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Home My WebLink AboutMINUTES - 08281990 - 1.26 :r AMENDED CLAIM l, -2 67 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA `Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 28, 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: Undetermined Section 913 and 915.4. Please note all "Warnings". CLAIMANT: FREEDOM IRREVOCABLE TRUST RECEIVE® ATTORNEY: Douglas G. Cowan, Esq. AUG N '_' 1990 1350 Treat Blvd. , Suite 365 Date received U TY muupp��gE ADDRESS: Walnut Creek, CA 94596-2144 BY DELIVERY TO CLERK ON AugustrNE F�gilF. BY MAIL POSTMARKED: August 13, 199n 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. eH g DATED: August 22, 1990 BYIL BATCHELOR, Clerk P y 11. FROM: County Counsel TO: Clerk of the Board of Supervisors This cl aim complies substantially with Sections 910 and 910.2. As � Au• a�1e ca dA A e P2op�n1 - ewf• ( ) This clai FAI S to comply substantially with Sections 910 and 910.2, anda a so noti ing claimant. The card 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: 23 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. 1 Dated: A U G 2 8 1990 PHIL BATCHELOR, Clerk, B Deputy Clerk WARNING (Gov. code s' • 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: AU6 2, y 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator LAW OFFICES DOUGLAS G. COWAN AND STEVEN J. DUCA INDEPENDENT PRACTICES 1350 TREAT BOULEVARD,SUITE 365 WALNUT CREEK,CALIFORNIA 94596-2144 415.935.5300 FAX:415-935-5363 August 13 , 1990 RECEIVED a� Board of Supervisors FAUG County Administration Building CLERK BOARD OF SUPERVI 651 Pine Street, Room 106 CO^ITRA COSTA cC. Martinez, CA 94553 Attn: Phil Batchelor, Clerk of the 1'oard of Supervisors RE: Claim of Freedom Irrevocable Trust Members of the Board, I am returning the claim of Freedom Irrevocable Trust together with a copy of the covering letter indicating its return because of late filing. You should note that the enclosed claim is based upon a trespass to real property, a claim covered by the one year claim requirement. Please file and process this claim, since as you will note it was filed within one year. Sin y yours, 4DGLAS G. COWAN DGC:wp Enc cc: Client (w/o enc) a• – -- — - RECEIVED AUG 1 0 JR, toheldr i ne Board of Supervisors Contra Diarkoat�a�ara �+ and County Administration Building Cotta County Administrator dmin t ator 371 Ma i ne ez51.,Room 106 County Martinez,California 94553 Tom Powers.list District Nancy C.Pandarr.2nd District - •�+—" .P Nooart I.Schroder.3rd District .,.4 �j Sunny Wright NcPaak dm District Tom Torlakwn.Sth District August 6, 1990 Freedom Irrevocable Trust c/o Darryl Hallmark 56 Alves Lane West Pittsburg, CA 94565 Dear Mr. Hallmark: NOTICE TO CLAIMANT (Of Late-Filed Claim) The claim you presented to the Board of Supervisors of Contra Costa County, California as governing board of the x . County of Contra Costa and/or District, on August 1, 1990 has been reviewed by County Counsel and is being returned to you herewith because: Your claim for an injury to person or personal property which arose on or before December 31, 1987 was not presented within 100 days after the event or occurrence as required by law. (See Government Code Sections 901 and 911.3.) - xx Your claim for an injury to person or personal property which arose on or after January 1, 1988 was not presented within six months of the event or occurrence as required by law. (See Government code Sections 901 and 911.2.) Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event oz occurrences as required by law. (See Government Code Sections 901 and 911.2.) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code Sections 911.4 to 912.2 and 946.6.) Under c,;me circumstances leave to present a late claim will be granted. (See Government Code Section 911.6.) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. PHIL BATCHELOR, Clerk of the Board of Supervisors and Count Administrator By• Bosarge Deputy Clerk Enclosure E80A1 VED CLAIM TO THE BOARD OF SUPERVISORS COUNTY OF CON'T'RA COSTA: SUPERVISORS� STA CO. FREEDOM IRREVOCABLE TRUST has a claim against the County of Contra Costa based upon the following: (a) The name and address of the claimant is FREEDOM IRREVOCABLE TRUST, c/o Darryl Hallmark, 56 Alves Lane, West Pittsburg, California 94665. (b) The name and address for the purposes of communication relative to the claim is as set forth in paragraph (a), above. (c) The date, place and other circumstances of the occurrence or transaction on which the claim is asserted are: on June 5, 1989, a notice of intent to abate abandoned vehicle form was prepared and submitted by the Community'Development Department of the County of Contra Costa, resulting to certain vehicles located at 56 Alves Lane, West Pittsburg, Caltfarnia; that on June 15, 1989, Craig StroCk, the trustee for claimant, requested a hearing and appeal pursuant to the instructions contained therein to the said Community Development Department; that thereafter on or about August 3, 1989, he discovered that five of the automobiles and a pick up truck, all of which were collectible vehicles had been removed, the lock to the gate of the property destroyed, and the gate to the property left open; the vehicles removed were: a 1969 Cheyenne, a 1968 Pontiac GTO, a 1957 Jaguar, a 1977 Corvette, a 1979 Corvette, and a 1946 Citroen. (d) The damages which claimant claims are the value of the vehicles taken,the damage to the gate and other real property damage. . (e) Claimant is informed and believes that Ken Shunk and employees acting under his control are the public employees involved. (f) The amount of Claimant's claim will be within the jurisdiction of the Superior Court. Dated August 1990. Freedom Irrevoc Trust By: Cra A. Stro Trustee I. Craig A. Strock, the Trustee for Freedom Irrevocable Trust, declare: that I have read the foregoing claim,and know the contents thereof, that the same is true and correct of my own knowledge, except for those matters set forth upon my information or belief, and as to such matters that I believe it to be true. Executed August , 1990, at Walnut Creek, alifornia. CRAIG A. STR „ t \ . \ 4 ) \% 0 . } � \ � � ± � . k \/ \ \\ + ®\ �� 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 I AUGUST' 18, (9 90 and Board Action. All Section references are to ) The copy of this document mailed to you is your not, ,f, California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph q"10given pursuant to Government Code Amount: $73 . 50 Section 913 and 91 Please note all "Warnings". CLAIMANT: ALLRED, Barry AUG 1 3 199n 1800 Emeric Street COUNtiuRTINe'OuNse1 ATTORNEY: San Pablo , CA 94806 CALIF. Date received ADDRESS: BY DELIVERY TO CLERK ON August 6 , 1999 (P .O. Box) BY MAIL POSTMARKED: July 30 , 1990 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. g BY: D August 8 1990 PFHHIL BATCHELOR, Clerk DATED: 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: 0 ( 13 `1() BY: S Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. 0 1 c Dated: AUG 2 8 199 O PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: AUG 2 b 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator LOST PROPERTY CLAIM Return original application to: Clerk of the Board _ .PO Box 911 Martinez, CA 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at it's office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claito 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 - Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward, or village board of officer, authorized to allow or pay the same if genuine, any false of fradulent claim, bill, account, voucher, or writing, is gdiity of a felony. " J.J._I._4J J. J_J J•J J_J••4J J.J J. J J.J.J. J J.J. •4•l ,•�� J• J. 4J. J• ..,......c&,.J.r...c...<,......c...c..Jc.c..,...Jc:c Jc sY Jc 4c;<s'c:c'; J,c'.ckJc k,c 4c,...s:4<sk..,.*s:is ksY:cs sY sF�c..Jk..sF�&s...**sY kic sY s4>'•k ts:k..* RE: Claim By Reserved for Clerk's-..filing stamps JAN VO RECEIVED ibb f qac St. S •. vi �o PJox "-.►IAUG9] Against the COUNTY OF CONTRA COSTA AUl7 or �� .b;:�R��; DISTRICT- CLERK BOARD OF SUPEFMS (Fill in name) I CONTRA COSTA CO. The undersigned claimant hereby makes claim agai st the County of Con ra. Costa or the above-named District in the sum of $ � and in support of this claim re presents as follows: _ 1. When di.0 the d aage or injury OCCUr? L•C 'd^ exact. date and hour) 2. Where did the damage or ir44ury occur: y(Include c y and county!)t� �� CC I a V. lit `� Q LZ ` 'l LS,.l 3. How did the dama;e or inju " occur? (Give full details : use extra sheets if required.) (��(K�Itl IU�S W.�,• 4. What particular act or om•ss on on the p� o county or dist�t gffi ers, servants, or employees caused the injury or damage? - over - i 5. What are the names or county or district':officers, servants, or employees causing the damage or injury?. C_6�xkg 065(-h- (_�IIAII FX1k)Q062 &CtLI(W 61�1111&a cfoU6�q 6. What damage or injuriesJdo you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) f�.� Lock-- yi,,,� ��R-Se►yF l_. .- � � . 7. How s the amount aimed above comp ted. (Dude the estimated amount of any prospective injury or damage. ) - 8. Names and addresses of witnesses, doctor and hospitals: 9. List the expenditures you made on account of this accident or injury: " DATE ITal Ai�10UNT - �� Q0 . (J 61$v 96 / t � � �� rQ�� a�2� tg.vo Govt. Code Sec. rovides: "The claim signed by the claimant or by some person on s behalf." SEND NOTICES'TO (Attorney) Name and Address of Attorney a .m nts Si nat ea rr QM ^1 qq ' Address " p <7elephone Number: (� 1� J a-�, 9 lJl4 Telephone Numr1:_ _ v_ _• K rc .a h 4 3- n S�'477\ VIA CLAIM i BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT AUGUST 28, 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: $205.52 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: BARNES, Beverly ATTORNEY: Date received ADDRESS: P.O. Box 825 BY DELIVERY TO CLERK ON July 30, 1990 (hand delivered) Bethel Island, CA 94511 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. August 1 1990 ppHIL BATCHELOR, Clerk DATED: 9 BY: 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: (� ' 3 190 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 of the Board's Order entered in its minutes for this date. Dated: A U G 2 8 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se 913) Subject to certain exceptions, you have only six (6) monthsfrom 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: A U G 2 9 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO ,CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th"day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not -- --- later than one year after the accrual of the cause of action. , ,(Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled In. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By j Resew d fierk's f,*ling stamp RECEIVE6 Against the County of Contra Costa, - , , A 3 01M or District) CLE rl ORS COMM COSTA_C 01 cc, Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of X205-. and in support of this claim represents as follows-- ------ e 2niC DSPC ----------------------------- 1 -_1=-_Ae_ -1---� -------------------- 1. When did the damage or injury occur? (Give exact date and hour) --------- -t-damage 7,1Z°1-�Q- -7_2J,e�=------------------------------------- 2. Where did or injury occur? (Include city and county) C�)". S� /Ica-af. &W ZC/w4 / 5-rL ✓ &. (2sa4 ------------------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details; use extra per if required) Z( �oww e� . e � jZ cz ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? as (over) 5. What are the names of county. or, district officers, servants or employees causing` the .damage or injury? 5. What damage or injuries do�you claim resulted? (Give full extent-of injuries or damages claimed. Attach two estimates for auto damage. _ _. ------------------------------;-------------------------=---------------------------- 7. How was the`amount clId4 ma" bove, computed? (Include the estimated amount of any prospective injury.or damage.) -, 8. Names and addresses ofwitnesses,' doctors and hospitals. " _ //�� _ -�/'�K U✓a`� .�v�•..1� Com,,,G.rt� _ _ .. ------------------------------------------- -- --- --- 9• List the expenditures you made on account of this accident or injury:. DATE ITEM AMOUNT a✓�'J'l�'' _., :7�e=0..�� Gam'' �=' _. . _.: . 7y IG Gov: Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES,T@b4ii w-x orb _someperson on his behalf." Name and Address..of�At-torrn-Ei=, --J ClairA s'Signature`) o 0 Telephone No. Telephone No. y/�-`6� - 7 e v NOTICE Section 72 of-the Penal Code provides: _ "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not- more ,thar .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. INVOICE NO. 1 1` 4 4 115 Second Street DATE: Oakley. CA 94561 (415) 625=1800 License #581726 SOLD TO: WORK PHONE #: ' COMPLETE ADDRESS: CITY/STATE/ZIP: MATERIALS -cam s CUSTOMS:NO. TERMS DELIVERY CUSTOMER P.O. CUSTOMER AUTHORIZATION TO BEGIN WORK RiATERIALS �3 SIGNATURE: LABOR -5`2 5r-) DATE: wsrmaL -Z Y. 7 AMT. OF DEPOSIT: TOTAL DUE: SALES TAX REMAINING BALANCE: MAL 7 CLAIM /. 116 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT AUGUST 28, 1990 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. )REktt. ion taken on your claim by the Board of Supervisors 'Paragraph IV below), given pursuant to Government Code Amount: 200 . 00 A(JG 3eq ipn9943 and 915.4. Please note all "Warnings". CLAIMANT: BERTERA Samuel Al COUNTY COUNSEL MART1N1gE4 CALIF. 341 Parker Avenue ATTORNEY: Rodeo , CA 94572 Date received ADDRESS: BY DELIVERY TO CLERK ON 8/2/90 (via P .O . Box) BY MAIL POSTMARKED: July 24 , 1990 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: August 8 , 1990 Oil BePUtyLOR, Clerk 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors � ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 13 Igo BY: � J • JJ 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.. Q Dated: AUG 28 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sects 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 �+asshown above. Dated: AUG 2 9 199n0' BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator LOST PROPERTY CLAIM r Return original application to: Clerk of the Board PO Box 911 Martinez, CA 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims .must. be filed with the Clerk of the Board of Supervisors at it's 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 cf the district should be filled in. D. If the claim is against more than one public entity, separate claims must b e:=filed against each public entity. E. Fraud - Section 72 of the Penal Code provides: "Every person who; with intent to defraud, presents for allowance or for payment 'to any state board or officer, or to any county, town, city district, ward, or village board of officer, authorized to allow- or pay the same if genuine, any false of fradulent. claim, bill, account, voucher, or writing, is gCiilty of a felony." J.J J..4 J J.1 J J 4.4 J.1.J J J. J J.J.J.J. J J. J.J J. J..4!.J !. J.•4 J.J..L. •4.4• 1 J.1 J J. J J.J. 1 .L J. ...c.....cJ.c..x.c.c:.....�..c.c..t,c sc..,....,k.c„k,..c4c,.�'c.,.....ck,.kk,.........k....k*......it.ct.'.c.. RE: Claim By Reserved for Clerk's-filing stamps m U r RECEIVED Against the COUNTY OF CONTRA COSTA or DISTRICT- CLERK BOA RD SUPERVISORS CONTRA COSTA CO (Fill in name) The undersigned claimant hereby makes claim against the County of Contra. Costa or the above-named District in the sum of $ ,00 and in support of this claim re— . presents e. presents as follows: _Tj )U lggp 5!Qn g. 1. When did the damage or knjury occur?� (Give ex1aclt. date and hour) -=l OYl T1 G �bStcl' Co o*ID� r - M0. / J41�i"I 1 Vl Q _- tom._----.. .. 2. Where did the damage or njury occur: (Include city and county.) �f Q -ect 5 e 0%,cf-f c(:J A VlUi t)l M4 dofo e S , S? 3. How did t ma;e or injury occur? (Give full details : use laxtra sheets if required.) J QnW 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? over .- ' S. [,That are the names or county or district'-officers, servants, or' employees \� causing the damage or injury?, Da (l V 6. What damage or. injuries do tou claim resulted? (Give full extent of injuries._ or damages claimed. Attach two estimates for auto damage.) n a(a) CIO �S 1 n � c nmol C�-t' 7. How was the amounk claimed above computed? (Include the estimated amount of any prospective injury or damage.) S. Names and addresses of witnesses, doctors, and hospitals: 9. List the expenditures you made on account of this accident or injury: DATE IMI AMOUNT Govt. Code Sec. 910. 2 provides: "The claim signed by the claimant. or by some person on his behalf."' SEND NOTICES TO (Attorney) . Name and Address of Attorney � (1�Q Cl imants Sign ur � lU Address Telephone Number: Igj Telephone Numbert( /s) oc C 413 9 S. U p 4f"1 q .yl-�lo� lv��Yl i CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA �'"z e Claim Against the County, or District governed by) BOARD ACTION the-Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT AUGUST 28, 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: $200.00 Section 913 and 915.4. Please note all "Warnings". RKE1VED CLAIMANT: BYRNE, Mark D. 13880 San Pablo Ave. , Suite A J U L 2 7 1990 ATTORNEY: San Pablo, CA 94806 COUNTY COUNSEL Date received MARTINEZ, CALIF ADDRESS: BY DELIVERY TO CLERK ON July 25, 1990 (hand delivered) BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. July 27, 1990 pp IL BATCHELOR, Clerk DATED: e�: Deputy II. FROM: County Counsel TO: Clerk of the Board of Su 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: �3B�rip 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. n Dated: AUG 2-8- 1991. PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se 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 1B; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: AUG 2 9 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator RECEIVED 2 519A0 I:a s' Pi+c CLERK __ OF SUPERVISORS; CLAIM AGAINST THE COUNTY OF CONTRA COSTA COf MA COSTA CO. _-r' COMES NOW, Mark D. Byrne, and makes a claim against the County of Contra Costa as follows: 1 . My name is Mark D. Byrne, my office is located at 13880 San Pablo Avenue Suite A, San Pablo, California 94806. All notices concerning this claim shall be made to such office. 2. On January 25, 1990, at or around 11 : 45 a.m. , claimant fell due to a defective condition which existed on the sidewalk behind the County Jail Facility. Such defect consisted of a vertical displacement of the slab of concrete composing the sidewalk of approximately one inch. See photographs attached hereto. 3 . As a direct result of such defective condition, claim- ant fell, resulting in bodily injury to his left knee and totally destroying a gray pinstripe suit pants. See photographs attached hereto. 4. The total loss sustained by claimant is $200 . 00, which represents the value of the suit, less some amount for deprecia- tion, since its purchase in late 1989 . Dated: 2 Z11 MARK D. BYRNE 13880 San Pablo Avenue, Suite A San Pablo, CA 94806 (415) 237-3224 ;r CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT AUGUST 28, 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: Undetermined Section 913 and 915.4. Please note all "Warnings". CLAIMANT: FREITAS, William and Jane ATTORNEY: Maureen B. Duncan Ginder, Belkin, Foster Date received ADDRESS: & Ducey BY DELIVERY TO CLERK ON July 27, 1990 1995 University Ave. , Suite 300 Berkeley, CA 94704 BY MAIL POSTMARKED: July 26. 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, DATED: August 1, 1990 V!, Bep�tyLOR, Cler II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 3 19G 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 By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 8 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec""1)13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. ,You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: AUG 29i9go BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator I MAUREEN B. DUNCAN GINDER, BELKIN, FOSTER & DUCEY 2 1995 University Avenue, Suite 300 Berkeley, California 94704 3 (415) 548-5200 RECEIVED 4 Attorneys for Claimants WILLIAM FREITAS & JANE FREITAS 5 JUL z7UIi 6 CLERK BOARD QV S PERVISORS CONTRA COSTA CO. 7 8 CONTRA COSTA COUNTY BOARD OF SUPERVISORS 9 WILLIAM FREITAS & ) 10 JANE FREITAS, ) 11 Claimants, ) CLAIM FOR INDEMNIFICATION 12 V. ) CONTRA COSTA COUNTY, ) 13 a public entity. ) 14 ) 15 TO THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS: 16 YOU ARE HEREBY NOTIFIED THAT WILLIAM FREITAS and JANE 17 FREITAS, whose address is c/o GINDER, BELKIN, FOSTER & DUCEY, 18 1995 University Avenue, Berkeley, California, claim damages from 19 the COUNTY OF CONTRA COSTA in an amount yet to be ascertained. 20 This claim arises out of the following circumstances: 21 On or about May 10, 1988, MARK HANKINS and JOHN PAUL MIGUEL and 22 Doe 1 were involved in a vehicular accident at or near MARSH 23 CREEK ROAD, 1.4 MILES EAST OF GILL DRIVE, CLAYTON, CALIFORNIA. 24 As a result of the collision, MARK HANKINS was injured. 25 Claimants WILLIAM FREITAS and JANE FREITAS FREITAS have been 26 named as defendants in a lawsuit seeking damages as a result of 27 the injuries received in the collision. This is CONTRA COSTA 28 \ I COUNTY SUPERIOR Court Action Number C89-1770 entitled MARK 2 HANKINS, LINDA DECKER vs. JOHN PAUL MIGUEL, et al. 3 On May 9, 1990, WILLIAM FREITAS and JANE FREITAS were 4 served with the complaint in this action. 5 It is the contention of the claimants, WILLIAM FREITAS 6 and JANE FREITAS, that the motor vehicle accident was caused or 7 contributed to by virtue of a dangerous condition on public 8 property existing at or near MARSH CREEK ROAD, 1. 4 MILES EAST OF 9 GILL ROAD, in CONTRA COSTA COUNTY. The location of the accident 10 was negligently and improperly designed, constructed, maintained 11 and operated by the COUNTY OF CONTRA COSTA thereby creating a 12 dangerous and defective condition of public property which 13 condition proximately caused or contributed to causing the motor vehicle accident in which MARK HANKINS was injured. It is the 14 further contention of claimants WILLIAM FREITAS and JANE FREITAS 15 16 that plaintiff's injury was aggravated by the failure on the part 17 of the COUNTY OF CONTRA COSTA to properly warn of a dangerous 18 condition of public property. . 19 The name or names of the public employees responsible for this dangerous condition are not known to the claimant but 20 are believed to be operating within the Department of Public 21 Works and/or any other County Department which may bear 22 responsibility for designing and maintaining county roads. 23 The nature and extent of the damages of the claimants 24 are not known at this time. However, the claimants allege that 25 any damages that they may be held responsible for in the SUPERIOR 26 Court Action are a direct result of the dangerous condition of 27 the public property and the failure of the COUNTY to properly 28 2 - 1 2 warn of a dangerous condition of public property and claimants 3 further believe that the COUNTY OF CONTRA COSTA should indemnify 4 and hold claimants harmless for all such damages. 5 All notices or other communications with regard to this 6 claim should be sent to the claimants in care of GINDER, BELKIN, 7 FOSTER & DUCE,Y, 1995 University Avenue, Berkeley, CA 94704 . 8 DATED: July eS , 1990 9 GINDER, BELKIN, FOSTER �bUCEY 10 11 By MA. EN B. DUNCAN 12 A orneys for Claimants WILLIAM FREITAS and JANE FREITAS 13 14 15 clm-ind. 706 16 17 18 19 20 21 22 23 24 25 26 27 28 3 - 1 PROOF OF SERVICE BY MAIL -- 1013a, 2015.5 C.C.P. 2 I declare that I am employed in the County of Alameda, State 3 of California; I am over the age of eighteen years and not a party Q to the within above entitled action; my business address is 1995 5 University Avenue, Suite 300, Berkeley, California 94704 . 6 1N�/ On July 4, 1990, I served the within: 8 9 CLAIM FOR INDEMNIFICATION 10 11 on the parties in said action, by placing a true copy thereof 12 enclosed in a sealed envelope with postage thereon fully prepaid, 13 in the United States post office mail box at Berkeley, California j4 94794, addressed as follows: 15 16 Clerk of the Board of Supervisors 17 COUNTY OF CONTRA COSTA 651 Pine Street, Rm. 106 18 Martinez, CA 94553 19 20 Dated at Berkeley, California, thiq,& day of July, 1990. 21 I declare under penalty of perjury, that the foregoing 22 is true and correct. 23 2Q raz ' na inkevi 25 26 27 28 LAW OFFICES GINDER, BELKIN,FOSTER & DUCEY A PROFESSIONAL ASSOCIATION GOLDEN BEAR CENTER CHARLES L.BELKIN 1995 UNIVERSITY AVENUE,SUITE 300 TELEPHONE HARRY L.DUCEY BERKELEY,CALIFORNIA 94704 (415)548-5200 MAUREEN 13.DUNCAN PAUL FOSTER GARY L.GINDER W=AM S.LOUGHMAN July 26, 1990 SANDRA MILLER 1p, RECEIVED RANDALL A.PADGETT +`• y G JL 2 7 I Clerk of the Board of Supervisors KSOARDOF UP RVISORS COUNTY OF CONTRA COSTA CONTRA C S CO. 651 Pine Street, Rm. 106 Martinez, CA 94553 Re: Freitas et al v. Contra Costa County Dear Sir: Enclosed please find one original and two copies of the Claim for Indemnification in the above-entitled matter. Would you please endorse the two copies and return to me in the prepaid self-addressed envelope enclosed for your convenience. Thank you for your attention to this matter. Sincerely, Gr zi Sink' crus ' Secr ary MAUREEN B. UNCAN MBD:gs Enclosures (4) tv 0 z m N A� S 03 toZ D Z� L -� o r" �D C m m m DO m x s� r < yZ 22 5 Do ,�, � o �m = z o D p r mM > 0 n N I m a cm p VI y A z , � ,� Q v A° caa oCsJ Oy Y m = o W C" n til rC (9 p O O N fD .OhhM fOD N _ In fA M O �j� N •r.t CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Glaim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT AUGUST 28, 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: Undetermined Section 913 and 915.4. Please note all "Warnings". CLAIMANT: GUSTAFSON, Carl R. ATTORNEY: Stanley J. Bell, Esq. Law offices of Stanley Bell Date received ADDRESS: Two Transamerica Center BY DELIVERY TO CLERK ON July 30, 1990 505 Sansome Street, 18th Floor Cert. P 044 780 420 San Francisco, CA 94111 BY MAIL POSTMARKED: July 27, 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, JV IL August 1, 1990 BY�L �eputyLOR, Clerk I1. 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: �Jgu 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 ( ITThhis 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: A U G 2 8 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code s 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: AUG 29 iggn BY: PHIL BATCHELOR b -14"- - Deputy Clerk CC: County Counsel County Administrator 1 CLAIM FOR DAMAGES FOR PERSONAL INJURIES 2 TO: BOARD OF SUPERVISORS RECEIVED 3 COUNTY OF CONTRA COSTA 651 Pine 4 Martinez, California 94553 A 30 COUNTY OF CONTRA COSTA L X 5 DEPARTMENT ;OF PUBLIC WORKS CLERKCOT OF STA CO . ORS 6 255 Glacier Drive Martinez, California 94553 7 PLEASE TAKE NOTICE that the undersigned hereby serves 8 and makes demand uponyou for the cause and amounts set forth 9 in the following claim: 10 Claimant ' s name and address : a a � a ° o0oa 11 CARL R. GUSTAFSON W 9W 0 Z` 1239 Marina Circle 4 ° 12 �� ' Byron, California 94514 � oa � N W W K o,� z< �U� 13 Claimant ' s mailing address to which notices are to be WozW°z sent : «lova 14 W Wy d °oZ Stanley J. Bell, Esquire F< Nz~ 15 LAW OFFICES OF STANLEY J. BELL A Professional Corporation 16 Two Transamerica Center 505 Sansome Street, 18th Floor 17 San Francisco, California 94111 18 Amount of Claim: 19 Special damages and expenses proximately caused by the 20 occurrence described below and general damages are in excess of 21 the jurisdictional minimum of the Superior Court . 22 Date and Place of Occurrence giving rise to the Claim asserted: 23 On or about the 27th day of March, 1990 on Marsh Creek 24 Road, west of Deer Valley Road, County of Contra Costa, State 25 of California. 26 1 Description of Occurrence: 2 That at said time and place, as aforesaid, said public 3 entities, and each of them, negligently and carelessly 4 controlled, supervised, designed, constructed, altered, 5 repaired, owned, maintained, operated and entrusted the 6 aforementioned roadway so as to proximately cause and permit 7 said roadway, shoulders and turn-out of said roadway to be in a 8 dangerous, defective and unsafe condition in that there were 9 sharp and dangerous curves in said roadway and that said public 10 entities, and each of them, failed to post warning signs or ,a4zW.o2 11 other proper control devices to warn oncoming motorists of said OW o P WP < o wpgom- = 12 sharp and dangerous curves; and further in that a shoulder � _ and/or turn-out of said roadway was allowed to exist in the oz< -o 13 <►W-1 <Iwo 14 area of said sharp and dangerous curves; and further in that F ` " W 15 said public entities, and each of them, allowed obstacles, 16 including but not limited to telephone and/or power poles to 17 exist in close proximity to the roadway, shoulder and/or 18 turn-out, thereby creating a foreseeable risk that motorists 19 may strike said telephone and/or power poles while taking 20 evasive action to avoid collisions; that in all respects the 21 unsafe conditions as stated above constituted a trap for 22 vehicular traffic using said roadway; that said public 23 entities, and each of them, were further negligent and careless 24 in that they knew, or in the exercise of ordinary care should 25 have known, of the dangerous condition of said roadway and the 26 risk of injury created by same, and failed to remedy said -2- 1 conditions, having a reasonable opportunity to do so; that as a 2 direct and proximate result of the negligence and carelessness 3 of said public entities, and as a further direct and proximate 4 result of the dangerous and defective condition of public 5 property, as aforesaid, while claimant was traveling westbound 6 on said roadway, a semi-truck operated by Jamie A. Weatherby 7 was caused to travel into the lane in which claimant was 8 driving, thereby causing claimant to take evasive action to 9 avoid striking the semi-truck, causing claimant to strike a 10 telephone and/or power pole, and further causing him to sustain � zaoe 11 severe personal injuries . oWoa WF` 6zW `- " DATED: Jul , 1990 � y W-2 12 y O O V m a O �. O V F+:i U . uagF -t : 13 LAW OFF OF STANLEY J. BELL o z <Noy 3W. �c a w 1 0 0 a 14 Zw �� W NaNz~ 15 By: ELL 16 t ey or Claimant 17 18 19 20 21 22 23 24 25 26 -3- RE: Claim of CARL R. GUSTAFSON ACTION-NO. PROOF OF SERVICE BY MAIL - C.C.P. Sections 1013a, 2015 . 5 I, the undersigned, hereby declare that I am a citizen of the United States, over the age of eighteen years, and not a party to the within action. I am employed by the LAW OFFICES OF STANLEY J. BELL. My business address is 505 Sansome Street, 18th Floor, San Francisco, California, 94111 . I served a true copy of CLAIM FOR DAMAGES FOR PERSONAL INJURIES by mail, by placing the same in an envelope, sealing, fully prepaying po-stage thereon and depositing said envelope in the U.S. Mail at. San Francisco; California on July 27, 1990. BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 651 Pine Martinez, California 94553 COUNTY OF CONTRA COSTA DEPARTMENT OF PUBLIC WORKS 255 Glacier Drive Martinez, California 94553 I declare under penalty of perjury that the foregoing is true and correct. Executed in San Francisco, California, on July 27, 1990. Donna L. Kotake aN ✓' JJ` r r; a, r p r � O H � t � a N os cU r- r oma- °' d %, 0 a ° N CLAIM FOR DAMAGES FOR PERSONAL INJURIES�r�` \C 2 TO: BOARD OF SUPERVISORS RECEIVED COUNTY OF CONTRA COSTA 3 651 Pine 4 Martinez, California 94553 a low COUNTY OF CONTRA COSTA 5 DEPARTMENT OF PUBLIC_ WORKS TAERVISOR 6 255 Glacier Drive Martinez, C61ifornia 94553 7 PLEASE TAKE NOTICE that the Undersigned hereby serves 8 and makes demand upon you for the cause and amounts set forth 9 in the following claim: 10 Claimant ' s name and address : a oWoa 11 CARL R. GUSTAFSON W F `` -- 1239 Marina Circle LL�O� m� " 12 o � < _or Byron, California 94514 M"'D 0 lt>4<20 .W 13 Claimant ' s mailing address to which notices are to be oWOZW . O sent : <a , 000 14 dgo� � Stanley J. Bell, Esquire �< Z � 15 LAW OFFICES OF STANLEY J. BELL A Professional Corporation 16 Two Transamerica Center 505 Sansome Street, 18th Floor 17 San Francisco, California 94111 18 Amount of Claim: 19 Special damages and expenses proximately caused by the 20 occurrence described below and general damages are in excess of 21 the jurisdictional minimum of the Superior Court. 22 Date and Place of Occurrence giving rise to the Claim asserted: 23 On or about the 27th day of March, 1990 on Marsh Creek 24 Road, west of Deer Valley Road, County of Contra Costa, State 25 of California . 26 Description of Occurrence: 2 That at said time and place, as aforesaid, said public 3 entities, and each of them, nggligently and carelessly 4 controlled, supervised, designed, _ constructed, altered, 5 repaired, owned, maintained, operated and - entrusted the 6 aforementioned roadway so as to proximately cause and permit 7 said roadway, shoulders and turn-out of said roadway to be in a 8 dangerous, defective and unsafe condition in that there .were 9 sharp and dangerous curves in said roadway and that said public 10 entities, and each of them, failed -to post warning signs or azoo : other proper control devices to warn oncoming motorists of said z 0z o�m�a = 12 sharp and dangerous curves; and further in that a shoulder < - "Z02�< ^ 13 and/or turn-out of said roadway was allowed to exist in the W W °WpZW°z <a �< X.O 14 area of said sharp and dangerous curves; and further in that °oiCUW�i W, t. 15 said public entities, and each of them, allowed obstacles, 16 including but not limited to telephone and/or power poles to 17 exist in close proximity to the roadway, shoulder and/or 18 turn-out, thereby creating a foreseeable risk that motorists 19 may strike said 'telephone and/or power poles while taking 20 evasive action to avoid collisions; that in all respects the 21 unsafe conditions as stated above constituted a trap for 22 vehicular traffic using said roadway; that said public 23 entities, and each of them, were further negligent and careless 24 in that they knew, or in the exercise of ordinary care should 25 have known, of the dangerous condition of said roadway and the 26 risk of injury created by same, and failed to remedy said -2- I conditions, having a reasonable opportunity to do so; that as a 2 direct and proximate result of the negligence and carelessness 3 of said public entities, and as a fVrther direct and proximate 4 result of the dangerous and defective condition of public 5 property, as aforesaid, while claimant was traveling westbound 6 on said roadway, a semi-truck operated by Jamie A. Weatherby 7 was caused to travel into the lane in which claimant was 8 driving, thereby causing claimant to take evasive action to 9 avoid striking the semi-truck, causing claimant to strike a 10 telephone and/or power pole, and further causing him to sustain ►� � = severe personal injuries . ►�Ow li o�o�moa 12 DATED: July , 1990 . LL n " .U,aW W Y 'W`u13 OLAW OFF OF STANLEY J. BELL po N W Z y O m O Z 4 .0 14 ,Z �Z< Cd- < NW~ 15 By. � N ELL 16 t ey or Claimant 17 18 19 20 21 22 23 24 25 26 -3- RE: Claim of CARL R. GUSTAFSON ACTION NO. PROOF OF SERVICE BY MAIL - C.C.P. Sections 1013a. 2015 . 5 I, the undersigned, hereby declare that I am a citizen of the United States, over the age of eighteen years, and not a party to the within action. I am employed by the LAW OFFICES OF STANLEY J. BELL. My business address is 505 Sansome Street, 18th Floor, San Francisco, California, 94111. I served a true copy of CLAIM FOR DAMAGES FOR PERSONAL INJURIES by mail, by placing the same in an envelope, sealing, fully prepaying postage thereon and depositing said envelope in the U.S. Mail at San Francisco, California on July 27, 1990 . BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 651 Pine Martinez, California 94553 COUNTY OF CONTRA COSTA DEPARTMENT OF PUBLIC WORKS 255 Glacier Drive Martinez, California 94553 I declare under penalty of perjury that the foregoing is true and correct . Executed in San Francisco, California, on July 27, 1990 . V'd' Donna L. Kotake 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 AUGUST 28, 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: $ 252 . 00 SW¢M and 915.4. Please note all "Warnings". CLAIMANT: PENA, Marilyn Ruth AUG 13 l99� 901 Court Street COUNTY ATTORNEY: Martinez , CA 94553 MART;NE sft Date received ADDRESS: BY DELIVERY TO CLERK ON August 3 , 1990 (transmittal BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL BATCHELOR, Clerk DATED: August 8 , 1990 : Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors N ) 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: nn Dated: /)3 Igo BY: VV Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) 0 ) 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: A U G 28 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec 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: A U G 2 9 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator LOST PROPERTY CLAIM Return original application to: Clerk of the Board ..PO Box 911 Martinez, CA 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must. be filed with the Clerk of the Board of Supervisors at it's 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 -. Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward, or village board of officer, authorized to allow or pay the same if genuine, any false of fradulent claim, bill, account, voucher, or writing, is guilty of a felony. " �°•'c:c'.c:c x'x�'.c:ck�:'c�'c�:c�:c�'c'c>c',c:c9ck�:'c 9c t>l•�'c:c>c:4'c�:c:c:c•O.•:*�:c�Y:°k*=c'c�k'c'c�:'.c 4c is is x:c'c:c'ric:c'c�*'.c�c'.c�:�'c�n`�tt�:c�c>F RE: Claim By e Reserved for Clerk's.-.filing stamps ��0+0 �- ' .a RECEIVED Al �innN, Tn a ffYn (� , a_1a . , ' Against the COUNTY OF CONTRA COSTA AUG - 3 1990 or DISTRICTCLERK BOARD OF SUPERVISORS (Fill in name) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra. Costa or the above-named District in the sum of $ and in support of this claim re presents 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. )1 ®r, 3. How didjthe dama;e or injury occur. (Give' full details Buse extra slieets C if required.) II ai 't n (214 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or d/^ya/n'Ym/age? / 1 I W 1 "4, aLr�J6J� �-�(� `^` C/� ✓ !Y7 - over - 5. [,That are the names or county or district.officers , servants, or employees,.. causing the damage or injury?. it"0 JYAO� ci I�It'A 6. What damage or injuries do you' claim resulted? (Clive full extent of injuries or damages�cllaimed. Attach two estimateY for autodamage.) 74 e l O 0 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors, and hospitals: 2�a� 9. List the exbenditures you made on account of this accident or injury: DATE ITEM AMOUNT Govt. Code Sec. 910. 2 provides: "The claim signed by the claimant or by some person on his behalf." SEND NOTICES TO (Attorney) . D /�� Name and Address of Attorney x l?Zo//�1 ✓�i,�t� � f O/1) /Claimants Signature ,A7U �� e et7 �I! / �"Q� X Address �Tele�pho�ne Numb ,tijs „ Telephone Number: \vei r ��r1 - � •-iI. ver rl i If RECEIVED AUG - s CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. I . . 17 �V T� I 1 P roA�� 9d 7 rc� -��a- am� 03 a� aA` iC"; - our (910 �to cpm P� Ole 0 �' o-V- Q l 1 �%V\p . Cs� • 94ss3 � 90-78a5T 94ss3 . gw� otV�b 78a5T 2 Vi� I.So paz�l� d�k&,a Auk -J67) 0 �a��, X9 _ t 7 co pyuj _ w cc ,t 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 AUGUST 28, 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: Undetermined Section 913 and 915.4. Please note all "Warnings" 1MV60 CLAIMANT: SAFEWAY STORES INC. (D. Johnson, K. Allah—Weaters) J U L N 7 1990 ATTORNEY: COUNTY COUNSEL Jolie Krakauer, Esq. Date received MARTINEZ, CALIF. ADDRESS: Martin, Ryan & Andrada BY DELIVERY TO CLERK ON July 25, 1990 (Federal Express) Ordway Building, Suite 2275 One Kaiser Plaza BY MAIL POSTMARKED: Oakland, CA 94612 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH BATCHELOR, DATED: July 27, 1990 BY�L DeputjL Clerk Y I1. 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 910.6). ( ) 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: '( ��ri �9f BY: Deputy County Counsel IQ 1I1. 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: AUG 2 8 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code ct' 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 16; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: AUG 2 9 1990 BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator LAW OFFICES OF- MARTIN, RYAN & ANDRADA GERALD P. MARTIN,JR. A PROFESSIONAL CORPORATION JOSEPH D. RYAN ORDWAY BUILDING,SUITE 2275 J.RANDALL ANDRADA JOLIE KRAKAUER ONE KAISER PLAZA JILL J. LIFTER OAKLAND,CALIFORNIA 94612 KEITH I. CHRE5TIONSON TELEPHONE:(416)763-6510 STEPHEN F. RILEY GLENN GOULD FAX:(415)763-3921 , ALISON ILEEN SCOTT Cf;35 JULIE ANN CANDOLI RECEIVED VLH' T-cot. JUL 2 5191 July 24, 1990 CLERK BOARD OF SUP VI RS CONTRA COSTA FEDERAL EXPRESS MAIL TRANSMITTAL MEMO TO: Clerk of the Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 SUBJECT: SAFEWAY FIRE Dorothy Johnson,et al. v. Safeway Stores, Inc. Kateri Allah-Weaters, et al. v. Safeway Stores, Inc. Our File No: S 831 ENCLOSURES: Original and a copy of a claim against Contra Costa County Health Department and a return envelope. REQUESTED ACTION: Please stamp the copy received and return the copy to this office in the envelope provided. YOUR COURTESY IS APPRECIATED Yours very truly MARTIN, RYAN & ANDRADA B a)�,nW4"auo/— Nancy Fa anesh, Secretary to JOLIE K UER MARTIN, RYAN & ANDRADA A Professional Corporation Ordway Building, Suite 2275 One Kaiser Plaza Oakland, CA 94612 E-r . (415) 763-6510 RECEIVED C1' 3 Attorneys for Claimant SAFEWAY STORES, INC. JUL 2 51990 CLERK BOARD OF SUPERV CONTRA COSTA CO. CLAIM AGAINST CONTRA COSTA COUNTY HELATH DEPARTMENT TO: CLERK OF THE BOARD OF SUPERVISORS, 651 Pine Street, Room 106, Martinez, CA 94553 : SAFEWAY STORES , INC. hereby makes a claim against the CONTRA COSTA COUNTY HEALTH DEPARTMENT and makes the following statement in support thereof: 1. Claimant' s post office address is: SAFEWAY STORES , INC. , 201 - 4th Street, Oakland, California 94607 . 2. Notices concerning the claim should be sent to Gerald P. Martin, Jr . , Martin, Ryan & Andrada, One Kaiser Plaza, Suite 2275, Oakland, CA 94612. 3. The date and place of the occurrence giving rise to this claim are as follows: On or about January 25, 1990 SAFEWAY STORES , INC. was served with a complaint captioned Dorothy Johnson as Guardian ad Litem for Lanesha Blocker, et al. v. Safeway Stores, Inc. , et al. (Case No. 660590-8) . The action was filed in the Superior Court of California, County of Alameda. On or about January 25, 1990 SAFEWAY STORES , INC. was served with a complaint captioned Kateri Allah-Weathers, et al. v. Safeway Stores, Inc. , et al. (Case No. 660476-5) . The action was filed in the Superior Court of California, County of Alameda. 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, -1- 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 Bay Area Air Quality Management District pursuant to Greyhound Lines, Inc. v. County of Santa Clara (1986) 187 Cal.App. 3d 480. The indemnity to which claimant is entitled extends not only to the complaints set forth above, but to any subsequent complaints or cross-complaints brought against claimant based on the above-described occurrences. 6. Jurisdiction over this claim would rest in Superior Court. 7 . The names of the public employees causing claimant ' s damages are unknown. -2- 8 . The amount of the claim and the basis for its computation have yet to be determined. DATED: • pZ�-f .C� Q MARTIN, RYAN & ANDRADA A Professional Corporation B JOLIE KRAKA -3- PROOF OF SERVICE BY MAIL - C.C.P. 9§1013a, 2015. 5 I , NANCY FARDANESH, certify that I am over the age of 18 years and not a party to the within action; that my business address is One Kaiser Plaza, Suite 2275, Oakland, California; and that on this date I placed a true copy of the foregoing document (s) entitled: CLAIM AGAINST CONTRA COSTA COUNTY HEALTH DEPARTMENT on the parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: Clerk of the Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 XX (By Overnight Courier) I caused each envelope, with postage fully prepaid, to be sent by Federal Express (By Mail) I caused each envelope with postage fully prepaid to be placed for collection and mailing following the ordinary business practices of Martin, Ryan & Andrada. (By Hand) I caused each envelope to be delivered by hand to the offices listed above. (By Telecopy) I caused each document to be sent by Automatic Telecopier to the following number : I declare under penalty of perjury that the foregoing is true and correct. Executed on at Oak nd, California. L L TV ki CLJI L NANC1�'FARDANESH -4- r. Z6 _ CLAIM 4 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the'Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT AUGUST 28, 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: Undetermined Section 913 and 915.4. Please note all "Warnings". CLAIMANT: TAYLOR, Augusta ATTORNEY: Justin A. Roberts, Esq. 990 Moraga Road, Suite C Date received ADDRESS: Lafayette, CA 94549 BY DELIVERY TO CLERK ON August 1, 1990 Cert. P037 001 234 BY MAIL POSTMARKED: July 31, 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH DATED: August 3, 1990 BYIL Beputy ATCHELOR, Clerk 1I. FROM: County Counsel TO: Clerk of the Board of Supevisors �(v ) 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). 1 ( ) 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: p r�r�((� BY: I Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AUG 2 8 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. codesti 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: A U G 2 9 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator LAW OFFICES OF JUSTIN A. ROBERTS JUSTIN A.ROBERTS 990 MORAGA ROAD, SUITE C TELEPHONE POST OFFICE BOX 878 STEPHEN J.PuxmILL LAFAYETTE,CALIFORNIA 94549 (415)2&3.4880 July 31 , 1990 CERTIFIED MAIL NO. 037 001 234 RETURN RECEIPT REQUESTED Clerk, Board of Supervisors RECEIVED County of Contra Costa 651 Pine Street Martinez, CA 94553 " Re : Augusta Taylor CLERK BOARD F SUPERVISORS CONTRA COSTA CO. Dear Sir/Madam: Augusta Taylor hereby makes claim against the County of Contra Costa, Pittsburg Clinic and Merrithew Memorial Hospital for the sum of Two Million Dollars ($2,000,000.00) and makes the following statements in support of her claim: a. Claimants' name : Augusta Taylor; Claimants ' address : 27 Kingswood, Pittsburg , California 94565. b. Notices concerning the claim should be sent to the Law Offices of Justin A. Roberts, c/o Justin A. Roberts, Esq. , 990 Moraga Road, Suite C, Lafayette, California 94549 . Telephone : (415) 283-4880. C. The date and place of the occurrence giving rise to this claim are beginning in December of 1989, at the Pittsburg Clinic and continuing through February 1 , 1990, at which time Claimant was admitted to Merrithew Memorial Hospital and continuing thereafter . d. A general description of the accident or occurrence : In approximately December , 1989 , Claimant came under the care of the Pittsburg Clinic, owned and operated by employees of the County of Contra Costa for treatment of a condition of her left leg and foot. Claimant continued under said care until February 1 , 1990 , at which time she was hospitalized at Merrithew Memorial Hospital. While at County Hospital , Claimant underwent three vascular graft procedures and an amputation of her left leg. Claimant underwent an arteriogram on February 5 , 1990, without she or her legal guardian having consented to same. Claimant was not mentally competent to grant consent for said procedure . During the course of the arteriogram, Claimant sustained a stroke, leaving her incapacitated. In addition, as a result of the negligence Clerk, Board of Supervisors July 31, 1990 Page Two Re : Augusta Taylor in the diagnosis and treatment of Claimant, she sustained an amputation of her left leg. Claimant had no ability to understand, nor capacity to do so , the nature and extent of her injuries or their negligent cause until subsequent to February 1, 1990. As a result of the aforementioned, Claimant sustained neurologic dysfunction and the aforementioned amputation. The full nature and extent of Claimant Augusta Taylor' s injuries are not known at this time and this claim will be amended when same is ascertained. e. The name or names of the public employee or employees causing the injury, damage or loss are not known at present. f. Claimant is claiming all damages as allowed by law and claims that the damages exceed the jurisdictional minimum limits of the Superior Court. LAW OFFICES OF JUSTIN A. ROBERTS By ustin A. Roberts On Behalf of Claimant Augusta Taylor JAR:cv C � m � o O 0 �3y �Jy r C) r � o � o � od0o � >1 any m c 0 w Mon n o tv In O �- P O rl rG m r1 0 O N. C 2� ru o N m O bC W hh0 C En w 70 � r* nn n _ v � 0a m r* O c �O rt rt M N sere-cnx: X-- to I n cn w o bpo �1 � rmt v tv C w O — n � ol m ori ts^✓r• ` Com on _ AI d y ° DC <m v��dr��__�e• � R4 Y4444 Y,4440 u. • • VICTOR J. WESTMAN CONTRA COSTA COUNTY COUNSEL TO �� v � � � P.O. BOX 69, CO. ADMIN. BLDG., MARTINEZ. CA 94559 . DATE U \i) SUBJECT �NIS 52�� INA 1 C� to 1 psi errithew emorial O9POV aL AND C Ll N IC S TO: Office of County Counsel DATE: August 1, 1990 Contra Costa County FROM: Mark Finucane Health Services erector SUBJ: CLAIM TAYLOR, Augusta M.R.#426455-2 Enclosed is Claim regarding the above case. This was received by Merrithew Memorial Hospital today, August 1, 1990. SP/gk Attachment cc: Ron Harvey, Risk Management Dept. s Contra Costa County osr'4 COUP'S GT A-301A (3/87) TA LAW OFFICES OF JUSTIN A. ROBERTS JUSTIN A.ROBERTS 990 MORAGA ROAD, SUITEC",°--d i I i`1�U TELEPHONE POST OFFICE BOX 878 r' STEPHEN J.PURTILL LAFAYETTE.CALIFORNIA 94549 (415)283-4880 GC:ivTRi�, ivoii( C1:7irs1 July 31 , 1990 f•�t ^!IFi=t'1 E',+: CL�iiit,5 CERTIFIED MAIL N0. 037 001 235 RETURN RECEIPT REQUESTED Administrator Merrithew Memorial Hospital 2500 Alhambra Avenue Martinez, CA 94553 Re : Augusta Taylor Dear Sir/Madam: Augusta Taylor hereby makes claim against the County of Contra Costa, Pittsburg Clinic and Merrithew Memorial Hospital for the sum of Two Million Dollars ($2,000,000.00) and makes the following statements in support of her claim: a. Claimants' name : Augusta Taylor; Claimants' address : 27 Kingswood , Pittsburg , California 94565. b. Notices concerning the claim should be sent to the Law Offices of Justin A. Roberts, c/o Justin A. Roberts, Esq. , 990 Moraga Road , Suite C, Lafayette , California 94549 . Telephone : (415) 283-4880. C. The date and place of the occurrence giving rise to this claim are beginning in December of 1989, at the Pittsburg Clinic and continuing through February 1 , 1990, at which time Claimant was admitted to Merrithew Memorial Hospital and continuing thereafter. d. A general description of the accident or occurrence : In approximately December , 1989 , Claimant came under the care of the Pittsburg Clinic, owned and operated by employees of the County of Contra Costa for treatment of a condition of her left leg and foot. Claimant continued under said care until February 1 , 1990, at which time she was hospitalized at Merrithew Memorial Hospital. While at County Hospital , Claimant underwent three vascular graft procedures and an amputation of her left leg. Claimant underwent an arteriogram on February 5 , 1990 , without she or her legal guardian having consented to same . Claimant was not mentally competent to grant consent for said procedure . During the course of the arteriogram, Claimant sustained a stroke, leaving her incapacitated. In addition , as a result of the negligence Administrator Merrithew Memorial Hospital July 31, 1990 Page Two Re : Augusta Taylor in the diagnosis and treatment of Claimant, she sustained an amputation of her left leg. Claimant had no ability to understand, nor capacity to do so, the nature and extent of her injuries or their negligent cause until subsequent to February 1, 1990. As a result of the aforementioned, Claimant sustained neurologic dysfunction and the aforementioned amputation. The full nature and extent of Claimant Augusta Taylor' s injuries are not known at this time and this claim will be amended when same is ascertained. e. The name or names of the public employee or employees causing the injury, damage or loss are not known at present. f. Claimant is claiming all damages as allowed by law and claims that the damages exceed the jurisdictional minimum limits of the Superior Court. LAW OFFICES OF JUSTIN A. ROBERTS By ustin A. Roberts n Behalf of Claimant Augusta Taylor JAR:cv �ƒ � .. ¥ . y - 2 ( \ . g 3 , w Q \ j / Ln \ \ \� q 7 k $ § < . Ln C \ =\ o ~ \ \\ � \ / \ � \ C3 woo » d �/ co / 2 « . / � 4 . � . .�� . § mom \ * ` § ami ( ¢ � ( $ ( k / \ \ y \ = om \ ? i ¥ 4 i \