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HomeMy WebLinkAboutMINUTES - 09011998 - C29 C Z1 AP 42AT 4N FILE LATIN CLAM Ht ARI) SU SUPERVISORS OF CC3 TRA COSTA 'CAS CAL Ft�RNIA BOARD ACTION': Application to File Late Claim Nonggm APPLICM SEPT if 1998 Against the County,:, Routing } The copy of this document mailed to you is your Endorsametnts, and mrd Action.) notice of the action taken on y application by (All /S�ect�iion +Ryefer�egnces are to ) the Board jo d�yo1�f'yyy���Supervisors (Paragraph II, .belotw) ' California Government Cede• given pursuant to Government Code Sections 911 O and 915.4. Please note the WWAMINGR below. Claimanti Gary D. Mosbarger Attorneys AUG 10 1998' Address 5535 Giant HWY COUNTYCOUNSEL Pichond GA 94806 MARTINEzOALIF. Mounts $1,700,000BY delivery to Clerk on Date Received. august 5, 1998 By mail, postmarked on AUG 4 1298 w., I. PW—. Merk of the Heard of Supervisors 2C?s County Counsel Attached Is a oopy of the above noted Applicatioj3Ato File Late Claim. DATED: AUG 6, 1998 PHIL BATCHMOR, Clerk, ByDeput Y II.' s County Counsel TO: Clerk R the Bowl Of Super Ssors The Board should grant this Application to File Late Claim (Section 911.6). The Hoard should` deny.'this Application to File 'Late 'Claim (Section 911.6). DATED: , VICTOR ilia'I AN County Counsel, By.�� 4-4w �`. Deputy III. WA—RD EDDMER By Fm- mous vote -of Supervisors resent (Check one only) ( } This Application``is grantee! (Section 911.6)1 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. PML BATCHELOR, Clerk, BY �. � ,� � "tea t DATE.- �del - ..�_------- pu y Or it RttM (Gov. Cotte 5911.8) If you wish , file a court action on this matter, YOU Must first petition the apYropriate o0urt for an order relieving YOU from the pr ovisione of Govsrrmnt Code Section 945.4' (clams p sentation requirement). See Goveryjamt Code' Section 946.6. Such Petition,must be filed with the oovrt within six (6) months front; the date your application for leave to xsent a late olais was denied. You may seek the advise of any attorney of your ohoice in oon ction with this ttr at er. If you want to oonaul.t an attorneu should do soimti iatel . V.` OMs Clerk o t #fir s county Counsel . A s rator Attached are oopi:es of the above Application. we notifed the applicant of the Board's action on tonin Application by tailing a ocpy of this document, and`a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 2"9T03. f BATED.,. BATCHELOR, Clerk► HY . , Deputy. S• M`e '1 El6 nt.T Counsel (23 County 10: 1✓].erk V the Burd of supervisors Received copies of this Application and Hoard Order. DATED: County Counselo, By qty Administrator, 83' APPLICATION TO- FILE LATE CLAIM E 3 R ZICJ1 rADnd. F. 4 d ALO In P 4 f �d eF "u ,rVtsc�cs to r 11 t Gras £. wlasbafi � IIc-q ' oA i tQ12 L©sc or u14 15 �' r r � `3 Y 17 18 C,c) A&� o C3-w Gar ISO 21 _ [ tt r-x', l.P'� "r 4 Sri` aL s � � j y QQ 23 24 �� { '"L f `�"r 3IY1, l/ { ` fER � i tj 1 � 1fs ' , Aff it � � Z` *-&4 1 �e iry 9 . � ,arm u Qtr- C t - nC, Ko vg_ u5 C2�t e� y CC n^.3t 12 ��SC�tl�2 t C vt' C3.rc - �r S�Ki a600� 3<5 14 1 152� d kcky t t t t S 16 t fS1 ` ,�C-s►. v' 's-ve C�,f X Cc. S 0 6 17 Yl a PIM €lC r 1 CL r . is o 19 f -S CSC, QV- of T , ty r &,-Tw I e 20 we's x�f �� �, .T i f " 26 '• m3 c �, 6114OVIA'jiAu�, 9 elk c5 Ac ,/' cf fi,a3awt to s Baia or BV79RVZSOIB oP loorm COSTA'COMITY �,Z 29 CQQ= l►. 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 Sicember 31, 1087, gust ba prisentid not ,later than the •looth day after th ae:e»aruaI of the cause of action. Claims relating to cause& Of action for death or for injury to person or to pan proper or grow;ing crops and trhi�ch ace:rue on or ce �"anr ., 18 , east be vt"4 rated not later than six months after the accrual of the causes cef to tt 64 Ciaiss re Tates t4 any a Cheer eea +re of actam svaat b+a ,►reesiatid not lateer year ager the ae �i of the esausi eef mon.,. Cwt Codes ll . '. i. Cla es gust ba filed Stith Chi Clark of � rd of Supir�►isors at its Office: in R00a 3648 County AdmWatration Buildingt 631: Viae Stroot a1, C !'li4S53. C. It claim! is against a district govarnod by the Hoard of Supervisors rather than €e County, this »ami of the District should be fill:d in D. it the claim is against more, than one public entity, separate claims must be filed against each publicentity. E. ZXaud, Sea penalty for fraudulent claims,' Penal Cade Sic. 72 at the end of this form. w��t,t+���t�t��a�►�r�r::a*:���ssr�t��+r :�tst���t,�e:*#:f��� :�a�e�#*�r���t*#tette:# RE: Claim By Reserved for Cl*rk's filing stamp RECEIVED Against the: County of Contra Costa) or } JUL 2 19N. District) CLARIMAD U SUPERASORs (Fill in name) CWRA PSTA G } The undersigned claimant hereby mak+ec claim against the County of Contra costa' or the abovo-namod District in the sum of $ t-teYlo,occ and in support of this claim represents as follows: , r I. When did the damage or injury occur? (Gina erect date and hour) 2. Where did the dam q* or injury occur? (Include, city and county) 3. Now did the damage or injury occur? (Give lull details; us* extra paper if required) � � ';! m#� �� �%( ene3St ',q car a , 4. Vhat particular act or Omission on a part of coon or district officers, so antsy or employ*o Caused the injury or damage' s N 3 (ever) �. What are names of county or district officers, servants or amployeet causing the damage or injury? mQ r Hos 6. 'What damage or inluri:s do you c I resulted? (Give full extent of ihjuriss or damages claimed. Attach two estimates for auto damaga.� PInL • _` 4 . low x "' • off' Mitis tics Sao=t Iude th4 ted t of Q u - Vx, £:a Yn S, mamas and addre*aaEs of witnesses, doctors and hospitals fYW-r r 12, c s 9. List the 'expenditures' you wadi on account of this accident or injury. MO Cie Ov 06-0 0-0 Gov. Code Sec. 920.2 provides 'The claim must be signed by the claimant or by some person an his LIMA: TQ Name and Addresa of Attorney C aimant's Signature}' (Address)' �elephon: Ko, Ts3ep3 one / {L ��t�s�r:�r��►��t+t+��#�t�+�a�r�is«s��t�r������e +r���t�st�:fs,� �#��r,� a�r��,r��+►'� XGTZCE &action 12 of the penal Code provides; rv#ry person mho, with intent to defraud, presents for allowance or for pay"Wt 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 vritipq, is punishable, tither by imprisonment in the county jail for a period of not score than one year, a fine of not exceeding one Oiusah 01 000} , or by beth such mprisorate�ent and fine, or by impriscanmer t In the state prison, by a fine of not excoedirg ton thousand dollars t$ Oto o, or by both such imprisonment and tin*. C.ZI The Board of Supervisors Contra CkWk*I the 8004 County y Adm nisft#on 8uHd g 'LCOu*AdMinWftsW a 651 PIM sheet,Roorn 106 McAnex.Cdforrga 5SP-1293 County AM 'Istolddd ist t�syw���w�e..�a Divx ,�•= �_: Dow*004W.3tdDl t J"OWNAW41%am Didftt T4: Gary;Mosbarger' 5535 Giant Highway Richmond. CA 94806 NOTICE TO CLAILAANT (Of Late-Filed Claim) (Government Code Section 911.3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa on July 21, 1998, has been reviewed by County Counsel and is being returned to you herewith because: _ Your claim for an injury to person or personal property which arose on or before December 31, 1987 was not presented vein 100 days after the event or occurrence as rewired by law. ;,(See Government Code sections 901 and 911.2) X. Your claim for an injury to person or personal property which arose on or after January 1, 1988 was not presented within six;months of the event or occurrence as required by law. (See Government Cade sections 901 and 911.2); _ Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code sections 911.4 to 912.2 and 9461.6) Under some circumstances leave to present a late claim will be granted. (Bee Government Code section H:NGR©UP$\TORT\RISK-P3cy'i'1f IAIM9\SATE\moob.wpd C. L 91 1.6) You may seek the advice of an atbomey of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. IPHIL BAT f-IELC?R, Clerk of the Board of Supervisors and Cou Administrator By: eputy Clerk Dated: Enclosure 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 1 deposited in the United States Postel Service in Martinez, California, postage fully prepaid, a copy of the above Notice to laitnant fof Late Submitted Claim), add sled to the claimant as shown above. Date: 4 By Phil Batchelor by Deputy Clerk R.\MOUPSNTOxT\aasx-MGT\CLAlt4SN ATE\mOob-wpd 4 Ct 2 Capt. C-,v /o12, `f rte � �[�S r3�` ,vii Proc. 3 ' 13 a ctOL ME I lwwwa •A, CLX v Fv,-4-),P-•r 40rccfar;-t hof -Z 10Iac.ack cL 4r,,,2 onaL Copracf cop �t3 �n col e-nv4-10 {S) *,-nrL ry cQ fru¢ ccloy v an f ola in , y ZZ c+-ckdd 13 14 '' ; St- 9t_ti Floor 651 -A.W10cp 171 18 � 19 n54a cy repaint 0- ac-e.c4 �h4o f bin M(n.,r C., US VVI G', . P Q4 i-kc a6'' ermay%+tons-A frog CL-A Corr r 21 "' ,cx�ecLJ ?ct ' r n It a re)a+ncct Cc r' cr-nuc, cc v , `/ OF Cn,��ru 24 25 x Z0 ryi 7- G�, s T " iy a� i �a ,.. 94 CLAMC. S BOARD OF SUM)LISM OF CQN—IRA COSTA COUNTY, CAL O—MIA SMDint sept,1, 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: CMBoard of Supervisors.. (Paragraph lU below), given _&, 3",7MJ) pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: unknown COUNTY COUNSEL MARTINEZ CALIF. CLAIMANT, Craig E. & Deborah H. Andrews ATTORNEY: DATE RECEIVED`; ADDRESS: 3231-.Delta Road BY DELIVERY TO CLERK ON: July 30, 1998 Knihtsen CA 94513 BY MAIL POSTN4ARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Cl Dated: July 31, 1998 By: Deputy II FROA County Counsel TO: Clerk of the Board of Supervisors This claire 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 IS days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warming of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: l By: Deputy County Counsel M FROM: Clerk of the Board TO: County Counsel (1') County Administrator (2)' ( ) Claim was returned as untimely with notice to claimant (Section 911.3): IV. 130ARD'ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. { ) Other I certify th this is a true and correct copy of the Board's Orde/entd in itsminutes for this elate. ��� Dated'; �" . .�� PHIL BATCHELOR, Clerk, By - dty 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 avant 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 1, am now, and at all times herein ntioned,'have been a citizen of the United States, over age 18; and that today I deposited in the United States Pos 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 By -DeTmtv Clerk CC: County Counsel County Administrator VICTOR J.WESTMAN CONTRA COSTA cool Y DEPUTIES: PHILIP S.ALTHOFF COUNTY COUNSEL / ��{ �+ JANICE L.AMENTA OFFICE OF'THE COUN7 T UNSEL SHARON L.ANDERSON ANDREA W.CASSIDY ARTHUR W.WALENTA,JR. C 1 0 1 QN*A€?MWISTRAhONBUI�DING VICKIE LDAWES ASSISTANT COUNTY COUNSEL 651 PAVE STREET,9th FLOdR MARKEMICHAEL D.FAIRR MARTINEZ,CALIFORI'+IIA 94,55--1229 LILLIAN T FUJII SILVANO B.MARCHE51 DENNIS C.GRAVES GREGORY C.HARVEY ASSISTANT COUNTY COUNSEL JANET L.HOLMES KEVIN T.KERR GAYLE MU.BOLI BERNARD L.KNAPP EDWARD V.OFFICE MANAGER' MARY ANN MASONR PAUL R.MUNN IZ PHONE(925)335-1800 PHILIP J.NORvAARD VALERIE J.RANCHE FAX(925)546-107$ DAVID F SCHMIDT DIANA J.SILVER BARBARA N.ISUTLI FFE JACQUELINE Y,WOODS NOTICE OF INSUFFICIENCY AND R NON-ACCEPTANCE OF CLAIM TO: Craig E. and Deborah H. Andrews 3231 Delta Road Knightsen, CA 94513 RE: CLAIM OF: Same Please Take Notice as Follows: The claire 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: 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. [X] 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 claire fails to state whether jurisdiction over the claim would rest in municipal or superior court. Page 1 [ ] 6. The claire is not signed by the claimant or by some person on his behalf.; [ 17. Other: The claim fails to describeany duty or obligation of the public entity and any action` giving rise to the claim. VICTOR J. WESTMAN,County Counsel` By: Deputy County Counsel'' CERTIFICATE OF SERVICE BY MAIL (C.C.P.§§ 1012, 1013a,2015.5;Evidence Code§§64I,664) 1 declare that my business address is the County Counsel's`office of Contra Costa County,651 Pine Street,'Martinez,California 94553;1 aril a citizen of the United'States,over 18 years of age,employed in Contra Costa County,and not party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: August 3, 1998,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY of CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page' 2 C.z February°-16, 1937 Craig E. and Deborah H. Andrews 3231 Delta Road RECIE Brentwood,CA 34513 ,. -!998 CLERK SOAR. STAEI VISORS Risk Management,Liability Claims Section County of Contra Costa 651 Fine Street Martinez,CA 94556 "Hand Delivered" "NOTICE OF INTENTTO FILE CLAIM FOR DAMAGES" This correspondence shall constitute our formal notice of intent to claire,and eventually sue if necessary, for damages to our property and structures at 3231 Delta Road, Brentwood,CA 94513. This claim is for water damages. This claim is made by Craik;E. &Deborah H. Andrews,hereinafter referred to as "Claimants". This claire is made against the County of Contra Costa, its employees,contractors and agents, hereinafter collectively referred to as"County''. This claim is based on the willful,negligent and unlawful collection,diversion, conveyance and retention of water collected'from East Contra Costa Irrigation District {ECOID} facilities and other sources including the Eden Plains Road culvert,which inundated multiple properties in the"triangle"of parcels'located northeast of the Santa Fe Railroad`tracks: This claim is made for damages resulting from the collection,diversion, inadequate distribution and ultimate'retention of water through County facilities which was collected and diverted from ECCID Facilities and ether intentional man-made conveyances and diversions. This is not a claim for storm nmoffdamages. The specific of this claim are substantiated by eyewitness accounts, still photographs, aerial photographs'and videotape which clearly demonstrate the volume,rate of discharge and path of water flowing to the impacted properties via County owned and maintained conveyances. The County failed to act in a responsible manner to prevent or mitigate this flooding which occurred repeatedly over several days. The resulting diversion and retention of water caused flooding over Byron Highway onto to our property which resulted in damages tieing sustained to that property., The items damaged include_ driveways,well,septic system,animal health,animal feed, equipment, etc. The actual costs of such damages cannot be determineduntil such time that the water recedes and inspections can be made. Claimants additionally claim damages for loss of use of Claimants' Property,declined property values,Hardship,pain and suffering,and Claimants may seek punitive and - exemplary damages if such damages are appropriate:' Claimants demand that the County cease and desist diverting water onto Claimants' property Claimants'demand that:the County seek immediate injunctive relief against those parties responsible for said damages if not the County. Claimants expect the County to act in good faith,mitigate damages caused and offer fair compensation for hardship,pain and suffering,and for the other damages which it has inflicted Craig E. &Deborah 14.;Andrews 3231 Delta Road Brentwood,CA 94513 CLAIM BOARD OF SUPERVISORS of CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION. Sept 1, 1998 Crim Against the County, or District Governed by the Board of Supervisors, RantingEndorserrlents, NOTICE TO CLAIMANT and Board Action. All Section references are to ? The copy of this document mailed to you is your California Government Codes. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and JUL 3 915.4, Please note all "Warnings".> AMOUNT: Superior Court jurisdiction COU"Ty COUNSEL MA TINEZ CAUF- CLAIMANT: Melody and Denis Bellmore ATTORNEY:' Peter J. Hinton DATE RECEIVED: "Hinton & Alfert ADDRESS: 1646 N. California Blvd. Ste 600 BY DELIVERY TO CLERK ON: July 30, 1998 Walnut Creek CA' 94596 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO. County Counsel Attached :is a copy of the above-noted claim. PAIL BATCHELOR, Cie Dated: July 30, 1998 By: Deputy H FROM: County Counsel TO' Clerk of the Board of Supervisors 00 This claire complies substantially with Sections 910 and 910.2. { ; ) This claire 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 claire 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: 2 -By:_ Deputy County Counsel M. FROM: Clerk of the Board TO: County Counsel (1) County'`Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3): 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 ent d in its minutes for this date. Dated:,<-. , . f �` '� °s PHIL BATCHELOR, Clerk; By � i ;TSeputy 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 cel-tified copy of this Board Order and Notice to Claimant, a ressed to the"claimant as shown above. k Dated,. °` By: ' PHIL BATCHELOR B Clerk CC: County Counsel County Administrator PETER J.'HINTON,'SBN 36400 RE A HINTON &ALFERT A Professional Corporation JUL 3 0 1998 1 1646 North California Boulevard ; Suite 640> CLERK sOA O nFS "SORS Walnut Creek,',California 94596 NT 0 Telephone: (925) 932.6006 Attorneys for Claimants MELODY BELLMORE and DELIS BELLMORE, individually, and as Guardians ad Litem of DYLAN BELLMORE, a minor CLAIM AGAINST THE COUNTY OF CONTRA COSTA (California Govt.Code Section 910) To: County of ContraCosta, Board of Supervisors, 651 Pine Street, Room;'106, Martinez, CA 94553 Claimant: MELODY BELLMORE and RENIS BELLMORE, individually, and as Guardians ad Litem of DYLAN BELLMORE, a minor Address of c/o Hinton;& Alfert, 1646 North California Boulevard, Suite 600, Claimants: Walnut Creek, California 94596. Claimants c/o Hinton. & Alfert Telephone: (925)952-6006 Date of incident: March 14, 1998' Location of Can State Highway 4 eastbound .2 miles east of Byron Highway (J- Incident 4) or .2 miles east of MP 004 CC 44.31 Contra Costa County, State of California. Amount of The amount of damages sought by the claimants as of the date of Claim: the presentation of this claim is sufficient to establish jurisdiction in the Superior Court of the State of California. These damages consist of general and special damages for personal injuries as set,.forth below: CLAIMANT MELODY BELLMORE: personal injuries,lass of future wages, loss of future earning capacity, and wrongful infliction of emotional distress for witnessing the wrongful death of her son,TRAVIS BELLMORE, and the personal injuries suffered by her son, DYLAN BELLMORE, and a claim for the C' wrongful death of her son, TRAVIS BELLMORE, arising from a vehicle accident which occurred on March 14, 1998 as described above'. Said personal damages include, but are not limited to, medical expenses, past and future, lost wages, loss of earning capacity and incidental expenses. Past and future wage losses are unknown at this time. Damages with respect to the wrongful death of TRAVIS BELLMORE include general., pecuniary and special damages, including, but not limited to loss of love, companionship, comfort, affection, solace or moral support, loss of future physical assistance in the operation'and maintenance of the home; loss of future financial support, funeral and burial expenses, interest, and incidental 'expenses. Medical, funeral and burial expenses have not been fully ascertained at this time. CLAIMANT DYLAN BELLMORE: personal injuries, lass of future'°wages, loss of future earning capacity, and wrongful infliction of emotional distress, for witnessing the 'wrongful death of his brother TRAVIS' BELLMORE and the personal injuries suffered by his mother, MELODY BELLMORE arising from a vehicle accident which. occurred on March 14, 1998 as described above. Said personal damages include, but are not limited to, medical expenses,'past and future, lost wages, loss of earning capacity and incidental expenses. Past and future wage losses are unknown at this time. Damages with respect to the wrongful death of TRAVIS BELLMORE include general, pecuniary and special damages, including, but not limited to loss of love, companionship, comfort, affection and solace or moral support. Medical expenses`have not been fully ascertained at this time. CLAIMANT DENIS BELLMORE: a loss of consortium claim for the personal injuries suffered by his spouse, MELODY BELLMORE, general,pecuniary and special damages, including, but not limited to loss of love, companionship, comfort, affection, solace or moral support, and lass of future physical assistance in the operation and maintenance of the home. Damages with respect to the wrongful death of TRAVIS" BELLMORE include a loss of consortium claire and general, pecuniary and special damages, including, but not limited to loss of Love, companionship, comfort, affection, solace or moral support, loss of future physical assistance in the operation and maintenance of the home, loss of future financial support, funeral and'burial expenses, interest, and incidental expenses. Medical, funeral and burial expenses have not been fully ascertained at this time. Nature of Claimant MELODY BELLMORE suffered severe physical Injuries: injuries including, but not limited to, lass of consciousness, closed head injury, and severe physical injuries including neck, back, arm and knee injuries which have caused serious permanent disabling injuries and emotional distress. The complete nature and permanent extent of her injuries has not been ascertained at this time. Said damages include, but are not limited to, medical expenses,past and future, lost wages, loss of earning capacity and incidental expenses. Claimant also has a claim for the wrongful infliction of emotional distress for witnessing the wrongful death of her son, Travis Bellmore and the injuries''suffered by her son, Dylan Bellmore as set forth herein. Claimant DYLAN BELLMORE suffered severe physical;injuries including but not limited to, a loss of consciousness, headaches, and neck pain. Claimant also has a claim for wrongful`` infliction of emotional distress for witnessing the wrongful death of his brother, Travis Bellmore and the injuries suffered by his mother, Melody' Bellmore as set forth herein. Claimant DENIS BELLMORE has a loss of consortium claim for the personal injuries suffered by his spouse, MELODY BELLMORE, general, pecuniary and special damages, including, but not limited to loss of love, companionship, comfort, affection, solace or moral support, and lass of future physical assistance in the operation and maintenance of the home. Damages with respect to the wrongful death of TRAVIS BELLMORE include a claim for loss of consortium and general, pecuniary and special damages, including, but not limited to loss of love, companionship, comfort, affection, solace or moral support, loss of future physical assistance in the operation and maintenance of the home; loss of future financial support, funeral and burial expenses, ' interest, and incidental expenses'. Name of Public Public employees agents, and/or personnel of the County of Employees of Contra Costa, presently unidentified,' who were involved Responsible: in or had responsibility for the design, construction., highway marking, speed., environmental impact of housing developments and their effect upon the traffic volume, and maintenance of Highway 4 from the area known as Discovery Bay westbound, insofar as it affected the following: 1. An inadequate number of traffic lanes to accommodate; increased traffic volume resulting from housing developments in the eastern section of Contra Costa County, including the area known as Discovery Bay, 2. The failure to provide'adequate turn lanes or passing lanes on Highway 4 from the area known as Discovery Bay west through and including it's intersecting point with Byron. Highway, I The failure to provide' adequate lane markings, signs and harriers to prevent vehicles from making unsafe turns' across the highway; 4. The failure to conduct and implement environmental impact studies concerning the increased traffic volume resulting from the housing developments being constructed in the area in and around Discovery Bay and eastern Contra Costa County; 5. The history of accidents involving left turns from Highway 4 onto minor roads or into private driveways; and 6. The failure to monitor and adjust the speed of Highway 4 on the two'-lane portion of Highway 4 between Oakley and Discovery Bay to adequately handle the traffic flow and volume on Highway 4 resulting from the housing developments constructed in and around Discovery Bay and eastern Contra Costa County,'and further that the speed was excessive on the two-lane portion of Highway 4 between Oakley and Discovery Bay to safely allow'left turns onto minor roads or into driveways. Circumstances: At the time::of and immediately prior to the happening of the accident in question, claimants Melody,.Bellmore, Dylan Bellmore and Travis Bellmore, deceased', were passengers in a vehicle owned and operated by Barbara'Troxel. The Troxel vehicle was traveling in a line of several vehicles behind a vehicle which stopped .to make a left turn into a private driveway on the south side of Highway'4 at a point .2 miles from it's intersection with Byron Highway. The Troxel vehicle came to a stop and was rearended on the right rear corner of the vehicle by a vehicle operated, by Karen McGuigan. The McGuigan vehicle attempted' to avoid the Troxel vehicle'by passing on the right side of the roadway. As a result of the impact from the McGuigan vehicle, the Troxel vehicle was caused to veer to the left and cross the center line where it was C. 211 immediately hit broadside by a vehicle owned and operated by Joseph Moglia. As a result of the impact, Melody Bellmore was ejected from the Troxel vehicle. Dylan Bellmore was knocked. unconscious. Travis Bellmore was killed. Claimants are informed and believe that Highway 4 at its point .2 mile east of Byron Highway is a 2-lane highway, one lane in the easterly direction and one lane in the westerly direction. Claimants are further informed and believe that on March 14 1998, ;Highway 4 had lane markings which consisted of one set of double yellow lines which allow vehicles to cross over said lines to make left turns'. The highway itself was not posted with a "no left turn" sign in the westerly direction'between the point of Discovery Bay and the Highway 4/Byron Highway intersection. Claimants are informed and believe that in recent years the traffic volume upon Highway'4 in the eastern section of Contra Costa County, including the area known as Discovery Bay, has increased and that the existing traffic lanes are inadequate to handle the increased traffic volume which travels at speeds greater than the posted speed limit of 55 miles per hour., Claimants are informed and believe that the lack of adequate traffic lanes`to handle the increased traffic volume, the failure to provide adequate'turn lanes or passing lanes, the speed on the 2- lane section of Highway 4, and the inadequate or lack of markings, signs and barriers'preventing left turns allowed the traffic on Highway 4 at a point .2 mile east of Byron. Highway to become congested behind a slow moving vehicle which'then stopped to make a left turn into a private driveway. As traffic' from the rear of the line of vehicles carne to a stop, the vehicle operated by Karen McGuigan impacted the Troxel vehicle causing it to cross the center line and to be hit by a'vehicle traveling eastbound. As a result of said collisions,"the Bellmore claimants suffered the injuries and the death'of Travis Bellmore described herein. The date and time of the accident were March 14, 1998 at approximately 9:30 a.m.' At the time of the accident, Highway 4 at a paint .2 mile east of Byron Highway in Contra Costa County was a public highway which was designed, controlled, owned, operated and maintained by the State of California and the 'County of Contra Costa and was a common route for traffic to use to travel from San ,Joaquin County and eastern Contra Costa County areas to Contra Costa County and other counties in the area and„upon which' heavy amounts of traffic traveled on a'daily basis C. resulting from the increase in affordable housing being developed in the eastern Contra Costa County and San Joaquin County areas, and it was reasonably foreseeable that heavy traffic volumes would occur as a result of such growth and it was reasonably foreseeable that vehicles would make left turns from eastbound Highway 4 into private driveways or minor roads located. along Highway 4 and that as a result of increased traffic traveling at high rates of speed along with vehicles which are stopped or traveling slower to make left turns, traffic collisions such as this one would''occur at said location. The County;of Contra Costa negligently participated in the design, construction, maintenance, operation, control, inspection and supervision of said roadway in such a manner that it was caused to be in a dangerous and defective condition in that it did not provide for adequate traffic lanes to accommodate increased traffic volume from new housing developments in San Joaquin County and eastern Contra Costa County,failed to provide adequate turn lanes or passing lanes on Highway 4 even though there is a 'significant history of left turn accidents on and along Highway 4 failed to provide adequate lane markings, signs, and barriers to prevent vehicles from making unsafe turns across''Highway 4, failed to conduct and implement environmental impact studies concerning the increasedtraffic volumes, and failed to monitor and adjust the speed of Highway 4 to adequately handle l the increased traffic volume on Highway 4. All said conditions were caused or contributed to by the aspects of design, construction and maintenance set forth above. The County'of Contra Costa created and maintained a dangerous and defective condition of said roadway as aforesaid and created a substantial risk of injury to persons using the said roadway with due care. Said condition was created by the County'of Contra Costa, its employees and others, and the County of Contra Costa had actual or constructive notice of the dangerous and defective conditions of said roadway a sufficient time prior to the accident to have corrected the dangerous condition. Based upon the inadequate number of traffic lanes to accommodate the traffic volume, the inadequate turn lanes or passing lanes even though there is a significant history of left turn accidents on and along Highway 4,; the traffic:conditions described above, the accident hisotry relating to left turns from Highway 4 onto minor roads or into private driveways, and the speed of the traffic on Highway 4, the Troxel' vehicle which had stopped in a line of traffic behind a vehicle turning left from z Highway 4 into a private driveway was placed in a trap which was createdthereby and which caused 1VcGugan's'vehicle to impact with the right rear of the Troxel'' vehicle which in turn caused the Troxel vehicle to cross the centerline where it was immediately hit broadside by a vehicle traveling eastbound on Highway 4,' causing serious,physical injuries to Melody Bellmore and her son, Dylan Bellmore, and fatal injuries to her son, 'Travis 'Bellmore. The Bellmore claimants contend' that these factors contributed to the occurrence of this accident, and that there was no warning of these conditions. Discovery and investigation are continuing. As a proximate result of the negligence of the County of Contra Costa and its employees, and of the dangerous condition of said roadway, the Bellmore claimants were injured and damaged as above.- described and are entitled to damages as described herein. Dated July 29, 1998 HINTON & ALFERT PET t TON Attorneys for Claimants MELODY BE L 40RE and DENIS BELLMORE, individually, and as Guardians ad"Litem of DYLAN BELLMORE, a minor CLAIM BOARD OY SUMISOR—S, F NM Q55QQ551A 00UNMCALEMNIA C •Z` BOA ACTIONSept 1 1998 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references ere to } The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. {Paragraph IV below), given pursuant to Governnvi t Code Section 913 and 915.4. Please note all "Warnings AMOUNT: unknown OAUM VNSEL CLAIMANT: J.R. Benner �`1gZCALIF- ATTORNEY: Holly P. Love DATE RECEIVED-, ADDRESS: 3263 Delta Road BY DELIVERY TO CLERK ON July,28, 1998 Brentwood CA 94513 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, C rk Dated: July 29, 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 Beard 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: VF By: Deputy County Counsel M. FROM- Clerk'of the Board' TO: County Counsel (1) Comity Administrator (2) ( ) Clain was returned as untimely with notice to claimant (Section 911.3). IV. BOARD'ORDIR: By unanimous vote of the Supervisors present: This Claim is rejected in.full. Other I certify tl t this is a true and correct copy of the Board° C rdor en `ed in its minutes for this date. 1 f - " �.r--15e ut Clerk Dated, 1 .. say P141L BATCHELOR, Clerk, By' � � p y WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the, date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code'Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side'of This Notice. AFFIDAVIT OF MAH ING I declare under penalty of perjury that 1 ant 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 o this Board Order and Notice to Claiman/abssed o tht,claimant as shown above. DatedBy: PHIL BATCHELOR B} 1 h ��.�trty Clerk c CC: County Counsel County Administrator Vi e �: r dal"age due to h , 3aea Mon, :16 Feb 1998 10:53.52 -0800 From: Dvelplve eeis, -rn> SOARD i ji; A Benner C WWSOR, ` 31-63 Delta ltd. ilrtse ,01,9451 3 FEB 155, 1998 Hand delivered t 'Marsha N OT K E OF INTEN T TO FILFORDAIMAGE This correspondence spallonstittrte our formal notice of intent to claim, and eventually ue if necessary, for damages to the property and strudures at 311-63 Delta rd. ,Brentwood< a, 94513 This claim is niade by James Robert Bennerjiereina4er refimtd:toas clainnent 'rlris claim is jade against the County o1 Contra Cost ., its efilployees., contractons and agents, hereinafter collectively r6erreii to'as "County €€ This,e lite is leased on the will, €e li :east and unla �l llecti diversion, conveyance and retention of water'eolleete frog fast Contra Costa rri t on'Fii-st ict JECCID I facilities and other source includeing Eden plains Road,culvert, which innund ted mmulti l properties in the "tnaan le" of parcels located'northeast ofthe Santa Fe railroad tracks. This claim is'made for damages resulting `rom the collection, diversion, inadequate 4istu tion and ultimate retention of water through CountyFaddities which N as collected and diverted from ECC Facilities and ether Intentional,rnan-madeonveya ces and diversions.>> °INS is NOTa claim for stoma runoff darnages. The specifics+ this claim are substantiated by eye pit ess!accounts, still photographs,areial photographs and videotape which clearly demonstrate the vcalume,rate of disebargae and path of water flowing t the impacted-prperties via County owned and maintained tai d co veya c . The County failed to act i a responsible manner to prevent or mitigate this flooding which caee red repeatedly over several days, '. The res lti€g diver ion and retention o � t r a s d radia zee Byron ley onto my property which resulted i dalma eO,being sustained to that property. 4w 0.3 .,h a;R.I ` TUpa-Inn-.'..2ze-. vvwlb arena 'Iw, i a2�-Kroo-m 3✓weii .a'au.',soi spalls fent , rotting frosts from standing water, Septic]each line; . + and Hugo pian Fleet Ari ult ral land takeing the run oft-froLand And the damages the high water did to his crops frrn drainage of ni le��Ed. 'rhe actual diets of such darnages cannot be detennined until such time that the water recedes and inspmtions can be made.' Xtra sand for the area 7 loss ofincome from loss ofuse farena, tra bedding in the stalls to keep',the livestock dry. s Claime t addlti all 'claim.damages for lows ofuse of elai e t property, declined.property values, hardshippain and sufferingg, and lai entma° seek punitive and exemplary damages if such damages are appropriate. ;laime t de and that the County cease and desist diverting water onto '`laiet property. Cs`lait e t demands that the County seely immediate i€jLjjuntive relief againstthose parties responsible for said damages if not the County, claiment expect the county to act in good Fault , mitigate damages caused and offer fair e€i p nsati n for hardship, pain and suffering, and for other damages4hich it has inflicted. R - ,nYe i:'W'nis aai na� a `nceILis.:.e ,ovci aren F a.€.� is i ackr wr'c..m, rower ,`v4ati:i:..:a '"`:: ... i s fencing, rotting posts fronn standing water, Septic]each lire, and.Hugo Van Fleet Agricultural land takeing the ran off from my Land And the damages The high water did to his crops from drainage off m land.. The actual costs of such datrages cannot be detennined until such tr titre that the water recedes and inspections can be made. Xtra sand for the arena ,loss ofincome from lass of use ofarena, xtra bedding in the stalls to keep the livestock dry. CLAIM .z.' BoAgp OF SUpERVISQRS OF CONM COSTA COUNTY CALIFORNIA BOARD ACTI Sept 1, 1998 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing ;Endorsements, ) NOTICE T9 CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your California Government Codes. TILIXC41EIIVIIIDnotice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given AUG - 1998 pursuant to Government Com Section 913 and 915.4. Please noteall "Warnings". COUNTY COUNSEL MARTINEZ CALIF. IF. AMOUNT: unknown CLAIMANT: °Mr. &"Mrs. Ardrey L. Boyce ATTORNEY: DATE RECEIVED ADDRESS: 8180 Byron Hwy BY DELIVERY TO CLERK ON: July 30, '1998 Brentwood CA 94513 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. P141L BATCHELOR, Clem Dated: Aug 3, 1998 By Deputyy H. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ' ) This claim complies substantially with Sections910 and 910.2. ( f This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The d° N Board cannot act for 15 days (Section 910.8). ( } Claire is not timely filed. The Clerk should return claim on:ground that it was filed late and send warning of claimant's right to apply for leave to present a'late claim (Section 911.3). } Other: Dated: By: Deputy County Counsel IH. FROM: Clerk of the Board TO: County Counsel (1)` County Administrator (2) ( ) Claim was returned as untimely with notice to 'claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: j This Claim is rejected in full. Other: I certify that this is a true and correct copy of the Board's Order ente in its minutes for this date. Dated: $ n. PHIL BATCHELOR, Clerk; By f. - � Ey Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you:,have only six (6) months::frotn the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section'915.6. You may seek the advice of an attorney'of your choice in connection with this matter. if you waist to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT'OF MAH N'G 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 1 deposited in the United States Post'I 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 By:By: PHIL BATCHELOR By� e "Clerk CC: County Counsel County Administrator 1.•7.`` " VICTOR..WESTMAN CONTRA COSTA COUNTY oEPUTALTH COUNTY COUNSEL �c C {� CO €i . JANI E AMENIA OFFIC�OFTH� C U COUNSEL SHARON L.ANDERSON ANDREA W CASSIDY ARTHUR W.WALENTA;JR. VICKIE L.DAWES COUNTY ADJv11NISTk3A?tCkN BEJILDI�tG' MARKE S.ESTIS ASSISTANT COUNTY COUNSEL 654 PINE STREET,9th FLOOR MICHAELD.FARR MARTINEZ,CA{.IF08 I �J3-122 LILLIANT.FUJII SILVAN®B.MARCHESI DENNIS C.GRAVES GREGORY C.HARVEY ASSISTANT COUNTY COUNSEL JANET L.HOLMES KEVIN L KERR GAYLE MUGGLI BERNARD L.KNAPP OFFICE MANAGER EDWARD V.LANE,JR. MARY ANN MASON PAUL R.MUNIZ PHONE(925)335-1600 PHILIP J.NORGAARD FAX925 646-11776' VALERIE J.RANCHE ( ) DAVID E SCHMIDT DIANA J.SILVER BARBARA N.SUTLIFFE JACQUELINE Y.WOODS' NOTICE OF INSUFFICIEIV AND/ R NON-ACCEPTANCE OF CLAIM TO: Mr. and Mrs. Ardrey L. Boyce 8180 Byron Hwy Brentwood, CA 94513 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: [ `] L 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. [ ] 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 claire 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` 1 [ ] 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.' [XX] S. Other: Although claim..indicates"as of Feb 14 [County]was still pumping",we can not determine the start date of the alleged injury. VICTOR J. WESTMAN, County Counsel By: Deputy County Counsel CERTIFICATE OF SERVICE BY MAID (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;E am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a'true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: August 6, 1998,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.x#,910.8) Page 2 Cy . CEIVED CIL IL 3 0 1998 Klil �.. #.„�", ''4.1�R. «,+� ,�s'a' rY,� C"�C' ....L.+'°:.J":�"a.�"`r..N� � yv�. �"',.4.."�,`: s..: ,i`.� 'L �.:'„ ,sq;y7�,.h. ..�` a'i'�xi'a......-•r lip Z� Ar d e „�.._ '. � ,.« _,.tea• `3 . L Jew,-2,''.~"=� ,7 r r f`'Y>: !;�"'� r",,,,r",Z.,.� �,���, r �,.�<' 'v �' � ��r"' �-• � "c�.,,.,�„.,. � i„..�r''����dam• s;` $i F ,- P”d, � Y� Ev...�^ 3�< •':�;r7�,�,.. ,x- �[ d�..-psi`.s'"�-°"�' �"` `..�„.� '� ,...�'�. .:�.u.. ,72c p -"^^t t'".sc`'-;;�. - <-`-:''J p"` •-'` •- �;L ``.. .,. :'�• ,_-.. .... - 3`G: '•c.. °' .- F.'---'"t` -' ..w'-' ,�. u' �'^" r'�„�„%:%.fir 2".- ti,.:�" .[�_--�.n�`��� •"£r',,>�.�y ..�..�'�r• J I,.. `r G`��,•'r &'�:`°'i=�'"�,..,.. ` '�����w'�. •w� "l� 7> •'°°s :."�,:"ry'� L �..' �c:. 4 C'v:_.q�..,,�i.r�„,„..s Cc ,y s Gf , f �' �/'�`• -`�:'`';�'�d,€� d�..... >.,."`��y.Com'",�'2 z.�'��.c.,.".-' f f rte✓' '����--^�`.ww �'`� "��Vie'�� _ -� `�,. -...�C`'�*=— �"�.�-. --, �.�'"--•�`7 c' / � -��"` ��� x• �`�•:. �"'M-.,.v. -� ,:� �`'.i'� fie:''��_..� ^�'"I�� �� '� ,< '~��'�._ -��'~ .�*=���-�'"� ��"��>� C �,,�"��'� ,� -�'�..�.. `� ems.." ,- �: ,• ��.�..�- c=��,.r�:_ now, � l .G..£- aY ?a...,.��... �dr cr„'p,...F” :C..-4i`a'`+w.-.,,.` .- g e^-�„ 4�!�•�`�'=.�.. �." �"� �''.-- .r;...� PrP'„..;.,�. ,..s -�'�.�.�" 'sT't a`" d" P�•�C=. !i[..�d'-.r'...l'� c,� ��..�L...C ..,9"°�� "i: l Y�..::� W711 f' r moi' l " C. AL— re 6-7 Tia...r'"•�."�.� : � ...,Y Jay /C Fn.. CLAIM C. BOAR OF, SUPER'VISM OF CONTRA COSTA COIUNTY, CALIFO)RMA MID AC11 Sept 1, 1998 Clalr : Against the County, or District Governed by the Beard of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Bokd Action. All Section references are to The copy of this document mailed to you is your California Government Codes. l notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), Oven XCT &,,VIED pursuant to Government CodeSection 913 and 915.4. 'Please note all "Warnings". 1999 AMOUNT: $225.00 COUNTYCOU,KSM , CLAIMANT: Ruben..& Baraba Castellon ATTORNEY: DATE RECEIVED: ADDRESS: 109 Miramonte Road BY DELIVERY TO CLERK ON: Walnut Creek CA 94596 BY MAIL POSTMARKED' July 17, 1998 1.` FROM: Clerk of the Board of'Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, (�rjk Dated: July'20, 1998 By: Deputy H. FROM: County Counsel TO:' Clerk of the Board of Supervisors ( ) This claire 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 tate and send warning of claimant's right to apply for leave to present a late claim (Section 911.3),' } Other. Dated: By: UAA, Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. } Other: I certify that this is a true and correct copy of the Board's Order en 'ed in its minutes for this date. Dated; b PHIL BATCHELOR, Clerk, By }'A, eputy Clerk WARNING (Gov. code 's(Ktion 913) Subject to certain exceptions, you,have only six (6) months'from the date this notice was personally served or deposited its the snail to 'file a court action on this claim See Government Code Section 945.6. You array 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 ate now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today 1 deposited in the United States Pos I Service in;Martinez, California, postage fully prepaid 'a certified copy of this Board Order and Notice to Claimant, dressed:to the claimant as shown above. Dated,, ,_ By: PHIL BATCHELOR B ty Clerk CC: County Counsel County Administrator Cialli tot BOARD OF Y'1SORS or 0DRTRA STA C OIDN`tYC.lot I TRCTCTIONS 70 Ci ADW A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 310 1987, must be presented hot later than the 200th day after the accrual of the cause of action. Claimrs relating,to causes of action for death or for injury to,person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months 'after the accrual of the cause': of action. Claims relating to any other cause of action must be presented not later than came year after-the 'awm al of the cause of action. (Govt. Code 5911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Fine Street, Martinez, CA 94553. C. If claim is against a district governed 'by the Board of Supervisors, rather than the County, the new 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. Bee penalty for fraudulent claims, Penal Code Sec. 72 at the end of this BE: Claim By Reserved for Clerk's filing stamp at df yam-. m p.� `� ' gains the County of Contra s"Ej JUL 2 0 s or ) €�O SU` District) . .. Fill n name The undersigned elaimant hereby makes claim against the County of Contra Costa :or the above-named District in the sum of I A §: , C>o and in,support of this claim represents L as follows: s..rr...rrsewr.r�.,r.rswr�sw.r.rr.r—.. .rr.rrw.- 1. When did ;the daamage or injury occur? (Give exact' date'and hour) cN.. f. 2. When did the 'damage or ,inJury occur? (Include efty and county) �' �_"�o D 4a, .€ s ,�� r'�� }F'" 3 aE r t'�pt�"�" ' .9 gL'ilYwYwRi.u�w-111 i 6• N" «` S *'..ws° } ~Y 8 6 L, 8rijyri *„,�� 3.' How did the damage or injury 'occur? (Give full details; use extra paper if required) f .^R.,. Y �. 3 8 F± ?°"d"n - r 3� 3..n'` p a .E✓'`fi q s' -;�3 }' •.. } 4. khaturticu2ar aCt oP Mission can the 'part of county Or district officers, servants sa aploy S Doused 'the injury 4WW? kl (uvea) ,.4 5. What are the names of county or district officers, servants or employees eausiia the damage or injury? 11 (CIA§: x 9 :' _. tom, Lz 5. What damage or injuries 'do you claim resulted? (Give 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., 47 �.M..... .�..�....._� __»___,.�.._,. LZ.... .. _......,_.. ,.....r.. .. ...... .,.,..... ..»».. 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 i s l�•°� '�'49 to 61 Gov.' Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES T0: (Attorney) or some son on his behalf," Name and Address of Attorney Claiman 's Signature IL UE (Address) Telephone No. Telephone' No. ". ' , ' NOTICE Section 72 of the 'Penal Code provides: 'eery person who, with intent to defraud, presents for allowance or for paymentto 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 puxtishable tither by itaprisonment in the county ,jail for a period of tit more than � 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 (sio,000, or by both such imprisonment 'and fine. C+ ContraCosta County Sheriff's Department R.Q. Bax 391 Martinez, CA 94553-0039 ATTN:` Deputy Deluna RE: Complaint Number: '98-14138 Date of Loss 5-23-98 Home Owners Ruben and Barbara Castellon Deputy Deluna: I'advised you on the phone that the carpeting had several areas where the fingerprint dust had apparently been spilled. Enclosed please find the first and second bill for removal of the finger print dusting compound that stained the carpeting. The compound was all over the carpet in the west and master bedroom. we were not home at the time the compound was used. The stains did come out after the two'attempts. We are requesting reimbursement for the cost of the clean up. ;;Our deductabie under our homeowners policy is $250.00, therefore this expense is not covered.' Please advise if any further information is needed. Thank you for your assistance. Sincerely. Barbara Castellan 109 Mramonte Rd Walnut Creek, CA 94596 51(x-937-5393 REsouAGE CARD THE'CENTEA ....»..» . '».....» 828-HELP BATTERED WOMEN'S ALTERNATIVE.....»...'93(1' (HOT LINE) CHILD ABUSE..»..». .....»,» 3724000 T LINE) RAPE CRISIS...»..» ...»..... n,.,,.,,... 798 7273(H T LINE) CRISIS&SUICIDE pAEYENTIOH......... 472.0998'.(H LIFE) MISSING&RUNAWAY CHILDREN......... »......... $00-6214000 8BAY POINT 'C"ARPET + � Wig NONE UNDER ,. BAY HOiN AL(r,. FAX 5 10 704-0463 „�. NAME !"' �_ DATE'CNTr1ER�l3 ' t7ATES EbVLE ADORES 4 SERVICE TEC: k CARPET FURNITURE PHONE OTHER TEPIAS CARPI`f ITEM" SIZE SQ.FT. ISI FICE TC3T/4I , X X ..... . .-. . __ X.... .. .... _... . : ..... : .. . ... X X X SPECIAL.IN$TRUCT IONS TOTAL MATERIALS TOTAL LABOR 1 certify that I have read conditions on reverse side and agl a to same. t T AX SIGNATURE '. t)Ait TOTAL 1 hereby acknowledge the satisfactory completion of the above desefted work. *_ i k cYbu SIGNAtUAE DA;} .z int, ET CLE MING MEANS C rn a 94565 WORK ORDER (925) 709-1882 FAX (925) 70-4-04631 21 {SATE ORDERED GtA RULED DRB SERVICE ITf op 11� CARPET FURNITURE PH OTHER TERAS:` ... x � .. x x � _ x _ x 1 x »........ .. ... ........ ....«... .... ......n. ...».....« .»....... SPECIAL INSThUCTR{Sti'S TOTAL MATERIALS ## TOTAL LA13OR i I certify that l have read oondtHons on reverse side and agree to same TAX 8KMTURE DATE TOTAL I hereby son owledge the saustactory;oompletiort of the above descrtbed work" Th 'Ik cY SMQNATURE. DATE t ' AsIN rx t 'fit [ r • G ! 'A 'N CLAIM C.Ll BARD OF SUPERVISM OF=CONTRA COSTA CONT (, CALIFORNIA OWD ACTION Sept 1, 1998 Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIIIAItT 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 RT"clsaw7g) pursuant to Government Code Section 913 and 915.4. Please note all: "Warnings". US `� 1998 AMOUNT: $100,000 ' CLAIMANT: Donald Cavness ATTORNEY: DATE ''RECEIVED: ADDRESS: 901 Court Street BY DELIVERY TO CLERK ON Aug 3, 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 BATCHELOR,Oerk Dated: Aug 3, 1998 By: Deputy - IL FROM: County Counsel TO: Clerk of the Board of Su ` visors ( } 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: L7 By Deputy County Counsel M. FROM 1 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 en# ed in its mit uses for this date. Dated R .. t `-�=`"� PHIL BATCHELOR, Clerk, B �.: ?.-_> uty Clerk WARNING (Gov. code s'ction 913)' Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the snail 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 MAII.,ING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United' States Post I Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant,"p dressed ''to the claimant as shown`above. F � Dated By: PHIL BATCHELOR By -` _ %' f0eputy Clerk CC: County Counsel County Administrator Clain` tos 310ARD O! STUPE VISt3RS OF CONTRA COSTA COUNTY �•� 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 accrualot the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not dater 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.} B'. Claims must be filed with the Clerk of the Board :.of Supervisors at its office in Room 1.06, County administration Building, 651 Fine Street, Kart nez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, Mather 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 fraudulentclaims, penal. Code Seo. 72 at the end of this form, •#e�r�r:•r��t�� �,�s,��,r�r�ttr:,���:t��+�:���►:��►��r:#ray �s���s� ��,�sr�t#+t�**�►ft�ef RE: Claim By Reserved for Clerk's 'filing stamp' RECEI ED Against the County of 'Contra Costa) or AIJIG ) 311 nV District) CLEF K 80fUof SUPERVISORS (Fill in name j The undersigned claimant hereby makes claim against the County of Contra Costa or the above-rnazed District in the sum' of S 100 Ooo and in support of this claim represents as :.follows. 1. When did the damage or injury occur? (Give 'exact date and hour) b A� '71le/0 - Y, , ob r silt F 2. Where 'did the damage or injury occur? (include city and county) 3. Nov dial the damage or n jury occur? (Give full details- ince axtr y paper if sr ire 7/4,/98- .4 �+o ,.r,.ic ,�►�p,.��/a:vo O� / t�«5»j c rt trray: Cc//41} r C. � "-M5i.-1.4� �3 b4rXj-1.101C d&n �i 744f �irs/t4�i �{,JA$ 0 f 7. }C 4401 14"Y 7 0,411 Ora#Y M-04;/ t�vss,�r�h1.2w�n�rJRt.��s�tz�a�^s�-s�; +4. What pay ticular act or *mission on the part of county or district officers, servants or employees caused the injury or damage? ► �, Nvj l�uc t� ce � e S At"Unar E . ,t. ►4�3 y i7c r, ,',�c�� �c tk� .t�' t '+A�ii� i? " �,v� + (over) lat are the names of County or district officers, servants or employees causing the damage or injury? 6. What daptSe or injuries do you claim resulted? (Give full extent of injuries or damages 'claimed. Attach two estimates for auto damage. r. {1 Atjr � 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 «µ 4i4r'CtC1 � 1iF�? ►' �4� i#1L�4 � 1�:t '` ?cy j 9. List the expenditures you shade on account of this accident or injury. TIME AIMIOUN Gov'. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his a? C (Attorney) a *" Name' and Address of Attorney ) ► '% } (Claimant's Signature) (Address) Telephone No. Telephone Na. "` " OTICL Section 72 of the genal Code provisoes:.' Every person who, with intent to defraud, presents for allowance or for payment to any state board or off icor, 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 sore than one year, by a tine; of not exceeding' one thousand 010000) . or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars (S1OrOO:O or by both such imprisonment and fine. CLAJM C.2 VI CSF N T C 1y CA, �AR� ACTIN Sit 1 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! l notice of the action taken on your claim by the Ry Burd of Supervisors. (Paragraph V below), given pursuant to Governrnenf CA Section 913 and AUG 1998 915.4. Please note all "Warnings" AMOUNT: unknown 0 0 UNTy COUNSF- MARTINEZ CALIF. CLAIMANT: virg'inia Guider, Carl Sund, Christopher Guider ATTORNEY: DATE RECEDED: ADDRESS: 2958 Poe Lane BY DELIVERY TO CLERK ON: July 30, 1998' Brentwood CA 94513 BY MAIL POSTMARKED:' I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELO Jerk Dated: Aug 3,'1998 By: Deputy K FROM.: County Counsel TO: Clerk of the Board of Supe isors { ' ) This claire 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 Beard cannot act for 15 days (Section 910.8). { ) Claire is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Ci. Deputy County Counsel M. FROM: Clerk of the Board TO: CountyCounsel (1) County;Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present; This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:r����; Fy. �� PHIL BATCHELOR, Clerk, By 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_ AFFJDAVIT'OF MAILING I declare under penalty of perjury that I a:n novo, and at all 'tithes 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 dressed to the claimant as shown above. ."' "� _; Dated; By: PHIL BATCHELOR B uty Clerk CC: County Counsel County Administrator VICTOR J.WESTMAN �+t"��1-g-'p p �+ �+ /� /�+ i 1#�-�-� DEPUTIES: GCaU(VTY COUNSEL CONTRA RA COSTTi�.eOUN I T PHILIP S.ALTHOFF �+ g� i1 + p��a JANICEL.AMENTA OFFICE OF THE COU'r COUNSEL SHARON L.ANDERSON ANDREA W.CASSIDY ARTHUR W.WAL.ENTA,JR. COUFiTYADMINISTRATtON BUILDfNfia MAR E L.DATS MARKE 5.ESTIES ASSISTANT COUNTY COUNSEL 651 P?INESTR E- b#hF.L.Ot�R MICHAELD.FARR MARTINEZ,CALIFORNIA 94553-1229 LILLIAN TFWII SIL.VANO B.MARCHESI DENNIS e.GRAVES GREGORY C:HARVEY ASSISTANT COUNTY COUNSEL JANET L.HOLMES KEVIN T.KERR GAYLE MUGGLI BERNARD L.KNAPP OFFICE MANAGER EDWARD V.LANE,JR. MARY ANN MASON PAUL R.MUNIZ PHONE(925)335-1$00 PHILIP J.NORGAARD VALERIE J. E FAX(925)646-1078 DAVID F.SCHMIDT DIANA J.SILVER BARBARA N SL>F LIFFE JACQUELINEY.WOODS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Virginia Guider, Carl Sund Christopher Guider 2958 Poe Lane Brentwood, CA 94513 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 complysubstantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] L 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 1 C.?r1;, 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 T. WESTMAN, County Counsel. By: Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013'a,2015.5;Evidence Code§§641,664) I declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. -I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: August 6, 1998,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management' (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910:8) Page 2 VIRGINIA GUIDER 2958 Poe Lane Brentwood,CA 94513 February 15, 1998 Risk Management,Liability Claims Section County of Contra Costa 651 Pint Street Martinez,CA 94556' (hand delivered) NOTICE OF INTENT TO FILE CLAIM FOR DAMAGES 1. This correspondence shall constitute our formal notice of intent to claim,and eventually sue if necessary,for damages to the property and structures at 2958 Poe Lane,Brentwood,CA 94513,which are situated on APN 020-190-056-0. This claim is for water damages. 2. This claim is made by Virginia Guider,Carl Sund,and Christopher Guider,hereinafter referred to as "Claimants." 3. This claim is made against the County of Contra Costa, its employees,contractors and agents; hereinafter collectively referred to as"County." 4. This claim is based on the willful,negligent and unlawful collection,diversion,conveyance and retention of water collected from East Contra Costa Irrigation District(ECCID)facilities and other sources including the Eden Plains Road culvert,which inundated,multiple properties in the"triangle' of parcels located northeast of the Santa Fe railroad tracks,south of Delta Rd.and west of Byron Highway. 5. This claim is made for damages resulting from the collection,diversion,inadequate distribution,and ultimate retention of water through County facilities which was collected and diverted from ECOID facilities and other intentional man-made conveyances and diversions. This is not a claim for storm runoff damages. 6. The specifies of this claim are substantiated by eyewitness accounts,still photographs,aerial photographs and videotape which clearly demonstrate the volume,rate of discharge and path of water flowing to the impacted properties via County owned and maintained conveyances. 7. The County failed to act in a responsible manner to prevent or mitigate this flooding which occurred repeatedly over several days. 8. The resulting diversion and retention of water caused flooding to our property,which resulted in damages being sustained to that property. 9. The items damaged include: garage and contents,vehicles,well,septic system,driveway,private roadways,trailers,lumber,foundation,and landscaping. 10. The actual costs of such damages cannot be determined until such time that the water recedes and inspections can be made. 11. Claimants additionally claim damages for loss of use of Claimants'property,declined property values, hardship,pain and suffering,and Claimants may seek punitive and exemplary damagesif such damages are appropriate. 12. Claimants demand that the County cease and desist diverting water onto'Claimants'property. 13. Claimants demand that the County seek immediate injunctive relief against those parties responsible for said damages if not the County. 14. Claimants expect the County to act in good faith,mitigate damages caused and offer fair compensation for hardship,pain and suffering and for the other damages which it has inflicted. ♦ wI 7Po29 Guiderl and istopher Guider e Lane 2958 Poe Lane 2958 Poe Lane Brentwood,CA 94513` Brentwood,CA 94513 Brentwood,CA 94513 CLAIM C-211 OAR-D OF SUPERVISM OF CONTRA COSTA C UNTY CALIFORNIA BOARD AC110 Sept 1, 1 go Claim Against the County, or District Governed by � the Board of Supervisors, Flouting 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. I notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below(, given pursuant to Government Code Section 913 :and Lt 915.4. Please note all "Warnings". AMOUNT: unknown .I U 1­ 3 t 1998 COUNTY COUNSEL CLAIMANT: Marcia Hoyt MARTINEZCALIF. ATTORNEY: DATE 'RECEIVED: ADDRESS: 2960 Poe Lane BY DELIVERY TO CLERK ON July 30, 1998 Knightsen CA 94513 BY MAIL POSTMARKED' I.. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Ark Dated July 31, 1998 By: Deputy zwoz,�- 67- 11. FROM: County CounselTO Clerk of the Board of Supervisors it } 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). Clairn 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: P By:_ Deputy County Counsel 1 M. FRflM: 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 GIRDER; 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 ent red in its minutes for this date. Dated t-) PHIL BATCHELOR; Clerk; By Z, `� y 'putt' 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 MAlIsING I declare under penalty of perjury that I am now, and at all ;tithes 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 dressed to the claimant as shown above. Dated:_ ! By: PHIL BATCHELOR B uty Clerk CC: County Counsel County Administrator Marcia Hoyt RECEIVED 2960 Poe Lane Knightsen, California 94513 JUL 3 () 1908 NOTICE OF CLAIM FOR DAMAGES cK I WO Orsup rrwsons Pursuant to Government Code§910, et seq. February 16, 1998 HANG: DELIVERED Risk Management, Liability Claims Section County of Contra Costa 651 Pine Street Martinez, CA. 94556 1 This claim is based on the damages caused to personae and real property located at 2960 Poe Lane,Knightsen, CA. commencing on or about February 2, 1998 and continuing to date,caused by the willful,negligent and unlawful pumping and or diversion of water from the Eden Plains culvert on the aforementioned property. This claim will be amended when said diversion of water has ceased and the flood waters have receded, at which time the full assessment of damages will be possible. 2. This claim shall constitute formal notice of a claim against a governmentalagency pursuant to Government Code§ 910, et seq. 3. This claim is made against the County of Contra Costa, its employees, contractors and agents, hereinafter referred to as"County". This claim is made by Marcia Hoyt, hereinafter referred to as "claimant'. 5 This claim is based on the wilful, negligent and unlawful collection, diversion and conveyance of water collected from among, but not limited to the East Contra Costa Irrigation District (ECOID) facilities and other sources to the Eden Plains culvert and other drainage and irrigation water conveyances. Said collection and conveyance was done in such a manner so as to inundate my property described above which is located in the"triangle"of properties located northeast of the Santa Fe railroad track, south of Delta Road and west'of Byron Highway. 6. This claim is for damages from flooding resulting from the collection and conveyance as described above and by means yet to be determined, the retention and subsequent diversion of water into inadequate County waterconveyanee systems which was collected and diverted from ECOID Facilities and other county owned and maintained`facilities in an intentional,wilful and/or negligent manner. Marcia Hoyt Claim for Damages February 16, 1998 Pg 2 7. The specifics of this claire are substantiated by declarations, photographs, including aerial photographs and videotape, which clearly shows and demonstrates the volume,rate of discharge and path of water flawing to the impacted area via County owned and maintained conveyances was not the result of mere storm runoff. 8. The County failed to actin a responsible manner to prevent this flooding despite the well publicized impact of El Nino. The County failed to develop a plan for increased rain and runoff,;and failed to maintain its drainage system in an adequate mariner to accommodate the increased drainage.Further, once the flooding had occurred,and despite the fact that after notice was given to the County of the flooding,it did nothing,to prevent further flooding or mitigate the flooding. It has also failed to take any action despite the fact the flooding is continuing to occur and had occurred repeatedly over a two week period of time. 9. The resulting flooding to my property has caused serious and continuing damage to both real and personalproperty located at 2960 Poe Lane, Knightsen. 10. The actual amount and extent of damage cannot be determined until such time as the flood waters recede and inspections can be made however the damage known'to date includes but is not limited to. Fouling of the only source of water for the property Loss of the property's sole septic system Damage to outbuildings and fencing Damage to the access and egress from the property Damage to claimant's car Loss of landscaping and irrigation system Damage to livestock Damage to personal property in claimant's garage 11. Claimant'additionally claim damages for loss of use of real property declined value of real property values, hardship, pain and suffering and other damages as may be appropriate, 12. Claimant demands that the County cease and desist from diverting or allowing the diversion of water on to claimant's property and to take all legal actions necessary, including injunctive relief against those individuals diverting water into the County drainage and wafer conveyance system. 1'3. This claim will be amended at such time as the full extent of damages are known. C .aq Marcia Hoyt' Claim for Damages February 16, 1998 Pg 3 Dated: February 16, 1998 Marcia Hoyt CLAIM . BOARD F P'ERYLS-M QE CONMA COSTA COUNTY CALIFf32NIA' Sept 1 1998 Cern Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references ate to ) The copy of this document mailed to you is your California Govetnment Codes. notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and IJ 6 915.4. Please note all "Warnings". AMOUNT: unknown COUNTY COUNSEL MART1Nr:Z AUF. CLAIMANT: Gertrude Huenninghaus ATTORNEY: DATE RECEIVED: ADDRESS: 2660 Minert Road BY DELIVERY TO CLERK ON: Aug 4, 1998 Concord CA 94518 BY MAIL POSTMARKED:' I. FROM: Clerk of the Board of:Supervisors TO; County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELO ' Clerk Dated. Aug 5, 1998 By: Deputy U FR n- County CounselTO. Clerk of the Board of Sup ,visors }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 claire (Section 911.3): { ) Other: s i F Dated: , By: !, ' 44 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;eqe-ted in its minutes for this date. Dated ��`. . PHIL BATCHELOR, Clerk:, B Z� � �� .�-; Deputy Clerk WARNING (Gov. code"section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim.` See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I>>am now, and at all times herein:mentioned, Have been a citizen of the United:. States, over age 18; and that today I deposited'in the,United States Post'I Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, dressed'to t e claimant as shown above. Dated;; .°.; .x By: PHIL BATCHELOR. B _.r.' -..Deputy Clerk CC: County Counsel County Administrator .........-------- X42 2- - 274 2 .......... -7r ;4,gl��t VICTOR J.WESTMAN DEPUTIES OUY CC�t#h1SEt CONTRA COSTA COUNTY PHILIP S.#Im'40F;: OFFICE OF THE COUNW COUNSEL k L ASOk C EA r CASD ARTHUR W.WALENTA,JR. C3thtY A3ll�S�3A?#pN$1L39G VICKIE L.DAVItIES ASSISTANT COUNTY COUNSEL 65t PINE STREET, 9th FLOOR Iau RKE s.ESTE MARTINEZ,CALIFORNIA 9 53-1229 MICHAEL D F1SRR LILLGW F.FLUS SILVANO B.MARCHES] DENNIS C,GRAVES ASSISTANT COUNTY COUNSEL Ci Wt L.,Y CWHMESfEY ,1AAIET L.HOI.�ES KEVINT.IMR GAYLE ML�GGI k SEIWNA O L.KHAPP OFFICE MANAGERElx tARBY.LAW,JR MIRY ANN DAWN PAUL R.MLOZ PHONE(925)335-IBM PHILIPJ.NOA(iA�{RQ FAX(925)646=1078 D1eVAUftfil K � t31i11+H1.1.DTLYER N3 FIA N.SMIFFE JAMUELINE Y.WOOM A,D .L�C NON- EPI CE OE CLAIM O: +G6rtrud Huenninghaus 2660 Minert Road Concord,CA 94518 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 cdmply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ D. The claim failsto 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 fair'to state the elate,place or other'circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The clam fails to state the n ,e(s)ttft the public ernployee(s)causing the mire damage,or lass,ifkwwn.' [ 5. The claltn fails to state whether the amount claimed exceeds ten thousand dolma($14,000). If the claire totals less than.ten°thc6us�dollars 1S1 0,0t10),tle claim fails to is e the amount claimi4 as of the date of pres to ion,the estimated totlttat . arty prospe. injury, damage nr loss so far as 1 �;pr t basis of commutation the atnv>tnt Iwlcd. if the amount claimed exceeds ten tht san4 do urs{$10, , claim fails to she whether jurisdiction over the claim w6Wd.rest in mia. ipal or superior court. Page 1 My a `"' 16. 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 ging rise to the claim. VICTOR J. WESTMAN,County dimseI By. i4u County Counsel E SERYME By NAL (C C.P. '1412,I013a,21115.5,Evidence Code§§64d,664) I declare that my business address is the County Counsel's twice of Centra Costa County,651 Pine Street,Martinez.California 94533;I am a c tizro of the united States,over 18 years of age,employed in Centra Costa County,and slat a party to this action. I moved At true copy ofthis Notice of insufficiency and/or Non-acceptance of Claim by placing it in an env*Tope addressed as shown above,seated and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at martinez,California.. I certify,under penalty ofpMury that the foregoing is true and correct. Fatted: July 23, 1998,at Martinez,California. cc: Clerk of Board of Supervisors(original) Risk Management (NOTICE OF tNSLIMCWNCY OF CLAIM.GOVT.COt7E'¢§910,9113.2,920.4;910.8) a F i r i i is _ _ _ Page 2 C.711 IN, fly nii CP R Leo CLAIM , 1 BoA-R UPERVISORS OF CONTRA COSTA.COUNTY CAUFOIRNIA ACRON Sept t 1998 Claim Against the County, or Bistrict Governed by the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California" GovernmentCodes: I notice of the action taken on;your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and �— 915.4. Please note all "Warnings". AMOUNT: unknown AUG 5 1998 CLAIMANT: Abdul James - 'TZMYNEZ AL SL ATTORNEY: DATE RECEIVED: ADDRESS: Catherine F. Campbell BY DELIVERY TO CLERK ON: ' July 30, 1998 728 E. Mildreda Fresno CA 93701 BY MAIL POSTMARKED: I. FROM; Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, C1 f ,,I:K Dated: July 30, 1998 By Deputy � �'�- U. FROM! County Counsel' TO: Clerk of the Board of Supervis" rs { ) This claim complies substantially with Sections 910 and 910.2. ( `�) This clai3n 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: JO Dated: `�1 ^By: t Deputy County Counsel M. FROM: Clerk of the Board TO: County Counsel (i) County:Adrninistrat-r (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 OrdeZened in its minutes for this date. Dated:w '.; i '` PHIL BATCHELOR, Clerk', By ty Clerk WARNING (Gov. code 'section 913); Subject to certain exceptions, you have only six (6) i onths.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. AFFJDAVff OF MAU-ING I declare under penalty of perjury'that I am now, and at all times herein'mentioned, have been a citizen of the United' States, over 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 the claimant as shown above. Dated:(- By: PHIL BATCHELOR B _ qty Clerk :, CC: County Counsel County Administrator claim to: BOW OF SUPERVISORS OF CONTRA COSTA COUNTY' INSTRUCTIONSTO C .AD%NT A Claims relating to causes ofaction for death or for injury to person or to per- sonal property or growl n crnpa and which accrue on car 'before December ,31, 1987, ustba'pted 'tet let. n et} � mak aft the accrual. cif the cause of action.' relating causes of actiod for-death or for inJp* to pe on or, to per. l prcaperty "off Drops �+ch acc. .on...,or a `ter. .,� ► 3., 198$ must presentee t later than six mmths after the accrue af,the cause Of aotla�n. r 1atin o an other► of act must be r+ ser ed not 8t t' oche yep' of k 1@ asCLI tI t f the cause of aotiC� . ;.(Cc1tt�'" B. claims must be filed Vith the diet of the mrd 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 try the Board of Supervisors, rather than the Coe tv, the mme of the District should be filled in. D. If the claim is against more than one public entry, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent: claims, Penal Cade Sec. 72 at the end of this farm. RE: Claim By Reserved for Clerk's filing stamp } PIEGEVVELI Against the County of Contra Costa } or JU[ 3 X98 District) CLE RK�QARQ of 5���Y1SORS Fill in r c€2 W The undersigned elaimah hereby makes maim against the County of Contra Costa or the above-named District in the 'sum of ? 7 and in support of this claim represents..." follows: : . 1. When did the damage or injury occur? (Give exact date and hour)' 'V - 2. Wiere di the damage or injury occur? (Include city and county) C. 3. Haw did the 'damage or injury occur? (Give full details; use extra paper if required) ghat p�icular , t or + is ion the paw of c my or district.ri ct officers, servants or1M. 1loyees Wised-the':injury or.damage? (over) what are the names of county- or district officers, Servants:,or employees causing the damage or injury?' NIP t damage or injuries do you clam resulted? (Give full extent of injuries or darmages claimed. Attach two estimates for auto Vie. + f ffi I T- How was the mat dialiuk above reputed? z�l�tde the est i smc�unt of qty Aamage 3. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures yC3 Ede,on account of this accident or in,�ur�►• DATA ITEM At�K3UIT 7.-r3 9 zap a a at Gov. Cade Sec. '910;2 provides: ItThe claim must be signed by the claimant SM Nt7TI� TC1; (Attone or same erson on his.behalf Name incl Address of Attorney Ir Signature . 728 we CA '" Telephone No. a�' "aleph©ne to ' '. ' ' NOTICE' Section 72 of the Penal Code provides: "Every 'persan who,, with intent to defraud, presents far allowance or for payment to any state board � officer, or to any county, city a district beard or officer, authorized to allow or pay the same if;genuine, any false or fraudulent claim, ,bill, accc2u€nt, voucher, or writing, is,.punishable either by impr�stent in the cwjh.ty jail fora period of not more titan +fie year, by a fi"i.ne oaf not e�ec�ing one thousand ($1,000)v', orb both such: impris�t and fine;.-or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars 410,000 or by A. both such imprisonment and fine. .;a °P . Zq State here as briefly as passible the facts of your case. Be. sure to delacribe how each defendant is involved and to include dates, when possible. Ido not give any legal arguments or cite any cases or statutes. if have more than che. claim,; eachclaw shau2d be set fortY .n a septirate numbex:ed aragzph { Q"tveyl� M4 S=44 MeA .FS.' J• a„f P '8x .''^s` s-`:;" a 02'.Vii"` t t .t -0g, �ds Id' .<M' .'+ 4' ?MC # # 0 n .S�sf %. .-y`,-i °t: •,^ r d, w�s�,..} :z"° "mC'r ...a�0 'f ^< -.s:'iv1 P L.s. "L t C,e;` in r.a, .:�n €+N € ';•,'. § S "$�'3s+'e' °�., `P c°" e" {t•tff ``w' e+C3Es 1 v:.-. C n! `?F�., �Er g g Q #eF`': �B �e+> rr: '� .x� is. x �j %'4 3^•: '4 j� a s'. 1 k �s �,.��++' .� _ •,:7' ° ',`� ��± � "�'e d°'�:? "4€{a..-:r+-Y9 f Y�--,.w"a..�° i"s:.'�t 5 d "�+�+ ex - r t JMIICZ�-..tom t s L 4 v e ol ............ 3 '� z A *VIP Of .... r E . { � 'a BOARID OF SUPERVISM OF CONMA CO$TA COUNTY CA I sTFf)RNTA C. BUM ACEIG Sept 1 9 Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, l NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ? notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and AUG 6 _' 1998 915.4. 'Please note all "Warnings". EL AMOUNT: to be determined MAR YNEZ CAL CLAIMANT: Cedric Johnson on behalf of Kendrick Remon Johnson, minor ATTORNEY: Jacoby & Meyers DATE RECEIVED: 100 California Street Ste'700 ADDRESS: San Francisco CA 94111 BY DELIVERY TO CLERK ON: BY MAIL POSTMARKED: Aug 4, 1998 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Cl Dated: Aug5, 1998 By: Deputy H FRONL County Counsel TO: Clerk of the Board of Supery ors ( ) 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 isnot 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: �� � ' v' JA&I ; 4 Dated: �f By: Deputy County Counsel M. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDERS 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 ent ed in its m' utes for this date. Dated:,,---� s.- /�, PHIL BATCHELOR, Clerk, B Cr' -;" puty 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 MAEUNG 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 frilly prepaid' a certified copy of this Board Order and Notice to Claimant,100ressed to the claimant as shown above. DatedBy: PHIL BATCHELORB --Day Clerk CC: County Counsel County Administrator JACOBY Ci MEYERS LAW OFFICES RECEIVED August 4, 1998 UG 0 5 1998 CLERK, of the Board of Supervisors Room 1.06 CLERK O TF OF SUPERVISORS County Administration Building, 651 Pine Street Martinez, CA. 94553 Re: Kendrick Remon Johnson, a minor Cedric Johnson - Pro Per Claimant Our File #028032 Dear Sir or Madam: Enclosed please find our Public Entity Claim on behalf of our claimant, Cedric Johnson, Pro Per for Kendrick R. Johnson, a minor. We have enclosed our original document and two copies for you to stamp, and return to us the endorsed file copies of the same We have provided a self-addressed envelope for your convenience. Thank you for your courtesy and cooperation in this matter. Very truly 'yours, JACOBY & MEYERS Catherine A. Stevens Legal Assistant teas Enclosure's endorsed file copies to be 100 California Street•Suite 740•San Francisco, California 94111 Telephone:415/399-8951 • Facsimile:415/399-1839 C.Z't 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 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 cause's of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual' of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. 'Code '911.2) B. claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C If the 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. S. 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 KENDRICK REMON JOHNSON, a minor ) Against County-% of Contra Costa or 3 } C`.C.U' S.D. District (fill in name') ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above►-named District in the sum of $25, 000.00` and in support of this claim represents as follows: ---------------------------------------------------------------- 1. When did the damageor injury occur? (Give exact date and hour) February 11, 1998; 11.30 a.m. 2. Where diel the damage or injury occur? (include city and:: county Antioch Senior High School, 700 W. 18th Street, Antioch, Ca. 94509 Antioch; Contra Costa county. 3. How did the damage or injury occur? (Give full details; use extra paper if required) At 11 : 30 a.m. on 2/11./98, client was beaten up at Antioch Senior High School continually, since transferring to school after moving to live with his father. The incident occurred at the corridor end of 700hall. On the way to class, a group of people, one came from the group, and started to hit him. He has no idea why and states: he did nothing to provoke it. He believes it was on-going ha€rrassment. 4. what particular act or omission on the part of county or district officers, servants or employees caused the injury or damage' Improper supervision of students and inadequate campus security. Kendrick has been "physically" 'abused and attacked on the school grounds at least four times. Mr. Johnson, his father spoke with the school administration, but received no co-operation from the same. S. What are .the names of county or district officers, ;servants or employees causing the damage or injury? Contra Costa County, Antioch Senior High School, Antioch- Ms. Francine Parker, Slice Principal for sophomores other district ` officers, servants or employees are unknown at present. Investigation is continuing. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for 'auto damage. ) Contusions, bruises under the right eye ' a small lump also on the right side of the face. Pain and redness of the right side.' 7 « How was the amount claimed above computed? (Include , the estimated amount of any prospective injury or damage. ) Kendrick Johnson, : a minor has some kidney damage prior to this assault, but as a result of the same, his kidney' problem has worsened. He has a bad bump on his temple, scratches and bruises up his back. Pain and suffering, duress and mental stress are a result of this assault incident. 8. Names and addresses of witnesses, doctors and hospitals. 1') Witness. Trent. Leroy Anderson - 4551 Wildcat Circle, Antioch, CA. 2) Witness: Andrew A. Ageev - 2912 Pear Street, Antioch, CA. 3) Witness: Seth Colton Manuel - 108 B. Laxe Drive, Antioch, CA.' 4') Dr'. Francine Tolton - 550 School Street, Pittsburg, CA. 94565 5) Sutter> Delta Medical Center' - 3901 Lone Tree Way, ` Antioch, CA. 9`4509 9 . List the expenditures you made on account of this accident or injury; DATE ITEM AMOUNT 2/111'98Emergency Services $2133.20 Ice Col Press, Bagsetc. Further expenditures are being investigated and. .are continuing. SEND NOTICES TO: (Attorney) ) Gov. Code Sec. 910.2 provides: Name and Address of Attorney } "The claim: must he signed by the Mr. Cedric Johnson +624 W. 14th Street, Apt. B' Antioch, CA. 94509 -PRC PER For Claimant PRO PER: . } claimant or by some person on JACOBY & MEYERS ) his eha�f 100 California.` St. , #700 ) San Francisco, CA 94111 ) 9 J laimant's Sin ure (415) 393-8951 CEDRIC JOHNSON, for: KENDRICK REMON JOHNSON, a minor 624 W. 14th Street, Apt#B Antioch,, CA, 94509 (925) 756-2074` N O T x 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 notexceeding one thousand ($1,000) , or by bath 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." C. PROOF OF SERVICE'' 2 3 I, Catherine A. Stevens, am over the age of eighteen years and not a party to the within action'. My business address is 100 California' Strut, 4 Suite 700, San Francisco, CA, 94111. 5 an August ,4, 1998, I served the following documents: Public Entity Claim 7 8 on the interested parties to said action by the following means: 9 [X) (BY AB89I,AR iL) By placing an original or true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, for collection and mailing on that date following ordinary 10 business practices, in the United States Mail at the offices of JACOBY & MEYERS, San francisco,:,CA, addressed as shown below. 1 am readily familiar with this business's practice for collection and 11 processing of correspondence for mailing with the U.S. Postai Service, and in the ordinary course of business,;'correspondence would be deposited with the U.S. Postal Service the same day it was placed 12 for collection and processing. 13 3 ( C 'M pp—" SRY) By causing an original or true copy thereof, enclosed in seated envelope, to be delivered by hand to the address(es) shown below. 14 (BYTOW HBLIYERY) By placing an original or true copy thereof, enclosed in a sealed 15 envelope, with delivery charges to be billed to JAC©BY & MEYERS, tobe delivered by federal Express, to the address(es) shown below. 16 (BY PMIBILS T AXMISSION By transmitting a true copy thereof by facsimile transmission 17 from facsimile number (415) 399-1939` to the interested parties to said action at the facsimile nunber(s)'shown below. ' is I declare under penalty of perjury under the laws of the State of 19 California that the foregoing is true and correct. 20 Executed on August 4, 1998, in 'San 'Francisco, California. Catherine A. Stevens 2223 ...i..: a......., 1........:. .....a.. ..»eel .......» >.....:.. .......:. .......:... .......... ..... .nen.. CLERK of the Board'; of Supervisors 24 Room 106 County Administration Building, 25 651 Pine Street Martinez, CA 94553 26 2? 28 v� W cn ,n ON W10 ar t O tu N CIA] BOARD OF SUPERMORS 01F CONTRA COSTA COUM,BEIRID ACTION:�Se t 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 "a" , ursuant to Government Cede Section 913 and AMOUNT: $3,0{}0,00(} 915.4. Please note all "Warnings". � lr � 198 Ct1fi1'T COUNSEL CLAIMANT: Dennis Lee Johnson MARTINEZCALIF• ATTORNEY: DATE RECEIVED: ADDRESS: 1636 Allegro Avenue BY DELIVERY TO CLERK ON: July 28, 1998 Concord CA 91520 > BY MAIL POSTMARKED: 1. FROM: Clerk of the :Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR., r1irk Dated: July 29, 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: Deputy County Counsel Ell. FROM- Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3),' 1V. BOARD ORDER. By unanimous vote of the Supervisors present: YV This Claim is rejected in full. { Other 1 certify that this is a true and correct copy of the Board's Orderent d in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By ' ' .)eputy Clerk WARNING (Gov. code s ction 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See'Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional 'Warning See Reverse Side of This Notice. AIaMAVIT OF MARANG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of theUnitedStates, 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 ClaimanZaessed to the claimant as shown above. Z" Dated By: PHIL BATC14ELOR B y Clerk CC: County Counsel County Administrator Clain to BOARD OF SUPERVISORS OF CflU COSTA CtXJM IN UCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for 'injury to ;person or to per- sr-nal 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 actin for.death or for injury,'to person or to personal property or growing Crops and which accrue on or after January 1, 1988,, must be presented not later than six months after the accrual of the cause of action. Clams relating to any other cause of action must be presented not later than one year after the accrual of the cause of actio. (Govt. Cade 591.1.2.) B. Claims must be filed with the Mark of the Herd of Supervisors at its office in Froom 106, County Administration Building, 651 Pine street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Cade Sec. 72 at the end of this. _'farm, RE: Claim By ) Reserved for Clerk's filing stamp Dennis Lee Johnson � {�++ RD EIVED AgaIFF the {:aunty of Contra Costa ) or A 199 District) iC a AO OF SUPERVtsaRe Fi in name } cINTRA COSTA co. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of .3 p ,'QQU1pjesent and in support of this claim represents-as follows. Value 1. When did the damage or injury occur?' (Give exact date and hour See attac.hed,. 2. Where did the damage or injury occur? (Include city and county) Merrithew Memorial Hospital & Health Centers • 3. How did the damage or injury occur? (Give full details; use extra paper ;if required) See attached. 4. What particular acct or omission on the part of county or district officers, servants or.employees caused.the injury or.damage? See Attached, (over) Wna;t are the names of county or district officers, servants or employees causing the damage or injury? Dr. Kenneth Saffier, ter. Pauline Velez and The Contra Costa Regional Medical Ce ter 6. What damage or injuries do you claim resulted? (Give full extent of injuries or dames claimed. Attadh'two estimates for auto damage. Above the knee amputation of left�le antl amputation of right foot..�. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury, or damage.) Seed attached. 8. Names and addresses of witnesses, doctors and hospitals. Amy Solari; 118 W. 8th St, ; Antiock, CA 945019 Stephen Johnson; 7501 'Navarone; Concord, CA 9AYXX 94518 Andrea Johnson; 1636 Allegro Ave.. , CA 9452=1 9.' List the expenditures you made on account of this accident or injury; TATE ITEM AMOUNT Gori. Code Sec. '910:2 provides. . . 'The claim must be signed by the claimant SENA i+fi I T£ta ,.,(Att me l] or. by some erson on hks.beha Name and Address of Attorney Cl i t t gI33ture Address Concord, CA 94521 Telephone No. I Telephone,No. 925-825-8949 �a * 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 ifgenuine, any false or fraudulent claim, bill,, account, voucher, or writing, is punishable either by imprisoriment. in the county ,fail-for a period of not. more thin one yeah`: by a fine of not exceeding one thousand ($1,000), or by bath such'impri3onment and fine;-'or by imprisonment in the state prison, by a; fine'of not exceeding ten thousand dollars ($10,000, or by. bath such imprisonment and fine ` Addendum to Clam Fora Dennis Lee Johnson Page 1of '.4 1. Around February 15 1 was aware that medical neglect and malpractice had caused my permanent disfigurement. The three months prior to this realization'I was confused and delusional, unaware of the events that were occurring; 3. Following is an outline of the events that led up to the amputation of my left Meg(hip level)'and half of the right foot. The two factors that l feel contributed to the amputations are: 1)the delay/time it took for diagnosis and treatment,2)Infections acquired at the hospital that prolonged healing time. From mid November until the beginning of February I was confused and delusional. The dates and events listed below are compiled from my medical records and a journal that my daughter(a registered nurse)had kept during my hospital stays Around 6196' 1 first went under the Contra Costa Health Plant to see a doctor concerning my increase in leg pain and decrease in endurance to walk.. At this time I saw Dr. Saffier and explained the symptoms that I was having(shooting pains in my left leg,could not walk nor stand for prolonged periods of time with out getting pains in my leg and groin area). i have a past history of vascular problems. in July of 19871 had an aorloilec endarterectomy at UCSF. I tried' to explain to Dr. Saffaer that I felt as if the same symptoms were occurring that had happened prior to my 1987 surgery. Around 111961 was sent to have a 3-0 x-ray and stress test dome to my heart. The findings were unremarkable and 1 was told that the results were to be expected with mycondition. I continued to have pain and a hemia was found. Hernia repair was done around 1219&. After surgery the symptoms were still not resolving and the left leg began to break down with ulceration's. Dr. Saffier sent me to the specialty clinic to see another doctor, Dr.Bowers(4/97). At this time Dr. Bowers felt that the problems were either neurological or vascular and sent me to see Dr.Velez around 6197'(the county's vascular doctor). When Dr.Velez saw rile she examined rite, reviewed my medical records from UCSF and told me to return in six months for another visit. ! went back to the Dr. Bowers at the specialty clinic who ordered an MRI to see if anything neurological was going on. The results of the MRI were unremarkable. Dr. Bowers felt that someone needed to be treating tate ulceration's on my left leg and sent me to have dally whirlpool pool and wet to dry dressings clone. It was not until 10197 that 1 was able to get another appointment with Dr. Velez. It took one year and four months before the appropriate diagnostic test was performed to examine the vascular flow that I was having. On 10/30/97 dr. Velez sent me to Mt. Diablo edicat Center to have an anglograrm done. The findings were an 80%stenosis of the abdominal aorta, complete occlusion of the left common iliac and external iliac arteries and a 60- 70%stenosis of the right external iliac artery. 'My family and I were told that the doctor from Mt. Diablo felt surgery(bypass)would have to be done that day to correct the problem. I was kept NPO(nothing by mouth)and W Diablo was awaiting authorization'from tar. Velez, so that they could perform my surgery. Finally, around 9 p.m.that night l was released and told that I had an appointment the next clay with Dr. Velez. I was under the impression that surgery would be scheduled and this problem would be corrected; Can 10131 1 called the county appointment line to see what time my appointment with Dr.Velez was;. Nobody knew anything about the appointment and they were not able to reach Dr. Velez. I was told that I should keep my original appointment on 1114. 1114,five days after the angiogram, I saw Dr.Velez..: Dr. Velez had discussed the results of the anglogram with her cotleagues and had decided to send me to UCSF to have a stent placed to opera up to aortic artery. Dr. Velez would then'do a iliac-femoral bypass from the right to left leg to restore blood flow to the left leg. I was told that the procedure was scheduled for 11!14, fifteen days after Mt. Diablo wanted to operate. 111141 was taken to UCSF by my daughter,Amy Solari, RN. Prior to the placement of the stent another angiogram would need to be dune so that the radiologist could make sure nothing had Dennis Lee Johnson Page .2 of 4 changed and:to see whereexactlyto Mace the stent. My daughter was called to come drawn and discus the results of the angiogram with the doctor. She was told that the results of the angiogram were not good. The aortic artery was now 100%occluded,which meant that the procedure could not be dome. At this time I was in extremely bad pain and was in no condition to be discharged home. I was kept overnight and transferred to,'Men ithew Medical Center via a nonemergency ambulance the next day,- 11i15'The family was told that Dr. Velez would meet me at the hospital and a bypass would be performed. When iarrived Dr. Velez was not there. It took over one hour for me to see a doctor -and l did not receive any pain medication and;my pain became almost unbearable. When the doctor(resi dent)came to examine me,he told my family that tar. Velez was having babysitter' problems. After examination the doctor'informed my family that I could wait until the morning to see dr. Velez.. filly family ;informed the(resident)doctor that they would like a second opinion from a vascular doctor. Although the resident felt that the matter could wait, he called Dr.Velez to check with her. dr. Velez ended up coming to to examine me. An emergency bypass was performed around 8 p.m. Saturday everting. The surgery went well and thea were no apparent complications_ A bypass was performed by placing an artificial artery from the subclavian artery down to the rt. Iliac and then across to the left femoral'. This bypass occurred Sixteen days after Mt. Diablo felt that it was necessary. Dr. Velez told my family that she was very pleased with the surgery and felt that there was good blood'flow to both legs. Dr.Velez felt that the left leg would be saved, and at no time was the right leg in jeopardy. 1.11#91 was discharged from the hospital. 111211 I was started back on everyday whirlpool therapy. The Physical therapist told me that they were very impressed with my left leg and they"would have me walking" by Christmas. My family tells me that I was becoming confused and the pain level was Increasing. 19124 1 had a recheck appointment with Dr. Velez and was informed something might be wrong with my bypass. I was sent to have an ultrasound done. Car. Velez,informed me that the graft was clotted and I was in danger of loosing my left leg. I was sent home and scheduled for an appointment the next day, 11125, at Mt. Diablo to have Urokinase infused in the graft. Dr. Velez hoped that this would break down any clots that had formed. tater the family was informed by Dr.Velez that Urokinase is a drug than "slowly"breaks down colts. Upon insertion of a catheter to deliver the Urokinase to the graft, I was placed in the ICU, and my pain level was increasing. The next day a procedure was done to see if any of the curt had broken down, and it was found that 60% had. The groin'incision sites from the previous bypass began bleeding and i began having increasing agitation. It was; decided that the Urokinase had to be stopped. Dr.Parson(tire doctor caring for me at Mt. Diablo)wanted to operate-fix the bypass and amputate the left leg. Dr. Parson told the family that if the ag:Ration did not reside he would not feel comfortable doing the procedure:. Due to the increased agitation and confusion, Dr. Parson ordered a CAT scan which was unremarkable. Gar. Parson felt that the confusion could be caused'from"the dead leg letting toxins off Into the blood". Dr. Parson also felt that t might be having art allergy to Demerol and took me off of it. 1112-1 Dr.Parson tries to find an orthopedic surgeon to take on the case,but was'not able to find anyone willing to do It. The family is told that Dr.Parsons could still do the bypass and they needed to wait for the amputation until I was transferred back to the county. 11128,four days after the bypass was found to be occluded, Dr. Parson open the graft up and cleans out the clots,but the bypass is still not working.. He than discovers that the Pectoral muscle is occluding (pinching off the graft). tar. Parsons made a tunnel trough the muscle so that the graft could flow freely. I was then started on Heparin to help keep the graft from clotting off. I remained in the ICU at Mt. Diablo untit 1211 when he was transferred via a critical care ambulance back to Merrithew. The family was told that Dr. Velez would meet there within one hour of the transfer... When the family arrived they were told:that Dr.Velez was In a meeting and she was sorry but she could not be there. I was then examined by Lir.Sheppard(a resident)in the ICU. My daughter informed the doctor that she wanted her father to be examined by a vascular doctor, and the family would not allow the amputation to occur until there was a vascular doctor available. The family expressed'their concerns regarding turning off the haparin in order to operate and the risks of the graft clotting off. The surgery was thea postponed until the;next day Dennis Lee Johnson Page 3 of when Dr. Velez could be there. 1212 the amputation of my left leg was performed l spent the night in the ICU. Dr. Velez carne in the next day to assess me. She was happy with the progress and sent me to the family care unit(a medical-surgical unit). it is also important to note that I had developed a stage Ill pressure ulcer on my sacral area at Mt. Diable,which had increased since the transfer. followings are dates of events that occurred doming my six month stay at the county hospftat. 12121 1 was found to be MRSA+and moved to an isolation room. The main reason I was even tested was due to the fact that my wounds were not healing and I was becoming increasingly confused, it was not even considered that the bypass might be having problems: 12123 1 informed staff that I could not see. The-family'was not informed. When my wife tailed to see haw I was doing she was informed that I had a fever of 101.8 the night before'. The nurse dict not mention to my wife that I'could not see. At 7 p.m. an eye doctor came in to examine me and can not see any problem. Dr.Velez informs the family that the blindness could be due to a stroke,sepsis or depression. At 10 p.m.a CT scan was performed,:nothing was noted on the scan.- The family was told that sometimes it takes a few days for anything to show up on,the scan.:. 12121i'some of my sight returns, but I remains confused. Another CT scan was performed which was still negative. The doctors still assured my family that I had a stroke. family was also told that it would not be good to transfer me for a MRI(the county did not have a MRI machine at that time)- Within the next few days I regained all of my sight. 117 1 have increased confusion. Previously a central line was placed due to numerous peripheral IV infiltration's. The resident doctor Pr. Macool)changed the guide wire to the central line on 117 feeling that the line might contain an infection which could be causing the fevers and increased confusion. That night when my wife arrived she noticed that the dressing over the central lure was wet. She asked my nurse to look at it'. When the nurse(Terry)took the dressing off to look at the site she found that the central line was out and the site was bleeding profusely. She then began applying pressure to the site. Dr. Macool decides not to put another central line in that night; My daughter was concerned about this since I was on numerous antibiotics and TPN and wanted to discuss this matter with Dr.Velez. Dr. Velez was then called by my wife. dilly daughter discussed her concerns with Dr. Velez and vice versa. Dr.Velez agreed that I'did need another central line but it would be best to wait-,until the morning. [fir.Velez explained that due to the bypass tare central lime could of be placed on the right side and the left side needed to have a break before another line could be placed. When retry daughter arrived to the hospital on 118 she noticed that the cental line had been placed on the right side(where Dr.Velez made it very clear not to place it). She had the nurses page the doctor that put in the central litre. The doctor that put It in said that she'had no Idea that I had had a bypass and she also could not believe that I did not stop her,from putting it in the"wrung"side. My daughter there asked the doctor if she had read my chart, and if she noticed that I was confused and the doctors had diagnosed me as having a stroke? My daughter also stated that she did not feel that it was the patients responsibility to tell the doctor where to'put a central line. Due to the risks in removing and placing a new central line,It was decided to leave the central line In for three days and then place another one. 1111 A perc'line was placed at the left anticurbital area. 1113 I had increased confusion. The pert IV site had localized redness around ft. Liz(one of the day shift nurses)informed the family that'Dr. Macool had looked at the site and wanted ice to be applied to the site. flue to my Increased confusion a stat CSC and ammonia level were drawn. In the evening my family was told that the ammonia level was high, but not high enough to cause such confusion. The IV site looked much worse,there was now puss coming out of it. My daughter informed the p.m. nurse (Helen)that she did not feet comfortable with them running that line(especially since they planned on pulling it out In the am). When a doctor came Into reassess the site he agreed that the TPM should not be run through that site (since if 4 was an infection they would just be feeding it), but he wanted the nurses to continue running antibiotics into it. The doctor ordered a fever' work up(chest x-ray,blood culture and urine analysis). The doctor also told my family that the Dennis dee Johnson Page 4 of 4 increased confusion could be due to the yeast infection that I'had in my blood. My family had not been informed that I had a yeast infection, and the news shocked them. Evidently,the yeast infection was found when Dr. Macool removed the original guide wire to the central line on 1/7. 1118 ampho was started, at least one week after diagnosis, to treat the yeast infection. Once the coarse of ampho treatment was done(about one week)my confusion began to clear, but the majority of the last threw months was a blur. Throughout the next month many"nursing care Issues come up: I was not being turned,blood flow not being checked,fevers not reported to doctors, rectal tube lacerating me and causing bleeding in stools...f; but I was improving mentally, The wounds were stili not healing. 2/19 Surgery was performed on the stage IV pressure ulcer on my back(by Dr. Moulton-Barrett,_. the county's plastic'surgeo ). Dr.Velez also amputated half of my right foot due to the gangrene that had formed on the toes,and some debridement was done to the left leg stump. In late February it was noted that'part of the back was not heating. Dr. Moulton-Barrett cut away the area that was not healing. 3125 since the right foot incision was not healing well an anglogrram was done to determine if the bypass was stilt working. It was found that the graft was almost completely clotted off. tar Velez ended up cleaning out the bypass. One might wonder how long the flow had been compromised especially since the heating was so minimal. Cance Dr. Velez cleaned out the graft I began healing. The stump completely closed,the back began healing well and the right incision was closed except two areas. At the end of April,19981 was transferred to Valley Care pursing home to continue with my rehabilitation. I would have benefited more from going to John Muir Medical Center where they have an extensive rehabilitation program. Unfortunately,due to the MRSA which l acquired at Merrithew,John Muir would not accept roe. I was discharged'home on June 24. 4. The length and time Dr. Saffier took in referring me to a vascular specialist;the time it took for Dr. Velez to diagnose and treat my condition, and the infections acquired at the hospital that caused delays in healing and further treatment. 7. The economical'and noneconomical damages that I am requesting hardly represented the hardship, parry, suffering and disfigurement that I have gone through. Prior to 1996 I was Winging home around$60,000 per year: I now receive just shy of$10,000 per year in disability. My wife worked on and off, but spent the majority of time at home. When I became ill my wife had to return to the work force and for the last year has had to become the head of the household as well.` I would tike to return to work, but this will take retraining in my geld and 1 will have to find',a job that I am salted for with my disability. During my eight month stay in the hospital my wife,scan and daughter missed days at work,while supporting me thror "my care. CILAIM BOARD OF SUPJERYISM OF CONTRA C-0-51A COUNTY, CALIEMIA �WMQ ACTIBIIh Sept 1�, 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. 1 notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV belowl, given pursuant to Government Code Section 913' and 915.4. Please note all "Warnings". AMOUNT: $2110.82 JUL S t 1988 t',fJl}NTY COUNSEi. CLAIMANT` Larry Lagano MARTINEZ CALIF. ATTORNEY: DATE RECEIVED: ADDRESS: 370 Maude Court BY DELIVRR.Y TO CLERK ON: July 24, 1998 Oakley CA 94561 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Cler C Dated: July 24, 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 warming of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Cather: Dated: t 0 By: Deputy County Counsel II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 9113) 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. Da#ed 4,�ZZ 22� '..•..PHIL'BATCHELOR, Clerk, B @e Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (b) months from the date this notice was personally served or deposited in the snail 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 N18H ING I declare under penalty ofperjury 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, ressed to the claimant as shown above.' Dated' �g `" By: PHIL BATCHELOR BIle y Clerk CC: County Counsel County Administrator C2ais otos BOARD Vii! SVPZR1 ISORS o! ooRTRA COSTA COVWY C.bi A. Clams 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, 2987, must be presented' not later than the ,100th day after the accrual of the cause of action.' Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause' of action. Claims gelating to any ether cause of action must be- presented not later than one year after the accrual of the cause of action. (Govtt Code 911.2.) B. claims must be filed with the ;Clerk of the board of ;Supervisors at its office in Room 106, County Administration Building, 651 Finer Street, Martinez, CX 94553. c. it claim is against a district governed by the Hoard of Supervisors, rather than the County, the nacre 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. Z. XXaUd.. sae penalty for fraudulent claims, Penal Code Sec. 72 at the and of this form. +arra+��ra:�t#ftaa�:�s�r,t�rs��r�r�res,r*�r�r�r�r+��rt�ra�rf,er:#+e#��:a��r�rr�r*�rtrr+r�t�re#�r�s:�raa♦ RE. Claim By Reserved for Clerkta filing stazep 4 ,4ckf-r (.kkat-teD ... RECEIVED Against the county of Contra' costa} or } } ` _District) oma iso uEvrsas (Fill in name) `} MA Cc",&c+ . The undersigned claimant hereby makes claim against the Co Contra Costs or the above-named District in the sun of $ 4 . and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour;) (µn 3* Wireldid the damage 0injury occur? '(Include' city and county)' L , M - ° C�` (reck 3. ;Nov did the damage or i3ijury 3 (Give full' details; use extra paper if required)' �11A ' s. what particular act or omission on the part of county or dis r t?kbro' officers, servants or employees caused the injury cr asc►ags? Alt C— (over) * What are the names of 'county or district officers, servants or . employees cawing.the ,damage or injury? } S. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Atta h twa +est mat± ,_f ►� to damage. ) sr 7. Now was the amount cl UmA above com;jted? (Include the estimated d amount of anylprospoctivo iodury or damage. 8. Names and addi;essar. of witnesses, doctors and hospitals. ( : vc A. List the expenditures you nude on account of this accident or injury. AM Gov. Code Sec. 910.2 provides "The claim must be signed by the } claimant or by some person on his fiZWD NOTICES ._ orngy-I Name and Address of Attorney l ai 's Signature MOVAO1 ' (Address) } Telephone No. j Telephone No. ".� ''"� ► :. #G!##'##�kl##!�l+IF###�####'a!##v�### #i#!#t�!#ai####t!###i#!i##f#i##s#+i#fru►#�4 NICE Station '72 of the Penal Code provide:. Very person who, with intent to defraud, presents for allowance or for payment to any state board or of ficer, 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, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not &ore ,than one year, bya fine of not sxasedinq 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 010`400, or by both such imprisonment and fins zi .......... �' lir .,b. . . OLs. �f SC t'r`M 2[YD G �t dab . ,., �'-h� r vL 6 c c .............. �—C/' � rt,�l i c� s '�v+,--fit- s Co-w���— _ �►�-Q s � c r� � o� �� �L P- ". e.�r� .' � riot cJ �o c✓a �` Ivy` PROBATION SERVICES UNIT Contra Costa County Employees Association C Please prgvide the,following information listed below: Date.. � 14 ZeF Ga"? Griev ) Dagartmen�t — �'n LA, C(n C1 pt 16 1 1 �g Classification Work Site " Hours of Work be, c-cz- latruedia a Supervisor Work Phone Home Phone Was the Grievance presented at the first level verbally, V FES Na ? Use additional sheets if necessary. 1)Please describe the circumstances of the Grievance Oe r f- to f I uk � ��' 61 j'VA a d oto 1 e; 40 CA Uel5, 2 Y\ ±A rPCeSS 04 Ll V\G-- ff I bac c GSC a 6, CA-f-L ,C *l � � r ...4 i !N 1A —A& V� 2)State what violation of the contract,federal or state law,past practice,management's rales or responsibilities, and duty of fair treEttment was vio(ated? W 0 ID tk-,e 4-t 3) What remedy do you propose? !_ W J� 'k UNk S* tura ofCsri Signature of Shop Stew Steward Phone# Please send a copy of this grievance to your Local One Business rigent when filed r -yi clV vvD 4- ' 1 4-o tI'lool Low (a�S , �,\- �-- pq C be c ,? c JL .57 Lpr�e ICI� . v C , JA, de �CV s�t lie—�V cv e-e_rt S .. e 4 s->�cv (d IA� o4 4-1, 41w— ov ex 4— 0' It 0 Z) lt*� fe t,�c, t AK ez CLQ fl'1 /a,; e=,Lam' o ez, r4 � f G. z9 Z i vvz7hp C��'Cl��/ 6C0.t (Nl' f c felyKJ �7�S / ✓�4�,F 1.�c�8 h o �- Cc 4 Vku- � r I �f� vyl VC961 V Lc /oct p e co o F �14SCIa6M04-m vtc-� r�� Za P� rs � l ConvPrsc� Yt(. Ls C4t✓ I 0 ol� . I/��''/'(�l4-I` Vtn� E . d- �sDcn�'s 17 `�-��. SulPerLi;`S ! 2.1 PASTORAL TEAM NEWHOPE MIKE B U R K E COMMUNITY CHURCH RON KNA'PP AN EVANCEEacA COVENAN'TCHURCH KEVIN WOOD June 23, 1997'' To Whom It May Concern: This letter is to confirm that I officiated the May 24, 1997 wedding of Larry Lagano and Donna Hesler. If you have any questions,please feel free to call me at 779-9955. This was a formal wedding that was well attended by friends and relatives from all over the country. Sincerely, Michael Burke Pastor P.O. BOX 2745 ANTIOCH, CALIFORNIA 94531-2745 51131779-9955 uN 09 '97 02:C9-4-Pt•2 HEALTH tCT F.1/2 C. ti f HEUTH NET CaUfbrnla�Health Ran Jute 9, 199 t Ms. Jean F. oar VIA FAX 5111-33'5-179$ Employee Banefi Supervisor 2 pages Human resources,Department Contra Costa Cou�ty 651 Pine Street Martinez,CA 345 3 Dear Jean: The first;week in June. 1997,Larry Lagano; contacted our member services department and requested information about adding,a spouse outside of the scheduled open enrpllment. 'Health Net's policy is that a new spouse must be enrolled within 30 days of tte date of marriage(see attached letter). Exceptions are considered to this policy per the dlient's request on a case by case basis. This information was relayed to Mr. L gano. Please advise if yo would like us to make any changes to your current policy. if you have any questions,please don't hesitate:to.call me at 510-869-3142. Sincerely, x ti Joanne C.Haggerty Senior Account Maiager Regional Sales and�4arketing License#OB00516 � , s i s 155 dtnd A+znuc*O;Mand,CA 94612+Telephone 510-465,9600•Fay,510-465-1333 Eoa } (;ORPC)RATr til'. &a11AF,AV �H t.tiF DATE G0339895 DONNA LAGANO _ __03/20/98 ..__.._ 86 r _..._ _. _ _ _ _ _ _ .Z 9727401257 DONNA L.AGANO 107.76i 9731500685 DONNA LAGANQ 66.50 9731840703 DONNA LAGANQ 33.501 9731900360JOSEPH ANTONIO LAGANt] 2. 110.82 � AMOUNT 1 ENCLOSED PAY THIS AMOUNT I 2 r 318.5$ PLEASE REMIT YOUR PAYMENT 1 O7 JOHN'MUIR MEDICAL CENTER _. 1601 YGNACIO VALLEY ROAD DONNA L.AGANO WALNUT CREEK CA 94598-3194 370 MAUDE COURT (510)s�7 333n - - DAK'L.EY SP CA 94561 CHARGE TO MY: D VISA []MASTERCARD ' )AM. Ext` ACCT. NO _a EXPIRATION DATE SIGNATURE'.._-__.-._ AMOUNT PAID $---- ACCOUNT NO PATIENT NAME ADMISSION DATE DISCHARGE DATE PATIENT 1 YP 97274 11257 DONNA LAGANG3 11/15/97 11/17/97 OBI 96 02/i.8/98' Previously Billed Balance 107.76 Account Balance 107.76 Estimated Insurance Liability 0.00 Patient Responsibility 107.76 9731500685 €ONNA LAGANi3° 11/11/97 11/11/97 OPR 96 02/18/98 Previously Billed Balance 66.50 Account Balance 66.54 Estimated Insurance Liability 0.00 Patient Responsibility ` 66.50 9731840703 DONNA LaAGANCI ' 11/14/97 11/14/97 CPR 96 02/18/98 Previously Billed Balance 33.50 Account Balance 33.50 Estimated Insurance Liability 0.06 Patient Responsibility 33.54 9731900360 JOSEPH ANTONIO L.AGAN£1 11/15/97 11/17/97 NSW 96 SUMMARY OF ACCOUNTS, OR i j BALANG F'r ORVI1ARD FCR ALL ACCOUNTS TOTAL CHARGES.`s A 7 AGJUSrMENTS TOTAL iNSURANGEPAYMENTS TOTAL PATIENT PAYMENTS I.}3 iii ME DICAL k,..N TOTAL At'CC}I3NT BALANCE n 1 C vi^ O VALI F Y PROAL; j I i F ._.. i (;;{:1 F-t.^,.ni l'il c7 TV CIC>RPORATE'NO -t-r5 DA. Your { 00339895 DONNA LAGANO 03120198 87 . q 9727401257 DONNA LAGAND 107.761 ( 973150+ 685- DONNA LAGANO 66,50 9731800703° DONNA LAGAN© 33.50 9731900360 JOSEPH ANTONIO! LAGANO 2.>110.82 i AMOUNT ENCLOSED i PAY THIS AMOUNT 2,318.58 j PLEASE REMIT YOUR PAYMENT TO: JOHN MUIR MEDICAL CENTER 1601 DONNA LAGANO' WALNUT CREEKACAE9458A3D194 370 MAUDE COURT (510)947-3336 OAKLEY, CA 94561 CHARGE TO MY: [_,I VISA j_-;MASTERCARD AM FX ACCT: NO. { EXPIRATION DATE SIGNATURE-- AMOUNT PAID $ _ ACCOUNT NQ PATIENT NAME ADMISSION DATE DISCHARGE DATEPATIENT 11122197' Billed Balance 2. 110.82 Account Balance' 2, 110.82 Estimated Insurance Liability 0.00 , Patient` Responsibility 21110.82 THIS ACCOUNT IS PAST DUE. PLEASE MAIL YOUR CHECK TODAY" DONNA LAGANO SUMMARY OF ACCOUNTS POR BALANCE FORWARD FOR ALL ACCOUNTS 0.00 TOTAL CHARGES AND ADJUSTMENTS 0.00 TOTAL INSURANCE PAYMENTS 0.00' TOIAL PATIENT PAYMENTS 21318.58 ° ` t TOTAf ACCOUNI BALANCE 4 0 1 i:3NA ,OuA ry L7� a i31 is, <<d :�,#., ,i t: I 2 t 31:8.58 IUARAN TOR Rf SPONSIRIHTY CIL Amyl C.&I BOARD OF SUPE 3DISOM OF CONTRA COSIA120UNM .t A IA. m AO Sept 1, 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 railed to you;is your California Government Codes. ) notice of the action taken on your claim by the EXCIRaw[ED Board of Supervisors, (Paragraph IV below), given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". � �99� AMOUNT: unknown COUNTY COUNSEL MARTINEZ CALIF. CLAIMANT: Raymond & Suzanne Lockwood} ATTORNEY: DATERECEIVED: ADDRESS: 2961'Delta Road BY DELIVERY TO CLERK. ON: July 30, 1998 Brentwood CA 94513 BY MAIL POSTMARKED: L FROM: Clerk of the Board of Supervisors TO: County Counsel Attacher) is a copy of the above-noted claim. PHIL BATCHELOR, lerk Dated: July 31, 1998 By: Deputy. .: H. FROM County Counsel TO: Clerk of the Board of Super. sors ,( )} 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 91.1.3). ) Other: Dated: t j By: Deputy County Counsel M. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section '911.3). 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 en red in its minutes for this date.. r . Dated: PHIL BATCHELOR, Clerk, By ty Clerk WARMING (Gov. code eetion 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 AIAHING 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 t e claimant as shown above. Dated: ' `" ` ,.�" By: PHIL BATCHELOR I3 ' ,- . ;; .Clerk CC: County Counsel County Administrator C z� VICTOR J.WESTMAN DEPUTIES: COUNTY COUNSEL CONTRA COSTA COUNTY PHILIP S.ALTHOFF JANICE L.AMENTA OFFICE OFT I HECOUNTY COUNSEL SHARON L.ANDERSON ANDREA W.CASSIDY ARTHUR W.WALENTA,JR. VICINE L.DAWES COUNTY ADMINISTRATION BUILDINfi, ASSISTANT COUNTY COUNSEL 651 PINE STREET 9th PLOQR MS.ESAR r MICHAEL E CHAEL D.FARR MARTINEZ,CALII^QRNIA 94553-1229 LILLIAN T.FUJI SILVANO B.MARCHES[ DENNIS C.GRAVES GREGORY C.HARVEY ASSISTANT COUNTY COUNSEL JANET L.HOLMES KEVIN T.KERR GAYLE MUGGLI BERNARD L.KNAPP OFFICE MANAGER EDWARD V.LANE,JR. MARY ANN MASON PAUL R.MUNIZ PHONE(925)335-1800 PHILIP J.NORGAARD VARJ. FAX(925)646-1078 DAv D F SC MIDT RANCHE DIANA J.SILVER BARBARA N.SUTLIFFE JACQUELINE Y.WOODS NOTICE OF INSUFFICIENCY AND/ R NON-ACCEPTANCE OF CLAIM TO: Raymond& Suzanne Lockwood 2961 Delta Road Brentwood, CA 94513 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: [ D. 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. [X] 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 1 [ ] 6. The claire 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: — Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (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: August 3, 1998,at Martinez,California. "K) 1 10 cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 .2`1 RAYMOND & SUZANNE LOCKWOOD FEB. 122 1998 29,61 DELTA ROAD R ECEIVED 1ZENTWO( D,'CA 94513 (510) 625-4434JUL199 �au�syss Risk Management, Liability Claims Section "NOTICEOF INTENT TO FILE CLAIM FOR DAMAGES99 Dear sirs: This correspondence shall constitute our formal notice of intent to claim, and eventually sue if necessary, for damages to the property and structures at2961 Delta Road, Brentwood, Ca 94513, which are situated on ; APN 020-190-055-2. This claim is for water damages. This claim is made by Raymond & Suzanne Lockwood hereinafter referred to as "Claimant". This claim is made against the County of Contra Costa, its employees, contractors and agents, hereinafter collectively referred to as "County" This claim is based on the willful., negligent and unlawful collection, diversion, conveyance and retention of water collected from East Contra Costa irrigation District (ECCID) facilities and other sources including the Eden Plains Road culvert, which inundated multiple properties in the "triangle" of parcels located northeast of the SantaFe railroad tracks, south of Delta d. and west of Byron I Iighway. This claim is made for damages resulting from the collection, diversion, inadequate'distribution and ultimate retention of water through County facilities which was collected and diverted from ECCID Facilities and other intentional man-made conveyances and diversions. This is not a claim for storm runoff damages. The:specifics of this claim are substantiated by eyewitness accounts, still photographs, aerial photographs and videotapes which clearly demonstrate the volume, rate of discharge and path of water flowing to the impacted properties via County owned and maintained conveyances. The County failed to act in a responsible manner to prevent or mitigate this flooding which occurred repeatedly over several days.' The resulting diversion and retention of water caused flooding to our property which resulted in damages being sustained to that (aur) properly. The items damaged include. cars, camper shell, siding on building, driveway, septic system, patio, well. The actual costs of such damages cannot be determined until such time the water recedes and inspections can be made. Claimants additionally claim damages for loss of use of Claimants' property, declined property values, hardship, pain and suffering, and Claimants may seek punitive and exemplary damages if such damages are appropriate. Claimants demand that the County cease and desist diverting water onto Claimants' property. Claimants demand that the County seek immediate injunctive relief against these parties responsible for said damages if not the County. Claimants expect the County to act in good faith, mitigate damages caused and offer fair compensation for hardship, pain and suffering, and for the other damages which it has inflicted. yX } �n \ t ` IMD DELIVERED" CLAIM BOARDOE SITIMSORS OE CONTRA COSTA !CAi N A BUM ACTe Sept 1, 1998 Claim Against the County, or District Governed by ► the Board of Supervisors, Flouting Endorsements, NOTICE TO 'CLAIMANT and Board Action. All Section references are to ) The copy of this documentmailed to you is your California Government Codes. l notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $710.80 P1 1A19 8 CLAIMANT: James Lunsford CC�IiNT COUNSEL MA04T YEZ CALIF. ATTORNEY: DATE RECEIVED: ADDRESS: 3113 Almond Tree Court BY DELIVERY TO CLERK ON: Antioch CA 94509 BY MAIL POSTMARKED: July 22, 1998 L FROM. Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above`-noted claim. PHIL BATCHELOR, CleY Dated: July 23, 1998 By: Deputy. U. FRONI County Counsel TO: Clerk`of the Board of Supervisors (, l This claim'complies substantially with Sections 910 and:910.2. ( } This claire 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 Bled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( } Other: Dated:_ 2 lb-7 ' -By: 1, � 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). 1V. 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 cote in its snit es for this date. Dated: PHIL BATCHELOR, CIerk, By - i puty Clerk WARNING (Gov. code ction 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claire. See Government Code Section 945.6. You may seek the advice of an. attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. 'For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF 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 {girder and Notice to Claimant, #dressed to the claimant as shown above. Dated- By: PHIL BATCHELOR B . putt' Clerk CC: County Counsel County Administrator :d MOT Or Orz WK NEK a X 71 t fA m y 4 T 4 S AMA f i S* � YOU— nr 1 Wv We hill AM. gg s � 1r yW� JE 0 O Q A rn <mm .® ® z ppm baz m r- 4 El z Z M > :� ®c z °o n Ifcn Tat f. Am Claim to; BOARD OF SUPERVISORS OF CI}NM:COSTA COUNTY INSTRUCTIONS TO CLAI}4W A. Claims relating to causes of action for death or for injury to person or to per- sonal property er.-sonal; property or growing crops and xhtch accrue on or before December 31, 1987, mint be pr sented not later thanthe 100th' day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the ,accrual, of the cause of action. Claims relating to any other cause of action must be presented not later' than one year after the accrual of the cause of action. (Govt. Code 591.1.2.); B. Claims mit be filed with the Clerk rk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filedagainst each public entity. E., Fraud. See penalty for fraudulent claims, Penal- Code Sec. 72 at the, end of this form.' RE: Clam By, } Reserved for Clerk's filing stamp EC ga rist the County of M—Aa MsFi or JUL District) CIERk 8th RD OF sme The undemigned claimant hereby maces claim against the County of Contra Costa or the above-named District in the sura of $ `7AO, 30 and in support of this claim represents as follows: 1. When olid the doge or injury odour? {Give exact date and hour} 2. WheM. did the damage' or injury occur? (Include city and county) Ak n o c-17 '- C10 r?'Rte, (>0 $ CO , 3. Bow did the damage or injury, occur? (Give full details, use extra paper if required) rj a.-t-_ -7 icX G 011719Rte C)n4f (lo r rim k' b 1404 ( n $ dye- e oa baN-t-r' Whippirlb 00 .... CIA - �f' c. ` # � , ems, 4. that ,particular acct or +cession on the part of county or district officers, servants or ,employees caused.the injury or damage? <--(over) 5. wtiat are the names of county or district officers, servants or'emp Qyees causing the damage or injury? n o ELI 6. What damage or injuries do you claire resulted? (Give full extent of ink .'Ve damages claimed. Attach two estimates for auto damage. , zrr 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) i. Lames and addresses of witnesses, doctors and -hospitals.. AMOUCL 9. List lthe~expenditures you made on account of this accident car injury; DATE ITEM AMOUNT !71 F -iF #Ir iEr it i-iF Gott. Code Sec: 910:2 prOYides: - < "The claim,`must be si'geed by the clafmant SEND:N(7TlS Ttl: ={Attc�rire ? or someerson on his.behal . Name and Adit of- ttorney C1aSmen 's St Address, Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or 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 imprisorment 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. !" � JUL 13 1998 Sutter Delta Medical Center 3901 Lone Tree Way Antioch, 'CA 94509 Patient: JAMES LUNSFORD {,�rn�u�rt�r�lnr�r�'rrrrr�re11r11ur1till Visit #: 10515617 Total Charges $580.86 237377 337 354 C41 Pi Date of Service: 03/18/98 James Lunsford 3113 Almond 'Tree Ct Antioch CA 94509-7309 DEAR JAMES_LUNSFORD,__ - We have not received full payment on your past due account. Due to the age of your account, we must advise you that * Your account is delinquent. x Full payment today will avoid further action. * Unpaid insurance claims are your responsibility. * Lacy of response may result in your account being placed with a collection agency. Please `mail `your checkor money order in the enclosed envelope.. If you choose to pay by credit card, please complete and return the information below. If you have made this payment within 5 `days of the above date, please disregard this notice. If you have any questions, please call the number listed below. Note: For proper crediting of your account, include your patient number. PLEASE RETURN LOWER PORTION WITH YOUR PAYMENT ***CREDIT CARD AUTHORIZATION*�* Patient Representative MC(_)VISA( )AMEX( )'DISC-( ) Phone: (510) 779-0210 EXP ( / / } AMT$_ (800) 516-5548 CARD SIGNATURE: PRINT NAME; PATIENT: JAMES LUNSFORII VISIT #: 10515617 237377 BALANCE: $580.88 ADM. ADM. DATE: 03/18/9$ Patient Billing Services Sutter Delta Medical Center 3901 Lone Tree Way Antioch CA 94509-6200 354 337 r CA EMER PHYS * DELTA TAX ID 7 BILLING OFFICE PHONE amok. 1601 CUMMINS DR. , #D--21 68-0329157 1(800)498-7157 o MODESTO CA 95358-6403 ACCOUNT NUMBER DATE OF STATEMENT" 21-08-10515617 07/12/98 Address Service Requested' PATIENT'SNAME. LUNSFORD JAMES LOCATIO\OF:SERVICE CEP * DELTA MEMORIAL HOSP (209)' 557.1211 JAMES LUNSFORD ANTIOCH CA 94509 3113 ALMOND TREE; CT' ANTIOCH CA 94509' DATE POS DIAGNOSIS DESCRIPTION OF SERVICES AMOUNT 03/18/98 23 ** 99283-25 PHYSICIANS CHARGE: LEVEL 3 114.00 ** `92320, E888 03/18/98 23 92320 73120-26 X-RAY INTERP HAND 2VW5 14.00 07/08/9$ 888800 FINANCE CHARGE 1.92 EMPLOYER INJURY DATE ADMISSION DATE DISCHARGE DATE DELTA TRANSMIS 129.92 YOUR ACCOUNT IS 30 DAYS PAST DUE:' PAYMENT OF ANY, BALANCE DUE ON THIS ACCOUNT IS YOUR RESPONSIBILITY. 'THANK YOU. AFINANCE CHARGEE OF I.5 PERCENT MAY BE REFERRING DOCTOR GU YER, LARRY M.D. CHARGED EACH MONTH ON ACCOUNTS NOT PAID ATTENDING DOCTOR GUYER, LARRY M.D. IN FULL:ANNUAL PERCENTAGE RATE 18°7o: JAMES LUNSFORD 3113 ALMOND TREE CT ACCOL NT �L?IviBER STATEMENT DATE ANTIOCH CA 94509 21-08-10515617 07/12/98 PRIMARY POLICY # SECONDARY POLICI' MAKE CHECK.PAYABLE TO: SEE REVERSE SIDE FOR AN EXTLANATION OF THIS BILL CA EMERGENCY PHYSICIANS Aff CA EMER PHYS * DELTA 1601 CUMMINS DR.', #D-21 MODESTO CA 95358-6403 129.92 ARE YOU CONFUSED BECAUSE YOU RECEIVED SEVERAL BILLS FOR YOUR EMERGENCY ROOM VISIT? THE HOSPITAL'S SILL IS SEPARATE FROM THE EMERGENCY PHYSICIAN'S BILL LROUTINE COST <. HOSPITAL'S EMERGENCY PHYSICIAN'S FEE The routine cost for emergency services has a minimum of two fees. Each feeis billed separately by the provider of the services. The hospital's fees cover the cast of providing the nurses, technicians, equipment and supplies involved in the performance of your service: The physician's feels) are for medical care rendered in the emergency department. The emergency;physician is an independent physician, not an employee of the hospital and therefore bilis separately for his/her professional services, You may receive additional bilis from other physicians who provided services during your visit_ PLACE OF SERVICE CODES (POS) 11 OFFICE 53 COMMUNITY MENTAL HEALTH CENTER 12 HOME 54" INTERMEDIATE CARE FACILITY/MENTALLY RETARDED 21 INPATIENT HOSPITAL 55 RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY 22 OUTPATIENT HOSPITAL 56 PSYCHIATRIC RESIDENTIAL TREATMENT CENTER 23 EMERGENCY ROOM- HOSPITAL 61 COMPREHENSIVE INPATIENT REHABILITATION FACILITY 24 AMBULATORY SURGICAL CENTER 62 COMPREHENSIVE OUTPATIENT REHABILITATION FACILITY 25 BIRTHING CENTER 65 END STAGE RENAL TREATMENT FACILITY 26 MILITARY TREATMENT FACILITY 71 STATE OR LOCAL PUBLIC HEALTH CLINIC 31 SKILLED NURSING FACILITY 72 RURAL HEALTH CLINIC 32 NURSING FACILITY 81 INDEPENDENT LABORATORY 33 CUSTODIAL CARE FACILITY 99 OTHER'UNLISTED FACILITY 34 HOSPICE 41 AMBULANCE- LAND 42 AMBULANCE-AIR OR WATER 51 INPATIENT PSYCHIATRIC FACILITY 52 PSYCHIATRIC FACILITY PARTIAL HOSPITALIZATION INSTRUCTIONS FOR FILING HEALTH INSURANCE CLAIMS 1. PLEASE COMPLETE A CLAIM FORM FROM YOUR MEDICAL INSURANCE PLAN WITH THE REQUIRED INFORMATION, 2. SIGN THE APPROPRIATE AUTHORIZATIONS BELOW 3. ATTACH THIS COPY OF YOUR STATEMENT TO YOUR MEDICAL CLAIM FORM. 4. FORWARD THE FORMS TO YOUR INSURANCE COMPANY'S PROCESSING OFFICE If you require another statement for a second insurance company, please photocopy both sides of this statement. NOTE: When filing secondary insurance, some carriers require a copy of the explanation of benefits(EOB)from the primary carrier. AUTHORIZATION AUTHORIZATION I hereby authorize the provider shown on the reverse side of this I hereby authorize and direct my insurance carrier to pay directly form to release to my insurance company any medical information to the provider shown on the reverse side of this form any benefits necessary to process this claire. due me under my insurance plan, I agree to pay the balance of expenses not paid under this plan. X X AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE COMPLETE'THE FOLLOWING INFORMATION ONLY IF REQUESTED ON THE=FRONT'OF THIS STATEMENT. Insurance Company Employer er of Insured Claim Office Address 1' Y (Relation of Patient to insured) Policy Number RETURN INSURANCE INFOtt.'4IATION TO OUR OFFICE Group Number IN T IR ENC LOSEID ENVELOi'E. Name of Insured Social Security Number ....m.. ANCA EMER PHYS * DELTA TA%Ill4 BILLING OFFICE PHONE 1601 ,CUMMINS DR. , #D-21 6B-01329157 1(800)498-7157 .. � MODESTO CA 95358-6403 ACCOUNT NUMBER DATE OF STATEI IENT .: 21-08-10515617 06/07/98 Address Service' Requested" PATIENT'S NAME LUNSFORD - JAMES` LOCATION OF SERVICE CEP * DELTA MEMORIAL HOSP (209) 557.1211 JAMES-LUNSFORD ANT IOCH CA 94509' 3113 ALMOND TREE CT ANTIOCH CA 94509 DATE POS DIAGNOSIS DESCRIPTION OF SERVICES AMOUNT 03/18/98 23 ** 99283-25 PHYSICIANS.gH GE: LEVEL 3 _ 1.1:4.00 ** 92320. E888 03/18/98 23 92320 73120.26 X-RAY INTERP HAND 2VWS 14.00 E?vIPLOYER INJURY DATE ADMISSION DATE DISCHARGE DATE DELTA TRANSMIS 128.00 IF YOU HAVE IN,SURANCE', PLEASE COMPLETE THE BILLING INFORMATION AS REQUESTED ON THE REVERSE SIDE OF THIS STATEMENT. PAYMENT IS DUE UPON RECEIPT OF"' STATEMENT A FINANCE CHARGE OF 1.5 PERCENT MAY BE REFERRING DOCTOR GUYER, LARRY M.D. CHARGED EACH MONTH ON ACCOUNTS NOT PAID �I`i'r tv f vG t n,t`ivkz GU YER, LARRY W.D. 3*T Frn I: �NN[7A?.�Fa�r��l ratrtF uATE I$art JAMES LUNSFORD 3113 ALMOND TREE CT ACCOUNT NUMBER I STATEMENT DATE ANTIOCH CA 945019 21-08-10515617 PRIMARY POLICY SECONDARY POLICY MAKE CHECK PAYABLE TO: SEE REVERSE SIDE FORAN EXPLANATION OF THIS BILL CA EMERGENCY 'PHYSICIANS' CA EMER PHYS * DELTA ..... 1601 CUMMINS DR. , #D-21 MODESTO CA 95358-6403 NOW "�' 128:00 ARE YOU CONFUSED BECAUSE YOU RECEIVED SEVERAL BILIS FOR YOUR EMERGENCY ROOM VISIT? R THE HOSPITAL'S BILL.IS SEPARATE FROM THE EMERGENCY PHYSICIAN'S BILL ROUTINE COST HOSPITAL'S EMERGENCY FEE PHYSICIAN'S FEEI The routine cost for emergency services has a minimum of two fees. Each fee is billed separately by the provider of the services. The hospital's fees cover the cost of providing the nurses, technicians, equipment and supplies involved in the performance of your service. The physician's fee(s) are for medical care rendered in the emergency department. The emergency physician is an independent physician, not an employee of the hospital and therefore bills separately for his/her professional services. You may receive additional bills from other physicians who provided services during your visit. PLACE OF SERVICE CODES (POS) 11 OFFICE 53 COMMUNITY MENTAL HEALTH CENTER 12 HOME 54 INTERMEDIATE CARE FACILITY/MENTALLY RETARDED 21 INPA 1 EENT HOOP ITAL 55 RESIDENTEAL SUBSTANCE ABUSE TRE4,TMENT FACILITY 22 OUTPATIENT HOSPITAL 56 PSYCHIATRIC RESIDENTIAL TREATMENT CENTER 23 EMERGENCY ROOM- HOSPITAL 61 COMPREHENSIVE INPATIENT REHABILITATIONFACILITY 24 AMBULATORY SURGICAL CENTER 62 COMPREHENSIVE OUTPATIENT REHABILITATION FACILITY' 25 BIRTHING CENTER 65 END STAGE RENAL TREATMENT FACILITY 26 MILITARY TREATMENT FACILITY 71 STATE OR LOCAL PUBLIC HEALTH CLINIC 31 SKILLED NURSING FACILITY 72 RURAL HEALTH CLINIC 32 NURSING FACILITY 81 INDEPENDENT LABORATORY 33 CUSTODIAL CARE FACILITY 99 OTHER UNLISTED FACILITY 34 HOSPICE 41 AMBULANCE- LAND 42 AMBULANCE-AIR OR WATER 51 INPATIENT PSYCHIATRIC FACILITY 52 PSYCHIATRIC.FACILITY PARTIAL HOSPITALIZATION INSTRUCTIONS FOR FILING HEALTH INSURANCE CLAIMS 1. PLEASE COMPLETE A CLAIM FORM FROM YOUR MEDICAL INSURANCE FLAN WITH THE REQUIRED INFORMATION. 2. SIGN THE APPROPRIATE AUTHORIZATIONS BELOW. 3,ATTACH THIS COPY OF YOUR STATEMENT TO YOUR MEDICAL CLAIM FORM. 4. FORWARD THE FORMS TO YOUR INSURANCE COMPANY'S PROCESSING OFFICE. If you require another statement for a second insurance company, please photocopy both sides of this statement. NOTE: When filing secondary insurance, some carriers require a copy of the explanation of benefits(EOB)from the primary carrier. AUTHORIZATION AUTHORIZATION I hereby authorize the provider shown on the reverse side of this I hereby authorize and direct my insurance carrier to pay directly form to release to my insurance company any medical information to the,provider shown on the reverse side of this form any benefits necessary to process this claim. due me under my insurance plan. I agree to pay the balance of expenses not paid under this plan. X X AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE COMPLETE.THE FOLLOWING INFORMATION ONLY IF REQUESTED ON THE FRONT OF THIS STATEMENT Insurance Company Claim Office Address Employer of Insured (Relation of Patient to Insured) Policy Number RETURN INSURANCE INFORMATION TO OUR OMCE Group Number IN THE ENCLOSED ENVELOPE. Name of Insured Social Security Number CA EMER PHYS * DELTA TAX ID BILLING OFFICE PHONE Aff 1601 CUMMINS DR., #D-21 68-0329157 1(800)498-7157 AV MODESTO CA 95358-6403 ACCOUNT NUMBER D.ATEOF STATEMENT ar 21-08-10515617 05/25/98 Address Service RequestedPATIENT'S NAME LUNSFORD ',JAMES LOCATION OF SERVICE CEP * DELTA MEMORIAL' HOSP (209) 557-1211 ' JAMES LUNSFORD ANTIOCH CA 94509` 3113 ALMOND TREE CT ANTIOCH CA 94509 DATE POS DIAGNOSIS DESCRIPTION OF SERVICES -"40U.NT 03/18/98 23 ** 992$3-25 PHYSICIANS CHARGE: LEVEL 3 114.00 * 92320, E888 23 92320 73120-26 X-RAY INTERP HAND 2VWS 14.00 EMPLOYER INJURY DATE .ADMISSION DATE DISCHARGE DATE DELTA TRANSMIS 128.00 A FINANCE CHARGE OF I.5'PERCENT MAY BE REFERRING DOCTOR GUYER, LARRY M.D. CHARGED EACH MONTH ON ACCOUNTS NOT PAID ATTENDING DOCTOR GUYER, LARRY M.D. IN FULL.ANNUAL PERCENTAGE RATE 180A JAMES LUNSFORD 3113' ALMOND TREE CT F ACCOUNT NUMBER STATEMENT DATE ANTIOCH CA 94509 21-08-10515617 05/25/98 PRIMARY POLICY # SECONDARY POLICY# MAKECHECK PAYABLE TO: SEE REVERSE SIDE FOR AN EXPLANATION OF THIS BILL. CA EMERGENCY PHYSICIANS r ""o" CA EMER PHYS * DELTA r.r.. .1601 CUMMINS DR.-, #D-21 MODESTO CA 95358-6403 .ane 128.0 ARE YOU CONFUSED BECAUSE YOU RECEIVED SEVERAL BILLS FOR YOUR EMERGENCY ROOM VISIT? THE HOSP'ITAL'S BILL IS SEPARATE FROM THE EMERGENCY PHYSICIAN'S BILL Rt3UTINE COST HOSPITAL'S I. EMERGENCY` PHYSICIAN'S FEE The routine cost for emergency services has a minimum of two fees. Each fee is billed separately by the provider of the services. The hospital's fees cover the cost ofproviding the nurses, technicians, equipment and supplies involved in the performance of your service: The physician's fee(s)are for medical care rendered in the emergency department.The emergency physician is an independent physician, not an employee of the hospital and therefore bills separately for his/her professional services. You may receive additional bills from other physicians who provided services during your visit. PLACE OF SERVICE CODES (POS) 11 OFFICE 53 COMMUNITY MENTAL HEALTH CENTER 12 HOME 54 INTERMEDIATE CARE FACILITY/MENTALLY RETARDED 21 INPATIENT HOSPITAL 55 RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY 22 OUTPATIENT HOSPI 50 PSYCHIATRIC RESIDENTIAL TREATMENT CENTER 23 EMERGENCY ROOM- HOSPITAL 61 COMPREHENSIVE INPATIENT REHABILITATION FACILITY 24 AMBULATORY SURGICAL CENTER 62 COMPREHENSIVE OUTPATIENT REHABILITATION FACILITY 25 BIRTHING CENTER 65 END STAGE RENAL TREATMENT"FACILITY 26 MILITARY TREATMENT FACILITY 71 STATE OR LOCAL PUBLIC HEALTH CLINIC 31 SKILLED NURSING FACILITY 72 RURAL HEALTH CLINIC 32 NURSING FACILITY 81 INDEPENDENT LABORATORY 33 CUSTODIAL CARE FACILITY 99 OTHER UNLISTED FACILITY 34 HOSPICE 41 AMBULANCE -LAND 42 AMBULANCE-AIR OR WATER 51 INPATIENT PSYCHIATRIC FACILITY 52 PSYCHIATRIC FACILITY PARTIAL HOSPITALIZATION INSTRUCTIONS FOR FILING HEALTH INSURANCE CLAIMS 1. PLEASE COMPLETE A CLAIM FORM FROM YOUR MEDICAL INSURANCE PLAN WITH THE REQUIRED INFORMATION. 2. SIGN THE APPROPRIATE AUTHORIZATIONS BELOW, 3, ATTACH THIS COPY OF YOUR STATEMENT TO YOUR MEDICAL CLAIM FORM. 4, FORWARD THE FORMS TO YOUR INSURANCE COMPANY'S PROCESSING OFFICE. If you require another statement for a second insurance company, please photocopy both sides of this-statement. NOTE: When filing secondary insurance,some carriers require a copy of the explanation of benefits(EOB)from the primary carrier. AUTHORIZATION _ AUTHORIZATION I hereby authorize the provider shown on the reverse side of this I hereby authorize and direct my insurance carrier to pay directly form to release to my insurance company any medical information to the provider shown on the reverse side of this form any benefits necessary to process this claim, due me under my insurance plan: I agree to pay the balance of expenses not'paid under this plana AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE COMPLETE THE FOLLOWING INFORMATION ONLY IF REQUESTED ON THE FRONT OF THIS STATEMENT Insurance Company Claim Office Address Employer of Insured (Relation of Patient to Insured) Policy Number RETURN INSURANCE INFORMAnON 10 OUR OFF110E Group Number IN THE ENCLOSED 3 ENVELOPE. Name of Insured Social Security"Number' _.__ W......_._ . . _. —... ; CLAIM C. $O Rid OF SUPERVISORS OF CONTRA COSTA COUNTY, CAIHORNIA BOARD ACII Sept 1, 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 ff9C1ffl11WT,M Board of Supervisors. '(Paragraph IV below), given pursuant to Government Code Section 913 and aI D L 3 1 1998 915.4. Please note all "Warnings". AMOUNT: unknownGCUh1TY coUNSSL MASTlN62 CALIF. CLAIMANT: William D. & Patricia G. Martin ATTORNEY: DATE RECEIVED: ADDRESS: 2820 Eden Plains Road BY DELIVERY TO CLERK ON: July 30, 1998 Brentwood CA 94513 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, lerk. Dated: July 31, 1998 By: Deputy ,�tAAA _ZZAL2n,_ H. FROM: County Counsel TO: Clerk of the Board of Superviso { ) 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: 1 Dated:J.2;;,k _ BY: _ /W Deputy County Counsel M. FROM- Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claire was returned as untimely with notice to clainnant (Section 91`1.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. VV { ) Other: I certify that this is a true and correct copy of the Board's Order ente ed in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, B .,. ;Daputy 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. *ForAdditional Warning See Reverse Side of This Notice. AFFMAVTT 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 the claimant as shown above. Dated1',6,:,_,.V,1By: PHIL BATCHELOR By `' D uty Clerk CC: County Counsel County Administrator Cal VICTOR J.WESTMAN' CONTRA COSTA COUNTY tA� DEPUTIES: COUNTY COUNSEL CONTRA COSTA COUNTY PHILIP S.ALTHOFF OFFICE OF THE'COU UNSEL SHARON L.ANDERSON ANDREA W CASSIDY ARTHUR W.WALENTA,JR, COUNTY ADMINISTRATION BUILDING VICKIE L.DAWES ASSISTANT COUNTY COUNSEL 661 PINE STpE 1;31h LOOR MARKE S.ESTIS MICHAEL D.FARR MARTINEZ, CALIFORIAN946 ,3-1229 LILLIAN T FUJI SILVANO B.MARCHESI DENNIS C.GRAVES ASSISTANT COUNTY COUNSEL GREGORY C.HARVEY JANET L.HOLMES KEVIN T.KERR GAYLE MUGGLI BERNARD L.KNAPP OFFICE MANAGER EDWARD V.LANE,JR. MARY ANN MASON PAUL R.MUNIZ PHONE(925)335.1$00 PHILIP J.NORGAARD FAX(925)646-1078 VALERIE J.RANCHE DAVID F SCHMIDT DIANA J.SILVER BARBARA N.SUTLIFFE JACQUELINE Y.WOODS NOTICE OF INSUFFICIENCY AND/0 R' NON-ACCEPTANCE OF CLAIM TO: William D. &Patricia G. Martin 2820 Eden Plains Road Brentwood, CA 94513 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: [ D. 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. [X] 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 1 C.z [ ] 6. The claim isnot 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: lj�a ! `!` 2 eputy County Counsel CERT FICATE OF SERVICE BY MAIL (C.C.P.§§ 1012, 1013a,2015.5;Evidence Code§§641,664) I declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;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: August 3, 1998,at Martinez,California. mr cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910:2,920.4,910.8) Page 2 C.21 RECEIVE William.D. and Patricia G. Martin JUL 3 0 199 2820 Eden Plains Road Brentwood,CA 94513 A1! Vt R February 16, 1998 *HAND DELIVERED; Risk Management,Liability Claims Section County of Centra.Costa 651 Pine Street Martinez,CA 94556 Notice Of Intent To File Claim For Damages To Whom It May Concern: This correspondence shall constitute;our formal notice of intent to claim, and eventually sue if necessary, for damages to the property and structures at 2820 Eden Plains Road, Brentwood,CA 94513,which is situated on APN#020.280-012. This+claim is for war damages, William D and Patricia.G. Martin hereinafter referred to as "Claimant" make this claim. This claim is made against the County of Contra Costa, its employees, contractors and agents,hereinafter collectively referred to a "County". This claim is based on the willful negligent and unlawful collection,diversion,conveyance and retention of water collected from East Contra Costa Irrigation District(ECCID)facilities and other sources including the Eden Plains Road culvert, which inundated multiple properties in the "triangle" of parols located northeast of the Santa Fe railroad tracks, south of Delta Rd. and west of Byron Highway.' This claimis made for damages resulting from the collection, diversion, inadequate distribution:and ultimate retention of water through County facilities which was collected and diverted Brom ECOID Facilities and other intentional man-made conveyances and diversions. This is not a claim for storm runoff"damages. The specifics of this claim are substantiated by eyewitness accounts,stiff photographs,'aerial photographs and videotape which clearly demonstrate the volume,rate of discharge and path of water flowing to the impacted properties via County owned and maintained conveyances, The County failed to act in a responsible manner to prevent or mitigate this flooding which occurred repeatedly over several days. The resulting diversion and retention of water caused flooding to our property, which resulted in damages being sustained to that property. The items damaged include the barn foundation, stalls, tackroom floor. Etc. The actual cost of such damages cannot be determined until such time that the water recedes and I inspections can be mate': 46 William D,and Patricia C.Martin Notice Of Intent To File Claim For Damages Page 2 Claimants additionally claim damages for loss of use of Claimants' property, declined: property values, hardship, pain and`suffering, and Claimants' may seek: punitive and exemplary damages if such damages are appropriate. Claimants demand that the County cease and desist diverting water onto claimants' property. Claimants demand that the County seek immediate injunctive relief against those parties responsible for said damages if not the County. Claimants expect the County to act in good faith, mitigate damages caused and offer fair compensation for hardship, pain and suffering, and for the other damages, which it has inflicted. Signed this day 98 V. f William D. Martin Patricia G. Martin CLAIM C.Z1 BOARD OF Si PFRY , OR's OF CON Ct&1 tli NTy A ,>CFOIN A BOARD ACTI Sept 1, 1998 Claim Against the County, or District Governed by ) the Board of Supervisors, Touting Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to 7 The copy of this document mailed to you is your California Government Codes. i notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV'belowl, Oven tlw pursuant to Government Cade Section 913 and ';l 915.4, Please note all "Warnings`. AMOUNT: unknown J U L 2 4 1998 C COUNSELCLAIMANT: LaJuana Minor '1TPEEZCALIF. ATTORNEY: DATE RECEIVED: ADDRESS: 3800 Dove Court BY DELIVERY TO CLERK ON July 20, 1998 Antioch CA 94806 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO. County Counsel Attached. is a copy of the above-noted claim. PHIL BATCHELOR, erk E, r - Dated: July 22, 1998 By: Deputy H. FROM: County Counsel TO: Clerk of the Board of Supervi s ( ) This claim complies substantially with Sections 910' and 910.2. This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated:- By; f 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). l[V. 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 enterpd in its minutes for this date. Dated. PHIL BATCHELOR, Clerk, B -,:D putt'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 penury that I am now, and at all tunes 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 t -- By: PHIL BATCHELOR B m- ►' _ -D Jerk CC: County Counsel County Administrator C,2,1 VICTOR J.WESTMAN �j �+ DEPUTIES: CONTRA CIOSTA COUNTY PHILIP S.ALTHOFF COUNTY COUNSEL JANICE L.AMENTA OFFICE �t J"FFICE ©FTHE CdU!li,TV'COUNSEL SHARON L.ANDERSON ANDREA W.CASSIDY ARTHUR W.WALENTA JR. T�*ADr Is sT AT :eu�LDIN ' MARE L.DATES ASSISTANT COUNTY COUNSEL S j INE STREtT.$mh IrLOt n MICH E S. .FAR MICHAEL D.FARR MARTINEZ,CALI'PiOI�NIA94553-1229 LILLIAN I FUJII SILVANO B.MARCHESI DENNIS C.GRAVES GREGORY C.HARVEY ASSISTANT COUNTY COUNSEL JANET L.HOLMES KEVIN T.KERR GAYL€MUGGLI BERNARD L.KNAPPEDWARD V.LANE, .' OFFICE MANAGER MARY ANN MASON PAUL R.MUF41Z PHILIP J.NORG PHONE(925)335-1800 VALERIE J.RANCHE J. FAX(925)646-1078 DAVID F SCHMIDT DIANA J.SILVER BARBARA N.SUTLIFFE JACQUELINE Y.WOODS NOTICE OF INSUFFICIENCY AND/CSR NON-AC EPTANCE'OF CLAIM TO: LaJuana Minor 3800 Dove Court Antioch, CA 94509 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: [ 11. 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. [ ] 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 1 C-21 ] 6. The claim is not signed by the claimant or by some person on his behalf. [XX] 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: Deputy ut Count Counsel p Y CERTIFICATE OF SEMICE BY MAIL (C.C.P.§§ 1012, 1013x,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;1 am a citizen of the UnitedStates,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. 1 certify under penalty of per ury that the foregoing is true and correct. Dated: July 28,1998,at Martinez,California. F cc: Clerk of the Board'of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY'OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 RECEIVI"'." JUL 2 CWM PURSUANT TO MIFO XA tw*.uss .fair r <', FSU s ;� The following information is provided pursuant to California Government Code 5910. A. NAME AND POST OFFICE 'ADDRESS OF CLAIMANT: LaJuana Minor - 3800 Dove Court Antioch, CA 94509 B. POST OFFICE ADDRESS FOR NOTICES TO BB SEN TO Same as "A" C. CIRCUL4STANCES OF OCCURRENCE WHICH GAVE RISE TO CLAIM: Claimantis the mother of the deceased, LaDawna Minor, who was a patient at Contra Costa Regional Medical Center & Health Centers/Merrithew Memorial Hospital on January 16 and 17, 1998. She was discharged on January 17, 1998 with a diagnosis of seizure disorder and unspecified stomach problems. on January 20, 1998, decedent LaDawna died of heart failure, D. DESCRIPTION OF LOSS INCURRED: Pecuniary loss, including Loss of comfort, society, and protection; loss of consortium, including lass of support, , services, love, companionship, affection, society, and solace. Medical expenses. E. NAME OF PUBLIC ENTITY EM LOYEE CAUSING THE INJURY: Contra Costa Regional Medical 'Center & Health Centers Merrithew Memorial Hospitals & Clinics 2500 Alhambra Avenue Martinez, CA 94553 Claim submitted to: Board of Supervisors Contra Costa County 651 Pine 'Street, Room 106 Martinez, CA. ''94553 F. AMOUNT CLAIMED- Claim subject to superior court jurisdiction. Dated*- July 20, 1998 By* LaJua� IMinor Claimant d C tc►G H un G> e� i J ON M MO 0 0.(+ 0 Ul IA O . ti � J{ CIL AIM U1 BOARD OF SUMMSORS Of CONTRA COSTA COUNTY IE(MIA OAMD AOM Set 1, 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 railed to you is your California Government Codes. J notice of the action taken on your claim by the ]1WZ@ Board of Supervisors.;(Paragraph IV below), given' pursuant to Goverment Code Section 913 and AUG 19 � 915.4. Pease note all "Warnings b " AMOUNT: $818.88 COUNTY:COUNSEL MARTINEZ CALIF. CLAIMANT: Pickett-Rothholz & Murphy Insurance Agents & Brokers ATTORNEY: FOR McClatchey Newspapers DATE RECEIVED: ADDRESS: P.O. Box 13190 BY DELIVERY TO CLERK ON: Sacramento CA 95813 BY MAIL POSTMARKED: Aug,4, 1998 L FROM Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, lerk Dated: Aug 6, 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: By Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as:untimely with notice to claimant (Section 911.3). IV. BOARD ORDER; By unanimous vote of the Supervisors present: This Claim is rejected in full. ( ) Other: I''certify tl; this is a true and correct copy of the Board's Order enteoed in its min tes for this date. Dated PHIL BATCHELOR, Clerk, By ;f7 p ty ierk r WARNING'(Gov. node 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, aqOressed to the claimant as shown above: � E Dated " '. By: PHIL BATCHELOR B ut C CC: County Counsel County Administrator 8/3/98 ZA Re: D/AAccident: 7/21/98, Our insured: McClatchy Newspapers To,'Whom:it May Concern: We are filing this claim on behalf of our insured named above. Please forward payment to this office made payable to McClatchy Newspapers. If you have any questions, please call, Sincerely,, �ath�Teu Clerk of the Board of supervisors PIC :ETT ROTMOLZ & MU"H'Y TO Room 106, County Administration Bldg INSURANCE AGENTS&BROKERS 651 Pine Street Insurance and Bolds --Since 1919 Dart inez i, CA 94553 P.O.BOX 13190 SACRAMENTO,CALIFORNIA 95813 Phone:(916)383.2222 FROM N -AIT { Y M EWt PAPERS TO 3837946 1998,07-31 15131 #25737 P.02/OS j� jy R Claim to. BOM CF MUUM OF =M CMA OMM k CIAA= relating to causes of action fW doth or fbr injury to pemM gar to 'per- zonal property.car 8rowing.wops and lihibb act on or beft : December 31.j 19S7. aust be irmenW wt latw tom€ the 10th day atter the aacrual Or WOM Oa=6 C##` ao'tu - Maims 2a tingto of-ac Um tcrA at Cr tib' injur'y to Person or to perwnal property or OvIft, envs 'aid doh aOMMM ca or alUr Jazary i, 19Wt u t be pmuftod t Uter ftaft all Mdhs after the a=wl of the +ramose of ticot Claim relating to av otbor oxwe or aoticta =at be prWanted tot later tim am fix' wtier tio aawvai of the Cw or ami . (mitt. co& 11.2.) S* Claim Mst be Mad idth the Qerk,of the lkwd of 3WWr#sors at its atfift in Rom 106r ftmtp' A&Inlatmtiad bAiding, 651 PIM Strreet, ftrtAuez, Ci 94M. C If dim is agaftit a dict VwArned b3►'the Board or Supeerv'i=M, Mthw the untwy. W rAW of the District: AW24 be firmed in. D. if the dim is against more t} n. cme ytZlic entity, separate claims mast be filed against each public entity. E fid. See penalty for fraudulent oiaims$ Fes.,Oods Secs. 72 at the evA of :,this n: Claim By Y lied for C,erk''#s Ming atanp McClatchy Newspapers EI / o tL�ra tsi AUG CLERK BoAR(3 pF SQA Eft t "rAS 3ist riet) the rime � UWOMig i aUd=t hereby crakes dUIM apInst the City of Crura Costa or the ab -mmd District la*,tbe 3= of 81 .88 and In support of Cts cpm �eprea'e�. Foilx E Cdi. t or In I (Give rmb date and bow) 7/21/98 at 11:45 pm 2. Wbwe dw P Cr injury°=W? (bolo te' city sed ter 400 block of 'Ferry Street, Martinez, CA 3 did Um devage or Injury oocw? (give fIXU &-taila-, we oaf paper if required) Contra Costa County Sheriff's Department vari backed into McClatchy Newspaper vehicle (parked) '• VbAt Mi sr not or aminsion ad the part 6f mmty or district omaeml. aer�rac�. .�tpii�y�s ed "�.irk os+. Backing up without looking (over) FROM :MiCCS-gTCHY NE14SPAPERS TO 39379451995.07-31 15:32 #337 P.03/OS 5. vtMr. &*-a ttke IuLj" of co=y or dystriet *f'fic ers, servants or avloyees onuaLrig the damSe or injury'? Deputy Donald J. Smith S. Mbat W inavries do you claim r*zAtedli (Give full eft of LnJuZies or d OM . Attach two estimate for auto damge. damage to 'left front of vehicle 7. How Baas the momt claimed atm meted? (In -ude tbe eatimated amt sof any arpact1Ve inJW7 Cr damage.) Computed by 'e,stii tate(3 attached S. names and addresses of wittesses a doatom and baspi.talo. Witness: Amtrak Police Detective Christopher Glass 415-546-4472 No injuries List thd e7cpeWiti s `,yoU Math On acct Of this: aooldant or injury: N/A Gov« ode &6. '91042 ' vis "The 'claim'unt be signed by the'Waft �'Qxtt or big SrA Ad&eas of t rM E Pickett- !�hholz & Murphy Insurance Agents (please make check out to McClatchy Newspapers)' Telephone 'Rai. Telephope.No,' 91.6-383--2222 !Ee iF N0TIGE .Mien 72' of the Ponva ate pWides _ xRvery matin Ito, with intent to defer, ppeowts roe allowance or for "Mt t4 at7 state bmrd cr off iow, or to any ooMt-y, city or distr et board or oYaPi+cert �►uIzed to allow or Payr the so= if 4emd M arw fuse c r fMuduleut alai% hf73, a mt,' m r, ► �i�# 'i s V=�b,�� rt:i� i ixc�t in the may JaU-far-a WJ6d*of vot som tbw gne.yew s ttr a rim of not e►caeading ,One t bMSM ($1v000)r cam bV'both a 3c6*1"rr U=Aeint a0d riar ,'�`Or,tw iwriaorm nt in the ate prism,: by a fine of not meediris ten'thousand.dollars llars 310,000, or by. both zuch-Imprieomient, and fina. . EP ti S vR f _ � I h / E #18 r s P, d t � wr�rrx�r�arsaw�.wa.�... MITI t ji f �x t e C.ZA ESS, LERPAINT'' S���' 0. M W 0 WHEEL ALIGNING • FRAME and AXLE STRAIGHTENING • FOREIGN and SPORTS CARS �-- 2911 J 'STREET + SACIIAMENTO, CALIFORNIA 95814 + PHONE 442-5602 • FAX 442.8769 :VEPt#OM4 V'-6Icl $ ' 5 DaysDate :ar tamers / # Address Zip --Model/Body 41?!. l !to ,, rutaea�e ns.Co Address halm Policy Adjuster Phone $u$t,E7 OR QUAM. O@TMLs Of REPArR OR*EPLACEMEW L"OR HR$.- PAMSIPAINT NET rTEM5 io s . } i r 1 Hazardous Surcharge 77TY4TAL 1. ESTHW ATE ONLY, FINAL BILL SUBJECT TO CURRENT PART PRICES AND REPAIRS COMPLETED. t.BtbQr $ �r 2. 'DEMMEANA!PERSONAL CHARGES DUE IN FULL BEFORE RELMSE OF VEHICLE' Park $ NO EXCEPTIONS. paint $ 3. UNPAID BALANCES SUBJECT TO FINANCE CHARGES. subset $ •� + ,� _c Tax $ . SlgnafU t" ADVANCE CHARGE $ By GRAND TOTAL $ ` Date: 07127198 06.32 AM Estimate ID: 2310 Preliminary Profile ID: CUSTOMIZED "It paysto see Hayes" Hayes Brodhers Collision Repair 1800 20th Street Sacramento,CA 95814 (9161456-3368 Fax: (916)443-0301 Damage Assessed By: CHUCK`RICHAF DSON` Deductible: UNKNOWN Owner 'SACRAMENTO BEE d44 /r f Mitchell Service: 911489 Description: 1997 Geo Prizm Vehicle Production Hate: 10196 Body Style: 4D Sed' Drltie Train: 1.6L,inj 4 CyI SM VIN: 1YISKS26XVZ409266 License: 3UGX270 CA Mileage: '19,940 OEMIALT: .0 Search Code: None Color: "`WHITE' Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units i 100890 BDY REMOVEIINSTALL FRT BUMPER ASSY 1.5 2 102040 BDY REMOVEIREPLACE L FRT MARKER LAMP ASSEMBLY 94852394 GM PART 45.73 0.2 # 3 104000 BDY REMfIOVEIREPLACE L FENDER PANEL 94861996 GM PART 222.00 til # 4 AUTO REF; REFINISH L FENDER OUTSIDE C 2.2 5 AUTO' REF REFINISH L FENDER EDGE C 0.5 6 104440 BDY' REMOVEnNSTALL' L FENDER ADHESIVE MOULDING Existing 0.1*' 7 116700 REF BLEND L FRT DOOR OUTSIDE C 0.9 B 400329 SOY REMOVEIINSTALL L FRT DOOR'FRT WINDOW FRAME MLDG 0.6 9 100331 BDY REMOVE(INSTALL L FRT BELT MLDG 0.2 10 100070 BDY REMOVFANSTALL L FRT REAR VIEW MIRROR INC 11 116190 BDY REMOVEJINSTALL L FRT DOOR ADHESIVE MOULDING' Existing 0.2* 12 100074 BDY REMIFOVEI#NSTALL L FRT DOOR'TRIM PANEL INC 13 100080 BDY' REMOVEIINSTALL L FRT OTR DOOR HANDLE 0.6 # 14 900500 REF'" ADO'L LABOR OP MIX AND MATCH COLOR Existing 0.5* 15 936012 ADD'L COSI' HAZARDOUS WASTE DISPOSAL 3.00 16 AUTO' REF ADD'L OPR CLEAR COAT 1.3 IT 833018 BDY* ADD'L OPR MASK FOR OVERSPRAY 6.00'* 0.3* 18 AUTO' ADD'L COST PAINTINIATERIALS 135.00* *-Judgement item #-Labor Norte Applies C-Included In Clear Coat Calc Remarks ESTIMATE OPEN UNTIL TEARDOWN, ESTIMATE RECALL NUMBER: 112719806:27:09 2310 UltraMats Is a!Trademark of Mitchell international Mitchell Data Version: JUL`98 A Copyright(C)1994-9997 Mitchell International Page 1 of 2 All Rights Reserved Date: 07127198 06:32 AM Estimate ID: 2310 Preliminary` Profile ID: CUSTOMIZED Add'1 Labor Sublet 1. Labor Subtotals ` Units hate Amount Amount Totals II. Part Replacement Summary Amount Body 6.6 40.00 6.00 0.00 26900 Taxable Parts267.73 Refinish 5.4 40.00 0.00 0.00 259.20 Sales Tax @ 7.760% 20.75 Non-Taxable Labor 528.20,, Total Replacement Parts Amount 288.48 Labor Summary 10.9 528.20, HI. Additional Costs Amount IV. Adjustments Amount Taxable Costs 135.00 Customer Responsibility 0.00 Sales'Tax @ 7.750% IGA6 Non-Taxable Costs' 3.00 Total Additional Costs 148.48 I. Total Labor: 628.20' II'. Total Replacement Parts: 288.48 Ill. Total Additional Costs: 148.46 Dross Total: 965.14 IV. Total Adjustments: 0.00 Net Total: 965.14 This is la preliminary estimate. Additional changes to the estimate may be required for the actual repair. ESTIMATE RECALL NUMBER: 7127198 06,27:09 2310 UltraMate Is a Trademark of Mitchell International Mitchell Data Version. JILL. 98 A Copyright(C)1994-1897 Mitchell International Page 2 of 2 All Rights Reserved Ike: 070ft 47:26 AM EsUrade la: 131 Prom W. CUSTOMEM fhe�tet�trsryr C1AiW{t347tlR"B Y i FRAMMHE 1101 NORTH 0 V,,;SACMAMERMCA MM Fast: x918}4444n# txarrvWAssessedley: HIl MHr-ATFi Appralmd!'For SAC SEE t+o fabod UNKNOWN mat M 39IMS Afddkwa s: lift IMS'f.;&4MMS Xk CA MO OoeClveow 1997 tw wttM Vrd *i►mdwtk*A "Ift RodySW. 4P Sed n4wo Trrtft- 9AI L"4.co+sal WN.- 4Y1SMuftee Lit re: 3UGXM CA �: " C:etoe: wwfp LAW MR" Landit' Line bwn Fart Typal DoOar Lam' Own Mmnirr '1 rPM OPWAOM Pot wuNibw int UMw I 'Itt o h11Cf TALL FRT SUM Mr'R AB BY 1,A is 2 1*WW IMY WJAOVBRMACE L FKT MAM(ER LAt p AWM8LY 80523" GM FFAKt AW?S 0.2 # 3 M" no HL"M H �liE 1A 4 1 WY iW cr: L F PALM EL 9=1995 am PART 29M is f' 4: AUTO Ftp PIEFIN H L FEIr©ER MW as 7 W40 BUY Rt MhCtVMWKACE L +KMAW*8 MOUt MG 0 GM PAW i&" Ic r it i'#ST80 fIEF L ML " OUtO3E 4 AtM Ai t'L CMT PAN[ VATERMSt45 ' 10 0"M AMI-0M JU%ZAJ=USLWAMUWFOSAL Labw No%Applies merits POWMX LMSIM nAMAGF,VERCL.E HAS TO IDE IMM DOWN faM RE INSPECTION, AMI Labor L LrbwrSubtatft Utft a AgWW Cft* Tam IL Pat PAT"aa"MAsumnwry Amt Boit' 3J ff4ML T Tasate Ryna 2B t ReAntsh 42' 34" OA9 *AD 250M T sm4ft Tax 41 7.700% 21AT ' TiumWe Labor 480:80 '#ADW VIeplacesrent Pasts Antonrrr 805.50 LmbtwSwwiar7 SA 4MG0 �Irrls+nsaltarwd M�toa Y rr. ,tluL 98 A �Ca yrl t 1 4-t�9't JA*Cl(sall tganVajonaL Pd4e 1 of 2 1UL thts dru+ad tom: 07 07M AN tcom"WMe& "I Poiialo aiNyr Pp**0: CUSTOMIM R. 1ut41tto"tests M. A*KvfttMtAMUM Taubk Caw[ 14fl tusDr 1111ty 8 A�1 Txx 7 7Ai 11#8 1Wwv'""cftb 10.00 Tota'At1dwo"d c*s& 40A L TOMLakr- 484 If. TOW Repkcwftm P*U! 0L 1 ttsTatal: 52.Sg 111. '!'okpiftt$[mt mft OAA Nd Totah. 952.811` This Addi'"tEbMp" tMoir. if LWrit k r t�'1 tmz. THE C"IRt"IA =19 OF RSGUl A=OMS, TI= 1.4 , cg" 5 t StMCVAPM 9, SECT-IOU 2695.8'-D-2.C. , WE AM ADV1sl YOU TUAT You RAVE T� T' !1. RIGHT UhVZ JM USPA"LR P"ACILITY OF " OIJR CMM TO ISS THR R `1t S To Tom vicraims. >ri TE R XWR I87$ 1:4 mic GARY CAN RNAS10KAIMY A UST ANY WRTTM E3TXK%TZ8 ,PRZPA= By THE REPAIR SHOP Chit' YOyJR C OXCE. APP=Rry TO V0LICY=tM MY: IF You �& T4 VM RIS REPAIR FAClLlTSt ASSUG=V= BY 'Yt7M IRMAMN= MMANT, TOOR COWART MIM OUARANTEE TM DAMOW VMMMX To BE RROTOMTO IT'S VRE—LOSS COMMON AT NO COST TO TOO t:MER TSI STATM YR THE POLICY (I.E. POLICY' LIMITS OR bEtlt'ICTASIB) tit AY,L �38�CIA 'IO�t. YOU IST AMBORIZETt9 REPAIRS TO TOUR' CAR. E lMAIM RSL M M"M 7=016:44= 191 !Aftd"L7'tatatlfadnsteara tNLr�t�e►�s Tn�al`MMlll tkattaeael diJ1,.IMl 1 +!~afpq►►1 C{t* 1 w Pne '2 of 2 CLAIM a ACIEME Sept 1, 1898 Maim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your California Government Codes. notice of the action taken on your claim by the `M Board of Supervisors. (Paragraph ll( below), given pursuant to Government Code Section 913 and J U L 3 1 1998 915.4. Please note all "Warnings". AMOUNT: exceeds $10,000 GCU""yCOUNSElM MASTINEZ CALIF- CLAIMANT: ALIFCLAIMANT: Billy Michael Rogers ATTORNEY:' DATE RECEIVED: ADDRESS: 501 'West Tenth Street BY DELIVERY TO CLERK. ON: fate App Granted 7/28/98 Antioch CA 94509 BY MAIL POSTMARKED: L FEtONE Clerk of the Board of Supervisors TO. County Counsel Attached is a copy of the above-noted claire. PHIL BATCHELOR, rk Dated. July 31, 1998 By: Deputy U. FROM:- County'Counsel TC?: Clerk of the Board of Supervisolfs o0 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 thatit was filed',late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: r Bated: 1 By: Deputy County Counsel III. FRONT: Clerk of the:Board TO. County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). TV. BEARD 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 entpktd in its minutes for this date. Dated:. PHIL BATCHELOR., Clerk, B puty Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a'court action on this claire. See Government Code Section 945.6.. You may seek the advice of an attorney of your choice in-connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF 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, By: PHIL BATCHELOR B96 !�.Aauty Clerk CC: County Counsel County Administrator COUNTY COUNSEL'S OFFICE CONTRA Cosm Cowry MARTINEZ.'CALIFORNIA Dale: July 2 1998 To: Clerk of the Board From: 'Victor J. Westman, County Counsel By: Andrea W. Cassidy, Deputy County Counsel a: Late Claim Application of Billy Michael Rogers, Sr. Billy Michael Rogers, Sr. is a double amputee,paraplegic who suffers from depression and seeks relief in order to file his late claim against the County. He first filed his claim on May 28, 1998. and it was denied as late. He filed an application for late claim on June 8, 1998 which was denied. Since this application for late claim is filed within the time in which the County may provide relief and although Mr. Rogers does not set forth why his condition would preclude himfrom filing his claim in a timely manner, we recommend that the Board grant the application to file the late claim. Cance the claim is accepted as timely, the Board should deny the claim. AWC/ C:V*RawFF1CB r.. ` r 0 W-4 kl I mr ! - ILA trAVU r A Now! y W lit MIAMI f cAk `! .: = �p Frx W�MOM mot NII dog + ", ,Rp kvj fff AS' t,,VW.ZA6%aA 1.Alow g cwtWIVAA7 �nlow ,0 7 011 t # # r d ♦ P n1 .x f r A MA At, Y 9 W.M� ZWAWVA� jmotj VOJ Ammummod ire a"s- ; I'M.4 ,�� �► 1 r�� , �� a ,►� e � _ ,� +' A► ♦ !° �. ,►. � ..�. � �aim` s Ur rTwo WAR L o r 06 f # YAW r .Mil 4w..�1 s ! P R .01 PA. a. 4 r Ail MAO, Ike IIAAI ffz�:M-SAIN A ,� ,� �O .� .fir► ®A �. s. .�. ° ` a,. >r�x ,� „� #;. d r► # ® ^ o44 ma. a ma Ats . .. ($� MOT All ie-lorld 2-1:�Ift*- t ..-. .. 140. MOE IWA y 4 ' tom" * Phil 8*WW WC C . 1 e Board o Supervisors pi Contra ISM ,;petty�4cltrilT'�#ration Bu€�� Crt1tM11y�CikX e6I Pirte SUr"t,Room Costa tj335-tiitid Mardmz,Calitomia N%3.1293 County Do�wr Cr�r.3tct Ciisttict �. { • TO: Silly Michael Rogers, Sr. 541 West 10''Street Antioch, CA 94509 t 71 .(of Late-Filed Claim (Government Code Section 911.3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa on May-7, 1993, has been reviewed by County Counsel and is being returned to you herewith because: _ — Your Your claim for an injury to person or personal property which arose on or before -, December 31, 1987 was not presented within 100 days after the event or occurrence as required by taw. (See Government Code sections 901 and 911.2) X Your claim for an injury to person or personal property which arose on°or after January 1, 1983 was not presented within six months of the event or occurrence as required by law. (See Government Code sections 901 and 911.2) ._., Your claim relating to a cause of action other than injury to person, personal Y property or growing crops was not presented within one year after the eventor occurrence as required by law. (See Government Code sections 901 and 911.2) Because the claire was not presented within the time allowed by law, no action was _ taken on the claire. Your only recourse at this time is to apply without delay for leave to present a late x:\GROUPS\Ttart'T\RISK-MGT\CLA,IKS\LXT'E\2rogere.wpd r C , l claim. (See Government Code sections 911.4 to 912.2 and 946.6) Under some circumstances leave to presenta late claim will be granted. (See Government Code section 911.6) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By• Deputy Clerk Dated: ' Enclosure Affidavit of Mailing I declare under penalty of perjury that l 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 Postai Service in Martinez, California, postage fully prepaid, a copy of the above Notice to Claimant(of Late Submitted Claim), addressed to the claimant'as shown above. Date: By Phil Batchelor b .., , Y Deputy Clerk Zlep, { 8:\4ROM\TORT\RISK-MGT\CWMS\LhTE\2zogers.wpt9 i • 1 c � � B.►l.a t 9 N r , r � e a . 40- P, 1 a • d yg t a i 1prdm W, Alw � � ♦ � . � s � • � iii�► !` 1Si a d �l 7A Z C C.,WkA -!"#�O,M,*_ ... lot VMS P.ft"%g�j a 14GA ". AV MOAA } �. a 4<. 4 � ,, mo'tl �� WMNWMNwmb 10 ANc 0. CLA It lb H nPn �. Fri., cicc.n -c le lk 1�1 o �.Q1n� ' . ......... d � �, � �. . v � r ' ,, a ,'fir ♦ . r � � AL N 4 AMM , « 1st * ► � ,� i ! ' f 1 s t I P • r S � F \{ s ° m • .rte � - r w go � tAll + t imp Via s AD r t '# i 45 �7 �11 C '_ . � ,�t�r,, fir., �l�f�► ��"� �:�,��"�"Ii� l:: 0 —01111111 9142 1� « enomble Berbera Zunfad popitrit�� t Sweet Couft'a 2 mrd att .#z;CA► 84553 OW Jud 7uruc. 14�1#*t-Kpgen underweritt Inguinal hemia repair can 11112$/97 st ' fl ;za prylasteo 40ven M; : o mit ► r ,, A s , 4 M, He w 01SC114rae 01 hoer, . . hovireve.r. masOve cubitus #liters Ovor hl$ 14!! • rrc Ort ern 10.0 ,ur gar eYi3U pn i o :.: n tur + 'tnit rrnetitin is ne+Nrd+ d regar�flrrg'Mr. Ftt er's t dt i1 ... . �e h- T, 16fiam.". Johnsom, Jr., M.D. - e 46 +� r r CA Zoolr r� ¢> 14�1y-lu-�4- OVA ON To �awft a , sr+croa�. . ,rl.#s3' !Si'a z`w't33ir?I r R B.FZM.riTA el ` ;rt'o�rabje' ftr}S&ra °Munigtn pir#cir' Court Department 2 "art ifie a, CA 94553' .1t,g Case. No. C-97-09125 The. xonQrabl+e Barbara' Munlga; . Michael Rogers asked that. x Convey information to yoti reger4i.ng the above Case and his tardiness in filing oppositionl' papers . I am Rrovidina Such intormAWon an, inten ionQ n ren e u on clue r c 09.0 - g�ica VeVe of ,orae at from May 12j. .1988. t:n somatist In 1994 ,' Subsequtnt to this latter date, beto,. i n toophone and corretp2ndencs con aAs juh omor u' n r a� ;ua an re en S o8� c:e eTi 4` iii illi w at s- ettio --I rets n ` #irl% informed on W14 on nolo qer am Mr. Rogers ' psychotherapist and do not receive any renumeration from h1m. After twenty yearso!f private ' clinical and consulting practice, I obtained amployaerit,with r the California Department of Corrections in 1990 and culrzdntil", hold a ositlon of supervi2inj Payhologist, Deu4I�V catIonaV .- contIbue to do c " psycnQ1091-st with one Police 'Department. bI "- a C. He has : long history a mentaltan osteo onIk pro '1410e. 'Symptomatology includes Depression, and p�►tr noid � 4 atiC►n ' The death of his moth r in $opt* er .19' 6 txaeorba d' 'Mr. Rogers me , --*421z ion OF e rooV Jan i8 frCm ply�hixtr t �r8 ii far ! activli 9 e' Ina. I'trei + ati►at i ' yi ii$ iMrt; �r } 'tici !'4 t i Within the context of V, . Rogers' overall medical paeych4lOg cal and his '20030-economic circumstances* ,_!.t Ss. ats�►s��gl ' to' se-that he remains as interactive and fcnctionarl ht, Che ' Gema time, l' could understand everything not ,,goinq_like` ., clook' work for him , Meeting deadlines, and so an. its:. r►ot:s" 4t• wart im .ec3im rnt memeLfrn+rs os do al he acna az » s wva t+rou ajh say e ? wi i e to m v a i>Ze as a has ZS t ! iSt -11 -filing his 0220aftion pag ..arsr f�. r J' ease C-97-03126 y tSons atoted in this 1ottor wou, 9 "- 11Y.11 Rd4h IOAV IAWd 4PbrOChta Ph —D# �10 10 t12i.,ioltsx steer �� ��gg or yr USN 14.4 . ;�;`-'S`►'uC��o� Loves VA 0!4il # . kc4 MS_ _ v t Ci T"o ry 12 r2� 0 is Al cI ` !S!,�1 "{t ' "�+�'► K! ! ,►r4 tR` Gr t+'c 1l fit " ., ' iso L cit*4� M Ao / t'o G G� -0 of �+i OAT c V lmmmowxmmwwm- ----,*P-WAANINM -I did, rog o ex id i�#a ► /Z. y'c v CZv S . 4 62.E v .ti/ •mow CMUMM A". All (800) ter► -2A } „ , , r STANFORD HEALTH SERVICES -8 SUROICAL SPECIALTIES 77 Deft: 1 t Oi�tCB procedure, hssjbepet sc eduWd with E . ' + 6n day el'µ iD Witt! r t dati to Me`Aftlt)ipstory I t1`+taltl'i end Uhft of riNCriIty ospital t sY Y. The Standford Hospital Patient Admissions Office will call you prior to your admission in order "f to complete your registration. As a service to you, we Will verify,your insurance benefits,and obtain any necessary insurance ; authorizations prior tea your surgery, You will be responsible for any portion of our service which are not covered by your insurance plan,and/or for services which may not be discounted by prior moment between SHS'and your third party payer.'Some health insurance plans require a second surgical opinion before authorizing curtain procedures. Your benefits may be reduced by your insurer if prior authorization or certification has not been obtained before your surgery takes place. We adv"ie you to check with your insurance carrier,or your employee benefits office,to answer questions about your coverage,and to determine what portiere you with be required to pay, If you have any questions`regarding your operation,or your pre-operative admission,pie feel �. five to contact me at X215-725-5516;lei-F,8:30arn• 5.00pm. r tFyFy` N �* R, 3 00' *Drive,BosweU A•160 . Stanford,California 94305 " A15}7,2.3.5461 FAX.(415)723-8378 CLAIM BOARD OF SUP.ERYEO OF CQNT`RA COSTA COUT, Ys CALIFORNIA 'OR_f IA BOARD AC`f1 -Sept 1, 1998 Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, l NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. I notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913and 915.4. Please note all "Warnings AMOUNT: $250,000 1 {! CLAIMANT: James A. Scott 17INF_Z CALIIF. ATTORNEY: DATE RECEIVED: ADDRESS: , 1342 Maryland Drive BY DELIVERY TO CLERK ON: July 27, 1998 Concord CA 94521 BY MAIL POSTMARKED: L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR,,&NerkZir c Dated: July 29, 1998 By: Deputy H FRONL County Counsel' TO Clerk of the Board of Supervise s 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: d Dated: By: Deputy County Counsel M. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 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'enter in its minutes for this date. Dated:.- �n `# y ,�-' -.. ruty Clerk � � PIAL BATCHELOR Clerk B WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months..from the date this notice was personally served or deposited in the mail to file a court action on this claim.` See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFMAVIT'OF MAHX+4G 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 ressed to the claimant as shown above. Dated: `� ' By:"PHIL BATCHELOR B Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COY I21Si'RUg ONS TO CLAD= A. Claims relating to causes ofaction for death or for injury to person ar to per- sonal property or growing crops and which accrue on or before December 31, 1987, roust be presentednot later than the 107th clay after the accrual of the cause of action.' Claims relating to causes of.aotion for Aleath or for injpry to person or to personal property or grnwing wops and which a=,%* on or after January 1, 1988, must be presented not later than'six months after the accrual of the cause of action. Claims relating to ;sny other cause of action must be presented not later than me year after the were of the cause of action. (Govt. Cade §911.2.) B. Claims wast, be fixed with the Aeric of the Board of Supervisors at its off ioe in Room 106, County Actministratioh Building, 651 Pine Street, Fortinez, 94553. C. If claim is against a district7governed by theBurd of,Supervisors, rather°than the County, the name of the District should be filled in. D. If the claim is against wore than one public entity, separate claims must be filed against each public entity,' E: Fraud. See penalty for fraudulent claims, Fenal. Cod€: Sec. 72 at the end of this form. BE: Claim By ) Reserved f erkIs Ting FEEVE Against the 'County of Contra Wsta JUL 27 P993 or ) f' District) tK BOAFt3 of SIJPERVISC3F? ~� t» i'C CC3�A ColA Cf?. The undersigned claimant hereby makes claim Inst the County of Contra Costa or the above-named ]district in the sura of 001 and in support of this claim'represents'-as follows: 1. Where did the damage or,inury occur? (Give exact date and hour) 2. "Where did the damage or injury occur? (Include city and county) c C� � C40 3. Haw did the damage or injury occur? (Give full details, use extra paper if required) r►,t aC e c e ti t rad crit. . t partictriar act o os iesion the p of o=ty or district officers, A ervants ar . mployees caused.the,injury or damage? �* } cU - 'mos ro n c .0, 1 c(IV ts►CT r'3 CwtqNrw (over) Wnat are the names of county or district officers, servants or employees causing. the damage or injury? C , CbU r4- 5.. What damage or injuries do you claim resulted? (Give full extent of injuries or damages 'claimed. Attach two estimates for auto damage. t c� LIt 00ear'r�I Cc po'. Irlij A 7. How was the amount claimed abovecomputed? (Include the estimated amount of any prospective injury or damage. 4.. T,,&z Names and addresses of witnesses, doctors and hospitals. ff��e,5�-�.'k � zT +l 1 c.. �s4ri j li t #- i 1'e-co id 5 R 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT *a �- VO t - wry lL vd Gov. Code Sec, '91M provldes e claim mint be signed by the claimant SEND I3t3TICES 2O: ; (Att©rne ) some.person his_k!2h :f." Name and Address ofAttorney y claimant's Signature X32 ,,, lard A es _qs Telephone . C�► ,�`� -� 'z, Telephone uo, N0110E 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 beard or officer, authorized to allow or 'pay the same if ,genune, any false or fraudulent claim, bill, account, voucher, or writing,; is-punishable either by imprisornt in the county jail-for a period of;not more .than carte year, by a fine o not '+�ktiding one thousand ($l,t00)-, or ,py both st h:Amp sc+nr nt and fine;' ar'by imprisonment in the state prison, by'a fine of not exceeding ten thousand.dollars ($10,000, or by. both such imprisonment and fine. MUNICIPAL COURT,COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA tt:t. I'•'tl! CR1,.::1 f l)Af-!,.'I. I.I; JtJI)7:l:t 4t. 111 'a I RIC �' .;t? BOX ::;'j.2 3- UA].I' IFf (."R .:f�#. . C.�t 4�?`� NOTICE,SENTENCE,COMMITMENT FORM CLERK'S DOCKEI AND MINUTES d DOCKET No. 6 5 41.7 9 EJ'-41 DE DENT(NAME) ;C,011 ..JAMES ANDRE(,! DEPT. 004 DATE 07/23/1998 TIME 14 !00 ROC {; i>„ BAIL 0 POSTED BY DEFENSE ATTORNEY TIME NfliT WAIVED I I PROCEEDINGS / 1 MINUTESCERTIFI D CORREG"':I JUDGE.t.ly 11 , ;SC;NI"t101 COURT REPORTER DEPUTYA(3tJIl..AR/AVTt._EZ APPLICABLE ENTRIES APPLY :C'f' t77 (!^-;1 IC71' C9 DATE C}°+. I.Ei/ I APPEARANCE/ARRAIGNM€NT/WAIVER/PLEA DEFENDANT: PRESENT ❑NOT PRESENT AME IS)C O T T .JAMES AJifDRE.U ❑ APPEARS WITH/ Y ATTORNEY/PARENT: I)DP 13.42 MARYLAND AND DR ❑ ANSWERS TR NAME CONCORD CA 945521 D IS DULY ARRAIGNED ❑ INTERPRETER SWORN/PRESENT ;313 03/01/63 D PV J..I C C 1 3 22 0 i CA E':X W PLEADS: ❑' GUILTY CT 0 0 NO CONTEST I'. TC 1:MRAG'74 CA YR 19X31. MAKE C`NI:.V ❑ NOT GUILTY CT r FflUNOGUILTYCT� Int JI" 7 jI ❑ TIME FO TRIAL WAIVED/NOT wAN D ❑ TIME FOR SENTENCE WAIVED t NOT WAIVED ❑ TRA FER FO T TOO CTIO r 11I��I...A'3"r£3NS­ PA PRS' BAIL orsp ❑ D 3t0 RV D.❑ ENSE U E D SPEAkERS /1. N /RIIFE y E CH WA R ERS DATE I -ff—ORDER 4Z INTERPRETER E UB PROB. F. DI J V PROS ENC�1 WARRANT TO ISS (L$ ❑ SET ASIDE'.n Y APPS C H BAIL 13Nb i HOLD UNTIL NO VOL APP ❑ NO&E RELEASE. ❑ AA NT RECALLED ❑ VACATE DATE.t F CJ I?:(fi1lt;} I'3SS S�S(`1.J:N t r;�> ❑�alt>&a�'- % .f f �_t�� - .���� � �� ,rte r tN!AL 'f flSS Vii; F!') 68 , 00 1 f -IFR FEES 1.: . 00 � � BAIL �ASQ BAIL FORFEITED AND ❑NO FURTHER A C91S L S TA L I3t�:L!.. I, 1. '! : f;S r,'e q BAIL EXONERATED �' C f ❑ EXCESS BAIL APPLIED TO/FROM SIM . + fti t•I t7 T ❑ WAIVER OF DEPOSITOR TO BE FILED BY �t A f f 00 MI t T I+I tj'f/J E # [I is j;I I 0 I'J t. ❑ BAIL FORFEITURE SET ASIDE AND REINSTATED Q PAY$ ASSMT -J I" OFF(,f? P I.)I'i I)«f..i{ ❑ BAIL DISPO,DATE VACATED BY ❑ SUMMARY JUDGMENT TO BE ENTERED ❑OTHER DISPOSITION FINE/PROGRAMS 94 ❑ PAY FEES/FINES AND/OR $ OR(CT.N 'QNviPL Y,OR/1PP6AR ON $ OR(CT* 4 / OR(CT* $ OR(OT.# $ OR(CT# ❑ PARTIAL PAYMENT ORDERED TOTAL V [ J+$24 TRAP.SCHOOL FEE MONTHLY PAYMENTS OF$ BEGINNING UNTIL PAID IN FULL Q ACCT RECEIVABLE FEE ASSESSED ❑$15 ❑$30 ❑$35 ❑WANED JAIL/REMANDING ORDERS 0 ATTEND TRAFFIC SCHOOL/CT/# COMP EY CI SEE FINE SECTION FOR FINE QR JAIL ORDER' ❑ ISSED ON COMPLETION ❑ PROgF& ❑�EL TEb SERVE DAYS/HOURS DAYS/HRS SUSP f CREDIT FO TIME SE D '(J �HRS AS ASSIGNED BY / I HRS COMP. Q CONCURRENT/CONSECUTIVE WITH / -.9"PAY FEE AND REGISTER AT CLERK'S OFFICE IMMEDIATELY ❑FEE WAIVED ID SENTENCE TO COMMENCE AT MAIN JAIL 0 WORK ALTERNATIVE PROD: Q❑ JUDGMENT]FINE SUSPENDED IN LIEU OF FINE CI REMANDED TO CUSTODY OF SHERIFF BAIL S / d DISMISSED/FOUND NOT GUILTY ❑ DEFENDANT ORDERED RELEASED ❑ ON OWN RECOGNIZANCE "l ❑ PROOF OF CORRECTION COUNT($) DUE BY 11 OTHER 13 ON PROMISE TO APPEAR 13PROOF FEE ASSESSED Oslo ❑ 11WAIVED DRIVER'S LICENSE ORDER THEN ❑ JUDGMENT SUSP. Q DISMISSED ❑PROOF OF JUNKING]SALE ACCEPT. ❑ DRIVER'S LICENSE ❑ SUSPENDED ❑ RESTRICTED DEF.PLACED ON CT.PROS. MO. Q REFER TO CCU FOR PAYMENTS. ❑ SURRENDERED TO COURT DAYS l MONT Is Q Pay$ COURT COSTS ❑ MAY DRIVE Q TO AND FROM WORK ❑ TO AND FROM SCHOOL 13 NOTIFY DEF. Q TO AND FROM PROG, 13 OTHER DRIVER'S LICENSE HOLD TO REMAIN UNTIL SENTENCE SATISFIED (SEE REVERSE FOR INSTRUCTIONS) (Penal Code,Section 1213);1 hereby certify that the following is a true copy of the entry of Judgment or Order and is your MISCELLMEOUS authority for the execution thereof. AMORS 4-5004 REV.1/95 DATED: (JUDGE OF THE MUNI lPAL COURT) CLAIM C-21 BOARD OF SUPERVISORS OF CONMA COSTA COUNTL CALMDMIA_ BOARD ACTIN Sept 1 1998 Claim Against the County, or District Governed by 1 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 Maim by the RiEZ111twMM) Board of Supervisors. (Paragraph IV below), given pursuant to Government Com Section 913 and AUG b _ 1998 915.4. Please note all `Warnings". AMOUNT: unknown COUNTY COUNSEL. MIAII"r#NEZ CAUR CLAIMANT: Ruben & Guadalupe Salinas ATTORNEY: DATE;RECEIVED:' ADDRESS: 2813 Poe Lane BY DELIVERY TO CLERK ON; July 30, 1998 Brentwood CA 94513 BY MAIL POSTMARKED: L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR,V erk Dated: Aug 3, 1998 By: Deputy 2 IL FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ) This claire FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: _By: ' Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911,3). IV. BOARD ORDER: By unanimous vote of the Supervisors present; This Claim is rejected in full. Other: I certify that this is a true and correct copy of the Board's Order ent ed in its m' utes for this date. Dated:. : �. r PHIL BATCHELOR, Clerk; By --f ;, p ty Clerk WARNING (Gov. code'section 913) Subject to certain exceptions, you have only six (6) inonths 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 NIAILING 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 the claimant as shown above. . a Dated:,--k By PHIL BATCHELOR BG 2 Depdiy Clerk ley CC: County Counsel County Administrator VICTOR J.WESTMAN DEPUTIES: couNTv COUNSELCONTRA COSTA:COUNTY PHILIP S.ALTHOFF OFFICE OF THE COUNTY COUNSEL 5 AIRONL.ANDERSON ANDREA W.CASSIDY ARTHUR W.WALENTA,JR. COUNTY ADMINISTRA110NBUILDlNL VICKIE L.DAWES ASSISTANT COUNTY COUNSEL 651 PINE ST I4EET,<#h�LO0R MARKS S.ESTIS MICHAEL D.fARR MARTINEZ,CALIEC3RkIA 94653-1229 LILLIANT FUJII RAVES SILVANO B.'MARCHESI GREGONISRY YC.HARV GREGORY C.HARVEY ASSISTANT COUNTY COUNSEL JANET L.HOLMES KEVIN T KERR GAYLE MUGGLI BERNARD L.KNAPP EDWARD V.LANE, OFFICE MANAGER M RYANN'M SONR PAUL R.MUNIZ PHONE(925)335-1800 PHILIP J.NORGAARD VALERIE J.RANCHE FAX{925}646-1078 DAVID F.SCHMIDT DIANA J.SILVER BARBARA N.SUTLIFFE JACQUELINE Y.WOODS NOTICE OF INSUFFICIENCY LOR NON-ACCEPTANCE OF CLAIM TO: Ruben&Guadalupe Salinas 2813 Poe Lane Brentwood, CA 94513 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: [ 11. 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 1 [ } 6. The claim is not signed by the claimant or by some'person:on his behalf. [xx ] 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 B �V&m y� � Deputy County Counsel CERTIFICATE-OF ERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664) I declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,:Martinez,California 94553;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: August 6, 1998,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920:4,910.8) Page 2 21 2813NPOE SLANEAs RECEIVE' BRENTWOOD, CA 94513 (510)625-9629 L 3 0 1998 February 16, 1998 Management, Liability Claims Section County Of Contra Costa 651 Pine Street Martinez, CA 94556 rr NOTICE OF INTENDED TO FILE CLAIM FOR DAMAGES This correspondence constitutes our formal notice of intent to a claim, and sueif necessary, for property damages as well as utility damages at 2813 Poe Lane Brentwood CA 94513,• which is situated on APK# 020-19th-037-0. This claim is for water damages. I'm making this claim for damages resulting from the inadequate distribution of water. Due to this the collection of water on my property has caused 'damage to the septic tank sewer system. The street and driveway to our house is '.flooded and this has caused damages% to our cars. We have faced extreme inconveniences' trying` to get through the water to go to work, delivering our children to school, and normal operation of our daily life. We have had much damages to the cars I insist that the County cease and desist diverting the water onto my property. I expect the County to act in good 'faith, mitigate damages caused and offer; fair compensation for hardship, pain and suffering for the damages which has been inflicted on me and my family. This claim is made by Ruben A Salinas and Guadalupe M. Salinas, hereinafter' referred to as "Claimant." Sincerely yours, Ruben A. SalJi4 Guadalupe M. Sal as 2813 Poe Lane Brentwood, CA 94513 TO BE HAND-DELIVERED BY MARSHA HOYT 0.2`x' VIRGINIA GUIDER 2958 Poe Lane Brentwood,CA 94513 February 15,1998 Risk Management,Liability Claims Section County of Contra Costa 651 Pine Street Martinez,CA 945561 (hand`'delivered) NOTICE OF INTENT TO FILE CLAIM FOR DAMAGES 1. This correspondence shall constitute our formal notice of intent to claim,and eventually sue if necessary,for damages to the property and structures at 2958 Poe Lane,Brentwood,CA 94513,which are situated on APN 020-190-056-0. This clam is for water damages 2. This claim is made by'Virginia Guider,Carl Sund,and Christopher Guider,hereinafter referred to as "Claimants." 3. This claim is made against the County;of Contra Costa, its employees,contractors and agents, hereinafter collectively referred to as"County.*' 4. This claim is based on the willful,negligent and unlawful collection,diversion,conveyance and retentionof water collected from East Contra Costa Irrigation District(ECOID)facilities and other sources including the Eden Plains Road culvert,which inundated multiple properties in the"triangle' of parcels located northeast of the Santa Fe railroad tracks,south of Delta Rd.and west of Byron Highway. 5. This claim is made for damages resulting from the collection,diversion,inadequate distribution and ultimate retention of water through County facilities which was collected and diverted from ECOID facilities and other intentional man-made conveyances and diversions. 'Ibis is not a claim for storm runoff damages.' 6. The specifics of"this claim are substantiated by eyewitness accounts,still photographs,aerial photographs and videotape which clearly demonstrate the volume,rate of discharge and path of water flawing to the impacted properties via County owned and maintained conveyances. 7. The County failed to act in a responsible manner to prevent or mitigate this flooding which occurred repeatedly over several days. 8. The resulting diversion and retention of water caused flooding to our property,which resulted in damages being sustained to that property. 9. The items damaged include: garage and contents,vehicles,well,septic system,driveway,private roadways,trailers,lumber,foundation,and landscaping, 10. The actual costs of such damages cannot be determined until such time that the water recedes and inspections can be made. it. Claimants additionally claim damages for loss of use of Claimants'property,declined property values, hardship,'pain and suffering,and Claimants may seek punitive and exemplary damages if such damages are appropriate. 12. Claimants demand that the County cease and desist diverting water onto Claimants'property. 13. Claimants demand that the County seek immediate injunctive relief against those parties responsible for said damages if not the County. 14. Claimants expect the County to act in good faith,mitigate damages caused and offer fair compensation' for hardship,pain and suffering and for the other damages which it has inflicted. is Gider er ,Guideru 29 Poe Lane 2958 Poe Lane 2958 Poe Lane Brentwood,CA 94513 Brentwood,CA 94513 Brentwood,CA 9451 w. CLAIM '` BOARD QE SUPERVTSpf S -O 7R COSIA`A 00UN'I'Y_, CA ,TF RNIA BOARD ACTIN Sept 1, 1998 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below) given pursuant to Government Code Section 913 and j 1I l � 19 915.4. Please-note all "Warnings' � AMOUNT: exceeds $25,000 COU"NEZ CLAIMANT: Joaquim W. Silveira ATTORNEY: Robert W. Shapiro, Esq, DATE RECEIVED: Robert R. Neller, Esp. ADDRESS: Shapiro Buchman LLP BY DELIVERY TO CLERK ON: 1331 N. California Blvd., Ste 320 Walnut Creek CA :94596 BY MAIL POSTMARKED: July 16, 1998 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attachedis a copy of the above-noted claim. PHIL BATCHELOR, rk Dated: July 20, 1998 By: Deputy H. FRONL County Counsel TO: Clerk of the Board of Supervis s ( ) 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 410.8). ( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other; Dated: By: Deputy County Counsel IM 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 ent d' in itsginutes for this date.' Dated; ,.eel ';�: PHIL BATCHELOR, Clerk, By 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. 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'Odressed to the claimant as shown above. Dated:,, By: PHIL BATCHELOR B Ty Clerk CC: County Counsel County Administrator C.2'7 VICTOR J.WESTMAN (!(� DEPUTIES: COUNTY COUNSEL C CONTRA COSTA COUNTY PHILIP S.ALTHOFF OFFICE OFTHE COUN COUNSEL SHARON L.ANDERSON ARTHUR W.WALENTA,JR. ANDREA W.'CASSIDY COUNTY ADMINISTRATION BUILDING VICKI E L.DAWES ASSISTANT COUNTY COUNSEL 6$1 PINE STRE, 8T,9th MARKE S.EST1S MICHAEL D.FARR MARTINEZ,CALIFORNIA:94553-1229 LILLIAN T.FUJII SILVANO B.MARGFfESI DENNIS C.GRAVES ASSISTANT COUNTY COUNSEL GREGORY C.HARVEY JANET L.HOLMES KEVIN T.KERR GAYLE MUGGLI BERNARD L.KNAPP OFFICE MANAGER EDWARD V LANE,JR. MARY ANNMASON PAUL R.MUNIZ PHONE(925)335-1800 PHILIP J.NORGAARD FAX(925)646-1078 VALERIE J.RANCHE DAVID F.SCHMIDT DIANA J.SILVER BARBARA N.SUTLIFFE JACQUELINE Y.WOODS NOTICE OF INSUFFICIENCY ANND/O NON.-ACCEPTANCE OF CLAIM TO: Robert W. Shapiro, Esq. Robert R. Neuer, Esq. Shapiro Buchman LLP 1331 N. California Blvd., Ste 320 Walnut Creek, CA 94596 RE: CLAIM OF: Joaquim W. Silveira 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: [ 0. 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. ** If specific date is unknown,provide any information regarding date. [ ]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, Page 1 damage or loss so far as known,or thebasisof computation of the amount claimed. If the amount claimed exceeds ten thousand dollars($10,000),the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6. The claim is not signed by the claimant or by some person on his behalf. [XX] 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: Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664) I declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: July 23, 1998,at Martinez,California. i flCx_ �, a('moi cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 c.21 Sh a p i ru Buchman LLP Robert W. Shapiro, P.C. Conference Centers Robert A. Buchman, P.C. 44 Montgomery street Debra E. Keller Nineteenth Floor Attorneys at Law David S.Wallace San Francisco,CA 94104 Ann Marie De Die 16255 venture Blvd. J. Erick Dimalanta suite Boa Robert R. Neller �.cinQ ca: Eric A. Newsom Christine L. Chase July 16, 1998 Donald S. Honigman �, 201998 Basil J. Boutris Peter H. Dekker P.C. Of Counsel CERTIFIED MAIL RETURN RECEIPT REQUESTED Clerk, Board of Supervisors County Administration Building Room 106 6S1 Pine Street Martinez, CA 94553 Re : Claim, of Joaquim W. Silveira Our File No. 1016-0157 Dear Clerk: Enclosed please find the original Claim Form of Joaquim W. Silveira. Very truly yours, SHAPIRO BUCHMAN LLP Kathleen M. Ross Secretary to Robert R. Neller encl . 1331 North California Boulevard, Suite 320, Walnut Creek, CA 94596 Telephone (925)988-4988 Facsimile (925)988-4986 94213.1 e-mailaddress: info@sbllp.com Claim U t boMW 07 SVPXRV!S0i C* ddW kA COSTA CCWTY "Notguorldws to clal-Un C.21 A. Claims relating to causes of action for death or for injury to person or to personal property or growing;; drops and which accrue on_or before December 31, 19871, must be presented not, later than the .100th day after the accrual of the cause of action. Claims relating ;to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after'January 1, 199e, must be presentednot later than sir months' after the accrual of the cause of action. I Claims relating to any other cause of action must be presented not later than on* year after the accrual of the cause of action. (Gov't Code 911.2.). B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Roam 106, County Administration building, 651 Pine Street, Martinez, Ch 94553. C. 3f 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. 3f the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud, arae penalty for fraudulent claims, Penal Code pec `72 at the and of this form. RE: Claim By Reserved for Clerk's filing stamp JOAQUIM.W. SILUEIRA, an individual ) Against the County of Contra Costa) or ) District} (Fill in name) j The undersigned claimant hereby makes claim against the County of Contra Costa ' or the above-named District in the sum of $excess of $25,000 and in support of this claim represents as follows: I. When did the damage or injury occur? ('Give exact dateair d hour) Specific date; unknown 2. Where did the damage or injury occur? ('Include city and county) 82 Zander Drive and 58 Zander Court, Orinda, Contra Costa County, 3. Now did the damage' or injury occur?' (Give full details; use extra paper'.' if required)" See attached 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Negligent evaluation, design, construction and maintenance of subterranean drains and retaining wall; tortious diversion of surface water, inverse condemnation and yet to be determined conduct affecting hillside of which claimant's properties are a part. (over), . What are the names' of county or district officers, servants or employees causing the damage or injury? Unknown 6. W, at damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) See attached 7. Howwas the amount claimed abovecomputed? (Include the estimated amount of 'any prospective injury or damage.) Specific amount undetermined a. Names and addressee of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury. AMOUNT Undetermined at this time )' Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his Name' and Address of Attorney ) Robert W. Shapiro, Esq. /IX) Fa Robert R. Neller, Esq. ) (Clams t s6 &ignaiure) SHAPIRO IBUCWN LLQ ) 1331' N. California Blvd. , Suite 320 )' SHAPIRO BUCHMAN LLP Walnut Creek, CA 94596 ) (Address) 1331 N. California Blvd. , Suite 320 Walnut Creek, CA 94596 Telephone No (925) 988-4988 ) Telephone No. (925) 988-4988 #### ### lrotot###i#i# ##1##to, ' NOTICE Section '72 of the Penal Cade 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, byy a fine of not exceeding one thousand', ($1,000) , or by bath such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand' dollars ($lo;,000, or by both such imprisonment and fine. 33.. Haw did the damage or injury occur? A 'major slide recently occurred which caused , sett-lements and lateral movements over an area extending from the west 'sideof Zander Drive, to the west past Zander Court and Calvin Court and to the end of 'Calvin Drive. The slide area is roughly 400 feet wide and 1000 feet Tong. 6 . What damage or injuries do you claim resulted? 58 Zander Court - This property is improved by a residence, 90% of which is located on top. of the global slide mass. The north wing was held in its original location by .:only approximately 10% of its foundation ' which is on stable ground. The property has been condemned by the county, is uninhabitable and is' a complete loss requiring further extensive local soil stabilization prior to reconstruction of the residence: 82 Zander Drive - This is unimproved real 'property, all of which is located on 'top of the global slide mass The 'property has receded in excess of twenty feet below the Zander Drive street level . The street' is stabilized by 'a retaining wall separating the street from claimant' s property. The property is inaccessible, unbuildable 'and without significant value absent extensive soil stabilization prior to construction on the property. 93947.9 7` b b N 133 C7 ?� Ujo W� F' O � K c't �t K S t 4 CLAIM .� r BOARD OF SUPERmags a CC NmA COSTA CClu1ti1�T , cATw{mm B= ACH Sept 1, 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 1 notice of the``action taken on your claim by the Board of Supervisors. (Paragraph IV below), given QM) pursuant to Government Code Section 913 and 915.4. Please note all "Warnings AMOUNT: - AUG 1 CLAIMANT: David Anderson Williams ART YNEx 0AL FL ATTORNEY: DATE RECEIVED: ADDRESS: 5555 Giant Hwy BY DELIVERY TO CLERK ON Richmond CA 94806 BY MAIL POSTMARKED: 3 Aug 1998 L FROM: Clerk of the Board of Supervisors TO: County Counsel' Attached is a copy of the above-noted claim PHIL BATCHELOR, k Dated: Aug 1998 g y By: Deputy. H. FROM: County Counsel TO: Clerk of the Board of Supervisors (>(I 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 nati�lly filed. The Clerk should return claim on ground that it was Bled late and send warning of claimants right to apply for leave to present a late claim (Section 911.3). ) Other: Dated: Z�i By: Deputy County Counsel Ill. 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 en ed in its inutes for this date. Dated- k PHIL BATCHELOR, Clerk, By _ ep Ck__ - WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) monthsfrom 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 NIAILING 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' Posto Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, r.ssed to t e claimant as shown above. Dated: ' By: PHIL BATCHELOR phClerk CC: County Counsel County Administrator a a Tfte Board of Supervisors Phil 8lzflor Contra Cierk of the Board and County Administration Building ���� county Adwinistrator 651 Fine Street,Room 106 (510>ass ssa� Martinez,California M53-1293 County Jim Rogers,1 at District' Q&*13.Ulli mr,grid District f Dorene herbs,3rd District Mwk DeSsuGU r,4th District ' n � Joe Canctstmrm,5th District ti .. Ee sr��cotr� TO: David Anderson Williams 5555Giant..Hwy. Richmond, CA 94805 NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911.3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa on August 4, 1998, has been reviewed by County Counsel and is being returned to you 'herewith because: _ Your claim for an injury to person or personal property which arose on or before December 31, 1987 was not presented within 100 days after the event or occurrence as required by law. (See Government Code sections 901 and 911.2) X Your claim for an injury to person or personal property which arose on or after' January 1, 1988 was not presented'within six months of the event or occurrence as required by law. (See Government Code sections'901 and 911.2). The claim is untimely as to any state tort claims arising before February 4, 1998. _ Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrence as required by law. (See Government Code sections 901 and 911`:2) Because the claim was not presented within the time allowed by law, no action was taken on the claim: Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code sections 911.4 to 912.2 and 946:6) Under some H.;\GROUPS\TORT\RISX-MGT\CLAIMS\LATE\williams..wpd } circumstances leave to present a late claim will be granted. (See Government Code section 911.6) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. PHIL BATC ELOR, Clerk of the Board of Supervisors andCoun Administrator eputy Clerk Dated: w� d Enclosure Affidavit of Mailina 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 copy of the above Notice to Claimant (of Late Submitted Claim), addressed to the claimant as shown above. Date: By Phil Batchelor by Deputy Clerk H:\GROUPS\TORT\RISK-MGT\CLAIMS\LATE\williame.wpd c aia to BOM or 9117PZRVXSORS O! CONTRA COSTA COUNTY c--: 1xaTRUCTIOxs 22 CUUMM A. Claims relating to causes of action for death or for injury to parson } or to personal property or growing crops and which accrue on or before December 31, 198"7, est be presented not later than the -304th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal` property or growing crops and which accrue on or after January ,l, 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 aftor .the accrual of that causoe of action. (Govs't Code 911.2.); D. Claims must be filed with this Clerk of this Board ofSupervisor* at its Office in Roam 106, County Administration Building, 631 Pine Street, Kartinisz, Ca 94353. 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 ons public entity, separate claims must be filen against each public entity. E. Pragd, Sao penalty for fraudulent claims, Penal Code, Sec. 73 at the and of this form. RE: ` Claim By Re trued for Clerk's filing stamp Against the County of Contra Costa] or ` 1 District j AR0 OF SUPER n -A COSTA 0D. (Fill in' name) 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 dame a or injury occur? (Give axaet date and hoary { 3. the di the, damage or ink try occur? (,Include City and county) vvt 3. Now did the damage o in g j (dive full details; use extra per' if requred)` tC£ 't .:: 4. What articular act or omission ore the part of eo t r' district officers, servants or +employees Caused the injury or damage' (over) ;. What are the games of county or district officers, servants or • employees causing 'the 'damage or injury? MAO 6. what 'damage or injuries do you cl aim t+esult' ? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) - 7, now vas the amount claimed Uwe computed? (Include the estimated' amount of any prospective injury or damage.) IXAV e. Samaef and addresses ift witnesses, doctors a hospitals: 9. List the expenditures you 'wade on account of this accident or injury. A } Gov. Code Spec. 920.2 provides } "The claim ;must be signed by the cl want or by so e, person on his : Name and Address' of Attorney;, } W } (Claimant's Si nature) } j (Address) �,rx, 2L} Telephone No. } Telephone Na. MOTICE Section 72 of the 'penal Coda >>provides: Every person who, vith intent to defraud, ;presents: for allowance orfor payment to any stats board or officer, or to any county, city or district board or officer,` authorized to allow or pay the name 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 score than one year, by a fin* of not exceeding one thousand ( 2,000) , or by both such 'imprisonment and fins, or by imprisonment in the state prison, by a fine- of not :,exceeding ten thousand dollars ($IOoOOO, or by both: such imprisonment and fire. ;;aia to: Box= 07 i 17PIR `2soR6 a? CONTRA COSTA COMP �. 4 A. Claims gelating to causes of action for death or for injury to parson s or to personal property or growing crops and which accrue on or before December 31, 1987, Bust be presented not tater than the -100th day after the accrual of the cause of action. Claus relating to causes Of action for death or for injury to person or to personal property or growing crops and which #cern* on or after January 1,, 1988, must be presented not later than six months after the accrual of the cause Of action. Claims relating to any other cause of action must be pre anted tact later than one year after the accrual of the cause, of motion. Movot Code 91.1.2.j' s. Claims must bre filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration buitdinq, 991 Pine street, linea, CA 94353. C. If claim is against a district governed by the board of Supervisors, rather than the County, the tame 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. rraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the and :,of this form. RE: ` Claim By Rsservsd for Clerk"s filing stamp I LWASRECEIV4t V- 4 Against the County of Contra Costa) or Me or 7y 1.0 4 Zit, 95TBOARD Qrc7:UPW4aws"it S 11 (Fill in name) i CONCONffM COSTA' The undersigned claimant hereby makes claim against the County, of Contra Costa or the above gamed District in the sum of and in support of this claim represents as follows 1. when did the damage or injury occur? (Give exact data and hour) '14 7 Ite se 2. Where` did 'the dam 'ge or injuiy occur? (Include City and "county) 3. Now did the damage or inj occur?' (Sive full details; use extra Paper? if required)' 4. Sha Particular act or oaission on the part CAf county or` dis " ict of icerx servants or employees caused 4�rsl� wa the njury oz dam qe�' a 1. What are the names of county or district officers, servants or *mployaes' causing the 'damage or injury? b. What damageor injuriqla do #ou claim resulted? {Give full extent of injuries or damages claimed'. Attach;,two ''estimates for auto damage. tit 7. Now was the amount Claimed &Aove computed? (Include *at ited' amount of any prospective injury or damage.;) NM ..: S. lames and addresses of witnesses, doctors and hospitals Rio A- 9. List 'the ',expenditures you made' on account of this accident or injury. AMutar , ##!####�#######iR#+f##''i###'liii#t###�ltt#t�!'#i##'#ilr##�!##�#t#####t'##tt#%###it• Gov. Cade Sec. 910.2 provides } "The claim must' be signed by the cl nt or Py some person on his Name and Address of Attorney 4 a } (Claimant's Signature) 3 (Address) 7~elephone No. Telephone No. {, Section 72 of the penal Code provides Z'vsry parson vbo, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any ccunty, 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, a fine of not exceeding one thousand ($l,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. MMS rr�r "sorts, t CLAIM BOARD OF SUPIRMORS OF-CONTRA—COSTA CM CAUEOMIA, BOARD AC1I Sept 1 1998 Claim Against the County, or District Governed by 1 the Board of Supervisors, Routing Endorsements, 1 NOTICE TO CLAIMANT and Board Action. All Section references are to l The copy of this document mailed to you is your California Government Codes. IIs, notice of the action taken on your claim by the IEC 41TM) Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and J D L 3 1 1998 915.4. Please note all "Warnings". COUNTY COUNSEL AMOUNT: unknown MARTINEZ CALIF. CLAIMANT: Gary P. and Meridith J Walker ATTORNEY: DATE RECEIVED ADDRESS: 3319 Delta Road BY DELIVERY TO CLERK ON: July 30, 1998 Brentwood CA 94513 BY MAIL POSTMARKED: L FROM: Clerk of the Board of Supervisors TO: County Counsel Attachedis a copy of the above-noted claim.' PHIL BATCHELOR, erk: Dated: July 31, 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: I7ated:� 7��, � _ By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County'Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3):` IV. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. Other: I certify that this is a true and correct copy of the Board's`Order ent d in its minutes for this date. F�� Dated: x `�� PHIL BATCHELOR, Clerk, By �~ �4 ..,-_<ii)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. A'E'MAVIT':OF MAU,ING I declare under penalty of perjury'that I am now, and at all tithes herein"mentioned, have been a citizen of the United States, over age 18; and that today I deposited' in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed-to t e claimant as shown above. Dated: :..0 :./ By: PHIL BATCHELOR B duty Clerk CC: County Counsel County Administrator VICTOR 1WESTMAN /^� 1 'n, DEPUTIES: COUNTY COUNSEL CONTRA COSTA COUNTY PHILIP S.ALTHOFF OFFICE OF THE.COUNTY COUNSEL SHA ON L.ANDERSON ANDREA W.CASSIDY ARTHUR W.WAL.ENTA,JR. (6UtdTYADMINISTRATION BUILDING VICKIE L.DAWES MARKE S.ESTIS ASSISTANT COUNTY COUNSEL 651 PINE STREET,9th FLOOR MICHAEL D.FARR MARTINEZ,CALIFORNIA 94653.1229 LILLIAN T.FUJII SILVANO B.MARCHESI DENNIS c.GRAVES GREASSISTANT COUNTY COUNSEL JANET L. HOL ESVEY KEVIN T.KERR GAYLE MUGGLI BERNARD L.KNAPP OFFICE MANAGER EDWARD V.LANE,JR. MARY ANN MASON PAUL R.MUNIZ PHONE(925)335-1800 PHILIP J.NORGAARD VALERIE J. FAX(925)646-1078 DAVID F SCHM DTE DIANA J.SILVER BARBARA N.SUTLIFFE JACQUELINE Y.WOODS NOTICE OF INSUFFICIENCY ANDR NON-ACCEPTANCE OF CLAIM TO: Gary P. and Meridith J. Walker 3319 Delta Road Brentwood, CA 94513 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: [ ] L 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. [X] 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 amountclaimed exceeds ten thousand dollars($10,000),the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. Page 1 [ ] 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: Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012,1013a,2015.5;Evidence Code§§641,664) I declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;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: August 3, 1998,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 February 16, 1997 Gary P. and Meridith J. Walker 3319 Delta Road ffRECEIVED Brentwood, CA 94513 1998 CLERK BOARD Ot SUPEfiviSCRS Risk Management,Liability Claims Section County of Centra Costa 651 Pine Street Martinez,CA 44556 "Hand Delivered" "NOTICE OF INTENT TO FILE CLAIM FOR DAMAGES" This correspondence shall constitute our formal notice of intent to claim,and eventually sue if necessary,for damages to our property and structures at 3319 Delta Road, Brentwood,CA 94513, which are situated on APN 020-220-006-9. This claim is for water damages. This claimis made by Gary P&Meridith J. Walker,hereinafter referred to as "Claimants". This claim is made against the County of Contra Costa, its employees,contractors and agents; hereinafter collectively referred to as"County" This claim is based on the willful,negligent and unlawful collection,diversion, conveyance and retention of water collected from East Contra Costa Irrigation District (ECOID)facilities and other sources including the Eden Plains Road culvert, which inundated multiple properties in the"triangle"of parcels located northeast of the Santa Fe Railroad tracks. This claim is made for damages resulting from the collection,diversion, inadequate distribution and ultimate retention of water through County facilities which was collected and diverted from ECOID Facilities and other intentional man-made conveyances and diversions. This is not a claim for storm runoff damages. The specific of this claim are substantiated by eyewitness accounts, still photographs, aerial photographs and videotape which clearly demonstrate the volume,rate of discharge and path of water flowing to the impacted properties via County owned and maintained conveyances. The County failed to act in a responsible manner to prevent or mitigate this flooding which occurred repeatedly over several days. The resulting diversion and retention of water caused flooding over Byron Highway onto to our property which resulted in damages being sustained to that property. The items damaged include; driveways,well, septic system,animal health,animal feed, equipment,etc. The actual costs of such damages cannot be determined until such time that the water recedes and inspections can be made. Claimants additionally claim damages for loss of use of Claimants' property,declined property values,hardship,pain and suffering,and Claimants may seek punitive and exemplarydamages if such damages are appropriate. Claimants demand that the County cease and desist diverting water onto Claimants' property. Claimants demand that the County seek immediate injunctive relief against those parties responsible for said damages if not the County. Claimants expect the County to act in good faith,mitigate damages caused and offer fair compensation for hardship,pain and suffering,and for the other damages which it has inflicted. Gary P. &Meridith J. Walker 3319 Delta Road Brentwood,CA 94513 CLAIM BOARD OF UPER ISORC Of CONTRA C"C) TA C"OUN'TX. CALIFORNLA AMW Shpt 1 1998 Claim Against the County, or District Governed by 1 the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to 1 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 RIF (g11Ngpursuant to Government Code 'Section 913 and 918.4. Please note all "Warnings". AMOUNT: exceeds 10,000 J U L 3 t 199 COUNTY COUNSE1. CLAIMANT: Gertrude Traylor MARTINEZ OAUF. ATTORNEY: Michel & Manning DATE RECEIVED: ADDRESS: 2175 N. California Blvd'., Ste 300 BY DELIVERY TO CLERK ON: Walnut Creek CA 94596 BY MAIL POSTMARKED: July 27, 1998 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: July 29, 1998 By: Deputy L H. FROM- County Counsel' TO Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. XThis 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 bate claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). W. 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 ent ed 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 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 MAH.ING' I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage folly nt, a prepaid a certified copy of this Board Order and Notice to Claimad essed to t' claimant as shown above. Dated:__ By PHIL BATCHELOR Bjv;19 F J CC: County Counsel County Administrator LAW OFFICES OF MICHEL & MANNING' A PROFESSIONAL CORPORATION SAN FRANCISCO ONE SANSOME STREET 21 ST FLOOR MICHAEL D.MICHEL July FRANCISCO,CALIFORNIA 94104 PETER J.JOHNSON July 14, 1998 (415)951-8821 WILLIAM R.HARTMAN FAX(416)951-4660. ROBERT J.FRASSETTO JEFF M FACKLER � WALNUT CREEK DEBRA A FITZSIMMONS .�F1) 2175 NORTH CALIFORNIA BOULEVARD. SUSAN J.SHERRILL SUITE 3010 JENNIFER G.STOECKLEIN WALNUT CREEK,CALIFORNIA94596 HELAINE B.LASKY (925)945-7319 LISA L.TOKE FAX(926)935-0925: STELLA J.NGA# ARLENE N.BERGER SACRAMENTO MARY C.MICHEL : 555 CAPITOL MALL,SUITE 410 { {d1RS s SACRAMENTO,CALIFORNIA 95814 (916)325'0610 FAX(916)325-0613 PLEASE REPLY TO: WC June McHuen CLERK OF THE BOARD 651 Pine Street-, Room 106 Martinez, CA 94553 Re: James' Morrow, et al. v. Josey h 'Tom Kessler, et al. Contra. Costa County Superior Court Action No, C97-04533 (consolidated with C98-00611) Our File No. : 061-015 Dear Ms . McHuen: Enclosed please' find a copy of the Complaint filed in connection with the above-referenced matter'. The Complaint was inadvertently not attached to our Claim Against the Town of Danville, County of ContraCosta, and State of California Per California Government Code Section 91, which was served on you on or about July 3, 1998 . Should: you have any questions concerning the foregoing, please contact the undersigned or my associate,' Arlene Berger, at your convenience . Very truly yours, MICHE NINE A Pro si l Corporation 400"1 By Dert J. Frassetto RJF:tl Enclosures .. 1 1 Robert J. Frassetto, Esq,, (State Bar No. 104435)' Arlene N. Berger, Esq. (State" BarNo.193395) 2 MICHEL & MANNING A Professional Corporation 3 2175 N. 'California Blvd. , Suite 300 Walnut Creek, California 94596 , .. - 4 Telephone. (925) 945-7319 f_ 5 Attorneys for Defendant 6 7 ', S IN THE SUPERIOR COURT OF THE:: STA'T'E OF CALIFORNIA 9 IN AND FOR THE CITY AND COUNTY OF CONTRA COSTA 10 11 JAMES MORROW and DEMAREST Case No C97-04533 MORROW, (Consolidated with C9$-00611) 12' Plainti€f, CLAIM AGAINST TOW'N' OF DANVILLE, 13 CODNTY OF CONTRA COSTA, and V. STATE OF CALIFORNIA PER 14 CALIFORNIA GOVERNMENT CODE JOSEPH :'TOM KESSLER, JOSEPH SECTION 910 15 KE aSLER, JR. and 1 through 10, inclusive 16 Defendants . 17, 18 AND RELATE} CROSS-ACTIONS 19' 20 Gertrude Trayler makes the following 'claim against the Town 21., of Danville, County of Centra Costa (Board of Supervisors) , and 22' State of California (Board of Control) , pursuant to California 23` Government Code Section 910 ; 24' CLAIMAN`x 'S NAME: AND ADDRESS: 25- (a) Gertrude Trayl'er 26'' C/O MI'CHEL & MANNING 27 2175 N. California 'Boulevard, Suite 300 28 Walnut Creek, California 94596. I NOTICES TO BE FORD TO T= FQL_LOWING i 2 (b) MCHEL & MANNING 3 2175 N. California Boulevard, Suite 300 4 Walnut Creek, California 94596 5 Attn: Robert J. Frassetto, Esq. 6 DATE, PLACE, AND OTHER CIRCUMSTANCES OF THE SUBJECT INCIDENT: 7 (c) Gertrude Trayler' s' claim is based on the events stated 8 in Plaintiffs James and bemarest 'Morrow's complaint in the 9 underlying action, attached hereto and incorporated herein by this 10 reference In referencing plaintiffs'' complaint, claimant is not 11 admitting any of the stated allegations, 12' DESCRIPTION OF THE OBLIGATION DA QE ET AL.. INCURRED BY 13' CLAIMANT AT THE TIME THE PRESENT CLAIM IS FILED 14' (d) Please see subsection (c) , above. 15'' Claimant is entitled to indemnification, contribution, 16 restoration, and repair of her property. Claimant is also 17 entitled to fair and just compensation for any and all slide 18 related damages, including, but not limited to, any stigma to her 19 property, cost of repair, and loss or damage to claimant ' s land 20' and any structures thereon or appurtenances thereto 21 NAMES OF PUBLIC EMPLOYEES RESPONSIBLE FOR THE ALLEGED' DA14A.GE: 22 (e) Town of Danville, Board of Supervisors of the County of 23' Contra Costa, and State of California Board of Control (specific 24' responsible, individuals are presently unknown) . 25> AMOUNT' CLAIMED AND APPROPRIATE JURISDICTION: 26 (f) The amount claimed is presently unknown 'but 'will'; exceed 27'' ten thousand dollars' {$10, 000) . Discovery and investigation are 28 ongoing. The claim will be no less than the amount required to 2 Ay 1indemnify claimant Gertrude Trayler for less, damages, expenses, 2 ' fees, settlements, verdicts, judgments, and awards resulting from 3 the claim. Superior Court jurisdiction is appropriate. 4 5 DATED: July 1, 1998 MICHEL & MANNING A Prof4si ,nal Corporation 6 7 ' By $ RO FPA ET1O At for Claimant 9 GERTR7E TRAY"LE 14 11 ' 12 13 14 15 16 17 1$ 19 20 21 22 23 24' 25 26 27 28 3 1 PROOF OF SERVICE 2 1, the =undersigned, ,declare that I am over the age of 18 years and not a party to the within action I am employed in the 3 County of ContraCosta, California, the County in which the following service occurred. My business address is 2175 No. 4 ' California Blvd. , Suite 300, Walnut Creek,;, CA 94596 . 5 On July 1, 1998, I caused a true copy of the following document (s) 'to be served in this action upon the person(s) 'set 6 forth below,' by the method indicated. 7 DOCUMENT(S) SERVED: CLAIMS AGAINST' TOWN OF DANVILLE COUNTY OF CONTRA COSTA, and 'S'TA'GE OF CALIFORNIA PER 8 CALIFORNIA GOV'ERN14ENT CODE SECTION 910 9 ' PERSON(S) SERVED:> FAX NUMBER 10 SHE ATTACHED SERVICE LIST< 11 12 (BY MAIL) I caused such envelope with postage thereon fully prepaid to be placed in the United States Mail this day at 13 Walnut Creek, California I 'am "readily Familiar" with the firm' s practice of collecting and processing mail . It is deposited with 14 the U. S. Postal Service on that same day in the ordinary Course of business 15 ' (BY PERSONAL SERVICE) I caused each such envelope to be 16 delivered by hand to the addressee (s) noted above or on the attachment herein. 17 ' (BY FACSIMILE) I caused the said document to be 18 transmitted ;by Facsimile .Transmission to the number indicated after the addresses noted above or on the attachment herein. 19 (BY OVERNIGHT COURIER) I caused each such envelope 20 addressed to the parties, with postage or delivery fees thereon fully prepaid or provided for, and depositing said envelope (s) in 21 a box or other facility regularly maintained by the overnight courier: or driver authorized by the overnight courier to received 22 documents . 23 I declare under penalty of perjury, under the laws of the State of California,. that the foregoing is true and correct. 24 Executed at Walnut Creek, California on July '1, 1998 . 2 ' 26 ' 27. TAMMY SHARP 28 1 SERVICE LIST 2Morrow v. Eessle et al Contra Costa: Superior Court Action No. C97-04533 (Consolidated 3 with C98-00611) 4 5 ' Town of Danville Administrative Offices 6 510 Lagonda 'Way Danville, CA 94526 ' 7 ', (925) 820-6337 County 'cif Contra Costa 9 Board of Supervisors 651 Pine Street,: Room 106 10 Martinez, CA 94553 (925) 335-1900 11 12 State of California (Board of Control) 13 630 "KIK Street, 4th Floor Sacramento, ''CA 95814 14 (916) 323-3564 1 : 16 17 18 19 20 2 22 23 24 25 26 27 28 JUL-14-98 :47 S HOFI LD SCHILLER FAX NO, 5169342257 P, 06 l i of contra costa. (;C3unty , al ifornia, commonlyr.s1C�W3i .�:� 226 Loch 11 Lomond Way, Danville, California.. a ' 11. On or "about the rummer of 1996, wrungf l iy 4 .. entered:, on the real property described in Para(ira h 10: without plaintiffs/ consent and cut down approximately five (!.>) of 6 plaintiffs-' trees, to plaintiffs' damage in excess of $75,000.00. 12. When defendant trespgssed he acted with oppression, 8 ' fraud, or malice, and plaintiff is therefore entitled to punitive q damagesin the sum of $100,000.00. � 10 WHEREFORE, plaintiff prays judgment against defendants as. 11 follows: 1 1. For compensatory damages according to proof, 2. For punitive damages in the sum of $100,000-00:, 14 - 2 For costs 'of� suit herein incurred; and 15 3 For such ether and further relief as the court may deem 16; proper. 17 Dated: October 23, 1997 �� 20 JAIMS H. VkRNOP Attorney for Plaintiffs 21` 2 I 2 a 2.a f 2i7 r/ �1 } J i 2 4 CHOF IELD SCHILLER LLER FAX NO, 5109342257 P. 02 JUL-14 T�3 11:44 ... .�A r.�v. $ NOTICE TO DEFENDANT (Atiw i Actis.00) , I..rxrrA#41,W)iJ'rAAtr#r.,. ,JOSEPH Tc3M KESS;LCA, , J©StPH XESSLER, JR. , -and DOES 1 thrcIigh 10, itiClusivsr 4 YOU ARE BEING SUED BY Pl11!N71t~E: (A Lid tc estj ,d!efnitrdAvicfw JAMES MORROW and DEMAREST MORROW # You have 34 CALENDAR DAYS after this sum. Dtspu& de que le entrrguen esu c tackin udirdjl ustx.'d mons is served on you to file a typewritlert re- 1kne an DIAS CALF.40ARIOS pArwpr sentar' sponse at this zourt. Una respvesta escrita 41 r»4f r*a en e5141 s;'vrte. A lettet or phpne call wilt not protect you; your Una cads t* una 115matda tekl'da cA* no to ofrrceri typs* ir� itten response wst be in proper legal' protecd6n, so '',trc'sjJ"ues1A# ft rita a rnjgt,ri r done flue form It ys>u vifacst the itout't to hilar your case. ; cur**plir con ttts;lamwrdides,les les apropiAttdas sa casted 1t you 40"11114 your response on time.you may qt ere clue la cotte esetiche 10 Casa lose attar case, and your wages, money And pro- Si usted no pn wemta sat mspuesta a iien?a€puede po der party mom be taken Witl^tit further warning from el cow y k pr�er*quit tr-$UL salarliap;sy d;twrti Ly cifras<-0.Qs the court, de sit propir ad sir*stint adki*nal pof PAfte de b cmte. Tie erre other leigsl o"irermeniz. You rrisy r�xisten atros repulaitos Jegailes Puede 4ue' casted grrlerra brant to ca4 an attorney right away_if you 40 not ltamir al on sbt�adrr irttirs#dia!!atrtenta, Si no Ct31fs�Ct' At irn' krtt?w art alttorrsey you may call an totomey refer- abggadr.; } lla+r Uf & Un s+roiC,u de refer�er rrt;a rte ret servlt o or a legal alta offira(listed In the.phone al a&as*.&ttrsat c*ficina de lyuda legal twa el direr orirf boon), tek tlnicctl. The nam-* and address of the court is: ttl t rrfare y docc+crt5n rfc•lea carte I F 97 — 0'4 3 CONTRA COSTA COUNTY SUPERIOR COURT 725 Court Street P.O. Box 911 Mart.ir.ez, CA 94553-1233' The name es diens. and telephone number of plaintiff's attorney, or piaint4f without an>atiotney, is: aft r+ambrt. Ja direcri6n y el`nttnmeio rfe tcdv;w)o dell.tfaopl db deal dentandinte. o deal tltvrr.tnd wte alio, ot, r•.'# r ,owAi�w,, JAMES H. VERNON l.510) 838-9400 LAW OFFICES OF JAMES H. VERNON 1941 San Ramon va.11ey P'2vd:'` San Ramon,` CA 94583 SUPERIOR COURT DATE OCT 2'4 199`1 Cleric, b •.te tiv.i reit �r A; NOTICE TO THE PERSON SERVED: You arse ser',,e d 1 �; ,3"# .3'7 9r5<'€itt#C€lsl€ €lv'it!r�rti2rtt i 3 r� { 2 ' as li'o verson Suestd under the f#c:tqiatr, rn;the of (.y•tY #ty, 1 bL_ vo o zhalf orf (specify). �i tin ta.r 1 CCP 416,101 Ci`P 416,20 ldefunct Corp#-rr;t.()rjl i" j C C c, 41ra.I0 €:.ring rust## } j CCP 416 40 (as-,01riat#an or it�rltier%h#i31 � -' Cs;P 41£r`3i1 rr 011ier t..N__ 17y 0"Son3i dDI-NY 0M fdatr l_ -�98 TU 11.48 S F I LD SCH I LLE1 R 5109342257 P.03 1 11 JAMLS H. 'VERNON ' SBN 41163 Attorney at Lam 21 J441 San !Ramon Val10y Boulevard s an Raman, California 44583 3 (510) $38-9400 41 Attorney for Plaintiffs .3AmES xomow and 1 EMAREST MORROW 5 6 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 7, IN AND FOR THE COUNTY OF CONTRA ST97 - . 04533 7A t> s MORROW and DE1.ARE.ST `MORROW; Case No. 9 Plaintiffs,° COMPLAINT FOP, PROPERTY DAMAGE (N GLIGENCE) 10 V. AND DAMAGES FOR TRESPASS To ;REAL' PROPERTY iI JOSEPH TOM K SSLER, JOSEPH nsSLER, JR. # and DOES 2 through ) 17 io, inclusive, I PER LOCAL RUElTIKISCA`: S 13 Defendants. DPT � R1aintiffs JAMES MORROW and DEMAREST MORROW allege as follows: 1 161 1 . Plaintiffs are, and at all 'times herein mentioned were , 17 the owners of a residence at 226 Loch Lomond way, Danville, Contra 1.8 Costa County, California 19 2. Defendant, JOSEPH TOR KESSLER ("KESSLER")`, is;, and at all 2€f times was, owner of a residence at 529 Highland Drive, Danville, 21 2211 Contra Costa County, ;California. 3. Plaintiffs are 'ignorant of the tamer aitd capacities , 23 whether corporate, individual' or a'thery ise, cit defendants sued 24 jj herein as Does 1 through 10, inclusive, and thcrlkor,- sire said 2!) , .3cafendants by such fictitious' names. Plainti,f !s :gil l a erici' this 26, , complaint to insert their true names and capat j.tits , toger.her with proper charging allegations, when .i6V Vve bc,on as.carta fined. 28 f ML-14_'98 ' "LSE 11.,45 S HOFI LD SCH I LLER FAX NO, 5189342257 P.04 CI Plaint fts art informed and believe and ther, ipran allege- that said defendants are in some manner responsible fo, the happening of the 3 incidents hereinafter described and ;rare liab t! to plaintiffs herein. 5 4.,. At all times Herein -mentioned, defendants, and each of 6 them, were` 'the agents, servants and employees of each of the other 7 defendants, and in 'doing the things ,hereinafter described, were acting' within the course and scope of their agency and/or 9 employment and with each of the 'other defendants' ratification and/or consent. 1. 12 (Property Damage Negligence 13 S. The above-described properties, of the plaintiffs and 14 defendant KESSLER ire adjacent and abut each bt er along a common i5 boundary line running generally 'in a north-easterly direction. 16 Defendant KESSLER's property is up-hill from plaintiffs, 'property. 17 G. At all tithes herein mentioned,' defendants, and each of 18 them, awned, maintained, controlled, managed, and operated the 19 premises located at 529 Highland Drive, panv .11e, Contra Costa 20 County, California 21 7. On or about September, 1996, at the, aforementioned place, 22 defendants, and each of them, breached their duty of care to 23 plaintiffs and in doing' so failed to exercis(: reasonable care, 24 Defendants, and each of them, failed to propE!.---1 r maintain, 2S supervise, inspect, investigate., prepare and :,,oncluct aet.iv4ti es 26 related to! maintaining adequate ; Lateral supp<,)t tv plaintiffs' 27 property. Defendants , and each ;of them, fai ' !d to ( i ) ensure that 28 ���190 J91.--14�98 TUE 11:46 SC OFIELD SCHILLER FAX NO. 5109342257 P. 95 } 1 the soil was adequately graded and/or compact i, t ii ) provide � cti ua e support r� l fc unc3 icon for said said. and ( iii ) comply 3i with applicablebuilding cedes and with plans ew 'specific:ati.ons. Defend-ants further failed to exercise rea onat- a caret in that they failed to properly supervise, inspect, investigate, prepare and I . maintain the sail ,adjacent to the mutual property line. As result, in, January,,' 1997, the soil became saturated and unstable with accelerated runoff 'water from defendants' land, causing a 9 landslide on plaintiff's property. Defendants knew or should have 10 known that the regrading and removal of all ve:yetation constituted 11 an unreasonable risk. of harm to neighboring residences if not 12 properly m inta:ined Qr controlled. Defendants negligently failed 13" to correct or control the regrading and the resultant alteration in the natural flaw of rainwater, all of which pt.oximately caused the damages to plaintiffs which are described below. 1 s' S. The aforementioned actions of defendants, and each of �7 them, in altering the discharge of surface water were unreasonable 18 in that discharge was concentrated into one l(-cation, and a greater 19 quantity of water was discharged: than that, which would naturally 20 have flowed onto plaintiffs'- property. 21 9. As a proximate result of the negliq+_rioe of dei fericiant�Y, 22 and each of them, plaintiffs' proper'�y has be—n damaged in excess 23 of $75;000. 24 2.- 1 (Trespass to Real wProp,(-,rt = ) 26 10 On or about the summer of 1996, pl.s ntif fs woro the 27 owners in feed entitled to posses.iron of r-al property locate!tl 28 krr CS 10 VICTOR J.WESTMAN �j /�. /� /+ � +h� DEPUTIES: COUNTY COUNSEL CONTRA COSTA,icC�UNTY PHILIP S.ALTHOFF OFFICE 6FTHE'V0V0*Y'P0UNSEL SHARON L.ANDERSON' ANDREA W"CASSIDY ARTHUR W.WALE NTA,JR. VICKIE L.DAWES CQUAI FY ADMtNISTRd1TIbE I BUII QI,�4 ASSISTANT COUNTY COUNSEL X51 FIiNEtth.�F3pR' MARKE S.ESTIS , MICHAEL D.FARR MARTINEZ,CALI0601 1 94553-1229 LILLIAN T.FUJII SILVANO B.MARCHESI DENNIS 0.GRAVES GREGORY C.HARVEY ASSISTANT COUNTY COUNSEL JANET L.HOLMES, KEVIN T KERR GAYLE MUGGLI BERNARD L KNAPP OFFICE MANAGER EDWARD V.LANE,JR. MARY ANN`MASON PAUL R.MUNIZ PHONE(925)335-1800 PHILIP J.NORGAARD FAX 925 646-1177$ VALERIEJ.RANCHE DAVID F.SCHMIDT DIANA J.SILVER BARBARA N.SUTUFFE JACQUELINE Y.WOODS NOTICE OF INSUFFICIENCY A D R NON-ACCEPTANCE OF CLAIM TO: Michel&Manning 2175 N.California Blvd., Ste 300 Walnut Creek, CA 94596 RE: CLAIM OF: Gertrude Traylor 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 complysubstantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] 1. The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [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. [xx] 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($10,000),the claim fails to state whether jurisdiction over the:claim'would rest in municipal or superior court: Page 1 [ 16. The claim is not signed by the claimant or by some person on his behalf [XX ] 7. Other: The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim. [xx] 8. The complaint attached to the amended claim fails to identify any injury to claimant. VICTOR J. WESTMAN, County Counsel By: �'` Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P.§§ 1012, 1013a,2015.5;Evidence Code§§641,664) I declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of per ury that the foregoing is true and correct. Dated: July 31, 1998,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910;910.2,920.4,910:$) Page 2 I Robert J. Frassetto, Esq. {State Bar No. 204435} Arlene N. Berger, Esq'. (State 'Bar No.193395) ..+....�-...�----- 2 MICHEL & MANNING REvE �" A Professional Corporation 3 2175 N. California Blvd. , Suite 300 Walnut Creek, California 94596 A - 6 19G'8 4 Telephone: (9,?5) 945-7319 gOAFtD OF SUPE:'. ,. 5 Attorneys for Defendant COt1TRp GG�'iN co. N GERTRUDE TRAYLER 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE CITY AND COUNTY OF CONTRA COSTA 10 11 JAMES MORROW and DEMARESTCase No C97-04533 MORROW, (Consolidated with C98-00611) 12 Plaintiff, CLAIM AGAINST TOWN OF MANVILLE, 23 COUNTY OF CONTRA' COSTA, and V. STATE OF CALIFORNIA PER 14 CALIFORNIA GOVERNMENT CODE JOSEPH TOM KESSLER, JOSEPH SECTION 910 15 KESSLER, JR and 1 through 10, inclusive, 16 Defendants , 17 18 AND RELATED CROSS-ACTIONS l 19 ' 20 Gertrude Trayler makes the following claim against the Town 21 of Danville, County of Contra Costa (Board' of Supervisors),, and 22 State of California (Board of Control) , pursuant to California 23 Government Code Section 910 . 24` CLAI.MMANT e S NAME ;AM ADDRESS': 25 (a`) Gertrude Trayler 26 C/O MICHEL & MANNING 27 2175 N. California Boulevard, Suite 300 28 Walnut Creek, California 94596 1 NOTIggS TO Big FO "N ED TCI FOLLOWING: 2 (b) MICHEL & MANNING 3 2175 N. California Boulevard, Suite 300 4 Walnut Creek, California 94596 S Attn: Robert J. Frassetto, Esq.. 6 DA C A=. OM I AN OF E StTBJECT N ,IDENT 7 (c) Gertrude Trayler's claim is based on the events stated 8 in Plaintiffs .Tames and Demarest Morrow's complaint in the 9 underlying action, attached hereto and incorporated herein by this 10 reference . In referencing plaintiffs' complaint, claimant is not 11 admitting any of the stated allegations 12 DESCRIPTION OF THE OBLIGATION, D GE ET AL. , INCURRED BY 13 CLAIMANT ,AT THE TIME THE PRESENT CLAIM IS FILED,: 14 (d)' Please see subsection (c) , above. 15' Claimant is entitled to indemnification, contribution, 15 restoration, and repair of her property. Claimant is also 17 entitled' to fair and just compensation for any and all slide- 18 ' related damages, including, but not limited to, any stigma to her 19 property, cost of repair, and loss or damage to claimant ' s land 20 and any structures thereon or appurtenances thereto. 21 NAMES OF PUBLIC EMPLOYEESRESPONSIELE '.FOR-TRE ALLEGED DAMAGE: 22 (e)' Town of Danville, Board of Supervisors of the County of 23 Contra Costa', and State of California Board of Control (specific 24 responsible individuals are presently unknown) . 25 AMOUNT CLAIMED ANI) APPROPRIATE JURISDICTION: 25 (f)' The amount claimed is presently unknown but will exceed ' 27 ten thousand dollars '($10, 000) Discovery and investigation are 28 ongoing. The claim will be no less than the amount required to 2 I indemnify claimant Gertrude Trayler for loss, damages, expenses, 2 fees settlements', verdicts, judgments, and awards resulting from 3 the claim. Superior Court jurisdiction is appropriate. 4 5 DATED: July 1, ' 1996 MICHEL & MANNING' A Prof: sinal .Corporation 7 By $ ROBER F SETTO Attorn ys for Claimant 9 GERTRUDE TRAYLER 10 11 12 13 14 15 16 17 18 19 20 21 ' 22 23 24 25 26 27 28 3 X99 1 PROOF;, OF SERVICE 2 1, the undersigned, declare that I am over the age of 18 years and not party to the within action. I am employed in the 3 County of Contra Costa', California the County in which the following service occurred. My business address is 2175 No. 4 California Blvd. , Suite 300, Walnut Creek, CA 94596. 5 On July 1, 1998, I caused:; a true copy:of the following document (s) to be served in this action upon the person(s) set' 6 forth below, by the methodindicated. 7 DOCUM�(g), SERVED: CLAIM AGAINST TOWN OF DANVILLE, COUNTY OF CONTRA COSTA, and STATE'' OF CALIFORNIA PER $ CALIFORNIA: GOVERNtUM CODE SECTION 910 9 PERSON(S) SERVED: FAX NTMER 10 SEE ATTACHED SERVICE LIST 11 12 (BY MAIL) I caused such envelope with postage thereon fully prepaid to be placed in the United States Mail this day at 13 Walnut Creek, California'. I am "readily Familiar" with the firm' s practice of collecting and processing mail'. It is deposited with 14 the U. S. Postal Service on that same day in the ordinary Course of business. 15 (BY PERSONAL SERVICE) I caused each such envelope to be 16 delivered by hand to the addressee (s) noted above or on the attachment herein. 17 (BY FACSIMILE) I caused the said document to be 18 transmitted by Facsimile Transmission to the number' indicated after the addresses noted above or on the attachment herein. 19 (BY OVERNIGHT COURIER) I caused each such envelope 20 addressed to the parties, with postage or delivery 'fees thereon fully prepaid' or provided for, and depositing said envelope ('s) in 21 a box or other facility regularly maintained by the: overnight courier or driver authorized by the overnight courier to received 22 documents. 23 I declare under ,penalty of perjury, under the laws of the State of California, that the foregoing is true and correct 24 Executed at Walnut Creek, California on July 1, 1998 25 26 27 TAMMY' SHARP 28 1 S19MC, S2' 2 Morrow v. ggm.oler. at al Contra Costa Superior Court Action No. C97-04533 (Consolidated, 3 with C95-00611) 4 5 Town' of Danville Administrative Offices 6 510 Lagonda Way Danville, CA '94526 7 (925') 824-6337 8 County of Contra Costa 9 Board of Supervisors ' 651 Pine ;Street, Room 106 10 °Martinez, CA 94553 (925) 335-1900 11 ' 12 State of California (Board of Control) 13 630 "K" Street, 4th Floor Sacramento, CA 95814 14 (916) 323-3564 15 16 17 ' 18 19 20 21 22 23 24 25 26 27 28 N rZy �o 0 i o '� 2 C- ° #, 04 CA 3 3 (o ct Yip ON } CLAIM BOARD Of S A COUNTY, CALILIFORNIA SOMIDACTID Sept 1, 1998 Claim Against the County, or District Governed by the Board of Supervisors, Routing 'Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ► notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below, Oven pursuant to Government Code Section 913 and ` 915.4. Please note all "Warnings". AMOUNT: $1.00 i 199 CLAIMANT Anthony Stringer CclullEZCALIFOALl mil'sTi f1 . ATTORNEY: DATE RECEIVED: ADDRESS: 901 Court Street BY DELIVERY TO CLERK ON: Martinez CA 94553 BY MAIL POSTMARKED,: July 27, 1998 I FRONE Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clete Dated: July 29, 1998 By: Deputy U. 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 Bled late and send warning of claimant's right to apply for leave to present a,late claim (Section 911.3). Other: Dated; r>:31`ff By iSC Deputy County Counsel III, FR NI 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 ent ed in its mi tes for this date. Dated. y Z, PHIL BATCHELOR, Clerk, By ;'Eye y Clerk WARNING (Gov. code"seetion 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 MAU-ING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Post ( Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, dressed to te claimant as shown above. By: PHIL BATCHELOR G --Heprty Clerk CC: County Counsel County Administrator CIA 3 s SIM ACTISept 1, 1998 Claim Against the County, or District .Governed by } the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document-mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph 'IV below), given pursuant to Government Code Section 913 and ,111� 915.4. Please nate all "Warnings". :.4._ � 1 199 AMOUNT: $1.00 COUNTY COUNSEL' MARTINEZ CALIF CLAIMANT: Anthony Stringer ATTORNEY: DATE RECEIVED: ADDRESS: 901 Court Street BY DELIVERY TO CLERK ON: July 30; 1998 Martinez CA .94553 BY MAIL'POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County,Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Cl Dated July 31, 1998 By: Deputy H. FROM- County Counsel TO: Cleric of the Board of Supervk6rs ( }" 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). { } Claire: 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: Byv � L -�' `-� Deputy County Counsel JR. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim'was returned as untimely with notice to claimant (Section 911..3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: ( } This Claim is rejected in,full: ( } Other:_ I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (&) 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 MARINO' I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated; By: PHI ., BATCHELOR By Deputy Clerk CC: County Counsel County Administrator Claim tot SCUD or &VPRRvl d oRs Or 0031Tk 1 000TA Cci'0!t'Y ITIRCTTQNS .96 +tt,1T 1arl A. Claims relating to causes of action for death or for injury to person or to personal:property or grwirq crops and which accrue on or before December 31, SOVe must be presented not later than th* .140th day after the accrual of the cause of action. Claims relating to causes of action for ''death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 19es, must ` bs presented not later;than six months after':the accrual of the cause of action Claims r*latinq to any other aouso of action must be presontod mot later than one year after the accrual of tee& Gauss of action. (Govvt Code 911.2.) S. Claims must bt filed with Us Clark of the board of supervisors at its office in Itoom lose qty Administration building, 45% LineSterman Kartines,` C7► 94553. C. It claim is against a district governed by the board of Supervisors, rather than the County, the rAm* of the District should be filled in. D. if the claim is against *ore than on& putblfe entity, soparat'o claims crust be filed against each public entity. E. ZZA3idz Sem penalty for fraudulent claims, penal Code Sec. ?Z at the and of this form. RE: Claim Ey Reserved' for Clark's filing stamp Against the county of Contra Costa) 3000 or .„lDistrict) S (mill in nature') pin The undersigned claimant hereby sakes claim against the County of Contra Costa or the above-named District in the sun of QQ and in support of this claim represents as follows:: x. fton did the damage or injury occur? (dive exact date and hour) Z. 9hsre did the damage or injury occur? (zaclude city sled county) N j 3 Nov did tb* damage Ork injury oar? (Givo full details t use extra paper It "quirod) die' ;. What pa icular act or omission the part of county or district otficers, servants or omployeas caused the injury or damage?'' (aver) r s. Vhast are the names of county or district officers, servants or employees causing that damage or injury? 6. What damage or injuries do ou r4la, rye ted"? (Diva full extent of n ur es or damages claimed. Attach two estimates for auto damage. ) 7. Slow was the amount claimed * C0IMputOd? ( na Jude the estimated amount of any prospaectivt injury or damage,-) ) S. * •s and esases of V14bwsmw,, doctors and hospitals. 9. List the expenditures you mads on, account of this ac;ident or injury. l+Iri#pit.!## ii*�1!#�lir�f ##!#itrr�t�#ltl�+R'i#lr#�## !lil.'lii•lt:#�ir�i!°!llllNr: } Coov. Cede Xec. 020.2 provides orbo, claim must be Signed by the claimant or by some person on his Name and Address of 'Attorney } (Claima tts sfgnat T e). Y C,. 1 #i y"{. (Address)!d ess) IIY�wM�lllllr/Yir Telephone No. No.. #+Rl�1�li#i##eii�titi+i�Mi##'liiellrlllii#i�Mil��llNit#�!'#*i#iiia#i��lli'litiF!►� aRlriOOli!'+iltiDirl section 72 of #tate Penal Cade prasV""s dvery person who, With intent to defraud, presents for allowance or for PaY"nt to any sUte board' or ottldaar, Or to a w 0:01raty, city or district 'b"rd or offioaar, autborls d to alllov or � the same if "nuizee, any false or trauwobt ISIS, loealll0 accooftt vomer, or ,w rfting', Is Punishable sither b is the #000 ail for a Varied of mot sort than er, ie tine of � ing one, thousand a� 1,Diad : or �' t � �''1sonml nt � wo or by imprisonment in the state prig oft, by a Cine' of not 'excoadi Q6 .dii.' Put 0 SOF .7 c s C 4 ir� wat Wit. 15J n IL �* l CLAIM> BOARD OF SUPERVISORS OF`CONTRA COSTA COUNTY "AL QR��IIA BOARD ACT10N: Sept 1 1998 Crim Against the County, or District Governed by # the Board of Supervisors, Routing Endorsements, ? NOTICE TO CLAIMANT and Board Action. All Section references are to 1 The copy of this document mailed to you is your California Government Codes. I notice of the action taken on your claim by the Board of Supervisors. ('Paragraph IV below) given' C+ ERIN'3) pursuant to Government Code Section 913 and 915.4. Pleasenote all "Warnings J U L 2 2 1999 AMOUNT: unknown Ct}t1N7Y Cfi3UNSE1. CLAIMANT: State Farm Insurance CompanieMAR7tNEZ CALIF. ATTORNEY: DATE RECEIVED: ADDRESS: Auto Claim Central BY DELIVERY TO CLERK ON: Attn: Lisa Ormond PO Box 6401. BY MAIL POSTMARKED: July 15, 1998 , Rohnert Park CA 94927 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR,Clerk Dated: July 20, 1998 By: Deputy ' ? �s II. OM: 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). j 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: € - CiZ Deputy County Counsel 7 III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. Other: I certify that this is a true and correct copy of the Board's Order ent ed in its minutes for this date. Dated.-:,, 'I.War PHIL BATCHELOR, Clerk, By puffy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claire. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF 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 ressed t;tle claimant as shown above. f ,Dated: ;�,4 By: PHIL BATCHELOR B ` i� ✓' uty Clerk CC: County Counsel County Administrator STATE FARM State Farm Insurance Companies INSURANCE RECEIVI, s Auto Claim Central July 14, 1998 JULi 6400 State Farm Dr. Box 6401 _ Rohnert Park, CA 94927-6401 Clerk of the Board 651 Pine St. Room 106 Martinez Ca. 94553 ATTENTION: Clerk of the Board RE: Our Claim Number: 05-4235-901 Date of Loss: July 3 , 1998 Our Insured: Teddie Jacob Your Claim Number: unknown Your Insured: Contra Costa County Sheriff Dpty Dillard Accident Location: Deer Hollow Dr Dear Sirs: We have been informed that you are the insurance carrier for Contra Costa County Sheriff Dpty Dillard. our investigation of this accident establishes Contra Costa County Sheriff Dpty Dillard was responsible. Please accept this letter as notice of our subrogation rights. The facts of the accident indicate your sheriff officer backed into our driver. If you have any questions, please call us. Any member of our team will be able to assist you. Sincerely, Lisa Ormond Claim Specialist 1-8070-440-6175 Team 5 State Farm Mutual Automobile Insurance Company HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001 Yn r O f 3 fr c i'