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MINUTES - 07081986 - 1.22
JUL 02 1986 - �D NlartGnU.CkW5s BOARD OF SUMMMS (F CMM O WA OOONTi, CALF_ PIA BARD ACTION Claim Against the County, or bistrict ) VMCE 70 CLAV4W July 8 , 1986 governed by the Board of Supervisors, ) The copy a t mailed to you is your Routing Endorsements, and Board ) notice of the action taken m yaw alar by the Action. All Section references are ) Board of 34earvisora (Paragraph IV, below), to California Government Codes ) given pursuant to Government Cade Section 913 and 915.4. Please note all •Warnings*. Claimant: HAMEDA S . READ Attorney: Address: 1940 San Antonio Berkeley, CA 94701 June 26 198transmitta- AAmount: Unspecified By delivery to clerk on 6 Date Received: July 2, 1986 By mail, postmarked on no envelope FROM:1. Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. 52 l� Dated: July 2,_ 1986 PHIL BATCHELOR, Clerk, By Deputy L. Hall II. : County Counsel TO: Clerk o o Supery cors (Check only one) (A 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: By: y County C unsel III. FROM: Clerk of the Board 70: (1) Couwy Counsel, (2) County Administrator ( ) Maim was returned as untimely With notice to claimant (Section 911.3). IV. BOARD OMER By unanimous vote of Supervisors present N513/nEND,FO (�3 This claimlis rejected in full. ( ) Other: I certify that this is a true and correct copy of Is Order en in its miftA,sm for,tW date. Dated. ME PHIL BATCFMOR, Clerk, By , Deputy Clerk YARNING (0ov. Code Section 913) Subject to certain ezoeptions, 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 an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in ooaneaticn with this matter. If you want to consult an attorney, you should do so immediately. V. FRM: 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 sailing 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 t a late claim was mailed toJ aimant. DATED.• 9 US PHIL BATCFMZR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) i Victor J. Westman, County Counsel 651 Pine Street Martinez, CA. June 26, 1986 RE: Claim of June 6, 1986 by Hameda S. Read This is in response to the Notice of Insufficiency and/or Non-acceptance of Claim mailed 6/17/86 by your office. My claim is hereby amended to add: 1 )The specific place of the occurence was the premises of the Contra Costa County Social Services Department at 2401 Stanwell Drive Concord, CA. , and 2)The amount claimed is one million dollars ($110001000.00) The above information should complete the claim. If� nut, please let me know what other specific information is needed. S. w y�� CL�,If• TO.j ' BOARD OF SUPERVISORS OF CONTRA COSIRAuQQQW�fiI application to: Instructions to Claimant C.erk oftic Board P. O. Box 911 Martinez, 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 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 , 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 form. RE: Claim by ) Reserved for Clerk' s fl g stamps Hameda S. Read RECEIVED � Against the COUNTY OF CONTRA COSTA) JUN $, 19a6 t BATGMEL02 Or N/A DISTRICT) QEF aveSUSUPE Fill in name) ) TR' ° , The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ Unspecified and in support of this claim represents as follows : ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) March 10, 1986 -------.._.--r-----------------------------------------•------------------- 2. Where did the damage or injury occur? (Include city and county) i Concord-Contra Costa County i ------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details, use extra sheets if required) See X64 below. ------------------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Initiated and/or engaged in spiteful, malicious slander. Invaded marital privacy. (over) 6.` .What are the names of county or district officers, servants or employees causing the damage or injury? Sharon Johnson, Elizabeth Hutchins, Robert E. Jornlin 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) General damages, punitive. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) N/A 8. Names and addresses of witnesses, doctors and hospitais. Investigation still pending. -----T---- -------�•------------------------------------------------- ------- 9. List the expenditures you made on account of this accident or nury. DATE ITEM AMOUNT None to date. Govt. Code Sec. - 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or b , some person on his behalf. " Name .and 'Address of Attorney C1a t s Signature 1,9 4/0 imx-len, "o Address /3�r/�c1e� CSA 90 7 Telephone No. Telephone No. a S"-J,3 / 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. " r - ` , s pXSME ANDEDv 1CUN BOARD W SUPERVISORS OF 03M CMA WMM, CKMONIA HARD ACTION Claim Against the County, or bietriet ) INCE 70 CLApupT July 8 , 1986 - governed by the Board of Supervisors, ) The oopy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on you claim by the Action. All Section references are ) Hoard of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Seetioq� 913 and 915.4. Please note all wWarninW. v� Claimant: PACIFIC GAS AND ELECTRIC C0N!PADTY Attorney: ® 3 X986 Address: 1030 Detroit Avenue, Concord, CA. 94518-2487 Frorl CAO `' Amount: $1, 778 . 68 By delivery to clerk on 6-18-86 Date Received: 6-18-86 By mail, postmarked on no enve 1 o D e I. FROM: Clerk of the Board of Supervisors 710: County Counsel Attached is a copy of the above-noted claim. Dated: 6-20-86 PHIL BATCHELOR,, Clerk, By Deputy Hall 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: By: . Deputy County Counsel III. FROM: Clerk of the Board TO: (1) ` ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD OMEt By unanimous vote of Supervisors present (X) This claim'fis rejected in full. ( ) Other: I certify that this is a true and correct copy of t Board's Order entered in its miruut�es for this date. Dated: J111. 6 PHIL BATCHII,OR, Clerk, By �/ , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notioe 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 Boardis 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 aimant. DATED: PHIL BATCHELOR. Clerk, By , Deputy Clerk Wt P1+mmty AAmi ni ntrator (2) County rmm-,q@1 11 PAC 11FIC GAS AND RILIEC-rhLIQ �- CQi4kAN-Y P(3andE -4- 101'30 DETROIT AVENUE CONCORD, C;AL'IF' ORNIA 94518-2487 , . Jul IOU June 2 , 1986 RECEIVED Office of County Administration RECEIVED Risk Management Division JUN IT 19BG 651 Pine Street P"IL BATCHE" Martinez , CA 94553 K60 MORS A COST Dow. Attention Mr. Joe Font. Dear Mr. Fonta: On June 2. , 1986 , 1 spoke to Terry McGraw regarding the bill for damages that occurred or, September 22 , 1985 at Vasco and Camino Diablo in Brentwood. Mr. McGraw requested a copy of our October 30 , 1985 letter which I understood was never received, and a copy is enclosed along with our invoice in the amount of $1 , 778 . 68 . If you should have any questions regarding this matter, please contact me at 674-6460 . Sinc Y , :7'ee� Susan J . Piper Customer Service Representative sjp: ljs Enclosure A/R OC85-6108 a FS C GA AND PA C SE L E C T R I C C OMPA NY PCandE -4-1030 DETROIT AVENUE CONCORD, CALIFORNIA 9451°-2487 4N, N:�, �L October 30 , 1985 r Contra Cost ublic Wor 651 Fine greet Mart , CA 94553 entlemen: On September 22 , 1985 , our 40-foot joint pole located on the west side of Vasco Road, seven poles south of Camino Diablo, Brentwood, was damaged by your road grader. Our invoice will be sent to you when the cost of repairs has been determined. If it will be more convenient for you to have us refer this claim directly to your insurance company, we will do so at your request. If you have any questions, please contact me at (415 ) 674-6460 . Sincerely, Susan J. Piper Customer Services Representative SJF: ljs A/R #C85-6018 bcc Constr. Acctg. /a2d2 ► Com`°� APPLICATION TO FILE LATE CLAIM 'JUN 17 1986 . BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION �n to File Late Claim ) NOTICE TO APPLICANT July 8, 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: The Limited Stores , Inc. Attorney: Linda S. Meyer Donahue, Gallagher, Thomas & Woods Address: 1900 Kaiser Center 300 Lakeside Dr. hand delivered Amount: Oakland, CA 94612-3570By delivery to Clerk on June 9 , 1986 Date Received: June 9 , 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: June 12 , 1986 PHIL BATCHELOR, Clerk, By L i Deputy Cathv wles II. FROM: County Counsel TO: C1 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 911.6). DATED 'VICTOR WESTMAN, County Counsel, By4_;_, ;/ 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. DATE: JUL 8 1986 PHIL 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 immediately. _ IV. FROM: Clerk of the Board TO: 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. Deputy DATED: PHIL BATCHELOR. Clerk, By De,� p y 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 1 GEORGE J. BARRON LINDA S. MEYER 2 DONAHUE, GALLAGHER, THOMAS & WOODS 1900 Kaiser Center p'-�---- 3 300 Lakeside Drive ► Oakland, California 94612-3570 - =`CEJVED • r 3:35 n� Telephone: ( 415 ) 451-0544 JUN cl 190886 5 Attorneys for THE LIMITED PHlt PATCH;LO� 11WA BOW)OF 6 STORES, INC. 7 8 THE LIMITED STORES, INC. ) 9 Claimant , ) APPLICATION FOR LEAVE TO PRESENT LATE CLAIM 10 V. ) [Gov't. Code § 911.41 11 COUNTY OF CONTRA COSTA ) 12 ) 13 14 TO THE CONTRA COSTA COUNTY COUNCIL: 15 1. Application is hereby made, pursuant to Government 16 Code S 911.4 , for leave to present a late claim founded on 17 a cause of action for injuries to personal property and losses 18 resulting from business interruption which occurred on December 19 23, 1985 , for which a claim was not presented within the 20 100-day period provided by § 911.2 of the Government Code. 21 For additional circumstances relating to the cause of action 22 the proposed claim attached to this application is incorporated 23 herein. 24 2. The failure to present this claim within the 25 100-day period specified by § 911.2 of the Government Code 26 was through mistake, inadvertence and excusable neglect , 27 and the City of Concord was not prejudiced by this failure, 28 all as more particularly shown by the attached Declaration „W 1 Declaration of Linda S. Meyer. 2 3 . This application is being presented within 3 a reasonable time after the accrual of this cause of action, 4 as more particularly shown by the attached Declaration of 5 Linda S. Meyer. 6 WHEREFORE, it is respectfully requested that this 7 application be granted and that the attached proposed claim 8 be received and acted upon in accordance with §§ 912.4-913 9 of the Government Code. 10 11 Dated: June , 1986 DONAHUE, GALLAGHER, THOMAS & WOODS 12 13 Linda S. Meyer 14 Attorneys for Claimant THE LIMITED STORES, INC. 15 16 NOTE: The address to which notices relating to this Applica- 17 tion are to be sent is: 18 Linda S. Meyer Donahue, Gallagher, Thomas & Woods 19 1900 Kaiser Center 300 Lakeside Drive 20 Oakland, California 94612-3570 21 22 23 24 25 26 27 28 -2- I GEORGE J. BARRON LINDA S. MEYER 2 DONAHUE, GALLAGHER, THOMAS & WOODS 1900 Kaiser Center 3 300 Lakeside Drive Oakland, California 94612-3570 4 Telephone: (415 ) 451-0544 5 Attorneys for THE LIMITED STORES, INC. 6 7 8 THE LIMITED STORES, INC. ) DECLARATION OF LINDA S. MEYER 9 Claimant, ) IN SUPPORT OF APPLICATION FOR LEAVE TO PRESENT LATE 10 V. ) CLAIM [Gov't Code S 911.4 ] 11 COUNTY OF CONTRA COSTA ) 12 ) 13 14 I , LINDA S. MEYER, declare: 15 1. I am an attorney at law duly admitted to practice 16 before all the courts of the State of California and one of 17 the attorneys for Claimant The Limited Stores, Inc. 18 2. Our office was retained by The Limited Stores, 19 Inc. after the expiration of the 100-day period provided by 20 Government Code S 911.2 for the presentation of claims . 21 3. The Limited Stores, Inc. is an out of state 22 corporation without any corporate headquarters or general 23 counsel in California. 24 4 . To my knowledge, The Limited Stores, Inc. was 25 not aware of the 100-day period specified by Government Code 26 § 911.2. 27 28 -1- .. 1 If called as a witness , I would competently testify 2 to the foregoing on the basis of my personal, direct knowledge. 3 I declare under penalty of perjury that the foregoing 4 is true and correct. 5 Executed on 1986, at Oakland, 6 California. 7 9 --------- Linda' S. Meyer 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CLAIM AGAINST COUNTY OF CONTRA COSTA }. .; TU. COUNTY OF CONTRA COSTA, CALIFORNIA 651 Pike Street , Martinez , CA ATTN. County Clerk Pursuant to Section 910 of the Government Code, claim is presented to the County of Contra Costa, _Calif- ornia, ,as follows: (a) The name and post office address of the claimant; The Limited Stores , Inc. , One Limited Parkway, P.O. Box 16528, Columbus; Ohio 43216 (b) The post office address to which the person presenting the claim desires notice to be sent; (leave blank if same as (a)). George J. Barron, Linda S. Meyer Donahue, Gallagher, Thomas & Woods, 1900 Kaiser Center, 300 Lakeside Drive, Oakland, California 94612-3570 (c) The date, place, time, location and other circumstances of the occurrence or transaction which gave rise to the claim asserted; Date 12/23/86 Time: 8: 30 p.m Place Sun Valley Shopping Center, Concord, California Circumstances A Beechcraft Baron aircraft crashed into the Sun Valley Mall Shopping Center as a result of the County of Contra Costa' s failure to properly control flights and landings at Buchanan Airfield and for negligently allowing Sun Valley Mall Shopping Center and Buchanan Airfield to operate in close proximity to each other, resulting in damages for injury to personal property and for losses due to business interruption _(use reverse if more space needed) (d) A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of the claim; Claimant 's damages include lost inventory; repair and cleaning of floors, replacement of storefront tablecloth; losses resulting from business interruption. (e) The name or names of the public employee or employees causing the injury, damage, or loss, if known; Not known (f) The amount claimed as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed; Approximately $46,000. I declare under penalty of perjury that the foregoing is true and correct. Executed at Oakland , California, on June 19 86 (claimant's Signature) Linda S. Meyer, Attorneys for Claimant , The Limited Stores , Inc. 11I A 0q11_ li APPLICATION TO FILE LATE CLAIM r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT July 8 , 1986 Against the County, Routing ) The copy of this document mailed to you fs 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: Mason R. Geis inger county counsel Attorney: Roxanne M. Gartrell JUN 0 51986 Scott & Barsotti Address: 315 E. Leland Rd. WtVA ,CA*0 Pittsburg, CA 94565 hand delivered Amount: Unspecified By delivery to Clerk on June 5 , 1986 Date Received: June 5, 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above noted Appliion to Fil to Claim. DATED: June 5, 1986 PHIL BATCHELOR, Clerk, By QDeputy Ca nowles II. FROM: County Counsel TO: C1 of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). V) The Board should deny this Application to File Late Claim (Section 911.6). f�. DATED& '&�'.VICTOR WESTMAN, County Counsel, Bf y III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) 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. J U L 81986 DATE: PHIL 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• ,JUL 91986 DATED: PHIL BATCHELOR, Clerk, By 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 LAW OFFICES SCOTT & BARSOTTI .LAMES E. SCOTT A PROFESSIONAL CORPORATION (415) 432.2955 RICHARD A. BARSOTTI - (415) 689.2433 315 EAST LELAND ROAD ROXANNE M. GARTRELL PITTSBURG, CALIFORNIA 94565 June 4, 1986 ED JUrJ ?9? J.o PHIL BATCHELOR ERK RD PERVt qg RA TA CO. Board of Supervisors By ' Contra Costa County 651 Pine Street Martinez, CA 94553 Re : Geisinger v. Contra Costa County, et al. Dear Sir or Madam: Enclosed is original Application for Leave to Present Late Claim on Behalf of Mason R. Geisinger, Claimant; Declara- tion of James E. Scott; and Declaration of Roxanne M. Gartrell . If you need additional copies, please advise and we will forward the same. Sincerely, Law Offices SCOTT & BARSOTTI Roxan e 1.4= RMG: lml Enclosures 1 LAW OFFICES 2 SCOTT & BARSOTTI A PROFESSIONAL CORPORATION 3 315 EAST LELAND ROAD PITTSBURG. CALIFORNIA 9439'5 4 (415)432-2955 S 6 ATTORNEYS FOR Claimant 7 8 CEI'VED 9 AS- 10 In the Matter of the Claim of ) JUN S 1986 11 MASON R. GEISINGER, ) Al 12 ) s`--tomw=v: 13 Claimant, ) ) 14 vs . ) APPLICATION FOR LEAVE TO 15 ) PRESENT LATE CLAIM ON BEHALF CONTRA COSTA COUNTY SHERIFF' S ) OF MASON R. GEISINGER, CLAIMANT 16 DEPARTMENT, CONTRA COSTA COUNTY ) 17 ANIMAL SERVICES DEPARTMENT AND ) CONTRA COSTA COUNTY, ) 18 ) 19 Respondents . ) 20 TO THE CONTRA COSTA COUNTY ANIMAL SERVICES DEPARTMENT, CONTRA 21 COSTA COUNTY SHERIFF' S DEPARTMENT AND CONTRA COSTA COUNTY: 22 23 Application is hereby made, pursuant to Government Code 24 Section 911 .4, for leave to present a late claim founded on a cause of 25 action for personal injuries caused by negligence, assault and 26 battery, false arrest and deprivation of civil rights which accrued 27 on December 23, 1985, for which a claim was not presented within the 28 100 day period provided by Section 911 . 2 of the Government Code. For 29 additional circumstances relating to the cause of action, reference 30 is made to the proposed claim attached to this application as Exhibit 31 A and incorporated herein as though fully set forth. 32 The failure to present this claim within the 100 day period specified by Section 911 . 2 of the Government Code was through mistake 33 34 and/or inadvertence and/or surprise and/or excusable neglect and the 35 respondents herein were not prejudiced by this failure, all as more 36 particularly shown in the declarations of James E. Scott and Roxanne 1 t 1 M. Gartrell which accompany this application. 2 This application is being presented within a reasonable time 3 after the accrual of this cause of action, as more particularly shown 4 by the attached declarations of James E. Scott and Roxanne M. 5 Gartrell . 6 WHEREFORE, it is respectfully requested that this application 7 be granted and that the attached proposed claim be received and acted 8 on in accordance with Sections 912 . 4 through 913 of the Government 9 Code . 10 DATED: June 4 , 1986 . 11 Law Offices SCOTT & BARSOTTI 12 13 14 14VO�'Z 15 -R NNE M. GARTRELL 16 Attorney for Claimant 17 18 19 20 21 22 23 24 25 26 27 28 29 30 s LO 31 '0 32 32 Na+ i n LLpq � ZR N 33 W W 0 0 35 Ua ` 36 2 1 LAW OFFICES SCOTT & BARSOTTI A PROFESSIONAL CORPORATION 3 315 EAST LELAND ROAD PITTSBURG CALIFORNIA 8469'5 4 k415),72-2955 5 6 ATTORNEYS FOR Claimant 7 8 9 10 In the Matter of the Claim of ) 11 MASON R. GEISINGER, ) 12 ) 13 Claimant, ) 14 vs. ) CLAIM FOR PERSONAL INJURIES; 15 ) VIOLATION OF CIVIL RIGHTS; CONTRA COSTA COUNTY SHERIFF' S ) AND FALSE ARREST 16 DEPARTMENT, CONTRA COSTA COUNTY ) 17 ANIMAL SERVICES DEPARTMENT AND ) CONTRA COSTA COUNTY, ) 18 ) 19 Respondents. ) 20 21 I 22 MASON R. GEISINGER, through his attorney, Roxanne M. Gartrell 23 of the Law Offices of Scott & Barsotti, hereby presents this claim to 24 the CONTRA COSTA COUNTY SHERIFF' S DEPAR,rMENT, CONTRA COSTA COUNTY 25 ANIMAL SERVICES DEPARTMENT and CONTRA COSTA COUNTY, State of Califor- 26 nia, pursuant to Government Code Section 910, et seq. 27 11 28 The name and post office address of claimant is as follows : 29 Mason R. Geisinger 30 8600 Monte Verde Road 31 El Sobrante, CA 94803 32 III 33 The post office address to which claimant desires notice of 34 this claim to be sent is as follows: 35 36 1 ENIGIT A I Roxanne M. Gartrell Law Offices 2 Scott & Barsotti 3 315 E. Leland Road 4 Pittsburg, CA 94565 5 IV 6 On or about December 23, 1985, claimant' s civil rights were 7 violated, claimant was falsely arrested, and claimant received 8 personal injuries under the following circumstances: 9 Claimant contacted CONTRA COSTA COUNTY ANIMAL SERVICES 10 DEPARTMENT on the above referenced date regarding an injured animal 11 on his property. After ANIMAL SERVICES DEPARTMENT removed the 12 injured dog, officers from the ANIMAL SERVICES DEPARTMENT and the 13 SHERIFF' S DEPARTMENT returned to MR. GEISINGER' S home. Thereafter, 14 without valid cause, the officers from CONTRA COSTA COUNTY ANIMAL 15 SERVICES DEPARTMENT and CONTRA COSTA COUNTY SHERIFF' S DEPARTMENT 16 assaulted, battered, and otherwise abused the claimant. Addition- 17 ally, claimant was placed under arrest, again without valid cause, 18 and was thereby deprived of his guaranteed civil rigths and was 19 falsely arrested. 20 As a result of the facts herein described, claimant was 21 injured in his health, strength and activity, sustaining injury to 22 claimant ' s body and shock and injury to claimant ' s nervous system and 23 person. Said injuries were a result of the negligence and depriva- 24 tion of other rights as herein described of the employees of CONTRA 25 COSTA COUNTY ANIMAL SERVICES DEPARMENT and CONTRA COSTA COUNTY 26 SHERIFF' S DEPARTMENT, whose names are believed to be: From ANIMAL 27 SERVICES - C. MILLER or LINDA MILLER, Employee No. 38516 ; From CONTRA 28 COSTA COUNTY SHERIFF' S DEPARTMENT - OFFICER WATKINS, No. 33443 , and 29 another officer whose identity is unknown at this time. 30 V " o 31 Claimant has incurred medical bills as a result of the 40 gf „ 32 injuries above complained of but is still under treatment and x 33 therefore does not know the exact amount thereof. The exact amount „ 34 of the medical bills incurred is not known to claimant at this time, - o2m 35 but claimant estimates said damages to be in the approximate amount U4 36 of $103 . 00 and estimates that there will be future damages . The 2 i 1 amount of said future damages is unknown at this time. In addition, 2 claimant was unable to attend to his usual occupation. Claimant does 3 not know the exact amount of income lost at this time. 4 VI 5 At the time of presentation of this claim, claimant claimed 6 general damages in the sum of $7, 500.00 and special damages as set 7 forth above for a total of $7 , 603 .00 . Claimant will advise the 8 CONTRA COSTA COUNTY ANIMAL SERVICES DEPARTMENT, CONTRA COSTA COUNTY 9 SHERIFF' S DEPARTMENT and CONTRA COSTA COUNTY of the exact amount of 10 special damages when the same has been ascertained by claimant. 11 VII 12 Claimant requests further communication or correspondence 13 incident to this matter be directed to claimant ' s attorney, Roxanne 14 M. Gartrell, at 315 E. Leland Road, Pittsburg, California 94565 . 15 DATED: 16 Law Offices 17 SCOTT & BARSOTTI 18 19 ROXANNE M. -GARTRELL 20 Attorney for Claimant 21 22 23 24 25 26 27 28 29 30 o 31 � 32 pan = f J < W " . M z Z33 2 W ° - ^ 34 o - s 35 U ` cn ` 36 3 1 LAW OFFICES 2 SCOTT & BARSOTTI A PROFESSIONAL CORPORATION 3 315 EAST LELAND ROAD PITTSBURG CALIFORNIA 94596 4 (415)432-2955 5 6 ATTORNEYS FOR Claimant 7 8 9 10 In the Matter of the Claim of } 11 ) MASON R. GEISINGER, ) 12 ) 13 Claimant, ) 14 vs . ) DECLARATION OF JAMES E. 15 ) SCOTT IN SUPPORT OF APPLI- CONTRA COSTA COUNTY SHERIFF' S ) CATION FOR LEAVE TO PRESENT 16 DEPARTMENT, CONTRA COSTA COUNTY ) LATE CLAIM ON BEHALF OF 17 ANIMAL SERVICES DEPARTMENT AND ) MASON R. GEISINGER'_ CONTRA COSTA COUNTY, ) 18 ) 19 Respondents . ) 20 21 I, James E. Scott, am an attorney at law, duly licensed to 22 practice before all courts of the State of California. 23 The incident from which this claim arises occurred on 24 December 23, 1985 . The incident is regarding a dispute over the 25 trapping of a dog on MR. GEISINGER' S property. During the incident 26 which occurred at MR. GEISINGER' S home on December 23, 1985, MR. 27 GEISINGER was wrongfully arrested and, in addition, was treated in a 28 brutal and abusive manner by members of the ANIMAL SERVICES DEPART- 29 MENT and of the CONTRA COSTA COUNTY SHERIFF' S DEPARTMENT. 30 MR. GEISINGER first consulted this office in early January 31 1986. It was determined at that time that MR. GEISINGER would 32 require legal assistance on two distinctly different types of cases . 33 One being defense of any criminal charges brought against him. The 34 other being pursuit of his right to make a claim against the 35 government entity for his wrongful arrest and for other legal causes 36 of action arising out of the referenced incident. As is our 3 1 practice, my office then opened two separate files for MR. GEISINGER, 2 one for a civil matter and one for a criminal matter. 3 Roxanne Gartrell, an attorney since June of 1985, had been 4 hired by our office in November of 1985 . My law partner, Richard 5 Barsotti and I were making various assignments to Roxanne Gartrell to 6 be done under our supervision and direction when necessary. 7 I had assigned work to Ms . Gartrell on both the civil and 8 criminal cases of MR. GEISINGER. About that same time I also asked 9 Ms . Gartrell to prepare a government claim in another case, Wackerle 10 v. California State Board of Control, a copy of which is attached 11 hereto as Exhibit B. 12 The Wackerle claim was filed January 23 , 1986 . Due to my 13 error, inadvertence and excusable neglect , I made an entry in the 14 GEISINGER file information card (wherein the progress of a case is 15 marked) that his government claim was filed January 23, 1986, and 16 suspended the file until June 2 , 1986 for review and preparation of a 17 complaint. At this time, I did not realize that I had made the entry 18 in the GEISINGER file information card rather than in the Wackerle 19I file information card where it belonged . A copy of said card is 20 attached hereto as Exhibit C. 21 When the file was pulled and given to me for review, I noted 22 that there was no copy of the government claim in the file. The 23 GEISINGER file information card indicated that the claim had been 24 filed and in my mind I was certain that it had, not realizing I had 25 confused it with the Wackerle file. In fact, I was so certain that 26 the government claim had been filed and that the copy had been 27 misplaced in my office that I had the Board of Supervisors called with 28 the intention of requesting a copy of the claim be forwarded to my 29 office. 30 The Board of Supervisors advised that no such claim was on 0 o ,5 0 31 file. After some searching of the records, my error was discovered. < p A.5 32 It was through my mistake and inadvertence and excusable LL4� ° a n 11 � . 33 neglect that the notation regarding the government claim was made in 0 Z j 6 a t ° ^ 34 the incorrect file. J � W W d ;; 35 The criminal matter was handled to its conclusion by Roxanne i ` 36 Gartrell, which resulted in a dismissal . 4 1 Under these circumstances appropriate grounds exist for 2 approval to file a late claim. MR. GEISINGER consulted my office on 3 a timely basis, I opened files in this case on a timely basis . I was 4 aware that the government claim was to be filed within 100 days. I 5 believed that all appropriate steps had been taken in order to make 6 sure that all deadlines were met. The incident which is at issue in 7 this claim is less than six months in the past. Under these 8 circumstances, claimant meets the requirement that a late claim must 9 be pursued prior to one year from the time the incident occurred. 10 I declare under penalty of perjury under the laws of the 11 State of California that the foregoing is true and correct . 12 Executed on June 4, 1986, .,-af ittsburg, Ca afornia. 13 'Law 0 fices X" SCOTT, & BARSOTTI ! }- 14 15 •ti I� , it 18ittor ey for Claimant 19 11 20 21 22 23 24 25 26 27 28 29 30 LO � v � � oo < 32 W a O 7i n oa1 ' Wnf33 E34 LL " ] 35 IL a n ` 36 5 1 LAW OFFICES SCOTT & BARSOTTI A PROrESSIONAL CORPORATION 3 JIS EAST LELANO ROAD PITTSBURG CALIFORNIA 04MO.5 4 415432-2955 5 6 ATTORNEYS FOR Claimants 7 8 9 10 In the Matter of the Claim of ) 11 LLOYD WACKERLE, FRANCES WACKERLE, ) 12 KATHERINE REDICAN, LLOYD E. ) 13 WACKERLE II, and EDWARD L. ) WACKERLE, ) 14 ) 15 Claimants, ) 16 vs. ) CLAIM FOR 17 ) WRONGFUL DEATH CALIFORNIA STATE BOARD OF CONTROL, ) 18 CALIFORNIA DEPARTMENT OF CORREC- ) 19 TIONS, SAN QUENTIN STATE PRISON, ) and SPENCER DAVID LANGRY, ) 20 ) 21 Respondents . ) 22 23 24 I 25 The above-named claimants, through their• attorneys, the Law 26 Offices of Scott & Barsotti , hereby present this claim to the 27 respondents above-named, STATE OF CALIFORNIA, pursuant to Government 28 Code Section 910, et seq. 29 I I 30 This is a claim for the wrongful death of KEITH WACKERLE and 31 the name, address and relationship to decedent of each claimant is as 32 follows : 33 NAME RELATIONSHIP 34 LLOYD and FRANCES WACKERLE Father and mother of decedent 35. 135 Lorraine Avenue Pittsburg, CA 94565 36 1 EXN181T 1 MRS. KATHERINE REDICAN Sister of decedent 2 1605 A Cavallo Road Antioch, CA 94509 3 LLOYD E. WACKERLE II Brother of decedent 4 135 Lorraine Avenue 5 Pittsburg, CA 94565 6 EDWARD L. WACKERLE Brother of decedent 7 135 Lorraine Avenue 8 Pittsburg, CA 94565 9 III 10 The post office address to which claimants desire notice of 11 this claim to be sent is as follows: 12 James E. Scott 13 Law Offices Scott & Barsotti 14 315 E. Leland Road 15 Pittsburg, CA 94565 16 IV 17 On or about November 22, 1985 , Keith War_kerle, deceased, died 18 from gunshot wounds inflicted upon him by San Quentin guard SPENCER 19 DAVID LANGRY. The location of the shooting was outside the residence 20 of SPENCER DAVID LANGRY, at 3407 Moretti Drive, Concord, California. 21 MR. LANGRY apparently had some prior differences with Harvey 22 Anthony Bolfing II over a woman named Stacy Potts . Stacy Potts was 23 at the LANGRY residence when Mr. Bolfing and decedent came to the 24 residence. There were some differences between MR. LANGRY and Mr. 25 Bolfing which in no way involved decedent. Without provocation, MR. 26 LANGRY shot decedent , either negligently, or intentionally and 27 deliberately. 28 Prior to this shooting, MR. LANGRY reported to prison 29 officials that he was having problems with Mr. Bolfing and was 30 advised by the prison officials to carry his weapon . ., o 31 As a proximate result of the misconduct summarized above, x .20 32 claimants have sustained pecuniary loss resulting from the loss of 2 � 33 society, comfort, attention, support and services of decedent as O < W < • 3: 2 �" ^ 34 provided in C.C. P. Section 425 . 10 . J W „ ore 35 In addition, ambulance, medical , funeral and burial expenses < 36 have been incurred. by the parents of decedent . 2 ( l 1 The action of MR. LANGRY, and the persons who advised him to 2 carry a handgun, was done with a wanton, wilful and conscious 3 disregard for the rights and safety of decedent, and claimants are 4 therefore entitled to exemplary and punitive damages against said 5 persons individually as provided in C.C. P. Section 425 . 10. 6 V 7 Claimants LLOYD WACKERLE and FRANCES WACKERLE have incurred 8 the following items of special damages : 9 Regional Medical Systems (ambulance) . . . . . .$ 378 .75 10 Mt. Diablo Hospital . . . . . . . . . . . . . . . . . . . . . . . 928.60 Diablo Valley Radiology. . . . . . . . . . . . . . . . . . . 22 .00 11 Pittsburg Funeral Chapel . . . . . . . . . . . . . ... . . . 1 , 344 . 25 12 Holy Cross Cemetary. . . . . . . . . . . . . . . . . . . . . . . 1 , 263 . 00 13 Total specials. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3 ,936 .60 14 General Damages. . . . . . . . . . . . . . . . . . . . . . . . . . .$500,000 .00 15 16 Total damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $503 , 936 . 60 17 In addition, claimants seek punitive 18 damages , individually, against the persons above referred in the amount of. . . $500 .000 .00 19 20 Vi 21 Claimants request further communication or correspondence 22 incident to this matter be directed to claimants ' attorney, Law 23 Offices of Scott & Barsotti, at 315 E. Leland Road, Pittsburg, 24 California 94565, attention James E. Scott . 25 DATED: January 23, 1986 . Law Offices 26 SCOTT & BARSOTTI 27 28 /S/ JAM E. --OTT 29 JAMES E. SCOTT 30 Attorney for Claimants Ir o 31 ; oma 32 „ 33 34 y W � 35 U ` 36 3 7 1 PROOF OF SERVICE BY MAIL - CCP 1013a, 2015a 2 3 I declare that : ' 4 I am a resident of the County of Contra Costa, California. 5 I am over the age of eighteen years and not a party of the 6 within entitled cause; my business address is 315 E. Leland Road, 7 Pittsburg, California 94565 . 8 On January 23 , 1986, I served the attached CLAIM FOR WRONGFUL 9 DEATH on the respondents in said cause, by placing a true copy thereof 10 enclosed , by certified mail , in a sealed envelope with postage 11 thereon fully prepaid, in the United States Mail at Pittsburg, 12 California, addressed as follows : 13 California State Board of Control 14 P. 0. Box 3035 Sacramento, CA 95812-3035 15 16 California Department of Corrections 600 Bercut Drive 17 Sacramento, CA 95814 18 Warden 19 California State Prison at San Quentin 20 San Quentin, CA 94964 21 Spencer David Langry 22 3407 Moretti Drive Concord , CA 94519 23 24 I declare under penalty of perjury under the laws of the 25 State of California that the foregoing is true and correct, and that 26 this declaration was executed on January 23 , 1986 at Pittsburg , 27 California . 28 29 --- -- -- - - -- -- 30 Linda M. Lujan oa 31 o 32 ♦ I x1 c 33 o� 0 34 ^ _ - 35 U � ` t 36 M/-v ACCIDENT DATE: �t :2 -3., kg77 TYPE: D/IN: CLIENT: aa'' V1---x0 _ -- Soc. Sec. Address: Seo ;,4 QA2 rn-7 V1---x0e' (�a 14 !7XXV X PHONE: vZ ;2Z 3 "" (F" S- ACC. ACC. INFO: PRIOR MED: MEDICALS: Ambulance: Hospitals: Doctors: Fr.. 10 >C11d J 12.. <' INCOME: Employer: Time missed: CLIENT INS: Coverage: Collision: Med. Pay: Amt. Reimbursed: Repayment Clause: DEF. INSURANCE: ADVANCED: Prop. g: Med: i n SETTLEMENT INFO: �I I LAW OFFICES SCOTT & BARSOTTI A PROFESSIONAL CORPORATION 3 315 EAST LELAND ROAD PITTSBURG. CALIFORNIA 9456.5 4 (415)432-2955 5 6 ATTORNEYS FOR Claimant 7 8 9 10 In the Matter of the Claim of ) 11 ) MASON R. GEISINGER, ) 12 ) 13 Claimant, ) ) 14 VS. ) DECLARATION OF ROXANNE M. 15 ) GARTRELL IN SUPPORT OF CONTRA COSTA COUNTY SHERIFF' S ) APPLICATION FOR LEAVE TO 16 DEPARTMENT, CONTRA COSTA COUNTY ) PRESENT LATE CLAIM ON BEHALF 17 ANIMAL SERVICES DEPARTMENT AND ) OF MASON R. GEISINGER CONTRA COSTA COUNTY, ) 18 ) 19 Respondents . ) 20 21 I, Roxanne M. Gartrell, am an attorney at law, duly licensed 22 to practice before all courts of the State of California. 23 My first position as an attorney began November 1985 at the 24 Law Offices of Scott & Barsotti . I work closely with Mr. Scott and 25 Mr. Barsotti and am often assigned cases by them. 26 In late January, 1986 , Mr. Scott assigned to me the case of 27 MASON R. GEISINGER and Wackerle v. State Board of Control , et al . 28 He explained to me that the GEISINGER case actually involved two 29 separate cases . One would be for the criminal defense of any charges 30 filed against MR. GEISINGER and the second one would be for a 31 government claim and subsequent complaint on behalf of MR. GEISINGER. 32 He further instructed me to prepare a government claim in the 33 Wackerle file. Because the Wackerle case was more pressing in terms 34 of the date of occurrence, I worked on that case first. I completed 35 the government claim in Wackerle on January 23, 1986 for Mr. Scott' s 36 signature. 6 1 Thereafter I began working on the GEISINGER file. Upon 2 reviewing the file in the GEISINGER case, I: noted that the file 3 information card in the GEISINGER case indicated a government claim 4 had been filed on January 23, 1986 . Believing that Mr. Scott had 5 gone ahead and prepared the government claim in GEISINGER himself, I 6 simply observed that the case was calendared to be pulled June 2 , 1986 7 for preparation of the complaint , and did no further work on the 8 civil/government claim case. I proceeded to handle the criminal 9 file, which is a separate file, on a number of occasions since that 10 date. It was not until June . 2 , 1986 when preparation of the 11I complaint was to have started that we learned the government claim 12 was not filed as was indicated in the civil file. In the attempts by 13 this office to discern what had gone wrong in this instance, we 14 discovered that the notation in this file was actually referring to a 15 government claim which was filed in the Wackerle case. (See Mr. 16 Scott ' s declaration and attached government claim in the Wackerle v. 17 California State Board of Control case. ) 181 After consultation with the other attorneys in this office, a 19 decision was made to immediately apply for approval to file a late 20 claim pursuant to Government Code Section 911 .4 . I believe that the 21 conditions of Government Code Section 911 .4 have been met on the 22 basis of mistake and/or inadvertence and/or excusable neglect. 23 I declare under penalty of perjury under the laws of the 24 State of California that the foregoing is true and correct. 25 Executed on June 4, 1986, at Pittsburg, California. 26 Law Offices SCOTT & BARSOTTI 27 28 12 29 ? (/q//J`f// 30 --ROkMt4E M. GTRELL Attorney for Claimant ZLO 31 o a r o � moo '� ` 32 N Qy a � n 0 a a a n s X33 Ory i - E a i 0 �° „ 34 Q 0 < C e W W Qp5m 35 U n ` 36 7 . CL CD4 HOARD OF WPF.RPI90RS OF MW Own omm, cammm__IA HDARD ACTION Claim Against the County, or District ) NOTICE 70 CLAIMANT July 8 , 1986 governed by the Board of Supervisors, ) The copys t 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 wNarnings*. Claimant: Jamil Abu-Hamdeh dba JMA Construction Co. Attorney: Address: 101 Park Ave. Walnut Creek, CA 94595 Amount: $420. 00 By delivery to clerk on Date Received: June 10, 1986 By mail, postmarked on June 8 , 1986 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: June 11, 1986 PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel Tb: Clerk a 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: t,;�_.. By: J2 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 (x) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of t7all;z der entered in its mlr gr f qNs date.Dated: 88 PHIL BATCHaAR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notioe was personally served or deposited in the mail to file a court action an 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 .lumediately. V. FROM: Clerk of the Board 10: (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. DATED: JULPHIL BATCHELOR, Clerk, By . �Z(/ , Deputy Clerk cc: County Administrator (2) County Counsel (1) 67,;1,AIM 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 911, Martinez, 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 TAMIL /4)?v-)iAMDUH cubo- ) RECEIVED Against the COUNTY OF CONTRA COSTA) JUN ,o 1986 or D FytC DEpT- DISTRICT) (Fill i n name) ) PHIL 0trCHELOR ER TRATP R ORS The undersigned claimant hereby makes claim ag $ " ' -on Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) �-�� /9 �' �- 9� c ter► n f. z p. M. 2. Where did�the damage or injury occur? (Include city and county) /ZC--Nrw0 - p CT/tzoJTla CoU -47- ` ---------------------------------------------------------------- d 3. How did the amage or injury occur? (Give full details, use extra sheets if required) �✓.4 s D/2- l v /\Ic (7,47'H�` M���� s TlL�`c t, Fizz �` ^^sJC-p MC ori �1'/'�� � TC- .3 ► � E- �} sMgCc s 7-0,,/� v D e/Z 3 _r' L� �+ - ---------------------------------------------------------- 4-.---What----particular----- act or omission on the part of county or district officers , servants or employees caused the injury or damage? -'lc- v C- Y, t AL C O I= (over) 5% -That are the names of county or district officers,.•servants=or- ;• employees causing the damage or injury? CY� G✓/ T/-f c EW C- Lo/'�z ---- -- - --- - --- - - �� --- -- -------- - -------- --- - ------ ------- ---- - - ------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) T�1Zaf�c`� 1,/iN9sHIELD A,,4D T//m & ------------------------------------------------------------------------- ?. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) O_ C Lf}Js /Z /'L A LC` I-A J,/ / az o /MC T oN GLASS IzCPL/0 ccMCL, � DLtI� � TIM /oo ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury. DATE ITEM AMOUNT i c 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 --\�/4A - laimant' s Signature /d/ /-I9/ZIJ- A VC- Address L✓.�}L /'ly T c/2 Telephone No. Telephone No. ************************************************************************** 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. " G. ROSE & SONS - 230 Chestnut Street JOB WORK ORDER Brentwood, California 94513 DATED O DER (415) 634-5609 '�?— :Er CUSTOMER'S ORDER NO. PHONE ARTING ATE BILL ORDER TAKEN BY ADD SS ❑ DAY WORK CITY ❑ CONTRACT ❑ EXTRA .. JOB NAME NWLO� T 1 DESCRIPTIO OF WR JOB PHONE O TOTAL MATERIALS TOTAL LABOR AS TAX DATE j COMPLETED R ORDERED BY .� TOTAL AMOUNT $ 1 he acknowledge the satisfactor com letion of the abo escribe ❑No one home C]Total amount due ❑Total billing t for above work or be mailed when job finished Signature .DAYS Any portion of theprevious balance remaining unpaid 30 days after the end of the month follow- ing purchase will be subject to a finance charge of 1 and one-half percent. (18 percent per annum). CONTRA COSTA COUNTY TO Jamil Attu-hamdeh DATE— 14 , 1986 Administrator' s Claim Form FROM SUBJECT The enclosed form is provided for your convenience in filing a claim for auto damage. Please return your claim to the office of the Clerk of the Board of supervisors for processing. SIGN -- PLEASE REPLY HER / S T/`/�T It Q2 =-/C{` DATE— TO CC) S 1986 i SIGNED ''L inn� � INSTRUCTIONS-FILL IN TOP PORTION,REMOVE DUPLICATE,YELLOW!AND FORWARD REMAINING PARTS WITH CARBONS. TO REPLY, FILL IN LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE!PINK AND RETURN ORIGINAL. FORMIA103 (:P)s JUN Q 9 19$� or or N MaicooRiz c� nezC " ALM Claim ApIrst the County, or bistriet (2+ 20 Q.LaIWR July 8, 1986 govwasd by the Dowd of Supervisors, geooP! cu ed to ion Is wowclouting �dorsemeaets, and Board eotioe of the aotian W= m your Main by tet Action. All Section refer W" we go&M of fter+isors Vwdra* M bdw)• to California Oovenumt codes given PRVUant to Government Code SWUM 643 ace 315.6• rim" Do" all • Claimants Linda Lind Hagman ,. Attormys Willard E. Stone 1211 Newell Ave. , Ste. 124 Addr nt Walnut Creek, CA 94596 hand delivered tents $500- 000- 00 By dellvw7 to clerk ®�• June 5 , 1986 Date Deceived, June 5 , 1986 By sail, postrsarlad o0 --Mork of SUpeRIMM Vot 7 Attaebed is a copy of the above-noted claim. ftteds June 9 , 1986 p. MT MA9 Clarks S9 : county emmil TD: (Check only am) (,X) This claim compiles substantially with Sections 910 sod 110.2. ( ) !his claim ?A= to oomply substantially with Sections I10 and IM0.2, 101d ws segs so notifying claimant. The Board oannot act for 15 days (Section 1110.0. ( ) Male is not timely filed. Clerk should return claim on gmxmd that it was t1b d late and send warning of claimant's right to apply for leave to present a late claim (Section 411.3). t ) Others Oated: 77, 7 77r By: puty ty MURMn Clerk of the Board 30s (1) LVbunty Counsel, (2) County Administrator r ( ) Main was returned as wntizely with notice to claimant (.Section O1.3). V. IABD M 1? By u wdwm Ate of Supervisors present (A This claim is rejected in !till. ( ) Others y Ust this Is a true correct Cop7,c� 's ao is s�i for this date. .�Dated: JUL !HIL UTOMLM, Clerk. f y • !!ELY CZeak VAN= (Gov. Code Section 943) Subject to certain eaoepti ns, you have Daly six (6) I=ths Etta the at or tais ootioe was pee*socsally served or deposited in the mail to file a Wort aotico c4 this claim. Sea 6ovw mesa Code S.aticw 365.6. You ry Seek the sdviot of an attorwty of yo' ohoiot in ouaseticn Lith this Utter, If you want to consult sn attorney, you Should do so immediately. •. nM& Mark of the Board Is CO County mel g (2) County Aftinittrator Attaebed are copies of the above claim. We notified the claimant oa the !!card's action an this claim by sailing a copy of this document, and a simo thereof has been filed Md andorted on the Board's copy of this Claim in a000rdanoe with Section 29703. ( ) • !�!it38 At AdAINOWS right to apply fW leave peysent a lite claim 910 wiled bATlcs 19 tmNATOELOR, Mork, Symc;(A 901Put7 Clerk ,CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CONnq9WRVapplicationto: Instructions to ClaimantC'erk of the Board �6,il'„ e Ski A1106 Mlrtinez,Cal ifomia94553 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, 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 )Reserve ,or Ftr !s fi ing stamps LINDA LIND HAGMAN ) Conservator of JAMES LEA HAGp, RECEIVED Against the COUNTY OF CONTRA COSTA) JUN-� 1986 3,oto P w%. or DISTRICT) PHI SATCNEIo. Fill in name tE.K a MJF$SJPE21-C.. ) C fik kM COSH ,C C `� De :•tr The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 5002000. 00 and in support of this claim represents as follows: 1. When did the damage or injury-occur? --------------- exact and h;UT May 3, 1986 at approximately 6 : 50 p.m. Where did the damage or injury occur? (Include city and county) On Marsh Creek Road, 1. 4 miles west of Deer Valley Road, an unincorporated area of Contra Costa County r---------------------- T--------------- 3. Iiow did the damage or in uryyoccur? (Give full details use extra sheets if required) As Mr. Hagman made a turn on Marsh Creek on a motorcycle, he went off of the roadway onto the gravel shoulder where his motorcycle foot peg struck a utility pole causing the motorcycle to flip over, injuring Mr. Hagman severely. 4. What particular act or omission on the part of-county or-district officers, servants or employees caused the injury or damage? The placement of the utility pole was so close to the roadwav so as to constitute a danger and hazard to' motorists and motor- cyclists travelling said road and making the left turn in a west bound direction (over) ,' 5, Jlhat•,,are the names of county or district officers, servants or'- employees causing the damage or injury? Unknown at this time -------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates €c,-- Rv+sn damage) Mr. Hagman suffers from massive brain injury including brain contusion, basilar skull fracture and brain stem damage. He has been in a coma since the date of the accident . ---------------------------------------------------•---------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Unknown at this time ----------------------------- -----------------------------------y------ 8. Names and addresses of witnesses, doctors and hospitals. Doctor Dr. Glenn Lee M.D. Witnesses Robert & Holl Sutton Kaiser Hospital 1825 Manzanita Dr. 1425 Main St Concord, CA. 94519 Walnut Creek, CA. 94596 9. ls�t •t�he....expenditures you made on account of this accident or in3ury: i DATE° ITEM AMOUNT May-.,S,786 t • Delta Memorial Hospital un nown May 3 , 1986, Emergency Medical Care to May14, 1986 John Muir Hospital unknown Medical Care May 14 , -. 1986 ongoing ! Kaiser Hospital Medical Care unknown J Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or/-byiso/me s i eron his behalf. " Name and Address of Attorney �� 0 WILLARD E. STONE Claimant s Si nature Santa Lucia -r3 1211 Newell Ave , Suite 124 Address ve Walnut Creek, CA. 94596 Pleasant_Hill, CA. 94523 Telephone No. (415) 935-1711 Telephone No. (415) 686-2711 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. " .- aAIM BOARD OF SUPERVISORS OF C3M OOSTA MUM 9 CALIP+O mIA -- - eoARD acrzoN Claim Against the County, or District ) NOTICE TO CLAD4W July 8 , 1986 governed by the Board of Supervisors, ) The copy s t led 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 wMarni%%ft1 Claimant: Linda Lenoir Attorney: Vivian V. Hammill JUN 12 1986 Hammi l l & Wolf CA 41" Address: 414 Gough Street Ivy. -Court, Ste . #4 delivery to clerk on Amount: San Francisco, CA 94102 BY ry $75 , 000. 00 Date Received: June 12, 1986 By mail, postmarked on June 11 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: June 12 , 1986 PHIL BATCHELOR, Clerk, By ODeputy II. FROM: County Counsel 70: Clerk o ' 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: By: puty County Counsel III. Obi: Clerk of the Board TO: (1) Co ty 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 90 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 minutes for this date. Dated: JUL B 14AR PHIL BATCHELOR. Clerk, By �`�'�Q�� , Deputy Clerk WARNING (Gov. Code Section 913) Subject to oertain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a oourt action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in oonnection with this matter. If you want to consult an attorney, you should do so immediately. V. FRM: 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 DATED:toAaimTf98s PHIL BAMMOR, Clerk, By • �/ �._� , Deputy Clerk ce: County Administrator (2) County Counsel (1) LAW OFFICES OF HAMMILL & WOLF • GIRL WOLF IVY COURT, SUITE 4 VIVIAN V. HAMMILL _ 414 GOUGH STREET PHILLIP R. MILLER SAN FRANCISCO, CALIFORNIA 94102 ' (415) 621-39.66 June 10, 1986 Clerk Board of Supervisors 651 Pine Street, Room 106 Martinez , California 94553 RE: Claim of Linda Lenoir a ainst Contra Costa County. Dear Clerk : Enclosed is our original claim against the County of Contra Costa , and two copies . Please file this claim and return conformed copies to this office in the enclosed , self- addressed envelope . Thank you very much for your attention to this, matter . Very truly yours , LAW OFFICES OF HAMMILL AND WOLF PHILLIP R. MILLER Enclosures f CLAIM AGAINST THE = COUNTY OF CONTRA COSTA CLAIMANTS' NAME: Linda Lenoir 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: 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 reputa- tation 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 HOW INCIDENT OCCURRED: Ms . Lenoir was fired by her supervisor . ITEMIZATION OF CLAIM: Damages are ongoing . DATED: V VIVIAN V. HAMMILL, ESQ. On behalf of LINDA LENOIR RECEIVED JUN IaI965 PHIL bATC,4ELOR ( LERKRD RAC; EAC VI$0 By .. JUN 0 91986 a" BOARD w sDPERVISORS OF cUITU c=A Comm, cALmAMM 4A WWO BOARD ACTION Claim Against the County, or bistrict ) NOMCE TO q AIKW July 8 , 1986. ` governed by the Board of Supervisors., The copys t led to you is your Routing Endorsements, and Board ) notice of the action talo 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 uWarnings". Claimant: Pacific Bell Security Attorney: Address: 1155 Market St. , Ste. 300 San Francisco, CA 94103-1566 = Amount: $500. 00 estimated By delivery to clerk on Date Received: June 5 , 1986 By mail postmarked on June 3 , 1986 Cert .4P 018 078 318 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: June 9, 1986 PHIL BATCHELOR, Clerk, By Deputy KrAkfes II. FROM: County Counsel TO: ler f 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: A99By: putt' County Counsel III. FR 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 ( This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy oft Board's Order entered in its mins f this date. Dated: i9 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 leave to present a late claim was mailed •tog�aimant. DATED U 9,99 PHIL BATCHELOR, Clerk, ByKz� , Deputy Clerk ce: County Administrator (2) County Counsel (1) t rr.ATM xt Y :{ PACIFId""'BELL F,FaG'?LC TQIN n.e.CL)rtlna:ty June 2 , 1986 Case No . : 68646-211 Contra Costa County Department of Public Works 651 Pine Street Martinez, CA 94553 Gentlemen: We are sending you the attached claim notice pursuant to Section 910 of the Government Code. Very truly yours, I AAI�TIN ARE CLAIMS MANAGER Attachments cc : D. J . McGee RECEIVED JUN1986 PHIL BAT MELOR 1}PERYISOR ERK813RA'STAC0. q i 4 ., CLAIM AGAINST THE COUNTY OF: CONTRA COSTA Pacific Bell presents a claim for damages against the County of Contra Costa as provided in Government Code Section 900 et . seq. Claimant ' s Address : Pacific Bell Security 1155 Market Street, Suite 300 San Francisco, CA 94103-1566 Date of Occurrence: May 14, 1986 Location: Lone Tree Way, 300 ' east of Deervall, Antioch Circumstances Causing Claim: Department of Public Works digging with auger to replace a road sign damaged a 50 pair cable. Description and Itemization of Damage: 50 pair cable Estimated Amount of Claim: *(NOTE: This is an estimated amount. Final actual cost billing will be presented when all charges are determined. ) $500.00 Date of Claim: June 2, 1986 Pacific Bell Claim Number : 6B646-211 H. J MARTIN ]DECEIVED E CLAIMS MANAGER „-1 JUN b 1985 PHIL BATCHELOR CLE ARDFFUPERVISMS TA CO. a CLAIM " BOARD OF SUPERVISORS OF 03M COSTA COUNTY, CALnUMA BOARD ACTION Claim Against the County, or District ) woncE TO CLAIMANT July 8, 1986 governed by the Hoard of Supervisors, ) The copy of this octet Wled 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 Iii, below), to California Government Codes ) given pursuant to Goverrment Code Section 913 and 915.4. Please note all *Ware" �` Claimant: Marina Lounge et al CM Attorney: Kathleen Umrien JUN 12 2986 Hyde & Drath Address: 650 California St . , Ste . 2600 ABTbrm ch ow San Francisco , CA 94108 Amount: $1, 000, 000. 00 By delivery to clerk on Date Received: June 9 , 1986 By mail, postmarked on June 6 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: June 11, 19 8 6 PHIL BATCHELOR, Clerk, By KDeputy a Les II. FROM: County Counsel TO: Cler f the Hoard 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: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator- Maim dministratorClaim 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 Board's Order entered in its mins f�r,�995 date. Dated: JU1. ��t�suu amu, 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 botice 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 o ent a late claim Was mailed to claimant. DATED: JUL q 1gRR PHIL BATCHELOR, Clerk, By , Deputy Clerk , cc: County Administrator (2) County Counsel (1) 0 THOMAS"F. HYDE • LAW OFFICES OF JOHN M.DRATI"• HYDE & DEATH YF_FFREY C.SMJTH LORI 6. FELDMAN SUITE 2600 _ JAMES C.CONNELLY 650 CALIFORNIA STREET - TELEPHONE b0NALO J.SMITH SAN FRANCISCO. CALIFO$NIA 94108 (41S) 392-0215 •PROFESSIONAL CORPORATION June 6 , 1986 s Clerk of the Board P .O. Box 911 Martinez , CA 94553 RE: MAUREEN GREERTY v. MAIN STREET TAVERN, et al. • Case No. 279358 ENCLOSED 'HEREWITH ARE THE FOLLOWING: CLAIM AGAINST CONTRA COSTA COUNTY FOR THE PURPOSE REQUESTED BELOW: Please sign and return to us in the envelope provided. Please keep for your records XX Please fie original and return endorsed, filed copies to us in the envelope provided. Please certify and return certified copies in the envelope provided. Please issue original summons and return to us in the envelope provided. Please review the enclosed and contact us. Please procure signature of the court, file original and return endorsed, filed copies -o us in the envelope provided. Please record and return to us in the envelope provided. Please set for hearing on Enclosed is check no: in the amount of $ to cover fee, please return receipt in the envelope provided. Very truly yours, n HYDE & DRATH Enclosures /cll CLAIM TO: BOARD OF SUPERVISORS OF cUNTM cLJRit&,Drr ri Fapplication to: Instructions to ClaimantC'.erk of the Board .O.Box 911 ' Martinez,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 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 , 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 The Marina Lounge; Phyllis)Reserved fo Clerk's filing stamps Pigeon aka Phyllis Brooks; Donald ) ' RECEIVED Brocca; Dorlinda Brocca ) Against the COUNTY OF CONTRA COSTA) JUN 9 1986 PHIL 9A"HELORor DISTRICT) EAK AAoFit ln name ) CTAA sr The undersigned claimant hereby makes claim against the CcQty of Contra Costa or the above-named District in the sum of $ 1 ,000 ,000 .00 for indemnity and in support of this claim represents as follows: ------------------------------------------- ---------------------- date and hour - ---- 1. When did the damage or injury occur? (Give exact November 18 , 1984 - 1600-1900 Hours �. -ti:here did the ---r 3n3u_ry occur?-- (Ircl»de-city end co+intyl---- Contra Costa County Jail ----- - - - - ------------------ 3 - ------- ----- . H-ow--d-id--the----damage--- -or injury occur? (Give full details, use extra sheets if required) Injury to Maureen Greerty aka Baker ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Unknown (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? R. Shephard; Sgt. Squire , Contra Costa County Sheriff ' s . Department 6. What damage or injuries coo you claim resu�te�? ZG�ve full extent of injuries or damages claimed. Attach two estimates for auto damage) Unknown ----------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) See attached complaint which is incorporated by reference ------------- 8. Names and addresses of witnesses, doctors and hospitals. Unknown �. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Unknown 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 KATHLEEN UMRIEN, ESQ. Claimant' s Si nat HYDE & DRATH g 650 California Street, Suite 2600 KATHLEEN UMRIEN for Defendants Address San Francisco, CA 94108 same Telephone No. (415) 392-0215 Telephone No. same NOTICE Section 72 of the Penal Code provides: "£very person who, with intent to defraud, presents forallowance 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. " 3 1 ROBERT E. SHELDON -DEBRA E. KEYSON 2 SHELDON, MANKIN, DAWSON 6 GREENFIELD Creekside Oaks Office Park 1460 Maria Lane, Suite 320 U `' 3 Walnut Creek, California 94596 t� 0 � Telephone: (415 ) 4 .!.R. OLSSON' CO; n- Attorneys for Plaintiff CO,\'TnA cC;�;. Clerk MAUREEN GREERTY C� — `' J 5 NTY 6 S. COrJ)O A. pep ty 7 g SUPERIOR COURT FOR THE STATE OF CALIFORNIA p IN AND FOR THE COUNTY OF CONTRA COSTA w U. 10 Uj MAUREEN GREERTY, - ) CASE_'NO. ce . 11 ) s V Plaintiff, ) COMPLAINT FOR DAMAGES ca • ; Ns 12 ) V. ) 0 ° : t 13 ) ° e 4 3 14 MAIN STREET TAVERN, aka ) c x = S THE MARINA LOUNGE; PHYLLIS ) Lj s < ,� PIGEON, aka PHYLLIS BROOKS; ) z ° o i r�i 15 DONALD BROCCA; DORLINDA ) �[ S o u 16 BROCCA, and DOES I ) a S ; through XX, inclusive, ) 17 Defendants . ) O 18 ) i 19 Plaintiff alleges: r= ` w 20 GENERAL ALLEGATIONS 21 1 . Plaintiff is informed and believes and ,thereon 22 alleges that defendants PHYLLIS PIGEON , aka PHYLLIS BROOKS , 23 DONALD BROCCA and DORLINDA BROCCA, are and at all times here- 24 in mentioned were residents of Contra Costa County , California. 25 2 . Defendant MAIN STREET TAVERN , aka THE MARINA 26 27 LOUNGE, is and at-All times herein mentioned was a bar locat- 28 ed in the City 19f _`Martinez , Contra Costa County, California . 1 The capacity defendant MAIN STREET TAVERN, aka THE MARINA 2 LOUNGE, whether corporate or otherwise, is unknown to plaia- 3 tiff at this time and plaintiff will seek leav-e-of- court to,---- 4 amend this complaint when said capacity is ascertained. 5 3 . Plaintiff is informed and believes that defen- 6 dants PHYLLIS PIGEON , aka PHYLLIS BROOKS, DONALD BROCCA, 7 DORLINDA BROCCA and DOES I through X are and at all times 8 mentioned herein were the owners of MAIN STREET TAVERN, aka THE MARINA LOUNGE. u 10 4 • Plaintiff is ignorant of the true names and 3 Z Al o 11 cap--' 'ac of defendants sued herein as DOES I-XX, inclusive; -- " i12 and therefore sues these defendants by such fictitious names. Z 'W" i Plaintiff will amend this complaint to allege their true 13 o c 7' names and capacities when ascertained. Plaintiff is informed < o � : 7' 14 z 15< and believes , and thereon alleges , that each of the f icti- e ac ? wc u 16 tiously named defendants is responsible in. some manner for . Z ; ►. = the occurrences herein alleged, and that plaintiff' s damages s 17 18 as herein alleged were proximately caused by their conduct . 19 5 . Defendants at all times herein mentioned= were ` 20 the agents and employees of their do-defendants and in=-doing 21 the things hereinafter alleged were acting within the .course 22 and scope of such agency and the permission and consent of 23 their do-defendants . 24 FIRST CAUSE OF ACTION 25 (Negligence) 26 6 . Plaintiff incorporates Paragraphs 1 - 5 by 27 reference herein . 28 7 . On or about November 18, 1984, plaintiff was a 2 . 1 patron at Defendants' bar , MAIN STREET TAVERN, aka THE MARINA 2 LOUNGE located at Martinez, California . 3 - S. At said -time and place defendants , and each of 4 them, negligently owned , maintained, controlled, managed and 5 operated said bar . Defendant PHYLLIS PIGEON, aka PHYLLIS 6 BROOKS, one of the owners of said bar , negligently struck the 7 plaintiff and knocked her over, causing plaintiff to fall and 8 to proximately cause the injuries and damages described below. UJ `L10 9 • As a proximate result of the negligence of Z d e 11 defendants, and each of them, plaintiff suffered a broken hip O e12 as well as other injuries and was hurt and injured in her W 7- 1 c 13 health , strength , and activity , sustaining injury to her c � � ► M < � � _ 14 nervous system and person , all of which injuries have caused o Q o i S . Z c < 3 15 and continue to cause plaintiff great mental , physical , and %tS u 16 nervous pain and suffering . Plaintiff is informed and ZZ 16 < ° < 17 believes, and thereon alleges, that such injuries will result z0 18 in some permanent disability to her . As a result of such 0 19 injuries , plaintiff has suffered general damages in an amount 20 according to proof. 21 10 . As. a further proximate result of the negligence 22 of defendants . and each of them, plaintiff has incurred , and will continue to incur , medical and related expenses in an 23 24 amount according to proof . 25 11 . As a further proximate result of the negligence 26 of defendants and each of them, plaintiff was prevented from �� attending to her usual occupation and thereby lost. earnings ,28 in an amount according to proof . Plaintiff is informed and believes , and thereon alleges , that she will thereby be 1 2 prevented from attending to her usual occupation for a period 3 in the future which she cannot now ascertain , and will there- 4 by sustain further loss of earnings . Plaintiff will ask 5 leave of court to amend this complaint to set out the exact 6 amount of such additional damages when the same is ascer- 7 tained. 8 WHEREFORE , plaintiff prays judgment as hereinafter 9 set forth. - SECOND CAUSE OF ACTION 10 11 (Assault and,-Battery - t � s 12 . Plaintiff incorporates Paragraphs 1 - 5 by ► • � Ni 12 • o W' = 13 reference herein. lib 0 C o 0: 14 13 • On or about November 18, 1984 , plaintiff was a ; 25 patron of defendants' bar , MAIN STREET TAVERN, aka -'HE MARINA I W11b O a W Y ° 16 LOUNGE located at Martinez, California. ` Z , +� • •- ° fZ 14 . On said date at said place , defendant PHYLLIS 17 0 18 PIGEON , aka PHYLLIS BROOKS approached plaintiff and with the 19 permission and consent of the co-defendants assaulted and n 20 battered plaintiff by violently striking plaintiff and knock- 21 ing her over , causing plaintiff to fall and to proximately 22 cause the injuries and damages described below. 23 15 . By reason of the wrongful and malicious acts of 24 defendants , plaintiff suffered a broken hip as well as other 25 injuries and ws hurt and injured in her health , strength and 26 activity . Plaintiff is informed and believes , and thereon 27 alleges , that such injuries will result in some permanent 28 disability to her . As a result of such injuries, plaintiff 4 / 4 1 has suffered general damages in an amount according to proof . 2 16. As a further result of the wrongful and mali-, 3 cious acts of defendants , plaintiff has incurred , and wiI2--- 4 continue to incur, medical and related expenses in an amount 5 according to proof . Plaintiff will request leave to amend 6 this complaint so as to set forth the various charges and 7 expenses . 8 17 . By reason of the acts of defendants as afore- mentioned, plaintiff was placed in great fear for her life 10 and. physical well being. 11 18 . By reason of the virongfui an-3" maTicious acts . of ° Z 12 defendants and of the fright caused plaintiff , plaintiff has ` ; Y w = suffered extreme and severe mental anguish and physical pain : `0 13 0 14 and has been injured in mind and body , all to plaintiff ' s 3 damage in an amount according to proof . Z 2 i 16 19 . As a further proximate result of the negligence " < of defendants , and each of them, plaintiff was prevented from 17 O18 attending to her usual occupation and thereby lost earni-ngs Ui 19 in an amount according to proof . Plaintiff is informed ..and 20 believes , and thereon alleges , that she will thereby be 21 prevented from attending to her usual occupation for a period 22 in the future, which she cannot now ascertain , and will there- 23 by sustain further loss of earnings . Plaintiff will ask 24 leave of court to amend this complaint to set out the exact 25 amount of such additional damages when the same is ascer- 26 tained. 27 20 . The aforementioned acts of defendant were will- 28 ful, wanton, malicious and oppressive and justify the award- 5 1 ing of exemplary and punitive damages in the amount of 2 $1 ,000 ,000 .00 . - WAEREP'ORS,—plaintiff prays- judgment as follows : 3 4 1 . For general damages according to proof; 5 2 . For medical and related expenses according to 6 proof; 7 3 . For lost earnings , past and future according to 8 proof; 4 . For exemplary and punitive damages in the sum a 10 of $1 ,000 ,000 .00; [ F • 11 5 • or costs of suit incurred -h6reinf`; and- s . o s 12 6• For such other and further relief as the court . « may deem proper . C •_ '' 14 Dated: November , 1985 . .It SHELDON, MANRIN, DAWSON Z o 15 GREENFIELD 1 ! � Z , « o u 16 0 F V - 17 By: 18 ROBERT E. LDON -- Attorney for Plaintiff J LU 19 X 20 21 22 23 24 25 26 27 2g 6 RIS U 9Mw V-- or CBM Own Q=f i MOM sm Msis the Comity• � � W July 8, 1986 govermod by the Hoard of Supervisors, � am ��.�.a to !s Your Routing obit sesMts, and ww-d notice od the actino tafara m your by the Action. All Section refwW10 a are Boardof Supervisoro r• bda)• to califorma Government Codes �iveo pursuant to Goverment Code Section 913 and 915A. Please cote all OVARAWO Claiss is Michael Jose Odll* Cum Att rMs James G. Mellen JUN O 51986 4101 MacDonald Ave. , Ste. A Address Richmond, CA 94805 Varku chair ♦� . its $500, 000. 00+ SY Oeli� to clerk on — Received: �ye!' j• postmarioed an June 4, 198 6 • June 4, 1985 r #� P 597 3 • —Me—r-k—d the §RFd of 9pe sous 701 ORRY Maio Attached is a copy of the OOVO-noted o2010. U. A,--�, I��A A'��U MPOY fated: June 5, 1986 !Fill. UTOMM, Mark, Dy --L-Athy es It = y : ark cors (Check only am) (�() TLis claim oamplim substantially with Sections 910 and 310.2. ( This claim FAII.S to comply substantially with Sections 310 and IM0.29 and we ars so notifying claimant. The Hoard Cannot act for 15 days (Section IAO.d). ( Maim is not timely filed. Clerk should return claim an ground that it tits tiled late and sena warniof claimant's right to apply for leave to present a lata claim (Section 911.3). ( Others Gated: BY: DePAY Ly MaNa in. f6t gerk of the 30ard 70: CO Canty Counsel, (2) County Administrator t ( ' Main was returned as uitisely with notice to Claimant (Section 311.3). IY. MM SFR my u:animaa vote of 30e1-risars P"Ont (K) !leis Claim is rejeeted in full. f Others ourtify-that this in a true EO correct copy Hoamts OF37W ea is Sings for this date. Dated: JUL 8 1APIZ !HIL VATOMLOR 9 Mw*j, By --� • HaputT Mark VA MM (con. Code Section 913) 90ject to certain esoeptioos, you Can only sit (6) months from the date or lois notice w personally served or deposited in the mail to file a court action on thio claim. See Goves=ent Code section 915.6. Tau may seek the advice Cf an attormey of yo%r Choioe in ooanection with this Latter. If you want to nonsuit an attorTey, you should do so Iw diately. •. nma Clerk Cf the Board IN (1) Owmty Cowl• CO County Administrator •tt dbed ars capias of the above claim. We notified the claimant of the HoaMos action on this Claim by sailing a copy Cf this *Mnwtq and a sego Um-eof has Oran filed and Ondoraed on the Board's oapy of this Claim in With Section 29703. t A wining Of,,Alamant•s r ght to apply ibr leave t a late claim tics mziled MATED:**j*9� Pts PFIII,, NVOMAOR, Clarks By • � . Deputy Merk A + a' RECEIVED JUN q ',98 CLAIM Plitt.BAT EIOR t ERK ROA CFMPIRVISOR& TO: CLERK OF THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA 94553 The undersigned hereby presents the following claim against the County of Contra Costa in accord with the provisions of Government Code Section 910. 1 . Name and address of. claimant : Michael Jose 1020 Miner Avenue San Pablo, CA 94806 Telephone: (415 ) 236-5675 2. Mailing address to send response: c/o James G. Mellen Attorney at Law 4101 Macdonald Ave. , Suite A Richmond, CA 94805 Telephone: (415 ) 232-1044 3. Date of Incident: February 25, 1986 Time of Incident: At or. about 4 p.m. Location/Incident: Merrithew Hospital, Martinez, CA 4. Description of Incident : Michael Jose' s father , Henry Jose, was admitted to Merrithew Hospital on February 25 , 1986. Doctors determined that Henry Jose required urgent care. He was to remain in the Hospital or be admitted to a nursing home. Eligibility workers at the Hospital were to arrange placement in a nursing home. Instead, the doctors and the eligibility workers negligently discharged Mr. Jose without providing the necessary care. He died six days later_. 5. All attendant wrongful death survivor' s injury claims. 6. The dollar amount of the injuries suffered exceed $500, 000. Signed: �.� Dated: June 3, 1986. JA14ES G. MELLEN Att-forney for Michael Jose i ���ppt}T��+ �pe M� Imo► /��T T1RT� BOARD OF SUPERVISORS OF M'++�• COMA WIJiM MMUNIA BDARD ACTION Claim Against the County, or bietrict ) NOTICE 70 C,ADUNT July 8 , 1986 " governed by the Board of Supervisors, ) The copy s t M110d to you !s your Routing Zndorsementa, and Board ) notioe of the action taken on your alaim by the Action. All Section references are ) Board of SuPOrVisora (Paragraph IV, below), to California Government Codes ) given pursuant to Govermsent Code Section 913 and 915.4. Please note an wMarnings". Claimant: Martha G. Buckley c4u* Couftsel Attorney: JUN 12 1996 Address: 103 Metairie Place alavbneu,WW% San Ramon, CA 94583 Amount: $10,000, 000. 00 By delivery to clerk on Date Received: June 10, 1986 By mail, postmarked on June 9, 1986 I. FROM: Clerk of the Hoard of Supervisors TO: Canty Counsel Attached is a copy of the above-noted claim. Dated: June 11 , 19 8 6 pHIL BATCHELOR, Clerk, By 0� Deputy ath ow es II. FROM: County Counsel 10: Cletk-4ff 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: _�1�-� " L, By: County Counsel III. FROM: Clerk of the Board 70: (1) Co6ty Counsel, (2) County Administrator ( ) Claim Was returned as untimely With notice to claimant (Section 911.3). IV. BDARD OMER By unanimous vote of Supervisors present This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of t F Board's Order entered in its mingq s for this date. y'V Dated: J 8 1 PHIL BATCHELOR, Clerk, By - , Deputy Clerk WARN= (Gov. Code Swticn 913) Subject to certain exceptions, you have only six (6) months from the date of this MUM 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 oarrmtion with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 10: (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 ent a late claim was mailed `` $ DATED:1AA! 6 PHIL BATCHELOR, Clerk, By • Deputy Clerk cc: County Administrator (2) County Counsel (1) If CLAIM TO: BOARD OF SUPERVISORS OF CONTRA C ` : ��' v QXapplication to: Instructions to ClaimantC!erk of the Board bOMMUNIM 1-65l" , e Svi.l W/o 0; Martinez,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 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, 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 Martha G. Buckley ) RECEIVED Against the COUNTY OF CONTRA COSTA) or DISTRICT) JUN I a t9E' Fill in name ) MIL SAT N OR LEA ARD O PER IS The undersigned claimant hereby makes claim agai a . . ra Costa or the above-named District in the sum of 1010001000.00 and in support of this claim represents as follows: --------------,-------------T-T---- -------------------- ----- --- -- -�-- --r] l. When did the damage or injury occur? (Give exact date and-hou 3-23-86 , 3-25-86 , 4-23-86 , 5-9-86 , 6-4-86. ------------------ city ------city and county) Martinez , California 3. How did the damage or injury occur? (Give full details, use extra sheets if required) See attached sheet. ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? See answers to No. 3 above. (over) 5. - What ,are the names of ccunty`'or district officers, servants or- employees causing the damage or injury? Judge Richard L. Patsey, Dennis R. Pedersen, Judge Gary E. Strankman. ----------------------------------------------------------- ------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Emotional distress and denial of Constitutional guarantees as set forth in Question No. 3. ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) This is the amount claimed for total damages including court fees and punitive damages. ------------------------------------------------------------------------- B. Names and addresses of witnesses, doctors and hospitals. Not applicable. 9. List the expenditures you made on account of this accident or injury: ,� . . .,_DATE ITEM AMOUNT 2-8-86 Filing fee for appeal to Superior Court $20.00 5-8=86 cling fee for Notice of Hearing �n Petition for Rehearing 14.00 4-17-86 Wages lost for Court appearance. 91 .68 ***#*****6**4**8*6********4 114E*lq*�o*!I�*�o*r**Co*,i*t**app****a*n 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 -ZI-daa& - h L �,ZL Claimant s Signa ur 103 Metairie Place Address San Ramon., CA 94583 Telephone No. Telephone No.(415 ) 828-1083 ************************************************************************** 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. " CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 3 . Several judges of the Contra Costa County Superior Court combined and conspired together to deny Martha G. Buckley her Constitutional guarantees of the right to a fair trial , due process, discovery, the right to have a record in which to appeal to a higher court from, and further intentionally with cold and callous disregard for the rights of Martha G. Buckley, intentionally inflicted emotional distress upon her. No. 705666 /104 FEB 16-0 1s16.361/1220 'Pay to the order of Walnut Creek-Danville Municipal Court $ 20.00 "0y" BANK OKW 0104 co -DOLLARS AMOUNT LIMITED TO$3 C( kLloyds Bank �� C California PURCHASE 'S SIGNATURE N >< The payment of this Instrument Is subject to Servi Charges LOS ANGELES,CALIFORNIA if not presented for payment within One Year from t •date hereof. lie 00 70 5.66611' ll: L 2'200 3 5 1611: 225911- 19302,10 78 1 Martha G. Buckley 103 Metairie Place 2 San Ramon, CA 94583 Tel : (415) 828-1083 3 Defendant and Appellant 4 In Propria Persona 5 6 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 IN AND FOR THE COUNTY OF CONTRA COSTA 8 9 MONTGOMERY WARD & CO. , INC. , ) 10 Plaintiff, ) 11 v. ) CASE NO. 283629 12 MARTHA G. BUCKLEY, ) MOTION REQUESTING DISCOVERY OF COMMUNICATIONS TAPES 13 Appellant. ) 14 15 On or about January 18 , 1986 at 6:15 a .m. , a process server 16 attempted to serve defendant herein. Defendant was not at home 17 and the process server for plaintiff called the San Ramon Police 18 Department, aka, the Contra Costa Sheriff 's Department, and 19 communicated false and perjured statements to said police 20 Department. 21 No service was ever effectuated on defendant herein and 22 defendant moves for discovery of the two calls to the San Ramon 23 Police Department by Montgomery Ward 's process server as follows: 24 January 18 , 1986 at approximately 6: 30 a.m. 25 January 18 , 1986 at approximately 10: 00 a.m. 26 DATED: , 1986 . Respectfully submitted, 27 / 28 Martha G. Buckley PROOF OFSER VICE BY MAIL(C. CP- 10I3a,2015.5j STA TE OF CALIFORNIA COUNTY OF............Contra Costa st David L. Butler I am a citizen of the United States and a resident of the county of Contra Cost a I am over the age of eighteen years and not a party to the within above entitled action;m� a address is: siden 115 Metairie Place, San Ramon, CA 94583 ................................................................................................................................................................................ .... ....................................................................................................................................................... ............................... On.........Mar ch 23 : 1986 Iserved the within. Motion Requesting Discovery ....................................... ................................. of Communications Tapes and Order. .......................................................................................................................................................................................... Plaintiff On the.......................................................... in said action, by placing a true copy thereof enclosed in a sealed envelope San Ramon, CA 94583 with postage thereon fully prepaid, in the United States post office nail box at..................................r............................ addressed as follows: Montgomery Ward . & Co. , Inc. 300 Bayfair Mail San Leandro, CA 94578 David L Butler „ 1. ........................... .............. .... . .. ..... .. .......................... , certify(or declare),under penalty of pe7+uyr . ..... .. . .. ..... ...... . (name must be typed or printed) that the foregoing is true and correct. Executed on.,....March...23, 1986.................. at..................San Ramon.,....................................,California ...... " (date) (Place) .......... ......... ...................................... Signature •Proof of service by mail forms,being signed under penalty of perjury,do not require notarization. Th OYGwnym n—v•pnUI IQIM..nan MAY W wolil Iw ui in f.ntpi UdoiLUorH and.n no ray KU,w q Intended to KI.M•WfHuwi I IM NhKo of M ottolriy The prwgfi,Moet not Mit"any«..Ianlr ertlil Pprou w.mpheo AS Io IPo Ipel.Ntolly of"CronNon w IM&At&& 1Ny of Nim fanN In any 1petdtt ii,#nwtlon Cowdery':Form No. 1045-Proof of Service by Mail(California Action) D 2 1. R. US50N, County Clerk CON CO�ScTwA COUNTY 3 By 4 5 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 6 IN AND FOR THE COUNTY OF CONTRA COSTA 7 8 MONTGOMERY WARD & CO. , INC. , 9 Plaintiff , 10 vs. No. 263 ,629 11 MARTHA G. BUCKLEY, ORDER DENYING EX PARTE MOTION RE DISCOVERY 12 Appellant . 13 14 The Court has read and considered Appellant ' s ex 15 parte motion for discovery in the above matter. The motion 16 does not comply with Rule 379 as an ex parte motion . Further , 17 the motion is defective in that the Court will not grant such 18 an order without a hearing. Accordingly, Appellant must file 19 a motion for a properly noticed hearing. 20 c 21 DATED: 22 23 L� (/ 24 RICHARD L. PATSEY Judge of the Superior Court 25 26 27 28 GARY E. STRANKMAN P1TQT OR Co JUDGE Afilf f of OWtfis DEPARTMENT 5 lutalluY CONTRA COUNTY OF CONTRA COSTA COURTHOUSE �QJ�.�.• ,� MARTINEZ.CALIFORNIA 94553 f � April 9 , 1986 MS . MARTHA G. BUCKLEY . 103 Metairie Place San Ramon, CA 94583 Re: Case #283629 Dear Ms. Buckley: Pursuant to your request , I have examined the file and the motions that you have made. I do not believe that any of the judges who have handled your matter have acted in an improper or illegal fashion. I am returning your papers to you so that you may take whatever action you deem to be appropriate. Very truly yours , (:);,? '�- 'Viz'— GAR . STRANKMAN P siding Judge uperior Court GES •bw cc: Judge Patsey SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA Action No. 283 ,629 CERTIFICATE OF MAILING I, the undersigned, certify under penalty of perjury that I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to the within action; that my business address is Court House, Martinez, California; that I served the attached Notice, Order or Paper by causing to be placed a true copy thereof in an envelope addressed to the parties or attorneys for the parties, as shown below', which envelope was then sealed and postage fully prepaid thereon, and thereafter was deposited in the United States Mail at Martinez, California, on date shown below; that there Is delivery service by the United States Mail between the place of mailing and the place so addressed. Martha G. Buckley 103 Metairie Place San Ramon , CA 94583 Montgomery Ward & Co. , Inc. 300 Bayfair Mall San Leandro , CA 94578 I declare under penalty of perjury that the foregoing is true and correct. Executed at Martinez, .California, on JAMES R. OLSSON, COUNTY CLERK BY DEPUTY .'1l�T]TTTTAlt TL^ NLS uTT T*1/ 103 Metairie Place San Ramon , CA 94583 April 5 , 1986 Judge Gary Strankman Presiding Judge of the Superior Court P.O. Box ' 911 Martinez , CA 94553 RE: Case No. 283629 Dear Judge Strankman : In the above captioned case , I filed a Motion for Discovery with the Court below, that being the Walnut Creek Municipal Court . Although the Motion was filed in a timely manner, that Court refused to grant the Motion and stated that I must file with the ' Superior Court . I filed a Motion requesting discovery of the police communication tapes with the County Clerk who initially refused to submit my Motion and Order to a Judge and then when I wrote him and complained of his actions toward me Judge Patsey arbitrarily denied the Motion , ruling that it was an Ex Parte Motion for discovery and exhibited the contempt that the Judges in Martinez seem to hold for citizens who are without counsel . Judge Patsey ruled that he would not grant such an Order without a hearing , but in exactly the same cir- cumstances Judge Fannin granted an Ex Parte Order for extension of time for Farmers Insurance Company to file an answer to our complaint against Farmers in the Superior Court , County of Contra Costa , Case No. 274080, filed July 2 , 1985 . My husband and I complained to Judge Spellberg who treated us with contempt. Judge Fannin, had no explanation why he granted the Ex Parte Motion without a hearing and notice. Now, in exactly the same circumstances , I am being treated with contempt by the County Clerk and by Judge Patsey in his order denying my Motion for Discovery. Everything he could find is wrong with it . Page Two Judge Gary Strankman April 5 , 1986 I am returning all of these documents to you for your inspection and I am asking you as the Presiding Judge of the Superior Court to look into this matter. There is no prerequisite in a small claims action that I have an attorney or the pleadings must be perfect , and I do not believe there is one thing wrong with my pleadings as Judge Patsey has inferred. Now as in our Farmers Insurance case which is pending , I am being treated with contempt and I am through with it . In light of the 1983 United States Supreme Court decision in Smith v. Wade and PUlliam v . Allen, 104 S . Ct. 1070 , and further the decision of the United States Court of Appeals for the Ninth Circuit in Ashelman v. Pope , 85 Daily Journal , D.A .R. 2993 , a citizen is no longer without power or the means in which to bring an end to the contempt that is being shown toward me by the County Clerk, Judges of the Superior Court , for simply trying to exercise what is left of my civil rights which are being routinely dismanteled by the Burger Court . I would appreciate hearing from you on this matter. Very truly yours, Martha G. Buckley f1 cc: Judge Richard L . Patsey Superior Court P .O. Box 911 Martinez , CA 94553 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA FOR COURT USE ONLY 725 COURT STREET P.O. BOX 911 Phone: 372-2950 MARTINEZ, CA 94553 MONTGOMERY WARD & CO. , INC. , Plaintiff vs. APR 2 3 1986 MARTHA G. BUCKLEY, I R. OLSSON, COUA%tl?'k CONTRA COSTA CU N i Defendant By Depury JUDGMENT AFTER TRIAL DE NOVO ON APPEAL FROM JUDGMENT OF THE SMALL CLAIMS COURT Case Number 283 629 SC 69334 The appeal of Defendent and Appellant herein from a Judgment of the Small Claims Court of the WALNUT CREEK - DANVILLE Judicial District, County of Contra Cost, State of California, duly came on for trial before the Honorable DENNIS R. PEDERSEN, Temporary Judge of the Superior Court, on April 17 , 1986 Plaintiff appearing by Ralph Ladig Defendant appearing in Propria Persona and evidence having been adduced, and the cause submitted to the Court for decision; IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff, MONTGOMERY WARD & CO. , INC. , have judgment and recover from Defendant, MARTHA G. BUCKLEY, the sum of $383.38 , plus costs in the sum of 4.50. Dated: April 23,-1986 udge of the Superior ourt CLERK'S CERTIFICATE OF MAILING I certify that I am not a party to this cause and that a true copy of the foregoing JUDGEMENT was mailed,first class,postaga fully prepaid, in a sealed envelope addressed to each person whose name and address is given as follows: MONTGOMERY WARD & CO. , INC. MARTHA G. BUCKLEY 300 Bayfair Mall 103 Metairie Place San Leandro, CA 94578 San Ramon, CA 94583 Attn: Debbie Reid that the foregoing was mailed and this certificate was executed on(date): Ap 1 239 19 6 at Martinez, California. JAMES R. OLSSON, Clerk, by , Deputy H2O2 GPC SM 8/81 I Martha G. Buckley (� r 103 Metairie Place ' 2 San Ramon , CA 94583 t � � 3 Tel : (415 ) 828-1083 MAY 91986 4 In Propria Persona n .�;. _....._ 5 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF CONTRA COSTA 10 MONTGOMERY WARD & CO. , INC. , ) 11 Plaintiff , ) 12 v. ) CASE NO. 283 ,629 13 ) NOTICE OF HEARING ON 14 MARTHA G. BUCKLEY, ) PETITION FOR REHEARING 15 Defendant. ) 16 17 18 TO MONTGOMERY WARD & CO. , INC. : 19 Notice is herewith given that the Hearing on Petition 20 for Rehearing will be heard on the following date and time: 21 Hearing Date: June 4, 1986 Hearing Time: 9:00 a.m. 22 Hearing Place: Department 13 23 .24 DATED: May 8 , 1986. 26 Martha G. Buckley T Defendant 27 28 DEAN K. BUCKLEY 1248 MARTHA G. BUCKLEY 103 METAIRIE PL May 8 1986 11-40/104 SAN RAMON, CA 94583 1210 PAY TO THE James R. Olsson, County Clerk 14.00 ORDER OF $- :. .__ I Fourteen Dollars & No/100 - - - - - - - - - - - - DOLLARS DUBLIN OFFICE LLOYDS BANK CALIFORNIA �? 7533 Dublin Blvd..DuGin,CA 84688 d `-- •'� // �^ FOR Filing Fee for Noice of Hearing on Petition for Rehearing .Bl 1: 12 10004001: 1049-0 2 5 7411' L 248++' ECONOMY SAFETYLINE 819AN8PAW 1982 1 Martha G. Buckley MAY 141986 2 103 Metairie Place San Ramon , CA 94583 J.R. OLSSON. County Cluk 3 Tel : (415 ) 828-1083 CONTRA COSTA COU'!'s)' By S.Lee.L'_puty 4 In Propria Persona 5 G 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 3 IN AND FOR THE COUNTY OF CONTRA COSTA 10 MONTGOMERY WARD & CO. , INC. , ) 11 Plaintiff , ) 12 v. ) CASE NO. 283 ,629 13 ) PETITION FOR REHEARING 14 MARTHA G. BUCKLEY, ) 15 Defendant . ) 16 17 18 Defendant herein , Martha G. Buckley, petitions for a 10 Rehearing of the Judgment and Order of the above captioned matter 20 for, the following reasons, defendant was denied her Constitutional 21 guarantees for the right to due process . and petition for Rehearing 22 is made for the following reasons : 23 1 . Defendant was denied the right to a Court Reporter 24 and was told if she would pay $40.00 she could have 25 one, which she agreed. Then she was told by Judge 26 Strankman ' s secretary that no Court Reporters were 27 available. 23 2. Judge Strankman failed and refused in light of settled 1 law to allow defendant to exercise her Peremptory Challenge of 2 Dennis R. Pedersen. 3 3 . Defendant was denied her right to discovery of the 4 police communication tapes of San Ramon by Judge Patsey, even 5 though defendant 's motion was in order Judge Patsey ruled that G no notice to plaintiff was given, but in exactly the same 7 circumstances in Contra Costa Superior Court , Case No. 274,080, 8 entitled Buckley v. Farmers Insurance Company, Judge Fannin 9 granted an Ex Parte Order for extension of time for Farmers 10 Insurance Company to file an answer without any notice to 11 plaintiffs in that matter. 12 IN CONCLUSION, even in light of the following cases which 13 mandate that the County Clerk and the Judges must not deny 14 plaintiffs and/or defendants their right to a fair trial , the 15 County Clerk and several Judges of the Superior Court of Contra 16 Costa County, State of California, have failed to act in 17 accordance of the mandate of the following decisions: The 1983 18 United States Supreme Court decision in Smith v. Wade and Pulliam 19 v. Allen , 104 S. Ct . 1070, and further the decision of the United 20 States Court of Appeals for the Ninth Circuit in Ashelman v. Pope, 21 85 Daily Journal , D.A.R. 2993. 22 Petitioner and defendant herein , Martha G. Buckley, requests 23 a rehearing on this matter along with a Court Reporter where she 24 ay have a record in which to appeal the decision of the above 25 captioned matter if necessary to the First District Court of 26 / 27 / 28 - 2 - 1 Appeals of the State of California. . 2 3 DATED: April 25 , 1986. Submitted, 4 5 Martha G. Buckley 6 Defendant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 - ' IsPROOF OF SER VICE BY MAIL(C. C.P. 1013a, 2015.5) ' STA TE OF CALIFORNIA Contra Costa ss. David L . Butler COUNTYOF.......................................................................... I am a citizen o the United States and a resident o the count o Contra Costa f f Y f................................................................................... I am over the age of eighteen years and not a parry to the within above entitled action;my t "s saddress is: res115 Metairie Place, San Ramon , CA 94583 .......................................................................................................................................................................................... .......................................................................................................................................................................................... On......April 25 , 1986 Petition for Rehearing ....................................I served the within............................................................................... .......................................................................................................................................................................................... On the.........Plaintiff. ..... in said action, by placing a true copy thereof enclosed in a sealed envelope . . . . .................... with postage thereon fully prepaid, in the United States post office mail box at........... ;..Ramon . CA A 9 4 5 8.3 ............................ .. addressed as follows: Montgomery Ward & Co. , Inc . Y 300 Bayfair Mall San Leandro , CA 94578 I. •••Da•v1d•••L.e....Bu.t1 er................................................................. . certify(or declare),under penalty of perjury, (name must be typed or printed) that the foregoing is true and correct. Executed on , San Ramon A P...11...2.5........9.8..................... at.............................. , California ................................... (dare) �(plat Signature............ � •Proof of service by mail forms, being signed under penalty of perjury,do not require notarization. T nit oucumeni.,t^,n y.nt•al lo•m which may be P•oPe- lo, use�n t•mPle fans oot and in no war#CIS,u• s.nlended in act as a subnl,lule lu•the aN.ce of an a11Mnev The PUWnne.dues not make any wai•anly —ha...Press u•—phell as to We lepal val b.1y ul any P•uv.t.un III fine w•labd,IV of these lolmS in any wecd', ,Jnwt,on Cowdery's Form No. 1045—Proof of Service by Mail(California Action) July 8 ; 1986- Clain Wnst the amintl, o bistnet � Cs 10 a•l�!' eQ to L )ion' governed by Lhe Do" D�'ds -w• a" itoutind zn6or'sements, and Board aotioe cc the action taken On lots' by the ActionAll Section referwiar ere Dam of Agerdsors (Par VIO I7, balow)s to California Govwnwwt codes titin pursuant to Government Code Section 613 and 315.4• Please note, • Claisants Sharon Hester AttoeeeysJUN 0 51986 Steven Riess Riess & Riess Odt6 L Address 1460 Maria Lane, Ste. 320 ♦• . Anowts Walnut Creek, CA 94596 ly delivery to clerk on $1, 000. 000 . 00 • • a sail taarked m un te Deoeivbs June 5, 1986 �e � �05Z 3 00 . erk ifthe of gapirVISOM 701 County Counsel Attached is a copy of the above-noted 032113. Vateds June 5 . 1986 PM BATOMM, Cleric, BY Lt ah K wes : Munty : Mw%-Or Un Board CC skaw%sars .(Check only one) VC) This claim oomplies substantially with Sections 910 end 310.2. ( ) Ibis claim YAMS to oamply substantially with Sections 910 and 910.2, sed we ars so notifying claimant. The Board cannot act for 15 days (Section 910.0. ( ) Maim is not timely filed. Clerk should return claim on p+and that it was filed late and send warning of claimantfs right to apply for leave to present a late claim (Section 511.3). ( ) Othars Gated s By: Fe Put YCoUnty coxae ELI. Clerk of the Board 70s CO ty Counsel, (2) county Administrator ( ) Clain was retwmed as untimely with notice to claimant (Section 911.3). I9. Mw QtDER By unanimous vote of Supervisors present ( ) !lois claim is rejected in full. ( Others oarti y the this is a true W Corned copy if the Board 9 s Ls Dated: t��t2ds Nn BAT ELOR, Mork, By 69 Deputy QeMc MAiG1 M (OOT- code Section 913) aubJsot to certain exoep'tions, lou have only six (6) nonose fens the date at tKa Notice was Personally served or deposited in the well to f11e a court action on this alaia. Dee Government Code Section 945.6. Iou say seek the advice of an attorney of War choios in omneetion with this Satter. If you rant to consult an ttsonwwNNNNMNwwNEw�torsey, lou shwuld do so lamediately. T. ll Mt Clerk or the Board ZDs Cl) Cotrity Counsel, (2) Casty Administrator Attached ars copies of the above claim. We entified the alaimant of the Boardea action an this claim by sailing a Copy of this docuement, and a am thereof has been filed and endorsed on the Board's copy of this Claim in with Section 29703. ( ) A Marring of alaisant's right to apply for leave to presort A late chis Mas sailed IDs� UTOPM ZkT M s Clerk, ByClerk. amity 1 Riess & Riess 1460 Maria Lane, Suite 320 2 Walnut Creek, CA 94596 ( 415) 944-1970 3 Attorneys for Sharon Hester 4 5 ]DECEIVED 6 Sharon Hester, 7 Claimant, JUN .9 19E6 8 PHIL SA C EIOR Vs. �LER1LOA UPERVI TA 1 9 Contra Costa County, j 10 Public Entity. 11 12 SHARON HESTER hereby presents this claim to the COUNTY OF 13 CONTRA COSTA pursuant to section 910 et. seq. of the California 14 Government Code. 15 1. The name and post office address of claimant is: 16 Sharon Hester 48 Lodge Drive 17 Concord, CA 94520 18 2. All correspondence and notices regarding this claim 19 should be directed to the law offices of Riess & Riess, 1460 Maria 20 Lane, Suite 320 , Walnut Creek, CA 94596. 21 3 . On May 12, 1986 at 1750 Oak Park Blvd. , Pleasant Hill, 22 near the entrance to the Contra Costa Library, claimant sustained 23 personal injuries when she fell from her bicycle as a result of a 24 dangerously maintained and designed metal grate located in the 25 roadway. 26 4. Claimant was thrown to the pavement and struck her left 27 knee, side and back and sustained various serious bodily injuries. 28 1 1 • 1 5. The names of the public employees responsible for these 2 circumstances are not currently known. 3 6. Claimant has incurred medical expenses, and will 4 continue to incur medical expenses in the future, in an amount not 5 yet determined. Claimant has also sustained pain, suffering and a 6 loss of earning potential as a result of this accident. The 7 amount claimed as of the date of presentation of this claim is 8 $1 , 000 , 000. . r 9 Dated: 10 Riess & Riess Att s at Law 11 �` 12 �Steven' i es s 13 Attorneys for Sharon Hester 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 t. I PROOF OF SERVICE BY MAIL . 2 I, Steven Riess, declare: 3 I am a resident of Contra Costa County, California. I am 4 over the age of eighteen years and I am not a party to the within 5 action. My business address is 1460 Maria Lane, Suite 320, Walnut 6 Creek, California 94596. On the date indicated below I served the 7 attached document indicated below on all parties of record in this 8 action by placing a true copy enclosed in a sealed envelope with 9 postage fully prepaid, in the United States mail at Walnut Creek, 10 California addressed as follows: 11 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 12 Clerk of the Contra Costa County Supervisors 13 County Administration Building, Room 106 651 Pine Street 14 Martinez, CA 94553 15 Document: Government Tort Claim of Sharon Hester 16 17 18 19 20 21 22 23 - 24 25 I declare under penalty of perjury under the laws of the 26 State of California that the foregoing " ue and correct. 27 Dated: y �C 3 i S ess 28 r , BOARD OF SUPERVISORS OF MM COSTA a=n, CAL11WWA BARD ACTION Claim Against the County, or bistrict ) !EnCE 10 a AD4ANT July 8 1986 governed by the Hoard of Supervisors, ) The oopy of-t-R—a-d6atamt mailed to you is your Routing Endorsements, and Hoard ) notioe of the action taken an 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: Nick Gentile county CO S01 Attorney: JUN 12 1986 Address: 19 Tam 0 Shanter Road Alamo , CA 94507 Amount: Unspecified By delivery to clerk on Date Received: June 9, 1986 By mail, postmarked on T„ne 6 1986 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: June 11 , 1986 PHI, BATCHELOR, Clerk, By41Deputy y n w es II. FROM: County Counsel T0: C 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: c T,07_ , �l By: c-c Deputy County Counsel III. FROM: Clerk of the Board TO: (1) &nty 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 mines fQr this date. �/Iwl � Dated: JUS tS 1986 PHIL BATCHELOR, Clerk, By �" , Deputy Clerk WARNING (Gov. Code Section 913) Subject to oertain exceptionLs, 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 an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your ohoioe in oonnection With this matter. If you want to consult an attorney, you should do so immediately. V. F W: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardis 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�ftaimant. DATED: 91999 PHIL BATDOZR, Clerk, By _ C ` W , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLP.IM TO: BOARD_OF`_'SUPRVISORS 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 911 , Martinez, 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 famps 6RECEIVED 14 9 the"COUNTY O K'PRA COSTA) MLWTIOR or DISTRICT) ARIRIO!7 (Fill in name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) Mjq 14� ct T. ______ ________ __ ____________ ____ _____ ______ 2. Where did the damage or injury occur? (Include city and county) � rnr' �� 2J J4nv /f //c- 7 _ __------------- ---------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) ---------- --- --- -� ___-- ---------- 2 _ -- _-- - _'�__-- ie 4 . What particular act or omission on the part ofcountyor di�`trict officers , servants or employees caused the injury or damage? 12 -�ke Z(F C) 7C +' AAJ �, �C/ �'I Pe ( -e G` (over) l % 5: What are the names of county or district officers, servants.-cr-'ni 1 employees causing the damage or injury? - -- - - ------------------------------------------------------ 6-.--Wh-at-d-amage------or--injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) ---------------------------------------------------,---------------------- 7 . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ---------------------------------------------------•---------------------- 8. Names and addresses of witnesses, doctors and hospitals. . ---------- !.M."! -- ------------------------------------------------------- e ------------------------------------------------------ tfie expenditures you made on account of this accident or injury: • ,, pA E, f ; ITEM AMOUNT . i i s i Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or b,�.yy/ some person ori his behalf. " Name and Address of Attorney fl. f'H -/I /�p Claimant' s Signature 0 5.44✓! Address - l� �ro �/a clY-Sd7 Telephone No. Telephone No. ga U - ( ( ( r ************************************************************************** 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 COSTA COUNTY z - Mick GentileTO 4r, Administrator'sZr' ( FROM �.�• SUBJECT � G3:aim FOr�i.. ua ce The ,-enclosed.. form is provided -fir your,F .1; c+oivenience int fiilnq aa' yfcr ao x amai . P2ease return,.tie-=complete ` r `form t© t2ie office 0 the Clerk ctf..the Boar,! of Supervisors -for processing.' :c i" SIGNED `�- ... !�- C•� s ~t-! : -E c PLEASE REPLY HE r i. }_ TO DATE I �F C•v..r,...x ., . ,ix xz im z,i.+�kr-i1"s� .X.. ,. t .f 51GNED INSTRUCTIONS-FILL IN TOP PORTION,REMOVE DUPLICATE,(YELLOW)AND FORWARD REMAINING PARTS WITH CARBONS, TO REPLY, FILL IN LOWER PORTION-AND SNAP OU7 CARBONS, RETAiN TRIPLICATE(PINK)AND RETURN ORIGINAL. DORM M i 03 {P}5 3 i `P.ennty JUN o 91986 cum "Mt 1w_CA Maim Wrest the county, or bistriet lICE !p Q.2�'1�1R July 8 , 198 6 gowned by the Dowd of Supw'vi 8Or5# go cow '�-- t w1 Li1i�a0�`i _ plod ti0 is clouting trAortements, and Board notice of the native taken oo your' by tbs Action. All section references w Board of Supervisors Vrasraph IT, b don), to California 0owment Godes Riven Prsuant to cods seotiaa IL3 and 915.4. Please clot. 211 OirarnsWe Claimants J. Keith Bohren Attorms J. Keith Bohren 939 Dweing Avenue Address: Lafayette, CA 94549 Amois:ts $10,-000 . 00 sy delis to clerk an o ---- male Beoeived: Jude 6, 1986 By mile postmarked an __ 5 1 9 R r, • • erk the o pe sots s y maim lttaehed is a copy of the above-noted alma. mateds June 9 ,_1986 PM UTQifLdR, Clerk, Di► Cathy eg. s y TDs GlerkW Vw Board CC (CAeck only one) This claim oamplies substantially with Sections 910 sed 90.2. ( ) This claim fA= to comply substantially with sections qlo and 910.29 and we ars so notifying claimant. 7he Board oannot act for 15 days (Section 910.8). Maim is not timely filed. Clerk should return claim on ground that it was tiled late and send wayydof claimant's right to apply for leave to prat a late claim (Section 911.3). Others mated Deputy ty cowFbil In. IM: gerk of the Board 70: (1) county Counsel, (2) County Administrator r ( ) Claim was returned as untimely with notice to claimant (3ectioo 911.3). I9. mm fair yj By unanimous vote of Supervisors peat this claim is rejected in fnu. ( ) Others Ow- y that this Is a true W oorrset copy 's ontolad is ai for this date. Dated: J UL $ ATCOR, Mark By d� • mspu�ty Mark ttlMM (Por. cads section 1113) subject to certain exceptions, you nave only six (6) months n-cm the date of this notice was persc:r:ally served or deposited in the mail to tun a court notion ca We Glatt. ass Goverwwt Code 30otice 915.6. !ou Bay seek the advice of an attorrsy of jar otroioe in wnsation with tug matter. If Tau want to consult an attorney, You ahonld do so iniediately. T. nMi ,Clerk od Vw Board IDS Cl) Coiasty coutiel, (2) County Administrator •tt&Qhed are copies of the above claim. We notified the claimant of the Board's action on this claim by sailing a copy of this doaonent, and a memo thereof has been filed and endorsed m the Board's copy of this Claim in aeoordanoe with 3e0t1on 29TO3- A wrolng of claimant's right to apply ibr Annus to present a late claim was mailed to WEN %PUL BITLyg Ma Clerks By - �-__� Veput7 Clerk CLAIM AGAINST PUBLIC ENTITY �In The Matter of: Notify claimant & lawyer J. Keith Bohren LAW OFFICES J. Keith Bohren . Claimant J. KEITH BOHREN Claimant 939 DEWING AVENUE Co$?ity of Contra Costa LAFAYETTE, CALIFORNIA 94549 95i De ino Ave 14151 283-6363 Lafayette , Does- 1-100i- Defendants Claimant hereby presents this claim, against the above listed defendants pursuant to the California Government Code, so far as it may be known at the date this claim was signed. On May & June , 198; , claimant recieved personal injuries and property damages under- the following circumstances: (location, facts) defendant issued V1,arrant- for arrest of plaintiff with out cause or prpper basis. -plus dai a�iet arrisins therefrom. Claimant has incurred damage, including- but not limited to the following: reputation, e;r;otional distress, loss of time, and arisino therefrom. Claimant does not know the true identity of all persons and/or entities whom caused injuries, therefore claim is made against Does 1-100 whom are agents, employees, - representatives, contractors or connected to defendants. Claimant believes the following contributed to the claimed damages: Traffic cler'--s office - 'r'a.lnut Creek Muni. Court , Sherriff' s dept. Now claimant claims damages of $ 10,000 Computed as follows: Property damages: _ Personal injury: 9, 800 - Other:200 DATED: June 3, 198t': CVrst m nt or Attorney Served on June 3 198*, upon defendants via class mail by CA Clerk, Board of Supervisors, 051 Pine St. , Martinez, CA9LCLER EIVED �o 1986 AT HELOR R SU RV $ OST CO. ly