HomeMy WebLinkAboutMINUTES - 08111998 - C21 l ■ nLNI
BOARD OF SUPERVISOR: OF CONSQS'I'A COUNT4', CAT T> ONTA
= ACT1011t—Aug 11,1998
Claire Against the County, or District Governed by )
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Beard 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
R1E(=11'VZZ@ pursuant to Government Code Section 913 and
915.4. Please noteall "Warnings".
JUL 13 11998
AMOUNT: $5.95 COUNTY COUNSEL
CLAIMANT: Melvin DeVan Daniel MARTINEZ CALIF.
ATTORNEY: DATE RECEIVED:
ADDRESS: 901 Court Street BY DELIVERY TO CLERK ON: June 13, 1998
Martinez CA 94553
BY MAIL POSTMARKED:
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCIELOR, Clerk
Dated: July 13, 1998 By: Deputy
H. FROM: County Counsel TO: Clerk of the Board of SVpervisors
{ ) 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: f By: Deputy County Counsel
M. FROn- Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER. By unanimous vote of the Supervisors present:
This Claim is rejected in full.
Other:
I certify that this is a true and correct copy of the Board's Order entefyed in its minutes for this date.
Dated: - PHIL BATCHELOR, Clerk, By f -Deputy Clerk
WARNING (Gov. code 46ction 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, a essed to the claimant as shown above.
Dated: ,' y: PHIL BATCHELOR B uty Clerk
CC: County Counsel County Administrator
claim to s SUP21t BORs OF OONTRA OOSTA 00tt1 TY
C, l
A. : Claims relating to causes of action for death or for,. injury to parson
or to personal property or growing crops and which accrue an or before
December 31, 987, must be presented not later than the .100th day
after :the accrual of the cause of action. Claimsrelating 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, 188$, 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 ►a
Presented not later than one year after the aecrual 'of the cause of
action. (Govrt Code 911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its
Office in Room 306, County Administration Building, 651 Pine Street,
Kartinea, CA 94553,
C. If claim is against a district governed by the board of supervisors,
rather than the County, the name of the District should be filled' in.
D. If the claim is, against more than one publicentity, separate claims
must be filed against each public entity.
E• EX431s. See penalty for fraudulent claims, Pena. Code Sec. 72 at the
end of> this form.
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RE: Claim By Reserved for Clerk's filing stamp
RECEIVE
Against the County of Contra Costa) Al, 3
or } z
(Fill in name)
District) <" ,BOARD OF SUPEP I&
The undersigned claimant hereby makes chain against the County of
Contra Costa or the 'above-named District ;in the sum of
and in support of this claim represents as follows:
I. when did the damage or injury occur? (Give exact date and hour) '
r
3 t
2. Where did the d $* or .injury occur? (Include city and county)
3. Raw did the damage or in
g fury, occur? �Giv�e full, +dete►i1s: use extra
paper if required} #�t����.�< �,.. <,.� �,
4. hat particular act or omission on a ,,
officers, servants or employees Par'"t °f 'county r district
p oyees caused the injury or damage?
y` N Y qK; `- , A'0"
i 3......,.. i 1, W C•.w•.bn.4. ..- S. tl'. ... S YY h•.
over
...............................................................................................................................................
�.
5. What are the names of county or 'district offeer , servants or t�. d
employees causing the damage or injury?
6. tit damage> or injuries do you claim resulted? (GiVO full, extent
of injuries or damages claimed. Attach two estimates for auto
damage.)
?. Raii was the amount claimed 4bovo computed? (Include the estimated
amount of any prospective injury or damage.)
S. Hames and addresses of witnesses, doctors and hoSpitals.
9. List the expenditures you made on account of this accident or
injury.
AMOOMT
Gov. Code Sec. 920.2 provides
} "The claim must be signed by the
}
claimant or by some person on his
Name and Address of Attorney )
4yt
(Claimant's signature)
x f .
(Address)
Telephone No. Telephone No.
Section 72 of the penal Coda provides.
XvOry person who, with .intent to defraud, presents for allowance
or for payment to any state board or officer, or to any county, city
or district board or officer, authorised to allow or pay the same if
genuine, any false or fraudulent claim, bill,, acx punt, voucher, or
writing, is punishable either by imprisonment' in the county jail for
a ,period of not more than one year, by a fine of not exceeding one
thcyusand ($A,000) : Or by both such imprisonment and fine, or by
imprisonment in the state prison, by a 'fine of not exceeding test
thousand dollars ($10,Ot?0, or by both such imprisonment and fine.
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CLAIM e. 9./
BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY, CALIFORNIA
BOARD AC'CItINt—Aug 11,1998
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 an your claim by the
'ZINUV73) Board of Supervisors. (Paragraph IV below), given
pursuant to Governn-ent Code Section 913 and
JUL 13 '�A 915.4. Please note all "Warnings".
AMOUNT: $1,900,000 COUN. CouNSSL
MARTINEZ CAUF-
CLAIMANT: Melvin DeVan Daniel
ATTORNEY: DATE RECEIVED:
ADDRESS: 901 Court Street BY DELIVERY TO CLERK ON: June 13, 1998
Martinez CA 94553
BY MAIL POSTMARKED:
L FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHE Clerk
Dated: July 13, 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 present a late claim (Section 911.3).
) Other:
Dated: 7 By: Deputy County Counsel
M. FROn- Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
This Claim is rejected in full.
Other:
I certify that this is a true and correct copy of the Board's Order ente*d in its minutes for this date.
Dated: PHIL BATCHELOR, Clerk, By 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 actior on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT' OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Post V Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, ressed to the claimant as shown above.
Dated:,&K4�- �, ,P By: PHIL BATCHELOR By,','� �uty Clerk
CC: County Counsel County Administrator
................
I'll..........................................................................................................................................................................................................
...............................................................................
Claim tot NOMM 07 S"ERVISORS OF CONTRA COSTA COUNTY C"P/
INSTRUCTIONS TO CLAIKANT
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 aanuary 1, 1988, must
be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause of
action. (Gov't Code 911.2.)
S. Claims must be filed with the Clark of the board of Supervisors at its
office in Room 106,, County Administration Building, 651 Pin* Street,
Nartinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County,, the nano of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code See. 72 at the
and of this form.
RE: Claim By Reserved for Clerkts filing stamp
Against the County of Contra Cost&)
or JUL
_District) OF SUPER ORS
(Fill in name) CO.
The undersigned claimant hereby makes claim against the County of
Contra Costa or the above-named District in the sun of
and in support of this claim represents as follows:
I. When did the damage or injury occur? (Give exact date and hour)
2. Where did the damage or injury occur? (Include city and county)
3. Now did the damage or injuryoccur? (Give full details; use extra
paper if required)
4. Whit Particular act or omission on the Part of county'or distr1ctK:. ''!
IZ.*k'�
officers, servants or employees caused the injury or damage?
(over)
...............................................................................................
9
.........................................................................................................................................................................................................................
......... ......... ......... ......... ...........
5. What are the names of county or district officers, servants or
employees causing the damage or injury?
b. What damage or' inJurlies do you 61aiid resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage.) A " "
Y Sr�LrrW4s�+� .
7. Now was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage.)
a. Names and addresses ofw`witnesses, doctors and Dospitals.
9. List the expenditures you made on account of this accident or
injury.
T�t2' AMO
r ....
Gov. Code Sec. 910.2 provides
"The claim must be signed by the
claimant or by some person on his
SM' NOTICES TO; =torneyl I behalf."
Name and Address of Attorney
)
;) (Claimant's Signature)
(Address)
moi!,t s' bk E w �.. a +�i �:•
3
Telephone No. ) Telephone No.
MOT=CE
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 MoOoo) , or by both such imprisonment and fine, or by
imprisonment in the state prison, by a fine of not exceeding tan
thousand dollars ($io,oo0, or by both such imprisonment and fine.
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CLAIM
BOARD F IFORNI►
B[I AOCK AUC 11, 1998
Claim Against the County, or District Governed by }
the Board of Supervisors, Routing Endorsements, y 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 IU below), given
pursuant to Government Code Section 913 and
915.4. Please noteall "Warnings".
J U L 2 1998
AMOUNT: Unknown , cOUNSEL
MARTI�eZ CALIF.
CLAIMANT: Sandra and Jessie Doty
ATTORNEY: Walkup, Melodia, Kelly & Echeverria DATE RECEIVED:
Kevin L. Domecus
ADDRESS: 650 California Street 30th Floor BY DELIVERY TO CLERK ON:
BY MAIL POSTMARKED: July 15, 1998
I. FROft Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, Cler
Dated: July 17, 1998 By: Deputy
H. FROM County Counsel TO: Clerk of the Board of Supervisors
(�This claim complies substantially with Sections 910 and 910.2.
( } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
(
) Other:
Dated: 'd- By j 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 that this is a true and correct copy of the Board's Order et tered in its minutes for this date.
Dated: 1j _ PHIL BATCHELOR, Clerk, Byi� 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 MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, ddressed to the claimant as shown above.
Dated: By: PHIL BATCHELOR By puty Clerk
CC: County Counsel County Administrator
Law Offices of
PAUL V.MELODIA WALKUP, MELODIA, KELLY &. ECHEVERRIA CYNTHIA F. NEWTON
DANIEL J.KELLY ERIK BRUNKAL
JOHN ECHEVERR;A A Professional Corporation MICHAEL J.RECUPERO
RONALD H.WECHT 650 CALIFORNIA STREET, 26TH FLOOR, SAN FRANCISCO, CALIFORNIA 94108-2702 DOUGLAS S.SAELTZER
MICHAEL A.KELLY TELEPHONE(415)981-7210 FACSIMILE (415)391-6965
KEVIN L.DOMECUS OF COUNSEL
JEFFREY P.HOLL ,qM- JOHN D.LINK
DANIEL DELCOSSO SPv s WESUY SOKG'LOSKY,M.D.,J.D.
RICHARD H.SCHOENBERGER
JulyJ �j Q
l , 1998 {� y BRUCE WALKUP
(1914-1994)
Contra Costa County Board of Supervisors j = *a B GOETHALs,)R.
r _' (1950-1994)
651 Pine Street "
Martinez, CA 94553
Ilse: Claim of Sandra and Jessie Doty
Dear Sir or Madam:
Enclosed please find the original and one copy of the Claim for Damages in the
above-referenced matter.
We would appreciate your acknowledging receipt of the Claim by returning a date
stamped copy in the envelope provided.
Thank you for your cooperation.
Very truly yours,
,lana Whitson, Secretary to
-�KEVIN L. DOMECUS
KLD\jw
Enclosures
r
WALKUP,MELODIA,KELLY&.ECHEVERRIA a
�,.
654 California St.,26th Floors x
San Francisco,CA 94108 € ✓fes
Telephone: 415-981-7210
Attorneys for Claimants v
CLAIM FOR DAMAGES AGAINST
CONTRA COSTA COUNTY
MERRITHEW MEMORIAL HOSPITAL AND
CONTRA COSTA REGIONAL MEDICAL CENTER
TO: CONTRA COSTA COUNTY BOARD OF SUPERVISORS
651 Pine Street
Martinez,CA 94553
MERRITHEW MEMORIAL HOSPITAL
2500 Alhambra Avenue
Martinez, CA 94553
CONTRA COSTA REGIONAL MEDICAL CENTER
2500 Alhambra Avenue
Martinez, CA 94553
The following claim is hereby made by and on behalf of Sandra Doty, Individually and as
Guardian of Jessie Doty, a minor, against Contra Costa County and Merrithew Memorial Hospital.
A. NAME AND POST OFFICE ADDRESS OF CLAIMANT
Sandra Doty
112 Clearland Drive
Pittsburg,CA 94565
Jessie Doty
112 Clearland Drive
Pittsburg, CA 94565
B. ADDRESS TO WHICH NOTICES ARE TO BE SENT
Kevin L. Domecus
Walkup,Melodia,Kelly&Echeverria
650 California Street, 30th Floor
San Francisco, CA 94108
Claim for Damages
Page 2
C. DATE, PLACE, AND OTHER CIRCUMSTANCES WHICH GIVE RISE TO THIS
CLAIM
The incident which gives rise to this claim occurred on or before January 20, 1998, at the
Contra Costa Regional Medical Center and Merrithew Memorial Hospital. The claimant
Sandra Doty was admitted to the hospital for the birth of her child. Her care was managed
by physicians and nurses who were employees of the County of Contra Costa, the Contra
Costa Regional Medical Center, and Merrithew Memorial Hospital. During the'labor and
delivery process, there were significant fetal heart tone irregularities which were not
appreciated or acted upon, resulting in significant perinatal hypoxia and ischernia. In
addition, there was negligence in the neonatal resuscitation and treatment of the infant,
Jessie Doty, after his birth. The entirety of Sandra Doty's medical treatment after her
admission was negligent, and resulted in the injuries to Jessie Doty, as hereinafter described.
D. DESCRIPTION OF INJURIES AND DAMAGES:
The claimant Sandra Doty suffered severe emotional distress as a result of the injuries to her
child. The claimant, Jessie Doty, a minor, suffered severe hypoxic and ischemic brain
damage as a result of his delayed delivery and the negligent resuscitation.
E. ECONOMIC LOSSES:
The medical bills and other economic losses are unascertained at present.
F. EMPLOYEES CAUSING INJURY AND DAMAGE
The name of the particular employees of said public entity responsible of the occurrence
herein described are unknown to claimants at this time. The claimant believes that a Dr.
Pamela Hines may have been involved in her care during the labor and delivery.
G. AMOUNTS CLAIMED:
Damages for all claimants exceed $50,000, and the appropriate court of jurisdiction is the
Superior Court,County of Contra Costa.
DATED: . = f WALKUP,MELODIA,FELLY&ECHEVERRIA
KEVIN L.DOMECUS
Attorneys for Claimants
Crv�/
WALKUP,MELODIA,KELLY&ECHEVERRIA
650 California St., 26th Floor
San Francisco,CA 94108
Telephone: 415-981-7210
Attorneys for Claimants
CLAIM FOR DAMAGES AGAINST
CONTRA COSTA COUNTY
MERRITREW MEMORIAL HOSPITAL AND
CONTRA COSTA REGIONAL MEDICAL CENTER
TO: CONTRA COSTA COUNTY BOARD OF SUPERVISORS
651 Pine Street
Martinez,CA 94553
MERRITHEW MEMORIAL HOSPITAL
2500 Alhambra Avenue
Martinez,CA 94553
CONTRA COSTA REGIONAL MEDICAL CENTER
2500 Alhambra Avenue
Martinez,CA 94553
The fallowing claim is hereby made by and on behalf of Sandra Doty, Individually and as
Guardian of Jessie Doty,a minor,against Contra Costa County and Merrithew Memorial Hospital,
A. NAME AND POST OFFICE ADDRESS OF CLAIMANT
Sandra Doty
112 Clearland Drive
Pittsburg,CA 94565
Jessie Doty
112 Clearland Drive
Pittsburg,CA 94565
B. ADDRESS TO WHICH NOTICES ARE TO BE SENT
Kevin L. Domecus
Walkup,Melodia,Kelly&Echeverria
654 California Street, 30th Floor
San Francisco, CA 94108
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�7 (j� Law Offices of
PAUL V.MELODIA WALKUP,} MELdJD1A, BELLY & ECH.EVER.RIA CYNTHIA F.NEWTON
ER1K BRUNKAL
DANIEL J.KELLY
JOHN ECHEVERRIA is Professional Corporation MICHAEL J,R£CUPERO
RONALD H.WECHT 650 CALIFORNIA STREET,26TH FLOOR, SAN FRANCISCO,CALIFORNIA 94108-2702 DOUGLAS S.SAELTZER
MICHAEL A.KELLY TELEPHONE(415)981-7210 FACSIMILE (415)391-6965
KEVIN L.DOMECU5 OF COUNSEL
JEFFREY P.HOLL JOHN D.LINK
DANIEL DELeOsso WESLEY SOKOLOSKY,M.D.,J.D,
RICHARD H.SCHOENBERGER Jut 7 C, 1.+1
July 998
747 BRUCE WALKUP
(1914-1994)
Pon Harvey
RICHARD B.GbETHALS,JR.
(1950-1994)
Merrithew Memorial Hospital JI U 2 1
2500 Alhambra Avenue
Martinez, CA 94553 F
Re: Claim of Sandra and Jessie Doty
Dear Sir or Madam:
Enclosed please find the original and one copy of the Claim for Damages in the
above-referenced matter.
We would appreciate your acknowledging receipt of the Claim by returning a date
stamped copy in the envelope provided.
Thank you for your cooperation.
Very truly yours,
F�
t >.
j Ona Whitson, Secretary to
KEVIN L. DOMECUS
KLD\jw
Enclosures
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WALKUP, MELODIA,KELLY&ECHEVERRI.A
650 California St.,26th Floor
San Francisca,CA 94108
Telephone: 415-981-7210
Attorneys for Claimants
CLAIM FOR DAMAGES AGAINST
CONTRA COSTA COUNTY
MERRITHEW MEMORIAL HOSPITAL AND
CONTRA COSTA REGIONAL MEDICAL CENTER
TO: CONTRA COSTA COUNTY BOARD OF SUPERVISORS
651 Pine Street
Martinez,CA 94553
MERRITHEW MEMORIAL HOSPITAL
2500 Alhambra Avenue
Martinez,CA 94553
CONTRA COSTA REGIONAL MEDICAL CENTER
2500 Alhambra Avenue
Martinez,CA 94553
The following claim is hereby made by and on behalf of Sandra Doty, Individually and as
Guardian of Jessie Doty, a minor, against Contra Costa County and Merrithew Memorial Hospital.
A. NAME AND POST OFFICE ADDRESS OF CLAIMANT
Sandra Doty
112 Clearland Drive
Pittsburg,CA 94565
Jessie Doty
112 Clearland Drive
Pittsburg, CA 94565
B. ADDRESS TO WHICH NOTICES ARE TO BE SENT
Kevin L. Domecus
Walkup,Melodia,Felly&Echeverria
650 California Street, 34th Floor
San Francisco, CA 94108
Claim for Damages
Page 2
C. DATE, PLACE, AND OTHER CIRCUMSTANCES WHICH GIVE RISE TO THIS
CLAIM
The incident which gives rise to this claim occurred on or before January 20, 1998, at the
Centra. Costa Regional Medical Center and Merrithew Memorial Hospital. The claimant
Sandra Doty was admitted to the hospital for the birth of her child. Her care was managed
by physicians and nurses who were employees of the County of Contra Costa, the Contra
Costa Regional Medical Center, and Merrithew Memorial Hospital. wring the'labor and
delivery process, there were significant fetal heart tone irregularities which were not
appreciated or acted upon, resulting in significant perinatal hypoxia and ischemia. In
addition, there was negligence in the neonatal resuscitation and treatment of the infant,
Jessie Doty, after his birth. The entirety of Sandra Doty's medicaltreatment after her
admission was negligent,and resulted in the injuries to Jessie Doty, as hereinafter described.
D. DESCRIPTION OF INJURIES AND DAMAGES:
The claimant Sandra Doty suffered severe emotional distress as a result of the injuries to her
child. The claimant, Jessie Doty, a minor, suffered severe hypoxic and ischemic brain
damage as a result of his delayed delivery and the negligent resuscitation.
E. ECONOMIC LOSSES:
The medical bills and other economic losses are unascertained at present.
F. EMPLOYEES CAUSING INJURY AND DAMAGE
The name of the particular employees of said public entity responsible of the occurrence
herein described are unknown to claimants at this time. The claimant believes that a Dr.
Pamela Hines may have been involved in her care during the labor and delivery.
G. AMOUNTS CLAIMED:
Damages for all claimants exceed $50,000, and the appropriate court of jurisdiction is the
Superior Court,County of Contra Costa.
DATER: I � ��� �� WALKUP,MELODIA,KELLY&ECHEVERRIA
KEVIN L. D MECUS
Attorneys for Claimants
CILAM
BOARD OF S PERYISMS OF-CONTRA COSTA COUNTv C"Ai,T ORNLAA
RMID ACTIt t AUG11, 19398
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
1pursuant to Government Code Section 913 and
915.4. Please note'all "Warnings".
AMOUNT: unknown
EL
CLAIMANT: Andi Millard
MhRt NEZ CAU r-
ATTORNEY: Paul L. Rein, Esq. DATE RECEIVED:
200 Lakeside Drive Ste A
ADDRESS: Oakland CA 94612 BY DELIVERY TO CLERK ON: July 14, 1998
BY MAIL POSTMARKED:
L FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHEL , Clerk
Dated: July 15, 1998 By: Deputy
H. FROM County Counsel TO: Clerk of the Board of Supervisors
` This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3). , pr f
Other:
fl,.[:. . L.;:.L.�,',.f..sy'a'n-'' i L: -' 'iX '-1et..+f t. .-` ; trf�'2..-tom ..+7,,,.- 1 <y '�r�v[•,, .s,. `�yf.. . .s�'`£,t-rc:: �.
f
Dated: 1 ', -By: y 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 that this is a true and correct copy of the Board's Order e ered in its minutes for this date.
Dated:6 PHIL BATCHELOR, Clerk, By , Deputy Clerk
WARNING (Gov. code se ion 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States P stal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant addressed to the claimant as shown above.
Dated: By: PHIL BATCHELOR By eputy Clerk
CC: County Counsel County Administrator
,.a
1 PAUL L. REIN, Esq. (State Bar No. 43053)
TIMOTHY S . THIMESCH, Esq. (State Bar No. 148213)
2 LAW OFFICES OF PAUL L. REIN
200 Lakeside Drive, Suite A
3 Oakland, CA 94612 RECEIVED
(510) 832-5001
4
Attorneys for ClaimantOt);
5 ANDI MILLARD �- 1 �
6 CLERK 60ARD OF SUPERVISORS
CONTRA COSTA CO. Wt
7
In the Matter of the Claim of
8 ANDI MILLARD, Claimant,
9 V. CLAIM AGAINST PUBLIC ENTITY
10 LOS MEDANOS COLLEGE; CONTRA COSTA
COMMUNITY COLLEGE DISTRICT; and
11 CONTRA COSTA COUNTY
12
13 i To LOS MEDANOS COLLEGE, CONTRA COSTA COMMUNITY COLLEGE
14DISTRICT, and CONTRA COSTA COUNTY (hereinafter collectively also
15 referred to as "Defendants" ) , ANDI MILLARD hereby presents this
1
16 claim to the Clerk of the Contra Costa County Beard of Supervisors
17 and to the Vice-Chancellor of the Contra CostaCommunity College
i
18 i District, pursuant to §910 of the California Government Code .
i
19 1 . The name and address of claimant is ANDI MILLARD, 90 F
s
20 St . , #119, Martinez, CA 94553 .
21 2 . The address to which Claimant ANDI MILLARD desires any
22 and all notices regarding this claim to be sent is as follows : c/o
23 Paul L. Rein, Esq. , 200 Lakeside Dr. , Suite A, Oakland, CA 94612 .
24 3 . Date, Place and Circumstances :
25 Commencing January 15, 1998, and continuing to the date
26 of filing of this Claim, Claimant ANDI MILLARD was and continues
27 to be a student enrolled in courses at LOS MEDANOS COLLEGE
28 (hereinafter sometimes "LMC" ) . Claimant ANDI MILLARD is a
LAW OFFICES OF
PAUL L. REIN
2W LAKESIDE DR.,SUITE A CLAIM AGAINST PUBLIC ENTITY -1- #s&m1MC/g0vtC1m.P1
OAKLAND,CA 94612
(510)632-M
1 physically disabled person, hemiplegic and mobility impaired, and
2 requires use of a motorized wheelchair for mobility. LOS MEDANOS
3 COLLEGE has denied Claimant her rights to full and equal access
4 under federal and state law, including California Government Code
5 §§4450 et seq. , Title II of the Americans With Disabilities Act of
6 1990, §504 of the Rehabilitation Act of 1973 , and §§54 and 54 . 1
7 California Civil Code, in the following respects . f
8 (1) On a daily basis during the 1998 Spring semester, commencing
9 on January 15, 1998 and continuing, Claimant ANDI MILLARD was
10 denied her rights due to being assigned to classrooms in the
11 "Main" building at LMC without proper access for disabled
12 persons because the ramp between the ground floor (entry
13 level) and "second floor" (classroom level) is excessively
14 steep and has an excessively steep side slope and uneven
15 surface. (This ramp must be used when the elevator is out of
16 order, as it was on multiple dates, including January 15,
17 1998 . ) In particular, on January 15, 1998, February 12, 1998,
18 and March 24 , 1998 , Claimant ANDI MILLARD suffered near
19 i accidents in her wheelchair when her wheelchair slid sideways
20 due to the dangerous conditions, and nearly slid off the side
21 of the ramp. (The ramp is also dangerousbecause it has no
22 wheelguards . ) Claimant was frightened and suffered physical,
23 mental and emotional injury.
24 (2) Commencing January 15, 1998, Claimant ANDI MILLARD was denied
25 her rights to access at the LMC Planetarium, the location of
26 her Astronomy classes . Despite a request by the Astronomy
27 instructor to school management, no wheelchair accessible
28 (� desk was ever supplied. On a daily basis, whenever Claimant
LAW OFFICES OF
PAUL L. REIN
Mo LAKESIDE DR.,SUTTE A CLAIM AGAINST PUBLIC ENTITY -2-
OAKLAND,CA 44612 #s&mlmc Jgnvt clm.p 1
(510)832.5001
1 was scheduled for a class, she was required to sit in a
2 poorly lighted area at the back of the room in order to use
3 a utility table to write on, having to face the side wall
4 instead of the lecturer in front . Additionally, Claimant was
5 unable to see sky projections on the Planetarium dome as the
6 Planetarium has no wheelchair seating area except against the
7 wall, which limits the visibility of the "dome . "
8 (3 ) There is no disabled accessible seating in exterior eating
9 areas, outside the cafeteria, because of the irregular paving
10 on the ground.
11 (4) Doors to certain facilities, including to "Room 20, " a
12 separate facility, are inaccessible to disabled persons
I
13 j because of the lack of strike edge clearance and the
14 narrowness of the entryway; Claimant ANDI MILLARD was unable
15 i to enter Room 20 for a meeting on April 20, 1998 .
16 (5) At all times from January 15, 1998 to the present, Claimant
17 ANDI MILLARD has been denied any accessible restroom
18 facilities in the Main building. On January 15, 1998 and on
19 multiple occasions since that date, Claimant has attempted to
20 use the women' s restroom on the third floor - misleadingly
21 labeled as "accessible" - but has been unable to do so except
22 with great difficulty due to the improper configuration of
23 the restroom for use by disabled persons, and has often
a
24 bruised her legs on a sink counter in attempting to turn her
25 ! wheelchair so that she could back into the toilet stall, (a
26 necessary procedure to use the stall at all) .
27 (6) Multiple levels of ramps and stairs on the interior of the
28 Main building are not properly demarked on the top stair of
LAW OFFICES OF
PAUL L. REIN
zoo LAKESIDE DR.,SLrrE A CLAIM AGAINST PUBLIC ENTITY —3—
OAKLAND,CA 9461 z #s&mlmc/gt�vt c lm.pl
(510)832.5001
1 each level on the first floor, creating a dangerous condition
2 as wheelchair users may go over the unmarked edge of a stair.
3 (7) on or about April 20, 1958 , Claimant ANDI MILLARD was unable
4 to find any place for a wheelchair user to sit in Room 114 ,
5 the Academic Senate; accessible seating areas should be
6 provided.
7 Further, due to breaches of the same 'duties to Claimant
8 ANDI MILLARD, Defendants caused Claimant to sustain damages and
9 denial of Civil Rights due to the inaccessibility of the public
10 restrooms of the facilities, and of the other facilities as above
11 jI described.
12 ' Such public property was in a dangerous and illegal
13 condition due to failure to conform to requirements of California
14 disabled access laws and regulations, federal standards including
15 i §504 of the Rehabilitation Act of 1973, and requirements of Title
16 II of the Americans with Disabilities Act of 1590 .
17 4 . General description of injury or loss :
18 Claimant ANDI MILLARD suffered violation of her Civil
19 Rights, including the right to full and equal access to public
20 facilities, and suffered physical, mental and emotional shock,
21 fear and injury, all to her damages .
22 5 . The names of the public employees responsible for
23 damages are unknown at this time, except for "ADA Coordinator"
24 Bruce Cutler and (former) College President Raul Rodrigues, who
25 failed to properly respond to Claimant' s multiple complaints and
26 failed to take appropriate action, or any action to provide
27 proper, safe and accessible facilities .
28 6 . Damages are for violation of Civil Rights, denial
LAW OFFICES OF
PAUL L. REIN
�00 LAKESIDE DR.,SURE A CMM AGAINST PUBLIC ENTITY -4- #s&m1MC/govtC1M. 1
OAKLAND,CA W12 p
(510)832-5001
1 of full and equal access to public facilities, and personal
2 injuries, including physical, mental and emotional distress, all
3 in amounts within the jurisdiction of the Superior Court .
4
5
6 Dated: July 8 , 1998 LAW OFFICES OF PAUL L. REIN
7
8
9
PAUL L. REIN
10 Attorneys for Claimant
ANDI MILLARD
11 I(
12 I
1.3
14
15
16
17
18
19 j
20
21
22 '
23
24
25
26
27
28
LAW OFFICES OF
PAUL L. REIN
200OAKESIDEKLAND DR.CA i2 A CLAIM AGAINST PUBLIC ENTITY -5-oAKLA�v�,CA 9anlz � #s&mlrnc/govtclrct.pl
i
(510)832-5001
%.JAIL 1JFiNJR. +Y (
COSIA COUNTY, CAA„,fiFC1I2NTA_
tD 00rW_Aug 11,1998
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 belowl, given
pursuant to Government Code Section 913 and
XC ?i ` 915.4. Please note all "Warnings".
AMOUNT: $173.20 J U L 13 1998
CLAIMANT: Carl Stukey COUNTY COUNSEL
MARTINEZ CALM'.
ATTORNEY: DATE RECEIVED:
ADDRESS: 2665 Mira Vista Drive BY DELIVERY TO CLERK ON:
Richmond CA 94805
BY MAIL POSTMARKED: 8 July 1998_
L FRONE Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BAT LOR, Clerk
Dated: July 13, 1998 By: Deputy
IL FROM County Counsel TO: Clerk of the Board of Sh1pervisors
( ) 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).
t h
( ) Other:
Dated: `T By: ' , . � ' ~{ Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
N. BOARD ORDER: By unanimous vote of the Supervisors present:
, } This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order e red in its minutes for this date.
Dated: PHIL BATCHELOR, Clerk, B uty 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.
AFMAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, dressed to e claimant as shown above.
Dated; � �By: PHIL BATCHELOR. B uty Clerk
CC: County Counsel County Administrator
VICTOR J.WESTMAN DEPUTIES:
CONTRA COSTA COUNTY PHILIP S.ALTHOFF
COUNTY COUNSEL JANICE L.AMENTA
OFFICE OF THE COUNTY COUNSEL SHARON L.ANDERSON
ANDREA W.CASSIDY
ARTHUR W.WALENTA,JR. COUNTY MA
ADMINISTRATION BUILDING KIEL.DAWES
RKE S.ESTIS
ASSISTANT COUNTY COUNSEL 651 PINE STREET,9th FLOOR MICHAEL D.FARR
MARTINEZ, CALIFORNIA 94553-1229 LILLIAN T.FUJII
DENNIS VES
SILVANO B.MARCHESI GREGORY
GRAARV
GREGORY C.HARVEY
ASSISTANT COUNTY COUNSEL JANET L.HOLMES
KEVIN T.KERR
GAYLE MUGGLI BERNARD L.KNAPP
EDWARD V.LANE,JR.
OFFICE MANAGER MARY ANN MASON
PAUL R.MUNIZ
PHILIP J.
PHONE(925)335-1800 VALERIE JJ..ORGRANCHED
FAX(925)646-1078 DAVID F.SCHMIDT
DIANA J.SILVER
BARBARA N.SUTLIFFE
JACQUELINE Y.WOODS
NOTICE OF iNSUFFICIENCY
ANDLOR
NON-A CEPTAN E OF CLAIM
TO: Carl Stuckey
2665 Mira Vista Drive
Richmond, CA 94805
RE: CLAIM OF: Same
Please Take Notice as Follows:
The claim you presented against the County of Contra Costa or District governed by the Board of
Supervisors fails to comply substantially with the requirements of California Government Code Section
910 and 910.2, or is otherwise insufficient for the reasons checked below:
[
P. The claim fails to state the name and post office address of the claimant.
[ ] 2. The claim fails to state the post office address to which the person presenting the claim
desires notices to be sent.
[ XX] 3. The claim fails to state the date,place or other circumstances of the occurrence or
transaction which gave rise to the claim asserted.
[ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or
loss, if known.
[ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000).
If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount
claimed as of the date of presentation, the estimated amount of any prospective injury,
damage or loss so far as known, or the basis of computation of the amount claimed. If the
amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether
jurisdiction over the claim would rest in municipal or superior court.
Page
IP4
[ J 6. The claim is not signed by the claimant or by some person on his behalf.
[ ] 7. Other: The claim fails to describe any duty or obligation of the public entity and any action
giving rise to the claim.
VICTOR J. WESTMAN, County Counsel
By: 1 I r
Deputy County Counsel
CERTIFICATE OF SERVI_CE BY MALL
(C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664)
1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California
94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I
served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown
above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California.
I certify under penalty of perjury that the foregoing is true and correct.
Dated: July 14, 1998,at Martinez,California.
cc: Clerk of the Board of Supervisors(original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM.GOVT.CODE§§910,910.2,920A,910.8)
Page 2
OF CONTRA COSTA C
ONS TD CLAN
JACK RHIEL /' % yi •'`
Store Manager for death or for injury to person or to per-
Albany Automotive which accrue on or before December 31., 1987,
Goodyear;ertMed Auto service ' 100th day after the accrual of the cause of
431 San Pablo Ave. )f action for-death or for injury to person
Albany,CA 94706 T. ops and which accrue on or after January 1,
(510)527-4363 Fax: (510)527-139+6 tan six months after the accrual of the cause
)then cause of action must be presented not
--- .Lacer -;;ran_One year after the accrual of the cause of actio. (Govt. Cade §911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553.
C. if claim is against a district governed by the Burd of Supervisors, rather than
the County, the name of the District should be filled in.
D. if the claim is against more than one public entity, separate claims must be
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this
form.
RE: Claim By Reserved for Clerk's filing stamp
L w :
V_-
RE.
Against the County of Contra COsta ) £
or
District)
1 nn
The undersigned claimant hereby makes claim against the County of Centra Costa or
the above-named District in the sort of $ . -3 and in support of
this claim represents as follows:
1. When did the damage or injury occurs (Give exact date and hour)
2. Where did the damage or injury occur? (Include city and county)
3. How did the damage njury occur;` (Give fut7, details; use extra paper if
rewired) C 13 I �s A f✓ f ,,'* ,
" a 3
4. What Particular act or emission on the pant of county or district officers,
servants or .employees caused. the injury or.damage?
�rCl�
*17elv
t
(over)
_. .. _. .:. . ...._.__. .._.. ......... . . _..... ......... ...__.... .....11.... ......... ......... ......... ..... . ........ ....... _
5. wnat are the names of county or district officers, servants or employees causing
the damage or injury?
5. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
. -Names and addresses of witnesses, doctors and hospitals.
---------------------- .... -----
9. List the expenditures you made on account of this accident or injury:
DATE ITEM � AMOUNT
Gov. Code Sec. 914.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or by someerson on_his.behalf."
Name and Address of Attorney
Claimantls Si ture
Ad es
Telephone No. Telephone No.
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or for
payment to any state board or officer, or to any county, City or district board or
officer, authorized to allow or pay the same if -genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than one-year, by a fine of not exceeding
one thousand ($1,000), or by both such imprisonment and fine;- or by imprisonment in
the state prison, by a fine of not exceeding ten thousand .dollars ($10,000, or by-
both such imprisonment and fine.
............................................................................................................................................................................................................................................................................................................................
............................................................................................................................................................................................................................................................................................................................
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