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HomeMy WebLinkAboutMINUTES - 07071987 - 1.21 CLAIM r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA CYaim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 7 , 1987 and Board Action. All Section references are to ) The copy of this document wiled to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1, 250,000- 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ANNA GRANT c/o Clyde I. ButtsATTORNEY: Law Offices of Marraccini & Butts CC��nty CounS�.� 1225 Alpine Road, Suite 204 Date received JutJ ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON June 8, 19§7 1 51981 rine. C BY MAIL POSTMARKED: June 5 , 1987 '4 I. FROM: Clerk of the Board of Supervisors TO: County Counsel. Attached is a copy of the above-noted claim. ��IL gATCHELOR, Clerk DATED: June 12, 1987 : Deputy L. Hall 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors ('>N11 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:' 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 its minutes for this date. Dated: JUL 7 1987 PHIL BATCHELOR, Clerk, By /v 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JUL 8 1987 BY: PHIL BATCHELOR by W%/ZDeputy Clerk CC: County Counsel County Administrator CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 7 , 1 9 8 7 and Board Action. All Section references are to ) The copy of this document wr n mailed to you is your of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1, 250,000- 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ANNA GRANT c/o Clyde I. Butts ATTORNEY: Law Offices CpUn ces of- Marraccini & Butts ty Counsel 1225 Alpine Road, Suite 204 Date received ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON June 8, 19 7 JUN 1 51981 BY MAIL POSTMARKED: June 5 , 1987 /net, CA 9453 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL BATCHELOR, Clerk DATED: June 12, 1987 ��: Deputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (*�' This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /�_ BY: 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 its minutes for this date. Dated: JUL 7 1987 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JUL . . 8 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ` 1 I - CLYDE I. BUTTS _ LAW OFFICES OF MARRACCINI & BUTTS 2 - 1225 Alpine Road, Site 204 Walnut Creek, CA 94596 3 ° Telephone: (415) 943-1850 4 _ LAW OFFICES OF JAMES JAY SELTZER - A Professional Law Corporation` s 5 2150 Shattuck Avenue, Suite 600 �V Berkeley, CA 94704 t °" 0 Telephone: (415) 549-7474 Attorneys for Anna Grant 8 9 10 Claim of ANNA GRANT, 11 Claimant, CLAIM FOR PERSONAL INJURIES 12 V. (Government Code Section 910) MERRITHEW MEMORIAL HOSPITAL, 13 _ COUNTY OF CONTRA COSTA, DOES 1 through 50, inclusive, 14 Defendants. 15 16 YOU ARE HEREBY NOTIFIED that -ANNA GRANT, whose address is in 17 - care of Marion Walker, 6814 Del Monte Avenue, Richmond, 18 - California, claims damages from the above-named Defendants in the 19 amount computed as of the date of presentation of this claim of 20 an estimated $1, 250,000.00. 21 ,PLACE AND DATE OF OCCURRENCE: 22 -MERRITHEW MEMORIAL HOSPITAL 2500 Alhambra Avenue 23 _Martinez, CA 94553 24 =March 4 and March 5, 1987 25 -CIRCUMSTANCES OF OCCURRENCES: 26 At approximately 9:30 p.m. on March 4, 1987, Claimant was 27 28 1 LAW OFFICES OF - M.ARRAC(ANI B RUFTS 225 ALPINE RD..STE.204 VALNUT CREEK.CA 94596 I : admitted to the emergency room at Brookside Hospital in San Pablo, 2 - for impending childbirth. Claimant was not insured through any 3 = private carrier, and she had not as yet received her Medi-Cal 4 ' stickers, although the paperwork for Medi-Cal was being 5 -- processed. Claimant was examined at Brookside Hospital by Dr. 0 - Phillip Moody, the emergency room physician, who conducted a = cursory exam, and in the process, broke Claimant's bag of water. - Claimant was then advised that Brookside Hospital was not going 9 to accept her as a patient. 10 Claimant is informed and believes that upon her admittance 11 to Brookside Hospital, Dr. Moody or others, contacted the medical 12 staff at Merrithew Memorial Hospital informing them that they had 1.1 a patient that they wished to transfer to Merrithew Memorial 14 Hospital because the patient was uninsured or, in the 15 alternative, was unable to pay for her care and treatment at 16 - Brookside Hospital. Claimant is informed and believes that Dr. 17 - Moody and Dr. Pond, the emergency room physician at Merrithew 18 -- Memorial Hospital had several conversations concerning Claimant's 19 - physical condition and the nature of her emergency. 20 Claimant is further informed and believes that Merrithew 21 - Memorial Hospital and its staff were advised early on after 22 Claimant's admittance to Brookside Hospital, that Claimant was in 23 - distress and that she needed immediate care and treatment for the 24 -- impending birth of her child. 25 Claimant believes that the medical staff at Merrithew 26 Memorial Hospital initially refused to accept transfer of 27 2 28 LAW OFFICES OF A K R%('(IN I h.81'11 ?5 ALPINE RD STE 204 LNUT CREEK.CA 94596 1 ; Claimant from Brookside Hospital on the grounds that they felt 2 = that Brookside Hospital had a duty to take care of Claimant's 3 medical condition. 4 Claimant has filed a Claim against Brookside Hospital and 5 = others for personal injuries pursuant to Government Code Section 0 910, a copy of which is attached hereto as Exhibit A and 7 = incorporated herein by reference. 8 Claimant is informed and believes that at all times herein 9 - mentioned Defendant, Merrithew Memorial Hospital,and County of 10 Contra Costa, refused to accept the transfer of Claimant from 11 Brookside Hospital in a timely manner, and in so doing, Merrithew 12 Memorial Hospital violated its duty of care owed to Claimant and 13 her unborn child, and violated Claimant's civil rights pursuant 14 to the United States Constitution and the laws of the United 15 States and the State of California. 16 Claimant is also informed and believes that the medical 17 treatment rendered to her at Merrithew Memorial Hospital was 18 = negligent and fell below the standard of care within the 19 _ community. As a proximate result thereof, Claimant's child was 20 - born dead. 21 _ DESCRIPTION OF DAMAGE OR LOSS: 22 Medical expenses, future medical expenses, loss of income, 23 impaired earning potential, severe emotional distress, loss of 24 - services of the unborn child, loss of society, comfort of the 25 unborn child, and funeral expenses. 26 27 28 3 LAW OFFICES OF 1{IIR\11'INI 11'01'1-11 25 ALPINE RD..STE.204 :LNUT CREEK.CA 9459E The amount claimed as of the date of the presentation of 2 this claim is computed as follows: 3 - DAMAGES INCURRED TO DATE: 4 MEDICAL MALPRACTICE: 5 1. Loss of Earnings According to proof 0 2. Medical and Hospital Expenses According to proof 3. Special Damages According to proof 4. , General Damages 250,000.00 CIVIL RIGHTS VIOLATIONS: 9 1. Punitive Damages against 10 individual Defendants only According to proof 2. Attorney's fees According to proof 11 3. General Damages $1,000.000.00 12 13 TOTAL AMOUNT CLAIMED AS OF DATE 14 - OF PRESENTATION OF THIS CLAIM: $1,250,000.00 15 SEND NOTICES TO: 16 CLYDE I. BUTTS 17 LAW OFFICES OF MARRACCINI & BUTTS 1225 Alpine Road, Suite 204 18 . ; Walnut Creek, CA 94596 19 LAW OFFICES OF JAMES JAY SELTZER A Professional Law Corporation 20 2150 Shattuck Avenue, Suite 600 Berkeley, CA 94704 21 DATED: June 4, 1987. 22 LAW OFFICES OF MARRACCINI & BUTTS 23 LAW OFFICES OF JAMES JAY SELTZER 24 25 B -25` -CLYDE I BUTIf 26 Attorneys for Claimant 27 4 28 LAW OFFICES OF MARRA(( IN]11 Ht"I-I's 225 ALPINE RD..STE 204 ALNUT CREEK,CA 94596 I - CLYDE I-. BUTTS - LAW OFFICES OF MARRACCINI & BUTTS _ 2 1225 Alpine Road, Site 204 Walnut Creek, CA 94596 3 - Telephone: (415) 943-1850 4 = LAW OFFICES OF JAMES JAY SELTZER _ A Professional Law Corporation- -5 2150 Shattuck Avenue, Suite 600 - Berkeley, CA 94704 l� Telephone: (415) 549-7474 7 Attorneys for Anna Grant 8 9 _ Claim of ANNA GRANT, 10 Claimant, CLAIM FOR PERSONAL INJURIES 11 V. (Government Code Section 910) BROOKSIDE HOSPITAL, WEST CONTRA 12 COSTA COUNTY HOSPITAL DISTRICT, DR. PHILLIP MOODY, and SPECTRUM, INC. , 13 and DOES 1 through 50, inclusive, 14 Defendants. 15 � 16 YOU ARE HEREBY NOTIFIED that ANNA GRANT, whose address is in 17 care of Marion Walker, 6814 Del Monte Avenue, Richmond, 18 California, claims damages from the above-named Defendants in the 19 amount computed as of the date of presentation of this claim of - - an estimated $1,250,000.00. 20 -PLACE AND DATE OF OCCURRENCE: 21 - BROOKSIDE HOSITAL 22 _2000 Vale Road San Pablo, CA 94806 23 24 March 4, 1987 - -CIRCUMSTANCES OF OCCURRENCES: 25 26 In the evening hours on March 4, 1987, Claimant began experiencing contractions approximately three (3) minutes apart. 27 1 EXHIBIT LAW OFFICES 28 MARR.\/'f 111 N�H1'l'L\ - 225 ALPINE RD_STE-204 - VALNUTCREEK.CA 94596 I ; Her friend, Yvonne Gary, called 911 at approximately 9:00 p.-m- 2 -- The ambulance arrived in approximately ten (10) minutes and 3 *- transported Claimant to Brookside Hospital in San Pablo, 4 California. Claimant was taken via the ambulance gurney 5 - immediately to the emergency room. Claimant was given a gown and o was placed on the examination table. A nurse came into the room and asked Claimant whether she had any insurance. Claimant 8 informed the nurse that her Medi-Cal stickers were not available 9 - at this time, but the paperwork was being processed. Claimant 10 - told the nurse that she had seen a doctor in San Francisco, but 11 had not seen any doctor since moving to the East Bay in the last 12 month. The nurse left the room, leaving Claimant in the room by il herself. Shortly thereafter the nurse returned and asked 14 - additional questions of Claimant regarding her Medi-Cal benefits. is The nurse asked Claimant if her water bag had broken. Claimant 16 replied that her water bag was leaking, but that she thought that 17 it had not broken. The emergency room physician, Dr. Moody, is entered the room and placed his hand in Claimant's body to check 19 =whether her water bag had broken. In inserting his hand, Dr. 20 - Moody broke Claimant's water bag, and told her that she was not 21 : dilating and that she should got up and get dressed and arrange 22 - transportation to another hospital. Claimant was confused 23 -because the doctor did not take her heartbeat, nor the baby's 24 -:heartbeat, nor was a fetal monitor applied. The over-all 25 -examination by Dr. Moody took only approximately three (3) 26 --minutes, and Claimant was then instructed to get dressed. The 27 2 28 LAW OFFICES OF VIA RR%(( INI A 811.1 S 225 ALPINE RD STE.204 AL N UT CREEK,CA 94 596 7 . 1 nurse came back in and said to Claimant, "They have decided not 2 - to accept you. " Claimant was told that if she wanted further 3 ; medical treatment she should seek it at the County Hospital in 4 _Martinez. Claimant was also told that she would have to arrange 5 : for her own transportation to the County Hospital. Claimant's - boyfriend, Charles, then entered the examination room and assisted Claimant to the bathroom and helped her get dressed and - cleaned up. Charles then left the hospital to try to arrange 9 - transportation with his relatives. Charles ran approximately two 10 (2) miles to his home, in a rainstorm, in a futile effort to 11 locate friends or relatives who could provide transportation for 12 Claimant to the County Hospital. He returned approximately 45 13 minutes later after being unable to obtain an automobile or any 14 - other transportation. By this time, the original admitting nurse 15 was off duty and returned to check Claimant's blood pressure 16 _ while Claimant sat in a wheelchair in the lobby of the hospital. 17 - The nurse stated that Claimant should not be sitting, but lying 18 - down. Claimant told the nurse that she was two (2) weeks 19 -overdue, and was experiencing pain and contractions. The 20 = hospital staff did not try to find a place or facility for 21 Claimant to lie down. Rather, they continued to have Claimant 22 -remain in the wheelchair while Charles frantically sought 23 _transportation to the County Hospital. When it became evident to 24 -_the admitting nurse that Claimant was unable to obtain her own 25 -transportation to the County Hospital, the nurse then made 26 _arrangements for an ambulance to transport Claimant to the County 27 28 3 LAW OFFICES OF M KR:\((IN K 8I'1-1S 1225 ALPINE RD.STE.204 WALNUT CREEK.CA 94596 I -- Hospital in Martinez. An ambulance was sent from the County 2 - Hospital to Brookside Hospital to pick up Claimant. By this time 3 - Claimant had been sitting in a wheelchair at the nurse's station 4 in the emergency room for approximately three (3) hours. 5 - Claimant was transported by ambulance to the County Hospital in 0 - Martinez. When the ambulance arrived at the County Hospital, at "7 - approximately 1:00 a.m. on March 5, 1987, Claimant was immediately seen by the emergency room physician who had been 9 notified by Brookside Hospital of the transfer and was aware of 10 Claimant's critical state. The County emergency room physician, 11 Dr. Pond, noted that the infant's heartbeat was irregular and a 1 ) different posterial position should be tried to convert the 13 fetus' heartbeat to a regular rhythm. Dr. Pond told Claimant 1-4 - that she should have been there at the County Hospital two (2) 15 hours ago. Dr. Pond discussed with Claimant that this kind of 16 - thing has happened before at Brookside Hospital. When Dr. Pond 17 - delivered Claimant's baby, the child was born dead. Dr. Pond 18 - noted that the umbilical cord was bent around the infant's 19 shoulder and neck region thereby restricting the flow of oxygen 20 to the child. Dr. Pond stated that because Claimant wassitting 21 - for so long in a wheelchair, that each contraction was, in 22 -effect, choking the baby. Claimant was admitted to the County 23 Hospital for approximately one (1) day and was then discharged 24 -home on March 6, 1987. 25 The aforementioned acts of Brookside Hospital, Dr. Moody, 16 Spectrum, Inc. , and the other staff and agents for said 27 4 28 LAW OFFICES OF "a kx.N(( 1-0 A HI I-I, 225 ALPINE RDSTE 204 VALNUT CREEK CA 94596 I ' Defendants, constitutes medical malpractice and "patient 2 dumping. " In doing such acts., Brookside Hospital, and the other 3 - said Defendants, violated their duty of care to Claimant and her 4 unborn child, and violated Claimant's civil rights pursuant to 5 :. the United States Constitution and the laws of the United States 0 - and the State of California. Claimant is informed and believes that Brookside Hospital 8 and its agents and staff, including Dr. Moody and other nurses 9 - who have knowledge of the acts and events that took place on 10 March 4, 1987, also are in violation of State and Federal laws 11 pertaining to the recording of the care and treatment of Claimant 12 on the date that the incident occurred. Claimant's medical 11 records show that there are late entries made by various 1.1 - individuals, including Dr. Moody, the first late entries which 15 were made approximately on March 18, 1987 in the medical chart of 16 - Claimant. These entries purport to report the events as they 17 occurred on March 4 and March 5, 1987 at Brookside Hospital. 18 These late entries were solely done to protect Brookside Hospital 19 - and its agents and the other said Defendants from liability, and 20 - were only put in after said Defendants came under investigation 21 - by various State and Federal authorities who learned of this 22 - "patient dumping" incident when Dr. Pond testified before a 23 Legislative Committee several days after the incident occurred. 24 - DESCRIPTION OF DAMAGE OR LOSS: 25 Medical expenses, future medical expenses, loss of income, 26 - impaired earning potential, severe emotional distress, loss of 27 5 28 LAW OFFICES OF 11KRA(4 1\1& KI'1-1 225 ALPINE RD.STE 204 IALNUT CREEK.CA 94596 I _ services of the unborn child, loss of society, comfort of the 2 Lunborn child, and funeral expenses. 7 3 The amount claimed as of the date of the presentation of 4 this claim is computed as follows: 5 - DAMAGES INCURRED TO DATE: �> MEDICAL MALPRACTICE: 1. Loss of Earnings According to proof 8 2. Medical and Hospital Expenses According to proof 3. Special Damages According to proof 9 4. General Damages $ 250,000.00 to CIVIL RIGHTS VIOLATIONS: 11 1. Punitive Damages against 12 individual Defendants only According to proof 2. Attorney's fees According to proof li 3. General Damages $1,000.000.00 14 15 TOTAL AMOUNT CLAIMED AS OF DATE 16 _ OF PRESENTATION OF THIS CLAIM: $1,250,000.00 17 18 = SEND NOTICES TO: 19 20 CLYDE I. BUTTS LAW OFFICES OF MARRACCINI & BUTTS 21 1225 Alpine Road, Suite 204 Walnut Creek, CA 94596 22 2.3 LAW OFFICES OF JAMES JAY SELTZER 24 A Professional Law Corporation 2150 Shattuck Avenue, Suite 600 25 Berkeley, CA 94704 26 27 6 28 LAW OFFICES OF M AR R.\(("I%I K"811-1 225 ALPINE RD.STE,204 WALNUT CREEK.CA 9459E 1 = DATED. June 4 1987. 2 _ LAW OFFICES OF MARRACCINI & BUTTS 3 LAW OFFICES OF JAMES JAY SELTZER 4 5 By . . _ LYRE I. BUT c� Attorneys for Claimant 8 9 10 11 12 13 14 15 1 t� 17 18 19 20 21 22 - 23 24 25 26 27 7 LAW OFFICES OF 28 ARR.'"INI Y.RI'l-IS ?5 ALPINE RD.STE 204 LNUT CREEK.CA 9459E PROOF OF SERVICE BY MAIL - C.C.P. Sections 1013a, 2013.5 1 I declare that: 2 I am employed in Contra Costa County, State of California; I 3 am over the age of eighteen years and am not a party to the -within-entitled action; my business address is: Law Offices of 4 -Marraccini & Butts, 1225 Alpine .Road, Suite 204, Walnut Creek, California 94596. 5 On June 5, 1987 I served the below document(s) on 6 the interested parties in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully 7 prepaid, in the United States Post Office mail at Walnut Creek, California, addressed as follows: 8 DOCUMENT(S ) MAILED: CLAIM FOR PERSONAL INJURIES 9 (Government Code Section 910) t0 ! 1 12 13 MAILED TO: Clerk, Board of Supervisors Contra Costa County 14 651 Pine Street Martinez, CA 94553 15 16 17 18 19 20 I declare under penalty of perjury under the laws of the 21 State of California that the foregoing is true and correct. 22 Executed at Walnut Creek, California, on June 5, 1987 23 74 2s r JEANNE R. THOMAS 20 27 �x FNM 11 HI II INN I-Hf I• CA 94-, CLAIM l ,2/ BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorwements. ) NOTICE TO CLAIMANT July 7, 1987 and Board.Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1; 250, 000- 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ANNA''GRANT c/o Clyde I. Butts ATTORNEY: Law Offices of Marraccini & Butts 1225 Alpine Road, #204 Date received June 5, 1987 hand del. ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: no envelope County Counsel JUN l 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a co of the above-noted claim. Martinez, copy CA 9�i5;;;; PpHHIL BATCHELOR, Clerk DATED: June 12 , 1987 B1�: eputy L. Hall 1I. 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: tote, BY: Deputy County Counsel I11. 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: JUL 7 1987 - ✓.��� 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JUL .8 1987 BY: PHIL BATCHELOR byDuty Clerk CC: County Counsel County Administrator I CLYDE I. BUTTS LAW OFFICES OF MARRACCINI & BUTTS 2 1225 Alpine Road, Site 204 Walnut Creek, CA 94596 3 Telephone: (415) 943-1850 4 LAW OFFICES OF JAMES JAY SELTZER A Professional Law Corporation 5 2150 Shattuck Avenue, Suite 600 - 0. 1 A-ol - Berkeley, CA 94704 JUN 6' 1987 6 Telephone: (415) 549-7474 = Attorneys for Anna Grant CLIMo° og�� 8 9 10 Claim of ANNA GRANT, 11 Claimant, CLAIM FOR PERSONAL INJURIES 12 V. (Government Code Section 910) MERRITHEW MEMORIAL HOSPITAL, 13 COUNTY OF CONTRA COSTA, DOES 1 through 50, inclusive, 14 Defendants. 15 � 16 YOU ARE HEREBY NOTIFIED that ANNA GRANT, whose address is in 17 care of Marion Walker, 6814 Del Monte Avenue, Richmond, 18 California, claims damages from the above-named Defendants in the 19 amount computed as of the date of presentation of this claim of 20 an estimated $1, 250,000.00. 21 PLACE AND DATE OF OCCURRENCE: 22 MERRITHEW MEMORIAL HOSPITAL 2500 Alhambra Avenue 23 Martinez, CA 94553 24 March 4 and March 5, 1987 25 CIRCUMSTANCES OF OCCURRENCES: 26 At approximately 9:30 p.m. on March 4, 1987, Claimant was 27 1 28 LAW OFFICES OF MARRACCINI&811T-TS _ 1225 ALPINE RD..STE.204 NALNUT CREEK.CA 94596 a 1 ' I admitted to the emergency room at Brookside Hospital in San Pablo 2 for impending childbirth. Claimant was not insured through any 3 private carrier, and she had not as yet received her Medi-Cal stickers, although the paperwork for Medi-Cal was being 5 processed. Claimant was .examined at Brookside Hospital by Dr. 0 Phillip Moody, the emergency room physician, who conducted a 7 cursory exam, and in the process, broke Claimant's bag of water. 8 Claimant was then advised that Brookside Hospital was not going 9 to accept her as a patient. 10 Claimant is informed and believes that upon her admittance 11 to Brookside Hospital, Dr. Moody or others, contacted the medical 12 staff at Merrithew Memorial Hospital informing them that they had 13 a patient that they wished to transfer to Merrithew Memorial 14 Hospital because the patient was uninsured or, in the 15 alternative, was unable to pay for her care and treatment at 16 Brookside Hospital. Claimant is informed and believes that Dr. 17 Moody and Dr. Pond, the emergency room physician at Merrithew 18 Memorial Hospital had several conversations concerning Claimant's 19 physical condition and the nature of her emergency.. 20 Claimant is further informed and believes that Merrithew 21 Memorial Hospital and its staff were advised early on after 22 Claimant's admittance to Brookside Hospital, that Claimant was in 23 distress and that she needed immediate care and treatment for the 24 impending birth of her child. 25 Claimant believes that the medical staff at Merrithew 26 Memorial Hospital initially refused to accept transfer of 27 28 2 LAW OFFICES OF M.ARRACCINI 8-BVTTS 225 ALPINE RD.,STE,204 IALNUT CREEK.CA 94596 I Claimant from Brookside Hospital on the grounds that they felt 2 that Brookside Hospital had a duty to take care of Claimant's 3 medical condition. Claimant has filed a Claim against Brookside Hospital and 5 others for personal injuries pursuant to Government Code Section 0 910, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. Claimant is informed and believes that at all times herein 9 mentioned Defendant, Merrithew Memorial Hospital, and County of 10 Contra Costa, refused to accept the transfer of Claimant from 11 Brookside Hospital in a timely manner, and in so doing, Merrithew 12 Memorial Hospital violated its duty of care owed to Claimant and 13 her unborn child, and violated Claimant's civil rights pursuant 14 to the United States Constitution and the laws of the United 15 States and the State of California. 16 Claimant is also informed and believes that the medical 17 treatment rendered to her at Merrithew Memorial Hospital was 18 negligent and fell below the standard of care within the 19 community. As a proximate result thereof, Claimant's child was 20 born dead. 21 DESCRIPTION OF DAMAGE OR LOSS: 22 Medical expenses, future medical expenses, loss of income, 23 impaired earning potential, severe emotional distress, loss of 24 - services of the unborn child, loss of society, comfort of the 25 unborn child, and funeral expenses. 26 27 LAW OFFICES OF 28 3 MARRACCINI 8-BI'TTS 225 ALPINE RD.,STE.204 'ALNUT CREEK,CA 94596 I The amount claimed as of the date of the presentation of 2 this claim is computed as follows: 3 DAMAGES INCURRED TO DATE: 4 MEDICAL MALPRACTICE: 5 1. Loss of Earnings According to proof b 2. Medical and Hospital Expenses According to proof L 3- Special Damages According to proof 7 4. General Damages 250,000-00 CIVIL RIGHTS VIOLATIONS: 9 1. Punitive Damages against to individual Defendants only According to proof 2. Attorney's fees According to proof 11 3. General Damages $1,000.000.00 12 13 TOTAL AMOUNT CLAIMED AS OF DATE 14 OF PRESENTATION OF THIS CLAIM: $1,250,000.00 15 SEND NOTICES TO: 16 CLYDE I. BUTTS 17 LAW OFFICES OF MARRACCINI & BUTTS 1225 Alpine Road, Suite 204 18 Walnut Creek, CA 94596 19 LAW OFFICES OF JAMES JAY SELTZER A Professional Law Corporation 20 2150 Shattuck Avenue, Suite 600 Berkeley, CA 94704 21 DATED: June 4, 1987. 22 LAW OFFICES OF MARRACCINI & BUTTS 23 LAW OFFICES OF JAMES JAY SELTZER 24 25 By CLYDE I. BUT 26 Attorneys for Claimant 27 4 28 LAW OFFICES OF MARRACCINI 9-Bk'T-rS 225 ALPINE RD_STE,204 VALNUT CREEK.CA 94596 w - 1 J' CLYDE I. BUTTS LAW OFFICES OF MARRACCINI & BUTTS 2 = 1225 Alpine Road, Site 204 Walnut Creek, CA 94596 3 - Telephone: (415) 943-1850 4 = LAW OFFICES OF JAMES JAY SELTZER A Professional Law Corporation'- 5 = 2150 Shattuck Avenue, Suite 600 Berkeley, CA 94704 t> Telephone: (415) 549-7474 7 - Attorneys for Anna Grant 8 9 - Claim of ANNA GRANT, 10 Claimant, CLAIM FOR PERSONAL INJURIES 11 V. (Government ,Code Section 910) BROOKSIDE HOSPITAL, WEST CONTRA 12 COSTA COUNTY HOSPITAL DISTRICT, DR. PHILLIP MOODY, and SPECTRUM, INC. , 13 and DOES 1 through 50, inclusive, 14 Defendants. 15 lu YOU ARE HEREBY NOTIFIED that ANNA GRANT, whose address is in care of Marion Walker, 6814 Del Monte Avenue, Richmond, 17 - : California, claims damages from the above-named Defendants in the 18 amount computed as of the date of presentation of this claim of 19 _ ,p an estimated $1,250,000.00. - PLACE AND DATE OF OCCURRENCE: 21 -BROOKSIDE HOSITAL 22 _2000 Vale Road 'San Pablo, CA 94806 23 24 -March 4, 1987 -CIRCUMSTANCES OF OCCURRENCES: 25 26 In the evening hours on March 4, 1987, Claimant began experiencing contractions approximately three (3 ) minutes apart. 27 28 1 LAW OFFICES OF >I:%RRAf( INI N HI..I"Il 1225 ALPINE RD.STE.204 WALNUT CREEK,CA 94596 EXHIBIT I -' Her friend, Yvonne Gary, called 911 at approximately 9:00 p..m. 2 - The ambulance arrived in approximately ten (10) minutes and 3 = transported Claimant to Brookside Hospital in San Pablo, 4 - California. Claimant was taken via the ambulance gurney 5 _ immediately to the emergency room. Claimant was given a gown and 0 - was placed on the examination table. A nurse came into the room : and asked Claimant whether she had any insurance. Claimant 8 informed the nurse that her Medi-Cal stickers were not available 9 at this time, but the paperwork was being processed. Claimant 10 told the nurse that she had seen a doctor in San Francisco, but ii had not seen any doctor since moving to the East Bay in the last 12 month. The nurse left the room, leaving Claimant in the room by ii herself. Shortly thereafter the nurse returned and asked 14 additional questions of Claimant regarding her Medi-Cal benefits. is The nurse asked Claimant if her water bag had broken. Claimant 16 - replied that her water bag was leaking, but that she thought that 17 it had not broken. The emergency room physician, Dr. Moody, 18 - entered the room and placed his hand in Claimant's body to check 19 -- whether her water bag had broken. In inserting his hand, Dr. 20 - Moody broke Claimant's water bag, and told her that she was not 21 - dilating and that she should get up and get dressed and arrange 22 transportation to another hospital. Claimant was confused 23 because the doctor did not take her heartbeat, nor the baby's 24 -heartbeat, nor was a fetal monitor applied. The over-all 25 -examination by Dr. Moody took only Approximately three (3) 26 -minutes, and Claimant was then instructed to get dressed. The 27 2 28 LAW OFFICES OF MARRAI( INI 6 RI I'l S 225 ALPINE RO SIE 204 1ALNUT CREEK.CA 94596 1 ; nurse came back in and said to Claimant, "They have decided not 2 to accept you. " Claimant was. told that if she wanted further medical treatment she should seek it at the County Hospital in Martinez. Claimant was also told that she would have to e arrang 5 ! for her own transportation to the County Hospital. Claimant's tl _ boyfriend, Charles, then entered the examination room and 11 - assisted Claimant to the bathroom and helped her get dressed and 8 cleaned up. Charles then left the hospital to try to arrange 9 _ transportation with his relatives. Charles ran approximately two 10 _ (2) miles to his home, in a rainstorm, in a futile effort to 11 locate friends or relatives who could provide transportation for 12 Claimant to the County Hospital. He returned approximately 45 13 minutes later after being unable to obtain an automobile or any 14 - other transportation. By this time, the original admitting nurse 15 was off duty and returned to check Claimant's blood pressure 16 while Claimant sat in a wheelchair in the lobby of the hospital. 17 _ The nurse stated that Claimant should not be sitting, but lying 18 - down. Claimant told the nurse that she was two (2) weeks 19 _overdue, and was experiencing pain and contractions. The 20 "hospital staff did not try to find a place or facility for 21 =Claimant to lie down. Rather, they continued to have Claimant 22 _remain in the wheelchair while Charles frantically sought 23 transportation to the County Hospital. When it became evident to 24 'the admitting nurse that Claimant was unable to obtain her own 25 -transportation to the County Hospital, the nurse then made 26 arrangements for an ambulance to transport Claimant to the County 27 28 3 LAW OFFICES OF MARRA(I IN]K.HI'TTti 1225 ALPINE RD..ST E-204 WALNUT CREEK.CA 94596 I .' Hospital in Martinez. An ambulance was sent from the County 2 - Hospital to Brookside Hospital to pick up Claimant. By this time 3 - Claimant had been sitting in a wheelchair at the nurse's station 4 - in the emergency room for approximately three (3) hours. 5 = Claimant was transported by ambulance to the County Hospital in . Martinez. When the ambulance arrived at the County Hospital, at - approximately 1:00 a.m. on March 5, 1987, Claimant was 8 immediately seen by the emergency room physician who had been 9 notified by Brookside Hospital of the transfer and was aware of 10 Claimant's critical state. The County emergency room physician, 11 Dr. Pond, noted that the infant's heartbeat was irregular and a 12 different posterial position should be tried to convert the 13 - fetus' heartbeat to a regular rhythm. Dr. Pond told Claimant 14 - that she should have been there at the County Hospital two (2) 15 hours ago. Dr. Pond discussed with Claimant that this kind of 16 _ thing has happened before at Brookside Hospital. When Dr. Pond 17 delivered Claimant's baby, the child was born dead. Dr. Pond 18 _noted that the umbilical cord was bent around the infant's 19 shoulder and neck region thereby restricting the flow of oxygen 20 _ to the child. Dr. Pond stated that because Claimant was sitting 21 for so long in a wheelchair, that each contraction was, in 22 = effect, choking the baby. Claimant was admitted to the County 23 -Hospital for approximately one (1 ) day and was then discharged 24 'home on March 6, 1987. 25 The aforementioned acts of Brookside Hospital, Dr. Moody, 26 _Spectrum, Inc. , and the other staff and agents for said 27 28 4 LAW OFFICES OF >IARRA(f 1\1 K. RI'I-is 225 ALPINE RD.,STE 204 VAL NUT CREEK.CA 94596 I _ Defendants, constitutes medical malpractice and "patient 2 = dumping. " In doing such acts, Brookside Hospital, and the other 3 said Defendants, violated their duty of care to Claimant and her 4 _ unborn child, and violated Claimant's civil rights pursuant to 5 = the United States Constitution and the laws of the United States 0 and the State of California. Claimant is informed and believes that Brookside Hospital 8 and its agents and staff, including Dr. Moody and other nurses 9 who have knowledge of the acts and events that took place on 10 March 4, 1987, also are in violation of State and Federal laws 11 pertaining to the recording of the care and treatment of Claimant 12 on the date that the incident occurred. Claimant's medical 13 records show that there are late entries made by various 14 individuals, including Dr. Moody, the first late entries which 15 were made approximately on March 18, 1987 in the medical chart of 16 Claimant. These entries purport to report the events as they 17 - occurred on March 4 and March 5, 1987 at Brookside Hospital. 18 _ These late entries were solely done to protect Brookside Hospital 19 and its agents and the other said Defendants from liability, and 20 _ were only put in after said Defendants came under investigation 21 - by various State and Federal authorities who learned of this 22 "patient dumping" incident when Dr. Pond testified before a 23 Legislative Committee several days after the incident occurred. 24 - DESCRIPTION OF DAMAGE OR LOSS: 25 Medical expenses, future medical expenses, loss of income, 26 - impaired earning potential, severe emotional distress, loss of 27 5 28 LAW OFFICES OF NARK%(( INI J'HI'1-11 225 ALPINE RD,STE 204 IALNUT CREEK,CA 94596 I _ services of the unborn child, loss of society, comfort of the 2 - unborn child, and funeral expenses. 3 The amount claimed as of the date of the presentation of 4 - this claim is computed as follows: 5 - DAMAGES INCURRED TO DATE: 0 MEDICAL MALPRACTICE: .7 1. Loss of Earnings According to proof 8 2. Medical and Hospital Expenses According to proof 3. Special Damages According to proof 9 4. General Damages $ 250,000.00 10 CIVIL RIGHTS VIOLATIONS: 11 1. Punitive Damages against 12 individual Defendants only According to proof 2. Attorney's fees According to proof 13 3. General Damages $1,000.000.00 14 15 TOTAL AMOUNT CLAIMED AS OF DATE 16 _ OF PRESENTATION OF THIS CLAIM: $1,250,000.00 17 18 SEND NOTICES TO• 19 20 CLYDE I. BUTTS LAW OFFICES OF MARRACCINI & BUTTS 21 _ 1225 Alpine Road, Suite 204 Walnut Creek, CA 94596 22 23 LAW OFFICES OF JAMES JAY SELTZER 24 A Professional Law Corporation 2150 Shattuck Avenue, Suite 600 25 Berkeley, CA 94704 26 27 6 28 LAW OFFICES OF M\RR.\I('1\1 d 81 111 1225 ALPINE RD,STE.204 NALNUT CREEK.CA 94596 N t S 1 ' DATED:' June` 4 1987. LAW OFFICES OF MARRACCINI & BUTTS LAW OFFICES OF JAMES JAY SELTZER 4 5 = By .. LYDE I. BUT 0 Attorneys for Claimant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ^ 24 25 26 27 7 28 LAW OFFICES OF I'A 0 RR['t'INA&.Mr.1-1 25 ALPINE RD.,STE,204 4.NUT CREEK.CA 94598 CLAIM - BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors. Routing Endorsements, ) NOTICE TO CLAIMANT July 7, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors ir (Paragraph IV below), given pursuant to Government Code Amount: $500, 000. 00 Section 913 and 915.4. Please note all •Warnings". CLAIMANT: BENNIE JOHNSON County Counsal c/o Anne Hipshman ATTORNEY: Law Office of Anne Hipshman JUN U 5 1987 433 Turk Street Date received MMa�rtinez, CA 94563 ADDRESS: San Francisco, CA 94102 BY DELIVERY TO CLERK ON June 1, 199T BY MAIL POSTMARKED: May 29, 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 5, 1987 PpHHIL BgATCHtELOR, Clerk DATED: Bel: Depu y L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 2 BY: Z! . Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (l\) 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: J U L 7 1987 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. AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. JUL L 8 .19A7 Dated: Q( BY: PHIL BATCHELOR by /Y y put Clerk CC: County Counsel County Administrator r LAW OFFICES OF ANNE HIPSHMAN 433 TURK STREET SAN FRANCISCO,CALIFORNIA 94102 1 TELEPHONE(415)775-3900 2 ATTORNEY FOR Claimant , 3 BENNIE JOHNSON 4 A 5 6 7 BEFORE THE BOARD OF SUPERVISORS 8 FOR THE COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 In the Matter of the Claim of: 12 BENNIE JOHNSON 13 Against County of Contra Costa; and 19 Contra Costa County Sheriff ' s Dept . / 15 16 The Claimant , through her attorney, makes claim against 17 the County of Contra Costa and the Contra Costa County Sheriff ' s Department , pursuant to Section 910 of the 18 19 California Government Code , and , in support of said claim, represents the following : 20 21 1 . The address of Claimant is : 484 Clifford Court , Pittsburg , California 94565. 22 23 2. All correspondence regarding this Claim should be 24 directed to: Anne Hipshman, LAW OFFICES OF ANNE HIPSHMAN, 433 25 Turk Street , San Francisco, California 94102, telephone number (415) 775-3900 . 26 27 3 . The last date of the occurrence giving rise to this 28 Claim is February 27, 1987, and continuing to the present. 4 . The place of occurrence is the Offices of the .W 1 Contra - Costa County Sheriff ' s Department , 651 Pine, Street , 2 Martinez, California. 3 5 . Statement of the Claim: Claimant BENNIE JOHNSON 4 has been denied opportunities for transfer into a position she 5 had been promised by a person in management in the Sheriff's 6 Department. Claimant believes these denials were made on the 7 basis of her race, Black, her gender and in retaliation for an 8 ongoing charge of racial discrimination against the County of 9 Contra Costa. Since the filing of her last tort claim against 10 the County of Contra Costa, Mrs . Johnson has been continuously 11 subjected to discrimination and harassment including , but not 12 limited to , the following : 13 (a) Despite her 11 years of experience in police 14 work and her outstanding qualifications , as determined by 15 contra costa County's own standards , Claimant has been denied 16 transfer to the position of senior clerk, which she applied 17 for within the Department several times . 18 (b) Between August ,1986 and February, 1987 Claimant made 19 several applications for the positions of Senior Clerk and 20 Experienced Clerk with the Contra Costa County Sheriff 's 21 Department. She was found to be qualified for these positions 22 and continued with the process toward selection, until she was 23 either notified that the position had been filled , or she 24 learned that someone else had been selected to fill each 25 position . 26 (c) In or about January 1987, Claimant applied for 27 the position of Senior Clerk , main Detention Facility . 28 Another , nonblack , male was selected for the position with 2 4% 1 less qualifications and seniority than Claimant. 2 . (d) on or about January 22, 1987 Thomas Young, Chief of 3 Management Services told Claimant that if the person selected 4 for the position .did not stay in that position that she would 5 be given the job. 6 (e) On or about February 26, 1985, Claimant learned 7 that the person who had been selected for the position 8 outlined in Paragraphs (c) and (d) herein above , had decided 9 he did not want the position. 10 ( f ) Mrs . Johnson then sent a memo to Mr . Young 11 requesting , pursuant to their agreement , that she be placed in 12 the position of Senior Clerk, main Detention Facility. Mr . 13 Young replied on February 27, 1987 that Claimant would not be 14 given that position. 15 6. On February 27, 1987 upon learning that Mr . Young 16 was not going to keep his promise, and place Claimant in the 17 position of Senior Clerk, she suffered a complete emotional 18 breakdown. 19 7 . The aforesaid acts and conduct of the County of 20 Contra Costa , the Contra Costa County Sheriff' s Department, 21 and their agents , including , but not limited to Thomas Young 22 had the purpose and effect of discriminating and retaliating 23 against Claimant , a black female employee of the County and 24 the Sheriff' s Department. 25 8 . The above acts in and of themselves constitute a 26 violation of federal and state employment discrimination 27 statutes , a violation of the California Constitution , 28 intentional infliction of emotional distress , negligent 3 1 infliction of emotional distress , tortious breach of contract 2 and civil conspiracy. 3 9. As a result of the aforesaid actions , Claimant has 4 been damaged in terms of lost wages and other benefits of 5 employment , including retirement , sick leave and other 6 benefits . Claimant has further suffered extreme emotional 7 distress and other injuries as a result of the above-mentioned 8 acts . Claimant has incurred and will continue to incur 9 medical bills , including psychiatric bills , as a result of the 10 aforementioned acts . 11 10 . The names of the persons responsible for causing 12 the damages herein claimed are : 13 Thomas Young , Chief of Management Services for the 14 Contra Costa County Sheriff ' s Department. Some other public 15 employees are responsible for the acts complained of herein 16 but their names are not known to the Claimant at this time . 17 11 . As a result of the foregoing, - Claimant , BENNIE 18 JOHNSON, claims damages in the amount of Five Hundred Thousand 19 Dollars ( $ 500 , 000 - 00 ) . At this time , Claimant cannot 20 ascertain the exact amount of medical bills to date , nor the 21 amount of damages to date . This figure therefore represents 22 the total claim , both past and prospectively, for the acts 23 alleged herein. 24 Dated : May 29, 1987 25 LAW OFFICES 7 ANNE HIPSHMAN 26 By A H41phman, 27 Attorney for Claimant 28 4 • CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA t Claim Against the County, or District governed by) BOARD ACTION the Board of Suoervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 7, 1987 and'Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $500, 000. 00 Section 913 and 915.4. Please note all "Warnings". County Counsel CLAIMANT: BENNIE M. DANIELS c/o Anne Hipshman JUN 0 5 1987 ATTORNEY: Law Offices of Anne Hipshman 433 Turk St.. Date received Martinez, CA 94553 ADDRESS: San Francisco, CA 94102 BY DELIVERY TO CLERK ON June 1, 1987 BY MAIL POSTMARKED: May 29, 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 5, 1987 PpHHIL BgATCHELOR, Clerk DATED: Bl�: OeputJ! 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: /1 V puty County Counsel . i 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present 06 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. JUL 71987 Dated: PHIL BATCHELOR, Clerk, By De'uty 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: J U L 987 BY: PHIL BATCHELOR by yCe ' Clerk ut CC: County Counsel County Administrator LAW OFFICES OF ANNE HIPSHNIAN 433 TURK STREET SAN FRANCISCO,CALIFORNIA 94102 TELEPHONE(415)775-3900 2 ATTORNEY FOR 3 Claimant , 4 BENNIE M. DANIELS JUN 5 6 7 8 BEFORE THE BOARD OF SUPERVISORS 9 FOR THE COUNTY OF CONTRA COSTA 10 STATE OF CALIFORNIA 11 12 In the Matter of the Claim of : 13 BENNIE M. DANIELS 14 Against County of Contra Costa; and Contra Costa County Social Services 15 Department 16 The Claimant , through her attorney, makes claim against 17 the County of Contra Costa and the Contra Costa County Social 18 Services Department, pursuant to Section 910 of' the California 19 Government Code , and, in support of said claim, represents the 20 following : 21 1 . The address of Claimant is : 339 Jimno Avenue, 22 Pittsburg , California 94565. 23 2. All correspondence regarding this Claim should be 24 directed to: Anne Hipshman, LAW OFFICES OF ANNE HIPSHMAN, 433 25 Turk Street , San Francisco, California 94102, telephone number 26 (415) 775-3900. 27 3. The last date of the occurrence giving rise to this 28 Claim is March 16, 1987, and continuing to the present. 4 . The place of occurrence is the offices of the Contra Costa County Social Services Department , County of 2 Contra Costa, State of California. 3 5. Statement of the Claim: Claimant BENNIE M. DANIELS 4 has been denied opportunities for transfer into the positions 5 of Social Services Program Assistant , and the entry level 6 position for Social Worker Trainee. Claimant believes these 7 denials were made on the basis of her race , Black, her age, 8 and because of her advocacy efforts on behalf of indigent 9 within Contra Costa County, who Claimant served . Claimant was 10 further harassed continuously from November , 1986 through 11 March 16 , 1987 , the date on which she was wrongfully 12 terminated . Claimant has been continuously subjected to 13 discrimination and harassment including , but not limited to, 14 the following : 15 (a) Despite her almost seventeen years of service in the 16 Contra Costa County Social Services Department , and 17 outstanding qualifications , as determined by Contra Costa 18 County' s own standards , Claimant has been denied transfer to 19 the position of Social Services Program Assistant , which she 20 applied for within the Department . 21 (b) Claimant was told initially that her application had 22 not been received timely. However , when claimant pointed out 23 the County ' s practice of considering applications postmarked 24 on the due date , Larry Hagstrom of Personnel agreed that a 25 mistake was make and told Claimant she would be considered for 26 the position. Claimant , though , was never interviewed and not 27 selected for the position. Someone with far less seniority 28 and fewer qualifications was selected . 1) (c) - C-laimant ' s application for the position of Social 2 worker Trainee was accepted by Personnel in writing . After 3 Claimant protested the lack of her consideration for the 4 position of Social Services Program Assistant , she was 5 notified orally that an error had been made, that she did not 6 meet the qualifications for Social Worker Trainee and her 7 application would not be considered . Claimant had previously 8 applied for the position of Social Worker Trainee and had been 9 found qualified for that position . 10 ( d ) In November , 1986 Claimant was given a false 11 performance review by her immediate supervisor , Richard 12 Cabral , indicating "improvement needed . " 13 (e) Claimant appealed this performance review to Jerry 14 Madden , a management employee within the Social Services 15 Department . Mr . Madden ratified the performance review, as 16 given. 17 (f) After receipt of the performance review outlined in (d) 18 hereinabove , Claimant was continuously harassed by Mr . Cabral 19 and others , and wrongfully terminated from her employment with 20 Contra Costa County on March 16, 1987. 21 (g) Claimant has been treated differently than other , 22 white, workers within the Social Services Department. These 23 other , white employees , make more , and more serious errors in 24 their work than those Claimant has been accused of making. 25 Several, white , employees who have not been able to perform in 26 one position have been transferred to other positions , rather 27 than having disciplinary action , including suspension an 28 termination leveled against them. 3 1 -6 In February , 1987 upon learning that charges 2 requesting termination had been filed against her ,she suffered 3 a severe emotional breakdown . 4 7 . Claimant was then terminated on March 16, 1987, 5 which termination was ratified by the employees of the County 6 of Contra Costa listed in Paragraph 8 hereinbelow. 7 8 . The aforesaid acts and conduct of the County of 8 Contra Costa , the Contra Costa County Social Services 9 Department and Personnel, and their agents , including , but not 10 limited to Richard Cabral, Sandy Bowen, Jerry Madden, Louise 11 Aiello , Lou Fizazzil Larry Hagstrom and Robert Jornlin had 12 the purpose and effect of discriminating and retaliating 13 against Cl,aimant , a black female employee of the County and 14 the Sheriff ' s Department. 15 9 . The above acts in and of themselves constitute a 16 violation of federal and state employment discrimination 17 statutes , a violation of the California Constitution, wrongful 18 termination ; wrongful suspension, intentional infliction of 19 emotional distress , negligent infliction of emotional 20 distress , tortious breach of contract and civil conspiracy. 21 10 . As a result of the aforesaid actions , Claimant has 22 been damaged in terms of lost wages and other benefits of 23 employment , including retirement , sick leave and other 24 benefits . Claimant has further suffered extreme emotional 25 distress and other injuries as a result of the above-mentioned 26 acts . Claimant has incurred and will continue to incur 27 medical bills , including psychiatric bills , as a result of the 28 aforementioned acts . 4 -11% The names of the persons responsible for causing 2 the damages herein claimed are : 3 Richard Cabral, Sandy Bowen, Jerry Madden, Louise Aiello , Lou 4 Figazzi , Larry Hagstrom and Robert Jornlin Contra Costa County 5 Social Services Department , and Personnel . Some other public 6 employees are responsible for the acts complained of herein 7 but their names are not known to the Claimant at this time. 8 12 . As a result of the foregoing , Claimant , BENNIE 9 M. DANIELS, claims damages in the amount of Five Hundred 10 Thousand Dollars ($500,000-00) . At 'this time, Claimant cannot 11 ascertain the exact amount of medical bills to date, nor the 12 amount of damages to date.. This figure therefore represents 13 the total claim , both past and prospectively, for the acts 14 alleged herein. 15 Dated : May 29, 1987 16 LAW OFFICES OF ANNE HIPSHMAN 17 By C)-.4- 18 Anne/ Hips an, Attorney for Claimant 19 20 21 22 23 24 25 26 27 28 5 CLAIM u t 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 Jul 7 1987 and Board Action. A1 ;Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $3, 000, 000- 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ROBERT J. WARREN COUnty Counsel 901 Court Street D Module A-11 SUN 1 5 198 ATTORNEY: Martinez, CA 94553 Mart,' Date received 11"R C ADDRESS: BY DELIVERY TO CLERK ON June 10, 1987 hand �e14553 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. June 12, 1987 PpHHIL BATCHtELOR, Clerk DATED: Bl�: Depu y 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: J �� BY: 41V� 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 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: J U L 7 1987 PHIL BATCHELOR, Clerk, By LY,V CC�� 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. JUL 8 198 (�Q_eQ� Deputy Clerk Dated: BY: PHIL BATCHELOR by CC: County Counsel County Administrator r CLA'M.TO:, BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant Return original application tc Clerk of the Board 651 Pine St., Room 106 Martinez. CA 94553 A. Claims relating to causes of action for death or­for 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 trust be presented not later than one year after the accrual of the -cause of action. (Sec. 911.2, Govt. Code) s. 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 oT-ttiis form. RE: Claim by )Reserved for Clerk's filing stamps 161A 1?L4� k2c WED Against the COUNTY OF CONTRA COSTA) or DISTRICT) (Fill n name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $� C�l�. ; l and in support of this claim represents as follows: !i_ ----------- --—r---r—r--i ww r w w w wwww MTFien did thelr�amage or �n3ury occur? Give exact date ani fiour� x,45' A ,/V1►, 0,AJ Ala v'-c 1t 4) 1`x97... `•i i w t - ! _!!r!_!— ! -wlr--_i__!w __w - !-l.s-iw-r—l—rwi-- wwwr �•((jj�� Rfieie did ER; damage or 1n3ury occur? IIncluc3e city and eountyf - lie C a,v na �"o s c Co ,11 -D ez e,nl co a c _/a ca�ed a / Ba a.�4-d .S r-e A'a w e Z) C 3T- How aid-the-Namage-or-in3u"ry`occur?r Giveuii a+ataiSs,iltlseweXYriawi sheets if required) a S c;Ccs l l �t�%i �'.A.� C,��c�1►t 21,.E �5 �'I �e�c� G�-�a..S .tel �..5�C e�., r y wou-'�� -o -he /ria w h gad F� r-Sz7- _10.,­_41111 . �n��a a c�a tti e� t�? _ 10�`�a 11 fje_�a4'is w f S upPZ�4zf 0 1,0j(A) — r — iw ii iww—r wi !— —iwwww_iiwi ww r MUM— at particular act or omisson on the part o county o istr�ct officers, servants or employees caused the injury or damage? a,_s Ato Va {�'� erose. Fc r- Adie aHf ac.kj Z J/.�'c 14)a 5 �ufhc a, �ct w,Jc•Al F, rhe f O P W a lVd 'VNA1C.CeS.5a N-y (over) (, Please kve F e t-- ie sa ppl°-44 e.Ne� oAJ Yom//ate Sit 1E e 5. What are the names of county or district fficers, servants or' employees causing the damage or injury? � 7-h e rVam e ? /1 C: C.4, P I r (e iA-cs po"usE 4"S Deewfy, TO M �n_�� do e _u� Ok CvSf'� u.t± 5 __ _ _____�. _ _ _ _ www www_4✓� �" .'�.' ' ;. 6. -What damage or sn3urles yoclaim resulted?w ZGtve u�I extent of in j ries or damages claimed. Attach two estimates, for auto _ damage �?i�- �`� L � � &P/e a5 e yt ,F � 7. 8 w was the amoun c1 imed above com uted? _�._____w___ww__ www ___ p tlnclude the est�iinated amount of any prospective injury or damage. ) r .V6 Z's b ased a.# gewe j.."a ( c"a.41Ree a5 ti- pa0/l a"Cd SOfiFen �£ a,vct psylcho/Q�'t/cal d94AXgES 17 Names and addresses of_witnesses, doctors and�hosptals. PIC-,R ','� _ K_w_List________.. t e .expenditures you made on account of-this accident or znlury: DTE.: :•R.e W:� � _s:. .;k w.., ITEM AMOUNT X6 Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) PgQ j..C-R or by some person on his behalf. " Name and Address of Attorney C a t Sgatture Ad rens �y Telephone No. Tele hgqne No10a �l1ih e +at h ons e.) 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." T ,s � --� �,- r`.n" r .-^^y-„a° - ,;..; '"sn_-- 'saP-�,„•r4a -rz Ysa.. a.+tnr --- '4.. A 9L v_ v UAI VI - _ . .e..s' Y cx" Y M '—^—•--•- —�•R-1�-�I •r—T Q ,y .- fJ I � m Y .. -. 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The jk-r,-�r w as Ala Va la excus e, Fow tke ai�a.ck alvd uNNecass ar�y Foote as ael 'be►�-�,-e��/ .2,csed to ilwFlt."cf . z ja rl _zt pool --QaLma -4, A :._. .:_::: �1�=t�pa•v� leas_-S�ems'_./.y�.� cs�l �-h�e_Tow b��edc'�y, S, .TAe wame of the CMpl�yee r-espons � ble zs. .__:fie p ut y_.:7P1 a o F . _ .. Cov�x a _-mss��a, ..�o u.��.y_._. S-l►_��� c�E`s: ...___: , __. _ fJepay�� e�✓�, �adye ,�lu�tbew X112-9, _ - 'r f J ',:�,3- «a i.'..•a<''-,.�+ww.�y zrs �r' +.u`3 ..r < ,� s `^."`.kw an�.�.+ r -aa. .`'a.____—• *W..X `ter Sell— ow e... •.sa& :. -n., c .r' �rrm�„-sss�.�sa.-as s is ur � J ,�.+�.^,., �;�..y-a�arp - ,�'r t ._,_. � � -_. ._. _ ._- ,.:_ ,«_ ..'�:»..'_'. rMw�`�r- �g-r"�'�`c.,.,�w.•• -w�e+�-+'a.f.+.+rro�^y`''+,evE "S.',.:�:.m,.,•`�- -. . rtr. �. 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SIMS � �G�-�pl� �-� .��:.iC� �•5 �D._._�Ir'��11•f��.G`�'S .. _FG t� L•l� c°d�� �14�� K..� $ S �/��K'�cfEJ:..c-�.ti/ .,��_�a t../n����. -eL a.A)d Ld e. � yes QF . etv �' ! mow._ Us p�fal sed -tk O/V "h is F6 r-C A e a.d.. . _ Cla /'.4aw� Clow .hof Ytemembei-. e-.V e 64)/ o F t e 'De pu i- - SA e^, IF tc�has e .__..�..- -S_u p �w V�'s�'oe1 C,1 a��� a•c1 t 1,�1 a s .7,�.�d� ��.����1 - _&rh c bt a,,`5 PO 0-t e-cl C%aICi'l awl- bacK �o-. .ke.. 9, Ala expews e,-s 1t/e pe LAICGlwa ed by c/a-iAivir`I „1►/t� c r� ea tv i�vq bti 4 s c /d b 5eov a Rob War, vtc/v al the addr- ess 6el.ou)v .ry la ",41 a V7415 Stiq,vat�x � qol dt Coin Sf � � - tL --r vd a //-&--g a-e-A7oAJ �---- - -- ---- ----- a w a y rt-aPA s --1._ .-t-kw0uC/A 9, -Llj---c/u_s1".Vt a-Ail-all _._... ---- ---- �.:_U.--Yhe_--,ttcm a404/7 p.aK_ayw&pAs . -oF----- e ya/),o a) Sk evez4s ..�Jh�ch - acco�a pawy_� .awl .fher�-eby -b���� , CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim A *nst the County, or District governed by) BOARD ACTION the Boaffof Suoervisors. Routing Endorsements, ) NOTICE TO CLAIMANT July 7, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: X250, 000. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: FREDRICK LUU County Counsel c/o Harold V. Sullivan, II JAN 15 19 ATTORNEY: 345 East Santa Clara St.. #200 87 San Jose, CA 95113 Date received Mart' ez ADDRESS: BY DELIVERY TO CLERK ON June 9, 198 . , CA 9,1,5�3 BY MAIL POSTMARKED: June 8 , 1987 Certified P 058 464 214 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 12, 1987 PpHHIL ggeTCHtELOR. Clerk DATED: Bl�: D pu y 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: / / 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 its minutes for this date. Dated: J U L 71987 PHIL BATCHELOR, Clerk, By a%� �� 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JUL . .8 1987 BY: PHIL BATCHELOR by ► y De ut Clerk CC: County Counsel County Administrator . UW OFFICES OF O INGLEWOOD OFFICE 'c- INGLEWOOD HAROLD V.SULLIVAN,II • Ha�oL� �. ,l CITY HALL,SUITE 500 HENRY LEVINE W ONEEMANCHESTER BOULEVARD INGLEWOOD,CALIFORNIA JOEL M.PORES A PROFESSIONAL CORPORATION " NOI MA B.HUTNER (213)878-1151 .(213)674-1151151 RONALD E.HERMANSON 345 EAST SANTA CLARA STREET, SUITE 200 0 WESTMINSTER OFFICE (� n 8061 SOLSA AVENUE.SUITE 205 OF COUNSEL: San dose, CaC�6onnia 95113 WESTMINSTER,CALIFORNIA 82883 MARVIN BALOWIT2 (J (714)895.8850 '1.800-531-0020 ' A PROFESSIONAL CORPORATION (408) 971-8191 IN REPLY REFER TO FILE " A LAW CORPORATION ' June 2 , 1987 SJ-87157 County of Contra Costa = Clerk of the Board REaIVIP 651 Pine Street, Room 106 Martinez, California 94553 a - JUN 1' 1987 RE: CLIENT' S CLAIM Our Client: Fredrick Luu ' on Date of Accident: 5-7-87 y Gentlemen: Pursuant to Government Code, Section 910, we present this Claim to you on behalf of this claimant, our client and request that your notices regarding this matter be sent to us: 1 . Name and address of claimant: Fredrick Luu, 724 Lassen Street, Richmond, California 94805 . 2 . Date, time and place of damage or injury: May 7 , 1987 , 9 :10 PM, 23 rd Street at intersection of Market, Richmond, California. 3 . Description of damages, injury or loss: Fredrick Luu suffers headaches, loss of sleep, pain at left side of the body, neck and severe chest pain, and damages to his vehicle, a 1980 Toyota. 4 . How did the damage or injury occur? Mr. Luu was on Market Street in the middle of 23rd St. intersection when he was hit board side by a police vehicle. 5 . Name of public employee causing the injury or damage, if known: Officer Darin Olton. 6 . Amount claim and basis of computation: $250 , 000 . 00 plus medical expenses and loss of earning. Please notify us if our claim form does not meet your standard requirement in presenting the above claim. The undersigned is looking forward to hear from you. Very truly yours, JtOFFICE�pC)F H OLD SULLIVAN, II , P.C. C. t,�,'�` /`'' ��! B�V, Harol V. Su liban, 1'" HVS/fhn + CLAIM • BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Suoervisors. Routing Endorsements, ) NOTICE TO CLAIMANT July 7 , 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $50,000- 00 Section 913 and 915.4. Please note all "Warnings". County Counsel CLAIMAuT: SANDRA MACK c/o Robert C. Kellnan, Esq. JUN U 51987 ATTORNEY: 506 15th St. #600 Oakland, CA Date received Martinez, CA 9455; ADDRESS: 1ok BY DELIVERY TO CLERK ON June 4, 1987 BY MAIL POSTMARKED: June 3 , 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 5 1987 PPHHIL BATCHELOR, Clerk DATED. Bel: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. 0� 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: Deputy 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 (v) 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.. Oated:J U` 7 1987 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JUL . - 8 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator POST & KELLMAN ATTORLAW 50615TH STREET SUITE 600 OAKLAND, CA 94612-1499 (415) 832-6900 LEONARD POST June 3, 1987 ROBERT C. KELLMAN LESLIE TICK Contra Costa County Board of Supervisors 651 Pine Street, Room 106 Martinez, California 94553 Re: Claim of Sandra Mack 2110 Crestview Lane, #D Pittsburg, CA 94565 Gentlepeople: Enclosed please find Government Code Claim Form which is being presented on behalf of Sandra Mack. This office has declined to represent Ms. Mack beyond the point of filing the 100-day statutory claim to protect her rights. Please send all further correspondence on this matter directly to Sandra Mack at the address shown above or to whatever attorney she should designate in the future. Thank you for your cooperation. Very ru y yours, ROBERT C. KELLMAN RCK:sg Enclosure 1 PROOF OF SERVICE BY MAIL [C.C.P. Secs. 1012a, 2015. 51 2 I declare that: 3 I am employed in the County of Alameda, State of California. 4 I am over the age of 18 years and not a party to the within 5 cause; my business address is 506 Fifteenth Street, Suite 600, 6 Oakland, CA 94612 . 7 On June 3, 1987, I served the within Government Code Claim 8 9 Form on the following by placing a true copy thereof enclosed in 10 a sealed envelope with postage thereon fully prepaid in the United States mail at Oakland, CA, addressed as follows: 11 12 Contra Costa County Board of Supervisors 651 Pine Street, Room 106 W, 13 Martinez, CA 94553 a 14 I declare under penalty of perjury that the foregoing is Q a $ 15 true and correct and that this declaration was executed on N June 3, 1987, at Oakland, California. o"s 16 `6 17 18 SHARON L. GREENE 19 20 21 22 23 24 25 26 27 28 w J GOVERNMENT CODE CLAIM TO THE GOVERNING BODY OF: CONTRA COSTA COUNTY BOARD OF SUPERVISORS OUR CLIENT AND CLAIMANT: RECEIVED NAME: SANDRA MACK 1987 ADDRESS: 2110 Crestview Lane, #D JUN Pittsburg, CA 94565 ' Date/Injury: 3/25/87 Place/Injury: The visiting area of Marsh Creek County Jail, town of Clayton, County of Contra Costa, State of DESCRIPTION OF INCIDENT: California Claimant was visiting inmate Kevin Banks . During that visit , he started beating her in full view of other inmates and their visitors , who were located in the cafeteria visiting area.. He hit her 8 to 10 times. No guards were present to protect her. No one stopped Mr. Banks from hitting her. The incident was reported to Deputy Carter on the date it occurred. NATURE OF DAMAGES: Headaches and stiff neck, bruised and swollen face and a hole in Claimant ' s left eardrum. AMOUNT OF CLAIM: $50,000 . 00 ATTORNEYS TO WHOM NOTICES SHOULD BE ADDRESSED: ROBERT C. KELLMAN, ESQ. 506 - 15th St. , Suite 600 Oakland, CA 94612 Dated: June 3 , 1987 C. KELLMAN Attorney for Claimant CLAIM A-21 -' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the 15ard of.SuOervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 7 , 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $50, 000. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: SANDRA 14ACK c/o Robert C. Kellman, Esq. County Co�ns�l ATTORNEY: 506 15th Street #600 JUri Oakland, CA 94612 Date received 871987 ADDRESS: BY DELIVERY TO CLERK ON Juddaffin 9 94553 BY MAIL POSTMARKED: June 3, 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: June 12, 1987 er: Deputy L. Hall 1I. 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: /) 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 ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. !� Dated: JUL 7 1987 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JUL 8 1987 BY: PHIL BATCHELOR by p y Clerk ��"�be ut 1 rk CC: County Counsel County Administrator GOVERNMENT CODE CLAIM TO THE GOVERNING BODY OF: CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT OUR CLIENT AND CLAIMANT: J &%ZI�tt'ED - NAME: SANDRA MACK 1 v ADDRESS: 2110 Crestview Lane, #D - .DUH � '��' Pittsburg, CA 94565 Date/Injury: 3/25/87 Place/Injury: The visiting area of Marsh Creek County Jail, town of Clayton, County of Contra Costa, State of DESCRIPTION OF INCIDENT: California Claimant was visiting inmate Kevin Banks . During that visit , he started beating her in full view of other inmates and their visitors, who were located in the cafeteria visiting area. He hit her 8 to 10 times. No guards were present to protect her. No one stopped Mr. Banks from hitting her. The incident was reported to Deputy Carter on the date it occurred. NATURE OF DAMAGES: Headaches and stiff neck, bruised and swollen face and a hole in Claimant ' s left eardrum. AMOUNT OF CLAIM: $50 ,000 . 00 ATTORNEYS TO WHOM NOTICES SHOULD BE ADDRESSED: ROBERT C. KELLMAN, ESQ. 506 - 15th St. , Suite 600 Oakland, CA 94612 Dated: June 3, 1987 RT _C7 KELLMAN Attorney for Claimant 1 PROOF OF SERVICE BY MAIL [C.C.P. Secs. 1012a, 2015. 5 ] 2 I declare that: 3 I am employed in the County of Alameda, State of California. 4 I am over the age of 18 years and not a party to the within 5 cause; my business address is 506 Fifteenth Street, Suite 600, 6 Oakland, CA 94612. 7 On June 3, 1987, I served the within Government Code Claim 8 9 Form on the following by placing a true copy thereof enclosed in 10 a sealed envelope with postage thereon fully prepaid in the 11 United States mail at Oakland, CA, addressed as follows: 12 Contra Costa County Sheriff' s Department 3 P. 0. Box 391 g 13 Martinez, CA 94553 Q 14 I declare under penalty of perjury that the foregoing is ~�$ 15 true and correct and that this declaration was executed on N June 3, 1987, at Oakland, California. 16 ' §o; 17 18 SHARON L. GREENE 19 20 21 22 23 24 25 26 27 28 CLAIM • ,. BOARD OF4UPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Agai�F;t the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 7, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $250, 000. 00 Section 913 and 915.4. Please note all `War4kffihty Counsel CLAIMANT: GEORGE E. RICHARDSON JUN U 51987 c/o Frank R. Frisch ATTORNEY: Attorney At Law Martinez 2907 Salvio St. Date received CA 94553 ADDRESS: Concord, CA 94530 BY DELIVERY TO CLERK ON June 2 , 1987 hand del. 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. June 5, 1987 pp�{IL BATCHtELOR, Clerk DATED: 8�1: Depu y L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy 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 entered in its minutes for this date. Dated: J U L 7 1997 PHIL BATCHELOR, Clerk, By �/ Gt- 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimantasshown above. Dated: JUL 8 1987 BY: PHIL BATCHELOR byZ/K/4'Ze_--Deputy Clerk CC: County Counsel County Administrator CLAIM AGAINST PUBLIC ENTITY it JON K" 1987 At TO: CONTRA COSTA COUNTY, by and through the Board o Supervisors of the County of Contra Costa, State of California. GEORGE E. RICHARDSON hereby makes claim against the County of Contra Costa, State of California, for the sum of $250,000. 00 and makes the following statements in support of the claim: 1 . Claimant' s post office address is P.O. Box 4000, C-88837, Bed 15T, 1 Lower, Vacaville, California. 2. Notices concerning the claim should be sent to, FRANK R. FRISCH, Attorney at Law, 2907 Salvio Street, Concord, California. 3. The date and place of the occurrence giving rise to this claim, are, March 3, 1987, at the Contra Costa County Jail, Martinez , California. 4. The circumstances giving rise to this claim are as follows: The claimant, GEORGE E. RICHARDSON was a prisoner in the Contra Costa County Jail, Martinez , California. On March 3, 1987 at approximately 2: 30 p.m. , the claimant was walking across the floor in the inmate coffee area in the jail facility, and as he approached the coffee machine, he slipped and fell on water or other liquid on the floor of the facility. The facility was in a dangerous condition due to the liquid that had been left on the floor. This fall caused claimant serious injuries. 5.. Claimant' s injuries are to his hip, lower back, and other injuries. Claim Against Public Entity Page Two 6. At this time, claimant is not sure of the names of all of the employees causing the injuries to him in this incident. There were public employees who were witnesses, who are mentioned in the Sheriff' s Department reports of the matter, there were also inmate witnesses, who are mentioned therein. The claimant is aware of Sheriff' s Deputies Clucks, Harmon, and Turner, as very possibly being witnesses to or involved in the situation. Claimant anticipates securing further information concerning witnesses, during the course of discovery in the matter. 7 . My claim as of the date of this claim is $250, 000. 00. 8. The basis of computation of the above amount is as follows: Medical Expenses Incurred to Date $ Unknown Estimated Future Medical Expenses Unknown Loss of Wages Unknown General Damages 250,000. 00 TOTAL $250,000. 00 DATED: June 2, 1987 /w.. F NK R. FRISCH Attorney for Claimant CLAIM /117- / 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 Juiy77, and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all •Warnings". CLAIMANT: RICHARD LEE CUNNINGHAM County Counsel c/o Lincoln & Gustafson ATTORNEY: 225 Broadway ' 1150 JUN U 5 1987 San Diego, CA 92101 Date received MM ADDRESS: BY DELIVERY TO CLERK ON June 1, 1985rtinez, CA 84553 BY MAIL POSTMARKED: May 29, 1987 Certified P 191 425 591 I. FROM: Clerk of the Board of Supervisors 10: County Counsel . Attached is a copy of the above-noted claim. .Tune 5 , 1987 EVIL BATCHELOR, Clerk DATED: Bl�: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors �rQ 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: 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 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. JUL 7 1981 Dated: 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. '�/ Dated: JUL8 1987 BY: PHIL BATCHELOR by � / puty Clerk CC: County Counsel County Administrator RECEIVED PROPOSED CLAIM AGAINST 1987 THE STATE OF CALIFORNIA JUN T TO: THE COUNTY OF CONTRA COSTA: The following Claim for Equtable Indemnity/Implied Indemnity/Partial Indemnity/Total Indemnity is hereby made by and on behalf of the below named claimants against you: A. NAME AND POST OFFICE ADDRESS OF CLAIMANT RICHARD LEE CUNNIGHAM, SR. d/b/a GREAT WESTERN TRANSPORT, ROUTE 1, BOX 187A, OAKLEY, CALIFORNIA. B. ADDRESS TO WHICH NOTICES ARE TO BE SENT: LINCOLN & GUSTAFSON, 225 BROADWAY, SUITE 1150, SAN DIEGO, CALIFORNIA 92101. C. DATE, PLACE AND OTHER CIRCUMSTANCES WHICH GIVES RISE TO THIS CLAIM: 1. Attached hereto and incorporated herein by this reference is Complaint for Damages for Wrongful Death, Personal Injuries and Emotional Distress (Civil Code Section 3333; Code of Civil Procedure Section 377; Probate Code Section 573), Case Numbe4r 296377, filed with the Superior Court of the State of California for the County of Contra Costa on January 28, 1987 and served on Claimant herein on February 21, 1987. 2. At all times herein mentioned, Vasco Road, at approximately 3.3 miles south of Camino Diablo in the County of Contra Costa, State of California was negligently and carelessly designed, maintained, constructed, and inspected, so as to cause a defective and dangerous condition. Said dangerous and defective condition included, among other things, an unduly slick roadway, improper speed limit, failure to warn of curves, failure to warn of windy conditions, a lack of center divider, and lack of sufficient lighting. Claimant is further informed that the above governmental entity was aware of numerous serious accidents on the subject roadway. The aforementioned dangerous conditions caused the injuries which are referred to in the Complaint for Damages for Wrongful Death, Personal Injuries and Emotional Distress, Case Number 296377, attached hereto. D. AMOUNTS CLAIMED: WHEREFORE, Claimant claims equitable indemnity/implied indemnity/ partial indenity/total indemnity from The COUNTY OF CONTRA COSTA for any and all damages awarded against Claimants pursuant to Case Number 296377, for costs of suit, for costs of investigation and attorney's fees and for such other and further relief as the Court may deem just and proper. DATED: May 29, 1987 LINCOLN & GUSTAFSON By: THOMAS J. LINCOLN p23/038 :�� j •, SUMMONS (CIMc:ON JUDICIALI +•in rMMr Vst GeV• NOTICE TO DEFENDANT. (Asi%o i Acwjdo) RICHARD LEE'CU.'.IIN.GKX,,- JR., d/b/a :LICK'S TRUC"INS;��IC:l.1^0 LCE CUNNI,;GhAt, SR., d/b/a GREAT WESTER:. ;;'.At;SPORT; '1E.:C!1, a neneral nartnershin; MICPAEL TARAUG0; LYDIA AtlPARO TA.'.ANGO;, JA:IES L. CbSETTI; JOHN VALENTIOE; and DOES 1 throuc+h 5, inclusive: YOU ARE BEING SUED BY PLAINTIFF: - fA W. le t.+st.r d mandindoi RICHARD P. GALLUP, CHRISTIiSE VA'I HUIZE1`1, and WILLIAM DOUGLAS, Guardian Ad Litem for CRIA'i DOUGLAS, a rAnor. You have 30 CAtFNDAR DAYS aper this sum- Despuei de cue le entrreven esti citicinniudiciJ/ usted mons is serveo on You to file a typewritten re- Ilene tan cliza ac 30 OCAS CALENDARIOS viri persrntir SoonSe at this town. Una r"puesta escrtta a maoutna en esta cone. A letter of phone call will not protect you: your Una tarri o uni llamida teletarrira no le oirrcrm tvpewrinen response must tse in orooer leual pmteccron. su rrioursra escnta a mdOuini Irene our form if you want the court to Hear your case. cumotir con lit rormisidirlei letrilei aproolidis 11 usud If you do not file vour response on time. you may qulrrr que iJ torte ewucne su cisa► lose the case. ano your wanes. money ano ero- Si ucfetid nn Orrierfra su rrlt7urSfa J hemora purOe perCeT Certy may ae t3sen wrtnout tunr.er Warranq from el cisn ► to cue-cen oultir su wwax su ornrrn s nrrys Crows the court. ae su prtloteoitl stn aolctvnat our pine oe tJ torte. There are other lecat ronutrem!nts. You m3v ftittetr NMI rrf7ulirtoi leeiiri. Put-de Cue usteo Quirm a want to cast an attorney richt awray. it you co not 114mir i un dnneica inmeatiu entr. :! no conr►ce i un know an attorney. you r'n3v cat►an anntrev trier- anoint puroe rlitnir i un ser%lcta cc rrterrncii cc rat service or a teg3i aio o:tice U+steo in mis pnone aonciani o a uni oticlnJ Ce JVUCJ ltW1 rWd rt Orrt`CtOrrn booK 1. telernnrc or. +e name ants atsoress of the court :s: V nomore r oireccron de td come est 6377 SUoER I OR COU^i , Cts.ITRA COSTA COUi!TY, STATE OF CAL I FOPA I 725 Court Street Martinez, California 94553 i• n.tn+•- JazFess ano !e1f2me"• nutrtel C! L ,s.nt.•f'S attcrrov. ^r CJt"9rnAv •s-. j-U•'rf7-f- It t:-rtrf&.of- s r• .:r 'r•r:•�A .:e•• �.::7wJ.:J t:r• Crr+•.tr.,:Jnrr „• s.w• v'z•"'int:.:r'a' -r ..q .'der .rJi�J�J r�+ LAW,'%E;iCC .^.. ALESSIa Co-Counsel : YOU'!G, :10CL0RiDGE9 FAULOE.1, SELF, FARR & GRIcFM Attornev at Lair 1675 Chester Avenue, 5th Floor ?550 Fifty Avenue, Suite 710 Sakersfield, California 93311-5293 San Dieno, California 92103 (305) 327-:661 (61") 231-0-5553 ,rE. JAN 28 V /'� /"��� Cert ► ....'- , Ceouty ..„ J.R• OLsSSOil Crr:.Jrn• �r•wr�anr r a� 110110E To THE PERSON 5EAVE0, *ow ars set♦" is an enniv•ttuat cetencant ♦. ��^ as the ceeson sued 4rWee tn• t ctttious n smw of rspecifyU 3. t an t:enait of naecilvl: uncer aCCP atR to icorooraaont CCP 416 E0 tr,anort CCP 4116 :3 idetunct corooranont CCP 416 70 ieonservateet CCP 416 4o tissoctation of pannersnoo► CCP ttt6 90 t•now-ow►► OMr1 1 f-L-7 • ± at . - tflACE 861Aw FOIL F M WQ WAMP ONLY) . 1 LA'wRENcz R. Autsslo A7iwwRT AT LAw 25M Irwm Arotyu- $L=z 1000 2 SAX DIEM CALWOMM 54103 3 Co-counsel : �s19� zsl•sssa YOUNG, WOOLDRIDGE, PAULDEN, SELF, FARR do GRIFFIN Q 1S a 4 1673 Chester Avenue, 4th Floor Bakersfield, CA 93301-5298 JAN '2*$ 1987 b Anorn for Plaintiffs RICHARD P. GALLUP and CHRISTINE VAN HUIZEN 9 e1 �,�owaowrT _ 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF CONTRA COSTA 10 1 11 RICHARD P. GALLUP, CHRISTINE } No. �-X963 ( 7 VAN HUIZEN, and WILLIAM DOUGLAS,} 12 ; Guardian Ad Litem for BRIAN DOUGLAS, a minor, f 13 Plaintiffs, ) COMPLAINT FOR DAMAGES FOR i V. } WRONGFUL DEATH, PERSONAL 1411 1 } INJURIES AND EMOTIONAL. DISTRESS RICHARD LEE CUNNINGHAM, JR., } {Civil Code Section 3333; 15 d/b/a RICK'S TRUCKING: } Code of Civil Procedure RICHARD LEE CUNNINGHAM, SR., } Section 377; Probate Code 16 d/b/a GREAT WESTERN TRANSPORT; } Section 373) MEXCAL, a general -17 partnership; MICHAEL TARANGO; LYDIA AM FARO TARANGO; JAMES L.) 18 COSETTI; JOHN VALENTINE; and ) DOES 1 through 3, inclusive, ) 19 Defendants. ) ) 20Plaintiffs RICHARD P. GALLUP and CHRISTINE VAN HUIZEN complain 21 ! and allege as follows: 221 1. Each Plaintiff named above is a competent adult except Plaintiff BRIAN 231 DOUGLAS, who is a minor for whom a guardian ad litem has been appointed. 24 2. Each Defendant named above is a natural person except Defendant 25 MEXCAL, which Plaintiffs allege, on information and belief, to be a California general- 26 1 partnership. 27 3. The true names and capacities of the Defendants sued herein are 28 unknown to Plaintiffs. -1- 1 1 4. This Court is the proper court because at least one Defendant now 2� resides in this jurisdictional area, and the death occurred in this jurisdictional area. 3 3. The damages to Plaintiffs for wrongful death and the relationships of 4 the Plaintiffs to the deceased are as follows: 5 Richard P. Gallup, husband of deceased; G Christine Van Huizen, daughter of deceased; 7 Brian Douglas, son of deceased. 8 6. Plaintiff RICHARD P. GALLUP has suffered wage losses, hospital and 9 medical expenses, property damage, loss of use of property, loss of earning capacity, 10 general damages, and emotional distress. 11 7. The relief sought in this Complaint is within the jurisdiction of this l2. Court. C. 13; 8. At all times mentioned, Defendant Does 1 through 3, inclusive, were the t 14 ! agents, servants and employees of their co-Defendants, and, in doing the things I 151 hereinafter alleged, were at all times acting within the scope of their authority as 151 such agents, servants and employees, and with the permission and consent of their co- 171 Defendants and of each other. I 131 9. At all times mentioned, Vasco Road, at approximately 3.3 miles south of Camino Diablo, was and is a public road, running generally north and south, located i 20! in Contra Costa County, State of California. 21 10. At all times mentioned, Defendant RICHARD LEE CUNNINGHAM, JR. 22. was the driver and co-owner of a 1966 White truck, Vehicle License No. V9049312. 23 11. Plaintiffs are informed, and on that basis allege, that RICHARD LEE 21 CUNNINGHAM, SR. was a co-owner of the 1966 White truck, License No. V9049312. 25 12. Plaintiffs are informed and believe, and thereon allege, that at all 26 times herein mentioned, Defendants LYDIA AMPARO TARANGO, MICHAEL 27 TARANGO, JAMES L. COSETTI and JOHN VALENTINE were the owners of a 1963 23 Fruehauf two-axle dump truer, License No. VW4157, which was being towed by Defendant RICHARD LEE CUNNINGHAM, JR. -2- 13. Plaintiffs-are informed and believe, and on such information and belief 2 allege, that Defendant MEXCAL, a California general partnership, had an ownership 3 interest in the subject trailer and/or hired Defendant RICHARD LEE CUNNINGHAM, 4 JR. to haul the subject trailer. 5 First Cause of Action G (Damages for Personal injuries to Decedent DIANA GALLUP) 7 14. 4n or about November 10, 1986, on Vasco Road, approximately 3.3 miles 8 south of Camino Diablo, in the County of Contra Costa, State of California, Plaintiff 9 RICHARD P. GALLUP was operating a motor vehicle with License No. A0187526, 10 1 whose passenger was his spouse, DIANA MAY GALLUP. 15. That at such tirne and Iace, Defendants, and each of them, so 11 � P 12', negligently and carelessly managed, operated, employed, entrusted and allowed 13!, Defendant RICHARD LEE CUNNINGHAM, JR. to drive in such a negligent manner as 11 ;i to cause his truck and trailer to cross over the center divider on Vasco Road into lS�a Plaintiff RICHARD GALLUP's lane of travel, thereby proximately causing Plaintiff to 161 collide with Defendant's truck and tractor. Said collision proximately caused the 17, injuries and damages hereinafter described. i 13 i 16• As a proximate result of Defendant's conduct, Plaintiff's spouse, I 191; DIANA MAY GALLUP, was severely injured in the accident, and for a period of ten 20: days, was in intensive care, after which time she died as a result of the injuries ;t - 21 i sustained. 2`: 17. As a further, direct and proximate result of Defendant's conduct as 1 231 aforesaid, Plaintiff RICHARD P. GALLUP was required to and did employ physicians I 211 to examine, treat and care for his deceased spouse, and, by reason thereof, Plaintiff 25; has incurred medical expenses in an amount in excess of $35,000.00. t 2G i Second Cause of Action t 27! (Wrongful Death) 2311 18. Plaintiffs incorporate herein by reference Paragraphs 1 through 17 i -3- 1 , above as4hough fully set forth herein. 2 19. Prior to the death of DIANA MAY GALLUP, Plaintiff RICHARD P. 3 GALLUP lived with her, and was dependent on her for his support and maintenance. s 4 At all times prior to her death, the decedent, DIANA MAY GALLUP, was a faithful 5 and dutiful wife to her husband, RICHARD P. GALLUP. 5 20. Prior to the death of DIANA MAY GALLUP, Plaintiff BRIAN i 7 DOUGLAS lived with her, and was dependent upon her for his support and mainten- 1 8 ance, and she acted as a faithful and dutiful mother to Plaintiff BRIAN DOUGLAS. s 9 21. Prior to the death of DIANA MAY GALLUP, Plaintiff CHRISTINE VAN } 10 HUIZEN was her daughter, and was dependent upon her for her love, affection and 11 guidance, and Decedent DIANA MAY GALLUP was a faithful and dutiful mother to 12'I her daughter. 13;` 22. As a proximate result of the negligence of Defendants, and each of 14 i them, and of the death of decedent DIANA MAY GALLUP, the decedent's heirs have i 15i sustained pecuniary loss resulting from the loss of the society, comfort, attention, 1 G services and support of decedent in the sum of $1,000,000.00. 171 23. As a further proximate result of the negligence of Defendants, and I 13 j each of them, and of the death of decedent, RICHARD P. GALLUP has incurred 19 funeral and burial expenses in the sum of $2,400.00, which is the reasonable value of 20' such services. s 211 Third Cause of Action 22; (Emotional Distress) 231 24. Plaintiff RICHARD P. GALLUP incorporates herein by reference, as 21 i though fully set forth at length, Paragraphs 1 through 17 of this Complaint. 251 23. Plaintiff RICHARD P. GALLUP, the driver of the vehicle at the time i 261 of the subject accident, witnessed the resulting injuries to his deceased wife, DIANA 271 MAY GALLUP, and as a result thereof, and further, as a natural consequence of the 281 relationship of Plaintiff RICHARD P. GALLUP with the decedent, sustained, and _IA_ r r 1, continues to sustain, emotional shock, disturbance, injury to his nervous system and 2 person, all of which have caused, continue to cause, and will cause him physical and 3 mental pain and suffering, all to Plaintiff's damage in an amount presently unknown to 4 him. Plaintiff therefore prays for damages in an amount according to proof. 1 5 Fourth Cause of Action - & (Personal Injuries to RICHARD P. GALLUP) 7 26. Plaintiff RICHARD P. GALLUP incorporates herein by reference as 8 though fully set forth at length Parargraphs l through 17 of the Complaint. 9 27. As a proximate result of Defendants' conduct, Platritiff RICHARD P. 10, GALLUP was severely injured in the accident. 21 23. As a further direct and proximate result of Defendants' conduct, 12', Plaintiff RICHARD P. GALLUP was required to and did employ physicians to examine i� 13him, treat and care for his injuries, and by reason thereof, incurred medical expenses 14 !1 and has suffered injuries, all to Plaintiff's darnage in the amount of $50,090.0. I` 151' WHEREFORE, Plaintiffs pray for judgment against Defendants, and each 16 of them, as follows: 17� I. On Plaintiff RICHARD P. GALLUP's First Cause of Action: i 131 (a) General damages according to proof; IT (b) Medical and incidental expenses related thereto according to proof. 20:' 2. On the Second Cause of Action: Plaintiffs RICHARD P. GALLUP, 211 BRIAN DOUGLAS and CHRISTINE VAN HUIZEN for the wrongful death of DIANA 224} MAY GALLUP, damages in the sum of $1,000,000.00; 23; 3. On Plaintiff RICHARD P. GALLUP's Third Cause of Action, for 241 damages in an amount presently unknown; 25, 4. On Plaintiff RICHARD P. GALLUP's Fourth Cause of Action, for 26! damages for personal injuries in the sum of $30,000.00; 2' S. For funeral and burial expenses incurred by RICHARD P. GALLUP in 23 the sum of $ Z S" -5- t t t 1 6. For all causes of action, for costs of suit herein incurred; and 2 7. For such ocher and further relief as the Court may deem proper. 3 4 LAWRENCE R. ALESSIO 5 Attorney for PIaintiffs 6 7 8 10 11 i r� 131 14!1 15i .16 17 13� - 1J' 20. i 211 22! I 23 241 25 1 261 27� 23 -6- i CLAIM BOARD OF SUPERVISORS OF CM*TRA COSTA COUNTY, CALIFORNIA C1aimiAgainst the County, or District governed by) BOARD ACTION the -O.oard of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July-7 , 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Gove�rtnnmmeent Code unty Amount: $500, 000- 00 Section 913 and 915.4. Please note all -Warn . Counsel CLAIMANT: DANNY DARNELL JOHNSON JUN U 5 1987 c!o MDS INK/M. Douglas Swan Martinez, CA 9453 ATTORNEY: 1560 Pine St.#5 Concord, CA_ 94522 Date received ADDRESS: BY DELIVERY TO CLERK ON June 1, 1987 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. June 5, 1987 IVIL BATCHELOR, Clerk DATED: Bll: 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: ntllvu BY: Z&-beputy 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: J U L 7 1987 PHIL BATCHELOR, Clerk, By W 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 Dail 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: . .8 ? BY: PHIL BATCHELOR by ��>�/et"�/; puty Clerk CC: , County Counsel County Administrator CLAIM T`: ,^t. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ' ` Instructions to Claimant Return original application to Clerk of the Board 651 Pine St., Room 106 Martinez. CA 94553 A. Claims relating -to causes of action for death or-for injury to person or to personal property or growing crops crust be presented not later than the 100th day after the accrual of the rause of action. - Claims relating to any other cause of action crust be presented not later than one year after the accrual of the -cause of action. (Sec. 911.2, Govt. Code) S. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Fine 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. !*A*RIARftR+tlttt�*�rt�r�lr�+RtR1RlRR�R*�*t!!1k/cR+RARRft*t�!!!* IrIrRRltttttl�RA�*RRt RE: Claim by )Reserved for Clerk's filing stam_ps Danny Darnell Johnson ) RECEIVED Against the COUNTY OF CONTRA COSTA) JUN { 1987 q'3'SG or Contra Costa County DISTRICT) 06, _ (Fill n name ) The undersignned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ _Snn , npn _00 and in support of this claim represents as follows: wwwr -ww w �.- .ser--w ws-rrwrrwrwww- ww--wrwww.rw ---rrr r rrr rrrr Z. I�T}�ien did-the damage or �n3ury accur? Give exact date an8 flours May 28th , 1987 Approx 5 :45AM "ama`e` or �n=ur" occur? " - ---:wr"r' ------- county 3 y Include city and"countyS MacDonalds , California Street, Walnut Creek CA 3. rw ww-w w w w-w-----w --------- -------- -I �.w w - w w- w w r rw wrrr rr:r- 3. Bow did the damage or injury occur? Give dull details, use extra sheets if required) Personnel of MacDonalds negligently and .maliciously called County police regarding an employeei , Danny Darnell Johnson , for some unknown reason. We believe ii is because Mr. Johnson is black. �:"""N�ia"t`particuYar"ac"t`or`omla"s3Con"on"the"part"of"county"or"his"t=sc"trr" officers, servants or employees caused the injury or damage? Police representative of Contra Costa County negligently reacted to a false and invalid warrant and acting upon such , falsely arrested and imprisoned Danny Darnell Johnson. (over) 5. WhAt are the names of county or district officers, servants or' employees causing the damage or injury? Does 1-10 6.--Want-�amage-oi-injuries-coo-you-claim icesuite�?--ZG ve- -extent-- - of inj ries or damages claimed. Attach two estimates for auto damage False arrest , false imprisonment , intentional and negligent infliction of emotional stress 7. Sow was the amount claimed above computed? 1Inciude the e-sttmate3 amount of any prospective injury or damage. ) __..____-_---_..___ 8. Names and addresses of witnesses, doctors and-hospitals. - z - -_-__-.�...,r..--_ , cen�ditu�res you made on account of this accident or injury: r r• r r s ITEM AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: OftbMWIM or by someperson on his beh f. " Name and Address c&Attooney F 4 Y NSO-J MDS INK/M. Douglas Swan Claimant's Signature 1560 Pine Street CA 94522 ZS 1460 Springbrook Rd. Tel 415-686-9201Address 6�'!VC©'� Walnut Creek CA 94596 Telephone No. Telephone No. nla NOTICE Section 72 of the Penal Code provides: '"Every person who, ,with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 7 , 1987 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $500, 000- 00 Section 913 and 915.4. Please note all *Warn IMEmty Counsel CLAIMANT: MR. AND MRS. DAVID MICHAEL JUN U 3908 Rockford Drive 51987 ATTORNEY: Antioch, CA 94509 Date received Martinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON June 1, 1987 BY MAIL POSTMARKED: May 29 , 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 5, 1987 QQHHIL ATCHELOR, Clerk .DATED: Bl': Deputy L. Hall II. 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: BY: � Deputy 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 (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. y 1 �� Dated: J U L 7 1981 PHIL BATCHELOR, Clerk, B 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. �(/ Dated: JUL . 8 1987 BY: PHIL BATCHELOR by / ✓`�-Deputy Clerk CC: County Counsel County Administrator JUN 1987 Claimants In re ) NOTICE OF COUNTY CLAIM Mr . and Mrs . DAVID MICHAEL , ) Claimaints . ) Mr . and Mrs . DAVID MICHAEL , on their own behalf as Claimants , hereby present this claim to the County of Contra Costa pursuant to §910 of the California Government Code . 1 . The name and address of the Claimants is as follows : Mr . and Mrs . DAVID MICHAEL , 3908 Rockford Drive , Antioch , California 94509 . 2 . The Claimants purchased a house at the above-referenced address which they have now discovered to be located in a geolo- gically unsafe area . Due to the County ' s egligence in drafting and/or enforcing zoning and building code restrictions , the County allowed construction of this home in a known geologically unsafe area . Claimants allege that they are damaged in an amount not less than $500, 000. 00 as a direct result of the County ' s negligence . 3. Claimants allege that the County is responsible for the Claimant ' s damages and therefore the Claimants present this Claim for $500, 000. 00. r Dated : -r_�' _ � /%?<�✓.:2 �` Mr .' DAVIP MICHAEL / Dated : z �L Mrs . DAU MrCHAEL CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Againii the County, or District governed by) BOARD ACTION the Board of Suoervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 7 , 1987 and Board Action. All Section references are to ) The copy of this document sailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $250, 000- 00 Section 913 and 915.4. Please note all "::"Warning�:Z�._iy Ccvnsel CLAIMANT: PATSY RAHN AND GREGORY KAHN 2485 Kreger Drive JUN v 51987 ATTORNEY: Concord, CA 94520 Date received June 3, 1987"" 'nez, CA 9455,3 ADDRESS: BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: June 2, 1987 Certifidd P 501 911 481 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 5, 1987 PpHHIL BATCHELOR, Clerk DATED: Bl�: 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: 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 (�() 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.JUL Dated: L 7 1987 PHIL BATCHELOR, Clerk, By LC %►'` 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. JUL 8 1987 Dated: BY: PHIL BATCHELOR by / uty Clerk CC: County Counsel County Administrator Patsy Rahn Gregory Rahn �'� 2485 Krueger Drive Concord, CA 94520 ��el In propria persona CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO: THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA The following claim for damages is hereby made by and on behalf of PATSY RAHN and GREGORY RAHN, and the particulars of the claim are as follows: A. NAMES AND ADDRESS OF CLAIMANTS PATSY RAHN GREGORY RAHN 2485 Krueger Drive Concord, CA 94520 B. ADDRESS TO WHICH NOTICES ARE TO BE SENT PATSY RAHN GREGORY RAHN 2485 Krueger DRive Concord, CA 94520 C. DATE, PLACE AND OTHER CIRCUMSTANCES WHICH GIVE RISE TO THIS CLAIM On or about March 2, 1987, claimant Patsy Rahn underwent surgery at Merrithew Memorial Hospital in Martinez, California. At said time and place, agents and employees of Merrithew Memorial Hospital negligently and carelessly treated claimant Patsy Rahn, particularly by placing a heated instrument on her neck, thereby causing her injuries. D. DESCRIPTION OF INJURIES AND DAMAGES TO CLAIMANTS Claimant Patsy Rahn suffered a burn injury to her neck, with a resulting scar, and her damages include her medical expenses, future medical expenses, and all of the elements of general damage recognized under California law. Claimant Gregory Rahn suffered the loss of his wife' s services around the home and other elements of consortium. V I E. EMPLOYEES CAUSING INJURY OR DAMAGE Claimant Patsy Rahn was under anesthesia at the time of the incident and does not know the names of all the employees involved. It is her understanding that Dr. Burton Baker was the chief surgeon. F. AMOUNTS CLAIMED Claimants claim general damages in the amount of $250, 000.00. Claimants claim special damages for medical expenses, as well as other elements of damage recognized under California law. DATED: PATSY RAIfN J5;rjrA'HN CLAIM i BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Suoervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 7 1937 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors ` (Paragraph IV below), given pursuant to Government Code Amount: $975 . 35 Section 913 and 915.4. Please note all "Warnings" County Counsel CLAIMANT: FARMERS INSURANCE GROUP #B2 22385 P.O. BOX 4035 JUN U 51987 ATTORNEY: Concord, CA 94524 Date received Nlartinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON June 4, 1987 BY MAIL POSTMARKED: June 3 , 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 5, 1987 IVIL ATCHELOR, Clerk f DATED: : �eputy 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: 11AJ �� BY: 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 (J`) 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. JUL 7 1987 Dated: PHIL BATCHELOR, Clerk, By �y Gt�� � . 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JUL 81987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator THE Farmers Insurance Group .F C..PAN,.. BRANCH CLAIMS OFFICE 1660 CHALLENGE DRIVE P. 0. BOX 4035 JUNE 3 19 8 7 CONCORD, CALIFORNIA 94524 Date: Phone: (415) 827-1186 • BOARD OF SUPERVISORS CLERK OF THE BOARD 651 Pine St. #106 MARTINEZ ,CA 84553 IN REPLY PLEASE REFER TO: nuar,. MARGARET REBECCHI OurLu.Date: 4 10 8 7 — Ow Policy No.: B2 22385 loatioa: OAK GROVE RD. CONCORD, Tow lawrod: CITY OF CONCORD Tow Policy No.: Total Claim: (iaael. our ka.do&d.j$9 7 5.3 5 Dadwftla: Our investigation has established that the above loss was caused by the negligence of your insured. ® We have made payment to our insured for the damage. By virtue of our subrogation rights, we request reimbursement from you for the amount shown on the attached repair bill. ❑ By virtue of our subrogation rights this is to advise you that we shall seek reimbursement from you for the amount of the damage. We are arranging for repairs and when completed, a copy of the repair bill will be forwarded to you. Our name should appear on any draft made payable to our insured in settlement of his damage. If you have already made a settlement with our insured, please advise us immediately. Your prompt consideration of our claim will be appreciated. Very truly yours, LINDA ARMES SUBROGATION CLAIMS PLEASE SEE ATTACHED DEMAND PACKAGE ALONG WITH YOUR CLAIM FORM PLEASE ADVISE IF THIS IS OR IS NOT SUFFICIENT. THANK YOU FOR YOUR ANTICIPATED COOPERATION. 23-038810.8214012001 ST PRINTED IN U.S.A. OM WE ARE MEMBERS OF THE INTERCOMPANY ARBITRATION AGREEMENT Instructions to ClaimantL*e.,R V1 Ut% . ti M ninez,Caldomia 94553 A. Claims relating to causes of action for death or or 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) 8. 'Claims must be filed with the Clerk of thc: Hoard 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 t�iis form. **�*�,►**�r*�+►,�***��:,►:�R��,��****:�****�*��**�,►***,r,���r**�►�:��*yrs******���* RE: Claim by )Reserved for Clerk's filing stamps FARMERS INSURANCE GROUP ) - Fu BOX 4035 0 T!CEIVED CONCORD,CA 94524 ) Against the COUNTY OF CONTRA COSTA) = .SUN 1987 ) or DISTRICT) oa (Fill n name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 975.35 and in support of this claim represents as follows: tie"damage or In3ury occur? Give exact Mate ani fiour�' APRIL 14, 1987 @ 9: 30p.m, OAK GROVE RD, Between MONUMENT and TREAT BLVD. -------------- T------------ --- -N-BM ---- ----------- ------ - i�tfiere aid tfie damage or injury occur? Include city and county]""" OAK GROVE RD, BETWEEN MONUMENT AND TREAT BLVD, CONCORD, CONTRA COSTA COUNTY 3. How did the damage ar injury"occur? "?Give dull details, use extra sheets if required) INSURED WAS DRIVING DOWN STREET AND HIT PROTRUDING DIVIDER(SEE ENCLOSED PICTURES) . �. What part�cu�ar act or omission an the part o� county or �istr�ct officers, servants or employees caused the injury or damage? THE CITY OF CONCORD HAS NEGLECTED TO HAVE THE CENTER FIVIDER FIXED. i (over) NA �;+'what'aamage`o='�n3uziee"n'y6u"c�"aa1m =eeult"e�"?"ZG�ve'" uII-extent'"'- of injuries or damages claimed. Attach two estimates for auto damagebEE ATTACHED COPIES $975.35 7. . How was the amount claimed above computed? Include the esttmatea-- amount of any prospective injury or damage. } SEE ATTACHED 5 DAYS CAR RENTAL AT $15.00 A DAY=$75 . 0' ------------- 8. Names and addresses o witnesses, doctors and hospitals. �S." List tie"expenditures you mace on account of tha.s accident or �n3ury: DATE ITEM AMOUNT 4-11�-87 north main tow bill $60. 0 0 . 4-13-87 ADLER TIRES , $106.50 4-13-87 TOAD HOLLOW, (SEE ATTACHED) $733.85 5 DAYS CAR RENTAL AT $15.00 a DAY $ 75.00 $975.85 Govt. Code Sec: 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some -person on his behalf. " Mame and Address of Attorney LINDA ARMES-FARMERS INSURANCE PO BSINt'sSignature Address 415) 827-1186 Telephone No. Telephone No. SAME �####�#+e#�#s*#+�#t#�#�t��t+t##re#sr+�#,t:*##+e��:#:##*#•:###«w�##:�####�#ftt::�tw***« NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, .presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 1 , cL,-'-t;,1'�� �I.`moi I� �'1 {\�r ) Z��V `c �li. l tY; 'r,�; 1 �.1 j2 . .iA� .(:-{��('�. 1 ` {(' �=- :i�;;,i,�';.. 1 � "'"ASL �� �'uL. �L. l��c. �G'.�✓•%�.;::1.� � ,�-_"�- �. I'�� ��`.'L� Lk VY\�'L'rlt'r�' �\� —Yt[�Ct n.1 � rw�`q `.-�'� "�' �%'° l,� 3�'t. .�C/�� '.l.-"` 'fvL.il �'..�-�C°� 'lr� (�~ ✓ ..C" tc Ad03 u3wolsm o y ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ E C'7 c p v7 n O co c - _ o o to ¢ a O O p V E m ° ° i3 J L+- w O� J N °� min uL °m �� �� �_ O ¢E ccJ > > ¢ ¢ ~ U ULL Ua U� rn L)U)a3 xf- am¢a &T O f f f11 e_o r f O � cc Z C C<i -EH �O 0000ILXOZW o - 3oP�nSp� ¢ f J y c Q O Z a; 8g;sgco� C\ wy/` W c¢W7 � Q O jr Z o M N Q ;pan JJ 'rtep.•;� e N z V W a N •rr�o=ss j o o a o W wZr� ^J C Q t1� �aa�Q�usB h c r _� V eaS.E'Oo L -� < T F•1 F`I gg o L a�c � a a o K (lLIE T n� 0o (`C l Ir O W fi�xx Q/ C W ¢ oz O ► ! n�` V rv� f-JHW Wc� oz oz o ,. `O� r � H o00 GO LL, W_ W_ 3 W c V ` ro �< O y: • ✓ Z F U- 0 LL ¢ C G m o H HO wo Q = \ z ¢ U W WN WN CLC t�'� U1 c F G i c� - o = S Q ° W0 C a Q W °$ � a �f Ix � d ¢ J W f po F - m t w� Z ✓ �'� <= < CL J k � 1 DATE � � � TIME ORDER 90246 NUMBER NAME i ADDRESS i CIT Y/ZIP 1 i M KE YR. NO. DR V FROM: i I TRUTO: I 1 TOW FRONN�AEAR ❑ DOLLY ❑ ROAD SERVICE C • i i i i I 1 i STORAGE 1 ADVANCE CHARGES CASH 0 CHECK CARD TCREDI BILLE] I I RELEASED TO: DATE i PERSONAL ' CONTENTS RELE SE TO: DATE , ORTH MAIN TOW 933-7670 0 CROW CANYON TOW 829-5332 1531 -3RD AVE. WALNUT CREEK CA 94596 I mD�O��F au n D rG 1O -r O mZy��°o'< ^ t A m D_ _ m Z2 ` �n mI gr A Dy Fndn2 �o�oA aq a dcm o� roam ^3 No»NO r c c a'= 3:oaCzi� r :y 1•. +Z f0i L O C o 3 • C K¢�'� fit., � 'rF ''�` � c s � c g�"� •��{^.>�.o-s a s ,�'�� �' '�"� 011 n y�31 .s _ n � i ¢ ¢ y J o_ Z � a r, m Z cz ' 2 JOAN \ � • \ � rnw-65 J ' pt it w � N zz 74 po m D D C 7t u t °�"• ` _ '!` Wit; t N ��y, Z C> \� . �•� d� Y� F' m Cs! \ H - .Z,:� '� �Y -r_ „may:., ;, .. - _- . • x r eft _ _,�„ .. t �w �^ � q r ti +�� '� � .. � - ,�.� .. -� �� �: �.a - =, r. . m .:_ s'� rte. '{,�' ..���� `-t,,,o .. ' � -. .. � yrs *.,,� y�'�`--'� •�as ,.T�.i.�E„ .���nr^•l, �c� „ria;,=,�;^_..: � �,•-.0 .� r _ .,_. �2 _ ¢ui ��"moi '-' I y.��� ^kms� .. .;,. , a �- iL -� � � t� •F. j Gt � _ �'�`'fin,,.,�r � � - y � _ #, ,•,°ems �' F _ ..y.y' y � mow,` � L � acs �� h eve.a��,,p�n S•'� .. I�= i'� }.�.rd�4;�<� ''2^' 'v s� `arm Y �'�r°`.t t "3„* _k..... ".. Y CLAIM r BOARD CF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Clair Agairht the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July, 7 , 1987 and Board Action. All Section references are to ) The copy of this document wiled to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount:' $5, 000,000- 00 Section 913 and 915.4. Please note all "Warnings".' Ounty Counsel CLAIMANT: ROBERT E. BROWNE, ET AL Jfl(J (J ri 1987 2042 Rosedal Drive ATTORNEY: San Pablo, CA 94806 "Jfllhoz, CA 9455; Date received ADDRESS: BY DELIVERY TO CLERK ON May 29 , 1987 CAO 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. June 5 , 1987 ppaIL BATCHELOR, Clerk DATED. B 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: val BY: f Deputy County Counsel J 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: .8y 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. JUL 7 1987 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JUL . . 8 1987 BY: PHIL BATCHELOR by uty Clerk CC: County Counsel County Administrator ROBERT E. BROWNE 2042 Rosedale Drive San Pablo, California r Telephone: (415) 7,24-0612 Attorney for IN PRO PER RECEIVED MAY 1987 0 oft R . ROBERT E. BROWNE, AND HENRY (%. ..... - E. BROWNE, A Minor CLAIM VS. COUNTY OF CONTRA COSTA To THE COUNTY OF CONTRA COSTA: 1. Claimants name and address are as follows: ROBERT E. BROWNE and HENRY E. BROWNE, A Minor, 2042 Rosedale Drive, San Pablo, California. 2. Notices are to be sent to the following address: ROBERT E. BROWNE, 2042 Rosedale Drive, San Pablo, California. 3. The date, place and other circumstances of the occurrence or transactions that gave rise to this claim are as follows: On or about February 26, 1987, deputies of the Costa County Sheriff ' s Department entered the Claimant' s home located at 2042 Rosedal Drive, San Pablo, California, without a search warrant, and over Claimant' s protests. Claimant requested that they leave the premises, but they refused to do so. Claimant was arrested without just cause. The confusion and uproar v caused the minor great emotional distress. As a sole, direct, and proximate result of the negligence of the Contra Costa Sheriff ' s Department Claimants were injured in their health, strength, and activity; sustained bodily injury, including shock and injury to their body, nervous system, and mental health, humiliation, mental anguish, and severe emotional distress, all of which injuries have caused and continue to cause claimants great mental and physical pain and suffering; and claimants are informed and believe and upon such information and belief thereon allege that said injuries so sustained by them were, are, and will continue to be permanent in character. 5. The amount claimed at the date of presentation of this claim is FIVE MILLION DOLLARS as a result of the claimant' s general and special damages. DATED: -:2 ROBERT E. BROWNE ROBERT E. BROWNE as Guardian of HENRY E. BROWNE, A Minor ^+ - CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 7, 1987 and Bod Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $325. 0 0 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: DUANNE SHOEMAKE COunty C,,,,,, 3870 Oakley Road ATTORNEY: Oakley, CA 94561 J�N Date received Martin. ADDRESS: BY DELIVERY TO CLERK ON June 10, 1987 945 ,3 BY MAIL POSTMARKED: June 9 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 12, 1987 PpHHIL BATCHELOR, Clerk DATED: 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). ()rQ1 Other S l i �0 ! / Dated: ` !�O BY: 4�11 AW 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 (A 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. JUL 7 1987 c,- Deputy Clerk VGLS , Dated: PHIL BATCHELOR, Clerk, By 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. JUL 81987 Dated: BY: PHIL BATCHELOR by V puty Clerk CC: County Counsel County Administrator Sheriff'Cooroner Contra Richard K. y P.O. Box 391 Costa Warren E. Rupf Martinez, California 94553-0039 Assistant Sheriff (415) 392- County Gerald T.Mltoslnka Assistant Sheriff May 29, 1987 .D JUN /c 1987 OAT Mr. Duanne Shoemake 3870 Oakley Road Oakley, CA 94561 Dear Mr. Shoemake: RE: CF DR87-2367/Claim for Damages I am returning your contract proposal from Reel Construction Company. It appears this is only a proposal and there is no indication of your acceptance and it does not substantiate that Mr. Reel made the proposed repairs. Any claims against the County should be directed to the Clerk of the Board of Supervisors, 651 Pine Street, Martinez, CA 94553. The Clerk' s office will advise you of their decision once you submit the claim. Very truly yours, RICHARD K. RAINEY, Sheriff-Coroner Lieutenant A. Snell Delta Station Commander RKR:AS: ld attach. AN EQUAL OPPORTUNITY EMPLOYER • ,+ �2 �7 •Z �G7 Rebl Construction Co. CONTRACT Page of PROPOSAL 3013 Elizabeth Lane _ Antioch, CA 94509 Date (415)757-1087 We herewith submit proposal for materials and labor to be supplied at the sole request and order of: Home Phone Job Address ,Q NAME �vfAhhF 5 CAA I"AK ., j'0_3 .3g ?o ADDRESS, 0°� 7 t7 A�E - otfice Phone CITY, ` STATE& Office Phone Job Name Job Phone ZIP CODE hereinafter referred to as owner,for work to be performed at premises set forth above,according to the following terms and specifications: �Q Tic �- J ' You,the buyer,may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction.See the attached notice of cancellation form for an explanation of this right. All materials are guaranteed to be as specified and to carry manufacturer's warranty.All work to be completed in a neat and workmanlike manner. Any alteration or deviation from above specifications involving extra labor and/or materials costs will be executed only upon written order from owner or his authorized agent and will become an extra charge over the below agreed amount.Agreements made with mechanics or subcontrac- tors on the job are not recognized.No statement,arrangement or understanding,expressed or implied riot contained herein will be recognized. e pr pose R!Eto fu ish and install the above complete in accordance with the above specifications forthe sum of M� 2 �V12 ' U dollars($ 0�).Payment to be made as follows: TOTAL AMOUNT Balance of payment to be made as follows: DEPOSIT BALANCE Contractor's Acoeptance Owner's Acceptance Work to be started on or before 19 The foregoing terms, specifications and conditions are satisfactory and are hereby agreed to.You are authorized to do the work as speci- and be substantially completed on or before 19 fied and payment will be made as outlined above.Theupon signing this agreement represents an ti.that he i he owner Company Representative of the afor�as rd premises and that Lic.No. he h r thi ag Qnt. Accepted b n g p y Owner Contractor .. � ✓ '� �y y Lic.No. Da This proposal maybe withdrawn if not accepted within days. Owner Date HOME-TECH FORM 326 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA / "Claim Against the County, or District governed by) BOARD ACTION the Board of cuoervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 7 , 1987 and Board Actf:n. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified. Section 913 and 915.4. Please note all "Warnings". CLAIMANT: CHARLES SAMPLE 228 Illinois St-. ATTORNEY: Vallejo, CA 94590 C�untY C01insel Date received June 10, 198�VI'� ADDRESS: BY DELIVERY TO CLERK ON I � June 9 1987 artinez, C BY MAIL POSTMARKED: � A 9t.,�� 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 12, 1987 PpHHIL BATCHELOR, Clerk DATED: Bl': Deputy L. Hall I.1. 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: &2a4lreputy 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: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. JUL 7 Dated: 1987 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. (((/// Dated: JUL .8 1981 BY: PHIL BATCHELOR by � /V�- Deputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CQPAtWXapptication to: Instructions to Claimant:Verk of the Board rg7 °Martinez,California 94563 A. Claims relating to causes of action for death or for injury to norson or to personal property or growing crops must be presented ..s:. later than the 100th day after the accrual of the cause of t action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board 'of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity, . E. Fraud, See penalty for /fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserve?' �~ irrg stamps j JUN 1Z) 1987 Against the COUNTY OF CONTRA COSTA) or DISTRICT) (Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: _ i. When did the damage or injury occur? AGive exact date and hour] «-� .l v.as in j .red on 3-2-1 87, `;et,.een t:,e ilours of 4:00-5 :0C p 2.-«where-cid-the damage or injury occur? «(Include city-and+county] « •.ie laund~y roo :: is wher^ the injury occured, at the Lartinez Detenticn Facility, Contra Costa County, iartinez , California 901 Court , ,street. 9 553 3. How did the damage-or injury occur7 _ (Give full details,-use extra-' sheets if required) I was folding clothes, upon reach.in; intc the basket for �more, I went to turn around and -:iy feet slipped froE:i under me ,due t.o the soapy water that had ran out of the gashing machine.I attempted to clean it up, upon being instructed to put 2 sheets down to absorb it up.-ut apparently more ran over the floor,,ahich caused the accident . 4:--what particular act or«omission on the part of county or district Qff.icers, servants or employees caused the injury or damage? The superio,� employees were well aware .Qi:: the faulty or malfunction washing machine and the problem of them overflowing. The County made immedate repairs after I fell , This was during working hours, so there is no excuse why this problem should'nt have been taken care of, long before this accident occured. (over) 5. What-Are the names '6i county or district off icprs, servants or enployees causing the damage or injury? Cony VosLa County,14artinez Detention raci litv Cl;U'1 Coour:.'* St. (or) 651 F±ne St. -i106 Tfl California 94553 . nrtine- , 6. What damage or injuries do you claim resultec? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) I am c.-i' _L.4 aiming extensive in JUes to my left shoulder (when I try to slecv )or lift or attemp to raise it2 Un,��er and Lower pain to the po of sleepless n_L 41­,'-tshea--laches,men tal stre' h-k ss ,and denial of Pcical Therop, THow was_ the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------- 6. Names and addresses of witnesses, doctors and hospitals. L:d"..Tard 'Ur-f.hfiel d, 901 , Court St. T-1 o`luie 1:,arLil nez , "ali'.94553 4, E'rentwood, Calif. Ph. 4 5-634-13, 5 , to k Q,F e e in -4 "urr, -c. snol`icr locL - 'hf .1 UPon a, evr-l-t -u 11 E,�t '.'-r. c :d J 4. L J 11, or /the State or Federa*l Co- 1,a C7 iii `cun7��l were inmLtes ,�.7.*,o�� tc. Lac 9.- List-t:ie-expenditures you made on-account of�this accident or injury:r- - ITEM AMOUNT 0 C- . :.r I-1, (11 V161- Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " 44- ' Vamp and 'Addrens of Attorney I ;-1 '4" Claimant' s Signature bialb . , t Address Z, Te le pA`iorte 11o. Telephone No. 767 NOTICE Section 72 of the Penal Code provides: *.Every pe rson who, with intent to defraud, presents for allowance or for payment to any state board or officerp * or to any countyl . 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 feSuny'. " AMCNIDM D BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 7, 1937 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $500, 000. 00 Section 913 and 915.4. Please note all " arnings". cunty Counsel CLAIMANT: BENNIE M. DANIELS c/o Anne Hipshman JUN 151987 ATTORNEY: Law Offices of Anne Hi shoran 433 Turk Street p Date received �".; nez� CA 94553 ADDRESS: San Francisco, CA 94102 BY DELIVERY TO CLERK ON June 5, 19> 1 BY MAIL POSTMARKED: June 1, 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 12 , 1987 eeHHIL BATCHELOR, Clerk / DATED: Bl�: 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: g �,y BY: N14,1De 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 (A) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUL 7 1987 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: UL _ .8 19y7 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator LAW OFFICES OF ANNE HIPSHMAN 433 TURK STREET SAN FRANCISCO,CALIFORNIA 94102 1 TELEPHONE(415)775.3900 2 ATTORNEY FOR � •� 3 Claimant , G � r BENNIE M. DANIELS �9g1 5 6 J 7 8 BEFORE THE BOARD OF SUPERVISORS. 9 FOR THE COUNTY OF CONTRA COSTA 10 STATE OF CALIFORNIA ll 12 In the Matter of the Claim of : AMENDED TORT CLAIM 13 BENNIE M. DANIELS 14 Against County of Contra Costa; and Contra Costa County Social Services 15 Department / 16 The Claimant , through her attorney, makes claim against 17 the County of Contra Costa and the Contra Costa County Social 18 Services Department , pursuant to Section 910 of the California 19 Government Code, and, in support of said claim, represents the 20 following : 21 1 . The address of Claimant is : 1022 Power Avenue, 22 Building 11, Apartment 141, Pittsburg , California 94565. 23 2 . All correspondence regarding this Claim should be 24 directed to: Anne Hipshman, LAW OFFICES OF ANNE HIPSHMAN, 433 25 Turk Street , San Francisco, California 94102, telephone number 26 (415) 775-3900 . 27 3. The last date of the occurrence giving rise to this 28 Claim is March 16, 1987, and continuing to the present. 4 . The place of occurrence is the Offices of the q I Contra Costa County Social Services Department , County of 2 Contra costa, State of California. 3 5. Statement of the Claim: Claimant BENNIE M. DANIELS 4 has been denied opportunities for transfer into the positions 5 of Social Services Program Assistant , and the entry level 6 position for Social Worker Trainee . Claimant believes these 7 denials were made on the basis of her race, Black, her age, 8 and because of her advocacy efforts on behalf of indigent 9 within Contra Costa County, who Claimant served . Claimant was 10 further harassed continuously from November , 1986 through 11 March 16 , 1987 , the date on which she was wrongfully 12 terminated . Claimant has been continuously subjected to 13 discrimination and harassment including , but not limited to , 14 the following : 15 (a) Despite her almost seventeen years of service in the 16 contra costa County Social Services Department , and 17 outstanding qualifications , as determined by Contra Costa 18 County' s own standards , Claimant has been denied transfer to 19 the position of social Services Program Assistant , which she 20 applied for within the Department . 21 (b) Claimant was told initially that her application had 22 not been received timely. However , when claimant pointed out 23 the County' s practice of considering applications postmarked 24 on the due date , Larry Hagstrom of Personnel agreed that a 25mistakewas make and told Claimant she would be considered for 26 the position. Claimant , though, was never interviewed and not 27 selected for the position . Someone with far less seniority 28 and fewer qualifications was selected . 2 1 (c) - Claimant ' s application for the position of Social 2 Worker Trainee was accepted , by Personnel in writing . After 3 Claimant protested the lack of her consideration for the 4 position of Social Services Program Assistant , she was 5 notified orally that an error had been made, that she did not 6 meet the qualifications for Social Worker Trainee and her 7 application would not be considered . Claimant had previously 8 applied for the position of Social Worker Trainee and had been 9 found qualified for that position . 10 (d ) In November , 1986 Claimant was given a false 11 performance review by her immediate supervisor , Richard 12 Cabral, indicating "improvement needed . " 13 (e) Claimant appealed this performance review to Jerry 14 Madden , a management employee within the Social Services 15 Department . Mr . Madden ratified the performance review, as 16 given. 17 (f) After receipt of the performance review outlined in (d) 18 hereinabove, Claimant was continuously harassed by Mr . Cabral 19 and others , and wrongfully terminated from her employment with 20 Contra Costa County on March 16, 1987. 21 (g) Claimant has been treated differently than other , 22 white, workers within the Social Services Department. These 23 other , white employees , make more , and more serious errors in 24 their work than those Claimant has been accused of making. 25 Several, white, employees who have not been able to perform in 26 one position have been transferred to other positions , rather 27 -han having disciplinary action , including suspension an 28 mermination leveled against them. 6 . In February , 1987 upon learning that charges 2 requesting termination had been filed against her , she 3 suffered severe emotional distress . 4 7 . Claimant was then terminated on March 16, 1987, 5 which termination was ratified by the employees of the County 6 of Contra Costa listed in Paragraph 8 hereinbelow. 7 8 . The aforesaid acts and conduct of the County of 8 Contra Costa , the Contra Costa County Social Services 9 Department and Personnel , and their agents , including , but not 10 limited to Richard Cabral, Sandy Bowen, Jerry Madden, Louise 11 Aiello , Lou Fizazzi , Larry Hagstrom and Robert Jornlin had 12 the purpose and effect of discriminating and retaliating 13 against Claimant , a black female employee of the County and 14 the Social Services Department . 15 9 . The above acts in and of themselves constitute a 16 violation of federal and state employment discrimination 17 statutes, a violation of the California Constitution, wrongful 18 termination , wrongful suspension , intentional infliction of 19 emotional distress , negligent infliction of emotional 20 distress , tortious breach of contract and civil conspiracy. 21 10 . As a result of the aforesaid actions , Claimant has 22 been damaged in terms of lost wages and other benefits of 23 employment , including retirement , sick leave and other 24 nenefits . Claimant has further suffered extreme emotional 25 Jistress and other injuries as a result of the above-mentioned 26 acts . Claimant has incurred and will continue to incur 27 medical bills, including psychiatric bills, as a result of the 28 aforementioned acts . 1 11. The names of the persons responsible for causing 2 the damages herein claimed are : 3 Richard Cabral, Sandy Bowen, Jerry Madden, Louise Aiello , Lou 4 Figazzi , Larry Hagstrom and Robert Jornlin Contra Costa County 5 Social Services Department , and Personnel . Some other public 6 employees are responsible for the acts complained of herein 7 but their names are not known to the Claimant at this time. 8 12. As a result of the foregoing , Claimant , BENNIE 9 M. DANIELS , claims damages in the amount of Five Hundred 10 Thousand Dollars ($500,000-00) . At this time, Claimant cannot 11 ascertain the exact amount of medical bills to date, nor the 12 amount of damages to date. This figure therefore represents 13 the total claim , both past and prospectively, for the acts 14 alleged herein. 15 Dated : June 1, 1987 16 LAW OFFICES OF ANNE HIPSHMAN 17 By Anle Hipshmlant 18 At"torney for Claimant 19 20 21 22 23 24 25 26 27 28 5 AM&PMED BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Againse the Co;)nty. or District governed by) BOARD ACTION the Board of Suoervisors, Routing Endorsements. ) NOTICE TO CLAIMANT July 7 , 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $4, 551- 18 Section 913 and 915.4. Please note all "Warnings". STATE FARM AUTOMOBILE , INSURANCE COMPANY ON BEHALF OF SUBROGEE, ROBERT CLAIMANT: WHITE 6400 State Farm Drive Claim # 05 1159-308 ATTORNEY: Rohnert Park, CA 94926 Date receivedCOunt ADDRESS: BY DELIVERY TO CLERK ON June 8 , 1987 y COUnSel BY MAIL POSTMARKED: June 5 , 1987 ,JUN 15 1987 5"'reZ, GA C1,4 a3 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 12, 1987 PpHHIL BgATCHLELOR, Clerk DATED: Bl�: Depu y L. Hall 1I. 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: puty County Counsel I1l. 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. JUL 7 1987 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. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. C Dated: JUL A 1987 BY: PHIL BATCHELOR by� Deputy Clerk , CC: County Counsel County Administrator State 1 arm ( n s u r a n c e Companies STATE FARM INSURANCE OO i May 19, 1987 �RS+ CSIVVD Northern California Office ,�e� 6400 State Farm Drive p ►11� U,1` Rohnert Park,California 94926-0001 Contra Costa County = = IMPORTAYT Board of Supervisors - PLEASE 651 Pone St., Ste. 106 WRITE, OUR CLAiM NUhM RV Martinez, Cts 94553 ON YOUR REPLY OR PAYMENT TFANK YOU Re: Our Clair., i�uaiber: *05 1159-348 Our Insured: Robert White ]bite of Loss: 2/26/87 State Farr Vutual Automobile Insurance Company on behalf of Subrogee, Robert White, hereby rkiker claim. for $4,021.68 and makes the following statements in support of the claif;. 1. Notices concerning this claim should be sent to State Farm Insurance Compardes, 64.00 State Farms Drive, Rohnert Park, California 54526, referencing the above claim, number. 2. The date and place of the accident giving rise to this claim are; on 2/26/87 on Crow Canyon Road in walnut Creek, California. 3. The circumstances giving rise to this claim are as follows: Robert White was operating his vehicle on Crow Canyon exit where a manrole was left uncovered. Our insured was unable to avoid colliding with the metal manhole cover causing property damage. 4. There were no injuries reported. 5. Our total claim is as follows: Company's Net Payment $3,774.68 tLH 7t; Insured's Deductible Interest 250.00 t (Z, � 376 Total Property Damage $41F024.68 NOTICE: This fom is to provide notice of our claim for damages in accordance with the one hundred (100) day statute. If this form is not acceptable for compliance with the statute, please rush the necessary form` to my attention for proper filing. STATE FARM I ISURVICE CQMPARIES Dated: ��' / "b` By: r'li Jahn Miao, Claim, Representative - RGAC JVsn:do/GAGE State Farr+ Mutual Automobile lnsurance Co. Encl: Supporting Doeurrents (707) 584-6506 cc: 6654 HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001 by LESSOR wVE F&wRE FORD 6 OTHER FINE CARS .:.TERYAY CAR RENTAL CONTRACT NO. CHECK OUT ORIGINAL Trucks a Pick-ups•4-Wheel Drive ;F:j, _ . ` . RENTAL,INC. 02723 Convertibles•7-12-15 Passer>ger Vans dba CAA®RENTAL Make 01 VEHICLE -- UNIT NQ r LICENSE NO -_ r a DEE p � S CAR y1 1 ; Maim n VEHICLE .- UNIT NIS ., L.K:ENSE NQ LESSEE i V j NbTICE Mill r r C)` �iENTER RESPONSIBLE Q i HOME ADDRESS ! FOR ALL MILES OUT PARKING TICKETS MILES ECAR inCITY sun a ZIP [.. - . .. /% _.�>{ •` >T CAR#2 s LOCAL ADRESS CITY 8101E... " 71E IN z a,, �•... _. ORRIER 8 UCE1fBE t . _ S1ATE IDCPW AT10N Olin' B VfHQIWE TMOUT r MILES In E EVIGrEA / M101E - MFLEs OUT . ".E �,�8 136206 b 10 0 3 . EXPIRATION .I% DATE y Ca mar cCt. o - STORE NUYBEiI 9EPARTNEM WO. SALE9 PEA90N REGISTER NO. APPA C�E ' •�P 7/ �' U 0 7/8 7 71 xX 08/85 TBR = i ROBERT P WHITE U Oil — - DELT. CLAMOl1AM ARTICLES AT AYOUNT - Date of Charge . 53268016OC75 130440951631 1,5431 1�< +r.. � , 4 ►4 8 � wJ vL 43934405 CA st�T �1l T .�- SNIP TO: NAYS(PRIK 1 EStaD11 to trenamlt to A encan 61 Travel Related Services - Co.,Inc.or A nz d Repros ntat or pa e/t.Merchandise andlor ser. ADDRESS vice purc ed on is ry�d 1611 of re Id r retumod for cash refund. CITY STATE LP CODE Told Car • 'i Invoice umber CNES. CwdRt111111�f 30111b _ car Cards ` •.,•4.'," - ::-... i. .. 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M 01a1q aF>tt fldly MY ll r ar aday,MY F7ET WBE 1Y� -- 3188 -13620b b10U3 Ali" _.l lra rta kla�kY CHMMED FW mum alk a m WN"w10� `orE ' 08/35 T ii.1 U 07/87 7 3 =A ,A-!t of •r•w1•+ In°s�"°'n, _ _ DINERS ROBERT P W`! l T E O 1 Z 0 _. :�*luMck"d'''�'"°''""''ft ByCash r' By c2f.ak tAV(JAR MA L Fd 11 aolaafal am w accidw bvmdgl aa: °�� WE SELL OUR VEHICLES C-npww Oiler's Carle VISA THANK Y011t'DORP�1f10011A (418)455-6090 etallcti T ;I A11Gaf ! aF9f81� p NTA F1oSAJ Oijium/Fl EABAFTTO1tl ; e'' �HE1CK RA1Ab1E la , 1 ' r..s 2000�IftA� v V LIVERYORE/SAN RAMON l ": ANCAR RENT ANG,;.-_- - S.F. 94811 9erksbY.G 94t10 106 Sada Rona Avenue 562 Altwasa Mab 440 ormr.0 ska7ttik;4 3 9 j C 416)Mom= .SoM Ream,G 96w1 San Ramon,G 94M. P.O.BCoc 11148 San Fra X*A GI om San FranCtsM G 94102 (�)!TlFi1800 (4I 83*4M :.... l�6) CONCORD/ J � 4 /NAPA' THIS NUMBER SHOULD APPEAR QN 'ti NMLNUT CREEK BENECWSOLENO SAM RAFAEL! CORRESPONDENCE - SOUTH OF MARKET 1125 Detroit Avenue 1260 Georgia SL MARIN COUNTY mat 1024 Howard Street Concord.G 945M ',Vallejo,G 945M 780 Andaman Detre San Franctsco,G 94103 (415)9P!4=4 ;QD7►34t 11N — -San Ra",G 94901 RENTAL (41s)s2l�aea t (ns)4a9 21Do CONTRACT 027231'' r �,,., WE FEATURE FORD 6 OTHER FINE CARS , TERYMY CAA CHECK OUT ORIGINAL Trucks•Pick-ups i 4-Wheel Drive ,., RENTAL,W TAL CONTRACT N REN O. ConvertibOm•7-12-15 Passenger Vans ' + dlMt CAR- RENTAL 02723 Make 01 VEHICLE - UNIT:40. LICENSE NO. ( OtE TACK Make t2 VEHICLE CAR#1 J' UNIT NQ LICENSE NO. 1� �...— LESSEE = .:...ti 3 &..s,: ''.?��".��"'+'.,;k•= : .�...:N jNOTICE MILES IN ,,f L HOME ADDRESS RENTER RESPONSIBLE f FOR ALL mum our / E r PARKING TICKETS MILES CITY SIXI 4 2IP CODE_ / E GR PI V 1. - %•''�<�.� CAR#2 S LOCALADREss r CITU PHONE A 'lVE M1 < la m l S f DRIVER'S LICENSE NQE 7t1E0tN Sya j < r EXPIRATION G� BIRTHp4TE E j:.4 . ORE$IN EMPLOYER RHONE MILES OUT E ADDRESS CITY MILES LIMITED COLLISION DAMAGE 1AUM GR 02 ADDmoNAL DR UNITED T W MILES " } L&K Ma 1d ms aalwtd dump"m mY IMPLUIT NOTICE CAR on - rJ' rwgmwpi mlw1r011rOw Mat tdmttr TOTAL,_ HOME ADDRESS: w Otb�Wn era RLLY UI11LE Iw c@lWm _ afl/tr mmp0emki dwnw wd Iter d m r w 10Nek p yw M e0 elder sk mrrtp per otpt► A 'Cm, y y d11fr b laird - A _ dal9 -I Twam1drd.Mi ndasW= a, € mt later Vase few rapes ley r nre Ip.gl DRIVER'S LICENSE NQ :-�� y ^�...._SORE tMrDq IW tetN=d s1 ptYri f r01%rfKT .. >E 6•M/w hcmm memA + OW LIMITED COLLSION DAMAGE wI OVEMME PHONE Ii MO/OISURAN P.,HS .s : . 4L EXPIRATION DATE BIRTHDATE EXCESS; MAPS _4 ABED BY COMPANYTWAL MILEAGE TIME ARID T=r I PENEOMAt XCOM MTRAR R'AC) x _.. " . AENM ley Yffilk NOW ftcUm w tempt PAG p�eeeplr SIGNATURE term me"mwrtgt d ram dm ad ubw Q AL k+Mm r bm rad Pe ltewta 11110 Is i DRIM wfta b m kI Imsw tm*wve SIGNATUM THIS li A,D7 LMMITY IN MANIZ a DRNIA VEHICLE CODE 106056 STATES,"WHENEVER ANY PERSON WNO HAS 3D OR RENTED A VEHK%E WILLFULLY AND]INTENTIONALLY FALS TO RETURN THE I ACCEPT �zz E SUB-70TAL iQ LE TO THE OWNER WITHIN FIVE(5)DAYS AFTER THE LEASE OR RENTAL AGREE- X BIAS EXPIRED,THAT PERSON SHALL BE PRESUMED 70 HAVE EKED THE DROP OFF CHARGE LE. k,. OR RECOVERY FEE 1E READ AND AGREE TO THE TERMS ON BOTH SIDES OF THIS AGRIMMO T.r TM SWOMANT NOTICE A-IjD',I BE CHARGED ON A CREDIT CARD,MY SIGNATURE ABOVE WILL BE COPE t m m&mft$NNW r 6tl soft COW(Err�_ ZD AVE BEEN MADE ON THE APPLICABLE CREDIT CARD VOUCiER. L AN mater m"01 rtetlmd wm dN" tett 4 s IPWW wry 36 OK NO E7CEPTIOIIL PR,'�pare$ '� .:�,.t .r. i 0 1klw map b rdw r 0151=1 rales dim J 0•=cavy re 11D he ebr1M. V r C f, r�iletdie elddlta we Be mptd ap d wUF Ll N11�411f✓r111 's} t4. / r1 s CO a Mllap ntllry tttuv eiw taM 7 t33208dRATES DO a CbEHM�a my ntMe rayl Leek mel► _ INCLUDEGASO NOT 7,w1 owd"6d w prwlmre r WIN 1461YR LiD i • 00 00 EIQSITNMa 6 NNINNIr � � �j00, �r ,Jt i 1161 M r>A des rlrala,yes 111 r r tr6lite ^� p( "�� 5NO DAMAGE 0 MULUM/D MMM: G( Z r(t I� Il)' tMlMdm*ld IN meatwa140 f b Mill WAMP RI B DL!P108R Y:>x _ VISA t A�wmtl thrtawd6tlL pL 1Mlr Dal i�6 Y amDl0bweltww NRMTEMUaN iw M.Iwl LAiwaptaMwrlwbMrpWratMattrMr FAWN LIWGdr11mmN"TALft >U AME* ' 3188 '13620b b1603 .. . ,'. ` x . s. ;iMeYi rrar611 AWTM tr ttlla�AL1► MET: l TO w e11Wr go*Br do 1101 woo i CARTE aB�85 TNZ� '07/ 7 111111111111111111111111116 73 Ax::;o_�.c ■...iwue..M►iDEsanaWa" s • � �xr -F DINERS R O 8 E R t P w H I T E Q I.2 E�...r N.,, �.;�� -tom I�6+"'''6`W C 0 TfrAW' By c]rck &CAR AM . Clltok" OTHER ;131 r twt}rar d8 w tt411tt1 re6rprta �. WE SELL OUR VEHICLES carper c Wrrr11 Carr vleA THANK VOtfF�ftlfDOR.AAT�&UES _.."fin t y .T (415)459-5090 erreeot Alrcar / BER v �207LBZONOMA SA/ 3 s:': �: :P►OAiAkEI "�`..:EN4 S.F. COLOM OY-ene11 S d 3 C Berkeley,G 94710 405 Serge Ra " 5sz�MYOM' :: AVCJIR RENT/1L, 946n 74/6)5446620 Seta Row G 964M Son Rwncn,G 64565 San FrweNaco G 94,02 P Q BNse 11148 San (T87)6761600 (415)032.6601 : (na)4414M CONCORD/ WILLE,10/NAft 7. .77777, •:.:: _ SOUTH Of PARC- Vp4jw CREEK BENEcwsmAmo SAN RAf#EL/ THIS NUMBER SHOULD APPEAR ON A`L a 1125 Detroit Avenue 12W Georgia SL MAINN COINfTY 1024 Howard Sheet CORRESPONDENCE i Sen Frwrcisco G 84103 Concord,G 94520 Vallejo,G 94590 7W Andslaen Drive " (415)6i1Jl6! (415)671-3774 .Q07p6461166 -Sen Rdad,G 94601 RENTAL A. («� CONTRACT 02723 :: ,: # CLAIM J '15V r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Clatin **��.Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 7 , 1987 and Boara Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. } the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount:Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: WALLACE, ANDERSON, UNDERWOOD & SCOFIELD c/o Carol Atkinson Blake ATTORNEY: Case, Ford, Blake & Burland County Counsel 550 California Street Date received J 5, 1987 ADDRESS: San Francisco, CA BY DELIVERY TO CLERK ON June ti fP,i Y c lQQ7 BY MAIL POSTMARKED: May 27, IgB lartine7 .n 963553 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 12 1987 JVIL ATCHELOR, Clerk DATED. 81�: Deputy L. Hall 11. FROM: County Counsel 70: 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: nwix, BY: Deputy County Counsel 11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) { } Claim was returned as untimely with notice to claimant (Section 911,3). V. 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: J U L 7 1987 PHIL BATCHELOR, Clerk, By %Wax , Deputy Clerk WARNING (Gov. code section 913) object to certain exceptions, you have only six (6) months from the date this notice was personally served or ?posited in the mail to file a court action on this claim. See Government Code Section 945.6. >u may seek the advice of an attorTy of your choice in connection with this matter. If you want to consult i attorney, you should do so immediately, AFFIDAVIT OF MAILING declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the cited States. over age 18; and that today I deposited in the United States Postal Service in Martinez, ►lifornia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to we claimant as shown above. kted: JUL . 1987 BY: PHIL BATCHELOR by puty Clerk .: County Counsel County Administrator It J 1 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 2 PURSUANT TO California Government Code Section 900 3 et. seq. , WALLACE, ANDERSON, UNDERWOOD & SCOFIELD presents this 4 claim for damages against the COUNTY OF CONTRA C 5 CLAIMANT'S NAMESC �lv 6 WALLACE, ANDERSON, UNDERWOOD & OFIE3pp �►� N 7 CLAIMANT'S ADDRESS �,`Q�, 8 c/o CAROL ATKINSON BLAKE CASE, FORD, BLAKE & BURLANDs 9 550 California Street Suite 1000 10 San Francisco, California 11 Plaintiffs GARY WEAVER and GAIL WEAVER have filed Superior 12 Court Action # 289121 alleging that they have sustained damages 13 when certain real property which they own and which is located at 14 31 Highlands Court experienced land sliding and/or subsidence February 15 19 , 1986 . Plaintiffs have named the COUNTY OF CONTRA COSTA as a 16 defendant alleging a cause of action under a theory of inverse 17 condemnation. Claimant has also been named under allegations relating 18 to plaintiffs ' purchase of the property during 1981 . 19 20 WALLACE, ANDERSON, UNDERWOOD and SCOFIELD seeks indemnity 21 as against the claims of GARY and GAIL WEAVER in an amount within 22 the jurisdictional limits of the Superior Court. The exact amounts 23 of the damages claimed by GARY and GAIL WEAVER are presently unknown 24 to claimant. 25 26 The identity of the public employees whose responsibility 27 it was and is to design, create, construct and maintain the property 28 in a safe, usuable condition at the location described above is l presently unknown to claimant. 2 DATED: May 26 , 1987 CASE, FORD, .BLAKE & BURLAND 3 4 BY: rli 5 CARM ATK SON BLAKE Attorney for Above Named 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 - 28 7 -28 a PROOF OF SERVICE BY MAIL - CCP 1013a, 2015.5 1 I declare that: 2 1 am employed in the county of San Francisco, California. I am over the age of eighteen years and not a 3 party to the within cause; my business address is 550 California Street, Suite 1000, San Francisco, 4 California, 94104. 5 On ..............................1. ..........................................I I served the within .............................................................................. )DATE) CLAIM AGAINST THE COUNTY OF CONTRA COSTA. 6 ................................................................................................................................................................................................................._ 7 ................................................................................................................................................................................................................._ 8 ................................................................................................................................................................................................................._ 9 by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the 10 United States mail at San Francisco addressed as follows: 11 12 Contra Costa County 13 Office of County Counsel Victor J. Westman 14 County Administration Building P 0 Box 69 15 Martinez , CA. 94553-0006 16 17 18 19 20 21 22 23 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was 24 executed on ...........May..26 , 19 8.7_ at Son Francisco, California. )DATE) 25 / Dianne Karagavoorian..................................... ' 26 ..................... )TYPE OR PRINT NAME) Cr" 27 � 28 `,:f APPLICATION; TO FILE LATE CLAIM HOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT July 7, 1987 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Hoard Action.) notice of the action taken on your application by (All Section References are to the Hoard of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. County Counsel Claimant: CITY OF- ORINDA c/o Rebecca A. Page, Esq. JUN 0 51907 Attorney: 1304 Willow Street Address: Martinez, CA 94553 MaFtiRei, CA 94553 Amount: $50, 000. 00 By delivery to Clerk on June 1, 1987 Date Received: June 1, 1987 By mail, postmarked on May 29, 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel . Attached is a copy of the above noted Application to Ff a to Claim. DATED: June 5, 1987 PHIL BATCHELOR, Clerk, By Deputy T. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (A The Board should deny this Application to File Late Claim (Section 911.6). DATED: U/Lte, Id VICTOR WESTMAN, County Counsel, By puty III. ARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (A) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Hoard's Order entered in its minutes for this date. DATE: JUL 7 1987 PHIL BATCHELOR, Clerk, By sx,1XI"e" Deputy WARNM (Gov. Code 3911.8) If you Wish to file a court action on this matter, you must first petition the appropriate oourt for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be tiled With the court Within six (6) months from the date your application for leave to present a late claim Was denied. You may seek the advise of any attorney of your choice in oa mection With this matter. It you Want to consult an attorne You should do so immediate) . IV. FROM:. Clerk of the Hoar T0: 1 County Counsel County A nis ra or Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof. has ben filed and endorsed on the Board's copy of this Claim in accordance With Section 29703. DATED: JUL 8 1987 PHIL BATCHELOR, Clerk, By 0( - �/� � Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board Received copies of this Application and Board Order. of Supervisors DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM REBECCA A. PAGE, ESQ. ERICKSEN, ARBUTHNOT, PAYNTER & BROWN, Inc. 1304 Willow Street 2 Martinez, California 94553 (415) 229-1702 Attorneys for Claimant, /* .4 CITY OF ORINDA 6 7 CLAIM OF THE CITY OF ORINDA, 8 CITY OF ORINDA, 9 Claimant, 10 vs. 11 COUNTY OF CONTRA COSTA, APPLICATION FOR LEAVE TO PRESENT LATE CLAIM ON BEHALF 12 OF CITY OF ORINDA PURSUANT TO GOVERNMENT CODE SECTION 911. 4 13 Respondent. 14 TO: THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 15 1. Application is hereby made, pursuant to Government 16 Code Section 911. 4, for leave to present a late claim founded on 17 a cause of action for damage to real property and nuisance 18 entitled Iradi Moazed and Beverly Moazed vs. The County of 19 Contra Costa, The City of Orinda and Does 1 through 100 case 20 number 296019 which was served on claimant, CITY OF ORINDA by 21 mail on January 23, 1987, for which a claim was not presented 22 within 100-day period provided by Section 911.2 of the 23 Government Code. For additional circumstances relating to the 24 cause of action, reference is made to the proposed claim 25 attached to this Application. 26 2. The failure to present this claim within the 27 100-day period specified by Section 911. 2 of the Government Code 28 . I was through mistake, inadvertance, surprise and/or excusable 2 neglect, and the County of Contra Costa was not prejudiced by 3 this failure, all as more particularly shown by the attached Declaration of Rebecca A. Page. .4 5 3. This Application is being presented within a 6 reasonable time after accrual of this cause of action, as more 7 particularly shown by the attached Declaration of Rebecca A. 8 Page. 9 WHEREFORE, it is respectfully requested that this 10 Application be granted and that the attached proposed claim be 11 received and acted upon in accordance with Sections 912.4 12 through 913 of the Government Code. 13 Dated : May 29, 1987 14 ERICKSEN, ARBUTHNOT, PAYNTER & BROWN, Inc. 15 By: 16 REBECC 47A. PAGE 17 NOTE: The address to which notices relating to this Application 18 are to be sent is : ERICKSEN, ARBUTHNOT, PAYNTER & BROWN, INC. 19 Attorneys at Law 1304 Willow Street 20 Martinez, CA 94553 21 22 23 24 25 26 27 28 -2- REBECCA A. PAGE, ESQ. 1 ERICKSEN, ARBUTHNOT, PAYNTER & BROWN, Inc. 1304 Willow Street 2 Martinez, California 94553 (415) 229-1702 3 Attorneys for Claimant, •4 CITY OF ORINDA 5 6 7 CLAIM OF THE CITY OF ORINDA 8 9 CITY OF ORINDA, 10 Claimant, 11 V. DECLARATION IN SUPPORT OF APPLICATION FOR LEAVE TO FILE 12 LATE CLAIM COUNTY OF CONTRA COSTA, 13 14 Respondent. / 15 I , REBECCA A. PAGE, hereby declare as follows: 16 I am an attorney at law duly licensed to practice 17 before courts in the State of California and am an associate 18 with the law firm of Ericksen, Arbuthnot, Paynter & Brown, Inc. , 19 attorney of record herein for the claimant, CITY OF ORINDA. 20 Our office was first retained to represent the CITY OF 21 ORINDA in connection with Moazed vs. County of Contra Costa, 22 City of Orinda, et al. , case number 296019, on April 27, 1987. 23 I immediately proceeded to review the file and contact 24 the City Manager for the CITY OF ORINDA to investigate the 25 allegations contained in plaintiff' s complaint. At that time, I 26 first became aware that the COUNTY OF CONTRA COSTA might bear 27 some legal responsibility for the damages complained of in 28 plaintiff' s complaint. 2 1 then immediately prepared responsive pleadings and a 3 Claim against the COUNTY OF CONTRA COSTA. Both the responsive .4 pleadings and the Claim were prepared in less than two weeks 5 from the date that I initially received the file. 6. No prejudice will result to the COUNTY OF CONTRA COSTA 7 by granting leave to file the proposed late Claim as the 8 claimant has already complied with the Claim statute in the 9 underlying action and put the County on notice of the existence 10 of a Claim against it for damages to real property at 20 Hall 11 Drive, Orinda, California. See a copy of the Complaint attached 12 hereto as Exhibit "A" . 13 The COUNTY OF CONTRA COSTA will also not suffer any 14 prejudice because the Claim on behalf of the CITY OF ORINDA was 15 actually presented approximately one week after the expiration 16 of 100 days from the accrual of a cause of action against the 17 County. 18 Therefore, I respectfully request that the COUNTY OF 19 CONTRA COSTA grant the Application for Leave to File Late Claim. 20 1 declare under penalty of perjury that the foregoing 21 is true and corrected. 22 Executed this 29th day of May, 1987 at Martinez, 23 California. 24 25 26 REBECCA A. PAGE 27 28 CURRAN b ALSCHULER , I-, Professional Corporation 2 166 Santa Clara Avenue Oakland , CA 54610 � (� 3 Telephone : (415) 653-7207 U .4 Attorneys for Plaintiffs . � - JAN 1G1981 5 1 Fi OLSStJt'.County Clerk t: IN THE SUPERIOR COURT OF THE STATE Or CALIFORNIA, y IN AND FOR THL: COUNTY OF CON T F:A COSTA. 10 1 t IP_.DJ 2,10.�".ZED and BEVERLY ) No. 1,107-.ZED, ) 1 ) CO 1PL:-.INT TOR PROPERTY Vs . ) 14 T iE CO'•. I,:T: OF CO' M7, COST_:-. , ) t5 TH: CIT'-,' OF 0 i_ G ) Defe:,d-,-,tS . ) ] " P1air.tiffs GIIEae : 19 1 . Plaintiffs are the of that ccr4C-in p_ z-cel 20 of re_= 3 property imurovc-6 i•:i th c: sing i c: enerG_ 21 6e:sca: .-; ;c4. as 20 hall Drive 1:r the C tt.' C: t`r1 .Gc: , Com' t:t`- of �1 Cc:-,-,tr& CoEta , State-, c:. C �i 2 . Defend r.t CM:NTY OT' COSTi: is a ,.,.ura_ _c 24and loca'A agency as specified 1n th•_ SUS. Cli'1SlOn �`; ,� t Ct and 25 political subdivision of thc• State of Cz:lifornia . 26 3 . - ThE• CITY OT ORINDA is enti tv- anc poli?.i - 27 cal subdivision of the Statc of Cal i fcrnia . 4 . T1,Elt thc_. C.- 'r. r,s:' Co'�7' LA CC ! F-zirticlputed in the C1ESi �17: , improvement , plan , construction anC, maintenance of thc subdivision within 'which plaintiffs ' home and lot are located and the maintenance and construction of a public streets abutting plaintiffs ' real property . 5 . ThGt the CITY Or O�.INDI, manages and maintains })all Drive which is a public street and hiohway . G . This Court i.s a proper court because camage to the real property occurres within its jurisdictional area . 9 1 Plaintiffs ' have complied with the claims statute 11.) as it relates to their personal injuries arising out of the ) i nuisance hereinafter alleges . S . Flaintiffs have been compelled to brim this actio-. because of the ins-if f erence. of the Cc''EnC1=nt public entl ties F. s it relates to t'ielr TT,cintena'.iCE c.Ti crC_:.,tion oI the -.-ubl.iC street 15 pla-intiffs ' rE:=:_ '_"ober`"' , tl:e reEent envi1-on: 1 :-:-EA 1T, effects Of \•:;wish .are C:( tri? ;cntal. to the fair market value ther::C'_ - a:-:d p ai'ltif_ c ' 1"i•'':.t :: t0 L'Sc an., e :-1C'� t)"�C_r �rOrert`: - - - j � 9 . T?.a the I slice froD. an^. unser the a`orc.s= iC r&II Drive and a retaining \•;al1 hullt and constructed- in sa16 d has resulted in the- destruct=on of r 1 in tiff S ' retaiT:i.`:c CI"c:ln5 2.nG \ e �Etc.t1C" r_Ci„tif`_ C iic v L:cG.. COr,i• �_le-. to !-=c E, ' nc-c s an'-' _4 =.::2-S to c,= S: St then. i!, Cle'tE'r':1T7�1.c tr:C: �3 c :tent of 6a—. cce do-,-,e )Dthe c' :)Etru'c tion of ane: rlaintenance c- ti:e public street as hercin—lbove alle.ge(3 . �s 10 . Tl-,&t plaintiffs have been sir,rjles out _ to bear the .i burden of the adverse environmental effects of the puL;lic s.tweet -LI: j t£ nreser.t condltlr`n _`C)r \4:,--' C)1 the plal ;,til f }i� --c- not r:eei-, CCC_"d .':C'C \•:�.4 )i t)1C CIFi .. F .IC to tE CO1'ltit, C ) L1 :. : provision E, requiril-Iq payment to private property owners for damage to their real property . 3 j. 11 That the aforesaid public entities are the legal 4 i. cause of their damages in the sum of $50, 000 - 00 . VZHEREFORE , plaintiffs pray judgment as follows: 1 . For the sum of $r.,0 , 000 . 00 plus pre-judgment 7 interest thereon since February 18 , 1986 . 8 2 . For their attorneys ' fees in accordance with Code 9 of Civil Procedure §1036 , and their engineering and appraisers ' 10 fees in accordance with S1230 -30 et seq . 3 . For such other and further relief as to the Court 12 T-tay, see-w proper . 13 Dated : J-=,n 16 , 1987 . 34 CURRIN b i-.LSCIHULER, A Professiona.1 Corporation Bv Dona Id 1-%-. Cur an Attornevs for Plaint-1 - 20 22 23 24 27 MOAZED vs. COUNTY OF CONTRA COSTA Contra Costa County Superior Court No: 296019 CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO : BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA THE CITY OF ORINDA hereby makes claim against THE COUNTY OF CONTRA COSTA for the sum of $50, 000. 00 plus interest from February 18, 1986, and makes the following statements in support of said claim: 1. Claimant' s address is CITY OF ORINDA, Tom Sinclair, City Manager, 26 Orinda Way, Orinda, California 94563. 2. Notices concerning the claim should be sent to Rebecca A. Page, Esq. , 1304 Willow Street, Martinez, Califoarnia 94553. 3. The date and place of the occurrence giving rise to this claim is 20 Hall Drive, Orinda California; said property having originally been damaged and continuing to be damaged by a mudslide from Hall Drive. 4. The circumstances giving rise to the claim are as follows: On January 23, 1987, THE CITY OF ORINDA was served by mail with a Summons and Complaint entitled Iradj Moazed and Beverly Moazed vs. The County of Contra Costa, The City of Orinda and Does 1 through 10, case number 296019. The plaintiffs filed said complaint on January 16, 1987. The plaintiffs allege that public entities, THE COUNTY OF CONTRA COSTA COSTA and THE CITY OF ORINDA have been indifferent to the maintenance and creation of Hall Drive so as to cause damage to plaintiffs' real property abutting said street and further alleges that a mudslide from Hall Drive has resulted in destruction of plaintiffs' retaining wall, drains and vegetation. A copy of said complaint is attached hereto and incorporated herein as Exhibit "A" . 5. As a result of the filing of the complaint described above, claimant has been forced to engage the services of an attorney to defend them in connection with said action thereby causing claimant to incur legal expenses. Furthermore, claimant may be required to pay damages to plaintiffs in connection with said complaint even though the claimant denies , any liability whatsoever for plaintiffs' alleged injuries. Claim Against the County of Contra Costa Page 2 6. The names of the public employees causing the claimant' s injuries are unknown. 7. My claim as of the date of this claim is $50, 000. 00 plus interest from February 18, 1986, and attorney' s fees as incurred. 8. The basis of the amount above is as follows: See Exhibit "A" wherein plaintiffs seek judgment in the sum of $50, 000. 00 plus interest thereon from February 18, 1986 and attorney' s fees and costs. Dated : May 29, 1987 ERICKSEN, ARBUTHNOT, PAYNTER & BROWN, INC. By S&L Rebecch A. Page Attorney for Claimant CITY OF ORINDA CURRAN b ALSCHULER, A Professional Corporation 2 366 Santa Clara Avenue + Oakland , - CA 94610 3 Telephone . (415) 653-7207 a Attorneys for Plaintiffs . JAN 16 1°$1 5 JU. fi.OISS(►�; Couety Clerk :t1Y. ti t tali±t,t),tl.lx�w) 7 t: IN THE SUPERIOR COURT OF THE STnTE OF CALIFORNIA , U IN AND FOR THE COUNTY OF CONTRA COSTA . )0 i ) ) IR DJ MOAZED and BE%7ERLY ?SOA ZED, ) )� ) CO:,1PL=-.INT FOR PROPERTY DLNZ=GL* T Plaintiffs , ) 1-ND NL .:._2,t.;Cr VS . ) THE COUNTY Or CONM7, COST-. , } 5 THE CIT_ OF ORIN•D , an :. } DOES 3 throuch 10 , } )h } Defenda�­,ts . ) )" Plaintiffs allege . 19 1 . Plaintiff-. are the G'vme2"4 G` that ccrta!in parcel 0 of real property improved v:ith E: singe. far-;i3v dvellinu c:enerall% 21 dE.scr::Led as 20 hall Drive ?i, l_he ClJtv C Orinc:_—a , C1"'-unt'.' of -- Contra Costa , State of Cai_ftrr_�t: . =i 2 . Defendant CO,:\'^'a 07' CO: T .r. COSTI. is a ;:-ub is er:tit-. a4 and local agency as specs fie6 in th_ Sijbdi\'l sl on Man 1.ct and a 25 political Subdivision of th, State of CUlifcrnia . 26 3 . - The CITY OF ORINDA is a T u2_,l is enti tv and polit.i - 27i, cal subdivision of the S.ta tc of California . 4 . That the EXHIBIT A f participated in the desire; , improvement, plan , construction, ana maintenance of the subdivision within which plaintiffs ' home and lot are located and the maintenance and construction of 4 public streets abutting plaintiffs ' rEal. property . 5 . That the CITE' Or ORIhDA manages and maintains Hall • Drive which is a public street and hiahtiay . G . This Court i.s a proper court because damage to the real property occurred vithin its jurisdictional area . 9 7 . Plaintiffs ' -"lave complied with the claims statute as it relates to their personal injuries arising out of the j nuisance hereinafter alleged . E . Plaintiffs have been compelled to bring this action because of the indifference of the cerer.dant public entities as it relates to t'ie1r mclntenance anid creLBion of the uublic street 1c ul.Jutt_na pla-int_ ffs ' realproperty , tl:e reEent en\ 1ronil,-=n :E:1 effects of \:'inch are CEtl _?';cntZl to the lair miar}.et value thereof , - and p-1 a nt1_`_ s ' r 1`•''.'.tS to use an: e:-: ic,' thcir -or or,ert\' . 9 . TI":ct the i"u�- slide fro:: an,'-' under the a`ores-.id �.� Fall Drive and a retaining i•;al i built and constructed- in said M,-,c has resulted in the destruct_on of plaintiffs ' retainir:c drains and vegetation . 1-1a._nitifL-ecr: coT _le l to 1i_rL enci i c ' �.- _ i V ' G a"1- en iT rnn �.. y y need i: a 1- •_ C .1 l(1 U 1 t l..l I 1 (1 �t� 1 illn.- Lh E. _3 e�:tent or camacc: done by the c- ,:)Etrus ct .on oil r, and maintenance c_r the public street as hereinabove alleged . 10 . That plaintiffs have been si:rlrjled out to bear the :(I burden of the adverse environmental Effectss of the• puL:lic street in its rresent cenditi^n for which the plaintiff s. have not bec-rl ] !"1 r.cco� d r:CC �:-1) the { dC'rC' � FnC state. .h L . provisions requiri.liq payment to private property owners for damage to -their real property . 3 is 11 . That the aforesaid public entities are the legal 4 is cause of their damages in the sum of $50,000 . 00 . 5 WHEREFORE, plaintiffs pray judgment as follows : 1 . For the sum of $'0 , 000 . 00 plus pre-judgment 7 interest thereon since February 18 , 1986 . 8 2 . For their attorneys ' fees in accordance with Code 9 of Civil Procedure §1036 , and their engineering and appraisers ' )0 fees in accordance with 51230 . 30 et seq . 11 3 . For such other and further relief as to the Court 12 may seem. proper . Dated : January 16 , 1987 . JLER, 14 CURR7--_N ;-.LSCHT A Professional. Corporation 15 16 B Donald I%'. Cur a TI Attorneys for Plaintiffs. Ifi 20 22 23 24 27 APPLICATION Td FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT July 7, 19$7 Against the County, Routing ) The copy of this document mailed to you isur Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the NWARNINGff below. Claimants BETTY GRZVET, ET AL ccunty counsel c/o Law Offices of Starr Babcock Attorney: 240 Stockton Street, 8th Flr. 1987 Address: Pi San Francisco, CA 94108 ta Address: rtinez, CA 04553 Amount: $1, 250,000. 00 By delivery to Clerk on June 8, 1987 Date Received: June 8, 1987 By mail, postmarked on not legible I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. Claim. DATED: June 12, 1987 PHIL BATCHELOR, Clerk, By 4/t_ � Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Claim (Section 911.6). DATED: VICTOR WESTMAN, County Counsel, Hy puty III. BOARD ORDER By unanimous vote of Supervisors esent (Check one only) ( } This Application is granted (Section 911.6). ( } This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. JUL 7 1987 �� Deputy DATE: PHIL BATCHELOR, Clerk, By WARNING (Gov. Code +$911.8) If you Wish to file a oourt action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition mast be filed With the oourt Within six (6) months fran the date your application for leave to present a late claim Was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you Want to consult an attorne u should do so immediatel . IV. FROM: Clerk of the Board TO: County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof, has ben filed and endorsed on the Boardfs copy of this Claim in accordance with Section 29703. DATED; JUL $ 1987 PHIL BATCHELOR, Clerk, By 6�(, VGA ./ Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Hoard of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 APPLICATION FOR LEAVE TO FILE LAT '� CAIZ IN 1987 A , 2 TO: CLERK, BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 3 4 1. Pursuant to pertinent provisions of the Government 5 Code of the State of California and specifically Sections 911. 4 6 and 911. 6 thereof, application is made by and on behalf of 7 claimants Betty Grivet, Leslie Grivet, Guy Grivet, Mark Pagan, 8 Bambi McClure, Tanya Roan and Cory Grivet for leave to present 9 a late claim against the County of Contra Costa. 10 2 . This claim is based on the cause of action of said 11 applicants/cla.imants to recover damages for the wrongful death 12 of Gary Grivet on June 9, 1986 as a result of the medical 13 negligence on or about June 2, 1986 through June 9, 1986. 14 Further circumstances of the cause of action are set in the 15 proposed claim, attached hereto and incorporated herein by 16 reference. 17 ? . This application is based on the grounds as set 18 forth in the California Government Code, §§911. 4 and 911. 6, 19 that applicants/claimants failed to present a claim within 20 one hundred (100) days as required by California Government 21 Code §911. 2 because of mistake, inadvertence, surprise and 22 excusable neglect. 23 Wherefore, applicants/claimants request that leave be 24 granted to present a claim against you, and each of you, and 25 that you receive and act upon the proposed claim attached 26 /// r 1 hereto in accordance with Government Code 911. 4 and 911. 6. 2 DATED: June 5, 1987 3 4 5 Sta r abcoc 6 Attorney for Applicants/ Claimants 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -2- 1 DECLARATION OF STARR BABCOCK 2 I, Starr Babcock, declare : 3 That I am an attorney duly licensed to practice law in all 4 the courts of the State of California and am the attorney of 5 record for applicants/claimants Betty Grivet, Leslie Grivet, 6 Guy Grivet, Mark Pagan, Bambi McClure, Tanya Roan and Cory 7 Grivet. 8 That on April 22, 1987 Mrs . Betty Grivet was seen by 9 declarant at his offices in connection with the death of her 10 husband Gary Grivet on June 9, 1986. At that time, Mrs. Grivet 11 brought to declarant' s attention that there was a possible 12 claim against the County of Contra Costa hospital facility, 13 namely Merrithew Memorial Hospital. 14 That applicants/claimants Betty Grivet, et al. were 15 previously represented by an attorney for 8 months prior and 16 no claim was filed. 17 That upon review of the medical records and consultation 18 this declarant requests relief from failure to file a claim 19 pursuant to the applicable Government Code sections . 20 I declare under penalty of perjury that the foregoing 21 is true and correct as to all matters set forth in fact, and 22 as to all other matters, I believe them to be true. 23 Executed on this 5th day of June, 1987 in San Francisco, 24 California. 25 , 26 S arr Babcock Attorney for Applicants/ _3_ Claimants 1 CLAIM AGAINST COUNTY OF CONTRA COSTA/ MERRITHEW MEMORIAL HOSPITAL 2 3 CLAIMANTS ' NAMES: Betty Grivet Leslie Grivet 4 Guy Grivet Mark Pagan 5 Bambi McClure Tanya Roan 6 Cory Grivet 7 CLAIMANTS ' ADDRESS: 780 Beaver Lane Byron, CA 94514 8 CLAIM NOTICES TO 9 BE SENT TO: Law Offices of Starr Babcock 240 Stockton Street, 8th Flr. 10 San Francisco, CA 94108 11 DATE OF OCCURRENCE: On or about June 2nd, 1986 through June 9th, 1986 12 PLACE OF OCCURRENCE: Merrithew Memorial Hospital . 13 Martinez , California 14 DESCRIPTION OF OCCURRENCE: Wrongful death of Gary Grivet 15 on June 9, 1986 16 DAMAGES CLAIMED: Wrongful death; loss of con- sortium, care, comfort, society, 17 love, affection, guidance and education of Gary Grivet; 18 economic damage. 19 TOTAL CLAIMED: $1, 250, 000. 00 20 21 DATED: June 5, 1987 22 23 24 rr Babcock Attorney for Claimants 25 240 Stockton Street, 8th Flr. 26 San Francisco, CA 94108 1 APPLICATION FOR LEAVE TO FILE LATE CLAIM 2 TO: CLERK, BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 3 4 1. Pursuant to pertinent provisions of the Government 5 Code of the State of California and specifically Sections 911. 4 6 and 911. 6 thereof, application is made by and on behalf of 7 claimants Betty Grivet, Leslie Grivet, Guy Grivet, Mark Pagan, 8 Bambi McClure, Tanya Roan and Cory Grivet for leave to present 9 a late claim against the County of Contra Costa. 10 2. " This claim is based on the cause of action of said 11 applicants/claimants to recover damages for the wrongful death 12 of Gary Grivet on June 9, 1986 as a result of the medical 13 negligence on or about June 2, 1986 through June 9, 1986. 14 Further circumstances of the cause of action are set in the 15 proposed claim, attached hereto and incorporated herein by 16 reference. 17 3. This application is based on the grounds as set f 18 forth in the California Government Code, §§911. 4 and 911. 6, 19 that applicants/claimants failed to present a claim within 20 one hundred (100) days as required by California Government 21 Code §911. 2 because of mistake, inadvertence, surprise and 22 excusable neglect. 23 Wherefore, applicants/claimants request that leave be 24 ranted to resent a claim against you, and each of g p g y you, and 25 that you receive and act upon the proposed claim attached 26 �// a 1 hereto in accordance with Government Code §§ 911. 4 and 911. 6. 2 DATED: June 5, 1987 3 4 Starr Babcock 6 Attorney for Applicants/ Claimants 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -2- 1 DECLARATION OF STARR BABCOCK 2 I, Starr Babcock, declare: 3 That I am an attorney duly licensed to practice law in all 4 the courts of the State of California and am the attorney of 5 record for applicants/claimants Betty Grivet, Leslie Grivet, 6 Guy Grivet, Mark Pagan, Bambi McClure, Tanya Roan and Cory 7 Grivet. 8 That on April 22, 1987 Mrs. Betty Grivet was seen by 9 declarant at his offices in connection with the death of her t 10 husband Gary Grivet on June 9, 1986. At that time, Mrs. Grivet 11 brought to declarant' s attention that there was a possible 12 claim against the County of Contra Costa hospital facility, 13 namely Merrithew Memorial Hospital. 14 That applicants/claimants Betty Grivet, et al. were 15 previously represented by an attorney for 8 months prior and 16 no-'claim was filed. 17 That upon review of the medical records and consultation 18 this declarant requests relief from failure to file a claim 19 pursuant to the applicable Government Code sections . 20 I declare under penalty of perjury that the foregoing 21 is true and correct as to all matters set forth in fact, and 22 as to all other matters, I believe them to be true. 23 Executed on this 5th day of June, 1987 in San Francisco, 24 California. 25 26 SD%F CUJ;LCOCK Starr Babcock Attorney for Applicants/ _3_ Claimants 1 CLAIM AGAINST COUNTY OF CONTRA COSTA/ MERRITHEW MEMORIAL HOSPITAL 2 3 CLAIMANTS' NAMES: Betty Grivet Leslie Grivet 4 Guy Grivet Mark Pagan 5 Bambi McClure Tanya Roan 6 Cory Grivet 7 CLAIMANTS' ADDRESS: 780 Beaver 'Lane Byron, CA 94514 8 CLAIM NOTICES TO 9 BE SENT TO: Law Offices o.f Starr Babcock 240 Stockton Street, 8th �71r. 10 San Francisco, CA 94108 11 DATE OF OCCURRENCE: On or about June 2nd, 1986 through June 9th, 1986 12 PLACE OF OCCURRENCE: Merrithew Memorial Hospital 13 Martinez, California 14 DESCRIPTION OF OCCURRENCE: Wrongful death of Gary Grivet 15 on June 9, 1986 16 DAMAGES CLAIMED: Wrongful death; loss of con- sortium, care, comfort, society, 17 love, affection, guidance and education of Gary Grivet; 18 economic damage. 19 TOTAL CLAIMED: $1, 250, 000. 00 20 21 DATED: June 5, 1987 22 23 ST/`RF-, SABCOCK 24 Starr Babcock Attorney for Claimants 25 240 Stockton Street, 8th Flr. San Francisco, CA 94108 26