HomeMy WebLinkAboutMINUTES - 01281986 - 1.13 1
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT January 28, 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:
MICHAEL BRAGG
Attorney: Robert C. Schubert ruimty ^,nunse.
�
Law Offices of Robert C. Schubert JAN 4 J 1986
Address: Three Embarcadero Center, Suite 1620
San Francisco, CA 94111 Martinez, CA 94553
Amount: $100, 000. 00 By delivery to clerk on
CERT P 194096700
Date Received: January 2 , 1986 By mail, postmarked on December 31, 1986
I. FROM: Clerk of the Board of Supervisors T0: County Counsel
Attached is a copy of the above-noted claim.
0
Dated: Jan. 3 , 1986 PHIL BATCHELOR, Clerk, By LDeputy
Ann ruin I Y-t
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: _ / /;: Iy: Deputy County Counsel
B
III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
(� This claim is rejected in full..
( ) Other:
I certify that this is a true and correct copy of th Board's Order entered in its
mir�ut s foss date. CL
Dated: JAA 28 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 lear to present a late claim was mailed
t claimant.
DATED: ��N $ 9 PHIL BATCHELOR, Clerk, By 4A I , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
M ATM
,CL:z' I TO: _,ARD OF SUPERVISORS OF CO _A C
OAT-tkAoaYapplication to:
Instructions 'to ClaimantClerk of the Board
.0.Box 911
Martinez,Cal ifomia 94553
A.• Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later -than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911. 2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez , California 94553.
C. If claim is against a district governed by the Board of Supervisors ,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity. _
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
of this form.
RE: Claim by )Reserved for Clerk' s filing stamps
MICHAEL BRAGG
RECEIVED
Against the COUNTY OF CONTRA COSTA) 1985
or DISTRICT) ►NJ BAT 101
L —O-A ____ce+c A{D or su as
(Fill in name) ) c ,eA COSI .0
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 100 ,000 . 00
and in support of this claim represents as follow7s7.
----------------------------------------------------=-------------------
1. When did the damage or injury occur? (Give exact date and hour)
September 24 , 1985 at approximately 9 :00 p.m.
-------------------------------------------------------------------------
2. Where did the damage or injury occur. (Include city and county)
818. West Gertrude , Richmond, California, Contra Costa County
--------------------------------------------------------------------------
3. How did the damage or injury occur? (Give full details, use extra
sheets if required)
Claimant, a Richmond firefighter, responded to a fire at the above
time and location. In the course of fighting the fire, claimant
was exposed to PCBs and other toxic chemicals .
------------------------------------------------------------------------
4. What: particular act or omission on the part of county or district
officers, .servants or employees caused the injury or damage?
Failure of County and its Health Services Department to clean up
or adequately post the property, or require .the landowner to do so.
(over)
at are the names county or district officeC , servants or
employees causing the damage or injury?
Unknown
-------------------------------------------------------------------------
6. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage) Injury to nervous system and person, emotional distress ,
pain and suffering, fear of cancer
---------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated
amount of .any prospective injury or damage. )
Estimation based on seriousness of exposure and.
fear of future injury
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
Dr. Thomas 0. Hilliard, 426 17th, Suite 200', Oakland, CA 94609; Calvin Banks, 847 35th St. ,
Richmond, CA 94805; Andrew J. Banks, 20 Oakbrook Pl. , Pittsburg, CA 94565; Charles H. Hine,
M.D. , 357 Tehama St. , Suite 300, San Francisco, CA 94103; Brookside Hospital, 2000 Vale Rd. ,
San Pablo, CA; Kaiser Hospital, 901 Nevin Ave. , Richmond, CA 94801; Melvin Lipsett, M.D. ,
2232 Carleton, Berkeley, CA 94704
-------------------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury:
D ,.......�..., .._. .. �. ,..... ITEM AMOUNT
Presently unknown
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf. "
Michael rag
Name .and Address of Attorney By
ROBERT C. SCHUBERT almant s Ak9nature
LAW OFFICES OF ROBERT C. SCHUBERT 971.4 acArthur B u evard
Three Embarcadero Center, Suite 1620 Address
San Francisco, California 94111 Oakland, California 94605
Telephone No. (415.) 788-4220 Telephone No.(415) 632-3625
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. "
1 PROOF OF SERVICE BY MAIL
2 I, the undersigned, state that I am a citizen of
3 the United States and am employed in the City and County of
4 San Francisco, State of California; that I am over the age
5 of eighteen (18) years and not a party to the within action;
6 that I am employed at the Law Offices of Robert C. Schubert,
7 Three Embarcadero Center, Suite 1620, San Francisco,
8 California 94111; that on the date set out below, I served
9 a true copy of the attached
10 CLAIM AGAINST THE COUNTY OF CONTRA COSTA
11
12
13 on the person (s) listed below, by placing said copy enclosed
14 in a sealed envelope with postage thereon fully prepaid, in
15 the United States Post Office mail box at San Francisco,
16 California, addressed as follows:
17 Clerk of the Board of Supervisors
County Administration Building, Room 106
18 651 Pine Street
Martinez , California 94553
19
20
21
22 I declare under penalty of perjury that the
23 foregoing is true and correct.
24 31st December
Executed this day of , 1985 in
25 San Francisco, California.
26
27 ,
28 arbara J. Holmes
uw O"c"Or
ROBERT C.SCHUBERT
SUITE 162.
TMRL L EMBARCADERO CENTER
SAN FRANCISCO,CA 94111
uieTBEuzO
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT January 28 ,' 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: ANDREW J. BANKS
Attorney: Robert C. Schubert JAN 0 S 1986
Law Offices of Robert C. Schubert
Address: Three Embarcadero Center, Suite 1620 Martinet, GA 9455
Amount: San Francisco, CA 94111 By delivery to clerk on
$100, 000. 00
CERT P P194096705
Date Received: January 2, 1986 By mail, postmarked on p,(.,mbpr i1 , 11 985
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: Tan-. 8, 1-9-8-6-. PHIL BATCHELOR, Clerk, By Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
('>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. 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. i. .�_i ��7 ; _�T By; _. --!ll 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 f the ard's Order entered in its
mit�gs for this date.
Dated: �H�V 2 ,�9�6 PHIL BATCHELOR, ClerkBy
yq , 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 lea a to �esent a late claim was mailed
to claimant.
DATED: JAN 2 8 1996 PHIL BATCHELOR, Clerk, ByAAA , Deputy Clerk
_4VI- 1 44oupi
cc: County Administrator (2) County Counsel (1)
TO: iARD OF SUPERVISORS OF CO 1, C Ya lication 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 or to personal property or growing crops must be presented
not later .than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911. 2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez, California 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity. .
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
of this form.
RE: Claim by ) Re , ing stamps
ANDREW J. BANKS ; 1%ECEIVED
JOIN a 1%6
Against the COUNTY OF CONTRA COSTA)
11ATC"EIo
or DISTRICT) ()IFOKI +rnCow s
SI
(Fill in name) )
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 100 ,000 . 00
and in support of this claim represents as follows:
----------------------------------------------------=-------------------
1. When did the damage or injury occur? (Give exact date and hour)
September 24 , 1985 at approximately 9 :00 p.m.
------------------------------------------------------------------------
2. Where did the damage or injury occur? (Include city and county)
818 West Gertrude , Richmond, California, Contra Costa County
----------------G-------------------.--H-o-w--d-i-d--th-e---d-am--a-g-e--o-r-injury occur. ive full detais,-u--se---x--r --
.
sheets if required)
Claimant, a Richmond firefighter, responded to a fire at the above
time and location. In the course of fiahting the fire, claimant
was exposed to PCBs and other toxic chemicals.
- -- -------------------------------------------
4-.--Wh-at--particular------------act----or---o-mission on -the part of county or district
officers , .servants or employees caused the injury or damage?
Failure of County and its Health Services Department to clean up
or adequately post the property, or require the landowner to do so.
(over)
5_.; at are the names . county or district offices. , servants or
loyees causing the damage or injury?
Unknown
- ---- ------ -- --
- ----------------------------------------------------
.--What-damage-or-injuries do you claim resulted? (Give full extent
of injuries or damages claimed. - Attach two estimates for auto
damage) Injury to nervous system and person, emotional distress ,
pain and suffering, fear of cancer
- -----------------------------------------------------
7.--How was the amount claimed above computed? (Include the-
- estimated
amount of any prospective injury or damage. )
Estimation based on seriousness of exposure and fear
of future injury
--------------=----------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
Calvin Banks, 847 35th St. , Richmond,. CA 94805 ; Michael Bragg, 9714
MacArthur Blvd. , Oakland, CA 94605 ; Charles H. Hine, M.D. , 357
Tehama Street, Suite 300 , San Francisco, CP. 94103
-------------- -------------------------------------------------- --
9. List theri�err� oer-fade on account of this accident or injury:
D E r. ,.•t r. s- ► ITEM AMOUNT
Presently unknown
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person op his behalf. "
nc�re J. Banks
Name .and Address of Attorney By
ROBERT C. SCHUBERT ` Claiman 's gnature
LAW OFFICES OF ROBERT C. SCHUBERT 20 •O krook P1.
Three Embarcadero Center, Suite 1620 Address
San Francisco, California 94111 Pittsburg, California 94565
Telephone No. (415) 788-4220 Telephone No. (415) 439-2214
NOTICE
Section '12 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
1 PROOF OF SERVICE BY MAIL
2 I, the undersigned, state that I am a citizen of
3 the United States and am employed in the City and County of
4 San Francisco, State of California; that I am over the age
5 of eighteen (18) years and not a party to the within action;
6 that I am employed at the Law Offices of Robert C. Schubert,
7 Three Embarcadero Center, Suite 1620, San Francisco,
8 California 94111; that on the date set out below, I served
9 a true copy of the attached
10 CLAIM AGAINST THE COUNTY OF CONTRA COSTA
11
12
13 on the person (s) listed below, by placing said copy enclosed
14 in a sealed envelope with postage thereon fully prepaid, in
15 the United States Post Office mail box at San Francisco,
16 California, addressed as follows:
17 Clerk of the Board of Supervisors
County Administration Building, Room 106
18 651 Pine Street
Martinez , California 94553
19
20
21
22 I declare under penalty of perjury that the
23 foregoing is true and correct.
24 31st December
Executed this day of , 1985 in
25 San Francisco, California.
26
27
28 Barbara J. Holmes
LAW OFFICES OF
ROBERT C.SCHUBERT
SUITE 1620
THREvE�E.M�BARCADERO CENTER
SAN;CNCISCO,CA 94111
14151 75-22D
13
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT January 28 , 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: CALVIN BANKS
w,f`►v :rn!nsei
Attorney: Robert C. Schubert
Law Offices of Robert C: Schubert JAN O s 1986
Address: Three Embarcadero Center, Suite 1620
San Francisco, CA 94111 MarURer, CA 94553
Amount: $100, 000. 00 By delivery to clerk on
CERT P 194096703
Date Received: January 2, 1986 By mail, postmarked on December 31 , 1985
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: Jan. 3 , 1986 PHIL BATCHELOR, Clerk, By 0 Deputy
nn I Cer i
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: .. %_ [.1/_' ` / / '; By: %c c _ {_ %, < _! �' _/ _ 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
(�4 This claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy the ,;%OardIs Order entered in its
minutes for this date. t
II
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 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 present a late claim was mailed
to claimant.
DATED: JA n 2 8 19SE PHIL BATCHELOR, Clerk, By JJJ Deputy Clerk
cc: Countv Administrator (2) County Counsel (1)
f
CLP-� M. T6: CiARD OF SUPERVISORS OF COIy_ . a COP�r@9WYappucation to:
Instructions to ClaimantC!erk of the Board
P.O.Box 911
Martinez,Califomia 94553
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later .than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911.2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez , California 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity. .
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
of this form.
RE: Claim by ) Reserved for Clerk' s filing stamps
CALVIN BANKS
RECEIVED
Against the COUNTY OF CONTRA COSTA) JAN `91
or DISTRICT) r #AtCMEI
E�a
F i 11 in name) ) ca r� cusrA o
w
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 100 ,000 .00
and in support of this claim represents as follows:
----------------------------------------------------=-------------------
1. When did the damage or injury occur? (Give exact date and hour)
September 24 , 1985 at approximately 9 : 00 p.m.
-------------------------------------------------------------------------
2. Where did the damage or injury occur? (Include city and county)
818 West Gertrude, Richmond, California, Contra Costa County
------------------------------------------------------------------------
3. How did the damage or injury occur? (Give full details, use extra
sheets if required)
Claimant, a Richmond firefighter, responded to a fire at the above time
and location. In the course of fighting the fire , claimant was exposed.
to PCBs and other toxic chemicals .
-------------------------------------------=----------------------------
4. What particular act or omission on the part of county or district
officers , .servants or employees caused the injury or damage?
Failure of County and its Health Services Department to clean up or
adequately post the property, or require the landowner to O.o so.
(over)
5. What are the names . county or district office( : , servants or
employees causing the damage or injury?
Unknown
a
----------am------or---------------------------------resulted?-----(Gi--ve---full-------extent-------
6. Wht dinjuries do you claim
of injuries or damages claimed. Attach two estimates for auto
damage) injury to nervous system and person, emotional distress ,
pain and suffering, fear of cancer
-------------------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
Estimation based on seriousness of exposure and fear of
future injury
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
Michael Bragg, 9714 MacArthur Blvd. , Oakland, CP_ 94605 ; Andrew J. Banks ,
20 Oakbrook Pl. , Pittsburg, CA 94565 ; Charles H. Hine, M.B. 357 Tehama. St. ,
Suite 300 , San Francisco, CA 94103
-------------------------------------------------------------------------
9. List the expenditures you made on account of this accident ar injury:
'�' .' . ..�.... �._. :.,.,.......:.f ITEM AMOUNT
I
` '' ]F?esently unknown
t
i
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) pr---by some person on his behalf. "
a v n FanK
Name and Address of Attorney By t I.L,
ROBERT C. SCHUBERT Claimant slgnature
LAW OFFICES OF ROBERT C. SCHUBERT 845th Street
Three Embarcadero Center Suite 1620 pp,,�
San Francisco, California 94111 RichmonZf;r �ifornia 9x805
Telephone No. (415) 788-4220 Telephone No. (415) 237-17.64
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. "
1 PROOF OF SERVICE BY MAIL
2 I, the undersigned, state that I am a citizen of
3 the United States. and am employed in the City and County of
4 San Francisco, State of California; that I am over the age
5 of eighteen (18) years and not a party to the within action;
6 that I am employed at the Law Offices of Robert C. Schubert,
7 Three Embarcadero Center, Suite 1620, San Francisco,
8 California 94111; that on the date set out below, I served
9 a true copy of the attached
10 CLAIM AGAINST THE COUNTY OF CONTRA COSTA
11
12
13 on the person (s) listed below, by placing said copy enclosed
14 in a sealed envelope with postage thereon fully prepaid, in
15 the United States Post Office mail box at San Francisco,
16 California, addressed as follows:
17 Clerk of the Board of Supervisors
County Administration Building, Room 106
18 651 Pine Street
Martinez , California 94553
19
20
21
22 I declare under penalty of perjury that the
23 foregoing is true and correct.
24 31st December
Executed this day of , 1985 in
25 San Francisco, California.
26
27
28 Barbara J. Holmes
Or r"CEB Or
ROBERT C.SCHUBERT
BOITE 1420
TMRCE EMBARCADERO CENTER
SAN;IMCISCO,CA 94111
uiBmas:D
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT January 28 , ' 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: 'ISABEL SOUZA
Attorney: John H. Mount D k C 3.1 1985
Address: 43 Panoramic Way
Walnut Creek, CA 94595 Hand delivered maine1, CA
� 94553
Amount: $1, 000, 000. 00 By delivery to clerk on December 31, 1985
Date Received: Dbcember 31, 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. 31, 1985 PHIL BATCHELOR, Clerk, By Deputy
nn
erviellf
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: 6c _ }, z.:< % % <. 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 Order entered in its
minutes for this date.
Dated: JAN 2 a 1996 PHIL BATCHELOR, Clerk, By . ° , Deputy Clerk
WARNING (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6) months Pram 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 . ur 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 1 e to p esent a late claim was mailed
DATED- M* PHIL BATCHELOR, Clerk, By a , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
r .-
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CONVappiication to:
Instructions to ClaimantC!erk of the Board
5i P, e ,S/,,, 1,io 6
Martinez,California 94553
A. Claims relating to causes of action for death or for injury -to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911.2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez, California 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity.
E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end
of this form.
RE: Claim by )Rene 'ng stamps
D56,31,1985
Against the COUNTY OF CONTRA COSTX)
►Mil BATCHELOR
or DISTRICT) E oAID01 K ►SORS
NIRA CO511 p
g . .. .. ..
Fill in name )
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ A
and in support of this claim represents as follows: --'
------------------------------------------------------------------- ----
1. When did the damage or injury occur? (Give
exact date and hour
C- , 3 i,C5
2. W�iere did the damage or injury occur? (Include city and county)
3. How did the damage or injury occur? (Give full details,-Ng-extra
sheets if required)
4. What particulaact or omission on the part of county�r di
r �Uict
officers, servants or employees caused the injury or damage?
�� C`c
wi 1
V (of�r)
i
5. -What are the names of county or district officers, servants or
employees causing the damage or injury?\ 1 C\e(-)Sc) I—)
6. What damage or injuries do you claim resulted? Give full extent
of injuri s or damages claimed. \ttach two estimates for auto
damage) CC�� �
------------ ---------------------------------------------------- ------
7. How was the amount claimed above computed? (Include the estim ted 1
amount of any prospective injury or damage. )
-- --------------------------------------------------------------------
8.--Naames and addresses of witnesses, doctors and hospitals.
9. -Lis e. itmade on account of this accident or injury:
�1 � s TZr -AMOUNT
+t�t�t**ltak �t�t*�t.ik*��t**vt±kit�t�k�t�t.*attt*tt�t�tdtltit*�ttk*�t*lt�t�t�ttt�tytdt�Fdtit�t�tyt�k�ktt�t�t�t�tlt�t�t�t�tyFttttyt�t�t
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
s Signa e
Address,,
t
9 (4"
5_ ��Ocx�� -
Telephone No. 13�—�1 L4 Telephone No. �c C.�`J —C)
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. "
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAp4M January 28 , 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: MARIA C. MARTINEZ and ELOY CARRILLO Colinty COMM'
Attorney: JAN O 4 1986
Address: 9859 Broadmoor Drive Martinez, CA 94554
amon, CA 94583 Hand delivered
Amount: San an RRao By delivery to clerk on January 2 . 1986
$26Date Received: January 2, 1986 By mail, postmarked on
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. I
Dated: Jan. 3 , 1986 PHIL BATCHELOR, Clerk, By ° Deputy
_Q;n 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: � '��'-i! ',' r / /, /'� : By: U - • �- , rc:%_�� �� ;_�; _ 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
(}9 This claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
Dated: PHIL BATCHELOR, Clerk, By A 464 , , 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 ve to esent a late claim was mailed
to claimant.
DATEWAN 2 819% PHIL BATCHELOR, Clerk, By Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM TO; BOARD OF SUPERVISORS OF CONTRA C(**rf4 Xapplicationto:
Instructions to ClaimantC'•erk of the Board
• �SiP,� e 5�.� Nro„
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
o his form.
RE: Claim by )ReserirpA g stamps
M AQt A C . HAQt/AIE Z )
) I
FLo CR WL( o )
JA P , 1986
Against the COUNTY OF CONTRA COSTA) I;:o Pm.
PW MTCHROR
or DISTRICT) n°i,°►IS &WIS
Fill in name )
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 2 63.OD
and in support of this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour]
DEGCN6C2 .2 / 14 kg AT /O: 10 AH
2. W�iere did the damage or in3ury occur? (Include city and county)
SA#V 2 AHO&J Co NfkA Cos+n couNf y
3. How did the damage or injury occur? (Give full details, use extra
sheets if required)
THEY -touwcd. fhe Ct4p -tk qt w AS PAkteCD ru FROAlf OF"
v � U WP-c, vcd
out HOUSE Xy .
�EE l�effz2 ri ftnCtied 1
4. What particular act or omission on the part of county or district
officers , servants or employees caused the injury or damage?
FArLCO lo 6bSe2Ved Ac hr.
Vekic-Le Cobc 22.68 /.
(over)
5. What are the names of county or district officers, servants or
employees causing the damage or injury?
GONf'4A COStA She- 'Z'rF -CO2oAJ�R
---------------------------------------------------- -----------------
6. What damage or injuries do you claim resulted? Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
-t-ow ��,� �- s•+oR R�r- G1�.A2gFS_ $ -�,6 3,o� .
-----H- - - - -------------------------------------------------
7. ow---was---T-he--am-oun--t--claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
sem �eG�eP f atria c I,.ed
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
C(LUZ CArMiLCo R06Z DovC LN� , wrNvs�e, CA. 95`1QZ
7oSE 2eYNOZ19 it n �• �� et a
F-Hr4/•1 FCYNGZ4
EL6X CA IC/2 o 9�s{t Ci�2oAoNta R �►'• SAN ��rtoN SPYlb�3
w+rrW. ---- ------------------------------- ----------
WOW"," -
di-tures ou made on account of this accident or injury:
.. -e
ITEM AMOUNT
-MW r g 4 241.0 a
d-
Sio na GE
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
EL.oV 6RP2c L C o Clai n ' s Si nature
9k-r9 4ILoAhM �oaAY. 9tc�4 Rna►aD NGd�2 DY.
Address
SA*j ItAH&v , CA . 911583 SAg koHnQ rA . i6/m
Telephone No. (y/�J �z3- .�,i�Z4 Telephone No. kJO X523-x%-2-9
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. "
2
r �
SAVE TOW
- Of Dublin
' P. %.Boz-2625
DUBLIN, CALIFORNIA 94568
(415)829.4637 Rr
DATE TIME REOUESTED BY
lv-i&r�
TJ
. . ter LOC#rION rICLr
.t 'sem __. _..._...._. ,/•V/ .._ .
NAME _ -
_ - ADDRESS-.._.----------------'•-------�------------------__.....----------
MILEAGE SERVICE TIME, EXTRA PERSON
3 fi '.ra = '' FINISH FINISH FINISH
z-r.asp- rte•
i-�Av,.6 START START START
TOTAL TOTAL TOTAL
YEAR MAKE/M CO R - ERI LNO.
! " VEJ(110tt LICENS NO. DRIVER
37
START ❑ LOCK OUT ❑ / (F ❑ DOLLY ❑
- _ BATTERY�❑ WET ❑ /r II'`y AS [3FLAT TOW 0
BRAKES ❑ FLOODED S RECK ❑ HOIST TOW
. ,...:-. .. ._.._..may.
••::. .,y,-�„- :;n. . ."
TMED TOff4/1�t
-
Pk REMARKS MILEAGE CHG. I
"TOWING CHG. 1
.LABOR CHG.
--_
STORAGE CHG.
I
I
(MECH Ir 1P NATtAQ - -
TOTAL
` KQF#4D-fflS^AVJNW-J /I
serv-ice,
PRODUr613.3®Inc..Groton.Mass.01471.
I' .`,.fir
C .
f1\^ \(,(1L11T l .SC�'.L. C�l7 C.n�i�.�` e.a o. .�.• o.- .a.wo o....•.....r.,e..a .._...
n C"•i� f223 52 �12/4/E5 12/2/85 85-28185 '
V r .Cc Ur S 1 OF+CD VEHICLE (2_ ,�_ CVCJ
A.-ATTEi1TION VEHICLE C :NEF:
The vehic.'a idcntE`ird b?low, re-
in ycu• name, has beef+ sacred pursuant :o the prof:sicns of :he Vehie!e Cod± b/ :Fa
CSC•"_ CJSC = CJU=.C: She-Zi
L,Ir.def tha provisions of Sec:ion 2=EE_ of t`e Va':ic!:! Cade,ycu have a -rrht to a hearing-a de: mn:re t`-! ratio:j of
dds:._ :C CCr tae:. ..he val'.di:y of this •:C::C' yC: ...,;i:re-,u'_'TC the hearing in wri;ing,in perCn,Of by Cel:;lCf: 3C*"e Ofs::! IL��-:Iflt�as
the "S.cr-^.y^ 0!;7c2'* on this for^1. Th,- vehic!: st:r:zce `eiriry is Sn in:or.al pracm: Co de'er.m.:rt whe:%--er cr nc. a vehid!t has bei^
S=-?d !awfully.
Ycur re- es: fer a hearing frust to rec_i-.ed wi-thin ter. (10) days `rcm. the date of this Nc:ice. If ycu a ha2rirg it will be cc--
c_c:2d wi:hin dS hcu:s of ;;.e reques•, excluding •rrettkends and hclidsys. Ycur failure :o re—q--es: ar at:=nd a schedu:ed hesrarg shall
•
shall ss-:s^; the Pa.t-Ster2ce Validity Ne=ring re-q--re^ent: of Sac:..... 225:=of the Vanic!e Code.
It L1e he--ring determines the s:orae=:o ba inrslid,:f a 'She -will be res*orsE'aIe fer the:e•:ring and s'-rsge chsr:es. If
you have any Saes.-cns, or if this ve^ic!e is no lerger owned by ycu•please ccnt:c:the s::ri _C`=
♦... .w0 r . I<00T iT.♦• LIC<.•af w.Ir ff f,...rs pwe Taa• nr.wt wr•f• •
76. Pontiac Lemans 4 door f 366 UWZ �•
•Yo.IClt 2D29Z6P232602O•.TIIIC•TIOw wNr•f• �OOOr/Till ••.a.n3 �<<wlCi• COwOITIOw 4a j.C=jk z.'e(rr-ur _
• ••ate ^^ T-�•'•�° r
r�Tfi G we L uw.aww.. �•fi C wo -
..r.....rT_o.lisa .._I.a......... '
22651 «..e: U4 ... C.�..... ,r/
`.O f
OalfrO•IiaflOw/O• farOv.�•w0 •a•fOw•O• fT0•••:�
C1.63/( )VC _
ZLiff VC ,T
Cov..cw:
F I f
Maria martinez San Ramon PD
2711 Peridot Road
San Jose CA 95132 P_ L - r
S. NOTICE TO :Cc
we ho're F'tn _na�le CC g' _ nCaC2 :C ,1-8 C'...^.fl.' O°.__Ofd as .•?^_..__ Cy Sec:ior:220.E af C.V.C.,sne ih',ie:ic!E,of:?rtL0 c.
S-'_:-? h_s mc,teen NCTc-:i-d zz F. C. 6,:x 12- �, Sa.'ar..e. Calif.^rris 9=c i3. !e.•._ ��:--
C. CE-RTI"•CAT:C&% — ---- —
/her_=y .._._ :aresi.=�:� rr.� Uni:ed St.r_.:vail, an::i.a: t:=:a na:.:::,o`:fhic..
a
.o<_n•� o.•< ov•.a.•aa
L L C'... vtr!ICLs'.^=:]..T
Save Tow
6743 #6 Dublin Blvd
Dublin, CA 94568
L J L J
• CONTRA COSTA COUNTY—SHERIFF—CORONERggANDON ED, IMPOUND ED,RECOVEREU,U IUmLu UK
SE REVERSE FOR REPORTING 77LED1 RELEAS VEHICLE REPORT
STO'LE.Y VEHICLES AND PLATES
BEAT DIVISION DATE FC CASE FILE w
CAZPVO'�Xt Qls p4-1-CIM t�-Q,,c< t2—Z�,S 142 853 3b0IV tZ 85—�81 5"
TYPE OF REPORT(CHECK ONE) IF A RECOVERED STOLEN VEHICLE,HAS NEIGHBORHOOD OR AREA BEEN
ABANDOIYED ❑IMPOUNDED ❑STORED CHEC ED FOR LEADS OR CLUES?
ABATED ❑RECOVERED ❑RELEASED a5 ❑NOLIST LEADS OR CLUES IN REMARKS OR
EPARATE SHEET)
PERSON REPORTING OCCURRENCE ADDRESS �E j�2 TIMEAND
REPORTED
DATE
VL- ZZZ.2 �At`�*•JO "�► S•t? ►1• S �aL/0
DESCRIPTION AND OWNERSHIP
YEAR MAKE MODEL BODY TYPE LICENSE NUMSER�1 YEAR STATE COLOR ICOMRINATIONI
'76 _ r`��w s ti a�2 to USW a 8s cp �
VEHICLE IDEMTI/KATION NUMBER 'VIN) DOES VIN COMPARE DOES YIN APPEAR IS VIN CLEAR IN LIC. NUMBERS) ENGINE NUMBER (EN
WITH REG.CARD' ALTERED' SVS? CLEAR IN SVS'
:Dzq-laPZSz(6oZ C,vES [3/10 OYES MIND JZYES ONO 5,YES 110 "okc.�J
If STOLEN,NAME,DATE AND CASE NUMBER Of REPORTING AGENCY WAS VEH RETURNED TO STORAGE AUTHORITY
OWNER, ••''
E]YES 0110 ZZ4oSt `�/ V�G
LOCATION TOWED FROM WHERE STORED TI AND DATE TOWED
�2 e. Z-
gS' x030
NAME Of GARAGE ADDRESS PHONE
�ucQ QcaNJ '1 "7
REGISTERED OWNER ADDRESS PHONE
a,ti�a. •JtZ 2 t D ,a w.lk�1
LEGAL OWNER ADDRESS /�/ /NONE
s UV1R.It� /yJ
CONDITION AND INVENTORY
ODOMETER READING %� DRIVEABLE' $rUNKNOWN
STRIPPED? HAVE Y ENTERED MISSING, IDENTI-
SZD• �I OYEB 0010 $ UNKNOWN C3Yc3 JKNO OVES J ND FIAB RTS IN SVS'. OYES [3N0
ITEMS YES NO I ITEMS YES NO ITEMS YESI NO ITEMS YES,NO ITEMS CONDITION
SEAT(IO)-BUCKET CLOCK ENGINE TRANSMISSION TIME S/WN[E LS
KAT (/BONY) IGVITION KEY CARSURETORI S) K AUT0MATICI*j1 L[►t/BONY
SEAT (KLAN) REGISTRATION ALTERNATOR S SPEED ( 1 m. RIGHT IRONT
RADIODR. LIGHTS(R 1 G[NERATOA 4 SPEED 1 1 LEFT REAR
TAPE D[ S.MIRROR(S)(RZ) x BATTERY HUB GAPS (R I RIGHT REAR (L\V, GJwA
TAPES (R 1 GRILL AIR CONDITIONER MAG WHEELS SPARE QL44 di
LIST PROPERTY, TOOLS, AND DESCRIBE VEHICLE DAMAGE IN REMARKS SPACE.
REMARKS (If ARREST MADE, INDICATE fUL(. NAMES,CHARGES,AND WHERE DETAINEMIUSE ADDITIONAL BLANK SHEETS, If REpU1RED)
-m
��� ���IMaZ1�� C5� •�o� C{tjZ ,S Z- �- �
OffICER DER yy V��H ICLE STORED REVIEWED BY: GARAGE P N I AGENT STORING VEN (SIGNATUREI TIME AND DATE
xZ.Z OT2 x -
(FOR OFFICE USE ONLY) APPRAISAL,RELEAS S SIT10N
RECOVERY TELETYPE(DATE AND REQUIREO NOTICES SENT TO STORAGE AUTHORITY CONCERED DATE
NUMBER) REGISTERED 6 LEGAL OWNERS&
❑YES❑ NO GARAGE(SEC.22852
V I-
IF NO IS CHECKED,INDICATE REASON CAVA PROGRAM RELEASE-VEHICL
APPRAISEDTIME AND DATE SIGNATURE OF PERSON AUTHORIZING RELEASE
VALUE OF APPRAISAL
APPRAISING OFFICER'S SO TURE 1.0.NUMBER AODRES5
SEC.22704 VC
ROUTE TO CRIME vs CORONER OTHER CERTIFICATION: I THE LWDERSIGNED. DO HEREBY CERTIFY THAT
PERSONS I AM LEGALLY AUTHORIZED AND ENTITLED TO TAKE POSSESIO.\'
OF ABOVE DESCRIBED I'EHICLE.
CRIME vs SPEC.SVCS PATROL SIGNATURE OF PERSON TAKING POSSESION.
PROPERTY
PF—w9 REV.2/79
PAGE I OF
�s
9859 Broadmoor Dr.
San Ramon, Ca. 94583
December 19, 1985
Contra Costa County
Sheriff-Coroner
San Ramon, Ca.
Attentions Sergeant Abbey,
We are here to show you the evidence that our car , a 1976 Pontiac
Lemans, licence plate number 366 UWZ, was moved on friday, November
29, 1985 at 5s00 pm, and sixty two hours later the car was authorized
by the Sheriff 's Department to be towed away. (See attachment "A" for
the evidence)
We here-by request the Sheriff 's Department to order the Save Tow
Company to return our car to 9859 Broadmoor Dr. , San Ramon. We are
also requesting the Sheriff 's Department to pay for all towing and
storage charges incurred by the unlawful towing of our car.
Please Acknowledge this request with your signature.
--------------------------
Sheriff-Coroner
Maria Martinez , Registered owner
Eloy Carrillo, Husband
gTTAGhrjENT qpA8E L OF-—2-
THIS
THIS CFQ,T,F/FS -THAT" C202 jC-AQR,LLo 9005E Reywz*j
At`1D ELoy CAQQ,�. o fo$Eth.eP 1 M0rlEp -t-t,e, rc(-t 6 pw-h 4c.
-ei--tAN s 4 r cr-W1 ,C- # 3 6 6 O wZ j)N F 2)bAy ) NoVcjrt be i.
1cjkS A-t- S'00 PH � F�
S W �CIn WS 1121C.E0 ON FRdklt"
aF ELvY CJ4rtRr l.Lo!s NONE
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w r tiVESS G�' „� e
R013ff2-{o c.44R14.-o MAKIN C,,7YU-11NE Z.
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA CO Nff CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT
January 28 , 1956
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: -GERALD AND PATRICIA ORTLAND
Attorney: H. Sinclair Kerr, Jr.
Kaus & Kerr '!1 r C 3 1 1985 -
Address: 155 Montgomery Street, Eighth Floor
San Francisco, CA 9410 From ��p o •�o�t���ez CA 9453
Amount: Exceeding $100, 000. 00 deIivery�b clerk on December ,3 1985
Date Received: December 30, 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. 31 , 1985 PHIL BATCHELOR, Clerk, By 0- a Deputy
A,n CerveI
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: Deputy County Counsel
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
This claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy oft Board's Order entered in its
min for this date.
Dated: .JH��VV 8 1986 PHIL BATCHELOR, Clerk, By , P � ::) , 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 leav to prPent a late claim was mailed
to claimant.
DATED:JAN 2 81986 PHIL BATCHELOR, Clerk, By , a , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
1 H. Sinclair Kerr, Jr. ��
KAUS & KERR i
2 A Professional Corporation
155 Montgomery Street PEC3U 1985
3 Eighth Floor
San Francisco, California 94104 PISILRATCNEIOR
LERK FX Of SUE rSORS
4 Telephone: (415) 981-7780 s CftXjAcgsr
. o
5 Attorneys for Claimants
6
In the Matter of the Claim of: )
7 )
GERALD J. ORTLAND and )
8 PATRICIA ORTLAND, ) CLAIM FOR DAMAGES
9 Claimants, )
10 vs. )
11 CONTRA COSTA COUNTY, )
and DOES 1 through 25, )
12 inclusive. )
13
14 Claimants, Gerald J. Ortland and Patricia Ortland, hereby
15 present this claim to Contra Costa County ("Contra Costa")
16 pursuant to section 910 of the California Government Code.
17 1 . The post office address of claimants is as follows:
18 P. 0. Box 677, Diablo, California 94528.
19 2. The post office address to which claimants desire
20 notice of this claim be sent is: H. Sinclair Kerr, Jr. , Kaus &
21 Kerr, 155 Montgomery Street, Eighth Floor, San Francisco,
22 California 94104.
23 3. On or about September 19 , 1985, claimants Gerald J.
24 Ortland and Patricia Ortland were lessees of real property owned
25 by Harold Benner and Louizabel Benner, and located at 62 Rheem
26 Boulevard, Orinda, California 94563.
y ;
1 4. On or about September 19, 1985, a sewage backup and
2 sewage overflow caused damage to claimants ' property. Contra
3 Costa was negligent in failing to properly design, construct, .
4 place, install, maintain, manage, control and/or repair its
5 sewer system.
6 5. So far as is known to claimants as of the date of
7 . filing of this claim, claimants have incurred damages in an
8 amount exceeding $100, 000.
9 6. Claimants do not know the names of the public employee
10 or employees, or entity or entities, who are responsible for the
11 condition (s) which caused the damage and therefore designate said
12 employees and entities as Does 1 through 25.
13 7. At the time of presentation of this claim, claimants
14 claim damages exceeding $100,000 computed on the following basis:
15 a) property damage, out-of-pocket expenses, and legal fees
16 exceeding $50,000;
17 b) emotional distress exceeding $50,000.
18
19
20 Dated: December 26, 1985.
21 KAUS & KERR
22
23 By 9-_4d,4,� r
H. Sinclair Kerr, Jr
24
ccc:tl01
25
26
-2-
BOARD OF SUPERVISORS OF CONTRA COSTA =NrY, CALIFORNIA
BOARD ACTION
Claim_Against the County, or District ) SIC, TO CLAIMANT January 28 , 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
(;pi.3nty C;1uI1sP.i
Attorney: JAN 16 1986
Address: 1341 Garvin Avenue, "D" Martinez,,,CA 94553
Richmond, CA Hand '.delivered
Amount: By delivery to clerk on January 15 , 1986
Date Received: January 15, 1986 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: Jan. 15 , 1986 PHIL BATCHELOR, Clerk, By Deputy
II. FROM: County Counsel TO: er o e Board of Supervisors
(Check only one)
(X) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8)..
( ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
Dated: _ By; v<_ , ; ' -!= <-'��y - Deputy County Counsel
III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
t)< This claiLis rejected in full.
( ) Other:
I certify that this is a true and correct copy of th Boardts rder entered in its
minutes for this date.
DatedgN2 a 122fi PHIL BATCHELOR, Clerk, By o , Deputy Clerk
WARNING (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6) months Prem the date of this
notice was personally served or deposited in the mail to file a court action on this
claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this
matter. If you want to consult an attorney, you should do so immediately.
V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
Attached are copies of the above claim. We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a memo thereof has been filed
and endorsed on the Board's copy of this Claim in accordance with Section 29703.
( ) A warning of claimant's right to apply for leave to present a late claim was mailed
to clai
DATED:,JA N 2 8� 6 PHIL BATCHELOR, Clerk, By , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
r
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
LL J
RECEIVED
TO: John W. McDonald
1341 Garvin Ave. , "D" Jl�t�
Richmond CA
t4SP � .
it r►m LATCHROR
ERKI
Re: Claim of JOHN W. McDONALD to T COSI C
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,,twhich
the person presenting the claim desires notices to be sent.
x 3 . The claim fails to state the date, pt1acwKx=xxbheaxxxkmaxx-x
sbanct3scof 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.
5. The claim fails to state the amount claimed as of the date
of presentation, the estimated amount of any prospective
injury, damage, or loss so far as known, or the basis of
computation of the amount claimed.
6. The claim is not signed by the claimant or by some person
on his behalf.
X 7 . Other: Please indicate the date the property was missing.
1) C'VICTOR J. WESTMAN, County Cou�1 �1
By:
De ut ount Counsel
P Y Y
CERTIFICATE OF SERVICE BY MAIL
(C.C.P. §§1012 , 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 copy of this Notice of Insufficiency and/or Non-Acceptance of
Claim by placing it in an envelope (s) addressed as shown above (which
is/are place (s) Navin,.; delivery service by U.S. TM3a:; 1) , which envelope (s)
was then sealed and pc Cage fully prepaid thereon, and thereafter was,
on this day deposited i the U.S. Mail at Martinez/Concord, Contra
Costa County, California.
I certify under penalty c perjury that the foregoing is true and
correct.
Dated: at Martinez, California . (�
7
cc: Clerk of the Board of Super :cors iginal)
,Administrator
(NOTICE OF INSUFFICIENCY OF C IM: GOVT. C. §§910, 910.2 , 910.4, 910.8)
/./3
APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT January 28 , 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
(All Section References are to ) the Board of Supervisors (Paragraph III, below),
California_ Government Code.)_ ) given pursuant to Government Code Sections 911 .8 and
915.4. Please note the "WARNING" below.
Claimant: LARRY CLARK MILLER D-06460 Tutinty ",nsmsel
Attorney: In Pro 5e
,1 A N 4 z,19.86
Address: P.O. Box 8101 AQ1165 Martinez, CA 94553
San Luis Obispo, CA 93409-0001
Amount: $50, 000. 00 By delivery to Clerk on
Date Received: January 2 , 1986 By mail, postmarked on December 31, 1985
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Application to File Lat Claim.
DATED: Jan. 3 . 1986 PHIL BATCHELOR, Clerk, By OJ I AA i Deputy
er e i
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911..6).
The Board should deny this Application to File Late Claim (Section 911.6).
DATED:�f; _c �c.iZ %;EVICTOR 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: 'JAN 2 8 1986 PHIL BATCHELOR, Clerk, By d 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 Administrator
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Board's copy of this Claim in accordance with Section
29703.
DATED: JAN 2 81986 PHIL BATCHELOR, Clerk, By L LAi Ia 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
t I
1 LARRY CLARK MILLER D-06460
PO BOX 8101 AQ1165
2 SAN LUIS OBISPO, CA 93409 0001
3 (CLAIMANT, IN PRO BE)
4
5
6
7
8 In the Matter of the Claim of )
LARRY CLARK MILLER, )
9 )
Claimant CLAIM OF LARRY CLARK
10 MILLER AGAINST THE
V. CONTRA COSTA COUNTY
11 SUPERIOR COURT AND DOES
I-X, PURSUANT TO GOVERN-
12 Contra Costa County Superior ) MENT CODE SECTION 910
13 Court, DOES I-X. )
14
15
16 LARRY CLARK MILLER, hereby presents this claim
17 to the Contra Costa County Superior Court pursuant to
18 Government Code, section 910.
19 1. The name anti post office aiAress of
20 claimant is as follows:
21 LARRY CLARK MILLER D;o06460
PO BOX 8101 AQr1165
22 SAN LUIS OBISP09 CA 93409 0001
23 2. The post office address to which Larry
24 Clark Miller desires notice of this claim to be sent is
25 the same address as number 1.
26 3. On December 12, 1983, the California
27 Court of Appeal, First Appellate District, Division Four,
28 reversed the Contra Costa County Superior Court conviction,
1
, 0 4
1 People v Miller, case number 25588. As a result of the
2 reversed conviction, Claimant spent 24 months in state
0
3 prison anri loss of freeAom. As a result of the reverseA
4 conviction, Claimant has suffereA not only loss of freeAom,
5 but loss of wages, estimateA at $ 50,000.00 . As a
6 result of the reverseA conviction, Claimant has suffereA
7 mental anA emotional suffering anA anguish.
8 4. Claimant is informeA anA believes, alleges
9 that the Contra Costa County Superior Trial Court, erreA
10 in Aenying the motion to compel Aisclosure of the iAentity
11 of the confiAential informant. As a result of saiA error
12 the First Appellate Court reverseA the conviction baseA on
13 this error, with instruction to remanA to the trial court
14 for an in-camera hearing in accorAance with the proceAures
4 15 set forth in Evir4ence CoAe section 1042, subAivision (A).
16 5. Claimant is informe,4 anA believes, alleges
17 that upon being returneA to the Trial Court from State
18 Prison, that the Trial Court anA Prosecution was unable to
19 proceeA with the Appellate Court's orAers of reverse anA
20 remanA, because of lack of witness anA eviAence. As a
21 result of this Trial Court' s error, charges were AismisseA
22 against Claimant anA no further proceeAings were hel,1.
23 6. Claimant is informeA anA beleives, that
24 this Trial Court erreA anA abuseA its ju,4icial Aiscret'ion.
25 Claimant to Aate has suffereA loss of freeAom anA wages
26 amounting to $50,000.00 In aAAition, claimant seeks
27 $55,000 for physical pain anA suffering, emotional trauma,
28 an,' physical Aisability occasioneA by the callous, over-
t
1 crowAeA , Aebilitating, anA Aenumanizing conAitions of
2 the ware-houseA prison that Claimant was incarcerateA in.
3 Claimant suffers from Arug aAAiction, anA the above
4 AescribeA conAitions of the erroneous prison sentence has
5 further aggravateA Claimant's alresAy worseneA conAition.;
6 In aAAition, it is not clear at this point,
7 if any, future meAical treatment will be requireA. In
8 aAAition, claimant anticipates suffering further emotional
9 pain anA trauma, further Aisability, possibly permanent,
10 with possible continueA emotional trauma anA Aistress.
11 Because his prognosis is uncertain anA not known. to
12 Claimant, such Aamages are Aifficult to approximate, anA
13 claimant claims $30,000.
14 7. Finally, claimant is informe,4 ani? believes
15 anA on such information anA belief, alleges that the court's
16 error anA Recision was mage knowingly, willfully with intent
17 of malice anA oppression, anA in conscious AisregarA of
18 Claimant's civil rights, anA claims punitive Aamages in the
19 sum of $100,000.
20 On the basis thereof, Mr. Miller claims
21 $ 235,000.00
22 I Aeclare unAer the penalty of perjury that
23 the foregoing is true anA correct.
24 ExecuteA this 23A Alay of December, 1985,
25 San Luis Obispo, California.
26
27 BY:
R
28 CLAIMANT IN PRO BE
3
1 LARRY CLARK MILLER D-06460
PO BOX 8101 AQ1165
2 SAN LUIS OBISPO, CA 93409 0001
.r.r
3 (CLAIMANT IN PRO BE) RECEIVED
4
JAN A, 1986
5 SATCWtCW
ERK!O D Of.SU►E
r6 C T COSTA
8 In the Matter of the Claim of )
LARRY CLARK MILLER, )
9
Claimant, APPLICATION TO FILE LATE
10 CLAIP'! AGAINST A PUBLIC
V. ) ENTITY
11 )
Contra Costa County Superior )
12 Court DOES I-X. )
13
14
15
16 LARRY CLARK MILLER, hereby applies to the
17 Contra Costa County Board of Control, Contra Costa County
18 Board. of Supervisors for leave to present a claim against
19 said Contra Costa County Superior Court anA it' s Officers
20 pursuant to section 911.4 of the California Government
21 CoAe.
22 1. The cause of action of LARRY CLARK MILLER,
23 as set forth in his proposeA claim attacheA hereto, accrueA
24 on December 13, 1983, a period of 24 months (24) from the
25 filing of this application.
26 2. Claimant's reason for the delay in presenting
27 his claim against the Contra Costa County Superior Court is
28 as follows:
1
1 A. Claimant never receivers a copy of the
2 reversal from the First Appellate Court until May, 8, 1985
3 informing claimant of the court recision (see .attaches. .
4 orAer of the First Appellate District. )
5 B. Because of Claimant' s ignorance of the,.
6 law and prooeAural policy (govt. coAe section 910 et se q. ) ,
7 Claimant further suffers from a low level eAucation anA
8 without the assistance of another inmate, woulA of never
9 been able to present this claim (see affiAavit of inmate
10 Vincent J. Francis, C-63827, AQ1164 an,4 attacheA hereto. )
11 I Aeclare unAer penalty of perjury that the
12 foregoing is true anA correct.
13 Executes this the 23A Aay of December, 1985
14 San Luis Obispo, California.
15
16 BY ,
Y RLARK MILLER
17 CLAIMkT IN PRO BE
18
19
20
21
22
23
24
25
26
27
28
2
I LARRY CLARK MILLER D-06460
PO BOX 8101 A01165
2 SAN LUIS OBISPO, CA 93409 0001
' 3 (CLAIMANT IN PRO SE)
4
5
6
7
8 In the Matter of the Claim of )
LARRY CLARK MILLER, )
9 )
Claimant, AFFIDAVIT OF NEXT FRIEND,
10 VINCENT J. FRANCIS, IN
v. ) SUPPORT OF LARRY CLARK
11 ) MILLER'S CLAIM AGAINST
Contra Costa County Superior ) PUBLIC ENTITY AND APPLI-
12 Court, DOES I-X. ) CATION TO FILE A LATE
CLAIM
13 )
14 State of California
ss:
15 County of San Luis Obispo_:)
16 I, VINCENT J. FRANCIS, do depose anA state :
17 1. I am a prisoner incarcerateA at the
18 California Mens Colony, I am a frienel of the claimant,
19 anA I have personal knowleAge of the following stateA
20 information, anA if requireA, I woulA be competent to
21 testify in Claimant's behalf.
22 2. I have been incarcerates approximately
23 three years anA since my initial incarceration I have
24 Aevote,1 my time to learning the local, county, state and
25 feAeral law affecting state prisoners. I have met anA
26 talkeA with prisoner, LARRY CLARK MILLER, anA he mentioneA
27 that he fileA an appeal on his conviction, case number
28 25588, People v Miller, Contra Costa Superior Court. He
1
1 further informeA me that the appellate court reverseq his
2 conviction baseA on the trial court's error. He inquireA
I
3 to me for legal aAvice anA askeA if he haA any recourse
4 against the trial court for Aamages as a result of the
5 court' s error. I informeA him that he AiA , anA I also
6 informeA him that he woulA be requireA to file a boarA
7 of control claim, prior to filing a civil suit.
8 3. The claimant informeA me of the time
9 perioA that has elapseA since the appellate court's
10 reversal. I questioner' his ability anA askeA why he
11 waiteA so long in filing a late claim. He testifieA to
12 me that his reasons for not being able to file a claim
13 was because of his ignorance of the law, anA his low
14 level erlucation. He testifieA that his eAucation was
15 estimates: at a 6th graAe level anA he AiA not possess
16 the knowleAge anA er;ucation to submit a claim of this
17 nature. It was at this time that I volunteereA to assist
18 claimant anA I firmly beleive without my assistance,
19 claimant woulra of never been able to present this claim.
20 I Aeclare unAer penalty of perjury that the
21 foregoing is true anA correct.
22 ExecuteA this the L231aof December, 1985
23 at San Luis Obispo, California.
24
25 BY.- F U-73827
26 PO BOX 8101 AQ,1164
SAN LUIS OBISPO, CA 93409 0001
27
28
2
• AMENDEa
APPLYZrT(5N TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT January 28, 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
(All Section References are to ) the Board of Supervisors (Paragraph III, below),
California Goverment Code.) ) given pursuant to Government Code Sections 911 .8 and
915.4. Please note the "WARNING" below.
Claimant: MILTON WRIGHT
,nr�rse�
Attorney: William L. Baker DEC 3 11985
Greve, Clifford, Diepenbrock & Paras
Address: P.O. Box 2469 iv,drtinez, CA 94553
Amount: Sacramento, CA 95811--H?y4��livery to Clerk on
Comparative Indemnity
Date Received: December 30, 1985 By mail, postmarked on December 26, 1985
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Application to File Late Claim.
DATED: Dec. 31, 1985 PHIL BATCHELOR, Clerk, By 0
Deputy
Ann Cervelli
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6).
0/ ) The Board should deny this Application to File Late Claim (Section 911.6).
DATED: ' i P/.%j<; Al/`� VfCTOR WESTMAN, County Counsel, Byl cc _ ,_.-' •� fi_.� a i���sBeputy
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6).
CcM
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: J AN 2 8 1986 PHIL BATCHELOR, Clerk, By 0 ° Deputy
WARNING (Gov. Code 5911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such
petition must be filed with the court within six (6) months from the date your application
for leave to present a late claim was denied.
You may seek the advise of any attorney of your choice in connection with this
matter. If you want to consult an attorney, u should do so immediatel .
IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Board's copy of this Claim in accordance with Section
29703.
DATED: JAN 2 81986 PHIL BATCHELOR, Clerk, By 4 4W 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
LAW OFFICES OF
GREVE, CLIFFORD, DIEPENBROCK & PARAS
1000 G STREET, SUITE 400
POST OFFICE BOX 2469
CLAIRE H.GREVE EDWARD T.CLIFFORD SACRAMENTO, CALIFORNIA 95811-2469 OF COUNSEL
ANTHONY C.DIEPENBROCK GEORGE E.PARAS (916) 443-2011 IRVING H. PERLU55
GERARD A.R05E LAWRENCE A.WENGEL
GORDON W.COOK WILLIAM C.BARRY December 23 1985
GERALD R.JOHNSON(1897-1973)
THOMAS S.KNOX RICHARD L. MANFORD
GARY L.VINSON GARY SCOTT DECKER
E.EARL SECH RIST III DENNIS W. RICHARDSON 1750 MONTGOMERY STREET
LOUIS J.ANAPOLSKY JERILYN PAIK SAN FRANCISCO. CALIFORNIA 94111
JOHN M.LEMMON ROBERT K.POLLAK (415) 543-6564
BRADLEY . CARSON STEFAN L.MANOLKAS ECEIVEI�
PAMELA A.BABICH SUSAN J.SHERIDAN
DANIEL P.COSTA MAUREEN A. FALCONER REPLY TO SACRAMENTO
LINDSAY R.BRACK RANEF.NE P. BELISLE
WILLIAM L. BAKER ROBERT L.COLLINS TELECOPIER
DANAE A.PARAS PAUL C.KWONG OEC3o 1985 (916) 441-7457
WILLIAM H.POE JANET BALLOU
PM BATCNEION
Clerk Board of Supervisors SERC 10 Of S#)C SORS
P c• iRA cosr c .
Contra Costa County a o�
County Administration Building
P. 0. Box 911
Martinez , California 94553
Re: Application for Leave to Present Late Claim
Filed on Behalf of Milton Wright
Dear Clerk:
Through inadvertence, the documents attached to the
Application for Leave to Present Late Claim filed on behalf of
claimant, Milton Wright, received by your office December 4,
1985, as Exhibit A, is not the correct document.
Enclosed please find a copy of the Application for
Leave to Present Late Claim with the correct document attached
at Exhibit A. As stated in the Application for Leave to Present
Late Claim, Exhibit A is a copy of the Claim for Comparative
Indemnity sent to the Clerk of the Board of Supervisors for the
County of Contra Costa. Please detach the documents previously
identified as Exhibit A and attach the appropriate document as
enclosed in this letter.
If you have any questions relative to the above, please
contact my office at once.
er truly yours,
WILLIAM L. BAKER
WLB:tam
Enclosures
RtC Ut C
1 GREVE, CLIFFORD, DIEPENBROCK & PARNS
1000 G Street, Suite 400
2 Post Office Box 2469
Sacramento, California 95811-2469 RECEIVED
3 Telephone: (916) 443-2011
4 Attorneys for Claimant DEC m5
MILTON WRIGHT
5 r�SATCM 01
Mc Oi F
C COSt
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF CONTRA COSTA
10
11 RALPH F. SEVERSON and )
BETTY SEVERSON, ) APPLICATION FOR LEAVE TO
12 ) PRESENT LATE CLAIM
Plaintiffs, )
13 ) [Gov. Code § 911.4]
VS. )
14 )
WILLIAM G. ERB, et al. , )
15 )
Defendants. )
16 )
17 AND RELATED CROSS-ACTIONS. )
18 )
In the Matter of the Claim )
19 of MILTON WRIGHT against the )
COUNTY OF CONTRA COSTA. )
20 )
21
22 TO: COUNTY OF CONTRA COSTA
23 1. Application is hereby made for leave to present a
24 late claim under Section 911. 4 of the California Government Code.
25 The claim is founded on a cause of action for negligence which
26 was brought to Claimants attention for the first time on or about
09/87 - 1 -
1 August 16, 1985. For additional circumstances relating to the
2 cause of action, reference is made to the Claim attached hereto
3 as Exhibit "A" and made a part hereof.
4 2. The reason for the delay in presenting this Claim
5 for Comparative Indemnity is due to the fact that on or about
6 August 16, 1985, Claimant, MILTON WRIGHT, first learned the
7 COUNTY OF CONTRA COSTA had performed work on drainage facilities,
8 and that such work had been performed negligently. Not until
9 August of 1985, did Claimant have reason to believe that work
10 undertaken by the agents and employees of Contra Costa County
11 created a dangerous condition of public property resulting in a
12 landslide, giving rise to the filing of the underlying action.
13 To date, Claimant has not been damaged as he has not been found
14 liable to Plaintiffs. As more fully stated in the Declaration of
15 William L. Baker, attached hereto and made a part hereof, the
16 COUNTY OF CONTRA COSTA was not prejudice as a result of the
17 filing of this Claim.
18 3. This application is presented within a reasonable
19 time as the cause of action has not yet accrued, as shown by the
20 Declaration of William L. Baker attached hereto and made a part
21 hereof.
22 4. WHEREFORE, it is respectfully requested that this
23 application be granted and that the attached Claim be received
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I and acted upon in accordance with Sections 912. 4-912. 8 of the
2 California Government Code.
3 DATED: November L � , 1985.
4 - GREVE, CLIFFORD, DIEPENBROCK & PARAS
5 qj
6 By
WILLIAM L. BAKER
7 Attorneys for Claimant
MILTON WRIGHT
8
9
10
11 DECLARATION OF WILLIAM L. BAKER
12 I, WILLIAM L. BAKER, declare:
13 I am an attorney at law licensed to practice law before
14 all of the courts of the State of California, and am an associate
15 of a law firm of Greve, Clifford, Diepenbrock & Paras , attorneys
16 of record for Defendant and Claimant MILTON WRIGHT.
17 The action which gives rise to the filing of our Claim
18 for this Application For Leave to Present Late Claim, rose out .of
19 a landslide which occurred in March of 1983 , which ultimately
20 resulted in the filing of lawsuits by Plaintiffs in this action.
21 At the time we responded to the Complaint and filed our Cross-
22 Complaint, we had no reason to believe the county was involved in
23 this incident. We did not become knowledgeable as to any facts
24 which would give rise to liability on the part of the COUNTY OF
25 CONTRA COSTA until such facts were presented at a recent Settle-
26 ment Conference held on August 13, 1985. Promptly thereafter, a
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1 Claim for Comparative Indemnity was filed with the COUNTY OF
2 CONTRA COSTA on behalf of MILTON WRIGHT.
3 The COUNTY OF CONTRA COSTA has not been prejudiced as a
4 result of the filing of this Claim for Comparative Indemnity, and
5 numerous other parties to this action were similarly advised of
6 this Claim for the first time on the above-mentioned date , and
7 have also filed Claims of which the COUNTY OF CONTRA COSTA is
8 aware.
9 I declare under penalty of perjury that the foregoing
10 is true and correct , and that if called as a witness in this
11 matter, I would testify competently thereto.
12 Executed on this i- day of November, 1985 , at
13 Sacramento, California.
14 I
15
WILLIAM L. BAKER
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1 GREVE, CLIFFORD, DIEPENBROCK & PARAS
1000 "G" Street
2 Suite 400
Post Office Box 2469
3 Sacramento, California 95811-2469
4. (9161 443-2011
5 Attorneys for Defendant,
MILTON WRIGHT
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF CONTRA COSTA
10
11 RALPH F. SEVERSON and No. 2 4 6 5 0 9
BETTY SEVERSON,
12
CLAIM FOR COMPARATIVE
13 Plaintiffs, INDEMNITY
14 vs.
15 WILLIAM G. ERB, et al. ,
16. Defendants. DECEIVED
17 ' OCTai , M5
18 AND RELATED CROSS-ACTIONS. PftNATCHUN
19
20 TO: THE COUNTY OF CONTRA COSTA
21 1. The Claimant' s name is MILTON WRIGHT.
22 2. Claimant's address is 211 Modoc Avenue, Oakland,
23 California. However, all notices should be sent to Claimant's
24 counsel at the following address: E. Earl Sechrist, III,
25 Esquire, GREVE, CLIFFORD, DIEPENBROCK & PARAS, 1000 "G" Street,
26 Suite 400, Sacramento, California 95811-246?.
EXHIBIT A
1 3. The date, place or other circumstances of the
2 occurrence that gives rise to this claim:
3 On or about May 18, 1983, a suit was filed in Contra.
4. Costa Superior Court entitled RALPH F. SEVERSON vs. MR. AND MRS.
5 WILLIAM G. ERB, et al. On August 15, 1983, Claimant,
6 MILTON WRIGHT, was served as DOE 1 in the above-entitled
7 action. On or about August 16, 1985, claimant learned for the
8 first time that Contra Costa County, through its agents and
9 employees, had performed certain work in approximately 1972 on
10 property located on undeveloped parcels in Contra Costa
11 County in Oak Springs Development No. 3, which work was done
12 at the intersection of the extension of Stein Way and Barbara
13 Road. This work wasdone on certain drainage facilities at or
14 near the intersection, and claimant is informed and believes
15 that the conduct of the County on said premises was done
16 negligently, and thereby created a dangerous condition of
17 public property resulting in a landslide which gave rise to
18 the filing of the above-entitled action. At this time,
19 Claimant has no specific knowledge with regard to the dates
20 in 1972 that work was performed by the County of Contra Costa.
21 4. To date, Claimant has not been damaged as he has
22 not been found liable to Plaintiffs.
23 5. The exact extent of Claimant' s damage has not yet
24 been .determined as Claimant will not be damaged unless a
25 judgment in favor of Cross-Complainants is entered against
26 Claimant. In the event. judgment is entered against Claimant,
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1 he would be damaged to the extent that the amount of the
2 judgment exceeds Plaintiffs ' percentage share of the
3 responsibility as determined by the trier of fact.
4. MILTON WRIGHT therefore hereby asserts his indemnity
5 claim by way of thi-s claim which seeks equitable indemnity
6 from the County of Contra Costa.
7 DATED: October 17, 1985. GREVE, CLIFFORD, DIEPENBROCK & PARAS,
8
9
10 By
11 WILLIAM L. BAKER
Attorneys for MILTON WRIGHT, Claimant
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Joseph D. Joiner, Esq.
Patton, Watson, Joiner,
Alvarez, Lafollette & Brown
177 Post St. , Ste. 700
San Francisco, CA 94108
Attorneys for MICHAEL W. WOOD
Scott Buresh, Esq.
York, Buresh & Kaplan
2298 Durant
Berkeley, CA 94704
Attorneys for STATE FARM FIRE
& CASUALTY COMPANY
David M. Glaspy, Esq.
Glaspy & Glaspy
201 N. Civic Dr. , Ste. 245
Walnut Creek, CA 94596
Attorneys for MARGARET WRIGHT BOMAR
Colin R. Campbell, Esquire
Weinberg, Campbell & Stone
765 Bridgeway
Sausalito, CA 94965
Attorneys for DAVID W. JEDELL & ORINDA HILLS, INC.
Bruce P. Loper, Esq.
Hardin, Cook, Loper, Engel & Bergez
One Kaiser Plaza, Ste. 2300
Oakland , CA 94612-3686
Attorneys for STEVEN SHEPHERDand
HARRY SHEPHERD;.t
Robert J. Brockman; Esq.
Brockman, Takaichi I Miller
1550 The Alameda, Ste. 201
San Jose, CA 95126
Attorneys for JESSIE MORROW and MIRL MAYES
John Drath, Esq.
650 California St. , Ste. 2600
San Francisco, CA 94108 -
Attorney for JACEK ROWINSKI and URVE S. ROWINSKI
Sanford M. Cipinko, Esq.
Law Offices of Sanford M. Cipinko
-540 Pacific Ave.
San Francisco, CA 94133
Attorney for CHRISTINE ELLIS,
SUSAN A. THACKER and OMNI HOLDING
CORPORATION
• J. Timothy Lane, Esq.
Ring, Athey, Ginocchio & Lane
P.O. Box 97
Walnut Creek, CA 94596
Attorneys for EMMA M. GOODMAN
Malcolm A. King, Esq. •
1900 . Olympic Blvd. , Ste., 104
Walnut Creek, CA 94596
Attorney for CONSTANCE L. COUTS
Andrew R. Adler, Esq.
Boornazian, Jensen& Garthe
P.O. Box 12925
Oakland , CA 94604
Attorneys for GEORGE and JOAN KASTEN
Bronson, Bronson & McKinnon
P.O. Box 8071
Walnut Creek, CA 94596
Attorneys for ELINOR W. SHEPHERD
David F. Be"ach', Esq.
Law Off ices" of James B. Biernat
393 Vintage* Park Dr. , #250 I
Foster_City, CA'. 94404
Attorneys for MRS. STEPHEN R. SHEPHARD
Craig A. Starr, Esq.
Bledsoe, Cathcart, Boyd, Eliot &Curfman
650 California St. , Ste. 2828
San Francisco, CA 94108
Attorneys for KUMAO and TERUKO YAMASHITA
Stephen S. Harper, Esq.
Knox, Ricksen, Snook, Anthony & Robbins
One Kaiser Plaza, Ste. 850
Oakland, CA 94612
Attorneys for MILDRED GABBANI
Timothy J. Ryan, Esq.
Gordon, DeFraga,. Watrous & Pezzaglia
P.O. Box 630
Martinez, CA 94553
Attorneys for COUNTY OF CONTRA COSTA