Loading...
HomeMy WebLinkAboutMINUTES - 09161997 - C10 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 16, 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: $2,200.00 Section 913 and 915.4. Please note all "W " CLAIMANT: Caryl Russo AUG 18 1997 ATTORNEY: Date received COUNTY COUNSEL ADDRESS: 5086 Alhambra Valley Road BY DELIVERY TO CLERK ON August 13, 1997 MARTINEZ CALIF. Martinez, CA 94553 BY MAIL POSTMARKED: August 12, 1997 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Y IL BATCHELOR, Clerk DATED: August 18, 1997 9b: Deputy 1I. 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: /9 r 99 ) 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:_9 — 11a- /997 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six• (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina See reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that 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 q- 19 9 7 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT laims 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 ecember 31, 1987, must be presented not later than the .100th day a ter the accrual of the cause of action. Claims relating to causes oJr action for death or for injury to person or to personal property rowing crops and which accrue on or after January 1, 1988, must e resented not later than six months after the accrual of the cause of ction. Claims relating to any other cause of action must be pre ented not later than one year after the accrual of the cause of act on. (Gov't Code 911.2. ) C1 ims must be filed with the Clerk of the Board of Supervisors at its o fice in Room 106, County Administration Building, 651 Pine Street, rtinez, 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: C ''m By Reserved for Clerk's filing stamp Against the County of Contree os ) or District) cp I Fill in name) ) >o Lili D c, >< ) N he undersigned claimant hereby makes claim against the ounty of LU M o ontra Costa or the above-named District in the sum of $ 00 L) ' nd in support of this claim represents as follows: U,J 6z °D When did the damage or injury occur? (Give exact date and hour) 131� 'tvn Z e rlid the daMyr injury occur? (Include city and county) 3. How did the damage or injury occur? ive f l ails• a ex ra U" 4. Wh t particular at or omission on the part of count ,or district o icer rva is or em yees caused the injury damage? J (over) t 5., What are the names of county or district officers, servants or emp3oy, esucausing the damage or injury? 6. What damage or inj les do you clam resulted? (G' a full Ote t of 'njuries or da laimed. Attach tw estima s for Ale 7. How was the a ount claimed above co puted? (Include the estimated amo t of any prospec ive nju_ y or damage -) 21-11111 ;11 aL< 8 N. m � and addresses of 'tnesses, doctors and hospita 9. Li t the exp nditures you made on account of this accident or injury. DATE TIME AMO T Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his SEND NOTICES TO: (Attorney) beftlf. 11 Name and Address of Attorney ) (Cl-zvV t s Signa/tu/re ( ddress) 7- Telephone No. ) Telephone No. 0 icy - �..2 s sus zs i1v1Ce OTa1vrr lve;� 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. ° + CONTRA COSTA COUNTY HEALTH SERVICES �e"�th�"+i OS1491 tE,:-RGEKCT 638! A 010 _SL r' 1 C a PATIENT'S PERSONAL PROPERTY INVENTORY R U S S O C H Y L F MART 510 229-2065 IO I op 1Q1S �- 2 01243 �S8S - TO } STEM �E�Ft� 9 3O DI RpylQN ITEM YE 5 NO DATE OF ITEM UNIT SAFE DATE TE SIGNATURE/RELAI-112USH1H. r Hearing Aid Dentures Glasses/Contacts Rings t � - Watch Other Jewelry Wallet Handbag Money $ Other(camera,radio, �. l razor,cane,walker, prosthesis,etc.) Disposition of patient's own medications: e , 13 Home O To Pharmacy Disposition of clothing: ` Receiving nurse signature/title: I certify that this is a correct list of my/the patient's belongings. I understand that the hospital maintains a fireproof safe for the safekeeping of money and valuables, and the hospital shall not be liable for the loss or damage to any money, jewelry, documents, furs, garments, or other articles of unusual value and small size, unless placed therein, and shall not be liable for loss or damage to any other personal property, unless deposited with the hospital for safekeeping. The liability of the hospital for loss of any personal property which is deposited with the hospital is limited by statute to five hundred dollars ($500) unless a written receipt for a greater amount has been obtained from the hospital by the patient. (California Civil Code Section 1860). I takethe ntire esponsibility f articles subsequently brought fturin the patient's hospital stay. 5 I Date tura—PatienGPatient's tat' Witness MR598-0 (3/93) PATIENT'S PERSONAL PROPERTY INVENTORY 000 errithew emorial OWDUIZU- AND HEALTH CENTERS HEALTH SERVICES DEPARTMENT '" HOSPITAL AND HEALTH CENTERS ADMINISTRATIVE OFFICES 2500 ALHAMBRA AVENUE MARTINEZ, CA 94553 (510) 370-5100 JULY 8, 1997 CARYL RUSSO 5086 ALHAMBRA VALLEY ROAD MARTINEZ CA 94553 Dear Mrs. Russo: Your claim for the missing bracelet which was lost during your hospitalization has been denied. The staff thoroughly investigated your claim. You signed off on the clothing sheet indicating that the staff informed you of the safe. The form also states that you accepted full responsibility for items that you chose to keep with you in the hospital. I, therefore, feel that staff was not negligent for your lost bracelet. Sincer ly, Fra . isi, Jr. Executive Director Merrithew Memorial Hospital & Health Centers Enc: Patient Personal Property Inventory sheet cc: Gayl Belfor CONTRA COSTA COUNTY .: oa,, cT sra----------- A3 01 A- coiii`A301A-0(1/96) Loan 4 1� r. O • LL e/ss i �' 4 For ard L a 4 Ln 6 7 } Lbca h 10 0) O �- N c7 V• u'� 9 -- 10 lr 12 ,.- 13 . . _ 14 i5 � 1� Your Aecoynt Stated to Date .if'Error.is,Found Return at Once:.; STYLE 1200 :o .v cT' K� CONTRA COSTA Myy ItALiM SERVICES Policy No. 155 ICRRITICM MDtGR1AL HOSPITAL • CLINICS PATIENI/VISITOR Ka si ►Ot KRSONAL PROKATT ICI1/tJRS IEW1 krsssssssssssasasessssessssasassserssasssrrssarsrsssssssssssrsssssssssrsssssreessrssssasssssssassss Action 10 N Completed by ient/Visitor : S� tat ant 1►i Ston trrsas O Cit � ephone s (Hosie)• O- O (Mork) / 3 Y -er tM aarY+er less or Caape G r144 7 rp unt to »pair damaged property i We purcl+sseds tach inv�_g#•otinv_o4 • Ktusl re4sirr.pair) .lip Wal Purchase prise of wtiele(o) � tLoch �) �s> ' t ,rsnss.as..ssscs..sacs...r...arrrrrs..ssrrrrrsrrrrarrr r8 srrarrrrsrrrrcrs.rs rarrrrr..sss�ass.. e Section To •. Completed By Witness--- firsing statement by witness to lmid h: ��O�J S Vitness kame (print) Witneas signature Date :ssscscsasasssssssssssssssssscsssssssrssrssssasssssssassssssssssssssssssss:sssssasasrssasssasssssssssssss s Section To •e Completed by Responsible Administrator I recommend approval of this request because it amts the criteria for raiasbursament as outlined in IMM 1 C Policy •Camponsation for lase Or Dss►age To Hospital and Clinic Patient/Visitor Psoperty, w as folio■s: J I do not recommend approval of this request because it does not Bret the criteria foe rsiabune%ent for the following reasons �assascscssssssssssssssasssessscscssssssassassssasssss:sssassssssssssssssssssssissasassssissssssscscccc This Section 10 be Completed By hospital and Clinic Esecutivo Director I do not authorize peyment. I authorize psymrnt to Patient/visitor in the anovmt of tom_• Si"ture Date Distributions Original. Hoop. Administrator Tallow . Patient/visitor DEMAND ' on ehe Treasury of the COUNTY OF CONTRA COSTA _/ _ p STATE OF CAUFORNIA DATE - SSo c l 0T) Irl T) !*IPORTM77 See tnatruetions On Reverse Side e.z— tTAT[ il►COD[ For the tum pf CO110r mind below: DATE DESCRIPTION ANOUNT 57-7 K 11is 01 e undersigned under the penalty of perjury states: That the above claim and tkeitems, as therein set out are true and correct; part thereof has been heretofore paid, and that the amount therein is justly W. and the same is WeseDted within one ter the last item thereof has accrued. Signed If oA ►+o. Received, Accepted , and Expenditure Authorized 91A8T698T NL♦D 08 CNltr Ot►UTr u FLIS. wT 1 1 IKyolrl a♦T[ 618GRIFTION UND/086. 8e00VeT eOWM♦e 0. IP/C TYt wT AYOUXr I TAxAstg MOUNT I 1a enw. ♦C 1V1 T 66gr T 1 � 1 � LUT01 -A 1 0 I 108 s 0 8 eCYY ♦8C Y IP/C ►♦Trtw /YOuwr V.111404A AMOUNT ♦ x 1 17 T uw 1 � 1 ear.IQ/77) W MEMORL4L HOSPITAL & CLDaCS POLICY NO. 155 JANUARY 1991 CONTRA COSTA COUNTY HEALTH SERVICES MERRIT'HEW MEMORIAL HOSPITAL& CLNICS PROPERTY DAMAGE RELEASE 02Jo9-1-5-, 'O In consideration of the payment to me in the sum of (p t name) do hereby release Contra Costa County and Merrithew Memorial Hospital and Clinics from any claims resulting from the loss or damage to my property occurring on (date) It is further acknowledged that in the event I disagree with any dispute, disagreement or denial of reimbursement of loss or damaged property, I may formally present a claim for damages to the Clerk of the Board of Supervisors. Signature Date witncsc---� Signature LOA &�XbDate —L'41/ i .�— J / / J t ` C V �Y ,N c, �J CLAIM C- 1 /Q BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 16, 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: $5,005.00 Section 913 and 915.4. Please note all "Warnin s" CLAIMANT: Edith Cortes and Philip Matthew Carter (son) ATTORNE'i AUG 18 1997 Date received COUNTY COUNSEL ADDRESS: 105 Bountiful Court BY DELIVERY TO CLERK ON August 7, 1997 MARTINEZ CALIF. Danville, CA 94526 August 6, 1997 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �a DATED: August 18, 1997 IL BATCHELOR, Clerk : eputy II. FROM: ,2ounty 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. PHIL BATCHELOR, Clerk B Deputy Clerk Dated: � — 1'G - 19 9? y WARNING (Gov. code section 913) Subject to certain exceptions, you have only six. (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: q - Ci l'7 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator RECEIVED August 5, 1997 ASG - 7 [CLERK BOARD OF SUPERVISORS Town of Danville CONTRA COSTA CO. Danville, CA. 94526 Attention: Clerk of Board of Supervisors Re: Claim of Edith Cortes & Philip Matthew Carter(son) versus Town of Danville, Danville Police Department, Danville Police Officer LaGonda McDonald Gentlemen: Enclosed for your review are the following documents in support of above reference claim: 1. Claim presented to the Town of Danville signed by Philip Matthew Carter 2. Claim presented to the Town of Danville signed by Edith Cortes 3. An Eight (8)-page, Personal and Confidential Statement signed by Philip M. Carter and Edith Cortes (Exhibit"A") 4. A three (3) -page, Personal and Confidential Statement signed by Hartley Hegeler (Exhibit`B") 5. A one (1)-page statement signed by Arturo Fernandez (Exhibit"C") 6. A one(1)-page statement signed by Pat Nakatsuka(Exhibit"D") 7. A copy of Police Report date 5/31/97 and addendum(s) (Exhibit"E") 8. A copy of a letter from Police Chief Dean dated 6/10/97 (Exhibit"F") Thank you in advance for your time and consideration of this matter. Should you have any questions please call me at (510) 675-7284. Sincerely, Edith Cortes Enclosures CLAIM PRESENTED TO THE TOWN OF DANVILLE *Please read the instructions on the back before completing. 1. Claimant's Name: (PLEASE PRINT) R j =77i Q97 Claimant's Address: 105 BOUNTIFUL COURT City, State,Zip: QANVT1 IF- CA- 93526 Day Phone: (J 1)1 675-7284 Eve Phone:510) 74.�-A729 2. When did the damage or iniury occur? Month: MAY Day: 31 Year: 1997 Time:10:22 am. p.m. 3. At which location did the damage or in41ua occur? Police Report # 105 BOUNTIFUL COURT, DANVILLE, CA. 94526 4. What happened and why is the Town responsible? a- Illegal entry. and seizure of personal property due to the Town' s of ensuring proper training of Police personnel . Name and position of responsible Town employee(s),if known: b. LaGonda McDonald 5. What damage or injury occurred? RFFFR TO ATTACH ';TATMFNT - Illegal entry, Illegal search and seizure of personal property. - Mental anguish due to police harrasment and behavior. - Violation of conlitutional rights. 6. Claim amount(only-if less than$10,000): $5,005.00 If the amount exceeds$10,000,please check( ) the court of appropriate jurisdiction: Municipal Court(claims up to$25,000) Superior Court(claims over$25,000) 7. How did you arrive at the amount claimed? Please attach documentation. PLEASE REFER TO ATTACH STATEMENT, ENCLOSED HERETO AND MADE A PART HEREOF. 8. I declare under penalty of perjury under the laws of the State of California that the following information is true and correct, and that this declaration was executed on A i i g,,S t r , 19_qZ_, at Q;;n V i 11 P, CA. Edith Cortes Signature of Claimant or Representative's Signature 9. Official Notices and Corresvondence rcpresen e y an insurance compare or an a orney,please provide the information requested below. Name and Capacity: (PLEASE PRINT) Address: City, State,Zip: Daytime Telephone: ( ) Evening Telephone: ( ) CLAIM PRESENTED TO THE TOWN OF DANVILLE storm *Please read the instructions on the back before completing. A I. Claimant's NFOTTH 1997 Name: (PLEASE PRINT) E� >N1uG c Claimant's Address: 105 BOUNTIFUL COURT IERK BO�AFtD OF SUPE CO.ISO City, State, Zip: DANVI11F- CA- U526 Cit Day Phone: (51)p 67S-7?q4 Eve Phone:510) 74'1-A72q 2. When did the damage or iniury occur? Month: MAY Day: 31 Year: 1997 Time:10:22 a.m. p.m. 3• At which location did the damage or injury occur? Police Report # 105 BOUNTIFUL COURT, DANVILLE, CA. 94526 4. . What happened and why is the Town responsible? a. Ille al entry and seizure of personal property due to the Town ' s of ensuring proper training of Police personnel . Name and position of responsible Town employee(s), if known: b- LaGond 5. What damage or injury occurred? RFFFR TO ATTACH UATMFNT - Illegal entry, Illegal search and seizure of personal property. - Mental anguish due to police harrasment and behavior. - Violation of coUjitutional rights. 6. Claim amount(only-if less than$10,000): $5,005.00 If the amount exceeds$10,000, please check( ) the court of appropriate jurisdiction: Municipal Court(claims up to$25,000) Superior Court(claims over$25,000) 7. How did you arrive at the amount claimed? Please attach documentation. PLEASE REFER TO ATTACH STATEMENT, ENCLOSED HERETO AND MADE A PART HEREOF. 8. I declare under penalty of perjury under the laws of the State of California that the following information is true and correct, and that this declaration was executed on A i i n i i -t 19 q 7 at Lld n V i 1 1 Q CA. Philip Matthew Carter Signa re of Claimant or Representative's Signature 9. Official No ices and Correspondence represen e y an Insurance company or an arfom<y,phase provide the information requested below. Name and Capacity: (PLEASE PRINT) Address: City, State, Zip: Daytime Telephone: ( ) Evening Telephone: ( ) , Xfub�t .q July 29, 1997 PERSONAL AND CONFIDENTIAL Town of Danville Danville, California. 94526 Re: Claim of Edith Cortes & Philip Matthew Carter (Son) versus City of Danville, CA., Danville Police Department, Danville Police Officer LaGonda McDonald. Gentlemen: Enclosed is a completed claim form presented to the Town of Danville, CA. Please consider this cover letter as part of the claim form content. The reason we are taking the time, energy and resources to file this claim is due to the fact that: • Our civil and constitutional rights have been violated. • My personal property has been illegally confiscated by an officer employee of the City of Danville: Police Officer LaGonda McDonald. • This has caused financial loss, emotional distress and harm and loss of reputation; all due to the negligence, misconduct and lack of training by the Danville Police Department and by its employee Officer LaGonda McDonald. As a preface to filing this claim, I recount the following incident that occurred on July 23, 1997. The following illustrates the abuse we have and are being subjected to arising from the ladder incident with the Danville Police. On 7/23/97, 1 arrived home after work to find that our next door neighbor Mr. Blake had dumped a pile of tree branches (about 4 feet high) onto our yard.* The branches were cut from over-hanging limbs that reached onto Blake's property and cut from his side of the property but which grew from apple trees on my property. I explained to Mr. Blake that he had every right to cut any branches from my trees over-hanging on his yard, but he did not have a right to dump them onto mine. He replied: 1 do not know what you are talking about", "I don't have any apple trees". My son told him he saw him and his associate cutting the branches and he laughed and said "I guess it's our word against yours". "Why don't you go ahead and call the Danville Police? Since they tell me you have been harassing them, Let's see who side they'll take, Let's see who they'll believe.... See if they help you now" and they laughed. Needless to say, I did not call the Danville Police. After my current ongoing experience with the Danville Police, I do not feel that they are there to protect us. *the branches have now been removed. 1 y This is the same neighbor or person who is referenced in the police report dated 5/31/97 lines 1 through 6, who had possession of a ladder allegedly belonging to a Mike Mitchell in April or May of 1997, which he reported missing or stolen on or about 5/21/97. My ladder on the other hand has been in my back yard for years and we have various witnesses that will attest to that fact. On or about 5/31/97, Officer LaGonda McDonald of the Danville Police came to my door at 105 Bountiful Court and confronted my son, Philip Matthew Carter. about a stolen a ladder?. She accused him of having possession of a ladder that did not belong to us but rather belong to the neighbor or someone next door at 109 Bountiful Court. When my son denied any knowledge of this, Officer McDonald said "Maybe we should talk about this in your back yard." Thereby gaining entrance to my property using a deceptive ploy. Not having anything to hide, my son permitted her to enter as officer McDonald had not expressed her intention to remove my property. When officer McDonald found my ladder she decided to believe the neighbor or Mitchell that the ladder belonged to them and not to me and told my son; "Either you give the ladder to Mr. Blake or I will have to impound it as evidence" Evidence of alleged theft. My son advised officer McDonald that the ladder belonged to me. He never agreed to give her or my neighbor my ladder; she did not give him a choice. In effect, she accused him of stealing a ladder by implication, confiscated it and removed it from my premises. She assured my son that the ladder would remain and would not be removed from Mr. Blake's property until I returned from vacation and I could prove this ladder belonged to me." She took no measures to label the "evidence" at this time. Notice that the police report omits these facts. Officer McDonald said that the neighbor could identify and describe the ladder which he reported as missing or stolen on or about 5/21/97. (line 6, police report). Officer McDonald's Report also omitted the statement of my tenant, Mr. Jon Colefield. On 5/31/97, at the time of the incident he told her that my ladder had been on my property since he had live there, over 12 months ago. That he had personally put my ladder under and against the above ground pool at least 9 months earlier" Did Officer McDonald identify my ladder in her report by make, manufacturer or serial number? No, but she does refer to two separate ladders - One 22 feet in length and one 25 feet in length. (refer to Police Report dated 5131/95, page 3 of 3, and addendum to Police Report dated 6/24/97) 2 Officer McDonald did not have a warrant or other legal authorization to remove my personal property from my premises. She did not advise my son that he was to be the subject of a public report of petty theft. Since this incident occurred, my ladder has disappeared after being given to Mr. Blake. The ladder now in the possession of the police might be my ladder., contaminated with prints, writing, paint or other matter not on it when it was removed, or it may not be the same ladder. The Danville Police has gone to extreme measures and expense to justify their behavior. I know my ladder is missing and the Danville Police was negligent in not protecting my property which they improperly removed from my premises. Further, no summons, notice or letter was given to my son or to me stating the reason for Officer McDonald's actions. The Danville Police's failure to maintain custody and control of my ladder from the day it was removed has jeopardized my legal rights and denied me appropriate Due Process under the law. Although, I am a U.S. Citizen, I am of Latin origin and so is my son, Philip Matthew Carter. My son has on at least two occasions being questioned by the Danville Police, while waiting at a bus stop or walking the Danville streets, about his right to be there. My son does not look like your typical White Anglo Saxon Danville citizen so he has had to prove to the Danville Police he has a reason to be here in Danville. We have kept quiet about this harassment on the part of the Police Department. Enough is enough. We are not going to keep quiet when my son's name has been made part of a Petty Theft Police Record and my property is removed from my house, without my consent, by an officer of the law. We assert this claim against the Town of Danville as the public entity responsible for its police action. The prior day the next-door-neighbor asked my son: Did you steal a ladder? My son responded "NO". But officer McDonald acted as judge and juin removing my ladder from my premises and presumed me and/or my son guilty of theft. She claimed my son turned my ladder over to her. My son is not my agent. He believed Officer McDonald when she said "the ladder will be next door until your mother returns." He had nothing to hide and felt he had no other choice but to comply with an Officer of the Law's request. She simply decided to give my ladder to our accuser. She physically seized the ladder and handed it over the fence to the neighbor. 3 Furthermore, Officer McDonald and by extension, her superiors at the Danville Police Department, continued to add addendum(s) to their report after the incident to support their theory that I or my son stole (petty theft) Mitchell's ladder, circling the wagons to defend the misconduct of Officer McDonald. This illegal and injurious action by officer McDonald stands the law on its head. How? By confiscating, misappropriating, removing or seizing personal.property belonging to me-- namely, my aluminum extension ladder without cause and based on a hostile neighbor's word. Then having lost possession and custody of my ladder, the Danville Police Department. advised that I must find the ladder andrp ove that it belongs to me. Do you have something in your backyard - say, porch furniture, for example, that you owned for over 12 years ... Can you imagine the police insisting that you produce a receipt for this? LUDICROUS! The Danville Police acted defensive and has treated us disrespectfully over the phone. The Danville Police Department is further responsible for the harm done to me by their negligence of not properly training officer McDonald in proper and legal police procedure. Even the Chief Dean of the Danville Police admitted to me and to others ( my son and to Mr. Hartley Hegeler) that improper procedures were used by Officer McDonald. She said: "she has counseled her and discussed several scenarios on the proper way of handling this situation. Further, witness have stated and will state that my ladder has been on my property for years before Mitchell's ladder was reported missing on 5/21/97. Mr. Hartley Hegeler, told Chief Dean that the ladder was there during his birthday party held at my house on 9/96. The Police Department called my ex-husband at work, who also confirmed the existence of an extension aluminum ladder at the house for the last 15 years. He told them the ladder had paint from our house and a broken link. These facts were omitted from the Police Report. In addition, my gardener has been using the same ladder for the last three years to trim my Italian Cypresses located in the front of my house. (See Attached) (All these witness saw my ladder laying on the side of the pool, where my tenant placed, months prior Mitchell's ladder was reported missing on 5/21/97. Officer McDonald prejudiciously violated my constitutional rights of protection from unreasonable search and seizure of property without a warrant. 4 ti The police report shows that Mr. Mitchell brought a ladder to the Danville Police Dept. with his name and Driver's License engraved on it, on 6/19/97, about 19 days after Officer McDonald gave them my ladder. This was very convenient and bold for him to do. Not incidentally, this was after our repeated calls and visits to the Danville Police to request that they return my ladder. He said he did not think about it before on the date my ladder was removed and given to him by officer McDonald. We find it hard to believe that he had inscribed his license on this ladder as on all of his equipment and tools but forgot to mention such an important detail to identify this ladder on the day of the incident. In addition, the extension ladder removed from my property measured 22 feet (Page 3 of 3 of Police Report dated 5/31/97) the ladder brought in to the Police Department for inspection was a 25 feet extension ladder. (Addendum to Police Report dated 6/24/97) Which is it? My ladder was located at a place that cannot be seen from Mr. Blake's backyard. Either Mitchell or Blake were obviously on my property without my knowledge. Suspecting that these individuals have entered my property without my consent makes me extremely uneasy; especially, when they seem to believe they can manipulate the Police Department and get away with it. I am terrified of my next door neighbor and his unemployed associates, as I do not feel that I could, in the event of an emergency, count on Danville Police's protection. Upon my return from vacation, on June 14, 1997,1 found out that my ladder was taken from my property based on my neighbor's accusation. I was outraged, I felt violated by the very people who we pay to protect us. I experienced, for the first time, what my son has felt every time the Police have questioned him for no reason other than his dark complexion. I feel that my sons and I are totally vulnerable. Basically, the police or the neighbor and/or his associates can do anything they want to us and get away with it. The ladder was removed from my property and given to the neighbor by Officer McDonald with instructions to keep it at said property until my return. The ladder was then moved to Castro Valley. Did the police retain MY ladder from the date it was removed from my property? Did they test the paint on my ladder against the paint on my house? No. They tested Mitchell's ladder against Mitchell's paint and believed Mitchell. What really happened to my ladder that was on my property? 5 PA/ Once again, my son and I are deemed guilty because we do not have possession of my ladder to prove it is mine which I should not legally have to do in the first place. My son told Officer McDonald the ladder belongs to his mother. Officer McDonald was informed that the rightful owner of the property was away from the area. The police gave my ladder to Mitchell and Blake and I have not seen it since. What Mitchell claims 3 weeks after my ladder was given to my neighbor Blake and him is not relevant to the Civil and/or Criminal wrong done to me and my property by Officer McDonald on 5/31/97. The police sides with Blake/Mitchell because they fear the truth. The Town of Danville's Police Department has gone to extraordinary expense to support their illegal and inappropriate behavior by use of the Police Crime Lab and otherwise. Why? Because it supports their position that my son or I committed the theft of Mitchell's ladder. However, I on the other hand can not retrieve my ladder which had been in my possession for years (not since only April or May of 1997). Officer McDonald's biased judgment can be observed when she wrote: "There are several young men who live at the 105 Bountiful Court. address". So?...This may be a statement of fact, but what is the inference behind this statement? We have lost respect for the Danville Police as they not only failed to acknowledge that they acted illegally and apologize, but they instead covered their tracks by building a petty theft file against us. I have found myself in tears while trying to work, unable to concentrate; I have lost sleep. It is hard to believe this kind of conduct occurs in a town as sophisticated as Danville. This continuing episode and abuse arising from the confiscation of my ladder by Officer McDonald has caused me financial and emotional harm on a continuing basis. It has caused me great emotional harm, pain and suffering as well as loss of my property and reputation. I am a respectable, hard working citizen who has taught her children good manners and values. I find it completely outrageous to be treated like a common criminal. This shameful incident has caused me severe depression and undue anguish. 6 To summarize, we make the following claim against Officer LaGonda McDonald, the Danville Police Department and the Town of Danville for: 1. Improper training of officer McDonald and police personnel by the Town of Danville 2. Accusing my son of stealing a ladder (petty Theft) as indicated by Police Report dated 5/31/97.. 3. Illegal removal of personal property without probable cause. 4. Negligence in maintaining control of confiscated seized property and giving my property to a hostile 3rd parties: Mr. Blake and Mr. Mitchell. 5. Violating my rights by subjecting my residence to unreasonable search and seizure while I was not present and, thus, not able to protect my interests. 6. Failure to provide me the homeowner at 105 Bountiful Court any written Notice or written explanation as to why this action was taken. 7. Failure to provide due Process under the law by not issuing me or my son a Summons or other Notice of any crime, while simultaneously seizing my property. 8. Filing a Petty Theft Report and, thus, implying we were in possession of stolen property. 9. The filing of a criminal report open to the public without due process of law. 10.Continuous harassment and dismissal of our pleas due to our ethnic background. 11.Creating extreme distress for me and my family 12.Creating damage to our reputation in the community. Consequently, in accordance with line 5,6 and 7 of the Claim Form against the Town of Danville, its Police Department and Officer LaGonda McDonald. We hereby make the following claim for restitution and relief: $100.00 Ladder replacement (per police report) $ 30.00 Legal Advise (BAR Consultation) $ 25.00 Copy of Police Report $2,000.00 Pain and suffering due to emotional distress $ 195.00 Lost time from work due to nervous tension $2,500.00 Damage to our reputation TOTAL $4,750.00 7d e .'r Unless our claim against the Town of Danville is settled or otherwise concluded to our satisfaction, we reserve our rights to pursue this matter in Civil Court, Criminal Court for additional costs and damages as appropriate and warranted. In the event that the Town requires further documentation to support this claim, this can be provided by a physician report, which will significantly increase my expenses, therefore, my claim. Notwithstanding the foregoing, we reserve our rights to counsel and representation as well as to modify our claim for damages, and retain any other causes of action that counsel may assert on our behalf and attendant expenses against the Town of Danville, the Danville Police and Officer LaGonda McDonald jointly and severally. We have acted in good faith and tried to discuss this matter with Danville's Police Chief Dean, we delayed the filing of this claim based on her word that she wanted to discuss this matter with the City Attorney, who she said was on vacation (around early/mid July). After a couple of weeks, however, end of July, she sent us a letter, enclosed hereto, endorsing the Police Department's behavior based on a file that has been built and manipulated to support her Department indecorous's behavior. We noticed that for unknown reasons she had backdated this letter to 6/10/97. For health reasons we need to put closure to this issue, but we will not rest until justice has prevailed. Your objective review of this claim is hereby requested. Please specify when we can expect an answer or resolution by the Town of Danville or its representatives. Edith Cortes Philip M. Carter 105 Bountiful Court. 105 Bountiful Court Danville, CA. Danville, CA. 94526 (510) 675-7284 8 July 27, 1997 PERSONAL AND CONFIDENTIAL STATEMENT To Whom It May Concern: I, Hartley Hegeler, age 58, residing in Walnut Creek, CA. make the following voluntary statement. Upon return from my vacation on June 15th, Edith Cortes, a woman known to me residing at 105 Bountiful Court, Danville, CA. told me both the neighbor and an officer of the Danville Police, LaGonda McDonald, had taken her metal extension ladder from her property on or about May 31, 1997 over the protests of her son, and gave her ladder over to her neighbor Mr. Blake saying that he, Blake, had identified it. Matt Carter told me that officer McDonald threatened to-impound the ladder as evidence of theft unless he agreed to give the ladder to Blake. Realizing he didn't have the right to give her personal property over to the police, Matt Carter said to them the ladder belonged to his mother, Edith Cortes, who was away on vacation. He said officer McDonald assured him that the ladder would not be moved from Blake's property at 109 Bountiful Court until his mother returned to identify the ladder and prove that it was hers. Having been harassed by the Danville Police on prior occasions, Matt told me he did not want to resist Officer McDonald's wish to remove the ladder. She then took the ladder and gave it to Mr. Blake. Ms. Cortes told me she has not seen or had her ladder returned since she got back from vacation. Because I am personally close to Ms. Cortes, I called Officer McDonald and left a message on her voice mail saying she had no legal right to do this and requested that she return the ladder immediately. This was, I believe, on June 16th or 17th. She did not respond or return my call. I then talked to the sergeant on duty (I do not recall his name) who asked me if Ms. Cortes "had a receipt for the ladder that would prove it was hers". He seemed like he wanted to protect Officer McDonald's action so I asked to speak with Chief Dean. I had two telephone conversations with Chief Dean during the last 2 weeks in June and the first week.of July. 1 . �Z. She said she realized that Officer McDonald did not correctly follow police procedure and that she was looking into the matter and would get back to me. In a subsequent telephone call, She, Chief Dean, said that the Police Crime Lab had found a Mr. Mitchell's License number on the ladder. I later learned that Ms. Cortes neighbor Blake said he gave the ladder to Mitchell who lives in Castro Valley and that Mitchell brought his ladder to the Police Department and said "see, here is my name on this ladder and that proves it belongs to me." In July, 1997, 1 went to the Police Department with Matt Carter to get a Claim Form with him and, at that time, we met with Chief Dean and a detective. I got the distinct impression that Chief Dean was not being told the full facts of this event by her subordinates because she expressed surprise by the fact that there was another witness on 5/31/97, Jon Colefield, when Officer McDonald seized Ms. Cortes ladder. advised Chief Dean that she and her department had lost custody and control of the seized ladder, and that I had personally observed a ladder at 105 Bountiful Court from August of 1996 through June of 1997, long before Blake or Mitchell said their ladder was missing in May of 1997. asked her why was she spending so much public money on this matter as well as her and her police personnel's time? I asked her to consider buying Ms. Cortes a ladder like the one her office improperly'seized from Ms. Cortes property, write a note of apology and be done with it. She said that Mr. Mitchell was claiming that the police had illegally seized his ladder and was filing a complaint. She said she would consult with the City Attorney and get back to me and to Ms. Cortes. It was clear to me that the Danville Police were being extremely defensive and did not want to acknowledge what appeared to me to be a grossly illegal and improper act against Ms. Cortes, her son Matt Carter and her property. Chief Dean wrote a letter and had it delivered to Ms. Cortes during the last week of July, which she back dated to of June 10, 1997. Will this ne deceptive act need to be denied under oath too? The letter said that Mr. Mitchell's name and license number on the ladder proves the ladder is his. Which ladder? Not the one I have seen on her property for almost a year -- since I met her, and that her gardener has used for years. 2 What a mess and what a personal toll it has taken on Edith Cortes, who now lives in fear of the Danville Police and a hostile neighbor, Mr. Blake. I have witnessed the emotional toll, nervousness, sleeplessness, that these actions by the Danville Police have caused Edith Cortes and her son. It appears to me the Danville Police have "closed ranks" and do not want to face the truth and consequences of their illegal and improper action and behavior deciding instead to build a file for their protection. It has and it continues to harm Ms. Cortes emotionally as well as her son. Harm have seen with my own eyes. This incident amounts, in my opinion, to abuse by the Danville Police on the Cortes Family and to Edith and Matt personally. In my opinion, the Danville Police do not deny that they committed an illegal act against Ms. Cortes and her property and her son, but they will not admit it either as ethical and responsible adults would do. I make the foregoing statement of my own free will and would be willing to testify under oath of any other facts and personal observations I have seen relating to this mater. It would be useful to have this matter reviewed and resolved by an impartial and legal body and to have the harm done resolved as much and as soon as possible . The above is true and correct to the best of my knowledge. Hartley Hegeler (510) 937-2718 3 r TRANSLATION OF ARTURO FERNADEZ STATEMENT. (Attached hereto) July 31, 1997 My name is Arturo Fernandez, my occupation Gardener. During the last three years, I have provided gardening services to Mrs. Edith Cortes at her property located at 105 Bountiful Court in Danville, Ca. During this time, Mrs. Cortes has maintained a metallic extension ladder at her house. I have used this ladder many times to trim her trees. During the last year, said ladder was located in the back of and against the swimming pool. a Thank you. Signed: Arturo Fernandez • l -I - �_ A M.U P, =TL&Po . Iq E D.tATLT � s os , • nPo2� o�-�cI�� A-- to Sciv'DfZt� ��q T� - C.���s S fZv' i_c-i_o _ Jr-a_ c i-<v _ _ casco- c � - 05 - �Ll N-7-,'F"-L, PT _ol - - _ ; fl-nr v i� e- •_ . P bas . _ u,n a- - Esca ca f e 7-eyus - o= _ c,�s �l o e s-f-R Le= r�- ✓tom As I . JV(; , 6,4 1= 4, S (- e--p . August 1, 1997 TO WHOM IT MAY CONCERN: The purpose of this memo is to comment on the effect that the "ladder"incident has had on Edith Cortes. I am a co-worker of Edith's and we sit in adjacent cubicles. Edith had just returned from a 2 week vacation and on her first day back at work, informed me of the incident with her ladder. She stated that when she was not at home, the police (accompanied by Edith's neighbor), entered her house and seized the ladder from her backyard. There was no search warrant or evidence presented to her son that the ladder was stolen--the ladder appeared to be seized based solely on the neighbor's statement. Understandably, since this incident has occurred, Edith has been very upset and unable to fully concentrate at work. I'm sure that you would be similarly distracted and unable to concentrate if the police came to your house and confiscated your personal property with no search warrant or evidence. Occasionally she is in tears as she can't believe that such an injustice could occur in the United States. Her co-workers highly respect Edith and are proud that she does not have the attitude that"it's just a ladder so forget about it"; instead she is fighting for"the principle". I hope that I have been able to convey the effect that this incident has had on Edith and that you are able to help her resolve this. Thank you. (?)Zt�r�`""` ' Pat Nakatsuka -ffFace Page CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT CA0070000 Beat rContinuation P.O. Box 391, Martinez. California 94553-0039 _ �-- 'H.RO Vi Arrest c tipp44mental � - ❑„ y 2.City Co 3. rime/Classification 4. Deta,i , 5.More J� oe +4f i - - Q 2, Persons 6.Day/Date/Time ofoccurrence i 7.Date/Time Re rted 18. Emoloyee.(y�oG,ty� 2 ❑ -Z - /. � J 9.Reclassi- 10.Addressh Location.of Occurrence / fication LJ ❑ 11 PRI VIC ^'N i I MSP i lI RUN SUS L_!LEAD LI Other 12.Name(L.F.M) t3.Ra Se /A_ 114.DOB 15.DrlvAf License No. L&-E- L� i�! '/D^ -S J A Code)- 117.Home Phos ji// _ oaj I ( � t 18 m toyed 6y or School 19 Work" ane 20.Hair 21. Eyes 122.Ht. i 23.,ryt. 124.AKA /Maiden Name 25.Social Security No. s 25.Further Descricuon(Scars.Tattoos.Mannerisms.Clothing,Etc.) 27. Book ng or Cite No. 28. -_.PR! TIC WIT MSP RUN _SUS LEAD Other 29.N me(L.F.M) i 30.R c / Age 12t,DOB 32.Driver License No. h�/LL1 �r�Sex vagi 33.A dre� ' (cip Cade) � 3-'.Hon=Pn j e / 35. Employed By or School35. :o'' P -ne sty Sa - 63 37.Hair 38.Eyes t"9 Ht. 140.Wt. 41.AKA J Maiden Name 42 oc/i al Security No. 43. Further Description(Scars.Tattoos.Mannerisms.Clothing.Etc.) 44. Booking or Cite No. 45. _^'PRI VIC WIT ❑MSP i�RUN _i SUS LEAD ll Other 46.Name(L.F,M) 47. Race/ Sex !Ace 46.DOB 49.Driver License No. 50.Address (Zip Code} 151.Home Phone i r ) 52.Employed By or School 153.Work Pnone ( ) 54.Hair 55,Eyes 56.Ht. 57.Wt, 58.AKA y Maiden ame 59.Social Security No 60.Further Description(Scars.Taroos.Mannerisms.Clothing.Etc.) 61.Booking or Cite No. 62.Ven/Ves 63 Lic.No.(State) 64.Year 65.Make 66.Model 67.Bocy Style 63,Color Top 0S ❑Vict Bottom 69.Status 70.Registered Owner 71. R.O.Address (❑Ler Impound 72, Tcwed to or Released to 73.Who rias keys Stored 74.Ewd. ❑Yes 7S.R/P i Yes 76.Dispo of Evidence 77.< tssing 78.5 Damaged 79.Bnef Synops s of In idem (1) O T- E-� Si� /7-/,S (2) /� ©/2 S' (3) (5) ,Q, ,4�J /D Z3a`L u XI77,=a (6, (7) 80.Distribution _ 81.Additional Routing []8 ❑C CDA i_7 DE L L ❑O [ISR 7V ❑Investigation F-Vice J Narcotics ❑Juv F-,Coroner 82.Report n Deoury(Pn t) 83.Date/Time�inen 84.Dispo. ❑PropertyCk. ❑ACS ❑Intell. Ei R.O. i SHC h/ �3� OD El Patrol Captain ❑Compl.O(c. E]Marine Patrol 85.Approvin u v (Print) i 86. S pv.No. 87.fate 88.Pape n Other 1 O FORM A (Rev 1/89) 14Continuaaon CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT CA0070000 Beat_ P.O. Box 391. Martinez. California 94553-0039 []Supplemental ❑HRD <_J Arrest �Sl N 2. C+ry C nme/ClasAllUUOn _ <.Detail 1 5. Reclass /! 2. ficatton 6 Victim Nr_ a(L F.M) 7.Date Ong.Report 8. Employ �� ❑ 9 Address [ Ocat-ion o t Occurence 10.SuspeclsName(L.F.M) i i Property Description: impounded.Recovered,Found.Lost Stolen-Item Number.Article,Quantity.&andlMake/Manufacturer's Model Number,Serial Number.Miscellaneous Description,Location Where Taken.Value.Include Total Loss•LIST IN FOLLOWING ORDER:A)Currency,Notes:8)Jewelry,C)Clothing,Furs:D)Vehides:E)Office Equipment:F)Radio.TVs.etc.: G)Firearms:H)Household Goods.1)Misc. 12 Recovered Property S 13.Narrative/ Statements (2) Le-A-tJT7 EU L 70 LQ AlE- 2� 6f-t�7C�1/�/G, (3) , -a 7— % D a) /elf 115�2i1t---W6 S S L 7T (5) 11ZJLJ i �Y O/t! 117-- 61 S /(1 G- S �^ R, (8) 191 ,Q Iia) ifs l el /74-- - 4i 16 V (11) S C� 7;7W /7 �{7` / 41 V / (12) if ,!5— 7771� (13) 51 ZJIZ/5IZZ (16) ® 7777— /7- l i G��L' 77 0/k (19) A/� 2 77/2!5: W6- /7Z?!7-- (21) CJ /x7'/XJ 3IAZ (22) (23) -� )rS C,4121 ) vS L-� 77X�-- (2a) (251 14. Distribution 15.Additional Routing ❑B C1 ❑DA SDE ❑L ❑O OSR ❑V M lnv-4stgation C]Vice C]Narcotic} []Juv M Coroner Property Ck. MACS []Intell, []R0. []SHC 16g Deputy(Pnnt). 17.Date/Time W'ri 18.Dap✓o.J)� O PaVd Captain F]Comps.Olc. 7 Menne Patrol Cler Oth19.Approving Supe. Pring 20.Sup;.No. 21.Date 22.Ptge ,3 FORM g (Rev. 1 i89) f icontAation CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT CA0070000 Beat_ � P.O. Box 391, Martinez, California 94553-4039 (�Supplemental C1 NRO ❑Arrest �Si 2.Gay C e ] nme/Ctasa+hcat,on a.Decal 1 _ S. Reclass,- s t 2. ficaoan 6.V cnm Ni a(L F.M) 7.Date Ong.Report S. Emploee 0 I 9. Addreas/ Location of Occurence 10.Susoect'sNa"(L.F.M) 11 Property Descnpton: Impounded.Recovered,Found,Lost.Stolen-Item Number.Article,Quantity.Bra nd/Make/Manufacturer's Model Number.Serial Number,Miscellaneous Description.Location Where Taken.Value.Include Total Loss-UST IN FOLLOWING ORDER:A)Currency,Notes:B)Jewelry,C)Clothing,Furs.D)Vehicles:E)Office Equipment.F)Radio.TVs.etc.. G)Firearms:H)Household Goods.1)Misc. 12.Recovered Property$ 13.NarraD e/Statements // j A-.141ST� (2) s C7) o) (� L kQ D 2 2' ll111/NG! Lc1 T A l N T fit) u-s (12) (1d) (16) (17) (18) (,91 (20) (21) (22) (23) 124) (25) 14. Distribution 15.Additional Flouting ❑B ❑C C]OA 0D ❑L ❑O C]SIR F1 C]Investigation [3Vice ❑Narcotics ❑Juv D Coroner [IProperty Ck. (]ACS C]Intell. ❑RO. []SHC 16.Repo 'ng Deputy(Pnnt) 17.Date/Time lien 18.Dapo. Q Patrol Captain clCompl.ofc. ❑Marine Patrol 3 f ! ❑otrw 19.Approving Supe.(Print) 20.Supv.No. 21.Dace 22.Page o _ FORM B (Rev.1/89) Continuation CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT CA0070000 Beat�� P.O. Box 391, Martinez, California 94553-0039 �SuPPlemental ❑HRO ArreSt C]SI q N`. 2. G C J e/CL"zjf",,on 4.Detail 1 2. ficaton 6�Vic M NL i It,f M) 77.Date Ong.Re t S. Employee No. 9 Address/ LQcation ot Occurence 10.Suspect's Name(L.F.M) 11 Property DescnpCpn: Impounded.Recovered.Found,LOSL Stolen.Item Number,Artcle,Ouantity.Brand/Make/Manufacturer's Model Number,Serial Number.Miscellaneous Description.Location Where Taken.Value,Include Total Loss.UST IN FOLLOWING ORDER:A)Currency,Notes.8)Jewelry,C)Clothing.Furs:0)Vehicles;E)Office Equipment-.F)Radio.Ns.etc.: GI Firearms:H)Household Goods:1)Misc. 12, Recovered Properly 5 1J.Narraave/Statem nts (1) TvL iTGI,F j3) Z2k 1) 72'� A61 4LA--,d46- Imo" re,Z b,-- 77&A< T'f7-16- Q S EN 1117� 2�4-04-14S o Ls n1) CA4 � (12) �Ce .5/ ;-k� -7-�-t/SCJ C� ; �4 /1LLJ _� 01 , -` 0 ✓ `r AI: �^ 13 (14) 0 (151 zloz lltIA13�& /A/21� (16) (17) (19) C/ 4 A.1 (20) ST 1i��D y/yI/�'E 47,1 - EZL S 0 '703 16 r r (21) (22) (23) (24) (25) 14. Distribution 15.Aodroonal Routing ❑8 ❑C ]CA C]DE ❑L ❑O SR ❑V []Investgation []Vice []Narcotics R Juv (]Coroner []Property Ck. (/(ACS []Iniall. 0 PLO. ❑SHC 16.Reporun Depu (Print) 1 Date/Time 7Wri C]Patrol Captain 7—Q Compl.Ofc. D Menne Patrol �, —AD, ❑Othe< ter, ,�. N ��rid(✓ S`Sap/� G-21.Date T2.Pi e . p .�rt � �C/f of FORM B (Rev. 1/89) -7 Continuation CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT CA0070000 Beat_ P.O. Box 391, Martinez, California 94553-0039 Supplemental ❑HRO Arrest os R No. 5./� 12.City Code 3.Cr: e/Clascation 4.Detail 1 Reclassi sifi - —/ -Tyk-P — T X 2. fication 6.Victim Name(L.F.M) 7. Date Ong.Report 8.Empto ee No. iC Ie z - 3-- 4 -7 ���� 9.Address/Location of Occurrence 10.Suspect's Name(L.F.M) T i2iL L'T- //iGtE- -- 11.Property Description: Impounded.Recovered.Found.Lost,Stolen-Item Number,Article,Quantity,Brand/Make/Manufacturer's Model Number,Serial Number,Miscellaneous Description,Location Where Taken,Value,include Total Loss•LIST IN FOLLOWING ORDER:A)Currency,Nates:8)Jewelry:C)Clothing,Furs:0)Vehicles:E)Office Equipment:F)Radio,TVs,etc.: G)Firearms:H)Household Goods:1)Misc. 12.Recovered Property S 13.Narrative/Statement _ (2) /??iiGtz� /4 T /939y �i4-1�� ��-JABdi ,�y• C�s7�o (3) t / L d 6) A; --,71 (7) (10) (11) (12) (13) (141 (15) (16) (17) (16) (19) (20) (21) (22) (23) (2a) (25) 14. Distribution 15.Additional Routing ❑8 CC /DA CDE CL []O CSR CV Investigation []Vice C Narcotics C Juv C Coroner C Property Ck. ACS C Intell. C R.O. C SHC 16 Fvidence Technician 7.Date Time Written 18.Dispo. []Patrol Captain C Compl.Ofc. C Marine Patrol f 17i�L'Q 1 L/�s 2Ff' ❑Other 19.Approving Su v.(Print) 20.Supv.No. 21.Date 22.Page � FORM 6 (Rev.1/89) y ~ _ DANVILLE POLICE DEPARTMENT June 10, 1997 Ms. Edith Cortez 105 Bountiful Court ) Danville, CA 94526 J /v Dear Ms. Cortez, I have conu-Licted an investigation in to the actions of Officer LaGonda McDonald and the removal of a ladder from your property. Officer MacDonald responded to a call where she was asked to make contact with someone at your home concerning the ownership of a ladder. The facts of the case lead the officer to believe the ladder was Mr. Mitchell's. Your adult son voluntarily allowed Officer McDonald into your backyard and allowed her to inspect the ladder. Officer McDonald consulted with your son and he concurred with her, that if the ladder belonged to Mr. Mitchell it should be returned to him. With his assistance, the ladder was returned to the owner. The ladder submitted to the Crime Laboratory for examination is the same ladder that came from your back yard; there is no question that it is a different ladder. When examined, engraved identification was located on the ladder. The Crime Lab has verified that this engraving has been on the ladder for considerable time and not recently applied. I cannot explain where your ladder is located nor can I explain how a ladder with Mr. Mitchell driver's license number on it made it to your backyard. I have reviewed your case with Contra Costa Risk Management (they process all claims against Danville police of icers.) If you believe you have a claim abwinst the Department, please contact Julie Aumock at 335-1442 and she will gladly discuss the situation with you. Sincerely, (A'istineiean 510 LA GONDA WAY DANVILLE, CA 94526 (510) 820-4481 FAX: (510) 820.1641 1 Ln Ln ss. � Il J �.-.. 71-1 1 `'. .?w o C� a O Lo G yS.s -o O A 1 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 16, 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: $418.42 Section 913 and 915.4. Please note all "WarCFJ�IYwUYVI j�'� CLAIMANT: Enterprise Rent-a-Car AUG 2 2 199`7++ DX2332546 ATTORNEY: Susan Casper COUNTY COUNSEL Loss Control Administrator Date received MARTINEZ CALIF. ADDRESS: BY DELIVERY TO CLERK ON August 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. eeHHIL BATCHELOR, Clerk DATED: Al LSt 99, 1092 BY: Deputy 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: Gated: ( � BY: Deputy County Counsel III. FROM: Clerk of they Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARDS ORDER: By unanimous vote of the Supervisors present ( ✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: °I— I lo_ (99'1 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: 2-- Iq- 192 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator rent-a-car 2550 Monument Blvd. n Concord, CA 94520 II 510-609-6900p`/v,(�u0 1 AA'd-J-.J J August 15, 1997 RECEIVED Risk Management Services 651 Pine St. AM 2 2 1997 Martinez, Ca 94553 Attn: Julie Aumock CLERK BOARD OF SIJPERVISti:�:� G RAC STA CC Our File Number: DX2332546 Date of Loss: 5/10/97 Our Driver: Erik Alston Your Insured: Candace Fox Claim Number: unknown Dear Ms. Aumock: Our driver was involved in an accident with your insured on the above captioned date. We have concluded that your insured is liable for damages to our vehicle. Accordingly, Enterprise Rent-A-Car would like to present a claim to you for the amount indicated below: Damages $331.43 Loss of Use - 1 day(s) @ $36.99/day 36.99 Administrative Fees 50.00 Total Amount Due $418.42 Documentation of our claim is enclosed for your review. Please contact me at (510) 609-6900 x253 if you have any questions or wish to discuss this matter further. I look forward to hearing from you soon. Sincerely, Susan Casper Loss Control Administrator Encl. nt-a _ Concord. CA vd520 s�o-aovsvoo CALIEGRmA LEGrS"nw wsstaw 1987-1984 ASSEMBLY BILL 100011CAl PORNIA cML caue i936 - Effective January i, 1989 As directed by the Califarrld Legisfalure, Assembly 8111 31708 becames Califorrdd Civil Cade 1938, elfective January 1, 1989. it spedne9 vrhal costs rental car companies may recover. Loss or Use Loss of use of the rented vehlde whlch shall not exceed the pradud at the rental rate stated in the renter's contract, exdudtnq ail optional drarge9. and ihd total of the estimated time ror replacement and the estimated ilmd for repair Por ptnpase of convertinq the estimated Iime ror repair Into the same unit of time in wMdi the rental rate Is expressed, a tar shall be deemed to canslst of eight hours. AUMINISTRATME rMST9 An adminfstradve ch&gd*Mch shall not exceed the tallowing: 35o.0a if the (0121 of the estimated cast far Paris and later is more than MUM up to and Indudinq "UU.UU-, Sioo.UO It IN- total estimated cost tar par19 and labor exceeds tMu.oa up to and Indudinq Si,�M.UIJ. #150.17U It the 101411 estimated cast rer pais and labor exceed S1,SMOU. No 9dmfnfstralivd cha qd shad be imposed it the taint estimated cosi of pats and labor Is MUM or less. w Should you have any gciesdom or concerns,please feel tree ld condgd the undersigned. Thank you. Ve urs. ilori ass Control Supervisor TMrm u5OLAIVOLANO BODY SHOP & UPHOLSTERY BODY SHOP a UPHOLSTERY aa 7��20 FLORIDA ST. VALLEJO, CA 94%-60R- 4AG114573 341200 t7RIDA STREET FAX 644-4045 Phone 1 : (707) -644-404, VALLEJO, CA 94590- Fax : (707) -644-4041 REPAIR ORDER [Date: 05/19/97 Page 1 RO# 2495 RO Date: 05/15/97 Name :EAST ENTERPRISE, Car 97 Plymouth Breeze Addr : P.O. BOX 5666 VIN : 1P3EJ46C4VN623563 Addr2 : Lic 4: 3TXN052 Mi : 6255 City :CONCORD, CA 94524- P/Dat: 19970101 Paint: PHZ Phone : - Bus (510) -609-6900 Color: PHZ/RED MET Fax : (510) -609-6919 Insur : Adjuster :CATHY- Addr Claim # :WA1649 Addr2 : Date of Loss: Phone : - Deductible 0. 00 Fax - # Type Operation Description S# Units Amount 1 Body Remove/Replace R COMBINATION LAMP ASSEMBLY F. 0. 30 73 . 83 2 Body Remove/install REAR BUMPER ASSY 1 . 00 3 Body Repair REAR BUMPER COVER 1 . 50- 4 Refi Refinish REAR BUMPER COVER 2 . 30 5 Refi ;CLEAR COAT 0 . 90 6 Refi MASK FOR OVERSPRAY 0.20* 5. 00 7 ; PAINT/MATERIALS 48 . 00 8 aBODY 'MATERIALS Labor Type Units Rate Extension' Body 2 . 80 33 : 00 92 . 40 ` New Parts 73 . 83 Structural 0. 00 33 : 00 0.00 Palnt' Materials 48 .00 Refinish 3 . 40 33 . 00 112 .20 Body Materials 0. 00 Glass 0 . 00 33 . 00 0 . 00 Other , 5.00 Frame 0 . 00 .33 .00 0. 00 Tax 0. 00 Mechanic 0 . 00 33 . 00. 0 . 00 --------- TOTAL 331 . 43 a i FINAL I LL SOLANG BODY SHOP'& UPHOLSTERY Date: 05/14/97 01:55 PM 720 FLORIDA ST. VALLEJO, CA 94590 Estimate ID: 866 644-4044 FAX 644-4045 Preliminary ProFde ID: CUSTOMIZED ENTERPRISE RENT A CAR P.O. BOX 5666 CONCORD, CA 94524 Damage Assessed By: CATHY CERIN Deductible: UNKNOWN Claim Number: WA1649 Insured: ENTERPRISE 866 Mitchell Service: 910528 Description: 1997 Plymouth Breeze Vehicle Production Date: 1/97 Body Style: 4D Sed Drive Train: '2.61,lill 4 Cyl 5M VIN: 1P3EJ46MN623563` License: 3TXN052 .CA Mileage: 6,255 Color: PHZ/RED MET " Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Pact Number Amount Units 1 002102 BDY REMOVE/REPLACE R COMBINATION LAMP ASSEMBLY 4814374 89.50 0.3 2 001397 BDY REMOVEANSTALL REAR BUMPER ASSY 1.0 3 001701 BDY REPAIR BEAR BUMPER COVER Existing 1.5* 4 AUTO REF REFINISH REAR BUMPER COVER C 2.3 5 AUTO REF ADD'L OPR CLEAR COAT 0.9 6 933018 REF ADD'L OPR MASK FOR OVERSPRAV 5.00* 0.2* 7 AUTO ADD IL COST $AINT/MATERIAIS 48.00 *-Judgement Item C-Included in Clear Coat Calc Add'1 Labor Soblet 1. Labor Subtotals Units Rate Amoai t Amount Totals it. Paid Replacement Summary Amount Body 2.8 33.0(1 0.00 " : 0.00 92.40 Taxable Parts 89.50 Rermish 3.4 33.0 5.00 0.00 117.20 Total Replacement farts Amount 89.50 Non-Taxable Labor 109.60 Labor Summary 6.2 209.60 ESTIMATE RECALL NUMBER: 5/14/97 13:55:3 866 UltraMate is a Trademark of Mitchell International Mitchell Data Version: MAY 97_A Copyright(C)1994,1995 Mitchell International Page 1 of 2 All Rights Reserved 6LA NO BODY $HOP'& UPHOLSTERY Date: 05/14/97 01:55 PM 720 FLORIDA ST VALLEJO, CA 94590 Estimate 11): 866 644-4044 FAX 644-4045 PreliminarydCUSTOMIZED III. Additional Costs Amount IV. Adjustments Amount Taxable Costs 48.00 Customer Responsibility 0.00 Total Additional Costs 48.00 I. Total Labor: 209.60 II. Total Replacement Parts: 89.50 III. Total Additional Costs: 48.00 Gross Total: 347.10 IV. Total Adjustments: 0.00 Net Total: 347.10 This is a areliminary estimate. Additional'changes to the estimate may be required foe the actual reuair. f: GPBR BRANCF : 2332 ANTIOCH UNIT NUMBER: * WAl649 : CLAIM NUMBER: DX 2332 546 APPROX D DATE: 05/22/97 i ., e .. ESTIMATE RECALL NUMBER: 5/14/97 13:55:J4 866 UltraMate is a Trademark of Mitchell International Mitchell Data Version: MAY-97_A Copyright(C)1994,1995 Mitchell International Page 2 of 2 All Rights Reserved it st;: �.�i �`�'.: 3• 9.. ' i1 \� .�,6 E`�i,#��, 4.�.11�.ska� a� *�Y�f :Y ; j ; � itl'-'�@fij��, �. \ " '�#r i x��3• s3�""���`.7'sv! t'�:^'�iY.�;,�, y Mu } q t z zt �Tti M '1 It r r - .,�;:..t'�..�"` r Yi 5;5•-',�„�4th.k 't i�►•�; CLAIM /p BOARD OF SUPERVISORS OF CONTRA. COSTA COUNTY, CALIFORNIA September 16, 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: $107000,000.00 Section 913 and 915.4. Please note all " j�317TID CLAIMANT: Tim Gaxiola AUG 18 19`97 ATTORNEY: Mitchell D. Ellis Esq. COUNTY COUNSEL 1783 Union Stret Date received MARTINEZ CALIF. ADDRESS: San Francisco, CA 94123 BY DELIVERY TO CLERK ON Auaust 11, 1997 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. gg DATED: August 18, 1997 g�Il DepuLyLOR, Clerk I1. FROM: unty 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: /�it.w / 9 / 9/ �BY: Deputy County Counsel 1II. 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: (o --199'1 PHIL BATCHELOR, Clerk, By16 Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six- (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:-9 - )of - 1997 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator • Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for.death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its .office in Room 106., County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. 7 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 T a RECEIVE® Against the County of Contra Costa ) AUG 1 1 1997 Sob ai se ru +ces17pt. CLERK BOARD OF SUPERVISORS b J' �iuxvtz ic-~v') CONTRA COSTA C2� Fill in name The undersigned claimant hereby makes claim against the Cows af,r£o 6 Costa or the above-named District in the sum of $ ,../�J ty) t)n 1, n .mar o esu port of this claim represents as follows: U 1. When did the damage or injury occur? (Give exact date an$.H9u— { Mau 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? (over) 5. What are the names of county or district officers, servants or employees `causing the damage or injury? 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. - ��2 L .� ►�'�a n�1L� r � II1 �S .r�.L_Ck�s� �.5. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.)8. Names and add dresses of witnesses, doctors and hospitals. O i ce,C" 0&n4b(_.oa A-n�l c ch -Ro�i C 1b .F -, -ec&�k -,-706 cSe,: a:s U�3 Kw+int'L <q00 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: . (Attorney) or liv some verson on his behalf." Name and Address of Attorney Mfitchell D:Ellis, ESQ, man ' Signature) 1783 Union Street r 1 , San Frmcisco, CA 94123 z (Address) �q 13) 776-7363 4365 -0 9 Telephone No. Telephone No. 3` 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. #3 On May 9,1997 I ( Tim Gaxiola) was to have an hour visitation with my daughter Jessica Gaxiola who I haven't seen for 2 months on a court order by the judge. On arrival I was met by Social worker Zandra Smith and Carol Walsh. Carol soon returned to her office and Zandra Smith stayed to supervise the visitation. She soon was telling me what to do with my child and did not like the way I sat in my chair. As my daughter and I talked she showed me a injury to her arm. I then requested to Zandra Smith to document the injury for me and she refused, I asked to see her supervisor she refused this request also. I then was going to call the police with my cell phone. She then told me that the visitation was over. I asked her"Why?, Do you have a problem with that?" At this point she went to the door and told the Security Guard to escort me out at which time they began to yell at me making my daughter cry. I requested a few minutes to calm down my daughter and that the worker escort her out of the room first. After the worker left with my daughter I proceeded to walk out of the room and the Security Guards proceeded to forceably escort me out as to which I told them" not to put their hands on me." At which point I tried to use my cell phone to call the police again and the Guards told me I could not do that in the building. I then proceeded to leave the building and go to my car the Guards followed me. I tried to use my cell phone again& they said if I did they would arrest me. They then followed me all the way out to my car and proceeded not only to call me "a wantabe" but to bang on my car as well. I tried to call the police again because at this point I was in my car and they were herrassing me. I was in the process of buckling my seat belt to leave when one of the guards opened my car door and began to pull me out. I then reached for my keys so I would not get locked out of my car because I have an alarm system on it which locks the door automaticly. They then proceeded to handcuff me and as they did this they through my cell phone on the ground as well as forced my right arm up so high my shoulder poped and still does to this day if I lift it up. They then forced me to their office which they held me while they called the local police department. A number of times during the wait for the police I had asked them to loosen up the handcuffs because they were on too tight and could not feel my fingers they refused to. When the police officer came he saw my wrist were black and blue and I asked if he would loosen them instead he just removed them. The police officer then cited and released me as the law requires, and requested a report follow from the security guards to go with the citation. The police officer then walked me out to my car and asked if he could look inside of my car. I told him yes he could. He then asked if I had any weapons in my car. I told him no. He proceeded to check and found no weapons. He asked what was in the blue bag that was in the back seat of the car. I told him it was a video camera and then pulled it out of the bag to show it to him. At that point I got in my car and went home. When I arrived home my wrists were still red and swollen and my cell phone had scratches and a chip on it, my right wrist/forearm had a bloody pinch mark from the handcuffs. After this occurance with the Dept. I have not been able to se my daughter. Thus causing not only me mental anguish but my daughters as well. To this day the Antioch Police Deptartment &the District Attorney has not and does not which to prosecute the citation I received on May 9,1997. My claim is based on this account of May 9,1997. The accounts of false arrest & imprionment/unlawful detention/assault & battery/harassment/ intentional and or negligent efliction of emotional distress/violation of civil rights/ permanent bodily injury/and sexual dicrimination/denial of due process/, are all the account to which the Social Services Dept. and the Security Guard Company put me through that day and all the days that I see my permanent scar on my wrist/ forearem I received from the handcuffs or the pain I get when my shoulder pops when I lift my arm. #4 The neglect in the hireing and training of Social Workers which are employed by the County. The neglect in the hireing and training& supervision of public service officers/ Security Guards by Contra Costa County. C_. i a CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 16, 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: 100,000.00 + Section 913 and 915.4. Please note al CLAIMANT: Dale Hicks AUG [ 1997 ATTORNEY: Daniel A. Grout COUNTY COUNSEL Semansky Law Firm Date received MARTINEZ CALIF. ADDRESS: 535 Main St. , Third Floor BY DELIVERY TO CLERK ON August 21, 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, ppHH gg DATED: August 21, 1997 BYIL 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 notifyin 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: I Dated: 02 / BY: ZJ,�,,OSjEZ!��Deputy County Counsel V Z Z/' 11I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (J ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 9- I(o - I9 9 7 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. i Dated: _ {g — {q q BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator TO: COUNTY OF CONTRA COSTA RECEIVED AUG 2 11997 C9-:o a "O"O CLERK BOARD OF SUPERVIS RS CONTRA COSTA CO. CLAIM FOR DAMAGES Pursuant to Government Code Section 910, claimant Dale Hicks submits the following: a. Claimant: Dale Hicks Address: 985 Darby Drive Brentwood, CA 94513 b. Mailing Address: c/o Semansky Law Firm 535 Main Street, Third Floor Martinez, CA 94553 C. Circumstances: On June 20, 1997, claimant was injured in a motorcycle accident caused by negligent construction and/or repair of Deer Valley Road, a county road. d. Description of Indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of said claim: Fracture of right hand; right thumb injury; injuries to left ankle and knee; forehead; right and left shoulders; right palm; neck; low-back; medical special damages; wage loss; and general damages, all according to proof. e. Name of public employee causing the injury, damage or loss: The County, its agents, employees, and unknown parties involved in the construction and/or repair as described above at 11col . f. Amount claimed as of the date of presentation of the claim: Special damages: Unknown, and continuing, according to proof. General damages of approximately $100, 000. 00 and continuing, according to proof. Date: 7 DAKIEL A. GROUT, Attorney for claimant, DALE HICKS TO: COUNTY OF CONTRA COSTA PUBLIC WORKS DEPARTMENT RECEIVE AUG 2 11997 GIERK SOARED)OF SUPERVISOR, CONTRA COSTA CO. CLAIM FOR DAMAGES Pursuant to Government Code Section 910, claimant Dale Hicks submits the following: a. Claimant: Dale Hicks Address: 985 Darby Drive Brentwood, CA 94513 b. Mailing Address: c/o Semansky Law Firm 535 Main Street, Third Floor Martinez, CA 94553 C. Circumstances: On June 20, 1997, claimant was injured in a motorcycle accident caused by negligent construction and/or repair of Deer Valley Road, a county road. d. Description of Indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of said claim: Fracture of right hand; right thumb injury; injuries to left ankle and knee; forehead; right and left shoulders; right palm; neck; low-back; medical special damages; wage loss; and general damages, all according to proof. e. Name of public employee causing the- injury, damage or loss: The County, its agents, employees, and unknown parties involved in the construction and/or repair as described above at f. Amount claimed as of the date of presentation of the claim: Special damages: Unknown, and continuing, according to proof. General damages of approximately $100 , 000 . 00 and continuing, according to proof. Date: DA IEL A. GROUT, Attorney for claimant, DALE HICKS - CLAIM C / v BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 16, 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. Section 913 and 915.4. Please note all 'R 'RIE V IX 10 CLAIMANT: Bradford and Elisa Meeks AUG 18 1997 ATTORNEY: Timothy M. Hamilton COUNTY COUNSEL Date received MARTINEZ CALIF. ADDRESS: 44 Montgomery St. , Ste. 3400 BY DELIVERY TO CLERK ON August 14, 1997 San Francisco, CA 94104 BY MAIL POSTMARKED: August 13, 1997 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Jy1LgATCHELOR, Clerk v DATED: August 18, 1997 : Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( Le�l This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel 111. FROM: Clerk of the. Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( � 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 �dXrtttl2r� _l r�.n�1[Jla � Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six- (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult ' an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: -12jri BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM AGAINST PUBLIC ENTITY 1. The name and post office address of the claimant: _A�.... Bradford Meeks and Elisa Meeks 17497 1491 Detroit Avenue, Apt. 200 rtso5 Concord, CA 94520 c�R CONTR os�-A Cu. _�- Telephone: (510) 676-8523 2. The post office address to which the person presenting the claim desires notice to be sent: The Law Offices of Timothy M. Hamilton 44 Montgomery Street, Suite 3400 San Francisco, CA 94104 Telephone: (415) 956-1288 3. The date, lace and other circumstances of the occurrence or transaction which gave rise to the claim asserted: The causes of action leading to this claim occurred on or about March 1, 1997 at Merrithew Memorial Hospital. 4. The general description of the indebtedness, obligation, iniurY, damage or loss incurred so far as it may be known at the time of the presentation of the claim: On or about March 1, 1997, Bradford Meeks fell on his right hip when his wheelchair feii over. He went to Ivierrithew lViemoriai Hospital and was sccen by a nurse practitioner who took an X-ray of his hip. The nurse practitioner negligently informed him that nothing was broken and that he only had a bruised hip. Mr. Meeks suffered a second fall within days from the first fall. Medical examination revealed that his hip had "exploded" and that the first X-ray taken after his first (untreated) fall in fact did show a hairline fracture of the femur. As a result of the negligent medical treatment Mr. Meeks received at Merrithew Memorial Hospital during open reduction surgery, he contracted blood poisoning and a severe staph infection, but, once again, notwithstanding Mr. Meeks' complaints of 1 suffering, and a fever of 104 degrees, these condtions were not acknowledged, not investigated, and not treated until several days after Mr. Meeks' first complaints that he was very ill. Subsequently it was discovered that he was resistant to antibiotics because he had also contracted VRE while at Merrithew Memorial Hospital. As a result of Merrithew Memorial Hospital's negligent management of Mr. Meeks, he endured continuing surgeries to scrape out necrotic tissue because his infection had infiltrated down to the bone. He now has a gaping wound in his right hip and plastic surgery has not been successful. Further as a result of the above stated negligence, Mr. Meeks has incurred and will continue to incur medical and medically related expenses and pain and suffering. Mrs. Elisa Meeks has suffered loss of consortium. 5. The name or names of the public employee or employees causing the injury, damage or loss, if known.- Merrithew nown:Merrithew Memorial Hospital 2500 Alhambra Martinez, CA 94553 6. The amount claimed if it totals less than $10,000 as of the date of presentation of the claim including the estimated amount of any prospective injury, damage or loss, insofar as it may be known at the time of the presentation of the claim together with the basis of the computation of the amount. If the amount claimed exceeds $10,000, no dollar amount shall be included in the claim. However, it shall indicate whether jurisdiction over the claim would rest in municipal court: The amount in controversy exceeds $10,000. Dated: THE LA Vv OFF ICES OF TiMvTH Y M. HAIVEL T GN By: Timo by M. Hamilton 2 PROOF OF SERVICE I am over 18 years of age and not a party to the within action. I am a resident of and employed in the City and County of San Francisco and my business address is 44 Montgomery Street, Suite 3400, San Francisco, CA 94104 On the date shown below, I served a true copy of: Claim against Public Entity on: Chief Administrator Merrithew Memorial Hospital 2500 Alhambra Martinez, CA 94553 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street, Room 106 Martinez, CA 94553 by placing true copy(les) in postage-prepaid sealed envelope(s) and by depositing the envelope(s) in a United States mailbox at Mill Valley, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Mill Valley, California on Catherine E. Singels 3 [ � »« — � - � � © - * � �¥§§ :m •� � - - � vj 2 � \ �z j tow » § ■ � t \ V ® # C:3 $ m « � ■ ' Ln m . � � 7 m � � o �� 4 � � S � � � errithew emorial Ron Harvey �QBOZIPMR& AND HEALTH CENTERS AUG 19 1997 August 14, 1997 To: Contra Costa County Counsel From: William Walker, MD, Health Services Director Re: Bradford Bradford Meeks Enclosed please find a Claim regarding the above-named patient received this day by Merrithew Memorial Hospital, Administration office. cc: Ron Harvey enc. s__...t CONTRA COSTA COUNTY CLAIM AGAINST PUBLIC ENTITY NLJ R@RP 1. The name and post office address of the claimant: UU AW 4P J Bradford Meeks and Elisa Meeks HOSPITAL ADMINISTRATION MERRITHEW MEMORIAL HOSPITAL 1491 Detroit Avenue, Apt. 200 AND CLINICS Concord, CA 94520 Telephone: (510) 676-8523 2. The post office address to which the person presenting the claim desires notice to be sent: The Law Offices of Timothy M. Hamilton 44 Montgomery Street, Suite 3400 San Francisco, CA 94104 Telephone: (415) 956-1288 3. The date, place and other circumstances of the occurrence or transaction which gave rise to the"cla''asserted: The causes of action leading to this claim occurred on or,about March 1, 1997 at Merrithew Memorial Hospital. 4. The general description of the indebtedness, obli action, ini=, damage or loss incurred so far as it may be known at the time of the presentation of the claim: On or about March 1, 1997, Bradford Meeks fell on his right hip-.when his wheelchair fell over. He went to Merrithew Memorial Hospital and was seen by a nurse practitioner who took an X-ray of his hip. The nurse practitioner negligently informed him that nothing was broken and that he only had a bruised hip. Mr. Meeks suffered a second fall within days from the first fall. Medical examination revealed that his hip had "exploded" and that the first X-ray taken after his first (untreated) fall in fact did show a hairline fracture of the femur. As a result of the negligent medical treatment Mr. Meeks received at Merrithew Memorial Hospital during open reduction surgery, he contracted blood poisoning and a severe staph infection, but, once again, notwithstanding Mr. Meeks' complaints of 1 , suffering, and a fever of 104 degrees, these condtions were not acknowledged, not investigated, and not treated until several days after Mr. Meeks' first complaints that he was very ill. Subsequently it was discovered that he was resistant to antibiotics because he had also contracted VRE while at Merrithew Memorial Hospital. As a result of Merrithew Memorial Hospital's negligent management of Mr. Meeks, he endured continuing surgeries to scrape out necrotic tissue because his infection had infiltrated down to the bone. He now has a gaping wound in his right hip and plastic surgery has not been successful. Further as a result of the above stated negligence, Mr. Meeks has incurred and will continue to incur medical and medically related expenses and pain and suffering. Mrs. Elisa Meeks has suffered loss of consortium. 5. The name or names of the public employee or employees causingthe he injury, damage or loss, if known: Merrithew Memorial Hospital 2500 Alhambra Martinez, CA 94553 6. The amount claimed if it totals less than $10,000 as of the date of presentation of the claim including the estimated amount of any prospective injury; damage or loss, insofar as it may be known at the time of the presentation of the claim together with the basis of the computation of the amount. If the amount claimed exceeds $10,000, no dollar amount shall be included in the claim. However; it shall indicate whether jurisdiction over the claim would rest in municipal court: The amount in controversy exceeds $10,000. Dated: THE LAW OFFICES OF TIMOTHY M. HAMILTON By: Timothy M. Hamilton 2 PROOF OF SERVICE I am over 18 years of age and not a party to the within action. I am a resident of and employed in the City and County of San Francisco and my business address is 44 Montgomery Street, Suite 3400, San Francisco, CA 94104 On the date shown below, I served a true copy of: Claim against Public Entity on: Chief Administrator Merrithew Memorial Hospital 2500 Alhambra Martinez, CA 94553 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street, Room 106 Martinez, CA 94553 by placing true copy(les) in postage-prepaid sealed envelope(s) and by depositing the envelope(s) in a United States mailbox at Mill Valley, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Mill Valley, California on 13 Catherine E. Singels 3 Na t d r+ cn Q? 'Y1 ON .G CT i Ln V t� 4lj 0 1f7 m ° r� I � v m ct L� � O M i O o o � v Ja v W mow; C- • CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 16, 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: $25,000 + Section 913 and 915.4. Please note '"''MMM CLAIMANT: Trudie Rogers IR1 ��JJ AUG 18 1997 ATTORNEY: DCOUNTY COUNSEL Date received MARTINEZ CALIF. ADDRESS: PO Box 4001 BY DELIVERY TO CLERK ON August 14, 1997 Antioch, CA 94509 BY MAIL POSTMARKED: Hand Delivered via: Risk Mgmt. 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PH gg DATED: August 18, 1997 BYIL DepuLyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( '✓This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: 9, BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. 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: 9 —16 -1992 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 warnino see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: —(01g7 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Miss trudie l ogers P O Box 4001 • Antioch CA. 94509 August 12, 1997 CLAIM AGAINST CONTRA COSTA COUNTY LIBRARIES SYSTEM Per Govt. Code§§900-906 ; 910-910.2 ; 911.2 ; 915-915.2 RECEIVED Contra Costa County AM , 4 1M Library Board c I o ANNE MARIE GOLD, CLERK BOARD OF SUPERVISORS County Librarian CONTRA COSTA CO. 1750 Oak Park Blvd Pleasant Hill CA 94523 510-646-6423 510-646-6461 (fax) Dear Miss Gold: I trudie rogers aka claimant make this Claim prior to filing a Complaint for Damages in a Court of law. The total amount of my claim is within the jurisdiction of the Superior Court (greater than $25,000). The address to which all notices are to be sent is P O Box 4001 Antioch CA 94509. The dates of my loss include Friday August 1, 1997 through the present and still on-going. The location of the loss I have suffered is within the County of Contra Costa,and includes the cities of Antioch and Pittsburg. The natural persons and fictitious-named entities who have caused my injuries and damages and losses include Contra Costa County ; Contra Costa County Library Board; Contra Costa County Libraries Now Go, 19HE �A'e Write it before them in a table, y 7 and note it in a Book, that it may be for the time to come CRIBE For ever and ever. Isaiah 30:8 CLAIM August 12, 1997 Page two of four System; Antioch Public Library; Anne Marie Gold, county librarian; Patty Chan,branch librarin; Damon Hill, librarian; R.C.Ferris,librarian; and Does 1 through 20. I believe I am the object of Racial Discrimination and Harassment by some members of the staff and employees at the Antioch Puplic Library. I have personally witnessed incidents which lead me to believe that discrimination toward and harassment of persons of African heritage is rampant within and throughout the Contra Costa County Libraries system. Their most recent act of Friday August 1, 1997 has caused me extreme emotional distress,which symptoms include but are not limited to: humiliation;embarrassment,shame,feelings of worthlessness,disgrace,confusion, having to experience threats and fear of my imminent arrest,my fear of loss of liberty,my being utterly overwhelmed by this most intimidating dilemna,wanting to withdraw from society,and periodic crying spells. Additionally,I suffered physical pains as well. I have been a patron of the Contra Costa County Libraries system since January 1986, the day the Challenger went up. On the afternoon of Friday August 1, 1997,at 2:30,I was using the Macintosh computer when librarian R.C.Ferris walked up behind me and ordered me to vacate my seat. Miss Ferris had already been harassing me earlier in the afternoon,as well as on prior occasions. I asked her "Why?" Miss Ferris told me that there was someone else to use the computer. I turned around to see the person who had been scheduled to use the Mac at 2 o'clock. I told Miss Ferris that Patty,the Antioch Branch Librarian,said,and the working policy was,that if a scheduled person was more than fifteen ( 15.) minutes late for their Mac computer appointment,that they lost their turn and had to reschedule. This would mean 3 o'clock. Miss Ferris began to argue,stating that this lady had just walked in off the street and could use the computer. I knew that was a lie. This same woman had been sitting at and using the Internet computer for at least a half hour. I said nothing more and resumed my work. As Miss Ferris walked off,she said she was calling the police. Librarian Damon Hill,an employee at the Antioch branch for less than a month,came over and told me to close down the computer in five minutes,otherwise he was turning it off. I said I could not close down in five minutes; he asked me how long it would take. I said ten minutes and again resumed my work. Three minutes later,Mr.Hill turned the electricity off and the computer went dead. My paper stopped,stuck in the now silent printer. He came back over and told me that Miss Ferris had phoned the police and that I had better leave. I began to read my issue of Entrepreneur magazine; there was nothing else I could say. I awaited the arrival of the police. Two Antioch police officers Steacker and Rogers arrived and told me that I was not letting others use the computer and that I must leave; Mr.Hill was standing with them I told them that was not true.. They never once asked me to relate my version of what happened. I got names and badge numbers and the incident report number, as well as noting times.. As I gathered up my belongings,I told the officers that they never once asked me what bad really happened. Officer Rogers asked me what happened. I told the officers. Officer Steacker said,pointing to Mr.Hill,"He's the boss and he wants you to leave." CLAIM August 12, 1997 Page three of four I informed the officer that I had an appointment scheduled to use the computer for 3:30 that same afternoon and that I wanted to come back. It was now nearly 2:45. The officers looked at Mr.Hill,who said"No!" I left. Outside,I told the officers to be safe in their work. They thanked me. I caught the first - and any -bus,which arrived as I reached the sidewalk. I should not have been ordered from the library by the librarian nor by the police officers. The next incident occurred on Monday August 4 TH. I was at the Mac when Mr.Hill came over,stood behind me,and told me something about my "behavior" and never "raising" my "voice" to him again. I just looked at him. I guess I was supposed to be the daughter and he be the daddy. I decided I didn't want to play! I changed the title of the paper I was working on from Demand for Apology to Claim for Damages. This guy obviously didn't know when to quit ... and obviously he felt secure that nobody was going to make him! I was further humiliated on Thursday afternoon August 7 TH. I was at the Mac when Miss Chan came over at 12:50 and asked me if I were scheduled for the Mac at 1 o'clock or at 3 o'clock. I told her at 3 o'clock. She said someone was signed up for 1 o'clock. I asked her if they were here now. She said"Yes." I told her she could tell them to come over now. I had been struggling with what I was composing and needed to take more time simply to write out the words longhand,with pen and paper. I closed the program application in less than five minutes and stood writing,at the tall brown Atlas Case from 12;55 pm until 1:20 pm; I then moved to the green Encyclopedia Case and continued writing until 1:50,when I resumed my work on the computer. The lady who was scheduled at 1 o'clock turned out to be Marcia Graham,a volunteer staff member at the library. She stood at the Information Desks talking for about seven minutes. I saw Miss Chan leave for lunch at 1 o'clock. Mrs. Graham then went to the inside work area,through the Employees Only doors. She and other library staff laughed and giggled and ridiculed and loudly whispered about how the police had been called on me and had taken me out. They stood by what must be the `send' FAX machine until 1:20,when Mrs.Graham emerged from the back employee area and sat at the Mac computer until 1:50. I felt utterly humiliated by these totally unprofessional and unnecessary goings-on. Whatever prior reluctance I might have felt about filing my Claim vanished at that moment. I believe the Contra Costa County Libraries System has established a longtime ugly cruel pattern of discrimination against persons of African heritage. I cannot and shall not continue to sit back and do nothing. There was a time,not so long ago,that some persons - selectively chosen because of the color of their skin - who were caught even knowing HOW to read were punished with being burned alive,shot,hung,horribly tortured to death. I believe that the Library System has established a longtime ugly cruel pattern of threatening its African patrons with being thrown out ••• and oftentimes makes good on carrying it out! I have personally witnessed and intervened in two instances wherein African children in Pittsburg and teen youth in Antioch were threatened with eviction; the kids were on their way out the door in Pittsburg when I spoke to the evicting librarian on behalf of the children. In Antioch, Miss Ferris told the African teens,"I'm gonna kick you outta here." I admonished her. In both instances the patrons remained. I have never seen library patrons of CLAIM August 12, 1997 Page four of four European ancestry subjected to such ugly horribly humiliating treatment. I cannot help but note that the only African librarian I've seen in the Contra Costa County library system is a lady who"floats"from day-to-day from library-to-library. Something is terribly wrong. I say this never having been to the San Ramon nor the Richmond branch libraries. The damages I have sustained include racial discrimination,slander,harassment,and intentional infliction of emotional distress. 1,and no other African woman,need have to endure the library's routine orchestrated,probably successful, campaign of denying us access to information and opportunity.for an education - the education which my African father brought me to this country to enjoy and for which he fought to guarantee me, in World War Two Europe, as well as in Korea during that conflict. He had soft hands and loved books,was a gentle man and always reading, even the cereal box. The last thing in the world I can imagine him doing is hurting someone,although I would ask him about what happened during and his role in these international hostilities; he would never say a word;his eyes would just water. For me to do nothing about these ugly goings-on taking place throughout the Contra Costa Libraries system would mean his life as a career soldier - the only "job" he could get - means nothing." My mother could not read nor could she write. When she left our home,it was dark; when she got back, it was dark again. She cleaned a different house everyday. She taught me - not about values, ever-changeable and cultural and whatever's normal at the moment and open to interpretation - but about Virtue, timeless and natural, everlasting and global,wherein right-is-right and wrong-is-wrong. She brought me her employers'throw-a-way books and told me to read them. She didn't even know what they were about. At night, as tired as she was,she would have me read to her from our old raggedy black King James Bible; she knew many,many of the passages of old testament scripture in her head,and would silently mouth the sacred words even before I spoke the verses aloud. Should I do nothing about the small,ugly,malicious,vicious,vengeful thing which occurred to me at the library,then my mother's inspiration,her courage,her daily dusk-to-dawn example of hard work,her quiet virtue would be meaningless. I shall not allow my own sense of myself to be taken from me. I shall not allow it without the utmost resistance. I shall not participate in the promotion of wrongdoing and littleness,evil and envy via my own passivity and inaction. Subsequent to the Board's routine "Denial," I shall be filing a formal Complaint for Damages at the Federal Courthouse in Oakland. Thank you, Mrs. Gold f your attention to these matters. I am incerel , ' c trudie rogers r' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 16, 1997t, 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 rf� agraph IV below), given pursuant to Government Code Amount: $25,000 + _ RECEIVE® Sec ion 913 and 915.4. Please noteJR� MV:MM CLAIMANT: Trudie Rogers BSEP 3 0 1997 AUG 18 1997 ATTORNE'i COUNTY cOUNSEL ADDRESS: PO Box 4001 CLERK BOARD OF SUPERVISO received MARTINEZ CALIF. CONTRA COSTA CO- ELIVERY TO CLERK ON August 14, 1997 Antioch, CA 946�� 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: August 18, 1997 QQHHIL BATCHELOR, Clerk B1!: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: 42 Dated: ,,/I z BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV'. BOARD ORDER: By unanimous vote of the Supervisors present (�) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. , Dated: cl -I Io -19c(? PHIL BATCHELOR, Clerk, By Y�. i,. - Deputy Clerk e WARNING (Gov. code lection 913) Subject to certain exceptions, you have only six- (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnino See reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant,. addressed to the claimant as shown above. Dated: �} -�c�_' e�q T BY: PHIL BATCHELOR by ��Oeputy Clerk CC: County Counsel County Administrator $%? $ C) (P % � % � k� 2 � � gf � � \ . � 00 D p¢ -E / s l ' vp . * . gRK� % ) � »© A m7 ¥@ //® p/ � ° \ oo / \ mom% VA ZV3os OW N � ® AMENDED , /a CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 16, 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: $251000 + Section 913 and 915.4. Please note all ' M avr V� M) CLAIMANT: George A. & Gloria R. Acevedo, et al. AUG 18 1997 ATTORNEY. Thomas C. Nagle COUNTY COUNSEL Law Offices of Thomas C. Nagle Date received MARTINEZ CALIF. ADDRESS: 500 Ygnacio Valley Rd. , Ste 325 BY DELIVERY TO CLERK ON August 7, 1997 Walnut Creek, CA 94596 BY MAIL POSTMARKED: August 6, 1997 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: August 18, 1997 JbILATCHELOR, Clerk BATCHELOR, 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days�(Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Secti.on 911.3). ( ) Other: Dated: _�� BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 9 -► to — 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 warnino See reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:_9—19— 19 9'� BY: PHIL BATCHELOR bA Deputy Clerk CC: County Counsel County Administrator ''� I THOMAS C. NAGLE (Bar No. 037619) SHARON M. NAGLE (Bar No. 179124 ) 2 LAW OFFICE OF THOMAS C. NAGLE 500 Ygnacio Valley Road, Suite 325 3 Walnut Creek, CA 94596 Telephone : (510) 938-2299 4 JEFFREY D. POLISNER (Bar No. 0405.51) 5 BOLD, POLISNER, MADDOW, NELSON, AND JUDSON 500 Ygnacio Valley Road, Suite 325 6 Walnut Creek, CA 94596 Telephone : (510) 933-7777 7 Attorneys for Claimants 8 9 10 BEFORE THE BOARD OF SUPERVISORS 11 COUNTY OF CONTRA COSTA 12 In re : Claim of ) ADDENDUM TO CLAIMS 13 ) AGAINST PUBLIC ENTITY GEORGE A. and GLORIA R. ) _ 14 ACEVEDO, ET AL. RECEIVE® 15 Claimants, ) ' 16 vs . AUG - 71997 17 COUNTY OF CONTRA COSTA ) CLERK BOARD OF SUPERVISORS E CONTRA COSTA CO. 18 19 The below stated claimants hereby make claim against the COUNTY 20 OF CONTRA COSTA (hereinafter sometimes referred to as "COUNTY" . ) 21 Pursuant to Government Code section 910, claimants make the following 22 representations in support of these claims : 23 (a) The name and post office address of the claimants are as 24 follows : 25 26 See Exhibit "A" attached hereto. All claimants can be reached 27 in care of the Law Offices of Thomas C. Nagle, 500 Ygnacio Valley 28 1 I Road, Suite 325, Walnut Creek, California, 94596 or Jeffrey D. 2 . Polisner, Bold, Polisner, Maddow, Nelson and Judson, 500 Ygnacio 3 Valley Road, Suite 325, Walnut Creek, California, 94596 . 4 (b) The post office address to which the person presenting the 5 claim desires notices to be sent is as follows : 6 7 Thomas C. Nagle, Law Offices of Thomas C. Nagle, 500 Ygnacio 8 Valley Road, Suite 325, Walnut Creek, California, 94596; Jeffrey D. 9 Polisner, Bold, Polisner, Maddow, Nelson and Judson, 500 Ygnacio 10 Valley Road, Suite 325, Walnut Creek, California, 94596 . 11 (c) .The date, place and other circumstances of the occurrence or 12 transaction which gave rise to the claim asserted are as follows: 13 The claimants own, have recently sold, and/or reside at homes 14 located in the City of Pittsburg, in the neighborhoods near the Keller 15 Canyon Landfill . In 1990, the COUNTY issued the Keller Canyon 16 17 Landfill Land Use. Permit 2020-89 . Condition of Approval 35 . 3 of LUP 18 2020-89 *states in part that, "The landfill operator shall provide 19 funding for the preparation of a property. value compensation program 20 study when requested by the County of Contra Costa . . . .When. a 21 compensation program is adopted by the Board of Supervisors, the 22 landfill developer shall fund it in the. manner specified by the 23 Board. " 24 On or about November, 1996, the Board allocated $485, 000 to 25 compensate property owners near the Keller Canyon Landfill for 26 27 declining property values as a result of the Landfill . At a meeting 28 2 1 of the Contra Costa County Board of Supervisors ("the Board") on March 2 18 , 1997 , the . Board unanimously approved a payout program whereby 3 individual homeowners may make claims against this fund which will be 4 examined by a claims evaluator. 5 (d) A general description of the indebtedness, obligation, 6 injury, damage or loss incurred so far as it is known at the time of 7 8 presentation of this claim, is as follows : 9 Condition of approval 35 . 3 of LUP 2020-89 was intended to 10 compensate homeowners for declining property values as a result of the 11 Keller Canyon Landfill . As such, claimants, as well as other 12 homeowners in the neighborhoods adjoining the Keller Canyon Landfill, 13 are third party beneficiaries of LUP 2020-89 . The COUNTY has 14 breached the condition of approval by allocating an inadequate amount 15 of monies to compensate claimants, and other neighboring homeowners . 16 In so doing, the COUNTY abused its discretion. 17 18 (e) The name or names of the public employee or employees causing 19 the injury, damage, or loss, if known, is as follows: 20 Unknown to claimant at this time . 21 (f) Amount of claim: 22 The amount claimed pursuant to these claims exceeds twenty-five 23 thousand dollars ($25, 000 . 00 . ) Jurisdiction over these claims rests 24 with the Superior Court . Claimants will be seeking attorneys fees 25 through California Code of Civil Procedure Section 1021 . 5 in 26 27 representing these claimants and others who may benefit from 28 3 1 attorneys' efforts . 2 Dated: August 6 1997 Jeffrey D. Polisner BOLD, POLISNER, MADDOW, 3 NELSON & JUDSON 4 LAW OFFICES OF THOMAS C . NAGLE 5 6 By. 7 THi§KASC . GLE 8 Attorne for Claimants 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Exhibit "A" Vincent Davi 1135 Alamo Way Pittsburg, CA 94565 Patricia L. Frame 1096 Honey Court Pittsburg, CA 94565 John Hawthorne 2241 Westwood Lane Pittsburg, CA 94565 Tien T. and Luisa D. Luu 2237 Concord Dr. Pittsburg, CA 94565 Mike McGovern 7237 Daffodil Pittsburg, CA 94565 *Teresa and Edgardo Tanyag 2201 Mt . Whitney Dr. Pittsburg, CA 94565 Napoleon Purificacion 1651 Mellowood Street Pittsburg,. CA 94565 Catherine Castro 1136 Alamo Way Pittsburg, CA 94565 *mailing address different , �Y ,•,Y* + c,; 'k' ";ir'' �j,. ^ � ` -.' ' f" f 'r" 6` `F F `,• . f 'v'1 •+c,R" t.., `3 g6 `ra 5 _n >< 4f� R9 *• t� g} L� as °'>}. �• a �' �s' kfi h„ "+`u-�' •+•'ql'r �"' 4'r£ "'saw ."a4 'ty'Ea'#2+,k �0.9" 'x 3* `:'.,• ,'9' i. aT •A �,# •,�'�y.. Q •t4' � 'rx �,-�A., � S.y,� 6 �+a;*>a k �� ,7 'Tu c� a ,� o T � ,.§, s�q �}; ,,, .. J �C4 ��;,+} �6 5� fi S{ .� •�r�'nL y� 4�• Y�'� PLAY� tt� S'a'd Q J i fit' 7 �- '" '� � '» �,,� �`��•��sk'i`rra,� r�Y e -is� ��'`�.a� tE. �� ff 1-C�yY a {•£€"r; »�: �� m 7g r,,�:�:� ! �. 1i - �� .�fl•...^ •'F'YtiR' rv' *'s �' �'7, PC�it. Y . 9 es`A ".i •,��. ,.s,'`' .^d�� b � y �° `�'ntj: y ssiea 4'� ���# t"'T� s� �' �.�Y'4�`'T$.�3FPq�kr ,`:�':�E t� R,n�•,. � a R �'R+ '�' 'rA or r.° i `� ��'. y�z•� �' , is�-. � � � j��. �� ��''� ��� �,.axp �xiSzr'��'�"$off,', � �° "` � �``�xx a<'��'~�•�� � � �'��.�� x ''�,,t ��S y'xsa�f � ,t fig"". 4 > '�•to `Z: • n �e r14,5• rz�t "a �' i' >�" •��'h""�`°`'',� •rh• .J 1: C ' t` ,i°`t '� .a mow•T h' `tc s'a' s= Tk. t�.AMA F d� ,i��� •z x .>• a+,t3�'�F , u �': t ^a,' �`� `j,q� .�z, 'i; .•+ �px +i 1, Via. mrL.,,' 'kill .7�°� L�6 'A{�yi`�`_ - k "ss" �+•Y,.'4. � la-�,�'�' �o`� a��'•,�''� „� ��'��� ' P l may'; �.�' ,n 1 ,�- ` "`}Txyr' ¢ t� c 1, nG6p=•c ^c'�, � � - 5 t` 2 ,� l � •n ''�'n r+ '2° -3 � X � „�, {'4G Fk cwt �°' ;i A S " ^"Ta� .�°1•'cf 'may ..1i t .yR�-���' � 3 Q.u• y."��. a ' ` ' t'r� t. `.kt�,� _ "9, � b ?: µ � gAra`' "•5h1`' 4c:�;t w}T �*`�;af C� teR J"� �4 e-.1' X•E`�'1 '� 'A�,K„Fi W'. ii2j•.} � "yytti'7Z5h1T Y'"t, -. itt5 ..}�xnff't� I rtft,�?ri• ��„ �-�x' e' .a~f"����'� .� ,� a, ,`�� �a�,z„�'�� � t.,.., ''••"t. { .a< iN �a•'L" � I—Mr r'"5 .'ar,'° h �"3` ”` t•7 ,4 k # .fi �T.. i" e> r ? }T +3'»rst. y"�{tii.Cv r.awi�, %Ru 111- .'e � Yu. q''al'` _a�n`r� � ' l` F '� r• t° 4* n �-,s _� "-'J �P� � %}"Y d ys0+ f �•'� "ty.:n �C'',�r �, + ur, � �'*�'ta; ra •� ,s�� ' c�at aL � "� •�o- 5�'� �. •tom,^' r^.�� a r e �; N rw � b t � i t•irt '� � l'x ., �,. p s 1�YF'' Yp �:P''us+ T F{ ' 's�s?$"''S *i£a ,-(F.rt;n sud 'w}'-- '. "zu � •G �{ \'� �� 3`� � 3��T. ^r K•T'{is� "?� �Ss �tY'. � � � H� a. � ?+•[' �'r � t +;,a.�„�u�at,� F �. 'S,�a•C. ,' t 1`' -�,�, b `2i a "'�da,••nt�- +r,. irv�yn - � "ab� S::tr��.' _ � �� d�, fk.%�sy" c yam'• r r s�`t'�k'a7 �� `�"`$aN n'4 i 'F"� "`rr .�' 7�.t •�,- q, '",s: t. � L+� i,:r9 R a Rr H ' ,� �: 1' �3 t����`` f •�', t *Lka��•nrE�. a..,� ,�Y „��s fi�T�a �r� s*gd4`r.�.r' � e.."` "4 x`n ° "��k'�� FJ �.^�a t:;_ Q� r E ,� `:}.h ;��i. $T�:.� �� a=* I��.P,T�.i � r,+f.•' `.�'e'�? - � �5�`n. °E �',r� �4'�w`¢y i , ,t. r _ } `{•i n, � �,i A'r�r�1^: .,� 3 ty `p�W! �� �.«a- 3 ,TSr �p .5p�•"•_ °" d R}l���� fi4 t3'- F �J'.S°p` . f,, #a•^z'. `��" fi� J :t h v,g a a„^ •.�.,`• 'P is +a7 cry`+` r G�` m� 4�".$ ~ x eo 5LYy�l�M�,.,,•.�.�t.P��"!�'.ri7,,'���qq�'fi:'`�1�.�.��4.:.gF,:r`-��s'r'�'C�i,,,r�3`,.t.'�,.,t"';.�.'�•tr�„=5�jaz�f's.��a�F�1 l4��,.'.>.Y..<2u•�+„�ta`a4fa'� 3-1-�1`�++rr,b,y'',lf-a�'�,r��.'°o:-:'`�•,r�ted�fi;r.�".:+.n.�,'�`&�R".�f1y�f'ct`��s�-�•.h^,�^�.'""E�.�,�-,r�y L���ppk�e_¢::•>;%,��..,.._fe`�F�$,�4i.i._ijxfi�Y•paw]s'.��9r��sr,�rEr1f.a��,,.�.rf:?.�yeg�Td�,,•y7.ey'*�;+��.fr,'�.�F,`.,�'r�ia•,,Cs..{;.`,��z+';�fl�T�;y`''PfiY4Wrw,'xyE_�=P_�'°<:;S�ixT.'Sb��•�'t4t"ai?��wLJ✓•r.';;•:3.:;s?�..��'acf€�`�.e'tt����a)E�.:r..:y-y�f- �yey"x�yv,irPrim A ig, ;k�-5��pp!.��,.i�.+R.y��.t..,y.:��,�ie''..rs='.._e P..t�r-n�,--e:`avi'3r-'.tessbS-gy•�%p''`--mo'.a'�i,-n's,�'3.s.=s-;�T.o'�"pter"F,t`.,:'-'">,hxtr'l$�,"*`t4�m rfir'>�•,:�x.ti;5�a 6=Pt_#'yr?t', ,�yr#u;t?;�7rTc.`•S*t,� :. 'fr,�i=a `'�7fi '; ��# �#��.;4'xz�{� "C�"t.��-�s=t`r' ��£ �' �a�` !.��'*sa4� �;u,>� =�`K •s ���,., �.,, ��,�'� f .`, �., ,y,.u;u x, -' �}u�j�.�i F 'S fi Y s,SL � wi• .d,�'- �4'.as��•,� Y M,�.J �3;.; x•�+.^t'} � i da "at " .,,^ �ek;,t �+ '�,?. j� ''a- 'a"t' .,.. , wtiS ��� > {g.� �.-'tE•3''a{ a T -it��y��✓;�,7-,� ,�,"f'�f i `�3.. `� �F,.a-s•3 a� �'y.i-Y fc��"-�S� �k'°�F�' ����'���+��' ,�;�"° 'f�`� _.t�Tj O. 41 t r ,l �M J ^'/'+•`LJi i pY'f3tf Y y6i rt � '�F'q" S2.fi', s.. ✓,-'ak s�:+ 1•:lt'•9- n' .:.r.z�A'"�'�` f v.'..i,„'r 3 '' ,/ 0uu {•4'S"$�ta '�R 'y �}i, �,.,#` ('�NttJ.'s '�y '4jw,. .K``'� �-.'.Nx• .x 2Y' v T �..ti.` �`,{j"'„�-� _t-5"^c3+p C+''Trf '% a x"h pbe _ -- _ -^rec-yr! rra 'o �' r.+`' x ix ..s ' •4 Ln 0 A ,••.3^�3;.w�� 'k¢ '�-` t,r a OO t :: �ti ...• t .. �' ' 02 y.iX4 +n�:;•4" q^ I� ,.p o gr 14 CD P 'L7 .t r r Q ate£• b (p CD �t^,M .."'�� �G'3`,` �] o CDg>`(S� � +. '?"� .-+�,� .,,,;``r ��•r ��, ����',s, , 1�-1 ',px �` s r,, ,,•z tsr• •h�t- Sr�*a' o � �T� P f; �•t•5 �. fD w • tet a� N �K earl yO�j ..al ~s= z .✓ •?° 5'r; T.X+y . re'• ` � ` °,y vii a �p1C �.-a-a sTy�,`��, �; rr- r. rte„. d'•1r �r?Oaf++�' aj.. Q O Yf ac .F = t� a'' XA4 t-r r { ngg 3�s'r `. 'a�,•+` x we�rf,i`ri. W rte• �+, -� . :' ,?��, ;3, �3-�t r r,j% f� 3 - ..ON -- .;ti- sib... y U'h rT++t 1 l a �h� -- �µ ¢�`� y.,�c� �''"A.:t r �.� a ? � �e� `�"�',,s.�•`"'`S r fi+2-id�t'"9:S.a'as•sA ''�,5'✓�. w r� `aJ �7' �k. k.1"*�.�,� >T' - '"'y.: � ix.*k+.- •k' �'y �Y� Y � �` s}7 .�-•'` EF9 �` 'rt# u `� �.F 5,., Sa°t iryU`"', F ' ' ,o. �+f�,, '. "'j 'Cra 2 .4 # .£ Qy3 .,o .,,c. .ty47.•�gC� rt� ,p i,�t1:2 L� °t$}���' `•�;� +� � p.C�,r�f..-��r �'x-„t�c^f�4• ,">� ``�.�rF' fi3 gy�t5,�g•�,{����>�, „n f' '�t :r P�. r'"'i req , '•i• a�' s���`' ' �_�' � �s ��” �. �-;d� 'a�'��� puri-r�r� ��M�,�s �'`#{.�;� � ` �° ���,• mc ��o- f tY`� ,*H•C. h3 �F� �;`, 2 �< 3 57 1 c�" x a ��a'�� x+, n1 �� � ��`, � � >��' •� � �'' �� '3''�"7A.'� t a-" �� ,�a,q,� �c'a e� {� .��s � � � a.�6 a ���+ !3E��7cf4S � 3y ' ti��vrAr✓Aaa aP Y ,P� � _ _" lX : e "p ca 7a .r F'a i'r ;v�i t'*,.a �a�r.� x �„ ''is�s '4, ,t'�,. �`P�'4 r,Ac f��,d� �-a�•�cs° i�i'� y. Ia,S;�{• �' + ' '"`= P£, `•'ic t:9'�i ,at'.•e,'"R' s d+�y�t•• dx }r RMF b,,1 u '6 y,Iwo+ '••"*� x.. r� .! sa* `/a t�sn "�' ,"�4`"-y} ?r { ;•��\f }:.�� 3a. 'r .�,., `1� up r y ��' + q�"q 3N'a G,�• `� �� ,t ao ssY' ,�3i c � � ^+ 3�'�fit'n}� *�`" sx� c' � G 1� ;a P c. k ,j><.° er 3 r '-'. w ``,2y:...a ,�a,t a z, d i�• `ar. ci s4pwz � x �b�„g3l & Yf a ddb r y v 4 ��>a •�Etp �t t,,�.P i �r�r � � ����''�'.- L�',r 4F+r t �c`'-d'_ '�;RB �� fc. �n� .s s• 3 z`L- � b�.s+ 2h•. � _� ./ .��,'� ���. �€�q; �'�.a e. � �x sa �'��"' ;�•�r>tk ��' h�a#3t2�� �F r ro� � 8� � ,� o :�.z.,Y �P,g ' �, �s � .tok,- k P: �` « a o �k �, t X11 r`,_ �+�. '���.�,��.L�•;t#. ,,� '3S>:. � ,���§°.y `,�t�A^� �' `k� �;r � ,`s, ;t � as W;,;,.•.�.�”,`i."tet. w.`t;y°���:t�:�'�3 � � ' �" `�;��a2�`t��� ��1,�,� ~�,�p„��i°��"��i ����p,�+ ��..r a`,� �,[�a � �s,�.. �-"Fn A ,.Y 1.,� g :��g' `".• i� '.�5.F t``u � 6� d'sfy'y,'•' � r ,�, .z� �n .n j- , to ' �t< � ` ,:.4' -� � a .R-y� F e � K d � '�:�,` �`�r:t'. r 7 r�-a� x�p+ •,p ��.T` vtf p �.aa �.tis, �+ •r s« -�3a s �, c.� '� ��a 2 ,.e '7 •� .yr•� ,mak Sa „A• "' y£a "sib "te'°c% A•at'a"`'.�aA Ep °„"'�'.F 'n �`” - :'wl �� -#- av k' �'"i 4 '•i�7tg �7:� �i���.�i?,S{fag-�p��<�} �:3 .�� � � .�'3'�' ����,m'tPaS � F�P.i* r.t 3� FS •fi'�3 "f'�.` ,m 5�,r�- x w � a':� - +'� �iw 1,�� ,```...._.,r;��e f�i •..1. w+a-i�s�a-t ,�,�.'� ,��x"�t � f-�',,'�� ��a ��",��' �Pzu2.�t' ka rt.r�.s •c � -���� '� ,,� r�.��P,- � ,- r � ,�. �� �g� '° as qq..c •r o, �;'q, a'n, 7 `a.,,. aW. r`x i t 4a s F fi -^��3.., k'y'�^° 32 '�' a'-` V•2r -'± the �t 4�'"4 � �� �"�w.c x.�.;:•g;+� ,'� .A:;� t��v� f.F ora-:+� 'f.... ,�y..•ys r_.4;yo' m�._p"� �� ��`�.. _�5l,�4M' 3f��a $�.�i`4f�f.6 '`�:k 1} '�+�' �.SS',W '+S ,�"..� E. �h 5•� h, y.. � eK €...V 4 S gc �3 � � y]i�� j...� ... 1 • •.) 1 �:Fin � •�,�`+a aY, ,.�� � P• 'P p�'`b `+} 4�3. t 'C# d a a. s- n� M s r � s "a § a��;:,ri`�` G:�' ���y 1 '4 �i rad��, �a.tr'+n ' �.1 '' ck w 3 -< >:�. s a �`%� is 3; , 3 � ,Pty,•b, .�. ,c a a °t �, Dy m�,z*y of'- 4 rz, '' • f .'n w Sp�j{ t s.,t.tA.J °,Ti ° +d•i- ,! a 3.y �.a �ro4 �z .Xy fit• ' � -� � c- ra. nu4.��•a' --s s nLc.� a�• .a`a ;aa,•a` 4�'a}Tl'�4Y5✓f Kst4 ��s's `��y"A 3x a c� c��� ��'@ 'r -"rar, t ,$�:',; � � •Pv� t��, � .�._'�'„ �' �;w,� f�i'� ,'"t }y.�a 9' �`-`+e �' c4.a1 s ,�J"'s,�' b ?'` + '`.. -'k' aa_ c� r' rc�..' sS x ,P-• 7T- c 5 �i � <" g ,.� t t2k � � � •�,�••�.,ra sir .s '� �.: e,..^ j.. m u r `; b t � � :c � �'F 1 .,�n' � Jf� ,��a+�,F .fro-, �c A _ � may} "M• _ � ?: t � � .. �' ^E°rt� o sl�� � a ru -r'*'r"' a � h. �•f *�� a� a x. z �.�... a ''� �:dP'f� 6o'�'+�.k � "3"''f ri..-'a �Rg' v�' lmA d xw 6 � F •t, � "�'w �.;`�„ y ?'�\. .fr S°F�`' ""''�, moi. ,`m� r" -`Ff'�'f.'�� $"'S� ak.�,�.usx g .�"f; ahs. --2_'•sy�a� wt B_�` y k`..,$ .a.,,a�. ..��.' F �p yiT` � �as `f�`� .�� s�* - •k �^Ta �-�z�� . LAW,{ OFFICES OF THOMAS C. NAGLE 500 YGNACIO VALLEY ROAD,SUITE 325 WALNUT CREEK,CA 94596 A PROFESSIONAL CORPORATION <510)933 FACSIMILE MILE(510)933-7804 THOMAS C. NAGLE SHARON M. NAGLE August 6, 1997 RECEIVE AUG 71997 CLERK G OARD OF STA SUPERVISORS P R ISORS CERTIFIED MAIL/ RETURN RECEIPT REQUESTED Clerk of the Board of Supervisors Contra Costa.County 651 Pine Street, Room 106 Martinez, CA 94553 Re: Addendum to Claim of Acevedo v. County of Contra Costa Dear Clerk: Enclosed please find an Addendum to Claims Against Public Entity to be filed in the above matter. Please return a date stamped copy in the enclosed self-addressed envelope. Thank you for your assistance. Sincerely, Jessica Ruffin Secretary to Thomas C. Nagle Enclosures CLAIM ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 16, 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 913 and 915,4. Please note all CLAIMANT:Diane, Steven and Nathan Cornwell AUG 18 1997 ATTORNE';:J Niley Dorit COUNTY COUNSEL Dorit Law Firm Date received MARTINEZ CALIF. ADDRESS: 44 Montgomery Street BY DELIVERY TO CLERK ON August 7, 1997 Suite 3400 _ San Francisco, CA 94104 BY MAIL POSTMARKED: August 6. 1997 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. D DATED: August 18, 1997 PeHHIL BATCHELOR, Clerk + BY: eputy 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: 0 f� % BY;424� 'aa &.iXaAP,0e0eputy 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 (4/) 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: C1 — Ito — 19 92 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: q - 19,— vnj BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator .'1 I I ',�;-� ; VICTOR J. WESTMAN OFFICE<OF COUNTY COUNSEL DEPUTIES: jyf i�'1 is /�'�� � w' �/ PHILLIP S.ALTHOFF COUNTY COUNSEL CONTRA COSTA, COUNT i SHARON L.ANDERSON � ANDREA W.CASSIDY I f - I �, VICKIE L.DAWES ARTHUR W.WALENTA,.JR. COUNTY ADMINISTRATION BUILDING'S MARKE S.ESTIS ASSISTANT COUNTY COUNSEL ."` MICHAEL D.FARR 651 ,!NE_STREET 9tti FLOOR LILLIAN T FUJu SILVANO B. MARCHESI MARTINEZ, IA= CALIFORN94553-1288 CAROLS.GORDON DENNIS C.GRAVES ASSISTANT COUNTY COUNSEL - C GREGORY C.HARVEY KEVIN T.KERR GAYLE MUGGLI EDWARD V.LANE,JR. VIVIAN LILY OFFICE MANAGER MARYANN MASON ADAM D.MILLER PHONE(510)335-1800 PAUL R.MUNIZ FAX(510)646-1078 NOTICE OF INSUFFICIENCY VALERIE J.RANCHE DAVID F.SCHMIDT AND/OR DIANA SILVER WILLIAM E.SIMMONS JACQUELINE Y.WOODS NON-ACCEPTANCE OF CLAIM MARY E.WRIGHTSON TO: J. Niley Dorit Dorit Law Firm 44 Montgomery Street, Ste. 3400 San Francisco, CA 94104 RE: CLAIM OF: Diane, Steven, &Nathan Cornwell 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. Q 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. Q4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. ❑x 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. Page 1 7. Other: VICTOR STMAN, Count Cou By: Deput 'ty unsel Page 2 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;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: August 19, 1997 at,Martinez,California. 4Ka�- t � 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 J NILEY DORIT ATTORNEY AT LAW TELEPHONE(415)956-2757 44 MONTGOMERY STREET FAX(415)433-3308 SUITE 3400 e-niail:jndorit@doritlaw.com RECEIV August 6, 1997 AUG 71997 CLERKCB NTRACCOSTA CO. ISORS Board of Supervisors CERTIFIED MAIL/RETURN RECEIPT County Administration Building 651 Pine Street, 6th Floor Martinez, California 94553 Re: Nathan Cornwell, a minor DBirth: 5/23/95 o Dear Sir/Madam: This office represents the Cornwell Family in reference to the medical care and treatment rendered to Diane Cornwell, Steven Cornwell and their minor son, Nathan Cornwell, in May 1995 at Merrithew Memorial Hospital. You are hereby notified that in or about May 1995 in providing medical services to the Cornwell's you and/or your agents violated Section 1770 of the Civil Code known as the Consumers Legal Remedy Act of California. Demand is hereby made that you fully compensate Diane, Steve and Nathan Cornwell for their damages. Under California law you have 30 days to respond to this notice. Should adequate compensation not be timely made, the Cornwells will seek all damages and legal fees allowed by law. Very truly yours, J NILEY D"r-- JND:kc t14 - .. _.�sc .:�i'.a.-3 .--i•izsl�+441i+w•«..4.�. -s :':.-.... y �o f s � � N r Ir .� N. U1 a 6t b p Q. W a r lV Co Ir V1 W oo73 4 'f L r l: