HomeMy WebLinkAboutMINUTES - 10281986 - 1.1 (3) AMENDED CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA OCt: . 23y: 1936
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $1,432 . 33 Section 913 and 915.4. Please not all "WARNINGS".
CLAIMANT: State Farm Mutual Automobile
Insurance Company (Insured: Laura Meiser
ATTORNEY: 333 Civic Drive Claim llo.' 05-1269=443).
Pleasant Hill , CA 9.4524 Date received
ADDRESS: BY DELIVERY TO CLERK ON
BY MAIL POSTMARKED: October 16 , 1986
I. FROM: Clerk of the Board of Supervisorhmencled TO: County Counsel
Attached is a copy of the above-noted aim.
6Y:
gQy►11L BATCHELOR, Clerk
DATED: October 17 , 19.86 Oeputy
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
(X) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: �G.Y_�`T/ I BY: (> �'/` -`�j/' t� ���� -e-Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unaimous vote of the Supervisors present
145 AtN&WAW
(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 2 $ 1986 PHIL BATCHELOR, Clerk, By . Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I 'declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez.
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant. addressed to
the claimant as shown above.
NOV 3 ' 1986
Dated: BY: PHIL BATCHELOR by r Deputy Clerk
IJ CC: County Counsel County Administrator
I
INSURANCE
e
State Farm Mutual Automobile Insurance Company
333 Civic Drive
October 16, 1986 "off Taylor Boulevard"
Pleasant Hill,California 94523
FR
ECEI`7ED
Mail: P.O.Box 4011 Concord, Californiaia
94524
Phone: 687-7600
Clerk of the Board of Supervisors Oi,T
of Contra Costa County
651 Pine Street, #106 PAIL BATCHELOR
SUPERVMartinez, Ca. 94553 CLERSDaR
AD CF STACO�SORS
;-nL>T.
By . -
....... Deputy,
Attn: Deputy County Counsel
Our Claim No: 05-1269-443
Our Insured: Laura Meiser
Date of Loss: June 16, 1986
Gentlemen:
I an in receipt of your recent Notice of Insufficiency and/or non-acceptance
of Claim regarding the above. I enclose a copy of your notice for your easy
file location.
Your form indicates the claim was rejected for failure to furnish a stated
amount. Enclosed please find our amended claim form setting forth the
damages we have incurred with regard to our insured vehicle. There still
pends the unknown amount we will be seeking for equitable indemnity with
regard to the two injured claimants in this matter. They are represented
by counsel and I am unable to comment at this time as to an approximation
of their losses.
Thank you for your cooperation.
Very truly yours,
kx_7_�
Mardell Jones
Claim Representative
MJ:bm
Enc.
HOME OFFICE: BLOOMINGTON, ILLINOIS 61710-0001
NOTICE OF INSUFFICIENCY
AND/OR 21,P
NON-ACCEPTANCE OF CLAIM
TO: Laura L. Meiser �.
333 Civic Drive Afi r'
Pleasant Hill CA 94523
Re: Claim of LAURA L. MEISER +
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
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 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 the amount claimed as of the date
of presentation, the estimated amount of any ;prospective
injury, damage, or loss so far as known, or the basis of
computation of the amount claimed.
6.' The claim is not. signed by the claimant or by some person
on' his behalf.
7 . Other:
VICTOR J. 14ESTMd1N, County Counsel—
.
By
Deputy C46nty 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 copy of this Notice of Insufficiency and/or Non-Acceptance of
Claim by placing it in an envelope (s) addressed as shown above (which
is/are place (s) having delivery service by U. S. !,lai.1) , which envelope (s)
was then sealed and postage fully prepaid thereon, and thereafter was,
on this day depo8ited in the U.S. Mail at Martinez/Concord , Contra
Costa County, California.
I certify under penalty of perjury that the foregoing is true and
correct.
Dated: 9PptPmhPr 26 1986 at Martinez , California.
cc : Clerk of the Board of Supervisors�(original)
Administrator
(NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. C. 95910 , 910 . 2 , 910 . 4 , 910 . 8)
•
`t�IM TO: " SOAxu ur aurtxv�eutca yr .a;viva-�e►.a.
Instructions to Clair,,tC1erk01the00&rd
-r-Rrraf�+F4- 6i P�i �S�y:I�in 6
' Mtt1naz„ I1f0m1a945"
A. Claims ielating to causes -of action for death ar 2or_1n ury:*o
person or to personal property for Vrowingrcropsmnust�be Vresented`
_. 7
-mot later -than-.*he a0Dth.day-iafter+theiuccrual�if�he4ause'�f " r :: ..:..
Faction. . Claims -relating-oto Aany .vthermause qpf iactionieaust
presented rot later ::than gene �►ear,aafteritheAaccrual def.he�oause - *,
- of_-action. :_ 6ec.3911.2, �Govt. oae);ty -
� ti
B.
- ..Claims must=be-'-.filed Awith the iClerk sof f#he hoard f uperv3sors
.:,tet .its -office -in Room'306 , 3County a►dministrationSuilding MSSlpine
-Street, 'Martinez, 1�Californin X190553.
C. if claim -is against a district voverned4by:#he-hoard .�iof 49upervieors.
rather than the County, the -name -.,of-�the-,Zistricts;hould -6e_�-filied_:In.`
D. If the claim is against more than one public vntity, �=eparate ::claims
must be -filed ,against each public ventity.
E. Fraud. See penalty for fraudulent claims, -�enal `Code '-Sec:=°72:setvend
oT this form.
RE: Claim by )Reserved for Clerk's filing stamps
T.sanrA T. MPiaer (Bv:Mardell Jones
State Farm Ins. Co. ) )
Against the COUNTY OF CONTRA COSTA)
or DISTRICT)
(Fill in name )
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ to be determined
and in support of this claim represents as follows:
--------------------------- ------------------------=----------
l, hfien did the damage or injury occur? (Give exact date and riinly
6-16-86 1815 hours
—— ——— T——— —--————--—--T——............
--- --�-----—------�—�� ��—
�. h'�iere did tfie damage or injury occur? (Include city and countyS
Intersection of Alhambra Valley Road and Releiz Valley Road
—T-----------.------...----T— ...---------- T--- — --T --..�--�..—�—��—
3. How did the damage or injury occur? (GiveuISetails, .use extra
sheets if required)
Bushes on northeast corner of intersection blocked view of drivers.
a . i+That particular act or omiss�on on the part a� county ar .�i6tr�ct
officers , servants or employees caused the 'injury or damage?
Allowing bushes to remain in hazardous location endangering traffic.
(over)
5,;. What arethe �f ccounty jor Zistrict o '.cess, •servants or*
• . -•-:employees esus_ ��;�the�amage..+br-injury?
/A
: " iFiat damage i u= a-3. 'OUVEN m�tesuItea3--.j61ve 7uYi-eztent- 7
�iDf.�dnjrdes�r�flamages laimea:,#►ttach two +estimatesor..nuto
" .,FWnrias o*ersaaINA ox"Pertylualcnova +at-this line.
Atien_3e$t ,3___ g .pur iii id'a►eh3U _: Plus unknown`amount :to other`.°participant
MM--- �� w
7,r ,Flaw�aaasesemounttcaedilnbove�eomputedz _ Include fhe xestamated
unounte�Fnny,�rorpect3veiLnuxl',apraclamage.)
.i �.
?See above -(estimate oP 616-.--us attached)
----------------- --------------------------------------------------------
8, •: `Names and ,addresses .of a.•itnesses,=doctors and hospitals.
;Laura 'Meiser Wichael Jones -William Tatum
"315:Eagle Best Drive -=3049 Vildvood.give A2 -ViviaA .Drive
Martinez, Ca. :0553 :concord, .Ca. .9 +518 Pleasant Lill, Ca. - 0523.
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Pends =(amount pends with regard to participants to loss -they're represented by counsel)
(Following represents damages to our policyholder vehicle)
7-15-86 vehicle damage $1,332.33 (less F
##kk
delucti*b#le 1
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf. "
yyn�, State Farm Ins. C
Name and Address of Attorney (by Mardell Jones)
-'
Claimant' s ignature
333 Civic Drive
Address
Pleasant Hill, Ca. 9 +523
Telephone No. Telephone No. •.680-413k (M. Jones)
Claim #05-1269- 3 9-15-
fRtRRRRRR***R**tRtRRRRt!#****#RtR*R#kR**kkktk#k#kk#*t#RkR*Rtkk#t**R*#*R*#k
NOTICE
section 72 of,:the .PenalXode ,provides: ;-., ..•
"Every personi,ho, with intent -xo •defraud, presents for .allowance -or
for :payment to iany Mate -board ar -officer, *-or to any county, town. Wity
district, ward or village -board.jor :zfficer. authorized .to allow or pay .
`the =some if genuine, `4any -false or -fraudulent claim, -bill, account, voucher,
..4Dr writing. Is :guilty �f-a felony."
. f
i
1
. I
i�
Xe� '
1
STATE FARM INSURANCE tfl2' _ SQ
•• FILE ROPY ` c
NORTHERN CALIFORNIA OFFICE
- }, COPY ?IOTNEGOTIA6LE •` +,� , � ti� s
°•` •. ROHNERT PARK,-CALIFORNIA
CLAIM NO, OS 3p6e_Ll.g „�,o ', 6ph `$3DSH �. �oA�F J{ilr iS19 ,_ t
-
PAY THE 1!=Lune&;AU%* $OQY t ED "�QQt Ot �Il4ara M6aisMIF `
ORDERR d�
701 Escobar St.
a ,
Martinet. : 794553
_@
OHE 8U6DRgD 'iRiIRTY-Ti10 .DOLLARS AID 331100 - �• - -DoLLARs 1.332.33
COVERAGE r' IN PAYMENT OF 1055 WHICH OCCURRED/BOUT -
.._ (DATE of AYznC 16 :1V $6 NAME OF David lQeiser
_ .�. INSURED
` MAWN ON COMPANY MARKED - '
•00 1 =1.332.33 .. STATE FARM MUTUAL AUTO INS.CO.. .•CIAIM
STATE FARM FIRE AND CASUALTY CO. REPRESENTATIVE
STATE FARM GENERAL INS.CO. STATE ID CODE
—C UNIT
STATE FARM COUNTY MUTUAL
c_ ZQ3
�.
. .INS.CO.C4 TEXAS
APPROVED BY
V,_
V
STATE FARM INSURANCE COMPANIES (160)G5631e.5 Printed in U.S.A.Rev.2184
. ) REPAIR ESTIMATE
CLAIM NO<�a^
DATE OF INSPECTION 8 ESTIMATE WHERE INSPECTED
ICEN
INSURED NUMBE // (/ (/
ADDRESS TEL.NO.
MAKE EAR SERIES BODY STYLE VIN
MILEAG DATE MANUFACTURED
REFIN- PAI NT
REPAIR RE DESCRIPTION PARTS LABOR SHING MATERIALS
PLACE ® LIST HRS. .HRS. 8 NET ITEMS
/ Ow $
2 !z ./z'
5
6 C, rlSv71
y. a
8
10
12
.13
14
15
16 .
TOTAL
/J S LABOR HRS.
CLAIM NO.S� /
REF.HRSc�o.
TOTAL / /-ham' co
[/
I AUTHORIZE �� //�T�/V( fl �� LABOR H I' / HR.
TO REPAIR VEHICLE ACCORDING TO REPAIR COST AS ITEMIZED. ALS AGREE PARTS _j
TO SHOW THIS APPRAISAL TO REPAIRER BEFORE REPAIRS ARE STARTED. ® LIST G �'C7=SS� % DISC. =-i7_2
INSURED'S �.S� SALES TAX$
SIGNATURE DATE 6 D -
PAINT,MATERIALS,8 NET ITEMS
WE ACCEPT REPAIR COSTS AS ITEMIZED. TOTAL REPAIR CO33
REPAIRER'S
SIGNATURE DATE LESS
BETTERMENT $
THE REPAIRS HAVEEN COMPLETED. I AUTHORIZE THE COMPANY TO MAKE
- PRIOR DAMAGE $
PAYMENT OF$ TO THIS REPAIR SHOP ON MY BEHALF.INSURED'S `�Yi� •✓V
. .. DEDUCTIBLE
SIGNATURE DATE '
TOTAL DEDUCTI7�4424'fAY�STATE FARM CLAIM C //P COMPANY TO
REPRESENTATIVE -
REPAIR SHOP: RETURN THIS ORI INAL F A CLAIM _ OWNER TO PViev_
SERVICE OFFICE AT
NOTICE — REPAIRS TO THIS VEHICLE MAY
REQUIRE SPECIFIC WELDING EQUIPMENT AS
SEE REVERSE FOR STATE FARM'S AUTO DAMAGE CLAIM POLICY RECOMMENDED BY THE MANUFACTURER.
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 28 , 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: Unspecified Section 913 and 915.4. Please not all "WARNIN&Ilty CGUf1:;CI
CLAIMANT: LAURA L. HEISER claim #05-1269-443 State Farm Ins .
SC�.� �• �g86
Mardell Jones
ATTORNEY: `=Irtinez, CA 9,15`5'
Date received
ADDRESS: 333 Civic Drive BY DELIVERY TO CLERK ON September 15 , 1986 hand del
Pleasant Hill, CA 94523
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, ppHH Bg
DATED: September 19, 1986 BYIL DepuLyLOR, Clerk
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
(�) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: �. 0�5, �/ �6 BY: ��put�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.
Dated:
OCT 2 81986 • � Deputy Clerk
PHIL BATCHELOR, Clerk, By Q
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: NOV 3 1986 �
BY: PHIL BATCHELOR by � , /yV eputy Clerk
CC: County Counsel County Administrator
BOARD OF SUPERVISORS OF CONTRA CC* rWapplicationto:
Instructions to ClaimantC•'erk of the Board
&4r1 R , e J,/,./ pyo 6
Martinez,California 94553
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911. 2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez , California 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
of this form.
RE: Claim by )Reserved for Clerk' g/_ amps
T.Aurn T._ MPl ffPr (Bv:Mardell Jones
State Farm Ins. Co. ) , ERECEIVED
Against the COUNTY OF CONTRA COSTA)or DISTRICT) MILFi in name ) Po..... Opp�n,ty
The undersigned claimant hereby makes claim against t e County o Contra
Costa or the above-named District in the sum of $ to be determined
and in support of this claim represents as follows:
--------------------------- -------------------------------------- ---
1. When did the damage or Injury occur? (Give exact date and hour]
0
6-16-86 1815 hours
�. W�iere �i� tie damage or injury occur? (Include city and county)
Intersection of Alhambra Valley Road and Releiz Valley Road
37-AN-Ka-is;
q-------�•------------------- -----------
sheets
------------T---- - T- -----------3. How did the damage or injury occur? (Give full details, use extra
sheets if required)
Bushes on northeast corner of intersection blocked view of drivers.
4. What particular act or omission on the part of county or district
officers , servants or employees caused the injury or damage?
Allowing bushes to remain in hazardous location endangering traffic.
(over)
5. Whatare the names of county or district officers, servants or'
employees causing the damage or injury?
N/A
6. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
Injuries to person and damage to property unknown at thistime. .
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
See above
-------------
6. Names and addresses of witnesses, doctors and hospitals.
Laura Meiser Michael Jones William Tatum
515 Eagle Nest Drive 3049 Wildwood Drive 42 Vivian Drive
Martinez, Ca. 94553 Concord, Ca. 94518 Pleasant Hill, Ca. 94523
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Pends
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf. "
y� tState arm Ins. Co.
Name and Address of Attorney (by(by Mardell Jones)
Claimant' s Signature
333 Civic Drive
Address
Pleasant Hill, Ca. 94523
Telephone No. Telephone No. 680-4134 (M. Jones)
Claim #05-1269-443 9-15-86
tt:*t tt tt tr tr tt tr tt tt+r tr tt tt tt*tr*tt tt to tt tt tt**tr tt tt tt tt tt tt tt*tt tt tt tt tt tt tr tt tt tr tt tr tt tr tt*to tt tt tr tt tt tt tt tt tt tt**tt tt tr tt tt tr
NOTICE
Section 72 of the .Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer, °or to any county, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. "
CLAIM /leo
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 28., 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: $125, 000 . 00 Section 913 and 915.4. Please not all "WAR GS".
Uounty Counsel
CLAIMANT: GLENN POULSEN
c/o Roderick D. Jones , Esq. SEP 3.0 1986
ATTORNEY: Archer, McComas & Lageson Martine?, C,,,A
1299 Newell Hill Place Date received
ADDRESS: Suite 300 BY DELIVERY TO CLERK ON September 25 , 1986
Walnut Creek, CA 94596
BY MAIL POSTMARKED: September 24, 1986
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. ppH
DATED: September 26 , 1986 BAIL BATCHELOR, Clerk
L. Hall---
11.
all_II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
(x) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. 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� / ��� BY: [G loll-1 1� 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
(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 2 8 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. 01
NOV 3 1986
Dated: BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
RECEIVED
SEPQ15�19�6
��tPAR
T HEP {2 ERSBY .. . . �Y
Claim of
GLENN POULSEN,
Claimant, CLAIM PURSUANT TO GOVERNMENT
CODE SECTIONS 901 AND 910
V.
COUNTY OF CONTRA COSTA,
Respondent.
/
Pursuant to Government Code Sections 901 and 910 , a claim
is hereby presented for implied indemnity and/or partial
equitable or comparative indemnity, inverse condemnation,
nuisance, negligence, and trespass to real property as follows :
TO: COUNTY OF CONTRA COSTA
Clerk of the Board of Supervisors
651 Pine Street
Martinez, CA 94553
(a) Claimant' s name and address is as follows:
GLENN POULSEN
236 E1 Toyonal Road
Orinda , CA 94520
(b) Claimant desires notices to be sent to:
ARCHER, McCOMAS S LAGESON
1299 Newell Hill Place, Suite 300
Walnut Creek, CA 94596
Attention: Roderick D. Jones, Esq.
(c) The dates , place and other circumstances which give
rise to this claim are as follows:
Claimant, GLENN POULSEN, owns that certain piece of
real property with improvements thereon, commonly known as 236 E1
Toyonal Road, Orinda, CA. At or around 10 : 00 p.m. , on February
17 , 1986 , the public roadway, E1 Toyonal Road , running
immediately in front of Mr. Poulsen' s property, incurred a
collapse, which resulted in portions of said roadway sliding onto
Mr. Poulsen' s property and that of his adjacent neighbor, Dr.
Samuel Benson. Material from the roadbed was in part deposited
upon Mr. Poulsen' s property. Additionally, said material carried
across Mr. Poulsen' s property down a natural draw, and carried
with it some of the trees on Mr. Poulsen' s property and a mix of
this material ended up on the property of Robert Spohr and Wendy
Wood, as well as the property of Bertha Thomas, who are property
owners below Mr. Poulsen on the street known as La Encinal. Some
of this slide material remains presently on Mr. Poulsen' s
property as well as the properties of Bertha Thomas and the
Spohr/Wood property. The roadway known as E1 Toyonal Road has
been reduced to a single lane and either the County of Contra
Costa or the City of Orinda have closed that roadway to all
traffic except local residents. Either the County of Contra
Costa or the City of Orinda have placed sandbags and large black
plastic sheeting at the former roadway site carrying down the
hillside for many feet.
The City of Orinda has indicated to Mr. Poulsen that they
intend to repair the roadway by building a retaining wall on his
property! However, this appears to be contingent upon the City
of Orinda receiving federal funds. Based upon this writer' s past
experience with that type of funding, Mr. Poulsen and his counsel
are not optimistic that this repair will come to pass in time to
be completed before the ensuing winter.
Said collapse of the roadway and ensuing slide is as a
result of, amongst other things, the failure of the County of
Contra Costa to properly design, engineer , maintain, develop,
approve, certify, assess, and otherwise deal with public
property. The resulting collapse and slide constitutes a
dangerous condition of public property and constitutes a nuisance
which is both continuing and permanent in nature.
(d) A general description of the damages and loss
incurred so far as is known is as follows:
Partial destruction of claimant' s real property by
deposit of roadway and other slide debris with the potential for
further slide activity; the loss of several valuable old oak
trees; the diminution in fair market value of claimant ' s real
property, even if repairs are made to remove the slide debris and
the roadway repaired; inverse condemnation of claimant' s property
resulting in a total taking thereof by a public entity.
(e) Names of the public employees causing the injuries,
damages or losses are unknown at this time.
(f) The amount claimed as of the date of presentation
of this claim and the estimated amount of any prospective injury,
damage or loss are unknown at this time. However, the amount
claimed as of the date of this claim is estimated to be
approximately $125, 000.
(g) A complaint for nuisance and abatement, dangerous
condition of public property, negligence and inverse condemnation
has been filed and served by Robert G. Spohr, Wendy Wood, Bertha
Thomas, and La Encinal Homeowner ' s Association against the County
of Contra Costa, the City of Orinda, Dr. Samuel Benson, and Glenn
Poulsen.
(h) This claim is presented by the Law Offices of
ARCHER, McCOMAS & LAGESON on behalf of the above-named claimant.
Dated: September 22, 1986 ARCHER, McCOMAS & LAGESON
�. 1J
RODER CR D. JONES
Attorneys for GLENN POU N
1 PROOF OF SERVICE
2 I am a citizen of the United States and employed in
3 Contra Costa County , California ; I am over the age of eighteen
(18) years and not a party to the within action ; my business
4 address is 1299 Newell Hill Place , Suite 300 , Walnut Creek ,
California 94596 ; on this date I served
5
CLAIM PURSUANT TO GOVT. CODE SECTION 901 and 910
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7 x by placing a true copy thereof enclosed in a sealed
8 envelope , with postage thereon fully prepaid , in the
United States Post Office mail box at Walnut Creek ,
9 California, addressed as set forth below.
10 by personally delivering a true copy thereof to the
person and at the address set forth below.
11 County of Contra Costa
Clerk of the Board of Supervisors
12 651 Pine Street
Martinez, CA 94553
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24 I declare underenalt
p y of perjury that the foregoing
25 is true and correct .
26 Executed on 9/24/86 at Walnut Creek ,
California .
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28 Brenda D'Andre