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MINUTES - 08161994 - 1.27
DL7 CLAIM 5 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AUGUST 16, 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: Unknown Section 913 and 915.4. Please note all •War® ng ". CLAIMANT: STIGLICH, John k' J U L 2 l 1994 ATTO;NEY: Geoffrey M. Faust 100UNTYC0UN9EL Faust & Roy Date received MARTINEZCALIF. ADDRESS: 633 Battery St. , Ste 500 BY DELIVERY TO CLERK ON July 26, 1994 San Francisco, Ca 94111 BY MAIL POSTMARKED: Hand Del iyerPd 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: t�Il �PutyLOR, Clerk 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: X__�_oeputy 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). 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_,1 , (11 ,gyp_ ) 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. 1 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 �L �R�, �p Deputy Clerk CC: County Counsel County Administrator RECEIVE® fiN. CLAIM by JOHN STIGLICH [California Government Code 5910] CLERK BOARDOP RS coNMA COSTA CO. This claim is brought against Contra Costa County, the Contra Costa Board of Supervisors, ex officio governing body of the Contra Costa County Fire Protection District, against Sunne McPeak, Tom Powers and Tom Torlakson, both individually and as members of the Board, against County Administrative Officer Phil Batchelor, against County Counsel Victor Westman, and against . Deputy County Counsel Arthur Wolenta: In accordance with Government Code 5910, the following information is provided: (a) The name and address of Claimant: John Stiglich 2011 Pine Street Martinez, CA 94553 (b) The post office address to which the Claimant desires notice to be sent: Geoffrey M. Faust, Faust & Roy, 6,33 Battery Street; Suite 500, San Francisco, CA 94111 . (c) Date, place and other circumstances of the occurrence or transaction that gave rise to the claims asserted: ( 1) This claim is for wrongful demotion, violation of Claimant's First and Fourteenth Amendment rights, pursuant to 42 U. S.C. 51983, violation of Claimant's California Constitutional rights, breach of settlement agreement, frauduient promise made without intent to perform, breach of the covenant of good faith and' fair dealing, legal malpractice, and infliction of emotional distress . This claim post-dates the settlement of Claimant's former action, No. C 92-1963 in the United States District Court for the Northern District of California. Reference is made to that action and to the government claim underlying that action for further details . . (2) On or about July 21, 1992, the parties listed in the first paragraph of this Claim (other than Torlakson; Westman and Wolenta) , entered a written compromise settlement and release Claim of John Stiglich 2 agreement. That settlement agreement required settling defendants, inter alia, to return Claimant to his job with his normal job duties, to refrain from inappropriate political interference in the performance of those. job duties, and required defendants to use their best efforts to uphold the validity of the settlement agreement and preserve to Claimant the benefits of the settlement. (3) Instead, in retaliation for Claimant exercising his right of free speech with regard to matters post-dating the settlement agreement, in further retaliation for pre-settlement agreement expressive activity by Claimant, and as a continuation of a corrupt political deal with United Professional Fire Fighters of Contra Costa County, Local 1230, and the individual firefighter defendants in Action C 92-1963, defendant have engaged in a series of illegal activities between August 1992, until Claimant's demotion in April, 1994, as described below. (4) The County defendants breached the settlement agreement with Claimant by (a) depriving Claimant of major job functions, especially his role in the sick leave investigation; (b) by excluding Claimant from participation in management activities; (c) by resuming political. interference (particularly, Mr. Batchelor and Mr. Wolenta) in Claimant's job; (d) by County Counsel 's failure, in the arbitration with Local 1230, to oppose the union's grievance based on Claimant's Merit System rights, notwithstanding the Board of Supervisors having adopted the Grand Jury's recommendations that the Board re-establish the supremacy of the Merit System over union MOU's . Despite the County's and County Counsel 's undertaking to protect Claimant's rights, County Counsel "went through the motions" to present the appearance of having lived up to the settlement agreement, but without in reality using best efforts to preserve the benefits of the settlement to Claimant; (e) In addition, the parties named above failed in other respects to use best efforts to protect Claimant's rights under the settlement agreement: for example, the County could have exempted Claimant's AFO position or Claim of John Stiglich 3 resolved the matter through collective bargaining with Local 1230; (f) defendants, specifically McPeak, Torlakson and Batchelor, and perhaps others, made public statements disparaging the settlement, notwithstanding having undertaken to use best efforts to uphold the settlement. (5) Each of the above acts in breach of the settlement agreement were in retaliation for Claimant having spoken out on matters of public concern, having exercised his civil rights under Contra Costa Ordinance 81-1165 and under the California and United States Constitutions, and having vindicated his rights by the former lawsuit resulting in the settlement agreement. ( 6) The April, 1994 demotion is wrongful in that it violates Claimant's Constitutional rights of free speech, property, due process and equal protection of the laws. (7 ) The County defendants entered the settlement agreement with fraudulent intent, in that they promised to use their best efforts to support the settlement agreement and to secure Claimant the benefits of the settlement agreement, but never intended to live up to those undertakings . (8) The County defendants acted in a manner extraneous to the exercise of their rights under the settlement agreement and in a manner calculated to deprive Claimant the benefits of the settlement agreement, thus breaching the covenant of good faith and fair dealing implied in the settlement agreement. ( 9 ) The conduct of County Counsel in taking the acts and making the omissions herein claimed constitutes legal malpractice. ( 10) The events herein complained of were extreme and outrageous, and were intended to and did, cause severe emotional distress to Claimant. (d) General description of the indebtedness, obligation, injury or loss incurred so far as may be known at the time of the presentation of the Claim: (i) Loss of economic benefits to Claimant as a result of the legal violations described herein; Claim of John Stiglich 4 (ii) Emotional distress and non-economic losses from violations of Claimant's Constitutional rights as a result of the actions described above; (iii) Injury to Claimant's professional reputation, as well as career and promotional opportunities, as a result of the actions described above; and (iv) Attorney's fees as provided by law, including, without limitation, 42 U.S.C. §1988 and California C.C.P. §1021 .5 . (e) The name of the public employer causing the injury, damage or loss, if known: The Contra Costa County Board of Supervisors, including present members Tom Powers and Tom Torlakson, and former member Sunne McPeak. County Administrative Office Phil Batchelor and County Counsel Westman and Walenta also possess detailed knowledge of the circumstances and substance of these claims, and are in the position to identify the names of those officials, employees and agents responsible for the misconduct described above. (f) Amount claimed as of the date of presentation of the Claim, including the estimated amount of any prospected injury, damage or loss insofar as it may be known at the time of the presentation of the Claim, together with the basis of the computation of the amount claimed: (i) Wages and employment-related benefits as a result of the wrongful demotion. (ii) The exact amount of these benefits is within the knowledge of the County Personnel Department and changes on a daily basis . (iii) Damages for emotional distress and suffering are attributable to the conduct of the individuals and entities named herein, as well as their employees and agents .. (iv) Attorney's fees incurred in connection with the presentation of this Claim and any and all related matters. (v) Violation of civil and constitutional rights Claim of John Stiglich 5 guaranteed by federal and California law. Jurisdiction for legal resolution of this claim is provided in the Superior Court or the United States District Court for the Northern District of California. DATED: July 1994 FAUST & ROY By: GEOFFREY W. FAUST . Attorney for Claimant JOHN STIGLICH a7 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA August 16, 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: $25, 000.00 + Section 913 and 915.4. Please note all •Ma�rnin&gs". r-3 CLAIMANT:Manley, Carol Rae J U L 2 8 1991, ATTO;NEY: Nina Starr COUNTY COUNSEL Attorney at Law Date received MART1NEZCAL1F ADDRESS: 1060 Grant St. , Ste. 2b BY DELIVERY TO CLERK ON July 28, 1994 Benicia, CA 94510 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: �'g 1 c1 of ppNNIL DATCHELOR. Clerk Q Q To B1: eputy ll. 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 910.6). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 'r� 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). 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: 19q,,L NIL BATCHELOR. Clerk, By �1� ( ��,Q�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 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 16; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the tiaimant as shown above. r, Dated: BY: PHIL BATCHELOR by \ Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS To Cl-AIMANT 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.19 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 -one. year after .the accrual of the cause of action. - (Govt:, Code"5911.'2;,) H. Claims must be filed with the Clerk of the Board of Supervisors at lta offic,6 in Room 166, 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 ig-dinst more than. one public entity, separate claims must be Piled 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 Carol Raeltla:nley } :° RECEIVED Against the County of Contra Costa J-1 2 1994 JU or `District) CLERK OF SUPERVISOR. (Fill 7n name) L The undersigned claimant hereby makes claim against the County of Contra Costa or, the above-named District in the sum =i$ e x c e ss o f $2 5, 0 0 Oaf? in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) ------ February 3, 1994 at approxi.tia L -ly -0115 hours ( 1 : 15 z.m. 2. Where did the damage or injury occur? (Inalude' 'city and county) Qtit * d th lz�enn' Center located at .209.0 -Commerce Avenue, Concord, I Lo -a ounEm 3. How did the damage or injury occur? (Give full detaits; use extra paper- if , require L_ . d) Ms . Manley, a very intoxicated and incapacitated ` c.laimbnt � was transported from Martinez to the Shennum Center by the Martinez police at about 11 : 30. p:m . on 2/2/94 . �,xter on while at the center, while still intoxicated and inca acitat I ed, Ms . Manley wandered freely and _2a2er ,4. What -particular act or omission on the pet of county or district officers", servants or employees caused -the injury or damz�ge?The County;:'qhich- administers., funds, and staffs the Shennum center, failed to pr6vide Carol Manley an incapacitated and intoxicated person with sufficient security and safeguards which resulted in a foreseeable personal injury to her as described above c (over) �. wnat are the names of county or district officers, servants or eRplotye Lair the dar.�ge or injury? The County, the Shennum Center, an i employees . ------------------.___�_.._..._.�__...._.�N___.._...._.._„_,,a,__.._..__a..__-_ 5. What, damage or injuries-do, you claim resulted? (Give Rall •extent of: Injuries or damages claimed. Attach two estimates for auto damaize. Ms . Manley claims property damage loss rom robbery ( see attached list) and, per:sonal,,,inaury i�ncl,uding omotionsal distress damages . _. ?. 'How was the amount claimed above computed? (Include the a timated �apq ff M prospective injury or damage.) see. attached medicals res , hospital expenses con.ne-cted to the rape incident and- attached list for lost personal property incurred during the .robbert . 8. Names and addresses of witnesses, doctors and hospitals. Stuart B . Shikora, M .D. - Mt Diablo Medical Center , 3540 East Street, Concord . Allan Young, Shennum Center, 2090 Commerce Avenue, Concord Mr . Lard�' eri , Detective Bureau (CR#94--2330 ) , Concord Police Dept . , 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT UiII�NOWId: ATS:THIS`T°I�M6E�. A, � E W'11 Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorne`') or by some Rerson on his behalf." Name and Address of Attorney JA NINA STARR Attorney at Law (Claimant's S' tune 1060 Grant St . ,, Ste . 2b Benicia, - CA 94510 2700 Rose Street Address Martinez, .. CA 5455,3 Telephone No.707-746-5922 Telephone No. Call Representative 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 ($109000, or by both such imprisonment and fine. Attachment to Contra Costa County Claim form . 3 . ( continued ) and unattended outside the center to .a dark and deserted area . She was subsequently bruttaly assaulted, battered, robbed and raped by an unknown assailant . w r %A9L 0 'MED CiAL CEN'TE�'t STATEMENT' San Frranc l sco4 . CA 94144. y "f'ATIEN7tYt?E to10) 003=8000 (Concolrrd). ER "PATIENT AME "',� "'_. F'. a "s' ?. f*' ,'-�-, _R :., ,?'„✓ ,'s:-A4TE 0f SE VICE --TEMENT,: ATE .M '"-,ACGQUNT+NUMBER.. -r=: 4Rt 1 MRNLEY OZ/03/194 0,6/0 3/9, H0041 t 057 sbATENSACTfON gAMQC/NT- 04/04/,94 Balance _For ward c�44aC78, .... O4/08/�4 PAYMENT- PACIFIC �-ILTFQ , O0 _ 4J .1x/74 :PAYMENT-_BAY, PACIFIC HL.:TH � L.AN (? 4.08 stimi.ted Insurance clued 0.00 INK _.a� NJ r A RECENT PERSONAL SONAL PAYM; N`C OR INSURANCE RANCE P°AYMEN' /NOT I F"I .`A T ZON - :HAS KEEN RECEIVED. THE BALANCE SHOWN IS DUE W Tl-i I N. .`:0 "DAYS. . MOSt ,MAJOR CREDIT CARDS ARE ACCEPTED. OUR O -ICE HOURS ARE e 00AM--3:30 M MONDAY-FRIDAY (510) 603-8000. "TH NK YOU 50.00 i E FD�acd�i✓l� /S AN -�TEtij�Z�D .UsT aF �� PE,2�D.VA L PO SSC-'S S/a NS 7�/r�T Gc1E�2.E STd�EN oi2 �AMA�E,7� ,g s ,q ?c s v�7' a f= 1tlE A 555,q 04-7- i�R T- o ec�2RE"v onlay/9` .�r�.K i�Ese�/Pnv�v C'asr Z69 plp- 0661 4)6 NAN/ 7 a /,t oAMt1S Ave5e5' W4 raw 5611to tiAaACS /a 5.do &o4 D Q6fAR777- /A/ IWAN5 a0 i � � a oo . 00 GoGD ANer�di2. /�ENvRn�r flu/�Yl !7/.4�+a n�D /a S•d 0 r f 2 '� p�ND,4NT /N /5/C 66e-0 40.4 Ll.C- -r elOOMANS LEA 72�'- s. oa W.44.G.E'r/ G'W6��e- '866"1" SoN��Rss �24y 3,4n/ woMANS �a 00 s�N��ASsEs eASf� ". 0.00 64SsrErres ,up sneKS, 3G�sh; �o. as Pow Dc,2 srlaES N/n1E u1E57, GE7477 Eie 5:5 * 06 PvM p5 G�lo7�l�'S RAYoN DRESS f)nrD loS O0 3�9 zEr2 PE1V wom c,✓s aS. ov APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA August 16, 1994 BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Goverment Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: LARSEN Alice 1� ., r' , Attorney: Gary S. Abel, Esq. JUL 2 9 1994 COUNTY COUNSEL Address: 22 Battery St. , ;Ste. 1100 MARTINEZCALIF. San.Francisco, CA 94111 By delivery to Clerk on July 29, 1994 Amount: Unknown Date Received: July 29, 1994 By mail, postmarked on Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: 19944 PHIL BATCHELOR, Clerk, By . • Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( �)/ The Board should grant this Application to File Late Claim (Section 911.6). (✓) The Board should deny this Application to File Late Claim (Section 911.6). DATED: `f VICTOR WESTMAN, County Counsel, By Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: PHIL BATCHELOR, Clerk, By �� ODa „ Deputy WARNIM (Gov. Code $911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation re4uirement). See Government Code Section 946.6. Such petition must be filed with the court Within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. PHIL BATCHELOR Clerk ~ O DATED: , , By , �,a� Or Deputy__ V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 GARY S. ABEL, Esq. (SBN 131068) Law Offices of Henry M. Steinberg 2 22 Battery Street, Suite 1100 San Francisco, CA 94111 ow� ® 3 (415) 781-1185 ®Ec E��EG 4 Attorney for Claimant ff�� ALICE LARSEN 2 9 5 6 CLERK 6 ADq COUA CORS 7 8 In the Matter of the APPLICATION FOR LEAVE TO Claim of ALICE LARSEN PRESENT LATE CLAIM 9 against THE HOUSING AUTHORITY OF THE COUNTY [Gov. Code § 911.4] 10 OF CONTRA COSTA 11 12 TO THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA: 13 1. Application is hereby made for leave to present a late claim 14 under Section 911.4 of the Government Code. The claim is founded on a 15 cause of action for personal injuries based on premises liability 16 which accrued on July 30, 1993 , and for which a claim was not timely 17 presented. For additional circumstances relating to the cause of 18 action, reference is made to the proposed claim attached hereto as 19 Exhibit A and made a party hereof. 20 2 . The reason for the delay in presenting this claim is 21 mistake, inadvertence, surprise, and excusable neglect as is more 22 particularly shown in the declarations of claimant Alice Larsen and 23 attorney Gary Abel, attached hereto as Exhibits B and C. The Housing 24 Authority has not been prejudiced in the defense of the claim by the 25 failure to file the claim in a timely manner, as shown by the 26 declaration of Gary Abel. 27 3 . This application is presented within a reasonable time after 28 the accrual of the cause of action, as shown by the declaration of 1 1 Gary Abel. 2 WHEREFORE, it is respectfully requested that this application be 3 granted and that the attached claim be received and acted on in 4 accordance with Sections 912.4-912.8 Government Code. 5 Dated: July 28, 1994 6 EL7 AA4 orneyfor Claimant ALICE LARSEN 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 GARY S. ABEL, Esq. (SBN 131068) Law Offices of Henry M. Steinberg 2 22 Battery Street, Suite 1100 San Francisco, CA 94111 3 (415) 781-1185 4 Attorney for Claimant ALICE LARSEN 5 6 7 8 In the Matter of the CLAIM AGAINST PUBLIC ENTITY Claim of ALICE LARSEN 9 against THE HOUSING [Gov. Code §§ 905, 905.2, 910 AUTHORITY OF THE COUNTY 910.2] 10 OF CONTRA COSTA 11 12 TO THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA: 13 Alice Larsen hereby makes claim against The Housing Authority of 14 the County of Contra Costa and makes the following statements in 15 support of. the claim: 16 1. Claimant's post office address is P.O. Box 365, Cotati, CA 17 94931. 18 2 . Notices concerning the claim should be sent to Gary S. Abel, 19 Esq. , 22 Battery St. , Suite 1100, San Francisco, CA 94111. 20 3 . The date and place of the occurrence giving rise to this 21 claim are July 30, 1993 at the Homeless Shelter, 847 Brookside Drive, 22 Richmond, CA. 23 4. The circumstances giving rise to this claim are as ,follows: 24 At approximately 1: 00 p.m. , claimant was assaulted at her work site by 25 an unknown assailant. Claimant contends that the Housing Authority, 26 among others, had a duty and breached that duty to the claimant to 27 provide a safe and secure working environment, and either by act, 28 omission or both, breached that duty proximately causing claimant's 1 1 injuries and damages. 2 5. Claimant's injuries are traumatic deformities of the left 3 eyelids and orbit with left enophtalmos; left globe ptosis, left 4 medial canthal deformity, left orbital floor fracture; multiple 5 lacerations on the face, multiple maxillofacial fractures, blunt chest 6 trauma; Lafort II-type fracture of the maxilla, depressed fracture of 7 the left infraorbital rim, depressed fracture of the nose; post- 8 traumatic stress syndrome; injury to psyche and central nervous system 9 -- entire body. 10 6. The names of the public employees causing the claimant's it injuries are unknown. 12 7. The claim as of the date of this claim is in an amount that 13 would place it within the jurisdiction of the superior court. The 14 claim is based on injury in an amount to a proved later. 15 Dated: July 28, 1994 16 G Y S. AB L 17 ttorney for Claimant ALICE LARSEN 18 19 20 21 22 23 24 25 26 27 28 2 1 GARY S. ABEL, Esq. (SBN 131068) Law Offices of Henry M. Steinberg 2 22 Battery Street, Suite 1100 San Francisco, CA 94111 3 (415) 781-1185 4 Attorney for Claimant ALICE LARSEN 5 6 7 8 9 In the Matter of the DECLARATION OF ALICE Claim of ALICE LARSEN LARSEN IN SUPPORT OF 10 against THE HOUSING APPLICATION FOR LEAVE TO AUTHORITY OF THE COUNTY PRESENT LATE CLAIM 11 OF CONTRA COSTA / [Gov. Code 5 911.4] 12 13 I, the undersigned, declare: 14 1. I am the claimant in this matter. I was assaulted at the 15 Homeless Shelter, 847 Brookside Drive, Richmond, California on July 16 30, 1993 at approximately 1:00 p.m. , by an unknown assailant. Due to 17 the seriousness of my injuries, I had to be airlifted to John Muir 18 Hospital. At the time of this incident, I was employed by the Contra 19 Costa County Board of Education as an instructor in basic literacy for 20 those wishing to obtain their G.E.D. i.e. General Education Degree. 21 2. This declaration is made in support of my application for 22 leave to present a late claim to The Housing Authority of the County 23 of Contra Costa. 24 3 . I timely filed claims against the County of Contra Costa, 25 the owner of the property, the City of Richmond, and the County Contra 26 County Board of Education. However, at no time was I aware that the 27 Housing Authority might have been responsible for establishing the 28 mobile classroom where I was assaulted nor could I have discovered 1 1 this information in the exercise of reasonable care because I had no 2 reason to believe that anyone other than Shelter, Inc. , a non-profit 3 corporation, was operating the shelter, and presumably the mobile 4 classroom as well, since the classroom was on the same property as the 5 shelter. 6 4. After I filed a claim with the County of Contra Costa on 7 January 28, 1994, I received the attached letter from Julie Aumock, 8 Liability Claims Adjuster for the County, which is self-explanatory. 9 At no time did Ms. Aumock inform me that the mobile classroom where I 10 was assaulted, was operated by the Housing Authority. 11 I declare under penalty of perjury that the foregoing is true and 12 correct and that this Declaration was executed at Santa Rosa, 13 California on July 28, 1994. 14 15 ALICE LARSEN 16 17 18 19 20 21 22 23 24 25 26 27 28 2 . County Administrator Contra Rls:lt lilanai emaM " Jbliry Claim (510se-x155 Risk Adminlsr0on (310)6"-2014 Canty Adminisration Buidnp (310)66. 0^OJ}Q S Iaty 661 Pin%Weet,6th FloorCounty VOc"Wwl AW*Mit don (510)646.2139 Martinez.C800mis 94565 dam'CAMWsatlan (510)646.2W Fax Number (510)646-2547 February 3, 1994 MS. Alice Larsen 2742 Oak Road, #179 Walnut Creek, 'California, 94596 Regarding: Incident of July 30, 1993 Dear Ms. Larsen: I am in receipt of the claim which you filed with the Clerk of the Board of Supervisors on January 28, 1994, concerning the assault you suffered at the portable classroom in San Pablo on July 30, 1993. The claim was referred to my office for investigation. This is to let you know that the Contra Costa County Board of Supervisors has no jurisdiction whatsoever over the Contra Costa County School Board of Education as described in your claim. The Contra Costa Board of Education is wholly a separate public entity. The County of Contra Costa is not the proper entity F against which to assert your Claim. _ r You will be receiving notice soon from the Board of Supervisors. 'ncerely, Julie Aumock, Liability Claims Adjuster JA:alh i i i 4 T�r L: 1 GARY S. ABEL, Esq. (SBN 131068) Law Offices of Henry M. Steinberg 2 22 Battery Street, Suite 1100 San Francisco, CA 94111 3 (415) 781-1185 4 Attorney for Claimant ALICE LARSEN 5 6 7 In the Matter of the DECLARATION OF GARY ABEL IN 8 Claim of ALICE LARSEN SUPPORT OF CLAIMANT'S APPLICATION against THE HOUSING FOR LEAVE TO PRESENT LATE CLAIM 9 AUTHORITY OF THE COUNTY OF CONTRA COSTA (Gov. Code. § 911.4] 10 / 11 I, the undersigned, declare: 12 1. I am an active member of the State Bar of California and am 13 the attorney for claimant Alice Larsen. 14 2 . I was retained by Ms. Larsen on or about June 15, 1994 to 15 prosecute a civil action for injuries sustained by her when she was 16 assaulted at a mobile classroom located at the Homeless Shelter, 847 17 Brookside Drive, Richmond, California, on July 30, 1993 . 18 3 . On June 23, 1994, I filed a complaint based on premises 19 liability against the County of Contra Costa, the City of Richmond, 20 and Shelter, Inc. , the non-profit corporation that operated the 21 shelter. On July 15, 1994, I filed a first amended complaint. 22 4 . On July 27, 1994, after service of the summons and first 23 amended complaint, I received a telephone call from a gentleman who 24 identified himself as Michael Abosch, the adjuster for NIAC, Non- 25 Profits Insurance Alliance of California, the liability insurer for 26 Shelter, Inc. During our conversation, Mr. Abosch stated that he had 271 spoken to Julie Aumock, a liability claims adjuster with Contra Costa 28 County. According to Mr. Abosch, Ms. Aumock told him that the Contra 1 1 Costa County Housing Authority had control of establishing the mobile 2 classroom in which Ms. Larsen was assaulted. This was the first time I 3 had heard that another public entity may be involved. 4 5. On July 28, 1994, I spoke with Ms. Aumock, who told me that 5 she really did not know whether the Board of Education or the Housing 6 Authority had set up the mobile classroom. 7 5. I am presenting this application at a reasonable time after 8 discovery of the above facts, and within one year of the date of 9 injury. 10 6. The Housing Authority will not be prejudiced in the defense 11 of this claim by the late filing inasmuch as the procedure is to 12 present the claim to the County of Contra Costa, who presumably has 13 already investigated the incident shortly both after it occurred and 14 after a timely amended claim was submitted to them in February 1994. 15 I declare under penalty of perjury that the foregoing is true and 16 correct and that this Declaration was executed at San Francisco, 17 California on July 28, 1994. 18 19 G Y -8. AB 20 21 22 23 24 25 26 27 28 2 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AUGUST 16, 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 ni " CLAIMANT: GOODSON, Susan J U L 2 5 1994 ATTORNEY: Thomas G. 1Kc7aughlin, Fsq, COUNTY COUNSEL Date received NIARTINEZCALIF. ADDRESS: 3105 Lone Tree-,.Way, Ste. A BY DELIVERY TO CLERK ON TMX 9.2 1444 Antioch, CA 94509 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. o QQHHJL ATCHELOR, Clerk Q DATED: �,_ a a. 199 BY: �puty o , ll. FROM:: County Counsel TO: Clerk of the Board of Supervisors ( ice 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: r' Dated: -7— ZCo L{ BY: Deputy County Counsel 11I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARDS ORDER: By unanimous vote of the Supervisors present (✓) This Claim is refected 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—��dl_0 1A a . 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 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. /J Dated: BY: PHIL BATCHELOR by ( �i� ) Deputy Clerk CC: County Counsel County Administrator • .._ . .�.moi THOMAS G. McLAUGHLIN, ESQ. LAW OFFICES OF McLAUGHLIN & PEGNIM 3105 Lone Tree Way, Suite A Antioch, California 94509 (510) 754-9901 «'`` RECEIVED JUL 2 21994 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO Claim of SUSAN GOODSON, Claimants, CLAIM FOR PERSONAL INJURIES (Government Code Section 910) against County of Contra Costa, Defendant. ---------------------------- You are hereby notified that SUSAN GOODSON, hereinafter described as claimant, whose address is 1111 James Donlon Road, Apartment 2052, Antioch, California, claims damages from the County of Contra Costa for personal injuries in the amount computed as of the date of presentation of this claim as follows: Susan Goodson County of Contra Costa $150, 000.00 This claim is based on personal injuries sustained by claimant on or about January 25, 1993 on Marina Vista Avenue in the City of Martinez, County of Contra Costa, State of California. On said date, claimant SUSAN GOODSON was the driver of a 1981 Oldsomobile Cutlass, California License Number BMA202, involved in a rearend vehicular collision. The proximate cause of the injuries to the claimant was the careless, negligent and dangerous management, maintenance, repairs, construction, design and control of said roadways and surrounding areas and failure to warn of the particular hazards of the roadway and immediate areas adjacent to the roadway on Marina Vista Avenue by the County of Contra Costa, in that water was allowed to flood a portion of the roadway and insufficient warnings were not provided to motorists as to the existence of the water and the condition of the roadway. The damages sustained by claimant, SUSAN GOODSON, as far as known, as of the date of presentation of this claim are as follows: Loss of Earnings and Impairment to Wage Earning Capacity. . . . . . . . . . . . . . . . . . $Unknown General Damages. . . . . . . . . . . . . . . . . . . . . . . . . $100, 000. 00 Medical Expenses. . . . . . . . . . . . . . . . . . . . . . . .$ 2, 000. 00 and Continuing/Unknown TOTAL In Excess of $100, 000. 00 All notices or other communications with regard to this claim should be sent to Thomas G. McLaughlin, McLaughlin & Pegnim, 3105 Lone Tree Way, Suite A, Antioch, California 94509, Telephone (510) 754-9901 Dated: July 22, 1994 \ Thomas G McLaug lin sq. Attorney for Claima t 1- d-7 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AUGUST 16., 19941 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 Mount: Unknown cti � 0 CLAIMANT: CALL15 Please note all *Warnings". ; , ��ae , Terry "J u L 2 0 1994 ATTOnNEY: COUNTY COUNSEL DkWFMXVedLIF. ADDRESS: 2721 Bonita Ave. BY DELIVERY TO CLERK ON July 19, 1994 Antioch, CA 94509 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors 10:- tounty.Counsel3 Attached is a copy of the above-noted claim. DATED: !.__4- r! O Icl24 all �putyLOR, Clerk 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 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: 2'� S / 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: I certify that this is a true and correct copy of the Boards Order entered in its minutes for this date. B Dated: PHIL BATCHELOR, Clerk, By_JZ , (1',,i_d,�04 , 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 Aeaosited in the mail to file a court action on this claim. See Government Code Section 945.6. lou 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 1n 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. l fated: 9 BY: PHIL BATCHELOR by � / Deputy Clerk CC: County Counsel County Administrator Cla 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 Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one publie ,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 RECEIVED Against the County of Contra Costa ) JUL 19 1W4 or ) District) CLERK Bf SUPERVISORS Fill in name ) c � costa CO. 7, The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur. (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required)_-�� �e�� �Qce "��� ©h �m. �COQ v� a 'C� --------------------------- --- ------- ----------------------------------- u. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? ;cver) D. wnat are the names of county or district officers, servants or employees causing the da—mage or ir,jury? ------------------------------------------------------------------------------------ 5. What damage or injuries do you claim resulted? (Give full extent. of injuries or damages claimed. Attach two estimates for auto damage. --------------------------------�_�.r _..�.---------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) ------------------------------------ -- $. Names and addresses of witnesses, doctors and hospitals. ------—-------------—-— 9• List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT iS Gov. Code Sec. 910:2 prov.ides:. "The claim must be signed by the claimant SEND NOTICES TO:" '(Attorney) or by some person on his behalf." Name and Address of Attorney laimant's Signa ure sl- Addres Telephone No. Telephone No. * V IT N,OTI. CE . 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. Delta Glass � � 101 Railroad Avenue GLtiss Antioch, California 94509 (415) 757-5300 DATE /S 194z NAME ADDRESS PHONE NO. JOB LOCATION PHONE NO. INS. CO. ON, / DESCRIPTION AMOUNT Cl/ LC 1 /v3 v 9 3 3s i a AD_ DENDUM TO 'I'H,E CLAIM OF �prj t your fullname} (l) Do you use the roadway as part of adaily commute? Yes ( ;','} No ( ) ( 2) Were you aware that construction would be commencing on the .roadway?. Yes No p�0 ( } yo� �bw ) �� ( 3) Was an alternate route available? Yes ( ) No ( }/ . (`4) . Did you read about.. the impending resurfacing in the local newspaper? Yes ( ) No ( 1 ( 5). Did you see warning :s.iglis advising .of loose:.. gravel' and a + 25 mile per hour advisory sign? Yes ( ) No E ) (�} Did the damage result ,from. another. vehicle, exceeding the 25 mile per-hour advisory? Yes E ) No (7) Did a vehicle traveling in the same direction and .exceeding the-25 'mile per -hour advisory sign attempt to pass y ? Yes ( ) No E ( 8) Did a coming from the opposite direction cause gravel :to be thrown. ,onto your car? Yes ( No ( } (9) Was the vehicle located directly in front of you ex eding the speed advisory? Yes ( ) No ( ) :.std' fIt ( 10) Did you . travel .the roadway more than once during the resurfacing prior to the damage sustain d to your car? Yes ( No ( . ) ( 11) Did you obtain the identity of the car relating to questions 6 thru 9? Yes ( °' No If yes, please provide identification below: ( 12) Please describe in your own words how the gravel caused damage to your vehicle and the angle the gravel was thrown onto the' car, along with,the specific damaged parts on your vehicle. O �r a t.�,.,� xfi+ �,+s-1�',ern.-.+ M.-s' '�' ,"':�� ._..,.:^-•--m----n._xu.<^.-�....._—r,,-...- - _, .�.LV..� �.. :. - __ �e - . ,. ( 13) Were you aware that using the road during the chip seal process might result in damage to your,,cAr-`> Yes' ( ) No I declare that the above information is true and correct under the penalty of perjury. . (Sina ure (Date)` (510) 778-4570 351 Sunset Drive, Suite B NEWCHY Antioch, CA 94509 (i ASS COMPANY) FAX (510) 778-4587 CA License#670493 0-kA C:W-11b 'e A�CCAUNIA'GENT, PURCHASE�' DATsE 07-19-!4 ��4� -8- NO.:... , ,.,d NO ORDER NO; h. CUSTOMER STATE TAX OR EXEMPT N0. I CUSTOMER FEDERAL TAX I.D.NO. ADV.CODE SALESMAN I.D. ORDER TAKEN BY INSTALLED BY FEDERAL TAX I.D.NO. TOhI 68-0272419 BILL.TO: SOLD TO: TERRY CALL PROOFINSURANCE OF • 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 VEHICLE INFORMATION Nissan MAKE MODEL 3 YEAR DOORS w *'; QDOMETERY LIGENSE�'! UEHICI] ,k- I �JO. ty Part # o or Kit ,. Lanor List Selle . t_t a tae i:�° 8 Hr ° .171. 01 Gley Description Unit Price Net 1 . WBL 41. Black Weatherstrip 49. 79 49. 79 RECEIVED BY 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 Subtotal 220. 86 96 thereby forever discharged. In the event that the above named insurance company does not make timely and/ 1 or full payment of this invoice according to its terms, I hereby accept responsibility for such payment and agree �° `�`,c.� Tax 15. 75 to pay all charges reflected on this invoice to the above named glass company subject to and according to all terms and conditions on this invoice. CUSTOMER'S SIGNATUREv TERMS " Cash X36. 61 TERMS: NET 30 DAYS,SERVICE CHARGE PER MONTH(18%PER ANNUM)WILL BE CHARGED ON OVERDUE ACCOUNTS. TF-6� I61=111isE3 c3iuVE3 Z3& --,P"6 nE:l -riA F=i=1 I R naq__.IE_ E V 1=4i Rn s:4r4T I ac;" ' G C3 _!%-:510C3 •ao-t e 07-13-94UC3_rU=— ACCOUNT' =AGENT _ IPURCHASE " g WO" NO ORDER N,O+ DATE CUSTOMER STATE TAX OR EXEMPT NO. CUSTOMER FEDERAL TAX I.D.NO. ADV.CODE SALESMAN I.D. ORDER TAKEN BY INSTALLED BY -.5 BILL TO:TERRY CALL SOLD To: ' Hme754-2312 PROOFINSURANCE OF • 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 VEHICLE • • SAKE N 1 5 S an MODEL lick—Up YEAR DCJORS ODOMETER; LICENSE �1EHI LE LD.NO. ty Part # Color Kit St Selle 1 FW722 Green 0. 00-1U W/Dam 3. 5 Hr 30. 00 52 . L_11b. 01114 AUTHORIZATION TO PAY I hereby authorize and empower the above-named insurance company to pay this invoice in full settlement,sat- isfaction 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 forever discharged. In the event that the above named insurance company does not make timely and/ Subtotal 215. 00 or full payment of this invoice according to its terms,I hereby accept responsibility for such payment and agree 8. 25% Tax 15. 26 to pay all charges reflected on this invoice to the above named glass company subject to and according to all terms and conditions on this invoice. TERMS CUSTOMER'S SIGNATURE • Check 230. 26 TERMS:PAYABLE ON THE 10TH OF THE MONTH FOLLOWING PURCHASE,SERVICE CHARGE OF 11A%PER MONTH(18%PER ANNUM)WILL BE CHARGED ON OVERDUE ACCOUNTS. a7 r° CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA August 16, 1994 Claim Against the County, or District governed by) BOARD 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: $5,000.00 Section 913 and 915.4. Please note all CLAIMANT: Pacific Bell, Attn: M.R. Gylock JUL 2 5 1919K ATTORNEY: COUNTY COUNSEL, Date received MARTiNEZCALIF. ADDRESS: 401 Lennon Lane, Room 208M BY DELIVERY TO CLERK ON July 25, 1994 Walnut Creek, CA 94598 July 22, 1994 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted claim. pIVt�IL ATCHELOR, Clerk j1 l DATED: B1: Deputy �9 gra a / 'O..�,, / II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( 4 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: 7-0Z BY: ry� 1t-^-- Deputy County Counsel ,I 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). 1V. BOARD ORDER: By unanimous vote of the Supervisors present {✓� This Claim is rejected in full. { } Other: I M' I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: cl PHIL BATCHELOR, Clerk, By 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 posited in the mail to file a court action on this claim. See Government Code Section 945.5. �. 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 Mited 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 C Deputy Clerk CC: County Counsel County Administrator OFFICE OF COUNTY COUNSEL DEPUTIES: .jr, -='' j CONTRA COSTA COUNTY PHILLIP S. ALTHOFF SHARON L. ANDERSON BRANDON D. BAUM COUNTY ADMINISTRATION BUILDING ANDREA W. CASSIDY VICKIE L. DAWES P.O. BOX 69 MARKE S. ESTIS VICTOR J.WESTMAN MARTINEZ, CALIFORNIA MICHAEL D. FARR COUNTY COUNSEL 94553-0116 LILLIAN T. FUJII DENNIS C. GRAVES SILVANO B. MARCHESI TELEPHONE (510) 646-2074 GREGORY C. HARVEY ARTHUR W.WALENTA,JR. FAX (510) 646-1078 KEVIN T. KERR ASSISTANTS EDWARD V. LANE, JR. MARY ANN M. MASON PAUL R. MUNIZ July 27 , 1994 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Ruth E. Wilson C/o Anthony Brookman 1990 N. California Blvd. #740 Walnut Creek, CA 94596 RE: CLAIM OF: Ruth E. Wilson Please Take Notice as Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 .2, or is otherwise insufficient for the reasons checked below: [] 1 . The claim fails to state the name and post office address of the claimant. [] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [] 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [] 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. [] 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10, 000) . If the claim totals less than ten thousand dollars ($10, 000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10, 000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [] 6 . The claim is not signed by the claimant or by some person on is behalf . [] 7 . Other: The Claim identifies the responsible party as the Contra Costa County Housing Authority, which is an independent agency. As such, the claim must be filed with the Housing Authority. The letter attached to the claim mentions the Contra Costa County Flood Control District. If the claim is intended to be directed against this entity, please submit an amended claim naming this entity. VICTOR J. WESTMAN, County Counsel By: � --it>cc.�— Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015.5; Evidence Code §§ 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: July 27, 1994 at Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE §§ 910, 910.2, 920.4, 910.8) W -7: C;. .T Tom. :N aCn z CV �l o r� W t W c� y o N . l .- a v� a UUU f M Cir o° z° P4 g 3 , l .r a • a a as i 1 g rI -a 6'1 �Nv J J t W � . to v d � a w_ iL s t r� Q. S > OU ✓ o � d Z N Z j $ 4 p a ct 3; U LAW OFFICES OF BROOKMAN & TALBOT INCORPORATED SACRAMENTO OFFICE WALNUT CREEK OFFICE SUITE 200 SUITE 740 COURT PLAZA BUILDING WALNUT CREEK PLAZA BUILDING 901 H STREET 1990 NORTH CALIFORNIA BOULEVARD SACRAMENTO, CALIFORNIA 95814-9998 WALNUT CREEK, CALIFORNIA 94596-3711 TELEPHONE (916)441-4314 TELEPHONE (510) 932-4008 FAX: (916)441-1670 FAX: (510) 937-1828 Please direct reply to: Walnut Creek Office July 19, 1994 Clerk of the Board of Supervisors Contra Costa County 651 Pine Street, Room 106 Martinez, CA 94553 RE: RUTH WILSON v. COUNTY OF CONTRA COSTA Dear Clerk: Enclosed please find Claim of our client, Ruth Wilson, against the County of Contra Costa. Our investigation reveals the subject property is owned by Contra Costa County Flood Control District and/or Contra Costa County Housing Authority (see attached Assessor Inquiries). If this is incorrect, please advise as soon as possible and we will promptly amend the Claim. Thank you for your cooperation and assistance. Very truly yours, BROOKMA TALBOT, INC. Alan Talbot - AMT/sh Encls. _ Claim *to: 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 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 an 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. t 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 TO_rm RE: Claim By ) Reserved for Clerk's filing stamp RUTH E. WILSON ) RECEIVED Against the County of Contra Costa ) J(J� 2 5 �X ) HOUSING AUTHORITY 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 $ to be determined and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2/12/94 at approximately 9: 10 a.m. 2. Where did the damage or injury occur? (Include city and county) ~M 983 Rosemary Lane, City of Oakley, County of Contra Costa, California 3. How did the damage or injury occur? (Give full details; use extra paper if required) SEE ATTACHMENT A 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Contra Costa County Housing Authority failed to properly maintain and repair the water heater in the apartment. (over) 5. What are the names of county or district officers, servants or employees cau$ing the damage or injury? Unknown at present. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. SEE ATTACHMENT B 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Based on medical bills and reports. 8. Names and addresses of witnesses, doctors and hospitals. SEE ATTACHMENT C 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Only medical bills as noted above. Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some persoAn his behalf." Name and Address of Attorney ANTHONY R. BROOKMAN, ESQ. ALAN M. TALBOT, ESQ. orne_ r- CETI BROOKMAN & TALBOT, INC. 1990 N. California Blvd. , #740 Walnut Creek, CA 94596 Address Telephone No. (510) 932-4008 Telephone No. 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 ($109000, or by both such imprisonment and fine. Claim of Ruth E. Wilson ATTACHMENT A 3. Claimant was in her residence located at 983 Rosemary Lane, Oakley, California when, upon awakening at approximately 4:00 - 5:00 a.m. on 2/12/94, she discovered her carpet was wet with water approximately 2-3 inches deep, caused by a leaky water heater. Claimant placed a "911" call at approximately 4:00 - 5:00 a.m. The Oakley Fire Department responded to the call and attempted to pump the water out-of the apartment. The carpet was still apparently wet when at approximately 9:10 a.m. on 2/12/94, claimant stepped on the still wet carpet and slipped and fell, fracturing her left leg in four places. Claim of Ruth E. Wilson ATTACHMENT B 6. Claimant's right leg was fractured in four places, requiring surgery. The full extent of claimant's injuries are still to be determined. Approximate amount of damages incurred to date are as follows: Medical expenses incurred to date: $ 41,760.66 Estimate of future medical expenses is to be determined. Claimant still getting treatment. Loss of Wages: None General Damages: To Be Determined. Claim of Ruth E. Wilson ATTACHMENT C 8. American Medical Response West (ambulance), P. O. Box 7780, Fremont, CA 94538 Delta Memorial Hospital, 3901 Lone Tree Way, Antioch, CA 94509 Lone Tree Convalescent, 4001 Lone Tree Way, Antioch, CA 94509 Charles S. Brisbin, M.D., 575 School Street, Pittsburg, CA 94565 Ananth Shenoy, M.D., Inc., 3501 Lone Tree Way, Ste 2, Antioch, CA 94509Riad Laham, M.D. (anesthesiologist), 410 W. Main St., Ste. F, Merced, CA 95340 Ramaknishna P. Gollapudi, M.D., 3505 Lone Tree Way, Antioch, CA 94509 Allen Workman, M.D., 3700 Sunset Lane, Antioch, CA 94509 ENTER PARCEL NBR 035 - 300 - 018 ROLL yH PCL NO 035-300-0l8-5 SITE LAS DUNAS AVE --~"�w������ OKLY USE/RSP dwNWCU HOUSING AUTHORITY NOTF P O BOX 2)59 94553 MARTINEZ CA ASSESSOR INQUIRY 1993-1994 POR SEC 25 T2N R2E 3. 75 AC LAND- 84, 840 IMPk- 209, 578 ACRE 3. 750 SR HU ASR YR PSI- F,E R S- SI-PERS- 0 THA 82130 - 90 TX CO NBHD 0311 CUR YR TUTL 294, 418 UPDATED 05/08/90 VALUED PN-LND 0 FRUM TO PN-IMP 0 PN-PSI 0 DEED NO DATE RC DRI STATUS PN-PP 0 03730/202 10/25/60 0 EXM 0 ' + 0 OLDR EX APP. REASUN IF NET 294, 418 *REMARKS* 04/27/94 LFF2762 ' ` ' ' ' . . . ������ ~�^�"- ENTER FAHCIL NBR 035 - W0 - 025 ROLL YR ATTACHED .�����v~~� �. �������/ =� ^����u�.r-u^^p:�~« ^ RCL NO 035-000-025-0 SITE LAS DUNAS AVE UKLY VSE/RSP 79-2 100. 0% I CONTROL DISTRICT NUTF 6TH FLR ADM 8LDG 94553 ' - MARTINEZ CA IWAUIRY 1993-1994 POR SEC 25 T2N R2E LAND- 644 ' !MPR- ACRE l . 040 SR HO ASR YR pSI- 0 PERS- 0 FRA 82130 - 90 TX CO N8HD 3311 CUH YR lOTL 644 UPDATED 05/08/90 ' VALUED PN-LND 0 ' FROM 035-300-017-7 # TU PN-IMP 0 PN-PSI 0 DEED NO DATE HC DRI STA [US PN-PP 0 09071/336 10/20/78 5 EXM 0 + 0 8 L D R EX APPR REASON IF NET 644 ***ETAL*** *REMARKS* 04/2// 9* LFF2762 ' ' ' ` 1 ' PROOF OF SERVICE BY MAIL -- CCP, 42015.5 & §1013(a) 2 3 I, the undersigned, declare under penalty of perjury of the laws of the State of California: 4 That I am a citizen of the United States and over the age of eighteen years; that I am not a party to the within action or proceeding; that my business address is 1990 N. California 5 Boulevard, Suite 740, Walnut Creek, California 94596; that on the date set forth below I served a true copy of- 6 CLAIM AGAINST PUBLIC ENTITY 7 8 9 by depositing said copy in the United States Mail, at Walnut Creek, California, in a sealed 10 envelope, postage thereon prepaid, addressed as follows: 11 12 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED Clerk of the Board of Supervisors 13 Contra Costa County 651 Pine Street, Room 106 14 Martinez, CA 94553 15 16 17 18 19 20 21 22 At said time, there was regular delivery of the United States Mail between said places of deposit and address(es).. 23 Executed at Walnut Creek, Contra Costa County, California, on July 19, 1994. 24 25 26 ` SHARON HANNEY 27 28 1 :"m'to a BOARD OF SUPERVISORS 4F CONTRA COSTA CCUiCI'Y INSTRIICTIONS m 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 December 31, 1987, must be presented not later than the 140th 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 props and which accrue cin 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 146, 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. I * * * * * * * * * * * * * * * * * * * f * * * * * * * * * * * * * * * * it * * * * * RE: Claim By } Reserved for Clerk's filing stamp RUTH E. WILSON } Against the County of Contra Costa } X6X } HOUSING AUTHORITY 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 $ to be determined and in support of this claim represents as follows.- 1. ollows:1. When did the damage or injury occur? (Give exact date and hour) 2/12/94 at approximately 9 : .10 a.m. 2. There did the damage or injury occur? (Include city and county) 983 Rosemary Lane, City of Oakley, County of Contra Costa, California 3. How did the damage or injury occur? (Give full details; use extra paper if required) SEE ATTACHMENT A 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Contra Costa County Housing Authority failed to properly maintain and repair the water heater in the apartment. (over) 5. What are the names of cL_.ity or district officers, serves. .3 or employees causing the damage or injury? unknown at present. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. SEE ATTACHMENT B 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Based on medical bills and reports. 8. Names and addresses of witnesses, doctors and hospitals. SEE ATTACHMENT C 9. List the expe-ndliturees you made on account of this accident or injury: DATE IMM AMOUNT Only medical bills as noted above. Gov. Code Sec. 910.2 provides: "The claim must be signed e claimant SEND NOTICES TO: (Attorney) orb some person on hisV- ." Name and Address of Attorney' ANTHONY R. BROOKMAN, ESQ. ALAN M. TALBOT, ESQ. Attorney or U-If I BROOKMAN & TALBOT, INC. 1990 N. California Blvd. , #740 Walnut Creek, CA 94596 (Address) Telephone No. (510) 932-4008 Telephone No. T * I T T V 9 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. Claim of Ruth E. Wilson ATTACHMENT A 3. Claimant was in her residence located at 983 Rosemary Lane, Oakley, California when, upon awakening at approximately 4:00 - 5:00 a.m. on 2/12/94, she discovered her carpet was wet with water approximately 2-3 inches deep, caused by a leaky water heater. Claimant placed a "911" call at approximately 4:00 - 5:00 a.m. The Oakley Fire Department responded to the call and attempted to pump the water out of the apartment. The carpet was still apparently wet when at approximately 9:10 a.m. on 2/12/94, claimant stepped on the still wet carpet and slipped and fell, fracturing her left leg in four places. Claim of Ruth E. Wilson ATTACHMENT B 6. Claimant's right leg was fractured in four places, requiring surgery. The full extent of claimant's injuries are still to be determined. Approximate amount of damages incurred to date are as follows: Medical expenses incurred to date: $ 41,764.66 Estimate of future medical expenses is to be determined. Claimant still getting treatment. Loss of Wages: None General Damages: To Be Determined. r t E E E W z t 4 i Claim of Ruth E. Wilson ATTACHMENT C 8. American Medical Response West (ambulance), P. O. Box 7780, Fremont, CA 94538 Delta Memorial Hospital, 3901 Lone Tree Way, Antioch, CA 94509 Lone Tree Convalescent, 4001 Lone Tree Way, Antioch, CA 94509 Charles S. Brisbin, M.D., 575 School Street, Pittsburg, CA 94565 Ananth Shenoy, M.D., Inc., 3501 Lone Tree Way, Ste.2, Antioch, CA. 94509Riad Laham, M.D. (anesthesiologist), 410 W. Main St., Ste. F, Merced, CA 95340 Ramaknishna P. Gollapudi, M.D., 3505 Lone Tree Way, Antioch, CA 94509 Allen Workman, M.D., 3700 Sunset Lane, Antioch, CA 94509 i 1 CERTIFICATE OF SERVICE BY HAND-DELIVERY 2 I, the undersigned, declare under penalty of perjury: that I am a citizen of the Unites States 3 and over the age of eighteen years; that I am not a party to the within action or proceeding; that 4 my business address is 1990 N. California Boulevard, Suite 740, Walnut Creek, California 94596; that on the date set forth below, I served a true and correct copy of: 5 NOTICE OF CLAIM AGAINST CONTRA COSTA COUNTY HOUSING AUTHORITY 6 7 8 by personally hand-delivering said document(s), to the parties listed below as follows: 9 10 Contra Costa County 11 Housing Authority 3133 Estudillo 12 Martinez, CA 94553 13 14 15 16 17 I declare under penalty of perjury of the laws of the State of California that the foregoing 18 is true and correct; that if called upon to testify to the facts herein stated, I could do so 19 competently. 20 Executed on August 1, 1994, at Walnut Creek, California. 21 22 23 KU . KELLERS GER 24 25 26 27 28 1 1 PROOF OF SERVICE BY MAIL -- CCP. &2015.5 & 41013(a) 2 3 I, the undersigned, declare under penalty of perjury of the laws of the State of California: 4 That I am a citizen of the United States and over the age of eighteen years; that I am not a party to the within action or proceeding; that my business address is 1990 N. California 5 Boulevard, Suite 740, Walnut Creek, California 94596; that on the date set forth below I served a true copy of: 6 CLAIM AGAINST CONTRA COSTA COUNTY HOUSING AUTHORITY 7 8 9 by depositing said copy in the United States Mail, at Walnut Creek, California, in a sealed 10 envelope, postage thereon prepaid, addressed as follows: 11 12 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED Contra Costa County 13 Housing Authority P. O. Box 2759 14 Martinez, CA 94553 15 ATTN: Jackie Tillman 16 17 18 19 20 21 22 At said time, there was regular delivery of the United States Mail between said places of deposit and address(es). 23 Executed at Walnut Creek, Contra Costa County, California, on August 1, 1994. 24 25 26SHARON HAA Y 27 28 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AUGUST 16, 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: Ur pown Section 913 and 915.4. Please note all arrfl!q u"r fr y g CLAIMANT:WAT=, Robert & Warren J U L 2 5 5994 ATTORNEY: Fortune & Healy COUNTY COUNSEL. c/o Anthony 0. Ricucci Date received MARTiNEZCALiF. ADDRESS: One Fmbarcadero Ctr. Ste. 1340 BY DELIVERY TO CLERK ON July 22, 1994 San Francisco, Ca 9+111 BY MAIL POSTMARKED: Federal Impress 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk Q DATED: 81: Deputy ll. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) 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 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). t Vl Other• 00AR , -- ks JQ _�D �b - _,r���� Dated: ? — uo —gt Lf BY: jfcue,Qti. etA ---- Deputy County Counsel 111. FRDM: 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 ( V�This Claim is rejected in full. t ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. D /� Dated: OHIL BATCHELOR, Clerk, By 9CL l �J e���.L • 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 warnina see reverse side of this notice. AFFIDAVIT OF MAILING 3 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 1n the United States Postal Service in Martinet, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. II 1)ated: BY: PHIL BATCHELOR by _ ("A�„p�a _ � Deputy Clerk CC: County Counsel County Administrator OFFICE OF COUNTY COUNSEL DEPUTIES: ' CONTRA COSTA COUNTY PHILLIP S. ALTHOFF SHARON L. ANDERSON BRANDON D. BAUM COUNTY ADMINISTRATION BUILDING ANDREA W. CASSIDY VICKIE L. DAWES P.O. BOX 69 MARKE S. ESTIS VICTOR J.WESTMAN MARTINEZ, CALIFORNIA MICHAEL D. FARR COUNTY COUNSEL 94553-0116 LILLIAN T. FUJII DENNIS C. GRAVES SILVANO B.MARCHESI TELEPHONE (510) 646-2074 GREGORY C. HARVEY ARTHUR W.WALENTA,JR. FAX (510) 646-1078 KEVIN T. KERR ASSISTANTS EDWARD V. LANE, JR. MARY ANN M. MASON PAUL R. MUNIZ July 26 , 1994 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Robert and Warren Wattles Fortune & Healy C/o Anthony 0. Ricucci One Embarcadero Center Suite 1340 San Francisco, CA 94111 RE: CLAIM OF: Robert and Warren Wattles dated July 21, 1994 Please Take Notice as Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 .2, or is otherwise insufficient for the reasons checked below: [] 1 . The claim fails to state the name and post office address of the claimant. [] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [] 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [] 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. [] 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10, 000) . If the claim totals less than ten thousand dollars ($10, 000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10, 000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [) 6 . The claim is not signed by the claimant or by some person on is behalf.. [X] 7 . Other: The claim is addressed to the State of California, State Board of Control , yet it was filed with Contra Costa County. VICTOR J. WESTMAN, County Counsel By: Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015.5; Evidence Code §§ 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: July 27, 1993 at Martinez, California. A CC: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE §§ 910, 910.2, 920.4, 910.8) TORT CLAIM State Board of Control Government Claims Division RECE9VE® P.O. Box 3035 Sacramento, Ca 95812-3035 jUL 2 2QQA CLERK BOARD of SUPERVISORS Counsel for Claimant: CONTRA COSTA CO. Fortune & Healey One Embarcadero Center, Ste 1340 San Francisco, Ca 94111 415-544-3010 1. Name of Claimants : 2. Dollar Amount of Claim: Robert Wattles & Warren Wattles Unspecified by plaintiff Isaacs c%Anthony O. Ricucci FORTUNE & HEALEY One Embarcadero Ctr., Ste 1340 San Francisco, CA 94111 Jurisdiction: Superior Court 3. When the Injury Occurred: 4. Where Injury Occurred: March 8, 1993 appx. 5:30 p.m. Note: Claimant served with Summons & Complaint Stone Valley Road, Contra Costa June 2, 1994 by Jack Isaacs (Contra Costa Supperior County 50-75ft. east of stop sign off Court No. C 94-00631) exit ramp from northbound 1-680 S. Circumstances Leading to Injury: 6. Specific Injuries Resulting From See 'Atachment" describing the acts and omissions of Alleged Actions: the.State of California as related to area of Stone Valley Road east of exit ramp from northbound I-680 Claimants struck rear of Jack Isaacs' vehicle allegedly causing unknown neck and back injuries. Damages cannot be presently calculated. 7. How Amount Claimed Computed: 8. Address for Official Notices Sums claimed remain unspecified at present time. & Correspondences Anthony O. Ricucci, Esq. FORTUNE & HEALEY (See above) 9. Att ney's gnatu 10. Preferred Hearing Location: San Francisco n onv O• 'cucci Claimant's Attorney ATTACHMENT As a result the acts and omissions of the State of California and its employees and agents, the section of Stone Valley Road just east of the off-ramp from northbound IS-680 is dangerous and poses unreasonable risk of injury to motorists exercising due care. The danger rises from the fact that in a very short distance Stone Valley Road is reduced from two lanes to one lane. In addition the stream of traffic at this point from the off-ramp is introduced. Thus, a total of three lanes of traffic merge into one eastbound lane. As a result of this funneling of traffic from three lanes to one lane in a distance which dos not meet reasonable design standards, the traffic bottlenecks, and is forced to come to sudden halts, resulting in numerous rear-end accidents, including claimant's accident. The State and its agents and employees failed to erect the proper warning signs and other regulatory measures to advise the motorists of the suddenly slowing or stopping traffic. Absence of signs was one cause, but not the sole cause of the dangerous condition. The condition constitutes a trap for a motorist utilizing the roadway in a reasonable fashion in that traffic suddenly halts without adequate prior warning. When Stone Valley Road was widened at or about the IS-680 overpass, a third lane for merging traffic was eliminated. This changed was not reasonable, violated design standards and created a dangerous condition of public property. If the widening and funneling features were designed, such designs were not reasonable and the designs could not have been reasonably approved. If in fact the design of this roadway was properly approved, conditions have changed substantially since the time of the design in that traffic volume has increased tremendously, creating an extremely dangerous condition of rapidly moving, merging traffic in an area which is not adequate to provide for safe merging. -2- 1 PROOF OF SERVICE BY MAIL (C.C.P. sections 1013a, 2015. 5) 2 I declare that: 3 4 I am a citizen of the United States and am employed at the Law Offices of Fortune & Healey in the City and County of San 5 Francisco, California; I am over the age of eighteen years and am not a party to the within action; my business and employment 6 address is One Embarcadero Center, Suite 1340, San Francisco, California, 94111. 7 That on July 21, 1994 , I served a true copy of the original 8 of the attached: 9 TORT CLAIM AGAINST STATE BOARD OF CONTROL 10 on all of the attorneys of record in the action, by depositing a true copy of the original thereof enclosed in a sealed envelope 11 with postage fully prepaid, in the United States mail at San Francisco, California, addressed as follows: 12 13 I declare, under penalty of perjury, that the foregoing is 14 true and correct. 15 EXECUTED ON July 21, 1994 at San Francisco, California. 16 17 KARIMA A. CRITTENDEN 18 19 20 21 22 23 24 25 26 27 28 FORTUNE & HEALEY ATTORNEYS AT LAW ONE EMBARCADERO CENTER,SUITE 1340 SAN FRANCISCO,CA 94111 PETER FORTUNE CAROL L.HEALEY TELEPHONE BRUCE C.TAYLOR (415)544-3090 ANTHONY 0.RICUCCI July 21, 1994 CURTIS A.CANFIELD FAX MARCO R.SUMARRIVA (415)544-3196 KEVIN M.SULLIVAN - Board of Supervisors 651 Pine Street, Rm 106 Martinez, CA 94553 Re: Isaacs v. Wattles, etc. , et al. Case No. : C94-00631 Dear Sir or Madam: Please refer to the instructions below marked with an "X" X We enclose our TORT CLAIM in the above case. Please file the original with the Court and return the file- marked copies in the envelope provided. Our check in the amount of is enclosed to cover fees. Issue the original Subpoena, conform all copies and return them in the envelope provided to this office. Secure the signature of the Judge on the original Order file the same and return the conformed, file marked copies to us in the envelope provided. Thank You. Very truly yours, FORTUNE & HEALEY RIMA CRITTENDEN Legal Assistant to ANTHONY O. RICUCCI :kc Enclosures AcoloQ 1 UUULI.AUll§W1j�&)SIU ru o I - i rr9 N _ m v I rn FQ� `m tt � E y� m m0 PSi loCc Mx 'V E Ln �a r N® m t G m c Q E v°ii a 3 �. o m 9 t z o ¢" t= d �, c°ti m m e LE- ! " U wxo ' x a2u a w�x- , x rn u 2= ® E Mia i _ ❑ °~ a :c o W � 4 v=i � ❑ N �i ? � iE W' v � ° � im � ❑ 3mw z� r ... 5Rt � � mCZi mZ zo�r � , i V i i W� � m . m1 ` l.,).. i i`m Q.e mii y Z U iu �., ❑cYi ;.W c�a `�' K hm O Q S = `U (� y ❑ k O vii �w i...; o ti'W 2-cO L • i O Oa' I2uT�S IV IN rniO J i .. Sv $Z _,=E ,2ig g a W � q i. 0,;C nc=�i � .��i�i � W W �mm H • wi NH� ,^ `ti S 0 i 'O� uC � �qu ? � Q O � S W a• ac (T M S i U,! tf? cWi( mLL �aE� 0 001-4 0 o coko � : S2 iC W �,J 2 d 'c El 1111 El El 1111 � � g co :a LU : G: Nt ;m � e�. rSi 0'U. m�NQyu =rn i Jiz ♦^l '7 iT vi W .y' t> c C} `¢ i Q 2 _ g ci cLi .5 oar� i o 61 ;:� O ¢ '^ c+� a U8 ria_-;FI CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AUGUST. 16, 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: Unknown Section 913 and 915.4. Please note all rnli;; CLAIMANT:TAVIS, Lisa on behalf of GONSALVES, Heather, a minor J U L 2 2 1994 ATTO;NEY:Douglas E. Kirkman COUNTY COUNSEL 1792 Tribute Rd. , Ste. 450 Date received MARTINEZCALIF. ADDRESS: Sacramento, CA 95815 BY DELIVERY TO CLERK ON July 21, 1994 BY MAIL POSTMARKED: July 20, 1994 Certified Mail 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IQV�{IL gATCHEIOR, Clerk pp� DATED: a a 19q 4 81�: Deputy �dJ , �A 00„ II. FROM: County Counsel 70: Clerk of the Board of Supervisors (✓)'This claim complies substantially with Sections 910 and 910.2. v ( ) 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: �"'Z —��{ BY c�- c.--- 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. 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. D /� Dated: 9 PHIL BATCHELOR, Clerk, By ( `�,,, D1J„„ , 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 BATCHELCIR by (' 1//�peputy Clerk CC: County Counsel County Administrator g aau-udait6aubaT �F y . ;s E F1,''. .6 4, 8 4 9 8, 'L 8 U $ s AdOO 33SS3aaav Ln tl CD v i y1 y C. �. �. ltll�M1M1M1 Y �� ��. O, acs w w w i 7- a $ ' / rz v 9 i rIle �t d ¢ a a 395 i "E .''i�at a '�� ..(off Y T T ''T � c�".. '�' '3a���'�'�'�� �, t �eS' �•� s.� r � c, _ .. _� �.•� .��+Y';-�sv azi ¢ ¢ �hie.-:rq� a �'��-�ai�"a�r��' �� } � .� r .. ci OILLH 6Q Ax Qi�� p• f nt" LLI � � LL §y 4 ,t aaS CS a-q ON �d El 14 IL §..f p Z '� +^gb 3Na Q tM u ge El - .4-A. © � � N��- G �'_ C �- r.0 '.N.N � ' TT� }S.�e tyke •. . .. BOARD OF aPERVISOP.S OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to caul-2s of action for death or for injury to person or to per- scnal property or g. _wing crops and which accrue on or before December �1, 1937 , 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 3s 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 for=. RE: Claim By ) Reserved for Clerk's filing stamp LISP-\TAVIS, on behalf of ) - HEATHER GONSALVES, a minor Against the Countv of Contra Costa ) or ) „�pl. 11 ,1994 EAST BAY REGIONAL PARK District) Y►SQRS (Fill in name ) A The urdersigred claimant hereby makes claim aEaninst the County of Contra Costa or the above-named District in the sum of $ Within the iuris- and in suppert of this claim represents as foilaws: diction of the SuperiorCourt 1. When did the damage or injury occur? (Give exact date and hour) M January 23,..1994: (daytime,, exact hour unknown) 2. where "did the 'a_..m..age or injury occur? (Include city and county) Lake Chabot Regional Park A paved recreation trail bordering Lake Chabot between the main parking lot and the concession, 17930 Lake Chabot Rd. , Castro Valley, 3. How did tie damage or injury occur? (Give full details; use extra paper if required) i See attached statement, paragraphs 5 to 13. 4. What particular act or omission on the part of county or district cffic=rs, servants or employees caused the injury cr damage? See attached statement, paragraphs 9 to 13. D rin-aL are tne np-mes of c-OLuity or district officers, servant's or employees causing h 2 ta:- _age in-i Unknown at this,--tim. ---------------------------------------- ;1 What damage or injuries do you claim resulted? (Give full extent of in4luries cr damages claimed. Al.-tach two estimates for auto damage. See attached statement, paragraph 5- ------—--------- ------- 7. How was the amount-claimed above computed? (Include the estimated amount of any prospective injury or damage.) Pursuant to Government code sec. 910(f) the claim is within(.±he jurisdiction of the Superior Court 8. Names and addresses of witnesses, doctors and hospitals. See attached Supplement to Claim Form —-----—------------- 9 List the expenditures you made on account of this accident or injury: DATE I' 'A . AYOUNT Pursuant to Government code section 910(f) the claim is within the jurisdiction of the Superior Court Gov. Code Sec. 910.-2 provides: "The claim must be signed t'by he c1=!m—?_,t SE-710 NC"7= -0'r - his . (Atto-ney) or by some oer;2aei2 N=,e and Ac:-ess of A�torney DOUGLAS E. KIRFqV1AN WAGNER, KIP101AN & BLAINE t xs 1792 Tribute Rd., Suite 450 Sacramento, CA, 95815 1792 Tribute Rd. , Suite 450 Sacramento, CA 95815 - - TeleDhcne No. (916) 9205286 I --rels--hore No. (916) 920-'5286 4 4 4 N 0 T 1 C F .section 72 of .6.--.e Penal Code pro-vides: "---very person who, with intent to defraud, presents for all-lowance r rnr payment to any state beard or officer, or to any county, cit'." or district wand _-r officer, authorized to allow or pay the same if genuine, any false --r f".--udulen� claim, bill, account, voucher, or writing, is punishable either by li=risc=e,t the countv . jail for a period of not more than one year, by a fine cf nct excee,_"-r� one thousand ($1,000), or by both such imprisonment and fine, or by impriso=,:ent ir, the state prison, by a fine of not exceeding ten thcusaumd dollars (Z'10,0100, cr ty both st!ch i=,,risorm-rent and fi-e. 1 DOUGLAS E. KIRKMAN (State Bar No. 53892) CARL P. BLAINE (State Bar No. 65229) 2 WAGNER, KIRKMAN & BLAINE Attorneys at Law 3 1792 Tribute Road, Suite 450 Sacramento, California 95815 4 (916) 920-5286 5 Attorneys for Claimant 6 7 8 9 10 11 Claim of: AMENDED 12 LISA TAVIS, on behalf of HEATHER CLAIM FOR PERSONAL INJURIES GONSALVES, a minor, (Govt Code § 910) 13 Claimant, 14 V. 15 COUNTY OF CONTRA COSTA, 16 Public Entity. 17 18 TO THE COUNTY OF CONTRA COSTA: 19 YOU ARE HEREBY NOTIFIED that LISA TAVIS, on behalf of HEATHER 20 GONSALVES, a minor, claims damages from COUNTY OF CONTRA COSTA as 21 follows: 22 1. The name and mailing address of Claimant are: LISA TAVIS, 23 on behalf of HEATHER GONSALVES, a minor, 555 Superior Avenue, San 24 Leandro, California 94577. 25 2 . The post office address to which the person presenting the 26 claim desires notices to be sent is: Douglas E. Kirkman, Wagner, 27 Kirkman & Blaine, 1792 Tribute Road, Suite 450, Sacramento, 28 California 95815. CPB:den/06-16B.D15 1 1 3 . The date of the occurrence which gave rise to the claim 2 asserted is: January 23, 1994. 3 4 . The place of the occurrence is: Lake Chabot Regional 4 Park, in the unincorporated City of Castro Valley, County of 5 Alameda, California. 6 5. The circumstances of the occurrence which gave rise to the 7 claim asserted are as follows: 8 (a) On Sunday, January 23, 1994, Claimant LISA TAVIS 9 dropped off her seven year old daughter HEATHER GONSALVES 10 ("GONSALVES") and two others at the main parking lot at Lake 11 Chabot Regional Park. GONSALVES was left there for a bicycle 12 ride and proceeded along the West Shore Trail. GONSALVES while 13 on her bicycle proceeded along the paved trail just below the 14 parking lot and was heading in the direction of the 15 concessions. 16 (b) The paved trail on which GONSALVES was riding her 17 bicycle had a number of raised asphalt bumps, tree root 18 protrusions or blemishes which varied in length, ran 19 perpendicular to the trail and some had heights of 20 approximately six (6) inches. Adjacent to the asphalt trail 21 on either side was a row of trees. 22 (c) These tree root protrusions, bumps or blemishes on 23 the paved trail caused GONSALVES to lose control of her bicycle 24 with the front wheel and handle bars simultaneously turning a 25 hard left and resulting in the bicycle, along with GONSALVES, 26 falling to the left side and smashing down on the pavement. 27 (d) As a result of the fall, GONSALVES suffered scrapes 28 and abrasions to both hands and fingers along with an CPB:den/06-16B.D15 2 1 approximate two inch hole on her chin which exposed the chin 2 bone. She also suffered a bruised right cheek bone, jaw bone 3 and chin bone. 4 (e) GONSALVES was transported to Eden Hospital where she 5 received about twenty (20) stitches to close the skin over the 6 chin. 7 (f) At the time of the occurrence GONSALVES was wearing 8 a helmet along with elbow pads and knee pads with plastic 9 plates or coverings. 10 6. Claimant is informed and believes that COUNTY OF CONTRA 11 COSTA controls, manages, operates and owns the EAST BAY REGIONAL 12 PARK DISTRICT. Claimant is informed and believes that, together, 13 COUNTY OF CONTRA COSTA and EAST BAY REGIONAL PARK DISTRICT control, 14 own, maintain and manage the Lake Chabot Regional Park and the paved 15 trail where the accident occurred. For purposes of this claim, 16 Claimant is informed and believes, at all times herein mentioned, 17 that EAST BAY REGIONAL PARK DISTRICT was the agent of COUNTY OF 18 CONTRA COSTA and in doing the things hereinafter alleged was acting 19 in the scope of such agency and with the permission and consent of 20 COUNTY OF CONTRA COSTA. 21 7. EAST BAY REGIONAL PARK DISTRICT, as agent of COUNTY OF 22 CONTRA COSTA and as owner, maintainer, controller, manager, lessor 23 and operator of the Lake Chabot Regional Park and paved trail, 24 willfully or maliciously failed to guard or warn against the 25 dangerous condition and use of the trail. The individual agents or 26 employees of COUNTY OF CONTRA COSTA who are responsible for 27 willfully or maliciously failing to guard or warn against the 28 dangerous condition and use of the trail are unknown to Claimant at CPB:den/06-166.115 3 1 this time. 2 8. HEATHER GONSALVES was a recreational user and an invited 3 guest. 4 9. EAST BAY REGIONAL PARK DISTRICT, as agent of COUNTY OF 5 CONTRA COSTA, was the owner, maintainer, controller, manager, lessor 6 and operator of public property on which the dangerous condition 7 existed, to wit: a paved trail used by bicyclists which contained 8 raised asphalt bumps, tree root protrusions or blemishes varying in 9 length and height, some of which approximating six (6) inches in 10 height. 11 10. EAST BAY REGIONAL PARK DISTRICT, as agent of COUNTY OF 12 CONTRA COSTA, had constructive notice of the existence of the 13 dangerous condition in sufficient time prior to the injury to have 14 corrected it. The location of the trail where the accident occurred 15 had adjacent to it on either side a row of trees whose roots had 16 grown under the asphalt surface causing it to have bumps, blemishes 17 and tree root protrusions on the surface of the trail, a condition 18 which could be created only over a long period of time prior to the 19 injury and easily observed. 20 11. Claimant is informed and believes that EAST BAY REGIONAL 21 PARK DISTRICT, as agent of COUNTY OF CONTRA COSTA, had actual 22 knowledge of the existence of the condition and knew or should have 23 known of its dangerous character in sufficient time prior to January 24 23 , 1994, to have taken measures to protect against the dangerous 25 condition. The injuring conditions were of such an obvious nature 26 that the EAST BAY REGIONAL PARK DISTRICT, as agent of COUNTY OF 27 CONTRA COSTA, in the exercise of due care should have discovered the 28 condition and its dangerous character. CPB:den/06-16B.D15 4 1 12 . Claimant alleges that the acts and/or omissions of EAST 2 BAY REGIONAL PARK DISTRICT, as agent of COUNTY OF CONTRA COSTA, and 3 those of its agents and employees were the legal and proximate cause 4 of the injuries to plaintiff. 5 13 . The amount claimed is within the jurisdiction of the 6 Superior Court. 7 Dated: July`" , 1994. WAGNER, KIRKMAN & BLAINE 8 9 By: 10 CARL . BLAINE Attorney for Claimant 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CPB:den/06-16B.D15 5 Supplement to Claim To: Board of Supervisors of Contra Costa County 8. Names and addresses of witnesses, doctors and hospitals: Witnesses: Gonsalves, George (victim's father) 550 Superior Avenue San Leandro, CA 94577 Brillon, Jesse (victim's half brother) (510) 373-1501 Doctors: Unknown at this time. Hospitals: Eden Hospital Medical Center Eden Emergency Medical Group Eden Radiology Medical Group CPB:den/06-17.B02 1 PROOF OF SERVICE 2 Case Name: Tavis, etc. v. County of Contra Costa Court: 3 Case No. : 4 I am a citizen of the United States, employed in the City and County of Sacramento. My business address is 1792 Tribute Road, 5 Suite 450, Sacramento, California 95815. I am over the age of 18 years and not a party to the above-entitled action. 6 I am familiar with Wagner, Kirkman & Blaine's practice whereby 7 the mail is sealed, given the appropriate postage and placed in a designated mail collection. Each day's mail is collected and 8 deposited in a United States mailbox after the close of each day's business. 9 ,�PO On July 1 , 1994, I served the following: 10 Amended Claim for Personal Injuries (Gov't Code § 910) with 11 entity provided form 12 [X] (BY EXPRESS MAIL) for NEXT DAY DELIVERY on the parties in this action by causing a true copy thereof to be placed in a 13 sealed envelope with postage thereon fully prepaid in the designated area for outgoing mail WITH RETURN RECEIPT 14 REQUESTED 15 [ ] (BY PERSONAL SERVICE) on the parties in this action by causing a true copy thereof to be delivered by hand to the 16 offices of the addressee(s) 17 addressed as follows: 18 Clerk, Board of Supervisors Room 106, County Administration Building 19 651 Pine Street Martinez, CA 94553 20 I declare under penalty of perjury under the laws of the State of 21 California that the foregoing is true and correct and that this Declaration was executed on July 1994, at Sacramento, 22 California. 23hylnt-� (1�� 24 Dorothea E. Nesbitt DNProofs/Tavis 25 26 27 28 RECEIVED FrR E C ECS -D WAGNER E JUL 2 11994 &BLAINE CLERK BOARD OF ORS SUPERVISORS CONTRA COSTA CO. AttorneysatLaw July 19, 1994 VIA EXPRESS MAILIRETURN RECEIPT REQUESTED Clerk, Board of Supervisors Room 106, County Administration Building 651 Pine Street Martinez, CA 94553 Re: Claim of Lisa Tavis, on behalf of Heather Gonsalves, a minor Our File No. 4943 . 001 Dear Sir: Pursuant to Government Code section 911.2, enclosed please find an original and one copy of Claimant's amended claim directed to the County of Contra Costa. Please return a received stamped copy in the envelope provided. If you have any questions or concerns, please do not hesitate to contact this office. Very try'ly yours! W R KIRKMAN BLAINE CA L P. LAINE CPB:den/CPB7-6. 033 Enclosure 1792 Tribute Road•Suite 450 350 Crown Point Circle•Suite 200 Sacramento,California 95815 Grass Valley, California 95945. (916) 920-5286 (916) 272-2577 FAX (916) 920-8608 FAX (916) 272-8865 7 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AUGUST 16, 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: $100,000.00 Section 913 and 915.4. Please note all •warnings". CLAIMANT: SEALS, Brenda , ATTORNEY: Thomas C. Crenshaw J O L 2 7 1990V P.O. Box 10705 Date received COUNTrCOUNSEL ADDRESS: Oakland, CA 94610-0705 BY DELIVERY TO CLERK ON July 27�AM ZCALiF. BY MAIL POSTMARKED: July 26, 1994 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppH ggA � DATED: 02 BaJI DepuLyLOR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors V) This 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 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: -Z?'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). 1V. BOARD ORDER: By unanimous vote of the Supervisors present ( v) 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: OHIL BATCHELOR. Clerk, By� , , , 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 neposited 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 1n 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 7: 1 �0 o baa v �...r 0Ca � o Cc tt111. 0 0, W a . a� L:o 0 r . O t� o d, w x tiU, � � 0 a � a Y d O ` CLAIM AGAINST COUNTY OF CO TRA COSTA CLAIMANT'S NAME: BRENDA SEALS AMOUNT OF CLAIM: $ 100.000.00 CLAIMANT'S ADDRESS: c/o Law Offices of Thomas C. Crenshaw P.O. Box 10705 Oakland, CA 94610-0705 ADDRESS TO WHICH NOTICES ARE TO BE SENT: SAME RECEIVE® im 2 Z 1994 . DATE OF ACCIDENT: April 4, 1994 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. LOCATION OF ACCIDENT: CONTRA COSTA COMMUNITY COLLEGE Roadway between 2400 and 2410 Lancaster Drive Richmond, CA DESCRIBE HOW ACCIDENT OCCURRED: While walking from my apartment to A.C. Transit stop at Contra Costa Community College, my feet came into contact with a defective condition existing between 2400 and 2410 Lancater DESC122BEhITIJ U1p8airj%&G�eet to slip/trip/fall and to .proximately cause the injuries described betow: Compound fracture of right humerus and femure NAME OF PUBLIC EMPLOYEE OR EMPLOYEES CAUSING INJURY OR DAMAGE, IF KNOWN: UNKNOWN ITEMIZATION OF CLAIM: (List items totaling amount set forth above. ) Medical Specials $ 20,000 Pain & Sufferain $ rag,000 - I ost Wages $ 20,900 TOTAL $ 100"00q.00 Signed by or on behalf o;_clai NOTE: CLAIM FORM MUST BE FILED IN DUPLICATE. BOTH COPIES MUST BE SIGNED. PROOF OF SERVICE BY MAIL - CCP §1013 (a) , 2015.5 I declare that: I am employed in Alameda County, California. I am over the age of 18 years and not a party to the within cause; my business address is P.O. Box 10705 Oakland, California 94610-0705. I am readily familiar with this firm's practice for collection and processing of correspondence for mailing with the United States Postal Service. On July 25, 1994, I served the within, CLAIM AGAINST PUBLIC ENTITY in said cause by placing for collection and mailing a true copy thereof, which true copy will be deposited in the ordinary course of business on said date with the United States Postal Service, in a sealed envelope with postage thereon fully prepaid, addressed as follows: A.C. TRANSIT CLERK OF THE BOARD Claims Department County of Contra Costa 1600 Franklin St. 651 Pine Street, Rm. 106 Oakland, CA 94612 Martinez, California 94553 Mr. Chuck Ely Vice-Chancellor of Business Services Contra Costa Community College District 500 Court Street Martinez, CA 94553 I declare under penalty of perjury under the laws of the State of California that the foregoing is true a d correct, and that this declaration was executed on July 25, 19 4 at Oakland, California. ----------- 77 .J C: P/SMAIL 1 -2 -7 APPLICATION TO FILE LATE CLAIM AUGUST 16, 1994 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the wWARNING" below. Claimant: smlf, Tyrone George �- Attorney: i, .tJ.`�, COUNTY COUNSEL Address: 373 Ellis St.,Xoronado Hotel, #307 MARTtNEZCALtt=. San Francisco, CA 94102-2709: Amount: $500.00 By delivery to Clerk on. July 21,1994 Date Received: July 21, 1994 By mail, postmarked on July 19, 1994 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: PHIL BATCHELOR, Clerk, By � o,�- . re a QQ„ Deputy II. : County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Claim (Section 911.6). DATED: a7 g VICTOR WESTMAN, County Counsel, By; ry---cam- eputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (� This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.. ll DATE: PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. n DATED: PHIL BATCHELOR, Clerk, By��l' ��,.� �� Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED:_ County Counsel, By rn = County Administrator, By ,i APPLICATION TO FILE LATE CLAIM 9 V i KV,'02-41 s 1s .r s .� ie r N " 4 O N a �.aL' MG`7 1 TYRONE._GEORGE--SMITH _— r 2 373 ELLIS ST. CORONADO HOTEL, # 307 3 SAN FRANCISCO, CALIFORNIA 941-02-2709. RECEIVE® 4 THE BOARD OF[,-SUPERVISORS JUL 2 119% 5 CONTRA COSTA COUNTY COUNTY ADMINISTRATION BLDG. 6 651 PINE ST. RM. 106 CLERK BOARD OF SUPERVISORS MARTINEZ, CALIFORNIA 94553 COI�Ti�A CQSTA CO. 7 8. Dggr Members of the Board, Et Al 9 My claim for personal property was not .filed late:: Also, please 10 note that the destroyecVproperty I*4m filing this claim for did not arise on 11 Jan. 1 , 1988. 12 13 WHY MY-CLAIM FOR PERSONAL PROPERTY IS NOT LATE 14 15 As I've stated pri�,Izously, I was in Contra Costa County jail from 16 April 1:993 up to June 16th, 1993 on the same matter involving the de- 17 stroyed personal propertygI'm now seeking compensation for. Since my release 18 on 6-16-93 I've been continuously'in contact with the property room in 19 Martinez, California, and Det. Yamamoto in efforts to recov+y (now de- 20 stroyed) briefcase. For some reason I never received authorization from 21 Det. Yamamoto to psck up my property. But my main point is that Since my 22 release I made frequent efforts to get my briefcase. Det. Yamamoto and the 23 property room in Martinez will confirm that I was freauently in contact. 24 Why would I abandon my $500.00 briefcase? 25 Evefilthough I dont believe my-claim was late, I hereby file for 26 leave to present a late claim, pursuant to germane Govt. code sections. 27 28 y: 2. 1 2 APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM 3 Since time is critical, and I do not have the resources at present. 4 to hire an attorney, or the time to do the necessary research, I ask the 5 board to .liberally construe my motion eIrrequest for permission to file 6 late. Therefore, I let_�:my application stand as it is. 7 8 Respectfully 9 10 11 TYRONE GEORGE SMITH 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 t: CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA August 16, 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: $2,753.00 + Section 913 and 915.4. Please note-al-1, '!Warnings". CLAIMANT: PICCHI, Roger A. 9ea ATTORNEY: Eric L Laurence COUNTYCOUNSEL Steinhart & Falconer Date received MARTINEZCALIF. ADDRESS: 333 Market St. , Thirty-Second F1oorBY DELIVERY TO CLERK ON August 1, 1994 San Francisco, CA 94105-2150 Hand Delivered BY MAIL POSTMARKED: via: Risk Mgmt. 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QQN IL eATCHELOR, Clerk �4j J DATED: AA.,,,4- �. ,/991 8Y: Deputy ,Lo 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) 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 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: "-I - 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). 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 O �� a.�1J,, . 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 neposited in the mail to file a court action on this claim. See Government Code Section 945.6. VDu 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 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: 7 mi BY: PHIL BATCHELOR by L.fL .:= Deputy Clerk CC: County Counsel' County Administrator OFFICE OF COUNTY COUNSEL DEPUTIES: CONTRA COSTA COUNTY PHILLIP S. ALTHOFF SHARON L. ANDERSON BRANDON D. BAUM COUNTY ADMINISTRATION BUILDING ANDREA W. CASSIDY VICKIE L. DAWES P.O. BOX 69 MARKE S. ESTIS VICTOR J.WESTMAN MARTINEZ, CALIFORNIA MICHAEL D. FARR COUNTY COUNSEL 94553-0116 LILLIAN T. FUJII DENNIS C. GRAVES SILVANO B.MARCHESI TELEPHONE (510) 646-2074 GREGORY C. HARVEY ARTHUR W.WALENTA,JR. FAX (510) 646-1078 KEVIN T. KERR ASSISTANTS EDWARD V. LANE, JR. MARY ANN M. MASON PAUL R. MUNIZ August 1, 1994 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Eric L. Lawrence Steinhart & Falconer 333 Market Street, 32nd Floor San Francisco, CA 94105-2150 RE: CLAIM OF: Roger Picchi Please Take Notice a's Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of ,,California Government Code Section 910 and 910 .2, or is otherwise insufficient for the reasons checked below: [X] 1 . The claim fails to state the name and post office address of the claimant. [] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [X] 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [] 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. [] 5 . The claim „fails to state whether the amount claimed exceeds ten thousand dollars ($10, 000) . If the claim totals less than ten thousand dollars ($10, 000) , the claim fails to state the ,I -t amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10, 000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [] 6 . The claim is not signed by the claimant or by some person on is behalf . [] 7 . Other: VICTOR J. WESTMAN, County Counsel By: / Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§I11012, 1013a, 2015.5; Evidence Code §§ 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an 'envelope addressed as shown above, sealed- and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: August 1, 1994 at Martinez, California. CC: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:, GOVT. CODE §§ 910, 910.2, 920.4, 910.8) JUL-26-1994 10:10 FROM CCC BUCH"N AIRPORT TO 62547 P.02 STE:INHART & FALCONER A PARTNERSHIP INCLUDING 0RCWCSSX>MAL C0000PAVOnt. ATYORNEYS 333 MARKET STREET.THIRTY-SECOND FLOOR FACSIMILE(41s)4AZ.0036 SAN FRANCISCO, CALIFORNIA 9-dI05-2150 FACSIMILE(All-)442;OS391 (4t5) 777-3999 July 19, 1994 Director RECEIVED Department of Public Works County of Contra Costa Lgin 1 1994 255 Glacier Drive Martinez, California 94553 CLERK BOARD OF SUPERVISORS L��CoCOSTA IAI�i uTRACO. Re: Site CH-5 d Buchanan Field Airport Dear Sir: We represent Roger A. Picchi, the lessee under that certain lease between Buchanan Field Airport and Mr. Picchi effective on November 5, 1991, for the referenced site (the "Lease"). Mr. Picchi has observed with concern the operations of Ranger Construction, the lead contractor on behalt.of the County, to install a forced sewer main along Marsh Drive. These operations apparently consist of high-volume groundwater pumping and discharge of that effluent into a ditch along Marsh Drive. In addition, Mr. Picchi has observed County and other tank trucks dumping liquids onto the ground adjacent to his site on the southwest and the west for some time. He has been informed that this water vurisists of -treated" water from the local sewage plant and is concerned that these liquids may also contain heavy metals cr other contaminants that may affect soil or groundwater underlying Site CH-5. Mr. Picchi is also concerned that groundwater pumping activities could have the effect of drawing contaminants from area aquifers or discharging contaminants onto his parcel, which is located on a low-lying parcel and is an area of historic drainage for properties in the vicinity. Mr. Picchi also has information indicating that non- potable treated water is being used to fill a golf course pond upgradient and to the southwest of Site CH-5 and that underground gasoline tanks formerly operated in connection with airfield activities have been improperly abandoned in place at the airfield. Finally, Mr. Picchi has recently learned that an herbicide not normally legally applied in California is being used by the County under special permit to control Starthistle in the vicinity of his property and has damaged trees and other plants on his proper Ly. JUL-26-1994 10 16 510 646 5731 96% P.02 juL-26-1994 le:le FROM CCC BUCHANAN AIRPORT TO 62547 P.03 STEINHAR-r & FALCONER July 19, 1994 Manager of Airports Page 2 If the groundwater currently being extracted and discharged into the ditches along Marsh Drive and Center Street, the liquid being discharged from trucks, the abandoned gasoline tanks, golf-course pond water, or the herbicide being used to control Starihistle contain or are contaminated with hazardous substances, pollutants or contaminants, Site CH-5 could become contaminated. As a preliminary matter, Mr. Picchi wishes to learn whether the water being discharged to the ditch or neighhoring properties (including the golf course) has been analyzed for hazardous constituents, whether monitoring wells have been installed on the project sites to determine whether they are causing the rn- :19ratior. of contaminants, and the results of any such analysis. Mr. Picchi has constructed and operates a monitoring well on Site CH-5 to evaluate whether pollutants, contaminants or hazardous substances are migrating onto his property from other portions of the airfield. That well is approximately 20 feet deep and contains groundwater at about seven feet below ground surface which could be affected by these operations. As a tenant under the Lease with the County, Mr. Picchi is not permitted to "suffer to be committed, any waste upon the premises, or any other nuisance or other act or thing which may disturb the quiet enjoyment of the use of Buchanan Field Airport or surrounding property." Further, the Lease requires that he "ensure that no untreated liquid waste from any type of operation, not permitted to be discharged directly into the Airport storm drainage or sanitary system . . . will enter the Airport storm drainage system or sanitary system." Please confirm whether the operations along Marsh Drive have been permitted to make such discharges- By copy of this letter to Mr. Wight, we are also inquiring whether other lessees of sites at Buchanan Field are subject to the above-referenced lease terms. In the event the pumping operations have the effect of drawing contaminants across Site CH-5 from sources downgradient from the pumping area or in the event that contaminated discharges to the ditch along Marsh Drive or to other areas adjacent to Site CH-5 have affected soil or groundwater on or adjacent to Site CH-5 such that Mr. Picchi is required to expend funds to remedlate or otherwise respond to these impacts, he would invoke his indemnity rights against the County under Paragraph 14A of the Lease. In addition, Mr. Picchi is, by copy of this letter to Mr. Wight, making a claim for $2,753 in estimated damages to foliage on his property caused by the Starthistle herbicide. A breakdown of those costs, prepared by a contractor and assuming no soil replacement is required and no soil disposal costs are incurred, is enclosed with this letter. If Mr. Wight disputes this claim, we ask that he so inform us within thirty (30) days. JUL-26-1994 1016 510 646 5731 96% P.03 JUL-26-1994 10=11 FROM CCC BUCHANAN AIRPORT TO 62547 P.04 STEINHART & FALCONER July 19, 1994 Manager of Airports Page 3 The County's prompt response to these inquiries and requests will be oppreciated. Very truly yours, Eric aurence ELL:ems Enclosure cc: Mr. Hal Wight (with encl.) Mr. Roger A. Picchi (with encl.) Robb A. Scott, Esq. (with encl.) JUL-26-1994 10:17 510 646 5731 96% P.04 JUL-26-1994 10:11 FROM CCC BUCHANAN AIRPORT TO 62547 P.05 1 Ice Plants S 40.00 Snow in Summer 128.00 Red & Blue Ground Cover 65.00 1 Tilton Apricot ($165 x 1) 165.00 3 Betula Pandola Std. ($235 @ T) 705.00 1 Santa Rosa Plumb ($165 x 1) 165.00 1 Randoment Nectarene (S 165 x 1) 165.00 $1,433.00 Labor: Pick up material (4 hrs. at $50/hr) 200.00 Remove old trees & ground cover 500,00 . Plant new trees 300.00 Plant ground cover (16 hrs) 320.00 $1,320.00 TOTAL* $2 0 •This figure assumes the ground does not require removal and disposal. TOTAL P.05 JUL-26-1994 10:1? 510 646 5731 96% P.05 CONFIDENTIAL COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA MEMORANDUM Date: August 1, 1994 To: Jeanne Maglio, Clerk of the Board of Supervisors FROM: Victor J. Westman, County Counsel �I By: Gregory C. Harvey, Deputy County Counsel Re: Buchanan Field Airport Please treat the attached as a claim. Thank you. GCH/jh JUL-21-1994 09:07 FROM CCC BUCHANAN AIRPORT TO COUNTY COUNSEL P.01 - STEINHART & FALCONF-R t` 1 2 0 l,0Gr. A rhR7aEFt5ts+a 7mC4.U0044 0ROtE5510NRt Ct7aQQRhYt0rcs . ,ATTP1 i:2N EYS ' 333 MARKET STREET.YMIRTY•5£CONO FLOOR PACSIMILC 44M)44F-OAs6 SAN FRANCISCO, CALIFORNIA 9.4105-8150 rhCVM1L%4415144R-0839 July 19, 1994 �t-9Y pest it'"brand fax twansmittal memo 7m Director �► TM + Department of Public Works ca County of Contra Costa „ Ph* •y 255 Glacier Drive r �'" Ax*. Martinez, Californiai,94553 Re: Site CH-5 W Buol anan_Field Alm-ft Dear Sir: We represent Roger A. Picchi, the lessee under that certain lease between Buchanan Field Airport and Mr. Picchi effective on November 5, 1991, for the referenced site (the "Lease"). Mr. Picchi has observed with concern the operations of Ranger Construction, the lead contractor on behalf ur the County, to Install a forced sewer main along Marsh Drive. These operations apparently consist of high-volume groundwater pumping and discharge of that effluent Into a ditch along Marsh ©rive. in addition, Mr. Picchi has observed County and other tank trucks dumping liquids onto the ground adjbcent to his site on the southwest and the west for some time. He has been informed that this water consists of "treated" water from the luc:al sewage plant and is concerned that these liquids may also contain, heavy metals or other contaminants;.that may affect soil or groundwater underlying Site CH-5. Mr. Picchi is also concerned that groundwater pumping activities could have the effect of drawing contaminants from area aquifers or discharging contaminants onto his parcel, which is located on a low-lying parcel and is an area of historic drainage for properties in the vicinity. Mr. Picchi also has information indicating that non- potable treated water is being used to fill a golf course pond upgradient and to the southwest of Site CH-5 and that underground gasoline tanks formerly operated in connection with airfield activities have been improperly abandoned in place at the airfield. Finally, Mr:, Picchi has recently learned that an herbicide not normally legally applied in California is being used by the County under special permit to control Starthistle in the vicinity of his property and has damaged trees and other plants on his property. JUL-21-1994 09:07 510 646 5731 P.001 JUL-21-1994 09:07 . FROM CCC BUCHANAN AIRPORT TO COUNTY COUNSEL P.02 STF-INHART & FALCONER July 19, 1994 Manager of Airports Page 2 If the groundwater currently being extracted and discharged Into the ditches along Marsh Drive and Center Street, the liquid being discharged from trucks, the abandoned gasoline tanks, golf-course pond water, or the herbicide being used to control Starthistle contain or are contaminated with hazardous substances, pollutants or contaminants. Site CH-5 could become contaminated. As a preliminary matter,., Mr. Picchi wishes to learn whether the water being discharged to the ditch or neighboring hboring properties (including the golf course) has been analyzed for hazardous constituents, whether monitoring wells have been installed on the project sites to determine whether they are causing the migration of contaminants, and the results of any such analysis. Mr. Picchi has constructed and operates a monitoring well on Site CH-5 to evaluate whether pollutants, contaminants or hazardous substances are migrating onto his prop" from other portions of the airfield. That well Is approximately 20 feet deep and contains groundwater at about seven feet below ground surface which could be affected by these operations. As a tenant under the Lease with the County, Mr. Picchi is not permitted to "suffer to be committed, any waste upon the premises, or any atter nuisance or other act or thing which may disturb the quiet enjoyment of the use of Buchanan Field Airport or surrounding property." Further, the Lease requires that he "ensure that no untreated liquid waste from any type of operation, not permitted to be discharged directly into the Airport storm drainage or sanitary system . . . will, enter the Airport storm drainage system or sanitary system." Please confirm whether the operations along Marsh Drive have been permitted to make such discharges, By copy of this letter to Mr, Wight, we are also inquiring whether other lessees of sites dt Buchdrian Field are subject to the above-referenced lease terms. In the event the pumping operations have the effect of drawing contaminants across Site CH-5 from sources downgradient from the pumping area or in the event that contaminated discharges to the ditch along Marsh Drive or to other areas adjacent to Site CH-5 have affected soil or groundwater on or adjacent to Site CH-5 such that Mr. Picchi is required to expend funds to remediate or otherwise respond to these impacts, he would invoke his indemnity rights against the County under Paragraph 14A of the Lease. In addition, Mr. Picchi is, by copy of this letter to Mr.,I,Wight, making a claim for $2,753 in estimated damages to foliage on his property caused by the Starthistle herbicide. A breakdown of those costs, prepared by !'a contractor and assuming no soil replacement is required and no soil disposal costs are incurred, is enclosed with this letter. If Mr. Wight disputes this claim,: we ask that he so inform us within thirty (30) days. JUL-21-1994 0907 510 646 5731 P.002 JUL-21-1994 Q9:,08 . FROM CCC BUCHANAN AIRPORT TO COUNTY COUNSEL P.03 • STEINHART & FALCONER t July 19, 1994 Manager of Airports Page 3 The County's prompt response to these inquiries and requests will be appreciated. Very truly yours, Eric aurence ELL:ems Enclosure cc: Mr. Hat Wight (with encl.) Mr. Roger A. Picchi (with encl.) Robb A. Scott, Esq. (with encl.) JUL-21-1994 09:07 510 646 5731 P.003 JUL-21-1994 09:08 FROM CCC EUCHANAN AIRPORT TO COUNTY COUNSEL P.04 Ice Plants S 40.00 Snow in Summer 128.00 Red & Blue Ground Cover 65.00 1 Tilton Apricot ($165 x 1) 165.00 3 Betula,Pandola Std. 0235 7') 705.00 1 Santa Rosa Plumb ($165 x 1) 165.00 1 Randoment Nectarene ($165 x 1) 165.00 $1,433.00 Labor: Pick up material (4 hrs. at 050/hr) 200.00 Remove old trees & ground cover 500.00 Plant new trees 300.00 Plant ground cover (16 hrs) 320.00 t1,320.00 TOTAL* *This figure assumes the ground dries not require rerrwval and disposal. TOTAL P.04 JUL-21-1994 09 08 510 646 5731 P.004 /• a7 CLAIM August 16, 1994 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of Cal)fornia Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below). given pursuant to Government Code Amount: $2,000,000.00 � r,b�9�� n. Section 913 and 915.4. Please note all "Marnin sa":. �� CLAIMANT: PERRIN, Connie Lee and PERRIN Erica Marie Louise ATTORNEY: Larry E. Cook OUNfTYCOUPNSEL Casper, Meadows & Schartz Date received MAR,TINEZCALIF. ADDRESS: 2121 North California Blvd. BY DELIVERY TO CLERK ON July 28, 1994 Suite 1020 Walnut Creek, California 94596 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: U tbz a&, ���� JYIL BTTCVELOR, Clerk 11. FROM: County Counsel T0: 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: 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 ( v")' This Claim is refected 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.- e , 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 my 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 1n 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:- AU / ' J 51 BY: PHIL BATCHELOR by Deputy Clerk ff CC: County Counsel County Administrator 1 LARRY E. COOK, State Bar No. 122776 CASPER, MEADOWS & SCHWARTZ 2 A Professional Corporation 2121 North California Boulevard, Suite 1020 3 Walnut Creek, California 94596 Telephone: (510) 947-1147 4 Attorneys for Claimants RECEIVED 5 CONNIE LEE PERRIN and ERICA MARIE LOUISE PERRIN, An Infant 8 r04 6 , 7 CLERK BOARD OF SUPE _ pp CONTRA COSTA CO. 8 9 CONNIE LEE PERRIN and ERICA CLAIM FOR PERSONAL INJURIES 10 MARIE LOUISE PERRIN, an Infant, (Government Code § 910) 11 vs . ' 12 MERRITHEW MEMORIAL HOSPITAL. 13 / 14 TO: BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 15 YOU ARE HEREBY NOTIFIED that Connie Lee Perrin and Erica 16 Marie Louise Perrin, an infant, whose address is 111 Aspen 17 Drive, No.' 24, Pacheco, California 94553, claim damages from 18 Merrithew Memorial Hospital in the amount, computed as of the 19 date of presentation of this claim, of $2,000,000 . 00 . 20 11 This claim is based on personal injuries sustained by 21 claimants during the prenatal care, treatment, and delivery of 22 Erica Marie Louise Perrin on or about January 28, 1994 . �3 Thei injuries sustained by claimants, as far as known, as 24 11 of the date of presentation of this claim, consist of Fetal 25 Maternal Transfusion Syndrome which has resulted in Erica Marie 26 Louise Perrin being profoundly deaf. 27 The amount claimed, as of the date of presentation of 28 CASPER,MEADOWS &SCHWARTZ A Professional Corporation — 1 — 2121 North California Boulevard Suite 1020 Walnut(Creek,California 94596 947-1147 FAX(510)947-1131 0 1 this claim,' is $2,000,000 .00 for general damages . 2 Jurisdiction over the claim would rest in the Superior 3 Court of the State of California, Contra Costa County. 4 All notices or other communications with regard to this 5 claim should be sent to claimant at the following address: 6 Larry E. Cook Casper, Meadows & Schwartz 7 2121 No. California Blvd. , Suite 1020 Walnut Creek, California 94596 8 9 Dated: July 27, 1994 10 CASPER, MEADOWS & SCHWARTZ A Professional Corpora n 11 12 - 13 BY: Y E. COOK Attorneys for Claimant 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASPER,MEADOWS &SCHWARTZ A Professional Corporation _ 2 _ 2121 North California Boulevard Suite 1020 Walnut Creek California 94596 7-1147 FAX(510)947-1131 1 RE: Claim�'for Personal Injuries of Connie Lee Perrin and Erica Marie Louise Perrin 2 3 PROOF OF SERVICE BY HAND DELIVERY 4 I declare that: 5 I am "employed in the County of Contra Costa, State of u 6 California': I am over the age of eighteen ( 18) years and not 7 a party toi, the within entitled cause. My business address is 8 2121 North California Boulevard, Suite 1020, Walnut Creek, 9 California'' 94596 . 10 On July 28, 1994, I served the CLAIM FOR PERSONAL INJURIES 11 on the parties in said cause by hand delivering a true copy 12 thereof to the following: 13 Clerk 14 Board of Supervisors County of Contra Costa 15 651 Pine Street Martinez, California 94553 16 17 I declare under penalty of perjury of the laws of the 18 State of California that the foregoing is true and correct and 19 that this declaration was executed on July 28, 1994, at Walnut 20 Creek, California. 21 22 i LIS TED ICK 23 24 25 26 27 28 CASPER,MEADOWS &SCHWARTZ A Professional Corporation 2121 North California Boulevard Suite 1020 Walnut(Creek,California 94596 947-1147 FAX(510)947-1131 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA (AUGUST°716,1994 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 + SioIP 3�aad'i9,15. 6 Please note all •Warnings". made . 99 CLAIMANT: MARTINEZ, Mark J U L 1994 ATTORNEY: Conrad M. Corbett, Esq- COUNTYCOUNSEL MARTINE Date rece�VJRALIF. ADDRESS: 450 Sansome St. , Ste. ; 1310 BY DELIVERY TO CLERK ON July 19, 1994 San Francisco, CA 94111 BY MAIL POSTMARKED: Hand Delivered via: County Counsel 1. FROM: Clerk of the Board of Supervisors TO: County Couns_eji Attached is a copy of the above-noted claim. PpHHIL ATCHELOR, Clerk o ` DATED: 9 61 : Deputy1' 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: q BYDeputy County Counsel J 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: r I certify that this is Il true and correct copy of the Board's Order entered in its minutes for this date. Dated: / PHIL BATCHELOR, Clerk, Byelf, , ������ , 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 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, Lalifornia, postage fully prepaid a11certified copy of this Board Order and Notice to Claimant, addressed to ,the claimant as shown above. 11 /7. /q u BY: PHIL BATCHELOR by Deputy Clerk r - CC: County Counsel County Administrator \\ ! ILI NV ƒ ® # r rA \ \ \ G .&> @ \0 / / § � \\� O Q � � LAW OFFICES OF CONRAD M. CORBETT THIRTEENTH FLOOR 450 SANSOME STREET CONRAD M. CORBETT SAN FRANCISCO,CA 94111 BRIAN F.HAAVISTO MARVAN L HOGAN PHONE(415)392-8740 r ; Y FAX(415)392-8325 July 13 , 1994 RECEIVED - Greg Harvey y� �►�►��° County Counsel Office JUL 1 91994 651 Pine Street, 9th Floor _ Martinez, CA 94553 c�!_r�i: =tir '}��'� �f RE: Claim of Mark Martinez O Date of Accident: 1/7/94 Dear Mr. Harvey: I have enclosed the erroneous notice of late filing which we discussed today. You indicated that upon receipt of same you would be correcting the record and notifying us as to a timely filing having been made. Thank you for your courtesy ,and .attention to this matter. Yours very truly, MARVAN HOGAN Attorney for Claimant NOTICE OF CLAIM AGAINST CONTRA COSTA COUNTY TO: Clerk of the Board of Supervisors CLAIMANT'S NAME: Mark Martinez "} RECEIVED - CLAIMANT'S ADDRESS: Mark Martinez A - 7 W c/o Conrad M. Corbett, Esq. 450 Sansome Street, Suite 1310 CLERK BOARD OF SUPERVISORS San Francisco, CA 94111q.0:11 iT A COSTA CO. NAME AND ADDRESS OF PERSON TO WHOM NOTICES_ REGARDING THIS CLAIM SHOULD BE SENT: Conrad M. Corbett, Esq. 450 Sansome Street, Suite 1310 San Francisco, CA 94111 DATE OF ACCIDENT: January 7, 1994 PLACE OF ACCIDENT: San Pablo Avenue near Yerba Buena Ave., Emeryville GENERAL DESCRIPTION OF THE ACCIDENT: Wayne Lam was driving a vehicle which rear ended claimant Mark Martinez' vehicle on southbound San Pablo Avenue near Yerba Buena.Avenue, Emeryville at about 4:46 p.m. At said time, Wayne Lam was driving negligently and caused the accident. Also at said time, Wayne Lam was working for, employed by, an agent of, an independent contractor of, authorized, controlled and by the permission of Contra Costa County. Wayne Lam was enrolled and participating in the Regional Occupational .Program at the time of said accident. As a result of the above, Contra Costa County is vicariously liable for the negligent acts of Wayne Lam. NAME OF EMPLOYEE CAUSING THE INJURY: Wayne Lam. NAMES AND ADDRESSES OF WITNESSES: Claimant, Wayne Lam and Kevin Green, 4665 Geranium Place, Oakland, CA-94612 GENERAL DESCRIPTION OF THE LOSS: Claimant was injured in his neck and back including disc and nerve injury as well as sprains and strains. He has received medical care and physical therapy and has sustained a wage loss in this case. AMOUNT OF THIS CLAIM: In excess of.$10,000.00. JURISDICTION LIES IN: Su erior Court ro�,w CONRRD M. CORBETT, ESQ. Attorney for and on behalf of Claimant, Mark Martinez y THE BOARD OF SUP E RV= S ORS CONTRA COSTA COUNTY County Administration Tom Powers, 1st District Building Phil Batchelor Jeff Smith, 2d District 651 Pine St. , Room 106 Clerk of the Board Gayle Bishop, 3d District Martinez, California and Mark DeSaulnier, 4th District Tom Torlakson, 5th District 94553 County Administrator (510) 646-237 July 8, 1994 TO: Conrad M. Corbett, Esq. 450 Sansome St. , Suit 1310 San Francisco, CA 94111 NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911 . 3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa, on behalf of Mark Martinez has been reviewed by County Counsel and is being returned to you herewith because your claim for an injury to person or personal property which arose on or after January 1, 1988 was not presented within six months of the event or occurrence as required by law. (See Government Code sections 901 and 911 .2) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code sections 911 .4 to 912 .2 and 946 .6) Under some circumstances leave to present a late claim will be granted. (See Government Code section 911 . 6) PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: _2ita ,OaQ-) Deputy Clerk Dated: Enclosure 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 copy of the above Notice to Claimant (of Late Submitted Claim) , addressed to the claimant as shown above. Date: By Phil Batchelor by d ) II Deputy Clerk ' . 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: $10,000.00 + Section 913 and 915.4. P1eas"m oto -4—'Whrr ings . CLAIMANT: MARTINEZ, Mark J�11 L 0 8 1994 ATTORNEY: Conrad M. Corbett, Esq. COUNTY COUNSEL Date received MARTINEZCALIF. ADDRESS: 450 Sansome St., Ste 1310 BY DELIVERY TO CLERK ON July 7, 1994 San Francisco, CA 94111 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. QH gg DATED: �u e�, _ 9 9 B1IL DepuLyLOR, Clerk �i 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: �'" { 9 �{ BY: �_� eputy 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. 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 on 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 to 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 CLAIM BOARD,OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AUGUST 1 6,1994 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: $1373.00 Section 913 and 915.4. Please note allj •MarniJngs" h CLAIMANT:O'DELL, David , E2 9 ATTORNEY; COUNTY COUNSEL: Date received MAATINEZCALIF. ADDRESS: 400 Tice Hollow Ct. BY DELIVERY TO CLERK ON July 28, 1994 Walnut Creek, CA 94595 BY MAIL POSTMARKED: July 27, 1994 1., FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the 'above•noted claim. DATED: � " ° � IVIL �TTCtEIOR, Clerk -)Z d�L.a,�.a.�.� y 11. FROM: County Counsel 70: Clerk of the Board of Supervisors (kel—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: BYDeputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) t ) 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. Oated: ' pNIL BATCHELOR, Clerk, By_ �, 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 1n 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. Uated: 1 4 BY: PHIL BATCHELOR by �� : ( ��,�A � Deputy Clerk CC: County Counsel County Administrator Clai- 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 file& 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. It RE: Claim By ) Reserved for Clerk's filing stamp ) RECEIVED Against the County of Contra Costa ) jL 2 8 1994 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 $ l 7,3 oo and in support of this claim represents as follows: 1. When did the damage ,'or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if J required) -- ------ -�` --: 11 -- ---------------- --------.- 4. What particular act;,or omission on the part of county or district officers, servants or employees caused the injury or damage? 01, 5 /17/574 5��-► oaf S1,y'hdh In,1-�� t-- CU-Si-R-e- . (� V"i_rJ I�Q-V.,Q,/-� �.01,3{ P—4J1%c�1,f.�� Ov�e ) D. wnat are the names of county or district officers, servants or employees causing the da.-:age or injury? ---------------------------------------------------------------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. s d ftz /X_ f-tOVI-1 SRI, 1101".1 - l � X 7• How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 1373�.0i) ------------------------------ ------ ------------ $. Names and addresses of witnesses, doctors and hospitals. 4. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: �P 7�z,, ; J�� "The claim must be signed by the claimant SEND NOTICES T0: '(Atto.�^ies`)� �`�a` "� or by some person on his behalf." Name and Address of Attorney ^- C) - Dov/d and She/%y ODe// � 400 T/ce Ho/%w Court Walnut Creek,CA 94595 Olaimant's Signature (Address) Telephone No. I Telephone No. (501 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 im. prisonr.)ent and fine. . cv , j S 46 o C . y h O 3a 3 CJ Uj p 4 4 . 6: r Professional Horticultural Services 197 Mayhew Way Walnut Creek, California 94596 Contractor License#658321 (510) 937-7973 July 21, 1994 David O'Dell 400 Tice Hollow Court Walnut Creek, Ca 94595 Dear Mr. O'Dell; Thank you for the opportunity to provide a price to replace the two Redwoods destroyed by a tree branch. In addition to the Redwoods a small section of fence was also damaged when the branch fell. Below are prices for both. I understand there is an operating irrigation system to irrigate the new Redwoods . This price .does not include modifying the irrigation system. Should this be required I will submit a price to perform modifications as is required. Fence Repair Materials $ 40 . 00 Labor 110 . 00 Total $ 150 . 00 Tree Replacement 2 - 24" Box Sequoia sempervirens $ 370 . 00 1/2 yard Soil Amendment 28 . 00 Fertilizer, tree stakes, aeration tubes 50 . 00 Labor 775 . 00 Total $1 , 223 . 00 1, 373, 0 Yours truly, Ji Kwiat .s JK/ch r, ' Ia -CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA August 16, 1-994 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: $2416.00 Section 913 and 915.4. Please note�ai-1,-"Warnings". CLAIMANT: PAULSON, Lori. A e-" I ATTORNEY: Date received CARTING©MARTINEZFt. AR7INEZ CALIF.L ADDRESS: 115 Samuel Ct. BY DELIVERY TO CLERK ON July 29, 1994 Clayton, CA 94517 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. QFNNIL BATCHELOR Clerk DATED: / / 9 x'15/ 81: Deputy ' 11. FROM: County Counsel 70: 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: - '"g �'� BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (1) ( ) 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. Gated: pHll 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 Aeposited in the mail to file a court action on this claim. See Government Cade 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 immediitely. '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 thatitoday 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 claimbnt as shown above. u / Wed: - 8Y: PNII BATCHELOR by Deputy Clerk �a J, CC: County Counsel County Administrator CfeA 't4: 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 December 31, 19879 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 mast 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. J _.r p aim m ^a rzi mors 6L.... ,).l i.� .-7.J. D. II ✓ = 1aGJiJ w O�G�1J:iV LJLJ: G WIL J"&A viai. �::.a��.. Z7.t" rJ 1 .v!•... � �. ..�.�_ _ _ filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this orm. feeee � � � * * eeeeeeeeee * • e � ee • eee • • e • eee �l * � eee RE: Claim By ) Reserved for Clerk's filing stamp r RECEIVED Against the County of ,Contra Costae ) or ) .. A 2 9 1994 District) CLERK BOARD OF SUPERVISORS Fill in name ) CONTRA COSTA CO. The undersigned claimant hereby pakes ,claip ins 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 or injury occur? (Give exact date and hour) 2Where d the damage or injury occur? (Include city and county) 4(&v WA && 61 I V . How did the damage or, injury occur? (Give full details; use extra paper if giwp f�equired) W 1 n �cf 12 � �AS�� Gr �ud, 'vY f'V��- b0P R1(1, rid. Nv 4. What particular act or omission on the part of county or district officers', servants or employees caused the injury or damage?-I�- /, VV ld,t� z��Iollvezzs lo�- (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? Q ,. o� 0. What damage or injuries do you claim resulted? (Give full extent of injuries or de laimed. Attach two estimateA for auto damage. { L t(V � 4-Kyh 7. How was the amount claimed above computed? (Include the estimated unt of any prospective injury or e. ftaL B. Names and addresses of, witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT a � y Gov. Code Sec. 910.2 provides: �'The claim be si y the claimant rn SEND NOTICES TO: (Attoe ,)S M for by some son of his lf." Name and Address of Attorney x2� Cla is Signature Address Cl --� a Telephone No. e • a r f a aI it V 0 1 V 9 a �r a a • f i� a �'i-i'�� IF it �t 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 ($109000, or by both such imprisonment and fine. II �I STORE# 81 8040 BRENTUDO[I Li1LY11 BRENTWOOD.,. CA 9451.3 (51004-4344 �G BAR#AH1240�;9 EPA#CAL000057217 B G TI RES=. CUSTIOMER MUST PRESENT COPY OF INVOICE FOR ANY WARRANTY WORK ORDER NAME/ADDRESSCOMP # LF £31 �r # 13 --ORT PAUL SON CAR YEAR i HOME PHONE RC TiITI S 634—,82:34 ' 345 t� CAR MAKE WORK PHONE" BRENTWOOD CA. 94513 , �.r^,CIA00 LR RR CAR M DEL SALE$„E N U PAA (: ) u LICENSE NO. MILEAG p f ❑ B/W ' WORK AUTHORIZED L I grant Big 0 Tires permission to operate the vehicle herein described for thellpurpose of testing,inspecting,mclud4s removal of wheels and;d ms for the purpose ofinspecting the brakes, - Y�/vv servicing,or delivery.I release Big 0 Tires from responsibility for loss,or damage to vehicle or co ts,therei in case of fire,theft cause beyond Big O;Tires control,'I authorize ALL PARTS ARE NEW UNLESS INDICATED the repair and service work listed�on this invoice to be performed for the d n shown below. . ' BY CODE: R = REBUILD U = 'USED' AMOUNT SIGNATURE-, REPLACED PARTS AUTHORIZED:$; a �R` REQUESTED YES O NO E] WORK REQUESTYSPECIAL INSTRUC.R(Q) S/SY PTOMS:, L? I .E 1NI� p T 014 qv � x } TECHNICIAN'SCOMMENTS:' F '.:rte n.... L.7t.,rA.................... _ _.- � ,.-_..,Po_-,,.✓ 4,—.1 - I t I I I DESCRIPTION I II' COND I I I .I' INSTALL MASTER CYLINDER NEW p REBUILT " TIRES € G INSTALL DISC PADS O FRONT II O"HEAR Ill INSTALL CALIPER ❑NEW O REGO, ' INSTALL WHEEL BEARINGS U u GRID, O❑AI, �I ❑LO,O �I REPACK WHEEL " ❑FRONT BEARING , O:HEAA. �i USED TIRES ISO DAY WARRANTY) INSTALL G.REASE SEALS ❑FRONT W ❑REAR HEELS RESURFACE-DRUM ROTOR 0 FRONT p 0 REAR - INSTALL RELINED ❑FRONT 11 BRAKE SHOES ❑REAR INSTALL WHEEL o FRONT CYLINDER ` ''O HEAR �I INSTALL BRAKE ❑DISC MOUNTS INSTALL HARDWARE ❑DRUM BREFRONT oDRoh COMPUTER BALANCE UH LF SPEC Acr I ROTATION 'RF SPEC ACT WHEEL ALIGNMENT TYPE 2 WHEEL k1fHRUST❑4 WHEEL 0 . INSTALL REAR BRAKE C DRUM ROTOR MISCELLANEOUS. LR SPEC ACT ENVIRONMENTAL CHG. . 'RR SPEC ACT I' OIL CHANGE OTS—wT._ BY D INSTALL COIL SPRING ❑FRONT El REAR: ' OIL FILTER RIDE HEIGHT. RF LF RG—LA— j TUBES INSTALL ❑IDLER i STEERING ARM ❑PITMAN 11 SEAT COVER USED ARMINSTABUSLL HINGSOL 111 LOWER UPPER LUG NUTS TORQUED El 1N BALL LOWER (� HUB SAPS ON TIGHT JOINTSINTS ❑`LOWER ' 13 SPEC ACTUAL !� WINDSHIELD WASHED ❑ INSTALL STABILIZER LINKS (#. TRADE-IN ALLOWANCE INSTALL TIE-ROD ❑LT ENDS-INNER ❑AT INSTALL TIE-ROD ❑'LT ENDS-ATER opT ITAL ❑u ❑AI BOOTS ❑LO ❑AO li TERMS: (Net 10th Prox.) Past due charge isocomputed by aAUTHORIZED "PERIODIC RATE" of 2% per month-on unpaid balances which' • ' is an ANNUAL"PERCENTAGE RATE of 24%.If necessary to institute" Phone No. Date&Time 1 Called By Work Authorized legal action to enforce collection of the amount due under this • :•, invoice,buyer agrees to pay all necessary'costs and attorney's'. Authorized By Add Amount New Total fees - I agree to pay storage of,vehicle left more than 48 hours after! Phone No. Date&rime Caned By work Aumorized = • ' notification that repairs are completed. You will not be held' responsible for loss or damage to vehicle or articles left in case` ut orrze y mount ew ota of fire,theft,accident or any,other cause beyond your control. v V - VEHICLE RECEIVED BY " /` __ PLEASE SIGN X -- ••• " ". ' DATE Deals On Wheels SOLD 1651 Monument Boulevard To Concord, California 94520 827-0616 ATE SHIPPED SHIPPED VIA TERMS F.O.B. SALESMANOUR ORDER NO. -fez I NA 40320 ?-Z QUANTITY DESCRIPTION UNIT AMOUNT ORDERED SHIPPED p PRICE AOo 3� �a MOUNTED WHEELS UNLESS DEFECTIVE CANNOT BE RETURNED. ALL RETURNS MUST BE,AUTHORIZED IN TAX ADVANCE. A 15% HANDLING CHARGE WILL BE MADE INVOICE 1 TOTAL ON ALL NEW RETURNED MDSE. i DATE y� heels To Go 1621 Monument Boulevard SOLD Concord, California 94520 (510) 687-4883 �ATE S IPPE SHIPPED VIA TERMS F.O.B. SALESMAN OUR ORDER NO. - - LN° 2412 OUANTITY / UNIT- DESCRIPTION AMOUNT ORDERED SHIPPE PRICE tTORRR UE FL RL!j�0 IT IS THE OWNER'S RESPONSIBILITY TO INSP CT AND RETORQUETHE LUG NUTS.RECHECK L'UGNUT TORQUE TAX FIRST 50 MILES DRIVEN, AND PERIODICALLY THERE AFTER. FAILURE TO RECHECK LUG NUT TORQUE MAY INVOICE TOTAL RESULT IN A SERIOUS ACCIDENT. r. �•M-rr.-,`;�9¢ - '�"��'m '+K+i �lid-,�a' "�•`��,,hr ,�,,r��� � }r 'e'�'x.-�1'i"°y,,,.%v�'I"",<B'�1;a;5'a�l��''��•�: %3•S"slr^4"8" `��'`�i`�, COMPLE.T.E.BO 5 ACRE PAI }� " FOREIGN,& DOMESTIC 1 Q�-� "; 4-Wet ore s., Auto -Bodg . PAl1�fT:IK�G ' _ A ! ` `' PHONE (5 10)f jZ 935-1729 ' �....Y-2740'NO. Main, St. , Ste E FAX'c510OR 935-9250 Walnut Creek, CA. 94596 r ESTIMATE OF REPAIRSjl. AS LISTED FOR LABOR AND MATERIALS-VERBAL AGREEMENTS NOT BINDING NAME: y ADDRESS lCj{ i dN 3 t DATE 4y -A EV MAKE OF CAR ✓ . I. YEAR TYPE LICENSE NUMBER MILEAGE MOTOR NO. f SERIAL-NO t FRONT LAWR Hits. PARTS LEFT LABOR HRS. . PARTSt RIGHT LABOR HRS. PARTS' MISCELLANEOUS LABOR NRS. ►ARTS Fender Fn. Fender Fn. Bumper - Bumper Brkt. Fender Shield Fender Shield Yttj' Y7V r _Grovel Shield Fender Mldg Fender Mldg • - 40 Heodlomp: I Heodlomp. JA Headlamp Door Heodlomp Door - Stsoled,Beom Sealed Beam Y if Pork.Light Park.Light t>( w 1 AI rs.a Knuckle D,00r,�Fronr Door,Front y &- .; _ � Lr.Cont.Arm Door Hinge 1 Door Hinge 1�C }�•4.a R.J',, j'` CLEAR CLEAq 1 " j Up.Cont.Arm Door Gloss TINT Door Glass TINT Shock 'Door Mldg. Door Mldq. '.i•, ._a:. r 1, .ait'Sgti.N'-� ,.Tre Rod ti. !I .. Door Rear 1 I 'CLEAR CLEAR =i Door Gloss ,INT ' Door Gloss a TiNr'_ r d r — t Rod Grille j i •Door MId9 r t Door,Mld' _- - 1 - I f - < - Rocker Panel •Rocker Panel - - +• � - . Rocker,Mldg '_Rocker Mldg� FLOOR,&W/HSG. ``,� F1.00 WIN VV/HSG. I Quo,]Pone) Quo,(Parol Q.0,11Ext I_ Quor Eat., _ i,, •Quon'Mldg. �' -QugF.MI'dg.( _ (J4' �p `"'�•ry. Tod Light• .Toll Lrght.., 1 1 i �- 1. Hood Top II 1, Hood Mi - ^ge Hood Mldg c: REAR Ornoment-Emb," Bumper • Front Seat-Adj. Lock P,lote,Up. Bu- ._Gd.;k- Top Lock Plate,Lt. Specl;Gd.,Y / ,Aerial - T Bvm(per Brkt. Tiro i34. ce"o ew j{ 1 '" F' Grdvel'Sl+ield MISCELLANEOUS', ' Fn.System fr,'1 tI 42,.S _. lr !' f Wheell 1•s .. -�Etoaie...4Y'°.'W`- J• j Hub Cap DISC:.» i.� / `t r.�. _ r Cross Member••(. \ .__ ., .-- I'Rod.Sup Horn \ !' Point b Materia' ... .�. � ` C,E Rod!Coro lower Parol Windshield TINT Undercoat Ami-Freeze Floor. i ..SUMMARY r Rod.Hoses Trunk+'lid r:.. .h Fan Blade-Belt LObor�HIS. �' $ (� Water Pump,Pulley, JI j r. j•. f POrtS' < j�$ t7 It - + less f °/d o&$' Nett$ .+� � '• Tax on$ A •Align N - New OH -'Overhaul S - Straighten�o'r Repair .EX,.,- Exchange RC- Rechrome Sublet $ n PARTS PRICES BASED ON_STANDARD CATALOGUE PROCUREMENT PRICE LISTS SUBJECT TO, CHANGE WITHOUT NOTICE. PROCUREMENT x / AND DELIVERY CHARGES MAYBE ADDED FOR SPECIAL SERVICE ON ITEMS NOT AVAILABLE LOCALLY TOTAL Old pons rerewmved frocon will be junked unl«s otherw>e nstruc ti d n—4-g. The obove non «hmote hood on our 5m - penia and does not.cover odds onol pons or labor whIch�moy be rp ed oha the work hm been ognW up «uc oo cher work hos snorted o j pans aro d%co—ed which oro not ev,dent on fust -nspect o Becoose of this he E3Nmated B s above Pn<«ore B.A.R. REGISTRATION NO.AJ055437' y Vii.., Ub/l.i/y4 at l.i :l4 File #l6bb3-UUU1299 S3 FARMERS = N S URANC E EXCHANGE AMERICA CAN DEPEND ON FARMERS. _ 1660 CHALLENGE DR CONCORD, CA 94520 (510) 827-4722 SUPPLEMENT OF RECORD t Written By: J. HANLEY 06/13/94 01 :24 p.m. Adjuster: JIM HANLEY # (510) 827-1186 Insured: LORI PAULSON Claim #M532156A Policy #96128507404 Address: 115 SAMUEL CT ' CLAYTON, CA 94517 Date of Loss: 6/ 4/94 Day: (510) 682-3471- Type of Loss: MD-2 PAYABLE-D Other: ( ) - - Point Of Impact: 14 UNKNOWN 0 Inspect TOY WORKS (510) 682-8249 Location: 2330 BATES AVE Field CONCORD, CA Repair Facility: License # 91 CHEV CAMARO Z28 2D BLACK 8-5 .OL-HO VIN: 1G1FP23F6ML121890 Lic.#: 3BJT126 CA Prod. Date: 0/0 Mileage: 53308 Automatic transmission Power steering Power brakes Power trunk Tinted glass Dual mirrors Tilt wheel Intermittent wipers Theft deter/alarm Driver airbag Positraction Cloth seats Bucket seats Recline/lounge seats Aluminum wheels Clear coat paint -------------------------------------------------------------------------------- REPR/ PART LBR PAINT NO. REPL DESCRIPTION OF DAMAGE QTY COST HRS HRS MISC -------------------------------------------------------------------------------- 1* S WHEEL REPAIR SUBLET 1 0.00 0.0 0.0 X 260.00 2 WHEELS & FRONT SUSPENSION 3* Repl Wheel alignment front wheel 1 0.00 1 .4 0.0 4 S FENDER & LAMPS 5* S Repr RT Fender 1 0.00 1 .0 2.8 6 S Add for ,Clear Coat 1 0.00 0.0 1 . 1 7* S R&I 4 PAINT 1 0.00 1 .0 0.0 8* S WINDSHIELD 1 0.00 0.0 0.0 X 226 . 72 9 S ROCKER PANEL 10* S Repr RT Ground effects 1 0.00 0. 5 1 .2 11* S Repr LT Ground effects 1 0.00 0. 5 1 .2 12 S LIFT GATE Page: 1 I � ub/1.i/94 at lj:24 File #16663-0001299 S3 FARMERS = N S URAN C E EXCHANGE _ Claim #: M532156A 91 CHEV CAMARO Z28 2D BLACK 8-5.0L-HO -------------------------------------------------------------------------------- REPR/ PART LBR PAINT NO. REPL DESCRIPTION OF DAMAGE QTY COST HRS HRS MISC -------------------------------------------------------------------------------- 13* S Repr Splr innr cntr lftgt w/o ar wn 1 0.00 0.3 0. 6 14 S Add for Clear Coat 1 0.00 0.0 0. 2 15* S Refin BLEND 1 0.00 0.0 1 .0 16* S TINT 1 0.00 0. 5 0.0 17* S Repr DETAIL LT SEAT 1 0.00 1 .0 0.0 18 S QUARTER PANEL 19 S Refin RT Outer panel 1 0.00 0.0 3. 3 20 S Overlap Major Non-Adj . Panel 1 0.00 0.0 -0.2 21 S Add for Clear Coat 1 0.00 0.0 0.6 22* S Repr LT Outer panel 1 0.00 0.5 3. 3 23 S Overlap Major Non-Adj . Panel 1 0.00 0.0 -0.2 24 S Add for Clear Coat 1 0.00 0.0 0.6 25* S R&I LAMPS 1 0.00 1 .0 0.0 -------------------------------------------------------------------------------- Subtotals =__> 0.00 7.7 15. 5 486. 72 Page: 2 uo/ l.s/yq az lj:zq bile # 1bbbJ-UUU1299 S3 FARMERS I N S URANC E E X C HAN GE Claim #: M532156A 91 CHEV CAMARO Z28 2D BLACK 8-5.01, TIRE WEAR= L/F=7/32; R/F=6/32; L/R=4/32; -L�9,737 � WHEEL RESTORATION= TRANSWHEEL 800-892-3733 - $130/WHEEL Parts 0.00 Labor 7.7 hrs $ 48.00/hr 369 . 60 Paint 15.5 hrs $ 48.00/hr 744.00 Paint/Materials 250.00 Sublet/Mist 486.72 -------------------------------------------- SUBTOTAL $ 1850.32 Tax on $ 250.00 at 8.2500% 20.63 -------------------------------------------- TOTAL COST OF REPAIRS $ 1870.95 ADJUSTMENTS: Deductible -500.00 -------------------------------------------- TOTAL ADJUSTMENTS $ 500.00 NET COST OF REPAIRS $ 1370.95 UNDER CALIFORNIA CODE OF REGULATIONS, TITLE 10, CHAPTER 5, SUBCHAPTER 8 SECTION 2695,8,D,2.C., WE ARE ADVISING YOU THAT YOU HAVE THE RIGHT TO HAVE ANY REPAIR FACILITY OF YOUR CHOICE TO DO THE REPAIRS TO YOUR VEHICLE. HOWEVER, THE COMPANY CAN REASONABLY ADJUST ANY WRITTEN ESTIMATES PREPARED BY THE REPAIR;SHOP OF YOUR CHOICE. IF YOU CHOOSE TO USE A REPAIR FACILITY SUGGESTED BY OUR COMPANY, WE WILL GUARANTEE THE DAMAGED VEHICLE TO BE RESTORED TO ITS PRE-LOSS CONDITION AT NO COST TO YOU OTHER THAN AS STATED IN THE POLICY(I.E. POLICY LIMITS OR DEDUCTIBLE) OR ALLOWABLE DEPRECIATION. Estimate based on MOTOR CRASH ESTIMATING GUIDE. Nan-asterisk(t) items are derived from the Guide DR1CD82. Database Date 4/94 Double asterisk(**) items indicate part supplied by a supplier other than the original equipment manufacturer. EZEst - A product of CCC Information Services Inc. Page: 3 THE FARMERS INSURANCE GROUP OF COMPANIES CONCORD BRANCH CLAIMS OFFICE 1660 Challenge Drive Concord, CA 94520 (510) 827-4722 L\&,jAIVA C� �uSI Re: Insured: TUASon Claimant: Claim No: Date of Loss: (p-.t-(- r,%-f Dear Our inspection of the damage to your vehicle has been completed. Some of the replacement parts we listed on our estimate are subject to betterment deductions. This letter explains the details of the deductions we have taken. The part(s) listed below is /are subject to physical deterioration and depreciation from normal use prior to this loss: %)�o a� a x /S X19 s, TAX -T,rcc'�- If these damaged items are replaced with anything other than used parts of like kind and quality, the repairs would leave the vehicle "better" than it was before the loss. "Betterment" represents the value of the improvement that results from replacement of the unit with new. Since you are only entitled to receive the "pre-loss" value of the "damaged part(s)", we are paying for the cost of the new replacement part(s) less an adjustment for the betterment that applies. In your case the betterment was calculated for the part(s) as listed below: AMERICA CAN DEPEND ON FARMERS T -2- S Ci The total betterment taken is $ Your E-Z-Reader Car Policy provides the explanation for this deduction on page four (4), Part IV - DAMAGE TO YOUR CAR and reads as follows: Limits of Liability Our limits of liability for loss shall not exceed: 1. The amount which it would cost to repair or replace damaged or stolen property with other of like kind and quality; or with new property less an adjustment for physical deterioration and/or depreciation. If you have any questions about this adjustment please feel free to call me at the location shown on this letterhead. If you still feel your claim has been wrongfully denied you may have the matter reviewed by the Department of Insurance listed below. California Department of Insurance Consumer Affairs Division 300 South Spring St. Los Angeles, Ca. 90013 Telephone: 1-800-927-4357 or 1-213-897-5961 Very truly y , Clai s Representative I_ NOTIFICATION.OF ARMERS MID-CENTURY''' `�AUTO ❑AUTO UNREPAIRED DAMAGE OR SALN C~ �� J ❑TRUCK MOMILIE PROPERTY NOT REPLACED ❑ FIRE ❑ HOME ATTACH TO YOUR POLICY WITH.THE SAM POLICY NUMBER SHOWN ON THIS FORM v ' -�� (� INSURED DATE AMOUNT�` 'n �U.w�SOn PLEASE PRINT OF LOSS OF LOSS R'! STATE POLICY NUMBER Show the date of EFFECTIVE DATE Obtain insured's signature settlement"as the ' Mo: Day Yr. and give original copy to Effective date (� �'� �� insured. Assigned STATE DIST. +i AGFAT�^7—7 Description Year and Trade Name,. Identification Number LAST S Agent / ! of Automobile �� (,��.►� (��j DIGITS SHOWN Dear Policyholder: On.and after the effective date shown above, your policy does not cover the following: L Unrepaired Damages ❑ Scheduled Personal Property. Reason: Cash in lieu of repairs. . ❑ Cash in lieu of replacement. ❑ Loss less than deductible. ,J ❑ Insured retained total.loss salvage.- El.Loss occurred when policy out of force. T LT ry�,r4 yrr 5p q� t �z f-el�,r - �i o�� wt�S�t.-e„�/ - �c, ;^��1� • �f4'I � �-� fie`,+ If the listed damageA com tete repaire , o roperty is replaced, please send a copy of the re air bill or receipt to your agent or the co an a sure t ur ol' y number. ACCEP ED NED SIGNATURE W INSURED CLAIMS RE TA IVE AND B.C.O. 23-0385 9-92 '1901 0 32-S PRINTED IN U.S.A. AUTO-TRUCK ESTIMATE Date Assigned STATE POLICY NUMBER i Insured j S ; a if) :S .\) V �I SALN DATE OF LOSS ji 3� i5 Mo.� .oar ;v Claimant ..�` I� Car Location II NAME OF REPAIR SHOP(Agrees to complete and guarantee repairs listed below) ADDRESS:NO. STREET CITY SHOP PHONE NO. YEAR MAKE AND MOD IDENTIFICATION LICENSE NO. SPEEDOMETER Qk v �i �rnc.fu Repair Replace DESCRIPTION OF REPAIRS LABOR PARTS SUBLET Ci R6 I i� �I Ir 5� ii ii tz esu 'C.cep Z � �s�ti� �''7 `1 3Z t �W - 'S 7 L/�a II II i II .I Cash Allow. Labor Hrs. Item Parts Betterment Tax-% on $ Amount Approved Sublet&Net Items Deductible Sub Total Net Payment ii Supplement �I National Accounts Supplement Inspector Date Inspected �I REPAIR SHOP: Any supplementary repairs required must be inspected before repair. v z3"05179 BB 11001 200/ST PRINTED IN U.S.A. jiTHIS INSTRUMENT IS NOT AN AUTHORIZATION TO REPAIR BCO COPY Ub/ij/J4 at ii : 5i r'lie iiibbb3-UUUizvv sz FARMER I NSURANCE EX,r'HANGE Aft-AICA CAN DEPEND ON FARMERS 1660 'CHALLENGE DR CONCORD, CA 94520 (510) 827-4722 SUPPLEMENT OF RECORD Written By: J. HANLEY 06/13/94 11 :47 a.m. Adjuster: JIM HANLEY # (510) 827-1186 Insured: LORI PAULSON Claim #M532156A Policy #96128507404 Address: 115 SAMUEL CT CLAYTON, CA 94517 Date of Loss: 6/ 4/94 Day: (510) 682-3471- Type of Loss: MD-2 PAYABLE-D Other: ( ) - - Point Of Impact: 14 UNKNOWN 0 Inspect TOY WORKS (510) 682-8249 Location: 2330 BATES AVE Field CONCORD, CA Repair Facility: License # 91 CHEV CAMARO Z28 2D BLACK 8-5.OL-HO VIN: 1G1FP23F6ML121890 Lic.#: 3BJT126 CA Prod. Date: 0/0 Mileage: 53308 Automatic transmission Power steering Power brakes Power trunk Tinted glass Dual mirrors Tilt wheel Intermittent wipers Theft deter/alarm Driver airbag Positraction Cloth seats Bucket seats Recline/lounge seats Aluminum wheels Clear coat paint -------------------------------------------------------------------------------- REPR/ PART LBR PAINT NO. REPL DESCRIPTION OF DAMAGE QTY COST HRS HRS MISC -------------------------------------------------------------------------------- 1* S WHEEL REPAIR SUBLET 1 0.00 0.0 0.0 X 260.00 2 WHEELS & FRONT SUSPENSION 3* Repl Wheel alignment front wheel 1 0.00 1 .4 0.0 4 S FENDER & LAMPS 5* S Repr RT Fender 1 0.00 1 .0 2.8 6 S Add for Clear Coat 1 0.00 0.0 1 . 1 7* S R&I 4 PAINT 1 0.00 1 .0 0.0 8* S WINDSHIELD 1 0.00 0.0 0.0 X 226. 72 9 S ROCKER PANEL 10* S Repr RT Ground effects 1 0.00 0.5 1 .2 11* S Repr LT Ground effects 1 0.00 0.5 1 .2 12 S LIFT GATE Page: 1 UO/IJ/V4 at 11 :51 File #lbbb3-UUU1299 S2 FARMER- = NSURANCE EX--^-HANGS Claim' ##: M532156A 91 CHEV CAMARO Z28 2D BLACK 8-5.OL-HO -------------------------------------------------------------------------------- REPR/ PART LBR PAINT NO. REPL DESCRIPTION OF DAMAGE QTY COST HRS HRS MISC -------------------------------------------------------------------------------- 13* S Repr Splr innr cntr lftgt w/o ar wn 1 0.00 0. 3 0.6 14 S Add for Clear Coat 1 0.00 0.0 0.2 15* S Refin BLEND 1 0.00 0.0 1 .0 16* S TINT 1 0.00 0. 5 0. 0 17* S Repr DETAIL LT SEAT 1 0.00 1 .0 0.0 ------------------------7------------------------------------------------------- Subtotals =__> 0.00 6.2 8. 1 486.72 Page: 2 Ub/1S/y4 at 11 :51 File #lbbb3-0001l99 s2 FARMS R�r I N S U RANO E EX^•HANGS Claim #: M532156A 91 CHEV CAMARO Z28 2D BLACK 8-5.OL—HO TIRE WEAR= L/F=7/32; R/F 6/32; L/R=4/32; L/F=7/32 WHEEL RESTORATION= TRANSWHEEL 800-892-3733 = $130/WHEEL Parts 0.00 Labor 6.2 hrs $ 48.00/hr 297 .60 Paint 8. 1 hrs $ 48.00/hr 388.80 Paint/Materials 8. 1 hrs $ 20.00/hr 162 .00 Sublet/Misc 486.72 -------------------------------------------- SUBTOTAL $ 1335. 12 Tax on $ 162.00 at 8.2500% 13.37 -------------------------------------------- TOTAL COST OF REPAIRS $ 1348.49 ADJUSTMENTS: Deductible —500.00 -------------------------------------------- TOTAL ADJUSTMENTS $ 500.00 NET COST OF REPAIRS $ 848.49 UNDER CALIFORNIA CODS OF REGULATIONS, TITLE 10, CHAPTER 5, SUBCHAPTER 8 SECTION 2695,8,D,2.C., RH ARE ADVISING YOU THAT YOU HAVE THE RIGHT TO HAVE ANY REPAIR FACILITY OF YOUR CHOICE TO DO THE REPAIRS TO YOUR VEHICLE. HOWEVER, THE COMPANY CAN REASONABLY ADJUST ANY WRITTEN ESTIMATES PREPARED BY THE REPAIR"SHOP OF YOUR CHOICE. IF YOU CHOOSE TO USE A REPAIR FACILITY SUGGESTED BY OUR COMPANY, WE WILL GUARANTEE THE DAMAGED VEHICLE TO BE RESTORED TO ITS PRE-LOSS CONDITION AT NO COST TO YOU OTHER THAN AS STATED IN THE POLICY(I.E. POLICY LIMITS OR DEDUCTIBLE) OR ALLOWABLE DEPRECIATION. Estimate based on MOTOR CRASH ESTIMATING GUIDE. Non-asterisk(:) items are derived from the Guide DR1CD82. Database Date 4/94 Double asterisk(**) items indicate part supplied by a supplier other than the original equipment uanufactarer. EZEst - A product of CCC Information Services Inc. 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