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Home My WebLink AboutMINUTES - 08041987 - 1.18 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 � August 4, 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- 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: RON KUMMER County Counsel 2614 Kevin Road ATTORNEY: San Pablo, CA 94806 JUL 15 1987 Date received July 9 , 190irtjnez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: July 8 , 1987 1. FROM: Clerk of the 9oard of Supervisors TO:; County Counsel Attached is a copy of the above-noted claim. pp�H'I gg DATED: July 13 , 1987 BYIL DepuiyLOR, Clerk 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: All 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. A".4 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 1 deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and tice to Claimant, addressed to the claimant as shown above. Dated: AUG'G 5 1987 BY: PHIL BATCHELOR by y Clerk CC: County Counsel County Administrator i' CirAIM 1TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY t Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not: later than one year after the accrual of the cause of 'action.''' (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County -Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O.. Box 911 , Martinez, CA) _ . GO - j, C. If.,claim is against la district versed by ,the Board of Supervisors, rather than the, CoZinty;` �h2.Yta3ne of 'the District should be filled in. D. If •the' claim is. against more than one public entity, separate claims must be filed against each public entity.. E. Fraud.' See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s fili g stamps RECEIVED ) Against the COUN' i_ SOF`CONTRk,,COSTA) JUL 6 ' 1987 or DISTRICT) p (Fill in name) ) . The undersigned claimant hereby makes . claim against the County of Contra Costa or the above-named District in the sum of $ 2$0 , and in support of this claim represents as follows: - -- =---------------------------------------------------------- 1-.--Wh-en---did---the damage or injury occur? (Give exact date and hour) ----------- ------------------ ---=---------------- ere ------------- ----- 2. Whdid the damage or injur QQccur? ( nclude city and county) COr ray' o Tax�c i ( I-1 � Rd � Win, �- +Wo - - - - -- - ---------------------------------------------- j' 3-. --H-ow--d-id-the--d-amage------or--injury occur? (Give full details, use extra sheets if required) Mj Ccr w q5 -+0 L.-,�°k 1-v e C o r neY w hite T -was in Hew% i aid wv, _F C'Ct,re hob ,hR I ha(4 �l Flab � /R, e s card ,yy a'i5fribufo� d of Lva,f d o e --- --- ------=---------------------------------- -- 4 . What----particular------------act-` --or-omission on the part of county or district officers , servants or employees caused the injury or damage? �/P� Towed yn`' (over) 5v Wkat are the names of county or district officers, .servants :.�r_ I • ' employees causing the damage or injury? ----------------------------------------------------- ---------------- 6 . What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) S a a S3 ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Tires t Z (00..0c) Dv,o� i5 5 uror} r(� ------------------------------------------------------------------------- S. t3ames and addresses of witnesses, doctors and hospitals. --------------------------------------------------------- ---------------- 9. res you made on account of this accident or injury: 1+ � .Y E ITEM AMOUNT :� f IreS # 20(0, d Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by, -s_oQmje? person on his behalf. " Name and Address of Attorney Claimant' s Signature Address S L1. 1-ih O Telephone No. Telephone No. ************************************************************************** NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " J 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 AuUus t 4, 10,37 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: $95 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: TERRY STOHR County Counsel 12 Wandel Drive ATTORNEY: Moraga, CA 94556 JUL 15 1987 Date received M ADDRESS: BY DELIVERY TO CLERK ON July'6art ��SS�l. 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. DATED: July 13, 1987 BH I:L BATCHELOR, Clerk 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: BY: 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 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:4 1981% Dated: PHIL BATCHELOR, Clerk, By A�iDeputy 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 5 . 1987 BY: PHIL BATCHELOR by V`GC�C.�aeputy Clerk CC: County Counsel County Administrator cin.IM TO: BOARD OF SUPERVISORS OF CONTRA CO§;L�rXapplicationto: ''. Instructions to ClaimantVerk of the Board . _. Martinez.California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented . ...not later than the 100th day after the accrual of the cause of . gLction. Zlaims 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 o his form. RE: Claim by )Reserve ' stamps XW VED - Against the' COUNTY OF CONTRA COSTA) p JUL 1987 ) or DISTRICT) (Fill in name The undersigned claimant hereby makes claim against a Coin of Contra Costa or the above-named District in the sum -of $_ 4 en and in support of this claim represents as follows: ------------- ---- r-rrrr-r-rrrrr-rrrrr rrrrr rrrrr r--rrrrrrrrrrrrrrrr-- •.,:, ,j:, '�. When did the damage or injury occur? (Give exact date and hour] ' '�'iJ� .oZ-�•�'.'$�: � f rrr '�---W�iere. ald tFie damn a or ing r--r"---rrrrr-r---r---rrr-r---3ury occur? (Include city and county) _ ..Co.sxt"NCoo NJ Zr _ rr-rr-----r--rrr-r-r-rr-r rr--r-rrrr-rrrrr " r rrr rrrrrrrrrr-- 3. How did the damage or injury occur? Give dull �etaiSs, use extra sheets if required) 1�6 L�6pu t i�S 1,oS-r- rv�� 5rtrze �-i- L L c7Tr-4� S _ rrr" �-r r--------------- rr --T-------- •rrrrrr r-------rrrrr-Tr--Trrrrr 4. Whratrr p--articular act or omission on the part of county or district - officers, servants or employees caused the injury or damage? T1�� L� o`r-H �S v Nec—►z -r H� De-pj-r1C_ s ConiTMOL UJ E�ri..c1- • (over) �. What are the names of county or district officers, servants or i employees causing the damage or injury? :,,.... .,: .. ... r ... : 5. .R IF. ` 6. That damage or Injuries do you__claim resulted? ?Gree full extent -of injuries or damages claimed. A tach two estimates for auto ' damage) �l„4� .?5.14�J � r. fi`S 7. Bow was the amount claimed above computed? Include the estimated amount of any prospective injury or damage.) (v 4.4 K+ THE C•-•L OT We 5, 1�_y S£.Z_� R !.J C) K h1.0 UJ _ N N 8. Names and addresses of witnesses, doctors and hospitals. 37,L31., s you made on account of this accident or injury. ITEM AMOUNT :,�s,,.;ru... a:..,..•:,.: ,rase. . .r,.. rt�#R*,•Ii, ttRtk* *R***�t * Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) os by some per--soo�n on his behalf. " Name and 'Address of Attorney cam/ : Clay ants Signature Address Telephone No. Telephone No. (•� 1--5� !*t!!dRltkk**RtRRkk*tk*!t**R**!kR!lfkt!!!tk!lktk*Rktkk**kkRRft*kt***t*ttRk 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. " ...�.,�......: . ._..._.-.:.. .,_.-..,.......,_:::��.w.:.�,�..n»...►rx.uc.iei:.0 .��i.BiuGm,o;�`r�r __:- J..�c ♦• Y CONTRA COSTA COUNTY DETENTION..FACILITY L.JIS1 l CLOTHING RECEIPT DATE 04107/87 . TIME 1548 �1J •-,..y '•; � � ' , NAME (L,F,M)• STOHR TERRY ALDER! BOOKING NBR: .� '87008221) DOB 04/25154 CtBTHING �o-<rrsr ..SHIRT '/ xS�F y} sttr:� PANTS ❑ .COAT SHOES s SHORTS T SHIRT -„ SOCKS a;:� . HAT SWEATER --GLOVES O',;BELT : ❑ TIE OTHER r. .. �. t INTAK ✓ . CLH F INMATE X r SI NATURE) CLOTHING SIGNED: CLOT RACK A NED: RELEASE REL OFC. BATE: RECL LL CLOTHING INMA (SIGNATURE} .; f •� T Y YM 1!5- gJr4F}1/ I. jF ' ... . ,� _' �<t.'�5'— . ' � nnyiYidi.'�IC.ri 'mss._z.dl�W-�".^•uri. t. �{Ae�iw''r"'�.'N'cwwi.:.:x 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 August 4, 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: $750, 000. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ABDUL SAHIB c/o Trederick John James ATTORNEY: Attorney at Law 1916 Broadway, Suite 201 Date received ADDRESS: Oakland, CA 94612-2257 BY DELIVERY TO CLERK ON July 9 , 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. ' /(1 July 13 , 1987 pp IL BATCHELOR, Clerk DATED: epuy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors A This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. 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: jj(,u,Q,yfjf� 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. AUG 4 1981 l/ Dated: PHIL BATCHELOR, Clerk, By �t""� , 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 5 1987 � /�Dated: BY: PHIL BATCHELOR byZ_2�v 4%�$€puty Clerk CC: County Counsel County Administrator r 1 FREDERICK JOHN JAMES RAMVED Attorney at Law 1916 Broadway, Suite 201 �� 1987 Oakland, CA. 94612-2257 Phone: (415) 839-5708 T of Attorney for Claimant ABDUL SAHIB CLAIM AGAINST THE COUNTY OF CONTRA COSTA Government Code Sections 910, 0. TO: Clerk, Board of Supervisors County of Contra Costa 651 Pine Street Martinez, California 94553 Claimant submits the following information in support of his claim for personal injuries: A. NAME AND POST OFFICE ADDRESS OF CLAIMANT ABDUL SAHIB 1663 13th Street Oakland, CA 94607 B. ADDRESS TO WHICH NOTICES ARE TO BE SENT FREDERICK JOHN JAMES Attorney at Law 1916 Broadway, Suite 201 Oakland, CA. 94612-2257 C. DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE OR TRANSACTION WHICH GAVE RISE TO THIS CLAIM Abdul Sahib (Sahib) signed an agreement for work- ing in the Community Service Alternatives Program with the Volunteer Centers of Alameda County, Inc. on March 30, 1987. Sahib made this agreement according to a contract between Volunteer Centers of Alameda County, Inc. and the County of Contra Costa to work off a traffic fine assessed against Sahib by the County of Contra Costa. LAV/OFFICES OF REDERICK JOHN JAMES L..D,NL,AND CokO..EL.,A.LA. CLAIM AGAINST THE COUNTY OF CONTRA COSTA - THE MANIVEST BUILDING 1916 BROADWAT SUITE 201 OAKLAND.CA 94612-2 25 7 44151 8395708 r The Volunteer Centers of Alameda County,. Inc. assigned Sahib to work at the Oakland Zoo. On or about April 4, 1987, Sahib reported for work at the Oakland Zoo. His duties were to clean various animal and bird enclosures at the Zoo. Sahib began cleaning out the camel enclosures at ap- proximately 3 :30 P.M. At approximately 4 :30 P.M. , on April 4, 1987, Sahib and two other workers attempted to leave the camel enclosure, in preparation for leaving their work assignment at the Zoo. Sahib and the two other workers discovered that the camel enclosure had been locked by an employee of the Oakland Zoo. Sahib and the two others then attempted to climb out of the camel enclosure. When Sahib attempted to jumb over a barrier to escape from the camel enclosure, he fell on his left leg, causing severe knee and leg. injuries, including a fracture of a bone in his leg. D. GENERAL DESCRIPTION OF INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE OR LOSS INCURRED SO FAR AS IS PRESENTLY KNOWN. The Volunteer Centers of Alameda County, Inc. is, and was, an independent contractor of the County of Contra Costa. The Oakland Zoo was either an independent contractor of the Volunteer Centers of Alameda County, Inc. or a special employer of the Volunteer Centers of the Alameda County, Inc. The County of Contra Costa is vicariously liable for the tortious conduct of any such independent contrac- tor, if a private person would be liable. Government Code § 815.4. A private person hiring an independent contractor is liable for the physical harm caused by the failure of an independent contractor to avoid the harm created by a "special" or "peculiar" risk. LAW OFFICES OF REDEJOHN JAMES bio.NLY AND o Courvsuo.AT 4w THE MANIVEST BUILDING CLAIM AGAINST THE COUNTY OF CONTRA COSTA - 2 1916 BROADWAY SUITE 201 OAKLAND.CA 94612.2257 14151 a39-5708 r a The employment of persons in animal containment facilities such as the Oakland Zoo creates a special or peculiar risk to others, unless special precautions are taken. The special risk created is the risk of physical injury to others either by animals or by the special enclosures maintained for animals. The County of Contra Costa is liable for the failure of Volunteer Centers of Alameda County, Inc . and the Oakland Zoo to exercise reason- able care to avoid this special risk. Castro v. State (1981) 114 Cal.App.3d 503; 170 Cal.Rptr. 734 . E. NAMES OF PUBLIC EMPLOYEES CAUSING THE INJURY, DAMAGE OR LOSS The independent contractors were Volunteer Cen- ters of Alameda County, Inc. and Oakland Zoo. The names of the employees of the Oakland Zoo who caused the accident are unknown at the present time. F. AMOUNT CLAIMED AS OF THE DATE OF PRESENTATION OF THIS CLAIM $750, 000 in general damages for personal in- juries, medical treatment, present and future pain and suffering, loss of earnings capacity, emotional distress, and loss of enjoyment of life for Claimant Abdul Sahib. SIGNATURE ON BEHALF OF CLAIMANT Dated: July 8, 1987 FREDERICK JOHN JAMES Attorney for Claimant ABDUL SAHIB LAW OFFICES JOHN J REDERICK.10MAMES CLAIM AGAINST THE COUNTY OF CONTRA COSTA - 3 All o.aa.ANo Goena uoa AT L.w THE MANIVEST BUILDING IBIS BROADWAY SUITE 201 OAKLAND. CA 946122237 1415t 6306705 CLAIM BOARD OF SUPERVISORS .OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed-by) ti BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE T'J CLAIMANT - August 4, 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 Y9ur claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: .$1.00, 000 . 00 Section 913 and 915.4. Please note all "W1✓nings". ounty Counsel CLAIMANT: C. PETER RAINEY c/o .Tames R. Kirby II JUL 15 1987 ATTORNEY: Segal be Kirby 660 J Street #390 Date received Martinez, CA 94553 ADDRESS: Sacramento, CA 95814 BY DELIVERY TO CLERK ON July 7 , 1987 BY MAIL POSTMARKED: July 6 , 1987 1. FROM: Clerk of the$pard of Supervisors TO County Counsel Attached is a copy of the above-noted claim. L:��• \�jh�ZCX C� IL BATCHELOR, Clerk DATED: July 13 , 1987 fib: 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: 4 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. BO`AR/D 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. Ailn 4 1981 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 1 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 5, 1987 BY: PHIL BATCHELOR by Z-2 D e Jy>Clerk CC: County Counsel County Administrator D RECEIVE CLAIM OF C. PETER RAINEY V. COUNTY OF CONTRA COSTA TO THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA: YOU ARE HEREBY NOTIFIED that C. PETER RAINEY, whose address is 430 Crestridge Lane, Folsom, California, claims from the COUNTY OF CONTRA COSTA $100, 000.00 for injuries and damages sustained. This claim is based upon injuries and damages sustained as a result of his commitment to, and failure to timely be released from, the Contra Costa County Jail following a civil commitment of ten days imposed on April 14, 1987. Claimant is informed and believes that on or about April 14 , 1987 Judge McGrath of the Superior Court in and for the County of Contra Costa ordered that claimant serve a ten day civil contempt commitment for failure to pay support despite his financial inability to pay. During the course of the proceedings leading up to his civil commitment for contempt, claimant requested, but was denied, the services of a Court appointed public defender. Claimant was advised by a member of the public defender's office that even though he did not have sufficient funds to hire his own attorney, the fact that he owned a home, even though the home maintained no measurable equity, the public defender's office would deny representation on his behalf. The civil commitment commenced on April 14, 1987. - 1 - At the time of booking, claimant was advised that he would be released on April 18, 1987. The calculated date of release, April 18, 1987 , was based upon statutory credits due and owing claimant. On or about Friday, April 17, 1987, claimant was advised by Deputy Ritter of the Contra Costa Sheriff's Department that he would be released at 12 : 30 a.m. on Saturday, April 18, 1987 . At or about 3 :30 a.m. , on the morning of April 18, 1987, claimant was thereafter advised by Deputy Ritter that Sergeant Anderson had informed him that no credits were allowable in civil contempt cases. Claimant was thereafter advised that this information would be confirmed with the Court "first thing Monday morning. " While in custody, claimant was denied access to library materials necessary to perfect a writ of habeas corpus, however, claimant prepared an application for writ of habeas corpus and requested that it be filed as soon as possible on Monday morning, April 20, 1987 . The basis for the writ of habeas corpus was that claimant had improperly been denied the right of counsel and had further been denied the benefit of statutorily granted good time credit. Claimant had been informed by an individual identified as M. Paul that the writ of habeas corpus had, in fact, been filed. Claimant is informed and believes and thereon alleges that said writ of habeas corpus was never filed on his behalf. As a result of the conduct of members of the Contra Costa Public Defender's Office and Contra Costa Sheriff's 2 - Department, claimant was denied the benefit of good time credits and remained in custody five days longer than that allowed by law. Other than the officials set forth above, the claimant does not know the names of the public employees or agents who caused the claimant's injuries. Damages sustained by the claimant to date consist of extreme emotional distress, embarrassment and damage to reputation, all stemming from the fact that claimant was consistently denied the benefit of counsel and further denied the opportunity to ascertain his release date causing claimant to remain in custody five days longer than that which is permitted by law. All notices and communications with regard to this claim should be sent to James R. Kirby II, Segal & Kirby, 660 J Street, Suite 390, acramento, California, 95814 . SEGAL & KIRBY BY // R. KIRBY I ' rPPCtt0ETER rney for Claimant RAINEY 3 - 1 PROOF OF SERVICE BY MAIL 2 I am employed in the County of Sacramento, State of 3 California; I am over the age of eighteen years and not a party to 4 the within action; my business address is 660 J Street, Suite 390, 5 Sacramento, California, 95814 . 6 On July (e—, 1987, I served the within CLAIM OF C. 7 PETER RAINEY on the parties in said action by placing a true copy 8 thereof enclosed in a sealed envelope, with postage thereon fully 9 prepaid, in the United States mail at Sacramento, California, 10 addressed as follows: 11 Board of Supervisors, County of Contra Costa, 651 Pine 12 Street, Martinez, CA 94553 . 13 I declare under penalty of perjury that the foregoing is 14 true and correct. 15 Executed on this L±Wday of July, 1987, at Sacramento, 16 California. 17 18 TONI E. WHE 19 20 21 22 23 24 25 26 27 28 SEGAL 8 KIRBY Attorneys at Law 660 J St.-Ste 390 Sacramento,CA 95814 (916)441-0828 f I 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 Auger, . 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: $21, 000,000. 00 Section 913 and 915.4. Please note a11Cftff"PgC0unSe1 CLAIMANT: SCOTT HAYNES ET AL c/o .john Houston Scott JUL 15 1981 ATTORNEY: Attorney at Law Martinez 433 Turk. Street Date received CA 94553 ADDRESS: Sari Francisco, CA 94102 BY DELIVERY TO CLERK ON July 90 1987 hand del . BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the,Ooard of Supervisors TO:- County Counsel Attached is a copy of the above-noted claim. gg DATED: July 9, 1987 pp Bd11 DeputylOR. Clerk 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: /�p�,Gy � � 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 XThis 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 4' 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 I8; 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 5 1987 BY: PHIL BATCHELOR by (�C� �Deputy Clerk CC: County Counsel County Administrator . i LAW OFFICES OF JOHN HOUSTON SCOTT 433 Turk Street, San 'Francisco, CA 94102 (415) 775-3900 ��IVED July 8 , 1987 I`��'Ju` 9 1987 s► s y Clerk of the Board of Supervisors Contra Costa County 651 Pine Street , Room 106 Martinez , California 94553 Re: Claim Pursuant to Government Code Section 910 Dear Sir or Madam: The following claim is being submitted pursuant to Government Code Section 910 on behalf of Scott Haynes, Maxine Haynes and the Estate of Kenneth Haynes . A. Name and Address of Claimants : Scott & Maxine Haynes 5929 Rose Arbor Avenue San Pablo, California B. Persons Presenting the Claim: Bruce E. Krell Attorney at Law 345 Grove Street San Francisco, California John Houston Scott Attorney at Law 433 Turk Street San Francisco, California C . Date, Place and Circumstances of the Occurrence : This claim arises out of the shooting death of Kenneth Haynes that occurred on April 2 , 1987 at 5929 Rose Arbor Avenue, San Pablo, California. The claim refers to a coroner 's inquest , Coroner 's Case No. CR 87-345 that was, held on April 29 , 1987 at the Martinez City Counsel Chambers . The circumstances of the occurrence can be summarized as follows : Clerk/Board of Supervisors July 8 , 1987 Page 2 Mrs . Haynes contacted the Sheriff 's Department because of a disturbance created by their son , Kenneth Haynes . Two deputies from the Sheriff ' s Department arrived at the scene and were unable to calm the decedent . They then contacted the Richmond Police Department and requested a unit respond to the scene with a Taser . Officers from the Richmond Police Department , San Pablo Police Department and the California Highway Patrol responded to the scene . The officers were unsuccessful in subduing the decedent with a Taser and thereafter the decedent was shot in the back and killed without justification. Following the shooting Mr. and Mrs . Haynes were falsely arrested and imprisoned in their garage for approximately 12 hours while law enforcement officers ransacked their home. D . General Description of Indebtedness, Obligation, Injury, Damage or Loss : The injury, damage or loss incurred include the death of the claimant ' s son, Kenneth Haynes , resultant funeral and burial expenses , and loss of support , society , comfort and affection. In addition, the claimants suffered deprivation of their liberty and emotional distress as a result of being falsely arrested and imprisoned following the shooting incident and the subsequent damage to their home. E. The Name or Names of Public Employer or Employees Causing the Injury: The claimants have information and believe that Sheriff ' s Deputies Gray and Teeter initially responded to the scene. At this time the claimants are not aware of the name or identity of the other county employees who were responsible for the injuries and damages referred to above. Clerk/Board of Supervisors July 8 , 1987 Page 3 F. The Amount Claimed as of Date of Presentation of the Claim: The claimants are claiming $20 , 000 , 000 as a result of the death of their son. The basis of the computation of this amount was calculated by evaluating the loss of support , comfort and society suffered and to be suffered by the claimants as well as the reckless and callous conduct of the law enforcement officers involved in the incident . In addition, the claimants are claiming $1 , 000 , 000 each as a result of being falsely arrested, falsely imprisoned and aving their home ransacked. Dated: July 8 , 1987 JOH HOUSTO SCOTTk 0 ;AMENDED /. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT _ i August 4, 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: - $21-,'000,'000_. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: SCOTT C. HAYNES, ET AL County Counsel c/o John Houston Scott JUL 15 1987 ATTORNEY: 433 Turk Street San Francisco, CA 94102 Date receivedMdge�z, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON July 6, BY MAIL POSTMARKED: July 3 , 1987 I. FROM: Clerk of the Board of Supervisors TO::--County Counsel Attached is a copy of the above-noted claim. ppHH` g DATED: July 13, 1987 BYIL Deputy OR, Clerk L. Hall II. FROM: Coo try Counsel TO: Clerk of the Board of Supervisors (� Thi A aT im complies sJbstantially 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: f 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: AUG 4 1987 PHIL BATCHELOR, Clerk, By Z C 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 5 1987 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator a LAW OFFICES OF JOHN HOUSTON SCOTT 433 Turk Street, San Francisco, CA 94102 (415) 775-3900 RECEIVED JULk7 1987 July 3 , 1987 T b i Mary Ann McNett Deputy County Counsel County , of Contra Costa 651 Pine Street Post Office Box 69 Martinez , California 94553 Re : Claims of Scott C. Haynes, Maxine J. Haynes and Mr. & Mrs . Scott C. Haynes Supplemental Information re Claims Dear Ms . McNett : Please find enclosed copies of claims that were served on the County on May 22 , 1987 and May 27 , 1987 . Please also find enclosed notices of insufficiency which you subsequently have served on the Claimants. With respect to your notice, please be advised as follows : 1 . As clearly set forth in the claims, the incident occurred on the evening of April 2 , 1987 at and near the claimant 's residence at 5929 Rose Arbor Avenue, San Pablo, California. 2 . The claimants do not know at this time the names of all county employees or agents who were present at the scene and/or involved in the incident, however, the transcript of the coroner ' s inquest indicates that Deputy Fred Gray initially responded to the scene on the night in question along with Deputy Teeter as his cover . The Sheriff 's Department has been unwilling to provide the claimants with copies of police reports which would provide additional information. However, that information is known to your client and within your client 's exclusive custody and control at this time. a a. r i r Mary .Ann McNett July 3, 1987 Page 2 3 . The amount claimed as of the date of presentation ` of the wrongful death claim by .Mr. and Mrs . Scott Haynes is clearly stated in the claim $20 ,000,000. The basis of the computation of this amount was calculated by evaluating the loss of support , comfort and society suffered and to be suffered by the decedent ' s parents and the reckless and callous conduct of the law enforcement officers involved. 4 . The claim of Scott C. Haynes and Maxine G . Haynes filed May 27 , 1987 clearly set forth an amount claimed of $1 ,000, 000 for each claimant . Contra Costa County was responsible for said claimant 's injuries because Sheriff ' s Deputies initially responded to the scene and either directed or participated in the false arrest , false imprisonment and ransacking of Plaintiff 's home. When agents and representatives. of Contra Costa County and the Contra Costa County Sheriff 's Department provide the Claimants with additional information, e.g. , police reports in their possession, the Claimants will be in a position to provide more detailed and specific information. The information requested is better known to Contra Costa County and other law enforcement agencies who participated in the incident . Said information is available through Contra Costa County but is not available to the Claimants at this time. i cerel ohn Houston Scott JHS/dm Enclosure cc: Board of Supervisors, Contra Costa County Bruce Krell ` AMENDED CLAIM BOARD OF SUPERVISbRS 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 4, .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 21, 000, 00 (Paragraph IV below), given pursuant to Government Code Amount: SCOTT C . HAYNES ET AL Section 913 and 915.4. Please note ati�U spin " c/o John Houston Scott b y &bnsei CLAIMANT: 433 Turk Street San Francisco, CA 94102 JUL 151987 ATTORNEY: Date received Martinez, CA94553 ADDRESS: BY DELIVERY TO CLERK ON July 7 , 1987 BY MAIL POSTMARKED: July 3o 1987 1. FROM: Clerk of the Soard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH gg DATED: July 13 , 1987 BY!L DeputyLOR, Clerk L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors yNQE,D Thi 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: 4e&4 ��a 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. AUG 4 1981 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 5: 1981 BY: PHIL BATCHELOR by Zy Deputy Clerk CC: County Counsel County Administrator LAW, OFFICES OF JOHN HOUSTON SCOTT 433 Turk Street, San Francisco, CA 94102• (415) 775-3900 County Counsel ' JUL U fi 1987 July 3 , 1987 CI��Y Martinez, CAg4553 Mary Ann McNett Deputy County Counsel ent County of Contra Costa 651 Pine Street Post Office Box 69 Martinez , California 94553 Re : Claims of Scott C. Haynes , Maxine J. Haynes and Mr . & Mrs . Scott C. Haynes Supplemental Information re Claims Dear Ms . McNett : Please find enclosed copies of claims that were served on the County on May 22 , 1987 and May 27 , 1987 . Please also find enclosed notices of insufficiency which you subsequently have served on the Claimants . With respect to your notice, please be advised as follows : 1 . As clearly set forth in the claims, the incident occurred on the evening of April 2 , 1987 at and near the claimant ' s residence at 5929 Rose Arbor Avenue, San Pablo, California. 2 . The claimants do not know at this time the names of all county employees or agents who were present at the scene and/or involved in the incident , however, the transcript of the coroner ' s inquest indicates that Deputy Fred Gray initially responded to the scene on the night in question along with Deputy Teeter as his cover . The Sheriff 's Department has been unwilling to provide the claimants with copies of police reports which would provide additional information. However, that information is known to your client and within your client ' s exclusive custody and control at this time . Mary Ann McNett July 3 , 1987 Page 2 3 . The amount claimed as of the date of presentation of the wrongful death claim by Mr. and Mrs . Scott Haynes is clearly stated in the claim- $20 , 000,000 . The basis of the computation of this amount was calculated by evaluating the loss of support , comfort and society suffered and to be suffered by the decedent ' s parents and the reckless and callous conduct of the law enforcement officers involved. 4 . The claim of Scott C . Haynes and Maxine G . Haynes filed May 27 , 1987 clearly set forth an amount claimed of $1 , 000 , 000 for each claimant . Contra Costa County was responsible for said claimant ' s injuries because Sheriff ' s Deputies initially responded to the scene and either directed or participated in the false arrest , false imprisonment and ransacking of Plaintiff ' s home . When agents and representatives of Contra Costa County and the Contra Costa County Sheriff ' s Department provide the Claimants with additional information, e.g. , police reports in their possession, the Claimants will be in a position to provide more detailed and specific information . The information requested is better known to Contra Costa County and other law enforcement agencies who participated in the incident . Said information is available through Contra Costa County but is not available to the Claimants at this time. i cerel ohn Houston Scott JHS/dm Enclosure cc : Board of Supervisors , Contra Costa County Bruce Krell Instructions to ciaimant Return ornginsi avvii6ao • �� Berk of the board 651 Pine 5t., Room 1D6 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 not later than the 100th day after the accrual of the cause of action, - -Claims relating to any other cause of action must be presented not later than one year after the accrual of the -cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the 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 oT this form. ttttsttsrart+t*ttttt**s:tttttttttttttttttttttttttttttttttttttttttrtttttt RE: Claim by ) Resery for Qsskl - g stamps Mr. & Mrs . Scott C Haynes, �tEC IVE 5929 Rose Arbor Ave. San Pablo , CI'MAY 'gaT Against the COUNTY OF CONTRA COSTA) ) or DISTRICT) F1 in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 20 .000 , 000 .00 and in support of this claim represents as follows: �'fien did the damage or Injury occur? iGive exact data ani hour] Night of April 2,. 1987 , at approximately 8 : 30Pm wr-------- �: W�iere 3id-t�ie damage or in3ury occur? (IncSude city end county] Livingroom of 5929 Rose Arbor Ave . , San Pablo , CA 3. 13ow did the damage or injury occur? (Give IuII �atails, use extra sheets if required) EIements of Contra Costa Country Sheriffs Dept . along with Richmond , San Pablo and CHP Police Officer , in lieu of being able to subdue our son , Kenneth , chose to kill him . Gress negligence in use of TASER GUN, negligence in maintenance of TASER GUN. A . {That p articular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Poor judgment , a total and callous disregard for human life , insufficient training Ain at1empting to subdue an individual Gross negligence in use of TASER GUN, gross negligence in maintenance of TASER GUN , Gross negligence in training personnel in use of TASER GUN. . (over) *What are the names county or district offie -s, servants or' .employees causinc damage or injury? Does 1 -100 ! See Inquest 6. What damage-oi injuries do you claim resulted? ZG�ve full extent of injuries or damages claimed. Attach two estimates for auto damage) Loss of our only son , Kenneth Scott Haynes --------------------------------------------------------------------- -- 7, eow was the amount claimed above computed? (Include the estimate amount of any prospective injury or damage. ) -------------------------------------------------- ------------- - B. Names and addresses of witnesses, doctors and hospitals. See details of inquest , 29 April 1987 S a� CAS t- yo 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT R444tQlRRttttt*t*tttt*tRtt*tt*tRtttt*t#t4ttt44#i#Rti44*ttl4!#tit#Q4lRR*ttt Govt: Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: 7 ) MS TNTC or by some person on his behalf. " Name and Address of ffifflifX MDS INK M. Douglas Swan Cla3.mant s Sig ature 1560 Pine St . Suite 5 5 h � Ga 0- - i Concord CA 94520 A d=, �Ct. A 0 Telephone No. 686-gen1 Telephone No.NN�o�y.�+ ##ittlttlittt#*i***ttttt!*itt*4R*4!ltQR*!4*tt�Q#ii#t#t*14�•l��/Tri***tRtRt*tt ��(�o✓�LrL , �. Y , 4 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. " CLA.IN TO: BOAR" OF SUPERVISORS OF CONTRA COSTA COUNTY instructions to Claiman Return original APPlication tc Clerk of the Board 651 Pine St.. Roan 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 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 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 LKiis form. t**•ae+aetafRirafr••aa*a:eti**i*tatst�tt*a+�t��a�*tt*trtt�ar*tt**�is�*�*tt RE: Claim by )Reserved for Clerk's filing stamps Scott C. Haynes ) µ � A ,SZ) i RECEIVED 5g99 Rnca Arhnr Ava _ Can PAhln rA ) Against the COUNTY OF CONTRA COSTA) fo m Ay 987 ) or DISTRICT) AM oft (Fillin name ) L-ta e . - r The undersigned claimant hereby makes claim against lt�i�0CgGuon%of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: I.- Wien iia the damage oz �n3ury occur? ZGive exact date and �iourf April 2 , 1987, Approx . 9 : 00 PM W�iere iia tFie damage or �n3ury occur? Include city and county] 5929 Rose Arbor Ave . San Pablo CA 94806 3. How did the damage or 1n3ury occur? Give Tull details, use ra ext sheets if required) I was falsely arrested and falsely imprisoned in my garage for approximately 12 hours , while police ransacked my house 4. What particular act or omisslon on the part o� county or distzlct officers , servants or employees caused the injury or damage? False arrest , false imprisonment , intentional and negligent infliction of emotional stress (over) e the names %. _ county or district offic. ., servants or' ' ees causing the damage or injury? See Police Report 87-8040 Fiat d"ams"ge-o=-injuries so you claim resuSte�� ZGIve �uII extent of injpries or damages claimed. Attach two estimates for auto damage) " Emotional Stress --------------- _----�__r-- --- 7. How was the amount claimed above computed? (Include the estimates amount of any prospective injury or damage. ) --------------- ----- ------------- - B. Names and add=esses of witnesses, doctors and hospitals. See Police Report 87-8040 T-------- ------------------ --*--••--'r -----_- _.,..--_ IS. List the expenditures you made on account o this acc2sent or �nlury: DATE ITEM AMOUNT t#ttttt!#tttt!*##t###t!#tt#ttttttttt#tttt##t*t!t##t!t#ttttt*t#ttt;tt;ttttt Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address ofK�� MI 11 MDS INK/M. Douglas Swan Cla ant s Signature 1560 Pine Street Suite 5 5929 Rost Prbor Ave . Concord CA 94520 Address San Pablo ,,. CA 94806 Telephone No. 686-9201 Telephone No. n/a !tt#tttt;ttt#ttt*t#;ttlt#*##tt;t*tt#tt#t•!!*ttt#t#tttt##t*#t##t*!#tt*t##** NOTICE Section 72 of the Penal Code provides: QEvery person who, ,with intent to defraud, presents for allowance or for payment to any state board or officer, * or to any county, town* city districtv 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." CLAI!' TO: BOAFn OF SUPERVISORS OF CONTRA COSTA COUNTY . Instructions to Claiman' Return original apPlication t: Clerk of the Board i51 pine 5t.0 Room 1D6 Martinez, CA 94553 A. Claims relating to causes of action for death az for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action* % Claims relating to any other cause of action must be presented not later than one year after the accrual of the -cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claimse Penal Code Sec. 72 at end o�this form. tt}}}!liif!}i}i}fiiii}iifitii}liii}it!}iil4iii!}iii!}!!!i!}i!f!!!i!!!!!! RE: Claim by )Reserve '_ stamps Maxine G. Haynes ) RECEIVED ) 5U9U Rnta Arhnr Ava _ San PRhln CA Against the COUNTY OF CONTRA COSTA) fi/�MAYo2r1987 ) T O# or DISTRICT) T (Fill in name ) The undersigned claimant hereby makes claim against lt�►�OCB� ltx►Oof Contra Costa or the above-named District in the sum of $ and in support of ,this claim represents as follows: I. 1�ifien did the damage or �n3ury occur? ZGive exact date and �iouzj April 2 , 1987 , Approx. 9 :00 PM itFi"ere did-tFie-damage or �n3uzy occur? �Znc�ude city and county 5929 Rose Arbor Ave. San Pablo CA 94806 3. How did the damage or in3u=y occur? (Give �uII details, use extra sheets if required) I was falsely arrested and falsely imprisoned in my garage for approximately 12 hours, while police ransacked my house e: what particular act or om1ssIon on the part o county or district officers, servants or employees caused the injury or damage? False arrest , false imprisonment , intentional and negligent infliction of emotional stress (over) '*e the names c -ounty or district office servants or' ,gees Causing the damage or injury? See Pol ice Report 87-8040 /�H�iat damage oz injuries do you clam zesuIte3? ZGive �uII extent of injµries or damages claimed. Attach two estimates for auto damage) Emotional Stress ---------------------• ------------------------------------------s--•- -••- ?. How was the amount claimed above computed? (Include the estunate3 amount of any prospective injury or damage. ) ------------------------------------------------------ --- -------------- B. Names and addresses of witnesses, doctors and hosp tale. See Police Report 87-8040 , �. List tie expenditures you made on account of this acca$ent or injury: DATE ITEM AMOUNT *tttttttttttttttttttttt:tttttttttttttttttttttitt*:ttttttttttttttttttttttt•t Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address ofKHMM, MDS INK/M. Douglas Swan C a ant s Siqnature 1560 Pine Street Suite 5 5929 Rose trbor Ave . Concord CA 94520 Address San Pablo , CA 94806 Telephone No. 686-9201 Telephone No. n/a :ttttttttttttttttttttttt:tttttttttttttttttttttttttt*ttttttttttttttttttttt• 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. " NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Mr. & Mrs . Scott C. Haynes C/o M. Douglas Swan 1560 Pine St. #5 Concord CA 94520 Re: Claim Of MR & MRS SCOTT C__ RAYNRS Please rake Notice as follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 . 2 , or is otherwise Lnsufficent for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimaint. 2 . The claim fails to state the post office address to .which the person presenting the claim desires notices to be sent . 3 . The claim fails to state the date, place or other circum- stances of the occurrence or transaction which gave rise to the claim asserted. x 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. x 5 . The claim fails to. state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage, or loss so far as known, or the basis of computation of the amount claimed. 6. The claim is not signed by the claimant or by some person on his behalf. x 7 . Other: Basis of computation of the amount claimed is not stated. VICTOR J. WESTMAN, County Counsel By: qepiuy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. 5§1012 , 1013a, 2015. 5; Evid.C. §5641, 664) My business address is the County Counsel's Office of Contra Costa County, Co.Admin.Bldg. , P.O. Box 69, Martinez, California 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true cony of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing it in an envelope (s), addressed as shown above (which is/are place (s) having delivery service by U.S. !Mail) , which envelope (s) was then seal?d and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. NOTICE -OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Maxine G. Haynes c/o MDS INK/M Douglas Swan 1560 Pine St. #5 Concord CA 94520 Re : Claim of MAXTNF G;_ HAYNES Please 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 insufficent for the reasons checked below: 1 . The claim fails to state the name .and post office address of the claimaint. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. X 3 . The claim fails to state the date, place or other circum- stances of the occurrence or transaction which crave rise to the claim asserted. (See below) x 4 . The claim fails to state the name (s) of the public employees) causing the injury, damage, or loss, if known. x 5 . The claim fails to. state the amount claimed as of the date of present.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: The claim fails to allege how Contra Costa County is responsible for claimant ' s injury. The claim fails to include the police report referred to in the claim. VICDOR J. WEMIAN, County Counsel By: IZf -. Deput County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. 551012 , 1013a, 2015. 5; Evid.C. 5§641 , 664) My business address is the County Counsel ' s Office of Contra Costa County, Co.Admin. Bldg. , .P.O. Box 69, Martinez, California 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true cony of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing it in an envelope (s) addressed as shown above (which is/are place (s) having delivery service by U.S. ! ail) , which envelope (s) was then seal?d and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. T C`r"f i f.. •q NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO : Scott C. Haynes c/o MDS INK/M Douglas Swan 1560 Pine St. #5 Concord CA 94520 Re : Claim of SCOTT C. HAYNES Please `Fake Notice :).s follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 . 2, or is otherwise insufficent for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimaint. 2 . The claim fails to state the post office address to •.which the person presenting the claim desires notices to be sent . X 3. The claim fails to state the date, place or other circum- stances of the occurrence or transaction which gave rise to the claim asserted. (See below) X 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. X 5 . The claim fails to. state the amount claimed as of the date of present.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 : The claim fails to allege how Contra Costa County is responsible for claimant ' s injury. The claim fails to incl ud2 the Dol i�c`P TPi ort rpfarrarl to in tha rl a i m VICIbR J. 11EMIAN, County Counsel By: DepuV County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. 5§1012, 1013a, 2015. 5; Evid.C. §§641, 664) My business address is the County Counsel's Office of Contra Costa . County, Co.Admin. Bldg. , P.O. Box 69, Martinez, California 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true cony of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing it in an envelope (sj addressed as shown above (which is/are place (s) having delivery service by U.S. Mail) , which. envelope (s) was then seal?d and postage fully prepaid thereon, and thereafter was, on this day dep-;::ited in the U.S. Mail at Martinez/Concord, Contra Ccsta Cnunty , r.-iliforni.a . CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed.by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) •S;OTICE TO CLAIMANT August 4, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. I the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $21 , 000, 000.•00 Section 913 and 915.4. Please note run�r�9gs" " all SCOTT HAYNES ET AL- y Counsel CLAIMANT: c/o John Houston Scott 433 Turk Street JUL 15 1987 ATTORNEY: San Francisco, CA 94102 Martinez Date received , CA 94553 ADDRESS: BY DELIVERY TO CLERK ON July 9 , 1987 BY BY MAIL POSTMARKED: not legible Certified P 242 002 887 I. FROM: Clerk of the$pard of Supervisors TO: ',County Counsel Attached is a copy of the above-noted claim. ��IL gATCHELOR, Clerk DATED: July 13 , 1987 : Deputy �� L.' Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (}Q This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 9I0 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: V BY: gaw _ 144 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. C�/ Dated: AUG 4 1987 PHIL BATCHELOR, Clerk, By /Y , 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 5, 1987 BY: PHIL BATCHELOR by uty Clerk CC: County Counsel County Administrator LAW OFFICES OF JOHN HOUSTON, SCOTT 433 Turk Street, San Francisco, CA 94102 (415) 775-3900 . %0jPWI D July 8 , 1987 JUL 9 1987 Clerk of the Board of Supervisors Contra Costa County 651 Pine Street , Room 106 Martinez , California 94553 Re: Claim Pursuant to Government Code Section 910 Dear Sir or Madam: The following claim is being submitted pursuant to Government Code Section 910 on behalf of Scott Haynes , Maxine Haynes and the Estate of Kenneth Haynes . A. Name and Address of Claimants : Scott & Maxine Haynes 5929 Rose Arbor Avenue San Pablo , California B . Persons Presenting the Claim: Bruce E. Krell Attorney at Law 345 Grove Street San Francisco, California John Houston Scott Attorney at Law 433 Turk Street San Francisco, California C . Date, Place and Circumstances of the Occurrence: This claim arises out of the shooting death of Kenneth Haynes that occurred on April 2 , 1987 at 5929 Rose Arbor Avenue, San Pablo, California. The claim refers to a coroner ' s inquest , Coroner 's Case No. CR 87-345 that was held on April 29 , 1987 at the Martinez City Counsel Chambers . The circumstances of the occurrence can be summarized as follows : 1r. a r - a Clerk/Board of Supervisors July 8 , 1987 Page 2 Mrs . Haynes contacted the Sheriff 's Department because of a disturbance created by their son , Kenneth Haynes . Two deputies from the Sheriff ' s Department arrived at the scene and were unable to calm the decedent . They then contacted the Richmond Police Department and requested a unit respond to the scene with a Taser . Officers from the Richmond Police Department , San Pablo Police Department and the California Highway Patrol responded to the scene . The officers were unsuccessful in subduing the decedent with a Taser and thereafter the decedent was shot in the back and killed without justification. Following the shooting Mr . and Mrs. Haynes were falsely arrested and imprisoned in their garage for approximately 12 hours while law enforcement officers ransacked their home. D. General Description of Indebtedness , Obligation, Injury, Damage or Loss : The injury, damage or loss incurred include the death of the claimant ' s son, Kenneth Haynes, resultant funeral and burial expenses , and loss of support , society , comfort and affection. In addition, the claimants suffered deprivation of their liberty and emotional distress as a result of being falsely arrested and imprisoned following the shooting incident and the subsequent damage to their home . E . The Name or Names of Public Employer or Employees Causing the Injury: The claimants have information and believe that Sheriff ' s Deputies Gray and Teeter initially responded to the scene. At this time the claimants are not aware of the name or identity of the other county employees who were responsible for the injuries and damages referred to above. Clerk/Board of Supervisors July 8 , 1987 Page 3 F . The Amount Claimed as of Date of Presentation of the Claim: The claimants are claiming $20, 000 ,000 as a result of the death of their son. The basis of the computation of this amount was calculated by evaluating the loss of support , comfort and society suffered and to be suffered by the claimants as well as the reckless and callous conduct of the law enforcement officers involved in the incident . In addition, the claimants are claiming $1 , 000 , 000 each as a result of being falsely arrested, falbely imprisoned and having their home ransacked. Dated: July 8 , 1987 106 L JOHY HOUSTON SCOTT :d ►'. CLAIM w • 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 Aug , ,7,9 8 7 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: CITY OF ORINDA Section 913 and 915.4. Please note all "Warnings". c/o Ericksen, Arbuthnot, Paynter & Brown, Inc. County Counsel CLAIMANT: 1304 Willow Street Martinez, CA 94553 JUL U 8 1987 ATTORNEY: Date received July 2 , 1Martinez, CA 94553 J ADDRESS: BY DELIVERY TO CLERK ON y 987 BY MAIL POSTMARKED: July 1 , 1987 Certified P 582 576 364 1. FROM: Clerk of the Board of Supervisors TO-. Sounty Counsel Attached is a copy of the above-noted claim. - DATED: July 6, 1987 BHHI:L BATCHELOR, Clerk eputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies Substantially with Sections 910 and 910.2. (}Q 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: iJQ.G[ _ �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: AUG 4 1987. Deputy Clerk PHIL BATCHELOR, Clerk, By � !"yGC�C�C.r/ , 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.5 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator r. 2610v RECEIVED Re : Weaver v. Booth, et al. JUL X1987 r CLAIM AGAINST THE COUNTY OF CONTRA COSTALIk TO: COUNTY OF CONTRA COSTA, BOARD OF SUPERVISORS 651 Pine Street, Room 106, Martinez, California 94553 Claimant, City of Orinda, hereby makes claim against the County of Contra Costa for an as-yet unascertained amount, but for the sum of at least $25, 000. 00, 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, CA 94563. 2. Notices concerning the claim should be sent to ERICKSEN, ARBUTHNOT, PAYNTER & BROWN, Inc. , 1304 Willow Street, Martinez, CA 94553. 3. The date and place of occurrence giving rise to this claim is 31 Highland Court, City of Orinda, County of Contra Costa, California, on or before February 19, 1986. 4. The circumstances giving rise to this claim are as follows : At the above time and place, Gary and Gail Weaver claim that land supporting their residence at 31 Highland Court, Orinda, California, began to slide resulting in structural damage to the residence. 5. Claimant' s injuries are as follows : Claimant was served with a complaint entitled Gary Weaver and Gail Weaver v. R.W. Booth Construction Company, et al. , Case No. 289121, on or about May 5, 1987, seeking general special damages, diminuation in value of their property, interest, attorney' s fees and costs, and other and further relief as appropriate as a result of damages they allegedly sustained when land supporting their residence began to slide on or before February 19, 1986. Claimant has been named as a defendant in the above-referenced lawsuit, and is thereby being forced to incur expenses, including attorney' s fees and costs, in defense of the claim and may be required to pay additional sums in settlement of or pursuant to a judgment to be entered in the above-referenced matter. 6. The names of the public employees causing the claimant' s injuries are unknown. 7. My claim as of this date is in an unascertainable amount, but is at least $25, 000. 00. 8. The basis of computation of the above amount is plaintiffs' complaint wherein plaintiffs pray for judgment against claimant for general and special damages according to proof, for diminuation in value of property, for interest, for attorney' s fees and costs, and for an order directing . defendants to abate a nuisance. DATED: June 29, 1987 ERICKSEN, ARBUTHNOT, PAYNTER, & BROWN, Inc. By: REBECCA A. PAGE -2- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Aiigu s t 4, 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: $3, 000. 00 Section 913 and 915.4. Please note all "Wadabpq'ly Counsel CLAIMANT: . MURRAY MURICEY EDWARDS JULU 2352 21st Street Cpl $ 1987 ATTORNEY: San Pablo, CA 94806 Martinez, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON July 1 , 1987 transmittal BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the$pard of Supervisors TO: ,°^County Counsel Attached is a copy of the above-noted claim. pH" DATED: July 6, 1987 BYIL BeputyLOR, Clerk 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: Z 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. n / /� Dated: AUG 4 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. AUG 5 1967 Dated: BY: PHIL BATCHELOR by puty. Clerk CC: County Counsel County Administrator CLAIM tch BOARD OF SUPERVISORS OF CONTRA COk;:f8r 'app!;cation to• Instructions to ClaimantC!erk of the Board .O.PDX 911 Martinez.Califomla 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of . ,action. . 'Claims relating to any other cause of action must be . ,-presented not later than one year after the accrual of the cause ,,. .of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors . at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the Distript 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 ol this form. #tt*###t#tt#ttt*#*##***#t##**tt*#*#*tt**t*tot#t#**t#t*t44*t*#***##t***t* - RE: Claim by )Resery k's 'filing stamps .. Against the COUNTY OF CONTRA COSTA) JUL / 1987 ) on or C�.�iT% �JCG�'>--"_' c,_r. 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:' -------------...........+--------------- --------=----------- -- ---- ` 17When did the dmage or injury occur? (Give exact date and hour] . "�. rq ere aid tFie damage or 1n3ury occur? (Include city and county) AF 3. How did the damale or injury occur? Give Lull etails, use extra c- sheets if required) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) ��.�-� Com.' �,,�� lam`*��;C..(� .�•r•G ./,!- -c� - . __ . . _.- 5. WhatI*are the l+name a of county or district officers, servants or employees causing the damage or injury? 6. What damage or fn3uries as you claim resulted? ZG;ve full extent df injuries or damages claimed. - Attach two estimates for auto damage) -- a----�- =-- --- ----- 7. How was the amoufit claimed above computed? - lInclude the estimated . amount of any prospective injury or damage.) _ . add ' is ` • - .• �� N B. Names and addresses of witnesses, doctors and hospitals. eexpd �., ------------ e �Au � ou made an account of this accident or injury: D E a :? i. ITEM AMOUNT ttfttt**i1•#*#tt�*RRiR'**•*i#t*t�*k*4*RRRt*RRt#####tR*RttRtR*!#t*#*R#ttR#ttR*t#R • Govt. Code Sec. 910.2 provides: The claim signed by the claimant SEND NOTICES TO: (Attorney) 4, ,L.ZeL i or by some person on his behalf. " Name and -Address of Attorney laimant'�V' Signature � Address ° • � Telephone No. Telephone No. J-_� 7 i_z•T tttt#RR#tRt#tRRRRRRRRRtR##Rttt4#t#RtRRRtf*Rtttt*ttttRtRRlRtRRtRtttR#t##Rt* 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. " :.. ... i.rs�*..:..' • ,;.. ,:,:_ .wc::i._.nor: :la.�,:��.:6....F..�mm�teir'dde+.s�f.-- - ,...0 . .. .... .._. •._....,.. .....tee:. , ...w.. �s 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 August ' 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 •Wprni s". CLAIMANT: STACY SESSLER l�ty C��se� c/o Domenic J. Cannizzaro, A Professional Corporation AUL 151987 . ATTORNEY: 785 Market Street, Suite 630 San Francisco, CA 94103 Date received Martinez' CA 9455 ADDRESS: BY DELIVERY TO CLERK ON July 10, 1987 3 BY MAIL POSTMARKED: July 9 , 1987 Certified P 480 853 285 I. FROM: Clerk of the,Poard of Supervisors TO: - County Counsel Attached is a copy of the above-noted claim. DATED: July 13 , 1987 SVIL BATCHELOR, Clerk 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. AUG 4 1981 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 5 1987 BY: PHIL BATCHELOR by. eputy Clerk CC: County Counsel County Administrator RECEIVED CLAIM AGAINST THE COUNTY OF CONTRA COSTA JUL IQ 1987 TO: THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA 1. Claimant's Name: STACY SESSLER Claimant's Address: 46 Buenan Vista Ave. , Mill Valley, CA, 94941 Claimant's Telephone Number: (415) 381-4831 2. Post Office Address to which notices are to be sent: DOMENIC J. CANNIZZARO, A PROFESSIONAL CORPORATION 785 Market Street, Suite 630 San Francisco, CA, 94103 (415) 397-1779 3. Circumstances of occurrence or transaction giving rise to claim: Date of Occurrence: April 28, 1987. Automobile accident caused by negligent and defective design, construction, operation, maintenance, management, and use of a public highway, and areas immediately adjacent thereto. 4. General description of indebtedness, obligation, injury, damage or loss incurred so far as is now known: Claimant suffered severe personal injuries, medical expenses, past and present income loss, loss of income earning capacity, severe emotional distress, permanent disability, and general damages. 5. Name or names of public employee or employees causing injury or damage if known: Unknown. 6. Amount claimed now: $ 500,000.00 Estimated amount of future loss, if known $ Unknown TOTAL Unknown 7. Basis of above computation: Computation based upon the nature and extent of the claimants injuries, and damages including but not limited to severe personal injuries, medical expenses, past and present income loss, loss of income earning capacity, severe emotional distress, permanent disability, general damages, and the certainty of substantial medical expenses in the future. Dated: July 7, 1987. Signed by or on behalf of Claimant: DOMENIC J. CANNIZZARO A PROFESSIONAL CORPORATION B ANTHONY J. Attorney for Claimant F CLAIM %Ou11ty cou...E BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JUL 151987 0laim Against the County, or District governed by) 4 BOAR TION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August ,Z' PA-94553 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: CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU 150 Admiral Callaghan Lane CLAIM NO. 02-P13692-5 ATTORNEY: Vallejo, CA 94591 Date received ADDRESS: INSD: Herrmann, Harold E, BY DELIVERY TO CLERK ON July ] , 1987 CC BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the,Board of Supervisors TO-.4 County Counsel Attached is a copy of the above-noted claim. DATED: July 13 , 1987 PpHHI:L BATCHELOR, Clerk epu 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: � /-�LFL•A�> eeputy 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: U`1 4 198 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.5 1109807 BY: PHIL BATCHELOR by___62;� �eputy Clerk CC: County Counsel County Administrator I I California State Automobile Association Inter-Insurance Bureau 7 7 7 N' f7 1 KiT ;7 75 TP, W4 L-,7 Yf_ _F- M tj.- I LH —Tis P 1, 7 i.4 C. l 7 7 7 1 `,i i PP" Ni i%!'-'iP I �4 j�� ij 1 Nl- 7�4T::� M iP77i P7 T 771 N", 71 1 - 71 F J I T A V 44.L L E J1, CJ . 71 zl W, L F j 4 17. 7- 7 t j.-- f.'i771 PE71 i . . .... IH.1!11 41!1. l 1 17,1 i k j E t E.L RECEIVED JUL 71987 F7 P:F T T n H A N ElL T%lf