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MINUTES - 07241990 - 1.23
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 JULY 24, 1990 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $ 500 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: BOTELLO, Ruben H. ATTORNEY: Date received ADDRESS: 2137 Alfreda Blvd. BY DELIVERY TO CLERK ON June 26 . 1990 San Pablo , CA 94806 June 25 1990 BY MAIL POSTMARKED: , I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 27 . 1990 ��{IL DepputyLOR , 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: G Q 7 Jq(I 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: J U L 24 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec ion 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: JUL 2 4 19(iBY: 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 czuses of action for death or for injury to person or to per- . `A sonal property or growing crops ,and which accrue :on, or before December 31,• 1987, must be pre' sented'not later -iRan^the-100th day after the .aecrual 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 ,. A , of. action. • Claims, relating to any other cause of action must.be presented not later than'one 'year after the accrual of the;eause of action.' : ,(Govt. Code 5911'.2.) B: '`Claims must`be-Jfiled with -thel'Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine. Street, Martinez, CA 94553• J C. If claim is againstJa district governed by"the hoard. of Supervisors, rather than the County, the name of the Distriet�should -be filled-;,iri:ne,Y� D. If the claim is against more than one public entity, ,separate claims must be filed against each public entity. E. Fraud;../ See penalty °or fraudulent elaims,N Penal Code Sec. 72 at the- end of this form. RE: Claim By �T) Reserved for Clerk's filing stamp Against the County of Contra Costa ) or ) J Z 60 X[n1:'1,A CG%TA C6 . District) CLERK B D RVISORS Fill in name ) CONTRA COSTA CO. The undersigned claimant hereby makes claim ainst [e County of Contra Costa or the above-named District, in the sum of $ y'�sand in, support of this claim:represents ,as follows:, \1 .,1.,;, When did the damage or injury occur? (Give exact date and hour), , .q.0=-----� __55- '-M------ -- ' ------- --------------- ------- ---- --j- --- 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) W,�S ?vt JC_D nvE 1Z ) tj 'CJ4 V-10'u� F- s �X i p -—[�S. -t-0 n` -�wT I �- c��S p" O My �>s z ��s ->•�L" -------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? 12tJ2Z . tel_ ZV"� l��ME►� �viL2iQ� FTS V ioL►4Tioni c +4A kQ,45MGM T- 1") SC i2 IN3W\ 00f1 (over) r • r 5. What are the names of county or district officers, servants or employees causing the damage or injury? b. 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 comauted? (Include the estimated amount of any prospective injury or damage.) , ------------------ -,.---_----_-_---------_-------------- 8. Names and addresses of witnesses, doctors and hospitals. T>4*Tv c�c 3 0vk� u_0 40 ---------S,�ni __-�r9 _cam---9¢E�6---------- - =Q ------ 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 or by some person on his behalf." Name and Address .of At ruck 11'''?II J f2iS �_ aiman 's Signature ;;t [-;4 ot,4 U, c b4 _ _ __ address Telephone No Telephone`No. —Q Loki D AL.L QP►F�1Zwo��C To MG• .: N07; ICE Section 72 of the Penal Code provides: ' 1'"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. t S�LLAZ) co t. -TIR c�BO E `T�iJ l4es� SOA 1 / R ►`'�`( � I� S toksig —te45� c nlC� �k�i �E C>_��_ ►3.S_ c��opt - -c��o,���-y -�- • �r • �- � �- jar -tp jnjT 0 tom-_ -�r�►E t� �4cA t_ r_S cA- y I o CE - 120- CC) r:xilc lovs-1- S_FVk- W-,--- - - - -- '-- - - cA- vAv4��. Z_� �_STRA--r- N_(_ ac0� off_- _ o -camp4j;-- - - ---- - lQq j D P A-lA�Res.S kr.i-C> 3iScZ- 4A A N� _ i -4ti.SS c t T 77-V 90_ D ALSO _�t�0�__�N•b tG1�Tt t�� _ - -- ALso- -S i oQG_ SES --- _ i` T 1-�.o.t� �. ►�._ _--Lc S �-1E 5�4w1E ►4PEA__—z _ -v\-< cDSE --c c.) c3�C,IPtuS� o� 155_ --_ E-- o.�lS �`49 �XvZ a D V. S - ,M vl� " o��-- -'CTo - --- . — 71 --� -- SCE_—aha�L4Tff - i4_ _ c --- - - -- -__ --- 1 VC- TN S �dy - 4:21 tai 0— C5F k_t SE --- - -- — l t L ��� � � � ' .�! � �' � . � � � � :s,� :�, D "� ��� 7��c�. �- � d �' �;, ��gab ''� .� 7 7; o,;, N ,-. � jJ �`; � ��z � o � � � � � ,�� o, �� � d _!��. � � � °� � v N ' �.�- � '� �rry f. LLL\\\ '' � � •�y. CLAIM A d3 ~ 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 JULY 2 4 , 1990 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: $45 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: McNeal (?) , Tonya ATTORNEY: Date received ADDRESS: 220 Falcon Drive BY DELIVERY TO CLERK ON June 25 , 1990 (via Vallejo , CA 94589 transmittal) BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �bIL BATCHELOR, Clerk DATED: June 27 , 1990 : Deputy II. FROM: County Counsel TO: Clerk of the Board of S rvisors - ) 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: _4- 2z /yp BY: 00 /X14--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 (v) .This Claim is rejected in full. ( ) Other: i i I I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. (1n0 Dated: J U L 2 4 199PHIL BATCHELOR, Clerk, By Deputy Clerk i WARNING (Gov. code sect' 13) I 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, i AFFIDAVIT OF MAILING I 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: JUL 2 4 1990 BY: PHIL BATCHELORby Deputy Clerk CC: County Counsel County Administrator i - 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 ) Reserved for Clerk's filing stamp RECEIVED -- ) VIA Against the County of Contra Costa ) JUN 2 5 or M : ) District)- CLERK BOARD OF SU CONTRA COSTA CO. Fill in name ) The undersigned claimant hereby makes claiminsathe County of Contra Costa or the above-named District in the sum of $ �.� and in support of this-claim represents as follows: ch - -------------------------------------------------------- c1 1. When did the damage or injury occur? (Give exact date and hour) s I9 � ---------------`'------------------------ -----�-----=------------------------- 2. Where did the damage or injury occur? (Includ city and county) /�Y1 BIZ h/�Z 06n-t,� �6 5 , "�v�7�y 3. How did the damage or injury occur? (Give full details; use //extra paper if required) 5 GJa��C�n( �vv2 7 > T G 57 - ------------------------------- -------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused .the injury or dam age? CAUSED �5 �ca�SE � c/IDYL �'1 Gr��E �]G ,Ql�T2.t'CG� (over) 5. What are the names of county or district officers, servants:or employees causing the damage or injury?' --------------------------------------------------------------------7------7-------- 5. What damage' or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimaates�for auto damage: - y __-------------------------------_-------- 7. How was the ,amount -elaimed above computed? (Include the estimated amount of any prospective injury_or damage.) �.�C. �ITII%�-i�. ,C I�PJ� /�C ��,b!> ' �"7 .../.�;1Gi�`y_ S • .: z - J. 8. Names and addresses of' witnesses,- doctors and-hospitals'. --------------- --- - -- - - - - ------------------ 9. List the expenditures you made. on account of this aeeident. or injury: DATE ITEM AMOUNT` . ...._ vvr/& (023M332H - - - - : u; Gov; Code-Sec.'910:2 provides: "The claim must be signed by t laimant SEND NOTICES J0:wWI;PXPAM- or by some person on his beha f." Name and Address of4Ai tdf hey`"" C C _ Clai is Sig tur Address _ - ; , _ C Qpm Telephone No. Telephone No���� # # # '# 'iE # #. # I V I V V # # # NOTICE;, ; Sect:ion•72' 6f 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 U16 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: 1 CLAIM 1d3 1' 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 JULY 24 , 1990 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: $1001000 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: SANCHEZ , Eugenio and Suzanne ATTORNEY: Mr . Raymond Glickman, Esq . Zief, Diment $ Glickman Date received ADDRESS: 109 Geary Street BY DELIVERY TO CLERK ON June 26 , 1990 (via Risk San Francisco , CA 94108 Mgmt) BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: June 27 , 1990 BY: Deputy 11. FROM: County Counsel TO: Clerk of the Board of sors 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: 6 12T /90 BY: J • 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 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: JUL 2 4 1990 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: JUL 2.4 1990 BY: PHIL BATCHELOR by S6Deputy Clerk CC: County Counsel County Administrator 1 RECEIVED ' CLAIM AGAINST THEJM26 COUNTY OF CONTRA COSTA CLERK RVISORS Ir1'RA A CO. Government Code Sections 910 to 911 .2 require tha CO all claims must be presented to the Controller within 100 days from date of accident. CLAIMANT 'S NAME: EUGENIO SANCHEZ and SUZANNE SANCHEZ AMOUNT OF CLAIM: $ 100 ,000. 00 CLAIMANT'S ADDRESS: 2800 - 13th Street , San Pablo, California Phone: 392-8000 ext. 6559 ADDRESS TO WHICH NOTICES ARE TO BE SENT: Raymond Glickman ZIEF, DIMENT & GLICKMAN 109 Geary Street DATE OF ACCIDENT: 4-26-90 San Francisco, CA 94108 LOCATION OF ACCIDENT: 2800 - 13th Street , San Pablo, California HOW DID ACCIDENT. 000UR: On or about the 26th day of April 1990 , while Suzanne Sanchez was at the property located at 2800 - 13th Street , San Pablo, California , officials of the West Contra Costa County Narcotic Enforcement Team unlawfuly entered the premises , causing damage to the building and severe emotional shock to claimants . DESCRIBE INJURY OR DAMAGE: Damage to building and severe emotional shock . NAMES OF PUBLIC EMPLOYEE OR EMPLOYEES CAUSING INJURY OR DAMAGE, IF KNOWN: MICHAEL RAMIREZ ITEMIZATION OF CLAIM: ( hist items totaling amount set forth above. ) EUGENIO SANCHEZ $ 20 , 000. 00 SUZANNE SANCHEZ $ 80 , 000 . 00 TOTA $100 , 0 U. Signed by or on behalf of claimant: A / �--% Raymond Glickman, Esq. NOTE: CLAIM FORM MUST BE FILED IN DUPLICATE BOTH COPIES MUST BE SIGNED . I CON'T'RA COSTA COUNTY MUNICIPAL RISK MANAGEMENT INSURANCE AUTHORITY 1407 OAKLAND BOULEVARD • SUITE 200 • WALNUT CREEK, CA 94596 (415) 943-1100 • FAX (415) 943-1801 June 22, 1990 CITY OF EL CERRITO 10890 San Pablo Avenue E1 Cerrito, California 94530 ATTN: Joanne Sidwell e: CLAIMANT: Eugenio Sanchez/Suzanne Sanchez OUR PRINCIPAL: City of E1 Cerrito DATE OF LOSS: 04-26-90 /Dear Joanne: / Allow this to serve as our first report on the above cap- tioned claim. INCIDENT Enclosed for your review is a claim filed by Eugenio Sanchez and Suzanne Sanchez, arising out a drug raid which occurred at their residence at 2800 13th Street, San Pablo, Califor- nia. The raid was conducted by the WEST-NET Drug Task Force, of which El Cerrito is a participating agency. The sequence of events leading up to the erroneous raid went as follows . E1 Cerrito Detective Ramirez received a tip from a confiden- tial informant. The informant advised Ramirez that metham- phetamine was being dealt out of a private residence at 2804 12th Street. Acting upon that information, the WEST-/NET Force obtained a search warrant for the residence located at 2800 13th Street. The team arrived at the residence and after identifying themselves as police, forced the door and searched the residence. Unfortunately, it was the wrong house. The only occupant to the residence was minor Suzanne Sanchez . The officers treated her courteously, gave her' their 'card and left. Although she was obviously traumatized • .by: the raid, she apparently did not see a doctor and': has.'.' iio, medical specials . Sanchez vs . E1 Cerrito June 22 , 1990 Page 2 . INTERVIEW WITH WEST-NET I was contacted by Commander Harman of WEST-NET. He advised me that it was an El Cerrito officer who had run the inves- tigation and had probably erred. Harmon acknowledged that the indemnification agreement may make this El Cerrito's claim to defend and settle, but recognized the inequities with such a disposition. As a consequence of Ramiriz's direct involvement, I contacted the claimants attorney, Raymond Glickman: In my conversation with Mr. Glickman I advised him that this was a WEST-NET operation and procedurally he should file claims against all agencies . However, to facilitate an expedited disposition, he decided to send the claim directly to me. As you and I discussed in our telephone conversation, I could return it and tell him to file separate claims against all involved parties . Undoubtedly he will do so, but this only requires additional time and money expended, which predictably will drive up the value of the claim. INDEMNIFICATION AGREEMENT Enclosed is a copy of Section XIV of the memorandum of under- standing between the participating agencies, entitled "Indem- nification" . It reads : "For the purpose of indemnification, each participating agency of the Narcotic Enforcement Team shall be responsible for the acts of its participating officers and shall incur any liability arising out of services and activities of those officers, while participating in the team in the line of duty. " I interpret this to read that if officer Ramiriz was the negligent party which gave rise to this claim, then his employer, the City of E1 Cerrito, would be liable for any damages which may arise out of the incident. As we further discussed, I personally do not feel this is fair, equitable or adequately distributes the liability exposures to the entire team. i Sanchez vs E1 Cerrito June 22, 1990 Page 3 . I am forwarding a copy of the claim to Commander Harmon at WEST-NET, and asking that he distribute it to the participat- ing agencies . It is my suggestion that we attempt to settle this case without further procedural hassle, and then ask each agency to contribute an equal share to the settlement. This may run against the language of the indemnification agreement, but IbelieAre that it reflects the spirit and understanding of the participating departments. SETTLEMENT VALUE I have already offered the claimants attorney $500 to settle the case. He has agreed to review that and get back to me. I suspect the case has a settlement value up to $2,500 . 00 . RECOMMENDATION At this time I do not recommend that the City take any formal action on this claim. If we are unable to resolve the claim with the attorney, I will probably have him file separate claims against all entities before expiration of the six month statute. I will keep you apprised of further developments. Very truly ours, J E O'MALLE A t. Risk M ager/Claims Manager JOM/cc cc: Chief Quinn; City of Hercules Chief Givens, City of E1 Cerrito Chief Barnes, City of Pinole Ron Harvey, Contra Costa County R. M. Harman, WEST-NET - 6 - A. $90002.00 - Operational Funds -- Expenditures for the operation of the unit to include but not limited to such items as follows: - Printing, photo development, shipping - Locks and keys - Evidence destruction - Raid jackets - Mailbox rental - Equipment repair - Reference materials - Pagers, film, batteries, paper B. $24,048.50 - Law Enforcement Clerk position SECTION XII The Narcotic Enforcement Team Commander shall submit a written monthly report of expenditures to the Council . The Commander will have the authority to authorize expenditures up to $250.00 from the operational fund. Any expenditures over $250.00 will require the approval of the Director. Expenditures of funds from the operator-evidence account will be done consistent with the standards required by the Bureau of Narcotic Enforcement Regulations. SECTION XIII Under both state and federal guidelines, the Narcotics Enforcement Team is considered a law enforcement entity for purposes of receiving assets forfeited under state or federal statutes. All assets seized under such statutes that result in a return of funds or property to the Narcotics Enforcement Team shall be distributed by the governing board on a pro rata basis or retained for operations expenses as deemed appropriate by said board. SECTION XIV For the purpose of indemnification, each participating agency of the Narcotic Enforcement Team shall be responsible for the acts of its participating officer(s) and shall incur any li bilities arising out of services and activities of those rs, while aarticlDdtiny_in_ e eam in e in�f duty. Personnel assigned to the Narcotic Enforcement Team shall be deemed to be continuing under the employment of their jurisdiction and shall have the same powers, duties, privileges, responsibilities and immunities as are conferred upon him/her as a police officer in their own jurisdiction. I " CLAIM ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JULY 24, 1990 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: $46.61 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: SMITH, Jerry D. Jr. ATTORNEY: Date received ADDRESS: 769 Humboldt St. , Apt. B BY DELIVERY TO CLERK ON June 20, 1990 Richmond, CA 94805 BY MAIL POSTMARKED: June 19, 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 22, 1990 IVIL BAATTCYELOR, Clerepul 11. FROM: County Counsel TO: Clerk of the Board of Luav6sors ( ) 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 5 I9l1 BY: l / J 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: J U L 24 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se n 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, i California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: J U L 2 4 1990 BY: PHIL BATCHELOR by Deputy Clerk } CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Jerr Smith, Jr. 769 H dt St. , Apt. B Richmond, 94805 Re: Claim of JERRY D. ITH, JR. 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 County Counsel CERTIFICATE OF SERVICE BY MAIL C.C.P. 99 1012, 1013a, 2015 . 5 ; Evid. C. SS 641 , 661, 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: 'U x.41 o,D , at Martinez, California. cc: Clerk of the Board of Supervisors (o ginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.55 910, 910 . 21 920 .4, 910 .8) INSTRUCTIONS TO CLIMMAMT A. Claims relating to causes of action for deathi oir frour tm.y 5, t- n Tinrs�m �r tM per- sonal property or growing crops and which accrue, mi ar borer de er 32, 1987 must--be-presented not later-than- the 100th dal aff'�-Atp_ am=mL 'OT tte rause of action. Claims relating to causes of action fZw dlaaaith� or fbr� jidprry to person or to personal property or growing crops and wb.L ar=me cm or 29t. Januar y 1988, must be presented not later than six mrm2hm affle_- tlhev aa=mli c_f' the r-ause of action. Claims relating to any other mze cd amtjcm must NL, Tpmemrrnted not later than one year after the accrual of the czu�; of.' actt= ({Goat., Cbde 5911.2. B. Claims must be filed with the Clerk of. the Bard aff 31cpervfBq=z at, Jqtssi zdnze in Room 106, County Administration Building, 65J P-1ne. 3'*rep_t., I&Tr3iner4, CM 9Z4553. C. If claim is against a district governed by tte. 2- Wrtl rta�tfirrr than the County, the name of the District should lei flMewdl imp.. D. If the claim is against more than one public; enft�tyy,) a=araTa! claffum; Tmat be filed against each public entity. E. Fraud. See penalty for fraudulent claims Te-nal, 7PT ;-71" t"M en-i of this form. * * * * * * * * * * * * * * * * * * * * * * * * *,I * W. W W. W A A W W. W W -N RE: Claim By Reserrvat fbrk- 02e!rW�_-, Mlftiin , stfzmp RECEIVED Against the County of Contra Costa JUIN 2 0 1990, or PHIL 3ATC.HEILOR D&%" I C,11�W"M PERV Sots _C' District) L_4�C"00"��T TRA O COSTA A COC DUlv (Fill in name) The undersigned claimant hereby makes claim agal'r8t t1te VT Zxntrna Vosta cr the above-named District in the sum of $ ami fn! suggont. c)f this claim represents as follows: ---------------------------7-7----------------- 1. When did the damage or injury occur? (Give ec=t. &ftee; andi t=rl -------------------------------------------------- 2. Where did the damage or injury occur? (Inc]Ju(dE- (nitT, andscam-tyll) --—---------------------------------------------—--- 3. How did the damage or injury occur? (Give full. -u-ze. extrat. pzqer if required) -----------—---------------------------------------------———-------- 4. What particular act or omission on the part xf' csi=ty,, err dITstrila"s. of,111mers, servants or employees caused the injury or &m�'"? r Sherif -uoro-ner r y CQrltrd ' SHERIFF CORONER Cos+^ Duayne J:Dillon P.O. Box 391 td Assistant Sheriff_ Martinez. California 94553 �- •Warren E. Rupt (415) 372- 4494 _ - co�ijnty _ - Assistant Sheriff �Q y, i. n J i f :t Enclosed, is a County Claim Form.. Please list the missing articles and their value, along 'ii':ith any documents you may have, i .e. , receipts etc. Be sure *you have included Dertinent dates that tie in with your loss.' These dates should show when you were brought here and when you left. Then you must return this form to Contra Costa County, Clerk of the Board, 651 Pine St. Room.1.06; Martinez," CA 94553...___ AN EQUAL OPPORTUNITY EMPLOYER e� `0 C� v1 -- ca F r•� t 70 G - -10W�It'' c. � U rl ,r � J 1 A N V • �� CLAIM A a3 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 JULY 24 ' 1990 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: $100 , 000 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ZAUGG, David and Michelle on behalf of Andrew ATTORNEY: Robert Bianco , Esc{ . Date received ADDRESS: Bianco , Brandi' & Jones BY DELIVERY TO CLERK ON June 26 , 1990 44 Montgomery St . , #900 San Francisco, CA 94104 BY MAIL POSTMARKED: June 25 , 1990 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �bIL BATCHELOR, Clerk DATED: June 27 , 1990 : Deputy II. FROM: County Counsel TO: Clerk of the Board of visors � ) 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: /27 199f, BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Admini rator (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: J U L 24 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code secion 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: J U L 2 4 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator •r CLAIM TO: BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA RECEIVED RE: Claim By: 2 6 SM DAVID AND MICHELLE ZAUGG, on behalf of CL 90ARD OF SUPERVISORS their minor son, ANDREW ZAUGG CONTRA COSTA CO. Claim is hereby made in behalf of claimants against the County of Contra Costa in the sum of $100, 000. 00, and in support of this claim, claimants represent as follows: 1. The injury to the minor, Andrew Zaugg, occurred on April 30, 1990. 2 . The injury occurred at the Mauzy Special Center, on Miranda Avenue, Alamo, California, County of Contra Costa. 3 . Claimant' s minor, Andrew Zaugg, is a disabled person who was receiving prescribed medical care through the California Childrens Service. On April 30, 1990 therapists Julie K. Oberstetter and Dawn Graeme, employees of the California Childrens Services, while cutting the leg casts on claimant' s minor, negligently inflicted second degree burns on both legs. 4 . The injury was caused by the mishandling of the cast- cutter by California Childrens Service employees. 5. The names of the County employees causing the injury are: Julie K. Oberstetter Dawn Graeme 6. The minor child suffered second degree burns from ankle to knee on the right side and a short burn on the left side, in addition to pain and suffering related to these injuries. The damages are estimated at $100, 000. 00. 7 . The estimated damages were computed as follows: Medical expenses, permanent and partial disability, pain and suffering. 8. The minor child was treated by Dr. Woodard at Peralta Hospital. 9 . The expenditures made on account of this injury to date are: 4/30/90: Dr. Shenkin, 2500 Central Ave. , Alameda, Ca. $ 45. 00 Followup Visits: Dr. Bruce Horowitz, 400 29th St. , Ste. 307, Oakland, Ca. 94609, $84 . 00. 10. SEND NOTICES TO: BIANCO, BRANDI & JONES ROBERT L. BIANCO 44 Montgomery Street, #900 San Francisco,Ca. 94104 (415) 362 6100 11. This claim is submitted on behalf of claimants David and Michelle Zaugg, 133 Hodges Drive. Moraga, Ca. 94556 (415) 376 4857 . DATED: June 12 , 1990. BIANCO, BRANDI & JONES ROBERT L. BIANCO Attorneys for Claimant B I A N C O RECEIVE® B R A N D I JW 2 61990 J O N E S CIES ',BOARDOF SUPERVISORS CONTRA COSTA CO. Attorneys at Law June 15, 1990 Clerk of the Board of Supervisors County Administration Building, Room 106 651 Pine Street Martinez,Ca. 94553 Re: Claim of Zaugg Our file: > A90 077 PIN Dear Clerk: Enclosed are original and two copies of a Claim Against the County of Contra Costa. Would you please receipt-mark the extra copy and return it to us in the envelope provided. Thank you. You s ery truly, ROBERT L. BIANCO RLB/mal Enc ROBERT L. BIANCO THOMAS E. FEENEY TERRY SENNE BARBARA J.R. JONES WILLIAM S. SPARKS MYLENE L. REUVEKAMP THOMAS J. BRANDI LAWRENCE A, MERCER OWEN MAYER STEPHEN M. MURPHY* DENNIS E. SIMMONS 44 Montgomery Street,Suite 900 San Fran CISCO,California 94104 Facsimile(415)986-5271 Telephone(415)362-6100 Admitted in Massachusetts and Califonna � 0 � - 2 > ® z z m O n \ 0 % . Q � o % 0 no \± 1 0 % k X = nn % \ 2 \ 2 /® 0 m 0G ■ � / 7H. / 0. / \ % ® \ o om \k ^© � � (D � \ 70i 7 •' _ AMENDED A c-2 3 * 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 JULY 24, 1990 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: $2025,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: KOH, Renato, Cecile, Jenelle, Jessica and Jason ATTORNEY: Steven R. Cavalli, Esq. Gwilliam and Ivary Date received ADDRESS: 1401 Lakeside Drive, Ste. 800 BY DELIVERY TO CLERK ON June 22, 1990 (hand delivered) Oakland, CA 94612 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH ggClerk \ '' - DATED: June 22, 1990 BY1L DeputyLOR, II. FROM: County Counsel TO: Clerk of the Board of S4eWisors � ) 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: G 2 5 I�1() BY: �NNUDeputy 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: J U L 2 4 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se n 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:-JUL 2 4 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM AGAINST COUNTY OF CONTRA COSTA (a) NAME AND ADDRESS OF CLAIMANTS: Renato and Cecile Koh (and their children: Jenelle A. Koh, Jessica A. Koh, and Jason A. Koh) 13327 Woodbrook Circle Garden Grove, CA 92644 ` RECEIVED" (b) SEND ALL NOTICES TO: Steven R. Cavalli, Esq. IN 2 2rPERVISORS Gwilliam and Ivary 1401 Lakeside Dr. , Suite 800 CLERK Oakland, CA 94612 COMMA COSTACO. (c) DATE OF OCCURRENCE: January 6, 1990 PLACE OF OCCURRENCE: Intersection of Tara Hills Drive and Limerick Road, City of Pinole, California CIRCUMSTANCES OF OCCURRENCE: Claimant Renato Koh was driving his 1988 Mitsubishi van southbound on Limerick Road, leaving the Garrity Ridge Development. There was no stop sign or other traffic control for traffic traveling northbound on Limerick Road. Mr. Koh slowed as he entered the intersection and, as he proceeded through the intersection, the van he was driving was struck by) a Dodge truck driven by Mr. James Alexander Philip. The intersection constituted a dangerous condition of public property as that term is defined by Government Code § 835 in that there were no traffic controls present for northbound traffic on Limerick Road when there should have been, nor were there any warnings. The County of Contra Costa was further careless and negligent in failing to see to it that a stop sign was placed at the aforementioned intersection to control traffic traveling northbound on Limerick Road. Plans submitted to the city by the developers of Garrity Ridge Development provided for the placement of a stop sign at the aforementioned intersection for the purpose of controlling traffic northbound on Limerick Road. The County of Contra Costa knew, or should have known, that this intersection, which was within an unincorporated area of the County,constituted a dangerous condition of public property. as defined by Government Code Section 835 and yet failed to protect against or warn motorists of said danger. (d) GENERAL DESCRIPTION OF INJURY, DAMAGE OR LOSS INCURRED: The total extent of the damages and injuries are unknown at this time. Cecile Koh sustained very severe injuries to her back which required a lengthy hospitalization at John Muir Hospital in Walnut Creek where she underwent two surgeries. A third surgery is currently contemplated and she has not yet returned to work and it is questionable whether she will ever be able to return to work. Renato Koh sustained very severe facial injuries requiring plastic and reconstructive surgery and he also sustained injuries to his back. The three Koh children who were in the vehicle were severely traumatized by the accident, although it appeared at this time that they sustained no serious physical injuries. The total amount of medical expenses and lost wages are unknown at this time. (e) AMOUNT OF CLAIM AND BASIS OF COMPUTATION: $2 , 000, 000 as to Cecile Koh based on the severity of her injuries to date; $250, 000 as to Renato Koh based on the severity of his injuries as are known to date; $25, 000 as to each of the Koh children listed above, based on the severity of their injuries as far as known to date. (f) BASIS OF CLAIM: The intersection in question was dangerous and the County of Contra Costa knew or should have known that it presented a dangerous condition due to the lack of traffic controls and warning signs at same. DATED: Ju 1990 Steve4 A7—"C'&Valli Receipt of a copy of the within claim is hereby acknowledged this day of , 1990. CLAIM AGAINST COUNTY OF CONTRA COSTA (a) NAME AND ADDRESS OF CLAIMANTS: Renato and Cecile Koh (and their children: Jenelle A. Koh, Jessica A. Koh, and Jason A. Koh) 13327 Woodbrook Circle Garden Grove, CA 92644 (b) SEND ALL NOTICES TO: Steven R. Cavalli, Esq. Gwilliam and Ivary 1401 Lakeside Dr. , Suite 800 Oakland, CA 94612 (c) DATE OF OCCURRENCE: January 6, 1990 PLACE OF OCCURRENCE: Intersection of Tara Hills Drive and Limerick Road, City of Pinole, California CIRCUMSTANCES OF OCCURRENCE: Claimant Renato Koh was driving his 1988 Mitsubishi van southbound on Limerick Road, leaving the Garrity Ridge Development. There was no stop sign or other traffic control for traffic traveling northbound on Limerick Road. Mr. Koh slowed as he entered the intersection and, as he proceeded through the intersection, the van he was driving was struck by a Dodge truck driven by Mr. James Alexander Philip. The intersection constituted a dangerous condition of public property as that term is defined by Government Code § 835 in that there were no traffic controls present for northbound traffic on Limerick Road when there should have been, nor were there any warnings. The County of Contra Costa was further careless and negligent in failing to see to it that a stop sign was placed at the aforementioned intersection to control traffic traveling northbound on Limerick Road. Plans submitted to the city by the developers of Garrity Ridge Development provided for the placement of a stop sign at the aforementioned intersection for the purpose of controlling traffic northbound on Limerick Road. 1 RE V a M 21219A0 CLER�nNTPA res�ra ce. �" L- The County of Contra Costa knew, or should have known, that this intersection, which was within an unincorporated area of the County,constituted a dangerous condition of public property as defined by Government Code Section 835 and yet failed to protect against or warn motorists of said danger. (d) GENERAL DESCRIPTION OF INJURY, DAMAGE OR LOSS INCURRED: The total extent of the damages and injuries are unknown at this time. Cecile Koh sustained very severe injuries to her back which required a lengthy hospitalization at John Muir Hospital in Walnut Creek where she underwent two surgeries. A third surgery is currently contemplated and she has not yet returned to work and it is questionable whether she will ever be able to return to work. Renato Koh sustained very severe facial injuries requiring plastic and reconstructive surgery and he also sustained injuries to his back. The three Koh children who were in the vehicle were severely traumatized by the accident, although it appeared at this time that they sustained no serious physical injuries. The total amount of medical expenses and lost wages are unknown at this time. (e) AMOUNT OF CLAIM AND BASIS OF COMPUTATION: $2 , 000, 000 as to Cecile Koh based on the severity of her injuries to date; $250, 000 as to Renato Koh based on the severity of his injuries as are known to date; $25, 000 as to each of the Koh children listed above, based on the severity of their injuries as far as known to date. (f) BASIS OF CLAIM: The intersection in question was dangerous and the County of Contra Costa knew or should have known that it presented a dangerous condition due to the lack of traffic controls and warning signs at same. DATED: June 21, 1990 Steven R. Cavalli Receipt of a copy of the within claim is hereby acknowledged this day of 1990. AMENDED CLAIM /. c�)3 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 JULY 24 , 1990 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 , 501, 000 . 00 Section 913 and 915.Rft8V ,se note all "Warnings". CLAIMANT: MOZINGO, James , Linda, Timothy and Amy JUL 1 .1 1990 caUNr ATTORNEY: Dean Miller, Esq . 4J01-1NZ a Attorney at Law Date received ADDRESS: 1330 Broadway, Suite 1302 BY DELIVERY TO CLERK ON July 9 , 1990 (via Counsel) Oakland, CA 94612 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: July 10 , 1990ppHIL BATCHELOR, Clerk IV!' Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors � ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �II hO 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 ORDERThis 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: J U L 2 4 1990 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: JUL 2 4 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator RECEIVED 1 DEAN G . MILLER JUL 06 1990 Attorney at Law 2 1330 BROADWAY , SUITE 1302 COUNTY COUNSEL OAKLAND , CA 94612 MARTINEZ, CALIF. 3 (415 ) 763-0614 .RECEIVED,- 4 ATTORNEY FOR JAMES MOZINGO , LINDA MOZINGO , TIMOTHY MOZINGO 9 10 5 AND AMY MOZINGO 6 I :NTO CLERK BOARD OF SUPERVISORM CONTRA COSTA CO. 7 8 'NOTICE 'OF CLAIM AGAINST THE CITY OF SAN RAMON , 9 CALIFORNIA AND CONTRA COSTA COUNTY, CALIFORNIA 10 Government Code ss 910, 910. 2 11 12 13 14 JAMES MOZINGO , LINDA MOZINGO , TIMOTHY MOZINGO AND AMY 15 MOZINGO, 16 Claimants , DATE OF OCCURANCE : April 8 , 1990 17 TIME OF OCCURANCE : 2 : 30 A . M . PLACE OF OCCURANCE : 3828 Aragon 18 Lane , San Ramon Vs . 19 20 CITY OF SAN RAMON , OFFICrR WENCEL , CONTRA COSTA COUNTY , 21 Defendants . 22 / 23 FACTS 24 25 On or about April 8 , 1990 defendants , without probable 26 cause , without permission and without legal authority entered the 27 28 1 , 1 property of the Mozingo family . Timothy Mozingo , an adult , 2 identified himself upon request of Officer Wencel and otherwise 3 cooperated with Officer Wencel during Officer Wencel ' s 4 interrogation of him . Officer Wencel , without probable cause or 5 legal authority , demanded to speak with Timothy Mozingo ' s 6 parents . Timothy Mozingo , informed Officer Wencel that he would 7 bring his parents to the door of his house , but that Officer 8 Wencel did not have permission to enter the premises . 9 As Timothy Wencel entered the premises through the front 10 door Officer Wencel forced his way into the premises . Officer 11 Wencel had no probable cause to , or right to enter the premises 12 and did so after specifically being told by Timothy Mozingo that 13 he would not be allowed into the premises . 14 Once inside the premises , Officer Wencel attacked Timothy 15 Mozingo by choking him , beating him about the head and shoulders 16 and throwing him to the floor . 17 At no time during this attack did Officer Wencel announce 18 himself as a police officer . Linda and James Mozingo , parents of 19 Timothy Mozinga were awaken from a sound sleep by the attack of 20 Officer Wencel . Believing that the house was being broken into , 21 Linda Mozingo called the police . While Linda Mozingo was on the 22 telephone to the police department , Larry Mozingo investigated 23 the intrusion . He could hear his son ' s voice and could hear 24 sounds of an altercation . Believing that his son was being 25 attacked , he went to the aid of his son . At no time during this 26 27 28 - 2 - 1 altercation did Officer Wencel identify himself as a police 2 officer . 3 After order was restored by Larry Mozingo , Officer_ 4 Wencel , unlawfully and without cause , took Timothy Mozingo into 5 custody , arrested him and imprisoned him . 6 INJURIES 7 Timothy Mozingo , as a result of the battery 8 9 upon him committed by Officer Wencel suffered injuries to. his i0 groin and back as well as severe emotional distress . He has 11 sought and continues to seek medical attention for these 12 injuries . 13 Linda Mozingo , Amy Mozingo and Larry Mozingo have 14 suffered and continues to suffer severe emotional distress as a 15 result of Officer Wencel ' s unauthorized and illegal entry into 16 the house and physical attack upon Timothy Mozingo . 17 The damages of all of the claimants are continuing . 18 DAMAGES 10 Timothy Mozingo has suffered and continues to suffer loss 20 21 of wages as a result of his injuries . Linda Mozingo has also 22 suffered a loss of income as a result of the illegal and 23 unauthorized actions of Officer Wencel . Larry Mozingo sustained 24 damage to a watch and there is approximately $ 1 , 000 . 00 in damages 25 to the house . 26 TOTAL CLAIM OF LINDA MOZIN'G/OFj�,t..�o(,0.� /► ��v'� $250 , 000 . 00 27 TOTAL CLAIM OF TIMOTHY MOZIfN� GO u9wr.Sp 750 , 000 . 00 28 — 3 — 1 TOTAL CLAIM OF LARRY MOZIN 250 , 000. 00 6 2 TOTAL CLAIM OF AMY MOZINGO 250 , 000. 00 3 TOTAL CLAIM FOR PROPERTY DAMAGE 1 , 000 .00 4 TOTAL CLAIM $1 , 501 , 000 . 00 5 6 DATED : May 29 , 1990 Dean G . Mi ler , Attorney 7 for claim nts 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - CERTIFICATE OF MAILING I , the undersigned , declare under penalty of perjury : That I am a citizen of the United States , over the age of 18 and not a party to the within cause or proceeding ; that I am an employee of Dean G . Miller and my business address is 1330 Broadway , Suite 1302 , Oakland , CA 94612 ; that I served a true copy of the attached : Notice of Claim by placing said copy in an envelope addressed to : Victor Westman County Counsel Attn : Phillip Althoff P .O . Box 69 Martinez , CA 94553 which envelope was then sealed and postage fully prepaid on the date set forth below , deposited in the United States mail at Oakland , California . Executed at Oakland , California . Date : July 4 , 1990 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 JULY 24, 1990 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: $400,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT:BARFIELD, Michael, Barbara, Christopher, Michelle, Adrienne, Michael.Jr. , Kendrick, and Desmond ATTORNEY:panos Lagos, Esq. Law Offices of Panos Lagos Date received ADDRESS: 5032 Woodminster Lane BY DELIVERY TO CLERK ON June 20, 1990 (hand delivered) Oakland, CA 94602 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH DATED: June 22, 1990 BYIL BATCHELOR, Clerk eputy 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: I Z 5 a BY: J 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 of the Board's Order entered in its minutes for this date. Dated: JILL 2 4 1990 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: J UL 24 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 5. What are the names of county or district officers, servants or employees causing the damage or injury? �S�a IC uS� ------------------------------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for /auto damage/.' ,b ]O 4'e51 O —�—_— __N J/�coo•c P&,A ,ut �ama�nn o 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) J `tu,,L 6arF e��� Inti 4-L, ,-r I Proms 1 Ur? �o�u� 4o i),cwr CcosJ, a-R ��c� n} �2n�ovrur1 fit��P� ULAI loeE.n-} �of e�W$I.t�{-tel 5,he( 1t2.0hr//90 4It[ y �to�.x .Q�'P./¢NP�ePA� d� .'ear5J�*,PIkz%//h,04&elefn r14s JGtL�1L5� =�—CQ — .�-WAA .5-1a1 --T— b L`� ,�L�u 'Mr.�._n��K. r.(.—J X10��Ln c��M �•I�K4 '�' l�vria�p�jS- 8. Names and addresses of witnesses, doctors and hospitals. Y ----------------------- ---------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The clai st be signed by the claimant SEND NOTICES T0: (Attorney) orb s er on op7his behalf." Name and Address. of..Attorney..-., _•�., LAO off' 8.101 (Claimant'SSignature) SO3 LJoc (Address) �cOrni�skr Lq^ Q 5032 !,+lBoo�l�Y�h �- Ogkru...,d / cel 941602- Telephone 41602Telephone No. Telephone No.CVit"� .0-ISO Seep * * * * * * * V * * * * * * * * * 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. 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 ) Reserved for Clerk's filing stamp M ct,cek Barf�t 1di & Ilona 4nrC-19, A"4 ) C-kric,f Pqk'' 6w6'eld" 01kkilk kc,(Geld)Adn'e4a ISQa# �_ZqPJIVED K,'d.,.-1 �*l=�aJd J�, ��cari"lC �a4';at�! , Desmo� rfi.e�l8a /r/, // V0 Against the County(� of Contra Costa ) JUN 2 0..1990 H-0L f,IAl A.,, +twt( OEt ) PHI!BATCHELOR Cor`64 cotf e �b A n� District) clear. CH SUPERVISORS cosA co Deputy (Fill in name) I ) BF ""' The undersigned claimant hereby makes claim against th ty of Contra Costa or the above-named District in the sum of $ 100.) o6o,o o and in support of this claim represents as follows: -=----------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) ---- oN`------Member 29�14 �-°--- `e== ------------------------------------ 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) 5< C �1 4+4+4 nn , 1 cJ� e,� ---------------- ------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? 5.ec,urJ( (over) ' rt ifM • , �w,n"LQ C A-p+ 4/o J � 4/A 6^ nil R !✓roir7y is rS2on` d�SrS r �" -� /�^� ,nptr� Coati-afi Cc�sfQ �rx.n�-y. / ' 4 �' 4 i COmrnen c P �,pP/nl O 4e,70,1c tY`� � �octJr^ j ofr�t G1r) t� /-aS, l( , ' 44 PI, A �(I 0-t2..C1 a ! pre,-, S2J, { lQ_y i� tOme ?G� 444A C3q iPIdS �Q�Q Afj,> .SPGurlf} �°N �a vo 1 ( �t2/Y�rSQ� Gz,1n� ammP�rs�{ S'c crpk�GPc' l g y l / (a 2� �O(A C C(a� 1-7 d� �, ma k , lLe prerh� 5J2 b r `t U { S4rrou 611 �anmalh ZOO lq ?O rn•jra #�c t !! �J / 141 , Ict ear C or pcPM! $eS Acro-V j, tYrL't SSinQ G�arf t, t14 tU( p {2.a4 ,}}I IAA 8QfhtP1611 �W� T /�rQ�ar.i49 cYCsX cc- uQsy Ir,Oe3 0/1 JA4a4,h 2 l � j�1'�jU 'YALA �tc�k�,`�7 At.44arr Y � oe,,OQtt1 u.p (Jre-V� 4&� (—ro-h JOr .c.� 20 010 j4F40 , 4A-.o 13 a ,e(JJ- V3 en a JJV9mA (21 -1 r�Jruur 2ers t S Pv t'IA�Sr�+ ,��-ror,� 1t� Ct�c✓ jj `���� � I {�" pr1w.�� elr�torn� Pr/p / nv{r`Gl �ltf 'J�tfCl'3(Glj W�°. wa✓Q S}rY{ t-Q�nt1y r✓t 1I�oSlcSi`o,. m� �'4.( �r4�.+iSe� y prt.)viri,ej rrrEfff�kSt�t�j / `Yh O1tt jej�l aSglvr�ctl rr✓h O /} �7 49 !�/.�Go dRJ `!' tt" �•4 Sa..al Pto� Li/d) /t4 V- I AT V � / e�?3 ' APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT JULY 24 , 1990 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. HUGHES , Jonathan "Jay" E . Claimant: CALLAHAN, Sherry Boehme Attorney: Address: P . O. Box 2164 Santa Rosa, CA 95405 Amount: By delivery to Clerk on June 25 , 1990 (via Counsel Date Received: June 25 , 1990 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: June 27 , 1990 PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel e.: lerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (x) The Board should deny this Application to File Late Claim (Section-911..6).. DATED: (r` Z S U VICTOR WESTMAN, County Counsel, By Deputy r III. BOARD ORDER By unanimous vote of Supervisors ry'esent (Check one only) ( ) This Application is granted (Section 911.6). (p,<�This Application to File Late Claim is denied (Section 911 .6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: JUL 24 1990 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code §911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the•provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• DATED: J UL 2 4 1990 PHIL BATCHELOR, Clerk, By Deputy V. FROM: . 1 County Counsel 2 County Adm ni rator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM RECEIVE®. APPLICATION TO FILE LATE CLAIM AGAINST PUBLIC ENTITY JUIV `� G 199,? co n 2 M4R Nf UNSEL In the Matter of the Application for Permission To File Late Claim of c4"F SHERRY BOEHME CALLAHAN and JONATHAN "JAY" E. HUGHES, Claim ts, " Vu4 CaUIUSE,4- 6 °S. dli 5= 6 JUDGE ELLEN S. JAMES and THE COUNTY OF CONTRA COSTA CLERK RS 7 1. SHERRY BOEHMB CALLAHAN and JONATHAN "JAY" E. HUGHES a apply to THE COUNTY OF CONTRA COSTA for leave to present a claim against JUDGE 8 ELLEN S. JAMS and THE COUNTY OF CONTRA COSTA, pursuant to Section 911.4 of the California Government Code. 10 2. The cause of action of SHERRY BOEHME CALLAHAN and JONATHAN "JAY" E. HUGHES " claimants, as set forth in our proposed claim attached hereto, accrued on 2/5/90, 12 a period within one year from the filing of this application. 13 3. SHERRY BOEHME CALLAHAN and JONATHAN "JAY" E. HUGHES' reason for the delay 34 in presenting our claim against JUDGE ELLEN S. JAMES and THE COUNTY OF CONTRA COSTA 15 is as follows: 16 SHERRY BOEHME CALLAHAN and JONATHAN "JAY" E. HUGHES filed an action against 17 JUDGE ELLEN S. JAPES and THE COUNTY OF CONTRA COSTA, plus other defendants, in Case No. C90-01367 in the Superior Court, State of California, County of 1s Contra Costa, Martinez on March 29, 1990. (EXHIBIT A) The charges against JUDGE ELLEN S. JAMES and the COUNTY OF CONTRA COSTA as 19 Respondeat Superior are as follows: ABUSE OF PROCESS; FRAUD; COERCION; CONSPIRACY; and NEGLIGENT AND/OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRES . 10 This matter arose out of JUDGE ELLEN S. JAMES having transfered Case No. Zl C89-00545 from the Superior Court to the Municipal Court without benefit of Jury which was scheduled to be selected on the morning that JUDGE ELLEN S. JAMES transfered the case - thus, at once, becoming BOTH judge and jury! Case No. C89-00545 is against DR. C.S. WHITSON on a battery charge having 23 broken the middle right hand finger of SHEY BOEHME CALLAHAN while attackin her in a rage which was witnessed by her son, JONATHAN "JAY" E. HUGHES. 24 SHERRY BOEHME CALLAHAN and JONATHAN "JAY" E. HUGHES declare that they believ that this fraudulent action by JUDGE ELLEN S. JAYS was prompted by an over 25 all conspiracy by the defendants in Case NR. C90-0136?. DR. C.S. WHITSON Zs is connected to Dr. Keith Seidenstricker who is a fierce and powerful enemy and against whom SHERRY BOEHIE CALLAHAN has accused of having started a mamouth conspiracy to commit murder by denying medical care for illnessev 27 that can be fatal - Osteomyelitis and Tuberculosis. Katy Gronowski, Esq. is 28 the attorney for DR. C.S. WHITSON and she represents MICHEL & MANNING who is also listed as a defendant as Respondeat Superior in the above mentioned case. SHERRY BOEHME CALLAHAN were unaware that a claim needed to be filed with the S county prior to starting litigation against JUDGE ELLEN S. JAMES and THE COUNTY OF CONTRA COSTA, and having been informed that such was the case, are now filing the b claim according to Government Codes #910 and #910.4. 6 The amount of the claim is not presented herein, as the nature of the charges agains 7 JUDGE ELLEN S. JAMES and�THE COUNTY OF CONTRA COSTA are of a very serious nature, an S it is prefered that a judge hearing the case would make that determination, 9 EXHIBIT B is enclosed herewith as evidence of the transfer of Case No. 89-00545 10 by JUDGE ELIEN S. JAMES from the Superior Court to the Municipal Court without 11 benefit of jury - she had no right to take the case from the jury! 12 Claimants address and address for mailing is as follows: 13 SHERRY BOEHME CALLAHAN and JONATHAN "JAY" E. HUGHES P.O. Box 2164 14 Santa Rosa, Ca. 95405 15 Attorney Phillip S. Althoff, Deputy County Counsel from the office of Victor J. Westman, County Counsel is the attorneyrfor JUDGE ELLEN S. JAMES and THE COUNTY OF 16 CONTRA COSTA, and his address is listed as follows: 17 Attorney Phillip S. Althoff, Deputy County Counsel lei Victor J. Westman, County Counsel P.O. Box 69 19 651 Pine Stree, 9th Floor Martinez, CA 94553 20 However, the direct mailing to JUDGE ELLEN S. JAMES is as follows: 21 JUDGE ELLEN S. JAbYS P.O. Box 911 22 Martinez, Ca. 94553 23 DATED: r Z4 / SHERRY BOEHM CALLAHAN 25 26 DATED: JONATHAN "JAY" E. HUGHES 27 28 2.