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MINUTES - 09192000 - C10
CIAB r f -L CALUMNIA 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 Cedes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given h` pursuant to Government Code Section 913 and :6 915.4. Please note all "Warnings". AU AMOUNT: Exceeing $10,000.00 CLAIMANT: Associated International Insurance Company and C.B. Patel and Govind Patel #SBA. Holiday Lodge Motel ATTORNEY: c/o CUMMINS & WHITE, LLP DATE RECEIVED: AUGUST 14, '2000 .JAMES R. WAKEFIELD, BAR NO. 102024 ADDRESS: 2424 S. E. BRISTOL ST. , STE300 BY DELIVERY TO CLERK ON: AUGUST 14, 2000 NEWPORT BEACH CA 92660-0757 BY MAIL POSTMARKED: AUGUST 11, 2000 L FROM. Clerk of the Board of Supervisors TU. County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Cler _. Dated: AUGUST 14, 2000 By: Deputy f II. FROM: County Counsel TO: Clerk of the Board of Super ` ors ( b',r'"°Ib'is claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: Deputy County Counsel 111L FROM: Clerk of the Board TO. County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). PV. 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. L?ated: ` PHIL BATCHELOR, Clerk, By '� .' '� x �, 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 its the mail to file a court action on this claim. See Government Code Se,.tion 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 Phis 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, addressed to the claimant as shown above. Dated4, 3 aBy: PHIL BATCHELOR By I � Deputy Clerk CC: County Counsel County Administrator _ _ C&W" CUMMINS &WHITE, LLP August 11, 2000 AUG L A W Y E R S 2¢24 S.E.Bristol Street,Suite 300 CERTIFIED MAIL N rt Beach,CA 9266o-0757 -- -. TEL 949-8521800 RETURN RECEIPT REQUESTED PAx 949-852-8510 E-MAIL cw@cwlawyers.com County of Contra Costa Clerk of the Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 Associated v. City of Antioch Insured Holiday Lodge Motel Policy No. : IM322501 Claim No. 72156SS Bate of Loss 02/23/2000 Our File No. N688 Lear Madam or Sir: You were previously served with a claim dated March 17, 2000, on behalf of Essex Insurance Company and its policyholder, the Holiday Lodge Hotel, arising out of an incident which occurred on February 23, 2000, in which flood waters from Antioch Creek damaged the Holiday Lodge Motel, located at 1500 West 10'i`Street, Antioch, California. On May 3, 2000, you served a notice of rejection of said claim. Enclosed please find a claim against the County of Contra Costa on behalf of Associated International Insurance Company("Associated") and its insured C.B. Patel and Govind Patel dba: Holiday Lodge Motel ("Holiday"). This claim is made in order to preserve Associated's and Holiday's rights in this action, as these parties have not served a claim for damages arising from this incident. Thank you for your attention in this regard, and please do not hesitate to contact our office if you have any questions or require additional information. Very ly y rsj j J es R efill, J Jw Enclosure I N6881137810.WPD LOS ANGELES • NEWPORT BEACH 1 CUMMINS & WHITE, LLP JAMES R. WAKEFIELD, BAR.NO. 102024 2 2424 S.E. BristolStreet, Suite 300 Newport Beach, CA 92660-0757 3 (949852-1800 4 5 Attorneys for Claimant ASSOCIATED INTERNATIONAL INSURANCE 6 COMPANY 7 8 IN THE MATTER OF THE CLAIM 9 AGAINST THE COUNTY OF CONTRA COSTA 10 11 Claim of ASSOCIATED INTERNATIONAL CLAIM FOR PROPERTY DAMAGE INSURANCE COMPANY and C.B. PATEL AND ECONOMIC LOSS [GOVT. 12 AND GOVIND PATEL DBA: HOLIDAY CODE §9101 LODGE MOTEL ) 13 ) 14 Claimants, VS. 15 COUNTY OF CONTRA COSTA, 16 Respondent. 17 18 19 TO THE COUNTY OF CONTRA COSTA: 20 You are hereby notified that Associated International Insurance Company, whose address 21 is c/o James R. Wakefield, Cummins& White, LLP, 2424 S. E. Bristol Street, Suite 300,Newport 22 Beach, California 92660-0757 claims damages from COUNTY OF CONTRA COSTA. I 23 . 24 BASIS OF CLAIM 25 This claim is based upon damages sustained by ASSOCIATED INTERNATIONAL 26 INSURANCE COMPANY(ASSOCIATED)and its insured C.B.PATEL AND GOVIND PATEL 27 DBA: HOLIDAY LODGE MOTEL (HOLIDAY) as a result of damage sustained on or about 28 February 23,2000 due to rapidly rising flood waters which inundated from the West Antiooch Creek [N6$8i 137780L 4VPDl -1- Aug 10 2000 CLAIM FOR PERSONAL INJURIES[GOVT.CODE§9101 1 at the 10' Street crossing and down stream through the local Ford Dealership. The Flood Control 2 dislocation is inadequate to convey the runoff and that runoff inundated thirty units at HOLIDAY. 3 HOLIDAY suffered significant property damage and loss of income. Some of that loss was insured 4 by ASSOCIATED and paid by ASSOCIATED. Therefore ASSOCIATED is subrogated to the 5 rights of its insured HOLIDAY. We believe the runoff and damage occurred due to the negligence 6 of the County or its employees or agents. 7 II 8 BASIS OF LIABILITY 9 Claimant contends that the COUNTY OF CONTRA COSTA was negligent in the 10 construction and/or maintenance of the flood control instrumentalities and channels. They 11 consitituted a dangerous condition on public property of which the COUNTY OF CONTRA 12 COSTA had notice and that the COUNTY OF CONTRA COSTA failed to warn of the dangerous 13 condition. 14 III. 15 RESPONSIBLE PUBLIC EMPLOYEE 16 The names of the public employees causing claimant's injuries are not currently known to 17 claimant. 18 ISI. 19 DAMAGES AND JURISDICTION 20 The injuries sustained by the Claimants, as far as known at the date of presentation of this 21 claim, include permanent quadriplegia and brain damage. Claimant's'damages exceed$10,000.00 22 and jurisdiction over this claim rests in the Superior Court of the State of California. 23 // 24 H 25 11 26 ll 27 28 H IN68811377801.WPD1 -2- Aug 10 2000 CLAIM FOR PERSONAL INJURIES[GOVT.CODE§9101 I V. 2 FURTHER NOTICE 3 All notices or ether communications regarding this claim may be sent to James R.Wakefield, 4 Cummins & White, LLP, 2424 S.E. Bristol Street, Suite 300, Newport Beach, California 92660- 5 0757. 6 7 DATED: August h„2-000 C;RANCE WHITE, LLP 8 9 B Wakefield 10 for Claimant TED INTERNATIONAL 11 COMPANY 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1N688u377801.WPDj -3- Aug 10 2000 CLAIM FOR PERSONAL INJURIES[GOVT.CODE§81111 z { ru n cr flu 0 C ru s'Z7 h C-� t� m d CLALNI BOARD OF SUPERVISORS OF CONI`}2A COS'T'A COUNTY. CALIFORNIA 2000 BOARD AC 011 SEPTUCER 1 , 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 k pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". ywiCC;NI: $558.28 CLAIMANT: BERKELEY FARMS, INC C/O THOMAS SCHLETEWITZ - Fleet Safety Coordinator ATTORNEY: DATE RECEIVED: AUGUST 10, 2000 ADDRESS: 25500 CLAWITER ROAD BY DELIVERY TO CLERK. ON: AUGUST 10, 2000 HAYWARD CA 94545 BY MAIL POSTMARKED: AUGUST 9, 2000 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: AUGUST 10, 2000 By: Deputye 4Z 41 IL FROM• County Counsel TO: Clerk of the Board of 811pervisors ( his claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was Bled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: r Dated: e`er ," � By: L 'L:, '; ' Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV ' BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: I'l E 'QL PHIL BATCHELOR, Clerk, By 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 N[AII.ING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated_- By: PHIL BATCHELOR By_ L Deputy Clerk CC: County Counsel GZ14uakrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100"' 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 See. 72 at the end ofthis form. Reserved for Clerk's Filing Stamp SE)?KELEYFARUS ti 25500 riftwiter R111ad THOMAS SCHL TZ Heyward,CA 94,545 Fl"t$1,411Y COWOdiha tor (510)265-8600 X6,36 District (Fill in Name) The undersigned claimant reb ares claim against the County of Contra Costa or the above named District in the sum of Z and in support of this claim represents as follows: $,C 1. When did the damage or injury occur? (Give exact Date and Hour) A- ------------ ---------- damage r.njury,-o 110 (Include Ct an C - - -- C I*rJ ---------------------- ----------- 3. How di#the damage or injury 4:CU (Give AM details;We extra paper If required)/,d rt 444 ca� f4x *c <Ttoaq� ' .-CfW� k P k, k —r Ymk (A N6 - ------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 1, bbl - (Over) 5. What are the names of county or district officers,servants,or employees causing the damage or injury? -_-_-�15n________________.._-_-___-_----------------------_--___-_____-___-___-_ _ & What damages or injuries do you claim resulted? (Give:full extent of l.wuries or damages claimed. Attach two estimates for auto damage.) f_ f /# F� t chi ryCi S a�, `#tk c.i :°' ` a ! o t<:,t 1 6 1 C�44or-C L7 7. _How was,the above claimed amours computed? (Incr de thee ea� d amount of any prospective inlur`or damage..) - - Ic -ZAN L I-- ( 1}} t 8. Names and addresses of w'tnesses, ctors,and ospitals. AC _______________________________________________________..__-_--____-_______--__-______ 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 'a5 t6s , 42 * a �raece * �* '0 * * aascaaraaee * �t * rc * ray * st * a Gov. Code Sec.910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney r' ( aima is Si rtatu '� (Andress) Telephone No. Telephone No. [ ay° NOTICE Section 72 of the Penal Code provides: "Every person who,with intent to defraud,presents for allowance or for payment to any state board or officer,or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account,voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($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. BERKELEY - j n c. P.O. Box 4616 � Hayward n California 94540-4616 -Telephone(510)265-8600 Berkeley Farms Shop Iu-House Repairs RE: Broken Running Light on UpRer Cab -- Bobtail Truck #1291 As a result of vehicle accident of 7/5/00 involving truck 41291, the following repair cost is being submitted: Labor Cost: $65.00 per 1 hour, which included removal of broken running light and replacement of new running light. Fart Cost: $25.61, for lamp assembly 915442-A. Part Cost: $4.43, for plastic lamp cover #E6HZ-15A403-A. Total of Repairs: $95.04 Joe Sparks Fleet Manager/Garage (510) 2+65-8671 8425 Carbide Ct.,Sacramento,CA 95828-5609 (916)689-7613 1133 Enterprise St.,Vallejo,CA 94589-2223 (707)642-3700 . 6969 Clark Avenue, Newark,CA 94560-5921 (510)744-1300 13507 Blackie Road,Castroviile,CA 95012-3211 (831)633-2697 2680 Cloverdale Avenue,Concord,CA 94518-2403 (9.25) 676-5898 2065 Oakdale Avenue,San Francisco,CA 94124-2096 (415)821-5900 a 1276 Reamwood Avenue,Sunnyvale,CA 94089-2233 (408)734-9607 r� +' IN Qs{ wQ rh�4f, 1 4T,y r w hs, u C d ward • t �� 4 + i .`hpq } 'C qty n a t fl J All Ir LET: LN vkl :&1111"*IMI 129 # I. elved i t is t `d l L!9SS90 1 S SSV-10 kgos 3 6 Ooz -t t—! 'R+Ss4 f i ar6' ,af.x S. i r r a+kf� �� • :. '.y� ice.( Y '•9 ' k � h t "x r.N4rY ' � . } { { ` r 5. r �S. 4 w. n d1 A ? ,✓ -Y , S NO .....;........ lfE WDM www . r Alr Y t f K r � b } X ..f.� •�J�F� } 1 5� Y lifftii � 3fKiiff . ,. sirfcsi `� fitYfif � a �" isfiNif q- ftia.ii „ *sell" ff' SL h•N _ ` u fi v t a a `w #, ti 2 st ------------ A v ... _ PWAN iV ... ..... AA LU 3 � w a Y t C W � 1+ir � CIAIM L� BOARD OE SUPEPMSQRS OF CONTRA co-aAcmin. CA 1A M ACII s �DS19,2000 Crim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to 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 915.4. Please note all "Warnings". AMOUNT: $10,000.00 A t,,<r 2 2 011 CLAIMANT: Kenneth G. Enke ATTORNEY: DATE RECEIVED: AUGUST 22, 2000 ADDRESS: 1004 GARCIA RANCH RD BY DELIVERY TO CLERK ON: �atlgt» _ 2Q. 2000 MARTINEZ CA 94553 BY MAIL POSTMARKED: Flancl-LIP.1iyered L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BAT9 LOR, Clerk Dated: AUGUST 22, 2000 By: Deputy � --` 4 r .- �{' e f 11. FROM County Counsel TO: Clerk of the Board of Superviso (-,. ✓This claim complies substantially with Sections 910 and 910.2. ( } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ' By: Deputy County Counsel III. FROIVI: 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 t3R1CDER: By unanimous vote of the Supervisors present: V}} 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- 2, V00 PHIL BATCHELOR, Clerk, By , `W � , 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. AFMAVTT OF NL4B-ING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: t `' By: PHIL BATCHELOR By Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California. Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. Contra Costa County Board of Supervisors County Building Martinez Ca 94553 EIE ,. F ROM: KENNETH G. ENKE AUG 2 2 2000 1004 GARCIA RANCH RD CLERK BOAN) SUPERVISORS A C(3, MARTINEZ, CA 94553 CONTRCOSTA PHONE(925)370--6940 Regarding claire for$10,000.00 1. False Arrest. 4n Saturday, 22 July 2000 at approximately 10:00 AM 2. Unlawful Detention. 3. Lack of Proper Medical Attention 4. Failure to Provide Required Prescription Medication . 5. Failure to Provide Meals Within Dietary Restrictions(Ue Low Sodium/59m Protein) 6. Nursing Staff'was not made available until 6:40 PM on Saturday at which time I was advised Lactulose would not be available until Monday, 24 July 2000.1 advised the Staff Nurse if medication was not provided she should transfer me to emergency for treatment. Medication was finally provided on Sunday, 23 July 2000 after the Ammonia level in my blood stream was exceeding safe levels. T 4n Monday, 24 July 2004 at 08:30 AM Judge M. Coleman ordered me Released from custody, .However I was not released until approximately 6:00 PM 8. On Friday, 28 July 2000, 1 was admitted to Contra Costa County Regional Medical Center Emergency Room for Treatment resulting from lack of medication and improper diet while in custody. I was discharged from C.C.R.M.C. on Sunday, 30 July 2000. 9. On Friday, 04 August 2000 a Court Probation Officer for Judge D. Cunningham found that the warrant had been issued in error, offering restitution for time spent in Jail. 03 , � tteM,SENTENCE,COMMITMENT FORM CL ERK'S DOCKET AND MINUTES PA )EFENDk%1T Q; kf�_ _.. DEPT..SZQ-- DATE__ 5�� ��'�C � TIME Gs �� ttX✓__f DEFENSE ATTORNEY �'�?____ .,._ _ _- 1#ME__ WA€VED :USTODIAL STATUS R _......_ : t 1 t7;3.._MVC 44 101_!5 G _016 2 PROCEEDINGS TY MINUTES CEriT1>iE[7 CORRECT REPORTER, �k '!�'�<' "" __-..._..CLERT RK D n GI41RAI+D0 SS#C3N, COURT � DEPUTY CLERK --,----.JUDGE _ ., . w_ REPORTER_ ___.._1_ CLERK APPLICABLE ENTRIES MARKED A proceeds In PRG PER A C3 Answers true name as charged 11Bench/Arrest Warrant to Issue P eft.appears 0 In custody 0 Deft.not appearing e A Bail set at$ a ©Witti/by Atty./Pub.Def./ADO A C Waives Arr/reading of Complaint e ❑Recalled 0 Set Aside Cl Remain Out A Cl De Dist,Atty. 4 El Handed copy of Complaint/Discovery A C, No PTA Release r] No Vol.App. A urt Pit i robation tiff. ^` N N M Ll Deft.duly arr.❑ Video El on Prob.Vio, T ❑ Hold until E0 lntsrp. sworn/oath on file EC] Deft,waives arr.on amended complaint. e 0 El Bali forfeit&continued 190 days 0 Bali Eaton 0 Cert. 0 Nom-Cert. 0 GualRfled per Rule 984.2 T A D 0 Bail forfeiture set aside&reinstated 0 Order #nL C1 int.Coord.notified r-s upon payment.of fee$ 11 Referred To:PUBLIC DEFENDER w c N © Referred To:PROS.Bail Study/PPR A 0 Written Plea filed OPleads Guilty,Ct.# o g v El Pleads No Contest,Found Guilty,Ct.# N F D Refemad per Cl 2813.1 PC(�1368 PC E 0 Pleads Not Guilty,Cf.# i C1 R0 Adult Pre-Trla#/PC 1000 Diversion eligibli ty a N R 0 Pub.Def.Conflict Filed;Appointed ADO �0*fury Trial Waived/Demanded u El A 0 Reportxo for booking i 7 Time for Trial/Sent Waived/Not Waived A a 0 977 waiver Mad ©170.6 PC filed/oral e M Time for PX 10/60 Days Waived/Not Waived e [1 Vacate date of 0 in re law notice given s El Admit/Denies Prlors/Refusa#/Enhance s C3 Def.must/need not appear 0 Poo/Oaf.Motion-to/for/cont, p C1 Court Probation granted for motyr M 0 Submitted with argument 0 without argument �� is TdaUPC 1000 Diversior. ad T C] GlUnted 0 Denied O'Submitted 0 No Action Taken a Prob version/Re€nstat �ff::xcept ended to M0 Grounds: T Original terms in full force and as ordered. 6 0 D,A,Motion to file amended complaint 0 Deft. ghren/waivi3ti rights to Revoc.Hg;Admits/Denies allegations 0 Complaint amended on its face to add Ct.# N 0 Prob.Revoked.C1 Def-found in violation of probation D a violation of section 0 Probstion/Dlversion:Terminated:SuccessfultylUnsuccessful#yMwied IE 0 Pursuant to 23103.50VG C- Pay Prob.Volo,fine of$ 0 Upon payment of fine%ompletton of fail sentence Re 0 Strike the words felony and feloniously.Substitute the 0 Criminal Proceedings AsinstatedtDismissed word misdeeanor whatever it appears In,Complaint. - 0 Per Court/DA disrrries,GomplaintlCt.# ' 4 ..�✓�i�''#%' . -�Z.`. �- �i-!"ice y�"�'>`-=,� C�� ,- . �r IF M Pay a fine of$ C1 Rest.Fine of C 0 Be impris d not ' Intl bdjr aE#Ss U 10 Pay$10 cite fee/$25 Booking Fee/$---C-JA Fee 0 Cl � ---� monthslyears credit p C1 Do not use any alcohol.Do not N 1110 Pay balance of fine/Coin lieu of fine 0Susp.$ after fine,l;s 0 days/monthstyears suspended 0 go to places where aloohoiic s C Make monthly payments to CCU P.O.Box IS%l riez,CA 946% T 0 Sentence to commence N beverages are the chief Item of sale. 0 Phone(510)846-1951 by e Cl serve consecutivehxsncurrent DC7 Attend-ANNA o 0 hours Volunteer work by Fee$- - N 0 with ®with any sentence � meetings per week and present Re-re#ertteinstate to Leve#itLevel liiPCDDP ,Cl N#aIn Jail 0 Electronic Home Detention 0 proof at each court appearance, N *C7 Referred to ORO for Attorney Fee Costs of$ 0 WAP Contact CAS immediately 7 within 15 days. rt 0 Submit to search and testing F 0 License Suspended/Revoked monthsyears 0 Day for day credit for time served In approved residential 0 Destroy©'Retum weapon e Cl DL91o/DL3t39 Served n Advised:i;4W7 8 C.VQ program,Ptoof by 0 Buy a C3 Pay flne/6ompfy or appear on at f frarn �..1 it £,x-�! �f~J' ��.��'.� '' i L`�"� ^""r".'i�a�.,J �,f3� 1✓f L�!1� ��'�" `./b.�,j/. '�„ ;.�7."'f' F�,r"�1�Jt'},J Cul REMANDED to County Jail: 11 Ordered released 0 On OR OProm#ss to Appear 0 Def.to,be allowed phone calfs Bail Set in the sunt.of$" 0 Court Courtesy 0 state Prison Commitment 0 2amrniued to custody until sentence is satisfied in full TO THE SHERIFF:COMMITMEt+T.1."by certify that alis'l$s true copy of the Entry of Judgment or Order and Is your authority for ft execution thereof. 0 See other minute pages for adt" nal proceedings. ATEtY (JDG OF THE SUPE= GRIM,MINUTES(8/98) See attached additional orders. LIr 03 i7777'V-#".' ,Y. 0i NCTtCE,SENTENCE,:COMMtTME,NT FORM CLERK'St _; ND FAINUTFS y A + ,; . Vi - T'A RATE`H ' a __..__..�._.....�......��.DEPr.�'���wbATE TIME 94553 DOS 09/05/i9= ROC_ WARR__._f-f1sS> __ PROS.._.. j R K DEFENSE ATTORNEY.___._ I? L1" 1 C TIME _—.:—Vt+AA CUSTODIAL STATUS "t+JARf~;'. (a) G - 02 .I"i_ (NC ,23i=�Iq)._ DSM 03_M CVC 1.4,60J.5 G 14-062 PROCEEDINGS MINUTES CERTIFIED CORE JUDGE _.._ .i (,5 L. N _... . ERT R TER._._._. ... ffr'h; L L _ G EPRit_ HENNE ASSIGN. COURT DEPUTY TO DEPT. ._ . ._.....JUDGE APPLICABLE ENTRIES MARKED A ❑ Deft.proceeds in PRC?PER A ❑Answers true name as charged w 73Bench/Arrest Warrent to issue P LA�Deft.appeam��in custody 17 Deft.not appearing a A Sall Set at$ P E Cl Wlth/by Atty./Pub. Def./ADO ❑ Waives Arr/reading of Complaint R Recalled❑Set Aside ❑Rernaln Out A ❑ Deputy Dist.Atty. G ❑ Handed copy of Complaint/Disoovery A LL11 No PTA Release F1 No Vol.App, R N N A ❑ Court Probation Off. m 0,Deft.duly arr. 13Video ❑ on Prob.Vio. T ❑Hold until N C ❑ Interp. swornloath on file D Deft.waives arr.on amended complaint. a R ❑Bail forfeit&continued 190 days El Ball Fac E ❑ Cert. ❑Non-Cert. ❑Qualifiedr Rule 984.3 pe T A ❑Bail forfeiture se#aside&reinstated ❑order int El Int.Cozad.notified s upon payment of fee$, © Referred To:PUBLIC DEFENDER w C R C1Referred To:PROS.Bail Study/PPR A ❑Written Piga filed®Pleads Guilty,C#.# N❑ E ❑ Referred per❑288.1 PC❑1368 PC v ❑ Pleads No Contest,Found Guilty,Ct.# T E ❑ Pleads Not Guilty,Ct.# r 1-19 ❑ Adult Pre-Trial/PC 1000 Diversion eligibility R N R st a Jury Trial Waived/Demanded R ❑ Pub.Def.Conflict Filed;Appointed ADO p El Time for Trial/Sent Waived/Not Waived A ❑ Report,to for booking L N L ❑ 977 waiver filled ❑170.6 PC filed/oral E ❑ Time for,:PX 10/450 Days Waived/Not-Walved •C ❑Vacate date of A �,i...�-�: *., E ❑ In re 14w notice given 9 ❑etramlAnies _� _ Pr+om Refusal/Enhance s ❑ Def.must/need not appear El Peo/Def.Motion to/for/cont. p❑ Court Probation granted for—mo/yr Submitted with argument❑without argument o Cil Adu#t-Pte TnaVPC 1 Diversion granted I❑Granted ❑Denied ❑ Submitted ❑No Action Taken kZ;eProbailo biversio state odified/Extended to ' o❑Grounds: T divnat;nns in full fo efi#ect except as ordered. N e❑ D,A.Motion to file amended complaint ❑ Deft.given/walved rights to Revoc.lip;Admits/Deriles allegations a❑Complaint amended on Its face to add Ct.#—, N❑ Prob.Revoked:❑Def.found ire violation of probation R a violation of section ❑ Probation/Diverston:Terminated:Suocessfully/Un fully/Denled D E ❑ Pursuant to 23103.8CVC ❑ Pay Prob.Vio.fine of$ ❑ Upon payment of finalbornpletion of JaH sentence R ❑Strike the words felony and feloniously.Substitute the ❑ Criminal Proceedings Reinstated/Dismissed word misdemeanor wherever It appears in Complaint: C7 Per CourVDA dismiss,ComplainVCt.# ❑ Pay a fine of$ ❑Rest Fine of Ctf�- imprisoned day onths/years o❑Obey all laws. ❑ Pay$10 cite fee/$25 f3ooking Feel$ CJA Fae G day+My r�tti ears R 0 Do not use any alcohol.Do not E❑ Pay balance of fine/Din lieu of fine❑Susp.$,.after fine.M❑ days/monthalyears nded0 go to pieces where akzrh t a❑Make monthly payments to CGU P.O.Box 1669 Martinez,CA W53 T ❑sentence to commence _- N beverages ere the grief item of sale o Phone(510)646-1951 by € ❑serve consecutive%ncurrent 1❑Attend. - AA/NA R 0❑.- __ -_hours Volunteer work by Fee$ T El with - ❑with any sentence meetings per week and present R C3Re-refer/reinstate to Level I/Level II/PCDDP s ❑Main Jab❑Electronic Home Detention 0 proof at each court appearance, 9❑ Referred to ORO for Attorney Fee Costs of$ ❑WAP Contact CAB Immediately/within IS days. 9❑Submit to search and testing #❑ License Suspended/Revoked months/years ❑Day for day credit for time served In approved residential ❑Destroy❑ Retum weapon ❑ DL310/DL308 Served❑ Advised 14607.6 CVC program.Proof by ❑stay away from Pay fine/Comply or appear on at ❑REMANDED to County Jail: ered released ❑On OR OPrornles to Appear ❑Det.to be allowed phone calls Bail 3e#In the amt of$ `❑Court Courtesy ❑ state Prison Commitiyrent ❑ mmilled to custody until sentence is satisfied In full TO THE SHERIFF-COMMITMENT:I hereby 6ertify that this is a true copy of the Entry of Judgment or Order and is your authority for the execution thereof. 0 See other minute pages for additional proceedings, TSS: JUDGE OF THE SUPERIOR OOit J 1'i CRIM.MINUTES(8/98) See attached additional orders, a . w.a.av v am♦ vL'V i I'Y tF�ii1CLi}'}I'}}w F'}}YwiJ}VY17. t!'}.8��GTZ 97 3(. 04 . CONTRA COSTA HEALTH SERVICES CONTRA COSTA REGIONAL MEDICAL CENTER DISCHARGE INSTRUCTIONS .4 MAttT '925 22P—(-,^�: 3 NTP RESIDENT ! ATTENDING DISCHARGING._ 9 f Q S./ 1 14 1 L c 1 , J ° CD MEDICATION INSTRUCTION SHEET given to patient/family/caregiver 1 7/ 2 Fi f v f SPECIAL, INSTRUCTIONS HOME MEDICATIONS DOSE ROUTE FREQUENCY NEXT DOSE DUE ./� (food/_ dry interactions) _ f DIET ACTIVITIES #+ OK TO DRIVE C YES 0 NO PRECAUTIONS BATH/SHOWER Cl YES C NO EQUIPMENT COMPANY PHONE WOUND CARE INSTRUCTIONS SUPPLIES OTHER SPECIAL INSTRUCTIONS II��I IfYilllA•�I�OYI IYIIIIY II�Ii41�1Y1 MEI YYI�PIII�MIiI�-rllr�iq IillAt 0 HOME HEALTH 0 HOSPICE AGENCY PHONE PHYSICAL/OCCUPATIONAL THERAPY COPY OF DISCHARGE SUMMARY 0 YES 0 NA DOCTOR!OTHER DAY!DAVE TIME HEALTH CENTER LOCATION CL j ` yf i 4— r , C� TO SPEAK WITH AN ADVICE NURSE,CALL 1-877-661-8230 EMERGENCIES,CALL 911 # UNDERSTAND THEA I CTMON S' not patient/patient's legs representative if si ed by other sn patient,indicate relationship i Date — e Nurse's signs we. Title Print Name 0=1: Medical Record MR376-7 (4-00) yellow: Patient/caregiver Pink: Clinic/provider DISCHARGE INSTRUCTIONS . CLAIM BOARD DE SUFFEnSORS OF._CM, 11RA (MIA,-C JNTYs CAUEOMIA BOARD AMD smEmER 19, 2000 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 915.4. Please note all 'Y arn ngs AMOUNT: $1,213.16 CLAIMANT: GEORGE R. NELSON JR. # #` r ATTORNEY: DATE RECEIVED: AUGUST 16, 2000 ADDRESS: 2708 .SONES ROAD, APT. 3 BY DELIVERY TO CLERK ON: AUGUST 16, 200Q WALNUT CREEK CA 94596 BY MAIL POSTMARKED:AUGUST 1.6,x_2000. L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BA, LOR, Cl Dated: Acus t 1S. 2000 By: Deputy e II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( 'Phis claim complies substantially with Sections 910 and 910.2. { ) This claim PAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 410.8). ( ) Claim isnot timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 311.3). ) Other: Dated: Ir nt so By: Oto—Deputy County Counsel Iii. FROM Clerk of the Board TO: County Counsel (1) County Administraor (2) ( ) Claim was returned as untimely with notice to claimant (Section 311.3). T BOARD ORDER: By unanimous vote of the Supervisors present: This Claire 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 ' ;9) 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 Governm=ent 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, addressed to the claimant as shown above. Dated: C -` '' By: PHIL BATCHELOR BDeputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. Claim.to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100`x` 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 Roam 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 he 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 Cotte Sec. 72 at the end of this form. RE: Claim by ) Reserved for Clerk's Filing Stamp } } 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 named District in the sum of S l ,/ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact rate and Hour) - -------------------------------------------------------- 2. Where did the damage or injury occur? (inciude city and.county) 3. How did the damage or injury occur? (Give ruii details,use extra paper if required) ?a �---------------------------------------- 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? +/�/`/� �►p�'�".+'� ,%fir 7'�=i�',t�� tyi"'�'�' ✓/r�'TC9i--,1�'� (Over 5. What are the names of county or district officers,servants,or employees causing the damage or injury? ---- .d 4'____ G►! S____C).fpz�,�_____________________________________________ 6. What damages or injuries do you Claim resulted' (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) [ e�d+rld �;.- f'G� ,�"'1"'e7.►y. G"a T l�a"�`-!e•�..IJG- CJ t..�.L. �rJ 44Jf',2,' Grp /c'!:✓r r?`tyi Gt r at+Ke-ke 7. ___-- f_---_---____..__________________----__-_-_--_l_--_..___-----_--__-___-_---_--__ 7. How was the above claimed amount computed" (include the estimated amount of any prospective injury or damage.) --�%+i!f G /G?/Y_- �Cl� ,,, /R' +".r�_ J�"�`_'�`_.G.+:'.�"1.!�1�_�!_!"'cdcl►�+��tj0"'J..t':_'wf"'r.S+d___"_"'- 8. Names and addresses of witnesses,doctors,and hospitals. --------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Is Is Is Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney (Clai Signature) {Address) Telephone No. Telephone No. 5�'„ - NOTICE Section 72 of the Penal Code provides: "Every person who,with intent to defraud,presents for allowance or for payment to any state board or officer,or to any county,city or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim., bill, account,voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($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. 08/15/00 07:57 V5104715986 CADILLAC PLASTIC AUG-i OC TUE 7:25 Ay. H"'RRIS AND HARRIS rAA nu, 71uti�.ovo Z002/002 George R.Nelson,Jr. 2708 Jones Road,43 Walnut Creek,CA, 94596 (925)256-8112 August 15,2000 Clerk of the Board of Supervisors Room 106, County Administration Building 651 Pine Strut Martinez, CA. 94553 Re: Claire for Damages Dear Sir or Madam; This is in reference to the damage done to my 92' Mustang GT on July 27, 2000. The event was due to lack of planning and preparation by the Public Works Department. I was not informed in any way of road construction nor was there any"Nth Parking" signs placed anywhere in the vicinity of my Apartment. My vehicle is equipped with a modified suspension,for competing in Sanctioned events and cannot be raised off the ground without the special tools and care,as a result of this improper towing there was damage to the lower front of'the vehicle. The Public Works Department was closed the next clay on Friday the 28"'in which I left a message. The following Monday,I was contacted by Public Works employee Dan Peliegerni_ He informed raze that there was mass confusion that day due to improper planning and coordination and several mistakes had been made. lie then gave me the number of your Risk.Management Department olid told me to speak to Sharon Haims. Sharon Haims instructed me to get an estimate on the damage and sent me the enclosed lalm farm. I have several pictures to further collaborate my clairn if needed. Thank you for your immediate attention to this matter. Please telephone, should you have any questions or comments. Very truly yours, 4'.'"�-� ;_ a son,Jr, 08/14/2000 at 02:24 PM Job Number: 13975 FR.EMONT FORD COLLISION CENTER License #:AE95030 Federal ID #:942819185 39700 BAL•ENTINE DR NEWARK, CA 94560-9456 (510)661-0206x7122 Fax: (510)683-9110 PRELIMINARY ESTIMATE Written by: STACEY GARCIA # Adjuster: Insured: GEORGE NELSON Claim # Owner: GEORGE NELSON Policy # Address: Deductible: Date of Loss: Day: Type of Loss: Evening: Point of Impact: Inspect Location: Insurance Company: Days to Repair 1992 FORD MUSTANG GT 8-5.OL-ISO 3D Int: VIN: 1FACP42E3NF178911 Lic: Prod Date: 07/1992 Odometer: Intermittent Wipers Tinted Glass Body Side Moldings Dual Mirrors Clear Coat Paint Two Tone Paint Power Steering Power Brakes Driver Airbag Positraction Cloth Seats Bucket Seats Recline/Lounge Seats 5 Speed Transmission Aluminum Wheels ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 1 FRONT BUMPER 2 Repl Cover 1 475.67 2.7 3.0 3 Add for Clear Coat 1.2 4 Add for Two Tone 1.2 5# FLEX 1 8.00 6# COVER CAR 1 1 08/14/2000 at 02:24 PM Job Number: 13975 PRELIXIKA tY ESTIMATE 1992 FORD MUSTANG GT 8-5.OL-HO 3D Int. NO• OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT 7# TINT COLOR 1 0.5 8# COLOR SAND & POLISH 1 1.0 o.._______..______.._.._-___....____________-.___,._____..______-___..____..____..___..____- Subtotals ==> 483-67 4.2 5.4 Parts 483.67 Body Labor 4.2 hrs B $ 56.00/hr 235.20 Paint Labor 5.4 hrs B $ 56.00/hr 302.40 Paint Supplies 5.4 hrs B $ 26=00/hr 140.40 SUBTOTAL $ 1161.67 Sales Tax 624.07 B 8.2500% 51.49 GRAND TOTAL 1213.16 ADJUSTMENTS: Deductible 0.00 CUSTOMER PAY $ 0.00 INSURANCE PAY 1213.16 Estimate based on MOTOR CRASH ESTIMATING GUIDE. Non-asterisk(*) items are derived from the guide DE2JC65. Database Date 412090• Double asterisk(W items indicate parts supplied by a supplier other than the original equipment manufacturer. Pound sign (t) items indicate manual entries. CAPA items have been certified for fit and finish by the Certified Auto Parts Association. ?SAGS Part numbers, Prices and Labor Times are provided from National Auto Glass Specifications, Inc. Pathways - A product of CCC Information Services Inc. 2 A . . . « > . / Lrt : ƒ « U » U . ? Lr, fC y w � ■ : Ln 2 M co CD D / 2 f'. , a. � , > . t � � \ . � . . � - t . $. . CLAM t BOAR OE SUPERVISORS DE CONTRA COSIA CQil�liys CA 1A g{MDACnSEPTEMER 19, 2.000 Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, 3 NOTICE TO CLAIMANT and Board Action. All -Section references are to 3 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 ' v 915.4. Please note all "turnings". AUG I ' AMOUNT: $26,000.00 CLAIMANT: MYRON D. SCHRORER AND CINDY ATTORNEY: c/o RONALD C PECK, SB# 78892 DATE RECEIVED: AUGUST 16, 2000 SCHENON'E & PECK ADDRESS: 1260 B STREET SUITE .350 BY DELIVERY TO CLERK~ ONT: AUGUST 16, 2000 HAYWARD CA 94541 BY MAIL POSTMARKED: AUGUST 15, 2000 L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PML BAT LOR, Ner Dated: AUGUST 16, 2000 By: Deputy 11. FR County Counsel TO: Clerk of the Board of Superviso s { ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Boars cannot act for 15 days (Section 914.0. ( ) 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 921.3). ( ) Other: i Dated: ` r $y: Deputy County Counsel III.. FROA- Clerk of the Board TO. County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). { IVB. 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. Date • PHIL BATCHELOR, Clerk, B ' Deputy CIerk 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 rnail 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 N AILJNG 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 By � ' � Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. BART 7:SCHENONE ROAALD G.PECK LAW OFFICES OF SCHENONE chi PECK -- - 1260 B street,Suite 350 Hayward,California 94541 TEL:(510)581-6611 FAX:(510)581-6174 4 } August 14, 2000 --- TO: Clerk of the Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 RE: SCHROER ENCLOSURES: Claim farm (original and. two (2) ) ; and Self-addressed, stamped envelope. REQUESTED ACTION: Please file the enclosed claim form. Please return at least one (1) endorsed copy in the envelope provided. Thank you for y9ut assist nce. 'ncerely, r ' SCHENONE & PEC B y RONALND� . PECK Enc CC : Myron Schroer Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presentednot 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 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 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 ) MYRON D. SCHROER and ) CINDY C. SCHROER Against the County of Contra Costa or } District) (Fill in name) ) The undersigned claimant hereby snakes claim against the County of Contra Costa or the above-named district in the sum of$.26,000.00tnd in support of this claim represents as follows: 1. When did the damage or injury occur?(Give exact date and hour) On or about June 1 , 2000; the exact date is unknown since claimants only learned that the County demolished their residential structure after the demolition occurred. 2. Where did the damage or injury occur? (Include city and county) 41 South Bella Monte Bay Point, CA 94565 3. How did the damage or injury occur? (Give full details; use extra paper if required) On or about February 11 , 2000, the County gave notice to the claimants as holders of a deed of trust that was in foreclosure of the need to abate a public nuisance on the above reference property within ten ( 10) days. (continued on next page) #3 continued. As a secured lienholder on the property, this notice, and the potential demolition of the residential structure on the property, affected Claimants' substantial economic interest in the property. other lienholders were also notified. Claimant MYRON SCHROER immediately contacted the noticing agency (Building Inspection Department) and worked with the assigned building inspector to (1) eliminate all health and safety violations; (2) demolish the non-conforming addition; (3) cleared the lot ; and (4) secured the property. Claimants completed this at their substantial cast, with their own labor. Claimants remained ready, willing, and able to perform any other work on the property that was necessary to abate any nuisance; Claimant MYRON SCHROER did everything the building inspector representative told him to do; he was told nothing further was required at that time. This work was completed in approximately mid-March, 2000 . No further notices were given to Claimants of any further inadequacies or problems . On or about June 1, 2000, Claimants learned that the Building Inspection Department demolished the residential structure on the property without further notice to Claimants . The Building Inspection Department did so even though they knew that Claimants had a recorded deed of trust on the property that was in foreclosure; and that Claimant MYRON SCHROER was responsive to the County' s prier notice, and was willing to resolve any other problems on the property. 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? Demolition of the residential structure; failing to provide prior notice to Claimants; imposition of an approximate $11 ,OOO lien on the property. 5. 'that are the names of county or district officers, servants, or employees causing the damage or injury? MIKE MOLINARI and the clerical assistant in the Building Inspection Department who failed to provide notice to Claimants . 6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) a) Imposition of an $11 ,000.00 lien, and b) Decline in value of the property - $15,000.00 Total - $26,000.00 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) a) Amount of recorded lien; and b) Opinion of real estate broker .for prospective buyer. 8. Blames and addresses of witnesses, doctors, and hospitals. MYRON SCHROER, 534 A Street, #4, Hayward, CA 94541 9. List the expenditures you made on account of this accident or injury. DATE TAMOUNT Approximately $3 ,000.00 in Claimants ' .labor and materials in abating the nuisance after the first notice. } Gov. Code Sec. 910.2 provides"The claim must be } signed by themannbor `. some person on his behalf" SEND NOTICES TQ: , (Attorney Name and Address of Attorney } ................... RONALD G. PECK ( SB# 78892) SCHENONE & PECK } - 1260 B Street, Suite 350 } (Clai is Signature) Hayward, CA 94541 ) } 534 A Street, #4 (Address) } Hayward, CA 94541 } } Telephone No. 510-581-6611 }Telephone No. 510-886-0311 NOTICE Section 72 of the Penal Cade provides: Every person who,with intent to defraud,presents for allowance or the payment to any state hoard 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(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($10,000),or by both such imprisonment and fine. .. � n v0k % « «"o « n � T \ % # D ® ® f a \ q 0 $ « ® 0 ® « rte $ 0Cr mo % \ o m 2 0�R mem VI 4 \ � & 0 : $ \--I - ` \\ c\ \& 1 \Lo y\ \� � 3.$ $ ii P CILAIM t r CALF IN 2000 R=p A0 SEPTEMBER 19, 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, 3 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 "turnings". A vlOUIN T: Exceeding $25,000.000 CLAIMANT:SxONJA WEEKS, NICOLE WEEKS, CHARMANE WEEKS, DAYSIIANAE DARNELL AND MALIK DARN-it RECEIVED: AUGUST 10, 2000 C/O ELIZABETH ANN 'REIFLER ADDRESS: LAW OFFICES OF ELIZABETH ANN BY DELIVERY TO CLEF ON: AUGUST 10, 2000. REIFLER 207 620 EAST WASHINGTON STREET, STE BY MAIL POSTMARYED: HAND-DELIVf D PETALUMA CA 94592 L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk w Dated: AUGUST 10, 2000 By: Deputy ' B. FROM- County Counsel TO: Clerk of the Board of upervisors (This claim complies substantially with Sections 910 and 910.2. ( } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8), ( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: f By: Deputy County Counsel IQ, FROM: Cleric of the Board TO: County Counsel (1) County Administrator (2) k , Claim was returned as untimely with notice to claimant (Section 911.3). F IV. BOARD GIRDER: By unanimous vote of the Supervisors present: (7 . 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-,4e&—] ` L%i-'`= 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. AFFIDAVCT OF NIA ANG 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; ` ; `7CP� By: PHIL BATCHELOR By Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive does�t waive of its rights under California Tort Claims t nor rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. I ELIZABETH ANN REIFLER (State Bar No. 110989) Law Offices of Elizabeth Ann Reifler 2 620 East Washington Street, Suite 207 Petaluma, CA 94952 3 (707) 766-7710 or(415) 457-3330 FAX (707) 7667713 RECEIVED 5 Attorneys for Claimants AUG SONJA WEEKS,NICOLE WEEDS, 6 CIARMANE WEEKS, DAYSHANAE DARNELL, and MALIK DARNELL CLERK BOARD OF�P�Vi RS NTRA7 8 9 CLAIM FOR DAMAGES FOR.PERSONAL INJURIES 10 AGAINST GOVERNMENTAL ENTITY 11 [Government Code Sections 910, et seq.] 12 NAME OF CLAIMANTS: SONJA WEEKS, NICOLE WEEKS, CHARMANE WEEKS, DAYSFIANAE DARNELL and MALIK 13 DARNELL 14 ADDRESS OF CLAIMANTS: c/o Sonja Weeks, 835 Georgia, Vallejo, CA 95410 15 CONTACT CLAIMANT ONLY AS FOLLOWS: 16 SONJA WEEKS, et al. 17 c/o Law Offices of Elizabeth Ann Reifler 18 620 East Washington Street 19 Petaluma, CA 94952 20 'Telephone: (707) 766-7710 21 FAX. (707) 766-7713 22 NAME OF RESPONDENT ENTITY (OR ENTITIES): 23 L Richmond Police Department [Richmond, California] 24 2. City of Richmond [Contra Costa County, California] 25 3. County of Contra Costa, State of California 26 4. Contra Costa County Sheriff's Department 27 5. Contra Costa County Detention Facilities [Martinez, California] 28 6. Doctors Medical.Center [San Pablo, California] ADDRESS OF RESPONDENT ENTITY (OR ENTITIES): I Richmond Police Department 10900 San Pablo Avenue 2 Richmond, CA. 3 Citv of Richmond [Contra Costa County, California] 4 33625 th Street Richmond, CA 5 6 County of Contra Costa, State of California 651 Pine Street 7 Martinez, CA or 8 c/o District Attorney's Offices 10 Douglas Drive 9 Martinez, CA 10 Contra Costa County Sheriffs Department 11 651 Pine Street Martinez, CA 12 13 Contra Costa Detention Facilities c/o County of Contra Costa 14 651 Pine Street Martinez, CA 15 and 100 Ward 16 Martinez, CA 17 Doctors Medical Center 18 2000 'gale Road San Pablo, CA 94806 19 20 DATE OF INCIDENT GIVING RISE TO CLAIM: 21 February 12 and February 13, 2000 22 DESCRIPTION OF INCIDENT/EVENTS: 23 A. Claimant SONJA WEEKS is the natural mother of IVORY WEEKS III 24 [deceased]; . 25 B. Claimants NICOLE WEEKS and CHARMANE WEEKS are the natural 26 sisters of IVORY WEEDS III [deceased]; DAYSHANAE DARNELL and MALIK 27 DARNELL (both minors) are the natural niece and nephew of IVORY WEEKS III 28 [deceased]. - 2 - I C. Claimants hereby make claims for the wrongful death of IVORY WEEKS III, 2 who died in the Contra Costa County Detention Facilities located in Martinez, California 3 on or about February 1.3, 2000. Claimants further make claims for defamation and for 4 intentional and/or negligent infliction of emotional distress, as well as any and all other 5 claims that may be legally based upon the facts set forth herein. 6 D. IVORY WEEKS III was 19 years of age at the time of his death. DOB 7 8/11/1980. His race was Mulatto [his mother's race is Caucasian-American and his 8 father's race is African-American]. Prior to his death, IVORY WEEDS III resided at 9 110 South 17`x' Street, Richmond, CA 94804. 10 E. IVORY WEEKS III was arrested near 1250 MacDonald Avenue in the City of 11 Richmond, Contra Costa County, California on or about February 12, 2000, at 12 approximately 15:45 hours. At that time, there was an outstanding warrant for his arrest 13 issued in San Diego County(probation violation). 14 F. The arresting officers were apparently from the Richmond Police Department; 15 their full names are presently unknown to Claimants, but should be known to the 16 Richmond Police .Department. Officer Chesney is the arresting officer shown on the 17 Booking/Charge Report completed by the Contra Costa Detention Facilities. 18 G. According to witnesses, IVORY WEEDS III ran away when he saw the 19 officers and the officers chased him on foot, tackling him or throwing him down on the 20 ground to stop his progress, then arrested him. Claimants are informed and believe that 21 IVORY WEEKS III was thrown down by the officers and landed on concrete and/or on a 22 large rock or rocks at the edge of a paved parking lot, causing him pain and injury. 23 H. After arresting IVORY WEEKS III, the officers took him to Doctor's Medical 24 Center in San Pablo, California and had the hospital induce vomiting by IVORY 25 WEEKS III, among other medical interventions and/or tests performed on IVORY 26 WEEKS III. The attending doctor was Dr. Laurel Hodgson Claimants are informed that 27 this was done because the police officers thought that IVORY WEEKS III had 28 swallowed rock cocaine just prior to his arrest. However, apparently no cocaine and no - 3 - I other drugs were found on or near IVORY WEEDS III by the police officers, the 2 hospital or the Contra Costa County Detention Facilities personnel at any time herein 3 relevant. Claimants are informed and believe that IVORY WEEKS III was injured by 4 the treatment he received at Doctors Medical Center, and that he complained repeatedly 5 that his head and his stomach hurt from February 12 until his death on February 13, 6 2000. However,he was taken to the Contra Costa County Detention Facilities on 7 February 12, notwithstanding these complaints, and Doctors Medical Center apparently 8 released.hire. 9 I. According to a private autopsy obtained by Claimant SONJA WEEKS, no 10 cocaine or other drugs were found in the body of IVORY WEEKS III after his February 11 13 death. Claimants are informed and believe that IVORY WEEKS III was neither using 12 nor carrying drugs of any kind on February 12 or 13, 2000. 13 J. After being forced to vomit and otherwise tested at Doctors Medical Center, 14 IVORY WEEKS III was immediately transferred to the Contra Costa County Detention 15 Facilities in Martinez, California, where he was held pending transfer to San Diego 16 County authorities. He continued to complain that his head and his stomach hurt, but he 17 received no medical attention or treatment. Nor did he receive medical treatment or 18 attention of any kind at the Contra Costa County Detention Facilities. Nor did he receive 19 medical attention or treatment of any kind from the Richmond Police Department or from 20 the Contra Costa County Sheriff's Department, nor from the City of Richmond,nor from 21 the County of Contra Costa. 22 K. On February 13, 2000 in the early evening, IVORY WEEKS III telephoned 23 Claimants and spoke to them for a short time. Less than two hours later, Claimant Sonja 24 Weeks received a telephone call from a physician (Dr. Ellis) at the Contra Costa County 25 Detention Facilities informing her that her son, IVORY WEEKS III, was dead. He stated 26 that IVORY WEEKS III had "swallowed rock cocaine." 27 L. When'Claimants went to the Contra Costa County Detention Facilities a short 28 time later, they were told they could not see the body of IVORY WEEKS III. Thereafter -4 - I they received several different stories regarding cause of death, including "he just fell 2 over suddenly" and "he got into a fight with another inmate." 3 M. Some days later, Claimants were told by other Contra Costa County personnel 4 that IVORY WEEKS III had "died from an asthma attack." No attempt was made to 5 reconcile or explain the conflicting and inconsistent statements regarding the cause and G manner of IVORY WEEKS III's death. The manner in which the Contra Costa County 7 personnel communicated with Claimants and others about the death of IVORY WEEKS 8 III caused Claimants, and each of them, to suffer severe emotional pain, including 9 anguish, humiliation, embarassment, anger, frustration, sadness and other emotional 10 injuries. This suffering is ongoing and the full extent and amount of such damages is 11 not yet known. 12 N. Shortly after the death of IVORY WEEKS III, someone apparently employed 13 by either Contra Costa County or the City of Richmond informed media reporters, 14 including but not limited to a reporter from The West County Times and/or a reporter 15 from the SF Chronicle, that IVORY WEEKS IIT had died in jail on February 13 "after 16 swallowing rock cocaine." This statement was false, was made in reckless disregard for 17 the rights of Claimants, was intended for publication and was published. Thus, the 18 statement constitutes defamation of IVORY WEEKS III, as well as defamation of all 19 Claimants (all of whom share the WEEKS surname). In addition, the false statement 20 caused Claimants, and each of them, to suffer severe emotional pain, including anguish, 21 humiliation, embarassment, anger, frustration, sadness and other emotional injuries. 22 This suffering is ongoing and the full extent and amount of such damages is not yet 23 known. 24 O. Since the death of IVORY WEEKS III, nearly 180 days have elapsed. It is 25 necessary to file this claim immediately to preserve the Claimants' rights under the 26 Government Tort',Claims Act. However, no Coroner's report has been released to 27 Claimants and/or their counsel to date, nor has a death certificate been filed, to the best 28 of Claimants' knowledge. No Coroner's Inquest has been held as yet, and none was - 5 - I scheduled for many months. [Claimants' counsel was very recently informed that a 2 Coroner's Inquest has been scheduled for August 29, 2000, although no inquest had been 3 scheduled previously.] This delay in investigating the cause of IVORY WEEKS III's 4 death has caused Claimants, and each of them,to suffer severe emotional pain, including 5 anguish, humiliation, embarassment, anger, frustration, sadness and other emotional 6 injuries. This suffering is ongoing and the full extent and amount of such damages is 7 not yet known. 8 P. Claimants, and each of them, has lost the affection, companionship, support 9 and assistance of IVORY WEEKS 111, a young man of 19 years. This immeasurable loss 10 has caused Claimants, and each of them, to suffer severe emotional pain, including 11 anguish, humiliation, embarassment, anger, frustration, sadness and other emotional 12 injuries -- and will continue to do so for the rest of their lives. This suffering is ongoing 13 and will continue indefinitely; the full extent and amount of such damages is not yet 14 known. 15 NAMES OF PUBLIC EMPLOYEES INVOLVED IN THE INCIDENT: 16 [The names of the employees are known to the public entities named as Respondents in 17 this Claim. However, Claimants provide the following information based upon their 18 present information and belief, and reserve the right to amend this,claim, if necessary, 19 when additional names are discovered]: 20 1. Richmond Police Officers: 21 Officer Chesney 22 2. ContraCosta Sheriffs Department and/or Detention Facilities Personnel: 23 Officer Shabazz (sp?) - was present at the time IVORY WEEKS In died, and failed to 24 provide prompt medical attention or assistance to IVORY WEEKS III (according to one 25 or more witnesses) 26 Officer Dudley(sp?) 27 3. Contra Costa County Personnel 28 Homicide Detective Pat Coyne and Ted Spyrow, A.D.A. - 6- I Coroner's Office Personel - Dr. S. Hagan and ethers 2 Medical Personel - Dr. Ellis 3 Doctor's Medical Center- 4 Dr. Laurel Hodgson and other employees 5 6 DAMAGE/LOSS SUFFERED BY CLAIMANTS: 7 Claimants have suffered and will continue to suffer severe, well-documented 8 emotional distress, as well as embarassment, loss of reputation and humiliation, as the 9 result of the wrongful death of IVORY WEEKS III; and also as the result of the 10 defamatory statements made to the media regarding the cause of death; and also as the I I result of the manner in which Contra Costa County has failed to promptly investigate the 12 death of IVORY WEEKS III , as well as its failure to provide Claimants with complete, 13 accurate information in a timely manner. Claimants have further been forced to incur 14 attorneys fees seeking information about the death of IVORY WEEKS III, because of the 15 manner in which relevant information has been handled (some disseminated, some not 16 disseminated)by the County of Contra Costa, as set forth above. 17 This claim is in an amount not less than $10 million per Claimant. 18 Claimant's damages and losses are not presently capable of precise calculation, 19 but are in an amount exceeding the minimum jurisdictional amount for filing an action in 20 the Superior Court of the State of California [$25,000 +], according to proof at trial. 21 Executed on behalf of Claimant(by Claimant's attorney) this 9' day of August, 22 2000, at Petaluma, Sonoma County, State of California. 23 24 ERi 25 Attorne " r Claimants SONJA EELS, NICOL WEEKS and CH ANE WEEKS 26 2'7 28 - 7 - 1 Proof of Service by Hand 2 I am a citizen of the United States and employed in the 3 County of Sonoma; I am over the age of eighteen years and not a party to the within action; my lousiness address is 790 Mission 4 Avenue, San Rafael, California 94901 and 620 East Washington Street, Suite 207, Petaluma, California 94952 . 5 On August 10, 2000, 1 caused to be served the following 6 document (s) : 7 CLAIM FOR DAMAGES FOR PERSONAL INJURIES AGAINST GOVERNMENTAL ENTITY 8 Addressed as follows : [copy list of addresses from page 21 9 Richmond Police Department 10 10900 San Pablo Avenue Richmond, CA 11 12 Ci of Richmond [Contra Costa County, California] 33{� 25`'' Street 13 Richmond, CA 14 County of Contra Costa, State of California 15 651 Pine Street Martinez, CA 16 or c/o District Attorney's Offices 17 10 Douglas Drive Martinez, CA ' " 1$ 19 Contra Costa County Sheriffs Department AUG ?000 651 Pine Street CLERK Ba ����R j/j��� 20 Martinez, CA co 21 Contra Costa Detention Facilities 22 c/o County of Contra Costa 651 Pine Street 23 Martinez, CA and 24 100 Ward Martinez, CA 25 26 Doctors Medical Center 2000 Vale Road 27 San Pablo, CA 94806 28 - 1 - I By causing a true copy thereof to be ,deposited in the United States mail at Petaluma, California, in a sealed 2 envelope, with first-class postage thereon fully prepaid. 3 By causing a true copy thereof to be deposited in the 4 United States mail. at Petaluma, California, in a sealed envelope, with Express Mail postage thereon fully 5 prepaid. 6 By delivering true copy thereof, at Petaluma, California, to a driver authorized by Federal Express 7 to receive documents in an envelope designated by the express service carrier, with delivery fees provided 8 for. 9 By facsimile transmission to 10 By causing to be personally delivered a true copy thereof at the addresses set forth above. 11 I declare under penalty of perjury under the laws of the 12 State of California that the foregoing is true and correct. 13 Dated: August 10, 2000 14 Elizabeth An Reifler 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 2 - APPLICATION TO FILE LATE CLAIM SUER 19, 2000 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA BOARD ACTION Application to File Late Claim } NOTICE TO APPLICANT Against the County, Routing } The copy of this 3ocumenE ia-153 to you is your Endorsements, and Board Action.) notice of the action taken on your appli o.tion by (All Section References are to } the Board of Supervisors (Paragraph III, below), California Government Code.) } given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimantt RUDY MC CONAHEY Attorneyt Address: p-71976 CG-123-L Amount: $10,000,000.00 By delivery to Clerk on - Allapst 9, 2000 Date Received: 8-09-2000 By mail, postmarked on AUGUST 7, 2000 I. C erk o th+a Bear of Supervisors TC}t County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: AUGUST 10, 2000 PHIL BATC MbR, Clerk, By k ' .r _. ~' ` Deputy F . t' a if. PRW County Counsel TO ` Clerk of the W303 of Supervisors ( } The Board should grant this Application to File Late Claim: (Section 911.6). -The Board should deny this Application to File Late Claim (Section 11.6). DATED: / VICTOR WES'TMW, County Counsel, Bye ` ' ``� - Deputy I. RDER Ey unan mous vo e o Supervisors present (Check one only) { } This Application is granted (Section 911.6). ( } This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE:, . � PHIL HATUiELOR, Clerk, By Deputy WARNING (Gov. Code 5911.$) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Coale Section 9145.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the oourt within six (6) months from the date your application for leave to Present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to oocult an attorne should do so immediately. • FROM: ClEZE o TO: County Counsel k2) county A nis ra Sr Attached are copies of the above Application. We notifesd the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Boardfs copy of this Claim in accordance with Section 29703. DATED,4�,. 70, PHIL BATCC:WM, Clerk, By ` 1�� �,.Deputy V. P'RCJ ; 1County CouWel (21 County Admi.nis for TO: Clerk of the Board Received copiers of this Application and Board Order. of Supervisors DATED: County Counsel, By County Administrator, BY APPLICATION TO FILE LATE CLAIM RUDY McCCONAHEY Few-71976 CG-123 -L Mulke Creek State Prison P.O. Box 409000 lone, CA 95640 ;s August 1 , 2000 The Board of Superyisors County Administration Building 651 Pine Street, Roam 106 Martinez, CA 94553-1293 Attn: Joan Staley, Duputy Clerk Dear Ms . Staley, Enclosed is a LEAVE TO PRESENT A LATE CLAIM in 'connection with the Tort Claim which you received on February 25, 2000. This is the second time I have filed this with The Board of Supervisors . I did not receive any response the first time I filed my claim. Upon receipt of this claim I am requesting that you ;return copy of the CLAIM stamped received with the date of receipt . Your timely consideration is appreciated . Sincerely, Rudy McConahey The Board of Suvervi or ¢¢ _. 65 PJ ne Poem 06 L! i 293 Si r:, 'ttr s,•1. t1� } pre!"e tk,,j f?3 the Board of Supp rv!t or. of Contra CP.3fg i:r}trNg, Clioroa, rs'wewed bas Wunt y s::o#.ru?'land retuirned fe me be-c fuse,a-3 you refer, not pi jp,-.Pensted fhe time limn azi resluired b tai!, herehy: r, Rudy P. 11th-Donaheq, apply for LEAVE TO PRESENT LATE CLAIM (Sce Exhibit :l%. Government Code Section 9 1 1 .4) ; i have been in custody since 8/12/99 and Tivv -3er vi nq a s seam pri3on tear#, which makes me pl Bible to appy for re-�ilin� t�,r�enclo�e� �IL;rr�. Respectful l;] !"t t C1P MI F 04U R (I Box 409000 } ;Jeclar-e under p;naltq ra} erjurFj that # air_ ilo and at .311 tT�t#r:s her m e_t f ed: have been F+ � i i f� i 3�t s�3��" � n _i i rf the. U P)j'f,M S fa}!S.3 isite: 33€/27/`Gil.) P+udy R. Mcccfrlaatey N FAC1 11 INMATE REOUEST OR iNFORIMA3 it?N ( )MEDICAL REQUEST To: From: Bkg.#; 49 s tate" --2-7j-I; Housi Assignment: a� ... z s` Check One. Request {}Grievance (}Appeal {)Other i Request: f 4 i t ji Y Date Receive&:Z' Received Ey. . i t: Routed To: N WE t: {. APPROVED # )DENIED(State Reason) By: Date: Glt 6ibutlon-Pink:Kept by Inn ute;Ye4tow;Amply to Inmate;White:To Booking DET 024:FRM Rev.1/2/91 k § 901. Date of accrual of cause of action in determining time for presenting claim For the purpose of computing the time limits prescribed by Sections 91.1.2, 911.4,912, and 945,6,the date of the accrual of a cause of action to which a claim relates is the date upon which the cause of action would be deemed to have accrued within the meaning of the statute of limitations which would be applicable thereto if there were no requirement that a claim be presented to and be acted upon by the public entity before an action could be commenced. thereon. However,the date upon which a cause of action for equitable indemnity or partial equitable indemnity accrues shall be the date upon which a defendant is served with the complaintgiving rise to the defendant's claim for equitable indemnity or partial equitable indemnity against the public entity. 0 2000 Matthew Bender&c Company,Inc.,one of the LEXIS Puhlishing`rM companies.All rights reserved. 1 §911.2. Times for presentment of claims A claim relating to a cause of action for death or for injury to person or to personal property or growing craps shall be presented as provided in Article 2 (commencing with Section 91 5) of this chapter not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented as provided in Article 2(commencing with Section 91 S) of this chapter not later than one year after the accrual of the cause of action. D 2000 Matthew Bender&Company,Inc.,one of the LEXIS PublishingT�11 companies.All rights reserved. § 911.4. Permission to present claire not timely presented; Application to board (a) When a claim that is required by Section 911.2 to be presented not later than six months after the accrual of the cause of action is not presented within that time, a written application may be made to the public entity for leave to present that claim. (b) The application shall be presented to the public entity as provided in Article 2 (commencing with Section 915) within a reasonable time not to exceed one year after the accrual of the cause of action and shall state the reason for the delay in presenting the claim. The proposed claim shall be attached to the application. (c) In computing the one-year period under subdivision(b),time during which the person who sustained the alleged injury, damage, or loss as a minor shall be counted,but the time during which he or she is mentally incapacitated and does not have a guardian or conservator of his or r her person shall not be counted __..� the time shall not be counted during which the�person is deta�ne�r adjudged to be a dependent child of the juvenile court under`die Arnold-Kennl" Juvenile Court Law (Chapter 2 (commencing with Section 244)of Part 1 of Division 2 of the Welfare and Institutions Code), if both of the following conditions exist: (1)The person is in the custody and control of an agency of the public entity to which a claim is to be presented. (2)The public entity or its agency having custody and control of the minor is required by statute or other law to mare a report of injury, abuse, or neglect to either the juvenile court or the m.inor's attorney, and that entity or its agency fails to make this report within the time required by the statute or other enactment, with this time period to commence on the date on which the public entity or its agency becomes aware of the injury,neglect, or abuse. In circumstances where the public entity or its agency mares a late report,the claim period shall be tolled for the period of the delay caused by the failure to make a timely report. C 2000 Matthew Bender&Company,Inc.,one of the LEXIS P'ublishingTM companies.All rights reserved. § 912.2. Time claim deemed presented where leave granted If an application for leave to present a claim is granted by the hoard pursuant to Section 911.6, the claim shall be deemed to have been presented to the board upon the day that leave to present the claim is granted. C 2000 Matthew Bender&Company,Inc.,one of the LEXIS Publishinim companies.All rights reserved. 1 §946.6. Judicial relief from bar to sue because of nonpresentation of claim (a) Where an application for leave to present a claim is denied or deemed to be denied pursuant to Section 911.6, a petition may be made to the court for an order relieving the petitioner from Section 945.4. The proper court for filing the petition is a court which would be a competent court for the trial of an action on the cause of action to which the claim relates and which is located in a county or judicial district which would be a proper place for the trial of the action, and if the petitionis filed in a court which is not a proper court for the determination of the matter,the court,on motion of any party,shall transfer the proceeding to a proper court. (b) The petition shall show each of the following: (1) That application was made to the board under Section 911.4 and was denied or deemed denied. (2) The reason for failure to present the claim within the time limit specified in Section 911.2. (3) The information required by Section 910. The petition shall be filed within.six months after the application to the board is denied or deemed to be denied pursuant to Section 911.6. (c) The court shall relieve the petitioner from Section 945.4 if the court finds that the application to the board under Section 911.4 was made within a reasonable time not to exceed that specified in subdivision(b)of Section 911.4 and was denied or deemed denied pursuant to Section 911.6 and that one or more of the following is applicable: (1) The failure to present the claim was through mistaloe, inadvertence, surprise,or excusable neglect unless the public entity establishes that it would be prejudiced in the defense of the claim if the court relieves the petitioner from Section 945.4. (2) The person who sustained the alleged injury, damage or loss was a minor during all of the time specified in Section 911.2 for the presentation of the claim. (3) The person who sustained the alleged injury, damage or loss was physically or mentally incapacitated during all of the time specified in Section 911.2 for the presentation of the claim and by reason of that disability failed to present a claim during that time. (4) The person who sustained the alleged injury, damage or loss died before the expiration of the time specified in Section 911.2 for the presentation of the claim. (d) A copy of the petition and a written notice of the time and place of hearing thereof shall be served before the hearing as prescribed by subdivision(b)of Section 1005 of the Code of Civil Procedure on(1)the clerk or secretary or board of the local public entity,if the respondent is a local public entity, or(2)the Attorney General, if the respondent is the state. However, if the petition involves a claim arising out of alleged actions or inactions of the Department of Transportation, service of the petition and notice of the hearing shall be made on the Attorney General or the Director of Transportation. Service on the Attorney General may be accomplished at any of the Attorney General's offices in Los Angeles, Sacramento, San Diego,or San Francisco. Service on the Director of Transportation may be accomplished only at the Department of Transportation's headquarters office in Sacramento. C 2000 Matthew Bender&Company,Inc.,one of the LEXIS PuhliishingTM companies.All rights reserved. .................................................... 2 (e) The court shall make an independent determination upon the petition. The determination shall be made upon the basis of the petition, any affidavits in support of or in opposition to the petition, and any additional evidence received at the hearing on the petition. (f) If the court mares an order relieving the petitioner from Section 945.4, suit on the cause of action to which the claim relates shall be filed with the court within 30 days thereafter. Added Stats 1965 ch 653§22.Amended Stats 1970 ch 411 §2. Amended Stats 1987 ch 1201 § 22,ch 1208§7; Stats 1989 ch 149§ 1,ch 693 §8. Amendments: 1970 Amendment: (1)Added"limit"after"within the time"in subd (b); and(2)substituted "that specified in subdivision (b) of Section 911.4"for"one year after the accrual of the cause of action" in subd (c). 1987 Amendment: (1)Added "one or more of the following is applicable"in the introductory clause of subd (c); (2)added "in the defense of the claim"in subd (c)(1); and (3)substituted periods for"; or"at the end of subds (c)(1)-(c)(3). (As amended by Stats 1987, ch 1208, compared to the section as it read prior to 1987. This section was also amended by an earlier chapter, ch 1201. See Gov C§ 9695.) 1989 Amendment: In addition to making technical changes, (1)deleted"the provisions of before"Section 945.4" wherever it appears; (2)substituted"shall show each of the folio-Ving"for"must show"in the introductory clause of subd (b); and(3)amended subd(d)by(a)substituting"before the hearing as prescribed by subdivision (b)of Section 1005 of the Code of Civil Procedure"for"not less than 10 days before the hearing" in the first sentence; (b)substituting"the Attorney General"for"the State Boars!of Control or its secretary„after"(2)" in the first sentence; and (c)added the second through fourth sentences. (As amended Stats 1989,ch 693, compared to the section as it read prior to 1989. This section was also amended by an earlier chapter, ch 148. See Gov C§9605.) (Vote: Stats 1987 ch 1208 provides: SEC. 11. Sections 1 to 8, inclusive, of this act apply only to actions based upon acts or omissions occurring on or after January 1, 1988. Law Revision Commission Comments: 1963 Addition-Section 946.6 establishes a new procedure for obtaining a judicial determination of the issue following a public entity's rejection of an application for leave to present a late claim. Under the original procedure enacted in 1963, a claimant was required to file(within 20 days after the application for leave to present a late claim was denied or deemed denied pursuant to Section 911.6)a petition in court for leave to present a late claim to the public entity. See Section 912(repealed). As to claims against the State, venue for such a petition lay only in those counties in which the Attorney General maintains an office(Sacramento, San Francisco and Los Angeles). This time for filing was too short and the State venue provisions were inconvenient both for claimants and the State. Another defect in the original procedure is that it required a successful petitioner to present his late claire to the entity, to be acted upon in the ordinary way. Any benefit to be gained from so proceeding C 2000 Matthew Bender&Company,Inc.,one of the LEXIS PublishingTm companies.All rights reserved. 3 appears to be outweighed by the delay involved. Accordingly,the Commission recommends that the petition to a court, following the presentation and rejection of an application to the public entity to present a late claim, be a petition for relief from having to present any claim at all instead of one for leave to present a late claim. The State venue problem is eliminated by providing that the proper court for hearing the petition is a court of competent jurisdiction in f' which a suit on the cause of action to which the claim relates could be brought.The petition may be filed within six months after the application for leave to present a late claim is denied or deemed to be denied, the same period of time specified in Section 945.6 for commencing legal action on a claim that has been - denied or deemed denied on the merits. The notice required to be given, the matters required to be shown in the petition, the basis of the determination and the grounds upon which relief may be granted remain the same as under existing law. Subdivision (f) provides a special period of limitations on actions that can be commenced only after relief from the claims presentation requirements is granted pursuant to the provisionsof this section. Cross References: Person presenting claim, Content: Gov C§ 910 Notice by board that claim not timely filed: Gov C§911.3 Application and permission to present late claim: Gov C§911.4 Board's grant or denial of application to present late claire: Gov C § 911.6 Prohibition against suit in absence of presentation of claim to public entity and board action thereon: Gov C§ 945.4 Condition precedent to bringing suit: Gov C§945.4 Collateral References: Witkin Procedure(3d ed) Jurisd: §76;Actions§§ 196, 204, 208, 210, 213 et seq., 335; Plead§ 1155; PWT§ 1:36;Trial§§94, 371;Writs§43 Cal Jur 3d (Rev)Government Tort Liability: §§85, 86, 90, 109-111, 120, 121, 123 Cal Jur 3d Government Tort Liability§§ 102-104, Municipalitjes§§ 390, 402, State of California§ 129 Rutter Cal Prac Guide, Personal Injury§§ 5:61 et seq Law Review Articles. Public claims law in California is unfair: Injured citizens should not have to file a claim before suing a public entity. 8 Cal Law No. 4, p 8 Filing suit in tort against Sovereign. 43 LA Bar B 13 The constitutionality of California's public entity tort claims statutes. 6 Pacific LJ 30 Review of Selected 1987 Legislation. 19 Pacific LJ 686 Review of 1989 Legislation. 21 Pacific LJ 387 Claims against a California governmental entity or employee. 6 Southwestern U LR 550 Claims against California public entities and public employees judicial relief on denial of late claim application. 43 St BJ 697 Analysis of the constitutionality of California's scheme for suing the government in tort. 8 USF LR 611 Annotations Estoppel as to claim against municipality. 1 ALR2d 338 Infancy or incapacity as affecting notice required as condition of holding municipality or other political subdivision liable for personal injury. 34 ALR2d 725 Claimant's deposition or statement taken by municipality as waiver of statutory notice of claim for injury, 41 ALR2d 883, 890 Effect of death as result of injury as affecting requirement of notice of claim. 51 ALR2d 1128 Waiver of, or estoppel to assert, failure to give required notice of claim of injury to municipality, county, C 2000 Matthew Fender&Company,Inc.,one of the LEXIS PublishingTm companies.All rights reserved. Board of Supervisors Contra Phil Batchelor Cterk of the Board Cosh and administration Buildingcduflty administrator Strut, Room 106 (925)335-1900California 94553-1293 ounly Aa,i st District !! ikerna,2nd District ., erber,3rd District Sauinier,4th District 4 ciamiila,5th District TO: Rudy R. McConahey Martinez Detention Facility 9011 Court Street, C-29 Martinez, CA 94553 NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Cade Section 911.3) The claim you presented to the Beard of Supervisors of Centra Creta County, California, as governing body of the County of Contra Costa on October 27, 1999, has been reviewed by County Counsel and is being returned to you herewith because: _ Your claim for an injury to person or personal property which arose on or before December 31, 1987 was not presented within 100 days after the event or occurrence as required by law. (See Government Cade sections 901 and 911.2) _2L Your claim for an injury to person or personal property which arose on or after January 1, 1988 was not presented within six months of the event or occurrence as required by law. (See Government Code sections 901 and 911.2) _.e Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Because the claim was not presented within the time allowed by law, no action was taken on the claim, Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code sections 911.4 to 912.2 and 946.8) Under some circumstances leave to present a late claim will be granted. (See Government Code section T:\TORT\RISK-M+=T\r:I.ATMS\L71TF,\1Fnrm.wp,3 You may seek the advice of an attorney of your choice in connection with this mater. F you desire to consult an attorney, you should do so immediately. )ate: t � 000 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator puty Clerk :nclosure Affidavit of Mailina `�` declare under penalty of perjury that I am now, and at all times herein mentioned, have --en a citizen of the United States, over age 18, and that today I deposited in the United tater Postal Service in Martinez, California, postage fully prepaid, a copy of the above OTICE TO CLAIMANT (OF LATE-FILED CLAIM), addressed to the claimant as shown Bove. ate: 64c& rr _ putt' Clerk ;s•ict x ."!'GIRT\RISK-MGT\CLAIMS\LATE\1Form.wpd , x "Claimto: BOARD.OF SUPERVISORS OF CONTRA COSTA COUNTY 1M=n_QNS TQ 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 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 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 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 ofthis'form. RB: Claim By Reserved for Clerk's filing stamp r RECEIVED Against the County of Contra Costa or } FEB 3 3 2000 (Fill in name) District)) CLER ZARD OF ststjpEgVISORS The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ /0,0004M.,,,,and in support oftb3s claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. 'there did the damage or injury occur? (Include city and county) I 3. How did the/ damage or injury occur? (Give full details; use extra paper if required)` :gat pArticular actor omission on the part of county or district officers, servants, or employees caused the fy. }uiy or damage? We? 5 /1111 C 4 al ,r �i �'-7�- / �' � �'r'� rs�'�✓ -What are the names of county or district officers, servants, or employees causing the damage or injury? ; �' What damage or injuries Yyou claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) OOOY / 7Ldo k o, a lv d /A /. Z-41-- dhAA-Yl 1 '�? t7ir1 J% -6JV,6- 1�iUri71-- 1rA,,,-4rit ( ~ How was the amount claimed above computed? (Include the estimated amount of any prospective injury or daln,.age)yV��ti� lrn,rt � �i�I r� r,•�/tri� rix rrr� ./ d'. �a1+���r dry f : /r} �/Idt. '��t,'J �,Y'cf 1�1' l y i /�, /}2 -i'��✓ 've b,(.pt 'r Names and addresses of witnesses, doctors, and hospitals. }s` C c# tDq�,k M (t►�Y /. f" SIrl r- - I)k j,�r fi it til r{ }, ,�ll(1 -7tv),(10"4 !�� Jr/ /1,-;.,.I r„�. t y r List t�iti,'ex enditures you made on ac6ount of this accident or injury. DATE TAMOM Gov. Code Sec. 910.2 provides""The claim must be END NOULES TQ: (A= signed by the claimant or by some person on his behalf..” fame and Address of Attorney ) (CI iznant's Signature). (Address) elephone No. )Telephone No. NonCE xtion 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the payment to any state bard or officer,or to any )unty,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account, )ocher,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 ,ceeding one thousand(S 1,000),or by both such imprisonment and fine,or by imprisonment in the stag;prison,by a fine of not ceeeding ten thousand dollars(S 10,000),or by both such imprisonment and fine. kLE i•� /„ Yq F• �n r r April 2.3 , 2000 To Attori)ey ' s Reference Panel Tf'l Whow It May Concern : 1 , Ludy McConahey, would like to be referred to one of your attorneys that would be able to represent me in a civil lawsuit which I have pending against the Pittsburg Police Department for assaulting zee and letting one of their E--9 dogs stall me. As a result of this incident I have serious scares on my neck and leg as well as persistant back pain. I have also .lust my primary residence located at 100 E. Trinity Dr. , Pittsburg, California . I have photos which support my claim. There are additional photos in the possession of the Pittsburg Police Department which they confiscated from me and placed in their evidence filo. I aw currently incarcerated at Mule Creek State Prison, P.O . Box 409000, Ione, CA 95640 . I anxiously await your response at tliis address . For your information, the case number for thi s c,ise is #C99- 5991 . Please also be sure to include my ('.D(' number along with my name in the address of any correspondence . Thank you for your time and consideration. Yours Truly, Rudy Mc' onahey P-71976 `j , Rudy 'McConahey,hereby give any attorney listed with the Atto ;,iey ' s Reference Panel permission to inquire and examine any f 4.�ies with the Pittsburg Police Department regarding case nuwl.)er #C99-5991 , as well as any court documents . Rudy McConahey 1 2 STATE OF CALIFORNIA ) SS. 3 COUNTY OF CONTRA COSTA ) 4 5 I, FRANK J. MASELLI, JR. , a Certified Shorthand 6 Reporter, do hereby certify: . 7 That on the 7th and 14th day of September, 1999, 8 I fully, truly, and correctly took drawn in shorthand 9 writing all of the proceedings had and all of the testimony 10 given in said matter; 11 Than I thereafter truly, fully and correctly 12 caused the same to be transcribed into typewriting; 13 That the forgoing is a full, true, and ,correct 14 transcript of my shorthand notes taken at said time and 15 place therein named. 16 Dated this day of geptember, 1999 . 17 i8 19 FRANK J. MAS I, JR. 20 Certified 5ho thand Reporter CSR Nes. 1496 21 22 23 24 25 26 27 28 91 ru LU k �y j ru .Y ry L p ru Ll LOWV / y _.. f 00.' 0 Jrlb too4 � iSOd S. n t' v t Ai f + tv CAR s.