HomeMy WebLinkAboutMINUTES - 09211993 - 1.9 ` CLAIM AUG 2 419
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
COUNTY COUNSEL
Claim Against the County, or District. governed by) BOARDI` CALIF.
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT SEP'T'EMBER 21, 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".
CLAIMANT: MAHONEY, Christine; DOMBROSKI, Kathleen; MILLER, Kat.hryn;& HENRY, Mark
ATTORNEY: Clyde I. Butts, Esq.
Law Offices of Marraccini & Butts Date received August 23, 1993
ADDRESS: 1225 Alpine Road, Suite 204 BY DELIVERY TO CLERK ON
Walnut Creek, CA 94596
BY MAIL POSTMARKED: August 20, 1993
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. pp gg
DATED: August. 24, 1993 BgIL DepuLyLOR, Clerk
I1. FROM: County Counsel TO: Clerk of the Board of Su ervisors
(� 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,4-14,r z `l 9 9 3 BY: Deputy County Counsel
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).
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 PHIL BATCHELOR, Clerk, By."'I ��xQ� 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 OLe, 1-I,, 9 3 BY: PHIL BATCHELOR by,2. ��, ��= Deputy Clerk
CC: County Counsel County Administrator
LAW OFFICES OF
MARRACCINI & BUTTS
RODNEY A.MARRACCINI 1225 ALPINE ROAD,SUITE 204
(lI YDE I.RUM WALNUT CREEK,CALIFORNIA 94596
(510)943-1850
� pg®®�
nCCE 4y tom.LY
August 20, 1993
['AUG273993
Clerk of the Board of Supervisors CLERK 6OARV OF SUPERVISORS
County Administration Bldg. , Rm. 106Ccrgj.R
651 Pine St.
Martinez, CA 94553
Re: Mahoney v. Contra Costa County
REQUESTED ACTION:
X Please file original( s) and return endorsed-filed
copies.
Please present to the Judge for signature, file
original( s) and return endorsed-filed copies.
Please issue original summons and return.
Please certify copy( ies) and return.
Please record and return.
Other:
ENCLOSURE(S) :
Check in the sum of $
X Self-addressed, stamped envelope.
DOCUMENTS: CLAIM
Thank you.
Cialr. to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 319 1987,
must be presented not later than the 100th day- after the accrual of the cause of
action. Claims relating to causes of action for.death or for injury to person
or to personal property or growing crops-and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims -elating 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
QHRISTINE MAHONEY, KATHLEEN RECEIVED
DOMBROSKI, KATHRYN MILLER
and MARY HENRY AUG 2 3 1993
Against the County of Contra Costa
or
CLERK BOARD OF SUPERVISORS
District) 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 $ pxceeds- 10 . 000. and in support of
this claim represents as follows:
----------
1. When did the damage or injury occur? (Give exact date and hour)
0.n
n or about June 30, 1993. Time unknown. ..
_____..__-__-..__e_- —--—------——---—-—-----------—------—w--------
2. Where did the damage or injury occur? (Include city and county)
Contra Costa County Morgue, Martinez , Contra Costa County.
___--—------- -----__-----__M.------
3. How did the damage or injury occur? (Give full details; use extra paper if
required)
See attached, #3-4.
-------—---—----- ---——--...._.-----------------------------------
4.
------------------------------------
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
See attached, #3-4 .
(Over)
wnat are tne names of county or district officers, servants or employees causing
the damage or injury?
Unknown at this time.
----------------------------------------------------------------------------------
6. What damage or injuries 'do you claim resulted?
ulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
See attached, 6-7 .
-—-------------------------- --------—----- --
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury.-or damage.)
See attached, #6-7 .
-----—----
Names and addresses-of witnesses, doctors and hospitals.
Unknown at this' time.
--------------------- ----- ----------- -—------
9. List the expenditures you made on"account of this accident or injury:
DATE ITEM AMOUNT
Unknown at this time.
Gov. Code See. 91002 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) _ or by someperson on his behalf."
Name and Address of Attorney
CLYDE I. BUTTS, ESQ. 4-- 7 Claimant Is Si tune
State Bar No. 88020
LAW OFFICES OF MARRACCINI 1225 Alpine Road, Ste. 204
& BUTTS (Address)
1225 Alpine Road, Ste. 204 Walnut Creek, CA -94596
Walnut Creek, CA 94596
Telephone No. (510) 943-18510 Telephone No. (510) 943-185 0
T T V V 9 9 V V T T 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.
MAHONEY, et al. v. COUNTY OF CONTRA COSTA
ATTACHMENT TO CLAIM
3-4 OCCURRENCE OF DAMAGE/INJURY - ACT/OMISSION CAUSING:
Steven Varnum ( ",decedent" ), died on or about June 27, 1993.
Decedent 's body was discovered in his apartment in Pleasant Hill,
California on or 'about June 29, 1993. His body was taken to the
Contra Costa County Morgue in Martinez so that an autopsy could be
performed. On or about June 30, 1993, decedent was wrongfully
cremated, as hereinafter alleged.
Claimants are the four adult sisters, and only surviving heirs, of
decedent. Claimants bring this claim against the County of Contra
Costa ( "respondent" ) , for infliction of emotional distress, arising
out of respondent' s negligent handling of decedent' s body.
Following the death of decedent, claimants were in the process of
making funeral arrangements with the Wilson & Kratzer mortuary in
Richmond, California, and were arranging to have decedent' s body
buried at the Rolling Hills Cemetery in E1 Cerrito.
On or about June 30, 1993, an unknown County deputy-sheriff,
without claimants' authorization and/or permission, released
decedent' s body to a representative from the Pittsburg Funeral
Chapel, who was to pick up the body of another individual, whose
family had requested cremation. Claimants are informed and
believe, and thereon allege, that the deputy-sheriff did not
ascertain the correct identity of decedent' s body, prior to
releasing it to the Pittsburg Funeral Chapel representative, and,
as a direct result, decedent's body was delivered to Memory Gardens
Memorial Park Cemetery, where it was cremated.
6-7 DAMAGE/INJURIES:
Claimants have suffered severe emotional distress as a result of
this incident. Not only were claimants denied the right to bury
decedent in accordance with their religious beliefs and family
tradition, but they were also denied the ver- personal- and solem:,
experience of paying their final respects to their loved one.
Claimants are informed and believe that respondent' s carelessness
and negligence will cause them permanent emotional and/or physical
damage.
0
Clair. 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 11
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 5911.2.)
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 See. 72 at the end of this
form.
A
RE: Claim By Reserved for Clerk's filing stamp
CHRISTINE MAHONEY, KATHLEEN RECEIVED
DOMBROSKI, KATHRYN MILLER
j1nd MARY HENRY '
Against the County of Contra Costa AUG 2 3 PA
or ;
District) CLERK 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 $ exceeds- 10, 000. and in support of
this claim representsias follows:
.»..______________....-_—____—__--_-____— -----—----
1. When did the damage or injury occur? (Give exact date and hour)
On or about June 30, 1993 . Time unknown.
----—------------
2. Where did the damage or injury occur? (Include city and county)
Contra Costa County Morgue, Martinez , Contra Costa County.
-------------. i------ -—-—---------—------
3. How did the damage or injury occur? (Give full details; use extra paper if
required)
See attached, 43-4.
------------- ------ --—-------------------------—-----—-
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
I
See attached, 43-4 .
(over)
�. wriat are the namesiof country or district officers, servants or employees causing
the damage or iniury?
Unknown at this time.
--------------------- ---------------------------__-------------------------------
5. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
See attached, #,6-7 .
-_..------------------- ------- ...._..-..-........-,.�..�.._.�1.._. _-_...._..�__!_.._»
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
See attached, #6-7 ,
-----------------1-_ ------
------
$.• Names and addresses of witnesses, doctors and hospitals.
Unknown at this time.
-------------------------I--- --------------------------
9. List the expenditures you made on'�account of this accident or injury:
DATE ITEM AMOUNT
Unknown at this: time.
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) _ or by some personon his behalf-"
Name and Address of Attorney
CLYDE I. BUTTS, ESQ. laimant's Si tore
State Bar No. 8802'0 .
LAW OFFICES OF MAR;RACCINI 1225 Alpine Road, Ste. 204 .
& BUTTS Address
1225 Alpine Road, Ste. 204 Walnut Creek, CA - -94596
Walnut Creek, CA 194596
Telephone No. (510) 943-1850 Telephone No. (510) 943-1.850
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)1,: 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,
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AMENDED
I' I
q�q � CLAIM
S E 80 D �FTUPE QRS OF CONTRA COSTA COUNTY CALIFORNIA
Claim Against the Co nty, or � ANP C�rned byl BOARD ACTION
the Board of Supervi rs Ro �°rr ffdtsrsen+ets,) NOTICE TO CLAIMANT SEPTEMBER 21, 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".
CLAIMANT: BEKINS, Kate; BEKINS, Elyse Anne; and BEKINS, Milo McIntyre
ATTORNEY: Jamie P. Roberson
Law Offices of John D. Winer Date received
ADDRESS: 50 California Street, Suite 3220 BY DELIVERY TO CLERK ON September 3, 1993
San Francisco, CA 94111
BY MAIL POSTMARKED: September 2, 1993
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: September -3, 199"1 Jqll BeputyLOR, Clerk
II. FROM: County Counsel TO: Clerk of the Board of Supe ors
( ✓) 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: l�d++t /� ��T �3 BY: eputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
( This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated J,,wJ-e,,,,f,,,_) PHIL BATCHELOR, Clerk, By, %1. 1",,4 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' ,,",A,, 2i 111 BY: PHIL BATCHELOR by ��, �lJ Deputy Clerk
CC: County Counsel County Administrator
LAW OFFICES OF cJOHN D. WINEIR
SUITE 3220
JOHN D.WINER 50 CALIFORNIA STREET
FAX
SAN FRANCISCO,CALIFORNIA 94111 (415) 434-9311
EDWARD C.CASEY, JR.
JAMIE P. ROBERSON 1415) 434-9300
RECEIVED
150 -1 1993
F
September 2 1993 CLERK i30AR[�OF SUPERV3ROs��. 9
P CONTRA COSTA CO.,—
Clerk,
O.Clerk, Board of Supervisors
Contra Costa County
651 Pine Street
Martinez , California 94553
Re: Bekins v. Desley, et al .
Claim No. : Unassigned
Dear Sir/Madam:
This office filed a claim on behalf of the Bekins
family on August 20, 1993 . Enclosed for the above-referenced
matter, please find the original and two copies of an
AMENDMENT TO CLAIM (Government Code Section 910. 6) .
Please return one copy to this office with an
indication of its receipt. An envelope is enclosed for your
convenience.
Should you have any questions, please call.
Very truly yours,
LAW OF ICES OF JOHN D. WINE
M. D. Herboldsheimer-Hurwitz
mdhh
Enclosures
1 JOHN D. WINER, ESQ. - No. 091078 RECEIVED
JAMIE P. ROBERSON, ESQ. - No. 161049
2 LAW OFFICES OF JOHN D. WINER
SUITE 3220 -SEP -b 1993
3 50 CALIFORNIA STREET
SAN FRANCISCO,CALIFORNIA 94111
(415) /134-9300 CLERK BOARD OF SUPERVISORS
4 i CONTRA COSTA CO.
Attorneys for Claimants
5 KATE BEKINS; ELYSE ANNE BEKINS
and MILO MCfNTYRE BEKINS
6
7
8 IN THE STATE OF CALIFORNIA
9 BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS
10
11 KATE BEKINS,; individually;
ELYSE ANNE BEKINS, a minor, by
z 12 and through her Guardian Ad
Litem, KATE BEKINS;
MILO McINTYRE BEKINSa
z ,13 AMENDMENT TO CLAIM
minor, by and through his Guardian Govt. Code § 910.6
o 6 14 Ad Litem, KATE BEKINS,
4
7
U
z 15 claimants,
0
16 V.
17 CHRISTOPHER R. DESLEY, M.D. ;
CAPTAIN JOHN !D. HART;
18 RICHARD N. LUCAS, M.D. ;
COUNTY OF CONTRA COSTA;
19 SHERIFF-CORONER WARREN E. RUPF;
and DOES 1 to 50, inclusive,
20 1.
Respondents.
21
22 Upon filing the Claim herein, as presented to the Contra
23 costa County -Board of Supervisors on August 20, 1993, Claimants
24 being ignorant of the true names of all Respondents, and having
25 designated said Respondents in the Claim by fictitious names, to
26 wit, DOE I and DOE 2, and having discovered the true names of
27 said Respondents to be COUNTY OF CONTRA COSTA and SHERIFF-
28
1
1 CORONER WARREN E. RUPF, respectively, hereby amend their Claim
2 by inserting such true names in the place and stead of such
3 fictitious names wherever they appear in said Claim.
4 DATED: September 1, 1993 LAW OFFICES OF JOHN D. WINER
5
By
6 Jamie P. Roberson
Attorneys for Claimants
7 KATE BEKINS, ELYSE ANNE
BEKINS and MILO MCINTYRE
8 BEKINS
9
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DUIL
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNI
COUNTY COUNSEL
Claim Against the County, or District governed by) BOARp1AIVQTNMALIF.
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT SEPTEMBER 21, 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 ciaim 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: BEKINS, Kate; BEKINS, Elyse Anne; & BEKINS, Milo McIntyre
ATTORNEY: Law Offices of
John D. Winer Date received
ADDRESS: 50 California St. , Ste. 3220 BY DELIVERY TO CLERK ON August 20, 1993
San Francisco, CA 94111
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. ppHH BATCHELOR,
DATED: August 24, 1993 B`IIL Clerk
Il. 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: 44 tt,4,f 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
( ) This Claim is rejected in full.
( ) Other:
1 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, 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 warnina See reverse side of this notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that 1 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 by Deputy Clerk
CC: County Counsel County Administrator
LAW OFFICES OF JOHN D. wINE13
SUITE 3220
JOHN D.WIN ER 50 CALIFORNIA STREET
FAX
SAN FRANCISCO,CALIFORNIA 94111 (415) 434-9311
EDWARD C.CASEY, JR.
JAMIE P. ROBERSON (415) 434-9300
August 20, 1993 RECEDVE
F
AUG 201993 �
Clerk of the Board of Supervisors
Contra Costa County CLERK BOARD OF SUPERV
County Administration Building, Room 106 CONTRA COSTACO-
Martinez, California 94553
Re: Claim of Bekins
Dear Clerk:
The purpose of this letter is to serve as a
supplement to the attached Claim of Bekins, to provide
additional information in accordance with Govt. Code § 910
et seq.
1. Name and post office address of claimants.
Kate Bekins, Elyse Anne Bekins, and Milo McIntyre Bekins,
215 Scofield Drive, Moraga, California 94556.
2 . The post office address to which the persons
presenting the claim desires notices to be sent. Law
Offices of John D. Winer, 50 California Street, Suite 3220,
San Francisco, California 94111.
3. The date, place and other circumstances of the
occurrence or transaction which gave rise to the claim
asserted. Described in Claim,. paragraphs 1 and 2 .
4 . A general description of the indebtedness,
obligation, iniury, damage or loss incurred so far as it may
be known at the time of presentation of the claim.
Described in Claim, paragraphs 3 and 6.
5. The name or names of the public employee or
employees causing the injury, damage or loss, if known.
Described in Claim, paragraph 5.
6. The amount claimed if it totals less than ten
thousand dollars ($10,000. 00) . . . Does not apply, as the
amount claimed is estimated to exceed ten thousand dollars
($10, 000 .00) .
Very truly yours,
LAW OFFICES OF JOHN D. WINER
U� /A
Jamie P. Roberson
JPR:kma
cc: client
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
Kate Bekins , Elyse Anne Bekins )
LJ
f b't
and Milo McIntyre Bekins ) k"
Against the County of Contra Costa; , j Fr-CONTRA
UG 2 0 is ,
Christopher 10r Desley, M.D. ,
Capt. John D. Hart, Richard N. t
Lucas , M.D. and DOES 1 ) ARD OF SL�PERVIS ,
Fill in name 2 5 ) COSTA Co.
The undersigned claimant hereby makes claim against the County of Contra C a or
the above-named District in the sum of $ unknown and in support of
this claim represents as follows:
-------------------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
February 21, 1993 . Claimants did not discover Defendants '
error( s) until after the decedent' s death and autopsy.
------------------------------------------------------------------------------------
2. Where did the damage or injury occur? (Include city and county)
Contra Costa County Central Morgue, Martinez , Contra Costa
County; John Muir Hospital, Walnut Creek, Contra Costa County.
--------------------------------------------------------i
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 Attached)
(over)
5. What are the names of county or district officers, servants or employees causing
the damage or injury?
Christopher R. Desley, M.D. ; Richard N. Lucas , M.D. ; Capt.
John C. Hart, and DOES 1 through 25.
------------------------------------------------------------------------------------
6. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
Severe emotional distress to each Claimant, the heirs of
decedent, for the County' s Coroners ' negligence in handling decendents '
------- ear nom.- --------------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.) Psychotherapy expenses in an'
unknown amount. $1, 500 ,000 .00 general damages ( $500,000 .00
for each claimant)
-------------------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
Contra Costa County Central Morgue, Martinez , California
John Muir Hospital, Walnut Creek, California
Christopher R. Desley, M.D.
Richard N. Lucas,- M.D.
-------Gaf ---------------------------------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
February 21, 1993 - present - psychotherapy expenses -
unknown, discovery is continuing.
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 / k
F sr ,s`w
(Claimant's Signature
LAW OFFICES OF JOHN D. WINER
LAW OFFICES OF JOHN D.WINERJamie P. Roberson Esq.
A4.
Suite 3220,50 California Street
San Francisco,California 94111 Address
(415)434.8300 50 California Street, Suite 3220 44c,:,f
San Francisco, California 94111
Telephone No. Telephone No. 415/4 3 4-9 3 0 0
N O T I C E
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or for
payment to any state board or officer, or to any county, city or district board or
officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than one year, by a fine of not exceeding
one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by
both such imprisonment and fine.
Attachment to Bekins Claim
3 . Claimants are informed and believe that Coroner CHRISTOPHER R.
DESLEY, M.D. made an inadequate, inappropriate, negligent and
fraudulent inspection and report of decedent JOHN BEKINS' body and
remains. Coroners DESLEY, LUCAS and HART dictated a false Report
of Autopsy or were grossly negligent in the preparation of said
Report and/or their signatures and ratification thereof.
Additionally, the Coroner's Office is not equipped, operated or
managed in such a way as to properly conduct autopsies.
Defendants, and each of them, failed to make use of the appropriate
electronic equipment which would allow simultaneous dictation of
autopsy during autopsy itself.
As a legal result of the above, decedent's heirs, claimants
herein, have suffered damages and will allege causes of action for
Negligence, Negligent Infliction of Emotional Distress, Intentional
Infliction of Emotional Distress, Fraud, Fraudulent Concealment,
Negligent Misrepresentation and Tortious interference with Bodily
Remains.•
Plaintiffs have suffered extreme and severe emotional
distress, humiliation, mortification and upset as a legal result of
negligence of defendants, and each of them.
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