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MINUTES - 09211999 - C50
CLAIM BOARD YISOM OF CfI iMA CCISTA. CO=,_!C,AL1EnRNI I MARD ACTit aEMI 213_1999 Claim Against the County, or District Governed by } the Guard of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of tNs docur wt mailed to you is your California Covernrrent Godes. 1 Notice of the action taken on your daim by the Board of Supervisors. (Paragraph IV beiovu), liven M Pursuant to Govemnnent Code Section 913 and V 915.4. Please crate all "Warnings". AMOUNT: In Excess of $1,000,000.00 AUG2 0 1999 ca AIMANr. Dennis E. Baca MAPTINEZ,CALIF, ,ATOR,NEy: Louis F. Schofield DATE RECEIVED: August 20, 1999 Schofield & Schiller .ADDRESS: Attorneys at Law gy DELIVERY To CLERIC ON: __ August 20, 1999 201 North Civic Drive, Ste. 1200 WAlnut Cree CA 94596 By MAIL POSTMARKED:. Overnight Utter ,I.. IROM Clerk of the Board of Supervisors TU County Counsel Attached is a copy of the above-noted claim. August t 20 1999 FML B CSE+ Clerk .. ' 9: g By: Deputy IL IRONi: County Counsel T. Clerk of the Board of Supervisors IV t This clanTomplits subAantially with Sections 918 and 918.2. ( ) This claim FAILS to comply substantially with Sections 918 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 918.8). ( ) 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: 15 r J' felr2 v �d re /1�a Dated By' uty County Counsel 1IL FROIv Clerk of the Board iice%to nty Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with claimant (Section 911.3). rV,: BOARD ORDEM By unanimous vote of the Supervisors present: This Clain 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: 1 c'[" PML BATCHELOR. Clerk, By D7cputy Clerk WARNING (Gov. code section 13) 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. Set 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 MAIMG 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. Dattel�1` By: PHIL BATCHELOR By Ikputy Clerk cc.- Cowity r 4 nweI County A iminia rotor SCH+OFIELD & SCHILLER ATTORNEYS AT LAW OF COUNSEL A PROFE5SIONAL LAW CORPORATION ISRAELS&BRINK CIVIC EXECUTIVE CEN'S'ER TELEPHONE: 925-934-3600 San Joaquin Valley office: 201 N.CIVIC DRIVE,SUITE 120 FACSIMILE: 925-934.2257 1500 J Street,P.O.Box 1637 WALNUT CREEK.,CALIFORNIA 94596 Modesto,California 95353 209-572-1130 Fax 209-572-1134 Reply to: Walnut Creek August 19, 1999 Contra Costa County AUG 2 0 1999 Clerk of the Board of supervisors 1. 651 Pine Street, 1St Floor Martinez, CA 94553 Re: Claim of Dennis E. Baca Dear Clerk: Enclosed please find CLAIM AGAINST THE COUNTY OF CONTRA COSTA, OFFICE OF THE DISTRICT ATTORNEY. Veryiy yours, ,. LOUIS F. SCHOFIELD bf` LFSIIJ Enclosure cc: Dennis E. Baca LOUIS F. SCHOFIELD, Esq. {#48633} SCHOFIELD & SCHILLER 201 North Civic Drive, Suite 120 Walnut Creek, California 94596 (925) 934-3600 Attorneys for Claimant Dennis E. Baca CLAIM AGAINST THE COUNTY OF CONTRA COSTA OFFICE OF THE DISTRICT ATTORNEY TO: COUNTY OF CONTRA COSTA, OFFICE OF THE DISTRICT ATTORNEY CLAIMANT'S NAME: DENNIS E. BACA CLAIMANT'S ADDRESS: 5139 Port Chicago Hwy. Concord, CA 94520 CLAIMANT'S TELEPHONE: 925-687-3400 TYPE OF CLAIM: Conversion, Abuse of Process, Harassment ADDRESS TO WHICH NOTICES ARE TO BE SENT: LOUIS F. SCHOFIELD, Esq. SCHOFIELD & SCHILLER 201 N. Civic Drive, Suite 120 Walnut Creek, California 94596 925-934-3600 FARC: 925-934-2257 DATE OF OCCURRENCE: November 1998 to and including August 2, 1999 PLACE OF OCCURRENCE: Contra Costa County HOW DID THIS CLAIM ARISE? During support proceeding entitled Darden v. Baca, CCC Superior Court Action No. 281436, Deputy District Attorney Thomas Romero caused to have collection procedures undertaken contrary and in violation of court orders and in violation of temporary restraining orders against the Contra Costa District Attorneys Office, including the seizure of$5,606 from Claimant's bank account, and, on May 24, 1999, the seizure of$8,449 from Claimant's tax refund. In addition, and in further violation of court orders, Mr. Romero caused the Department of Motor Vehicles to issue a suspension notice of Claimant's drivers license. Claimant incurred thousands of dollars in legal fees and expenses in attempting to rectify and correct Mr. Romero and the District Attorney's errors and obvious wilful and intentional acts intended to embarrass and harass Claimant. Finally, on J.une 7, 1999, the Court issued its Notice of Decision, including a continuation of the previous Order against the Contra Costa District Attorneys Office staying enforcement of any temporary support order and providing for the payment by Claimant of the support determined by the court by June 15, 1999. On June 15, 1999, Claimant timely paid the remaining balance of child support by check payable to the Auditor-Controller which was cashed and deposited. Thereafter, the L. O'Brien, Family Support Division Caseworker for the District Attorney's Family Support Division, informed Claimant by letter dated July 21, 1999 that "...your case is being closed for the following reason(s): ...All children have reached the age of majority and there is no arrearage balance. Your account has been paid in full." Notwithstanding, Claimant continued to receive demands from the District Attorney's office for alleged support arrearage and again threatening to seize Claimant's drivers license. Despite repeated requests to Deputy District Attorney Thomas Romero to rectify the mistakes, he wilfully and with the intent to vex, annoy and harass Claimant continued to allow agencies of the County to make demands and to seize monies from Claimant's accounts, including a seizure of$13,494.41 from Claimant's bank account with the Bank of Walnut Creek, Walnut Creek Branch, Certificate of Deposit 401- 016671 on August 5, 1999, which, in essence, they have seized double payment from Mr. Baca's bank accounts and tax refund to satisfy the one order. AMOUNT OF CLAIM: Injunctive relief restraining further collection efforts; return of monies seized including the sum of$13,490.41; loss of interest thereon, payment of pre-payment withdrawal penalties, attorneys fees, general damages in the amount of $1,444,044, plus exemplary damages against Deputy District Attorney Thomas Romero, Esq., according to proof. Dated: August L, 1339 Respectfully submitted, SrCMEI-R,&,� rR by I".ouis� o"ieI � t!� � � rata L _ -Centra t Ofilve of District Attorney Costa Family Support Division: Gary T. Yancey, District Attorney 50 Douglas Drive, Suite 100 � Gayle Elaine Graham, Director Martinez, California 94553-8507 County Senior Deputy District Attorney Phone: (925) 313-4200 FAX: (925) 313-4221 Admin. 313-4338 Legal r- -� 313-4222 Case Work 1 }° 313-4337 General September 2, 1999 I- # 313-4295 Fiscal Louis Schofield SEP 0 8 1999 1 VIA FAX: (925) 934-2257 177.1 RE: Baca, Dennis Claim Against County Dear Mr. Schofield: Thank you for the faxed copy of the FTB Order to Withhold. This document will complete our records in the Baca case folder. I must stress that neither I or the Family Support Division have a "vendetta"with Mr. Baca. I personally requested that this case be closed on July 1, 1999 when I received the filed Order After Hearing which you prepared for Commissioner Liddle's signature. I thereafter specifically requested that Mr. Baca be removed from all intercept programs (such as tax intercept and FTB Program), all liens be removed, that a satisfaction of judgment be prepared, and all enforcement actions cease. What 1 discovered however, is that, despite the immediate response to my request by the appropriate collections officer, many of the actions required to cease enforcement and collections, and to close a case are computer generated, and do not immediately take effect. It is in light of the foregoing that I have instructed Senior Inspector Ted Spyrow to personally deliver the warrant in the amount of$13,090.01 to Mr. Baca's offices located at 5139 Port Chicago Hwy in Concord. That warrant will be delivered between 12:00 PM. and 5:00 PM. on September 3, 1999, or between 12:00 PM. And 5:00 PM. on September 6, 1999, at the very latest. Please advise if this arrangement is suitable both to yourself and Mr. Baca. Very truly Yours, GARY T. YANCEY District Attorne Thomas Romero Deputy district Attorney cc: Gary Yancey Board Of Supervisors Centra l - Offic . cif District Attorney Gary T. Yancey, District Attorney Costa Family Support Division 50 Douglas Drive, Suite 100 Gayle Elaine Graham, Director Martinez, California 94553-8507 County Senior Deputy District Attorney Phone: (925) 313-4200 FAX: (925) 313-4221 Admin. 313-4338 Legal 313-4222 Case Work 313-4337 General October 5, 1993 313-4295 Fiscal Louis Schofield Attorney at Law VIA FAX: (925)934-2257 RE: Baca, [Dennis y OCT 1999 ' Claim Against County -: Dear Mr. Schofield: __,._...., Attached please find a copy of fax sent me by Mr. Baca requesting payment of the $13,090.01 collected by the FTB. In the fax Mr. Baca acknowledges receipt of the warrant in the amount os$1,120.32 as and for payment of costs and fees incurred in the matter. As I previously advised you by way of letter dated September 3, 1999, the $13,090.01 warrant was hand- delivered to Mr. Baca's business address on that date but was refused. As indicated, the warrant was then sent via U.S. Mail. I am now informed that the certified letter went unclaimed during the entire month of September despite numerous attempts by the Post Office to deliver the certified letter to Mr. Baca at his business address. In light of the efforts by this office in this regard, I have been left with little choice but to forward the war- rant to Deputy County Counsel Gregory Harvey who has been assigned the claim which you filed; please contact him about the warrant. I have done all I can to get the monies to Mr. Baca. Very Truly Yours, Gary T. Yancey District Attorney Thomas Romero Deputy Distri ttorney cc: Gary Yancey Board of Supervisors CLAIM BOARD f'nt: SUPERVISORS DE [`ON71 l�A ["STA EY?I.T�TT'Y. CAL MAXM,� VA 17�1 LillT 11z 1J BOARD AC»il SE 'IK�B R 21, 1999 Maim Against the County, or Dstrict Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this +domrrient mailed to you is your California Government Codes. notice of the action taken on your claim by the Board of Supervisors. (Pwagraph IV belov4, given pursuant to Govermnent Code Section 913 and z 915.4. Please nate all `Warnings". AUC AMOUNT. $500,000.00 Coy}v..y COUNSEL MART!NZCAUF. CL41MANT: Edson Camarena ATTORNEY: Elliott Friedman, Esq. DATE RECEIVED: August 19, 1999 ADDRESS: law Offices of Elliott FriedmanBYDELIVERY TO CLERK ON: Au qst 19» 1999 11100 San Pablo Avenue, Ste.200B El Cerrito CA 94530 BY MAIL pOSrMAR : Hand-Delivered L FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. PHIL BA EER, CIe� Dated: August 191 1999 By: Deputyt .A=�('1C II. FRONL- County Counsel 7U 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 to 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. Lhrted: 3 By iuty County Counsel III. FROM Clerk of the Board TOh unty Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV, BOARD ORDE FL 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. Bated: j 16-'12.PHIL BATCHEW& Clerk, By Deputy Clerk WARNING (Gov. code sectio 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 blAILNG 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: PHIL BATCHELOR By Qa_71_1227� Deputy Clerk CC= C4MW CMMI County administrator VICTOR J.WESTMAN oEPurrEs: PHILLIP S.ALTHOFF COUNTY COUNSEL JANICE L.AMENTA NORA G.BARLOW B.REBECCA BYRNES SILVANO S.MARCHESI ANDREA W.CASSIDY CONTRA COSTA:PANTY MONIKA L.COOPER CH IEF ASSISTANT COUNTY COUNSEL *� �i lw�.t� { V4CKiEL.DAWES OFFICEOF tH�` >�1� OUNSE „ MARKES.ESTIS SHARON L.ANDERSONMICHAEL D.FARR IS TRA ,.: LILLIANT.FUJII ASSISTANT COUNTY COUNSELty # DENNiS C.GRAVES # �vTYI`ry JANET L.HOLMES GREGORY C.HARVEY MAF'��'�EJ�{ } ,t`tA�1� { Ii$ ,12`29 KEVINT.KERR BERNARD L.KNAPP ASSISTANT COUNTY COUNSEL EDWARD V.LANE,JR, BEATRICE LIU MARY ANN MASON GAYLE MUGGLl PAUL R.VALERI MJ RAINCHE OFFICE MANAGER STEVEN P REi"3'iG DAVID F.SCHMIDT DIANA J.SILVER PHONE(925)335-1800 BARBARA N.SUTLIFFE FAX(925)645-1078 JACQUELINE Y WOODS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Elliott Friedman, Esq. Law Offices of Elliott Friedman 11100 San Pablo Avenue, Suite 200E El Cerrito, CA 94530 RE: CLAIM OF: Edson Camarena 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. [ ] 6. The claim is not signed by the claimant or by some person on his behalf. Page 1 IX 1 7. Other: The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim. Contra Costa County does not control, maintain or have any responsibility for Somersville Road or Highway 4. VICTOR.J. WEST�IMAN, County Counsel By. puty Cou t �ounsel 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 23, 1999,at Martinez,California. C_...--ems..+►--� { ct,.r cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,9111.8) Page 2 GOVERNMENT CODE CLAIM TO: COUNTY OF CONTRA COSTA R. CEIE AUG 191 OUR CLIENT & CLAIMANT: EDSON CAMARENA `;Cc'r `} "' - t ' DATE OF INJURY: FEBRUARY 22, 1999 PLACE OF INJURY: Cerner of Somersville Read and Highway 4. Two feet east of Somersville Road. DESCRIPTION OF INCIDENT: Claimant Camarena was hit on his bicycle while crossing at intersection. There was insufficient pedestrian and bicycle lanes and facilities for bicyclists to negotiate this area. There was also insufficient warning to bicyclists and pedestrians on this road. NATURE OF DAMAGES: Liver laceration and fracture of the right lobe of the liver, bilateral multiple rib fractures, right hemothorax, flailed chest, multiple lacerations and contusions, spinal and neck injury. AMOUNT OF CLAIM: $500, 000 . 00 ATTORNEYS TO WHOM NOTICES SHOULD BE ADDRESSED: Elliott Friedman, Esq. Law Offices of Elliott Friedman 11100 San Pablo Avenue, Suite 200B El Cerrito, CA 94530 (510) 234-1616 DATED: August 17, 1999 Elliott Friedman Attorney for Claimant PROOF OF SERVICE BY MAIL I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred. My address is . 11100 San Pablo Avenue, Suite 200E El Cerrito, California 94530 I served the foregoing Government Code Claim by enclosing a true copy in a sealed envelope addressed to each person whose name and address is given below, and depositing the envelope in the United States mail with the postage thereon fully prepaid on the date and place as shown below'. Contra Costa County, Risk Management, 2530 Arnold Dr. , Ste. 140 Martinez, CA 94553 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on August 1999, at El Cerrito, California. 0 i J b YS 4 CLAIM BQAED QESLn'E&)aSflRS OF CMM3A 0)STA CY)1=-CALIFORNIA WARO AM=—IME-BER 21, `1999 Claim Against the County, or District Governed by } ft Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section teferences are to } The copy of this document nailed to you is your California Government Codes. ► notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below?, given scant to Govem ent Code Section 913 and 915A. Fbase note all "Warnings". AMOUNT: $1,000,000.00 AUG 19 1 COUN'-r/COUNSEL CLAIMANT: Patrick M. Donaghue MAR'':'€:NEftZ CALlF- ATTORNEY: Gregory Plaskett DATE RECEIVED: August 18, 1999 ADDRESS: 24 Florida. Street BY DELTVERY TO CLERK ON: _,_AuglIst„1$., 1.992 Vallejo CA 94590 BY MAIL POSTMARICED: Aug u g _ 17, 1992 L IFROM: Clerk of the Shard of Supervisors M County Counsel Attached is a copy of the above-aoted claim. PHIL BATCHEW& Cle Dated: August 19, 1999 By: Deputy IL FROM County Counsel TO. Clerk of the Board of Supervisors (X This claim complies substantially with Sections 910 and 414.2. ( ) This claim FAILS to comply substantially with Sections 410 and 910.2, and we are to 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 it late claim (Section 411.3). Other: -- - — Dated: Zffzcy,!L���e�unty Counsel 3 M FROM: rk of the Board ., unty Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). TV. BOARD ORDEM 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. Date , `1 PHIL BATCHELOR. Clerk, By Q71711, Deputy Clerk WARNWG (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 445.6. 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. `- AFFIDAYIT OF MAIMG 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. bated•. - x - 117 By: PHIL BATCHELOR By Deputy Clerk Cc- C nay Counsel County Adtsuaistmtor PATRICK. M. GENERAL CONTRACTOR LICENSE# 378320 K s „C Fa: . August 171, 1999 a AUG 18 1999 Clerk, Contra Costa County 77P PIP- ;�Vit;;,fig v;35 Board of Supervisors CON MA k"OSiA 651 Pine Street, First floor Martinez, CA 94553 RE: Claim Notification, Juvenile Hall Renovation, Tamalpais Wing, 202 Glacier Drive, Martinez, CA (WH399B) Dear Clerk, Patrick M. Donaghue General Contractor (PMDGC) submits this claim for payment of money or damages arising from work done at the Juvenile Hall Renovation, Ta7nalpais Wing, 202 Glacier Drive, Martinez, CA (WH399B). On August 10, 1999, the Contra Costa County Board of Supervisors declared PMDGC to be in material breach and default of my contract dated December 1, 1998 to renovate the Tamalpais Wing of Juvenile Hall and they wrongfully terminated the contract. This wrongful termination of my contract will cause me to lose profits from the project, credibility in the construction community, will damage my ability to contract, will cause my bond company to incur large expenses I must reimburse, and will subject me to business devastation. This wrongful termination came about in part because of improper actions of O'Brien Kreitzberg, the construction manager. At present the amount of the claim is unknown but losses could exceed $1,000,000. 1 desire notices regarding this claim be sent to my attorney, Gregory Plaskett, 24 Florida Street, Vallejo, CA 94590, phone 707 645-1455, fax 707 645-14. I reserve the right to amend this claim as necessary as the true facts become known, as true costs become known, and as the trite identities of the public employee or employees causing the injury, damage, and loss become kno . Vr truly yours, x atrick M. Donaghue c: Jon Porterfield, O'Brien Kreitzberg George E. Roemer, Senior Deputy County Administrator Ernie Ulibarri, Insurance Company of the West Greg Plaskett, Esq W (707) 746-1721 Fax (707) 746-6416 ivww.donaghue.coni 250 West Channel Road #H, Benicia, California 94510 ro � � a c C tb 9� 0 ow 4i ,r e ,F 1� :w ?h a' XWise 11G` y l\ � f ✓" s-x=F3 P--��ATR[CK M. GENERAL CONTRACTOR LICENSE # 378320 }'SP1EN-{.REi�SERC August 17, 1999 Clerk, Contra Costa County Board of Supervisors 651 Pine Street, First Floor Martinez, CA 94553 RE: Claim Notification, Juvenile Hall Renovation, Tamalpais Wing, 202 Glacier Drive, Martinez, CA (WH399B) Dear Clerk, Patrick M. Donaghue General Contractor (PMDGC) submits this claim for payment of money or damages arising from work done at the Juvenile Hall Renovation, Tamalpais Wing, 202 Glacier Drive, Martinez, CA (WH399B). On August 10, 1999, the Contra Costa County Board of Supervisors declared PMDGC to be in material breach and default of my contract dated December 1, 1998 to renovate the Tamalpais Wing of Juvenile Hall and they wrongfully terminated the contract. This wrongful termination of my contract will cause me to lose profits from the project, credibility in the construction community, will damage my ability to contract, will cause my bond company to incur targe expenses I must reimburse, and will subject me to business devastation. This wrongful termination carne about in part because of improper actions of O'Brien Kreitzberg, the construction manager. At present the amount of the claim is unknown but losses could exceed $1,000,000. I desire notices regarding this claim be sent to my attorney, Gregory Plaskett, 24 Florida Street, Vallejo, CA 94590, phone 707 645-1455, fax 707 645-14. 1 reserve the right to amend this claim as necessary as the true facts become known, as true costs become known, and as the true identities of the public employee or employees causing the injury, damage, and loss become kno . V truly yours, �s�ACC . atrick M. Donaghue c: Jon Porterfield, O'Brien Kreitzberg - -�---- - ---� Ei C George E. Roemer, Senior Deputy County Administrator Ernie Ulibarri, Insurance,Company of the West Greg Plaskett, Esq f 5UF m (707) 746-1721 Fax (707) 746-6416 w vvw.donaghue.cont 250 West Channel Road #H, Benicia, California 94510 MAIM 1110AEU CFF SUPE MSORC QE CQM.A MSTA Ml= CALMEMA BOARD ACTIM SEF`aBER 21 1999 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 beloM, liven pursuant to Government Code Section 813 and 815.4. please note all "Warnings". AMOUNT: $20,000.00 ' CLAIMANT: Keith Ottis Dukes <z�° �u � t tu,AS �N-2 CALII~< ATTORNEY: DATE PXCE3VM. August 18, 1999 ADDRESS: 440 West Eigth Street BY DEL IERY 70 CLERK, ON: AArlp-up18. 1999 Pittsburg CA 94565 BY MAIL POSTMARKED: August. ,-,5. 1999 L FROM: Clerk of the Board of Supervisors M County Counsel Attached is a copy of the above-noted claim. PHIL$A LOR, Clerk Dated: L us t 19, 1999 By: Deputy D. 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 to 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: $y:� 2HDeputy County Counsel IM FROM Clark of the Board unty Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDEM 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, Cleric, By v a' ,e, 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 Ala+ill.DlVG 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: - t ` By: PHIL BATCHELOR $y � %� Deputy Clerk CC: County Counsel County Att-ainistmtor NOTICE OF CLAIM AGAINST THE COUNTY:-OF CONTRA COS A. {Government•.Code.;ss 910, 9i•0. } A i }9 - 991 Return to: County Clerk's Office 653. Pine Street s Martinez, CA 94553 Phone Numbers CLAIMANT NAME: J, zir- + CLAIMANT'S ADDRESS:N :. "f , r Street City State ._... Zip Code NAME AND 'ADDRESS OF PERSON TO'{WHOMOTICES REGARDING THIS CLAIM SH0't1x D',BE SENT {if `differe`nt than'.above} : � - DATE OF TIDE ACCIDENT .OR OCCURENCE t � � � J' + PLACE OF. THE ACCIDENT OR �OCCURENCE GENERAL DESCRIPTION, OF .THE ACCIDENT OR OCCURENCE {attach additional pages if more space is Bedded): NAMES IF 4WN J JFANY LPULIC E EES =CAUSING T E I.JV.URIY OR S1 . ' t NAMES AND ADDRESS OF. ,WITNESSES NAME ADDRESS TELEPHONE 2 . NAME AND ADDRESS OF. DOcirORS, HOSPITALS WHERE TREATED: NAME ADDRESS ) TELEPHONE 2 . GENERAL DESCRIPTION OF 'THE LASS, INJURY OR DAMGAGE SUFFERED: ................. �L AMOUNT CLAIMED: BASIS OF. COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: Damages incurred to, date; Yi Medical Expenses* $ Loss of Earnings: Special -damages '..f or: . . .(Attach Copies if available) e the f a, the undersignedt tTft -declare under, penalty, of.:perjury that I/we f ��.havthat oiot7egbing -'claim.',for -damages -.andknow the.,.contents.,thereo :1 same is .true of-- �/our-own -knowledge.,and belief, save :and .except -as those matters wherein 'stated .on Iinformation. andbelief, and .as to ,n, I/we believe it ,to. be true ED: iman .( gfiature'.of. Cla.... eived ..- . :at y .un . ,-, ,C, l I e rk.16.'Offide "this .day of CLAIMS RELATED :.TO :INJURY:,TO.'PERSON PRPERSONAL.-PROPERTY,,.. THIS .:.FROM` -THE ;T BE FILED WITH THE Co.':Ca COuntY WITHIN �:.1.80,.- Ina RUL OF THE CAUSE OF ACTION. A CLAIM RELATED TO-ANY OTHER CAUSE OF.IA ' 7ION 'sHALL BEPRESENTEDNO LATER THAN ONEYEAR AFTER ACCRUAL' OFTHE_ JSE OF ACTION-._`, ................ . ........ . . ........................................ . . ..................... ..... ............................ ............. ......................................... ............... ............... ............„.... ......: t.... .. ....». ...,..,:. .... ... ----- ........ ... ._. . .... t ..f ` ..... .... ... ......: �� �s� ...... ......... ........ _._._. .._._...._ _... ..... ---- -------- F----------- . F: . ° ,.: ...... r...... ......... ' . ... ... :� - ::. .� ss' ...... W .. a« .a ' � . . . ...... z� z�.a' ...._: .......... 3 ....... a ..... --- � ..... ........... 004 ----------------------------------------------- y _ .. .. . ,. ------------------------------------------------------------------------/ ...... . .. . ............................................. ' w �`�` ... eJ ,{ff! ..,.hews^�..Y .. . . y �{s.. -.. ... ----------------------------------------------- .' � Y f uwe '0°' .. ........., 0.. .. ;.. :.-------------------------------------------------- ................ ... ... s ........ . . .r2� e......... ......... i 3 , M f V d � ti` fi L } Lu r 4 02 CLAM ]BOAOF SITPFR "SC3►RS OF CQMA STA CQLII4'Ti'. ATEtl MA EMD-AM September 21, 1999 Claim Against the County, or District Governed by l the Board of Supervisors, Routing Endorm ants, 1 NOTICE TO CLAIMANT and Board Action. All Section references are to y The copy of this decurrent rrdilad to you is your California Goverment Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph 1V baloiM, given 3 pursuant to Goverment Code Section 913 and 815.4. Please note ail "Warnings". AMOUNT. Nome Stated �'�``6 1 , � " �_ w CLAIMANT: Renwick Gibbs CU";ry�j Z CSI Fa ATTORNEY: DATE RECEIVED. August 10, 1999 ADDRESS: Martinez Detention Facility BY DELTYERY TO CLERK ON: u, xs 0; 19�94- 901 Court Street, B#14 Martinez CA 94553 BY MAIL POSTMARKED. Transmittal — L FROM Clerk of the Board of Supervisors 711 County Counsel Attached is a copy of the above-noted claim. August 10, 1999 PHIL BA R, Clerk Dated: By: Deputy ` IT. FROM County Counsel TO: Clerk of the Board of Supervi s { � This claim complies substantially with Sections 910 and 914.2. ( \} This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 clays (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: A.n f Dated: Deputy County Counsel in FROND: C erk of the Board County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). TV. 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-J� /e PHIL BATCHELOR, Clerk, By -�- % Deputy Clerk 11/Z a 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 trail to file a court action on this claim. See Government Code Section 945.6. You may seep 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'Obis Notice. AFFIDAN7T OF hIA,II: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 CIaimant, addressed to the claimant as shown above. Dated: ` By: PHIL BATCHELOR B „ Deputy Clerk cc qty Cnemsel Tay S }f � �, � :.. ... fvd .� s f �*% f ` ' ' �, ..�- ,.may �. ` . .. 3 �°"..`.:. ....... 11-4 ' � ;: . X ................... .. . f w.. . . . .. .. '�v`1 F l ( . 5' j ;. ° ................. . ..:.. ... .... ....................................... AVG �....................... sI : .... . ...... ... ...... ' ...... .. .............................................................................................................................................. ::: .... .. .. ......... .............. ... ...s f y ,l� i f \ { l CLAIM BOARD ACTS Soptemberll, 1999 Claim Against the County, or District Governed by NOTICE TO CLAIMANT the Board of Supervisors, Routing Endorsements, } and Board Acton. All Section references are to } N ropy of this dommmt mailed to you is your California Government Codes. ) notice of the action taken on your dairn by the Board of Supervisors. (paragraph IV belovO, liven 4 pursuant to Governnont Code Section 913 and s : 815.4. Please nate all "Warnings". AMOUNT: None Stated CLAIMANT. Renwick Gibbs 3,�F►R ATTORNEY: DATE RECEIVED. August 10, 1999 ADDRESS: Martinez Detention Facility BY DELIVERY TO CLERK ON: kizilat 1-0, 1, 993_-9 901 Court Street, B# Rm. 14 Martinez CA 94553 BY MAIL POSTMARKED: Transmi t tl 3. »ROft Clerk of the Board of Supervisors 7T3►: County Counsel Attached is a copy of the above-noted claim. PHIL BA R, CIe Dated: By: Deputy r �` U. FROM- County Counsel M. Clerk of the Board of Supervisf6rs This claim complies substantially with Sections 910 and 918.2. } This claim TAILS to comply substantially with Sections 910 and 918.2, and we are so notifyi tg 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: B : Deputy County Counsel M. FROM : Clerk of the Board unty Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant {Section 911.3}. IV BOARD flRD�: By unanimous vote of the Supervisors present: This Claim is rejected in full. } Othen I certify that this is a true and correct copy of the Board's Carder entered in its minutes for this date. Dated: r �2 T---PHIL BATCMWR. Clerk. By Deputy Clerk WARNING (Gov. code secti 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 `..ode 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 mediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAIJw G I declare snider 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:/O . „?� By: PHIL BATCHELOR BY_4 � pu Clerk CC: Canty C==1 County Adnm nistmtor j . : ............ 4 ....... ........ ..........................................- yy j) y --..... ...... -g{ .......-{ - -----------$'ie,, r�•✓ � y"�;. .. � �': s' �{ate" "bp'•`f '4 iK x{ .................................. f , .. ... .... .. .................................. ........................ OF 40 k a t : ` f Y J �� - � e a r .,.... :. ;. t , ` n ........ .. . . . .. . Aw CLERK BOARD,.r'sir cr c�..:. .................... ............................... <f .i ..............._. .__...._ iz 0 Kc z , r . t1 CA bo s CLAIM CIS BQAM OF SLTERUSC3R�` OF CONMIA_ STA_ CTI\QTY. CAI:TFOM A BOARD ACTIO I Se-Ptember 21,.:1999 Claim Against the County, or District Governed by 1 the Board of Supervisors, Routing Endorsements, y NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this dat.urnent mailed to you is your California Government Codes. t (notice of the action taken on your claim by the Board of SMrvisors. {Paragraph IV belov4, liven rsuant to Government Code Section 913 and 915.4. Please note all "Warnings". �z AMOLNT: None stated , r EL CLAIMANT: Renwick Gibbs 0o �S oCU�L t4S"`, _ ATTORNEY: DATE RECEIVED: August 10, 1999 ADDRESS: Martinez Detention Facility BY DELIVERY TO CLERK ON: August 10, 1999 901 Court St. , B Module, Rm. 14 Martinez CA 94553 BY AIL POSTMARKED: Transmittal .M L FROM: Clerk of the Board of Supervisors 'TA. County Counsel Attached is a copy of the above-noted claim. Dated: August 10, 1999 PHIL BA R., Clerk, , By: Deouty�.. IL FROM County Counsel TO. Clerk of the Board of SupervisWrs 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 fled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: ByA71am Deputy County Counsel U 11 LII. PROM- Clerk of the Board ". unty 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 BATCHEL O& 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 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 to immediately. *For Additional Warning See Reverse, Side of This Notice. AFFIDAVIT OF NSG 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 larder and Notice to Claimant, addressed to the claimant as shown above. Dated: trc% By: PHIL BATCHELOR By Deputy Clerk CC: Ca pity Comsel County Administrator ................... I 'Ell AUGI O 1 ...................................................................... .......................................................... ........... .................................... BOARD� F Su,fRvi8oRs TRA C.0 .. .......... ..................... .... .......... ......... .... ....... 01 , c1 - c. ... .......................... -w........... ................... .......................................................... . Cf ............. ................ ........... ....... ............ I lw................. ................ ....................... ........................................................ ..................................... ............................................................. ............ —Irm-��........... ........... ................ ............ ................ ..............,»u.10"................. ............ ........................................ ......... ......................... ------ ................ ....... ............................ .......... ......................................................................................................... ...................... ... ....................... ................ ............................................ ......................... ......................... ...................................... .............................. ..... ..... ..................................................................................................... ...... .... .... .72 ....... ...................................-..................... ................................. ...................................................... .................................................................................. r ................................................ ............ ............... ........ ..................................................................... ......... ................................................... .............................................. .................................................................... .................. ...................................... ................................ ............. .......................................... ............... ................................. ........................ ...................................................... . .. ................................................................................................................................................................ .. ....................................................................................................................................................................................... ... 77 w �-` 71 Omni - m 10E11 tr - �y TO f f t d Y �F ff t y S CLAVI BOARD OF SUPERVISORS DE CONTRA COSTA COUNTY, CAL.t`EMMA_ BOARD AC71SEFr21, 1999 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT end Board Action. All Section references we to } The copy of this document railed to you is your California Government Codes. ) notice of the action taken an your Bairn by the Board of Supervisors. Paragraph IV belov4, given s pursuant to Government Code Setion 913 and 515.4. Please note all *Warnings". AMOUNT. UNSPECIFIED AUG 1 9 1999 COUNTY COUNSEL CLAIMANT: RENWICK GIBBS MARTINEZ CALIF, ATTORNEY: DATE RECEMM. August 19, 1999 ADDRESS: Martinez Detention Facility BY DELIVERY TO CLERK ON: h,gi,t, 1-9, 1292 901 Court Street, BMod. , Rm. 14 Martinez CA 94553 BY MAIL POSTMARKED. N/A ` Interoffice L FROM: Clerk of the Board of Supervisors M County Counsel Attached is a copy of the above noted claim. August 19 1999 PML BA HELOR, Cl Dated: B : puty r IL FROM County Counsel W. Clerk of the Board of Supervisbrs (�� 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 1$ days (Section 910.5). ) 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-JJ1,eMl Deputy County Counsel i M. FROM Clerk of the Board TSO: Zounty Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). It,, BOARD t3 E: 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. `l PHIL BATCHELOR, Clerk, B ` Dated; j� y Deputy Clerk WARNING (Gov. code sectio 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personalty served or deposited in the mail to file a court action on this claim. See Government Code Section 94$.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 blAT.JNG I declare sunder 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. e ) ' By: PHIL BATCHELOR By Deputy Clerk my Counsel County Administmtor AU ER /} f A. -------------------------- v a 1�3 ... .. . .. ...: G 11" �� �� ' { `p< ' , .. of �^ ' ......................ate .:. ... :R ---------------------------------------- 14 r fie^ ����'. a�''� ,d: ''3,..' ..`"`d° ... '``,a" , o --. y ; .. : y s x 3 ' '. : . :. '``'t y / : .:: f ..+ -.•t y ` .. � ar .. h OV.yF`r"pft . . '.� �f.: ,`..I cnz .. _. ' � s . . ter f ----------------------- ....................... { t ....... .... ........... .... ........... .......... ...................................... ........... ------------------ ........... ........................ : .. ... y. ... ...................................... T 0 ............ ............................. ,. CN� ............................................. v x xv*- . � 77, i FV!'%, � .�..,. ..,•/ /fin^". f.r.^ .1^. """F:.�'�� l`�J�•�{,�,�.`� ���,>✓' M !3` •/' t>o. i. s..+• .f - R of^_? "i r ¢ 6 s{n �� _ f �i •r��`a � """ue""' ............... �� � �' � '. ,� �.. .� � ..," � -.� �� _ ., �.. �� � � „r,�,. � .pp � ... R �.� E Y ,.ci �. ' V �. eN x2 4�'tY', t-. d j {i{ �r �3'I4�h .y{ AyM� ?. i`'+4 ,� {l�, '� ��� t k; �_ i= S { r 'Y 3 t � ` 4 :s r 5 _.._.. ,{ x CLAIM BOARD OF SUPERVISORS OF Ct?n'1'l`tA MSIA Cd=, CAT 11MgrnA IMQ ACf'Itg1tEPTEMER 21, 1999 Chaim Against the County, or District Governed by 3 the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to f The copy of this docurnent mailed to you is your California Goverrment Codes. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV belovvl, given s pursuant to Goverrinnt Code Section 913 and 915A. Please note all "Warnings". AMOUNT: A> $2,171.42 COUNTY COUNSEL Marina Heights Apts. WARTINEZOAUtF. ATTORNEY: c/o Linda Rutledge DATE RECEIVED: August 13, 1999 ADDRESS: 2 Marina Blvd. BY DELIVERY TO CLERK ON: Augmst 1-3. 1299 Pittsburg CA 94565 BY MAIL POSTMARKED. 124-- 1999 L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. August Au 13 PHIL,BA - R, ClervA Dated: g , 1999 By: Deputy �� IL FROM: County Counsel TO: Clerk of the Board of Supervisoft ��\\0 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 fled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: `t By: Deputy County Counsel 11L FROM Clerk of the Board 7Ut(966nity 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 sectio 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. AFFMAVff OF MAlI. 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: By: PHIL. BATCHELOR By �� >��� �`�- '��' Deputy Clerk Ccs -Co utty COW34 County Administrator Clair.. 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 1000' 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§911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building,651 Pine Street,Martinez,CA 94553. C. if Claim is against a district governed by the 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 Iva" Against the County of Contra Costa //�'j,,, or �lR� /1 District CWK BOARD OF SUPERVISO RS CONTF14 COSTA CO. (Fill in Name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of$ ,17 f- Z--and in support of this claim represents as foItows: 1. When did the damage or injury occur? (Give exact rate and Hour) 2. Where did the damage or injury occur? (include City and County) -------------- $lyra-:t- ��--------------.CA If-�Zr----------------------- 3. Bow did the damage or injury occur? (Give full details;use extra paper if required) ----------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage:' F,1' 1 -'TUGS 94-AL V- Au; Pvo'f 5. What are the names of county or district officers,servants,or employees causing the damage or injury" UAiAM* 6 what damages or injuries do you Claim resulted? (Give fall extent of injuries or damages claimed. Attach two estimates for auto damage.} 7.- How was the above claimed amount Computed? (include the estimated amours:of any prospective injury or damage.} ------------------------------------------------------------------------------------- g. Names and addresses of witnesses,doctors,and hospitals. 0 rX C4,, � LL --------°----,- - ?! ----- -- -.- --- '----------------------------- 9i* List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT * x * * * * * * � * * * * * * 40 * tat; Gov. Code Sec. 920.2`rovides: "The claim must be Ined y SEND NOTICES TO: (Attorney) or by some person o Name and Address of Attorney (Claimant's Sign re) r t (Ad cess) Telephone No. '1 3• Section 72 of the Penal Code provides: "Every person who,with intent to defraud,presents for allowance or for payment to any state board or officer,or to any county,city or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim, bill, account,voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ( S1,000 ),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars (SI0,000), or by both such-imprisonment and fine. r y �1 d fi �s r dG t 4 CMZ ]BOARD QE SUPERNISMS QE Cf.7N" :RA CMTA a)UM. CALIFORNIA BOARD ACT1Mk SI�TI ER 21, 1999 Ctairn Against the County, or District Governed by } ft Board of Supervisors, Routing Endorsement , x� ; NOTICE TO CLAIMANT and Board Action All Section references are; '� 5 � lit copy of this document rnatled to you is your California Government Codes. ) nonce of the action taken on your claim by the AUG0 1999 Board of Supervisors. {Paragraph IV beloW, given prrsuint to Goverw ent Code Section 913 and �' ' �'I�COUNSEL MARTINEZ,CALIF. 015.4. Flom rate all *Warnings". AMOUNT:$ Jurisdiction of Superior Court CLAIMANT: Shawn McGee ATTORNEY: Nelson C. Barry, III DATE RECEIVED: August19, 1999 III ADDRESS: Law Offices of Nelson C. BarrySY DEL.tYERY TO SRI{ ON: August 19, 1999 P. 0. Box .31719 August 18 1999 32 Sussex Street BY MAIL POSTMARKED: , ' San Francisco CA 94131-0719 L FROM: Clerk of the Board of Supervisors TO` County Counsel Attached is a copy of the above-noted claim. Dated: August 20, 1999 PHIL BA R, Cllr By: Deputy -' 1:3 -1 IL FROM County Counsel TO. Clerk of the Board of Supervisdfs 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. lbm on is of tl`r` 1 VR ' k 1 L161. 01'e nof �i GCS 101 cio*a- `' r Dated: By: putt' County Counsel r III. FROM Clerk of the BoardTel. Co ty Counsel (1) County AdmWst�tator (2) ( ) Claim was returned as untimely with n to claimant (Section 911.3). IY.. BOARD ORDEFL 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:�� ;�, All PHIL BATCHELOR, Clerk, By r� d' z- , Deputy Clerk 17 WARNING (Gov. code sectio 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. AFFIDANTT OF MA]LI[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 By: PHIL BATCHELOR By s � Deputy Clerk CC. County Counsel County,►.t3 Wtiistrvlor LAW OFFICES OF NELsoN C. BARRY III 32 SuSSEx STREET P.O. Bax 31719 CIVIL LITIGATION S&N, FRANcisco,CrALTFORNIA 94131 E-MAIL:neisonbarry@msn.com MEDIATION AND ARBITRATION TEL4151587-0550 FAX 4151587-1211 WEB,`vwwlawofficesnelsonbarry.com August 18, 1999 AUG 1 X99 Clerk of the Board of Supervisors 651 Pine St., Rm. I06 '` Martinez, CA 94553 Re: McGee v Contra Costa County DOL: May 17, 1999 Our Pile No.: 99027 Dear Clerk: Enclosed please find the original and two(2)copies of the following'documents: 1. Preliminary claim of Shaven McGee x Pre-addressed, stamped envelope FOTO THE FOLLOWING PURPOSE: X File and return filed endorsed copies to us. X Issue and return to us. ® Have judge sign,file and return filed,endorsed copies. Very truly your g S' vi arty z!Paralegal � 1 a Offices of tson C. Ba 111 y �� 1.Aw OFFICES OF NELsoN C. BARRY III 32 SUSSEX STREET P.O. Bax 31719 CIVIC.LITIGATION SAN FRANCISCO,CALTFORNfA 94131 E-MAIL:nelsonbarry@msn.com MEDIATION AND ARBITRATION TEL4151587-055 FAX 4151587-1211 'tWEsi www.lawcricesnelsonbarry.com August 17, 1999 Clerk of the Board of Supervisors 651 Pine St., Rm. 106 Martinez, CA 94553 Dear Clerk, Please accept the claim of Shawn McGee against the County of Contra Costa for injuries to his person, medical bills, income loss and damage to his motorcycle that happened when the ruts in the surface of Grizzly Peak Blvd. (in the intersection with Lomas Contadas) caused him to loose control and crash while traveling at the speed limit. Pursuant to Government Code Section 945.4 et. seq. Claimant Shaven McGee submits; 1. Name and address of claimant; Shawn McGee 7820 Eureka Ave. El Cerrito, CA 94530 NOTE: Please address all communication concerning this claim to counsel for Mr. McGee as follows: Nelson C. Barry III Law Offices of Nelson C. Barry III 32 Sussex St. San Francisco, CA 94131 Ph (415) 587-0550 Fax (415) 587-1211 2. The date and place of the accident out of which this claim,arises; Date: May 17, 1999 Location: Northbound lane of Grizzly Peak Blvd. starting approximately 100 yards south of the intersection with Lamas Contadas and continuing through the intersection. __. .... 3. A general description of the damage and loss incurred, Mr. McGee was Northbound(approximately) on Grizzly Peak Blvd. at or near the speed limit. When he approached the intersection with Lomas Contadas, his front or rear wheel or both came into contact with some long rugged ruts and potholes in the road surface that roughly ran parallel to the painted yellow center line. As a result, Mr. McGee, an experienced motorcycle rider, lost control of the bike and wound up sliding along the road surface and crashing into a guard rail on the north east side of the intersection. Attached hereto are the following: I. Photos of the intersection, 2. Photos of abrasions on Mr. McGee, 3. Repair estimate to his motorcycle, 4. Hospital&medical bills, 5. Proof of Mr. McGee's motorcycle insurance. The economic damages are as follows; 1. Motorcycle (1992 Yamaha S2R 600) Replacement Value $6,000.00 $4,209.46 2. Contra Costa Health Services $ 37.00 3. Doctor's Medical Center(E.R.) $1,457.03 4. California Emergency Physicians $ 192.00 5. Income Loss $1-500.00 Total $7,395.49 At the emergency room,Mr. McGee was x-rayed, carefully examined, given a tetnus shot and prescribed pain medication(Vicodin). After several hours he was released to go home. He spent the next several days in bed except to use the bathroom. On the third day following-the accident, he went to Contra Costa County Regional Medical Center in Richmond with complaints of extreme pain., fever and burning in his arms (at the sight of the abrasions). He was examined, reassured and given care instructions. It was not until four days later that he started to experience some relief. His income loss was due to the fact that the pain in his neck, back and especially his arms prevented him from doing the physically demanding work; lifting, climbing, bending and using various tools. He therefore lost jobs ($1,200.00) as well as had to hire someone ($300.00)to fill his place as much as possible on a couple of existing projects. 4. Names of public employees allegedly responsible. Plaintiff believes the department of the county responsible for care and maintenance of county roads,particularly Grizzly Peak Blvd. is responsible for failing to maintain the road surface in a safe condition. 5. The amount of claimant's claim. Claimant Shawn McGee claims an amount within the jurisdiction of the superior court. Please have some one contact me at your earliest convenience to discuss how to resolve this matter. Mr. McGee has authorized me to extend a settlement offer of $40,000. Very truly yours, Nelso . Barry,III Law Offices of Nelson C. Barry III cc: Mr. Shawn McGee . f 13 fiV �s er y.l i11 Ts , iT«+ 00 r VIA Or ,w� �Y STUN-19-1999 16:31 P.01/02 Dbctors Med'.Gtr.-San Pablo P.Q. BOX 2517 BANTA ANA, CA 92707-4517 (800)346"0775 RECD JUN y �] 1999 June 10, 1999 Patient-. SHAWN MCGEE Ref erenca#: 9913700135 9+ 770694 Servioa Date! 05/1.7/1999 SHAWN MCGEE Balance: $1,457.03 5032 I'ERNWOOD CIR OAKLEY, CA 94561 Dear SHAWN MCGEE, This is a reminder that your payment is new due. If you prefer to pay with your Visa,,1.4asterCartl.Discover,or American.Express card,please complete and retwn the appropriate sec ton on the bottom portion of this letter. We would Bice to drank you for your cooperation. if pa}mcnt has already been made,please disregard this notice, If you should have any questions,please call us at the phout,number printed above. 5lxtcereiy, Doctors Mecl.Gtr.-San Paulo Para asistencia en espahol,sirvrase 114mar al numerrt,MOnt*ado. Please return this seolQs;,along wtth your payment. 3913700135 SHAWN MCCES 200 $10457.03 If you are making payment by=;lit cam..,plea complete the f'olloa*infozmation, Card Type(PI-ea-se circle ane); Visa MBAmCard Disuaver Ammiean Express Card Number:........__.._ —,..,.._...—-...._.............—... -- Expiration Dge: Cardholder's Signature(Requ;red for approval) Today's Ewe Remit pas =eut to: Doctors M+ed.Ctr.-Sao Pablo 2000 Vale Road ear San Pablo, CA 94806 CA SR ER PH Y S x x.._v SAID PABLO CXP 'CAM ID# BILLING OFFICE PHONE l Cl C .,7RyNS DR. , STE. 1)_�o 94-3273404 1(800 664-766© MODESTC CA 95358-6403 ACC�1 38-09-99137135 05/29L99 Add -,cs Service Requested N ' ATtarl s V 05571-1 CEP w OPEC SAN PABLO CIS/UC (203) 557-1264 SHAWN 0 Xti: -2 SAKI PABLO CA 94808 7820 E'3R 'i�P, %'JE. EL C:RRITO CA 94530 DATE 1�111 DIAGNOSM I.ESCRI? TON Of SERVICES AyomKT 05/17/99 23 ** 99294 LEVE, 4 EMBR�i: X';Y, PHYS C:HA 1.52.00 13 t a s r t x s ENfPL< r Illy D,IkT; ADl lI Sl,()N I)ATE DISCHARGE,,DATE 192.00 IF YOU HAVE II�'SLT��?ICE, PLEAS: COMPLETE THE BILLING INFORMATION A8 REQUESTED 5TWE REVERSE SIDE OF IS STATEMENT. PAYMENT IS DUE UPON RECEIPT OF S` J%TmtENT -- A FINANCE CHARGE OF 1.5 PLRCEN t'MAY BE REFERRING D01"TO ��`rix��ci�t l�Or'sELrC� ?�,} CHARGED EACH MOM NACCOUNTS NOT PAD) -kTTEN DING DO,'";"t s . ? S, ROGSL`C.+ M.D. IN F t;LI.ANNUAL PERCENTACiR 3tAYIr 1896 7920 AVE.: mom IRLCe^`";1'r: CA 94530 3$-015-99137135 05 2 3/99 PAIt. .POLICY # N AIt 562252997 MAU CHECK PAYABLE TO: SEE Rk 'ERSE S',D F F R A-I EATLAN.nrtaN OF THIS BILL CA EMERGENCY PHYSICIANS Ulm ` Ci r.�w c PHYS*nmc SAN PABLO CYP 1601 CUMMINS DR. , :.TE. D-38 � AV MCDESTO CA 95350-5+ 03 192.Ofl TOTAL P.OP P.02/03 R & D CVcl.e Performance :303 FORTY-THIRD STREET RZjCHbXM CA.. X14,805 510-234-2300 Ins. Co. : N/A Estimate ID: 28 Claim No. : N/A Dade Received: e9)4GZ,47 Insured: Date Inspected: Policy No: N/A .t-r � Appraiser: DIO/L: '03"V9 0:00 Collision Owner; SHAWN MCGEE Inspected.: MA eaa: 7820. EURE3 +a. AVE - Address : EL CERRITO, CA 94530 Make- YAMAHA XOdel: FZR600V AC RA RB RD VIN: JYA3UUC01NA007279 Condition: GOOD Mileage: N/A Coior: V,/H REP License: N/A. NO REP RPL DESCRIPTION � PART No. PRICE LBR REF SUBLET 1 1 WINDSCREEN 3HE283815000 130.34 .2 2 1 H/la= body W AC A E F G H 3RES43300000 41.26 .8 3 , 1 lens rt W AC A E F G H 2AX84320A000 33.86 .8 4 ` 1 , Ions It W AC A E' F G H 2AX8432AkOOO 34 .28 .8 5 2 bulb W, AC A E F G H 1ML843140OXX 75.00 .2 6 1 Goar unit w AC ,A E F G H 3LDS430M0000 1.42 .1 7 , 1 Signal' lamp a.ssv 1/f 1UP833100000 54.81. .3 8 1 Fairing mta brkt ; 3HE283561000 1.5 +.48 , 1.0 9 1 Speedometer assy 2RG835700000 267.71 .8 10 1 'Tach W° AC A. E F C H 3HZ835400000 242.+68 .8 11 1 Water tc= meter i3ENS35900000 134.90 .8 12 1, cpirer Iwr W AC -A 12GH835790000 60.33 .6 13 1 'Panel W AC A i 2GH836110000 87.41 .6 14 1 caves W AC A '2GH8361.20000 39.52 .6 15 1 MIRROR. MTG HRT AAFM' T 69.99 .3 16 1 Side cover It 3HEY217100GE 130.44 .2 17 1 Side cover rt 3HEY217200GE 1.68.31 .2 18 1 'T/LAMP CVR 2M.A283655000 13.50 .1 19 1 Vairina body upr � 3HE2835GOOGE 168.49 .Or 20 1 Fairincr lt''' W AC 13HEY283JO12X 329.02 .3 21 x CHR: FRT END/ALIGN 1.5 22 0 CHK STEERING HEAL 1.2 23 0 CHK PST WHL/ROTORS _ 1.0 Page 1 of 2 CONTINUED NEXT PAGE Y E8TIMX.'TE E"EH ON A VI£�UAL INSPECTION ONLY ANIS A SU'PPLEI NTAL DAMkG REPORT MAY FCL A0V UPON TEARDOWN AND I'N SPECT ION. f ` IF YOU SHOULD HAVE ANY CUESTIONS j} REGAMING THIS ESTIM&TM PLEASE FEEL ME TO CONTACT US AT (51.0) 234-2300 OR. FAX AT (510) 234-3002 Estimate based on CyQ1e-Mate Collision Estimating Guide 11"5? P.03/03 R & D Cvcle Performance 303 FORTY- THIRD STREET RICHMOND CA 9 805 510-234-2300 Co. : N/A Estimate 10: 28 ,,Im Na. : N/A. Late Received: 03/02/97 ,cured: Date Inspected: 03/02/97 f 61icy No: N/A Appraiser: D/O/L: 03/02/97 40:00 Collision Owner. SHAWN MCGEE Inspected: Address : 7 320 EUREKA AVE Address: EL CERRITO, CA 94530 Make: YAMAHA Madel.: FZR60OW AC RA RB RD IN: JYA3UUC01NA007279 .� Condition! GOOD Mileage: N/A Color: V/H REP License: N/A NO REP 1RPL DESCRIPTION PART N0. PRICE LHR REV SUBLET 24 0 T/I gRT FORKS-POS D140 3.0 25 0 CHK FOR FRAME DAMAGE SUBLET 2.5 550.00 26 Materials and Supplies 65,00 inc. Page 2 of 2 Si-lbtotals: 2317 .75 19.5 .0 550.00 OTHER TOTAL BEXTERMENT - 0.00 PARTS2317.75 TOTAL ALLOWANCE + 0 .00 .LBZ 8 59.00/gr 1150._50 P 0 72.00/Hr 0.00 ESTIMATE BSUBLET 5 0.00 ASED ON A VISUAL INSPECTION ONLY TAX 191.21 AM A. SUPPLEMENTAL DAMAGE REPORT MAX` FOLLOW UPW TEA'RDOWN AND INSPECTION. TOTAL 4209'.46 IF YOU SHOULD HAVE ANY QUESTIONS REGARDING THIS ESTIMATE PLEASE FEEL FREE TO CONTACT Us AT (510) 234-2300 OR PAx AT (510) 234--3002 . Agreed price with Estimate based ol'i Cycle-Mate Collision Estimating Guide TOTAL P.03 __. ft +.oyr... S• ,gy�`.CItY'9. `r r Yr"' ,. '�E. r < v r5 2c mit � .�YySt•Z? < a�� f k s _ �pp. ..; >�ay���T..'�.gy,,'�4� a y f��,+w�,�er uY+T'<`r.T< y43r t sy x a x=�Tf. Ys<�i W ?• a�kd<j ,..�s'P..�. 4 *_>. .<,%l�,f,'�.4?i'4.t+.''6`�,::;,.%>�"�� ..- �yts '8.. � J rh C b'ti � +�'ir♦'�c� t �s Yt� .:¢•��K 5��`r��<�-�t<<v� �"jFsw �y'd.>,. $ r>.y`' "�zfr�'.. > ... ., f:.a .x 7_Y: w.��.4�.: 4� r�i^±�.v�?�f�,��,•'2��T +.ra ..'d)...'# :. ... a._ < .. >' d•tS,..:.,y - H 2 L` '^1it M�wi%r,� n f Ys r� s� _�.['" �'F � �%+�,• � � �w'Y� l+ "w�. h ja% F,�'�x:xt�,�s`'.. 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Y'.�', _ ���,'�-� - 1 .i� ( ••ice Clerk of the Board of Supervisors 651 Pine St., Rm. 106 Martinez,CA 94553 CLAIM BO RST OF SU'ERVISMS OF f'ONNI A COSTA CQ=, CAll WMNIA BO�iA D ACTIQII� �E�T > 21:, 1999 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 doalrnmnt mailed to you is your California Coverwent Codes. } notice of the action taken on your claim by the � wjx Board of Supervisors. (Paragraph IV below}, liven pursuant to 9ovemment Code Section 913 and 915.4. Please note all 'Warnings". AMOLINT. Not Specified LA"SIFT` iois CLAIMANT: Billy 'Turner ATTORNEY: DATE RECEIVED: August 9, 1999 ADDRESS: M.B.F. C-Module; Bunk-28 BY DEUVERY TO CLERK ON: August 9, 1222 901 Court Street Martinez CA 94553 BY MAIL POSTMARKED: August-7 1929 L IRONS Clerk of the Board of Supervisors M County Counsel Attached is a copy of the above-noted claim. Dated: August 10, 1999PHIL BAT R, Clerk By: Deputy �.4... -- IL FROM County Counsel M. 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 to 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 13L TROM Ierk of the Board I . County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV Bt7A1RD C1RD13b 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 lin 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 94S.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 Ste Reverse Side of This Notice. AFMAVIT OF MAIIING ,�....... 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: PHIL BATCHELOR $y -^- Deputy Clerk CC: Canty Counsel Country Administrator >�1 f r ms jF OW kA ............. ............................ .................................... ................. .......... ............. .. ....................... . ... .................................. .................... ..................... .................................... ................................. ........... .......... ........ .................................... ......................... .......... ......................... . . GCFfiKflAtt�Q rg..... CD ........................................... ............................................................................................................................................................................................................................................................. a t 11 :4 *41 ................ CLAM BOARD--AM SMDBit 21 1 9 Claim Against the County, or Dstrict Governed by l the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references we to N copy of the dommnt trailed to you is your Califorria Govermmnt Codes. } rotice of the action taken on your dairn by the Board of Supervisors. (Paragraph IV belov4, given nzmr purscant to Gover�nrra:nt Code Section 913 and X15.4. Flom note all "Warnings". AMOUNT: Not Specified AUGl 9 1999 CLAIMANT: Robert D. Young MARTINEZ CALIF, ATTORNEY: DATE RECE1111M: August 18, 1999 ADDRESS: 5535 Giant Highway BY DELIVERY TO CLERK. ON: August 18, 1999 Richmond GA 94816 Au ust 1 1999 BY MAIL,PCtS1WjAIt MD. g r L FRO?& Clerk of the Board of Supervisors Wk. County Counsel Attached is a copy of the sb ove»noted claim. Dated: August 19, 1999 B HIL B R, Cl BY: Deputy II. FROM. County Counsel TO. Clerk of the Board of Supero rs (\) This claim complies substantially with Sections 910 and 910.2. {ll`` ��j This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 1$ 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 IiIL ]FROM Clerk of the Board 7Q Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Suction 911.3). TV BOARD ORDFRa 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, ByrIA- f ?Deputy Clerk WARNING (Gov. code section 13) 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 count 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 hlAU.ZNG I declare under penalty of perjury that I am novo, and at all times herein mentioned, have been a citi2:n 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: 4aQ2L - By: PHIL $ATCHEL,OR BY4( a. 7 Deputy Clerk M. i"Umty Co=wl County Adndnfrtmor Y In o: BO.! # #+ � � G CONS COSTA``C ismcn= A dA A. Claims<relating to causes of action.for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987,must be presented not later than the 10 day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal-property or growing crops and which accrue on or ager January 1, 1988,must be presented not later than six months after the accrual of the mm of action. Claims relating to any other cause of action must be presented not later than one year aftar the accrual of the cause of action. (Gov't Code 911.1) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 146,County Administration Building,651 Pine Street,Ma#ttine4'CA 94553. C. If claim is age a district governed by the Board of Supervisors,rather than the County,the name of the District should be filled in. D. If the claim is against more than one public entity,separate claims must be filed against each public entity: _ E. Emd. 'See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. RE: Claim By, ^-r- Yo um 6- 0,AV Reserved for Clerk"s filing stamp Ir- EX 5" " Cry h�ihi E:' 9 Against the County of Contra Costa or ) t?'3 4 F 'C .r r"� CO t<r `")l )District) (Fill in name) � The undersigned claimant hereby makes claim against the County of Contra Casts or>the abode-named district in the sum of$WM in support of this claim represents as follows: 1. When did the damage or injury occur?(Give enact date and hour) Sri., -A nA0 E D rr-�, 2. Where did the damage or injury occur?(Include city and county) 3. How did the damage or injury acc 0(Give full details;use;extra paper if required) :ir�. #47T14C H IFEX r`/k� 4. MWlzat particular act or omission on the part of'county or district officers,'servants,or employees caused the injury or damage? S. What are the names;.of county or district officers,servants,or employees causing the damage or'Injury? b. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach two estimatesfor auto damage.) i I 7. Flow was the amount claimed above computed?(include the estimated amount ofany prospective injury or .. s _ t 8. 'Names and addresses of witnesses,doctors,and hospitals. } 9. List the expenditures you<made on account ofthis accident or it . BATE TRAE _:.. . _. . Cron.Code Sec. 910; provides"The claim must be signed by the claimant or by some person on his behalf." NOTICES T0• (ABY Name and Address of Attorney )' )"A ,, ) _ ) (Claimant's Signature) �...+' (Address) Telephone No. )Telephone No.MtX A `o,+t# � NM Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the 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,amt, voucher,or writing,is punishable either by imprisomnat is the county A 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 in4aisonment in the state prison,by a'fine of not exceeding ten thousand dollars($10,000),or by both such imprisonment and fine. ........................................................................ T INSUPPORT OF MY CLAM I REPRESENT THE FOLLOWING: Pertaining—to question(0) On or about the ,(14 th)day of may,1999 Approx. 2:00 PM Pertaining-to question(#2) At my home, at 2161 Crestview Drive. 133,Pittburg Ca, in(C.C.C.) Pertaining- to question(0) Darlene Russell called my home From her job(Mount Diablo clerk,Public Defender's office,Martinez). cursing and saying foolish language to my four-year-old son who answered the phone, and my sister in law. Saying my name is Darlene Russell, bitch and robert's my man and a Host of other ignorant and vile things.' r Pertaining to question(#4) Bein ignorantan_ d beim,offensive to mychild. Within the scope of Employment,Government code section, (8152)note 5.6 Bradury V. Superior Court(App. 2 Dist 1 ca .Rpt 2d 2 49 cal. App 4,h 1108. Gov. code sec. 825 note 16 Scope of Employment: For Purposes of California tort clam Act. Scope of Employment was intended to make applicable the general principles California courts used to be considered within the scope of Employment by 3-d Person against Employer for tortof his Employee: Farmers Insurance group V. County of Santa Clara(1195 )47. Cal. Rptr.2d 487.11 Cal 4-992. 906P.2d 440 Gov. Code Sec. 825.�ge li eng_c in s rvising and controllingEmployee:Gov. Code Sec. 815.2 Violation of the 1993 Civil Rights Act. Going into files to get home Phone number After I told her over and over Not to. Pertaining to question(0) Darlene Russell- Mount Diablo Clerk for the County of Contra Costa's Public Defender's Office. Pertaining to question(#6) Emotional Trama, Emotional Distress to my son and my Wife Due to Negligence in SupervismA,and co`Jntrolling Employee,Darlene Russell"(�r<.kWT, y yTO DAilSA4;f ��r'����(c�r-)�' � >:� pq>� f R h>r t' d � s i �"f ' s `C v}� f _ ��?1 '. M° 3 Y f € �, t...7, a.> .� �.4 Z. u h f s,.7!'° r+c �v,t ; "� Pertaining to question(#7) Unspecified amount. Pertaining to question(#8) Bridgett Talley--Young and Latisha Jones 2161 Crestview Dr.# 133 Pittsburg. Ca.(94565. Deputy Brown' tooakreport. 1To(Z 01Y'THthCG UL1< c 1)f-Earl :& ( mc. s"�srfK) t v"t"'14V.1k: -;S e1. l C. ov 1. J Pertaining to question(#9) May14T" No Price on Emotion Trams, Emotional Stress. o,;A y� ... z by,D..S. _............... _._ e^•[ff�Nif.JE� To 9 (o(CON'riv LP) aFJu)' aoTkl ) r-Ar bftrn ved . ' AT rAY WiFes Nam+ . 1I9 . . .0147061-4 L-cs-r CrPc(ced, ►�Np rylY 'BACk GU-r IAvrT '-1 Ch1: 01.1 }} s /011*Z vim. CLAIM l3QAEDQE cUn►ERNISORS OF CONTRA MTA_COUNM, CAUEORNIA BOARD AC110N 3ME�BER 21, 1999 Claim Against the County, or District Governed by } NOTICE TO CLAIMANT Board o. Supervisors, Routing lndorsernants, } 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 daim by the 5. , E Board of Supervisors. (Paragraph IV below}, given pursuant to Government Code Section 913 and 915.4. Please tette all "Warnings". AMOUNT: Not S ecified MA` N"Ziv {ii � #vsARTNNmZ CAL'sF= CLAIMANT: Robert Young in behalf of son, Lexxus Young, and wife, Bridgett Valley ATTORNEY: DATE RECEIVED: August 18, 1999 ADDRESS: 5535 Giant Highway BY DELIVERY TO CLE ON: August 18, 192 Richmond CA 94806 BY MAIL POSTMARKED: August 1Z, 1299 L FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claire. August 19, 1999 PHIL BA R, Clerk Dated: By: Deputy -� IL FROM County Counsel TO. Clerk of the Board of Supervis rs ( 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: ELB,: Deputy County Counsel III. FROM Clerk of the Board ` 0,. Ca ty Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with nonce to claimant (Section 911.3). IV BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is refected 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 secti 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 94S.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, addressed to the claimant as shown above. Dated:9�� By: PHIL BATCHELOR By (41' Deputy Clerk j M. CWWq Coarsen COtmty AdrWnisfttor claim to:, . BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY TRU I SN TO CL 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 1001`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 mops 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 Clerk ofthe Board of Supervisors at its office in Roam 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 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. B. E . See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp Against the Coin_qf CQjM Costa or ) AUG 18 1999 C Ute OF Qj�iTgLd, COSTpt District} CE: F��""" (Fill in name) }i,.j y cf.- A C'0, : The undersigned claimant hereby makes claim against the County of Contra Costa or the above-names district in them of SQ �v and in support of this claim represents as follows: 1. When did the damage or injury occur?(Give exact date and hour) 'SEfc. fq &C+oz Pok"-) 2. Where did the damage or injury occur?(Include city and county) Sp_F_F_ 4 PI�C+41D FOZV( 3. How did the damage or injury occur?(Give full details;use extra paper if required.) 4. What particular act or omission on the part of county or district officers, servants, or employees caused the Y 'injury or damage? S. what are the names of county or district officers, servants,or employees causing the damage or injury? 6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) 7. How was the amount claimed above computed?(Include the estimated amount of any prospective injury or damage.) 6v- 14?T Pc:Hf-0 FOr^ra'l B. Names and addresses of witnesses, doctors, and hospitals. �ee 147TH-<HuJ ror yyl 9. List the expenditures you made on account of this accident or injury. DAM -TEAL } Gov. Code Sec. 910.2 provides"The claim must be } signed by the claimant or by some person on his behalf." SEM toncEs m (" n Name and Address of Attorney } _ } (,Claimant's Signature) Xt 4 } (Address) } 133 Yq7y1 ,eo91P e — Telephone No. Telephone No. 4/oar - NOTICE Section 72 of the Penn Code . Every person who,with intern to defim4 presents.for allowance or the payment to any oate board or officer,or to any may,city,or district board or officer,mWxxizod to allow or pay the same if genuine,any false or Makfulent claim,bill, voucher,or writing,is punishable either by imprisomnent,in the county Jail for a period of am more than one year,by a fine of not wwooding one thousand($1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exccoding ton thousand dollars($10,000),or by both such imprisonment and fine. r t . JULY 18,1999 In support of my claim I represent the following: Pertaining to question#1. On several dates darting in mid February,and ending on Ju Moth. Pertaining to question#2. Here,in West County Detention Facility(Contra Costa County)and at my home, 61 Crestview Drive. #133 Pittsburg Ca. (Contra Costa County). Pertaining to question#3. At the end of February 1999,I made an attempt to call my Public defender(Jack funk) the phone was answered by the Mount Diablo Clerk,(Darlene Russell)After she asked my name,she asked me what I looked like... Then she asked the size of my penis,length and width. On,March 1,1999; she went into my criminal file to learn my background... I asked her as firmly as I could not to look into my criminal record. She did and told me about my criminal past,birthday then she kept going back into it after I continue to tell her not to. She took full advantage of my vulnerable position by offering to pay me if I allowed her to talk about her sexual fantasies during work hours,write me sexual fantasy filled letters. Masturbate on the phone, come up to visit several times and talk sexual fantasies. I never got paid. I feel totally taken advantage of and used. By the end of April 1999 I completely cut Darlene Russell off. She called my home cursing and saying foul language to my four-year-old son who answered the phone and my sister in law. Saying my name is Darlene,bitch,Robert is my man and a host of other ignorant and vile things. I then talked to a clerk at the Richmond office because I couldn't get connected with a supervisor in Martinez or Richmond. On June 7a' at 2:14 p.m. I called my Public Defender to talk about my case and Darlene Russell answered the phone, refused to let me talk to my attorney. She was loud and ignorant, asking me did I call her supervisor. The she threaten me* and my property by stating she could get me in trouble, and she knows where I live. She going to damage my car and property. I then called my sister in-law informed her to what happened, she told my wife who in turn called her supervisor*Her threats was that she had people she knew throughout this county jail and in San Quentin that could get tome GonrTi\i or L N e- O Pertaining to question#4 Sexual harassment of an inmate (self) acting within the course and scope of employment, Government codes section. 815.2 note 5.6 Bradury V. Superior Court(AFF. 2 Dist 1996) 57 Cal. Rpt. 2d 207, 49 Cal APP 0 1108, Gov. CODE SEC. 825 note 16 Y Y OCT 121999 a ,r ,L._ �C/17"/' �r' V �t rVc�r,►t .. ti ., C7-rv�yX' f '' ft C ,? _ _�'�?#' �',�'��. ��5 't�-����. c��.�''©?`ire,. ,.a�"r�.f� ��.�:a✓ �"'c' 9 13 tOrtc 0 t': iecTiQ/v -OF C )+im ,. _.. orf 4*t' Sff)+tj,,J C4-v v f+ WA+ MiAt� '" Tine "�"H, T.P14JAITuFF. HA4.Oly.c.� _ r�prn � NM" W"fer,soN*.t j x de I vexed -ro i 14 cover. A(s 14v— G/A-Iin is ma-r..by tktTer..ms, `'k1oplt b1c.,To. A Civ;.l.d_oF Amery 7; Nc..,_C.R. ` �C�A _19 6, tQ1.: • e scope of employment: For purposes of California tort claim act. Phase " Scope of employment was intended to make applicable the general principles California courts used to determine whetherjarticular kinds of conduct is to be considered within the scope of employment by 3 person against employer for tort of his employee: Farmers Insurance group V. County of Santa Clara (1195) 47. Cal. Rptr. 2d 487;11 Cal 4s' 992, 906 P. 2d 440 Gov. Code Sec. 825 Note 18 sexual harassment: County Policy Prohibiting sexual harassment in tithe work place. Negligence in supervising and controlling employee: Gov. Code sec. 815.2 Violation of the 1993 civil rights act going into files over and over after told her not to Pertaining to question#5 Darlene Russell- Mount Diablo Clerk for the County of Contra Costa's Public Defender office Pertaining to question#6 Emational distress, to my 4-year-old son, my wife, and to my self. Darlene Russell victimized me while I'm in a vulnerable situation. My marriage is destroyed because of her calling my home. I can't talk to my wife anymore. I've been so emotion distressed that I went to hole-lock up-2 times this month for stressing out.. . Pr.L P Iyrf_ss i oAj COn(TO 14 V rc.P Pertaining to question#7 sir s r Unspecified amount Pertaining to question#8 Bridgett Talley-young, and Latisha Jones 2,j 61 Crestview Dr. #133 Pittiburg, Ca 94565'Deputy Brown: Who took report,and several pieces of physical evidence. Pertaining to question#9 Loss of family-Marriage-Emotional Distress., va¢P U-e p'ess�o�� r�,�r► a y p a r 'ro C f Sri 0/,,l TWIT-A-T TO DAWH,5C_0Iy I-F4d-- O'4Z cr-U`rled -",JT -f rwf.�.s 7- , T ri, I Nd 'r W IA4 t,w Ti+L-Z' I OF TodTi� &<IT HoY-,)"4 s�ck_ yi-r Hor7, ?e_r-TP0ojoo(3_T6 TIAOF TO P) IY Prc t4 ", n 0 p C,--Ty 4(F rq-r�I-P t t iq c ON y tlfrNil ON C ti 0C_ j 4(t Q; saida- 'Jw4u9D 941 WOJ;M8JP 01 1AHS jo iuvnbe 9 918WO Ot BulmBJP 9114M IMID P104 PUB loud dtL -owe e4}punauns ca Beip pug 40113*C M AsuLu 841 viom noA ime4m josino 941 uOl:490d Puv (El)loon joew 9115umew OLIZ jollo Iz aegloot 941 uo polqvus 91 751 wneu3-L m"w sleumou a opm al ON 1.10 lei Ali ploomp4h WOR M!= OR SAW My �."r �. ,u : r.5 .{ $ /r r r}��'�. ,yr r r'�; ................. K*,W, .MW :-.:x, /... ... .. A�ctW-4 WE ............... ............ MW Moms . ........ ........... .. :XO�