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HomeMy WebLinkAboutMINUTES - 07191994 - 1.11 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JULY 19, 1994 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT 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: $600,000.00 Section 913 and 915.4. Please note ® 1 " i,ngs" CLAIMANT:WASTE MANAGEMENT, INC. Bald J 11 L 0 6 1994 ATTORNEY:Sanfoi-d M. Skaggs COUNTY COUNSEL Marie A. Cooper Date received MARTINEZCALIF. ADDRESS: MCCutchen, Doyle,Brown & Enersen BY DELIVERY TO CLERK ON July 5, 1994 1331 North California Blvd., 5th Floor P. 0. Box V BY MAIL POSTMARKED: Hand Delivered Walnut Creek, CA 94596 1. FROM: Clerk of the Board of Supervisors ;TO: County Counsel Attached is a copy of the above-noted claim. IVIL DATED: BaII Depuiy OR. Clerk � J Il. FROM: County Counsel TO: Clerk of the Board of Supervisors (V) This claim complies substantially with Sections 910 and 910.2. r ( ) 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 91.0.8). ( ) 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: 19 9 BY: Deputy County Counsel 11I. FROM: Clerk of the Board TO: County Counsel (1) County Adffinistrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARDD 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:_ �I PHIL BATCHELOR, Clerk, By A Q Q ,, , 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 ofyyour 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: BY: PHIL BATCHELOR by Deputy Clerk CC: County COun el County Administrator i SAN FRANCISCO MCCUTCHEN COUNSELORS AT LAW WASHINGTON,D.C. LOS ANGELES 1331 North California Boulevard TAIPEI SAN JOSE DOYLE Post Office Box V BROWN& Walnut Creek,California 94596 AFFILIATED OFFICE WALNUT CREEK ENERSENTelephone: (510)937-8000 BANGKOK Facsimile: (510)975-5390 HAND DELIVERY i 5 � RECEIVE® ter...�r 1 '. `Ire._ Date: July 5, 1994 juL - 51994 ,I,o: VISORS Mr. Phil Batchelor, Administrator CLERK BOARD OF SUPER CONTRA COSTA and Clerk of the Board Attention: Ms. Jeanne Maglio Contra Costa County 650 Pine Street, Room 106 Martinez, CA 94553 Mr. Kenneth J. Corcoran Auditor-Controller County of Contra Costa 625 Court St. Finance Building Martinez, CA 94553 From: Waste Management,Inc. and its wholly owned subsidiary, Waste Management of California, Inc. (collectively "WMI"), by its attorneys, McCutchen, Doyle, Brown&Enersen. Re: CLAIM AGAINST COUNTY OF CONTRA COSTA RESTITUTION OF FEES PAID UNDER VOID LAND USE PERMIT AND RESCINDED FRANCHISE AGREEMENT FOR MARSH CANYON LANDFILL WMI presents this claim pursuant to Government Code sections 900 et seq. CA933020.023/72678-100 07/05/94 02:38 PM July 5, 1994 Page 2 A. Name and Post Office Address of the Claimant. Waste Management, Inc. Attention: Group General Counsel 18500 Von Karman Avenue, Suite 900 Irvine, CA 92715 Waste Management, Inc., an Illinois corporation, was formerly known as Waste Management of North America, Inc., and was the original project applicant for the Marsh Canyon Landfill. Waste Management of California, Inc. is a wholly owned subsidiary of Waste Management, Inc. B. The Post Office Address to which the Person Presenting the Claim Desires Notices to be Sent. Sanford M. Skaggs Marie A. Cooper McCutchen, Doyle, Brown& Enersen 1331 North California Blvd., 5th Floor P. O. Box V Walnut Creek, CA 94596 Telephone (510) 937-8000 Facsimile (510) 975-5390 C. The Date, Place and Other Circumstances of the Occurrence or Transaction which Gave Rise to the Claim Asserted. As explained more fully below,WMI paid fees to the County of Contra Costa pursuant to a condition of approval of the land use permit for the Marsh Canyon landfill, and pursuant to a franchise agreement between Waste Management of California, Inc. and the County. The court later held that the permit was void because the County had not fulfilled its obligations under CEQA. The parties subsequently rescinded the franchise agreement. The County is obligated to return the fees to WMI, with interest at the legal rate. 1. Resource Recovery Program Fee Condition. The County approved a land use permit for Marsh Canyon on March 20, 1990. Condition 36.4 provided: Resource Recovery Program Fee. The Landfill developer or operator shall pay to the County of Contra Costa a resource recovery program fee of$200,000 annually, beginning April 1, 1990. The developer or operator shall deposit the monies in a segregated account established by the County. The extent of the CA933020.023 July 5, 1994 Page 3 fee shall be subject to reconsideration when a franchise agreement is established for the Landfill. The resource recovery program fee from its inception shall be a pass-through business cost for the purposes of rate setting. The purpose of this condition, according to Supervisor Torlakson when he introduced it, was to lengthen the life of the landfill and manage its land use better by promoting more recycling. In Sierra Club v. County of Contra Costa,the Superior Court declared the Marsh Canyon land use permit void because of the County's failure to comply with CEQA. On August 7, 1992, the court entered a judgment and issued its writ commanding the County to vacate and set aside its decision of February 13, 1990 certifying the final EIR for Marsh Canyon, and to vacate and set aside its decision of March 20, 1990 approving the Marsh Canyon landfill use permit. This judgment became final when the Court of Appeals issued its remittitur on July 7, 1993. 2. Franchise Agreement. The conditions of approval of the land use permit are subordinate to the terms of the franchise agreement between the County and WMI dated December 4, 1990. Under its terms, the land use permit did not become operative until the Board approved the franchise agreement. The Resource Recovery Program Fee was encompassed within the scope of the franchise agreement. After lengthy litigation,the court found that the County had not complied with CEQA and ordered it to vacate the land use permit. This judgment became final when the parties settled and the County and WMI abandoned their appeals and rescinded the franchise agreement. D. General Description of the Indebtedness, Obligation, Injury Damage or Loss. The land use permit was judged void by the court. The land use permit is void also because the parties rescinded the franchise agreement, and the land use permit is not operative without the franchise agreement. The County is obligated to refund the fees because a void permit cannot be given effect. Also, WMI is entitled to restitution of the fee because the County and Waste Management rescinded the franchise agreement. Moreover, the purpose of the Resource Recovery Program Fee cannot be accomplished, and the consideration for the franchise agreement has failed. The County would be unjustly enriched were it to retain the fees. From the filing of the proceeding entitled Sierra Club v. Contra Costa County, the County was on notice that the land use permit was being challenged and that the petitioners were seeking a determination that the permit was void and a writ commanding the County to set aside its decision granting the permit. Condition 36.4 of the permit required the County to maintain the fee payments in a segregated account. Accordingly, it is equitable for the County to return the fee to WMI. CA933020.023 July 5, 1994 Page 4 E. Names of the Public Employees Causing The Injury. The employees responsible are those who performed and supervised preparation and certification of the EIR for the Marsh Canyon Landfill, and those who authorized and acted to rescind the franchise agreement. The CEQA documentation that the court held was improperly performed was ultimately approved by the Board of Supervisors. Likewise,the decision to rescind the franchise agreement was approved by the Board of Supervisors. The number of other people involved is extensive, and the names are better known to the County than to WMI. F. Amount Claimed. The amount claimed is $600,000. Jurisdiction will rest in the Superior Court. DATED: July 5, 1994. McCUTCHEN,DOYLE,BROWN &ENERSEN By: _2Jg4nk—eZ Sanford M. Sk Attorne s for Waste Management, Inc. CA933020.023 July 5, 1994 Page 5 PROOF OF SERVICE ON PARTY BY PERSONAL DELIVERY (CCP 1011) I am a citizen of the United States, over 18 years of age, and not a party to this action. On July 5, 1994, I personally delivered a copy of the foregoing memorandum re CLAIM AGAINST COUNTY OF CONTRA_ COSTA; RESTITUTION OF FEES PAID UNDER VOID LAND USE PERMIT AND RESCINDED FRANCHISE AGREEMENT FOR MARSH CANYON LANDFILL. I served copies of the document by delivering it to the following addresses between the hours of 8:00 in the morning and 6:00 in the evening, and leaving it with some person of not less than 18 years of age: Ms. Jeanne Maglio Mr.Kenneth J. Corcoran Office of Administrator Auditor-Controller and Clerk of the Board County of Contra Costa Contra Costa County 625 Court St. 650 Pine Street, Room 106 Finance Building Martinez, CA 94553 Martinez, CA 94553 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on July 5, 1994. [Print Name of Person Making Hand Delivery] CA933020.023 r CLAIM BOARD OF SUPERVISORS OF .CONTRA COSTA COUNTY, CALIFORNIA JULY 19, 1994 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) ; NOTICE TO CLAIMANT and Board Action. All Section references are to Thel,copy of this document mailed to you is your notice of California Government Codes. 1 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 a "Y CLAIMANT: MAJHOR, Vicki Ricarda J U L 0 6 9994 ATTORNEY: C. Timothy Genovese; Esq. COUNTY COUNSEL MARTINEZCALIF. Law Firm of Hughes & Associates Date received . ADDRESS: Fdwall-Hughes Bldg. BY DELIVERY TO CLERK ON July 5, 1994 4471 Stonridge.Dr.,m te. B Pleasanton, CA 94588 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. ppH gg DATED: a ll DeputyLOR, Clerk N4 . 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( P'( 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: �`� o / 9 j q 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 (✓'f This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. n Dated: ,— PHIL BATCHELOR. Clerk, By--21144 _ l=a-1A , 0_1�_ � Deputy Clerk YARNING (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: BY: PHIL BATCHELOR by ,� 0.. Deputy Clerk CC: County Counsel County Administrator 1 Ralph D. Hughes, Esq. (State Bar No. 111641) C. Timothy Genovese, Esq. (State Bar No. 136185) 2 LAW FIRM OF HUGHES & ASSOCIATES Edwall-Hughes Bldg. b_,l RECEIVED 3 4471 Stoneridge Drive, Suite B }• � Pleasanton, California 94588 4 Telephone: (510) 426-9200 r - 5 1994 Facsimile: (510) 426-9215 5 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. 6 Attorneys for Plaintiff M 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA 9 10 VICKI RICARDA MAJHOR, ) CASE NO: 11 ) CLAIM AGAINST PUBLIC Plaintiff, ) ENTITY 12 ) [GOV. CODE, §§ 905, 905.2, V. ) 910, 9910.2] 13 ) CONTRA COSTA COUNTY, ) 14 ) Defendant. ) 15 ) 16 TO: CONTRA COSTA COUNTY: 17 The Claimant, VICKI RICARDA MAJHOR [hereafter "Claimant"] , hereby 18 makes claim against CONTRA COSTA COUNTY for the sum of $1,000,000.00 19 and makes the following statement in support of the claim: 20 1. Claimant's post office address is 32 Winslow Place, San 21 Ramon, California 94583 . 22 2. Notices concerning the claim should be sent to the Law Firm 23 of Hughes & Associates, 4471 Stoneridge Drive, Suite B, Pleasanton, 24 California 94588. 25 3 . The date and place of the occurrence given rise to this claim 26 are January 7, 1994, and continuing thereafter, in Contra Costa County. 27 4. The circumstances given rise to this claim are as follows: 28 Since January 7, 1994, and continuing thereafter, the CONTRA COSTA 1 1 COUNTY SHERIFF'S DEPARTMENT has knowingly created false claims against 2 the Claimant and has caused a criminal complaint to be filed against 3 the Claimant on March 22, 1994, knowing that there existed no facts 4 whatsoever to support said criminal complaint. As a result of this 5 conduct, Claimant was required to and did incur legal fees in defense 6 of the false claims mentioned above and the completely unwarranted 7 criminal complaint. 8 5. Claimant's injuries are emotional and physical pain and 9 suffering, shock to her nervous system, and attorney's fees and costs 10 incurred in the defense of the fraudulent claims mentioned above. 11 6. The public employees causing Claimant's. injuries are 12 including, but not limited, to the following individuals: 13 1. Deputy K. Ryan; 14 2 . Deputy I. Thomas; 15 3 . Deputy A. Zaro; 16 4. Deputy Cox; 17 5. Sergeant Abbey. 18 Dated: July 5 , 1994 LAW FIRM OF HUGHES & ASSOCIATES 19 9 20 C. T X GENOVESE, ESQ. 21 Att ys for Plaintiff 22 23 24 25 26 27 28 2 CLAIM ' ( ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JULY 19, 1994 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT 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: $150,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: HM0LD, Betty and SHERWOOD, Kendra ATTORNEY: Leslie R. Karlstrou-Krebs J U L o ' 1994 Law Offices of Karlstrom & Krebs Date received COUNTY COUNSEL ADDRESS: 1970 Holmes St., Bldg. F BY DELIVERY TO CLERK ON July 1. 1994 MARTINEZ CALIF. Livermore, CA 94550-6016 BY MAIL POSTMARKED: Jame 30, 1994 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: iq'L 6eputy OR, Clerk 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ! This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( V Other �_�•S -�µI /�t�s -'^'-�- iz.� a..�.�p ��.,c_.__ Dated: "- ' BY: L - 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: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. n Dated:�� I9 \G9� PHIL BATCHELOR. Clerk, By l' �, , Q0 . , 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: �,- BY: PHIL BATCHELOR by \J J_ Deputy Clerk CC: County Counsel County Administrator Ov ul p,00 O QA < f W r 37 Z mow" r � 1 Claim U: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ' INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury --o person or to per- sonal property or growing crops and which accrue on or before Deeember .31, 1987, must be presented not later than the 100th day after the accrual of the ,oause �of action. Claims relating to causes of aotion 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 not 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 olaim 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 Seo. 72 at the end of this 3o— f • * • es • e • �► e • er +we • * sre • e • • ee • e * see • ee' se • • * # e M. RE: Claim By ) Reserved for Clerk's filing stamp HAROLD, BETTY and ) RECEIVE® KENDRA SHERWOOD Against the County .of Mn-tra osta ) JUL.- 1 or ) CLERK BOAF3p OF SUPERVISORS District) ONTR ,COSTA CO. (Filln name ) " The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 150,000 , f' and in support of this claim represents as followss - 1. When did the damage or injury occur? (Give exact date and hour) January 6, 1994 at approximately 10:00 a.m. -----------a-N--NM SYN-YN- 2. . Where did the damage or injury occur? (Include oity .and county) California High School , San Ramon, CA 3. How did the damage or injury occur? (Give full detailel use extra paper if required) Kendra Sherwood, a student at California High School, was physically assaulted by a person who was not a student or employee at the school,. This individual was negligently allowed on campus in violation of the clos.ed .eampus policy. �N-SjNN-----�-�------�--NNM-N-N-NN-N---N--N�NN-SYN-N-M----N-MM 4. . what particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Negligence in allowing a non-student on .school campus . (over) 5. What are the names of county or district officers, servants or employees causing the damage or- injury? Public officials, names unknown at this time. 6. What damage or injuries do you claim resulted? (Give' full extent?•of1nj4ries or . damages claimed. Attach two estimates for auto damage. Severe physical and emotional and psychiatric damages, including physical damage: to ; Kendra !a� �brain. 7. How was the amount claimed above computed? (Include the estimated amount. of-any prospective injury or damage.) Medical bills, ongoing, already exceed $4,000 .00. Kendra has ongoing emotional and medical problems which may cause -:permanent injuries. 8. Names and addresses- of witnesses, doctors and hospitals. See attached 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 1-6-94 - current Medical/psychiatric $4,000. 00 +, ongoing � 11 IF � • IF M � • M N U ! IF � N * * •-N�� • � • * • M � � � • M M N � • � N • � • M t Gov., Code See. 910.2 provides: "ThW claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some Person on his behalf." Name and Address, of Attorney Leslie R. Karlstrom-Krebs LAW OFFICES OF KARLSTROM & KREBS (Claimant's Signa ure 1970 Holmes St. , Bldg F Attorney for Claimant( s) Livermore, CA 94550-6016 (AdFess) Telephone No. (510 ) 449-9093 Telephone No. sser • • Is a a a 0 a 0rrerrresa Is a IF Is IF a a a a Iee * NOTICE Section 72 of the Penal Code provides: "Eve person with intent to defraud "Every per , , Presents for allowance or for, payment to any state board or officer, or to any county, city or district board or offioer, 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 exgeeding, . one thousand ($11000), or by,both such. imprisonment and„fine, .:or.,by,imprieonment.rin the state prison, by a fine of not exceeding ten thousand dollars both such imprisonment and fine. Attachment #8 witnesses : Robert Sloan, Teacher at California High School, San Ramon, CA Sean McElroy, Vice-Principal at California High School, San Ramon Gwen Minor, Secretary at California High School, San Ramon Michele Kincaid, Student at California High School, San Ramon Medical Personnel : John Muir Medical Ctr, 1601 Ygnacio Valley Rd, Walnut Creek, CA Assoc Neurology Med Group, 5401 Norris Cyn Rd, Ste 306, San Ramon Dr. Patricia Ditton, 2324 Santa Rita Rd,-. Ste 10,, P1_easanton, `CA Dr. John Roberts, 4165 Blackhawk Plaza Cir, Ste 100, Danville, CA San Ramon Regional Med Ctr, San Ramon, CA PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA', COUNTY OF ALAMEDA I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years and not a party to the within entitled action; my business address is 1970 Holmes Street, Livermore, California 94550 . On June 30, 1994, I served the within BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT on each Party individually in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Livermore, California, addressed as follows : Board of Supervisors Clerk of the Board 651 Pine Street, Room 106 Martinez, CA 94553 I declare, under penalty of perjury, that the foregoing is true and correct . Executed on June 30, 1994 at Livermore, California, 94550 . Linda McDonald Secretary to Karlstrom & Krebs 070 -q� J Jwwt, �`510J 4,eg J(!g3 ��� u�st.om* ✓ldirriftea/lo-�i"actice uL 9E-1 et/L ME 9r,-C& �"� 'yiicr Bc �isfricb ofG'o�unz/ri� DATE : June 30, 1994 For your information and file TO: Pursuant to your request Board of Supervisors For your review, signature Clerk of the Board and return to this office 651 Pine St . , Room 106 Martinez, CA 94553 Please telephone me after reviewing the enclosed RE: Please file the original (s) ; conform and return each copy in the enclosed envelope CLAIM Please record the original (s) ; conform and return each copy in the enclosed envelope Enclosed is our check for For your review and payment ENCLOSURE: Lear Clerk: Please find enclosed Claim against the County of Contra Costa and Proof of Service of same for your information and file. Very truly yours, Linda McDonald 'Secretary to Karlstrom & Krebs - : 1, _ A :�. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JULY 19, 1994 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT 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: $341.39 Con" �Section 913 and 915.4. Please note all "Warnings". CLAIMANT: VOINOT, Andrea R;L 0 1 1994 ATTORNEY: COUNTY COUNSEL MARTINEZCALIF. Date received ADDRESS: 1034 Lassen St. BY DELIVERY TO CLERK ON June 30, 1994 Richmond, CA 94805 BY MAIL POSTMARKED: June 29, 1994 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QH DATED: 81IL BeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board.of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying I 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— ( 1 9 BY: �: Deputy County Counsel OL 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. BOARDORDER: 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 . p,,o Q �, ). . Deputy Clerk 4- WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or Aieposited 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. *Far 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: BY: PHIL BATCHELOR by�L. \ Deputy Clerk CC: County Co sel County Administrator 4 • cr Ul c'o w Co 0 cr aG- . I 0=a 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 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.S6pervisors, 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 Cler ' g stamp _May'ea VD I heft RF-C 103 La55eh Sf; Ri'dAmond, CA q`I go5 ) JUN 3 qA4 Against the County of Contra Costa ) or ) S PF IgORS CLERK Ag C OS A CO District) Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or, the above-named District in the sum of $ 3�} 1 3q _ and in support,Of! this claim represents as follows: 1. When 'did the damage or injury occur? ,-(Give exact date and hour) Thursda Svne i i �- l 2. Where did the damage or injury occur? (Include city and county) kvv� 4o minei, nor-'h. near El Cerro 3. How did the damage or injury occur? (Give full details; use extra paper if required) Arotk -flnv atf of-fhe bed efA Conga Cosmo fruc��#��4�)Lh�Ni►'�my wir�sh�eld d �raCKi►� ;�. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage?. Fps I l Ur'0V CN-Ain in )0am. �. wnat are the names o1' county or district officers, servants or employees causing the da-.._ge or injury? Coarra Cosfa Cou v f-j ------------------------------------------------------------------------------------ 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. VUi ndojeld was darm.AIM M �rl' VM IlAk I- 4V-K�fffe, wiII ►geed ID. kx K(PM Pd. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) It was I�Lt 10w641 of -t 4 -two e, ma cs -------------------------------------------- - ------ ------------ _ $. Names and addresses of witnesses, doctors and hospitals. -------------------------—_____9. List List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 14 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 v Lnof Claimant's Signature (Address) Telephone No. f Telephone No. 0) NO 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 imprisonirjent and fine. __�• Remit To: W 1210 W. WINTON AVE. Contractor No. 592842 HAYWARD, CA 94545 Bar No. AB152008 A%LSa CO. INC. AUTO • HOMES • STORES TEL: 1-800-233-9443 QUot L- . M I SC ' m ® .' . s • 06-20-94 d]l U C3-r FE= CUSTOMER STATE TAX OR EXEMPT NO. CUSTOMER FEDERAL TAX 1.0,NO. ADV.CODE SALESMAN I.D. ORDER TAKEN BY INSTALLED BY FEDERAL TAX I.D.NO. 94-3111833 BILL TO: SOLD TO: A. VOINOT 1+ 34 LASSEN STREET RICHMOND CA 94805 Wk - INSURANCE PROOFOF • INSURANCE CO. POLICY NO. INSURANCE CO. CLAIM NO. PHONE NO, POLICY NAME CAUSE& LOSS LOCATION AGENT NAME VERIFIED BY AGENT PHONE DATE OF LOSS DEDUCTIBLE VEHICLE • ' . • Subaru Legacy 199 1 ... m s Qty Part # Color Kit Labor List Sell Net 1 EW629 Green/Blue 0. 00-1U W/Dam 3. 5 Hr, 45. 00 740. 00 273. 80 318. 80 MM AUTHORIZATION TO PAY I hereby authorize and empower the above-named insurance company to pay this invoice in full settlement, satisfaction and discharge of all loss under the above policy. Upon such payment. all rights I may have for claim and demand for loss and damage described above against the above named insurance company shall be thereby "a' ubt of a 1 318. 80 forever discharged. In the event that the above named insurance company does not make timely and/or full c payment of this invoice according to its terms, I hereby accept responsibility for such payment and agree to pay all 8. 25% Tax 22"° 19 charges reflected on this invoice to the above named glass company subject to and according to all terms and conditions on this invoice. TERMS e . Cash 341. 39 TERMS:NET 30 DAYS,SERVICE CHARGE OF 11/z%PER MONTH(18%PER ANNUM)WILL BE CHARGED ON OVERDUE ACCOUNTS. �' ■ 0111111AAPEEDY AWIIIIIAZI OLASS pSP SPEEDY PAIT O MASS 2412 BROADWAY at SPEEDY we care CMIRF?�71I �I?LIKE S9EE467 1 i� ti37ie s 0" 4SC�'- TATE SAALEES TAX #0-452-2814 9684 Ea VA C3 A. � accouN r; AGENT. ORDERaSE %uT �, -- - I T'1= NOi, NO. ORDERNO. CUSTOMER STATE TAX OR EXEMPT N0. CUSTOMER FEDERAL TAX I.D.N0. SOURCE SALESMAN I.D. ORDER TAKEN BY INSTALLED BY FEDERAL TAX I.D.NO. 10 91-1270511 BILL TO: SOLD TO: ANDREA VOI NOT 1034 LASSEN STREET RICHMOND Cts 94805 PROOFINSURANCE . INSURANCE CO. POLICY NO. INSURANCE CO. PHONE NO. CLAIM NO'. CAUSE& POLICY NAME LOSS LOCATION AGENT NAME VERIFIED BY AGENT PHONE DATE OF LOSS DEDUCTIBLE 0- 010 VEHICLE INFORMATION NAME �a-ubar u MODEL 1.egacy YEAR x'391 DO(1R5 � cr ET ER L[GENSE t!EHICLE G_i' NO My Part # Color Kit Labor List Sall Net 1 FW629 Green/Dlue 9. 95 1U W/Dam 3. 5 Hr 45. 00 740. 00 296. 00 350. 95 •�••�•x•al:•-��a��•�•ac�•�••�•�oaf•�E�•x•a��•�••��•i�•-s��•�a�•�•�•�•as'•�•��•�t•••�•tt••�•.�••>�••�•ra••aa•�••�••�••f�•�••�•�•��s•�•���••a�•�•r'r•r��•Ix•�a•a��•a��••���••� T H I S 1 S N 0' 'T A R .E C E;. S P T. D 0 N 0 T P A Y. yE•#"r�R•a2•�••�•;f#^•�••TE••1�3f�•�•9E•-IYF 4$•ii••�•g•at•af•�r.•3d•#•#•�••rY•���#96 iE••#••H•�••t&•94•-0t••Yr•I�•#�F•�•Yc`i(•if 1t••Dk•R 3F•3r•�••tFiF•tt••iF:F�•##ae•lE••)t••k•##�•tE•#•# WORK AUTHORIZATION I hereby authorize the above work to be done together with the necessary material, but request that you contact me if the cost of the services exceed the amount reflected on this invoice. • STATE OF WINDSHIELD ❑ NOT REPAIRABLE/REPLACEMENT NEiCESSARY ❑ REPAIR TRIED AND REFUSED BY: ❑ DAMAGE IN CRITICAL SIGHT AREA ❑ OWNER ❑ THE REPAIRMAN ❑ REPAIRABLE= REFUSED BY OWNER AUTHORIZATION TO PAY I hereby authorize and empower the above-named insurance company to pay,this invoice in full 00 settlement,satisfaction and discharge of all loss under the above policy. Upon such payment,all rights I' may have for claim and demand forloss and damage described above against the above named insurance company shall be thereby forever discharged. In the event that the above named insurance. Subt ata Z 350. 95 company does not make timely and/or full payment of this invoice according to its terms, I hereby accept 8. 25%�25% c�K ''J-5 224 responsibility for such payment and agree to pay all charges reflected on this invoice to Speedy Auto ` Glass subject to and according to all terms and conditions on the reverse side of this invoice. TERMS IR �-PCassa TERMS: NET 30 DAYS,SERVICECHARGE OF 1 h%FER MONTH(18%PER ANNUM)WILL BE CHARGED ON OVERDUE,ACCOUNTS. 3'76. 19 • - "a- TRANSACTION IS SUBJECT TO TERMS AND CONDITIONS ON REVERSE SIDE C3 June 26, 1994 The Clerk Of The Board of Supervisors Room 106 County Administration Building 651 Pine Street Martinez, CA 94553 To The Clerk of the Board of Supervisors: Enclosed,please find a claim form and one copy. I would appreciate it if you would file the claim and send back the copy as a receipt. I have enclosed a self- addressed stamped return envelope. Thank you for your help. Sincerely yours, A+OUIKO--'' �Y oC? Andrea Voinot CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JULY 19, 1994 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT 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: Unlmomm Section 913 and 915.4. Please note all "Warnings". CLAIMANT: GILBERT, Wendy ATTORNEY: Vaughn E. Spnmaugle �J U L 0 1 1994 NJ Attorney at Law. Date received COUNTY COUNSEL ADDRESS: 4980 Appian Way, Ste. 200 BY DELIVERY TO CLERK ON July 1, 1994WARTINEZCALIF. E1 Sobrante, CA 94503 BY MALL POSTMARKED: June 30, 1994 Certified Mail 1. FROM: Clerk of the Board of Supervisors CTO: County Counsel Attached is a copy of the above-noted claim. QH6 DATED: CgIL Deputy OR, Clerk 0Q� ) ll. 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 I 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: �► �� y BY; �� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. ( ) Other: 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: - 1 cPHIL BATCHELOR, Clerk, By 0 0.'. 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 T 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. pp nn \ Dated: a BY: PHIL BATCHELOR by �1, , ,Q,�(Q"� ) _Deputy Clerk CL: County Counsel County Administrator +� C a r � Zz ma moo � m 1 ^�• � rn bd n to 0 F-, e." QJ rt FiFl- Fi n a h4. } Vl Vl rt � .. ti•i > (D (D ru tD Ft J�J' Ln t^� P. �' C Ln n w a cn �r ru ohns Hopkins Q, a a i d i D I VAUGHN E. SPUNAUGLE, ESQ. (CSB# 92336) AW OFFICES OF VAUGHN E. SPUNAUGLE 2 980 APPIAN WAY, SUITE 200 FCO7NT�IACOSTA L SOBRANTE, CA 94803 3 (510) 262-0878 4 5 CO.] ttorney for Claimant 6 ENDY GILBERT 7 8 CLAIM AGAINST CONTRA COSTA COUNTY 9 10 11 1 . Name and address of claimant: Wendy Gilbert, 3430 San Pablo Dam Road, #32 , El Sobrante, California 94803. 12 2. Send all notices to: Vaughn E. Spunaugle, Attorney at Law, 13 4980 Appian Way, Suite 200, El Sobrante, California 94803 14 3. Date of occurrence: 4-21 -94 15 Place of occurrence: Southwest corner of Loring Avenue and West Street in Crocket, California. 16 4 . Circumstances of occurrence: Contra Costa County so 17 negligently maintained, constructed, designed and controlled the storm drain and adjoining pavement at the Southwest corner 18 of the intersection of Loring Avenue and West Street in the town of Crocket so as to cause the claimant to slip and fall. 19 5. General description of injuries: Claimant suffered a broken 20 left hand as well as bruises, contusions and other soft tissue injuries. 21 6 . Amount of claim: Jurisdiction rests in Superior Court. 22 Dated: 23 Vaugh41 E. S augle 24 Attorney for Claimant 25 26 27 28 1 2 3 PROOF OF SERVICE BY MAIL / CCP §§ 1013A, 2015.5 4 Lisa Marie Littler declares: 5 I am over age 18, not a party to this action, and am 6 employed in Contra Costa County at 4980 Appian Way, Suite 200 7 El Sobrante, CA 94803 On June 29 , 1994 , I deposited in the 8 United States mail in E1 Sobrante, California a copy of the 9 attached CLAIM AGAINST CONTRA COSTA COUNTY, in a sealed 10 envelope, with postage fully prepaid, addressed to: 11 12 Clerk 13 Board of Supervisors 651 Pine Street, Room 106 14 Martinez , CA 94553 15 I declare under penalty of perjury under the laws of the State 16 of California that the foregoing is• true and correct . 17 18 Date: June 29, 1994 19 20 21 22 Lisa Ma Littler 23 24 25 26 27 28 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JULY 19, 1994 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT 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: Unknownjcti;oVn719.•13 and 915.4. Please note all "Warnings". Wa CLAIMANT: PAS7RAN, Aleyda. Georgina JUL. U L. o 1 19% �1J ATTORNEY: Paul Grossman COUNTY COUNSEL, "ARTIMeC-4atived ADDRESS: 9777 Wilshire Blvd., Ste. 1004 BY DELIVERY TO CLERK ON July 1, 1994 Beverly Hills, CA 90212 BY MAIL POSTMARKED: 6/29/94 Hand Delivered via Risk Mgmt. Certified Mail 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Bapp gg \ DATED: JI DeputyLOR, Clerk O �� 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (� This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: l 9 9y BY: 6 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 ( vf 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: \9-114 PHIL BATCHELOR, Clerk, By yd , , (y„a ,DQ _ , 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 Aeposited 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: BY: PHIL BATCHELOR by Q Deputy Clerk CC: County Counsel County Administrator l n Irt _ ®-q gkugvq o o W As .� Q r"t rn Ln N CA 04 p � Q 0 - t N O N O w O a . 'd P. GROSSMAN A PROFESSIONAL LAW CORPORATION 9777 VALSHIRE BOULEVARD 150 EXECUTIVE PARK BLVD. SUITE 1004 SUITE 2500 BEVERLY HILLS,CALIFORNIA 90212 SAN FRANCISCO,CALIFORNIA 94134 (310)281-2525 (415)468-4150 FAX(310)281-6416 FAX(415)46M531 Mail correspondence to Beverly Hills Office June 22,1994 CERTIFIED MAIL WITH RETURN CARD REQUESTED AC Transit Alameda-Contra Costa Transit District 1600 Franklin Street Oakland, CA 94612 County of Alameda Clerk,Board of Supervisors fpA.... RECEIVED 7' 1221 Oak Street, 5th Floor Oakland, CA 94612 JUL _104 County of Contra Costa CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Risk Management 651 Pine Street, 6th Floor Martinez, CA 94553 CLAIM AGAINST PUBLIC ENTITY In the matter of the Claim of Aleyda Georgina Pastran, Claimant, V. The Alameda-Contra Costa Transit District (also known as the AC Transit), The County of Alameda, the County of Contra-Costa, and Does I through 20, inclusive, Respondents. The undersigned hereby makes a claim against the Alameda-Contra Costa Transit District (also known as the AC Transit), the County of Alameda, the County of Contra-Costa, and Does 1 through 20,inclusive, in the behalf of Aleyda Georgina Pastran, in an amount within the jurisdiction of the Superior Court, for pain and suffering and serious emotional distress. P. Grossman A Professional Law Corporation hereby presents this claim to the above-named respondents, and Does 1 through 20, inclusive, pursuant to Section 910 of the California Government Code on behalf Aleyda Georgina Pastran. 1. The Claimant, Aleyda Georgina Pastran resides at 34077 Paseo Poche Parkway, Fresno, CA 94555. 2. P. Grossman is a Professional Law Corporation with offices at 9777 Wilshire Boulevard, Suite 1004, Beverly Hills, California 90212 (213) 281-2525, and requests that"subsequent notices of this claim be sent to this office. 3. On April 7,1994, claimant was a passenger of an AC Transit Bus, owned, maintained and operated by the albove-named respondents,and Does 1 through 20. As a direct and proximate result of the negligence of the respondents, their agents and/or representative, and Does 1 through 20, in operating, maintaining and supervising the public utility vehicle, our client sustained injruies and damages. 4. Claimant sustained the following injuries: Claimant sustained injuries to her entire body but more particularly to her neck and back. Claimant would not have been injured but for the negligence of the respondents' and/or their agent or employee. Claimant is NOT in any way contributorily liable for her injuries and damages. 5. As a direct and proximate result of the negligence of the respondents and/or their agent or employee in causing the collision, the claimant was gravely injured. Such negligence is the direct and proximate cause of the injuries to the claimant herein and the respondents are liable to claimant therefor. 6. So far as it is known to counsel for claimant, at the date of the filing of this claim, Mary Aleyda Georgina Pastran is incurring damages in an undetermined amount, because she is currently treating with a physician and physical therapist and other medical practitioners for the injuries to her person. Said amounts to be determined and presented upon completion of such treatment. Pain, suffering and emotional distress are constant and continuing and a claim for an amount within the jurisdiction of the Superior Court is being made therefor. Respectfully Submitted: P. GROSSMAN A PROFESSIONAL LAW CORPORATION By PAUL GROSSMAN Attorney for Claimant PG/ipm -.