HomeMy WebLinkAboutMINUTES - 12111984 - 1.17 APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT December 11, 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: Patrick Meistrell County Counsel
Attorney: John M. Harrigan N O V 0 9 1984
230 Grand Avenue Martinez,
Address: Oakland, CA 94610 CA 94553
Amount: Approx. $50,000.00 By delivery to Clerk on
Date Received: November 7, 1984 By mail, postmarked on November 6, 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: November 7, 1984 PHIL BATCHELOR, Clerk, By 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).
V The Board should deny. this Application to File Late Claim (Section 911.6).
DATED: /,�` VICTOR WESTMAN, County Counsel, By Deputy
III BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911 .6).
(X) 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: AC". K PHIL BATCHELOR, Clerk, By 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: PHIL BATCHELOR, Clerk, By 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: /;2 - e L County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM 00 02-1
` • 1
John M. Harrigan IN ASSOCIATION WITH
Attorney at Law Tauber,Ellis&Frederick
OF COUNSEL
230 Grand Avenue Froba and Frailing
Oakland, CA 94610 1024 J Scrcen#324
(415) 834-4638 RECEIVED Modesto,CA(209)521-95354
l-sebo
i
November 6, 1984 PHft BATrf+f:Oft
ERK BOARD 0: SU?ca.•r.ScP..S
Oenu+r
Board of Supervisors
County of Contra Costa
P.O. Box 911
Martinez, CA 94553
Re: Patrick Meistrell v. Contra Costa County
Response to 11 /1 /84 Notice to Claimant
of Late Claim and Leave to File Late Claim
Dear Sirs/Madams:
On October 25, 1984 Claimant Patrick Meistrell, through his
attorney the undersigned John Harrigan, filed a claim against
the Contra Costa County Board of Supervisors as governing body
of the County of Contra Costa. . On November 5, 1984, I received
a Notice to Claimant of Late Filed Claim dated November 1 , 1984
by Deputy Clerk Jolene Edwards advising that said claim was
being returned as it was not filed within the time allowed by
law. Said notice further advised that the Claimant should apply
to the Board of Supervisors for leave to present a late claim
per Government Code §911 . 4 to 912.2.
By this letter Claimant wishes to initially state his position
that the claim presented was timely. Secondly, Claimant, without
prejudice to his initial argument, wishes to request leave to
present his claim late per the provisions of Government Code 911 .6.
With regard to the timeliness issue Government Code 901 provides
that "the action accrues within the meaning of the statute of
limitations which would be applicable thereto if there were
no requirement that a claim be presented to and be acted upon
by the public entity before an action could be commenced thereon. "
Claimant 's claim is grounded on contract. If his disability
is job related, and only then, he is entitled to full salary
for up to one year. Therefore, the normal four year contract
statute of limitations only began to run on July 9 , 1984 when
the WCAB decision of June 13, 1984 became final as it was that
initial finding of industrial causation which triggered Mr. Meistrell 's
right to to full salary.
,g; 00 022-
' 1
Board of Supervisors
November 6 , 1984
Page Two
Secondly, after I objected to Ms. Soares ' memo of July 12 ,' 1984
indicating that the Personnel Office was inclined to deny liability
for salary benefits (see my letter of July 18, 1984 attached
to filed claim) I was informed by her letter of August 22nd
that the matter had been referred to County Counsel for their
opinion. Therefore, it is Claimant ' s position that the County.
has not yet even denied liability which is confirmed by Deputy
County Counsel Lane who still has the matter under submission.
Be that as it may and without prejudice to the above argument,
Claimant hereby applies for Leave to File a Late Claim per the
provision of Government Code 911 . 6(b) ( 1 ) . Claimant failed to
file said claim in a more timely manner due to the mistake and
excusable neglect of his counsel. Arguably, the 100-day claim
ran on October 17, 1984 which was 100-days from the finality
date (July 9 , 1984 ) of the WCAB decision.
Without re-iterating the entire procedural history of this claim
( see above and Claimant incorporates by reference his letter
of October 23 , 1984 to the Board of Supervisors as well as his
letter of July 18, 1984 to Mr. William Thomas which was attached
as Exhibit A to the 100-day claim) , Claimant' s attorney was
-under the impression that since the claim was under investigation
by the County Counsel ' s office as to liability - and still is -
that the period had not started to run yet. The 100 day claim
was filed on October 23, 1984 out of due caution as it appeared
that it might take some time for County Counsel to render an
opinion as to liability.
Certainly, there is no prejudice to the County as required by
Government Code 911 .6 (b) ( 1 ) by the filing of a claim which was
at most 6 days late in filing (October 23 as opposed to October 17 ) .
For all of the above reasons, Claimant requests leave to file
said claim at this time.
Ver truly y urs,
JOHN M. HARRIG
JMH/drk
encl.
00 023
M,nM wrlpnt MCYMR,4m vlsrnCi
Tom Tedskssn,Stn DistreCt
c
November 1, 1984
Patrick Meistrell
c/o John M. Harrigan, Esq.
230 Grand Ave. , 3rd Floor
Oakland, California 94610
NOTICE TO C[AIMAVr
(fie-Firm)
(Goverment Code Section 911.3)
(x) The claim you presented to the Board of Supervisors of
Contra Costa County, California, as governing body of the
xx County of Contra Costa
and/or
District,
on October 23, 1984 is being returned to you herewith
because t was not presentee—wfthin 100 days after the eventor ,
occurrence as required by law. (See Sections 901 and 911.2 of
the Government code.) Because the claim was not presented
within the time allowed by law, no action was taken on the
claim.
Your only recourse at this time is to apply without delay
to the Board of Supervisors (in its capacity noted above) for
leave to present a late claim. (See Sections 911.4 to 912.2,
inclusive, ,and Section 946.6 "of.the Government Code.) Under
some circumstances,, leave to .present a late claim will be
granted. ...(See- Section 911.6,:of the Government Code.)
You may seek the advice of an attorney of your choice in
connection with this matter. ' If you desire to consult an attor-
ney, you should do so immediately.
RO BE FACED IN BY WE CUM CF THE BOARD CMY IIs' APPLIMME:
( ) Since:a :partian df your claim is not untimely, we are
retaining a. copy of your claim for Board action an that portion
of yaur.claim which is not untimely.
Phil Batchelor, Clerk of the Board of
= Supervisors and County Administrator
Deputy Clerk
_Dates . November •1, 1984
00 024
I JOHN M. HARRIGAN
Attorney at Law RECEIVED
2 230 Grand Avenue
Oakland, CA 94610 OCT as 1984
3 ( 415) 834-4711
/Ml/ATCMEIOR
4 Attorney for Claimant acRKeo+►R �gwrfrolm
5
G
7
8 CLAIM AGAINST CONTRA COSTA COUNTY
9
10 1 . Claimant' s Name: Patrick Meistrell
11 2. Claimant' s Address: 956 Orange Avenue, Suite C,
Coronado, California 92118
12
3. Address To Which 'Notices
13 Are To Be Sent: John M. Harrigan, Esq.
230 Grand Avenue, 3rd Floor
14 Oakland,. CA 94610
15 4. Date of Occurrenc__e Giving
Rise to Claim: 4 year contract statute
16 commenced to run approximately
July 9, 1984 although County.
17 has not yet formally -denied
Claim ( see cover letter) . ..
18
5. Location of Occurrence: Contra' Cotta County
19
6. Description of .Occurrence: Claimant hereby. incorporates
20 by reference his cover letter
attached to this claim as well
21 as his counsel ' s letter of
July .18, 1984 to William Thomas
22 Esq. , attorney for the self-
insured County in the- Workers '
23 Compensation case, which .
specifically outlines the
24 amounts not yet paid to claim
ant.
25
7. Description of Claim: . Contract right to full salary
26 for one year (March 2, 1981 to
March 2, -1982) for industrial
27 disability.
28
00 05
i
1 8. Names of Public Employees
2 Causing Injuries: Unknown
9. Amount of Claim at Present: General Damages: approx $50, 00
3 Interest: from July 9, 1984
Total Claim: Appox. $50,000
4 plus interest from July 9 ,
1984.
5
6 Dated: October 23, 1984 C-
JO M. HARRIGA
8 Attorney for Claim
9
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00 026
-2-
• • rN A 500ATION v/rrK
John M. Harrigan
r Tauber,DUs& Frcdcrick
Attorney at Law
OF OOUNSEU
230 Grand Avenue Froba end Fr-ailingOakland,CA 94610 1024 J Street 1/324
�lodeao.G 95354
(415) 834-4638 (209)521-5W
July 18, 1984
Mr . William Thomas, Esq .
THOMAS, HALL & KIRBY
P.O. Box 8072
Walnut Creek , CA 94596
Re : Patrick Meistrell vs. Contra Costa County
OAK NO. 73160, et al
Dear Mr . Thomas:
Per our telephone conversation of .July 17, I am writing
in orderto clarify the County 's position regarding their lia—
bility pursuant to the WCAB award of June 13 in these cases.
I take it that you are in receipt of two memos dated
July 12, 1984 from Jean Soares, Sr. Insurance Analyst, Safety
Division of Contra Costa County. To be sure, I enclose copies
for you.
I have problems with the figures,. which may or may not
have been used in computing the payments and, more importantly ,
with a seeming position that Ms. Soares has apparently taken.
I will deal with the latter problem first.
It is apparent that Ms. Soares has directed that only
temporary disability is to be paid for the period May 6, 1981
to May 1 , 1982 , apparently due to Mr. Meistrell ' s "resignation"
of May 5, 1981 . Certainly this position, if that is what it is,
cannot withstand judicial scrutiny. I would hope that this is
not the County 's position but that more probably, Ms. Soares,
being unaware and uninformed of the circumstances of Mr. Meis—
trell ' s departure from County service, simply noted a resignation
date in the personnel file and then made a unilateral decision
that only TD was due subsequent to May 5, 1981 .
In point of fact , of course, Mr. Meistrell was in a full—
blown manic state at the time of his purported May , 1981 resig—
nation. His superiors , of course , were aware of this and the
County has known through some three years of litigation that he
alleged his disability was . work—related . Of course, the WCAB has
so held in a final decision. In fact, he had a WCAB. claim
. pending at the time of his resignation in 1981 . The
027
Mr. William Thomas
July 18, . 1984
Page Two
Personnel Department had , in fact , rescinded his 1977 resig-
nation because of his condition when he tendered that resig-
nation.
Basically, the WCAB has determined in a final decision
that Mr. Meistrell was industrially disabled to and including
May 1 , 1982. He is entitled by contract provisions to full
salary less temporary disability paid to and including that
date. In that the award was final on July 9, 1984 , by my cal-
culations, interest on all amounts due would run from then at
the legal rate .
I am writing to you about this problem at your request
even though you have taken the position that .you do not repre-
sent the County as to Mr. Meistrell 's rights to full salary
during periods of industrial temporary disability leave. I
would certainly deal directly with the County and County Counsel ,
if necessary , should that be necessary but I would hope that
you can straighten this out being the most familiar with this
protracted litigation .
The second area of concern has to do with the figures.
I propose to layout exactly what I think Mr. Meistrell is due
and then I would anticipate an early response and adjustment
from the County .
First of all , I enclose a copy of my worksheet indicating,
as clearly as possible, the benefits to which Mr_ Meistrell is
entitled both as a result of the WCAB award of temporary dis- • _
ability and the resultant right to salary for those periods.
With regard to payments already made , I have several
questions. In OAK 73160, Mr. Meistrell was awarded temporary
disability from July 21 , 1977 to January 3, 1978, which is 169
days. At the maximum TD rate awarded of $154 per week, or $22
per day, this comes out to $3,718. The County was given a
credit for the $3, 700 paid previously by State Compensation
Insurance Fund which leaves a net due and owing to Mr. Meistrell
of $18 as to temporary disability. He is also entitled to full
salary for that period of disability under the contract provisions
which apply. At the time, his salary was $2 , 547 per month ,
which is $83. 73 a day . He, therefore, is entitled to $14 ,150. 37
less the $3, 700 credit , which results in $10,450.37 due and
payable less any proper credits which I will discuss below.
With regard to OAK 99382, Mr . Meistrell was awarded temporary
disability for the period March 2, 1981 to May 1 , 1982. I have
00 028
Mr. William Thomas
July 18, 1984
Page Three
agreed with you that the award should have read March 21, 1981
to May 1 , 1982, which is whet the evidence shows.. I will stip-
ulate to those dates rather then go through an amended award
procedure. That is 404 days which at the temporary disability
rate of $175 per week, or $25 per day, translates to $10,100
of temporary disability benefits. Attorneys's fees in a gross
amount of $1 ,600 were awarded. Mr. Meistrell 's salary at that
time was $3,403 per month, which is $111.87 -per day. His salary
for 404 days would be $45,195.48. That amount less the awarded
attorney's fees of $1 ,600 is $43,595.48, which is due and payable
less any proper credits.
At this point in my analysis, in other words, for both
1977 and 1981 the County owes Mr. Meistrell .$54,045.85.
The next step is what other deductions are proper. The
IRS has ruled in a similar situation that full -salary for dis-
ability benefit leave is like any other disability payment and
is non-taxable income. Therefore, the deductions that the County
has already token in their first checks ar.e in eiior.
That leaves us with two deductions which have 'been taken
which need to be addressed. A "miscellaneous deduction" in
the amount of $3,652 appears on the payroll check No. P-647502
of July 13, 1984, a copy of which is enclosed:. ' I do not know
what that is for and I need to know that obviously. Secondly,
a deduction in .the amount of $5,342.26 -is shown for "vacation
payoff". I have no idea what dates .that is for and how it was
calculated.-
With regard to vacation payments previously made , Mr. Meis-
trell is aware that he drew vacation time both in 1977 and 1961 .
when he became ill . However, certain vacation time can be accrued
and obviously even if he were to be paid full salary for that
time he was off, which he is now entitled to, certain vacation
time still would have b-eeh owed at the time of his leaving County
service. Therefore, the credit may not be proper. There is a
.possibility that he drew more time then he could have carried
over in which case a partial credit would be proper. At •this
point, I simply do not know and I need. a full accounting of
how that figure was •arrived at , what periods of vacation time
it represents in terms of accrual , and that type of thing .
. .Mr. Meistrell , at this point, has been forwarded checks
totalling $17,062. 18, which were dated July 13, 1984 . .In no
way , does his acceptance of this partial payment constitute,
a
`' 00. 029
Mr . William Thomas
July 18, 1984
Paste Four
a release of liability pursuant to the WCAB awards of June 13.
If your client has any thought whatsoever of taking that position,
please advise me and the money will be returned. In that
Mr. Meistrell is due certain monies immediately pursuant to
the WCAB award, I do not think this is a problem but I mention
this out of a desire to be totally cautious so as to avoid any
possible misunderstanding.'
Basically, our position is that Mr. Meistrell -under the
awards as indicated in the analysis above,is due $54 ,045.85
less the $17 ,062.18 paid on July 13 for a net amount of $36,983.67.
The only deduction from that figure would be any proper credits
for vacation paymentp and also some response. to the issue as
to what "miscellaneous deductions" represents.
My client obviously would like an early response to this
letter.
Thank you.
Very tr ly yours,
JOHN •M. HARRI AN
JMH/drk
Enclosure
cc: Patrick Meistrell
P.S. With regard to the non-taxibility of salary for disability
periods, see Revenue ruling 75-45 and Reg. 1 .104-1C.
s
00 030.
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT December 11, 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 Governme-t Code Section 913
and 915.4. Please note al OwMbidmW.
Claimant: Bonnie Moriarty
dba BJ's Place NOV 7 1984
Attorney: 3792 Pacheco Blvd.
Martinez, CA 94553 Martinez, CA 94553
Address:
Amount: $800.00 By delivery to clerk on November 5, 1984
Date Received: November 5, 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: November 5, 1984 PHIL BATCHELOR, Clerk, By � a,- 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) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
(X) This claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
Dated: ,�yyu. i�,/y�' 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: i1 - 2p -k�l PHIL BATCHELOR, Clerk, By �l9 , Deputy Clerk
cc: County Administrator (2) County Counsel (1) 00 031.
CLAIM
C1,AIM 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: Cla','by ) Reserve fo �Cr�C' s filing stamps
-E11V ID
EC
Against the COUNTY OF CONTRA COSTA) NQ\/ tq8
or DISTRICT) FH, P.A!^ffLOR
(Fill in name)
B
The undersigned claimant hereby r.takes claim against t e County of Contra
Costa or the above-named District in the sum of $ �;��, ��
and in support of this claim represents as follows :
-- -------------------------------------------------------
d
l. When did the amage or injury occur? (Give exact date an hour)
___________T________________ __________________________________________
2. Where did the damage or injury occur? (Include city and county)
---------------------- 7: q -------------------------------------
3. How did the damage or injury occur? (Give full details, use extra
sheets if required) ,
- -- - - - - •--------------------------------------------
4-.--Wh-at-par---t-icu--lar----ac-t--or---omission on the part of county or district
officers , servants or employees caused the injury or damage?
(over)
00 032
J 5. What are the names of county or district officers, servants or
employees causing the damage or injury?
UJC-�
-----------------------------------------
6. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
dama )
7. How was the am unt claimed a` ove computed? (Include the estimated
amount of any 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' '"` 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
C1 i an Sig atur
dress
Telephone No. Telephone No. s 7a —04
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. "
00 033
'E
1 . Claim denied
2. Moriarty Bonnie ����
j r7
7 CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT December 11, 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 "War M.
'"Claimant: Gordon Brooks ounty'Counsel
Attorney: Brookman & Hoffman, Inc.
NOV 0 9 1984
1990 N. California Blvd. , Suite 740 CA 94553
Address: Walnut Creek, CA 94596 Martinez.
Amount: $50,000.00 By delivery to clerk on November 8, 1984
Date Received: November 8, 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: November 8, 1984 PHIL BATCHELOR, Clerk, By Deputy
olene 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 claimants 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
(x) This claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
Dated: ,ci-v. //4 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 claimants right to apply for leave to present a late claim was mailed
to claimant.
DATED: 1;c - - J�V PHIL BATCHELOR, Clerk, By1j". -��a , Deputy Clerk
cc: County Administrator (2) County Counsel (1) 00 034
CLAIM
- I
1 CLAIM AGAINST COUNTY OF CONTRA COSTA
2
3 (a) Name and address of claimant: GORDON BROOKS
P.O. BOX 900
4 Bethel Island, CA.
g (b) Send all notices to: RKIEVE1.",6 BROOKMAN & HOFFMAN, INC.1990 N. California Blvd. NOV ? 1984
7 Suite 740 3:y.) t'Walnut Creek, Ca. 94596 PWLIATCNELSR
a Cl OX SO;M S�s�$y•�RsM(c) Date of occurrence: July 31, 1984 e, .. .. zd 'U�t�ct.
9
Place of occurrence: Sidewalk at Willowpark Marina
10 at Mariner Road and Sanmound Road
Bethel Island; California.
11 (d) Circumstances of occurrence:
12 Claimant was walking on sidewalk
when he slipped and fell in water and green slime from leaking
13 water sprinkler at Willowpark Marina Developement lawn area.
14
lg (e) General description of injury, damage, or loss incurred:
Seperated Shoulder
` 16
(f) Amount of claim and basis of computation:
17 Hospital bills; medical damages ;
loss of income; general damages
18 Claim in the amount of $50,000 .00
19
DATED: October 30, 1984
20
21 Claimant
BROOKIMAN & HOFFMAN GORDON BROOKS
22 BY: 4. —�
23 Atto neys for Claimant
24 Receipt of a copy of the within claim is hereby,
25 acknowledged this day of , 19
26
DROOKMAN
A HOFFMAN
ATTORNEYS AT LAW 00 035
AMENDED CLAIM
p CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
° BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT December 11, 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: Merle D. Johnson
3212 Pinole Valley Road County Counsel
Attorney: Pinole, CA 94564 NOV 7
1984
Address: Martinet, CA 94553
Amount: Unspecified By delivery to clerk on November 2, 1984
Date Received: November 2, 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: November 2, 1984 PHIL BATCHELOR, Clerk, By r�t.�[. ��-� Deputy
Jolene Edwards
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
( ) This,��laim pomplies 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: Vcounty/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
(7�) This claim, is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
Dated: OLL-eu, �i, /9 d'Y 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: /Z- -2,--�-V PHIL BATCHELOR, Clerk, By Q (�_ , Deputy Clerk
cc: County Administrator (2) County Counsel (1) 00 036
CLAIM
1?
NOV 2 1984
MERLE D. JOHNSON, Executor of the
Estate of LOUIS JOHNSON, Deceased
3212 Pinole Valley Road RECEIVE ,
Pinole, CA 94564t� ,G �r =
In Propria Persona NOV z 1984
PH0.BA1tMEtoe
CLERK BOARD OF SUPERVISORS
CONTRIZC TACO.
AMENDMENT TO CLAIM AGAINST CONTRA COSTA �...i ...... ':°<.••..•. D °'
COUNTY HOSPITAL
TO: CONTRA COSTA COUNTY HOSPITAL, MARTINEZ , CALIFORNIA
Pursuant to Countra Costa County Counsel 's
Notice of Insufficiency of claim, mailed on October 29 , 1984 ,
claimant, MERLE D. JOHNSON, amends and supplements his claim
filed on October '17 , 1984 as follows :
Louis Johnson was a critically ill patient at
Brookside Hospital, San Pablo, California. On the morning of
July 25 , 1984 , LOUIS ARLEY JOHNSON was transferred by Brookside
Hospital without the consent, authorization or knowledge of
decedent' s conservator or his treating physician, Brazell
Carter, M.D. , to Contra Costa County Hospital, Martinez , Calif. ,
by Cadillac ambulance.
When Louis Arley Johnson arrived at Contra Costa
County Hospital on July 25, 1984, the medical records sent with
the patient were not consulted or used, but instead, an employee
of the County Hospital, the admitting nurse, and other hospital
personnel, caused to have pulled medical records of another
LOUIS JOHNSON, a female person. The medical records used had
another middle name (other than decedent's which is ARLEY) ,
and had a different social security number from decedent (Louis
Arley Johnson ' s social security number is 568-30-1457) . Decedent
was treated pursuant to another's medical records which, claimant
believes, hastened the death of LOUIS ARLEY JOHNSON.
The names of said employees , agents or servants
causing said injuries to decedent are unknown to claimant, but
are specified in the medical records of LOUIS ARLEY JOHNSON.
00 037
.j
Page Two
Said medical records are under the custody, control and possession
of the Contra Costa County Hospital, Martinez, California.
DATED: November 2, 1984
RLE D 4qpSON, Execu f
the Estat of LOUIS A. JOHNSON