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MINUTES - 09191989 - 1.15
CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 19 1?89 and Board Action. All Section references are to ) The copy of this document mailed to you s your notice o California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $223.53 Section 913 and 915.4. Please no(DW� a s'S } CLAIMANT: G=, Betty AU G 9 11989 ATTORNEY: Martinez, CA 94553 Date received ADDRESS: 406 Whitney BY DELIVERY TO CLERK ON August 16, 1989 Vallejo, CA 94590 BY MAIL POSTMARKED: August 14, 1989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: August 21, 1989 PpHHIL BATCHELOR, Clerk BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. -Xi ) 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: i Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administr (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�Q 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 dater o Dated: SGP 1 9 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: SEP 2 0 1989 BY: PHIL BATCHELOR by0#,_,J��,_Deputy Clerk CC: County Counsel County Administrator ' ,..^LAIN,% TO* '. BOARD OF SUPERVISORS OF CONTRA CO'Qur M g2F�v e application to: Instructions to Claimant Clerk of the Board P.0.Box 911 A. Claims relating to causes of action for death or torn njurynto4533 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 befiled with the Clerk of the Board of Supervisors at its office in Room 106 , County,__Administration Building, 651 Pine Street, Martinez , California 94553: C. If claim is against a district governed by. the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penp1 Code Sec. 72 at end OIL this form. , RE: Claim bye-.. ) Reserved for Clerk' s filing stamps Jt i. -E Against the COUNTY OF CONTRA COSTA)_ AUG 1 61989 . Or ` s ` U t l I ICT) T•- aruL r,; ;t_cOR - A CO (F i 11 in TA me) / ) iG r 3�P.RD Gi ""D C>FS e ut • The undersigned claimant hereby makes claim .against a- L •cy of CcntLa Costa or the- above-named District in the sum of $ , r and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) Al- V lqe9 2. -Who e dia they damage or injury occur? (Include city andcounty) j� O 3. How did the ' ,agor injury' occur? (Give full details, u extra sheets if reglari ed) - ------- - -- -- orris ' on o ---Mnn��t di .4 What particular act br n the pa.rt of o,_ tri.ct officers , servants o employees caused the injury or damage? (over) '.:5..:.:•J� zat ar.e.,the...names of county or district officers, servants-,or - {' ' I employees:causing thedamage or injury? 6 . at damage or injuries do you claim resulted. (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) — 7 . How was the amount cla mea above computed- dude the estimated amount of any prospective injury or damage. ) ------------ ------------------------------------------------------------- 8. Names and addresses of witnesses , d?ors and hospitals. _______.__________________________________________________________________ 9 . List the expenditures you made on account of this accident or injury: DATE _ 1TE26 -MOUNT 7 J Wei. a S-JI(IN e I(IL SSA *�r*t.**�..********i:**:Ic:k:':**�c•,k*�t**�c**�lF�*��F* *k�c*****tri:****�c*�c�tic*****yt**fir*dc*** Mf rs X41 . 1 ^OdP_ Sec. 910. 2 pro 11'aE'S - 13t "The claim signed by the claimant SEND NOTICES TO: tAttcrley) .� or by some oerson on his. behalf. " Name and Address of -Attorney Claimant' s Signature V ►� w1 r' ��'"" Address Telephone No. Telephone No. •k******•k*�1•****•k•k****•k*•k•k:T�'•k**•k*'k*•k****�1•*'k***•k•k*'h*****'****•k**•k*'k*•k*******'iC*•k NOTICE 1 1 Section 72 of the Penal Code provides: "Every person who, with intert to defraud, presents for allowance or for payment-to. any std•Le, board or officer , or to any county, town, city district, %lard or village board or officer, authorized to allow or Day the same if genuine , any false or fraudulent claim, bill , account , voucher , or writing , is guilty of a felony. " n aAS3t:S)l1i13 i15�u^-as_.,�.:—,r.-�az..•...�..:.mr;: "`--- ��. ,y 68619 1 8 n d v c jlll �lj� o , > p � C7 (A � „ r..�_: NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Be Giles 406 W ' ney Vallejo, 94590 Re: Claim of BETTY LES 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: X -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. x 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WESTMAN, County Counsel By• Deputy my oun CERTIFICATE OF SERVICE BY MAIL C.C.P. §§ 1012 . 1013a, 2015 .5 ; Evid. C. 99 641 , 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: �,\'a.���� , at Martinez, California. cc: Clerk of the Board of Supervisors (o 'ginal). .7 Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 910 . 8 ) r CLAIM ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 19 1?89 and Board Action. All Section references are to ) The copy of this document mailed to you s your no ice o California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $223.53 Section 913 and 915.4. Please no0WhTtgia0btM--) CLAIMANT: G=, Betty r) 1 1°89 ATTORNEY: Martine-7, CA 9455 3 Date received ADDRESS: 1406 4hitney BY DELIVERY TO CLERK ON August 16, 1989 Vallejo, CA 94590 BY MAIL POSTMARKED: August 14, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel A ttached. s a ccp of the abcvc- noted :!aim. _ BATCHELOR, Clerk IL D DATED: August 21, 1989 PpHHBBY: eputy 6-11 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. �) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: I BY: Deputy County Counsel iii. FROM: Clerk of the Board TO: County Counsel (1) County Administr (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present �Q 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: SEP 19 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 auvice of an attorney of your choice inconnectionwith 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: SEP 2 Q 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator w al o o a µ N > 0.. a 0 Cf) c m Ln m o w o o O 7i 07 ,Q m a t9*: p a Ct Z V O Q O yy S 1 `Fppt 4 t rOA/ef, Paul llu tcMD ,'Vw.lV�r�1MV � ti�ti� ymm00cn-i m �u>tj>Cy C?�F2-�1 ? ��zC7 y x "{ '<m3:Z t r bato m� N p> t i �G n 2 m 0 t z of � r CLAIM /I/S 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 September 191989 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: $7,000 Section 913 and 915.4. Plea W�P "WW i ". �CLt��E:�'Is CLAIMANT: 801J-0M, Joseph AUG G 8-9 ATTORNEY: Date received Martinez, ('A ,94553 ADDRESS: 4285 Cabrillo Drive BY DELIVERY TO CLERK ON August 15, 1989 (hand delivered) Martinez, CA 94553 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. RV IL BATCHELOR, Clerk DATED: AU9USt 21, 1989 : Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors �1 ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 2� , �} BY: 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: SEP 19 1989 PHIL BATCHELOR, Clerk, By Q65WDeputy 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. O Dated:— SEP 2 Q 1989 BY: PHIL BATCHELOR b a Deputy Clerk CC: County Counsel County Administrator 1 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 319 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, rater 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 ) Reserved for Cl -, 1 tamp / 0_ Ilea � n 1 Against the County of Contra Costa ) pU_G_1 5 or ) 1 !3A ELOR District) GLEE B� FD OR; F SUPE V1 Tp S A O ` �y Fill in nameThe 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) �Z Pm ---- � g- -- -`�C�-------------------------------------------------------- 2. Where did the damage or injury occur? (Include city and county) --____-- �►� ----------------------------------------------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) PC © ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the in 'ury or damage? IDOS (? (over) 5. What are the names of county, or district officers, -servants or employees causing the damage or injury? r ------------------------------------------------------------------------------------ 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ------ ------- _-- -- _- -� _-- � 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) ---------------------------------------------------------------=-------------------- $. Names and addresses of witnesses, doctors and hospit ls. ��6� FCMK � gzcl USI (C_ �'- ------�-� --r s ,�a------------------------------ =z( c�---- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) orby ,, somo person on,his behalf." Name and Address of Attorney (110 d 44- Claimant's Signature Address Telephone No. Telephone No. N O T I C E 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 ,t(fTtAli 01 CAL`iP'OESNIA'#'I 1 AFriGCOLLISION FiEPOR1'• ,gk q PAGE_LOF_�„/ F�{ I. M CON S r �F�l N{JyRER' MRa FILM CITY, wDICIK WET LOCAL RRp,'ORt 1,111AOLA o-o-•ie 88 II Y �fe d IpYWWW����yyy[D ..►[LONY.: '.k 'i (�LvG}'T. j I Iw e i ~•}„C y,F .?^ii v f! 'y.. ,,. �'e�• ' "-r �' } rIT&RUM ��1(�T\�Y�J Rc►Ganroo orQrwrTv / Vs r Ii ttt I t` ' I i I j OLLINp[OCCURRED ON J 1 . tSl. L [[��J �o0 L� � l '. + DAY�o acuf TOW Aw/Lr Noroa;.kvNa aT: I r I, G1Ey pi[ U I W T F S YL.S NO �AT7 FIEFISSC17TN I .. STAT[HWV REL PARTY ORIVQR S YC 6[NUM ISR An CLASY v[N YEAR yyy��* i, AAE! OAELI COLOR �•'' t /i '[Jlt{5[�N(}/Ata\t[J�+ I� I+11 -:1. ... V V / r �./�•V -( V�� L (r I . i �,t VEA:, NAY[(RNST,WDDLt,LAR) ', a .t . r3v. - TR[QT ADDRESS ? r F OWNER'S NAY[ .. t AS DRIYQR.. .i - ` j .N I�IC; fi "'PARKEDiA CTf!STATE!IIP ;'E 1YEj,•!/ I OKN[RB ADDREEE :WE A8 0RN[R —�--' 1VtO[. ��.r� EYES: NN W ( aWR AU�TE� Y ;.RAC[ DIEPOQITWN OF VEHICLE ON ORDEAS OF; ❑OFACERI .�S'JDVER �OTHCN - r J I j� OTHER: MOM[PHONE S Eu&NESE PMONL j hlltn{ i 11 ^) +�J i, l PRIOR MECHANICAL DtRCTti NO46 APPARENT�I REFRA iO NkN1iAT1VE[� �� e'I k (t I:i CMP UP"ONLY .. WtAU6 iN uIJrAC cU►NEAP + VEHICLE TYPt "j DEaCi[aE YEMCLE OAMAOQ i j rl}}i 1{�aFy1y'41 F. 1NS [ fiR a POUCYNUl1SER : �Aw" A101#j` � a Cts wt g' a ❑u00. A (]TOTAL Wit+ Jt dr� *cytt{f. AN Of ON[T CTOR HIGHWAY�t, SPEED PCP ,j! r ;. ❑ } I ^ 1`us,r(at r „y a (. ( UWT, � iix t-NlC� , :-�4� P1.. PARTY # I ..... DIYVCRS LICENSE NUMBER. SIATE CLASS SAFETY Vitt YEA!( L1AKtltlODEL/CGLOA 1 +:ENL[NU(1Ab CN ETA(i'. I j��'�il ORIVQR NAM[(FIRST.WOOL[I.LAQT) 1 .�, i I• _ 1 t'I TLIit 'PEDES TRLET AD OR[58 v f, J • OWN6R'U NAYS 6AM1A6 DMV[R I a krT t I 17I Y HICLE CITY lSTATLl LPt N,; ! t:t F OW1iER-B aDDRE88 NWE Aa DF11V[R ,� � _��_.� Six ; NWR EYES, NOOITT WEIOM [iRTNo\TE' RACE D18PONMON OF VIE 11'0"OADEA8OF: OffiCER Dn':CIY ('�O M4A p t } vCLIiT YO Ir DAY r�YWR C� OTMLR HOME PHONE; V SL1StNCiB PHONE __`III MgOR YECN1AwCA1 D[IrECTL:•' NONE APPAAENT�'f �Ikdbt t°`0�'y �� t (F '� Fx, ' +•,. i, CHP LY[f ONLY u ._, I �••.-••. 5YtA1C-Il:DkMA 6'�kALA {'�f'iY, rti rr IMSu11A►K[CARWER L.; t.,. ►OUCYNWS[R. I YE/dCL[TY➢L Dk aCW D[YCi•i CLE DAII9A0[ j �W{K- ceoo. �AwOA (D-T-L r aYl[}f. PFL OF, ONUTREET OR Hq HWAT'�, L aP[ED PCF SCC❑ i7lAVEL. �_r t t ' LIMIT i PUC PARTY DRIVER S LICENSE NUMSER 8Y,AT[ O1,A58 BAfETY VM YEAR YIAA[/WODEL+LULOA � s # —__ �,.......�.,....,... ....... EOUIP (41+SC n1�,1.IL Ln 41 II ( 1 .311 �x'�t ,: � h #��i IONVER NAME(FIRST WOOLE LAST) I - ' f 11 Y•p I f 1p (•PEDES STRiETADORES6 r ' k , L_ t I OWNER"i HAVE ❑6AA/E'AC OWVER xyil rYEMX:IE CrEYIQTATEILP Iry { + OWNERS ADDRESS SAME 0 4#NCY SEX MNR EYES MCKANT WEIGMT NFRHDATE - RACE 01SP081TION Of VEHICLE ON ONDER50f: UFHCER MO. DAY r YEAR }i !I �; s 3 ; I i s 1 IrGTMER NOME PHONE ' s' SUSINESS PHONE-. - "'— `i !B{y y I aM, c ';i = I t 1 I I ..;,-} PfSOR,MCCNUNCu DEfECTU: HONfi APPARENT�) I W IiA TO tUNNATI'r E[] I CM►USE ONLY DESCAISE YFWCLI DAYAOL 1! r j F �- &tAOf IH DAIL.GfO AAE,\ 1114 INSURANCE GARNER .F t 4 POLICY NLAAa ER . I•,V[HICL[TVP[ r' - t z t LJ� ONONQ, �M.I,. alk kt r+S 4 a:,. __. f uttOD. MAJOR TOTAL ` OIR.OP ON STREET OR HIGHWAY SPEED JPCP ICC ye� TRAVEL 3 UYfT PUC Y � 9t CHP[� �! FRfPARER'1t NAM REVIEIV ER'SNAME •• DISPATCH NOTIFIED TATE rEv r:rp ![a + ❑YES ❑ NO A I' I ; _CHP 65S P GE 1 (Rev.t-6b) oas , N a ai a -`•,k3 a `FTg ''1 I�s t` -1 .AUF()1 NIA�� C�`' T I `(tczi �d r ( 1 "( 1 iaTe A�i�i�ftVE9SUPPLENlE�lTAL V _ &�C WLTEOFINCID OCC INCE ;-;. .,j TI- - NGrG A'. pF'. 1 NumaLA�I � t �� � f I .. __ ^`•� 7('ONE� TYPE&iPPLEMENTAI�x APPLC/aBLEd - -_ L� 3i }�t �y {xNrARRAT'VE !- 1 OWSgN REPORT. i i'' BA UPOATE� `.❑ FATAL ❑ HITSFIVNtN•OATE ya,q a 1 1 41 �FSUPPLEMENTAL ❑IOTHERI ": Q;HAZARDousMATEWAI$ ❑ SCHOOL BUS ❑ OTEA I lf� Sj dhdl d CITY ICOUNTaY/JUOIGAL DISTRICT HLPI)AhNGD15THICTIjSEAY GIAIIO NL:II6C'k IT��� 1 F ' ; ' i+ �fuj it LOCATION fSUBUECT fi STa EHiGHv;AYN:LAYED tf a t 1 i tt �N( i' r:• 'F i ' i I � I _� TS P+ , 4 ,{ al4r ►' ��� '� ! '�lY1—=�Cii"^ 11 T I� L= N `1` (/ ('" �,,;" � -Val �,j o GI -+ .*— — --- f Tgp�l!� Pkk t I t' ? �l C 7•{J {/j i {t 10. ali 1 0 r� ,t �> 11 d d�� 6),� I/ /j,. { i i If AG I s -� ( E� Y T b ir ;� �!ytill i; ._i 13sT I 11 f '") 7 /') r --- I N i717,,« rR I t t R Ali l 24% d9 s i r �'yfifi$�le y G22�I��ti }t I Cu; 4 42 { t 26.1 6 t I ty 31 ,F : t 28TIT Y � � j {..•.usg,# t r( �,ddt a r +° H I ti t It ISS J• 2 ,, - __ ._.r. I � '° tC @sT t ue ➢ 3 i w'Eu SCF`� 1 3 a -- Teti PREPA RSNAME ) LD.NUMBER MONTH IDAY/YEAR REVIEWER'S NAME MCI rarv[tA r.,r aN CHP 556(Rev 7 87) OR 042 u..p.now.oe xu^tlueT+�Iw d 1, .:1 I I1,lt3FIt i 7 f e s s c p I II , MIY � 4 99 WITHOUT UI ', :VISIBLE DAiViAGIEOR REPAIR_®UOTATIONREPAIR ORDERORDER.COMPRO •` / l(J�1Yx() ! d� .�t'��� __a r9m•,9f0 r �t rc� .. .. Iris "Quality Without Comprom/se Since 1960" {��1� dv t�ce ''' I .u:lcmrue wmtc.-uu 917 Howe Road Martinez, Cahfornia94553 (41'5) 370-77II97 vcrs >Lr ,j' f =ail 6ARRlGARll)50,. Ray.Tresko;, 'Rick Collins eexx,i.ex - y 41s-3� _89 a�5-3�0-��89 Ptd ( : i 8AR Registration#AB137501 {, �/ R.O. NO, l i�lt" �4r ar;: i O ,r �Gf-/4!J. / f,.,f/L:�a d s ity/z H P I.I -- -- Nam A dres C If Year-,-�� Make --=—�" Model ' yl LD. Number — Wk.Pt,. --- i, a , � �. { I r Amileage�I Ucense Nom�� ��� Insursnce.Co.'f Adjuster & Phone_. —__ +' e Paint C Prod Date Trim Claim No. _I r I I � I�ii tR O oy 1 N I File No Deductible iik r Y LABON ' NET+ kNo R&I pall place q, I+ ,t i ESTIMATE,OF�REPAIR COSTS `'' PARTS PAINT t11 ) NRS. I SU3Ll::T `e I �11T, 1 . 4 61 ; _ �t {j fo ,r. 4 _ glilij 1771 t '. t� �� g7tl Tt �' f �— 1 I l +( ! i 13 pix I,V'[ 14 I �jl+rxfra" 16 I I I �I4 } 3Et3�rir,V6 t - _.-- "ir'2f"f)�i 191 - E 22 �[IIl ---- G, � ' ;. flta t iYou have my,consent to tear down&inspect&assess damage to my vehicle Date TOTAL HIS ESTIMATE IS BASED ON OUR INSPECTION DOES NOT COVER ADDITIONAL PARTS ORWHICHCH — ,, LABOR MAY BE PARTS jsubioct to invoice) .;....... $ h�w { '.�,AEOUIREDAFTERTHEWORK HAS BEEN START ED.AFTER THE WORK HAS STARTED,WORNOR DAMAGED PARTS WHICH ARE ` s IFI t PAINT --HRS.,@ (IfA} i'NOT EVIDENT ON FIRST INSPECTION MAYBE DISCOVERED NATURALLY THIS ESTIMATE CANNOT COVER SUCH CONTINGENT' LABOR_ f!r v�I e�-01E8 PARTS PRICES SUBJECT TO"CHANGE WITHOUT NOTICE.THIS ESTIMATE S FOR IMMEDIATE ACCEPTANCE. -- —�— ----- [ 3 ESTIMATE GOOD FOR 30 DAYS HRS. @$ THIS CONTRACT,UMITS OUR IIABIUTY;READ Ir' PAINT/MATERIALS..............................:.... gl gqq�� +l �kMATERIALS.YOU AND YOUR --.--- _..—'— . Li EMPLOYEES MAY OPERATE VEHICLE FOR PURPOSES OF TESTING.INSPECTION OR DEUVRY AT I 1 { R1 ,I HEREBY AUTHORIZE THE ABOVE REPAIRWORNTOBE DONE ALONG WITH THE NECESSARY MAT SUBLET NIS ........................................: $ MY RISK.AN EXPRESS - ' .,.-_....._._._, MECHANIC'S LIEN IS ACKNOWLEDGED ON VEHICLETO SECURE THE AMOUNT OF REPAIRS THERETO,YOU WILL NOT BE HELD TOWING/STORAGE..........I........:.............! $ _ RESPONSIBLE FOR LOSS OR DAMAGE TO VEHICLE OR ARTICLES LEFT IN VEHICLE IN CASE C F FIRE,THEFT ACCIDENT OR -- �I ANYOTHERCAUSE.BEYONDYOURCONTROL c SUBTOTAL...............I................... $I _— iClt? f t{ , '&GNED SALES TAX..................... it , { ALL DEDUCTIBLES MUST BE PAID/N FULL BEFORE CAR WILL BE RELEASED- GRAND TOTAL — 1sus [Dama a Qu-#aOR fi: 732172 NAME /.�s�`•Q�, �U -- DATE �� WORK PHONE HOME PHONE ADDRESSSr CITY STATE ZIP YEAR�Q_MAKE MODEL I.D.NO. PAINT CODE -PROD:OATE TRIM MILEAGE LICENSE NO. DATE OF LOSS= WRITTEN BY -INS.-CO. FILE NO. CLAIM NO. P.O.NO. ADJUSTER LIC.NO. PHONE Deductible/Betterment. DETAILS OF t&A1R PARTS INDEX RE- .ter .r. ,NO. PAIR R -Repair S='Straighten A=_Aftermarket N=New RE- PI PARTS LABOR PAINT '`` `'SUBLET/MISC. RLC=RecycleLRechromeLRecore -11=Used, R='Rebuilt 1 3 4 5 6 7 J� 9 • 11 12: ti 13 15 16 17 t 19 2fl 21 22 _. 23 24 25 26 x� 27 I hereby authorize the above work and acknowledge receipt of copy. TOTALS M Signed X Date PARTS Prices subject to invoice $ LABOR hrs. $ Shop Supplies $ PAINT hrs.@ $ MARTINEZ AUTO BODY SHOP Paint Supplies $ Towing/Storage $ 701 Escobar ftW Sublet/Miscellaneous $ Maitrwiz, V�/� 94553 EPA/Waste Disposal Charge $ Phone (415) 228-3689 $ SUB TOTAL $ ._ $ TAX ....................... $ TOTAL $ @ 1998 I/D/E/A inc.Form No.1002 IID/EIA inc.,One IVE/A Way.Caldwell.ID 83605-6902•CAI I Tni I FRFF 1-R00-635-92fii uat Dama 0 oubtation ,A` 732172 NAME DATE WORKPHONE HOME PHONE ADDRESS CITY STATE ZIP YEAR MAKE P9MODEL II I.D.NO. PAINT CODE -PROD.DATE TRIM MILEAGE LICENSE NO. DATE OF LOSS' WRITTEN BY INS.CO. FILE NO. CLAIM NO. P.O.NO. ADJUSTER LIC.NO. PHONE —Deductible/Betterment LINE RE. RE. DETAILS OF REPAIR PARTS INDEX No. PAIR PLACE R=,Repair S=Straighten A=Aftermarket N=New PI PARTS LABOR PAINT SUBLET/MISC. R/C=Recycle/Rechrome/Recore U=Used R=Rebuilt 1 2 ` 3 4 5 6 7 8 9 10 11 12 13 �P> 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ------------ I hereby authorize the above work and acknowledge receipt of copy. TOTALS E> PARTS Prices subject to invoice $ Signed X Date LABOR hrs.@ $ Shop Supplies $ PAINT hrs.@ $ - Paint Supplies $ Towing/Storage $ 701 Escobar Street Sublet/Miscellaneous $ Martinez, California 94553 EPA/Waste Disposal Charge $ Phone (415) 228-3689 $ SUB TOTAL $ $ TAX ....................... $ TOTAL $ ©1988 IID/E/A inc.Form No.1002 I/D/E/A inc.,One I/D/E/A Way,Caldwell,ID 83605-6902 o CALL TOLL FREE 1-800-635-9261 f CLAIM � ls� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Clai7e`Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 19 1989 and Board Action. All Section references are to ) The copy of this document mai-led 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: $32.20 Section 913 and 915.4. plVJ'ufty 0bdWpS8Jngs11. CLAIMANT: MORTORFF, Denise K. AUG ATTORNEY: Martinez, CA 94553 Date received ADDRESS: 109 Quail Court BY DELIVERY TO CLERK ON August 16, 1989 Hercules, CA 94547 BY MAIL POSTMARKED: August 15, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: August 21, 1989 BY: Deputy 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: 21 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. 1p p Dated: SEP 15 IS89 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. SEP 2 0 1989 Dated: BY: PHIL BATCHELOR by45660Deputy Clerk CC: County Counsel County Administrator 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 la the after the accrual of the cause of action. Claims relating to any other cause of action must be" presen a no later ufft 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 ) Reserved for Clerk's filing stamp I IV E ) RECD Against the County of Contra Costa or ) District) CLERK BOARD OP S PERV:ES DRS I ) TF. .Cosa:CU. Fill in name Cc�av The undersigned claimant- hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ ; oZ;d and in support of this claim represents as follows: -------------------------------- ----------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) lqrq ------------------_-__/_------___- e-.-_ � 1 C=�_!�_II�Q Y� _ _ 2. Where did the damage or injury occur? (Include city and count ) F rno%. /061 3. How did the damage or injury occur? (Give full etails; use extra paper if required) i / .5��U h �✓ c�/r,��r a n d re A 6-16a -o To �Gea may- ----an �c�L_U _� _�___ ." Z4. What articular act or omission ori the art of bount or district officers P P Y servants Ior employees caused the injury or damage? / / 4� .sene T!'a m bei r) D o y (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. ' Attach two estimates for auto damage. �r� _ ______ 7. How'was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) �5 2 Ore ce ----------------------------------- ------------------------------------------ 8. Names and addresses of witnesses, doctors and hospitals. r4 Pei�� r 1.1, 2-) m e-011��g/ a-? � (7 . � 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 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 _._.. C imant's Signat Address, �2e vL-�s q Telephone No. Telephone No. / f N 0 T I C E 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 .tha.n 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 Tine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. Ld 1I 1 Amt.# C> 10 oro occoCOD � CJ %Z M M +-1 Lo r sl U7 +t Q rl 7' —4 -0 idar"........Ca.1�if.........1..LL.3:._.....27,...Q.. }.......:b....:.......::A..:........ � •, Adr.:................................. T O 0 E N t S E K......_K.O.R..T.O.R F.F...._... U M M M City/St/Zip:................................................................................................. ................ .:.... .... cn to 01 ID?.'#:_ l r_ ,.,:..s..' ._i ✓;` r .+.fi, sate 3 LL 3 d. 3 CL O r° O 10 A, 0- >- a >- CL a- ro � o cs C.0r Cn r cn r an o \ \ r Credit Auth.: 10 =1 4m.H -4a AN O �� U7 O CY o -.0 \ Approval: r" 10 MC-4 co This purchase is to be charged to my account and will be paid for in r. X: I-- X CJ .00 01 accordance with my charge accountagr ement.EMPORIUM CAPWELL 3 3 3 M t'•,1 •<r U reserves a ity interest in t o urchased until paid for full. CD CD r�, CID 10 to -.0 ? +��+ co W n u") r ul C- 10 •, o CJ r� •C• N Kt rl%l �r .-1 [kms G+ i H \ C4 0, CNC` C! D+ CJ *+ r-1 rn ��� E M P 0 R I U M • C A P W E L L T� w I I r I ACCO. # ¢ � O -0 C-4 C> r14 Od E.. o iia � cr -4 cr m IT � ICD ' :... 916-4....... .4 3 ._2 8.1......6......... .. CD 4cddr.:.................................................:..............:....................................Apt.j?.A..... DENISE [ �IORtORFF........................., :; " co City/St/Zip:......................._............................................... . .� t» Ct) Ch U I D�#: a — 3 _::w, fi _ ��: a 0- L rZ rpt L �1 3 rZ ~ 0- CIO t- C) h- (n E- O h Credit Auth.: M M M M 41- O 4R a=+ 41- Approval: RApproval: �u Cd I a This purchase is to be charged to my account and will be paid for in r .. � � � � 0 accordance with my charge account agreement. EMPORIUM CAPWELL 3 3 3 V reserves a security interest in the goods purchased until paid for in full. i CT -I CT -4 CT .-r � W CO — CO -4 00 +4 CT C0 10 N R I. O X r\ co —1 co -4 CO .-i n U') F CV N 10 N .0 r. 10 N -a- N Phone ) `• CJ O C1.41 CID CN CID CJ 01 C) �� E M P 0 R I U M • C A P W E L L - A k ` !i IA 46 9, 1 tA l tj 10 .9` t7 G.t t djsjV 1 r $� U p t« � r CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim !Iainst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 19, 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: $50,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: GARY `Ra haelle for Shawn NORRISE co1`J$a, f{,, p �unSel ATTORNEY: Leo Arnold AUG 22 1089 109 Geary St. , Date received ��//// ��}} ADDRESS: San Francisco, CA BY DELIVERY TO CLERK ON August 2Mai9i 4libT l,ft ered) BY MAIL POSTMARKED: ) I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: August 22, 1989 BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV.. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. c] 1 0 Dated: a SEP 1 laR9 PHIL BATCHELOR, Clerk, By AN. 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: SEP 2 0 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 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 64"el ) Reserved for Clerk's filing stt YN VP- ok - .Against_ the County_ of Contra Costa `- or osta4 FI IiL QAi,_H�LOR I tARD OF SUPERV:SC R Di i , strict) C L P, " raTRa cos ;,GO Fill in name Y` C. . --... The undersigned claimant -hereby makes claim against the County of Contra Costa or the above-named District in .the sum of $ on,OO 0 t, and in support of this claim represents as follows: 1. e didthed or injury occur Give e -gym D oSGt�� ��}} }}��� amag� ? (------------------------------------ ------------------- 1. date and hour} E.�' k7'1��. X34 G7 t �,� ----------------------------------------------------- L------ ------2. Where Where ,did the damage or injur occur? , (Include city and_'county)... / 5 A/ CG Z7-(9,oy .i9 T 7u V e 1V//-f_-, 1119G.4-, 3. How did the damage or injury occur9� (Give full details;' use extra paper if, required) y SG�v'� S i,9l vr�(/ �/(�,�,�/S� GcJl1- S CSI V E i'YIbD� —T.�2o/11 X7-u 05 /D 0,,/_ r.,c,JT� o er rhy p� 1sSid tJ i -------------------------------------------------------------------- ------------ 4.. What particular actor omission on the part of county or district officers, , � servants or employees caused the injury or damage. .J�' T�T 1-»V (over) 5. What are the names of county or district officers, servants or employees causi the damage or injury? JuU��1�—� t��•G� �o�tJ?Q��- 5�1� 5. What damage or injuries do you claim resulted? (Give ful e tent of i Jur' s or damages claimed. Attach t estimates or auto damage. � �T�� 1 U/iV 7Gr�s D i C's�2 Tj©.J . ' � 7 �0 _ o%50010_ r,�,��7i C. 7f/ ------------------.lbP[r1�G---- __© ��. ----------- ------- 7. - How was the amount claimed above computed? (Include the estimated amount of any prospective injury or„damage.) ��pA2 il _Z J �„/ ----_-------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals`. '- ------------------------------------------------------------------------------------- 9. List the expenditures ,you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 Orovides: • "The claim must be signed by the claimant SEND NOTICES.TO: (Attorney) or by some person on his behalf." Name and Address of Attorney 67- Claimant's Sign ure a p�l Ala. Address Telephone No. �� � ����(� Telephone No. l�js� J3S"z�i3 N O T I C E Section 72 of the Penal Code provides: "Every persoh �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. I CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Clain P3ainst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 19, 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: $206.25 Section 913 and 915.4. Please note all "Warnings". CLAIMANT:. WITKAY, Paul R. County Counsel ATTORNEY: AUG 2 2 1989 Date received Maf� ADDRESS: 24 Benthill Court BY DELIVERY TO CLERK ON August 2J'�� 4rJJ3 Lafayette, CA 94549 BY MAIL POSTMARKED: August 18, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: August 22, 1989 gaIL BATTCHELOR, Clerk y 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: 192 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ` This Claim is rejected in. full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. 0 Dated:—SEP 1,9 19 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 withthis 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: SEP 2 0 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 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 tocausesof 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 ) ReservEJA _ p _7A a -/Z W) R E C` ZPI,- �Y E 0 > AUG 211989 Against the County of Contra Costa ) or ) PHIL BATCHELOR C_ERK BOARD OF SUPERVISORS C,C.C: fi/'-i, P20TFcX70„/ ae 45,69 ! District." C;ONIT P.A COSTA CO. _ Fill in name ) gut The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ �.p(,, �� and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) --------_ m-------�/C/o2 _7`a__ 4J± o % _`✓11,eJ _Tj/- I-A-11066 _WA--S_ A1Sco✓"EQ- 2. Where did the damage or injury occur? (Include city and county) ON �'� C®v-r7774' CAsw,&r o r 7,K Nom s•06 dc o uR ---mr- 2 3 _ =-%=_-C.ef- - =-------------------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) C[�,E�n/-ouY' S` �' .5��✓a/°Ji�E �✓� a. ,��o y-F.✓ w/�F.✓ -7 jy�- 96AA i2 T#-E C Wra' CW7 7.#6, L✓� s v,✓ 7*E �'�t s✓v" �� .moi eLc �'.��v�-✓�7Q,-✓, --------------------------------------------------------------------=--------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? 5 FE. d3 U#✓F., (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury. .. T ------------------------------------------------------------------------------------ 5. What damage or injuries 'doJyou claim resulted? (Give full extent of injuries or damages claimed. Attach- two. estimates for auto damage. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective i ury or damage.) , '7%fle sFr 2 f.34 To : /� �� /�i�Fol�l- � �v2 S%�✓�nv,�.v 2 vr�u:, OF 7;1i`g- ;L /5✓4c S fifer17 Ze4111C1- i7_ L�C�1L�__ _zt2C� S=--------- 8. Names and addresses of witnesses, doctors. and hospitals. 6 F IV44Y7nl6 Z) c,4 C, l 8t: ljj�Pk/. � c c r Cssa-� ►✓i b/s'v7S C41 2/Gl'' I✓,ae,✓ua GL�� 9. List the expenditures you made.on account of this accident or .injury: DATE ITEM AMOUNT cz-s't< &WE) 56"e, 7N'9' 79,75 Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by soma-person on his behalf." Name and Address of Attorney < Claimant's Si e Address Telephone No. Telephone No. � 73:° * * # * �F dF 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, aocount, 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. Ln T co co m Ln N W X 1 _ mV3>O U o 2L. aE to 1- ZLL,0 � � Q o CC Y O LU CL 004 O o W o H l'7 t,1� c o W u co; o " 1 � C p ��� U 1- O� LAJ o N N �J a - o a vO p Z W oe f , w _ Z W N Z O,~ o f Q O ��w W Z N Q (� c'\\\ r y E 0 = r I Z N K V i V F. O d.r d d Lu U W Q N V Q = ZO \ , p Q ID-n C N ^ eac d Z O Ov� ® a Z \ V � c ' d O W O a ,u W Z W W N N K i..S ' z \ V Om.O 0 0Ow d 0 r Eto �. W Z u: y�wj Z U O L ; N{� W. CL K N �® O Q Z v Y a 0 U Q v 'a LU W z ► Q O O� O == Q C > Ixu r p m W V H W N N ,� N C F- Z .t O of O U U ° Q CD to 0 O O LO -co 0) GO o� m e co s II Vn in E C 3 T C c C ¢ O¢ X ` - c0.> 3>co z LL Lu wV� Y O a3mea W C'1 .•�?, � c,� o lLJ Ol Q Z < w z QZ W z _ OD- 0 c O _ z o _ _ - oC z O a C Lu Z > o - - _ Q W a o W F p ° } G oc v U = _ - _z o C Y N V — — _ w r O T O F- O o, yy®��. Q a c Z — — s 0 t i . o . 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All Section references are to ) The copy of this document mailed to you is your notice o California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $170.00 Section 913 and 915.4. Please note allcow.5tlr-,ltrgg"ounSel CLAIMANT: DIAZ, Ross Jefferey AUQI 1°89 ATTORNEY: Wrtinez, CA 94,553 Date received ADDRESS: 300 Forni Road BY DELIVERY TO CLERK ON August 17, 1989 Placerville, CA 95667 BY MAIL POSTMARKED: August 16, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: August 21, 1989 gy1L BATTCHELOR, Clerk 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: 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 (>4 This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy o.f the Board's Order entered in its minutes for this dater. 0 Dated: SEP P 1 9 1989 PHIL BATCHELOR, Clerk, By 0, ° , 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. 9 Dated: SEP 2 O 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator i � I12% TC? BOARD OF SUPERVISORS OF CONTRA COT , �igi i`�V aur Ai eppflentlon tot Instructions to Claimant Clerk of the Board P.O.Box 911 A. Claims relating to causes of action for death or mar in3urynitSo453� 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 _tidministration- Building, 651 Pine Street, Martinez , California 94553: C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in.' D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of phi s form. , RE: Claim by ) Reserved for Clerk' s filing stamps - � L- . ) Against the COUNTY OF CONTRA COSTA) AUG 1 ; 1989 1 or _ DISTRICT) (Fill in name 1 CLERK ?kSvG; V:,ORS 'CTACO.. C � e ui . The undersigned claimant hereby makes claim against VwCounty of Contra Costa or the above-named District in the sum of $ ,� ;u� a. and in support of this claim represents as follows : ------------------------------------------------------------------------- 1. Wher Cid the dama e or in sr occur? (Give exact date a d hour) "5 1� /%Z ------------------------------------- wt and county) -------- -� 3.- How did the damage or injury occur? (Give full details, use extra sheets if required) ---------------------------------------------------- 4 . What particular act or omission on the part of county or district _ officers , servants or employees caused the injury or damage? (over) '.:5..:.:•fiat. are...the...names of county or district officers, servants or' I employeescausing the damage or injury? -------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) — ---------------------------------------------- --------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective. injury or damage. ) - --s--------------------------------------------------- 8-.--names-------and---undre-----sses of witnesses , doctors a.nd -hospitals. ------------------------------------------------------------------------- 9 . List the expenditures you made on account of this accident or injury: DATE ` ITEM P?�'IOUNT Govt. Code Sec. 910 .2 provides : "The claim sig by the claimant SEND NOTICES TO: (Attorney) or by som oe son on his behalf . " Name and Address of •Attorney Claimant' s niiture Add ess Telephone No. elephone No. NOTICE r i 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 pay the same if genuine , any false or fraudulent claim, bill, account , voucher, or writing, is guilty of a felony. " CR COD CIPP —SN 1 � n NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Ross frey Diaz 300 Forni ad Placerville, 95667 Re: Claim of ROSS JEFFREY DIAZ 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. 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. x 3 . The claim fails to state the date, place or other 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: VICTOR J. WESTMAN, County Counsel By: Deputy Coun ou el CERTIFICATE OF SERVICE BY MAIL C.C.P. 99 1012 , 1013a, 2015.5; Evid. C. 99 641, 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 (o 'ginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.SS 910, 910 . 2, 920 .41 910 .8) f CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA "m Against. the County, or District governed by) BOARD ACTION Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 1�9, 199 nd Board Action. All Section references are to ) The copy of this document mailed to you is your no ice o , California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $60.00 Section 913 and 915.4. Please note all ftd st�ounsel CLAIMANT: UPMN John Richard nu Q d 1 9°89 ATTORNEY: Date received Martinez, CA 94553 ADDRESS: 473 Almond Tree Circle BY DELIVERY TO CLERK ON August 18, 1989 Oakley, CA 94561 BY MAIL POSTMARKED: August 17, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. August 21, 1989 gpV{�IL BATCHELOR, Clerk DATED: BY: Deputy 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: 21 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 DQ This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy o.f the Board's Order entered in its minutes for this date. Q Dated: SEP 19 1989 PHIL BATCHELOR, Clerk, By J 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. 0 Dated:—SEP 2 O 1989 BY: PHIL BATCHELOR by Ott , Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: John ' chard Upton 473 Almo Tree Circle Oakley, CA 61 Re: Claim of JOHN RICHARD UPTON 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: X 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. x 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. x 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WESTMAN, County Counsel l By. l Deputy County Couns CERTIFICATE OF SERVICE BY MAIL C.C.P. §§ 1012, 1013a, 2015 .5 ; Evid. C. §§ 641, 664 ) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of 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 Xiginal-) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ ; 910, 910 . 2, 920 .4, 910 .8) j XIKI E - BOARD OF SUPERVISORS OF CONTRA Co'%RurR2 lWi application to: I,, ` Instructions to Claimant Clerk of the Board P.O.Box 911 A. Claims relating to causes of action for death or for injurynftao4533 person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the'- accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be- filed with the Clerk of the Board of Supervisors at its office in Room 106 , County ._Administration Building, 651 Pine Street, Martinez , California 94553: C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved .for Clerk' s filing stamps h ;c_bWz c4 U�)+n,n j , a; ell 71, Against the( COUNTY OF CONTRA CSTAOAUG 781989 or DISTRICT) CLERK co ;�.c0 (Fill in name) ) e ............ rr• . The undersigned claimant hereby makes claim against e County of Contra Costa or the above-named District in . the sum of $ ,6;n, U<� and in support of this claim represents as follows : -----------------------------------------------------------•------------- i When did the damage or injury occur? (Give exact date and hour) --------------------------o-r in----j---ury----occ---rs----(Include--------city-andcounty) 2. Where did the damage u -~ 3. How: did the, damage or injury occur? (Give full details , use extra s ets� if required) /4r_44- /,"� r ------------------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? LUSS rO y /012, 'ele (over) „ •nuoTa p ;o n4TTnb ST 'BUT YT-m zo ' zagOnon ' 4un000p 'TTTq `uTpTO -4uaTnpnpz_; zo as-[,e _4 nu-e ' auznuab fT aups aq-4 Xed zo mOTTe 04 pazzzoggnp 'zaoT;;o zo pzpoq abeTTzn zo pzeM '43izgsip 1�4zO 'ulyoq 'nqunOo nue 04 zo ' zaot;;O zo pzpoq ``a-4e-4s nue off. -4uauned zo; zo eouer►oTTe zo3 squasazd 'pn2z7ap og gsaquT ggTM 'oqm uoszad nzan3„ :sapznozd apo0 Tpuad aq4 ;o ZL uoT43aS 3�IZO�I ` •oN auogdaTay •og auogdaTay s sazppy azn-4pubTS s ,-4upUITPjO nauzoggvy _;o ssazppV pup auieR „ •-T'gaq stg uo uoszad autos nq zo (, auzo-4YK) :01 SSOIw01`I CiDI3S qupmTrlo aqq nq pauBTs., uTeTo aqy„ : sapznozd Z • OT6 •OaS 9po0 •4.AOO ,L�IROY��i Int3.I,I 3sdQ :nznCuT zo -4uapz-33e' sTg4 ;o qun000p uo appui nod sazngTvuadxa aq- gsiq • 6 ---_sTp�zdsoq pup szo?oop. " sassau�tri =o sassazppp Dt-2 saupN •g P+-► i •14ilcl ,�o ?/��V n ( •abpurep :Eo .,KznCuz ant-.oadsozd nup ;o qunoU'I pa4puzgsa aqq apnToui) Lpagnduioo anogp pauripTO 4unoutp aq4 spm MOH •L ---------------------------_---------------------------------------------- -y f (a6putpp o�np zoo saqpuzz4sa orifi gopq4V •pauTPTO sabEutpp zo saTTnCuz jo ----4-ua4xa-TTn; ani0) Lpa4Tnsaz urrETO non op saTznCui zo abpiuep gegM •g -----------------------=-------------=--=-------------•-------- •AznCuT .zo abpure a �butsne3"sao dura ! c p T4 4 OT ds S4UPAzas 'szaOT-;O 4OTagsTp zo Aqunoo ;o sauieu--atjq',9-z2 174et �j ,-'•S ; l"J d 0 0 s tom.;� C3� �,�U�'•. C4 �+ VA v� ct p` 1 xr J ` t j r //S-- p, CLAIM � BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 19, 1989 and Board Action. All Section references are to ) The copy of thi.s 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 p4m uant$to Government Code Amount: $10,000,000.00 Section 913 and 915.4. Please no1 %CPLi �s". CLAIMANT: PHILLIPS, Michael Robert AUG 2 lq$9 BLACK, C.J. aka Mrs. Phillips Ma %J J ATTORNEY: Z� CA 53 Date received ADDRESS: PO. BOX 606 BY DELIVERY TO CLERK ON August 21, 1989 (hand delivered) Orinda, CA 94563 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PPHHIL BATCHELOR, Clerk DATED: August 21, 1989 BY: Deputy 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: - j Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administ to (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 o.f the Board's Order entered in its minutes for this date. q Dated: SEP 1 9 1989 9 PHIL BATCHELOR, Clerk, By R ° 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. SEP 1989 ` Ep Dated: 2 O BY: PHIL BATCHELOR by J Deputy Clerk CC: County Counsel County Administrator 1 CLAIM OF MICHAEL ROBERT PHILLIPS, ) C.J. BLACK aka MRS. PHILLIPS ) 2 ) CLAIM FOR INJURIES 3 vs 3n 4 GARY T. YANCEY, PAUL SEQUEIRA, ) R E(;`173 1 V E f RICHARD K. RAINEY, GRACE CARVER, ) 5 NORMAN SPELLBERG, F1 ) THE DISTRICT ATTORNEY'S OFFICE OF ) AUG � �g$c� 6 CONTRA COSTA COUNTY, CALIFORNIA ) THE OFFICE OF THE SHERIFF-CORONER OF ) PHIL BATCHUOR CONTRA COSTA COUNTY, CALIFORNIA CLERK BOARD OF S'UPERVI�OF SUPERVISOR- - 'E a ) C TR COSTA CO. THE COUNTY OF CONTRA COSTA, CALIFORNIA ) By •••••.•• epury 8 ) -. 9 10 TO THE BOARD OF SUPERVISORS, -CONTRA COSTA COUNTY, California, with 11 a mailing address of 651 Pine Street, Martinez, California 94553: 12 You are hereby notified that MICHAEL ROBERT PHILLIPS, C.J. BLACK 13 aka MRS. PHILLIPS, hereafter referred to as the Claimants, with a mailing 14 address of P.O. Box 606, Orinda, CAlifornia 94563, claim damages from GARY 15 T. YANCEY, PAUL SEQUEIRA and THE DISTRICT ATTORNEY'S OFFICE OF CONTRA COSTA 16 COUNTY, CALIFORNIA, with a mailing address of P.O. Box 670, Martinez, 17 California 94553, claim damages from RICHARD K. RAINEY, GRACE CARVER and 18 THE OFFICE OF THE SHERIFF-CORONER OF CONTRA COSTA COUNTY, CALIFORNIA, with 19 a mailing address of P.O. Box 391, Martinez, California 94553, claim damages 20 from NORMAN SPELLBERG, with a mailing address of 725 Court Street, Martinez, 21 California 94553, and claim damages from THE COUNTY OF CONTRA COSTA, 22 CALIFORNIA with a mailing address of 651 Pine Street, Martinez, California 23 94553, in the amount, computed as of the date of the presentation of this 24 claim, of $10,000,000.00. 25 This claim is based on .the injuries as sustained by the Claimants 26 during the period of May 26, 1989 to May 29, 1989 and on the date of May 27 30, 1989, and are continuing, or similar injuries are continuing, and occurred 28 in and about the vicinity of Contra, Costa County, California and throughout -1- I the State of California, all under the following circumstances: 2 INJURY SUSTAINED DUE TO 3 MISREPRESENTATION WITH CORRUPTION 4 (Government Code, Section 822.2) 5 The Claimants have sustained injury due to Misrepresentation With 6 Corruption (Government Code, Section 822.2) by GARY T. YANCEY, PAUL SEQUEIRA, 7 THE DISTRICT ATTORNEY'S OFFICE OF CONTRA COSTA COMM, CALIFORNIA, RICHARD 8 R. RAINEY, GRACE CARVER, THE OFFICE OF THE SHERIFF-CORONER OF CONTRA COSTA 9 COUNTY, CALIFORNIA, NORMAN SPELLBERG, and THE COUNTY OF CONTRA COSTA, STATE 10 OF CALIFORNIA, as each of them, acting individually and at times acting as 11 the agent of the other, as the Claimants will seek leave by amendment and 12 by proof upon the completion of discovery herein, willfully and knowingly 13 entered into an agreement to revolk the Order of Probation of MICHAEL ROBERT 14 PHILLIPS, to have issue a Bench Warrant for the arrest of MICHAEL ROBERT 15 PHILLIPS and to have MICHAEL ROBERT PHILLIPS held without bail in a detention 16 facility, and further to falsely claim that the Probation Officer submitted 17 a report showing that MICHAEL ROBERT PHILLIPS violated the terms and 18 conditions of a probationary order, said terms of this agreement to be carried 19 out while MICHAEL ROBERT PHILLIPS was incarcerated under the Contra Costa 20 County Work Furlough Program located in Richmond, California, all of which 21 was in total disregard of the duties and responsibilities of the hereinabove 22 named employees/county offices of Contra Costa County, California, and without 23 regard for the impact of their course of action upon the Claimants or their 24 legitimate business interests and operations in Contra Costa County, 25 California, with full knowledge that their course of conduct would materially 26 injuried the Claimants both emotionally and mentally and would jeoparized 27 the Claimants legitimate business interests and operations; that the conduct 28 of YANCEY, SEQUEIRA, THE DISTRICT ATTORNEY'S OFFICE, RAINEY, CARVER, THE -2- I OFFICE OF THE SHERIFF-CORONER, SPELLBERG and THE COUNTY OF CONTRA COSTA, 2 set forth in this Claim constitutes Actual Fraud, Corruption and Actual Malice 3 as defined in Government Code, Section 822.2. 4 That the plan of YANCEY, SEQUEIRA, RAINEY, CARVER and SPELLBERG, which 5 was enacted individually and through their respective offices and positions 6 within The County of Contra Costa, State of California, was to undertake 7 a program of filing a "Revocation Of Probation" to be followed by a hearing 8 to issue an order revolking the Probation of' MICHAEL ROBERT PHILLIPS and 9 issueing a Bench Warrant for arrest and holding without bail in a detention 10 facility of MICHAEL ROBERT PHILLIPS, each under various provisions of 11 California criminal law which provided criminal penaltities, and done without 12 adequate investigation, as even where it appeared that there was a valid 13 affirmative defense and/or that the cited terms of a filed "Revocation of 14 Probation" were defective, to proceed against MICHAEL ROBERT PHILLIPS, not 15 because he had violated any law or terms of Probation, but because it was 16 their intent to make sure that both of the Claimants (and their family) would 17 suffer both personal and business set-backs in order to try to destroy the 18 very essence of their Christian life. 19 That incidental to the filing of this Claim, GARY T. YANCEY, PAUL 20 SEQUEIRA, RICHARD K. RAINEY, GRACE CARVER and NORMAN SPELLBERG informed the 21 Claimants orally and partially in writting: That the Claimants would be 22 guaranteed a fair and unbiased hearing any time they came before the Superior 23 Court, Contra Costa County; that neither YANCEY, SEQUEIRA or SPELLBERG were 24 prejudice against the Claimants; that upon MICHAEL ROBERT PHILLIPS reporting 25 to the County Work Furlough Program that this would be the final and last 26 time he would be incarcerated under the existing terms and conditions for 27 Case No. 31898; that upon MICHAEL ROBERT PHILLIPS surrendering to either 28 the Work Furlough Program or to the County Jail that this would meet the -3- I order of the Court for completing the required incarceration time left on 2 his Probation as ordered by the Court in Case No. 31898; that orders, reports 3 and/or Probation reports would be fair and accurate; that reports to the 4 Court would contain true and factual information; that SPELLBERG would have 5 varified and confirmed any and all requests for the revocation of probation 6 and/or the arrest of MICHAEL ROBERT PHILLIPS with regard to Case No. 31898; 7 that MICHAEL ROBERT PHILLIPS would be present at all hearings regarding Case 8 No. 31898; that MICHAEL ROBERT PHILLIPS would be represented at all times 9 by an Court appointed attorney for Case No. 31898; that MICHAEL ROBERT 10 PHILLIPS would have the right to have an attorney present at all hearings 11 regarding Case No. 31898; that the Claimants would be timely notified 12 regarding any hearings for Case No. 31898; that YANCEY, SEQUEIRA and SPELLBERG 13 had no special interest in the Claimants; that YANCEY, SEQUEIRA and SPELLBERG 14 wanted to put behind them Case No. 31898; that YANCEY and SEQUEIRA were not 15 out to "even the score" based on the Claimants exposing YANCEY and the D.A. 's 16 Office in their scheme to victimize small businesses in Contra Costa County 17 in accordance with the pleadings as found in the Third Amended Cross- 18 Complaint, Case No. 275765; that said representations, and each of them, 19 were false, and that YANCEY, SEQUEIRA, RAINEY, CARVER, SPELLBERG, THE .DISTRICT 20 ATTORNEY'S OFFICE, THE OFFICE OF THE SHERIFF-CORONER and THE COUNTY OF CONTRA 21 COSTA, CALIFORNIA knew the representations to be false at the time the 22 representations were made; that said representations and/or actions were 23 made for the purpose of causing the Claimants to be discredited within the 24 County, to hinder their business relationships, to have them suffer both 25 emotional and financial strains within their personal and business activities 26 and to keep incarcerated MICHAEL ROBERT PHILLIPS. 27 That in reliance upon believing the truth of the statements of YANCEY, 28 SEQUEIRA, RAINEY, CARVER and SPELLBERG, and their respective offices, -4- 1 including the COUNTY OF CONTRA COSTA, the Claimants tried to expand both 2 their personal life and business activities and looked forward to a bright 3 future with earned financial rewards. Further, the Claimants made both 4 financial and time business investments based on said reliance. 5 That the Claimants are informed, and believe, and based thereon allege 6 that the statements and represnetations of GARY T. YANCEY, PAUL SEQUEIRA, 7 RICHARD R. RA.INEY, GRACE CARVER and NORMAN SPELLBERG as aforesaid were FALSE, 8 and that in truth and fact are: That the Claimants would not be guaranteed 9 a fair and unbiased hearing any time they came before the Superior Court, 10 Contra Costa County; that YANCEY, SEQUEIRA and SPELLBERG were prejudice 11 against the Claimants; that based on SPELLBERG'S bias and prejudice during 12 the discharge of his duties as Judge, he uses his position to systematically 13 send Gentiles to the penal system here in California; that after MICHAEL 14 ROBERT PHILLIPS reported to the County Work Furlough Program and while he 15 was incarcerated in Richmond, California, YANCEY, SEQUEIRA, RAINEY, CARVER 16 and SPELLBERG had a Bench Warrant issued for the arrest of MICHAEL ROBERT 17 PHILLIPS, to be held without bail, and had PHILLIPS' Order of Probation 18 revolked, each being done on May 30, 1989; that orders, reports and Probation 19 reports were neither fair or accurate nor were they true or factual and they 20 were not submitted by a Probatin Officer; that SPELLBERG knew that PHILLIPS 21 was at the Work Furlough falicity located in Richmond, California and that 22 SPELLBERG had no intention to verify or confirm any requests for the issuance 23 of a Revocation Of Probation and/or the arrest of PHILLIPS, each based on 24 him alleging not being at said facility; that the Claimants were denied the 25 right to be present at all hearings, be represented at all hearings by an 26 attorney or be timely notified regarding any hearings for Case No. 31898; 27 that YANCEY, SEQUEIRA and SPELLBERG had a very special interest in the 28 Claimants and they did not want to put behind them Case No. 31898; and that -5- 1 YANCEY and SEQUEIRA wanted to "even the score" with the Claimants based on 2 the Claimants exposing GARY T. YANCEY and the D.A. 's Office in their scheme 3 to victimize small business in Contra Costa County in accordance with the 4 pleadings as found in the Third Amended Cross-Complaint, Case No. 275765. 5 That the effect of such conduct was to materially interfere with the 6 business activities and personal life of the Claimants, and to cause them 7 emotional pain, suffering and anxiety; that the exact nature and extent of 8 the injuries to the Claimant's business activities is presently unknown to 9 the Claimants, but the Claimants will seek to show the same by amendment 10 and proof when the same becomes known to them. 11 That said conduct of GARY T. YANCEY, PAUL SEQUEIRA, THE DISTRICT 12 ATTORNEY'S OFFICE, RICHARD K. RAINEY, GRACE CARVER, THE OFFICE OF THE SHERIFF- 13 CORONER OF CONTRA COSTA COUNTY, NORMAN SPELLBERG and THE COUNTY OF CONTRA 14 COSTA, CALIFORNIA, was fraudulant, oppressive and without regard for the 15 rights of the Claimants and was with actual malice towards the Claimants, 16 and was intended to and did deceive, vex, annoy and harm the Claimants, and 17 that by reason thereof, the Claimants are entitled to General Damages in 18 the amount of One ?Million Dollars ($1,000,000.00) and Special Damages in 19 the amount of One Million Dollars ($1,000,000.00). 20 That further the aforesaid conduct of GARY T. YANCEY, PAUL SEQUEIRA, 21 THE DISTRICT ATTORNEY'S OFFICE, RICHARD K. RAINEY, GRACE CARVER, THE OFFICE 22 OF THE SHERIFF--CORONER OF CONTRA COSTA COUNTY, NORMAN SPELLBERG and THE COUNTY 23 OF CONTRA COSTA, CALIFORNIA was fraudulant, oppressive and without regard 24 for the rights of the Claimants and therefore entitles the Claimants to both 25 Punitive and Exemplary Damages in an amount to be determined by proof and 26 shown by amendment. 27 28 -6- I INJURY SUSTAINED DUE TO 2 MISREPRESENTATION WITH ACTUAL MALICE 3 (Government Code, Section 822.2) 4 The Claimants refer to and by such reference incorporate herein 5 in full all of the claims of the above paragraphs herein. 6 That the motive of GARY T. YANCEY, PAUL SEQUEIRA, RICHARD K. RAINEY, 7 GRACE CARVER and NORMAN .SPELLBERG was to willingly vex, harass, annoy and 8 injury the Claimants, and constitute a series of acts conceived in a spirit 9 of mischief and with criminal indifference towards the obligations owed by 10 them to the Claimants; that the motive of YANCEY, SEQUEIRA, RAINEY, CARVER 11 and SPELLBERG in performing the acts set forth herein was (and still is) 12 evil, not beneficial. 13 That incidental to the filing of this Claim, GARY T. YANCEY told 14 the Claimants that it was his intent to (1) run them out of the County, (2) 15 close down their businesses, and (3) put them into bankruptcy. That PAUL 16 SEQUEIRA stated that it was his duty to follow the instructions of YANCEY 17 as well as to see that MICHAEL ROBERT PHILLIPS had additional incarceration 18 time added, and to use any means to attack the character of both of the 19 Claimants. That NORMAN SPELLBERG, during a hearing conducted on July 21, 20 1989 in Dept 14 stated on the record a number of times about an alleged 21 $80,000.00 which he said that MICHAEL ROBERT PHILLIPS received in settlement 22 and that this act of SPELLBERG was to influence the hearing as held, and 23 could be construed as how the financial status of the Claimants were to be 24 destroyed by SPELLBERG and by YANCEY and SEQUEIRA. 25 That further in the acts by YANCEY, SEQUEIRA and SPELLBERG, they 26 did contact others, to include the press (i.e. , Lesher Communications and 27 its relative newspapers), to knowingly release information regarding the 28 Claimants for the sole purpose to interfer with both their personal life -7- 1 and business activities; that the effect of such conduct was to intentionally 2 communicate to others the impression that they should not deal with or be 3 in contact with the Claimants. 4 That in the filing of this Claim, as aforesaid, YANCEY, SEQUEIRA and 5 SPELLBERG were fully aware that the Claimants would be required, in the course 6 of their business dealings, to advise both investors and potential investors, 7 and financial institutions with whom the Claimants were in fact dealing with 8 or had occasion to contact in the course of business, of the acts herein 9 described taken by YANCEY, SEQUEIRA and SPELLBERG, as well as any probation 10 that may have been revolked and/or any arrests of MICHAEL. ROBERT PHILLIPS. 11 That it was and still is, the intent of YANCEY, SEQUEIRA and SPELLBERG to 12 make sure that the Claimants are discredited and that the effect thereof 13 to impair the ability of the Claimants to continue business operations. 14 That the effect of such conduct was to materially interfere with the 15 business activities and personal life of the Claimants, and to cause them 16 emotional pain, suffering and anxiety; that the exact nature and extent of 17 the injuries to the Claimant's business activities is presently unknown to 18 the Claimants, but the Claimants will seek to show the same by amendment 19 and proof when the same becomes know to them. 20 That said conduct of GARY T. YANCEY, PAUL SEQUEIRA, THE DISTRICT 21 ATTORNEY'S OFFICE, RICHARD R. RAINEY, GRACE CARVER, THE OFFICE OF THE SHERIFF 22 -CORONER OF CONTRA COSTA COUNTY, NORMAN SPELLBERG and THE COUNTY OF CONTRA 23 COSTA, CALIFORNIA, was fraudulant, oppressive and without regard for the 24 rights of the Claimants and was with actual malice towards the Claimants, 25 and was intended to and did deceive, vex, annoy and harm the Claimants, and 26 that by reason thereof, the Claimants are entitled to General Damages in 27 the amount of One Million Dollars ($1,000,000.00) and Special Damages in 28 the amount of One Million Dollars ($1,000,000.00). -8- 1 That further the aforesaid conduct of GARY T. YANCEY, PAUL SEQUEIRA, 2 THE DISTRICT ATTORNEY'S OFFICE, RICHARD R. RAINEY, GRACE CARVER, THE OFFICE 3 OF THE SHERIFF-CORONER OF CONTRA COSTA COUNTY, NORMAN SPELLBERG and THE COUNTY 4 OF CONTRA COSTA, CALIFORNIA was fraudulant, oppressive and without regard 5 for the rights of the Claimants and therefore entitles the Claimants to bot 6 Punitive and Exemplary Damages in an amount to be determined by proof an 7 shown by amendment. 8 9 INJURY SUSTAINED DUE TO CONSPIRACY 10 The Claimants have sustained injury due to Conspiracy by GARY T. 11 YANCEY, PAUL SEQUEIRA, RICHARD K. RAINEY, GRACE CARVER and NORMAN SPELLBERG, 12 while acting outside of their respective scope and/or authority of thea 13 governmental capacity, as each of them, acting individually and at time 14 acting as the agent of the other, as the Claimants will seek leave of the 15 Court by amendment and by proof upon the completion of discovery herein, 16 willfully and knowingly conspired and agreed to take action to interfere 17 with and destroy the business of the Claimants, the personal life of the 18 Claimants, and to apply pressure to the Claimants to cease their business 19 operations, and to join in a conspiracy by others, to be named as their name 20 become known to the Claimants, each act targeted against the Claimants. 21 That in furtherance of this conspiracy and agreement, YANCEY, SEQUEIRA, 22 RAINEY, CARVER and. SPELLBERG did: 23 1. Undertake a plan to have filed a "Revocation Of Probation" i 24 Department 14 of the Superior Court of Californai, Contra Costa County, for 25 Case No. 31898 against MICHAEL ROBERT PHILLIPS which was followed by a hearing 26 in which there was isssued an order revolking the Probation of MICHAEL ROBER 27 PHILLIPS and the issuing of a Bench Warrant for the arrest, and holding 28 without bail in a detention facility, of MICHAEL ROBERT PHILLIPS. -9- 1 2. Have GRACE CARVER sign and send a letter dated 5/30/89 to the 2 Superior Court, Department 14, falsely advising that MICHAEL ROBERT PHILLIPS, 3 Docket 131898-0 "Failed to show for commitment commencement date of 5/22/89." 4 That said letter was generated out of the office of RICHARD R. RAINEY and 5 used official stationary of the Sheriff-Coroner of Contra Costa County. 6 3. Undertake a hearing on 5/30/89 in Department 14 of the Superior 7 Court before NORMAN SPELLBERG, Judge of said Court, for Case No. 31898, in 8 which MICHAEL ROBERT PHILLIPS would not be present nor any attorney be present 9 to represent him, in order to issue an order, in absentia, that would revolk 10 the probation and have issued a bench warrant for the arrest, to be held 11 without bail, of MICHAEL ROBERT PHILLIPS. That said order would be in the 12 form of a "Revocation Of Probation" and that it would falsely be based on 13 a Probation Officer submitting a report showing that MICHAEL ROBERT PHILLIPS 14 violated the terms and conditions of said probationary order. 15 4. That any action revolking the probation or having arrested MICHAEL 16 ROBERT PHILLIPS would be automatically approved by NORMAN SPELLBERG and that 17 he would not check out any of the allegations by simply picking up the 18 telephone and calling to see if PHILLIPS reported on his commencement date 19 of 5/22/89 for incarceration into the Work Furlough Program located in the 20 City of Richmond, California. 21 5. Undertake hearing(s) in which neither of the Claimants would be 22 notified nor would any attorney associated with or any Attorney of Record 23 for the Claimants be notified regarding said hearing(s). 24 6. Use every means to discredit the Claimants and to "even the score" 25 based on the Claimants exposing YANCEY and the D.A.'s Office in their scheme 26 to victimize small businesses in Contra Costa County in accordance with the 27 pleadings as found in the Third Amended Cross-Complaint, Case No. 275765. 28 7. Undertake a program to trade convictions and arrests of MICHAEL -10- 1 ROBERT PHILLIPS for less active political individuals. That said program 2 was taken for the purpose to discredit and defame both of the Claimants. 3 8. Undertake a program to continue to allow, based on SPELLBERG'S 4 bias and prejudice during the discharge of his duties as Judge, to use his 5 position to systematically send Gentiles to the penal system here in the 6 State of California. 7 9. Threatened the Claimants by releasing defamatory statements, 8 as previously pled hereinabove, to individuals and/or the press, in an effort 9 to destroy the confidence of the public and customers, both those present 10 and potential, in the Claimants. 11 That YANCEY, SEQUEIRA, RAINEY, CARVER and SPELLBERG do not have, 12 nor have they every had, any interest, right, title or claim, directly or 13 indirectly, in any business activities of the Claimants. 14 That YANCEY, SEQUEIRA, RAINEY, CARVER and SPELLBERG cooperated, aided 15 and encouraged and ratified and adopted acts, herein described, and other 16 acts yet to be determined as discovery is on-going, which resulted in the 17 actual damage, and injuries, to the Claimants from tortious act(s) done in 18 pursuance of the conspiracy. 19 That the effect of such conduct was to materially interfere with 20 the business activities, and the personal life, of the Claimants, and to 21 cause them emotional pain, suffering and anxiety; that the exact nature and 22 extent of the injuries to the Claimants' business activities, and to the 23 personal life of the Claimants, is presently unknown to the Claimants, as 24 the Claimants will seek to show the same by amendment and proof when the 25 same becomes known to them. 26 That said conduct of GARY T. YANCEY, PAUL SEQUEIRA, RICHARD K. RAINEY, 27 GRACE CARVER and NORMAN SPELLBERG, was fraudulant, oppressive and without 28 regard for the rights of the Claimants and was intended to and did deceive, -11- I ves, annoy and harm the Claimants, and that by reason thereof, the Claimants 2 are entitled to General Damages in the amount of One Million Dollars 3 ($1,000,000.00) and Special Damages in the amount of One Million Dollars 4 ($1,000,000.00). 5 That further, the aforesaid conduct of GARY T. YANCEY, PAUL SEQUEIRA, 6 RICHARD K. RAINEY, GRACE CARVER and NORMAN SPELLBERG was fraudulent, 7 oppressive and without regard for the rights of the Claimants and therefore 8 entitles the Claimants to both Punitive and Exemplary Damages in an amount 9 to be determined by proof and shown by amendment. 10 11 INJURY SUSTAINED DUE TO INTENTIONAL 12 INFLICTION OF EMOTIONAL DISTRESS 13 The Claimants refer to and by such reference incorporate herein in full 14 all of the claims as stated in the INJURY SUSTAINED DUE TO CONSPIRACY. 15 The Claimants have sustained injury due to Intentional Infliction Of 16 Emotional Distress by GARY T. YANCEY, PAUL SEQUEIRA, RICHARD K. RAINEY, GRACE 17 CARVER and NORMAN SPELLBERG, while acting outside of their respective scope 18 and/or authority of their governmental capacity, as each of them, acting 19 individually and at times acting as the agent of the other, as the Claimants 20 will seek leave of the Court by amendment and by proof upon the completion 21 of discovery herein, intentionally, willfully and knowingly harassed, shamed 22 and mortified the Claimants by: Having GRACE CARVER sign and send a letter 23 dated 5/30/89 to the Superior Court, Department 14, flasely advising that 24 MICHAEL ROBERT PHILLIPS, Docket #31898-0, "Failed to show for commitment 25 commencement date of 5/22/89."; Revolking the Probation and having issued a 26 bench warrant for the arrest, to be held without bail, of MICHAEL ROBERT 27 PHILLIPS; Undertaking a hearing in which neither Claimant was present; 28 Undertaking hearing(s) in which the Claimants did not have or were even given -12- 1 any Notice of said hearing(s); using every means available to them in order 2 to discredit the Claimants and to "even the score" based on the Claimants 3 exposing YANCEY and the D.A. 's Office in their scheme to victimize small 4 businesses in Contra Costa County in accordance with the- pleadings as found 5 in the Third Amended Cross-Complaint, Case No. 275765; undertaking a program 6 to trade convictions and arrests of MICHAEL ROBERT PHILLIPS for less active 7 political individuals; undertaking a program to continue to allow, based on 8 SPELLBERG`S bias and prejudice during the discharge of his duties as Judge, 9 to use his position to systematically send Gentiles to the penal system here 10 in the State of California; threatening the Claimants by releasing defamatory 11 statements, as proviously pled hereinabove, to individuals and/or the press, 12 in an effort to destroy the confidence of the public and customers, both those 13 present and potential, in the Claimants; supplying venders, accounts, dealers 14 and banks, associated with the Claimants, with false and injureous statements 15 concerning said Claimants; entering into a Conspiracy; interfering with the 16 business activities of the Claimants; misleading and distorting facts for the 17 purpose of damaging the business essence, operations and the credibility of 18 the Claimants; committing Fraud and Deceit; exposing the Claimants to harted, 19 contempt and distrust among both their profession, venders of products, banks, 20 agencies and buyers of their products; spreading defamatory statements about 21 the Claimants; and other acts which will be established, at the time of the 22 hearing and/or trial, by amendment and proof. 23 That by reason of the aforementioned conduct, and by reason of the 24 extremely outrageous nature of YANCEY'S, SEQUEIRA'S, RAINEY'S, CARVER'S and 25 SPELLBERG conduct, they have willfully intended to cause the Claimants severe 26 emotional distress and anguish through their reckless disregard of the 27 probability that said conduct would cause emotional distress to the Claimants. 28 As a direct and proximate cause of YANCEY'S, SEQUEIRA'S, RAINEY'S, -13- I CARVER'S and SPELLBERG'S conduct as herein alleged, the Claimants, and each 2 of them, have suffered severe emotional distress and anguish and continue to 3 suffer severe emotional distress and anguish. 4 That in addition thereto, as a result of such emotional distress and 5 anguish, Claimant C.J. BLACK aka MRS. PHILLIPS, has sustained physical 6 symptoms and conditions related thereto which have required her to undergo 7 the treatment of physicians and surgeons; that the Claimants do not know the 8 total amount of the fees and expenses incidental thereto, but will seek leave 9 to show the same by amendment and proof at the time of the hearing and/or the 10 trial. 11 That said conduct of GARY T. YANCEY, PAUL SEQUEIRA, RICHARD K. RAINEY, 12 GRACE CARVER and NORMAN SPELLBERG was fraudulant, oppressive and without any 13 regard for the rights of the Claimants and was intended to and did deceive, 14 vex, annoy and harm the Claimants, and that by reason thereof, the Claimants 15 are entitled to General Damages in the amount of One Million Dollars 16 ($1,000,000.00) and Special Damages in the amount of One Million Dollars 17 ($1,000,000.00). 18 That further the aforesaid conduct of GARY T. YANCEY, PAUL SEQUEIRA, 19 RICHARD K. RAINEY, GRACE CARVER and NORMAN SPELLBERG was fraudulant, 20 oppressive and without regard for the rights of the Claimants and therefore 21 entitles the Claimants to both Punitive and Exemplary Damages in an amount 22 to be determined by proof and shown by amendment. 23 24 INJURY SUSTAINED DUE TO NEGLIGENT 25 INFLICTION OF EMOTIONAL DISTRESS 26 The Claimants refer to and by such reference incorporate herein in full 27 all of the claims as stated in the INJURY SUSTAINED DUE TO CONSPIRACY and the 28 INJURY SUSTAINED DUE TO INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. -14- I The Claimants have sustained injury due to Negligent Infliction Of 2 Emotional Distress by GARY T. YANCEY, PAUL SEQUEIRA, RICHARD. K. RAINEY, GRACE 3 CARVER and NORMAN SPELLBERG, while acting outside of their respective scope 4 and/or authority of their governmental capacity, as each of them, acting both 5 individually and at times acting as the agent of the other, as the Claimants 6 will seek leave by amendment and by proof upon the completion of discovery 7 herein, were under the duty to exercise due care in the prevention of 8 Emotional Distress to the Claimants, and that YANCEY, SEQUEIRA, RAINEY, CARVER 9 and SPELLBERG have breached this duty, acting with reckless disregard of the 10 probability that said conduct would cause severe emotional distress and 11 anguish and as a direct result of this conduct the Claimants have suffered 12 and continue to suffer great mental and nervous pain and suffering. 13 That by reason of the negligent and careless conduct of YANCEY, 14 SEQUEIRA, RAINEY, CARVER and SPELLBERG, as aforesaid, the Claimants, and each 15 of them, have suffered severe emotional distress and anguish and continue to 16 suffer severe emotional distress and anguish. 17 That in addition thereto, as a result of such emotional distress and 1$ anguish, Claimant C.J. BLACK aka MRS. PHILLIPS has sustained physical symptoms 19 and conditions related thereto which have required her to undergo the 20 treatment of physicians and surgeons; that the Claimants do not know the total 21 amount of the fees and expenses incidental thereto, but will seek to show the 22 same by amendment and proof at the time of the hearing and/or trial. 23 That said conduct of GARY T. YANCEY, PAUL SEQUEIRA, RICHARD K. RAINEY, 24 GRACE CARVER and NORMAN SPELLBERG was fraudulant, oppressive and without any 25 regard for the rights of the Claimants and was intended to and did deceive, 26 vex, annoy and harm the Claimants, and that by reason thereof, the Claimants 27 are entitled to General Damages in the amount of One Million Dollars 2$ ($1,000,000.00) and Special Damages in the amount of One Million Dollars -15- 1 ($1,000,000.00). 2 That further the aforesaid conduct of GARY T. YANCEY, PAUL SEQUEIRA, 3 RICHARD K. RAINEY, GRACE CARVER and NORMAN SPELLBERG was fraudulant, 4 oppressive and without regard for the rights of the Claimants and therefore 5 entitles the Claimants to both Punitive and Exemplary Damages in an amount 6 to be determined by proof and shown by amendment. 7 8 ADDITIONAL CLAIMS, FACTS AND INFORMATION 9 The names of the public employees causing the Claimant's injuries under 10 the herein above described circumstances are: GARY T. YANCEY, PAUL SEQUEIRA, 11 RICHARD K. RAINEY, GRACE CARVER and NORMAN SPELLBERG, and, the name of the 12 public agencies are: THE DISTRICT ATTORNEY'S OFFICE OF CONTRA COSTA COUNTY, 13 CALIFORNIA, THE OFFICE OF THE SHERIFF-CORONER OF CONTRA COSTA COUNTY, 14 CALIFORNIA and THE COUNTY OF CONTRA COSTA, CALIFORNIA. 15 Based on discovery being on-going, other names and acts may be herein 16 discovered at which time it would be requested by the Claimants to amend this 17 Claim. The Claimants do not know the true names or capacities of all of the 13 public employees, acting either (1) within or (2) outside of their respective 19 scope and/or authority of their governmental capacity, causing the Claimants' 20 injuries and that the Claimants will seek leave to amend this Claim for those 21 injuries to show the true name(s) and capacities, as well as additional acts, 22 of each as they become known to the Claimants. 23 The injuries sustained by the Claimants, as far as known, as of the 24 date of the presentation .of this Claim, consist of: those described herein 25 above to include: MISREPRESENTATION WITH CORRUPTION, MISREPRESENTATION WITH 26 ACTUAL MALICE, CONSPIRACY, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS and 27 NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS. 28 -16- 1 AMOUNT OF CLAIM 2 The Amount claimed, as of the date of presentation of this claim is 3 computed as follows: 4 Damages Incurred To Date 5 MISREPRESENTATION WITH CORRUPTION 6 General Damages $1,000,000.00 7 Special Damages $1,000,000.00 8 Punitive/Exemplary Damages Pursuant to Proof 9 MISREPRESENTATION WITH ACTUAL MALICE 10 General Damages $1,000,000.00 11 Special Damages $1,000,000.00 12 Punitive/Exemplary Damages Pursuant to Proof 13 CONSPIRACY 14 General Damages $1,000,000.00 15 Special Damages $1,000,000.00 16 Punitive/Exemplary Damages Pursuant to Proof 17 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 18 General Damages $1,000,000.00 19 Special Damages $1,000,000.00 20 Punitive/Exemplary Damages Pursuant to Proof 21 NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 22 General Damages $1,000,000.00 23 Special Damages $1,000,000.00 24 Punitive/Exemplary Damages Pursuant to Proof 25 LOSS OF EARNINGS Pursuant to Proof 26 MEDICAL TREATMENT Pursuant to Proof 27 OTHER JUST RELIEF To be Determined 28 LEGAL FEES AND COSTS To be Determined -17- h I Total Damages Incurred To Date $10,000,000.00 2 Estimated Prospective Damages As Far As Known 3 FUTURE EXPENSES Pursuant to Proof 4 LOSS OF EARNINGS To be Determined 5 GENERAL DAMAGES $5,000,000.00 6 SPECIAL DAMAGES $5,000,000.00 7 MEDICAL TREATMENT Pursuant to Proof 8 LEGAL FEES AND COSTS $ 100,000.00 (Est) 9 Total Estimated Prospective Damages $10,100,000.00 10 TOTAL AMOUNT CLAIMED AS OF THE DATE OF PRESENTATION OF THIS CLAIM 11 $10,000,000.00 12 plus 13 Damages Pursuant to Proof 14 15 ALL NOTICE OR OTHER COMMUNICATIONS WITH REGARD TO THIS CLAIM SHOULD 16 BE SENT TO THE CLAIMANTS AT: 17 P.O. Box 606 18 Orinda, CA 94563 19 That the Claimants will pray for additional claims/amounts based on 20 additions and/or changes of the claims/acts or based on any amendments to this 21 Claim and pursuant to proof. 22 DATED: August 21, 1989 23 24 25 MICHAEL ROBERT PHILLIPS 26 27 L��6�Ate-. 28 C.J. BLACK aka MRS. PHILLIPS -18-