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HomeMy WebLinkAboutMINUTES - 08101993 - 1.18 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 10, 1993 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". M. Stuart Goldin, Esq. CLAIMANT: ANCHOR GLASS CONTAINER CORPORATION Cozen & O'Connor 510 W. Broadway, Ste. 1610 ATTORNEY: David P. Lanferman, Esq. San Diego, CA 94101 Varni, Fraser, Hartwell, Date received ADDRESS: Lanferman & Rodgers BY DELIVERY TO CLERK ON July 7, 1993 P.O. Box 570 Hayward, CA 94543-0570 BY MAIL POSTMARKED: July 6, 1993 and 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: July 12, 1993 caIL DepuLyLOR, 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: %J 12- 1 19 P3 BY. (f. Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, B 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. *For additional warning see reverse side of this notice. 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: R�/ 7- 93 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator VARNI, FRASER, HARTWELL, LANFERMAN & RODGERS ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 22771 MAIN STREET LIONELA. RODGERS P. O. BOX 570 LIVERMORE OFFICE 2:01 FOURTH STREET (1842-1989) HAYWARD. CALIFORNIA 94543-0570 LVFOMORL. CA 94550, OFCOUNSEL (510) 886-5000 (z:—)447-1222 ANTHONY B. VARNI FAX: (510) 538-8797 FAX:5101 4437631 PLEASANTON OFFICE 5960 INGLEWOOD OR SANF.. ;CRECEIVED 463 157 CA 94D6tiJuly 6, 199315, 1631575 FnX Slo1 46J.1n46 Clerk of the Board of Supervisors CONTRA COSTA COUNTYRKBOARD OF SUPERVISORS /and/ CONTRA COSTA CO. Board of Directors/ CONTRA COSTA COUNTY FLOOD CONTROL WATER CONSERVATION DISTRICT 651 Pine Street Martinez, CA 94553 Re: West Antioch Creek Anchor Glass Container Our File No. 91685-003 CLAIM AGAINST PUBLIC ENTITY Dear Sir/Madam: Please find enclosed the original and three (3) copies of the following document: CLAIM AGAINST PUBLIC ENTITY Please present this claim to the County Board of Supervisors and the District Board. Please return a conformed copy of same in the envelope enclosed for your use. Please advise immediately if any other information is necessary for your processing of this claim. Thank you. Very truly yours, VARNI, FRASER, HARTIF�LANFERMAN L, LAN£ & RODGERS DA ID�. ANCHOR3.LTR DPL/sm Enclosures cc: Eugene K. Pool M. Stuart Goldin RECEIV JUL - 71993 CLAIM AGAINST PUBLIC ENTITY [Govt. Code §§ 905, 505.2, 910, 910.23 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. TO: THE COUNTY OF CONTRA COSTA AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Claimant ANCHOR GLASS CONTAINER CORPORATION, for itself, its insurers, assignees, and others claiming by or through ANCHOR GLASS CONTAINER CORPORATION hereby makes claim against THE COUNTY OF CONTRA COSTA and the CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, and makes the following statements in support of the claim: 1. The Claimant's post office address is: ANCHOR GLASS CONTAINER CORPORATION, 4343 Anchor Plaza Parkway, Tampa, Florida, 33634-7513 [Attention: Eugene K. Pool] . 2 . All notices or other communications with regard to this claim should be sent to the attorneys for the Claimant as follows: David P. Lanferman, Esq. VARNI, FRASER, HARTWELL, LANFERMAN & RODGERS 22771 Main Street P.O. Box 570 Hayward, CA 94543 (510) 886-5000 (510) 838-8797 FAX M. Stuart Goldin, Esq. COZEN & O'CONNOR Suite 1610 510 W. Broadway San Diego, CA 92101 (619) 234-1700 (619) 234-7831 FAX 3 . The date and place of the occurrence giving rise to this claim are the flooding and resulting damages and related losses inflected on Client at its property and its facilities located at Anchor Glass Container, 1400 W. 4th Street, Antioch, California, in the vicinity of West Antioch Creek, on or about January 12 , 1993 and continuing thereafter. 4. The circumstances giving rise to this claim are as follows: prior to January 12 , 1993 , Claimant is informed that the above-named public entities, and their contractors, planned, designed, engineered, constructed, or partially constructed, channel improvements to the water course known as West Antioch Creek, extending upstream from Claimant's property, and the public entities and their contractors performed work and altered the condition of the Claimant's property in the vicinity of West Antioch Creek, including removal of levees and embankments and alteration of the water course, and failed to complete the designed channel improvements, in such a manner as to increase the probability of flood damage to Claimant's property, and such work was conducted or omitted in a negligent manner, as a result of which, on or about January 12 , 1993 , and continuing thereafter, Claimants sustained damages at their property in Antioch adjacent to the West Antioch Creek. 5. Claimant's injuries include, without limitation, damages to real property, damages to personal property, disruption of business, lost product, loss of earnings, costs for repair and restoration of Claimant's facilities and property, and special damages for increased costs of conducting certain operations on Claimant's property, flood protection and abatement costs and damages, and other related damage, loss, and expense. The claim as of the date of this claim is in an amount that would place it within the jurisdiction of the superior court . The claim is based upon injury, loss and or damage in an amount to be proved later. 6. The names of the public employ causing the Claimant's injuries are presently unknown. DATED: June 30, 1993 By. DA D P. N on behalf of C aimant ANCHOR GLASS CONTAINER CORPORATION cmc �'y.>}+'t V.•%;`4< r M'f'r�' �, ,Fcm� c"71m, ol LU uj 5 �Q R, ca CC o � �. W Ed-H O ►0 c� �4 X w m wq 0 �. Z J a m w u > W a Z F 3 � Z , c: a • w d ti+ i i Z � t CLAIM • Z . 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 10, 1993 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $50,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: KILLINGS, Gwendolyn C. ATTORNEY: Jeff Cunan, Esq. 2121 N. California Blvd. Date received ADDRESS: Suite 680 BY DELIVERY TO CLERK ON July 7, 1993 Walnut Creek, CA 94596 BY MAIL POSTMARKED: hand delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. gg DATED: July 12, 1993 IVIL Deputy OR, Clerk I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ✓f 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: a+ y �Z , /'9 3 BY: �. Deputy County Counsel 11I. 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: 14� -/p—9 3 PHIL BATCHELOR. Clerk, By66 Deputy Clerk WARNING (Gov. code sect on 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. *For additional warnino see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR D 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 1069 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 Gwendolyn C. Killings ) RECEIVED Against the County of Contra Costa ) A - 7I8 or ) District) CLERK BOARD OF 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 $ 50 , 000 . 00 and in support of this claim represents as follows: ----------------------- 1. When did the damage or injury occur? (Give exact date and hour) P•ia.y li_ 1993 j_approximatel_8 : 00 1�_mL. 2. Where did the damage or injury occur? (Include city and county) Martinez Counta Jail _ 3. How did the damage or injury occur? (Give full details; use extra paper if required) Two deputies pulled claimant ' s arms behind her back, removing her left arm from its. socket. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Assault, negligence, intentional and negligent infliction of emotional distress (claimant is 6 months pregnant) . (over) 5. What are the names of county or district officers', servants or employees causing the damage or injury? Deputy Christianson, Deputy Ralls (names to the best of claimant ' s knowledge, subject to modification after discovery) . ------------------------------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Severe personal injury to Claimant' s arm resulting in immobilization, hospitalization, and surgery. Hemorrhaging due to stress (Claimant is 6 months pregnant) . Pain and ---.aLQQq.:LiDq-- ------------------------------------ ---------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Reference -: o L L ---------------------------------- .8. Names and addresses of witnesses, doctors and hospitals. Merrithew Hospital 2500 Alhambra Avenue Martinez;. CA 94553 ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney JEFF CUNAN, ESQ. (CIA)tk6arit's Signator-17 2121 N. California Boulevard Suite 680 Walnut Creek, CA 94596 AUE (Address) -OALLWWA , CA 9-q 6 6 Telephone No. (510) 988-9800 1 Telephone No. I T * * * * * * * * * * V V V V V V I V V V NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district ,board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. • 1. 1 � • CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT AUGUST 10, 1993 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: One Million Dollars Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MANKO, Mary ATTORNEY: 753 Beatrice St. Brentwood, CA 94513 Date received ADDRESS: BY DELIVERY TO CLERK ON July 6, 1993 BY MAIL POSTMARKED: hand delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the. above-noted claim. DATED: July 12, 1993 gaIL DeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of S isors ( ✓S This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ✓) Other: Hipuxier- A -L-EGR'/OATS DF iPLVt wzCzl /N1u1W etc. a.,re oAasr 1-I r-gi-y WirM/Af Jute iUierIDN Q OP- ,e s 60 0-1 PE /it A( ?k Ai$'r1f7 haS 407 �&CE/rE0 ��*rE TO S CA/ FENR CLgiMS t AJO 4eE ©u•IQ-VA J34.0seifPF7 Dated: wG., /Z 1 14 f 3 BY: e 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.A Dated: 6-1 D-6) 3 PHIL BATCHELOR, Clerk, By . Deputy Clerk WARNING (Gov. code secton 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 445.6. 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. *For additional warnino See reverse side of this notice. 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: Y3 - / ' y 3 BY: PHIL BATCHELOR b 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 ) Reserved for Clerk's filing stamp 1 4RY MANKO ) RECEIVED 7c3 BEATRICE STREET,BRENTWOOD, CA. 94-4,_3 � I��, Against the County of Contra Costa ) A - S a or ) CLERK BOARD OF SUPERVISORS District) I QNTRA 22STA 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 $ ONE MILLION DOLLARS and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) ALL EVENTS STARTED MAR M 1 , 1993 at approximately 1 p.m. ------------------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) 11.1 CONTRA COSTA COUA?TY DURING ITERACTION WITH HEALTH SERVICES UNDER DIRECT SUPERVISION OF MARK FIPNCANE ------------------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details; use extra paper if required) SEE ATTACHED ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? SEE ATTAC93D (over) 5.' What are the names of county or district officers, servants or employees causing the, damage or injury? MARK FINUCA]E AND HIS EMPLOYEES: LOIS ELLISON, MAUNEL VELASCO, KAREN MOSSMAN AND JOHN ELLIOTT AT RISK MANAGEMENT X�i[d ------------------------------------------------------------------------------------ 6. What damage or injuries. do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.PHYSICAL AND MENTAL DISTRESS, "Z I,OSS OF WAGES, DEFAMATION OF CHARACTER, PUBLIC HUMILIATION, DEGRADATION, ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) I HAVE LOST SELF ESTEEM, .BEEN SET BACK PERSONALLY, PROFESSIONALLY, THE DEPARTMENTS ACTIONS HAVE CAUSED ME GREAT HARM, AS IT HAS BEEN BLATANTLY INTENTIONAL AS A FORM OF RETALIATION ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. FRAN MONTGOMER, LCSW ( 10)&�6 '077 JOHN GUERRERO, REHAB COUNSELOR, (710)7 4 7700 DR. SHAR, TORONTO, ZAKS, TOBIAS, SIG�RMT , SLAUSUN AND ER AT DELTA MEMORIAL HOSPITAL ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT EA?ENDITURES ARE C071-3RED I'1N AMOUNT CLAIMED Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or b e persoryVq his Pehalf.11 Name and Address of Attorney. 2W1�1 ' MARY MANKO, IN PROPIA PERSONA Claimant's Signature 7c3 BEATRICE STREET 7r3 BEATRICE STREET, BRENTWOOD, CA. 94'13 BRENT 60D, CA. 91 .::13 Address Telephone No. (CIO)634 7c12 Telephone No. (`io) 631 7112 N 0 T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more 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. INAPPROPRIATE ACTIONS,. ABUSE, HARRASMENT AND DISCRIMINATORY PRACTICES BY CONTRA COSTA COUNTY: HEALTH SERVICES DEPARTMENT RISK MAV LENT DEPARTMENT I. MARCH 1., '1993. WORKMANS (�CAPENSAEION FILED,-HAS NOT BEEN RESPONDED. TO AS PER TIME LIMIT BY JOHN ELLIOTT, RISK MANAGEMENT 2. LOIS RELLISON, HEALTH SERVICES- under DIRECT SUPERVISON OF MARK F TUCANE REFUSES TO HONOR RESTRICTIONS.FOR RETURN TO WORK MARCH FIRST .3. MARK FII,NCANE, "SPOKE TO COWORKERS MAY 1993 ASSISTING PIE IPI A FUIITD RAISER, I4ARK FINUCANE ORDERED ME BACK TO WORK JUNE I` then 23 KNOWING MY DOCTORF HAD ME ON DISABILITY THROUGH JUNE 30 r, MARK FINUCANE SUSPENED PIE JULY 1993. CAUSI?IG I-E. TOS APPLY ROR WELFARE 6. LO,13 ELLISON/KAREN 140SSMAN ADVISED OF ABUSE BY LEAD WORKER ti+;ANTDA HILL, . M DATE WORKER NOT COUNSELED AND`I ORDERED TO 'RETURN TO WORK WITH SAIF WORKER THAT CAUSED DISABLING INJURY ?. IdA L VELASCO HAS AFFIRMMATrIE ACTION COMPAAINTSR HAS NOT RESPONDED, WITHIN TIMEFRAME It is ver7,,r,interestinr that all above events be7an AFTER I filed a LAWSUIT AGAINST CONTRA COSTA COUNTY HEALTH SERVICES......I .helieve..all the above actions are due,to RETALIATIOId 63tt�a�xx���ari�g}; Other claims of UNGUAL TREATMENT, HARRASME4 NT , ABUSE from fall 1992 could not he included. due to statute of limitations; but they began shortly after.,I spoke to RON HARVEY of my SEXUAL ASSAULT AT. Merrithew Memorial Hospital, thus I have modified this claim: L FACE IT....I AM NOT GOING AWAY; CONTRA COSTA COUNTY HAS DONE THE MOST-UNFORGIVEABLE . "PUNISH" ME FOR TELLING. P CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT AUGUST 10, 1993 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: Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: PIANE, Steven C. , Sarah Ann; and Timothy Self ATTORNEY: Michael P. Kerner, Esq. Kerner, Weppner & Rosenbaum Date received ADDRESS: 601 First St.. , 2nd Floor BY DELIVERY TO CLERK ON July 7, 1993 Benicia, CA 94510 hand delivered BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. HHIL BATCHELOR, Clerk DATED: 7u 1 1�' A�1 1: Deputy Il. FROM: County Counsel TO: Clerk of the Board of SVpervfisors ( ✓5 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: -7" b "Ci,t�G, -fec d,Ky a. cow 61 C1�� I�-woidwuZ s�e7 577 . z ��« J 7 49 Q3 Dated: p1 (2 19 43 BY: Deputy County Counsel 111. 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 ( k1 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:/D J9.3 PHIL BATCHELOR, Clerk, y 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. *For additional warnina see reverse side of this notice. 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: g// 7/93 BY: PHIL BATCHELOR Deputy Clerk CC: County Counsel County Administrator ' CHAMBER OF COMMERCE BUILDING 601 FIRST STREET • SECOND FLOOR BENICIA. CALIFORNIA 94510 707 745-6424 FACSIMILE: 707 745-8695 KERNER, WEPPNER & ROSENBAUM Attorney,,; at Lain July 2, 1993 Merrithew Memorial Hospital RECEIVED 2500 Alhambra Avenue Martinez, CA 94553 Board of Supervisors JUL - 7 Contra Costa County 651 Pine Street CLERKBOARD OFSUPERWINS CONTRA COSTA CO. Martinez, CA 94553 K. Severson, FNP Merrithew Memorial Hospital 2500 Alhambra Avenue Martinez, CA 94553 NOTICE OF INTENTION TO COMMENCE ACTION AGAINST HEALTH CARE PROVIDER [Code of Civil Procedure §3641 TO THE ABOVE-NAMED ENTITIES AND INDIVIDUALS: This letter shall serve as notice, in accordance with Section 364 of the Code of Civil Procedure, that Steven C. Piane, successor in interest to Susan A. Piane, deceased, Sarah Ann Piane, and Timothy Self, will file suit against you, and each of you, for damages resulting from the personal injury and wrongful death of Susan A. Piane. The legal basis of this action will be the negligent failure to properly diagnose and treat Susan A. Piane for breast cancer resulting in her death. Plaintiffs will allege and prove the following losses and injuries as a proximate result of the aforementioned professional negligence : extended hospitalization, treatment, and consequential death of decedent, resulting in substantial medical, hospital and related expenses, lost wages and earnings, pecuniary loss resulting from the loss of the society, comfort, attention, services, and future support of decedent, funeral and burial expenses, and general damages . 220 MONTGOMERY STREET, 15TH FLOOR • SAN FRANCISCO, CALIFORNIA 94104 • 4:5 397-3221 • FACSIMILE 415 989-1137 Merrithew Memorial Hospital, et al . Page Two July 2 , 1993 Sincerely, VIA( I �( MICHAEL P. KERNER Attorney for Plaintiffs Steven C. Piane, Sarah Ann Piane, and Timothy Self MPK/pt 1 Michael P. Kerner State Bar No. 91351 / V 2 KERNER, WEPPNER & ROSENBAUM 601 First Street, Second Floor RECEIVED 3 Benicia, California 94510 (707) 745-6424 4 JUL - 7 � Attorneys for Claimants 5 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. 7 8 BOARD OF SUPERVISORS 9 COUNTY OF CONTRA COSTA 10 STEVEN C. PIANE; SARAH ANN ) Case No. PIANS; and TIMOTHY SELF, ) 11 ) Claimants, ) CLAIM FOR DAMAGES 12 ) FOR WRONGFUL DEATH VS . ) 13 ) COUNTY OF CONTRA COSTA; ) [Govt . Code §9101 14 MERRITHEW MEMORIAL HOSPITAL; ) and DOES 1 through 50, ) 15 inclusive, ) 16 Defendants . ) 17 Claimants STEVEN C. PIANE, SARAH ANN PIANE, and TIMOTHY SELF 18 hereby present this claim to the COUNTY OF CONTRA COSTA and 19 MERRITHEW MEMORIAL HOSPITAL pursuant to California Government Code 20 section 910 . 21 1 . NAME OF CLAIMANTS : STEVEN C. PIANE, SARAH ANN PIANE, and 22 TIMOTHY SELF. 23 2 . CLAIMANTS' ADDRESS : C/0 claimants' attorney, Michael P. 24 Kerner, Kerner, Weppner & Rosenbaum, 601 First Street, Second 25 Floor, Benicia, California 94510 ; phone number (707) 745-6424 . 26 3 . SEND NOTICES TO: C/O claimants' attorney, Michael P. 27 Kerner, Kerner, Weppner & Rosenbaum, 601 First Street, Second 28 1 Floor, Benicia, California 94510; phone number (707) 745-6424 . 2 4 . DESCRIPTION OF INCIDENT: This claim is based on the 3 negligence of the COUNTY OF CONTRA COSTA, MERRITHEW MEMORIAL 4 HOSPITAL, K. SEVERSON F.N. P. , and one or more other employees 5 and/or agents of the County and Hospital who rendered care and 6 treatement to Susan A. Piane, deceased, during the period January 7 1, 1990 and February 26, 1993 . Said healthcare providers were 8 negligent in the care and treatment of decedent' s breast cancer, 9 which disease they failed to timely diagnose and treat . In early 10 1990, decedent presented to K. SEVERSON and other physicians and 11 surgeons at MERRITHEW MEMORIAL HOSPITAL complaining of a painful 12 lump in breast . She thereafter returned repeatedly complaining of 13 severe breast and back pain. Several examinations and mammograms 14 were performed by said health care providers during the ensuing two 15 years . Despite requests for further testing, decedent was 16 diagnosed with pleurisy and back tension. In September 1992 17 decedent was diagnosed with terminal state 4 breast cancer with 18 metastasis to the spine . On February 26, 1993 , decedent died as a 19 result of her disease and defendants' negligence . Defendant health 20 care providers are therefore liable to claimants for decedent' s 21 wrongful death, all as provided in the California Government Code . 22 Claimants claim damages from said defendant health care providers 23 as and for medical and hospital expenses, lost wages and earnings, 24 pecuniary loss resulting from the loss of the society, comfort, 25 attention, services, and future support of decedent, funeral and 26 burial expenses, and general damages . 27 5 . NAMES OF OFFICERS OR EMPLOYEES CAUSING THE INJURIES OR 28 CLAIM -2- 1 DAMAGE: K. SEVERSON, F.N. P. Other unknown public entities, 2 employees or agents who are also responsible for claimants' damages 3 are claimed against herein as DOES 1 through 50, and their true 4 names will be disclosed when discovered. 5 6 . AMOUNT CLAIMED: (a) General damages, the exact amount 6 of which is unknown to claimants at this time but which are 7 estimated at one million dollars ($1, 000, 000 . 00) ; (b) Medical and 8 incidental expenses, and other special damages, the exact amount of 9 which are unknown to claimants. at this time, but which are 10 estimated at five hundred thousand dollars ($500, 000 . 00) ; (c) Loss 11 of future earnings and support, the exact amount of which are 12 unknown to claimants at this time, but which are estimated at one 13 million dollars ($1, 000, 000 . 00) ; and (d) Interest, costs of suit 14 and unspecified relief, the exact amounts of which are unknown to 15 claimants at this time . 16 Dated: Law Offices of KERNER, WEPPNER & ROSENBAUM 17 18 By: 19 MICHAEL P. KERNER Attorney for Claimants 20 21 22 23 24 25 26 27 28 CLAIM -3- 5 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 ApGUST 10 1993 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: SCOTT:; 'Don and Karon; Golf & Games ATTORNEY: Timothy L. Clack, Esq. Law Offices Date received ADDRESS: 3 Altarinda Rd. , Suite 301 BY DELIVERY TO CLERK ON July 8, 1993 Orinda, CA 94563 certified BY MAIL POSTMARKED: July 6, 1993 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: July 12, 1993 IVIL BATCHELOR, Clerk eputy ( J I1. FROM: County Counsel TO: Clerk of the Board of Sup visors ( ✓f 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 + If BY: Deputy County Counsel I11. 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:_ //D/q3 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. *For additional warnino see reverse side of this notice. 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: R h 7/!u BY: PHIL BATCHELOR Deputy Clerk CC: County Counsel County Administrator Law Offices of TIMOTHY L. CLACK 3 ALTARINDA ROAD SUITE 301 TELEPHONE ORINDA.CALIFORNIA 94563 FACSIMILE (510)2531330 (510)253-0413 July 6, 1993 RECEIVED Clerk of the Board of Supervisors County of Contra Costa ."8 651 Pine Street, Room 106 F. Martinez, CA 94553 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. RE: Claim for Damage to Real Property Golf and Games - Antioch Dear Sir/Madam: In compliance with Government Code Section 910, the following claim is presented to the Contra Costa County Flood Control District: (a) Claimant: Don & Karon Scott Golf & Games 501 Somersville Road Antioch, CA 94509 (b) Address to which notices are to be sent: Timothy L. Clack, Esq. 3 Altarinda Rd. , Suite 301 Orinda, CA 94563 (c) Circumstances of injury/occurrence: Commencing on or about July 10, 1992, the Contra Costa County Flood Control District directed. Hess Construction Company to perform work in a flood control channel located directly behind claimant's business property. Hess Construction used heavy equipment, i.e. tractors and bulldozers, etc. , to dig or widen a ditch in the area of Somersville Road. The heavy equipment caused earth waves which caused extensive cracking to concrete surfaces at claimant's business property. See letter of Bart O'Keeffe, civil engineer, attached. (d) General description of injury, damage, or loss: The cracked concrete surfaces disrupted business at claimant's property, disrupting use of go-cart slick track ride at Golf & Games Amusement Park. Claimant has incurred significant repair costs for the cracked surfaces, as well as lost income and profits. It is necessary to replace the concrete in the slick track area at significant cost. Page Two 7/6/93 Golf & Games (e) Name of public employee causing injury, damage, or loss: Claimant is unaware of the name of the specific employee ordering the use of heavy equipment, but the general employee responsible is the Contra Costa County Flood Control District. (f) Statement of -jurisdiction: Jurisdiction of claimant's action is in the Superior Court of California, County of Contra Costa. Please forward a copy of this claim to your insurance carrier. Respectfully yours, Timothy L. Clack, Esq. Attorney for Claimants Don & Karon Scott, dba Golf & Games TLC/kw cc: Don & Karon Scott LAW OFFICE,OF TiMoT'FiY L. CLACK Bart M. O'Keeffe onsu t ng Civil Hip-g-lbeer P.O. Box 245 PAX (510) 34-8114 Byron, CA 94514 September 8, 1992 Mr, Don Scott Golf & Games 501 Somersville Road Antioch CA 94509 Subject: Golf & Games Slick Track - Antioch CA This letter is to document my engineering inspection of the Golf & Games Slick Track on or about July 24 , 1992 , and again on September 1, 1992 . The purpose of the inspections was to evaluate the cracking of the concrete slick track. At the time of the July inspection heavy fluty earth movers were excavating the County flood control channel adjacent to the slick track. Heavily loaded earth movers were moving within 20 feet of the facility. As I stood adjacent to the slick track Y could feel the earth heaving under my feet in a rolling motion as each loaded earth mover went by. The earth was experiencing movement vertically as each loaded earthmover went past. Where is no doubt in my mind that this earthmoving operation was the primary cause of the concrete cracking in the slick track. I inspected the site again on September 1, 1992 , and found the concrete cracking and movement to be greater than that observed during the July inspection. Respectfully Submitted �- �o��pFESS1pNA� �T • Bart M. O'Keeffe RCE #15, 552UJ No. 15,552 Jj CIVI�- \Q' 9r�Of C�L1���� , �'Kp G l jo/Y3 Scott2 f -fid Co CO ccc W y{ T 05 CO �Lr) 8 4J o° co v m m N CO r1 CC) • T ri CL X U dM a U o C O O 5 N ¢n¢p U D W LL O 7 ¢N V Z � o E"i County Counsel JUL 19 1993 A� � APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Martinez, CA 94553 BOARD ACTION AUGUST 10, 1993 Application to File Late Claim ) NOTICE TO APPLICANT 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. Claimant: MITRA, Jose and- Maria Attorney: Amy Eskin, Esq. , Hersh & Hersh Address: 601 Van Ness Avenue, Suite 2080 Amount: San Francisco, CA 94102 By delivery to Clerk on July 12, 1993 Date Received: July 12, 1993 By mail, postmarked on hand delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Applicationto ile Late Claim. DATED: July 16, 1993PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel lerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( ►� The Board should deny this Application to File LateC1 (Section 911.6). DATED: STMAN 01 2v 199 3 VICTOR WE , County Counsel, By e— Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). ( V/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: 8 -/0-9_3 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 immediatel . 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: 3 PHIL BATCHELOR, Clerk, Deputy V. FROM: (15 County Counsel 2 County A rator 70: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: - 7 F 1 County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM S • • 1 LEROY HERSH, ESQ. , State Bar No. 26518 AMY ESKIN, ESQ. , State Bar No. 127668 2 Hersh & Hersh A Professional Corporation 3 601 Van Ness Avenue, Suite 2080 San Francisco, CA 94102 4 f Telephone : (415) 441-5544 5 Attorneys for Claimants RECEIVE® 6 JUL 1 21993 7 IX-or p.m. CLERK BOARD OF SUPERVISORS 8 CONTRA COSTA CO. �. 9 Claim of JOSE MITRA and ) MARIA MITRA, ) 10 ) 11 vs . APPLICATION FOR LEAVE 12 COUNTY OF CONTRA COSTA ) TO PRESENT LATE CLAIM (SECTION 911 . 4 OF THE 13 A Public Entity. ) GOVERNMENT CODE) 14 15 To the Clerk of the Contra Costa County Board of 16 Supervisors : 17 1 . Application is hereby made, pursuant to Government 18 Code Section 911 . 4, for leave to present a late claim founded 19 on a cause of action for emotional distress which accrued on 20 November 24, 1992, for which a claim was not presented within 21 the six-month period provided by Section 911 . 2 of the 22 Government Code . For additional circumstances relating to the 23 cause of action, please refer to the proposed claim attached to 24 this application. 25 2 . The failure to present this claim within the six- 26 month period specified by Section 911 . 2 was through mistake, 27 inadvertence and excusable neglect on behalf of claimants ' 28 • 1 attorneys, and the County of Contra Costa was not prejudiced by 2 this failure . Please refer to the attached declaration of 3 claimants ' attorney, Amy Eskin, for further details . 4 3 . This application is being presented within a 5 reasonable time after the accrual of this cause of action, as 6 more particularly shown by the attached declaration of 7 claimants ' attorney, Amy Eskin. 8 It is respectfully requested that this application be 9 granted and that the attached proposed claim be received and 10 acted on in accordance with Sections 912 . 4-913 of the 11 Government Code . 12 13 14 15 HERSH & HERSH 16 A Professional Corporation 17 By: 4413V a,2� 18 y Esk Attorneys fo Claimants 19 20 21 22 23 24 25 26 27 28 CLAIM AGAINST THE COUNTY OF CONTRA COSTA Claimants ' names : Maria Mitra and Jose Mitra c/o HERSH & HERSH A Professional Corporation Opera Plaza, Suite 2080 601 Van Ness Avenue San Francisco, CA 94102-6388 Address to which notices are to be sent: Amy Eskin HERSH & HERSH A Professional Corporation Opera Plaza, Suite 2080 601 Van Ness Avenue San Francisco, CA 94102-6388 Date, Place And Circumstances Of Occurrence Giving Rise To Claim: On the afternoon of November 24, 1992, claimants ' three-year-old son, John Mitra, began to choke . A neighbor called 911 emergency for assistance . As a result of the negligent instructions and care administered by the agents and employees of the County of Contra Costa, the Contra Costa Fire Department and paramedics, and the dispatcher and/or operator of the 911 emergency services, claimants ' son suffered severe and permanent injuries . Claimants are the parents of John Mitra, they were present at the scene and were aware that their son was suffering injuries . As a result of witnessing the injuries to their son, the claimants have suffered severe emotional distress . General Description Of The Injuries, Damages and Tosses So Far As Known As Of The Date Of This Claim Incidental expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Unknown General Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unknown Estimated prospective damages . . . . . . . . . . . . . . . . . . . Unknown Name Of Public EmBloyees Causing The Injuries And Damages : The employees and agents of the County of Contra Costa, the Contra Costa Fire Department and paramedics, and the dispatcher and/or operator of the 911 emergency service . The name of the 911 dispatcher and/or operator is unknown at this time . -1- Dated: June 23, 1993 HERSH & HERSH A Professional Corporation By: Amy E#c i n Attorneys for Claimant Acknowledgement of receipt of this document is hereby made this day of , 1993 -2- 1 DECLARATION OF AMY ESKIN 2 I, AMY ESKIN, declare : 3 1 . I am an attorney licensed to practice before all 4 Courts of the State of California and am a partner in the law 5 firm of Hersh & Hersh, A Professional Corporation, attorneys 6 for all claimants herein. 7 2 . I make this declaration in support of claimants ' 8 Application for Leave to Present a Late Claim. 9 3 . I am familiar with the facts in this declaration, and 10 if called upon as a witness, could competently testify thereto. 11 4 . On or about December 21, 1992, claimants contacted 12 this office to discuss the possibility of filing a law suit 13 based upon the events that occurred on November 24, 1992 . 14 5 . When a case is accepted by this office, the statute 15 of limitations for filing the claim is immediately calendared 16 into the computer system. When the present case was 17 calendared, the filing deadline was inadvertently entered as 18 one year, as opposed to six months, as required by Section 19 911 .2 of the Government Code . 20 6 . Due only to this mistake, inadvertence and excusable 21 neglect on behalf of this office, claimants did not file a 22 government claim. I learned of this situation on or about June 23 1, 1993, and immediately acted to remedy the mistake by the 24 filling of this application . 25 7 I declare under penalty of perjury under the laws of 26 the State of California that the foregoing is true and correct 27 28 1 and that this declaration was executed on June 23 at San 2 Francisco, California . 3 4 " 5 By: Amy Esk ' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 County Counsel J UL 191993 APPLICATION TO FILE LATE CLAIM �1ar�Inez, CA 94553 � . BOARD OF SUPERVISORS .OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT AUGUST 10, 1993 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 9.11.8 and 915.4. Please note the "WARNING" below. Claimant: MITRA, John Edward Attorney: Amy Eskin, Esq. Hersh & Hersh Address: Professional Corporation 601 Van Ness Avenue, Suite 2080 Amount: San Francisco, CA 94012 By delivery to Clerk on July 12, 1993 Date Received: July 12, 1993 By mail, postmarked on hand delivered 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: July 16, 1993 PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( ✓) The Board should deny this Application to File Late Clai (Sectiion DATED: Lo 1193 VICTOR yESTMAN, County Counsel, By L Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (� 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: gB:11) _ 9 3 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a oourt 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 u 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: 4-/ 7- 9-3 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Admi strator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: � - 7q 9-3 County Counsel, Bye//f/�-�..c: County Administrator, By 4 „ .�,►��_ _ APPLICATION TO FILE LATE CLAIM 1 LEROY HERSH, ESQ. , State Bar No. 26518 AMY ESKIN, ESQ. , State Bar No. 127668 2 Hersh & Hersh A Professional Corporation 3 601 Van Ness Avenue, Suite 2080 San Francisco, CA 94102 4 RECEIVED Telephone : (415) 441-5544 5 Attorneys for Claimant JUL 1 21993 6 CLERK BOARD OF SUPERVISORS 7 CONTRA COSTA CO. 8 Claim of JOHN EDWARD ) 9 MITRA, ) 10 vs . ) 11 COUNTY OF CONTRA COSTA ) APPLICATION FOR LEAVE TO PRESENT LATE CLAIM 12 A Public Entity. ) (SECTION 911 . 4 OF THE GOVERNMENT CODE) 13 ) 14 15 To the Clerk of the Contra Costa County Board of 16 Supervisors : 17 1 . Application is hereby made, pursuant to Government 18 Code Section 911 . 4, for leave to present a late claim founded 19 on a cause of action for personal injury which accrued on 20 November 24, 1992, for which a claim was not presented within 21 the six-month period provided by Section 911 .2 of the 22 Government Code . For additional circumstances relating to the 23 cause of action, please refer to the proposed claim attached to 24 this application . 25 2 . No claim was presented during the period of time 26 provided by Section 911 .2 of the Government Code due to 27 mistake, inadvertence, and excusable neglect on behalf of 28 1 claimant ' s attorneys . Please refer to the attached declaration 2 of claimant ' s attorney, Amy Eskin, for further details . 3 3 . The claimant was a minor during all of the six-month 4 period specified by Section 911 . 2 for presentation of the 5 claim, and is no way responsible for the delay in the filing of s this claim. 7 4 . Claimant sustained brain damage as a result of his $ injuries and has been incapacitated since November 24, 1992 . 9 5 . This application is being presented within a 10 reasonable time after the accrual of this cause of action, as 11 more particularly shown by the attached declaration of 12 claimant ' s attorney, Amy Eskin . 13 It is respectfully requested that this application be 14 granted and that the attached proposed claim be received and 15 acted on in accordance with Sections 912 . 4-913 of the 16 Government Code . 17 18 19 20 HERSH & HERSH 21 A Professional Corporation 22 .sY' 23 Amy Esk Attorneys fo Claimant 24 25 26 27 28 CLAIM AGAINST THE COUNTY OF CONTRA COSTA Claimant ' s name : John Edward Mitra c/o HERSH & HERSH A Professional Corporation Opera Plaza, Suite 2080 601 Van Ness Avenue San Francisco, CA 94102-6388 Address to which notices are to be sent : Amy Eskin HERSH & HERSH A Professional Corporation Opera Plaza, Suite 2080 601 Van Ness Avenue San Francisco, CA 94102-6388 Date, Place And Circumstances Of Occurrence Giving Rise To Claim: On November 24, 1992, claimant, a three-year-old boy, began to choke . A neighbor called 911 emergency for assistance . As a result of the negligent instructions and care administered by the agents and employees of the . County of Contra Costa, the Contra Costa Fire Department and paramedics, and the dispatcher and/or operator of the 911 emergency service, claimant suffered severe and permanent injuries, both general and special . General Description Of The Injuries, Damages and Losses So Far As Known As Of The Date Of This Claim Medical, hospital, and incidental expenses . . . . . . Unknown Wage loss and loss of earning capacity . . . . . . . . . . Unknown General Damages, exclusive of above . . . . . . . . . . . . . Unknown Estimated prospective damages . . . . . . . . . . . . . . . . . . . Unknown Name Of Public Em2loyees Causing The Injuries And Damages : The employees and agents of the County of Contra Costa, the Contra Costa Fire Department and paramedics, and the dispatcher and/or operator of the 911 emergency service . The name of the 911 dispatcher and/or operator is unknown at this time . -1- Dated: June 23, 1993 HERSH & HERSH A Professional Corporation By: Amy Esk ' Attorneys f r Claimant Acknowledgement of receipt of this document is hereby made this day of , 1993 -2- 1 DECLARATION OF AMY ESKIN 2 I, AMY ESKIN, declare : 3 1 . I am an attorney licensed to practice before all 4 Courts of the State of California and am a partner in the law 5 firm of Hersh & Hersh, A Professional Corporation, attorneys 6 for claimant herein. 7 2 . I make this declaration in support of claimant ' s 8 Application for Leave to Present a Late Claim. 9 3 . I am familiar with the facts in this declaration, and 10 if called upon as a witness, could competently testify thereto. 11 4 . On or about December 21, 1992, claimant ' s parents 12 contacted this office to discuss the possibility of filing a 13 law suit based upon the events that occurred on November 24, 14 1992 . 15 5 . When a case is accepted by this office, the statute 16 of limitations for filing the claim is immediately calendared 17 into the computer system. When the present case was 18 calendared, the filing deadline was inadvertently entered as 19 one year, as opposed to six months, as required by Section 20 911 .2 of the Government Code . 21 6 . Due only to this mistake, inadvertence and excusable 22 neglect on behalf of this office, claimant did not file a 23 government claim. I learned of this situation on or about June 24 1, 1993, and immediately acted to remedy the mistake by the 25 filling of this application . 26 27 28 1 T. Claimant was a minor during the entire six-month 2 claim presentation period, and is in no way responsible for the 3 late filing of the present claim. 4 8 . I declare under penalty of perjury under the laws of 5 the State of California that the foregoing is true and correct 6 and that this declaration was executed on June 23 at San 7 Francisco, California . 8 9 10 By: Amy Esk 'n 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 County Dounsei AMENDED /, /P* CLAM JUL 191991 $ ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA MU Tin ez, CA 94553 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT AUGUST 10, 1993 and Snard 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: GORANSON, Storm c. ATTORNEY: Date received ADDRESS: 446 Beaver Street BY DELIVERY TO CLERK ON ,Tule 14. 1993 (Via Counsel) Santa Rosa, CA 95404 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. H�IIL BATCHELOR, Clerk DATED: July 16. 1993 l: Deputy II. FROM: County Counsel TO: Clerk of the Board of Su sors as a-wLer.A4A ( ✓) 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: JzG , 1193 BY: Deputy County Counsel 11I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. 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: t,13—/t)—t?3 PHIL BATCHELOR, Clerk, Deputy Clerk WARNING (Gov. code secon 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. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING 1 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: 8_/ —g3 BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator CONFIDENTIAL COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY R E C.E� MARTINEZ, CALIFORNIA 'JUL 1 419M MEMORANDUM CLERK BOARD OF SUPERVISORS Date: July 13, 1993 CONTRA COSTA Co. TO: Joe Tonda, Risk Manager Attn: Ron Harvey, Liability Claims Manager Jeanne Magilo, Clerk of the Board of Supervisors PWK: Victor J. Westman, County Counsel By: Gregory C. Harvey, Deputy County Counsel Re: Goranson Claim Attached to this memorandum is an amendment to the Goranson claim. 1419931 ENVIRONMENTAL ENGINEERING ASSOCIATES � C NVIRONMENTAL ENGINEERING _ ^``,/ % HAZARDOUS MATERIALS RECE Mr. Victor Westman JUL 1 41993 June 11, 1993 County Counsel County of Contra Costa CLERK BOARD OF SUPERVISORS 651 Pine Street, 9th Floor CONTRA COSTA CO. Martinez, CA 94553-0116 RE: NOTICE OF INSUFFICIENCY/ NON-ACCEPTANCE OF THE CLAIM OF STORM GORANSON Dear Mr. Westman: The following information is submitted in response to the subject notice. Item 3 Obviously, the uncontrolled stormwater runoff had an accumulative effect. There is no one specific point in time in which the totality of the damage occurred; nor, when the threatening situation was created. Item 7 The County's claim form does not include a provision for the initial date on which damage was noted by the Claimant. For the record, I first observed this damage around April 1993. Sincerely Yours, Y1. Storm C. Goranson, P.E., R.E.H.S., R.E.A. Consulting Environmental Engineer 446 BEAVER STREET SANTA ROSA, CA 95404 (707) 575-5851