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HomeMy WebLinkAboutMINUTES - 09161986 - 1.2 (2) CLAIM �. " BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: Unspecified given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". RECEIVED CLAIMANT: SCOTT ALLAN LAINE AUG 2 4 1986 ATTORNEY: COUNTY COUNSEL ADDRESS: Route 2 , Box 202 Date received MARTINEZ, CALIF. Oakley, CA 94561 BY DELIVERY TO CLERK ON: August 18 , 1986 hand del . BY MAIL POSTMARKED: no envelope i. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Au gust 19 , 1986 PHIL BATCHELOR, CLERK DATED: g BY: Deputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors QK) Thi$ ga r� compl i/$ sub taut/�1.1� wi h Sections 910 and 910.2 �/L cry` ( ) This claim FAILS to co y'dubstantially with Sections 910 an 2, and we are so notifying claimant. The Board qannot act for 15 days (Sec ion B). loo4 c � L car, G��.0-� a Zw;� 1 (x) Claim is not timely f edk The lerk should re rn claim on ground that it filed late and . warning of claimant's right to apply for leave o present a late claim (Section 911.3). ( ) Other: Dated:_e" L-6 By: �• L e y County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) (X) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( )0 Other: Portion of original claim not previously retiirnPd a.cz untimely is rejected in full . I certify that this is a true and correct copy of the Board's Order enter d in its minutes for this date. SEP 16 1986 Gated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally"Served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator CL:AIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instruct ions '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 Car mail to P.O. Box 9.11, 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 ) Rese 'ng stamps SCOTT ALLAN S.AINE ) :2J Against the COUNTY OF CONTRA COSTA) )or DISTRICT)in name) ) a 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) Injury accrued on June 6, 1986 at app. 11 a.m. -----------T------------------------------------------------------------ 2. Where dial the damage or injury occur? (Include city and county) Concord; =Contra Costa County and other places unknown to me at this time. ------------------------------------------ --------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required)The Contra Costa County District Attorney and certain employees of the Contra Costa County District Attorney's office pursued a cri- minal prosecution against me for which there was no basis in law or in fact. I was eventually acquitted. ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Malicious prosecution, Abuse of Process, Infliction of Emotional Distress (see attachment.) (over) emploXees causing the damage or injury? District Attorney Gary Yancey, Deputy district attorneys: Lori, Darling, Bob Law, Ed Dang, John F. Kealy, Jack Ryder and other persons presently unknown, to me. ------ - - -------------------------------------------------------- 6. Wh-at-d-amage------or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto At�orVe� fs fees: $1,500.00. Lost wages in an amount presently unaseer- i ,, tained. Severe emotional distress and upset for over 6 months, high blood pressure,_Pain and suffering. Total claimed: $1,060,000.00. -------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or dam ge ) General damages: $10,000 Pain and suffering: $50 ,000 Punitive damages: $1,000,000 ----N- - - - - - - - ---- --- --------- -- ---------- ------- --- ---------- - 8. ames and addresses of witnesses, doctors and hospitals.-- ---------- 1. All persons listed in #5 above. 2. Various judges and court reporters. 3. Robert Cohn-Postar, Esq. , 1899 Clayton Rd. , Concord CA 94520. 4. Marily Laine, Rt. 2, Box 202, Oakley, CA 94561 5. My employer and fellow employees. 6. Kaiser Foundation Hospital, Martinez. 9. List--the- expendi•ture.s you made on account of this accident or injury: DATE ; }... ' f 'ITEM AMOUNT 4/9/86 f . Attorney fees $1500.00 Various Lost wages uncertain Various Gas and time $100.00 i Govt. Code Sec. 910.2 provides : "The claim signed y the claimant SEND NOTICES TO: (Attorne ) or by ori his behalf. " Name and Address of Attorney Rt. , m.N� Signature Address Oakley, C-A 9--:56-3 Telephone No. Telephone No. 625-1603 home 224-4477 work 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. " On Jan. 1, 1986 I was arrested by Officer K. Borden, Badge #256, approximately 1 block from the Concord Police Station. He pulled me over for speeding and noticed I had a 22 rifle in the car. (The rifle and clips were in plain sight and not attached. ) He called for back-up, then asked me to step up to the curb. He confiscated my Buck knife from my belt. When I questioned him about. why he was taking it, he said it was for his own protection. After another officer arrived, he asked if he could search my car and I replied, "Sure, go ahead. I have nothing to hide. " I told him. where the ammunition clips were, then he took the rifle and the clips to the police car. I asked him why he was taking them and he replied, "Because I 'm arresting you. " Me: Under what charge? Other officer: Under acessibility law. The back-up officer questioned me about where I was coming from while Officer Borden was searching my car. I went to lean on my car and Officer Borden said, "Don't lean on the car- stand on the curb. " I went back to the curb and the other officercontinued to question me. I told him I was coming from the Concord Rifle Range to go to the Wells Fargo ATM on Willow Pass Rd. because the rifle range wouldn't accept a check so I had to get cash. Then Officer Borden told me to put my hands on the car and he searched me. He took 5 boxes of cartridges out of my pockets, then handcuffed me (pretty tightly) and somewhat roughly put me in the back of the police car. I was very co-operative and didn't resist arrest so this treatment was very humiliating. I was taken to the Concord Police Station where I was booked, questioned and released after about an hour. Then I had to ankle express it back to .my car, which I didn't appreciate since I was pretty upset by this time. A week after I was arrested, I called my attorney. He looked up the penal code that I was charged with (12031 PC, Section G) .He said that they were wrong to have arrested me because the code applied only to loaded firearms, but that before I got involved with the ex pense of legal defense, to call the DA that was handling the case to try to get the charges dropped. I spoke to Deputy DA Lori Darling. She told me she was charging me under the penal code the officer cited. When I said I was obviously not guilty under that code, she said that she was charging me on circumstantial evidence. Me: What circumstantial evidence? L. Darling: I believe that you took the clip out of the gun before you were stopped.Me: you think the gun was loaded then? L. Darting: Yes. (Note : the police report has no reference to any possibility of that. ) Me: Did you read the police report? L.D: Yes I have it here in front of me. Me: But there's no basis under the penal code. L.D: Well, officers don't just arrest you for no reason. We argued a little more and then I said goodbye. Next I went to court for the arraignment where I found out they had changed the charge to a concealed weapon. There was no notification of this to me and the police report clearly states that it was in plain view. . After the arraignment I decided I needed a lawyer so I retained Robert Cohn-Postar of the Maurice Moyal firm. He contacted a DA who told him there were case laws pertaining to my case. He checked on this and there weren't any, but various DA's kept asserting there were. I proceeded to make 9 court appearances over the 6 month period after the time of my arrest. (See court records. ) At one hearing a DA said (in court) that they would drop the charges if I would admit to probable cause for the arrest. (This was• after my attorney sent a letter (dated April 10- attached) basically saying we would sue for malicious prosecution if the charges weren't dropped.) In other words, they wanted me to admit guilt to release them from any civil obligations. After many letters and court appearances, my attorney filed a demmurer. Deputy DA John Kealy filed his answer to it with case law that wasn't pertinent to my case. After another court appearance Deputy DA Jack Ryder came out of court and said to my attorney, "I wouldn't touch this case with a 10 foot pole. " My attorney asked why he was prosecuting it then and he replied that he had a marginal case. On June 6, 1986, Judge John Hatzenbuhler was hearing my case and said, "I 'm not 4oing .to rule on this demmurre. I 'm going to try this based on the police keport and find the defendant not guilty. Is that okay with you Mr. DA?" He also said he had some very strong words for the DA. During the course of the hearings the DA's office tried or did amend the charges a number of times changing back and forth from the same 2 charges. I was also harassed by being served with papers at my home rather than them being sent to my attorney. Attached are documents and letters pertaining to my case. Both myself and my attorney tried many times to get the charges dropped or the case dismissed instead of wasting so much of mine and the court6 time. our society seems to be excessively litigious these days but I feel that I have just cause for a suit because my case was a demonstration of severe abuse of power. 1 - I MAURICE MOYAL, 2 A Professional Law Corporation 1899 Clayton Road, Suite 100 Concord, California 94520 (415)686-0200 4 Attorney for Defendant 5 SCOTT ALAN LAINE 6 7 MUNICIPAL COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF CONTRA COSTA 9 MT. DIABLO JUDICIAL DISTRICT 10 ~ 11 THE PEOPLE OF THE STATE OF CALIFORNIA, ) CASE NO: 91416-8 ) 12 vs ) DEMMURER TO AMENDED COMPLAINT; POINTS & 13 SCOTT ALLAN LAINE, j AUTHORITIES; DECLAR- ATION OF ROBERT COHN- Defendant. ) POSTAR, ESQ. 14 j 15 COMES NOW the defendant, SCOTT ALLAN LAINE, demurring to the 16 two counts of the Amended Complaint on ,the following grounds: 17 I . The defendant demurs to Count 1 [loaded firearm] pursuant to 19 Penal Code Section 1004(5) because it contains matters which, if 20 true would constitute a legal bar to the prosecution. 21 II . 22 The defendant demurs to Count 1 [loaded firearm] pursuant to 23 Penal Code Section 1004(5) for the reason that it shows that the 24 defendant has already been placed once in jeopardy for the 25 offense charged. 26 27 _ 28 MAUkICE MOVAL A PROFESSIONAL LAW M , C 1 ZII . The defendant demurs to Count 2 (speeding) because it 3 contains matter which, if true, would constitute a legal bar to 4 the prosecution for the reason that it shows that the defendant 5 has already been placed once in jeopardy for the offense charged 6 pursuant to Penal Code Section 1004(5) . 7 Defendant prays leave to demur to the amended complaint 8 herein to which no plea has been entered to the amended 9 complaint. 10 WHEREFORE defendant prays that this demurrer be sustained . 11 without leave to amend and that th4 s action be dismissed. 12 ZZ � �� . Dated: May 22, 1986 13 Robert ohn-Postar, Esquire MAURICE MOYAL, 14 A Professional Law Corp. Attorneys for Defendant - 15 POINTS AND AUTHORITIES 17 J. 19 = COUNT 1 OF THE AMENDED COMPLAINT IS BARRED BECAUSE A COMPLAINT CANNOT 20 BE AMENDED TO CHARGE AN OFFENSE NOT CHARGED BY THE ORIGINAL COMPLAINT 21 22 The original complaint in the instant case charged defendant 23 only with carrying a concealed weapon within a vehicle in violation 24 of Penal Code Section 22025 (a) and speeding in violation of Penal 25 Code Section 22350 . Defendant .was not originally charged with 26 carrying a loaded firearm in public in violation of Penal Code 27 Section 12031 (a) and cannot be so charged at this late date. 28 MAURICE MOVAL 2 A PROFESSIONAL LAW I The District Attorney is barred from its present attempted 2 assertion of the carrying a loaded firearm in public charge 3 against the defendant pursuant to the rationale enunciated 4 in the line of cases represented by Owen v . Superior Court ( 1976) 5 154 Cal . App . 3d 928 , The Owen , supra , decision held that 6 ( the District Attorney may , upon leave of court , amend an 7 indictment for any defect or insufficiency at any stage of the 8 ( proceedings , but may not by such amendment , chanW the offense 9 I�11char ed . See also: People v . Cancimilla ( 1962) 197 Cal . APP . 2d 10 1 242. 11 The instant case is a blatant attempt by the District 12 (+ Attorney to change the offense charged against the defendant . 13 ( This cannot be condoned by the Court , pursuant .to the rule 14 enunciated by the Owen , supra , decision . Therefore , the 15 defendant respectfully requests that this amended complaint be 16 dismissed . 17 In determining whether to allow an amendment to a criminal 18 complaint , the test that the court must apply is whether the 19 amendment corrects a defect or insufficiency in the original 20 complaint or whether the amendment charges an offense that 21 the prosecutor did not attempt to charge by the original 22 complaint . Patterson v . Municpal Court ( 1971 ) 17 Cal App . 3d 84 . 23 See 'also People v. Agnew (1947) .77 Cal . App . 2d 748 . 24 From the face of the original complaint and the face of 25 f the amended complaint herein the court will clearly note that 26 the District Attorney made no attempt to charge a violation of 27 Penal Code Section 12031 . The language of the original complaint 28 MAURICE MOVAL APROFESSIONAL LAW 1( 3 ('�1b Pnge�n r.! II i I 1 tracked the statutory language of Penal -Code Section 12025(a) (concealed fire arm) . Penal Code Section 1009 states in pertinent 3 part : "A complaint cannot be amended to charge an offense not 4 attempted to be charged by the original complaint , except that separate counts may be added which might properly have been 6 joined. in the original complaint ." Rather than moving to add 7 the loaded firearm count, the District Attorney dismissed the 8 concealed fire arm charge against the defendant . Recharging 9. the wrongful conduct cloaked terms of a different charge violates 10 the statutory precept that a misdemeanor cannot be recharged once 11 it is dismissed . Further, the new charge on the same set of facts 12 is double jeopardy in violation of the Fifth Amendment to the 13 United States Constitution and Article T , Section 15 of the 14 alifornia Constitution . 15 II . 16 COUNT 2 OF THE AMENDED COMPLAINT 17 IS BARRED BECAUSE IT IS DOUBLE JEOPARDY TO CHARGE THE DEFENDANT 18 AGAIN FOR THE SPEEDING VIOLATION TO WHICH HE HAS ALREADY PLEAD 19 GUILTY TO AND PAID THE FINE 20 The Constitutions of the United States and California 21 stablish the fundamental right that persons cannot be put 22 ' n jeopardy twice for the same offense . (See citations above) 23 he defendant has already pleaded guilty to Count 2 (Speeding) 24 nd has already paid the fine required by the Court herein . 25 herefore , further prosecution on the speeding charge is barred 26 nd the court must sustain the demurrer without leave to amend 27 s to Count 2 . 28 MAURICE MOYAL 4 A PROFESSIONAL LAW 1 III , 2 CONTINUED PROSECUTION OF THE CHARGES HEREIN BY THE DISTRICT ATTORNEY IS 3 A VIOLATION OF ETHICAL STANDARDS AND AN ABUSE OF PROCESS AND DUE PROCESS 4 5 On April 25 , 1986, the Deputy District Attorney admitted C on the record that there was no evidence to sustain the charge 7 against the defendant . and he further admitted that he had no 8 case or statutory authority whatsoever to sustain the District 9 Attorney ' s position despite the order of the court on April 9, 10 1986 for the District Attorney to provide said authority . There is neither statory nor case authority to support 11 the continued prosecution of the loaded fire arm charge in the 12 13 amended complaint and the District Attorney was informed of this 14 by Defense counsel ' s letter (3 pages) dated April 10, 1986, a 15 copy of which is attached herewith as Exhibit A. For the sake of brevity , the points and authorities cited in that letter 16 are incorporated by ;reference herewith. Finally , as the court 17 18 is aware , the rule of People v. Norton (1978) 80 Cal . App . 3d 19 Supp 14, 26-26, expressly limits to -.Penal .Code Section 417 20 (brandishing a fire arm) the concept that an unloaded weapon 21 is still considered a firearm even if it is unloaded . In contrast 22 the language of Penal Code Section 12031 specifically requires �3 rounds or clips to be in or attached to the fire arm to constitute 24 a loaded fire arm. The office stated at page 5 of his report 25 that the gun was unloaded . The District Attorney ' s continued 26 persecution of defendant when there clearly was no crime committed 27 is a violation of ethical standards (see People v. Franklin ( 1961 ) 28 134 Cal App 2d 23) , an abuse of process (admission of no basis) , MAMCE MOVAL A PROFESSIONAL LAW 5 I the uncontroverted facts in the police report demonstrate that 2 the gun was unloaded . 3 3 . The court is requested to assert its power to sustain .the 4 demurrer without leave to amend . 5 I declare under penalty of perjury that the foregoing is true 6 and correct and that this declaration was executed in Concord , 7 California on May 22, 1986. / 9 ROBERT COHN-POSTAR, ESQ. 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MAURICE MOYAL A PROFESSIONAL LAW MAURICE MOYAL A Professional Law Corp MAURICE MOYAL MOYAL BUILDING 686-0200 Ph. D. (Accounting) 1899 CLAYTON ROAD Area Code 415 Admitted to Dist. CONCORD. CALIFORNIA 94520 of Columbia Bar PAUL M. SLUIS DONNA M. DAVI ROBERT COHN•POSTAR Office Manager May 13 , 1986 Ed Dang Deputy District Attorney Contra Costa County 3024 Willow Pass Road , Suite 202 Concord , Ca . 94519 RE: People v. Scott Alan Laine NO: 91416-8 Mt . Diablo Judicial District Dear Mr. Dang : I must protest your office =s continued prosecution of Mr. Laine in this matter as you clearly have absolutely no evidence to sustain any criminal charges against Mr. Laine. It is simply ridiculous to tie up the time of the court, the District Attorney' s Office, and Mr. Laine ' s time in a case in which it is clear that no crime was ever committed. Mr. Laine already paid the speeding ticket. Therefore, I am enclosing another copy of my letter of April 10, 1986 for you to reconsider this matter so as to save everyone a lot of wasted effort. Unless .you or anyone else in the District Attorney ' s Office can offer some justification for this continued prosecution based upon law, we must consider this to be an abuse of the District Attorney 's discretion, an abuse of process, and quite frankly malicious prosecution. As an officer of the court, I demand that you act ethically and dismiss with prejudice the charges against Mr. Laine. Your own Deputy District. Attorney Ryder already admitted on the record that your office has no evidence to sustain the charges . We view the offer to dismiss charges in exchange for a stipulation for probable cause for the arrest to be unethical conduct by an attorney by threatening through prosecution to gain a civil advantage. There is no basis for the charges and we demand an -j immediate-diksmissaI with-prejudice. of-a 1- charges against Mr.- Laine. Very truly yours MAURICE MOYAL A Professional Law Corp. Y Wil' Kob,&rt Cohn-Postar RCP/dd cc: Client r MAURICE MOYAL A Professional Law Corp MAURICE MOYAL MOYAL BUILDING 686-0200 Ph. D.(Accounting) 1899 CLAYTON ROAD Area Code 415 Admitted to Dist. CONCORD, CALIFORNIA 94520 of Columbia Bar PAUL M. SLUTS DONNA M. DAVI ROBERT COHN-POSTAR Office Manager April 10 , 1986 Ed Dang Deputy District Attorney Contra Costa County 3024 willow Pass Road , Suite 202 Concord , CA 94519 RE: People v. Scott Alan .Laine Case NO: 91416-8 Mt . Diablo Judicial District Dear Mr. Danq: On April 19, 1986 , I appeared for Mr. Laine at the pre- tri.,al conference in the above entitled matter. Although you , informed the Court that there was a Motion to -file an amended complaint', neither the Court nor you had a copy of the Motion to Amend the Complaint and Amended Complaint which was in fact served by mail on my client on March 31, 1986 . After receiving a copy of the complaint, my client discussed the matter with Deputy District Attorney Lori Darling and speci- fically asked her what the basis was for the initial charge of a concealed weapon as the police report indicated that there was no such concealed weapon. Ms . Darling thereupon apparently decided to amend the Complaint to carrying a loaded weapon despite the express language on page 5 of the police report that the officer"found the action on the rifle was open and the safety was on. The gun was unloaded . " The police officer never observed a loaded weapon in the vehicle. On March 5 , 1986 , I had a telephone discussion with Deputy District Attorney Bob Law and I asked Mr. Law what Statute was violated by my client. Mr. Law stated that my client was carrying a loaded firearm in the car and that I should look at annotated cases . My research indicates that there are no cases pertaining to Penal Code Section 12031 which holds that a cartridge near a fire arm constitutes a loaded weapon for the purposes of that Section. In fact, Penal Code Section 12031 (g) specifically provides as follows; "A fire arm shall be deemed to be loaded for the purposes of this- Section when there is an unexpended cartridge or shell , consisting of a case which holds a charge of powder 04 page two April 10, 1986 Letter to Mr. Dang and a bullet or shot, in, or attached in a _manner to, the fire arm, including , but not limited to, in the firing chamber, magazine, or clip thereof attached to the fire arm; except that a muzzle- loader fire arm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder . " As you will note, Section (g)of Penal Code Section 12031 specifically provides that the clip must be attached to the fire arm. In addition, any attempt to state that a case has modified the Penal Statute pertaining to this Section (despite the fact that I have looked at all annotated cases pertaining to Section 12031) will result in our raising a due process objection pursuant to the 14th Amendment of the United States Constitution and Article I , Section 7 (a) of the California Constitution. Please note that the California Supreme Court in Bowland v. Municipal Court ( 1976) 18 Cal 3d 479, 488, 134 Cal Reporter 630, 556P 2d 1081 held that " a Defendant is ordinarally entitled to that construction most; favorable to him. " In addition, the United States Supreme Court held in Lanzetta v. New Jersey ( 1939) 306 US 451, 453 that, "it is fundamental that all citizens of a free State must be informed as to what the State commands or forbids, and that no one should be required at peril of life, liberty, or property to speculate as to the meaning of the state ' s Penal Statutes . " The United States Supreme Court in the United States v. Harriss ( 1954) 347 US 612 , 617 held that fairness alone requires that no man be held criminally responsible for conduct he could not reasonably understand to be proscribed . The United States Supreme Court further held r� Conolly v. General Construction Company ( 1926) 269 US 385, 391 that a Statute which either forbids or requires the doing of an act in terms so vague that persons of common intelligence must guess at its meaning and could differ as to its application does not give fair notice as to the forbidden conduct and lacks an essential ingredient of due process of law. Therefore, California Penal Code Section 12031 (g) either means what it says or it is unconstitutionally vague . The facts of this case as applied to the law of the case clearly indicate that the District Attorneys office erroneously charged Mr. Laine with a crime that he did not commit. Mr. Laine should not have been arested and should. not now be prosecuted. t page three April 10, 1986 Letter to Mr . Danq Mr. Laine has incurred extensive attorneys fees and has lost already several days from work and suffered great emotional upset from the continued prosecution of this charge. Although the District Attorneys Office has discretion in charging cases, there was never any basis for any charge regarding either a concealed weapon or a loaded weapon as evident from page five of the police report. The District Attorneys Office hasabused its discretion in continuing to prosecute Mr. Laine when there clearly was no crime. Furthermore, the comments of both Mr. Law and Ms. Darling that they were cases that upheld the charging of this offense without providing a citation to any of those cases is in itself unfair and in bad faith. On April 9, 1986, you appeared at the pre trial conference and claimed that there was some case law supporting your position regarding the charging of a loaded weapon although the weapon was in fact uhloaaed, You had a responsibility to do your research before going to Court and you are now forcing Mr. Laine to come back into Court on April 25 , 1986 to learn whether you have in fact found any cases which supposedly support your position. The charging Deputy District Attorney had no basis for preferring the charges against Mr. Laine (other than the sp3eding charge for which he paid a fine) and there has. never been a good faith showing from the District Attorneys Office as to a basis for continuing the prosecution of Mr. Laine. We consider the prosecution of Mr. Laine and your continued prosecution of Mr. Laine on the w•=apons charges to be an abuse of the District Attorney' s discretion and in complete bad faith. We demand that the charges against Mr. Laine be dismissed with prejudice and reserve:Mr. Laine ' s legal remedies in this matter. Once again we urge you to immediately act to dismiss with prejudice the charges against Mr. Laine and to communicate this dismissal to us forthwith. Very truly yours, Robert Co n-Postar RCP/ec cc: Client CERTIFICATE OF SERVICE IN PERSON (C.C.P. 1012, 1013a, 1963 (24) , 2015.5) Re: SCOTT ALLAN LAINE ; No. 91416-8 1 certify that my address is the District Attorney's Office of Contra Costa County, 3024 Willow Pass Rd. , Concord, California, 94519, and I am a citizen of the United States, over 18 ,years of age, a resident of the County of Contra Costa, and not a party to the within action; I served a true copy of the attached MOTION TO AMEND by.personal service to: I certify under penalty of perjury that the foregoing is true and correct. _. `Dated: May 16, 1986 at Concord, California, 94519. (Signature) l ( tle) DA-52C (Rev. 85) i I GARY T. YANCEY District Attorney 2 Contra Costa County by: John Kealy 3 Deputy District Attorney 3024 Willow Pass Rd. , Room 202 4 Concord, California 94519-2577 Telephone: (415) 671-4335 5 G 7 8 IN THE MUNICIPAL COURT OF THE MT. DIABLO JUDICIAL DISTRICT 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 THE PEOPLE OF THE STATE OF CALIFORNIA, No. 91416-8 11 vs. ORDER 12 SCOTT ALLAN LAINE, 11 Defendant(s)/ 14 Good cause appearing therefor: 15 IT IS HEREBY ORDERED that the motion of the People be granted, and 16 the time for service of the foregoing notice of motion to amend is so shortened 17 that service by delivery to the Defendant by and through his counsel is 1$ adjudged to be sufficient notice of the. proceeding. 19 DATED: May 14, 1986 20 21 22 Judge of the Municipal Court 23 24 25 26 27 .28 c 1 GARY .T. YANCEY District Attorney 2 Contra Costa County 3 By: John Kealy Deputy District Attorney 3024 Willow Pass Road Concord, California 94519-2525 5 Telephone: (415) 671-4335 G IN THE MUNICIPAL COURT OF THE MT. DIABLO JUDICIAL DISTRIC IN AND FOR THE COUNTY OF.. C011TRA COSTA S THE PEOPLE OF THE STATE OF CALIFORNIA, No. 91416-8 VS. MOTION TO FILE " AMENDED COMPLAINT 10 ' SCOTT ALLAN LAINE, 11 Defendant (s) . / 12 Plaintiff respectfully prays the above-entitled Court I e t e attached amended complaint. The facts upon which the 14 said amended complaint are based, came to the attention of 15 Plaintiff following the -filing. of . the original complaint, 16 DATED: May 14, 1986 _ 17 Respectfully submitted. ; 1S GARY T. YANCEY Distri t Attorney 20 John Kealy 21 Deputy Distri t Attorney California Penal Code §1009 22 ---------------------------- ---------- -------------------------- 23 --- -------- ---------- 23 ORDER 24 IT IS ORDERED that .the attached amended complaint be filed. 25 DATED: 2G 27 judge of the Municipa our 28 . i I GARY T. YANCEY District Attorney 2 Contra Costa County By: John Kealy 3 Deputy District Attorney 3024 Willow Pass Road, Room 202 4 Capcord, California 94519-2525 J Telephone: (415) 671-4335 G IN THE MUNICIPAL COURT OF THE MT. DIABLO JUDICIAL DISTRIC' 7 IN AND FOR THE COUNTY OF C014TRA COSTA 8 .. THE PEOPLE OF THE STATE OF CALIFORNIA, 110. 91416-8 10 VS . 110TICE OF 11OTI0N AND MOTION TO AMEND 11 12 SCOTT ALLAN LAINE, 14 TO THE ABOVE-ENTITLED COURT AND TO THE ATTORNEY FOR DEFENDANT: 15 Please take notice that on May 16, 1986 1G at 8:30 a ,m, the People of the State of California will movE 17 the Court to amend the complaint on the above docket for the 1S reasons stated in the attached deblaration. 19 DATED: May 14, 1986 20 21 Respectfully submitted, 22 GARY T. YANCEY DiWKealy ' Attorn y 23 24 h Deputy District Attorney 25 2G • 27 28 JK/dh t 1 GARY T. YANCEY District Attorney 2 Contra Costa County by- John Kealy 3 Deputy District Attorney 3024 Willow Pass Rd. , Suite 202 4 Concord,' California 94519-2577 Telephone : (415) 671-4335 5 6 IN THE MUNICIPAL COURT OF THE MT. DIABLO JUDICIAL DISTRICT IN AND FOR THE COUNTY OF CONTRA COSTA 7 - 8 PEOPLE OF THE STATE OF CALIFORNIA No . . 91416-8 9 vs . DECLARATION 10 t SCOTT ALLAN LAINE, 11 Defendant (s) . / 12 131 I , the undersi ned dec -14 That I am a Deputy District Attorney for Contra Costa 15 County, assigned to handle this case: 16 That I am informed and believe that the herein requested 17 amendment is both necessary and proper in light of additional 18 information received subsequent to the filing of this complaint. 19 .I declare under penalty of perjury that the foregoing 20 is true and correct. 21 DATED: May 14, 1986 Respectfully submitted, 22 23 GARY T. YANCEY Distri Attorney 24 / � / . 25 ohn Kealy 26 Deputy District Attorney 27 . 28 JK/dh MUNICf COURT OF CALIFORNIA, COUNTY G ;uNTRA COSTA MT. DIABLO JUDICIAL DISTRICT THE PEOPLE Or THE STATE OF CALIFORNIA VS. j NO. 91416-8 COMPLAINT (Misdemeanor) SCOTT ALLAN LAINE, 1. 12031 VC 2. 22350 VC Defendant(5) . A M E N D E D The undersigned states , on information and belief, that SCOTT ALLAN LAINE , defendant (s) , did commit the crime o misdemeanor, to wit: VIOLATION OF SECTION 12031 of the CALIFORNIA PENAL CODE CODE (Loaded Firearm in Public) in that the defendant(s) on or about Januaryl, 1986 in Contra Costa County, State of California, did wilfully and unlawfully carry a loaded firearm in a vehicle while in a public place in an incorporated city. COUNT TWO: The undersigned further states, on information and belief, that SCOTT ALLAN LAINE, defendant, did commit the crime of infraction, to wit: VIOLATION OF SECTION 22350 of the CALIFORNIA VEHICLE CODE (Basic Speed Law) in that the defendant on or about January 1, 1986 in Contra C. sta County, State of California, did wilfully and unlawfully drive a vehicle upon a highway at a speed greater than was reasonable and prudent, having due regard for the traffic, on, and the surface and width of said _ highway, and at a speed which endangered the safety of persons and property, to wit: at the approximate speed of 43 mailes per hour at a time when and where the exact prima facie speed limit was 30 miles per hour. Complainant requests that defendant (s) be dealt with according to law. I declare under penalty of perjury that the foregoing is true and correct . Dated: May 14, 1986at Concord, California. Complainant Deputy District ney Officer K. Borden John Kealy/dh Concord Police Dept. 1 'GARY T. YANC EY / 2 District Attorney Contra Costa County 3 By: Lori Darling Deputy District Attorney 3024 Willow Pass Road, Room 202 4 Concord, California 94519-2525 5 Telephone: (415) 671-4335 IN THE MUNICIPAL COURT OF THE MT. DIABLO JUDICIAL DISTRICT IN AND FOR THE COUNTY OF CONTRA COSTA 7 $ THE PEOPLE OF THE STATE OF CALIFORNIA, No. 91416-8 9 vs. MOTION TO FILE AIIENDED COMPLAINT 10 SCOTT ALLAN LAINE, 11 Defendant(s) . / 12 Plaintiff respectfully prays the above-entitled Court tc ire the attached amended complaint . The facts upon which the 14 said amended complaint are based, came to the attention of 15 Plaintiff following the filing of the original complaint. 16 DATED: April 23, 1986 17 Respectfully submitted, 1S GARY T. YANCEY Vo6r tri At orney 1J c20i a ling 21 LD:mc Deputy District Attorney _ 22 California Penal Code §1009 -------------------------------------------------------------- 23 ORDER 24 IT IS ORDERED that the attached amended complaint be filed. 25 DATED: 2G 27 Judge ot the Municipal ourt 28 1 GARY T. YANCEY District Attorney 2 Contra Costa County By: Lori Darling 3 Deputy District Attorney 3024 Willow Pass Road, Room 202 4 Ccuncord, California 94519-2525 Telephone: . (415) 671-4335 5 ` G IN THE MUNICIPAL COURT OF THE: . MT. DIABLO JUDICIAL DISTRICT 7 IN AND FOR THE COUNTY OF CONTRA COSTA S . 9 THE PEOPLE OF THE STATE OF CALIFORNIA, No . 91416-8 10 vs . NOTICE OF MOTION AND MOTION TO AMEND 11 SCOTT ALLAN LAINE, 12 14 TO "THE ABOVE-ENTITLED COURT AND TO THE ATTORNEY FOR DEFENDANT: 15 Please take notice that on May 7, 1986..,,. 16 at 9:00a-. . .m, the People of the State of California will move 1.7 the Court to amend the complaint on the above docket for the 18 reasons stated in the attached declaration. 19 DATED: April 23, 1986 20 21 Respectfully submitted, 22 GARY T. YANCEY D' tric tt ney 23 �- 24 ori Da`r ng Deputy District Attorney 25 26 27 28 LD:me 1 GARY T. YANCEY ,GARY Attorney 2 Contra Costa County By: Lori Darling 3 Deputy District Attorney Concord, Pass Road Room 202 4 Concord, California 94519-2525 5 Telephone: (415) 671-4335 111 THE MUNICIPAL COURT OF THE MT. DIABLO JUDICIAL DISTRICT IN AND FOR THE COUNTY OF CONTRA COSTA 7 8 No. 91416-8 THE PEOPLE OF THE STATE OF CALIFORNIA, 9 DECLARATION VS. • 10 11 SCOTT ALLAN LAINE, 12 Defendant s') - h 11, t declare: -14 Than i am a Deputy District Attorney for Contra Costa 15 County, assigned to handle this case: 1G That I am informed and believe that the herein-requested 17 amendment is both necessary and proper in light of additional rt' information received subsequent the filing of this complaint. t 19 1 declare under penalty of perjury that the foregoing is 20 true and correct. 21 "TE: April 231 29&6 22 Respectfully submitted, 23 GARY T. YANCEY 24 District Attoruey • 25 Uzi Darling 26 Deputy District Attorney 27 28 LD:mc MUNICIPAL COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA MT. DIABLO JUDICIAL DISTRICT THE PEOPLE OF THE STATE OF CALIFORNIA NO. 91416-8 VS. ) AMENDED COMPLAINT (Misdemeanor) SCOTT ALLAN LAINE, ) 1. 12031 VC Defendant(s) . 2. 22350 VC The undersigned states , on information and belief, that .SCOTT ALLAN LAINE defendant(s) , did commit the crime of misdemeanor, to wit: VIOLATION OF SECTION 12031 of the CALIFORNIA PENAL CODE CODE (Loaded Firearm in Public) in that the defendant(s) on or about January 1, 1986 in Contra Costa County, State of California, did wilfully and unlawfully carry a loaded firearm in a vehicle whil in a public place in an incorporated city. COUNT TWO: The undersigned further states, on information and belief, that SCOTT ALLAN LAINE, defendant, did commit the crime of infraction, to wit: VIOLATION OF SECTION 22350 of the CALIFORNIA VEHICLE CODE (Basic Speed Law) in that the defendant on or about Jamiaryt, 1986 in ar , State of eatItnITTa, ZF17-F-w111u1Iy and unlawfully drive a vehicle upon a highway at a speed greater than was reasonable and prudent, - having due regard for the traffic, on, and the surface and width of said highway, and at a speed which endangered the safety of persons and property, to wit: at the approximate speed of 43 miles per hour at a time when and where the exact prima facie speed limit was 30 miles per hour. Complainant requests that defendant (s) be dealt with according to law. I declare under penalty :of perjury that the foregoing is true and correct. Dated: April 23, 1986 at Concord, California. A�r -,DarComplainant m lainant Deputy Distry"Ct Attorney Officer K. Borden CERTIFICATE OF SERVICE BY MAIL (C. C.F. 1012 , 1013a, 1963(2-4T—,2015 . 5 ) Re: SCOTT ALLAN LAINE ; N8. 91416-8 I certify that `my address is the District Attorney 's Office of Contra Costa County, 3024 Willow pass Road, Concord, California . 94519, and I am a citizen of the United States, over 18 years of age, a resident of the County of Contra Costa, and not a party to the within action; ' I served a true copy of the attached Motion to Amend by placing said copy in an envelope(s) addressed as follows : SCOTT ALLAN LAINE Route 2, Box 202 Oakley, CA 94561 which is/are place(s) having delivery service by U.S. Mail, which envelope (s) was then sealed and postage fully prepaid thereon, and thereafter was , on this day deposited in the United States Mail at Concord, Contra Costa County, California 94519; I certify under penalty of perjury that the foregoing is true and correct. Dated: April 23., 1986 , at Concord, California. Margie Cornell DA-52 (Rev. 7/75) _ .Legal Services Clerk (CERTIFICATE OF SERVICE BY MAIL) C l CERTIFICATE OF SERVICE IN PERSON (C.C.P. 1012, 1013a, 1963 (24) , 2015.5) SCOTT ALLAN LAINENp. 91416-8 I certify that my address is the District Attorney's Office of Contra Costa County, 3024 Willow Pass Rd. , Concord, California, 94519, and I am a citizen of the United States, over 18 ,years of age, a resident of the County of Contra Costa, and not a party to the within action; I served a true copy of the attached Motion to Amend by personal service to: SCOTT ALLAN LAINE Route 2, Box 202 Oakley, CA 94561 I certify under penalty of perjury that the foregoing is true and correct. Dated: April 25, 1986 at Concord, California, 94519. (Signature) (Title) DA-52C (Rev. 7/85) 'GARY T. YANCEY District Attorney 2 Contra Costa County BY: Lori Darling 3 Deputy District Attorney : 3024 Willow Pass Road, Room 202 4 Concord, California 94519-2525 5 Telephone: (415) 671-4335 IN THE MUNICIPAL COURT OF THE MT. DIABLO JUDICIAL DISTRICT . 6 IN AND FOR THE COUNTY OF CONTRA 'COSTA T 8 THE PEOPLE OF THE STATE OF CALIFORNIA, No. 91416-8 VS . MOTION TO FILE 9 AIIENDED COMPLAINT 10 SCOTT ALLAN LAINE, 11 Defendant(s) . / 12 Plaintiff respectfully prays the above-entitled Court to ----------------I V 2.1e the attac ed amended complaint. The facts upon which the 14 said amended complaint are based, came to the attention of 15 Plaintiff following the filing of the original complaint . 1GI DATED: .starch 31, 1986 17 Respectfully submitted, GARY T. YANCEY 19 District Attorney 20 Lori Darling 21 LD:mc Deputy District Attorney California Penal Code §1009 22 ------------------------------------------------------------------- - 23 ORDER 24 IT IS ORDERED that the attached amended complaint be filed. 25 DATED: 26 27 Judge or the Municipal Court 28 1 GARY T. YANCEY District Attorney 2 Contra Costa County 3 Deputy Districtri nAttorney 3024 Willow Pass Road, Room 202 4 Cgncord, California 94519-2525 Telephone: (415) 671-4335 J 6 IN THE MUNICIPAL COURT OF THE MT. DIABLO JUDICIAL DISTRICT 7 IN AND FOR THE COUNTY OF CONTRA COSTA 8 9 THE PEOPLE OF THE STATE OF CALIFORNIA, No. 91416-8 10 VS . VOTICE OF MOTION AND 11 SCOTT ALLAN LAINE, MOTION TO AMEND 12 Defgexn.dnnr(R) -� 14 TO THE ABOVE-ENTITLED COURT AND TO THE ATTORNEY FOR DEFENDANT: 15 Please take notice that on April 9, 1986 .16 at 10:00 a. .m., the People of the State of California will move 17 the Court to amend the complaint on the above docket for the 1S reasons stated in the attached declaration. 10 DATED: March 31, 1986 20 21 Respectfully submitted, 22 'GARY T. YANCEY 23 District Attorney 24 Lori Darling 2� Deputy District Attorney . 26 27 2S LD:mc I GARY T. YANCEY District Attorney 2 Contra Costa County ` 3 -By: Lori Darling Deputy District Attorney 4 3024 Willow Pass Road Room 202 Concord, California 94519-2525 5 Telephone: (415) 671-4335 IN THE MUNICIPAL COURT OF THE MT. DIABLO JUDICIAL DISTRICT IN AND FOR THE COUNTY OF C014TRA COSTA 8 THE PEOPLE OF THE STATE OF CALIFORNIA, No. 91416-8 0 . VS . DECLARATION 10 11 SCOTT ALLAN LAINE, 12 Defendant(s) . / " i , the undersigned, declare: 14 " That I am a Deputy District Attorney for Contra Costa 15 County , assigned to handle this case : 16 That I am informed and believe that the herein-requested 17 amendment is both necessary and proper in light of additional 18 information received subsequent to the filing of this complaint. 10 I declare under penalty of perjury that the foregoing is 20 true and correct. 21 DATE: March 31, 1986 22 Respectfully submitted, 23 GARY T. YANCEY 24 District Attorney ' 2J . Lori Darling 26 Deputy District Attorney ` 27 23 LD:mc MUNIC( ; :rOURT OF CALIFORNIA, COUNTY (. ZUNTRA COSTAL E MT. DIABLO JUDICIAL DISTRICT THE PEOPLE OF THE STAT E OF CALIFORNIA. ; JAN - J '9$1 j NO. VS. ) 91. E 6 COMPLAINT (114M~RT OF CALIFORNIA 1- CONTRA COSTA SCOTT ALLAN +LAINE ! MT.DIABLO JUDICIAL DISTRICT r MARILYN R.FCK,CL 1 . 120250 PC �1�ERiH i 2. 22350 C is n ZePUTY cLtati Defendant(s) . 1 The undersign d states , on information sand belief, that Scott Allan Laine - _ defendant (s) , did commit the crime or misdemeanor, to wit: VIOLATION OF SECTION 12025(x) of the CALIFORNIA PENAL CODE Concealed Weapon in Vehicle/or on Person in that the defendant(s) on or about January 1 , 1986 in Contra Costa County,, State of Cal ifcrr,i.a, did wilfully and unlawfully carry concealed within a vehicle, when said vehicle, was then and there under his control ..'and direction, a certain pistol, revolver, or other firearm, that was, then and there capable of being concealed upon the person to wit, a RUGER MODEL 10/22 RIFLE. COUNT TWO: The undersigned further accuses the defendant of theinfraction violation of Section "2350 of the CALIFORNIA VEH':CLE CODE (Basic Speed Law) committed as follows: at the said defendant, on or about January 1 , 1986, in this Judicial District , did unlawfully and wilfully drive a vehicl:- upon X highway at a speed greater than was reasonable and prudent, having due reg-rd for the traffic, on, and the. surface and width of said highway, and at a speed which endangered the safety of persons and Nropz-t : ,- =t: rhe sr):7r,u=m?t-P _sem:-d of 43 miles per hour at. a time when and where the exact prima facie speed limi= was 30 miles per hour. Complainant requests that defendant (s) be dealt with according; zo I declare. under penalty of perjury that the foregoing is true and correct. Dated: January 7 . 1986 at Concord, California. %-77 " /i,�. r" x%2-1 �"'q�'L �'--� Complainant Dep utt pplstriet Attorney K. Borden L. D�rling CONCORD POLICE DEPARTMENT DA-138(C) Rev. 9/75 Address • MUNICIPAL COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA MT. DIABLO JUDICIAL DISTRICT THE PEOPLE OF THE STATE OF CALIFORNIA N0. 91416-8 VS. ) A M'E N D E D - ) COMPLAINT (Misdemeanor) SCOTT ALLAN LAINE, ) • ) 1. 12031 VC Defendant(s) . 2. 22350 VC The undersigned states , on information and belief, that SCOTT ALLAN LAINE . defendant (s) , did commit - the crime of misdemeanor, to wit: . VIOLATION OF SECTION 12031. of the CALIFORNIA PENAL CODE CODE (Loaded Firearm in Public) in that the defendant (s) on or about January 1; 1986 in Contra Costa .County, State of California, did wilfully and unlawfully carry a loaded firearm in a vehicle whil in a public place in an incorporated city. COUNT TWO: _ The undersigned further states,- on information and belief, that SCOTT ALLAN LAINE, defendant, did commit the crime of infraction, to wit: VIOLATION OF SECTION 22350 of the CALIFORNIA VEHICLE CODE (Basic Speed Law) in that the defendant on or about TaniiarW 1 w3.jtuiiy an u—nlawfully drive a vehicle upon a highway at a speed greater than was reasonable and prudent, having due regard for the traffic, on, and the surface and width of said highway, and at a speed which endangered the safety of persons and property, to wit: at the approximate speed of 43 miles per hour at a time when and where the exact prima facie speed limit was 30 miles per hour. Complainant requests that defendant (s) be dealt with according to law. I declare under penalty of perjury that; the foregoing is true and correct. 'Dated: March 31, 1986 at Concord, California. Lori Darling/mc Complainant Deputy District Attorney Officer K. Borden Concord Police Department DA-138(C) Rev... 9/75 : -- arirlrPSs CERTIFICATE OF SERVICE RY MAIL (C. C.P. 1012 , 1013a, 19 63 2 4 ,2015 . 5 ) Re: SCOTT ALLAN LAINE ; Nd. 91416-8 I certify that my address is the District Attorney 's Office of Contra Costa County, 3024 Willow Pass Road, Concord, California 94519 , and I am a citizen of the United States . ".over 18 years of age , a resident of the County of Contra Costa, and not a party to the within action; - I served a true copy of the attached Motion to Amend by placing said copy in an envelope(s) addressed as follows : _ SCOTT ALLAN LAINE Route 2, Box 202 Oakley, CA 94561 which is/are place(s) having delivery service by U.S. Mail, which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was , on this day deposited in the United States Mail at Concord, Contra Costa County, California 94519; I certify under penalty of perjury that the foregoing is true and correct. Dated: March 31, 1986 , at Concord, California. Margie Cornell DA-52 (Rev. 7/75) _ Legal Services Clerk• (CERTIFICATE OF SERVICE BY MAIL) a . . , -`:i1O1/ lIS:,r;; C- a. .:.' c ...•r -'lar --.et-. TLD I ''- DI .sc�S .'-.1�' 1_YT -,I+ �- l-.�ztf1e't;-. �.�'.�.`.—�'. _��.::+.^ (41 V 1: �iY{._.. P�i _774 N [Vdd lrrp v Reo CONCORD POLICE DEPARTMENT (;1�Orig• I( )Field Interview: ( )Adult( )Juv,j ARREST REPORT/FIE_L_D .INTERVIEW ( )Supa. I -PP i Fel a I C R 'ii`.7.�:AMO'T16laa aIORTt D's.:� DATE AND TIME ARRESTED DATE AND TIME BOOKED ]BOOKING OFFICER Ito NO. I Ile, CHARGE ( I FEL (' ISO CITE Y ATION R T R L 2 C ♦ i t +.vA ^ ♦�'••: LAST NAM[ b.,,rr',Js'w'�lL` :.,•,..'s' `e �iRit .r �.i.t;`i't' `1G •L'-�t. '�li.Y:. .M1ODLa ." "`r t'''^ r'HOYR.T NE ■Yf-TMOMt:�l,:,.::.:•.. i, . -.+'t Y�;'Y`�� - .+ =:�,r .+t J.�t1�4 :S*�.e.'�. � �•�h•�-tri „. 1 -� � _ �t ADO RESS,' - - CITY tTATt<" 16LIAL fECU RITY NO " y OLM/IDNO r s A. 'e.• ;i. < STAT[ ±•-,.. +,r:. DOST. Y Q{• 42 RAr[ SEJC HE16NT. 1 GHT HA11 EYES �, a ♦ •+'+'+.r.tL "L�3 •F-2' l^'•Z '+ t "•� i ;s: � s*1 w c .r a .E.t` s z ` '+'t � 'L f r �:;��; ..;�i u�Y. ,7 ry, '•.. .'s— yti + r' 1` .:�':`..-.1.�� :.�.•� �t ?ti. .S x✓. > �'+{�f 4,,. a r `^r r 3'A 1;: i J....� 'Mk :1. 1611E$II[ARKS�jSARir06R!ORM1�7[l,SA17000--'uy "�,�e - `. r y. r -. •>r1RD- {�,.•=R yfry... C1f0 ^- v � { pt ) 7 QS i� t>r 7,r�0�'•:1�L�0 40CUlAY70N ; -1, �.yyi.J�` . �, .��r.Cr i1iTt.<O,T.[a/�CKOOI taL�[F(T OR MO,tl,tT.REC[r{T _ y'�ADDRESi- 1 1�•��:?„>}^-A:.�i'_:C27T/STATC< �.i �.ti. .�A t �+�'�'"�:�.Trxw-t.,•;�+ `; _°'+., .`q'.:t 5�- .,.. a•r :=.4° =vt�''"f..�S+ti,l r., fc: R 'Srtf1 -.ice,...+ _ /�„ .LOT7NNQ.DsfGf11P3SpD/' T,,O►�.TAMTf,S Oai # r fs YE�4 K _ �,;. _ {� .1 ,�; rJ -4- STOLEN RECOVERED . a -�.ST r�.-.- ..�L. J b. .,•�x�c7 Z. r S'•i5v+.T.'�S •c •+ �'..'�'t°: •'�.: �<- T y S - !S i:. t y .t'Y � 1� � - J y'y r i•µx 3 a l� _.i •`F Y..�+ oC--•;� �.7 -'` � � ..t•t s y } e z s+ 1 .4:« f r + � f � ,+`Y Y ,` .: - .t s`� 1r_,�..�. ,. ..:.. ,,.,....: ,....•...,s+r .... f,. z��.•.. S t, b. un•ws 'fz w ti r--+;. VF+4IICLE INVOLVEMENT CODES: A-Arrestee S-Suspect R •Recovered N-Stored P-•Perked at Scene j V-Victim X-Stolen 1 •Impounded O- Released to Owner Z•Repossession a-7, IROUTING: ( ) Detective ( Special Investigations (/ (.Juvenile ( ) Traffic l ( Other Agency _ J I, the undersigned, hereby arrest the above defendant on the charge indicated and request that a police officer take this defendant into custody. 1 will appear as directed and sign a complaint against the person 1 have arrested. (i ARRESTING CITIZEN S SIGNATURE • ARRESTING CITIZEN S ADDRESS - 1 rSYVNONSIS: l ) 1 y� quARtr{A� K �- aetsssacaLtitt 71 'pigs ;, „ ,J.,., -- j'r(. arrr,a;. • r ;, oan� y�- �•".V_ •ya'7y`A' of YI T.. 1N[ .`f •1F.1 ?✓ Xr,( 'k J�t'r l\rK � � l( l�aCi't h �Ki• ]; M.>.ItYY?” V" '. ,�1��'?,adY',�sr`.^'J:•.'F'vn�����#�Y �y.��,1-,'�' ���w.t"'�. y!"r.l.�"�z�,t�' �.'=t.'-�nY ': rua'�i.'s"'� � �tir ''fir 3 >. ��� �1 'u' •r t OFFICER NOTIFYING PARENT/GUAROIAN OAT[ AND TIME CURRENTLY ON PROBATION PROBATION OFFICER Yes ( ) No 4 DATE AND TIME REPORT WRITTEN' SUPE R PPROVING TYPIST DATE AND TIME REPORT TYPED o I- CP-413-1 AUG Sa ITE -RECORDS - - YELLOW-BOOKING --' - - - • • _ _ __ La.+t.vnL ruLii;r DtMMNiMENT FAG.A �- I.NTOXIFICATION REPORT o f • BREATH OGO_R OF ALCOHOLIC BEVERAGE! FACIAL COMPLEXION DENTURE) WORN EYE GLASSCJ WORN ARONTA CT LENSES Y/ORrI� ( ) Strong ( 1 Moderate ( 1 Weak ( ) Flushed ( )Pale ( )Yes ( 1 No ( 1 Yes 1 )No j 7 1 s 1 ) ,No LjGHTIN G, )URF ACE AND LOCATION ' AT SCENE . AT JAIL. 4TTITUOE I WALKING ABILITY SPEECH - - DIVIDED ATTENTION SKILLS MFINGER TO NO3E CEL-T O-TOE TEST �R. FOOT ALL. FOOT , LOW wi- U- i� BALANCE --- - D� 1 ¢Q Wo HORIZONTAL GAZE NYSTAGMUS RIGHT INOEX AL LEFT INDEX TYPE OF CHEMICAL TE3T-URIN9..i.000.■w A Ar« (DENT. NO.OF SAMPLE LOCATION WHERE TEST CONDUCTED TIME ¢w <UINAMF OP PERSON TAKING SAMPLE OR GIVING ADDRESS TITLE PHONE NUMBER ¢~2I TEST UZm I.��,rDISPOSITION OF SAMPLE IF TEST REFUSED,REASON BREATH RESULTS , o»I lit 2nd via O OTHER - D SPECIFIC WARNING REGARDING INTERROGATIONS 1. You have the right to remain silent r._ 2. Anything you say can be used against you in a court or law, j 3. You have the right to talk to a lawyer and have him present with you while you are being questioned. 4. If you cannot afford to hire a lawyer one will be appointed to represent you before any questioning, if you wish one. i L— 5. You ca:. decide at any time to exercise these rights and not answer any questions or make any statement. (! Do you understand each of these rights I have explained to you? (jj'Yes ( ) No � LL Having these rights in mind,do you wish to talk to us now? Yes ( ► No I AOMONITION OF RIGHTS GIVEN WHERE GIVEN DATE AND TIME GIVEN Y ESi NO WHAT BEVERAGE BRAND NAMEMOW Muck «Ave You , /{ AecN j n Z o«.N«INGT :-:1 WHERE TIME STARTED TIME STOPPE� 1 O i w oo`r OU1 FceL r e DESCRIBE •_I = eF..ccrs P F i D I GNI_ < I Awe Yov r••1 E DID YOU BUMP YOUR HEAD71 WMCN D «uwTT L_ ❑IDESCRIBl BUMP ( ) No < ANY FOOT• iANrip,Lec ^ !DESCRIBE t L oeFecrsT O ( O ❑ TYPE OF ILLNESS TREATED RECENTLY (DocTow on oe«TIATI DATE �, Awe YOY{LL y < e WM AT? LAST DOSAGE? INAME OF DOCTOR OR OENTIAT O McDICATION Q 1 M loll, a ^ DO YOU TAKE INSULIN (►ILEA On In/e CTID«SJ DATE AND/OR TIME 0/ LAST DOSAGE «Ave u I Z DIAw NIST 1 ...... IF NO, -110 WAS DRIVING WMEN DID YOU LAST SLEEP TIME FOOD LAST HATCH DESCRIBE Dw1Y1ND AND•FOR HOW LONG vecilc IFROM WI/ERE 010 YOU START DRIVING TIME GESTIN ATION ,MDW MANY 5TOPa MAD6 WHERE AND WHY WHfiRE AMC YOU NOW WHAT TIME If 17 ACTUAL TIME HAVE YOU 13fi6N DRINKING SINCE THE.. WHAT ANO MOW MuCM - .. ACCIDENT .._ ._. ._ _. ._ 15 THERE ANYTHING MECHANICALLY WHAT WRONG WITH YOUR VEHICLE ( )Yes ( ) NG -. . 626.8 PC(a) Any person who comes iAto-any school building or upon any school ground,or street,sidewalk or public way adjacent thereto,without lawful business thereon,and whose presence or acts intefere with the peaceful conduct of the activities of such school or disrupt the school or its pupils or school activities, and who remains there, or who reenters or comes upon such place within seventy-two (72) hours, after being asked to leave by the Chief Administrative Official of that school or any designated agent of the Chief Administrative Official who possesses a Standard Supervision credential or a Standard Administration Credential or who carries out the Larne functions as a person who possesses such a credential or, in the absence of the Chief Administrative Official,is guilty of a misdemeanor and shall be punished as follows: 5500.00 fine or six months County Jail,plus added penalties for priors. California Penal Code Section 6538, to wit: Every person who loiters about any school or public place at or near which children attend,or normally con- gregate, is a vagrant, and is punishable by a fine of not exceeding $500,00 or by imprisonment in the County Jail for not exceeding six months,or by both such fine and imprisonment. AUSPQCT SIGNATURE 0//ICER SIGNATURE LOCATION OATfi AND TIME ` - :P-4I5-1 AUG 44 - • ,/ L _HA6 .t CO !� 1 C]111.IE� • dr..i�C- Si��'. 'r . � � Qif�� s'+:ir,_. HR-S.n-r•-••_ uNI- Pt 7: '..s-• r1`+' r', v !/ ".% 3 aA :.y.J!1.Y II. L� T L 4 �.4r`�-0[la�arr'� �.' `��,i`Y- n- If tF 1 � OF Z' CONCORD POLICE DEPARTMENT Y �ORIG SUPP OFFENSE REPORT_ _ _ _ CR ** _/ i CLAS5I F IC A T ION - JOATE AND TIME REPORTED K,,O//V__TING / Q �j eV y (a�9 Traf e t. Bur. ( )Sp.JuvBur. I OCCURRED: DATES TIMES LOCATION OCCURRED �V / ( ) Traf.Bur. ( )Sp.lnves.i ( ►Otfier/Agency: BURGLARY & THEFT FROM AUTO—M.O. FACTORS LOCKED FORCED ENTRY RANSACKED SELECTIVE TAKE TAKE EASILY REMOVED ( )Yes ( )No ( )Unknown ( )Yes ( )No ( )Unknown ( )Yes ( No ( )Unknown ( )Yes ( )No ( )Unknown ( )Yes ( )No ( )Unknown LONE SUSPECT DAY SINGLE DWELLING UNIQUE FACTOR INVOLVED sri Cory )L Yes ( )No ( )Unknown ( )Yes ( )No ( )Unknown MULTIPLE DWELLING ( OTNCR: IINVOLVEMENT CODES: A -Arrestee S-Suspect K -C/V V.-Victim C-Complainant J•Subject W-Witness 8 -Business Victim O -Owner INVOLV MT LAST NAME FIRSTMIDDLE 7HOME PHONE BUS. PHONE CODE ADDRESS CITY STATE SOCIAL SECURITY NO. OLN/10 NO. STATE 10013 RAGE SEX HEIGHT WEIGHT NAIR EYES ) I ADDITIONAL INFO. 1"I ILVMT LAST NAME - FIRST � MIDDLE •HOME PHONE BUS. PHONE (CODE .ADDRESS CITY STATE SOCIAL SECURITY NO. OLN/ID NO. STATE DOB RACE SEXY,/ HEIGHT WEIGHT HAIR " ' C5 •ADDITIONAL INFO. - 1 ' IIN VOLV MTILAST NAME FIRST MIDDLE Imom" PHONE iBU S. PHONE !CODE 1 ' 1 JADDRESS CITY STATE SOCIAL SECURITY NO. I I OLN%ID No. STATE DOB RACE SEX I HEIGHT WEIGHT IMAIR ]EY ES ' 1 IAOnIT10NAL INFO. _ I NVOLVMTILAST NAME FIRST MIDDLE 'NOME PHONE •BUS. PHONE ICOCE I � i ADORESg CITY STATE SOCIAL SECURITY NO. I 1110-LNN/lo NO. STATE DOB RACE 13r," HEIGHT WEIGHT HAIR EYES J �'ADDITIONAL 11110. I �It:VOL'J MT LAST NAME F1:eT MIDDLE HOME PHONE BUS• PHONE ICODE �. r,E55AP .. CITY STATE SOCIAL SECURITY NO. •I OLN ID NO. STATE loon IPACE SEX I HEIGHT WEIGHT NAIR 6YE! ADOITIONAL INFO. I - I VEHICLE INVOLVEMENT CODE: A-Arrestee S-Suspect R-Recovered N-Stored P-Parked at Scene V-Victim X-Stolen 1 -Impounded O-Released to Owner Z. Repossession VEH.INVL LIC - LI! VYR VMA VMO y VET VCO A DOITIONAL INFO. Cook 7 �yY _2�1l VE .INVL LIC LIS VY R VMA VMO VST VCO ADDITIONAL INFO. CODE WVIN F REO.OWNER - ADDRESS SAME AS V 0= UNIQUE FEATURES VALUE �' S - -J OF I ( OFFENSE REPORT EVle, NCL' w ` ( None 1 )Photos ( )TraceLvldence 1 )Standards CSI ( )Yes �(3iNo Name. ( IPrints ( )Diagram ( ►Impressions ( )Other — INVOLVEMENT CODES: CATEGORY CODES: DISPO CODES: STOLEN ` I I E Evidence K-Safekeeping A-Automotive B •Bicycle C -Camera P -Prop. Room a'= S •Stulen F -Found E •Eouipinent/Tools H-Household Appliances M.Musical Instruments R -Ret. Owner S • R Recovered L. Lost O Office Equipment P •Personal Accessories R-Radio/Sound Devices O.Other: RECOVERED z O -Safety of S Sports Equipment T-TV V-Viewing Equipment L` Others Y -Other D-Dollars/Money K-Credit Cards S _ USE ADDITIONAL LINES AFTER EACH_ITEM FOR ANY ADDITIONAL DESCRIPTION/INFORMATION_ .__. rr =Additional bicycle information must minimally include: Boys/Girls,Color(s),Wheel Size,No.of Speeds, Locked/Unlocked,City License No. -�NVOLV CAT D13P0 CODE CODE ARTICLE BRAND MODEL lfiR1AL • VALU6 CODE i Il.� �� /O � � :CLL f��l�it/��• SL�L�oL�-��J� I I - i I i I )���� d� 3� ��� y G'1-�cCry> �.rr� l/l�Js� �7"T L/�/'Gs� • � i I _ y IREPORT ING OFFICER aC I.D, s BEAT JDATE AND TIME REPORT WRITTEN SUPE APPROVING ITYPIST DATE AND TIME REPORT TYPED /6Is CP-07-2 AUG 44 - PAG E. ( ---- -- - i � — �.� �- moi_-"ii✓ . I . I I ' //G-� _S�//� T'�- f�'�`- �//> �✓GT �/��r�.:lJ Thi✓' .�-'T- ' Tom ' f-ice- �/� -�!/-y�� I I 1 � / ��'- .i /� / �_ �•.���� /cam `� /!/(/�� /�GiY%C��.. � I i REPORTING OFFICERJ- KAT JDATE-AND TIME REPORT WRITTEN SUP APPROVING TYPIST JDATE ANO TIME REPORT TYPED 2SG / ri-vi s'� x.30 CP-IOOA SEP as � Y PG CR # - i i T � � .,��/mac-%� ,y► .,7- /.'�� .�-� ,���>��!�_%--1 J F ca�r/��%� �c//� r/ REPORTING OFFICER BEAT DATE AND TIME REPORT WRITTfiN SU►E V PROVING TYPIST DATE AND TIME REPORT TYPED J J J CP-IOOA SEP 64 - AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Section 913 and Amount: Unspecified 915.4. Please note all "WARNINGS". CLAIMANT: STEVEN MCCORMACK ATTORNEY: ADDRESS: 1028 Aquarius Way Date received Oakland, CA 94611 BY DELIVERY TO CLERK ON: August 14., 1986 CC BY MAIL POSTMARKED: August 13 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: August 18 , 1986 BY: Deputy 4 L. Ha-11- 11. 7II. FROM: County Counsel TO: Clerk of the Board of Supervisors (� This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: « y� / 7�{v By:�.I '—� A _Ltt'CA__1.y �Wuty County Counsel III. FROM: Clerk of the Board TO: County Counsel ('1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: ASI'1Mk-%DED By unanimous vote of the 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 minutes for this date. Dated: SEP 161986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally 'served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: .Claimant County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM Count Y Caunsgt TO : Steven McCormack RECEIVED AUG 11980 1028 Aquarius [ray Oakland CA 94611AUG / a�6 Martinez, CA 94553 PHI H Re : Claim of STEVEN McCOJC�eaKeo F vR9y .......... ...... ............. oew,ty Please .'rake Notice as follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 . 2 , or is otherwise insufficent for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimaint . _ 2 . The claim fails to state the post office address to ,which the person presenting the claim desires notices to be sent . x 3 . The claim fails to state the etxkar, place axxatchracxakma=-K r of the occurrence or transaction wh.-i.ch gave rise to the claim asserted . (See #7) 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss , if known. 5 . The claim fails to state the amount claimed as of the date of presentation, the estimated amount of any :'prospective , injury , damage, or loss so far as known, or the basis of computation of the amount claimed. 6 . The claim is not signed by the claimant or by some person on his behalf. x 7 . Other : Please be more specific as to location ofoccurrence . Ertl i!A4 f s'T _ ®N lil ff.1)cf r ev�yw) !/ VICTOR J. WESIMM, County Counsel Trf��,t/i���TrrastJ d`� •NJ�iif.,4p-�✓'��j ,a6/,,dT /i-A/J0 A)A,1>c47- Gf�C;A) Deputy Yunty Counsel CERTIFICATE OF SERVICE BY MAIL (C. C. P. §§1012 , 1013a, 2015 . 5 ; Evid.C. §§641 , 664 ) My business address is the County Counsel ' s Office of Contra Costa County, Co .Admin. Bldg. , P.O. Box 69 , Martinez , California 94553 , and I am a citizen of the United States , over 18 years of age, employed in Contra Costa County, and not a party to this action . I served a true cony of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing it in an envelope (s) addressed as shown above (which is/are place (s) havingdelivery service by U. S. !hi ;_1) , which envelope (s) was then sealed and postage fully prep.-tid thereon, and thereafter was, on this day dep ;>;ited in the U. S. Mail at Martinez/Concord , Contra Ccsta County, California. i certify under penalty of perjury that the foregoing is true and correct . Da+tec1: June 6 , 1986 at !-4artinez , California . cc : Clerk of the Board of Supervisors ( . ' ginal) Administrator (NOTICE OF Ilgi;Ll'FICIENCY OF CLAIM: . GOVT. C. §5910 , 910 . 2 , 910 . 4 , 910 . 8) CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: $ 50, 000. 00 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS".Countv ('ouno@, CLAIMANT: VIRGINIA LOZA AUG so c/o David Morse Hammond, Esq. ATTORNEY: 405 14th Street-Suite 1100 Martinez, CA 9e4553 Oakland, CA 94612 ADDRESS: Date received BY DELIVERY TO CLERK ON: August 21 , 1986 BY MAIL POSTMARKED: August 20, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: August 22 1986 PHIL BATCHELOR, CLERK BY: Deputy. L.Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (}() This claim complies substantially with Sections 910 and 910.2 (� �) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ,4 '46 � G By: c'.> _ CiZ_& "_,0�eputy County Counsel III. FROM: Clerk of t e Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order tered in its minutes for this date. SEP 161986 Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally 'served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator .5 DAVID MORSE HAMMOND ATTO R N EY AT LAW FINANCIAL CENTER BUILDING 405-14TH STREET.SUITE 1100 OAKLAND.CALIFORNIA 94612 (415)451-5805 August 19, 1986 ECEIVED Clerk, Board of Supervisors Contra Costa County County Administration Building T F sqMartinez, CA 94553 CL9 A P as ty Re: Claim Pursuant to Government Code 910 BY ' .. Claimant: Virginia Loza (a) Name and post office address of Claimant: Virginia Loza c/o David Morse Hammond, 405-14th Street, Suite 1100, Oakland, CA 94612. (b) Post office address to which the person presenting this claim desires notices to be sent: Virginia Loza % David Morse Hammond, Esq., 405-14th Street, Suite 1100, Oakland, CA 94623. (c) Date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted: On May 28, 1986, claimant was an employee of Apple One Agency and working as a temporary clerk for the County of Contra Costa in the Bay Municipal Court in the City of Richmond, County of Contra Costa, State of California. While working in room 180, claimant tripped over a computer cord which had been negligently unsecured and carelessly allowed to exist as a dangerous and defective condition. Claimant tripped over this cord, causing her the serious personal injuries claimed herein. (d) General description of the indebtedness, obligation, injury, damage or loss incurred sofaras it may be known at the time of presentation of the claim: Serious personal injuries, the nature and extent of which are un- known at this time. Claimant expects future medical and future wage loss in an amount unknown at this time. (e) Name or names of the public employee or employees causing the injury, damage, or loss, ,if known: Name of specific employees are unknown, but they are employed by the Bay Municipal Court and the County of Contra Costa. (f) Amount claimed as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofaras it may be known at the time of the presentation of the claim, together with the basis of citation of the amount claimed: Nature and extent of disa- bility'is unknown at this time as is loss of earning capacity and medical expenses. Claim is for $50,000. If the contents of this claim are deficient in any respect, we ask that you notify the undersigned immediately and we will attempt to remedy the same. If this claim is to be denied, we ask that it be done so expeditiously. Very-truly yours, David Morse Hammond CERTIFICATE OF MAILING I, the undersigned, declare' under penalty of perjury: That I am a citizen of the United States, over the age of 18 and not a party to the within cause or proceeding; that I am an employee of David Morse Hammond, Attorney at Law, and my . business address is 528 Grand Avenue, Oakland, California; that I served a true copy of: Claim Pursuant to Government Code 910 by placing said copy in an envelope addressed to: Clerk, Board of Supervisors Contra Costa County County Administration Building Martinez, CA 94553 which envelope was then sealed and postage fully prepaid thereon, and thereafter, on August 19 , 1986, deposited in the United States mail at Oakland, California. (That there is delivery service by United States mail at the place so addressed, or regular communication by United States mail between the place of mailing and the place so addressed) . Executed at Oakland, California on August 19, 1986. Shirley No e CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Cle�mtAgainst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 16, 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: $500;000, 00 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". CLAIMANT: LIPdDA LIND HAGMAi1 ET AL County Counafil c/o Willard E. Stone ATTORNEY: 1211 Newell Ave. , Suite 124 pUG Walnut Creek, CA 94596 4553 ADDRESS: Date received Martft18Z, GA 9 BY DELIVERY TO CLERK ON: August 22 , 1986 hand del . BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: August 25, 1986 BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2 (/ -) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By � -�8�puty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (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 minutes for this date. Dated: SEP 16 1986 PHIL BATCHELOR, Clerk, By �� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'terved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator .CLAIM TO: ""ARO Ur' bUPRRV1bORb Or' CONTRA CU#_Wtrr ti]Fapplicationto: �r J Instructions to ClaimantC!erk of the Board 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 LINDA LIND HAGMAN, on )Reserve i in stamps behalf of VIRGINIA L.HAGMAN, NICHOLAS C. HAGMAN and JONATHAN W. HAGMAN mino s 'p ��EIVF,D and a ami y members an Heirs o S L` L. HAGMAN, Deceased. And. on behalf of the est Against the COUNTY OF CONTRA COSTA) 010 aUG_ l B AT SELORR ISO-RS or DISTRICT) CL K AR OeputY Fill in name ) ey +..• •• The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 500 , 000 and in support of this claim represents as follows: ----When--d-id-the--dam-a-ge--o--r-in-jury--o-c--u-r----G-iv-e- exact -a-n-d-h-o-u ] ---- The injury to James Hagman occurred on May 3, 1986, at approximately. .-. 6:50 p.m. Mr. Hagman died .from the injuries on June 25 , 1986. 2. Where �Id the damage or injury occur? (Include city and county) On Marsh Creek Road, 1. 4 miles west of Deer Valley Road, an un- incorporated area of Contra Costa County. 3. How did the damage or injury occur? (Give fu1S details, use extra sheets if required) As Mr. Hagman made a turn on Marsh Creek on a motor- -cycle, 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 so as to cause his death. 4. What particular act or omission "on the part of county or district officers, servants or employees caused the injury or damage? The place of the utility pole was so close to the roadway so as to constitute a danger and hazard to the motorists and motorcyclists travelling said road and making the left turn in a west bound direction. (over) 5. What are the names of county or district officers, servants or" employQes causing the damage or injury? Unknown at this time 6. What damage 6-r-11;_j-u-Hre-s do you claim resulted? 617ie full extent of injuries or damages claimed. Attach two estimates for auto damage) Mr. Hagman suffered from massive brain injury including brain contusion, basilar skull fracture and brain stem damage. He died .on June 125, 19 6. Claim is a9serted for damages on behalf of the Decedent and or ?65s's o suMort L comfort and society to the heirs ___ ------------------ ------------ 7. How was the amount claimed above computed? (Include the estimate amount of any prospective injury or damage. ) Unknown at this time. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Doctor: Glenn Lee , M.D. Witnesses : Robert & Holly Sutton Kaiser Hospital 1825 Manzanita Dr. 1425 Main Street Concord, CA. 94519 Walnut Creek, CA. 94596 9. List ;the expenditures you made on account of this accident or injury.. :DATE ITEM _ AMOUNT May 3, 1986 Delta Memorial Hospital unknown May 3., 1986 Emergency Medical Care to May 14, 1986 John Muir Hospital unknown May 14 , 1986 ongoing Kaiser Hospital medical care until June 25, 1986 Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorne ) orb some person n his behalf. " Name and Address of Attorney o- Ac,� WILLARD E. STONE Claimant Sign ture 1211 Newell Ave, Suite 124 1166 Santa Lucia Drive Walnut Creek, CA. 94596 Address 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. " 7, CLAIM �`vC �1 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA { BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September.X16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: Unspecified given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". CLAIMANT: DONNA SECREST ET AL COvn4e ATTORNEY: 2090Pe123rdeStreetMoses, Larson, & Alderson p�� � L'i7,�n�e, San Pablo, CA 94806 /!9a "` C7 ADDRESS: Date received R��@ Q� BY DELIVERY TO CLERK ON: August 22 , NPA hand del . 9543 BY MAIL POSTMARKED: i. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: August 22 , 1986 BY: Deputy L. hall II. FROM: County Counsel T0: Clerk of the Board of Supervisors (x) This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late- and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ���C c��y 8y: County Counsel III. FROM: Clerk of the Board TO: - County Counsel (1.) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( V This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order enter;d in its minutes for this date. Dated: SEP 16 mr, PHIL BATCHELOR, Clerk, 8y Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'Served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator IL.w�'v�urs T' TO:Board of Supervisors ,County of contra Costa RECEIVED ED //,WAU u �t966 PHIL. AT ELOR G,ERK A O SU IS BO Claimant ' s name and address: Address for N ices: Donna Secrest Pelletreau, bioses, Larson Brenda Secrest & Alderson Route 5, Box b275 2090 — 23rd Street Oakley, Ca San Pablo, California 94806 Telephone: (415) 234-8890 Date of Occurrence: Location of Occurrence: May 16, 1986 Traveling West on Cypress avenue in Oakley,Ca Circumstances of the Occurrence: Donna Secrest was driving the automobile westbound on Cypress with Brenda Secrest as a passenger. As Donna Secrest swerved to miss a byciclist she struck a hole in the road sufficiently deep to cause injury to both parties. Description of Injury and Damages: Both parties suffered injuries to the neck, head and low back. Name of Public Employee Causing the Injury and Damage: County of Contra- Costa The amount claimed as of the date of present1tion and the basis of computation: Both parties are incurring medical expenses and loss of income and earnings in amounts which are not ascertainable at this time. Estimated damages for medical expenses, loss of earnings and pain and suffering for each party are as follows: Donna Secrest.. . .. . ..$250,000 Brenda Secrest. . . . . ..$150,000 PELLET AU, MOSES, LARSON ALD DATED: Z�L �� By ago CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: Unspecified given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". CLAIMANT: NICK GENTILE County Counsel ATTORNEY: AUG 2 5 1986 ADDRESS: 19 Tam 0 Shanter Road Date received Martinez, CA 94553 Alamo, CA 9450.7 BY DELIVERY TO CLERK ON: August 22 , 1986 BY MAIL POSTMARKED: August 21 , 1986 i. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: August 22 , 1986 BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2 (!�) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: l / (o By: � �Oeputy County Counsel III. FROM: Clerk of thY Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (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 minutes for this date. Dated: S E P 16 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov, code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'terved or deposited in the mail to file a court action on this claim, See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator CLAIM TO BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions 'to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 Car mail to P.O. Box 9.11, 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 ) neseTi ing stamps ) RECEIVED C� Against the COUNTY OF CONTRA COSTA) AUG ' sU OR VI as or DISTRICT) K ONa A O (Fill in name) ) 8�r • 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: ------------------------------------------------------------------------ l. When did the damage or injury occur? (Give exact date and hour) -------------------------L -------------------------------I------------- 2. Where did the damage or injury occur? (Include city and county) A) LIV ----------------------------------------------------------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) oo -e 01..E l�� n -------------------------------------=---------------------------------- 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? CT if, /Z o U Al C/ (over) 5. What are the names o(count or district officers,. I employees causing th r injury? S ' RdA (11 -- --------- Af e ' -- . 2- - ---- --- - -- ----- - --- -------- - ---- -- ------ 6. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) i o w� VA� 4 )hee � c�� 1�1 s SCJ al �„w- -- ---7. How as the--a unt_ _claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 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 Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or b 'someperson' on Ais behalf. ” Name and Address of Attorney C nt' s ign�ti e — /quo? a �I C� l A d ess A-✓y2 v Telephone No. Telephone No. cra O 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 t To Nick Gentile DATEME 'FROM Risk t anacement ~ sua�ECT claim F> �'R y sY'' Enclosed is a-form .:for your convenience i.n filing a. claim. = Please return the'` � x c6mpleted.,form to the office of the �R �, Clerk of the aoard of Supervisors �for , zJI , ' r ,,��rr roci$.g.L�1 L: :.+ t .... -.- .' '✓ .a rt. �,ti' y'-� V '�^ yl,vi. r t" 1 wST s-"> - � ,� 'y -.,i+ �'eix -x"'io" ;at „t'£ ?s'�r-.rc'•3_._��'Sa r'-t�n'fi'm`!q'�gxti�? ss. , I 4 4 s� t -SIGNED - PLEASE REPLY H r J� : >." � Mil TO -DATE rY ^. t . - - i TC ,.1 aY� -�S•1��9 -� J3 j� S Z4 Vi x '•SIGNED INSTRUCTIONS FILO IN TOP PORTION,RE '. MOVE DVKICAT61YELLOWI AND FORWARD REMAINING iw ` PARTS WITH CARBONS..TO REPLY, FILL IN LOWEYPORTION AND SNAP OUT.CARBON$,RETAIN Fo CA fA '$TRIPLICATE IPINKI AND RETURN ORIGINAL'" ;" - - CLAIM Al BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 16 , 1986 r, ,r^.d Board Action. All Section references are to ) The copy of this document mailed to you is your alifornia Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: "200 OOO OO given pursuant to Government Code Section 913 and Y ' 915.4. Please note all "WARNINGS". County Counsel CLAIMANT: MICHAEL HECTOR ONATE ATTORNEY: AU G 2 5 1986 ADDRESS: P. O. BOX 2000 Date received Martinez, CA 94553 Vacaville, CA 95688 BY DELIVERY TO CLERK ON: August 22 , 1986 BY MAIL POSTMARKED: not legible 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: August 25 , 1986 BY: Deputy , L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2 (\A This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: C- L-" cP& 2i�fLG� By: ";,'�-� �i CC.Cfc�CQDe�puty County Counsel II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ^) This Claim is rejected in full. { ) Other: I certify that this is a true and correct copy,of the Board's Order ter d in 'ts minutes for this date. SEP 161986 . _. Dated: PHIL BATCHELOR, Clerk, By. Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'terved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator RECEIVED AUG =986 , A' EUIW CLAIM FOR DAMAGES A END T D U gy o6uty COUNTY /CITY NOTE: Claims for bodily injury or death, damage to personal property,or, damage to growing crops must be filed not later than 100 days after the occurrence out of which the claims arose. All other claims must be filed not later than one year after the occurrence out of which the claims arose. (Refer to California Government Code Section 911.2) DIRECTIONS: File the original with the City or County Municipality of responsibility. j• ' NAME OF CLAIMANT: Mr �1rZ�C �•GN�<L Ilt'G OY . ' ;r Ms. (Last) (Insured or damaged party) (First) (Middle) ti r t HOME ADDRESS/PHONE: 1 ' D• �O� �O yQ (Number/Street) (City/State/Zip Code) (Phone Number BUSINESS ADDRESS/ f � ��• ri`�7 } PHONE: 44 x•'+;'+.t#.' ' <Bf: (Number/Street) (Cit State yl Zi l p Code) (Phone Number) DIRECTIONS: Indicate to which address you wish notices sent O HOME 0 BUSINESS WHEN DID INJURY OR DAMAGE OCCUR? hlorota y 11a' A.M (Month/Day/Year) (D/ Nay of Week (Time of Day) / 1 WHERE DID INJURY OR DAMAGE OCCUR? ��`�l%��' vA AT S.re% (Street address,intersecting streets,or other location) Yot Vi Jc, HOW DID INJURY OR DAMAGE OCCUR? 0 S/ Dy-�P, (Describe accident or occurrence in complete detail) �' �.��s itr1_ 1 ,fes r i NAMES OF CITY EMPLOYEES INVOLVED? WHAT ACTION OR INACTION OF CITY EMPLOYEES)CAUSED YOUR INJURY OR DAMAGES? ti%G�c < i ,�f1�!!Grt >�SSct uL dl/�!'�� ;�C C'c��✓e /io,1�'G G/ �JN��aZ fytct yT, WHAT INJURIES OR DAMAGES DID YOU SUFFER? Ye.4 l`i file fr /r/ 24 ZZW .""ei an+i F 4� TOTAL AMOUNT CLAIMED $ GLS G}�l�i I 71 t DIRECTIONS: Sian and date this Claim For Damages below. If the signer Is not the claimant Indicate ':Sa t,+ :`r•, f: the relationship of the signer to the claimant(parent,attorney,etc.) Ignature) (Month/Day/Year) -` (Relationship of signer,If not claimant) _ DIRECTIONS: Attach and include with this completed 'form any bills for medical treatment and expenses,and any estimates or bills for personal property damage. NOTE: 1`1I12-SEN 1'/11 ION Of- A 1-Al SI. 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L/G'�i�l�.• �✓A1c' /�'ly / Gf/lL'f C/Y /C'C�.�ff /'%S Wek �C AT� Zzi f i j STAT- 3 OF CA?,IP R31A gas FROC? CP 5MVZf!� COUNTY OF SO"10 I, tha undersigned, certify arA declare that I am a citizen cf tha -U itod States, over the age of 38 years, and not a party to tho Within actions I ash a resident of or employed in the Cowity 'aware tho mailing cccu---,-sd. My raaidence or businese add.-*so is i P.O. Boa 20009 , Vacaville, California I servad the foregoing by a nclag3r,4 a trate cdpa in a gamed envelope addressed to each persen whose names}-...aaaddreea in given below and depositing the enve-lope in the 'United Stites Mail with the postage full;: prepaid. (i ) Datar of •8 20 86 (2) Place of deposits P.O. Box 2000 Vacaville:, California I declare .under penalty of perjury that the foregoing is true and coa-Tact and that this declaration In eaacueed on (slate) s.8 20.86 . . . . . at(plaCe) . 'iacavil7.e.,.Cali,irc"Crnia. Michael H. Qnate (Ty-..A or p;ie t rsne) (Big—nature of daolarar-) NA- ANO ADLMS OF EACH P=SON TO WHOM NOTICS FSA LM Cbntrg Costa County Board of Supervisors. 651 Pine. St. Martinez,, California. Room 106 i CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: Unspecified given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". RECEIVED CLAIMANT: EDWINA SLOAN . AUG 21. 1986 ATTORNEY: COUNTY COUNSEL ADDRESS: 2435 Cherry Hills Dr. Date received MARTINEZ, CALIF. Lafayette, CA 94549 BY DELIVERY TO CLERK ON: August 19, 1986 BY MAIL POSTMARKED: August 15 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK C� DATED: August 19 , 1986 BY: Deputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2 (x) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: c:> By:�`��-'` ` r�CC C.Lf—rhe puty County Counsel III. FROM: Clerk of 6e Board TO: County Counsel (1) County Administrator (2) { ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. SEP 16 eggs Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally"served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator �_'1;AZM 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.fvBox 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 ) Reserve stamps hZECEIVED Against the COUNTY OF CONTRA COSTA) �.UG i�uJ or DISTRICT) a K o A sup IV: q� (Fill in name) ) �, �p,y 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: XRCT 1 When id the maye or n occurs (Give exa t at nd�o ) PATEa SB/�!z Yy e.A-✓`I, fl�� ' t�LL oK s ¢�. F ;o lvE,EjFS yF °u ��y.� / L y0 E Esq . fj.T/�E � c1Z _ l-r,�' F� 1; �.c ------- ------------ 2. Where did the damage or injury occur? (Include city and county) �PE��rT'Z f/ffL�E -- D17f�C.1I1�1✓L/7 dZmd DA , 3. How did the damagk or injury occur?/7_7Give full details use extra sheets if required) Coe-AJ olc 0ON%/X/,4 G'OS'Tf/ Cdfcr✓ Ty RF— /Z/e/n/�r/QC�/cT2 �/�LLFy, DT.9�C VP �rRf/v�L.j0 (rE7 c Z f1/fD /0 D lflV " ON/°,Qv��iE�T. �/cr'T,QOu lrf/T/9 �vEuJ /yS6' T�Yk A /9L/- o ve:A %rA K C /oi9i�✓T /S G/yi/`7vE�v�u�fieo� i✓'� lr.P�9vEL .�'„�/ Ei✓�_!f_/_e a 0 NtE N D Z D O �t/o J C L�//�'v /�_ 'To - �/ _z_1 m,cp ` S �1--J --� - 1_------ - 4 . What particular act or omission on the part of county or district officers , servants o emp�ees caused the in 'ury or damage? stlirla u 1 D1"V/74-le-le /3�Ei✓ �L o c/ e: oF-/� Dives S� D /'/Z e- &4�/�SQ �� To / (over) 5. What are the names of county or district officers,:_ sexear1ts•4,Aiz: _:,: I employees causing the damage or injury? J A10 W ------------------------------------------------------------------------- 6 . Whatdamage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto • damage) 1�8� 79O - 10a ----------------------------------------/ %"q --------------------------------- 7. How was the amount claimed above computed? (Include the est mated amount of any prospective injury or damage. ) u /L//, CST/i''�/�� 10 8--.--N--a-mes------and---addresses----------of-----witnessees ------------------------------------------ , doctors and hospitals. 7-4 N p Y 46�­ os �' si /4?,ex i 1A1, 2 --- - ------------------------------------------------------- 9. �-7'Li--st---'t-he---expen----ditures you made on account of this accident or injury: ;,DATE, ITEM AMOUNT X& 7 Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) orb soperson ori his behalf. " Name and Address of Attorney C1 m ' s ure .. ; ddre Telephone No. Te eph ne No.y� ************************************************************************** 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. " /-IZZ CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the .Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 16, 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: $150, 000. 00 given pursuant to Government Code Section 913 and ' 915.4. Please note all "WARNINGS". CLAIMANT: SARAH LYNN KELLY c/o Amiram J. Givon ATTORNEY:Attorney at Law 2255 Contra Costa Blvd. ADDRESS: Suite 207 Date received Pleasant Hill , CA 94523 BY DELIVERY TO CLERK ON: August 13 , 1986 BY MAIL POSTMARKED: August 12, 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK ; �� DATED: August 15 , 1986 BY: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: Gl G, 1�_)L, By: County Counsel 111. FROM: Clerk of the Board TO: County Counsel 0) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (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 minutes for this date. Dated: SEP 16 1986 PHIL BATCHELOR, Clerk, By , �� _i. Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator • AMIRAM J. GIVON ATTORNEY AT LAW 2255 CONTRA COSTA BOULEVARD,SUITE 207 PLEASANT HILL,CALIFORNIA 94523 (415)827-9990 August 11, 1986 Clerk Board of Supervisors County of Contra Costa 651 Pine Street Martinez , CA 94553 Re: Claim Against Public Entity In Re the Matter of: Dear Sir or Madam: SARAH LYNN KELLY Enclosed please find an : original and one copy of a Claim Against Public Entity prepared relative to the above entitled claim. Please file the original and return "received" stamped copy in return envelope provided. If any problems are encountered with the filing of this claim please feel free to contact me. V Etruli y o s , P Amiram J. G ' AJG:ac Encl: As Stated a RECEIVED ' In Re the Matter of: ) Al.iiY )3 Ielp.0 CLAIM AGAIN S PUB WDAY SARAH LYNN KELLY ) CL ons By Put,, TO: THE COUNTY OF CONTRA COSTA, CALIFORNIA, Claimant SARAH LYNN KELLY, hereby makes claim against the COUNTY OF CONTRA COSTA, California for the sum of $150 , 000 and makes the following statements in support of claim: 1. Claimant 's post office address is 529 Mission Place, San Ramon , California 94583 . 2 . Notices concerning the claim should be sent to AMIRAM J. GIVON, Attorney at Law, 2255 Contra Costa Boulevard, Suite 207 , Pleasant Hill, California 94523 . 3 . The date and place of the occurrence giving rise to this claim are May 24 , 198'6 at the intersection of Camino Tassajara and Sycamore Valley Road in danville, California. 4 . The circumstances giving rise to this claim are as follows : The COUNTY OF CONTRA COSTA, its employees and agents , negligently designed, constructed, maintained, controlled, supervised, and modified the above-mentioned intersection , and negligently designed, constructed, maintained, and controlled, a concrete barricade and other traffic controls along and near said inter- section. As a result of this negligence, at the date and place of the occurrence, a motor vehicle driven by JAQUELINE SHINAULT struck a concrete barricade located at or near said intersection proximately causing the injuries to claimant as claimed herein. 5. Claimant 's injuries include but. are not limited to a broken ankle, shock, trauma, emotional distress, loss of income, abrasions, contusions, muscle strains, and pain and suffering. 6. The names of the public employees causing the claimant 's injuries are presently unknown. 7 . The amount of claim as of this date is $150,000 as to each claimant. This figure is computed on the basis of claimant 's special and general damages to date. Dated: c AMIRAM J. GI , AtJN�NKELLY y for Claimant S RAH -2- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION ' aim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 16, 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Section 913 a n d Amount: Unspecified 915.4. Please note all "WARNINGS". CLAIMANT: DOROTHY A. GRAHAM ET AL C/o Fisher & Hurst ATTORNEY: Attn : Stephen C. Kenney, Esq. Moris Davidovitz , Es ADDRESS: Four Embarcadero Center Esq. received August 13 , 1986 25th Floor BY DELIVERY TO CLERK ON: San Francisco, CA 94111-4132 August 12 , 1986 BY MAIL POSTMARKED: uerti-ried P017967631 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: August 15 , 'L9R6 BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors f"1/'1 This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for lei ve to present a late claim (Section 911.3). ( ) Other: Dated: 6(— ?A­�, By. - -u-�D y County Counsel III. FROM: Clerk of thW Board TO: County Counsel ('1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By_unanimous vote of the Supervisors present (X) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct, copy of the Board's Order me d in its minutes for this date. Dated: SEP 1 6 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally '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 nonsuit an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator STEPHEN (:. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OF C.�l FISHER �S HURST qU r V�L; 1 FOUR EMBARCADERO CENTER SAN FRANCISCO, CALIFORNIA 94111 er Qfq A )9�6 2 TELEPHONE (415) 958-8000 h C S Fp0 3 4 �' 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 6 JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA . 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY Claimant, ) 13 V. 14 ) COUNTY OF CONTRA COSTA, ) 15 ) Respondent. ) 16 ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is as follows: 23 DOROTHY A. GRAHAM, as the Executor of the 24 ESTATE OF JAMES M. GRAHAM c/o FISHER & HURST 25 Attn: Stephen C. Kenney, Esq. Moris Davidovitz, Esq. 26 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires 2 notice of this claim to be sent is as follows : 3 Stephen C. Kenney, Esq . Moris Davidovitz , Esq. 4 FISHER & HURST Four Embarcadero Center, 25th Floor 5 San Francisco, California 94111-4132 6 3 . On December 23 , 1985 , in the City of Concord, County of Contra Costa, California, James M. Graham, John Frederick 7 Lewis and Brian Ward Oliver, were occupants of a Beechcraft Baron BA55A Aircraft, FAA Reg . No . N1494G, when said aircraft 8 crashed while attempting a landing at the Concord Buchanan Field Airport . All three occupants of said aircraft were 9 killed in the crash. Stephan Evangelista, Catherine Evangelista , Danielle, Stephanie and Justin Evangelista, 10 minors by and through their Guardian Ad Litem, Lourdes Evangelista, Stephanie and Danielle Evangelista claim to have 11 been injured in the crash, which occurred at the Sun Valley Mall, located in the City of Concord, County of Contra Costa , 12 California . 13 4 . The County of Contra Costa is responsible for the design, construction, maintenance, operation, and 14 certification of the Concord Buchanan Airport , and control of its use. The County of Contra Costa is further responsible 15 for the certification, permission, approval, and the provision of zoning and ordinances permitting the construction of the 16 Sun Valley Mall , attracting a great number of persons, in close proximity to the Buchanan Field Airport , and below and 17 directly within a heavily traveled air corridor in the vicinity of the airport . 18 5 . On April 1, 1986, a complaint for damages was filed 19 in the Superior Court of the State of California, In and For the County of Contra : Cost-a, by Stephan Evangelista, Catherine 20 Evangelista, Danielle, Stephanie and Justin Evangelista , minors by and through their Guardian Ad Litem, Lourdes 21 Evangelista . (A true and correct copy of said complaint , Action No . 284590, is attached hereto as Exhibit "A" , and 22 incorporated herein by reference) . The complaint alleges , inter alia, that on December 23 , 1985 , decedent James M. 23 Graham and others negligently operated and controlled the subject aircraft, causing it to crash while attempting a 24 landing at the Concord Buchanan Airport . Said complaint was served upon claimant, Estate of Graham, on or about August 6 , 25 1986 . 26 6 . If, in fact, plaintiffs Stephan Evan9elista, Catherine Evangelista, Danielle, Stephanie and Justin Evangelista, minors by and through their Guardian Ad Litem, Lourdes Evangelista, sustained damages as alleged in their complaint in Action No. 284590, said damages were caused by the primary and active negligence or other fault of the County -2- of Contra Costa. Claimant, therefore, alleges that it is 1 entitled as a matter of law to indemnity from the County of Contra Costa for any judgment or 2 settlement in favor of plaintiffs, Stephan Evangelista, Catherine Evangelista, Danielle, Stephanie and Justin 3 Evangelista, minors by and through their Guardian Ad Litem, Lourdes Evangelista, together with claimant ' s attorneys ' fees 4 and costs . 5 7. Further; if claimant is liable to plaintiffs, Stephan Evangelista, Catherine Evangelista, Danielle, 6 Stephanie and Justin Evangelista, minors by and through their Guardian Ad Litem, Lourdes Evangelista, it will be because of 7 the comparative negligence or other fault of the County of Contra Costa . Accordingly, claimant alleges that the County 8 of Contra Costa is required by law to contribute to the amount of any judgment or settlement in favor of plaintiffs, Stephan 9 Evangelista, Catherine Evangelista, Danielle, Stephanie and Justin Evangelista, minors by and through their Guardian Ad 10 Litem, Lourdes Evangelista, in accordance with the comparative degree and nature of its fault in causing said plaintiffs ' 11 damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any such judgment 12 or settlement which is in excess of claimant ' s proportional share thereof, if any, as determined by the comparative degree 13 and nature of the respective fault in causing plaintiffs' damages, if any. 14 8 . As of the date of the filing of this claim, the 15 extent of the damages and injuries incurred by plaintiffs in the above-mentioned action is unknown to claimant, and will be 16 determined in the aforementioned, pending litigation. 17 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 18 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant . 19 10. At the time of the presentation of this claim, 20 claimant seeks the 'total amount of potential recovery by plaintiffs in Contra Costa County Superior Court Action No. 21 284590, (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra 22 Costa to provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a 23 result of the complaint brought by plaintiffs Stephan 24 25 26 -3- 1 Evangelista, Catherine Evangelista, Danielle, Stephanie and 1 Justin Evangelista, minors by and through their Guardian Ad Litem, Lourdes Evangelista, against claimant, in Superior 2 Court Action No. 284590, filed in the Contra Costa County Superior Court . 3 DATED: August ��; 1986 . - '17 4 FISHER & HURST BY: 6 MORES DAVIDOVITZ�,.Attorneys for Claimant, ,POROTHY A. 7 GRAHAM, as tP,6 Executor of the ESTATE OF S M. GRAHAM, 8 Deceased. 9 10 11 12 13 1'4 15 16 17 18 19 20 21 4 22 23 24 25 -4- 26 I WILLIAM G. LEWIS McCRAY & LEWIS 2 A Law Corporation 433 Turk Street 3 San Francisco, CA 94102 (415) 775-3900 U-R - 1 19:85 4 Attorneys for Plaintiffs f, IHIS�A f ' S IEVA14GELISTA FAMILY 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 STEP1AN EVANGELISTA, } NO. 2 9 0 CATHERINE EVANGELISTA, ) 12 DANIELLE , STEPHANIE and ) COMPLAINT FOR DAMAGES JUSTIN EVANGELISTA, ) 13 Minors By And Through ) Their Guardian Ad Litem, ) 14 LOURDES E VAN GE L I S TA,' ) 15 Plaintiffs , ) 16 v. ) 17 SUN VALLEY SHOPPING CENTER, ) R.H. MACY, INC. , ESTATE OF ) 18 JAMES MOUNTAIN GRAHAM, ) ARK DISTRIBUTING COMPANY, ) 19 BEECH AIRCRAFT CORPORATION, ) TELEDYNE-CONTINENTAL COR- ) 20 PORATION, CITY OF CONCORD, ) COUNTY OF CONTRA COSTA, ' ) 21 and DOES 1-200, Inclusive , ) 22 Defendants . ) 23 24 25 26 EXHIBIT - 1 - Plaintiffs allege; 2 FIRST CAUSE OF ACTIO`, 3 4 (NEGLIGENCE) 5 Plaintiffs are ignorant of the true names and capacities of 6 Defendants DOES 1-200 and therefore sues said Defendants by such 7 fictitious names . Plaintiffs will amend this complaint to allege 8 the true names and capacities of these Defendants when the same are 9 ascertained. Plaintiffs are informed and believe and thereon allege 10 that each fictitiously named Defendant is in some manner legally 11 responsible for the Plaintiffs ' injuries as alleged in this 12 complaint . 13 2 . At all times mentioned in this complaint each of the Defendants 14 including each of the DOE Defendants was the agent , servant, employ- 15 ee or otherwise acting in concert with each of the other Defendants 16 and was acting within the scope of such agency, service or employ- 17 mens in doing the acts complained of in this action . 18 3. Defendant SUN VALLEY SHOPPING CENTER (hereafter "SUN VALLEY") 19 , is a business entity whose legal capacity is presently unknown. 20 SUN VALLEY owns , operates , maintains and controls a shopping mall in 21 the City of Concord, Contra Costa County, California. SUN VALLEY 22 rents and/or leases space within the shopping mall to various 23 businesses, including Defendant R.H. MACY, INC. 24. 4. Defendant R.H. MACY, INC. (hereafter "MACY") , is a corporation 25 licens.ed to do business in the State of California. MACY maintains 26 a department store in the SU14 VALLEY Mall in Concord, California, 2 I where it invites members of the general public to enter and purchase merchandise for MACY' s profit. 2 3 5 . Plaintiffs are informed and believe and thereon allege that the 4 Defendant ESTATE OF JAMES MOUNTAIN GRAHAM (hereafter "GRAHAM") is 5 admitted to probate in the County of Alameda , California, and is the 6 ( legal entity responsible for settling the affairs of Decedent James 7 ! Baron iMountain GRAHAM. GRAHAM was Pan owner and o erator of a Beechcraft 8 Aircraft , :Model No. 95A-55 , Registration No. N1494G, on 9 December 23, 1985 . 10 6. Defendant ARK DISTRIBUTING COMPANY (hereafter "ARK") is a busi- 11 ness entity whose capacity is unknown at this time . On December 23, 12 1985 , ARK was an owner and operator of a Beechcraft Baron Aircraft, 13 Model No. 95A-55 , Registration No. N1494G. 14 7. Defendant BEECH AIRCRAFT CORPORATION (hereafter "BEECH") is a 15 business entity whose capacity is unknown at this time. BEECH is 16 the manufacturer of the Beechcraft Baron Aircraft , Model No. 95A-55 , 17 Registration No. N1494G, operated and owned by GRAHAM and ARK on 18 December 23, 1985. 19 8. Defendant TELEDYNE-CONTINENTAL CORPORATION (hereafter "TELE- 20 DYNE") is a business entity whose capacity is unknown at this time . 21 TELEDYNE is the manufacturer of the engine ih the Beechcraft Baron 22 Aircraft referred to above . 23 9 . Defendant CITY OF CONCORD (hereafter "CONCORD") is a municipal 24 corporation located in Contra Costa, California, and has municipal 25 authority over Buchanan Field Airport and SUN VALLEY Shopping Center 26 which are located within its municipal boundaries . 3 - 1 10 . Defendant COUNTY OF CONTRA COSTA (hereafter "CONTRA COSTA") is 2 a municipal corporation in which the City of CONCORD, California, 3 is located. CONTRA COSTA had municipal authority over Buchanan Field 4 Airport and SUN VALLEY Shopping Center which are located within its 5 municipal boundaries . 6 .11 . Defendants DOES 1-50 are unknown architects , engineers , arc,.-,i- 7 tectural firms , engineering firms and others who advised SUN VALLEY 8 and MACY to locate their businesses in close proximity to Buchanan 9 Field Airport and/or designed the buildings and structures located 10 thereon . 11 12 . On or about December 23 , 1935 , Defendants SbN VALLEY and DOES 12 1-25 so negligently and carelessly designed, owned, maintained, 13 operated, controlled, rented and leased the premises known as the 14 SUN VALLEY 1--1all in that the property was located within close proxi- 15 mity of Buchanan Field Airport . These Defendants knew or should 16 have known that locating such premises within such proximity would 17 create a forseeable risk of harm to persons on and about the pre- 18 mises from planes taking off and landing at Buchanan Field Airport. 19 Such negligence was the proximate cause of the damages to Plaintiffs 20 described below. 21 13 . On or about December 23, 1985 , Defendants MACY and DOES 26-50 22 so negligently and carelessly designed, owned, maintained, operated, 23 controlled, rented and leased the premises located within SUN VALLEY 24 Mall , C0NCORD, California. These Defendants knew or should have 25 known that locating their business within a close proximity to 26 Buchanan Field Airport would create a forseeable risk of harm to 4 - II� 1 j-Irersons on or about their premises from planes taking off and land- 2 ° .;:g at Buchanan Field Airport . Such negligence was the proximate i 3 and legal cause of the damages to Plaintiffs described below. 4 +i14 . On or about December 23, 1985 , James Mountain GRAHAM and 1 5 jDefendant ARK Distributing Company so negligently and carelessly o towned, operated , maintained and controlled a Beechcraft Baron 1 Aircraft , Model No . 95A-55 , Registration No . N1494G, as to cause the 8 (Iaircraft to crash into MACY ' s at SUN VALLEY Mall proximately causing 9 (the damages to Plaintiffs described below. 10 115 . Defendant BEECH so negligently and carelessly designed, manu- 11 factured, distributed, maintained and repaired a Beechcraft Baron 12 Aircraft , Model No . 95A-55 , Registration No . N1494G , so as to cause 13 the crash at SUN VALLEY Mall on December 23 , 1985 . Said negligence 14 was the proximate and legal cause of the injuries to Plaintiffs 15 described below. 16 16. Defendant TELEDYNE so negligently and carelessly designed, mann 17 factured, distributed, maintained and repaired the engine of the 18 Beechcraft Baron Aircraft referred to above so as to cause the crash 19 at SUN VALLEY Mall on December 23, 1985 . Said negligence was the 20 proximate and legal cause- of the injuries to Plaintiffs described 21 below. 22 17 . Defendants DOES 51-75 so negligently and carelessly maintained 23 and repaired that certain Beechcraft Baron Aircraft referred to 24 ; above as to proximately cause it to crash into SUN VALLEY Mall on 25 ( December 23, 1985 . Such negligence was the proximate cause of the 26 ' damages to Plaintiffs described below. 5 - 1 18 . As a proximate result of the nesiliZence of Defendants and each 2 of them, Plaintiffs have required medical care and attention and 3 will require medical care and attention in the future all to their 4 damage in a sum not yet know. Plaintiffs will amend this complaint 5 to state the true amount of such damages when the same have been 6 ascertained. 7 19 . As a further and proximate result of the negligence and care- 8 lessness of Defendants and each of them,' Plaintiffs have been 4 generally damaged in an amount in excess of the jurisdictional 10 minimum of t :is Court. 11 20 . As a further and proximate result of the negligence of Defen- 12 dants and each of them, Plaintiffs STEPH.AN and CATHERINE EVANGELISTA 13 were unable to attend to their usual occupations and employment and 14 will be unable to attend to their usual occupations and employment 15 in the future all to their damages in a sum not yet known . Plain- 16 tiffs will amend this complaint to allege the true amount of said 17 damages when the same are ascertained. 18 Wherefore Plaintiffs pray for damages as set forth below. 19 SECOND CAUSE OF ACTION 20 (PRODUCTS LIABILITY) 21 22 21 . Plaintifs reallege and incorporate by this reference as though 23 set forth at length each and every allegation contained in para- 24 graphs 1-20 of the First Cause of Action. 25 22 . Defendant BEECH was at all times mentioned in this complaint 26 in the business of designing, manufacturing , assembling and selling - 6 - 1! ANk 1 aircrafts for use by members of the general public . 2 23. Defendant TELEDYT"4E was at all times herein mentioned in the 3 business of designing, manufacturing, assembling and selling engines 4 for use in Beechcraft Baron Aircraft for use by members of the 5 general public. 6 24. Defendant BEECH defectively designed, manufactured and assembl- 7 ed that Beechcraft- Baron Aircraft , Yodel No . 95A-55 , Registration 8 No . N1494G, that crashed into the SL"I VALLEY Niall on December 23, 9 1985 . 10 25 . Defendant TELEDYNE defectively designed, manufactured and 11 assembled the engines in the Beechcraft Baron Aircraft referred to 12 above that crashed into the SUN VALLEY Mall on December 23, 1985 . 13 26 . As a proximate result of the defective design, manufacture and 14 assembly of the Beechcraft Baron Aircraft and its engines mentioned 15 above , the aircraft crashed into the SUN VALLEY r:all on December 23 , 16 1985 , proximately causing the damages to Plaintiffs alleged in the 17 First Cause of Action. 18 Wherefore Plaintiffs pray damages as set forth below. 19 THIRD CAUSE OF ACTION 20 (11EGLIGENT INFLICTION OF EMOITONAL DISTRESS) 21 22 27. Plaintiffs reallege and incorporate by this reference as though 23 set forth at length each and every allegation contained in Para- 24 graphs 1-20 of the First Cause of Action. 25 28. On or about December 23, 1985 , Plaintiffs CATHERINE EVANGELISTA 26 DANIELLE EVANGELISTA, STEPHANIE EVANGELISTA and JUSTIN EVANGELISTA 7 - Ask 1 were on the premises of Defendants MCY and SUN VALLEY Shopping 2 Center. 3 29 . Immediately prior to the accident Plaintiff CATHERINE EVANGE- 4 LISTA, the natural mother of Plaintiffs STEPHANIE , DANIELLE and 5 JUSTIN EVANGELISTA, and JUSTIN EVANGELISTA, the natural brother of 6 , STEPAHNIE and DAIN'IELLE , became separated from STEPHANIE and DANIELLE . 7 130 . Immediately after the crash, Plaintiffs CATHERINE and JUSTIN 8 EVANGELISTA observed an explosion , smoke , fire and flames in the 9 immediate vicinity of where DANIELLE and STEPHANIE had last been 14 seen. 11 131 . The conflagration and the confusion of terrified shoppers 12 fleeing the building prevented CATHERIi1E and JUSTIN from returning e 13 to the area where STEPHANIE and DANIELLE had last been seen. 14 32 . CATHERINE and JUSTIN knew that STEPHANIE and DANIELLE had been 15 severely injured in the accident but were unable to locate them 16 amid the smoke and flames and general confusion. 17 33 . CATHERINE and JUSTIN were subsequently reunited with STEPHANIE 18 and DANIELLE at the hospitals to which the latter were taken for 19 treatment of serious burn injuries . 20 34 . As a proximate result of- the negligence of Defendants anal each 21 of them Plaintiffs suffered shock, fright , anxiety and severe 22 emotional distress upon the sensory and contemporaneous observation 23 of the accident all to their damage in an amount to be proven at 24 the trial of the action. 25 Wherefore Plaintiffs pray for damages as set forth below. 26 8 - Aft 1 FOURTH CAUSE OF ACTIO? 2 (MUNICIPAL LIABILITY) 3 35 . Plaintiffs reallege and incorporate herein as though set forth 4 at length each and every allegation contained in Paragraphs 1-20 of 5 their First Cause of Action. 6 l 36 . Plaintiffs have filed timely claims against Defendants CONCORD 8 and CONTRA COSTA and said claims have been rejected. 37 . Defendant SUN VALLEY is and at all times mentioned in this 9 10 complaint was located within a forseeable zone of danger from air- 11 craft flying into and out of Buchanan Field Airport . 38. Defendants CONCORD and CONTRA COSTA knew, or should have known 12 13 that permitting Buchanan Field Airport and SUN VALLEY to conduct 14 their respective operations within such close proximity to each 15 other would create an unreasonable risk of harm to patrons and 16 others on or in the vicinity of SUN VALLEY Shopping Mall . 17 39 . Said municipal Defendants so negligently permitted the design, 18 planning, construction, maintenance and operation of SUN VALLEY and 19 Buchanan Field Airport in such close proximity to each other as to proximately cause the crash at SUN VALLEY on December 23, 1985 . 20 40 . Said negligence of the municipal Defendants was the p=oximate 21 cause of the injuries to Plaintiffs complained of herein. 22 23 24 25 26 9 - 1 Wherefore Plaintiffs pray for damages as follows : 2 1 . For general damages according to proof presented 3 ! at trial; 4 2 . For special damages for medical care and expenses and 5 lost earnings according to proof presented at trial ; 6 3. For costs of suit ; 7 4. For prejudgment interest pursuant to Civil Code 8 , Section 3291 ; and 9 5. For such other and further relief as this Court 10 deems just and proper. 11 12 Dated: - March 27 , 1986 Respectfully submitted, 13 McCRAY & LEWIS A Law Corporation 14 15 By 1 &�' t . 16 WILLIAM G. LEWA 17 Attorneys for Plaintiffs EVA14GELISTA FAMILY 18 19 20 21 22 23 24 25 26 10 - CLAIM 1' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District governed by) ':e Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: $1, 000, 000. 00 given pursuant to Government Code Section 913 a n d 915.4. Please note all "WARNINGS". County Counsel CLAIMANT: RITA AYERS-LANGSTON ET AL c/o Wayne J. Johnson AUG w 11986 ATTORNEY: Attorney at Law P.O. Box 30712 Martinez, CA 94553 ADDRESS: Oakland, CA 94604 Date received August 18 , 1986 BY DELIVERY TO CLERK ON: P BY MAIL POSTMARKED: August 15 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: August 19, 1986 BY: Deputy , L. Ha II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated - �4 By: �. puty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�) This Claim is rejected in full. ( ) Other: .1 certify that this is a true and correct copy of the Board's Or me ed in .its minutes for this date. Dated: SEP 16 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally''served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator 363 171h Street �ZC Oakland, CA 94612 rT� P.O. Box 30712 Wayne J. Johnson Ll �D Oakland, CA 94604 ATTORNEY AT LAW P (415)465-8944 August 14, 1986 AUG�O 1986 Clerk of the Board er<...• , o�F"��oR of Supervisors for s 'SoeS Contra Costa County 651 Pine Street, #106 Martinez, CA 94553 Re: Claim with the County for Personal and Property Damage Pursuant to Government Code Sections 900 et . seq. Claimants: Rita Ayers-Langston, Elve Langston, and unborn fetus Address: 4365 San Pablo Dam Road, E1 Sobrante, California Date: May 24, 1986 Time: 8:30 p.m. Agency: Contra County Sheriffs Department Employees: F . Battles, J. Rose, and other officer of the Sheriff' s department whose names are unknowm Circumstances: On May 24, 1986, the claimants were exiting vehicle when they were accosted by California Highway Patrol Officer . The confrontation became violent and Contra Costa Sheriffs F. Battles, J. Rose and other Sheriffs arrived and assited the Patrol Officer in arresting the claimants without first making an independent evaluation of the situation. Sheriff' s deputies used unreasonable force causing further injury to claimants and claimants' unborn child. Claimants' vehicle, 1975 Chevrolet Corvette was willfully and maliciously towed without the use of the cradle snatcher, which was available, at the direct orders of one of the officers causing claimants' additional and unnecessary damage coupled with the towing expenses. The vehicle was already parked at claimants' residence and there was no need to move it . Damages: Violations of the Claimants' Constitutional rights, mental distress, pain and sufferring, humiliation, loss of sense of pride, dignity, and security as American citizens. Property damage and costs of towing. Requested recovery: $1,000 ,000 .00 SuVnitt f b , Tray // ohnson on be 17'f Claimants WJJ/mmi CLAIM /wlL BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against' the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: $1 , 000, 000. 00 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". County Cot)nao) CLAIMANT: RITA DELORES AYERS-LANGSTON ET AL AUG 2 5 1986 c/o Wayne J. Johnson ATTORNEY: Attorney At Law Martinez, CA 94553 363 17th Street ADDRESS: Oakland, CA 94604 Date received BY DELIVERY TO CLERK ON: August 21 , 1986 BY MAIL POSTMARKED: August 20 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: August 22, 1986 BY: Deputy. r -c L. Hall II. FIt0-M: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ,6'-m 4-6: C -�. By: ��/t—«���-/Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (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 s minutes for this date. Dated: S E r 16 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'terved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator r..LAIM TO i BOARD OF SUPERVISORS OF CONTRA CO*;_ZrrgWxapplication to: Instructions to ClaimantVerk of the Board Martinez.Califomia94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the -cause of action. (Sec. 911.2, Govt. Code) 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, separat_ e ,claims luat be filed against each public entity. E. " Fraud.-' See '-penalty for fraudulent claims, Penal Code Sec. 72 at end -obis form. RE: Claim by )Reserved for Clerk's filing stamps RITA DELORES AYERS-LANGSTON. ELVE ' ' LANGSTON, and Unborn Fetus RECEIVED Against the COUNTY OF CONTRA COSTA) AUG �-/1Owe 6 ) or DISTRICT) (Fillin name I�KeOAS syty The undersigned claimant hereby makes claim against the County of Contra Costa or th'e above-named District in the sum of $ 1,000,000.00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour] ,..Owor about May 24, 1986, at approximately 8:30 p.m. until 12:00 a.m. ..-�. In, -. he .-- .r-.-- T- -• -------T- -------------------••--------------------- Where aid taamage or in3ury occur? (Include city and county) 4365 San Pablo Dam Road, E1 Sobrante, Contra Costa County, California -T----------------------------------------------fu- ----T -------------- 3. How did the damage or injury occur? (Give ll details, use extra sheets .if' required)-(Automobile d=' 4ge from unlawful tow. Claimants are unsure 117hidh'- officer' gave the order to tow--the-vehicle without cradle 6natcher-�adding damage.) Claimants were beaten by an .officer of the California Highway Patrol who jabbed the pregnant mother in the mid-section. Sheriff's deputies F. Battles and J. Rose arrived- and applied idditionil-force while cliamant were handcuffed. 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Failure to use reasonbale .care and good judgment in securing otherwise unlawful arrest and failing to use reasinable 'eare and good judgment in towing claimant's vehicle. (over) 5. What are the names of county or district officers, servants or- employees `�causing the damage or injury? F. Battles, J. Rose, and Does 1-20, inclusive, officers of the Sheriff's Department whose names are unknown at this time. 6. -What damage or injuries do you extent of injuries or damages claimed. Attach two estimates for auto - damage) Knots and bruises, and mild contusions to bodies of both claimants, possible damage _ to-'-unborn fetus,--towing bill; and damage to_aut000bile: —�------- 7. How was the amount claimed above computed? '(Include -the estimated_ , amount "of any prospective injury or 'dan►age: ) - Pain and Buffering, -violations'`of-constitutional ilghts, humiliatfon, to Pain" pride dignity, security, and property damage ------------------------------------------------------------------------- 8. a aures and addresses of witnesses, doctors and hospitals. Martinez County Hospital, East Bay Fertility OB - GYN Medical Group, Inc. 1310 Tara Hills Drive, Suite A Pinole, CA 94564 ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Supplid upon request t Govt. ;Code Sec. 910-.2 pr t.vides : "The dlei,m. i.gned .by._the 1 claimant SEND NOTICES TO: (Attorney) or b ' mo ` `ers-on"o' •. 's )behalf. " Name and Address of Attorney Wayne J. Johnson, Attorney at Law 4365 an. aotbam �os �ature Law Offices 4 363 - 17th Street, Mezz. E1 Sobrante s CA P.O. Box 30712 �PgkenCdL lh604 (415) 465-8944 Telephone No. (415) 232-1948 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. " dj. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 16, 1936 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: $150, 000 given pursuant to Government Code Section 913 an 915.4. Please note all "WARNINGS", ED CLAIMANT: JAQUELINE SUZANN SHINAULT AUG 2 1 1986 C/o David J. Larkin CouNn• COUNM ATTORNEY: Attorney at Law MARTINEZ, CALIF. 2255 Contra Costa Blvd. ADDRESS: Suite 207 Date received Pleasant Hill , CA 94523 BY DELIVERY TO CLERK ON: August 18 , 1986 BY MAIL POSTMARKED: August 17 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: August 19 , 1986 BY: Deputy l L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2 (/ ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: C;P/, / w By: Lc 4CJL_. ,e_��eputy County Counsel III. FROM: Clerk of t e Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (� This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: SEP 16 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov, code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator In Re the Matter of: ) CLAIM AGAINST BLIC ENTITY JAQUELINE SUZANN SHINAULT ) RECEI`IED AUG If 199E6 TO: THE COUNTY OF CONTRA COSTA, CALIFORNIA, a oN suv°a sons By . . .. .(.. .......... .. ry Claimant JAQUELINE SUZANN SHINAULT, hereby m against the COUNTY OF CONTRA COSTA, California for the sum of $150 , 000 and makes the following statements in support of claim: 1. Claimant 's post office address is 1512 Ashwood Drive, Martinez , California 94553 . 2 . Notices concerning the claim should be sent to DAVID J. LARKIN, Attorney at Law, 2255 Contra Costa Boulevard, Suite 207 , Pleasant Hill, California 94523 . 3 . The date and place of the occurrence giving rise to this claim are May 24 , 198-6 at the intersection of Camino Tassajara and Sycamore Valley Road in Danville, California. 4 . The circumstances giving rise to this claim are as follows : The COUNTY OF CONTRA COSTA, its employees and agents , negligently designed , contracted, maintianed, controlled, supervised, and modified the above-mentioned intersection , and negligently designed, constructed, maintained, and controlled, a concrete barricade and other traffic controls along and near said intersection. As a proximate result of this negligence , at thedate and place of the occurrence , a motor vehicle driven by claimant struck a concrete barricade located at or near said intersection, proximately causing the injuries to claimant as claimed herein . r, 5. Claimant ' s injuries include but are not limited to facial lacerations and scars , shock, trauma, emotional distress , loss of income, abrasions , contusions , muscle strains , and pain and suffering. 6. The names of the public employees causing the claimant ' s injuries are presently unknown. 7. The amount of claim as of this date is $150, 000 as to each claimant . This figure is computed on the basis of claimant ' s special and general damages to date. Dated: UWI YyV D J. ;ARIJAN, Attorney for Claimant AQUELINE SyZANN SHINAULT -2- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 16, 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice.of the action taken on your claim by the Board of Supervisors (Paragraph IV below). Amount: $375 . 00 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". RECEIVED CLAIMANT: ROBERT. CFARI,ES WOODBUM AUG 2 1 19$6 ATTORNEY: COUNTY COUNSEL ADDRESS. 2237 Sherman Court Date received MARTINEZ, CALIF. Antioch, CA 94509 BY DELIVERY TO CLERK ON:. Aiigust 18 , 1986 BY MAIL POSTMARKED: August 17 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: August 19 , 1986 BY: Deputy Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (�) This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By:. ty County Counsel II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (x) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order enter d in its minutes for this date. Dated: SEP 16 1986 PHIL BATCHELOR, Clerk, By ' Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally''served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CO* Wappiication to: Instructions to ClaimantC'•erkofthe Board P.O.Box 911 Martinez,California 94558 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 Por fraudulent claims, Penal Code Sec. 72 at end his form. RE: Claim by 8-16_e�o )Reserved for Cler ' ng stamps 906e4 dooA 6 u zz �� •,,s .'� i RECEIVED l,Ln�ivcl� C'a. 9 ySo q ) Against the COUNTY OF CONTRA COSTA) AU or e+;aZ_ DISTRICT) 4 "L ISOM (Fill n ame) 0 t OXY sy ... . .c. . The undersigned claimant hereby makes claim ag the County of Contra Costa or the above-named District in the sum of $ Thi• ho Nch_e mer, F,VeAe11''� and in support of this claim represents as follows: �. When did the damage orn�ury occur? (Give exact date and hour] /q0 HlZS. �. W�iere did tie damage or in�yry occur? �Inciude city and county) Com.+ ...Cos•-�-z_ Coup WORK Furzbogi, Cen+e-r eR6\, + _ _ _ Car4f_ 3. How did the damage or injury occur? (Give �uIS detail"s, use sheets -- sheets if required) m y tt.t-�c �� ,�.d b,e�U+ " stot-��'e On ori (0-ra-SG r -fey eot -�6 ic-K v P � r� cmc ) C��v►��e miss/ 'T /NG4 II y PL) e hqV �oS�a �" 4. What particular act or omission on the part of county or district .officers, servants or employees caused the injury or damage? 'PAX fio��er�" WO-5 NO-� 0� IN A SAFE y P -C, r (over) 5. What are the names of county or district offs_ cera, servants or employees causingth�f, damage or injury? : . . yINOUbt 67RER damage or injuries do you claim-resulted?7ZG ve full extent of injuries of damages claimed. - Attach two estimates for .auto damage) �. 7300 .0 , Cf _ 7. Bow was the amount claimed above computed? (Include he testimated amount of�-"- ag�y prospectsya injury or damage. ) 0. 4e4a� �ropct-+y ►os-f t15+ 1S orn � 1ACA PO "9g0t -� Sv kms` c 3 -o+�.2 commas `{a ��8?,Sa PP p� - . ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. W 9 . 3. Llst -the expenditures .you made on account of this accident or injury: DATE . ITEM AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " N4me .and Address of Attorney I ev1at���$ ©c��clfirrl/ : Claimant's S gnature c-f Add -5 Telephone Noe 1 �c�— �D o2,(� 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." * INCIDENT"AEPORT * a CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT _,. INCIDENT INCIQENT: �CvS % /�,�/.c/l �� ,r7 '' ILITY,• (,UFC REPORT #: TE/TIME JYcv yet• DATE/TIME LOCATION: L(LF'( • �� >x CURREDREPORTED: HOUSING - t' . — " 'Ij�P? 'INMAT 3 iOKING wASSIGNMENT: firs . ast • WITNESSES) -- LIST 'fame - .Address , t+� If an inmate, give booking ; - SYNOPSIS •it o,X, re- /1010,01AWA "NARRATIYE: iJ '` rig / ��� :i .� .' �`i'. '`_. Pu,d w AJsj' *' (,OVSj A, 4A,*f` * pi' 1 64 QUA' ?" �,s l� 7�1 J ,fax`. r`:.c✓. �,� F �r3 c,u A 0 re GUc,°u p,C�ver as r/7�J tfUk WA 5 SrT ojeo, a41•�yS frt r':. rC� }�Ns�;�W 7,lw' /i+t� 'f�t �• �t1l�t - " . ., 102 �UooDBv�Nc= C� Alf (�ra �a -7 t� •tj j'/ A v �"� /.�Y ..vr�f �+tS��r ACTION 'TAKEN/RECOMMENDED: C E�" i�XUPERV R # NS DIRECTOR # O.D...FOUTING •INSTRUCTIONS ,_ ,_. ... ::•White to Fac3 l int Mena er . Ye l ow to Bobn •'i 2 e i4`t6lhmate: Gold to"' Y �~ :ane of ; - , •,�. * -INCIDENT REPORT SUPPLEMENT CONTRA COSTA:COUNTY,##iERJFF':, " DEPARTMENT. DATE OF // INCIDENT 1 DATE: i?7• L. ORIGINAL_ b',7.�C `.: -NCIDENT: OS' Jlw 01r, REPORT . :.. '•HOUSING :INMATE: 0 8e- : OOKING #: - 4%ASSIGNMENT: , Las arstMiddle CONTINUATION • �ArfMENIS�iNARYNVETION : :NARRATIVE%INVESTIGATION: it..rYc . - • . �l 0gl roof 0 e 4 rf � Gt �� woq if<r.. -7 .••� o�u �'���C ' ANs �� �:;; -moo-=�,� �..=Y � �- , ,�._ •�. �: ytl 1W I/1 S Ag irli mv ro A7 4(1/eD - COMMENTS b CONCLUSIONS: _ ACTION TA KEN: :fir "_OBD.=ROUTING' ItISTRUCTIONS- white to Facility Manager Yellow to Bookn :ie _ 'f�ri�c' to.: Inmate -. Gold to INCIDENT REPORT SUPPLEMENT ,CONTRA-COSTA;COUNTY i RIFFS DEPARTMENT_: g. DATE OF INCIDENT -. DATE: G�/�� �G ORIGINAL. �IDENT:�s�s7 r�sr f REPORT #.:da '• � HOUSING iIYE: D.��x1 J h7 OKING #�: 'b' )/dyOk� ASSIGNMENT: :N � a-41 s lrst ; .. d d I CONTINUA ON SPPL _ ► EMEN - NARY..MYTIO_N., ' la. SGS : -'NARRATIVE/INVESTIGATION: . %{vw °�iS � '- �o c'�rT cuAt- i/ovD�'O b� ` • ::.5. 1 T : .• ` i . Tf/cam, ,�%:rt-a� tfoX , �J y,00 . . ;:�: • ;��• ••�s7 c ick s'�o>F �� �� �� s ��ti _ . . �•,`` ': �� . $h{•'•' - as 4,..t—..;:4rci�.y;` .. �: �* _.(.=7.- t::it� ��' -.:iE .v a. s'�-•pr•. 1. •F%• tee?.•o �•k•:z; - �a ` SRC v Wit. z.r �► � .��.�. X3;00 r 70 44 c k- AF Lo� ,rf 1c' 26P°' COMMENTS A CONCLUSIONS: FF 'ACTION TA KEN Y.' Ar1 ` �e0 4 REPURTINGPPLOYEE -f :S ERVISOR .# OPERATIONS DIRECTOR 4 lti te.'to Facility Manager �elldw ao. Book• ink to ' mate'- Gold to B.A:S. Rev 8%80 . t` ' :t Page ol$ - -71 FURLOUGH CENTER IBMTE REQUEST SLIP **I+IJS'T BE TURNED IN THREE DAYS IN ADVANCE** Emergencies Accepted FRM �O"1�oo�bu t-n) Boox,ric 6'90 lnl. s 'LATE: crEsT: =:r•e u,e 5 ri 1�o F ccio'ri a O-rL ' CLS ed Vi 4 c0.s 1 --� � - .. . .. .. ..... . . r sem:=- �' '" _ ? '"� .. .'r- •• 'S'�; < r_. "='. _ 'r;F . ..1 Z -! A ANSWER: APPROVED a.DENIID ♦ PROVIDE: ve IrIa=M VM o Copy or ano••'1ffi.f8( FM 0 COPY CIP REMIM 0 CWY of FAY-siva - rt 4- w1ow FU UMM CENTER DIIrIAZE REWEt T SLIP **MUST SE JURNED DJ THREE DAYS IN ADVANCE**. Emergencies Accepted _= FROM: hP r wooclbu_yy BOOKINGC�-i/1�901n1 -DATE: o? - o? � RE , t, QUEST: y. e • - e zf �c L e r4' : ,e i edl i 5 C, fAh 43 e S t . e rc /oR I FIj o 4,-j6aAix ANSWER: APPROVED DENIED 9 &x r �f�J �0�+www oc'� To /M—. Irib" . X?iCs� 1 nc aj lIAy cyfee leaL PROVIDE: Q URIFICATION FM p mPx or ano MnjM FORM �]COPY Or R®fBIM ❑ COPY.OF PAY-MM CLAIM /1.9L BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: $120. 00 given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". RECEIVED CLAIMANT: KAREN FOSTER AUG 2 1 1986 ATTORNEY: COUNTY COUNSEL MARTINEZ, CALIF, ADDRESS: 5773 Drakes Drive Date received Byron, CA 94514 BY DELIVERY TO CLERK ON: August 18 , 1986 BY MAIL POSTMARKED: not legible 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: August 19 , 1986 BY: Deputy tiall II. FROM: County Counsel TO: Clerk of the Board of Supervisors 1\/1 This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: ��LL G'�(��0epu}ty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1.) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (x) This Claim is rejected in full, ( ) Other: I certify that this is a true and correct copy of the Board's Order enter in its minutes for this date. SEP 161886 Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject .to certain exceptions, you have only six (6) months from the date this notice was personally*3erved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately, CC: Claimant County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to -causes of action for death or for injury to person or- to personal property or -growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than. one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the k%Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553f-"Cor mail to P.O. Box 9.11, 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 Nt12 E k) Fas: 7- /2 ') RECEIVED Against the COUNTY OF CONTRA COSTA) AUG /919c6 or DISTRICT) A eA F"su R sons (Fill in name) ) CL The undersigned claimant hereby makes claim agains t e County of Contra Costa or the above-named District in the sum of $ 2,0.00 and in support of this claim represents as follows: ------------------------------------------------------------------------ l. When did the damage or injury occur? (Give exact date and hour) --- = — -r...................----------------------------------------- 2. Whe—r—e—did t7T1 damage or injury occur? (Include city and county) AST &&)o 101DA?(.;X O'H Hk� � 77Pv- ,�,�EtiTz� God, C!vAri 2�7 aas-�q c�6u A ----------------------------------------------- --------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) - Ams zv E IJ Fk-0Av7' OF mE /9k)2� R CV uivT`/ D �- 7/eu Ck W Fe-uti)T O ," T/-i&--7�'). 'b113 RVOT KL)oc v -y 771?7- SF� ?AYtE / (��Q .6, .-t'- F - H� ------------------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? TH 6-le E (A.'D-��,L /V o /ec H/) ,5/C k)S u P 0!� " FLP6 mEX) '' PO�7-L-7�) /,�,k)ywk,0 U k,b (over) 5. What are the names of county or district offices, n't.�: .. 1 employees causing the damage or injury? . f/A U t A-)O - D�'� . b Q iv eo-A- poo C a,-&-d had (o yP_A-R. o C u.o UQ _a4& -Cp_jj..Z�------------------ 6. What damage or injuries do you clai1V resulted? (Give full extent of injuries or damages- claimed. Attach two estimates for auto damage) C0 A_ w ct.a, CO C.)_ . W i t..� fog 0 a- L��x ------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective in ury qr damage. ) ----------------------e--------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. ROt3 .5M 17-h — _-r boAJT E-tRLjS H' AD,OZOE�5 raU7- J1AVE PHOA.)L•#t(08(0-1073! CruY deMv& — 5(01,T mNR1.7N DR. BYRoN ., CSI 99151y 2307Y 9- a/AJD M&DnR/ACr)?- 5-74,3 OOZnJ c•s . bk. 8yeoA.)J C'.R"• 99,5-7y ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: `DATE ITEM AMOUNT to C ' U 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 Claim nt' s Signat re 5 7 73 &kCt,k_ta, Address Cq 9yS/y Telephone No. Telephone No.�' l,5 (off/-- 7090 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. " KAREN S. FOSTER 1058 DAVID S. FOSTER 5773 DRAKES DR. 634-7090 BYRON, CA 94514 ` E-1 9?� 9D-3374/1211 • PAY TO THE �� / I ORDER OF A $ �� O 00 Q IJ 'U n ( A r1 F Cj h-'t �-f/A t/ 9- l CinDOLLARS Rmerican Bank ��. and Trust 590 Ygnacio Valley Road / Walnut Creek,California 91538 _ lJ ��� . �(D � MEMOdo \`-',,jam( \JT/� L I: L 2 L L 3 3 74 is LO 58 L 6 20 0088011' ,1'00000 12000-1' t C W Q N C© oc D W G . 3 - W. ar :W Z W r H P U Q w a 0 Wx r ` Q.'� Of O ! y Z W. ZQ-to O � R k : -O U �• o r C WC �C O- pC O PC 12 W. \ 02 ��..ra)... O .> +'N sQ S sema C pLL • _ � \ � � • " _� =���a'q£.� - � 0� >• w i K:Y �• Z Li o cc ca k W cnX fiU W H J n ea ��° W fi r : { _yyj. Q W J WD } E 0 X . '� • n 1_ Z . O 3 W U J a H 6v o . W W Z . YtLL BjO w ' X r�Q C9 C7 W am s g $ Z o a m ` VW W z C 41 r aD m elk r i n a 3 C Sh. o y G l 0 C —� MM C m ,n r ► o 0 -Z) o ^ O. ■ _ cn V. a y CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your ' California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: Unspecified given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". County Counset CLAIMANT: NEMECI.O. ONATE AUG 2 11986 c/o Ann S. Kaplan, Esq. ATTORNEY: York, Suresh & Kaplan Martinez, CA 94553 2293 Durant Avenue ADDRESS: Berkeley, CA 94704 Date received August 14 1986 BY DELIVERY TO CLERK ON: ' BY MAIL POSTMARKED: August 13, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK`���GC--C--e.�/ DATED: Aupus t 18, 1986 BY: Deputy L.' Hall- 11. allII. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / _ p" � By: L'�-L�= —� �ounty Counsel III. FROM: Clerk of tfti Board TO: County Counsel ('1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X) This Claim is rejected in full. (' \) Other: I certify that this is atrue and correct copy of the Board's Order entered in it minutes for this date. Dated: S E P 16. 1986 PHIL BATCHELOR, Clerk, By eputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'3erved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator LAW OFFICES JON RK SCOTTT BUBURESH York, Buresh & Kaplan ANN S.KAPLAN A PROFESSIONAL.CORPORA-1710N JAMES M.HARRIS 2298 DURANT AVENUE ALAN J.JANG STEVEN K.AUSTIN BERKELEY, CALIFORNIA 94704 (415) 548.7474 SHERYL LAND FRED M.FELLER August 13, 1986 Clerk Board of Supervisors County of Contra Costa 651 Pine Street Room 106 Martinez, California 94553 Re: Moscarelli v. EBMUD, et al. Our File No. : 86127 Dear Clerk: Accompanying this letter are the original and one copy of a Government Code Claim Form with regard to the claim of Mr. Nemecio Onate against the County of Contra Costa. We will appreciate your filing the original claim form with the Board of Supervisors and returning the copy of the form to our office in the enclosed envelope after the form has been marked showing your receipt of same. Thank you for your assistance. Very truly yours, Linda Maciejczak Secretary to Ann S. Kaplan llm Enclosures M / Nor ' P • By CLQ pN4A a uto OR GOVERNMENT CODE CLAIM FORM .. fury TO THE GOVERNING BODY OF: COUNTY OF CONTRA COSTA Claimant: Nemecio Onate Address: 8500 Monte Verde Drive E1 Sobrante, California 94873 rr Defendant and cross-complainant was served with a complaint in the case of Moscarelli v. EBMUD, #H 117310-9, Alameda County Superior Court, Southern Division on July 12, 1986. DATE OF INCIDENT: April 22, 1986 LOCATION OF INCIDENT: Monte Verde Drive El Sobrante, California DESCRIPTION OF INCIDENT: This claim arises out an accident which occurred on April 22, 1986 on Monte Verde Drive, E1 Sobrante, CA. NATURE OF DAMAGES: Claim for Equitable Contribution and Indemnity AMOUNT. OF CLAIM: Claim for Equitable Contribution and Indemnity ATTORNEYS TO WHOM NOTICES Name: Ann S. Kaplan, Esq. SHOULD BE SENT: York, Buresh & Kaplan 2298 Durant Avenue Berkeley, CA 94704 (415) 548-7474 Dated: August , 1986 By: Afirf . Kapl n Attorneys for Claimant f- 0d CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION ;,he Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: $700000. 00 given pursuant to Government Code Section 913 and ' 915.4. Please note all "WARNINGS'. County Ccunsel CLAIMANT; LOUIS E. LOCKREM ET AL c/o David M. Birka-White AUG 2 G 1986 ATTORNEY: Birka-White & Doyle Martinez, CA 94553) 2500 Old Crow Canyon Road ADDRESS: Suite 125 Date received San Ramon, CA 94583 BY DELIVERY TO CLERK ON: August 21, 1986 BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. � DATED; August 26 , 1986 PHIL BATCHELOR, CLER BY: Deputy ' L. Hall II. FROM: County Counsel TO: Clerk of the Board of Sup rvisor sV V �) This compli s s bstan iallSecti ns 910 and 910.2,�� " ( ) This claim FAIL to comply substHint with Sections 910 and 910.2, and we are so notifying c aimant. The Board cannot a4t for al � daysj Section 9100.Cla' is V timely filiA The Cllrkhould return aim on gra o Zhat i was fi d late and send warpinq of claima_nt'-s nright to apply for leave to present a late claim (Section 911.3). C� 612 x,4� eeLGuz Dated: By: �-Ce4-A—k--beputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) (X) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( YJ Other: Portion of original rejected in full. I certify that this is a true and correct copy of the Board's Order ntered in i s minutes for this date. SEP 16 198g Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally`Served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator 1 David M. Birka-White BIRKA-WHITE & DOYLE 2 2500 Old Crow Canyon Road Suite 125 7AUG .Z/ 3 Saff Ramon , California 94583 (415) -820-5422 PHiI BATCH�JKR 4 CLERK BOAROOF S Attorney for Plintiffs By c;7-,. OS1y .�f 5 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 LOUIS E. LOCKREM and FERN LOCKREM, ) r' NO. 282622 11 Plaintiffs , ) CLAIM AGAINST PUBLIC ENTITY 12 vs. ) 13 CHARLES M. FARR, LORRAINE P. ) FARR, MICHAEL J. WARHOLIC, ) 14 ADELE S . WARHOLIC, and DOES 1 - ) 15 10, inclusive, ) ) Defendants . ) 16 ) 17 TO THE COUNTY OF CONTRA COSTA: 18 LOUIS E. LOCKREM and FERN LOCKREM hereby make claim 19 against the County of Cotnra Costa for the sum of $700,000.00 20 and make the following statements in support of their claim: 21 1 . Claimants post office address is P. 0. Box 5008- 22 A225 , San Ramon, California 94583-0808 . 23 2 . Notices concerning the claim should be sent to the 24 law office of BIRKA-WHITE & DOYLE, 2500 Old Crow Canyon Road, 25 Suite 125 , San Ramon, California 94583 . 26 3 . The date and place of injuries and damages giving 27 rise to this claim are May 27 , 1986 at Bollinger Canyon Road 28 in that on said date R. W. Giese, director of the Contra Costa 1 , j 1 County Building Inspector , forwarded an inter-office memorandum 2 to Harvey Bragdon, acting Director, Community Development 3 Department , negligently and inaccurately alleging facts con- 4 cerning the easement and road thereon held by claimant to access 5 their property in Alameda County from Bollinger Canyon Road. 6 The effect of said inter-office memorandum was a refusal to 7 provide claimants with a letter to the County of Alameda for the 8 purpose of notifying Alameda County that said easement road was 9 adequate for the purposes of issuing a conditional use permit by 10 County of Alameda. Said inter-office memorandum notified 11 claimants for the first time tht the County would actively 12 prohibit the development of the Alameda County property owned 13 by claimants by virtue of Contra Costa County ' s refusal to grant 14 the appropriate authorization as outlined hereinabove. As further 15 acts of negligence, R. W. Giese and Gordon R. Whisler had prior 16 notice of the nature and condition of said easement , including 17 grades , slopes and drainage by virtue of inspections dating 18 back to October and November of 1985 . At no time during said 19 inspection did the County nor its representatives inform claimants 20 that unless specific roadway requirements were met, said driveway/ 21 easement would not e approvedd by the County of Contra Costa and 22 led claimants to believe that by virtue of the property being 23 zoned agricultural , and the fact that it was "in an isolated 24 area" it was the department' s conclusion that it had "no further 25 concerns at this time" . 26 Said inspection and letter thereon was issued on 27 November 7 , 1985 after the issuance of a stop work order by the 28 County of Contra Costa. Thus , the County had full and complete 2 . 1 knowledge of all aspects of the subject easement and the purpose 2 for which claimants had for the use of the said driveway/ . 3 easement . The resulting injuries were that the County negligently 4 failed to inform claimants of the County requirements ; suppressed 5 the appropriate information from claimants ; and not until 6 May 27 , 1986 did the County affirmatively deny claimant ' s request 7 for approval of the road for the purpose of acquiring a use 8 permit from the County of Alameda. 9 4. The damages and injuries to claimants are, among 10 other things : 11 (a) Financial expenditures in excess of $150,000, 12 all to claimants ' loss ; 13 (b) The loss of use of claimants ' home site and 14 acreage accessed by the Bolinger Canyon driveway/easement; 15 (c) Ongoing damages due to claimants ' mortgage 16 owing for the purchase of the subject property and easement; 17 (d) Substantial lost profit due to the inability 18 to develop the subject property ; 19 (e) Fain and suffering and emotional distress 20 due to,' the above conduct of the County ' s representatives and . 21 agents ; 22 (f) Such other damages as are established, 23 according to proof . 24 5 . The names of .the public employees causing the 25 claimants ' damages and injuries include, but are not limited to, 26 R. W. Giese, Gordon R. Whisler, Thomas Roberts , Supervisor 27 Robert Schroder , Harvey Bragdon, and such additional individuals 28 as are hereafter determined. 3. 1 6 . Claimants ' claim as of this date is $700 ,000.00 and 2 increasing. 3 7 . The basis- for the computation of the above is as 4 follows : 5 (a) Cost of Improvements , approx. $150,000.00 6 (b) Cost of land, approximately 200,000.00 7 (c) Loss of increased value of 8 property $250,000.00 9 (d) Pain and suffering (General 10 Damages) $1009000.00 11 DATED: August 21 , 1986 12 13 DAV P M. RKA HITE 14 Attorney for imants 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. ' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: Unspecified given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". CLAIMANT: WILLIAM AND CLAIRE GILBERT Action No . 255495 County Counsel c/o Robert T. Lazzarini AUG 2 5 1986 ATTORNEY: LOW, Ball & Lynch 601 California Street Martinez, CA 94553 ADDRESS: 21 Floor Date received San Francisco , CA 94108 BY DELIVERY TO CLERK ON: August 19 , 1986 BY MAIL POSTMARKED: no postmark I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED: August 25, 1986 BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2 (A This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ���[ �� � �, By: `—�` C/J�-y��«� 116eputy County Counsel 1II. FROM: Clerk of t e Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order e t d in its minutes for this date. Dated: SEP 16 1986 PHIL BATCHELOR, Clerk, By �� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'$erved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator RECEIVED AUU 4AF ELOR CL 0TC ORS dy . . FORMAL CLAIM, PURSUANT TO CODE SECTION 910 This claim is being presented on behalf of claimants William M. Gilbert and Claire Gilbert, by their attorneys, Low, Ball & Lynch. The claim is made against the County of Contra Costa. NAME AND POST OFFICE ADDRESS OF CLAIMANT: William and Claire Gilbert, 4630 Driftwood Court, El Sobrante, California 94803 (415) 222-7860. POST OFFICE ADDRESS TO WHICH PERSON PRESENTING THE CLAIM DESIRES NOTICE TO BE SENT: Low, Ball & Lynch, 601 California Street, 21st Floor, San Francisco, California 94108. DATE, PLACE AND OTHER CIRCUMSTANCES OF OCCURRENCE GIVING RISE TO THE CLAIM ASSERTED: This is a claim for indemnity and contribution arising out of the service of a complaint for damages resulting from a landslide that occurred in 1983 . The complaint is entitled State Farm Fire & Casualty Company v. Robert R. Sheets, et al. and related cross-actions, Contra Costa Superior Court Action No. 255495. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURIES, DAMAGES OR LOSS INCURRED SO FAR AS IT MAY BE KNOWN AT THE TIME OF THE PRESENTATION OF THE CLAIM: Plaintiff is seeking recovery for compensation paid to their insureds arising from property damage resulting from a landslide. Claimants deny any responsibility, but if any responsibility is imposed against said claimants, then they would be entitled to indemnity and contribution from the County of Contra Costa for the negligent and careless posses- sion and control of -certain real property described as a "drainage easement adjacent to the property at 616 La Paloma Road, E1 Sobrante. •. t .,'' THE NAME OR NAMES OF THE PUBLIC EMPLOYEE OR EMPLOYEES CAUSING THE INJURIES, DAMAGE OR LOSS, IF KNOWN: Unknown. THAT AMOUNT CLAIMED AS OF THE DATE OF PRESENTATION OF CLAIM: The amount of said claim is presently unknown. DATED: ? ',v //�/u LOW, BALL & LYNCH c-'�RMERT T. LAZZARINI ttorneys for WILLIAM M. GILBERT and CLAIRE GILBERT CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Chaim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 16 , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount: Unspecified given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS"• County Counsel CLAIMANT: WILLIAM AND CLAIRE GILBERT Action No. 280785 c/o Robert T. Lazzarini AUG 2 51986 ATTORNEY: LOW, Ball & Lynch 601 California Street Martinez, CA 94553 ADDRESS: 21 Floor Date received San Francisco, CA 94108 BY DELIVERY TO CLERK ON: August 19 , 1986 BY MAIL POSTMARKED: no postmark I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. o APHIL BATCHELOR, CLERK August 25 , 1986 DATED: g BY: Deputy L. Hal 1 ll. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2 ( This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: /U a ty County Counsel III. FROM: Clerk of the oard TO: County Counsel (1) V County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (y) 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. SEP 161986 Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'terved or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. CC: Claimant County Counsel County Administrator RECEIVED AUG %T 1886 V ,g C ELOR RS CL K R SUP NT T .Deputy BY • FORMAL CLAIM, PURSUANT TO CODE SECTION 910 This claim is being presented on behalf of claimants William M. Gilbert and Claire Gilbert, by their attorneys, Low, Ball & Lynch. The claim is made against the County of Contra Costa. NAME AND POST OFFICE ADDRESS OF CLAIMANT: William and Claire Gilbert, 4630 Driftwood Court, .El Sobrante, California 94803 (415) 222-7860. POST OFFICE ADDRESS TO WHICH PERSON PRESENTING THE CLAIM DESIRES NOTICE TO BE SENT: Low, Ball & Lynch, 601 California Street, 21st Floor, San Francisco, California 94108. DATE, PLACE AND OTHER CIRCUMSTANCES OF OCCURRENCE GIVING RISE TO THE CLAIM ASSERTED: This is a claim for indemnity and contribution arising out of the service of a complaint for damages resulting from a landslide that occurred in 1983 . The complaint is entitled Allstate Insurance Company, Inc. v. Dennis C. Woodruff, et al. and related cross-actions, Contra Costa Superior Court Action No. 280785. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURIES, DAMAGES OR LOSS INCURRED SO FAR AS IT MAY BE KNOWN AT THE TIME OF THE PRESENTATION OF THE CLAIM: Plaintiff is seeking recovery for compensation paid to their insureds arising from property damage resulting from a landslide. Claimants deny any responsibility, but if any responsibility is imposed against said claimants, then they would be entitled to indemnity and contribution from the County of Contra Costa for the negligent and careless posses- sion and control of certain real property described as a drainage easement adjacent to the property at 616 La Paloma Road, El Sobrante. THE NAME OR NAMES OF THE PUBLIC EMPLOYEE OR EMPLOYEES CAUSING THE INJURIES, DAMAGE OR LOSS, IF KNOWN: Unknown. THAT AMOUNT CLAIMED AS OF THE DATE OF PRESENTATION OF CLAIM: The amount of said claim is presently unknown. DATED: t 1K LOW, BALL & LYNCH I BY: OB LA INI WI Attorneys fAM M. GILBERT WI GILBERT