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MINUTES - 11081983 - 1.23
AMENDED •CLAIM BOARD OF SLTERV.ISORS OF CONTRA COSTA COLP.me CALIFORNIA BOARD ACTION Chaim Against the City, ) V= TO CLAIMAW November 8 , 1983 Routing Endorsements, and ) The copy of this document mailed to you is your Board Action. (All Section ) Mice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Government Code Sections 913 a 915.4. Please note the "Warning" below. Claimant: Gordon E . Brackeen Attorney: Michael B . Bassi 605 Market Street, 9th Floor - - Address: San Francisco, CA 94105 Amount: $250, 000. 00 By delivery to Clerk on Date Received: October 7 , 1983 By mail, postmarked on 10-6-83 Certified Mail P 426-400-569 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-not:Z-., DATM: 10-7-83 J.R. OLSSON, Clerk, (� , Deputy Kelly a oun II. FROM: County Counse 70: Clerk of the Board of Supervisors ( one only) Thi QC Chs � e(� (X ) laim complies substantially with Sections 910 and 910.2. /( ) This Claim FAILS to early substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board carmot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. 0911.2) DATED: ,�L(_ LJ0M B. (SAUM, County Counsel, By , Deputy III. BOARD OAR unanimous vote of By Supervisors present f�rTTle-/ .. (,X This/fclaim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. HATED: NOV R 1283 J.R. OISSON7, Clerk, by` 'fl�. Deputy RARMG (Gov't. C. 5913) Subject to certain exceptions, you have only six (6) months from the date this notice was persoDally delivered or deposited in the mail to file-a court action on this claim. See GDvenment Code Section 945.6. You may seek the advice of any attorney of your choice in ammection with this matter. If you want to =walt an attorney, you should do so Immediately. IV. FROM: Mirk of the Board 70: County Counsel,, 2 County strator Attached are copies of the above Claim. we notified the claimant of the Board's action on this Claim by mailing a copy of this document, and a mend thereof has been filed and endorsed an the Board's copy of this Claim in accordance with Section 29703. DAM) N OV 8 1983 :. J. R. OL.S.SQd, Clerk, by Deputy 134 N s^r I L F--, , AMENDED CLAIM AGAINST PUBLI ENTITY AND PUBLIC EMPLOYEE J. R. CIE. CLERK :': r;.Tc; � � 1. The name and post office address of the Claimant is: Gordon E. Brackeen, c/o Michael B. Bassi, A Law Corporation, 605 Market street, 9th Floor, San Francisco, California 94105. 2. The post office address to which the person present- ing the claim desires notices to be sent: see Number 1 above. 3. The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted: the incident occurred on August 3, 1983 at approximately 1 :10 hours at 627 Ferry Street, Martinez, California. At that time and place, Officer N. Flores, Badge #63 of the Martinez Police Department assaulted, battered, detained, falsely imprisoned, falsely arrested, maliciously prosecuted, and violated the civil rights of both United States and California and the constitutional rights, both Federal and State, of Gordon E. Brackeen, by causing Gordon E. Brackeen to be assaulted, battered, falsely and unlawfully arrested and prosecuted for a Violation of California Penal Code Section 148 . 4. A general description of the indebtedness, obligation, or injury, damage or loss incurred: Gordon E. Brackeen was assaulted and battered, and needed medical treatment. The exact amount of the medical treatment is unknown at this time to claimant' s attorney. In addition, Mr. . Brackeen incurred attorneys fees in the amount of $671. 85 to defend himself in the criminal prosecution. Future damages are unknown to claimant' s attorney y 135 at this time. 5. The name and address of the public employee causing the injury, damage or loss is: Officer N. Flores , Badge #63, Martinez Police Department, Contra Costa, California. 6 . The amount claimed as of the date of presentation of the claim: $250,000. 00 . Dated: l 1 MICIJAEL B. BAISS , Attorney for Claimant, Gordon E. Brackeen 136 VERIFICATION (Standard) CCP 446, 2015.5 1 1 declare that: 2 1 am the .......................................................................................................... in the above entitled action; I have read the foregoing 3 ........................................................................................................................................................................................................................................ 4 and know the contents thereof; the same is true of my own knowledge, except as to those matters which are therein stated 5 upon my information or belief, and as to those matters I believe it to be true. 6 7 1 declare under penalty of perjury that the foregoing is true and correct and that this verification was executed on 8 .................................................................................................... at ........................................................................................................ California. (DATE) (PLACE) 9 10 .................................................................................................................. (TYPE OR PRINT NAME) SIGNATURE 11 12 PROOF OF SERVICE BY MAIL - CCP 1013a, 2015.5 13 1 declare that: San Francisco 14 I am (a resident of/employed in) the county of...................... .............................................................................................. California. (COUNTY WHERE MAILING OCCURRED) 15 1 am over the age of eighteen years and not a party to the within cause; my (business/residence) address is: ....................... 16 605 Market Street, 9th Floor, San Francisco, CA 94105 ....................................................................................................................................................................................................................................... 17 October 6, 1983 AMENDID CLAIM AGAINST PUBLIC On ..................................................................................... I served the within ..................................................................................................... (DATE) 18 ENTITY AND PUBLIC EMPLOYEEInterested Parties ............................................................................................................... on the ......................... ................................................................................ 19 in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the 20United States moil at ....................... . .... . . . . San FranC. .1SC:0..i.................................................................................... addressed as follows: ....... ................... . 21 CITY COUNCIL MAYOR E. SCHAESER BOARD OF SUPERVISORS CITY OF Mi!WINEZ CITY OF MARTINEZ COUNTY OF CONTRA COSTA 22 525 Henrietta 525 Henrietta 651 Pine Street Martinez, CA 94553 Martinez, CA 94553 Martinez, CA 94553 23 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on 24 October .6 1983 San Francisco .................................................................................... at ....:................................................................. .................................. California. (DATE) - (PLACE) 25 26 Jane Werner .............................................................................................:.................... (TYPE OR PRINT NAME) SIGNATURE 13'7 ATTORNEYS PRINTING SUPPLY FORM NO. 18-S REV.JANUARY 1973 �0I t CLAIM BOARD OF mwERVI.90Rs oF OOZJITA COSTA COUNTY, CALIF RNIA B0ARD ACTION November 8, 1983 Claim Against the Oounty, ) W= TO CZ.AIMAW Pouting F-dorsa eats, and ) The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Gude.) ) given pursuant to Government Code Sections 913 i 915.4. Please note the "Warning" below. Claimant: Martin Deltoro, 449 Loring Avenue, Crockett, CA 94525 Attorney: Address: - Amount: $150. 00 By delivery to Clerk on Date Received: October 7 , 1983 By mail, postmarked on October 5 , �3 I. FR3M: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted C1a' DATED: October 7 , 19MR2. CESSON, Clerk, I3y �(`� /. / , Deputy 'e R. Calhoun II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check one only) (�) This Claim oomplies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to amply 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. Board should reject claim on ground that it was filed late. (§911.2) DATED: k�3 JOHN B. CLAUSE.N, County Counsel, By Deputy III. BOARD CFMM By unanimous vote of Supervisors present This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's order entered in its minutes for this date. DATED: NOV 8 1983 J.R. OLSSON, Clerk, edzlm-Z.4�- vDeputy WARNM (( ov't. C. 6913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered 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 any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so Immediately. FTCM: Clerk of the Board TO: County , 2 Ommty XEMIstrator Attached are copies of the above Claim. Ift notified the claimant of the Board's action on this Claim by mailing a copy of this document, and a mar thereof has been filed and endorsed on the Board's poppy of this 1.38 Claim in accordance with Section 29703. nATm: NOV 8 1983 J. P:o aassr,N, clerk, by , Deputy CUXIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions t:o Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, .CA) . C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public en*`_ty, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps I L E D 1 { 1 r. (\A N X. OvEr-K 4dko - ) Against the�UNTY OF CONTRA COSTA) OCT 71983 SON or DISTRICT) ���t OF SUP CP Fill in name ) RK "aRD OF�ISUPERVISORS The undersigned claimant hereby sakes claim againc,4y the County of Contra Costa or the above-named District in the sum of $ yf Isp and in support of this claim represents as follows: --------------------------------------------- occur?When did th2e damage or injury _ ` (Give rex�a�ct date and ho 9- 19,53 QXaC� -E,Yr�rc �Ut-4 ?��c�b1� . T "xLS CL wUcK. 2.- Where did the damage or injury occur? Zincl-ude city alnd, cou-n-U - C'loc vkgi 4-�C A . C cx1�Cc)SA. Cd —3—. H----ow----did---the------------------------------------- T-- 1------ damage or injury occur? (Give full details, use extra sheets if required) �1, Q S, f � u� 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? 4Q0 fy)o oQ M4 Cr,,r j�ro,v\ ; c v�a r JC)c ►\ Pf.�Ct �—� JCgC1,r �d�c`�2� ca 4-- YID �2� r Sore_ ,C � w�:CVN (over c,`t`(Q2� W �« 10Q w�� ©Y. . (\q_�� �• CooNq) X39 'S. What are the names of county or district officers, servants or employees causing the damage or injury? C.OU Cc Cbv�' 6----- ------g-------�----`-----y-----------------=-- (Give full extent---- . What dama a or in uries do ou claim resulted. of injuries or damages claimed. Attach two estimates for a to damage)�r, � d' or +.� k akXV- b\O C+l SOZZ4a Vs¢c( on P.r,ad" cow ' : `ons \� ' ,cSl04; car' -l�rv+nK di Sn_ \ v1-- �� -- ---- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. 61 QST:c\C,. a k� \;r) .� 6�\�s . ------------------------------------------------------------------------- 6. Names and addresses of witnesses, doctors and hospitals. -----r---------------------------------------------r--------------------- 9. List the expenditures you made on account of this accident or injury: DATE - / ITEM AMOUNT /V Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney �al4r�2 ' f Claimant' s Signature Telephone No. Telephone No. 4114 222— 22 � 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. " 140 CHUCK'S BODY t& FRAME FRAME STRAIGHTENING - WHEEL ALIGNMENT VOID AFTER 30 DAYS 705 San Pablo Ave. .Rodeo, CA 94572 e. (415) 799-4009 Data Car Owner— , ° Address T ,�'%'!' �. "':''.Home Phone - ._ Make Year' ' License No./%, '•4.;, Type `` Mileage '/,-f;rBusiness Pho0 I.D. - Adjuster t Phone I assurance Co. Inspector SymbLabor Labor Labor of Hours PARTS Symbol Hours PARTS Symbol Hours PARTS Bumper Fender,Front Fender,Front Bumper Brkt. Fender Shield Fender Shield Fender Mldg. Fender Mldg. Headlamp Bumper Gd. Headlamp Headlamp Door Frt.System Headlamp Door Sealed Beam Frame Sealed Beam Cowl Cross Member ,Cowl Door,Front Door,`Front Door Hinge Wheel Door Hinge Door Glass Hub Cap Door Glass Vent Glass Hub& Drum Vent Glass Door Mldg. Knuckle Door Mldgs. Door Handle Knuckle Sup. Door Handle Center Post Lr.Cont.Arm-Shaft Center Post Door,Rear License Frame-Brkt.' --' Door,Rear Door Glass Up.Cont.Arm-Shah Door Glass Door Mldg. Shock Door Mldg. I Rocker Panel Windshield Rocker Panel Rocker Mldg. Rocker Mldg. Sill Plate Tie Rod Sill Plate - -'"-'"- -Floor Steering Gear Floor - Frame Steering Wheel Frame Dog Leg Horn Ring Dog Leg Ouar.Panel Gravel Shield .-Quar.Panel Quar.Mldg. Park. Light - Quar.Mldg. Quar.Glass Grille Quar.Glass - Fender,Rear Fender,Rear Fender Mldg. Fender Mldg. Fender Pad Fender Pad Mirror Inst.Panel Horn Bumper Front Seat Baffle,Side Bumper Rail Front Seat Adj. Baffle, Lower Bumper Brkt. Trim Baffle,Upper Bumper Gd. Headlining Lock Plate,Lr. Gravel Shield Top Lock Plate,Up. Lower Panel Tire Hood Top Floor Tube Hood Hinge Trunk Lid Battery Hood Mldg. Trunk Lock Paint Ornament TrLnk Handle Undercoat Rad.Sup. TaiLLight Polish Rad.Core Tail Pipe Misc..Materials Radio Antenna Gas Tank Rad.Hoses' Frame t r Fan Blade Wheel AUTHORIZATION FOR REPAIRS Fan Belt Hub& Drum You are hereby authorized to make the above speci- Water Pump Back Up Light fied repairs. Motor Mts. License Frame-Brkt. Signed Labor Hrs. $ Parts $ Wrecker Service $ A-ALlo, N-NEW OH-OVERHAUL S-STRAIGHTEN OR REPAIR- EX-EXCHANGE '.. RC-RECHROME U-FOR USED PARTS B-REBUILT Tax $ Sublet S — This estimate is based on lowest possible cost consistent with quality work, and as such, is $ guaranteed. Items not covered by this est*nate or hidden will be additional. 'r-' � TOTAL $ ` 04-E 428 0 REPAIR ESTIMATE 141 550 San pablo avenue -4135 rodeo, california 94572 �Q ��2�• PHONE;?& 3C DATE LO ACC.DATE O AGENT PHONE I.D.NUMBER LICENSE NO. S�1 TAKE - • MODEL • ` BODY/TYPE • -_..ESTIMATE0 BY )RHRS. PARTS LEFT LABOR NRS PARTS RIGHT LABOR NRS. PARTS MISCELLANEOUS BOR NRS PARTS fender Fri. Fender Fri. Fsrder Shield Fender Shield Fender Mldg. Fender Mldp. Headlamp Headlamp Headlamp Door Headlamp Door Swed Boom Swed Mom Pak.Light Park.Light Cowl-Dash Cowl-Doh WindshioW i�r.E�R Windshield Mldg. Door,Prom Deer,Fran Dox Hinge Door Hinge CLEAR CLEAR Doan Glan ,In, Dr Glass T,N, vent Klass CLIA. vent Glass CLEAR VI TIN, V1 TINT Deer AVdg. Deer Mldg. Door Handle Door Handle Camel Pot Ceder Pest Door moor Dow Rear Door Glass ;,`„�` Door Glass �1IEIAR 1 Door hudg. Door Midg. Rocker Panel Rocket Panel Rocker Midg. Rocker Mldg. FLOOR&W/HSG FLOOR&W/HSG. Qua,.panel Guar.Panel Pence, RLPAIF RERAIR PAnEi Fender PANEL Alar.Ext. Gua.Eel. A Qua.Mldg. Ova.Mldp. Tail Light Tail Light REAR MISCELLANEOUS Bumph From Seo-Adj. Bumph Gd. Top bumper Bre. Aerial Gtavel Shield Tire/74 TREAD ww LEN, ew home Paint Gm Tank Llutderced Tao Pipe Lows,Palin Labor Hours @ $ / Floor Tnmk Ports Less Disc. $ Trunk Mldg. Sublet&Net Items $ Wheel Hub ADrum Axle if Towing $ Soles Tax $ Total $ / ON-Overhaul S-Sbaighten or Repa6 11K-Exchange RC-Bnhn U-For Used Parts 142 . . - Signed�ESTIMATE EXPIRES 30 DAYS FROM DATE , APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA CDSTA COURT-Y, CXTUFORNIA BOARD ACTION November 8 , 1983 Application to File Late ) NOTE 70 APPLICANT Claim Against the County, ) The copy of this document mailed to you is your Routing Endorsements, and ) notice of the action taken on your application by Board Action. (All Section ) the Board of Supervisors (paragraph III, below) , references are to California ) given pursuant to Government Code Sections 911.8 Government Code.) ) and 915.4. Please note the "Warning" below. Claimant: John Joseph Pastorek, Jr. , Attorney: Law Offices of Sterns , Smith, Elstead & Walker Address: 490 Pacific Avenue San Francisco, CA 94133 Amunt: Unspecified By delivery to Clerk on Date Received: October 7 , 1983 By mail, postmarked on - - Certified Mail P 334 164 Z99 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Applicati n to File Late Claim. DATED: 10/7/83 J. R. OLSSON, Clerk, , Deputy e y Calhoun II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6) . (X ) The Board should deny this Application to File a Late Claim (Section 911.6) . DATED: 1,V JOHN B. CLAUSEN, County Counsel, By Ile ds�.,,�Deputy _ "� D III. BOARD ORDER By unar us vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6) . ( This Application to File Late Claim is denied (Section 911.6) . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DAs; hOV 8 1983 J. R. OLSSON, Clerk, By �l�LicG�C✓ , Deputyo WARNING (Cov't.C. §911.8) 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 re- quirenent) . ' See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your applica- tion for leave to present a late claim was denied. You may seek the advice of any attorney of your choice in connec- tion with this matter. If you want to consult an attorney, you should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel, 2 County Administrator Attached are copies of the above Application.' We notified the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATE): NOV 8 1983 ,7. R. OLSSON, Clerk, By , Deputy V. FROM: 1 County Counsel, 2 County Ackiunistrator TO: Clerk of the Board. of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By 143 APPLICATION TO FILE LATE CLAIM � I 'r 2 'u I I 3 !' 4 ji CLAIM AGAINS^1 THE COUNTY OF CCID'TRA COST h 5 6 7IITo: County of Contra Costa a 9 : PLEASE TAKE NOTICE that pursuant to the provisions of the 10 ,: Government Code of the State of California, this claim is here- by presented to you, and each of you, as follows: i 12 i 13 it 1. NAME AND ADDRESS OF CLAIMANT: 14 15 John Joseph Pastorek, Jr. Bay area Head Injury Recovery Center 16 !� 2733 F7001sey Avenue 17Berkeley, California 94705 18 2. ADDRESS TO WHIC& ALL CORRESPONDENCE AND NOTICES RELATING 19 TO THIS CLAIM ARE TO BE SENT: 20 Thomas G. Smith 21 Law Offices of STERNS, SMITH & WALKER 22 490 Pacific Avenue 23 :' San Francisco, CA 94133 Phone : ( 415) 788-3900 24 25 '!' 3. GENERAL DESCRIPTION OF THE CIRCUMSTANCES GIVING RISE TO THIS CLAIM: 26 27 On February 4, 1983 , John Joseph Pastorek was struck 28 by an automobile which was proceeding in a southbound direction 29 'I, down N. Civic Drive. Pastorek was walking across N. Civic in a 30 westerly direction in order to reach the bus stop located on the 31 west side of the street. It was essential for Pastorek to stand 32 ;; at this stop in order to board the bus going in the direction of 33 :i his place of employment. The bus stop is located across N. Civic 34 from Pastorek 's place of residence. There is no pedestrian cross- 35 walk at this location or near the bus stop; the closest cross- 36 " walk is a substantial distance down N. Civic Drive. i CA'.441 ;t , 1 ;I Mr. Pastorek is informed and believes that the Countv of 2 Contra Costa had a duty of maintenance and control to verify the 31 safety of the location of the bus stop to which Mr. Pastorek was 41 walking when he was hit. Mr. Pastorek claims that the location 5 of the bus stop was dangerous because it required him to cross 6 North Civic Drive at a point that had no traffic control lights 7 and no pedestrian crosswalk and that there was no pedestrian 8 crosswalk located within a reasonable distance of the bus stop 911 (towards which Mr. Pastorek was walking when hit) in either direc- 10 'I tion from the bus stop on North Civic Drive. 111 Claimant is further informed and believes that there was a 121 previous accident at this same location which resulted in the death 131 of a woman who was crossing North Civic Drive going to the same 14i bus stop as was Mr. Pastorek and that the County did nothing after 151 this accident to alter the dangerous condition created by the 1611 location of the bus stop on North Civic Drive where there were no 17 ;� traffic control lights or pedestrian crosswalk. 1811 Mr. Pastorek was thrown approximately fifteen feet south of 191'1 the point of impact and several feet to the right from the force 2011 of the collision. 21 22 , 4 . GENERAL DESCRIPTION OF THE INJURIES, DAMAGES AND LOSS 23i'I INCURRED SO FAR AS IT IS KNOWN AT THE TIME OF THE PRESENTATION OF THIS CLAIM. j 24 II 25 !1 John Pastorek sustained broken legs, large abrasions on his 1 26 ;'1 hip and back, other minor abrasions, and a head injury. He also j 27 suffered other injuries which at present are undiagnosed. i 28 , As a result of his head injury, Mr. Pastorek' s judgmental , 2911 and reasoning capacities were severely impaired. He was unable 301; to continue his employment, and has been confined to the Bay Area j 3111 Head Injury Recovery Center for rehabilitation. Substantial ex-fl it 321, penses have been incurred in medical trestment, physical therapy, 1 33 1 and rehabilitation, the total amount of which has yet to be deter- f 34 mined. 35 36 -2- 145 CA 41 1; • l 1 5. NAMES OF PUBLIC E14PLOYEES INVOLVED: 2I 3 The names of any public employees involved are not known by 4 claimants at the present time. 5 6 6 . AMOUNT CLAIMED AS OF DATE OF PRESENTATION OF THIS CLAI14: 7 8 General Damage for Personal 9 Injury to John Joseph Pastorek, Jr . : $ 750, 000 . 10 Special Damages for Medical Expense 11 and Other Expense as May Be Required According to l and Claimed by John Joseph Pastorek, Jr . Proof 12 13 14 9" DA 198DATED: � , 15 �I 16 17 LAW OFFICES OF 18 STERNS, SMITH & WALKER 19 -;;L 20 By: Thomas G. Smith 21 Attorney for Claimant 22 John Joseph Pastorek, Jr. 23 24 25 it 26 27 28 29 30 31 32 33 34 35 36 146 PROOF OF SERVICE BY MAIL — CCP 1013a, 2015.5 1 1 declare that: 2 1 am employed in the county of San Francisco,California. 3 I am over the age of eighteen years and not a party to the within cause,my business address is:490 Pacific Avenue,San Francisco,California. 4 On October 3 , 19$1 , f served the within CLAIM OF JOHN J. PASTOREK, JR. AGAINST THE COUNTY OF 5 CONTRA COSTA on the parties in said cause,by placing a true copy thereof enclosed in 6 a sealed envelope with postage thereon fully prepaid, in the United States mall at San Francisco,California, addressed as follows: 7 Contra Costa Board of Supervisors 8 P.O. Box 911 Martinez , CA 94553 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 declare under penalty of perjury that the foregoing Is tree and correct,and that this declaration was executed on 24 October 3 , 1983 at San Francisco. 25 26 Catherine E. Singels(TYPE OR PR'.M NAME) SIGNATURE 147 I LAW OFFICES OF STERNS, SMITH, ELSTEAD & WALKER 2 490 Pacific Avenue 3 San Francisco, CA 94133 L E RL)k 4 (415 )788-3900 5 Attorneys for Claimant JOHN JOSEPH PASTOREK, JR. , R. CLSSON 6 CLERK. ARD 5 'PERVISORS 7 C T. Cg %l%L�J ?u•v 8 I� I 9 � 10 i 11 In the Matter of the Claim ) of JOHN JOSEPH PASTOREK, JR. , ) 12I ) APPLICATION FOR LEAVE 13 '1 against ) TO PRESENT LATE CLAIM 1411 ) [Govt. Code §911. 4] �1THE COUNTY OF CONTRA COSTA ) 15 I ) 16 17 .I TO THE COUNTY OF CONTRA COSTA: 18 p 19 � 1. Application is hereby made for leave to present a 20111late claim under Section 911. 4 of the Government Code. The claim •. 21is founded on a cause of action for personal injuries which ac- I i 22icrued on February 4, 1983, and for which a claim was not timely 23 ! presented. For factors relating to the cause for delay in pre- 24 *, senting a claim, reference is made to the Affidavit of Sheldon b 25 ;'iBerrol , M.D. , attached hereto as Exhibit A and made part hereof. I 26 27 '! 2. The reason for the delay in presenting this claim 28 'iis that the claimant JOHN JOSEPH PASTOREK, JR. , was mentally in- 29 competent during all of the period when the claim should have 11 30libeen presented as shown by the Affidavit of SHELDON BERROL, M.D. , 31 '! attached hereto as Exhibit A and, made part hereof. 32 33I 3. This application is .presented within a reasonable 34Itime after the accrual of the cause of action as shown .by the 35iAffidavit of SHELDON BERROL, M.D. , attached hereto as Exhibit A 36 i, and made part hereof. `ccrn�.Smith, ci>n•aJ J Walker :40 ,:,:,: .a,e. 148 I ' l � WHEREFORE, it is respectfully requested that this ap- i 2I plication be granted and that the attached claim be received and 31 acted upon in accordance with §§912. 4-912. 8 of the Government Code. 4 � 5 I DATED: 9' �� , 1983 6t 7 LAPD OFFICES OF STERNS, SMITH & WALKER 8 i / 9 l 1/ 10 'I BY 11 I Thomas G. Smith Attorney for Claimant 12 13 I 14 i 15 16 r 17 18 .f 19 -- 20 21 22 23 24 i 25 i 26 27 28 i 29 " 30 i! i 31 32 33 .I 34 35 �I 36 P2/0 i_:,tcid \Calker.O -2- 149 4' P.iain A,,. C.A"4i 11 � ' t r MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF APPLICATION TO FILE LATE CLAIIM Claimant presents the following Memorandum of Points and Authorities in support of his Application for Leave to File a Late Claim: The instant claim is presented by John Joseph Pastorek, Jr. for personal injuries sustained when Mr. Pastorek, a pedes- trian, was hit by an automobile on February 4, 1983. Claimant 's injuries were due to the negligence of the County of Contra Costa in failing to provide any reasonably safe pedestrian access from the east side of North Civic Drive to the busstop located across the street on the west side in the vicinity of 340 North Civic Drive. Government Code Section 911. 2 provides that a claim for personal injuries against a public entity must be pre- sented not later than the 100th day after the accrual of the cause of action. If the claim is not presented within this time period, a written application may be made for leave to file a late claim. Government Code Section 911. 4(a ) . The application must be presented to the public entity within a reasonable time not to exceed one year after the accrual of the cause of action and shall state the reason for the delay in presenting the claim. S911. 4(b) . 150 ' r r Late claim proceedings are to be liberally con- strued. Bahten v. Merced, 59 Cal .App. 3d 101 (1976) . Govern- ment Code Section 911. 6(b) ( 3 ) provides that the governing board must grant an application to file a late claim where the person who sustained the injury, damage or loss was physically or mentally incapacitated during all of the 100-day claim period and by reason of such disability failed to present a claim during this time. The application herein is presented by claimant within a reasonable time, well within one year of the accrual of the cause of action. Presentation of the claim was delayed because of John Pastorek 's physical and mental incapacitation during the entire 100-day period following the automobile accident from which this claim arises. See attached Affidavit of Dr. Sheldon Berrol (Exhibit A) . Until very recently, claim- , ant 's injury precluded him from understanding any discussion with an attorney of his legal rights or how to pursue them. (See Exhibit A) The claims statutes are not intended as a trap for lay persons who are unaware of the basis for a cause of action. Cyzemore v. Sacramento, 55 Cal.App. 3d 517 (1976) . John Pastorek has complied with the statutory requirements set forth in Government Code §911. 4. Pursuant to §911. 6, his application to file a late claim should be granted. -2- 1.51 For the foregoing reasons, claimant requests that the County of Contra Costa grant leave to file claimant 's late claim. DATED: `f 30 — , 1983 LAW OFFICES OF STERNS, SMITH & WALKER 490 Pacific Avenue San Francisco, CA 94133 Thomas G. Smith Attorney for Claimant John Joseph Pastorek, Jr. 1Y P2/M -3- 152 i 1 jl Law Offices Of 2 Sterns, Smith, Elstead &Walker 3 I 490 Pacific Avenue 4 San Francisco, California 94133 (415) 7188-3900 5 I 6 ATTORNEYS FOR PLAINTIFF 7 8 AFFIDAVIT OF SHELDON BERROL, M .D. 9 10 11 12 13 14 i! 15 I , SHELDON BERROL , M .D. , being first duly sworn, depose 16 l;;and say: 17 ij To the best of my knowledge, the following is true and 18 II ,cif called to testify in court I would testify as follows: 19 (i I am presently employed as a physician at San Francisco 20 11 ;General Hospital , San Francisco, California. i 21 11. II John Pastorek was involved in an automobile accident on 22 ijor about February 4, 1983, which resulted in a severe head in- 23 ji3ury. 24 �j I am and have been the attending physician of John 25 !Jospeh Pastorek, Jr. from the time of his admission to the Bay 26 Area Head Injury Recovery Center on June 29 , 1983 up to the 27 ipresent time. 28 i Because of his injury, John Pastorek has been mentally 29 � imcompetent, and his judgmental , reasoning and deductive capacity 30 has been severly impaired. 31 During almost all of his stay in the Recovery Center, 32 John Pastorek 's mental incompetency has prevented him from being 33 aware of his legal rights, and precluded him from understanding 34 any discussion with an attorney of his legal rights or- how to pur- 35 sue them. 36 Exhibit A 153 At this time John Pastorek has recovered most of his 2 :� mental capacity, he now understands he has a right to bring a 11 3lilegal action for his injuries and can understand and follow the 4 ;; advice of his attorneys and can intelligently assist his attorney 5 Jin pursuing his legal rights. 6 il iI( 0 tJJ 7 ( DATED: 1 , � 8 9 10 11 12 II SHELDON BERROL , M .D. 13 14 i' Subscribed and sworn to before me this \ _ day of `_ �7N-\�`.. 15 2983, i i 16 17 �; \ 19 I Notary PufTli c 20I�My commission expires: 21 I� �� (al ."fir OFFICIAL SEPI, 22 23 VIKKI BAY MYRICK 24 NOTARY PUBLIC•CALIFOPNIA `� •r i ECT AND COUNT! Of SAN HANCIXC k 25 My COMte'rs»n E"km May 2a, 1965 26 jl 27 1 28 29 30 I' 31 1 * Please note that the. original of this affidavit 00 32 has been filed with the Central Contra Costa Transit 33 Authority. 34 35 I • 36 ?i P2/Q Law Offices of Sterns.Smith, Elstead&Walker —2- 41k)Picif,A,,,. 15 4 `an Francisco,CA a41?3 ,ll , i 1 jl 2I 3 PROPOSED I� 41 CLAIM AGAINST THE COUNTY OF CONTRA COSTA i 5 6 Til To: County of Contra Costa 81 I 9jl PLEASE TAKE NOTICE that pursuant to the provisions of the 101; Government Code of the State of California, this claim is here- 11 by presented to you, and each of you, as follows: 12 13i 1. NAME AND ADDRESS OF CLAIMANT: l 14 i! John Joseph Pastorek, Jr. 15 i1 Bay Area Head Injury Recovery Center 16 2733 Woolsey Avenue 17 Berkeley, California 94705 18 , 2. ADDRESS TO WHICH. ALL CORRESPONDENCE AND NOTICES RELATING 19 TO THIS CLAIM ARE TO BE SENT: 20 Thomas G. Smith 21 Law Offices of STERNS, SMITH & WALKER 22 490 Pacific Avenue 23I San Francisco, CA 94133 Phone: ( 415) 788-3900 24 !1 3. GENERAL DESCRIPTION OF THE CIRCUMSTANCES GIVING RISE 25 TO THIS CLAIM: 26 I 27On February 4, 1983, John Joseph Pastorek was struck 28 by an automobile which was proceeding in a southbound direction 29 `! down N. Civic Drive. Pastorek was walking across N. Civic in a 30 ; westerly direction in order to reach the bus stop located on the 31 west side of the street. It was essential for Pastorek to stand : 3211 at this stop in order to board the bus going in the direction of 33II j I his place of employment. The bus stop is located across N. Civic 34from Pastorek's place of residence. There is no pedestrian cross- 35walk at this location or near the bus stop; the closest cross- 36 walk is a substantial distance down N. Civic Drive. i ii `arnt,_mrzh, j , .:-read S\C�Ikcr ,.:,"„" 155 �:.tm.;•w.CA wl i i I ' 1 . 1 � Mr. Pastorek is informed and believes that the County of 2 Contra Costa had a duty of maintenance and control to verify the 3 safety of the location of the bus stop to which Mr. Pastorek was 4 walking when he was hit. Mr. Pastorek claims that the location 5 of the bus stop was dangerous because it required him to cross 6 North Civic Drive at a point that had no traffic control lights 7 and no pedestrian crosswalk and that there was no pedestrian 81 crosswalk located within a reasonable distance of the bus stop 9 (towards which Mr. Pastorek was walking when hit) in either direc- 10 ' tion from the bus stop on North Civic Drive. 111 Claimant is further informed and believes that there was a 121 previous accident at this same location which resulted in the death 1311 of a woman who was crossing North Civic Drive going to the same 141:1 bus stop as was Mr. Pastorek and that the County did nothing after 15 this accident to alter the dangerous condition created by the 1611 location of the bus stop on North Civic Drive where there were no 1711 traffic control lights or pedestrian crosswalk. 18 :! Mr. Pastorek was thrown approximately fifteen feet south of 19ii', the point of impact and several feet to the right from the force 2011 of the collision. 21 22 :� 4 . GENERAL DESCRIPTION OF THE INJURIES, DAMAGES AND LOSS 23 ;j INCURRED SO FAR AS IT IS KNOWN AT THE TIME OF THE PRESENTATION OF THIS CLAIM. 24 !i 25 ;! John Pastorek sustained broken legs, large abrasions on his 26 ' hip and back, other minor abrasions, and a head injury. He also 27 suffered other injuries which at present are undiagnosed. ' 28 ' As a result of his head injury, Mr. Pastorek's judgmental 29 !! and reasoning capacities were severely impaired. He was unable 30i! to continue his employment, and has been confined to the Bay Area 31 ;1 Head Injury Recovery Center for rehabilitation. Substantial ex- 321II penses have been incurred in medical treatment, physical therapy, 3311' and rehabilitation, the total amount of which has yet to be deter- 34 mined. 35 36 I �� -2- A,, 2- CA 94!i i 1I 5. NAMES OF PUBLIC EMPLOYEES INVOLVED: i 2 I� 3i The names of any public employees involved are not known by 41 claimants at the present time. 5 � 6i 6. AMOUNT CLAIMED AS OF DATE OF PRESENTATION OF THIS CLAIM: i 7 II 8 ;1 General Damage for Personal 9 ;1 Injury to John Joseph Pastorek, Jr. : $ 750, 000 . 10 � Special Damages for Medical Expense and Other Expense as May Be Required According to 11 and Claimed by John Joseph Pastorek, Jr. Proof 12 13 2 14 DATED: 3v 1983 15 �� 16 LAW OFFICES OF 17 STERNS, Sb?ITH, & WALKVR 18 19 Y:.% hrt� i 211 Thomas G. Smith 20i Attorney for Claimant 211 John Joseph Pastorek, Jr . 22 23 24 ' 25 26 27 28 29 30 31 32 33 I II 34 'I 35 36 I .:i•tra.j a':i'.iwcr it 157 PROOF OF SERVICE BY MAIL — CCP 1013a, 2015.5 1 I declare that: 2 1 am employed in the county of San Francisco,California. 3 1 am over the age of eighteen years and not a party to the within cause,my business address is:490 Pacific Avenue,San Francisco,California. 4 on October 3 , 1983 1 served the within documents listed below 5 on the parties in said cause,by placing a true copy thereof enclosed in 6 a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco,California,addressed as follows: 7 Contra Costa Board of Supervisors 8 P.O. Box 911 Martinez , California 94553 9 10 documents : 11 - Application for Leave to Present a Late Claim to the County of Contra Costa 12 - Memorandum of Points and Authorities in Support of 13 Application to File a Late Claim - Affidavit of Sheldon Berrol , M.D . 14 - Proposed Claim against the County of Contra Costa 15 in re: John J. Pastorek, Jr. 16 17 18 19 20 21 22 23 1 declare under penalty of penury that the foregoing is true and correct,and that this declaration was executed on 24 October 3, 1983 at San Francisco. 25 26 Catherine E. Singels (TYPE OR PHWT NAME) SIGNATURE 158 i ! i� 1 � 2 ,I �i 3 " ii 4i CLAIM AGAINST THE COUNTY OF COD'TRA COSTA 5 it 6 Iii To: County of Contra Costa 8 II 9 PLEASE TAKE NOTICE that pursuant to the provisions of the :i 101; Government Code of the State of California, this claim is here- i ili by presented to you, and each of you, as follows: i 12 i 13 1. NAME AND ADDRESS OF CLAIMANT: 'I 14 John Joseph Pastorek, Jr. 15 i Bay Area Head Injury Recovery Center 16 !' 2733 jdoolsey Avenue 17 ;; Berkeley, California 94705 181 2. ADDRESS TO WHICH ALL CORRESPONDE14CE AND NOTICES RELATING 19 TO THIS CLAIM ARE TO BE SENT: 20 Thomas G. Smith 21 Law Offices of STERNS, SMITH & WALKER 22 490 Pacific Avenue 23 San Francisco, CA 94133 Phone: ( 415) 788-3900 24 3. GENERAL DESCRIPTION OF THE CIRCUMSTANCES GIVING RISE 25 TO THIS CLAIM: 26 27 On February 4 , 1983 , John Joseph Pastorek was struck 28 by an automobile which was proceeding in a southbound direction 29 ? down N. Civic Drive. Pastorek was walking across N. Civic in a 30 : westerly direction in order to reach the bus stop located on the 31west side of the street. It was essential for Pastorek to stand 32 ; at this stop in order to board the bus going in the direction of 33 his place of employment. The bus ,stop is located across N. Civic 34 'i from Pastorek 's place of residence. There is no pedestrian cross- 35 walk at this location or near the bus stop; the closest cross- 36 " walk is a substantial distance down N. Civic Drive. _Ailker - 159 tr. -r,:-o.CA 44;v; �� ,. i i 1 � Mr. Pastorek is informed and believes that the County of 2 Contra Costa had a duty of maintenance and control to verify the 31 safety of the location of the bus stop to which Mr. Pastorek was 4walking when he was hit. Mr. Pastorek claims that the location 5 of the bus stop was dangerous because it required him to cross 6 North Civic Drive at a point that had no traffic control lights 7 and no pedestrian crosswalk and that there was no pedestrian 811 crosswalk located within a reasonable distance of the bus stop 9 !i (towards which Mr. Pastorek was walking when hit) in either direc- 10i1 tion from the bus stop on North Civic Drive. 111 Claimant is further informed and believes that there was a 121 previous accident at this same location which resulted in the death 131 of a woman who was crossing North Civic Drive going to the same 14 :1 bus stop as was Mr. Pastorek and that the County did nothing after !I 15 `1 this accident to alter the dangerous condition created by the 1611 location of the bus stop on North Civic Drive where there were no 17 ;l traffic control lights or pedestrian crosswalk. 18 .1 Mr. Pastorek was thrown approximately fifteen feet south of 19 the point of impact and several feet to the right from the force i 20 j of the collision. 21 `I 22 , 4 . GENERAL DESCRIPTION OF THE INJURIES, DAMAGES AND LOSS 23 INCURRED SO FAR AS IT IS KNOWN AT THE TIME OF THE PRESENTATION OF THIS CLAIM. 24 j I 25 !' John Pastorek sustained broken legs, large abrasions on his 2611 hip and back, other minor abrasions, and a head injury. He also 27 '! suffered other injuries which at present are undiagnosed. i 28 As a result of his head injury, Mr. Pastorek's judgmental i 29 !' and reasoning capacities were severely impaired. He was unable 30 I' to continue his employment, and has been confined to the Bay Area j 31 ;' Head Injury Recovery Center for rehabilitation. Substantial ex- 3211 penses have been incurred in medical treatment, physical therapy, 33 '! and rehabilitation, the total amount of which has yet to be deter- 34 mined. 35 36Of c411.Smirh. —2— _.`rcaJ J Val!"r OP..: A,,... A, . F r.m.:,c,CA 'i!3 3 1 5. NAMES OF PUBLIC EMPLOYEE'S INVOLVED: 2 3 The names of any public employees involved are not known by 4 I claimants at the present time. 5 6 6. AMOUNT CLAIMED AS OF DATE OF PRESENTATION OF THIS CLAI14: 7 8 General Damage for Personal 9 Injury to John Joseph Pastorek, Jr . : $ 750, 000 . 10 1 Special Damages for Medical Expense 11 I and Other Expense as May Be Required According to and Claimed by John Joseph Pastorek, Jr. Proof 12 13 r. 14 DATED: 1983 15 16 I� 17 LAW OFFICES OF 18 STERNS, SMITH & WALKER 19 20 By: Thomas G. Smith 21 II Attorney for Claimant 22 �I John Joseph Pastorek, Jr. 23 24 I.� 25 26 1 27 I 28 29 30 31 32 33 34 35 36 161 PROOF OF SERVICE BY MAIL — CCP 1013a, 2015.5 1 1 declare that: 2 1 am employed in the county of San Francisco,California. 3 1 am over the age of eighteen years and not a party to the within cause,my business address is:490 Pacific Avenue,San Francisco,California. 4 On October 3, 19RI , I served the within CLAIM OF JOHN J. PASTOREK, JR. AGAINST THE COUNTY OF 5 CONTRA COSTA on the parties in said cause,by placing a true copy thereof enclosed in 6 a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco,California,addressed as follows: 7 Contra Costa Board of Supervisors 8 P.O. Box 911 Martinez , CA 94553 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I declare under penalty of perjury that the foregoing is true and correct,and that this declaration was executed on 24 October 3, 1983 at San Francisco. 25 _ 26 Catherine E. Singels aM OP PRNT NAME) SIGNATURE 162 3 ii 4 i CLAI..1 AGAINST THE COUNTY OF CC ?TRA COSTA 6 711 To: County of Contra Costa 8 9 ': PLEASE TAKE NOTICE that pursuant to the provisions of the 10 ;I Government Code of the State of California, this claim is here- i 111 by presented to you, and each of you, as follows: 12 i� 13 1. NAME AND ADDRESS OF CLAIMANT: 14 15 John. Joseph Pastorek, Jr. Bay area Head Injurer Recovery Center 16 2733 Woolsey Avenue 17 Berkeley, California 94705 18 2. ADDRESS TO UHICH ALL CORRESPONDENCE AND NOTICES RELATIING 19 TO THIS CLAIM ARE TO BE SENT: 20 Thomas G. Smith 21 ''' Law Of_�ices of STERNS, SMITH & WALKER 22 490 Pacific Avenue 23 San Francisco, CA 94133 Phone : (415) 788-3900 24 25 3. GENERAL DESCRIPTION OF THE CIRCUMSTANCES GIVING RISE TO THIS CLAIM: 26 27 On February 4, 1983 , John Joseph Pastorek was struck 28 by an automobile which was proceeding in a southbound direction 29 down N. Civic Drive. Pastorek was walking across N. Civic in a 30 westerly direction in order to reach the bus stop located on the 31 west side of the street. It was essential for Pastorek to stand 32 '. at this stop in order to board the bus going in the direction of 33 his place of employment. The bus stop is located across N. Civic !i 34 .i from Pastorek 's place of residence. There is no pedestrian cross- 35 .:: walk at this location or near the bus stop; the closest cross- 36 walk is a substantial distance down N. Civic Drive. `•crn , •.•r.h, ._ tca.l J\Y Ilcr ,I 163 • h I I 1 'I Mr. Pastorek is informed and believes that the County of I 2 ;j Contra Costa had a duty of maintenance and control to verify the i 31i safety of the location of the bus stop to which Mr. Pastorek was i, 41 walking when he was hit. Mr. Pastorek claims that the location I 51 of the bus stop was dangerous because it required him to cross 61i North Civic Drive at a point that had no traffic control lights 71 and no pedestrian crosswalk and that there was no pedestrian 81 crosswalk located within a reasonable distance of the bus stop 91 (towards which Mr. Pastorek was walking when hit) in either direc- 10 ; tion from the bus stop on North Civic Drive. 11 11 Claimant is further informed and believes that there was a ii 1211 previous accident at this same location which resulted in the death 13 � of a woman who was crossing North Civic Drive going to the same 141 bus stop as was Mr. Pastorek and that the County did nothing after 15 ,; this accident to alter the dangerous condition created by the 16 !! location of the busstop on North Civic Drive where there were no 17 ;� traffic control lights or pedestrian crosswalk. 18 ! Mr. Pastorek was thrown approximately fifteen feet south of 19 ', the point of impact and several feet to the right from the force 20 of the collision. 21 22 :. 4. GENERAL DESCRIPTION OF THE INJURIES, DAMAGES AND LOSS 23 INCURRED SO FAR AS IT IS KNOWN AT THE TIME OF THE PRESE14TATION OF THIS CLAIM. 24 25 " John Pastorek sustained broken legs, large abrasions on his 26 '' hip and back, other minor abrasions, and a head injury. He also ! 27 suffered other injuries which at present are undiagnosed. 28 As a result of his head injury, Mr. Pastorek' s judgmental 29 ': and reasoning capacities were severely impaired. He was unable 3011', to continue his employment, and has been confined to the Bay Area 31 Head Injury Recovery Center for rehabilitation. Substantial ex- 321! penses have been incurred in medical treatment, physical therapy, i 33 'i and rehabilitation, the total amount of which has yet to be deter- 34 �� mined. f 35 z6 I II .crn., �C•I[fl. —2— P, :r.A,, 164 rr �....c.C4 41, Ij 1 !' 5. NAVIES OF PUBLIC EMPLOYEES INVOLVED: 2 l 3 I The names of any public employees involved are not known b- 4 claimants at the present time. i 5 li 6 I1 6. AMOUNT CLAIMED AS OF DATE OF PRESENTATION OF THIS CLAIM: 7 8 ;i General Damage for Personal 9 i! Injury to John Joseph Pastorek, Jr. : $ 750, 000 . 10 r Special Damages for Medical Expense 11 i and Other Expense as May Be Required According to and Claimed by John Joseph Pastorek, Jr. Proof 12 c 13 14 1983 DATED: 15 16 17 LAW OFFICES OF 18 STERNS, SMITH & WALKER 19 i 20 By: 410w, Thomas G. Smith 21 Attorney for Claimant 22 John Joseph Pastorek, Jr. 23 24 25 i 26 27 L 28 J 29 �j 30 it 31 it 32 j 33 34 35 I 36 I 165 • J 1 PROOF OF SERVICE BY MAIL — CCP 1013a, 2015.5 1 1 declare that: 2 I am employed in the county of San Francisco, California. 3 I am over the age of eighteen years and not a party to the within cause,my business address is:490 Pacific Avenue,San Francisco,California. 4 On October 3 . 1983 1 served the within CLAIM OF JOHN J. PASTOREK, JR. AGAINST THE COUNTY OF 5 CONTRA COSTA on the parties in said cause,by placing a true copy thereof enclosed in 6 a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California,addressed as follows: 7 Contra Costa Board of Supervisors 8 P.O. Box 911 Martinez , CA 94553 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I declare under penalty of perjury that the foregoing is true and correct,and that this declaration was executed on 24 October 3 , 1983 at San Francisco. 25 _ 26 Catherine E. Singels (TYPE OP PRIM NAME) SIGNATURE 166