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HomeMy WebLinkAboutMINUTES - 01211986 - 1.14 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION or Stege Sanitation District January 21 , 1986 Claim Against the County, or bistriet ) NOTICE TO CLAIMANT governed by the Board of Supervisors, ) The copy oft s ocument mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: ADRIAN JENNINGS and PAULA JENNINGS Attorney: Donald W. Curran Curran & Alschuler Address: A Professional Corporation 629 Oakland Avenue Amount: Oakland, CA 94611 BY delivery to clerk on $150, 000 . 00 Date-Received: December 17 , 1985 By mail, postmarked on np�,PmhPr 1 gds I. FROM: Clerk of the Board of Supervisors TO: County Counsel ' Attached is a copy of the above-noted claim. DEC 18 185 Dated; Dec. 17, 1985 PHIL BATCHELOR, Clerk, By ° hfa Q �53y Ann CPrvPlli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. (� ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). Other: .l �✓ _/ i 1; .�."t cL i �. r l"! /l:_C /. ',�_ t�t� yl �� ��V �. f JLf. �(..�.. lj_ • —�� Dated: , , . s By: 1 Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present This claim is rejected in full. ( ) Other: I certify that this is a true and correct co!yLeBoa rder entered in its minutes for this date. Dated: JAN 2 1 JQP5 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for le toesent a ate claim was mailed to claire DATED: JAN 2 1 ►���� PHIL BATCHELOR, Clerk, By 4� 100 , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COPFL6rQ9Wapplicationto: Instructions to ClaimantC'erk of the Board P.O.Box 911 Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2,. Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end or this form. RE: Claim by )Reserved for Clerk's filing stamps ADRIAN JENNINGS AND ) T ��EI= TFD PAULA JENNINGS ) j'� �/ Against the COUNTY OF CONTRA COSTA) OEC i'7 1985 TF or STEGE SANIDTATION DISTRICT) gl LATCME 090 s -VA50" Fill in name ) ""'c n The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 150 ,000 .00 and in support of this claim represents as follows: ------------------------------------------------------------------- ---- 1. When did the damage or injury occur? (Give exact date and hour Approximately 4 : 55 p.m. 4 September , 1985. 2.- Where-did the damage or injury occur?- (Include-city and county) 34 Arlington Avenue, Kensington, CA 94707 3. How did the damage or injury occur? (Give dull �etai�s, use extra sheets if required) A sewer main running in front of the claimant's premises had an obstruction which caused a sewer from the main to back up into the lateral from the lateral sewer pipe connected with the main from the claimant' s property. 4.- What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The sewer main is ill-conceived. There are no relief points along the main in the event an obstruction should occur and that the District has failed to properly maintain and inspecte the sewer main. (over) S. What are the names of county or district officers, servants or j , einployees causing the damage or injury? Vff. Larry Rugger , Manager of Stege District. Two gentlemen, the • ' last names who are unknown to claimant by the name of "Tom" and "Terry" . b. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) $25 ,000 . structural damage to home; $25 ,000. damage to Fersonall rope t ; $1010 0. los$ of ]zse ,of the premises• $25 ,000 . erspn4lg �3uE�ee� t Pupa Jennings , Ravingg �iv in t o peremiepi. esult_in in i boo r_essure_, migra�nea ac es_ an g neral 7. -------- How the amount claimed above computed? (Include the-estimated amount of any prospective injury or damage. ) See above. -------------- 8. Names and addresses of witnesses, doctors and hospitals. Ann Ongerth, a neighbor, 30 Rincon Road; John M. Robertson III, and Lita E. Robertson, 52 Marbly Avenue , Daly City, California; Paul Jennings , 34 Arlington Avenue , Kensington; Police Chief Christian, Kensington Police Dept. ; Mr. Hon , senior investigator, Richmond Office , U. S. Public Health Service; Dr. Sorenson, 3010 Colby St. , Berke- ley, CA. ; Dr. Callahan, West Portal Ave. San Francisco , California. __ 9. List the expenditures you made on account of this accident or in'`ur ITEM AMOUNT Doctors a' bis have yet to be paid. However, your representatives Leonard XAt& �e�'a'bi from he contractor. In addition, the depreciation in value of the p perty� i „ bei �waluat by a consultant. The District's insurance company has refused take, y action' whatsoever until the whole of the amount of the claim can be evaluated They refuse to advanc an*y funds to clean or replace personal property or place the home•ihto.'a:h"bbi£`able . ndition. M Govt. Code Sec. 910.2 provides: "The c14i ned by the claimant SEND NOTICES TO: (Attorney) or Wsffime er n on his behalf. " Name and Address of Attorney a nts Sgnre Donald W. Curran, i Curran & Alschuler, 34 Arl" ton Avenue A Professional Corporation Address Kensington CA 94707 629 Oakland Avei., �( Oakl:and , CA 94611. Telephone No. (415) 653;7207 Telephone No. NOTICE Section 72 of the Penal Code provides: *Every person who, with intent to defraud., presents for all-owance 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. " ** depression. In addition, bec&use of the manner in which the sewer main has been constructed , designed and maintained and the potential of a continuing nuisance results in the depreciation of the property in the balance of the amount claimed above. This arises out of rat and rodent infestation resulting from the effluent backing up within the house and upon the premises. AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim-Against the County, or District ) NOTICE TO CLAIMANT January 21 , 1986 governed by the Board of Supervisors, ) The copy oft s document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: _MICHELLE BURRESS Attorney: Rita K. Read DLG 2 l 1985 Steven Kazan Address: A Law Corporationis.;� ,�,,.:;` 94553 171 Twelfth Street, Suite 300 From County Counsel " Amount: Oakland, CA 94607 By delivery to clerk on December 26 1985 Not stated on amended claim, original claim for , um UU' Date Received: December 26, 1985 By mail, postmarked on December 20, 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Dec. 27, 1985 PHIL BATCHELOR, Clerk, By I A. Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (� ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ,�`t,. ,�_ /1 By: c. ( _ c.��t %-��� r � Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER vy y unanimous vote of Supervisors present This claim^is rejected in full. ( ) Other: I certify that this is a true and correct copy o`' the Board's Order entered in its minV� Qr lTgs date. Dated. JJgffiu PHIL BATCHELOR, Clerk, By 0- , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for le e toent a late claim was mailed to claimant. 7 ,4 DATED:,N2 4 !19a6 PHIL BATCHELOR, Clerk, BY0 , Deputy Clerk cc: County Administrator (2) County Counsel (1) t W VICTOR J. WESTMAN CONTRA COSTA COUNTY COUNSEL 1' TO ; _ \ U P.O. BOX 69, CO. ADMIN. BIDG.. MARTINEZ. CA 94558 DATE r SUBJECT C1 � n RECEIVE DEC 1985 9 Dull a tirwgi on !'PF' APD Ur S'Pc V15043 j TRA COS t.. Deputy ws - Steven Kciza 1 Steven Kazan A Law Corporation :� �Victona"'Ed" P Karen H.Kahn 5� v fF Linda J.'Sloven -:.David M.McClain . . Rita K.Read - .Burton Danziger x 4 Katherine M.Galvin Y,R A Lennox Welsh December 20, 1985 COUn 'G© i�5 � DEC 2.1 1985 r Victor J. Westman, Esq. GRA County Counsel , - -P.O. ounsel P.O. Box 69 Martinez, CA ..94553-0006- , --Re: Burress v. Contra Costa County;' -et al - Dear Mr. Westman { On November 19, 1985 we filed a claim a ainst -Contra .'CostA, ` County in the above-referenced case. `On December' 12, x1985 = we received a "Notice of Insufficiency :and/or Non-Acceptance . of Claim", for failure to state the name'(s) of the public employee(s) causing the `injury, damage, or :loss, if ,known. ' At this point we do not know the names of specific :public.- employees who may have caused harm to -Ms. Burress. ' :It is `` -our understanding that the names of specificemployees .need f : not be named in a claim against Contra Costa County, -in order for the County to consider such a claim. Please let us know if we are mistaken. ' `. If I can be of any further assistance do not -hesitate to''call Thank you for your cooperation in this matter. -Very truly yours, _ . STEVEN KAZAN, t - A LAW CORPORATION Y �. By: RITA K. READ • .res � � `r . 4 171 Twelfth Street,Suite 300. ..Oakland,California 94607 :(415)46577.728 ' (415),893-7211 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT January 21 , 1986 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Goverment Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: JANET PLOWMAN citn Attorney: Schrag & Baum1' N. Professional Corporation DEC 26 1985 Address: One Kaiser Plaza, Ste. 2085 Oakland, CA 94612 Hand delivered r�e Amount: By delivery to clerk on nevem Am $lo, 000, 000. 00 ` ' � g Date Received: December 26 , 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Dec . 26 , 1985 PHIL BATCHELOR, Clerk, By 01J Deputy A n Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ;, / %%i; By: ��. c.j��/_!. ,?. J Deputy County Counsel r, III. FROM: Clerk of the Board TO: (1) Bounty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present t>� This claim is rejected in full. ( ) Other: I certify that this is a true and correct copyIthe7d's Order entered in its minutes for this date. Dated: 2 11986' PHIL BATCHELOR, Clerk, By a , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board T0: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) Agqwaa}rnirngg of claimants right to apply for lea to pr ent a late claim was mailed DATED: PHIL 1 �� PHIL BATCHELOR, Clerk, By a , Deputy Clerk 4 4Z 16= cc: County Administrator (2) County Counsel (1) CLAIM CLAIM AGAINST THE COUNTY OF CONTRA COSTA JANET PLOWMAN presents a claim for damages against the COUNTY OF CONTRA COSTA in the sum of TEN MILLION ( $10 ,000,000. 00 ) DOLLARS. CLAIMANT' S ADDRESS: 27 Glenwood Drive Napa, Ca. 94558 ATTORNEYS FOR CLAIMANT: SCHRAG & BAUM Professional Corporation One Kaiser Plaza, Ste. 2085 Oakland, Ca. 94612 ( 415 ) 832-4295 DATE OF OCCURRENCE: December 23 , 1985. PLACE OF OCCURRENCE: Sun Valley Shopping Mall Willow Pass Road Concord, Ca. SAID CLAIM ARISES FROM THE FOLLOWING CIRCUMSTANCES: On December 23 , 1985 at approximately 8 : 30 p.m. , an aircraft piloted by James M. Graham crashed into the roof of the Sun Valley Shopping Center, Concord, Ca. The crash occurred because of the negligence of carelessness of the County of Contra Costa, in allowing the shopping center to be constructed in an area which was unreasonably dangerous due to the landing and take-off of aircraft from Buchanan Field, Concord, Ca. ITEMS, NATURE AND EXTENT OF ANY DAMAGES OR INJURIES: Claimant suffered severe burn injuries to her body including face, hands and feet and other injuries to her health, strength and activities , and extreme general shock. The exact nature and extent of injuries is unknown to claimant at this time. DATED: December 26 , 1985. SCHRAG & BAUM Prof sional �ra �ion By THOMAS F. SCHRAG RECEIVED OEC a(1985 PHIL BATCHELOR ERKB Of SUPE tiGi COV Q oS , � CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT January 21, 1986 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: WILLIE EAPL SMITH i', ��,. :,;• Attorney: G t C 2 Address: 146 19th Street, #C Richmond, CA 94801 '-'`'' Amount: �8 4. 0 0 By delivery to clerk on Date Received: December 26, 1985 By mail, postmarked on December 23, 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Dec. 26 , 1955 PHIL BATCHELOR, Clerk, Byv Deputy Ann erve li II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 7' 77 By: <._. Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present lxl This claim is rejected in full. ( ) Other: I certify that this is a true and correct cop of th ard's 0 der entered in its minutes f r, is date. Dated: JAN 2 Id's PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for le to sent a late claim was mailed tqq want. DATED J 1 Ito PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM CLAIM -TO: BOARD OF SUPERVISORS OF CONTRA CC** }'application to: 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 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, Cuunty 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 Por fraudulent claims, Penal Code Sec. 72 at end his form. RE: Claim by )Reserve JQr,C1e;k's Jilino stamps RECEIVED Against the COUNTY OF CONTRA COSTA) ftoo or DISTRICT) �K 6 . or 100 fits SUR RS (Fill1n name ) c cos�� The undersigned claimant hereby makes claim agains the County of Contra Costa or the above-named District in the sum of $ /, cQ.ou'l-� and in support of this claim represents as follows. �e When did the damage or injury occur? Give exact date and hour] -----------------_______ ____ __ ___ '2 Wfiefe. 3id tfie damage or injury o ? (Include city and county) 111 3. How did the damage or in3gry oc:cur7 1Give Zul7 %a;Mlls u�ae extra sheets if required) V 4. -What pa icular act or om ssua i on the part of county or district officers, servants or employees caused the injury or damage? (over) 5: What are the names of county or district officers, servants or employees causing the damage or injury? 6. what a e or tn3 Res do y u c resu�te�?--ZGlve-dull-ex"tent of injur s of amages claimed. - Attach two estimates for auto damage) 7. How was `th amo t claimed above computed? 7I1clude a estimates amount of any prospective injury or damage.) -�. - -'Yw �. ...wj..---u-� - -Z•------------------ 8. Names and acTdr�sses of witnesses, doctors and hospitals. - - i��� �'1j:1L-.fir-L -- ���. T'il i -..------T-T---- Lhevexp�n, � urs you made on account of this accident or in3ury: DAfi -� ITEM AMOUNT 11 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 + Cla ant signature A drss C. A Ll ? 'D Telephone No. Telephone No(y/s 2,30- pOT''CE 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 offcer, ' 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. " CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or bistriet ) NOTICE TO CLAIMANT January 21 1986 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.14. Please note all "Warnings". Claimant: BOB and LENORE HIBBARD Attorney: Don Smith DEC 1 b 1985 Attorney at Law Martinez, CA 94b53 Address: 657 Quinan Street Amount: Pinole, CA 94564 By delivery to clerk on $350, 000. 00 CRT7309 112 Date Received: December 18, 1985 y ma , pos ed on December 16 , 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Dec. 18, 1985 00 PHIL BATCHELOR, Clerk, By Deputy Ann Cervelli II. FROM: County Counsel R. Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. (x) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimants right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy f the ard�s Or er entered in its minutes fob is date. Dated: JAN 2 1 19bb PHIL BATCHELOR, Clerk, By . D , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board T0: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for le retop sent a 1 to claim was mailed to claimant. DATED: ,IAN 2 1 19$6 PHIL BATCHELOR, Clerk, By d , Deputy Clerk cc: County Administrator (2) County Counsel (1) A •Vls 1 DON SMITH ;TTORNEY AT LAW 2 657 QUINAN STREET PINOLE, CA 94.564 3 ("415 ) 724-0704 4 RECEIVED 5 Attorney for Claimant DEC 1$ 1995 6 r "TCH ►oe ire► r a +rnsa►s 7 c . re.►co ce. 8 In the matter of the claim of ) BOB and LENORE HIBBARD ) 9 Claimants, ) CLAIM FOR 10 vs. ) PROPERTY DAMAGE 11 DBL ) EAST BAY MUNICIPAL UTILITY DISTRICT ) 12 and THE BOARD OF SUPERVISORS, CONTRA) COSTA COUNTY / 13 14 15 DON SMITH, Esq. , presents .this claim to the EAST BAY 16 MUNICIPAL UTILITY DISTRICT and `THE BOARD OF SUPERVISORS OF 17 CONTRA COSTA COUNTY, pursuant to Section 910 of the California 18 Government Code. 19 The claimants are: BOB and LENORE HIBBARD 20 The claimants address is: 205 Virginia Street, 21 Crockett, Ca. 94525 . 22 Address for Notice is as shown on Line 1, et. ,seq. , above. 23 Claimants have sustained damage to their property as 24 follows: 25 The claimants residence is located on a hillside in aD � m 26 Crockett, Contra Costa County, California. Until January or J � 0\ CD 4 N q M C Q 27 February, 1985 a fire hydrant was located at or near the inter- > >, C N = c D aim 2$ section of Virginia Street and Columbus Avenue immediately above 0 0 Un 4-.) r-- C --r D � U--� - -rte � cz "orZv - 1 - I the Hibbard residence. 2 During 1982 , the fire hydrant started leaking, with the 3 water leakage then going down the hill and across the Hibbard 4 property. Lenore Hibbard notified EBMUD of the problem, but 5 despite EBMUD' S repair effort, the hydrant continued to leak. 6 Claimants were notified the hydrant was to be moved, but it. i remained in place and continued to leak. The continued 8 leakage caused a soil erosion proble:r on the hillside. 9 The hydrant was supposedly turned off August 10 , 1984 10 after the hillside began to slip and a large erosion hole 11 developed. On September 10, 1984 the hydrant burst at 9: 00 P.M. 12 and spewed great quantities of water through the Hibbard 13 property, destroying shrubbery and landscaping and threatening 19 fences, retaining walls, and the residence foundation. 15 The hydrant was finally shut off and in January or 16 February, 1985 the hydrant was removed. When the hydrant was 17 relocated no effort was made to fill in the erosion hole or 18 stabalize the hillside. 13 During the heavy rains commencing in November and December, 20 1985 , the erosion hole became a channel funneling water down 21 to and across the Hibbard property much in the nature of a 22 hydraulic nozzle causing an undermining of the retaining walls, 23 driveway, and foundation. 24 The damage to the Hibbard residence is unknown at this 25 time but the cost of stabalizing the sub-soil underneath the 26 residence and rebuilding the residence should it collapse due 27 to sub-surface water seepage caused by the negligence of EBMUD 28 or Contra Costa County employees in not repairing and stabalizing 2 - i I the hill behind the Hibbard residence, is estimated at 2 $350 , 000. 00. 3 Wherefore claimants demand damages in the amount of 4 Three Hundred and Fifty Thousand ($350 , 000 . 00) Dollars for 5 damage known and unknown to their residence caused by the 6 employees , servants, regents of the East Bay Municipal Utility 7 District and the County of Contra Costa. 8 The names of said employees, servants, or agents is 9 unknown to and not immediately ascertainable by claimants. 10 11 DATED: December 16 , 1985 12 13 14 DON SMITH :Attorney for Claimants 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _ 3 _ i y r CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or bistrict ) NOTICE TD CLAIMANT January 21 1986 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) $oard of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: MICHAEL and JEAN CUSAK and NOVER INSURANCE COMPANY Attorney: DEC 18 1985 Address: 3747 Serrano Street Martinez, Ery. 945,56 Martinez, CA 94553 Amount: Unspecified By delivery to clerk on 16770 Date Received: December 18 1985 �ERa , postmarked y mai , postmarked on no c ember 17 , 1AR5 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. Dated: Dec. 18, 1985 PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. ( This claim FAILS to comply substantially with Sections 910 and 910.2, and we are / so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ICZZr, By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy f the Board's Order entered in its minutes for this date. Dated: J8N 2 11986 PHIL BATCHELOR, Clerk, By a , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to p esent a l,1te claim was mailed to claimant. DATED: JAN 2 1 limp PHIL BATCHELOR, Clerk, By u I o , Deputy Clerk cc: County Administrator (2) County Counsel (1) ,CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions ago Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) 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 , CA 94553 (or mail to P.O. Box 911, Martinez, _CA) , C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public ent _ty, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps Michael & Juan Cusak & Hanover Ins. Co. ) RECEIVED Against the COUNTY OF CONTRA COSTA) DEC 191985 or DISTRICT) w+�R�tcw�toR (Fill in name) ) ERK C %Av^OF S ► RVIScis TRA D The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 3-85, date of discovery -- -- - -----------------------------------=---------------- 2.--Where----didT--the-----=damage or injury occur? (Include citi and county) 3747 Serrano St.-Martinez, CA. Contra Costa County ----------------------------------- ------------= 3. How did the damage or injury occur? (Give full se extra sheets if required) earth movement is causing structural damage to the above located dwelling and appurtenant structures ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Lack of proper supervision and permit control to insure that the design and construction of the home was through the standard of care in effect at the time of building (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? v* N/A - -- - - ---------------------------------------------- - -------- 6.--Wh-at-damage-------or--injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Extensive damage to the dwelling ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) To Be Determined ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Merrill & Seeley -Mullen & Sandefur 120 Spring St. Pleasanton,CA. 94566 ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: t ITEM AMOUNT No t0 9— IT)all UPI 330 Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney)- 'or b some erson on his behalf. " Name and Address of Attorney r2_dk Claimant' s Signature For Michael &Jean Cusak & Hanover Ins.Co. _.r Address } Telephone No. Telephone No. 415 221 2247 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 BOARD ACTION . Claim Against the County, or District ) NOTICE TO CLAIMANT January 21, 1986 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) �giivvenprsuant to Government Code Section 913 Claimant: KENNETH R. TOTdIS and MARY TONl�Qlp4' Please note all "Warnings". Attorney: DEC 17 1985 Address: 35 Claremont Avenue Orinda, CA 94563 martinet, LA 94b53 Amount: $200, 000. 00 By delivery to clerk on December 16, 1985 CERT Email 126 stm8arked on Date Received: y , postmarked nP .Pmher 12 , 1 985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: nPr 17 1985 PHIL BATCHELOR, Clerk, By d-D Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. (x) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: J Deputy County Counsel III. FROM: Clerk of the Board TO: (1) ounty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (>4� This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy f the Is Order entered in its minutes for this date. Dated:J A N 2 1 1986 PHIL BATCHELOR, Clerk, By v , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leto7AIM sent a 1 to claim was mailed DATED N ` ' PHIL BATCHELOR, Clerk, By Deputy Clerk cc: County Administrator (2) County Counsel (1) Y {E' P KENNETH R. TONIS, MARYKE TONIS, CLAIMANTS CLAIM FOR DAMAGES VS. COUNTY OF CONTRA COSTA 1. KENNETH R. TONIS AND MARYKE TONIS JOINT TENANTS OF PROPERTY AT 35 CLAREMONT AVE. , ORINDA, CONTRA COSTA COUNTY, CALIFORNIA, '94563. 2 . NOTICES TO BE SENT TO K. R. TONIS AT ABOVE ADDRESS, TELEPHONE: (415) 254-1732. 3. DAMAGE WAS DISCOVERED ON SEPTEMBER 14 , 1985. RETAINING WALL AT FRONT OF PROPERTY AND FOUNDATION WALL ALONG ONE SIDE OF HOUSE HAVE SUBSIDED AND ARE OUT OF PLUMB. DAMAGE TO BOTH WALLS WAS CAUSED BY WATER RUNOFF FROM INADEQUATELY MAINTAINED PUBLIC ROADWAYS. 4. NAMES OF PUBLIC EMPLOYEES RESPONSIBLE ARE UNKNOWN. 5 . BEST ESTIMATE OF AMOUNT OF DAMAGE IS $15 , 000 to $25 , 000. , BUT SINCE EXACT AMOUNT OF DAMAGE HAS NOT BEEN ASSESSED, THIS CLAIM IS MADE FOR $200, 000. DECEMBER 12 , 1985 , KENNETH R. TONIS �RYKE (TONIS SENT BY REGISTERED MAIL ON DEC. 12 , 1985 RECEIVED DEC CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA BOARD ACTION Claim -Against the County, or District ) NOTICE TO CLAIMANT January 21, 1986 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: GENE HENRY CAMPBELL „ Attorney: DEC 2 1985 Address: 901 Court Street (B-Module) Martinez CA 94553 �'��'��`'' C.1& �1+3J3 Amount: By delivery to clerk on $145 . 00 Date Received: December 27, 1985 By mail, postmarked on ,re*nher?6 ,_1995 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Dec. 27 , 1985 PHIL BATCHELOR, Clerk, By 3P4 � Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / /im By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy f thefard's rder entered in its minutes for this date. Dated: JAN 2 1 ' PHIL BATCHELOR, Clerk, B AWL^ Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for le to nesent a late claim was mailed to claimant. DATED: ,AN 2 Z i��J' PHIL BATCHELOR, Clerk, ByAAM Deputy Clerk cc: County Administrator (2) County Counsel (1) .,CLAM+:,TO: BOARD OF SUPERVISORS OF CONTRA CO§ �W yappiication to-. ' Instructions to Claimant0erk of the Board .O.Box 911 ' Martinez,Calitomia94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.20 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 o his form. RE: Claim by )Reserved for Clerk's filing stamps GENE HENRY CAMPBELL ' RECEIVED # 84-23351 J ) Against the COUNTY OF CONTRA COSTA) DEC A9 1%5 ) of SHERIFF DEPART14ENT DISTRICT) P+KBATCHELOR (FiI 1n n LE Cd vD CO �vlSGii name The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 145,00 and in support of this claim represents as follows: ------------------------ ------------------------=-------------- ---- �. When did the damage or injury occur? (Give exact date and hourT BE74EEN THE DATES OF OCTOBER 219 19$5 AND DECEMBER 23 , 1985 �: ht�iere did-tie damage or in3�ary occur? (Include city and county) - 'CONTRA COSTA COUNTY DETENTION FACILITY , 901 COURT STREET, MARTINEZ 3. How did the damage or in3ury occur? (Give tul� details, use extra • sheets if required) NEGLECT OF UNKNOW SHERIFF DEPUTIES, IN CHARGE OF INMATES PERSONAL CLOTHING ------------------T — -- .. ..---------�•------T ••—T----------- . What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? FAILED TO KEEP SECURE CUSTODY OF INMATES PERSONAL CLOTHING (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? UNKNOIC CONTRA COSTA COUNTY" SHERIFF DEPARTMENT DEPUTIES 6. Whst damage ornluries do you claim resu�te�? ZG�ve dull extent of injuries oz damages claimed. - Attach two estimates for auto damage) THE LOSS OF PERSONAL SUIT COAT, VEST AND SHIRT -7-.--H-ow--w--a-s--th--e-a-m--ou--n-t--c-l-a-i----------------- med above compute-----(-n--ud--te-e-s- -- o -- amount of any prospective injury or damage.) SUIT JACKET AND VEST: $ 125.00 PULL OVER SHIRT: $ 20.00 --------------------------------------- -------- ----------------------- 8. Names and addresses of witnesses, doctors anc� hospitals. CONTRA COSTA COUNTY SHERIFF DEPUTY FLORES, employee # . 16265 -' CONTRA COSTA COUNTY DETENTION FACILITY 901 COURT STREET MARTINEZ , CALIFORNIA 94553 •rs.oi .r�i►i.'iiL ---------------------T--•^--T------ —T—T---- t e end}.t}ires . ou made on account of this accident or injury: �' ,'.. .ti .. .�:. ITEM AMOUNT DEC MBER_?,3 1 $ t brown check suit jacket G� .1 Li I and vest 125.00. DEC 14BER 23 , 19$5 gray/black pullover shirt 20 .00 Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on Ks behalf," Name and Address of Attorney Claimant' Signatifre 1 Court Street (B-Module) Address fez ._ CA 94553 Telephone No. Telephone No. • 1 NOTICE Section 72 of the Penal Code provides: "Zvery person who, with intent to defraud, presents for allowance or for payment to any state board or officer, ' or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony." INCIDENT REPORT CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT ( r INCIDENT .4CIDENT: �C 0 S 7 ��p�c�7—� FACILITY: /�j QF REPORT #: ,8- .3�l yy DATE/TIME 19,23--05 DATE/TIME /Z—Zy Sj LOCATION: C.4o i ff1NG R00,44 OCCURRED: 1,30 C> REPORTED: O 8`30 SOUSING INMATE:r-AMAi ezl- GE/()e BOOKING #:$y .3.35/JASSIGNMENT: 13 /.3 Last First Middle WITNESS(ES) -- LIST -- Name - Address If an inmate, give booking #: SYNOPSIS: S U 1 JAC-X f�/1 5 ✓c 5 S NARRATIVE: /U d7--p J¢ 1 P C3 49 a © � Tff� T /4 CAl-&----'- ff'N C> ✓C S i' GyIF;426 /t/o f-- eta/ 7-H 7-?44C- A—S7— ©F tf/S 0 7-W//UG ,r4�v� �'o v L� QA) ,4-L t"' ��ii-rte- -r��a� Ali tir &o�,412..yG ,4 -3 P A.0 P661-& s 0�0sS A s 1-s [,J3QQ A) S EC/(' S v c r J A t&6. 7 Aoj rJ I&S I �3 caS�-- a �P� Q � - E--'5 . Az-v� : oZ_) 6WA r c1 ,6�.ftc.- s T-g r oo PyG L 6 V Eye `. REPORTING EMPLOYEE # ISUPE7R SOR # PER TI NS DIRECT R O.D. ROUTING INSTRUCTIONS: White to Facility Manager - Yellow to Booking File - Goldenrod to Inmate By: Pink to Lineup Board Page one of Rev. 3/85 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT January 21, 1986 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: -JOHN W. MC DONALD CQL�t. ' Attorney: DEC 1 ? 1 985 Address: 1341 Garvin Avenue "D" Richmond, CA Hand delivered CR 94553 Amount: $399 . 00 By delivery to clerk on December 16 , 1985 Date Received: December 16, 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 0 Dated: Dec. 17 , 1985 PHIL BATCHELOR, Clerk, By uf-: Deputy A Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. (�) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present This claim is rejected in full. ( ) Other: I certify that this is a true and correct cop of thard's Order entered in its mi utes for this date. Dated: JAl�� 2 1 i9 r PHIL BATCHELOR, Clerk, By ro Deputy Clerk 4993W -A 4 WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) Agwarning . of claimant's right to apply for leave to esent a late claim was mailed DATED:tJ 1 b86 PHIL BATCHELOR, Clerk, By A 4A.4 L Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM.-JO: BOARD OF SUPERVISORS OF CONTRA C QXappfication to: Instructions to ClaimantClerk of the Board P.O.Box 911 Martinez,Califomia 94553 A. Claims relating to causes of action for death or for injury to person onto 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 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 o this form. RE: C im y , ;Reserve for 1 r c's fi ing stamps 11:1�,CEIVE Against the COUNTY OF CONTRA COSTA) DEC ! 1985 or DISTRICT) vet e.r«sH ttc�e A o evcsoa; (Fill name) ) AAAE The undersigned claimant hereby makes claim against the-County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: �. When did the damn a or in=ur occur?g - 3 y (Give exact date and hour o N T'rr t'S �q i E �'- Vq J A6L e:5 �. f+C 2c i N M J P,e�P�F�T , T--- - T-S--••--------- - -- - -�. ---ounty)---- W�iere did tie damage or a.n3ury occur? (Include city, an T,t.t V L;A6Lt6 k:rfCZZ ��1Kc'nJ t � c2r ,Avc� 1 .JAS c� �✓�n1 fi Piz L)eac,-TJ 3. How did the damage or �n�uxy Accur? ?Gi�•c- ul�—feta+Is, use extra sheets if required) TAKCl� F19 CScNT, �Ld CC lBC,UN 10 0 1 vTL) ✓.sTo A v B 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? 6 E/+V c} - tz,9 els FE2 o lea.o,tet, Coo dT yl JA) L Td /a - ►0 c�,2 n1 T`6 1� a �(iCAtlm 13DoKOw(c6WS (over) 5. What are the _names of county or district officers, servants or employees causing the damage or injury? M c t r �L�� nT TSS �o w _c �T_ c�cn,� UU -5 t �---- 6. What damage or i j ries do you claim result? ZGlve lull extent of injuries of damages claimed. - Attach two estimates for auto damage) L&57' o F (-72rJ --------------------------------------------------------------------- 7. Bow was the amount claimed above computed? (Include the estimate amount of any prospective injury or damage. ) � NA8 A 1OiA,,YLC):✓J Efl2 it- ' THAT COslc@ a ii c1 flJ QcLT -s IJ.V W QTCtt_ �N� B. Names and addresses of witnesses, doctors and hospitals. — .Ila'i•.tiiCi+7taG/ Jdiy►Li➢f:.C•i� --------------------------T-----T--------T—T---- S. st the,expendi"rep you made on account of this accident or injury: (,.I x :a-�..,r' i . ITEM AMOUNT UAU 1q64CS 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 r`' C sunan s i nature ,__,i 1d ress Telephone No. Telephone No. t��*:***s�*taw**w�*tr'*t��::*:**:*•***�t�w•t+��***t�r�*�t���r+rrr�t*tit*,t:**t*�t* VOTICE Section 72 of the Penal Code provides: "Zvery 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." CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA BOARD ACTION Claim Against the County, or bistriet ) NOTICE TO CLA3MANT January 21, 1986 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: LAWRENCE M. ORENSTEIN Attorney: Ronald M. Schwartz, Esq. DEC 17 1985 1070 Concord Avenue, Suite 100 Martinez, CA 94553 Address: Concord, CA 94520 Hand delivered Amount: $100, 000. 00 By delivery to clerk on December 16 . 1985 Date Received: December 16 , 1985 By mail, postmarked on t I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Dec. 17 , 1985PHIL BATCHELOR, Clerk, By rLV1 0J r Deputy n Cerv_e li II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / -%.c, ,� / y'S By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy the ard's Order entered in its Dated: o� tJ�� PHIL BATCHELOR, Clerk, By 0o Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board T0: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for le a to esent late claim was mailed to claimant. r DATED: 1 23"'s PHIL BATCHELOR, Clerk, By J , Deputy Clerk cc: County Administrator (2) County Counsel (1) /h A T1! r Rf CE 444eL�ED CLAIM AGAINST PUBLIC ENTITY DEC /61985 nnt e�tc►�.oR TO: THE COUNTY OF CONTRA COSTA fm_���J E LAWRENCE M. ORENSTEIN hereby makes claim against the County of Contra Costa for the sum of $100,000.00 and makes the following statements in support of the claim: 1. Claimant's post office address is: 1501 Monument Boulevard , # 18 , Concord , CA 94520 , Contra Costa County , California. 2. Notices concerning the claim should be sent to the attorney for LAWRENCE M. ORENSTEIN as follows: RONALD M. SCHWARTZ , ESQ., 1070 Concord Avenue, Suite 100 , Concord, CA 94520. 3. The date and place of the occurrence giving rise to this claim are November 6 , 1985, on Colfax Street near Clayton Road in the City of Concord, County of Contra Costa, California. 4. The circumstances giving rise to this claim are as follows: At the above time and place , Claimant was driving a vehicle which was stopped in traffic when a bus owned and operated by the County of Contra Costa negligently rear-ended Claimant's vehicle, causing him serious injuries. 5. Claimant's injuries include soft tissue injuries to the neck and shoulder , and such other injuries as may arise subsequent to the above stated accident. 1 f . 'i 6. The names of all the public employees causing the Claimant's injuries are at this time unknown. 7. My claim as the date of this claim is $100,000.00. Claimant reserves the right to increase this amount should further facts be uncovered indicating the necessity for increasing said amount. The basis of computation of the above amount is as follows: medical expenses incurred to date - unknown, estimated future medical expenses - unknown, loss of wages - as of 11 /7 /85 , 2 days have been lost and it is anticipated that future wages shall be lost based on a gross monthly wage of $1,500.00. B. General Damages - $100,000.00. DATED: December 13 , 1985 RONALD M. SCHWARTZ , ESQ. Attorney for Claimant 2