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HomeMy WebLinkAboutMINUTES - 08221989 - 1.18 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 10, 1 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 22 , 1989 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $50 , 000 . 00 Section 913 and 915.4. Please note all "t i " Y Counsel CLAIMANT: TRACI SUSINI c/o Andrew C. Schwartz JUL 111989 ATTORNEY: Casper, Loewenstein & Schwartz Martinez 1320 Willow Pass Road #400 Date received � CA 94553 ADDRESS: Concord, CA 94520 BY DELIVERY TO CLERK ON July 21 , 1989 BY MAIL POSTMARKED: July 20, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Jul 28 , 1989 PPHHIL BATCHELOR, Clerk DATED: y BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors � ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: r, 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 ( P/) 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 2 2 1989 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 2 2 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ' 4 I ANDREW C. SCHWARTZ 2 GASPER, LOEWENSTEIN & SCHWARTZ A Professional Corporation One Corporate Centre 3 1320 Willow Pass Road, Suite 400 Concord, California 94520 4 Telephone: (415) 827-0556 JUL 5 Attorneys for Claimant, Traci Suslnl CLER P NTq DAT 6 F APER RS By . epu y 7 8 CLAIM AGAINST COUNTY OF CONTRA COSTA, CALIFORNIA 9 TO: Board of Supervisors 651 Pine Street 10 Martinez, California 94553 11 CLAIMANT'S NAME: TRACI SUSINI 12 CLAIMANT'S ADDRESS: 1201 Panoramic Drive Martinez, California 94553 13 CLAIMANT'S TELEPHONE: (415) 370-8311 14 AMOUNT OF CLAIM: In Excess of $50,000. 00 15 ADDRESS TO WHICH ANDREW C. SCHWARTZ 16 NOTICES ARE TO BE SENT: CASPER, LOEWENSTEIN & SCHWARTZ 1320 Willow Pass Road, Suite 400 17 Concord, California 94520 18 DATE OF OCCURRENCE: February 24, 1989 19 PLACE OF OCCURRENCE: Martinez, Contra Costa County, California 20 21 HOW DID CLAIM ARISE: Deputy Sheriff Wesley W. Dodd, 22 during the course and scope of his employment for Contra Costa �3 County, negligently and carelessly operated and controlled a 24 vehicle so as to cause injury to the claimant herein. 25 26 27 28 kSPER,LOEWENSTEIN AND SCHWARTZ Professional Corporation — 1 NE CORPORATE CENTRE 1320 Willow Pass Road Suite 400 ;cnt .Calilomia 94520 M 1 ITEMIZATION OF CLAIM: Claimant has incurred medical expenses and wage loss, in addition to general damages . Amount 3 of said itemization: In excess of $50,000. 00. 4 DATED July 20, 1989 . 5 CASPER, LOEWENSTEIN & SCHWARTZ 6 A Professional Corporation 44- 4By � ... 8 ANDREW C. SCHWART 9 Attorneys for Claimant 10 11 12 13 14 15 16 17 18 \ 19 20 21 22 23 24 25 26 27 28 :ASPER,LOEWENSTEIN AND SCHWARTZ A Profmiomd Corporation 2 ONE CORPORATE CENTRE 1320 NNtow Pass Road Suit9 400 Concord.U fornia 94M Y ro m z mMp H D l+l nn n _ n Zo^ r / Z W v ioyLV " a No ^ m Cil r)o� o o Z F Owm ~1 M" nC y 6 W O �m0 CSD C m F On a T O <JO O g O N m (D m D m O N 8 z O m N o9 ga o m z O 2 n x a N ON td P) un o n �" w rt K I'd a. N (D 1-h C') n�d '-- N (D N H. (D rt i-h rt C o H. C-q o o r• t-i a- w cnN, Ul X s t6G v, '13 In - STx s e F 3 i � � i ...mac nvnwVc ncmvVc I v CArUbt AU"hbIVt HEMOVE' :MOVE TO EXPOSE ADHESIVE REMOVE TO EXPOSE ADHESIVE OSE ADHESIVE REMOVE TO EXPOSE ADHESIVE REMOVE' (MOVE TO EXPOSE ADHESIVE REMOVE TO EXPOSE ADHESIVE OSE ADHESIVE REMOVE TO EXPOSE ADHESIVE REMOVE 1 w Q O CC 07 a6 ¢0 O e H f w O a N z N U Ln W 0 cn <j- a. c � ° 0 zc Cd L) N .H •rl N H E-1 H c U. 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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 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MARK A. RANDOLPH County Counsel 2501 Rube Drive JUL 3111969 ATTORNEY: Antioch, CA 94509 Date received Martinez, CA g455 ADDRESS: BY DELIVERY TO CLERK ON July 25 , 1989 hand 3ei . 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. ppµµ gg DATED: July 28 , 1989 BYIL DeputyLOR, Clerk L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors �9 ) 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: 31 /J n BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Adminis ator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( his 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 2 2 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk 71 WARNING (Gov. code sec n 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 2 2 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator i TO. F BOARD OF SUPERVISORS OF CONTRA C0MSyZv .-- '" •' a ur I t Al appllCatlon to: Instructions to Claimant Clerk of the Board P.O.Box 911 Martinez,Californl 94535 A. Claims relating to causes of action for death or =or injury Lo 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 mast be filed against each public entity. .- E. ntity. -E. Fraud. See penalty for fraudulent claims, Penel Code Sec. 72 at end of this form. ************************************************************************ RE: Claim by //1� .) Reserved .for Clerk' s filing stamps Ma.-r & p�Qn�i7/iA ) IV Against the COUNTY OF CONTRA COSTA)_ JUL V)', 1989 or DISTRICT) P BATELOR (Fill in name) ) CLE R AR SUPERVISOR By .. .. i.. .. Deputy . . The undersigned claimant hereby makes claim ag s e Co my of Contra Costa- or the above-named District in the sum of $ f d.0• dd and in support of this claim represents as follows : ----------------------------------------------------------- - l. When did the damage or injury occur? (Give exact date and hour) ----=--=------=---------------------------------------------------=------ 2. Where did the damage or in jury occur? (Include city and county) -----`---------------------------------------------------------'---------- 3. How did the damage or injury occur? (Give full details , use extra sheets if required) 9 . ---- particulWhat-------------ar------act--or-----omission---/----on---the---par----t--of--- --y---or------distri - ---c-t coun-- t ct officers , servants or employees caused the injury or damage? (over) i '.:5..:.:•f zat: ar.e.,the..names of county or district officers, servants. or ( employees::causing the damage or injury? - - - - --------------------------------------- -------------- 6-.--i9-h-at-d-amage------or--injuries do you claim resulted? (Give Tull extent of injuries or damages claimed. Attach two estimates for auto damage) — _ ----------------------------------------P-------------------------------- 7 . How was the amount clamed above computed? (Include the estimated amount of any prospective injury or damage. ) ---------------- --------------------------------------------------------- 8. Names and addresses of witnesses , doctors and hospitals. ------------------------------------------------------------------------- 9 . List the expenditures you made on account of this accident or injury: DATE ITEM MMOUNT Ret+ ; , 3k� S molal I e4- y So a ,00 60 lot C ha;r✓ tM ►c Govt. Code Sec. 910 . 2 provides : "The claim signed by the claimant SENDiNOTICES TOi (Attorney) or by some aerson on his behalf. " Name and Address of 'Attorney ` Claima i s Sign ure oe fir• ,►���cL. Address �ysO Telephone No. Telephone No. "] % a Z 116 ************************************************************************** NOTICE Section 72 of the Penal Code provides:- "Every person whb, with intert 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 nay the same if genuine , any false or fraudulent claim, bill, account , voucher , or writing , is guilty of a felony. " « \A1.4 \ 7\ O Lk/ 0 � §? i � � O � . � : . \ . % °°�� � ` � « q e \\ CP � z „$ , 2J BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of: Mark A. Randolph 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 aeztxUizd copy of: Notice to Claimant of Denied Claim to the following: Mark A. Randolph 2501 Rubye Drive Antioch, CA 94509 SEP 1989 "w!! BATCY.UOR Cl:*'P, -"'TU SU?ERVISOIZ C-": COSTA CO. Deputy I. declare under penalty of perjury that the foregoing is true and correct. Dated September 1, 1989 at Martinez, California *-Deputy622q�er CLAIM /0 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 22 , 1989 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: $200, 000. 00 Section 913 and 915.4. Please note al "Warnings". Vou CLAIMANT: JOEL WING Dty Counsel c/o Duda, Rahim & Ratto JUL 3.1 19 ATTORNEY: 385 Grand Avenue #201 89 Oakland, CA 94610 Date received artlne2 ADDRESS: BY DELIVERY TO CLERK ON July 19 , 198 Cq 94563 BY MAIL POSTMARKED: July 18 , 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Jul 28, 1989 PpHHIL BATCHELOR, Clerk DATED: Y BY: Deputy4k, L, Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors � ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD OR�2. By unanimous vote of the Supervisors present ( ✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 2 1989 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 2 2 198.9 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator DUDA, LAW OFFICES D UL LILA M. ABDUL-RAHIM A,RAHIM & RATTO FREDERICK R. DUDA ANTHONY G. RATTO A PROFESSIONAL CORPORATION OF COUNSEL 385 GRAND AVENUE OAKLAND, CALIFORNIA 94610 (415) 444-4600 { ECT July 17, 1989 J U L 191989 I-N BATCH[LOi CLERK DOARD O`SUPE(':^:ORS CO's -A COSTA CO. CERTIFIED MAIL; RETURN RECEIPT REQUESTED Clerk, Board of Supervisors County of Contra Costa 651 Pine Street, Room 106 Martinez, CA 94553 Re: Our Client: Joel Wing Our File Number: 89-177 Dear Sir/Madam: Enclosed for filing please find the Government Claim form in accordance with Government Code Section 910. Please file the original and return the endorsed filed copy in the envelope provided. Thank you for your assistance. If you have any questions, please feel free to call me. Very truly yours, LAW OFFICES OF DUDA, RAHIM & RATTO A Professional Corporation O f A!B_DUL-RAHIM LAR:mr CLAIM AGAINST COUNTY OF, CONTRA COSTA IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 910 ET SEQ NAME AND POST OFFICE ADDRESS OF CLAIMANT: Joel Wing c/o Duda, Rahim & Ratto 385 Grand Avenue, Suite 201 Oakland, CA 94610 Gt��w ° POST OFFICE ADDRESS TO WHICH CLAIMANT DESIRES NOTIC y BE SENT: Joel Wing . c/o Duda, Rahim & Ratto 385 Grand Avenue, Suite 201 Oakland, CA 94610 DATE, TIME AND PLACE OF OCCURRENCE OF INCIDENT: 5/13/89 at 1: 10 a.m. Interstate 580 Westbound approximately 2112 feet North of Central Avenue DESCRIPTION OF OCCURRENCE OR INCIDENT AND ANY INJURY, LOSS OR DAMAGE INCURRED: A car driven by Rodney Alan McInnis stalled in the westbound direction #2 lane at the above location. This area was bordered by concrete construction barriers and has no shoulder. A Safeway truck driven by Michael A. Hutchings collided with the McInnis vehicle, causing an obstruction of the #2 lane. Traffic east of the obstruction slowed and stopped. Claimant Joel Wing was driving in said traffic and came to a stop. A Ford truck driven by Johnny D. Moody was unable to stop in time and collided with several vehicles, including the vehicle driven by Joel Wing. NAME(S) OF EMPLOYEES CAUSING THE INJURY, LOSS OR DAMAGE, IF KNOWN: Unknown AMOUNT CLAIMED AS OF DATE OF PRESENTATION OF CLAIM AND THE ESTIMATED AMOUNT OF FUTURE CLAIM IF KNOWN: $200, 000. 00 Dated: Signature• L AIM Ii 4TRA COSTA COUNTY, CALIFORNIA 4- BOARD ACTION 0 � w� OTICE TO CLAIMANT August 22 , 1989 opy of this document mailed to you is your notice of ='� mo ction taken on your claim by the Board of Supervisors 18�a0 graph IV below), given pursuant to Government Code J on 913 and 915.4. Please note all ( € s Uh y Counsel � JUL 3111989 01�0 -P E I received July /25 i1919C'�iaW,59e1. )ELIVERY TO CLERK ON 04 U a uMj fAII POSTMARKED: no envelope � 44 P +P 0 -W Orn P� NCounty Counsel R7O P < �4U +JU Ri W I PQ O a ) N �JIL BATCHELOR, Clerk P y >+'r Z L. Hall x -Pw •H N � of the Board of Supervisors U U � s 910 and 910.2. o Sections 910 and 910.2, and we are so notifying f o> o ieturn ection 910.8). U ;. c, ;'y claim on ground that it was filed late and send r, to present a late claim (Section 911.3). � ! W ru P4 R m O m L4 r" + E- w 1-1 E-qZ W m I W m a o Deputy County Counsel o z a Z mJ N Q? a W Z W a ° o oH ounsel (1) County finis ator (2) _ W 0 Z Q J a 3 ° , u i claimant (Section 911.3). j N o � w N O 'a 0 a Supervisors present J Q4 91 I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. n ff Dated: AUG 2 2 19 8 9 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 2 2 1989 BY: PHIL BATCHELOR.by Deputy Clerk CC: County Counsel County Administrator 1 HE MARTIN, RYAN & ANDRADA EOA;IF A Professional Corporation Ordway Building, Suite 2275JOne Kaiser Plaza Oakland, CA 94612(415) 763-6510 LOfiPC.:JIuOF;1 CO. Attorneys for Claimant Noutv SAFEWAY STORES, INC. CLAIM AGAINST CONTRA COSTA COUNTY HEALTH DEPARTMENT TO: CLERK OF THE BOARD OF SUPERVISORS, 651 Pine Street, Room 106, Martinez, CA 94553: SAFEWAY STORES , INC. , hereby makes a claim against the CONTRA COSTA COUNTY HEALTH DEPARTMENT and makes the following statement in support thereof: 1. Claimant ' s post office address is: SAFEWAY STORES, INC. , 201 - 4th Street, Oakland, California 94607. 2. Notices concerning the claim should be sent to Gerald P. Martin, Jr . , Martin, Ryan & Andrada, One Kaiser Plaza, Suite 2275, Oakland, CA 94612. 3. The .date and place of the occurrence giving rise to this claim are as follows: On or about January 27, 1989 SAFEWAY STORES , INC. , was served with a complaint by Gloria Ann Davis v. Safeway Stores, Inc. , et al. (Case No. 093106) . The action was filed in the Municipal Court of California, County of Contra Costa, Bay Judicial District. On or about February 3, 1989 SAFEWAY STORES , INC. , was served with a complaint by Eva Mae Blackmore v. Safeway Stores, Inc. , et al. (Case No. 647424-1) . The action was filed in the Superior Court of California, County of Alameda. 4. The circumstances giving rise to liability are as follows: -1- SAFEWAY STORES , INC. , owned and operated a distribution center warehouse at 2900 Hoffman Boulevard, City of Richmond, County of Contra Costa, State of California. On July 11, 19881 there was a fire in the warehouse. The fire burned for a number of days. The above-described lawsuits involve claims by plaintiffs for personal injury and property damage as a result of exposure to smoke from the July 11, 1988 fire at the Safeway distribution center warehouse in Richmond, California. Among other allegations, plaintiffs contend that the fire should have been extinguished immediately and that plaintiffs should have been evacuated. Safeway contends that the Contra Costa County Health Department was responsible for monitoring the air quality in the area of the fire, advising community residents with regard to air quality, evacuating the area if necessary, rendering advice to the Richmond Fire Department regarding the necessity for extinguishing the fire, and for issuing any health advisories necessitated by the fire. The Contra Costa County Health Department was also responsible for monitoring the presence of toxins, if any, and rendering health advisories, if any such advisories were necessary. As a result of the Contra Costa County Health Department' s failure to properly manage the Safeway fire and its aftermath, claimant contends that it is entitled to indemnity for the damages sought in the above-described complaints. 5. General Description of Injury, Damage or Loss Incurred: Claimant is entitled to equitable or partial indemnity from the Contra Costa County Health Department pursuant to Greyhound Lines, Inc. , v. County of Santa Clara (1986) 187 Cal.App. 3d 480. The indemnity to which claimant is entitled extends not only to the complaints entitled Gloria Ann Davis v. Safeway Stores, Inc. , et al and Eva Mae Blackmore v. Safeway Stores, Inc. , et al. but to any subsequent complaints or cross- complaints brought against claimant based on the above-described occurrences. 6. Jurisdiction over this claim would rest in Superior Court. 7 . The names of the public employees causing claimant' s damages are unknown. -2- 8 . The amount of the claim and the basis for its computation have yet to be determined. DATED: -� �a 129 LGERALDVV. N & ANDRADA na Corporation MARTIN, JR. -3- i AMENDED CLAIM �, g 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 Aug3ist-22 1989 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: $76 . 50 Section 913 and 915.4. Pleaseote all "Warnings". county Counsel CLAIMANT: JOE WILLIE BELL c/o Jackie Walker JUL 3.1 1989 ATTORNEY: 1613 Alcatraz Berkeley, CA 94702 Date received Martinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON July 20, 1989 CC BY MAIL POSTMARKED: July 19 , 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Jul 28, 1989 PPHHIL BATCHELOR,. Clerk DATED: 3r BV: 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: T� 3 I u� BY: �� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administ or (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (V) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 2 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk 7 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 2 2 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator County Counset 1989 Martinez, CA 94553 �S D � Vlc�6 r2 raGrrsS h4 mt 6V 9e..Cr/67335----' JD F— t,a 7l ((-2, OooK>'n�� $� o f 05d J •�!L/y4f 'rte./ LL/L/ 44/ ♦ c'I i'.w 4"O'v 4/u r�U rbc L°piw/� L. r/I `. - Ly (Z, FYI L�.-fj �#t�:"��✓ GZG?�Y C-^"`�'` � /s 4 — 3G auks - ;Z;[6 v6 Alike 4�LAEe 9� ?� 4fAJ VV j6C 1 N � S 1 v J 1 � h � AMENDED 1016 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 22 , 1989 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: $442 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: BRIAN P . MICKEL COUnty Counsel 12401 Arkansas ATTORNEY: Vallejo, CA 94589 AUG 0 9 1989 Date rec e ADDRESS: BY DELIV bFRI())P(august 9, 1989 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. DATED: August 9 , 1989 PpHHIL BATCHELOR, Clerk BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: � �°{ BY: Deputy County Counsel III. FROM: Clerk of the Board- TO: County Counsel (1) County Adminis ator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORD By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 2 1989 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 2 2 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator - -- -TOO 4-44 CPQ,- 9- - /9 All /toil hr 717 claim t6: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months 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. (Govt. Code 5911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Roan 106, County Administration Building, 651 Pine Street, Martinez, CA 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 de Sec. 72 at the d of this To-r—M. RE: Claim By ) Rese ! stamp RE Against the County of Contra Costa or ) District) et I AT ? Pon: ?Duty Fill in name The undersigned claimant hereby makes claim agairist the County of Cont Costa or the above-named District in the sum of $ G/,� coo and in sup rt of this claim represents as follows: --------------------------------------------------------------- CE 1. When did the damage or injury occur? (Give exact date-;;;- ATF—CE F a y- 61q �--------�_;? - 89 _ =� '989 2. Where did the damage or injury occur? (Include city and co ty) PH en , qs ---------- / �(.� --- /-------------------------B LE K-4 A- -T�p—F UPER I°. Putt' 3. How did the damage or injury occur? (Give full details; use extra paper if required) h4j5` � / 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? ems- _'�1AAv �r A/ReV p2 ref {izc�x�� &4,t/,4 /�2 ; ow (over) 5, What are the names of county or district officers, servants or employees causing the damage or injury? ------------------------------------------------ - 6._ What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. yAttach two estimates for auto damage. 12-4-5� � /'w`7 IA44f L je* tp ler- �"`7 , Aps&� x A.," y-. r �ttstc�t/ 7. How was the amount claimed above uted? (Include the estimated amount of any prospective injury or damage.) � , 0��j — / JT9MWF?W- ��2 ---------------------------------------------------------------------------------- 8. Names 'and addresses of witnesses, doctors and hospitals. -------------------------------------- iCAO*rtd--�a'�'°"-�-�----------------------- 9• List the expenditures you made on account of this accident or inj DATE ITEM alt /. � AMOUNT ED Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: .(Attorney) or by some person on his behalf." / Name and Address of Attorney 0/1- AL2%'�r1 \' /` Claimant's Signature Address Telephone No. Telephone No. �- rf * * at • a * • s 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, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. � � r,�-S�1 '/ ��p•�.s/cam bc�� , w/Li��v �/.�v %, /S .! - - .- �� /`+�`�"J�C' I41� �/�I[2c-OiU�• Gv�/-Zl'V 7-�-�GSIJ - � �/ d /�ic Lei r-�oc.��✓ �/��/'/� �T ��� ���`/ e-�- ✓lel L�'oL/G�/�c� �w /'�`> �u � �i�a-� �T wG�����- . ?fire �o4 r/� �` 71g--1/ .- ___. f-mac %.� �.� �i•s-d y��-1 ✓//��'/� a� `/firms, � { - U. 4-11 qe,�O A4? T� 12r� ov 7/0 ��GJ�� �7✓ l G[� ✓1.�.B�LK�/meg /� �-'�� �i'�J�Enl¢ ��"T /� Ao avw Y 7flL(�� �tl�'/n JGrt y T� 7`-ft Z2 �ZL�S CDri� t21Eol,�r�r o>v 7� `�ir3 �Zi� , ok� AQ J �„ 1 .L. .� � � 1/ .: _..�I4'i"�j2�La7tJG�/ f'f�Hit � f`'A't SG�''L /°� -��'/��U 1. � ��.. � �. �, r .r .� � � �_ �`:. << .� 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 August 22 , 1989 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: $442 . 00 Section 913 and 915.4. Please note GOUTft y" b.Insel CLAIMANT: BRIAN P. MICKEL JUL 3;11989 12401 Arkansas ATTORNEY: Vallejo, CA 94589 Martinez, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON July 24, 1989 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. July 28 , 1989 PpHHIL BATCHELOR, Clerk DATED: BY: DeputyZ;�;7 YA 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: 3( I BY: I Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 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: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Bria Mickel 12401 ansas Vallejo, 94589 Re: Claim of BRIAN P. MICKEL 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 insufficient for the reasons checked below: _1 . The claim fails to state the name and post office address of the claimant. x 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 circumstances of the occurrence or transaction which gave rise to the claim asserted. _4 . The claim fails to state the name(s) of the public employee(s ) causing the injury, damage, or loss, if known. _5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10,000) , 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. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. _6. The claim is not signed by the claimant or by some person on his behalf. 7 . Other: VI Imo. WESTMAN, County Counsel B 1 Y Deputy Coum unse CERTIFICATE OF SERVICE BY MAIL C.C.P. SS 1012, 1013a, 2015 .5; Evid. C. 59 641 , 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 copy 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 sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: �{ ��� , at Martinez, California. cc: Clerk of the Board of Supervisors {original) / Risk Management YY (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 910 .8) Ii 'Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death. or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months 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. ' (Govt. Code §911.2.) 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• 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 the end of this form. RE: Claim By ) Rese .e stamp Against the County of Contra Costa or ) eG . fig' I- ?� �aona District) sooty Fill in name ) eve-' '" The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) ---a-y=L991 ----/-o--------�2 --7--9 ----------------------------------- 2. Where did the damage or injury occur? (Include city and county) ---- ----- --1-/ 6iy_c-- --- iAi/ --------------------------------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) � J� / l _ / � vyvo� ���xx�fs/� � ki�SG!� ��•a��c-x„�C ............. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? AM-5 671t_ s� l y ,�v�s�� �. I /� ; a� per► (over) 5. What are the names of county or district officers, servants or employees causing ' the damage or injury? ---------------------------- -------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages/claimed, yAttach two estimates for auto damage. /;L" cgl--Z� 'irk" n�--------------- 7. , How was the amount claimed above co puted? (Include the estimated amount of any prospective injury or damage.) ---------------------------------------------- ----------- 8. Names 'and addresses of witnesses, doctors and hospitals. -------------r-------S -------------T=i ch s*rt d 57X.sa�v. --------- ------ --------------------- 9• List the expenditures you made on account of this accident or inj DATE ITEM AMOUNT Z/q Z Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: ' (Attorney) or by some person on his behalf." Name and Address of Attorney , Claimant's Signature -' Address Telephone No. Telephone No.� z-:;5'� * * * * * * * V V * 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, city or district board or officer, authorized to allow or pay the same if genuine, any false or' fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. f n � V -- - -- -- '!- - - ya-5' - -�-2--_ - � '---vim .. _ L�G� a _-•--- -- - -- '�� '� ----� --- - - � - - -�-..�- ---- ----���,�.� __ _ .�,�'��/ -�. - - :�' _ .moo/`•- -��r - - . _ Ac 041. - -----�--..���.-- —1�iG' - �-�-�= - / v� -- f.----�``'�. --lam✓_ ��2L'1-�-'�c �� /'�' !/�R .:;..Gr/zA S . :. . >fa?tGr/7 ✓vii r � t✓/ .� .� ® .. _ _ _- -- ----v�--�-- .�_�__- _ _�L� -- -��-- -f����- --- �--- -- -- -- ---- _- --�_ - � �-.._���o y_.. -_ -__ -_ .----- ------ -- --- - - � _ - - �: -T _ �__ ^ _� _ - -_ _=-___ �_^ _V_� ^-- -�-�----- --T--- --- - - ----- J .1 � . _ . _ .__ �_. - -,----__-- - -. - - ---. -_� ._ -- --- -_--- -- ----� - - -- - , � - - - 1 (� - _. _ r _. _ - __ - - - - - - - --- - - - - - - -_ ---- - - - ..