HomeMy WebLinkAboutMINUTES - 08121997 - C21 CLAIM e- ' t
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
August 12, 1997
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
ragraph IV below), given pursuant to Government Code
Amount: Estimated Cost $11 IVTation 913 and 915.4. Please note all "Warnings".
CLAIMANT: Allen Baron
ATTORNEY: r,W?
MAR'f►NE� Date received
ADDRESS: 2472 Southview Drive
Alamo, CA 94507 BY DELIVERY TO CLERK ON Jul -22, 1997
BY MAIL POSTMARKED: Hand Delivered via: Risk Mgmt.
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: July 22, 1997 RAIL BAATTCYELOR, Clerkepu .
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated I ( BY: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD( ORDER: By unanimous vote of the Supervisors present
( f) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: - �� _PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately. * For Additional 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: $ - — 9 7 BY: PHIL BATCHELOR by puty Clerk
CC: County Counsel County Administrator
BOARD OF SUPERVISORS OF CONTRA COSTA COUM
INSYRUMONS TO CUTRAh7
Clam relating to causes of action for death or for injury to person or to Per—
sonal property or gr wing crops and c�hi.ch accrue on or before December 31, 3.987,
=is 1-6. be presented not later than the 100th day after the acei^ual of the cause of
action. Cia.ims relating to causes of action for-death or for 1WurY to Pet�
• or to personal preppy or Bing cps and rich 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 awl of the cause of action. (Govt. Code §9].1.2.)
3. C a1must be filed Frith the Clerk of the Board of risors at Its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553.
If claim is-against a district governed by the Board of Supervisors, rather than
the County, the namne of the District should be filled in.
D. If the claim 1s against more than one public entity, separate claims must be
filed against each public entity.
C. gaud. See penalty for fraudulent claims, Penal.Code Ser. 72 at the end of this
R£: Main By ) Reserved for Clerk's filing stamp
3 RECEIVE®
Against the County of Contra Costa )
r JULJ2 21997
)
District) CLERK BOARD OF SUPERVISORS
Pill in n� ) CONTRA COSTA CO.
Mie undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of ---id in support of
this claim represents as folia4s:
I. Vhen did the damage or iri jury occur'' -(Give eget 4d to and hour)
July 25, 1996 in the .evening, _ -_-
2. Where did the damage br injury occur?.. (Include city and county)
2472 Southview Drive, Alamo, Contra Costa County
3. How did the damage or injury occur? (Give Hall details; use extra paper if
^eauired)
Answered on attached paper.
4. lent particular act or omission on the part of county or district officers,
servantp or employees caused the injury or damage?
Answered on attached paper.
Do- ftnaz are the nates of counr_v or district officers, servants or employees causing
the dar_-��ae or injury?
Public Works Employees
5. Vhat damage cr injuries do you claim resulted? (Give Hill extent of injuries or
damages claimed. Attach two estimates for auto d'age.
Answered on attached
_ paper. _ •.- �...__,__.__
7'. BoW was the amount claimed auove ? T
computed? . {Ine3ude the estimated amount 'of any
prospective injury or damage.)
See attached copy of estimated damage.
$. Names and addresses of witnesses, doctors and hospitals.
The residents of 2472 Southview Drive, Alamo:
Mr. Allen Baron
Mrs. Anna Baron
Mr. David Baron
9. List the expaAitures you made on account of this accident or injury:
DAIt, ITE-y
Answered on attached paper.
Gov. Code Sec. 410:2 provides:
" claim EnIst be signed by the claimant
SEM NOTICES T0: (Attorney) _ r''b' -someAlk--s behalf." _
Name and Address of Attorney ��, ff (3 64 m o cv
C alwnt's Signatore/
2472 Southview Drive
•ter Address_ -
Alamo, CA 94507
Telephone No. Telephone No. (510) 837-3535 wk (.510) 685-1212
N O T I C E
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or for
payment to any state, board or officer, or to any county, city or district board or
officer, authorized to allow or pay the same if genuine, any false or Traudulent
c324m, bill; account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than ane 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
tinfh c;�^i3 wi iS7lr�.^.` and f?nY2-
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
3) Cars that drove over the newly layed oil/asphalt patch and
into the custom stamped concrete driveway of 2472 Soulthview Dr.
picked up oil and tar from the asphalt on their tires and made
black stains on the gray stamped concrete driveway.
4) No sort of warning or notice (ie. posted signs, letters,
etc. ) was given to any of residents of Southview Dr. about the
patch of asphault directly in front of the driveway of 2472
Southview Dr. and the damage that would be caused from driving
over the patch.
6) Caused black, unremovable stains on the custom stamped gray
concrete driveway.
9) Two, three-hour unsuccessful attempts were made to remove the
stains.
PLEASE NOTE: In these failed attempts approximately 1 quart
of an unlabeled solvent, supplied by the Public
Works Employee, was used to try to remove the
stains. While the stains were not removed from
the driveway as a result of using this
unlabeled solvent, the sealer on the stamped
concrete was removed as a result of using this
unlabeled solvent.
, r
tiontias Custom Concrete Restoration
Custom Coixmtc 9Zr.storation
82Zqtfw-vaPltt4 '
Stockton,CA-93W9 a
The experts in restoration and preservation
Custom Concrete Restoration 8424 Rothesay Pi.Stocidon,Ca.95209 Phi Far(209)478-7979 Lie# 438738
ESTIMATE FOR: PROJECT SITE:
David Baron Baron Residence
2377 Stan«-ell Dr.
Concord,Ca. 94520
We are pleased to submit the following cost estimate:
QUANITY SCOPE OF WORK SQ/FT PRICE TOTAL
2547 sq/ft Strip sealer off driveway with zim brush S .25 636.75
2547 sglft Spray sealer on driveway $.25 636.75
TOTAL COST: 1273.50
"NOTICE TO OWNER'
(Section'7019-Contractors License Law)
Under the Mechanics'Lien Law, any contractor,subcontractor, laborer, materiaiman or other person who helps to improve your
property and is not paid for his labor, services or material,has a right to enforce his claim against your property.
Under the law,you may protect yourself against such claims by filing,before commencing such work or improvement,an
original contract for the work of improvement or a modification thereof,in the office of the county recorder of the county where the
property is situated and requiring that a contractor's payment bond be recorded in such office. Said bond shall be in an amount not
less than fifty percent(50%)of the contract price and shall,in addition to any conditions for the performance of the contract be
conditioned for the payment in full of the claims of all persons furnishing labor,services, equipment or materials for the work
described in said contract.
ACCEPTANCE OF ESTIMATE
..Account balances in excess_of(30)days,shalt bear interest at the rate of(1.5%)per month.
The undersigned agrees to pay all legal expenses and attomey's fees which may be incurred M C.C.R_in the collection of the amounts due.
Date Signature
Contractors are required by law to be licensed and regulated by the Contractors'State License Board.
Any question concerning a contractor may be referred to the registrar of the board whose address is:
Contractors'State License Board 1020 N Street Sacramento,California 95814
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CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA August 12, 1997
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: $5,000,000.00 + Section 913 and 915.4. Pleas l "Warnings".
CLAIMANT: DeLois Cotton-Harris and
Jama Cotton-Harris JUL 16 1997
ATIORNEY: Christina Deadwiler
Jones & Deadwiler Date received COUNTY COUNSEL
TINEZ CALIF.
ADDRESS: 2055 Gateway Place, Suite 400 BY DELIVERY TO CLERK T„1�,l�� 1 qq7
San Jose, CA 95110
BY MAIL POSTMARKED: ,T111)Z 10, 1q07, Fxpracc Mail
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: July 16, 1997 gaIL BeTTCHELOR, Clerk
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
(�) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: BY: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
(✓ ) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: - HIL BATCHELOR, Clerk, B Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated:- BY: PHIL BATCHELOR by �puty Clerk
CC: County Counsel County Administrator
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: Christina Deadwiler
Jones &Deadwiler
2055 Gateway Place, Ste. 400
San Jose, CA 95110
RE: CLAIM OF: DeLois Cotton Harris; Jama Cotton-Harris
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.
❑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.
Fx 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.
F7 6. The claim is not signed by the claimant or by some person on his behalf.
Fx 7. Other: The claim fails to state the date of the occurrence giving rise to the claimed injury
with sufficient specificity to allow determination whether the claim is timely. The Board of
Supervisors reserves the right to deny the claim as untimely, and to defend any action
brought on the claim on the ground the claim was untimely made.
VICTOR J STMAN, C uri� oun 1
By:
Deput ounty C el
Page 1
.r ^
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 21, 1997 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)
Page 3
1 Christina Deadwiler #169508
April Jones #154500
2 JONES & DEADWILER
2055 Gateway Place, Suite 400
3 San Jose, CA 95110
(408) 275-9875
4 (408) 441-9152 (FAX)
5 Attorneys for Claimants,
6 DELOIS COTTON-HARRIS and
JAMA COTTON-HARRIS
7
8
9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN AND FOR THE COUNTY OF CONTRA COSTA
11
12 DELOIS COTTON-HARRIS and )
JAMA COTTON-HARRIS }
13 ) CLAIM FOR DAMAGES
Claimants, )
14 vs . )
15 WEST CONTRA COSTA COUNTY )
UNIFIED SCHOOL DISTRICT, )
16 EL CERRITO HIGH SCHOOL, PAUL ) RECEIVE®
DANIELS, GAIL VAN, LAWRENCE )
17 SMALLS, BARBARA PATMAN, ANNA ) ' O
BLACKMAN, WEST CONTRA COSTA )
18 COUNTY SCHOOL BOARD, CONTRA }
COSTA COUNTY, STATE OF ) C KADOFSl1
19 CALIFORNIA, MIKKI ROSS, CO RS
MIAESHA ANDERSON and ) CONTRA COSTA CO.
20 DOES 1-100, inclusive, }
21 Respondents. )
22 TO: WEST CONTRA COSTA COUNTY UNIFIED SCHOOL DISTRICT, EL
23 CERRITO HIGH SCHOOL, PAUL DANIELS, GAIL VAN, LAWRENCE SMALLS,
24 BARBS PATMAN, ANNA BLACKMAN, WEST CONTRA COSTA COUNTY SCHOOL
25 BOARD, CONTRA COSTA COUNTY, STATE OF CALIFORNIA, MIKKI ROSS, and
26 DOES 1-100, INCLUSIVE:
27 YOU AND EACH OF YOU please take notice that the undersigned,
28
1
I by and through counsel, serves and makes demands upon you for the
2 cause and amount set forth in the following claim:
3 CLAIMANTS, NAMES AND ADDRESS
DELOIS COTTON-HARRIS
4 JAMA COTTON -HARRIS
P.O. Box 6116
5 San Pablo, California 94806
6
Claimant requests that said address be treated as
7
confidential.
8 CLAIMANTS' MAILING ADDRESS TO WHICH NOTICES ARE TO BE MAILED
9 Christina Deadwiler
10 April Jones
JONES & DEADWILER
11 2055 Gateway Place, Suite 400
San Jose, California 95110
12 (408) 275-9875
13 AMOUNT OF CLAIM
14 Claimants' special damages and expenses proximately caused by
15 the occurrence described below and general damages are in the
amount sufficient for jurisdiction within the Superior Court of
16
California. Claimants' damages are currently estimated at
17
$5, 000, 000 . 00, punitive damages not inclusive .
1s DATE AND PLACE OF OCCURRENCE GIVING RISE TO CLAIM ASSERTED AND
19 DESCRIPTION OF OCCURRENCE
20 At all times hereinafter mentioned, Respondents were and now
21 are organized and existing under and by virtue of the laws of the
State of California. Upon information and belief, PAUL DANIELS,
22
GAIL VAN, LAWRENCE SMALLS, BARBARA PATMAN, and ANNA BLACKMAN were
23
and are employees of the WEST CONTRA COSTA COUNTY UNIFIED SCHOOL
24 DISTRICT (hereafter, "DISTRICT" ) , and in doing the things alleged,
25 acted in concert and with the knowledge and approval pproval of said
26 district and school. At all times herein, Claimant JAMA COTTON
27 HARRIS was enrolled at EL CERRITO HIGH SCHOOL, and was subject to
28
2
I the instruction, control and supervision of each Respondent. As
2 such, Respondents DANIELS, VAN, SMALLS, PATMAN, BLACKMAN, and
3 DISTRICT, had a duty to instruct, control and supervise students
at EL CERRITO HIGH SCHOOL, and protect Claimant JAMA COTTON-HARRIS
4
while Claimant was under the above-mentioned Respondents , custody,
5
care and control. Further, Respondents STATE OF CALIFORNIA,
6 CONTRA COSTA COUNTY, and MIKKI ROSS had a duty to instruct,
7 control, and supervise Respondent MIAESHA ANDERSON, a ward of the
8 State.
9 On or about November 1996, Claimant JAMA COTTON-HARRIS was
10 cornered in the locker room at EL CERRITO HIGH SCHOOL and attacked
11 by Respondent MIAESHA ANDERSON and two other individuals. This
12 incident was reported to school officials, yet no action was taken
13 against Respondent ANDERSON or to protect Claimant JAMA COTTON-
HARRIS in the future.
14
On or about January 1997 , Claimant DELOIS COTTON-HARRIS
15
contacted Respondent DANIELS to inform him that she learned from
16
other E1 Cerrito High School students that Claimant JAMA COTTON-
17
HARRIS was going to be attacked again by Respondent ANDERSON.
18 Respondents DANIELS and SMALLS assured her that the situation
19 would be supervised and that Claimant JAMA COTTON-HARRIS would be
20 safe and protected. Instead, Claimant JAMA COTTON-HARRIS was left
21 alone and unprotected, and was attacked and beaten, once again, by
22 Respondent ANDERSON and two other students as she ate lunch on a
23 bench at EL CERRITO HIGH SCHOOL.
24 After the incident, Respondents, and each of them, conspired
25 to hinder the discipline and prosecution of Respondent ANDERSON
and failed to take corrective actions to protect Claimant JAMA.
26
COTTON-HARRIS. Moreover, Claimants maintain that Respondents
27
DISTRICT, DANIELS, VAN, SMALLS, PATMAN, BLACKMAN and WEST CONTRA
28
3
1 COSTA COUNTY SCHOOL BOARD have demonstrated a pattern of allowing
2 harassment and abuse to occur to African-American students
3 throughout the district in general, and inside EL CERRITO HIGH
SCHOOL in particular. Moreover, Respondents Respondents DISTRICT,
4
DANIELS, VAN, SMALLS, PATMAN, BLACKMAN and WEST CONTRA COSTA
W
J
COUNTY SCHOOL BOARD failed to supervise and control the conduct of
6
students at EL CERRITO HIGH SCHOOL. The conduct of Respondents
7 DISTRICT, DANIELS, VAN, SMALLS, PATMAN, BLACKMAN and WEST CONTRA
8 COSTA COUNTY SCHOOL BOARD created an atmosphere in which Claimant
9 JAMA COTTON-HARRIS could be repeatedly assaulted.
10 As to Respondents STATE OF CALIFORNIA and CONTRA COSTA
11 COUNTY, foster parent Respondent MIKKI ROSS, was aware of her
12 foster child Respondent ANDERSON's assaults upon Claimant JAMA.
13 COTTON-HARRIS, yet refused and failed to supervise her abusive
14 actions.
INJURIES
15
As a direct and proximate result of said conduct, Claimants
16
have suffered emotional distress, physical injury, property damage
17
and pain and suffering. Said damages are sufficient for
1$ jurisdiction within the Superior Court.
19 THEORY OF LIABILITY
20 Respondents are liable for negligence, negligent supervision,
21 intentional infliction of emotional distress, negligent infliction
22 of emotional distress, violation and State and Federal
23 Constitutional and Statutory Rights, Conspiracy to violate Civil
24 Rights, assault and and battery.
25 DATED: -711 7
26 Christina Deadwiler
27 Attorney for Claimants
28
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JONES & DEADWILER Tel: 408-275-9875
Fax: 408-441-9152
ATTORNEYS AT LAW Email:jdlawyer@earthlink.net
2055 Gateway Place
Suite 400
San Jose, California 95110
July 9, 1997
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Clerk of the Board of Supervisors
651 Pine Street, Room 106
Martinez, California 94553
RE : Government Claim
Delois Cotton-Harris and Jama Cotton-Harris
Dear Clerk of the Board of Supervisors:
I have enclosed two copies of a government claim on behalf of
my clients. Please stamp one copy "Received" and return it to me
in the self-addressed, stamped envelope provided.
If you have any questions, do not hesitate to contact me. I
can be reached at (408) 275-9875 .
Very Truly Yours,
Christina Deadwiler
Encl.
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA August 12, 1997
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 9 ad&f
RT_ .8tJ72Wote all "Warnings".
CLAIMANT: J. Lee Doman J
J U L 16 1997
ATTORNEY: Louis F. Schofield, Esq. OUNT`NCOUNSEL
Schofield & Schiller Date receive�MARTINEZCALIF.
ADDRESS: 100 Pringle Ave. , Ste. 510 BY DELIVERY TO CLERK ON July 11, 1997
Walnut Creek, CA 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. HH
DATED: ly Ju16, 1997 JqiL DeputyLOR, Clerk
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
C
Dated: , 7 BY: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
( `�) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
c
Dated: g �'� — 9."7 PHIL BATCHELOR, Clerk, By, U = & —) * 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: :Z BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: Louis F. Schofield, Esq.
Shofield & Schiller
100 Pringle Avenue, Ste. 510
Walnut Creek, CA .94596
RE: CLAIM OF: J. Lee Doman
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.
0 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage,
or loss, if known.
F7 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 his behalf.
7. Other:
VICTOR J. AN, Count ounsel
By:
Deputy •o Cou 1
Page 1
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 18, 1997 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)
Page 2
RECEIVED
LOUIS F. SCHOFIELD, Esq. (#48633) 'A4-1"e
SCHOFIELD & SCHILLER JUL 1 1 1997
100 Pringle Avenue, Suite 510 1 /•*/,p /°'n
Walnut Creek, California 94596 CLERK BOARD OF SUPERVISORS
(510) 934-3600 CONTRA COSTA CO.
Attorneys for Claimant
CLAIM AGAINST THE COUNTY OF CONTRA COSTA
TO: CLERK, BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
CLAIMANT'S NAME: J. LEE DOMAN
CLAIMANT'S ADDRESS: 245 Holly Lane, Orinda, CA 94563
CLAIMANT'S TELEPHONE: 254-2052
TYPE OF CLAIM: Indemnity.
ADDRESS TO WHICH NOTICES
ARE TO BE SENT: LOUIS F. SCHOFIELD, Esq.
SCHOFIELD & SCHILLER
100 Pringle Avenue, Suite 510
Walnut Creek, California 94596
DATE OF OCCURRENCE: On or about January 24, 1997
PLACE OF OCCURRENCE: 100 Rich Acres Road, Orinda, CA 94563
HOW DID CLAIM ARISE? David J. & Mary Garthe were the purchasers of the
property located at 100 Rich Acres Road, Orinda,
CA. Property damages have resulted allegedly as
a result of a landslide.
The Garthes have filed Contra Costa County
Superior Court action number C 97-01714
against the City of Orinda, the County of Contra
Costa, and claimant. Claimant herein was served
with summons and complaint on or about May 16,
1
1997, and seeks equitable indemnity and
contribution for comparative fault from the co-
defendant, County of Contra Costa.
AMOUNT OF CLAIM: Indemnification and contribution, amount
presently unascertained.
Dated: July 9, 1997 Respectfully submitted,
SCHOFIE & SCHILLER
By:
LOUIS F. SCHOFIELD, orney for Claimant
2
CLAIM C • a )
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA August 12, 1997
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 y�
Amount: Unknown Section 913 and 915.4. Please note all "W MCCISILVIE f
CLAIMANT: Alfred W. Medcalf J UL 16 1997
ATTORNEY: William P. Schneider COUNTY COUNSEL
Andresen and James Date received MARTINEZ CALIF.
ADDRESS: 425 Market St. , Ste. 900 BY DELIVERY TO CLERK ON July 11, 1997
PO Box 193731
San' Francisco, CA 94119-3711 BY MAIL POSTMARKED: Airborne Express
No Postage Mark
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Jul 16 1997 ppH IL BATCHELOR, Clerk '
GATED: Y , Bl�: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
XThis 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
laimant. 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
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
(f) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
r
Dated: _ —c'j 7 PHIL BATCHELOR, Clerk, B 4 JJQDeputy 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: rR -9 7 BY: PHIL BATCHELOR b eputy Clerk
CC: County Counsel County Administrator
. CLAIM AGAINST GOVERNMENTAL ENTITY FOR INDEMNITY AND APPORTIONMENT
To: County of Contra Costa
Clerk of the Board of Supervisors of Contra Costa County
651 Pine Street
Martinez, CA 94553
Name of Claimants 4
ALFRED W. MEDCALF RECEIVED
Mailing Address of Claimants JUL 1
c/o WILLIAM P. SCHNEIDER CI.ERKBOARDOP RS
CONTRA COSTA CO.
Andresen and James
425 Market St . , Ste . 900
PO Box 193731
San Francisco, CA 94119-3731
Claimants' Telephone
c/o William P. Schneider
Andresen and James
(415) 541-0920
Identity of Person to Whom correspondence Should be Sent
WILLIAM P. SCHNEIDER
Andresen and James
425 Market St . , Ste. 900
PO Box 193731
San Francisco, CA 94119-3731
Facts Upon Which Claim is Made
On July 1, 1995, plaintiff Paul J. Shaffer was walking eastbound on
the north sidewalk of the 1400 block of Ponoma Street in Crockett,
Contra Costa County, California. Mr. Shaffer stumbled and fell on
the sidewalk in the area where there is a curb interrupting the
level of the sidewalk at the point of a garage door. Attached is a
photograph showing the area of plaintiff' s accident . Plaintiff has
sued claimant Medcalf, who owns the building at 1400 Pomona .
Plaintiff alleges that the defendants negligently maintained,
owned, operated, and controlled the sidewalk. Counsel for claimant
believes that plaintiff Shaffer did file a claim with Contra Costa
County as to this accident but did so in an untimely fashion.
Counsel for claimant further believes that there is no statute
imposing a duty of maintenance of the public sidewalk on landowner
and claimant Medcalf and that the sidewalk where plaintiff ' s
accident happened is either owned, possessed, or controlled by
Contra Costa County. Claimant Medcalf therefore makes a claim for
indemnity against Contra Costa County as to the allegations and
claims made by plaintiff Paul J. Shaffer.
Date Claimants were Served with Plaintiff' s Summons and Complaint
Defendant Medcalf was allegedly served with plaintiff Shaffer' s
Complaint on January 30, 1997 .
Name of Plaintiff in the Underlying Case
Paul J. Shaffer. Mr. Shaffer is represented by Paul J. Steiner and
Gilda Malek of Steiner and Steiner, 100 Bush Street, Suite 950, San
Francisco, CA 94104, telephone (415) 981-6100 .
Identity of Court
Contra Costa Superior Court, Action No. : C96-03239
Attachments
Photocopy of photographs of scene of the accident and a copy
of plaintiff' s Complaint .
Dated: July Of , 1997 ANDRESEN AND JAMES
By:
WILLIAM P. SCHNEIDER
Attorneys for Defendant
ALFRED W. MEDALF
ATTORNEY OR PARTY W17H A fiN ,NAME AN ADDRESS): TELEPHC NO +FCR COURT USE ONLY
•PAUL' J., STEINER (SBN 41117 ] 415/9$1-6100
STEINER & STEINER
100 'Bush Street, Suite 950
San Francisco, CA 94104
ATTORNEY FOR(NAME); Plaintiff
Insert name of court,Judicial district or branch court,11 any,and post office and street address:
SUPERIOR COURT, COUNTY OF CONTRA COSTA r "�
Martinez, CA 94553
JUL 2 2 199&
F LAIN TI FF: %L aTJX ora::-�-r�ru
PAUL J. SEAFFER
nv
O EFEN DANT:
COUNTY OF CONTRA COSTA; CARY ENGLAND AND STEVE BACKES
DBA DESIGNS IN CROCKETT; ALFRED W. MEDCALF;
® DOES t To 25
COMPLAINT-- Personal Injury, Property Damage, Wrongful Deaiti
CASE NU MSER:
[� MOTOR VEHICLE • [R.OTHER (specify): premises Liability
[] Property Damage Wrongful Death C 96 - 03239
Personal Injury other Damages (specify):
1. This pleading, im-,hiding"ihments and exhibits, consists of the following number of pages: 5
2. a. Each plaintiff named above is a competent adult
[� Except pliIndff(name): PER LOCAL RULE 5 NIS
r7 a corporation qualified to do business In California
17 an unincorporated entity (describe): CASE IS ASSIGNED TO
0 D
a pu bile entity(describe);
a nvnor [2 an adult
for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
atter (sPect4'):
other (specify):
Q Except plaintiff(name):
[] a corporation qualified to do business in Californ;a
an unincorporated entity (describe):
a public entity (describe):
a minor 0 an adult
for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
EJ other (specify):
Q other(specify):
b. [] Plainli f(name):
is doing business under the fictitious name of(specify);
and has complied with the f;ctitious business name laws,
c. lrtforr^etion about additional plaintiffs who are not competent adults is contained in Complaint-
Attachment 2c.
(Continued)
`""'"A0'°'"°a"0 COMPLAINT— Personal Injury, Property Damage,
JuE!cy f nn a CNMoii►a CCP,Xt=
Ffl'a pa'al1�1i'°�
yWrongful Death 109217.1 Jcv93.1
v ir11-CJO-1771 1.="'1� J1�11L1♦ .1[ Ji lwi. 'Y1J V". V!JV 1 U1�
SNORT TITLE: CASE Ntlrri6 R:
SHAFFER v. COUNTY OF CONTRA COSTA, et al.
COMPLAINT—Personal injury, property Damage, Wrongful Death
3. a.Each defendant named above is a natural person
[� Except defenders (name): Except defendant(name):
CONTRA COSTA COUNTY
a business organization, form unknown a business organization, form unknown
a corporation a corporation
0 an unincorporated entity (describe): an unincorporated entity (describe):
a public entity (describe): [] a public entity (describe):
COUNTY
[] other (specify): (�' offer(specify):
Except defendant(name): [] Except defendant(name):
a business organization, form unknown a business organization, form unknown
a corpomtron a corporation
an unincorporated entity (describe): an unincorporated entity (describe):
a public entity(describe): ❑ a public entity (describe):
,e
other (specify):y l' other (specify):
b.The true names and capacities of defendants sued As Does are unknown to plaintiff.
c. Q Information about additional defendants who are not natural persons is contained in Complaint—
Attachment 3r-
d. Defendants who are joined pursuant to Code of Civ Procedure section 382 are (names):
a, ® Plaintiff is required to comply with a claims statute, and
& ® plaintiff has complied with applicable claims statutes, or
b. [] plaintiff is excused from complying because(spec*l):
S. This court is the propel court because
® at least one defendant now resides in its Jurisdictional area.
the principal place of business of a corporation or unincorporated association is in this jurisdictional area.
X injury to person or damage to personal oreperty occurred in its jurisdictional area.
other (specify):
e. F-� The following paragraphs of this complaint are alleged on information and belief(sp*cifl paragraph numbers):
(Continued) F"TWO
98271.5 JCFsa r
SHORT TITLE: CASE NUM8ER
S'HAFFER v. COUNTY OF CONTRA COSTA, et al
COMPLAINT---Personal Injury, Properly Damage, Wrongful Death (Continued) Pee)ryN
7. [] The damages claimed for wrongful death and the relationships of the plaintiff to the deceased are
listed in Cornplaint.Attachment 7 as follows:
8. Plaintiff has suffered
wage loss low„s of use of property
hospital and medical expenses general damage
property damage loss of earning Capacity
other damage(specil},):
PAIN AND SUFFERING
9. Relief sought in this complaint is within the jurisdiction of this court.
IQ PLAINTIFF PLAYS
For judgment for Costs of suit,#for such relief as is fair, just, and equitable; and for
® compensatory damagasl
(Superior Court)according to ,proof.
(Municipal and Justice Court) in the amount,of s
[ Other (specify): PREJUDGMENT INTEREST ACCORDING TO PROOF
S t: The following causes of action are attached and the statements above apply to each; (Each complaint must have
one or more causes of action attached)
Motor Vehicle t '�
Genera! Nepiigence
Intentional Tort
Products Liability
Premises Liabilfty
0 Other(speciN:
PAUL 'J. STEINER
Crypo or print name) nature of pWnrMl or attornay)
i
COMPLAINT— Personal Injury, ptopert age, Paprm,..
A,"082.1 It)(eanl'0) Wrongful Death (Continued) COP A=S,:
9attT_s ,rci:o3.t
'll"I I-CJU-1 77 f 1G•'-1J J t_l ii�i .� . �ii �i•. `+1.� 7t7-f tJ7JtJ f.rJ 7l.:
SHOAT TITLE; T CASE h1UM8ER
SHAFFER V. COUNTY OF CONTRA COSTA, et al .
FIRST CAUSE OF ACTION--Genera! Negligence Page 4
(Mur)
A ACHMENT TO ® Coripiaint Cross-Complaint
(Use a separate cause of action form for each cause of action)
GN-1. Plaintiff (name): PAUL J SHAFFER
alleges that defendart (name): COUN'T'Y OF CONTRA COSTA; CARY .ENGLAND AND
STEVE BACRES DBA DESIGNS IN CROCKETT; ALFRED MEDCALF
[� Does 1 to 25
was the legal (prcximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligenty caused the damage to plaintiff
on (date): July 24, 1996 'r
at (place): 1400 block of Ponoma Street, Crockett, County of
Cont_-a Costa, California
(description of reasons•for liabi7lty):
Defer:dants , and each of them, negligently maintained, owned,
operated, and controlled the sidewalk in the 1400 block of Ponoma
Street, CrockettI Contra Costa County, California, proximately -causing
plaintiff to slip or trip and fall, serverely injurying himself.
r �
Rain ApOM.@-G by Tho
'"fin �: ry `cwIiCAUSE OF ACTION--General Negligence cc�.as,Z
Aje qz..
9d1tJ JCf>p].?
SHORT TITLE: �— CASE NUMBER
SHAFFER: v. COUNTY OF CONTRA COSTA, et al.
SECOND CAUSE OF ACTION—Premises Liability Page 5
(number)
ATTACHMFJ%7 TO ❑X Complaint ❑ Cross-Complaint
(Use a separate cause of acrlcn lams for each cause of action.)
Prern.L-t. Pla'ntln (name): PALL T. SHAFFER
alleges the arts of defendants were the legal (proximate) cause of damages to plaintiff.
On(dale): July 24, 1996 plaintiff was injured on the following premises in the following
fashion(desctiption of premises and circumstances of inji,rf):
Plaintiff was severely injured. as a proximate result of defendants,
and each of them, negligent operation, maintenance and control of the
sidewalk in portions of the 1400 block of Ponoma Street, Crockett, Contra
Costa County, California.
Prem.L-2. Count.One—Negligence The defendants who negligently owned, maintained, managed and operated
thtdescri5e4,premisses were (names): COUNTY OF CONTRA COSTA, CARY ENGLAND
AND STEVE BACKES DSA DESIGNS IN CROCKETT; ALFRED ME DCAILF; and
. 1
® Does 1 to g
Prem.L-3. ❑ Count Two—Willful Failure to Warn (Civil Code section 5461 The defendant owners who willfully
or marciously`•ailed to guard or wam against a dangerous cond3ion, use, structure, or activity were
(names):
❑ Does to
Plaintiff, a recreational user, was Q an invited guest ❑ a paying guest.
.Prem.L-4. ® Count Three--Dangerous Condition of Public Property The defend"who owned public property
on which a dangerous coNition existed were (names):
COUNTY OF CONTRA COSTA
Does to 16 _
a, ® The defendant pub4c entity hadIX
actual constru6ve notice of the existence of the
dangerous condition in sufficient time prior to the injury to have corrected it.
b. The condition was created by employees of the defendant pubfe entity.
Prem.L-5. a. X❑ Allegations about Other Defendants The defendants who were the agents and employees of the
other defendants and acted within the scope of the agency were (names):
EACH DEFENDANT AND
® Does 17 to 25
b. F-1 The defendants who are liable to plaintiffs for other reasons and the reasons for their liabiliry are
❑ described in attachment Prem.L-5.b ❑ as follows (names):
Fpm ApWo-w e,t!*
r .i t I
OU
w+�.cea�trl CAUSE OF ACTION---Premises Liability 0V Q&12
eras �cs9.�.r
1
2 SUPERIOR COURT OF CALIFORNIA
3 IN AND FOR THE COUNTY OF CONTRA COSTA
4
s PAUL J. SWFER, j No. C96-03239
6 Plaintiff, )
I vs. ) Declaration of Due Diligence
}
$ Coma Costa County,et, al., )
}
9 Defendants }
10 I,ALBIE UDOM,declare as follows:
I 1 1. I am a process server registered with the county of Contra Costra :n the state of California I
12 am employed in the county of Contra Costa; I am over the age of 18 and am not a party to the within cause;
13 my business address is 500 Ygnacio Valley Road, Suite 250, Walnut Creek, CA 94596.
14 2. 1 received the Summons,Complaint,Notice of First Status Conference, blank Stipulation
1s and Order for ADR,Notice to Plaintiffs, Contra Costa Superior Court Local Rule 5(g), ADR Information
16 Sheet, and blank Status Conference Questionnaire on December 4, 1996 from the plaintiff's attorney for
17 service on defendant, ALFRED MEDCALF at his agent's place of business, 713 2nd Avenue,Crockett, CA.
18 3. On January 30, 1997, at 8.47 P.M., I served said defendant by subserving a member of his
19 household as indicated on the attached proof of service.
20 4. Before subserving the defendant,I made the following attempts to ac}ueve personal service:
21 12/5/96 10.00 A.M.: Attempted service at 713 2'4 Avenue; they refused to accept service on
behalf of defendant and refused to disclose defendant's address;
23 1/20/97 : My investigations revealed that defendant's address is 53 Canvon Road, Berkeley, CA
24 94704-1815;
25 1/21/97 7.30 P.M.: Attempted service at 53 Canyon Road, spoke with a gentleman who advised
26 me that Mr. Medcalf was not in but was expected later.that night.
27 1/22/97 9.30 A.M: No answer at defendant's address
28 1/23/97 7.43 P.M.: No answer at defendant's address
Pages I
1 1/25197 1.10 P.M.: No answer ac defendant's address
2 1128197 8.30 P.M. No answer at defendant's address
3 1/3Oi97 8.47 P.M. Defendant not available, Subserved defendant's son Mark Medcalf.
4 1 DECLARE under penalty of perjury and the taws of the state of Califoaua that theforegoing is true
s and correct
6 Dated this 31 `day of January,. 1997
7
a A.lhie Udom
9
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13
14
15
ib
17
18
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20
21
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24
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27
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Law Offices of
ANDRESEN AND JAMES
425 MARKET ST STE 900
Richard E.Andresen PO BOX 193731 SACRAMENTO OFFICE
Justin D.James SAN FRANCISCO CA 94119-3731
Christopher M.Brown (415)541-0920 J. Suzanne Hayes
Victoria Cahill FAX(415)541-5229 Theresa L.Heptner
Michael V.W. Crain L. Ashley Michaud
Roger B.Eliassen Attorneys of the Robert N. Paige
Lawrence E.Hart Nationwide Enterprise Trial Division Michael E. Todd
Paul D. LeVeque
Ronald P. Luttringer
David R. Nelson 1860 HOWE AVE STE 400
Larry W. Quan SACRAMENTO CA 95825-1073
H.Renton Rolph (916)568-3230
William P. Schneider FAX(916)568-3215
R. Lynn Smith
George E.Williamson
July 10, 1997 VIA AIRBORNE EXPRESS
County of Contra Costa
Clerk of the Board of Supervisors of Contra Costa County
651 Pine Street
Martinez, CA 94553
Re : Case : Shaffer v. Medcalf
Action: Contra Costa Superior Court Action No. : C96-03239
To the clerk of the Board of Supervisors of Contra Costa County:
Please refer to the instructions below marked with an "X" .
[x] We enclose CLAIM AGAINST GOVERNMENTAL ENTITY FOR INDEMNITY AND
APPORTIONMENT in the above case . Please file the original and
return the file-marked copies in the envelope provided herein.
Thank you for your prompt attention to the above matter.
Very truly yours,
ANDRESEN D JAMES
I 0��
Kathy Hein, Se retary to
William P. Schneider
Enclosure
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
' August 12, 1997
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: $11879.24 Section 91T5M=W%Dte all "Warnings".
CLAIMANT: Jorge R. Morino
JUL 16 1997
ATTORNEY: COUNTY COUNSEL
Date received MARTINEZCAUF.
ADDRESS: 1529 Siskiyou Dr. BY DELIVERY TO CLERK ON Jji]U 15, 1A97
Walnut Creek, CA 94598
BY MAIL POSTMARKED: Hand Delivered
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: July 16, 1997 IVIL BepCHtyLOR, Clerk
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(K) 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: Z BY: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
( ✓) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: HIL BATCHELOR, Clerk, By , Deputy Clerk
WARNING (Gov, code section 913)
Subject to certain exceptions. you have only six (6) months--rom 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: q BY: PHIL BATCHELOR by eputy Clerk
CC: County Counsel County Administrator
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
"i INSTRUCTIONS TO CLAIMANT
A. 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 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. (Gov't Code 911.2 . )
B. Claims must be filed with the Clerk of the Board of Supervisors at its
office in Room 106, County Administration Building, 651 Pine Street,
Martinez, CA 94553 .
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the
end of this form.
RE: Claim By Reserved for Clerk's filing stamp
.Eu RECEIVE®
Against the County of Contra Costa)
ori1A Q!
District) CLERK BOA OPSUPERMORS
(Fill in name) ) CONTRA COSTA CO.
1 .
The undersigned claimant hereby makes claim against the Count of
Contra Costa or the above-named District in the sum of $ / 79• v
and in support of this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
5 Aivua*_y / , 9 97
2. Where did the damage or injury occur? (Include city and county)
/n4&PU62. - COMM 66SrA Covey
3 . How did the damage or injury occur? (Give full details; use extra
paper if required)
CO'»T1� CoSPq Co4owT`� £r»�t°Y�E II��F-�iTS vla�T' CgN��C�,fA �+`/ �6D/G4C-
N44m' SEN6*rs c)/7* ov r my le wco&4766 QR P slims,.
4 . What particular act or omission on the part of county or district
officers, servants or employees caused the injury or damage?
TOE r ovar`l Oio n o r Amn fY ME 7;W7- = I,,As AQw r 7b
(over)
ti 5. What are the names of county or district officers, servants or
I� employees causing the damage or injury?
. ,ErYJrDGaY f_E Q cw E A n s6ev i ef- UM/T
6. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage.) -7, 7—)' /,4) RILLS
4 /57?D7. P /4 Gdsr c.0 ^40JeAc /3EAF.c7rf
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
t3 71 V 14 Al"S
) S-07- ,P /U Lo$f MJ Lasaf-
8. Names and addresses of witnesses, doctors and hospitals.
M eee 11?Kx� "607 *4- #W1/*C
9. List the expenditures you made on account of this accident or
injury.
DATE TIME AMOUNT
1- /•-17
S•z►-�-� ._._ / 379. 2 `
Gov. Code Sec. 910.2 provides
"The claim must be signed by the
claimant or by some person on his
SEND NOTICES TU: (Atturne behalf.
Name and Address of Attorney )
O ) (C1 imant's Signature)
�. /'�']EA/N )
/9Z,7 S/s r/yov ,D/t ) S/Sl/YOU OD/Z.
W ACvurC, W (Address)
&J#4GNUrQZ C C14 1 fyvlg
Telephone No S/0 Telephone No. 732- D y33
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
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA August 12, 1997
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 nt to Government Code
Amount: $100,000.00 Section 913 % a all "warnings".
CLAIMANT: Yvonne Ramos JUL 1 6 1997
ATTORNEY: COU"yy COUNSEL
Date received MAR`FINEZCALIF•
ADDRESS: 3208 Monica Ly. BY DELIVERY TO CLERK ON July 9, 1997
Hayward, CA 94541
BY MAIL POSTMARKED: Hand Delivered
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: July 16, 1997 IVIL BAATTCUELOR, Clerk
eput _II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: BY: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
( ✓) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: R - 4 — 27 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code .section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately. * For Additional 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: $_�%-9'7 BY: PHIL BATCHELOR b0 Duty Clerk
CC: County Counsel County Administrator
Claim ta: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
.A. 4•zlaims relating to causes of action for death or for injury to person
or to personal 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. (Gov't Code 911.2. )
B. Claims must be filed with the Clerk of the Board of Supervisors at its
office in Room 106, County Administration Building, 651 Pine Street,
Martinez, CA 94553 .
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the
end of this form.
RE: Claim By Resery d for C rk's f ling stamp
YVONNE RAMOS )
)
=' RECEIVED
Against the County of Contra Costa)
or El Sobrante ) JUL - 91997
Sheriff ' s Department ) 5:O4 ('•(Y1.
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 $ $ 100, 000 .00
and in support of this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
On January 9 1997 (time unknown)
at 5290 San Pablo Dam Road Apt #11 , El Sobrante, CA 94803
_Appartment was illegally entered into and searched
2 . Where did the damage or injury occur? (Include cit— and county_ )
Sheriff Department of Contra Costa County negligently
went to the wrong address , broke into my apartment and
—trashed my apartment after illegal search
3 . How did the damage or injury occur? (Give full details; use extra
paper if required)
Detective Michael Beta had a warrant for another person
in a different apartment .
4. What particular act or omission on the part of county or district
officers, servants or employees caused the injury or damage?
Suffered from such nervousness and fear that I was unable
to sleep ever again in that .apartment . Because door was
never repaired , pain and suffering caused me to have to
rover)
move .
S. What are the names of county or district of f icers, ser-va_nts or
• employees causing the damage or injury?
6. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage. )
I suffered actual damage because of cost to move . Many
sleepless nights necessitated me to give away much valuable
_ property in order to move .
7. How was the amocint claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
8 . Names and addresses of witnesses, doctors and hospitals.
. These facts were witnessed by my neighbor .
9 . List the expenditures you made on account of this accident or
injury.
ATE. TIME AMOUNT
1/30/97 $25,000.00 Had t
move . o give property away in order to
ftt�f*sf�#+t�fff�#+►*�#ff�**�ss�s#ff*+t#�e�*fas#f#f��ff,►*+�f#�ff�t�+r*#*
Gov. Code Sec. 910.2 provides
"The claim must be signed by the
claimant or by some person on his
SEND NOTICES TO: (Attorney) behalf. "
Name and Address of Attorney
L
Yvonne Ramos (Claimant's Signature)
3208 Monica Ly. ) _`
Hayward , CA 94541 ) -3Z� F -N &-i, ;, f
(Address)
lcC4 C (� S' �f
Telephone No. ) Telephone N0.62 (S� 5 d'C" 7 7
NOTICE
Section 72 of the Penal Code provides:
Every person who, with intent to defraud, presents for allowance
c- for payment to any stag 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.
n✓ . ;�- ►,
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
August 12, 1997
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: $4,300 Section 913 *IIW%Dte all "Warnings".
CLAIMANT: Joyce L. Tetreault
J U L 1 6 1997
ATTORNEY: TY COUNSEL
Date received MARTINEZGALIF.
ADDRESS: PO Box 6640 BY DELIVERY TO CLERK ON July 15, 1997
San Pablo, CA 94806
BY MAIL POSTMARKED: July 12, 1997
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
p�{ g
DATED: July 16, 1997 BUIL Deputy OR, ClerkJ-f OVA
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( X
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 --7— BY: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
( 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: - IL-97 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately. * For Additional 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: 0- Ig -q 7 BY: PHIL BATCHELOR b puty Clerk
CC: County Counsel County Administrator
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: Joyce L. Tetreault
P.O. Box 6640
San Pablo, CA 94806
RE: CLAIM OF: Joyce L. Tetreault
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.
Q3. The claim fails to state the date,place or other circumstances of the occurrence or
transaction which gave rise to the claim asserted.
❑x 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 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 his behalf.
❑ 7. Other:
VICTOR J. AN, Co t Cou
By:
Deputy ty C 9 dn' el
Page 1
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 18, 1997 at Martinez,California.
La I
cc: Clerk of the Board of Supervisors(original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8)
C:\MyFiles\Tetrault.wpd
Page 2
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for-death or for injury to person
or, to .personal property or growing amps and which accrue on or after January 1,
1988, mast 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. Clam must be filed with the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate.;claims must be
i filed against each public entity.
1
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 'at the end of this '
corm.
seaere +seea * eeareeeaeeeeaeeaeeeeaeNs� eaa � ee � e
RE: Clai By ., , Reserved for Clerk's filing stamp
AgainsE the unty of Utra Costa )
or ) JILL
District)
(Filln name }
The undersigned clamant 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. Whera 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)
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
" ' Wnat are the names of county or district officers, servants or employees causing
the damage or injury?
t of in cries or
5. What damage or injuries do you claim resulted? (Give full exten
damages claimed. Attach two estimates for auto damage.
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
d. Names and addresses of witnesses, doctors ar,& hospitals.
ern.wy._w-----__--_..w_wr_e++rs./w..+•'rr+�r�'w++��wrs••r••�+rs+��+re.._rMMwrr_..w�rtrirwar
9. List the expenditures you made on aocount of this accident or injury: `
DATE ITEM AMOUNT
Gov. Code Sec. 910.2 provides:
"The claim must be si ed by the claimant
SEND NOTICES TO: (Attorney) or by s erso s behalf."
Name and Address of Attorney
Claimants signature
Address,
Telephone No. 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 ($10,000, or by
both such imprisonment and fine.
RECEIPT
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IA
BOARD OF CONTROL
SUBMIT TO: STATE BOARD OF CONTROL
TORT- CLAIM GOVERNIOR CLAIMS PROGRAM THIS SPACE IS FOR STATE
P. 0. BOX 3035 BOARD OF CONTROL USE ONLY
BC-1A (REV. 12/88) SACRAMENTO, CA SS$12-3035
BEFORE COMPLETING THIS FORM. PLEASE READ THE INSTRUCTIONS ON THE BACK. SUBMIT ;
THREE COPIES OF THIS FORM TO THE STATE BOARD OF CONTROL. YOU MUST COMPLETE EACH
SECTION OF THIS FORK OR YOUR CLAIM MAY BE RETURNED TO YOU AS INCOMPLETE.
1. NAME AND MAILINGA ECIr? TOTAL DOLEAAR AMOUNT OF CLAIM 430U. 00
Name(sketreault, Joyce Laurene AS A DIRECT RESULT OF THE INCIDENT: $ 4300
P.O. BOX 6640 IF THE AMOUNT IS UNSPECIFIED AT THIS T M , OUT$10,000, CHECK THE APPROPRIATE COURT JURISDICTION:EXCEEDS
94806 '_) MUNICIPAL COURT 1::1 SUPERIOR COURT
Mailing Address
A
City State Zip Code HAVE SUPPORTING DOCUMENTATION FOR THE AMOUNT CLAIMED,
PLEASE ATTACH THREE COPIES TO THIS CLAIM.),
4. WAtt CM i=V9fihr Time 189 1997 final comprehensi ye
Mo'rebrua1 199
hospital bill for 4111 . 50
for apatient no. 69-17-89-0
IF YOU ARE FILING. THIS CLAIM BEYOND SIX MONTHS FROM THE and a little extra for
INCIDENT DATE. PLEASE SEE INSTRUCTIONS FOR FILING LATE vehicular towing and storage
CUabOAROg NATION ON THE BACK OF THIS FORM.
5. WHERE DID THE DAMAGE OR INJURY OCCU
OR MILE MARKER.) SCOUNTY RJET ADDRESS, INTERSECTIONra2rfFffOr
i♦w 0,� rl`•V/wt�1•C�alt V l) Lj:Y, to WI� ST, U&
Began with unidentified hearer at radio station listening to
1
complainant 's verbal comments made hearable by means of illegal
microphone, followed by blocking of .ATM, then citing bZ E1 Cerrit top-
PLEASE6.
CLAIM AGAINST THE STATE OF CALIFORNIA. IF KNOWN, IDENTIFY THE NAME OF THE STATE AGENCY(IES) AND/OR STATE EMPLOYEES)
THAT ALLEGEDLY CAUSED THE DAMAGE Oq INJURY.
Policeman ( ?) , then unjustified 5150 by "Corporal Preston Thompson"
(no badge number) alleged El Cerrito Policeman (also allegedly no
longer with the E1Cerrito police ( "retired" ) , followed by ride in
strange van (no medical equipment) , like van and medics (?)
involved in squally questionnable 5150 complained of in writing
to NOW and Oakland police in June 1992 ( ?) followed by series of
highly unprofessional management of stay at Merrithew Memorial,
ind including mental,abuse at a minimum.
e
7. WHAT SPECIFIC DAMAGE QR
INJURY LA M RESULTED FROM THE ALLEGED ACTIONS?
unnecessary financial expensesk, *suffering of cats (couldn ' t be fed
furtherance of abuses that have continued for several years
Pow. Unfair exposure to miscellaneous invasive checks (by KGO
ap
8. 5END_0Mffi6MhS ND OTHER CORRESPONDENCE M: 9. SIGNAT R A A RN Y PR EN A IVE
Name (PLEASE r
claimant above Signat Date
Mailing Address
[„
Daytime
Claimant Attorney/Reprep tatire
City State Zip lode 64 r
tsr�) C;nv- -Sy 1 ,� ) a,a.
'fes S4�aAV �t� V�Lt S T^^I C 'Elz. 1 l �.v1t I
SECTION 72 OF THE PENAL CEDE
"EVERY PERSON WHO, WITH INTENT TO DEFRAUD, PRESENTS FOR ALLOWANCE OR FOR PAYMENT TO ANY STATE BOARD OR OFFICER, OR TO
ANY COUNTY, TOWN, CITY, DISTRICT, WARD, OR VILLAGE BOARD OR OFFICER, AUTHORIZED TO ALLOW OR PAY THE SAMEO F GENUINE,
0Y FALSE OR FRAUDULENT CLAIM, BILL, ACCOUNT, VOUCHER, OR WRITING, 1S GUILTY OF A FELONY."
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G�./l.a� i.'l.t-�.. a2ti--�---� v ( rL"-°---�—`�tr,---t.'1 ���¢r'�-s./G.�--f��,v�••—`t!.� '
c it C
I contest this bill . It was clear I did not wish the mental
health service. It also appeared that even the policeman who
placed the 5150 had some second thoughts about going through with
the 5150 after some further discussion took place just prior to
the arrival of the EMS. The police report is actually rather
dishonest (the advisement) . It was in fact not Matuska who
placed the 5150 but a policeman who arrived after Matuska had
just about completed the procedures involved in giving me a
citation for lapsed registration. I had been quite cooperative
with Matuska. I gave him my license, my most recent registration
without resisting . I did not exactly say what the advisement
says that I said; and I think it was very unfair for it to have
been written in the way it was . The way it was written it ignores
a lot of details and does indeed make me sound crazy .
I have been making numerous attempts to get a handle on the
ongoing harassment I have been experiencing. I have filed several
reports with the San Pablo police, among them 93-9740„ 93-9542,
93-6342, and 95-2228 . I have had an annoyance call case for
several years now and although I had consistently used the call
trace service prior to the existence of the advent of Caller ID,
I have received no information as to who it is that is calling
me. The calls have substantially subsided now, but I would think
I would be told something beyond hints ..
I told Matuska of my efforts with the San Pablo police. I also
told him of a detective I had used, Peter Franklin, with respect
to the types of information about the microphone. Matuska appeared
to have been acquainted with Peter Franklin; and when I called
him a detective, Matuska commented that he knew of the person as
a CEO and movie star (this is rather wry, I believe, on his
part ) . It is easy to ascertain that some people know of Mr.
Franklin as a detective. The fact of the source should obviate
the use of the information in the way it was used in the patient
advisement . I told Officer Matuska that I had been told that I
have a problem with the Berkeley Police. Further hints around
the topic of the Berkeley Police and the nature of the problem I
was experiencing guided me to understand that my problem specifically
was because of CIA interaction with the Berkeley Police. (Since,
I have heard references to the Marines, but I 'm not clear about
how this relates to the Berkeley Police. ) I was very specific
about the microphone,, which I did mention. People on the radio
would play back sounds that I identified as coming from my apartment .
It seems like a microphone was later found . I think that when I
mentioned the CIA, /I said that the CIA did exist--in fact it was
actually in the phone book. Still , I had something of an anchor
for my discussion, and think it very inappropriate for law
enforcement to use this as a basis for a 5150 . Actually, having
a microphone and talking about it is not a sign of danger to
self, to others, or of inability to provide food clothing or
shelter for oneself . It is also dishonest because law enforcement
people are experiencing the, hara smgpt ,them! ,gI mss, and overall
are quite aware of what it is to De in or ouit
As for not completing the smog check, it all relates to my
inability to utilize the legitimate system to protect myself from
harassment . for instance, once I called triple A for road service,
and the following day someone I was trying to avoid came to my
place of residence. someone yelled to me that I was tracked
through my Triple A card. I had avoided getting a smog check
only because I was always required to give my address and repeatedly
said this to people who stopped me for failing to refgi
C_
register my car. All the while of course, DMV had my address,
and it had even given it to a man who claimed to be my brother
(not following their own procedures) . Still I have not gotten
sufficenct assistence
in acknowledging the nature of the problem I have been experiencing
and enabling me to protect myself . It looks now like I have a
new order of problem with the DMV and service stations that
perform smog checks, such that the vehicle was improperly identifed by
the service station that passed the vehicle, and the DMV will not
acknowledge receipt of registyration funds I have paid . The DMV
has also assessed me charges for which it cannot rationally
account .
The "spirit" phone, combined with the mafia infiltration of the
general population had informally--as it does--by means of hand
gestures, etc. , given me the green light, so to speak, to drive
without a smog check, based on my efforts to pierce through the
web after previous stops for expired registration, and other
frustrated efforts to achieve some . flexibility through the DMV
and Bureau of Automotive repair . Someone even yelled to me,
"Drive free. " People have said to trust what is yelled, those
who all - which is more than I can resolve through the DMV. ' s
or the BAR ' s right hand. What does it mean to "drive free. "
How completely can one trust what it is yelled?
I told Matuska my story about why my registration is not current,
and he seemed to emphasize that he was stopping me for not having
paid my fees the previous year rather than for not having a valid
smog certificate behind my vehicle (not a gross polluter) .
I think Officer Matuska was on "I" ward on 2/10/96; and I think
it must have been Corporal Preston Thompson ' s mother in my dormitory
(girl scout service beads around her neck) . I did call Officer
Thompson a "son of a bitch, " and later apologized for it . He
said thoughtfully, "actually that wouldn' t be about me; that
would be about my mother. "
Anyway, it was Officer Thompson who called in the 5150; I heard
him. It sounded like Matuska was ready to let me go. Officer
Thompson did not arrive until my discussion with Matuska was
virtually finished. EMS was not there until after Officer Thompson
called in the 5150 . EMS was not there a particularly long time;
contrary to their report . I hardly said anything on the way to
the hospital . Like the very strange 5.150 in Oakland in 1992 (for
which I sought Peter Franklin ' s help) they indicated that they
were recoding everything on the trip to the hospital . QWas this
a real EMS vehicle? Inside the van in 1992, it was more like an
empty panel truck; with one long seat on one side; and one long
seat on the other. I really do not recall it seeming like an
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•, CLAIM C • a-'
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA August 12, 1997
Claim Against the County, or District governed by) 5 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: $19,294.00 Section 9 Mil--VIR' note all "Warnings".
CLAIMANT: Dave M. Wellerdick and
Cassandra Kolto JUL 18 1997
ATTORNEY: F:* , COUNTY COUNSEL
Date received4ARTINEZCALIF.
ADDRESS: 1244 Vine Avenue BY DELIVERY TO CLERK 0 N Jifl�z 17, 1997
Martinez, CA 94553
BY MAIL POSTMARKED: Hand Delivered
1. FROM: Clerk of the Board of Supervisors TO: County Counsel.
Attached is a copy of the above-noted claim.
DATED: July 18, 1997 �aIL �eP�tyLOR, Clerk
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( } Other:
Dated: BY: Deputy County Counsel
4:00r 67
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
(�) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: HIL BATCHELOR, Clerk, By - _.,,.,)Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately. * For Additional 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: - �C� —q'7 BY: PHIL BATCHELOR by eputy Clerk
CC: County Counsel County Administrator
Clam to: WARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CiAD4ANT
A. C1ai-s relating to causes of action for death or for injury to person or to Per-
sonal property or growing crops and ubich 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 vhich 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 up, t be presented not
re
later than ayear after the accrual of the cause of action. (Govt. Code 5911.2.)
B. Claims must be filed xith 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 mme of the District should be filled in.
D. If the claim is against more than:one public entity, separate claims must be
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal. Code See. 72 at the end of this
Fo^_^..'.
RE: Claim By ) Reserved for Clerk's filing stamp
Dave M. Wellersdick
Cassandra. Kolto - ) RECEIVED
Against the County of Contra Costa ) i T
District). aXK 80A OF SUPERVISORS
Fill in nam CONTRA COSTA CO.
Mie undersigned claimant hereby makes claim against the County of Contra Costa or
the above nam-..d District in the sum of $ 19,294.00 _ and in support of
this claim represents as follows:
I. When did the damage or injury occur? -(Give exact date and hour)
January 23, 1997 2:34 p.m.
2. Where dial the damage or injury occur? (Include city and county)
Pacheco Blvd. & La Salle St. Martinez, California Contra Cos:ta. County
3. How did the damage or injury occur? (Give full details; use extra paper if
reouired)
see attachment
4.. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
county employee driving a county truck caused the accident by following to
closely, other associated factor was inattention per reporting Officer Ferrari.
j. mat: are the names of couniv or .districtY officers, servants or -employees causing
t'_ie damage or injury? _
Gregory Peter Staffelbach
5. What .damage.or injuries do you claim resulted? -(Give full extent of injuries or
damages claimed. Attach tuo estimates for auto-damage.
The--vehicle was.- severely damaged; the passengers received injuries to the neck,
'back, and knees.
7. Iiow..uas the amount claimed above cosuputed? (Include the estimated amount of any
prospective injury or damage.)
see attachment
$. !Names ani addresses of witnesses, doctors and hospitals-
; pas8enger: Jennifer Kolto Kaiser
1244 -.-Mary Jimenez: (driving by)
- Vine Avenue 200 Muir Rd. � 228=9626
Martinez, Ca 94553 Martinez, Ca 94553
9. List the expenditures you made on account. of this accident or injury:
DATE ITEY. AMOTW
see.,attachment-
� � � /E � 14 1F IE IE .�E iE If �E �@f{! 4y�f� iE+. �.,� ��� �� 1f � !E � � �'� � � � � � � /E �' � IF' IE•� �F,
Fov. Code Sec. 910:2 provides:
The` claim must be signed by the claimant
SEND NOTICES T0: (Atto_rner ) "` "40`,R;kC�d of some n on his behalf.TM
Name and Address of Attorney �
(Claimant's Signature
1244 Vine Avenue .'
Address
Martinez,, California 94553
Telephone No. Telephone No. 510-229-1223
N 0 T I C E
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or for
payment to any state board or officer, or to any county, city or, district board or
officer, authorized to'.allou 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
*Jot} :sz cch
ATTACHMENT
On January 23, 1997, at approximately 2:34 p.m., claimant David Wellersdick was
driving Northbound on Pacheco Boulevard, in Martinez, California, with his daughter,
claimant Jennifer Kolto. As they approached La Salle Street, Mr. Wellersdick turned on
his indicator to make a left turn. While stopped at the intersection waiting to make the
turn, they were struck with tremendous force by a county truck being driven by Mr.
Staffelbach. The impact pushed their vehicle through the intersection. They were
injured, stunned and shocked by the impact, and their vehicle was severely damaged.
There were no skid marks made by the county truck before impact. Mr. Wellersdick and
his daughter were both wearing seat belts at the time of the collision.
Officer Ferrari arrived at the scene and made a police report. Mr. Staffelbach stated to
Officer Ferrari that he was distracted by his ringing cellular phone. Mr. Staffelbach was
cited by Officer Ferrari. (See attached Police Report.)
Claimants believe Mr. Staffelbach is an employee of the county and was driving a county
vehicle at the time of the collision. As a direct and proximate result of Mr. Staffelbach's
negligence, claimants have suffered injuries and property damage in the amount of
$19,294.
Claimants' damages are as follows:
Lost wages: $1,600 (The lost wages are time off work for claimant Dave
Wellersdick)
Medical: 474 (The medical expenses :=✓ere incurred by David Wellersdick
and Jennifer Kolto)
Property: 4,563 (The vehicle is owned by claimant Cassandra Kolto)
Rental car: 657
Pain and
Suffering: 12,000
Total: $19,294
CASE$Nr r
MARTINEZ POLICE:DEPARTMENT
(
TRAFFIC COLLISION REPORT INCIDENT NO..'
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REPO
OFFF. APPROVED:
PAGE
MPD FORM#1604/94
AMENDED C • l
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA August 12, 1997
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: Exceeds $10,000.00 Section Q__M note all "Warnings".
CLAIMANT: Bakr, Tahsin Mr. and Mrs.
J U L 18 1997
ATTORNEY: Sami I. Shamiyeh COUNTY COUNSEL
Law Offices of A. Nick Shamiyeh Date recei vMARTINEZ CALIF.
ADDRESS: 2221 Olympic Blvd. , Ste. 100 BY DELIVERY TO CLERK ON July 16, 1997
Walnut Creek, CA 94595-0308
BY MAIL POSTMARKED: July 15, 1997
Certified Mail
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Jul 18 1997 IVIL BATCHELOR, Clerk
DATED: Y eputy
11. FROounty 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: BY: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
( This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: HIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately. * For Additional 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: — 7 BY: PHIL BATCHELOR by f �. Deputy Clerk
CC: County Counsel County Administrator
Law Orices of
A. Nick Shamiyeh
2221 Olympic Boulevard, Suite 100
Walnut Creek, California 94595-0308
Telephone: (510) 935-9401
A. Nick Shamiyeh Facsimile: (510) 935-9407 Sami L Shamiyeh
RECEIVE®
July 15, 1997
juL 161997
Clerk of the Board
651 Pine Street, Room 106 C ERK BOAR1)OF SUPERVISORS
Martinez, California 94553 CONTRA COSTA c0.
Re: CLAIM AGAIivSTCOUN1Y OF CONTRA COSTA
The following amended claim is made pursuant to Government Code section 910:
a. Claimants are Mr. and Mrs. Tahsin Bakr whose address is 3954 Quail Ridge
Road, Lafayette, California;
b. All notices regarding this claim shall be sent to claimants' attorney, A. Nick
Shamiyeh, 2221 Olympic Boulevard, Suite 100, Walnut Creek, California, 94595;
C. On January 24, 1997, a major slide in the Tiffany Hills Subdivision damaged
claimants' real property as well as the street directly affronting the property located at
3954 Quail Ridge Road, Lafayette, California. The cause of the sliding was a broken
water main that was not timely repaired by EBMUD; as well as failure by EBMUD to
adequately monitor, repair and maintain said water main in the above-mentioned
subdivision; and negligence by governmental agencies including, but not limited to the
County of Contra Costa and the City of Lafayette with regards to supervising and
monitoring the design and specifications; approval of the final map for the subdivision;
of all off site i:-�rrave�rex�ts, r:,adwuys, and the i��pr:;p€r issuance of banding }permits
as well as the lack of supervision and maintenance by governmental agencies including,
but not limited to the County of Contra Costa and the City of Lafayette.
d. The sliding has caused severe damage to claimants' real property; and
private road affronting it; as a result claimant has suffered emotional distress;
e. The names of the public employees causing the injury are not currently
known;
f. The amount of the claim exceeds $10,000.00 and jurisdiction would rest in
the Superior Court.
THE LAW OFFICES OF A. NICK SHAMIYEH
By: Sami I. Shamiyeh, Attorney for Claimant
Law Offices of
A. Nick Shamiyeh
2221 Olympic Boulevard, Suite 100
Walnut Creek, California 94595-0308
Telephone: (510) 935-9401
A. Nick Shamiyeh Facsimile: (510) 935-9407 Sami L Shamiyeh
RECEIVED
JUL 1 6 1997
July 15, 1997
CLERK BOARD OF SUPERVISORS
Clerk of the Board CONTRA COSTA CO.
651 Pine Street, Room 106
Martinez, California 94553
Re: CLAIM AGAINST COUNTY OF CONTRA COSTA
Dear Clerk:
I have previously submitted a claim on behalf of my client Tahsin Bakr and his wife. The claim
arises out of a major slide at the Tiffany Hills subdivision.
In response to my claim, I received a letter from Julie Aumock regarding the jurisdiction of the
County. In reply to that letter I am enclosing an amended claim that will clarify the County's
basis for liability.
I am enclosing a copy to be returned in the provided envelope, endorsed filed for my records.
If you have any questions, please give me a call.
Very truly yours,
Sami I. Shamiyeh
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