HomeMy WebLinkAboutMINUTES - 11011983 - 1.18 s 1
CLAIM
BOARD OF SUPERVISORS OF CORM COSTA C DQ1TY, C hLIFOEVIA BOARD ACTION
Claim Against the COUnty, ) mm 70 CLAIMAW November 1, 1983
Routing F-dorsements, and ) The copy of this document mailed to you is your
Board Action. (All Section ) notice of the action taken on your claim by the
references are to California ) Board of Supervisors (Paragraph III, below) ,
GDdE1-:7l1.eflt Cbde.) ) given pursuant to Cho mmwnt Code Sections 913
& 915.4. Please note the "Warning" below.
Claimant: George Margelony
Attorney: Steven L . Weiner, Esq
2723 Crow Canyon Road, Suite 208
Address: San Ramon, California 94583
Amount: Unspecified
By delivery to Clerk on
Date dived: September 27 , 1983 By mail, postmarked on 9/9rR,l
Certified Mail P 225 021 75R
I. FROM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted
DATED: 9/27/83 J.R. CLSSCN, Clerk, By �I lr ,� Deputy
Kel v R. Calhoun
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check one only)
( /� ) This Claim ealplies substantially with Sections 910 and 910.2.
( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, arra we
are so notifying claimant. The Board cannot act for 15 days (Section 910.8) .
( ) Claim is not timely filed. Board should reject claim on ground that it was
filed late. (5911.2)
DATED: _Q, a-Y3J0M B. CIAum N, County Counsel, 13y-zl
��-• , Deputy
III. BOARD ORDER By uaannrous vote of Supervisors present
( This claim is rejected in full.
( ) This claim is rejected in full because it was not presented within the time
allowed by law.
I certify that this is a true and correct copy of the Board's Order entered
in its minutes for this date.
DATED: NOV 1 1983 J.R. OWSON, Clerk, b�Z, Deputy
WARM4G (Gov't. C. 5913)
Subject to certain oceptions, you have only six (6) months from
the date this entice was persorsally delivered or deposited in the mail to
file-a court action on this claim. See Goverrment Code section 945.6.
You may seek the advice of any attorney of your choice in connection
with this natter. If you want to consult an attorney, you should do so
Immediately.
IV. FiiDNi: Clerk of the 16aid 70: County , 2 County strator
Attached are copies of the above Claim. We notified the claimant of the
Board's action on this Claim by mailing a copy of this document, and a
mero thereof has been filed and endorsed on the Board's copy of this .t .
Claim in accordance with Section 29703.
NOV 1 1983 J. R. CLSSCN, clerk, JC�I�Deputy
F .
4_
i • _ F
WR''Tcl
TO: CONTRA COSTA COUNTY HOSPITAL
2500 ALHAMBRA BLVD.
MARTINEZ, CA 94553
J.,,R. OLSSCN
CLERK B F;L' OF S 'PERVISORJS
Law Office of Steven L. Weiner hereby presents this
claim to Contra Costa County pursuant to 5910 of the California
Government Code.
1. The name and post office address of Claimant is:
George Margelony, 753 Castle Court, Brentwood, California.
2 . The post office address to which Mr. George Margelony
desires notice of this claim to be sent is as follows:
c/o Steven L. Weiner, Esq. , 2723 Crow Canyon Road, Suite 208,
San Ramon, California 94583.
3. On June 24 , 1983, claimant was walking in County
Hospital in Martinez, 2500 Alhambra Boulevard, when due to
a foreign substance on the floor, he slipped and fell. The
existance of this foreign substance was the proximate result
of the county's or state's negligence in maintaining the
premises properly. Therefore as the proximate result of
said negligence plaintiff was severely injured.
4. Claimant suffered severe personal injury to wit:
head, neck, back, shoulder, contusions, lacerations and
resulting pain.
5. So far as it is known to Steven L. Weiner, attorney
for claimant , at the date of filing this claim,claimant ,
George Margelony, has incurred damages according to proof.
6. The name- or names of the public employee or employees
responsible is/are unknown at the time of the presentation
of this claim.
7. At the time of presentation of this claim, claimant
George Margelony claims damages according to proof.
Dated: September 21, 1983
A,TEVEN.L. , W/4EINER
yor Claimant
E 077
PROOF OF SERVICE BY MAIL - CCP 1013o, 20154
I declare that:
it
it 1 am (a resident eflempioyed in) the county of'.........00.t.iFRA..C.DSM A. ....... ... ... ......................................... . .... .California.
IC OLIN Tv IN MERE MAILING OCCURNSO)
3 1 am over the age of eighteen years and not a party of the within entitled cause; my(bus ine ss/reside nee)address is:
2723 Crol-i Canyon 171oad, Suite 208, San Ramon,, CPt 94583
.............................................................................................................................................................................................................
On . ...........9/26/83 ........ ........... I served the attached ......C.L...AI.... ..M................................................................................
............................. ...
(DATE)
interested narties
...... . ...... on the ....:..............................I:............................ ..... ...........
II
in said cause, by placing a true copy thereof enclosed in a sealed envelope with Postage thereon fully prepaid.in the
San Ramn, CA
9 United States mail at ..... ...... ... .. . . ...................... ................................... . ... ..... . ................addressed as follows,
101j Contra Costa County Hospital
2500 Alhambra Blvd.
Martinez , CA 94553
State of California
Attorney General's office
13 350 McAllister
San Francisco, CA 94102
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Clerk of the Board of Supervisors
15 P. 0. Box 911
Martinez, CA 94553
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23 I 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed an
24 I .91.2.618.3........................................................ at.................W...Rc'iT?IDn....... ............................... California
IDATZ) 4PLACC)
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D. PEASLEE '7'Q)jt'1L,
26 .... . .........................................I.......I....................................
(TYPE OR PRINT NAME/ SIGNATURE
II
078
;I BARON PRESS FORM NO. 22
CLAIM
BOARD OF SUPERVISORS OF arm Q76TA QJu1:TY, CALIFORNIA BOAM ACTION
Clain i m Against the County,,
) IV= Ta CLAIMA Tp November 1, 1983
iiouting Ehdorsements, and ) The copy of this document mailed to you is your
Board Action. (All Section ) notice of the action taken on your claim by the
references are to California ) Board of Supervisors (Paragraph III, below) ,
Government Code.) ) given pursuant to Government Code Sections 913
& 915.4. Please note the "Warning" below.
Wit: Elza Vaughn Mathews
Attorney: Allen Williams
P .O. Box 1577 - -
Address: Pittsburg, CA 94565-0157 ed
Amounts $5, 000, 000. 00 Bya delivelry 9 Zlerk on 9/27/83
Date Received: September 27 , 1983 By mail, postmarked on
I. F MM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a Dopy of the above--noted Claim.
DATED: 9/27/83 J.R. CISSON, Clerk, By , Deputy
KP-11/6 R- Cnlhniin
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check one only)
( ) This Claim complies substantially with Sections 910 and 910.2.
(�) This Claim FAIIS 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. Board should reject claim on ground that it was
filed late. (5911.2)
DATED: I- 2 $ - $7
2JOHN B. CLAUSEN, County Oounsel, By , Deputy
II BOARD ORDER By unanimous vote of Supervisors pre
( ) This claim is rejected in full.
( ) This claim is rejected in full because it was not presented within the time
allowed by law.
I certify that this is a true and correct copy of the Board's Order entered
in its minutes for this date.
DATED: NOV 1 1983 J.R. O SSCNI Clerk,lz� • Deputy
WATUM (Gov't. C. S913)
Subject to certain exceptions, you have only six (6) months frrin
the date this notice was personally delivered or deposited in the mail to
file'a court action cap this claim. See Government Code Section 945.6.
You may seek the advice of any attorney of your dice in amuecti.on
with this matter. If you want to consult an attorney, you should do so
inmediately.
IV. FRE.- Clerk of the Board 70: County , 2 County suitor
Attached are copies of the above Claim. Ne notified the claimant of the
Board's action an this Claim by mailing a copy of this domvent, and a
memo thereof has been filed and endorsed an the Board's copy of this
Claim in accordance with Section 29703.
DATED: NOV 1 1983 J• R. OSSON# Clark, DeyYtj
079
1 ALLEN WILLIAMS, SQ.
at La
Attorney at Law
2 1901 Railroad Avenue I L UD
Post Office Box 1577
3 Pittsburg, California 94565-0157LCU-LEERK
Telephone: (415) 432-6456
cLE,.R,
4 Attorney for Claimant O5ELZA VAUGHN MATHEWS :
6
7 CLAIM OF ) CLAIM FOR DAMAGES
GOVERNMENT CODE §910-911.2
8 ELZA VAUGHN MATHEWS , )
9 Claimant. )
)
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11 TO: COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA:
12 YOU ARE HEREBY NOTIFIED THAT ELZA VAUGHN MATHEWS, whose
13 mailing address is P.O. Box 1577, Pittsburg, California 94565,
14 claims damages from the County of Contra Costa, State of California,
15 in the amount of $5,000, 000. 00.
16 THIS CLAIM is based upon damages to personal reputation, earni g;
17 health and well being suffered by claimant on or about August 4, 1981 ,
18 and continuing to the present, under the following circumstances:
19 Malicious prosecution of a criminal action; Malicious abuse
20 of the process of the Court; Slander; Liable; and Defamation by
21 the agents and employees of the above entity in the prosecution
22 of Claimant in Case No. 19600, filed in Delta Municipal Court on or
23 about September 3, 1981; Case No. 26129 , filed in the Superior Court
24 Contra Costa County, on or about January 28 , 1982; Refiled in
25 Delta Municipal Court on or about September 10, 1982 , being
26 Case No. 23326-2; and Superior Court on Contra Costa County, Case
27 No. 27382. Copies of Complaints and Information of same are attache
28 hereto and made a part hereof.
ALLEN WILLIAMS ., o
.fd9A'onnsy a!�,.
1901 RAILROAD AVENUE
Pr TSBURO,CA 94565 _
P.O. BOX 1577
1AI<I AA1-AA4[
' e
s)
c
1 The identity of the agents and employees who are known
2 to claimant and reasponsible for the aforesaid damages are as
3 follows:
4 1. WILLIAM A. O'MALLEY, District Attorney for the County
of Contra Costa;
5
2. JOHN BELCHER, Deputy District Attorney for the County
6 of Contra Costa;
7 3. COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA.
8 The damages sustained by Claimant amount to $5, 000, 000 . 00 .
9 All notices or other communications with regard to this
10 claim should be sent to ALLEN WILLIAMS, P.O. Box 1577, Pittsburg,
11 California 94565-0157.
12 Dated: September 22, 1983
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14 4
ELZ GHN HEW ,.,, aimant
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Z-AL EN WILLIAMS
17 Attorney for Claimant
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ALLEN WILLIAMS
. atm. 081
1901 RAILROAD AVENUE —2—
PrMBURG,CA 91565
P.O. BOX 1577
(415) 132.6156
r
MUNICIPAL COURT OF CALIFORNIA, COUNTY OF CJi4'1w COSTA
DELTA JUDICIAL DISTRICT DA# 75842
THE PEOPLE OF THE STATE OF CALIFORNIA CCIN #
VS. ) CRIMINAL COMPLAINT
ELZA VAUGHN MATHEWS, 1960 (Felony)
1) 484-487 (1) PC
DefendantW.
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA SS.
The undersigned states , on information and belief, that
the above named , defendant ijs did commit the crime of
Felony, to wit : VIOLATION OF SECTION 484-487 (1) of the
CALIFORNIA PF.NA7, CODE
(Grand Theft) in that said defendant N) on or about
March. 1981 through June , 1981 at Pittsburg , in Contra Costa County,
State of California, did then and there unlawfully, wilfully and feloniously take
away the property of A.D. Seeno Construction Compnay, consisting of
tools, parts and equipment, of a value in excess of two hundred dol-
lars, while an agent, servant an employee of A.D. Seeno Construction
Company.
Complainant requests that defendant(s) be dealt with according to law.
I declare under penalty of perjury that the foregoing is true and correct.
Dated: September 3, 1981 at Concord, California.
pp�� C. White Complainant/Agency
Robert J.p"f 6 tr ct Attorney
�lsy/ c Pittsburg Police Departme
(CRIMINAL COMPLAIN7 91p6-973 P.C.) g 2
DA-125A(C) Rev. 3/81
SUPERIOR COURT OF THE STATE OF CALIFORNIA
1N AND FOR THE COUNTY OF CONTRA COSTA
THE PEOPLE OF THE STATE OF CALIFORNIA No. 26129
against
IL INFORMATION
ELZA VAUGHN MATHEWS,
A 1 42 81982 1) 484-487 (l) PC
Defend It OLS�ON, Coon CM
ICp► *r C=A COUWY
C. BONAVERA
In the Superior Court of the State of California, in and for the County of Contra Costa:
The District Attorney of the County of Contra Costa hereby accuses
ELZA VAUGHN MATHEWS, defendant of the crime of Felony, to wit, violation of
CALIFORNIA PENAL CODE SECTION 484-487 (l) committed as follows, to wit:
(Grand Theft)
That said defendant on orabout March, 1981 through June, 1981 , at Pittsburg ,
in Contra Costa County, State of California, did then and there unlawfully, willfully and feloniously take
away the property of A.D. Seeno Construction Company, consisting of tools ,
parts and equipment, of a value in excess of two hundred dollars, while
an agent, servant and employee of A.D. Seeno Construction Company.
WILLIAM A. O'MALLEY
District Attorney
Edward A. Langthorn
Deputy District Attorney
EAL:pc
'053
MUNICIPAL URT OF CALIFORNIA, COUNTY OF Cu.., RA COSTA
DELTA JUDICIAL DISTRICT
THE PEOPLE OF THE STATE OF CALIFORNIA R E F I L E
VS, DA# 75842
CRIMINAL COMPLAINT
ELZA VAUGHN MATHEWS, ) (Felony)
Defendant(*#. � 1) 484-487 (-l) PC
233.2
STATE OF CALIFORNIA ss.
COUNTY OF CONTRA COSTA
The undersigned states, on information and belief, that
the above named , defendantksx) , did commit the crime of
Felony, to wit: VIOLATION OF SECTION 424-4q-7 (1 ) of the
CALIFORNIA DrMnT. CODE
(Grand Theft-Over $200) in that said defendant(xs) on or about
March, 1981 - June, 1981 , at Pittsburg in Contra Costa County,
State of California, did then and there unlawfully, wilfully and feloniously take
away the property of A.D. Seeno Construction Company, consisting of
too parts and equipment, of a value in excess of two hundred dol-
lars, while an agent, servant and employee of A.D. Seeno Construction
Company.
Complainant requests that defendant(s) be dealt with according to law.
I declare under penalty of perjury that the foregoing is true and correct.
Dated: September 10 , 1982 at Concord, California.
C. white Complainant/Agencyc
Edward DAputLa��df ATotorney Pittsburg Police Department 084
(CRIMINAL COMPLAINT 948-973 P.C.)
nA-iocefrl D-" 0 he
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF CONTRA COSTA
HE PEOPLE OF THE STATE OF CALIFORNIA No. o� 7
against
INFORMATION
ELZA VAUGHN MATHEWS,
1) 484-487 (l)
1
Defendant I - Er D
J. R. W,-:0:l, Cj:,ith, CI).,
In the Superior Court of the State of California, in and for the County of Contra Costa: CJ:;r, 1 �u,•.;,
The District Attorney of the County of Contra Costa hereby accuses
ELZA VAUGHN MATHEWS, defendant of the crime of Felony, to wit, violation of
CALIFORNIA PENAL CODE SECTION 484-487 (1)
(Grand Theft-Over $200) committed as follows, to wit:
That said defendant on orabout March, 1981 - June, 1981, at Pittsburg ,
in Contra Costa County, State of California, did then and there unlawfully, willfully and feloniously take
away the property of A.D. Seeno Construction Company, consisting of tools ,
parts and equipment, of a value in excess of two hundred dollars, while
'n agent, servant and employee of A.D. Seeno Construction Company.
WILLIAM A. O'MALLEY
District Attorney
Mimi Johnson Jacobs
Deputy District Attorney
MMJ:pc
085
flA-1RS
1
CLAIM
BOARD OF SUPERVISORS OF COWMA COSTA COU:TY. CALIFORNIA BOARD ACTION
Claim Against the Wunty. ) "M TO CLAnV= November 1, 1983
Luting Endorsements, and ) The copy of this document mailed to you is your
Board Action. (All Section ) notice of the action taken on your claim by the
references are to California ) Board of Supervisors (paragraph III, below) ,
Goverment ODdc.) ) given pursuant to Government Code Sections 913
6 915.4. please note the "Warning" below.
Claimant: David Ben-Jacob
Attorney: Fred L. Kurlander
Attorneys at Law —
Address: 311 California Street, Suite 618
San Francisco, California ' 94104
Amount: $50,000. 00 •
By delivery to Clerk on
Date'Received: September 27 , 1983 By mail, postmarked on Unspecif ied
Certified Mail-No
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-notedClaim.
DA=: 9/27/83 J.R. C SSON, Clerk, By , Deputy
-Telly . Calhoun
Ii. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check one only)
( ) This Claim omplies 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 910.6) .
( ) Claim is not timely filed. Board should reject claim on ground that it was
filed late. (§911.2)
DATED: I— 0 $ 'S5 D3 JOHN B. ClAUSEN, County Counsel. By - . Deputy
III. BOARD ORZER By unanimous vote of Supervisors presen
T><. This claim is rejected in full.
( ) This claim is rejected in full because it was not presented within the time
allowed by law.
I certify that this is a true and correct copy of the Board's order entered
in its minutes for this date.
NOV 1 1983 J.R. as ssaN, Clark,
�� Deputy
WNWIW (Gov't. C. 6913)
Subject to Certain exoeptimis, you have only six (6) months from
the date this notice was persoDally delivered or deposited in the mail to
file's court action on this claim. See Government Code Section 945.6.
You may seek the advice of any attorney of your choice in connection
with this matter. If you want to consult an attorney, you should do so
immediately.
IV. FKX: Clerk of the Board 70: County , 2 County strator
Attached are copies of the above Claim. Vae notified the claimant of the
Board's action on this Claim by mailing a copy of this document, and a
vat thereof has been filed and endorsed on the Board's copy of this
Claim in accordance with Section 29703.
DATED:. NOV 1 1983 J. R. O SSON, Clerk,, �� >P�x/ Deputy
086
I LAW OFFICES OF FRED L. KURLANDER
Attorneys at LawEr.
2 311 California Street, Suite 618 _ �.._San Francisco, California 94104 . D
3 (415) 392-8920
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c' ri
Attorneys for Claimant c _ u =Rviro
5 a
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7 CLAIM
8 DAVID BEN-JACOB presents a claim against the County of Contra
9 Costa in the sum of Fifty Thousand Dollars ($50,000 .00) .
10 CLAIMANT RESIDES AT: 2272 Tice Valley Boulevard, County of
11 Contra C6sta, California, 94545.
12 DATE OF OCCURRENCE: August 17, 1983.
13 PLACE OF OCCURRENCE: Tice Valley Boulevard at Castle Glen
14 Road, County of Contra Costa, State of California.
15 SAID CLAIM ARISES OUT OF THE FOLLOWING CIRCUMSTANCES:
16 Claimant, DAVID BEN-JACOB, was backing out of his driveway,
17 located at 2272 Tice Valley Boulevard, County of Contra Costa,
18 State of California, in a careful and prudent manner, when his
19 vehicle was struck by a vehicle driven by WALTER HENRY NIELAND,
20 travelling west on Tice Valley Boulevard. The accident was the
21 fault of Mr. NIELAND, and in addition was the fault of the COUNTY
22 OF CONTRA COSTA, in the design, m6intenance and inspection of the
23 dangerous condition, to wit: the street area of Tice Valley
24 Boulevard, at and about the accident scene, allowing the existence
25 of a dangerous curve in the roadway without warning of the possi-
26 bility of vehicles backing out onto the highway or other speed
27 warnings. This dangerous condition created a substantial risk that
28 an accident would occur, and it was foreseeable to the COUNTY OF
08'7
1 CONTRA COSTA that an accident would occur. The COUNTY OF CONTRA
2 COSTA had actual and constructive notice of the dangerous condition
3 of the roadway.
4 ITEMS, NATURE AND EXTENT OF DAMAGES AND INJURIES :
5 Claimant suffered injuries to his back, leg and neck, headaches,
6 and further injuries to his body and nervous system, externally and
7 internally, the exact extent of such injuries and the total amount
8 of medical bills and income loss being presently unknown. In addi-
9 tion, Claimant suffered damage to his 1983 Cadillac motor vehicle,
10 the exact amount of said damage being presently unknown, as well as
11 the loss of use of same .
12
13 DATED: September-5, 1983
14
FRED L. KU DER
15 Attorney for Claimant
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2 088
CLAIM
BOARD OF S TERP.LSORS OF CMMh COSTA CW-TY, CAI.IFD TIA BOARD ACTION
Claim Against the Oouity, ) WTE 10 CLAIINTT November 1, 1983
Luting Endorswents, and ) The copy of this document mailed to you is your
Board Actior_. (All Section ) notice of the action taken on your claim by the
references are to California ) Board of Supendsors (Paragraph III, below) ,
Government code.) ) given pursuant to Government Code Sections 913
& 915.4. Please note the "Warning" below.
Claimant: Hollis Jackson, 3415 Ohio Street , Richmond, CA 94804
Attorney:
Address: - -
Amount: Unspecified Iia d liv PP��
Sy lige Uea rk on 9/27/83
Date Received: September 27 , 1983 BY mail, postmarked on
I. FROM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted Claim.
DATED: 9/27/83 J.R. CISSCN, Clerk, , Deputy
Kell R. Calhoun
II. FRCM: Co my Counsel 70: Clerk of the Board of Supervisors
(Check one only)
( ) 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 cm=t act for 15 days (Section 910.8) .
( ) Claim is not timely filed. Board should reject claim on ground that it was
filed late. (§911.2)
DATED: I ` Z �'13 JORN B. CImsm county Counsel, By , Deputy
III. BOARD ORDER By unanimous vote of Supervisors presept
This claim is rejected in full.
( ) This claim is rejected in full because it was not presented within the time
allowed by law.
I certify that this is a true and correct copy of the Board's Order entered
in its minutes for this date.
HATED: NOV 1 1983 J.R. Cl[SSON, Clerk, C , Deputy
MAX41W (Gov't. C. S913)
Subject to certain exceptions, you have only six (6) months from
the date this notice was personally delivered or deposited in the mail to
file-a om=t action on this claim. See mvenment Code Section 945.6.
You may seek the advice of any attorney of your choice in oonuwction
with this matter. If you want to consult an attorney, you should do so
inmoediately.
Iv. FROM: Clerk of the Board 70: County Qxnsel, 2 County strator
Attached are copies of the above Claim. Vb notified the claimant of the
Board's action on this Claim by mailing a copy of this document, arra a
memo thereof has been filed and endorsed on the Board's copy of this
Claim in accordance with Section 29703.
DATED: NOV 1 1983 J. R. C SSCN, CO3ark, 11�1�
ORO
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8 CLAIM AGAI14ST PUBLIC ENTITY, GC §910
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10 To: Clerk of the Board of Supervisors
COUNTY OF CONTRA COSTA
11 651 Pine Street North
PO Box 911
12 Martinez, CA 94553
13
14 IN THE MATTER OF
15 Claim of HOLLIS JACKSON against the COUNTY OF C014TRA COSTA
and DEPUTY BATTLE
16
17 COMES NOW HOLLIS JACKSON, and makes and presents this claim
18 pursuant to Section 910 of the California Government Code, as
19 follows :
20 1. The name and post office address of the claimant is Hollis
21 Jackson, 3415 Ohio Street, Richmond, California 94804 .
22 2. The above post office address is the address to which
23 notice should be sent.
24 3. Deputy Battle of the Contra Costa Sheriff ' s Department
25 assaulted your claimant on or about June 25, 1983 , Opal Court,
26 North Richmond.
27 4. Your claimant was treated by Contra Costa County Health
28 Services; the exact bills are unknown at this time, but are
091
1 known to the County of Cofrtra Costa.
2 5. The extent of injury is unknown at this time.
3 Date:
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H LLIS; CKSON
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091
CLAIM
BOARD OF SI]PERVISORS OF COtMA COSTA COEDIW, CALIFORNIA BOARD ACTION
Claim Against the County, ) VOTE 70 C[An4ANT November 1 , 1983
Routing Endorsements, and ) The copy of this document mailed to you is your
Board Action. (All Section ) notioe of the action taken on your claim by the
references are to California ) Board of Supervisors (Paragraph III, below) ,
Government Code.) ) given pursuant to Government Code Sections 913
& 915.4. Please note the "Warning" below.
ClaiTmnt: Leslie E . and Ingrid Schuldt
Attorney: Paul Dresnick
•A Professional Corporation -
Address: 225 W. Winton Avenue, Suite 201
Hayward, California 94544
Amount: $100, 000. 00
By delivery to Clerk on
Date Received: September 29, 1983 By mail, postmarked on S eAL Pmh a r Z st , 1983
I. FROM: Clerk of the Board of Supervisors TO: County counsel
Attached is a copy of the above-noted Claim
DATED: 9/29/83 J.R. CLSSON, Clerk, �, Deputy
Ke 1 R. Calhoun
II. FROM: County Course TO: Clerk of the Board of Supervisors
(Check one only)
(Z-,Z) This Claim Complies subst'-Bally with Sections 910 and 910.2.
( ) This Claim FAIIS to scapi s bstantially with Sections 910 and 910.2, arra we
are so notifying claimant. The Board cannot act for 15 days (Section 910.8) .
( ) Claim is not timely filed. Board should reject claim on ground that it was
filed late. (§911.2)
DATED: /0-3—S 3 JOHN Be CIAUSEN, County Counsel, RY . Deputy
III. BOARD OFUM By unanurous vote of Supervisors present
This claim is rejected in full.
( ) This claim is rejected in full because it was not presented within the time
allowed by law.
I certify that this is a true and correct copy of the Board's Order entered
in its minutes for this date.
DATED: NOV 1 1983 J.R. CSSON, Clerk, qty
%A1eIIIa; (Gov't. C. 5913)
Subject to Certain oceptions, you have only six (6) months from
the date this notice was personally delivered or deposited in the mail to
file's court action an this claim. See Government Code Section 945.6.
You may seek the advice of any attorney of your choice in connection
with this matter. If you want to consult an attorney, you should do so
immk ately.
IV. FROM: Clerk of the Board TO: Coua:ty Counsel,, 2 Cmamty strator
Attached are copies of the above Claim. Ute notified the claimant of the
Board's action on this Claim by mailing a copy of this document, and a
10 thereof has been filed arra endorsed an the Board's of this- 0 0 2
Claim in aeoordanoe with Section 29703.
DATA: NOV 1 1983 J. R. 11=1 a , Deputy
I t �ia I�4•--^: J
1 CLAIM AGAINST PUBLIC ENTITY -I. R. c..ss-D'
CLERKR0.43i? GF SU?ERVIJOKS
C }i.R. .C" li 1C7.'/
2 ITO: COUNTY OF CONTRA COSTA '----—ZWY
j
3 i LESLIE E. and INGRID SCHULDT hereby make claim against the
4 COUNTY OF CONTRA COSTA for a sum in excess of $100 , 000. 00 and
j
5 imake the following statements in support of the claim.
6 1. Claimants ' post office address is 2253 Tahiti Drive,
7 1San Ramon, CA 94583 .
8 !: 2 . Notices concerning the claim should be sent to
9 ijclaimants ' attorney, PAUL DRESNICK, a Professional Corporation,
i'
10 !,225 W. Winton Avenue, Suite 201, Hayward, CA 94544 .
I'
11 3• The date and place of the occurrence giving rise to
12 I!1this claim are June 26 , 1983 , on Tahiti Drive, San Ramon,
!'
13 ;Contra Costa County, California.
i�
14 4 . The circumstances giving rise to this claim are as
i
15 (follows: The County of Contra Costa was negligent in failing
i
16 Ito install a cross walk and/or warning signs to inform
17 ;approaching motorists to use caution. As a proximate result
18 (Michael Christopher Magda failed to use caution and his auto
19 (struck claimants ' child causing his death.
20 5. Claimants ' injuries consist of loss of society and
21 icompanionship of their child, Bjorn G. Schuldt.
I
22 6 . The names of the public employees causing the claimants '
23 injuries are unknown.
24 7. Our claim as of the date of this claim is in excess of
25 ($100,)000 . 00.
26 I 8 . The basis of computation of the amount is for medical
PAUL DRESNICK _
A Professional Corporation —1 093
225 WEST WINTON AVE.
SUITE 201
HAYWARD,CA 84544
(415)785-1150
I expenses incurred, funeral expenses and loss of society and
�I
2 !companionship of their child, Bjorn G. Schuldt, all in an
3 amount unknown at the present time, and general damages for pain
4 I!land suffering.
5 II DATED: September 26 , 1983.
7 Ii
PAUL DRESNICK
g Attorney for Claimants
i.
9
10
II
11 �
12
13 I;
it
14
I
15
i
16
17 i
I
18
i
19
20
21
I
22
23
24
25
26
PAUL DRESNICK
A Professional Corporation n n
225 WEST WINTON AVE. 1, ! 1•i
SUITE 201 v v
HAYWARD,CA 84544
(415)785-1150
-2-
PROOF OF SERVICE BY MAIL -- CCP 1013a, 2015. 5
I declare that: I am employed in the County of Alameda, California.
I am over the age of eighteen years and not a party to the within
entitled cause; my business address is 225 W. Winton Avenue, #201 ,
Hayward, CA 94544. On September 26, 1983 , I served the attached
CLAIM AGAINST PUBLIC ENTITY
on the parties in saidcause, by placing a true copy thereof enclosed
in a sealed envelope with postage thereon fully prepaid, in the
United States Mail at Hayward, California, addressed as follows:
Board of Supervisors
County of Contra Costa
651 Pine Street
Martinez, CA 94553
I declare under penalty of perjury that the foregoing is true and
correct, and that this declaration was executed on Sept. 26j' 1983,
at Hayward, California.
r�
MXR
� / plc ✓.�-,-<
Y LOU VINCENT
J
095
CLAIM
BOAFm of SUPERVISORS OF CORM COSTA COOTZ'Y, CALIMIMA BOARD ACTION
Claim Against the County, ) N= TO CZ,AIMAW November .1, 1983
Routing Endorsements, and ) The copy of this document mailed to you is your
Board Action. (All Section ) notice of the action taken on your claim by the
references are to California ) Board of Supervisors (Paragraph III, below) ,
Gavernment Code.) ) given pursuant to Government Code Sections 913
& 915.4. Please note the "warnfng" below.
Claimant: Geraldine R. Rosine & Bernelle Johnson
Attorney: Douglas Swagen
" 3220 Blume Drive -
Address: Richmond, CA
Amount: Unspecifed
By delivery to Clerk on
DateReceived:September 28, 1983 By mail, postmarked on Unknown
I. FFCM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted
M/Z&X-
DATED: 9/28/83 J.R. CISSON, Clerk, By Deputy
Kelly K. Calhoun
II. FROM: County Course TO: Clerk of the Board of Supervisors
(Check one only) \
(,X) Thisp lies substantially with Sections 910 and 910.2. 1 )
w�y
(X ) This FAILS to cmiply substantially with Sections 910 and 910.2, and we
are so notifying claimant. The Board cannot act for 15 days (Sectionwas910.@Z.
( ) Claim is not timely filed. Board sh reject clai�ti or�gro�id ttt it
filed late. (§911.2)
DATED: l�— 3 JOHN B. CLAUSE[), County Counsel, By , Deputy
III. BOAFm OFUM By unanimous vote of Supervisors presight
This claim is rejected in full. Mea/lo�gx,�y�'y�
This claim is zjected in full because it was not pted within the time
allowed by law ooh«AOx c/ulrVye f� rPu/�o�o�rfy;��u•�y
I certify that this is a true and correct copy of the Board's Oder entered
in its minutes for this date.
DATED: NOV 1 1983 J.R. =SCN, Clerk, �. Deputy
MAIMM (Gov't. C. 6913)
Subject to certain exceptions, you have only six (6) months from
the date this notice was personally delivered or deposited in the mail to
file-a court action an this claim. See Government Code Section 945.6.
You may seek the advice of any attorney of your choice in connection
with this matter. If you want to ommalt an attorney, you should do so
immediately.
IV. of the Board 70: County Counsel,, 2 County strator
Attached are copies of the above Claim. We notified the claimant of the
Board's action on this Claim by mailing a copy of this document, and a
maw thereof has been filed and endorsed on the Board's copy of this
Claim in accordance with Section 29703.
DAM:. Nov 1 w03 J. R. MESONg Clerk,
CLAIM-TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Instructions '.:o Claimant
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day 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. (Sec. 911. 2 , Govt. Code)
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 (or mail to P.O. Box 911, Martinez, .CA) .
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 ent _ty, separate claims
must be filed against each public entity.
E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end
of tthis form.
RE: Claim by y ) Reserved for Clerk' s filing stamps
D
_JD 11 V1 01-1i
Against the COUNTY OF CONTRA COSTA) C. 2 ,) 19$j
or DISTRICT) �� '�'
C:: B BAR f SUPERVI RS
Fill .in name ) Nr
e _.o-
The undersigned claimant hereby makes claim against the County of .Contra
Costa or the above-named District in the sum of $
and in support of this claim represents as follows :
------------------------------------------- ----------------------------
1. When did the damage or injury occur? (Give exact date and hour)
71r'a�.c-!2 �' .• ;'lam
-----••-----T—------ --------T-�-------------------- --------------------
How
---
2. Where did the damage or injury occur? (Include city and county)
3. How did the damage or injury occur? (Give full details, use extra
sheets if required)
.1�4 �lrrc✓ ,Gc�GuG,•�� SLE-tcc� IKG,�-fir�.0 ..c'/c.f- w.�.n�Gcry �-���� Cc-/ (/—Zcr" /�f-6l�tG�
-------------T---------------T--T-----------------------------T---------
4. What particular act or omission on the part of county or district
officers , servants or employees caused the injury or damage?
®1,?Tr)
5. What are the names of county or district officers , servants or
employees causing the damage or injury?
_ -
-- ----- - - ------------ -----------------------------------------
6. What damage or injuries do you claim resulted. (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage) /
.wrv7ti�v -r,�y l�Jc,(y mem
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
--------------^----------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some erson on his behalf. "
Name and Address of Attorney c,w 69f:;:i u
Clai au�nt s Signatur /
31-;Le /Elk-,, x6�� Address qy�
�1 , �� . .
Telephone No. X.22 - 'G ony Telephone No. -723 -311 &
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, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. "
098
',• t ' I l V � /j
' t
n... C U(7Sel
CLAIM :r„`,. 1983
%? o
o
BOARD OF SCTPRR 71SORS OF OMa?A ODM C10U.=, ;,t ACTION
Claim Against the pity, ) VXE TO CLAIMRU November .1, 1983
Routing Endorsements, and ) 7he copy of this document mailed tD you is your
Board Action. (All Section ) notice of the action taken on your claim by the
references are to California ) Board of Supervisors (Paragraph III, below) ,
Government Code.) ) given pursuant to Government Code Sections 913
6 915.4. Please note the "Warning" below.
Claimant: Prasad L. Pollayil, 279 S Harbour Way, Richmond, CA 94801
Attorney:
Address: -
Amount: y500. 00
By delivery to Clerk on
Date Receiv8d:September 29, 1983 By mail, postmarked on
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a Dopy of the shave-meted Claim.
DATED: 9/29/83 J.R. O1,SSCN, Clerk, By Deputy
KeIIy X. Calhoun
II. FROM: County Counsel 10: Clerk of the Board of Supervisors
(Check one only)
( ) This Claim complies substantially with Sections 910 and 910.2.
�) This Claim FA3 S 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. Board should reject claim on ground that it was
filed late. (S911.2)
DATED: /O JOT B. MUIME County Counsel. By . Deputy
III. BOARD CRDER By unanimous vote of Supervisors preen
This claim is rejected in full.
( ) This claim is rejected in full because it was not presented within the time
allowed by law.
I certify that this is a true and correct copy of the Board's Order entered
in its minutes for this date.
DATED: NOV 1 1983 J.R. MZSCN, clerk, �C' lL ��, Deputy
WANffi1G (Gov't. C. 6913)
Subject to certain exceptions, you have only six (6) months from
the date this entice was personally delivered or deposited in the mail to
file-a court action on this claim. See Gavezrment Code Section 945.6.
You may seek the advice of any attorney of your choice in connection
with this matter. If you want to consult an attorney, you should do so
immediately.
FTM: Clerk of the Board RO: County Counsel, 2 County strator
Attached are copies of the above Claim. We notified the claimant of the
Board's action on this Claim by mailing a copy of this document, and a
mom thereof has been filed and endorsed on the Board' copy of this
Claim in accordance with Section 29703. /
DAs: NOV 1 1983 J. R. OffAr 7, clerk,
099
77
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D—AA ct
TIM
CIEM R SUPERVISORS
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-----------
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CDLZ-i-1 M-cl
CLAIM
BOARD OF SOPERVISORS OF CONTRA COSTA COUTY, CUM DRNIA BOARD ACTION
November 1 , 1983
Claim Against the Oounty, ) IWE TO CIAI AW
Routing Endorsements, and ) The copy of this document mailed to you is your
Board Action. (All Section ) notice of the action taken on your claim by the
references are to California ) Board of Supervisors (Paragraph III, below) ,
Government Code.) ) given pursuant to Government Code Sections 913
& 915.4. Please note the "Warning" below.
Claimant: Andrew A. Bury. , 1404 Discovery Bay Blvd Byrdn, Calif . 94514
Attorney:
Address: - -
Amount: $118 . 43
By delivery to Clerk on
Date Received: September 29, 1983 By mail, postmarked on 9/28/83
I. FROM; Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-no7By47
DATED: 9 29 83 J.R. CSSSCN, Clerk, , Deputy
Calhoun
II. FROM: County Counsel TO: Clerk of the Boar of Supervisors
(Cheek one only)
( ) This Claim omplies substantially with Sections 910 and 910.2.
( � ) This Claim F= to amply 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. Board should reject claim on ground that it was
filed late. (§911.2)
DATED: JOHN Be C[AJM, County Counsel, By . Deputy
II\I., BOARD ORCER By unanimous vote of Supervisors present
( x) This claim is rejected in full.
(/ \) This claim is rejected in full because it was not presented within the time
allowed by law.
I certify that this is a true and correct copy of the Board's Order entered
in its minutes for this date.
DATED: N0V 1 1983 J.R. CESSON, Clerk, , Deputy
WATU 3G (Gov't. C. 5913)
Subject to certain exceptions, you have only six (6) months frm
the date this notice was personally delivered or deposited in the mail to
file-a court action on this claim. See Govesniment Code Section 945.6.
You may seek the advice of any attorney of your choice in connection
with this matter. If you want to consult an attorney, you should do so
Immediately.
IV. FROM: Clerk of the Board 70: County Counsel, 2 County strator
Attached are copies of the above Claim. Vile ratified the claimant of the
Board's action on this Claim by mailing a copy of this document, and a
mI mo thereof has been filed and endorsed on the Board's copy of this
Claim in accordance with Section 29703.
DATED:_ NOV 1 1983 J. R. CQSSON, Clerk, by ' L qty
102
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Instructions to Claimant
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day 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. (Sec. 911. 2 , Govt. Code)
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 (.or mail to P. O. Box 911, Martinez , CA)
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity.
E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end
of this form.
************************************************************************
RE: Claim by ) ReserraA r' VIC' m filing stamps
Andrev; r. rury ) F D
Against the COUNTY OF CONTRA COSTA) SEP 29 1983
or DISTRICT) CLER
Fill in name) s� caw-.
-sDoeesu
tv
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $118.43
and in support of this claim represents as follows :
- ------------- ----------------------------- -- ---
1. When did the damage or injury occur? (Give----exact------date-----and----ho-ur]
8/31/83 time 9 :45 A':s"-
---------—T—---------------T-------------------------------------------
2. Where did the damage or injury occur? .(Include city and county)
1404 Discovery ray Blvd. Byron, Ca. Contra Costa County
----------------------------------------------------- --
3. How did the damage or injury occur? (Give full d-;tails, use extra
sheets if required)
sortable Generator trailer came loose from truck and turned over
in my front yard.
- --------------------------------------- ------------ - •----------------
4 , What particular act or omission on the part of county or district
officers , servants or employees !aused the injury er dai,iage?
fie did not have the chain hooked up to hold it in place.
103
5. ,What are the names of county or districtoffioers, servants *r
employees .causing the damage or injury?
9. What damage or injuries do you claim resulted? 16VIve full extent
of injuries or damages claimed. Attach two estimates for auto i
damage)
-------------------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
Highw y Fetrole has the records
-------- -s-----------------------------------------------------------------
----------------------
-------------
8. Names and addresses of witnesses, doctors and hospitals.
-----T-..-----------T-------------------------------T-----T--------T-T----
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf. "
Name and Address of Attorney
Claimantis Signature
Address
Telephone No. Telephone No.
**************************************************************************
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer, or to any county, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. "
104
9/27/83
Contra Costa County
Cost to Repair Damages
Cost to repair damages caused by portable generator trailer
th_.t carie loose from truc':: and turned over in my front yard.
1 . roken lawn sprinkler and pipes 1'6.95
2 . Removed rocks from la-::n
3. Replaced to- soil and dirt used to keep gas from running
do,,-,,n street into storm drain_ 2 bags ; 22 .10
4 . Replaced ground cover plants `x14 .95
5 . Replaced 2 Sun .zalies 016 .50
IF.bor to repair and replace the above , bac]_ to the way it was
before it was damaged by your trailer. 421 hours at 512 .00
pr. hour
Total for material $60.50 Total for Labor , 54 .00
Tax x 3.93
Sub. total $64 .43
Tots1 for material and labor 4"118.43
re� -
Andre,,- ury
1404 iii-overt' =:< lvd
Byron, Cali-"'. 9c514
105
SPPiTO FILE LATE CLAIM I .
BOARD OF SUPERVISORS OF CONTRA COSm-k COtr7"Y, =T-rORNIA BOARD ACTION
Application to File Late ) NOTE TO APPLICANT November 1, 198 3
Claim Against the County, ) The copy of this document mailed to you is your
Routing Endorsements, and ) notice of the action taken on your application by
Board Action. (All Section ) the Board of Supervisors (Paragraph III, below) ,
references are to California ) given pursuant to Government Code Sections 911.8
Government Code.) ) and 915.4. Please note the "Warning" below.
Claimant: Les Warren, individually and dba Stevens Creek Marine
Attorney: Van Loucks & Hanley
675 North First St . , Suite 910
Address: San Jose, CA 95112
Atmunt: Unspecified _
By delivery to Clerk on
Date Received: September 29, 1983 By mail, postmarked on 9/28/83
Certified Mail P 369630 032
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted Applicati to File Late Claim.
DATED: 9/29/83 J. R. OISSON, Clerk, r Deputy
e Uaiftoun
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6) .
The Board should deny this Application to File a Late Claim (Section 911.6) .
DATED: U a - <6 -3 JOHN B. CLAUSEN, County Counsel, By Deputy
III. BOARD ORDER By unanimous cote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6) .
This Application to File Late Claim is denied (Section 911.6) .
I certify that this is a true and correct copy of the Board's Order entered in
its minutes for this date.
DATEDNOV 1 1983 J. R. olssoN, Clerk, By� . Deputy
VYING (Cov't.C. §911.8)
If you wish to file a court action on this matter, you must first
petition the appropriate court for an order relieving you from the
provisions of Goverment Code Section 945.4 (claims presentation re-
quirement) . See Government Code Section 946.6. Such petition must be
filed with the court within six (6) months from the date your applica-
tion for leave to present a late claim was denied.
You may seek the advice of any attorney of your choice in connec-
tion with this matter. If you want to consult an attorney, you should
do so immediately.
IV. FROM: Clerk of the Board TO: 1 County Counsel, 2 County Administrator
Attached are copies of the above Application. We notified the applicant
of the Board's action on this Application by mailing a copy of this document,
and a memo thereof has been filed and endorsed on the Board's copy of this
Claim in accordance with Section 29703.
DAz.E,.00V 1 1983 J. R. OISSON, Clerk, By ////fi.�• Deputy
V. FROM: 1 County Counsel, 2 County Administrator T0: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, By
106
APPLICATION TO FILE LATE CLAIM
1 VAN LOUCKS & HANLEY
675 North First St . , Suite 910 ' $ 6i
2 San Jose , CA 95112
LLL
3 Telephone : (408) 287-2773
4 Attorneys for LES WARREN,
5 individually and dba CL--.: .,-„•.z �P ,v soy
STEVENS CREEK MARINE Z.
6
7
8
9
10 LES WARREN, individually and )
dba STEVENS CREEK MARINE , ) APPLICATION FOR LEAVE TO
11 ) PRESENT LATE CLAIM
Claimants , ) (Gov. C §911 . 4)
12 VS . )
13 COUNTY OF CONTRA COSTA )
14 )
15 TO: THE BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
16 651 Pine Street
Martinez , CA 94553
17
18 1 . Application is hereby made for leave to present a
19 late claim under Section 911 .4 of the Government Code . The claim
20 is founded on a cause of action for comparative equitable indem-
21 nity arising out of a wrongful death complaint, the wrongful
22 death suit having been served on STEVENS CREEK MARINE, on April
23 25 , 1983, and for which a claim was not timely presented, having
24 been initially presented on or about August 3 , 1983, 8 days past
25 the 100 day statute. For additional circumstances relating to
26 the cause of action, reference is made to the proposed claim
27 attached hereto as Exhibit A and made a part hereof as though
28 fully set forth at this point .
- 1 -
107
1 2 . The reason for the delay in presenting this claim
2 is the mistake , inadvertence , surprise , and excusable neglect
3 of claimant and attorneys for claimant , VAN LOUCKS & HANLEY,
4 as more particularly shown in the declaration of GEOFFREY VAN
5 LOUCKS , attached hereto. The County of Contra Costa was not pre-
6 judiced by the failure to timely file the claim as shown by the
7 declaration of GEOFFREY VAN LOUCKS , attached hereto and made
8 a part hereof.
9 WHEREFORE , it is respectfully requested that this applica-
10 tion be granted and that the attached claim be received and acted
11 upon in accordance with §§912.4 through 912. 8 of the Government
12 Code .
13
14 Dated : September 1983 VAN LOUCKS & HA Y
15
16 By
GEVAN LO KS
17 n e if of Cla mant
L WARREN, individually
18 d dba STEVENS CREEK MARINE
19
20
21
22
23
24
25
26
27
28
108
2 -
i
1 PROOF OF SERVICE BY MAIL
2
C.C.P. 1013x, 2015.5
I
3 I declare that:
I am a citizen of the United States and a resident of the County of
4
Santa Clara, California; I an, over the age of eighteen years and nota party
5 to the within entitled action; my business address is 675 North First Street,
6 San Jose, California 95112.
on September 28 , 1983 , I served the attached
7
8 Application for Leave to Present Late Claim (Gov. C §911 .4)
9
10
on the parties in said action, by placing a true cq171 thereof enclosed in a
11 sealed envelope with postage thereon fully prepaid, in the United States
12 Post Office mail box at San Jose, California, addressed as follows:
13 THE BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
14 651 Pine Street
Martinez, CA 94553
15
(Sent Certified - RRR)
16 i
17
i
18
i
19 I
20
21
i
22
23
24
25 I declare under penalty of perjury that the foregoing is true and
26 correct, and that this declaration was executed cn September 28 , 1983
27 at Sari Jose, California.
28 Karen L. Zoulin
Zype Name Slgftatbre
109
d
I VAN LOUCKS & HANLEY
675 North First St. , Suite 910
2 San Jose, CA 95112
3 Telephone : (408) 287-2773
4 Attorneys for LES WARREN,
individually and dba
5 STEVENS CREEK MARINE
6
7
8
9
10 LES WARREN, individually and )
dba STEVENS CREEK MARINE , )
11 )
Claimants , ) DECLARATION OF
12 ) GEOFFREY VAN LOUCKS
Vs . )
13 )
COUNTY OF CONTRA COSTA )
14 )
15 I , GEOFFREY VAN LOUCKS, declare :
16 I am an attorney at law duly licensed to practice before
17 all courts of this state . I am a partner in the firm of VAN LOUCKS
18 & HANLEY, attorneys herein for LES WARREN, individually and dba
19 STEVENS CREEK MARINE. I am the attorney supervising this file
20 for my office ; thus I am familiar with the facts and circumstances
21 surrounding this motion and if called to testify, could compe-
22 tently testify thereto.
23 Claimant , LES WARREN, individually and dba STEVENS CREEK
24 MARINE , was served with a Wrongful Death lawsuit on April 25,
25 1983.
26 This office filed an answer to the complaint on June 28 ,
27 1983. On June 29, 1983 I caused to be ordered the medical records
28 from Contra Costa County Medical Services. I ordered said records
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1 as a customary procedure associated with defending cases similar
2 to this instant case. The medical records were delivered to
3 my office on July 25, 1983. I reviewed those medical records
4 within approximately five days at which time I noted that the
5 decedent appeared at the hospital at approximately 7: 15 p.m. ,
6 ambulating under his own power, and was examined in the Emergenc
7 Room and then sent to a ward and was not sent to the Operating
8 Room, and the records revealed that at approximately 2 : 00 a.m.
9 the next morning, decedent went into shock and died.
10 These records were the first indication that either
11 I or my client had that the County Hospital may bear a portion
12 of the fault in this wrongful death action due to the delayed
13 diagnosis and treatment of the plaintiff' s decedent.
14 As a result of my review of medical records, I filed
15 a claim pursuant to Government Code section 901 (ff) with the
16 Board of Supervisors of the County of Contra Costa on August 11 ,
17 1983.
18 This claim was filed as soon as practicable after
19 receiving notice of the County Hospital 's malpractice; a deter-
20 mination later confirmed by my medical consultants .
21 On August 30, 1983 , this office received a Notice of
22 Non-Acceptance of Claim indicating that the claim was not
23 presented within the time limits prescribed in California
24 Government Code section 911 . 2.
25 There will be no prejudice to the County of Contra Costa
26 in accepting this late claim in that the fact giving rise to
27 said claim is associated with the medical treatment provided
28 by Contra Costa County Medical Services, and they are presently
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1 and have always been, in possession of all the facts , records
2 and other circumstances concerning the medical treatment of the
3 decedent.
4 1 declare under penalty of perjury that the foregoing
5 is true and correct and that this declaration was executed this
6 day of September , 1983 at San Jose , California.
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E Y VAN LOU S
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I
1 PRDOF OF SERVICE BY MAIL
2 C.C.P. 1013x, 2015.5
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3 I declare that:
I am a citizen-of the United States and a resident of the County of
4
Santa Clara, California; I an over the age of eighteen years and not a party
5 to the within entitled action; my business address is 675 North First Street,
6 San Jose, California 95112.
On September 28 , 1983 , I served the attached
7
8 Declaration of Geoffrey Van Loucks
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on the parties in said action, by placing a true oc,?y thereof enclosed in a
11 sealed envelope with postage thereon fully prepaid, in the United States
12 Post Office mail box at San Jose, California, addressed as follows:
13 THE BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
14 651 Pine Street
Martinez, CA 94553
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(Sent Certified - RRR)
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25 I declare under penalty of perjury that the foregoing is true and
26 correct, and that this declaration was executed cn September 28 , 1983
at Sari Jose, California.
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28 Karen L. Zoulin
Type Name f Signature E6�b ri
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