HomeMy WebLinkAboutMINUTES - 09221998 - C26 CLAIM
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B F Chi- I.I URNiA
313ARG ACTIOl Sept 22, 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
fCT
av& pursuant to Government Code Section 913 and
915.4. Please noteall "Warnings".
AMOUNT: Exceeds $50,000 AUG 19 1998 j
GUNNY COUNSEL �
CLAIMANT: Damon L. Covalt MARTINEZ CALIF.
ATTORNEY: DATE RECEIVED:
1
ADDRESS: 4400 Central Avenue, No. 418 BY DELIVERY TO CLERK ON:
Fremont CA 94536
BY MAIL POSTMARKED: Aug 17, 1998
T. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
e�
PHIL BATCHELOR, C
Dated: Aug 19, 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).
( v'-y Other: r
Dated: `� �L ��f Z-� _ l B L — Deputy County Counsel
V if V
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 ed in its minutes for this date.
Dated- �' ' PHIL BATCHELOR, Clerk, By eputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, ddressed to the claimant as shown above.
Dated: tl , By: PHIL BATCHELOR By eputy Clerk
CC: County Counsel County Administrator
CZ,6
August 16 , 1998
x. AW
Attention receiving clerk,
Upon receipt of the enclosed documents , Please stamp
the received date on the pages marked "COPY" (3 pages) and
return them in the envelope I have provided. Thank you in
advance for your assistance .
Sincerely yours ,
k
Damon L. Covalt
's
s
C Z4
Damon L. Covalt, Executer of the
Estate of Joan Carole Covalt
In Propria Persona
4400 Central Avenue, No. 418
Fremont, CA 94536
DAMON L. COVALT, Executor of )
the Estate of JOAN CAROLE i
C.OVALT, deceased, ) CLAIM AGAINST PUBLIC
ENTITY
Claimant, ) Government Code Section 910,
et seq.
V.
CONTRA COSTA COUNTY )
REGIONAL MEDICAL CENTER., )
Respondent. )
CLAIMANT DAMON L. COVALT, as Executor of the Estate
of JOAN CAR.OLE COVALT, deceased, hereby presents this Claim to THE
COUNTY OF CONTRA COSTA pursuant to Section 910 of the California
Government Code:
1. NAME AND ADDRESS M CLAIMANT:
Damon L. Covalt, Executor of the Estate of Joan Carole Covalt
4400 Central Avenue, No. 418
Fremont, CA 94536
Telephone: 510-7139981
_ 1 _
C.0
2. ADDRESSES TO M ICH NOTICES ARE TO BE SENT:
Damon L. Covalt
4400 Central Avenue, No. 418
Fremont, CA 94536
3. DATE, PLACE AND CIRCUMSTANCES OF OCCURRENCE:
On, before and after March 4, 1998, up to and including
April 23, 1998, decedent JOAN CAROLE COVALT was rendered
treatment at Contra Costa County Regional Medical Cuter, 2500
Alhambra Avenue, Martinez, CAA 94553-3156, that at said times
and places, Contra Costa County Regional Medical Center, by and
through its physicians, staff, agents, servants and employees,
failed to exercise that degree of learning and skill ordinarily
possessed by reputable physicians, practicing in the same or a
similar locality and under similar circumstances, failed to use
the care and skill ordinarily exercised in like cases by reputable
members of the profession practicing in the same or similar
locality under similar circumstances, and to use reasonable
diligence in their best judgment in the exercise of skill and the
application of learning, in an effort to accomplish the purpose
for which said physicians and staff were employed; that Contra
Costa County Regional Medical Center owed to decedent the
further duty to have used reasonable care in furnishing decedent
the care, attention and protection reasonably', required by
decedent's mental and physical condition; that Contra Costa
County Regional Medical Center also owed to decedent the
further duty to use reasonable care in selecting a competent
medical staff and periodically reviewing the competency of its
medical staff; that Contra Costa County Regional Medical Center
owed to decedent the further duty to provide, perform, refer,
maintain and supply certain medical, nursing and related
services, supplies, materials, procedures and equipment for the
care, diagnosis, treatment, Lure, comfort and safety of decedent.
4. DESCRIPTION OF INJURIES, DAMAGE AND LOSS:
As a result of the foregoing negligence, decedent died on April
23 ,1998.
5. NAMES OF EMPLOYEES CAUSING INJURY AND DAMAGE:
The identities of all the agents, servants, employees and
independent contractors of Contra Costa County Regional
Medical Center are unknown at this time.
- 2 -
C.6
6. AMOUNT.OF
In excess of $50,000. Jurisdiction over this 'claim will rest in
the Superior Court of the County of Contra Costa.
DATED: August. ��__- 1998
j`
Damon. L. Covalt
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CLAIM C.7-6
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA
BOARD AOT1OSept 22, 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
RTBoard of Supervisors. (Paragraph IV below), given
.vsawmm pursuant to Government Code Section 913 and
915.4. Please noteall "Warnings".
AUG 2 1, 1998
AMOUNT: $254.91 COUMTr COUNSEL
MARTINEZ CAUF-
CLAIMANT: Darcy M. Frank
ATTORNEY: DATE RECEIVED:
ADDRESS: 1342 Rose Street BY DELIVERY TO CLERK ON:
Berkeley CA 94702
BY MAIL POSTMARKED: 24 Aug 1998
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, Cler /
Dated: Aug 26, 1998 By: Deputy
H. FROM: County Counsel TO: Clerk of the Board of Superv's s
( VT 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: 1.2-7• 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:
�7Q This Claim is rejected in full.
Other:
I certify that this is a true and correct copy of the Board's Order e ered in its minutes for this date.
Dated: ,r � r�, .5' PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAHJ NG
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.
Dateds,,2__V�o ` By: PHIL BATCHELOR By Air u y Clerk
CC: County Counsel County Administrator
C.26
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA CaRM
INSTRUCTIONS TO CLAI]MAN'T
A. Claims relating, to causes of action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of.action for death or for injury to person
or to personal property or growing crops and Mich 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 rause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Code 5911.2.)
B. Claims must be filed with the Cleric of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 'Rune Street, Mrtinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be
filed against each public entity.
E., Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this
form.
RE: Claim By ) Reserved for Clerk's filing stamp
1)ALC_ nn r-aAAJ 1�_ ) RECEIVED
AUG
Against the County of Contra. Costa )
or ) CLERK BOARS Or`SttPEVtSy
C�}NTRA C , •
District) COSTA
Fill in name
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ � �-y . 9 l and in support of
this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
2. Where did the damage or injury occur? (Include city and county)
" i ld is r intil�C G.w c -� ad r �vrka CrsSv} �w �sc ;rvv�
3. How did the damage or injury occur? (Give fuU details; use extra paper if
required)
4. What particular act or omission on the part of county or district officers,
servants or .employees caused. the.injury or-damage? i
(over)
Wnat are the names of county or district officers, servants or employees causing `
the damage or injury?
� WA C'Wh .
6.� What damage or injuries dooyou�claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
MT&,O 'D • __ _....._...__.....r...�_.�_ __
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
w...... ..__._._..�__.._ _...__. .____..._..__......_._.__.._.._
B. Names rand raddresses of witnesses, doctors and t.osfitals.
9. List rthe expenditures you made on account of this accident or injury:
DATE _ _ITEM
Gov. Code sec. 910;2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) orb some erson o his.be.half."
Name and Address of Attorney
Claimant's Signature
Address
s
Telephone No. Telephone No. i
N O T I C E
Section 72 of the Penal Code provides:
�
"Every person who, with intent to defraud, presents for allowance or for
cit or district board or
payment to any state board or officer, or to any county, Y --
officer, authorized to allow or pay the same if .genuine, any false or fraudulent
claim, bill.,, account, voucher, or writing, is punishable either borexceeding
yi pisntin
the county jail-for a period of not more than one-year, by
a fine one thousand ($1,000), or by -both such imrisorimenten hoddol3arst and fine.,-orb($100C�Oimprisc,orflbyin
the state prison, by a fine of not exceeding
both such imprisonment and fine.
I
I
..........................
............................................................................................................................................................................................................. ...........................................................................................
CU
AI,DDE gDUM TO THE CLAIM 4F r�
(Print your full name)
( 1) Do you use the roadway as part of a daily commute?
Yes { } No
( 2) were you aware that construction would be commencing on
the roadway?
Yes ( ) No
( 3) Was an alternate route available?
Yes { ) No (. )
(4) Did you read about the impending resurfacing in the local.
newspaper?
Yes ( } No ( )
(5) Did you see warning signs advising of loose gravel and a
25 mile per hour advisory sign?
Yes 06 No ( )
(6) Did the damage result from another vehicle exceeding the
25 mile per hour advisory?
Yes ( ) No Q,\ )
(7) Did a vehicle traveling in the same direction and exceeding
the 25 mile per hour advisory sign attempt to 'pass you?
Yes { ) No ( )
(8) Did a vehicle coming from, the opposite direction cause
gravel to be thrown onto your car?
Yes ) No '( )
( 9) Was the vehicle located directly in front of you exceeding
the speed advisory?
Yes ( } No { )
Attachment to Board of Supervisors of Contra Costa County. Instructions to Claimant
Darcy Mackay Frank
1342 Rose Street
Berkeley, CA 94702
Question 3
I was traveling North/Northeast on Wildcat Canyon Road on the afternoon of Sunday, August 2, 1998 in
my 1992 Jeep Wrangler. I was driving at 20 MPH, belowthe posted construction speed limit of 25 MPH,
as there was an excessive amount of gravel on the road surface and I did not want my car to be damaged.
While I was driving between the Dake View and Quarry picnic sites, an oncoming passenger car, traveling
in the opposite direction, passed me. This car did not appear to be speeding. Gravel was thrown onto my
car, some of which hit the windshield. A large crack was made in the windshield in front of the passenger
which, within minutes, formed into a crack across my entire windshield.
Question 4:
The county was negligent in two respects: First, there was an excessive amount of gravel on the road;
Second, with that amount of gravel on the road, the posted speed limit was too high to ensure that damage
would not be incurred from regular road use. I was traveling at a speed well below the posted limit, and my
car still sustained significant damage to the windshield.The oncoming car did not appear to be traveling in
excess of the posted speed limit either. I believe it is the County's responsibility to maintain safe and
reasonable road conditions at all times, but especially when there is road work underway. I do not think the
County ensured the safety of vehicles and passengers under these conditions.The County should have
cleared the road of the excess gravel, posted a much slower speed limit, or closed that portion of the road
until repairs were complete.
Question 6:
Damage to my vehicle resulted in the form of a cracked windshield(the crack running the length of the
windshield). Two estimates for windshield replacement are attached.The first is from Safelite Auto Glass in
the amount of$254.91. The second is from Bay Cities Glass, Inc. in the amount of$369.02. 1 am asking the
County for reimbursement for the lower estimate of$254.91.
Question 7:
The claimed amount of$254.91 includes only the cost of the windshield replacement. It was the lowest
estimate obtained from the companies listed in the response to Question 6. No furtherdamages or
prospective injury claims are included in this amount.
Question 8:
Witness: Jeffrey C. Kotun
1342 Rose Street
Berkeley, CA 94702
(510) "327-1046
Question 12:
The gravel was thrown onto my car from the left side(the opposite side)of the road. Some of the gravel hit
my windshield. The windshield was cracked immediately upon impact, and quickly spread to the length of
the windshield.
08/10/$8 08 59 (y,510467L731
-SAFELI�� #1.818........ _�}001
t
C.2.b
ME
CUSTOMER SEf�VCCE CEt1IER`I_St3�415-3�'S5
RAXE D ESTI MATE
SAPLLITE AUTOGLASS DATE:
30410 WHIPPLE Rb. ADDRESS:
UNION CCTY', cA_ 94587 CITY:
(sio)456-3555 PHONE?`�/f
FAXfr
YcAR NtAtCE MODEL
Q.T PA T# . CST[3+ LABOR NSK)H
FARTS SUB. TOTAL_
SUB. TOTAL: � 5,
SALES TA` -
TOTAL ESTIMATE: _ G��• !l
THIS IS A WRITTEN QUOTE ONLY
23065 ��/� BAYCITIESGLASS, INC. Remit636,to:�1df Valley, VB Office546
I?�.$OX 7E��i,�882f0 l�ai#$' CA 94�k6
The Bay Area's Complete Glass Replacement Centers www.bayeitiesglass.com
Autos • Stores • Homes y I, C. Z�•
L"Y" 1.(800) 358-4444 NCIA
REP.
AMTIOCH CONCO;U DLE$L!N FAEh#W 11AYWA€D U�tERMORE OAKLAND CO SAN JOSE SAN LFAtvNO SAN MATE0 WALNUT CREEK
767-2800 686.9792 828.3434 75'-6464 481.7#4i: 373-990G 4r# 24G' 233-031 788.7100 361-1275 347.8500 944.9888
CUS3YNU Efi STATE TAX 314 EXEMPTNO. ISMAAER=EJfRA+TAX I.D.N0. JACV.cQOESkESMAN 1.0. JROEFF TAKEN$Y 113S7ALLEr3 3Y F£Dcf?AL TAX I.a,Nf3.
a}
SILL TO: SOLD TO:
PROOFFRANK, DARCY
1342 ROSE STREET
INSURANCE
INSURANCE CO. BQ)ePOLICY NO.
tN$i3RAtd''E CO.
PHONE N0, � ;, s � CLAIM NO.
CAUSE&
POLICY NAME LOSS LOCATION
AGENT NAME nj3— 0yilln W1 VERIFIED BY
AGENT PHONE `s g a as3 of£f DATE OF LOSS DEDUCTIBLE
VEHICLE. INFORMATION
v 3 r9 r
Ux ? xc3 W ran t£ >s a 0 '
a
€ y' 2
Catty Part # Color
-77
1 DWI 141 Green �
Ot
y Part tti>umar Description
WKT 1027 MouIdz ng (As semt)Iy 9,eaIck#
Comments
ID GOOD FOR 30 DAYS
M
,
h
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F�
A SERVICE CHARGE OF 11/2%PER MONTH;18%PER ANNUM)
WILL BE MADE ON ALL BALANCES AFTER 30 DAYS.
LIC CL#4897$6 PAY FROM INVOICE—NO STATEMENT SENT j
NOTICE
fftkfg or pww.;4 g of any tontrt ermatf or reatderftfei yfasa VMS vvis anty.
Vr.( r be M*M&tro'a Lien Law(Celifamia Code of CNN Pratedura.SOClttrn 1161 at W.),>artSr Contractor,atrbp7fl PAMr,laborer,Sup Kw or o9w
tser>w tvno ft"to ftrpxs vow pworly bat it rwipaid Sw M wax or SuppAeS,taxa b ft" wftrc*6 dalm aprthrst your properly,Thi*means
inet afNr a mart twerfr i>Yatrr propesfy oot td be a old b!a court Offimf and pts proceeds of this axle used to MttSly the fndebta&teem This�n
heppefr event#you have paid Your own=111'ttx in tati,#the waDatnir8c3w wborair,or sowiler rarnaft ar+ W,
?spsf!y¢Ned aeaia:ds s:mrcr adMatvas,end tt+a e'st4iW a e oa:t c€.ae aa%aiy€set::a sf tAe aaMcia wa at Say Class aisle,tnc:Wkow vahicls MsitA9CW,;ip rsc..
pRmtand0ord ap.seataats ad 40m.l as aaftud do,na R4tal!aftff o€m$Ste-W3as itr yoat'raS.Tie tore tfite:of tf,e wataats:ar for adhasms ife'w"troj ny the:omparalwa
"Urid!ty witidn-,u&bo 1.2 to 4a,pats or mors nay Gilles(€rasa im nes t,ot raoommorw von dtive your car urdt tna lea arts ar or lifNa+vae used tiara Cured prop8i- fes.? , ,.5�f .x ,;.,
axfe$80a#tst wa.e;auks iC! n this ono year iron 4 p!ns:data of trsta$ntloo"witapt far ruato.pap,damage toytaaa arae).nay Citfss Giaaa Irre is not esP:.aiC;a for any
ver We r"Oft from any axter reaka tetore or situ o'saa w^_rk ran bear.Mmp:ated.:ttt.s h iades ttzpata,dash lasts,etc. 8.25% Tax 2-2� 0
k has bean done to my sattetertion by t WkESY A:{THCIAMZE THE ABOVE REPAIR WORK Tb Be DONE
-,nd payment is'd1 be made directly ALONG WITf.NEGESSSARY NW ER3AL AND:AGAZE TO PAY FOP..Ai:t.'. =Sh
GriAR3ES WKCH ARE KOr COVERED$Y INSURANCE.
TOTALx 369.02]
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CLAIM C-u
BOA-RDBOA-RD OF SUPERVISORS OF CONTRA COSTA COUNTYCALIFORNIA
BOARD A00M. Sept 22, 1998
Claim Against the County, or District Governed by 1
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. ) notice of the action;taken on your claim by the
aEDX(nxsawT Board of Supervisors. paragraph IV below), given
pursuant to Government Code Section 913 and
AUG 19 1998 915.4. Please noteall "Warnings".
AMOUNT: $891,000 + COUNTY COUNSEL
MARTINEZ CALIF.
CLAIMANT: Michael Orona, Kelly Sanders, Raynita Quesada,
Alice Cardona, Estate of Raymond Roach
ATTORNEY: Steven H. Henderson DATE RECEIVED:
ADDRESS: 3024 Railroad Avenue BY DELIVERY TO CLERK ON:
Pittsburg CA 94565
BY MAIL POSTMARKED: _Aug 14, 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: Aug 17, 1998 By: Deputy
II. FROM- County Counsel TO: Clerk of the Board of Supervisors
(V,) 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: Ju�u 6 f !L-/ 1991' By: C �^ 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:
rte) 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: �,o'� _ PHIL BATCHELOR, Clerk, By � , Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice,
AFFIDAVIT OF MAUJNG
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 By putt' Clerk
CC: County Counsel County Administrator
c2j:
.J Y+�' ..97i �.'L'r y} G1SlC✓'�1/ AUG } 7 � yam}141
LiY/ —VG< /�'.�+' e3l/.CJ6�GLAF7d1lG �lF+
August 14, 1998 VIA CERTIFIED MAUL
Clerk of the Board of Supervisors
651 Pine Street
Martinez, CA 94553
Re: Claim Against Public Entity
Dear Sir or Madam:
Enclosed please find the original and one copy of the above-referenced claim. Please
stamp "Received" on the copy and return it to this office in the envelope provided.
If you have any questions regarding this matter, please do not hesitate to call.
Very truly yours,
` Barbara Coates
Legal Assistant
Encls.
C.2
1 STEVEN H. HENDERSON- SB #88620
2 JILL STERN-HENDERSON- SB#148172
Attorneys - Abogados
3 3024 Railroad Avenue
4 Pittsburg, California 94565
510/427-1771
5
Attorneys for Claimants
6
7 CLAIM AGAINST PUBLIC ENTITY
8
9 MICHAEL ORONA, by and through his
10 Guardian Ad Litem, KELLY SANDERS;
f RAYNITA QUESADA; KELLY SANDERS;
11 ALICE CARDONA; and ALICE
I CARDONA as the PERSONAL
12 REPRESENTATIVE of the ESTATE OF
RAYMOND ROACH,
13
14 ! Claimants, WRONGFUL DEATH; MEDICAL
MALPRACTICE
15 vs.
16 CONTRA COSTA COUNTY, DR. LORRE
17 T. HENDERSON, DR. ANTHONY
CHENG and DOES 1 through 10, and f
18 ; DOE CORPORATIONS 1 through 5,
! inclusive,
19 1I
20 ( Defendants.
21
f !
22 Plaintiffs, MICHAEL ORONA, by and through his Guardian Ad Litem; KELLY
23 i SANDERS; RAYNITA QUESADA; KELLY SANDERS; ALICE CARDONA; and ALICE
24 CARDONA AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF RAYMOND
25 ROACH, for causes of action against the Defendants, and each of them, claim as
26
follows:
27 II!
28 ,
1 Public Entity Claim
f
f
E
f
1
2 STATEMENT OF FACTS
3 1. The names and addresses plaintiffs are as follows:
4 a. MICHAEL ORONA, by and through his Guardian Ad Litem, KELLY
5 SANDERS KELLY SANDERS: 400 Bounty Way, Pittsburg, CA 94555
g b. ALICE CARDONA- #4 Rossmoore Circle, Pittsburg, CA 94565; and
7 C. RAYNITA QUESADA: 3267 Claudia Drive, Concord, CA 94519.
g 2. The address to which Attorney Steven H. Henderson desires notice of this
g claim to be sent is as follows: 3024 Railroad Avenue, Pittsburg, CA 94565.
10 3. At all times herein mentioned, each of the Defendants was the agent,
11 servant and/or employee of each of the remaining Defendants, and was at all times
12 herein mentioned acting within the purpose and scope of said agency, service and/or
13 ! employment.
14 4. Claimant, Michael Orona, at all times was a minor who resided with the
15 decedent Raymond Roach, for more than the previous 180 days in the decedent's
16 ! household and was dependent upon the decedent for at least half of his support.
17 0 5. At all times mentioned, Raynita Quesada was the child of the decedent
18 Raymond Roach.
i
19 6. At all times mentioned, Kelly Sanders was the putative and common-law
f
20 1 spouse of the decedent Raymond Roach and was dependent upon decedent for
21 support.
22 7. At all times mentioned, Alice Cardona was the mother of the decedent
I
23 Raymond Roach and was dependent upon the decedent for support.
24 8. On November 18, 1997, surgery was performed on the decedent,
25 Raymond Roach, at Merrithew Memorial Hospital by Staff Surgeon, Lorre T.
26 i Henderson, M.D. and anesthesiologist Anthony Cheng, M.D. The purpose of the
27 surgery was to remedy tracheal stenosis and exertional respiratory dyspnea.
i
28
f 2 Public Entity Claim
1
2 9. Plaintiffs allege that defendants, and each of them, committed medical
3 malpractice during the surgery performed on the decedent, Raymond Roach, on
4 ( November 18, 1997, which proximately caused his death on March 28, 1998.
5 10. Defendants, Dr. Lorre T. Henderson and Dr. Anthony Cheng, were health
6 care providers while practicing as physicians and surgeons in the County of Contra
7 Costa, California. Defendants, and each of them, undertook employment to provide
g surgical treatment to the decedent and to provide the decedent with proper medical
9 care.
i
10 11. Defendants, and each of them, lacked the necessary knowledge and skill
11 to properly care for the decedent's condition, and were negligent and unskillful in
12 j diagnosing and treating that condition. The negligent treatment by defendants, and
I�
13 each of them, resulted in a tracheal tube fire in the esophageal area of decedent which
14 caused a tracheal airway burn and mainstem bronchi, left and right, airway burn. The
15 injuries sustained by the decedent were proximately caused by the negligence of the
16 ' defendants, and further proximately caused the decedent's death following many
I �
17 1 months of suffering by the decedent with continual medical care for the terminal
18 damage the decedent sustained as a result of the tracheal tube explosion.
19 1 12. As a proximate result of the negligence of the defendants, and each of
20 them, each claimant has suffered a loss of financial support, contributions, services,
21 society, comfort, companionship, care, protection, training and advice from the
22 decedent.
i
23 ; 13. Claimants have incurred funeral and burial expenses in excess of
24 I $7,500.00 as a proximate result of the negligence of the defendants, and each of them.
25 ' 14. Additionally, Raymond Roach, the decedent, incurred medical expenses
26 in excess of$541,000.00 between the time of his release from Merrithew Memorial
27 Hospital and the time of the his death at Mt. Diablo Hospital in Concord, California.
i
28 i
3 Public Entity Claim
i
f
C•Z
` 1
2 15. At the time of the presentation of this claim, each claimant claims
g
3es in the amount of:
1 dams
4 a. Special Damages: Medical treatment costs in excess of$641,000.00;
5 funeral and burial costs, and loss of support.
6 b. General damages: $250,000
;
7 Each claimant additionally claims prejudgment interest, attorney's fees and
8 costs, and such other and further relief as the court deems proper.
10
11 Dated: August 14, 1998
QST H. HENDERS{ N
12 Attorney for Claimants
13
I
14
I
15 j
e
16 I
17
18
;
19 `
i
3
20
21
22
;
23
;
24
I
25
26
27
28
4 Public Entity Claim
I
;
C.
1
PROOF OF SERVICE
2
3 I am employed in the County of Contra Costa, California. I am over the
4 age of eighteen (18) years and not a party to the within cause. My business
5 l address is: 3024 Railroad Avenue, Pittsburg, CA 94565.
6 On the date shown below, a copy of the attached document(s):
7 CLAIM AGAINST PUBLIC ENTITY was served on the interested parties in this
8
action by placing a true copy thereof in a sealed envelope, addressed as
9
10 i follows:
11 Clerk of the Board of Supervisors
651 Pine Street
12 'i Martinez, CA 94553
13 ' [ (BY PERSONAL SERVICE) By causing each such envelope to be
14 delivered by hand, as addressed, with instructions that it be personally
served.
15 j f
[ X ] (BY CERTIFIED MAIL) By placing said envelope, with postage thereon fully
16 prepaid for first-class mail, for collection and mailing at my place of business
17 I following ordinary business practice. I am readily familiar with the ordinary
business practice for collection and processing of mail. In the ordinary course of
18 business, mail is deposited with the United States Postal Service on the same
day as it is placed for collection.
19
i
20 ; I declare under penalty of perjury under the laws of the United States that
21 the foregoing is true and correct.
22 Executed August 14, 1998, at Pittsburg, California.
2324
f
BARBARA COATES
25
26
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27
28
I5 Public Entity Claim
CLAIM
Y-QARD OF SUPERUSOIRS OF CONTRA COSTA COUN CA EE NLA
ANIENDED
BOARD-AM 22, 1998
Claim Against the County, or District Governed by )
the Board of Supervisors, Routing Endorsements, } NOTICETO 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
pursuant to Government Code Section 913 and
915.4. Please note all "Warnings".
AMOUNT: $9850.00
CLAIMANT: Ruben and Guadalupe Salinas a
ATTORNEY: DATE RECEIVED: Ct5s.lO-
MAB-T,Ni ,CALIF,
ADDRESS: 2813 Poe Lane BY DELIVERY TO CLERK ON: Sept 1, 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 BATCHED, Clerk
Dated: Sept 2 , 1998 By: Deputy 's
Us 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. j'7"TeZ �" tw ay''}4.:.t'9 EJ Id^k `� l tJ"" %SG--tr,-''£'�KR �•'°`i
.y,,,�,..1
&I�,'d 01)`i .,��i.�i3'�t 3�'�.�e #�'�L', t°'t i�,..-s'"�`��'t. `"�"2s £.�ti}l�C::s"s 2�S t � F..'3''.'�1�i`2f''!1r a i �£' 3�t�:w�"S•".-�
I ice-' x
` . Cili4 ,
r' t
Dated: f - By: eputy 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 t this is a true and correct copy of the Board's Order ent d in its minutes for this date.
Dated PHIL BATCHELOR, Clerk, By -., Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. Your 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 MAR NG
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: 13 V By: PHIL BATCHELOR B X-tId - Deputy Clerk
CC: County Counsel County Administrator
4
s
VICTOR J.WESTMAN DEPUTIES:
COUNTY COUNSEL CONTRA COSTA COUNTY PHILIP S.ALTHOFF
OFFICE OFTHE COUNTY COUNSEL SH tRONCE LMANDERSON
ARTHUR W.WALENTA,JR. ANDREA W.CASSIDYCOUNTY ADMINISTRATION BUILDING VICKIE L.DAWES
ASSISTANT COUNTY COUNSEL 851 PINE STREET,9th FLOOR MAK ELE SD.FAIS
MARTINEZ,CALIFORNIA 94553-1229 ''�' LILLIAN T.FUJII
SILVANO S.MARCHESI DENNIS C.GRAVES
ASSISTANT COUNTY COUNSEL GREGORY C.HARVEYJANET L HOLMES
KEVIN T.K€RR
GAYLE MUGGLI BERNARD L.KNAPP
OFFICE MANAGER EDWARD V.LANE,JR.
MARY ANN MASON
PHONE925 335-1800 PAUL R.Ml>I3tZ
( � PHILIP J.NORGAARD
FAX(925)846-1078 VALERIE J.RANCHE
DAVID F.SCHMIDT
DIANA J.SILVER
BARBARA N.SUYLIFFE
JACQUELINE Y.WOODS
N TICS OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: Ruben& Guadalupe Salinas
2813 .Poe Lane SEP 16 199$
Brentwood, CA 94513 COUNTYzi
MARTINEZ,CAE.R
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:
[ ] 1. The claim fails to state the name and past office address of the claimant.
[ 12. 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.
[ 14. The claim fails to state the name(s)of the public employee(s) causing the injury, damage, or
loss, if known.
15. 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 faits 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
t
[ 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, CountyCounsel
By: Gs
Deputy County Counsel
CERTIFICATE OF SERVICE.BY NLATT
(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§§920,910.2,920.4,910.8)
Page 2
Memorandum RECEIVED
OFFICE OF COUNTY COUNSEL
CLERK BOARD Cr~SUPERVISORS
DATE: August 31, 1998 -PONTRA COSTA
TO: ANI .CERVELLI, CLERK OF THE BOARD
FROM: VICTOR J. WESTMAN, COUNTY COUNSEL
By: Gregory C. Harvey, Assistant County Counsel 1-41
RE: Claim of Ruben and Guadalupe Salinas
Please treat the attached document as an amendment to the earlier filed claim. Thank
you.
CONFIDENTIAL ATTORNEY CLIENT DO-CUMFNT'
C.0
August 24, 1998
Centra Costa County
office of the County Counsel
651 Pine Street, 9th Floor
Martinez, CA 94553--1.229
Attention: Victor J. Westman
Dear Mr Westman:
In February, we filed a "Notice of Intent to File a Claim for
Damages",on our property at 2813 Poe Lane, Brentwood', CA 94513.
We received a letter from your office claiming that our notice
was insufficient and a non-acceptable claim, because we did not
list the date, place and all occurrences and what transaction
transpired in connection with the flooding of our property. We
stated in our letter what the water damaged and the inconveniences
to nee and my family. The following list is the amount to be
claimed.
Two Gars damaged to brakes & floor rugs $ 500.00
Septic Tank flooded Rental/Pumps (3) $180.00
Tow Trucks called 3 times $250.00
Loss on wages/unable to get to work $300.00
2 loads gravel/Aoch R & R $350.00
Kids shoes,/clothing ruined (3) $270.00
Repair to Poe Lane requested $8,000.00
-------------
Totals $9,8.50.00
We request that an amount of $8,000 be stated in our claim for
the replacing of asphalt and foundation of the road that has washed
away. There is a urgent need to replace the read before the winter
months and flooding is again a problem.
The date of these occurrence of the flooding was over a period
of several days beginning February 5th to February 16th, 1998.
This claim is made by, Ruben A. and Guadalupe M. Salinas,
owners of the property (APN# 020190--037-0) at 2813 Poe Lane,
Brentwood, CA 9451.3.
Sincerely yours,
�.o.w..» .. .1� .j.:� . .......��.«...... .....»... .►..e...`t.c..v``"c%'..3 ' 3`���........,�r�.,.,.�C'asp....fr...rr.R.:a�w�''�..�. .,
;(Ruben . alinas) (Guadalupe M. Salinas)
r
CLAIM '
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
SHERIFF
BOARD AODI Sept 2Z 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
RX(ro .v 915.4. Please noteall "Warnings"
AMOUNT: $100,000 Auf, � r 198
SSL
CLAIMANT: Harry Willett MAR NEZ CAUr--
ATTORNEY: DATE RECEIVED:
ADDRESS: 901 Court Street BY DELIVERY TO CLERK ON:
Martinez CA 94553
BY MAIL POSTMARKED: Aug 26, 1998
L FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, Clerk,"
Dated: Aug 27, 1998 By: Deputy
H. FROVL• 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).
00 Other
I 1 fyC # aray, s 'f i 2z12_*fiy C�fC3`6f�rC�r� C Cf -<s� tG' J
F?..sr ,�ei.��£.,-.fi t�t�`3 f " �:'�;�<.'C�.� *'f"��i.• �'"l,,�t l?'1 �.�`f-�-Y"•� ir^�'-r�� i�L°r�('.5��::'i'/�%�J� �r`�I��'..�.
c �
Dated: ._% By: r - , . _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 at this is a true and correct copy of the Board's Order eiiered in its minutes for this date.
Dated r`i`d* PHIL BATCHELOR, Clerk, By , Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAHING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid rtified copy of this Board Order and Notice to Claimant, ddressed to the claimant as shown above.
00
Dated: By: PHIL BATCHELOR By uty Clerk
CC: County Counsel County Administrator
VICTOR J.WESTMAN DEPUTIES
COUNTY COUNSEL CONTRA COSTA COUNTY PHILIP S.ALTHOFF
OFFICE OF THE COUNTY COUNSEL SHARON L.ANDERSON
ARTHUR W.WALENTA,JR. ANDREA W.CASSIDY
COUNTY ADMINISTRATION BUILDING VICKIE L.DAWES
ASSISTANT COUNTY COUNSEL 65.1 PINE STREET,9th FLOOR MARK£S.ESTIS
MICHAEL D.FARR
MARTINEZ,CALIFORNIA 94653-1229 LILLIAN T.FUJII
SILVANO B.MARCHESI DENNIS C.GRAVES
ASSISTANT COUNTY COUNSEL GREGORY C.HARVEY
JANET L.HOLMES
GAYLE MUGGLI BERNARD KEVIN T.KERB
OFFICE MANAGER EDWARD .LANE,R.
MARY ANN MASON
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 UNTIMELINESS
AS TO A PORTION OF THE CLAIM
TO: Mr. Harry Willett
901 Court Street
Martinez, CA 94553
RE: Claim of Mr. Willett
Please Take Notice as Follows.
In regards to the claim you submitted on August 26. 1998, portions of your claim are timely and
portions are untimely. The portions of your claim prior to February 26. 1998 that you presented against
the County of Contra Costa governed by the Board of Supervisors fail to comply substantially with the
requirements of California Government Code Sections 901 and 911.2, because they were not presented
within six months after the event or occurrence as provided by law. Because the portions of the claim
prior to February 26. 1998 were not presented within the time allowed by law, no action was taken on
those portions of your claim.
Your only recourse at this time is to apply without delay to the County of Contra Costa governed
by the Board of Supervisors for leave to present a late claim. See Sections 911.4 to 912.2, inclusive, and
Section 946.6 of the Government Code. Under some circumstances, leave to present a late claim will be
granted. See Section 911.6 of the Government Code.
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.
VICTOR J. WESTMAN, COUNTY COUNSEL
By: � flZ
Monika L. Cooper
Deputy County Counsel
H:\GROUPS\TORT\RISK-MGT\CLAIMS\LATE\W ILLETT
Page 1
......................................................................................................................
...................................
4T31
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;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 Untimeliness as to a Portion of the 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: September 14, 1998,at Martinez,California.
cc: Clerk of the Board of Supervisors(original)
Risk Management
Page 2
....................-....
.......................
..................................................................................................................................................1.11111.11I,......
.. ...................................................................................................................... .........................
C aia,to: BOA= 07 SUPERVISORS OF CONTRA COSTA COUNTY
XXBTRR9210NB TO QLAXU=
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, 1087, must be presented not later than the -tooth 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. (Gov't Code 911.2.)
b. Claims must be filed with the Clark of the Board of Supervisors at its
office in Room 106* County Administration building, 651 Pine Street,
Xartinez, 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. It the claim is against more than one public entity, separate claims
must be filed against each public entity.
X. ZrAud, See penalty for fraudulent claims, Penal Code Sec. 72 at the
end of this form.
RE: Clair By t06�170;1 Reserved for Clerk's filing stamp
Against the County of Contra Costa) L"`.
or
AUG
District)
(Fill in name)
The undersigned claimant hereby makes claim against the Count of
Contra Costa or the above-nazed District in the sun of $ 0:Q U00
and in support of this claim represents as follows:
I. When did the damage or injury occur? (Give exact date and hour)
2. Whore did the damage or injuty occur? (Include city and county)
V
3. Nov did the damage or injury occur? (Givii -full, details; Vs* extra
paper if required)
7 1-7 715-
4 . at -particular act or omission an the part of county or district
officer eZP 0 *as Caused the injury or d �e?
,.7rvants or 1
llama
7o
Lo 0 r'l
<1 f Ve L
r—Ij C ali-C 0 170 C
C
(over)
...........................
..........
"f � f
Gt f�t a � /., ,!( � � J
7d-
"C c
..... �.f: 'ne'f'._ �{�✓!�� Y ,qle� Y.� �1t*.,. :,,!L..Ffi�4T S- �,,�.'. / 4/ kSJ���" .� `fit��.'""'f.�'b��t ."
j
}� a C/U1-0 rzk5 UAB y, �
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:,. : What are the names of county or district officers, servants or
emloees causing the damage ar injury? �rE } :"' ,
r i
/ f•''
a. What damage or injuries do you claim resulted7 ' (Give full extent
of injuries or damages claimed., Attach two estimates, for ato ,
{ ,
damage. ) t' 1 . } 1 #r
7. Haw was the amount claimed above computed? (Include the estimated
amount of any prospective injury, or dama
qe.) 0r., 3S
a. Names and addresses of witnesses, doctors and hospitals.
9. List the expenditures you made on account of this accident or
injury.
L AMOUNT
#!!!�!!i!!!!f ss�r,rli#i#!!rll,�iilritilar�ill,�iii#,eiiil�i#iir�riii#ill:#
Gov. Code Sec. 910.2 provides
"The claim must be signed by the
claimant or by some person on his
N «
Name and Address of Attorney ) 4 vz?
aismant's Signature)
(Address)
c, r �. f
}
Telephone No. 'Telephone No.
#i!!!i!!!i!!i!ll+ti!•i1t!*!i#i#+R!##!i#!!#!i##!i#!!+�!#ill*ti#'!t##li+fii#
X0TXCZ
Section 72 of the Penal Code provides:
Zv*ry person who, with intent to defraud, presents for allowance
or for payment to any state board or officer, or to any county, city
or district board or officer, authorized to allow or pay the same if
genuine, any false or fraudulent claim, bill, account, voucher, or
writing, is punishable either by imprisonment in the county jail for
a period of not more than one year, by a fine of not exceeding one
thousand ($1,000),, or by both such imprisonment and fire, 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.
t
rv-)
� t
r
t"F
CLAIM C.26
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
;Sept 2z, 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
AUG 2 5 1998 915.4. Please note all "Warnings".
AMOUNT: exceeds $25,000 COON;f COUNSEL
MARTNEZ iCALIF.
CLAIMANT: Joaquin W. Silveira
ATTORNEY: Shapiro Buchman LLP DATE RECEIVED:
Robert R. Neller, Esq.
ADDRESS: 1331 N. California. Blvd. Ste 320 BY DELIVERY TO CLERK ON:
Walnut Creek CA 94596
BY MAIL POSTMARKED: Aug 21, 1998
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, Cle
Dated: Aug 24, 1998 By: Deputy
II. FRO11 County Counsel TO: Clerk of the Board of Superviso"
(X) 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: .rG4AIX4� U -L"
cs�. ,�,
Dated: U By: •�yc. Deputy County Counsel
M. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER. By unanimous vote of the Supervisors present:
This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order e ered in its minutes for this date.
Dated: '' PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Clai;an,, addressed to the claimant as shown above.
Dated: ) ` - By: PHIL BATCHELOR Buty Clerk
CC: County Counsel County Administrator
C-z6
h a p s rV Buchman L L P Robert W. Shapiro, P.C. Conference Center
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
J. Erick Dimaianta v <
Robert R. Neller
Eric A. Newsom
Christine L. Chase AUG l
>�
August 21, 1998 Donald S. Honigman
Basil J. Boutris _-,;0,ARD OF
Peter H. Dekker P.C.
t
Of Counsel :w
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Clerk, Beard of Supervisors
County Administration Building
Room 106
651 Pine Street
Martinez, CA 94553
Re : Claim of Joaquin W. Silveira
Our File No. : 1016-0157
Dear Clerk:
Enclosed please find the original Amended Claim Form of Joaquin W.
Silveira.
Very truly yours,
SHAP�RO 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
95330.1 e-mail address: info@sbllp.com
.... ..... .........
................... ....... ......... .... _ _ _...
Clais .to t BOARD CF SVPZRVISOR6 CF CONTRA COSTA CEiVNTY
A. Claims relating to causes of action for death or for injury-to person
or to personal property or growing crops and which accrue on or before
December 31, ,1987, Must be presented not later than the .100th day
after the accrual of the cause of action. Claims relating to causes
of action for death or for injury to person or to personal property
or growing cropsand 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 Faust be
presented not later than one year after the accrual of the cause of
action. (Gov't Code 911.2.)
D. Claims must be filed with the Clerk of the Board of Supervisors at its
office in Room 106, County Administration Building, 651 Pine Street,
Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors,
gather 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 failed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 73 at the
and of this forth.
RE: Claim By Reserved for Clerk's filing stamp
JOAQUIN W. SILVEIRA, an individual )
)
Against the County of Contra Costa)
or )
District)
(Fill in name) )
The undersigned claimant hereby makes claim against the County of
Contra Costa or the above-hazed District in the sum of $ excess of $25,000
and in support of this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
Specific date unknown; continuous with most recent occurrence during winter of 1998.
2. Where did the damage or injury occur? (include city', and county)
_82 Zander Drive and 58 Zander Courts Orinda, Contra Costa County
3. Bow 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. Breach of duty to reasonably investigate, design, construct
and maintain improvements on or about claimant's property in a (over)
workmanlike manner, which breach resulted in landslides causing damage to
. �;. What are the nar of county or district of " ers, servants or
+employees eausinv the damage or injury? ,Zb
Unknown.
6. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage.)
See attached•
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
- Specific amount undetermined. --
8. Names and addresses of witnesses, doctors and hospitals.
9. List the expenditures you made on account of this accident or
injury.D=
'TIME AM=
Undetermined at this time.
} Gov. Code Sec. 910.2 provides
"The claim must be signed by the
claimant or by some nerson 'on his
T-0: e
Name and Address of Attorney } �`
Robert W. Shapiro, Esq. ) =Y
Robert R. Neller, Esq. attire
SHAPIRO BUCM10 LLP }
1331 N. California Blvd. , Ste. 320 } SHATSTRO BITCHMAN TTP
Walnut Creek, CA 94596 } (Address)
} 1331 N. California` Blvd. , Suite 320
} Walnut Creek, CA 94596
Telephone Nc.{925} 988-4988T _8 No. {925 988-4988
NOTION
Section 72 of the Penal Code provides!
Every person when, with intent to defraud, presents for allowance
or for payment to any state board or officer, or to any 'county, city
or district board or officer, authorized to allow or pay the same if
genuine, any false or fraudulent claim, bill, account, voucher, or
writing, is punishable either by imprisonment in the county jail for
a period of not more than one year, by a fine of not exceeding one
thousand ($1,000) , . or by both such imprisonment and fine, or by
imprisonment in the state prison, by a fine of not exceeding, ten
thousand dollars ($10,000, or by both such imprisonment and fine.
General description of the accident or occurrence
A major slide recently occurred which caused settlements and
lateral movements over an area extending from the 'west side of
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 long.
General description of the lass, injury or dame suffered
58 Zander Court - This property is improved by a residence, 900 of
which is located on top of the global slide mass. The north wing
was held in its original location by only approximately 10k 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.
93947.1
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