HomeMy WebLinkAboutMINUTES - 01221985 - 1.15 " BOARD ACTION
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA OO1MM, CALIFORNIA January 22, 1985
BOARD ACTION
Claim Against the County, or District ) NOTICE 70 CLAIMANT
governed by the Board of Supervisors, ) The oopy of-thFs__cWument 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 wWarnings".
Claimant: Joe Andrada
6712 Hagen Boulevard, BI Cerrito, CA 94530
Attorney: Naphan & Glassford, Attorneys at Law
Address: P. 0. Box 1917
Oakland, CA 94604-1917
Amount: $2,000,000 By delivery to clerk on December 27, 1984
Date Received: D2cember 27, 1984 By mail, postmarked on
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: December 28, 1984 PHIL BATCHELOR, Clerk, By 1 Deputy
J. 0. ma Lo
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: 12 - ? `/ By: Deputy County Counsel
III. FROM: Clerk of the Board TO: X( CounWcounsel, (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
mi Utes for this date.
Dated: z?; lfPi PHIL BATCHELOR, Clerk, By Q. , Deputy Clerk
V AF
WARNIM (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 oonneetion with this
matter. If you want to consult an attorney, you should do so immediately.
V. FROM: Clerk of the Board 110: (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 Boards 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, By7 , Deputy Clerk
tl
cc: County Administrator (2) County Counsel (1)
CLAIM
l
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1 CLAIM AGAINST A PUBLIC ENTITY
2 In re the matter of :
3 JOE ANDRADA,
4 RECEIVED
Clamant,
5 vs. `v6 THE COUNTY OF CONTRA COSTA, and Cl ft *ORSDOES ONE throw h TEN, inclusive. , c .g or . .. .. owu�y .
8 TO THE COUNTY OF CONTRA COSTA:
9 Claimant, JOE ANDRADA, hereby presents his claim to
10 THE COUNTY OF CONTRA COSTA pursuant to Section 910 of the
11 California Government Code:
12 1. The name and address of claimant is as follows:
13 JOE ANDRADA
14 6712 Hagen Boulevard
15 E1 Cerrito, CA 94530
16 2. The post office address to which NAPHAN & GLASSFOR
17 desires notice of this claim to be sent is as follows:
18 NAPHAN & GLASSFORD, Attorneys at Law
19 P. 0. Box 1917 , Oakland, CA 94604-1917
20 3. On Sentember 21, 1984 , at the boat ramp at
21 Bennett' s :Marina in the City of Rodeo, County of Contra Costa,
22 State of California, claimant received personal injuries under
23 the following circumstances: Claimant slipped on moss accumulate
24 on the boat ramp which presented a dangerous condition on public
25 property owned, operated, and under the control of THr COUNTY OF
26 CONTRA COSTA.
-1-
gs
NAPHAN 61 GLASSFORD
ATTORNEYS AT LAW
169 IATN STREET
OAKLAND.CA 94612
TELEPHONE 693•2265
1 4. Said moss on said boat ramp constituted a
2 dangerous , hazardous and defective condition on the boat ramp
3 to persons authorized to use the boat ramp; said condition was
4 known to THE COUNTY OF CONTRA COSTA by and through their agents,
5 servants and employees; plaintiff slipped on moss , falling and
6 sustaining personal injuries consisting of severe injury to his
7 rotator cuff of this left shoulder, as well as other injuries
8 generally about his person.
9 5. So far as known to NAPHAN & GLASSFORD and claimant
10 at the date of the filing of this Claim, claimant has incurred
11 damages in the amount of ONE MILLION DOLLARS ($1 , 000, 000. 00) due
12 to the following injuries: Severe injury to the rotator cuff of
13 the left shoulder and other injuries about the body generally.
14 6. NAPHAN & GLASSFORD and claimant are ignorant of
15 the names of the public employees responsible for causing the
16 injury sustained by the plaintiff, and therefore claimant
17 alleges that DOES ONE through TEN were public employees of THE
18 COUNTY OF CONTRA COSTA responsible for causing the injuries to
19 himself.
20 7. At the time of presentation of this Claim,
21 claimant claims damages in the amount of ONE MILLION DOLLARS
22 ($1, 000, 000. 00) including approximately ONE MILLION DOLLARS
23 ($1, 000, 000. 00) due to prospective injuries and damage, computed
24 on the basis of the following: Plaintiff has sustained severe
25 injury to this rotator cuff of his left shoulder requiring
26 surgery and claimant asserts that the injury to his rotator cuff
-2-
gs
NAPHAN&GLASSFORD A
ATTORNEYS ATLAW
169•16TH STREET
OAKLAND.CA 94612
TtLtPMONE 603.2266
1 will result in permanent loss of function of the shoulder.
2 DATED: December 26th, 1984 .
3 NAPHAN & GLASSFORD
4
5 By
6 AW RED R. NAPHAN
7
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-3-
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NAPHAN&GLASSFORD
AT -14 Y AT E
1699 STREET
OAKLAND-
.CA 9612
T[LEPNONE 693.2265
1w
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA CO(NTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT January 22, 1985
governed by the Board of Supervisors, ) The copy of this 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: James E. Hines
901 Court street County Course!
Attorney: Martinez, CA 94553
JAN 0 2 1,-'8
Address:
Amount: $100.00 By delivery to clerk on {V�2ffi!i.ft2, GP 9 553
Date Received: Dec3mber 21, 1984 By mail, postmarked On December 18, 1984
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: Dec. 21, 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: i - - f 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
D<) 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: o224 /4rL PHIL BATCHELOR, Clerk, By - , Deputy Clerk
WARNIM (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. FRONT: Clerk of the Board 710: (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• R
( ) A warning of claimantts right to apply for leave to present a late claim was mailed
to claimant.
DATED:". aPHIL BATCHELOR, Clerk, By �- , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM
TO: BOARD OF SUPERVISORS OF CONTRA COQor& taPPUMMon to:
Instructions to ClaimantClerk*1 0*Board
M njne�,Califomia 94553
A. Claims relating to causes of action for death or or - njury 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.aiust :be
presented not later than one year"after. the accrual of the .tause.
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 Buildingi,451 -Pine
Street, Kartinez, 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 : han t�i�e public antity, separats' ciall s
must be filed against each public entity. .
E. Fraud. See penalty. for fraudulent claims, Penal Code Sec. 72 at -end
o t—Fiis form.
*�**>R:>R�r>«,R*��:*�,�*>R>R>t*:�*•��*,R>R�>R>R�*�**��r**>R,R>R t �a*:�>R
RE: Cl im by )Reserved for Clerk's fi g. stamps
�'.
IN 4S
Against •the COUNTY OF CONTRA CO_
or DISTRICT) F` Of 5 LOR
LER:BOAA RDO Gi SUPId`/t:CR;
(Filln name
0
The undersigned claimant hereby makes claim against the gunty of Contra
Costa or the above-named District in the sum of Sf�1�
and in support of this claim represents as follows. ;
damage or n3ury occur? ZGve exact date an8 hour] ,,;. ::
�. ere d � t damage o �n3ury occur? �Inclu�e city and county
N ljx,�
. --- ------- — — ------- — --- — — --- ---N----N—N.
3Bow did the damn a or n _
g ury occur? G v to eta s, use extr
sheets if required) e/us -toe
U. AM piHit u
ar act or Uoii oii the-pa:t ot-countyy-o=-81-s-tzict 77
-officers, ervants or employees caused the injury .or damage?
• 7' .Vii,.a - '';3'
k S:..•fes 2
Aover)
"-^- t+er-.._- x,-.."^o''T,s^---a..cT7•wa;avv-ee.........-.._.-�.,®„a'.,,. - .._ _ . -..�:{u,--,e.,_ q,,..¢s._
S. - What are the names of county or district officers, ,servants or
em/ployees causing the daoage pr injury? }_
g: 1ME-aimage or in3u=ies'8o you claim iesultedlNZGive� ulI-extent-���
dQf injuries oi,"ges cl t:. Attach o estimates for .auto.
amage) /116 � 7�SGS 8 �" `
057
_2L �-�� ��----�---------��-e �� �-���-N- ��-- ---
7. How as the amount clnlmed above computed? Zinclude the estimates
amount of any pro pectivinj or damage.)'7 �j�sfv � d v�
� a►� '(�(/e C.os-Z` 6r e F jA:2�-�o /� ��—y���///,//(((���/jjj���'/ '
�. Names nd-addresses of witne .°ass, actors and hospitals.
jlee,rc a C'o• o- v
�. List tie expenditures you made on account of this acclsent or in3ury:
DATE ITEM AMOUNT
Govt. Code Sec. 910.2 provides:
"The claim signed by the claimant
BEND NOTICES TO: (Attorney) or by some person on his behalf."
Name and Address of Attorney
Claimant mf ignature
J
Telephone No. Telephone N .
•t�*!t*:��**:ft�R�t:***t:*::�R�ts*�:***�:**ttt*t�R*t���**�**�**t*tte*ttr�*w*
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 sraudulent claim, bill, account, voucher,
or kiting, is guilty of a felony."
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CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE 10 CLAIMANT January 22, 1984
governed by the Board of Supervisors, ) The copy oP t 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: Archie L. Monroe
County Counsel,
Attorney: David Headley DEC 18 1984
Public Defenders Office
Address: 1957 C Parkside Drive Martinet, CA 94553
Concord, CA 94519
Amount: $133.30 By delivery to clerk on
Date Received: December 17, 1984 By mail, postmarked on December 14, 1984
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
yP ,. .
Dated: Dec. 17, 1984 PHIL BATCHELOR, Clerk, ByaL 6 Deputy
Jolene Edwards
II. FROM: County Counsel T0: Clerk of the Board of Supervisors
(Check only one)
( This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
Dated: By: Deputy County Counsel
III. .FROM: Clerk of the Board TO: (1) County Counsel, ( County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
( )Q This claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
Dated: ef5—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 10: (1) County Counsel, (2) County Administrator
Attached are copies of the above claim. We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a memo thereof has been filed
and endorsed on the Board's copy of this Claim in accordance with Section 29703.
( ) A warning of claimant's right to apply for leave to present a late claim was mailed
to claimant.
DATED:.,- 2�� !e j',s. PHIL BATCHELOR, Clerk, By Q_ lj. , Deputy Clerk
IV
cc: County Administrator (2) County Counsel (1)
CLAIM
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BOARD ACTIONI
CLAIM
BOARD OF S[JMVISORS OF CMTU COSTA COMM, CALIFORNIA January 22, 1985
BOARD ACTION
Claim Against the County, or District ) YMCE TO CLADUNT
governed by the Board of Supervisors, ) The oopy of Uds 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: Elvia C. Ornelas
1654 Dwight Way #g, Berkeley, CA 94703
Attorney: Law Offices of Gordon & Ropers
44 Montgomery St. , Suite 600
Address: San Francisco, CA 94104
Amount: $750,000.00 By delivery to clerk on
Date Received: December 28, 1984 By mail, postmarked on Dec. 27, 19e4
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: December 28, 1984 PHIL BATCHELOR, Clerk, By Q U. 2,L.. Deputy
J. 0. M . lio
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
Dated: By: Deputy County Counsel
III. FROM: Clerk of the Board TO: 1) County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
( 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
mit for this date.
Dated: 9-;z /1/'�PHIL BATCHELOR, Clerk, By (� , Deputy Clerk
WARM (Gov. Code Section 913)
Subject to oertain exceptions, you have only six (6) months from the date of this
notice was personally served or deposited in the mail to file a oourt action on this
claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in oommtion with this
matter. If you want to oonsult an attorney, you should do so immediately.
V. Fel: 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
tR claimant.
DATED: PHIL BATaMDR, Clerk, By �J �• �1�� , Deputy Clerk
ce: County Administrator (2) County Counsel (1)
CLAIM 7)�
-1
1 CLAY C. BURTON, ESQ. RECEIVED
LAW OFFICES OF GORDON & ROPERS
2 A Professional Corporation
44 Montgomery Street, Suite 600 DEC -:W W4
3 San Francisco, California 94104
- PHK BATCHELOR
4 CLERCONTRDD OF OSTACE�O M
ATTORNEYS FOR ELVIA ORNELAS ly •••
5
6
7 CLAIM FOR PERSONAL INJURIES AGAINST PUBLIC ENTITIES
ALAMEDA COUNTY, CONTRA COSTA COUNTY,
8 STATE OF CALIFORNIA, AC TRANSIT
9 Presented to:
10 STATE BOARD OF CONTROL OF
STATE OF CALIFORNIA
11 926 "J" Street, Suite 300
Sacramento, CA 95814
12
COUNTY OF ALAMEDA
13 1225 Fallon
Oakland, CA 94612
14
CONTRA COSTA COUNTY
15- CLERK, BOARD OF SUPERVISORS
651 Pine Street, Martinez , CA 94553
. 16
AC TRANSIT
17 508 - 16th Street
Oakland, CA 94612
18
YOU, AND EACH OF YOU, PLEASE TAKE NOTICE that the - -
19
claimant herein designated hereby serves and makes a demand upon
20
you for the cause and amounts set forth in the following claim:
21
Claimant' s name and address: ELVIA C. ORNELAS, 1654
22
Dwight Way #G , Berkeley, California 94703 .
23
Claimant' s mailing address to which notices are to be
24
sent: LAW OFFICES OF GORDON & ROPERS, A Professional
25
Corporation, 44 Montgomery St. , Suite 600, San Francisco,
26
California 94104.
27
28 Amount of Claim: Prejudgment interest, special damages
P .
J
I in unknown amount of property loss, medical expenses, lost work
2 time and impaired earning capacity, and rehabilitation, general
3 damages for injury, pain and suffering, disfigurement, and costs
4 of suit, in the sum of $750 ,000 .00
5 Date and place of occurrence giving rise` to the claim:
6 November 14, 1984 at approximately 8 :55 a.m. on the Oakland-San
7 Francisco Bay Bridge near Treasure Island.
8 Description of occurrence: That on or about the
9 aforementioned date, the above-named public entities, by and
10 through its agents, servants and employees, so negligently and
11 carelessly owned, operated, maintained, leased, rented and
12 entrusted their vehicle, a bus, that the same struck the
13 claimant while she was driving her car rear-ending her on the
14 Oakland-San Francisco Bay Bridge near Treasure Island causing
15 property damage to her car and severe personal injuries.
16 That as a direct and proximate result of said
17 negligence and carelessness, as aforesaid, claimant was caused
18 to and did sustain severe personal injuries.
19 The names and addresses of all the public employees -
20 responsible for claimant' s condition are presently unknown and
21 claimant does not presently know the extent of the special
22 damages.
23 DATED: December 26 , 1984
24 LAW OFFICES OF GORDON & ROPERS
A Professiona3 Corpo ation
25 '
26
27 Cla C. `Burton, Esq.
28
1
V'
r
LAW OFFICES OF
GORDON & ROPERS
WILLIAM C.GORDON A PROFESSIONAL CORPORATION
MARK ROPERS 44 MONTGOMERY STREET,SUITE 600 SALINAS OFFICE
ALLAN I.SHATKIN SAN FRANCISCO,CALIFORNIA 94104 933 EAST MARKET STREET
DAVID A.CALDWELL SALINAS,CA 93905
ROY D.WOOLFSTFAD (415) 986-4500
(408) 422-7332
KENNETH M.NAKATA
CLAY C.BURTON INTERNATIONAL DEPARTMENT
HORACIO 1.MARTINEZ BACA
M (LICENSED M ARGENTINA ONLY)
ecember 27 , 1984
NTRA COSTA COUNTY
CLERK, BOARD OF SUPERVISORS
651 Pine Street
-Martinez, CA 94553
Re: Our Client: ELVIA ORNELAS
D/Accident: 11/14/84
Gentlemen:
Enclosed herewith please find original and one copy
of Claim for Personal Injuries presented to you on behalf
of our client regarding the accident on the above-mentioned
date.
Please endorse the copy and return it to this office
in the provided postaged envelope.
Very truly yours,
LAW OFFICES OF GORDON & ROPERS
A Professional Corporation
By: el(,argar,* - ^*tift¢2
. argarita Martinez , Secretary
/mm to CLAY C. BURTON
Enclosures
DjDjDj
,� r
N
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA CMNff,, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT January 22, 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 nLaings".
Claimant: Kimberly Smith by & through her guardian
and Herbert Smith individually D E G 19, 1984
Attorney; Robert N. Kolb
312 4th Street Martinez, CA 94553
Address: Antioch, CA 94509
Hand-Carried
Amount: $3,.Q00,000.00 By delivery to clerk on December 19, 1984
Date Received: December 19, 1984 By mail, postmarked on
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: Dec. 19, 1984 PHIL BATCHELOR, Clerk, Byeala",o�./ Deputy
Jolene Edwards
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
( �) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
Dated: - By: Deputy County Counsel
III. .FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
( 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: .?.Z /��5� 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
t claimant.
DATED: l!�'S' PHIL BATCHELOR, Clerk, By Q-A , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM
I ROBERT N. KOLB
. LAWYER n
2 312- 4th Street
AntiochC 94509
3 (415, 713- 333 F ^ `EIf 'E1�
4 jr.. 3 5 0-,W,
5 Attorney for CLAIM-ANTS DEC 0 1984
P641 9ATGHELOR
6 C 7K 60'LnDOr SUPEPVISORS
L
Y • T .
.. Deputy
7
8 KIMBERLY SMITH by and through )
HERBERT SMITH her father and )
9 custodial guardian and HERBERT
SMITH individually, )
10 )
Claimants,
11 )
12 vs . ) CLAIM.
COUNTY OF CONTRA COSTA )
13 STATE Or CALIFORNIA, )
14 Resp_ ondents)
15
16 TO: BOARD OF SUPERVISORS , COUNTY OF COUNTY 07 CONTRA COSTA:
17 The above named Claimants , Dresent this claim .for dam-
18 ages in the amount of $3 ,000 ,000 .00 estimated as of the date
19 of presentation of this claim and allege as follows , in
20 reference thereto.
21 1 . All notices concerning this claim should be sent to
22 ROBERT N. KOLB , Attornev at Law, 312 4th Street, Antioch,
23 California, 94509.
24 2 . The occurences giving rise to this claim, so far
25 as is now known, took place on or about September 10 , 1934 ;
26 September 12 , 1984 ; September 13 , 1984 ; September 17 , 1984
I September 17 , 1984 ; September 19 , 1984 and, September 24 , 1984
2 at or about Hillcrest Center School , a special education school
3 .facility for emotionally distrubed childern , in or near Pacheco,
4 California. The circumstances of said occurences are as follows :
5 At said times KIMBEREL` SMITH was a student at Hillcrest Center
6 and was forcibly and without consent placed and confined alone
7 in a plywood box approximately 7 feet long, 7 feet high and
8 4 feet wide. Said box_ was referred. to as the "NOT ROX" and
9 was void of any contents , lacked proper ventilation, had no
10 sanitary or water facilities and was without windows or other
Ln0
W 11 lighting. Said "HOT BOX" confinment is referred to as
O °z v
12 "TIME OUT" by Respondents . At times currently unknown to
. do o m
Z w d 13 Claimants KIMBERLEY SMITH was also subjected to other nhvsical
� '
z u 14 abuses by Respondent Hillcrest School including but not limited
LQ
m
0 J d - 15 to such physical restraint known as the "CHICKEN HOLD" or
o16 "TURKEY HOLD" . In addition, at all times referred to herein
M
17 KIMBERLEY SMITH was not provided the education, care and
IS counselling Respondent was responsible for rendering. At all
19 times herein, KIMBERLFY SMITH was an emotionallv distrubed
20 child in separate extensive therapy for past adult abuses all
21 of which was known to Respondent Hilcrest School and for which
22 KIMBERLY SMITH was in attendance at said. school . At all times
23 herein Respondent and its responsible personnell knew or should
24 have known that such occurences was contrary to the phvsical
25 and emotional well being of KIMBERLY SMITH and F7ould intensifv
26 her existing emotional state and prevent her prover recovery
I through therapy and would cause HERBERT SMITH great emotional
2 distress and expenses and costs for proper treatment for
3 himself and KIMBERLY SMITH currently and in the future and
4 would further frustrate the proper education of KIMBERFLY
5 SMITH.
6 3 . So far as is currently known the names of the
7 public employees causing or contributing to the injuries ,
8 damages and losses for which this claim is made are JIM LeDUC,
9 BARBARA COHEN, ? GOODMAN, CANDY HENDRA, and others not currently
10 known to Claimants.
0
w q 11 4 . The injuries , damages and losses for which this
N
-3 < 12 claim is made, so far as is currently known consists of general
0 °< zV
� o o ° 13 special and deterrent damages for said occurences against
z r ro
gu - 14
� z < V' KIMBERELY SMITH as aforesaid, all of which was a violation of
LW in
94
J � �!
15 her civil rights and liberties.
N N
Q
16 5 . The basis of computation for the amount claimed
O a
O
M
17 for these injuries , as now known and presently estimated, is
18 as follows : General damages of at least $2 ,000 ,000 . 00 ; Special
19 damages of $100 ,000 .00 and Deterrent damages of $900 ,000 .00.
20 Dated: December 18 , 1994 /
i
21 ROBERT N. KOLB, Attorney for Claimants.
22 I declare, under penalty of perjury that the above is
true and correct and is based upon my information and. beleif.
23 and that this claim was executed by me on Dec tuber 18, 1984
24 in Antioch, California. /
25 04MrRT N. KOLB, Attornev for Claimants.
26
-3-
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT January 22, 1985
governed by the Board of Supervisors, ) The copy of t s document mailed to you is your
k 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 �leas note all "Warnings".
Claimant State Farm Insurance Co./Allen Le40 1 Y
Northern California Office 1
Attorney: 6400 State Farm Drive DEL 1 `% 1984
Rohnert Park, CA 94926
Address: Martinez, CP: 94553
Via County Administrator
Amount: $515.51 By delivery to clerk on December 19, 1984
Date Received: . Dec. 19, 1984 By mail, postmarked on
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: Dec. 19, 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: By: 7, L6giddzZ 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 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: PHIL BATCHELOR, Clerk, By 19 ' -� , 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: Qom,. x f, /yj5 PHIL BATCHELOR, Clerk, By /9- Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM
i
EAST BAY MUNICIPAL UTILITY D/STR/c7 ?73O AOEUIVE STREET PO BOX 24055.OAK(ANO.CA 94823•/475/835-3000
December 3 , ECE
ftIY
DEC /y 1984
awry G"C"E►OK
Contra Costa County ` ;` 'T"D0`s En�'s�'�
Public Works Department ,C,c, o a,ry
255 Glacier Drive
Martinez, CA 94553-4897
Reference: Claimant : State Farm Ins . Co . , Subrogee of
Allen Levan
District File No. 1984/459
D/0 : 9/18/84
Assessnent District 1980-4 (San Ramon)
Dear DPW Director:
Enclosed is a claim received for damage to an automobile
allegedly caused by a gate pot cover.
Since the one year warranty period on the Assessment Dis-
trict has not expired, the claim is hereby tendered to the
County for handling.
Accordingly, the District is rejecting the claim as evi-
denced by the enclosed Rejection Notice.
Sincerely,
W
W. T . Nordin
Risk Management
Administrator
WTN:mc
Encs .
CC: Mickey Bommarito
State Farm Ins . Cos .
BOARD OF DIRECTORS:SANFORD M.SKAGGS,President KENNETH KOFMAN, Vice President
HELEN BURKE JACK HILL WALTER R.McLEAN KENNETH H SIMMONS MARY C. WARREN �n
k.
G'o l�i1lJD
i
EAST BAY MUNICIPAL UTILITY DISTRICT ADE1rrtE 1;T4EE' a.J So GAA ,\v C4 94611•i.1,5,.q;s oo
• State Farm Insurance Companies
6400 State Farm Drive
Rohnert Park, CA 94926
• Attn: Mickey Bommarito
Claim Representative
NOTICE OF REJECTION OF CLAIM
of
State Farm Insurance Companies ,
Subrogee of Allen Levan
Notice is hereby given that the claim which you presented to
the Board of Directors of East Bay Municipal Utility District
was rejected in its entirety on this date.
In compliance with Government Code Section 913, the following
is quoted for your information:
"WARNING"
"Subject to certain exceptions , you have only six
(6) months from the date this notice was personally
delivered 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
desire to consult an attorney , you should do so
immediately. "
W. THOMAS NORDIN
Risk. Management
Administrator
DATED: DECEMBER 3, 1984
CC : Contra Costa County
Public Works Dept .
N-11 • 3/80
BOARD OF DIRECTORS.JON O.REYNOLDS.President WILLIAM P MOSES, Vice President O
" - " HELEN BURKE A. C. CARRINGTON WALTER R. McLEAN KENA:ETH H. SIMMONS S4NEORD M. SKAGGS
r STAT .,SRM
�INSURANCF
y
State Farm Insuranc 0Ara �Jg
November 16, 1984 O u Northern California Office
O 6400 State Form Drive
NOV ? s ossa Rohnert Park,California 94926
°
Eastbay Municipal Utility District
P. O. Box 24055 Room 115 C,B.M.U.D.
Oakland, CA 94623 INSURANCE & CLAim fl L5 L
Re: Our Claim Number: .. 18-4171-100
Our Insured: Allen Levan D E� 3 1984
Date of Loss: 9-18-84
°
'asu +�a,M.U,•,
AANC€ &
,State Farm Mutual Automobile Insurance Carpany on behalf of S�.:brogee,
Allen Levan hereby makes claim for $515.51 and makes the following
statements in support of the claim.
1. Notices concerning this claim should be sent to State Farm
Insurance Companies, 6400 State Farm Drive, Rohnert Park,
California 94926.
2. The date and place of the accident giving rise to this claim
are; on 9-18-84 on San Ramon Valley Blvd. in San Ramon,
California.
3. The circumstances giving rise to this claim are as follows:
Your employee left a manhole cover in the road and our insured
vehicle struck it as we drove over the road.
til
4. There were no injuries reported. F
5. Our total claim is as follows:
Company's Net Payment $392.75 3J1 --L "Ir-
Insured's Deductible Interest 250.00 qj017)
Total Property Damage $642.75 f&6;, F&
41 A-V-9
Ir-
�US,
'000ar �e
J
NOME OFFICES BLOOMINGTON, 1 LIN IS 61701
4 INSURANCE 3
State Farm Insurance Companies
Northern California Office
6400 State Farm drive
Page 2 Rohnert Park,California 94926
0
NOTICE:
This form is to provide notice of our claim for damages in accordance
with the one hundred (100) day statute. If this form is not acceptable
for compliance with the statute, please rush the necessary forms to
0
my attention for proper filing.
STATE FARM INSURANCE COMPANIES
Dated: / �- By: r'r/ ! �CL-F-� 6v)-x i'I2Qr�
Mickey Bommdrito
Claim Representative
LD:bf (707) 584-6424
5/A05/AC51
Encl: Supporting Documents
cc: Policy Division
G 954.4,
CLAIM NO.
WITNESS REPORT OF ACCIDENT
AM
DATE OF ACCIDENT —19—TIME—PM PLACE
CITY COUNTY STATE
CAR A
Make Color Direction Moving Driver's Name
CAR B
Make Color Direction Moving Driver's Name
CAR C
Make Color Direction Moving Driver's Name
WHERE WERE YOU WHEN THE ACCIDENT HAPPENED?
IF YOU WERE IN ONE OF THE CARS INVOLVED,WHICH ONE? SEATED WHERE?
DID YOU SEE THE ACCIDENT HAPPEN? SEE THE CARS AFTERWARDS?
COMPLETE DIAGRAM
Illustrate position of cars at time of collision:
1
1 ,
1 I
1
SHOW
l
STOP SIGNS 1
AND
INDICATE 1
TRAFFIC LIGHTS
DIRECTIONS
1
1 1
1 f �
1 �
i�r 1 AI 1 /
CARS i EA CHSTREET , -------------
THUS
1
1 1 1
1 � 1
STATE BRIEFLY HOW ACCIDENT HAPPENED
f �
i L
L�
WERE THERE ANY STOP SIGNS OR TRAFFIC LIGHT CING CAR A' CAR B?
WERE ANY STOP-AND-GO LIGHTS VIOLATED BY CAR A? CAR 87 CAR C?
WERE ANY STOP SIGNS VIOLATED BY CAR A? CAR B? CAR C?
WHAT IF ANY TRAFFIC VIOLATIONS DID YOU SEE BY CAR A?
CAR B? CAR C? l c
. .Inulrn n 1 1 nt tcoTlnnlC` n111 hnTl1 rtnrc �(
WERE ALL LIGHTS BURNING ON CAR A? CAR B? CAR C?
WHAT,IF'ANY,SIGNALS WERE GIVEN BY CAR A? CAR B? CAR C?
WHAT WAS THE SPEED OF CAR A? CAR B? CAR C7
WHAT WAS THE SPEED LIMIT?
WAS VISIBILITY RESTRICTED FOR DRIVER OF CAR A? CAR B? CAR C?
(Indicate whether rain,snow,fog,dust,trees,shrubs,buildings,parked cars)
CONDITION OF ROAD OR STREET: DRY ICE SNOW WET MUDDY
WHERE WAS POINT OF IMPACT ON CAR A?
CAR B? CAR C?
WHAT DEFECTS DID YOU SEE IN THE CONDITION OF CAR A?
CAR B? CAR C?
WHAT MARKS OR DEBRIS DID YOU SEE ON THE RCAD?
WI4ERE WERE THEY WITH REFERENCE TO THE CENTER OF THE STREET AND WITH REFERENCE TO THE CARS INVOLVED?
LENGTH OF SKID MARKS,IF ANY,FROM CAR A7 CAR B? CAR C?
WHAT WAS THERE ABOUT THE POSITION OF THE CARS,OR THE MARKS ON THE ROAD,OR OTHER FACTS THAT YOU
OBSERVED,TO INDICATE WHO WAS TO BLAME FOR THE ACCIDENT?
WAS EITHER CAR ON THE WRONG SIDE OF THE ROAD?
WHAT DID YOU HEAR THE DRIVERS SAY AFTER THE ACCIDENT?
WERE YOU INJURED? DID ANYONE ELSE APPEAR TO BE INJURED? IF SO,IN WHAT CAR?
WHO ELSE WAS A WITNESS TO THIS ACCIDENT?
NAME ADDRESS
NAME A RESS
YOUR NAME HERE: A E:
ADDRESS: /
TELEPHONE: RESIDENCE USINESS:
DATE: a
i
STATE FARM INSURANCE F `r" r---�•'—'?
IA
NOT ffGOTIABLE 11•s� s3s O^ « `bi .
#� NORTHERN CALIFORNIA OFFICE } L 14 �i
;� /4tY�AMtt ROHNERT PARK, CAUFORN949$6 I
iO , _ ,:• .
;.:
L R.i {LAM NUMBER �� �a O - � sNt
NO.
. QATEgL I
t ." '"PAY TO THE ?e' xI/
► ORDER OF rindrtF«:Or A ASMob�1�B t1441f�
j gam'•,"' ~ •� .` 1.
� _ `� •� I l�I}Rl�D 0ltE wA»b /� .. . s
HE4UM OF . /♦Qac- DOLLARS
+ COVERAGE - ¢ IM t•AYMFM OF LOSE WMKH OCCURtFQ ABOUT .
� � } ��� �`�wr�i—'� y ,.� IQATF OF KCIDF NT) _ ,hy�� {y .;_•. ,.,_�[' _ .._ �;y ut)�•"� {. °;K -
,'{" INSURE Aa
a -DRAWN ON COMPANY MARKED ]
STATE FARM MUTUAL AUTO INS.
:CO.
STATE YARM FIRE'AND CASUALTY CO. ,
.._ .MIM
+. F STATE FARM 40ENERAL INS,CO.
STATE FARM COUNTY MUTUAL
fTA1F
s4� , D INS.CO. OF TEXAS
APPROVED BY J
5�
s
I
q6
61AIt I"AHM INJUhtANL.t IaUMrAN It%') u r.n..eu
0 REPAIR ESTIMATE. 0
CLAIM NO..O_12__�Z/ZZ__hf_1_2_ 2-2 Z—E,11 �1!/,r,;t LZ-5
DATES OF INSPECTION 6 TIMATE T T WHERE INSPECTS
LICENSE
INSURED— ,/= ISA d4. �_I— Al INUMBER OZ
01
ADDRESS TEL.NO.
MAKE YEAR SERIES BODY STYLE IVIN
r G1 - �-3 A16 �nE6!t2l
MILEAGE DATE ANU ACTURED
RE- PARTS LABOR REFIN• PAINT
REPAIR PLACE DESCRIPTION ® LIST HRS. ISHING MATERIALS
HRS. 6 NET ITEMS
2
3 r00
4 r , .
5
6
9
10
�. 12
13
14
15
16
17 s
18
TOl,L $
CLAIM NO.
I AUTHORIZE �ABOR HRS. ' L
TO REPAIR VEHICLE ACCORDING TO REOAIR COST AS ITEMIZED. ALSO, I AGREE 1
TO SHOW THIS APPRAISAL TO REPAIRER BEFORE REPAIRS ARE STARTED. I REF.HRS.
!TTPER
!TOTAL f/ �0 ,
INSURED'S �A '(I/{� —DATEi� b BOR HRS. X S;_HR.
gc
SIGNATURE LC/�/� r ARTS
it LIST ,10 �1I LESS % DISC. _ 5�
WE ACCEPT APAI C TS AS ITEMIZ
REPAIRER'S SALES TAX S T�
SIGNATURE DATE
PAINT,MATERIALS,&NET ITEMS 57-
THE REPAIRS HAVE BEEN COMPLETED. I At1TT19R17S THE IOMPANY TO MAKE '
TOTAL REPAIR COST
PAYMENT OF$ ' TO XHIS REPAIR SHOP ON MY BEHALF. LESS
INSURED'S ETTERMENT =
SIGNATURE DATE tpulyl- All/'
RIOR DAMAGE
STATE FAZ CLAIM 333 Civic Drive, Pleasant Hill, CA DEDUCTIBLE 0.00
REPRESENTATIVE Ox 4ul
REPAIR SHOP: RETUR IS ORIGINAL FOR PAYMENTpp CLAI
�Of1C0� , CA 94524 TOTAL DEDUCTIONS
SERVICE OFFICE AT,jU ) COMPANY TO PAYS l
SEE REVERSE FOR STATE FARM'S ICU? 0#i ,AAGE�LAIM POLICY 1OWNER TO PAY j
7 4
I..II.... STATE FARM INSURANCE FILE COPY l�53S� ~ J A � Pal. Div. 4
NOT NEGOT1ABlE ' 2-i'�I'� 1 0 2 16 9 980 N
NORTHERN CALIFORNIA OFFICE )
ROHNERT PARK. CALIFORNIA 41426
u
CLAIM NUMBER+6 ��
,� _ NOS. 4:3,303 4,39 4,39 3s NO. DATE 31,.11-%JAL
-}- PAY TO THE
ORDER OF -o �y
P.O. Box 5530
wa-331-4 Creek, CA 776
THE SLIM OF mR'PTr n?m Aim 241100-- — — — — — ---=l!)OLLARS$ 92_24
COVERAGE 104 FAYMINT OF LOSS WNKN OCCURRID AROUT
(DATI Of ACCGDINT)
ild -� dlt I �-.+� INSURED_ 7XIA1t._AT.Trm f�-
DRAWN ON COMPAN RK D X
STATE FARM MUTUAL AUTO INS.CO. t
STATE FARM Fitt AND CASUALTY CO. CtNR
�
w0AMESI[WAT
STATE FARM GENERAL INS.CO. ' I
Si.TR
10 cow G tM
STATE FARM COUNTY MUTUAL a I J /
INS.CO.OF TEXAS ttt �-
APPROVED BY
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7877 Tin., NoporK OKLAHOMA Crary NOTICE TO CONSUMER' PLEASE READ IMPORTANT
C 0 x z > x —4 ACCOUNTING INFORMATION ON THE BACK
T.v
9,
ANDERSON OLDSMOBILE-GMC TIh1E
1 2100 N. Main Street P.O. Box 5530 Phone (415) 937-5060 .
WALNUT CREEK, CALIFORNIA 94596 r�
FIOL --DSMOBILE
DATE
TRUCKS 1
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ATTENTION : R,0 . ;#
CLAIM N0. /,� �//7/ /i�/� POLICY N 0. LIC # :
(�,_._., /C j • 'Z.-` yTOTAL LABOR HOURS Y, @
TOTAL PARTS $ -11:7z)
e-&,�Zj,� SUBLET LABOR $ /;-/w /� J
OIL & GREASE $ 0
PAINT MATERIALS $
Cl,
TOTAL $_&y_�'.1�,
LESS : DEDUCTIBLE $
TOTAL AMOUNT UE $ 191
i
COPY OF ESTIMATES ) ENCLOSED
PLEASE MAKE CHECKS PAYABLE TO : ANDERSON OLDS-GMC ^-
INSURANCE BILLING PREPARED BY : ��
r.
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT January 22, 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: Tamara Thomas
Attorney: Gail Brewster Hardy conty CCJUI,4,E
Hardy and Hardy
Address: 4530 Market Street ��f� 2 1385,
Oakland, CA 94608
Amount: $200,000.00 By delivery to clerk on Martinez, CA 94553
Date Received: December 21, 1984 By mail, postmarked on December 20, 1984
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: Dec. 21, 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: i '7 - c 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
(�Q This claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
Dated: ;z_,g, YDS'"PHIL BATCHELOR, Clerk, By Q_�- " , 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 Boards 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: �,� /f'�'.5J PHIL BATCHELOR, Clerk, By , Deputy Clerk
cc: County Administrator (2) County Counsel (1) '5D
CLAIM
/ ^ ^
SEND NOTICES RE CLAIM TO:
�
2 GAIL BREWSTER HARDY ECEIVED
LAW OFFICES OF HARDY & HARDY
3 4530 MARKET STREET DEj x110
OAKLAND, CALIFORNIA 94608
4 TELEPHONE: (415) 655-9395
5 ATTORNEY FOR CLAIMANT
6
7
CLAIM AGAINST CONTRA COSTA COUNTY
8
PURSUANT TO GOVERNMENT CODE SECTION 910, ET. SEQ.
9
10
11 1. CLAIMANT:
12 TAMARA THOMAS
3014 ALTA MIRA
RICHMOND, CA 94804
TELEPHONE: (415) 222-4652
14
15 2. DATE AND TIME OF INJURY/DAMAGE :
16 SEPTEMBER 23, 1984, 0130 HOURS (APPROXIMATE)
17
3. LOCATION OF OCCURRENCE:
18
3014 ALTA MIRA
19 RICHMOND, CALIFORNIA
3@
4. CIRCUMSTANCES OF OCCURENCE:
21
On the aforementioned date and time, Claimant' s mother,
22 Deborah Thomas, was arrested by Deputy Sheriff Frank Battles
in Claimant' s and claimants mother' s home. Claimant was
23 frightened and upset at the way the Deputy treated his mother
and because she (claimant) did not know why the Deputy sheriff
24 was handcuffing and dragging his mother out of the house.
Claimant ran outside after her mother was taken and observed
25 that her mother had been placed into the police car. Claimant
who was crying at the time observed that the deputy sheriff
26 was walking back towards the house. As the Deputy approached
Claimant, she asked him was he (the deputy) arresting her
27 mother and why. Deputy Sheriff Battles without a word, pushed
28 claimant out of the way. The shove was so forceful, it caused
^_. .
claimant to fall to the ground. Claimant was in her bed clothe-
.-1 with no shoes on. When she fell, she scraped and cut her foot
on some gravel in the driveway suffering a bruise and soreness
2 up to a few days thereafter. Claimant pot up from the ground
and went inside her house. Once inside, Claimant heard the
3 Deputy use profanity freely in referring to her mother. Such
profanity has never been used in front of Claimant by her
4 mother. Claimant did not see her mother again until later on
that morning.
5
6 5. DESCRIPTION OF LOSS, DAMAGE OR INJURY:
7 Assault, Battery, intentional and Negligent Infliction of
Emotional Distress, Negligence.
8
9 E. NAMES OF COUN`Y EMPLOYEES CAUSEINO LOSS, DAMAGE OR INJURY:
10 Deputy Sheriff Frank Battles.
11
7. AMOUNT CLAIMED: $200, 000.
12
13 8. ADDITIONAL INFORMPTION:
14 Claimant has no prior police contact or arrest record. As
a result of the incident, claimant has been under the care
15 of a doctor/therapist for psychological injuries sustained
as a result of the entire incident involving herself and her
16 mother.
17
18 9, NAMES AND ADDRESSES OF WITNESSES.
19 Timothy Rhiney, 3014 Alta Mira, Richmone, CA 94804.
20 Curtis Derry, 1 104 Minor Drive, Sax, Pablo, CA 94806.
21 Delores Thomas, 3014 Alta Mira, Richmond, CA 94804.
22 Tamara Thomas, 3014 Alta Mira, Richmond, CA 94804.
23 Dr. J. Fallenb+-un, Rockridge Health Centers Albany, CA.
24 DATED: December 19, 1984
25 Aa /rio
26 GAIL BREWSTER HARDY
27 Attorney for Claimant
DEBORAH THOMAS
28
5
�-.
0
APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT January 22, 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: Matsutani, Pamela Ray, Joe and Tobie (Minor) COUPty Counsel
Attorney: Allan H. Lerch JAN 0 2 1585
Lerch, Harrington & Associates
Address: 465 .California St. , Suite 400 Martinez, CP 54513
San Francisco, CA 94104
Amount: $10,000,000.00 By delivery to Clerk on December 21, 1984
Date Received: Dec.21, 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. 21, 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 "en Application to File Late Claim (Section 911.6).
DATED: ;' ' "� — VICTOR WESTMAN, County Counsel, By Y,2S Deputy
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted .(Section 911.6).
(x This Application to File Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
DATE: If A:i PHIL BATCHELOR, Clerk, By_D _ Deputy
47
WARNING (Gov. Code §911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such
petition must be filed with the court within six (6) months from the date your application
for leave to present a late claim was denied.
You may seek the advise of any attorney of your choice in connection with this
matter. If you want to consult an attorney, u should do so immediately.
IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Board's copy of this Claim in accordance with Section
29703.
DATED: PHIL BATCHELOR, Clerk, By Deputy
V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: 1, /V5 County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM
A"
1 ALLAN H. LERCH, ESQ.
LERCH, HARRINGTON & ASSOCIATES' �"� �
2 465 California Street RE%,r.,' r,eJr,�lD
3 Suite 400 YY .jam
San Francisco, CA 94104
4 Telephone : (415) 397-5757 DEC `Z� 1984
PNIL UATCN Ld
5 Attorneys for Plaintiff nKaoAgcaa�iWp
av�eORs
6
7
8
9
10 In the Matter of the Proposed )
i
APPLICATION FOR LEAVE
i 11 Claim of PAMELA RAY MATSUTANI , JOE ) TO PRESENT LATE CLAIM
12 MATSUTANI, TOBIE MATSUTANI [date ) ON BEHALF OF CLAIMANTS
of birth October 28 , 19841 ) PAMELA RAY MATSUTANI , JOE
13 a minor, against CONTRA COSTA ) MATSUTANI, TOBIE
COUNTY HOSPITAL, CONTRA COSTA ) MATSUTANI (date of birth
14 COUNTY MEDICAL SERVICES, BOARD OF ) October 28, 1984) ,
SUPERVISORS, CONTRA COSTA COUNTY ) A MINOR)
15 )
16 TO: BOARD OF SUPERVISORS , COUNTY OF CONTRA COSTA, MARTINEZ ,
}
17 CALIFORNIA
18
1 . A Notice of Claim Against a Public Entity on behalf of
19 the above-named claimants was received by J. R. OLSSON, Clerk of
20 the, Board of Supervisors, Contra Costa County, HELEN MARINO,
21 Deputy, on June 18 , 1984 . A copy of this claim is incorporated
22
herein, attached hereto, and labeled Exhibit "A" . This claim was
23 filed within one hundred (100) days of the accrual of this cause
i
24 of action. In response to this claim, the Board of Supervisors
25 sent a form notice to my office, dated June 21 , 1984 , (a copy of
e 26 which is attached hereto and marked Exhibit "B") informing me
27
3 that the claim was allegedly not presented within the time
28
I allowed by law and therefore "no action was taken on the cD ;im" .
s
4 5q b III
1 This response, although predictable, indicates that the
2 individual in charge of this file either did not read or clearly
3 misunderstood that the initial claim was timely since it was
4 filed within one hundred (100) days of the accrual of this cause
5 of action. Nonetheless, given the vagaries of the public entity
6 claim provisions of the Government Code, this application for
7 leave to present a late claim is filed.
8 2 . Application is hereby made for leave to present a late
9 claim under Government Code §911 . 4 . This claim is founded on a
10 cause of action for medical negligence, which resulted from an
11 occurrence that took place on or about December 1981 , but not
12 discovered until March 13 , 1984 . At all times between December
13 of 1981 and March 13 , 1984 , plaintiffs were fraudulently deceived
14 and defendants intentionally concealed from plaintiffs that the
15 postpartum tubal ligation performed upon Mrs. MATSUTANI was
16 improperly done and/or even 'if properly performed would not
17 necessarily be an absolute guarantee of sterility. This cause of
18 action did not accrue (pursuant to Government Code. §901) until
19 claimants knew that in fact PAMELA RAY MATSUTANI was pregnant
20 (March 13 , 1984) . Until that time, claimant could not have known
21 of the injuries and/or their potential damage as a result of the
22 medical negligence in question herein. See Whitfield v. Roth
23 (1974) 10 Cal. 3d 874 , Wozniak v. Peninsula Hospital (1969) 1
24 C.A. 3d 716 . It is to be noted that a claim was in fact presented
25 within one hundred (100) days of the accrual of this cause of
26 action as provided by Government Code . For additional
27 circumstances relating to the cause of action, reference is made
28 to the claim attacheI hereto, incorporated as a part of this
a
1 application and marked Exhibit "A" .
2 WHEREFORE, it is respectfully requested that this
3 application be granted and that the attached proposed claim be
4 received and acted upon.
5 DATED: December 21 , 1964
6 LERCHMHAIN & ASSOCIATES
78
BY
9 ALLAN H. LERCH
10 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM
11 Government Code §911 . 2:
12 "A claim relating to a cause of action for
13 death or for injuries to person or to
personal property . . shall be
14 presented . .. . not later than the 20th day
after the accrual of the cause of action. "
15 Government Code §911 . 4 :
16 " (a) When a claim that is required by
17 section 911 . 2 to be presented not later than
the 100th day after the accrual of the cause
18 of action is not presented within such time,
a written application may be made to the
19 public entity for leave to present such
claim.
20 (b) The application shall be presented to
21 the public entity . . . within a reasonable
time not to exceed one year after the accrual
22 of the cause of action and should state the
reason for the delay in presenting the
23 claim. "
24 Government Code §911 . 6 :
25 " (b) The board SHALL grant the application
26 where: (1) The failure to present the claim
was through mistake, inadvertence, surprise
27 or excusable neglect and the public entity
was not prejudiced by the failure to present
28 the claim within the time specified in
section 911 . 2; or (2) THE PERSON WHO
-3- SL
I SUSTAINED THE ALLEGED INJURY, DAMAGE OR LOSS
_. __. 2 WAS A MINOR DURING ALL OF THE TIME SPECIFIED
IN SECTION 911 . 2 FOR THE PRESENTATION OF THE
3 CLAIM; or (3) The person who sustained the
alleged . injury, damage or loss was physically
4 or mentally incapacitated during all of the
time specified in section 911 . 2 for the
5 presentation of the claim and by reason of
such disability failed to present a claim
6 during such time; "
7 §946 . 6 of the Government Code is remedial in nature and
8 therefore should be liberally construed in favor of the
9 petitioner. Viles v. State of California (1967) 66 Cal. 2d 24 .
10 In its enactment of Division 3 . 6 of the Government Code, the
11 legislative intent not to require strict adherence to inflexible
12 time limitations is manifested by its providing both
13 administrative and judicial remedies for persons under a dis-
14 ability, minority, or those who are excusably neglectful and thus
15 fail to comply with the 100 day limitations of Government Code
16 §911 . 2 . Tammen v. County of San Diego (1967) 66 Cal. 2d 468 , 479 .
17 In view of the policy of law toward a liberal construction of
18 these remedial statutes, the judicial trend has been in favor of
19 granting relief unless absolutely forbidden by statute. Tammen,
20 supra, at 480 .
21 Although the claim provisions of the California Tort Claims
22 Act apply to minors, they apply with ever greater liberality
23 since under the provisions of §911 .4 and §911 . 6 , an application
24 for leave to present a late claim made by one who has been a
25 minor throughout the entire 100 day claim period MUST be granted
26 by the Board. Tammen v. County of San Diego (1967) 66 Cal. 2d
27 468 , 479-480; Hom v. Chico Unified School District (1967) 254
28 C.A. 2d 335 , 338-339 . Whitfield v. Roth (1974) 10 Cal. 3d 874 .
-4- ��
1 The presentation of petitioner ' s application for leave to
2 present a late claim is certainly timely and complies with the
3 letter and spirit of Division 3 . 6 of the Government Code. §901
4 of the Government Code provides that for purposes of computing
5 time limitations prescribed by the sections above mentioned:
6 "The date of accrual of a cause of action to
7 which a claim relates is the date upon which
the cause of action would be deemed to have
8 accrued within the meaning of the statute of
limitations which would be applicable thereto
9 if there were no requirement that a claim be
presented to and be acted upon by the public
10 entity before an action could be commenced
thereon. "
11 As the court stated in Wozniak v. Peninsula Hospital , (1969)
12 1 C.A. 3d 716 , 722 :
13 "In a suit for malpractice, the statute of
limitations commences to run when the plain-
14 tiff discovers the injury and its negligent
cause or through the exercise of reasonable
15 diligence should have discovered it. "
(Emphasis added)
16 The Wozniak court went on to observe at page 725 that:
17 "The question of when there has been a be-
18 lated discovery of a cause of action,
especially in malpractice cases, is essen-
19 tially a question of fact. The facts and
circumstances of the medical treatment
20 rendered a patient are within the exclusive
knowledge of the hospital and the attending
21 physicians . It is difficult to understand
how an injured person could discover the
22 cause of the injury until he has obtained
that information. "
23 It is clear from the facts of this case that neither the
24 petitioners .(claimants) nor any of their legal representatives
25 had any knowledge of "the injury and its negligent cause" until
26 March 13 , 1984 , at which time petitioner PAMELA RAY MATSUTANI
27 discovered that she in fact was pregnant. Only afte,, this
28 knowledge was made available to her were claimants ald
-5- , ,I
a
1 petitioners ' representatives able to assimilate enough
2 information to discover the misconduct and culpability of the
3 agents , servants , and/or employees of CONTRA COSTA COUNTY
4 HOSPITAL, CONTRA COSTA COUNTY MEDICAL SERVICES.
5 It is also respectfully submitted that in the instant case
6 neither CONTRA COSTA COUNTY HOSPITAL nor CONTRA COSTA COUNTY
7 MEDICAL SERVICES were, or will be, in any way prejudiced by
8 petitioner' s (claimant' s) failure to present their claim within
9 100 days of the accrual of said cause of action, if in fact, by
10 some contorted stretch of one ' s imagination, that it be deemed
11 that a claim was not in fact filed within one hundred (100) days
12 of the accrual herein.
13 DATED: December 21 , 1984
14 LERCH, HARAINGTb& & ASSOCIATES
15
16 BY
17 ALLAN H. LERCH
18 DECLARATION OF ALLAN H. LERCH
19 I , ALLAN H. LERCH, declare under penalty of perjury that the
20 following is true and correct:
21 I am an attorney at law duly licensed to practice in all of
22 the courts of the State of California and I am the attorney for
23 claimants in this action. I have been retained to prosecute an
24 action for medical negligence against, among others, those
25 persons and/or agencies named in the attached claim. This actio
26 arises• out of a postpartum tubal ligation performed at the CONTRA
27 COSTA COUNTY HOSPITAL on December 18 , 1981 . Prior to this
28 surgery, claimzts PAMELA and RAY MATSUTANI were advised that
I
l
1 this postpartum tubal ligation in question would guarantee
2 the sterility of Mrs . MATSUTANI . After the completion of this
3 tubal ligation, claimants were informed that the operation went
4 well and was totally successful. Said claimants were not aware
5 of "an injury and its negligent cause" until March 13 , 1984 , at
6 which time claimant PAMELA MATSUTANI was informed that she was
pregnant. Clearly, the physicians involved and the CONTRA COSTA
8 COUNTY HOSPITAL and HEALTH SERVICES intentionally concealed and
9 fraudulently withheld information from the MATSUTANIs that the
10 tubal ligation in question was either not a total guarantee of
11 sterility and/or that the surgery in question was improperly
: 12 performed. A claim was filed against the CONTRA COSTA COUNTY
13 HOSPITAL, the CONTRA COSTA COUNTY MEDICAL SERVICES, and the BOARD
14 OF SUPERVISORS OF CONTRA COSTA COUNTY on June 18 , 1984 , within
15 one hundred (100) days of the date of notification of Mrs .
16 MATSUTANI ' s pregnancy. Through a bizarre and contorted reading
17 of this claim (Exhibit "A") the BOARD OF SUPERVISORS purportedly
18 believed that the claim was untimely filed and thus "no action
19 was taken on the claim" . It is for that reason that this leave
20 to present a late claim is filed.
21 Even if it is somehow construed that the initial claim was
22 not filed in a timely manner, none of the entities mentioned in
23 the claim, nor any of its governing bodies can, in any way, be
24 prejudiced because of claimants ' alleged failure to file their
25 initial underlying claim within one hundred (100) days of its
26 accrual.
27 In the interest of justice and in the pursuance of the
28 provisions set forth by the Government Code as aforementioned,
-7- 60
1 this application for leave to present a late claim must be
2 granted.
3 DATED : December 21 , 1984
4 LERCH HA GTON & ASSOCIATES
5
6 BY
7 ALLAN H. ERCH
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-8- r
w^ I
1 DECLARATION OF PERSONAL SERVICE
2 I declare that I am employed in the City and County of Sane
3 Francisco, California.
4 I am over the age of eighteen years and not a party to the
5 within entitled cause; my business address is 465 California
6 Street, Suite 400, San Francisco, California 94104 .
7 On December 21 , 1984 , I caused to be served the attached
8 Application for Leave to Present Late Claim on Behalf of
9 Claimants Pamela Ray Matsutani, Joe Matsutani, Tobie Matsutani
10 (date of birth October 28, 1984) , a minor on the opposing counsel
11 in said cause by placing a true copy thereof enclosed in a sealed
12 envelope and causing it to be personally delivered as follows :
13 The Board of Supervisors
14 County of Contra Costa
651 Pine Street
15 Room 106
Martinez , California
16 I declare under penalty of perjury that the foregoing is
17 true and correct, and that this declaration was executed
18 December 21, 1984 at San Francisco, California.
19
20
21 CHARLENE WINNER
22
23
24
25
26
27
28
NOTICE OF CLAIM AGAINST PUBLIC ENTITY AND/OR
HOSPITAL DISTRICT 'PURSUANT' TO DIVI51uLv i'.'6 OF
THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA
1 .. TO: Administrator, Contra Costa County Hospital '
Contra Costa County Medical Services
Martinez , California
The Board of Supervisors
County of Contra Costa -,
Martinez, California R E C %, ,V
Edwin 0. Carlson, M.D.
2600 Park Avenue SFr
Concord, California
1. 2. OL SSON
CLEM BOt.RD OF SUPERVISORS
CONTRA COSTA CO.
2 . CLAIMANT' S NAME: Pamela Ray Matsutani R Depu'y
Joe Matsutani (her husband)
3 . CLAIMANT° S ADDRESS: 140 Evening Star Court
Pittsburg, CA 94565
4 . AMOUNT OF CLAIM: $10, 000, 000. 00
5. ADDRESS TO WHICH
NOTICES ARE TO BE SENT: Lerch, Harrington & Associates
465 California Street, Suite 400
San Francisco, CA 94104
6 . DATE OF OCCURRENCE: December of 1981
7. DATE OF DISCOVERY: March 13, 1984
8. PLACE OF OCCURRENCE: Contra Costa County Hospital
Martinez , California
f:
9 . HOW DID INCIDENT OCCUR; - Claimant Pamela Ray Matsutani was
admitted to the afore-mentioned
i.
hospital in December of 1981 for the birth of her child (born on
December 17, 1981) . Both claimants desired no further children after
i the birth of this child and they requested that a tubal ligation be
performed on Mrs. Matsutani. Edwin Carlson, M.D. purportedly per-
formed this surgery and explained to claimants that he had taken out
approximately IZ" of Fallopian tube and "burned them" on each side.
Both claimant' '; were assured that by virtue of this tubal ligation, it
EXHIBIT
b
would be impossible for Mrs. Matsutani to conceive again. In the
early part of March, 1984 , Mrs. Matsutani developed a queasy stomach
and flu-like symptoms. By March 13, 1984, the symptoms had not
abated and she went to her treating physician, Dr. J. D. Kim in
Pittsburg, for an examination. Based upon the results of the
examination taken on March 13, 1984 , claimants realized, for the
first time, that she in fact was pregnant again. Prior to this time,
she had absolutely no idea that she could have been pregnant since
she was told by Dr. Carlson and other agents, servants and/or
employees of Contra Costa County Hospital that, by virtue of the
tubal ligation earlier performed, it would have been impossible for
her to conceive again.
10. ITEMIZATION OF CLAIM; . "Wrongful birth" obligating claimants
to pay for child rearing including, but
not necessarily limited to, medical expenses, educational expenses,
etc. , negligent infliction of emotional distress, pain, suffering,
mental and emotional distress, general damages.
DATED: June 14, 1984
LERCH ON & ASSOCIATES
BY
ALLAN H. L CH
Janm
Obson
he. Board ®f Supervisors tri County lerkan
F County Cleric and
Eu Officio Clerk of the Board
ounty Administration Building Costa 114m.GChief CClerklerktna Russell
Chi
.O. BOX 911 �� (415)372-2371
artinez, California 94553
nty
m Powers,1st District
incy C.Fanden,2nd District
pert I.Schroder,3rd District
,:nne Wright McPeah,4th District
,am Tortakson,5th District
June 21, 1984
i
Zn. �: Lerch, Harrington & Associates
465 California St. , Suite 400
San Francisco, CA 94104
NOTICE TO CLAD
((Sf Late- I:9i�aa ml )
(Government Cole Section 911.3)
(x)r The claim you presented to the Board of Supervisors of
Contra Costa County, California, as governing body of the
X County of Contra Costa
and/or
District,
on June 21 , 1984 is being returned to you herewith
because it was not presented within 100 days after the event or
wa,ulrat a\.c as rZyZiii.cv 6.iy 1QYIo (Jtfi: JCti 1.1.6 is 901 W1U 702 of-
the Government Code.) Because the claim was not presented
within the time allowed by law, no action was taken on the
claim.
i
V
Your only recourse at this time is to apply without delay
to the Hoard of Supervisors (in its capacity noted above) for
leave to present a late claim. (See Sections 911.4 to 912.2,
inclusive, and Section 946.6 of the Government Code.) Under
some circumstances, leave to present a late blain will be
granted. (See Section 911.6 of the Government Code,)
You may seek the advice of an attorney of your choice in
connection with this matter. If you desire to consult an attor-
ney, you should do so immediately.
i
TO HE PILLED IN BY THE C= OF ME BARD ONLY IF APPLICABLE.
( ) ' Since a portion of your claim is not untimely, we are -
retaining a copy of your claim for Board action on that portion
of your claim which is not untimely.
J. R OLSSON, County Clerk
By.
De ty Clerk
Date. June 21 , 1984
JLM 2 2 1984