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HomeMy WebLinkAboutMINUTES - 08111987 - 1.17 I CLAIM /f�� 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 Augu S t 11 , 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: $51 . 67 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: EDWARD JENKINSON County Counsel 160 Arana Dr. #C JUL 21. 1987 ATTORNEY: Martinez, CA 94553 Date received gg Gq 9453 ADDRESS: BY DELIVERY TO CLERK ON July'viy,r'll$7 BY MAIL POSTMARKED: July 13 , 1987 I. FROM: Clerk of the jloard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: July 22, 1987 RpVIL BATCHELOR, Clerk BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: R.41 eputy 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: AUG 111987 PHIL BATCHELOR, Clerk, By_z9k/_/�� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was perso6ally 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. Z_W"__—,4��,�Deputy Dated: AUG 12 1987 BY: PHIL BATCHELOR by Clerk CC: County Counsel County Administrator CLAM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY -f: Instructions to Claimant r . A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims,rrelating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, CA) .. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. if the claim is against more than one public entity, separate claims must be filed against -each public entity. :E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reser n stamps EDWARD JEraJrzsora. i RECEIVED Against the COUNTY OF CONTRA COSTA) Jy`�� 'g81 4 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 $ 51.67 and in support of this claim represents as follows: ---------------------=--------------------- ---------------------------- 1. When did the damage or injury occur? (Give exact date and hour) July 2, 1987 at about 4:10 .P. ..M. ------------------------------------------------------- " 2. Where did tle damage or injury occur? (Include city and county) . .On east bound highway 4 between Morello -Ave. and highway 680 in Martinez, Contra Costa County, Ca ------------------=----------------------- ----------------------------- 3. How did the damage or injury occur? (Give full details, use extra heets if rewired) was in the CWssing lane of hi;ahway 4 going east when a wood block approx 10" % 10" fell from the trailer being pulled by a Contra Costa truck 4486 being driven by John Pitau -:saw the block bouncing across the highway and I tried to miss it but it hit the front of my car -----------=------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? (over) 5. UWhat are the names of county or district officers, servants :nr_p 1 employees causing the damage or injury? The driver of' truck ,46486 : John Pitau - -- - -- ---------------------------------- ---------------- 6-.--Wh-at-dam--age----or--injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) I set of. fog lights and labor removing and installing them-$51,67 --------=---------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Trussel Johnson 4042 Alhambra ',day Apt. #2 Martinez, Ca. , 94553 --- --ft----------------------------------- --- 9. FJUlyt ee e--- - s you made on account of this-ac--cident--- or---in--jury:----ITEM AMOUNT uly 7, 1987 Fog Lights $27,67 11, ,1087 Labor 24.00 $51,67 Govt. Code Sec. 910. 2 provides : "The claim sign d by the claimant SEND NOTICES TO: - (Attorney) or ome pe n on his behalf. " Name and Address of Attorney Cla ' ts gnature Address 160 Arana Dr. , #C, Martinez, 94553 Telephone No. Telephone No.(415) 228-4069 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. " CONTINUANCE FROM BOX f#3 at that time it broke and damaged one of the front fog lights. The driver of the eounty truck had stopped and when he started up again I motioned to him to pull over and he did and he inspected the dam- age to my ear and told me that he would report it when he went into the yard, which I found out later that he did. 4`6 Y J a THANK YOU FOR SHOPPING. 364932 J L 0 PARTS SALE CHECK DATE 1 iSOLD TO: ' ADDRESS: CITY: PHONE 1.27*4410 it 77 3 14784 x07/07/3 01:21 F moOiT- GRANcD % ;QTY f`' MFR a» r ,`: -bESCRIP,TION "' ,,'F-,,uN e > AM UN_:- L � lo.9 2s 6 2 7743 1478ftRE 17/07/8 01 21 FH ;I -T PREPARED r, CORES 7 PREPARED BY: SUB TOTAL /v SALES 1 TAX I 0 TOTAL ,2 _ s .•DESCRiFTtON :CHANGEABLE,CORES AMOUNT SUB RECEIPT MUST ACCOMPANY CORE RETURNS TOTAL 0B.• •• SALES ( .. ACCOMPANIED : . •••• • TAX l RETURN CORES MUST BE REBUI .•: TOTAL' GR 58256519-30.25)12185 300%PKG 3 PT OQ r 3 6 4 9 32 WHYTE Or COMPANY, INC. DBA AUTOMOTIVE REPAIR REG. NO. All Min �% =s, YGNACIO VALLEY CHEVRON Chevron Car Care 3437102 I/ HALLMARN AWARD \I t` ."WARD ALAN WHYTE, REALER Estimate andCharge Authorization NCL Date 795 Oak Grove Road -'Phone 6'893990 Service Order _JJ_ Nsme� Phone—Home/Business Year, Make& del Time Wanted Deliver Address City state Zip © Indicates services that mutt be performed to protect warranty Warranty No: Speedometer ReadingLicense No. Joh Taken By ALL PARTS ARE NEW UNLESS OTHERWISE INDICATED T �" ■ ■ 11 rirCleainer LABOR — OTHER PARTS AMOUNT PAR LABOR ce Clean Replace Z O Front Wheel aseirgs Inspect Repack 2 A MIS I N Dfa10 Add ❑ Manual O Auto Differential Drain Add U Joints& Spline T BekSteer tCylinder Tire Condition —P. S. I. LF 1321 RFType LR 1321 RR Size ' ❑ Repair ❑ Switch. Shock Absorbers .acrrraa e rt{= Srrv? es Battery Condition ❑ Good ❑ Needed Water ❑ Maintenance Free ❑ Needs Recharge ❑ Recharged Sub-total IAI (a) AI at Sub-total Parts R.o.Ik Sublet Repairs By SUPREME❑ REGULAR ❑ UNLEADED ❑ """T'Ty DHIEE Estimated Cost of Above Repairs $ JA) Total Do you went the old parts? ❑ YES ❑ NO Parts I,the Registered Owner,authorize you to perform the above repairs and (B) Total j furnish necessary materials. I understand any cost quoted heretofore is Labor f - ICI ICI an estimate only. Your employees may operate vehicle for inspection, Total Sublet Repairs testing, delivery at my risk. You will not be responsible for loss or Excise Tax damage to vehicle or articles left in it. I agree to pay reasonable storage ( I Otal Ub et Saf Points Double Checked& Initialed for Your Protection on vehicle left more than 48 hours after notification that repairs are completed. An express mechanic's lien is acknowledged an above vehicle C Repairs Crankcase Drain Plug Radiator Level to secure the amount at repairs thereto, including those from any prior work or repair contract on this vehicle. In the event an attorney Sales Tax Transmission Plugs&Level Brake C tinders retained to foredo is an or to bring suit for collection of any Differential Plugs&Level Wheel Lugs sums due I agre costs of collection'and reasonable attorney fees. Certification Re o i rder is he Eby ackrpWledged Crankcase Filled By Warranty&Door Record Inspection Filter Test Signed 1 EI Total Amenot ADD!TIQCAL AHD/OR SUBLET REPAIR AUTHORIZATION / 'ASION ONTROL REPAIR AUTHORIZATIONI jai CERTIFICATIONES ❑ NO CERT NO. Estimated Cost of additional repairs $ CERTIFICATE CPTw-c-OVERAGE INSPECTION COST $ DP I ACKNOWLEDGE NOTICE AND ORAL APPROVAL OF AN INCREASE IN THE ORIGINAL ESTIMATERICE POSSIBLE WAR ❑ YES ❑ NO if"YES"is indicated,I have been advised of possible manufacturer's emission warranty coverage as required by state of California and/or federal government and I agree to have the dealer listed above complete the repairs. CUSTOMER'S SIGNATURE Signed Date CUSTOMER SIGNATURE TELEPHONE AUTHORIZATION In addition,I understand that I have the Eight to have all emission service and/or adiustment done eleswhere. DATE TELEPHONE NO.CALLED TIME NAME OF PERSON AUTHORIZING I hereby wave this right. Signed GNANDate CUSTOMER SIRE RS B1 IR 12 86) CIIRTOMFR'R INVOICF COPY 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 Augu s t 11 , 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 , 000 , 000. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MAXIHINA GARABILES c/o Steven J. Carpol, Esq. CSU:;ty Cp�,15V( ATTORNEY: BOX 6030 Redwood City, CA 94063-0930 Date received JUL 21. 1987 ADDRESS: BY DELIVERY TO CLERK ON Ju;!;ja�i4-+e 1987 c c'rV,", BY MAIL POSTMARKED: July 13 , 1987 I. FROM: Clerk of the jioard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �� July 22 , 1987 ppH►{IL BATCHELOR, Clerk `(/ / Ya_ 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). ( ) 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: A U G 11 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: AUG 1.2 1987 BY: PHIL BATCHELOR by W/ZZ-6— Deputy Clerk CC: County Counsel County Administrator r AARON, RIECHERT & CARPOL _ A PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELORS AT LAW PHILIP W. AARON 1000 MARSHALL ST., SUITE C PETER G. RIECHERT REPLY TO: BOX 8030 STEVEN J. CARPOL REDWOOD CITY, CA 94063-0930 LOIS J. SCAMPINI July 13 , 1987 TELEPHONE: (415) 368-4662 FEDERAL EXPRESS � yI�198 Board of Supervisors County of Conta Costa 651 Pine St. , Room 106 Martinez, CA 94553 RE: Claim for Wrongful Death Resulting from Dangerous Condition on Public Property and Improper Highway Design; Claimant: MAXIMINA GARABILES Date of Death: April 5 , 1987 Date of Accident: March 28 , 1987 Dear Sirs: On behalf of Maximina Garabiles , I present the following claim pursuant to Section 900 et seq. of the Government Code: 1 . The name and address of the Claimant is: Maximina Garabiles 2860 Lyon Circle Concord, CA 94518 2 . The address to which notices should be sent: Steven J. Carpol, Esq. Box 8030 Redwood City, CA 94063-0930 3. On March 28 , 1987, at approximately 11 : 00 A.M. in the morning, Claimant 's husband was proceeding southbound on Interstate 680 when the right rear tire of Claimant ' s vehicle suffered a "blowout". Board of Supervisors County of Contra Costa RE: Wrongful Death - Garabiles July 13 , 1987 Page -2- Claimant' s husband proceeded on the southbound off ramp of Interstate 680 at Newell Avenue and failed to stop at the " T" intersection. Claimant ' s husband crossed Newell Avenue and struck a tree located on the southern edge of Newell Avenue at its intersection with the Interstate 680 off ramp. A copy of the police report prepared by the California State Highway Patrol is incorporated by reference and more properly explains the facts known to Claimant. 4 . Claimant ' s husband died on April 5 , 1987 as a result of injuries suffered in the March 28 , 1987 accident. 5 . The names of the public employees causing the injury are unknown. 6 . The amount of the claim as of the date of presentation is unknown, but the estimated amount including medical bills for which Claimant will be responsible, loss of comfort and care, and loss of consortium is estimated to be $1,000 ,000 .00. The basis of this computation is an estimate of the fair value based upon Claimant ' s husband ' s expected life span, the cost of medical care, and the out-of-pocket cost that Claimant will suffer as a result of the absence of Claimant' s husband. 7. Claimant believes that the dangerous condition of the off ramp and the failure to remove the -barriers at the end of the off ramp constituted negligent activity and/or design on the part of this public entity. Executed on behalf of Maximina Garabiles at Redwood City, California. BY: ST N J.7POL c A/.7 CLAIM - BOAkD 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 August 11 , 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: $30, 045 . 00 Section 913 and 915.4. Please note at0Yn�O'Ur1Sel CLAIMANT: MR. & MRS . ARNOLD J. MIDWOOD, JR. CJ c/o William L. Gonser, JUL 15 19$1 ATTORNEY: Attorney at Law Martinez CA 94553 1615 Bonanza Street #204 Date received Jul 13 , 1987 ADDRESS: Walnut Creek,, CA 94596 BY DELIVERY TO CLERK ON y BY MAIL POSTMARKED: July 9, 1987 - Certified P 247 748 945 I. FROM: Clerk of the Joard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: July 13 , 1987 &aIL 8AATTCyELOR, Clerk epuL. 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 ar 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. AUG 11 296 1����� 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: AUG 112 IfBI BY: PHIL BATCHELOR byZz,�f,_/Y�putyr Clerk CC: County Counsel County Administrator CLAIM AGAINST PUBLIC ENTITY [Gov C § 905 , 905. 2 , 910, 910. 2] x! TO: CENTRAL CONTRA COSTA SANITARY DISTRICT . 5019 Imhoff Place Martinez , CA 94553 CONTRA COSTA COUNTY BOARD OF SUPERVISORS 651 Pine Street Martinez , CA 94553 Mr. and Mrs. ARNOLD J. MIDWOOD, JR. hereby make claim against the CENTRAL CONTRA COSTA SANITARY DISTRICT and, if appropriate, the CONTRA COSTA COUNTY BOARD OF SUPERVISORS , for the sum of $30 , 045. 00 and make the following statements in support of the claim: 1. Claimants ' post office address is 1055 Via Baja, Lafayette, CA 94549. 2. Notices concerning the claim should be sent to Claimants ' at the above address shown in 1 . , together with a copy to WILLIAM L. GONSER, Attorney at Law, 1615 Bonanza Street, Suite 204 , Walnut Creek, CA 94596. 3. The date and place of the occurrence giving rise to this claim is April 8 , 1987 at 1055 Via Baja , Lafayette, CA. 4. The circumstances giving rise to this claim are as follows : On the above date, there was some sewage work being done down the street from Claimants' house. During the process of this work, apparently various sewer lines were shut off and, after completion of the work, one of the "stops" was not removed causing a tremendous backup in the sewage which flowed into Claimants' home causing extensive damage to two bathrooms and two bedrooms. - Besides extensive damage there was and continues to be a vile smell which permeates and lingers in this area. 5. Claimants ' injuries are all repairs,renovating and remodeling necessary to correct the damage and render the area habitable. 6. The names of the public employees causing the Claimants' injuries are unknown. 7. Our claim as of the date of this claim is $30 , 045 . 00. 8. The basis of computation of the above amount is as follows: a. Out of pocket costs incurred and to be incurred in repairs, renovating and remodeling not covered by District ' s insurance coverage $ 5 , 045. 00 b. General damages $ 25 , 000. 00 $ 30 , 045. 00 page 1 of 2 Dated: July 8 , 1987 . Claimant Claimant ,)aae 2 of 2 j WILLIAM L. GONSEA ATTORNEY AT L.AW 1015 BONANZA ST..SUITE SOa WALNUT CREEN.CALIFORNIA 94596 TELEPHONE 14131632-4023 July 9, 1987 Certif'ed Mail - R.R.R. R CEI ED Central Contra Costa Sanitary District 5019 Imhoff Place J 1987 Martinez, CA 94553 Contra Costa County Board of Supervisors 651 Pine Street Martinez, CA 94553 Re: Claim Against Public Entity; Claimants - Midwood Dear Sir or Madam: I am enclosing a Claim pursuant to the appropriate California Government Code Sections relating to tort claims against public entities. This Claim is on behalf of Mr. and Mrs. Arnold J. Midwood, Jr. , who reside at 1055 Via Baja, Lafayette, CA. As you will note, the date of occurrence was April 8 , 1987. The Claim is being sent to both of the capitioned entities and it is expected that the appropriate entity (or both entities) will timely respond. You should be aware that the basis of the damage computation is as of today' s date and is based upon out-of-pocket costs which are reasonably foreseeable. The Claim for general damages is also based upon those damages which are generally foreseeable as of this date. However, please be advised that the problem caused by the sewer backup has not yet been resolved; the exact nature and extent of damages cannot finally be determined until a resolution of the problem is permanently effected. The amounts stated in the Claim are the best estimates at this point, assuming that a permanent resolution of the problem will be accomplished in the very near future. You should also be advised that this Claim is currently being adjusted by George Hills Company, through Nancy Pruett, the adjustor handling the matter. There are continuing negotiations between the adjustor and Mr. and Mrs. Midwood and I am hopeful that a reasonable negotiated settlement will be forthcoming as soon as a permanent resolution to the problem is in place. Central Contra Costa Sanitary District Contra Costa County Board of Supervisors July 9 , 1987 Page - 2 - Re: Midwood Claim Nonetheless, the provisions of the Government Code indicate that the Claim be timely filed in order to protect claimants rights , and this is the purpose of the within Claim. Very /truly yours, WILLIAM L. GONSER WLG: smd enclosure cc: Mr. and Mrs. Arnold J. Midwood, Jr. George Hills Company CLAIM /f/p BOA(« OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA %�laim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing EndorsemeAts, ) NOTICE TO CLAIMANT August 11 , 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: Unspecified Section 913 and 915.4. Please note all "Gou " CLAIMANT: GARY T. CENTER n�� C���sel c/o Frank M. Stevens , Esq. AUL j 5 1987 Stevens & Drummond ML ATTORNEY: 910 Olympic Blvd.CA #250 Date received July X198 ' CA 94553 ADDRESS: BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: July 10, 1987 1. FROM: Clerk of the,60ard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH gg DATED: July 13 , 1987 gYIL DeputyLOR, Clerk / \✓LtC� � 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: AUG 1 1 1987 PHIL BATCHELOR, Clerk, By 7N , / � , 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. AUG 12 1987 ;�/&/ �Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator n NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO : Gary T, Center c/o Frank 'M, Stevens , Esq. Stevens & Drummond 1910 Olympic Blvd. #250 Walnut Creek CA 94596 Re : Claim of GARY T. CENTER Ploase Take Notice as follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 . 2 , or is otherwise .insutficent for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimaint. 2 . The claim r"ails to state the post office address to which the person presenting the claim desires notices to k,e sent . 3 . The claim fails to state the date , place or other circum- stances of the occurrence or transaction which pave rise to the claim asserted. 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. 5. The claim fails to state the amount claimed as of the date of oresent.ation, the estimated amount of any prospective injury, damage, or loss so far as known, or the basis of computation of the amount claimed. 6 . The claim is not signed by the claimant or by some person on his behalf. x 7 . Other :—Please provide a copy of thc, romp 1 ai nt in niirki n ., Center and please specify who owns the public land described in par,agsaph I of the claim VICTOR J, WESTMAN, County Counsel By: 12L&4Kt di,� lhor�A� Deputy gounty Counsel ° CERTIFICATE OF SERVICE BY MAIL (C. C. P. §§1012 , 1013a, 2015. 5; Evid.C. §§641 , 664) My business address is the County Counsel ' s Office of Contra Costa County, Co.Admin. Bldg. , P.O. Box 69 , Martinez , California 94553 , and I am a citizen of t.he United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true cony of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing it in an envelope (s) addressed as shown above (which is/are place (s) having delivery service by U.S. !Ia-ll) , which envelope (s) was then sealed and postage fully prepaid thereon, and thereafter was , on this day dep,)sited in the U. S. Mail at Martinez/Concord , Contra Ccsta County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated : July 16, 1987 at Martinez, California . Cc : Clerk of the Board of Superviso` (original j�/ Risk Management V (NOTICE OF INS'�:FFICIENCY OF CLAIM: GOVT. C. §§910, 910 . 2 , 910 . 4 , 910 . 8) ,! LAW OFFICES OF ,(�� FRANK M.STEVENS STEYENS & DKUMMON Cr• -1� (��� T PHONE GARY T. DRUMMOND 1910 OLYMPIC BOULEVARD, SUITE cV n�' 8 5550 WALNUT CREEK,CALIFORNIA 5 ` \ J E DE 415 V � TO: Board of Supervisors County of Contra Costa 651 Pine Street, Room 106 Martinez , California 94553 RE: RICHARD DURKIN, a minor, etc. v. GARY T. CENTER Contra Costa County Superior Court No: 297249 Claimant , GARY T. CENTER, hereby makes claim against the COUNTY OF CONTRA COSTA for indemnity and equitable contribution and makes the following statements in support of this claim: 1 . Claimant ' s address is c/o Frank M. Stevens , Esq. , Stevens & Drummond, 1910 Olympic Boulevard , Suite 250, Walnut Creek, California 94596 . 2 . Notices concerning the claim should be sent to Frank M. Stevens , Esq. , Stevens & Drummond, 1910 Olympic Boulevard , Suite 250, Walnut Creek , California 94596 . 3 . The date and place of the accident giving rise to this claim are : April 20, 1986 Public land, located parallel to Gallagher Drive , at approximately the 3600 block perpendicular to Chichibu Park , Antioch , Contra Costa County, California. 4. The circumstances giving rise to this claim are as follows : Plaintiff , Richard Durkin, a minor, who claims to have been injured when he fell from a rope swing hanging from a tree located on public land described in #3 , has filed an action in the Superior Court of Contra Costa County, Action No. 297249, in which action claimant , GARY T. CENTER, is a named defendant. This claim is made by claimant for indemnity and contribution. 5. Claimant ' s injuries and/or damages are not now known. 6. The name of the public employee causing the claimant ' s injuries and/or damages is unknown. Dated : July 9, 1987 STEVENS & DRUMMOND By FRANK M. STEVENS Attorneys For Claimant //I APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE 70 APPLICANT August 11 , 1987 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: JIM DANIELS C'unty Counsel 2837 South 9200 [Nest Attorney: Magna, Utah 84044 JUL 2 1' 1987 Address: 11TEU-tinez, CA Amount: $800. 00 By delivery to Clerk on July 20, 1987 Date Received: July 20, 1937 By mail, postmarked on July 17 , 1987 Certified P 124 618 321 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to Fi a Lat/e Claim. DATED: July 20, 1987 PHIL BATCHELOR, Clerk, By ✓;6 Deputy Hal Ir. 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: CTOR WESTMAN, County Counsel, By puty III. vBDIARD ORDER By unanimous vote of Supervisors pfesent (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. DATE; AUG 111987 PHIL BATCHELOR, Clerk, syjL-� Deputy WARNING (Gov. Code 5911.8) If you Wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Goverrment Code Section 946.6. Such Petition must be filed With the court Within six (6) months from the date your application for leave to present a late claim Was denied. You may seek the advise of any attorney of your choice in connection With this clatter. If you Want to consult an attorney, u should do so immediately. V. FROM: Clerk of the Board 70: County Counsel 2 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. AUG 12 1987 DATED: PHIL BATCHELOR, Clerk, By Deputy V. FROM; 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By. County Administrator, By APPLICATION TO FILE LATE CLAIM l26( X21 July 15, 1987 _. Contra cresta County �'�►h_ The beard of .Supervisors County Administration Building �/(J P.O. Box 911 1987 Martinez, California 94553 T t Leave to present a lste claim Government Code See . 911 .6 MISTAKE! EXCUSABLB' NEGLECT . . . . Notice to the Board of Action; The late file claim was due to a mistake by your receptionist presenting your elaim forms . I was informed through the receptionist` tkere were 100 working days to file a claim. This time began Feb. 28 - June 29 , 1987 . 1 calculate this to be 85 working days . 1 feel in lieu of the mistake , failure to file timely claim is due to the error en- your _part . Therefore , I am sending back my claim in leave , to vresent a late claim, according to Government Code Sec . 911 .4 - 9il.6 of the Government Code . EXCUSABLE NEGLECT : Since my claim is being erecessed from Out-Uf-State , it was more time consuming to accure all pertinent information and forms for claim, sec . 911 .4 of the Government Code . 1 do net wish to seek legal advice at this time , for monetary reasons on the behalf of beth parties. 1 hope to settle this claim without an Atterney, but if you feel one is needed vlease contact me . Very truly yours , Jim Daniels 2887 South 9200 west Magna, Utah , 84044 JD/eph Encls . 'he Board of Supervisors Contra �•'f'l` Costa '° aunty AOTo^Sulbinp a� , 0 80= Ott C�y ianmei. GaIi10Th OM3 Pow pow%.IM nh C Vshem AM Orrsr W^t scb"Ma Vic annp , 20: Jin Daniels 3153 Ilest 3650 South #4 I7est Valley, Utah 84119 YMCE 70 l7A401t�i' Off late- TM cl lm) rtommrnment code action 911.1) '!he claim you presented to the scare of Supervisors of oantra costa Ommtye California• as governing body of the X Oamty of Omtra Costa aaffd/or District* an July 1, 1987 is being returnee to you herewith s low It Msrc2 presenv�thin 100 days after the Omt ar eocurrenoe as required .by 1W. (See Sections 901 grid 911.2 of W* Goverment Code.) secause the claim was not presented within the time allowed by Iwo no action was taken an the Claim. Tax only recourse at this time is to apply without dalay to the Board of Supervisors (in its capacity noted above) for leave to present a late claim. on Sections 911.8 to 912.2, inclusive, end Section 946.6 of the Coearrimt Code.) Queer some ciramstanoas, leave to present a late dais will be granted. . i5ee Section 911.6 of the Omrnment 00e.) Tau any seek the advice of an attorney of your doice in connection with this matter, if you desire to consult an atboc- my, you should db so tamediately. to Bt aim as Bir "M aLM ar as Dom agar-a APPUoNCZ: � ) iinoe a portion of yea claim is not untimely; in are - sistainirg a copy of main claim for hoard action an that portion at Imr dais which is rat w*Ime_ly. FM ftt%W'desk d so Board of gpenieo�rt rnd Couspi J�niwstrru Depaty mark tys f ' motet July 13 , 1987 CLA- TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ,�i J Instructions to Claimant Return original application to Ce/ F fI y i tq O 40y 651 the Board i' 1, 651 Pinene 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 must be presented rri�ot later than the 100th day after the accrual of the cause of dCtione ' 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 enti.ty, .separate claims must be filed against each public enti•cy. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at and oF'this form. RE: Claim by )Reserved ' stamps A LS`; RECEIVED ) Against the COUNTY OF CONTRA COSTA) JUL / 1887 ) 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 $ X 0Q 0-*— and in support of this claim represents as follows: I.- When did-the damate ana �iouz� Fe- a�--192--- -�------------ --- ----.-z----- ------- --__ '2:- Rf'iere $id tfie_ damage or N3-ury-- occur? ?Include city and county] 3. ow did the damage or occur? 161ve full Betalls. use ra ext sheets if required) ^q, tU.&'i li.taa -�• JAA" �. tohat particular act or omisslon on the part of county or diatrlct officers, servants or employees caused the injury or damage? (over) • S. What are the names of county or district officers, servants or' . employees causing the �damage or injury? w\ 6. RUE $ai2i4eir in rie-s doj u*VIZ resuIUD of inj ries or damages claimed. ,Attach two estimates for auto damage` VIN /117V307067 Lt d 5a3 gA 8 -n?ar Aim-o P43-37538 7. How wa�/ the amount claimed abo computed? (Include the estimates amount of any prospective injury or damage. ) t. Names and addresses of wi nesses, doctors and hospitals. -- -t-A-2-le-ZZ -----------T----------••----------------- --T-----T -------T-T---- �5. List expendature�y u made on account of this accident or injury: • A a ITEM AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by sope persqn on his behalf. " Name and Address of Attorney Claimant 's Signature -elAddrg s n `/ Telephone No. Telephone No.P/ -- 969 '90340 #*****RR#R**RR#RRRR*R#*#*R##*#R!R**R*#**#*#*RR*RR***RR#**RR*R*RRR*#**RR#** NOTICE . Section 72 of the Penal Code provides: "Every person vho,- 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. "