HomeMy WebLinkAboutMINUTES - 09122006 - C.22 CLA IN
13UARlJ OF SUPERVISORS Or CONTRA COSTA COUNTY •
oC!`�
BOARD ACTION: SEPTEMBER 12, 2006
Claim Against the Comity, or District Governed by )
the Board of Supervisors, .Routing Endorsements, ) NOTICE. TO CLAIMANT
and Board Action. All Section references are to ) The copy of this document mailed to
California Government Codes. ) you is your notice of the action taken
D
L4(99M ) on your claire by the Board of
Supervisors. (Paragraph IV below),
AUG 0 1 2006 given Pursuant to Government Code
Section 913 and 915.4. Please note all
AMOUN I':
$11000.2000. COUNTY COUNSEL "Warnings".
MARTINEZ CALIF.
CLAII\-IANT: BRIAN A. JOHNSON
i
ATTORNEY: UNKNOWN DATE RECEIVED: AUGUST 01, 2006
ADDRESS: 109 DENORMANDIE WAY, BY DELIVERY TO CLERK ON: AUGUST 01, 2006
MARTINEZ, CA 94553 RECEIVED THROUGH
BY.MAIL POSTMARKED- INTER OFFICE MAIL
FROM: Clerk of the Board of Supervisors 'TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN CULLEN, r
Dated: AUGUST' Ol, 2006 By: Deputy
11. FROM: County Counsel 1,0: Clerk of the Board of Supervisors
(. this claiiii.coillphes substantially with Sections 910 and 910.2.
( ) This Claim FALLS 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).
O Claim is not timely tiled. '.the ,Clerk should ret rl) claim on ground that it was filed late and
send warning of claimant's right t(i apply for leave to present a late claim (Section 911.3).
O Other: --- -- — —
Dated: By. `►_deputy County Counsel
I If FRONI: Clerk of the•Board' .10: County Counsel (1) County Administrator (2)
O Claimwas returned as untimely with notice to claimant (Section 911.3). —
IV. OA.RD ORDER: By urraninrous vote of the Supervisors present:
(� This Claim is rejected in full.
( ) Other:
1 certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: '• A?P24e7408N CUL.LEN, CLERK, By eputy Clerk
tiVA_ N G (Gov. code section 9.13)
Subject to certain exceptious,you have only six(6)months fr-ont the(late this notice was personally served
ur deposited ill the mail to file a coral action on this claim.See Govenuuent Code Section 945.6.You may
seek the advice of au attorney of your choice in connection with this matter. If you want to consult all
*Fur Additional`Varrwrg See Reverse Side of This Notice.
allvrlrey,you sholdd do so iuuuediately. `
JAITIDAVITOF MAILING
I declare under penally of perjury flint I am irow, and at all times herein mentioned, have
been a citizen of the United;Slates, over age IS; and that today .1 deposited in the United
Stades 1'05011 Service in M.au;tincz, California, postage frill) prepaid.a certified cope of t.his
Ironed Order :red Notice to Clariurarnl., m1dressed to file 0,0111,1111 ars shon'n 0101'e.
Dated: __ �`3 °?-fid I(1flN C1_11_:1_.1 i�l, C'I.,Elz,l.� 13}' _ _— _I.)elilr(y Clerl:
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
II�LSTftQCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action:' Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to; any other cause of action-must be presented not
later than one year after the accrual of the cause of action. (Govt. Code §911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553•
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec: 72 at the end of this
7 orm.
RE: Claim By ) Reserved for Clerk's. filing stamp
Rr I(A �n A e-
'-- I ° RECEIVED
rllp'.
'Agai t t e County o Contra ;Costa ) AUG 0 1 7006
� c� or . )
CLERK BOARD OF SUPERVISORS
Z District) CONTRA COSTA CO.
Fill in name))
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ o e_c) )���_ and in support of
this claim represents as follows;. .
1. When did the damage or injury occur? (Give exact date and hour)
�IL)o
—!—LE------------ ---
2. Where did the damage or injury occur? (Include city and county)
3. How did the ,damage or injury occur? (Give full details; use extra Pape if
required) \AlAefl 1 04S�/�'C4vSS11�8 A4epew k)�6 /I f_ 4� V1 2.4, OW ce-r � �US�✓17��si1
le;'lcaale ho sip, 1>c ke(j ,"Lvo �'Cef iq Fc�7�Q��,e .c, v f�e r&.0& .AIX-V
frn� 'c�-vns''//�b��� Y /�e�,i And &I k)A.S 6► ,��. lei ��1d� /� � sc4r-� ate/
Av
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
CCCS C�' C'
J.V_' H 15 . d,olo `•cck1 -;7-;2c_
. i .
I 7h
5. WnaL are Lne n3meb ul CuLulLy cu' u1�l.1"1C U V1111=1'09 0=1 Ya11lrJ V1' awJdlUY==Z U=LAO1116
the-dam e or- injury?
I �
6. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
f
T LO
LACCL- C410y)�� eco _
7. How s the amount claimed above d? (Include .the estimated unt of any
/ s t1v1e e
) 0
J j i
C{C% S IG,{'1/1/,�Lr �,•t �j) l;, � C ���'� bl 11 he l ce' 14Z�
8. Names and addresses of witnesses, doctors and hospitals. p
kc &t% cewTer� A5t-a 1114 b►z.Au�c�r�,�,C
J� -�1 D2 ,,,,11,hn ), , j. ve `YScc1 �SW�I`et ,6�s1�c���,•��
9. List the expenditures you made on ' (count of this accident or injury:
DATE ITEM i /. . AMOUNT
OFTI
Gov. Code Sec. 910:2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or by some person n his behalf."
Name and Address of Attorney
(CWx6antls Signature
�C,
Address
Telephone No. � , Telephone No.
� * T * f �t � � aff
I
NOTICE
Section 72 of. the Penal Code provides:
"Every person Who, with intent to de fraud, _presents 'for allowance or for
payment to any state board or officer; or to .any county, city or district board or
officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than cne year, by a fine of not exceeding
one thousand'.($1,000), or by both such imprisonment and fine; or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by
both such imprisonment and fine.
I
- � cl;AlNl
BOAIW OF SUPERVISORS OF CONTRA COSTA COUNTY •� 04r
BOARD ACTION: SEPTIIKBER 12, 2006
Claim Against the County,.or District Governed by )
the Board of Supervisors, .Routing Endgrsements, . ) NOTICETO CLAIMANT
and Board Action. .All Section references are to ) Che copy of this document mailed to
California Government Codes. ) you is your notice of the action taken
Ex�gII � on your claim by the Board of
Supervisors. (Paragraph IV below),
AUG.0 7 2006 D� given Pursuant to Government Code
Section-913 and 915.4. Please note all
AMOUNT: unknown COUNTY COUNSEL "Warnings".
MARTINEZ CALIF.
CLA-I M/\_NT- CORNELIUS L. GREEN
#2005025145 AUGUST 07, 2006
A'1'TUI.WFY: UNKNOWN DATE RECEIV.F_u:
ADDRESS: WEST COUNTY DETENTION FACIErMEL.IVERY 'fO CLERK ON: AUGUST 07, 2006
' 5555 GIANT HIGHWAY
RICHMOND CA 94806 AUGUST .04 2006
' BY.NIAIL POSTMA_KKED:
FROM: Clerk. of the Board of Supervisors 'r0: County Counsel
Attached is a copy of the above-noted claire.
AUGUST 07, 2006 JOHN C U L.LEN, r
Dated: By: Deputy
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
O phis claim complies substantially with Sections 910 and 910.2.
(V-11'his Claim FAILS to c.oniply substantially with Sections 910 and 910.2, and we are so
notifying claimant. The Board cannot act for 15 days (Section 910.8).
O Claim is not timely filed' The Clerk should return claim on ground that it was filed late and
send warning of claimant's right to apply for leave to present a late claire (Section 911.3).
O Other:
Dated: By: °�� Deputy County Counsel
111. FROM: Clerk of tlre'Board TO: County Counsel (1) County A.drninistrator-(2)
O Claim was returned as untimely with notice to claimant (Section 911.3).
�. IV. ARD O.R.D.ER: .B;'y unanimous vote of the Supervisors present.
( .l'his Claim is rejected in full.
( ) Otlrer:
I certify that thisJs a true and correct copy of the Board's Order entered in its minutes for
this date.
llated: 4' . !�%HN CULLEN, CLERK, By Deputy Clerk
WA[ 1 G (Gov. code section 913)
Subject to ceibin exceptions,you have only six(6)months fivm the date this notice was personally served
or deposited in the mail to file a covet action on this claim.See Government Code Section 945.6.You may
seek the advice ohm attorney of your choice in connection with this matter. If you want to.consult an
attorney,you should do so immediately. *.For Additional Wambrg See Reverse Side of Ilds Notice.
AFFIDAVIT OF MAILING
declare under penalty of perjuiy that .1 am-now, and at all times herein mentioned, have
been a citizen of Ilse Uniletl Stales, over age 18; and that today I deposited in the United
States Postal Se1'141'e in Plau-tincz, CaliRrrnia, imstage hilly prepai(l n certified copy of this
13o:11(I (_leder an(.I rvotice to C'I:►iulan[, a(I(lressed to (Ire (.1.0111.111( ns shown above.
I.)ale _.��� �.� I(:Illl`J 1.3De run Clerk.}/- 4314F— --- -- I }
OFFICE OF THE COUNTY COUNSELsE--L SILVANO B.MARCHESI
COUNTY OF CONTRA COSTA �► •=" =-'•9� COUNTY COUNSEL
Administration Building
651 Pine Street, 9' Floor — ,a SHARON L. ANDERSON
CHIEF ASSISTANT
Martinez, California 94553-1229• _4F
GREGORY C. HARVEY
(925) 335-1800 �� + ;l11�11J1 �o ;'� VALERIE J. RANCHE
(925) 646-1078 (fax) `�'.� a H _ ASSISTANTS
sra'
66"jlA
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: Cornelius L. Green
42005025145
West County Detention Facility
5555 Giant Highway
Richmond, CA 94806
RE: CLAIM OF CORNELIUS L. GREEN
Please Take Notice as Follows:
The claim you presented against the County of Contra Costa or District governed by the Board of
Supervisors fails to comply substantially with the requirements of California Government Code Section
910 and 910.2, or is otherwise insufficient for the reasons checked below:
[X] 1. The claim fails to state the name and post office address of the claimant.
[X] 2. The claim .fails to state the post office address to which the person presenting the claim desires
notices to be sent.
[X] i. The claim fails to state the date, place or other circumstances of the occurrence or transaction
wli.ich gave rise to the claim asserted.
JX] 4. The claim fails to state the name(s) of the public employees) causing the iniury. damage, or
loss. if known.
[X-1 5. , The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000).
If the claim totals less than ten thousand dollars ($10,000). the claim fails to state the amount
claimed as of the date of presentation, the estimated amount of any prospective injury, damage
or loss so far as known, or the basis of computation of the amount claimed.
] 6. The claim is not signed by the claimant or by some person on his or her behalf.
Cornelius L. Green
Re: Claim of Cornelius L. Green
Page Two
[X 17. You are required to submit your claim on the proper form. which is enclosed. Please resubmit
your claim on the enclosed form, including all the required information. Gov. Code, § 910.4.
Please be aware that you have only a limited period of tune in which to Idle an amended claim.
See Gov. Code, § 910.6.
[ ] 8. Other:
SILV ANC) B. MARC1lES1
COUNTY COUNSEL
By• _ 44L
Monika L. Cooper
Deputy County Counsel
CERTIFICATE OF SERVICE BY MAIL
(Code Civ. Proc., §§ 1012, 1013x, 2015.5, Evid. Code, §§ 641, 664)
1 am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My
business address is Office of the County Counsel, 651 Pine Street. 9th Floor, Martinez, CA 94553-1229. On
August 8, 2006, 1 served a true copy of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing the
document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez. California
addressed to Cornelius L. Green, #2005025145, WCSt County Detention Facility,5555 Giant Highway. Richmond,
CA 94806, as set forth above. I am readily familiar with Office of County Counsel's practice of collection and
processing of correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service
on that same day with postage thereon fully prepaid in the ordinary course of business.
I declare under penalty of perjury under the laws of the State of California and the United States of America that
the above is true and correct. Executed on August 8. 2006 i 'Martinez California.
Kathleen O'Connell
cc: Clerk of the Board of Supervisors (original)
Risk Management
Page 2
RECEIVED
AUG 0 7 200fi 7- Z-7 -0 �
CLERK BOARD OF SUPERVISORS
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----_ -_--__-__-_-___-_ -----_---------_._-- - __-- '----_-_--.� _____�
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---- ------- ----------� 7 � - ' -
1
2
3
4
5 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
6 IN AND FOR THE COUNTY OF CONTRA COSTA
7 ---000---
81 PEOPLE OF THE STATE OF CALIFORNIA. =PJ
9 Plaintiff. ) NO. 2-252339-1
10 V. )
)
11 CORNELIUS LASHAWN GREEN. )
Defendant. )
12 )
13 : BEFORE THE HONORABLE JOHN H. SUGIYAMA, JUDGE
14 DEPARTMENT 14
15 COUNTY BUILDING, .;,RICHMQNQf CALIFORNIA
16 '-AUGUST 2, 2005
17 REPORTER' S TRANSCRIPT OF PROCEEDINGS
18 ---000---
19 A P P E A R A N C E S:
20 For the People: ROBERT KOCHLY
District Attornev
21 Bv: ALAN BAKER
FRED MARTINEZ
22 Denllty District Attornev
23 Contra Costa County
_ For Defendant: DAVID COLEMAN
24Public Defender
Bv: REBECCA BRACKMAN
25 Denuty Public Defender
26 Contra Costa County
27 REPORTED BY: CYNTHIA COLLINS ERICKSON
CSR #10055
28
CYNTHIA COLLINS ERICKSON, CSR 10055
2
1
2 I N D E X
3 PEOPLE' S WITNESS: DIRECT CROSS REDIRECT RECROSS VD
4 NONE
5
6 , DEFENSE WITNESSES:
7 . NONE
8
I
9
10 E X H I B I T S
11 PEOPLE'S EXHIBIT: I. D. EVID.
12 '. NONE
13 :
14 DEFENSE EXHIBIT: I.D. EVID.
15 NONE
16
17
18
19
20
21
22
23
24
25
26
27
28 ,
CYNTHIA COLLINS ERICKSON, CSR 10055
3
1 AUGUST 2, 2005
2 P R O C E E D I N G S
3 ---000---
4 Cornelius Lashawn Green.
5 The record will reflect Mr. Martinez is present
6 . for the People, that Ms. Brackman is present representing
7 - Mr. Green, and that Mr. Green is present in custody.
8 Ms. Brackman, what' s the situation?
9 MS. BRACKMAN: Well, the first situation
10 is that Mr. Green would like to file a Faretta motion or
11 have a Faretta motion heard. He seeks to represent
12 himself. I don't know if the Court has that. There' s
131 normally a form --
141 THE COURT: Right.
15 MS. BRACKMAN: -- that we have to fill
16 out.
17 (Recess taken. )
18 ---000---
19
20
21
22
23
24
25
26
27
28
CYNTHIA COLLINS ERICKSON, CSR 10055
4
1 THE COURT: If the requested motion was
2 granted, what would be the effect in terms of the
3 preliminary?
4 MR. BAKER: For which case?
5 THE COURT: This would be Mr. Green.
6 Self-representation.
7MR. BAKER: I think the time waiver
8 status would remain unchanged. I don' t think it would
I
9 make any difference and it looks like --
10 . THE COURT: Today' s --
11 MR. BAKER: It looks like 60 was already
12 waived.
13 : THE COURT: I have it as today being the
14 � 9th day.
15 MS. BRACKMAN: On which case?
16 THE COURT: For Mr. Green.
17 MS. BRACKMAN: He' s still in custody. A
18 warrant was issued, and it started a new clock.
19 MR. BAKER: Oh, okay.
20 Since the case was vacated at the defense
21 request, we'd ask Mr. Green to waive 10 and set it within
22 60, I guess. I mean, our position is that once time
23 waived, it' s waived. But I think the Court takes a
24 ' different different view of it.
25 THE COURT: Okay.
26 MS. BRACKMAN: What was the question,
27 Mr. Baker?
28 THE COURT: We' re going to need Mr. Green
CYNTHIA COLLINS ERICKSON, CSR 10055
5
1 to remain.
2 MS. BRACKMAN: He' s going to come over
3 here.
4 THE COURT: Mr. Baker, do you happen to
5 know what the maximum punishment might be?
6 MR. BAKER: For?
7 , THE COURT: For Mr. Green.
8 ' MS. BRACKMAN: I think it' s 15. 8 .
9 ! THE COURT: Mr. Baker, based on your
10 experience is the waiver taken by the Court or District
11 Attorney?
12MR. BAKER: I haven't done Faretta
13 ; waivers. The only ones I 've seen were done by the Court.
14I They don't involve us under normal circumstances.
15 THE COURT: Okay, thank you.
16 (Ms. Brackman and Mr. Green confer. )
17 (Mr. Baker leaves the courtroom. )
18 (Recess taken. )
19 MS. BRACKMAN: Judge, Mr. Green' s
20 completed the form. There' s two items on it he has
21 concerns or questions about. Maybe if the Court goes
22 over it, it might help.
23 THE COURT: All right.
24 (Discussion off the record. )
25 THE COURT: This is the matter of
26 Cornelius LaShawn Green, 282339-1 . The record will
27 reflect that Mr. Baker is present for the People, that
28 Ms. Brackman is present representing Mr. Green, and that
CYNTHIA COLLINS ERICKSON, CSR 10055
6
I Mr. Green is present in custody.
2 Ms. Brackman, for the record?
3 MS. BRACKMAN: Judge, we had discussions
4 off the record. Mr. Green, it sounds like, may be
5 interested in filing a Faretta motion.
6 For now, what we' re going to do is proceed with
7 ! me as his attorney. There' s been some negotiations in
8 the works, so what we' ll do today is enter a 10-day time
9 � waiver, and I ask it be put over just until next Tuesday
10 to set so that we can find out what the District
11 Attorney' s position is, and then Mr. Green can make a
12 determination about what he wishes to do a final thing.
13, I'm going to ask this Court consider Mr. Green' s
14 custodial status. I have additional information. I
15 don't know if we wanted to do the 10-day waiver first.
16 THE COURT: Let' s take care of that first.
17 MS. BRACKMAN: Okay.
18 THE COURT: Q. Mr. Green, you have a
19 right to have a preliminary hearing conducted within 10
20 court days from the date of your arraignment.
21 Do you understand that right?
22 A. Yes, sir.
23 Q. And you give up that right?
24 . A. Yes, sir.
25 THE COURT: And, Ms. Brackman, you concur
26 in the waiver?
27 MS. BRACKMAN: I know.
28 , THE COURT: The Court finds Mr. Green has
CYNTHIA COLLINS ERICKSON, CSR 10055
1 freely, knowingly, voluntarily and intelligently waived
2 his right to have a preliminary hearing conducted within
3 10 days from the date' of his arraignment. In that
4 regard, Mr. Baker, it means the new 60th day would be
5 September 19th.
6 ' MR. BAKER: Thank you.
7 . THE COURT: We' ll then put this on for
8 setting. And you want it early set next week, August
9 � 9th? Then this will be on for setting August 9th., 2005,
10 at 8 :30.
11 MS. BRACKMAN: If I could have one
12 second?
13 Judge, with respect to Mr. Green' s custodial
3
14L status.,... he had been on an O.R. on the case back in August
15 .. .of 2004 . He was OR' d. He had a -- we waived his 1381
_... _.
16 waived time. That was with the District Attorney' s
17 agreement, Mr. Clark' s .
18 . He then was out of custody and made six or seven
19 . „ appearances..,.from out of custody. He. entered a
20 residential treatment program through parole, and that' s
21 his
-- .then.._h,e failed to appear. on, .June. 27, and that' s -
`` 22 because of some personal safety issues related to, um,
_
23 Mr. Green being perceived as someone who was assisting
24,,. .- the _prosecution_
E 25 He was shot in January of this year and has had
j 26 continuous threats to himself and his family' s safety ._. -__._---..:._..
27 because of the fact that he had been associated as
28 ; someone who was assisting with the prosecution.. . ..
CYNTHIA COLLINS ERICKSON, CSR 10055
8
1 * That being said, he still should have been to
2 Court on June 27 and June 30th, and I think he certainly
3 . understands now. But he was brought back into custody a
4 very short time after that. I think he was picked up on
5 July 16th or something like that.
6 ; And it just seems like there hasn't been a
7 change of conditions to have him remain in custody. I
8 understand he does have the failure to appear. He does
9� understand even though he may have concerns about coming
10 into Richmond for his personal safety, that he needs to
11 actually be in court or else a warrant will be issued.
121 He's willing to agree with any terms and
13conditions related to his release, such as continuing
.. . ... . .. .. .
141 treatment.
15 I did confirm the ram that he was there
-- _ rm wprogram
16 until the end of May, so he was a resident-of-the program
17 from February 21st until approximately May. .30th, doing .
18 job training, job readiness, substance abuse, anger
19_ . management, stress management.
20 1 have a letter I provided to the Court
21 previously. I don't know if there' s a copy there. Have
22 you seen that? We showed it at the March court date.
23 It' s a program through parole, the Halfway Back
24 program. So he was there for 90 days. He 's willing to
25 do any other sort of -- I mean, his cases are all ;,
-E
26 ... substance abuse related. He' s willing to do any other
27sorts of terms and conditions the Court feels are T:
r 28 necessary, .... . . .. . ._.._ .. ... _ ...._. . .. . .
CYNTHIA COLLINS ERICKSON, CSR 10055
9
1 But being in custody in Contra Costa County, he
2 continues to face some potential threat of harm. So it
3 just seems for someone what made multiple appearance
4 while out on an O.R. , attended and remained in a program
5 for 90 days clean, working on getting himself together,
6 ' he' s shown the Court that he isn' t going to be a threat
7 to public safety, that he's going to make his court
8 appearance.
9 ` He' s very sorry for missing the one at the end
10 of June, but it' s with that information that I ask the
11 Court to release him on his O.R.
12 THE .COURT: Would Mr. Green be eligible
13V for readmission into the Halfway Back program?
14ii MS. BRACKMAN: I'm not sure he'd be
15 eligible for entry into that program, but he certainly
16 would willing to explore that option, as well as others.
17 I 've told him that -- he is concerned with
-- - -
18 remaining in the Bay Area because of him being perceived
19 as a snitch. I've told him that Linda Norton from my
20 office can place him at the Litton Spring (phonetic)
21 Salvation Army, which is now like an hour and a half, I
22 think, north of here. It' s an excellent program. But it
23 gets him -- because even at this program, Judge, he' s on
24 the streets in Oakland.
25 He has to go from place to place, so that ' s made
26 him feel as though he might be a target. ..So he' s
27 certainly willing to go to a long-term residential
28, treatment program. He 's not certain that he feels
CYNTHIA COLLINS ERICKSON, CSR 10055
10
1 comfortable remaining at that one in particular because
2 it is in Oakland, and there are people who are there who
3 are from Richmond and know of the rumors related to his
4 operation.
5 THE COURT: And the Litton Springs
6 Salvation Army program, is it residential?
7 MS. BRACKMAN: It' s residential, six to
8 nine months long.
9 THE COURT: And if he were to be admitted
10 into that program, would they arrange for transportation
11 . to the courthouse for him?
1211 MS. BRACKMAN: I think that they can after
13 the first 30 days. For the first 30 days, they' re not
I
14 ' allowed to leave at all, not allowed to have phone
15 contact, even from attorneys, that sort of thing.
16 But after that point in time, it' s my
17 understanding they are able- to leave and come to court
18 appearances, and we could assist him, if necessary, with
19 the transportation.
20 THE COURT: How would that work then in
21 terms of the first 30 days with us possibly moving on a
22 ' faster track to get the preliminary hearing conducted?
. 23 MS. BRACKMAN: Well, I think that if the,
24 Court would -- if I could have one second.
25 (Confers with Mr. Green. )
26 MS. BRACKMAN: I 'm sorry to keep going
27 back and forth. What I 've decided is can the Court hold
28 - that thought until Tuesday, because it seems to me to
CYNTHIA COLLINS ERICKSON, CSR 10055
11
1 make sense to me if there' s some possibility that
2 Mr. Flynn and I do believe he and I were close to a
3 meeting of the minds, if there were going to be a
4 sentence that was equivalent of nine months of Litton
5 Springs, it makes more sense to waive and have Mr. Green
6 : plead and go release him here today. You know what I
7 ! mean?
8 ! THE COURT: Yes, I appreciate that.
91 MS. BRACKMAN: I appreciate the Court' s
10 consideration. I asked you remain with that. We need
11 the Court to do so because I think it 's absolutely
12 appropriate. But why don't we hold that thought until
13 �I Tuesday?
14 THE COURT: Then the matter will be
15 . maintained for setting on August 9th, 2005.
16 And, Mr. Green, please rest assured that
17 Ms. Brackman is going to cover all of the angles. So for
18 now, we' ll see you back here-on-Tuesday, and at that
. 19 time, if necessary, we' ll revisit, we'll take up. .the
2.0 matter of your possible O.R. release.
21 THE DEFENDANT: Okay, thank you.
22 THE COURT: Thank you very much.
23 MS. BRACKMAN: One last thing.
24 Mr. Green asked that the Court place this in the
25 court file related to his concerns for his safety. It
26 just kind of describes that he' s remains concerned,
27 including his not receiving medical treatment at West
28 : County. I told him I 'd place some calls in order to try
CYNTHIA COLLINS ERICKSON, CSR 10055
l�
1 to facilitate that. He just wants it' s in the court file
2 should anything happen.
3 THE COURT: All right, very good.
4
5 ---000---
6
7
8 ;
9 �
10 '
11
12 -
13 I�
141
15
16
17
18
19
20
21
22
23
24
25
26
27
28'
CYNTHIA COLLINS ERICKSON, CSR 10055
13
1 STATE OF CALIFORNIiA )
2 ) ss.
3 COUNTY OF CONTRA COSTA )
4
5
6
7 � I, CYNTHIA COLLINS ERICKSON, hereby certify:
8 �
9 � That I am a Certified Shorthand Reporter of the
10 Superior Court, County of Contra Costa, Department
11 No. 14;
12 That in the pursuance of my duties as such, I
131 attended the Proceedings in the foregoing matter and
14 reported all of the Proceedings and testimony therein;
15 That the foregoing, pages 1 through 13,
16 inclusive, is a full, true and correct transcript of my
17 shorthand notes so taken.
18 Dated this 6th day of December, 2005.
19
20
21
22
23 CYNTHIA COLLINS ERICKSON
Certified Shorthand Reporter
24 CSR #10055
25
26
27
28 .
CYNTHIA COLLINS ERICKSON, CSR 10055
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CLAIM
Q0A1tD OF SUPERVISORS OF CONT1tA COSTA COUNTY
BOARD AC'T'ION:_ SEPTEMBER 12, 2006
Claim Against the County, or District Governed by )
the Board of Supervisors, .RoutingEndorsements, )
NOTICE TO CLAIMANT
and Board Action. All Section references are to The copy of this document mailed to
California Government Codes. . D you is your notice of the action taken
IC on your claim by the Board of
AUG 0 7 Supervisors. (Paragraph IV below),
2006 given Pursuant to-Government Code
ANt.OUNT: .$5,000.00 I COUNTY COUNSEL Section 913 and 915.4. Please note all
MARTINEZ CALIF. ".Warnings".
.
C L Al M ANT-.: PATRICK SHERMENTI
#2005014272
ATTORNEY: UNKNOWN ! DATE RECEIVED: AUGUST- 07, 2006
ADD IZrSS: MARTINEZ DETENTION .FACILIT3Y DELIVERYTO CLERK ON: AUGUST 07, 2006
901 COURT STREET,
MARTINEZ, CA 94553 BY MAIL POS'T'MARKED: AUGUST 04, 2006
FROM Clerk of the Board of Supervisors TO: County-Counsel
Attached is a copy of the above-noted claim.
AUGUST 07 2006
Dated: JOHN CULLEN, r
i By: lleputy log
Il. FROM. Counly Counsel TO: Clerk of the Board of Suf�ervisors
("his claim complies substantially with Sections'910 and 910.2.
( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so
notifying claimant. The Board cannot act fur 15 days (Section 910.8).
O Claim is not timely tiled. The Clerk should return claim on ground that it was filed late and
send warning of claimant's right! to apply for leave io present a late claim (Section 911.3).
( ) Other: --- — -- —
Dated. —orp By: rVIC __ Deputy County Counsel
111. FROM: Clerk of the Board T0: County Counsel (1) County Administrator (2)
O Claim was returned as untimely with notice to claimant (Section 911.3).
WI.V.;130A.1tD ORDER: By unanimous vote of the Supervisors present:
( This Claim is rejected in full.
O Other: —
1. certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: _ •/� Zc"1N C_ULLEN, CLERK, By eputy Clerk
SVA. NTNG (Gov. code section 913) - y
Subject to certain exceptions,you have only six(6)months from the date this notice was personally sewed
or deposited in the mail to file a court action on this claire.See Goverrenent Code Section 945.6.You may
seelc the advice of an attorney ofyour choice ur connection with this matter. Uyou want to consultmi
attorney,you should tlo so inuuedi,itely. *For Additional Wareing See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
declare under penally of pel-Jui-y that I am now, and at all times herein mentioned, have
been a citizen of the United S(ates, over age .18; and that toddy .I deposited in the United
Slatesa Postal Ser%ice in Nlrtinez, C'M1,61-11in, postage felly prepaid a certified cohy of this
Board 01-der ant! Nolice to C hiiiu:u1l, a1ddressed to Ilse claimant. as shown above.
I:►aitecl _. -_. __ °?�� .I.C1.111`J C'l!I. L.I[�1, (.'.I_'ERX. 3)' _ _ el�trt} Clerk
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. A claim relating to a cause of action for death or for injury to person or to personal property or
growing crops shall be presented not later than six months after the accrual of the cause of
action. A claim relating to any other cause of action shall be presented not later than one year
after the accrual of the cause of action.
(Gov. Code § 911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106,
County Administration Building, 651 Pine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than the County, the
name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be filed against each
public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.
e i■ s MEMO■■an t a a a w ■■■t■■■■■■■■■■■•■■■■■man■ t
i
i
RE: Claim By: Reserved for Clerk's filing stamp
RECEIVED j
A -7fWE*Z �,4 F"Opr.3 )
Against the County of Contra Costa or ) AUG 0 7 2006
G'L�/{/kvy1V District) CLERKBOARD OF CONTRA COSTA COVIsORS
(Fill in the name)
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named
district in the sum of$ 6oG.00 and in support of this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
2. Where did the damage or injury occur;9,
Include city and county)
3. How did the damage or injury occur? (Give full details;use extra paper if required)
4. What particular act or omission on the part of county or district officers, servants, or employees
caused the injury or damage?
5 What are the names of county or district officers, servants, or employees causing the '
damage or injury?
/
i
6.. 1AThat damage or injuries do your claim resulted? (Give full extent of injuries or damages
claimed. Attach two estimates for auto damage.) (W VjVE�s
-�� /�o,T�� �rM �� R1(0 OKA 4/
e amount caimedabove computed? (Include the estimated amount of any
7. How was%
prospective injury or damage.)
8. Names and addresses of witnesses, doctors, and hospitals:
9. List the expenditures you made on account of this accident or injury:
DATE TIME AMOUNT
Gov. Code Sec. 910.2 provides"The claim shall be
j signed by the claimant or by some person on his
behalf."
SEND NOTICES TO: (Attorney) ____)
Name and address of Attorney ) ,
p gep
(Claimant's Signature)
(Address)
)
Telephone No. ) Telephone No.
■■■■■■■■!/■/■■■■/■■■/■■■!/!/!/\/!/I/:////!/I!/!/!/!!\/!///!//\/I!!!!!!!!Vann! t■■ /■■■/1
PUBLIC RECORDS NOTICE:
Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to
public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any
attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to
public disclosure.
r/■!/////!/!!!/!/////!//!/!!!/!/!■■/!!////////!//!/!!!■■!/////i/!!////!////■ a/0 /i///J .
NOTICE:
Section 72 of the Penal Code provides:
Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or
to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or
fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a
period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such
imprisonment and fine; or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars
($10,000), or by both such imprisonment and fine.
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13OA1tU OF SUPERVISORS OF CONTItA COS'T'A COUNTY
C.
BOARD ACTION: SEPTEMBER 12, 2006
Claim Against (lie County, or District Governed by )
lite 130ard of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All SectionqvIF
r The copy of this document. mailed to
California Government (:.ode ( ; I you is your notice of the action taken
AUG 0 8 2006 on your claim by the Board of
Supervisors. (Paragraph IV below),
COUNTY COUNSEL giveit Pursuant to Government Code'
MARTINEZ CALIF Section 913 and-915.4. Please note all
AN!I(:)UN'f: . IN EXCESS OF $100,000.00 "Warnings".
C L,AI NI AN T: BLACKHAWK HOMEOWNERS ASSOCIATION
AUGUST 08, 2006
ATTOItNEY: SHARON B. FUTERMAN DATE RECEIVE])-
BY DELIVERY TO CLERK ON: AUGUST 08, 2006
f1.I)DRESS: PROUT Le VANGIE __.. — ._
2150 RIVER PLAZA DRIVE, STE. 420 RECEIVED FROM
SACRAMENTO, CA 95816 BY MAIL POSTMARKED: COUNTY COUNSEL
FRONT Clerk of the Board of St.tpervisors. TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN CUL.LEN, e c
AUGUST 08 200
Dated: _ 6. By- Deputy
H. FROM: County Counsel 'M Clerk of the Board of Supervisors,
O
This claim cotuplies substantially with Sections 910 and 910:2.
( 1,K'Uhls Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so
notifying.claimant. T.'he Board cannot act for 15 days (Section 910.8):
( ) Clain( is not timely filed. The Clerk should return claim on ground that it was filed late and
send warning of claimant's right to apply fir- leave to present a late claim (Section 911.3)-
Other-
Dated:
I1.3).Other:Dated: By: lleputy County Counsel
Ill. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
O Claim was returned as untimely with notice to claiulant (Section 911.3).
I V. f3O .JZD OltD1sR: By unanimousvote of the Supervisors present:
(
This Claim is rejected in full.
( ) Other: _
1 certify that this is a true and correct copy of the Board's Order entered in its rttinwes for
this date.
Dated: o,�AOMHN CULLEN, CLERK, By,A��5_(/�eputy Clerk
W I G (Gov. code section 913) - — —
Subject to cellain exceptions,you have only six(6)mouths ft•ottl the date this notice was personally served
or deposited in the mail to file at court action on this claim.See Government Code Section 945.6.You may
seek the ndvice of au attorney of your clioice in connection with this matter. 1f you want to consult nn
attot-rtey,you shotdtl tlo so intruetliately. 'For AdditionsO W;n-niug See Reverse Side of Ibis Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury. that 1 alit now, and at all times herein mentioned, have
been a cilizen of the Ultit.ed States, over age 18; and that today I deposited in the United
Shales Postal 5ert'ice in I•I:u filler, (.alifornill, I►oslage talky- Irrepaid .1 Certified col►y of This
llomrtl Ouder mill Notice to (:1;1411.1111, addl-essed to the clainra.111 as shows above.
C1_.ER.K 13 -)epilly Clerk
OFFICE OF THE. COUNTY COUNSELSILVANO B.MARCHESI
COUNTY OF CONTRA COSTA ,j►_'_ O� COUNTY COUNSEL
Administration Building ,;_ •�
651 Pine Street, 91h Floor `—`�o SHARON L. ANDERSON
^% CHIEF ASSISTANT
Martinez, California 94553-1229 ;
_ = �
� = � GREGORY C. HARVEY
(925) 335-1800 G� +4:','';i';I`1\ �®� ;� VALERIE J. RANCHE
(925) 646-1078 (fax) '�;� a'�_ _ /�� ASSISTANTS
4fo
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: Sharon.B. Futerma.n, Esq.
Prout LeVangie
2150 River Plaza Drive, Suite 420
Sacramento, CA 95816
RE: CLAIM OF: BLACKHAWK.HOMEOWNERS ASSOCIATION
Please Tale Notice as Follows:
The claim You presented against the County olContra Costa or District governed by the Board of
Supervisors fails to comply substantially'with the requirements of California Government Code Section
910 and 910.2, or is otherwise insufficient for the reasons checked below:
[X] 1. J'he claim fails to state the name and post oft-ice address of the claimant.
[XI 2. The claim fails to state the post office address to which the person presenting the claim desires
notices to be sent.
[X] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction
which oave.rise to the claim asserted.
[ 14. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or
loss, if known.
[ ] 5. The claim tails to state whether the amount claimed exceeds ten thousand dollars ($10,000).
1.f the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount
claimed as of the date of presentation, the estimated amount of any prospective in_jurY. datnage
or loss solar as known, or the basis of computation of the amount claimed.
[ 16. The claim is not stoned by the claimant or by some person on his or her behalf.
S�aroii B. Futerman, Esq.
Re Claim Of: Blackhawk Homeowners Association
Page Two
[X] 7. You are required to submit your claim on the proper form. which is enclosed. Please resubmit
Your claim on the enclosed forth, including all the required information. Gov. Code, § 910.4.
Please be aware that you have only a limited period of time in which to file an amended claim.
See Gov. Code, ti 910.6.
[X] 8. Other: Please provide the date you were served with the complaint fir which you seek
indemnity.
SILVANO B. MARCiIESI
COUNTY COUNSEL
By: !7�w�
Monika L. Cooper
Deputy County Counsel
CERTIFICATE OF SERViC:E BY MAIL
(Code Civ. Proc., §§ 1012. 1013x, 2015.3; livid. Code, §§ 641. 664)
and a resident of the State of California, over the age ofeightecn years, and not a party to the within action. My
business address is Office of the County Counsel, 651 fine Street, 9th Floor, Martinez, CA 94553-1229. On
1lil /fd046, I served a true copy of this Notice of Insufficiency and/or Non-Acceptance of Claim by
placing the docUnlent Ill a sealed envelope with postage thereon fully prepaid, in the United States mail at
Martinez. California addressed to Sharon B. Futernlan, Esq., Prout LeVangie, 2150 River Plaza Drive, Suite 420,
Sacramento, CA 95816, as set forth above. I am readily familiar with Office of County Counsel's practice of
collection and processing of correspondence for nailing. Under that practice. it would be deposited with the U.S.
Postal Service im that same day with postage thereon fully prepaid in the ordinary course of business.
I declare under penalty of perjury under the I vs of the State of California and the United States of America that
the above is true and correct. Executed oI at Martinez, California.
athleen O'Connell
cc: Clerk of the Board of Supervisors (original)
Risk Management
Page 2
RECEIVED
Notice of Tort Claim For Indemnity AUG 0 8 2006
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
To: Blackhawk Geologic Hazard Abatement District:
4125 Blackhawk Plaza Circle, No. 103
Danville, CA 94526
Blackhawk Homeowners Association is a defendant in a property damage action entitled
Bachelor v. Patterson, et. al., Contra Costa Superior Court Case No. C05-02627.
Plaintiffs contend that their property was damaged as a result of mudflows, mudslides,
erosion and other conditions due to the failure of a common area slope owned/maintained
by the Blackhawk Homeowners Association.
Defendant Blackhawk Homeowners Association contends that it is Blackhawk Geologic
Hazard Abatement District's duty to prevent, mitigate and control conditions that pose a
threat to slope stability within the Blackhawk Community and that Blackhawk Geologic
Hazard Abatement District breached a duty owed to Blackhawk Homeowners
Association and its members by failing to adequately monitor the common area slope
behind plaintiffs' home to prevent, mitigate and control slope conditions.
The amount of the damages claimed at this time is unknown,but plaintiffs claim damages
in excess of$100,000.
To the extent`that Defendant Blackhawk Homeowners Association is held liable for any
of plaintiffs' damages caused by the negligence and fault of Blackhawk Geologic Hazard
Abatement District, Blackhawk Homeowners Association seeks indemnity, contribution,
and apportionment from Blackhawk Geologic Hazard Abatement district.
C r
Sharon B. Futerman, Esq.
Attorneys for Blackhawk Homeowners Association
Prout LeVangie
2150 River Plaza Drive
Suite 420
Sacramento, CA 95816
I:\client\Bachelor\Misc\Notice of Tort Claimdoc
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY �� 02 iv
BOARD ACTION: SEPTEMBER :i2,. 2006
Claim Against the Cou►►ty, or I_AStrict Governed by ). ------`.--
tiie L3oard of•Supervisors, Routing Eiidorsenrenls, ) NOTICE TO CL.AI.NlANT
and Board Action. All Section references are to ) The copy of this document mailed to
California Government Codes. p youis your notice of the action taken
097
4 on your claim by the Board.of
AUG O 9 2006 Supervisors. (Paragraph 1V below),
given Pursuant to Government Code
COUNTY COUNSEL Section 913 and 915.4. Please note all
AN:10[_1N 1.: UNKNOWN MARTINEZ CALIF. "earnings".
CLik1k1AN 1•:- PATRICK SHERMENTI
#2005014272 '
ATTORNEY: UNKNOWN DATE RECEIVED: AUGUST 08, 2006
MARTINEZ DETENTION FACILI7y AUGUST 09, 2006
AI)I)RFSS: 901 COURT STREET, -BY DELIVERY TO CI-,ERK ON: .
AUGUST
MARTINEZ, CA 94553
BY MAIL POSTMARKED: UNKNOWN
PROM: Clerk of the Board of St.►pervisors TO: County Counsel -
Attached is a copy of the above-noted claim. '
AUGUST 09, 2006 JOHN CU1-,L,EN, C rk
Dated: By: Deputy
H. FROM: Coul►ty (ounsel 7-0: Clerk of the.I3oard of Sup tvisors. .
( his claim colupfies 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 (Sec(ion 910:8).
( )
Claim is not timely tiled. The Clerk should return claim on ground that it was filed late and
send warning of claimant's right to apply for- leave to present a late.claim (Section 911.3).
( )
Other-
Dated:
ther Dated: U 't/57 By: _! Deputy County Counsel
111. F ltorvL Clerk of the Board TO: County Counsel (1) Coui►ty Administrator(2)
O
Claim was returned as untimely with notice to claimant (Section 911.3).
IV. UAIZD ORUE:R: 13y unanimous vote-of the Supervisors present:
(" This Claim is rejected in full.
( ) Other: --- - -- ------ - ----- ----- - - --
certify that this is a true and correct copy of the Board's Order entered in its minutes for
this dale.
Dated: �. n��44 HN_C_ULLEN, CLERK, By Deputy Clerk
WA NINCi (Gov. code section 913) ------ ----- _------- -
Subject to cetlain exceptions,you have only six(6)months ftom the dltte this notice was pet-sonally served
or deposited in the nail to file a court action on this claim.See Government Code Section 945.6.You may
seek the advice of an attorney of yom• choice in connection with utis matter. Ir yon want to consult ltu
attorney,you shotdcl do so iuuuetlisttely. *For Additional warning See Reverse Side of Tlds Notice.
AFFIDAVIT OF MAILING -_ -- ---- �--------- ----
I declare under penalty of 1►eljtuy Mit I am now, am at all times herein mentioned, have
been a cilizert of the United Stales, over age 18; and that today I deposited in the United
States 1'ostarl Sel t'it'c in Mal lioez, Calirol Ilia, posinge rally prepaid a certified coley or Ihis
llom(I 1..)vrdcr acid Nolice to Chi.ima w, addressed to file chiitu;tnt as shmi'll ,trove.
1 iarled - ��'c�.�+0,6 It..►111J ('1.11..1 l?fJ, C'I_:F1Z.f� 13 - - - - - - -1)t'Irrlly l.:lerl:
RECEIVES
AUG 0 8 20OR M_ i
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO. /1/Oda, 2- 1_. �(� �f�/�j"T_3_4'-
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IJOAI1-D OF SUPERVISORS OF CONTRA COSTA COUNTY
BOAACTIO_N_: SEPTEMBER 12, 2006
re
ClaiAgainst the County, or District BOARD ACTION:
Governed by )
the 136ard of Supervisors, Routing Endorsements, ) iV0"I'ICE TO C.L.A.iMAN'1'
and Board Action. All Section references are to ) '.lire copy of-this document mailed to
California Government Codes. c, 'you is your notice of the action taken
V 9 on your claim by the Board of
LJ Supervisors. (Paragraph 1.V below),
AUG 0 9 2006 given Pursuant to Government Code
AA/10UNT: UNKNOWN COUNTY COUNSEL_ Section 913 and 915.4. Please note all
MARTINEZ CALIF. "Warnings".
CL AI ki ANT. FRANCE PRITCHARD
AUGUST 09, 2006
ATTORNEY: BRIAN LARSEN I DATE RECEIVED-
LAW OFFICES OF BRIAN L. LARSEN AUGUST 09 2006
ADDRESS: 530 JACKSON STREET 2nd F1&Y-DELIVERY TO CLERK ON: _ , _
SAN FRANCISCO, CA 94133 AUGUST 08, 2006
BY MAIL POSTMARKED:
.FROM: Clei k of the Board of Suliervisors TO: County Counsel
Attached is a copy of the above-noted claim.
AUGUST 09, 2006 J011N CU.LLEN, er
Dated: By: Deputy
It. hRokl- County Counsel TO: Clerk of.the Board of Supervisors
Otis claim complies substantially with Sections 910 and 910.2.
( ) 1 his Claire FA11.S 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).
( j Claim is not timely filed. '.Che Clerk should return claim on ground that it was filed late and
send warning of claimant's right 110 apply for leave to present a late claim (Section 911.3).
( ) Other: — --- -- .
Dated: By: t'� lleputy County Counsel
111. FROM: Clerk of the Boards 1'0: Count-y Counsel (1) County Administrator (2)
O Claim was returned as untimely with notice to.claimant (Section 911.3). — _—
lV. �30A.KD 011-DER: By unankIlious vote of the Supetvisors present:
This Claire is rejected in 11611.
( ). Other: _ - —
I
1 certify that this is a true and correct copy of the Board's Order entered in its minutes .for
(Itis date.
Dated. ^• A2 4 ®JC C_ULLEN, CLERK, By o eputy Clerk
W 110W I N G ((3ov. code section 913)
Subject to ceilain exceptions,you have only six(6)months livor the dale this notice was l►etsonally setvetl
or deposited in the mail to filen covet action on this cheat.See Goveniment Code Section 945.6.You may
seek the advice of an attorney of yciur choice in couueclion with this matter-. if you want to consult an
Mlotaley,you should do so immedintely. *For Additional Wanting See Reve>tse Side of'.Ilds Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjitiy that [ and now, and at all times herein mentioned, have
been ,'citizen of the United States, over age 1.8; -;ind that today I deposited in the United
States Postal Service in I\I.rrtincz, C�alirornia, postage felly prepaid it cerliried coley of this
llom d t)-der ant No(.ice to Clatilntatit, siddresseil (o the claimant tis sho`vil ,trove.
►ai(E:�I Delta(}, Clerk
FEB-07-2006 11:51 CCC RISK MANAGMENT 925 335 1421 P.02
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
• INSTRUCTIONS TO CLAMANT
A. A claim relating to a cause of action for death or for injury to person or to personal property or
growing crops shall be presented Inot later than six months after the accrual of the cause of
action. A claim relating to any other cause of action shall be presented not later than one year
after the accrual of the cause of action.
(Gov. Code § 911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106,
County Administration Building, 651 Pine Street,Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than the County, the
name of the District should be filled in.
D. If the claim is against more than i ne public entity, separate claims must be filed against each
public entity.
E. Fraud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form.
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RE: Claim By: I Reserved for Clerk's filing stamp
> RECEIVED
Against the County of Contra Costa or )
� ) AUG 0 9 2006
District) CLERK BOARD OF SUPERVISORS
(Fill in the name) ) CONTRA COSTA CO.
I
i
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named
district in the sum of$ d,& e'l7-�v and in support of this claim represents as follows:
I. When did the damage or injury occur? "(Give exact date and hour)
Aa 06
de
2. Where did the damage or injury occur? (Include city and county)
vu_ w4fG zJ
3. How did the damage or injury occur? (Give full details;use extra paper if required)
4. What particular act or omission on the parte of county or district officers, servants, or employees
caused the injury or.damage? j
5 What are the names of county or district.of cern,servants;or employees causing the
damage or injury?
FEB-07-2006 11:51 CCC RISK MANAGMENT 925 335 1421 P.03
6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages
claimed. Attach two estimates for auto damage.) 4AAt,0 ., o, ,fA4,U .9�fi
i
7. How was the amount claimed: above computed? (Include the estimated amount of any
prospective injury or damage.) � f� j'1 ,Oi'oc.24� c6
8. Names and addresses of witnesses, doctors, and hospitals:
All
9. List the expenditures you made on account of this accident or injury:
DATE TIlyIE AMOUNT
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.Gov. Code Sec. 910.2 provides"The claim shall be
signed by the claimant or by some person on his
behalf."
SEND NOTICES TO: (Attorney) )
Name and address of Attorney
BRIAN LARSEN, ESQ. ) (Claimant's Signature)
530 JACKSON ST, 2ND FLOOR )
SAN FRANCISCO, CA 94133 ) Liv /9
(Address)
tA
Telephone No. )Telephone No.
l
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PUBLIC RECORDS NOTICE:
Please be advised that this claim form,or any claim filed with the County under the Tort CIaims Act, is subject to
public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any
attachments,addendums, or supplements attached to the claim form, including medical records, are also subject to
public disclosure.
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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 i
to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or
fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a
period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such
imprisonment and fine, or by imprisonment.in the state prison, by a fine of not exceeding ten thousand dollars
($10,000),or by both such imprisonment and)fine.
TOTAL P.03
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BOA11-11) OF SUPERV1SO11S OF CONTRA COS'T'A COUNTY
BOARD ACTION: SEPTEMBER 12, 2006
Claim Against the County, or District Governed by )
the 136ard of Supervisors, Routing E6dorsentenls, ) NO'1'IC.E 'l'O CLA.IMAN'1'
and Board Action. All Section r o fhe copy of this document. mailed to
California Govern,i,ent Codes. Q ) YOU is Your notice of the action taken
�I t on your claim by the Board of
!AUG 10 2006Supervisors. (Paragrapl, 1V below),
COUNTY COUNSELgiven Pursuant'to Government Code
AAAHTINEZ CALIF. Section 913 and 915.4. Please mote all
AA/10LINT: $5 000 000.E "Warnings".
ME�,ISSA WANG, a minor, by and
CL.AIN'lAN1': through her Guardian ad Litem
ROBERT WANG: CHUAN WANG and i.
ROBERT WANG, Individuall AUGUST 10 2006
ATTORNEY: TAD SHAPIRO, DXTE RECEIVED:
SHAPIRO, GALVIN, SHAPIRO,
A-DDR.ESS: PIASTA & MORAN BY DELIVERY TO CLERK ON: AUGUST 10, 2006
640 THIRD STREET, SECOND FLOOR
SANTA R XSAI, CA 95404 BY [MAIL POSTMARKED: AUGUST 09, 2006
FROi .1: Clerk of the Board of Sup'ervlsors 7,0: County Counsel
Attaclied is a.copy of the above-,toted claim.
JOHN CUL,LEN, ' e c
AUGUST 10 2006 g Deputy
Dated: ' i y ui y
11. FRONT: County Counsel i T0: Clerk of the Board of Su ervisors
(wrlhis claim coittphies substantially with Sections 910 and.910.2.
( ) 'I'Itis Clain, FA&S to comply substantially with Sections 910 and 910.2, and we are so
nolil'ying claimant. The Board cannot act for 15 days (Section 910.8).
O Clain, is not timely riled. The Clerk should return claim on ground that it was filed late and
send warning of claimant's right to apply for leave to present a late claim (Section 911.3).
Otlier
Dated: V ' 1 C7,_O(a I By: r1r\ Deputy County Counsel
111. FRONT: Clerk of the Boat f0: County Counsel (1) County Administrator (2)
O Clain, was returned as untimely wills police to claimant (Section 911.3).
lV. OAR.D C1h.Z.ULR By t.ananitl sous vote of the Supervisors present:
(V This Clain, is rejected in ful).
O Other:
certify that this is a true and correct copy of the Board's Order entered in its minutes for
this dale. i
Datecl / 4�I HN CULLEN, CLERK, By Deputy Clerk
WA- NINE (Gov. code section 913)
Snbiela to cellain exceptions,you have only six(6)mouths from the(late this notice was personally served
or deposited in the mail to file a couti action on this claiul.See Govenuuent Code Section 945.6.You may
seek the advice ora,, attorney of yolur choice in connection with this matter. If you want to consult an
attorney,you should do so immediately. *For Additional Warning See Reverse Side of"Ibis Notice.
Al FIDAVIT OF MAILING
declare andel• penalty of ilex.iljy that 1 alp now, and at,all times herein mentioned, have
been a citizen of the hailed Stlies, over age 18; and that. toddy 1 deposited ill (he United
States Postsaf Service in M.11 Baez, California, postage filly prepaid a certified copy of this
Ilom d l)r►Icr :and Notice to Clain►;u►t, :addresse►I Iv the clnin,alnt .as shvl}'n :above.
I_►a1ed _ —. `9 07�, 111[`J (`l_ll_,I_.I [`J, C.[_,l:',fZ.IC .f3}, )eliuly l:le,l:
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!BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
i
A. A claim relating to a cause. of'action for;death or far iniury to person or to personal property or
growing crops shall be presented not Pater than six months after the accrual of the cause of
action. A claim relating to any other cause of action shall be presented not later than one year
after the accrual of the cause of action.
(Gov. Code § 911.2.)
i
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 945531-
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.
I
D. If the claim is against more than one public entity, separate claims must be filed against each
public entity.
I
E. Fraud., See penalty for fraudulent claims, Penal Code Sec, 7/2 at the end of this form.
I
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RE: Claim'By: Reserved for Clerk's filing stamp
Melissa Wang, a minor, by and ; )
through her Guardian ar3 T.; tem � RECEIVED
Robert Wang; ChuAn Wang. and Robert )
Wang, Individually 1
Against the County of Contra Costa or ) AUG 1 0 2006
District)
CLERK
CO TRA COSTA COSUPERVISORS
(Fill in the name) )
I \
The undersigned claimant Hereby makes claim against the County of Contra Costa or the above-named
district in the sum of S 5 , 0 0 0 , 0 0 0 and in support of this claim represents as follows:
I
I. When did the damage or injury occ,ir'? (Give exact date and hour)
February 15 , 2006 at approximately 2 : 30 p.m.
2. Where did the damage or injury ocur? (Include city and county)
City of San Ramon, County of Contra Costa at intersection of Village
Parkway and Elmwood Dril've
How did the damage or injury occur? (Give full details; use extra paper if required)
See attachment 1, paragraph 3
4. What particular act or omission on the part of county or district officers. servants, or employees
caused the injury or damage'(
See attachment 1 , paragraph 3
S What are the names of county or district officers, servants, or employees causing the
damage or injury?
Unknown at this time.
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6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages
claimed. Attach two estimates for auto damage.)
See attachment 1 , paragraph 6
7. 'ttow was tne-amount claimed above computed? (Include the estimated amoiirit ot-:any
prospective injury or damage.)
I
See attachment 1
paragraph 7
8. Names and addresses of witnesses, doctors, and hospitals:
See witnesses listed in San Ramon Police Report No. 06-4272 .
9. List the expenditures you made on acdount of this accident or injury:
DATE TIME AMOUNT
Unknown at this time.
I
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) Gov. Code Sec. 910.2 provides "The claim shall be
) signed by the claimant or by some person on his
) behalf."
SEND NOTICES T0: (Alto ev)
Name and address of Attorney }
Tad S. Shapiro, Esq. )
Shapiro, Galvin, Shapiro, ) Claimant's Signature)
Piasta & Moran ) 640 Third Street, Second F1.
640 Third Street, Second F11 ,
Santa Rosa, CA 95404 ) (Address)
) I Santa Rosa, CA 95405
(707) 544-5858 )r
Telephone No. Telephone No. (707) 544— szrA
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PUBLIC RECORDS NOTICE:
Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to
public disclosure under the California Public Records Act. (Gov. Code, §9 6500 et seq.) Furthermore. any
attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to
public disclosure.
I
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NOTICE:
Section 71 of the Penal Code provides:
Every person who, with intent to defraud; presents for allowance or for payment to any state board or officer, or
to any county, city, or district board or;officer, authorized to allow or pay the same if genuine, any false or
fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County iail for a
period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000,00), or by both such
imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars
($10,000), or by both such imprisonment and fine.
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ATTACHMENT 1 - to Claim Presented to
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
RE: Claimants: Melissa Wang, a minor by and through her Guardian
ad Litem, Robert Wang; ChuAn Wang.and Robert Wang,
Individually
3. `:Claimant Melinda Wang was struck in the crosswalk at the intersection of
Village Parkway and Elmwood Drive by a vehicle driven by Narinder Veer Ran.
Claimant's injuries were caused in part by a dangerous condition of public
property in that the intersection of Village Parkway and Elmwood Drive was a
dangerous condition of public property when used with due care in a
foreseeable manner. Village Parkway lacked adequate signs, warnings, and
. pavement markings, warning approaching motorists of the crosswalk between a
residential subdivision and;a city park frequented by children, the sight distance
for approaching motorists and persons at the crosswalk in question was
inadequate due to city owned trees and other landscaping and it was known to
the County of Contra Costa that Village Parkway was frequently used for speed
exhibitions and/or that motorists typically traveled at a speed greatly in excess
of the posted speed limit of 35 miles per hour and accordingly the location of
the subject incident constituted a trap for persons such as claimant, Melinda
Wang herein. The County of Contra Costa's employees and independent
contractors negligently created the dangerous conditions of the above
referenced location and negligently maintained the location, further adding to
its dangerous condition. In addition, employees of the County of Contra Costa
negligently failed to place;warning signs at the intersection, despite prior
determination of the need for such signs.
At all times mentioned herein, by reason of traffic surveys, the
determination to place warning signs, citizen complaints and prior collisions, the
County of Contra Costa had actual and constructive knowledge of the
dangerous conditions. As a result of the dangerous conditions of said location,
claimant has suffered severe injuries. Investigation and discovery are
continuing as to other bases for this claim.
i
6. Claimant Melinda Wang suffered numerous injuries including fractures, as
well as a traumatic brain injury requiring hospitalization and continuing
medical care.
7: Claimant's past and future medical expenses, loss of earning
capacity and need for other care are currently unknown. It is believed
past medical expenses are in excess of $250,000. Claimant has
suffered severe physical,injuries as described above. Claimant's
counsel is not yet in possession of claimant's medical records which
.will be provided to the County of Contra Costa upon request.
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SHAPIRO, GALVIN, SHAPIRO, PIASTA & MG PAECEIVED
A PROFESSIONAL CORPORATION
Attorneys at Law
640 THIRD STREET, SECOND FLOOR AUG 1 0 2006
P.O. BOX 5589 CLERK BOARD OF SUPERVISORS
SANTA R.OSA, CALIFORNIA 95402-5589 CONTRA COSTA CO.
TEL: (707) 544-5858
FAX: (707)544-6702
E-mail:Tad a;sha iro alvinlaw.com
I C P� i;
EVERETT H.SHAPIRO
DANIEL.I.CALVIN 111
TAU S.SHAPIRO
JOSEPH A.PIASTA II
ADRIENNE M.MORAN
DANA BEERNINK SIMONDS
i
; August 9, 2006
Via Federal Express Priority Overnight
Clerk of the Board of Supervisors
County Administration Building
Room 106
651 Pine Street
Martinez, CA 94553
Re : Wang v. County of Contra Costa
Dear Clerk of the Board of Supervisors :
Enclosed please find an original and two copies of a
government tort claim presented on behalf of our clients Melinda
Wang, Robert Wang and CLAn Wang. Please return a filed copy of
the government tort claim to our office in the stamped self
addressed envelope provided.
Please direct all further communications regarding this
claim to the undersigned.
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; Very truly yours,
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T d S . Shapiro
TSS :mg
Enclosures (3)
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APPLICATION-.TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
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BOARD ACTION
SEE1RffiER 12, 2006
Application to File Late Claim ) NOTICE TO APPLICANT
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.
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Claimant: KATHERINE DE MINGO
R!UG 14 2006
Attorney: MARILYN E. MINGER
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LAW OFFICE OF MARILYN E. MINGER COUNTY COU"'7
Address: P.O. BOX 11096 i k4ARTlNEZ
OAKLAND, CA 94611
Amount: NOT TO EXCEED $2,000,000 By delivery to Clerk on: AUGUST 11`;: 2006
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Date Received: AUGUST 11, 2006 By mail, postmarked on:' HAND DELIVERED
I. FROM: Clerk of the Board of Supervisors TO: , County Counsel
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.Attached is a copy of the above noted Application to File Late Claim.
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DATED: AUGUST,11, 200fOF1N C1JLLEN, Clerk,By: DEPUTY
II. FROM: County Counsel i TO: Cl k of 4the"IjBoardovof Supervisors
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( ) The Board should grant this Application to File Late Claim (Section 911.6)
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(� The Board should deny this Application to File Late Claim (Section 911.6).
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DATED: �'�� ' SILVANO B. IVIARCHESI, County Counsel, By: rn(:EA� DEPUTY
III. BOARD ORDER By unanimous vote of Supervjsors present
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(Check one only)
( ) This Application Is granted (Section 911:6).
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(V/ / This Application to File Late Claim is denied (Section 911.6).
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I certify that this a true and correct copy of the Board's Order entered in its minutes for this date.
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DATE: •/4 a -04fo N CULLEN, Clerk, By: DEPUTY
WARNING (Gov. Code §911.8)
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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 apRijcation for leave to present a late claim was denied.
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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.
IV. FROM: Clerk of the Board TO: (1) County Counsel (2) County Administrator
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Attached are copies of the above Application. We notified the applicant of the Board's action on this
Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's i
copy of this Claim in accordance with Section 29703.
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DATED: JOHN CULLEN', Clerk, By: DEPUTY
V. ROM: (1) County Counsel (2) County Administrator TO. Clerk of the Board of Supervisors
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Received copies of this Application and Board Order.
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DATED: County Counsel, By:
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County Administrator, By:
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APPLICATION TO FILE LATE CLAIM
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1 MARILYN E. MINGER SBN 154307 cc
Law Office of Marilyn E. Minger i �eCE�VED
2 P.O. Box 11096
Oakland, CA 94611 AUG 1 1
3 telephone: (510) 594-2551 2006
4 facsimile: (510) 594-2553 CLRR C NTgA OF COS SUPERVISORS
Attorney for Katherine De Mingo /D,•dp v-7175
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S Claim of KATHERINE DE MINGO ) APPLICATION FOR LEAVE TO
PRESENT LATE CLAIM ON BEHALF
9 V. ) OF KATHERINE DE MINGO
(Govt. Code § 911.4)
CONTRA COSTA COUNTY BOARD )
10 OF SUPERVISORS ) DECLARATION OF KATHERINE DE
11 ) MINGO IN SUPPORT OF
APPLICATION
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14 To the Contra Costa County Board of Supervisors:
15 1.. Application is hereby made, under Government Code section 9:1:1.4, for leave to
16 present a late claim for a causes of action for injury to a person, for which a claim was not
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presented within the six month period provided by Government Code section 911.2. A portion of
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18 the claim accrued on or about September 6, 2005, or on the date a week or two later when I
19 should have been paid for work on that date and the several following. Another portion of my
20 claim accrued on or about September 19, 2006, when my employment was wrongfully
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terminated. For additional circumstances relating to the cause of action, reference is made to the
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proposed claim attached to this application.
23 2. The failure to present this claim within the six-month period specified by Government
24 Code section 911.2 was through mistake and excusable neglect, and Contra Costa County was
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26 APPLICATION FOR LEAVE TO PRESENT LATE CLAIM ON BEHALF OF
tiATHERINE DE MINGO AND HER DECLARATION IN SUPPORT THEREOF
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I not prejudiced by this failure, all as more particularly shown by the attached declaration of
2 Katherine De Mingo.
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3 3. This application is being presented within a reasonable time after this cause of action
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4 accrued, as more particularly shown by the attached declaration of Katherine De Mingo.
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5 WHEREFORE, it is respectfully requested that this application be granted and that the
6 attached proposed claim be received and acted on in accordance with Government Code sections
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7 912.4 to 913.
�r 0�
8 Date: I
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Marilyn E. Min)ger, At me fo a' ant
9 Katherine e ngo
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26 APPLICATION FOR LEAVE TO PRESENT LATE CLAIM ON BEHALF OF
KATHERINE DE MINGO AND HER DECLARATION IN SUPPORT THEREOF
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1 DECLARATION OF KATHERINE De MINGO
IN SUPPORT OF APPLICATION
2 TO PRESENT LATE CLAIM
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3 1, Katherine De Mingo, herebyideclare as follows:
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4 1. I have first hand knowledgd of the matters addressed herein and if called upon to do so
5 could and would competently testified thereto.
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6 2. 1 am not an attorney and I did not know that I needed to file a claim with a public
7 agency within six months of the occurrence of events on which a claim for monetary damages
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8 against that agency is founded.
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9 3. l was employed by Contra Costa County (the "County") as a teacher at the
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10 Community Services Balboa Site Headstart in Richmond. My employment was terminated on or
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11 about September 19, 2005.
12 4. The day after my termination I contacted the County Affirmative Action Office. I
13 explained to them the entire circumstances of the problems I encountered during my employment
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14 with the County and the fact of my tel from employment with the County. After that day
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15 I spoke with some one at the County,Affirmative Action Office two or three more times in the
16 next month or two. On those different occasions I spoke with Irma Covair, Joe.Valentine and Al,
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17 whose last name I do not remember At no time did anyone I spoke with at the County
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18 Affirmative Action Office tell me, or even imply, that I may need to file a claim with the County
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19 within six months of my termination.
20 5. Immediately after I was terminated from my employment with the County, I contacted
21 ten to fifteen attorneys to talk about,my termination from employment with the County and the
22 problems that I had encountered during my employment with the County. Not one of them
23 mentioned to me anything about needing to file a claim with the County within six months of my
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25 3
26 APPLICATION FOR LEAVE TO PRESENT LATE CLAIM ON BEHALF OF
KATHERINE DE MINGO AND HER DECLARATION IN SUPPORT THEREOF
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I termination.
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2 6. Immediately after I was terminated from my employment with the County I consulted
3 with one attorney in his office. At no time did he advise me that I needed to file a claim with the
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4 County within six months of my termination.
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5 7. To each of the persons thatil contacted, as explained in paragraphs 4, 5, and 6, above, I
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6 explained (1) my circumstances regarding the several days I was not paid because I was sent
7 home because of a limp; (2) that I had demanded to be paid for those days; (3) that I had reported
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8 some circumstances that were against regulations, that I was subsequently told I should not have
9 done that and then, after a site motivated by that report, was terminated; (4) that I was criticized
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10 publicly by my supervisor; (5) that I was emotional distraught by all of this; (6) that I believed
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11 that all of this led to my termination,land that I did not think that it was right.
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12 8. During my employment wiith the County and immediately after the termination of my
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1.3 employment with the County 1 consulted the County's Employee Handbook. No where in the
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14 handbook does it say anything about;needing to file a claim with the County for claims relating to
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15 employment with the County.
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16 9. Finally I consulted with aitorney.Marilyn E. Minger. I first contacted her in May of
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17 2006 and hired her in or about June ibf 2006. She is the first one that told me that I had needed to
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18 file a claim with the County within six months of the termination of my employment with the
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19 County.
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20 I declare under penalty of perjury under the laws of the State of California that the
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21 foregoing is true and correct.
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Date: — I 1 Ll 1
23 Katlierme De Mingo
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26 APPLICATION FOR LEAVE TO PRESENT LATE CLAIM ON BEHALF OF
KATHERINE DE MINGO AND HER DECLARATION IN SUPPORT THEREOF
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BOARD OP`SUPERVISORS OF`COIN t;ua-L r���Ll.
- rNSTRUCTIONS TO CLAR►YL4NT
A. A claim relating to a cause of action for death or for'injury to person or to personal property or
growing crops shall be presented not later than six months after the accrual of the cause of
action. A claim relating to any other cause of action snail be.presented not later thanone year
after the accrual of the cause of action.
(Gov. Code § 911.2.)
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B. Claims must be filed with the Clerk ofIthe Board of Supervisors at its office in Room 106,
County Administration Building,551 Pinie Street,Martinez,CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than the County, the
name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be filed against each.
public entity. j
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E. Fraud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form.
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an am one aa ask a■t l am MMM ■a■a a MIKE M ale ate as EtaaE■■a was C MEa me Gel■E gar In at a M tM t ME tial
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RE: Clain By: Reserved for Clerk's filing stamp
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Against the County of Contra Costar )
District)
(Fill in the name) Y
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The undersigned claimant hereby yes c,;.aim against fire County of Contra Costa or the above-earned
district in the sum of$ and in suppo of this claim represents as follows:
eX
no{- J I Z, D00,DOip
1. When did the ag or inj occuu? Give exact date and hour).
� l fvcc l C� o�vK t o 5-�-�-- *fad �tf
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2. Where did the age o7�;�!
(Include city and county)
�a�6oa 6i� f -pl%6 a W auk
3. How did the damage or injury occur? (Give full details;use extra paper if required)
4. What particular act or omission onIthe part of county or district officers, servants, or employees
caused the injury or damage?
5 What are the names of county or district officers, servants, or employees causing the
damage or injury?
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6. What damage or injuries do vour claim;resulted? (Give full extent of injuries or damages
claimed. -Attach two estirna�tees�for auto damage.)
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
Wf.
S. Names and addresses of.witnesses,doctors, and hospitals:
9. List the expenditures you made-on account of this accident or injury:
DATE TIME AMOUNT
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an Samsa IMaaaa■aa snit tan Ina RaaaIaa■KRaRloxaa■a■am%a■■aInman lana an Iall too a■■a It a as■aassa Rt
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.Govt Code Sec. 910.2 provides"The claim shall be
signed by the claimant or by some person on his
)behalf."
SEND NOTICES TO: (Attoraev) 1
Name and address of Attorney )
IM aK v► 6. Wl► K ew )
(Claimant's Signature
Qm .
DetU"S C.A ) ,(Ad -
gg411
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TelephoneNoZ Telephone No. �5'l D 1 J�Z� /I 00
a K K c s s a K K s K a a a a a a a R r s a r a f a K K K a K K a f c d l SOBS a Irma aasa a a s a a s a a f a s a f a a■a l[a a R K WNS a a Irma a cast
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PUBLIC RECORDS NOTICE:
Please be advised that this claim farm;or any claim filed with the County under the Tort Claims Act, is subject to
public disclosure under the Califomia Public Records Act. (Gov. Cody, s§ 6500 et seq.) Furthermore, any
attachments,addendums,or supplements attached to the claim form, including medical records, ar-- also subject to
public disc-losure.
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RaRKaKlce'aaaeRalRKKKRaRaaaRRKNames laalaccaaSRI was aaKlaalaalaalRKBosom aa■K as aaaasNOact
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NOTICE:
Section 73.afthe Penal Code provides:
Every person who,with intent to defraud presents for allowance or for payment to any state board or officer, or
to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or
fraudulent'claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a
period ofnot more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such
imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars
($10,000),or by both such imprisonment and fine.
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Attachment to Claim of Kathy De Mingo
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Katherine De Mingo ("Kathy") was hired as the infant and toddler head teacher at the
Contra Costa County (the "County") Community Services, Balboa Site Headstart in Richmond,
California ("Headstart''), and began work on July 18, 2005. Her employment was terminated on
or about September 19, 2005. No reason for her termination was given to her. Kathy's supervisor
was Aurora Ruth.
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Kathy makes claims against the County for unpaid wages, retaliation for whistle blowing
and other acts, defamation, intentionali and negligent infliction of emotional distress, and wrongful
termination in violation of public policy. She has special damages consisting of lost compensation,
past and future, and general damages in the nature of emotional distress. Her damages for claims
subject to the Tort Claims Act do not exceed two million dollars ($2,000,000).
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The first day that Kathy beganiworking for Headstart (July 18) she noticed that, contrary to
regulation, the infants were being given bottles and pillows in their cribs. Kathy reported this to
another teacher ("Norita") and to Aurora. Aurora had told Kathy that Norita was the supervisor of
the building in which Kathy's and Norita's classes were housed;though Norita was not Kathy's
boss,just the teacher next door. At a training meeting held in early August 2005 for infant teachers
from all sites, Kathy mentioned finding bottles and pillows in the infants' cribs. The trainer,
Desiree Macias, said that putting bottles and pillows in the infants' cribs should stop immediately.
Shortly thereafter, Aurora called Kathy and Norita into her office and told Kathy not to bring up
"our business" in a meeting like that.
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On August 23, 2005, Desiree did an onsite review of the Infant and Toddler classroom. On
August 25, 2005, she did another one.
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Kathy was wrongfully terminated, in part, in retaliation for reporting to Desiree that some
of the practices at Headstart were not in accordance with applicable code.
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On more than one occasion Aurora called Kathy and Norita in to her office to reprimand
Kathy while Norita took notes of the,meeting. Norita did not need to know what was said in those
meetings. On several occasions, Aurora unfairly criticized Kathy's work in front of groups of
people.
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The grandmother(the "grandmother") of one child did not like Kathy. In fact, it was
reported by many teachers, she did not like white people. Kathy is white. The grandmother
accused Kathy of abusing her grandchild. She called CPS, who conducted an investigation and
found that the accusations were unfounded. The grandmother was abusive to Kathy every day that
she saw her. She told Kathy loudly,(several to many times a week, words to the effect that Kathy
did not know how to do her job and;that Headstart was worse off for her being there. Kathy
reported this abuse to Aurora every time it happened. Aurora never did anything about it. She kept
saying that they would have a meeting including the grandmother and Kathy. Nothing was ever
done about it. Often after an attack,1 other teachers, having heard the abuse, would come to Kathy
to hug and comfort her.
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The week of September 6, 2005; Aurora did not allow Kathy to work. Kathy injured her
knee on September 5, 2005, not at Headstart. She came to work on September 6, 2005, with two
doctors' notes stating that she could work with no restrictions. After reading the notes.. Aurora
sent her home and told her that she did snot know that Kathy had had a knee replacement, that that
was why she had gotten rid of the last teacher, and that Kathy could not work with a limp. She did
not allow Kathy to come back to work until the next week. When she did, to mock Kathy, Aurora
limped around the room singing to Kathy, `'This is how you look. This is how you look". Belinda
Harris was present for this display. i
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Kathy told Aurora that she intended to be paid, one way or the other, for the days that
Aurora had not allowed her to work. Kathy's employment was terminated within three days
thereafter. Her final paycheck did not include pay for the week she was not allowed to work.
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