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Home My WebLink AboutMINUTES - 07281998 - C27 A7 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA BOARD ACTION Application to File Lata Claim ) NOTICE TO APPLICANT JULY 28' 1998 acumen Against the County, Routing The copy of this mai a to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References areto ) the Hoard of Supervisors (Paragraph III, below), California Government Cade.) } given pursuant to Government Cade Sections 911.8 and 915.4. Please note the wWARN'M* below. Claimant: BILLY MICHAEL ROGERS 7 i7mlawlZID Attorneys J U L - 2 1988 Address: 501 WEST TENTH STREET COUNTY COUNSEL ANTIOCH CA 94509 MARTINEZ CALIF- Amounts Exceeds $10,000 By delivery to Clerk on pate Received: July 1, 1998 By mail, 'postmarked on w jj _10. 1998 I. s Eferk of the Hoard of Supervisors TO: County Counsel Attached is a copy of the above noted Applicatio File Claim� DATED: June 2, 1998 PHIL BATCHELOR, Clerk, By II. M: County Counsel TO: Clerk of the RWd of Supervisors (' The 'Herd should grant this Application to File Late Claim (Section 911.6). ( } The Board should deny this Application to File Late Claim (Section 911.6). DATED: 7 '�� VICTOR WE TMAN, County Counsel, �� `��- � Deputy 111. MAN 60ER By unan mous vote o Supervisors present (Check one only) This Application is granted (Section 911.6). ( ) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Hoard's Order entered in its notes for this date. DATE ,' . 9 PHIL BATCHELOR, Cleric, By. Deputy WARNM (Gov. Codec $911.8) If you wish to file a court action an this mutter, ym must first petition the appropriate court for an order relieving you from the provisions of Government Carie Section 945.4 (claims presentation zwILdrement). See Goverment Code Section 946.6. Such petition moat be filed' with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of 7our choice in connection with this matter. If M want to consult an at should do so imeediatel . V. s Clerko the s County Counsel (2) County s ra cr Attached are copies of the above Application. we notifed the applicant of the Board's action on this Application by mailing a copy of this document, and, a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATEDsZ JMM BAZMMOR, Clerk, fi y V. FROM: 1 County Counsel 2 County A! nistrator TOs Clerk of the Boar of Supervisors Received copies of this Application and Hoard Order. DATED: County Counsel, By County Administrator, By APPLICATION TC FILE LATE CLAIM CI AIM WMD AGM July 21?, 1998 Claim Against the County, or District Governed by } 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 California Government Codes. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below}, given pursuant to Government Code Section 913 and R1E(r,1E11-Z7q0 915.4. Please note all "Warnings". AMOUNT: $50,000 JUN 3 0 1988 CLAIMANT: Anthony Albert Pearson. COUNTY COUNSEL MARTINEZ CALIF. ATTORNEY: Craig S. Marks DATE RECEIVED: ADDRESS: 45 Hunter Square Plaza BY DELIVERY TO CLERK ON: June 30, 1998 Stockton CA 95202 BY MAIL POSTMARKED: L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claire. PHIL BATCHELOR, C k Dated: June 30, 1998 By: Deputy IL 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 preseat a late claim (Section 911.3). { ) Other: Dated: By: �t - ,`-A . ��`" Deputy County Counsel M. FROIYL 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 ORDM- By unanimous vote of the Supervisors present: This Claim is rejected in full. ( } Other: I certify t t this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 9 PHIL BATCHELOR, Clerk, By eputy 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 claire. 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 MAH.JIG 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 ep died copy of this Board Order and Notice to Claimant addressed to the claimant as shown above. Date — ,� y: PHIL BATCHELOR B !a f. Clerk CC: County Counsel County Administrator C 9-7 Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA CDUNTY 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 tahich acerae 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, 1983, 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 §91.1.2.) 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. U. 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 0✓tLhe `- FRECEIVED Against the County of Contra Costaor &S *District) CLCRK qAm)777 ;; f CON't r -Vill n name The undersigned claimant hereby makes claim against the County of 'Contra Costa or the above-named District in the sum of $ ,J"Q_ Q -(50 and in support of this claim represents as follows. 1. When slid the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) 3. Hoer 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's '1rl A� (over) ............ . _ .......... _ 5. what are the names of county or district officers, servants or employees causing the damage or injury? Pe4t, 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 17 ar 7. How was the amount c1 imed above computed? (Include the estimated amount of any prospective injury or damage.) _....____--___-_...._..___...�.�.......,...__....._._.._..._.__� 8. Names and addresses of witnesses, doctors and hospitals. /,as; .fir' /cO/n account ��: 9. List the expenditures you made on a cca of this accident or inj DATE ITEM AMOUNT Gov. Code Sec. 910;2 provides; "The claim must be signed by the claimant SEND NOTICES T0: (Attorney) orRgpson . his. f." Name and Address of Attorney / 00e . aimant's signature Telephone No.(20�) / Telephone No. � * * �t * * � ` NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if .genuine, any false or, fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county Jail�for a period of not more than one year, by a fine of not exceeding one thousand ($11000)9 or by both such imprisonment and fine;-`or by imprisonment in the state prison, by a fine of not exceeding ten thousand .dollars ($109000, or by. both such imprisonment and fine. ........... ............... DAMAGE REPORT PEARSON 01/20/98 at 15 :45 D.R. 47086-0000084 AG54268R Est : Not On File. MIRACLE AUTO PAINTING & BODY REPAIR YOUR COMPLETE PAINT & COLLISION AUTOSHOP 1251 E.BIANCHI RD. STOCKTON, CA 95210-3504 (209) 4743372 Owner: ANTHONY PEARSON Day Phone: (209) 957-6983- Address: P.O. BOX 8022 Other Ph: ( - - STKN CA 95208 Deductible: $ N/A Insurance Co. : Phone. Claim No. : Adj . : 96 DODG STRATUS 4D SED WINE MET 4-2 .4L-FI Vin: 1B3EJ46X7TN182271 License: 3NQW425 CA Prod Date: 0/ 0 Odometer: 0 Power steering Power brakes Tinted glass Body side moldings Dual mirrors Air conditioning Rear defogger Tilt wheel Driver airbag Passenger airbag Cloth seats Bucket seats Recline/lounge seats Clear coat paint Metallic paint -------------------------------------------------------------------------------- PART NO. OP. DESCRIPTION OF DAMAGE QTY COST LABOR PAINT MISC -------------------------------------------------------------------------------- 1 REAR BUMPER 2 O/H Rear Bumper 1 0 . 00 1.5 0 . 0 3** Repl REC Bumper cover 1 0 . 00 Incl 2 . 5 T---3-08-,0-0 4 Add for Clear Coat 1 0 . 00 0 . 0 1 . 0 5** Repl A/M Reinforcement 1 0 . 00 Incl 0 . 0 T_,9_7,DQ� 6* COVER CAR FOR OVERSPRAY 1 0 . 00 0 . 0 x 5 . 00 7* TINT & BLEND 1 0 . 00 1.0 0 . 0 x 0 . 00 8* HAZARDOUS WASTE REMOVAL 1 3 , 00 0 . 0 0 . 0 9* Repl INSPECT HEATER CONTROL LAMP 1 0 . 00 -----l--O 0 . 0 -------------------------------------------------------------------------------- Subtotals 3 . 00 3 . 7 3 . 5 370 . 00 Page: 1 DAMAGE REPORT PEARSON 01/20/98 at 15 .45 D.R. 47086-0000084 AGS4268R Est . Not On File. MIRACLE AUTO PAINTING & BODY REPAIR YOUR COMPLETE PAINT & COLLISION AUTOSHOP 1251 E.BIANCHI RD. STOCKTON, CA 95210-3504 (209) 474-3372 Parts 3 . 00 Body Labor 3 .7 units @ $42 . 00 155 . 40 Paint Labor 3 .5 units @ $42 . 00 1:47 . 00 Paint/Materials 3 .5 units @ $22 . 00 77 . 00 Sublet/Mist 370. 00 -------------------------------------------- SUBTOTAL $ 752 .40 Tax on $ 445 . 00 at 7 .7500k 34 . 49 -------------------------------------------- GRAND TOTAL $ 786.89 ------------------------'-------------------- INSURANCE PAYS $ 786 . 89 THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. ANY WARRANTIES APPLICABLE TO THESE REPLACEMENT PARTS ARE PROVIDED BY THE MANUFACTURER OR DISTRIBUTOR OF THE PARTS, RATHER THAN BY THE ORIGINAL MANUFACTURER OF YOUR VEHICLE. Estimate based on MOTOR CRASH ESTIMATING GUIDE. Nan-asterisk(*) items are derived from the Guide DR3PM95. Database Date 11/97 Double asterisk(**) items indicate part supplied by a supplier other than the original equipment manufacturer. CAPA items have been certified for fit and finish by the certified Auto Parts Association. EZEst - A product of CCC Information Services Inc. Page: 2 _ ......... ......... ......_.. ................................................................................................... #. ... (�Q STATE OF CALM-MN'A ii i i / 'T'RAFF'IC COLLISION REPORT PAGE SPECIAL CONDITIONS NO INJ H&R FEL CITY JUDICIAL DISTRICT NUMBER 1 {] UNINCOR:; ATED DELTA ""t NO KILL H&R MISD COUNTY DIST BEAT ) - 17 t 0 CONTRA COSTA 405 C-Stars: 07WL8121 COLLISION OCCURRED ON: MO DAY YEAR TIME(240 NCIC/ OFFICER I.D. `0 S .R . 4 01102198 1515 9320 010245 C A MILEPOST INFORMATION: DAY OF WEEK TOW AWAY PHOTOGRAPHS BY: T N/A mile (s) of MP FRIDAY C]YES in NO N E 1 AT INTERSECTION WITH: STATE HWY REL IDq OR: 168 feet E of VINTAGE PARKWAY Dq YES f I NO 04 NONE PARTY DRIVER'S LICENSE NUMBERSCLASS SAFETY VEH YR MAKE/MODELICOLOR LICENSE NUMBER STATE 1 00884368 icVB G 93GMC.SAFARI .WHITE. . . . E 294371 CA DRIVER NAME(FIRST,MIDDLE,LAST) {Kj PETER ANTHONY NEEF PEDES- STREET ADDRESS OWNER'S NAME {] SAME AS DRIVER TRrf 305 KINGSTON AVENUE CONTRA COSTA COUNTY # 5849 PARKED CTTY/STATEIZIP OWNER'S ADDRESS [] SAME AS DRIVER ,n t MARTINEZ CA 94553 I$ol SHELL AVENI E, MARTINEZ, CA 94553 BICY- SEX HAIR I EYES I HEIGHT WEIGHT I BIRTHDATE RACE DISPO OF VEHICLE ON ORDERS OF: {] OFFICER P] DRIVER {]OTHER CLfj M 113LN GRN 5-10 1991 111091,63 DRIVEN OTHER HOME{] PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT Ig REFER TO NARRATIVE[]i 510 372 2-7 9 4 4 l 510) 646-4800 CHP USE ONLY EDFSCNIIIIIE VEHICLE DAMAGE SHADE IN DAMAGED AREA VEHICLE TYPE INSURANCE CARRIER POLICY NUMBER ( NONEMINOR CONTRA COS'T'A COUNTY 01 .{ MAJOR {]TOTAL w DIR TRY ON STREET OR HIGHWAY PD LMT PCF W S.R. 4 35 22350 PARTY DRIVER'S LICENSE NUMBER STATE I CLASS SAFETY VEH YR MAKFJMODELICOLOR LICENSE NUMBER STATE 2 B7854095 CA C G 96 _ DODGE STRATUS MAROON 3NQW425 . .CA DRIVER N6ME(FIRST MIDDLE,LAST) Pq ANTHONY ALBERT PEARSON PEDES- STREET ADDRESS OWNER'S NAME j] SAME AS DRIVER TRf 1619 BRIDGE PATH PL. PARKED CiTYISTATEMP OWNER'S ADDRESS P] SAME AS DRIVER VTT Lf STOCKTON CA 95210 BICY- SEX HAIR EYES I HEIGHT I WEIGHT BIRTHDATE RACE DISPO OF VEHICLE ON ORDERS OF: ] OFFICER jq DRIVER {]OTHER CLfj M BLKIBRN15-0911551 10125167 DRIVEN OTHER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT Iq REFER TO NARRATIVE{] {] (2 0 9) 957-6983 1 2 0 9) 943-0854 CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER VEHICLE TYPE {]UNK {]NONE ]MINOR EXPLORER INS. CO. UNKNOWN 01 {]MOD.{]MAJOR ]TOTAL ` DIP.TRV ON STREET OR HIGHWAY T35 MT PCF W S.R. 4 PARTY DRIVER'S LICENSE NUMBER STATE CLASS SAFETY VEH YR MAKE/MODELlCOLOR LICENSE NUMBER STATE 3 . . . . . . . . . . . . . . . . . . . DRIVER NAME(FIRST,MIDDLE,LAST) PEDES- STREET ADDRESS OWNER'S NAME ] SAME AS DRIVER TR ff PARKED CITY/STATE/ZIP OWNER'S ADDRESS {] SAME AS DRIVER VErfL BICY- SEXHAIR EYES HEIGHT WEIGHT BIRTHDATE RACE DISPO OF VEHICLE ON ORDERS OF: {] OFFICER {] DRIVER {]OTHER CLES'i OTHER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT C] REFER TO NARRATIVE{] C ] CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER' VEHICLE TYPE HUN UNK []NONE []MINOR {]MOD.{]MAJOR {]TOTAL DER TRV ON STREET OR HIGHWAY PD LMT PCF E:::Zk PREPARER'S NAME DISPATCH NOTIFIED REVIEWER'SI ITE R EEIy� HARTLEY M 010245 jjYes VQNo NIA MILT af�I STATE OF:CA LIFORWA TR"RC COLLISION CODING " � PACE �' OF DATE OF ORIGINAL INCIDENT ITIME(2400) NCIC NUMBER OFFICER I.D. NUMBER 01 - 02 - 98 1515 9320 010245 107WL8121 OWNERS NAME/ADDRESS NOTIFIED PROPERTY DESCRIPTION OF DAMAGE DAMAGE SEATING POSITION OCCUPANTS MIC RECYCLE-HELMET SAFETY EQUIPMENT EJECTED FROM VEH I- DRIVER A-NONE IN VEHICLE L-AIR BAG DEPLOYED 0-NOT EJECTED 2 w 6-PASSENGERS B-UNKNOWN M-AIR BAG NOT DEPLOYED DRIVER i-FULLY EJECTED 7-STA.WGN.REAR C-LAP BELT USED N-OTHER V,NO 2-PARTIALLY EJECTED 1 2 3 8-RR.OCC.TRK.OR VAN D-LAP BELT NOT USED P-NOT REQUIRED W-YES 3-UNKNOWN 4-POSITION UNKNOWN E-SHOULDER HARNESS USED 4 5 6 0.OTHER F-SHOULDER HARNESS NOT USED CHILD RESTRAINT PASSENGER G-LAPISHOULDER HARNESS USED Q-IN VEHICLE USED X-NO 7 H-LAP/SHOULDER HARNESS NOT USED R-IN VEHICLE NOT USED Y-YES J'PASSIVE RESTRAINT USED S-IN VEHICLE USE UNKNOWN K-PASSIVE RESCRAJNT NOT USED T-IN VEHICLE IMPROPER USE U-NONE IN VEHICLE ITEMS MARKED BELOW WHICH ARE FOLLOWED BY AN ASTERISK *)SHOULD BE EXPLAINED IN THE NARRATIVE PRIMARY COLLISION FACTOR MOVEMENT PRECEDING LIST NUMBER M OF PARTY AT FAULT TRAFFIC CONTROL DEVICES11112] 3 1 TYPE OF VEIHCLE Fl 2 3 1 COLLISION A VC SECTION VIOLATED: CITED X A CONTROLS FUNCTIONING I JA PASSENGER CAR/STN.WGN. A STOPPED 1 22350 NO B CONTROLS NOT FUNCTIONING* B PASSENGER CAR W/TRAILER X X B PROCEEDING STRAIGHT B OTHER IMPROPER DRIVING* C CONTROLS OBSCURED C MOTORCYCLE/SCOOTER C RAN OFF ROAD C OTHER THAN DRIVER* D NO CONTROLS PRESENTIFACTOR D PICKUP OR PANEL TRUCK D MAKING RIGHT TURN D UNKNOWN* TYPE OF COLLISION E PICKUP/PANEL TRK.W/TLR. E MAKING LEFT TURN E FELL ASLEEP* A HEAD-ON F TRUCK OR TRUCK TRACTOR F MAKING U TURN WEATHER(MARK I TO Z ITEMS) 8 SIDESWIPE G TRK.CTRK.TRACTOR W/TLR, G BACKING A CLEAR X C REAR END H SCHOOL BUS H SLOWING/STOPPING X B CLOUDY D BROADSIDE 1 OTHER BUS I PASSING OTHER VEHICLE C R-MNING E HIT OBJECT J EMERGENCY VEHICLE J CHANGING LANES D SNOWING F OVERTURNED K HWY.CONST.EQUIPMENT K PARKING MANEUVER E FOG/VISIBILITY: G VEHICLE/PEDESTRIAN L BICYCLE L ENTERING TRAFFIC F OTHER*: H OTHER*: M OTHER VEHICLE M OTHER UNSAFE TURNING G WIND MOTOR VEHICLE INVOLVED WITH N PEDESTRIAN N XING INTO OPPOSING LANE LIGWMG A NON-COLLISION O MOPED O PARKED A DAYLIGHT B PEDESTRIAN P MERGING B DUSK-DAWN X C OTHER MOTOR VEHICLE2 MARK IASSITT02ITEMS�OR Q TRAVELING WRONG WAY C DARK-STREET LIGHTS D MOTOR VEH ON OTHER ROADWAY A VC SECTION VIOLATION:CITE R OTHER*: D DARK-NO STREET LIGHTS E PARKED MOTOR VEHICLE E DARK-STREET LIGHTS NOT FUNCTION F TRAIN B VC SECTION VMATION:CITE ROADWAY SURFACE G BICYCLE SOBRIETY-DRUG A DRY H ANIMAL: C VC SECTION VIOLATION:CITE 111213 (MARK 11 TO EAITEMS) X B WET A HAD NOT BEEN DRINKING C SNOWY-ICY I FIXED OBJECT: E VIS.OBSCURED: B HBD-UNDER INFLUENCE D SLIPPERY MUDDY.OILY,ETC. F INATTENTION* C HBD-NOT UNDER INFLUENCE ROADWAY CONDITIONS J OTHER OBJECT: G SCOP&GO TRAFFIC D HBD-IMPAIRMENT UNK.* MARK I TO Z ITEMS PEDESTRIAN'S ACTIONS H ENTERING/LEAVING RAMP E UNDER DRUG INFLUENCE* A HOLES.DEEP RUTS* X A NO PEDESTRIAN INVOLVED I PREVIOUS COLLISION F IMPAIRMENT-PHYSICAL* B LOOSE MATERIAL ON RDWY* B CROSSING IN XWALKANTERSECTION J UNFAMILIAR WITH ROAD G IMPAIRMENT NOT KNOWN C OBSTRUCTION ON ROADWAY* C CROSSING IN XWALK NOT AT K DEFECTIVE VEH.EQUIP.:CITE H NOT APPLICABLE INTERSECTION D CONSTRUCTION-REPAIR ZONE I I SLEEPY/FATIGUED E REDUCED ROADWAY WIDTH D CROSSING NOT IN CROSSWALK L UNINVOLVED VEHICLE SPECIAL INFORMATION F FLOODED` E IN ROAD-INCLUDES SHOULDER MOTHER A HAZARDOUS MATERIAL G OTHER F NOT INROAD ix X N NONE APPARENT 8 SEATBELT FAILURE X H NO UNUSUAL CONDITIONS G APPROACHING/LEAVING SCHOOL BUS O RUNAWAY VEHICLE SKETCH MISCELLA US ................... ....... ...I..........I................ ................ ..... ... ........... .............................. ,STATE OF CALIFORNIA lN"ED/WffNESSES/PASSENGERS-. PAGE DATE Of COLLISION. . TIME440 -7NCICNUMBER OFFICER LD. NUMBER 01 - 02 - 98 15 15 9320 . 010245 07WL8121 WITNESS PASSENGER AGE SEX EXTENT OF INJURY CX' ONE) INJURED WAS CX' ONE) I PARTY SEAT SAFETY EJECTED ONLY ONLY FATAL SEVERE OTHER VISIBLE COMPLAINTNUM'ER Pos. EQUIP. INJURY INJURY INJURY OF PAIN DRIVER PASS. PFD. BIKE OTHER I 30 M x I X 2 1 G 0 NAME/D.O.S./ADDRESS TELEPHONE ANTHONY ALBERT PEARSON 10-25-67 H-1619 BRIDGE PATH PL. , STOCKTON, CA, 95210 (209) 957-6983 (209) 943-0854 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: SEEK OWN AID DESCRIBE INJURIES.- COMPLAINT OF PAIN IN THE NECK VICTIM OF VIOLENT CRIME NOTIFIED NAME/D.O.S./ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OFVIOLENT CRIME NOTIFIED NAME/D.O.B./ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO; DESCRIBE INJURIES: f I VICTIM OF VIOLENT CRIME NOTIFIED I I -T- NAME/D.O.B./ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED NAME/D.O.B.IADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: vicTim OF VIOLENT CRIME NOTIFIED ,PREPARER'S NAME 1.0 NUMBER MO. DAY YR. REVIEWER'S NAME MO. DAY YR. HARTLEY, M 010245 1 01-02-981 STATE OF CALIFORNIA NAEBAIDW10=119HIALarm PAG> DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 01/02/98 1515 9320 0101245 07 WL8121 1 N W/B S.R. 4 EAST OF VINTAGE PARKWAY #2 LANE POINT 4F IMPACT -----------------------------------/----------------- #1 LANE V-2 4 V-1 \-- ----- ---\-- -------------------------------------- E/B LANES SKETCH (Not To Scale) PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M HARTLEY 010245 01/02/98 ...-...I...............................I....I............I..,...........................................I............................... .................................................................... ...................... .......... .... . STATE OF CALIFORNIA UEPLEMENIALEAQE DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 01/02/98 1515 9320 010245 07WL8121 W/B S.R. 4 EAST OF VINTAGE PARKWAY 7FT #2 LANE11 1 FT <--------------------------------------- ------------ z < 0 #1 LANE 12FT CO ------ ------- 18FT wJ# r------------------------------------ E/B LANES 00 Factual Diagram (Not To Scale) PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M HARTLEY 010245 01/02/98 STATE OF CALIFORNIA NAREADYEIAMEELEMENIAL _2A ra F_ DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 01/02/98 1515 9320 010245 07WL8121 1 ]EAC Ste`. 2 3 N011FTCA11ON: I was dispatched to a call of a non-injury collision at 1530 4 hours. I responded from Antioch and arrived on scene at 1550 hours. All times, 5 speeds and measurements in this investigation are approximate. Measurements 6 were taken by rollmeter, except where otherwise indicated. 7 8 S • At the scene of this collision, S.R. 4 is a eastbound/westbound rural 9 roadway consisting of two lanes. The roadway is straight and level. The surface 10 is composed primarily of asphalt. See diagram. 11 12 P iF: 13 14 Party ## 1 Mefl was located at scene at 15 51. Party Neef was identified by a 15 valid California driver's license. Neef was placed as a party by the following 16 items: 17 18 - personal statements 19 - location 20 21 GMC Safaris yan, Driver# 1's vehicle, was located on its wheels in the center 22 turning lane where it had been moved by P-1. 23 24 Party* 2 (Pearson)on)was located at scene at 1551. Party Pearson was identified' 25 by a valid California driver's license. Pearson was placed as a party by the 26 following items: 27 28 - personal statements 29 - location 30 - injuries 31 - being registered owner 32 33 Dodge Stratus , Driver# 2's vehicle, was located on its wheels in the center 34 median where it had been moved by P-2. PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M HARTLEY 010245 01/02/98 .1.111... .. ......... ......... ......._. ........1.111 ......... _........ ......... ......... ..._.. .._.......... ........ ....... . _ .... ......... ....... ........ ...._.... ........... .......... STATE OF CALIFORNIA DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 01/02/98 1515 9320 010245 07WL8121 1 2 PHYSICAL EYIDEE 3 4 None. 5 6 STATEMENTS: 7 8 Pavy# 1 eefl related that he had been traveling W/B on S.R. 4 in the #I lane 9 when he observed traffic ahead of him. He said that he applied his brakes but was 10 unable to stop and slid into the car ahead of him. 11 12 Warty # 2 ears n) related that he was traveling WB S.R. 4i the #1 lane when 13 he came up on traffic stopped for the traffic light at Vintage Parkway. P-2 said 14 that the traffic began to move forward and he was just starting to move with it 15 when he got hit Brom behind. 16 17 18 OPINIONS AN CONCLUSIONS 19 20 SUMMARY: P-1 and P-2 were both traveling W/B S.R. 4 in the #1 lane. P-2 21 who was ahead of V-1 slowed down for traffic which was backed up from the 22 traffic light at Vintage Parkway. As P-2 slowed down for the traffic it began to 23 move forward on the green light. P-1 who was behind V-2 came up on V-2 and 24 realized too late that V-2 had slowed down. P-1 applied his brakes and as P-2 25 was beginning to move forward V-1 ran into the rear of V-2. 26 27 AREA OF IMPACT. Located 168 ft. East of Vintage Parkway in the #1 lane of 28 W/B S.R. 4. 29 Established by statements and the location of the vehicles. 30 31 CAUSE: P-1 primarily caused this accident by driving at an unsafe speed for the 32 prevailing roadway conditions in violation of 22350 V.C.. 33 34 PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M HARTLEY 010245 01/02/98 SLATE OF CALIFORNIA DATE OF INCIDENT TIME NCIC NUMBER OFFICER 1.13. NUMBER 01102/98 1515 9320 410245 07WL8121 1 ADDITIONAL INFO: P-I is required by DMV to wear corrective lenses whip 2 operating a motor vehicle in California. P-1 was not wearing glasses and said that 3 he was not wearing contact lenses. P-I said that he had eye surgery on both eyes 4 to correct his vision. P-I said that he does not need to wear corrective lenses 5 because of the eye surgery. P-I was instructed to contact DMV and take the eye 6 test again so the corrective lens restriction could be removed from his drivers 7 license. 8 9 RECOMMENDATION 10 11 None. PREPARER'S NAME I.D.NUMBER BATE REVIEWER'S NAME BATE M HARTLEY 010245 01/02/98 CLAIM OWD AM July 28, 1998 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this docent mailed to you is your California Government Codes. ! notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV belov4, given pursuant to Government Cotte Section 913 and J U L - 1 1998 915.4, Please note all " arnings". AMOUNT: $1015.37 COUNTY COUA"SEI. MASTINEZ CAt,IR CLAIMANT- Ann P. Milligan ATTORNEY; BATE RECEIVED: ADDRESS: 880 Meridian Bay Lane #309 BY DELIVERY TO CLERK.. ON; Foster City CA 94404 BY MAIL POSTMARKED: July 1, 1998 L FRONT: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: July 1, 1998 By: Deputy IL FRON1 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 sonotifying claimant. The Board cannot act for 15 days (Section 910.8). { } Claim is not timely fled. 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). -41 Other: . � f Dated; By: •' Deputy County Counsel JUL 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: 0< This Claim is rejected in full. /( ) Other: I certify t at this is a true and correct copy of the Board's Order en red in its minutes for this date. Dated.4: PHIL BATCHELOR, Clerk, By ty Clerk WARNING (Gov. code s ction 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. AF WAVIT OF N AILING 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, ad4ressed to the claimant as shown above. By: PHIL BATCHELOR Clerk CC: County Counsel County Administrator Clain to: SOMM OF SUPERVISORS O! CONTRA COSTA COUNTY G'•A�-7 XXBTRVrzT1 NSCLAIKANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the -100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops ,and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any ether cause, of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2.) S. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration fiilding, 551 Pune Street, Kartinoz, Ch 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. fragd. Sao penalty for fraudulent claims, Pena. Coda Sec. 72 at the and of this form. RE: Claim By Reserved for Clerk's filing stamp Against the County of Contra Costa} ' or } District) Uf (Fill in name) } The undersigned claimant h*r:by makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When: did the damage ar-injury occur? (Give exact date and hour) d4-u�f -7, M qK .- /J,�0 0 2/whore did the damage or injury occur? (Include city and county) �IC� Mot)dl �0-444)4qv C;-c!� 3. Now did the damage or jury occur? (Give full details; use extra paper if required) r 0 4. Whatart cular act or omission on the a county or district officers, servants or employees caused the injury or damage? 'E (over) ...................... ............................ .......... Ile M 0 A Mrr d"I' r) rl ............ .............. .............. ............................................... S. What are the names of county or district officers, servants or employees causing the damage or injury? r W 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ) �" t Mc"EL-1 1— --12014 /6 ,3 7 7. How was the amount claimed above computed? nclude the estimated amount of any prospective injury or damage. ) %.11.10-1 4 Aejcy'�S-J a. Names and addresses of witnesses, doctors and hospitals. A ��o ce e-,W 6 O's C? 9. List the expenditures you made on account of this, accident or injury. K COO-- Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his t «� Name and Address of Attorney ) ) r (C1 izant's Siq ure) Telephone No. } Telephone No. Irr`. � Y r . a"�""��"��r��e,��►r�r�"t��►t��►�rr�"eta#,r�,ee:�r:#*yrs*,�r�i�r��r,��#s►t�e,��r� 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 gay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the Bounty jail for a period. of not mores than one year, by a fine of not exceeding one thousand ($3,000) , or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. f :.. .. =�G- _-1,98 01 11PP11,0FTRST P CiPIC 9251 57€ 533 P.0# 3 en- C:.dlmo°� '�IVST i;pc4Y or la "V 3<t ° VIM a 11 : ��#� �.��"��reit Vie► •rt�� t.7lL �CtJ��t � �� ; no" i tA f r 4 ,r- A- ! Lr. " # / J27 41 ` 5 Ci4a SS ;tAlIaLt OR zyW ., . ams s kNI; I)Rxs zs 00 T-WESs s JAR' ► It Tn AMOUNT C7LJ►1r= 29 i . , OMIR LLL,SS PLL 11MI ITT !a'&iun 9 rolt "a AMOT =AMD. l L / z ; :4W Al Od v�f� �y� �}�/�y�y ;`�{� 1"I Cif �i *pyRS� iF u �l* iilfwsx=tzs , PL&A i 1"I"TPM i MMOVIC ION z • Ik CIALmant or per"n ltsr319q Ott;his laeh ' M MUSTS& UM-0 byt`LA�I�"T Olk PL► t� XC'i"ZiiG ON 0AMANVS ! 1iverc or sail to. City Clerk# City of pich rka � P.Q. 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M r 1 ii YMCS G RCSTAM ` O NEW O REP R PRe�s R 0 NEW t 1 I SH{ICKASi3Rr�; "tYPE� i"1.SEWS SE i RA1' BY a FILL '3 Mr; Q REPLACE• 6 CLEAN L1 CABLES 4 coot IANG a * L3 ALIT?COOLAN> AM t=* C3 REFRIG O OTHER WtRE#k BkAOES 0,�vA8f4eR FLUlI0 IJ P0WEWSWM% Q' O RLL , ll 1 ; f v l rl c `i t7 ENVIRONMENTAL 0,Ei - 011 F?� SA lrEi Y - TIRE 47FIYtA1'E PARTS LA BY At)D-ON *fL�H c ALP TL3(At The WK:%q~t&W tlsweb''notnvd anava Is softn d by mi to peftm she ADD ON d�sGlba9 edti t �h tNn £BDIimtMSi$nt Ci UW 871CktngC fiCff 1=611 sa:tfe Untfer$I+ .Ik 4 iirlGBtStttE1 the : t irel irs'N d Iv.w witi r,at wpw 0*asm"M w+2tW n y ao=val. EtA;L{fl,ME NG: - COi6srnow AroCtaM&Wja ied, `OTA' a#v 96 M r4*U9}W0rK ftbd ❑I cent wane reoftw oaft. ! ! t3&x awl VILL TNF YA-tV 7A7C i I Cf isNt£AGED SUPER ' ix + +I IMT$EAVICE'Due $WIT OEM,WE R .COWL.BY RPRB.Clw.a, r 1 I t f i i ' 08-22-1998 01;24PM FROM FIRST PAC IFIG TO 915103570538 P.03 h4i Le �DAME AVE �:� �. ,:: � ! tip;;��" f• h NT ,-suwz s, µ 1mTT " , + ,,Y 1 4or g5 DRU i S RC,S#fGtE WILL AMY I .. .. t i 1.f fY1i#tIN###art Rt*fi^ Y£8�tsk 4 s-l+E.tY2�2 YES _. `i^ {{�� ,` .'•�, -nij Tc malt ME OF SIRTJOtA �ZAIGA OUT W4:ay,i:UNf 44ii s4itrt5+7Mt. #f144.kSr S,ryYVr.N �� rKvls.Rsf >5`a anti j; .+ RAYS " : �OYERTfME �s�r : %7FYA DAYS " 2 nI+ ##Ait (st€, KcirS2Yr�tsehrl3t>ro } frcdnsYar .. _ s q:sssSR of.n itdtt au tstk,Y +nd#x'yaati5urzrial>14,te1r4�uax�Ml#�*p2i4Y�iy Rwtie lVF�'s;s.oLV;WOW Anir .. how_....._ ,N . � '�r},�°�A,.$d,y, 35.090,o Ic It€ta Ypt MOM tae• PoSGY tYsd i;whIchtvas 64 I.SL',x Miro nmilwm WfIll Y m to AGCfP7$ }{( No" m SLI tf, y2a#A9RQ#1• em& 7QGl a2f9 Sx Y t R F4 tai 2 fo I.=mid amvt�t�5 coft f'Cd ob �' off,, nX ii,-7,L y Port#YtA(AleA1BfY;SL#�U, 8 d PWIryY,Avgiyh687� >... 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''itRF1C iYa g'i In,M 4S 1T r tIsciff vol rfiof f,l oairirs t.i�wrr ta.ast.uisiiilii�R#uunMi ro trrf,au .�.a LE55.R 7ERt4,55rJw`r .raaGE MY,REC'C CARO AV.'O';NT rpR G?gARGES INs.JRRE6 A$A f46,$t*,T�d Car azee,siA Cadc 3 t5t2 a►si., , ah: 33PFaYet,, jj+'�jj�� /fy�f��L'jj �( a( 3 ; 4tprii lf!6 44 6iin- C:3AMNY7G1i.4l7'{ 17T'1i s fix tdSislfUlY3YN.#VYf33J'1k51i0a 111W M ie^tifi1J REt#iEft aewrxw�fYea a,csmeAa a Dy } w !ss c <;w a ' iY>Wn'nufnnG tifGlgtnl`Mr Anr nnlnsh,l '4MLICE� FE 45 7 REWER's •IRECT SILL PAIL 9Y I .� I I i MSW Nh,ABLE QIQI. At L.C.. . . Y N .1f ®R STs —— 14" iANI.." Ri 13-1 gn oil RE AL =iz - . OEM �r`� 1 ,.� �r ��r >•:., � �.t� �A�. 3:5� � •�� tt'ac fw;. ut a v 1 x_�'� ra ifjiH� Ik keK ti AI Akilk-6 P. A a• l�, �•';+"gt #�,5,! 0 5 7 r 'h y Y �ip. ya - �,a x4 •�s ,. r �' a �. � .: x V , , Ear, 4 es U, 11"01021 igloo.{-_f . 4 A ` r t 8e.NC s `Y�S r+°rC �:� �' i� � -� �-2-----t—;-�� '-s•�-' 'a ^a-t' , -H-�f`-n>. �-:r x,.� V a,�'.�ts. � i f Jrrtk.4 qq 1 3 ,� �P l� n r � i�;t- rY.a.�iP v •-.G4.rt.,.. c � c ;2 S�Mst$a,.:: ,v ., +'' '. S+a� .. ✓d� �:+ SFt4'W s a•.� +., r . IY �' ' Al :gg i -a�r !7`� ��, 1jt'.]) ` t � �, fi7��y�►d�LS 1�f�+�l 07 ipk < 1 i 6'tl`� 8 �>3��5 ref, �� -� '• s .iti'� ., „k� t7 ��'h,��xt�>„ � � tls �e (tt}n� �, ? a ! a s lit 4' §d tai t i a e r }� a r9fM°Jlq a� t}p.4. 1 w Iia J, Nil, i11 i" lif 3r s l�f@tet 1� lf��l�( lt1I i� 3 131LnYil�i ii een t�i t t� 8 1 gg�� - o- Y� fit kf I. f 3 r;'f` rv.•. ". rt� f M2, k ? v..p �1r._ •+7 ati a ( ..� � ,» } ',,�tlfna qtr ( tfainr ti�, t 1 +.i-*t�'s.Y �'� �a FC��^' + ��7 F k' ��i r d ��f y�r"",1 ';5a s•"�'�� .�+.'�wt�F ,Y- '�'3 rt luk re" t 8 f ) x pg, J`t'.}i '/�i.`t`4,�� j :e ! s-♦ f `'',�y�� °�r'Y^�F�.,4; .� �`� �,"` rM1. < f e �y � r M d ar ;`�'qtr: ' >s r* h4 t ' ij ,�r >a y-� �, >� s•�bs'�rt°tf I. �.- Yi 1 ,q5a a Y ��f• r�pY.** •,„ 1. -a '" � a '�. ! i i q. � s f Y fifty t co cn fy3 a 3 VO .y o4 L L c' 1 l" f L CLAIMBOARD Of SUFFAUSORS OE CONM COSTA CD_12M� !CALW_QRNIA f ShtdM De RM AO July 28, 1998 Claim Against the County, or District Governed by the Beard of St visors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your California Government Codes. } notice of the action taken on your claim by the Board of Supervisors. {Paragraph IV belov4, given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $1281.00 CLAIMANT: Jerrell R. Lewis aAT, E CAk F- ATTORNEY: DATE RECEIVED: ADDRESS: 433 Beaulieu Lane BY DELIVERY TO CLERK ON: July 1, 1998 Oakley CA 94561 BY MAIL POSTMARKED: L FRONT: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above--noted claim. PHIL BATCHE OR, Clerk Dated: July 1, 1998 By: Deputy II. FRON1 County Counsel TO: Clerk of the Board of Sup .rvisors 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: yy F > t Dated: ' By: ,#' y c.. Deputy County Counsel M. FRONL 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 th t this;is a true and correct copy of the Board's Order ent ed in its minutes for this date. Dated. ,�� PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice, AF DAVIT OF MAELING 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, adressed to the claimant as shown above. Dated: A y: PHIL BATCHELOR B - =_Qee uty Clerk CC: County Counsel County Administrator NOTICE OF CLAIM AGAINST THE SHERIFFS DEPT OF CONTRA COSTA COUNTY (GOVERNMENT CODES 910,910,2) RECEIVE Return.to; JERRELL R.LEWIS JUL COPY TO: 433 BEAla&U LANE CLS fllC B AR1J 0F SUPI^RVISfJItS QAYLEY,CA. 94561 C. ONTRA WSTA tl' Phone Number: a1%625-4100 CLAIMANT'S NAME: SAID AaAEONT CLAIN4ANT'S ADDRESS:433 BEAULIU LANE Number Street OAKLEY.CA, 94561 City State Zip Code NAME AND ADDRESS OF PERSON TO WHOM NOTICE(S)REGARDING THIS SHOULD RE SENT(If different from above). SHERIFFS DEPARTMENT OF CONTRA COSTA COUNTY DATE OF THE ACCIDENT OR OCCURRENCE: Janus 18.19" PLACE OF ACCIDENT OR OCCURRENCE:433 BEAETLIEU LANE,OAKL,EY CA.94561 GENERAL DISCRIPTION OF ACCIDENT OR OCCURRENCE(attach additional pages if more is needed): ON JANUARY 18, 1998,,AN OFFICER FROM THE OAKLEY SHERIFFS DEPARTMENT WAS CACKLED TO MY HOME FOR A DISTURBANCE AT APPROXIMATELY 0100 AM. WHEN THE SHERIFF ARRIVED I HAD A GENTALMAN DETAINER DRIVING AN UNMARKED,BEAT-UP TOW TRUCK WHO WAS ATTEMPING TO TOWIREPOSESS MY VEHICAL. THE TOW COMPANY WAS A-1 TOW SER'V'ICE OUT OF CONCORD CALIF. THE TOW TRUCK DRIVER WOULD NOT PRESENT ANY ID OR PAPERWORK AT MY REQUEST. THE TOW TRUCK DRIVER WAS WORKING FROM A CONTRACT NOGOTIATED THROUGH CALIFORNIA THRIFT AND LOAN. HE ONLY PRESENTED PAPERWORK AT THE REQUEST OF THE DEPUTY OFFICER,AND I WAS NEVER GIVEN THE OPPORTUNITY TO SEE ANY PAPERWORK OR IDENTIFICATION IN THE POSSESIOI"+7 OF THE TOW TRUCK DRIVER OR HIS PASSENGER. NO NOTWICATION WAS MADE TO ME,BY THE LOCAL SHERIFF PRECINT,CALIFORNIA THRIFT AND LOAN,OR A-1 TOW SERVICE,TO ADVISE ME OF THE REP'OSESSION THAT WAS TAKING PLACE.NOR WAS THERE AN ATTEMP FROM A-1 TOWING SERVICE TO GET MY ATTENTION PRIOR TO HOOKING MY VEHICAL TO HIS TOW TRUCK.THE TWENTY DAYS LATER,I WAS NOTIFIED BY THE SHERIFFS DEPARTMENT THAT MY VEHICAL WAS BEING TOWED,AND WHERE IT WAS BEING STORED.MY VEHICAL WAS TAKEN TO A SOUTH SAN FRANCISCO AUCTION HOUSE AND WAS BEING!PREPED TO BE AUCTIONED OFF.MY VEHICAL SUSTAINED MUCH DAMAGE THROUGH THIS PROCESS. MY CIVIL RIGHTS TO BE NOTIFIED,BEFORE MY PROPERTY WAS CONFISCATED, WERE TOTALLY VIOLATED BY THE, A-1 TOW SERVICE,CALIFORNIA THRIFT AND LOAN,AND ABOVE ALL,"THE CONTRA COSTA SHERIFFS DEPARTMENT."' PEACE OFFICERS AND PRIVATE BUSINESS ENTITIES HAVE A LEGAL AND MORAL OBLIGATION TO NOTIFY A CITIZEN IN ADVANCE OF THEIR INTENT TO INTRUDE ON ONES PROPERTY OR PRIVACY WITH INTENTIONS TO CONFISCATE,AHEAD OF TIME, AND NOT ASSIST,ON SITE,IN FURTHER VIOLATING THE RIGHTS OF CITIZEN(S),OR PARTY IN QUESTION,TO INITIATE CONFISCATION OF ANY PRIVATE PROPERTY. I ALSO VIEW THIS AS A RETALIATION AND RACIAL DISCRIMINATION AGAINST ME FOR FILING THREE CLAIMS CONSERVING PAST ACTS OF INAPROPRIATE AND CRIMIANAL BEHAVIOR AGAINST THE SHERIFFS DEPARTMENT AND CONTRA COSTA COUNTY. COST OR DAMAGES CLAIMING- I AM CLAIMING DAMAGES FUR-MENTAL ANGUISH FOR THE TOTAL DISRUPTION OF MY LIFE AND FAMEL.Y LIFE,THIS WAS ALSO MY ONLY SOURCE OF TRANSIT. VIOLATION OF MY 5�AND 14 ;AMENNDMENT RIGHTS,A VIOLATION OF LOCAL AND STATE LAWS CONSERNENG THE POSSESSIONIREPOSESSION OF PRIVATE PROPERTY, RACIAL DISCRUMNATION,AND IMPLEMENTATION OF CONDUCT AND PROCEDURES UNBECOMING OF A PEACE OFFICER AND LOCAL PRECINCT. TOTAL AMOUNT CLAIMED- $25,400,040.00 THE BASES OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS- DAMAGES INCURRED TO DATE- DAMAGED AND MUSSING PROPERY TOTAL: 11211..00 LOSS OF EARNINGS SPECIAL DAMAGES- MENTAL ANgKISH A , S JaWLCQ=k gF 2WCERS QE THE LAW VI N;QE CPA IIT P NAL C DE 4 2.6 FACIAL RISGRWILUn gN O I 5 AND 14'R ENT WO LADON OF LOG&L AND STATE MANDE ATS RET-ALUDgh AX P N TIE R2.5 CEEMENS ENT AGAINST PEACE FFI R PENAL CODE 6 LEM T TE Opi POWERS gf FER&QNS D P IZED iATTACH COPIES IF AVAILABEI ME,THE UNDERSIGNED,DECLARE UNDER.PENALTY OF PERJURY THAT ME HAVE READ TETE FORGIING CLAIM FOR DAMAGES AND KNOW THE CONTENTS THEREOF; THAT THE SAME IS TRUE OF MY FOUR OWN KNOWLEDGE ANIS BELIEF,SAVE AND ECEPT AS TO THOSE MATTERS THEREIN STATED ON INFORMATION AND BELIEF, AND AS TO THEM,ME BELIEVE IT TO BE TRUE. DATED: 6/17198 X X RECEIBED IN THE CITY{CLERK'S}OFFICE THE DAY OF 1"s SIGNATURE FOR CLAIMS RELATED TO INJURY TO PERSON OR PERSONAL PROPERTY,THIS FORM MUST BE FILED WITHIN SIXMONTHS FROM THE ACCURAL OF THE CAUSE OF ACTION. A CLAIM RELATED TO ANY OTHER CAUSE OF ACTIONSHALL IS PRESENTED NO LATER THAN ONE YEAR AFTER ACCRUAL OF THE CAUSE OF ACTION. CLAIM BOARD OF SIXER)ISORS-OF C-ON-M COSTA CO-11M, CA! 00 AM July 28, 1998 Maim Against the County, or District Governed by ) 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 California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below),"given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings" AMOUNT: Exceeds Jurisdiction Ifty'(91111V IRM CLAIMANT: Larry Glenn J U L — 2 1998 ATTORNEY: Gregory S. Redmond DATE RECEIVED: COUNTY CALIF Attorney at Law ADDRESS: 430 Railroad Avenue BY .DELIVERY TO CLERK. ON: July 2, 1998 Pittsburg CA 94565 BY MAIL POSTMARKED: L FRONL• Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the alcove-noted claim. PHIL BATC LOR, Clerk Dated: July 2, 1998. By: Deputy U. FROn- 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: UA Deputy County Counsel M. 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 th this is a true and correct copy of the Board's Order erste ed in its minutes for this date. Dated: , ' PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim, See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional 'warning See Reverse Side of This Notice. AFFMAVIT OF NC4HJNG 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 cgtified copy of this Board Order and Notice to Claimant, ad essed to the claimant as shown above. Dated: By: PHIL BATCHELOR e uty Clerk CC: County Counsel County Administrator RECEIVED JUL - 219098 TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 10'3 0a.'"v CLQ BOARD OF SUPERVISORS CONTRA COSTA CO Larry Glenn hereby makes claim against Contra Costa County Transit Authority ("CCCTA") and makes the following statements in support of the claim: 1. Claimant's post office address is 4023 Sheffield Way, Antioch, California, 94509. 2. Notices concerning this claim should be sent to 4023 Sheffield Way, Antioch, California, 94509. 3. The date and place of the incidents giving rise to this claim are as follows: On or about July 1997 Claimant filed a claim of overtime benefits with the United States Department of Labor ("DOL"). This claim resulted in the CCCTA, in April 1998, being responsible for paying significant sums in unpaid overtime pay to numerous employees. Subsequent to the filing and payment of the DOL claims, Claimant has been subjected to several unwarranted continuing retaliatory disciplinary actions including but not limited to being wrongfully accused of sexual harassment in May 1998, received a written warning for a telephone conversation in late May/early June 1998, accused of unprofessional behavior towards a co-worker, accused of failing to perform supervisory duties in June 1998, selective monitoring of Claimant's phone calls in May/.lune 1998, selective monitoring the whereabouts of Claimant's county vehicle in May/June 1998, refusing to allow Claimant's input in a supervisor's meeting, failing to warn about a co-worker's physical threats in June 1998, and selective verification of a doctor's slip regarding; illness in June 1998 by John Harris, CCCTA's general manager in violation of public policy. As a direct and proximate result of the aforementioned conduct, Claimant has suffered severe emotional distress. Claimant has direct evidence of Harris' retaliatory motive for said wrongful discipline. On or about March 1998, Claimant was advised that John Harris, the assistant general manager disclosed to June Owens, President of the Driver's Union and William Wright, Union Shop Steward that Claimant was going to be accused of sexual harassment. This disclosure violated Claimant's right to privacy. As a direct and proximate result of the, violation of Claimant's right to privacy Claimant has suffered severe emotional distress.' Claimant seeks an award of punitive damages against John Harris, individually for the aforementioned conduct in conscious disregard of Claimant's constitutional right to privacy and in conjunction therewith. requests CCCTA to pay said punitive damages on behalf of John Harris. Claimant is informed and believes and thereupon alleges that John Harris has told unauthorized persons that Claimant sexually harassed a co-worker. Said allegations are slander per se. As a direct and proximate result of said unauthorized disclosures Claimant has suffered harm to his reputation. Claimant seeks an award of punitive damages against John Harris, individually for said slanderous disclosure and in conjunction therewith requests CCCTA to pay said punitive damages on behalf of John Harris. Claimant is informed and believes and thereupon alleges that CCCTA has, and continues to discriminate against him (and other qualified African-Americans) on the basis of his race--African-American. Specifically, CCCTA has no African-American employees in any middle to upper level management positions. Rather, Claimant and other African-Americans have hit a "white ceiling." Despite Claimant's qualifications for middle to upper level management positions he has never been given the opportunity for promotion. CCCTA, in violation of its procedures, fails to provide notice to employees of such positions. Instead, the middle to upper level positions are hand picked without formal notice to all employees. Plaintiff is informed and believes and thereupon alleges that in the last eight years only one African-American employee has held a middle level management position. Additionally, Claimant is informed and believes and thereupon alleges that African- Americans and other minority groups receive a disproportionate share of disciplinary actions than Caucasian employees. As a direct and proximate result of the aforementioned race discrimination Claimant has suffered economic harm and severe emotional distress. Further, Claimant seeks an award of attorney's fees. 4. The circumstances giving rise to this claim are as set forth above in Paragraph 3. S. Claimant's injuries are severe emotional distress, harm to reputation, loss of privacy, lass of wages and attorney's fees. Claimant will also seek injunctive relief prohibiting Harris from any further retaliation in connection with the wage claim. b. The name of the public employee causing the Claimant's injuries',is John Harris. 7. My claim as of the date of this claim is in an amount that wouldplace it within the jurisdiction of the Superior Court. The claim is based on severe emotional distress, harm to reputation, lass of privacy, economic loss and attorney's fees in an amount to be proved later. Dated: June 23, 1998 Larry Glenn �P n a z a ov, m i9 nm "� �r✓ 7i �R GREGORY S. REDMOND 430 RAILROAD AVE. PmsBURG, CA 94565 TEL: (510) 427-9023 FAx: (510) 427-3020 June 26, 1998 Contra Costa County Board of Supervisors 651 fine Street Martinez, CA 94553 Re: Larry Tenn v. Contra Costa County Transit Authority Dear Board of Supervisors: This office has been retained by Larry Glenn, ("Glenn") a transit supervisor, for the Contra Costa County Transit Authority ("CCCTA") to seek redress for claims including but not limited to wrongful discipline in violation of public policy, invasion of privacy, slander, intentional infliction of emotional distress, negligent infliction of emotional distress and race discrimination. The relevant facts are set forth in the enclosed Notice of Claim. The purpose of this letter is to initiate informal discussions towards an informal resolution of these claims. As set forth below, I will summarize several pertinent legal theories. Wrongful Discipline/Harassment in Violation of Public It is a violation of public policy to retaliate against an employee for filing a wage claim. See, California Labor Code Section 1102.5; Labor Code Section 98.6. In the instant case, subsequent to filing a legitimate claim for overtime wages Mr. Glenn has been subjected to a pattern of unlawful harassment by John Harris, ("Harris") the assistant general manager, designed to force him to voluntarily resign from his position. Indeed, Harris" unlawful motives were revealed when he told a group of workers that if they, too, were involved with the wage claim they "were going down" like Glenn. It has gotten so outrageous Harris instructed Sharon Grant, a co-worker, to make a written complaint of sexualharassment against Glenn. As a result of Harris' retaliatory conduct Glenn's working conditions have become intolerable. In fact, Glenn has suffered severe emotional distress including loss of sleep, anxiety, and severe depression. Glenn's emotional state has become so frayed he has had to seek medical treatment for said conditions and has been referred to psychiatric counselling. Apparently, upon learning Glenn was having a difficult time handling the retaliation Harris was jubilant. Harris' motives are crystal clear--either fire or force Glenn to quit. However, Glenn will not succumb to this retaliatory action. Instead, Glenn intends to vigorously pursue any and all legal recourse necessary to achieve justice. Contra Costa County Board of Directors June 26, 1998 Page Two Invasion of Privacy Article 1, Section 1 of the California Constitution affords all persons the right to privacy. Harris has violated Glenn's right to privacy. Glenn has discoverer) that Harris has disclosed to at least two unauthorized persons that Glenn was accused of sexual harassment (albeit falsely by a female friend of Harris). This disclosure violated Glenn's right to privacy guaranteed by Article 1, Section 1 of the California Constitution. This disclosure was in conscious disregard of Glenn's constitutional right to privacy. Accordingly, Glenn will seek an award of punitive damages against Harris and will request CCCTA to pay punitive damages. Race Discrimination California Government Code Section 12940 et seq. prohibits discrimination on the basis of race. Glenn is informed and believes that CCCTA systematically discriminates against African-Americans in terms of promotion and disciplinary actions. Specifically, CCCTA has no African-American employees in any middle to upper level management positions. In the last eight years there has been only one African-Americanto break into middle management ranks. Indeed, African-Americans have hit a "white ceiling." Despite Glenn's qualifications for middle and upper level management positions he has never been given the opportunity for promotion. In fact, CCCTA, in violation of its own procedures, fails to provide notice to employees of such positions. Instead, the middle to upper level positions are hand picked without formal notice to all employees. As such, 'despite being qualified Glenn has been deprived of even the opportunity for promotion and increased wages associated therewith. Glenn urges the County to review and redress this discriminatory practice. In sum, Glenn is willing to resolve any and all potential claims for the following: (1) a lump sum payment of 1,500,000.00; (2) A prompt, full and fair investigation of CCCTA's employment practices relating to promotion and disparate disciplinary actions of African-Americans; and (3) Disciplinary action up to and including termination of John Harris from employment. See, Cotran v. Rollins Hudig Hall International, Inc., (1998) 17 CalAth 93. 1 61; Contra Costa County Board of Directors June 26, 1998 Page Three If you have any questions or need any additional information please do not hesitate to contact me. I look forward to your timely response. Sincerely, �• 1 GREGORY S. REDMOND, ESQ! cc: Larry Glenn CLAIM C' 97 BOA OFSUPER)L�,..) OF CDNM COSIA COUNM CAI H-ORNiA WMD A00 �y 29, 1998" Claim Against the County, or District Governed by ) the Board of Supervisors, Flouting Endorsernents, NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this document rmiied to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. {Paragraph Ill belovO, given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings".AMOUNT: Exceeds $10,000 J U N 2 1998 CLAIMANT: Nicholas Souza couNTY COUNSEL ATTORNEY: Digardi & Campbell MART DATERECEIVED: City Center Plaza ADDRESS: 499 14th Street Ste 210 BY DELIVERY TO CLERK ON: .lune 26, 1998 Oakland CA 9461.2 BY MAIL POSTMARKED: L FROM{~ Clerk of the Board of Supervisors TO: County Counsel-` Attached is a copy of the above-noted claim. r PHIL BATCHED. , Clerk Dated: June 26, 1998 By: Deputy .� ,� U. FROM: County Counsel TO: Clerk of the Board of Sup v` ors 00 This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated:_ 'I By: Deputy County Counsel M. FROM- Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I'll. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. Other: I certify th this is a true and correct copy of the Board's Order ent ed in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By eputy 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 NIA -ING 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 aye 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a ell ified copy of this Board Order and Notice to Claimant, adoitssed to the claimant as shown above. Date ' By: PAIL BATCHELOR B f, .:. , =" u# Clerk CC: County Counsel County Administrator Memorandum OFFICE OF COUNTY COUNSEL DATE: June 26, 1998 TO: Ann*Cervelli,Acting Clerk of the Board of Super�`isors FROM: VICTOR J. WESTMAN, COUNTY COUNSEL By: Gregory C. Harvey, Deputy County Counsel `..s RE: Notice of intent to sue by Nicholas Souza rty! Please treat the attached notice of intent to sue by Nicholas Souza as a claim pursuant to Phillips v .Desert Hospital District(1989)49 Cal.3d 699 unless Mr. Souza has filed a separate government tort claim. I have attached a copy of the Phillips case for informational purposes. The case holds that a notice of intent to sue has to be treated as a claim or the public entity waives any deficiencies. If a separate government tort claim has been filed by Mr. Souza, then we don't have to treat the intent to sue as a claim. Please call me if there are any questions that are raised by the attached(335-1824). CONFIDENTIAL ATIO RN Y CLIENT DOCUMENT v Nicholas Souza VS . Contra Costa County SERVICE ADVICE FORM Office of Clerk of the Board Notice of Intent to Sue RjF,(n13T,) (Name of Action) J U H 2 8 1998 (Court) COUNTy COUNSEL (Number) MARTINEZ CALIF. 1) Service was made by: Personal Service j Name of Server: Mail 19 ] Did you sign acknowledgment and return it to Plaintiff's Attorney? Yes j ) No [X] 2) Date of Service June 26, 1998 Time of Service P.M. 3) Were you served as an individual? Yes [ ' ] No [X ] 4) Were you served as an official of the County? Yes [ ] No [X ] 5) Was service made on the Clerk of the Board? Yes [X ] No [ ] 6) If service was made in person, then please give the name of the person who received service: Name Title Deputy Clerk Department Clerk of the Board Office Address 651 Pine St. , Rm. 106, Martinez INSTRUCTIONS: The Summons and Complaint (and other legal, documents) should be referred immediately to County Counsel. TO: COUNTY COUNSEL Received the documentation pertinent to the above referenced Action this 26th day of _ T1,�,P ,1998. DIGARDI & CAMPBELL yT ATTORNEYS AT LAW gds j f ;wf CITY CENTER PLAZA EDWARD M. DIGAR01 499-14-STREET,SUITE 210 JOSEPH W. CAMPBELL ?} r OAKLAND, CALIFORNIA 94612-1934 (510}832-5409 VIA CERTIFIED MAIL June 24 , 1998 Board of Supervisors County of Contra Costa 651. Pine Martinez, CA 94553 Re : NICHOLAS SOUZA Dear Sir or Madam. Pursuant to Code of Civil Procedure §364, you are hereby notified that Nicholas Souza intends to commence a civil action against you. The legal basis of the claim is that Mr. Souza received negligent care and treatment from you at the Martinez Health Center/Merrithew Memorial Hospital on January 1, 1998, and dates thereafter. The type of loss sustained is not completely known but includes negligent care and treatment related to a perforated ilium and sigmoid colon following an automobile accident . Very truly yours, DIGARDI & CAMP LL V� J seph W. C bell JWC:dd cc: Medical Board of California t r S �4 O O U en co LO ru ,u` yq k• �!/ V l t!" 04 U U 44 4-1 O tU N t p 0 z a) ori "�4 41 O 0 un rg c1 o cn c4 N H D , U) r~ � A z O - ... 263 Cal.Rptr. 119 Page 1 (Cite as; 49 Cal.3d 619, 784 P.2d 349, 263 Cal.Rptr. 119) P Paula E. PHILLIPS et al., Plaintiffs and 30017(1) Appellants, Where trial court sustained demurrer, Supreme V. Court would assume the truth of all properly pleaded DESERT HOSPITAL DISTRICT, Defendant and material allegations of the complaint and give it a Respondent. reasonable interpretation by reading it as a whole and its parts in their context. No. 5001352. [3] MUNICIPAL CORPORATIONS X741.3+0 Supreme Court of California, 268k741.30 In Bank. Formerly 268k741.1(5) In Medical malpractice cases against governmental Oct. 16, 1989. entities, action accrues for purposes of the notice of claim requirements on the claimant's actual or Patient and her husband brought malpractice action constructive discovery of the practice. West's against hospital. The Superior Court, Riverside Ann.Cal.Gov.Code § 911.2. County, Richard V. Lee, Temporary Judge, sustained hospital's demurrer, and patient and [4] MUNICIPAL CORPORATIONS 0=741.55 husband appealed. The Court of Appeals, 237 268k741.55 Cal.Rptr. 622, affirmed. The Supreme Court, 238 Formerly 268k741.3 Cal.Rptr. 774, 739 P.2d 134, granted review and Claimant must notify appropriate public entity of a transferred cause to the Court of Appeals for claim and the public entity must then determine reconsideration. The Court of Appeal, 243 expeditiously the claim's timeliness and sufficiency; Cal.Rptr. 196, affirmed and the Supreme Court if notice is untimely or lacks any of the information granted review, superseding the opinion of the Court required by statute, public entity may require the of Appeal. The Supreme Court, Kaufman, J., held claimant to justify the delay or supply the missing that notice to hospital intended to comply with data; if public entity fails to require the claimant to requirement that medical care provider be given cure the defects, it waives certain defenses which 90-days notice of malpractice action served as a are otherwise available to challenge the lawsuit defective claim under the Tort Claims Act requiring based on the claim. West's Ann.Cal.Gov.Code §§ hospital to give notice of the defects or waive certain 910, 910.2, 910.8, 911, 911.3. defenses under the Tort Claims Act. [5] MUNICIPAL CORPORATIONS X741.55 Reversed. 268k741.55 Formerly 268k741.3 [1] MUNICIPAL CORPORATIONS«741.55 It is not the filing of a complete and valid claim 268k741.55 which triggers the notice and defense-waiver Formerly 268k741.3 provisions of the Government Tort Claims Act; it is Public entity must treat a notice of intention to only a claim which, as presented, fails to comply commence an action based on health care provider's substantially with the claim presentment requirement negligence which alerts it to the existence of a claim that triggers the duty of the public entity to inform for monetary damages and an impending lawsuit but the claimant of the deficiencies or suffer waiver of which fails to comply substantially with the claim certain defenses. West's Ann.Cal.Gov.Code §§ 910, presentation requirements of the Tort Claims Act as 910.2, 910.8, 911, 411.3, a defective claim under the Act, triggering the operation of statutes requiring it to notify the [6] MUNICIPAL CORPORATIONS 741.55 claimant of insufficiencies of content or timeliness, 268k741.55 or else it waives any defenses based on those Formerly 268k741.3 insufficiencies. West's Ann.Cal.Gov.Code §§ 900 et Document constitutes a claim as presented, seq., 910.8, 411, 411.3. triggering requirement under the Tort Claims Act that public entity inform the claimant of deficiencies [2] APPEAL AND ERROR<8=917(1) or else suffer waiver of certain defenses, if Copr. D West 1998 No Claim to Orig. U.S. Govt. Works 263 Cal.Rptr. 119 Page 2 (Cite as: 49 Cal.3d 699, 780 P.2d 349, 263 Cal.Rptr. 119) document discloses the existence of a claim which, subd. (a)) may activate the notice and defense- if not satisfactorily resolved, will result in a lawsuit waiver provisions(Gov.Code, §§ 910.8, 911, 911.3) against the entity; public entity's receipt of written of the Tort Claims Act (Gov.Code, § 900 et seq.) notice that claim for monetary damages exists and (act). [FNij As explained below, we conclude that that litigation may ensue places upon the public a public entity must treat a notice, such as the notice entity the responsibility to notify the potential at issue here, that alerts it to the existence of a *702 plaintiff of the defects in the document. West's claim for monetary damages and an impending Ann.Cal.Gov.Code §§ 910, 910.2, 920.8, 911, lawsuit but fails to comply substantially with the 911.3. claim presentation requirements of the act, as a defective "claim" that triggers the operation of [7] HOSPITALS(9=8 sections 910.8, 912 and 911.3. These sections (1) 204k8 require a public entity to notify a claimant of any Fact that plaintiffs might not have intended their insufficiencies of content or timeliness that prevent a notice to hospital of intent to sue, sent under statute claim as presented from satisfying the requirements requiring potential medical malpractice plaintiffs to of the act and (2) provide that failure to give such notify the health care provider of the intention 90 notice waives any defenses based on those days prior to filing suit, would serve as a claim insufficiencies. [FN21 presentment under the Tort Claims Act because plaintiffs were unaware that the hospital was a FNI. All further statutory references are to the governmental entity did not preclude notice from Government Code unless otherwise indicated. serving as a defective claim, giving rise to hospital's obligation to inform plaintiffs of the deficiencies in FN2. Section 910.8 provides in relevant part: "If the claim under the Tort Claims Act or else suffer in the opinion of the board or the person designated waiver of certain defenses. West's Ann.Cal.C.C.P. by it a claim as presented fails to comply § 364(a); West's Ann.Cal.Gov.Code §§ 900 et substantially with the requirements of Sections 910 seq., 910.8, 911, 911.3. and 910.2, ... the board or such person may, at any time within 20 days after the claim is presented, give written notice of its insufficiency, [8)MUNICIPAL CORPORATIONS X741.50 stating with particularity the defects or omissions 268k741.50 therein.... The board may not take action on the Formerly 268041.2 claim for a period of 15 days after such notice is Caption or title of notice of claim given to given." governmental entity did not diminish its legal effect Section 911 provides: "Any defense as to the as a claim. West's Ann.Cal.Gov.Code § 900 et seq, sufficiency of the claim based upon a defect or *701 ***120 Tanzer, **35( Rosato & Samuels, omission in the claim as presented is waived by failure to give notice of insufficiency with respect Ellen Kaman, Cary S. Samuels, Ralph L. Rosato, to such defect or omission as provided in Section Beverly Hills, Haines, Russ, McMurry & de Reeat 910.8, except that no notice need be given and no and Craig J. de Recat, Los Angeles, for plaintiffs waiver shall result when the claim as presented and appellants. fails to state either an address to which the person presenting the claim desires notices to be sent or an Horvitz, Levy & Amerian, Encino, Merrill & address of the claimant," Neiswender, Redlands, Thompson & Colegate, At the time this dispute arose, section 911.3 Riverside, David S. Ettinger, ***121 Thomas M. provided in relevant part: "(a)When a claim that Brown, David M. Axelrad, brant Marylander and is required by Section 911.2 to be presented not Michelle L. Stern, Encino, for defendant and later than the 100th day after accrual of the cause respondent. of action is presented after such time without the application provided in Section 911.4, the board or KAUFMAN, Justice. other person designated by it may, at any time within 45 days after the claim is presented, give written notice to the person presenting the claim [1] We granted review in this case to determine that the claim was not filed timely and that it is whether a notice of intention to commence an action being returned without further action.... [1] (b) based upon a health care provider's alleged Any defense as to the time limit for presenting a professional negligence (Code Civ.Proc., § 364, claim described in subdivision (a) is waived by Copr. 0 West 1998 No Claim to Orig. U.S. Govt. Works 263 Cal.Rptr. 119 Page 3 (Cite as: 49 Cal.3d 699, *702, 780 P.2d 349, **350, 263 Cal.Rptr. 119, ***121) failure to give the notice set forth in subdivision(a) days prior to filing a complaint. within 45 days after the claim is presented, except that no notice need be given and no waiver shall Plaintiffs' 364 notice was typed on their law firm's result when the claim as presenter) fails to state stationery which bore the firm's name, address and either an address to which the person presenting telephone number, was signed by their attorney and the claim desires notices to be sent or an address of the claimant." The italicized words were amended stated as follows: in 1987 to reflect extension of the claims presentation period to six months. (Stats.1987, ch. "Desert Hospital 1201, § 19, No. 4 Deering's Adv.Legis.Service, pp. 4398-4399; Stats.1987, ch. 1208, § 4, No. 4 1150 North Indian Avenue Deering's Adv.Legis.Service, pp.4426-4427.) Palm Springs, California 92262 I. "Re: Intention to Commence Action [2) This appeal is from a judgment of dismissal entered after the trial court sustained defendant's Paula E. Phillips and Richard A. Phillips demurrer. Therefore, under settled law, we assume the truth of all properly pleaded material allegations Date of Incident: September 12, 1983 of the complaint (Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167, 170, 164 Cal.Rptr. 839, 610 "To Whom It May Concern: P.2d 1330; Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493, 496, 86 Cal.Rptr, 88, 468 "This letter will serve to advise you that this office P.2d 216) and give it a reasonable interpretation by intends to commence an action against Desert reading it as a whole and its parts in their context Hospital on behalf of Paula E. Phillips and her (Blank v. Kirwan (1985) 39 Cal.3d 311, 318, 216 husband Richard A. Phillips. This action arises out Cal.Rptr. 718, 703 P.2d 58). of apparent Health Care Provider Negligence (Medical Malpractice) resulting from the diagnosis, On September 11, 1983, plaintiff Paula E. Phillips care, treatment, operation and related services was admitted to Desert Hospital (hospital), a public rendered to Paula E. Phillips can or about September hospital district, the defendant herein. On the *703 12, 1983 at Desert Hospital, Palm Springs, advice of her doctors, she underwent a bilateral California, and the subsequent complications, mastectomy and reconstructive surgery. Mrs. treatment, damages and emotional distress resulting Phillips and her husband, also a plaintiff, allege that therefrom. Mr. Phillips will claim damages for loss the surgery was both medically unnecessary and of consortium and for his .trental and emotional negligently performed and that as a result she suffering resulting from the damages and developed complications, including gangrene. disfigurement to his wife." (Original italics.) Plaintiffs further allege that, notwithstanding the unsuccessful surgery, Mrs. Phillips was released Having received no response from the hospital, from the hospital on October 2, 1983, without being plaintiffs filed a complaint on July 27, 1984, in informed of the nature or extent of her condition. which they alleged causes of action for negligence, As a result, ***122 plaintiffs allege that Mrs. willful misconduct, fraud, conspiracy to defraud, Phillips has been compelled to seek extensive concealment, intentional and negligent infliction of additional medical treatment, including surgical emotional distress and loss of consortium. The *704 intervention. complaint named as defendants Mrs. Phillips's treating physicians and the hospital. **352 On April 6, 1984 (205 days after the surgery and 185 days after Mrs. Phillips's release from the The hospital demurred to the complaint on the hospital), plaintiffs' counsel trailed to the hospital a ground that plaintiffs had failed to state a cause of notice (hereafter 364 notice) pursuant to Code of action because they did not allege compliance with Civil Procedure section 364, subdivision (a), which the claim presentation requirements of the act. requires potential medical malpractice plaintiffs to notify health care providers of their intent to sue 90 Before the demurrer was scheduled to be heard, Copr. 0 West 1998 No Claim to Orig. U.S. Govt. Works 263 Ca1.Rptr. 119 Page 4 (Cite as: 49 CaI.3d 699, *704, 780 P.2d 349, **352, 263 Cal.Rptr. 119, ***122) plaintiffs filed without leave of court a first amended of Appeal upheld the dismissal of the plaintiffs' complaint. (Code Civ.Proc., § 472 [prior to trial of action. While we agree that the 364 notice does not issue of law thereon, pleading may be amended once comply substantially with the claim presentation of course after demurrer filed].) In the first requirements of the act (see post, fn. 7), that amended complaint, plaintiffs attempted to remedy conclusion is not dispositive of the case. The the asserted defect by stating, "Plaintiffs have dispositive issue is whether plaintiffs' 364 notice complied with the provisions of Government Codt § triggered the notice and defense-waiver provisions 900, et seq.," and by attaching and incorporating by of the act (§§ 910.8, 911, 911.3). Recognizing that reference applications they had recently sent to the as the dispositive issue renders the Court of Appeal state and county for leave to present a late claim. opinion largely irrelevant. Accordingly, we have no According to the amended complaint, the hospital's need to address directly much of the Court of demurrer was the first indication to plaintiffs that the Appeal's opinion, reasoning and authority. hospital was a public entity. A. Notice and Defense-waiver Provisions of the The amended complaint claimed the hospital was Tort Claims Act estopped from asserting any defenses based upon plaintiffs' failure to comply with the claim [3] It is well settled that the purpose of the claims presentation requirements. The alleged ground of statutes "is to provide the public entity sufficient estoppel was that the hospital had attempted to information to enable it to adequately investigate conceal its identity as a public entity and had not claims and to settle them, if appropriate, without the complied with section 7530(requiring public entities expense of litigation. [Citations.]" (City of San to identify themselves as such by so stating on their Jose v. Superior Court (1974) 12 Cal.3d 447, 455, "letterhead stationery" and business cards). 115 Cal.Rptr. 797, 525 P.2d 701.) To achieve this purpose, section 911.2 requires a claimant to present The hospital demurred to the first amended a claim to the public entity within a specified time complaint on the same ground relied upon in after accrual of the cause of action. [FN3] In demurring to the original complaint, to wit, medical malpractice cases, the action accrues on plaintiffs' alleged lack of compliance with the act. claimants' actual or constructive discovery of the The demurrer stated that claims were required to be malpractice. (Martinez v. County of Los Angeles presented to the hospital's governing board. (1978) 78 Cal.App.3d 242, 245, 144 Cal.Rptr. 123.) The trial court sustained the demurrer without leave to amend and subsequently dismissed the amended FN3. Before 1987, the time specified was 100 complaint. Plaintiffs appealed from the order of days. In 1987, the Legislature amended sections dismissal and the Court of Appeal affirmed the 911.2 and 911.3, extending the period within judgment. Plaintiffs then petitioned for review. which claims must be presented from 100 days to 6 ***123 We granted review and transferred the case months. The amendments do not apply to this appeal, however, nor do they affect our to the Court of Appeal for reconsideration in light of determination of the principal issue on appeal. Foster v. McFadden (1973) 30 Cal.App.3d 943, 106 (See Stats.1987, ch. 1208; § 11, No. 4 Deering's Cal.Rptr. 685 and sections 910.8, 911 and 911.3. Adv.Legis.Service,p. 4432.) The **353 Court of Appeal subsequently rendered a second opinion in which it reaffirmed its initial If the public entity determines a "claim as judgment and distinguished the instant case from presented" fails to comply substantially with sections Foster v. McFadden, supra. We again granted 910 and 910.2, and is therefore defective, the public review and now reverse. entity may either "give written notice of [the claim's] insufficiency, stating with particularity the lI. defects or omissions therein" within 20 days (§ 910.8; see fn. 2, ante), or waive any defense "as to On appeal below, the court addressed the question the sufficiency of the claim based upon a defect or whether plaintiffs' 364 notice complied substantially omission in the claim as presented...." (§ 911; see with the claim presentation requirements *70! of the fn. 2, ante.) If the public entity does send a notice act. Finding the answer in the negative, the Court of insufficiency, it may not take further action on Copr. D West 1998 No Claim to Orig. U.S. Govt. Works __ 263 Cal.Rptr, 119 Page 5 (Cite as: 49 Cal.3d 699, *705, 780 P.2d 349, **353, 263 CaLRptr. 119, ***123) the defective claim for a period of 15 days after such which gave rise to the claim asserted; [11] (d) A notice is given. (§ 910.8; see fn. 2, ante.) general description of the ... injury, damage or loss Whether or not it decides to provide a notice of incurred so far as it may be known at the time of insufficiency, the public entity must notify the presentation of the claim; [',] (e) The name or claimant within 45 days after the claim is presented names of the public employee or employees causing whether the claim, defective or otherwise, was the injury, damage, or loss, if known; and [1] (f) timely filed. (§ 911.3, subd. (a); see fn. 2, ante.) The amount claimed as of the date of presentation of Thus, if a section 910.8 notice of insufficiency is the claim, including the estimated amount of any sent, the board must make a timeliness prospective injury, damage, or loss, insofar as it determination within 10 days after the last date the may be known at the time of the presentation of the claimant could amend the claim to cure the claim, together with the basis of computation of the insufficiency identified. Failure to provide such amount claimed." [FN5] notice of timeliness waives a public entity's defense *706 based on untimeliness even if the claim is FN4. in 1987, section 910 was amended to read in otherwise insufficient, unless the claimant has failed relevant part: "A claim shall be presented by the to state in the claim an address where such notices claimant... and shall show all of the following...." should be sent. (§ 911.3, subd. (b); see fit. 2, (Amended portion italicized.) Whatever intent the Legislature may have had in adding this language is ante.) of no consequence here. The 1987 amendments apply only to actions based on acts or omissions [4] The Legislature has thus provided a occurring on or after January 1, 1988. (See comprehensive scheme which requires a claimant to Stats.1987, ch. 1208, § 11, No. 4 Deering's notify the appropriate public entity of a claim. This Adv.Legis.Service, p. 4432.) Moreover, since the notification in turn allows the public entity an Legislature did not amend the notice-of- opportunity to determine expeditiously the claim's insufficiency provisions to eliminate the reference timeliness and sufficiency. If the notice is untimely to insufficiencies due to "defects or omissions" (§ or lacks any of the information required by sections § 910.8, 911, italics added), our determination of 910 and 910.2, the public ***124 entity may require what type of document triggers those provisions the claimant to justify the delay or supply the would not be affected even if the amendment to missing data. If the public entity fails to require the section 910 were applied to the instant case. claimant to cure such defects, then it waives certain defenses which are otherwise available **354 to FNS. The 1987 amendments changed section 910, challenge a lawsuit based upon the claim. This subdivision ( to read in pertinent part, "The possibility of waiver encourages public entities to amount claimed if it totals less than ten thousand dollars ($10,000) .. If the amount claimed investigate claims promptly, and to make and notify exceeds ten thousand dollars ($10,000), no dollar claimants of their determinations, thus enabling the amount shall be included in the claim. However, it claimants to perfect their claims. The overall result shall indicate whether jurisdiction over the claim is an incentive to public entities to manage and would rest in municipal or superior court." control the claims made against them. (Stats.1987, ch. 1208, § 2, No. 4 Deering's Adv.Legis.Service,p. 4426, italics added to reflect B. Section 910 Requirements and Defective Claims amendments.) Section 910 identifies the information a proper *707 When a public entity receives a document notice of claim should include to enable a public which contains the information required by section entity to investigate and evaluate the claim to 910 and is signed by the clamant or her agent as determine whether settlement is appropriate. Prior required by section 910.2, the public entity has been to a 1987 amendment, section 910 provided that presented with a "claim" under the act, and must act when a claim is presented, it „shall show: [ [FN4]] [ within 45 days or the claim is deemed to have been ¶] (a) The name and post office address of the denied. (§ 912.4.) Once a claim is denied or claimant; ftJ (b) The post office address to which deemed to have been denied, the claimant may then the person presenting the claim desires notices to be proceed to file a lawsuit. (§ 945.4.) sent; [fl (c) The date, place and other circumstances of the occurrence or transaction [5] But it is not, as the hospital suggests, the filing Copr. C West 1998 No Claim to Orig. U.S. Govt. Works 263 Cal.Rptr. 119 Page 6 (Cite as: 49 Cal.3d 699, *707, 780 P.2d 349, **354, 263 Cal.Rptr. 119, ***124) of a complete and valid "claim" that triggers the as plaintiffs' 364 notice, which discloses the notice and defense-waiver provisions of the act. existence of a claim that if!not paid or otherwise Such confusion may stem from the Legislature's use *708 resolved will result in litigation, must be of the term "claim" to describe two distinct treated as a defective "claim:" activating the notice situations. (3n the one hand, as previously noted, a and defense-waiver provisions of the act, sections "claim" is a notice which complies with sections 910 910.8, 911 and 911.3. (Tyus v. City of Los and 910.2. Can the other hand, the notice and Angeles (1977) 74 Cal.App.3d 667, 672, 141 defense-waiver provisions, sections 910.8 and 911, Cal.Rptr. 630; Foster v. McFadden, supra, 30 use the phrase "claim as presented" to identify a Cal.App.3d at p. 947, 106 Cal.Rptr. 685.) „claim" which is defective due to its failure to comply substantially with sections 910 and 910.2 C. Plaintiffs' Notice to the Hospital [FN6] and, contrary to the ***12; **35° hospital's position, it is only a "claim as presented [that] fails Plaintiffs contend that, whether or not their 364 to comply substantially" that triggers sections 910.8, notice was insufficient under section 910, [FN7] the 911 and 911.3. (§ 910.8; Foster v. McFadden, hospital's receipt of the 364 notice activated sections supra, 30 Cal.App.3d at p. 947, 106 Cal.Rptr. 685.) 910.8, 911 and 911.3 and thus required the hospital Accordingly, it only remains to be determined to notify plaintiffs in writing as to (a) what whether the hospital was required to treat plaintiffs' additional section 910 information was necessary to 364 notice as a defective claim triggering the notice allow it to initiate an investigation into the incident ( and defense-waiver provisions of sections 910.8, § 910.8) and (b) whether the notice of claim was 911 and 911.3. timely (§ 911.3, subd. (a)). Plaintiffs further contend that the hospital, having failed to provide FN6. Although the notice of timeliness provision, such notices, waived any defenses as to the section 911.3, subdivision (a), does not use the sufficiency of the claim based upon omitted section phrase "claim as presented," there are two reasons 910 requirements (§ 911) or untimeliness (§ 911.3, for concluding that section 911.3 applies both to defective claims and to claims complying subd. (b}). substantially with sections 910 and 910.2. First, as previously noted, by providing 45 days within FN7. Plaintiffs argue that their 364 notice which a notice of timeliness must be sent to avoid complied sufficiently with the section 910 waiving timeliness defenses, section 910.8 allows a requirements to enable the hospital to investigate public entity 10 days after expiration of the time the incident adequately to determine if settlement for (1) sending a notice of insufficiency of a negotiations were appropriate. 1t is indisputable, defective claim (20 days after the claim is however, that the 364 notice does not state the presented) and (2) receiving any curing amount plaintiffs sought in damages as required by amendments (15 days thereafter) to determine section 910, subdivision (f), and therefore fails to whether a claim is timely. Second, the only comply substantially with section 910. (See Foster exception to application of the timeliness-defense v. McFadden, supra, 30 Cal.App.3d at p. 946, & waiver occurs "when the claim as presented fails to fn. 3, 106 Cal.Rptr. 685.) Under the analysis state either an address to which the person adopted herein we need not address that issue presenting the claim desires notices to be sent or an further. address of the claimant." (§ 911.3, subd. (b).) The insufficiency-defense waiver provision, section In response, the hospital, citing Lutz v. Tri-City 911, contains the identical exclusive exception to Hospital (1986) 179 Cal.App.3d 807, 224 Cal.Rptr. application of the insufficiency-defense waiver. 787, argues that plaintiffs' 364 notice cannot, as a matter of law, be considered a "claim" under the 1n this regard, the hospital attempts to distinguish act. Lutz indeed held that the filing of a 364 notice between defective "claims" which properly trigger "does not constitute the filing of a claim, late or the act's notice and defense-waiver provisions and otherwise, and [a hospital's] failure to respond does other notices of possible claims, such as plaintiffs' not constitute a waiver of its defense." (id. at p. 364 notice, which, according to the hospital, it was 813, 224 Cal.Rptr, 787.) The Lutz court based its at liberty simply to ignore without consequence. conclusion on two distinctions between a 364 notice However, we perceive no principled basis for such a and a section 910 claim: the differences in distinction and therefore conclude that a notice, such jurisdictional effect and in required content. Copr. C West 1998 No Claim to©rig. U.S. Govt. Works 263 Cal.Rptr. 119 Page 7 (Cite as: 49 Cal,3d 699, *708, 780 P.2d 349, **355, 263 Cal.Rptr. 119, ***125) The Lutz court noted that failure to comply with 141 Cal.Rptr. 630.) A public entity's receipt of Code of Civil Procedure section 364 (section 364) is written notice that a claim for monetary damages not a jurisdictional defect (Lutz, supra, 179 exists and that litigation may ensue places upon the Cal.App.3d at p. 512, 224 Cal.Rptr. 787) but, public entity the responsibility, and gives it the instead, merely provides a ground for discipline by opportunity, to notify the potential plaintiff pursuant the State Bar. (Code Civ.Proc., § 365; see Lesko to sections 910.8 and 911 of the defects that render v. Superior Court (1982) 127 Cal.App.3d 476, 482, the document insufficient under sections 910 and 179 Cal.Rptr. 595.) In contrast, submission of a 910.2 and thus might hamper investigation and claim to a public entity pursuant to section 900 et possible settlement of the claim. Such a written seq. "is a condition precedent to a tort action and the notice claiming monetary damages thereby satisfies failure to present the claim bars the action." (Lutz, the purposes of the claims act--to facilitate supra, 179 Cal.App.3d at p. 812, 224 Cal.Rptr. investigation of disputes and their settlement without 787, citing Williams v. Horvath (1976) 16 Cal.3d trial if appropriate (74 Cal.App.3d at p. 672, 141 534, 129 Cal.Rptr. 453, 548 P.2d 1125.) Both Cal.Rptr. 630). these observations are accurate, but the Lutz court did not explain ***12b the significance *705 of this [7] The hospital contends that plaintiffs could never distinction in the context of the notice and defense- have intended their 364 notice to function as a claim waiver provisions and we do not perceive any. The for purposes of the act because, by plaintiffs' own disparate jurisdictional effects flowing respectively admission, they were not aware of the hospital's from noncompliance with section **35( 364 and the status as a public entity. The hospital fails to claim presentation requirements of the act(§ 900 et explain, however, why or how a claimant's intent, seq.) relate only to whether a lawsuit may be filed. even if ascertainable, is relevant to the notice and As previously noted, however, the crucial issue here defense-waiver provisions of the act. is the preliminary one of whether plaintiffs' 364 Implementation of the purposes of the claim notice constituted a "claim as presented,," requiring presentation requirements--to require public entities notification or waiver of its deficiencies as a claim. to manage and control claims and to encourage The fact that compliance with section 364 is not a timely investigation and settlement to avoid needless jurisdictional prerequisite to a lawsuit is wholly litigation--depends not on a claimant's state of mind irrelevant to the effectiveness of a 364 notice as a but rather on the information imparted to the public document triggering the notice and defense-waiver entity. Thus, the relevant inquiry is noz *71( into provisions of the act. plaintiffs' subjective intent but whether their 364 notice disclosed to the hospital that they had a claim The Lutz court also distinguished a 364 notice from against it which, if not satisfactorily resolved, would a section 910 claim on the ground that such a claim result in their filing a lawsuit. (Foster v. must be more detailed and specific than a 364 McFadden, supra, 30 Cal.App.3d at p. 947, 106 notice, which need only "set out the legal basis for Cal.Rptr. 685; Tyus v. City of Los Angeles, supra, the claim and the type of loss sustained, 'including 74 Cal.App.3d at p. 673, 141 Cal.Rptr. 630.) with specificity the nature of the injuries suffered' " Obviously, it did. (179 Cal.App.3d at p. 512, 224 Cal.Rptr. 787). If a claim complies substantially with sections 910 and The Court of Appeal was concerned that if a letter 910.2, however, sections 910.8, 911 and 911.3 do captioned "Intention to Commence Action" could not come into play. The latter sections become activate the notice and defense-waiver provisions of significant only when the "claim as presented" does the act, then the hospital and other public health not substantially comply with sections 910 and providers would be required to treat all such letters 910.2. written by dissatisfied patients or their attorneys which threaten legal action as "claims," or else risk [6] We conclude, therefore, that a document the loss of defenses from failing to notify the constitutes a "claim as presented" triggering sections potential claimant of insufficiency or untimeliness 910.8, 911 and 411.3, if it discloses the existence of pursuant to sections 910.8, 911 and 911.3, subd. a "claim" which, if not satisfactorily resolved, will (b). But, provided the existence of a claim for result in a lawsuit against the entity. (Tyus v. City monetary damages is definitely disclosed by the of Los Angeles, supra, 74 Cal.App.3d at p. 672, document, that burden upon the public entity is Copr. 0 West 1998 No Claim to Orig. U.S. Govt. Works 263 Cal.Rptr. 119 Page 8 (Cite as.49 Cal.3d 699, *714, 780 P.2d 349, **356, 263 Cal.Rptr. 119, ***126) precisely the intended effect of the statutory notice Cal.Rptr. 685.) More importantly, the notice and and defense-waiver provisions. defense-waiver provisions (§§ 910.8, 911, 911.3), while falling short of placing an affirmative duty on ***127 Foster v. McFadden, supra, 30 Cal.App.3d public entities to obtain the information deemed 943, 106 Cal.Rptr. 685, is directly in point. There, necessary to investigate incidents and to determine the plaintiff was injured when he was struck by a whether settlement is appropriate, nevertheless bulldozer operated by a sanitation district (district) furnish a strong incentive to do so by sanctioning a employee. **357 The plaintiff's attorney wrote the public entity that fails to ask the claimant for such employee a letter, and sent a copy to the district, information. Thus, if a public entity receives a advising the employee of the plaintiff's name, and document that alerts it to the existence of a claim the date and place of the accident, and asking him to and the possibility of a lawsuit but fails to comply forward the letter to his insurer or, if not insured, to substantially with sections 910 and 910.2, the contact the plaintiff's attorney. The district purposes of the act are best served by requiring the acknowledged being advised of the incident by public entity to notify the claimant of the nature of notifying the plaintiff's attorney of the district's the claim's insufficiencies or lack of timeliness or insurance coverage and requesting the attorney to else waive, by operation of sections 911 and 911.3, direct further inquiries to its insurer. The plaintiff its defenses based on those deficiencies. subsequently brought an action against the district. The trial court entered judgment in the district's Inasmuch as the hospital failed to notify plaintiffs of favor based solely on its conclusion that the plaintiff the insufficiencies in their 364 notice that rendered it had failed to comply with the claim presentation defective to comply substantially with sections 910 requirements of the act. and 910.2, the hospital has waived any defenses it may have otherwise asserted based on such The McFadden court reversed, reasoning that the insufficiencies. (§ 911.) Further, as it failed to plaintiff's letter "accomplished the two principal notify plaintiffs of any timeliness defects (§ 911.3, purposes of a sufficient claim. It afforded the subd. (a)), the hospital has similarly waived any district the opportunity to make a prompt defenses it might have raised on the ground of investigation of the accident occasioning the letter plaintiffs' asserted failure to present a timely claim( and it gave to the district the opportunity to settle 911.3, subd. without suit, if it so desired." {30 Cal.App.3d at p. § (b))• Accordingly, there is no reason 949, 106 Cal.Rptr. 685.) Thus, the McFadden to allow plaintiffs to amend their complaint. court concluded that the letter was sufficient to D. Estoppel activate the notice and defense-waiver provisions of sections 910.8 and 911. [FN8] (30 Cal.App.3d at p. plaintiffs also contend that the hospital should be 949, 106 Cal.Rptr. 685.) estopped from asserting any defenses based on plaintiffs' failure to comply with the act, arguing (1) 911.3, which was added to the actt in 1983 and FNB. McFadden predates the enactment of section the hospital knew plaintiffs were mistaken as to its n which requires a governmental entity to respond to public-entity status; (2) it concealed its status by a claim within 45 days of receipt or waive its operating under the name "Desert Hospital" instead timeliness defense. (Stats.1983, ch. 107, § 1, p. of "Desert Hospital District" and failing to identify 277.) The McFadden holding would have applied itself as a public entity on medical records and in its equally to that provision, had it by then been written communications with plaintiffs, (3) by so enacted. concealing its identity the hospital intended that potential claimants would err and treat it as a private *711 [8] The concern of the Court of Appeal below hospital when asserting malpractice claims; (4) that an improperly captioned document could have plaintiffs ***128 were ignorant of the hospital's an unintended legal effect is likewisemisplaced. public entity status; and (5) plaintiffs relied on the First, it is settled that the caption or title of a notice hospital's concealment of its status to their **358 does not diminish its legal effect as a claim. detriment by treating it as a private hospital, which (Scruggs v. Haynes (1967) 252 Cal.App.2d 256, was prejudicial to their claim.: 268, 60 Cal.Rptr. 355; see also Foster v. McFadden, supra, 30 Cal.App.3d at p. 947, 106 *712 As explained, however; defendants are barred Copr. C West 1998 No Claim to©rig. U.S. Govt. Works o 263 Cal.Rptr. 119 Page 9 (Cite as: 49 CaUd 699, *712, 780 P.2d 349, **358, 263 Cal.Rptr. 119, ***12$) under sections 910.8, 911, and 911.3 from treating of the Court of Appeals with directions to remand to plaintiffs' 364 notice as insufficient to comply with the trial court with directions to vacate its order the act. It is therefore unnecessary for us to dismissing the action and to issue an order consider whether defendants are also barred under overruling the demurrer. principles of estoppel from claiming such noncompliance. LUCAS, C.J., and MOSK, BROUSSARD, PANELLI, EAGLESON and KENNARD, JJ., III. concur. For the foregoing reasons, we reverse the judgment .END OF DOCUMENT Copr. C West 1998 No Claim to Orig. U.S. Govt. Works h *END*END*END*END*END*END*END*END*END*END*END*END*END*END*END*END*END*END*END*END*END* 1356004 - HARVEY,GREGORY C Date and Time Printing Started: 06/26/98 05:52:57 pm(Central) Date and Time Printing Ended: 06/26/98 05:53:08 pm(Central) Offline Transmission Time: 00:00:11 Number of Requests in Group: 1 Number of Lines Charged: 612 *END*END*END*END*END*END*END*END*END*END*END*END*END*END*END*END*END*END*END*END*END* CLAIM t-W BOARD OF SUPERYISORS OF CDNERA COSTA CDIIND� A Q NIA ROMDAM July 28, 1998 Claim: Against the County, or District Governed by } 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 California Government Codes. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given C1R3W M pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". JUN 1 AMOUNT: Exceeds $10,000 COUNTY COUNSEL CLAIMANT: Nicholas Souza MARTINEZ CALIF. ATTORNEY: Digardi & Campbell DATE RECEIVED: City Center Plaza ADDRESS: 499 14th Street Ste 210 BY DELIVERY TO CLERK. ON: Oakland CA 94612 BY MAIL POSTMARKED: June 25, 1998 Z FROVI: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELO , Clerk Ae Dated: June 26, 1998 By: Deputy — 4e�� II. FROM- County Counsel TO: Clerk of the Board of Supervisors { This claim complies substantially with Sections 910 and 910.2. ( ) This claim PAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: "X By: Deputy County Counsel. t M. 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 th this is a true and correct copy of the Board's Order ente ed in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By --qty Clerk ��Io 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. *Por Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAHING 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 c�t`tified copy of this Board Order and Notice to Claimant , dressed to the claimant as shown above. Dated: By: PHIL BATCHELORy Clerk CC: County Counsel County Administrator 1 CLAIM AGAINST COUNTY OF CONTRA COSTA ` S 21-10ARD Or-SUK:' (a) Name and address of claimant : NICHOLAS SOUZA< s` 3 1044 Arlington "Way Martinez, CA 94553 4 5 (b) Send all notices to: DIGARDI CAMPBELL City Center Plaza 6 499 - 14th Street, Suite 210 Oakland, CA 94612 7 8 (c) Date of occurrence : January 1, 1998 - January 14, 1998 9 Place of occurrence : Martinez Health Center/ 10 Merrithew Memorial Hospital/ Regional Medical Center 11 2500 Alhambra Avenue Martinez, CA 94553 12 13 Circumstances of occurrence: Claimant was a patient at the 14 Martinez Health Center/Merrithew Memorial Hospital/Regional 15 Medical Center from January 1, 1998 through and including 16 January 14, 1998 for treatment for injuries following a motor 17 vehicle accident . Martinez Health Center/Merrithew Memorial 18 Hospital/Regional Medical Center were at all pertinent times 19 owned, operated and controlled by the County of Contra Costa. 20 The claimant received inadequate and improper emergency room 21 care, was improperly diagnosed, did not receive proper testing o 22 analysis of testing made, and in other particulars, not yet full 23 known, received negligent care or treatment . Claimant underwent 24 procedures to repair the small bowel, sigmoid resection with 25 colostomy and Hartmann' s pouch, and exploratory laparotomy. As 26 result of the negligent care and treatment rendered to him, 27 claimant sustained substantial infection, blood loss, damage to 28 internal organs, and possibly other injuries not yet fully known DIGARDI&CAMPBELL - - ATTORNEYS AT LAW 1 The care and treatment provided to claimant was done in a 2 careless and negligent manner. 3 (d) General description of.- injury,--damage or loss incurred: 4 Claimant sustained infection, blood Loss, and possible damage to 5 internal organs. Procedures to perform perforated ilium and 6 sigmoid colon were unnecessarily delayed and the treatment 7 complicated and compromised by delays in diagnosis, testing and 8 treatment . ether possible injuries may have occurred. 9 (e) Names of public employees causing damages: Names of all of 10 the employees involved are not currently known. 11 (f) Amount of claim and basis of computation: Pursuant to 12 Government Code §910, the amount of general and special damages 13 exceed $10, 000 and are therefore not further specified. 14 Jurisdiction over this claim would rest with the Superior Court . 15 DATED: June Z 1998 16 DIGARDI & CAMPBELL '`) 17 - --' Joh W. ampbell 18 At orneys f Claimant 19 20 21 Receipt of a copy of the within claim is hereby acknowledge 22 this day of 1998 . 23 By 24 Title 25 26 27 28 DIGARDI&CAMPBELL -2- ATTORNEY$AT LAW 1 2 DECLARATION OF SERVICE VIA FACSIMILE 3 I, the undersigned, am a citizen of the United States, 4 over the age of eighteen (18) and not a g g party to the within 5 cause or proceeding; my business address is City Center Plaza, 6 499 - 14th Street, Suite 210, Oakland, California 94612 . On JuneZ 1998, I served the within CLAIM AGAINST COUNTY OF CONTRA COSTA in said action by sending a true 'copy thereof via 9 facsimile and first class mail, addressed as follows : 10 Martinez Health Center/ (VSA CERTIFIED MAIL) 11 Merrithew Memorial Hospital/ Regional Medical Center 12 2500 Alhambra Avenue Martinez, CA 94553 13 14 Board of Supervisors (VIA CERTIFIED MAIL) County of Contra Costa 15 651 Pine Martinez, CA 94553 16 17 I declare under penalty of perjury that the foregoing is 18 true and correct . 19 to Dana L. DeMonte 20 21 22 23 24 25 26 27 28 ,IGARDI&CAMPBELL ATTORNEYS AT LAW n � { { � � 41 m m \ . . \ i } w ■ m Z : cr 4 7 , k U) : a 44 } :. �44 0 S N :? t0 CL �CQU $ 2 } . , } 2 \ ■ } [ 05 } / ! �