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HomeMy WebLinkAboutMINUTES - 10141986 - 1.12 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 14, 1986 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. - ) the action taken on your claim by the Board of Supervisors (P?ranraph TV below), giver pursuant to Government Code Amount: —$358 . 18 Section 913 and 915.4. Please not all "WARN IN urlsel coUnvi CLAIMANT: SHELL OIL COMPANY #304-0052-8151/286 �9a5 ATTORNEY: �,4artinez, CA Date received ADDRESS: 511 N. Brookhurst Street BY DELIVERY TO CLERK ON September 19, 1986 Anaheim, California 92803 BY MAIL POSTMARKED: September 10, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: September 19, 1986 �a: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: C:74"5_ 1 / BY u� eputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOX ARD ORDER: By unaimous vote of the Supervisors present This Claim is rejected in full. ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. C Dated: OCT 14 1986 PHIL BATCHELOR, Clerk, By 4: , TDeputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board.Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 2 1 1906 BY: PHIL BATCHELOR by puty Clerk CC: County Counsel County Administrator Shell Oil Company P.O.Box 4848 ^nntr 511 N.Brookhurst Street `� C�` �' -x Anaheim,California 92803 September 10, 1986 `r S E P 1 6 1986 Citi-c0 C''TerrY Johnson Cc ,ntV Aim- i:1651 Pine Street st�ator h d"r Martinez, CA 93637 Dear Mr. Johnson: SUBJECT: PROPERTY DAMAGE CLAIM Our Claim Number: 304-0052-8151/286 Invoice Date: June 26, 1986 Amount: $358.18 Recoverable Work Order: 547 Location of Accident: 261 Bailey Road Pittsburg, CA Enclosed is our invoice for actual costs to repair Shell Oil Company property damaged by you on June 14, 1986. We have established an account number for you to be used exclusively for this claim. Please refer to this claim number when remitting. If you have insurance coverage for accidents, please fill out the blanks below and return this letter: Insurance Company Name: Street/P.O. Box Address: City and State: Policy Number: Please contact our LOSS & DAMAGE CLAIM DESK (714) 520-3559, if you have any questions. Very truly yours, M. C. Silk Accounting Supervisor Enclosures C'1 c.� �-....n �.�.�-`vJ V�•�f :�._r-•;,.f c� �.-,_c;=�{` -(ti, '°f y".,,;•'{" ,pe../. a c r MQ8625202 CLAIM lC BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION .the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 14, 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Governmepy Code Amount: $100, 000. 00 Sec6ion 913 and 915.4. Please not all "WARN INGS-.0U-)ry COL!nsull CLAIMANT: INDUSTRIAL INDEMNITY COMPANY1986 c/o David W. Hughes , Ramos , Herlihy, ATTORNEY: Broadbeck, Hepler & Cockle �9ult�re�, Gq 101 California St . Ste. 1870 Date received ADDRESS: Sari Francisco , CA 94111 BY DELIVERY TO CLERK ON September 15 , 1986 BY MAIL POSTMARKED: September 13 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: September 23 , 1986 RaIL Bep�tyLOR, Clerk L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / �� BY 62— County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV, BOARD ORDER: By unaimous vote of the Supervisors present (, ) This Claim is rejected in full. (! ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: OCT 14 198 6 PHIL BATCHELOR, Clerk, ByGC / Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 1 1Joo VU BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator RAMOS, HERLIHY, BROADBECK, HEPLER & COCKLE ATTORNEYS AT LAW Suite 1870 101 California Street San Francisco, California 94111 Telephone (415) 986-1589 Fermin J. Ramos Paul J. Herlihy William F. Broadbeck Gordon E. Hepler Thomas C. Cockle John F. Pelan Dolores T. de Leon Kevin M. Hanratty David W. Hughes September 12, 1986 Audrey S. Montana Clerk of Board of Supervisors 651 Pine Street , First Floor County Administration Building Martinez, CA 94553 Dear Sir or Madam: Enclosed is the original and one copy of the Claim for Damages (Government Code Section 910) . Please file the original and return an endorsed copy to our office in the enclosed self-addressed envelope. Thank you. Very truly /yours, Ethel K. Parodi Secretary EKP/ Encl. r I David W. Hughes , Esq RAMOS, HERILIHY, BROADBECK 2 HEPLER & COCKLE Attorneys at Law 3 101 California Street , Suite 1870 San Francisco, California 94111-5821 4 Telephone: (415) 986-1589 5 Attorney for Claimant , INDUSTRIAL INDEMNITY COMPANY, ccN 6 a corporation B tR Y X41 u�0 „ * 7 ft 8 INDUSTRIAL INDEMNITY COMPANY, No. a corporation, 9 Claimant, CLAIM FOR DAMAGES 10 (Government Code Section 910) 11 12 vs. 13 CITY OF ANTIOCH, CONTRA COSTA COUNTY, 14 Defendants. 15 / 16 TO: CONTRA COSTA COUNTY 17 INDUSTRIAL INDEMNITY COMPANY, a corporation, 18 hereby presents this claim for any and all Workers ' Compensation 19 benefits it may be called upon to pay, on behalf of DEWAYNE 20 CURRIE, to the CONTRA COSTA COUNTY , pursuant 21 to Section 910 of the Government Code of the State of California, 22 and makes the following statements in support of the claim: 23 1. The name and mailing address of this Claimant 24 is : INDUSTRIAL INDEMNITY COMPANY, P.O. Drawer "E" , Walnut 25 Creek, California 9496. 26 2. The address to which the Claimant desires notice 27 to be sent is : David W. Hughes, Ramos, Herlihy, Broadbeck, Hepler 28 & Cockle, 101 California Street , Suite 1870, San Francisco, 5X504 (4/84) _, 'V CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 14, 1986 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $7, 500. 00 Section 913 and 915.4. Please not all "W RMy CCII'il8Eli CLAIMANT: HUMORE, INC . StP 2 1°86 c/o Richard W. Hyland ATTORNEY: 3237 Deer Hill Road N"artim., CA ^45:71 Lafayette, CA 94549 Date received September 17 , 1986 hand del ADDRESS: BY DELIVERY TO CLERK ON p BY MAIL POSTMARKED: no envelove I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: September 23, 1986 �aIL BATCHELOR, Clerk 7CYG�-GLV L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: eputy County Counsel ff III. FROM: Clerk of the Board 'T TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unaimous vote of the Supervisors present (X) This Claim is rejected in full. (� �) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: OCT 14 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 2 11986 BY: PHIL BATCHELOR by Z4& Deputy Clerk CC: County Counsel County Administrator CLAIM„ TOd BOARD OF SUPERVISORS OF CONTRA COR_QWYapplicationto: ' Instructions to ClaimantC!erk of the Board a 6iP„ e Sdy f��o6 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. 911.21 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 his form. RE: Claim by )Reserved for Clerk's filing stamps Humore , Inc. ) RI-IC" Against the COUNTY OF CONTRA COSTA) ) or DISTRICT) PFIL rcHE�UPon OAR Of SERSOBS Fill in name ) 0 TAc . The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 7, 500. 00 and in support of this claim represents as follows: ----------------------------------------------(Give----exact--- --date----andhour------- --- 1. When did the damage or injury occur? Winter and early spring, 1986. 2. W�iere did the damage or injury occur? (Include city and county) 1511 Purson Lane, Lafayette, Contra Costa County. —r------—I--—--—-----------——--------——--—---—-- — --——T—-------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) During the past rain season, water collected on and soaked through the county' s private road and from there onto claimant' s land so as to cause an erosion problem. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Contra Costa County, as owner of undeveloped property known as assessor' s parcel no. 175 330 001 which drains onto claimant' s property at 1511 Purson Lane, failed to maintain its private road by providin it with proper drainage down the road and away from claimant s and. (over) 5. iwhat are the 'names of county or district officers, servants or' employees causing the damage or injury? Unknown to claimant ---------------------------------------------------- 6. what damage or injuries do you claim resulted? ZGive full extent of injuries or damages claimed. Attach two estimates for auto damage) Erosion and mudslide at 1511 Purson Lane. See attachment. ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) See attached proposal ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Not applicable ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury. DATE ITEM AMOUNT *******�r,r*********,r,r,r*******,r,r,r«*****w•*,r�****,t*******,�,r*,t*stt***�r**,r*,c�**,r Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) orbysqme person on his behalf. " Name and Address of Attorney Richard W. HylandClaimant1 s Signature 3237 Deer Hill Road 1507 Purson Lane '✓ Lafayette, CA 94549 Lafayette, CA 94.549 Telephone No. 283-7163 Telephone No. no phone 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. " ' I JOHN P. YEGHOIAN & SON GENERAL ENGINEERING CONTRACTOR 1296 NEW HAMPSHIRE DRIVE CONCORD,CALIFORNIA 94521 General Engineering Phone L ense No. 389333 415 672-1881 Mr , Robert Kerr 1507 Purson Rd. Lafayette , Ca . 94549 9/8/86 Re : Soil errosion at 1511 Purson Rd. , Lafayette . After an onsite evaluation of the soil errosion at the above address we have reached the following conclusions. It appears that during the last winter that water from the above property was allowed to run over the affected slope and cause a large amount of errosion to the subject property. This errosion could have been avoided had the fire road above the subject property been graded to prevent this type of runoff . The repair we recommend would be to excavate a keyway at the lower portion of the failure , and place a drain at the rear portion of the failure . Recompacted fill shall then be placed as to meet undistrubed contours. The cost for this repair shall be $7,500 .00 . A savings of $700 .00 could be made by constructing a 3' high wood retaining at the lower portion of the failure and filling the void will rock riprap and fill . This type of repair would leave the area unusable for any landscaping or development . If this proposal is accepted a $2500 .00 deposit shall be due upon the start of work with the balance due upon satisfactory completion . This estimate does not include any landscaping, permits or soils engineering fees. If we can be of any further assistance in this matter please feel free to call upon us. Since ely: Y gh a Accepted by dated CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the L:a­ity, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 14, 1986 and Board Action.. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: 0 0 0. 0 0 Section 913 and 915.4. Please not all "WARNINGS" $750, Counter Counsel CLAIMANT: SHEILA PRUDEN c/o Teresa A. Bright Si,P 21, 1986 ATTORNEY: Law Offices of William C. Gordon A Professional Corporation Date received Martinez, CA 945-53 ADDRESS: 44 Montgomery St. , Suite 60gY DELIVERY TO CLERK ON September 18 , 1986 San Francisco, CA 94104 BY MAIL POSTMARKED: September 16 , 1986 Certified P 453 739 777 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. September 23, 1986 BHHIL BATCVELOR, Clerk DATED: epu L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: � e' /9 BY:BY: /C (�G�',It�JCB�u�y County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unaimous vote of the Supervisors present (7(') 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: OCT 14 1986 PHIL BATCHELOR, Clerk, By 4 Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 2 1 1986 BY: PHIL BATCHELOR by _,Deputy Clerk CC: County Counsel County Administrator L LAW OFFICES OF WILLIAM C. GORD0�T A PROFESSIONAL CORPORATION WILLIAM C.GORDON Ahi;&N I.SHAT)CIN 44 MONTGOMERY STREET.SUITE 600 DAVID A. CALDWELL SAN FRANCISCO. CALIFORNIA 94104 CLAY C.BURTON 14151 986-4500 INTERNATIONAL DEPARTMENT RICHARD L.NEWvt. AN HORACIO 1.MARTINEZ BACA TERESA A- BRIGHT ILICENSED IN ARGENTINA ONLY) September 16 , 1986 STATE BOARD OF CONTROL OF COUNTY OF ALAMEDA STATE OF CALIFORNIA CLERK, BOARD OF SUPERVISORS 926 "J" Street, Suite 300 1221 Oak Street, Room 536 Sacramento, CA 95814 Okland, CA 94612 CONTRA COSTA COUNTY AC TRANSIT CLERK, BOARD OF SUPERVISORS RISK DEPARTMENT 651 Pine Street, 508 - 16th Street Martinez , CA 94553 Oakland, CA 94612 ACTION NO. : RE: SHEILA PRUDEN V. AC_TRANSIT Dear Sir or Madam: We have enclosed the following -CLAIM FOR PERSONAL -- INJURIES AGAINST PUBLIC ENTITIES-ALAMEDA COUNTY, CONTRA COSTA ------------------------------- ------------------------------ COUNTY, STATE OF CALIFORNIA, AC TRANSIT -------------------------------------------------------------- Please file and return the endorsed copies to us ( xx ) Please present same to the Judge for signature ( ) Please obtain certified copy of -------------------- Enclosed _--_ -_-_Enclosed is our check in the amount of $ -----_------ ( ) Additional remarks : Thank you for your courtesy and cooperation. Very truly yours, LAW_OFFICES OF WILLIAM C. GORDON A Professional Corporation Sep � Lorna E. Callejas , Secreta to TERESA A. BP,IGHT, ESQ. N� SAAB Encls. ' ..r.may.. ....... ...u:";y—q. .:'M1 ..... .... ..n. ... .. �... c TERESA A. BRIGHT, ESQ. 1 LAW OFFICES OF CORDON & ROPERS i r/�/.i,• 2 A PROFESSIONAL CORPORATION r+�' 44 MONTGOMERY STREET,SUITE 600 Flo SAN FRANCISCO,CALIFORNIA 94104 CZ . i 3 TELEPHONE(415)9864500 6y At 84tF40 C 8 P � 4 °RS 5 ATTORNEYS FOR SHEILA PRUDEN 6 7 CLAIM FOR PERSONAL INJURIES AGAINST PUBLIC ENTITIES ALAMEDA COUNTY, CONTRA COSTA COUNTY; 8 STATE OF CALIFORNIA, AC TRANSIT. 9 Presented to: 10 STATE BOARD OF CONTROL OF STATE OF CALIFORNIA 11 926 "J" Street, Suite 300 Sacramento, CA 95814 12 COUNTY OF ALAMEDA 13 CLERK, BOARD OF SUPERVISORS 1221 Oak Street, Room 536 14 Oakland, CA 94612 15 CONTRA COSTA COUNTY CLERK, BOARD OF SUPERVISORS 16 651 Pine Street, Martinez , CA 94553 17 AC TRANSIT 18 RISK DEPARTMENT 508 - 16th Street 19 Oakland , CA 94612 20 YOU, AND EACH OF YOU, PLEASE TAKE NOTICE that the 21 claimant herein designated hereby serves and makes a demand upon 22 you for the cause and amounts set forth in the following claim: 23 Claimant' s name and address : SHEILA PRUDEN, 1301 1/2 24 Park Street, Alameda, CA 94501. 25 Claimant's mailing address to which notices are to be 26 sent : TERESA A. BRIGHT,LAW OFFICES OF WILLIAM C. GORDON, A 27 Professional Corporation, 44 Montgomery St. , Suite 600, San 28 Francisco, California 94104 . 1 1 Amount of Claim: Prejudgment interest, special damages 2 in unknown amount for medical expenses , lost work time and 3 impaired earning capacity, and rehabilitation general damages 4 for injury, pain and suffering, disfigurement, and costs of suit, 5 in the sum of $750 ,000 . 00 . 6 Date and place of occurrence giving rise to the claim: _ 7 June 19 , 1986 at approximately 3 :00 P.M. at or near the 8 intersection of College and Rockridge in Oakland, California. 9 Description of occurrence : That on or about the 10 aforementioned date, the above-named public entity, a common 11 carrier for reward, by and through its agents , servants and 12 employees, so negligently and carelessly owned, maintained, drove, 13 controlled, supervised, managed, leased, entrusted the AC Transit 14 bus. in which claimant was a paying passenger when said bus 15 collided with another bus and because of said negligence and 16 carelessness , claimant injured her back, neck and head. 17 That as a direct and proximate result of said 18 negligence and carelessness, as aforesaid, claimant was caused 19 to and did sustain severe personal injuries . 20 The names and addresses of all the public employees 21 responsible for claimant' s condition are presently unknown and 22 claimant does not presently know the extent of her special 23 damages . 24 25 DATED: SEPTEMBER 16 , 1986 26 LAW OFFICES OF WILLIAM C. GORDON 27 A Professional Corporation 28 By: TERESA A. BRIGHT` Attorneys forClaimant CLAIM BOARD OF OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA i Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 14 1986 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Ajauunt: Unspecified Section 9,o and 915.4. Please not all "WARNINGS". County Counse) CLAIMANT: MR. JOHN M. CASOVIA ET AL c/o Mr. J. Alan Steele, Esq. SEP 2 1' 1986) ATTORNEY: Attorney At Law Custom HouseCA 9•'�5�� Date received MBftlR2Z, ADDRESS: 555 Battery St. No. 2967 BY DELIVERY TO CLERK ON September 16 , 1986 San Francisco, CA 94126 4 . BY MAIL POSTMARKED: September 15 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: September 23 , 1986 galL BATCVELOR, Clerkepu S�f� L. ��Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) •This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: a�/ /O co BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unaimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 0 C T 14 1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:_ OCT 2 1 1986 BY: PHIL BATCHELOR by � Deputy Clerk CC: County Counsel County Administrator i J. ALAN STELE September 12 , 1986 Mornay al Low 6}S Hat;.qv $tfa,f I �l^ • NOTICE OF- CLAIM Q� S �9,9 California Government Code Section 910 TP TO: THE STATE OF CALIFORNIA „ TO: THE COUNTY OF CONTRA COSTA TO: ANY OTHER ENTITIES WHOSE IDENTITY OR STATUS IS NOT KNOWN CLAIMANTS: Mr. John M. Casovia Mrs. Pearl Augusta Casovia 329 Holiday Hills Drive Martinez, Ca. 94533 REPRESENTATIVE AND ADDRESS FOR NOTICE: Mr. J. Alan Steele, Esq. Attorney at Law Custom House 555 Battery Street - No. 2967 San Francisco, Ca. 94126 DATES: June 8, 9 and 30 , 1986 LOCATION: Contra Costa County, City of Concord and City of Martinez. .h� .. .>�6i ✓rte r �.r ., ..ti •rtr � tr ''ro ry.. �' ��`T f v '•�u�a �.;'.`. J {t�sh �y � 2` � T1S I��11. 7 R. ..1.r ^Y ,+,yYME. r�'•r ,lt ZI v GH' �S�L'�XX 1 Notice of Claim In re: Mr. & Mrs. Casovia September 12, 1986 page two CIRCUMSTANCES: On June 8, and continuing through June 9, 1986 , Claimant was assaulted, battered, subjected to physical abuse without any justification and through the use of excessive force, and Claimant was falsely arrested and falsely imprisoned, denied significant rights granted and guaranteed by the Constitutions of the United States and the State of California, and the 14th Amendment, as well as Section 1983 , et seq. of Title 42, U.S. C. and the corelative California Statutes. On or about June 30, 1986 , upon false statements, and without an independant investigation as to probable cause, Claimant was charged with violations of California Penal Code Sections 148 and 647(f) DAMAGES: Claimants damages will consist of property damage, emotional distress, medical expenses, lost wages, costs of defense, including attorney fees and court costs - whether the same be taxable or not. PUBLIC EMPLOYEES: Officer R. S. Gomez, C.H.P. ' Other persons unknown at this time. AMOUNT OF CLAIM: Present and prospective losses are not yet fixed of calculable. However, Claimant claims and reserves theright to redress and all ' Statutory and/or tort awards as well as State and Federal Civil Rights awards and State and Federal Statutory awards for attorney fees, costs and penalties. AMENDMENT: Claimant reserves the right to amend or supplement this claim as d w en additional information is avai 1. Dated September 12, 1986 _. by. J. Alan Steele, q. Attorney for: Claimant JAS/at pc: Mr. & Mrs. Casovia pc: Mr. Maurice J. Nelson, Esq. pc: Staff Counsel file: Casovia Notice of Claim 2 1, ♦t �� J 4 ' P It 0 0 F O F S i: It V I C E 2 3 The undersigned does hereby state and declare ut,Jer 4 penalty of perjury that he is over the age of 18 years, a 5 citizen of the state of california, not a party to the within 6 action,* and that he served a true copy of the below noted 7 papers upon the below noted parties or persons by placing a true 8 copy of same in hte United States mail in the city of 9 addressed as below with postage affixed. 10 II II COUNTY CLERK V CONTRA COSTA COUNTY 12 725 COURT STREET MARTINEZ, CA. 94553 13 CLERK OF THE BOARD OF SUPERVISO S 14 651 PINE STREET MARTINEZ, CA. 94553 1s STATE BOARD OF CONTROL 16 STATE OF CALIFORNIA 30 VAN NESS AVENUE 17 SAN FRANCISCO, CA. 94102 . 19 20 21 22 23 24 Executed this `(J� day of ✓ , 198 // at 25 . CCalifornia. 26 27 28 J. Alan Steele i CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION -the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 14, 1986 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV belcr;), given pura;:a�nt to Government Code Amount: Unspecified Section 913 and 915.4.• 'Please not all "WARNINGS". County Counsel CLAIMANT: MR. JOHN M. CASOVIA ET AL c/o Mr. J. Alan Steele, Esq. SE.P a 1' 1936 - ATTORNEY: Attorney at Law Custom House Date received ,>Oartlnez, CA 945':.P ADDRESS: SSS Battery Street BY DELIVERY TO CLERK ON September 16, 1986 San Francisco, CA 94126 BY MAIL POSTMARKED: September 15, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: September 23, 1986 &VILATCELOR, Clerk : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: , BY: i eputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unaimous vote of the Supervisors present X) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. OCT 141986 �� Dated: PHIL BATCHELOR, Clerk, By � Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. i You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage, fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: dCT 2 1 1986 BY: PHIL BATCHELOR by eDeputy Clerk CC: County Counsel County Administrator September 12 , 1986 J. ALAN SIEELE Auumay of I-OW CiiSQOr0U5E t[I:Y S!111!.I NO ,n J!?i N:iS Sc43 NOTICE OF- CLAIM California Government Code Section 910 TO: THE STATE OF CALIFORNIA TO: THE COUNTY OF CONTRA COSTA TO: ANY OTHER ENTITIES WHOSE IDENTITY OR STATUS IS NOT KNOWN CLAIMANTS: Mr. John M. Casovia Mrs. Pearl Augusta Casovia 329 Holiday Hills Drive Martinez , Ca. 94533 REPRESENTATIVE AND ADDRESS FOR NOTICE: Mr. J. Alan Steele, Esq. Attorney at Law Custom House 555 Battery Street - No. 2967 San Francisco, Ca. 94126 DATES: June 8, 9 and 30, 1986 LOCATION: Contra Costa County, City of Concord and City of Martinez. _ I rw y 4RY4 f.. 'tT M�?y�. -1 0111% Y .r4��'v t •,.Lr+cL:.T' ` 4 Y Y' S� �+j�=r5�1 {" �.���n: •� ,. - . RECEIVED J Notice of Claim In re: Mr. & Mrs. Casovia September 12, 1986 a page two CIRCUMSTANCES: On June 8, and continuing through June 9, 1986, Claimant was assaulted, battered, subjected to physical abuse without any justification and through the use of excessive force, and Claimant was falsely arrested and falsely imprisoned, denied significant rights granted and guaranteed by the Constitutions of the United States and the State of California, and the 14th Amendment, as well as Section 1983 , et seq. of Title 42, U.S.C. and the corelative- California Statutes. On or about June 30, 1986, upon false statements, and without an independant investigation as to probable cause, Claimant was charged with violations of California Penal Code Sections 148 and 647(f) DAMAGES: Claimants damages will consist of property damage, emotional distress, medical expenses, lost wages, costs of defense, including attorney fees and court costs - whether the same be taxable or not. PUBLIC EMPLOYEES: Officer R. S. Gomez, C.H.P. other persons unknown at this time. AMOUNT OF CLAIM: Present and prospective losses are not yet fixed of calculable. However, Claimant claims and reserves theright to redress and all ' Statutory and/or tort awards as well as state and Federal Civil Rights awards and i State and Federal Statutory awards for attorney fees, costs and penalties. AMENDMENT: Claimant reserves the right to amend or supplement this claim as and when additional information isavai �l i Dated September 12, 1986 by: J. Alan Steele, q. Attorney for: Claimant JAS/at pc: Mr. & Mrs. Casovia pc; Mr. Maurice J. Nelson, Esq. pc: Staff Counsel file: Casovia Notice of Claim 2 P It 0 0 F O F S is It V T C E 2 . 3 The undersigned does hereby state and declare under 4 penalty of perjury that he is over the age of 18 years, a 5 citizen of the .state of california , not a party to the within 6 action, and that he served a true copy of the below noted 7 papers upon the below noted parties or persons by placing a true 8 copy of same in hte United States mail in the city of 9 addressed as below with postage affixed. 10 (! COUNTY CLERK CONTRA COSTA COUNTY 12 725 COURT STREET MARTINEZ, CA. 94553 13 CLERK OF THE BOARD OF SUPERVISO S 14 651 PINE STREET MARTINEZ, CA. 94553 15 STATE BOARD OF CONTROL 16 STATE OF CALIFORNIA 30 VAN NESS AVENUE 17 SAN FRANCISCO, CA. 94102 ,. 18 i I 19 21 22 23 24 Executed this �r3 day of IVl?G✓ , 196A , at 23 . , California, 26 27 1 28 J. Alan Steele CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 14 186 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice o California Government Codes. ) the action taken on your claim by the Board of Supervisors (ru 'u yfdph 'AV below), given pursuant to Government Cote Amount: Unspecified Section 913 and 915.4. Please not all "WARNINGS". Count, Counsel CLAIMANT: MR. JOHN M. CASOUTA ET AL c/o Mr. J. Alan Steele, Esq. SEP 21' 1986 ATTORNEY: Attorney At Law �� Custom House Date received Martinez, CA 94553 ADDRESS: 555 Battery Street #2967 BY DELIVERY TO CLERK ON September 17 , 1986 San Francisco, CA 94126 BY MAIL POSTMARKED: September 16 , 1986 / I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: p 8Y Se tember 19, 1986 22HHIL BATCHELOR, Clerk GLlf�_ : Deputy el L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors N) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unaimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: OCT 14 1986 PHIL BATCHELOR, Clerk, By ` , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 2 11986 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator J. MAN Sid-If September 12 , 1986 Aunrncy al I nw R-k"Qiv ED NOTICE OF CLAIM SEP171986 California Government Code Section 910 CLER c AF OR By , N R$ TO: THE STATE OF CALIFORNIA ry TO: THE COUNTY OF CONTRA COSTA TO: ANY OTHER ENTITIES WHOSE IDENTITY OR STATUS IS NOT KNOWN CLAIMANTS: Mr. John M. Casovia Mrs. Pearl Augusta Casovia 329 Holiday Hills Drive Martinez , Ca. 94533 REPRESEPTATIVE AND ADDRESS FOR NOTICE: Mr. J. Alan Steele, Esq. Attorney at Law Custom House 555 Battery Street - No. 2967 San Francisco, Ca. 94126 DATES: June 8, 9 and 30, 1986 LOCATION: Contra Costa County, City of Concord and City of Martinez . Ilk "�."y��.l t•a�{ lN ��v :Y' 1 i•...51 � ,+f�t{S /�1�� �p���"s j��4 ..a,(T Iio\ y ^r'S J'�y-ij;'irks ..+ .k -,t•r" ^'� \r'�. .L��y1!''. �.� in :/.'1�•. �r 'M�' ,ti � 'uo��''y ' ``4• •,,l�i:t ��C'! t .,fit�.I , `,�T44,4, \` t �`. � -„1�� i tO:.TSC.:" 1�-•�^( ��:?ais. ,„i,�• '�aArr.>a,� i'y, �.� „� t,cc„' ..�•,q � • ,G Notice of Claim In re: Mr. & Mrs . Casovia September 12, 1986 page two CIRCUMSTANCES: On June 8, and continuing through June 9, 1986, Claimant was assaulted, battered, subjected to physical abuse without any justification and through the use of excessive force, and Claimant was falsely arrested and falsely imprisoned, denied significant rights granted and guaranteed by the Constitutions of the United States and the State of California, and the 14th Amendment, as well as Section 1983 , et seq. of Title 42, U. S. C. and the corelative California Statutes. On or about June 30, 1986, upon false statements, and without an independant investigation as to probable cause, Claimant was charged with violations of California , Penal Code Sections 148 and 647 ( f) DAMAGES: Claimants damages will consist of property damage, emotional distress, medical expenses, lost wages, costs of defense, including attorney fees and court costs - whether the same be taxable or not. PUBLIC EMPLOYEES: Officer R. S. Gomez, C.H.P. Other persons unknown at this time. AMOUNT OF CLAIM: Present and prospective losses are not yet fixed of calculable. However, Claimant claims and reserves theright to redress and all ' - Statutory and/or tort awards as well as State and Federal Civil Rights awards and State and Federal Statutory awards for attorney fees, costs and penalties. AMENDMENT: Claimant reserves the right to amend or supplement this claim as ad when additional information is avai eLl Dated September 12, 1986A- T.—Alan'Stdeleo by: q. Attorney for: Claimant JAS/at . pc: Mr. & Mrs. Casovia pc: Mr. Maurice J. . Nelson, Esq. pc: Staff Counsel file: Casovia Notice of Claim 2 P It00F 0F SE R V T CE 2 3 The undersir;ned does hereby state and declare under 4 penalty of perjury that tie is over the age of 18 years, 3 citizen of the state of california , not a party to the within 6 action; and that he served a true copy of the below noted 7 papers upon the below noted Parties or persons by placing a true 8 copy of same in hte United States mail in the city of �- 9 addressed as below with postage affixed. to I tt COUNTY CLERK CONTRA COSTA COUNTY 12 725 COURT STREET MARTINEZ, CA. 94553 13 CLERK OF THE BOARD OF SUPERVISO S 14 651 PINE STREET MARTINEZ, CA. 94553 13 STATE BOARD OF CONTROL 16 STATE OF CALIFORNIA 30 VAN NESS AVENUE , 17 SAN FRANCISCO, CA. 94102 . to 19 20 ' 21 22 23 24 Executed this ��3 � day of ✓ , l9k at 23 . , California. 26ti., 27 j 28 J. Alan Steele 1 pttO0F OF SFItVTCE 2 3 The undersigned does hereby state and declare under 4 penalty of perjury that he is over the age of 18 years, a 3. citizen of the .stnte of california , not a party to the within 6 action ,' and that he served a true copy of the below noted 7 papers upon the below noLod parties or persons by placing a true copy of .same in the United States mail in the city of Concord 9 addressed as below with postage affixed. 10 County Clerk -- I Contra Costa County 11 725 Court Street. Martinez, Ca. 94553 12 Clerk of the Board of Supervisors 651 Pine Street. 13 Mrt.inez, Ca. 94553 14 State Board of Control State of California 13 30 Van Ness Avenue San Francisco, Ca. 94102 16 California State Board of Control California State Board f Control' 17 Division of Government. Claims Di. ision of.Government ]-dims P. 0. Box 3035 77 L Street. Suite 850 1e ; Sacramento, Ca. 95812-3035 Sacramento, Ca. 95814 all, 19 1 20 r 21 22 23 24 Executed this � 15th day of September 9 19869 at, ' •: 25 . f-Qncord � California. `• ''L� • 26 y3�1 27 Aa, " QVA 28 ,� �C 3 c CLAIM ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Agair..'c the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 14 , 1986 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code V'P9ount Unspecified 5;, and 915.4. Please not all "WARNINGS". County Counsel CLAIMANT: MR. JOHN M. CASOVIA ET AL c/o Mr. J. Alan Steele, Esq. SEP 2 1'1986 ATTORNEY: Attorney At Law Custom House Date received W�artin�', CA �J�►S ,3 ADDRESS: SSS Battery Street #2967 BY DELIVERY TO CLERK ON Septem er �, 1986 CC San Francisco, CA 94126 BY MAIL POSTMARKED:_no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: September 23 , 19.86 Eq: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (� This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ctJ , BY: ty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unaimous vote of the Supervisors present (k) This Claim is rejected in full. (/ `) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: OCT 14 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 2 11986 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator G' September 12 , 1986 J. ;Lf..�f'i SL 1f:!.E Recririv NOTICE OF CLAIM California Government Code Section 910 TO: THE STATE OF CALIFORNIA TO: THE COUNTY OF CONTRA COSTA TO: ANY OTHER EN'T'ITIES WHOSE IDENTITY OR STATUS IS NOT KNOWN CLAIMANTS: Mr. John M. Casovia Mrs. Pearl Augusta Casovia 329 Holiday Hills Drive Martinez , Ca. 94533 REPRESENTATIVE AND ADDRESS FOR NOTICE: Mr. J. Alan Steele, Esq. Attorney at Law Custom House 555 Battery Street - No. 2967 San Francisco, Ca. 94126 DATES: June 8 , 9 and 30 , 1986 LOCATION: Contra Costa County, City of Concord and City of Martinez . L, ►� _a r, "C}•�,�L.�.I en�fy�Ayn'1�/�{/}f{ �.•►`p.,j/- ^'.NP1-�^� 1 .. •� � i�v 11r i.f i r{'y,^ �""(rg��� S'fy1`,c���.f",L'-�'� jI ���Y,y' '{ }j.ts•,(~ .�(•F�- Y k hj 4..° } •"' M--.`\.' + / � ~7^'ly'"� l. ,t,•f _ Y L S ! .rpt►, 44 � 'Pr µ '. n..r L' .��( � � 1.1Q• � . ,,.3�-.7/^ �.P'i.�fl?,' ��'"•�,f7��Yd., .•,•i \� ! e'.t ,I �..ii,\, Y, y-.`�', J_ ILL ,� ,.iM MT,...LRC.F`1.. t • I I {• •', ': . ♦.il• bIK'• �i.fi, •;� I�Y f ` 'r� 7.L� " �K• 1 . �.r !C D71Jr ��•- (���J {�s I .. h � a.�- 1�µ,, -_�C 4i�'�{. y_. .tFi•� • :,, ..ss "#! ,.yr'°° 2-M1{�V�`a � � n Notice of Claim In re: Mr. & Mrs . Casovia September 12, 1986 page two CIRCUMSTANCES: On June 8, and continuing through June 9, 1986, Claimant was assaulted, battered, subjected to physical abuse without any justification and through the use of excessive force, and Claimant was falsely arrested and falsely imprisoned, denied significant rights granted and guaranteed by the Constitutions of the United States and the State of California, and the 14th Amendment, as well as Section 1983, et seq. of Title 42, U.S.C. and the corelative California Statutes. On or about June 30, 1986, upon false statements, and without an independant investigation as to probable cause, Claimant was charged with violations of California Penal Code Sections 148 and 647( f) DAMAGES: Claimants damages will consist of property damage, emotional distress, medical expenses, lost wages, costs of defense, including attorney fees and court costs - whether the same be taxable or not. PUBLIC EMPLOYEES: Officer R. S. Gomez, C.H.P. Other persons unknown at this time. AMOUNT OF CLAIM: Present and prospective losses are not yet fixed of calculable. However, Claimant claims and reserves theright to redress and all ' - Statutory and/or tort awards as well as State and Federal Civil Rights awards and i0 State and Federal Statutory awards for attorney fees, costs and penalties. AMENDMENT: Claimant reserves the right to amend or supplement this claim as d w en ,additional information is avai 3 1 Dated September 12 , 1986 by: J. Alan Steele; q. Attorney for: Claimant JAS/at . pc: Mr. & Mrs. Casovia pc: Mr. Maurice J. Nelson, Esq. pc: Staff Counsel file: Casovia Notice of Claim 2 1 ` P It00F OF Si: ItVT CE 1 3 The undersigned does hereby state and declare under 4 penalty of perjury that lie is over the age of 18 years, a s citizen of the state of california , not a party to the within 6 action,' and that he served a true copy of the below noted 7 papers upon the below noted parties or persons by placing a true 8 copy of same in hte United States mail in the city of 9 addressed as below with postage affixed. 11 COUNTY CLERK I CONTRA COSTA COUNTY 12 725 COURT STREET MARTINEZ, CA. 94553 13 CLERK OF THE BOARD OF SUPERVISO S 14 651 PINE STREET MARTINEZ, CA. 94553 1s STATE BOARD OF CONTROL 16 STATE OF CALIFORNIA 30 VAN NESS AVENUE ; 17 SAN FRANCISCO, CA. 94102 �. 19 20 21 22 23 24 Executed this (3 J!1 day of ✓ , 19�' at __ . 1 , . 23 . , California. 26 ya.� 27 Zg J. Alan Steele t . .. . - • 1 ,•SII 1.`.• =.�..YY..`.,.. .+_ _ •µ!:•ms... i • ,1 ,` ','l1•�� •, � r �. 1. . . •1. P It 0 0 F O F S Y It V T C E ,i 2 3 The undersigned does. Hereby state and declare under 4 penalty of perjury that he is over the Age of 18 years, a AZ 5 citizen of the state of california, not a party to the within 6 action,' and that he served a true copy of the below noted 7 papers upon the below noted parties or persons by placing a true 8 copy of same in the united States mail in the city of Concord 9 addressed as below with postage affixed. 10 County Clerk -- I Contra Costa County ` 11 725 Court. Street. Martinez, Ca. 94553 12 Clerk of the Board of Supervisors 651 Pine Street 13 Mrt.inez, Ca. 94553 14 State Board of Control State of California 13 30 Van Ness Avenue San Francisco, Ca. 94102 16 California State Board of Control Ca ifornia State 'Boardf Control• 17 Division of Government. Claims Di inion of.Government 11thm 1P. O. Box 3035 77 , L Street Suite 850 .07. IB Sacramento, Ca.Ca. 95812-3035 Sacramento, Ca. 95814 j ';,: ' 19 120 21 22 23 24 Executed this `15th day of September 198 6 , at• 23 . Conncord , California. L • 26 1 � 27 JI A • t~t� i CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against•the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October1/ , 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your no ice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Par,-graph IV below), given pursuant to Government Code Amount: $25, 000. 00 Section 913 and 915.4. Please not all " ,,RNINGS" bu.A y 'CoLmsel CLAIMANT: AMY HEADDING (A MINOR) C/o Rozanne M. Gartrell SEP 21'1986 ATTORNEY: Law Offices Scott & Barsotti Date received R��rtinez, L:,1 9,155:"-. ADDRESS: 315 E. Leland Road BY DELIVERY TO CLERK ON September 18 , 1986 Pittsburg, CA 94565 BY MAIL POSTMARKED: September 17 , 1986 Certified 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: September L3 , 1986 Rb: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (�() This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: � /�'(o BY:t�-�—J�� ��/�eauL�County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unaimous vote of the Supervisors present (�) This Claim is rejected in full. /(\ ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: OCT 14 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You .may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT.2 11986 BY: PHIL BATCHELOR by , Deputy Clerk CC: County Counsel County Administrator I LAW OFFICES SCOTT & BARSOTTI 2 A PROFESSIONAL CORPORATION 3 315 EAST LELAND ROAD PIITSBURO, CALIFORNIA 84585 4 - (415)432-2955 5 is . 6 ATTORNEYS FOR Claimant R> 7 9 9q6 10 In the Matter of the Claim of ) 11 ) r AMY HEADDING (a minor) , ) 12 ) 13 Claimant, ) . 14 vs. ) CLAIM FOR PERSONAL 15 INJIIRIES CONTRA COSTA COUNTY DISTRICT 16 FAIR and CONTRA COSTA COUNTY, ) 17 ) Respondents . ) 19 � I 20 AMY HEADDING, through her attorney, Roxanne M. Gartrell of 21 the Law Offices of Scott & Barsotti, hereby present this claim to the 22 CONTRA COSTA DISTRICT- FAIR and CONTRA COSTA COUNTY, State of 23 California, pursuant to Government Code Section 910, et seq. 24 I I 25 The name and post office address of claimant is as follows: 26 Amy Headding 27 c/o Sally Headding 28 1320 Ventura Drive Pittsburg, CA 94565 29 30 III 31 The post office address to which claimant desires notice of 32 this claim to be sent is as follows: 33 Roxanne M. Gartrell Law Offices 34 Scott & Barsotti 35 315 E. Leland Road Pittsburg, CA 94565 36 1 � x CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 14, 1986 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors y-- (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. ' Please not all "WARNINGS". CLAIMANT: RICHMOND UNIFIED SCHOOL DISTRICT ET AL County Counsel c/o Russell W. Taylor ATTORNEY: Taylor & Field, The Leamington SIP 21, 1936 1814 Franklin Street Date received ADDRESS: Suite 500 BY DELIVERY TO CLERK ON September hly;tirM6A 9'4;3:7; Oakland, CA 94612 BY MAIL POSTMARKED: September 12 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: September 23 , 1986 gVIL BATCVELOR, Clerk epu L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors %) This claim complies substantially with. Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: { c:9-S 1 U BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unaimous vote of the Supervisors present ( •) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. OCT 141986 Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated; OCT 21 1986 BY: PHIL BATCHELOR by Deputy Clerk II CC: County Counsel County Administrator I I I LAW OFFICES OF RUSSELL W.TAYLOR TAYLOR 8 FIELD TELEPHONE DOUGLAS L. FIELD A PROFESSIONAL CORPORATION (415) 451-6633 PAUL S. CHOY THE LEAMINGTON 1814 FRANKLIN STREET, SUITE 500 OAKLAND, CALIFORNIA 94612 September 10, 1986 Contra Costa County c� v 1906 Board of Supervisors By 0 �a 651 Pine Street, 11th Floor °n �NEPo Martinez, CA 94553 Oft Attention: Phillip Batchelor Re: Nepp v. Richmond Unified School District et al. Dear Mr. Batchelor: This letter is intended to constitute a claim against the County of Contra Costa pursuant to the provisions of California Government Code §910. The claimant's name and address is: Richmond Unified School District and Francis Barrett, c/o Russell W. Taylor, Taylor & Field, The Leamington, 1814 Franklin Street, Suite 500, Oakland, California 94612. All notices should be sent to this address. The claim relates to a personal injury accident involving Hans H. Nepp, which incident occurred on March 6, 1986. Plaintiff Hans H. Nepp filed a Contra Costa Superior Court Action No. 287921, caption Hans H. Nepp, plaintiff, vs. Richmond Unified School District, Francis Barrett, and Does One through Fifty, inclusive, defendants. A copy of the complaint in that matter is enclosed herewith for your reference; described therein are the alleged facts pertaining to the claimed injury. The terms of said complaint are incorporated by reference herein solely for the purposes of reference. Said complaint was served on the Richmond Unified School District and Francis Barrett on June 26, 1986, and the period has not yet run within which to make this claim for indemnity. Claimants Richmond Unified School District and Francis Barrett intend to present a claim for comparative indemnity and/or contribu- tion against the County of Contra Costa, premised upon the existence of a dangerous crosswalk at the scene of the accident. Claimants Richmond Unified School District and Francis Barrett deny that plain- tiff is entitled to recover any damages, but should a judgment or settlement be reached, claimants herein assert that they are entitled .to be indemnified for the comparative portion of any negligence at- tributable to the County of Contra Costa. September 10, 1986 Nepp v. RUSD ,Page 2 The name or names of the public employee or employees causing the injury, damage, or loss are unknown at the present. The amounts claimed by claimants herein are unknown, other than by reference to the complaint of plaintiff. For your information, the deposition of plaintiff Nepp has been scheduled for November 18, 1986. Upon receipt of this claim, it is respectfully requested that the attorney to whom this file is assigned contact the undersigned. Very truly yours, OR & F ELD RUSSELL W. TA LOR RWT:jl Enclosure 1 • 1 11 1 NAPH.-\N & GLASSFORD ATTORNEYS AT LAW 2 169- tar.. STREET JUN w 5 1�E6 OAKLAND. CALIFORNIA 94612 3 TELEPHONE 692.2263 j.r,. OLSSON. Loom} Clefw P. O. BO:t 1917 CC)NTH.*.COSTA COUNTY 4 Oakland, California 94604-1917 _y lj. �t�'�i�� is�` 5 Attorneys for the Plaintiff: iTl Nil iT,CiY HANS H. NEPP 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COST?. 10 HANS H. MEPP, ) 11 Plaintiff, j NO . 7 ) - J 12 vs. ) COMPLAINT FOR DAMAGES (Personal Injury - Auto/ 13 RICH240ND UNIFIED SCHOOL ) Pedest-rian) DISTRICT, FRANCIS BARRETT, ) 14 DOES ONE through FIFTY, ) inclusive, ) 15 ) Defendants . ) 16 ) 17 COMES NOW the plaintiff, HANS H. HEPP , and complains of 18 the defendants above-named, and each of them, and for a cause of 19 action, alleges as follows : 20 1. That the true names and capacities of the defendants 21 sued herein as DOES ONE through FIFTY, are at this time 22 unknown to the plaintiff, who therefore sues said defendants by 23 such fictitious names and prays leave to amend this , his Complaint, 24 to allege the true names and capacities of said defendants when 25 the same have been ascertained, together with the appropriate 26 charging allegations; plaintiff is informed and believes and APHAN r OLMsf090 .,-o•wE-••r.•.. ,....._.,.EE. '�'� 6 1980 o...._, RECE:,r_ 1 thereupon alleges that each of said defendant DOES is in some 2 manner responsible for the happening of the accident hereinafter 3 referred to and the damages resulting therefrom, either in 4 negligence, strict liability or breach of warranty. 5 2. That at all times herein mentioned, the RICHMOND UNIFIED 6 SCHOOL DISTRICT was, and now is , a public entity organized and 7 existing under and by virtue of law and statute in the State of 8 California. 9 3. That on March 26 , 1986 , plaintiff herein served a 10 Claim For Damages on defendant, RICHMOND UNIFIED SCHOOL DISTRICT 11 pursuant to California Government Code Sections 900 through 915 . 4 ; 12 that said Claim was acknowledged on March 27 , 1986 ; that in 13 accordance with California Government Code Section 912 . 4 said 14 required 45 day period in which to reject said claim has elapsed 15 and, therefore, is herewith deemed to be rejected by defendants , 16 RICILMOND UNIFIED SCHOOL DISTRICT. 17 4 . That at all times herein mentioned FRANCIS BARRETT, DOES 18 ONE th=ough FIFTY were the agents, servants and employees 19 of defendant, RICHMOND UNIFIED SCHOOL DISTRICT and at all times 20 herein mentioned, were acting within the course and scope of 21 their said agency and employment. 22 5. That at all times herein mentioned, defendant RICHMOND 23 UNIFIED SCHOOL DISTRICT, DOES ONE through TWENTY-FIVE were the 24 owners of that certain 1982 Ford Futura automobile hereinafter 25 referred to; that at all times herein mentioned, said Deidre L. 26 Johnson, a minor, was the student driver of that said 1982 Ford 'N.1N CLASSFORD I 1 Futura automobile which vehicle was at all times herein mentioned 2 under the direct control and supervision of RICH-MOND UNIFIED 3 SCHOOL DISTRICT, FRANCIS BARRETT, DOES ONE throuch FIFTY; that 4 at -all times herein mentioned, said defendants , FRANCIS BARRETT, 5 DOES TWENTY-SIX through FIFTY were also driving and operating 6 said 1982 Ford Futura automobile with the consent and permission , 7 express or implied, of said defendant owners . 8 6 . That at all times herein. mentioned, San Pablo Dam Road 9 was and is a four lane public road in that certain unincorporated 10 portion of the County of Contra Costa, State of California i 11 extending in a general easterly and westerly direction.; t:.at i 12 Appian Way was and is another public road in said county and 13 state extending in a general northerly and southerly direction 14 and intersecting said San Pablo Dam Road at a point approximately 15 two tenths of a mile east of the scene of the accident complained 16 of herein. i 17 - 7. That at all times herein mentioned, defendant RICHMOND 18 UNIFIED SCHOOL DISTRICT conducted and reauired high school 19 students to undertake and complete a driver ' s education course 20 of study at all local district high schools , including John F. 21 Kenned%, Hich School ; that said activity involved a special danger 22 and presented a peculiar risk of physical harm to others 23 lawfully using the public street where said student drivers-were 24 allowed to drive and operate driver training vehicles owned by 25 RICHMOND UNIFIED SCHOOL DISTRICT; that all of the de-fendants 26 herein named, and each of them, knew, or in the exercise of HAN a.GLASSFORD ♦..a«o c...ua ..a.�e.a •♦n.svas 1 reasonable care should have known of the special danger inherent 2 in and normal to said activity as well as the peculiar risk of 3 physical harm to others unless special precautions are taken; 4 that each of the defendants herein named, failed to exercise 5 reasonable care to take reasonable precaution against the danger 6 inherent in said activity. 7 8. That on or about the 6th day of March, 1986 , plaintiff 8 herein was walking in that certain marled pedestrian crosswalk 9 crossing San Pablo Dam Road at a_ point approximately two tenths 10 of a mile west of the intersection of San Pablo Dam Road and 11 Appian t4ay in that certain unincorporated portion o'_ t:^.e County I i 12 of Contra Costa, State of California; that at said time and 13 place, said defendants , FRANCIS BA-R?—ETT, DOES TWENTY-SIX throuch 14 FIFTY, and Deidre L. Johnson, a minor, were ?riving and operating 1 li that certain 1982 Ford Futura driver training vehicle in a 16 General east bound direction along and upon San ?ablo Darr. Road i 17 with the consent and permission, express or implied, and while 18 in the course and scope of their employment as instructors of 19 driver training or otherwise employed by said defendant owners , � 20 RICHMOND UNIFIED SCHOOL DISTRICT, AND DOES OEN through TWENTY-FIVE 21 that at said time and place, said defendants , and each of them, 22 did so carelessly and negligently own, control , entrust, operate ` 23 and maintain their said 1982 Ford Futura driver training vehicle 24 and further negligently and carelessly failed to supervise the 25 drivinc and operating of said vehicle by student drive: , Deidre 26 L. Johnson, a minor, so as to allow said vehicle to H wn.cLssnoaa ......._...[L, -4- 1 1 violently srike and collide with the person of the plaintiff 2 who was lawfully walking in the marked crosswalk hereinabove 3 described; that as a direct and proximate result of the 4 carelessness and negligence of said defendants , and each of them, 5 plainitff was thrown forcibly to the pavement and did sustain 6 the following personal injuries to :pit: 7 Severe nervous shock, and fricht, severe tear of the mecial 8 collateral licament of the le=t knee , severe st=aining of the right 9 wrist, trauma to the abdomen, bruises and contusions about the 10 body generally, and other undetermined injuries , the nature and 11 extent o� which are unknown at this -'me , and alarm=__ prays �? leave to amend this, his Complaint, to include t^e exact nature 13 and extent of said injuries when the sa=ne can be ascertained; .that ) 14 by reason of said injuries, and each of them, plaintiff was made 15 sick, sore, lame and disabled and plaintiff is informed and I 16 believes and thereon alleges that said injuries are , and each o� 17 them is , nermanent in character. 18 9 . That as a direct and proximate result of the 19 carelessness of said defendants , as hereinabove alleced, plaintiff 20 has been generally damaged in an amount within the jurisdictional 21 purview of this Court. 27 10. That as a further direct and proximate result of the 23 carelessness and negligence of said defendants, and each of-them, 24 as hereinabove alleged, and plaintiff ' s resulting injuries , 25 plaintiff has recuired the services of dulv licensed and 26 practicing physicians and surgeons to examine, treat and care •H�x r G��SSFORD i i 1 for him and has further required x-rays , medications and 2 therapy necessary to the care and treatment of his said injuries , J 3 by reason of which he has incurred liabilities which at this 4 time are unknown to him and plaintiff is informed and believes 5 and therefore alleges that he will necessarily by reason of 6 said injuries require further medical care and treatment and 7 will therefore incur further liabilities, the amounts of which 8 at this time are 1P.v—cwn to him and _plaintiff Dra_vs leave to amend) 9 this, his complaint, to include such amounts when the same have i 10 been ascertained. 11 1_1. That at the time of and for a long time prior to the 12 '.:appening of the aforementioned accident, plaintiff was 13 regula_1v employed; that as a direct and proximate result of the 14 carelessness and negligence of said defendants , and each of them, 15plairt_�_-_ has been unable to pursue his said employment and 16 plaintiff is informed and believes and therefore alleges that ' 17 he tnav be unable t0 purSll2 said em^y 10y=ilent 1n the future; that j 18 plaintiff has sustained and may continue to sustain damages 19 th__eav in amounts which cannot be fully ascertained at this time 20 and plaintiff prays leave to amend this , his complaint, to 21 incluse the exact amount of such lost earnings when the same 22 can be ascertained. 23 12. Pursuant to Civil Code Section 3291, plaintiff herein 24 is Further entitled to recover prejudgment interest at the 25 legal :ate of Ten (100-) percent per annum calculated in 26 accorcance with said section. i I +.K.cLAsxroRn � -..moo..•.a.:>•a - —O_ . i I 1 WHEREFORE, plaintiff prays judgment against the defendants 2 hereinabove named, and each of them, for general damages within 3 the jurisdictional purview of this Court, for his medical costs 4 according to proof, for his lost earnings according to proof, 5 for prejudgment interest calculated pursuant to Section 3291 of 6 the Civil Code , for costs of suit herein incurred, and for such 7 other and further relief as the court may deem just and proper 8 in the premises . 9 Dated: June �Ci , 1986 NAPHAN & GLASSFORD I 10 11 BV_'. Lt. i ; tet i?11C< r.>L'A-L Alfr"i�!d R. :'a=)han 12 l 13 14 I J 16 17 18 19 20 21 23 _ 24 25 vla 26 CLAW ORD I ............. n. ..e.x .•a.zxw � !_ -s f 1 HANS NEPP v. RICfiMCND UNIFIED SCHOOL DISTRICT COMPLAINT FOR DF"^AG S , 2 ` 3 4 5 I 6 • 7 8 9 10 11 I 12 ! 13 STATE OF CALIFORNIA, COUNTY OF CONTRP_ COSTA i4 I , the undersigned , sav : 15 I� I am a party to the above-entitled matter ; the 16 1 ==regoin. doc-.ment is true of my own knowledge , except as to the 17 mutters which are :herein stated cn my in ormaticn and belief, 18 and as to those matters I believe i_t to be true . 19 1 , HANS ii. NFPP certify (name must be t.:ped or printed) 20 I r_or ',eclarel , under penalty of perjury* , that the foregoing is 21 true and correct . 22 Executed on June 20, 148G , at Oakland , 23 California , 24 25 riniv� tt. .v�_Y • 26 1 `.'e : ications , being signed under penalty of perjury , do not kPNAN.Gt.a55FORD req;; ire n 0 t a r i _ n . 3t :C ROMNCVS AT LwM' I{ tf - fT� STREET G ♦n6wN O. CIL ��f12 [:i PNONC f3>s65 I M` !. , .. � .. ......�_... ..�. _. _..+__ nem..._...�:.t......__._..1._........a_.��__....—tee._... G' �� CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 14, 1986 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $300, 000- 00 Section 913 and 915.4. Please riot a'; i "WARNI65bfItY Counsel CLAIMANT: COLLEEN CU14MINGS SEP c/o Lowell E. Richards , ATTORNEY: Suskind & Richards Martinez, CA 9,ir;.17,11; 1934 Contra Costa Boulevard Date received September 15 , 1986 ADDRESS: Pleasant Hill, CA 94523 BY DELIVERY TO CLERK ON p BY MAIL POSTMARKED: September 12 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. C�/ DATED: September 23 , 1986 BqIL ELOR, Clerk gATCHf/./ / ✓ �� : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors OC) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ,�'� �/ /o �o BY (J� � • puty County Counsel b III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unaimous vote of the Supervisors present (x) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. OCT 141986 .Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail -to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 2 1 1986 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator SUSKIND AND RICHARDS ATTORNEYS AT LAW 1934 CONTRA COSTA BOULEVARD PLEASANT HILL,CALIFORNIA 94523 BARBARA SUSKIND (415)676-5160 LOWELL E. RICHARDS September 12, 1986 SEP /S1�a T H€Lon T0 : Board of Supervisors [RD.-EIVED CLeK O SOAP , oas Contra Costa County : 651 Pine Street b Martinez, CA 94553 Re : Colleen Cummings, Medical Malpractice at County Hospital on or about 7-14-86 Dear Sirs : This is to inform you of a claim for damages made by Colleen Cummings. This claim involves medical malpractice at the County Hospital in Martinez in July, when a D & C operation was improperly performed, and follow-up care caused serious infection. The specifics of the claim are as follows : 1. The claimant is Colleen Cummings, 572 Marina Road, west Pittsburg, California 94565. 2 . Notices regarding this claim should be sent to Lowell E . Richards, Suskind & Richards, 1934 Contra Costa Boulevard, Pleasant Hill, California 94523 . 3 . This claim rose out of a D & C operation performed on July 14, 1986, at County Hospital in Martinez . After the operation, medical personnel told Colleen that she was fine, and that she should go home. Shortly afterwards, she passed a fetus that had apparently been missed by the operation. After that traumatic experience, she reported to the hospital for treatment but was told that everything was fine. In fact, a raging infection had to be controlled through alternate medical care. 4 . The injuries to Ms. Cummings include (but are not limited to) severe emotional distress, including dreams, loss of sleep, loss of appetite, physical distress for an extended period of time following the A sf lL ^1 County Board of Supervisors -2- September 12, 1986 operation, and permanent physical damages the extent of which are unknown at this- time. 5. The names of the employees are not all known at this time, but include Dr . Gleffe and Dr. Rodriguez, all of whom are employees of County Hospital. 6 . Ms. Cummings claims $300, 000. 00 in damages, insofar as is known to her at this time. This is based on medical costs to date of approximately $1, 000.001 costs of therapy, which are ongoing, general damages for pain suffering and mental anguish, and possible punitive damages for gross negligence. I look forward to your response at an early date. Ver tnuly gyouurs, LOWELL E . RICHARDS Z cc : Ms. Colleen Cummings CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 14, 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), gi:=n pu rtant to Government Code $25 , 000. 00 Section 913 and 915.4. Please not all "WARNINGS". l County COLIIIS01 CLAIMANT: ER14EST EUMUND HUBER c/o Kerry H. Gough SEP 2 1' 1986 ATTORNEY: Bonjour, Gough & Thorman 24301 Southland Drive, Date received nM�1� ( Er�q n1;i',3 ADDRESS: Suite 312 BY DELIVERY TO CLERK ON Septembe �1�, `"19 36 Hayward, CA 94545 BY MAIL POSTMARKED: September 17 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: September 23 , 1986 JyIL ELOR, Clerk gATCH �� : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Gated: � �� &o BY: C4[ _ C �y County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unaimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: OCT 14 1986 PHIL BATCHELOR, Clerk, BX � Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. OCT 2 1 1986 Dated: BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator i BONJOUR, GOUGH & THORMAN ATTORNEYS AT LAW A PROFESSIONAL CORPORATION JULES FREDERICK BONJOUR,JR. 14301 SOUTHLAND DRIVE,SUITE 312 KERRY M.GOUGH HAYWARD,CALIFORNIA 945451578 MICHAEL P.THORMAN (415)7858400 BARBARA M.COHEN September 17 , 1986 Clerk , Board of Supervisors 651 Pine Street , Room 106 Martinez , CA 94553 Re : Huber v • County of Contra Costa Dear Sir/Madam : Enclosed please find original and two copies of Claim Against the County of Contra Costa . Please return in the enclosed envelope one copy marked "endorsed-received" . Thank you for your cooperation . Very truly yours , 4IRZ JOUR , & T ORMAN RY -M.. GOUGH KMG: gl Enclosure CLAIM AGAINST THE COUNTY OF CONTRA COS ., ♦yF� 96 CLAIMANT'S NAME (print) : ERNEST EDMUND HUBER �S°$ CLAIMANT'S ADDRESS: 498 Florence Drive, Lafayette, California AMOUNT OF CLAIM $ 25 nr r:�^ KERRY M. COUGH BONJOUR , GOUGH & THORMAN ADDRESS TO WHICH NOTICES ARE TO BE SENT (print): 24301 Southland Drive , Shite 312 Street or P.O. Box Number Hayward , California 94545 City Zip Code DATE OF ACCIDENT✓INCIDENT: 9/7/86 - 9/8/86 LOCATION OF ACCIDENT: 498 Florence Drive, Lafayette, California , and Contra Costa County Jail , Martinez , California HOW DID ACCIDENT OCCUR: SEE ATTACHED DESCRIBE INJURY OR DAMAGE: Loss of reputation, false imprisonment, emotional anguish and humiliation, verbal abuse. by jailers , and other general damages arising from emotional distress and illegal confinement . NAME OF PUBLIC IMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: A clerk whose initials are JM. The names of the Sheriff ' s officers and Lafayette Police officers are unknown. ITEMIZATION OF CLAIM (List items totalling amount set forth above): General damages , consisting of humilia- $ tion , loss of reputation , emotional $ anguis , ver a a use by jailers , illegal confinement , and possible loss of $ employment . $ 25 , 000 . 00 $ 1 TOTAL $ 25 , 000 . 00 Signed by or on behalf of Claimant: Dated: September �1 , . 1986 CLAIM AGAINST THE COUNTY OF CONTRA COSTA Ernest E. Huber Attachment HOW DID ACCIDENT OCCUR: Claimant was ordered to perform volunteer work as part of the court probation arising out of Action No . 068079-3 . Claimant performed the volunteer work , but the volunteer organization failed to provide proof of performance of such work to the court . Thereafter , claimant was given notice to appear in court on June 9, 1986 , at 9: 30 a .m . Such notice was mailed on or about May 1 , 1986 . On May 23 , 1986 , Claimant presented proof of having performed his WAP and was told by the clerk that she would take care of everything and he need not appear on June 9 , 1986 . The records of the court indicate that on May 23 , 1986, proof of two days WAP was received and that was initialed by a clerk known as initials JM . Thereafter , on or about September 7 , 1986 , Claimant was arrested by Contra Costa County Sheriff ' s officers , in their capacity , it is assumed , as Lafayette police officers , and was escorted to the Martinez jail , where he was held for approximately 28 hours before being released . Claimant was exposed to humiliation , ridicule and loss of reputation , inasmuch as many of his neighbors observed his arrest taking place in broad daylight in the driveway of his house on a Sunday . AMENi EDCLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 14, 1986 rand Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Wo , 000. 00 Section 913 and 915.4. Please not all "WARNINGS". CLAIMANT: HARRY M. ETZLER c/o Law Offices of Melvin M. Belli ATTORNEY: Richard E. Brown, Esq. 722 Montgomery Street Date received ADDRESS: San Francisco, CA 94111 BY DELIVERY TO CLERK ON September 9, 1986 BY MAIL POSTMARKED: August 7 , 1986-App. Late Cl. Certified P 194 062 889 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IdIL gATCHELOR, Clerk DATED: October 8 , 1986 : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (�() This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim isnot timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �sK�— gJ I �� BY: duty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unaimous vote of the Supervisors present ,95 Ail 71/OFp (,C ) This Claim 4is 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: OCT 14 1986 PHIL BATCHELOR, Clerk, By �J�^� , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately, AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 2 11986 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator - e SUPPLEMENTAL CLAIM AGAINST THE COUNTY OF CONTR CTA _ sFP ;Ptd CLAIMANTS' NAME: HARRY M. ETZLER e c� X986 CLAIMANT'S ADDRESS: c/o LAW OFFICES OF MELVIN M. OW RICHARD E. BROWN, ESQ. Oq� 722 Montgomery Street San Francisco, CA 94111 (415) 981-1849 AMOUNT OF CLAIM: $500 , 000 . 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: RICHARD BROWN, ESQ. LAW OFFICES OF MELVIN M. BELLI 722 Montgomery St . San Francisco, CA 94111 DATE OF INCIDENT: December 23 , 1985 LOCATION OF INCIDENT: Sunvally Mall Shopping Center Concord, CA HOW DID IT OCCUR: The County of Contra Costa negligently approved the planning, design and construction of the Sunvalley Mall Shopping Center in the path of the landing and take-off corridor of nearby Buchanan Field airport, and knew, or should have known, said area would be subject to aircrash accident . A two-engine Beechcraft plane, piloted by James Graham, crashed into the Sunvalley Mall , which was packed with pre-Christmas shoppers . The crash caused flaming aviation fuel and tons of debris to shower over a crowded section of the mall, including claimant, HARRY M. ETZLER. DESCRIBE DAMAGE OR INJURY: Claimant suffered injury to his stomach, head, neck and shoulders , loss of consortium, loss of wages and earning capacity. In addition, MR. ETZLER suffers from extreme emotional distress , fright, anxiety, and nightmares . NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown at the present time. ITEMIZATION OF DAMAGES: Hospital and medical expenses Unknown at the present time 'and continuing . Signed by or on behalf of Claimant f RICHARD BROWN, ESQ. Dated: August 1, 1986 EXHIBIT R SUPPLEMENTAL CLAIM AGAINST THE COUNTY OF CONTRA COSTA CLAIMANTS' NAME: GLORIA ETZLER CLAIMANT'S ADDRESS: c/o LAW OFFICES OF MELVIN M. BELLI RICHARD E . BROWN, ESQ. 722 Montgomery Street San Francisco, CA 94111 (415) 981-1849 AMOUNT OF CLAIM: $500, 000 . 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: RICHARD BROWN, ESQ. LAW OFFICES OF MELVIN M. BELLI 722 Montgomery St . San Francisco, CA 94111 DATE OF INCIDENT: December 23, 1985 LOCATION OF INCIDENT: Sunvally Mall Shopping Center Concord, CA HOW DID IT OCCUR: The County of Contra Costa negligently approved the planning, design and construction of the Sunvalley Mall Shopping Center in the path of the landing and take-off corridor of nearby Buchanan Field airport , and knew, or should have known, said area would be subject to aircrash accident . A two-engine Beechcraft plane, piloted by James Graham, crashed into the Sunvalley Mall, which was packed with pre-Christmas shoppers . The crash caused flaming aviation fuel and tons of debris to shower over a crowded section of the mall, including claimant , HARRY M. ETZLER. DESCRIBE DAMAGE OR INJURY: Claimant suffered injury to her head, ;neck, back, and both knees , loss of consortium, loss of wages and earning capacity. In addition, MRS. ETZLER suffers from extreme emotional distress, fright, anxiety, and nightmares . NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown at the present time. ITEMIZATION OF DAMAGES: Hospital and medical expenses Unknown at the present time 'and continuing . Signed by or on behalf of Claimant RICHARD BROWN, ESQ. Dated: August 1, 1986 EXHIBIT - RECEIVED CLAIM AGAINST THE COUNTY OF CONTRA COSTA h gR 11 lt.dd PHIL BRTCHELon I. CLAIH&VT'S NA?ff (print): Gloria Etzler ca. RK:oARo�:STAZHVI;oRS • DeDury 2. CLAI?L4%T'S ADDRESS: 1515-40th Avenue, Oakland, California 94601 (address) (City) (State) (Zip Code) 3. OF CLAIM $200, 000.00 PHONE 100. 261-0116 4, ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT FROM LINES'1 and 2: (print) Fred F. Cooper, Attorney at Law (Name) Tribune Tower, 13th "& Franklin (Street or P.O. Box Number) Oakland, California 94612 (City) (State) (Zip Code) S. DATE OF ACCIDENT/LOSS: December 23, 1985, approximately 8: 30 p.m. 6. LOCATION OF ACCIDENT;LOSS: Sun Valley Mall in Concord, California and Buchanan Field Airport 7. ROL, DID ACCIDENTiLOSS OCCUR: The County of Contra Costa allowed, permitted and ratified the building of the Sun Valley Mall, a populated shopping mall in close proximity to Buchanan Field Airport. On December 23, 1985, a Beechcraft plane crashed into the mall. The County was negligent in causing the crash; the County is liable under strict (continued) 8. DESCRIBE INJURY/DAMAGE/LOSS: Investigation under way presently. 9. NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY/DAMAGE/LOSS. IF KNOWN: Investigation under way presently. 10. ITEMIZATION OF CLAIM (list items totalling amount set forth above): Investigation under way presently. 8 S S 5 TOTAL 4 11. Signed by or on behalf of Claimant: ✓ ti+ 2.2. Dated: t EEI♦H� , Claim to Contra Costa County Board of Supervisors - Gloria Etzler Continuation of No. 7: liability for the cause of the occurrence. Does 300 to 350 were employees and agents of the County of Contra Costa and were in their various capacities responsible in some manner for the placement of Sun Valley Mall in close proximity to the airport, for the inadequate and outdated landing and directional navigation systems, for the other actions which caused and contributed to the injury to plaintiff and others. The County of Contra Costa is liable for the acts, omissions and conduct of its employees and agents. Contra Costa County, Buchanan Field Airport and Does 300 to 350 acted with a conscious disregard for the rights and safety of the public in allowing the Mall to be built in such close proximity to Buchanan Field Airport and as such are liable for punitive and exemplary damages. CLAIM AGAINST THE COUNTY OF CONTRA COSTA 1. CLAI"Ul,-T'S NA*2 (print): Harry M. Etzler 2. CLATA\T'S ADDRESS: 1515 - 40th Avenue, Oakland, California_ 94601 (address) (City) (state) (Zip Code) 3. A_%Q17NT OF CLAIM $ 200 ,0.00.00 PHONE N0. 261-0116 4. ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF Fred F. Coo er. Attorne at Law M LINE ysn� (print) P r Attorney _ at Vf ELD (Name) .�.� � Tribune Tower, 13th &--Franklin (Street or P.O. Box Number) Oakland, California 94612 rMn MTC-FLOI (City) (State) (Zip Code) lC CO G:;u��+VISORS J\ A OSTA S. DATE a Dep ember .23, 1985, approximately 8:30 p.m. 6. LOCATION OF ACCIDEh'T,!LOSS: Sun Valley Nall in Concord, California and Buchanan Field Airport 7. 50161 DID ACCIDENT 'LOSS OCCUR: The County of Contra Costa al lowed,j?Prm;ttPd and ratified the building of the Sun Valley Mall , a populated shopping mall in close proximity to Buchanan Field Airport. On December 23 . 1985, a Beechcraft plane crashed into the mall . The County was negligent in causing the crash; the County is liable under strict (continued) 8. DESCRIBE INJURY/DAMAGE/LOSS: Investigation under way presently. 9. NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY/DAMAGE/LASS, IF KNOWN: Investigation under way presently. 10. ITEMIZATION OF CLAIM (list items totalling amount set fortb.above): Investigation under way presently. S . S S S TOTAL 6 11. Signed by or on behalf of Claimant: 3.2. Dated: ny Claim to Contra Costa County Board of Supervisors - Harry M. Etzler Continuation of No. 7: liability for the cause of the occurrence. Does 300 to 350 were employees and agents of the County of Contra Costa and were in their various capacities responsible in some manner for the placement of Sun Valley Mall in close proximity to the airport, for the inadequate and outdated landing and directional navigation system, for the other actions which caused and contributed to the injury to plaintiff and others. The County of Contra Costa is liable for the acts, omissions and conduct of its- employees and agents. Contra Costa County, Buchanan Field Airport and Does 300 to 350 acted with a conscious disregard for the rights and safety of the public in allowing the Mall to be built in such close proximity to Buchanan Field Airport and as such are liable for punitive and exemplary damages. NOTICE OF INSUFFICIENCY _VD/OR NON-ACCEPTANCE OF CLAIM TO: Fred F. Cooper Tribune Tower -- r 13th & Franklin < < Oakland CA 94612 Re: Claim of HARRY M. ETZLER Please Take Notice as follows: The claim you presented against the County of Contra Costa or District governed by- the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 .2 , or is otherwise insufficent for the reasons checked below: 1. The claim fails to state the name and post office address of the claimaint. 2. The claim .fails to state the post office address to ,which the person presenting the claim desires notices to Le sent. 3. The claim fails to state the date, place or other circum- stances of the occurrence or transaction which gave rise to the claim asserted. 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. x .,5. The claim fails to state tart )dxnxlo6wedcxacKxxfxxbhcxxk3= Ocdc �tx�Cxec��ticxuaidxxxfxxac�txx��c xjax�C� xbck9c�cxcx }daaxx�ax�cxnaac the basis of computation of the amount clained. (See #7) 6. The claim is not signed by the claimant or by some person on his behalf. x 7. Other: The claim fails to give a general description of the injury ori which you basedyour amount claimed. VICAR J. WrSTMAN, 1/County Counsel By Deputy Ounty Counsel 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 cony 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) having delivery service by U.S. !`4a'. 1) , which envelope (s) was then sealv�d. and postage fully pre,p..iid thereon, and thereafter was, on this day deposited in the U.S. Mail 'at Martinez/Concord , Contra Ccsta County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated; April 4, 1986 at Martinez, California. CC.* Clerk of the Board of Superviso s (original) Administrator (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. C. §5:110, 910 .2 , 910.4 , 910 . 8) EXHIBIT C1 - - -- - G �f 5 a��,••+�¢�cc� sv�ADt7� �'G,"Q"`'�a'"'jiAz'`„'.. -- _. ---- - - - - ---- --- - - q4 -EXH I B 1T-- - � - -- --_-_ �JeC SUPPLEMENTAL CLAIM AGAINST THE COUNTY OF CONTRA OSTA . ��102._loas CLAIMANTS' NAME: GLORIA ETZLER CLAIMANT' S ADDRESS: c/o LAW OFFICES OF MELVIN M. BELLI RICHARD E. BROWN, ESQ. 722 Montgomery Street San Francisco, CA 94111 (415) 981-1849 AMOUNT OF CLAIM: $500, 000 . 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: RICHARD BROWN, ESQ. LAW OFFICES OF MELVIN M. BELLI 722 Montgomery St . San Francisco, CA 94111 DATE OF INCIDENT: December 23, 1985 LOCATION OF INCIDENT: Sunvally Mall Shopping Center Concord, CA HOW DID IT OCCUR: The County of Contra Costa negligently approved the planning, design and construction of the Sunvalley Mall Shopping Center in the path of the landing and take-off corridor of nearby Buchanan Field airport, and knew, or should have known, said area would be subject to aircrash accident . A two-engine Beechcraft plane, piloted by James Graham, crashed into the Sunvalley Mall , which was packed with pre-Christmas shoppers . The crash caused flaming aviation fuel and tons of debris to shower over a crowded section of the mall, including claimant, GLORIA ETZLER. DESCRIBE DAMAGE OR INJURY: Claimant suffered injury to her head, neck, back, and both knees, and loss of consortium, loss of wages and earning capacity. In addition, MRS. ETZLER suffers from extreme emotional distress, fright, anxiety, and nightmares . NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown at the present time. ITEMIZATION OF DAMAGES: Hospital and medical expenses Unknown at the present time and continuing . Signed by or on behalf of Claimant — RICHARD BROWN, ESQ. Dated: March 22, 1986 EXHIBIT � r SUPPLEMENTAL CLAIM AGAINST THE COUNTY OF CONTRA OSTA./U`02 to? T �qV CLAIMANTS' NAME: HARRY M. ETZLER CLAIMANT'S ADDRESS: C/o LAW OFFICES OF MELVIN M. BELLI RICHARD E. BROWN, ESQ. 722 Montgomery Street San Francisco, CA 94111 (415) 981-1849 AMOUNT OF CLAIM: $500, 000 . 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: RICHARD BROWN, ESQ. LAW OFFICES OF MELVIN M. BELLI 722 Montgomery St. San Francisco, CA 94111 DATE OF INCIDENT; December 23, 1985 LOCATION OF INCIDENT: Sunvally Mall Shopping Center Concord, CA HOW DID IT OCCUR: The County of Contra Costa negligently approved the planning, design and construction of the Sunvalley Mall Shopping Center in the path of the landing and take-off corridor of nearby Buchanan Field airport, and knew, or should have known, said area would be subject to aircrash accident . A two-engine Beechcraft plane, piloted by James Graham, crashed into the Sunvalley Mall, which was packed with pre-Christmas shoppers . The crash caused flaming aviation fuel and tons of debris to shower over a crowded section of the mall , including claimant, HARRY M. ETZLER. DESCRIBE DAMAGE OR INJURY: Claimant suffered injury to his stomach, head, neck and shoulders, loss of consortium, loss of wages and earning capacity. In addition, MR. ETZLER suffers from extreme emotional distress, fright, anxiety, and nightmares. NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown at the present time. ITEMIZATION OF DAMAGES: Hospital and medical expenses Unknown at the present time and continuing . Y Signed b or on behalf of Claimant 9 RICHARD BROWN, ESQ. Dated: March 22 , 1986 EXHIBIT � i The Board of Supervisors Cornua pek W%PhN ofow"'°' aw /r aoW County AdmCosta Administration Building co(41 5) r°` 0.0 Box Ott MCalifornia0^ an�nez, California94553ia �553 �..JJL�JJ yen•ewn.tat DOWICI . IY�q C iM��lr+t7 prtrn A�y.q t `(Ir�f,1r0 O�tnn �„nrU W4gt+t roiyt./ln ptttnct -•7' Vfes^, D Z i T�TMW�rt.fM pstnp ,Lill 1 i GLORIA ETZLER c/o Law Offices of Melvin M. Belli Richard E. Brown, Esq. 722 Montgomery Street San Francisco, CA 94111 tts"JPICE TO CLklm " Late-Yj'l� as amended) (Goverment Code Section 911.3) as amended (�J The claim4you presented to the Hoard of Supervisors of Contra Costa County, California, as governing body of the xx County of Contra Costa and/or District, on July 2 , 1986 is being returned to you herewith becauseJuit wasnot present thin 100 days after the am t or occurrence as required by law. (See Sections 901 and 911.2 of the Government Code.) Because the claim was not presented within the time allowed by lew, no action was taken on the claim. Your only ream rse at this time is to apply without delay to the Board of Supervisors (in its capacity noted above) for leave to present a late claim. (See Sections 911.4 to 912.20, irclueive, and Section 946.6 of the Government Code.) Under some circumstances, leave to present a late claim will be granted. (See Section 911.6 of the Goverment Code.) You may seek the advice of an attorney of your choice in connection with this natter. If you desire to consult an attor- ney, you should do so immediately. TO BS FILLED IN BY OM CUM CF THE BCtAJ3D ONLY IF APPLICN3 E: ( ) Since a portion of your claim is not untimely, we are retaining a copy of ycar claim for Hoard action an that portico of your claim which is not untimely, pbj Batchebr, Clerk of the Board of SuperoViis n&W county AdminiWatu by: ��— Deputy Clerk Dates Julv 10•, 1986 EXHIBIT �' PM Note The Board of Supervisors C01'1tf'd Cook of go board ow County Administration Building c N a)an us+ V;0 BOA 10t t Martinez, California 94553 Tom Powers.+a DOrrtt NMc7 C iMr4+4 end oMtrrtt `—.. -- - goW YO Gstnct aynrr on,nt lkft" an+Dsmct E 1 That'Torte"".Vh Dytrrp . TO: HARPY M. ETZLER c/o Law Offices of Melvin M. Belli Richard E. Brown, Esq. 722 Montgomery Street San Francisco , CA 94111 NM CE TO CLAIINAW PT Late-Virli( �& a as amended). (Go eam�ended� Sion 911.3) (� 4t)e claim Ayou presented to the Board of Supervisors of Contra Costa County, California, as governing body of the �f x Cotunty of Oontra Costa and/or District, an July 2` 1986 is being returned to you herewith because t was not presented within 100 days after the event or occurrence as required by law. (See Sections 901 and 911.2 of the Government Code.) Because the claim was not presented within the time allowed by lawe no action was taker an the claim. Your only recourse at this time is to apply without delay to the Board of Supervisors (in its capacity noted above) for leave to present a late claim. (See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code.) Under same cirm mstanoese leave to present a late claim will be granted. (See Section 911.6 of the Government Code.) You may seek the advice of an attorney of your choice in connection with this matter. If yvu desire to consult an attor- ney, you should do so immediately. 20 BE PIKED IN BY TIM CLM Cr MM Davo OILY IF AMJCABIB: ( ) since a portion of your claim is not untimely, we are retaining a appy of your claim for Board action an that portion of your claim which is not untiuely. Phil BatcheW,Clerk of the Board of $upenviW$and County AdminiWaty By: Deputy Clerk Date: July 10., 1986 E Xttl Y..d SUPPLEMENTAL CLAIM AGAINST THE COUNTY OF CONTRA COSTA CLAIMANTS' NAME: HARRY M. ETZLER CLAIMANT' S ADDRESS: c/o LAW OFFICES OF MELVIN M. BELLI RICHARD E. BROWN, ESQ. 722 Montgomery Street San Francisco, CA 94111 (415) 981-1849 AMOUNT OF CLAIM: $500, 000 . 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: RICHARD BROWN, ESQ. LAW OFFICES OF MELVIN M. BELLI 722 Montgomery St . San Francisco, CA 94111 DATE OF INCIDENT: December 23 , 1985 LOCATION OF INCIDENT: Sunvally Mall Shopping Center Concord, CA HOW DID IT OCCUR: The County of Contra Costa negligently approved the planning, design and construction of the Sunvalley Mall Shopping Center in the path of the landing and take-off corridor of nearby Buchanan Field airport, and knew, or should have known, said area would be subject to aircrash accident. A two-engine Beechcraft plane, piloted by James Graham, crashed into the Sunvalley Mall, which was packed with pre-Christmas shoppers . The crash caused flaming aviation fuel and tons of debris to shower over a crowded section of the mall, including claimant, HARRY M. ETZLER. DESCRIBE DAMAGE OR INJURY: Claimant suffered injury to his stomach, head, neck and shoulders, loss of consortium, loss of wages and earning capacity. In addition, MR. ETZLER suffers from extreme emotional distress, fright, anxiety, and nightmares. NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown at the present time. ITEMIZATION OF DAMAGES: Hospital and medical expenses Unknown at the present time- and continuing . Signed by or on behalf of Claimant RICHARD BROWN, ESQ. Dated: August 1, 1986 AMENDED t CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 14, 186 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice o California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $500, 000. 00 ��c0ui, 913 anu 915.4. Please not all "WARNINGS". CLAIMANT: GLORIA ETZLER c/o Law Offices of Melvin M. Belli ATTORNEY: Richard E. Brown, Esq . 722 Montgomery Street Date received ADDRESS: San Francisco , CA 94111 BY DELIVERY TO CLERK ON September 9 . 1986 BY MAIL POSTMARKED: August 7 , 1986-App . Late Cl . Certified P 194 062 889 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PFHHIL BATCHELOR, Clerk DATED: October 8 , 1986 BY: Deputy C7 L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: CSS c3 % 98L, BY: �.�Ii C c-cmc �peputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unaimous vote of the Supervisors present A5 #m&WopZ4 x) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: OCT 14 1986 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in.the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 2 1 198 6 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator SUPPLEMENTAL CLAIM AGAINST THE COUNTY OF CONTRA TA IV CLAIMANTS' NAME: HARRY M. ETZLER Sep Q � SSS CLAIMANT' S ADDRESS: c/o LAW OFFICES OF MELVIN eq RICHARD E. BROWN, ESQ. q 722 Montgomery Street �sogs San Francisco, CA 94111 (415) 981-1.849 AMOUNT OF CLAIM: $500, 000 . 00 ADDRESS .TO WHICH NOTICES ARE TO BE SENT: RICHARD BROWN, ESQ. LAW OFFICES OF MELVIN M. BELLI 722 Montgomery St . San Francisco, CA 94111 DATE OF INCIDENT: December 23, 1985 LOCATION OF INCIDENT: Sunvally Mall Shopping Center Concord, CA HOW DID IT OCCUR: The County of Contra Costa negligently approved the planning, design and construction of the Sunvalley Mall Shopping Center in the path of the landing and take-off corridor of nearby Buchanan Field airport, and knew, or should have known, said area would be subject to aircrash accident . A two-engine Beechcraft plane, piloted by James Graham, crashed into the Sunvalley Mall, which was packed with pre-Christmas shoppers . The crash caused flaming aviation fuel and tons of debris to shower over a crowded section of the mall, including claimant, HARRY M. ETZLER. DF,SCRTRE DAMAGE OR INJURY: Claimant suffered injury to his stomach, head, neck and shoulders , loss of consortium, loss of wages and earning capacity. In addition, MR. ETZLER suffers from extreme emotional distress, fright, anxiety, and nightmares . NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown at the present time. ITEMIZATION OF DAMAGES: Hospital and medical expenses Unknown at the present time and continuing. Signed by or on behalf of Claimant //4 RICHARD BROWN, ESQ. Dated: August 1, 1986 EXH11031T ' SUPPLEMENTAL CLAIM AGAINST THE COUNTY OF CONTRA COSTA CLAIMANTS' NAME: GLORIA ETZLER CLAIMANT'S ADDRESS: c/o LAW OFFICES OF MELVIN M. BELLI RICHARD E. BROWN, ESQ. 722 Montgomery Street San Francisco, CA 94111 (415) 981-1849 AMOUNT OF CLAIM: $500, 000. 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: RICHARD BROWN, ESQ. LAW OFFICES OF MELVIN M. BELLI 722 Montgomery St . San Francisco, CA 94111 DATE OF INCIDENT: December 23 , 1985 LOCATION OF INCIDENT: Sunvally Mall Shopping Center Concord, CA HOW DID IT OCCUR: The County of Contra Costa negligently approved the planning, design and construction of the Sunvalley Mall Shopping Center in the path of the landing and take-off corridor of nearby Buchanan Field airport, and knew, or should have known, said area would be subject to aircrash accident. A two-engine Beechcraft plane, piloted by James Graham, crashed into the Sunvalley Mall, which was packed with pre-Christmas shoppers . The crash caused flaming aviation fuel and tons of debris to shower over a crowded section of the mall, including claimant, HARRY M. ETZLER. DESCRIBE DAMAGE OR INJURY: Claimant suffered injury to her head, neck, back, and both knees, loss of consortium, loss of wages and earning capacity. In addition, MRS. ETZLER suffers from extreme emotional distress, fright, anxiety, and nightmares . NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown at the present time. ITEMIZATION OF DAMAGES: Hospital and medical expenses Unknown at the present time and continuing . ?G� Signed by or on behalf of Claimant RICHARD BROWN, ESQ. Dated: August 1, 1986 EXHIBIT - FRECEIVED CLAIM AGAINST THE COUNTY OF CONTRA COSTA1z�C0 PHIL DATCHELOTI 1. CLAIMA\T'S NA'M (print): Gloria Etzler CL. RKi0ARD J:SUP24VISORS K COSTA CO Depy 2. CLAIMA\T'S ADDRESS: 1515-40th Avenue, Oakland, California 94601 (address) (City) (State) (Zip Code) 3. Ax3Jl'-T OF CLAIM $ 200r000.00 PHONE N0. 261-0116 4. ADDRESS TO WHICH NOTICES ARE TO BE SENT. IF DIFFERENT FROM LINES 1 and 2: (print) Fred F. Cooper, Attorney at Law (Name) Tribune Tower, 13th ••& Franklin (Street or P.O. Box Number) _ Oakland, California 94612 (City) (State) (Zip Code) S. DATE OF ACCIDENT/LOSS:_ December 23, 1985, approximately 8:30 p.m. 6. LOCATION OF ACCIDENTrLOSS: Sun Valley Mall in Concord, California and Buchanan Field Airport 7. HOW DID ACCIDENT/LOSS OCCUR: The County of Contra Costa allowed, permitted and ratified the building of the Sun Valley Mall, a populated shopping mall in close proximity to Buchanan Field Airport. On December 23, 1985, a Beechcraft plane crashed into the mall. The County was negligent in causing the crash; the County is liable under strict (continued) 8. DESCRIBE INJURY/DAMAGE/LOSS: Investigation under way presently. 9. NAME OF PUBLIC EMPLOYEES) CAUSING INJURY/DAMAGE/LASS. IF KNOWN: Investigation under way presently. 10. ITLMIZATION OF CLAIM (list items totalling amount set forth above): Investigation under way presently. S S S TOTAL S 11. Signed by or on behalf of Claimant: ✓ "�+ 12. Dated: Claim to Contra Costa County Board of Supervisors - Gloria Etzler Continuation of No. 7: liability for the cause of the occurrence. Does 300 to 350 were employees and agents of the County of Contra Costa and were in their various capacities responsible in some manner for the placement of Sun Valley Mall in close proximity to the airport, for the inadequate and outdated landing and directional navigation systems, for the other actions which caused and ,contributed to the injury to plaintiff and others. The County of Contra Costa is liable for the acts, omissions and conduct of its employees and agents. Contra Costa County, Buchanan Field Airport and Does 300 to 350 acted with a conscious disregard for the rights and safety of the public in allowing the Mall to be built in such close proximity to Buchanan Field Airport and as such are liable for punitive and exemplary damages. i CLAIM AGAINST THE COUNTY 'OF CONTRA COSTA 1. CLAIMA'NT'S NAME (print): Harry M. Etzler 1515 - 40th Avenue, Oakland, California 94601 2. CLAIMANI'S ADDRESS: (address) (City) (State) (Zip Code) 3. A"1il'XT OF CLAIM $ 200 ,000.00 PHONE NO. 261-0116 4. ADDRESS TO WMICH NOTICES ARE TO BE SENT. IF Fred F. Cooper., Attorney at Law DIF. L . '-'' L NE5 an (print) _'C'JJ �,T-4 Tribune Towner, 13th & Franklin {Street ax P.O. Box Number) Oakland, California 94612 rH L eAIc�=Loz (City) (State) (Zip Code) LE [0 G�5r°°��'t�OR5 0 A O 'Fj S. DATEa De° ember -23 , 1985, approkimately 8: 30 p.m. 6. LOCATION OF ACCIDENTILOSS: Sun Valley Mall in Concordt California and Buchanan Field Airport 7. BOW DID ACCIDENTiLOSS OCCUR: The County of Contra Costa alrmiterj _ and ratified the building of the Sun Valle Mall a o Mated sh ina mall in close Proximity-to-Buchanan Field Airport On December 23-. _ 1985, a Beechcraft plane crashed into the mall. The Count w negligent in causing the crash; the County is liable under strict- (co inued) $. DESCRIBE INJURY/DAMAGE/LOSS:--: Investigation under waY presently. — 9. NAME OF PUBLIC F.MFLOYEE(S) CAUSING INJURY/DAMAGE/LASS. IT KNOWN: Investigation under wa resentl . 10. ITEMIZATION OF CLAIM (list items totalling amount set forth above): Investigation under way presently. S TOTAL S 11. Signed by or an behalf of Claimant- . U. Dated: --� ) s • Claim to Contra Costa County Board of Supervisors - Harry M. Etzler Continuation of No. 7: liability for the cause of the occurrence. Does 300 to 350 were employees and agents of the County of Contra Costa and were in their various capacities responsible in some manner for the placement of Sun Valley Mall in close proximity to the airport, for the inadequate and outdated landing and directional navigation system, for the other actions which caused and contributed to the injury to plaintiff and others. The County of Contra Costa is liable for the acts, omissions and conduct of its employees and agents. Contra Costa County, Buchanan Field Airport and Does 300 to 350 acted with a conscious disregard for the rights and safety of the public in allowing the Mall to be built in such close proximity to Buchanan Field Airport and as such are liable for punitive and exemplary damages. 1 NOTICE OF INSUFFICIENCY AYD/0R NON-ACCEPTANCE OF CLAIM TO: Fred F. Cooper Tribune Tower 13th & Franklin t Oakland CA 94612 Re: Claim of HARRY M. ETZLER Please Take Notice as follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910. 2, or is otherwise insufficent for the reasons checked below: 1. The claim fails to state the name and post office address of the claimaint. 2. The claim fails to state the post office address to -which the person presenting the claim desires notices to ),e .sent. 3. The claim fails to state the date, place or other circum- stances of the occurrence or transaction whJch crave rico to the claim asserted. 4. The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. X .,5. The claim fails to state b��c��t� xtfixxxx otQt Xxpdx3c�e�cx�tut�a�cxys6c�aax�cxxrxx��C�cxvoc Xx,xxUoxxlsRc�c9cxcx3dxxcaxxaaxXx�ac the basis of computation of the amount claimed. (See #7) 6. The claim is not signed by the claimant or by some person on his behalf. x 7. Other: The claim fails to give a general description of the ink on which you based your amount claimed. VICTOR JJ.i14FSTMAN, County Counsel By: de_jutY Y unt Counsel CERTIFICATE OF SERVICE BY MAIL_ (C.C.P. 5§1012, 1013a, 2015. 5; Evid.C. 55641 , 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 Slates, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true cony of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing it in an envelope (s) addressed as shown above (which is/are place (s) having delivery service by U.S. Ma: l) , which envelope (s) was then seal?d. and postage fully prep.:►id thereon, and thereafter was, on this day deposited in the U.S. Mail "at Martinez/Concord, Contra Ccsta County, California. I certify under penalty of perjury that the foregoing ib true and correct. Dated: April 4, 1986 at Martinez, California. cc: Clerk of the Board of Superviso s (original) Administrator (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. C. §5')10, 910.2 , 910.4 , 910. 8) EXHIBIT C � ke� k4a,44'&k /IVA --------------------- ....... Are; k4A,11. -14-4 OL 50 6!�� tse,00 Ile) 6La ------...... '100y,---- ---------- -------------------- ----------- ----- -- -- - --------- ------------ -------- -- - -E -HI BIT - - - - SUPPLEMENTAL CLAIM AGAINST THE COUNTY OF CONTRA OSTAl tk � CLAIMANTS' NAME: GLORIA ETZLER CLAIMANT' S ADDRESS: c/o LAW OFFICES OF MELVIN M. BELLI 'meq RICHARD E. BROWN, ESQ. 722 Montgomery Street San Francisco, CA 94111 (415) 981-1849 AMOUNT OF CLAIM: $500, 000. 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: RICHARD BROWN, ESQ. LAW OFFICES OF MELVIN M. BELLI 722 Montgomery St . San Francisco, CA 94111 DATE OF INCIDENT: December 23, 1985 LOCATION OF INCIDENT: Sunvally Mall Shopping Center. Concord, CA HOW DID IT OCCUR: The County of Contra Costa negligently approved the planning, design and construction of the Sunvalley Mall Shopping Center in the path of the landing and take-off corridor of nearby Buchanan Field airport, and knew, or should have known, said area would be subject to aircrash accident . A two-engine Beechcraft plane, piloted by James Graham, crashed into the Sunvalley Mall, which was packed with pre-Christmas shoppers . The crash caused flaming aviation fuel and tons of debris to shower over a crowded section of the mall, including claimant, GLORIA ETZLER. DESCRIBE DA4AGE OR INJURY: Claimant suffered injury to her head, neck, back, and both knees, and loss of consortium, loss of wages and earning capacity. In addition, MRS. ETZLER suffers from extreme emotional distress, fright, anxiety, and nightmares . NAME OF PUBLIC EMPLOYEE(S) CAUSING. INJURY OR DAMAGE, IF KNOWN: Unknown at the present time. ITEMIZATION OF DAMAGES: Hospital and medical expenses Unknown at the present time and continuing . Signed by or on behalf of Claimant , RICHARD BROWN, ESQ. Dated: March 22, 1986 EXHIIF-% IT c�lvSUPPLEMENTAL CLAIM AGAINST THE COUNTY OF CONTRA OSTA�/�` � oF°gv CLAIMANTS ' NAME: HARRY M. ETZLER CLAIMANT'S ADDRESS: c/o LAW OFFICES OF MELVIN M. BELLI RICHARD E. BROWN, ESQ. 722 Montgomery Street San Francisco, CA 94111 (415) 981-1849 AMOUNT OF CLAIM: $500, 000 . 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: RICHARD BROWN, ESQ. LAW OFFICES OF MELVIN M. BELLI 722 Montgomery St. San Francisco, CA 94111 DATE OF INCIDENT: December 23 , 1985 LOCATION OF INCIDENT: Sunvally Mall Shopping Center Concord, CA HOW DID IT OCCUR: The County of Contra Costa negligently approved the planning , design and construction of the Sunvalley Mall Shopping Center in the path of the landing and take-off corridor of nearby Buchanan Field airport, and knew, or should have known, said area would be subject to aircrash accident . A two-engine Beechcraft plane, piloted by James Graham, crashed into the Sunvalley Mall, which. was packed with pre-Christmas shoppers . The crash caused flaming aviation fuel and tons of debris to shower over a crowded section of the mall, including claimant, HARRY M. ETZLER. DESCRIBE DAMAGE OR INJURY: Claimant suffered injury to his stomach, head, neck and shoulders, loss of consortium, loss of wages and earning capacity. In addition, MR. ETZLER suffers from extreme emotional distress, fright, anxiety, and nightmares . NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown at the present time. ITEMIZATION OF DAMAGES: Hospital and medical expenses Unknown at the present time and continuing. Y Signed b or on behalf of Claimant �,j_� 9 RICHARD BROWN, ESQ. Dated: March 22 , 1986 The Board of Supervisors ContraPhil astdow 0@6 of Vo Bowd Wo ;ounty Administration (Building rC�Qost'("���/ ��m" xar nezBox 1111 C0j "J dartinez, California 84553 ;pe►own.ut Demo !MC)C ra warL Ind Drtitnct loOMt 1 &t�1/olor.3rd Drttr,ct {ynrq rnyht tkPat.4th Orttnetf� �•�••'�•V i-„D e ► - ;pa Torlouon.•tn Dr,tnd —' �lil j 1 GLORIA ETZLER c/o Law Offices of Melvin M. Belli Richard E. Brown, Esq. 722 Montgomery Street San Francisco, CA 94111 WrICE 4D CIAII+AM Late-V1l;3—V11;3 • as amended) (Government Code Section 911.3) as amended (3-3 The claimtyou presented to the Board of Supervisors of Contra Costa Couanty# California, as governing body of the xx County of Contra Costa and/or District, on J�ulv_2 . 1986 is being returned to you berewith because it was-not present thin 100 days after the event as occurrence as required by law. (See Sections 901 and 911.2 of the Government Code.) Because the claim was root presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay to the Board of Supervisors (in its capacity noted above) for leave to present a late claim. (See Sections 911.4 to 912.2, ixlusive, and Section 946.6 of the Government Code.) Dn3er acme circvtstanoes, leave to present a late claim will be granted. (See Section 911.6 of the Government Code.) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attor. ney, you should do so immediately. Yo w Fium 1N BY mm azw CF 4a BoAm cNLY IIP APYi.Ick=: ( ) Since a portion of your claim is not untimely, we are r6taining a copy of ymr claim for Board action on that portion of y= claim which is not untimely. PMI Batcheknr, Clerk of the Board of Su9mim send,County Admiri*atu Deputy Clerk Dates July 10•, 1986 E X H I '' '' � ..:2:.1'2 :..- i,. ...,i.• _:s.'.. ">� „..:i,.'a:.t, "�',::.. .. _�'/. *'-4s`j'- ....::�,,,. ' ' The Board of Supervisors C0lra oda on ' "°osA° D ;curly Administration Building Costa �372-2371 P.O. Box Ott COL"Y dartinez. California ie 553 V��JJ -em►a Ots. +st prtnct IMc7 C rohd .'fnd ostnct tow i SC--g sr,3rd otttrnct {ywtr W shl jkwl.Nn 0181"01 �. ! ram Tbowum.3"Pstnd . TO: HARPY M. ETZLER C/o Law Offices of Melvin M. Belli Richard E. Brown, Esq. 722 Montgomery Street San Francisco, CA 94111 NMCE 70 CIA 39M Late-YlW—claUm as amended), (Go eament CCde bion 911.3) W The clair0you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa and/or District, on July 2 , 1986 is being returned to you herewith beau—silt was n`ot present w thin 100 days after the event cc occurrence as required by law. (See Sections 901 and 911.2 of the Goverment Code.) Because the claim was rot presented within the time allowed by law, no action vas taken on the Claim. Your only recourse at this time is to apply without delay to the Board of Supervisors (in its capacity noted above) for leave to present a late claim. (See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code.) t0nder some circumstances, leave to present a late claim will be granted. (See Section 911.6 of the Government Cade.) You may seek the advice of an attorney of your choice in connection with this matter. If you desire W consult an attor. ney, you should do so immediately. TO BE PITIED 3W BY TIM C3F.itK Cr mm BC14FD CNLy IP AMjCk=: { ) Bine a portion of your claim is not untimely, we are retaining a copy of your claim for Board action an that portion of your claim which is not untimely, PMI Balrbelor, Clerk of ft Board of Supervisor end County Administratu my: W% ef-l� Deputy Clerk Date: July 10., 1936 SUPPLEMENTAL CLAIM AGAINST THE COUNTY OF CONTRA COSTA CLAIMANTS ' NAME: GLORIA ETZLER CLAIMANT' S ADDRESS: c/o LAW OFFICES OF MELVIN M. BELLI RICHARD E. BROWN, ESQ. 722 Montgomery Street San Francisco, CA 94111 (415) 981-1849 AMOUNT OF CLAIM: $500, 000. 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: RICHARD BROWN, ESQ. LAW OFFICES OF MELVIN M. BELLI 722 Montgomery St . San Francisco, CA 94111 DATE OF INCIDENT: December 23 , 1985 LOCATION OF INCIDENT: Sunvally Mall Shopping Center Concord, CA HOW DID IT OCCUR: The County of Contra Costa negligently approved the planning, design and construction of the Sunvalley Mall Shopping Center in the path of the landing and take-off corridor of nearby Buchanan Field airport, and knew, or should have known, said area would be subject to aircrash accident . A two-engine Beechcraft plane, piloted by James Graham, crashed into the Sunvalley Mall, which was packed with pre-Christmas shoppers . The crash caused flaming aviation fuel and tons of debris to shower over a crowded section of the mall, including claimant, HARRY M. ETZLER. DESCRIBE DAMAGE OR INJURY: Claimant suffered injury to her head, neck, back, and both knees, loss of consortium, loss of wages and earning capacity. In addition, MRS. ETZLER suffers from extreme emotional distress, fright, anxiety, and nightmares . NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown at the present time. ITEMIZATION OF DAMAGES: Hospital and medical expenses Unknown at the present time and continuing. Signed by or on behalf of Claimant RICHARD BROWN, ESQ. Dated: August 1, 1986