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Home My WebLink AboutMINUTES - 07261994 - 1.23 /, 93 CLAIM - - BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JULY 26, 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: Unlmown Section 913 and 915.4. as aj 9j }'�.Na'�`p19)ngs". A I MANT: GARDNER Brenda Joyce �+ Ls CL 0 8 1994 ATTO;NEY: COUNTY COUNSEL. Date received MARTINEZCALIF. ADDRESS: 147-4th Street BY DELIVERY TO CLERK ON July 7, 1994 Richmond, CA 94801 BY MAIL POSTMARKED: Band Delivered via• Risk ftnt. 1. FROM: Clerk of the Board of Supervisors 10: County Counsel Attached is a copy of the above-noted claim. QH gg n DATED: IF B1TL DeputyLOR, Clerk I1. FRDMM- County Counsel TO: Clerk of the Board of Supervisors ( Y) 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: u l g 9y B� : 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. p Dated:� ,�r� 19q PHIL BATCHELOR, Clerk, By - l'�, 4 .. r, , 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 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, talifornia, 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 b ti y , , ��,,�Qj),a) Deputy Clerk CC: County Counsel County Administrator .., - ... r ` '//////►/�)� N i �' ,V x(1''1 1 � �..� Clam: to. BOARD OF 'IRMERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claimz 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)na-n A �LC6&i-2D ) RECEIVE® Against the County of Contra Costa ) or ) JUL - 71994 CIO a Vistric CLERK BOARD OF SUPERVISORS Fill in name ) CONTflA COSTA CO. The undersigned claimant hereby makes clai �8��t the County of Contra Costa or the above-named District in the sum of $ / �=��.® and in support of this claim represents as follows: 1. When did the damage injur occur? (Give exact date and hour) 2. Where e damage or injury occur? (Include city and county) zfto&10 - 0,� .,i, 3. How did the damage or injury occur? (Give full details; use extra paper if required) ---------- ---------- ------------------------.. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage D. wnat are the na.-,,--s of county or district officers, servants or employees causing the damage or injury? ------------------------ 6. ---------------5. What damage or injuries 'do you claim resulted? ( ive full extent of injuries or damages claimed. Attach two estimates for auto damage. C,�61. al ------------------------ -----------_ ---------- ------ 7. How was the amount el imed above computed? (Include the estimated amount of any prospective injury or damage.) 3. Names and addresses of witnesses, doctors and hospitals. kt,d-11( �' D 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910:2 provides- "Thee t be signed by th Jaimant SEND NOTICES TO: (Attorne ) or b me rs n on his behalf y� N 1 d Address of Attorne Y1 ZU A PtJxAe-� 4 1- - es � is Si t Ad ess ki. Te�ephone No. Te ephone No -7 4 OTIC ' t Section 72 of the Penal Code provides: "Every person who, with intent to defrau , pA.ntO;lowanc�, br f r 'V payment to any state board or officer, or to any county, cit . 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 imprisonrent and fine. Dery +� rio� 5�OA LOY- rIl 04f Uk 571 Iq Ao Ct o rl Caws'-o Eck ju 44 6-S"* s rn ti 's -f.-a rt cu=e �� . • ILA �`"� ° �w^� '1 n w�° �s Nrr oNCAV ro �� `•� h"�kad � Asn- `Oj�� • 'kis wt �U'i` �'"`z' �N 1 S � -th . f, bs-t-1 pk CALate- �� ( �� 4A6 gam? Al j,-t�� ✓-� Lc�vwt �o� �5e 0 S, 1 AJC -s-��_ -ham Pea- 63 � r • � ivd . �Y�� .lex �c.�-�'�-s ��,g-u-e� CLAIM � • a`3 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JULY 269 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: $10,000.00 + Section 913 and 915.4. P ase tevall 0 ar,pings". CLAIMANT- "' • PE[JA Jaime 1 U L 0 8 1994 ATTOnNEY: COUNTY COUNSEL Date received MARTINEZCALIF. ADDRESS: 345 E. Main Street, Suite 501 BY DELIVERY TO CLERK ON July 7, 1994 Stockton, CA 95202-2902 BY MAIL POSTMARKED: July 6, 1994 Certified Mail 1. FROM: Clerk of the Board of Supervisors ,TO: County Counsel Attached is a copy of the /above-noted claim. pH g DATED: p,L�.,_ I R9 Y BYIL Deputy OR' 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: _ (� 9 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. BOARDORDER: By unanimous vote of the Supervisors present ( If 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 PHIL BATCHELOR, Clerk, By �a_„ 4 d . 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 9eposited 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: zL o _ BY: PHIL BATCHELOR by—%'L a Q _Oeputy Clerk CC: County Counsel County Administrator 44 444. &'444444,Y5 rtl 0 ar� �'R N Q 00 U o " U U a in ON %�b Qrri y U IS: njcr 4► 'C Tr In C' � a a W a. 0 H ,1 Q ry I Jaime Pena 345 E. Main Street, Suite 501 2 Stockton, California 95202-2902 Phone: (209) 464-7700 3 (800) 464-7362 (800) 301-1341 fix,: RECEIVED FAX (209) 464-7706 : Claimant 5 [J:UL - 71994 6 CLERK BOARD OF SUPERVISORS COnsz;x;=,COS A CO. 8 Claim of Jaime Pena, ) CLAIM FOR PERSONAL INJURIES AGAINST THE 9 Claimant, ) COUNTY OF CONTRA COSTA [A Political Entity Created by the 10 vs. ) State of California] 11 County of Contra Costa, ) 12 Respondent. ) 13 ) 14 15 TO THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, 16 YOU ARE HEREBY NOTIFIED THAT: 17 I. 18 Claimant, Jaime Pena, does hereby claim General Damages and Attorney Fees in 19 favor of Claimant and against the Respondent, County of Contra Costa, a political entity 20 created by the State of California, in an amount exceeding $10,000, based on the 21 "NATURE OF CLAIM," described herein. Jurisdiction of the Claim would rest in the 22 Superior Court of the State of California, In and For the County of Contra Costa, or in 23 the United States District Court for the Northern District of California. 24 II. 25 Claimant's address is, and ALL NOTICES OR OTHER COMMUNICATION WITH 26 REGARD TO THIS CLAIM SHOULD BE SENT TO: 345 E. Main Street, Suite 501, 27 Stockton, California, 95202-2902. Claimant's phone number is (209) 464-7700 or(800)464- 28 Page No. 1 1 7362, or (800) 301-1341. Claimant's FAX number is (209) 464-7706. Claimant's Social 2 Security No. is 569-64-7313 and his Date of Birth is May 8, 1947. 3 III. 4 NATURE OF CLAIM 5 At all times herein mentioned, Claimant owned, in fee, a one-half interest in real 6 property located at 642 Diablo Road,Danville, California, and paid property taxes thereon 7 to Respondent, Contra Costa County. 8 At all times herein mentioned, Don Pitts, Gary T. Yancey, James Picco, Jose A. 9 Marin, and Bruce Mills were agents or employees of the Respondent, COUNTY OF 10 CONTRA COSTA, and they committed the Constitutional Violations, recited herein, under 11 policies or customs constituting Respondent's official policy, or the Violations were 12 committed or ratified by a person with policy-making authority. 13 On April 20, 1992, Don Pitts of Respondent's Sheriff's Office and Deputy District 14 Attorney James Picco of Respondent's District Attorney's Office signed a COMPLAINT 15 charging Claimant with two Misdemeanor Counts of violating California Penal Code § 16 647.6. The Counts were grounded on Claimant's alleged molestation of a complaining 17 victim. The Complaint was filed on April 21,1992, in the Municipal Court of the State of 18 California, In and For the County of Contra Costa, Walnut Creek-Danville Judicial 19 District, Case # 088635-8. When Don Pitts and James Picco signed the Complaint, they 20 stated that the first two episodes of molestation [the Two Misdemeanor Counts] had 21 happened between December 1, 1991 and January 24, 1992. However, on February 11, 22 1992, the complaining victim had claimed that the first episode of molestation had 23 happened a year earlier when the complaining victim was in the 9th Grade. Claimant is 24 informed and believes that the agents or employees, referred to herein, knew or should 25 have known of this substantial discrepancy. 26 27 28 Page No. 2 t I On August 12, 1992, Gary T. Yancey, Respondent's District Attorney, and his 2 Deputy, Jose A. Marin, signed an INFORMATION, filed on August 14, 1992, in the 3 Superior Court of the State of California, In and For the County of Contra, case 4 #9222188-8, charging Claimant with two Felony Counts of violating California Penal Code 5 § 288(c). The Counts were grounded on the two episodes of molestation. The first episode 6 of molestation, alleged in Count Two, occurred between March 1, 1991, and April 30, 1991, 7 and the second episode, alleged in Count Three, occurred between June 1, 1991 and July 8 31, 1991. Claimant was acquitted of them on January 7, 1994, and Final Judgment was 9 entered thereon on March 18, 1994. The acquittals were based on the testimony of the 10 complaining victim. The agents or employees, referred to herein, knew or should have 11 known that Claimant would be acquitted by the testimony of the complaining victim. 12 Claimant is informed and believes that the agents or employees, referred to herein, 13 prosecuted the alleged first two episodes as felonies with the intent to deprive Claimant of 14 his rights to enjoy Privacy and rights against Seizure Without Probable Cause. Claimant 15 is further informed and believes that the agents or employees prosecuted the alleged first 16 two episodes as felonies with the intent to expose Claimant to the Risk of Erroneous 17 Verdicts on the felonies, thereby intending to coerce Claimant to accept Plea Bargain Offers 18 and Self-Incriminate Himself. Claimant is further informed and believes that in so doing, 19 the agents or employees, referred to herein, unjustly conspired to prosecute Claimant, and 20 so did. 21 WHEREFORE, Said allegations and claims give rise to causes of action in favor of 22 Claimant and against the Respondent, COUNTY OF CONTRA COSTA, pursuant to 42 23 United State Code §§ 1983, 1985, and 1986. The allegations also give rise to actions for: 24 Illegal and Wasteful expenditure of County Funds in violation of Claimant-taxpayer's 25 rights, Malicious Prosecution, Abuse of Process, Invasion of Privacy, Intentional Infliction 26 of Emotional Distress, and/or Negligent Infliction of Emotional Distress, all in favor of 27 Claimant and against the County. 28 Page No. 3 1 2 3 Dated: July 6, 1994 Signed by Claimant: eaoe Pena 4 5 VERIFICATION 6 I, Jaime Pena, am the Claimant. I have read the foregoing Claim and know the 7 contents thereof. The same is true of my knowledge, except as to those matters which are 8 therein alleged on information and belief, and as to those matters, I believe it to be true. 9 I declare under penalty of perjury under the laws of the State of California that the 10 foregoing is true and correct and that this declaration was executed on July 6, 1994, at 11 Stockton, California. 12 13 14 Jaime Pena 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page No. 4