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HomeMy WebLinkAboutMINUTES - 07082003 - C19-C23 CLAIM ; 1 BOARD CIF SUPERVISORS OF CONTRA COS'T'A COUNTY f BOARD ACTION: JULY 08', 2003 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. o4<Z notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and P01AY <::aw 915.4. Please note all"Warnings". AMOUNT:. $300,000-00 spy Y:$� GAIJF �x CLAIMANT. CONTRA COSTA COUNTY PUBLIC LAW LIBRARY ATTORNEY: WILLIAM S . BERLAND DATE RECEIVED: MAY 27 , 2003 ADDRESS: 1816 FIFTH STREET, BY DELIVERY TO CLERK ON: MAY 27 , 2003 BERKELEY, CA. 9+710 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET ;N, irk Dated: MAY 27 , 2003 By: Deputy 11. FROM: County Counsel TO Clerk of the Board of Supervisors 4A (O 'This clam omplies ubstantially with Sections 910 and 910.2.. ( } This Claim.FAILS to comply substantially with Sections 910 and 914.2, 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). h ( " Other: Alk cAam� ._, t ( e^� t # a , Dated: q7�'1I By: Deputy County Counsel III. FROM: 'Clerk of the Board TO: County Counsel(1) County Administrator(2) ( } Claim was returned as untimely with notice to claimant(Section 911..3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: (X) 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: JULY 08,_2003 JOHN SWEETEN, 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 Cade 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: .TULY 09, 2003 JOHN SWEETEN, CLERK.By Deputy Clerk OFFICE O`F THE COUNTY COUNSEL BEAD SILVANO B.MARCHESi COUNTY COUNSEL COUNTY OF CONTRA COSTA Administration Building •d,•':: S R•° 651 Pine street, 91h Floor ;. t* SHARON L. ANDERSON .. 1 ✓ CHIEF ASSISTANT Martinez, California 94553-1229 x f ` ,k GREGORY C. HARVEY (925) 335-1800 VALERIE J. RANCHE (925) 646-1078 (fax) `��:: �3 'e} ;a AssssTANTs C U NOTICE OF UNTIMELINESS AS TO A PORTION OF THE CLAIM TO: William S. Berland. 1815 Fifth Street Berkeley,CA 94710 RE: CLAIM OF: CONTRA COSTA COUNTY PUBLIC LAW LIBRARY Please Take Notice as Follows: In regards to the claim you submitted on May 27, 2003,on behalf of the Contra Costa County Public Law Library,portions of the claim are timely and portions are untimely. The portions of the claim prior to November 27, 2002 that you presented against the County of Contra Costa governed by the Board of Supervisors fail to comply substantially with the requirements of California Government Code Sections 901 and 911.2,because they were not presented within six months after the event or occurrence as provided by law. Because the portions of the claim prior to November 27, 2002 were not presented within the time allowed by law, no action was taken on those portions of your claim.. The claim was forwarded to the Board for action only on the timely portions of the claims. The only recourse at this time is to apply without delay to the County of Contra Costa governed by the Board of Supervisors for leave to present a late claim as to the claims which are untimely. See Sections 911.4 to 912.2, inclusive, and Section 945.5 of the Government Code. Under some circumstances, leave to present a late claim will be granted. See Section 911.5 of the Government Code. SILVANO B. MARCHESI COUNTY COUNSEL By: (� Yin f Monika L. Cooper Deputy County Counsel Page 1 CERTIFICATE OF SERVICE BY MAIL (C.C.P.§§ 1012, 1013a,2015.5;Evidence Code§§641,664) I declare that my business address is the County Counsels Office of Contra Costa County,651 Pine Street,Martinez,California 94553;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this NOTICE OF UNTIMELINESS AS TO A PORTION OF THE CLAIM by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Executed in Martinez,California. Dated: May 30,2003 t?. cc: Clerk of the Board of Supervisors(original) Risk Management Page 2 OFFICE OF THE COUNTY COUNSEL 5X S#LVANO B.MARCHESi COUNTY'OF CONTRA COSTA ` �fi COUNTY COUNSEL Administration Building ;',..._ -~;Y SHARON L. ANDERSON 651 Pirie Street,9"'Floor .% +;` Martinez, California 94553-1229 _ CHIEF A55tSTANT ' yr y — iGREGORY C.HARVEY < {925} 335-1800 VALERIE J. RANCHE Cy; st,11t1 .� (925) 646-1078 (tax) ii, �, ; ' K ,' AsstsTANTs � ray Y�iw♦ VV Jj., tr S.J`L May 30, 2003 copy William S. Berland 1816 Fifth Street Berkeley, CA 94710 Re: Government Tart Claim.of Contra Costa County Public Law Library Dear Mr. Berland: We are in receipt of your government tort claim, which is currently being processed. If your intent was to file a claim against the Superior Court of California or one of its employees, please be aware that the Contra Costa County Clerk of the Board is not the proper entity to serve. Any claims against the court or its employees should be directed to the Superior Court Executive Office. Please see Government Code Section 915, subdivision(c) for further directions. Thank you for your attention to this matter. Very truly yours, SILVANO B. MARCHESI COUNTY COUNSEL Monika L. Cooper Deputy County Counsel MLC/kmo RECEIVED MAY 2 7 ?003 CL RK BOARD OF SUPERVISORS CONTRA COSTA CO. GOVERNMENT CLAIM--JUDICIAL BRANCH (Government Code section 910.4) CLAIMANT Name of Claimant Home Telephone Work Telephone Contra Costa County Public Law Library _ Nailing Address _...._.�,..�... .,� .,._ City ...�..._..w...___--.�-..,�.�._ State dip Code �..,M .._..__.... 1020 Ward Street, 1st Floor _Martinez CA 94553 Send notices regarding this claim to (d different from above). Name William S. Berland 1iillaiiing address City State Zi Code �z a 1816 Fifth Street Berkeley CA 34714 ' CLAIM INFORMATION Date of Incident (Month/Day/Year) . Time of Incident 199$ to „resent 4 location of Incident i &ontra pasta Count? Superior Court __.._,.. Describe the indebtedjoss, obligation, injury, damage, or fogs Incurred as a result of the lncldent. ' The Contra Costa County P Y Superior Court and the Count of Contra Costa owe Claimant for filing fees that were supposed to be collected by Contra Costa County Superior Court and were not paid to Claimant in an amount to be determined by an accounting, but estimated to be $344 ,044. i ; Mate the circumstances that gave rise to this claim. (State the facts that support your claim and why you believe the court or another judicial branch entity is responsible for the alleged damage or injury.) if known, provide the name of the official or employee who allegedly caused the injury, damage, or Moss (if there is more khan one official or employee, name each)_ If you need more space, please attach additional sheets of paper. t The Contra Costa County Superior Court is supposed to collect filing fees for civil papers filed by litigants. A portion of those fees are supposed to be collected for the benefit of, and are required to be paid to, Claimant. The Contra Costa County Superior Court and Contra Costa County failed to pay Claimant its proper portion of said fees. 1 i GOVERNME T CLAIM- JUDICIAL 13RANCH Name of Claimant: Contra Costa County Pubfi-FLaw Library I If the total amount of your claim is up to$10,000: If the amount of your claim is more than $10,000. indicate whether your claim would be a limited civil Amount of damages as of this date: _._.._ __.__.. case or an unlimited civil case (check one): Estimated amount of future damages: - - Total amount claimed: �� IJ Limited civil (amount is $25,000 or less) ® Unlimited civil (amount is more than $26,000) how the amount of your claim was computed (include copies of supporting documentation such as billing statements, invoices, receipts, and estimates). An accounting needs to be done and the information necessary to do this is yin the hands of the Contra Costa County Superior Court and Contra Costa ; County. Claimant has estimated Losses by looking at the filing totals for new actions for the time period in question. List the names, addresses, and telephone numbers of all witnesses to the incident, Unknown at this time. t i Prvv=de any additional information that might to helpful in consioering this claim. i f ' REPRESENTAME (Complete only if claim is presented by Someone acting on claimant's behalo Name of Authorized Representative Telephone william. S. Berlandw „.._ (510) Fµ548-9005 %1 €linrg Address City µState dip Gode i 1815 Fifth Street Berkeley CA 94710 r 3 PLEASE NOTE4. Presen "Burr ,•a false claim with intent to defraud is a criminal offense (Penal Code &oebion 72), a: E May 21, 2003 Signature of ❑ Claimant or i. Authorized Representative (check one) Date Deliver or mall this claim form to: i Attention: Court Executive Officer (Claims) or Attention: Court Executive Officer(Claims) superior Court.of California, Superior Court of California, County of Contra Costa County of Contra Costa S uDerior Court Exxecutive Office P.O. Bax 911 . %=taint Street, Room 403 Martinez, CA 94553 ?Oarbne2, CA 94 553 I GOV'ERNMENT CLAIM--JUDICIAL BRANCH ..............-.................................................. ...............­­­.­.,....... ...... ............. CLAIM BOARD OF SUPERVISORS OF CONTRA CO§TA COUNTY BOARD ACTION: JULY 082 200 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 "Warnings". AMOUNT: $145 .00 f# 2 e, 2-o-o3l CLAIMANT: DIANA OBRAND COUNTY COUNSEL tAART INEZ CALIF. ATTORNEY: UNKNOWN DATE RECEIVED: iAY :28 , 2003 ADDRESS: 1409 RIMER DRIVE, BY DELIVERY TO CLERK ON: MAY 28 , 2003 MORAGA, CA 94556 BY MAIL POSTMARKED: MAY 27 , 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETEN, le �. Dated: MAY 28 , 2003 By: Deputy_ H. FROM: County Counsel TO: Clerk of the Board of Supervisor -9- (vy/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 M. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) Claim was returned as untimely with notice to claimant(Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: (y,) 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: —JULY 08, 2003 JOHN SWEETEN, CLERK, By I ,Deputy Clerk WARNING(Gov. code sectio 913) V Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: —JULY 09, 2003 JOHN SWEETEN, CLERK By Deputy Clerk _...... ....... .. _ _ _. _.. 47 Claim to: BOARD OF SUPER'V'ISORS 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 personor to personal property or growing crops and which accrue on or after January 1, 1188, 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 14553. 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 fraudutent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp ) RECEIVED Against the County of Contra Costa or ) MAY 2 ) $ 2003 District) CLERK BOARD OF RS (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 Itf,5,00 and in support of this claim represents as follows: 1. When did the damage or injury occur?(Give exact date and hour) �A , Hat, �Z�V--- � : -_-2,(Dr-yV' 2. Where did'the damage or injury occur?(Include city and county) 9 o("� 3. How did the damage or injury occur?(Give full details;use extra paper if required) C--0-,- 1 V -V'�� Cit-` V\Ik t--� - ji w ;'S �1 1,15&e.�. "E� 1 V e- ) Z�a<-_k cov- t�C� ......... ......... .._...... ......... _.. .... ._._ ......... ......... ......... ...................... __ .-, �r -� , - ......._. ......... ......... ......... ...._..,. ..._......._-.................._.._................................................ ....... ........ ........._.. _........... ........ ....... . .... ..._.. ........ ...... ......... ........... 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 5. What are the names of couxylr district officers, servants, or employees causing the damage or injury? o 4 b. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) TALI G�AO�- ( (A� 11,CZA 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors, and hospitals. 9. List the expenditures youade on account of this accident or injury. DATE TAME AMOUNT ) Gov. Code Sec. 910.2 provides"The claim must be ) signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney Name and Address of Attorney ) (Ciaimant"s Signature) (Address) Telephone No. )Telephone No. '::k NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bili,account, voucher,or writing,is punishable either by imprisonment in the county}ail for a period of not more than one year,by a fine of not exceeding one thousand($1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($10,000),or by both such imprisonment and fine. _._ ......._. ......... ......... ......... ......... ......... ......... . __ ......... ......._._._. ......... ......... ......... ......... _........ ......... ......... ......... ......... ......... CLAIM 1 � BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY (i j BOARD ACTION: JULY 08, '2003 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"Warnings". AMOUNT: $60,000. CLAIMANT: ARTHUR TREMBLAY AND MARY NEVINS-TREMBLAY ATTORNEY: STEVEN L. RICHIE DATE RECEIVED JUNE 02, 2003 ADDRESS: LAW OFFICES OF STEVEN L. RICHIE BY DELIVERY TO CLERK ON: JUNE 02, 2003 961 YGNACIO VALLEY ROAD HAND DELIVERED BY TH WALNUT CREEK, CA 94596 BY MAIL POSTMARKED: HOUSING AUTHORITY FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETEN, Cl JUNE 02 2003 Dated: By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supero stirs {=. 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 Beard cannot act for IS days(Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). { ) Other: Dated: 0 By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County.Administrator(2) { ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: (X) 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: JULY 08, 2003 JOHN SWEETEN, CLERK, By44"66i55� ,Deputy Clerk WARNING(Gov. code section 13) Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JULY 09t 2003 JOHN SWEETEN, CLERK By Deputy Clerk ......... ......... ......... ......... .._.. . __ _ ...... ......_..................... .............................. ._..__... ......... .............._. _ _ _.. ................................ Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT 0 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after 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, either by mail or in person. 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 Arthur Tremblay&Mary Nevins-Tremblay RECEIVED Against the County of Contra Costa or AJUN 0 2 2003 The Housing Authorityof Contra Costa District WARD oO STAGO.3S S (District) CONTRA COSTA G0. (Pill in name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of$60,000 and in support of this claim represents as follows: SEE ATTACHED FOR CLAIM DETAILS 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? clrnform 5. What are the names of county or district officers, sersits or employees causing the damage or injury? 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attached two estimates for auto damage.) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) $. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov, Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICE TO: Attorne or by some person on his behalf." Name and Address of Attorney (Claimant's Signature) (Address) Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who,with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000)or by both such imprisonment and fine." elmform d STEVEN L. R.ICHIE., Phone: 925.287-1107 �,, Fax: 925.2$7-1176 r4ttnr�t at Lav e-mail: slrlaw(&astound.net May 22, 2003 i f MAY 'w 200 i�a. c tti, ,✓i...S LL Ms. Judy Hayes ---..----,_-.. _.... . Housing Authority County of Contra Costa 3133 Estudillo Street Martinez, California 94553 Re: Claim for damage to personal and real property Claimants: Arthur Tremblay and Mary Nevins-Tremblay Date of Loss: December 2, 2002 Location: 2037 Highland Drive, Concord Dear Ms. Hayes: Arthur Tremblay and Mary Nevins-Tremblay, husband and wife, (collectively referred to herein as "Claimants") hereby make claim against the Contra Costa County Housing Authority and make the following statements in support of the claim. The Claimants previously made a claim against the County of Contra Costa, and I understand that the County has forwarded the claim to you. Ms. Sharon Offord, an assistant risk manager with the county„also suggested that I submit a separate claim to the Housing Authority directed to your attention. If this claim should be directed elsewhere, please let me know immediately as the Claimant's deadline to present a claim will expire shortly. 1. Claimants'post office address is 2037 Highland Drive, Concord, California 94520.- 2. Notices concerning the claim should be sent to: Steven L. Richie, Esq. Law Offices of Steven L. Richie 961 Ygnacio Valley Rd. Walnut Creek, CA 94596 3. The date of the occurrence giving rise to this claim is December 2, 2002, and the place of the occurrence was Claimants' residence at 2037 Highland Drive, Concord, California and the neighboring property to the west,2033 Highland Drive, Concord, California. 4, The circumstances giving rise to this claim are as follows: On December 2, 2002, at about 3:00 a.m., the residence at 2033 Highland Drive, Concord, California caught fire. In the side yard of the 2033 Highland Drive residence, between such residence and Claimants' residence, debris and garbage had been piled to above the height of the fence. The fire in the 961 YGNACIO VALLEY ROAD • WALNUT CREEK • CALIFORNIA • 94596 Ms. Judy Hayes Housing Authority County of Contra Costa May 22, 2003 Page 2 residence caused this debris and garbage to catch fire, which in turn, caused and allowed the fire to spread to Claimants' residence at 2037 Highland Drive. Claimants' residence caught fire, resulting in substantial damage to the structure and Claimant's personal property. Claimants are informed and believe that on the date of the fire, December 2, 2002, and for many months prior, the Housing Authority was providing rental assistance to one or more of the tenants of the property at 2033 Highland Drive, including Ms. Dianne Jorgensen. Claimants are informed and believe that as part of this rental assistance,the Housing Authority was required to, and did in fact, inspect the property at 2033 Highland Drive. At the time of the inspection, the debris and garbage in the side yard was readily visible to the inspectors j. Had such inspectors required the removal of the debris and garbage in the side yard at 2033 Highland Drive, the fire on December 2, 2002 would not have spread to Claimants.'residence. Additionally, Housing Authority should have supervised the use of the property more closely,and prevented the dangerous conditions that led to the inception of the fire and the spread of the fire to Claimants'residence. 5. Claimants'damages include smoke and fire damage to his home and personal belongings. Detailed lists of the damaged property have been prepared by Claimants and their insurance company but are not currently available to them. Upon request, Claimants will endeavor to obtain copies of such lists and provide them to the County of Contra Costa. 6. The names of the public employees causing Claimants' injuries are unknown. 7. Claimants'claim as of the date of this claim is in an amount that would place it within the Unlimited Jurisdiction of the Superior Court. The claim is based on damage and loss in an amount to be proved later, but in excess of$60,000. r Please let me know if you have any questions or need any additional information. Otherwise, we look forward to your prompt response to this claim. Sincerel , Steven L. Richie, on behalf of Claimants Arthur Tremblay and Mary Nevins-Tremblay SLR/sr cc: Mr. Arthur Tremblay .......................................................................................................................................................................................... ............................................ BOARD CLAIM )FSU It7 TE&VISORS OF CONTRA COSTA COUNTY BOARD ACTION: JULY 08, 2003 Claim Against the County, or District Governed by the Board of Supervisors,Routing Endorsements, NOTICE TO CLAIMANT Section references are to The copy of this document mailed to you is your 41ifornia ovenm Codes. notice of the action taken on your claim by the JUN 0 5 21303 Board of Supervisors. (Paragraph IV below), given 0 U T y>>0 IN,S E!. Pursuant to Government Code Section 913 and ARTINEZ CAUE. 915.4. Please note all"Warnings". AMOUNT: 11224.40 CLAIMANT: GREG STOVALL ATTORNEY: UNKNOWN DATE RECEIVED: JUNE 04 , 2003 ADDRESS: 366 NO. 12th STREET,. BY DELIVERY TO CLERK ON: JUNE 05 , 2003 SAN JOSE, CA 95112 BY MAIL POSTMARKED: JUNE 03, 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: JUNE 05, 2003JOHN SWEETEN, r By. Deputy— II. FROM: County Counsel TO: Clerk of the Board of Supervisors (-J"This claim complies substantially with Sections 910 and.�10.2. 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: County Counsel . Z it 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: 0,C) 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: JULY 08, 2003 JOHN SWEETEN, CLERK, By Deputy Clerk WARNING(Gov. code sect 913) Subject to certain exceptions, you have only six(6)months from the date this ndtice was personally served or deposited in the mail to Ale a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JULY 09 2003, JOHN SWEETEN,CLERK By Deputy Clerk ............................. Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INST`RUCFIIJ IS TO CL,AI]OP T A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, mustbepresented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for.death or for injury to person or to personal property or growing amps 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. Claimsmust be filed with the Clerk of the Board of Supervisors at its office in Room 146, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. if claim is against a district governed by the Board of.Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. ' Fraud See penalty for fraudulent claims, Penal. Cade Sec. 72 at the end of this form. RE! Claim By ) Reserved for Clerk's filing stamp Against the County of contra costa } or } JUN 04- 2003 District) � vJsrRS (Fin in name �o. The undersigned claimant hereby makes alai iW!�.the County of Contra Costa or the above—named District in the sum of $ > C�� � and in support of this claim represents �as follows: 1. When did the damage or injury occur? (Give exact date and dour) 2. Where did the damage or injury occur? (include city and county) 3. How did thelamage or injury occur? '- (Giv"e full details; use extra paper if• ; required) ,:4, . . `' V- tl l g j413 " A, .,yr- Skov L � �' �.,�t�.�l z:& f��`� ate• �'�dc = � 4. ghat articular act or omission on the part of county or district officers, servants or .employees caused.the.Injury or. e? 4`t }. wnat are the names of county or district officers, servants or employees causing the damage or injury? N 5. What damage or injuries do you clam resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. - - ' { 'Y 'x cac c ' ':'C. ` 1c' S (3. 5<`�/ .. �fz z�- {��fJ .i, '�. G t rY„, 7. How was the amount clamed above computed? (Include the stmated amount of any prospective injury or damage.) F rrrwrr.rr/r rrr+�rrrrrrr �rrsis�r+rrrY�.fa+Y.....:._... :rirrr®vww-rr.t.-.a.a++.�+!r.M+ aYrr+I+.�'�wrr�Yr+`�rr�ir . . Names and addresses of witnesses, doctors and hospitals. 5*e re,�C-r I-04,!Z 9. List the expenditures you made on account of this accident or inury: DATE ITEM .s �e,. , 93; Ae Gov. Code Sec. 10.2 vides: "The claim be. sfgned by the claimant SEND NOTICES T0: (Attorney) or tnrb if." Name and Address of Attorney Claimant's Signature Address Telephone No. Telephone No. ;2Y 7 o2_7'/'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 ($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 {$10,0001 or by both such imprisonment and fine. ` - Bill TOW Remit To: INVOICE# 0 7 Po Box 164 1-800-4-BTS TOW Oakley,CA 94561 DISPATCH# 3235 E.18th St. 6715 A Brentwood Blvd. � Antioch,Ca 94509 Brentwood,Ca 94513 ?ate: I + � ,' j200 Phone:925-757-3100 Phone:925-634-0281 Fax: 925-757-6503 Fax: 925-634-2496 Start: ,�4 j?Total v Time: X Carrier r Rear 'r Front r Dolly Driver . Truck Towed From: r � � � r Yl AY2 Towed To: r Y I rAJ mace"4 r BJ Year: Make: Model: Color -.^�Yr� Odom: Plate: �� tate: g VIN: 1. § e - -� 11. T 1 B i <TOW r CC EX AP `�. €&"OClrr Lock Out r Cash r Bill r-Drop j- Check# Jump Start r Radio Tire Change r APD r Stin Rec SF AGENT r PPTA r BPD r 30 Day PO# r RUTH r OPD r 180 PVRLSE MCO CCCS r Keys r Yes Tow r w r r CHP C Wreck No Extra Man Notes: Lien Fee I Storage Daye<y Dao IN: Date OUT: Labor Hrac Doilies i (sate Fee &Ais>v. c4z: r CERTIFICATION: I,THE UNDERSIGNED DO HEREBY CERTIFY THAT I AM LEGALLY AUTHOR- IZED AND ENTITLED TO TAKE POSSESSION OF THE VEHICLE DESCRIBED ABOVE AND ALL PROPERTY THEREIN.I HAVE RECEIVED ABOVE VEHICLE IN SATIS):ACTORY CONDITION. 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F ':if•''::�;::�r:f;�;if;:r:'+;fi.::;�r;�r,.;�.r;l;, :�6J!�?tet JJ/ } ��;.;.r!` � :;�:. ;�:JrJ...J.J.JJ JJ:..n: :.:;f%.',:-';,.';�f r:':;:$:�J'+'•' : elm : ::. .� _� Jr is Y i F fy � 4 fs, i*1 ` +r. ww y- w CLAIM l BOARD OF SUPERVI-SQRS OF CONTRA COSTA COUNTY BOARD ACTION: JULY , 2003 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 ( `Y5,1 '� Board of Supervisors. (Paragraph IV below), given 3L y s t tf � k:a Pursuant to Government Code Section 913 and g ,: 915.4. Please note all"Warnings". �U:%J 0 4 AMOUNT: $47 . 75 'C/�OUINTY !,V#est N E Z rAi.1F% CLAIMANT: CHRISTOPHER G. MULY ATTORNEY: DATE RECEIVED: JUNE 04 , 2003 ADDRESS: 1121 DETROIT AVENUE BY DELIVERY TO CLERK ON: JUNE 04, 2003 CONCORD, CA 94520 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEn.2eIrk Dated; JUNE 04, 2003 By: Deputy IL FROM: County Counsel TO: Clerk of the Board of Supe sors ( ''This claim complies substantially with Sections 914 and..5 10.2. ( ) 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: C— r t '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: (X) 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: JULY 08r 2003 JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. cede section 13} Subject to certain exceptions, you have only six (6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States,over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certifiedcopy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JULY 09, 2003 JOHN SWEETEN, CLERK By Deputy Clerk Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CL.A'IWT A. Claims relating to causes of action for death or for injury to person or to per- sonal 'property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and 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 rause 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 95553. 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, Pena?- Code Sec. 72 at the end of this form. RE. Claim By ) Reserved for Clerk's filing stamp Against the County of Contra Costa } F rte. 4+8 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 7�. . and in support of this.alai-in;represef-.ts as folic ws 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) _ 7t� ZLaggo6cz. 3. How did the damage or injury occur? (Give full ils; use extra paper if required) 4. What particul ct or omission on a part of county or district officers servants or .employees caused. the.i ury_or damage?' /71t7_ __ ......... ......... ...._.... ......... ......... ......... ........_ ._. __. wriat are the runes of county or district officers, servants or employees causing the damage or injury? 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 3. Names and addresses of witnesses, doctors and hospitals. /06( 9. List the expenditures you made on account of this AMOUNT accident or injury: DATE ITEM Pow Gov. Code See. '910;2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney)__ or by so erson on his.behalf." Name and Address of Attorney . F )7L�- (Clapmts signa Address Telephone NoC9.2, /9 -06 7 Telephone � � * � � � 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, bili, account, voucher, or writings is punishable either by imprisonment in the county jail-for a period of not more than one.year", by a fine of not exceeding one thousand ($1,000), or by both such imprisonment andfinei% or dollars ($10,000,nmoeentbyin the state prison, by a fine of not exceeding tenthousand both such imprisonment and fine. ` . § \} %° \ { - ! . . Wd 61 J! EOOZ `S{ f)W ' j a&r| a q a4!] 'Fiq$jeaq . N 01 1U 9 Id 1l . 80] noz MO 97 '3! 3pya9 0y 09 \ HSO ltjioi X !\i (!01 IH NOSOIJ Old(! SONO-1 ^ -1 -/JIS — QO 61-1 9t£ 01 0! SOA80 J 4 .. CLAIM '! BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: JULY 08, 21003` 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 , � s4 Board of Supervisors. (Paragraph IV below), given r. Pursuant to Government Code Section 913 and { $ ii ;t 1'Y { 4° 915.4. Please note all ""Warnings". AMOUNT. UNKNOWN Cxw..=U,NTY(.',rra` €,.,Ss-s., NAR`fNEZ CALIF, CLAIMANT: ANTHONY AND PATRICIA BOURDAKIS ATTORNEY: H. CLYDE LONG DATE RECEIVED: JUNE 06 , 2003 ADDRESS: LONG LAW OFFICES BY DELIVERY TO CLERK.ON: JUNE 062 2003-_- - 950 003"950 RISA ROAD, 2nd FLOOR LAFAYETTE, CA 94549 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET , Dated:. JUNE 06, 2003 By: Deputy TI. FROM: County Counsel TO:Clerk of the Board of Supervisors ` This claim complies substantially with Sections 910 and Q10.2. { ) This Claire FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying.claimant. The Beard cannot act for 15 days(Section 910.8), { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). { ) Other: Dated: •,, - ' By: Day County Counsel III, FROM: Clerk of the Beard 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: {X} This Claim is rejected in full. { ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Bated: JULY 08, 2003 JOHN SWEETEN,CLERK,By , Deputy Clerk WARNING(Gov. code section 13) Subject to certain exceptions, you have only six(6)months from the date this ndtice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JULY 09, 2003 JOHN SWEETEN, CLEF By Deputy Clerk Clain to: BOARD OF OF CONTRA COSTA 00 N Y DAtSi'iRT4 IONS 710 CLADWU A. Claims relating to causes of action for death or for injury to perm or to per- sonal property or growing crops and %hick accrue on or before December 31t 1987, musty be presented not later than the 100th day after the acmva of the cause of actio. Claim relating to causes At action for:.death Or for InJUrY to person or to personal Property or grog amps and uft£c h aderbe an or Attr January 1, 19689 must be presented not later than six manths after the act or the case of action. Clam relating to any other cause of action must be presented not later than one year atter the ==%Ul of the M= of action. (Govt. Code §911.2.) B. Claims ==t be filed with the Clerk of the Board of visors at its office in Rom Ro106, County Ada nistration Building, 651 Pine Street, Martinez, CA 94553. C. if claim is against a district governed by the Board of Supervisors, rather t.haa- the County,- the Masse 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 of this MR: e a * �► ae'eArteaaa +� a �t �taaea �teeea �teactaaeaaee �reea � e RE: Claim BY Deserved for Clerk's ailing, stamp Anthony and Patricia RECEIVED Bourdakis �. JrSiME ER MEEy of MEN Costa ) JUN 0 6 [003 or 3 CLERK 6OA 0F0F SUPS ISORS District) CONTRA COSTA CO. zm name The undersigned claimant hereby makes claim against the County of Contra Costa or the above- District in the a= of $ To be determined and in support of this claim represents-as follows: 2. 'Alien did the damage_or injury occur? (Give exact date and hour) December 15-16, 2002 2. 'Where dial the damage or injury occur?u? (Include city and county) 240 Dorchester Lane, Alamo, Contra Costa County, California 3. How did the damage or injury occur? (Give full details; use extra paper if required) A mudslide occurred on Claimant 's property. 4. What particular act or omission on the part of county or district officers, servants or .e Wloyees reused. the injury or damage? The mudslide was caused by ..improper 5 grading :or 'drairiage on an access road trail maintained by a County department -or agency. 4 �,. wnat are the names of county or district officers, sere or cOP10yee3 causing the damage or injury? Unknown. 5, What damage or injuries do ym clala rimAted? (Give !tel extent of inJWies or claimed. Attach two estimmtes for.:auto damage. Cost of repairing slide area and preventing future slides. 7. Now was the mount claimed above computed? anc2we the estimated amount of any .prospective injury or damage.) Claimant requests that the County make required repairs. Cost unknown. 3. Pumas and 4-Addre33e3.of.sit2eeaes, doctors and hospitals. Claimants are witnesses. Other witnesses and experts to be determined. g. List the expends�u made as account of this t or injury: DATE MOW Attorney' s fees to date; $1 ,000. � iEilii � '� �liEit .� # * cif � f � # •# *.� � i * �, � 1F-� � # � # � � � * � � � �„� * Gov. . `g10.2 Ow-ides-. "Th be s by the claimant a • - SM 1► ICES TO: (Attorney) Yams and Address of Attorney H. Clyde Long LdM ritzy for Claimants Long Law Offices 950 Risa Road, 2nd Floor 240 Dorche er Lan Lafayette, CA 94549 s3 TEL: 925-284-5575 Alamo, CA FAX: ' 925-284-5659 - - Telephone' No. Telephone No. 925-256-6651 e fa �t �tee * eefe �tee a ee NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance Cr for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if.genuine, any false or fraudulent claim, bill, amount, voucher, or writings is pmLlbable either by iMprisoliscWt in the county jaailfor a period of not =re than one-year, by a rine of not exc eediM one thousand {$lt=), or by'both such imOf so t nerd fine;--or by imps aormtent in the state prison, by a tine of not exceeding ten thousand dollars {$1010009 or by bath ;ouch imprisonment and fine. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY i�.�+ • 1, BOARD ACTION: JULY ''08, 20011 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 15 j Y; 915.4. Please note all"Warnings". AMOUNT: $1 , 500. LIA 111'U N 0 9 2C,I., CLAIMANT: DANIEL DzMATTEO COUNTY EL ATTORNEY: UNKNOWN DATE RECEIVED: JUNE 09, 2003 ADDRESS: 509 WEST 10th STREET BY DELIVERY TO CLERK.ON: JUNE 09, 2003 ANTIOCH, CA 94509 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETS gJ Dated: JUNE 09, 2003 By: Deputy IL FROM: County Counsel TO: Clerk of the Board of Supervi ors ( This claim complies substantially with Sections 910 and.5.10.2. ( ) 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: M4 - Dated: s' By: ,. Deputy County Counsel III, FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) { } Claim was returned as untimely with notice to claimant(Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: ( ' This Claim is rejected in full. ( Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JULY 08, 2003 JOHN SWEETEN,CLERK,By , Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions, you have only six (6)months from the date this adtice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.5. 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 1,8; 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: JULY 09, 2003 JOHN SWEETEN,CLERK By Deputy Clerk IJ Claim to; BOARD OF SUPERVISORS OF CONTRA CIOSTA COUNTY INMUCrIONS TO CLAIMANT Cr A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing craps and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for-death or for injury to person or to personal property or ging 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 Beard 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 l 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 FIL Against the County of Contra Costa } JUN 0 9 or ZQ(, / JDistrict) conn COQ ons in name The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ J .': and in support of this claim represents`as follows: Z. When did the damage or injury occur? (Give exact date and hour) 30 l ~ Y i+YIY� +W�w4YrNWY�.r.Y�+M�MwY 2. Where d d the damage or injury occur? (Inc7lude city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required) ..-� �.. { �""�'��"� � _ *� �r �'.�t�'��� ��..''.f .✓�j'� _ i.'�.i t,'}�;�`:,z....,t ,�'--- /ye- tom'���_, �cv;�? �-�C F�f✓�ttt rte} . i,.%}' ?'�C",;[;s �, 1 `'" .��..�",�'�.. ��'?„ �`' '.) .....) 4• What particular act or omission on the part--of county or district officers, servants or ,employees caused. the injury or damage? ......... ......_.. . ......... .......... ...... ......... ......... ......... _ _ _ ......._. -_ ......... ......... ....._..... ......... ......... ......... ............. ..... ..._ .......__._.. _ - _ _ - - __ _........................... . 5, wnat are the names of county or district officers, servants or employees causing the damage or injury 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed Attach two estimates for auto e. � ' -t' 7. 'How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) a, s 3. Names and addresses of witnesses, doctors and hospitals. 9. List theexpendituresyou made on account of this accident or injury: DATE ITEM Gov. Code Sec. 910:2 provides: Me; c im must be signed by the claimant SEND NOTICES TO: (Attorney) orb me per§2non 's. f." Name and Address of Attorney ClaimantTs Signature r Address Telephone No. Telephone No. - ` NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if.genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail-for a period of not More than one year, by a fine of not exceed Ing one thousand ($1:000), or by both such imprisonment and fine;- or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. CLAIM �+f BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Gi • , '=✓�' � ` (iY ���;1 ; BOARD ACTION: JULY 088 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 v Pursuant to Government Code Section 913 and ' 915.4. Please note all"Warnings". s �6�� 4 t^�'� ast AMOUNT. $300. I d,, >.l r_ COUNTY ay f CLAIMANT: DANIEL DIMATTEO -NIART'NEZ CAIUF: ATTORNEY: UNKNOWN DATE RECEIVED: JUNE 09, 2003 ADDRESS: 509 WEST 10th STREET, BY DELIVERY TO CLERK ON: JUNE 09, 2003 ANTIOCH, CA 94509 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board ofSupervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET1 Dated: JUNE 09, 2003 By: Deputy.... II. FROM: County Counsel TO: Clerk of the Board of Supervi rs This claim complies substantially with>Sections 910 and.%110.2. ( ) 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: 40-1 Dated: - . Deputy County Counsel 11. 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: (X) 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: JULY 08, 2003 JOHN SWEETEN,CLERK., By , Deputy Clerk WARMING(Gov. code section 9f3) Subject to certain exceptions, you have only six(6) months from the date this ndtice was personally served or deposited in the mail to filea court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice, AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JULY 092 2003 JOHN SWEETEN, CLERK By Deputy Clerk Clam 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 per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and 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 ether cause of action must be presented not later than orae year after the accrual of the cause of action. (Govt. Code §911.2.) ` B. Claims must be filed with the Clerk of the Boars! of Supervisors at its office in Room 106, County Administration Building, Gal 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 shims, Penal. Code Sec. 72 at the end of this: form. RE: Claim By } Reserved for Clerk's filing stamp Against the County of Contra Costaor ) JUN q 9 2003 District) F ill in rimae } CLEf1K BOARD of SUPE FlVtsORS ...�— S7 M The undersigned clamant hereby makes' alamins he County of Contra Costa or the above-named District in the sum of ` _ and in support of this claim represents as follows.- 1. ollows:1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the doge or injury occur? (Include city and county) �/ 1 cJ r 3. How did the damage or injury occur? (Give full details; use extra~ per if required) �. i�hat particular act or omission on- the part of county or district officers, servants car .employees caused. the.injury car damage c .., =.�- ,�1�`�, � � f��--- 1':'`"�•Z�,.��_--�j tr�7 ` F;�-� C-'f``r` C_.�'���'�`"=Let 7�'k.:.__,..��'���� V�� 'J�'� 'C�`r.�aw=-��"?�, "a 5. +gnat are the names of county or-district officers, servants or employees causing the damage or injury? yY'lG.- 6. What damageor injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) (/ 1 /--'�^ f(J z:--,/`.J- $. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE ITEM t >> t �'`` � •'`fir",��-� �t � �F 9F �F � !F #E IE �F .�E �F iF !F �F 9E �' �l' � • �* � ���:��� � '�.,.� '� � � � 9E �E � iF � "kr if 9f Gov. Code See. '910;2 provides: "Thee aim must be signed by the claimant SEND NOTICES TO: (Attorney) or sperson on his. behalf." Name and Address of Attorney ] Claimant's Signature Address Telephone No. Telephone No. '" � * " N O T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for 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 ( � ,aao}, yr by 'both such imprisonment and fine,'• or by imp risoruaent in the state prison, by a fine of not exceeding ten thousand dollars ($1O,000, or by both such imprisonment and fine. AMENDED - - -CLAIM 61. 1 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: JULY 0,8, 2003 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 d5.4. Please note all"Warnings". AMOUNT MORE THAN $10,000. 3 ^Z E > CLAIMANT: TOMAS LOUKOS C0!J Tj M. . ,yrs ATTORNEY: SIMON KISCH DATE RECEIVED: JUNE 06 , 2003 ADDRESS: 1736 FRANKLIN ST. , 10th F100rBY DELIVERY TO CLERK ON: JUNE 06 , 2003 OAKLAND, CA 94612 BY MAIL POSTMARKED: HAND DELIVERED FROM; Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above{-noted claim. JOHN SWEETS Dated: JUNE 06� 2003 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisofs (V This claim complies substantially with Sections 910 and.Q11 0.2. { ) 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: J— By: " y County Counsel III. FROM: Clerk of the Board TO: County Counsel(1) County Admi strator(2) { j Claim was returned as untimely with notice to claimant(Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: , (X) 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: .JULY 08, 2003 JOHN SWEETEN, CLERK:, By , Deputy Clerk WARNING(Gov. code section 13) Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United States,over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JULY 09, 2003 JOHN SWEETEN, CLERK By Deputy Clerk 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. (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 $y �f om Reserved for Clerk's filing stamp ) RECEIVED Against the County of Contra Costa tf PW 6 ) JUN 0 6 2003 '7owo ;,' bAorvl 4-(.c= ) c?Nri7` o ca" ?FrC District) CLERK BOARD OF SUPERVISORS (Fill in name) ) CONTRA COSTA CO..___ G--�Ak ' Com, PdZM A } The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ and in support of this claim represents as follows: 1. When did the damage or injury occur?(Give exact date and hour) 1)ec /�v 2coL 2. Where did the damage or injury occur?(Include city and county) 3. How did the damage or injury occur?(Give full details;use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 5. 'What are the names of county or district officers, servants, or employees causing the damage or injury? 5 6Gf Fj-c `,`a 6. 'What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 4-67 8. Names and addresses of witnesses, doctors, and hospitals. 9. List the expenditures you made on account of this accident or injury. DATE TIME AMOUNT ) Gov. Code Sec. 914.2 provides "The claim must be ) signed by the claimant or by some person on his behalf. SENT)N0TICES TC►: (Attorney Name and Address of Attorney ) 6 t'R Am< -( to 5 t 06,P&O ) (Claimant's Signature) (Address) ) Telephone No.'5r G '` �6 )Telephone No. NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account, voucher,or writing,is punishable either by imprisonment in the county jail for a period of more than one year,by a fine of not exceeding one thousand(S 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(S10,bo4),or by both such imprisonment and fine. State of Californl{al Phase read"Instructions for Ftling a.Clam" Board of ContrOf RECEIVED kryouamstng#*dwmb*wd*morthsfromthe hmertm%please GO�I � V Ltrl see€nstrurdonsforIng a late claim application on the apposite page.O U zoo SBOC-GC-4002(Rev.SIM) .A men CL- K BOAR=CO. / CONTR � �e a t+r� { c t4 t M Name of Ciaima€ t _ Teiaphc h4urn€ r c« ) `t ` h1s) Bas s MallingAddress Cky stagy zipCocle 14 sAivooid CC -- l C44 9 Is the claim fled on b4hilf ofa minor??Yes efNo €fyes,please indicate:Relationship to the minor Date of birth of the minor Name of StateAgency against which this claim is filed incident Date A$qbot Dollar Amount of Claim Chi etn Aees Month 1.2.Day 14�Yr. aoo Z Pmt I.M. 0 0 a If the amount exceeds %O0-�0,,Inndic;ate type of`civil case: Explain how the dollar amount claimed was computed, U Lime»#ed Civil Case 2 Q-Umited Civil Case 09801 tivee copiesolthesupportthg do=nentabonforthe amountclaimedwiththisft n-n.) Describethe specific damage or injury incurred as a result of the incident. Location ofthe incident{ifappiicable,indudestreetaddress,city orcountyy,vruvwnumber;post mile niurnberanddirecliondtavel,} Prefbrrert Hearing Loc don(rtan appearances is ne ry): U Sacramento [1LosAngeles. . Widarid Q San Uego Explain thecircurnstances that led to the alleged damage or injury.State all farts that support your c€aim against the State of Cal'ifomia,and why you Wleve the State Is responsible fbrthe alleged damage,or injury.If known,provide the name(s)of the State employee(s)who allegedlycaused the injury,carnage or loss.(If more space is needed,please attach addMonal sheets.) , Starts of California Submit completed claim farm and three copies to: Board of Contmi STATE BOARD OF CONTROL GOVERNMENT CLAIM GOVERNMENT CLAIMS BRANCH P.O.Box 3035 SBOC-GC.0043(Rev.6100)Reverse Sacramento,CA 95812-3035 Has the Bairn forthe alleged damage/injury been filed PokyNumber Telepi=e number('indudemmc ode} orurill it be filed with your insurance carrier? ( ) Wes U o Maff.ing Address City., State Zip Code- Name odeName of insurance carrier Amount of Deducible Are you the regisI owner? U Yes Q No Make: Modet: Year: Name ofAftorney/Representative Te1ephoneNumber(mduucleareaacde) { ta 66 ?i- oo Maillno Addrew Orly State zp Section 72 of ti'te Penal gods provides that"every person who,vial intent to defraud,presents for allowance or for payment to any State Board or Officer,or to any county,tom,clty,district,ward,or village,board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account,voucher,or writing,is guilty of a felony.' Signature of Claimant - - We Signature offpttomeyft sentative Dab AMENDED GOVERNMENT CLAIM June 2. 2003 Name of Claimant Mr. and Mrs. T Loukos Address of Claimant 14 Sandra Court, Alamo, California, 94507. Tel: 925-855 8853 Claim Information The claim is not filed on behalf of a minor The incident took place on or about December 14, 2002 The dollar amount of the claim is in excess of$10,000 and in accordance with prevision of government Code §9'10(f) the amount of the claim is not stated. The claim is not a limited civil case The incident took place to the rear of the property at 14 Sandra Court The preferred hearing location is Oakland Claims are being filed against the Department of Transportation (CalTrans), the Town of Danville, Contra Costa County, and the Public Facilities Corporation that is the title holder to the land on which part, or all of, the slide occurred. Circumstances that Leel to the Damage The property in question, 14 Sandra Court (Property) abuts San Ramon Creek (Creek). On or about 14 December 2002, during a heavy rainstorm, part of the land to the east of the Property, between the Creek and Interstate Highway 580, slid into the Creek temporarily damming it. The slide material included large pieces of concrete and other non-natural debris. A short while after the slide the Creek overflowed this temporary dam and the resulting rush of water removed most of the slide material and a significant amount of material from the Property. However, part of the slide material, including some of the pieces of concrete, is still in the old bed of the Creek and the Creek now flows about 50 feet to the west of its old course. I am informed and believe that part of the land from which the slide came is now owned by the Danville YMCA (YMCA) and part of the land is owned by a Public Facilities Corporation (PFC). The land owned by the PFC was paid for equally by the Town of Danville (Danville) and Contra Costa County (Contra Costa). Some, or all, of this PFC land is commonly known as Nap MaGee Park (Park). I have made a preliminary review of aerial photographs of the area taken between 1952 and the present. Based on this review, and other information, I believe that the California Department of Transportation (CalTrans), other State agencies, Danville, Contra Costa, the PFC and one or more of their agents, conducted significant construction activity, including re-grading, on and about the area of the slide. And this construction activity was wholly, or partially, responsible for the slide. I am further informed and believe that CalTrans, other State agencies, Contra Costa, the PFC and Danville, and one or more of their agents, have modified, and/or improved the land from which the slide came, and the surrounding land, and this modification and/or improvement work.was wholly or partially responsible for the slide. I am also informed and believe that CalTrans, Contra Costa County, Danville, and the PFC are responsible for the maintenance of the Creek in the area of the Property and that this maintenance work., or lack of maintenance work, was wholly, or partially, responsible for the slide. I am further informed and believe that during the construction of Highway 680, including the construction of a sound wall in the area of the Property, and during the maintenance and repair work to the Highway since its construction, the to the area adjacent to the Highway, and some, or all, of the land now owned by the PFC and the YMCA, and land adjacent to this YMCA and PFC land, was modified, including re-graded, and was also used by CalTrans, and its agents, and other State agencies for construction activities, including the dumping of excess fill generated during construction and/or maintenance. And this construction and maintenance work was wholly, or partially, responsible for the slide. I am further informed and believe that Cal Trans and/or another State agency, Danville, Contra Costa and the PFC, and/or one or more of their agents, installed water bearing pipes, and other improvements, through, and on, part or all of the slide area and its vicinity and the installation of these pipes and leakage from these pipes, and the effects of the other improvements, was wholly or partially responsible for the slide. It is probable that the repair of the damage will cost at least several hundred thousand dollars. Damage: The slide and the resulting water flow caused the following damages: 1. A significant portion of the Property was removed 2. Various structures on the Property, including retaining walls were damaged 3. Two large oak trees were washed away. These trees provided shade for the Property and lessened the noise from Highway 680 4. A part of the slide material still sits on the Property 5. The Creek's course is now through the Property rather than abutting the Property 6. The Property has been reduced in value, including being stigmatized, by the occurrence of the slide and the repositioning of the Creek 7. It is possible that government, or other, regulation, or engineering factors, may prevent the property being returned to its original state. If that should be the case, the value of the property may be negatively affected 8. The Loukos family has suffered from, and continues to suffer from, severe emotional distress Representation Mr. and Mrs. Loukos are represented by Simon Kisch Law Office of Simon Kisch 1736 Franklin Street, 'I oth Floor Oakland, CA, 94612 Tel. 510 663 6400 Fax: 510 444 1704 D to Simon Kisch Attorney for Mr. and Mrs. Loukos State of California Please read"tnstrt dons for Piling a.Claim" Boarof•Control �+ IfMrg �tsbcmont»s ,,tom ,r se 'GOVERNMENT 1C LAI M see instruct1cm1brft a I&claim appilmlion on the oppo page. SSS-GC4002(Rev. ) (Amen a� G R / f e f1��tt�� Ctacrh NameoNialmant T CneNurr (TIS) Bps s MaitingAddress Cir Stab 7JpCOde w 14 15ON0 ' 7- 9 >So Is the claim gad on WhWofa mimor?Utes eYNo Ifyes,please indicate:Relationshipto the miner _ Date ofbirth of the minor Marne ofStateAgency against which this claim is filed Incident Date DollarAmount of Claim 1-�efs Month 0.Day r�,Yr: goo Z 1,1 10COa If the amount exceeds '14,00-0,.indicate type of civil cue: Explain how t he dollar amount claimad was computed. Limited Civil Case 2 Nom-L.im iteid Civil Case (A ���hpA drainer t donforts amount dalme d with ihis bTn.) Descr be the specific damage or injury incurred as a resultof the incident. Location ofthe incident Of applicable,include street address,city or=mty higtmW tier,pc tmle numbwand diredw of'#raval) is PretnedHmrtVLocabon{fanapwm—,miser} 0 Sacx menb U LmAngdes. . Q15ftrid Q San Disgo Explain tt circumstances nces that led to the alleged damage or injury.State all facts that support yaurclaim against the State of California,and why you believe the State is responsible forthe alleged damage,orinjury.If known,provide the nems(s)of the State employee(s)who allegedlycaused the injury,name orbs.(If more spm is needed,please attach additional sheets.) • rp RVI ESCEPAPIMEN? Lose Masa 0=1 UMSM ......................................................................................................................................................................................................... ......_.. ....__... ._....... ......... ..._..._. .........._. ....._..._........._...._........_.._.. ._........ ......... ......... q w Stade of California SubmFt wrnpieted claim farm and three copies to: Beard of Control STATE BOARD©FtONTROL C�Ct�V5'RN M EN�` LSI � . - GOVERNMENT CLAIMS BRANCH P.O.Bax 3035 SSMC.GC 002(Rev.NO)Reverse Sacramento,CA M12.3035 Has tjodaimf'brftdepddamageAnjurybeenflled f't t Number T nurriber(xdjdeareac ode) orwiti It be died with your,insurance carrier? ) Wes Q No Mailing AddressU., State Zip Cade Narne of hananae carrier Amount of Deducb1:)6 Are you the registered awner? U Yes C1 Na intake: Modal, Year Nsrne af' tomeyfRspreser vo TdephongNurl -( dudeare aAq) '510) . o O Mailing Address Cky state ZIP 4 6 tc tr na gyp- H'' Ca r_ N r 6 2 Section 72 of the I}"Cade provides that 4every person who,with intent to dftd,presents for allowance or for payment to any State Board or Nicer,or to any county,town,city,district,ward,or village,board or officer,authorized to show or pay the same if genuine,any false or fraudulent claim,bill,account,voucher,or writing,is guilty of a felony.' Signature of Claimant i Signature cuff Afto�ey.Re tative _~�, Date AMENDED GOVERNMENT CLAIM June 2, 2003 Name of Claimant Mr. and Mrs. T Loukos Address of Claimant 14 Sandra Court, Alamo, California, 94507. Tel: 925-855 8853 Claim Information The claim is not filed on behalf of a minor The incident took place on or about December 14, 2002 The dollar amount of the claim is in excess of$10,000 and in accordance with provision of Government Code §910(f) the amount of the claim is not stated. The claim is not a limited civil case The incident took place to the rear of the property at 14 Sandra Court The preferred hearing location is {Oakland Claims are being filed against the Department of Transportation (CalTrans), the Town of Danville, Contra Costa County, and the Public Facilities Corporation that is the title holder to the land on which part, or all of, the slide occurred. Circumstances that Led to the Damage The property in question, 14 Sandra Court (Property) abuts San Ramon Creak (Creek). On or about 14 December 2002, during a heavy rainstorm, part of the land to the east of the Property, between the Creek and Interstate Highway 500, slid into the Creek temporarily damming it. The slide material included large pieces of concrete and other non-natural debris. A short while after the slide the Creek overflowed this temporary darn and the resulting rush of water removed most of the slide material and a significant amount of material from the Property. However, part of the slide material, including some of the pieces of concrete, is still in the old bed of the Creek and the Creek now flows about 50 feet to the west of its old course. I am informed and believe that part of the laird from which the slide came is now owned by the Danville YMCA (YMCA) and part of the land is owned',by a Public Facilities Corporation (PFC). The land owned by the PFC was paid for equally by the Town of Danville (Danville) and Contra Costa County (Contra Costa). Some, or all, of this PFC land is commonly known as Hap MaG'ee Park (Park). I have made a preliminary review of aerial photographs of the area taken between 1952 and the present. Based on this review, and other information, I believe that the California Department of Transportation (CalTrans), other State agencies, Danville, Contra Costa, the PFC and one or more of their agents, conducted significant construction activity, including regrading, on and about the area of the slide. And this construction activity was wholly, or partially, responsible for the slide. I am further informed and believe that CalTrans, other State agencies, Contra Costa, the PFC and Manville, and one or more of their agents, have modified, and/or improved the land from which the slide came, and the surrounding land, and this modification and/or improvement work was wholly or partially responsible for the slide. I am also informed and believe that CalTrans, Contra Costa County, Danville, and the PFC are responsible for the maintenance of the Creek in the area of the Property and that this maintenance work, or lack of maintenance work, was wholly, or partially, responsible for the slide. I am further informed and believe that during the construction of Highway 680, including the construction of a sound wall in the area of the Property, and during the maintenance and repair work to the Highway since its construction, the to the area adjacent to the Highway, and some, or all, of the land now owned by the PFC and the YMCA, and land adjacent to this YMCA and PFC land, was modified, including re-graded, and was also used by CalTrans, and its agents, and other State agencies for construction activities, including the dumping of excess fill generated during construction and/or maintenance. And this construction and maintenance work was wholly, or partially, responsible for the slide. I am further informed and believe that Cal Trans and/or another State agency, Manville, Contra Costa and the PFC, and/or one or more of their agents, installed water bearing pipes, and other improvements, through, and on, part or all of the slide area and its vicinity and the installation of these pipes and leakage from these pipes, and the effects of the other improvements, was wholly or partially responsible for the slide. It is probable that the repair of the damage will cost at least several hundred,thousand dollars. Damage: The slide and the resulting water flow caused the following damages: 1. A significant portion of the Property was removed 2. Various structures on the Property, including retaining walls were damaged 8. Two large oak trees were washed away. These trees provided shade for the Property and lessened the noise from Highway 680 4. A part of the slide material still sits on the Property 6. The Creek's course is now through the Property rather than abutting the Property 6. The Property has been reduced in value, including being stigmatized, by the occurrence of the slide and the repositioning of the Creek 7. It is possible that government, or other, regulation, or engineering factors, may prevent the property being returned to its original state. If that should be the case, the value of the property may be negatively affected 8. The Loukos family has suffered from, and continues to suffer from, severe emotional distress Representation Mr. and Mrs. Loukos are represented by Simon Kisch Law Office of Simon Kisch 1736 Franklin Street, 1 oth Floor Oakland, GA, 94612 Tel: 510 683 6400 Fax: 510 444 1704 ® te Simon Kisch Attorney for Mr. and Mrs. Loukos TO: BOARD OF SUPERVISORS FROM: Jahn Sweeten, County Administrator Contra DATE: July 8, 2003 SUBJECT: Final Settlement of Claim Costa Jean & John Mulgrew v. Contra Costa County County Superior Court#CO2-02647 SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Receive this report concerning the final settlement of Jean & John Mulgrew and authorize payment from the Medical Liability Trust fund in the amount of$150,000. BACKGROUND/REASONS_FOR RECO'MMEN'DATION: Richard J. Conti, Attorney for the County, has advised the County Administrator that within authorization an agreement has been reached settling the medical liability claim of Jean & John Mulgrew vs. Contra Costa County. The Board's June 24, 2003 closed session vote was Supervisors Gioia, Uilkema, and DeSaulnier'—yes; Supervisor Glover absent. This action is taken so that terms of this final settlement and the earlier June 24, 2003 closed session vote of the Board authorizing its negotiated settlement are known publicly. CONTINUED ON ATTACHMENT: YES SIGNATURE: —,,--RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —Lc ---APPROVE OTHER SIGNATURE(S) ACTION OF B A D ON JULY 08, 2003 APPROVED AS RCOMMENDED xx OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTESS OF THE BOARD xx UNANIMOUS (ASSENT IV } OF SUPERVISORS ON THE DATE S14OW N. AYES: NOES: ABSENT: ABSTAIN: DISTRICT III SEAT VACANT JOHN JULY 08. 2003 JOHN SWEETEN,CLERK OF THE BOARD OF Contact Ron Harvey(335-1443) SUPERVISORS AND COUNTY ADMINISTRATOR C:1My DccumentelBcard Orders\BO20G318OMuigrwGL.doc Cc: Risk Management Auditor-Controller BY DEPUTY TO: BOARD OF SUPERVISORS FROM: John Sweeten, County Administrator Contra DATE: July $, 2003 SUBJECT: Final Settlement of Claim Costa Raymond T. Harless vs. Contra Costa County County j Superior Court No. COO-03475 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Receive this report concerning the final settlement of Raymond T. Harless and authorize payment from the General Liability Trust Fund in the amount of$495,000. BACKGROUND/REASONS FOR RECOMMENDATION: Pete Edrington, Attorney for the County, has advised the County Administrator that within authorization, an agreement has been reached settling the general liability claim of Raymond T. Harless vs', Contra Costa County. The Board's June 17, 2003 closed session vote was Supervisors Uilkema, DeSaulnier, Glover and Gioia -yes. This action is taken so that terms of this final settlement and the earlier June 17, 2003 closed session vote of this Board authorizing its negotiated settlement are known publicly. CONTINUED ON ATTACHMENT: YES SIGNATURE: �o RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER f SIGNATURE S: ACTION OF BO JULY 08, 2003 APPROVED AS RCOMMENDED xx OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTESS OF THE BOARD XX UNANIMOUS (ABSENT IV ) OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: JULY 0$ 2003 S� DISTRICT III VACANT ATTESTED s C:IMy DocumentslBoard Orders\B02003ABORTHarW C.doc JOHN SWEETEN,CLERK OF THE BOARD OF Contact; Ron Harvoy SUPERVISORS AND COUNTY ADMINISTRATOR Cc: Risk Management Auditor-Controller BY DEPUTY TO: BOARD OF SUPERVISORS FROM: Jahn Sweeten, County Administrator Contra DATE: ,tiny$, 2003 oCosta � SUBJECT: Final Settlement of Claim Melissa Cunningham vs. Contra Costa County Uounty Superior Court No. C00-03279 SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Receive this report concerning the final settlement of Melissa Cunningham and authorize payment from the General Liability Trust Fund in the amount of$75,000. BACKGROUNDIREASONS FOR RECOMMENDATION: Thomas A. Watrous, Attorney for the County, has advised the County Administrator that within authorization, an agreement has been reached settling the general liability claim of Melissa Cunningham vs. Contra Costa County. The Board's June 17, 2003 closed session vote was Supervisors Uilkema, DeSaulnier, Glover and Gioia --yes. This action is taken so that terms of this final settlement and the earlier June 17, 2003 closed session vote of this Board authorizing its negotiated settlement are known publicly. CONTINUED ON ATTACHMENT: YES SIGNATURE: °67 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,rte-''APPROVE OTHER SIGNATURES ' ACTION OF B? ON JULY 08, 2003 APPROVED AS RCOMMENDED XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTESS OF THE BOARD XX UNANIMOUS (ABSENT IV ) OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: DISTRICT III SEAT VACANT ATTESTED JULY 08 2403 C:\My DocumentsZoard Ordersi13020031130MelCunW C.doc JOHN SWEETEN,CLERK OF THE SP ,; Contact: Ron Harvey SUPERVISORS AND COUNTY ADMI W,-Ft TQR Cc: Risk Management Auditor-Controller BY TO: BOARD OF SUPERVISORS fir{ F CONTRA C+f35TA FROM: John Sweeten,County Administrator Yrs-� _ r COUNTY BY: Johnny W.Jefferson,Director Office of Revenue Collection BATE: July 8, 2003 SUBJECT: Initiate Legal Action to Recover and Secure Costs of Services SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(_S): AUTHORIZEIDIRECT County Counsel to initiate legal action to recover monies owed for outstanding debts and costs of suit against the following parties: NAME DEBT DOMES,AUGUSTINA S 26,600.69 VILLA,SALVADOR & VILLA,MARIA S 12,61.2.50 RAp SOOLI,ALIAA & gt �p�(y{�+{ ±�� RASOOLI,SHAII S 58,0..71.30 GARCIA,MONIQUE S 32,747.91 DIAZ,JOAQUIN & DIAZ,ANA S 7,946.56 BROWN,JEFF E. $ 15,987.26 PENNING,AMY S 18,375.80 DAVI,MARY S 582353.93 TOTAL $230,675.95 FINANCIAL IMPACT This action "ill increase the County's ability to execute on the ,judgments obtained pursuant to the Burd of Supervisor's,authorization. REASON(S)FOR RECOMMENllATION(S): To secure the County's interest on debts owed. BACKGRO TND The parties involvedhave demonstrated an unwillingness to reimburse Contra Costa County for services provided. It is necessary for the County to preseip e its interest by initiating appropriate action against the responsible party. CONTINUED ON ATTACHMENT: Yes SICNAT URE. _�k/ It _� 'RSCOMMENOATM OF COUNTY ADMINISTRATOR i�rik;57rC3 C€3MM1 YrEE ,—OPROVE —OTHER SIGNATURE('3) ` - f ACTION OF BO APPROVED AS RECOMMENDED OTHER VOTE OF S RS I HEREBY CERTIFY THAT THIS IS A XX UNANIMOUS(ABSENT IV ) TRUE AND CORRECT COPY OF AN AYES: NOES., ACTION TAKEN AND ENTERED ABSENT; ABSTAIN: ON MINUTES OF THE BOARD OF DISTRICT' III SEAT VACANT SUPERVISORS ON THE DATE SHOWN, Contact: ATTEST .JULY 0$, 2003 ED "N SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: P.Hurd,ORC P.AMwff,Counsel P.Poggensee,ORC BY. DEPUTY