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MINUTES - 09261989 - 1.13
` CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim 47171lnst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 26, 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: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: SCHAPIRO, Nick ATTORNEY: Date received ADDRESS: 2633 F Oak Road BY DELIVERY TO CLERK ON August 24, 1989 (from Risk Mgmt.) Walnut Creek, CA 94596 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: August 25, 1989 IVIL BATCHELOR, Clerk loe II. FROM: County Counsel TO: Clerk of the Board of Supervisors ^�( ) This claim complies substantially with Sections 910 and 910.2. (V ) 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: r Dated: zrj� �y 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 af•the Board's Order entered in its minutes for this date. Dated: S E P 2 6 1989 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code secti 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: S F P 2 R 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND OR NON-ACCEPTANCE OF CLAIM TO: Nick Schapiro 2633 F 0 "oad Walnut Creek, CA 94596 Re: Claim of NICK SCWIRO 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. 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. 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICT ESTMAN, County Counsel By• I Deputy County Co e CERTIFICATE OF SERVICE BY MAIL C.C.P. §§ 1012, 1013a, 2015.5; Evid. C. §S 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 ( iginal) / Risk Management L� (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.SS 910, 910 . 2, 920 .41 910 . 8 ) August 7, 1989 EC!'FE, I V E D To: Contra Costa County I U G 2 4 1989 PHIL GA70HELOR From: Nick Schapiro CLE:sK OARD OF°UPERViSCR 2633 F Oak Rd. �J o t co. Walnut Creek, CA. 94596 13Y """"' "' Deputy Home 933-2968 Pager 425-1237 To who it concern, On Friday August 5, I was traveling east on Marsh Creek Road, toward Stockton, when I came up to the road construction by the mobile home park about 8 miles east of Clayton. Traffic was heavy, the right lane was closed, the speed limit was posted as 25 MPH, and the flow of traffic was controlled by flag men. I was in a line of about 15 cars driving on the left hand side of the road at about 15 MPH when a Contra Costa County pickup, (#5620) , passed me from behind going about 40 MPH. The condition of the road where this took place was freshly oiled and graveled. The pickup sprayed the side and front of my car with gravel, severely pitting the paint. Shortly following the pickup was a gravel truck, (CA#94-416 Archibald) , traveling at the same speed, adding insult to injury. My car is only two months old so I hope you will understand my pressing this issue. I can be contacted at the number and address above and would appreciate a response as soon as possible. Thank you for your time. Sincerely, Nick Schapiro unty Ou HARUEY Cow costsD August 22 , 1989 AUG24 4 RUG To: Ron Harvey isk �enagPa"t Dear Ron, Enclosed is a copy of the letter I sent last week. The county number that was on the truck is mentioned in the letter to help you reconstruct the events that happened. If you have any questions please call. Thank you. Sincerely, Nick kSSchapiro u CLAIM 1. 1,j 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 26, 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: $181.15 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MARTIN, Kevin County Counsel ATTORNEY: AUG 2 3 1989 Date received Martinez, Y A 9� 3 ADDRESS: x+950 Morgan Territory Rd. BY DELIVERY TO CLERK ON AL 2� 1989 From Sk Mgmt. Clayton, CA 94517 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 23, 1989 gyIL BeputyLOR, 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: 21 fl �9 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 ORD R: 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. Dated: SEP 2 6 'geq _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. Dated: SEP 2 6 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, 19872 . must be presented not. later than the 100th day after the accrualof 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 ) Res d. Lq_C Clerk's filing stamp ) i R E E Du Against the County of Contra Costa ) ����G- 1989 or ) PHIL BATCHELOR CLEF BOARD OF SUPERVISORg District) CONTRA COSTA CC. By ...... Oeputy Fill in name ) The undersigned claimant hereby makes claim against .the County of Contra Costa or the above-named District in the sum of $ 1 g J , Sand in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? - (Give exact date and hour) ---------------- i-------------------------------------------------------------------- 2. Where did the damage or .injury occur? (Include city and county) �4lts.tlt C2E.E'K''' ,eo V7B,A.2 C a,VT,t,.Q LvsrA . ------------------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details; use extra paper if required) '' 5, . ;,�,C-i.��NC� S'auTpl a5AST aitJ ,q<1X Cc-k au54 TN E ,VFW Ly Cz-"iJ r�-[A,D AX_4A1 CJ gAAJ A °M e.e.e.Ae. 6o,/.UL, i.,j TAe_ o PPo li T� .DA G vA/ PA S-Y9W ka 7"al.�ac.�JN 6 . C�•tA ✓ L. s.[ � ou K E9 A--CAA<-4 ' /it.)- Ae_d d 4 Al V ------ - - 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? 1 BLca&J4e-E FiLAE.PizA:- T u jC, ar -/W Er w* va.1.[.c e (�o u j,o N44)A_c ����Z`tJ i=.�? 6_-,_A J6,L_ -rP/.c.6LJ/V Jk�fi A r (over) 5. What are the names of county or district. officers,, servants. or employees causing- r' 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. �A w NJs�l��:�D !-�A,./ ��.A .D Wit!��t LJ A).Dx'<l,E,c.o -------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury.or damage.) ITLG,t'T `'/�l t).c -71-1,S Y. 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 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney)'.. or by someperson on his behalf." Name and Address of Attorney' Claimant's Signature Address CLA L/T'v AJ G-(. `fy S'17 Telephone"No. Telephone No. 67 z_..-- '6 3 C.2 Contra Costa Count„ N OTIC E RECE�DIED Sect.ion. 72 of the Penal Code provides: AUG 21 1989 "Every person who, with intent to defraud, pAwkyw agmatce 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, •aecount., 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 ($10,000, or by ,both such, impr,isonment and. f.ine. ! 1 f 3�+ i 1�• 'r_.. (.}i.'!;i_a 1 t:vt„ Lief N ! ;;'`, _,. WINDSHIELDS AMERICA, Inc. I,i_+� z� r r!f. r¢ Vis; ' t) i6�i t:`i' ;. Western Regional Office H11-1.1.. H 1 '= 7160 Irving Street Westminster, CO 80030 (303) 426-7160 PLEASE REFERENCE INV.NO.ON PAYMENTS PURCHASE ORDERIPOUCY NO.' CLAIlN{NUMBER DAlE'O LO55 , TAKEN BY ZONE, rNV010E DATE `•:WORK ORDER` QRDER;DAYE INSfiALL'ERISHIPtt,VtA, D'EDUCTIBL /TERMS,' VERIFIEDiBY ;CAbSf INSURER/BILL TO: CUST. NO. INSURED/OWNER: ':�i;::•h� •:�+r�t.,�_'�f 111`�i.. r ,: �i 't•'lt.ii 11_I!'1C.f^f�(' 3::i_'."}:_., i� - til-..f�l'�I'::L3t-=$ f�r::, .-'L.1":+=i4`,'•�#,•i•i I_!:[.i..E..: Ct;"; TYPE,(7F VEHICLE, `VEHICLE ID NO:.:.. gLIyCENSE.NOj� PH'OtdE NUMBER,- t-1, .r�4l�[? ,;e} r..r(-ti_ I��(-+ 2. 1 '` 6' "`F :'S�. _ .•�.. _. QUANTYtY QUANTITY ' UNIT PART NUMBER DESCRIPTION; aRpi RSD `SH1PPEp LIST PRICE alsC a1€AsuR G4 ra,!{5.l f: f.•r' i ;"1'.t'1i9'-.It r? .ci {r..r#,_ 4It r f� toy l L 0 01 A, ' 'k; t I_ ....3 e 1 f`;-le:.. !`•Is"'+I' r: lai::: i,_.!: l+.ts i ,. I.f...t11 �`• DAY M T W T F S S M/S WAIT CWC TOTAL NON-CRITICAL ��;;;E' CRITICAL T©TAL PARTS a.» LA6OR t. SALE:5 TAX, ` '• :0.> STATEMENT OF AUTHORIZATION AND SATISFACTION REPLACEMENT HAS BEEN MADE TO MY SATISFACTION AND I HEREBY AUTHORIZE THE ABOVE INSURANCE COMPANY TO PAY DIRECT IN FULL TO WINDSHIELDS AMERICA,INC.FOR SAID INSTALLATION.IF FOR ANY "_ PEDUp, B • •I ;-'�• ,- -� REASON THE INSURANCE COMPANY DOES NOT PAY FOR THESE REPAIRS OR REPLACEMENTS,THE BELOW SIGNED AGREES TO PAY FOR SAID REPAIRS OR REPLACEMENT. Al RET 7ML f SATE � SIGNATURE , PLEASE REMIT PAYMENTS TO WINDSHIELDS AMERICA,INC.,7160 IRVING ST.,WESTMINSTER,CO 80030 FEDERAL I.D.NO.84-0628277 DOCUMENT CONTROL I.D. 7t a 5-t i pAbf� � •4 w t A 19 f �r CLAIM }' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA /' J3 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 26, 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: Undetermined Section 913 and 915.4. Please note all "Warnings". County Counsel CLAIMANT: SAFEWAT STORES, INC. ATTORNEY: Gerald P. Martin, Jr. AUG 2 3 1989 Martin, Ryan & Andrada Date received Marttnl ZCp 94553 ADDRESS: Ordway Bldg., Suite 2275 BY DELIVERY TO CLERK ON August 22, 1989 (1;iYZ elivered) One Kaiser Plaza Oakland, CA 914612 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 Q� DATED: August 23, 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: I Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim.is rejected in full. ( ) Other: I certify that this is a true and correct copy o.f the Board's Order entered in its minutes for this date. Dated: SEP 2 6 lgRq PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code secti 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 6 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator MARTIN, RYAN & ANDRADAR E A Professional Corporation 0 E Ordway Building, Suite 2275 i 2 One Kaiser Plaza u is 1989 Oakland, CA 94612 (415) 763-6510 PHIL BA(CIJP!_OR L j 4"X RDOF 0ERWSORC N RA CO, = COAttorneys for Claimant _ SAFEWAY STORES , INC. CLAIM AGAINST CONTRA COSTA COUNTY HEALTH DEPARTMENT TO: CLERK OF THE BOARD OF SUPERVISORS, 651 Pine Street, Room 106, Martinez, CA 94553: SAFEWAY STORES, INC. , hereby makes a claim against the CONTRA COSTA COUNTY HEALTH DEPARTMENT and makes the following statement in support thereof: 1. Claimant ' s post office address is: SAFEWAY STORES , INC. , 201 - 4th Street, Oakland, California 94607. 2. Notices concerning the claim should be sent to Gerald P. Martin, Jr. , Martin, Ryan & Andrada, One Kaiser Plaza, Suite 2275, Oakland, CA 94612. 3. The date and place of the occurrence giving rise to this claim are as follows: On or about February 22, 1989 SAFEWAY STORES , INC. , was served with. a complaint by Farmers Insurance Exchange v. Safeway Stores, Inc. , et al. (Case No. 094197) . The action was filed in the Municipal Court of California, County of Contra Costa, Bay Judicial District. On or about February 22, 1989 SAFEWAY STORES, INC. , was served with a complaint by Farmers Insurance Exchange v. Safeway Stores, Inc. , et al. (Case No. 094198) . The action was filed in the Municipal Court of California, County of Contra . Costa, Bay Judicial District. -1- On or about February 22, 1989 SAFEWAY STORES , INC. , was served with a complaint by Mid Century Automobile Insurance Company v. Safeway Stores, Inc. , et al. (Case No. 094196) . The action was filed in the Municipal Court of California, County of Contra Costa, Bay Judicial District. 4. The circumstances giving rise to liability are as follows: SAFEWAY STORES , INC. , owned and operated a distribution center warehouse at 2900 Hoffman Boulevard, City of Richmond, County of Contra Costa, State of California. On July 11, 1988 , there was a fire in the warehouse. The fire burned for a number of days. The above-described lawsuits involve claims by plaintiffs for personal injury and property damage as a result of exposure to smoke from the July 11, 1988 fire at the Safeway distribution center warehouse in Richmond, California. Among other allegations, plaintiffs contend that the fire should have been extinguished immediately and that plaintiffs should have been evacuated. Safeway contends that the Contra Costa County Health Department was responsible for monitoring the air quality in the area of the fire, advising community residents with regard to air quality, evacuating the area if necessary, rendering advice to the Richmond Fire Department regarding the necessity for extinguishing the fire, and for issuing any health advisories necessitated by the fire. The Contra Costa County Health Department was also responsible for monitoring the presence of toxins, if any, and rendering health advisories, if any such advisories were necessary. As a result of the Contra Costa County Health Department' s failure to properly manage the Safeway fire and its aftermath, claimant contends that it is entitled to indemnity for the damages sought in the above-described complaints. 5. General Description of Injury, Damage or Loss Incurred: Claimant is entitled to equitable or partial indemnity from the Contra Costa County Health Department pursuant to Greyhound Lines, Inc. , y. County of Santa Clara (1986) 187 Cal.App. 3d 480. The indemnity to which claimant is entitled extends not only to the complaints entitled Farmers Insurance Exchange v. Safeway Stores, Inc. , et al (action No. 094197) , Farmers Insurance Exchange v. Safeway Stores, Inc. , et al. -2- (action No. 094198) and Mid Century Automobile Insurance Company v. Safeway Stores, Inc. , et al. but to any subsequent complaints or cross-complaints brought against claimant based on the above- described occurrences. 6. Jurisdiction over this claim would rest in Superior Court. 7 . The names of the public employees causing claimant' s damages are unknown. 8. The amount of the claim and the basis for its computation have' yet to be determined. DATE D: MARTIN, RYAN & ANDRADA A Professional Corporation aC)�By GERALD P. MARTIN, JR. -3- r CLAIM 1. /3 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim igainst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 26, 1989 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $200,000 Section 913 and 915.4. Please note all "Warnings". caunty ounsel CLAIMANT: BOYLE, Thomas Felix WC 3 1989 ATTORNEY: Ellwood Hoskins 1766 Locust Street #103 Date received Martinez, CA 34553 ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON August 23, 1989 (hand delivered) BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Au gust 23, 1989 PpHHIL BATCHELOR, Clerk DATED: 9 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: 29 BY: i Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other-.— I ther:I certify that this is a true and correct copy o.f the Board's Order entered in its minutes for this date. Dated:P 2 �g PHIL BATCHELOR, Clerk, By ,v 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: S E P 2 9 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 ELLWOOD, HOSKINSR E%C!'F I nIF[E D 1766 Locust Street #103 F ' 2 Walnut Creek, CA 94596 3 (415) 682-6606 AUG 23 1989 PHI!ESATCF;EL'JR CLERK BOARD OF SUPEfiVivOR 4 Attorney for Claimant CO -A O$TA ccs. By ........ oePutYx 5 6 7 CLAIM OF THOMAS FELIX BOYLE CLAIM FOR PERSONAL INJURIES Government Code Sections 905 , 8 v. 910 , , 910 . 2 etc . 9 COUNTY OF CONTRA COSTA / 10 11 TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY: 12 YOU ARE HEREBY NOTIFIED THAT THOMAS FELIX BOYLE, whose 13 current address is 130 .Alves Lane #5 , Pittsburg, California, 14 claims damages from the CITY OF LAFAYETTE AND SHERIFF ' s 15 DEPARTMENT OF CONTRA COSTA COUNTY and the DISTRICT ATTORNEY OF 16 CONTRA COSTA COUNTY in the amount of TWO HUNDERD THOUSAND DOLLARS 17 ($200 , 000 . 00) . 18 This claim is based on personal injuries and property damage 19 sustained by THOMAS FELIX BOYLE discovered by THOMAS FELIX BOYLE 20 on or about May 15 , 1989 and thereafter as a result of malicious 21 prosecution, vindictive prosecution, theft by false pretenses, 22 extortion, fraud, tr..egass,., and negligence committed and perpetrated 23 on THOMAS FELIX BOYLE by various police officers at the Lafayette 24 Police Department and Sheriff ' s Department of the County of Contra 25 Costa and the District Attorney' s office of the County of Contra 26 Costa including Police Officers Greg Gilbert, S. Olivera, Detective 27 Carey, et al,. and Deputy District Attorney, Susan Burton and other 28 employees and deputy district attorneys of the District Attorneys 1 office of Contra Costa County. 2 This claim is based on events and circumstances which began 3 on January 1, 1989 when the named police officers and possibly 4 other police officers of the Lafayette Police Department confis- 5 cated various items of personal property of THOMAS FELEX BOYLE 6 including his 1978 , . Chevrolety stepside , 4 wheel drive pickup 7 truck bearing .California license plates number 3H89334 , a tool 8 box containing $1, 000 worth of mechanic. tools and personal tools , 9 a Kobar knife, one hydraulic floor..jack, one hydraulic telescoping 10 jack, a key ring with personal keys, a driver' s license , a wallet 11 with. contents (including personal pictures and credit cards and a 12 few dollars) and a Levi jacket. 13 On or about January 9, 1989 TEiOMAS FELIX BOYLE and his 14 attorney,_ ELLWOOD HOSKINS went to the Lafayette police station 15 and asked for return of all -said personal property and.'.:Offcer ,. 16 Greg Gilbert refused to return any of the said propertY� :.on ..t.he 17 ground that it was "evidence" in a case wherein THOMAS FELIX BOYLE 18 was a suspect in connection with certaAn events occurring on ,,J 19 January 1, 1989 allegedly gave rise to suspicions that THOMAS 20 FELIX BOYLE was guilty of violations of Vechicle Code Sections 21 23153 (a) and 23.153 (b)_ 22 On are. about 11.9189._ Officer Gilb.er asked that .TE,OMA,S FELIX 23 BOYLE make .a statement concerning these events and he refused, on 24 advice of his attorney, 25 THOMAS FELIX .BOYLE. is informed and be.li.eves that the. pickup 26 truck,, tool box and tools, Kobar knife and two hydraulic. jacks 27 were delivered by the Lafayette . police into the custody of 28 Lamorinda Tow in Lafayette and THOMAS FELIX BOYLE is informed 2 1 that-the wallet (.and its contents) the keys, the driver ' s 2 license and the jacket were delivered to the police property . room 3 in Martinez . 4 Despite several telephone calls by attorney ELLWOOD HOSKINS 5 to the police and the- office of` the district attorney and several 6 visits to the Lamorinda Tow and the property room in Martinez by 7 THOMAS FELIX BOYLE, no property was returned to THOMAS FELIX BOYLE . 8 Then on 2/2/89 Officer Gilbert left a message at the office 9 of attorney Ellwood Hoskins that THOMAS FELIX BOYLE could pick up 10 all of his property including his truck, So, THOMAS FELIX BOYLE 11 went tothe property room and the Lamorinda Tow and he was told 12 at both places that he could not recover any1 of his property. 13 After more fruitless calls to the district attorney's office 14 by attorney ELLWOOD HOSKINS and more fruitless visits to Lamor.--= " 15 inda Tow and the police'.-.property, room'.. .n:.Martine� -b.y THOMAS`S-FELIX 16 BOYLE:^a torney Ellwood Hoskins, wrote a letter on April 25 , 1989 17 to Deputy: D strict..Attorney .Susanu.Burton'J asking for{ return Of: the 18 property,..;. 19 On May 11, 1989 , attorney Ellwood Hoskins received a telep= 20 hone response from Deputy District Attorney Susan Burton and she 21 said she had discussed the matter with Detective Carey and it was 22 now arranged that THOMAS FELIX BOYLE could recover all of his 23 property except the pickup .truck which she said had to be kept 24 impounded because it was necessary evidence in the case, 25 Attorney Ellwood Hoskins relayed this message to THOMAS FELIX 26 BOYLE ,and on May 15 , 1989, THOMAS FELIX BOYLE went to the 27 property room in Martinez and explained that the district 28 attorney' s office had authorized the return of his property to 3 1 THOMAS FELIX BOYLE and had cleared it with Detective Carey, They 2 again refused to deliver any of said property to THOMAS FELIX 3 BOYLE, THOMAS FELIX BOYLE then drove .to Lamorinda Tow on May 15, 4 1989 to pickup the tools, jacks, etc. and could not find the 5 pickup truck or the other property and was told by "Glen" the 6 manager that the pickup truck and everything on it had been sold 7 some time earlier, 8 The first complaint relating to the incidents of 1/1/89 was 9 filed on February 8 , 1989 and charged THOMAS FELIX -BOYLE with 10 violations of Vehicle Code Sections 23153 (a) and 23153 (b) and some 11 minor. " charges. Thereafter, the district attorney's office was 12 finally successful on August 16 , 1989 in Amending the Complaint 13 against THOMAS FELIX BOYLE to include an erronously charged prior 14 conviction and a violation of Vechicle Code Section 20002 (a) . 15 The above recited actions caused THOMAS FELIX BOYLE to 16 employ an attorney to represent him in several hearings in 17 connection with the criminal complaint filed against THOMAS FELIX 18 BOYLE in the Municipal Court of the Walnut Creek/Danville - Judicial 19 District, being .Action No 071862-7 , and to prepare for jury trial 20 which. is presently scheduled for September 26 , 1989, 21 The aforesaid acts by the Lafayette Police Department, the 22 Sheriff ' s Department of Contra Costa County and the District 23 Attorneys Office of Contra Costa County were capricious, mali-.J.; 24 cions, vindictive and done with intent to oppress THOMAS FELIX 25 BOYLE, There was no legal necessity to impound the pickup truck 26 or Any of the other personal property of .THOMAS FELIX BOYLE As 27 "evidence" wh .ch. is amply demonstrated by the fact that the 28 pickup truck,, tools, jacks,etc, have already been sold by the 4 4 1 authorities of Contra Costa County prior to trial of the said 2 criminal complaint, 3 The amount claimed for damages for THOMAS FELIX BOYLE as of 4 the date of this claim is based upon loss of property, legal fees 5 and costs as yet undetermined which are being incurred and will 6 be incurred in defending THOMAS FELIX BOYLE against the afbre 7 mentioned amended vindictive and malicious criminal complaint, 8 loss of jobs and income from employment, special damages of 9 approximately $20, 000,00 , general damages of $80, 000. 00 and 10 punitive damages of $100 , 000 . 00 all in the total sum of $200 ,000. 11 All notices and correspondence with regard to this claim 12 should be sent to claimant, THOMAS FELIX BOYLE, in care of 13 ELLWOOD HOSKINS, 1766 Locust Street, #1.03 , Walnut Creek, CA 94596 . 14 15 16 17 Dated: August 23 , 1989 18 19 20 THOMAS FELIX. BOYLE 21 22 ,r 1 J ELLWOOD HOSKINS 23 Attorney At Law on behalf of claimant THOMAS FELIX BOYLE 24 25 26 27 28 5 CLAIM 1. 13 ' 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 26, 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: $1,253.76 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ASMUS, John J. Jr. ATTORNEY: c/o Sandra Baber Auto Claims Representative USAA Property and Casualty Ins. Date received ADDRESS: P.O. Box 15506 BY DELIVERY TO CLERK ON August 24, 1989 (Risk Mgmt. ) Sacramento, CA 95852 BY MAIL POSTMARKED: no postmark I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. e gg DATED: August 25, 1989 BAIL DeputyLOR, Clerk FROM: County Counsel TO: Clerk of the Board of Supe sors \`(•9 ) This claim complies substantially with Sections 910 and 910.2. This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 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 ORD By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy 0-the Board's Order entered in its minutes for this date. Dated: S FP 2 G--19 Aq 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 6 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ' ^ ~- . . ' , . WIN lift USAA PROPERTY AND CASUALTY INSURANCE 01 y _-- ~ . �� 0 Z009 »m UNITED SERVICES AUTOMOBILE ASSOCIATION P O Box 15506 Sacramento, Ca 95852 � CONTRA COSTA COUNTY RISK MANAGEMENT DEPARTMENT 651 PINE STREET 6TH FLOOR MARTINEZ CA 94553 August 21 , 1989 yKELOR Poiicyhoiderl John J Asmus JrPHIL SATC USAA Number: 0612262 UeCK�B&A Co. Uty Date of Loss! 05-19-99 ATTENTION RISK MANAGEMENT: USAA as subrogee of Mr. Asmus, piaces a ciaim with the county of Contra Costa for The damages to our insured's vehicie^ This was due to the improper maintainence of Daugherty road, Tofai amount of damages are 1253,76^ This amount inciudes our insured's deductibie^ Enciosed are photos of the 'road and a copy of the poiice report for your review. We hoLd the county responsibie for this damage as we feei it is unsafe for a motorcycLe to travei on this road at any speed. ' Enciosed are our supporting documents for this amount . PLease send a check for the fuii amount to the above Sacramento office and inciude the USAA number Listed above. If you are denying this piease state so in writing and the reason vou are denying. If you have any questions you may reach me at 800-531-8222 x 3168. Sincereiy, P- D SANDRA BABER AUTO CLAIMS REPRESENTATIVE USAA WESTERN REGIONAL OFFICE SB/ ' - -�- - . Enc. PHOTOS, POLICE REPORT, SUPPORTING DOCUMENTS ` ��� �----- �-�m���,wp^~~ USAA vmammnoumnmo«Qv puBox 1soos sammomo CA 958501506 ' ` 0612262-30858-9450 } co r--icn -ate co T > CCI n = I Z IIJ D cA. (-n un i _ _ Cl m I M0F U„ C) 4) "a Ln N, p (-n 0 IZ� U) TO %1) - 1 -J � r . . . m O O O p :tt 0 CD i F t G 9, L: CO -1 --i 0� D - Un -- OD a, 'ID (J) co 2E (tel O -Im C-) C-, O m � .- 2 p •fD Co N 1 U'l C n 0 t--) N T -a (L' `-0 O (D r Z (7 �,$ MODEL ,rvy ` '"'Y _1301Y STYLE'' DATE OF INSPECTION r ENUMBER SERIALMBER r MILEAGE t COLOR Mi "+ ", :;*'""" S '* ., .r € ax jM rFtC3dD VAND '' OT.HER LOCATION QF CAR INSPECTIONd t } > O LOS FIRE -TH e. `g 4 r s` `'� s.' .a-r-d+,..,.. kt..:' ''`' "�'7,'" 34„'�"' x '.-?"�''-'`- t` ' '��'L�7��-tom`�/'kWl�lr4 ? •7 �,.: 's .. `MM' '?r'"�',�. BOOK VALUE B EDITION DATE_,lA.4 ac-2 DIFFERENCES ❑RED ❑NADA ❑BLU R LD DAMAGB. E A - A. EPOAT �aDED ADD s VU HFA�I Sc� 2—M .> ✓*, � .. MILES tNIN 110-01 . R +. �a . sCID/LITERS FENDER "> ,;; r fi � � �x rrt w ,�r r,. s.+.a.,�'a.` _, :#� .. g..-. . ,•. ra�'.+ra;v l ..xs ':"Y�.r.sa ,.x.,:a. a... 3d rN�"�".�, t 1*! 3 GAS1flIESEt4 WJS GLASS � '� S: .. : �'� `�s�... �,v,; "c�w -.fix- a..4,a .k;`$..�. w. .,mss." a•wx.,» '�4'€4�•a a-sx<t�,�`v. `s`-"�..-6r.i:... ,^ 4FUELINJECTEp ` �DOOIS WIN 461L a x 60MPUTER FACTw ROCKERS� _ [� �<< R,.IRAN 3%415JAUTQ QTRS 4 ✓ `� , "- �r 741Nt�LD,RIVE ROflF z d r x' ' r a ..e gym....--a:..a,,-.,� ,:c=.c"t...,.*a' *.. rr�..,;.U'?'•`k'�, .�,�i's,u ;:' "x+ j ? �8 AIR CONDITION TR{CJiF�}iddD " ja ! n: ra -�'�.,nw �,tae.s��.r� .w a.F,„a. �`4' �6 C✓. lw.� ..,.a�' �s�-,�.. .r�'°..� "A Q*`a...-�.���«.. '�1.`�i,.t i 0 PWR�BRAKES � PAINTt'zs1am �Rlh "llux � 11 P1NR WINDOWS TRIM t 12 PWR'DdflLOCKS ENGINES V ret° 3 � �� -� �.mF x.�;°u wz.,i�•�`. .mss... ;; • �. ,.�� _:e.-:..r ? ��,,.e r� �= r na. �t�s,'�`����.�s`s" �; 7 b �'1L3��TEl�sWH�;�`� 4���' SN1�GxTEST�re:�r,k�a,G�._.`��`�,."� �.�_ �.�� �`•,��'."';�`#�r§w�,�.;.,.z;r�.�� �x �,�;� ��, ` 6 AMjFMTAPEGASS C$; EQUIP DIFF `18 LEATHER3VEL{�UA MILES (+or-) 19 UIIVYL TIRES r I..-.x STOP d -_ 4 a��,." ,-- L �� 20 7t1TOiUE ." ,. REMAINING TREAD , r �� L/Rg I3z ,RJR 4 a`JB2 Now � sz a'�'� � e .�`91 �.v � •'gas *�"r +� r+.�k' a �r=a x.,a:.,:rim..�. a .:�,>.::���,_ n�� �•�H,.��� ,. ��v rse _�.x- +.' Vis ` .�a`..,,',�-'"' 221NIRE�WHLCOUERS TOTAL DIFFERENCES 3� ,23SU�N ROOF/MOOtROOF RETAIL BOOK C-CI�_ALER 25�REAR DEFOGGER ADDITIONS 4 ; 26 sPW�R ATTENNA ? TOTAL VALUE ' 27 3RDSEAT � n DEDUCTIONS '3$-0 v 5-(,4 TOTAL BOOK VALUE$ -S,50 -00 NET VALUE$ i MARKET SURVEY/VALUE DEALER SALES MANAGER&PHONE CASH VALUE AVAILABLE YES NO y - £t�-4- y`{bc� $ K S1e� �'-t-iow Y1AikQ - 2v�}- 52q� 5 $ /C) �!J•Ot� to`ol- OC.) JTES: AVERAGE$ !x_31 dCmoo-�( AVERAGE BOOK$ v s - 12',3^ nn- -S-3o " ` $ *t = > w LVAGE MOVED YES ONO POOL STALL NO SOAAGE.$ ` �` �- EST. SALV. $ I;PANY APPRAISER'S SIGNATURE #, v DATE TOWIN CHARGES i �9 s- .., C •.a .��r—A O��c a �o�i- o - - �1 O S 3c-�5 $ �o REV. 2-85 V ,42 QQ66 `Y f•;F%;1,� +.4rV�fid', r�."'�la��.r�., � 7� -QUAN. " ESCRIPT'ION PRICE AMOUNT- '•' t ... : �I , i NWOO MISD,UMBER i MIT 1I RUN I CO//UNNT��,Y,, _}7y7� ED COLLISION OCCl1RRED ON / MO. DAY YEAR '110(11M NC1C t OFFICER 1.0. 0Ar.ATVr'f eD-------------- ,�....----------------- o 19 1111 3 t o `�3zo .5792 _p MYLEPOST INFORMATION DAY OF WEEK TOW AWAY PHOTOGRAPHS BY: FEETIMLES OF MILEPOST S M T W TOF 5 ®YES ❑NO DQ OAT INT FISECTKIN WITH STATE HWY REL �/� OR: t L#4 PWW I MILES S OF `+ Cjya 1 ❑VES©NO ONS 'r DRIVERS LICENSE NUMBER STATE CLASS SAFETY MEM.Y0. MAKE I MODEL f COLOR UC04E NUMBER (TATE EOUP, tv $3 YawaS.+C� GP g 5o b6 Zt 3 cA NAME(FIRST,MIDDLE,LAST) • • . . . 3A EuYo#j ASK STREET ADDRESS OWNERS NAME ® SAME AS DRYER (C(a CAt,OL mubows cr CITY!STATE/ZIP OWNER'S ADDRESS SAME AS ORVER SEI I HAIR EYES [.HEIGHT WEIGHT I MQ ORTDAY HOATE YEAR RACE DISPOSITION OF VEHICLE ON ORDERS OR El DRIVER ❑OTHER M gaN 494 S-11 I SO o c ' o q 1 '70 W AAA Tow R HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT REFER TO NARRATIVE 2 q C ) CMP USE ONLY DESCR IBE VEHICLE DAMAGE &MADE IN DAMAGED AREA VEHICLE TYPE WSRANCE CARRIER POUCYNUM9ER U � �UNK NONE E]WHO" O z M00. ❑MAJOR aTOTAL DIF.OFFyy JONSTREETORHIG"AY /� SPEEO PCF ,R c O ' /CLQ• _J ?,2 3 S'� I(•C_ CMP p T/ DRIVEWS LICENSE NUMBER STATE CLASS SAFETY VEIL Y& MAKE I MODEL I COLOR LICENSE NUMBER STATE EOUIP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .R NAME(FIRST,MIDDLE,LAST) =S STREET ADDRESS OWNER'S NAME El SAME AS DRIVER N :EO CITY STATE I ZIP OWNER'S ADDRESS ❑SAME AS DRIVER LE ?. SEI I MAIR EYES HEIGHT WEIGHT MO BIRTOAYh • YEAA RACE DISPOSTION OF VEHICLE ON ORDERS OF; ❑OFFICER ❑DRIVER Q OTHER 7 IER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARN]JT ❑ REFER TO NARRATIVE 0 ( ) ( ). CMP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER - POUCY HUMBER VEHICLE TYPE LINK []NONE []MINOR MOD. E)MAJOR O TOTAL DI0.OF ON STREET OR HIGHWAY SPEED PCF K:C (� ;•r...Vm .. .. .a RTY DRIVERS LICENSE NUMBER STATE CLASS SAFETY VEN YR. MAKE f MODEL I COLOR LICENSE NUMBER STATE EOUIP. 3 :IVER NAME(FIRST,MIDDLE.LAST) I DES STREET ADDRESS OWNER'S NAME ❑SAME AS DRIVER ' AN El aKED QTY;STATE ZIP OWNER'S ADDRESS SAME AS DRIVER ,ICLE U 13 a CY- SEI MNA EYES HEIGHT WEIGHT BIRTHDATE RACE DISPOSITION OF VEHICLE ON ORDERS OF; ❑OFFICER DRIVER [3OTHER =LIST MO. DAY YEAR .ThER HOME PHONE OUS;tESa FMC-14E PRIOR MZCHAfiICAL DEFECTS: NCUE APPARENT u REFER TO ARRATIVE 11 ( , ( ) CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE W DAMAGED AREA INSURANCE CARRIER POLICY NUMBER VEHICLE TYPE ❑LINK. []NONE O MINOR aMOD. []MAJOR TOTAL d L OF ON STREETOR MOMWAY SPEED PCF ICC p , TRAVEL .. LIMIT PUC ❑ CMP p .EPAAERSNAME DISPATCH NOTIFIED REVIEWER'S NAME DATE REVIEWED OYE ❑ NIA v, _:3 " S HP 555-Page 1 (Rev.7-87)OP1 042 87 453" U IES U Ho .ON OF DAyAGE ' .• .G POSITION OCCUPANTS SAFETY EQUIPMENT M I C BIcYCI F.HELMET EJECTED FROM VEH. 't-DRIVER A-NONE IN VEHICLE L-AIR BAG DEPLOYED 2 TO 6-PASSENGERS g.UNKNOWN M-AIR BAG NOT DEPLOYED DRIVER 0-NOTEJECTED EJECTED I-FULLYY Y-STA.WGN.REAR C-LAP BELT USED N-OTHER V-NO ED 2-PARTIALLYLLY EJECTED JECTED a-RR OCC.TRK_OR VAN D-LAP BELT NOT USED P-NOT REQUIRED W-YES 3-UNKNOWN Y-POSITION UNKNOWN E-SHOULDER HARNESS USED 3 0.OTHER F-SHOULDEn HARNESS HOT USED CHILD RESTRAINT PASSENGER 6 G-LAP/SHOULDER HARNESS USED Q-IN VEHICLE USED X-NO H-LAP/SHOULDER HARNESS NOT USED R-IN VEHICLE NOT USED Y-YES J-PASSIVE RESTRAINT USED S-IN VEHICLE USE UNKNOWN K-PASSIVE RESTRAINT NOT USED T-IN VEHICLE IMPROPER USE U-NONE IN VEHICLE ITEMS MARKED BELOW WHICH ARE FOLLOWED BY AN ASTERISK(•)SHOULD BE EXPLAINED IN THE NARRATIVE. RIMARY-COLLISION FACTOR TRAFFIC CONTROL DEVI ESTYPE OF VEHICLE JMBER( . 1 2 3 MOYEMENT PRECEONJG 71)OF PARTY AT FAULT 1 2 3 dC SECTION VIOLATED: pl�D COLLISION A CONTROLS FUNCTIONING A PASSENGER CAR/STA.WGN. 2:2--;3 JPO12 1 B CONTROLS NOT FUNCTIONING" B PASSENGER CAR W/TRAILER A STOPPED ETHER IMPROPER DRIVING• C CONTROLS OBSCURED C MOTORCYCLE/SCOOTER B PROCEEDING STRAIGHT D NO CONTROLS PRESENT/FACTOR• D PICKUP OR PANEL TRUCK C RAN OFF ROAD OTHER THAN DRIVER' TYPE OF COLLISION E PICKUP/PANEL TRK.W/TLR D MAKING PoGHT TURN UNKNOWN' A HEAD-ON F TRUCK OR TRUCK TRACTOR E MAKING LEFT TURN =ELL ASLEEP* B SIDESWIPE G TRK/TRK TRACTOR W/TLR. F MAKING U TURN C REAR END H SCHOOL BUS G BACKING =ATHER MARK t TO 2 ITEMS D BROADSIDE I OTHER BUS H SLOWING/STOPPING CLEAR E HIT OBJECT J EMERGENCY VEHICLE I PASSING OTHER VEHICLE CLOUDY F OVERTURNED K HWY.CONST.EQUIPMENT J CHANGING LANES RAINING G VEHICLE/PEDESTRIAN L BICYCLE K PARKING MANEUVER SNOWING H OTHER': MOTHER VEHICLE L ENTERING TRAFFIC FOG/VISIBILITY FT. MOTOR VEHICLE INVOLVED WITH N PEDESTRIAN M OTHER UNSAFE TURNING OTHER': A NOWCOLLISION O MOPED N XING INTO OPPOSING LANE WIND B PEDESTRIAN O PARKED LIGHTING C OTHER MOTOR VEHICLE P MERGING DAYLIGHT D MOTOR VEH.ON OTHER ROADWAY OTHER ASSOCIATED FACTOR Q TRAVELING WRONG WAY DUSK-DAWN E PARKED MOTOR VEHICLE 2 3 (MARK t TO 21TEMS) R OTHER' DARK-STREET LIGHTS F TRAIN A VC SECTION VIOLATION: GQD/Es DARK-NO STREET LIGHTS G BICYCLE ONO DARK- STREET LIGHTS NOT H ANIMAL: B VC SECTION VIOLATION: CITED FUNCTIONING, OYES SOBRIETY-DRUG ROADWAY SURFACE FIXED OBJECT: ONO1 2 3 PHYSICAL DRY ( CVC SECTION VIOLATION: CITED (MARK t TO 2 ITEMS) WET -ICY J OTHER OBJECT: D ONO A HAD NOT BEEN DRINKING SNOWY E VISION OBSCUREMENT: B HBD-UNDER INFLUENCE SLIPPERY(MUDDY,OILY,ETC.) ' C HBD-NOT UNDER INFLU F INATTENTION D HBD.IMPAIRMENT LINK' ROADWAY CONDITIONS G STOP&GO TRAFFIC (MARK t TO 2 ITEMS) PEOESTPoAKS ACTION E UNDER DRUG INFLU.• A NO PEDESTRIAN INVOLVED H ENTERING/LEAVING RAMP F IMPAIRMENT-PHYSICAL' PREVIOUS COLLISION "n47--VT T T ►n v�., HOLES.DEEP RUTS r..CROS r ,IN rr ^,SWpL'( r 9 _NO K J UNF7iMlL1AR H7TH ROADGOOSE MATER1itl Jt: ['' "�"A'I I,,fa.:aEC c.< .1PPLiCA6Lt K DEFECTIVE VEK EQUIP.: CITED OBSTRUCTION ON ROADWAY- CROSSING IN CROSSWALK-NOT OYES I SLEEPY/FATIGUED CONSTRUCTION-REPAIR ZONE C'AT INTERSECTION ONO SPECIAL INFORMATION REDUCED ROADWAY WIDTH D CROSSING-NOT IN CROSSWALK L UNINVOLVED VEHICLE A HAZARDOUS MATERIAL FLOODED* E IN ROAD-INCLUDES SHOULDER M OTHER': OTHER% F NOT IN ROAD N NONE APPARENT NO UNUSUAL CONDITIONS G APPROACH I LEAVING SCHOOL BUS O RUNAWAY VEHICLE \ MISCELLANEOUS 1lID ICATC 55 -P NORTH P� ape 2( et,7-R7na? EXTENT OF INJURY( "X" ONE ) INJURED WAS ( "X" ONE ) QiCER AGE BEX PARTY SEAT SAFETY EJECTED ONLY FATAL SEVERE I OTHER VISIBLE COMPLAIN NUMBER POS. E—P. INJURY INJURY INJURY OF PAIN DRIVER FASB. PED" &CYCLIST OTHER ❑ 9 h-/ ❑ ❑ I ® ❑ © ❑ 101 ❑ io 7.0 .1 ADDRESSTELEPHONE ��w o sf-lc r s /- 9� Y)TRANSPORTE BY: TAKEN TO: at INJURIES /-fig-,'0A .41��2.d io�V 1 2/Gss� ,a,•2 .�Zi�s f �f i/�' ❑VICTIM OF NOl.Va CRIME NOWWO D,O.B./ADDRESS TELEPHONE .0 ONLY)TRANSPORTED BY: TAKEN TO: IBE INJURIES ❑ VICTIM OF VIOLENT CRIME NOTIFIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ D.O.B./ADDRESS TELEPHONE ED ONLY)TRANSPORTED BY: TAKEN TO: IBE INJURIES - VICTIM OF VIOLENT CRIME NOTIFIED ❑ El 101 ElEl ❑ El [0 11 11 1 D.O.B.I ADDRESS TELEPHONE iED ONLY)TRANSPORTED BY: TAKEN TO: RISE INJURIES 7F `-:D.O.B.:ADDRESS TELEPHONE =RED ONLY)TRANSPORTED BY: TAKEN TO: -RIBE INJURIES VICTM OF VIOLENT CRIME NOTIFIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ :JE/D.O.L 1 ADDRESS TELEPHONE URED ONLY)TRANSPORTED BY: TAKEN TO: SCRIBE INJURIES VICTIM OF VIOLENT CRIME NOTIFIED FAKER'S NAMEI.D.NUMBER MO. DAY YEAR REVIEWERS NAME MO. DAY YE IP 555-Page 3(Rev.7-87)OPI 042 87 43637 • ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE - r � \ �_ INDIC•TE \ � NORTH x 0 x` fC�2.dP�5 �c�uQ�Zi ; x 1 I x A r � x OI ZI I I �c� k / t J } t OR�WN BY I.D.NUMBER MO, OAV R. REVIEW ERAS NAM£ i MO. O/�V VR CHP 555—Page 4 (Rev II-85) OPI 042 ... Ems% /3/0 93zo 15�9Z • ••A••pNL TY►L SUP►LLMENTAL ("X" APPLICA&LL) COLLISION REPORT ❑ BA UPDATE ❑ FATAL ❑ HIT & RUN UPDATE /ELEMENTAL ❑ OTHER: ❑ HAZ. MATERIALS ❑ SCHOOL BUS ❑ OTHER: BOUNTY/IUOICIAL DISTRICT RPT.DISTRICT/&LAT CITATION NUM&LR TION({V&lL CT STATL NIGNWAY RLLATLO ❑ YES ❑ NO ,G CTS Ir G�/i�/O/� •t ui2ef L �od d eeJ� �/ e r/i Tim o•vim �Ao L-.d A,1 � T /S A.01 f/Cai(/S Q 05T�_Y G!Jef/P�tJl.eJ Llo cp01, To A-)--- 4011 Do IA.oT Oer=- YP�--T X7- - V1 7- -5' GcnsTC�.c �4-- •A RHR'S NA 1•D,NUMBER INIO. OAY YR. JREVIEWER'S NAME MO• DAT YR• 579 85 35279 556 (Rev 72.84)OP) 042 Use previous editions until depleted. �— � ONC —_— VPC SUPPL[M[NTAL (••><�•APP LIC AB L[� COLLISiC.N REPORT T: BA UPDATE FATAL NIT & RUN UPDATE i /C O.JNTEMJOIC�L DIS• OTHER:— ----- _--_ HAZ. MATERIALS SCHOOL BUS OTHER: �i 'RPT, DISTP-T:BEAT CITATION NUMBER I i 'STATE N.GNWAv 1�[LAT[D — � I VES NO d AA — �oc�J __��tJ• .moo. ��- T� w.ts f�c..s ,�,cJ /✓7 . —_ dsf,C> Cot./CJi ZT o�tJS •-- — — - -- 5ce ------------— i 2. 3. i 19 ,0. �a R[PAR[R•S NAM MO. DAV T R. . ,I.D.NUMBER MO. DAT TR. �REVIE WER•S NAME .. � • 3S 29 4P 556 (Rev 12-0-4, ON 042 Use previous editions until depleted. _ . CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim A§ainst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 26, 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: $395.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: COSBIE, William ATTORNEY: Date received ADDRESS: 1235 Willow Lake Road BY DELIVERY TO CLERK ON August 25, 1989 Byron, CA 94514 BY MAIL POSTMARKED: August 24, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: August 25, 1989 JV!L BATCHELOR, Clerk eputX 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: zr� 1 � 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 af•the Board's Order entered in its minutes for this date. c� Dated: SEP 2 6 19 8 9 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months -from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: SEP 2 6 1989 BY: PHIL BATCHELOR by . Deputy Clerk CC: County Counsel County Administrator • Cla,im to: BOARD OF SUPERVISORS,,\OF CONTRA COSTA -COUNTY INSTRUCTIONS 70 CLAW 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 o' of must >be presented not later than one year afterrthe accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk.,\of�the &pard 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 Against the County of Contra Costa ) AUG 2 51989 or ) i C F? I District) Fill in name The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in.}theVsum of $ and in support of this claim representsz as -follows.'*' - { , 1. When did the damage or injury occur? (Give exact date and hour) ----- ---------------------------------------------------- 2. Where did the,damage. or injury occur? (Include city and county). ----------- L__ 1 _ �r1--------`- `q - -- _-� `� ------------------- 3. How did the damage or injury-occur? (Give llfull de/tails; use extra paper if required) � SUS 6c CS vvn'l ©e) °Morin �t'� I'lAo C, �1 ny �te�� Z�/ d�GV' dis- C(�s D�✓Yl� J/,�t�tJ�rf� , ----------------------------------------------------- ------------------------------ ___--_.-----------------------------.__.____-__--_--_-- _-_-_-----_----__------______- 4. What particular act or omission on the part.of county or district o iters, servants or employees cause/d` the injury or damage? 1,147✓47 hej'n,49. COVVII/ Gfl fh LOO, 6(00e 1, b �JO► h"�y (over) 5. What are the names of county or district officers,. servants or employees causing the damage or injury? lJ®,N€ S tc�',J� ' -------------------7-------------------------------=------------------------------- 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.) (�D0 ------------------------------------------- ----------------------- --------------- -- 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 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 1� � J�^ry �rnitk, claimant's Signature WILLIAM COSBIE 1235 Mal I QAA KE RD. X 94514 Telephone No. Telephone No. ��2��� r /-�DY12L * * * 90 ^Ltd 7- 077'7 c.�o�% NOTICE 41, Section 72 of the Penal Code provides: "Everyperson who, with intent to defraud, presents for allowance or for payment "to. any'state 'board or-'officer-;., or.:.to:,aany county,,;city ror.,,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. 4 N Z r i • �, w r '� t `� �� r r tL � �r ri , '•,; r- .� a ZOD i W j CD i i t t i 6 r tipr 5 r� i t i � ` 1 'Z, � �� •t rn j P 1 �i' � �`� �� i �l N A` 1 CA\, ♦ 111 % Wit'' ?qtr 4 •`'^Mi4 A Zt r r % A , P p • ca r N r r4 a i 1 d co N Oc O w `7 ITI yJ 400 ; `' �. W MOin � Yco •� CO4CO , N 4L � w 3CQ Lo h > aabb * U) N p O �, aNPtl E' . 0 _ s � F+NNM I U1 V11f1 V1 .. _ 4vp,�m H $ _ H ct V , ul 0 aLL �:. rt, fi:� -... -� _r��W�..vt a-C�.� } extS• ,.'.•:f' '71 �•.::y., .a,,�r r,f .l6c y .ti..�.. ,: ..�.,:'....1:Fsi .rw .Y , r I t g6u p P J V o 6� 1 YO LU 6 v v. U T U o4 o Z � � h _ Con Q 4-, N K:L CD Geo -1 ° 3 z f' � N AMENDED CLAIM I j BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA r Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 26, 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: $1,600,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: PETERSON, Susanne HALL, Gary ATTORNEY: Edward M. Mastrangelo Date received ADDRESS: 1320 ,Solano Avenue, Suite 202 BY DELIVERY TO CLERK ON August 24, 1989 (via County.Counse Albany, CA 94706 BY MAIL POSTMARKED: August 22, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pp gg DATED: August 25, 1989 B�jIL DeputyLOR, Clerk I. 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 (i) 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 (T/1 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: S E P 2 b 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, 9 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator LAW OFFICES OF EDWARD M. MASTRANGELO A PROFESSIONAL CORPORATION EDWARD M. MASTRANGELO 1320 SO LANO AVENUE, SUITE 202 TELEPHONE (415) 528-1611 MARGARET BLO DG ETT ALBANY, CALIFORNIA 94706 WRITER'S DIRECT DIAL NUMBER county Counsel AUG 23 1989 August 21, 1989 Martinez, CA 945,53 Victor Westman County Counsel County of Contra Costa P.O. Box 69 Martinez , CA 94553-0116 Re: Peterson/Hall v. County of Contra Costa Dear Mr . Westman: Enclosed please find an Amended Government Code Claim pursuant to your Notice of .August 9 , 1989 . Please return a stamped received copy of this claim to me in the envelope provided herein. Thank you. V Y tru y u s, EDWARD ASTRA GELO EMM:cl Enclosures ril19891ILPHIL[3ATC;-jj7j op OL UPtRViSO'r l" CJ. B' _ ° Deputy . AMENDED GOVERNMENT CODE CLAIM TO THE GOVERNING BODY OF: COUNTY OF CONTRA COSTA OUR CLIENTS AND CLAIMANTS: SUSANNE PETERSON RECEIVED 3421 Hudson Court, #117 Antioch, CA 94509 AUG 2 41989 and PHIL BATCHELOR CLERK BOARD OF SUPERVISORS CONTRA COSTA C ............................. a ut GARY HALL 1981 Sunshine Drive Concord, CA 94520 DATE OF DEATH: 4-23-89 PLACE OF DEATH: State Route 4 , westbound, . 4 miles east of Willow Pass Road in Contra Costa County DESCRIPTION OF INCIDENT: Claimants ' decedent, Theresa Marie Hall, age 18 , died on April 23 , 1989 when her vehicle struck the end of a jersey wall on wesbound State Route 4 , . 4 miles east of Willow Pass Road in Contra Costa County. Prior to impact, the jersey wall was positioned within six inches of the right-hand fog line on State Route 4 . In addition, the end of the jersey wall which was struckby the vehicle of Claimants ' decedent, was parallel or nearly parallel to the fog line and not angled or adequately angled away. Also, there was no barrier( s ) to shield the end of the jersey wall . In addition, there was no or inadequate lighting and signing to reveal or indicate the position of the jersey wall. As such, the jersey wall was a dangerous condition of public property .which caused 'the death of claimants ' decedent. In addition, the proximity of the jersey wall to the fog line, the failure to adequately angle the jersey wall, the failure to place a barrier( s ) to shield the end of the jersey wall, and the inadequate signing and lighting all constitute negligence on the part of the County of Contra Costa, and their agents and employees , resulting in the death of Claimants ' decedent. A copy of the police report of the incident is attached hereto as Exhibit A . NATURE OF DAMAGES: Wrongful death. AMOUNT OF CLAIM: $1, 600 , 000 . 00 ATTORNEYS TO WHOM NOTICES SHOULD BE ADDRESSED: EDWARD M. MASTRANGELO 1320 Solano Avenue, Suite 202 Ib�ny, Cali . rnia 4706 ATT NEY FOR tLAIMANTS DATED: August 21 1989 1 PROOF OF SERVICE BY MAIL 2 3 I hereby declare under penalty of perjury that I am a 4 citizen of the United States and over the age of eighteen ( 18 ) 5 years , and not a party to the within action. My business address 6 is 1320 Solano Avenue, Suite 202 , Albany, California 94706 . 7 On this date, I served the attached document in said envelope, 8 postage prepaid, in the United States mail at Albany, California, 9 addressed as follows: AMENDED GOVERNMENT CODE 10 VICTOR WESTMAN 11 County Counsel County of Contra Costa 12 P.O. Box 69 Martinez , CA 94553-0116 13 14 PHIL BATCHELOR County Administrator 15 County of Contra Costa 651 Pine Street, 11th Floor 16 Martinez , CA 94553 17 18 19 20 21 Dated at Albany, California 22 August 21 , 1989 CHRIS EISZ 23 24 25 26 27 28 g> � \x to < ¥ % 2 \ \ / / & O or //0� » � ® .� p « 2 \ i ' � 0 a � ) , \ ° \ \ a7 $ « � � \ \ \ \ ° \ 0 U AMENDED RECFI�'�ED GOVERNMENT CODE CLAIM AUG 2 31989 TO THE GOVERNING BODY OF: COUNTY OF CONTRA COSTA Mt BATCHELOR CLERK660ARD OF SUPERVISORS OS TA CO. OUR CLIENTS AND CLAIMANTS: SUSANNE PETERSON Deputy 3421 Hudson .Court, #117 Antioch, CA 94509 and GARY HALL 1981 Sunshine Drive Concord, CA 94520 DATE OF DEATH: 4-23-89 PLACE OF DEATH: State Route 4 , westbound, . 4 miles east of Willow Pass Road in Contra Costa County DESCRIPTION OF-,`INCIDENT:...... .,:Claimants ' decedent, Theresa Marie Hall , age 18 , died on April 23 , 198,9 w;h'en her vehicle struck the end of . a jersey wall on wesbourid' State Route 4 , . 4 miles east of Willow Pass Road in Contra Costa County. Prior to impact, the jersey wall was positioned within six inches of the right-hand fog line on State Route 4 . In addition, the end of the jersey wall which was struck by the vehicle of Claimants ' decedent, was parallel or nearly parallel to the fog line and not angled or adequately angled away. Also, there was no barrier( s ) to shield the end of the jersey wall. In addition, there was no or inadequate lighting and signing to reveal or indicate the position of the jersey wall. As such, the jersey wall was a dangerous condition of public property which caused the death of claimants ' decedent. In addition, the proximity of the jersey wall to the fog line, the failure to adequately angle the jersey wall, the failure to place a barrier( s ) to shield the end of the jersey wall, and the inadequate signing and lighting all constitute negligence on the part of the County of Contra Costa, and their agents and enipivyec , resulting in the death of Claimants ' decedent. A copy of the police report of the incident is attached hereto as Exhibit A . NATURE OF DAMAGES: Wrongful death . AMOUNT OF CLAIM: $1, 600 , 000 . 00 ATTORNEYS TO WHOM NOTICES SHOULD BE ADDRESSED: EDWARD, M. MASTRANGELO 1320 Solano Avenue, Suite 202 Albany, Calif6rnia ;94706 ATTORNEY FOR C/LAIMANTS DATED: August 21 1989 1 PROOF OF SERVICE BY MAIL 2 3 I hereby declare under penalty of perjury that I am a 4 citizen of the United States and over the age of eighteen ( 18 ) 5 years , and not a party to the within action. My business address 6 is 1320 Solano Avenue, Suite 202 , Albany, California 94706 . 7 On this date, I served the attached document in said envelope, 8 postage prepaid, in the United States mail at Albany, California, 9 addressed as follows : AMENDED GOVERNMENT CODE 10 VICTOR WESTMAN 11 County Counsel County of Contra Costa 121 P.O. Box 69 Martinez , CA 94553-0116 13 I 14 PHIL- BATCHELOR County Administrator 15 County of Contra Costa 651 Pine Street, 11th Floor 16 Martinez , CA 94553 17 i 18 1 19 21 , Dated at Albany, California 22 August 21 , 1989 �r CHRIS EISZ 23 24 25 26 27 28 I . Q Q A M a- �' N A CA ry 4 r LoL a , .Vj ca w- 00� 0 0 ON p t . N 'o, � it lf1 4 () a 0 Q W