HomeMy WebLinkAboutMINUTES - 02051985 - 1.2 (2) tet. APPLICATION TO FILE LATE CLAVI
BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT February 5, 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: John J. Turley County Counsel
Attorney: J. Michael Brown JAN Q 2 185
1171 Murrieta Blvd. , Suite 1
Address: Livermore, CA 94550 Mattin�Z, �� 9553
Amount: $600,000.00 By delivery to Clerk on December 28, 1984
Date Received: December 28, 1984 By mail, postmarked on
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: Dec. 28, 1984 PHIL BATCHELOR, Clerk, ByDeputy
=--=No &6m�
Jo enc EdwarCs
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6).
i
The Board should deny this Application to File Late Claim 911.6).
DATED: VICTOR WESTMAN, County Counsel, By/ Deputy
III. BOARD ORDER By unanimous vote of Superviso present
(Check one only)
( ) This Application is granted (Section 911.6).
( �D 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: - 5 f /y Z-�— PHIL BATCHELOR, Clerk, By (�. (�_ �*-G" 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 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: 02 — 7 k5 PHIL BATCHELOR, Clerk, By �J_��, 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 p�
County Administrator, B
APPLICATION TO FILE LATE CLAIM
RECEIVED
1 J. MICHAEL BROWN DEC -�-r,1984
Attorney at Law
2 1171 Murrieta Blvd. Suite 1 0 •Tc :cR
I C�,aY& 4h0kM&� Su•CivISGaS
Livermore, CA 94550 owl a•cosi.co
c' c.a,1,
3 Tel : ( 415 ) 447-1121
I
4 Attorney for Claimant
5
6
7
8 TO THE CLERK OF THE BOARD OF SUPERVISORS , COUNTY OF CONTRA COSTA
9 JOHN J. TURLEY,
10 Claimant, No.
11 vs . APPLICATION FOR LEAVE TO
PRESENT LATE CLAIM
12 COUNTY OF CONTRA COSTA, DEPUTY
THURAL BERRY, SHERIFF RICHARD
13 RAINEY, et al . ,
14 Respondents . /
15 Application is hereby hereby made for leave to present a
16 late claim founded upon the cause of action for personal injuries
17 which accrued on or about December 30, 1983 and for which a claim was
18 not presented within the 100 day period provided by 5911. 2 of the
19 Government Code .
20 For additional circumstances relating to the cause of action
21 reference is made to the proposed claim attached hereto.
22 The failure to present this claim within the 100 day period
23 specified by 5911 .2 of the Government Code was by reason of the fact
24 that claimant consulted with an attorney within said 100 day period
25 and relied upon said attorney to protect claimant's rights and to
26 fulfill all requirements for the protection of claimant's rights under
—1— J. MICHAEL BROWN
ATTORNEY AT LAW
1171 MURRIETA BOULEVARD
LIVERMORE CALIFORNIA 94550
(415) 447.1121
I the law.
2 That the attorney contacted by plaintiff and upon whom
3 plaintiff relied failed to file the necessary claim within 100 days .
4 Claimant has learned that said attorney either has in the past or
5 presently does represent the Sheriff . of the County of Contra Costa
6 in other matters and therefore failed to file said claim on claimant' s
7 behalf because of a potential conflict of interest. As a result of
8 that conflict of interest the attorney upon whom claimant relied
9 failed to protect claimant' s rights and failed to present the claim
10 within the necessary time .
11 Within one year after the accrual of this cause of action
12 the County of Contra Costa and the individual respondents will not
13 be prejudiced thereby. This matter has been fully and completely
14 investigated by the office of the Sheriff of the County of Contra
15 Costa, Internal Affairs Division , and therefore the delay in presenting
16 a claim has not caused the respondents to be unable to obtain the
17 necessary information to adequately prepare a defense to any legal
18 action.
19 WHEREFORE, it is respectfully requested that this
20 application be granted and that the attached proposed claim be received
21 and acted on in accordance with §912. 4 thruogh 912 .8 of the Government
22 Code.
23 Dated: December 27, 1984 .
24
25
/T. -'M14HAEL BROWN
26
-2- J. MICHAEL BROWN
ATTORNEY AT LAW
1171 MURRIETA BOULEVARD
LIVERMORE CALIFORNIA 9A550
44151 AA7-1121
CLAIM AGAINST
COUNTY OF CONTRA COSTA
CONTRA COSTA COUNTY SHERIFF 'S DEPARTMENT
RICHARD RAINEY
THURAL BERRY
Name and address of Claimant:
JOHN J. TURLEY
111 Cleveland Road
Pleasant Hill , Ca . 94523
( 4) Send All Notices To:
J. Michael Brown
Attorney at Law
1171 Murrieta Blvd. , #1
Livermore, CA 94550
( 5 ) Date of Occurrence:
December 30 , 1983
Place of Occurrence:
Kojacks
548 Contra Costa Blvd . ,
Pleasant Hill, Ca.
( 6 ) Circumstances of Occurrence:
Claimant was assaulted and struck by Deputy Sheriff
Thural Berry of the Sheriff 's Department of the
County of Contra Costa, Richard Rainey, Sheriff .
( 7) General Description of Injury, Damage or Loss Incurred:
Personal injuries and loss of earning capacity.
( 8 ) Amount of Claim and Basis of Computation:
Medical expenses and loss of earnings according to
proof, $100, 000 .00 general damages , $500, 000 .00
exemplary and punitive damages .
Dated: December 27, 4 /
r ,
CHAEL BROWN
Attorney for Claimant
Receipt of a copy of the within Application for
Leave to Present Late Claim and Claim is hereby acknowledged
this day of 1984.
. y
Z-2-
CLAIM CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) SIC; TO CLAIMANT February 5, 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: Willie Marie Gillard
CoMr-ty C0ut1-A,4
Attorney% Albert J. wax, Esq.
2004 Cedar Strget ..JAN
2 1j85Address: Berkeley, CA 94709
Marti►t�z, Grn 9�:v^
Amount: $1001000.00 By delivery to clerk on
Date Received: December 31, 1984 By mail, postmarked on December 28, 1984
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: Dec. 31, 1984 PHIL BATCHELOR, Clerk, By Deputy
o enc
EdwarZis
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: -7--- ' By: Deputy County Counsel
III. FROM: Clerk of the Board T0: ( 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: *i ; ��� �' 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- /7 �' PHIL BATCHELOR, Clerk, By �. , Deputy Clerk
County Administrator (2) County Counsel (1)
CLAIM
1 ALBERT J. WAX, Esq. RECEIVED
2004 Cedar Street
2 Berkeley, CA 94709 DEC J1 1984
3 (415) 548-9800
PMn 8A NEL02
L RCON F ST PERMS S
4 Attorney for Claimant
5
6
7
8 CLAIM AGAINST COUNTY OF CONTRA COSTA, CALIFORNIA
9 In The Matter of the Claim of :
10 WILLIE MARIE GILLARD
11 against the County of Contra Costa
Claim No. :
12 /
13 TO: Board of Supervisors of Contra Costa County :
14 WILLIE MARIE GILLARD hereby makes claim against the County of
15 Contra Costa pursuant to Government Code Section 910, for the sum
16 of One Hundred Thousand Dollars ($100, 000) and makes . the following
17
statements in support of the claim:
18
1 . Claimant ' s post office address is 6105 Arlington Blvd. ,
19
Richmond, California, 94805 .
20
2. Notices concerning this claim should be sent to Albert
21
J. Wax, Attorney at Law, 2004 Cedar Street , Berkeley , CA. 94709 ,
22 telephone no. (415) 548-9800.
23
3. The date and place of the accident giving rise to this
24 claim are October 16 , 1984 at Arlington Blvd. , south of Monterey
25 Ave. , Richmond, California.
26
4. The circumstances giving rise to this claim are as
27
follows : At the above time and place, claimant was the driver of
28
an automobile which was struck by a Contra Costa County Department
Y
1 of Public Works automobile, driven in a negligent manner by a
2 Department of Public Works employee, Norbert John Sticht.
3 5. Claimant ' s injuries are to her automobile and to various
4 parts of her body, including, but . not limited to, her back, neck,
5 arms and legs .
6 6. The names of the public employees causing the claimant ' s
7 injuries are: Norbert John Sticht .
8 7. My claim as of the date of this claim is One Hundred
9 Thousand Dollars ($100, 000) .
10 8 . The basis of computation of the above amount is as
11 follows :
12 a. Medical Expenses Incurred to Date : unknown at this
13 time . Amount will be provided when same is available to claimant .
14 b. Estimated Future Medical Expenses : unknown at this
15 time. Amount will be provided when same is available to claimant .
16 C. Loss of Wages : none.
17 d. Property Damage: Approximately One Thousand Dollars ,
18 ($1 , 000) .
19 e. General Damages : One Hundred Thousand Dollars ($100,
20 000) .
21 Total : One Hundred Thousand Dollars ($100,000) .
22 Dated: December 27, 1984 ,
Albert J. Wax
23 Attorney for Claimant
24
25
26
27
28
PROOF OF SERVICE BY MAIL
CCP 1013a, 2015. 5
I declare that I am employed in the county of Alameda,
California. I am over the age of eighteen years, and not
a party to the within entitled cause ; my business address
is 2004 Cedar Street , Berkeley, CA 94709. On December
27, 1984 , I served the attached :
CLAIM AGAINST THE COUNTY OF CONTRA COSTA on the
County of Contra Costa, by placing a true copy thereof
enclosed in a sealed envelope with postage thereon fully
prepaid, in the United States mail at Berkeley , California ,
addressed as follows :
Clerk of the Board of Supervisors
Contra Costa County
County Administration Building
651 Pine St . , Room 106
Martinez, CA 94553
I declare under penalty of perjury that the foregoing is
true and correct , and that this declaration was executed
on December 27, 1984 at Berkeley , California.
c
ADINA KLOBAS
CLAIM
BOARD OF SUPERVISORS OF CMTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT February 5, 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: Deborah Thomas
Attorney: Gail Brewster Hardy
Law Offices of Hardy & Hardy
Address: 4530 Market Street
Oakland, CA 94608
Amount: $500,000.00 By delivery to clerk on
Date Received: December 21, 1985 By mail, postmarked on December 20, 1985
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. y�
Dated: January 23, 1985 PHIL BATCHELOR, Clerk, By b Deputy
Jolene Edwards
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
�) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
Dated: Z - By: Deputy County Counsel
III. FROM: Clerk of the Board TO: ) County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
(� This claim is rejected in full.
{ ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
Dated: .�� 5; lYdaS PHIL BATCHELOR, Clerk, By _ (�- -ye��� , Deputy Clerk
WARNING (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6)-months from the date of this
notice was personally served or deposited in the mail to file a court action on this
claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection With this
matter. If you want to consult an attorney, you should do so immediately.
V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
Attached are copies of the above claim. We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a memo thereof has been filed
and endorsed on the Board's copy of this Claim in accordance with Section 29703.
( ) A warning of claimant's right to apply for leave to present a late claim was mailed
to claimant.
DATED:- ��' PHIL BATCHELOR, Clerk, By �. ��-% Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM
.:END NOTICES RE CLAIM TO: Of
2 !i
SAIL BREWSTER HARDY RECEIVED C IV E
3IFLAW OFFICES OF HARDY & HARDY ��
f4530 MARKET STREET
i OAKLAND, CALIFORNIA 94608 J G.i a/ �c•'
4 i TFL Er HONE: (415) 655-9395CLI �
PHIL BAT^1E10q
5 A"TORNEY AOR CLAIMANTB, -
i 'Ml•1 i
6
i
I
CLAIM AGAINST CONTRA COSTA COUNTY
PURSUANT TO GOVERNMENT CODE SECTION 910, ET. SEO.
910
1
11 i; 1. GLA I MH v
LREEIVED
I
12 1 D�B�_RA�, T HOMAS N -?-A 1985
3014 AL-TP MIRA
13 R 1 C=!'^DIND. CA 94804 HIL u1TCHRON
cLEIKcum 10A
-HCNE: ( 25) 222-465E iT o i
is
1512. TATE PqD 71ME OF INJURY/DAMAGE:
1b II ER E2, 19841 0130 n0j% XPPROX IMAT_)
k I
17 1! I
3. uOCATION GF OCCURRENC
1 q ; F _ND, CA_I FORT_A
is -
SO I. 4. � 1^ __r ='�'�_� OF O r ;�`NIE:
`'1 1
9� �' Or. ,hE aforementi=oned cats and tilde. Cia.:rilant ar*'zved
hone at t ne above meat l w nec address. A E-ler i f f was marked
in front of her home. ne Sheriff forces his way into the
23 clairant ' s house anc asked ner to identify herself. When
the c ' a:rant m a.et 11 on her telephone for assistance
24 from tie hic^.wans Police Peaartment, the Sheriff demanded
that the claimant hang un ttie phone and snatched it from her
2a `ands. Moments later Two Ric rmonc nol ice officers arrived.
The Sheriff, assisted by one of the police officers, twisted
26 claimants arms behind her 7a k ano up towards her neck.
_ !�a.ndcuff=_ were out on claimant so tightly that she sufferec
2/ trusses and soreness for several days Tater. After handcuffing,)
28 � the Sheriff assisted by one Richmond police officer literally
I
dragged claimant out of her house. Claimant was so frightened,
j she urinated in her clothing. The sheriff never told claimant
why he was arresting her and why he forced his way into her
2 house. At the time the sheriff committed these acts, claimants
children were present and observed everything. Claimant was
3 was placed .into the sheriffs car- and driven by him to ,fail in
Martinez. Claimant was searched, fingerprinted and a photograp
4 was taken of her face. Claimant was kept in Martinez for
approximately four hours before being allowed to leave.
5 Claimant was cited out and allowed to go. Claimant did not
arrive home until later that morning at approximately 10:00
6 a. m.
7
5. DESCRIPTION OF LOSS, DAMAGE OR INJURY:
8
Assault, Battery, False Arrest, False Imprisonment ,
9 Intentional and Negligent Infliction of Emcyt ional ,distress,
Negligence, Deprivation of Civil Rights.
10
11 E. NAMES OF COUNTY EMPLOYEES CAiSEING _OSS, DAMAGE OR INJURY:
12 Deputy Sheriff Frank Battles.
13
7. -O NT CLPIiED: $500, 000.
14
15 6. PDL I T I ONPL IN=ORMATION: I
i
16 i; _. a: rant -a=_ no prior police cantacz or arrest -'eco,*-•c. As
a result of the incident, claimant n&s Been !triter the core
11 it cf a doctor/therapist for per'son&: inla-ies s_Esta.1neo when
I the hanacuffs were fastened so t i l;t l\ , c.'-,t for phychologicai
1s j injuries stewing from the Way sme w&s tpaa,eo.
i
191
- - -
9. - =�h: '* AND P'.DDnOSSES Q�- WITNESSES.
Th�cSES.
21 I 0-mmy rti'llmey, 3014 .•^-alta Mire, Ric-;,?and, Com, 54BO4.
i
22 i Curtis Berry, 1104 Minor Drive, San Pablo, CA 94BOE.
I
23 Delores Thomas, 3014 Alta V i ra, R i cnmond, CA 94804.
24 I Tan?ara Thomas, 3014 Alta Mira. Richmond, CA 54804.
25 Dr. J. Fa.11enbDun, R_evricge `✓ealtn Center, Albany, CA.
26 DATED: December 19, :984
27 .n
28 GAIL BREWSTER HARDY
Attorney for Claimant
DEBORAH THOMAS
AMENDED CLAIM
' CLAIM
fJ BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT February 5, 1985
governed by.the Board of Supervisors, ) The copy of this doeument 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 Goverruent Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all "Warnings".
Claimant: Harlow Arthur Newton, Jr. , et al
County coull of
Attorney: Shawn M. Throve
Kincaid, Gianunzio, Caudle & Hubert JAN 0 2 1' 8b
Address: P.O. Box 1828
Oakland, CA 94604 Martinez, CA 945.5
Amount: $110001000.00 By delivery to clerk on
Date Received: December 31, 1984 - By mail, postmarked on December 28, 1984
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. r. .
Dated: Dec. ' 31, 1984 PHIL BATCHELOR, Clerk, By Deputy
Jolene Edwards
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check onlyo �),� F
This claimWomplies 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) ounty Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
(� This claim
ILis 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: 1 y4�;l PHIL BATCHELOR, Clerk, By Q_ �_ -yr ,�rr , Deputy Clerk
WARNING (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6)-months from the date of this
notice was personally served or deposited in the mail to file a court action on this
claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this
matter. If you want to consult an attorney, you should do so immediately.
V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
Attached are copies of the above claim. We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a memo thereof has been filed
and endorsed on the Board's copy of this Claim in accordance with Section 29703.
( ) A warning of claimant's right to apply for leave to present a late claim was mailed
to claimant.
DATED: PHIL BATCHELOR, Clerk, By ��- %�%��- �' , Deputy Clerk
cc: County Administrator (2) County Counsel (1) 3K
CLAIM
AMENDED CLAIM AGAINST THE COUNTY OF CONTRA CCSTM
CL`TY j'1!'7
DECD � a
i l
TO THE COUNTY OF CONTRA COSTA: PHIL sA*.n6E:CM
CJRK BOAkh i .UPLt�C:i.ISCM
y^C...
Br_ envy.
HARLOW ARTHUR NEWTON, JR. , GLADYS ROBERTA PRACHT, VIRGINIA
JEANNETTE SCHWARTZ and RALPH NORMAN NEWTON, hereby make this
claim against the County of Contra Costa for damages and make
the followir.; statements in support of said claim:
1. Claimants are represented by the law firm of Kincaid,
Gianunzio, Caudle & Hubert, attention Shawn M. Throwe, Esq. ,
and their mailing address is P. 0. Box 1828, Oakland, California
94604-0828. Their telephone is (415) 465-5212.
2 . The date of the occurrence giving rise to this claim
is October 12, 1984, at or near. the intersection of San Pablo
Avenue and Atlas in the City of San Pablo,County of Contra
Costa, State of California.
3 . The circumstances giving rise to the claim are as
follows : On or about October 12 , 1984 , HARLOW ARTHUR NEWTON,
SR. , and GLADYS MARGARITA NEWTON were injured in an accident
wherein they were pedestrians and were struck by a vehicle
driven by JAMES ANDERSON at or near the intersection of Atlas
and San Pablo Avenue in the City of San Pablo, County of Contra
Costa, State of California. MR. & MRS. NEWTON were pedestrians
who were standing on the island between the northbound and
southbound lanes of San Pablo at or near Atlas in the City
of San Pablo, County of Contra Costa, State of California.
MR. & MRS. NEWTON received fatal injuries as a result of being
stricken by the auto driven by JAMES ANDERSON. This claim
is for damages against the government entity for negligence
based on dangerous conditions of the roadway and in particular
that the entity failed to provide a safe place for pedestrinas
to cross the roadway. The defendants, City of San Pablo, City
of Richmond, County of Contra Costa and State of California
negligently own, possess, maintained and controlled the street,
highways and surrounding areas where the fatal accident occurred.
More specifically, but without limitation, it appears that
there were improper traffic controls, lane designations, and
other safety devices.in and about the area described.
4. Amount claimed: The above named claimants who are
heirs at law to the decedents make claim for special and general
damages arising out of the fatal accident involving claimants '
parents. Claimants seek One Million Dollars as damages for
the negligence of the entity.
DATED: December 28, 1984
KINCAID, _ANUNZI , CAUDLE & UBERT
By
Shawn . Thro o ehalf of
Harlow A. Newton, Jr. , Gladys
Roberta Pracht, Virginia Jeannette
Schwartz and Ralph Norman Newton
-.2-
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or bistriet ) NOTICE TO CLAIMANT February 5, 1985
governed by the Board of Supervisors, ) The copy oft s document mailed to you is your
Routing Endorsements, and Board ) notice of the action taken on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all "Warnings".
Claimant: Consuelo Sausedo luunty
Counsel
Attorney: Richard A. Becerra J A N 0 4 1985
1800 Pacific Ave. , Suite 902
Address: San Francisco, CA 94109 Martinet, CA 94553
Amount: $25,000.00 By delivery to clerk on
Date Received: January 2, 1985 By mail, postmarked on December 29, 1984
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: January 2, 1985 PHIL BATCHELOR, Clerk, By QLe, 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) Co Cel, (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: �,c�. /2,LPHIL BATCHELOR, Clerk, By '`' , Deputy Clerk
WARNING (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6)-months Prem the date of this
notice was personally served or deposited in the mail to file a court action on this
claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this
matter. If you want to consult an attorney, you should do so immediately.
V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
Attached are copies of the above claim. We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a memo thereof has been filed
and endorsed on the Board's copy of this Claim in accordance with Section 29703.
( ) A warning of claimant's right to apply for leave to present a late claim was mailed
to claimant.
DATED: PHIL BATCHELOR, Clerk, By Deputy, Deputy Clerk
cc: County Administrator (2) County Counsel (1) 3
CLAIM
CLAIM AGAINST THE
'COUNTY OF CONTRA COSTA
Government Code Sections 9,10 and 911 ..2 require.
that all .claims. must- be presented to the
-Controller within 100 days from date .of accident .
CLAIMANT' S . NAME: CONSUELO SAUSEDO
AMOUNT .OF CLAIM: $25,000.00
CLAIMANT' S .ADDRESS: 68 Pueblo Hermosa, Pittsburg, CA. .94565
`ADDRESS AT. WHICH NOTICES. ARE TO BE SENT: CT d ..
. . Law Offices of Richard A . Beserra
1800 Pacific Avenue ;.'. Suite 902
San'' Francisco , California , 94109
(4.15 ) X141 -6 0 5 6. ' . .:ERK 9CYrn O.5uatv�scas
.
DATE OF ACCIDENT: 2/11184
LOCATION OF ACCIDENT: 68 Pueblo Hermosa, Pittsburg, CA. 94565
HOW ' DID. `ACCIDENT O.CC,UR :.. Ms.. Sausedo was in the kitchen of her home. A gun shot entered
the room and the bullet hit her in the left shoulder .
'DESCRIBE INJURY. . OR DAMAGE:
Bullet wound: Bullet.still lodged in her left shoulder.
NAME OF'. PUBLIC EMPLOYEE OR EMPLOYEES CAUSING INJURY OR. DAMAGE . IF
KNOWN
Unknown-at this time.
ITEMIZATION OF CLAIM: (.List ,items totaling . amount set forth, above . )
Unknown at this time. !
Signed by 'or on behalf of Claimant : ' LAW FFICES OF RICHARD A. BESERRA
D. A . . BESERRA
NOTE : CLAIM FORM MUST BE FILED IN DUPLICATE.
BOTH COPIES MUST BE SIGNED
i
r
APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT December 18, 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: Saucedo, Consuelo COunt '
y COlIRS@I
Attorney: Richard A. Beserra N O V 19 1984
1800 Pacific Ave. , #902
,'Address: San Francisco, CA 94109 Martinet, CA 94553
Amount: $25,000.00 By delivery to .Clerk on
Date Received: November 16, 1984 By mail, postmarked on November 13, 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 16, 1984 PHIL BATCHELOR, Clerk, ByDeputy
I/Jolene Edwaras
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( The Board should grant this Application to File Late Claim (Section 911.6).
( ) The Board should deny this Application to File Late Claim (Section 911 .6) .
DATED: j ' ,Z ' �2j VICTOR WESTMAN, County Counsel, By ;' �. u-! ./� CCI Deputy
III. BOARD ORDER By unanimous vote of Supervisors pr sent
(Check one only)
(K) 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: 0_4-e,- If, ly F PHIL BATCHELOR, Clerk, By z 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_ T? vnu want to consult an attorney,__rou should do so immediately.
• 9i
1 PROOF' OF SERVICE BY MAIL C.C.P S 1015a, 2115 .5
2
3 I, the undersigned, do declare:
4 I am over the age of eighteen years , and not a
5 party to the within action . My business address is 1800 Pacific
6 Avenue , San Francisco , California 94109 .
7 On this date , I served a copy of
100 DAY CLAIM AGAINST THE CITY AND COUNTY OF SAN FRANCISCO
8 DOCUMENT GRANTING APPLICATION TO FILE LATE CLAIM (Section 911 . 6)
9 by placing a true copy thereof in a sealed envelope, with postage
10 fully prepaid thereon , in the United States mail at San
11 Francisco , California, 'addressed to the interested parties as
12 shown her below:
13 (CITY OF PITTSBURG) (STATE OF CALIFORNIA)
14 CITY CLERK 'S OFFICE BOARD OF CONTROL
P.O. BOX 1518 GOVERNMENT CLAIMS UNIT
15 PITTSBURG, CA 94565 926 J STREET SUITE 300
SACRAMENTO, CA 95814
16 (COUNTY OF CONTRA COSTA)
CLERK OF THE BOARD OF SUPERVISORS
17 P.O. BOX 911
MARTINEZ, CA 94553
18
19 I declare under penalty of perjury that the
20 foregoing is true and correct , and that this declaration was
. 21 executed on December 29, 1984.
22
23
24 A , 'L E NGL
(proof)
25
26
27
28
1 PROOF OF SERVICE BY MAIL C.C.P S 1015a, 2115. 5
2
3 I , the undersigned , do declare :
` 4 I am over the age of eighteen years , and not a
5 party to the within action . My business address is 1800 Pacific ,
6 Avenue , San Francisco , California 94109 .
On this date, I served a copy of j
7
100 DAY CLAIM AGAINST THE CITY AND COUNTY OF SAN FRANCISCO
8 DOCUMENT GRANTING APPLICATION TO FILE LATE CLAIM (Section 911 . 6) I�I
9f
by placing a true copy thereof in a sealed envelope, with postag
10i
fully prepaid thereon , in the Unitedi States mail at San
11 Francisco , California , addressed to the interested parties - as
12
shown herein below:
13 (CITY OF PITTSBURG) (STATE OF CALIFORNIA)
14 CITY CLERK 'S OFFICE BOARD OF CONTROL
P .O . BOX 1518 GOVERNMENT CLAIMS UNIT
15 PITTSBURG, CA 94565, 926 J STREET SUITE 300
SACRAMENTO, CA 95814
16 (COUNTY OF CONTRA COSTA.).i
CLERK OF THE BOARD OF SUPERVISORS CONTRA COSTA HOUSING
17 P .O. BOX 911 AUTHORITY
MARTINEZ, CA 94553 P.O. BOX 2396
MARTINEZ, CA 94553
18 (FRANCK FERNANDEZ) 1
19 I declare under penalty. of perjury that the
20 foregoing is true and correct , and that this declaration was
21 executed on January 3 , 1985 .
22 I
23 RECEIVEDI
A LEINE SING E
24 .
(proof),
25 JAN k; 198.5
PHIL BATCHELOR
26 j CLERK WARD OF SUPERVISORS
ONTRA COSTA CO.
eyy ,0."'ty
27
28 �
{
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