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HomeMy WebLinkAboutMINUTES - 07291986 - 1.18 CLAN BOARD OF SUMVISMS OF COM WSTA allCr. CUMWO A ARD ACTIOFI Claim Against the County, or District ) WnCE 10 a ADM July 29 , 1986 governed by the Board of Supervisors, ) The copy s document M710d to you is your Routing Vubraements, and Hoard ) notice of the action takes: on your claim by the Action. All Section references are ) Hoard of Supervisors (Paragraph IY• below). to California Government Codes ) gives: pursuant to Gone wwt Code Section 913 and 915.4. Please note all vgarnings". Claimant: J. EUGENE YOUNT Cnnntj i punsel Attorney: Jul- p 7 1986 Address: P. O. Box 2534 �a�RgZ,Cpt�S� Berkeley, CA 94702 June 30 Amount: $5, 000, 000. 00 By delivery to clerk on , 1986 Date Received: June 30, 1986 By mail, postmarked an June 28 , 1986 I. : Clerk of the Hoard of Supervisors 70: Attached is a copy of the above-noted claim. Dated: July 2 , 1986 PHIL BATCHELOR, Clerk, By Deputy L. Hall- 11. : County Counsel TO: Clerk o of Supervisors (Check only one) ( X) This,.cl4im oompliep 527tanti-ally with Sections 910 and 910.2 LLQ'--c� GGL.C,G �G1v ( ) This claim FAILS to Camiy ubstantially with Sections 910 and 910.2, and we are so ratifying claimant. Th[e�Board Cannot Oct f9r 15 days (Section 910.8). (� Claim is not timely fileClerk 6hould r6turn claim on that it was file�d0 late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). 0 ( ) Other: AWT Dated. Deputy County Counsel III. FROM: Clerk of the Board TO: (1) unty Counsel, (2) County Administrator (�) Claim was returned as untimely with notice to claimant (Section 911.3). IV. HDARD WER By unanimous vote of Supervisors present ( ) This claim is rejected in full. (y() Other: Por 1 1 n ref-irr 1Pfl as unfia iml y is red eci— in full . I certify that this is a true and correct copy of the Board's Order ent&W in its minyu�tos or this date. Dated: JUL Z9 PHIL BATOMOR, Clerk, By - , Deputy Clerk YAMM (Gov. Code Section 913) Subject to certain ptiosn, you have only six (6) mosiths from the date of this ootioe was pemaslly served or deposited in the mail to file a court action an this claim. See Government Code Section 945.6. You my seek the advice of an attorney of your ohoioe in eormeetian with this matter. If you want to consult an attorney, you should do so lum diately. V. FROM: Clerk of the Board 70: (1) County CowAwa, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardes action an 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 �1��nt. DATED: UL � U 1986 PHIL BATCHELOR, Clerk, By • Deputy Clerk cc: Countv Administrator (2) County Counsel (1) w CLAIM AGAINST CONTRA COSTA COUNTY CLAIMANT ' S NAME: J . EUGENE YOUNT RECEIVED , CLAIMANT'S ADDRESS : P. 0. Box 2534 JUN go 1ggr, Berkeley , CA 94702 p 4 HEIOR CIER F P Is Q By ..........:.... ...... . ph, DATE OF INCIDENT : September 17 , 1985 throu DESCRIPTION OF INCIDENT GIVING RISE TO CLAIM: On September 17, 1985, I retained the Contra Costa County Public Defender, Concord Branch, to represent me in a criminal proceeding in which I was accused of misdemeanor possession of stolen property, a sailing yacht, lawfully registered to me. At the time of my arrest, the Martinez Police immediately released, the yacht and all of its contents into the possession of a lien claimant, instead of following the procedures mandated by Penal Code Sections 1.207 et seq. Although I informed the Contra Costa County Public Defender of these facts, and of the fact that I still claimed ownership interests in my yacht, at no time did the Public Defender make a motion for return of property (Penal Code Section 1413(C)) so that the yacht's rightful ownership could be determined. Because the Public Defender did not challenge the possession of the yacht, the lien claimant sold the yacht. This and other aspects of the Public Defender's representation of me have been so negligent and incompetent that I was forced to move for substitution of counsel in order to preserve my right to a fair trial . RESPONSIBLE COUNTY EMPLOYEE: Margaret Carter was apparently the Public Defender assigned to my case . NATURE AND EXTENT OF DAMAGES OR INJURIES : I suffered the loss of my personal property (including a sailing yacht, navigational equipment, clothing, etc.,) as well as emotional trauma as a result of the loss of my property and as a result of the negligent and incompetent representation of me in the criminal proceedings. The bases for my claims include violation of my civil rights, intentional and negligent inflicition of emotional distress. AMOUNT OF CLAIM: $5,000,000.00 (Five million dollars. ) i Dated : 9 L a" BOARD OF 3MVISMS OF OWN OMA WUIM, CAI.II+Q�IA BARD lL'1TON Claim Against the Ccxmty, or District ) BICE TO CEJW gT Julv 29, 1986 governed by the Board of Supervisors, ) The copy o a oo�umt led tc you is >or Routing Endorsements, and Board ) natioe of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph I99 below), to California Government Codes ) given pursuant to Goverment Code Section 913 and 915.4. Please ante all "ii""Unsel Claimant: MARY ZITO Attorney: JUL 0 71986 Address: 1470 Livorna Road MatttneZ. Al , CA 94507 Amount' Alamo, 5 By delivery to clerk on July 1 . 19.86 Date Received: July 1 , 1986 By mail postmarked on June 30, 1986 I. Clerk of the Board of Supervisors 70: ,r ,, _-, :.,, Attached is a copy of the above-noted claim. '� '` Dated: July 2 , 1986 PHIL BATCHELOR, Clerk, By t � Deputy Hall II. : County Counsel TO: Clerk of the Board of Supervisors (Check only one) (X) 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 an 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: �'G, By: �= r Deputy County Counsel III. 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 (x) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its aims for this date. �^?^���/ /p� Dated: uL 291986 PHIL BATCHELOR, Clerk, By {/ � ,� , Deputy Clerk WAMM (GOV. Code Section 913) Subject to oertain exoeptions, you have only six (6) months from the date or this notice was personally served or deposited in the mail to file a court action on this claim. See Govw went Code Section 945.6. You may seek the advice of on 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 resent a late claim was mailed to-claimant. DATED:_ 1101 ` PAIL BATOODR, Clerk, By . - , Deputy Clerk cc: County Administrator (2) County Counsel (1) P. CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant 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) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 9.11, Martjnez, CA) _ 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 /, ) VIf RECEIVED Against the COUNTY OF CONTRA COSTA) Jul- or DISTRICT) (Fill in name) ) aem The undersigned claimant hereby makes claim a `' ' Contra- Costa ontraCosta or the above-named District in the sum of $ ,SS and in support 'of this claim represents as follows: ------------------------------------------------------------------- d ----- 1. When did the amage or injury occur? (Give exact date and hour). 25, IIk(-- ---••-------T------------------------------------------------------------ 2. Where did .the damage//--or injury occur? (Include city and county) -- -------------------------------------------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) / ,U "ZyY o? AZI- 4 . What pa ticul�r actor omission on the part of county or district officers , servants or employees caused the injury or damage? (over) s P �5. What_ are the names of county or district officers, ..ser_.v_ an_ ts..:.or.,... .r } employees causing the damage or injury? ------------------------------------------------------------------------- ,6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Qzz a-& - - ------------- ------------------ --------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) L=�1 22,ZJ_______��� --------- -e --- = = - --------------- _ - _ _ 8. Names and addr2sSes of-dfitnesses, doctc>fs and hospitals. 9. List the expenditures you made on account of this accident or injury. .DATE ... ....:_ . ..... ........ .. .. ITEM AMOUNT Govt. Code Sec. 910.2 provides . "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney �qlaim­t' s Signat re Address Telephone No. Telephone No. q ************************************************************************** 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. " Contra Public Works Department . J. Michael Wallord Costa 255 Glacier Drive Public works Director County, Martinez, California 94553-4897 Marton J. Gilbert Chief Deputy 1 June 20, 1986 ' Our File--Chip Seal Advance Notice Dear Resident: As a part of the County's pavement manageAient.-Orogram the County will be applying a surface treatment to the street in front of your house sometime between June 28, 1986 and July 11, 1986. The treatment we will be doing on your street is called a chip seal . The chip seal provides a membrane to prevent water from seeping under the pavement which can rapidly deteriorate a road:- In many cases the pse of chip seal will eliminate the need to do expensive pavement patching and will add years to the life of the existing pavement. The procedure involves spraying oil on the pavement followed by the spreading of a layer of rock which is imbedded into the oil . The rock needs to remain for a few days prior to sweeping to assure proper coverage and embedment. You will receive a notice the day prior to the ehip seiil . and the day prior to sweeping requesting you to park you vehlcles ,off the street to avoid oil spray and allow us to treat and clean..thaz entire...pavement surface. One lane of traffic will be maintained during . tp .,actual application. Vehicles parked on the street on the day of the chip t Ve0erttion will be towed. We wish to call to your attention, the following precautions to help us perform a better job and protect you, your family, and your property. . . . Keep your children and pets away from the street while we are doing the treatment. Several large pieces of equipment are involved.. . . . Drive slowly, the,pavement can be slippery because of the loose rock. . .. Warn your children to be careful while riding their bicycles. It would be preferable if they refrained from riding altogether until the loose rock is swept up. . . . Continue to park your car off the road or cover it until the initial sweeping is completed. Loose rock thrown up by speeding vehicles could damage your car's paint. .. . Check the bottoms of your and your children's shoes before walking into your house. Until the pavement is.' swept, the chips can be picked up and tracked onto carpets or scratch wood floors. 1Y4 OA ng 1a �h 1 q a 1 We realize what an inconvenience this treatment is to residents, but the alternative of doing nothing will result in accelerated pavement deterioration requiring very expensive pavement overlays and reconstruction much earlier. Such an option is not cost effective nor feasible within the County Public Works Budget. We thank you for your cooperation. Please give our Maintenance Division a call at 372-4477 if you have any questions. Also call if there are any problems after we have swept; we will inspect the street and resolve any problems as quickly as possible. Very truly J. Mich Walfor . Publi Works Director JMW/MLTI/pc chi.pnotics.10.t6 cc: Michael L. Hollingsworth, Assistant Public Works Director, Maintenance Pattie McNamee, Senior Civil Engineer Tom Borman, Public Works Maintenance Superintendent Ai King, Public Works Maintenance Superintendent Dan Pellegrini, Public Works Maintenance Superintendent Jim Steffensen, Public Works Maintenance Superintendent 2 a.An� WARD OF SDPERVISRS OF COW COMA OOWff. CIII=PU MR0 AC7= Claim Against the County, or District ) HD'TICE 70 CLUMANT July 29 , 1986 governed by the Hoard of Supervisors, ) The oM a t MR119d to you ie 7OW Routing Endorsements, and Hoard ) notice of the action taken an your claim by the Action. All Section references are ) Board of Supervisors (Paragraph I9, below), to California Government Codes ) gives: pursuant to Government Code Section 9'13 and 915.4. Please note all wdWMIUW. Claimant: FRAN DE121ONTE County Counsel Attorney: Larry Lockshin, Esq. JUL 0 7198E A Law Corporation �lart�nez W1�55� Address: Jack London Park Building yThird Street , Suite 10py Amount. Oakland, CA 94607-3520 delivery to clerk on July 2 , 1986 hand del . Unkpown amount By mail, postmarked an no envelope Date Rece ve July 2, 1986 01 I. FRE Clerk of the Board of Supervisors 70: Counsel Attached is a copy of the above-noted claim. ;,:,.}-y Dated: July 2 , 1986 PHIL BATCHEWE• Clerk By Deputy Hall II. : County Counsel 70: , Clerk of the Board of Supervisors (Check only one) (x) 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 Hoard 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: l -C--A puty County Counsel III. FROM:. Clerk of the Board 70: (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 (x) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of he Board's Order entered in its mins for this date. Cl � Dated: .JUL 2 9 1986 PHIL BATCHELOR, erk, By , Deputy Clerk VARKM (Gov. Code Section 943) Subject to certain exemptions, you have only six (6) mouths from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Oovw ment Code Section 945.6. You nay seek the advice of an attamey of your choice in oosu eetion with this matter. If you want to oonsult an attorney, you should do so immediately. V. FRM: Clerk of the Board 701 (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Hoard'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. DATED: i.P� U PHIL BATaMDR, Clerk, By , Deputy Clerk °C� County Administrator (2) County Counsel (1) " 1 LARRY LOCKSHIN, ESQ. A Law Corporation 2 Jack London Park Building D 520 Third Street, Suite 105 It '�Cv l ' 3 Oakland, California 94607-3520 1 y�'+� (415) 444-1840 JUL 4 �y3 1985 Attorneys for Claimant 5 FRAN DELMONTE a R4iro Lort 6 7 8 LOS MEDANOS HOSPITAL DISTRICT, 9 CITY OF PITTSBURGH, COUNTY OF CONTRA COSTA 10 11 FRAN DELMONTE, ) CLAIM FOR PERSONAL INJURY AND MALPRACTICE DAMAGES 12 Claimant, ) (Government Code 900 , et seq. ] 13 vs. ) 14 LOS MEDANOS HOSPITAL DISTRICT, ) CITY OF PITTSBURGH, CONTRA ) 15 COSTA COUNTY, M. S MEDANOS ) HEALTH CARE CORPORATION AND ) 16 DOES I THROUGH XXV, INCLUSIVE ) 17 18 TO THE OFFICE OF THE SECRETARY, LOS MEDANOS HOSPITAL DISTRICT; 19 TO THE CLERK OF THE BOARD OF SUPERVISORS FOR CONTRA COSTA COUNTY; 20 AND TO THE CLERK OF THE CITY COUNCIL FOR THE CITY OF PITTSBURGH , AND TO THE SECRETARY TO THE BRD. OF DIRECTORS OF HEALTH CARE CORP 21 COMES NOW THEN the claimant Fran Delmonte, by and through 22 her attorneys of record, LARRY LOCKSHIN, Esq. , a law corporation, 23 and does hereby file this claim for personal injury. and malprac- 24 tice damages against the respondents listed above and claimant 25 alleges as follows : 26 1. Claimant is unaware and does not know the true-- names. and 27 capacities of respondents named herein as Does 1 through 25 , 28 inclusive, and therefore claims against said respondents. by such 1 fictitious names . Claimant is informed and believes and there- 2 upon alleges that each of said respondents is in some manner 3 responsible for the damages sustained by claimant and claimant 4 will ask leave to amend this claim to assert the true names and 5 capacities of such respondents when the same have been ascer- 6 tained. 7 2 . At all times herein mentioned, respondents , and each of 8 them, were the agents , servants and employees of Los Medanos 9 Hospital and the Los Medanos Hospital District and/or the County 10 of Contra Costa and/or the City of Pittsburgh, California and 11 were acting within the course and scope of their employment. 12 3 . At all. times herein mentioned, Los Medanos Hospital is 13 owned, operated, maintained and managed by the Los Medanos 14 Hospital District and/or the County of Contra Costa and/or the 15 City of Pittsburgh and is engaged in the care and treatement of 16 sick and injured persons. 17 4 . On or about March 2.6 , 1986 , the claimant Fran Delmonte 18 was a patient as Los Medanos Hospital and underwent a total 19 abdominal hysterectomy on said date. 20 5.. Respondents , and each of them, negligently, carelessly 21 and with less than the standard of care practiced by other 22 health providers in the community failed to properly tend, 23 care for, operate upon, diagnose and treat the claimant so 24 that claimant was caused to suffer the injuries set forth 25 below. 26 6. As " a direct and proximate result of the above careless- 27 ness of the respondents, and eachof them, claimant was caused 28 to suffer severe injury to her bladder, colon, and other internal -2- VICTOR J. WESTMAN . CONTRA COSTA COUNTY COUNSEL TO P.O. Box 69. Co. ADMIN. BLDG.. T,Oilise Nall MARTINEZ. CA 94658 Clerk of the Board of Supervisors i r GATE SUBJECT The attached (amended) cl im(s) Pzlwas sent airpn lv to our office. Please process and return to us_ Thank you. -""nsiR -Ln-0tAr,01tS Pt' p 5 OXY N Vicki J. Finucane - R-�C-SIV June 25, 1986 ED JIN.::2�1986 PROOF OF CLAIM CL .N air Elpq Su E ISORS CLAIMANT' S NAME: William and Elizabeth Jackson CLAIMANT' S ADDRESS: 2880 Kinney Drive Lafayette, California 94549 TELEPHONE: (415) 452-0329 AMOUNT OF CLAIM: $442, 857. 14 ADDRESS TO WHICH NOTICES ARE TO BE SENT: BRUCE M. TOWNER PILLSBURY & WILSON 600 Montgomery Street, 44th Floor San Francisco, California 94111 DATE OF INCIDENT: See "Additional Facts and Investigation" LOCATION OF INCIDENT/DAMAGE: 2880 Kinney Drive Lafayette, California 94549 HOW DID IT OCCUR: The City of Lafayette, and related public entities, maintained a storm drainage system that includes Reliez Creek. The storm drainage system in Reliez Creek has failed, so that damage to Claimants ' property has occurred and continues to occur, principally by erosion and under- cutting of the bank at the rear of the home, destabilizing our property and rendering it susceptible to erosion and landslide damage. ADDITIONAL FACTS AND INVESTIGATION: We have learned, through additional facts and investigation, that the governmental entity which con- structed, repaired, and/or maintained the culvert beneath the Condit Bridge negligently designed, constructed, and/or maintained the culvert so that water coming under the bridge is diverted from its natural course and directed into the banks downstream from the bridge, causing extreme erosion and destabilization damage. Additionally, the culvert is constructed in such a way as to permit a drop off (without a drop box) , accelerating the flow of water from its natural course and causing further damage downstream. Our investi- gation, as yet, is incomplete as to the governmental entity responsible for the design, construction,, and maintenance of the culvert under Condit Road, and _hence we have filed claims against all known entities, including the City of Lafayette and the County of Contra Costa. We have also learned that the Bay Area Rapid Transit District ("BARTD" ) and California Department of Transportion ("CALTRANS") con- structed a large mass of pavement and graded area upstream from our property and also made improvements to Reliez Creek and negligently diverted significant amounts of water into the creek, in excess of its natural capacity, thus contri- buting to the erosion that has occurred, and continues to occur, to our properties. TIME OF INCIDENT: With respect to the allegation of negligence concerning the Condit Bridge, we believe the culvert under the Condit Bridge was constructed in the late winter and spring of 1983. With respect to BARTD and CALTRANS con- struction, claimants understand that construction of the facility was completed in 1970. Claimants are unaware as to BARTD' s and CALTRANS' maintenance obligations for their highway facility. With respect to the damage that has occurred to our property, significant undercutting of the creek bed occurred during the rains in January, February, March and April of this year. This process will recur absent a repair of the creek. DESCRIBE DAMAGE OR INJURY: The bank in the rear of our property has .largely collapsed, removing a significant portion of our real property and destabilizing our land. NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown. ITEMIZATION OF CLAIM (List items totalling amount set forth above) : Estimated cost of repair of the bank (A participatory share in a $3. 4 million repair of the creek. Assuming 14 partici- pant homoewners. Counsel for the governmental entities have been informed of this amount. ) $242 , 857. 14 Estimated diminution in value for loss of creek bank 100 ,000. 00 Damage to landscaping 50 , 000. 00 -2- Loss of use and enjoyment of the property 50 , 000. 00 TOTAL: $442, 857. 14 Signed by or on behalf of Claimant B9rJCE M OWNER -3- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District governed by) the B•-jard of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 29 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: $242, 857 . 14 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". County COUnSP1 CLAIMANT: WILLIAM AND ELIZABETH GRAY J U L Q 71986 ATTORNEY: Bruce M. Towner MB�n�,��� Pillsbury & Wilson ADDRESS: 600 Montgomery St . , 44th Fl . Date received San Francisco, CA 94111 BY DELIVERY TO CLERK ON: June 27 , 1986 CC BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors T0: , .�irify_ ntn5el ' Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: July 3, 1986 BY: Deputy — L. hail 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ��la�mpl�subgtan�y with ect'ons 910 and 910.2 ( ) Thi claim FAILS to comply s to sally with Sections 910 and 910.2, and we are so notifying claimant. The Board c nnot act for 15 days Sectipn. 910.8). / e2�f GSD��a-� �jf Mfr( � L',e=�l�."�+`-��E.?1 (x) Claim is not timely filed: a Clerk shou return claim on gro d that it was filed late and senz /" warning of claimant's right to apply for leave to present a late claim (Section 911.3). `CIT ( ) Other: &om. t y Dated• /� . / o By: i Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. (/V) Other: Portion of original claim not previously. returned as untimely is refected in full . 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: J U L 2 9 1986 PHIL BATCHELOR, Clerk, By_� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally"3erved 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. CC: Claimant County Counsel County Administrator VICTOR J. WESTMAN . CONTRA COSTA COUNTY COUNSEL TO P.O. Box 69. Co. ADMIN. SLOG.. ?.ori i se "all Clerk of the Board of Supervisors MANTiNcz, CA 94553 i DATE w SUBJECT The attached (amended) cl im(s) &G.Zwa-cL sent d; rAnt l y to our office. Please process and return to us_ Thank you. P. R � SUN Boa pA5 5 � N 8Y '' Vicki J. Finucane �I V June 25, 1986 a7�1986 e PROOF OF CLAIM so CLAIMANT' S NAME: William and Elizabeth Gray CLAIMANT'S ADDRESS: 966 Reliez Station Lane Lafayette, California 94549 TELEPHONE: (415) 934-7171 AMOUNT OF CLAIM: $242, 857, 14 ADDRESS TO WHICH NOTICES ARE TO BE SENT: BRUCE M. TOWNER PILLSBURY & WILSON 600 Montgomery Street, 44th Floor San Francisco, California 94111 DATE OF INCIDENT: See "Additional Facts and Investigation" LOCATION OF INCIDENT/DAMAGE: 966 Reliez Station Lane Lafayette, California 94549 HOW DID IT OCCUR: The City of Lafayette, and related public entities, maintained a storm drainage system that includes Reliez Creek. The storm drainage system in Reliez Creek has failed, so that damage to Claimants' property has occurred and continues to occur, principally by erosion and under- cutting of the bank at the rear of the home, destabilizing our property and rendering it susceptible to erosion and landslide damage. ADDITIONAL FACTS AND INVESTIGATION: We have learned, through additional facts and investigation, that the governmental entity which con- structed, repaired, and/or maintained the culvert beneath the Condit Bridge negligently designed, constructed, and/or maintained the culvert so that water coming under the bridge is diverted from its natural course and directed into the banks downstream from the bridge, causincextreme erosion and destabilization damage. Additionally, the culvert is constructed in such a way as to permit a drop off (without a drop box) , accelerating the flow of water from its natural course and causing further damage downstream. Our investi- gation, as yet, is incomplete as to the governmental entity responsible for the design, construction, and maintenance of the culvert under Condit Road, and hence we have filed claims against all known entities, including the .City of Lafayette and the County of Contra Costa. We have also learned that the Bay Area Rapid Transit District ("BARTD" ) and California Department of Transportion ("CALTRANS") con- structed a large mass of pavement and graded area upstream from our property and also made improvements to Reliez Creek and negligently diverted significant amounts of water into the creek, in excess of its natural capacity, thus contri- buting to the erosion that has occurred, and continues to occur, to our properties. TIME OF INCIDENT: With respect to the allegation of negligence concerning the Condit Bridge, we believe the culvert under the Condit Bridge was constructed in the ].ate winter and spring of 1983. With respect to BARTD and CALTRANS con- struction, claimants understand that construction of the facility was completed in 1970. Claimants are unaware as to BARTD' s and CALTRANS ' maintenance obligations for their highway facility. With respect to the damage that has occurred to our property, significant undercutting of the creek bed occurred during the rains in January, February, March and April of this year. This process will recur absent a repair of the creek. DESCRIBE DAMAGE OR INJURY: The creek bed is downcutting, thereby undercutting our banks, and steepening them so they have become unstable and subject to future erosion. NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown. ITEMIZATION OF CLAIM (List items totalling amount set forth above) : Estimated cost of repair of the bank (A participatory share in a $3. 4 million repair of the creek. Assuming 14 partici- pant homoewners. Counsel for the governmental entities have been informed of this amount. ) $242 ,857. 14 TOTAL: $242,857. 14 Signed by or on behalf of Claimant RU :E M. ER 22/245 -2- CLAIM /r f BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Cla'ii .%Against the County, or District governed by) ,tne Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 29 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: $242 , 857 . 14 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". CLAIMANT: THOMAS AND ELLEN TOMASSEN County Counsel ATTORNEY: Bruce M. Towner JUL O 71906 Pillsbury S: Wilson aw ADDRESS: 600 Montgomery St . , 44th F1. Date received MertlnBZ.CA' San Francisco, CA 94111 BY DELIVERY TO CLERK ON:: June 27 , 1986 cc BY MAIL POSTMARKED: no envelODe I. FROM: Clerk of the Board of Supervisors T0: 0 €'C�Buns_e1=-:. . Attached is a copy of the above-noted claim. �`"'° `'' PHIL BATCHELOR, CLERKC�� DATED: July 32 1986 BY: Deputy .9u L. Hall II. FROM: County Counsel TO: Clerk of the Board of S pery sors (�) This c aim complies ubst ntia i Sect ns 91 an 9 ?;2� ( ) This claim FAILS to comply substantially wi S tions 910 and 910.2, and we are so notifying claimant. The Board canno act for 15 days (Section10.8). uG DIMS 11 Cc-c��C B-r� Xz�- Claim is not timely filed,l The Cler should return Haim on ground that it wA filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Date Q By#qy eputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) (X) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. Other: Portion Of original claim not nr yi oi,sl y rPt-„rnarl ac lintiupel37 is rejected -in-full . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUL 2 9 1986 PHIL BATCHELOR, Clerk, By �f Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions; you have only six (6) months from the date 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. CC: Claimant County Counsel County Administrator VICTOR J. WESTMAN CONTRA COSTA COUNTY COUNSEL TO P.O. Box 69, Co. ADMIN. BLDG.. T,oilise Fall MARTINEZ. CA 94553 Clerk of the Board of Supervisors DATE 6 SUBJECT The attached (amended) cl iMD6wlwas sent r7;rPr-t1u to our office. Please Process and return t:o us_ Thank you. R S oa oas pN p0 s N Vicki J. Finucane . i June 25, 1986 '/(/N �L -�71g86 PROOF OF CLAIM , °NT FsfP°a . Qe�ry CLAIMANT' S NAME: Thomas and Ellen Tomassen CLAIMANT'S ADDRESS: 955 Kelley Court Lafayette, California 94549 TELEPHONE: (415) 938-5991 AMOUNT OF CLAIM: $242,857. 14 ADDRESS TO WHICH NOTICES ARE TO BE SENT: BRUCE M. TOWNER PILLSBURY & WILSON 600 Montgomery Street, 44th Floor San Francisco, California 94111. DATE OF INCIDENT: See "Additional Facts and Investigation" LOCATION OF INCIDENT/DAMAGE: 955 Kelley Court Lafayette, California 94549 HOW DID IT OCCUR: The City of Lafayette, and related public entities, maintained a storm drainage system that includes Reliez Creek. The storm drainage system in Reliez Creek has failed, so that damage to Claimants' property has occurred and continues to occur, principally by erosion and under- cutting of the bank at the rear of the home, destabilizing our property and rendering it susceptible to erosion and landslide damage. ADDITIONAL FACTS AND INVESTIGATION: We have learned, through additional facts and investigation, that the governmental entity which con- structed, repaired, and/or maintained the culvert beneath the Condit Bridge negligently designed, constructed, and/or maintained the culvert so that water coming under the bridge is diverted from its natural course and directed into the banks downstream from the bridge, causing extreme erosion and destabilization damage. Additionally, the culvert is constructed in such a way as to permit a drop off (without a drop box) , accelerating the flow of water from its natural course and causing further damage downstream. Our investi- gation, as yet, is incomplete as to the governmental entity responsible for the design, construction, and maintenance of the culvert under Condit Road, and hence we have filed claims against all known entities, including the City of Lafayette and the County of Contra Costa. We have also learned that the Bay Area Rapid Transit District ("BARTD" ) and California Department of Transportion ("CALTRANS") con- structed a large mass of pavement and graded area upstream from our property and also made improvements to Reliez Creek and negligently diverted significant amounts of water into the creek, in excess of its natural capacity, thus contri- buting to the erosion that has occurred, and continues to occur, to our properties. TIME OF INCIDENT: With respect to the allegation of negligence concerning the Condit Bridge, we believe the culvert under the Condit Bridge was constructed in the late winter and spring of 1983. With respect to BARTD and CALTRANS con- struction, claimants understand that construction of the facility was completed in 1970. Claimants are unaware as to BARTD' s and CALTRANS' maintenance obligations for their highway facility. With respect to the damage that has occurred to our property, significant undercutting of the creek bed occurred during the rains in January, February, March and April of this year. This process will recur absent a repair of the creek. DESCRIBE DAMAGE OR INJURY: The creek bed is downcutting, thereby undercutting our banks, and steepening them so they have become unstable and subject to future erosion. NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown. ITEMIZATION OF CLAIM (List items totalling amount set forth above) : Estimated cost of repair of the bank (A participatory share in a $3. 4 million repair of the creek. Assuming 14 partici- pant homoewners. Counsel for the governmental entities have been informed of this amount. ) $242, 857. 14 TOTAL: $242 ,857. 14 Signed by or on behalf of Claimant RUCE M. rER 23/245 -2- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District governed by) July 29 , 1986 the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: $442 , 857 . 14 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". County Counsel CLAIMANT: ROBERT AND SUSAN BARNUM ATTORNEY: Bruce M. Towner JUL 0 71986 Pillsbury & Wilson Msttlm CkM553 ADDRESS: 600 Montgomery St . , 44th FlDate received San Francisco, CA 94111 BY DELIVERY TO CLERK ON:, June 27 , 1986 CC BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: .,Gony;;GOuns ).: Attached is a copy of the above-noted claim. PHIL BATCHELOR., CLERK i DATED: July 3, 1936 BY: Deputy Hall I. FROM: County Counsel T0: Clerk of the Board of uper_� (J (X) This claim compli s• substantially ith Section 91 a� 910.2, Q G �7� substantially-�. L� L ( ) This claim FAIL to comply it�ections 910 and 910.2, and we are s0 notifying claimant. The Board can of act for 15 days (Section 910,8). Gtr -a� L � �. l� 1,9� � (x) Claim is not timely filed The erk should re n claim on ground t tit was filed late and send — warning of claimant's right to apply for leave o present a late claim (Section 911.3). �. ( ) Other: Date • U By: c. . Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) (X) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. (x) Other: )z rPtrnrnPd iint-imP1T_ is rejected in full . I certify that this is a true and correct copy of the Board's Order;rl in its minutes for this date. Dated: JUL 2 9 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'terved 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. CC: Claimant County Counsel County Administrator VICTOR J. WESTMAN CONTRA COSTA COUNTY COUNSEL TO P.O. Box 69. Co. Aomm. BLDa.. T.oilise Nall Clerk of the Board of Supervisors MARTIN[:, CA 54553 i r DATE SUBJECT The attached' (amended) cl im (s) 6wzZwas sent di rp -t y to our office. Please process and return to us_ Thank you. A fl Lop oas N 8Y '' Vicki J. Finucane . i i 3 L - June 25, 1986 h, PROOF OF CLAIM erq 0 v qS CLAIMANT' S NAME: Robert and Susan Barnum "y CLAIMANT' S ADDRESS: 943 Kelley Court Lafayette, California 94549 TELEPHONE: (415) 937-4720 > AMOUNT OF CLAIM: $442, 857. 14 ADDRESS TO WHICH NOTICES ARE TO BE SENT: BRUCE M. TOWNER PILLSBURY & WILSON 600 Montgomery Street, 44th Floor San Francisco, California 94111 DATE OF INCIDENT: See "Additional Facts and Investigation" LOCATION OF INCIDENT/DAMAGE: 943 Kelley Court Lafayette, California 94549 HOW DID IT OCCUR: The City of Lafayette, and related public entities , maintained a storm drainage system that includes Reliez Creek. The storm drainage system in Reliez Creek has failed, so that damage to Claimants ' property has occurred and continues to occur, principally by erosion and under- cutting of the bank at the rear of the home, destabilizing our property and rendering it susceptible to erosion and landslide damage. ADDITIONAL FACTS AND INVESTIGATION: We have learned, through additional facts and investigation, that the governmental entity which con- structed, repaired, and/or maintained the culvert beneath the Condit Bridge negligently designed, constructed, and/or maintained the culvert so that water coming under the bridge is diverted from its natural course and directed into the banks downstream from the bridge, causing extreme erosion and destabilization damage. Additionally, the culvert is constructed in such a way as to permit a drop off (without a drop box) , accelerating the flow of water from its natural course and causing further damage downstream. Our investi- gation, as yet, is incomplete as to the governmental entity responsible for the design, construction, and maintenance of . y the culvert under Condit Road, and hence we have filed claims against all known entities., including the City of Lafayette and the County of Contra Costa. We have also learned that the Bay Area Rapid Transit District ("BARTD") and California Department of Transportion ("CALTRANS") con- structed a large mass of pavement and graded area upstream from our property and also made improvements to Reliez Creek and negligently diverted significant amounts of water into the creek, in excess of its natural capacity, thus contri- buting to the erosion that has occurred, and continues to occur, to our properties. TIME OF INCIDENT: With respect to the allegation of negligence concerning the Condit Bridge, we believe the culvert under the Condit Bridge was constructed in the late winter and spring of 1983. With respect to BARTD and CALTRANS con- struction, claimants understand that construction of the facility was completed in 1970 . Claimants are unaware as to BARTD' s and CALTRANS' maintenance obligations for their highway facility. With respect to the damage that has occurred to our property, significant undercutting of the creek bed occurred during the rains in January, February, March and April of this year. This process will recur absent a repair of the creek. DESCRIBE DAMAGE OR INJURY: The bank in the rear of our property has largely collapsed, removing a significant portion of our real property and endangering our structures and destabilizing our land. NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown. ITEMIZATION OF CLAIM (List items totalling_ amount set forth above) : Estimated cost of repair of the bank (A participatory share in a $3. 4 million repair of the creek. Assuming 14 partici- pant homoewners. Counsel for the governmental entities have been informed of this amount. ) $242, 857 . 14 Estimated diminution in value for loss of creek bank 100 ,000. 00 Damage to landscaping 50 , 000 . 00 -2- IL Loss of use and enjoyment of the property 50 , 000. 00 TOTAL: $442 , 857. 14 Signed by or on behalf of Claimant TOWNER -3- a.ADi HDARD OF SUPERVISMS OF COM OMA CMM, CHMORNIA HD�ARD AC77M Claim Against the County, or District ) VMCE 70 CLAD90P July 29 , 1986 governed by the Board of Supervisors, ) The copy s t milsd to you is yea Routing Endorsements, and Board ) notioe of the action taken an yaw maim by the Action. All Section references are ) Hoard of Supervisors (Paragraph I99 below), to California Government Codes ) given pursuant to Government Code Section 913 -- and 915.4. Please note all •fiarninW. Claimant: DIANNA S . HARTMEN County Counsel Attorney: Bruce M. Towner Pillsbury & Wilson JUL O 71986 Address: 600 Montgomery Street, 44th Floor MBrttnBZ,CA San Francisco, CA 94111 June 27 1986 C(; Amount: $242, 857 . 14 By delivery to clerk on Date Received: June 27 , 1986 By mail, postmarked an no envelope I. : Clerk of the Hoard of Supervisors 70: Attached is a copy of the above-noted claim. July 2 1986 De Dated. � PHIL BATCHELOR, Clerk, By put L. Hall II. : County Counsel TO: Clerk of the Board of Supervisors (Check only one) (�() This .Claim eompli sub tart _ y with Sections 910 and 910.2 u� I,-L" ( ) This claim FAILS to oom substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot aet� days (S �iqn 910.8). �C WClaim is not timely4iled �k tlerk shoulAreturn claim on ground that it was late and send Warning of claimant's righto appy for leave to present a tlllateQ k, claim (Section 911.3). ( ) Other: Dated: By: c puty County Counsel III. erk of the Board T0: (1) County Counsel, (2) County Administrator t�() Claim was returned as untimely With notice to claimant (Section 911.3). TV. HDARD WER By unanimous vote of Supervisors present ( ) This claim is rejected in full. (x) Other: Portion of Original rlaim not nrcti;nuS returned as 7intim-1W is refected in full . I certify that this is a true and correct copy of the Board's Order entered in its lor this date. Dated �u�- 91286 PHIL BAT%M01R, Clerk, By � �� , Deputy Clerk i1ARNING (Gov. Code Section 913) .SnbJeet to oertain ptions, you have only six (6) months from the date of this MUM Was personally served or deposited in the mail to file a wuat action an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your ohoioe in connection with this matter. If you Want to owffdt an attorney, you should do so mediately. 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 Hoard's copy of this Claim in accordance with Section 29703. ( ) A Warning of claimant's right to apply for leave present a late claim was mailed to..claimant. DATED: s► 3 0 "M� PHI BATCI�AR, Clerk, By , Deputy Clerk oc: County Administrator (2) County Counsel (1) VICTOR J. WESTMAN CONTRA COSTA COUNTY COUNSEL TO P.O. BOX 69, CO. ADMIN. BLDG.. T.0T_jlse Nall MARTINEZ. CA 94558 Clerk of the Board of Supervisors r DATE SUBJECT The attached (amended) lim(s) a&/was S nt• diractly to our office. Please process and return to us- Thank you. ` n vC, `oa p55 s P�'T p0 p ey •• Vicki J. Finucane a ' s 1 i 5 Y J June 25, 1986 County Counsei PROOF OF CLAIM JUN 2 61986 Martinez, CA•94555 CLAIMANT' S NAME: Dianna S. Hartman. CLAIMANT' S ADDRESS: 979 Condit Road Lafayette, California 94549 TELEPHONE: (415) 933-7012 AMOUNT OF CLAIM: $242 , 857. 14 ADDRESS TO WHICH NOTICES ARE TO BE SENT: RECEIVED BRUCE M. TOWNER PILLSBURY & WILSON JUrq, 600 Montgomery Street, 44th Floor San Francisco, California 94111. PHIL BAT ELo CLERK O 0 P1 V ORS DATE OF INCIDENT: See "Additional Facts and C)Wty LOCATION OF INCIDENT/DAMAGE: 979 Condit Road Lafayette, California 94549 HOW DID IT OCCUR: The City of Lafayette, and related public entities, maintained a storm drainage system that includes Reliez Creek. The storm drainage system in Reliez Creek has failed, so that damage to Claimant' s property has occurred and continues to occur, principally by erosion and under- cutting of the bank at the rear of the home, destabilizing our property and rendering it susceptible to erosion and landslide damage. ADDITIONAL FACTS AND INVESTIGATION: . We have learned, through additional facts and investigation, that the governmental entity which con- structed, repaired, and/or maintained the culvert beneath the Condit Bridge negligently designed, constructed, and/or maintained the culvert so that water coming under the bridge is diverted from its natural course and directed into the banks downstream from the bridge , causing extreme erosion and destabilization damage. Additionally, the culvert is constructed in such a way as to permit a drop off (without a drop box) , accelerating the flow of water from its natural course and causing further damage downstream. Our investi- gation, as yet, is incomplete as to the governmental entity responsible for the design, construction, and maintenance of the culvert under Condit Road, and hence we have filed L claims against all known entities, including the City of Lafayette and the County of Contra Costa. We have also learned that the Bay Area Rapid Transit District ("BARTD" ) and California Department of Transportion ("CALTRANS") con- structed a large mass of pavement and graded area upstream from our property and also made improvements to Reliez Creek and negligently diverted significant amounts of water into the creek, in excess of its natural capacity, thus contri- buting to the erosion that has occurred, and continues to occur, to our properties. TIME OF INCIDENT: With respect to the allegation of negligence concerning the Condit Bridge, we believe the culvert under the Condit Bridge was constructed in the late winter and spring of 1983. With respect to BARTD and CALTRANS con- struction, claimants understand that construction of the facility was completed in 1970. Claimants are unaware as to BARTD' s and CALTRANS ' maintenance obligations for their highway facility. With respect to the damage that has occurred. to our property, significant undercutting of the creek bed occurred during the rains in January, February, March and April of this year. This process will recur absent a repair of the creek. DESCRIBE DAMAGE OR INJURY: The creek bed is downcutting, thereby undercutting our banks, and steepening them so they have become unstable and subject to future erosion. NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown. ITEMIZATION OF CLAIM (List items totalling amount set forth above) : Estimated cost of repair of the bank (A participatory share in a $3. 4 million repair of the creek. Assuming 14 partici- pant homoewners. Counsel for the governmental entities have been informed of this amount. ) $242, 857. 14 TOTAL: $242, 857. 14 Signed by or on behalf of Claimant BRUCE M. ER -2- i Y CERTIFICATE OF SERVICE BY MAIL I , LYNN FULLER, declare under penalty of perjury that the following facts are true and correct: I am over the age of 18 years and. not a party to or interested in the within entitled cause. I am an employee of Pillsbury & Wilson and my business address is 600 Montgomery Street, 44th Floor, San Francisco, California 94111 . I served by mail the following document (s) : PROOFS OF CLAIM (for Dianna S. Hartman, William and Elizabeth Gray, Thomas and Ellen Tomassen, Robert and Susan Barnum, William and Elizabeth Jackson) in the following manner: I enclosed a true copy of said document (s) in envelope (s) addressed as follows: State Board of Control Bay Area Rapid Transit Dist. 926 J St. , Suite 300 800 Madison St. Sacramento, CA 95814 Oakland, CA 94607 County Counsel ' s Office City Manager of Contra Costa County City of Lafayette Administration Building 251 Lafayette Circle P.O. Box 69 Lafayette, CA 94549 Martinez , CA 94553 I sealed said envelope (s) and deposited them so sealed and addressed on June 25 , 1986 , wits► the said document (s) enclosed therein and with the postage thereon fully prepaid in the U.S. Post Office, City and County of San Francisco, State of California. Executed on June 25 , 1985 , at Sari Francisco, California. LATR FULLER 13/240 le / APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT Julv 29 , 1986 . 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 Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant:. SHARLA GOMES AND UNBORN CHILD Coun�YRS�1 Attorney: c/o Douglas L. Gardner AUL �g�E Boatwright; Adams & Bechelli �y�553 Address: 1738 Grant Street . Concord, CA 94520 Amount: $500, 000. 00 By delivery to Clerk on Julv 2 , 19.86 hand del . Date Received: July 2, 1986 By mail, postmarked on no envelope . I. FROM: Clerk of the Board of Supervisors TO: FoitCiuisel; Attached is a copy of the above noted Application to File Late Claim. DATED: July 2 , 1986 PHIL BATCHELOR, Clerk, By �/ Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) 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 `���. VICTOR WESTMAN, County Counsel, By�/�-c cil III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (x) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Boards Order entered in its minutes for this date. JUL 2 9 <� � ' DATE: 1986 PHIL BATCHELOR, Clerk, By C^1 �_:1 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 immediately. 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: JUL 3 Deputy 1986 PHIL BATCHELOR, Clerk, By �1�� 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 Ric' DOUGLAS L. GARDNER BOATWRIGHT, ADAMS & BECHELLI 1738 Grant Street Jf v Concord, CA 94520 � W JUL 19e� (415) 687-9121 qT Attorney for SHARLA GOMES � 8 In the Matter of the Claim of ) SHARLA GOMES ) APPLICATION FOR LEAVE TO PRESENT LATE CLAIM VS. ) (Government Code Section 911. 4) CONTRA COSTA COUNTY and ) MERRITHEW MEMORIAL HOSPITAL ) TO CONTRA COSTA COUNTY AND MERRITHEW MEMORIAL HOSPITAL: 1. Application is hereby made for leave to present a late claim under Section 911. 4 of the Government Code. The claim is founded on Causes of Action for negligence, medical malpractice, deceit, misrepresentation, and battery, which accrued on or about March 4, 1986 and for which a claim was presented on June 12, 1986 . For additional circumstances relating to the Causes of Action, reference is made to the proposed claim attached hereto as Exhibit "A" and made a part hereof. 2. The reason for the delay in presenting this claim is the excusable neglect as more particularly shown in the Declaration of SHARLA GOMES attached hereto as Exhibit "B" and the Declaration of DOUGLAS L. GARDNER attached hereto as Exhibit "C" each made a part hereof. CONTRA COSTA. COUNTY, and MERRITHEW MEMORIAL HOSPITAL were not prejudiced by the delay in filing the claim as shown by the Declaration of DOUGLAS L. GARDNER. 1 3. This application is presented within a reasonable time after the accrual of the Cause of Action as 'shown by the Declarations of SHARLA GOMES and DOUGLAS L. GARDNER attached hereto as Exhibits "B" and "C" each made a part hereof. WHEREFORE, it is respectfully requested that this application be granted and the attached claim be received and acted upon in accordance with Sections 912. 4 through 912. 8 of the Government Codes . DATED: % Ci - BOATWRIGHT, ADAMS & BECHELLI c� U L. GARDNER on Xehalf of Claimant 2 CLAIM AGAINST THE COUNTY OF CONTRA COSTA AND MERRITHEW MEMORIAL HOSPITAL (Pursuant to Government Code Section 910) CLAIMANT ' S NAME: SHARLA J. GOMES and her unborn child AMOUNT OF CLAIM: $500, 000. 00 CLAIMANT 'S ADDRESS : 1487 Marclair , Apt . D, Concord, CA 94521 ADDRESS TO WHICH NOTICES ARE TO BE SENT: DOUGLAS L. GARDNER BOATWRIGHT, ADAMS & BECHELLI 1738 Grant Street Concord, CA 94520 Telephone (415) 687-9121 DATE CAUSE OF ACTION ACCRUED: March 4, 1986 LOCATION OF INCIDENT: MERRITHEW MEMORIAL HOSPITAL 2500 Alhambra Avenue Martinez, CA 94553 HOW INCIDENT OCCURRED: On or about March 4, 1986, Claimant discovered she might be pregnant, in spite of a tubal ligation procedure performed in August 1982 by Merrithew Memorial Hospital (formerly Contra Costa County Hospital) and Dr. Joseph Barger. The fact of her pregnancy was first confirmed on March 13, 1986. Prior to the tubal ligation surgery, the procedure was fraudulently ex- plained to Claimant . As it was explained to Claimant, her tubes would be cut, tied and the ends cauterized to prevent them from becoming reattached. Instead of tying and cauterizing the ends of the tubes, as explained to Claimant, a "paper clip" type device was used to seal the ends of the tubes. This proce- dure has since proven to be ineffective, yet Claimant was never notified of that fact . Claimant did not discover this fact , and could not have so discovered it, due to the fraud of defendants , until the examination cited above, on or about March 13, 1986. 1 DESCRIPTION OF INJURY OR DAMAGES : Claimant is presently pregnant after undergoing surgery for the specific purpose of preventing same. PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE: Claimant is informed and believes the .doctor in charge of the surgery on August 4, 1982 was Dr. Joseph Barger , a member of the County Hospital staff. Claimant is uninformed as to the responsible party, but is informed and believes that some member of the County medical staff should have informed her of the general ineffec- tiveness of the procedure performed upon her when said ineffectiveness was discovered. ITEMIZATION OF CLAIM: Claimant is unaware of the total amount of expenses which will be incurred as a result of this pregnancy, and the resulting responsibility for the housing, clothing, feeding, and education of the resulting child. Claimant asks general and special damages of $500 , 000. DATED: v\ DOUGL' . GARDNER BOATWGHT, ADAMS & BECHELLI Attorneys for Claimant 2 EXHIBIT "B" DECLARATION OF SHARLA GOMES, CLAIMANT I , SHARLA GOMES declare: 1. On or about August 4, 1982 I underwent surgery at CONTRA COSTA COUNTY HOSPITAL for a tubal ligation Prior to consenting to the surgery, it was described to me as a procedure whereby my tubes would be cut , tied off so as to block them, and the ends cauterized to prevent them from becoming re-attached. It was represented to me at that time that this procedure would render me permanently sterile. 2. Following the surgery I was assured by Dr . Barger , who conducted the surgery that "things went well" and I would not become pregnant again. 3. On March 4, 1986 I went to the County Hospital Clinic located in Concord, California complaining of menstrualpains outside of my normal cycle. I was informed at that time that I "definitely had a mass" and that I might: be pregnant. On March 18, 1986 a sonogram was conducted at Oakland Pregnancy Counseling Center , at which time it was confirmed that I was pregnant, and too far along for an abortion.. 4. Prior to March 4, 1986 I had no idea that it was possible for me to become pregnant; it was not until March 18, 1986 that I knew that I had become pregnant . Prior to that time I had no reason to believe that I had been misled, mistreated, or improperly- treated in anyway. 5. Upon discovering the pregnancy I immediately sought advise of counsel. I first contacted WILLIAM GARDNER BRODERICK, 3 an attorney located in Walnut Creek, who told me he would look into the possibility of filing a claim and get back to me. It was not until after speaking with my present attorney, DOUGLAS L. GARDNER, that I discovered that MR. BRODERICK had not taken any action . 6. I met with my present attorney, DOUGLAS L. GARDNER, on Friday, June 6, 1986 and he filed a claim with the County, on my behalf, on June 12, 1986. 7. I gave birth . to a healthy male child at MERRITHEW MEMORIAL HOSPITAL on June 26, 1986 at 6: 17 P.M. I , SHARLA GOMES , declare under penalty of perjury that the foregoing is true and correct. DATED: SHARLA G014ES 4 EXHIBIT "C" DECLARATION OF DOUGLAS L. GARDNER I , DOUGLAS L. GARDNER, declare: 1. I am an attorney duly licensed to practice law in the State of California . 2. I first met with SHARLA GOMES on June 6, 1986, at which time she explained to me that the tubal ligation performed upon her in 1982 had proven ineffective and she was pregnant. Further , she was suspicious that the operation had not been performed as " it was explained to her prior to the surgery. 3. MS. GOMES represented to me that she had been to the Concord Clinic of the Contra Costa County Hospital on March 4, 1986 and that is when her first suspicion of pregnancy arose. 4. In the original claim against the COUNTY OF CONTRA COSTA and MERRITHEW MEMORIAL HOSPITAL, under the heading, "how incident occurred" , the date March 3, 1986 appears . That date is the result of a typographical error; it should read on or about March 4, 1986. The correct date is stated under the heading "Date Cause of Action Accrued". The proposed claim attached hereto as Exhibit "A" is identical to the original claim presented on June 12, 1986 with the exception of that correction. 5. Claimant is allowed 100 days from the date her Cause of Action arose in which to file a claim. This claim was filed within 100 days of the date the Causes of Action arose. The original form merely stated the claim in an ambiguous manner because of the typographical error . 5 6. No prejudice to the County or the Hospital has resulted from this delay as claimant is under the care of doctors at Merrithew Hospital . I , DOUGLAS L. GARDNER, under penalty of perjury declare the above to be true and correct. DATED: BOATWRIGHT, ADAMS & BECHELLI 1 AS L. GARDNER 6 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT July 29 , 198b 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 Government Code Sections 911.8 and ROBERT G. BIESFCKER 915.4. Please note the "WARNING" below. Claimant: GALE LOE (AUTHORIZED REPRESENTATIVE) county.counsel Attorney: JUL 0 71986 Address: P. O. Box .418 LAO% Concord, CA 94522 June 30, 1986 Amount: By delivery to Clerk on Unspecified Date Received:June 30, 1986 By mail, postmarked on unreadable I. FROM: Clerk of the Board of Supervisors TO: tyKmwweli Attached is a copy of the above noted Application to File Late Claim. DATED: July 2, 1986 PHIL BATCHELOR, Clerk, By Deputy Hail II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). x) The Board should deny this Application to File. Late Claim (Section 9 1.6). DATED: 0, /EQCTOR WESTMAN, County Counsel, By e y III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (x) 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. , C / DATE: JUL 2 919$ PHIL BATCHELOR, Clerk, By ,�!- �. E�� Deputy WARNING (Gov. Code §911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you Pram 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 immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel. 2 County Administrator Attached are copies of the above Application. We noti.fed the applicant of the Boards 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: JUL 3 1986 PHIL BATCHELOR, Clerk, By W� Deputy 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 / J �a % AMENDED /I/g CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim.Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 29 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: $75, 000. 00 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". County Counsel CLAIMANT: LINDA LENOIR JUL 0 81986 ATTORNEY: Law Offices of Han nill & Wolf .NBrtln@Z. CA 55.i Ivy Court, Suite #4 ADDRESS: 414 Gough Street Date received July 3, 1986 San Francisco, CA 94102 BY DELIVERY TO CLERK ON: BY MAIL POSTMARKED: July 2, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a-copy of the above-noted claim. PHIL BATCHELOR,, CLERK DATED: . July 7 , 1986 BY: Deputy E. Ha I1. FROM: County Counsel TO: Clerk of the Board of Supervisors 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. The 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: c�b. By County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present. lfSi4j71.E.�/AE� ( This Claimlis rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order enter d in its minutes for this date. Dated: . JUL 2 9 1986 PHIL BATCHELOR, Clerk, By.__,� � Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'3erved 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. CC: Claimant County Counsel County Administrator r .moi.. a LAW OFFICES OF HAMMILL & WOLF CARL WOLF IVY COURT, SUITE 4 VIVIAN V. HAMMILL 414 GOUGH STREET PHILLIP R. MILLER SAN FRANCISCO, CALIFORNIA 94102 (415) 621-3988 July 2, 1986 i Clerk Board of Supervisors 651 Pine Street , Room 106 Martinez , CA 94553 RE: Claim of Linda Lenoir against Contra Costa County ------------------------------------------------- Dear Clerk : Enclosed is our original claim against the County of Contra Costa , and two copies , as modified in response to your Notice of Insufficiency and/or Non-Acceptance of Claim. Please file this claim and return conformed copies to this office in• the enclosed , self-addressed envelope . Thank you for your attention. to this matter . Very truly yours , LAW OFFICES OF HAMMILL AND WOLF PHILLIP R. MILLER Enclosures CLAIM AGAINST THE RECEIVED COUNTY OF CONTRA COSTA JUL.3 1986 CL K Ar SU CLAIMANTS' NAME: Linda Lenoir By .. RS CLAIMANTS ' ADDRESS : 1309 Noble Court E1 Cerrito, California 94530 CLAIMANTS' TELEPHONE: (415) 529-1218 ; Attorney' s phone : (415) 621-3988 AMOUNT OF CLAIM: Believed not to exceed $75 , 000 .00 . ADDRESS TO WHICH NOTICES ARE TO BE SENT: Law Offices of Hammill & Wolf Ivy Court , Suite #4 414 Gough Street San Francisco, CA 94102 DATE OF INCIDENT: The incident occurred on April 2, 1986 . LOCATION OF INCIDENT: Rape Crisis Center of West Contra Costa 2000 Vale Road , San Pablo, CA 94806 DESCRIBE INJURY OR DAMAGE: On April 2, 1986 , Ms . Lenoir was terminated from employment with the Rape Crisis Center of West Contra Costa County on the false pretext that she was not getting along with her co-workers . Ms . Lenoir was performing very satisfactorily and chose to challenge her supervi'sor ' s baseless evaluation of her . Ms . Lenoir was retaliated against for using the rights given to her in the personnel handbook to correct the inaccurate evaluation. The employee who terminated her is an employee of Contra Costa County . \ Ms . Lenoir was wrongfully terminated from her employment with the Rape Crisis Center of West Contra Costa County, resulting in financial loss , harm to her reputation as a counselor , and great emotional and mental distress . NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURIES OR DAMAGES IF KNOWN: Officers and Directors of Rape Crisis Center of West Contra Costa , in particular Gloria Sandoval and Debora Olsen. HOW INCIDENT OCCURRED: Ms . Lenoir was fired by her supervisor . ITEMIZATION OF CLAIM: Damages are ongo-.ng . DATED: G• k' �G/ `^ ---------� ------ �VIVIAN V. HAMMILL, ESQ. On behalf of LINDA LENOIR AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 11 BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 2 9, .1 9 8 6 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: Unspecified given pursuant to Government Code Section W"Counsel 915.4. Please note all "WAR•NINGS". CLAIMANT: ROBERT G. BIESECKER (AUTHORIZED REPRESENTATIVE) JUL 0 J 1996 ATTORNEY: GALE LOE Martinez Ch 4455's ADDRESS: P.O. . BOX 418 Date received June 30, 19.86 Concord, CA 94522 BY DELIVERY TO CLERK ON: BY MAIL POSTMARKED: unreadable I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: July 2, 1986 BY: Deputy r L. Hall II. FROM: County Counsel T0: Clerk of the Board of Supervisors C VJ This claim complies ubstantially wi h Sezi cti s 10 and 910.2 ,ham ( ) Them FAILS s bstant with Sections 910 and 910.2, and we are so notifying clai ant. The Board cannot a t for 5 days (Secvioci910 8). // 0/�2�y�?cC�C� � . y ��d �was Claim is not timely fil d A The Cf�rk should retulaim on ground thated laIte _. a. jd send (( warning of claimant's right to apply for leave to present a late claim (Section 911.3).A-1` a-0 &U,(A..- ( ) Other: ` t Dated /Q c�Slo By: (�11LGC.C.styC..�J Deputy Coun y Counsel II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) AS AMIE '1041 (X) Clairelwas returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present I ) This Claim is rejected in full. ( ) Other: Portion of claim as amended not previously rPti,rnarl aS untimoiy is rejected in full- 1 certify that this is a true and correct copy of the Board's Order entere in its minutes for this date. Dated: JUL 2 9 1gg PHIL BATCHELOR, Clerk, By � Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'�erved 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. CC: Claimant County Counsel County Administrator r � r � r .� .� t', � f, � ��/,•I _ • ♦ � 1 ♦ ♦ r 1 � � � � ,/ t � � �� � � �� � x �. y' � �. J / / '� � r / ,�! ,! � '' � � i � � l / � � j - r .. f a r r � `+i1 f �/ J J / .i � r , �c � � ,,,/ / l � �/ �, /�. r � � _! � ,r , i r �'� �r I Ia � �/. � �/i i f � 1, j _ i J � 'r �' / t � .r w �r ^�.� / j i ! � � , f� �. . ' . .� i r+ '" -" r � i�, I '� . . / f. � r pt � � �f t , �j f it r j. � � i • • � r f ' '' - �r - / ,,� , i 1 - / � �i �. / ,� . i.. . '�' c-MENDED A CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 2 9 , 1 9 8 6 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: Unspecified given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". County Cou"80 CLAIMANT: KIWON KIM JUL 2 11986 ATTORNEY: c/o John A. Pettis & Associates Professional Law MartlneZ, CA 944 Corporation ADDRESS: P. O. Box 2400 Date received Martinez , CA 94553 BY DELIVERY TO CLERK ON: July 18 , 1986 BY MAIL POSTMARKED: July 1.7, 1986 Certified P140164906 I. FROM: Clerk of the Board of Supervisors TO: :County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: July 18 , 1986 BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (,Q 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. The 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: ti 9S6 8y. / ty County Counsel II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present AS A/�1�itbE� (x) This Claim4is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order ,ent red in its minutes for this date. Dated: JUL 2 9 1986 PHIL BATCHELOR, Clerk, By �PWme. Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'3erved 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. CC: Claimant County Counsel County Administrator VICTOR J. WESTMAN CONTRA COSTA COUNTY COUNSEL TO P.O. BOX 69, CO. ADMIN. BLDG.. Tiou Z Se "all Clerk of the Board of Supervisors MARTINEZ, CA 94553 DATE7// SUBJECT The attached (amend claim(s) were/was sent di rpnfIV to our office. Ple/ase process and return to us_ Thank you. C �- • L�?C Vicki J. Finucane In the Matter of the Claim CLAIM AGAINST PUBLIC of RIWON RIM ENTITY (Gov't Code §§ 905, 905.2, 910.21) against CONTRA COSTA COUNTY Gp4 n / `/ C°4� Ma � I R sei TO THE COUNTY OF CONTRA COSTA AND ITS ATTORNEY OF RECOR C RIWON RIM hereby makes claim against the COUNTY OF q CONTRA COSTA and makes the following statements to support that claim: 1 . Claimant ' s post office address is 2931 Hearst Court, Fairfield, CA 94533. 2 . Notices concerning this claim should be sent to JOHN A. PETTIS & ASSOCIATES PROFESSIONAL LAW CORPORATION, P.O. Box 2400 , Martinez, California 94553 . 3 . The date and place of the occurrence giving rise to this claim were April 17 , 1986 on Pacheco Blvd. , near Morello Avenue, in the City of Martinez , County of Contra Costa, State of California. 4 . The circumstances giving rise to this claim are as follows : Claimant was the driver of a 1979 Pontiac Firebird. He was exiting Gregsons Market onto Pacheco Blvd. when the vehicle driven by Carl. Riddley Doolittle, and owned by Contra Costa County, pulled into his lane and struck plaintiff ' s automobile. Mr. Doolittle was employed and on duty with Contra Costa County at the time of this accident. JUL /f 1986 Hll B TCHEL02 L C OF PCOvISORS 8 r. .. ...... De ut 5 . Claimant ' s injuries include severe injuries to the neck and back, and other injuries, the nature and extent of which are unknown at this time. 6 . The name of the employee causing the claimant ' s injuries is CARL RIDDLEY DOOLITTLE. 7 . Claimant ' s claim for damages as of this date is $50, 000. 00. Dated : July 17, 1986 JOHN A. PETTIS & ASSOCIATES PROFESSIONAL LAW CORPORATION BY J hn A. Pettis VICTOR J. WESTMAN CONTRA COSTA COUNTY COUNSEL P.O. BOX 69. C.O. ADMIN. BLDG.. TO Toil i se Nall MARTINEZ. CA 94553 Clerk of the Board of Supervisors DATE SUBJECT The attached amended a'm to our office. Please rocess a d to us.- Thank you. Vicki J. Finucane • 1 F In- the .Matter of the Claim CLAIM AGAINST PUBLIC • of RIM RIWON ENTITY (Gov't Code §§ 905 , 905 . 2 , 910 . 21 ) against CONTRA COSTA COUNTY County CounsPi JUL 0 2 1986 TO THE COUNTY OF CONTRA COSTA AND ITS ATTORNEY OF RECORD: Martinez CA•9+455b RIM RIWON hereby makes claim against the COUNTY OF CONTRA COSTA and makes the following statements to support that claim: 1 . Claimant ' s post office address is 2931 Hearst Court, Fairfield, CA 94533 2 . Notices concerning this claim should be sent to JOHN A. PETTIS & ASSOCIATES PROFESSIONAL LAW CORPORATION, P.O. Box 2400, Martinez, California 94553 . 3 . The date and place of the occurrence giving rise to this claim were April 17 , 1986 on Pacheco Blvd. , near Morello Avenue, in the City of Martinez , County of Contra Costa, State . of California. 4 . The circumstances giving rise to this claim are as follows : Claimant was the driver of a 1979 Pontiac Firebird. He was exiting Gregsons Market onto Pacheco Blvd when the vehicle driven by Carl Riddley Doolittle, an employee of CONTRA COSTA COUNTY, pulled into his lane and struck plaintiff ' s automobile. 5. Claimant' s injuries include severe injuries to the neck and back, and other injuries , the nature and extent of which are unknown at this time. RECEIVED JUL 62,1980- CL 2,zQ8tia psoas dr .. oway The name of the employee causing the claimant ' s injuries is CARL RIDDLEY DOOLITTLE. 7 . Claimant ' s claim for damages as of this date is $50, 000 . 00. Dated : July 1 , 1986 JOHN A. PETTIS & ASSOCIATES PROFESSIONAL LAW CORPORATION By Jo A. Pettis 7 ''AMENDED BDARD OF SUMVISOR.S OF CMW COSTA WPis " BARD ALZ'ION Claim Against the County, or District ) NMCE 10 CL ADGIiT July 29 , 1986 governed by the Board of Supervisors, ) The oopy a t Mled to yva is yaw Routing Sndoraements, and Board ) notioe of the action taken on your slain by the Action. All Section referenoes are ) Hoard of Supervisors (Paragraph IV, below), to California Goverrment Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wVAMings". Claimant: ELIZABETH L. JOHNSON AND DIANA PENSON County COunset Attorney: c/o Bernard Walter, Murray & Associates JUL U 71986 1781 Union Street +08r Inez, CA.945S Address: San Francisco, CA 94123 cc Amount: Unspecified BY delivery to clerk on June 2 7, 198 6 Date Received: June 27 , 1986 By mail, postmarked on June 25 , 1986 I. : Clerk of the Board of Supervisors 70: t-... e, Attached is a copy of the above-noted claim. Dated: July 2, 1986 PHIL BATCHELOR, Clerk, By Deputy L. Hall II. : County Counsel T0: Clerkof 0 Supero sols (Check only one) V) 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 ct fQr 15 days ( io 910.8). ( Claim is not timely fil4kA Clerk hould urn claim on ound that it was filed late and send warningof claimant's right to apply for leave to present a late � claim (Section 911.3). ( ) Other: Dated: ;a BY!Z Deputyty Counsel r III. FROM: Clerk of the Board T0: (1) unty Counsel, (2) County Administrator ASl�irv,7vQ,�p (X) 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: Portion of Maim as nnenAgA not prPviiniiw returned aG tmfiimalu is rejected in full _ I certify that this is a true and correct copy of he Boardts Order entered in its minor this date. Dated: Uff, 9 1986 PHIL BATOMOR, Clerk, By , Deputy Clerk YARNING (GOV. Code Section 913) SubJect to certain exemptions, you have only six (6) Months from the date of this aotioe was personally served or deposited in the mail to file a court action on this claim. See Goverment Code Section 945.6. You may seek the advice of an attorney of your choice in oonneetion with this matter. If you want to oonsult an attorney, you should do so immediately. V. FROM: Mark of the Board 70: (1) County Coti nsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardts action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Boardfs 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 tcyt. �� DATED:v - -- X986_ PHIL BATCHELOR Clerk, BY • Deputy Clerk w: County Administrator (2) County Counsel (1) VICTOR J. WESTMAN CONTRA COSTA COUNTY COUNSEL TO Cathy Knowles P.O. Box 69. Co. ADMIN. BLDG.. Clerk of the Board of Supervisors MARTINEZ. CA 94558 DATE SUBJECT `j The attachedamended claim to our office. Please process and return to us_ Thank you. i 5_ • M yi Y( • NE�oa soar r a �O0"s Gd K 8Y , i• •1. Vicki J. Finucane • 40 .S Law Offices of County Courntal 1 C JUN 61986 1 i 1781 Union Street San Francisco, California 94123 Martina CA 94553 (415) 673-0555 NOTICE OF SUPPLEMENT TO CLAIM AGAINST PUBLIC ENTITY PURSUANT TO THE CALIFORNIA GOVLRNMENT CODE (Sec. 812 et seq. ) Based upon continuing investigation of this matter and correspondence with the Superintendant of Schools , this notice supplements the contents of the claims previously filed in this matter, attached hereto and incorporated by reference. Claim Against: Contra Costa County, Contra Costa County Office and Board of Education, Contra Costa County Superintendant of Schools, 75 Santa Barbara Road, Pleasant Hill, California 94523 Claimants ' Name: Elizabeth L. Johnson and- Diana Penson. Claimant ' s Address : c/o Bernard Walter , Murray & Associates, 1781 Union Street, San Francisco, California 94123 .Claimant ' s Telephone: 'c/o Bernard Walter, ( 415 ) 673-0555 How Injuries Occurred: Supervisory personnel responsible ultimately to the County Office and Board of Education were made aware by complaints lodged by various employees working with Nick Gonzales about his misconduct on the job involving excessive drinking of alcohol , sexual abuse, and psychological abuse of female coworkers. Members of the Board of Education and Office of Education , who either knew or should have known about this misconduct and dangerous job related condition , did nothing to correct the problem, warn or protect other employees, including but not limited to claimants herein. Date: June 24 , 1986 Murray & Asso iates l Bernard David Walter Attorney for Claimant 1�Vv V41-0 9�AE V150 IRS A 0 GL 1 ' - �CC��f.91�v!/. ���fli�/ (,t:.. eX✓.Jil!„CGII�li1 DECLARATION OF SERVICE BY MAIL -- CCP 1013a & 2015.5 I declare that I am a citizen of the United States, a resident of San Francisco over the age of 18 years, not a party to the within action, and that my business address is 1781 Union Street, San Francisco, California 94123 . That on June 24 , 1986 , I served the within Notice of Supple- mental Claim Against Public Entity on the interested parties by placing a true copy thereof in an envelope addressed to the following: The County Board of Education Ms . Vicky Finucane c/o The Honorable Ron Steward County Counsel ' s Office Superintendant of Schools 651 Pine Street ##106 75 Santa Barbara Road Martinez, California 94553 Pleasant Hill , California 94523 and by then sealing and depositing said envelope with postage fully prepaid in the U.S. mail at San Francisco, California. I declare under penalty of perjury that the foregoing is true and correct , pursuant to the laws of the State of Cali- fornia. Executed June 24., 1986 . 2 VICTOR J. WESTMAN CONTRA COSTA COUNTY COUNSEL TO Cathy Knowles P.O. Box 69, Co. ADNIN. SLD6- Clerk of the Board of Supervisors MARTINEZ. CA 94558 DATE "' " SUBJECT :a The attached 6amended claim to our office. Please process and return to us_ Thank you. ps-V �j. ' NLLOa Softs 0Y .. f: 1 Vicki J. Finucane i Lahti' V I I IL C_N vi • �t1�7'G71GG c�GCl7 ?YIO 1781 Union Street San Francisco, California 94123 (4157' 673-0555 NOTICE OF SUPPLEMENT TO CLAIM AGAINST PUBLIC ENTITY PURSUANT TO THE CALIFORNIA GOVERNMENT CODE (Sec. 812 et seg. ) Based upon continuing investigation of this matter, this notice supplements and incorporates by reference the contents of the May 19th Johnson claim. Claim Acainst : Contra Costa County, Contra Costa County Office or Education , Contra Costa County Superintendant of Schools , 75 Santa Barbara Road , Pleasant Hill , California 94523 Claimants ' Name : Elizabeth L. Johnson and Diana Penson . Claimant ' s Address : c/o Bernard halter , Murray & Associates , 1781 Union Street, San Francisco, California 94123 Claimant ' s Telephone: c/o Bernard halter , ( 415 ) 673-0555 How Injuries Occurred: Ms . Penson observed the physical and psychological pain and suffering endured by her mother , Ms. Johnson , including a suicide attempt, attempt which resulted from Mr.. Gon- zales ' harrassment . Also , she was assaulted by Mr. Gonzales when he forced his way into the Johnson home , and thereafter she observed Mr . Gonzales take a vodka bottle from a shelf , begin drinking , and make sexual advances on Ms . Johnson over her mother ' s objection. It should be noted that Mr . Gonzales threatened to injure Ms . Johnson if she ever told anyone about *his abuses. Description of Injury ( known at this time ) : Emotional pain and suffering_ both personally and by identification with her mother, alienation and disorientation of feelings toward her mother durino the emotional breakdown , and fright related to Mr . Gonzales assault and forced entry into her home. Date: May 22 , 1986 Murray & Asstciates Bernard David Walter Attorney for Claimant RECEIV D q+u tD q1 PFQVISO�S B���B�►RD O y1•G Rr,� 1rr a�.C � tJ 1 r�rw..... rnw-y rn vrs.r n RECEIVED 1781 Union Street h1AYI1��� San Francisco, California 94123 (415) 673-0555 PHIL BAT HE�0R Ep IJ RDO S ERVI �\\I�f [lIJJ��++ RA C A C O. NOTICE OF CLAIM AGAINST PUBLIC ENTITY s PURSUANT TO THE CALIFORNIA GOVERNMENT CODE ( Sec. 812 et se ) Claim Aaainst : Contra Costa County, Contra Costa -County Office of Education, Contra Costa County Superintendant of Schools , 75 Santa Barbara Road , Pleasant Hill , California 94523 Claimant ' s Name : Elizabeth L. Johnson � � `ialrt��c^. . S rC-_�: rESsC/ O Bernard Falter , Murray d Associates, . 17E1 Unic:, Street , San Francisco,. California 94123 Claimant ' s Telephone: c/o Bernard Halter , ( 415 ) 673-0555 Amount of Claim: 5500 , 000 , consisting of past , present, and future medical/psychological expenses . . . 5200 , 000 ; past , present, and future wane loss. . . $100 , 000 ; and general damages of $200 , 000 . Address to which notices are to be sent : Bernard David Walter, Murray s Associates , 1781 Union Street , San Francisco , California 94123 Date of Incident : Cumulative through March 21 , 1986 , date claimant called in sick caused by a visit by Mr . Gonzales to Claimant ' s home where he banged on Claimant ' s door and repeatedly rang her door bell , followed by harrassing phone calls. Location of Incidents : Contra Costa County , primarily at Neighborhood Youth Corps facilities , 1700 Oak Park Blvd . , Pleasant Hill , California 94523 , conference in San Diego, and at Claimant ' s home . Dame Of P::blic Employee Causing Injury/Damage: Nick Gonzales , Neighborhood Youth Corps Director , County Office of Education , while actino in the course of his work ; and Supervisory personnel who did not take reasonable protective measures against such conduct having b.: en put on notice of the hazardous condition created by Mr . Gonzales' drinking problems and abuse of employees. How Injuries Occurred: Claimant began public service employment under Nick Gonzales in 1977 when personal relations were relatively professional . Gradually , however , Mr. Gonzales took advantage of his supervisory position and position of trust to sexually harrass claimant both on and off the job. 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