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HomeMy WebLinkAboutMINUTES - 01151985 - 1.18 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOUCE TO CLUMANT January 15, 1985 governed by the Board of Supervisors, ) The copy oft s ocument mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: M. O. Ratto 245 Pleasant Uiew Drive Coulity Counsel Attorney: Pleasant Hill;, California 94523 DEC 17 1984 Address: I Martinez, CA 94553 Amount: $9..00 By delivery to clerk on Date Received: December lo, 1984 By mail, postmarked on n nPmhPr ti, »a4 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of� the above-noted claim. y� Dated: Dec. 10, 1984 PHIL BATCHELOR, Clerk, By (o Deputy *Joene Edwards II. FROM: County Counsel; TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimants right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /, - By: Deputy County Counsel III. ,FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( 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:,1 . 1.1; 12P", 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. i 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 Boardfs copy of this Claim in accordance with Section 29703. ( ) A warning of claimant Is right to apply for leave to present a late claim was mailed to claimant. DATED:_ ,A N,I 16 1-qpq PHIL BATCHELOR, Clerk, By _ , Deputy Clerk I cc: County Administrator (2) County Counsel (1) CLAIM CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions -_o Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec' 911. 2 , Govt. Code) I B. Claims must be filed with the Clerk of the Board of Supervisors at its office iniRoom 106 , County Administration Building, 651 Pine Street, Martinez, CA 94553 (or mail to P.O. Box 911, Martinez, CA) , C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserve o � er.c� g stamps Against the COUNTY OF CONTRA COSTA) or DISTRICT) D01 ;� zrsca� (Fill in name) - The undersigned claimant hereby i,lakes claim against the County of Contra Costa or the above-named District in the sum of $ �i and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact dat/e and hour} (j , / Pr �t" yL A � � p � ,�\'7 plc' G,,� L C, , � �1,s� G, y tet.r P — /�hC``{�1� ,S'•�ch' > �c( Y'c�c►�c� V i� ti•D -1 S� c.�] v c' 1 I ►� rC�L'at—s-l. �' --------------------------------------------------------- ------ 2. Where did the damage or injury occur? f (Include cit and county) r , �c�4�FS — 9J1� CC►ur� � ¢Zr� YIE:V, lb �S . G'L! C' Pt Ci `�` �t S n•qd �r�yh� S,'did Or�J ns fQ t,,r /� 1�`Y E c ------------------------- 3. How did the damage or injury occur. (Give full details, use extra sheets if requ red) II a ti UL PI a Ic t/� S-Ei•� E' �i t^F_ Lh8 L'-� rte. �i"1Eu . UJI o �_-E�� - �JCti�t� �1'�S�--_ 4. qE------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? CJ � (� (over) 5. What are the names of county or district officers , servants or employees causing the damage or injury? ---------d----------=----------------------------------------------------- 6 What amage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) , .r F S , rem;-- 2..�-.d • -- --- --- -- ---------- ------------------ --------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) f �c k tt(rc��lc 5 1�1 -e If Cd ccs ---- - �•�_�t►,`_CZ --------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT • � / g CU ************************************************************************** i. Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney/ C- mant' s Si nat re� Address Telephone No. Telephone No. -s�� -/�X5— ************************************************************************** � o 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 guiltyiof a felony. " i I i I .h CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT January 15, 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: Linda J. Goodman County Counsel 1880 Sixth Street Attorney: Concord, Ca 94519 DEC 17 1984 Address: Martinez, CA 94553 Amount: $1,500.00 By delivery to clerk on Date Received: December- 14, 1984 By mail, postmarked on December 12, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Dec. 14, 1984 PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (x ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to cepnply 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 XII. FROM: Clerk of the Board TO: 1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (� This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JAN 1 , ,2,.qE 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 claimantfs right to apply for leave to present a late claim was mailed to claimant. DATED: JAN-1 6 79RS PHIL BATCHELOR, Clerk, By --a CO. 2-X Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CC*�Q9WFapplication to: Instructions to ClaimantDerk 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 It 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 governqd by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of his form. 44 RE: Cl ai by ) Reser stamps Against the COUNTY OF CONTRA COSTA) ~ J ' Pk!!D4'�HEAC or DISTRICT) (Fill in name) L By lenuty The undersigned claimant hereby makes claim against th ty Sf Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) erlc� ')0. oco J R34 o± a4mO 00 A, 2. Where did th-e( anmag o in 'ury occur n lude .city/and c iinty) Vn --------------- 3. How did the damage or injury occur. (Give full d ails, use extra sheets if required) Hour. _+-, Wl� . �1 X500 • � _ 4. What partic lar act or omissio on the part of county or district officers , servants or employees cause the injury or damage? 00 (over) a5 S". `- What are the names of county or district fficers, servants or em 1 yees cau ing the d mage or injury? N rjy) Cl . 30 l" 6. What damage or injuries do you claim res lted? a( ive full extent of injuries Rr damages claimel. Attac _ two a tim tes for auto damage) n" - t M ,C/ m " • -- ---- — ------------- --- ---- -------- --- 7. How was�--the— amount claimed above computed. (Include thetes imat d ,amoun of any prospectiv in 'ury or damage. ) a0 . � 0 t - - _ sem- -- 8. Names- -and addr-esses f witne ses, doctors and hospi als-------------- 14LJYt a --- - -- -------- -- ------- -- s------------------------------- 9.- List-th expenditures you made on account of this accident or injury: DATE ITEM AMOUNT A n - ' • u&wL e tz� ZAZ Lt Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " • Name .and Address of Attorney i k Sig urqf ' d es n_ Telephone No. Telephone No. ( ( --7 7 0 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. " a a. a' .� a�MO. 'd � -�! '1 �A.. � r 33 ,z 31:x.: ''1 �* 'dl��>.i,+��=9 y>4'• � r '� � r. Y`'M 1' M• �+^ €s�y' �j3at—[r.ysiii.c�•M': s� l ': �.t `( '�:' �' DIAMONDS I/i( A ESTATES ��<f pr WATCHES APPRAISED �� JEWELRY •a' f� REPAIRS CALL BROS. JEWELERS 823 SAN PABLO AVENUE ,► ALBANY, CALIFORNIA 94706 (415) 525-8144 ° November 14 , 1984 •�?� c� Date ., • ' ✓o aoin fE mart cvncarnr +�j*4�►. t to III LIT rr#{fig THAT WE ARE ENGAGED 1N THE JEWELRY U U S Y N ESS. AppraIsing Diamonds, Watches, jewelry and Precious Stones of all descriptions and have ., ate'a been so engaged in said business for many years. We herewith certify that we have this day carefully examined the following listed and described articles the property of — ^n,� Ms . Linda J. Goodmans J . Address 1880 Sixth Street Concord , California 94519 �rhKe We Estimate the value as listed for Insurance or other purpose at the present current market value. In making this Appraisal, we do NOT agree to Purchase or replace the articles. ., � �2Q► ARTICLE DESCRIP T ION APPRAISED VALUE Ring Ladys 14K. Yellow Gold , Set with 7 Diamonds , approximately 10 Points each Round ham, Brilliant Cut Clarity S . I . Color I-J. r� n Estimate To Replace 1 , 500 00 ~ 1 r r The foregoing Appraisal is made and accepted upon the express understanding that NO Liability or Responsibility is incurred by the Appraiser in giving same. ' � Signedr--- t CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) BICE TO CLAIMANT January 15, 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: Anisa Gailani i Count; Counsel Attorney: Seth J. Feinberg Russell & Joy! DEC 1 7 1994 Address: One Kaiser Plaza, Suite 2135 Oakland, CA 94612 Martinez, LA 94553 Amount: $50,000.00 By delivery to clerk on Date Received: December 14, 1984 By mail, postmarked on December 10, 1984 (came in with Fauzia Ahmed claim) I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of,the above-noted claim. J ,. .. Dated: Dec. 14, 1984 PHIL BATCHELOR, Clerk, By �J 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: f - By: Cti CL Deputy County Counsel III. FROM: Clerk of the Board TO: 1) County Counsel, ( ) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( 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: JAN Qi, 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. I 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 toAa t. DATED: � �V t� Ig85 PHIL BATCHELOR, Clerk, By -l� , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CO�T_-�,,Q9WYapplication to: Instructions to ClaimantC'e,.k 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 must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. tog RE: Claim by ) Reserve Tor . ' 'ng stamps ANISA GAILANI j ' Against the COUNTY OF CONTRA COSTA) or DISTRICT) CLEC" ?` "'' Fill in name ) By - ilenutY The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 50, 000. 00 and in support of this claim represents as follows: --------------------------------- ------ - --- ----=------------------- d 1. When did the amage or injury-occur?-- (Give-exact date and hour) October 16, 1984, approximately 6: 00 pm. -----------r------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) Pleasant Hill Road, approximately 185 feet south of Purson Lane, in an unicorporated area of Contra Costa County ---------------------=-------------------------------------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) Claimant was driving her car north on a one-way segment of Pleasant Hill Road. She hada head-on collison with a vehicle driving in the wrong direction. - -- -- --------------------------------------------.--What-parti--c-u-a----ac-t-o-r omission --- on the part of county or district officers, servants or employees caused the injury or damage? The road was not sufficiently marked as a one-way street. (over) ..'s What are the names of county or district officers, servants or employees causing the damage or injury? Unkown at this time -------------- ------------------------------------ 6 -What dams g a or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Personal injuries, including, but not limited to injuries to lower right abdomen; right side, back, head, neck; also mi`cellaneous contusions, -cuts,- and muscle straits. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Computed on the basis of the nature of the claimant' s personal injuries and claimant' s attorney' s experience at evaluating personal injuries. 8. Names and addresses of witnesses, doctors and hospitals. - Witnesses: 1) Anisa Gailani and Fauzia Ahmed, both represented by the undersigned attorney. 2) Brian DeLoache, 2041 Miramonte, San Leandro, California 3) Tara Jowitt, 224 Longview Terrace, Orinda, California Hospital: John Muir Memorial Hospital, 1601 Yanacio Vallev Rd, Walnut Creek Doctor: Dr. Dana Slauson, 401 Gregory Lane, 05, Pleasant' Hill , CA 94523 ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Medical bills are increasing weekly and have been submitted to - insurance company. Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney Attorney for Claima t SETH J. FEINBERG, ESQ. Claimants Signature RUSSELL & JOY One Kaiser Plaza, Suite 2135 Address Oakland, CA 94612 Telephone No. (415) 444-6100 Telephone No. NOTICE Section '72 of the Penal Code provides: I "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 guiltyof a felony. " APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT January 15, 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: Whitehouse, John Lee and Barbara County Counsel Attorney: James M. Harris York, Buresh & Kaplan DEC 17 1984 Address: 2298 Durant Avenue Berkeley, CA 94704 Martinez, CA 94553 Amount: Unspecified By delivery to Clerk on Date Received: December 10, 1984 By mail, postmarked on December 6, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: Dec. 10, 1984 PHIL, BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Claim (Section 911.6). DATED: VICTOR WESTMAN, County Counsel, By Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). ( This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: PHIL BATCHELOR, Clerk, By� Deputy WARNING (Gov. Code 6911.8) 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 immediatel . 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: PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. I i DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM '7 z LAW OFFICES York, Buresh & Kaplan JON H.1rORK A PROPESSIONAL CORPORATION (415) 548-7474 SCOTT BURESH 2298 DURANT AVENUE ANN S.KAPLAN BERKELEY,CALIPORNW 94704 JAMES M.HARRIS ALAN N J STEVEN K..AUSTIN December 6 , 1984 CERTIFIED MAIL RECEIV'EI� Contra Costa County Board of Supervisors County Administration Building PHIL IIAMIELOR P.O. Box 911 tERKEOAogp cas Martinez, CA 94553 o Attention: Phil Batchelor Re: APPLICATION FOR LEAVE TO FILE LATE CLAIM Government Code S 911.4 Our file reference: Mcbride v. Neal, et al. 83053 Claimants John Lee and Barbara Whitehouse of 4822 Tawny Court, Oakley, California and State Farm Fire & Casualty Company at P.O. Box 4011, Pleasant Hill, California hereby apply for leave to file a late claim with the County Board of Supervisors for incidence of personal injury and property damage which occurred on or about March 18 , 1983 at 3801 St. Marys Road, Martinez, California. Claimants state their reasons as follows: I. FACTS On March 18; 1983, a landslide occurred on property locates uphill from the home of John Lee and Barbara Whitehouse at 3801 St. Marys Road, Martinez, California. The landslide mass moved down toward the rear of Whitehouses' residence and pushed it off of its foundation. Notice of Abatement proceedings due to the perilous condition of the house was made on March 28, 1983 . During evacuation of the house a railing in front of the house collapsed causing Mrs. Whitehouse to fall and injure her leg. Neighbors to Whitehouses, Judge and Mrs. Thomas F. McBride at 3890 Serrano Street, became imperiled by the same occurrence. Causes of the slide included the grading of access roads across the hillside that channeled surface water into the weak soils of the slope. Additional geotechnical reports revealed the existence of abandoned building pads that also affected the saturation of water into the hill. I I Contra Costa County Board of Supervisors Attention: Phil Batchelor APPLICATION FOR LEAVE TO FILE_ LATE CLAIM Government Code S 911.4 Our file reference: Mcbride v. Neal, et al. PAGE TWO December 6 , 1984 Efforts to recover damages led to the filing of a lawsuit by McBrides against the owner of uphill lots. Whitehouses and their insurer, State Farm Fire & Casualty Company, intervened in the suit. Throughout the course of litigation, McBrides were represented by Thomas Watrous of the firm of Gordon, DeFraga, Watrous & Pezzagalia, Inc. , 611 Las Juntas St. , Martinez, CA, who also frequently acts as counsel for the County of .Contra Costa. Because of Mr. Watrous' position with the County, he inquired into the responsibility of the County for the grading of the access roads which were cited as causes of the earth movement. From information conveyed by the County via Mr. Watrous, claimants believed the County was not involved in the grading and refrained from filing appropriate government code claims for their damages. On August 13 , 1984 , at a Bench Bar Settlement Conference in . Contra Costa County Superior Court, Mr. Watrous announced, again on behalf of the County, that the County of Contra Costa may have indeed been involved with grading on the subject slope. In reliance thereon, ' claimants filed their government code claim on August 20 , 1984, within one hundred days of learning of the County' s involvement. Said claim was returned by the County on November 15th as not being timely filed. Hence, the present application for further consideration as a late claim. U. BA IS FO I; APPLICATION A. A public entity is estopped from requiring strict adherence to the claim filing procedure when the entity itself has been the source of misinformation that prevented the filing of the claim. The present situation is factually similar to Fredrichsen v. City of Lakewood ,(1971) 6 Cal.App. 3d 353 , wherein the plaintiff who had been injured in a sidewalk fall refrained from filing a government code claim because the City had told her (erroneously) i I Contra Costa Count Board of Supervisors Attention: Phil Batchelor APPLICATION FOR LRAVR TO i?ILE LATE CLAIM Government Code S 911.4 Our file reference!: Mcbride v. Neal, et al. PAGE THREE December 6, 1984 that the involved area was the responsibility of a private corporation and not of the public entity. The City' s misinforma- tion was found to be unconsciounable and because plaintiff relied thereon, the failure to file a timely claim could not be a bar to plaintiff' s action. In the present case, claimants knew that attorney Thomas Watrous was in contact with County officials and had inquired concerning the County' s responsibility for grading on the subject slope. Because of Mr. Watrous' relationship with the County and the denial of the County' s involvement, the claimants refrained from filing their claim in a good faith effort to limit the scope of the controversy and the addition of new parties to the litigation. Having relied upon the County' s denial of involvement, the County is now estopped from requiring that . claimants adhere strictly to the filing requirements of government code S 945 .4 ., B. Government code S 946 .6 (c) (1) permits relief from § 945 .4 if it is found that the failure to present a claim in a timely fashion was due to mistake, inadvertence, surprise or excusable neglect. In the present case, claimants relied upon attorney Watrous' inside information with the County and refrained from escalating the litigation by pursuing an independent investigation of the County' s possible involvement. Claimants now argue that their conduct was excusable, that is, that their actions are those that reasonably prudent persons would have taken under similar circumstances, and therefore, that they should be relieved from strict adherence to the provisions of government code S 945 .4 . See for example, Boas v. County of San Diego (1980) 113 Cal.App. 3d 355. Contra Costa County Board of Supervisors Attention: Phil Batchelor APPLICATION FOR LEAVE TO FILE LATE CLAIN Government Code S 911.4 Our file reference, Mcbride v. Neal, et al. PAGE FOUR i December 6, 1984 For the reasons stated above, and in view of substantial compliance with the government code requirements, claimants John Lee and Barbara Whitehouse and State Farm Fire & Casualty Company hereby respectfully request leave to have their claim considered by the County either under the provisions of Government Code § 911.4 or in light of the principles of estoppel outlined herein. Respectfully submitted, YORK, BURESH & KAPLAN 9 By: ' 4v�- J s M. Harris, Attorneys for aimants Whitehouses and State Farm Fire & Casualty Co. Enclosure - Copy of returned government code claim form. RECEIVED OCT as 1984 GOVERNMENT CODE CLAIM FORM PHK BATCHELOR !EERY BOAR C t SUPERVIS025 CONTR cr C e TO THE GOVERNING BODY OF: Contra Costa County (Board of Supervisors) Claimant: John Lee and Barbara Whitehouse Address: 4822 Tawny Court Oakley, CA 94561 Claimant: State Farm Fire & Casualty Co. Address: P. O. Box 4011 Pleasant Hill, CA 94524 DATE OF INCIDENT: On or about March 18, 1983 LOCATION OF INCIDENT: 3801 St. Marys Road Martinez, CA DESCRIPTION OF ,INCIDENT: Please see page two. NATURE OF DAMAGES: Claimants seek damages for the loss of the residence, diminution of value of their lot, personal injury due to collapse of the railing and inconvenience, emotional distress and annoyance resulting from the property loss and physical injury to Mrs. Whitehouse. AMOUNT OF CLAIM: in excess of $120,000 ITEMIZATION OF CLAIM (List Items Totaling Amount Set Forth Above) Subrogation claim of State Farm Fire & Casualty Co. $ 103,503 Additional uninsured property loss by Whitehouses 20 ,000 Personal injury and emotional distress claim on behalf of Whitehouses unknown Total : $ unknown ATTORNEYS TO WHOM NOTICES Name: James M. Harris SHOULD BE SENT,: York, Buresh & Kaplan 2298 Durant Avenue Berkeley, CA 94704 (415) 548-7474 :r ADDITIONAL ATTORNEYS TO WHOM Name: Stephen David Kaus NOTICES SHOULD BE SENT KAUS & KERR 155 Montgomery St. , Ste. 800 San Francisco, CA 94104 (415) 981-7780 DESCRIPTION OF INCIDENT Grading of fire! access roads on the hillside above 3801 St. Marys Road before March 18, 1983 contributed to the diversion and concentration of surface waters into the hillside thus weakening the soils of the hill and causing the same to slide down and into the property of Whitehouses. Having been advised to immediately evacuate the residence due to its damaged foundation, the Whitehouses were forced to abandon their property and move as Arany personal belongings as possible to avert further damage to their possessions. During the course of moving, a restraining railing on the porch of the residence gave way due to its weakened condition causing Mrs. Whitehouse to fall and to sustain personal injury. The residence was subsequently demolished by County order. ADDITIONAL COMMENTS AND NOTICE OF TIMELY FILING Claimants State Farm Fire & Casualty Company and John Lee and Barbara Whitehouse first became aware of the possible responsibility of the County and/or its Fire District for the damages they have sustained on August 13, 1984 at which time counsel for the County, Thomas Watrous of the firm of Gordon, DeFraga, Watrous & Pezzaglia, Inc. , advised of a declaration from the County that such grading had been conducted on the hillside above the former Whitehouse residence. The notice of claim herein is therefore filed within 100 days of the notice by the County of its involvement. Dated: October 20, 1984 . By : V' ames M. Harris A orneys for Claimant CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT January 15, 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: Dionisio S. Fajardo County Counsel Attorney: George T. Smithwick Knutsen & Smithwick DEC 17 1984 Address: 39675 Cedar Blvd. , Suite 235 Newark, CA 94560 Martinez, CA 94553 Amount: $25.,469.00 By delivery to clerk on Date Received: December 10, 1984 By mail, postmarked On December 6, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. y0 Dated: Dec. 10, 1984 PHIL BATCHELOR, Clerk, By 4 Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) 00 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: y: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its mites or �s date, Dated: N � _ PHIL BATCHELOR Clerk By r- , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. .V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's,copy of this Claim in accordance with Section 29703. ( ) A warning of claimants right to apply for leave to present a late claim was mailed to cl mant. DATED: JA N 16 1985 PHIL BATCHELOR, Clerk, By ZL -� , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM 1 George T. Smithwick, Esq. KNUTSEN & SMITHWICK RECEIVED 2 Attorneys atlLaw 39675 Cedar Blvd. , Suite 235 3 Newark, CA 94560 DEC 10 11194 Telephone : (415) 651-2880 4 PHK SAMIEIOR CLERK BOARD OF SUPERVISORS CCN'. CO;L:C 5 Attorneys for Claimant D 6 7 8 In the Matter of the Claim of NOTICE PURSUANT TO GOVERNMENT CODE DIONISIO S. FAJARDO SECTION 910 10 Claimant, Date of Loss: 9/20/84 Claim No. : 84-2701 11 vs. (AC Transit) 12 ALAMEDA-CONTRA COSTA TRANSIT DISTRICT; ALAMEDA COUNTY; 13 CONTRA COSTA COUNTY; SYLVESTER WOODS; and DOES I through X, 14 inclusive. / 15 DIONISIO S. FAJARDO hereby presents this claim to the 16 ALAMEDA-CONTRA COSTA TRANSIT DISTRICT; ALAMEDA COUNTY; CONTRA 17 COSTA COUNTY; and SYLVESTER WOODS , pursuant to Government Code 18 Section 910 . 19 1 . The name and post office address of claimant is as 20 follows: 21 DIONISIO S. FAJARDO 22 c/o Knutsen & Smithwick 39675 Cedar Blvd. , Suite 235 23 Newark, CA 94560 2 . Thejpost office address to which claimant desires notice 24 of this claim to be sent is as follows: 25 DIONISIO S. FAJARDO 26 c/o Knutsen & Smithwick 39675 Cedar Blvd. , Suite 235 27 I Newark, CA 94560 28 -1- NVI EN & SMITHNICK a+.65!2BB0 � ^ 1 1 3 . On September 20 198 4 , at Newark Boulevard, I 2 South of Patterson Ranch Road, Fremont, California, 3 claimant received personal injuries and/or damage or loss under 4 the following circumstances: 5 Claimant 'was stopped for traffic in his 1979 Datsun 28OZ 6 automobile when it was rearended by an AC Transit Bus. 7 8 i 9 10 11 4. The general description of claimant ' s injuries and 12 damages , so far as presently known is : 13 (a) Claimant' s 1979 Datsun was totalled, towed, 14 stored and eventually salvaged; 15 (b) Claimant sustained injury to his neck, back, head, 16 knee and other (presently unknown) ; 17 (c) Claimant sustained loss of' wages, plus general . 18 damages; and 19 (d) Other unknown damages. 20 i 21 i 22 23 24 25 26 27 28 -2- SMITHWICK • 1 5 . The name or names of the public employee or employees 2 causing the injuries and damages, if known, are as follows: 3 SYLVESTER WOODS, Bus Driver (Cal . Driver' s License #J05917-82; Date of Birth: 5/2/43) 4 DOE I through V, inclusive 5 6 . At the time of presentation of this claim, claimant 6 claims damaces in the amount of $ 251469 .00 , including 7 approximately $ unknown due to prospective injuries 8 and damage , computed on the tasis of the following: 9 (a) : Medical Expenses $919 . 00 and continuing 10 (b) Wage Loss 2 weeks (unknown) and 11 continuing 12 (c) Property Damage $9 , 000 . 00 (estimated) (d) Towing, storing, loss of 13 use $550 .00 (estimated) 14 i (e) Incidentals Unknown 15 i (f) General Damages $15,000 .00 , or 16 according to proof . KNUTSEN & SMITHWICK 17 18Dated: By i / /. X3XXr-X.TXXAttor -7s for Claimant 19 George T. Smithwick 20 21 22 23 24 25 26 27 28 -3- .i 3- I 1 DECLARATION OF SERVICE BY MAIL 2 I am over the age of 18 years, employed in the County of 3 Alameda, State of California, and not a party to the within 4 action; my business address is 39675 Cedar Blvd. , Suite 235, 5 Newark, CA 94560 . 6 On _ December 6 , 1984 I served the following 7 documents: Notice Pursuant to Government Code Section 910 8 9 10 on the following as addressed: 11 Alameda-Contra Costa Transit District 508 16th Street 12 Oakland, CA 94612 13 Board of Supervisors Contra Costa County 14 651 Pine Martinez , CA 94553 15 Board of Supervisors County of Alameda 16 1221 Oak Street 17 Oakland, CA 94612 Sylvester Woods 18 4317 Blondwoods 19 Union City, CA 94587 20 in said action, b}, placing a true copy thereof enclosed in a 21 sealed envelope, with postage thereon fully prepaid, in the 22 United States mail at Newark, California. 23 I declare, under penalty of perjury, that the foregoing is 24 true and correct. 25 Executed on December 6, 1984 at Newark, California. 26 27 28 -• A sm IT)I 'K A r- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA i BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT January 15, 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: Kenneth Dale and Corina Jones I Coullty Counsel Attorney: Mitchell A. Stevens Andersen & Bonn!ifield DEC 17 1984 Address: P.C. Box 5926 Concord, CA 94524 Martinez, CA 94553 Amount: $100,000.00 By delivery to clerk on I Date Received: December 12, 1984 By mail, postmarked on December 10, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. l Dated: Dec. 10, 1984 PHIL BATCHELOR, Clerk, ByDeputy Pioene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimants right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board T0: (1) County) Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (� This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: A N 1 5 1985 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months fx= 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 Is right to apply for leave to present a late claim was mailed to claimant. DATED: JAN 1 G 1225 PHIL BATCHELOR, Clerk, By � , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM RECEIVED rki!BATCNE:04 ,CjERK S �11 pr Z LBY Der W r Claim of KENNETHiDALE JONES ) and CORINA JONES, ) CLAIM FOR PERSONAL INJURIES (California Government Code) VS . ) CONTRA COSTA COUNTY ) TO: CONTRA COSTA COUNTY BOARD OF SUPERVISORS: I You are hereby notified that KENNETH DALE JONES and CORINA JONES, 2394 St. George Drive, , Concord, California, claim damages from CONTRA COSTA COUNTY , in an amount, computed as of the date of presentation of this claim, of $100, 000 plus medical . This claim is based on personal injuries sustained by KENNETH DALE JONES and CORINA JONES on or about September 14, 1984, while in the unincorporated area of Contra Costa County, Delta Judicial District, Marsh Creek Road, 2 . 8 miles east of Morgan Territory Road, under the following circum- stances : CONTRA COSTA COUNTY failed to. properly maintain a portion of Marsh Creek Road and the shoulder thereof (specifically that area approximately 8 ' N/of the north , roadway edge of Marsh Creek road and 2. 8 miles E/of Morgan Territory road) . Said area contained a fire hydrant 7 ' N/of the roadway edge with a 12" steel stand- pipe protruding approximately 6" above the ground. Said steel standpipe constituted a dangerous condition in that it protruded so far above the ground that it came in contact with the undercarriage of claimants ' vehicle , stopping claimants ' vehicle abruptly, causing the hereinafter mentioned injuries to claimants. "1 i r i The injuries sustained by claimant KENNETH DALE JONES , as far as known as of the date of presentation of this claim, consist of soft tissue injury to neck, back and shoulders , lacerations to body, and shock and emotional distress. The injuries to CORINA JONES consist of lacerations , con- cussion, soft tissue injury to neck, shock and emotional I distress. Said injuries have caused permanently disability I to both claimants. The amounts claimed, as of the date of presentation of this claim, are computed as follows: Expenses for medical treatment. . . . . . . . . .$Unknown General damage. . . . . . . . . . . . . . . . . . . . . . . . . .$100 ,000 All notices or other communications with regard to ' this claim should be sent to claimants ' attorney, MITCHELL A. STEVENS, ANDERSEN & BONNIFIELD, 1355 Willow Way, Suite #255, Concord, CA 94520. Dated: December /Z , 1984. 'T ANDZV7;r�D By MITCHELL A. STEVENS ......,,,..,Tcn�c nr rnNTRA C0fi=.0 MYaoolication to: j ✓/ CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT January 15, 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: Ronald Douglas Chappel County Counsel Attorney: Joseph G. Baxter Box 37 DEC 17 1984 Address: Duncans Mills, CA 95430 Martinez, CA 94553 Amount: Unspecified By delivery to clerk on Date Received: December 13, 1984 By mail, postmarked on December 11, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Dec. 13, 1984 PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: � 4,7-J By: Deputy County Counsel III. .FROM: Clerk of the Board TO: 1) County Counsel, (2 County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (�) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 'JAN 1 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: JAN 1 P 1=7 PHIL BATCHELOR, Clerk, By Q_(9. -��c�- , Deputy Clerk cc: County Administrator (2) County Counsel (1) rr.STM -''CLAIM, TO: BOARD OF SUPERVISORS OF CONTRA COP*Q9WRXapplication to: Instructions to ClaimantC!erk of the Board &4rl 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 J00th 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. i C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent- claims, Penal Code Sec. 72 at end ofthis form. RE: Claim by )Reserved or Clerk's filing stamps RONALD DOUGLAS CHAPEL ) > RCEI � Against the COUNTY OF CONTRA COSTA) OEC 13199 or DISTRICT)(Fill in name) The undersigned claimant hereby makes claim a Contra Costa or the above-named District in the sum of $in excess of $15 , 000 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour] September 5 , 1984 '�.--Where did-the damage-or injury occur? (Include city and county) (a) W/B SR-24 , Central Lafayette (b) County Jail 3. How did the damage or injury occur? (Give full details, use extra sheets if required) o U) Arresting officer CUNNINGHAM intentionally placed handcuffs too tight, a) refused to do anything about this , and attempted to crush claimant ' s skull when he complained. Arresting officer took claimant ' s wallet , �4 containing his bail money, thereby makin it difficult for claimant to be 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? , See above. (over) . 5.r What are the names of county or district officers, servants or, , employees causing the damage or injury? Officer Cunningham. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Injuries to wrists, skull, emotional distress , denial of basic rights . ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Dollar amount of ,injuries is difficult to ascertain. . However., any interference with said basic rights must be treated seriously. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Ron Chappel Jose, and ) Lafayette Tow 3037 SW Flower .Terrace Brian Hamilton) Portland OR 97221 . J. Nardil , Sheriff ' s Dept. Linda Martin Guerneville , California i ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Amount not known with certainty at present time. I Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or__by some person on his behalf. " Name and Address of Attorney / laimant s Signature JOSEPH G. BAXTER ffTT�,o�t.�-y �/P,r PUVA.) CX4fJ9 Z Box 37 Address Duncans Mills CA 95430 Box 37 , Duncans Mills CA 95430 Telephone No. 707/865-1311 Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud., presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer,. authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " _ T i � CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA =Nff, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT January 15, 1985 governed by the Board of Supervisors, ) The copy ot this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Calif State Automobile Assn Inter-Ins Bureau 2055 Meridian iPark Blvd. Cotility Counsel Attorney: Concord, California 94520 DEC 1r1984 Address: Martinez, CA 94553 Amount: $726.07 By delivery to clerk on Date Received: December 14, 1984 By mail, postmarked on December 13, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Dec. 14, 1984 PHIL BATCHELOR, Clerk, Byc,L .,/ Deputy Jolene Edwards II. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) (X 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, (9 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: ! r, 0.n PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimants right to apply for leave to present a late claim was mailed tot. DATED: JA�'19^5 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM f Claim For Damages I In accordance with Section 910 of the California Government Code, this is to formally place you on notice of our subrogated claim for the loss described below. Date: December 5, 19 84 • Contra Costa Public HI alth Dept. 1111 Ward Avenue Concord, , California Martinez, California 94553 i Claim is hereby made and filed against the Contra Costa County Public Health Dept. as follows: Name of Claimant: Name of State Automobile Association Inter-Insurance Bureau Address of Claimant: (Send notices to this address) 2055 Meridian Park Blvd., Concord, Calif. Date of Occurrence: Pleasant Hill Senior Citizen's Center PA Place of Occurrence: � i .. � ,, .L �--. Nature and Amount of Damages . Items Making up said Amount: Name of Public Employee(s) By C.enW causing said Damage(if known): Norma, Roe Facts & Details: Ms. Cumming's 1978 Olds Delta Royale parked and unattended in Senior Citizen's Center Parking Lot when 14s. Roe, driving Contra Costa's Public Health Dept. Van # 5920, collided into and caused damage to the right rear of Nis. Cumming's car. California State Automobile Association Inter-Insurance Bureau By: <- F1688 (REV.5-78) assi nment of claim and subrogation agreement In consideration of the payment to the undersigned of N the sum of 4kkt30r Ef, ❑ a sum estimated to be ``V_'�}'`,�tl `_;� x tet., c 'f�`•.' . Dollars, being the full amount of loss and damage insured against under an automobile insurance policy, number 353531-7 issued to the undersigned by the CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU, said loss and damage having occurred on or about the 22nd day of October 19 84 the said undersigned hereby assigns and transfers to said Bureau said claim in the above amount plus additional claim for damage resulting from said accident, not covered under said policy of insurance, in the amount of$ , constituting ® a total claim ❑ a total estimated (. 71, in the amount of $ Said Bureau is hereby subrogated in her place and stead to the extent of the above amount of the said total claim and is hereby authorized and empowered to sue, compromise or settle in her name or other- wise to the extent of said total claim for loss and damage, and to endorse in my name any check made payable to me therefor, and collect and receive any money payable thereby. The undersigned covenants that she ha s not released or discharged any such claim or demand against such party or parties and that she will furnish to said Bureau any and all papers and information in her possession, necessary for the proper prosecution of such claim. Dated at Ct�'i_;C(.'F:�_ C f i this r' ( � day of v^ � � l WITNESS F1433 (REV.7-77) + TmIS DRAFT MUST BE PROPERLY ENDORSED ON THE REVERSE SIDE i - N � N� C V-0 �� i a Q� f I. C 4 N ti JI - O amu_ rm �. rm � I � mi a WI < e`v N ru N N J O� p O C 2 W ►z fm m z O N *{ W 1.4 i.1 cD O f J !n F H � u z O r+ ;? W O t5 C) W L O 3t _ O E Z W 00: rru C o U 4 03 .t P •• Q O 0` 4. f :> Z Q ru ev M Q iY i p7I F- Q cr ry tYJY U i� LU Ix =WLu Oo Ui-- V iL :2 CD J ti u7 z I" c N Y < I z N ¢ z L^, 'N 3 ir (C9-9-A3!/i 19914 ...-- . � 3 SNAPPY CAR RENTAL claim ab-35353 Zj- :r-- r-b-P, ­ I , M5 MITCHELL DRIVE WALNUT CREEK,CALIFORNIA 94598 4415)945.1800 PRIMARY LIABILITY I RENTAL AGREEMENT - No. 047— AGRtjkMENT NUMBER CULT: 'ER PHONE VEHICLE N ­ HC)r,'L ADDRESS —_�J CITY STATE LICENSE NO. DRIVER'41.ICENSE NO. STA7T EXP. DATE AGE YEARe— MAKE /-._:': 0 RENTER'S INSURANCE CO ODOMETER MrjD E L COLOR j S7] rZ;7I l '—C DUE BACK DAT `R ❑ F, IN If T THIRTY (30) DAYS OF RENTAL ❑ ❑ ❑ ❑ DATE HIS CONTRACT IS TERMINATED AFTER ATE 1 '6' 1 VIOLATION OF ANY TERMS OF THIS AGREEMENT VOIDS ALL �00 U T I COVERAGES PROVIDED HEREIN. DEPOSITS THIS VEHICLE IS COVERED FOR PUBLIC LIABILITY AND DATE RECEIPT NO. AMT. CHECK CAST- PROPERTY DAMAGE INSURANCE BY SNAPPY CAR RENTAL. 1i/-I- 4L;(e'�- LIABILITY DOES NOT PROTECT THE RENTER OP. DRIVEF IF DRIVER IS UNDER 21 YEARS OF AGE. PAYMENT FOR THE DEDUCTIBLE WAIVER IS SOLELY THE RESPONSIBILITY OF THE CUSTOMER, NOT THE INSURANCE Co. CHARGES DEDUCTIBLE WAIVER NOT INSURANCEL THISVEHICLEISCOVEREC.BVCOLLISION IN CONSIDE",ATIOIN OF PA'YVENT OF SANL-. CC;%'PREHE: SIVE COVERAGEWITH MILES $ PER DAYE!VTHE CUSTOMER SNAPPY CAR REN-AL [�_";�T;-_E RENTER:I A $596-eO DE _1 - RDOES INC AGREES NP.TTO HOLr,THE CUS70!-IE;RZSPON- NOT-4:ZIL�70 PLjRCH;-SE THE DEDUCT- S I B LE F C-AANY PHYS I CAL 1)-^.0 A G ET 0-,H F VE Li!C L E IBLE PROTECTION ANC ACCEPTS FULL DAY(S)C' AS A RESUL T OF FIRE THEFT.CC)*-LIS ION.UPSET OR RESPONSIE!LITN FOr-, A%V AND ALL OTHER CAUSE COVERED BY A S7A`:) � ARD POLICY DAt,IAGE TO SA;-VEHICLE BJ7 NOT TO OR POLICIES OF COMPREHENSIVE AND COLLISION i C ExCEEC THE j��() THE�-,Z�)Jr71BLE PER WEEK1,S)CS ACIDENT VEHICLE AUTOMOBILE INSURANCE. PROVIDED THAT THE1;�ZDEPATED IN C DN'-OR11,17y WITH THE VEHICLE IS OPERATED IN CON';:0RM'TY t%:;Ttl. THE TER'.-; ..-S 0177HE REN'TA.-AG;:EEMEN7.ANY MONTHS)Ca' $ TERMS OF THE RENTAL AGREE",IEN7. PAV'"ENI PAVI,!�""-T DUE HE;EJNEZt,." SHALL BE SHALL BE DUE AND FAYAE E AT THE EXPIRATION I P"VAS'-E A, THE Ey-ir.-.TION OF THE OF THE RENTAL AGREEMENT i RENAL AGREEIVE1`47. TOTAL TIME &MILEAGE $ X x CU570t.IE SI-a'v-'7,;PE CLS70h­­S1CN4-JF4E SALES TAX $ Z VEHICLE MAY NOT BE USED OR DRIVEN CAR MUST BE RE- BY ANYONE UNDER 21. TURNED IN THE DEDUCTIBLE WAIVER IS 17 0,�;> I • VEHICLE MAY NOT BE REMOVED FROM STATE WHERE RENTED SAME CONDITION WITHOUT\WRITTEN PERMISSION FROM LESSOR. IN WHICH YOU RE- i MISC.CHARGES IS • TRAFF(ELV%OLATIONS ARE THE RESPONSIBILITY OF CUSTOMER. CEIVED 17 OR YOU • 24-HOUR*LOTICE IS REQUIRED FOR PICKUP. WILL BE CHARGED • RATES BASED ON CALENDAR DAY ONLY. I ACCORDINGLY—5&j TOTAL CHARGES S • ACCIDENTS OR MECHANICAL PROBLEMS,CONTACT OFFICE. ?V!1 r 5 • SHOULD DEPOSIT BE R E QUIRE D.CONTRACT SHALL TERM INA tt ! I 24 HOURS AFTER BASIC RENTAL CHARGE EXCEEDS DEPOSIT. AttrTrM"15--eV E R LESS CREDITS IS • FLAT TIRES MUST BE REPAIRED OR REPLACED. NET CHARGES $ 5er IF; Customer Xi A Lessor VEHICLE CONDITION Contents on Delivery 1 . 1 1 r t7 This will serve as authorization for SNAPPY CAR RENTAL to receive direct LESS DEPOSIT:V F E! payment from BALANC $ 0- CLEAN I..... L Insurance Company for all authorized calendar rental days which I had the INT DUE FRIOM INS.S.�CO. use of said SNAPPY'S rental vehicle. DAMAGE X y Initials DUE FROM/TO RENTER $ I HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND : EXT REFUND PAID CONDITIONS CONTAINED ON BOTH SIDES OF THIS RENTAL AGREE- IDAMAGE $ $ MENT AND AGREE TO RETURN VEHICLE TO SNAPPY CAR RENTAL Date Date Date Ck. No. :]Ck. No. Ck. No, INC.AT THE ABOVE LOCATION ON OR BEFORE DUE BACKDATE. TIRES RATES ARE BASED ON CALENDAR DAY. ANY X FRACTION OF A CALENDAR DAY SHALL BE Cultorner's Signature GNAPPY Authorized R niiItwe GLASS CHARGED AS A FULL DAY. Page 1 LEHVIER'S lors Si:taei F 0 5, P: 1 '524 CONCORD, CALIFOF.Nif, 9- JLIC[%S! NC C' 7,?;; a "HUtAE Iss a:*—_ Labor Labor Labor PARTS SYK PARTS SYMI. PARTS 4 Hours Hours Hours lFender Fender Rail Fender Ornament Fender Ornament Fender Shield Fender Shield Fende! Nlidg. Fender Mldg_ Gd. Head!amp Headlamp 2�1 System Headiamp Door Headlamp Door �Fia a ISeated Beam Sealed Beam ;Cress 1.'E-nber lCowl Cowl jDoor, Front IDoor, Front Wheel IDoor Lock Door Lock Hub Cap IDoor Hinge Door Hinge Hub& Drum Door Glass Door Glass Knickle Vent Glass Vent Glass Kno--kic Sup. Door Midg. Door Mldg. Lr, C c n t. Arm-Shatz �5_oof Handle Door Handle L-ce:ise Frame Brkt. Center Post Center Post .Llp Cont. A,,r, Shaft i !Door, Rear Door, Rear thozkDoor Glass Door G;ass Windshield Door Mldg. Door Mldg. lRocker Panel A' Rocker Panel iAe Rod jRocker Midg. Rocker tAldg. s!ee'-:nq Gear _--i [_ - i I I Sill Plate Sir!Plate jS-.ceri,ig Wheel jFloor Floor n !Frame r ;ne IH Ing t lc:evel'Shield I IDag Leg Z-9 Leg jPark Light u t lQuar. Pane JCjar. Pane! Cuar. Midg.,-,,4-T !Grille louar. Mldg. iCival- Glass Quar. Glass lFender, Rear IFende, 1%4;dg. IFender Midg. Fender Pad Fender Pad InSt. Panel Burnpe,L., rZ p4.( /9 Front Seat (Ba-"le, Side /-L-,,IBumper Rail 4/i cc Front Seat Ad j'Falfle, lower ri Bumper Bt*t.S57,r(P j A- Trim Upper Bumper 4&4,&11ex S-8r C..;: I Headlining Lock Plate, Lr. Gravel Shield Top�jaT Lock _ e, Up. Lower Panel Tire Hood Top Floor Tube Hood Hinge Trunk Lid Battery .Hood Midg. I ITrunk Lock Paint Hood Letters Trunk Handle Undercoat Ornament Tail Light Polish Rad. Sup. Tail Pipe Misc. Materials. Rad. Core IGas Tank AUTHORIZATION FOR REPAIRS Radio Antenna lFrame You are hereby authorized to make the e Rad. Hoses Wheel specified repairs. Signed Fan Biad_e lHub& Drum Labor-Mrs.-: Fan Belt Back Up Lite I- Walei'Pump Wheel Shield Parts-3 A Motor License Frame-Brkt. ed Tax Sublet A-A:ign N-New OH-Overhaut S-Straighten or Repair EX-Exchange RC Re;.hromeU-Used This estimate is based on IoAest possible cost is %QnAisten lity work, and as such. qua-anteed, !terns not covered by this estimate or en w i I I with hadditional.I TOTAL 7= Fl**1 (REV.*-13) ..._ ' 00 V o a of m m Z 0 O m fi N C) z IDD O ~ m EA O , w x+ NNW— CA z �I C—) G C d Q' O EW +I O E.4 O �. -a i Cn ' _7 cli i. t•D �E r :" C iLr rti O c z z c ►., a.. O n r*( 03 z CD n c > m r.. a : r . z � � 1•i � m f•i z N z ;> a E t p W co QN fri �7 c ►Oi mS O x }r+ c ru o N N N Cw w �� EA 3 n w µ F CID p7 0 11 C Wb;4@ 0 v No Y O —! v Q7 CD 't 0z • - 301S 3S113A3F! 3H1 NO 03SWOON3 A•1tl3dOtld 36 isnoN .Lawuo SIH1 C CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO cuamANT January 15, 1985 governed by the Board of Supervisors, ) The copy oft s ocument mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Fauzia Ahmed , County Counsel Seth J. Feinberg Attorney: Russell & Joy DEC 17 1984 One Kaiser Plaza, Suite 2135 Address: Oakland, CA 94612 Martinez, CA 94553 Amount: $100,000.00 By delivery to clerk on Date Received: December 14, 1984 By mail, postmarked on December 10, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Dec. 14, 1984 PHIL BATCHELOR, Clerk, By b � Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). . ( ) Other: Dated: By: - U Deputy County Counsel III. FROM: Clerk of the Board T0: 1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (�) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its te.qe. Dated:T � loj 1b V 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 warnig of claimant's right to apply for leave to present a late claim was mailed DATED:toJhaJ�nnt b X985 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) 5 CLAIM IM TCO: BOARD OF SUPERVISORS OF CONTRA COP*rF0 Kapplication to: Instructions to ClaimantC!erk of the Board .O.Box 911 j 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 late= 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 muse be Afiled against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end his form. RE: Claim by )Reserved o ' iling stamps FAUZIA AHMED ) RECEIVED Against the COUNTY OF CONTRA COSTA) DEC IV 1984 or DISTRICT) PHIL BATCHELOR LERM.BOARD UPERVISORS (Fill in name ) CONTRA ACP_ ,,, The. undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 100, 000. 00 and in support of this claim represents as follows: ---------------------------:--------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour]---- October 16, 1984 , approximately 6: 00 pm. ----- ---------------------------- �. Where aia the aamage or injury occur? tInclude city and county) Pleasant Hill Road, approximately 185 feet south of Purson Lane, in an unincorporated area of Contra Costa Countv 37-AN-aid --------- ------------------------------------- - mum;---T ------------3. How did the damage or injury occur? (Give ?all details, use extra sheets if required) Claimant was a passenger in a car headed north on a one-way segment of Plaesant Hill Road. The car had a head-on collison with a vehicle driving in the wrong direction. ------ ----------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The road was not sufficiently marked as a one-way street. (over) -5. What are the names of county or district officers, servants or . • employees causing the damage or injury? Unknown at this time. 6. -What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Personal, injuries, including, but not limited to injuries to right knee (fractured & lacerated) , face (lacerated) , chest, neck, right eke--&- shoulder, back; also miscellaneous contusions, cuts, & muscle strain: - - ------------------------------------------------------------------ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Computed on the basis of the nature of claimant' s personal injuries and claimant' s attorney' s experience at evaluating personal injuries. ------------- 8. Names and addresses of witnesses, doctors and hospitals. Witnesses: 1) Fauzia Ahmed & Anisa Gailani, both represented by the undersigned attorney 2) Brian DeLoache, 2041 Miramonte, San Leandro, California 3) Tara Jowitt, 224 Longview Terr. , Orinda, California Hospital: John Muir Memorial Hosp. , 1601 Ygnacio Valley Rd. , Walnut CreekCA Doctor: John Wilhelmy, 130 La Casa Via, #103, Walnut CrP-ek, CA 94548 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Medical bills are increasing weekly, and have been submitted to insurance company. Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some . erson on his behalf. " Name and Address of Attorney Attorne 4-r4-Claim`at� SETH J. FEINBERG, ESQ. le$8 s RUSSELL & JOY . One Kaiser Plaza., Suite 2135 Address Oakland, CA 94612 Telephone No. (415) 444-6100 Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, "or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, .account, voucher, or writing, is guilty of a felony. " �9