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MINUTES - 11041986 - 1.12
.._..< -. �.. .:...............•._wear. .: ...,. ...e AMENDED CLAIM w BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Nov. 4, 1986 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: $750, 000 Section 913 and 915.4. Please not all "WARNINGS". CLAIMANT: ARNOLD AND MAXINE ERICKSON c/o Michael D. Blevins , Esq. ATTORNEY: Law Offices of Grant & Sternberg 3478 Buskirk, Suite 220 Date received October 15 , 1986 ADDRESS: Pleasant Hill , CA 94523 BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors ameilde d0. County Counsel Attached is a copy of the above-noted/claim. October 17 , 1986 PpHHIL BAATCHELOR, Clerk DATED: BY: D putt' 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (� This claim complies substantially with Sections 910 and 910.2 /,/yz &zz ( ) This claim FAILS to comply substantially with Sections 910 and(9910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). h ,d/l �'4 L'CCLGQ L� �.2 GSR E C— (X) C1aimJ_s not timely filed/1 T4 Clerk shou d return claim on ground that it was Viled late and ser. 4 �� warning of claimant's right to apply for leave to present a late claim (Section 911.3)./ z,� 2i_X ez2 U_ (� ( U Other: l!-C�'Z u/ Dated: (/^ ..�c'� i`' G; BYis��� c \ -1�.�/_ C.ca. c Deputy C y Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) (X) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unaimous vote of the Supervisors present ( J This Claim is rejected in full. (X ) Other: Portion of original claim as amended not Previously returned as untimely is rejected in full. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. NOV 4 1986 Dated: PHIL BATCHELOR, Clerk, By C 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 Govermnent '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 5 1986 Dated; BY: PHIL BATCHELOR by ' puty Clerk CC: County Counsel County Administrator 1 JD22. 32 MICHAEL D. BLEVINS , ESQ. 2 ROBERT L. GRANT, ESQ. LAW OFFICES OF GRANT & STERNBERG T 3 3478 Buskirk Avenue, Suite 220 1 Pleasant Hill , CA 94523 4 Telephone: (415) 946-1400 Attorneys for Claimaints LOR 5 Y PHIL BATCHELOR RO OF P RVISORS 6 ey0"C'O'NrVCOST ,N., . mcub 7 8 9 10 11 rIn the Matter of the Claim of AMENDED CLAIM AGAINST THE COUNTY OF CONTRA COSTA 12 ARNOLD and MAXINE ERICKSON, [Government Code §910. 6, 910, et seq. ] 1.3 Against 14 The COUNTY OF CONTRA COSTA, a political subdivision of 15 the State of California. 16 The undersigned, a person acting on behalf of ARNOLD and 17 MAXINE ERICKSON, Claimants herein, hereby makes claim against the 18 COUNTY OF CONTRA COSTA, located in the State of California, in 19 the sum of $750,000 and in support of said claim represents as 20 follows: 21 A. The name and post office address of the Claimants: 22 213 Oak Knoll Loop 23 Walnut Creek, CA 9496 24 B. The post office address to which the persons presenting 25 the claim desire notices to be sent: 26 c/o Michael D. Blevins, Esq. Law Offices of Grant & Sternberg 27 3478 Buskirk Avenue , Suite 220 Pleasant Hill, CA 94523 28 -1- 1 C. The date, place, 'and other circumstances of the 2 occurrence or transaction which give rise to the claim asserted: 3 On or about September 9 , 1986 , Claimants were informed 4 by the insurance adjuster to their upslope neighbors, the Wongs 5 (against which neighbors Claimants had lodged a claim for 6 water-related property damages) , that the significant quantities 7 of water being deposited onto Claimants ' land was being carried 8 and accumulated in ditches and storm drains required and/or 9 controlled by the COUNTY OF CONTRA COSTA; before Claimants had 10 received copies of the property maps depicting the 11 • COUNTY-required drainage easements from said adjuster, Claimants 12 were unaware of the responsibility of the COUNTY OF CONTRA COSTA 13 for their injuries. 14 For a continuous period beginning on or after November 15 1, 1981 significant quantities of water from properties upslope 16 of Claimants ' property has moved onto Claimants' property, 17 causing damage. The COUNTY OF CONTRA COSTA is responsible for 18 the damages described herein, among other reasons , due to its 19 neglect in allowing the development of the upslope property and 20 the subdivision in which Claimants' property is located, without 21 adequate provision for grading, drainage, and foundations; and, 22 particular , for requiring drainage across the properties of 23 Claimants ' upslope neighbors through COUNTY-required easements, 24 which drains greatly increase the volume and force of water 25 flowing onto Claimants' property. Additionally, the COUNTY has 26 caused to be constructed storm drains on Oak Knoll Loop and E1 27 Camino Corto, upslope of Claimants ' property , which collect 28 waters and then dump same onto undeveloped property contiguous to -2- I that of Claimant, which waters move downslope and onto Claimants' 2 property. Other bases for the COUNTY OF CONTRA COSTA's liability 3 are not present known, and Claimants reserve the right to amend 4 this Claim to state the same when known. 5 D. A general description of the indebtedness, obligation, 6 injury, damage, or loss incurred so far as it may be known at the 7 time of presentation of the Claim: 8 Significant quantities of rain water, irrigation water, 9 and swimming pool overflow travelling over the upslope neighbors ' 10 property and, in particular, carried through the County-required 11 drainage easement and storm drains, are deposited onto Claimants' 12 property , causing ponding in front of Claimants ' house and 13 infiltration of those waters into the sub-soil, all of which, in 14 turn, has caused subsidence of the house. The circumstances have 15 produced loss of use of possession and enjoyment of the 16 Claimants' property, diminution of its value, including stigma 17 damage, as well as severe emotional distress, disruption of the 18 domestic tranquility of the household, expenditure for attorney's 19 fees , and concern over being sued by downslope neighbors, whose 20 ,; property, has likewise, been damaged. Claimants do not know the 21 true nature, extent, and amount of damage, and reserve the right 22 " to amend this claim when the same shall become known. 23 E. The name or names .of the public employee or employees 24 causing the injury, damage, or loss, if known: 25 The building inspector and grading inspector of the 26 COUNTY OF CONTRA COSTA, the county engineer of the COUNTY OF 271 CONTRA COSTA, the public works department of the COUNTY OF CONTRA 28 COSTA, and the planning department or community development of -3- 1 jthe COUNTY OF CONTRA COSTA. Claimants reserve the right to amend 2 I, this Claim when the particular names of the employees and the 3 Ilcorrect names of these or other departments responsible for 4 ; Claimants ' injuries and damages are known. 5 li F. The amount claimed as of the date of presentation of 6 !: the Claim, including the estimated amount of any prospective 7 I� injury, damage, or loss , insofar as it may be known at the time 8 'Ijof the presentation of the Claim, together with basis of 9 ', computation of the amount claimed: I 10 '' $150, 000 : Estimate for repair to Claimants' property $100, 000: Estimate for loss of use and possession of 11 said property $500,000 : Estimate for emotional distress , damages, 12 !' attorney's fees, other incidental costs, and general damages 13 Potential liability in the cost of defense for claims 14 made by neighbors against Claimants may cause these estimates to 15 be increased. In any event, the above estimates are estimates 16 Ii only and Claimants reserve the right to amend this Claim to state 17 the true sum, extent, and nature of Claimants' injury, damage, 18 and loss when the same shall become fully known. 19 20 I�j Dated: October 14, 1986 �t�" � 21 MICHAEL D. BLEVI S Attorney for Claimants 22 23 24 25 26 27 28 -4- 1 1 JD22. 32 •MICHAEL D. BLEVINS, ESQ. 2 ' ROBERT L. GRANT, ESQ. LAW OFFICES OF GRANT & STERNBERG 3 3478 Buskirk Avenue, Suite 220 Pleasant Hill, CA 94523 4 Telephone: (415) 946-1400 5 Attorneys for Claimaints MED 6 /�cUT $ 19?6 7 Cl AT LOA D RS 8 h ... r u 9 10 11 In the Matter of the Claim of CLAIM AGAINST THE COUNTY OF CONTRA COSTA [Government 12 ` ARNOLD and MAXINE ERICKSON, Code §910, et seq. ] 13 Against 14 The COUNTY OF CONTRA COSTA, a political subdivision of 15 the State of California. 16 The undersigned, a person acting on behalf of ARNOLD and 17 MAXINE ERICKSON, Claimants herein, hereby makes claim against the 18 COUNTY OF CONTRA COSTA, located in the State of California, in 19 the sum of $750,000 and in support of said claim represents as 20 follows: 21 A. The name and post office address of the Claimants: 22 213 Oak Knoll Loop 23 Walnut Creek, CA 9496 24 B. The post office address to which the persons presenting 25 the claim desire notices to be sent: . 26 c/o Michael D. Blevins, Esq. Law Offices of Grant & Sternberg 27 3478 Buskirk Avenue, Suite 220 Pleasant Hill, CA 94523 28 -1- I C. The date, place, and other circumstances of the 2 occurrence or transaction which give rise to the claim asserted: 3 For a continuous period beginning on or after November 4 1, 1981 significant quantities of water from properties upslope 5 of Claimants' property has moved onto Claimants' property, 6 causing damage. The COUNTY OF CONTRA COSTA is responsible for 7 the damages described herein, among other reasons, due to its 8 neglect in allowing the development of the upslope property and 9 the subdivision in which Claimants ' property is located, without 10 ' adequate provision for grading, drainage, and foundations; and, 11 in particular, for requiring drainage across the properties of 12 Claimants ' upslope neighbors through County-required easements, 13 which drains greatly increase the volume and force of water 14 ' flowing onto Claimants ' property. Additionally, the COUNTY has 15 caused to be constructed storm drains on Oak Knoll Loop and E1 16 Camino Corto, upslope of Claimants ' property, which collect 17 waters and then dump same onto undeveloped property contiguous to 18 that of Claimant, which waters move downslope and onto Claimants' 19 property. Other bases for the COUNTY OF CONTRA COSTA's liability 20 are not present known,,, and Claimants reserve the right to amend 21 this Claim to state the same when known. 22 D. A general description of the indebtedness, obligation, 23 injury, damage, or loss incurred so far as it may be known at the 24 time of presentation of the Claim: 25 Significant quantities of -rain water, irrigation water, 26 and swimming pool overflow travelling over the upslope neighbors' 27 property and, in particular, carried through the County-required 28 drainage easement and storm drains, are deposited onto Claimants' property , causing ponding in front of Claimants ' house and -2- 1 infiltration of those waters into the sub-soil, all of which, in 2 turn, has caused subsidence of the house. The circumstances have 3 produced loss of use of possession and enjoyment of the 4 Claimants' property, diminution of its value, including stigma 5 damage, as well as severe emotional distress, disruption of the 6 domestic tranquility of the household, expenditure for attorney's 7 " fees, and concern over being sued by downslope neighbors, whose 8 property, has likewise, been damaged. Claimants do not know the 9 true nature, extent, and amount of damage, and reserve the right 10 to amend this claim when the same shall become known. 11 E. The name or names of the public employee or employees 12 causing the injury, damage, or loss, if known: 13 The building inspector and grading inspector of the 14 COUNTY OF CONTRA COSTA, the county engineer of the COUNTY OF 15 CONTRA COSTA, the public works department of the COUNTY OF CONTRA 16 COSTA, and the planning department or community development of 17 the COUNTY OF CONTRA COSTA. Claimants reserve the right to amend 18 this Claim when the particular names of the employees and the 19 , correct names of these or other departments responsible for 20 Claimants ' injuries and damages are known. 21 F. The amount claimed as of the date of presentation of 22 the Claim, including the estimated amount of any prospective 23 injury, damage, or loss, insofar as it may be known at the time 24 of the presentation of the . Claim, together with basis of 25 computation of the amount claimed: 26 $150,000: Estimate for repair to Claimants' property $100,000: Estimate for loss of use and possession of 27said property $500,000: Estimate for emotional distress, damages , 28 attorney's fees, other incidental costs, and general damages -3- I Potential liability in the cost of defense for claims 2 made by neighbors against Claimants may cause these estimates to 3 be increased. In any event, the above estimates are estimates 4 only and Claimants reserve the right to amend this Claim to state 5 the true sum, extent, and nature of Claimants' injury, damage, 6 and loss when the same shall become fully known. 7 , A /a•�.-�.�� 8 Dated: October 2, 1986 a Q M HAEL D. EVINS 9 A torney for Claimants 10 11 12 13 14 15 16 17 18 19 20 21 22 I 23 24 25 26 27 28 -4- .-� i _ .. ..... ... . a._..+. . ...� v ...u.. .a•Kw...r'w...rma.i: L:. ..»i...u.........-Vl1rZFyu- APPLICATION TD FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT November 4, 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: MERLE WISNER ET AL County Counsel c/o Terry D. Buller OCT 11. 1986 Attorney: Strom, Buller & Livingston One Kaiser Plaza, Suite 1785 Martinez, CA n4553 Address: Oakland, CA 94612 Amount: Unspecified By delivery to Clerk on October 6 , 1986 Date Received: October 6, 1986 By mail, postmarked on October 3 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED:October 13 , 1986PHIL BATCHELOR, Clerk, By Deputy 11 L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (X) The Board should deny this Application to File Late Claim (Section 911.6). DATED:. , / VICTOR WESTMAN, County Counsel, By_:!L) 4 -�{ III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. l/ DATE: N O V 4 1986 PHIL BATCHELOR, Clerk, By r Deputy WARNING (Gov. Code 3911.8) If" you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your applioation for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County A nis ra or Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof. has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• DATED: _NOV 5 1986 PHIL BATCHELOR, Clerk, ByZZ&ZZ.-_____.Peputy V. FROM; 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM ♦ . 11 7' LAW OFFICES STROM, BULLER & LIVINGSTON PROFESSIONAL CORPORATION TERRY D. BULLER SUITE 1785 ORDWAY BUILDING CLARENCE LIVINGSTON,JR. ONE KAISER PLAZA HAROLD L.STROM NEIL A.COOK OF COUNSEL OAKLAND, CALIFORNIA 94612 (415) 832-4295 October 3, 1986 Clerk, Board of Supervisors County of Contra Costa County Administration Building 651 Pine Street, Room 106 Martinez , CA 94553 Re: Wisner vs. County of Contra Costa Dear Clerk: An Application for Leave to Present a Late Claim, a Claim and a supporting declaration were forwarded to your office on October 2 , 1986 in the above matter. Enclosed are the Exhibits "A to E" which were inadvertently not included with the original documents. Please attach these exhibits to the declaration of Terry D. Buller. If there are any questions , please call. Thank you. Sincerely, Terry D. Buller Attorneys for Petitioners , Wisner TDB/mw Enclosures RECEIVED OCT 19EC CL R l BAT ERVLj D . .. By .. ... .... ... California Fish and Game kegion 1701 Nimbus Rd . ancho Cordova Colif , 95670 r�ir . Paul Jensen : This is a complaint against Officer 'Jong , Calif Fish and Garde . He works the Dcthel is land area . On November 16 , 1965 , my husuand i4erle Wisner was feeding the ducks , on our dock , on Sand Miound Slough , near Uethel Island . Gfficer Wong drove down the levee . (ldc: don ' t drive on tiie leve^ i.t s private property , and used for emergency. vehicles only ) . tie watched Marle feed the ducks , then told Mierle , move the picnic table off of the levee , he said" it is obstructing the levee . " He admitted he was, not on an emergency . ( The picnic table has been on the levee for the past 16 years , it has never stopped emergency t2af,'ic in the past . ..Then Merle refused to move the picnic table , and told Officer Wong to get off of his property . Officer l•Jong called the Sheriff . Contra Costa County Sheriff ' s Dept answered the call . Mierle was arrested ! The charge INTERFE"ENCE WITH DUTY OF PEACE OFFICER . ConsGuently vie had to hire attorney, pay him $500 retainer fee , for a case that I feel was unjustified . Approximately 2 months prior to this incident . lir . bJong drove in our driveway , instead of backing out , he made a circle on the front lawn . I hollered at him , lie said "he was checking things out" . He wanted to know , that if he , was ever in hot persuate of someone , would they be able to come down our road and get away from hin. ( The road deadends at our property ) I think he was mad because I hollered at him, this is his way of getting back . He also accused merle of fishing with a license , and shoot- ing' dogs . Nothing could be further from the truth , we own 2 dogs 1 horse , goat and a bird. tiE DON ' T FISH . Plerle is a truckdriver , who works long h_a:`c: hours . Has it ,oaten to the point , ' hat a man can ' t sit on his dock , on his property , on his day off and feed the ducks uithout getting arrested?? Lois Misner P . O. Dox 533 uethel Island Calif , 94511 (415 ) 6G4-2292 E1)X. 1 ][T A V STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF FISH AND GAME 'r:•:, REGION 2 1701 NIMBUS ROAD, SUITE A '�,� . RANCHO CORDOVA, CALIFORNIA 95670 (916) 355-7020 March 26, 1986 Mrs. Lois Wisner P.O. Box 638 Bethel Island, CA 94511 Dear Mrs. Wisner: This letter is a follow-up to the note I sent you on January 17, 1986. We have investigated your complaint against Warden Wong (you and your husband were ,contacted by Capt. Zobel on February 5, 1986) , and find no evidence of misconduct by the Department's officer. The matter is now in the hands of the Contra Costa County District Attorney's Office, and disposition will be reached through the judicial process. I anticipate no further action by the Department. Perhaps, after the court action is concluded, you might wish to discuss the issue further. I would welcome the chance to try to convince you that the Department wants to be your friend and neighbor, not your adversary. Sincerely, - r l Paul T. Jensen Regional Manager Ld�a bt� �d� . 11� /i� . 7 � Cl•,.j fiJJ,�,..,r�.t..•..._ / /, Jai �..— U L;.!r orij for Orl t:':ri(ih t(:� k Cion you are a busy man , but we would aplie rica to it if you would Lake a n!inute and read this letter . it is very inlpurtant to us . Wehave liv-'d in Calif since 1956 , Ovillod hollies in the bay U:'Ua . "'roved' to Contra Costa County in 1969 . 114e bought a, honie on Sand btound Blvd , near Bethel Island . k'e have been. niorried 33 years , we raised 2 sons and 2 daughteru , the youngest io otill living at home , she is a soahmore at Liberty Union High in isrL� i twood. We are average American family , we Nay our taxes , go to church , and Have never been in trouble . Up until now . On (November 16 1985 my husband Merle Wisner was on our dock , on Sand Pound ':lough . Feeding the ducks , when a Calif Fish and Game Officer . (ISr . 'l'ong ) drove dean the levee , sat ill his truck and watched hicrle feed the ducks . (We don ' t drive ort the levee , it is private property , and used for emernency vehicles only ) Mr . Uonr; said Ile was not on an emergency . Mr . 'Wong said "yut LIIe Picnic tol,le off of the 'levee , it is obstructing thv levee . ( Ihe picnic table has been on the levee for 16 years . IL' lias never .itOjJ l'�i:d rlydurcjoncy traffic :. ) the past . )P.Ir , Wong ocCUP Od Nurle o.r !'isllino without a license , and shooting dons . Not!1i.rlg cou'_d uU fucLllcr from tho trut;l . We ovum 2 docs , a horse , goat :;nd o .';left ,�:urle e, usuc to move the picnic tab ! e , . nd uld I°1r . S Onn tU 1 t o!'l' ;lit; prU!:I! ' y . hiT . !a'^ng Cald the l rl ±`i ' . Ucl7t to rtuiclliUor 4 c'r 5 sheri !'' carp answered the c;,11 . ) itno t;i;U r._ i 1 v.oi up the ,`;Side; Of the1uvuc w tilyun r toII . Iwo r 1i ' :, all;!r 0'1ChB('! ISe er I'.` , talc: him he was under ( i:ilUy •lit,' 110 - I.'e..L.' 1111,1 hi:.: r.'_e,h L:. ) Pair . v.on(± '.old I..!li_ IIS_ ! t ' ., , LII_ ;.I;,r1wau_dII , L l ;L Ire 10av :icy put '9orlu -n L I i u c,k LcaL of sh,Cr_ I f ' tJ (.:Jr , h.irldcul I ud him. Drove t0 ?:he other 01!d U ! i'iU Und :il Vl! , G;:'I;JrU tl'10 sheriff a!ld Mr . .;Un(j coi ic i-v i LiU11 !(Laing about to minutes .' From there thry drove Lo the and u ! prey Road Extension . Met with Soy .-' froi!l ileriff ' s Dept , the of Cc .s had another conservation that lastec' about 45 ;!:inu', e : . UI1 ;:Iris time Merle still had the handcuffs on . ) ( 11 . . r r ,.II. L .3 SEE OLI 1� I] i. -'r . C r' IIS, TO HAVE THE :�;.IG 130R.; ., YOLIR N;.S .1PvJ CL : Nh±2L., 1 _0 . ) Un•e of the officers told Merle, we are going tI, take you Lack hoi-iv , because we would have to take you to Mar n gra ` k � ➢ IR, IT l iti!Vl1 LU CUIIIU WIC l;l.' I' YC-U . •.^.(C' 4:UU1d LU UI'I VVUL'L1.1:!l; i:UU� C i I ' t 1 i IAS-' til❑ t Ifl UIC IIIUi]II ti111U Lh..: iteiUlli;or UUu,,hlcr , She ;it.Upped a L'Jlit I!i[lIl'nld UI U,tiicer , Erving to V-; nd outwhatvia- go no oil. ! Ild LiiP icer , Jur ljd Ut"ltor :jII! 9 yo&r old Criln[I;;UII , JII[i L:.IIC L;hUriff .1 1 arCi vCd Milo L't .tlie some time . Our, 9 your old vl'Jllii i:Ul: :.;UUII hi L; Gc:indf Uther with Itanc'cufl73 on . The shcriff (la'de i•;Urlo LI Licket . he c'large , INTL';Ft_;;!_NCE WITH DUTY OF A 11CACC l'i 1_1 I% When they , all left our Grand-con wanted 't0 know, it �iorlu* was otill the sante Crandpa . ApproximGtely 2 months prior to this incident . Mr . Wong drove in our driveway , instead of backing out , he made a circle on the front lawn . I hollered at lith. lie said " I Coale down nere to check things out " . He ltlanted to know? If he was in hoc pers- uato of someone , would they be able to come down our road and get away from hila . ( Sand "jound is, a deadend road, end's of our property ) I think he was mad because I hollered at hil;l, and . this is his t' zq oil getting back . Hy husband is. U truckcriver , hauls cars for Insurud TrUns- portcra in �1,cnicia , he has been there 14 yours , He work.- long , heard huurU . L;umt L1fIIUs 7 dayU a week . If'?l'lu is 56 yeuru, Uld. it i:. U ..;ud CuL : U11' Uffairt; W!lefl a man I-IDS LO hirU Utturncy , pUy hi(.I ' .'if!Q rct+j.illUr feu , for a case I feel was ulljur:til iud . IIUa !. '. (jU!v !:4.'11 l:C) L!1,1 :iU i(It , 1;!'1J4 it 111"111 Call t t :il t.; U11 Ilii I:UCIi , U11 111:; y 0 Jnd feed t!le GUUI(:; VC iiIIUUt IIU '.. I_lllf� arr- 1i:, ::j)Uj);1i fl!! in !1(I tloch , who 1„ll-s [':hOIe .i fl C-; doll' 1 il:.ly"J a period of 2 hour;. . 7 !)i.U' CUU._ u Ilo VU b•.' It a r a1 L1saF; : L' . rea^11Ze the Sheriff ' s Del)'': 1:1:.: t .';fl;' I.! - i L I. Iy L I- I ; 1 wU I. L. [ l�: C;:I Cili!y ClU JU' I .nine �,illt: Y:'?U_C !_'Ii�t(� l•'J:l`i Ulli1UCu ' Ury . :.Il:. yUU for tal:_Ila the t_JmL. to read t!"I ol,i .1-L LUt r Oi' :i;;;i1;;. L fIU:: y[JU L'ii fl o° I Cr l^JOUId Ll l: CIr nF' i.:BIJ Lois VJisner P . 0. Dox 63L, Bethel Island Calif 94511 (415 ) G4-229° S`PLEASE REPLY TO - MEMBER: BANKING AND COMMERCE COMMITTEE SACRAMENTO ADDRESS ELECTIONS AND REAPPORTIONMENT I� ROOM 3085.STATE CAPITOL COMMITTEE SACRAMENTO 95814 L'Ii2ifE TELEPHONE:15151 445-8003 FINANCE COMMITTEE JOINT COMMITTEE ON 1036 DETROIT AVENUE w, T,♦. ff (/r/ 4,r.�.T�.y ��.y� PRISON CONSTRUCTION ° SUITE CONCORD 201 689- TN 1 i 1 a�1 n je -s-slat 1 1 1 1 � JO,INTCOMMAITTEES TELEPHONE:(41515 16 D73 ��YY�NN��4 44 VV ii {K .Y4V� �V�4 CAMPAIGN AND EAST COUNTY _ ELECTION REFORM 420 W.THIRD STREET ° P.D. BO% 1267 - DANIEL E. BOATWRIGHT SELECT COMMITTEE ON ANTIOCH.CA 04605 AUBURN DAM PROJECT TELEPHONE:14151 754-30111 CHAIRMAN CALIFORNIA PUBLIC PROCUREMENT ADVISORY WEST COUNTY ay `_ t COMMITTEE >:ff COUNTY HEALTH BLDG. Gammrr an�Rrliznar anb Tax tion NATIONAL CONFERENCE OF ° 100 37TH STREET RICHMOND 04806 STATE LEGISLATURES, COMMITTEE TELEPHONE:14161 2353620 _ ON LEGISLATIVE ORGANIZATION AND MANAGEMENT CHAIRMAN: January 29, 1986 SESTATE PROCUREMENT AND .. f•{��' EXPENDITURE PRACTICES REPRESENTING: 4: SEVENTH SENATORIAL DISTRICT r 4 a CONTRA COSTA COUNTY Lois Wisner P.O. Box 638 Bethel Island, CA 94511 Dear Ms. Wisner: Thank you for your recent letter. I regret to learn of your husband's legal difficulties. Unfortunately, the only forum for resolving this matter is through the courts. I am certain that your attorn)--y, has dis- cussed any legal options that you may have regarding the actions of the Fish and Game officer. If you want to file a complaint against that individual, you should send a letter outlining the problem to Mr. Jack Parnell, Director, Department of Fish and Game, 1416 Ninth Street, 12th Floor, Sacramento, CA 95814. Thank you again for sharing your concerns with me. Very truly yours r DA IEL E. OATWRI DEB:Tbev 0 California Legislature PHILLIP ISENBERG ASSEMBLYMAN O STATE CAPITOL, SACRAMENTO 95814 (916)445.1611 March 19,,. 1986 Mr. & Mrs. Merle Wisner 4170 Sandmound Blvd. Bethel Island, CA 94511 Dear Mr. & Mrs. Wisner: Thank you for writing my Contra Costa County district office about the arrest of Mr. Wisner resulting from a clash with a state Fish and Game officer. I noted that you are working with your own private attorney. I assume that you have filed the necessary grievance procedure or court action relevant to that matter. In general, it is my policy not to involve myself directly in litigation. In my private life, I am an attorney and know that there are many occasions where the intervention of public officials hurts more than helps in a lawsuit. If your attorney would like to talk to me about certain steps that he or she would recommend I take, I would be happy to do so. However, I would not wish to do anything that might harm your legal position. If I can help you on other matters, please call me. S ' rely, .------- PLI/tnp ❑ DISTRICT OFFICE ❑ DISTRICT OFFICE ❑ DISTRICT OFFICE 1215 15TH ST.,STE 102 4 N.HUTCHINS ST. 625 W.FOURTH ST.,ROOM 5 SACRAMENTO,95814 LODI,95240 ANTIOCH,94509 (916)3244676 (209)3344945 (415)778-4510 APPLICATION TO. FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Applf,cation 'to File Late Claim ) NOTICE TO APPLICANT November 4, 1986 Against the 'County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: MERLE WISNER & LOIS WISNER County CoLinsol c/o Terry D. Buller Attorney: Strom, Buller & Livingston OCT 1 1' 1986 Professional Corporation Address: One Kaiser Plaza, Suite 1785 Martinez, CA 84553 Oakland, CA 94612 Amount: $1 , 000, ()00. 00 By delivery to Clerk on October 8 , 1986 Date Received: October 8, 1986 By mail, postmarked on October 2 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to,Fil Late Claim. DATED: Oct: 13 , 1986 PHIL BATCHELOR, Clerk, By ( puty L. Ha 11 I. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (x) The Board should deny this Application to File Late Claim (Secti n 911.6). DATED: /y)! /%9 VICTOR WESTMAN, County Counsel, III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). ( This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE:—NOV 4 1986 PHIL BATCHELOR, Clerk, By 04-,�.11 Deputy WARNING (Gov. Code $911.8) If'you wish to file a 'oourt action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 9145.4 (claims presentation requirement). See Goverment Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County A inistrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof. has ben Piled and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: N OV 5 1986 PHIL BATCHELOR, Clerk, By WIX-14e& Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By. County Administrator, By APPLICATION TO FILE LATE,CLAIM ,., APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM BY CLAIMANTS , MERLE WISNER & LOIS WISNER TO: THE COUNTY OF CONTRA COSTA I . Application is hereby made , pursuant to Government Code §911 . 4 , for leave to present a late claim founded on a cause of action for assault , battery , false arrest , false imprisonment , intentional infliction of emotional, distress , malicious prosecution , abuse of process , trespass to real property and trespass to personal property which occurred on November 16 , 1985 , and for which a formal claim was not presented within the one hundred ( 100 ) day period provided by 0911 .2 of the Government Code . For additional circumstances relating to the cause of action , reference is made to the proposed claim attached to this Application . II . The failure to formally present this claim within the 100 day period specified by 0911 . 2 of the Government Code was through mistake , inadvertance , surprise and excusable neglect as set forth in the declaration of Terry D. Buller which declaration is made a part hereof and incorporated herein by reference . III . WHEREFORE , it is respectfully requested that the Application be granted and that the attached proposed claim be received and acted upon in accordance with Section 912 .4 and 912 . 8 of the Government Code . DATED: CEIVED STROM, BULLER & LIVINGSTON Professional Corporation �l 7 19$G �-- By : OL Kv AT ue TERRY D. BULLER " Attorneys for Plaintiffs CLAIM AGAINST THE COUNTY OF CONTRA COSTA MERLE & LOIS WISNER, present a claim for damages against the COUNTY OF CONTRA COSTA in the sum of ONE :MILLION ( $1 , 000 , 000 . 00 ) DOLLARS . CLAIMANTS ' ADDRESS : . 16440 Tobacco Road, SR. 2 , Box 37A Alsea , Oregon ATTORNEY' S FOR CLAIMANTS : STROM, BULLER & LIVINGSTON Professional Corporation One Kaiser Plaza , Suite 1785 Oakland , CA 94612 DATE OF OCCURRENCE : November 16 , 1985 PLACE OF OCCURRENCE : 4170 Sandmound Blvd . Bethel Island , Contra Costa County , California SAID CLAIM AROSE FROM THE FOLLOWING CIRCUMSTANCES : Claimant , Merle Wisner was feeding the ducks on his dock on Sandmound Slough , at the above location when State of California , Department of Fish & Game Warden Dale L. Wong wrongfully, intentionally and in wanton disregard of claimant ' s rights , assaulted , battered , falsely arrested & imprisoned claimant . The County Sheriff ' s office further compounded the wrongful acts of Warden Wong by wrongfully arresting & detaining claimant without just cause or an investigation into the facts . Mrs . Wisner witnessed the false arrest and imprisonment . ITEMS„ NATURE AND EXTENT OF DAMAGES OR INJURIES : Claimant Merle Wisner suffered injuries to his body, health , strength and activities and extreme general shock & emotional distress , to his nervous system, the exact nature and extent of which is unknown to claimant at this time . Claimant , Lois ..Wisner suffered extreme emotional distress as a witness to her husband' s injuries . DATED: October 2 , 1986 STROM, BULLER & LIVINGSTON Professional Corporation TERRY D. BULLER Attorneys for Plaintiffs 1 STROM, BULLER & LIVINGSTON Professional Corporation 2 One Kaiser Plaza , Suite 1785 Oakland , CA. . 94612 3 (415 ) 832-4295 4 Attorneys for Plaintiffs 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF CONTRA COSTA 10 11 MERLE WISNER; LOIS WISNER, 12 Petitioners , NO. 13 vs . DECLARATION OF TERRY D. BULLER FOR LEAVE TO PRESENT A LATE 14 STATE OF CALIFORNIA, COUNTY OF CLAIM CONTRA COSTA and DOES 1 through 15 100 , inclusive , 16 Respondents .' 17 TERRY D. BULLER, declares as follows : 18 He is one of the attorneys for claimants , MERLE & LOIS 19 WISNER. 20 Declarant was retained by claimants on or about September 19 , 21 1986 , to prosecute claimants ' claim for personal injuries which 22 resulted from assault , battery , false arrest , false imprisonment , 23 intentional infliction of emotional distress , negligent infliction 24 of emotional distress , malicious prosecution , abuse of process , 25 26 and trespass to real property which occurred on November 16 , 1985 1 by employees of the State of California and County o'f Contra 2 Costa . 3 Claimants were adult residents of Bethel Island , an 4 unincorporated area of Contra Costa County , California at the time 5 of the alleged incident . 6 Claimants make this application to present. a late claim 7 within one year from the date of the incident for the following 8 reasons : 9 Claimants thought they had done what they were required to do 10 to make a complaint against the responsible parties and were 11 repeatedly told by agents of the government that the matter was 12 being handled . At no time , did any of the government agents with 13 whom claimants dealt during the past year ever explain that if 14 claimants wanted to pursue an action against the state or county 15 that they had to present a formal claim to each such entity within 16 100 days of the incident in' question . 17 Claimants made a timely claim in that their efforts at 18 redressing their grievances with the public entities and public 19 personnel thereof named herein constitute effective notice to such 20 named parties , as evinced by the following: 21 1 . On or about January 15 , 1986 , Claimant Lois Wisner wrote 22 a letter on behalf of her husband and herself to the State of 23 California Fish and Game Department , which had direct authority , 24 responsibility and liability for the actions of Game Warden Dale 25 L. Wong at all times relevant to the within action , complaining of 26 Warden Wong' s conduct during the incident which is the subject 2 1 ' matter of this claim. The correspondence also documents Warden 2 ' Wong ' s systematic harrassment of claimants , false accusation of 3 Merle Wisner and concludes with a clear request for action to be 4 taken in the matter . 5 As the incident in question occurred on November 15 , 1985 , 6 claimants notice to defendant was within the 100 day claim period 7 required by Gov . Code §911 . 2 ( See the copy of claimant ' s letter 8 to Mr . Paul Jensen of the Fish and Game Department , attached 9 hereto as Exhibit "A" . ) 10 On January 17 , 1986 and again on March 26 , 1986 , Paul T. 11 Jensen , Regional Manager of Region 2 of the State Department of 12 Fish & Game wrote to claimant Lois Wisner . (See Exhibit "B" , copy 13 of letter dated March 26 , 1986 from Jensen to Lois Wisner . ) 14 Through Jensen ' s letter , he lulled claimants into a false sense of 15 security as to the proper procedure for filing their claim. 16 Jensen misled the claimants into believing that the entire matter 17 arising from the transactions and occurrences of the incident was 18 being handled by the Contra Costa County District Attorney ' s 19 office . The letter states : "The matter is now in the hands of 20 the Contra Costa County District Attorney ' s Office , and 21 disposition will be reached through the judicial process . " The 22 " "matter" Jensen refers to is the " . . . complaint against Warden 23 Wong. " Jensen ' s letter unequivocally states that the DA' s office 24 was handling their complaint . Claimants , therefore reasonably 25, understood that no further action on their part was necessary . 26 I 3 1 Jensen further lulled claimants into a false sense of 2 security .by affording them the opportunity to "discuss the issue 3 further after the court action is concluded . " Jensen had the 4 authority of his office and claimants , acting reasonably , took him 5 at his word . 6 As further evidence of claimants ' attempts to pursue their 7 claim, please see the attached copies of letters written by Mrs . 8 Wisner to State Senator Daniel E . Boatwright and State Assembly 9 Phillip Eisenberg . (Exhibit "C" , "D" , and "E" , attached hereto) . 10 In Mrs . Wisner ' s letter to Senator Boatwright , she specifically 11 requests assistance in seeking and obtaining remedy against the 12 parties involved . . 13 The parties involved should be estopped from denying 14 claimant ' s claim against the named entities on the ground of 15 untimely filing because of their failure to specifically notify 16 claimants of their rights and duties . 17 Claimants are a working class couple who lived on Bethel 18 Island for sixteen years . As evidenced by the correspondence of 19 Mrs . Wisner , she attempted in good faith to pursue a claim and 20 make a complaint against the responsible parties . Prior to this 21 incident , claimants had never had occasion to deal with the 22 administrative processes and procedures which would have enabled 23 , them to formally & timely file claims against the parties herein . 24 Finally , claimants have been involved in a criminal 25 proceeding brought by the parties since immediately following the 26 incident which has taken until August 26 , 1986 to resolve . The 4 1 criminal complaint was filed on December 3 , 1985 and dismissed 2 August 26 , 1986 . Claimants were understandably , primarily 3 concerned with this action against them and did not turn their 4 full attention to their civil rights in the matter until this 5 portion of the action was resolved . 6 No prejudice has been suffered by any of the parties named 7 herein because of any delay in that the parties were given 8 constructive notice if not actual notice of claimants , claim. 9 Defendant State of California did a thorough investigation of the 10 incident during the months of January and February , 1986 and the 11 county was responsible for the prosecution of the criminal action . 12 In view of the diligence of claimants to pursue their claim, 13 the fact that they made an actual claim to defendant State of 14 California within the 100 day claim period , together with the fact 15 that they were essentially inexperienced persons in legal matters 16 and that no person in a responsible position from the date of the 17 incident until they obtained present counsel , informed them of the 18 formal claims procedure necessity , declarant respectfully requests 19 that relief be granted and claimants be allowed to file a late 20 claim against the State of California and County of Contra Costa . 21 I declare under penalty of perjury that the foregoing is true 22 and correct . 23 Executed on October 2 , 1986 ,. at Oakland , California . 24 6 Z'4-- TERRY D. BULLER 25 Declarant 26 i I i 5 AMENDED / 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 November 4, - 1986 and Board Action. All Section references are to ) The copy of this document mailed 1: 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. Pieasi: not a1 'WARNIN S" county Qounsel CLAIMANT: MICHAEL & BETTY LAGOSH c/o Paul T. Klobas OCT 0 7 1986 ATTORNEY: Attorney At. Law tuiarti,^,ez, CA 94553 4515 San Pablo Dam Road Date received ADDRESS: E1 Sobrante, CA 9-4803-0727 BY DELIVERY TO CLERK ON September 29 . 1986 CC BY MAIL POSTMARKED: September 26 , 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. eHIL BATCHELOR, Clerk DATED: October 3 , 1986 BY: Deputy L. Hall 1I. 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: �-�- 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 gS AM&WOn AThis Claims rejected in full. ( ) Other: 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: N 0 V 4 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 1 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: N 0 V 5 1Jv6 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim of MICHAEL LAGOSH and SECOND AMENDED BETTY LAGOSH Against the COUNTY OF CONTRA COSTA CLAIM FOR INDEMNIFICATION TO THE CLERK, -BOARD OF SUPERVISORS: 1 . You are hereby notified that MICHAEL LAGOSH and BETTY LAGOSH whose address is 3977 LaCima Road, E1 Sobrante, Califor- nia, claim indemnity from the County of Contra Costa, if and to the extent that they are held liable to any of the parties, be they plaintiff, cross-complainants or otherwise , arising out of the facts alleged in that certain action pending in the Superior Court of Contra Costa County, entitled John M. Rayburn, Walter E. Rayburn, Linda Cowan, William L. Rayburn, Michael E. Rayburn, Plaintiffs, versus Pacific Gas & Electric Company, County of Contra Costa, East Bay Municipal Utility District, Does 1-50, Defendants, and related cross-actions, case number. 282972. Related cross-actions are entitled : Cross-Complainant : Cross-Defendants: A. County of Contra Costa vs . Pacific Gas & Electric Co . , East Bay Municipal Utility District, Michael LaGosh, Betty LaGosh, Does 51-100 . B. Pacific Gas & Electric Co. vs . County of Contra Costa, East Bay Municipal Utility District, Michael LaGosh, Betty LaGosh, Does 1-100 . 2 . This claim arises out of the dangerous condition of the county roadway at or near 3977 LaCima Road, E1 Sobrante , Califor- nia on or about May 7 , 1985- Martha Rayburn was walking in said area and slipped and fell due to the dangerous condition of said county roadway and fractured her ankle which later resulted in her death on May 12, 1985 . As a result thereof, a wrongful death action was filed as described in paragraph 1 hereof. The County of Contra Costa is a defendant and it filed a cross-complaint against claimants herein. Defendants Pacific Gas & Electric Company also filed a cross-complaint against claimants herein. See copy of complaint filed in said action attached hereto as Exhibit A for additional facts relating to the transaction giving rise to this claim. Both cross-complaints seek indemnification from claimants herein. RECEIVED CC..- SEPoc;-/c P VKN BA ELOR J� CLD F U 14ORS BY . ............. ..�W:Y 1 Claim of MICHAEL LAGOSH and BETTY LAGOSH 3. This claim is based on the aforesaid wrongful death action which was filed on behalf of the heirs of Martha Rayburn, deceased and related cross-actions as defined in paragraph 1 hereof, and arising out of the facts alleged in said complaint and related cross-actions as defined in paragraph 1 hereof. 4 . Claimants do not know the names of the public employees who caused the damage alleged in the wrongful death action as aforesaid . 5 . The damage sustained by claimants herein consists of the total amount of any loss and/or liability whether by judgment, settlement, or otherwise that claimants may sustain as a result of the aforementioned lawsuit and related cross-actions as defined in paragraph 1 hereof, and at this time the exact amount of any such loss is by nature unknown. Since claimants have not begun` their investigation they have no estimate of the prospective damage or loss. The computation of any loss would be equal to the monetary loss, if any, eventually sustained by claimants. 6 . Claimants were served with summons in the cross-complaint filed by Contra Costa County on July 11 , 1986, and claimants were served with summons in the cross-complaint filed by Pacific Gas & Electric Company on or about August 22, 1986 . 7 . All notices and communications with regard to this claim should be sent as follows : Paul T. Klobas Attorney at Law 4515 San Pablo Dam Road P.O. Box 727 E1 Sobrante , CA 94803-0727 (415) 223-5073 Dated : 9/26/86 . PAUL T. KLOBAS Attorney for Claimants 2 EXHIBIT A y LAW OFFICES OF 1 WALKUP, SHELBY.Y. BABASTITIAN. MELODIA KELLY & O'REILLY FEB 2 A ..OfCSSIONAL CORPORATION J. R ULaSUN, Counly Cierg !SO CALIFORNIA STREET C NT COSTA COU TY 3 SAN FRANCISCO CALIFORNIA 94108 By T„a...cwc WS) 981-72VO . A enOC•rph, Den �v 4 5 ATTORNEYS FOR PLAINTIFF 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 JOHN M. RAYBURN, WALTER E. -RAYBURN , LINDA COVIAN, WILLIAM L. NO. ? 12 RAYBURN , MICHAEL E. RAYBURN COMPLAINT FOR DA:IAGES 13 Plaintiff , 14 vs . :5 7SSG:.2 15 PACIFIC GAS & ELECTRIC COMPANY, COUNTY OF CONTRA COSTA, EAST BAY 16 MUNICIPAL UTILITY DISTRICT, DOE ONE through DOE FIFTY, 17 Defendants . 18 / �/� FIRST CAUSE OF ACTION I, 20 Plaintiffs complain of defendants , and each of them, and for 21 a First Cause of Action all.eae : 22 1 . The true names , capacities , involvement , whether individual 23 ,corporate , governmental or associate , of the defendants named 24 herein as DOE are unknown to plaintiff who therefore sues said 25 ;defer;.?ants by such fictitious names . Plaintiffs pray leave to 26 jamend this Cc,.mplairlt to Fhow their true 1; :IT,es and capacities when I J I the same have been finally determined . 2 Plaintiffs are informed and believe , and upon such information 3 and belief allege, that each of the defendants designated herein 4 las DOE is negligently or otherwise legally . responsible in _some 5 manner for the events and happenings herein referred to, and 6 negligently or otherwise caused injury and damages proximately 7 thereby to plaintiffs as is hereafter alleged 8 2 . At all times herein mentioned each and every of the 9 idefendants herein was the agent, servant and employee, each of the 10 lother , and each was acting within the course and scope of his 11 (agency, service and employment . 12 I 3 . At all times herein mentioned defendant PACIFIC GAS & 13 (' ELECTRIC CG^;PANY , was a corporation doing business as a public 14 futility company within the State of California . 15 4 . At all times herein mentioned defendants COUNTY OF CONTRA 16 iCOSTA and EAST BAY MUNICIPAL UTILITY DISTRICT owned, possessed , 17 controlled , maintained , and supervised land and improvements 18 including La Cima Road and vicinity in El Sobrante, Contra Costa 19 County , California . 20 5 . At all times herein mentioned defendants PACIFIC GAS' & 21 ( ELECTRIC COMPANY, CONTRA COSTA COUNTY and EAST BAY MUNICIPAL 22 (UTILITY DISTRICT, DOE ONE through DOE TEN, and each of them, owned , ?3 'possessed , controlled , maintained , supefvised utility lines , 24 pipelines , and areas appurtenant . thereto, on said La Cima Road in 25 1EI Sobrante , Califoi.nia . Said utility lines and pipelines were 26 ,placid above ground in a Clar:geI'OliS n,-)d 1iaZn1'dCl:S manner 50 c5 t0 -2 { f I be a potential danger and hazard to persons walking on said street 2 area , including Martha Rayburn , now. deceased . 3 6 . On--or about May 7 , 1985 , at or about 6 :30 p.m. of said day, 4 plaintiffs ' decedent , Martha Rayburn , was walking on La Cima Road 5 at or near 3977 La Cima Road in El Sobrante and fell due to said 6 utility lines , pipelines and debris on and near the roadway, and 7 fractured her ankle which later resulted in her death on May 12 , 8 1985 . 9 7 . At said time and place, defendants , and each of them, were 10 +negligent and careless in the creation, possession, maintenance, 11 (control and supervision of the hazardous and dangerous condition i 12 +of the utility lines , pipelines and debris above, on and near the 13 Ir"cadway , and provided inadequate or no warnings of said danger and 14 ;hazard to persons walking on said roadway . 15 I 8 . Said defendants has actual notice of the aforementioned Idancerous 16 condition of La Cima Road and said defendants had 17 (constructive notice of the aforementioned dangerous condition , as 18 ;said condition existed in substantially the same state and 19 lappearance for a significant period of time prior to decedent ' s 20 injury , and was of such an obvious nature that both it and its 21 (dangerous character should have been discovered by the defendants 22 in the exercise of ordinary care , and would have been so discovered 23 Iby a reasonably adequate inspection system maintained and operated j 24 .with due care . 25 9 . Having said actual and Car.St.ructive notice , said 26 ;cefendant.s , and each of them, had sufficient time to take mcasures „,• I - 3- °••.: I to remedy and protect against said dangerous and defective 2 condition and to protect persons walking along the roadway from 3 risk of injury ; but the defendants carelessly and negligently 4 failed to remedy, protect or warn of such dangerous and defective 5 condition . 6 10 . At said time and place , as a direct and proximate result 7 :of the aforementioned negligence, carelessness and fault of 8 defendants , and each of them, plaintiffs ' decedent Martha Rayburn 9 lovas caused to fall due to the utility lines, pipelines and debris 10 ion and near the roadway causing her to suffer and sustain the fatal I 11 linjuries and damages herein set forth . 12 11 . By reason of the premises , plaintiffs ' decedent, Martha 13 uRayburn , now deceased, was caused to suffer and sustain fatal 14 injuries resulting in her death on May 12 , 1985 . I, 15 i 12 . Plaintiff JOHN M. RAYBURN, is the surviving spouse of � 16 (Martha Rayburn, deceased , and plaintiffs WALTER E. RAYBURN, LINDA 17 1CO1;AN, 1o'IL•LIAAS L. RAYBURN and MICHAEL E. RAYBURN, are the surviving 18 •adult children of Martha Rayburn , deceased . Said plaintiffs 19 constitute all of the heirs at law of Martha Rayburn, deceased . 20 13 . By reason of the death of Martha Rayburn, deceased , 21 iplaintiffs have been deprived of a kind and loving wife and mother , 22 iand of her care , comfort , society , companionship, protection and 23 (support , all to their general damage in a, sum in excess of the 24 jurisdictional minimum limits of this Court , and in addition , 25 [plaintiffs have incurred certain funeral and burial expenses , the 26 I _ .exact amount of which is presently u„asccrta , r.ed , but said 4r.eu„t •t:•-• rL6• Pac-s i I will be inserted herein by amendment when the same is finally 2 determined . - 3 14 . written Claims for Damages setting forth the matters herein 4 ]alleged were duly and regularly presented to . and filed on behalf _ .. 5 of plaintiffs with defendants , COUNTY OF CONTRA COSTA and EAST BAY 6 MUNICIPAL UTILITY DISTRICT, in accordance with the appropriate 7 sections of the California Government Code. On or about September 8 110 , and 12 , 1985 , said defendants respectively, denied said claims . 9 This Complaint is timely filed within the time prescribed by law 10after the denial of said claims . 11 15 . By reason of the premises , plaintiffs have been generally 12 �eamaged in a sum in excess of the jurisdictional minimum limits J 13 !of this Court . 14 WHEREFORE plaintiffs pray judgment against defendants , and each I 15 ,of them, jointly and severally , as follows : 16 I a ) for general damages that may be proved ; 17 b) for special damages that may be proved ; 16 i c ) for prejudgment interest__ -D 19 d ) for costs of suit ; and 20 e ) for such other and further relief as the Court may deem 21 proper. 22 WALKUP, SHELBY , BASTIAN, 23 MELODIA, KELLY & W REILLY rs� 24 ri By_.— - - --�}L 25 N /- (l 't��&" `�J� GEORGE �7. SHELBY 26 r Opo6J J 6 ��2tin. X30.� 83�•`� 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 November 4, 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: $495. 00 Section 913 and 915.4. Please not all 'LA�rtn{1 �"eOL'nSE1 CLAIMANT: DAVID SHUMAKER 0 C T 1 1'1986 ATTORNEY: Martinez, CA 94553 Date received ADDRESS: P•,.O. Box 1294 BY DELIVERY TO CLERK ON October 6 , 1986 transmittal Lafayette, CA 94549 BY MAIL POSTMARKED: no envel'Ope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL BATCHELOR, Clerk DATED: October 13 , 1986 : eputy L. Hall 11. FROM: County Counsel - TO: Clerk of the Board of Supervisors ykj 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: r • Dated: �� ,J��/ `J�(' BY: 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 (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: N 0 V 4 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: NOV 5 1986 BY: PHIL BATCHELOR by ' V- 4� Deputy Clerk 11 CC: County Counsel County Administrator CLAIM TO:: BOARD OF SUPERVISORS OF CONTRA COWa #applicationto: Instructions to ClaimantClerk of the Board P.O.Box 911 Martinez.Calitomla 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 Distript should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty Por fraudulent claims, Penal Code Sec. 72 at end of this form. �***�t*'**�**�***•re*af**,rs*f***t�**f**t�**��*tt***frtttrt**tRtr*******•*+rtr+rt RE: Claim by )Resery g stamps RECEIVED Against the COUNTY OF CONTRA COSTA) or DISTRICT) CL La cNELoR p F S E ISOR$ (Fillin name ) sr . . �. ..... . OWAY The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ y and in support of this claim represents as follows: ------ ---- -- -------- ------------------------=----------- -- ---- K. When aid the damage or �n�ury occur? (Give exact date and hour] -- - - -------------- - -------- -- -- - �. W�iere did t e` age/)o injury occur? (Include city and county) J --------------------------T-T------------ - ' --'r -------------- 3. How did the damage or injury occur? ZGiveulI details, use extra sheets if required) ---------r---T---------------T-�-T-----------------------------T---T----- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) 5: What are the names of county or district officers, servants or employees causing the damage r injury? -- -- -------- ...........--T--------- - - - -- ------�.�----- 6.- Wh-a--t damage or injuries do you claim resulted? ZG�ve dull extent of injuries oi_ damages claimed. - At c �two estimates for auto damage) ------------------------------l----------------------------------- --= 7. How ^was the amount claimed above computed? (Include the estimated amount of any prospective injury r damage.) «y � 6. Names and addresses of witnesses doctors and hospitals. -- -------------T---------L'------------••-------T-----T-�•------T-T---- IS. List the expenditures you made on account of this accident or Injury: DATE ITEM AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or-by some on bio behalf." Name and Address of Attorney / '�- C , t s S �wture �� / Ad re Telephone No. Telephone go. aw NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud. presents for allowance or for payment to any state board or officer, ' or to any county, town, city district, ward or village board or officer', authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA and as EX-Officio as the, Governing Board of the Sanitation District #15 Claim Against,the County, or District governed by) BOARD ACTION the Board of Supervisors. Routing Endorsements, ) NOTICE TO CLAIMANT November 4 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: $158. 3 8 Section 913 and 915.4. Please not all *WARNINGS". CLAIMANT: F.A. & ALMA T. HEUSLER County Counsel ATTORNEY: OU 11' 1986 Date received October 10 Pvl cfy®ez, CA 045;3 ADDRESS: P.O. BOX HSS BY DELIVERY TO CLERK ON � Bethel Island, CA 94511 BY MAIL POSTMARKED: October $ , 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: October 13 , 1986 O 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: i Dated: C 62-9, / y�'(� BY: >/ --Ldeputy 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 (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. Nov 4 1986 Dated: PHIL BATCHELOR, Clerk, By ,op 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: :NOV 5 1988 BY: PHIL BATCHELOR by /tai'`—'Deputy Clerk CC: County Counsel County Administrator I CLAIM: TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 Cor mail to P.O. Box 9111 Martinez, CA) _ C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public 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 ) Resery g stamps RECEIVED ) OCT /01986 Against the COUNTY OF CONTRA COSTA) / or Z/'a., ©i C n ) _ 1 'AT A ,�c /G:+s (Y..r-DISTRICT) Cie NSR F UDc. — (Fill in me) ) L.... .. .... ....... .. . .. D" The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ SSP, 39 and in support of this claim represents as follows: ------------------------------------------------------------------------ d 1. When did the amage or injury occur? (Give exact date and hour) 4 : . Where did the damage or injury occur? (Include city and county) 3. ' ' H;O did the damage or injury occur? (Give full details, use extra sheets if required) �yleGo=- fJ�cZc`=.a Qi +- a --- } - ------------- - ------- --------- ------------- - 4 . What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) 5.. what. are the names of county or district off icers;•_-ssrv,,ants=:or= r •.employees pausing the damage or injury? - �- - - --- -- ------ -- -------- -------------------------- --------- 6 . What dam ge or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) ------ -------------- -------------------------------- --.--How waCam-ou-n-t-caimeabove computedInclude the estimated amount of any prospective injury or damage. ) ---------------a -------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. ------------------------------------------------------------------------- 9. : List the expenditures you made on account of this accident or injury: DATE . ITEM AMOUNT 4 i Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney 'laimant' s Signature Addres Telephone No. Telephone No. CP/- a 37G ************************************************************************** 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. " X04 m i94 ez)� 90--to Ll Flit 0 z 4 kn V ¢ � � � _ O 'W O £ �O�W N l 4A Irl DO to 'n Off,u, 0' Vj Sib 0 V �''++i r';'6 w ZNQ> i. n ' 4s G�� �),F- Z 6w !-z 0- A 4wz, IV 7, Wlv�l O'W 0�000 ?-4 `•,+7 "I , T 5': 3�D goo 0, 4-DOO 3oj7 O!a 0 low va clt *�t- V,UM 0— r. i5 2 z 0 ti Z; 4m Co 9. CLAIM BOARD 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 November 4 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: $600,000. 00 Section 913 and 915.4. Please not all "WARNINGS". CLAIMANT: STANLEY SMAGACZ County Counsel c/o Rosemary Matossian OCT 1 '1986 ATTORNEY: Matossian & Flynn 200 Gregory Lane Date received �" Ca �J��S' ADDRESS: Pleasant Hill, CA , 94523 BY DELIVERY TO CLERK ON October 8 .'&fyg'�_, BY MAIL POSTMARKED: October 7 , 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL BATCHELOR, Clerk DATED: October 13, 1986 : Deputy 9 L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors 94 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: 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: 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: N 0 V 4 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, i California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. NOV 5 1986 // Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator c I Rosemaryy Matossian ECE, VED �ATOSSIAN & FLYNN 'Z 200 Gregory Lane 3 Pleasant Hill, CA 94523 4 (415) 676-8727 5 Attorneys for Claimant, Lon6 STANLEY SMAGACZ ' 7 8 9 In re the matter of ) Gov. C. §910 10 STANLEY SMAGACZ , ) 11 ) 12 Claimant, ) 13 against ) 14 CONTRA COSTA COUNTY ) 15 ) 16 17 STANLEY SMAGACZ hereby makes claim against CONTRA COSTA COUNTY 18 and in accordance with Government Code §910 represents as follows: 19 A. Claimant' s post office address is: 20 STANLEY SMAGACZ 21 1701 Laguna, #)201 Concord, CA 94518 22 23 B. Notices concerning this claim should be sent to: 24 Rosemary Matossian 28 MATOSSIAN & FLYNN 26 200 Gregory Lane Pleasant Hill , CA 94523 27 28 C. The occurrence and acts giving rise to this claim 29 occurred on or about July 8 , 1986 , at Martinez , California 80 (wrongful demotion) , and on or about May 28 , 1986 (wrongful dis- . 31 missal from employment) . Claimant timely filed notices of appeal 32 from his demotion and from his dismissal. On July 8 , 1986 , the 33 Merit Board denied claimant' s request for re-hearing. On said 34 date the Merit Board adopted the report and recommendation of 35 the Hearing Officer and denied claimant' s appeal from demotion. 36 LAWOFFICES OP Matossian 6 Flynn 200 GREGORY LANE PLEASANT HILL, CA 94523 14151 6769727 1' Claimant' s appeal from dismissal is pending. ( 21 The acts and occurrence giving rise to this claim are: 3 1) Breach of contract; 4 2•) Breach of Health Services Department personnel rules , 5 regulations, policy. and/or protocol; 6 3) Breach of implied covenant of good faith and fair 7 dealing; 6 4) Intentional and negligent infliction of mental dis- 9 tress; 10 5) Negligent and fraudulent misrepresentation; 11 6) Defamation; 12 7) Interference with contract and prospective advantageous 13 relationship; 14 8) Violation of civil rights. 15 D. Damages suffered by claimant are: 16 1) Loss of income; 17 2) Loss of fringe benefits; 18 3) Medical expenses; 19 4) Emotional distress; 20 5) Defamation of reputation and character; 21 6) Other damages presently not known to claimant. 22 E. The names of the public employees causing the injury are: 23 1) Mark Finucane 24 2) Stuart McCullough 25 3) Web Beadle 26 4) Jack Champlin 27 5) Phil Sokolay 28 6) Gail Bataille 29 F. The amount of damages claimed, including punitive damages 30 against the individuals named in paragraph E herein, is $600, 000. 31 32 33 1 ' The time requirements to file a claim is tolled while the 34 claimant is pursuing administrative remedies . (Myers v Orange 35 County [1970] 6 CAM. 626; 86 C.R. 198 . 36 LAW OFFICES OF Matassian & Flynn -2- 200 GREGORY LANE PLEASANT HILL, CA 94323 (413) 876.8727 1 The basis of the computation claimed is: 2 1) Loss of income (to the present . $72 ,000 3 and prospectively) 2) Loss of fringe benefits Unknown. C.C.C. has 4 information necessary 5 to calculate this loss 6 3) Medical expenses Value of medical ser- 7 vices is presently unknown. 8 4) General damages $200 ,000 9 5) Punitive damages $200 ,000 10 6) Attornev' s. fees On-going 11 12 13 14 Dated: October 7 , 1986 MATOSSIAN & FLYNN 15 16 �,�,c,a'1 /7'I 17 18 Rosemary Matossian Attorney for Claimant 19 20 21 22 23 24 25 26 27 28 29 30 31 3,2 33 34 35 36 LAW OFFICES OF Matossian 8 Flynn -3- 200 GREGORY LANE PLEASANT HILL, CA 84523 14151 676.8727 CERTIFICATE OF SERVICE BY MAIL (CCP §§1012, 1013 (a) , 2015 . 5 ; Evid. C. §641) RE : Smagacz v Contra Costa County Case No . I certify that nn, address is 200 Greaory Lane , Pleasant Hill , California 94523, and that I am a citizen of the United States , over 18 years of age, a resident of the County of Contra Costa , and not a party to this action; I served a true copy of the attached Claim against Contra Costa County by placing said copy/copies in (an) envelope (s) addressed as follows : Paul Muniz Clerk of the Board of Supervisors Deputy County Counsel . Room 106 , County Administration Bldg. 651 Pine Street 651 Pine Street Martinez , CA 94553 Martinez , CA 94553 which place (s) has/have delivery service by U.S . Mail, which envelope(s) was/were then sealed, postage fully prepaid thereon, and deposited today in the U.S. Mail at Pleasant Hill, Contra Costa County, CA. I certify under penalty of perjury that the foregoing is true and correct. Dated: October 7 , 1986 at Pleasant Hill , CA. Beverly Miller 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 November 4, 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: $175, 111 Section 913 and 915.4. Please not all "WfRW% Counsel CLAIMANT: A.G. BREITWEISER BUILDERS, INC. OCT 07 1986 c/o Nancy J. Casale ATTORNEY: Tinning & Delap Martinez, CA 914553 1211 Newell Ave, Suite 200 Date receivbd ADDRESS: Walnut Creek, CA 94595 BY DELIVERY TO CLERK ON October 2 , 1986 hand del. 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 BATCHELOR, Clerk DATED: October 6 , 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. ( j 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: puty 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 (JC) 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: NOV 4 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. NOV 5 1586, Dated: BY: PHIL BATCHELOR by _.Deputy Clerk CC: County Counsel County Administrator I f 1 1 R CLAI:9 AGAINST THE COUNTY OF CONTRA C A * F -_-- ---__--- s 0 `f'iE COUNTY OF• CONTRA COSTA: A. G. Breitweiser Builders, Inc. , hnralr)y ma-,os claim against the County of Contra Costa for indemnity and zqa%,F. s ine f��tlowing statements i-n support of the claim: 1 . Claimant' s address is 2145 Cactus Court, No. 6, Walnut Creek, California 94595. 2. Notices concerning the claim shoull be sent to claimant ' s attorney N3.n^y .3. Cagate, Tinning & OeLap, 1211 Newell Avenue, Suite 200, Walnut Creek, California 94596. 3. 7hF3 ;lata ar1'1 nl 3C8 o,: t'1' tC3''153�7'�--'7`'1 �3i-\7ir1g rise to the claim arca the lawsuit .filed by Steven Sachs , Bobbi Sachs and American Motorists Insurance Company in the County of Contra Costa, State of California, action no. 253460, served on claimant or, August 21, 1986. 4. The circumstances giving rise to this claim are as follows : Steven Sachs and Bobbi Sachs are the owners of a residence located at 45 Knickerbocker Lane, Orinda, California. The resi.dence ,was constructed by A. G. Brei.tweiser Builders, Inc. The County of Contra Costa negligently, carelessly and improperly designed, constructed, installed, manag:>_,3 and maintained the storm drainage system and pipes adjacent to the . Sachs ' residence resulting in and thereby causing landslides in February, 1983 and November and December of 1983, causing damages to the Sachs. The 13c1hs ha V? filed '3Ui.t _Ig-Ainst ;:!I..li.�Q3i-i for iiia la+ ig,?s to tlie-ir 1. • ti residence. These damages, if any, arise out of and are solely attrib,ttable to t-ne negligent conduct of the County of Contra Costa in regard to the drainage system. 5. Claimant ' s injuries are that the Sachs ?live filed suit against clai-mant for lamages in an amount in excess of $175, 111 arising out of the landslide and property damage to their residence. 5. The names of the pu'•ilic employees causing the claimant ' s injuries are unknown. 7. Claimant ' s claim as of thv� date of this claim is for indemnity from the Co.irnty for any anti :all 91.nages recovered against claimant in the 3ac'rns lawsuit. Dated: October 1995. TINNING & DeLAP By Nan le Atto eys fo Albert G. Breitwei_ser Builders, Inc. CKD: 19. 35 2. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA laim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT November 4, 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: $25, 000. 00 Section 913 and 915.4: Pl'ei se not11 "WARNINGS". Bounty Counsel CLAIMANT: DENNIS J. DEL PORATO c/o' Joseph Pisano OCT 0 7 1986 ATTORNEY: Attorneys and Counselors at Law 176:6-A Union Street Date received Martinez, CA 94553 ADDRESS: Sari Francisco, CA 94123 BY DELIVERY TO CLERK ON October 1 , 1986 hand del . BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 3_ 1986 EVIL BATCHELOR, Clerk eputy 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: OC. e7, 129-(o BY: 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. e Q > Dated: NOV 4 1986 PHIL BATCHELOR, Clerk, By ��fiV 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: NOV 5 1986 BY: PHIL BATCHELOR by _ Deputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA C eta ii ��r pp'cation to: Instructions to ClaimantC!erk of the Board Mprtinez Califomia94553 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 he 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 Clem' iling stamps ) RECEIVIBD Against the COUNTY OF CONTRA COSTA) �C� i.3 J or, 1l- 9,/po/° �&Vlc14'Q(f t<DISTRICT) (Fill in name ) cLERV "" oR OF U EVI p ST The undersigned claimant hereby makes claim e { ounty of Contra Costa or the above-named District in the sum of $ SGPlb and in support of this claim represents as follows: -------s---------------- s---• -------- -------- -------- ---- ---- y. When did the damage or �n?ury occur? Give exact date ani hour] 64 Y WFiere aid EK; damage or injury occur? Include city and County] 3. How did the damage or in3ury occur? (Give dull cletaiis, use extra'J. (' sheets if required) rq�f r . 11,�2d?�fGN �� �- •, j �-G� �7 `�� L /S 5?0yS 6^1 4. What particular act or omission on the pait of county or district officers, servants or employees caused the injury or damage? / ,f pi(40 .13 Ve (5?ec at cis C� � ��e 6i✓ ' -&W0(t c Z&9/ Cal.,�� a /` cJ (over) .5.' .Wh; t are ' he names of county or district officers, servants or' employees causing the damage or injury? 6. what damage or injuries do you claim resu�te�? Give full extent of injuries or damages claimed. Attach two estimates for auto damage Oo'!U� �•L � /��� Q� //V/Ylafi'C__ --------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimate I amount of any prospective injury or damage. ) G ht CotT , eek/N t r�(fir cou oa` ------------------------ ----:------------------ - 6. NAames and addresses of---witnesses---------,--doctors--------and---hospitals. ----- ------------T-------------------------------T-----T--------T-T---- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or bv some iDe4son on his behalf. " Name and A44ress of Attorney 'b (�ssvld //So so ai ant s Signature (7V le B UN�o� St' 1766 O"QWJ .t S CB FL Address syi� Telephone No. 7/)^ 776 )3 ? Telephone No. RRRR****RR*******#*t#*****###*R#*#*R#R*R**R#***#****#*RR##*R#*#RRR#*#*#RRR NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 'Claim Against ,the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT November 4, 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: $64. 00 Section 913 and 915.4. Please not all "WAINGS GSA% Counsel CLAIMANT: L.D. NEAL OCT 0 7 1986 ATTORNEY: Date received Martinez, CA 94553 ADDRESS: P.O. Box 603 BY DELIVERY TO CLERK ON October 3 , 1986 Hand del . San Pablo, CA 94806 BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. gyIL BATCHELOR, Clerk li(1 •, Gl�C�f /� DATED: October 3. 1986 : Deputy L. Hall I1. 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: ,(�/ � � 8Y:?r ' ���� CA-tDeputy 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). 1V. 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: n Oy 4 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 16; 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 5 1986 Dated: BY: PHIL BATCHELOR by � _-Deputy Clerk CC: County Counsel County Administrator C AIM,TO: BOARD OF SUPERVISORS OF CONTRA COpa Wyapplication to: Instructions to ClaimantClerk of the Board F.O.Box 911 Martinez.Califomia 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not ,later than the 100th day after the accrual of the cause of action. 'Claims relating to any other cause of action must be presented not later than one year after the accrual of the eause 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 DistriDt ehould 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 )Reservi dltrf[/ ' i g stamps Against the COUNTY OF CONTRA COSTA) BAICNLoQAVISORS ox DISTRICT) (Fillin name ) The undersigned claimant hereby makes claim against the Co of ,�1 Contra ! Costa or the above-named District in the sum of $ -'5 and in support of this claim repreysents as follows: -` O. ___________ S _______ _ �. When did the damage or �n3ury occur? (Give exact date and hour] ---- - - - -- -- - -- -- - 1. WRiere aid tFie damage or injury occur? (Include city and county] 3. How did the damage or injury occur? iGive dull details, use extra sheets if required) 4. What particular act or omissio;-;;_U; part of county .or district officers, servants or employees caused the injury or damage? (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? 6. What $amage or �n�uries do you claim resulted?--ZG�ve dull extent of injuries ox damages claimed. - Attach two estimates for auto damage) 7. Bow was tht amount claimed above computed? Include the stimated amount of any prospective injury or damage.) -- -------------- ............ Names and addresses of witnesses, doctors and hospitals. -- ------.------T-------------------------------T-----T--------T-T---- 3. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." `` Name .and 'Address of Attorney / D o - � Clar ant's Signature 41 • -, 1�., C r .� Telephone No. Telephone Nos:;�/S. ) •� 7_®�/ RRlRt!*RR!!!#!*!!#*R!#!R!*R*!!R!lRRRR*!#RR!!!*!**!*!*RR!*R***#!fR*!R!**!** !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." •� * INCIDENT REPORT CONTRA COSTA COUNTY SHERIFF'S DEPARTMENTi � n INCIDI NT INCIDENT: OSf d o�pr �,. FACILITY: /l. REPORT 4 : �t ��p D ;. LOCATION: 1-�rsr �� ra,0nr�rDATE/TIME DATE/TIME - /�S• OCCURRF,D: I -// REPORTED:_6-;2 � -�L ¢ '�o 0 - HOUSING INMATE: peal yr, h 63% vl d BOOKING #: Z 016,T ASSIGNMENT: A ' yCA Last T First Middle LIST -- Name - Address If an inmate, Dive booking `• Goa �`�'� -fipr 6S" �/ 9y04d' ' ! OX a a ,,// / ld 4 r_/ 7� =.5 Phv/lir De416t � �t✓Lc, �a Nr. /Vi or, ' 0 0 7�4 wr r `'10 S Y•' SYNOI JIS: Gl. dvY NAPPAT !VI 64N S v J t G / 4 5- 7P _ 'ar'f� 6 ✓ W �t owl /V CMJJ e- /./— C-6.-% rats r iSG o o C 161, 1 7y, OL /Q SS PS /I� YM /"ITi mtS. ��y� 1 �,r Ahdle ;.r: i4rt T;1„ [, ,F( (.,'P iJ•a r,.. �''�''�--�II__L/!///Yf/�W —I1 /pL V��`✓^/J_ ,��•O� :t% r��;l ilvll I'...PL0:LE �;i:��'E" . ..� .. ^ ^.� •. .�^CGT„ -,u.2 - rn 1,111 t11 I II ! t:i •.:!k1 i:C'1' .11 ow to Book llrt II"11 :1illi: i1 i!li'!a to Ly :. Gold t!l P.A .S. Pay. One Of • • j f Ilk CONTRA COSTA COUNTY DETENTION FACItITY41 ' PROPERTY RECEIPT',"' REC-NO:' 08341b 06�11/86 DATE: L± A;; Wfc•D . TIME: NEAL LYNN DAVID NAME {L F M}: BOOKING NBR: ,86013206J D09:'` , , •2/t3 /42 ' w�. .VALUABLES CASH: $ $ . 52 J) , JEWELRY: I`4a ¢ DESC: NiIATCFt: N 'DESC: Jw, #ALLET Y ' GROWN NYLON KEYS::.. GLASSES: Y 413LACK SUNTYP.E.•`a`:' : R.•.. FIFE: Y i BROWN HANDLE b'' DTHER: BROWN BELT; MISC PAPER§ AND'"CA ,,` RDS INTAKE BKG OFC INMATE ` . :4 (SIGNATURE) ADMINISTRATION VERIFICATION: YES ❑ NO ❑ PROPERTY BOX ASSIGNED: f RELEASE - J REL OFC: DATE: RECEIVED ALL PROPERTY INMATE i ., • .r:, }/� i', (StGNATURE) ? r: 1 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 November 4, 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: $25, 000. 00 Section 913 and 915.4. Please not all "WARNINGS". CLAIMANT: AURELIO GRANATA County Counsel c/o Lawrence M. Cohen ATTORNEY: Kuvara Law Firm OCT U 7 1986 P.O. Box 150 Date received A ADDRESS: San Rafael , CA 94915 BY DELIVERY TO CLERK ON October J°bg4W, CA 945-03 BY MAIL POSTMARKED: October 2 , 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. October 3, 1986 ppHIL BATCHELOR, Clerk DATED: BY: Deputy 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: d2c-t e/ �Z>�o BY: 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. c W. 446e_"., Dated: NOV 4 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. it 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, overage 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 5 1986 BY: PHIL BATCHELOR by >&/y_"Oeputy Clerk CC: County Counsel County Administrator 1 RUVARA LAW FIRM P.O. BOX 150 RECEIVED 2 SAN RAFAEL, CA 94915 (415) 456-5900 3, Attorneys for Claimant OCT X1986 5 AURELIO GRANATA CLE c ea sup n 0 loy . .. .. .l.. .. .. .... ...eons 6 7 In Re the Claim of CLAIM AGAINST AURELIO GRANATA PUBLIC ENTITY 8 AGAINST PITTSBURG UNIFIED SCHOOL DISTRICT 9 TO: Board of Supervisors 10 11 Claimant, AURELIO GRANTA, 3944 High Gate Way, Pittsburg, 12 CA, presents a claim for damages in the amount of $25,000 .00 , 13 estimated as of the date of presentation of this claim. The 14 following statements are made in reference to this claim: 15 1. Notices concerning this claim should be sent to 16 Lawrence M. Cohen, Ruvara Law Firm, P.O. Box 150 , San Rafael, 17 CA, 94915 . 18 2 . The occurrence giving rise to this claim took place 19 on or about September 10 and September 13 , 1986 at or near the 20 play area for the kindergarten at Highlands Elementary School 21 on Harbor Street in Pittsburg. The circumstances of the 22 occurrence are as follows: 23 On September 10 and September 13 , 1986, claimant 24 was playing in said area when on September_ 10 , 19860, he slipped 25 on sand and hit the temple area of his head on the dome bars 26 located a couple of feet from a nearby curb surrounding the 27 sand. On September 13 , 1986 , claimant was pushed or otherwise 28 caused to fall from a dangerous height. Both accidents were J _ I the result of negligent supervision on the part of the 2' Pittsburg Unified School District and its agents and employees . 3 3 . The names of the public employees causing or 4 contributing to the injuries , damage, and loss for which this 5 claim is made are "unknown" . 6 4 . The injuries, damage, and loss for which this claim 7 is made, so far as now known, consist of: 8 bruises and contusions to left temple; concussion; 9 bump to forehead; cut upper lip; bloody nose; loosened and 10 bleeding teeth and gums 11 5 . The basis of computation for the amount claimed for 12 these injuries , as now known and prospectively estimated, are 13 as follows: 14 Records, bills, and reports are unavailable at 15 Present, but will be presented as soon as they are received. 16 Dated: October 1, 1986 RUVARA LAW FIRM 17 ' 18 By 19 NEAL RUVARA Attorney for Claimant 20 21 22 23 24 25 26 27 28 . 2 . 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 November 4, 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: $200,000. 00 Section' 913 and 915.4. Please not all "4AM Counsel CLAIMANT: WILLIAM DAVIES OCT 07 1986 c/o Robert E. Cartwright, Esq. ATTORNEY: Cartwright, Sucherman & Slobodin, Inc. (Martinez, CA 94553 101 California St . Date received ADDRESS: 26th Floor BY DELIVERY TO CLERK ON September 30 . 1986 CC San Francisco, CA 94111 BY MAIL POSTMARKED: September 26 , 1986 Certified P 017 751 589 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 6, 1986 ��� gHfibILATCELOR, Clerk : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors o6 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: (�=fes c�, /�h�o BY: �c A — Lac L (lrrt�.�j�e�rSty 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 (o 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: N O V 4 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. c Dated: NOV 6 1986 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator r ' CLAIM AGAINST THE COUNTY OF CONTRA COSTA PURSUANT TO GOVERNMENT CODE §910 RECEIVED TO: COUNTY OF CONTRA COSTA ��� i986 P ear CLAIMANT: William Davies CL RKO� F Lc oas c/o Robert E. Cartwright, Esq. sY IPS ty Cartwright, Sucherman & Slobodin, Inc. 101 California Street, 26th Floor San Francisco, CA 94111 (415 ) 433-0440 AMOUNT OF CLAIM: $200, 000 PERSON TO WHOM NOTICES ARE TO BE SENT: Robert E. Cartwright, Esq. Cartwright, Sucherman & Slobodin, Inc. 101 California Street, 26th Floor San Francisco, CA 94111 DATE OF OCCURRENCE: July 7 , 1986 PLACE OF OCCURRENCE: Highway 4 , between Bailey Road and Railroad Avenue, in an unincorporated area of the County of Contra Costa. STATEMENT OF FACTS SUPPORTING THE CLAIM: On or about July 7 , 1986, while claimant William Davies was proceeding northbound on Highway 4 in the number one lane, a vehicle traveling in the same direction attempted to make a lane change, and to avoid a collision, complainant swerved to the right intending to move his vehicle to the shoulder of the road. Due to ongoing road construction in that area, which claimant is informed of and believes was being conducted by the County of Contra Costa, his vehicle struck a ditch or severely depressed area in the shoulder of the roadway, causing said vehicle to flip over. As a result of this, claimant sustained severe injuries and damages. DESCRIPTION OF INJURY: As a result of the above-described accident, claimant sustained severe injuries to his left leg, including multiple fractures. . y NAME OF PUBLIC EMPLOYEE WHO CAUSED THE INJURY: Unknown. ITEMIZATION OF DAMAGES: As a result of the above-described accident, plaintiff has incurred medical expenses in treatment of his injuries, a loss of income, future loss of income, and multiple other miscellaneous expenses, the exact amount of which is unknown at this time. Claimant also claims general damages for his pain and suffering relating to said accident. Dated: September1986 Signed by and on behalf of claimant. i Robert E. Cartwright Received this claim this day of September, 1986. Agency ". 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 November 4, 1966 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 lunount: $586. 32 Section 913 and 915.4. Please not all "WARNINGS". County Counsel CLAIMANT. BONNIE K. YOUNG OCT 0 7 1986 ATTORNEY: Maf(Ine cc Date received A 94553 ADDRESS: 17,79 Mariposa Court BY DELIVERY TO CLERK ON October 1 , 1�9'8b Concord, CA 94521 BY MAIL POSTMARKED: September 30, 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. p g DATED: October 6. 1986 eglL Deputy OR. Clerk L. Hall I1. 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: CS/.t'c F, BY: �c .. c. � � ���� ��Daputy County Counsel II1. 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: N O V 4 ' 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: NOV 5 1986 BY: PHIL BATCHELOR by / ` Deputy Clerk CC: ty unse County Administrator CLFVIM TO ' BOARD OF SUPEFjyySD1RS OF CONTRA COSTA COUNTY Instructions to 'Claimant A. Claims relating to causes of action for death or for injury to person or . to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. ,. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, CA) _ C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by / ) Reserved for Clerk' s filing stamps ) RECEINIED Against the COUNTY OF CONTRA COSTA) DC T 1q 5 or DISTRICT) �KFCHEL°qFill in name) ) eY c` c °A $ ° oisorr� The undersigned claimant hereby makes claim against the County Contra Costa or the above-named District in the sum of $ ,4 6f4 7 and in support of this claim represents as follows: ------------------------------------------- ---------------------------- d 1. When did the amage or injury occur? (Give exact date and hour) ------ ----------------------- --- 2. Where di the damage or injury occur?/) (Include city and county) 'A' L-e-c."-,..1�/ .�y+L+"I,.-.�+,, (�-�a...... �-,-.-.�, awWra- ,-uC/ "+-L.� .�•cG,4Q�S�J?� O ti' lc.i,-c.-�'�c1-�-+.,✓ :x.t �GAS (/jd 3. How KA- e damage or injury occur? (Give full details, use extra sheets if required) ------------------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? �aoy O (over) 5. ' What are the names of county-er, istrict officers, servants, =-= employees causing the damage or injury? -�/t.�s. c't tiv-�-i..t GetZGc.G.�-�-�-''�-'moi G��-�--"1 '�--ti`�.G�`.'�f .,.. T�-,.., ,c-� f-✓�-�,. 6. What damage ftAnjuries do you claim resulted? (Give full extent of injuries or -damages claimed. Attach two estimates for auto damage) �w `� L -� =�.c� s ✓�� ✓ > ————--———7was ——————--—--———————————--——————--——————————--—--—--——————--——. How. was the amount claimed above computed? (Include the estimated amount/hof any prospective injury or damage. ) -�Jw.C�r4`'—-,�i.^�.��_0'�,LyJ( a � i-«e .�.—..- 1- --.- -N—a—m—e—s--a—nd--add—r—e—s—s—e—s--o---w—it—ne--s—s—e—s—,—d—o—c--o—r—s--a—nd—h—o—s—p—i—a---s—.---�—---�--Q--'.—J ---L— � / y7 � ✓ � -------------------------------------------------- --.--L-i---th-e--e-xp--en--d-i-t-u-res you made on account of this accident or injury: DATE ITEM AMOUNT N�g . ************************************************************************** +, Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney �� �' Claimant' s nature Address Telephone No. Telephone No. l""°e- (r 7(< ---7 ************************************************************************** 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 a Iz �pcs i HRM fY � ys_�yF�y k www ,_ MIKE ROSE'S AUTO BODY INC. DBA DA �j ob W1KE YEAR Lq ) eo srY �� MILEAGE COLOR -- 686 .1739- E SERIAL N0. LICENSE NO. 2001 FREMONT ST.CONCORD,CALIF.94520 INSURANCE COMPANY INSURANCE DEDUCTIBLE A COMPLETE QUALITY PAINTING&REPAIRING SERVICE TOWING- FRAME STRAIGHTENING-EXPERT COLOR MATCHING .� ADJUSTER PHONE NAME HOME PHONE�(j--Op[gl, WORK PHON 2A 0c. REPAIR REPLACE ESTIMATE OF REPAIR'COSTS PAINT BODY PARTS SUBLE- a a i Oy i E .. f I TOTALrj REMARKS: HRS.LABOR® t Per Hr. $ PARTS ,t "7T� 1 PAINT MATERIALS S SUBLET-PARTS $ SUBLET-LABOR S STORAGEITOW i SALES TAX t THIS ESTIMATE IS BASED ON OUR INSPECTION AND DOES NOT COVER ADDITIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER THE WORK HAS BEEN STARTED.AFTER THE WORK HAS BEEN rT STARTED,WORN OR DAMAGED PARTS WHICH ARE NOT EVIDENT ON FIRST INSPECTION MAY BE GRAND TOTAL.S n.ern..eoen .•rnou.v rwc ecnu•x r.....m rn..ce encu�nur...n c.. me e.ere ee.ncc Estimate. .Report NAMEGATE r . .BUS.PHONE v ,,.<•, :,:,` + ' _L:- �I ADDRESS GiY STATE •r r ZIP VNONF REBS e e:1 YEAR,c <�/ ( _ " _.M is tr ' �zc* i'.i r aa.`„ G x- r2r"�'c n+{' ;a V�-J •./`� �V 1 V MODES I D NO :,i '" Fr •t ,carr „ X�J Y i � , r l .T .. < < V / PAINT CODE PROD DATE2— TRIM MREAGE i r LICENSE NOS Y i _ _ WRirrEN BY e13 CO FILE NO ° _ CLAIM NO PO NO ADJUSTER •- ... ;• -_ 'lIC NO. ... .`. . .,�. -' . . . ':PHONE '___ DeauClroro/Blnermem" . . . . _ ,. Ngo pu, ppw �iw - - '•`.DESCRIPTION OF DAMAGE i PARTS ..LABOR PAINT ;`SUBLET s r tl 2. 7 5 7 - ,0 12 - .. .. • 1� 14 15 .. . . •! _ .. . . 3 16 ... 'i 17 - - 19 TOTALS 1 , I Mraey av"Orin B1a ab"vork ad rneewlaape mow o1 cavy aipese X. i 1 V .. PARTSroi�grgics,�n /_��_ R : � . . LAB ra.®= Z r &TOb Boy �f &wPAN p Su iea _- r PanlSupplee ��_ .. Taw rape _ _ SuONUMisceNaneout _ 1909 L Arnold ZS7IIlNTL CALL Industrial Ally MARK CUSACK SUBTOTAL $ Concord 1.Jr<.l�-1J�JZ Ooncr TAX o , TOTAL ESTIMATE _ . I -f- I CLAIM /Z1 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA t Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT November1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your no/ fce of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $2, 903. 00 Section 913 and 915.4. Please not a1b6r� +r-rol nSel CLAIMANT: DAVID LOWE OCT 0 7 1986 P. O. Box 2936 ATTORNEY: Fairfield, CA 94533 Martinez, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON October 3, 1986 hand del . 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. October 3 , 1986 ppHIL BATCHELOR, Clerk DATED: BY: Deputy G� 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: CL%C �i l �/3'lc� BY: rl '� '� / �'�J puty 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 ( 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: N OV 4 196 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: NOV 5 1986 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CL >IM,.- TO:, BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY �N Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims -relating to any other cause of action must be presented not later than one year after the accrual of the cause of 'action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. (P.O. Box 911) 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 Clea t ps DAVID LOWE ) VRECEIVED Against the COUNTY OF CONTRA COSTA; or N/A DISTRICT) a SE„`o Rs Fill in name) ) °L o° T PS BY . ./... .. .. GpUly The undersigned claimant hereby makes claim ag i.nst the County of Contra Costa or the above-named District in the sum of $ 2, 903. 00 and in support of this claim represents as follows: --------------------------------------------------=--------------------- 1. When did the damage or injury occur? (Give exact date and hour) June 27 , 1986 between 2: 30 pm and 3 : 00 pm. County ' s employees have the exact hour of occurrence. ----Wh-r-e-did th-e- d-a-m-a-ge---o-r--i-n-j-u-r-y--o-c-c-u-r-?---( -n-c-l-u-de---c-i-t-y--an-d--c-o-u-n--ty--) ---- In front of County Administration Building, 651 Pine Street, Martinez, Contra Costa County, CA 94553. ------------------------------------------ -------- -------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) I tripped over a concrete bicycle ground rack and struck my head and face on the concrete border and my knees on the ground -------------------------------------------- --------------------- 4 . What particular act or omission on" the part of county or district officers , servants or employees caused the injury or damage? Design defect and negligence in placement of a hazard which was a trap to even the most alert person doing business with the county. (over) 5. AI it are the names of county or district officers, servants or employees causing the damage or injury? They are unknown to me, but known to the County, which has now removed the hazard. ----------------------------------------------------- ------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Broken glasses; brief unconsciousness; cut nose and lips ; scraped and bruised knee; sore gums and teeth. 7--. H-----ow, -w-was-----the--------amount--------claimed-----above-----computed?---------------(Includeth-----e-est----imated-------- amount of any prospective injury or damage. ) $5 Kaiser visit; $98 for new glasses ; approx. 18 hours loss of work from June 27 to July 11 @ $100/hour; and $1 , 000 for pain, suffering, and embarrassment. Total $2 , 903 . 00 damages. 8. Names and addresses of witnesses, doctors and hospitals. � �� County paramedics , known to County ; Kaiser Permanente in Martinez ; Bill liamilton, County Personnel ( 415) 372 4145 ; and Steve Clark ( 415 ) 422 6485. ------------------------------------------------------------------------- 9. List the . expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 6/27 Kaiser Emergency visit $ 5. 00 6/30 Willard Cleaners (jacket) $ 5. 00 7/11 Michael Carney O.D. $ 98. 00 Govt. Code Sec. 910.2 provides : Claimant "The claim signed by the claimant SEND, NOTICES TO: 4AUt6 tK9 J or by some per4on on his behalf. " Name =and Address of Attorney - Not applicable; while claimant Claimant s Signatu e P . is a,.lawyer, no attorney has .OBox 29 yet been retained. Address Fairfield, CA 94533 Telephone No. Telephone No. ( 707 ) 422 1844 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill , account, voucher, or writing, is guilty of a felony. " CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT November 4, 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: $110. 00 Section 913 and 915.4. Please not all "WARNINGS". County Counsel CLAIMANT: JETHRO WALTER MILLER Or,T 111986 ATTORNEY: Date received October 6 Nio14i6ez, CA 945i- ADDRESS: 611 16th Street #D BY DELIVERY TO CLERK ON Richmond, CA 94801 BY MAIL POSTMARKED: October 3 ; 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL ATCHtELOR, Clerk Q / DATED: October B . 1986 �b: Bepu y S v 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: �,G� /J�, // Slo B uty 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: N O V 4 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: BY:1986 ` 17 D BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COR_-*rFARYapoicationto: Instructions to ClaimantC!erk of the Board .O.Box 911 Martinez,Califomia 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100Th day after the accrual of the cause of action. 'Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.21 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 Distript -should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty Por fraudulent claims, Penal Code Sec. '72 at end of ,this form. RE: Claim by )Reserved for Clerk's g stamps R.ECEIVED Against the COUNTY OF CONTRA COSTA) NT 06 ) or DISTRICT) a Tis PR (Fillin name ) c c DW* The undersigned claimant hereby makes claim agai e� u� of Contra Costa or the above-named District in the sum of and in support of this claim represents as follows:: ------------------------ -------------- --------=-------------- ---- 17When did the damage or injury occur? (Give exact date and hour] -W -rdid u;°damage -or- inajuarylaccur, ? --------------------------- (Include city and county) 3. How die d d damage or U3ury occu Give Lull etas s, use extra sheets if required) Akpy `�,✓,✓is 5,�,fs ���,so ,rs 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) 5'. `wnat 'are the names of county or district officers, servants or ` employees causing the damage or injury? AM What, amage or injuries do y u cla3T- AU ; ? ZGve-dull extent . of injuries of damages claimed. - Attach two estimates for auto damage) -------------- ------------Ro-w-w-a-s--t-h-e-am-ount-c---m—d--a-bove computed? (Include- h--e—s--m-a-- --- amount of any prospective injury lbr damage.) ............... B. Names and addresses of witnesses, doctors and hospitals �. List the ex enditures ou made on account of this accident or 1n ur . DATE ITEM AMOUNT Rift#it###*itt##ii#iitltiRtii*tRttlii**i#i*it!!!!!*!*R*!t*ttR!!!t!RlRR!*R* Govt. Code Sec. 910.2 provides: - "The claim signed by the claimant SEND NOTICES T0: (Attorne ) or by some verson on his behalf." Name and Address of Attorney Cl Claimant's Signature o D Address Telephone No. Telephone No. 3 ft!!!RR#R*#ltltR#!RlttRiiRRililR!litR#R!!ii#itt*tR!*RR!!!*R!R!t!R*tliR!*!# 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, town4 city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony." CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County. or District governed by) BOARD ACTION the Board of 'Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT November 4, 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: $25 , 000. 00 Section 913 and 915.4. Please not all "WARNINGS". County Counsel CLAIMANT: ANALICIA KELLY MARTIN c/o Eugene M. Hannon OCT 111986 1986 ATTORNEY: Attorney At Law e� � 4 55J1 1934 Contra Costa Blvd. Date received ft tr+tnn_, CA 71a ADDRESS: Pleasant Hill, CA 94523 BY DELIVERY TO CLERK ON October 8 , 1986 BY MAIL POSTMARKED: October 7 , 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, PpHHIL BATCHELOR, Clerk J1/ DATED: October 13 , 1986 8Y: 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: �J�, /d BY: puty 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). 1V. 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: NOV 4 1986 PHIL BATCHELOR, Clerk, By Q y 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 1 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. 1986 Dated: �I OV 'S BY: PHIL BATCHELOR by i Deputy Clerk ` CC: County Counsel County Administrator I RECEIVED NOTICE OF CLAIM NI 1 � f�E� C EA Aqe T suv q COHT�TA . TO : BOARD OF SUPERVISORS , CONTRA COSTA COUNTY er ANALICIA KELLY MARTIN hereby makes claim against Contra Costa County for a sum in excess of $25, 000. 00, and makes the following statements in support of the claim : 1 . Claimant' s post office address is Route 1 , Box 155E, Brentwood, California 94513. 2 . Notices concerning the claim should be sent to EUGENE M . HANNON , Attorney at Law, 1934 Contra Costa Boulevard, Pleasant Hill , California 94523. 3. The date and place of the automobile accident giving rise to this claim are Highway 4, five miles West of "L" Street Exit on July 17, 1986. 4. The circumstances giving rise to this claim are as follows : At the above time and place, claimant was driving eastbound on Highway 4 when a Tri-Delta bus, believed to be owned by Contra Costa County , lost one of its rear wheels, causing a collision and damage to the vehicle driven by claimant. 5. Claimant' s injuries, as presently known, are : ( a ) Injured knee ; ( b ) Injured neck ; ( c ) Injured back ; and ( d ) Other injuries unknown at this time. 6. The names of the public employees causing the claimant' s injuries are unkown. 7. My claim as of the date of this claim is in excess of $25, 000. UU. 8. The basis of computation of the above amount is as follows : Medical Expenses Incurred to Date : Total not yet ascertained Estimated Future Medical Expenses : Total unknown Loss of Wages : Total unknown General Damages : In excess of $25, 000. 00 Total In excess of $25 , UUO. OU Dated : October V 1986 EU . HANN"ON Attorney at Law, On Behalf of Claimant ANALICIA KELLY MARTIN -2- I PROOF OF SERVICE BY MAIL 2 I declare that: 3 I am employed and reside in the County of Contra Costa t 4 California. I am over the age of eighteen years and not a party 5 of the within entitled cause; my business address is 1934 Contra 6 Costa Boulevard, Pleasant Hill, California. 7 On October , 1986, I served NOTICE OF CLAIM 8 on the public entities named below by placing the original thereof 9 enclosed in a sealed envelope with postage thereon fully prepaid 10 in the United States mail at Pleasant Hill, California, addressed 11 as follows: 12 13 Board of Supervisors City Clerk County of Contra Costa City of Brentwood 14 651 Pine Street 708 3rd Street Martinez, CA 94553 Brentwood, CA 94513 15 City Clerk, City of Pittsburg Laidlaw Transit 1.6 2020 Railroad Avenue 1501 B Loveridge Rd. Pittsburg, CA 94565 Pittsburg, CA 94565 17 City Clerk, City of Antioch Dial-A-Ride 18 City Hall 1501 Loveridge Road 3d & H Streets Pittsburg, CA 94565 19 Antioch, Ca 94509 20 Tri-Delta Transit 2400 Sycamore Dr. , Suite 31 21 Antioch, CA 94509 22 I declare under penalty of perjury under the laws of 23 the State of California that the foregoing is true and correct, 24 and that this declaration was executed on October , 19861 25 at Pleasant Hill, California. 26 . 27 CAROL ZUGN 28 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 November 4, 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: $100,839 . 24 Section 913 and 915.4. Please not all "WARNINGS". Count, Counsel CLAIMANT: Y-ATHLEE14 SHERBUR E c/o Michael B. Nishiyama OCT 11-1986 ATTORNEY: Ruocco & Saucedo ADDRESS: 190 Park Center Plaza Suite 210 BYLDELIVERYeTO CLERK ON October 9, 98.6 �i�ct` San Jose, CA 95113 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. ppHHIL BATCHELOR, Clerk "z;tz�_ DATED: October 13 , 1986 BY: 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: ivC-t 98'4'o 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. NOV 4 1986 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. NOV 5 1986 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator t - 1 p��. 2 KATHLEEN SHERBURNE, j P9 rS�$ 3 Claimant, ) 4 > CLAIM FOR DAMAGES 5 vs. ) 6 CITY OF CONCORD; COUNTY OF ) CONTRA COSTA, ) 7 > 8 TO: CITY CLERK 9 CITY OF PLEASANT HILL 330 North Main Street 10 PLEASANT HILL, CA 95615' / 11 BOARD OF SUPERVISORS v COUNTY OF CONTRA COSTA 12 651 PINE STREET, RM. 106 MARTINEZ, CA 94553 13 YOU ARE HEREBY NOTIFIED that KATHLEEN SHERBURNE, whose address is 26 14 West Drive, Bedford, New Hampshire 03102, by and through her attorneys of record, 15 RUOCCO & SAUCEDO, 190 Park Center Plaza, Suite 210, San Jose, California 95113, 16 claims damages from the CITY OF PLEASANT HILL and the COUNTY OF CONTRA 17 COSTA, in the amount, computed as of the date of this claim, of ONE HUNDRED 18 THOUSAND EIGHT HUNDRED THIRTY-NINE AND 24/100 DOLLARS ($100,839.24). 19 This claim is based upon the severe personal injuries suffered by the claimant 20 on July 8, 1986, when she tripped and fell on a raised and uneven portion of the 21 concrete sidewalk adjacent to Willow Pass Road, in the City of Pleasant Hill, County 22 of Contra Costa, State of California. At the time of the accident, the claimant was 23 in the process of walking from 100 Ellinwood Drive, Pleasant Hill, California to the 24 Benihana Restaurant in the Willow Shopping Center. The accident occurred on Willow 25 Pass Road near its intersection with Contra Costa Boulevard and adjacent to a chain 26 link fence bordering the Sun Valley Shopping Mall. 27 28 - 1 - i 1 Medical Expenses Incurred to Date $ 839.24 2 Estimated Future Medical Expenses Unknown at this time. 3 General Damages $100,000.00 4 5 All notices or other communications with regard to this claim should be sent to 6 the claimant's attorney of record, RUOCCO & SAUCEDO, 190 Park Center Plaza, 7 Suite 210, San Jose, California 95113. 8 KATHLEEN SHERBURNE, Claimant 9 10 RUOCCO & SAUCEDO 11 12 By.101 . , MICHAEL B. NISHI A A 13 Attorneys for Claimant 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 2 - r./Z r. 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 November 4, 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 4 (Paragraph IV below). niven pursuant to GIM E°8�nseI Amount: $100, 839. 24 Section 913 and 915.4. Please not all "W 'J ` / OCT 11- 1986 i CLAIMANT: KATHLEEN SHERBURNE 'tr c/o Michael B. Nishiyama Martinez, CA 945553) ATTORNEY: Ruocco & Saucedo 190 Park Center Plaza Date received ADDRESS: Suite 210 BY DELIVERY TO CLERK ON October 9, 1986 hand del . San Jose, CA 95113 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. /f epHHIL BATCHELOR, Clerk � CJ DATED: October 13 , 1986 BY: 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: /5 / O �o BY: t-c� �,�4AA-40aputy 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 (;[I 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: NOV 4 1986 PHIL BATCHELOR, Clerk, By ZDeputy 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 5 1986 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 2 KATHLEEN SHERBURNE, ) 3 Claimant, ) 4 ) CLAIM FOR DAMAGES 5 vs. ) 6 CITY OF CONCORD; COUNTY OF ) CONTRA COSTA, ) 7 8 TO: CITY CLERK 9 CITY OF CONCORD �er CIVIC CENTER i � 10 1950 PARKSIDE CONCORD, CA 94519 ey ct[ Air9ceq F APC i As BOARD OF SUPERVISORS aouy 12 COUNTY OF CONTRA COSTA 651 PINE STREET, RM. 106 13 MARTINEZ, CA 94553 14 YOU ARE HEREBY NOTIFIED that KATHLEEN SHERBURNE, whose address is 26 15 West Drive, Bedford, New Hampshire 03102, by and through her attorneys of record, 16 RUOCCO & SAUCEDO, 190 Park Center Plaza, Suite 210, San Jose, California 95113, 17 claims damages from the CITY OF CONCORD and the COUNTY OF CONTRA COSTA, 18 in the amount, computed as of the date of this claim, of ONE HUNDRED THOUSAND 19 EIGHT HUNDRED THIRTY-NINE AND 24/100 DOLLARS ($100,839.24). 20 This claim is based upon the severe personal injuries suffered by the claimant 21 on July 8, 1986, when she tripped and fell on a raised and uneven portion of the 22 concrete sidewalk adjacent to Willow Pass Road, in the City of Concord, County of 23 Contra Costa, State of California. At the time of the accident, the claimant was in 24 the process of walking from 100 Ellinwood Drive, Pleasant Hill, California to the 25 Benihana Restaurant in the Willow Shopping Center. The accident occurred. on Willow 26 Pass Road near its intersection with Contra Costa Boulevard and adjacent to a chain 27 link fence bordering the Sun Valley Shopping Mall. 28 - 1 - 1 Medical Expenses Incurred to Date $ 839.24 2 Estimated Future Medical Expenses Unknown at this time. 3 General Damages $100,000.00 4 5 All notices or other communications with regard to this claim should be sent to 6 the claimant's attorney of record, RUOCCO & SAUCEDO, 190 Park Center Plaza, 7 Suite 210, San Jose, California 95113. 8 KATHLEEN SHERBURNE, Claimant 9 10 RUOCCO & SAUCEDO 11 12 By.,� 1det /�lcZJ MICHAEL B. NISHIY A 13 Attorneys for ClaimaWt 14 15 16 17 18 19 20 21 22 23 24 25 26 27 , 28 - 2 - 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 November �} 1181 and Board Action. All Section references are to ) The copy of this document mailed to you is your noii'ce o 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 not all "WARNINGS". CLAIMANT: TIFFA14Y DAWN PHILLIPS County Counsel c/o Lowell E. Richards ATTORNEY: Suskind and Richards OCT 11' 1986 1934 Contra Costa Blvd. Date received ADDRESS: Pleasant Hill, CA 94523 BY DELIVERY TO CLERK ON Octorti9Yz,19�(r"`��55 '� BY MAIL POSTMARKED: no postmark I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk .4-G� DATED: October 13, 1986 BY: Deputy ////////1111 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). r ( ) Other: Dated: olr- & 1(o g?Ao BY: 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. 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: N O V 4 1986 PHIL BATCHELOR, Clerk, By. kwe6z& 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. Ve&e42_,1"" Dated: NOV 5 1986 gY: PHIL BATCHELOR byDeputy 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 October 8, 1986 RECEIVED OCT 198E Board of Supervisors C1� G 41L n Contra Costa County °R8 651 Pine Street By .. Martinez, CA 94553 Re : Tiffany Dawn Phillips, Medical Malpractice at County Hospital on or about July 9, 1986 Dear Sirs : This is to inform you of a claim for damages made by Tiffany Dawn Phillips . This claim involves medical malpractice at the County Hospital in Martinez in July, when Tiffany Dawn Phillips was born to Cheryle Ann Arendt. The child, Tiffany Dawn Phillips, was born with a dilated and enlarged kidney, following a period of malpractice and negligence by doctors and staff at County Hospital . The specifics of the claim are as follows : 1 . The claimant is Tiffany Dawn Phipllips, 43 Beach Drive , Pittsburg , California 94565. 2. Notices regarding this claim should be sent to LOWELL E . RICHARDS , SUSKIND AND RICHARDS , 1934 Contra Costa Boulevard, Pleasant Hill , California 94523. 3 . This claim rose out of the maternity care, treatment, and delivery in County Hospital , resulting in the birth of Tiffany Dawn Phillips on July 9, 1986 . Prior to the delivery , Cheryle Arendt was subjected to abusive, negligent, and insensitive care of Dr. Dan Gleffe. When it became clear that liver problems were developing in the fetus , Dr. Gleffe and the other staff neglected to take the proper steps to protect the fetus. A pain filled, negligently managed pregnancy was terminated when Dr. Gleffe induced labor and delivered Tiffany Dawn Phillips. Tiffany suffers from a dilated and enlarged kidney, a condition that could have been avoided and may stay with her for life. a Board of Supervisors -2- October 8, 1986 4. The injuries to Tiffany include, but are not limited to; severe damage to the kidney, emotional distress, and permanent physical damage the extent of which are not known at this time. 5. The names of the employees are not all known at this time, but include Dr. Dan Gleffe, an employee of County Hospital . 6. Tiffany Dawn Phillips claims $300 , 000. OU in damages, insofar as is known at this time . This is based on medical costs to date of approximately $5 , 000. 00, other costs which are ongoing , general damages for pain and suffering and mental anguish, and possible punitive damages for gross negligence. I look forward to your response at an early date. Veryly yours, _� � LOWELL E . RICHARDS z cc : Cheryle Arendt 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 November 1986 and Board Action. All Section references are to ) The copy of this document mailed to you is your notii ce of ;alifornia Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV bnlnw), oiwon pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please not all "wARNJWy•CoL!ns01 CLAIMANT: WARREN E. SINCLAIR OCT 11. 1966 ATTORNEY: ( mane', CA 94555 Date received ADDRESS: 1536 Stanley Dollar Dr. #2A BY DELIVERY TO CLERK ON October 9 , 1986 Walnut Creek, CA 94595 BY MAIL POSTMARKED: October 8 , 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. October 13, 1986 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy L: Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors W 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: &_;t7 /6J BY:��-�-/c.� 2 • t- C Z-C4ot*<,eDoputy 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: N OV 4 7986 PHIL BATCHELOR, Clerk, By e - 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 1 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.5 1986 BY: PHIL BATCHELOR by r Deputy Clerk CC: County Counsel County Administrator �CLAin ;TO•: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims. relating to any other cause of action must be presented not later than one year after the accrual of the cause , of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors / at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, CA) C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public 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 stamps AII)POW^' E. C-S-I. �")-'Z ) RECEIVED WWcti'u; cZeaz=4 , /--;9 OCT 1986 Against the COUNTY OF CONTRA COSTA) ' BAT ELOR or DISTRICT) Cl oN o s v oRS Fill in name) ) er •• �••• ••• The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ B92 and in support of this claim represents as follows: -----Wh---------- d---------------------------- ----------------------- --- l. en did the amage or injury occur? (Give exact date and hour, AU 6415 i Z a /9�4 9; q& AIX , "---T'------'r------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) 4N Oc Yi)7Pic B41/0 J ./ &Z.c -5.W, of AaLt VN Zwe , fN BRIDGE, Jusr 0UrsinE Ot- W/QLNUT MEEK Ciry 41m,,r5 . Cv"rl2l� Cosm e25u.ury -------------------------------------------------------- 3. How did the damage or injury occur. (Give full details, use extra sheets if required) ------------------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Li9c'K Or �izoPG�L GCLi9+�/•U/> /�r7G'L T2EC • ?IL�7/l�i.VG' (over) r 5. What' arp .the names of county or district officers, servants:'.6urvr" I employees causing the damage or injury? 1 A10 KAQ vi A/ - -- - -- --------------------=------------- ------------------- 6-.--Wh-at-da-mage-----or--injuries do you claim resulted? (Give full extent of injuries or damages claimed. " Attach two estimates for auto damage) DA/99G6 75 /`/00101 ye190CFA P/9/✓C°C- 4 SEueJ217L P/r--'cc.s 0,4' 7'4zim : grzvrcc:.0 W1A/osH1cFc-P ------------------------------------------------------------------------ 7. How was the amount claimed above computed? (include the estimated amount of any prospective injury or damage. ) , Pet R�/�crt�� LSrAra/tTC'S (Lc�S.Sc K or 7Mt TWO) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. ------------------------------------------------------------------------- 9.r "List the -expenditures you made on account of this accident or injury: DATE ITEM AMOUNT jN0i2K0/Yl/�G�n� - �5T az) i Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or,by some er n on his behalf. " Name and Address of Attorney Claim nt' s Signature 1)OLLAl2 Z� Address kkAW C, Telephone No. Telephone No.(///S J 933 339 ' ************************************************************************** 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. " /`�/73c/t/rC�1i 7a �• /7oW D/v 77-t6 Pl?lnHCC 02 /1VJ4f2Y OC 4,2 ? - __1 hhsl1 02/VIA14' /N� i . av G. Qym/�1 c 2wv, SC<OA-(7�i i1v,t( Y lR t-nl u T C.2 EC,r Wtf c n/ R Pv271 vAO' or og - FL c[_ FIZDM /9 /Z�.cCAj7Z•Y 7P/MMLa) 77Lcgi2 , .'r2/,C1NC 7N 1*OC)9, Qf=' M)" CHd • //lc MC-4 CO/JJPLC-�LY 0 )C_AJf/?NGJ 7Mn j'o/)-vWd)1 __-. / Tc 6'jZ//NGH /S OJG-2 LONlr Uv TD f 31 " /V 1J/// • / _ _. . .. WI/�/4i7s FOc/i� Pcc/,uOS � Auto /s c1?c'EN,. NoT l�C=�OWODv •_.. .. 2• YRRIvuS P.I UNE/> Cc/moi>iti'Cs WC-ie-(.5 /,y LU/JL-W« /940A>4 271"4: _ rZO&dD /?Y 6w oe?S 4-UiOc�Ivlcc , oevl ous ,O/Zu tovgf 19N0 77Yc' L[ flrS 77Y�lIG aN, _._� AcrNOc/crf SD.iJEGYNrJr ,l72/cU Opti/ /file .f-i��c �aiZ�C�-c/ ._ _-- -. 3. /yO A/62/9P&r HIFUE 434FC,V 7,09e-CW OX- T/fc AdVUE 172/!1 S , 144"o� RN H�Cp v/f'/NT/�NCF Oi35r/IUc� T/fc= VA/ /9uc (- Ta FUI2772612 s411�r�.vn0rZt:- MV O,1"/ GcT 3 /984 , /1a1017rC, Bi219ACH ods FICL)e2 77re ,(3/z/L2C/.19P,;/t2CNrL HHu/iv4 _. ._ - ---- _ IZC--cCyt,1tY Fi9,L4c u Flom 77re T/LCC �i�d/aCi2rtvrlcY,_. -- - _ .__. ©N I � ----- - -- - --------est-- �-- -Fcv�SC�__�%�sG ---- r . ----- ---•-------�'--- WivvsHr�co ,e�Pv3uz-�__11�4Ns. �'oN1r_z2.�vsrA _6c�sS---7"?�/B.C-- ----� ��G'/L-------- i i 7V 7 i 1 .�wr.T-r Tw --.:.,i..�..���--t .....q..nrwr.-w-.aY. -..._r .. -v.Tw+e...RDS•..•-.S. r• .wi.� .. .-.. .. .. «-y- -.. r -...� .. a - ,' e5r, 91 - ESTIMATE OF REPAIRS ANDERSON OLDSMOBILE-GMC 2100 N. Main Street — P.O. Box 5530 Telephone 937-5060 TRUCKS OIOSMp9nf WALNUT CREEK, CALIFORNIA 94596 R.O. NO. / . , SHEET N0. OF NAME w /� DATE Z6 &G PHONE ADDRESS IS 3 Co x�J/b—L-�s � ALAI � Z/� 4!�L� PHONE INSURED BYADJUSTER PHONE `/ YEAR/UV MAKEnn ,���//"" y�MODEL COLOR LIC. NO.11_1f2 SKr BODY PROD DATE COLOR TRIM MLDG. NO. MILEAGE SERIAL NO. PART PARTS NECESSARY AND ESTIMATEOF LABOR.REQUIRED SUBLET LABOR COST PARTS COST NUMBER ESTIMATE ESTIMATE D / 70 AjS' Q 1.24.9 di C; r1cc) r 6912 o D u3 77-rC 87, 0 7-0 r6 y f �A� = SUa mon 2 Ls /9u;amk p c - Accows _ 7 I c r O 1 l:. THE ABOVE IS AN ESTIMATE BASED ON OUR INSPECTION AND DOES NOTANY ADDITIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER THE WORK HAS BEEN LABOR HRS. lfAT wcJ OPENED UP OCCASIONALLY AFTER THE WORK HAS STARTED DAMAGED OR BROKEN PARTS ARE DISCOVERED WHICH ARE NOT EVIDENT ON THE FIRST INSPECTION. PARTS IS LESS 7 PARTS PRICES R C'i IFCI TO I \;' I ALL WORK CASH UNLESS 01 HER ARRANGEMENTS MADE IN ADVANCE. SUBLET YOU ARE HEREBY AUTHORIZED TO MAKE THE ABOVE SPECIFIED REPAIRS. TAX 2 SIGNED DATE TOWING 1310324 NORICK OKLAHOMA CITY TOTAL I i I .a 7. 7.7- - -- '--- --- - - - ---- - - --- -- - --- --- - -------- - 2.$31 Amerlan ' 1851 Galindo Street P O Boz 5398 4 Motors Phone 685-4481 DIi15YD8IlF Jeep CONCORD,CALIFORNIA 94524 . ESTIMATE OF REPAIRS '.AS'LISTED FOR LABOR AND-MATERIALS-VERBAL AGREEMENTS NOT BINDING-ESTIMATES FREE,:`;, - 1 nerDD `e Date . . dxress /rW � �d ' Phone BY ,. Serial 16rV 3, b O1!* - .Insurance Co. Adl. No. --' License .Address Phone Number Year Make Model �\. �. - - - Mileage `No. . . _ rim a , : f>, . �t'-QUAN DESCRIPTION OF LABOR OR MATERAL -, " ', -PARTS "`LABOR "SUBLET ',: - ,. L '.- - r .�...:: '_" _ .. . «. .r .•r c:.; , ., �:..f.++. .rte' <•.. iy a y . p: 3 IO 41 ya cap-, eo4e _ PARTS PRICES BASED ON STANDARD CATALOGUE PROCUREMENT PRICE LISTS SUBJECT-TO CHANGE WITHOUT NOTICE. .�. �� PROCUREMENT AND DELIVERY CHARGES MAY BE ADDED FOR SPECIAL SERVICE ON ITEMS NOT AVAILABLE LOCALLY: v Old parts removed from cars will be juriked unless otherwise instructed in writing.. - TOTAL LABOP/i�y r */10 The above is on an estimate based on our irispeopon end does not cover additional parts or labor which may be required after the work has been opened up.Occasionally after work has started worn parts are discovered which are not evident on first inspection:Because -PARTS• 7 U - of this the above prices are not guaranteed.• - . - ,:,, PAINT MATERIALS .. / G G .- i A-Align N-New OH-Overhaul S-Straighten or Repair EX-Exchange RC-Rechrome 1.1—Used'...'. - . . • . .� .. - , TAX REMARKS:- PAID OUT TOW aSTORAGE SUBLET - .. �_ TOTAL _ .q.; '"� �•`"'`va..._s � �� 'a� is '.6�.,1•��+le'�n�c+i�uY'w'+P�'L'4�•-• 4Z�.fw4?�1'�j(F.t��,F:��Bayf�,Siitr s�Mq+'._ .t�c+a+r'�0.�•�'ff i �•'.�'��'f "'*_- ^y' DAN'S .CONTRA .COSTA GLASS 10503 MOBILE GLASS SER VICE ` Specializing ina4uto Glass r �.' Residential& Commercial Y M '+ J + _. 1140 ERICKSON ROAD r CONCORD, CA 94520 i (415) 827-4173 :L NAME ADDRESS ( �: �]'•._ / "" F.O.B. INVOICE NO SOLD BY .O C.O.D. , J r ,B,EIIARGE P CITY{ `iy )'/I'�r'I..U, °1 � ^1 [� .. �./�• .7!� t < - - - CUSTOMS ORDER NO.' POLICY NUMBER ' INSURANCE AGENT PHONE .2 i J YEAR 8IMISE TYPE BMODEL SERIAL NO, l"p ' p�` f SPEEDOMETER NO. LICENCE NO L{ DATE PROMISED TIME A HORIZED BY + 'FURNISH FURNISH LABOR f r { ' 8INSTALL. ONLY ONLY ,✓ i :'�' j QUANTITY PART OR SIZE NO. DESCRIPTION , LABOR i .u". / /j 7 1. ' \ I; .+, ' /< 5C ,4�...�� 1.�./ _ � Vtea. 4. Sl i' J I SALVAGE ESTIMATE$ �� TOTAL y ,. >r,r,/i? PARTS TOTAL DELIVER TO / } ❑WILL CALL LABOR. °7T ;JOB NAME ° / ��'r °, < ✓.., ; '. .v. O DELIVERYTAX ' ADDRESS MAP# - TOTAL - iB ,CITY �.-!.14.1.. .<_� ..L f. .�:_a' , ( � �: DEDUCT-Ar . 1...►. ......HOME PHONE( ) ✓ i_"l / . f� WORK PHONE O TOTAL R27' DAN'S CONTRA COSTA GLASS 10529 + s . MOBILE GLASS SERVICE Specialitiv?{n AutofG1ass 4 E r —` .. Retidentia!& Commercial ` 1140 ERICKSON ROAD CONCORD, CA 94520 , r (415) 827-4173 ✓ DATE w', ,•.f .. :ADDRESS ��''�' I. ' T" 1(_ I �, F.O.B. INVOICE NO. SOLD BY .. '❑C.O.D. CLCHARGE CITY t i !'1 l CZ + a I J ..;' . CUSTOMERS ORDER NO. -POLICY NUMBER '.INSURANCE AGENT PHONE( ... ) . ` /.ff YEAR 6 MAKE TYPE 6 MODEL SERIAL NO. SPEEDOMETER NO. LICENCE NO FURNISH FURNISH LABOR DATE PROMISED TIME j A M� AUTHORIZE BY 81NSTALL ONLY ONLY � �/ ✓,- ' •' QUANTITY PART OR SIZE //NO. ) DESCRIPTIO N LABOR V n d - w Y 4 SALVAGE ESTIMATE$ '' / • TOTAL f PARTS 4 DELIVER TO ❑WILL CALL LABOR , JOB NAME '/-i�r�l ' r% ; 's1 •, ' t-c .rte 0DELIVERY ` 7 TAX .�' ? ADDRESS 7� V MAP# TOTnL � .'CITY .���.. HOME PHONE( ", �/ WORK PHONE(" ) ' I tt&"H�c�uKi.•-e;rcJ«u "r""rC< ' ' t" R�. .; ^ r •`,•r;�-•�'•o-�' '' .. Y� .• ' , A 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 November 4, 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 1V below), given pursuant to Government Code Amount: $15 , 000. 00 Section 913 and 915.4. Please not all "WAtt NFty CoLnsei CLAIMANT: NOPEAN GRANT OCT 111986 c/o Maryanne Britten ATTORNEY: Law Office Martine., CA 94553 1320 Willow Pass Road Date received ADDRESS: Suite 400 BY DELIVERY TO CLERK ON October 6 , 1986 Concord, CA 94520 BY MAIL POSTMARKED: October 3 , 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �bIL BATCHELOR, Clerk DATED: October 13 . 1986 : Deputy L. Hall 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: h / BY:-6, _/4 -��Deputy County Counsel I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. 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. NOV 4 1986 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 1 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 6 1986 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator r'LAIM TO: BOARD OF SUPERVISORS OF CONTRA COP r RXappiicationto: Instructions to ClaimantC!erkottheBoard , 1 f cS/P,., Q Mrt!nez,Calitomia94553 -A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not ' later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the -cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end or this form. RE: Claim by )Reserved for Clerk's filing stamps NORMAN GRANT ) ) ]RECEIVJEDAgainst the COUNTY OF CONTRA COSTA) f1or DISTRICT) s T MELFi n name ) E A... .. ....... The undersigned claimant hereby makes claim gainst the County of Contra Costa or the above-named District in the sum of $ 15, 000. 00 and in support of this claim represents as follows: --- ------ ------------ T---------------- ---- --- l. When did the damage or injury occur? calve exact date and hour] July 10, 1986 at approximately 2 :15 p.m. �. -wFere aid tFie damage or injury occur? Include city and county Contra Costa County Jail, Marsh Creek Road Farm Clayton, California -------------- 'r------------ T--- T -- 3. How did the damage or injury occur? IGive iuIl details, use extra s�eets , if reguired) On the above date claimant was playing basketball on t e fail facility intended for that purpose; when claimant ran behind the backstop to retrieve a ball, claimant fell into a hole which was not ,fenced or otherwise marked and was not visible until stepped into. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The acts of Contra Costa Sheriff ' s personnel in allowing the inmates to use the basketball court when they knew or should have known that a danger- ous condition existed in close proximity to said court, and the omission of said personnel to either remove the danger or adequately mark or fence off the hole proximately caused claimant ' s injuries. (over) . 5. ` What are the names of county or district officers, servants or' Employees causing the damage or injury? Unknown at this time 6. What damage or in3urs.es do you claim resulted? ZGive full extent of injuries or damages claimed. Attach two estimates for auto damage) Claimant received fractures to both feet resulting in casts being applied' to both feet which remained for approximately two months; after removal, claimant had to walk with the assistance of crutches - for ---^Asw- was------the------------------------- ---- 7. How amount claimed above computed? (Include the estimate amount of any prospective injury or damage. ) Although claimant has not received a bill from the hospital, above amount was computed based on claimant's pain and suffering and loss of wages for the period July 13 , 1986, and continuing into the future. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Merrithew Memorial Hospital 3600 Alhambra Avenue Martinez, CA 94553 List the expenditures you made on account of this accident or injury: DATE•,. .: } ITEM AMOUNT none to date i Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and, Address of Attorney Law Office of Maryanne Britten Claimant s ignatur 98 F Street 1320 Willow Pass Road, Suite 400 Concord, California 94520 Address Martinez, California 94553 Telephone No. 825-9448 Telephone No. 229-2556 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. " ATTACHMENT TO CLAIM AGAINST CONTRA COSTA COUNTY FILED BY LAL4 OFFICE OF MARYANNE BRITTEN ON BEHALF OF CLAIMANT NORMAN GRANT Item No. 6 continued: approximately three weeks; at the present time claimant has constant swelling and pain in both feet and ankles. Claimant has been instructed to perform certain exercises which he has been doing, but the pain and swelling continue. 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 November 4, 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 GoveTUMty'CQ6 Amount: $192 . 00 Section 913 and 915.4. Please not all "WARNINGS". ,g�6 OCT 11 CLAIMANT: GAIL DENISE WYATT MarEfrlaz, ca 194553 ATTORNEY: Date received ADDRESS: California Institution for BY DELIVERY TO CLERK ON October 10, 1986 Women Frontera, CA 91720 BY MAIL POSTMARKED: October 4, 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. October 13, 1986 ppH I! BATCHELOR, Clerk , DATED: BY: 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 910.6). ( ) 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: .�% /,`; / `1 �^ By o c c__ t_ \ rt��.c' � L puty 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 914 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. - NOV 4 1986 Dated: PHIL BATCHELOR, Clerk, By r 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 5 1986 Dated: BY: PHIL BATCHELOR by ,, Deputy Clerk CC: County Counsel County Administrator CL-B- M r,TO: BOARD OF SUPERVISORS OF CONTRA COA_�� ' KappliDatiDnto: Instructions to ClaimantClerk of the Board .O.Box911 Martinez,Califomla 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 Distript -should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. �i*a�*•�**�*.:•«s*****t+re,tart,t***x*ss:.•#t**�t**,r:**�**�r*•R�*:**�t*****t►*t RE: Claimy 1 )Rese ing stamps RECEIVED OCT Against the COUNTY OF CONTRA COSTA) p 1956 AT OA or DISTRICT) tie " a 0" (Filln name .. ••�'•• The undersigned claimant hereby makes claim against th County of Contra Costa or the above-named District in the sum of. $ and in support of this claim represents as follows: i. --------------- ------ ------ ----- - When did the damage or in3gry occur? Give exact date MT—fi; r / v � I_vxU l�v}� r��c�h ' __ __ �. WFiere. did tie damage or injury IL o cur? ( nclu a city and county u'W)V 4 (�4 `�s� ��- 3. How did tRe dama � injury occur? - (I've fuli N!Lails- u 9 7 Y �_ , use e tra sheets if req fired) 'ZC- M� 4. What patcountyrticMai act or omission on the pa of 3r distric -T officers servants ° employees caused the njury ordama e? '0' (over) S. . What- are the names of county .or district officers, servants or employees causing the damage or injury? 6. What damage orn�uries d10 you claim resulF71- H ;tent of injur11 B or damages claimed. . Attach two estim tes �.� for auto damage) ---------o _ q_-_ �----- �_ ��/ 1 , 5 ��qua ----...... --- _�}____ _________ _r-____ 7. How was the amount claimed ve c m uted? clude a es to amount., of. aospective inj or damag co p S onti ���, "�r�0r �a 'Yrs �Y't�`v`L�► �. ---------------- -- - ------- - -:---- -------- ---L B. Names and addresses------ -of-witnesses----, docto s an--d-hospis. ./ �' \ �►Ro pron t5 ovt�l►� w� �o re�tiJ J COYN6\�1L(C' AA UZO L71it: thexpenditures you, ad on account bf this accident or injury: DATE ;. ITEM AMOUNT �-�-e(o �uc`�\ti. \ s���Jti Teti Gti�c�--(��`��u�o�zra►�" dris\���: �a.`1;� , q-3D-'81c ®O *Ixmr- b Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney J•• C aiml nt .s Sigjature ay785 Ve � Fkzo ddress . Telephone No. Telephone No. wtwwwwwwwwwwwwtwwwww*wwwwwtwwww:wwwwwwwww•rwwwwwwwwwwwww:wwwwwww�wwwwwwwwt NOTICE Section 72 of the Penal Code provides: I '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." m-A - - 00 ...�_ .. _ - .:..'.....�.:�.�_._�v..W_:.r ..• . ._ �.� ...`'__1La�'ub-}' ".-�j. ..'�ir�l..Yti`r[.Yl:k.6']'�ws!I'Ji�1i.d..'/._[�..._._. .. 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 November 4, 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 not all "GOING y'COUnSE?I CLAIMANT: CHERYLE ANN ARENDT OCT 19Hb c/o Lowell E. Richards 1 ' ATTORNEY: Suskind and Richards 1934 Contra Costa Blvd. Date received lir=rtinsz, G� X4553 ADDRESS: Pleasant Hill, CA 94523 BY DELIVERY TO CLERK ON October 9 , 1986 BY MAIL POSTMARKED: no postmark I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Il BATCHELOR, Clerk DATED: October 13 1996 O Deputy LOO 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: CCC_ BY: / s�/`�_ ��; �' %� �J 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 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: N O V 4 1986 PHIL BATCHELOR, Clerk, By. � V� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date 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. I Dated: NOV 5 1986 BY: PHIL BATCHELOR by Deputy Clerk JCC: 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 October 8, 1986 am Board of Supervisors Contra Costa County 651 Pine Street Martinez, CA 94553 Re : Cheryle Ann Arendt, Medical Malpractice at County Hospital on or about July 9, 1986 Dear Sirs : This is to inform you of a claim for damages made by Cheryle Ann Arendt. This claim involves medical malpractice at the County Hospital in Martinez in July , when a child was born to Cheryle Ann Arendt. The child, Tiffany Dawn Phillips, was born with a dilated and enlarged kidney, following a period of malpractice and negligence by doctors and staff at County Hospital . The specifics of the claim are as follows : 1 . The claimant is Cheryle Ann Arendt, 43 Beach Drive , Pittsburg , California 94565. 2 . Notices regarding this claim should be sent to LOWELL E . RICHARDS , SUSKIND AND RICHARDS, 1934 Contra Costa Boulevard, Pleasant Hill , California 94523. 3 . This claim rose out of the maternity care, treatment, and delivery in County Hospital , resulting in the birth of Tiffany Dawn Phillips on July 9, 1986. Prior to the delivery , Cheryle Arendt was subjected to abusive, negligent, and insensitive care of Dr. Dan Gleffe. When it became clear that liver problems were developing in the fetus , Dr. Gleffee and the other staff neglected to take the proper steps to protect the fetus. A pain filled, negligently managed pregnancy -was termi- nated when Dr. Gleffe induced labor and delivered Tiffany Dawn Phillips . Tiffany suffers from a dilated and enlarged kidney, a condition that could have been avoided and may stay with her for life. 4. The injuries to Ms. Arendt include, but are not limited to, damage to the uterus, damage to other reproductive organs, other physical damages, severe emotional distress, and other 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. Dan Gleffe, an employee of County Hospital . 6. Ms. Arendt 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 $5 , 000. 00, other costs which are ongoing, general damages for pain and suffering and mental anguish, and possible punitive damages for gross negligence. I look forward to your response at an early date. Ver trulyyours, LOWELL E . RICHARDS z cc : Ms. Cheryle Arendt ' 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 November 4, 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 Gover�nt�l�ydtounsel Amount: $148 . 0 0 Section 913 and 915.4. Please not all "WARNI . CLAIMANT: FRANK S. MARLOR OCT 111986 Mar(inez, CA ATTORNEY: Date received ADDRESS: 216A Wooten Drive BY DELIVERY TO CLERK ON October 13 , 1986 hand del . Walnut Creek, CA 94596 BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �qIL ATCHELOR. Clerk ` �/� DATED: October 13 , 1986 : �eputy A CG�C!/ L. Hall 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: BY 7=Zz.Gt.i i-,-c1 } 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. NOV 4 1986 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. NOV 5 1986 Dated: BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator - CLAIM _10: BOARD OF SUPERVISORS OF CONTRA COP_T-k ,'&Xapplicationto: Instructions to ClaimantVerk of the Board F.O.Box 911 Martine;.Cafifornla 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 DistriDt 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 BT this form. •t**e*,►r*:•;.*♦*s�****w:*:s�*�:*:**�*t*****t*w**�*:�*«*tw:�***:w*�►***tttr RE: Claim by )nese ' ing stamps M (�?wyl' ; ECEI ED 6i ,,T /319RU Against the COUNTY OF CONTRA COSTA) PHIL BATCH OR C RN BOARD i ERVISORS or DISTRICT) NTRA co. (Fillin name ) By NO The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District _in the sum of $ /4 R,on and in support of this claim represents as follows: �. When did the damage or Injury occur? ( .d.... -- T____ Give exact date and hour OGS- 2) 19 A04 u Porgy r-C- e q Se '�'��'YI en q rS 4 CrzAeL �. Where aid the damage or in3ury occur? Include city and county • m �A-�s f f- c.�£L!C pz-}-.�-v�'l'-�'o.-� I�c� I_raj ------------------------ - -' ...-...... -- - --T -------------- 3. How did the damage or injTtury occur? Give dull details, use extra sheets if required) SS f_i l n ; Yl kh ac v,1 rte ''k4 tt G�5 L.es* 02 54o 6*1 ....................._______-T___T_____ 4. What particular act or omission on thpart of county or district officers, servants or employees caused the injury or damage? Lour,-ly wQs pe_. sIZ2L< �GZ Llo#-1,, i�+7A avtC� �4n pe 04 1 J / (over) 5. Nhat are the names of county or district officers, servants or . : employees causing the damage or injury? 6 eeeee ee��-� e egeeTeee ecce-----qe-eeeeeee -- e.. eeeeee ge.�eee-e .. 6. What damae or �n�uries .co you claim resulted? ZG�ve dull extent of injuries of damages claimed. - Attach two estimates for auto damage) CoSS OJ� Cka+k 1 7Hew Mas hamount claimed above computed? Inudthes timate amount of any prospective injury or damage.) tJ e nd :{ p Std R� M 'w q S �nv te`Crk 0.SGC 0l O� °a-�'. 2 Sf i"l a C.2 . *. --------------adUess es of---------------------------------............... ------------- 8. Names and addresses of witnesses, doctors and hospitals. ee ee eeeee eeT eeeee eeeee-------------------eeTeeee eTeeeeeeeeTeTeeee 3. L1st �K expenditures you made on account of this accident or injury: DATE . ITEM AMOUNT 1 I Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney ?AZ-&-�siman'tT' nature Address Telephone No. Telephone No. F30 F3549 R*tlRR#R!R!**#R!*#!*R****#R**!**R!**R#*!R*Rt*RlRRRRRR4!*lRRRRR***#RRlRRR** NOTICE Section 72 of the Penal Code provides: 'Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, ' or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT November 4, 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 (PAr■nraph IV below), given pursuant to Government Code Amount: $5, 000+ Section 913 and 915.4. Please not all "WARNINGS". County CL)L'^.5 :( CLAIMANT: HENRY HAROLD ASPINWALL ET AL OCT 11'1K ATTORNEY: Date received iVtN6 CA 0-45 ADDRESS: 3724 Bamboo Court BY DELIVERY TO CLERK ON October Concord, CA 94519October 8 , 1986 BY MAIL POSTMARKED: Certified P 064 662 638 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: October 13, 1986 fid: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. t ) 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: (Y•{iC. �� � /g�� BY. 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 (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: N O V 4 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 asshown above. Dated: NOV 5 1986 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator i 1 I HENRY HAROLD ASPINWALL BETTY JANE ASPINWALL 2 3724 Bamboo Court T� Concord, California 94519 3 Plaintiff in Propria Persona Crr •�,J 4 CL e4r 5 BY . .. .....................JUP�A 6 7 8 BEFORE THE BOARD OF SUPERVISORS 9 COUNTY OF CONTRA COSTA 10 11 12 HENRY HAROLD ASPINWALL, ) BETTY JANE ASPINWALL, ) 13 individually and on behalf ) CLAIM FOR WRONGFUL of Minor, JACOB STAFFORD ) DEATH 14 ) VS. ) 15 ) THE COUNTY OF CONTRA COSTA, ) 16 the SHERIFF' S DEPARTMENT of ) the COUNTY OF CONTRA COSTA, ) 17 CONTRA COSTA COUNTY EMPLOYEES ) DOES I through X, inclusive ) 18 ) 19 TO THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA 20 COSTA AND TO THE SHERIFF' S DEPARTMENT OF THE COUNTY OF CONTRA 21 COSTA AND CONTRA COSTA COUNTY EMPLOYEES DOES I THROUGH X: 22 You are hereby notified that HENRY HAROLD ASPINWALL 23 and BETTY JANE ASPINWALL, individually, and on behalf of minor 24 JACOB STAFFORD, whose address is 3724 Bamboo Court, Concord, . 25 California, 94519 , claim damages against 'the COUNTY OF CONTRA 26 .COSTA and the SHERIFF' S DEPARTMENT OF CONTRA COSTA COUNTY in 27 an amount to be shown according to proof. 28 /// i 1 Claimants HENRY HAROLD ASPINWALL and BETTY JANE 2 ASPINWALL are the parents of and heir at law of JEFFREY DALE 3 ASPINWALL (date of birth September 22, 1958) . JACOB STAFFORD 4 (date of birth March 19, 1978) is the stepchild of JEFFREY DALE 5 ASPINWALL, presently residing in the home of HENRY and BETTY 6 , ASPINWALL. 7 The wrongful death of JEFFREY DALE ASPINWALL, which 8 is the basis of this claim, occurred on or about July 11, 1986 9 while JEFFREY DALE ASPINWALL was an inmate of the. Contra 10 Costa County Jail, A Module. During the early evening of 11 July 11, 1986 , certain unnamed inmates of the Contra Costa 12 County Jail were allowed to enter the cell of JEFFREY DALE 13 ASPINWALL at which time he was viciously killed. His body 14 was not discovered by personnel of the SHERIFF' S DEPARTMENT 15 for approximately thirty to forty minutes. 16 It is the belief of Claimants".that....the_SHERIFF' S 17 DEPARTMENT OF CONTRA COSTA COUNTY is responsible for failing . 18 to separate JEFFREY DALE ASPINWALL from violent inmates, for 19 failing to properly monitor the movement of inmates within 20 A Module so as to prevent unauthorized entry of such inmates 21 into a cell of another inmate, and from generally failing to 22 properly supervise, classify, and control inmates confined . 23 to Contra Costa County Jail. Claimants have been unable to 24 ascertain all of the facts surrounding the death of JEFFREY 25 DALE ASPINWALL and make this claim based upon the state of 26 knowledge possible at the time of filing. By this claim, 27 the SHERIFF' S DEPARTMENT OF CONTRA COSTA COUNTY and the 28 COUNTY OF CONTRA COSTA is being placed on notice as to the -2- 1 event which is the basis for a wrongful death suit. 2 It is further the belief of Claimants that the 3 SHERIFF' S DEPARTMENT OF CONTRA COSTA COUNTY is responsible 4 for the'hiring, training, and assignment of jail personnel 5 and, as such,. is responsible for the events which gave rise 6 to the death of JEFFREY DALE ASPINWALL. 7 JEFFREY DALE ASPINWALL apparently died prior to the 8 time that any medical attention could be rendered. Special 9 damages, including burial expense, are less than Five Thousand 10 Dollars ($5, 000) . General damages in a wrongful death claim 11 are the subject of proof at time of trial. 12 All Notices or other communications with regard to 13 this claim should be directed to Mr. and Mrs. Henry Aspinwall 14 at 3724 Bamboo Court, Concord, California, 94519. 15 DATE: /ZZZ �G 16 17 18 � HEN HAROLD ASPIN ALL 19 individually and on behalf of JACOB STAFFORD 20 DATE: i. 21 " 22 23 24 BETS—'JANE ASPINWALL 25 individually and on behalf of JACOB STAFFORD 26 27 28 -3- 1 DECLARATION OF SERVICE BY MAIL 2 I , the undersigned, declare: 3 - That I am a citizen of the United States , over the age of 4 eighteen years, and not a party to the foregoing action; that my 5 business address is 279 Front Street, Danville, California. 6 That on October 8, 1986 , I served copies of 7 the within CLAIM FOR WRONGFUL DEATH being brought by 8 Henry Harold Aspinwall and Betty Jane Aspinwall 9 by placing them in the envelopes addressed as follows : 10 11 Sent by both Certified Mail and regular mail 12 Sheriff Richard Rainey County of Contra Costa 13 651 Pine P. 0. Box 391 14 Martinez, CA 94553 15 Board of Supervisors 16 County of Contra Costa 651 Pine 17 Martinez , CA 94553 18 19 20 which envelopes were sealed and deposited, postage prepaid, in the 21 United States mail at Danville, California; that there is regular 22 service between the place of deposit and each of the foregoing 23 addresses . 24 I declare under penalty of perjury that the foregoing is 25 true and correct. 26 Executed October 8, 1986 at Danville, CA LAW OFFICES 7ESSEN,GAGEN&McCOy A PROFESSIONAL CORPORATION 279 FRONT STREET DANVILLE,CA 94528 Nanc Beoughe TEL.837-0585 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 November 4, 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 —' (Par"nraph IV below), given pursuant to Government Code Amount: $5 , 000+ Section 913 and 915.4. Please not all "WARNINGS". CLAIMANT: HENRY HAROLD ASPINWALL ET AL County Counsel ATTORNEY: OCT 11' 1986 Date received ADDRESS: 3724 Bamboo Court BY DELIVERY TO CLERK ON October M r8i19 t, CA 94553 Concord, CA 94519 BY MAIL POSTMARKED: October 8 , 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 13 , 1986 �tlrL BATCHELOR, Clerk 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: Azr t72-/, ���� BY: C t' C r�-� Deputy County Counsel Ill. 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: NOV 4 1989 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 5 1986 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator I HENRY HAROLD ASPINWALL BETTY JANE ASPINWALL 2 3724 Bamboo Court Concord, California 94519 �. 3 �. Plaintiff in Propria Persona 4 5 6 7 8 BEFORE THE BOARD OF SUPERVISORS 9 COUNTY OF CONTRA COSTA 10 11 12 HENRY HAROLD ASPINWALL, ) BETTY JANE ASPINWALL, ) 13 individually and on behalf ) CLAIM FOR WRONGFUL of Minor, JACOB STAFFORD ) DEATH 14 ) VS. ) 15 ) THE COUNTY OF CONTRA COSTA, ) 16 the SHERIFF' S DEPARTMENT of ) the COUNTY OF CONTRA COSTA, ) 17 CONTRA COSTA COUNTY EMPLOYEES ) DOES I through X, inclusive ) 18 ) 19 TO THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA 20 COSTA AND TO THE SHERIFF' S DEPARTMENT OF THE COUNTY OF CONTRA 21 COSTA AND CONTRA COSTA COUNTY EMPLOYEES DOES I THROUGH X: 22 You are hereby notified that HENRY HAROLD ASPINWALL 23 and BETTY JANE ASPINWALL, individually, and on behalf of minor 24 JACOB STAFFORD, whose address is 3724 Bamboo Court, Concord, 25 California, 94519, claim damages against the COUNTY OF CONTRA 26 COSTA and the SHERIFF' S DEPARTMENT OF CONTRA COSTA COUNTY in 27 an amount to be shown according to proof. 28 /// i I Claimants HENRY HAROLD ASPINWALL and BETTY JANE 2 ASPINWALL are the parents of and heir at law of JEFFREY DALE 3 ASPINWALL (date of birth September 22, 1958) . JACOB STAFFORD 4 (date of birth March 19, 1978) is the stepchild of JEFFREY DALE 5 ASPINWALL, presently residing in the home of HENRY and BETTY 6 ASPINWALL. 7 The wrongful death of JEFFREY DALE ASPINWALL, which 8 is the basis of this claim, occurred on or about July 11, 1986 9 while JEFFREY DALE ASPINWALL was an inmate of the Contra 10 �I Costa County Jail, A Module. During the early evening of 11 July 11, 1986, certain unnamed inmates of the Contra Costa 12 County Jail were allowed to enter the cell of JEFFREY DALE 13 ASPINWALL at which time he was viciously killed. His body 14 was not discovered by personnel of the SHERIFF' S DEPARTMENT 15 for approximately thirty to forty minutes. 16 It is the belief of Claimants ' that_.the'. SHERIFF' S 17 DEPARTMENT OF CONTRA COSTA COUNTY is responsible for failing 18 to separate JEFFREY DALE ASPINWALL from violent inmates, for 19 failing to properly monitor the movement of inmates within 20 A Module so as to prevent unauthorized entry of such inmates 21 into a cell of another inmate, and from generally failing to 22 properly supervise, classify, and control inmates confined 23 to Contra Costa County Jail. Claimants have been unable to 24 ascertain all of the facts surrounding the death of JEFFREY 25 DALE ASPINWALL and make this claim based upon the state of 26 knowledge possible at the time of filing. By this claim, 27 the SHERIFF' S DEPARTMENT OF CONTRA COSTA COUNTY and the 28 COUNTY OF CONTRA COSTA is being placed on notice as to the . -2- =- l... . I event which is the basis for a wrongful death suit. 2 It is further the belief of Claimants that the 3 SHERIFF' S DEPARTMENT OF CONTRA COSTA COUNTY is responsible 4 for the hiring, training, and assignment of jail personnel 5 and, as such, . i.s responsible for the events which gave rise 6 to the death of JEFFREY DALE ASPINWALL. 7 JEFFREY DALE ASPINWALL apparently dyed prior to the 8 time that any medical attention could be rendered. Special 9 damages, including burial expense, are less than Five Thousand 10 Dollars ( $5, 000) . General damages in a wrongful death claim 11 are the subject of proof at time of trial. 12 All Notices or other communications with regard to 13 this claim should be directed to Mr. and Mrs. Henry Aspinwall 14 at 3724 Bamboo Court, Concord, California, 94519. 15 DATE: 16 17 18 HEN#Y- HAROLD ASPINWALL 19 individually and on behalf of JACOB STAFFORD 20 -7 21 DATE: i 22 23 24 BETTY , JANE ASPINWALL 25 individually and on behalf of JACOB STAFFORD 26 27 28 -3- • I DECLARATION OF SERVICE BY MAIL '2 I, the undersigned, declare: 3 That I am a citizen of the United States , over the age of 4 eighteen years, and not a party to the foregoing action; that my 5 business address is 279 Front Street, Danville, California. 6 That on October 8, 1986 I served copies of 7 the within CLAIM FOR WRONGFUL DEATH being brought by 8 Henry Harold Aspinwall and Betty Jane Aspinwall 9 by placing them in the envelopes addressed as follows : 10 11 Sent by both Certified Mail and regular mail 12 Sheriff Richard Rainey County of Contra Costa 13 651 Pine P. 0. Box 391 14 Martinez; CA 94553 15 Board of Supervisors 16 County of Contra Costa 651 Pine 17 Martinez, CA 94553 18 19 20 which envelopes were sealed and deposited, postage prepaid, in the 21 United States mail at Danville, California; that there is regular 22 service between the place of deposit and each of the foregoing 23 addresses . 24 I declare under penalty of perjury that the foregoing is 25 true and correct. 26 Executed October 8, 1986 at Danville, CA LAW OFFICES '7iIESSEN.GAGEN&McCoy A PROFESSIONAL WZe'll t4(, CORPORATION 279 NT STREET DANVL�E.CA 94528 Nanc Beoughe TEL.837-0585 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 November 4, 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 (PrrAnrrnh Tv hplow), given pursuant to Government Code Amount: $1, 000, 000. 00 Section 913 and 915.4. Please not all "WARNIN " Fo.unty Counsel CLAIMANT: JULIA BARNES WATLEY ET AL Or.T 11'1986 c/o Michael N. Padway ATTORNEY: Padway & Padway P'„rtin�z, CA A Professional Corporation Date received ADDRESS: 515 16th Street BY DELIVERY TO CLERK ON October 10, 1986 CC Oakland, CA 94612 October 3 , 1986 BY MAIL POSTMARKED: Certified P 118 896 028 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. gH DATED: . October 13, 1986 fidILATCELOR, Clerk : 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: BY: - i�-- ��-/- 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 (x This Claim is rejected in full. ( ) Other:. 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. NOV 4 1986 Dated: PHIL BATCHELOR, Clerk, By. r�� 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: Nf7 V Jt 1986 BY: PHIL BATCHELOR by r ��Deputy Clerk CC: County Counsel County Administrator 1 2 3 U� , a5 6 j CLAIM AGAINST PUBLIC ENTITY 8 9 In the matter of the claim of 10 JULIA BARNES WATLEY, 11 ALBERTENO WATLEY, Y� 12 Claimants, 13 vs. v 14 COUNTY OF CONTRA COSTA, CONTRA COSTA COUNTY SHERIFF'S 15 DEPARTMENT, DOES 1 TO 50, 16 Public Entities and Employees. 17 18 Julia Barnes Watley and Alberteno Watley present this 19 claim to the County of Contra Costa and the Contra Costa County 20 Sheriff' s Department pursuant to Section 910 of the California 21 Government Code. 22 23 1. The post office address of Claimants is as follows: 24 1041 - 15th Street, Richmond, California .94801. 25 26 2 . The post .office address to which Claimant desires notice of this claim to be sent is as follows: Michael N. -1- Padway, Padway & Padway, A Professional Corporation, 515 1 Sixteenth Street, Oakland, CA 94612. 2 3 3 . On September 24, 1986, at 23rd and Hellings, 4 Richmond, California, Claimant received personal injuries under 5 the following circumstances: Claimant, who was stopped to make 6 a left turn at 23rd and Hellings, was rear ended by a Contra 7 Costa County Sheriff-Is Department vehicle. The impact caused 8 injury to Claimant. The accident was caused by the negligence 9 of the County of Consta Costa and its employees. 10 11 12 4 . This claim is based on negligent operation of a motor 13 vehicle, negligent training and supervision of personnel and 14 negligent maintenance and design of a County of Contra Costa 15 vehicle. 16 17 5. Claimant received personal injuries and property 18 damage, as well as other damages, in the above accident. The 19 nature and extent of the injuries and the amount of damages is 20 not now known. Documentation will be provided as soon as it is 21 available. 22 WCFIVE0 OCT 7 23 t i 24 25 26 -2- 6. The amount of this claim is $1, 000, 000. 00. 2 DATED: September , 1986. 3 4 PADWAY & PADWAY A Professional Corporation 5 6 7 MICHAEL N./YkNAY Attorneys or Claimant 8 9 10 ' „ gF�`�E . . nc 12 T 7 .1�£� 13 i:., ... . 14 15 16 17 18 19 20 21 22 23 24 25 26 -3- 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 Novenb er 4 1 9 6 and Board Action. All Section references are to ). The copy of this document mailed to you is your notice o1� California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1 , 000, 000. 00 Section 913 and 915.4. Please not all "WAR"&4!1tt' CiiOUnS^cl CLAIMANT: JULIA BARNES WATLEY ET AL OCT 111966 1986 c/o Michael N. Padway Martinez, CA 9455S ATTORNEY: Padway & Padway 515 16th Street Date received ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON October 13 . 1986 CC BY MAIL POSTMARKED: October 7 , 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH g DATED: October 13 , 1986 BYIL DepuiyLOR, 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-7,-' (1_1�,Z/�.O- 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). 1V. 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: N O V 4 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: NOV 5 1986 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator _� 2 06, -QED 3 - 9 �s£ 4 5 g 7 CLAIM AGAINST PUBLIC ENTITY 8 9 In the matter of the claim of E ,�JULIA BARNES WATLEY, VED10 ALBERTENO WATLEY,Claimants, IM12 vs. " �o�13 ...........oeouy COUNTY OF CONTRA COSTA, 14 CONTRA COSTA COUNTY MARSHALL'S DEPARTMENT, DOES 1 TO 50, 15 Public Entities and 16 Employees. 17 Julia Barnes Watley and Alberteno Watley present this 18 claim to the County of Contra Costa and the Contra Costa County 19 Marshall's Department pursuant to Section 910 of the California 20 Government Code. 21 22 1. The post office address of Claimants is as 23 follows: 1041 - 15th Street, Richmond, California 94801. 24 25 2 . The post office address to which Claimants desire 26 notice of this claim to be sent is as follows: Michael N. i Padway, Padway & Padway, A Professional Corporation, 515 1 Sixteenth Street, Oakland, CA 94612. 2 3 4 3. On September 24, 1986, at 23rd and Hellings, 5 Richmond, California, Claimant received personal injuries under 6 the following circumstances: Claimant, who was stopped to make 7 a left turn at 23rd and Hellings, was rear ended by a Contra 8 Costa County Marshall's Department vehicle. The impact caused 9 injury to Claimant. The accident was caused by the negligence 10 of the County of Contra Costa and its employees. 11 12 4 . This claim is based on negligent operation of a 13 motor vehicle, negligent training and supervision of personnel 14 and negligent maintenance and design of a County of Contra 15 Costa vehicle. 16 17 5. Claimant received personal injuries and property 18 damage, as well as other damages, in the above accident. The 19 nature and extent of the injuries and the amount of damages is 20 not now known. Documentation will be provided as soon as it is available. 21 22 �F UE 23 OCT 24 25 26 ' : 1 , 1 2 6. The amount of this claim is $1, 000, 000. 00. 3 4 DATED: September 30, 1986. 5 6 PADWAY & PADWAY A Professional Corporation 7 1 c. 6 9 MICHAEL N. PADWAY Attorneys for Claimant 10 11 12 13 OCF 14 15 16 17 18 19 20 21 22 23 24 25 26 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 November 4 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: $1 , 000, 000. 00 Section 913 and 915.4. Please not all "WARNINGS". Count; Counsel CLAIMANT: JULIA BARNES WATLEY ET AL c/o Michael N. Padway OCT 11'1986 ATTORNEY: Padway & Padway, A Professional Corporation 515 16th Street Date received ft4191�5=, CA 945-5:2 ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON October 7 , 9 BY MAIL POSTMARKED: October 6, 1986 ..._ ertified P 118 896 029 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��� / October 13 1986 ppHHIL BATCHELOR, Cler DATED: BY: Deputy 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: &C,;L BY:� uty 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: 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: NOV 4 1986 PHIL BATCHELOR, Clerk, By / �, %'v� . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date 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: N 0 V 5 1986 BY: PHIL BATCHELOR by ` Deputy Clerk CC: County Counsel County Administrator `I RECEIVED 2 3 o c r 7 1986 CI ' T q fl0 4 By ... p SUP RS 5 �cury 6 CLAIM AGAINST PUBLIC ENTITY 7 8 In the matter of the claim of 9 JULIA BARNES WATLEY, 10 ALBERTENO WATLEY, 11 Claimants, 12 vs. 13 COUNTY OF CONTRA COSTA, CONTRA COSTA COUNTY SHERIFF'S 14 DEPARTMENT, DOES 1 TO 50, 15 Public Entities and 16 Employees. � 17 Julia Barnes Watley and Alberteno Watley present this 18 claim to the County of Contra Costa and the Contra Costa County 19 Sheriff' s Department pursuant to Section 910 of the California 20 Government Code. 21 22 1. The post office address of Claimants is as 23 follows: 1041 - 15th Street, Richmond, California 94801. 24 25 2 . The post office address to which Claimants desire 26 notice of this claim to be sent is as follows: Michael N. -1- Padway, Padway & Padway, A Professional Corporation, 515 1 Sixteenth Street, Oakland, CA 94612 . 2 3 3. On September 24, 1986, at 23rd and Hellings, 4 5 Richmond, California, Claimant received personal injuries under 6 the following circumstances: Claimant, who was stopped to make 7 a left turn at 23rd and Hellings, was rear ended by a Contra 8 Costa County Sheriff' s Department vehicle. The impact caused 9 injury to Claimant. The accident was caused by the negligence 10 of the County of Contra Costa and its employees. 11 12 4 . This claim is based on negligent operation of a 13 motor vehicle, negligent training and supervision of personnel and negligent maintenance and design of a County of Contra 14 Costa vehicle. 15 16 17 5. Claimant received personal injuries and property 18 damage, as well as other damages, in the above accident. The _ 19 nature and extent of the injuries and the amount of damages is 20 not now known. Documentation will be provided as soon as it is available. 21 22 23 24 25 26 -2- I. ' 1 2 6. The amount of this claim is $1, 000, 000. 00. 3 4 DATED: September 30, 1986. 5 6 PADWAY & PADWAY A Professional Corporation 7 8 9 MICHAEL PADWAY Attorneys for Claimant 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -3- CLAIM f 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 November 4, 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: *220 , 000. 00 Section 913 and 915.4. Please not all "WARNINGS". CLAIMANT: SHIRLEY A. MILLER ET AL County Counsel ATTORNEY: OCT U 7 1986 Date received �ar * Cq 94553 ADDRESS: 901 Court St. BY DELIVERY TO CLERK ON October lfg Martinez, CA 94553 BY MAIL POSTMARKED: October 1, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Cy�i gqIL BATCHELOR, Clerk DATED: Octiober 6 , 1986 : 9eputy CJS /�it� L. Hall 11. 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: 14m, BY: 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. BO,ARDD 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. z�_ Dated: NOV 4 1986 PHIL BATCHELOR, Clerk, By__.L , 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 45.6.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: N O V 5 1986 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA C0tT_-0rrR Xappticationto. Instructions to Claimant0erk of the Board 4.5/P., e Sf./ ilio 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. t,r**t*t:***,rt*�**«,r*,r,t*t**�+t,t**•***«:***,t,t+t*,r**,r+t***,r,r*«*,e*e,r**,t******«tr RE: Claim by )Reserved for Clerk's filing stamps Sh!r• I kid i ) RECEIVED Agains COUtJiY OF CONTRA COSTA) OCT oL19$6 or C.(-y--j7:n1� atle-1 (Jn rYn14), On O (Fill in name M es BY . DWty The undersigned claimant hereby makes claim agains the County Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: I Wrhen did the damage or injury occur? (Give jexact date and hco/urf �( 1 '"J r(r'..i\ :l ¢;.r. t4,El`. j.UYe �("t�j " OJ Ii r'v\ Ct I Lt— Sly --- T------.----------T-T-----------�•----- ------------- ----- '�. Where did the .damage or injury occur? (Include city �and lcounty) Ni:� C-.LA ot. YCc (WS icy, CC-%_c T."'t l,/ L,h ,l✓'0.`\1LL.\ ��^ - ' 3. How did the damage or injury occur?._!G1 r Give full details, use extra sheets if required) , �l('i `e ' t ' t. ' .� Z'(.[ tit'.t.. �C•..' t4. s. t wt. t r � �r c (•i :, ,/! , ,r' f >tl. i t . ,:'t r ..� •i E .: V,cLd. -t Cc, ... l r ,:.L-{� .it.• ♦CL• C ,C� r �'.♦`�(S. tom. _ ..�.-lti �'`( '� • �Y< 1 ( 11•.1 F• l •, r. ( ._ !'j ".' - _ •[ r .('- 4e What particular act or omission on the part of county or district officers, servants l ) .. oremployees mployees 1"c! aused the injury or damage? ` : , C. o �i�GjO'A LN� FC*- t CA 1 �4� U .'..t t.. 4 �1 G. � s�.\Vt.._._ S i �ni%t :I .- � Y�f.i� 1-i(a� C.C{,'r t"1•!+G9 �/t� �; (. � � .s..vas Cr' ..:�-' � _.� - oi (,1, t. !_�V_i" `—' Y C: h +,..;,�.�..- .F'.+,r �y.0 Y' S.C, Yit .+.':ti-a T (over) 1J11E f.[{YT%:�+ lV, s:- '4'1 �'lt_\ _r4 C( �, o f [♦ ' Y"_��`"'`".- C_' . . t .cC:I}�. ' v 5. What are the names of county or district officers, servants or employees causing the damae or injury? ^`,.. w u .�- �,� e.-C' -.0 •G C 1 Q J 3+� €;' t . h t^ "`p UI+Y ��T_0�3i:l� t T �.— ---------�..--------- -���--�— 6. What damage or injuries do you claim resuled? (Give full extent of injuries or -damages claimed. . Attach two estimates for auto �aJamaQe) .,� C.ou- ar.c ,vow yf,T Knaw4e .`�_� :c.a.ti1' �o.a.-: 5 t, m C� .�v�4 q-Q,S rtlo <C� y(�". �`(Y1 ou✓ �ctrc( bcS atcl �e iso w pcoQLT'\'� .e jrw\V ��c . •�.,e, ¢ o1a*r a��c( Io sTr (Jt�SoM � oc e.nN.c! tic�till. rK NEc( --1- .2`fi�e r at, ES'Irti�cL�(a A�_Get��i C_a� 1,6 � ol IS�rS / 7.- How was theount claimed above computed? Include the estimated amount of any prospective injury or damage. ) cc *If: _V ou �'t'�'n,5�uo�' NUJ. GCeM�`l,G "-b 8. Names and addresses of witnesses, doctors and hospitals. .� Lu,c 1_c1cr� an5tt -4-L.5 e,%xCS�O 0.� II�i� S IAWZ 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT WE .,CVM C, iR C.u5lorf h S c�u. S S ro q,�5►A rc i6k�. C 11.5 1 iYY.0 C U•V(S tis. �4�D ,CSay `�• _ Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (At.-tie the ) , or some Person n his behalf. " Name and Address of Attorney Claifiant s Bignatures 9y553 X10 i l/1ruift VQ 6 n Iksr Gv I Covv-t54 , P 4r 0 Address 1 Telephone No. Telephone No. 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. " - 11 n u e�x - ATTc�,e F9 --- I �rL� _�-rt1.�__4torr.-c_- _-�.��a�._�K+e:_���T�_cu�\_�-►���.���p��"CSo�}5---� ------- -- . c�Qx'a v t�hG_Y_C—( o,�.►o_Ctir—,�2:rS —6CAO r>_{ 1 �`t��,c3_�l�c u S G--"�'-- � � ,,,art_S __e�a . 'e.d-��� -o-�---��-Y\s•� _ MS. ole I v's_C'�tr_��.c roc z_,__�,c' --eA miss (Y11�l V S' i�ar a�ah►t A �--- -- sna Aa UVA usz - -' ' t-- - - _._.�.----------- - L V "1 CLAIM • BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION tht Board of Supervisors,. Routing Endorsements, ) NOTICE TO CLAIMANT November 4 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: $250, 000 Section 913 and 915.4. Please not all "WARNINGS". Count, CoLonSel CLAIMANT: MICHAEL O'DONNELL ET AL c%o John H. Garvin, Esq. OCT 111986 ATTORNEY: 7901 Stoneridge Drive, Suite 501 Pleasanton, CA 94566 Date received Martinez, CA 9455S ADDRESS: BY DELIVERY TO CLERK ON October 9 . 1986 BY MAIL POSTMARKED: not legible I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL BATCHELOR, Clerk 3 . 1986 (,,(•C4�� DATED: October 1 : Deputy �l 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 910.6). ( ) 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: �2 ate, ����� BY: lV«��LCl"x_-CJ 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. NOV 4 1986 Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 9I3) 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 5 1986 /�� Dated: BY: PHIL BATCHELOR by G�-�=�C� Deputy Clerk CC: County Counsel County Administrator TO:'' BOARD OF SUPERVISORS OF CONTRA COFtFAWYapplicationto: Instructions to ClaimantC!erk of the Board M rtinez Calitomia94553 .A. Claims relating to causes of action for death or Tor Injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end o this form. «««««««««««««««««««««««««««««««««««««««««««««««««««««««««««««««««««««««« RE: Claim by )Reserved for Clerk's filing stamps MICHAEL O'DONNELL ) ' ROCHELLE O'DONNELL RECEIVED) Against the COUNTY OF CONTRA COSTA) OCT q ages or DISTRICT) K P A 8A�ua°R sows (Filln name ) By .. The' undersigned claimant hereby makes claim against the County o Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: --- ----------- -------- --------------- ----------------- ---- --- �. When did the damage or Injury occur? (Give exact date ana hour] July 10, 1986 at approximately 10 : 00 - 11: 00 a.m. -- --- T--- -- -- -----T-; ------------ -- ----T-V--- ----� --- �. Where aid tfie Gama a or injuroccur? ZInclude oit and count Buchanan Field Airport, County of Contra Costa. 3. How did the damage or N37 UF occur? 7617je lull-Mill;T use extra sheets if required) Unit of Buchanan Airport crash fire rescue at the request of and in coordination with the FAA Tower and Kenneth Sorenson conspired to and unlawfully detained and defamed claimants using a false pretext to prevent claimants ' departure from the airport for a period of approximately 15-30 minutes. The false pretext (con't on -- ----=- -- -----------T--T-----------------------------T---T-----back) 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? County personnel wrongfully and unlawfully used their authority for the economic advantage of a private individual placing their fire truck in a position so as to block claimants, in their airplane, from departure when they knew, or should have known, that there was in fact no emergency pending which would necessitate the legitimate use of their servicer) No. 3 (con't) was ,that claimants were either stealing the airplane or depriving Mr. Sorenson of his lien interest for services. performed on said airplane neither of which representations were true. S.-' 'What are' the names of county or district officers, servants or' employees causing the damage or injury? Unknown at this time. 0 '6. WFiat damage or �n0uries do you claim resu�te�? ZG ve full extent of injuries or damages claimed. Attach two estimates for auto damage) Damages arising out of false imprisonment and defamation resulting in humiliation, embarrassment, emotional distress in front of business clients then present and further resulting in a loss of a major x,5,5, tranaac-ti [�n �SLi� 9f3�_dII�DllIIt_Qf-��.Z`?ii3�� Qi2 dQl.Lars_--- ___ 7. How was the amount claimed above computed? (Include the estimate amount of any prospective injury or damage. ) 1. 5 million dollars as to loss of business transaction on a real estate development project as to plaintiff Michael O'Donnell ; $125, 000 for emotional distress, embarrassment, humiliation as to claimant Michael (cont ------------ --------------------------------------- -------- ri back) 8. Names ani addresses of witnesses, doctors and hospitals. Marshall and Louise Perry; Michael Caron. .- List the expenditures you made on account of the accident or injury: DATE ITEM AMOUNT None. Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by pome person on his behalf. " Name and Address of Attorney By. � JOHN H. GARVIN, ESQ. JOHN x GARVIN 7901 Stoneridge Drive, Suite 501 Pleasanton, CA 94566 Attorney for Claimants Telephone ::o. ( 415 ) 847-3033 Telephone No. 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. " No. 7 (con't) O' Donnell; $125 , 000 as to claimant Rochelle O'Donnell for emotional distress , embarrassment and humiliation. I PROOF OF SERVICE BY MAIL - CCP 1013a, 2015.5 1 1 declare that: Alameda 2 1 am (a residenrof/employed in) the county of................................................................................................................. California. (COUNTY WHERE MAILING OCCURRED) 3 1 am over the age of eighteen years and not a party to the within cause; my (business/residence) address is: ....................... 4 7901 Stoneridge Dr . , Suite 501 , Pleasanton , CA 94566 ..........................................................................................................................................................................................:...................... 5 On .00to,b9?r....Tr.... . ........................... I served the within ...APPLICATION FOR CLAIM ,DATE: .................................................................... party/parties listed below 6 ............................................................................................................... on the ......................................................................................................... 7 in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the Pleasanton , California , 8 United States mail at ......................... ...................................................................................................................... addressed as follows: 9 Clerk of the Board of Supervisors 651 Pine Streetr Room 106 10 Martinez , CA 94553 11 12 13 14 , 15 16 17 18 19 20 21 22 23 1 declare under penalty of perjury that the foregoing is true and correct, bnd that this declaration was executed on October 7 , 1986 Pleasanton , 24 ............................................. at .................. ............................................................................ California. .............................................:DATE) (PLACE) 25 26 NELEEN PSOITOSO -�C/ f��-/` L•�� ................................................................. �ITYPE OR PRINT NAME) SIGNATURE ATTORNEYS PRINTING SUPPLY FORM NO. 11-S AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOAR_ DD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT November 4, 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 warayrayii iY walvai, given ou,•suant wGovzinmert :de Amount: Unspecified Section 913 and 915.4. Please not all "WARNINGS". County Counsel CLAIMANT: GENE FURMAN 2610 Reliez Valley Road OCT 27 19P� ATTORNEY: Martinez , CA 94553 Date receivedCA ADDRESS: BY DELIVERY TO CLERK ON October wlinlh CC BY MAIL POSTMARKED: October 22 , 1986 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Bq1L BATCHELOR,OR. Clerk DATED: October 27 , 1986 eputy ///=y,D% 4Zi(,Z 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: BY' �,, 77�- .c� cG �J SOeputy 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 �63,;U - j ( 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: NOV 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 $o 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. 5 1986 Dated: BY: PHIL BATCHELOR by Deputy Clerk I CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY u AND/OR NON-ACCEPTANCE OF CLAIM Counsel (<<`;T 3 1986 T0 : Gene Furman C"�t'��I • •., .,,,� n,p�.,,, 2610 Reliez Valley Road �� + Martinez CA 94553 Re: Claim of GENE FURMAN A ld a� Please Take Notice as follows : 1y .' The claim you. presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially i 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. J 2 . The claim {ails to state the post office address to ,which `NJ the person presenting the claim desires notices to },e sent . T' 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. ( See #7 ) 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. 5 . The claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective -- injury, damage, or loss so far as known, or the basis of computation of the amount claimed. 6 .' The claim is not signed by the claimant or by some person on his behalf. x 7 . Other: P] ase Guhmit correct data of occurrenca 3 40 f'-&TCT0R J. WESTMAN, ount Counsel By: V `� Deputyunty 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. tial) , which envelope (s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited 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: October 17 , 1986 , at Ptartinez , California . cc : Clerk of the Board of Supervi�(original) Administrator (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. C. §5910, 910 . 2 , 910 . 4 , 910 . 8) CLAIM TO: BOARD- OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to 'causes of action .for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Bax 911, Martinez, CA) _ C. If claim is against a district governed by the Board of Supefvisors, 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 fi\El.�lg stamps ti FCCfEM,4A_) ) " 1. 1 V �iJ OCT � 19,86 Against the COUNTY OF CONTRA COSTA) ^PdB ELOR ) �� ... ...aR Su oils or �� DISTRICT) er ' °eQ Fill in name) ) 5 ri-T7*r _' C�.E= r) FLU 0 k ! OS `- \(OLAfZ p(E(� Les , The undersigned claimant hereby makes claim again s the County of C}intra Costa or the above-named District in the sum of $ t� 54, . �� 7� . 63 and in support of this claim represents as follows: ------------------------------------------------- or When did the damage injury occur? (Give exact date and hour) 4' 3S� tOl" -----------T------ -----or----in-j---ury- -----occur?--- -----(Include------city--and-----county)---- 2. Where did the damage 54A) vv . (a Yi- M l c s A104TH of 1-4 Deo) 10 A) a C. , �2c- Fiv er ASD --�Sc�GtThF t►�_--Lc1/C �Cf}itU O/C T lent/�IAt, "L'41�Ii e C0soi_ C4. - --- --- --------------------------- ------------------ 3. How did the damage o r�y occur. (Give full details, use extra sheets if required Co . &w-QcLrPn eA..#T Dc.cmP 72iCe-.0 .0- _'Ra4i W/'t'N i0,40a n ex,7- "c_a-E`r- ;5v. oA) S. � BG-if0% /� 6496e deu_603 Er c�Fez� rbc o 3v' . e"" OFF Tiest�c ep 47L D G`tsn E A_a4bsS 4Z,+D = vee e76 7v 9 6-0� 7Z� R✓Ory !f/ r �r�1b iJc4A-)Q,/.�6- wher—� i3c o� 1-r H-i+ iT /b Y Pu- inj �. .rte :__ _w _ 1P�r__N_! L6,JfOn1 5, ._�c_ �v:_ 4 . What particular act or omission on the part of county ^.r `_ employees caused the injury or damage? W/Je,Cc. i3L,00-i- w65 ,v�6 7- P� bioc< LY 56 t .4&- A '7Z) UEH le,Lam. �' s-r-,o'opAP ,co "Y* P ex is D 44-P � ZA)�-U D/r S. P, L d i¢?- 9-60&Z44,66 d'/7 + o-i M / .�-7►'1 C_[) rEE Ts?c-A M� 7T FdCLOaJ Hint do. ►" �. 'TAL/ �r)� ,�" C�l� "TU SGd T? ' G/7M'D r c�� Pr�LC�E&e-ik) �3 R/`/ f}�M / "Tr�D . . . OFf= t 6-Q IA_ p/n�aA' TitLL,e. 5. - What are, the names of county or district officers, :s vants�Ysr- :._�•: I employees causing the damage or injury? (A-W-W klvV4.45 &/C- ZAds e of 7'449-/cl,�e- 3 / 3 -7 --_=- F�.eD Du-/hP 7'i2tce — �(o sG77 6. What damage ���" do you claim resulted? (Give full extent of injur}},,,e, or damages claimed. Attach two estimates for auto damage) 1. 4M 66-� 7Z) ,. Lc7p--r 4eM F4MN/--)Z;� A-AJ0 L.,E,45 TAI 4- L/6-9-7- ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated a ount of any prospective injury or damage. ) �7 rAt-H,,Q "L Two A51 A.7 Geo/h A-r -,7, s eb+ P-s -------------------------------------------------------------------- v 8. Names and addres es of wi ne s s, doctors and hospitals. �i)oAJL oT/ •� ?- ,$U /tJE74S Z�F J&<t/d-l.eS /&J �=A 19CL5 ' 44x/ T00A- A C-r"-X- - ZYF o01J-M G 44;- --.--L-i-t-th--e-xpe--n-d-i-t-u-r-e-s--y-o-u--m-a-d-e--o-n--a-c-c-o-un--t--o-f--t-h-i-s--a-c-c-i-de--n-t--or- injury: DATE DATE ITEM AMOUNT ItJO - Sc TCc�c'� c'S?iMf}r" 5 4-77-no ff66 Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some pe&son on his behalf. " Name and Address of Attorney ...Claimant' s Signat re Add ss 04-1< .4eD Telephone No. Telephone No. oZ - 7�85f ************************************************************************** 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. " ESTIMATE OF REPAIRS Martinez Auto Body Shop 635 ESCOBAR STREET — MARTINEZ,CALIFORNIA 94553 Telephone 228-3689 • ALL WORK GUARANTEED Owner Date (- Addr*ss 2 ►iEen� Est. No. If Insurome Co. Order No. .A.t J o I. YEAR MODEL BODY SI'LE MOTOR NUMBER LICENSE M4EAG[ DATE OF ASSIGNMENT LABORLABOR PARTS SYMBOL RIGHT LABOR DARTS ' • SYMBFRONT HOURS DARTS SYMBOL LEFT LOURS HOUR r.'�•PE= FE'4DER FENDER FENDER SHIELD FEr:DER SHIELD FENDER MLDG FENDER MLDG. gL;rtRip �•F, HEADLAMP HEADLAMP FRI SYSI[M HEADLAMP DOOR HEADLAMP DOOR FRAME SEALED BEAM SEALED BF AM CPQ,, +^EMBER Cowl Cowl w HFfi DOOR, FRONT DOOR, FRONT H.,B .AP DOOR LOCK DOOR tOCK HJB 6 DRUM DOOR HINGE DOOR HINGE KNUCKLE DOOR GLASS DOOR GLASS rNUCKLE SUP VENT GLASS VENT GLASS LR CONI ARM SHAFT DOOR MLDGS. DOOR MLDGS DOOR HANDLE DOOR HANDLE JF CONI ARM SHAFT CE VIER;DOST CENTER DOST DOOR REAR DOOR REAR UOOR CLASS DOOR GLASS COOP MLDG DOOR MLDG 'IE POD ROCKER PANEL ROCKER PANEL S'EER1H.G GEAR ROCKFR MLDG ROCKER MLDG. STEERING WHEEL SILL PLATE SILL PLATE HORN PING FLOOR FLOOR GRA%EL SH!ELD FRAME FRAME PARK LIGHT DOG LEG DOG LEG GRRLE GUAR PANEL GUAR. PANEL GUAR MLDG ,._ GUAR MLDG. OJAR G+*SS'-t�h Gr OUAR GLASS misc. INST PANEL FRONT SEAT FRONT SEAT ADI. MIRROR REAR HEADLINING HORN BUMPER Top BAFFLE S,DE TIRE BAFFLE LOWER BUMPER BRKr, BAFFLE. UPPER BUMPER GO BATTERY LOCK PLATE, LR GRAVEL SHIELD PAINT LOCK PLATE, UP LOWER PANEL HOOD TOP FLOOR � � HOOD H:NGE TRUNK LID IIV�rF ..�mPa•0= HOOD MLDG TRUNK LOCK . 72' TRUNK HANDLE TAIL LIGHT CARTS •�Z..r-� RAD SUP TAIL PIPE ' RAD CORE GAS TANK Tat RAD:Q ANTENNA FRAME RAD HOSE WHEEL TOWING a SUBLET-REPAIRS FAN BLADE HUB 6 DRUM p WATER PUMP TOTAL r DUARTE A WITTING. IMC. - CHRYSLER — PLYMOUTH 825 FERRY STREET MARTINEZ.CALIFORNIA 94563 OWNERS BODY SHOP:608 FERRY STREET—PHONE 228-0750—228-0788,. BOB STEVENS "�,°�et�itfoZftuRb eSPince 7989." GALIN FITZHUGM ESTIMATE OF REPAIRS AS LISTED FOR LABOR AND MATERIALS - VERBAL AGREEMENTS NOT BINDIIN/JG� - ESTIMATESFREE NAME /si (�(. I�Y�I/{'�. �- ... DATE ADDRESS 2 C' /G E./ / �' L (� _��� C/�lT/�T/Lr��JZr. . __.PHONE ' MAKE MOO STYLE ,�/t7 LICENSE�//�7o^9L Odd SERIAL NO. - MILEAGE Symbol FRONT LaborHrz. Parts Symbol LEFT LaborHrs. Parts jSymbol RIGHT LaborMrs. Parts Bumper lU)Ex-Naw Fender 6 Ext. Fender 6 Ext. Bumper Reinforcement Fender Shield Fender Shield Bumper Brkt. R L or ABS Fender Orn.-Mldg. Fender Orn.-Mldg. Bumper Gd. R L Bumper Valance RL d CTR Headiamp Headlamp Frt.System Headiamp door Headlamp door Frame I )Horn Seal Beam In-Out _ Seal Beam In-Out Cross Member —_Cowl Post I Cowl Post Wheel Front Rear Door Front-Panel Door Front-Panel Hub Cap-Sm.- Lge. Door Lock Door Lock Knuckle Hub 6 Drum Door Hinge UP-Low Door Hinge UP-Low Up. Cont.Arm-Shaft Door Glass-Reg. Door Glass- Reg. LOW. Cont.Arm-Shaft Door Mldg.—Strip* Door Mldg.—Stripe Strut Rod Vent Glass•Channel Vent Glass.Channel Stabalizer Bar Door Handle Door Handle Link Pkg. R L Center Post Center Post Door Rear-Panel Door Rear-Panel Steering Arm Door Mldg.—Stripe Door Mldg.—Stripe Steering Wheel.Horn Ring Door Glass Door Glass Steering Shaft-Jacket Rocker Panel Rocker Panel Drag Link Rocker Mldq. Rocker Midg. Tie Rod R L Sill Plate Sill Plate Floor Floor Gravel Shield It Quar. Inner Const. Quar, inner Const. Grille Cir. Quar.-Ext. Quar..Ext. Grine Side R L Quar. Panel Quar..Panel Grille Mldg. Quar.MId0, —,4% Quar.Mfdg.—Strip* D Support R L Cont. Quar.Glass- Reg. Quar.Glass.Reg. Tie Bar Rear Fender Rear Fender Park Lamp R L MISC. Marker Lamp R L REAR Inst.Panel Horn Bumper Ex-New Front Seat-Tracts Bumper Rall Rear Seat Air Cond. Core Bumper Brkt. R L Trim Dehydrator Bumper Go, R L Headlining Recharge A/C Gravel Shield Top Hood Lower Panel-Mldg. Tire %worn Hood Mldg Floor HOOd Orn.-Letters Trunk Lid-Hinges Battery Hood Hinge R L Trunk Lock-Midg. Antenna Lock Plate Lower Tail Lamp R iT/01 Lock Plate Upper Back Up Lamp R L Paint 6 aterial f .G RAO.Sup. Tail Pipe-Muffler IYF41FTO Rad. Core Gas Tank.Neck.Cap OSUMMARY Fan Bude Frame•Crossmember G. `I�1 D� Fan Clutch—Coolant AxlHub • rum-n Labor Les JIB S _jBE� Fan Snrowd Hub-Drum-Searing Parts Less----%� 3 ' Fan Belt 1 )Hosaf Control Arms Paint Material 3�a Water Pump-Pulley Windshield (C) (T) Tax _ %on 3 Motor Mts. Fl. Rear IWindshield Kit Sublet 3 Trans. Linkage Windshield Mldq. Advance Charges 3 Estimate BY: TOTAL S J OH - REPAIR OVERHAUL N NEW R.C. RECHROME X ITEMS MISSED ON GARAGE EST, S STA. EX EXCHANGE CIRCLED ITEMS INDICATE OLD OR UNRELATED DAMAGE.