &HECHELLI ATTORNEYS AT LAW 2 1798 GRANT STREET CONCORD,CA 94520 14151887.9121