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HomeMy WebLinkAboutMINUTES - 02191985 - 1.22 „m►1 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT February 19, 1985 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: J. Bradley Burch COMP Counsel Attorney: James L. Thelan FEB 6 1985 706 Main street Marrtinez, CA 94553 Address: Martinez, CA 94553 Amount: Unspecified By delivery to Clerk on Date Received: February 4, 1985 By mail, postmarked on February 2, 1985 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: February 4, 1985 PHIL BATCHELOR, Clerk, ByDeputy I/Joiene 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). l ' .�><l The Board should deny this Application to File Late Claim (Section 911.6). DATED: o�- r2 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). (�) 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: 4. -. /y, /y j'� PHIL BATCHELOR, Clerk, By Q_ Deputy WARNING (Gov. Code 3911.8) 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 TO: 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: ;Z /y f-5' PHIL BATCHELOR, Clerk, By Q-(�- `?��s-A,,�� Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM This claim was not late when filed on December 6, 1984y'-''' The case was dismissed on September 13, 1984; so claim could not be filed until we had exhausted all chagges filed against me. The case was postponed serberal times in the court so it was . not possible to have filed previously. Certainly has been a year of much distress to be accused while being innocent. Thank you for your consideration. J. Bradley Burch RECEIVED JAN ? 1985 PHIL BATCHELOR ER!<BOA 101 SUPERVISORS CONT OSTA by Y :__�• ina Il.plow^. The Board of Supervisors C ntra r°""tY Ciefk oCW '�� t.onie�o cl.rk of n»Board Costa °" IdWes a0ee11 County Administration Building Cwt C«« P.O. Box 911 Ntts)X72-2371 Martinez, California 94553 Ton+Pomrs,tst District tsency C.iMds^.2no District lloW I.Schroder.3rd District gynr»Wright McPsst,41n 0151rict Tom Tortekson,Stn District T0: J. Bradley Burch C/0 James L. Thlelan 706 Main Street Martinez,- CA 94553 I MCEE TO C kD W" (OT e-FilW—C3-a'[m) (Government Code Section 911.3) (X) The claim you presented to the Board of Supervisors of Contra Costa Coiunty, California, as governing body of the xx County of Contra Costa and/or District, on December 6, 1984 is being returned to you herewith ��use - as i;:-t 'err'?•_ :. te, !2 100 ao;9 after the aR ry tr . oocua•renee .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 en 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 acme circutistanoes, 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 oonnection with this matter. If you desire to consult an attor- ney, you should do so Immediately. • « w Or • 7# 70 BE FILED IN BY WE CXM CF THE BOARD 0My IIr APPLICABLE: O Since a portion of your claim is not untimely, we 'are - retaining a copy of your claim for Board action an that portion of your claim Which is not untimely. Phil Batchelor, Clerk of the Board of Supervisors and County Administrator BY: Deputy Clerk Date: lr CLF-TM TQ: BOARD OF SUPERVISORS OF CONTRA CO§T_-,6rrF4 Vapplication to: Instructions to ClaimantC!erk of the Board P.O.Box 911 Martinez,California 94553 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, California 94553. C. if claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims mus* be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end his form. RE: Claim by ;ReserREC +"7r � ' g stamps J. Bradley Burch ) d V E"�1,,� . D E C b 1984 Against the COUNTY OF CONTRA COSTA) Department PH7LBATCHEtOR Sheriff' s De P ) ERs Of SUPERYI.OR; or DISTRICT) Cr r 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 $ not as yet determined and in support of this claim represents as follows: ------------------------------------------------------------------- ---- 1. When did the damage or injury occur? (Give exact date and hour Sunday October 23, 1983 2300 hrs Court appearance order received November 25, 1983 2. Where did the damage or injury occu - (Include city and county) Contra Costa County - Walnut Creek, California -- - - - - - - ------ --- ------ -- ------ ------ --H -------- --------:--------------- 3. ow did the damage or injury occur? (Give cull details, use extra sheets if required) Atsest of person without cause ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Total lack of investigation prior to arrest (over) What are- the names of county or district officers, servants or ' �Qm 17yees causing the damage or injury? Deputy J. Wallis County Sheriff' s Dept R. Blomberg _# 30323 6. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Reputation, memtal distress, and cost of defending charges including attorneys fees. ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Not as yet determined --------------- 8. Names and addresses of witnesses, doctors and hospitals NA 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 12/6/83 Attorneyls fee $1000.00 Wage losses and other losses not as yet determined (#6 above as yet to be assertained) Case # 46518 dismissed 9/13/84 Walnut Creek/Danville Judicial DiPPVt. Code Sec. 910.2 provides : "The claim d ,he cl5lzmant SEND NOTICES TO: (Attorney) or by por ehalf. " r' Name and Address of Attorney % James L. Thelan C1 nt s Signature ;06 Main Street G —e -- Martinez, Calif 2314 8 AddGeorg 94553 e Dr. , Concord, Ca Telephone No. 415-229-3832 Telephone No. 415-682-5556 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. " AMENDED CLAIM / Z CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA : �*,► BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT February 19, 1985 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: Betty Hagen Cuu:fir kwunsel Attorney: Steven L. Weiner JAN 3 0 1985 - 2723 Crow Canyon Rd. , Suite 208 Address: San Ramon, California 94583 Martinez, CA 94553 Amount: Unspecified By delivery to clerk on Date Received: _January 28, 1985 By mail, postmarked on January 24, 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: January 28, 1985 PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: - 5- By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2 County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (� This claimAis 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: - ��. /�, /y�S 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: .2 kS- PHIL BATCHELOR, Clerk, By ao-n , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM TO: Mr. DIABLO UNIFIED SCHOOL DISTRICT 1936 Carlotta Dr. Concord, California 94519 Law Offices of Steven L. Weiner hereby presents this claim to the Mt. Diablo Unified School District pursuant to Section 910 of the California Government Code. 1. The name and post office address of Claimant is: Betty Hagen, 1901 Keswick Lane, Concord, California. 2. The post office address to which Mrs. Betty Hagen desires notice of this claim to be sent is as follows: c/o Steven L. Weiner, Esq. , 2723 Crow Canyon Road, Suite 208, San Ramon, California 94583. 3. On November 30, 1984, at approximately 12:30 p.m. , Claimant was struck by a student physically injuring her after other campus supervisors employed by the County/City District were warned of irqxndi.ng attack and did not warn claimant. Attack occurred at Pleasant Hill High School. 4. Claimant suffered severe personal injury to wit: Facial injuries and numerous other injuries to her body. 5. So far as it is known to Steven L. Weiner, attorney for Claimant, at the date of filing this claim, Claimant, Betty Hagen, has incurred damages according to proof. Claimant has undergone one surgery, anticipates a second surgery, future medical and psychiatric treatment and therefore, at this time, the amount of damage is unknown. 6. At the time of presentation of this claim, claimant, Betty Hagen, -claim personal injury damages and property damage according to proof. Dated: January 23, 1985 SrE�7�2I L. IWEINER p Attorney for Claimant Ton CEIVED ,pWIL�,IIOI�LOp cwaco Dewy RECEIVED JAN 14 1,965 TO: MT. DIABLO UNIFIED SCHOOL DISTRICT 1936 Carlotta Dr. PHILBATr!4ELOR IERK BOARD 0;:�JPI'iviscR; Concord, California cc.<.: . -c;�- .: B Der»d Law Offices of Steven L. Weiner hereby presents this claim to the Mt. Diablo Unified School District pursuant to Section 910 of the California Government Code. 1. The name and post office address of Claimant is: Betty Hagen, 1901 Keswick Lane, Concord, California. 2. The post office address to which Mrs. Betty Hagen desires notice of this claim to be sent is as follows: c/o Steven L. Weiner, Esq. , 2723 Crow Canyon Road, Suite 208 , San Ramon, California 94583. 3. On November 30 , 1984 , at approximately 12 : 30 p.m. Claimant was struck by a student physically injuring her. 4 . Claimant suffered severe personal injury to wit: Facial injuries and numerous other injuries to her body. 5. So far as it is known to Steven L. Weiner, attorney for Claimant , at the date of filing this claim, Claimant, Betty Hagen has incurred damages according to proof. 6. At the time of presentation of this claim, claimant Betty Hagen claim personal injury damages and property damage according to proof. Dated: January 2 , 1985 ATEVENL. WEINER Attorney for Claimant CERTIFIED MAIL NUMBER P 671 979 608 1 �30 PROOF OF SERVICE BY MAIL - CCP 1013% 20155 I, I dec late that i CCXVPRA COSTA 2 II 1 am (a resident of'employed In) the county of ............ . ............... ....... ... ................................................ ,California. )COUNTY WHERE MAILING OCCURRED) j 1 am over the age of eighteen Yeats and not a party of the within entitled cause; my(bus ine ss/re side nce)address Is I q Ii 2723 Crov, Canyon Suite 206, San Ramon, CA 94583 Y rl ......... .. .. . ..... ......................... .............................................................................................................. 1/ /85 CLAIM S II On . ... . .. 1 served the attached ..........._............. ....................................................................... I D A T E 6 j 1 interested Darties on the 8 In said cause, by placing a true copy thereof enclosed In a sealed envelope with postage thereon fully prepald,in the 9 United States mall at ._S`n. 12��n .......addressed as follows 1. 10 Mt. Diablo Unified School District 1936 Carlotta Dr. 11 Concord, CA 12 Contra Costa Board of Supervisors 651 Pine , Room 106 13 Martinez , CA 94553 14 i �I 'i 16 I7 18 i 19 20 �l 21 22 23 1 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on 24 �.� 5 .. ................ ... . at ....... ....................................................................................... , California . ......:........ . .... . . .. . ...... San Ramn (DATE) (PLACE) 25 `• 26 D. PEASLEE ............ .. .. . .............. .. . ...... . ... ........................... ITVPE OR PRINT NAME) SIGNATURE I �I BARON PRESS FORM NO. 22 . RECEIVED JAN q ,955 TO: - MT. DIABLO UNIFIED SCHOOL DISTRICT 1936 Carlotta Dr. PHIL 8A fELOR Concord, California LeeKsoAKno; �Upc cas cc:`- - .cam. B Demo Law Offices of Steven L. Weiner hereby presents this claim to the Mt. Diablo Unified School District pursuant to Section 910 of the California Government Code. 1. The name and post office address of Claimant is: Betty Hagen, 1901 Keswick Lane, Concord, California. 2. The post office address to which Mrs. Betty Hagen desires notice of this claim to be sent is as follows: c/o Steven L. Weiner, Esq. , 2723 Crow Canyon Road, Suite 208 , San Ramon, California 94583. 3. On November 30, 1984 , at approximately 12 : 30 p.m. Claimant was struck by a student physically injuring her. 4 . Claimant suffered severe personal injury to wit: Facial injuries and numerous other injuries to her body. 5. So far as it is known to Steven L. Weiner, attorney for .Claimant, at the date of filing this claim, Claimant, Betty Hagen has incurred damages according to proof. 6. At the time of presentation of this claim, claimant Betty Hagen claim personal injury damages and property damage according to proof. Dated: January 2 , 1985 STEVEN L. WEINER Attorney for Claimant CERTIFIED MAIL NUMBER P 671 979 608 t j • PROOF OF SERVICE BY MAIL - CCP 1013a, 2015.5 1 declare that. i CCXI'rRA COSTA 2 1 am (a resident of'employed In) the county of... ........................ ............................................................................. ,California. . iCOUNTY WMENE MAILING OCCURRV01- 3 1 am over the age of eighteen years and not a party of the within entitled cause; my(bus ine ss/re side nce)address Is: 4 I� 2723 Croi•: Canyon Road, Suite 206, San Rwon, CA 94583 .....................................--... .. .... -.... _....................... . l/ _ /85 CLAIM ......'— 1. I served the attached ....................... ............................................................................ iDATEI 6 f 7 �I interested o rties _...._ . . . _ .. .. ... . . _ .... . ....... ....onthe . ......................... .......................................................................... I� 8 in said cause, by placing a true copy thereof enclosed In a sealed envelope with postage thereon fully prepaid,in the i 9 United States mall at _ . __ San 12dhnn, Q-), .............addressed as follows: ... .. ..................... ..................................................................... J 10 Ii Mt. Diablo Unified School District 1936 Carlotta Dr. 11 I Concord, CA 12 Contra Costa Board of Supervisors 651 Pine, Room 106 13 Martinez , CA 94553 i 14 I' II 15 i 16 17 18 19 I� 20 �I 21 II 22 23 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on 24 l/ — /85 .. ........................... ...... ... ................................. . at.....:..........Sd?....Rai[IO??.................................. ., California . 1 (DATE) IPLACE) 25 `• 26 D.'...PEASLEE........................_............................... (TYPE OR PRINT NAMEI SIGNATURE BARON E55 FORM NO. 22 8 PR / i. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE 70 CLAIMANT February 19, 1985 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: Anthony G. Accurso County Counsel Attorney: Clay C. Burton Law Offices of Gordon & Ropers ..JAN 16 1985 Address: 44 Montgomer St. , Suite 600 San Francisco, CA 94104 Martinez, CA 94553 Amount: $750,000.00 By delivery to clerk on Date Received: January 14, 1985 By mail, postmarked on January 11, 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. e4o&v_� Dated: January 14, 1985 PHIL BATCHELOR,-Clerk, By �.C.t.,�. 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 Mon III. FROM: Clerk of the Board TO: (1) Coun y Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). Eamm IV. BOARD ORDER By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: - ,c.�,.�y, /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. I ( ) A warning of claimants right to apply for leave to present a late claim was mailed to claimant. _ DATED: Xe-l-_ ,*7/, /yd's PHIL BATCHELOR, Clerk, By -�g��-- , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM °� 1 CLAY C. BURTON, ESQ. 6X-a�_ ..LAW OFFICES OF GORDON & ROPERS RECEIVED ��?t =�� 2 A Professional Corporation i �/ 44 Montgomery Street, Suite 600 3 San Francisco, California 94104 SAH j4i 1985 4 ATTORNEYS FOR ANTHONY ACCURSO iNr�:�a►pcpviSOAs O�owy 5 6 7 CLAIM FOR PERSONAL INJURIES AGAINST CONTRA COSTA COUNTY; CITY OF CONCORD 8 STATE OF CALIFORNIA 9 Presented to: 10 STATE BOARD OF CONTROL OF STATE OF CALIFORNIA 11 926 "J" Street, Suite 300 Sacramento, CA 95814 12 CONTRA COSTA COUNTY 13 CLERK, BOARD OF SUPERVISORS 651 PINE STREET 14 MARTINEZ , CA 94553 15 CITY OF CONCORD CITY CLERK' S OFFICE 16 1950 PARKSIDE DRIVE CONCORD, CA 94519 17 YOU, AND EACH OF YOU, PLEASE TAKE NOTICE that the 18 claimant herein designated hereby serves and makes a demand upon 19 you for the cause and amounts set forth in the following claim: 20 Claimant' s name and address: ANTHONY G. ACCURSO 1980 21 Ayers Road, Concord, California 94521. 22 Claimant' s mailing address to which notices are to be 23 sent : LAW OFFICES OF GORDON & ROPERS, A Professional Corpora- 24 tion, 44 Montgomery St. , Suite 600 , San Francisco, California 25 94104 . 26 Amount of Claim: Prejudgment interest, special damages 27 in unknown amount of property loss, medical expenses, lost work 28 time and impaired earning capacity, and rehabilitation, general J 1 y I damages for injury, pain and suffering, disfigurement, and costs 2 of suit, in the sum of $750,000 .00 3 Date and place of occurrence giving rise to the claim: 4 November 16, 1984 at approximately 8 : 44 a.m. at the intersection 5 of Concord Blvd. and Clayton Way in Concord, California. 6 Description of occurrence : That on or about the 7 aforementioned date, the above-named public entities, by and 8 through its agents, servants and employees, so negligently and 9 carelessly designed and maintained a public road way so as to 10 permit the placement of a utility pole in a dangerous location 11 as is depicted in the attached police report more specifically 12 adjacent to 3872 and 3884 Concord Boulevard, Concord, CA. The 13 pole can be identify by the following nomenclature: 4235 JP JA 14 65 . 15 That as a direct and proximate result of said 16 negligence and carelessness, as aforesaid, claimant was caused 17 to and did sustained severe personal injuries. 18 The names and addresses of all the public employees 19 responsible for claimant' s condition are presently unknown and - 20 claimant does not presently know the extent of the special 21 damages. 22 DATED: January 10 , 1985 23 LAW OFFICES OF GORDON & ROPERS i A Professional Corporation 24 25 " By: 26 Clay C. Burton, Esq. 27 28 3L �.� TRAFFIC COLI-151UN ntrun ( c.�'y- k.'r, •N" 1""x',•: 'x'ir-vi !" `'' i `cc PAGEJCR owls CLASSIFIC TION A DATE AND TIME REPORTED COUNTY ii a S. �l�a—� r cc � .vo�►1 -�,...'ztcT Contra Costa 6CIAl VEHICLES TYPE OF ACCIDENT MO. VEHICLE! DAY OP DATE AND TIME OCCURRED NCIC NO. OFFICER CITY POLIO[ OT"ER ALL NO.INJ NO.PAT L Ja ALL INVOLVED /� /// iM'RG T R / "P&L-ft P&R M M91 R OTNR {,D.HO. 0704 OCCURRED ON: RY ET SPEEDr IUR FATAL OR OW AWAYSTATE HIGHWAY RELATED ZL�IIMIT (�•D `oIJ L✓�f J5— Ci YE! El NO �YES Z]No I. t SECONDARY STREET SPEED 1I0SUPP U INTER SECTION WITH LIMIT O OR: PEET/MILE! N S E W OF CL4 't7`0 ✓ w,f y DRIVR NAM[ ILAST, FIRST, MIDDLE .�/) CITE S� Y��' OWNER's NAME (�I.AME As DRIVER RES. PHONE X14SSL �►/,t/ C `/�Il� •� ,- OL-7.I�T t if f'� PED RES. ADORE!! RES,PHONE OWNER's ADORES! fa']SAME AS DRIVER BUS. PHONE 2 9 Z� �c71-✓•� c.,�. Szs-3 �r� A PKD CITY STATE BUS.PHONE DIRECTION ON ACROSS STREET OR HIGHWAY R vK" OF TRAVEL 3 CO� c v ..,A.9 47 9 67 1N W CL4 r -a✓ I BIKE DRIVERS LICENSE STATE JAGE 110IRTHO.Ts S RACE HAIR EYE NgIGHT WEIGHT Y MO. DAY YR. _ 4 Ot7 (P L 3�� �G O : /� :l o /`1 l..J Z2v /j'CL� 1 OTMR 106H.YR ! MAKE S /MODEL S COLOR S LICENSE NO.(S) STAT[ S VEH.DAMAGE --CATION 1•MIN I -Moo // G-t%ver 1 5 . !'t� . . . . . . /J.L'.-4�. . . ?, 7'7f� —/ $-MAS A.TOT �`N DISPOSITION (DwwEN,PAwKED, ED), l DRIVR NAME LAST, FIR37,MIDDLE CITE OWNER'S NAME SAME AS DRIVER RES. PHONE c c -,Rro G1 -L- PEO RES. ADDRESS RES. PHONE OWNERS ADDRE SS BUS. PHONE �SAMH AS DRIVER A PKO CITY STATE BUS.PHONE DtR ECTION ON CROSS STREET OR HIGHWAY R VEH OF TRAVEL A 3 i✓�•C1/� N s E w C C-Rg L(/ T BIKE DRIVER'S LICENSE 9TATE JAG6L BIRTHDATSEX RACE AlMR 1.1E. INEIGNT WEIGHT MO. DAY YR. W J'�O / A -. 1 7 //0 Y 4 C / 7 o Z �-I s FOS :1 7 1-1( �? �S �V7,a/�/ J .j OTHR YEH.YR S MAKE s)/"OD COLOR S LICENSE NO. 9 STATE 9 VEH. DAMAGE LOCATION IN -VDD /•M 5 "• >��} SIC. . . . . . . . . . �?'� /IP/> Y O S!�. . )-MA, •- DISPOSITION(DRIVE",PARKED, waa DRIVR NAME (LAST. FIRST, MIDDLE CITE OWNER'S NAME SAME AS DRIVER I RES' PHONE I VIOL- PEG RES. ADDRESS RES. PHONE OWNERS ADDRESS a SAME AS DRIVER IBUS. PHONE P 2 '4 'PKO CITY E STATE BUS. PHONE OtmecrioN .ON!ACROSS STRS6T OR NIGHAIAY VEH OF TRAVELi _ !TIBIKE DRIVER 3LICENS£ STAT. AGE BIRTHDATE iSEX IRACE :HA;R CYC3 HEIGHT WEIGHT ' MO. OA• Yw. Y _ _ 3 �OTHR VEN.YR,g MAKE,! /M OOELr 'COLOR 3 LICENSE NO. ST STATE S VEH. DAMAGE 'LOCATION •w A, ••TOT • DISPOSITION (DRIVE",PARKED,TOWED; �ORNR(NAME LAST, FIRST. MIDDLE; KITE OW-4ER'S NAMER55. PHONE :J SAVE AS DRIVER i 'PEO 'RES. AOORESS 'RES. PHOVE OWN=_.'S AJOR£SS — SAME AS DRIVER UUS. PHONE ;pi i 1__2 A rPKO 'CITY ISTATE 1BUS. PNONS DIRECTION ION'ACROSS STREET OR HIGHWAY R �VEN OF TRAVEL 3 N 5 E W T BIJKE ORIVfiR'g LICENSE STATE AGE JBIRTH-ATE 'SEX RACE IHAIR EYE! HEIGHT WEIGHT Y MD. DAV YR. I4 OTHR VCM.YR S MAKE ! /MODEL S COLOR S• LICENSE NO.(3) STATE ! V/!H. DAMAGE LOCATION . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-M A J a.:eT DISPOSITION(DRIVE........0.TOWED. REP G OF �C/ER BEAT JDATE AND TIME REPORT WRITTEN SUPERVISOR APPROVING F e9zf l�I �� �a o lOGhj / CONCORD POLICE DEPARTMENT PAGE Z' ROAD DESCRIPTION CR PRIMARY OLLISION FACTOR MOVEMENT PRECEDING I(1sT NO. Ia�oF PwRTr�AT ULT RIGHT OF WAY CONTROL t 2 3 4 TYPE OF VEHICLE I 2 1 4 COLLISION 1 A VC SIECTION VIOLATION: A CONTROLS FUNCTIONING A PASSENGER CAR IIN- A STOPPED i , 2 / CLUDES STATION WAGON B CONTROLS NOt FUNCTIONING B PASSENGER CAR WITH B PROCEEDING STRAIGHT B OTHER IMPROPER DRIVING* TRAILER �C OTHER THAN DRIVER• IC CONTROLS OBSCURED C MOTORCYCLE/SCOOTER C RAN OFF ROAD lo UNKNOWN* O NO CONTROLS PRESENT D ICKUP R PANEL TRUCK D MAKING RIGHT TURN � TYPE OF COLLISION E PICKUP OR PANEL TRUCK E MAKING LEFT TURN WEATHER WITH TRAILER ! (MARK 1 TO It ITEMS 1A MEAD-ON F TRUCK OR F MAKING U-TURN A CLEAR TRUCKTRACTOR II B SIDESWIPE G TRUCW OR TRUCK TRAC- G BACKING (B CLOUDY TOR WITH TRAILERS) II IC REAR END H SCHOOL BUS H SLOWING-STOPPING C RAINING D BROADSIDE I OTHER BUS 1 PASSING OTHER VEHICLE D SNOWING E IT OBJECT J EMERGENCY VEHICLE J CHANGING LANES E roo F OVERTURNED K HWY CONST.EQUIPMENT K PARKING MANEUVER F WIND ENTERING TRAFFIC FROM IG OTHER: G AUTO//E DESTRIAN L BICYCLE L SHOULDER, MEDIAN. H OTHER: M OTHER VEHICLE PRIVATE PARKING ST RVDRI6OR LIGHTING N PEDESTRIAN M OTHER UNSAFE TURNING MOTOR VEHICLE INVOLVED WITH DAYLIGHT O MOPED N CROSSED INTO A NOM-COLLISION OPPOSING LANE B DUSK -0 WN OTHER ASSOCIATED B PEDESTRIAN 1 2 1 4 FACTOR O PARKED C DARK -STREET LIGHTSMARK 1 TO 3 ITEMS C OTHER MOTOR VEHICLE A VC SECTION VIOLATION: P MERGING O DARK -NO STREET LIGHTS O TRAVELING WRONG WAYS MOTOR VEHICLE OR B VC SECTION VIOLATION: STREET LIGHTS NOT D OTHER ROADWAY E DARK -FU"ICTIONIN GA n R OTHER: E PARKED MOTOR VEHICLE G ROADWAY SURFACEC VC SECTION VIOLATION: F TRAINING SOBRIETY-DRUG- A DRY 1 2 7 4 PH YStCAI D VC SECTION VIOLATION: MARK 1 TO 2 ITEMS G BICYCLE I -8 WET A HAD NOT BEEN DRINKING �H ANIMAL: G SNOWY -ICY E VISION OBSCUREMENTS: B HBO-UNDER INFLUENCE FIXED OBJECT: C MBD-NOT UNDER D SLIPPERY (MUoov,olLY.Rrc.) F INATTENTION INFLUENCE ROADWAY CON01TIONS + 6?, C, D UNKNH BO O IMWN•IRM ENT J OTHER OBJECT: G !TO► & GO TRAFFIC IMARK I TO 1 ITEMS E UNDER DRUG INFLUENCE IA HOLES, DEEP RUTS" H ENTERING/LEAVING RAMP PEDESTRIAN'S ACTION F IMPAIRMENT-PHYSICAL* LOOSE MATERIAL t PREVIOUS COLLISION B ON ROADWAY'_ A NO PEDESTRIAN INVOLVED I G IMPAIRMENT NOT KNOWN J UNFAMILIAR WITH ROAD �C OBSTRUCTION ON ROADWAY B CROSSING IN CROSSWALK H NOT APPLICABLE AT IN TE RSE CTtON DEFECTIVE VEHICLE D CONSTRUCTION- EPA O EPAIR ZONE C CROSSING IN CROSSw AIK - K EOUIPMENT I SLEEPY/FATIGUED -- NT AT..TERSECTION i E REDUCED ROADWAY WIDTH D CROSSING -NOT IN L UNINVOLVED VEHICLE } 2 S 4 SPECIAL INFORMATION CROSSWALK IM OTHER: FLOODEO• i E IN ROAD -INCLUDES IA HAZARDOUS MATERIALS* OTHER: SHOULDER (. l B FIRE INVOLVED- NOT IN ROAD I , IN NON APPARENT ` I C TIRE DEFECT;FAILURE• y•1� NO UNUSUAL CONDITIONS G APPROACMING/LEAVING I �O RUNAWAY VEHICLE SCHOOL BUS OWNER�)AME LArT.PIR/T.—*.141 jSKETCH - HOME PHONE I9US. PHONE Vl'' �ADORESS V .i D CITY STATE ./. p a i _J P M N(moo i2�- E A tOESSCRIPTION OF DAM—AGE IR G NOTIFIED C OA-0c h-i 1:0 A YE! []NO rOL• JP4i✓O tc 4~ j R EPNG O got BEAT JDATX AND TIME RrPl RT WRITTEN. SUPERVISOR APPROVING 7MI l 7 7 CP-24-2 JUN 84 ,2\J CONCORD POLICE DEPARTMENT RIG SUPP CR � 9 0 (II4JURED/WITNESSES/PASSENGERS PAGE O 2 EXTENT OA INJURY (check one) INJURED WAS (check one) WITNESS PASSENGER PARTY ONLY ONLY AGB SEX IATAL fSVtRS MOV NO OTN tw Vif IB LS COMPLAINT Ow/VSR PASS. PBD, BICYCLIST OTNSw NUMBER ' /NJUwY OIfT Ow T=DMSMSSR INAU wI ES 0/PAIN ❑ ❑ ❑ - ❑ ❑ Lir1 ❑ Cl NAME TAKEN TO tINJUREO ONLY BIRTHDATE /vw C C 4112 J ADDRESS CITY RES PHONE BUS PHONE DESCRIBE INJURIES /1 y� 1 / �• �w ZNL .�PJQiP S i o,ul u .J y71 107 ❑ n ❑ ❑ ❑ ❑ ❑ 1 ❑ NAME TAKEN TO INJURED ONLY BIRTHDATE O ADDRESS CITY IRE PHONE BUS PHONE DESCRIBE INJURIES El ! Ell NAME TAKEN TO JINJURED ONLY BIRTHOATE ADDRESS CITY RE9 PHONE BUS PHONE DESCRIBE INJURIES _ ❑ I❑ ❑ ❑ I ❑ ❑ ❑ i u. ❑ ❑ i C i i ...NAME TAKEN TO INJURED ONLY BIRTHDATE � a ADDRESS CITY RES PHONE BUS PHONE •DEC RIB4 INJV RIG9 1 1 .NA-=- 'TAKEN TO INJURED OVLY ..._ SIRTHDA75--, rwo owr vw i ADDRESS CITY iRESPHONE BUS PHONE i DESCRIBE INJURIES p- T! FFICER BEAT DATE AND TIME REPORT WRITTEN SUPERVISOR APPROVING TYPIST DATE AND TIME REPORT TYPED �Q 7 11-14-y /oma CP-22-1 JUN 64 - PAGE ( ICR /579 571 i f ,/S �L/tT it's' O.�� �-?.✓�-; i.� L�/2v i - .-ZT / 47 Lo V L�f '64 o A.1 7�S t.wl^S-W S �7p- TIMG OFFICER SEAT DATE ANOTfME REPORT WRITTEN 'u" IT ERVISOR APPROVING T P13T JOAWRITTENR REPORT Record property in paragraph two in the following order: indicate stolen, recovered, lost or found; then list article, brand, color, descriptio) �iarial number of driver's license number and value. cP-loow JUL St \ ' PAGE ICR# T i i 9/f' Ca. J<_a/2A4 c�/ur -- /7�0,✓; Com.✓ I ovc, 11c ,tet ,f7- 7-1, - - M o 0,C S ,✓ �--� Alr/y 4 fir- .ri-x nn, i v tt G Y7?�� -L/I �9.c.:2 ZD2-1—J 77 -L/r' �.�.7 /'Lt.t-!> /9- c- TZ� r j-cmc = 7i--C ; Awez- o,7 t,��=�— TSL-/�,—� �-ti� �' r:y}r�D �"���-- fz�•= T1r�c1� 10/ C C- L— I c.�cam- 110T h�F- ��'1°. '/ RkP RTI N G OFFIC6R H6 AT DATE AVO TIME REPORT 'N KITTEN SSV•E RVISOR 4PPROVING TYPIST DATE AND TIM SPORT 'M P17-EN Record property in paragraph two in the following order: indicate stolen, recovered, lost or found; then list article, brand, color, descriptior serial number of driver's license number and value, CP.,GCA ,u�.s PAGE y c 9 T ! .✓ /OAS— i !ry velem i? C c rfi / _ L s ejSL O /�c ✓ L =3' /9� / J1o�✓= o L .rte.. _ `r uF C�O �'--v-4 . OL Iz- f NVQ; wA7y a.r-,rt 7w--x "'Z� /LiivT I I i Iy�:'Tj� �Z ff1�/�/�4-�.ff iiy�i G✓l8 ��✓47.'P+d .�t..✓/� �J�� -r — c: .�F,r/r,, ; FPICBR � 9GAT DATE ANO TIME REPORT WRITTEN SUPERVISOR APPROVING TYPIST DATE AN TIMIr AFP097-RITTEN N ecor property in paragraph two in the following order: indicate stolen, recovered, lost or found; then list article, brand, color, descript serial number of driver's license number and value. cP.loow JUL&a y SAGE Fc R# n � 000, O Cc s - Oma✓ ri =�s,. E� J' • L-- -- &p f r C- — d-/c. f 7r, Yl G:&,Ll IL/G L A-.,✓J c^4f 0 — I TING OFrICER BEAT OATS ANO TIME RE►ORT WRITTEN (SUPERVISOR AP►ROVING �TY►1ST �O ATE ANO TIME Rg►ORT 'MRITTHN Oo, /,00 Record property in paragraph two in the following order: indicate stolen, recovered, lost or found; then list article, brand, color, descriptior >erial number of driver's license number and value. .P-1 OOA JUL 82 — STATBAENT CR# Statement of: PAGE M / Name��-11 L '�.J T�,f C�Ll1^�t� Address 17 8-3 VA V1 CX-D L N COAJ C ; Phone b7b q cl � c ,�+c DOB Date: Time: Location: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ( � W,4- 7?A./& IV Ty fLn) L��7"' O�yTD �o�', r3LyD OAj C4,4-y.-,r UJ� FSC/�Jr .�y(L:•a • .�— f,3 LSC C NGy etc r:✓� r,�,�5 T✓2v IN G T' O Cc:•vc , r3c-vQ . 4 w x i i� W T 42 A,1 CO NC e-,41 c! 7y/2 ry Ep 57-- 06C,v Pas .41 r1.�%O 77-1 rtl 7Z7 77-1L O A,1 7VE �U��—T S r r�i/`- '5 G/ 10 VO AI/7- .'q-- P,- 4)NE- f J e- tVltness: Y Signe . Uate: 11-16- .$y Time: CP 102-570 STATEMENT Statement of: PAGE i Name C t Address 3r7 Phone �2— DOB Date: —/ 3 - ._�P Time: Location: Al 0 Jam_ 2 d U 151- A' Jr 2-Ez- �C.S� /�U � •� Ci T`j --f— 5 C��' � �i 5 �.y� i J C $--c-r-g L L C.�f�' G Z! / �✓¢/2- %•il� �/2Giti � d /`` Tom`/�r�l 1 T � •� �/ � /` /�2G-{�! �.i1� 5 lr-O l- G ttiitness: 6 C"� / 'S� Signed: Lj S4 nate: 1���� -J� /_Time• 000- CP 102-570 4S ' LAW OFFICES OF GORDON & ROPERS �V L4_IAi1 C GORDON A PROFESSIONAL CORPORATION 1 ARK ROPERS 44 MONTGOMERY 5TREET,SUITE 600 ALLAN i.s0,10`:IN SAN FRANCISCO,CALIFORNIA 94104 DAVID A.CALDWELL ROY D.WOOLFSTEAD (415) 986-4500 KENNETH M.NAKATA CLAY C.BliRTON INTERNATIONAL DEPARTMENT' RICHARD L.NEWMAN HORACIO 1.MARTINEZ -ACS (LICENSED IM AP-' LY) January 11 , 1985 RECEIVED Contra Costa County JAN Clerk, Board of Supervisors 1 651 Pine Street FNILBATCHELOR Martinez, CA 94553 C '�CONTR CSTACV. as a<•r� taeo�ty RE: CLAIM OF ANTHONY ACCURSO Dear Sir/Madam: We previously submitted a claim on behalf of Mr. Accurso, to .you for his accident of 11/16/84 . On this claim there was a reference to the police report but Hct neglected to include a copy of said report. Attached please find a copy of the claim and the police report . Sincerely, LAW OFFICES OF GORDON & ROPERS A Professional. Corporation Marg ita Martinez, Secre ry to CLAY C . BURTON CCB/mm Enc-s . CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT February 19, 1985 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: Wayne Edward Karcich County Counsel Attorney: - Kevin D. Campbell 5455 Wilshire Blvd. , Suite 1600 JAN 16 1995 Address: Los Angeles, CA 90036 Martinez, CA 94553 Amount: $250,000.00 By delivery to clerk on Date Received: January '14, 1985 By mail, postmarked on January 11, 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: January 14, 1985 PHIL BATCHELOR, Clerk, By ZYDeputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) Thu1 s claim complies substantially with Sections 910 and 910.2. ( ) Thi 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: P. By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) C ty 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 (�Q 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: °S' 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: �, �2/, Ik 1-r PHIL BATCHELOR, Clerk, By 7A� , Deputy Clerk "cc: County Administrator (2) County Counsel (1) „ CLAIM (File original and two copies) f Refer Answer to: KEVIN D. CAMPBELL, ESQ. TO: CLERK OF THE BOARD OF SUPERVISORS. J. RUSSELL BROWN, JR. 651 Pine Street County Administration Building A LAW CORPORATION Martinez, CA. 94553 _5455_ Wilshire Boulevard, Suite 1600 Los Angeles, California 90036 Phone No. WAYNE EDWARD KARCICH 125 Near Court, #405 Name of Claimant Address of Claimant Walnut Creek, California 94596 (415)947-3877 City and State Phone Number When did damage or injury occur? (Give exact date and hour) November 6, 1984 at 10:30 p.m. Where did damage or injury occur? On Railroad Avenue at a point 3.4 feet north of `—Zivi Avenue, City of Pittsburgh, County of Contra Costa, State of California. How did damage or injury occur? Give full details. At said time and place, claimant was riding his 1978 Harley-Davidson Super Glide motorcycle, bearing California license plate number 9N8722 southbound on Railroad Avenue when he encountered large pools of water covering the surface of the road at its intersection with Civic Avenue. Said large deposits of water caused claimant to lose direction and control of his motorcycle and therafter. crash. While claimant was attempting to right his motor- cycle, he was struck by a 1970 ford LTD bearing California license plate number 068PNB owned and operated by Manuel V. Castillo, who was issued a citation for felony drunk driving. What particular Act or Ommission on the part of County officers or employees caused the injury or damage? Please see attached.' for Darticular Act or Ommission. What damage 'or-in'uries do you claim resulted? Claimant sustained a tear of the left lateral miniscus and a probable tear of the right lateral miniscus. Claimant's 1978 Harlev Davidson Super Glide was declared a total loss, with a fair market value of $4,250.00. Claimant has sustained a wage loss in the amount of $500.00 per week. RECEIVED JAN /4, 1985 e. SIL T 1K l0A eOAC A� 8 CONTRATA�p e AS-58-1 (over) CLAIM OF: WAYNE EDWARD KARCICH Attachment to page One. WHAT particular Act or Ommission on the part of County Officers or employees caused the injury or damage? Unidentified County Street Maintenance and Construction workers negligently designed, constructed, installed, maintained and controlled the sprinkler system in place along Railroad Avenue, specifically the median strip as well as the west curb of said roadway in such a fashion as to allow large amounts of water to be sprayed onto the roadway thereby creating a dangerous and defective condition for motorists lawfully travelling thereon. Various unidentified county maintenance and construction workers negligently installed the sprinklers so that the direction of water was sprayed onto the street rather than the adjacent shrubbery. Various unidentified county workers negligently failed to inspect said sprinkler system since reasonable inspection would have revealed that the sprinklers were depositing large amounts of water on the roadway rather than the surrounding shrubbery and/or failed to post warnings of said dangerous condition. Various unidentified county highway and maintenance workers negligently allowed the water pressure flowing in the sprinkler systems to be of too great a force thus directing water onto the roadway as opposed to watering the surrounding shrubbery. ftftn"O"� Virh�1, .ii 11 � .�, ` r I r•As[ • ;f; C-0. ) 1S N REPOR OLl -17 O.IMJuw[O M e A CI .�. ripctiw<p{TOIGT MYratw ' {CONT �•`'� 1 r I LO �^ Inc.KILL{O 1 M a w CeuNT' E•owTINe p."'c" —`SEAT TgA RMO�1 5 O rI0 ` ` �•�l`/Y'1 •COLLIIUO— «OCCu11RT:0 OM 0O. MTTR. T/rt (fYf) "CIO Ru=pee o••IC[w /.0. — 0a • :8� 140 ST IM•OR"AT/eN ••--_--..- ����-�•__�.....�_�. 9aIw V.�T=w wwAV STATE wl{nwAV N[I_IIT[O •teT Or rlLa•p{T , Vaf L�Me ❑Vas wo , • AT IMTSw/ACON'IIT« •MOTOaN A•M{ TI 1 3 3. "nits �G� e• t= Vag we)1 "{ (nwsr,"IoeLa,LAST) ewwsN'awwrc sw"{ws Dwwaw .,,)\��..,• RIMA •sTwr AT ADORYss «ora•MONS OONISM'S ADORasS SA"a AS DRIVEN 4 -1 _.!^'t T/fTJ'T{:2:✓ auslMass►MOMS OI%POSTITpw M V!w M OMO{Rf 0• r 9v �V, �-•�ea���C,,,� "�' � ^ Lr o••Ictw �ewlvaw LJ oTNtw �._1- • _'•.RIVaR's LIGa Mfa MUMMaR STATS a1RTMOw7a f[i wACS O9wa C710N O• Ow/ACS Ofs (STN[aT 04"IONUAV) f•c Ep LIMIT 1 r0. OAT TIs/IV4 . • .h.'•w(e.) AM[(s)/MODK L(S)/COLOR is) Lleanow wo.(S) fTAT!(s) Cls"uaE ;VAMICLS DA"AOS—eiTKNT/LOCwTIOM ICJa � "MO �YOOtw ATt TOTAL . /&� I• •va" TT � LEFT �iec�: r...A:.�...i 19 I�Y���ww'%..I.I f 1 w`R=�.w I(Iwwfwww�,�.�I/Y/0 I►I .�Its w.I 9rwt_watAlf=. I�••AMa Iwonsi.r102La.LAST) V OwnaN'f 0A=tYa AS ORIVaw .• ..I•.�(T wrOwaSs No1ls•MOM[ OwwaN's ACO.CSs Z. SAM[Aa--lVzP C.TT/STATS/i11 aVSIMI Sf•MOMS AIS fTSO1�f'�►Var on ofteeaws o► 0 OIIICaR RI\I!N �J eTOER _ `Owlvaw•f LICE:wfa MVMO[R STAT[ a1wT«pwrt sf.i wwcc D+aGT OrION /ACleas IaTOCET ON MIOMOATI S=EED ur1T Mo. OAT Va. TOAVd __ I .�i _ •� - l"1 \N f --5/ARa,,ql lZ40tr: - Llcawse wo.1s) STATC(S) CHP USE V9MK ICLOArAGS—lxraMT/LOCATION w�M. .w(s) rwirlSMMoo[L(f)Ico►oR(s) _•1 1�,��/.'..�.I�. /j��/�J'�. �//1/�•'K/x . . . . .[ 4 . VEM/CZ[TV taArpO "00[wAT! C�WJON TOTAL t t •_ a/TT/�K.I ( wl�ti,Trj•...•+... / Y Mme.�C f/�KK AA \f 1 to i i4►�g�ulal/vr meri532 .. • Rnnnnnn )NA"I.(►IRST.VID9L[.LAST) owNaw's NAlwa swrN AV DRIVcw ::S7 IKI ADORSsf «O"E•MONS 0-map's AOONICSs ` SANK AS ORIVa0 -. .CITT/STATS/SIP swolNass HMONa IOIS•OSR1pM O/VEM OM OROI.Re or 1' ( 1 O O••ICER I�ORIVSN G OTM{R •ZOAI.I\N'S LIC[wfS MYMMUR STATS RIwT910ATZ KKi RACK DM asTIOK Or{ON/ACOOfs(STIREET OR MIGNwAT) s•ee0 L/V,T MO. OAT Ta. TwwV4 • t • Iva..TRjf) rARa(S)/MODS LIS)/COLOR(S) License wo.(s) STATE(5) CHP YfE VaMICL L OAMAGa—ciTa NT/LOCAT/OM 00116T1 CLw TT PC :._i=9000 L_:M009MATS ❑ "AJon ❑TOTAL ::�. . . . . . � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7T. !.A.& (rlwsT,WOODLC.LAST) owwtw's MAWS 0^609 AS DMIVlw .R JSTRSST AOONtSS MOM! Mona OwMS N'f AOOw!{f :SAMA Au D*.Vla )— l •!~)CITY/%TATE/TI• sustMlss•MONe O9s POSIN ft Ow waniow OROewf O• I 1. �O••ICSR LJ Ow1Vt■ L.1 OTMa■ 2R�ISR S LICKNsa MYMwsw STATS a10'TTIOA Ti asw[CTlZ1 OI ( ) f cE0 L....T 1 r0. OAT TR. s!Z RACE TwAvtl OM/ACR OKs fTMaaT On MIOMwwT A 1 ( _vr.f.,TR(f) MAnd IS)/"ODCL(S)/COLOw(6) LlCwm;w no.(%) {TATA(S) CMr JSE I VCMtCra DAY^Ga--L ZT[NT/LOCATIOM OML7 TT WS—cLA rr ' L M sn"oe MOD*fATW n f- J AJOr JJ 707^1 •lege 1 (R S•E`I)Dol 04 Ta ON, COLL/aION o /� - ,�-1 _ ^ I .+�`Q GA r l iii TO. [1y I 'ZZ J� I 1© 1 NO I B6t,— OR&2 S PROPERTY DAMAGE ' acwtrnow e• awrwaa ' rltR•a NwrIN/wsewsss NeTvlae ❑vas ❑NO 'IULATION(S) igG.Ral�3�►. PARTY s PARTY a •Awry • _CHARGED PRIMARY COLLISION FACTOR RIGHT Or TROL 1 2 a a Type OF VZHICLU I 2 a a MOVaMiNT►RtciD/NO �v NUMRaw 101 OF PARTY AT PAULTI W^CONTROLS runcriOntNG A PwssanGUw CARIOTA.WAGON COLLISION A VC SUCTION VIOLATION: a CONTROL$NOT•UNCTION/NG • PASSURGaw CAN W/TRAILINN A svOPPeD C CONTROLS OOSCUNSO C MOTONCYCLS/sceOTaw • PNOCSSD/NG WraAIGHT D OT"aR IMPROPaR INR/vING• C NO CONTROLS PRUSUNT O PICKUP OR PAWSL VRUCK C RAN OFF ROAD t PICKVP/PANSL TRK W/TNLR G MAKING RIGHT TWOW C OT"Rw THAN ONIVINN• Type OF COLLISION f TwYCN Ow MVCK PRA Crew t MAKING Lit"T40RR 10 UNKNOWN. A Ht AO.Or G TIIKMOK TRACTOR W/Tw LN f MAKING 40 TURN WCATHER (WANK 1 To I/TOMS) • $masw/Pe N SCHOOL Ous O SACKING J^CLUING C RUAR Uwe 1 OTNa/1 aus N$LOWINO–STOVPMIG • CLOUDY 10 RwDADMDIN J SWUMOWMCT VUNICLS 1 PASSING Ov"aw VINNICLU C NAINI"G t KIT OUJa CT K"Iry cONay.asu/•VONT J CNAMOMO LANUS 0 sNO-Ms F Ova RTunMaG I L•ICv CIa K PARKING MAN►UVaw t Poo G AUTO/PUGasTOIAN I M oTMan VINMICLU `INTONING TRAPPIC►Nor F OTHaw•: M OTHaa•: N PGDa9TSIAR SNOVLOaw,MSDIAN, L IG MWD O MOPING PANNING STRIP ON LIGHTING MOTOR VCHICLC INVOLVZO WITH PWWATU 011011/. A DAYLIGHT A NON-COLLIGION I 2 2 • THCR ASSOCIATCO FACTOR M OT"9w WNSAPIN TURNING 04091:-OAA. 0 PROLUi A1Aw IMA IN 1 TO 7.tans, N 1,III i.INTO OPsgsI614►&XI. C DARKyTNaaT LIGHTS C OTHUR MOTO"Va HICLU A vC sa CTIOr v1eLAvlew: O PAWNUD I)DARK–IIS SPROUT LIGHTS D MOTOR VON.ON OTRaw ROAOw Av P Mt Ro"* sTwaaT LIGHTS NOT [ PARKING MOTOR VEHICLE S VC SUCTION VIOLATION: O TwAVULINs w00=G WAY* t OANR– Pwac'"OwI"a• F TRAIN R oTNaw•: G OICVCLIN C VC St CTIOw VIOLATION: •' •~ROADWAY UURPACt N ANIMAL: 1 2 f • SOa1R1iTY–DRUO– A pAT D Vc Sarnow VIOLATION: PHYSICAL 1 :+ -INT � 1 PIKao oajacT: (rwwK I To 2 nWrsl C s.owv--ICT t Woolson OOSCUNUMNNTS: A NAD NOT 09911 DRINKING -;O GLIPPUWv (MUDDY,OILY,avc.) J OTHER Oa/UCT: •.*D–W"DINR IMPLuance 1- F INATTUNTION C.MSO–NOT uNDnn INVLU.• I GAD9/AY CONDITIONS G$TSP a IND TRAPP/t O wap–lr PAlwrtNT Waxes. IIIARa 1 TD 1 ITSrs) PCDtSTRIAN'S ACTION N aNVUSING/LEAVING MAN' E unbolt Dour INPLUCRcs• A.*Lee,age.RUTS• A NO PINeUSTRIAN INVOLVING 1 Pwa V/Sus COLLIsMN F IWPAIwra"T–PNVOICAL• LDD9U MATINRIAL ON NOAD-Av• CROSSING IN CIROSWWALR J UNFAMILIAR WITH ROAD. G IMPAIRMENT NOT follow" • C OSSTR40 CTIOM ON ROADWAY• A7 IMTaRSi CTION K Oa/t CTIVIN YtH,INOWP.: N NOT A►PLICA SLt O CeMsTR11CTIOr-0INPAIN Some CIGOSSIHS IN CROSSWALK–NDT 1 SLINNPV/PATIGUUD C C wINGVt70 ROADWAY WIDTH AT IMTaR9t C'T/ON L YN/NVOLV tO WINMICLIN P FLOODING• O CROSSIIIG-RIOT IN CROSSWALK M OTMaR•: 1 2 2 • SPSCIAL INFORMATION T` OT"low It: E In ROAD–INCLUORS S"Ouwaw N HONG APPAOS T A NAtANOOVS rATawuLs- �1'1 no UNUSUAL CONDITIONS F NOT IN ROAD O 411001111A AV VSHICLa • PING INVOLVING. �•— G APPROACHING/LUAVIRS SCHOOL mug C Ties Dopa CT/PAILURa• .-TCM MISCULLANKOUS IND.CAT► "DOTH PHYSICAL DESCRIPTION OF PARTY NUMRUw HAIR Ove$ "a1GPT waIGHT W...9 tir L'..w—iV Olt NO* o/IT Tw. wcvr$waR'a"Ara ro, OAT Tw AP 555—Paye 2 iRw"1) OPI 042 aEzplosin on nornstiv PITTSBURG POLICE OEPARTMW ' 4. pfrr=URG.CALIFORMA clT apses POPERTIJ � �gookft PM16 1 s��u:� ok. sem•+�► pt c� sar Ui Rom to Lose" s[ - S& Came oL Lri Doeeip� P�+emrid b1' ar i w drat t11finerh Pfone br Gr rase► Ser. Ck••a Im. (3 jaw Q ��,,, Q ts.d G� ?—)n!1; (4) CIooO) !OP t'aLLIsMw Time (NASA) C1C wulmeR OOP ALD. Lzaa- EXTENT OF INJURY fCheek Ont) INJURED WAS(Chee4 Owe) PARTT •N1"si PAaatNGER AGt EtX MLT _. OYfLY+- ATAL Iw/Vnr sEvsns Oevwa OTNNR vista COMPLAINT �/I/vEw PASL. PEO. C7 CLJiT 0/y YY�LR_-_ _ I DISTORTsO Msrosw INJwasE/ OO PAIN ❑ ❑ ❑ TAKEw To(INJUR■OewLv} tJ'P�`�lslf' V, Ig TAKtw TO (INJURED ONLr -wets TSLSPNONR t L 2Aflo �_ _l wJ 1 L.l..ti CA. IF42 Cl L 14 1 M 1 ❑ t__ice ❑ ❑— - -Ej E ❑ ❑ ❑ 1 on - TAKEN TO(INJUReD ONLY) IWs __ - - .. _ _. _ TELEPHONE AS TAKEN TO (IRJuwao ONLY) Inglis TELEPHOwe ❑ ❑ ❑ ❑ I ❑ ❑ 1 ❑ 1 ❑ y❑ ❑__. — Ifa-• _ -„��•�•.... _ TAKEN TO (INJURED ONLY) --+ -�- - ME TAKEN TO(INJUReD ONLY) DMus TILLEPNOMg ❑ Q I ❑ I C-j 1 ❑ 1 17 1 o-- - ME-- •- ,_ .^.••�. v .. _ _ __ — :. ,"—TAKKN TO (INJUNEO ONLY) •__.._ -_--_ ewass --. TELEPMOME ys . TAKEN TO (INJURED ONLY) o _ IRA// M! 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V 77 v - T/COUNTT/JVDICIA6 w4j"ICT 106"OTIM10 Ot/TRtCT/uAT CtTATtON MUraRR CATION fewwacT f cz� n&6z t T l i t T I 1 i T ` T IalL-p-oan, AxlcE-o - v � z wZPANNN'S NAra 1.0.NYYaaR r0. OAT TR. Inawfewma.s NAra 040. OAT TR. CoP9 'P 556 (Rev 4.83)OPI 042 Use previous editions until depleted. JVKAWMATMICO-SUPPLICOUNTAL zmwloft an ONT ■ •r _ c lc� .. V a• a �S, ' 1 i v _tom _gZ 4 /A _ - a v 2� 7 1,JA rd2Z i -7W (� 7. IAJ ta, 7-014?rIV Ze . y + �r ' ' t I . _t • �/ i• 4-51I i� �a • I iL! I. l 'ESPARRR'S SAM 14 01060M 00. DAV VS. jftff*I8W9W'jj ILAWC "AT t • 1 CMIDC • CMRCN Olf aRRATME/SUPPLEMENTAL NARRATIVE ❑ eU►►LUIR NTAL COLLIeION Rt►ORT �T■ O! "too-PALIA ORNT TIrR (w.) Ne1C"Ummom OPPICDR LO. "UNDUE Ao - c� !T/COUNTY/JUDICIAL DISTRICT RRPORT/900 DISTRICT/DRAT CITATION WUNIDER ,CATION/DUOJRCT L T A L_ A ei T_yge:?- L1,6HT # 1. /? 7. F #I A694 t T I co t Fillc :. -c , 3. T5. :PN ME—r-e7le- -R/ARf R'$RAI/R I.D.NNUMDRR rO. DA♦ TR. 1"aw"' Van's wAr[ r0. OAT TR• _ lv & 94 IP 556 (Rev 4$3)OPI 042 Use previous editions until depleted. /1 av • I ewe ewe 4RRATIVE/SUPPLEMENTAL NANg ATlvst ❑ eu►tLe;MtNTAL COLLtg10N ASOUT ❑ OTN R: �r O 1MIIa�"AL'�'wg/ggNT TI"e (MEE) "Cle wYMEEE Mlleew Lg. "Y"geg o. I l weV• mow. �Z n/COY"TT/ YMGAL METEICT "ePegTMe DISTRICT/ge AT CITATpw"urge• 1CAT0w/e V gjg CT 1 1 (o � � r T i / T Q 1 Z 3C. --CAS .1y'llp't CnIc% Cc:ps�" c), x a T �kr - : —:;;7012 N T T / C ' I/071-Azz QE-ANEN's wAMe l0.wYMEeN Me. OAY TN. Ne T.ErEN'f NAME MO. PAT TE. l40 FA IP 556 (Rev 483)OPI 042 Use previous editions until depleted. I oa CMR CIt - tiwRCR ewR ,RR.tifkVl�/��lPPLEIVIENT�►L 111ARRISn ❑ SU►►ILeYitRTAt CoutelOM Rc►ORT ❑ oTTe R: 1R OAIe 1MAlr►R:C�O/1RT jTI"W (24") wCIC wuwRRw O.w/CR•u. wYYRRw ' OA• Va. 08 .V ♦ _08 19 r T/COu NTy IJUO/CIAL 019TRICT RR.ORTIMS OIRTOICT/BRAT CITATION NYRReR f. _ATION/wuRJRCT {E`{ C f L %LA-Qps E Tv � C t t' +�A/QST 74 O _ & �f�514/HJT /S S cJd7) o4e�ST a AA90'4 NAYwL0.w�u N\RR0 YO, OAT Tw. wRY1f RRw'{NAtlt YO. OA♦ TA. =56 (Rev 483)OPI 042 Use previous editions until depleted. i. 2- _2 .It * •T CLAIM i BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) BICE TO CLAIMANT February 19, 1985 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 9t%t;; ty leas! note all "Warnings". Claimant: Michael Harguth . Attorney: Steve F. Houghton JAN 1 7 1984 Hineser, Houghton & Mullin Martinez, Address: P.O. Box 396 CA 94553 Concord, CA 94522 Amount: $15,000.00 By delivery to clerk on Date Received: January 16, 1985 By mail, postmarked on January 15, 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. f Dated: January 16, 1985 PHIL BATCHELOR, Clerk, Bya&W_,r_ 16&d'� Deputy ff Jolene Edwards II. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of 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 05/1) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: _ & U _ 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 tp claimant. DATED: &.1- ;?-/ �'J- PHIL BATCHELOR, Clerk, By Q, (�_ , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM .+ HINESER, HOUGHTON & MULLIN MARTIN HINESER AN ASSOCIATION OF ATTORNEYS PLEASE REPLY TO: STEVE F.HOUGHTON SALVIO PACHECO SQUARE P.O.BOX 396 RONALD K.MULLIN CONCORD.CA 94522 POST OFFICE BOX 396 ROCKNE A.LUCIA.JR TELEPHONE CONCORD, CALIFORNIA 94322 (4+5)e25-+212 DOUGLAS G.LAMAR (41S)798-3413 January 14, 1985 RECEIVE JAN 16, 198.5 Contra Costa Board of Supervisors s~+ARDOPweoa P Cl 9K BDARD Oi }lof,,�IfiQr7'a; Administration Building coNnu► T 6 651 Pine Street ay. Y Martinez, California 94553 To the Contra Costa County Board of Supervisors: This is formal notice that Michael Harguth hereby makes claim against the County of Contra Cost for the sum of $15 ,000 .00, and makes the following statements in support of his claim: 1. Claimant's address is 2989 Putnam Boulevard, Pleasant Hill, California, 94523 . 2 . Notices concerning the claim should be sent to Steve F. Houghton, Attorney at Law, 2151 Salvio Street, Suite 333, Concord, California 94522 . 3 . The initial occurrence giving rise to this claim occurred on or about October 9 , 1984 at the Martinez County Jail, Martinez, California. 4 . The circumstances giving rise to this claim are as follows; At the above time and place employees of the Contra Costa Sheriff's Department surrendered the claimant to the authorities of the state of Louisiana pursuant to a fugitive warrent issued by that state, on the 18th of June 1982 . Such surrender of the claimant was in willful disregard to the provisions of Penal Code 91550 .2. The action of the County of Contra Costa, in surrendering claimant, caused the claimant unnecessary legal expense and severe emotional distress. 5 . Claimant' s damages are legal expenses, the cost of defense counsel in California and Louisiana. 6 . The name of the public employee causing the claimant' s injuries is Lt. Donna Erwin and Does 1 through 10 . Claimant will amend this claim to insert the two names of Does 1 through 10 when ascertained. �J January 14, 1985 Contra Costa Board of Supervisors Page Two 7 . The amount of this claim as of this day is $15 ,000 .00 . The basis of computation for the above amount is as follows ; Estimated legal expenses to date $5,000.00 . General Damages $10 , 000 .00 Total $15, 000 .00 8 . The filing of this claim shall not act as a bar to claimant from recovery of additional damages ascertained at a future time. Very truly yours, HINESER, HOUGHTON & MULLIN STEVE F. HOUGHTON SFH:mmc 2 Z_ CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA CO(JNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District .) BICE TO CLkIMANT February 19, 1985 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. 1. Please note all "Warnings". Claimant: Conrad Yates County Counsel Attorney: Charles J. Naguire, Jr. VanDePoel, Strickland & Haapala .1A N 16 1985 Address: 2030 Franklin St. , Fifth Floor Oakland, CA 94612 Martinet, CP-94553 Amount: Unspecified By delivery to clerk on Date Received: January 15, 1985 By mail, postmarked on January 14, 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. D Dated: January 15, 1985 PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections10 and 91 .2.a�o tms o olc- s m r.'�c�e�.vvu li v►� SAV e4.u-C01deqa•lt�i ar-isin -�i6-," ( ) This claim PAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( X) 61.7m s 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). Sce lz/azJ . ( �O Other: ;n a rc /4-1-e- fv //U-. f/7 Q re re 5 u. hlnissl d77-S U Cc '!n _ e ..w U c fz b er / 3 a,7 _;76L�h u 6c v / g 51, �•�' Dated: / By: Deputy County C tinsel MOM XII. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator (X) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present o This claim is re ected _tz ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: "q /f'1.S 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:_ - 2�, PHIL BATCHELOR, Clerk, By ca_ Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM jolm R. The Board of Supervisors COI'1trdCounty C1'k " '"° r� Esc oMicio CNrk of the Board �Gl vim 06"Mu w%moll County Administration Building Chest Cterk P.O. Box 911 (415)V2-2371 Martinez, California 94553 COLM Ton Vmarars, 1st District Nancy C.fehdsn.2nd District gop�A I.ichroda►,3rd Distract $unns Wright Mctssak,4th District Ton Tortaksot,Stn District Conrad Yates c/o Charles J. Maguire, Jr. VanDePoel, Strickland &. Haapala 2030 Franklin Street, Fifth Floor Oakland, CA 94612 NMCE TO CLAIMWr (O�Late-Fil�aitn) (Government Code Section 911.3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the X County of Contra Costa and/or District, On January 15, 1985 is being returned to you herewith use it was not present w thin 100 days after the event or 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 an 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 sane 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. 110 BE FILLED IN BY THE CXM CP Tim BOA1m COY IF AMJC'AREE: Since a portion of your claim is not untimely, we are retaining a copy of your claim for Board action an that portion of your claim which is not untimely. Phil Batchelor, Clerk cf the Board of Supervisors and County Administrator By: iv Deputy Clerk Date: February. 11, 1985 1 1 JOHN E. HAAPALA _ CHARLES J . MAGUIRE, JR. �� �I 2 VAN DE POEL, STRICKLAND & HAAPALA EIVED 2030 Franklin Street , Fifth Floor 3 Oakland , CA 94612 JAN (/ 1985 Telephone : (415) 763-2324 4 ON"?ATC�lOA Cl aN 130."OF w�ERV15 Attorneys for Claimant o,,, CO"TACo. OR3 5 CONRAD PATES ° �lL.1t oaur 6 7 8 SECOND SUPPLEMENTAL CLAIM AGAINST COUNTY OF CONTRA COSTA (HAPPY VALLEY ESTATES LITIGATION) 9 TO: COUNTY OF CONTRA COSTA 10 Clerk of the Board of Supervisors 651 Pine .Street , First Floor 11 Martinez , CA 94553 a 12 COUNTY COUNSEL ATTORNEYS OFFICE x N 651 Pine Street, First Floor 4 a W 13 Martinez , CA 94553 z � ¢ a: <,11� oN 1 . The claimant ' s name is CONRAD YATES . l4 V } J LL " CL Z < UA Cl LLLLZ 15 2 . It is requested that notice be sent to claimant in 00 0 < 0 16 care of VAN DE POEL, STRICKLAND & HAAPALA, 2030 Franklin Street, W ° 17 Fifth Floor , Oakland , California 94612 to the attention of John Z a 18 E. Haapala . 19 3 . The date , places and circumstances of the occurrence 20 or the transaction that gave rise to this claim are as follows : 21 Claimant incorporates the claim presented the COUNTY OF 22 CONTRA COSTA on October 18 , 1983 and attached as Exhibit 1 . Claim 23 ant also incorporates the supplemental claim against the COUNTY 24 OF CONTRA COSTA presented on January 5 , 1984 and attached as 25 Exhibit 2 . 26 Claimant supplements these claims relating to the Happy 27 Valley litigation to include a claim for indemnity and further 28 damages for inverse condemnation arising from the service of 1 a first amended complaint in intervention by the Happy Valley 2 Estates Homeowners Association on December 19 , 1984 entitled 3 Happy Valley Estates Association v. The Cork Harbour Company, 4 et al . , Case Number 224922 , Superior Court of California in 5 Contra Costa County. The first amended complaint in intervention 6 requests affirmative relief by way of damages against claimant 7 for claimant' s alleged negligence in the maintenance of claimant' s 8 property so as to cause property damage to Lot A of Subdivision 9 4747 as a result of earth slippage . Plaintiff in intervention 10 alleges that it is the owner of Lot A in Subdivision 4747 located a 11 in or near the City of Lafayette in Contra Costa County. a 12 Claimant ' s injury and claim are the same as stated in his N 4 a13 claim of October 18 , 1983 and. supplemental claim of January LU � H¢¢ z &OZ92. 14 5 , 1984 , except in an addition to the damages for which claimant x >-J LL LL V w Z x a A a zQ ~°" 15 may be held liable as outlined in those claims , claimant may LL O Ui J f6 J a " 0 16 also be held liable for injuries and damages to the property LU z 17 of Happy Valley Estates Homeowners Association. 18 DATED: January 14 , 1985 19 VAN DE POEL, STRICKLAND & HAAPALA 20 21 By CHARLITSJ. MAG IRE, R. ' 22 Attorneys o C1ai t CONRAD YATE 23 24 25 26 27 28 -2- I JOHN E. HAAPALA CHARLES J. MAGUIRE, JR. 2 VAN DE POEL, STRICRLAND & HAAPALA 2030 Franklin Street 3 Fifth Floor Oakland, CA 94612 4 Attorneys for Claimant 5 CONRAD YATES 6 7 8 CLAIM AGAINST COUNTY OF CONTRA COSTA 9 TO: COUNTY OF CONTRA COSTA Clerk Of The Board Of Supervisors 10 651 Pine Street, First Floor Martinez, CA 94553 L 11 COUNTY COUNSEL ATTORNEYS OFFICE 12 651 Pine Street, First Floor n Martinez, CA 94553 � gW 13 S <~Naz 14 1 . The claimant's name is CONRAD YATES. oa � }Joos ' WZ = < � z �� 15 . requested 2It is that notices be sent to claimant in care - < � � 0��= c16 of VAN DE POEL, STRICRLAND & HAAPALA, 2030 Franklin Street, Fifth 17 Floor, Oakland, California 94612 to the attention of John E. 18 Haapala. 19 3. The date, place and circumstance of the occurrence or 20 the transaction that gave rise to this claim are as follows: 21 Claimant is a home owner whose residence is located at 22 3820 Quail Ridge, Lafayette, California 94549 (Lot 20, 23 Subdivision 3314) . Claimant's home is located uphill from Happy 24 Valley Estates in Lafayette, California (Lots 1-14, Subdivision 25 4747) . Claimant purchased his property in 1971. The downhill 26 property, at Happy Valley Estates, was developed in 1977. 27 On a date presently unknown to claimant, the COUNTY OF 28 CONTRA COSTA accepted a sanitary sewage and storm drainage system EXHIBIT 1 0 I running through Tract 3314 and more particularly on claimant's 2 property at 3820 Quail Ridge (Lot 20, Subdivision 3314 ) . COUNTY 3 OF CONTRA COSTA, since the time mentioned above, has been respon- 4 sible for the inspection, maintenance and control of the sanitary 5 and storm sewer system. 6 Claimant believes that during 1977, the COUNTY OF CONTRA 7 COSTA, the City of Lafayette and Contra Costa County Sanitary 8 District, accepted, approved, certified and inspected the sani- 9 tary and storm drainage system located on the downhill property 10 of Happy Valley Estates (Lots 1-14 , Lot "A" Subdivision 4747 ) . 11 On September 5, 1983 claimant was served with a cross- 12 complaint for indemnity by the Happy Valley Estates Homeowners 5W $ 13 Association. The cross-complaint was filed on August 12, 1983 in ,c-0 14 the case entitled The Cork Harbor Company v. J. Arthur White Y-'0t u W15 Corporation, et al. , Case No. 224 922, Superior Court of z2�� 16 California in Contra Costa County. The cross-complaint alleges 0 17 that the uphill landowners ( including claimant in Subdivision 18 3314 ) negligently maintained their property so as to allow water 19 to drain from their property downhill toward Happy Valley Estates 20 (Subdivision 4747) . The cross-complaint also alleges that the 21 COUNTY OF CONTRA COSTA and the City of Lafayette negligently 22 approved, certified and inspected the sanitary sewer and storm 23 drainage system at Happy Valley Estates ( Subdivision 4747) . 24 Claimant is informed and believes that if water draining fro 25 his property to the downhill property caused any damage to Happy 26 Valley Estates, then the failure of the Contra Costa County 27 Sanitary District to inspect, maintain and control the storm 28 drainage pipe running through his property was a proximate cause -2- I of land slide and earth movement which took place on both 2 claimant' s and Happy Valley Estates property. Further, if the 3 time, preparation, construction and installation of piping and 4 sewers at Happy Valley Estates (Subdivision 4747) caused or 5 contributed to land slides and other movement, then claimant is 6 informed and believes that the COUNTY OF CONTRA COSTA was negli- 7 gent in design, preparation and installation of the drainage was 8 the proximate cause of the damages. 9 Claimant's property and the vegetation thereon was damaged 10 by subsidence, landslides, excavation and cutting away which 11 occurred before, on and after August 19 , 1983. The damage was 12 caused by the acts and omissions of the COUNTY OF CONTRA COSTA 3� 13 described above. W 14 4. The employees of the COUNTY OF CONTRA COSTA involved in �zoo� z<LL0J! the inspection, maintaining and control of the drainage system on oma " 15 P g 9 Y 0 16 the uphill property are unknown and those participating in the 17 inspection and approval of the downhill drainage system are 18 unknown. 19 5. Claimant' s injury is 1 ) potential liability for damages 20 caused by a landslide and earth movement and repairs necessitated 21 thereby and 2) monetary damages for loss of his property which 22 was excavated, cut away, and which lost the support of claimant' s 23 residence. 24 6. Claimants claim as of this date is for indemnity, mone- 25 tary damages of an unknown amount for inverse condemnation of 26 claimant's property, attorneys' fees and the costs of defense of 27 this action. The amount of indemnity sought cannot be determined 28 at this time although The Cork Harbor Company and Happy Valley -31 'dL-- - I Estates Homeowners Association estimate the cost of repair pre- 2 sently to their property at $300,000 to $500,000 and may cost 3 more before repairs are completed. 4 DATED: r t�i�,_- 1 ' , 1983 5 6 VAN DE POEL, STRICKLAND & HAAPALA By 8 CHARLESOJ MAGU?IPE, JR Attorneys for cfaimahe 9 CONRAD YATES 10 11 12 SW 13 'K'z <yoa - 14 030 W2S<a zcc Q$-°9 15 Ci 0 V Y z S 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- t I CERTIFICATE OF MAILING 2 I, the undersigned, declare under penalty of perjury: 3 That I am a citizen of the United States, over the age of 18 4 and not a party to the within cause or proceeding; that I am an 5 employee of VAN DE POEL, STRICKLAND & HAAPALA, and my business 6 address is 2030 Franklin Street, Fifth Floor, Oakland, CA 94612; 7 that I served a true copy of the attached: 8 CLAIM AGAINST COUNTY OF CONTRA COSTA 9 by placing said copy in an envelope addressed to: 10 COUNTY OF CONTRA COSTA 11 Clerk Of The Board Of Supervisors 651 Pine Street, First Floor 12' Martinez, CA 94553 3� t3 COUNTY COUNSEL ATTORNEYS OFFICE �W < 651 Pine Street, First Floor dHoaV t4 Martinez, CA 94553 WZZ �zoo� Z<o"0 15 cc g R 16 17 18 19 20 which envelope was then sealed and postage fully prepaid thereon, 21 and thereafter, on the date set forth below deposited in the 22 United States mail at Oakland, California. (That there is deli- 23 very service by United States mail at the place so addressed, or 24 regular communication by United States mail between the place of 25 mailing and the place so addressed. ) 26 Executed at Oakland, California, this 18 day of October, 27 1983. 28 77 G' I JOHN E. HAAPALA CHARLES J. MAGUIRE, JR. 2 VAN DE POEL, STRICKLAND i HAAPALA 2030 Franklin Street, Fifth Floor 3 Oakland, CA 94612 Telephone: (415) 763-2324 4 Attorneys for Claimant 5 CONRAD YATES 6 7 8 SUPPLEMENTAL CLAIM AGAINST COUNTY OF CONTRA COSTA 9 TO: COUNTY OF CONTRA COSTA Clerk of the Board of Supervisors �� 651 Pine Street, First Floor 11 Martinez, CA 94553 12 COUNTY COUNSEL ATTORNEYS OFFICE 651 Pine Street, First Floor 13 Martinez, CA 94553 14 1. The claimant's name is CONRAD YATES. 15 2. It is requested that notices be sent to claimant 16 in care of VAN DE POEL, STRICKLAND & HAAPALA, 2030 Franklin 17 Street, Fifth Floor, Oakland, California 94612 to the attention 18 of John E. Haapala. 19 3. The date, place and circumstance of the occurrence 20 or the transaction that gave rise to this claim are as 21 follows: 22 Claimant incorporates the claim presented to the COUNTY 23 OF CONTRA COSTA on October 18, 1983 and attached as Exhibit 1. 24 Claimant supplements the October 18, 1983 claim for indemnity 25 ' and damages for inverse condemnation to include a claim 26 for indemnity and further damages for inverse condemnation 27 arising from the service of a cross-complaint by snail on 28 October 28, 1983 entitled David Hicks and Ann Hicks v. The EXHIBIT 2 5 ' r 1 Cork Harbor C� ompanyr et al. , Case Number 224922, Superior 2 Court of California in Contra Costa County. The cross-complaint 3 of David Hicks and Ann Hicks alleges that claimant must 4 indemnify cross-complainants for any judgment against the 5 Hicks in favor of any party to the Cork Harbor litigation. 6 The cross-complaint of David Hicks and Ann Hicks also requests 7 affirmative relief by way of damages against claimant for 8 claimant's alleged negligence and alleged nuisance in the 9 maintenance of claimant 's property so as to cause property 10 damage sustained to the Hicks' property on April 7, 1983 11 as a result of earth slippage. The Hicks allege that they 12 are homeowners within subdivision 4747 located in or near 13 the City of Lafayette in Contra Costa County. 14 Claimants injury and claim are the same as stated 15 in his claim of October 18, 1983 except that in addition 16 to the damages for which claimant may be held liable as 17 outlined in the claim of October 18, 1983, claimant may 18 also be held liable for the injuries and damages in the 19 property of David Hicks and Ann Hicks. 20 DATED: January 5, 1984 21 VAN DE POEL, STRICKLAND i HAAPALA 22 23 By 24 CHARLES J. MAGUIRE, JR. Attorneys for Claimant 25 CONRAD YATES 26 27 28 I JOHN E. HAAPALA CHARLES J. MAGUIRE, JR. 2 VAN DE POEL, STRICRLAND i HAAPALA 2030 Franklin Street . 3 Fifth Floor Oakland, CA 94612 4 - Attorneys for Claimant 5 CONRAD YATES 6 7 8 CLAIM AGAINST COUNTY OF CONTRA COSTA 9 TO: COUNTY OF CONTRA COSTA Clerk Of The Board Of Supervisors 10 651 Pine Street, First Floor Martinez, CA 94553 11 COUNTY COUNSEL ATTORNEYS OFFICE 12 651 Pine Street, First Floor . Martinez, CA 94553 s. 13 W ` 14 1. The claimant's name is CONRAD YATES. .JI►J 15 2. It is requested that notices be sent to claimant in care r 16 of VAN DE POEL, STRICRLAND & HAAPALA, 2030 Franklin Street, Fifth 0 17 Floor, Oakland, California 94612 to the attention of John E. 18 Haapala. 19 3. The date, place and circumstance of the occurrence or 20 the transaction that gave rise to this claim are as follows: 21 Claimant is a home owner whose residence is located at 22 3820 Quail Ridge, Lafayette, California 94549 (Lot 20, 23 Subdivision 3314) . Claimant's home is located uphill from Happy 24 Valley Estates in Lafayette, California (Lots 1-14, Subdivision 25 4747) . Claimant purchased his property in 1971. The downhill 26 property, at Happy Valley Estates, was developed in 1977. 27 On a date presently unknown to claimant, the COUNTY OF 28 CONTRA COSTA accepted a sanitary sewage and storm drainage system EXHIBIT 1 I running through Tract 3314 and more particularly or. claimant's 2 property at 3820 Quail Ridge (Lot 20, Subdivision 3314) . COUNTY 3 OF CONTRA COSTA, since the time mentioned above, has been respon- 4 sible for the inspection, -maintenance and control of the sanitary 5 and storm sewer system. 6 Claimant believes that during 1977, the COUNTY OF CONTRA 7 COSTA, the City of Lafayette and Contra Costa County Sanitary 8 District, accepted, approved, certified and inspected the sani- 9 tary and storm drainage system located on the downhill property 10 of Happy Valley Estates (Lots 1-14 , Lot "A" Subdivision 4747) . 11 On September 5, 1983 claimant was served with a cross- 12 complaint for indemnity by the Happy Valley Estates Homeowners 3 13 Association. The cross-complaint was filed on August 12, 1983 in W - 14 the case entitled The Cork Harbor Company v. J. Arthur White Y r r 15 Corporation, et al. , Case No. 224 922, Superior Court of 16 California in Contra Costa County. The cross-complaint alleges 17 that the uphill landowners (including claimant in Subdivision t6 3314 ) negligently maintained their property so as to allow water 19 to drain from their property downhill toward Happy Valley Estates 20 (Subdivision 4747) . The cross-complaint also alleges that the 21 COUNTY OF CONTRA COSTA and the City of Lafayette negligently 22 approved, certified and inspected the sanitary sewer and storm 23 drainage system at Happy Valley Estates (Subdivision 4747) . 24 Claimant is informed and believes that if water draining from 25 his property to the downhill property caused any damage to Happy 26 Valley Estates, then the failure of the Contra Costa County 27 Sanitary District to inspect, maintain and control the storm 28 drainage pipe running through his property was a proximate cause -2- I of land slide and earth movement which took place on both 2 claimant's and Happy Valley Estates property. Further, if the 8 time, preparation, construction and installation of piping and 4 sewers at Happy Valley Estates (Subdivision 4747) caused or 5 contributed to land slides and other movement, then claimant is 6 informed and believes that the COUNTY OF CONTRA COSTA was negli- 7 gent in design, preparation and installation of the drainage was 8 the proximate cause of the damages. 9 Claimant's property and the vegetation thereon was damaged 10 by subsidence, landslides, excavation and cutting away which 11 occurred before, on and after August 19, 1983. The damage was 12 caused by the acts and omissions of the COUNTY OF CONTRA COSTA 13 described above. W 14 4. The employees of the COUNTY OF CONTRA COSTA involved in a 15 the inspection, maintaining and control of the drainage system on 16 the uphill property are unknown and those participating in the 17 inspection and approval of the downhill drainage system are tg unknown. 19 5. Claimant's injury is 1) potential liability for damages 20 caused by a landslide and earth movement and repairs necessitated 21 thereby and 2) monetary damages for loss of his property which 22 was excavated, cut away, and which lost the support of claimant's 23 residence. 24 6. Claimants claim as of this date is for indemnity, mone- 25 tary damages of an unknown amount for inverse condemnation of 26 claimant's property, attorneys' fees and the costs of defense of 27 this action. The amount of indemnity sought cannot be determined 28 at this time although The Cork Harbor Company and Happy Valley 1 Estates Homeowners Association estimate the cost of repair pre- 2 sently to their property at $300,000 to $500,000 and may cost 3 more before repairs are completed. 4 DATED: (ter +or ` , 1983 5 6 VAN DE POEL, STRICKLAND 6 HAAPALA By l �} 8 CHARLES .J MAGgI E, Jed Attorneys for�C aims 9 CONRAD YATES 10 11 12 W 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . -4 /1 CERTIFICATE OF MAILING 2 I, the undersigned, declare under penalty of perjury: 3 That I am a citizen of the United States, over the age of 18 4 and not a party to the within cause or proceeding; that I am an 5 employee of VAN DE POEL, STRICKLAND a HAAPALA, and my business 6 address is 2030 Franklin Street, Fifth Floor, Oakland, CA 94612; 7 that I served a true copy of the attached: 8 CLAIM AGAINST COUNTY OF CONTRA COSTA 9 by placing said copy in an envelope addressed to: 10 COUNTY OF CONTRA COSTA 11 Clerk Of The Board Of Supervisors 651 Pine Street, First Floor 12 Martinez, CA 94553 3 13 COUNTY COUNSEL ATTORNEYS OFFICE :W t 651 Pine Street, First Floor 14 Martinez, CA 94553 !9R1 r J � g 15 16 17 18 19 20 which envelope was then sealed and postage fully prepaid thereon, 21 and thereafter, on the date set forth below deposited in the 22 United States mail at Oakland,- California. (That there is deli- 23 very service by United States mail at the place so addressed, or 24 regular communication by United States mail between the place of 25 mailing and the place so addressed. ) 26 Executed at Oakland, California, this 18 day of October, 27 1983. 28 .�,�--- G. I Y 1 CERTIFICATE OF MAILING 2 I , the undersigned, declare under penalty of perjury: 3 That I am a citizen of the United States, over the age of 4 18 and not a party to the within cause or proceeding; that I am 5 an employee of VAN DE POEL, STRICKLAND i HAAPALA, and my business g address is 2030 Franklin Street, Fifth Floor, Oakland, 7 CA' 94612; that I served a true copy of the attached: 8 SUPPLEMENTAL CLAIM AGAINST COUNTY OF CONTRA COSTA 9 by placing said copy in an envelope addressed to: 10 COUNTY OF CONTRA COSTA Clerk of the Board of Supervisors 11 651 Pine Street, First Floor Q 12 Martinez, CA 94553 X COUNTY COUNSEL ATTORNEYS OFFICE e S 13 651 Pine Street, First Floor s< 14 Martinez, CA 94553 n � v}j � zIt- 15 g � 'W c 17 Z > 18 19 20 which envelope was then sealed and postage fully prepaid thereon, 21 and thereafter , on the date set forth below deposited in the 22 United States mail at Oakland, California. (That there is 23 delivery service by United States mail at the place so addressed, 24 or regular communication by United States mail between the place 25 of mailing and the place so addressed.) 26 Executed at Oakland, California, this5th day of January 27 198 4. 28 DAVELYNW LIEBIG elf g D- I CERTIFICATE OF MAILING 2 I , the undersigned , declare under penalty of perjury: 3 That I am a citizen of the United States, over the age of 4 18 and not a party to the within cause or proceeding; that I am 5 an employee of VAN DE POEL, STRICKLAND & HAAPALA, and my business 6 address is 2030 Franklin Street , Fifth Floor, Oakland , CA 94612 ; 7 that I served a true copy of the attached : 8 SECOND SUPPLEMENTAL CLAIM AGAINST COUNTY OF CONTRA COSTA 9 by placing said copy in an envelope addressed to: 10 COUNTY OF CONTRA COSTA Clerk of the Board of Supervisors c 11 651 Pine Street , First Floor J Martinez , CA 94553 CL 12 COUNTY COUNSEL ATTORNEYS OFFICE w 13 651 Pine Street, First Floor .a 3 ° 5 W Martinez , CA 94553 gQ�o- 14 V YYoo� WZ 2<d 1-- 15 co Q LL LL= o a 16 CL ° W a 17 Z Q > 18 19 20 which envelope was then sealed and postage fully prepaid thereon, 21 and thereafter, on the date set forth below deposited in the 22 United States mail at Oakland, California . (That there is 23 delivery service by United States mail at the place so addressed , 24 or regular communication by United States mail between the place 25 of mailing and the place so addressed . ) 26 Executed at Oakland , California, this 14th day of January 27 1985 . 28 �, L avey- ynn Liebig