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Home My WebLink AboutMINUTES - 11061984 - 1.21 t zi -_ CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT November 6, 1984 governed by the Board of Supervisors, ) The copy oft s document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Mary Burgess County Counsel 2403 Doidge Avenue Attorney: Pinole, CA 94564 OCT 5 1984 Address: Via CAO Martinez, CA 94553 Amount: $162-200 By delivery to clerk on October 4, 1984 Date Received: October 4, 1984 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: October 4, 1984 PHIL BATCHELOR, Clerk, By �/�. Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) 94 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. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: - By: Deputy County Counsel III. FROM: Clerk of the Board TO: (Z County Counsel, (2) ounty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (� This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By �I , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: PHIL BATCHELOR, Clerk, By Q,C1! �;6�, Deputy Clerk cc: County Administrator (2) County Counsel (1) 00 0 022 CLAIM CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions -Lo Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day 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 . (Sec. 911. 2 , Govt. Code) 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 (or mail to P.O. Box 911 , Martinez, .CA) . 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 end of this form. RE: Claim by ) Reserved Clerk stamps i RECEIVED Against the COUNTY OF CONTRA COSTA) OCT 7 1984 or DISTRICT) PNII&AiCMEl01 (Fill in name) ) EtKoo fsupf w is CON 0 fAC D The undersigned claimant hereby cakes claim again t 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) --- `Sep----�------------Do '-1' ------------ --------------------------- 2. Where did the damage o �r injury occur? (Include city and county) s0i9 Soi, Axhlo ,0ain ,E' E< � e3 . 3. How did the damage or injury occur? (Give full details, use extra sheets if required) c�✓t- Le,P,�v� ------ - ---------------------------U---------------------------------- 4. Wh-at-pa--rticular act or omission on the part of county or district officers , servant/ employees causedthe injury or damage? "S 000023 (over) 5.- What are the names of county or district officers, servants or employees causing the damage or injury? AAA I C C 6t/0 r'+LS iJ�QCLLt/h F-11 ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) ��+E- �,• f,F/ol .S�isf/E-�FaC ,fir Gam- ,/.c�•� �C�.�/ --------------------------0----------------------------------------------- 7 . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ' S.9Z. �SF�'�G f s quos s%"�a� 4wC �i�,�, . s 0.7 Z< �sc 62c,6 W 8. Names an Q addresses of witnesses , doctors and hospitals. S/l Obi�7 O�l .GYL y4�r�' -- /c� � �il•sficu LDS �� d_ - - - 9. List the---expen- d-it-ures-----you----made-- on account--------of---this-----accident---------or--in-j--ury:--- DATE ITEM AMOUNT t i Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney aimant s /Signature 3 ,n%a�nL /JC1�J Addre 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, town, city 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. " 000024 : = FRANK MILLER GLASS COO <! '. 1711 BARRETT AVENUE 232-2792 and 529-2936 RICHMOND, CALIFORNIA 94801 ,_��f4u61t ��L'1• Calif. Contractor's License No. 340377 ■ PROMPT INSURANCE REPLACEMENTS GLASS INSTALLED • AUTO • WINDOW • PLATE Aluminum: Sliding Sash, Casements, Sliding 7oors, Jalousies and Store Fronts "r� Mirrors • Furniture Tops • Pyrex • Shower Doors • Screens and Re-screening Plexiglas • Sun-Stop Glass Tinting • Sun-Tint Reflective Film •. Plastic Skylights Mary Burgess DATE Sept. 19, 1984 2403 Doidge Avenue INVOICE No. Pinole, California 94564 LIST DISC. TOTAL E S T I M A T E O N L Y l B5208 Tinted Backglass 167 45 30! 117 31 Max 7 62 Labor 72 BC J 197 68 1975 Chrysler Cordoba TERMS: A 11,1, PER MONTH FINANCE CHARGE(18-, ANNUAL PERCENTAGE RATE)WILL BE ADDED TO )'OUR PREVIOUS BALANCE.WHEN NOT PAID MTHIN 30 DAYS. IF YOI" PAY 1'l1i'R NEN' BALANCE BEFORE YOUR NEXT BILLING DATA: YOU WILL AVOID ADDITIONAL FINANCE CHARGES. PLEASE REVII TO FRANK MILLER GLASS CO. 1711 BARRETT AVE. RICHMOND,CALIFORNIA 94801 000025 16 4c NO. .. © �1ESCRIPTiON 147, /aoy 90 J/. 60 1 i i 4 i k 1 1 I ( I COMMENT " 4 4A CUSTOMER COPY 000026 partment Contra Public Works De Costa 651 Pine Street, Sixth Floor Pubhc County Martinez, California 94553-1291 Ci-Jet Ceou r: September 6, 1984 Dear Resident: This is in regards to our recent chip seal work fronting your property. S,jr)ervisor Fahr;fri's offirc :,.rir4 the Work!: Office have rereivcd numerOVS complaints regarding the length of time it is taking to pick up the loose gravel and the resultant dust problems created by this work. We regret the hardship that you are experiencing because of this. Several operational problems occurred creating this situation. It was never our intention for this to occur. At Supervisor Fanden's insistence we are securing additional street sweepers and a water truck (where necessary) to remedy the situation 'as soon as possible. Our chip seal program helps to extend the life of the roadway at a relatively low cost, deferring more expensive types of repair for which there is little money. Once again, we apologize for the inconvenience. If you have any questions please call Mike Hollingsworth at 372-4477. ,rs Very truly yo J.J. s' Micha Walford or Public krks Direc or JMW/MLH/pc m.chipre-sident.t9 000027 . CLAIM BOARD OF MPERVISORS OF CONTRA COSTA CO(JNTY, CALIFORNIA BOA)W ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT November 6, 1984 governed by the Board of Supervisors, The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Stanley Conner Attorney: Maryanne Britten 1320 Willow Pass Road, Suite 400 Address: Concord, CA 94520 Amount: $90,137.00 By delivery to clerk on Date Received: October 19, 1984 By mail, postmarked on October 11, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. A Dated: October 19, 1984 PHIL BATCHELOR, Clerk, By - ,Ku Deputy ff Jolene Edwards II, FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) 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. 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�% (U. Deputy County Counsel r III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of 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 tPis date. / Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. / DATED: i / i ' - Fly PHIL BATCHELOR, Clerk, By ��/� , Deputy Clerk cc: County Administrator (2) County Counsel (1) 000028 CLAIM �:o- .., _;_ _. _-n ._..... . ..�T.,ms--am...e.m.nnwax.+.-mea-.�•-'...�.._.. .. -i'mAW4 TO: BOARD OF SUPERVISORS OF CONTRA CO§;,Lbr %ppiication to: Instructions to ClaimantClerk of the Board P.O.Box 911 Mafrtinez Calitomia94553 A. Claims relating to causes of action for death or or injury to person or to personal property or growing crops must be presented not later than the 100th day 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. (Sec. 911. 2, Govt. Code) S. 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 , California 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 I,,. C be filEB uyniii6t 25Ch puiiZC 2iatii y. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. tt*tt*tett#*:tttttt*rt,t«**tr•*:***:*****:*�,t**tc«*wtr*trw*ir**:*-tcAa**tt�*rrk«*** RE: Claim by ) Reserved fo leak' s filing stamps STANLEY CONNER CEI Against the COUNTY OF CONTRA COSTA) CCT )9 1984 or DISTRICT) PHIL BATS JE,0. (Fillin name ) s RK pnp The undersigned claimant hereby makes claim against the County o Contra Costa or the above-named District in the sum of $ 901137 . 00 and in support of this claim represents as follows: ------- ---------'------ -T------------ ---------=-------------- ---- exact ---exact date and hour] August 3, 1984 at approximately 10: 45 a.m. 1. Where did zne damage or injury occur? tint ude city and -ounty) E Module, Contra Costa County Main Jail, City of Martinez , County of Contra Costa .�-------------------••-------T------------- ---- --T -------------- 3. How did the damage or injury occur? (GiveuII �etai�s, use extra sheets if required) See Attachment "A" 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The injuries to claimant were caused by the intentional and malicious acts of Deputy DeLuna in providing the trustee inmates with information known to him to be false in an apparent attempt to cause an altercation between the inmates and claimant. Claimant' s injuries were increases} by the acts of Deputy DeLuna in walking away and failing and (over) refusing to offer assistance to claimant at a time of obvious da 0@ 9:' 9 claimant. ATTACHMENT "A" On or about the above date, claimant was an inmate in the Contra Costa County Jail on a contempt of court charge arising out of a Family Law Department court order. The deputy in charge of E Module at the time of the occurrences. hereinafter referred to was Deputy Miguel DeLuna. On August 3, 1984 , at approximately 8 : 00 a.m. Deputy DeLuna approached five (5) trustee inmates in the television area of the jail and advised them that they were about to lose their trustee status because claimant was going to prepare a court document complain- ing that said trustees did not possess a valid health card for food handling in the jail . At the time Deputy DeLuna made said statements he knew them to be false. On August 3 , 1984 , at approximately 10 : 45 a.m. , claimant was approached in E Module by four of the trustee inmates referred to above. At the time said trustee approached claimant, Deputy DeLuna was standing at the deputy station in close proximity to the inmates and to claimant and, upon seeing the trustees approach claimant, Deputy DeLuna walked away from the station and left the area. The trustees backed claimant into a corner and began making threats of physic-al' violence toward claimant based on Deputy DeLuna' s representa- tions to them. The above threats continued for several minutes, until other inmates were able to convince the trustee inmates that Deputy DeLuna had lied to them regarding claimant. During said activities , claimant suffered great and irreparable emotional, psychological, and physical injury as hereinafter set forth. 000030 �:2r • F / CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIMENIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT November 6, 1984 governed by the Board of Supervisors, ) The copy ot this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: James D. Goldey 3985 Bellwood Court Attorney: Concord, CA 94519 Address: Amount: Unspecified By delivery to clerk on October lo, 1984 Date Received:October 10, 1984 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ) Dated: October 10, 1984 PHIL BATCHELOR, Clerk, ByDeputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) 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. 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: l o _ By: - Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) ounty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (-A 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: //- Lr _ ZcZ PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: PHIL BATCHELOR, Clerk, By _ ,U'- , Deputy Clerk cc: County Administrator (2) County Counsel (1) 000031 CLAIM r- CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions :o Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day 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. (Sec. 911. 2 , Govt. Code) 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 (or mail to P.O. Box 9111 Martinez, .CA) _ 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 en'-ity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserve r r ' s filing stamps RECEIVED Cvn o2+� L Against the COUNTY OF CONTRA COSTA) OCTjQ 1984 or DISTRICT) PHI TCHEIOR (Fill in name) ) C LW�6. r 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 Alat�e and hour) 7-u c S>>p Y DC 1 y 5 ,/ �"J" wr r'�v S */4 © 'CYor_k ZdS. A0-1 -T--------------o-r--in--j--ury--------occur?---(_In__c_1_u_de___K_ty___an_d---county-----)----- 2, Where did the damage M.4/nJ STf?667- MAfeTiNi2 C!f ------------------------------------------------------- th 3. How did e damage or injury occur? (Give full details, use extra sheets if required) M y j 2ucr L4_-)t:?5 ,.iia 2rrrD _ wA5 nJ Cov2i /�vf'Z a^� U,>n Y 0 � ANp A .5—Pe �='S �c pR�i�,r.�h'- MY T2v� ►� ---------------------------------------------------------------------- 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? (over) 000032 5. What are the names of county or district officers , servants or employees causing the damage or injury? /2/}0 Y a * /Hc Q/Z/^AF 4A3 ------------------------------------------------------ -------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Na Pr25pNf}L in>Jv2lr5 M / AJo2 M>---fiww 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) vpjawoii e,:-s !/M R T4�_S /'eoAi "Twv 106J/ ------------------------------------------------------------------------- 8. Names and A)addresses of witnesses , doctors and hospitals. a �= -------------------------------------------------------------------------- 9 . List the expenditures you made on account of this accident or injury: DATE i ITEM AMOUNT Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or-by some person on his behalf. " Name and Address of Attorney . . )0 W Claimant' s Sign ture 35'k5- 064 k�oail C T Address 00&r CIA9 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, town, city 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. " 000033 VVI _ nn I ClA 1 � � � I 1 Y..:r A• va....:"ln.+w ...�ihia..Jnn�..._�a-.. '�+f^`it_!.r ... O\ "I > > 0 m n \ O 0 N ,7s h Z r' r r` R N < < l L, m Z �0 7e E v 1 c t O t� n t o > r y n O d C ' r •-' A Z n C y 000034 COMPLETE BODY WORK& PAINTING DOMESTIC& FOREIGN VOID AFTER 30 DAYS 2535 MONUMENT BLVD. • CONCORD, CA 94520 • (415) 689-8092 NAME ADDRESSS. � })� �� 1 DATE Home Phone 'L.L 6CJ 0 1 Business Phone MAKE OF,,"R E TYPE /—� LIC NSE NO. BODY STYLE PAINT NO. TRIM NO. rrz1o6 :e �� INSURED BY — ADJ STER PROD. DATE MILAGE I.D. NO. Iq REPAIR REPLACE ESTIMATE OF REPAIR COST ABOR PARTS SUBLET HOURS Lc 41 '? 2 i' TOTAL REMARKS: 1� e?�f /� SG HRS.OF LABOR @ $� PER HR. $ J v PARTS $ /_ $ INSURANCE DUDUCTIBLE PAINT MATERIALS $ ? SUBLET $ BY: < This estimate is based on our inspection and does not cover additional SALES TAX $_ parts or labor which may be required after the work has been started. Atter the work has started, worn or damaged parts which are not evi- ESTIMATE TOTAL $ dent on first inspection may be diwcovered. Naturally, this estimate cannot cover such contingencies. Parts prices subject to change with- ADVANCE CHARGES $ out notice. This estimate is for immediate acceptance. n _ THIS WORK AUTHORIZED BY GRAND TOTAL $ 000035 �zi w'a e4q, Oats wool, 6946. CUSTOM AUTO PAINTING TELEPHONE 689-6117 2520 MONUMENT BOULEVARD - CONCORD, CALIFORNIA 94520 n Date /O 19� NAME (D/��%�Jy �. ADDRESS ��3(/y�'s ljl ls9Y.tx� I(TY— 1.C491R PNDNE Make v ��cc// ��..'' /Year ? I Serial No. J /i�� /�(('��/ p Prod.Date�2 Mileage��_LLLicense No.. '�->.a Style �✓ /i��O ty 51"of sZ/rance Co. REPAIR REPLACE ESTIMATE OF REPAIR LABOR HRS. PARTS SUBLET r-' Cf7 >. F - rr; y TOTAL cum o REMARKS: �/ HRS.OF LABOR @$-3-61—PER HR.E PARTS$_��'� Ab- PAINT MATERIALS$ ^V $ INSURANCE DEDUCTIBLE SUBLET$ L 1 SALES TAX$ BY: THIS ESTIMATE IS BASED ON OUR INSPECTION AND DOES NOT COVER ADDITIONAL PARTS ESTIMATE TOTAL$ OR LABOR WHICH MAY BE REQUIRED AFTER THE WORK HAS BEEN STARTED.AFTER THE ADVANCE CHARGES$ WORK HAS STARTED,WORN OR DAMAGED PARTS WHICH ARE NOT EVIDENT ON FIRST IN- SPECTION MAY BE DISCOVERED. NATURALLY, THIS ESTIMATE CANNOT COVER SUCH /- CONTINGENCIES.PARTS PRICES SUBJECTTO CHANGE WITHOUT NOTICE.THIS ESTIMATE IS GRAND TOTAL$ FOR IMMEDIATE ACCEPTANCE. THIS WORK AUTHORIZED BY 000036 - � CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT November 6, 1984 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Mike Herrell 111 Del. Valle Circle Attorney: E1 Sobrante, CA Address: Amount: Unspecified By delivery to clerk on Date Received: October 12, 1984 By mail, postmarked on October 9, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: October 12, 1984 PHIL BATCHELOR, Clerk, By fo Deputy olene Eawaras II. FROM: County Counsel TO: Clerk of the Board of Supervisors � (Check only one) ) 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. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of 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: 44- (g - PHIL BATCHELOR, Clerk, By .,(�_ `Ti , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: //-/3 PHIL BATCHELOR, Clerk, By (d_� -<�� , Deputy Clerk 100, cc: County Administrator (2) County Counsel (1) 000037 CLAIM � -,CLAIMITO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions :o Claimant A. Claims relating to causes of acti n for death or for injury to person or to personal property or 'growing crops must be presented not later than the 100th day 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. (Sec. 911. 2 , Govt. Code) 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 (or mail to P.O. Box 911, Martinez, .CA) . 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 entty, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps /1l loel ll-*/% RECEIVED Against the COUNTY OF CONTRA COSTA) or DISTRICT) 0 C T 4 ` V (Fill in name) ) PHIL BATCHELOR CLERK BOARD Op.YJPERVISC`RS � CONTRr.COSTA CC. The undersigned claimant hereby cakes claim Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------- ---------------------------- 1. When did the damaggqe or injury occur? (Give exact date and hour) --- - / - 2. Where did the-d-amage------or---in-j--ury----n occur?--------(Include--------city----and----co-unty)--------- h vo lk y ------------------------------------------ ----------------------------- 3. How did the damage or injury occur. (Give full details, use extra sheets if Air- required) Lever r�ecz br c�r-a v-o-, L Jai 7- IA-,lhaWi t e ld epF /4(y /f€3 —,e t.AiV'c-,7z 72>. v. dose lji-4 �e�J waS FIVIh7 et'-,o I-64d. � 455crK� cafF -/-/4-0—' � -- o� A«,ft�- y-= '---- ------------------------------------------- 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? YAM Pa/ld Vag ��f �G� - ,�i�� Alia fr? lley U(e� 4rr6x (Age 6, ,4 GAS li'eN4/ �o�G��t'f �u� rrz9 �t6 f2(-loc7� � yy' `ver)� 5-- ' What- are the names of county or district officers, servants or employees causing the damage- or injury?T� c,z AweG c/" �,ss.ate- o -�- C - .s, , --------------------------------- ---------------------------------------- 6 . Whatdamage 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. ) ---------------------------------------------------------•---------------- 8. Names and addresses of witnesses, doctors and hospit�.ls. ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT ************************************************************************** Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or b some person on his behalf. " Name and Address of Attorney �Ll• � / Claimant' s S at e i� /'tel A .dr�ss o 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, town, city 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. " 000039 HILLTOP FORD 3280 Auto Plaza ESTIMATE OF REPAIR • " Phone 222-4444 SHEET NO. OF/Sh RICHMOND, CALIF. 94806 Complete Service All Makes of Cars R.O. NO. Date- /41 ate ! O Car Owner '' /' r� �•� C Address �l / / u• f y ��+' / // E Phone ? -; (7._, T- 2% QS• , F' Make Ff�J Year/"7 Serial No. J. Motor No. Body Style 7 Mileage f 1 r- License No. / /1 —7 Paint No. Trim No. Insurance Co. Adjuster Phone No. File No. REPAIR REPLACE ESTIMATE OF REPAIR COST LABOR PARTS MISC. SUBLET HOURS 0- o -Lo - TOTAL '? Gi S 5`; The undersigned agrees to complete the above repairs for $ x-16- Vii, Labor $ C Of this amount the above named insured is to pay Parts $ 5-insurance deductible Misc. $ depreciation Sublet $ work not covered by insurance Sales Tax $ S �� DAMAGED or WORN parts removed from car will be junked unless owner instructs us otherwise in writing. If NEW PARTS listed herein or required are NOT available,we reserve the right to REPAIR such damaged or worn parts.where possible.the CHARGE ESTIMATE TOTAL $ for which will be made on an actual time basis at our prevailing labor rate per hour. The above is an APPROXIMATE estimate of repairs required. based on the inspection made. ADDITIONAL parts, or labor, may be required after the work has started. ADVANCE CHARGES $ which were not evident on the first inspection_SUCH ADDITIONAL LABOR AND MATERIAL WILL BE CHARGED FOR IN ADDITION TO THE ABOVE.PARTS PRICES SU CT T0-INVOICE. —� GRAND TOTAL $ 1187254 NORICK OAttOU ,4 O Q v 4 f FAST SERVICE PHONE 534-6404 CORREC INSTALLATION MACK' S AUTO GLASS CO . �t� 747 HIGH STREET, OAKLAND, CALIF. 94601 b INSURANCE REPLACEMENTS HOUSE GLASS I NAMEDATE ADDRESS AGENT LICENSE NO. CASH ❑ 1 CHARGE ❑ CUST.ORDER NO. LIST AMOUNT �-- ec< 7SI 61 on 1 If -r- opo 000041 V CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION .Claim Against the County, or District ) NOTICE TO CLAIMANT November 6, 1984 governed by the Board of Supervisors, ) The copy oft s ocunent mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: William Horsfall, II 843 Camino Ricardo Attorney: Moraga, CA 94556 Address: Via County Counsel Amount: $279.01 By delivery to clerk on October 19, 1984 Date Received: October 19, 1984 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: October 19, 1984PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) 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. 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 �. � : _ Deputy County Counsel III. FROM: Clerk of the Board TO: (11)County Counsel, (2) C unty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of 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: k� PHIL BATCHELOR, Clerk, By n_ a. , Deputy Clerk IV 61 WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: PHIL BATCHELOR, Clerk, By (� , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM 000042 `:LAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions -.:o Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day 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. (Sec. 911. 2 , Govt. Code) 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 (or mail to P.O. Box 911 , Martinez, .CA) . 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 end of this form. RE: Claim by ) Reserved for, Clerk' s filing stamps William Horsfall II ) 843 Camino Ricardo Moraga,CA 94550 RECEIVE Against the COUNTY OF CONTRA COSTA) OCT 19 84 or DISTRICT) PHIL BATCHELOR BOARD (Fill in name) ) E OJJUPERVIsots ONTRAD B PkGGGG www The undersigned claimant hereby r.lakes claim aga nst theCou�nty of Contra Costa or the above-named District in the sum of $ /Z.7� 2L and in support of this claim represents as follows: ------------------------------------------------------------------------ ] . When did the damage or injury occur? (Give exact date and hour) October 9.1984 (about 5:30 PM) --------r--------------o—r--in--j—ury------occur?------(I—nclud----e-----city---and----county-----)----- Where did the damage Parking lot at The Moraga Library. Moraga,California (St Mary's Rd) Contra Costa County ------------------------------------------------------------------- 3. How did the damage or injury occur? ( ive full details, use extra sheets if required) Parking automobile , a protruding branch of shrubs caused damage to my car. The branch is approximately an inch in diameter and low so was not evident when backing into parking place . ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Shrubs should have been cut back so as not to damage cars. This one has now been painted over because of the damage,but not cut back and still is a hazard. I informed the Librarian of this damage , and she indicated it would be done (Trimmed) . (over) 000043 5..- What are the names of county or district officers , servants or employees causing the damage or injury? The Gardener for the libraries. - -- - - ---------------------------------- ------------------- 6-.--Wh-at-damage-------or--injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Dents in the trunk of my car,and broken tail light plastic . Repair estimates attached. ----R-------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) By the repa-ir estimates. -- -------------------------------------------------------------------- 8.--Naames and addresses . of witnesses, doctors and hospitals. No witness available . The Librarian was shown the problem afterwards. ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury. , HATE _ .._._,...: ........__ ITEM AMOUNT None: ' i n- Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES T0: (Attorney) or by some person on his behalf. " Name and Address of Attorney �- /' / Claimant' 96-S ' ature (None ) 843 Camino Ri g= do Moraga, California Telephone No. _ Telephone No. 376-6496 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, town, city 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. " 000044 ol =w MODEL PAINT .. AROD.DATE.-TRIM--MILEAGE c I FILE NO, CLAIMi _ r N'o`' rau"'? Wxe t DESCRIPTION x I '-PARTS I LABOR .I ' PAINT ALL OT BMW MEmMN BMW � EN no= ImmiamME NINE! ANNE EIN � NINE i�MEEMENE M. MEEN omaE EN ENI EM BIB Poll momME Now momME mmm_ ®EmME�� mom BMW ®NW OWE MINEMEEMENIN_-Y mom m' -m ®_EM_■®®_■ M � i mmm NNW ©INSMEEMEE m� mom MEEMENIN MININNINUMBEEMIN mom E EMENIN � mmm EEMEENo� MIEN E EMENIN � MIME E! MINN__■__■nol __■__.. �lff i( I . It • r 1� • It SUN VALLEY FORD • 2285 Diamond Blvd. Phone 686-5000 CONCORD, CALIFORNIA 94520-5774 NAME_ _ ADDRESS - DATE F CAR f IJEAR_ IYP (CENSE NO� MILEAGE MOTOR NO. 5ERTAL NS ED 18T ADJUSTER I SPECTOR PHONE HOME BUSINESS Symbol FRONT Labor His. Parra Symbol LEFT Labor His. Parts Symbol RIGHT Labor Mrs. Parts Bumper Fender Fender Bumper Rail Fender Ornament Fender Ornament Bumper Brkt. Fender Shield Fender Shield Fender Mldg. Fender Mldg. Bumper Gd. Headlamp Headlamp Fri. System Headlamp Door Headlamp Door Frame Sealed Beam Sealed Beam Cross Member Cowl Cowl Door,Front Door, Front Wheel Door Lock Door Lock Hub Cap Door Hinge Door Hinge Hub&Drum Door Glass Door Glass Knuckie Vent Glass Vent Glass Knuckle Sup. Door Mldgs._ Door Midg. Lr.Cont.Arm-Shaft Door Handle - Door Handle License Frame — Brkt. Center Post Center Post Up. Cont. Arm-Shaft Door,Rear Door, Rear Shock Door Glass Door Glass Windshield Door Midg. .Door Midg. Rocker Panel Rocker Panel Tie Rod Rocker Midg. Rocker Midg. Steering Gear Sill Plate Sill Plate Steering Wheel Floor Floor Horn Ring Frame Frame Gravel Shield Dog Leg Dog Leg Park. Light Quar. Panel - Quar. Panel Grille Quar. Mldg. Quar. Midg. Qum.Glass Quar. Glass Val l a misc. Mirror REAR Inst. Panel Horn Bumper Front Seat Baffle,Side 141 Bumper Rail Front Seat Adj. Baffle, Lower Bumper Britt. Trim aff Is, Upper Bumper Gd. Headlining Lo Plate, Lr. Gravel Shield Top lock late, Up. f1swer Panel Tire Hood T FI Tube - Hood Hing Trun Lid Battery Hood Midg. Trunk txk Paint Hood Letters so ir Undercoat Ornament Tail-1.1w Polish Rad. Sup. 'Tail Pipe � "�'� -" - - _ - � Miic.Materials Red. Core Gas Tank ...AUTHORIZATION FOR REPAIRS Radio Antenna .- Frame You are hereby authorized to make the above specified Rad. Hoses Wheel repairs. Signed Fan Blade Hub b Drum Labor Hrs. s Fan Belt Back Up Lite Parts $ Water Pump Wheel Shield Paint&Materiel $ Motor License Frame—Brkt. Tax j Fan Scroud Sublet —$ A—Align N—New OH—Overhaul S—Strlighten or Repair EX—Exchange RC—Rechrome U—Used Advance Charges S This estimate is based on lowest possible cost consistent with quality work, and as such, is guaranteed, TOTAL Items not covered by this estimate or hiddenwillbe additional 43-25227 NORICK OKLAHOMA CITY - 000046 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA_ BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT November 6, 1984 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Baldwin & Howell Attorney: Thomas I'. Castle, Esq. Kincaid, Gianunzio, Caudle & Hubert Address: P.O. Box 1828 Oakland, CA 94604-0828 Amount: Unspecified By delivery to clerk on Date Received: October 17, 1984 By mail, postmarked on October 16, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: October 17, 1984 PHIL BATCHELOR, Clerk, ByDeputy U Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. �() This claim FAILS to canply 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. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. ,FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (�1 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. n ' Dated: PHIL BATCHELOR, Clerk, By �! LQ_ '7�-e�-� , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: J/-/ P5/ PHIL BATCHELOR. Clerk, By 25-x , Deputy Clerk cc: County Administrator (2) County Counsel (1) 0 0 00 4'7 CLAIM RECEIVED VERIFIED CLAIM FOR DAMAGES OCT 11 a4 To: COUNTY OF CONTRA COSTAPHILBAfct4E:O! OR!,p.!io O.IUPC+•/15CR; c/o Clerk, Board of Supervisors 651 Pine Street Martinez , California 94553 Claimant: BALDWIN & HOWELL, INC. , a California Corporation. BALDWIN & HOWELL, a California corporation, hereby makes a claim against the above-stated public entity pursuant to Section 910 of the California Government Code: 1. The name and post-office address of claimant is BALDWIN & HOWELL Suite 500 735 Market Street San Francisco, California 94103 2. Notices concerning this claim should be sent to THOMAS F. CASTLE, ESQ. Kincaid, Gianunzio, Caudle & Hubert 200 Webster Street, Second Floor P. 0. Box 1828 Oakland, California 94604-0828 3. This claim is for indemnification with respect to the damages and equitable relief claimed by plaintiff Saint Timothy Lutheran Church in the following Contra Costa County Superior Court suit: SAINT TIMOTHY LUTHERAN CHURCH vs. PHILLIP EYRING, . JOHN HALLENBECK, JOHN DOE McKAY, JOHN DOE HASSENFLUG, LELAND CUNNINGHAM, AL HOPKINS, BALDWIN & HOWELL, INC. , CITY OF SAN PABLO, SAN PABLO REDEVELOPMENT AGENCY, COUNTY OF CONTRA COSTA, DOES ONE through SEVENTY, inclusive; Case No. 261.494 filed July 11, 1984 and purportedly served on Baldwin & Howell on or about August 25, 1984. The said suit is for damages and equitable relief as a result of landslide and flooding onto the property of the plaintiffs located at 3390 San Pablo Dam Road, San Pablo, California. 4. The circumstances .giving rise to. this claim are as follows: If the plaintiff in the said lawsuit prevails against claimant, it will only be because of the above-stated public 000048 entity' s fault and neglect in having failed to maintain its pro- perty in a reasonably safe manner, having created a nuisance, and having to failed to properly perform its discretionary and mandatory duties . 5. Claimant' s claim as of this date is for indemnifi- cation with respect to any amounts or relief awarded to plain- tiff in the said lawsuit, including claimant' s attorneys' fees, expenses, and costs in defending against this said lawsuit. Case No. 261494 asks for general damages in an unspecified amount, engineering fees , attorneys'. fees and costs of suit against Baldwin & Howell and other entities. 6. The names of the public employees causing plain- tiff' s damages are not known at this time. A copy of said complaint is attached hereto. I am informed and believe, and thereupon allege under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed at Oakland, California, on October 15 , 1984 . THOMAS F. CASTLE, Attorneys for Claimant BALDWIN & HOWELL, INC. 000049 V PROOF OF SERVICE BY MAIL - CCP 1013a, 2015.5 1 I declare that: 2 I am�; €msftx2rN employed in)the county of ALAMEDA California. ICOUNTY WHERE MAILING OCCURREDI 3 1 am over the age of eighteen years and not a party of the within entitled cause; my (business/f0a+•t*Zfe)address is: 4 200 Webster Street, Suite 200 , Oakland, California 94607-3789 5 On. OCTOBER 16 . 1984 1 served the attached V .RTF'TRD LATM FO IDATEI 6 7 DAMAGES - on the COUNTY DE CONTRA COSTA 8 in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the 9 United States mail at OAKLAND, CALIFORNIA addressed as follows: 10 COUNTY OF CONTRA COSTA 11 c/o Clerk, Board of Supervisors 651 Pine Street 12 Martinez, California 94553 13 14 15 16 17 18 19 20 21 22 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that 23 this declaration was executed on 24 ,OCI)`OOBER 16 , 1984 at OAKLAND IDATEI �� IP LAC EI California. 25 JAYNE E. STARKS 26 : . . (TYPE OR PRINT NAME) 61G N,{TURE BARON PRESS FORM NO 22 0 0 0 0) REV AUGUST 1991 CLAIN BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT November 6, 1984 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all�"Wargings" Claimant: William Everett Kite un�tYY use( Attorney: Dean L. Flint, Esq. OCT 5 1984 Law Offices of Alton M. Chambliss Address: 100 Pine Street, Suite 950 Martinez, CA 94553 San Francisco, CA 94111 Amount: Unspecified By delivery to clerk on Date Received: October 4, 1984 By mail, postmarked on October 3, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: October 4, 1.984 PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (� ) 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. 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: c By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1 County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of 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 t is date. Dated: PHIL BATCHELOR, Clerk, By — ail - , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to .apply for leave to present a late claim was mailed to claimant. /} DATED: PHIL BATCHELOR, Clerk, By (� '��, Deputy Clerk cc: County Administrator (2) County Counsel (1) 00005, CLAIM RECEIVED OCT &t 1994 NCTICE OE' CLAIM AGAINST COUNTY OF CONTRA COSTA PHIL 1AT/HA10-C'M/tOR o U?Peawboes A PUBLIC ENTITY cr• (Consisting of: 4 pages, including Declaration of Mailing ) WILLIAM EVERETT KITE , an individual , (hereafter "Claimant") herewith presents a claim against the above-named and described public entity (hereafter "Public Entity") ; said claim is in an amount not yet determined, and is a claim for indemnity for any damages suffered by Claimant should Claimant be found liable to plaintiff (s ) in the pending action of : THOMAS P . Di.MAGGIO and JOYCE R. DiMAGGIO v . WILLIAM EVERETT KITLI, et al. . , and DOES 1 through 20 , inclusive. Case Number : 257997 , filed in Superior Court of California, County of: Contra Costa. CLAIMANT' S ADDRESS: ADDRESS FOR NOTICES: 3811 La Miranda Dean L . Flint, Esq. Pittsburg, CA 94565 LAW OFFICES OF ALTON M. CHAMBLISS 100 Pine St. , Suite 950 San Francisco, CA 94111 PLACE OF OCCURRENCE: Intersection of Crestview Drive and Hillsdale Drive, Pittsburg, California DATE OF OCCUP.RENCE: June 7 , 1983 CIRCUMSTANCES) OF OCCURRENCE: On June 7 , 1983 at the intersection of Crestview Drive and Hillsdale Drive in Pittsburg, California, plaintiff THOMAS PATI:ICK DiMACGIO , 3106 San Juan Court, Antioch, California, was driving a motorcycle south on Crestview Drive in Pittsburg, California . Said plaintiff , due to negligence in the supervision, maintenance, and design, construction, and landscaping of the said intersection and the said private pr.opert:ies at and adjacent to the northwest corner of said intersection including a fence and a large sloping mound of dirt:, each of which ran parallel. to Crestview Drive, negligently created an obstruction to the vision of both drivers involved in the said accident, which was a proximate cause of the said accident. Claimant was making a left turn (rnm ea::>tbound on Iti.11.sdale Drive to northbound on Crestview Drive when his vehicle was struck by the said motorcycle as a proximate result of thedangerous and defective design of the 1 000052 intersection and of the negligence alleged above , which created an obstruction to vision of both- drivers . The accident was caused by the lack of visibility at the intersection as well as the negligence of plaintiff, THOMAS PATRICK DiMAGCIO , and the alleged negligence of other entities as described in DiMAGGIO' S said Complaint, which is attached hereto and incorporated herein solely for purposes of reference. Plaintiff, THOMAS PATRICK DiMAGGIO, sustained alleged . personal. injuries consisting of a broken leg, broken arm, cut lip, missing teeth , other facial injuries, and ruptured spleen. Plaintiff, JOYCE R. DiMAGGIO , the wife of THOMAS P. DiMAGGIO, was riding on the said motorcycle as a passenger at the time of the collision and also sustained personal Injuries. These allegedly consisted of a broken pelvis, broken jaw,- broken leg, and other injuries. Due to the said injuries to both plaintiffs, they have allegedly incurred both special and general. damages,, including wage loss , hospital and medical. expenses, property damage, loss of use of property , general. damage, loss of earning capacity , and permanent disfigurement. The amounts of these damages have yet to be determined. NAME ( S) OF PUBLIC EMPLOYEE( S) CAUSING INJURY , DAMAGE, OR LOSS : Unknown. Pursuant to Government Code Section 901 , this form is Ei. led within 100 days of the date Claimant was served with the Complaint, giving rise to Claimant 's claim for indemnity., said accrual date being September 12 , 1984 . A Declaration of Mailing :is aLL-ached. SIGNED ON BEHALF OF- CLAIMANT: BY : eA / DEKN L . FLINT One of Claimant ' s Attorneys 2 000053 ACKNOWLEDGEMENT OF RECEIPT Receipt of the above claim is hereby acknowledged this day of , 198 (Signature) (Title) Original , 3 Copies, and Postage ,Paid Self-Addressed Envelope enclosed for Acknowledgement of Receipt. r 3 000054 AiIOrUJ@Y•Uli PAI;1Y 1V1711(JUf AI rORNL,' (1Ji,,.�l�'I45 ADDHCSS). '— i[LLPH�)I�G:� FOIi COUI;r USC- iifll.'i .JUN 'TJ . TONSING , ESQ . ( i :t5 ) 820-51. 5 TONSING & IIEIMANN , A Proles;:; ional CorlaoraLion �t ( (1 (I 315 Diablo Road , Suite 22:? La [J L Danvillo , California 9'152 ti !� _� ! ATTORNF.Y FOR(NAME): THOMAS P . D.iMAGGIO and JOYCE R. DiMAGGIO APR - � 1984 SUPERIOR COURT OF CAL.IFORWIA, COUNTY OF CONTRA COSTA J.R. Oi..`, 7 2 `i Court Strout CONTH;, I' . 0 . Box 9 1 l Martihe•r- , Cali. forn1,a 94553 'i.AIrd71FF: THOMAS P . DiMAGGIO and JOYCE R. DiMAGGIO I [I"ENDANT. WILLIAM L.V2—.,'P`I' IC I':CL , an individu�a.l , RAYMOND M. IIAPd[JO I , ar; nd...... )IIUMA" 1R. HANNON , an individual , ORLANDO CARTIER,R, an indivi.du2i1 , 'ALVCP"F .'1' . :Ai2'1'ER, cll1 ifldividl,W-11 , CONTRPl COS'l'P, COUiQITY , it PUBLIC Fi'NTITY , '1'11E C.1:TY OF PIT'VSBURG A PU31.,IC ENTITY ALBERT D . S2ENO f'oN 'I'RUC'P.]:ON CO . , A LIMITED PAR'.I'NL'RSH1P , and DOLTS 1 1:0 100 . OAStC rJur:+tiGR :OMPLAINT—Personal Injury, Property Damage, Wrongful Death 1 MOTOR VEHICLE E'.7]OTHER (specify): Premises Liabi].i tvj (7nl)roperty Damage �. -� Wrongful Death 2 5 '7 '� f} ;iPersonal Injury I.._1 Other Damages (specify): 1. This pleading, includinc) allachrrients and exhibits, consists of the following number of pages: _.._ ....... 2, a. Each plainIM named above is a competent adult Except plaintiff (nanJe): =,I corporation qualified to do business in California (' an unincorporated entity(doscrio). Imo_)a public entity (describe): =a minor an adul( for whorn a guardian of conservator of the estate or a guardian ad lilem has bi;en appointed other(specify) other (spe(,ify): [,] Lxcepl plaintiff (naine). (_]a corporation qualified to do business in California (—]all unincorporalud entity (duscribn): [_]a public wi lily (doscribu). (-_]a minor = nn adult [� for whom a guardian or conservator of the estate or a guardian ad Iilern has been appointed (.� other (suocify): (�]other (specify): Plaintiff (name): is doing business under the fictitious name of (specify): and has complied with the fictitious business nano laws, j 0000551 Information about additional plaintiffs who are not compolant adults is shown in Complairlf— Altachmem 2c---- (Continued) Form Approvod by the Juthual Council ofia Elle Cllva January 1 1, COMPLAINT—Peruonal Injury, Property Damage, , 1062IpUZ Huto e02.ln) Wrongful Dooth cC1 4a-, :: — - -------- --------- ..._..-....... - -..--- .. - - —.._.. .__._....._-- -------- ----- HURT TITLE.. CA:>r.r:u0', C UiMAGGIO v . KITL' 1— ----- --— --- -- _ --------------------- '= ------ .._....._........_._. --- COMPLAINT—Personal Injury, Properly Mintage, Wrongful Death Page two 1 a. Each defendant named above is a n;(tural {;crsun r{ Except delem,)ant (narnu): (_Z_i Except delenuant (nalno), CONTRA COSTA COUNTY ALl",ERT P . S'EENO CONSTRUCTION CO [_1 a business I:nyonuawn" loan unknown `.�._.; a Uusines; or,anlz;lUon. loan unknown a corpor::tlon (_-_-j a corporation an unincorpomleci entity (describe). (_. an unincorf)Ornled entity(describi): j a puUlic entity (duscribu). i.....J 't public r:nUly (rfesCrrbu): ( {-_J other (speciry) COUNTY } . other(spocify): LIRITED PARTNERSHIP f Y] Except defendant (name). [_.) Except defendant (name): CITY OF PITTSBURG a bUSIf1c5S Oryani;:atiOn, form i:nknuwn a t:uslness Organlr.alion, lona unknown (._ a corporation __ , rorpuiatton —�' illi llnIIlCOrper'a If?d eintity t(fCSCrIb I;): _- :111 UfIJn(-.Orp Orate,) en!&/ ..J 1.{.� ,a public cnlity(UesCnb U,): CITY . _j a public entity ulhcr ( pei;ify), ;other Apucdy) t) The true names and capUr:Ilies of delendams sural as Does are unknown to plainUlf C.. 111loimalion about additional delendants who are not natural p�r;Cns i5 contained In Connplamt-- Allacl;menl ac, o ,--��] t>;fend;ulls who are joined pLirsuanj to Code of Civil Pmcudure section :A2 are ;'r,anlesl: I Plaimill i5 ruquired to comply with a Claims statute, and a. PRIg plaii-ndl has compned ',vith applicable Claims slatu;as, or t). f._-_j pian'(( i:; excused fro"i complying because (spectly): ti. This court 15 lh,7 proper court b0(,'aU5C7 „! at IC;i!;l one de((Jndanl now reside;; in 11:; jurisdictional area. i.._.j Ihu pnnclpal plant: ul Uus"wss of a corporation or unlncorpolaled aS50cmtien in In Its jurisdic UOnal area, . to Of Son or dai ( '% p +;lye to pur:;onal ;:rgpurly ix;curred in 115 lurisdietlnnal area. ti I. ...t T c lollov:Irtr _._.� l ) PA1+turd{)h:; OI (his complaint arc allaged an inli)rmatiun and belief (specify paragraph numbers): (Continued) 000056 Payelwo { -------------- ;NOf1T TITLE: C,n°,E 141.)MOln IDiMAGGIO V . KITE COMPLAINT-Personal Injuiy, Property Damage, Wrongful Death (Continued) Page m cc 7. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are (�] listed in COmplainl--Alt:K;hnterlt 7 nits follows: [}. PlaimillS IUIVc9 SL1fi:E31(c'd LX] wage loss [ loss of use of properly C� hospital arid medical expenses general damage [X] property damage loss of earning Capacity f= ] otheruan,ag (cpecrly) pe.l:mLlnenL- disfiguremenL 9 Relief sought in this Colnp!aini is within lite jurisdiction Of Ihls Courl. 10, PLAIN'IIPF PnAYS I-Of ludgment for costs of suit, for such relief as Is tim, just, and equitable. and for [:C] cornperlsa(ory damagra (Sup(0rior Court) accor0uig to pmol [ ) (MunlClpal and Justice Court) in the W11Our11 of 5___..._....._.._.._.__._�__.�__,_.. (�_] other (speCily): . 11, The loflowiny causes of action aro attached and Inc statements above apply to each. (Each complaint must have one or more Causes of action aftachoo,) Molor Vehicle Goneral (vegligence [_) Inton(ionai Tort [_] PrOdUCIS Liability ( _) Premise; (_i:bilily Other (specify): r/- JUN (»It�G y/ (Typc or prini name) - `—__-- // „(Sip nulura UI Alai dl or allow ay COMPLAINT--Personal Injury, Property Damage, (� ryPopolnrer nrllevn2.tn>(conral Wrongful Death (COWInuod) ®005 6cr 425.12 . SIiT.TITLE' — ------ CASE NUKIBen C)(1 LiMAGG1:0 F RS �'__-_______..__•-__-- CAUSE OF ACTION—Motor Vehicle (numUor) ATTACHMENT TO L:\DCumpleinl E_]Cross-Go ill ploinl (u:,-(j a soparalo cause of ac(iun lorm for oath causo of action,) hl,linlill (Immu): 1'l1QMhS 1' . D:it1✓1(";G70 anc1 JOYCE R. DJ.Iti1AI';(JT0 MIJ-1 . plainllllSallugc Iho acts of efelandnnls were negligent. the ncl: 'ecru the Ieyal (pro:urTI;lte) c;nicu of u;jurius and d;unngr_s to plainliff: the acls occurred o(I (daru). 6 /7 /(33 al (pfaca): '1'11:: i:ltersection of Crestview Drive and Itillsdal.e. Dr. ivc in the City of Pittsburg , County of Contra Costa , California . t.iV-2. DEFENDr'.NIS The dclondanls who oper,:led a motor ve,licle are(nano>s, to ...1.0._...__. 11. i. .J The dc.Iendanis who employed the persons who operaled a motor vehicle in Nil! course of (heir c:,n;J,oyvlien: are (ru,rnv l: c. , ;.j] 11,e dolendanls who owned the motor vehicle which v:as oper;lled with their pc!tmissior. are ;'namos): to d. Thu <,olondanls who ontruslecl the motor vehicle aro (names): Door ._.__. _•__.... Io ..... e', e., ( _] Thu rlelondams who were 11)0 190nis and employees 01 the other dofOrldanls and acted within the scope, of the ayurlcy w(tr 1, [_ ] Thi: dclendanls who ale 11,11;10 to plaintills for other masuns and IIIc rnal"olls for the liahilily art: listed ;it Ailachineot NIV-a'1 (_7 as lollows: 0©©058 Deos .-__.._._ to Finae ApproveO by Itlt J'ahr.utl coun[d U!C'01101n13 •' r.lie;ClrvC.,ativaly 1, 11102 nule aoz u., CAUSE OF TACTION--Motor Vehicle ccr .l:s lz 1A-IJ ------------ vs . -10PA-Promises Liability CAUSE OF AM Page ._-= --__-- (nmnuoo ATT A C I IML-,ti r To Complaint Cro:;,>oComplaini (Use a �Upaadu cause of Won looll to( oath callso o/action.) Plorn.A.-1. I'lainlill (narm'): TI10MAS) 1? - DiMAGG10 and J 0'(C;3 R - 1) i !;1/\(;(!T0 zMegus the ;IM; of JuI(--mJonI:; weic? H)v Jogal (plo:omalu) caw>e of ffam,lqes Io pJamliff, On (date): 6/7/8plamliff vi;IF, injuwd on Hie followinq prelll1-s(.:t;; in Hie 1011oviinQ f3i;lliun (description o(pirlinkus and chmmul cov; of"iluty) 11 1.11:1.11 t i IT 1' J.11 j Ll r e d a t I:h intefr-,,;ection of Crestview Drive. and Hillsdale Drive in the City of P i L tsb U r(j , County o[ Contra Costa , California when the motorcycle they.. were riding col.l.idecl with a truck driven by defendant KITE . Plaintiff,s worc! Lravc�.ling southbound on Crestview Drive and Defendant KITE, was pull-: out from llillsdalc Drive , preparing to make a left: turn onto northbound Crestview Drive . Plaintiffs ' vision of the intersection and Defendant NITE ' s sight towal.-C] plaintiff ' s position was obscured by a fence and a larCj(: 3310D.111(j 1110LI11cl oJ.' ialrt , each of which run to Drd, This ohstru(--tion waS a clirect and proximate callse of tho coLl-ision and resul-ted in injuryand dai-iiagc to plaintiffs . P wm,L-2. J", Count One—NUUNUUnce I"tio, Who nc:jl;qelflly ownod' nl;a?llaulcd. a "..1" tagc.-d ".iiij opol"I!ed KIN I the des(.ribed pronlisou woru (name j RANNAONE) M . HANNON , DIMMA R- HANNON , ORLANDO ALVITRA T . CARTr-.R, ALDILRT D . SEENO CONSTRIJJC'-" ION C() . , CON"PRA COSILIA COUMPY , CITY OP PITTS130RC1 . (See aktachilic'.11L 'pl:e . I o ...... Prem.L-3. Count Two-MMI Failure to Warn IC&H Code section 8461 The aefendant ownum wild MAY or makiousy lailod to yunK or Warn against a dangerous condwon, u,,a:, suuccturu, of activity Were �o usul, was JjTjan invilod ritw!,t L. payiog Pt cm L-1, Co int Throo--UangLIGUS Condition of Public Propurty -1he defendants who Owned pLJ1.)I1C Property on Which a dalu)OIQU!; condition oxist(��(j viefe, (names). CONTRA COS'T'A COUN'PY , CITY OF I?]:a'a'S 10 U R G Ooc:; to _.£39. a. The dcland;M public:" MY had -' "C0l1SI(L1(AiV0 n0lik;0 01 1110 CXI�ACMCO Of the dally)WOU:; condition in :a1flicient lime prior to 11)(-" injury 10 have L:0ll0Cj0(J it, -1he cofiLlf(iml kva; croaOld by eraployo("!; (A Ole (jetund"1111 public orality. about Other DelundanS The defundAms who weld; Pho and wilplo"'t"ns of Ow 0111(2r d0l('udanhl and acted wiHdn the scope 01 the agency %N010(namus): Docs .. ._90_ .... to I). -ho deh'mjanls Mic) are Hamu to Iyahimis for cim "alsons mut Hie reasons for Hick HaNkly are CIOSC[ibedl in rillachlocM Piml-Th [Ijas Mows (nJIMA: 000059 .............. ............ ......... l:oF111Appf0Vt:U 0Y (ho (-.*Ai Ic;F Dj.MAG(.;T0 v. KITE, CASE NO . NUTAUIMENT PPF,M . L- 2b I At all times mentioned, the promises at .302 Hillsdale 5 Drive , California were owned by I Ind under the .control. (i ancl iiv.inagemont of defendants RAYMOND M . HANINON4 , DHUMA R ., HANN1,0114, 'and DOF; SJ. tc)' 55 co: crrcd to as "Llie 302 Hillsdale Drive, is situated ,on the I I AN NON d ef on d- L-1 t s �j uorrie.-C- Of Crestview Drive and Drive in the C .Ity oJ- . 10 Pittsburg , County of Contra Costa , California. 11 2 . At: all times mentioned, the premises at 3790 19 Crestview Drive, Pittsburg , California were owned by and under the control and ity.inagement of dc;if endants ORLANDO CARTER, A 1,V!'I,'R A T . CAR' EIR and DOES 56 to 60 (hereinafter collectively referred to lui as "the CARTER defendants " ) . 3798 Crestview Drive is situated ,, adjacent to the property described as 302 Hillsdale Drive . 3798 C L-e(-,,v i cw 1) 1:i v 0 is .Located' in t I I e City 0 f Pi.L t s bu r y' County of Ccmt- i.,zi Cc--; tn, California. 3 Def end,--int,-:; ALBF: `PD . SE NO CONS'I'RU('rI()NI CO - and DOES 2() (-)1- to 80 (ii(:2rcinlaf ter collectively referred LO as "SEF."NW' ) desicjned, cc11structt3d, and zit-.. one time cywnod -thC? Ly 11ixi (I e,3 Cribe -I as 302 Hillsdale Drive and 37913 Crestview 2,1 Drive in tlne city of Pittsburg, County of Contra Costa, 24 C,a.]J-f'o l:ni a 25 4 The HANNON defendants and the CARTPR defendant:; were 26 nc--,q.IicjenL .in the management, czll"O, SLIj?CrViSic)n, maintenance, and 21 control of their real property and the improvements thereon in., 28 that the fence and the sloping ground on the Crestview Drive: side , 000060 1) im an i o. C HP 230 .1 of their property unsafely ,ely , negligently , and dangerously obscured 2- the v i ew of Lho i lite rSecti on of Chatsworth Driv(2 and Crestview Di:ive front trav(_- I.ilIq on Crostvi. cw Drive and Chatsworth rj Drive . The c(D.L .Lission between I?lctiiitiffs cine] the vehicle driven 5 by defuiidant. K )"].'E, occurred as a direct and proxiiiv.ite result of G the ObSt3:'UCti()II of Plalirjt.i.ffS Vi:3.i011. S . Def(?ndant SEENO negligently constructed, landscaped, 8 and designed the property naw described as 302 Hillsdale Drive., a i i L-1 3798 Cro!3tviuvi Drive such that plairitifl-.3 ' vision of 10 intersection an d defendant KITE' S line of sight t C-4v ar d iI pla i rit if f 's position i t i on w cis obs cu re d by a .fence and a la r(je s lop i 11 9 12 1 1 � mound of dirt, e;-.ich of which rL11-1 Pa ]:'a ]. I.Ci to Cres'tviev,, Drive. 131 obstruction was a direct and proxinkite cause of the I'] Collission and I. osultcd in injury and damage to plaintiffs. 15 6 , D,:-,fon(lants CONTRA COSTA COUNTY and CITY OF PITTSBURG I ar. e public entitie-01 charged with the duty of supt�rv.Ls .i.11g, n-zilitaining, and upprovi'ng the design of public roach..,ays %.J.41 t1i in Lheir bOlindaries . Defendants CONTRA CX)STA COUNTY and CITY OF PITTSBURG arc also public entities Whicil are cha.L-Cje(.'l with the 20 di-ity of preventing and prohibiting CC)I-IStI.-U(.'tiOlI, design, arid 21 LAIICISC31?ill<j WhiCll 1.11ii-casonably zind urisafely obstructs the vision of driver-S Orl pUI-.)IiC 7 . DeEczidarits ' ConLra CO.Stcl County alld City of Pittsburg 9A bro'l (liod the afol.'emel'itioned duties by allo4ing the COLIStrUCtiOn 25 and contimied existence of the sloping ground and fence which , is, 126 parallel to Crestview Drive . As a result of this breach, 9" -1 pl'-Ailitiffs ' Vision of the intersL-'?cti('.)n and defendant KITE" S litre 2�S 1) 1,M a g gi o. CML' 2 30 .1 -7- 000061 Ole of Night toward p la int if f s3 pOS i t.i.(-)rl V)Z13 Oi)L; CIA 1:0 d by a fence and a large sloping mound of dirt, cach of which run parallel to til re!,; Lvi cvw 1.) 1:i Ve T hi:3 01")s tri I(It iol I a d i r.e ct and p roxi 11la t e 4 cause, of thu collissiun and resuitod ill 1' 11JUL'y and dalloge to 5 pla int if 17s . G At all times mentioned, Oefenctmtsl and each of thein, I I a d, or in the exercise of due, care should have had kncyiledge of ii the dangoron:-; condition created by the Ccncc and gr. ound, ,,.,hich obscures the intersection at Crestview Drive and Hillsdale Drive. 10 11 1.1 1G • 17.i� 90 221 ,)J 24 96! ,,7 28 000062 uui,rtagcli. CMP 23P .I. 1, --8-- 1 1 ( PROOF. OF SLRVICL BY ',MAIL CCP 1013x , 2015 : 5) 1 2 I , DONNA ALBERTSON , hereby certify that-. I am a citizen of: the 3 United States, over the age of eighteen (18) years, and not a 4 party to the within action; my business address is 100 ' Pine 5 Street, Suite 950 , San Francisco, California , 94111 . 1 served a 6 true copy of : 7 NOTICE OF CLAIM AGAINST COUNTY OF CONTRA COSTA A PUBLIC ENTITY 8 by placing same in an envelope, sealing , fully prepaying postage 10 11 thereon, and depositing said envelope in the U . S . Mail at San Francisco , California on the 3rd day of October , 1 12 - 1984 . Said envelope was addressed as follows; and 'certify under 13 14 penalty of perjury that the foregoing is true and correct : 15 Board of Supervisors COUNTY OF CONTRA COSTA 16 651 Pine Street 17 Martinez , CA 94553 18 19 20 21 22 23 24 25 DECLARANT: DONNA�ALBERTSON — �- 26 DiMaga;Lq_vLt_ Kite, et�al. LA 4N OI'f lC liO . :x,�Pt,x,xxxaxx IIIV 1'IN 1; 'i I'I(L4'I' VN PH AN CIGCO 04111 u iuuzuo 000063 MW . P 24 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) BICE Tp CLAIMANT November 6, 1984 governed by the Board of Supervisors, ) The copy of this ocument mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: George Landefeld 10527 Palms Blvd. , Apt. 101 Attorney: Los Angeles, CA 90034 Address: Hand-Carried by CAO Amount: $118.52 By delivery to clerk on October 16, 1984 Date Received: October 16, 1984 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, y� Dated: October 16, 1984 PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) 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. 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: a Deputy County Counsel III. FROM: Clerk of the Board TO: ( ) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: //-(� -�� PHIL BATCHQAR, Clerk, By �%• s Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: //-/3-PV PHIL BATCHELOR, Clerk, By S,L..l1�• `�7� , Deputy Clerk cc: County Administrator (2) County Counsel (1) 000064 CLAIM 1 CILAIM TU-:� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions -�o Claimant A. Claims gelatin to causes of action for death or for injury to g J Y person or to personal property or growing crops must be presented not later than the 100th day 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. (Sec. 911. 2, Govt. Code) 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 (or mail to P.O. Box 911, Martinez, CA) • 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 end of this form. RE: Claim by ) Reserved forycCl is �Ziling stamps _. RECEIVED Against the COUNTY OF CONTRA COSTA) OCT ib 1984 or DISTRICT) PHIL 6ATCHEIoe 2K IOARD O UPE¢ 025 (Fill in name) ) ONTRA ACo. B . The undersigned claimant hereby r.iakes claim against the County of Contra Costa or the above-named District in the sum of $ g , S Z and in support of this claim represents as follows: ----------------------------------------------------- ------------------ d 1. When did the amage or injury occur? (Give exact date and hour) 0A io/� i t pprox/Mg4ty y q . M . ---------- ---------o-r--in--j--ury-----occur?-----------(Include- -cit and------------county)----- 2. Where did the damage � V1 l4 ecf� Q _pf_ ��n� VaL�c _�/' 3. How did the damage or injury occur? (Gide full details, use extra sheets if required) I was div .:-,y dowl SiDe,� Wit- a�, _Wkq my A I-C'/ ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? A u� /epa ��eo( �� l,Q1e - 3 F�e� deer, was a E LU oaf q"?/Y � y spy /)s or cP �C_� I �5 . p 00006ov5 er) 5. ' What are the names of county or district officers , servants or eniployees causing the damage or injury? --------� '�}�"-_ D Ot - `S -------------------- ----------------------- 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. ) ule t F, to( Oer bCC au s _ufecl_4�,�C�pJ �� 8IVames and addresses of witnesses�e , /doctors and hos itals. o P �,� S Mi kL T l VQS1o, S 0 A A/no G le �"�� i peri ✓ i 11 -/ (f 01 k 9. List the exp-end---- it-ures-----------made---on---------account---of---this--------accident-----or--------- you injury: ITEM AMOUNT /�/l1 �o✓�t 4 npw i '� 7. S'O new why e � limn Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney Claimant' Signature ° /0 L7 S gjilcA 4 / A dre s 1 oS nae�� Telephone No. _ Telephone No. h Z 7Li 2 ' O/Y 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, town, city 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. " 000066 �IfA zMENT DP CALIFORNIA KIONWAY PATROL _ TiZFLC COLLISION REPORT—Property Damage Only original to officer;copy(les) to tnuotued party(tes) /jr�A��CI,.L C�Oq.eIT IONS N B[ w CITY l DIC IAL O�g,T HUMBER PORTING DISTRICT ' "^T Cai,LISAON occuwwQo oN}I�L� l� /.. ol��y� INTER{BCTIO`NVWIITN _ `-� �Is /l _ooEN OBV E{AJv�N'•yJ0 ❑w.YB{TS W'L1YOn RELATED 'J_`BrB+y"i�iS^Y� IEQT MILQf OF �/ 'T �oLe.��/'I..rN E�U9=�R fK CN PARTY ^ ZW' V� el DR VhR A ORB{f CITY P CO Q ` ( k 427-r'A�►�S ` /o� erres,rrj C ,� .^ (�y�tL / NORTH PO. pwlY f✓BQGA BlwygewT 1 (r CG✓J( � C�� FKp VaN VCN{If/ Iff YR MeyAKK/-E/MM OOOEL L/C!!SU NYMHlR BICYC. COLOR DIRECTION OF O RO{f STRQET O NIONWAY �Y - TRAVE OTHER VQNICRQMOVIOI" PARTY "AMC PIRST.MIDDLE,LAST PHONE NUMBER ORIV ER ADDRESS CITY ZIP COO! NARRATIVE Pffo. DRIVERS LICENSE "UMBER STATE BIRTH OwTQ BtX � Z, " ❑ PRO VEN VEHICLE VR MAKE/MODELLICENSE NUMBER STATE SCBLLwNBOUf 'BICYC. COLOR DIRECTION OF ON/ACROSS STREET OR NIONWAY O TRAVEL . - OTHER VEHICLE DAMAGE REMOVED TO hIPOwTI . O - AGa .Bx NAME ADDRESS PHONE NUMBER PARTY NO. f ❑ Q ❑ ApE f!% NAME ADDRESS PHONE NUMBER PARTY NO. ie ❑ ❑ PROP, NAMQ ADDRESS DAMAGED INOPERTV owNEw - - IMPORTANT — READ CAREFULLY Keep this report. This is your record of this accident. To comply with.California Vehicle Code Section 20002 (duty where property damaged), you must either: a. . Give the owner or person in charge of such property the name and address of the driver and owner of the vehicle; or in the absence of the owner, b. Leave a Written notice in a conspicuous place on the other vehicle or damaged property, giving the name and address of the driver and owner of the vehicle involved and a statement of the circumstances. This information is necessary for the completion of your State SR-1.Report.and Insurance Report. VEHICLE CODE SECTION 16000 The driver of a vehicle involved in an accident resulting in damage to the property of any ONE party in excess of the . amount stated in V. C. 16000 or in the injury or death of any person MUST submit a State Injury or.Damage Report, Form SR-1 to the California Department of Motor Vehicles within 15 days. Note: Failure to comply may result in suspension of your driver's license.' Form SR-1 may be obtained from the Department of Motor Vehicles, the California Highway Patrol,:any police station, motor vehicle club, or insurance agent. If City or State property is damaged, you will be contacted regarding possible liability. 000067 ti__._. _ ... . . .�'��.:i .__.. _ti ..�._...:'-:�'11i_�—._.:.\l'.�p�l-C Yit1..,.-r1<l.ax.�v'.J..�w.�w:✓.e'r....�...i�.[ �,ro.+._Ri�.. ��.�...i...e1-.�_�._./. . �001>t v�.w.r . . .. .. � •SIR� AOf�!� �/�i�Liv 1�1 .Y. r�w 'n w yr iDr �_ri 1 IV AZ4tr C'l►/ 1 nee Z-oQ Q '40 ;X le A dk 1004 1 Q wa A401 fr,, rn k w a c( Se F �" •f// tG+r1 �' e. r An le a O f fi .. ..... __ __ _. .. ....... .. -{. ♦—...._ .tip.- ._..-. .-...- ... .. - _..�..- ......:.. .. . - _ nnrtti dower cel� r. �.c Sto4Q VGIIe�, P/ � --- - h ; C, o r c OL Vz(/k y 0/ LA./ � I c C-t Li s a riL , � 4+ LGNv� �c-G CA Cj�S z-6 000069 ..�. ,1 'a'-.. "'." qt :- ' 6iil: t;L.a uci �t gtE'LT 1?:,T !.'•`.i ESa. c:: }z.'Y{$2 '�CF"•.�) tTsii' estimate -Report,:rrnv • s ,u.,tl3°4°� za! ? . fo !tt 1? « sL.e4�'26294 NAME 'G '� DATE `BUS:'PNON ADDRESS _.. - -'___^ i?, 'r i._..__-� FS_1f+:`; ::C.?.S:'"..; j1(:'la Sy :S'G�'::b•../ YEAR MAKMODEL - �`��' - •,LD.NO. A _ PAINT COD -~-- _• - D.,DATE TRIM EAGE LICENSE NO WRITTEN B S ..- FILE NO. CLAIM NO. P O.N0. ' !z. ADJUSTE _ .LIC.NO ` 'PHONE' D•duct3k/BensrmentT Line Re. Re No. pair Ipjace I DESCRIPTION OF DAMAGE PARTS LABOR PAINT ALL OTHER o-"-. : A wri.�> S 133Q it'L� ,2 3 _ __ .. _..._. . _ _ c*, h .:'Y,} q` yrs ry'ef 7 9 - s X12: r,./."q Rw t£L�9ri{)9' i'7a1a.AClYH1t94t914 Ta 1]J'iG^ Ay 1h^�S:"f`nm u r ttti JlIliCC1'"RHl2 Ali rlmm+.�. _ r .A.-fst?ii v`•t1: � �M} ' 'rt4t r t. t`: `� +' 13 } r ;rv4 t4 3 *R7it#} 15 116. ' f'�-"-. r 9 1 - _ 3� t." 'o-ws n:i<1.''.et•!aT.n� . lean: •o zw, r/s.,+ 17 :•s Y J1.2tf tlr r, fit c�ttS7"'{i dal xtt.^[#.j^•* A(c c`�n - r1 '+4t1: '-f3oirfi 19 W:-.lY ..+ S.'4 4 ' `•''..0 .{'. .r. $ [. IL: L r4. i r t -L Lit 21 _ t .221 ..4.{N .' ; -r... ...,_'.: cr.� ,. xa.,r. ♦; >- .�a.,:.._'. ,r.... r ,U -. e..!.. 23 %..: YJr,..fi 4 L 'Q 41 �2 l :'Y4.t t 1� , NnY 4.J•b N�' < ��J � t' r . 9 + 25 27 '.fir„^� •'_R' �{� '+F. .`, i i i` �,.,_" ,I ✓< t. .k l f -r Z c$ - 4 ..•T_ F pr N/'i y✓, -•i, .'`'F 4—, 29 f 101,TOTALS - I hereby authorize the above work and PacknovAed a receipt of copy.signedQX DON .YOUNG FORD, ■�� PARTS Prices LABOR—hrs.ject to invoice 8 /�/�- - Shop Supplies $ _ 200 North Ma+n PAINT_hrs.a$ $ walnut Creek, California 94596 /��,Q Z Paint Supplies 8 Phone (415) 932-2400 Towing/Storage 8 8 S Sublet/Miscellaneous // SUB TOT�fd&a ySona Fmme St@ � 00070w $ 00 O STAX B.A.R. No.AF7971 ON TOTAL ESTIMATEAlrz $ / © Form No.2110 UWE/A,Inc_Caldwell,10. .o-2s'o78Eft f4D TIRE -15 , WALNUT CREEK 1281 CALIFORNIA BLVD.,WALNUT CREEK,CA 94596 (415) 939 0240 77AH32900 SE PRIHOME PHONE ADDRESS CITY STATE ZIP 4SUSINESS PHONE YR MAKE-MODEL MILEAGE LICENSE TIC .EXP.VIN P.O.NUMBER/RESALE NUM E ONE XABLEf RESALE CASH❑ CHECK❑ AE❑ STORE CHG.❑ OTHER❑ ALL SERVICE DEPT.PARTS NEW UNLESS NOTED CUSTOME CT.NUMBER MC d VISA❑ DINERS CLUB❑ DEPOSIT[3 REQUEST DID❑ DID NOT❑ X REQUEST OLD PARTS BEFORE WORK STARTED OLD PARTS AEC./CUSTOMSIGNATURE '` 1 � I I 1 :•- . PARTS PRICE CODE EXTENSION CODE EXTENSION , 1 . I •, WHEEL BALANCEi { 2 8 111 5 31..'. STEMS MEBTALR ❑ CHROME ❑ { M12 $ 21 1 1 1 1s% TIRE PROTECTION CERTIFICATE 2 $1 210, ALIGNMENT CUSTOM ❑ R ❑ Z $ 1 i 2 9 { { LIFETIME POLICY BOOKF❑ ' ALIGNMENT n R❑ 2 $ 1 311, { BRAKE PACKAGE # SEE REVERSE SIDEi 2 g 1 l FRONT FOR PARTS INCLUD- 2 $ 1 I BRAKE PACKAGE # ED AND LIMITED i 1 REAR WARRANTY OF ALL 2'$ 1' BRAKE/TUNE-UP TUNE-UP PACKAGE# PACKAGES 2. 8. { 2 8 1 { SMOG CERTIFICATE 2.812141.Z { s SMOG LABOR 2 $ 2 4 1 LUBE,OIL, & FILTER El OTS. WT. _ Z 8 1' 9 7 `• V 2,8 1 1. 9 .8 { . SHOCK/STRUT FRONT # J 2 $ I ]'$", SHOCK/STRUT REAR # 2 $ .76 { i + -I { 1 1 1i IN ADDITION TO THE ORIGINAL ESTIMATE. ALIGNMENT ALIGNMENT DRUMS-ROTORS WE RECOMMEND THE FOLLOWING ITEMS: TOTAL PARTS BEFORE AFTER BEFORE AFTER QTY. DESCRIPTION LABOR PARTS FRONT REAR _LF_ SALES TAX L.CAM L.CAM P.CAM__R CAM RF L.CAST L.CAST LR TOTAL LABOR r, R.CAST 'R.CASs ,,t J—,,.`'BATTERY_t-. TOE AD roE Aou RR "ALTERNATOR .GRAND TOTAL ' M a • N WORK SOLD BY OUTPUT- - AMPS. - REGULAR DELIVERY RECEIPT(CHARGE INVOICES);l acknowledge • • 0 • WORK PERFORMED BY receipt of the goods and services listed on this invoice and SETTING- - VOLTS state I am authorized to charge to the above account. I acknowledge terms are net 10th prox.and agree to pay a i TOTAL AUTHORIZED + STARTER FINANCE CHARGE of 1'h%per month,which equals an ADDITIONAL COST + • M • • WORK INSPECTED BY DRAW AMPS Annual Rate of 18%,on all past due balances.as well as reasonable collection and court costs whether or not suit is AUTHORIZED BY filed. including reasonable attorneys fees,in Me event of w • • • WHEELS INSPECTED BY AVERAGE default of payment. PLEASE HYDROMETER SIGN HERE X _ READING- ANONE NO.CALLED CALLED BY DATE&I IME M 0 • • ROAD TESTED BY AIR PRESSURE P'D' NO. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 F R CUSTOMER SIGNATURE THIS IS YOUR RECEIPT AND WARRANTY, AND MUST ACCOMPANY ALL CLAIMS. QTY. ESTIMATE AND/OR WORK AUTHORIZATION= ,i!, , ,'LABOR PARTS This estimate is based on our inspection at this time and does not cover additional pans or labor which may be required after firework has bean started.Aher the work has started.worn Or damaged pads which are not ewdent on first inspection may be discovered.This estimate Cannot cover such Contingencies. In Oases where additional work is deemed necessary. I wwomer authorization wiltbe secured prior t0 commencement Of that additional work.This I estimate expires 15 days from date. I hereby authorize the repair work to be done along with the necessary material and hereby I I I grant you and/or your employees permission to operate the vehicle herein described on i streets, noway$or elsewhere for the purpose of testing and/Dr inspection. An express I mechanic's Ilen is hereby acknewedged on above vehicle to secure the amount of repair ! I tftemp.Dealer not responsible for unavailability of parts or delays in parts shipments beyond dealer's thenControlCa nor for beyond or dama9e to vehicle Or articles left m060071 van icle in case of fere alt I I Or any other cause beyond our darns. (�C/)l)F(�Y 1(111((.•r/•/fi PLEASE 1 SIGN HERE X i 1 I AUTHORIZED BY j j I I understand that I have the right to have emmission service and/or PLUS APPLICABLE TAX adjustments done elsewhere.I hereby waive this right. MILEAGE DATE TOTAL ESTIMATE X 15 WALNUT CREEK p 028078 GERARD TIRE SERVICE INC. TIME PROMISED 1281 CALIFORNIA BLVD..WALNUT CREEK,CA 94596 CLAIM CHECK (415)939-0240 77AH32900 NOT RESPONSIBLE FOR GOODS LEFT OVER 10 DAYS NOR FOR LOSS BY FIRE OR THEFT. STORE COPY ��.. CLAIM / BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ./ iiOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT November 6, 1984 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Raymond Joe Matteucci 673 28th Street County Counsel Attorney: Richmond, CA 94804 OCT 0 8 1984 Address: Martinez, CA 94553 Amount: $75.00 By delivery to clerk on Date Received: October 5, 1984 By mail, postmarked on October 2, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. yC Dated: October 5, 1984 PHIL BATCHELOR, Clerk, Byto Deputy *Jo411na'e_ Edwards II. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) (�) 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. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1 County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of 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. n Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. . V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: f/-/ 3- PHIL BATCHELOR, Clerk, By /�,/Y , Deputy Clerk .0V ZJ cc: County Administrator (2) County Counsel (1) 000072 ` CLAIM CLA-'M TO: BOARD OF SUPERVISORS OF CONTRA "*r YappUcation to: Instructions to ClaimantClerk of the Board P.O.Box 911 M rtinez,Califomta94553 A. Claims relating to causes of action for death or or injury to person or to personal property or growing crops must be presented not later than the 100th day 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 oause of action. (Sec. 911.2, Govt. Code) R. Claims must be filed with the Clark of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 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 Por fraudulent claims, Penal Code Sec. 72 at end of—tTis form. a�:***:t****::,r*t*****t:*�*:*tfr+a***at,►ft**t***�e«*,`��r�i,�.�r **tr:f* RE: Claim by )Reserved ng tames RECEIVED —j OCT 5 1994 Against the COUNTY OF CONTRA COSTA) PHIL IIATrt1ELOR RK SoA4U Of SWEaVISORS Vt .1stt; �r2 (iHiRF ^ST''.CL. � D (Filln name ) Thi;! 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 folls: l. -W-h-e-n--did--t-h-e-dam-age-or-ln'3ru-r-y--o-c-ur---ZG-ive exact Elite - --- ••-- and fiourj 7s---- t - -------- T------------ ... Were did tfie aamage or n3ory occur? �-I-n-c�u-de---cTi-t-y-a-nd--co-u-n-y ---- -3---Ho-w-O-d--t-he---d-a-m-a-g-e---r-1n3ury occ,pu-r-? (Give - - - --------- --- �uIS 8etaiS-s, use extra sheets if required) To G/�y�o�/ G/.�y7-o..� --/15PT 7';;4-c'/ / ,1�f�6V" ��. -What pP.t cul rat or omission on th part couc y o district officers, servants or employees caused the injury or damage? 4 I l (over) j 000073 I • y 5. What are the names of county or district officers, servants or employees causing the damage or injury? 9:--wRat aamage or injuries do you cia�m resuIted� ZG�veu�Y extent of injuries of damages claimed. Attach two estimates for auto damage) T.V -- 7. How was the amount cla�a►ea above computed? ZInclud - e the est ted amount of any prospective injury or damage.) 17�O ------------ - ----------------- -------------- ------------------ 8. Names and addresses of witnesses, doctors and hospitals. �. List. t�ie expenditures you made on account of-this accident or �n�ury: DATE ITEM AMOUNT G y44 e j Cr/4�S CZ/esy� STic !****!!!!**t!*!!!t!!***R!!RlRRRRRRR!lRRRlR*!*R*t*RR!*R!!!RR**!*!!!!!!R!!** Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney a mant s Signature Address 70� Telephone No. Telephone No. -.5:7 R*RRlRRRlIRRRlRlRRR**lRRRRR!*!tR*RR*R*!!!*!!!*t!*R!R!!lRRRRR!*fR!!RRlRR!** NOTICE Section 72 of the Penal Code provides: 'Every person who, with intent -to defraud, presents forallowance or for payment to any state board or officer, ' or to any county, to-.-in,, city 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." 000074 II CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA CO(NTY, CALIFORNIA -BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT November 6, 1984 governed by the Board of Supervisors, ) The copy of this ocZm- nt mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Ruth and Kenneth McGill County Counsel Attorney: Peter C. Pappas 2400 sycamore Dr. , suite 28 OCT 15 1984 Address: Antioch, CA 94509 Martinez, GA 94553 Amount: $250,000.00 By delivery to clerk on October 12. 1984 Date Received: October 12, 1984 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. / �Q Dated: October 12, 1984 PHIL BATCHELOR, Clerk, By (,� Deputy Jolene Edwards II. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) (}�) 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. Clerk should return claim on ground that it was filed late and send warning of claimants right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: l _ By: ti' "_ Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BOARD ORDER By unanimous vote of 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 t4is date. Dated: PHIL BATCHELOR, Clerk, By ��9- , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months Prem the date of 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. . V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. nq DATED: //-/3- kSl PHIL BATCHELOR, Clerk, By �.�j , Deputy Clerk cc: County Administrator (2) County Counsel (1) 000075 CLAIM 1 PETER C. PAPPAS in im RECEIVED ATTORNEY AT LAW 2 2400 SYCAMORE DRIVE. SUITE 28 AxnOCx, CALIFORNIA 94509 OCT A 1984 .3 TELEPHONE:(415) 754-0772 1M Mtt WK 4 �� fS ASCO 5 ATTORNEY FOR CLAIMANTS RUTH McGILL 6 KENNETH McGILL 7 CLAIM. AGAINST GOVERNMENTAL AGENCY 8 9 TO: CONTRA COSTA COUNTY HOSPITAL, DR. HINER AND OTHER 10 EMPLOYEES AND STAFF 11 1. MRS. RUTH McGILL, and KENETH McGILL, claimaints, hereby 12 makes claim against the CONTRA COSTA COUNTY HOSPITAL, DR. HINER 13 AND STAFF, for the sum of Two Hundred Fifty Thousand Dollars 14 ($250,000.00) and make the following statements in support. 15 2. Claimant Ruth McGill did suffer a serious personal injury as a result 16 of a tubiligation performed by said hospital, Dr. Hiner and staff. The above- 17 mentioned tubiligation was performed by said hospital, Dr. Hiner and staff at 18 Contra Costa County Hospital, located at 2500 Alhambra Avenue, Martinez, 19 California, on or about July 9, 1984. The tubiligation was performed in a 20 negligent manner in that said hospital, Dr. Hiner and staff failed to perform 21 any pregnancy tests on the claimant prior thereto, and as a result thereof 22 claimant was forced or coerced into aborting said unborn child, and claimant 23 suffered additional medical complications due to said negligence. 24 3. Claimants Ruth McGill and Kenneth McGill both suffered the loss of 25 the unborn child and severe emotional trauma as a result of the circumstances 26 in which they were placed as a result of the negligence of said hospital and 27 staff. 28 4. Claimant's post office address is 1931 Cavallo Road, Antioch, 000076 4r , 1 California. 2 5. Notices concerning the claim should be sent to Ruth McGill and 3 Kenneth McGill, c/o PETER C. PAPPAS, Attorney at Law, 2400 Sycamore 4 Drive, Suite 28, Antioch, California 94509. 5 6. Claimant's injuries are medical complications sustained and necessity 6 of the aborting of said child, mental anguish and trauma sustained as a 7 result of said abortion and loss of consortium. 8 7. The names of the public employees causing said injuries are: 9 Dr. Hiner and other individuals unknown to the claimants. 10 8. The basis of the computation of the claim is as follows: 11 1. Medical Expenses Future ---------------------- Unknown 12 2. Pain and suffering, trauma -------------------- $200,000.00 13 3. General damages -------- 50, 000.00 14 $250, 000.00 15 16 DATED: LT Z,.. l7 LY PETER C. PAPPA 18 On Behalf of Claimants Ruth McGill, Kenneth McGill 19 20 21 22 23 24 25 26 27 28 - 2 - 000077 6ZI CLAIM ✓� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT November 6, 1984 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Oscar & Adelaid Neilsen Attorney: Richard P. Moore, Jr. Lossing & Elston Address: 930 Montgomery St. , Fifth Floor San Francisco, CA 94133 Via CAO Amount: $250,000.00 By delivery to clerk on October 17, 1984 Date Received: October 17, 1984 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. `Q ) Dated: October 17, 1984)HIL BATCHELOR, Clerk, By 6 4v��e��/ Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) 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. 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: 4 , / Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, ( County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (-A This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By ��_ � �C�� , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: PHIL BATCHELOR, Clerk, By Q �y , Deputy Clerk IV ell cc: County Administrator (2) County Counsel (1) CLAIM 000078 I RICHARD P. MOORE, JR . RECEIVED LOSSING & ELSTON 2 930 Montgomery Street, Fifth Floor OCT m984 San Francisco, California 94133 3 Telephone ( 415 ) 788-7070 rmKurortioo EiK BOARD UPEWS CS 4 Attorneys for Claimants a co+- OSCAR & ADELAIDE NEILSEN 5 6 7 8 CLAIM AGAINST PUBLIC ENTITY FOR EQUITABLE INDEMNITY 9 (Government Code Sections 901 & 910 ) 10 In the Matter of the Claim of ) 11 OSCAR & ADELAIDE NEILSEN, ) 12 Claimants , ) 13 vs . ) 14 COUNTY OF CONTRA COSTA ) 15 16 OSCAR & ADELAIDE NEILSEN hereby present this claim to the 17 COUNTY OF CONTRA COSTA pursuant to Sections 901 and 910 of the 18 California Government Code . 19 1 . The name and post office address of OSCAR & ADELAIDE 20 NEILSEN is as follows : Oscar & Adelaide Neilsen, 2441 Doidge 21 Avenue, Pinole, California 94564 . 22 2 . The post office address to which OSCAR & ADELAIDE 23 NEILSEN desire notice of this claim to be sent is as follows : 24 Richard P. Moore, Jr. , Esq. , Lossing & Elston, 930 Montgomery 25 Street, Fifth Floor, San Francisco, California 94133 . 26 3 . On or about March 2, 1983, at or near 3941 La Cima 0000'79 I Road, E1 Sobrante, California 94530 claimants received injuries 2 under the following circumstances : In March, 1983 a massive 3 landslide occurred in the vicinity of La Cima Road and La Cresta 4 Road, in the City of E1 Sobrante, California. The landslide 5 destroyed numerous homes, including claimants ' , and severely 6 damaged others . The slide is believed to have originated on land 7 owned by the East Bay Regional Park District, within the City of 8 Richmond, and the County of Contra Costa. Claimants are also 9 informed and believe that the East Bay Municipal Utility District 10 water lines and the West Contra Costa Sanitary District lines 11 contributed to the damage resulting from the slide. On March 2, 12 1984 E .M.B.A. , a limited partnership that owns real property 13 which borders on and is located downhill from claimants property, 14 filed an action against claimants for damages to the downhill 15 property following the March, 1983 landslide. Service of the 16 E.M.B.A. complaint upon claimants was effected on September 14, 17 1984 . Under Section 911. 2 of the California Government Code, 18 claimants are required to present their claim to the responsible 19 public entity within certain time periods after the accrual of 20 the cause of action. Under Section 901 of the California 21 Government Code, the date upon which a cause of action for equi- 22 table indemnity occurs is the date upon which a defendant is 23 served with the complaint giving rise to the defendants claim for 24 equitable indemnity . 25 4 . Claimants ' house, appurtenant structures , improvements, 26 landscaping and real property were damaged and totally destroyed -2- 000080 I by the landslide which was caused by, or which was aggravated, 2 accelerated, redirected, altered or changed, to claimants ' detri- 3 ment, by the negligence of the COUNTY OF CONTRA COSTA; addition- 4 ally, claimants were damaged in that said public entity knew or 5 reasonably should have known that such landslide would or was 6 likely to occur, and failed to take reasonably necessary steps to 7 inform, warn or notify claimants thereof, to their detriment. 8 Therefore, if a judgment is recovered by E .M.B.A. (the downhill 9 property owner) against claimants, claimants are entitled to 10 indemnity from COUNTY OF CONTRA COSTA, as it is one of the public 11 entities that is responsible for the damage. 12 5 . At the date of filing this claim, OSCAR & ADELAIDE 13 NEILSEN have incurred damages in the amount of $250, 000 due to 14 the following injuries : damage to dwelling and real property; 15 cost of relocation and salvage; physical , emotional and mental 16 distress ; and further and other economic loss. In addition, 17 claimants may incur additional damages in the future as a result 18 of the action filed against them by the downhill property owner, 19 E.M.B.A. 20 6 . The names of the public employees causing claimants 21 damages and losses are at present unknown. 22 7 . At the time of presentation of this claim, OSCAR & 23 ADELAIDE NEILSEN claim damages in the amount of $250, 000, com- 24 puted on the basis of the following: the total loss of claim- 25 ants ' dwelling, structures and improved real property; claimants ' 26 cost of relocation and salvage of personal possessions from said -3- U I dwelling; and claimants ' physical , emotional, mental and nervous 2 upset, distress , shock and anguish, by reason of the destruction 3 of claimants ' house and land as hereinabove stated. Said claim 4 is based upon claimants' opinion of the reasonable value of such 5 property or damages . Claimants may also incur additional damages 6 in the action brought against them by E.M.B.A. 7 DATED : , 1984 8 LOSSING & ELSTON 9 10 By RICHARD P. MOORE, J . 11 On Behalf of Claimants OSCAR H. NEILSEN AND ADELAIDE J. 12 NEILSEN 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT November 6, 1984 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to .California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: City of Pleasant Hill Attorney: Municipal Risk Management Ins. Auth. 1415 Oakland Blvd. , Suite 215 Address: Walnut Creek, CA 94596 Via CAO Amount: Unspecified By delivery to clerk on October 16, 1984 Date Received: October 16, 1984 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: October 16, 1984 PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel : Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. f�) 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. 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: e eputy County Counsel III. FROM: Clerk of the Board TO: ( County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3)• IV. BOARD ORDER By unanimous vote of 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: //- (� �c/' PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months Prem the date of 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. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. n /� DATED: //-/,3-3y PHIL BATCHELOR, Clerk, By Deputy Clerk cc: County Administrator (2) County Counsel (1) 000083 CLAIM MUNICIPAL RISK MANAGEMENT INSURANCE AUTHORITY 1415 0AKLANI)BLVD. SINIE215 0 WALNU1'CREEK.CA94596 0 15)."13 1100 '-0417. 10 September i7, 1984 cc: Dennis Lee C�94883 Contra Costa County Administrative Offices P.O. Box 69 Martinez, CA 94553 RECEIVED Attention: Pat Rowlingson OCT /16 1984 PHIL BATCHELOR K Re: our insured: City of Pleasant Hill ERCONBOARD T F STSUco 25 Claimant Maxine Riepen By V leputy Date/loss 8/17/84 Dear Miss Rowlingson: Enclosed is a verified claim filed by Maxine Riepen against the City of Pleasant Hill for property damage to her automobile which occurred on 8/17/84 on Gregory Lane near Cleveland Road, Pleasant Hill, CA. Our preliminary investigation indicates that the City of Pleasant Hill contracted with the County of Contra Costa for surface treatment of the city streets. We have also determined that the County crews were working in the area at the time of this loss. I have secured a copy of the Joint Exercise Of Powers Agreement 1984 Seal Coat Program in which the County under Section C - Indemnification agrees to indemnify, defend and hold the city, its officers and employees harm- less from and against any and all liability damages, claims, losses, costs, expenses, suits or actions of law including attorney's fees arising from or caused by the negligent wrongful acts or omissions of the County's officers, agents and employees in the performance of this agreement. I request that you immediately forward this matter to your insurance company and have them contact claimant Riepen advising her that they are handling this claim on behalf of our city. Thank you in advance for your cooperation. Very truly yours, '0 PHIL STE Claims Adjuster 000084 PH/jm CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as ex officio the Governing Board BOARD ACTION of the Morava Fire Protection District Claim Against the County, or District ) NOTICE TO CLAIMANT November 6, 1984 governed by the Board of Supervisors, ) The copy o t s omen led to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all *Warnings". Claimant: Jacqueline & Ernest C. Voigt, Sr. Attorney: Michael E. Myers, Esq. 655 Montgomery St. , #1500 Address: San Francisco, CA 94111 Amount: $3,000,000.00 By delivery to clerk on Date Received: October 19, 1984 By mail, postmarked on October 18, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated. October 19, 1984 PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) ()6 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. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (� This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By �. � -� , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. V. FROM. Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED:/-/3 751 PHIL BATCHELOR, Clerk, By - , Deputy Clerk cc: County Administrator (2) County Counsel (1) 000085 CLAIM rr eTir er_eT -ST-MORAG _F-IRE DEPAR, T (Government (Code, SFIRE ec ECT100N DISTRICT) Date : 16 October 1984 Gentlemen : The undersigned hereby presents the following claim against the Moraga Fire Department: (Fire Protection District) 1. Date of accident or occurrence : July 16, 1984 2. Name and address of claimant : Jacqueline & Ernest C. Voigt, Sr. c/o Michael E. Myers, Esq. 655 Montgomery St. , #1500 San Francisco, CA 94111 PHONE: (415) ,433-1650 3 . Description and place of the accident or occurrence: Auto went off roadway .on fire access road between Donald Drive and Laird Drive, Moraga, CA. Ernest C. Voigt, Jr. incurred fatal injuries in the above accident. 4 . Names of Town employees involved and type, make and number o equipment, i known: None known to date. 5 . Describe the kind and value of damage and attach estimates : Wrongful death claim, including pecuniary loss and loss of comfort, society,, et al. - .$3Million. �c! _ 000086 RECEIVED OCT �� W4 Si ature tacorcSU MICHAEL MYERS N ►sure osuc • Attorney fo Claimants GO 7 A TM a r-.A 1N9T G0UR RY vT-'�iri n rte" (Government Code, Sec. 910) Date : 16 October 1984 . Gentlemen: The undersigned hereby presents the following claim against the County of Contra Costa: 1. Date of accident or occurrence : July 16 ,' 1984 2. Name and address of claimant : Jacqueline & Ernest C. Voigt, Sr. c/o Michael E. Myers, Esq. 655 Montgomery St. , #1500 San Francisco, CA 94111 PHONE: (415) ,433-1650 3. Description and place of the accident or occurrence: Auto went off roadway ,on fire access road between Donald Drive and Laird Drive, Moraga, CA. Ernest C. Voigt, Jr. incurred fatal injuries in the above accident. 4 . Names of Town employees involved, and type , make and number of-equipment, if known: None known to date. 5. Describe the kind and value of damage and attach estimates : Wrongful death claim, including pecuniary loss and loss of comfort, society, et al . - $3Million. J PREC ITED o 0 0 0, OCT I9 1984 ►WK SATCHlo. all 10) rs,�e.nsoas Signare t MICHAEL E. JYTRS Attorney for CAXimants AMENDED CLAIM 1 .2.( CLAIM jY BOARD OF SUPERVISORS OF CONTRA COSTA CO(NTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TD CLAIMANT November 6, 1984 governed by the Board of Supervisors, ) The copy oft s ocument mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Frontier Adjusters/Newell & Mardell Kean P.O. Box 8040-A101 Attorney: Walnut Creek, CA 94596 Address: Via County Counsel Amount: $8,950.00 By delivery to clerk on October 19, 1984 Date Received: October 19, 1984 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a ropy of the above-noted claim. �p Dated: October 19, 1984 PHIL BATCHELOR, Clerk, By b Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (�) 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. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section. 911.3). ( ) Other: Dated: :`; By: ,, �, , Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2)/tounty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of 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 t is date. Dated: PHIL BATCHELOR, Clerk, By - L .,� , Deputy Clerk 411 WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. /p DATED: PHIL BATCHELOR, Clerk, By Deputy Clerk cc: County Administrator (2) County Counsel (1) 000095 CLAIM 7�, 4LY1M.l� ADJUSTERS, of Walnut Creek. California (415)778-0303 P.O. Box 8040-AIOI • Walnut Creek, California 94590 License No. AJ0607975 October 2, 1984 Board of Supervisors RECEIVED 651 Pine Street, Room 106 OCT 3 1%4 Martinez, CA 94553 MNL lSKIMILOt eLt.x ciiosR"soesiCOSTA OUR INSURED: Newell & Mardelle Kean ADDRESS: 866 Holly Hill Dr. , Walnut C POLICY #: 4H03-02686 We have been placed on notice of a claim by our insured for loss to his home at the above address. This property is located in the County of Contra Costa and is registered as lot 150 entitled "Idyl- wood Acres, Unit No. 3, Contra Costa County, California" and filed with the County Recorder on March 12, 1947 in volume 33 of Maps, page I . Our insured indicates that the loss may have been initiated or aided by failure to properly maintain the roads causing surface water to be channelled onto his property. The intent of this letter it to put the County on notice of the ' claim, as is required, to protect our subrogation rights in the event it is determined the County was negligent in this matter. Please call should you have any questions. Sincerely, Rick Buys Claim Manager cc: Meritplan Insurance 000096 J AMENDED CLAIM ( � i- ' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA -BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT November 6, 1984 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all „Warnings". Claimant: City of Pleasant Hill/Maxine Riepen Attorney: Municipal Risk Management Ins. Authority 1415 Oakland Blvd. , Suite 215 Address: Walnut Creek, CA 94596 Via County Counsel Amount: $40.33 By delivery to clerk on October 19, 1984 Date Received: October 19, 1984 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. Dated: October 19, 1984 PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) 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. 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: ' „ l f. '- Deputy County Counsel III. FROM: Clerk of the Board TO: (i) County Counsel, (2 County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (� This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By �,�� :/ , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. //� DATED: //- /3- Fy PHIL BATCHELOR, Clerk, By (y- 2� -, Deputy Clerk cc: County Administrator (2) County Counsel (1) 000097 CLAIM RE(CoEIV D v, OCT iaa 1984 O CLERKPW 6ATCMEION by eo 00 f w►EtvKOK . ..... ".. A.. .. DOI k County of Contra Cost o0fit.Y Martinez, CA R, OLS N. epkiS Y COSCA uY �� p�pury f" Gentlemen: I was informed by a. Mr. O'Malley that my claim against the City of Pleasant Hill for damage cone to my 1984 Olds Omega h d been referred to your department. Since I have not heard from you I am wondering when I will know what action has been taken. I 'M sure Mr. O'Malley has explained the whole situation to you without my ;;oing over it again. I do feel th• t whoever is responsible (city of county) should pc..y for this damage since it was entirely their fault. No way would I have gone onto a street that was being oiled (not graveled) had I known about it in advance (there were �s_gns sayin, Street ''fork or anything blockinr off the street. I am a Senior on limited income else I w uld t=:ke c .re of this myself without all this hassle. Thank you for your courtesy and consideration. Sincerely 7Cc /�etiS4n/ 191,41- .09 SYS z3 000095 AMENDED CLAIM CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY_, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT November 6, 1984 governed by the Board of Supervisors, ) The copy oft s document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note a17�" 0. "- " Claimant: Charles Rogers � Attorney: . Allan M. Tabor OCT 3 1984 680 Beach St. , Suite 324 MaltinCZ, CA 94553 Address: San Francisco, CA 94109 Amount: $5,000,000 By delivery to clerk on Date Received: October 2, 1984 By mail, postmarked on September 27, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: October 2, 1984 PHIL BATCHELOR, Clerk, By � .�� Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) 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. 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: e - - ,g By: �:-c-lt t ,_ll. i.' . Deputy County Counsel III. FROM: Clerk of the Board TO: (1 r County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (A This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk JIV WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: PHIL BATCHELOR, Clerk, By Q , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM 000099 I RYAN & TABOR RECEIVED Attorneys at Law 2 680 Beach Street Suite 324 SEP a IN4 3 San Francisco , California 94109 (415) 673-2300 e�FW•Atc►�E►C• 4 •o r�w.�i.�+� Attorneys for Claimant 5 6 7 B 9 CHARLES ROCERS , 10 Claimant , CLAIM FOR DAMAGES 11 vs . 12 CITY OF RICHMOND , RICHMOND HOUSING AUTHORITY , COUNTY 13 OF CONTRA COSTA , STATE OF CALIFORNIA . / 14 15 CHARLES ROGERS presents his claim for damages , pursuant to 16 Government Code Sections 905 and 910 , as follows : 17 A . Name and address of claimant : Charles Rogers , 1318 18 York Strt-ot , R1chmund , Cr1111* rnirl . 19 11 . Address of person to whom notices are to be sent : 20 Ryan & Tabor , Attorneys at Law , 680 Beach Street , Suite 324 , 21 San Francisco , California 94109 . 22 C . Date , place and circumstances of the occurrence : r 23 On July 19 , 1984 , Charles Rogers was in the employ of Vickers 24 Construction Company who was employed by defendants , and each 25 of them , on a job site on Lincoln Avenue , City of Richmond , 26 County of Contra Costa , State of California , actual street number 77 unknown to plaintiff . At said time and place a scaffolding gave 28 way , causing the injuries hereinafter described . Said scaffolding RYAN 6 TABOR 000100 ATTORNEYS AT LAW NO BEACH ST.SUITE 024 SAN FRANCISCO.CA 4109 14151 67]2300 K. I was defective in its design , manufacture and supply , was not 2 appropriately constructed . Defendants , and each of them , were 3 negligent in not inspecting and maintaining a safe place to work 4 for plaintiff . 5 D . Description of injury or damage : Multiple fractures of 6 left knee , right ankle . 7 E . Name of public employee responsible : Unknown to date . 8 F . Amount of claim : $5, 000 , 000 . 00 . 9 DATED : September 14 , 1984 RYAN 6 TABOR 10 11 By ALLAN M . TABOR 12 13 14 15 16 17 18 19 20 21 22 r, 23 24 25 26 27 28 RYAN 8 TABOR 000101 ATTORNEYS AT LAW "0 BEACN ST.,SUITE 774 SAN FRANCISCO.CA 94109 44151 67]4]00 2 PROOF OF SERVICE BY MAIL - CCP 10130, 2015.5 I 1 I declare that. 2 f am 144+,?[X employed int the county of. ...S.a. ...F..r.d.n.cls.c.o. ........... ......... ......................... ..... ..... .Californ a. (COUNTY WHERE MAILING OCCURRED) 3 1 am over the age of eighteen years and not a party of the within entitled cause. mylbuSInessAfej3BFjXiGaddless Is 4 .6.8.O. .Beach St ..,.... S.y. t.,e .3.2.4.......Sa.n.... .r. .P. ..is,cu., . .CA.......9.4.1.9.9............. ................ ._._.. 5 I On . .._.....Sep t........ I served the attached ....CL.A.I11.,,,F,QR...D.A.M.A.G.)r$._........................... . (DATE) 6 Defendants 7 _._...................... ... ................................on the ............................................ .. ....... ............. ..........._.... ... . REGISTERED MAIL - RETURN RECEIPT REQUESTED 8 in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid,in ttie 9 United Slates mall at ..... ..Sa.Tt F17.0ac.i.S.C.o_ ... . . .. .. ...... .. .. ....... . .... ...... . .. addressed as folto,•:s 10 CITY OF RICHMOND Richmond , CA 94804 11 COUNTY OF CONTRA COSTA 12 Contra Costa Courthouse P . O . Box 911 13 Martinez , CA 94553 14 RICHMOND HOUSING AUTHORITY 15 16 17 STATE OF CALIFORNIA 18 19 20 21 22 23 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on 24 1.September 14 , 1984 San Francisco (DATE) (PLACE, 25 26 ALLAN M . TABOR (TYPE OR PRINT NAME( SIGNATURE 000'02 BARON PRESS FORM NO. 22 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT November 6, 1984 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application 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. Claimant: Aetna Casualty & Surety Company Attorney: Abel & Abel P.O. Box 3128 Address: 22300 Foothill Blvd. Hayward, CA 94540-3128 Amount: $8;991.00 By delivery to Clerk on Date Received: October 19, 1984 By mail, postmarked on Postmark not legible I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: October 19, 1984 PHIL BATCHELOR, Clerk, ByDeputy Jolene Adwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). Q�) The Board should deny this Application to File Late Claim (Section 1.6). DATED: /0 S. VICTOR WESTMAN, County Counsel, By c. �� L -4 Deputy III. BOARD ORDER By unanimous vote of 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 BATCHELOR, Clerk, By J/0 Deputy WARNING (Gov. Code §911.8) 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 Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court 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 consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed 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 Board's copy of this Claim in accordance with Section 29703. DATED: // /3- y PHIL BATCHELOR, Clerk, By .11' Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 000103 00103 I ABEL & ABEL Attorneys at Law 2 P.D. Box 3128 22300 Foothill Blvd. �o , 3 Hayward Ca. 94540-3128 � 415-886-6434 RECEN DE) 4 Attorneys for Aetna Casualty & 5 Surety Company ' 7 8 i 9 10 IN THE MATTER OF THE ) CLAIM OF AETNA CASUALTY ) 11 I & SURETY COMPANY ) i ) APPLICATION FOR LEAVE TO PRESENT Against 12 ( COUNTY OF CONTRA COSTA LATE CLAIM 13 I ) 14 i w 15 TO: COUNTY OF CONTRA COSTA 16 1. Application is hereby made for leave to present a late 17 !j claim under Section 911. 4 of the Government Code . Th:e claim is i 18 I founded on a cause of action for subrogation of damages due to 19 personal injury, which accrued on June 11, 1984, and for which 20 a claim was not timely presented. For additional circumstances 21 relating to the cause of action, reference is made to the Declaratio I 22 of Sandra -Parker attached hereto as Exhibit "A" and is 23 madeP art hereof. 24 2. The reason for the delay in presenting this claim is the 25 mistake, inadvertence , surprise , and excusable neglect of the 26 claimant as more particularly shown in the declaration of Sandra ABEL $ KYLE ATTORNEYS AT LAW 12700 FOOTHILL BLVD.#50% rrr�� .nnn P. R ,C 94 O®O1! 1 JF 128 /fAYWARD.CA 94540 v L# 8866434 I� I Parker , an employee and subrogation specialist of Aetna Casualty & 2 Surety Company attached hereto as Exhibit "A" . The County of 3 Contra Costa was not prejudiced by the failure to timely file 4 the claim. 5 3 . This application is presented within a reasonable time 6 after the accrual of the cause of action as shown by the declaration 7 of Kay Baggett attached hereto as Exhibit "A" and made a part hereof 8 WHEREFORE, it is respectfully requested that this application 9 be granted and that the attached claim be received and acted upon i 10 I in accordance with Sections 912 .4-912. 8 of the Government Code . 11 � 12 DATED: 13 14 .•15 Claimant, Aetna Casualty & Surety Co. I 16 17 18 II 19 20 21 22 23 24 25 26 ABEL & KYLE ATTORNEYS AT LAW I .2_ 22303 FOOTHILL BLVD 1501 0001051. 1^{A' P.O.BOX 3138 `� .1 O 5 HAYWARD, GA 94540 1 8866434 I� I DECLARATION OF CLAIMANT I, Sandra Parker, declare as follows: On March 1, 1982 , claimant ' s insureds , John and Lynn Smith, suffered soil erosion and landslide activity on their property which resulted in the destruction of an existing retaining wall and necessitated the construction of a second retaining wall . The County of Contra Costa had ordered claimant ' s insured to build the first retain- ing wall on the property in 1980 . In 1982, the Contra Costa County Public Works Department caused a ditch to be dug around the retaining wall, which resulted in soil erosion and destruction of the retaining wall. The cost of construction of a new retaining wall was $8 , 991.00 . On June 11, 1984 , Aetna Casualty & Surety Co . paid for the construction of the wall, less a deductible of $100. 00. Upon satisfaction of this claim, claimant will return to the insured the amount of the deductible or a proportionate pro rata share of the recovery. On March 29 , 1984 , Aetna Casualty & Surety Company wrote a letter to the County of Contra Costa to put them on notice of its claim. On June 11, 1984, Aetna paid out $8 , 891 .00 to its insured. Believing that is cause of action arose on the date of the payment to its insured, and that the ABEL & KYLE ATTORNEYS AT LAW 22900 FOOTHILL BLVD.,501 -1 000 -106 v.o.eoz alze HAYWARD,CA 94540 886-6434 claims period therefore expired on September 19, 1984, Aetna filed a claim with Contra Costa County on September 19 , 1984 • in a letter dated September 25 , 1984, the County of Contra Costa rejected Aetna ' s claim. I declare under penalty of perjury that the foregoing is true and correct . Executed at `S(,(r,-� California on /0 1984 . ABEL & KYLE ATTORNEYS AT LAW 22300 FOOTHILL BLVD.#501 .2- 000107 /� t 1 U Y/(��/ F.O.BOX 3128 HAYWARD.CA 94540 BB6-6434 CL: II1l TO: bcy_,,,. OF SUPERVISORS OF CONTI, ..TSTA COUNTY Instructions ---o Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later. r-han the 100th day 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. (Sec. 911. 2, Govt. Code) 6. 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 (or mail to P.O. Box 911, Martinez, .CA) . 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 end .. of this form. RE: Claim by ) Reserved for Clerk' s filing stamps AFTNA Casualty E Surety Co. , ; RE ,31 cnrnoration ) ) � Against the COUNTY OF CONTRA COSTA) PHIL BATCHELOR or. DISTRICT) C BOARD Rvlsocs Fill in name) /) tb.wy a Tl�e undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the Sum of $ 8� g9� . 0o and in support of this claim represents as follows : --- -------------------------------------- ------------------------- 1 . When did the damage or injury occur? (Give exact date and hour) March 1, 1982 -----------r-------------------------------- --------------------------- 2. where did the damage or injury occur? (Include city and county) 56 Canino Sobrante Orinda, Contra Costa County, California . ----------------------------------------�--�---- -------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) Soil erosion and landslide activity occurred on the property which resulted in the destruction of an existing wall and necessitated the construction of a second retaining gall. C 4 What particular act or omission on the part of y o countr district officers , servants or employees caused the injury or damage? The County of Contra Costa ordered claimant' s insured, John Smith, to build the first retaining wall on the property in 1980 , which he did . In 1982 ; Contra Costa County caused a ditch to be dug around the re- taining wall , causing stress to the ground, which resulted in soil _ro::ion and destruction of the retaining; wall. 0001108ver) 5. What are the nark2"6f county or district of7r zers, servants or - employees causing the damage or injury? Unknown. ---------------------- ------------------------------ ------------- ID . What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Claimant' s insured expended funds to have a second re- taining wall built to contain further soil erosion. Claimant reim- bursed its insured under its property insurance policy. - - -- - - - ----------------------- -----------=----------- 7-.--H-ow--was----the--a-moun---t--cl-aimed above computed? (Include the estimated amount of any prospective injury or damage. ) Actual cost of construction of second retaining wall. --------------•---------------------------------=----------------------•--- e . Names and addresses of witnesses, doctors and hospitals. John g Lynn Smith Camino Sobrante Orinda, CA y4563 ------------------------------------------------------------------------- y . List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 6-11-84 Payment of claim under $81819. 00 property insurance policy, Govt. Code Sec. 910.2 provides : "The claim signed by the claimant - SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney 6 AB7L, Attorneys at Law Claimant' s Signature ? ? 10 Foothill Blvd. , Suite 501 P.O. Box 8090 . Box 3128 Address _ r:aard, CA. 94540-3128 Walnut Creek, CA 94596 Telephone No. 415_8gg_F43LJ Telephone No. 415-947-6515 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, town, city 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. " 000,09 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT November 6, 1984 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Goverment Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: Dale Crabtree, et al County Counsel Attorney: Kevin L. Domecus OCT 5 1984 Walkup, Shelby, Bastian, Melodia, Martinet, CA 94553 Address: Kelly & O'Reilly 650 California St. , 30th Floor, San Francisco 94108 Amount: $750,000.00 By delivery to Clerk on Date Received: October 4, 1984 By mail, postmarked on October 3, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: October 4, 1984. PHIL BATCHELOR, Clerk, By Deputy ff Jolene Edwards II . FROM: County Counsel TO: Clerk of the Board 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 911 .6). DATED: VICTOR WESTMAN, County Counsel, By��%� , �r Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911 .6). ()Q 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. pp DATE: //-[` PHIL BATCHELOR, Clerk, By � �(y. ± �o Deputy WARNING (Gov. Code §911.8) 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 Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court 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 consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed 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 Board's copy of this Claim in accordance with Section 29703. n DATED: ///3 8 PHIL BATCHELOR, Clerk, By tom/. !y __ Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM O O O 1_i c F t LAW OFFICES OF 1 WALKUP, SHELBY, BASTIAN, in Ic-�v(�EI�E1D MELODIA, KELLY & O'REILLY iV 2 A PROFESSIONAL CORPORATION OCT q 1984 3 850 CALIFORNIA STREET SAN FRANCISCO. CALIFORNIA 94108 fMIL UT G TELEPHONE 14151 981.7210 [iKIOAR SUPEWISM 4 CON t s CO. 5 ATTORNEYS FOR PLAINTIFF 6 7 8 BEFORE THE BOARD OF SUPERVISORS 9 OF THE COUNTY OF CONTRA COSTA 10 17 In the Matter of the Application } of ) 12 ) APPLICATION FOR LEAVE DALE CRABTREE, JODY CRABTREE, ) TO PRESENT LATE CLAIM 13 and DENISE MICHELLE CRABTREE, ) 14 for leave to present a late claim) to the County of Contra Costa. ) .15 ) 16 TO THE COUNTY OF CONTRA COSTA AND TO THE BOARD OF SUPERVISORS: 17 1. Pursuant to the pertinent provisions of the California 18 Government Code §911. 4 and §911. 6 thereof, application is hereby 19 made by and on behalf of Dale Crabtree, Jody Crabtree, and Denise 20 Michelle Crabtree, heirs of Virginia M. Crabtree, deceased, for 21 leave to present a late claim against you, and each of you. The 22 claim is founded upon a cause of action of said claimants to 23 recover damages for the wrongful death of Virginia M. Crabtree, 24 deceased, who died on or about October 23 , 1983, after an accident 25 that occurred at the Veterans Memorial Hall, 1250 Locust Street, 26 Walnut Creek, California. Claimants also claim the expenses I incurred for funeral and burial expenses for Virginia M. Crabtree, 2 deceased, and for other costs and expenses presently unascertained. 3 The further circumstances of the cause of action are set forth 4 in the proposed claim which is attached hereto as "Exhibit A" 5 and incorporated by reference herein. 6 2 . This application is based on .the grounds that Denise 7 M. Crabtree, having been a minor during the entire 100 days followin 8 the death of Virginia M. Crabtree, and of mistake, inadvertence, 9 surprise and excusable neglect in the failure of claimants to 10 file under California Government Code 5911. 2 for presentation 11 of claims, and upon the further ground that no prejudice has or 12 will result to the County of Contra Costa and its governing Board 13 of Supervisors by the granting of a late claim, all of which is 14 set forth more specifically in the Declarationof Kevin L. Domecus, 15 attached hereto and incorporated herein by reference. 16 WHEREFORE claimants request that leave be granted to 17 present. a late claim against you and each of you, and that you 18 receive and act upon the proposed claim attached hereto in accordant 19 with the provisions of California Government Code, including section 20 911 .4 , 911.61 911. 8 , 912.21 912.41 912 .6 and 913 thereof . 21 DATED: October 1984 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & O' REILLY 22 By: A-i-r- 23 KEVIN L. DOMECUS 24 Attorneys for Claimants 25 26 LAW OFFICES OF —2- WALKUP, 2WALKUP.SHELBY, BASTIAN.MELODIA. KELLY d O'REILLY A PROFESSIONAL CORPORATION THE HARTFORD BLDG.JOT.FLOOR O V 2 BSO CALIFORNIA STREET SAN FRANCISCO.CA 94108 14151 9817210 t . "PROPOSED" CLAIM AGAINST THE COUNTY OF CONTRA COSTA ON BEHALF OF DALE CRABTREE, JODY CRABTREE, AND DENISE MICHELLE CRABTREE TO: THE COUNTY OF CONTRA COSTA AND TO ITS BOARD OF SUPERVISORS DALE CRABTREE, JODY CRABTREE, and DENISE MICHELLE CRABTREE herewith present their claim for damages against the County of Contra Costa and its Board of Supervisors in the sum of $750 ,000 .00 . The particulars of the claim are as follows : NAME AND ADDRESS OF CLAIMANTS Dale Crabtree , Jody Crabtree, Denise Michelle Crabtree 360 North Civic Drive, #201 Walnut Creek, CA 94596 ADDRESS TO WHICH NOTICES ARE TO BE SENT Walkup, Shelby, Bastian, Melodia, Kelly & O' Reilly 650 California St. , 30th F1. San Francisco, CA 94108 (415) 981-7210 DATE, PLACE AND OTHER CIRCUMSTANCES WHICH GIVE RISE TO THIS CLAIM: The incidents giving rise to this claim occurred on October 22, 1983, at approximately 11 :30 p.m. , at the Veterans Memorial Building, 1250 Locust Street, Walnut Creek, California. At the above-mentioned time and place, the County of Contra Costa and its Board of Supervisors owned, maintained, operated and controlled said Veterans Memorial Building. On or about October 22, 1983, claimants ' decedent, Virginia M. Crabtree, was attending a private party at the aforementioned Veterans Memorial Building. While using an exterior stairway, the decedent fell and suffered severe injuries that eventually caused her death on October 23, 1983 . The decedent was caused to fall because the aforementioned stairway was maintained in a careless and negligent manner so as to cause it to be a dangerous, hazardous and defective condition, in that the adjacent lighting was poor and the stairs were poorly maintained and marked. 00013 EXHIBIT A Proposed Claim Against the County of Contra Costa on Bdhalf of Crabtree Family Page 2 EMPLOYEES CAUSING INJURY AND DAMAGES The names of the employees of said public entity responsible for the occurrences and the death of Virginia M. Crabtree herein described are unknown to claimants at this time. DAMAGES Virginia M. Crabtree' s death has resulted in wrongful death damages to her heirs, claimants herein, as provided by California law. AMOUNTS CLAIMED Claimants, Dale Crabtree, Jody Crabtree, and Denise Michelle Crabtree, the surviving husband and daughters of Virginia M. Crabtree, now deceased, have been deprived of a kind and loving wife and mother, and of her love, affection, comfort, care, society, companionship, protection, services and support, all to their general damages in the sum of $750 ,000 . 00 . Claimants also have incurred certain funeral and burial expenses, the exact amount of which is presently unascertained. DATED: WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & O' REILLY KEVIN L. DOMECUS Attorneys for Claimants 000114 LAW OFFICES OF 1 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & O'REILLY 2 A PROFESSIONAL CORPORATION 3 850 CALIFORNIA STREET SAN FRANCISCO, CALIFORNIA 94108 TELEPHONE 14151981-7210 4 5 ATTORNEYS FOR PLAINTIFF 6 7 8 BEFORE THE BOARD OF SUPERVISORS 9 OF THE COUNTY OF CONTRA COSTA 10 11 In the Matter of the Application ) of ) 12 ) DECLARATION OF DALE CRABTREE, JODY CRABTREE, ) KEVIN L. DOMECUS REGARDING 13 and DENISE MICHELLE CRABTREE, ) LEAVE TO PRESENT LATE CLAIM 14 for leave to present a late claim) to the County of Contra Costa. ) ,15 ) 16 I, KEVIN L. DOMECUS, declare: 17 I am an attorney at law licensed to practice before 18 all the Courts of the State of California, and I am a member of 19 the firm of Walkup, Shelby, Bastian, Melodia, Kelly & O'Reilly, 20 attorneys for claimants herein. 21 The applicant, Dale Crabtree,. is the husband of Virginia 22 M. Crabtree, deceased, and the applicants, Jody Crabtree and Denise 23 M. Crabtree, are the daughters of Virginia M. Crabtree, deceased. 24 On or about October 22, 1983 , Virginia M. Crabtree fell 25 down an exterior stairway at the Veterans Memorial Hall, Post 26 115, 1250 Locust Street, Walnut Creek, California. As a result 000115 1 of this fall, Virginia M. Crabtree suffered severe injuries that 2 caused her death on October 23 , 1983 . The County of Contra Costa 3 owned the building at 1250 Locust Street, Walnut Creek, California, 4 and Virginia M. Crabtree died as a result of the negligence and 5 carelessness of the County of Contra Costa and its agents , servants 6 and employees, because the stairway constituted a dangerous conditioll 7 of public property. 8 For all of the 100 days following the death of Virginia 9 M. Crabtree, her daughter, Denise Michelle Crabtree, was a minor 10 under the age of 18 years. 11 The claimants were severely traumatized by the death 12 of Virginia M. Crabtree, and Dale Crabtree and Denise M. Crabtree 13 received psychiatric counseling from November of 1983 through 14 June of 1984 . At no time were any of the claimants aware that '15 Contra Costa County owned, operated or in any way maintained the 16 Veterans Memorial Building. There is no denotation of county 17 involvement anywhere about the building itself. 18 Claimant Dale Crabtree spoke preliminarily with an attorney 19 in April of 1984 , and did not learn of any possible county involve- 20 ment until June or July of 1984 . This information was received 21 from a witness to the incident. The claimant at that time had 22 no knowledge of the claims presentation requirements. Claimant 23 retained the law firm of Walkup, Shelby, Bastian, Melodia, Kelly 24 & O' Reilly to investigate this matter in early September. On 25 September 10 , said attorneys received certain file materials from 26 the prior attorney that did not indicate anything about the building LAW OFFICES or WALKUP,SHELBY, BASTIAN,MELODIA, —2— KELLY R O'REILLY A PROFESSIONAL CORPORATION �3 1 THE HARTFORD ORO B10030TH FLOOR LOOR 650 CALIFORNIA STREET SAN FRANCISCO,CA 94108 14151 9817210 I ownership. I then hired an investigator to determine the exact 2 ownership status, and on October 2, 1984 , I did learn that the 3 County of Contra Costa owned the subject premises. This application 4 was filed promptly thereafter. 5 Prior to the claimant Dale Crabtree 's being informally 6 made aware of potential county involvement, the claimants were 7 completely unaware of the county' s ownership of the premises, 8 and said status was not widely known nor readily ascertainable. 9 The claimants were also completely unaware of the claims presenta- 10 tion requirements, and assumed that the only requirement with 11 which they needed to comply (assuming that they wished to file 12 suit) was the general one year statute of limitations. The only 13 indication of any governmental entity involvement in the case 14 was the name of the building, and the claimant presumed that such '15 involvement, if any, was on the part of the federal government. 16 The totality of circumstances described above constitutes 17 mistake, inadvertence, surprise and excusable neglect in regard 18 to the failure to file a claim within 100 days, and this application 19 is made within a reasonable time of the acquisition of the informa- 20 tion pertaining to the county' s involvement. 21 This application is presented within the one year period 22 prescribed in §911 . 4 of Government Code. 23 .� 24 25 26 LAW OFFICES OF WALKUP,SHELBY. _ BASTIAN.MELODIA, -� KELLY A 0•REILLY A PROFESSIONAL CORPORATION (� ^ + yyy,,,... THE HARTFORD BLDG JOT.FLOOR [ , t i Y BSO CALIFORNIA STREET lJ v.6 1Y SAN FRANCISCO.CA 94108 14151 981-7210 I I declare under penalty of perjury that the foregoing 2 is true and correct. 3 Executed this .�'."A , day of October, 1984 , at San Francisco 4 California. 5 6 T� c _.,. l_ 1� �Z., t c.• KEVIN L. DOMECUS 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 LAW OFFICES OF WALKUP,SHELBY, -4 BASTIAN,MELODIX KELLY 8 O'REILLY A PROFESSIONAL CORPORATION TME HARTFORD BLDGJOTX FLOOR 650 CALIFORNIA STREET SAN FRANCISCO,CA 94108 14151 9817210 r f APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT November 6, 1984 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application 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. Claimant: Jed Kirby aka Juddy Kirby County Counsel Attorney: Tad S. Shapiro OCT U 8 1984 Shapiro, Galvin & Shapiro Address: 1208 Fourth Street Martinez, CA 94553 Santa Rosa, CA 95404 Amount: $850,000.00 By delivery to Clerk on Date Received: October 5, 1984 By mail, postmarked on postmark not legible I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claims. DATED: October 5, 1984 PHIL BATCHELOR, Clerk, By Ld� Deputy olene Edwards II. FROM: County Counsel TO: Clerk of the Board 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 911.6). DATED: VICTOR WESTMAN, County Counsel, By fCr� /� i ��,ZDeputy III. BOARD ORDER By unanimous vote of Supervisorspresent (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 BATCHELOR, Clerk, By �,(%_ �i Deputy WARNING (Gov. Code 5911.8) 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 Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court 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 consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed 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 Board's copy of this Claim in accordance with Section 29703. DATED: //-/3- 8 PHIL BATCHELOR, Clerk, By Q�• �L Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. 0 0 0 1 9 DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM RECEIVED eci s; '�Qd 6t u In the Matter of the Claim of JED-XIRBY, aka JUDDY KIRBY, APPLICATION FOR LEAVE against: TO PRESENT LATE CLAIM [Gov't Code Section 911.41 THE COUNTY OF CONTRA COSTA TO: BOARD OF SUPERVISORS FOR THE COUNTY OF CONTRA COSTA: 1. Application is hereby made, pursuant to Government Code Section 911 .4, for leave to present a late claim founded on a cause of action for personal injuries which occurred on or about October 51 1983► for which a claim was not presented within the 100-day period provided by Section 911 .2 of the Government Code. For additional circumstances relating to the cause of action, reference is made to the proposed claim attached hereto as Exhibit "A". 2 . The failure to present this claim within the 100-day period specified by Section 911 .2 of the Government Code was through mistake, inadvertence, surprise and excusable neglect of claimant as more particularly shown by the Declaration of Jed Kirby and Tad S. Shapiro attached hereto and made a part hereof. Additionally, Claimant's cause of action did not accrue until on or after April 26 , 1984 within the meaning of Code of Civil Procedure Section 340 . 5 . Thus his 100- day statute of limitations did not start to run until on or after that date. The County of Contra Costa was not prejudiced by the failure to timely file the claim, as shown by the Declaration of Tad S. Shapiro attached hereto. 000120 3 . This Application is presented within a reasonable time after the accrual of claimant's cause of action, as more particularly shown by the Declaration of Tad S. Shapiro attached hereto. WHEREFORE, it is respectfully requested that this Application be granted and that the attached Claim be received and acted upon in accordance with Sections 912 .4 - 913 of the Government Code. DATED: ,September , 1984 , TAD S. SHAPIRO Attorney for Claimant Notices relating to this Application are to be sent to: Tad S. Shapiro, LAW OFFICES OF SHAPIRO, GALVIN & SHAPIRO, 1208 Fourth Street, Santa Rosa, CA 95404. 000121 RECEIVED J.Ft. AID O8N OLSS CLERK BOARD OF SUPERVISORS ONT A COSTA O. BY DQD�Y CLAIM OF JED KIRBY aka JUDDY KIRBY AGAINST THE COUNTY OF CONTRA COSTA (Government Code Section 910) T0: The Board of Supervisors of the County of Contra Costa PLEASE TARE NOTICE that pursuant to ,the provisions of the Government Code of the State of California, this Claim is hereby presented to you, and each of you as follows: 1. NAME AND ADDRESS OF CLAIMANT Juddy Kirby 3119 Mount Aire Drive Antioch, California 94509 2. ADDRESS TO WHICH ALL CORRESPONDENCE AND NOTICES RELATING TO THIS CLAIM ARE TO BE SENT: Tad S. Shapiro LAW OFFICES OF SHAPIRO, GALVIN & SHAPIRO 1208 Fourth Street Santa Rosa, CA 95404 (707) 544-5858 3. GENERAL DESCRIPTION OF THE CIRCUMSTANCES GIVING RISE TO THIS CLAIM: On or about October 5, 1983, Claimant, Jed Kirby, also known as Juddy Kirby, was received in the emergency room at the Contra Costa County Health Services facility in Martinez, Contra Costa County, California. At that time, Claimant complained to Dr. Page, who was on duty, of left foot pain. Claimant informed Dr. Page that he had stepped on a nail several weeks prior to coming to the hospital. Exploratory surgery was done on the top of Claimant' s foot and a Tetanus shot was given. Subsequently, Claimant' s foot became swollen and after several months, Claimant's condition was diagnosed as Gaseous Gangrene, necessitating a partial amputation of his left foot. At no time during Claimant's visit to the emergency room at Contra Costa County Health Services was an x-ray taken of Claimant's foot which would have revealed a portion of a nail in Claimant's foot. Investigation is continuing as to other facts and circumstances surrounding this claim. Claimant had no reason to believe that the County of Contra EXHIBIT A 00©122 Costa was negligent until on or after April 26 , 1984. Therefore, Claimant's cause of action did not accrue within the meaning of Code of Civil Procedure Section 340 .5 until that date. This started the running of Claimant's 100 days for the filing of a Government Claim within the meaning of Government Code Section 911.2. , 4. GENERAL DESCRIPTION OF THE INJURIES, .DAMAGES AND LOSS INCURRED SO FAR AS IT IS KNOWN AT THE TIME OF THE PRESENTATION OF THIS CLAIM: As a direct and proximate result of the actions referred to above, Claimant suffered severe mental and physical pain and suffering , anxiety anguish , emotional distress and loss of enjoyment of life with specific damages being that Claimant developed Gaseous Gangrene in his left foot, which resulted in the partial amputation of said foot. 5. NAMES OF PUBLIC EMPLOYEES KNOWN AT THIS TIME TO BE INVOLVED: Dr. Page 6. AMOUNT CLAIMED AS OF DATE OF PRESENTATION OF THIS CLAIM: a) General damages sustained by Claimant (Past and future) $500,000.00 b) Projected future medical expenses $100,000.00 c) Past and future loss of earnings and loss of earning capacity S250.000.00 TOTAL $850,000.00 DATED: July , 1984 LAW OFF, , 70 , SHARO, GALVIN & SHAPIRO By e TAD S. SHAPIRO, Attorney for Claimant 000123 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF APPLICATION FOR RELIEF FROM CLAIM FILING REQUIREMENTS 3. Introduction The following authorities are submitted in support of Claimant's Application for Leave to Present a Late Claim. As can be seen from the Declaration of Jed Kirby, the earliest Claimant could be deemed to have discovered or have had notice of the possible negligence of the County of Contra Costa was April 26, 1984. Thus, Claimant's cause of action for medical negligence did not accrue until that date, making the claim of July 20, 1984 timely. 2. The Time for Filing a Government Tort Claim for Medical Negligence Begins to Run on the Date the Claimant Discovers or Reasonably Should have Discovered his Injury and its Negligent Cause In Whitfield v. Roth (1974) 10 Cal.3d 874, 885 [112 Cal.Rptr. 540] the California Supreme Court addressed the issue of when the claim limitation period began to run in a medical negligence setting: "The date of accrual for purpose of starting the claim limitation period 'is the same as for the statute of limitations which would otherwise be applicable.' Therefore Mary's cause of action for damages for medical malpractice against the County accrued when Mary's mother, Mrs. Chandler, discovered, or through the exercise of resonable diligence should have discovered Mary's injury and its negligent cause. It was then required that not later than the 100th day after such date of accrual, a claim relating to such cause of action be presented...." (1d, at page 885) In order for the cause of action to accrue, the plaintiff or 0001124 claimant must have notice or information of circumstances to put a reasonable person on inquiry . Sanchez v. South Hower Hospital (1976) 18 Cal.3d 93, 101 [132 Cal.Rptr. 6571 . In this case, claimant presented himself at Contra Costa County Hospital with what he believed was an infection. After giving a history he was examined and told to soak his foot and take antibiotics. He followed doctors orders and in late March, 1984 was hospitalized for what was then diagnosed as gasseous gangrene. Counsel was consulted on or about April 26, 1984 and at that time, at the earliestclaimant was on notice of defendant's negligence. Moreover, where the claimant is not knowledgeable in medical matters, he or she will not be helds to a high degree of inquiry. This is illustrated by Wozniak v. Peninsula Hospital (1969) 1 Cal.App.3d 716, 724 [82 Cal.Rptr.84] in which claimants were hells to have timely filed their claim where the claim was filed sixteen months after their daughter had a cardiac arrest during eye surgery and eight months after a nurse advised them of the negligence of defendant. The court recognized the abnormal result of the surgery, but refused to determine that the result put claimants on inquiry. ( at page 725) 3. Failure to Grant Claimant's Application for Leave to Present Late Claim is Tantamount to Deciding the Issue of Delayed Discovery as a Matter of Law As stated by the Court in Wozniakr supra,: "Rize question of when there has been a belated discovery of the cause of action, especially in malpractice cases, is essentially a question of fact. The facts and circumstances of the medical treatment rendered a patient are within the exclusive knowledge of the hospital and the attending physicians. It is difficult to understand hI person could -discover the cause of the injury until he has obtained that information. [citations omitted] 000,125 It is only where reasonable minds can draw but one conclusion from the evidence that the question be- comes a matter of law. (jd,, at page 725, emphasis added) Thus, failure to grant this application is a finding that Claimant discovered the negligence of the County of Contra Costa more than 100 days prior to filing his claim. It is contended that such a determination cannot be made as a matter of law. 4. Conclusion For the foregoing reasons, it is respectfully urged that the County of Contra Costa grant the within application and take action on the attached claim. TAD S. SHAPIRO 000126 DECLARATION OF TAD S. SHAPIRO IN SUPPORT OF APPLICATION FOR LEAVE 70 PRESENT LATE CLAIM I, TAD S. SHAPIRO, declare: I am an attorney at law, duly licensed to practice in the State of California and am counsel of record for Claimant Jed Kirby aka Juddy Kirby in the instant case. On. April 26, 1984 I met with Mr. Kirby and discussed a potential medical negligence action with him. I was informed at that time that Mr. Kirby had not consulted with other counsel. At that time, Mr. Kirby was still being treated at John Muir Hospital and was still hospitalized for the injuries which he had sustained. I believe at the earliest, claimant discovered or should have discovered the negligence of the County of Contra Costa on the date above mentioned. I did not receive medical records from the County of Contra Costa until the last week in July of 1984 and was not able to determine the viability of my client's claim until after that date. I do not feel that the County of Contra Costa would be prejudiced by the alleged failure to timely file this claim as presumably the County of Contra Costa keeps adequate records of patient treatment and will be able to reconstruct the events which occurred on or about Octobe 5, 1983 through their own employees and records. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Santa Rosa, California on October L 1984. TAD S. SHAPIRO 000127 DECLARATION OF JED KIRBY aka JUDDY KIRBY IN SUPPORT OF APPLICATION FOR LEAVE TO PRESENT LATE CLAIM I, JED KIRBY aka JUDDY KIRBY, declare: I am an adult over the age of eighteen and reside in the County of Contra Costa, State of California. I make this declaration based on my personal knowledge. On or about October 5, 1983 I went to the emergency roan at the Contra Costa County Health Services facility in Martinez to have my left foot examined. At that time, I was examined by Dr. Page who examined my foot. He prescribed some antibiotics for me and advised me to soak my foot on a regular basis. I followed doctors orders and during February, 1984 I consulted my private physician regarding my foot. He advised me to follow the orders of Dr. Page the emergency roan physician at the Contra Costa County Health Services facility in Martinez and I did so. Subsequently, in late March, 1984 I was hospitalized and treated for gaseous gangrene due to remnants of a nail being in my foot. I first discovered that a portion of a nail remained in my foot on March 23, 1984. In light of the above, I have no reason to suspect negligence of the County of Contra Costa in my medical care or treatment until on or of ter I f irst consulted with counsel on April 26, 1984. On that date, I met with Tad S. Shapiro of Shapiro, Galvin & Shapiro and discussed this matter with him. I have never received any specialized medical training or training in any of the health care provider fields. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at 000128 California on Septe xr , 1984. JID RIBBY aka JUDDY KIRBY 000129 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT November 6, 1984 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Deborah and David Seeley Attorney: J. Michael Mahin 1900 Olympic Blvd. , #201 Address: Walnut Creek, CA 94596 Amount: $100,000.00 By delivery to clerk on Date Received: October 12, 1984 By mail, postmarked on October 9, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. y� ) Dated: October 12, 1984 PHIL BATCHELOR, Clerk, By _h/ c (vc+��aJ Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) 01 This claim :complies, substantially with Sections,910 and d g10�a5�.o�4c etc-"210 r�riZL�.v /oo dor r"; 1Fo rLu. /' 7 p� cq?. ( ) This claim ILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910. a!!, Y(a ad at& &<C4A� mere_ �1 a rs mb des pv-c o f h 4�, f ) Claim is not timely filed Clerk0should return clair6 oto ground that It iled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( Other: -�,, re ov 04 tl i r xz_,,_ ✓yl 4) ✓ a rete;! en L2YA _ z ar'/,oYis Dated: - 2- By: Deputy County Counsel III. FROM: Clerk of the Board TO: ) County Counsel, 2) County Administrator (X) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( ) This claim is rejected in full. ( X ) Other: This claim is rejected relative to those acts occurring within IOU clays to trie flitng of trils claim. I certify that this is a true and correct copy of the Board's Order entered in its mir�to�s fgr1WR date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( X ) A warning of claimant's right to apply for leave to present a late claim was mailed olai DATED:tglovmt' 1984 PHIL BATCHELOR, Clerk, By /-Y- ,,��,— , Deputy Clerk County Administrator (2) County Counsel (1) 0® L c: 0 70 i CLAIM A PROFESSIONAL CORPORATION ATTORNEY AT LAW 1900 OLYMPIC BOULEVARD,SUITE 201 WA xvyv Cau®u, CA 89600 �\ (4b 938'6920 'E C INT �Y7F;D October 8, 1984 1 �+ .5.� OCT i, 19p4 TO : Clerk of the Board of Supervisors PHIL BATCHELOR K BOARD Of ,UPE4'AS0RS Re : Claim for damages against Contra Costa County Hospit B ` °T y` S." Action No . : Enclosures : Summons , Complaint and check to cover filing fee Notice of Taking Deposition Request for Production of Documents Motion to Compel Answers to Interrogatories Memorandum That Civil Case is at Issue Stipulation Request for Dismissal XX Claim for Damages Against Contra Costa County Hospital Instructions : XX File original and return endorsed copies Issue original summons , conform copies and return VERY TRULY YOURS , J . MICHAEL MAHIN 000131 eT. �YCHAI�Y. MAHYN A PROFESSIONAL CORPORATION ATTORNEY AT LAW 1900 OLYMPIC BOULEVARD,SUITE 201 Wsi.xcrr Caxxx, CA e+aaa (415)938-6920 RECEIVED - October 8, 1984 OCT /;�/ '.1Q4 PMit DATfNEtOQ (:FIK SpAkU Oi iUr'L 1:giCP.: lCi4:" e...C:. Clerk of the Board of Supervisors ° 651 Pine Street Martinez, CA 94553 CLAIM FOR DAMAGES AGAINST CONTRA COSTA COUNTY HOSPITAL 1 . NAME OF CLAIMANT: DEBORAH SEELEY AND DAVID SEELEY 2. HOME ADDRESS: 1554 Norine Drive, Pittsburg, CAlifornia 3. TELEPHONE NUMBER (415) 938-6921 4. SEND NOTICES TO: J. MICHAEL MAHIN Attorney at Law 1900 Olympic Blvd. , #201 Walnut Creek, CA 94596 5. DATE AND TIME OF OCCURRENCE: This is a malpractice action. The ex- ploratory surgery for determination of appendicitis took place on September 4, 1984. The removal of an ovary and cyst took place on May 22, 1984. 6. EXACT PLACE OF OCCURRENCE: Contra Costa County Hospital , Martinez, California. 7. DESCRIBE IN FULL DETAIL HOW THE INJURY OR DAMAGE OCCURRED: The doctors and employees of the Contra Costa County Hospital delayed doing an ex- ploratory which discovered that the appendix needed to be removed. The doctors in checking the patient, Deborah Seeley, earlier believed that it was a cyst in the ovary and tube that had to be removed. It later turned out that the cyst was one that the ovary and tube did not need to be removed. 8. PARTICULAR, ACT OR OMISSION BY A CITY AND/OR COUNTY EMPLOYEE, OFFICER OR AGENT CAUSING THE INJURY OR DAMAGE. The Contra Costa County Hospital , through its agents and employees and independent contractors, failed to diagnose and treat what was an appendicitis and delayed diagnosis and misdiagnosed the pain as a cyst to the ovaries and tubes and as a result of said misdiagnosis removed the ovary and tube when said removal was not medical necessary. 000132 Clerk of the Board of Supervisors Re: Seeley October 8, 1984 -2- 9. NAMES OF THE CITY AND/OR COUNTY EMPLOYEE, OFFICER OR AGENT CAUSING THE INJURY OR DAMAGES, IF KNOWN, (IF UNKNOWN, SO STATE) : All hospital employees contained in the medical records of the Contra Costa County Hospital . 10. DESCRIBE THE FULL EXTENT TO INJURIES AND DAMAGES CLAIMED: Mr. David Seeley loss of services and consortium of his wife. Deborah Seeley loss of ovary and tube and delay in operating for appendicitis of approximately four months which caused extreme pain and loss of income as a result of not being able to work. 11 . TOTAL AMOUNT CLAIMED: $25,000.00 - David Seeley; $75,000.00 - Deborah Seeley. 12. NAMES, ADDRESSES AND TELEPHONE NUMBERS OF WITNESSES, DOCTORS , HOSPITALS AND ANY PERSON WHO CAN SUBSTANTIATE Y.'OUR. CLAIM.OR THE AMOUNT CLAIMED: All hospital employees contained in the medical records of Contra Costa County Hospital . DATED: L CITAW MAH IN 00-133