HomeMy WebLinkAboutMINUTES - 12021986 - 1.32 AMENDED
f CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT D e c ems 2 , 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $30. 00 Section 913 and 915.4. Please not all "WARNINGS".
CLAIMANT: JAMES THOMAS COACHMAN T-312 County Counsel
D-42098
ATTORNEY: P. O. BOX 2000 NOV 1 196
Vacaville, CA 95696-2000 Date received
ADDRESS: BY DELIVERY TO CLERK ON November 14,Mh886e2, CA 94553
BY MAIL POSTMARKED: November 12 , 1986
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. O
IL ATCHELOR, Clerk Cd
DATED: November 18 , 1936 Ed: eputy
L. Hall
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
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 910.6).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other;
Dated; ��.(� �����p�� BY:� ty County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER; By unanimous vote of the 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. p
Dated: DEC 2 1986 PHIL BATCHELOR, Clerk, By lc�'�
Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date 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.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: DEC 4 1986 BY: PHIL BATCHELOR by ,� •�iV��c/,
----Deputy Clerk
CC: County Counsel County Administrator
RECEIVED
vc'(-�Lfj'Q C
W', l8 P BUP V /
SAN AS
ly
Qct Go�
� rvws i cooc o�n
UcLca u t r c
.CLZZ'M TO: BOARD OF SUPERVISORS OF CONTRA CO§* Oappiicationto•
Instructions to ClaimantVerk of the Board
.O.Box 911
Martinez,California 94553
A. Claims relating to causes *of action for death or for injury to .
person or to personal, pr9peFtyn,Qr growing crops must be presented
not later than the `i00th 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 Iilea .with the -Clerk 'ofi the Board of Supervisors ,
at" ift `off ice" in�'Room 106, County Adkinistration Buildingl, 651 Pine
Street, Martinez, California 94553.
C..... �f .claim is against a district governed by the Board ofJSupervisors,
1" rather than the Cgunty,- the name of the�)District-- shouldr be -fulled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity. .
1 .J J
E. Fraud. See penalty for fraudulent claims, Penal Codee Se2. -7-1lat end
obis form. (r o n•
•,e**�**�*t*�r�at*+*+►+►*tt+r**�:r,�*t**�et�***t**tw�r*�t**�*tw�R*w*:******f+t*trt
RE: Claim by )Reserved for Clerk's filing stamps
.Tamps Thomas Coachman )
9,�1 *rt. Street 144 rtinez. Ca. 9L 553 ) [RECEIVED,,Aga.Anst the COUNTY OF CONTRA -COSTA) A�or , 1 ; .DISTRICT) TF1 n name The undersigned claimant hereby makes claim agst the County of Contra
Costa or the above-named District in the sum of $ t3o_0o
and in support of this claim represents as follows:
�----------- ----------- T------------ T---------------------- ----
1. When did the damage or 1n�ury occur? 7Give exact date and hour]
09-15-86 at approx 1300 hrs.
�:- wfiere did the daunage or �n3ury occur? ?Include city and countyS
C. C. C3. Detention Facility, A:artinez.� California. 94553
3. How did the damage or �n�ury occur? Give dull details, use extra
sheets if required) Property was not properly tagged on arrival to facility
-------------"r---------------T--T----------..........---------T--- -----
4. What particular act or omission on the part of county or district
officers, servants or employees caused the injury or damage?
Negligence in not putting my name on property
(over)
S. What are the, names of county or district officers, -servants or
employees causiruj the damage or injury?_
f Unk at this time ( Intake staff on duty on 09.-15.-86)
l -
�:"w�iat$amags or in3uzies c10 yotcMaim:
j 3a2_
CLAIM
BOARD- OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 2 , 1986
and Board Action. All Section references are to The copy of this document mailed to you is your notice of
California Government Godes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $1, 092. 59 Section 913 and 915.4. Please not all "WARNINGS".
CLAIMANT: CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BURS%�my Counsel
2055 Meridian Park Blvd. «UV U 7
ATTORNEY: Concord, CA 94520 1986
Date receivedCfttBZ CA'f
ADDRESS: BY DELIVERY TO CLERK ON November 5 , 1§g 945-53
BY MAIL POSTMARKED: November 4, 1986
Certified P 124 061 515
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
IL gATCHELOR, Clerk
DATED: November 6 , 1986 Oil Deputy
L. Hall
1I. FROM: County Counsel TO: Clerk of the Board of Supervisors
(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. The 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: /► CJ�C�—�c� _ / &D BY. �puty County Counsel
61
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned.as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
(x) This Claim is rejected in full.
( ) Other:
I certify.that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: DEC 2 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date 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.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today i deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: pEC_4 1986 BY: PHIL BATCHELOR by__i!� ' Deputy Clerk
CC: County Counsel County Administrator
1 1 .
) 1
Claim For Damages
In accordance with Section 910 of the California Government Code, this is to formally place you on
notice of our subro a ss described below.
RECEIVEDDate: November 3 i9 86
i�0� 1966
4 Concord California
• A R8
1" A V y
Claim is hereby made and filed against the Contra Costa County Administrator
as follows:
Name of Claimant:
California State Automobile Association Inter-Insurance Bureau
Address of Claimant:
(Send notices to this address) 2055 Meridian Park Blvd. Concord, California 94520
Date of Occurrence:
August 11, 1986
Place of Occurrence:
Martinez Court House Parking Lot, Martinez, Contra Costa
Nature and Amount of Damages
Right front damage to Insured's vehicle, $1092.59
Items Making up said Amount:
- Front bumper, grill, right fender, side lamp and moldings
Name of Public Employee(s)
causing said Damage(if known): Earl Perry
Facts & Details:
On August 11, 1986 at approximately 10:00 AM in Martinez, California, our
Insured was driving down an isle way in the Martinez Court House Parking Lot
when Earl Perry backed out of a parking space and struck our Insureds vehicle.
Damage to Public Employee's vehicle is unknown. Your driver did not yield to
our driver's right of roadway.
California Sta A o bile ssociation
nsur
Inter-Ic rea
By:
F1688 (REV.5.78)
,����. C��� assignment of claim and
. subrogation agreement .
In consideration of the payment to the undersigned of ® the sum of $1092.59
❑ a sum estimated to be
One Thousand Ninty Two 59/100------------------------------------------------------
Dollars, being the full amount of loss and damage insured against under an automobile insurance policy, number
O1–V830210 issued to the undersigned by the CALIFORNIA STATE AUTOMOBILE ASSOCIATION
INTER-INSURANCE BUREAU, said loss and damage having occurred on or about the 11th day of
August 19 86 the said undersigned hereby assigns and transfers to said Bureau CSAA
said claim in the above amount plus any additional claim for damage resulting from said accident, not
covered under said policy of insurance, in the amount of$ 0 constituting ❑ a total claim
® a total estimated
in the amount of $$1092.59
Said Bureau is hereby subrogated in his 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 his 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 he has not released or discharged any such claim or demand against
such party or parties and that he will furnish to said Bureau any and all papers and information in his
possession, necessary for the proper prosecution of such claim.
Dated at--�—=F this ay of
1
WITNESS
F1433 IREV.7-771
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NCE CARRIER,: JADJUS11MLOCATFM AT
O P E R A T I'O NS o- PARTS LABOR
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INSURED PAY$S CO PAYS R O IJp T O T A t 6 t r
INS.CHECRPAYABLETO=
The above is an eatRrlete�based on Ors klspectiion aad iwt apxer P>y+ta 9r 1!1'�whichA i �s TAX 4- ,s t
rtwY.;he required after theiwork has beel+cPenad uix t3 + Kas st"tt6dc4waeii; a'
broken or damaged parte aro�scovered which are tbt evtdeht�i' orapectlon Quotefana orti � :: �+ _, `" � - } `'�
perta erd IabOr arBtCla tent errd aubleM t0 Change r t S Sx „f-yF u a x' x.
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EST.MADE 8Y'- - = `' °�` •'2� y � J f S T I M A T f � �'
AUTHORIZATION FOR REEAIR You we hereby authorized to uragke ih¢_ apeafied fe[�aus to the vehlde descrlbel harem
RE hill 'Jt ry t i ` ` f. 'nF T "e' er...J N -;"tW Y IJ` ✓•1J
SIGNED PATE
486118371ER•81)NOWK - -
ur40
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YEAR •O AWRE4 c a: F .. NIOIg '//'��Mll�i Vr" aP hit} ?+(
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'v XY76 G1E COIlAWAOMASN6M ,:.;'
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TRUNK/SPARE UEL CHARGE/ - =
5 EST FOR PERMISSION FOR PERSON OTH THAN R RTO DRIVE
WHL COVERS .,..'... JAI
I F«•r'•�'rsiNea mrn✓a..perm®m tq;allow ._:.,. _ c , . + t•t :. sn<1 ' +''q %
f 1 1 1Aee +OUT E (� N:;l! I! 1! olas ao.nq• bM:•l ... �� � y;s, aaaVALID UNLESSROY� : TO' BYONRJER'S REPRESENTATIVEPERMISSIONGRANTED;POR VEHICLE TO LEAVE.THE STATE, .i '-LESS.REFUNDA81E.,�r *u `'.r
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LICENSE NO.
t AUT}iOR11ID
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CONDITION OUT W A•[IFM6 tetra. c.•- id
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R.R:DR/FDR %. ..: EXTEND%,, - -'`. : ADDTL- _`^- DATE. Jwi. F.s FCNt REFUND !, A ,` 3
c RECEIPT
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COPY
CALIFORNIA STATE AUTOMOBILE ASSOCIATION
2055 MERIDIAN PARK. BLVD
CONCORD, CA 94520
(415) 671-9021
A2 LOG 737'9900 DATE 08/20/86
CLAIM# Ol/VS30210 POLICY# DRIVE
COMPANY AGENT LAURI
INSURED TIERNEY,DENNIS CLAIMANT
LOSS DATE 08-11-86 TYPE OF LOSS COL /D
YJS--i _'F7E (.w-1!;-36 -CCAT..�N
MUR''F:Y/MADE COMPANY
.rrC=' ='A i T A 7"T N OF
Lic # !LPT541 VIN 3HMAD7439FC031551
MILEAGE
.�
ONDITIGN ACCT 'NG CTL #
E=NEW FART EC=ECONOMY FART EU=SALVAGE PART E P=SEE PAL REPORT P=CHECK
I=REPAIR/ALISN/SUBLET L=REFINISH NAPADDITIONAL LABOR OPERATION
i
TE=FART%PARTIAL REPLACE ET=LABOR/FATIA`',,REPLACE IT=LABCR/PARTIAL REPAIR
AA=APPEARANCE ALLOWANCE RP=RE—A.' UF'=UNRELATED PRIOR DAMAGE
9 � 1"1xv,
1';85 HONDA ACCORD 4 DOOR SEDAN S'o - 2(�OF'TNS C/
-"
OP GDE AC DESCRIPTION MFr.r'''PART N0 . PRICE. Fid% HOURS R
c C0 5 BUMPER ,F;CNT 159148 1E.2 .0.5 1 .3 1
L C%U5 BUMPER ,FRONT REFINISH 2 .0 4
E >2lU MLDG,FRT Fw.L;R EXT RT 157409 35.3E .2 1
E 0 2 MLDG ,GRILLE LWR 157410 23.00 .7 1
5 GG2 LAMP ,SIDE MARk;.ER RT 156661 41 .58 . 1 1
E 1ti4 FENDEF. .FF*0NT RT 157?94 138 .56 2 .3 1
L 104 FENDER ,-FONT RT REFINISH 2 .3 4
7 TTEMC
FINAL CALCULATIONS & ENTRIES
GROSS PARTS 410.55
OTHER PARTS
PAINT MATERIAL
FARTS TOTAL 410.55
TAX ON FARTS & MATERIAL - -. _ ... _.. ..
LABOR RATE REPLACE HRS REPAIR HRS
1—SHEET METAL 4 .6 i 84 .+>c>
2—MEit-H/ELEC 40.00
3—FRAME 40 .00 ,
4—REFINI8H 40.00 4 .2 192 . 0 .
5—FAINT MATERIAL
14. 7u sT
LABOR TOTAL 376 .o(-)-
TAX ON LABOR
SUBLET RE9AI'Rs
YOWIw & STORAGE
GROSS TOTAL 726 .55
LESS : DEDUCTIBLE UNk'NOWN
NET TOTAL 786.55
'76-M
ADP # AUDATEX (A2) LOG 7279900 DATE 08/20/86 17 :55 :la 1. 0OW07
THIS IS NOT AN AUTHORIZATION BY C.S.A.A. FOR REPAIR. 99,x` -c
PRESENT THIS ESTIMATE TO THE REPAIR SHOE` BEFORE YOU AUTHORI-E REPAIRS .
T` ' 'L i.T E TO HE OP 1`40 1 — ^ ^ i _j Pc:'l `Nf_R'T
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OSP CHANGES MUST BE APPROVED BY C .S .A .A . BEFORE RE�'AIRS ARE STARTED .
--------------------------------------------------------------------------------
�m�a - S&P we a /tlo?roc. ePT
KIM
_ l`ttCrriis s,[ _r
Counsel /-3L
NOV 0 7 1986
BOARD OF SUPERVIISORSTOFNCONTRALCOSTA COUNTY, CALIFORNIA LATE CLAIM Martinez, CA 94553
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT
December 2 , 1986
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
(Ail 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: DYAN BAILEY, A MINOR, BY AND THROUGH HER PARENT AND GUARDIAN, BEVERLY
BAILEY
Attorney: c/o D.G. Jason Davis
Law Office of D.G. Jason Davis
Address: 405-14th St. , Suite 1500
Amount. Oakland, CA 94612 By delivery to Clerk on October 29 , 1986 hand del.
Unspecified
Date Received: October 29 , 1986 By mail, postmarked on no envelove
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: 10-30-86 PHIL BATCHELOR, Clerk, By ( Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
t4) 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: W6Lt� /7�/ VICTOR WESTMAN, County Counsel, By� ,
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: DEC 2 1986 PHIL BATCHELOR, Clerk, By 0y, � Deputy
WARNING (Gov. Code §911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such
petition must be filed with the court Within six (6) months from the date your application
for leave to present a late claim was denied.
You may seek the advise of any attorney of your choice in connection with this
matter. If you want to consult an attorney, u should do so immediately.
IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County A iris ra or
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-.—DE-0 4 1986 PHIL BATCHELOR, Clerk, By r— Deputy
V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By.
County Administrator, By
APPLICATION TO FILE LATE CLAIM
OFFICE OF
D. G. JASON DAVIS
FINANCIAL CENTER BLDG.
405 14th STREET, SUITE 1510
OAKLAND, CA 94612
D. 0. JASON DAVIS
ATTORNEY AT LAW
MICHAEL OEVIN TELEPHONE
ATTORNEY AT LAW October 23, 1986 (415)832.7000
1
Western Contra Costa County
Transit Authority ja � ;���V��
953 B San Pablo Avenue j
Pinole, CA 94564 1986
;
Attention: Transit Manager OCT Z 9,
► DAICHE(OR
Re: My client: Dyan Bailey, a minor E`co 1 °QSTAE SER D
aso
am
Date of acc. : October 31, 1985 Ito A-low. - i
Dear Mr. Serviss:
Further to our telephone conversation of October 23, 1986, I am
submitting for your action a proposed Claim for Damages and an
Application for Leave to Present Late Claim. The application is
based on the grounds that the claimant was and is a minor, and
the relief prayed for is mandatory by California law.
I am sending a copy of this letter to the attorney for the
Authority, as we discussed on the telephone, with a request that
the undersigned be notified immediately of the action taken by
the Authority on this matter.
I look forward to discussing this matter with you or your
attorney at any time.
Very truly yours,
. Jason Davis
Attorney at Law
JD:jo
cc: Carolyn Pacheco
Attorney at Law
50 Fullerton Court
Suite 207
Pinole, CA 94564
enc.
1 Law Office of D.G. Jason Davis
405 - 14th Street, Suite 1500
2 Oakland, CA 94612 n
(415) 832-7000
3 jv
Attorneys for Plaintiff (s)
4 sy
5 hf 96
TG�O7
6
7
8 Before the County of Contra Costa
9
10 In re the matter of Dyan Bailey, a minor, APPLICATION
by and through her parent and guardian, FOR LEAVE
11 Beverly Bailey; TO FILE LATE
CLAIM (Govt.
12 Code 911.4)
13
The undersigned declares as follows:
14
15 1. I am the attorney for Dyan Bailey, a minor, having been
16 retained on her behalf by her natural mother, Beverly Bailey,
17 to represent her interests in regard to a claim for damages for
18 injuries sustained on or about October 31, 1985.
19 2. Dyan Bailey is a minor, born December 14, 1968, and at all
times herein relevant is and has been a minor.
20
21 3. On or about October 31, 1985, Dyan Bailey was injured while
22 she was a passenger in a certain Dodge van owned by the western
23 Contra Costa County Transit Authority, operated under contract
to the Authority by a certain Community Transit Services, Inc. ,
24
25 a corporation, and being driven by an employee of Community
26 Transit Services, Inc. , a certain David Gralish.
27 4. The accident occurred when claimant was on her way to her
seat after having immediately prior to the accident paid her
28
fare to the driver. The driver started up too hastily, without
1
1 due caution for claimant's safety, as required of the driver
2 both by the heightened standard of care due to the driver 's
3 status as an operator of a common carrier for hire and also by
4 the ordinary standard of care required of drivers in gener,al•.
5 5. Plaintiff fell in the van as a result of the negligence of
6 the driver , as outlined above , and sustained injuries as
7 described in the attached proposed Claim filed- and served
8 herewith according to the provisions of Govt. Code 911.4.
9 6. It is requested that claimant be granted leave to file a
10 claim for damages as set forth in Govt . Code 911 . 2 ,
11 notwithstanding that more than one hundred days have elapsed
12 since the date of the accident. This request is made upon the
18 grounds that claimant was not made aware of the fact that the
14 owner of the vehicle in which she was a passenger was the
15 Western Contra Costa Transit Authority until subsequent to the
16 expiration of one hundred days after the incident. All
17 correspondence and communication with the operators of the van,
18 known to plaintiff by the name "Dial-a-Ride" at the time of the
19 incident, was referred to an insurance carrier, to wit: Arcal
20 Insurance, 1450 E. 17th St. , Santa Ana, California. At no time
21 prior to the expiration of the one hundred days did anyone
22 connected with the owners or operators, or those persons whom
23 claimant reasonably believed to be owners or operators of that
24 van transportation service known to her as "Dial-a-Ride" , or
25 their insurers, ever communicate. to claimant or her mother and
26 guardian, Beverly Bailey, that the owner of the van was the
27 public entity before whom this application is made.
28 7. I was not retained as claimant's attorney until after the
2
1 one hundred days had elapsed , and it was not until my
2 conversation with insurance adjusters revealed that the owner
3 of the van was a public entity that claimant is first
4 chargeable with notice of the public entity status of - the
5 Authority.
6 8. At any rate, claimant is and continues to be a minor, and
7 as a matter of law, the instant claim may not be denied. See
8 in this regard Government Code 911.4, and cases such as Hom v.
g Chico Unified School District (1967) 254 C.A.2d 335; Harvey v.
10 City of Holtville (1967) 252 C.A.2d 595. The relief granted is
11 mandatory according to California law, where, as here, the
12 application is made within a year of the incident.
13 9. The claimant herein requests that the Authority act on the
14 instant matter at its earliest opportunity, and claimant should
15 be granted leave to present the attached proposed claim for
16 damages before the Authority.
17 I declare under penalty of perjury according to the law of
18 the State of California, that the foregoing is true and
19 that this document was executed on October 23, 1986, at
Oakland, California.
20
LAW OFFICE OF D.G. JASON DAVIS
21
22
23
24
25
26
27
28
3
1 Law Office of D.G. Jason Davis
405 - 14th Street, Suite 1500
2 Oakland, CA 94612
(415) 832-7000
3
Attorneys for Plaintiff (s)
4
5
6
7
8 Before the County of Contra Costa
9
10 In re the matter of Dyan Bailey, a minor, CLAIM FOR
by and through her parent and guardian, DAMAGES
11 Beverly Bailey; (Government
Code 911.4)
12 /
13 The undersigned declares as follows:
14 1. I am the attorney for Dyan Bailey, a minor, having been
15 retained on her behalf by her natural mother, Beverly Bailey,
16 to represent her interests in regard to a claim for damages for
17 injuries sustained on or about October 31, 1985.
18 2. Dyan Bailey is a minor, born December 14, 1968, and at all
19 times herein relevant is and has been a minor .
20 3. On or about October 31, 1985, Dyan Bailey was injured while
21 she was a passenger in a certain Dodge van owned by the Western
22 Contra Costa County Transit Authority, operated under contract
23 to the Authority by a certain Community Transit Services, Inc. ,
24 a corporation, and being driven by an employee of Community
25 Transit Services, Inc. , a certain David Gralish.
26 4. The accident occurred when claimant was on her way to her
27 seat after having immediately prior to the accident paid her
28 fare to the driver. The driver started up too hastily, without
1
1 due caution for claimant 's safety, as required of the driver
2 both by the heightened standard of care due to the driver 's
3 status as an operator of a common- carrier for hire and also by
4 the ordinary standard of care required of drivers in general.
5 5. - Plaintiff fell in the van as a result of the negligence
6 of the driver, as outlined above, and sustained injuries to her
7 right knee, among other things. Medical documentation is
8 attached hereto and incorporated herein by reference.
9 6. The claimant herein requests that the Authority act on
10 the instant matter at its earliest opportunity, and claimant
11 should be granted the sum of two hundred fifty thousand dollars
12 ($250,000.00) for general damages and an amount unascertained
13 in full for medical and other special damages according to
14 proof.
15 I declare under penalty of perjury according to the law
16 of the State of California, that the foregoing is true and
17 that this document was executed on October 23, 1986, at
18 Oakland, California.
19 LAW OFFICE OF D.G. JASON DAVIS
20
21
22
23
CERTIFICATE OF PERSONAL SERVICE
24
The undersigned, at Oakland, California, certifies to be
25
true, under penalty of perjury:
26
27 That she is a citizen of the United States, is employed
in Alameda County, California, is over the age of eighteen
28
years and is not a party to the within action or proceeding.
2
' 1
That her business address is 405 14th Street, Suite 1510,
2
Oakland, California; telephone number being (415) 832-7000.
3
4 That she served a copy of the attached:
APPLICATION FOR LEAVE TO FILE LATE CLAIM and CLAIM FOR DAMAGES
5
6 by placing said copy sealed in an envelope
addressed as follows:
7
Western Contra Costa County Transit Authority
8 953 B San Pablo Avenue
Pinole, CA 94564
9
City of Pinole City of Hercules
10 City Clerk, City Hall City Clerk, City Hall
2131 Pear Street 555 Railroad Avenue
11 Pinole CA 94564 Hercules CA 94547
12 County of Contra Costa
Board of Supervisors
13 651 Pine Street
Martinez, CA 94553
14
15 and hand delivered on the date of execution of this
16 certificate. The date of execution of this certificate was
17
18 LAW OFFICE OF D.G. JASON DAVIS
19
2By'
0
M. Adams
21
22
23
24
25
26
27
28
3
1 '
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Dec-ember 2 1#986
and Board Action. All Section references are to The copy of this document mailed to you is your notice o
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $30, 000- 00 Section 913 and 915.4. Please not all "WiGin+ioy Counsel
CLAIMANT: RODOLFO GARCIA NOV 0.7 1986
c/o Steven L. Weiner, Esq. Martinez, CA 94553
ATTORNEY: 2821 Crow Canyon Road
Suite 102 Date received November 6 , 1986 CAO
ADDRESS: San Ramon, CA 94583 BY DELIVERY TO CLERK ON
BY MAIL POSTMARKED: no envelope
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
fid ��i' ✓�
IL gATCHELOR, Clerk
DATED: November 6, 1936 : Deputy
L. Hall
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
(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. The 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: &t—,c BY: �� . ounty Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
(X ) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
DEC 2 pass
Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the .date 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.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that 1 am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: D E C 4 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
d
. awo NOV - s 1986
RECEIJ
(400 1
CL OAR ATO UP
To: County of Contra Costa ey .. . .. .r. .. ..
Administrator' s Office
651 Pine St.
Martinez , CA 94553 Certified Mail # P 122 310 398
Law Offices of Steven L. Weiner hereby presents this claim to
the County of Contra Costa pursuant to Section 910 of the
California Government Code.
1 . The name and post office address of Claimant is: Mr.
Rodolfo Garcia; 709 Dolores Avenue; San Leandro; California.
2 . The post office address to which Mr . Rodolfo Garcia
desires notice of this claim to be sent is as follows: c/o
Steven L. Weiner, Esq. , 2821 Crow Canyon Road, Suite 102 ; San
Ramon, California 94583 .
3. On October 7 , 1986, Claimant received personal injuries
as a result of hitting a protruding manhole cover and going from
paved to gravel road on Tassajara Road in Danville , California.
Claimant also sustained property damage to his car.
4. Claimant suffered personal injury to wit :
Neck, back and multiple body parts.
5. So far as it is known to Steven L. Weiner at the date of
filing this Claim, Claimant Rudolfo Garcia has incurred damages
in excess of $30 ,000 .00.
6 . The names or names of the public employee or employees
responsible is/are unknown at the time of the presentation of the
Claim.
7 . At the time of presentation of this Claim, Claimant
Rudolfo Garcia claims damages according to proof.
Dated :. November 4 , 1986 LAW OFFI ES OF
STEVEN L. WEINER
BY: I �v ,
STEVEN L. WEINER
Attorney for Claimant
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 2 , 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $25 , 000. 00 Section 913 and 915.4. Please not all "WARNINGS".
CLAIMANT: TIMOTHY JAMES MITCHELL County Counsel
c/o Steven R. Jacobsen
ATTORNEY: Attorney At Law NOV 18 1986
436 14th St. , Ste. 1212 Date received �Mtart 1+,p
ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON Novemt7 ��eZi5t36�� and del .
BY MAIL POSTMARKED: no envelope
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: November 13, 1986 P BtlIL BATCepuVELOR, Clerk,. /
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
(>4.. 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. The 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: /UQlC.< i�S, /9�� BY:�GGv(�t� uty County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
XThis Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board' rder entered in its minutes for
this date.
Dated: DEC .2 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date 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.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: DEC 4 1986+ BY: PHIL BATCHELOR by / ✓Deputy Clerk
CC: County Counsel County Administrator
F �
AAM/
1 STEVEN R. JACOBSEN RECEIVED
Attorney at Law
2 436 - 14th Street
Suite 1212, Central Building
3 Oakland, CA 94612 (Yov 1956
(415) 465-1500 S%QPM.
PHIL BATCHELOR
RK OOFSVISORS
4 Attorney for Claimant CC ACS oa D"Uty
5
6
7
8 CLAIM AGAINST CONTRA COSTA COUNTY
9
10 To: The Board of Supervisors of Contra Costa County:
11 Timothy James Mitchell hereby makes claim against Contra
12 Costa County for the sum of $25,000. 00 , and makes the following
13 Statements in support of the claim:
14 1. Claimant' s post office address is : c/o Steven R.
15 Jacobsen , Attorney at Law, 436 - 14th Street , Suite 1212,
16 Oakland, CA 94612 .
17 2 . Notices concerning the claim should be sent to Steven R.
18 Jacobsen , Attorney at Law, 436 - 14th Street , Suite 1212,
19 Oakland , CA 94612 .
20 3• The date and place of the occurrence giving rise to this
21 claim are : August 21, 1986, Contra Costa County Detention
22 Facility, D Module , 1000 Ward Street , Martinez, CA.
23 4. The circumstances giving rise to this claim are as
24 follows : Claimant , an inmate at the detention facility, was
25 sitting at a metal desk in room Bl, the attached stool to which
26 had been bent in such a dangerous fashion as to cause claimant
27 to slip backward and down to the floor. As claimant grabbed for
28 the desk to stop his fall , he struck the desk with his hand ,
-1-
I breaking his thumb. He continued to fall backward , striking his
2 back .
3 5 . Claimant has suffered injury to his right hand in the
4 form of a broken thumb, for which treatment has been inadequate ,
5 resulting in pain , loss of strength and dexterity, and other
6 residual complications as yet unknown to claimant ; injury to his
7 back; and other injuries unknown to claimant at this time.
8 6. The names of the public employees causing claimant' s
9 injuries are unknown.
10 7. Claimant' s claim as of the date of this claim is in the
11 amount of $25,000. 00.
12 8. The basis of computation of this claim is as follows :
13 Medical expenses to date: Unknown
14 Future medical expenses: Unknown
15 Lost wages to date: 0. 00
16 Future lost wages: Unknown
17 General damages: $25,000. 00
18 Total claim: $251,000.00
19 Dated : November 7, 1986
20
21
STEVEN R. JACOBSEN
22 Attorney for Claimant
23
24
25
26
27
28
-2-
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 2 , 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: . 66 Section 913 and 915.4. Please not all "WARNINGS".
CLAIMANT:
WILLIE EARL BAKER County Counsel
901 Court Street f�UV
ATTORNEY: Martinez , CA 94553 7 1986
Date received November 5 , ��' �Zt �d$$�a
ADDRESS: BY DELIVERY TO CLERK ON
BY MAIL POSTMARKED: no postmark
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: November 5 , 1986 &pHHIL BATCHELOR, Clerk
BY: Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(� 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. The 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: /��(�- �c�, /c�(� BY:� Qty County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
(K) 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: DEC 2 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date 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.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: DEC .4
BY: PHIL BATCHELOR by e5g� Deputy Clerk
CC: County Counsel County Administrator
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CCWrRYappllcationto:
' Instructions to ClaimantC!erk of the Board
dr/.R.'7 e S,/y ,vio
Martinez,Califomla 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 r
action. Claims relating to any other cause of action must be
e<.sented 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
o this form.
•*�*,r*+e:«see,t**�****,►,rr�***�*�,te*•******.ie*t*::**:*�r*.***f***�:********��*
RE: Claim by )Reserve stamps
WILLIE EARL BAKER, ) RECEIVED
)
Against the COUNTY OF CONTRA COSTA)
140t'5� 1986
AT ELO
ur DISTRICT) a TPC ORS
Fill n name )
L.alE&
00"
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 66t
and in support of this claim represents as follows: _
l. When did the damage or Injury occur? Give exact date and hour]
October 11.1986 Time Unknown
___________.,_-___-____-_---_-__-___-_____----_ __-
2. Where did tie :damage or in3ury occur? (Include city and county
Contra Costa County
Detention Facility Contra Costa County
-+--.P .XJtJfL2LQ fQr33�a_4455.3--- ------------- ----- - - -------------
3. How did the damage or injury occur? (Give full detai3s, use extra
sheets if required) On or about October 11.1986 De p u ty: Briggs(21235) and Deputy
Elder,(41766)' illegaly-opened letbars that had United States Postage;:on:them. before-
letters mere processed byr-the Post Office, causing the postage to be unuseable«
,� ....._.._____-.1.------------------7---------------___-_-_______-.r_______-_
4. What particular act or omission on the part of county or district
officers, servants or employees caused the injury or damage?
Opened letters causing postage to be unuseable.
(over)
5. What are the names of county or district officers; servants or
employees causing the damage or injury?
Briggs,(21235)"
Elder, (41766)'.
6, What damage or injuries do you claim resulted? �G�ve �ulY extent -
of injuries or damages claimed. Attach two estimates foi auto, :.*..,
damage)
Loss-of 660' and unseen damages at this time.
` ------------ ---- --
7. How was the amount claimed above computed? (Include the estimate
amount of any prospective injury or damage. )
From the price of 'United States Postage.
8. Names and addresses of witnesses, doctors and hospitals.
Sg t.KlatV
901 Court Street,
Martinez CA 94553-':t
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
t
Govt. Code Sec. 910.2 provides:
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on bis behalf. "
Name and Address of Attorney �, 4 r'::f, !� ' !C?:FA.-
Claimant s Signature
901 Court Streetl
Address
Martinez CA94553;
Telephone No. Telephone No. None
NOTICE
Section 72 of the Penal Code provides:
"Every person h•ho, with intent to defraud, ,presents for allowance or
for payment to any state board or officer, * or to any county, town, city
district, ward br 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 fe4ony. "
41
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001Si1986 paver, ,in the indoident report written Y�►..deputtiy.Slde��1766�po yatatea�
l Ar c�Y w t '.t..♦y t. .`4 aT l�SyS r1H' +Sa, ea
i v.
' t rbctober lS�1g86;
R
e•. �' * INCIDENT REPORT
TRA COSTA COUNTY. SHERIFF'S DEPENT
INCIDENT
`.. _NCIDENT: 4Z;r�/, p` /�,�` � aN�- ILITY: In / /� .REPORT
DATE/TIME IS',30 DATE/TIME
LOCATION:_ /17Q, lc OCCURRED:1O-/r/O - e6 REPORTED:
HOUSING
INMATE:_ /�f=/I /w _C1 ;l- jf'_4,r/ BOOKING #:9- /.S"`O_r "ASSIGNMENT:" ,�, _
Last First Middle
WITNESSES) -- LIST -- Name - Address If an inmate, give booking #:
SYNOPSIS: __— /�-,/lj c`= A /r, /mob L.g:2!z- C'�/ia—
0/
NARRATIVE: ,gTLJGt:�/✓i,Y /S"�n Y"L� {�1r .p.�cc=.r�6
=A Z&M& / ['-�
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;tin
Z171- ,/ A-7- T� !17
1i?r✓c U �nJ /h, S' �n,2 ��v.�-.vl�
ACTION TAKEN/RECOMMENDED:
REPORTING EMPLOYEE # SUPERVISOR # UPLRAHUNS DLRECTUR #
O.D. ROUTING INSTRUCTIONS:
White to. Facility Manager - Yellow to Booking File - Goldenrod to Inmate By:
;Pink to Lineup Board , _.._.. Pa, a orre-of
Rev. 3/85
�j ,.
II REPAL V
k+ �y
`y`�' .'`-'w�3'![yC wr`� .�a�a''} J� JJ;{•Ck'7.::-rc try �'.`,: i -: . . : :.� a;. RR
INMATE i4 i�L E, BOOKING #.$(o IS9 D3J ,INCIDENT REPORT•#
First
w- _ 1 , > ' + ,yf` '�yM - lyiLMx ..�.. r ! `� r 7• y ! r '.r 13 x') ; .;
Fir bF`&' IME �'a' t� l?I R4M 0907 INCIDENTDATEz A'.,. E 1��I(ote ; beem,r'accused of violating .the, following rules)L V-Nh K RP,# ..
(20 V,
-.V ' . V, MC�d=, A3C.t.'
u ,, Asa
-1t: of this charge, you may be subject'to one or more of the foll,owing�penal;ties• ;Y, i i".
NT-;h!,-Loss o; luod/work time, privileges or programs;- job or housing transfer,,Z�.extraqworkdetai+l; x;
r 'segregation, reprimand, criminal prosecution.-
INMATE RIGHTS IN DISCIPLINE PROCEDURE: �aq ;r'i; gr,�'f,'
1) .To receive 24 hour prior notice of a disciplinary hearing. This may be waived �norder-to` r
,receive an immediate hearing. If not waived, the hearing will be held within 72 hours ofd
the incident (excluding weekends and holidays).
2) To receive.a copy of the incident report within 24 hours of the incident.
3 To be present during the hearing process, unless security of the Facility is jeopardized.;: '';
4) To present witnesses at the hearing, unless security of the Facility is jeopardized. ''.,,
5) To represent yourself or have a staff member represent you.
6) To appeal after the disciplinary hearing to the Facility Administrator for review. Such 'a=
appeal •request will be written on the Inmate Request Form and filed within 5 days of the` T`_, '
Hearing.
WAIVER Check One:
I do not want a Disciplinary Hearing and do not contest the charge.
I waive the 24 hour prior notice rule and r quest an immediate disciplinary hearing.
❑ I do not waive the 24 hour rule. ,
CInmate Signature: Date & Time: 1'0
DISCIPLINARY HEARING: O O
4 '7 '
INMATE: IMPresent ❑Not Present
Inmate Comments: W,q,•S kJC)-r— LAbArp #J4Eb FJ2q*y10j)s L�/ . _ 'A t D NOT'
Hearing Officer/Committee Investigation: Sec=,c„ L eTrIp.R_ wqs Aen,_;r�o Y'
-I�Rooc-,N -r-rkr=, TAos-r- ot=t= ic., 0621 AD -tt_
MA+.3L) b0Es QoT Al _T>RA `S ISSJE
Findings: ❑Inmate committed the act as charged Inmate did not commit a prohibited act
[]Inmate committed the following prohibited act(s) :
Sanctions/punishment imposed: Ma N5 r
Hearing Officer: �, KLA,t 33tjk( I Committee Member:
Name Emp r Name p
-oy to Inmate by: 1/hLi ri T"'— Approved by .Operations Director: /Zk)
.Distribution: BAS (Original)
Copies to: Division Commander, Inmate Booking, Operations Director,
!.
Inmate Classification Module where inmate is housed
Rev. 10-4-82 r
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INMATE RE UEST
CONTRA COSTA LTUNTY DEIENTION FACILITY i by deputy Elder941766,so..states;
ME: Baker' Willie Earl BK.#: mail a letter by U.S.. postage
Last First i e
iven nor did I mail a three/3
TE: October 17,1986 MODULE: (A)' ROOM: 33
ECK ONE: 0 REQUEST jZ] GRIEVANCE 0 APPEAL and in order to have received
QUEST:On Oetober '11,1986, I' mailed two/2 letters by Ui.S. t would have had to,-.been mailed_
stage.One letter containing ten/10—pages and the other con- ff.
.mina six/6 pages to inmate Judy Cagle,. incarcera>B°d at,the
intra Costa County Detention Facility, On October 15, 5, I ed or show any indications of
Liled another ten/10 page letter to inmate Judy; Cagle by U.S:
o.indicate that said letter
istage and also mailed a one/A page Letter to Juay uag.Levia
ie facility inter-jail mailing procedures. On.October 17,19869 n direct violation of the United
was informed by.Sgt.Klatt, that receives aincide�re-
wrt [Write-Up] by deputy Elder 41766, for violation of corres-
)ndent policy at the Contra Costa County e n on Facility,
)r'alle edl mail a letter by U.S..Z*stage and for mailing
letter to inmate Judy Cagle, via facility r-ja ma
rocedures containing three/3 pages. N0TE:: The letter in ques-
ion were mailed on-separate days,,timesand procedures.. wh
n returned to me on October 17,1986,. two/2:of the pages that
as�,in-fact enclosed LSealectjlnrAhe letter r e and ma ed
y U.Blpostage was in fact removed from it's envelope and plac-
d into the envelope to Ju y Cagle;,viaiafacili ;y. in er-jai7 ma-
1� that contained one typed writen letter,when mailed on
- ----------- -------------------
--(see a�fach)
CEIVED BY:
)UTED TO: 0 PROGRAM 0 CUSTODY 0 MEDICAL
r T
NSWER: APPROVED 0 DENIED - (State reason)
Y: &"—,T—
Tit e- Employee Name- Employee #
link kept by inmate, Yellow to inmate, White to Booking file
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AMENDED
CLAIM
BOARD OP SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements. ) NOTICE TO CLAIMANT December 2, 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below). given pursuai.". �'u Code
Amount: $125 , 000. 00 Section 913 and 915.4. Please not alt"I"Wen,'nge,)
CLAIMANT: GLENN POULSEN OCT 2 7 19536
c/o Roderick D. Jones
ATTORNEY: Archer, McComas & Lageson Martinez, CP, 0455'
1299 Newell Hill Place Date received October 23 1986
ADDRESS: Suite 300 BY DELIVERY TO CLERK ON
Walnut Creek, CA 94596 October 22 , 1986
BY MAIL POSTMARKED:
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
�bIL ATC ELOR. Clerk
DATED: Octiober 27, 1986 : �epuHty
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
i ) 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. The 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: All g BY: eputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: AS�7 By unaimous vote of the Supervisors present
� E7✓Qrjj
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 E C 2 1986 PHIL BATCHELOR, Clerk. By _ Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the anvil 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.
AFFIDAVIT OF MAILING
l declare under penalty of perjury that I am now, and at all times herein mentioned. have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez.
California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
DEC 4 198
Dated: BY: PHIL BATCHELOR by /T� Beputy Clerk
CC: County Counsel County Administrator
t MG,
}
Claim of GLENN POULSEN, RSClaimant, CLAIM PUR
CODE SECTIONS 901 and 910
V.
AMENDMENT NO. 1
COUNTY OF CONTRA COSTA,
Respondent.
Amendment No. 1 to the Claim Pursuant to Government Code
Sections 901 and 910 , received by the Clerk of the Board of
Supervisors on 9/25/86, hereby amends Paragraph (g) as follows:
(g) A complaint for nuisance and abatement, dangerous
condition of public property, negligence and inverse condemnation
was filed on July 25, 1986, by Robert G. Spohr, Wendy Wood, Bertha
Thomas, and La Encinal Homeowner' s Association against the County
of Contra Costa, the City of Orinda, Dr. Samuel Benson, and Glenn
Poulsen. The complaint was served on claimant, GLENN POULSEN,
on August 14, 1986.
Dated: October 22, 1986 ARCHER, McCOMAS & LAGESON '
RODERICR D. JONES
Attorneys for GLENN POULSEN
R
E C E v ERECEIVED
OCT 0 2 1986 0
SEP�j 1906
ARCHER,VCCCVAS A LAGESM
CIEA P AR AT M P q
E
By . .. .. .�..
Claim of
GLENN POULSEN,
Claimant, CLAIM PURSUANT TO GOVERNMENT
CODE SECTIONS 901 AND 910
V.
COUNTY OF CONTRA COSTA,
Respondent.
Pursuant to Government Code Sections 901 and 910, a claim
is hereby presented for implied indemnity and/or partial
equitable or comparative indemnity, inverse condemnation,
nuisance, negligence, and trespass to real property as follows:
TO: COUNTY OF CONTRA COSTA
Clerk of the Board of Supervisors
651 Pine Street
Martinez, CA 94553
(a) Claimant's name and address is as follows:
GLENN POULSEN
236 E1 Toyonal Road
Orinda, CA 94520
(b) Claimant desires notices to be sent to:
ARCHER, MCCOMAS i LAGESON
1299 Newell Hill Place, Suite 300
Walnut Creek, CA 94596
Attention: Roderick D. Jones, Esq.
(c) The dates, place and other circumstances which give
rise to this claim are as follows:
Claimant, GLENN POULSEN, owns that certain piece of
real property with improvements thereon, .commonly known as 236 E1
Toyonal Road, Orinda, CA. At or around 10:00 p.m. , on February
17 , 1986, the public roadway, El Toyonal Road, running
immediately in front of Mr. Poulsen' s property, incurred a
collapse, which resulted in portions of said roadway sliding onto
Mr. Poulsen's property and that of his adjacent neighbor, Dr.
Samuel Henson. Material from the roadbed was in part deposited
upon Mr. Poulsen's property. Additionally, said material carried
across Mr. Poulsen' s property down a natural draw, and carried
with it some of the trees on Mr. Poulsen's property and a mix of
this material ended up on the property of Robert Spohr and Wendy
Wood, as well 'as the property of Bertha Thomas, who are property
owners below Mr. Poulsen on the street known as La Encinal. Some
of this slide material remains presently on Mr. Poulsen's
property as well as the properties of Bertha Thomas and the
Spohr/Wood property. The roadway known as E1 Toyonal Road has
been reduced to a single lane and either the County of Contra
Costa or the City of Orinda have closed that roadway to all
traffic except local residents. Either the County of Contra
Costa or the City of Orinda have placed sandbags and large black
plastic sheeting at the former roadway site carrying down the
hillside for many feet.
The City of Orinda has indicated to Mr. Poulsen that they
intend to repair the roadway by building a retaining wall on his
property! However, this appears to be contingent upon the City
of Orinda receiving federal funds. Based upon this writer' s past
experience with that type of funding, Mr. Poulsen and his counsel
are not optimistic that this repair will come to pass in time to
be completed before the ensuing winter.
Said collapse of the roadway and ensuing slide is as a
result of, amongst other things, the failure of the County of
Contra Costa to properly design, engineer , maintain, develop,
approve, certify, assess, and otherwise deal with public
property. The resulting collapse and slide constitutes a
dangerous condition of public property and constitutes a nuisance
which is both continuing and permanent in nature.
(d) A general description of the damages and loss
incurred so far as is known is as follows:
Partial destruction of claimant's real property by
deposit of roadway and other slide debris with the potential for
further slide activity; the loss of several valuable old oak
trees; the diminution in fair market value of claimant' s real
property, even if repairs are made to remove the slide debris and
the roadway repaired; inverse condemnation of claimant's property
resulting in a total taking thereof by a public entity.
(e) Names of the public employees causing the injuries,
damages or losses are unknown at this time.
(f) The amount claimed as of the date of presentation
of this claim and the estimated amount of any prospective injury,
damage or loss are unknown at this time. However, the amount
claimed as of the date of this claim is estimated to be
approximately $125,000.
(g) A complaint for nuisance and abatement, dangerous
condition of public property, negligence and inverse condemnation
has been filed and served by Robert G. Spohr, Wendy Wood, Bertha
Thomas, and La Encinal Homeowner' s Association against the County
of Contra Costa, the City of Orinda , Dr. Samuel Benson, and Glenn
Poulsen.
(h) This claim is presented by the Law Offices of
ARCHER, McCOMAS i LAGESON on behalf of the above-named claimant.
Dated: September 22, 1986 ARCHER, McCOMAS i LAGESON
L
RODER CK D. JONBS
Attorneys for GLENN PO N
1 PROOF OF SERVICE
2 I am a citizen of the United States and employed in
3 Contra Costa County , California ; I am over the age of eighteen
(18) years and not a party to the within action ; my business
4 address is 1299 Newell Hill Place , Suite 300 , Walnut Creek ,
California 94596 ; on this date I served
5
CLAIM PURSUANT TO GOVT. CODE SECTION 901 and 910
6
7 x by placing a true copy thereof enclosed in a sealed
8 —envelope , with postage thereon fully prepaid , in the
United States Post Office mail box at Walnut Creek,
9 California, addressed as set forth below.
10 by personally delivering a true copy thereof to the
person and at the address set forth below.
11 County of Contra Costa
Clerk of the Board of Supervisors
12 651 Pine Street
Martinez, CA 94553
13
14
15
16
17
18
19
20
21
22
23
24 I declare underenalt
p y of perjury that the foregoing
25 is true and correct .
26 Executed on 9/24/86 at Walnut Creek ,
California .
27
28 Brenda D'Andre
I PROOF OF SERVICE
2 I am a citizen of the United States and employed in
3 Contra Costa County , California ; I am over the age of eighteen
(18) years and not a party to the within action ; my business
4 address .is 1299 Newell Hill Place , Suite 300 , Walnut Creek ,
California 94596 ; on this date I served
5 AMENDMENT NO. 1 TO CLAIM
6
7 x ^by placing a true copy thereof enclosed in a sealed
8 envelope , with postage thereon fully prepaid , in the
United States Post Office mail box at Walnut Creek ,
9 California, addressed as set forth below.
10 by personally delivering a true copy thereof to the
person and at the address set forth below.
11
Clerk of the Board of Supervisors
12 County of Contra Costa
Martinez , CA 94553
13
14
15
16
17
18
19
20
21
22
23
24 I declare underlt ena
p y of perjury that the foregoing
25 is true and correct ..
26 Executed on 10/22/86 at Walnut Creek ,
California .
27 / ' A/
28
AMENDED
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County. or District governed by) BOAR_ D ACTION
the Board of Supervisors, Routing Endorsements. ) NOTICE TO CLAIMANT December 2 , 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
w ,ngrayr in uu.Y>r�. y.+c.. ywYYon� to Government Code
Amount: $250, 000. 00 Section 913 and 915.4. Please not all "1�IAFj�i�►j �•CGt'^5:
CLAIMANT: WESLEY DUANE BROWNING OCT 2 7
c/o William C. Ulrich
ATTORNEY: Attorney At Law Martinez, C:`. :'
2400 Sycamore Drive, Ste 40 Date received
ADDRESS: Antioch, CA 94509 BY DELIVERY TO CLERK ON October 24, 1986
BY MAIL POSTMARKED: October 22 , 1986
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a Copy of the above-noted claim. BATCHELOR, Clerk
IL 6_w
PpHHB
DATED: October 27 , 1986 8Y: Deputy
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
/ 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. The 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: County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unaimous vote of the Supervisors present
A/P AAVDE.2
(X) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: DEC 2 1986 PHIL BATCHELOR, Clerk, By �/! ' 2 GC's . Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date 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.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez.
California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the Claimant as shown ab2 ve.
DEC. 4 19a
Dated: BY: PHIL BATCHELOR by 1�:7) 41( Deputy Clerk
CC: County Counsel County Administrator
I
AMENDED CLAIM AGAINST COUNTY
Claimant:
WESLEY DUANE BROWNING
c/o William C. Ulrich RECEIVED
Attorney at Law
2400 Sycamore Drive, Suite 40
Antioch, California 94509 O U ToZ�,
Telephone: (415) 757-2889
CLEA NEL
V s. si ASO
BY .
.. sooty
COUNTY OF CONTRA COSTA
TO: THE COUNTY OF CONTRA COSTA:
You are hereby notified that WESLEY DUANE BROWNING claims damages from the
County of Contra Costa in the amount of $250,000.00
On September 12, 1986, in a timely fashion, pursuant to applicable statutes,
claimant did file and deliver a "Claim Against County", a true copy of which
is attached hereto and incorporated herein by reference, marked Exhibit "A".
On September 22, 1986, the Clerk of the Board of Supervisors mailed to
claimant , through his counsel , a "Notice of Insufficiency and/or Non-
acceptance of Claim". Said Notice is attached hereto, marked Exhibit "B", and
incorporated herein by reference.
Thereafter , the Claim was rejected by action of the County Board of
Supervisors, dated October 7, 1986. A copy of that document, rejecting said
Claim, is attached hereto, marked Exhibit "C", and incorporated herein by
reference.
This Amended Claim is for the purposes of supplanting the original Claim, and
of curing the defects alleged in the Notice of Insufficiency which was dated
September 22, 1986.
This Amended Claim is based on the following facts:
On June 15, 1986, claimant was brought to the County Hospital Emergency Room,
having suffered obvious head injuries in an automobile accident. Medical
personnel at the hospital, including, but not limited to, Dr. Embree, were
negligent in failing to ascertain that claimant had suffered a severe
concussion, severe brain injury, and was, in fact, bleeding internally, from
the brain. Thereafter, county medical personnel negligently released claimant
to the Martinez Police Department for transportation to the Contra Costa
County Jail.
On said same date, county personnel , being personnel at the Contra Costa
County Jail, names unknown to claimant at this time, were negligent in failing
to adequately supervise and observe the medical condition of claimant, and in
AMENDED CLAIM AGAINST COUNTY
failing to follow instructions provided by medical personnel at the Contra
Cost County Jail. Said Jail personnel, being county employees, were further
negligent in failing to provide medical care, obviously necessary considering
the condition of claimant and his continued requests for medical attention.
As a result of the negligence of the county medical personnel, as above
alleged, and as a further result of the negligence of the Contra Costa County
Jail personnel, as above alleged, claimant suffered, and continues to suffer,
loss of memory, impaired speech, and impaired mental functioning, all of which
could have been prevented by immediate medical attention, properly rendered.
The basis of the Claim against the County of Contra Costa in the amount of
$250,000.00 is the said loss of memory, impaired speech, and impaired mental
functioning, which could have been prevented, absent the above-alleged
negligence of county personnel. Specifically, the Claim is based on
additional medical treatment necessary as a result of said alleged negligence,
continuing medical care, general damages for pain and suffering, and damages
as a result of permanent injuries as herein alleged.
The names' of the responsible persons causing injury, damage or loss are:
1. Dr. Embree, and other personnel employed at the County Hospital,
names unknown to claimant at this time.
2. Contra Costa County Sheriffs Deputies, on duty at the Contra Costa
County Jail, names unknown to claimant at this time.
All notices or other communications with regard to this Amended Claim should
be sent to the claimant care of his attorney, William C. Ulrich, 2400 Sycamore
Drive, Suite 40, Antioch, California 94509.
DATED: (��. - , i 9�6 ���1� �
WILLIAM C. ULRICH
Attorney for Wesley Duane Browning
-2-
CLAIM AGAINST COUNTY
Claimant:
WESLEY DUANE BROWNING
c/o William C. Ulrich CFb �J
Attorney at Law / 086
2400 Sycamore Drive, Suite 40 cc
Antioch, California 94509 sy 4fl F� q
s'uv
Telephone: (415) 757-2889 ` �0ft
vs. `y
COUNTY OF CONTRA COSTA
TO: THE COUNTY OF CONTRA COSTA:
You are hereby notified that WESLEY DUANE BROWNING claims damages from the
County of Contra Costa in the amount of $250,000.00
This Claim is based on the following facts:
On June 15, 1986, claimant was brought to the County Hospital Emergency Room,
having suffered obvious head injuries in an automobile accident. Medical
personnel at the hospital, including, but not limited to, Dr. Embree, were
negligent in failing to ascertain that claimant had suffered a severe
concussion, severe brain injury, and was, in fact, bleeding internally, from
the brain. Thereafter, county medical personnel negligently released claimant
to the Martinez Police Department for transportation to the Contra Costa
County Jail.
On said same date, county personnel, being personnel at the Contra Costa
County Jail, names unknown to claimant at this time, were negligent in failing
to adequately supervise and observe the medical condition of claimant, and in
failing to follow instructions provided by medical personnel at the Contra
Cost County Jail. Said Jail personnel, being county employees, were further
negligent in failing to provide medical care, obviously necessary considering
the condition of claimant and his continued requests for medical attention.
The names of the responsible person causing injury, damage or loss are:
1. Dr. Embree, and other personnel employed at the County Hospital,
names unknown to claimant at this time.
2. Contra Costa County Sheriffs Deputies, on duty at the Contra Costa
County Jail, names unknown to claimant at this time.
All notices or other communications with regard to this claim should be sent
to the claimant care of his attorney, William C. Ulrich, 2400 Sycamore Drive,
Suite 401 Antioch, California 94509.
DATED: p— a 6 ,
WILLIAM C. ULRICH
Attorney for Wesley Duane Browning
EXHIBIT "A"
{
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: Wesley Duane Browning
c/o William C. Ulrich
2400 Sycamore Dr . , Suite 40
Antioch CA 94509
Re: Claim of WESLEY D. BROWNING
Please Take Notice as follows :
The claim you presented against the County of Contra Costa or District
governed by the Board of Supervisors fails to comply substantially
with the requirements of California Government Code Section 910 and
910 . 2 , or is otherwise insufficent for the reasons checked below:
1 . The claim fails to state the name and post office address
of the claimaint.
2 . The claim fails to state the post office address to •,which
the person presenting the claim desires notices to be sent.
3 . The claim fails to state the date , place or other circum-
stances of the occurrence or transaction which gave rise to
the claim asserted .
4 . The claim fails to state the name (s) of the public employee (s)
causing the injury, damage, or loss, if known.
X 5. The claim fails to state A;ZmX wm=x��
?AXI?�X#�4XA � 4XXXX? XXXX} X1PXrX the basis of
computation of the amount claimed. ( S.ee #7 )
6. The claim is not signed by the claimant or by some person
on his behalf.
x 7 . Other : The claim fails to state the damage or injury
resulting to claimant upon which a claim for
$250 , 000 is based. VICTOR J. WESTMAN, County Counsel
By: /t-i— �JL9c.0 LGA tC 2 1
Deputy Co my Counsel
CERTIFICATE OF SERVICE BY MAIL
(C.C.P. 551012 , 1013a, 2015 . 5; Evid.C. §§641 , 664)
My business address is the County Counsel ' s Office of Contra Costa
County, Co.Admin. Bldg. , P.O. Box 69 , Martinez , California 94553 , and
I am a citizen of the United States , over 18 years of age, employed
in Contra Costa County, and not a party to this action . I served a
true cony of this Notice of Insufficiency and/or Non-Accep,-ance of
Claim by placing it in an envelo;de (s) addressed as .shown above (which
is/are place (s) having delivery service by U. S. !Jail) , which envelope (s)
was then sealed and postage fully prepaid thereon, and thereafter was,
on this day deposited in the U. S. Mail at Martinez/Concord , Contra
Costa County, California.
I certify under penalty of perjury that the foregoing is true and
correct.
Dated: Se tPmLi�r 22 , 1926 at TMlartinez , California .
S�,
cc : Clerk of the Board of Supervisors (original)
Administrator
(NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. C. §3910 , 910 . 2 , 910 . 4 , 910 . 8)
EXHIBIT "B"
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District governed by)
the Board Of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 7 , 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors (Paragraph IV below),
Amount: $250,000.00 given pursuant to Goverment Code Section 913 and
915.4. Please note all "WARNINGS". County Counsel
CLAIMANT: WESLEY DUANE BROWNING SEP 161986
c/o William C. Ulrich
ATTORNEY: Attorney At Law Martinez, CA 94553
2400 Sycamore Drive, Suite 40
ADDRESS: Antioch, CA 94509 Date received
BY DELIVERY 10 CLERK ON: September 12 , 1986 hand de
BY MAIL POSTMARKED: no envelope
1. -f ROM:—Clerk of the BoarA-ef-Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR. CLERK
�� /
DATED: September 15 , 1986 BY: Devuty �Z�/
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2
This claim FAILS to comply substantially with Sections 910 and 910.20 and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The 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: _ �=o56 4M _By: Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the 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 inits mir tes 'for this date.
OCT 0 71986 =
Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally'terved
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.
CC: Claimant County Counsel County Administrator
EXHIBIT "C"
I PROOF OF SERVICE BY MAIL
2 I declare that:
3 I am employed in the county of Contra Costa, California. I am
4 over the age of eighteen years and not a party to the within
5 entitled cause; my business address is: 2400 Sycamore Drive,
6 540, Antioch, CalifoFnia 94509.
7 On 0 ~� L " F6 , I served the attached Amended Claim
8 Against County to the parties in said cause, by placing a true
9 copy thereof enclosed in a sealed envelope with postage theron
10 fully prepaid, in the United States mail at
11 '`"` u' , California addressed as follows:
12 Clerk of the Contra Costa County Board of Supervisors
County Administration Building
13 651 Pine Street
Martinez, California 94553
14
I declare under penalty of perjury under the laws of the State of
15
California that the foregoing is true and correct, and that this
16 '
declaration was executed on / 0 " ? Z ��'(� , at
17
California.
18
19 ��I
Gl� -(
20WILLIAM C. ULRICH
21I
22
23
24
25
26
27
28
1
A
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
0
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 2, 1986
:id Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $168 . 00 Section 913 and 915.4. Please not all " Counsel
CLAIMANT: JERRY HAYES NUV U 7 1986
P . O. Box 107
ATTORNEY: Tehachapi, CA 93561 r,;..uiiez, CA 94553
D-33161, Gym 57 Date received
ADDRESS: BY DELIVERY TO CLERK ON October 30, 1986
BY MAIL POSTMARKED: October 23 , 1986
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED November 6, 1986 ppHIL BDATCHELOR, Clerk c/i �✓GL�� — -
: BY: eputy
L. Hall
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
(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. The 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: 91.1-1 A74/ I / Flo BY:J eputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
(x) This Claim is rejected in full.
( } Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date. //�� OO
Dated: DEC 2 1988 PHIL BATCHELOR, Clerk, By • V&,e--, Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date 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.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above. �f
Dated: DEC4. 1986 BY: PHIL BATCHELOR by ►/ Deputy Clerk
CC: County Counsel County Administrator
CT 'NIM T0: ,BOARD OF SUPERVISORS OF CONTRA COQ gxapplicationto:
Instructions to ClaimantClerk of the Board
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. Maims 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 Distript 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
or-this form.
RE: Cla by )Res ing stamps
S RECE1 !D
Against the COUNTY OF CONTRA COSTA) 0CT,905 I
or DISTRICT) aK ` o u e� i
(Fillin name ) A
�r
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ IM,&6
and in support of this claim represents asfollows:
i. When did the damage or injury occur? Give exact date and hour]
___ _T--- ---- -i �Z____-----__�__!_
-WFer� did tFie damage or }njury occ ? (Inclu�citx county)
f`:�f�Cz �u��. .J�` �
----------------------------T--------�--- - T --------------
3. How did the damage or iniur occur.? Give ul.I etails, u e extra /
sheets if required) �� � • � 74 0_ 00
..........._______T___T___--
4. What particular act or omission on the part of county or district
officers, servants or employ es caused the injury or damage?
� (over)
5. What are the names of county or district officers, servants or
employ�e�essc�au ging the damage or injury?
6. What damage or �nluries do you claim resulted? ZGive dull extent
of injuries oiNdamages plaimed. Akita ttwo estimates for auto.
damage) �� •
d
N --
7. How was the amount claimed above computed? (I clude a es tea /
amount of any prospective injury
o damage.)�,5',e ,� ifrG' /
JL
8. Names and addresses of witnesses, doctors and hospitals.
C�
-------------------------
3 L1st t5e,:expenditures you made on account of this accident or injury:
DATE , ITEM AMOUNT
,
�,rz S
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
Caants Signa u e
Addif
ILI
Telephone No. 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. "
r CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 2 , 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
.(Paragraph IV below), given pursuant to Government Code
Amount: $160, 000. 00 Section 913 and 915.4. Please not all "WI�Rt�lAty Counsel
CLAIMANT: ENGEO, INC. NUV U 7 1986
c/o William A. Robles
ATTORNEY: Law Firm of Gordon & Rees Maiiinez, CA 94553
601 Montgomery Street Date received
ADDRESS: 4th Floor BY DELIVERY TO CLERK ON October 30, 1986
San Francisco, CA 94111
BY MAIL POSTMARKED: October 29, 1986
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
��IL BATCHELOR, Clerk
DATED: November 6, 1986 : Deputy
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
jam) 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. The 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: // /!2&6 BY: a ty County Counsel
II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the 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.
DEC 2 1986
Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date 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.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown1abiwe. l/
Dated: W �h BY: PHIL BATCHELOR by V Deputy Clerk
CC: County Counsel County Administrator
1 WILLIAM A. ROBLES
GORDON & REES ocr �.J
2 601 Montgomery Street, Fourth Floor 01986
San Francisco, California 94111 ey Nlo
` u`3 Telephone: (415) 986-8041cR
4 Attorneys for Claimant q
ENGEO, INC .
5
6
7 IN THE MATTER OF: )
8 THE CLAIM OF ENGEO, INC. , ) CLAIM FOR INDEMNITY AND
CONTRIBUTION AGAINST THE
9
-vs- ) COUNTY OF CONTRA COSTA,
)
THE COUNTY OF CONTRA COSTA, 1 a ublic entity
o , 10 Government Code Sections
S rn a public entity, )
901 and 910)
LU ¢ Z 11 )
CC 0 12
a �n TO THE COUNTY OF CONTRA COSTA, a public entity :
W 13
oz >- p N ENGEO, INC. hereby serves and makes a demand upon the COUNTY
a55. 'a 14
M
a e v v OF CONTRA COSTA, a public entity, for Indemnity and Contribution
a 15
0 LL and makes the following statements in support of claim :
z 16
Huai 1. Claimant's name and address is Engeo, Inc. , 2280 Diamond
17
Boulevard, Suite 200, Concord, California, 94520.
18
2. Claimant's mailing address to which notices and all other
19
correspondence are to be sent : William A. Robles of the Law Firm of
20
Gordon 8 Rees, 601 Montgomery Street, Fourth Floor, San Francisco,
21
California, 94111.
22
3. Amount of Claim : Claimant seeks indemnity and contribution
23
from the County of Contra Costa, a public entity, for any recovery
24
made against claimant on a complaint in O'Reilly, et al. v. City of Concord,
25
et al. , Action No. 255068 filed in the Superior Court of the State of
26
1 California, County of Contra Costa, on or about March 19, 1985, and served
2 upon Engeo on September 30, 1986.
3 4. Date and place of occurrence giving rise to claim: The complaint
4 in Action No. 255068 states that a landslide occurred on the hillside above
5 plaintiffs' house on or about March 1, 1983 in the area of 5501 Sloan Court,
6 Concord, California.
7 5. Description of occurrence giving rise to .claim:
8 Claimant has no knowledge of the injuries, damages and/or losses which
9 may have been incurred other than the allegations made by the plaintiffs
a � 10
in Action 255068. Thus, Claimant sets forth those allegations solely for
w Z 11 the purpose of showing the nature of the claim made against complainant,
5 $� 12 but does not adopt any of those allegations as true or correct. Plaintiffs
Z W v 13 in Action No. 255068 claim that as a result of earth movement on an adjacent
a 0 -
00
c o W 14 hillside, they have sustained the following damages:
¢ QC.0
z 15 a) Damages for loss and damage to real property and improvements
09
16 in a sum in excess of $160,000.00.
17 b) Damages for reasonable expenses incurred because of damage
18 to real and personal property and for mitigation against further damage.
19 c) Damages for lost profits.
20 d) Damages for loss of earnings.
21 e) For professional expenses and costs incurred by plaintiffs in
22 determining the nature and cause of the injuries, preventing and minimizing
23 future damage, removing soil and debris from plaintiffs' property, and
24 restoring plaintiffs' property and residence to a sound and habitable
25 condition in an amount according to proof.
26 f) Damages to restore plaintiffs' residence and lot to a sound and
-2-
1 habitable condition, and to minimize and prevent future damage in an
2 amount according to proof.
3 g) Damages for diminution of value of plaintiffs' real property
4 in an amount according to proof.
5 h) Damages for loss of use of plaintiffs' property in an amount
6 according to proof.
7 i) Damages for emotional distress, suffering, and annoyance in
8 the sum of $500,000.00.
9 j) Damages for annoyance, discomfort, and loss of enjoyment
$ 10 of plaintiffs' property in an amount according to proof.
a
LU < 11 k) Attorneys fees, interest, and costs of suit incurred herein.
W ; IM
¢ 5So _
LL 12 On information and belief, the County of Contra Costa County by and
< b
Z9 13 through its agents and employees negligently inspected, tested, evaluated,
0a
'
0 o W . 14 designed, recommended, developed, graded, constructed, manufactured,
Q CU
O
'Z 15 approved, managed, operated, maintained, altered and/or erected the hillside
0 LL
�N 16 north of the plaintiffs' home, including but not limited to the construction
17 of the Concord Pavilion and the installation of drainage pipes, and other
18 methods by which the natural flow of waters on said hillside were changed.
19 The above actions by the County of Contra Costa, a public entity,
20 contributed to or caused the injuries, if any of which the plaintiffs
21 complain.
22 On or about March 19, 1985, plaintiffs John J. O'Reilly, et al., brought
23 the previously referred to Action No. 255068 against claimant for the above-
24 mentioned alleged injuries. If any judgment should be rendered in favor
25 of plaintiffs against claimant in said civil action, then the County of Contra
26 County, a public entity has a duty to contribute and/or indemnify claimant
-3-
1 for the amount of any judgment, settlement, or other resolution of the actions
2 caused by the actions or inactions of its employees, for the cost of suit and
3 for attorneys' fees expendedin defense of said actions.
4 6. The names and addresses of all public employees that were involved
5 in the aforesaid occurrence on the aforesaid date are presently unknown to
6 claimant.
7 7. The amount of damages being alleged by plaintiffs are set forth
8 in Paragraph 5.
9 DATED: OctobeI5�'/, 1986. GORDON S REES
g:: 10
v
ou a 11 BY
w z WIL—L-1—AM A. ROBLES
?
an O 12 Attorneys for Claimant
LL
ENGEO, INC.
W
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Ox >0
O
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1 15
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�N
17
is
19
20
21
22
23
24
25
26
-4-
I PROOF OF SERVICE BY MAIL
2 I- am over 18 years of age and not a party to this cause.
3 My business address is 601 Montgomery Street, Suite 400, San
4 Francisco, California 94111. On the date this proof is signed, I
5 mailed at San Francisco, California, CLAIM FOR INDEMNITY AND
6 CONTRIBUTION AGAINST THE COUNTY OF CONTRA COSTA, a public entity
7 (Government Code Secitons 901 and 910)
8 in a sealed envelope with postage fully prepaid and addressed to:
9
CLERK OF BOARD OF SUPERVISORS
oa 10County of Contra Costa
U) i Q 651 Pine Street
w ; M ¢ 11 Martinez, California 94553
C[ < ° O
a LL_
J a 1.1
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06 41 W,
0) gym 13
° < oU) 14
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LL 15
2
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17
18
19
20
21 I declare under penalty of perjury under the laws of the
22 State of California that the foregoing is true and correct.
23 DATED: October 28, 1986
24
25
26 BARBARA M. BOHLEN
A jZ
o -
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT December 2 , 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
jr6rdV1dV11 iv oeiow). given pursuant iu5 6uv...••••-••L :,�a
Amount: $500, 000. 00 Section 913 and 915.4. Please not all •WARNIG&Unty Counsel
Cl AIMANT: STEVE EARLY NOV U 7 1986
c/o Richard D. Blakewell , Esq. Maitinez, CA 94553
ATTORNEY: Law Offices of Richard D. Blakewell
43 Panoramic Way Date received October 28 1986
ADDRESS: Walnut Creek, CA 94595 BY DELIVERY TO CLERK ON
BY MAIL POSTMARKED: October 27 , 1986
Certified P 308 120 578
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
ppHHII BATCHELOR. Clerk
DATED: October 29 , 1936 8Y: Deputy
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The.Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Gated: B puty County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unaimous vote of the Supervisors present
(�) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: DEC 2 1•Q$F PHIL BATCHELOR, Clerk. By •i)yV Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date 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 attorneyo you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States. over age 18; and that today I deposited in the United States Postal Service in Martinez.
California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above. D
Dated: DEC 4 1986 BY: PHIL BATCHELOR by c Deputy Clerk
CC: County Counsel County Administrator
Rirhard D. Blakewell, Esq. !
! hAW OFFICES OF RICHARD D. BLAKEWELL
43 Panoramic Way - (415) 932-5656
Walnut Creek, California 94595
Attorney for Claimant: Steve Early
2
3 RECEIVED
r'
4 `T�Q �TivJ
Uv
5R j Cl K F, fi SUP FIS
7 Deputy
BY
III
I In the Matter of the Claim of
�) CLAIM AGAINST
9 H STEVE EARLY, CONTRA COSTA COUNTY
I
10 I Claimant, . (Government Code §910)
w
LU '.c 12 The above-named Claimant,, acting by and through
0 Y 1 L 1t'S
tn Q O W
w _j = Ln 13 I his attorney, RICHARD D. BLAKEWELL, . hereby makes the
um S cry
on 0 14 following claim against : Contra Costa County:
C Y ^
vw a ? 15 I 1. NAME AND ADDRESS OF CLAIMANT:
J <1 U i
uj 16 ! Mr. Steve Early
�I _c % Richard D. Blakewell, Esq.
LAW OFFICES OF RICHARD D. BLAKEWELL
y43 Panoramic Way - (415) 932-5656
18 Walnut Creek, California 94595
lu !j 2. ADDRESS TO WHICH NOTICES ARE TO BE SENT:
20 '� Richard D. Blakewell, Esq.
'! LAW OFFICES OF RICHARD D. BLAKEWELL
21 43 Panoramic Way - (415) 932-5656
Walnut Creek, California 94595
3. DATE OF OCCURRENCE: July 26, 1986
II4. PLACE. OF OCCURRENCE: On Ascot Drive near I
24 :1 its intersection with Ascot. Court, Town of I
Ij Moraga, Contra Costa County, California.
ff i
I�
I
�I
5. CIRCUMSTANCES OF OCCURRENCE: Cement which
was being poured at or near said intersection
2 was negligently spilled and negligently permitted
to remain on a public street. Claimant, while
3 on a- motorcycle, struck the hazard and was
injured.
4
6. GENERAL DESCRIPTION OF INJURY, DAMAGE OR LOSS
5 INCURRED: Multiple injury. Medical treatment
continuing. Damages include medical bills
6 current and future, lost income current and
future.
7
7. NAMES .OF .ANY . PUBLIC EMPLOYEE (S) KNOWN TO CAUSE
8 THIS INJURY, DAMAGE OR LOSS INCURRED: Unknown
at present.
9
8. DAMAGES CLAIMED: $500,000. 00.
L„ 10
m
J `^
J 11
3 DATED:
� �
W ti c ,n 12
w
v J .Y `_ `" 13 'RichardD. Blakewell
" CO r
r. N Attorney for Claimant
JM
w i C: 14
00 C Y
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L
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C
17
S
18
19 I
20
21
22
23
24 i
25 I
I
I
26
-2-
I
,
' 1 PROOF OF SERVICE BY MAIL
[CCP 1013a, 2015.5]
2
3 I declare that I am employed in the County of Contra Costa,
4 California. I am over the age of eighteen years and not a party to the
• 5 within-entitled cause, my business address is 43 Panoramic Way, Walnut
6 Creek, California 94595.
7 On October 27, 1986, 1 served the attached: I
8
Government Tort Claim i
9
10
M 11 on the parties in said action, by placing a true copy thereof enclosed
J Ln
IT
LU
O1 12 in a sealed envelope with postage thereon fully prepaid in the United
ro
o Y L.
C 13 States mail at Contra Costa County addressed as follows:
tiQ wN
U m u N 14 Contra Costa County
w m V m Office of the
O G o . 15 County Counsel
o M 651 Pine Street
A n L s 16 Martinez, CA 94553
JQ V ..
2
U j 17
C
3 18
19
20
21
22
23 I declare under penalty of perjury under the laws of the State of
24 California that the foregoing is true and correct and that this
25 declaration was executed on October 27 1986 at Walnut Creek, California.
26
27
28RICHARD D.D. BEA EWA ELL
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,,CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION' r 2 1986
the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT De C em ,
and Board Action. All Section references are to ) The copy of this document wiled to you is your.notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Cod:
Amount: Unspecified Section 913 and 915.4. Please not a&p•WARNIIGG ljgksC1
CLAIMANT: RTA MAINTENANCE CONTRACTORS, INC . OCT 2 7 10P9
c/o Mark T. Guerra
ATTORNEY: Barfield, Dryden & Ruane Martinez, CA 9455*1
A Law Coporation Date received
ADDRESS: One California Street BY DELIVERY TO CLERK ON October 24, 1986
Suite 3125 October 22 1986
San Francisco, CA 94111 BY MAIL POSTMARKED.
• Certified P 313 528 304
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
• Attached is a copy of the above-noted claim.
ELOR
ATC
IL , Clerk
DATED: October 27, 1986 PpHHH8Y: Deputy
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
(1) 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. The 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: L�C .L cfIg, BY; -� �y County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unaimous vote of the Supervisors present
(/1) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date. J �p
Dated: DEO 2 198 PHIL BATCHELOR, Clerk, By . Deputy Clerk
WARNING (Gov. Code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mil 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.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez.
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: DEC 4 1QRF
—— BY: PHIL BATCHELOR by ��� Deputy Clerk
CC: County Counsel County Administrator
RLEED
CLAIM FOR INDEMNITY AND CONTRIBUTIO
AGAINST COUNTY OF CONTRA COSTA °RGovernment Code Section 10 eu
Y
CLAIMANT: RJA MAINTENANCE CONTRACTORS, INC.
This claim is made on behalf of RJA MAINTENANCE
CONTRACTORS, INC. , pursuant to Section 910, et seq. , of the
Government Code of the State of California.
ADDRESS: BARFIELD, DRYDEN & RUANE
A Law Corporation
One California Street
Suite 3125
San Francisco, California 94111
Telephone: (415) 362-6715
DATE OF INCIDENT: This claim is based on the complaint
of City of Lafayette, a municipal
corporation, now pending in the
Superior Court of California, in and
for the County of Contra Costa,
Action No. 271 375 . Plaintiff claims
equitable, comparative and express
indemnity of a landslide incident
occurring on March 31, 1982 . RJA
MAINTENANCE CONTRACTORS, INC. was
provided notice of the aforementioned
suit within 100 days of the date of
this claim.
DESCRIPTION OF INCIDENT: The aforementioned complaint alleges
that Claimant, RJA MAINTENANCE
CONTRACTORS, INC. , among others, is
liable to plaintiff for damages
arising from a March 31, 1982
landslide incident involving the
residence located at 4130 Canyon
Road, Lafayette, California .
CLAIM FOR INDEMNITY AND CONTRIBUTION
AGAINST COUNTY OF CONTRA COSTA
Page 2
DAMAGES CLAIMED: Claimant, RJA MAINTENANCE
CONTRACTORS, INC. , contends that any
liability it may incur will be as a
result of the negligence of the
County of Contra Costa through its
agents and employees and its
activities at or near 4130 Canyon
Road and its environs, Lafayette,
California, its inspection of the
work being performed, and is failure
to construct and maintain Canyon
Road. Claimant is entitled to obtain
partial indemnity, partial
contribution, total indemnity and/or
total contribution from the County of
Contra Costa based upon the
principles of express and/or
equitable indemnity or comparative
fault .
TOTAL CLAIMED: The amount claimed, as of the date of
the presentation of this claim,
including the estimated amount of any
prospective injury, damage, or loss,
together with the computation of the
amount claimed, is not known at this
time.
DATED: October 22, 1986 BARFIELD, DRYDEN & RUANE
4AiA.,a-
MARK T GUERRA
Att rneys Mr Defendant
RJA MAINTENANCE CONTRACTORS, INC.
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County. or District governed by) BOAR_ D_ ACTION
,the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 20 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below). given pursutiii- :o du.•. ..:,.. .
Amount: *2 ,000, 000. 00 Section 913 and 915.4. Please not all •WARNINGS".
County Counsel
CLAIMANT: SAVENG AND CRANK SYSOUPHANH
Byrnes , Triay & Reed OCT 2 7 996
ATTORNEY: 2030 Franklin St. , 5th Floor
Oakland, CA 94612 Date received Magine71�� Wand del .
ADDRESS: BY DELIVERY TO CLERK ON October ,
BY MAIL POSTMARKED: no envelope
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: October 27 , 1936 IVIL 9epuiyLOR, Clerk
L. Hall
II. FROM: County Counsel TO: Clerk of the Board.of Supervisors
( ) 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. The 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: �� d , / 9 10 BY: c• puty County Counsel
�T'
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unaimous vote of the 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: D E C 2 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date 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.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 16; and that today I deposited in the United States Postal Service in Martinez,
California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
DEC 4 1986
Dated: BY: PHIL BATCHELOR by Deputy Clerk
i
CC: County Counsel County Administrator
{:11}1111 Wv; ""Kd-Ll[rTprlginarappllCajlpll w.
Instructions to ClaimantC!erkoithe Board
4'S/P.'n Q Sy*y f/i0 6
Martinez Calitomia94553
,A._ C'lw1ms relating to causes of action for death or or 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 form.
RE: Claim by )Reserved for Clerk's filing stamps
Saveng and Chank Sysouphanh
46 West Boulevard , Apt . B ) E
Pittsburg, CA 94565 )
Against the COUNTY OF CONTRA COSTA) OCT 04, 986
1:y} P.M-
or DISTRICT) PHIL BATCHELOR
RK 80 D OF SUP RV OR$
Fit in name ) co ACOSTA o .
By " Deputy
The" undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 2 ,000 ,000. 00
and in support of this claim represents as follows:
------------------------------------------------------------------- ---
l. When did the damage or injury occur? (Give exact date and hour]
July 21 , 1986 at 6 : 45 p . m. : (approximately)
--- --- T----------------T-
----------�•-' ----------------- -----------
�. Where did the damage or injury occur? (Include city and county)
Contra Costa County Canal at the rear of 22 West Blvd . , Pittsburg , Calif .
-�------
___1
---------------7----------------------- ----T---------------
3. How did the damage or injury occur? (Give full details, use extra
sheets if required)
Victim gained access to the Contra Costa Water Canal via a partially
opened gate leading to said canal . The victim Tommy Sysouphanh
subsequently drowned in said canal .
-------------:----------------------------------------------------------
4. What partbcular act or omission on the part of county or district
officers, servants or employees caused the injury or damage?
Negligent ownership, maintenance and management of the Contra Costa Water
District Canal including all access to said canal . As a proximate result
of said negligence decedent Tommy Sysouphanh died on or about
July 21 , 1986,
(over)
5,.'' What are the names of county or district officers, servants or'
employees causing the damage or injury?
Unknown at this time
- -- -•• T-T--T-----------
--- --T--------- -- --- -------------
6. What da-mage-"---or--injuries do you claim resulted? ZGve full extent
of injuries or damages claimed. Attach two estimates for auto
damage) As a proximate result of defendant ' s negligence and the death
of decedent , decedent ' s hiers have suffered pecuniary .loss resulting
from the loss of society , comfort , attention , services and support
-------------------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
Based on pecuniary loss to claimants .
-------------------------------------------------------------------------
B. Names and addresses of witnesses, doctors and hospitals.
Damien Miller , 46 West Boulevard , Apt. A, Pittsburg , CA 94565
(415) 432-1886
Contra Costa Water District , 1330 Concord Ave . , Concord , CA 94520
. (Found the body of victim) (415) 674-8000
-------------------T--�-------------------------------------------------ury-
9. Ll�t the expenditures> you made on account of this accident or inj :
DATE ITEM AMOUNT
.i
None at this time
t*##R#t#**R*R#R*Rt*R*#*R***t*###*t***tt*****R*###*R*RRR##****#***R***#R**#
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 'YLo� . "
Claimant' s Signature
BYRNES , TRIAY & REED (Attorney for Claimant)
2030 Franklin Street , Fifth Floor Address
Oakland , CA 94612
Telephone No. (415) 452-1360 Telephone No. (451 ) 452-1360
#ttttR*#tR**R#***R##**R#t**t##tRt#tt**t#t***##R#RR*##**RtRRR*RRR*R###*#R#*
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."
J
Continued from No. 6
of decedent . In addition decedent ' s hiers have incurred funeral
and burial expenses.
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 2 , 1986
and Board Action. All Section references are to } The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $1, 000, 000 + Section 913 and 915.4. Please not all "WARNi l uLnty Counsel
CLAIMANT: WILLIAM T. HO12RICH NOV U 7 1986
c/o Daniel J. Kelly, Esq.
ATTORNEY: Walkup, Shelby, Bastian, Melodia, Kelly & O'Reilly Martinez, CA 94553
650 California Street Date received
ADDRESS: 30th Floor BY DELIVERY TO CLERK ON October 31, 1986
San Francisco, CA 94108
BY MAIL POSTMARKED: October 30, 1986
Certified P 193 888 829
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED:
November 6, 1986 ??ebIL BATCHELOR, Clerk
: Deputy
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
(X) This ,claiqi complie su stantially with Sections 910 and 910.2./�d�
( ) Thi ss clai 5 to comply substantially with Sections 910 andUU910.2, an we are so notifying /
claimant. The Board cannotact for 15 days (Section 910.8). -
(�) Claim is not timely filed The C should d return 4iim on ground that it was filed 1 to and sW
warning of claimant's right to apply for leave to present a late claim (Section 911.3). /•
( ) Other:
Dated:/6C /a�f /(u(.— BY: cq puty County Counsel
111. ' FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
(\t4 Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
( ) This Claim is rejected in full.
(X) Other: Portion of original claim not previously returned as untimely
is rejected in full.
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated:
D E C 2 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date 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.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: Q`E'C 4 1986 BY: PHIL BATCHELOR by ,/ Deputy Clerk
CC: County Counsel County Administrator
A
LAW OFFICES OF
BRUCE WALKUP WALKUP, SHELBY, BASTIAN, MELODIA TELEPHONE
DEOROC J.SHELBY (415)GSI-7210
RALPH W. BASTIAN,JR,
PAUL V.MELODIA A PROFESSIONAL CORPORATION
DANIEL J.KELLY THE HARTFORD BUILDING-30T11 FLOOR
TERENCE J.O'REILLY
' JOHN ECMEVCRRIA BSO CALIFORNIA STREET
JOHN D.LINK
RICHARD B.GOCTMALS,JR. SAN FRANCISCO,CALIFORNIA 94108
RONALD M.WECMT
,JUDITH J.RENTSCHLER
MIC HAEL A.KCLLT October 30, 1986
KEVIN L•DOMECUS
JEFFREY P.MOLL
MICHAEL P.CLARK OF COUNSEL
DANIEL DELVOSSO WESLEY SOKOLOSKY
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
�Z
Board of Supervisors Clerk
Contra Costa County "
651 Pine Street
Martinez , CA 94553
Re: William T. Homrich a
Dear Clerk:
Enclosed are the original and a copy of Claim for
Damages made by and on behalf of William T. Homrich dated
October 30, 1986 .
This claim is presented for filing against the County
of Contra Costa pursuant to the pertinent provisions of the
Government Code, particularly §§911. 4, 911.6 , 911. 8 , 912. 4 ,
912.6 and 913 thereof.
Kindly acknowledge receipt of the Claim by signing
and returning the extra copy of this letter enclosed. A
return envelope is also enclosed for your convenience.
Ver truly yours,
Daniel J. Kelly
DJK/jo
Enclosures
Receipt of the within claim is acknowledged this day
of 1986.
Clerk, Board of Supervisors
Contra Costa County
CLAIMANT'S NAME: William T. Homrich
AMOUNT OF CLAIM: $1, 000 ,000 + Special Damages
CLAIMANT' S ADDRESS: 1585 Glacier
Concord, CA 94521
ADDRESS TO WHICH NOTICES ARE TO BE SENT: TELEPHONE: (415 ) 981-7210
Walkup, Shelby, Bastian, Melodia, Kelly & O'Reilly
650 California Street, 30th Floor
San Francisco, CA 94108
ATTENTION: Daniel J. Kelly, Esq.
DATE OF INCIDENT: May, 1985 through July 25, 1986
LOCATION OF INCIDENT: Contra Costa County Medical Clinics
HOW DID INCIDENT OCCUR: Claimant received inadequate and negligent medical
care and treatment with a resulting delay in diagnosis of his cancer.
DESCRIBE INJURY OR DAMAGE: Loss of larynx; possible spread of Cancer to
adjacent and distant structures ; decreased life expectancy; loss of liveli-
hood; severe emotional distress. --
NAME OF PUBLIC EMPLOYEE OR EMPLOYEES CAUSING INJURY OR DAMAGE, IF KNOWN:
Unknown at this time
ITEMIZATION OF CLAIM:
General Damages $ L 000 . 00
Special Damages = $ Not fully ascertained as yet.
TOTAL $ 1,000 ,000
Dated: October .36 , 1986
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA
Claim Against the County. or District governed by) BOARD ACTION
h"e Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT December 2 , 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes.__ ) the action taken on your Claim by the Board of Supervisors
given pursuant to Goverro wde
Amount: Unspecified Section 913 and 915.4. Please not all "WARNINGS°.
County Counsel
CLAIMANT: ATC0114, INC. ET AL
C/O Ms . Joyce Cram N(JV U 7 1986
ATTORNEY: 1990 North California Blvd.. (VICi��lneZ
Suite 200 Date received CA 945.53
ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON October 27 , 1986 hang el .
BY MAIL POSTMARKED: no envelope
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim, pp .
DATED: October 30, 1936 Boll DeputyLOR, Clerk
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) 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. The 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: �Q (i( r �9�� BY: \ [ uty County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unaimous vote of the 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.
DEC 2 1986
Dated: PHIL BATCHELOR, Clerk. By 6VWe5 Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date 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.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today i deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: Q E C 1986 BY: PHIL BATCHELOR byDeputy Clerk
CC: County Counsel County Administrator
• a 1 I'�iG� "' —
CLAIM
RECEIVED
OCT�,19n6
TO: County of Contra Costa IP110
c/o Board of Supervisors .WBATCAOR
651Pine Street K o v nsPuty
Martinez, CA 94553L
1. NAME AND ADDRESS OF CLAIMANT: ATCOMM, INC. ; Eldon Dicky
Sailors. 100 Corporate Place, Suite A, Vallejo, CA 94590.
2. SEND NOTICES TO: Ms. Joyce Cram, 1990 North California
Blvd. , Suite 200, Walnut creek, CA 94596 .
3. CIRCUMSTANCES OF THE OCCURRENCE: On September 24, 1984
Michael Gerhart files a complaint against the County of
Contra Costa and ATCOMM, Inc. , Eldon Dicky Sailors,
Stephen Austin Cain and Michael D. Cain in the Contra
Costa Superior .Court to recover damages allegedly resulting
from an automobile accident occurring on November 7, 1983,
on Marsh Creek Road, County of Contra Costa. A copy of
that complaint is attached and incorporated herein.
ATCOMM, Inc. and. Eldon Dicy Sailors wish to file a cross-
complaint in that case against the County of Contra Costa.
4. GENERAL DESCRIPTION OF LOSS: The attached complaint sets
forth the losses claimed by Michael Gerhart. Should
ATCOMM, INC. or Eldon Dicky Sailors be held responsible
for some or all of those damages, they seek full or
partial indemnity or contribution from the County of
Contra Costa.
5. RESPONSIBLE PUBLIC EMPLOYEES: The names of the responsible
public employees are not known at this time.
6. AMOUNT CLAIMED: ATCOMM, Inc. and Eldon Dicky Sailors do
not hereby claim any specific amount of money. Rather
they seek indemnity and/or contribution from the County
of Contra Costa for its proportionate share of the damages
recoverable by Michael Gerhart.
LOW, BALL & LYNCH
oyc C am
LAW OFFICE OF
• I H' L'
JAMES H . VERNON
1941 San Ramon Valley Blvd. , L
1 P. Box 410 o a c p
San Ramon, CA 91583 2 s.
2 (415) . 838-9400
3 E,Q Q� f�RA f ry
Attorney -for: Plaintiff
J. R. rr,un:v Clprk'.
a R� CONTRA (.',)STA COUNTY
1519 °' '- D
6 ATSeputy
. '7 fT1ll fj`,Tf�•4�A1
SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA
B
s ,
[, ^ t..l w • r .. TTT 111 .
9
MICHAEL GERHART., N0.
10 Plaintiff , COMPLAINT FOR DAMAGES
STEPHEN AUSTIN CAIN, MICHAEL
12 rr,•;
D. CAIN, ELDON DICKY SAILORS,
13 ATCORM INC. , CONTRA COSTA COUNTY
and DOES 1 - 20, 'Inclusive. ,
14 ,.
Defendants.
16 Plaintiff alleges :
Y+:;k
17 1. The true names and capacities whether individual ,
corporate or`-otherwise of the Defendants sued herein as Does',:
oes
18 P •� • ��f 2 •
19 20, are unknown to Plaintiff who therefoie sues said Defend
20 such fictitious names. Plaintiff prays leave to amend this >,t•; ,;'u 3 :
21 complaint to include the true names and capacities when the same';;
22 have been ascertained. Plaintiff is informed and believes -and
23 thereon alleges that each of the .Defendants designated as Doe
24
25
26
•Y
4IY•:
1 Y;
1 negligently responsible in some manner for the events and
2 happenings herein referred to, and thereby proximately
injuries and damages to the Plaintiff as herein alleged.
3 ,;.
11 2. At all times . herein mentioned, Defendants, and each of
5 them, were the agents, servants, and employees of the other named '
6 Defendants and were acting at all times within the course and :..
7 scope of their agency and employment with the knowledge and j
6 consent of each of the other Defendants. :, ; F '�Etr• y
9 3. Plaintiff MICHAEL GERHART was lawfully a passenger in, the fk.'
10 vehicle driven .and operated by Defendant STEPHEN CAIN,
. 11 4. At all times herein mentioded, Defendants STEPHEN AUSTIN `,
1': i
12 CAIN and MICHAEL D. CAIN and Does 1 5, were the owners and
13 operators of a certain 1978 Toyota Celica, California License .No.;r;:•; ;2fi
• • ;fit:
14 001WIR, hereinafter referred to, as the "CAIN VEHICLE" .
15 5. At all times herein mentioned, DefendantS ELDON DICRYJ',..:
°3 ;
16 SAILORS and ATCOMM, INC. and Does 6 . - 10, were the owners and
s x:
;
17 operators of a certain 1980 Chevrolet Luv truck, California ?
1g License No. 1U54117 , hereinafter referred to as 'the "SAILORS
19 VEHICLE" .
20 '6. Defendant CONTRA COSTA COUNTY and Does 11 - 15 were '2 °`�` r4'
21 charged with constructing and maintaining Marsh Creek Road,
a
22 county roadway, where the accident occured. =:k;
23 7. Defendant CONTRA COSTA COUNTY is, and at all times
24 mentioned herein was a public entity duly organized and existing..
25 under the laws of the State of California. *+
26
• }V
• • LV
• �i
1 8. At all times herein mentioned Marsh Creek Road ,was and:.is. .,-: .;::.
y•. i:.n
a county road running in an east-.west direction in Contra Costa-,::;
3 County within the jurisdictional limits of this court.
,4 9 . At said time and place Defendants, and each of them, so;": `j+' r•; .
negligently entrusted, managed, maintained and operated their
6 respective vehicles as to -cause a collision of DEFENDANT CAIN!.S;`::'r'+.:•::`
r q,
7 VEHICLE with the •DEFENDANT SAILOR'S VEHICLE. ;`;;i2t 1 �i IN
8 10. At said time and place, Defendants, and each of- t
9 negligently managed, maintained, operated, owned, and controlled
,I:
10 said premises so that dangerous con itions existed in the form of
inadequate grading, inadequate warning signs and an unnecessarily„t "'. �;
11
12 narrow roadway.
13 11 . As a direct and proximate result of the Defendants, and'=;;;'
.::.'.•: 1�D.•::
14 each of their negligence, as stated, the Plaintiff was .injured in= X,-
15 health, strength, and activity, 1'`'''
15 g , y, sustaining bodily injury_ and:,:;:;
16 shock and injury to his nervous system, which have caused, and ;:';.
17 will cause, him great mental and physical pain and suffering,
18 to his general damage, . in a sum within the jurisdictional,
W 4TXT
19 limitations .of this Court. Plaintiff is informed and believesti: 1;
40 and 'thereon alleges, that said injuries will result in some {
21 permanent disability to him. 7.v.
.. ••'y_
22 12 ;- As a further. proximate result of the, negligence of the
23 Defendants, and each of them, Plaintiff has incurred, and will .::,.
y.:.
24 continue to incur, medical and related expenses. in a sum to be r °
25 proven at trial .
tr•:
26
=ra'
S
y
1 13. At the time of the injuries, Plaintiff was gainfully
2 employed in his usual occupation and, as a further proximate
3 result of ' the negligence of the Defendants, and each of them, and !-.-:-
Y
ri
4 by reason of the injuries suffered by him, Plaintiff was prevented `,`
5 from attending to such occupation and has thereby lost earnings,
which will be shown according to proof. ' Plaintiff is informed and '
. 4: 6 f,
believes , and on such information and belief alleges, that he,.,will �,pkt w'
2
8 be prevented from attending to his usual occupation for a period . ,Ua ' cis:
9 of time in the future, and will thereby lose further earnings.
10 The full amount of earnings, both past _ and future, is u4nown, to ::;-kyr 's
11 Plaintiff at this time, and Plaintiff will amend this complaint :to:ii` <'r
12 show said amount when the same becomes known to him, or upon:pr.00f ',5
13 thereof.
14 14 . On or about February 14, 1984, Plaintiff presented a:
claim for damages to Defendant CONTRA COSTA COUNTY b serving a`:
15 g Y g \
5'. S
16 claim on its governing body for the injuries, disability, .losses`<<' ,>;,;�
17 and damages suffered and incurred by the Plaintiff by reason of ;.-.:`;))
18 the. above—described occurrence, all incompliance with the ; `.'.
f r
19 requirements of Section 911. 2 of the Government Code. A'.,copy;.Fof?
the claim is attached hereto -as Exhibit "A" and incorporated b
20 P Y -;; ,
21 reference.
22 15. Said Claim Against Public Entity was rejected by
23 Defendant CONTRA COSTA COUNTY on or .about March 27, 1984 . A copy ," `t. .
24 of the rejection . is attached herto .as Exhibit "B" and incorporated` '
25 by reference.
26
1 WHEREFORE, .Plaintiff MICHAEL GERHART prays for judgment
2 against Defendants, and each of them, as follows:
3 1. For general damages in a sum to be proven at trial,
4 within the jurisdictional limitations of this Court;
5
2. For all medical and incidental expenses according to
proof >>
b � t..
2 3. For loss of earnings according to proof•
4. For cost of suit herein incurred, and
9 5. For such other and further relief as the Court may deem
10 just and proper.
ff
12 Dated: September 17 , 1984
r^
JAMES H. VERNONr Attorney. .for
13 Plaintiff
14
f:
16
11 .;
18
w
t s;-sem
24 • '
21 y..
22 -.
23 r.
24
25 s s• ��'•:
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illt:t_11t1 .Cfi f;. C'. it. lH! to Am Lhei t• true ithmies 4:11on they Picve Wn ascertained*.;'_;'+.,''=;4.y-•,15:
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•Y ' i a awl n p AQW11 .11f` w'JFF•. •i;_ir aE.tt1 ari .. . {Fti;i1L:, tint! 114016t
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y ° _ncliAM Of 1:;11;, t' lA01 HII.O& l'.t'1'Iit Maims damages
' WIT.Y'
til,.l.Iir.:.ii;. , fMt,dl?lq i:ft't!3i:•ill Ul11:: Jlk.f 1Jt't?:i}1l:LLtVe ,1 USS
t:::i'!} fttt;'J. :t, : _ ti .fi't71'iii. t•� f11.i11.1ge f; nuti]scel'Li1117dble at Lill; hi'*` l��C
4
• •! i' I.V l.1iU I.J Li,} :. iti L,i I1:..11l�li lul,l:1.f,t,ll .��
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Uovelri': :wwwry W , 1964
_. Vet lion _ tJlry for trn_ta_rt.A: _s Ii '.,•;•.,,1��•
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tAl'ilSU i.t" : / ttVla.a� W uArann uv1r. tM•avti r^K.ir�ev�tn -
Qais Against the 0ounty, cc District ) NMC8 Ta C[AIXV"
96verned by the Board of Superviscco, ) Z4:e copyof s t sa ed to you is Your
Routing Endorsesents, and Hoard ) tmtioe of the action taken on your claire by the
fiction. All Section references are ) Board of Sgxrvisors (paragraph IV, below)•
. - to California Government Codes ) given pursuant to government code Section .913
and 915.4. Please.note all Narnings'.
Michael Gerhart
C�nimant. :.
3233 West Swain Road, Stockton , CA 95207 County counsel jr
Attorney: James H . . Vernon , Esq .
P. 0. Box 410 FEB 22 1984 f :
Address: San Ramon , CA 94583
Martinez, CA 945531. . .
)fit: $190009000.00 By delivery to clerk on S"414?
Date Received: -.Feb . 21 , 1984BY mail postmarked on Feb. 14 , 1984
. p�
I. F1Y m: clerk of-the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim.
Feb . 22, 1984 1 <
Dated: J.R. CESSON, Clerk, By�g ! Deputy
9
II. FROM- County Counsel ZOO: Clerk of the Board of Superosora;
(Check only one)
(�) 7his claim oonplies substantially with Sections 910 and 910.2.
( ) This claim FAnS to comply substantially with Sections 910 and 910.2, and we are ?'N•
so notifying claimant. The Board cannot act for 15 days (Section 910.6)..
( ) 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).
Dated: - 2 7 - By: Deputy County caanselr�f :
FROM: Clerk of the Board Ta: ) County Counsel, (2) County_Administrator:; '.,.",�-3j ,
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOUM By unanimous vote of Supervisorspresent a
' ( ) This claim is rejected in full.
i.
V4/G.L ..
I _
I certify that this is a true and correct oopy of ,the Board's order entered in its
minutes fp�g its date.
Dated: �,�� J. R. CLSSCN, Clerk, By P �1�� a-c . Deputy Clerk `.
W0nM (Gov. Code Section 913)
Subject to certain e: oepticns, you have only six (6) months from the date this
notice was personally served or deposited in the mail .to. file a court action on this
claim. See Goverrant Code Section 945.6. _
a
1 _ T;•
3 VERIFCATION
I,.d
.the undersigned, say:
I am the attorney .for the Plaintiff in this action;
6 Plaintiff is absent from the County of Contra Costa, California,Y<<.= ; _.
where I have my office, and I make this verification for and an,
". behalf of that party for that reason; I have read the above
9 document and know its contents; I am informed and believe, and,
a ':
14
on that ground, allege that the ,matters stated in it are true. ;-
1 Executed September 17, 1984, at San Ramon, California.
i? I declare under penalty ofperjury that the above is true and.
3
..correct
!b N N s;3't�+,
JAMES H V
R d , Attorney y ,
17 for Plaintiff
''S ♦tli: FL S
19
n
21
22 : ;
23
24 ,
25 Ir
26
' - �.3�"'•.y arta f�. '
PROOF OF SERVICE BY HAND DELIVERY
2 I am a citizen of the United States and am employed in the County
3 of Contra Costa. I am over the age of 18 ears and am not a
g Y Party to ...`. ,:�}:::; •J: .
4 the action named in the attached document. My business address
5 North California Street, Suite 200, Walnut Creek, California, 94596. . :'.jx• •`
6 On the date specified below, I caused the attached document to beersonall4`
P
7 served on the attorneys of records in said action, addressed as follows: `
Lr
8 DOCUMENT SERVED: Claim ,
9 '
10
11 County of Contra Costa 4 rltkaa
12 c/o Board of Supervisors
651 Pine Street
13 Martinez , CA 94553 _{ , {.
14
m
15
4,-�,�n
16
17
18 ti 1 4 ti, i
19s: iyr
20
21
22. I declare under penalty of perjury under the laws of the State23 s;
of California that the foregoing .is true and correct. 1. .x -
24
October 27, 1986 :;:•.:-.a''.ti. q
Executed at Walnut Creek, California, on ;its
25 .
Deborah D ham Knudsen',
26
Si .>,
r CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 2 , 1986
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to G%yan Code
Amount: $$200, 000. 00 Section 913 and 915.4. Please not all "WARNIN "
Ounsel
CLAIMANT: MILDRED REYNOLDS NOV 0 7 1986
c/o John C. Willbrand, Esq. Martinez, CA 94553
ATTORNEY: 2280 Diamond Blvd. , Suite 440
Concord, CA 94520 Date received
ADDRESS: BY DELIVERY TO CLERK ON November 4, 1986 hand del .
BY MAIL POSTMARKED: no envelope
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
BVIL ATCHELOR, Clerk
DATED: November 6, 1986 : Beputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors /J� �
(�) This claim complies substantially with Sections 910 and 910.2. / XZZ d�"",,-�
(/ ) 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).
(x) Claim is noYJtimely filed/Z The Cl k should return claim on g and 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: /Ya {iL/ /9[�i� B Y - Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
(,I,) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
( ) This Claim is rejected in full.
(�) Other: Portion of original claim not previously returned as untimely
is rejected in full.
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: DEC 2 1986 PHIL BATCHELOR, Clerk, By l� Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date 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.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: DEC 4 1986 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
JOHN C. WILLBRAND
ATTORNEY AT LAW
COMMERCE CENTER
2280 DIAMOND BLVD.. SUITE 440 TELEPHONE: 676-8800
CONCORD. CALIFORNIA 94520 AR FjA CODE,j 4I '
CLAIM FOR DAMAGES R CEIVED
To: County of Contra Costa
Contra Costa County Hospital UA ll
Harriet Taylor , Jan Maddox and Web Beadle Cl K Aa o uv w as
By c. Opuy
Claimant , MILDRED REYNOLDS , whose address is c/o John C.
Willbrand, 2280 Diamond Blvd. , Suite 440 , Concord, CA 94520; :
hereby makes claim against the County of Contra Costa, Contra
Costa County Hospital, Harriet Taylor, Jan Maddox, and Web Beadle
for the sum of $200 , 000.00 and make the following statements in
support of the claim:
1. All notices concerning this claim shall be directed to
the following:
John C. Willbrand, Esq.
2280 Diamond Blvd. , Suite 440
Concord , CA 94520
2. The conduct giving rise to the claim began July 9, 1986,
and continues.
3. The circumstances giving rise to the claim are as
follows :
Contra Costa County and Contra Costa County Hospital and
their agents and employees, including Harriet Taylor, Jan Maddox,
and Web Beadle , intentionally inflicted emotional distress on
claimant ; slandered and libeled her name and reputation; and
unfairly and illegally harrassed claimant , causing claimant to
sustain physical and emotional injury , distress , anxiety,
suffering, humiliation, embarrassment and financial injury.
4 . Claimant seeks TWO HUNDRED THOUSAND DOLLARS
($200,000.00) in general and special damages.
DATED: November 3 , 1986
JOHN C. W.ILLBRAND, Attorney
or Claimant MILDRED REYNOLDS