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Home My WebLink AboutMINUTES - 09231997 - C14 b CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 23, 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 Gov �� * Amount: 310.05 Section 913 and 915.4. Please note all "Wa gs". mal) CLAIMANT: F. Joseph Whalley AUG 2 9 1997 COUNTY NSE ATTORNEY: MARTINEZ CALIFL Date received August 25, 1997 ADDRESS: 81 Spar Court BY DELIVERY TO CLERK ON Pleasant Hill, CA 94523 Hand Delivered BY MAIL POSTMARKED: via: Risk Mgmt. I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QQHH gg DATED: August 29, 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 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: J/y/7 8Y: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARDORDER: By unanimous vote of the Supervisors present S (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. �1 Dated: �- ,23— `j 7 PHIL BATCHELOR, Clerk, By. , ,._Q Ofi ). Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six• (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 9— a-9— ( 01 q'1 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator t This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. 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, t51` Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the clajm 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 f orm. RE: Claim By ) Reserved for Clerk's filing stamp F EPN -Wjyaak, , _RECEIVE®. 40 Against the County of Contra Costa > AUG 2 51997 or ) 1/. ... .e...A4-inyf. eO N7RA 64-M_'M CLERK BOARD OF A suPERvisoRs P100M 772oL District) CONTRA COSTA co. F 11 in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ ��/(� • O _ and in support of this claim represents as follows: 1. When idhe damage or injury occur? (Give exact date and hour) 2. Where d' th e injury o9cur. �l_u_d-e/ci�,t�d o �10 A-[�tUg• 3. ow did t damag or injury occur? (Gi3e ftL ail , use extra pa r r ui d) Z �_ / --- -------' � -------�-- - -------- ----- :---------------- 4. What articular act Z r omission on the t county or district officers, P Paz' servants or .employ�eees caused the'injury o damage ow � ec Qc92�rLen`�: int ► E' L//eUR/Y�# /VI.0 '!"o �(over) 5. Wftat are the names of county or district officers, servants or employees causing the damage or injury? 5. Wha damage or injuries do you claim resulted? (Give full extent�o--��f inj ies r dampig a Attach two estimates for auto damage.,�� Ct�1 7. How was the amount claimed above computed? (Include.the estimated 4mount _of /any prospective injury or damage.) $. Names and ddresses of witnesses, doctors and ho�pital�� a 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT A0 t0114ZP"�h Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or. bya= person on his. behalf." Name and Address of Attorney laimant's ire �j bAddr s PAg Telephone No. Telephone No.. 4 917' V *. N0•TICE Section 72 of the Penal Code.provides: :'Ever} 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 eitherby imprisonment in the county jail for a period of not more than one year, by a fne 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. ,j. DiVERSIFIED PPOPERTIES �D PI J _ INTERNATIONAL/I INVEST' IEltiT INTERNA,1-IO`.,kL E JOSEPH WHALLEY President, Broker County Administrator Risk Management Division - 651 Pine Street, 6th Floor - Martinez California 94553-1290 August 22,1997 Attention; Julie A #1505 RE: CLAIM FOR HALVE SHARE OF BOUNDRY FENCE REPAIR 81 Spar Court, Pleasanr Hill, Calif. , 94523 MATERIALS AND LABOUR COST MATERIALS Home Depot, receipt 4 31977 294.86 receipt # 16187 28,57 323.43 LESS 5X50 lb Fence post concrete @ $1.44 7,20 1X2X12X8 Rough redwood 16,70 23.90 299,53 DELIVERY receipt # 063400685 20,57 LABOUR 300,00 TOTAL COST 620,10 HALVE SHARE OF $620,10 = YOUR SHARE $310,05. G POSTAL ADDRESS:BOX 6795 • CONCORD,CALIFORNIA 94524 • USA • (51())-,686-6917 4i j i��'t_r' +'t i'`1`'. �,Li;-i•.. <:�3tt%l� �t' t:F{_ 4.t_+i.3.+ ifli:� {.:ip•7 117f27i37 1;1:17 AM 16 01 + ; JS{ tssE 3.7,7 t s c ,rt 3.77 c Dll � 2( ,_ , ._, .L`r`CIl'i... .-. 13 _ �0T-4L $ 74 - Ts?TAt_ $M57 '._=il;0*2*81J5 VlcjA/tI.0 *28.57 5 ... .._T._.� .f��l.�j t+J C! ,•'fy .+..�{i( l,;J:.'+' ..._+ ��. iIS{_i(F'j.;Sf to htt L.F.i`i f:G'tif}� tU FOR +.Lt't_i iii GRIG.t�'LA RECEIPT 4:�i7�}fi L3 FOR REFUND -'HANK "(0: Fid;: LtsOPPI1•6 AT THE HOME �tfc.POT J7 M, 'i�iiir`i'lt't%1 }�. T}ir �..-II- 4:?.:'u' t ENOUSE �=.y_ICES. - `'°}+ D'Ar DAY OUT This CUsiorner Agreement is only a QUOTE for the merchandise and Page 1 of 2 services printed below, unless endorsed by a register in the validation area. VALIDATION Quote is only valid for this date: 07/24/1997 SPECIAL SERVICES CUSTOMER AGREEMENT 13 1. 2 7 2 Store 634 CONCORD 2090 MERIDIAN PARK BLVD 0 2 q 8 6, CONCORD CA 94520 �4. Phone (510) 798-9600 Salesperson: DLE21 Reviewer: CUSTOMER INFORMATION WHALLEY First Name JOSEPH Phone-Work, (510) 686-6917 PO BOX 6795 CONCORD tate A Zip 94524- R erence_n FENCE DESCRIPTION • R601 377-542 4. Od EA 14X4 - 8 PRESSURE TREATED Y71 $6. 83 $27. 32 789-187 2. 00 EA 14 X 4-6 PRESSURE TREATED .40 y $4. 80 $9. 60 R03 R027 153-051 10. 00 EA 12X4 - 8 GRN PRESSURE TREATED y $3. 67 $36. 70 R('4 767-476 3. 001 F,4 12X 12 - 8 ROUGH REDVIlOOD y $15. 70 $47. 10 R05 772-782 30. 00 EA 13/4 X 8 X 6 SQ TOP CON HRT REDWOOD Y $3. 77 $113. 10 R06 866-423 15. 00 EA 50LB FENCE POST CONCRETE Y $1. 44 $21. 60 R07 974-633 3. 00 EA PEA GRAVEL- 1/2 CUBIC FOOT Y $2. 59 $7. 77 R08 118-141 1. 00 BX 16D 3 1/2 IN HD GALV BOX 5 LB BOX y $4. 56 $4. 56 R09 118-087 1. 00 BX 6D 2 IN HD GALV BOX 5 LB BOX Y $4. 64 $4. 64 W10 515-664 1 ICUSTOMER PICK-UP WILL-CALL SUBTOTAL $272. 39 SALES TAX $22. 47 T, $294. 861 DETAILED DESCRIPTION OF SERVICES ..................... ........................... ............. :3 START*017:C.USTOMER::M 5W10.1 ..................... . . ..... ....... 515-664 CUSTOMER PICK-UP WILL-CALL PICK-UP DATE: 07/24/1997 MERCHANDISE TO BE PICKED UP: z i ITEM DiSCRIPTION- 0 RO 1 )^ 377-542 4. 00 EA 14X4 - 8 PRESSURE TREATED LO R02&' 789- 187 2. 00 EA 4 X 4-6 PRESSURE TREATED .40 R0300 I 1 53-051 10. 00 EA 2X4 - 8 GRN PRESSURE TREATED R040C 767-476 3. 00 EA 2X12 - 8 ROUGH REDWOOD R0500 772-782 30. 00 EA 3/4 X 8 X 6 SQ TOP CON HRT REDWOOD W Oz Customer Copy t :,;I � <-a •,: ".Y�� ice' ' .-3xy ... >�4 .. �Y1 oil �i J. � ♦ � _ .f,.. 1 "'fir �- sus';:, V. �v �..t..mow \ ., .�• ;.. ij1.�„'�. ��111... ppppp � 51 i` � } ♦ . iJf Yi t �i AGREEMENT# 063400685 ®` - - RATES: _ REGISTER VALIDATION _ ._ - -- $ 19 .,.7st75 minutes._ IV Includes rf gas&mileage 2 each hour thereafter or oca,_ -.o, t 11 u • j ,lit i pro-rata per quarter hour ' HOME DEPOT IS NOT A PARTY $ NSA includes gas&mileage daily with_miles TO THIS CONTRACT AND ACCEPTS NO LIABILITY gas not included i'. OR RESPONSIBILITY UNDER THIS CONTRACT. —per mile thereafter _ ...X14 _.�`� ':1�"•. �_ rt RENTER (LAST) (FIRST) (M) ADDRESS : sr ry ws : a .n r,S'§R- CITY STATE ,xL ZIP'CODE a t UA �.+' `Xir?.Yb4W` "'�+:�i �• i.,4Mt td*..a,Kv�1,:#'Jn � s '-4-X, <.J'-'Ik•r"'"`i . t-�i �.t'1 DRIVER L�CENSE NO' "I-",[STAT S 9" DATE OF BIRTH LL SOCIAL SECURITY NO �'"HOME:PHONE �� `�'� fi P;- 3bL"-�{"' k,;.,�. 'za''z�.: �*'.tir.:..�-� .k+a� `3 .. LOCAL CONTACT&ADDRESS PHONE NO: EMPLOYER'S NAI01 CONTACT EMPLOYER'S ADDRESS PHONE NO. CONTROL TIME OUT CITY STATE DE TIME RETURN:.., INSURANCE COMPANY POLICY NUMBER TIME DEPART: �i t AGENT'S NAME 2,(q CHONE NUMBER ATE TIME USED: CITY f .. w STATE s ke - � CODE RETURN BY3 TIME ' > VEHICLE NO. LICENSE NO.•"- Renter will not under any circumstances surrender the use of the-Rented.Vehide.to any person other than those listed below subject to Section 4 on the back of this y any driver- I Operation.of.the°vehicleb der 21 years of age or in violation of Section 4, is prohibited. If none, print NONE across this ODOMETER sec no have signed by Renter. IN RENTER SIGNATURE ODOMETER G� —2) 1 r OUT EXTRA DRIVER EXTRA DRIVER SIGNATURE MILES _ _ u CURRENTHOMEADDRESS n /STATE "DRIVEN' 1 – DRIVER'S LICENSE NO. STATE EXP.DATE __BIRTHDATE VEHICLE CONDITION CHECK W "_.OHECK OUT,. In _,ponssideratwn of th _mutual promises and,covenants harem contained LOADN.GO, Ine»�r * L - �'. e leases to the undersigned renter�the�vehicle described aboyeaan�l the rentec agrees by hrs� _ �' ' ,. , signature hereon to lease-said vehicle-:subject-fo.the!terms'-and'"conditions-on'the-reverie side- �r.-FR�fI�" � �LFFTS(DE � �(YI�1� T ��$I71E hereof which the RENTER ACKNOWLEDGES TO HAVE READ,and which provisions by reference hereof are incorporated into this contract ` _H 'N + RENTER FURTHER AGREES THAT-LOAD GO_FURNISHES:NO INSURANCE'COVERAGE BACK '0 RIGHT SIPE," BACK tRT(3HTSIDE" WHATSOEVER TO THE RENTER and renter expressly agrees and warrants that renter maintains in force :a aiir ,a,.::;'.- automobile insurance(liability,collision,and comprehensive coverage)which will cover renter's rental,use REMARKS: and operation of the vehicle. including the use and operation of the vehicle by any additional drivers. - ' Renter's insurance is the primary coverage with respect to this vehicle rental,use and operation and any payment of proceeds under such insurance related to the vehicle,as described in this Agreement,is hereby assigned to LOAD'N GO.Nothing herein shall limit renter's liability to LOAD'N GO to the extent renter's SPARE& IN: RAMP IN:_ insurance does not cover any amount payable by renter to LOAD 'N GO under this Agreement. JACK O.K. OUT: OUT: RENTER AGREES THAT IT HAS INDEMNIFICATION OBLIGATIONS TO LOAD'N GO AS SET FORTH IN CREDIT CARD NUMBER EXP.DATE AUTH. SECTION 7 AND SECTION 13 ON THE BACK OF THIS AGREEMENT. RENTER AUTHORIZES LOAD'N GO TO PROCESS A CREDIT CARD VOUCHER,IF NECESSARY,IN RENTERS NAME.All charges are subject to final audit. f RENTER IS RESPONSIBLE FOR ALL TIRE REPAIR OR REPLACEMENT 4. - r (INCLUDING ALL FLATS AND PUNCTURES . X Accepted. -- DO NOT TAKE LOAD 'N GO TRUCKS WARNING: {�j' �\ INTO MEXICO. rs • Read carefully all driving and use restrictions on the revee side` LOAD 'N GO TRUCKS MUST BE RETURNED • You are responsible for all traffic violations and must turn in all summonses upon check in. BEFORE STORE CLOSING OR BEFORE DATE • Report all accidents immediately and complete all necessary forms. AND TIME INDICATED ABOVE. CLEANING CHARGE$20. under this contract.Renter holds Home Depot harmless from any and all cfaims by 3r� parties under this contract. . RENTER IS RESPONSIBLE FOR ALL-LOSS OF AND DAMAGE TO CARGO PLACED IN Renter has read both sides of this agreement and agrees to the terms and conditions thereof. VEHICLE(WHETHER OWNED BY RENTER Renter may be prosecuted if vehicle is not returned when due back. OR OTHERS). THIS AGREEMENT DOES NOT PERMIT RENTAL OF THE VEHICLE FOR REVIEW RAMP USE INSTRUCTIONS MORE THAN ONE DAY OR PAST THE TIME AT WHICH LOAD'N GO, LOCATED IN GLOVE BOX. r` DEMANDS RETURN OF THE VEHICLE. MAXIMUM LOAD CAPACITY 1500 LBS: X d LOAD HEAVIEST ITEMS TO FROWT Q,, ►4 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 23, 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: $15,000,000.00 Section 913 and 915.4. Please note all "War ( ltv,1 CLAIMANT:paul I. Nelson and Ellen E. Nelson AUG Z 9 1997 ATTORNEY:J. Chanuncey Hayes COUNTY COUNSEL Attorney at Law Date received MARTINEZ CALIF. ADDRESS: 1500 W. El Camino Avenue, #391 BY DELIVERY TO CLERK ON August 29, 1997 Sacramento, CA 95833 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. J gg , DATED: August , 1997 BIL DeputylOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �!�` BY: - - Deputy County Counsel 11I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (f) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 9 - 'a-3 -9 2 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six- (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 9 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator r e t This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. 1 J. CHAUNCEY IiAYES (SBN 88708) DECEIVE® 2 Attorney at Law ,,�� 1500 W. El Camino Avenue #391 AUG 2 91997 3 Sacramento, CA 95833 a:3�- (916) 646-4073 ,tu,� ,:, : 4 CLERK BOARD OF S',j P? 5(J (;n;yTR 5 6 Claim of PAUL I NELSON ) 7 and ELLEN E. NELSON, ) CLAIM AGAINST CONTRA COSTA COUNTY 8 vs ) 9 COUNTY OF CONTRA COUNTY ) 10 TO: THE COUNTY OF CONTRA COSTA: 11 YOU ARE HEREBY NOTIFIED that PAUL I . NELSON and ELLEN 12 E . NELSON hereby make claim against the County of Contra 13 Costa for the sum of $15, 000, 000 . 00 and for indemnity, in an 14 as yet unascertained amount, - and make the following 15 statements in support of the claim: 16 1 . Claimants ' post office address is P.O. Box 211566, 17 Bedford, TX 76095 . 18 2 . Notices concerning this claim should be sent to 19 J. Chauncey Hayes 20 Attorney at Law 1500 W. El Camino Avenue #391 21 Sacramento, CA 95833 (916) 646-4073 22 FAX: (916) 646-3571 23 3 . The real property affected by the events giving 24 raise to these claims is located in Bethel Island, in the 25 County of Contra Costa, in the State of California. 26 4 . The circumstances giving rise to this claim are as 27 28 l 1 follows : 2 Claimants are the sole, legal owners of approximately 3 20 acres of realert ro p p y, submerged along 3 , 950 feet of 4 shoreline, and extending out 200 feet, into the waters of 5 the Dutch and Sandmound Sloughs, in Bethel Island, and more 6 particularly described as : 7 "Parcel No. 031-010-008-6 8 Portion of the North 1/2 of Section 22 , Township 2 9 North, Range 3 East, Mount Diablo Base and Meridian, described as follows : 10 Beginning on the south line of the 6 .48 acre 11 parcel of land described as Parcel Two in the deed to Blanche Farrar, et vir, recorded April 1, 1944, 12 Book 751, Official Records, page 476, at the northeast corner of the parcel of land described 13 as Parcel Three in the deed to San Joaquin Yacht Club, recorded July 18, 1962 , Book 4162, Official 14 Records, page 270; thence from said point of beginning easterly along said south line and along 15 the south line of the tract of land designated on the map of Sandmound Park, filed April 6, 1944, 16 Map Book 27, Contra Costa County records, being along the waters edge of Dutch Slough to the east 17 line of the parcel of land described as Parcel One in the deed to Leroy B. Thomas, et ux, recorded 18 June 8, 1944, Book 790, Official Records page 100 ; thence southerly along said east line to a point 19 200 feet south of the southerly toe of the south levee of the Reclamation District formerly known 20 as Reclamation District No. 1619 ; thence westerly parallel to and 200 feet distant from said 21 southerly toe of the levee of said Reclamation District being along the south line of said Thomas 22 parcel to the east line of said San Joaquin Yacht Club parcel ; thence northerly along said east line 23 to the point of beginning. 24 EXCEPTING THEREFROM: The "7/8 of all oil, gas and minerals" and "the right to enter said premises at 25 any time to remove said oil, gas and minerals" , as reserved in the deed from G. M. Harrington, et ux, 26 to Leroy B. Thomas, et ux, recorded June 8, 1944, Book 790, Official Records, page 100 . 11 27 28 2 I Claimants have learned that numerous persons owning 2 lands immediately adjacent to the above-described submerged 3 real property have been allowed, by the County of Contra 4 Costa, to construct numerous docks, berths, piers, wharfs, 5 pilings and other structures upon portions of the submerged 6 lands solely owned by the claimants . Additionally, Contra 7 Costa County has assigned parcel numbers to these 8 improvements, built on the claimants ' lands, and is 9 collecting taxes . from the adjacent landowners for these 10 improvements . As a result of Contra Costa County allowing, 11 and taxing, these improvements, claimants ' lands have been 12 wrongfully taken, without compensation, and have been 13 rendered worthless for any purpose. Contra Costa County has 14 permitted the construction of these improvements, on 15 claimants ' land, which the adjacent landowners now claim as 16 permanent easements, in violation of the California 17 Subdivision Map Act . 18 5 . Claimants have suffered damages as a result of the 19 conduct of Contra Costa County in wrongfully allowing, and 20 taxing, numerous structures to be built on claimants land, 21 thereby rendering it worthless for any other purpose, to the 22 economic benefit of the County alone . But for the 23 construction allowed by the County, claimants are informed 24 and believe that they could construct a multi-slip marina, 25 capable of earning $1, 000, 000 . 00 a year in rent . 26 On April 26, 1997, claimants were served with a 27 28 3 w w � . 1 complaint entitled John F. Hancock, Trustee, et al . vs. Paul 2 I. Nelson, et al, Contra Costa County Superior Court Case 3 No. C97-00895, whereby the adjacent landowners are seeking 4 to have the title to claimants' land quieted in their own 5 names, as a result of the improvements built as allowed by 6 the County, and are seeking monetary damages from claimants 7 because of claimants ' assertion of title to this land. 8 Besides the monetary damages previously claimed, claimants 9 are demanding indemnity for all attorney fees, costs and 10 damages incurred as a result of this lawsuit . 11 The County' s actions have resulted in the construction 12 of numerous improvements over most of claimants ' lands, 13 resulting in the obstruction of the navigable waters over 14 15 said land, constituting an ongoing nuisance. Claimants have suffered severe emotional distress upon 16 17 learning, and because, of the County' s actions in participating in the destruction and taking of their lands . 18 6 . The names of the public employees causing claimants ' 19 20 injuries are unknown at this time . 7 . Jurisdiction over the claim would rest in the Contra 21 22 Costa County Superior Court or in the District Court for the Northern District of California. 23 24 Dated: August 26, 1997 . 25 J. CHAUNCEY Hk9FES Attorney for laima s 26 27 28 4 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 23, 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: $10,000 + Section 913 and 915.4. Please note all 4V� CLAIMANT: Thomas Scott McIntyre SEP — 9 1997 ATTORNEY: Steven 0. Teal, Esq. C0UNTy COUNSEL Teal & Montgomery Date received MARTINEZCAUr-. ADDRESS: 815 Fifth St. , Suite 200 BY DELIVERY TO CLERK ON September 8, 1997 Santa Rosa, CA 95404 BY MAIL POSTMARKED: September 5, 1997 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. September 9 1997 PeHHIL BATCHELOR, Clerk DATED: p 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: Dated: //y/f 7 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( 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: HIL BATCHELOR, Clerk, By Jlu flk 4CLA J1A'd Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six- (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional 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: — S — ( 9 7 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator t f r r This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal 'consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. t 1 TEAL & MONTGOMERY STEVEN O. TEAL, ESQ. [State Bar No. 58454] 2 815 Fifth Street, Suite 200 Santa Rosa, CA 95404 3 Telephone: (707) 525-1212 4 Facsimile: (707) 544-1388 RECEIVE® P. Attorneys for Claimant 5 SFP 81 6 y CLERK BOARD OF SUPERVISORS 7 CONTRA COSTA CO. 8 9 10 11 In the Matter of the Claim of CLAIM AGAINST PUBLIC ENTITY 12 THOMAS SCOTT MCINTYRE, [Govt. Code § 9101 13 Claimant, 14 V. 15 MERRITHEW MEMORIAL HOSPITAL, 16 COUNTY OF CONTRA COSTA, 17 Public Entity. 18 19 THOMAS SCOTT McINTYRE, by and through his attorney, STEVEN O. TEAL, 20 hereby presents this claim to the MERRITHEW MEMORIAL HOSPITAL, COUNTY OF 21 CONTRA COSTA, pursuant to Section 910 of the California Government Code. 22 1. The name and post office address of the claimant is as follows: 23 THOMAS SCOTT McINTYRE Lichtenstein Strasser 23/1 A 24 Vienna, Austria A1090 25 2. The post office address to which claimant desires notice of this claim to be sent 26 is as follows: 27 28 1 ( Timk / 1 STEVEN O. TEAL, ESQ. TEAL & MONTGOMERY 2 815 Fifth St., Suite 200 Santa Rosa, CA 95404 3 3. On or about September 11, 1994, claimant sought treatment at MERRITHEW 4 MEMORIAL HOSPITAL for a reattachment surgery of a tendon in his left arm and/or shoulder. 5 Claimant had previously injured his left arm and/or shoulder when lifting several heavy objects. 6 Claimant underwent reattachment surgery. The surgeon was DR. JASON APPELL, M.D. 7 During the surgery, Dr. Appell incorrectly reattached the tendon to the wrong arm bone. As 8 a result of the negligent surgery, Claimant lost most of the use of his left arm and shoulder, as 9 well as being unable to rotate his arm properly. Claimant underwent a second surgery in or 10 around July 21, 1997, wherein the left arm tendon was reattached to the proper arm bone. As 11 a result, Claimant required hospitalization and suffered injuries and expense. 12 4. Claimant did not discover the cause of his injury until the second surgery in or 13 around July 21, 1997. 14 5. The amount of Claimant's damages are unknown at this time. The amount of 15 Claimant's damages are within the jurisdictional limit of the Superior Court of the State of 16 California. 17 6. The name of the public employees causing the injury, damage and loss are JASON 18 APPELL, M.D., and DOES ONE through TEN. The employment status of DR. JASON 19 APPELL, M.D. with MERRITHEW MEMORIAL HOSPITAL and with THE COUNTY OF 20 CONTRA COSTA is presently unknown. Out of an abundance of caution, this Claim is being 21 presented against the public entity. 22 23 24 25 26 27 28 2 1 7. The true names and capacities, whether individual, corporate, associate, or 2 otherwise, of the public employee or employees named herein as DOES ONE through TEN who 3 caused injury and damage are unknown to claimant at this time; claimant will amend this Claim 4 to show their true names and capacities when the same have been ascertained. 5 Dated: September 5, 1997. 6 TEAL & MONTGOMERY 7 8 By: STE E.T O. TE_ L 9 Att ne for Claim 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 I PROOF OF SERVICE BY MAIL 2 I am a citizen of the United States and a resident of the County of Marin. I am over the 3 age of 18 years and not a party to the within action; my business address is 4 815 Fifth Street, Suite #200, Santa Rosa, California 95404. On the date as executed below I 5 served the attached CLAIM AGAINST PUBLIC ENTITY (Govt. Code § 910) on the 6 interested party in said action, by placing a true copy thereof enclosed in a sealed envelope for 7 collection and mailing on the date and place shown below, following our ordinary business 8 practices. I am readily familiar with this business' practice for collecting and processing 9 correspondence for mailing. On the same day that correspondence is placed for collection and 10 mailing, it is deposited in the ordinary course of business with the United States Postal Service 11 in a sealed envelope with postage fully prepaid. 12 Clerk of the Board of Supervisors Public Entity 651 Pine Street 13 Martinez, CA 94553 14 15 I declare under penalty of perjury under the laws of the State of California that the 16 foregoing is true and correct. Executed on September 1997 at Santa Rosa, California. 17 18 4 19 'SHARON RENZO 20 21 22 23 24 25 26 27 28 4 "- yff`i+�tk'i 7,)01 s ••� ��L�'f P bf.�J'. tom, N '17 #.l'� y}P`e4. h�i.'R�.�4k. f� 9�� k��} � a�^f� il'•'��; {�. cn Mi -�� .x��+.�5 r•'��' ,d"'xg`'x„` � Q �4SS" "'^ �;,'��, n t'{��f z°�..�s'rd` Fw�. t"F'v ��• s > x GO �C3 W V.. :^i . b• E r P x . o Ir flJ z x c EFr u; (D _ CD �u� = i Fz rn ,'a. r r1 h Mfs+C r .� CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 23, 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 "War CIE 1177%) CLAIMANT: Golden Eagle Insurance Company Claim # 2-97-4150 AUG 2 9 X997 ATTORNEY: DMC Concrete (Their Client) COUNTY COUNSEL Mary K. Schmitt(Claims Examiner) Date received MARTINEZ CALIF. ADDRESS: P.O. Box 85826 BY DELIVERY TO CLERK ON August 27, 1997 San Diego, CA 92186-5826 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. August 29 1997 ppNNI.I BATCHELOR, Clerk DATED: eputy A A it-i CAP J JeA II. FROM: County Counsel TO: Clerk of the Board of Supervisors (\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: �lGJ 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 (`I ) 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: 4-a3 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:—(R - P,.5 — I q,q BY: PHIL BATCHELOR by Deputy Clerk 07 CC: County Counsel County Administrator r ' This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. a9�-y�so ro 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. 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 GOLDEN EAGLE INSURANCE COMPANY FOR) _.. _ RECEIIE DMC CONCRETE ) - y " Against the County of Contra Costa ) AUG 2 7 1997 or District) CLERK BOARD OF SUPERVISORS Fill in name - ) I CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ UNKNOWN and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) ------ 513 97 6_00 AM -------- 2. Where did the damage or injury occur? (Include city and county) --------- HWY 4 z $YRON=-CA---------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) ----------AUTO ACCIDENT-- POLICE�EgQg �Q,�RF.('RTVRn VRT ------------------_-_____ 4. What particular act or omission on the part of county or district officers, servants or .employees caused• the injury or damage? DANGEROUS ROAD CONDITIONS MAY HAVE CAUSED OR CONTRIBUTED TO ACCIDENT. .. (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? UNKNOWN -_ ROAD COMMISSION, ETC. ------------------------------------------------------------------------- --------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates .for auto damage. DUARTE NURSERY - PROPERTY DAMAGE TO VEHICLE, UNDETERMINED,.: bEL INJURY TO EVARISTO AGUILAR AND FATALITY OF AURELIANO VIVERO, FRANCISCO MENDOZA, JORGE BA.SWUL ANI ----GILARDO 7. How was the amount claimed above computed? (Include the estimated amount of any COUTINO prospective injury or damage.) VALUE OF CLAIMS NOT YET ASCERTAINED. $. Names and addresses of witnesses, doctors and hospitals. UNKNOWN - ----------------------- ---------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 0 TO DATE Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some 2erson on. his behalf." Name and Address of Attorney Ciant's Signature GOLD N E NSTIRANC COMP Y P.O. BOX 858.26 Address SAN DIEGO CA 9218675826 Telephone No. Telephone No. (619) 287-6773, EXT 2288 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. Julie Aumock 160 00, (IN COT-�-;;ERVATION) AUG 2 71997 GOLDEN EAGLE INSURANCE COMPANY 4346 54th Street • San Diego,California 92115-5335 * (619)287-6773 Mailing Address: P.O. Box 85826 • San Diego,California 92186-5826 FAX:(619)287-2395 August 20, 1997 CONTRA COSTA COUNTY RISK MANAGEMENT LIABILITY CLAIMS 651 PINE STREET 6TH FLOOR MARTINEZ CA 94553 RE: Our Insured DMC Concrete Claimants Evaristo Acuilar, Duarte Nursery,, Aureliano Vivero, Francisco Mendoza, Jorge Basaul and Gilardo Coutino Date of Loss 5/13/97 Our Claim No. 2-97-4150 To whom it may concern: This letter is to place the County of Contra Costa on notice of a claim which occurred on Hwy 4 in the City of Byron in the County of Contra Costa. Enclosed find the completed form which was forwarded by your office. As our investigation to date indicates that there may be a dangerous condition on this road, we are placing you on notice at this time. If you have any questions or wish to discuss this matter, you may contact me at the above referenced phone number, ext . 2288 . Sincerely, GOLDEN EAGLE INSURANCE COMPANY Mary K. Schmitt Claims Examiner MKS :ta Enclosure r I 4r4 o «Q' Q N a A4 i I 1 d o : 4 o � C' d o w ' 1k' ` C CLAIM C , BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 23, 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 &uervisors (Paragraph IV below), given pursuant to Gov( 111V 11m) Amount: Unknown Section 913 and 915.4. Please note all "Warnings". SEP - 5 1997 CLAIMANT: Virgil James Crosley COUNTY COUNSEL ATTORNEY: James J. Fishel MARTINEZ CALIF. Fishel and Fishel Date received ADDRESS: 110 Blue Ridge Drive BY DELIVERY TO CLERK ON SentPmbpr 5, 1997 Suite 1 Martinez, CA 94553 BY MAIL POSTMARKED: UUd DP1ivert-d I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QQHH gg DATED: September 5, 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 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: C �,l�f'Y'rDeputy 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: g-a 3 —\991 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: g- �S— �9�7 BY: PHIL BATCHELOR by Q-, nnx -cJ Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. r F''ISHEL & FISHEL ATTORNEYS AT LAW JAMES J.nSHEL SuzYN E.DSHEL September 4, 1997 ORIGINALS DELIVERED TO ALL LISTED ENTITIES ECEf%551997 Risk Management Division (via Federal Express) SEP County of San Bernardino, State of California �Rk OARDo222 W. Hospitality Lane, Third Floor COMA C San Bernadino, CA. 92415-0016 San Bernadino County Sheriff Department (via Federal Express) 655 East 3rd Street San Bernadino, California 92415 Contra Costa County Board of Supervisors (Via Hand Delivery) 651 Pine Street Martinez, California 94553 Contra Costa County Sheriff Department (Via Hand Delivery) 1980 Muir Road Martinez, California 94553 Re: Notice of Claim Against Sheriffs Departments of San Bernadino and Contra Costa County and Counties of San Bernadino and Contra Costa County pursuant to Government Code § 911 - Claim is hereby made against the above indicated entities as follows: The amount claimed is in excess of$25,000.00 and the jurisdiction for the claim is proper and appropriate in both the Superior Court for the State of California and/or the United States District Court. Page 1 E:wCLIENTSICNILICROSLMEMANO.SAM 110 BLUE RmGE DRIVE,SuITE I, MARTnvEz,CALIFORNIA 94553 PxoNE-(510)935-2021 FAx (510)935-8484 FISHEL & FISHEL ATTORNEYS AT LAW �. RECEIVED : rtW - 51997 September 4, 1997 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Claimant makes the following statements in support of the claim: Name of claimant: VIRGIL JAMES CROSLEY Phone: 510-684-9675 Address of claimant: 4610 Gateway Road Bethel Island, California 94511 NAME AND ADDRESS OF PERSON-To WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT: JAMES J. FISHEL FISHEL AND FISHEL 110 BLUE RIDGE DRIVE SUITE MARTINEZ, CALIFORNIA 94553 510-935-2021 Circumstances giving rise to claim are as follows: While visiting an inmate in the West County Detention Facility the claimant was falsely arrested and detained for an extended period of time. Claimant was handcuffed in front of at least 25 people including close friends and family members. Claimant was transported to the Martinez Detention Center. At the Martinez Detention Center, Claimant was detained and fingerprinted and photographed. Claimant attempted to advise the Sheriffs of their error, but they persisted in the course of conduct designed to harass, humiliate and embarrass:claimant.. Claimant was detained fora substantial period even after all involved public employees knew that there was no basis to detain Claimant. Page 2 E:WCLIENTS\CNIL�CROSLEYDEMAND.SAM FISHEL & FISHEL ATTORNEYS AT LAW September 4, 1997 Date, Time and Place where inaury and damage occurred and nature thereof: WEST COUNTY DETENTION FACILITY; 5555 GIANT HIGHWAY, RICHMOND, CALIFORNIA 94806; Injury occurred on 3-9-97 commencing at about 1 P.M. until Claimant's ultimate release from custody at about 10 p.m. Public 1ropejU and/or public officers or employees causing injsy. damage or Joy Lehr, Warrant Supervisor, San Bernardino County Sheriff; Sgt. Mark Weikel, Warrant Supervisor, additional public employees may be involved.but Claimant does, not presently have knowledge of their names and capacities. Name. address and telephone number of witnesses: Not required by Government Code Section 910. General description of the loss, injury or damage suffered:. False Arrest False Imprisonment Battery Assault Violation of Federal and State Civil Rights Statutes (USCA § 1983) THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: Damages incurred to date include: General Damages, Statutory Damages, Punitive damages and Exemplary Damages. Page 3 E:WCLIENTS\CNIL�CROSLEYDEMAND.SAM 4 1 • ' FIS-HEL & FISHEL ATTORNEYS AT LAW September4, 1997 IMe, the undersigned, declare under penalty of perjury that IMe have read the forgoing claim for damages and know the contents thereof, that the same is true of my/ our own knowledge and belief, save and except as to those matters wherein stated on information and belief, and as to them, I/we believe it to be true. DATED: ' Q 7 Claimant' Signature Page'4 ewcuErrr=ML\CROSLEwEuwo.SAM