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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 -SA u Q r4 ot-1 j GA-L r F. 714E CA2 WAS F(IZ,brt' L.O U4+E b AS Si4-O W IV ON +'LC- t gysq 14tro KUS}•F'�rg two booN 660t-4 ¢E F02C 5'6 6 pry ori 11 -Z 4- 8 S FAGS eF 2 AT 5.'00 nK 0-6s6 RCYI,OZA) , G0Z C.AUd10 , eA, p�2I Lt o Hbir e4CJ - -kc CAR l=o wARJ 40 NAtF tb6rf 2 ,TctSE A W XA,10 Z A�_S M61012 #& E -r#4 t GtJ/LK qt agh PRre IC tert�d k�g12 SLY ON ��GRDfed oleo' 11►�. be h r N i S KC-+CJA Sh ow S f H G' Pc&j-6 l j 9 oqF?L� 6!6 0 t*4 0t FRI04v� NovG�-tbP2 ZAP , �QS� . NORM SOAOHOO n- NOvti4 PPO>Wf L/NE_ HOla Home ell 14or1C - l9TG Ftr*mc LEMAAS rr �� 19 5ro H us � L T DAtS d/J �V Soutr� (32oROMoo2 fir. . ELOy CAteP-1 LO GAOL Cl Airco TC&E7 ECYAVZA FH Mpg ftlo.r0 Z,? &N mJ 519-iVED 6f 12- 15-85 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 24 25 26 09/87 - 2 - 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 09/87 - 3 - 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 16 17 18 19 20 21 22 23 24 25 26 09/87 - 4 - 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, -2- 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 12 13 /I 14 15 16 17 18 19 20 21 22 23 24 25 . 26 /I -2- 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