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HomeMy WebLinkAboutMINUTES - 02101987 - 1.13 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNI_A Claim Against the County. or District governed by) WARD ACTION the Board of Supervisors, Routing Endorsements. ) NOTICE TO CLAIMANT February 10, 1987 and .Board Action. All Section references are to ) The copy of this document smiled 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:$50 , 000 . 00 Section 913 and 915.4. Please note all •Warnin Gln JCI C Counts, CLAIMANT: KEVIN 14CL00NE c/o James H. Coffer j1 1987 ATTORNEY: 2151 Salvio Street , -IJ/1201 Concord, CA 94530 Date received ��;F CA �`��' ADDRESS: BY DELIVERY TO CLERK ON JanuarYl`7, T987 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. `dIL ATCHELOR. Clerk DATED: January 15 , 1987 : deputy L. Hall II. FROM: County Counsel TO.- Clerk of the Board of Supervisors �) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ( �o��v C BY: L�-C G-�'�t�tJ2uty County Counsel 11I. 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 unanimous vote of the Supervisors present lX ) 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: FEB 10 1qp 7 PHIL BATCHELOR, Clerk. By ` 2V < —� 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 Kant to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING 1 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. l Dated: FEB 111987 BY: PHIL BATCHELOR by /�►'`��/� ut Clerk Duty CC. County Counsel County Administrator rLr;IM'TO: BOARD OF SUPERVISORS OF CONTRA COE* AWICapplicationto: Instructions to ClaimantVerk of the Board 5,/./ /O M rtinez,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 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 KEVIN McLOONE ECEIVED Against the COUNTY OF CONTRA COSTA) JAN �T967. or DISTRICT) M (Filln name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 50,000 and in support of this claim represents as follows: ---- --- - - -- ----- --------- -- - - - - --- l. When did the damage or injury occur? (Give-exact date ani hour] On or about October 5, 1986, time unknown at this time. -- --- r ---------••-T-'T----------------- ----T�. ------------------ - W�iere did tFie damage or in3ury occur? (Include citand ounty ) Contra Costa County Detention Center, Martinez, California. 3T How did the damage or in3ury occur? (Give �ul� �etai�s, use extra . sheets if required) Mr. McLoone was detained as a prisoner at the Detention Center. While seated in the first floor TV area, he was struck on the head by a weighted garbage receptacle that had been thrown from the second floor tier by a person or persons unknown. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The garbage receptacles are heavy but are not attached to the floor or otherwise made immobile to prevent prisoners who have access to the area from lifting and throwing the cans onto persons located below in a television reception area located immedaiately below on the first floor. This present circumstance and situation has caused previous . similar incidents but the officers have not corrected the dangerous condition. (over) 5 'What are the names of county or district officers, servants or' employees causing the damage or injury? The specific names of those having knowledge of the dangerous condition are not Presently known, but include officers of the Martinez facility. ------- ---------T- --T------- ------T--------- -- --------------- 6. What damage or injuries do you claim resulted? IGive full extent of injuries or damages claimed. Attach two estimates for auto damage) Fractured scull and post concussion syndrome, and concussion. ------------------------------------------------- ------------------- -- 7. How was the amount claimed above computed? (Include the estimate amount of any prospective injury or damage. ) An approximation of the degree of injury and pain and suffering to Mr. McLoone. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. County Hospital. Other names not known. Detention officers, names unknown. --------------------------------------------------T--------------- made --------T...,---- �S. L' you made on account of this accident or injury: ITEM AMOUNT None. J� It a.. ... ***** tk*�rt�r�DR,t�+�rk.�klri.�r;k** OV Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by sonje person on his behalf. " i Name and Address of Attorney JAMES H. COFFER 4-- Signature 2151 Salvio Street Suite 201 Concord, California Address Telephone No. (415) 671-7534 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. " CLAIM County Cc)L,rnsel BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JA Nr. 16 i�o7 Claim Against the County, or District governed by) IMAC,10N the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Fe b rua 6,94961t7 and Board Action. All Section references are to ) The copy of this document wailed 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 note all "Warnings". CLAIMANT: DOUGLAS STEEN c/o Law Offices of Sullivan, Bottom & Dorn ATTORNEY: 17011 Beach Blvd. #1100 Huntington Beach, CA 92647 Date received ADDRESS: BY DELIVERY TO CLERK ON January 5 , 1987 BY MAIL POSTMARKED: December 31 , 1986 Certified P 551 173 164 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. p�ILdTCHELOR, Clerk DATED: January 15 , 1987 AT ty 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 X_ BY:, _ �.LSC��C_s{- -��ptputy 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 unanimous 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. p �I AO Dated: F L D 1 0 1987 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, Californid, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: FEB 11 1987 BY: PHIL BATCHELOR L�-L� b yeputy Clerk CC: County Counsel County Administrator 1 Law Offices of SULLIVAN, BOTTOM & DbRN RECEIVED 2 Charter Centre 17011 Beach Boulevard, Suite 1100 3 Huntington Beach, California 92647 JAIQ�1387 4 Telephone : (714) 841-9100 �+► ow 5 Attorneys for Claimant DOUGLAS STEEN 6 7 8 STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 11 DOUGLAS STEEN, ) CLAIM FOR PERSONAL INJURIES 12 Claimant , ) 13 vs . ) 14 BOARD OF SUPERVISORS FOR ) THE COUNTY OF CONTRA ) 15 COSTA, STATE OF CALIFORNIA, ) WEST CONTRA COSTA HOSPITAL ) 16 DISTRICT, and BROOKSIDE ) HOSPITAL, ) 17 ) Respondents. ) 18 ) 19 TO THE BOARD OF SUPERVISORS FOR THE COUNTY OF CONTRA COSTA, 20 STATE OF CALIFORNIA, WEST CONTRA COSTA HOSPITAL DISTRICT, 21 and BROOKSIDE HOSPITAL: 22 YOU ARE HEREBY NOTIFIED that claimant DOUGLAS STEEN, 23 whose mailing address is : c/o Law Offices of Sullivan, Bottom, 24 & Dorn, 17011 Beach Boulevard, Suite 1100, Huntington Beach, 25 California 92647, claims damages from the respondents, and 26 each of them, in the amount , computed as of the date of presentatic>n 27 of this claim, of ONE MILLION DOLLARS [$1 ,000,000.00] . 28 /// i x This Claim is based upon the fact that Claimant received 2 severe and permanent injuries as a result of. -medical-?treatment 3 rendered at BROOKSIDE HOSPITAL on September 30, 1986, a copy 4 of the admission records is attached hereto as Exhibit "A". ` g On said date, Claimant sought care at .,the emergency room 6 of BROOKSIDE HOSPITAL for headaches which were due to a fall 7 one week before. Claimant alleges that BROOKSIDE HOSPITAL, 8 and E. T. SMITH, M.D. , negligently failed to advise, care 9 for, warn, and treat said condition so that his condition 10 went untreated. On or about October 25, 1986, Claimant under- 11 went neurosurgery to relieve intracranial pressure secondary 12 to a previously undiagnosed hematoma which at that time was 13 causing midline shift of the brain. In December of 1986, 14 Claimant underwent a second operation for the above-described 15 injuries . 16 Claimant contends that all of the above were caused by 17 the failure of the hospital and physicians to provide proper 18 medical services. 19 The amount claimed, as of the date of presentation of 20 this claim, is computed as follows : 21 General damages in the amount of $250,000.00, medical 22 specials, loss of earnings, loss of earning capacity , and 23 future medical specials, as well as other damages in the sum 24 of $750,000.00. 25 All notices or other communications with regard to this 26 claim should be sent to Claimant as follows: 27 28 -2- 1 Law Offices of SULLIVAN, BOTTOM & DORN 2 Charter Centre 17011 Beach Boulevard, Suite 1100 3 Huntington Beach, California 92647 (714) 841-9100 4 5 Dated: December 31 , 1986 6 SULLIVAN, BOTTOM & DORN 7 8 By 'JOSEPH W. BOTTOM JOSEPH W. BOTTOM 9 Attorneys for Claimant 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PATIENT NUMBER PRIG... INDUSTRIAL M.D� EMERGENCY M.D. MEDICAL RECORDS NUMBER I Q 60132086-4 HYDN.R ER MDS. . 80-33-29 PATIENT NAME LAST,FIRST,M.) DATE TIME IN SE IEEE PATS Na STEEN,DOUGLAS 09/30/8 00804 EMR 5 Z ADDRESS CITY,STATE,ZIP TELEPHONE SEX RACE MAARITtAAL = STA 0 239 SANFORD RICHMOND CA94801 NONE M 9 M LL RELIGION BIRTHDATE AGE BIRTHPLACE ISIS EKE PREVIOUSDISCHARGELAST HOSPITAL DATE F.C. BROUG IN BY UJI a TE P00 10/24/44 41 CA S X V EMPLOYED BY ADDRESS CITY,STATE.ZIP OCCUPATION TELEPHONE HOW LONG RE T ERE !19 Jo SELF EMPLOYED EMPLOYED rFs O Q 'GUARANTOR ADDRESS CITY,STATE,iIP TELEPHONE RELATIORSHIP DOCTOR WILL CALL Q Z STEEN,DOUGLAS RICHMOND CA 94801 NONE g P.M.D.NDTIRED TMENT Q EMPLOYED BY ADDRESS CITY,STATE.ZIP OCCUPATION TELEPHONE HOW LONG�� m V) SELF EMPLOYED EMPLOYED TOED r: EMERGENCY CONTACT NAME ADDRESS CITY.STATE.ZIP TELEPHONE RELATOW ;PA STEEN.RENADOR ICE OFRCERS MANE/MD. INS PLAN PRIMARY INSURANCE COMPANY ADDRESS CITY,STATE.ZIP Coff00 MCAL ID ROUP M2767002 8-9/8�vv 1 oLICYP/LOCAL UNION A INSURED + PAT1555-66-9466 INS PLAN SECONDARY INSURANCE COMPANY ADDRESS CITY,STATE.ZIP GUARANTOR SS1 CODE MCAL 555-66-9466 IDENTIFICATION/SS 8 GFIOUP./POLICY VLOCAL UNION 0 INSURED DATE TIME REPORTED TO ACCIDENT SITE V RyT' D 5ACHE, HAS HAD I T FOR 1 WEEK NOW. PER PT. CLERKS NAME DJ ; AUTHORIZATION: CONSENT TO ANY MEDICAL OR SURGICAL TREATMENT OR HOSPITAL SERVICES RENDERED THE PATIENT UNDER THE GENERAL OR SPECIAL INSTRUCTIONS OF THE PHYSICIANS. AUTHORITY IS GRANTED TO FURNISH FROM THE PATIENTS RECORD REQUESTED INFORMATION OR EXCERPT TO ANY HEALTH INSURER OF THE PATIENT. I AUTHORIZE PAYMENT OF MEDICAL BENEFITS TO BROOKSIDE HOSPITAL. CONDITIONS OF ADMISSION: THE UNDERSIGNED. FURTHER AUTHORIZES THE RESPECTIVE COUNTY, A STATE, AND/OR FEDERAL AGENCY TO RELEASE ANY AND ALL DOCUMENTATION AND INFORMATION Y RELATED TO MEDICARE ELIGIBILITY AND/OR BENEFITS, MEDI-CAL ELIGIBILITY, AND/OR BENEFITS L AND PROOF OF ELIGIBILITY LABELS FOR BILLING PURPOSES, AND BASIC ADULT CARE AND/OR CONTRA COSTA HEALTH PLAN MEMBER ELIGIBILITY AND/OR BENEFITS, TO BROOKSIDE HOSPITAL f AND/OR ITS AUTHORIZED AGENTS. J FINANCIAL AGREEMENT: THE UNDERSIGNED AGREES, WHETHER HE SIGNS AS AGENT OR AS PATIENT, c, Q THAT IN CONSIDERATION OF THE SERVICES TO BE RENDERED TO THE PATIENT, HE HEREBY Z OINDIVIDUALLY OBLIGATES HIMSELF TO PAY THE ACCOUNT OF THE HOSPITAL IN ACCORDANCE 1 � U WITH THE REG TES AND TERMS OF THE HOSPITAL. O SIGNATURE X co i < RELATIONSHIP CL Z WITNESS X N VERIFICATION BY PARTY(466, 2013.3 C.C. P.) 1 STATE OF CALIFORNIA. COUNTY OF , 2 I am the 3 4 in the above entitled action or proceeding: I have mad the foregoing 5 6 and know the contents thereof-and I certify that the some is nue of my own knowledge,except as to those natters which are therein 7 stated upon my information or belief, and as to than natters I believe,it to be nee. 8 9 10 1 declare. under penalty of perjury. that the foregoing Is true and correct. 11 Executed on (date) at , California . oce 12 13 Signatrre 14 PROOF OF SERVICE BY MAIL (1013a, 2013.5 C. C. P.) 15 STATE OF CALIFORNIA, COUNTY OF ORANGE I am a resident of the county gforeaid,•I am over the or of eighteen years and not a party to the a4thin entitled action:my bwhtess 16 address Is: 17 Charter Centre, 17011 Beach Blvd. , #1100, Huntington Beach, CA 92 47 18 oa December 31, 1986 , 19 , I served eke wrthw CLAIM FOR PERSONAL 19 INJURIES 20 oil the interested parties In said action.by placing a true copy thereof enclosed in a sealed envelope with pottage therron fidly prepaid,In the United States malt 21 at Huntington Beach, CA addressed as fellows: 22 Board of Supervisors, County of Contra Costa, 651 Pine Street, Room 106, Martinez, CA 94553 23 West Contra Costa Hospital District, 2000 Vale Road, San Pablo, 24 California 94806 Brookside Hospital, 2000 Vale Road, San Pablo, California 94806 25 State Board of Control, 770 "g" Street, Suite 860, Sacramento, 26 California 95815 27 1 declare. under pendty of perjury. that the foregoing It true and coact. 28 Executed onat Huntineton Beach , �� ( are ice OXk eii-osv 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 February 11 1 and Board Action. All Section references are to ) The copy of this document mailed to you is yourno{� of 9 8 7 California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Goverml4,4 Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". y JAN CLAIMANT: JCH CONSTRUCTION, INC.. ET AL C/o Smith & Darst fvlartinez, CA S* ATTORNEY: A professional Law Corporati 1340 Arnold Drive, 9#126 odite received January 12 , 1987 hand del . ADDRESS: Martinez , CA 94553 BY DELIVERY TO CLERK ON 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. HHIL BATCHELOR, Clerk DATED: January 13, 1987 �Y: Deputy Z2&,�__� L. Hall 11. FROM: County Counsel 70: 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 91D.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: L� 4 i�� BY: '�t- '�-' L 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 unanimous 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: FEB 10 1987 PHIL BATCHELOR, Clerk, By �CDeputy 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, Californid, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: FEB 111987 BY: PHIL BATCHELOR b ��/,�1_146�Deputylerk Y C CC: County Counsel County Administrator RECEIVED 3 :37-p- OWL.A1CMElON CLAIM 014 oOituAPpWAS ..........A ^ January 12 , 1987 TO: COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA: JCH Construction, Inc. , and Willow Pass Asssociates, a limited partnership, hereby makes a claim against the County of Contra Costa, State of California, for all damages and expenses, including attorney fees, incurred by claimants as described hereinafter: 1. Claimant' s address is c/o Smith & Darst, A Professional Law Corporation, 1340 Arnold Drive, Suite 126, Martinez, California. 2 . Notices concerning the claim should be sent to Smith & Darst, A Professional Law Corporation, 1340 Arnold Drive, Suite 126, Martinez, California. 3 . The occurrence giving rise to this claim is the filing of a civil action by Your Warm Friend, Inc. , against JCH Construction, Inc. , and Willow Pass Associates, a limited partnership on September 12 , 1986, and the subsequent service of that Complaint on Claimants as defendants therein on or about October 20, 1986, and to which defendants have filed an Answer denying such allegations on or about November 10, 1986. 4 . The circumstances giving rise to this claim are as follows: in or about January of 1984 , Claimant, Willow Pass Associates, owned real property, known as 3024 Willow Pass Road, Concord, California, and had contracted with JCH Construction, Inc. , a general contractor, to construct a commercial building thereon; that there were no tenants who had signed leases for any part of the building at this time; and at or about this time, Claimants negotiated with Atlas Heating and Ventilating, Ltd. , to provide labor and materials to install the heating, ventilating and air conditioning systems in said building in two stages, first for all of the work prior to tenant improvement, and thereafter, to construct tenant improvements in accordance with the plan of subdivision of the interior of the building as submitted to Atlas ; after the work was completed, prior to tenant. improvements, Claimant, Willow Pass Associates, negotiated a lease with County of Contra Costa for the entire building; pursuant to that lease, County of Contra Costa submitted its own specifications for the interior layout and for the heating, ventilating, and air conditioning system as part of the tenant improvements, and this work was completed in or about June or i July of 1985, and at or about this time, County of Contra Costa took possession of the said building as a tenant; continuously since such time, County of Contra Costa has maintained that there are deficiencies in the heating, ventilating, and air conditioning system, and has claimed it is not satisfied despite repeated service calls to the premises; a company by the name of Your Warm Friend, Inc. , claiming to be a successor in interest to Atlas Heating and Ventilating Company, Ltd. , has filed a civil action in the Superior Court of California, County of Contra Costa, Case No. 291018 against JCH Construction, Inc. , and Willow Pass Associates, a limited partnership, claiming that it has not been paid in full for all of its services in providing labor and materials to the project for the heating, ventilating, and air conditioning system, and has filed a Mechanics Lien against the property creating a lien thereon. At this time, pending further discovery, these Claimants allege that Your Warm Friend, Inc. , has been paid all that is required to be paid, and that the problems with the HVAC System were caused by said subcontractor, but these defendants have not fully ascertained whether their problems with - HVAC System may result from the specifications required by Contra Costa County, or the use of premises made by Contra Costa County; accordingly, Claimants have a claim to present against Contra Costa County herein for complete indemnity for all legal costs and expenses and judgments that may be incurred by Claimants in the civil action filed by Your Warm Friend, Inc. Accordingly, Claimants damages are not fully ascertained, but will be the subject of a cross-complaint for indemnity and also for declaratory relief concerning the respective of rights, duties, and obligations of the parties. 5. Claimants ' damages are not fully ascertained at this time, but will include all expenses, attorney fees, costs, judgments, - liens, and other obligations arising of the claims made by Your Warm Friend, Inc. , in Superior Court Action No. 291018 through the date of final determination and disposition of the matters claimed therein. 6. The names of the public employees causing Claimants ' damages are unknown at this time but involve personnel and employees of the County of Contra Costa involved in the Lease Management and Tenant Improvement Design divisions of such county. Dated: January 12, 1987 f 7 W ENE i .R. SMITH Attorney for Claimant 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 February 24, 1987 and Board Action. All Section references are to ) The copy of this document wiled 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 hoverp�ent Code PtY Amount: $2, 743 . 27 Section 913 and 915.4. Please note all •Warn gs . Counsel CLAIMANT: FARMERS INSURANCE GROUP CLAIM NO . 19053 JAN 2 r, 1987 Branch Claims Office Martinez, CA 94553 .ATTORNEY: 1660 Challenge Drive Concord, California 94524. Date received ADDRESS: BY DELIVERY TO CLERK ON January 16 , 1987 CAO BY MAIL POSTMARKED: January 12 , 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. l!HHIL ATCHELOR, Clerk DATED: January 26 , 1987 81�: 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 i C .�_ �l-' � �/ BY:�. f- �_ int--4"uty County Counsel v 11. FROM:. Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). V. BOARD ORDER: By unanimous 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: FEB 10 1987 PHIL BATCHELOR, Clerk, By /✓l_ Deputy Clerk WARNING (Gov. code section 913) bject to certain exceptions. you have only six (6) months from the date this notice was personally served or posited in the mail to file a court action on this claim. See Government Code Section 945.6. i may seek the advice of an attorney of your choice in connection with this matter. If you want to consult attorney. you should do so immediately. AFFIDAVIT OF MAILING leclare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the ted States, over age 18; and that today I deposited in the United States Postal Service in Martinez, ifornia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to Claimant as shown above. FEB 111987 ��"P���Ieeputy ed: BY: PHIL BATCHELOR by . Clerk County Counsel County Administrator THE Farmers Insurance Group .F COMPANIES BRANCH CLAIMS OFFICE 1660 CHALLENGE DRIVE Dole: January 12, 1987 P. O. BOX 4035 COUNTY ADMINISTRATION BUILDING CONCORD, CALIFORNIA 94524 651 Pine Street , 11th Floor Phone: (415) 827-1186 Martinez , CA 94553 ATTN: BILL BATCHLOR IN REPLY PLEASE REFER TO: OUR CLAIM NO: B2 19053. Our Insured: H.W. Pease Loss Date: 11/06/86 _ Dor Policy No: 96-10881-62-31 JA;;I1 Accident Location: Pacheco Boulevard , Martinez, CA 98T Total Amt.of Claim: 2,743.27 fA (Intl.Our Ins. p� Deduct.) r A review of the facts of the loss indicates that our insured is entitled to recover damages from you. Therefore,we have the right to make claim for these damages in our insured's behalf. This letter is to notify you of our subrogation rights and to advise you that no one has authority to give you a release for our interest except a representative of this Company. If you carried liability insurance to protect you for such losses, we shall present our claim to your Company. Please complete the following information and return to us. Insurance Company Name: Policy No. Address Name and address of Agent or Adiuster If you did not carry insurance, please send us your check for the amount due. If for some reason you are unable to fulfill this obligation, please complete the agreement below and sign it. ❑ Monthly I would like to make ❑ Semi-Monthly payments of: $ to fall due on the (and ) day(s) of each month beginning MONTH YEAR Very truly yours, Signed JANETTA ST. CHARLES OR MICHELLE LA VANCE SUBROGATION CLAIMS 23-0386 9-821301200isT PRINTED IN U.S.A. WE ARE MEMBERS OF THE INTERCOMPANY ARBITRATION AGREEMENT . . �:• . . ;:;:: s;' :; r i .: •`' i`• t.'Irl:;..>>:.A.,S. �. - - •j is)` d, ,.t,; "1Tr .:'r :.k:. 1. �. : 't. fir. ;'r ... 4a•::', d': yy in- . t: - ^r. :� r. :�:. ' •;'' 1 I h {._.. ; ... ,. . -..:1 t? �: 1'f .::: i' a' `S• T i'::{ y ,r 1f .i! •t } :�.. �,:' r>. �t 2 t'. .F' 1!'` F ';i' :$ 1 a. �. r• v f' r7 1' { S 4 r� tom. !7=: 1> Tt` - ".IR ,1 r3 b.'' V t T` : r`: f ,A* J' i e 1 % .r�:'�:.. % :i,.: aill ,y . Al ', i:t'•F T, rr �. i : _ _ Ver• '"' Y : . .,.. � .. - ., , .9 JI', .,; . '' "ids ...§�:;a;P .,i +'S ;5.7P .. j' ri'a7j�"'t .r• ':j. 1' �.'S y -'i.' j'''. •,s.:.,a`."�,. .'Y►,% . .. ,_.--:..L�'t ii��.��--_---- _.�._.__,. ._.._.._. 'imay—_��-- _..!`Ii.�:�l�,.i; - - t' .l •3. °�� ,—Tr"°mom FARMERS , : .'LIRANCF' GROUP OF COMPANIES 11-57 . ..'' ( I I I 1 I 1 -1• PLEASANTbN.CALIFORNIA 91 E 11 01 61 8; 1 C:: 31 �2�0 1 r�t�y `•(�1 rir:, 0..-.cr Tari:.. Cv+h T:vo In+:,rsd. ��� 1 1 I fi 6 2 (�l Pcr ❑V,ter e ❑ $VpPI ❑in lieu ❑Dad.War.w m.Ua:. ir,.Ur Ck.r„Na. "ft Nom•d,merad- `. 2 2 b 8 5 a, Fc,,en --`��: z: rE�.:� i �•_t: I 118 Trv:k �_T CLAIMS i.r.';Ca' Cl.Unir C.W 4• f'a i P Al;xn::" Cb:monf IOn T—irp I-,r,,show Ca•D..c 6 M.I.T In ti.boa; I Cal.c" . DRAFT �ca.. .rC ar lo++ Lily ;rl I . ' .. ❑7 Firs I(iX.li •O 6 At.C. ♦.••o y F ❑4 Mr .':(; •'�' .- ... Nor,ws . �r.'Ie:fi Tm. Avro Cd1.1 nn fin Glv.. r•'•' �1d Wind Mail :alo-1 Earth, �.�� �1O MIK. Cw^r L vD. __ Collision fomprehen.iv. a, ® 1 Iso Ihn a a paakL ❑5 M_• T . .) ' 1-r:p� OS 51 ie 7C 11 ciw t , ,, ..., .Y 6 6—j--6 7 ----- 0 { PAS' *,r1G TSGUSr`iNn '-I'VE HUN RED N'TII TY THtRcEf: A�1Dp�I�r���D¢*2��--? "' . .is.° NOT NEGOTIABLE cuu acc,No. IC - -i r� Div. To '�'$SiTh� VALT�EY FORD* NE"L�L 3229_''--! £ 2 8 5 Di 8ER - ."lord IIl v � VOID AFTER suc MONTHS Z 2 S 6 b 8 3 0 UwTC M. .I . . -j N OF • COhC0ni , C-A 9 4 S 2 G r 1 1 - 1. . ' ' ,-; Payable+—gh ,CLAIMS REPR SENTATIVE SIGNATURE �� 1 '. fiRST INTERSTATE BANK OF COLIFORMS-- -.-. �Fr�-c -__- ...._. ...----- __-_.._.._.-_ F. ._._._ : . $790 sran.ridg.Mafl Rd. v 0 D:.,_ pp Si3Eiji�EY LA DUK8 -- . .. ;I- Pl.trwnlan,Cdif 4536 De nm fold,�pindie,staple w muf+'bf.e __ _— _- - I,CH FJ '_� 1 "t' •• CORRECT;0N CARD MA-'E -) YES -. F:'7 �IL U Tf - rv: o Your Regional Office. . 0 b �. 5: �. is r art '4.. r,'fj`', ia-•!'....Y' 5•d;�'.'r _*;:' .. .1 ri:�' , ..:.• ,t .,...r:. T �' +i+ y.. :t, �. L . r , . .I IT`,i,.. .. t', ,. Y , ..r ..r' , , .. eA r ::' y lF w.. J' Y J.. '.t -'J� f r .. .:I,r.. ..If....' . iii, 'i� ' k': Y: '7 i. .r.: '1 •. t ,►••:ee e'r _.�. i.'.: : +�.: f. .p. ti -i. 14 . -1=' - i - .� .. ... :':• c. t.. ..r' ; •'• 1. .>. %'- E it :y; �• o. �'l r:.. j.:. �.i. 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"�. fl r�: •,r.: .:'! r j-"••"til.: - fi t 1' �i 7'-�:t•. ;1• •AFI •r f t:V y., at.. i" i''' ) ': `I _ ' Y.• . .. .. .' v.. .., .. .. ...-:..: . .• :•- '.:5. ;..L w.- 4:: i.. <. y': 1• :,.. Yr: ;:i +.:. \{:' :.. .. . �. • 'It s _ • :r: .. Yom. ..• .. - r . r...._ �.. .. :'. P.. F. V. } T :i. r. T lP' �' h. r r•�. .�' - r z' „.,. 1. �.. `:i t }• (• !A: _ ,E •11. ..'i... - .,:i,.: ': (.:, T+ '�r �: .1'Mr .r' ?' :. 'r. .:s.. �.. A. .ti t -:41 Te...•.. . .. .. .. ..• r.... . . . .- . :M�C4=•'!•._ f ,i'•. :. _. .. .. . ..r a,ii'S.. ;., RENTAL AGREEMENT -�-. : ---- ---� SUN VALLEY FORD INC. _ -A-CAR 2285 Diamond Blvd. . Phone 686-5000 RENT I___--_._-..-----_-.--- CONCORD, CALIFORNIA 94520 NO. 13'37 AUIHCM:ZED SYSTEM MEMBER USTC'•+E;NAME VEHICLE NO LICENSE NO <A -- --"- � __ -- is("„i::5 YEARCAR LINE ITHUCX SERIES) MODEL AND COLOR -"i STATE ZIP CODE DATE AND TIME IN SPEEOOMEIERIN ( AM PM !,Q STATt EXP.DATE DATE AND TIME OUT SPEEDOMETER AM OUT PM __. ��_��o�l.��s__ CC=Com- �O t Z \ ,!RT: pA+E Svl!a!SfCURIT'Y r.:� HOME PHONE MILES DRIVEN DATE DUE 6'sf- Expiration of Contract A;L'JriaCi •%ARE�S PHONE MILES ALLOWED _ �E-30-7 Aim f M:'L O'f a PO Si7;;)M CHARGE ABLE MILES \� PM EM^LOSER S AUE;RESS PHONE '- mg- HOURS PER HOUR 3 CJTV//t/f•/ C/�-C-STATE ZIPREFERRED BY DA /UL02e D n4q o o��10 Customer will not under any circumstances surrender the use GAS _ of the Rented Vehicle to any person other than those listed MONTHS(11s $ below or in Paragrzph 1 of Page 1. Operation of the vehicle OUT IN by any driver in violation of Paragraph 2, is prohibited. If none, F I R F R MILES t PER MILE s print NONE across this section and have signed by Customer. E E E E TOTAL MILEAGE AND RENTAL CHARGES f NAME AGE +A 'A +1/3 '/t • '/1 % 3: 3/i GAS f F __.F. .F-_--F_ SUBTOTAL NA..VE AGE ' ACCEPTS COf.1?REHCNS�IIIIII'}}}}}}VE/C�L�iS10N DAMAGE WAIVER JO.K. RATES �'�ER DAPER WEEK75I DECIiY?SSUBTOTAL 7 By his/her initia.s, Customer accepts Dr declines ComprehensivCollision Damage Waiver at the rates listed above. If CustomDECLINES to Purchase the Waiver, he/she accepts fu =– SALES TAX ssibility for all loss/damage to the rented vehicle up t ySUB TOTALper occurrence regardfess of cause. ''VEHICLECOND1T'ONSPCUSTOMER LESS CRE0175 JAINITIALS OI)T — >t IN TOTAL CHAR;£$ A+ MARK'S LESS DEPOSIT � r• CASH REFUND CUSTOMER = INITIALS CREDIT CARD IMPRINT AF DC CB VISA MC OTHER_-____—__ __.--_..._ WARNING: 1 . Read carefully all driving and use restrictions on the reverse aide. 4019 0125 _113b 6020 • You are responsible for all traffic violations and must turn in all summonses upon check in. 08/01 /86 07/ 37•CV • Report all accidents immediately. Customer has read both sides of this agreement and agrees to K A T H R r N PEASE the terms and conditions thereof. Iii 4 Customer authorizes Licensee to process a credit card voucher, if any,in Customer's name. Customer may be prosecuted if vehicle is not returned when due S'."+ Y r Y r" k' back. .14 1 A, THIS AGREEMENT SHOULD N07 CEED A 30 DAY PERIOD. ea DRIVER H[ � WbIAV OR.SARHEAD DAMAGE V CUSTOI•'IiR SIGNATURE AND DAMAGE TO LIFT GATE E TES TO ADDITIONAL DATE INITIALS CASH 1rI1OSIT s E TEDD G Ann IGNAL DATE INITIALS CASH DEPOSIT 1 DATEI CHECKED OUT BY: CHECKED IN BY: PREP-I1ED By / - 102 96863 NCRICK PAGE 2 _ . v ;. do b !�'� SQ�O?3� 2�fiOJl �O� Adak SIHI PI1�/l38 :a31NOlSIb� ails S31�S � is tl 5�'1 I t? 1 9 b s r :•la:twdV ap uw uuSa7!.u Rn e{ r� h'!OlOVn[ :;.4a W ,cat•�1 x..1 Ord 1Y a eufd I mtq. cr aperL, • .: � .. "-: n � 1 1 BfiS _ .�0 � yautt:_yvaf�,s"mt.rsu:'rowa:�OmoaYogO Arngy a'�.v; � }! 1 C'.�.: �:' - �.•+ , � � ..��.0 O b '� . • � �� �. 020 �El.l� S2T0 T 0 ' .. a.;ry.,e, e I m�� r.•y�s�,vs orc��,buv:'yJr+llnv �v� ., :r fiNbH- 1 --"+,•'y�rT. ST.:?LF - -- -rr-r-�-r:.,:.?: - .i•±rac"^,`�:' -__ •i�:.".1 :-_''..,^_.,:.i•. .!•;: �-�'vt`r'r,4 ti a<r i ti. } 'r.• T• - t M1a •.i •T. r'Y�l t,s X �i ,'J 1 .'g •e'er ,y .t - - i�.��: �1...Td�•�.'�:,. .+7t',.` - :A:. .'a`(., ::r" ,ri'�..f:'.!'�w n1�.7i':....._.i:e . .;:•4-r��'-::'r;; ������.;e'er:: � ��':�, tii..• .4A' "''"'►t� ;x•+"` -----� SUN VALLEY FORD, INC. 2285 Diamond Blvd. Phone 686.5000 NO 68244 �f •" iq t" G:aIt - :r CONCORD, CALIFORNIA 945205774 .47 LK , -to ,; 1!! ;;s. ,�•'t ti yar.= t. SUFI VALLEY FORD, INC. r Thank YOU , S.. f i' `J• r[ 4 !' yt al. ,i b .1is k S' r.t =rte` ..:• 'i a - �. •ti Z. .1 +4 f :.k. JC. ter' i',•r`' _ -,. ,}'. Y,s•. `Si':i': '-�:- _'f•; 'LYS 1'.f. 4 •r - _ t' - . t � s r� ` - f+ Z• - (t r -r i..F 4' x.. S �• y r. ':Nf.'• i r-: 7' " r ' y : 1 i .•r .r r: J{� ••Y y t pp•• I�:r r' •� E •f' .I' I.A. t :•i'Y 1 TM L •'0.�� Fr'- 1�' 7 •L r_ ..1,• r 'M 4•.1 _ d , • .. �. itifiui. uit:: � ;` .1u1k.; � v1 C;Vi3i'iL�' Vt t1t5iY1(r . Ui���:j�erS , servants 'or - `- • { employees causing the damage or injury? See C.H.P. report, - -- ------------------------------------------------------ 6-.--Wh-at--damage-------or---injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See Claim frau Farmers Insurance. Plus cost of car rental for period of repair. ----Plus $150.00 deductible-paid by insured_--- -------- --------------------------------- 7 . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Sec attached. ------------------------------------------------------------------------- 8 . ��ames and addresses of witnesses, doctors and hospitals. See C.H.P. report. ----------------------------------------------------------------- -------- 9. List the expenditures you made on account of this accident or injury : DATE ITEM AMOUNT 11-07-86 - 11-26-86 car rental for period of repair on $405.52 damaged vehicle (car necessary for work) Govt. Code Sec. 910 . 2 provides : "The claim signed by the claiman SEND NOTICES TO: (Attorney) or by some person on his behalf . Name and Address of Attorney _ Claimant ' s Signature 2307 Ri%,orvie'.i Address Ccnccmrc3, CA 94';7n Telephone No. (work) 228-3077 Telephone No. ._..(hcxnA•) 689-5491 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. " ..V�'•�.a iv • • , u .. .. ... 1.. .. a.. .,v ... ry. .. .. . .. .. Instructions to Clairiant 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 I'll , Martinez , CA) C. If claim is against a district governed by the Board of Supervisors , rattier 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 acainst 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 Herb and Kathryn_Pease ) } Against the COUNTY OF CONTRA COSTA) or DISTRICT) (Fill in name) } The undersigned claimant hereby makes claim against the County of . Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follo-:,s : 1 .- When did the damage or injury occur? (Give exact date and hour) 11-06-36 @ 10:00 Am -------------------------------------------------------- ------------- 2 . Where did the damage or injury occur? (InclLde city---and- county) 2600 Pacheco Blvd. , Martinez, Contra Costa Co�rity ------------------------------------------------------------------------ How did the damage or injury occur? (Give gull details , use extra sheets if required) Automobile accident. 4 . What particular act or omission on-the part of county or district officers , servants or employees caused the injury or damage? See C.H.P. report. (over) THIS i:':5 i"U M'': NOT AN AU 1 P:ii;.`.:; TO RE A4 SUPPLEMENTARY :=Pu,.' MUST BE INSPLC .. E BEFOR _. •-� r.T'i A Or C . v? C T L. iTHIS INSTRUV;Ei :T ncHAv NOT AN AUTHO' TO REPAK r.. —�.=r.. KPLACE _ 1"AMOl {•::rL!-; i:.: I =_ASOC;M =.MA-- REPAIR E SUPPLEh1E��i;kR`. P"�.•.. KkywoMa .; _ .•.�m _ 0 ..R_..-. MnCr MUNRCIPT._-. PR IOP CAME 41UST BE INSPEC T c,_ ! EFCP.E RE-'.A'R 102s 75M 4Tn 4 0500 GEM.; VIM M07 Q DO (ter _ A c ml' _ ; PnCN, i7-, POP7 NO . MOE AM IIUi.R .. r:,Pi _i._ .:Y'J^s -:'Mr. y7 Mi-I.T.F-!i'ri! r`v'^i 2. 55 1 f'._D . . . 0 SID . Lik UM5425 .90r 4 .2 . tide) Loo —:r,_.. 197MA3.=00A 1 . 04 0 1 Mo7 w s , ...HA s..Kpo . . AT i .,!lNl_1•i1 PART 51 . 010 1 51, ub m:tit- ,Nrf Dump L' F rOZ17AR14A Moo i nv 1'5 Dou :-INF gin EMU; PT I: ?i MA';t4G Q . 5c. k 1 YE P512 VFTLJEAYBUMPL . `.:`;ClMY F'AR 125 . 00 1 HAF Tlkr=AP AXLE PT ;i1R;7423417 00 . 00 ? Aa so& PT M71007! 37 . 4D SWIT D O L 7. ECOM4 QsRT 12 . 001 •.._,_ - .. PAT Al..IM-i 3. 0v 1 THIS INORL!'',°,M ... -- L.i.. i I•;rf'i L. ii._i=.^._. :ir=.:...M. J'k ..�.Jl A.,N' TME ' MMET TG._ CCONOMY PART 50 o0v 1 MUST BE IN`_; E _ i. r r'r"�Il�i ji! 7 . 5* 4 BEFORE Ri!'A V"7- THIS I NS F",1 N 0 T ACJ A! TO ",UPPLEMENIIA MUST BE INSPE & BEFORE REF,',. L-20 3� 4C, M 7 F- 80 J 20 00 7 7 /A�10 il,.- L 1 2,51, 7 THIS 1 N S T R U t 1 L'D LC... ?i1'=':: .._ E; __'. '_ 1f, ii is 1`401 AN AUTHORi7, TO REQ-,.AIR, ._._._._._...._..._._._._5 S U FP L cl!v'i E Il T ARY R M',!ST BE JNSPE_l C f) BEFORE Ti i�JT P.1- INOT TC' .. B E lNS BFF-C',RV R"� r may- \- !�• .:�t�+�� fO. ti.. 1 lid INC, dba ,:. . . AMER TO ,. . Irow it 8122 (4151 �$2 y CONCORD, 94518 981-A BANCROFT ROAD, CA DATE '• .�.. ACCOUNT NO. .. _ •.•t•,'"i ' NAME ;1 %t r' ADDRESS - �/ f k'(!i.�E . � P.M. CITY TIME�� TOW REQUESTED 6' LIC.NO. •jscq'�' % r' YEAR •- 'MAKE 'O ":•' V,I,N.NO• FOR.1UNK REPORTED ON AT. CT.G T. COLO'r:.. C.G.D. C14ARGE E CASH VE SHAFT PULL DRI o AR 0 DOLLY LJ F ROI ,:�, •�`+lFL:-. 1 - 1. _ \ , r RCM' _.._ - STOP M .. LABOR' 'i, .� •,r ��,'...•, - START Y.::l. ' START LE1N a, t'I TOTAL . . •^y: '.,�::u�•,',., . ' i:1PLETE LEIN .; ADV ANCE CHGS. 70, • +.� ��`-.'i I.M.:' ST AGE: F RC... gFTER . ' HR, •Jt, :.:in.il�:.".'•i; i� !�•`' r�'l DEL.GAS `Iti,.r• �.�..� a'1_'.,..:.':. l.-i RELEASE �L Y .:il•tt l�'•7+�'i:-' { BRICGE TO' ❑ DEAD BATTER TIRE CHANGE TOTAL ..a..:. y .. .. ❑ SERVICE r •. ��;:;i..�,, RECEIVED BY • a. .. :;:;�`����, ;r'Q,:,,•.;: �,:..':r( � 1. ::']r'!r:'z•l,;��• 4,:�±;'..J •:t >�}(�. L.Ji T.O. 'E R,SHIP NO. DRIV EPS LIC.NO. :. R.O I N DATE MEMB CUSTOMER COPY £ T,D E VICE _ ,;1 , `y _? HO p pi�� �.1'•, :(� r'••-:?i,��.� !7 kPIRA r, UN S � .., �:{�.-'y, ,'�h.W[iP'.fi'"y.:. ale,' .Y :T� •'t ...� .f`: .��: - ."t• ;'r�'.' `i,' � t., �R :7 ' t y t� is ti .R 1' .i. X .s t _ •r J� 'Y ,j. i 1 r- a• 1 t tial.: fI :':i �6' '..t:ti. ;.}...'.1:'.' ..1., './rtJ•Si t, ii;� rL - e 'i f. 1. e 4 3 • t' :6�• h' •a. ''i�::••r I. : �•r .� :F..� p rc•..... r'. •i t •f .. .i. j r" { 7 .. 'Y�' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOAR_ D ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 10, 1987 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 Supe isors (Paragraph IV below), given pursuant to Government n Amount: Unspecified Section 913 and 915.4. Please note all •Warnings" C C4nSe1 CLAIMANT: CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE Be P. O. Box 5001 Policy # C50310-8 ATTORNEY: Antioch, CA 94509 Date received ADDRESS: BY DELIVERY TO CLERK ON January 15 , 1987 �3 BY MAIL POSTMARKED: January 14, 1987 Certified # P316 057 842 I. FROM: Clerk of the Board of Supervisors -TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 23 , IL BATCHyLOR, Clerk 1987 �d: Deput L. Hall Il. FROM: County Counsel TO: Clerk of the Board of Supervisors ( �t 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: a Dated: �::x-eJ"" BY: �Oeputy 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 unanimous vote of the Supervisors present lam) 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. FEB019872,L-. 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 leposited in the mail to file a court action on this claim. See Goverment Code Section 945.6. ►ou may seek the advice of an attorney of your choice in connection with this matter. If you want to consult in 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 Inited States, over age 16: and that today I deposited in the United States Postal Service in Martinez, :alifornia. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to :he claimant as shown above. rated: FEB 111987 , BY: PHIL BATCHELOR by �—C-- `Deputy Clerk :C: County Counsel County Administrator * assi n ment of claim and RECEIVED subrogation agreement JAN L51967 I n.consideration of the payment to the undersigned of ❑ the sum of 6 He ❑ a sum estimated to be Dollars, being the full amount of loss and damage insured against under an automobile insurance policy, number C50310-8 issued to the undersigned by the CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU, said loss and damage having occurred on or about the 3rd day of December 19-16— the said undersigned hereby assigns and transfers to said Bureau his said claim in the above amount plus his additional claim for damage resulting from said accident, not covered under said policy of insurance in the amount of$ o ❑ a total p y `� , constituting claim ❑ a total estimated in the amount of $ Said Bureau is hereby subrogated in my place and stead to the extent of the above amount of the said total claim and is hereby authorized and empowered to sue, compromise or settle in my name or other- wise to the extent of said total claim for loss and damage, and to endorse in my name any check made payable to me therefor, and collect and receive any money payable thereby. The undersigned covenants that he has not released or discharged any such claim or demand against such party or parties and that he will furnish to said Bureau any and all papers and information in his possession, necessary for the proper prosecution of such claim. Dated at� this day of 19 07 WITN F1433 (REV.7-77) Claim. For Damages In accordance with Section 910 of the California Government Code, this is to formally place you on notice of our subrogated claim for the loss.described below. Date: January 13 19 87 Contra Costa County Clerk Board of Supervisors 651 Pine Street, Room 106 Antioch , California Martinez, CA Claim is hereby made and filed against the Contra Costa County as follows: IName of Claimant: California State Automobile Association Inter-Insurance Bureau Address Of Claimant: (Send notices to this address) P.O. Box 5001. •Antioch. CA 94509 Date of Occurrence: 12-03-86 Place of Occurrence: Fairview Avenue, Brentwood, CA Nature and Amount of Damages Items Making up said Amount: Name of Public Employees) causing said Damage(if known): Dennis Mallory Facts & Details: Your employee Dennis Mallory, Contra Costa County Sheriffs Department, made a left turf in front of our Insureds, damaging his vehicle extensively. C Led C California State Automobile Association Inter-Insurance Bureau Br Y• F1688 (REV.5-78) r / - 0 E C 10 19 8,6 [TATE OF CALIPOILNIA: • /t. /�/�t7' - - TRAFFIC Cot LISION REPORT PAGEAPtaATK� a's CIAL C�{'�DIT IONS O.INJ Uw Ep N& w CITY JUDICIAL DISTRICT NUMBERc /N_.�� L��J'�� FELONYUt U .nlNO.KILLED w d w couNTV • w[FTING DIfTRICT B[ATr) El enyrZ4, COLLISION OCCURRED ON //V' MO. DAY YRTIMI (=Aoo) -CIC NUMBER0 1.f.�!PEU , u --------------------- iz 3 .20�a MILEPOST INFORMATION INJURY,FATAL OR TOW AWAY STATE HIGHWAYES NO 0 TE U FEET OF MILE PO{T IE O/ AT INTER{R CCTIPHOTOGRAPH{ . ON WITH 1 f A: 7(_,- I(ET/MILES / OF 7A/ V!S E NO PARTY NAME (FIRST.MIDDLE,LAST) OWNS R'f NAME SAME AS DRIVER D V STPE[T ADDRESS HOME PHONE OWN[w'S ADDRESS SAME AS DRIVVEER. / C- n ///✓JET n C -RDE f- CITY/{TATE/IIP ■UsINass IMON[ DISPOSITION OF VEH. Oh ORDERS OF TRIAN /l• 1 4 /,/ El OFFICER pRIVtR OTNCR ►ARK[D DRIVER'S LICENSE NUMB[R {TAT[ BIP TN DA TC {[X PAC! IRE CTION OP ON;Ar♦��f (fTR![T�R MAiMgFAT) lspzKD LIMIT Vs. / MO. DAY VR. TRAVEL I _? 33 M - SC1i ■ICY• Va..To YA-K(S)/MODEL({)/COLOR(Sj ' LICRNSE c.(s) f TC(S) CHP USE VEHICLE AMAGE—EXTENT/LOCATION eLlfr _ C %C� ONLY 1 1���I, 0 • �. VEHICLE TYPE CJ MINOR Z.MODERATE El MAJOR �TOTAL OTHER . . . . PARTY NAME (FIRST,MIDDLE,LAST) OWN[R's NAME SAME AS DRIVER .2 Iv � L• �•- — IVR {TPRET ADORES• NOME ►NONE OwNRR'S ADDRESS SAME AS DRIVER / U 4- 63-1 307 Pe DES- CITY/STATE/ZIF BUSINESS PMON[ DISPOSITION OF V[H. lo, ORDERS OF Tw 1 A M 1�-�I1 zr /3 - O OFFICER DRIVER L OTHER PARKED DRIVER'S LICENSE NUMBER a� STATE BIRTHDATE! SEX RAC[ DIRECTION OF o"S" f(f TR E ET -y-) /FEED LIMIT VEH •9 MO. DAV YR.. TRAVEL _ .. e w - 50 BICV- YEN,VR(S) MAKR(S)/MODRL(S)/COLOR(S) License NO.(S) - - STATE(5) CMP USE VEHICLE DAMAGE—EXTENT/LOCATION .:-._ .. .. CLIfT J��E oNLrEl - s, Vw. . j,[r7'- �y� VEHICLE TTP MINOR ji�YODEPATE O MAJOR, 0 TOTAL OTHER IS PARTY NAME(PINST•MIDDLE,LAST) .. -. .. OWNSw'S NAME - SAME A{DRIYER - - -" • DRIVER STREET ADDRESS .'.• _. ... NOME IH OME Ow N[P'S ADOw Ris SANS AE'DRIVER ::....._...�....._ ......_..... .:.-..:.1...... ...... IEDES- CITU/STATE/i1I BVfINES■PHONE DIi PO fIT10N OF VRH. ON ORDER{OP TRIAN OFFICER El DRIVER �OTHER PARKED ORIVRR's LICENSE NUMBER STATE NIRTHDATE self RACE DIRECTION OF ON/ACROff (STREET OR HIGHWAY) SIEED LIMIT VEH•. MO. DAY YR. TRAVEL BICY- VfM•VR(S MAKE(01/MODE L({)/COLOR(S) LICEHSE'NO.(S) STATS({) -CMP USE VENICLE DAMAGS—EISTENT/LOCATION CLIsT .. ONLY • - - - '- - - • - VENICLE TVP MINOR D MODERATE O MAJOR O TOTAL PARTY NAME (FIRST,MIDDLE,LAST) OWHER'S NAME Lj SAME AS DRIVER i DwTVRw STREET ADDRESS .- HOYe PHONE OWNS R'S ADDRESS SAMEAS DRIVER IEDRS•' CIT-/STATE/ilI ' .Duslfass PHONE Dior o SITION OI YEN. ON ORDERS or TRIAM .. _ .... - V .... .. _ OIII[ER 0 DRIVER O OTwtw 47ARKED DRIVER'S LI CE hSE HUMBfft "BI :�'" • (STREET OR M HWA ) Et 1 STATE 'SSSS RACE DIRECT' OI ON/ACRO L (tT IG Y - ff Dti MIT - VEN.. MO. DAY VRTNOATE'R. ..TRAVEL . DICT- YEN.YR(S) MAKR(S)/MOOEL(S)/COLOR(f) LICEHfE o.(s) STATES) CHP USEVEHICLE DAMAGE—EXTENT/LOOCATION NLY CLIET V<HCLE TVP El MINOR r) ClLl MODERATE MAJOR C�TOTAL OTHER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHP 555—Page 1 (Rev 8.84) OP)042 85 93651 STATE OF CALIFORNIA TRAFFIC COLLISION CODING PAGE ,Z DATE OF COLLISION' TIME (2.00)c 'M CIC NUMBER OFFICE" I.D. NUMBER Mo: 2 DAY YR. .K2 ,320 Ir.. vs- PROPERTY DAMAGE DESCRIPTION OF DAMAGE - Tr - h'?� A FY 1r7. OWNER'S NAME/ADDDD/R'�.�%gss� 1;5 OTIFIEDEj NO VIOLATION(S) PARTY 1 PARTY 2 PARTY ) PARTY A CHARGED PRIMARY COLLISION FACTOR TRAFFIC CONTROL DEVICES 1 2 2 a TYPE OF VEHICLE 1 2 7 4 1 MOVEMENT PRECEDING (LISTNUMSER(0)OF PARTYATPAULT) A CONTROLS FUNCTIONING A PASSENGER CARjSTA.WAGON COLLISION • A SECTION VIOLATED: B CONTROLS NOT FUNCTIOMIMC• B PASSENGER CAR W/TRAIL[. A STOPPED Po C CONTROLS OBSCURED• C MOTOR Cy CLE!SCOOTER B PROCEEDING STRAIGHT • 8 OTHER IMP.0FE4 DRIVING' D CONTROLS NOT PRESENTfFACTOP D PICKUP OR PANEL TRUCK C RAN OFF ROAD E PICKUP/PANEL TRK W/TRLR D MAKING RIGHT TURN C OTHER THAN DRIVER' TYPE OF COLLISION F TRUCK OR TRUCK TRACTOR E MAKING LEFT TURN D UNKNOWN• A HEAD-ON G T.K/TRK TRACTOR W/TRLR F MAKING U TURN WEATHER (MARK I TO 21TEMS) 8 SIDESWIPE H SCHOOL SVS G RACKING A CLEAR C REA. END I OTHER SUS H SLOWING—STOPPING B CLOUDY D S.OADSIDE J EMERGENCY VEHICLE I PASSING OTHER VEHICLE C RAINING E MIT OBJECT K HWY CONST.EQUIPMENT J CHANGING LANES D SNOWING F OVERTUR.RO L BICYCLE K PARKING MANEUVER E FOG G VEHICLE/PEDESTRIAN M OTHER VEHICLE L ENTERING TRAFFIC F OTHER': H OTHER.: N PEDESTRIAN M OTHER UNSAFE TURNING G WIND O MO►ED N XING,INTO OPPOSING LAN[ LIGHTING MOTOR VEHICLE INVOLVED WITH O PARKED A DAYLIGHT A MON-COLLISION 1 2 ) 4 OTHER ASSOCIATED FACTOR P ME.G..G B OUS.—DAWN B PEDESTRIAN .(MARK 1TO )ITEMS) O TRAVELING WRONG WAY. C DARK—STREET LIGHTS C OTHER VOTOR VEHICLE A VC SECTION VIOLATION: R OTHER-: D CAPK—NO STREET LIGHTS D MOTOR VER,ON OTHER ROADWAY STREET LIGHTS NOT E PARKED MOTOR VEHICLE 8 VC SECTION VIOLATION: E DARK - FUNCTIOMING• F TRAIN G ■IcYCLE C VC SECTION VIOLATION: ROADWAY SURFACE H ANIwA L: 1 2 ] S SOBRIETY—DRUG- A DRY D VC SECTION VIOLATION: PHYSICAL 8 WET I FIXED OBJl CT: (MARK I TO S ITEMS) C SNOWY—ICY E VISION OBSCUREMENTS: A MAD NOT BEEN DRINKING D SLIPPERY (MUDDY,OILY,NTC.)- J OTHER DEJECT: 8 MBD—UNDER INFLUENCE F INATTENTION C MBD—NOT UNDER INFLU.• "ROADWAY.':CONDITIONS G STOP'&GO•TRAFFIC DHBD—IMPAIRMENT UNKN• MARK I TO)LITEMS PEDESTRIAN'S ACTION H ENTERING/LEAVING RAMP E UNDER DRUG INFLUENCE• A MOLES,DEEP NUTS' 1 A NO PEDESTRIAN INVOLVED I'PREVIOUS COLLISION FIMPAIRMENT—IMYSIGAL• 8 LOOSE MATERIAL ON ROADWAYCROSSING IN CROSSWALK J UNFAMILIAR W/TM ROAD G IMPAIRMENT NOT KNOWN C OBSTPMCTION'ONROADWAY' AT INTERSECTION K DEFECTIVE VER.EQUIP.: H ROT APPLICARLE ' D CONSTRUCTION-NEFAIR SOME CROSSING IN CROSSWALK - - I SLEEPY/FATIGUED .. C ... ._ ..........._. .. ... . ...... .. .. E REDUCED ROADWAY WIDTH AT INTERSECTION L UNINVOLVED VEHICLE . F FLOODED' D C.OSSING--NOT IN CR o SSWALK I M OTHER': 1 2 7 4 SPECIAL INFORMATION G OTHER': E IN ROAD—INCLUDES SMOULDER N NONE A►FAR ENT A HAZARDOUS MATERIALS' 25 H NO UNUSUAL CONDITIONS F NOT IN ROAD O RUNAWAY VEHICLE 8 FIRE INVOLVED' G AP'.OACHING/LEAVING SCHOOL MUS I C TIRE DEFECT/FAILURE. SKETCH ...: V�Z MISCELLANEOUS ... .. - V INDICATE E f .. NORTH . .. .. i - - - PHYSICAL DESCRIPTION OF PARTY • - NUMBER "AIR EYES HEIGHT WEIGHT PRE'ARER'S NAME 1.0.NUMBER MO. DAY TR. REVIEWER'S NAMEYO. DAY YR. — s ►17-- 3 86 —_ ! G CHP 555—Page 2(Rev 12.84) OPI 042 *Explain in narrative AT[ Or COLI/Ow`NIA ' �I YJR�D/WITN-ESSESMASSENGERS 3 AT[ OF77NCICCOLLISION , TIM■ ({f 00) NVMf[q//�� OFIIC[q I.D. MVMw[R 10. '/i/ DAY* rR. — V S {I ♦ EXTENT OF INJURY ('•X-one) INJURED WAS("X'•One) IITNESS'PASSENGER _ PARTY SEATING ONLY QNLY AGE wE% t-V[w[ OTMEA VI/IOL[ COMFLA INT FATAL INJU.Y DwlvEw FAft. ►[o. wI CYCLIST oT"[w NUMBER POSITION INJURY INJURIlf OF ,AIN U Kl SZf ❑ ❑ 0 D n f A M[,,,DD�,i'i✓N%1"DN E2 f�G.L�� 756 Qqk-I-EX [}} c- RANSFORT[D wr/TAK[N TO (INJURED ONLY) [:Cwlw[ INJVRI[[ ❑ ❑ ❑ ❑ ❑ ❑ J AME/AODR[SS/T!L[►NON[ RANt►ORT[D wY/TAKEN TO (INJVw[D ONLY) I[f cwlw[ INJV RI[f ' ❑ ❑ ❑ ❑ ❑ u LJ AM[/ADDRESS/TCL[►NON[ RANf►ORTED wY/TAKEN TO (INJUw[D ONLY) '[f Cwlwc INJUwI[f D ❑ ❑ SAME/ADDRESS/TCL[►MOM[ wANS/ORTID ■Y/TAKKN TO (INJUPeD ONLY) �CSCgIw[INJYRICS D D D ❑ Li u i AMl IADDgIfS/TCLEP"ON■ RANSPORTED wY/TAwEN TO (IN)YRCO ONLY) Irec"Iw! INJYRIEf �. D J7 AMC/ADDwlff/TCLCF"ONK , RANf►ORTED NY./TAKEN TO (ASSURED ONLY( _ ._._..._.. .. ._ .... .. .- ..... .. w EPARCR'S NAM! D.XVMwER 1.0. DAY TR. w[VIEr[R'f NAM! MO. DAY Yq, ur ArPS Z�9z 12 -3 HP 555-Page 3 (Rev 6.84)OPI 042 /TAT[ 01 CAlI10w FiA FACTUAL DIAGRAM 'PAGE �f •/„ OAT[ U- C011t[IOF �J1 j�jC T�YE (2-b) FC IC F�U�/Y)[En7 O//IC�[w�///�. MyY1(w/f1 ' ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE Y V IYDIC AT( •? MOATM I t CQ.AkL bloT k) riacI - Sl�o+uo.F 12 'TZ 6X�Z5q "S ( 64a cr y Lj d rz! tZD�H I ct ' IN15C I Pox ' Df6N5 lz Il YoP PoI x'7(0' •�� � Z IJo2-r►F v F � ._ Q Noa-M of Amino J✓ I I Y OtiM `TU -i LJ 46 . DNA �■• MVM (w YD. DAY Tw. wEV1(�vCw•[FAME YO. OA• Tw�rn�Qrz I� lZ-o3 CHP 555—Page 4 (Rev 11.85)OPI 042 85 38569 'NARRATIVE/SUPPLEMENTAL PAGE .5 DAT[ Or y1w IG IItgL INCIDENT' TIM[](2-00) NCIC NUMS[w OPrIC[w I.D. 1"'mm'"Ut DAYo z - ••A••ON{ - •`pA/�, ONE TY I{ EU PP' E MENTAL (••{••A►rLICA{L�{( . NARRATIVE `' COLLISION REPORT BA UPDATE FATAL O NIT & RUN UPDATE SUPPLEMENTAL LJ OTHER: LJ HA2. MATERIALS LJ SCHOOL BUS OTHER: CITY JC OJNTY/JUDICIAL DISTRICT AIT. DISTRICT/R{AT CITATION NUN{ER LOCATION/SUED{CT STAYS NIQNWAY RELATED I_: YES NO o �/ i°.eo -e- ,A- 47 2. 1b/u '�'"L IP- A-1 04'(Z4EY A 1VZ .4T 3. g (i 4. iv- &,e AFL AVEsA AA-c7,41-SocarweL.,.• . - ' G IS 6. Su - - j 7. 7 oTA AyC - / : - ZZ-V,61- 15-W-M ZAzyA 4072V s. i .S - - T - - 9. ASIDAWEFS - -40 Ac O .. , a 10. - T T G 13. � A�.4 d/�.1 S`T T.F /t/L=L�/�,Y ��d�✓•;H� �ST• �/C/S 14. 15. r - 16. 02 17. //1/ /a/ ,S 19. - S'- oJv. _ 20. 21. 2 . / -16 - G o D - ?0 23. -2 1A WIZ0ti/, - /Q A 24 G N .. T 25. . .-.... . 26 2s. 29. Anrc 31. _ ►RtrAw{w•f MwM{ " .. I.O.NYM{{R MO, :-OJIL': YR• w{VI[W{w'S NAM[ NO. DAY. 'YR. IT. 4YFjes . I - CHP 556 (Rev 12-84) OPI 042 Use previous editions until depleted. 86 4a74 STAT[ OF CALIFORNIA R NARRATIVE/SUPPLEMENTAL PAGE DAT[ OF ORIGINAL INCID[NT. /Y1 TIM[ (H00) N tIC NUMBER .(')7///) OFFICER I.D. 1.".6aft 2 f — DAY rw. V JI�.V �I— 5 ... •'E ONE 1(•'ONE TYPE SUPFLEMENTAL ("X" APPLICABLE) lL: NARRATIVE COLLISION REPORT r' BA UPDATE C� FATAL C� HIT & RUN UPDATE SUPPLEMENTAL OTHER: C' HA Z. M ATERIALS D' SCHOOL BUS ❑ OTHER: CITY/COUNTY/IUDs CIAL DISTRICT PPT.DISTRICT/BEAT CITATION NUMBER J LOCATION,SUBIECT STATE HIGHWAY RELATED nL NO rEs 1 S / /� /�-� gL4,L02Y �T•C%/ �� W/ ��!/Iv[ CQJE .2 ( /VG �Fi; J z - S -6610 A OFF Cel e /N 5. 6. - c J, ti. _ _ • 9. 6- e, 10. 12. Is&pil - t 3. /(I /" / 14. D�j 15. - T /NF �.EF% /fur S,Z-ofab %H2 /�G/cam C4C. • I 16. n 17 18. 1.9 '4 S A. /Z/2 - A446Y - AnAW zly,4 20: . - U i 21. s Av 22. /a/ Qy,5-4SVb7- A115 X60�7 T 6 - 2-6 - 24.. .. Y.AIV 25. _ Any-06m6eV60 76 1,15 C+ _ 2 6. G J D A/ 27. o -A.!*AAE .d Q .30. f :; _ . 44 . - N !"rC w s/ ►wC PARE w'7 NAME I.D,NUMBER MO. DAY rR, R[VIEWER'S NAMC YO. DAY Yw, CHP 556 (Rev 12-841 OPI 042 Use previous editions until depleted. 86 aoa?a IVHI'1mm I I V C/0Uf-rLCFVICIV 1 HL PAGE / DAT[ L'Ih CID[19T • (100) (• NCIC NUMS[R O►IIC[CR//yl�/_DJ�. NUMR[R y IMOI A/ DAY . •Z Yw. 1 ITIMW �G � ) 7/! L z . ..A ON[ TYPE SUPPLEMENTAL („x„APPLICABLE) i !J. NARRATIVE COLLI.ION REPORT I LJ BA UPDATE lJ FATAL C MIT$ RUN UPDATE I I ^^ II�� SUPPLEMENTAL OTHER: `I HAZ. MATERIALS L_ SCHOOL BUS E OTHER: CITY/COUNTY/JUDICIAL DISTRICT RP T.DISTRICT(EEAT CITATION NUMBER I J LO CATION(f USJ[CT STATE NIGNWAYI-QMa L.AT[D C TES /0,/- �(i/2f=/f r: A✓K I2. IWAI ,61VFJeTF1. Tc. 20S a. /L A, 5. 7. 8. 9. 10. 11. 12. 13. 14. _ 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. I 28. 29. 30. 31. PRCPAR[R'S NAM[ I.D.NUMEER MO. DAY YR. INE1111WEP'S NAME MO, DAY YR. 6 -HP 556 (Rev 12-84) OPI 042 Use previous editions until depleted. e6 4N7" ,, 1y/�..- - - ,• .- 1^ •,-.-.-,•:-. --- �S+s."'F>gv►e+/rr .�i+S+,� � .•.':^Tx'p�s-+*J'."-�:w-. ,... :E,�/r�iiY►�".'}.4P.VS'r4 ?.1 1' �.�...'r ?` \: `'fi 4�?U; 1:5 °�� �•[:.t T `:�3 �•.: ti'.hti`.'- 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 February 10, 198, and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of . California 6overnment Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $10, 000 . 00 Section 913 and 915.4. Please note all •Nar06jty Counsel CLAIMANT: DAVID MORSE HkiZIOND AND BARBARA J. MITCHELL JAN 2 f 1987 c/o David Morse IIamond, Esq. ATTORNEY: 405 14th Street #1100 (Martinez, CA 94553 Oakland, CA 94613 Date received January 15 , 1987 ADDRESS: BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: January 14, 1987 1. FROM: Clerk of the Board of Supervisors TO:. County Counsel Attached is a Copy of the above-noted claim. IL TCHELOR, Clerk DATED: January 23 , 1987 �b: DegAputy Hall ll. 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 claiRi 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: / cJ / e:Z / BY ��K–�C��n�—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 unanimous vote of the Supervisors present 0�) 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. FEB 101987 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 nil 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. 'FEB 11 1987 Dated: BY: PHIL BATCHELOR by ���,�"Puty Clerk CC: County Counsel County Administrator DAVID MORSE HAMMOND ATTORNEY AT LAW FINANCIAL CENTER BUILDING 405-14TH STREET.SUITE 1100 OAKLAND.CALIFORNIA 94612 (415)451-5805 �Q R� January 14, 1987 Puby 1��98� v Clerk Board of Supervisors County of Contra Costa County Administration 651 Pine Street Martinez , CA 94553 Re: Claim Pursuant to Government Code 910 Claimant : David Morse Hammond, an individual and Barbara J. Mitchell, an individual (a) Name and post office address of Claimant: David Morse Hammond and Barbara J. Mitchell, c/o David Morse Hammond, 405-14th Street, Suite 1100 , Oakland, CA 94612 . (b) Post office address to which the person presenting this claim desires notices to be sent: David Morse Hammond and Barbara J. Mitchell , c/o David Morse Hammond, Esq. , 405-14th Street, Suite 1100 , Oakland, CA 94613 . ( c) Date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted: January 13 , 1987 at 7 : 30 a.m. on eastbound Crestview Drive adjacent to 31 Crestview, City of Orinda, County of Contra Costa, State of California. On said date, a water line and/or sewer line 'was leaking liquid substances presumed to be water which coated por- tions of Crestview Drive and were otherwise not observable to oncoming traffic. Said liquid and/or water was caused to freeze and thus created a dangerous and defective driving condition. As a proximate result of said dangerous and defective condition, claimant Hammond' s 1986 Ford Bronco was caused to drive over said icy portion of Crestview causing the vehicle to lose control and impact with a telephone pole adjacent to 31 Crestview. (d) General description of the indebtedness , obligation, injury, damage or loss incurred sofaras it may be known at the time of presentation of the claim: As to claimant Mitchell, personal injuries the nature and extent to which are unknown. As to claimant Hammond, personal injuries the nature and extent to which are unknown. ' Additionally, claimant Hammond' s 1986 Bronco has received extensive property damage and the exact amount of cost to repair is unknown at this time. Additionally, if the claim is not promptly settled, claimant Hammond will suffer and continue to suffer loss of use. County of Contra Costa Board of Supervisors January 14 , 1987 Page Two (e) Name or names .of the public employee or employees causing the injury, damage, or loss , if known: Unknown, but County of Contra Costa workers during the last 12 months may have made repairs to the water and/or sewer lines at the scene of this accident and the subsequent leakage of liquid was the source of the dangerous and defective condition. ( f) Amount claimed as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss , insofaras it may be known at the time of the presen- tation of the claim, together with the basis of computation of the amount claimed: Claimant Mitchell claims $5 ,000 .00 . Claimant Hammond claims $5 ,000 .00 . If the contents of this claim are deficient in any respect, we ask that you notify the undersigned immediately and we will attempt to remedy the same. If this claim is to be denied, we ask that it be done so expeditiously. Very truly yours , David Morse Hammond DMH:smm CERTIFICATE OF MAILING I , the undersigned, declare under penalty of perjury: That I am a citizen of the United States , over the age of 18 and not a party to the within cause of proceeding; that I am an employee of David Morse Hammond, Attorney at Law, and my business address is 405 - 14th Street, 11th Floor, Oakland, California; that I served a true copy of : Claim Pursuant to Government Code 910 by placing said copy in an envelope addressed to: Clerk Board of Supervisors County of Contra Costa County Administration 651 Pine Street Martinez , CA 94553 which envelope was then sealed and postage fully prepaid thereon, and thereafter, on the date set forth below, deposited in the United States mail at Oakland, California. (That there is delivery - service by United States mail at the place so addressed, or regular communication by United States mail between the place of mailing and the place so addressed) . Executed and mailed a.t Oakland, California on January 14, 1987 . Suzan a N. Mueller AMENDED CLAIM BOW OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County. or District governed by) BOAR_ D_ ACTION the bard of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT February 10 , 1987 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 Section 913 and 915.4. Please note all •Wrrl �,ty COLmsel Amount: $2 , 464. 00 CLAIMANT: JOHN NATHEN MAJOR 143 Cynthia Drive ATTORNEY: Pleasant Hill , CA 94523 N,1art;rez, CA 9.4 Date received 1987 ADDRESS: BY DELIVERY TO CLERK ON January 7, BY NAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a topy of the above-noted claim. �aIL gATCHELOR, Clerk � �� DATED: January 15, 1987 : Deputy L. Hall II. FROM: County Counsel 70: 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: G9, County Counsel T' 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 unanimous vote of the Supervisors present f'S g1,Pe;&D tZ) X) This Claim 11is 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: FEB 1 0 1987 PHIL BATCHELOR Clerk Br Y . Deputy Clerk YARNING (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 anvil 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 1 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: FEB 11 1987 BY: PHIL BATCHELOR b `'c—L. e ut Clerk Y D y C e k CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY NON-ACCEPTANCE OF CLAIM ECEIVED 1987 John Nathen Major 143 Cynthia Dr. �A°� Pleasant Hill CA 94523 C11-Aim o f JOHN NATHEN MAJOR Take Notice as fol loos : claim you presented against the County of Contra Cosa or District . gov e.-ned by the Board of Supervisors fails to comply substantial lti7 the regt3irements of California Government Code Section 910 and is otherwise _insufficent for the reasons checked below: . Ti-,e claim fails to state the name and post office address of the claimaint . 2 . Tree claim fails to .state the post office address to %•;hick the person presenting the claim desires notices to ?)e sent . 3 . The claim fails to state the date, place or other circum- stances Of the occurrence or transaction which nave rise to the claim asserted . } . . The claim fails to state the name (s) of the public. employee (s) causing the injury; damage , or loss , if }mown . - 5 . The claim fails to state 4�}�xxiax�x�4xx�� +��xx�x ➢[�,x�Xd��� gkxgym-k�tR a,,mk NxxxxkkXxxezt)daxxtx kxmmmmxxXWXxxXv X)xX&WtWOL�MV<X_ :kq� xxTl=Rg=xx�zrx)6=ZxXxxxfxxxxxsx) s xxux the basis of computation of the amount claimed. (See #7) 6 . The claim is riot signed by the claimant or by some person on :-:is behalf . 7 . Other : The claim fails to state what personal property was misplaced by County, i.e. , what is t e Edsis o :0 claim-? VICTIOR J. WES7LA1], County Counsel Bv Deputy CVnty Counsel CERTIFICATE OF SERVICE BY MAIL (C. C. P. 59101 , 1013a, 2015 . 5; Evid.C. §§641 , 664 ) :f; business address is the County Counsel ' s Office of. Contra Costa Co .Admin . Bldg. , P . G . Box 69 , :Martinez , California 94553 , and I am a citizen of the Unites: Slates , over 18 years of age, employed in Contra Costa County , and n-)t a party to this action . I served a true copy of this Notice of Insufficiency and/or Non-Accepl-ance of Claim by placing it in an enve'oe (s) addressed as shown above (which is/are place (s) having delivery service by U. S. 4a:1.1) , which envelope (s) wa.:s then sealed and postage fully prepaid thereon, and thereafter was, on this day dep )sited in the U. S. Mail at Martinez/Concord , Contra Ccsta Countv, California. I certif%, under penalty of perjury that the foregoing is true and c-Drrect. D a t ed, December 16, 1986 at 'Martinez , California . r_•c : Clerk of the Board of Supervisor (original) Administrator (NOTICE OF INStl'FICIENCY OF CLAIM: GOVT. C. §§910 , 910 . 2 , 910 . 4 , 910 . 8) lal oo � b� AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY_CALIFORNIA Claim Against the County, or District governed by) BOARACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Februaryy 10, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your Iwtice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all •Ifarnings" GOunty Counsel CLAIMANT: STEVEN AUSTI14 CAIN ET AL c/o Douglas McClure JAN 2 G 1987 ATTORNEY: McNamara, Houston, Dodge, McClure & Ney Martinez, CA 94553 1211 Newell Ave. , #202 Date received Januar 15 1987 ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON Y BY MAIL POSTMARKED: January 14, 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 23, 1987 P?L DeputyLOR, Clerk // �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: �.7 � / BY: �-c ��" ty 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 unanimous vote of the Supervisors present A''19 IW"'OAT (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. FEB 101987 � Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions. you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult . an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been A Citizen of the United States, over age 18. and that today I deposited in the United States Postal Service in Martinez. California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: FEB 111987 BY: PHIL BATCHELOR by _ Deputy Clerk CC: County Counsel County Administrator McNAMARA, HOUSTON, DODGE, MCCLURE 8 NEY DANIEL J. McNAMARA ATTORNEYS AT LAW THOMAS E. PFALZER WILLIAM K. HOUSTON.JR. DIANNE KREMEN COLVILLE RICHARD E.DODGE 1211 NEWELL AVENUE, SUITE 202 WILLIAM J.DIFFENDERFER DOUGLAS C. MCCLURE MAILING ADDRESS P. O. BOX 5266 G. GEOFFREY WOOD MICHAEL J.NEY WALNUT CREEK, CALIFORNIA 94596 LEONARD J.COOK THOMAS G. BEATTY KAREN L. UNO ROBERT M. SLATTERY )415) 939-5330 LINDA J. SEIFERT J. THOMAS DEAL. ROGER J. BROTHERS MICHAEL J.COCHRANE PLEASE RESPOND TO: January 13 , 1987 STUART CHARLES GILLIAM P. 0.BOX 5266 RICARDO A. MARTINEZ WALNUT CREEK.CA 94596-1288 �r COu 'j el ALSR 1449 Vicki J. Finucane aECE1VrLn,0,AO CA 3 Deputy County Counsel County Administration Bldg. i,, 0. 1:0? P. O. Box 69 , Martinez , CA 94553 v eA Fsu v CLER GONTR C uh Re: Steven and Micha 4 .0 Primary Action Ca ion: Michael Gerhart v. Steven Austin Cain, Michael D. Cain, Eldon Dicky Sailors, Atcom, Inc. , County of Contra Costa, et al. Primary Action Number: Contra Costa County Superior Court No. 263901 Dear Ms. Finucane: This is to memorialize our January 9, 1987 telephone . conversation, and to thank you for your assistance. For your reference, please find enclosed the original claim I filed on December 10 , 1986 , your Notice of Deficiency dated December 23 , 1986, and the Board' s Action form mailed January 7, 1987 . The thrust of the County' s action was that the claim was insufficient because it failed to state the date of the occurrence or transaction giving rise to the claim. As I pointed out, the last sentence of the first page notes that Steven Cain was served on September 5 , 1986 . As I further explained, Michael Cain has never been served, although an answer was filed on behalf of both Steven and Michael Cain on October 8, 1986. Please consider this letter to be an amendment to the original claim to reflect that Steven Cain was served September 5, 1986, that Michael Cain has never been served, and that both formally appeared in the underlying action on October 8, 1986 . Thank you again for your courtesy and assistance. Very truly yours, McNAMARA, HOUSTON, DODGE, MCCLURE & NEY Do las C. McClure DCM:clg cc: Clerk of the Board of .Supervisors MCNAMARA, HOUSTON, DODGE. MCCLURE g NEY DANIEL J. MCNAMARA ATTORNEYS AT LAW THOMAS E. PFALZER WILLIAM K. HOUSTON.JR. DIANNE KREMEN COLVILLE 1211 NEWELL AVENUE. SUITE 202 RICHARD E. DODGE WILLIAM J. DIFFENDERFER DOUGLAS C. MCCLURE MAILING ADDRESS P. O. BOX 5288 G. GEOFFREY WOOD MICHAEL J.NEY WALNUT CREEK, CALIFORNIA 94596 LEONARD J.COOK THOMAS G. BEATTY KAREN L. UNO ROBERT M. SLATTERN (415; 939-5330 LINDA J. SEIFERT J. THOMAS DEAL ROGER J. BROTHERS MICHAEL J. COCHRANE PLEASE RESPOND TO: December 10 , 1986 STUART CHARLES GILLIAM P. O. BOX 5288 RICARDO A. MARTINEZ WALNUT CREEK.CA 94596-1288 A1449 t� HAND DELDELIVEREDECEIVED 1,2 Bn Board of Supervisors sv �� +B � County of Contra Costa ,, 651 Pine Street Martinez , CA 94553 Attention: Board of Supervisors Re: Michael Gerhart v. Steven Austin Cain, Michael D. Cain, Eldon Dicky Sailors , Atcomm, Inc. , County of Contra Costa, et al. Contra Costa County Superior Court No. 263901 Gentlemen: This letter is to present a claim against the County of Contra Costa, pursuant to Government Code Section 910, regarding an accident which occurred on or about November 7 , 1983 , on Marsh Creek Road, one mile east of Morgan Territory Road, in Contra Costa County. Marsh Creek Road is a county roadway. Plaint'_ff Michael �r-crh art was injured when the ca-- in which he was a passenger failed to negotiate a turn, resulting in a collision with an automobile traveling in the opposite direction. Plaintiff filed the above-referenced action and alleges personal injuries caused at least in part by the improperly and negligently maintained, managed and controlled county road. Plaintiff , as well as suing the county, has also sued Stephen Austin Cain, the driver of the vehicle in which plaintiff was a passenger (who has been served) , and Michael D. Cain, owner of the vehicle in which plaintiff was riding (who has yet to be served) . Defendant Stephen Austin Cain was served with this complaint on September 9 , 1986 . December 10 , 1986 Board of Supervisors Re: Gerhart v. Cain, et al. Page 2 Assuming plaintiff is entitled td damages for his personal injuries , said damages will have been sustained because of the condition of the roadway. For that reason, Stephen Austin Cain and Michael D. Cain look to the County of Contra Costa to assume their defense and indemnity then for any judgment. Should the County of Contra Costa fail to settle this claim directly with plaintiff and/or agree to defend and indemnify the Cain defendants , there will be no alternative to filing a cross-complaint alleging causes of action for total and equitable indemnity. Conforming with Government Code Section 910 , the follow- ing is provided: 1 . Claimants as present defendants and prospective cross-complainants : Stephen Austin Cain and Michael D. Cain have been served in the primary action. 2 . All notices to be sent to the Cains ' Counsel, addressed to Douglas McClure at McNamara , Houston, Dodge , McClure & Ney, 1211 Newell Avenue , Ste . 202 , P. 0: Box 5288 , Walnut Creek, CA 94596 , and to co- counsel Gene A. Cain, 149 E1 Camino Corto, Walnut Creek, CA 94596 . 3 . incident date and location.: November 7 , 1983 , Marsh Creek Road, one mile east of Morgan Territory Road, County of Contra Costa, California. 4 . Neither Stephen Austin Cain nor Michael D. Cain have suffered damages to date other than the cost of investigating the case and entering a defense . The Cains stand the risk of being found totally or partially at fault for p'laintiff ' s damages , but the ultimate injuries and damages are unknown as little discovery has been initiated regarding Michael Gerhart ' s claim, but it is presumed that his counsel will claim, that said injuries and damages are substantial. 5 . The particular employees and agents of Contra Costa County who were responsible for the design, December 10 , 1986 Board of Supervisors Re: Gerhart v. Cain, et al. Page 3 I construction, maintenance , and management of the section of Marsh Creek Road;are unknown. 6 . The amount claimed by plaintiff , and thus the Cains ' exposure, is unknown, although the Cains are looking to Contra Costa County for partial or total indemnity. Please advise if you wish any additional information, or if you require the above information or some particular claim form prior to entertaining this claim. Thank you for your consideration. Very truly yours , McNAMARA, HOUSTON, DODGE, McCLURE & NEY �tuart C. Gi lli am SCG/cm 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 January 6 , 1987 and Board Action. All Section references are to ) The copy of this document.mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code . Amount: Unspecified Section 913 and 915.4. Please r1Q?4Mty1 G0VMtq CLAIMANT: STEVEN AUSTIN CAIN ET AL DEC 16 1986 c/o Douglas McClure ATTORNEY: McNamara, Houston, Dodge , McClure & Ney Martinez, CA 9,15;3 1211 Newell Ave, #202 Date received ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO. CLERK ON December 12 , 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: December 15 , 1986 gy1L BATTCHELOR, Clerkeu 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: �/, o7v / / �� BY: '— ��` C�_C��{�C / y 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). IV. BOARD ORDER: By unanimous 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. JAN 0 6 1987 Dated: PHIL BATCHELOR, Clerk, By ��t�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 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: JAN O 7 1987 BY: PHIL BATCHELOR by ✓�� Deputy Clerk P y CC: County Counsel County Administrator h;cCLURE 3 NEl' JAN 0 8 i��� • 1%OTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO S.--.,ven Austin Cain, et al. c/o Douglas McClure McNamara, Houston, McClure & Ney 1211 Newell Ave. , #202 Walnut Creek CA 94596 Re : Claim of STR7 71%1 AUSTIN.CAIN, et a Pit_-ase Take Notice as follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 . 2 , or is otherwise irisufficent for the reasons checked below: ' 1 . The claim fails to state the name and post office address of the claimaint . 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent . x 3 . The claim fails to state the date , &JkA€xxxxxxx skRx:,r=x of the occurrence or transaction wh.-i ch gave rise to the claim asse=ted . (See Govt. Code §901) 4 . The claim fails to state the name (s) of the public employees) causing the injury, damage , or loss , if known . 5 . The claim fails to state the amount claimed as of .the date of oresent.ation, the estimated amount of any prospective injury , damage , or loss so far as known , or the basis of co:n_putation of the amount claimed . 6 . The claim is ::ot signed by the claimant or by some person on ;,i s behalf . 7 . Ot'ier : VICTOR J. ES7.1-AN, County Counsel BV '._ Deputy Codi ty Counsel CERTIFICATE OF SERVICE BY I-AIL (C.C. P . 5§1012 , 1013x, 2015 . 5 ; Evid .C . §5641 , 664 ) Mv business address is the County Counsel ' s Office of Contra Costa Ccunty, Co .Admin . Bidg. , P. O. Box 69 , Martinez , California 94553 , and I am a citizen of the United Sates , over 18 years of age , employed in Contra Costa County, and not a party to this action . I served a true copv of this Notice of Insufficiency and/or Nor.-Acceptance of Claim by placing it in an envelope (s) a,zdressed as shown above (which is/are place (s) having delivery service by U . S . ^i:i ;.1) , which envelope (s) was then sealed and postage fully prepaid thereon, and thereafter was , on this day depo> ;ited in the U. S . Mail at Martinez/Concord , Contra Ccsta Countv, California . certify under penalty of perjury that the foregoing is true and correct . �ntecl : December 23, 1986 , at A9artinez , California . _o cc : Clerk of the Board of Supervisor (original) Administrator (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. C . §,c910 , 910 . 2 , 910 . 4 , 910 . 8 ) . 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 February 10 , 1987 and Board Action. All Section references are to ). The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by'the Board of Supervisors. .(Paragraph IV below), given pursuant to Government Code Amount: - Unspecified Section 913 and 915.4. Please note all ftUat8Ui11y Counsel CLAIMANT: STEVEN AUSTIN CAIN ET AL JAN 2 6 1987 c/o Douglas McClure ATTORNEY:11cNamara, Houston, Dodge, McClure & Ney Martinez, CA 94,553 1211 Newell Ave . , ; 202 Date received ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON January 16 , 1987 CC 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. �aIL gATCHELOR, Clerk DATED: January 23, 1987 : Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim. (Section 911.3). ( ) Other: Dated: / L?9 / BY: JC;L,64-C-<—A_-C__)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 unanimous vote of the Supervisors present /((� ) This Claim•1 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. FEB 1.0 1987 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 wil 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: FEB 111987 BY: PHIL BATCHELOR by ��Deputy Clerk CC: County Counsel County Administrator MCNAMARA, HOUSTON. DODGE, MCCLURE 8 NEY DANIEL J. MCNAMARA ATTORNEYS AT LAW THOMAS E. PFALZER WILLIAM K. HOUSTON,JR. 1211 NEWELL AVENUE, SUITE 202 DIANNE KREMEN COLVILLE RICHARD E. DODGE WILLIAM J. DIFFENDERFER MAILING ADDRESS P. O. BOX 5288 DOUGLAS C. MCCLURE G. GEOFFREY WOOD MICHAEL J.NEY WALNUT CREEK. CALIFORNIA 94596 LEONARD J. COOK THOMAS G. BEATTY KAREN L. UNO ROBERT M. SLATTERY (415) 939-5330 LINDA J.SEIFERT J. THOMAS DEAL ROGER J. BROTHERS MICHAEL J. COCHRANE PLEASE RESPOND TO: January 13 , 1987 STUART CHARLES GILLIAM P.O.BOX 5286 RICARDO A. MARTINEZ WALNUT CREEK.CA 94596-1286 RECEIVED ALSR 1449 Vicki J. F' ucane j A�� 11987 Deputy C my Counsel County dministration Bldg. P. 0. ox 69 a. Martinez , CA 94553 Re: Steven and Michael Cain Primary Action Caption: Michael Gerhart v. Steven Austin Cain, Michael D. Cain, Eldon Dicky Sailors, Atcom, Inc. , County of Contra Costa, et al. Primary Action Number: Contra Costa County Superior Court No. 263901 Dear Ms . Finucane: This is to memorialize our January 9, 1987 telephone conversation, and to thank you for your assistance. For your reference, please find. enclosed the original claim I filed on December 10, 1986 , your Notice of Deficiency dated December 23 , 1986 , and the Board ' s Action form mailed January 7 , 1987 . The thrust of the County' s action was that the claim was insufficient because it failed to state the date of the occurrence or transaction giving rise to the claim. As I pointed out, the last sentence of the first page notes that Steven Cain was served on September 5 , 1986 . As I further explained, Michael Cain has never been served, although an answer was filed on behalf of both Steven and Michael Cain on October 8 , 1986 . Please consider this letter to be amendment to the original claim to reflect that Steven Cain was served September 5, 1986 , that Michael Cain has never been served, and that both formally appeared in the underlying action on October 8 , 1986 . Thank you again for your courtesy and assistance. Very truly yours , McNAMARA, HOUSTON, DODGE, MCCLURE & NEY Do las C. McClure DCM:clg cc : Clerk of the Board of Supervisors MCNAA4ARA, HOUSTON, DODGE, MCCLURE. G NEY DAN16L J. MCNAMARA ATTORNEYS AT LAW THOMAS E. PFALZER WILLIAM K. HOUSTON.JR. DIANNE KREMEN COLVILLE 1211 NEWELL AVENUE, SUITE 202 RICHARD E. DODGE WILLIAM J.DIFFENDERFER DOUGLAS C. MCCLURE MAILING ADDRESS P. O. BOX 5288 G. GEOFFREY WOOD MICHAEL J.NEY WALNUT CREEK, CALIFORNIA 94596 LEONARD J.COOK THOMAS G. BEATTY KAREN L. LINO ROBERT M. SLATTERY (415) 939-5330 LINDA J. SEIFERT J. THOMAS DEAL ROGER J. BROTHERS MICHAEL J. COCHRANE PLEASE RESPOND TO: December 10 , 1986 STUART CHARLES GILLIAM P. O. BOX 5288 RICARDO A. MARTINEZ WALNUT CREEK.CA 94596-1288 A1449 HAND DELIVERED WyV Board of Supervisors sLEer �eq County of Contra Costa 651 Pine Street Martinez , CA 94553 Attention: Board of Supervisors Re: Michael Gerhart v. Steven Austin Cain, Michael D. Cain, Eldon Dicky Sailors, Atcomm, Inc . , County of Contra Costa, et al. Contra Costa County Superior Court No. 263901 Gentlemen: This letter is to present a claim against the County of Contra Costa, pursuant to Government Code Section 910, regarding an accident which occurred on or about November 7 , 1983 , on Marsh Creek Road, one mile east of Morgan Territory Road, in Contra Costa County. Marsh Creek Road is a county road as � Dl ai'_:tiff Michael Ge--hart was injured when the cal in which he was a passenger failed to negotiate a turn, resulting in a collision with an automobile traveling in the opposite direction. Plaintiff filed the above-referenced action and alleges personal injuries caused at least in part by the improperly and negligently maintained, managed and controlled county road. Plaintiff, as well as suing the county, has also sued Stephen Austin Cain, the driver of the vehicle in which plaintiff was a passenger (who has been served) , and Michael D. Cain, owner of the vehicle in which plaintiff was riding (who has yet to be served) . Defendant Stephen Austin Cain was served with this complaint on September 9 , 1986 . December 10 , 1986 Board of Supervisors Re: Gerhart v. Cain, et al. Page 2 Assuming plaintiff is entitled td damages for his personal injuries , said damages will have been sustained because of the condition of. the roadway. For that . reason, Stephen Austin Cain and Michael D. Cain look to the County of Contra Costa to assume their defense and indemnity then for any judgment. Should the County of Contra Costa fail to settle this claim directly with plaintiff and/or agree to defend and indemnify the Cain defendants , there will be no alternative to filing a cross-complaint alleging causes of action for total and ecuitable indemnity. Conforming with Government Code Section 910 , the follow- ing is provided: 1 . Claimants as present defendants and prospective cross-complainants : Stephen Austin Cain and Michael D. Cain have been served in the primary act_on. 2 . A11 notices to be sent to the Cains ' Counsel, addressed to Douglas McClure at McNamara, Houston, Dodge , McClure & Ney, 1211 Newell Avenue , Ste. 202 , P. O. .Box 5288 , walnut Creek, CA 94596 , and to co- counsel Gene A. Cain, 149 7-1 Camino Corto, walnut Creek, CA 94596 . 3 . !nClGent Gate and locatlOn: November 7 , 1983 , Marsh Creek Road, one mile east of Morgan Territcry Road, County of Contra Costa, California. 4 . Neither Stephen Austin Cain nor Mic;�ael D. .Cain have suffered damages to date other than the cost _ :vestigating the case and entering a defense. The Cains stand the risk of being found totally or warti=lly at =ault for plai nt_ff ' s damages ,, but the ultimate injuries and damages .are unknown as little discovery has been initiated regarding Michael Gerhart ' s Claim, but it is presLinled that his counsel will claim that said injuries and damages are substantial. 5 . The particular employees and agents of Contra Costa County who were responsible for the design, December 10 , 1986 Board of Supervisors Re: Gerhart v. Cain, et al. Page 3 construction, maintenance, and management of the section of Marsh Creek Road;are unknown. 6 . The amount claimed by plaintiff , and thus the Cains ' exposure, is unknown, although the Cains are looking to Contra Costa County for partial or total indemnity. Please advise if you wish any additional information, or if you require the above information or some particular claim form prior to entertaining this claim. Thank you for your consideration. . Very truly yours , McNAMARA, HOUSTON, DODGE, McCLURE & NEY Szuza t C. Gi 11_am SCG/cm 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 January 6 , 1987 and 'Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the, action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please nQQ4Rty"Gad&"W CLAIMANT: STEVEN AUSTIN CAIN ET AL DEC 1 198b c/o Douglas McClure ATTORNEY: McNamara, Houston, Dodge , McClure & Ney Martinez, CA 9.16 J5 1211 Newell Ave , , 202 Date received ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON December 12 , 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. December 15 , 1986 PpHHIL BATCHELOR., Clerk DATED: BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on. ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: � �/, p�v / �L) County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Aaministrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous 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. G Dated: JAN 0 6 1987 PHIL BATCHELOR, Clerk, By �Cc�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 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: J A N O 7 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator :::.I•:r�,'.ri:'.. 3TC''.:�.,`..ir McCL'JgE a NEY JAN 0 8 902' NOTICE OF INSUFFICIENCY AND/OR NO]-ACCEPTANCE OF CLAIM r • TO : S=,,ven Austin Cain, et al.. c/o Douglas McClure McNamara, Houston, McClure & Ney 1211 Newell Ave. , 7#202 Walnut Creek CA 94596 P.e : Claim o f STEVEN AUSTIN CAIN, e� a I P1-...ase ^ake Notice as follows : The claim you presented against the County of Contra Cosa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 . 2 , or is otherwise insufficent for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimaint . 2 . The claim fails to state the -post office address to %,.hich the person presenting the claim desires notices to be sent . X 3 ..: The claim fails to state the date , Rj]�g x4�Xxa9;k�k�xx�x�j' ARxxxx s:kzr:-=x of the occurrence or transaction whJ ch Qave rise to the claim asserted . (See Govt. Code §901) 4 . The claim fails to state the name (s) of the public employees} causing the injury, damage, or loss , if known. 5 . The claim fails to state the amount claimed as of the date of aresen't-ation, the estimated amount of any prospective injure, damage, or loss so far as known , or the basis of com_cutation e} the amount claimed . 6 . The claim is not signed by the claimant or by some person on his behal-E . i 0"ner . VICTOR J. WESTr-l-AN, County Counsel- BY : ounselBy . Deputy Cod ty Counsel CERTIFICATE OF SERVICE BY MAIL (C.C. P. §51012 , 1013, 2015 . 5 ; Evid .C . 5§641 , 664 ) il✓ 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 Insufficioncv and/or Nor.-Acceptance of Claim by placing it in an envelope (s) a,dressed as shown above (which is/are place (s) having delivery service by U. S . rla-,-1) , which envelope (s) was then. seal?d and postage fully prepaid thereon , and thereafter was , on this day depo ;ited in the U. S. Mail at Martinez/Concord , Contra Ccsta County, California . certify under penalty of perjury that the foregoing is true and correct . mated : December 23, 1986 , at rlartinez. , California . r Cc : Clerk of the Board of Supervisors (original) Administrator (NOTICE OF OF CLAIM: GOVT. C . §(,910 , 910 . 2 , 910 . 4 , 910 . 8 ) Y 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 February 10 , 1987 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 yourclaim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $800 , 000 - 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: CITY OF SAM RAMON Re : H. & C. Owyang 2222 Camino Ramon ATTORNEY: San Ramon, CA 94583-1350 Date received ADDRESS: BY DELIVERY TO CLERK ON January 14, 1987 CAO 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. �bIL BATCHELOR, Clerk DATED: January 15 , 1987 : Deputy 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: _ L, y, / / 7 BY: tJu r •i y 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 unanimous 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: FEB 10 1987 PHIL BATCHELOR, Clerk, By GG , 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 1 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. FEB 111987 Dated: BY: PHIL BATCHELOR by �e(�,Z__Deputy Clerk CC: County Counsel County Administrator i C) C ✓ City of San Ramon 2222 Camino Ramon San Ramon, California 94583-1350 (415) 866-1400 January 9, 1987 Mr. Joe Tonda Contra Costa County Risk Management Department 651 Pine Street Martinez, CA 94553 Dear Mr. Tonda: Per our conversation this morning I am forwarding the two claims which we discussed to you for your action. The City of San Ramon's Police Services Contract with the County provides that the County hold the City harmless in any of these cases which involve Police Services. I have already forwarded the claim information to the Contra Costa Risk Management Authority which handles claims on behalf of the City. The City will also deny both of these claims as a matter of procedure. If you need additional information please let me know.. Thank you for your assistance. Sincerely yours, • r Mary Vail Assis nt to City Manager MSV/aa Enclosure CONTRA COSTA COUNTY MUNICIPAL RISK MANAGEMENT INSURANCE AUTHORITY LIABILITY/LOSS NOTICE FORM Use this form to report any incident or verified claim in which,the city may be liable FROM: City of San R,,,,;,on TO: CONTRA COSTA COUNTY tasty or town) MUNICIPAL RISK MANAGEMENT CITY CLAIM # 0 7- / F h 0 0 5 ( )' Insurance Authority policy yr. log number (Feb 1-Jan 31 ) 1415 Oakland Blvd.-- #215 DATE&TIME OF LOSS C�-18—i.5 6 1 : 00 n.m. Walnut Creek, CA 94536 Ann: Claims Manager DEPARTMENT LOCATION CODE I' L tup to 5 letters) ('If one incident has multiple claimants use same claim#, but add letter suffix and enter each in log ie. 001A, 001B separately) COMMENTS TO ADJUSTER r ,-'4s claim x'1].11 a2._^-O be subm -tamed +'^ r':T;tra Col-inty since our Police Services Contract with them he-!ds the ha=?ess . Will also be denied by the City. CLAIMANT/INJURED'S NAME ADDRESS PHONE 531-OC11 Hinman & Christina Owyana 3003 Oakham Dr . San P.amon ''29-2050 CLAIMANT'S ATTORNEY ADDRESS PHONE Not kno:an WITNESS NAME ADDRESS PHONE CITY EMPLOYEE INVOLVED/CONTACT DEPARTMENT PHONE Michael Parkhurst Police 'f!56',-14 12 LOCATION OF OCCURRENCE Ca11 f-c n 4.a High . Schooi DESCRIPTION OF OCCURRENCE/DAMAGE So(,- Zttc.^_hed lett=•i. JAt� POLICE/CHP REPORT# CITY VEHICLE# (or enter"none") ENCLOSURES: VERIFIED CLAIM ❑ POLICE REPORT ❑ PHOTOS ❑ (check if included) OTHER DATE '' SUBMITTED BY /'/ r`r ) ' l PHONE NO. < DISTRIBUTION: Original to Risk Mgmt.office CCC MRMIA 1/84 Retain copy,n dams we City of San Damon 2222 Camino Ramon San Ramon. California 94583-1350 (415) 866-1400 December 31, 1986 Mr. Jake O'Malley Contra Costa County Risk Management Authority 1415 Oakland Blvd. , Suite 215 Walnut Creek, CA 94596 Dear Jake: Attached are two new claims which have come into the City in .the last two days both of which involve the Police Department. As you know, our contract with Contra Costa County holds us harmless for any of the actions of the police officers, but I wanted to forward these claims to you for your information as well as any action which may need to be taken. Claim number 5 from Mr. & Mrs. Owyang was just submitted and has not yet been denied by the City, but will be at our January 13th Council meeting. The information has also been forwarded to Contra Costa County. The second claim, claim number 6 is the re-filing of Ms. Davis's law suit on the same issue which was dismissed earlier this year. To my knowledge and from my discussion with Ms. Davis on the phone, there is no new information nor are there any additional charges, it is just a re-filing of the same suit. once again this is a case involving the Police Department and Contra Costa County does hold us harmless for their actions and of course will be notified of this. I'm not sure whether it will be our responsibility or Contra Costa County's responsibility to respond to this summons within thirty days. Please let me know if you need any additional information or if there is some additional contact I.. need to make at the County. Thank you for your assistance. Hopefully this will be the last time we see Ms. Davis. Sincerely, � 1 Mary S. ail Assista to City Manager MSV/aa Attachment cc: Claim File o DEC 2919e6 CITY OF SAN RAMON December 25th, 96 M City Attorney of San Ramon Fromt Mr. and Mrs. Hinman Owyang 3008 OAKHAM DRIVE San Ramon, California 94583 (415) 829-2950 S31-0611 REQ Michael Barkhurst Juvenile Police Officer San Ramon Police Department City of San Ramon We hereby file a legal claim against the San Ramon Police Department and Juvenile Police Officer Michael Barkhurst for violation of Student's Civil Rights, Parental Rights, unprofessional-like solicitation of infor- mation and use of said information on unresolved police cases.. On September 18th, 1986, at approximately 1: 00 p.m* on the campus of California High School, Officer Michael Barkhurst premeditately ultilized the school's administration, Mr. James Negri, Vice-Principal and his police aithority to obtain information on un-related school business for the willful purpose of charging a criminal casson Donald Owyang. We hereby seek a claim in the amount of $800,000.00 (eight-hundred thousand dollars) plus all legal counsel and court costs for the resulting consequences arising from said interrogation. an Owyang Dat` Christina Owyang D e ' Received by os on -Mae AMENDED /•� CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Scard of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 10, 1987 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 bythe Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1 , 100, 000. 00 Section 913 and 915.4. Please note all 0b[ggst;ounSe} CLAIMANT: HERMAND.SHAHAN J A H 2 G 1987 Watergate Tower ATTOF.•.EY: 1900 Powell St . #101 Martinez, CA 94553 Emeryville, CA 94608 Date received ADDRESS: BY DELIVERY TO CLERK ON January 21 , 1987 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: Januar 26 198 (yiL Bepu ATCYELOR, 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: ���(,< J , �yU BY: puty 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 unanimous vote of the Supervisors present .1 9/116X11)b 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. G Dated: FEB 10 1987 PHIL BATCHELOR, Clerk, sy —��� 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 mmol 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 1 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. D Dated: FEB 11 1987 BY: PHIL BATCHELOR b n, Y14 e4-�Deput Clerk Y � Y CC: County Counsel County Administrator EIVE40 CLAIM FOR DAMAGES AGAINST THE C0101.47 Y OF CONT 2 Re: CLAIM BY HERMAN SHAHAN 9 3 r. / 4 TO THE CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA. 5 HERMAN SHEHAN hereby presents the following claim for damages 6 against the County of Contra Costa, State of California . 7I A) The name and address of Claimant i.s Herman D. Shahan, 1079 I Sierra Vista Way, Lafayette, Ca. 94549 . 8� B) The post office address to which Claimant desires Notices re- q garding this claim to be sent is Watergate Tower, 1900 Powell St. no. 101, Emeryville, Ca. 94608 10 C) The date, place and other circumstances of the occurrence which II gives rise to this claim are: On or about Oct. 18 , 1986 , Lafayette Police Officers employ 12 ed, supervised, controlled, directed and as agents of the County of Contra Costa, wrongfully and unlawfully entered into my home 13 at 1079 Sierra Vista Way, Lafayette, Ca. and wrongfully and unlaw - fully assaulted and battered me, unlawfully and wrongfully hand- 14 cuffed me and falsely imprisoned me in my home and wrongfully and unlawfully arrested me and wrongfully and unlawfully imprisoned 15 me in the Contra Costa County Jail, Martinez , Ca. wrongfully and and unlawfully invading my privacy and wrongfully and unlawfully 16 violating my civil rights and wrongfully and unlawfully causing Claimant public embara.ssment and public humilation, and .intention 17 ally and negligently inflicting emotional distress on Claimant; as a direct and proximate result of the aforesaid wrongful and 18and unlawful acts and omissions and conduct Claimant sustained bodily injuries and shock to his nervous system and person and 19 sustained emotional distress all to his general damages in the sum of $1, 000 , 000 . 00 and special damages of $100 , 000 . 00 20 D) The names of the Lafayette Police Officers and the names of the 21 Contra Costa County Sheriff ' s office employees involvedland res- ponsible for the aforesaid violations of law, and violation of 22 of Claimant' s rights to privacy and violation of his civil rights are unknown to Claimant at this time. 23 E) Claimant has sustained General damages for pain and suffering 24 and public embarassment and public humilation and emotional dis- tress in the sum of $1,000 , 000 . 00 and special damages for loss of 25 earnings. and medical expenses in ' the sum of $100 , 000. 00. Y6 Dated: January 14 , 1987 . ,ACK C RUNNION RMAN SHAHAN Attorney At Lar Profcs -1 Lar Coryontion t � i h CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA . 9 2 Re: CLAIM BY . ' HERMAN SHAHAN . 3 >q 4 TO THE CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF � CONTRA.*-.' COSTA, STATE OF CALIFORNIA. HERMAN SHEHAN hereby presents the following claim for damages 6 against the County of Contra Costa, State of California. .^ . 7 A) The name and address of Claimant is Herman D. Shahan, 1079 ' . Sierra Vista Way, Lafayette, Ca. 94549 . B) The post office address to which Claimant desires Notices re ` Ia 9 garding this claim to be sent is Watergate Tower , 1900 Powell: St. no. 101, Emeryville, Ca. 94608 10 C) The date, place and other circumstances of the occurrence which II gives rise to this claim are: On or about Oct. 18, 1986, Lafayette Police Officers emplo: 12 ed su ervised controlled directed and as a ents of the Count '° ' P r r g y.': of Contra Costa, wrongfully and unlawfully enterdd into my home.,;': 13 at 1079 Sierra Vista Way, Lafayette, Ca. and wrongfully and unla* fully assaulted and battered me, unlawfully and wrongfully hand';' 14 cuffed me and falsely imprisoned me in my home and wrongfully aril unlawfully arrested me and wrongfdlly and unlawfully imprisoned ''!': 15 me in the Contra Costa County Jail, Martinez, Ca. wrongfully anfl and unlawfully invading my privacy and wrongfully and unlawfully;'. 16 violating my civil rights and wrongfully and unlawfully Gausinq-r µ Claimant public embarassment and public humilation; and-iintentfdt17 l ally and negligently inflicting emotional distress on Cl�imant0iz as a direct and proximate result of the aforesaid wrongful .and =<_z: 18 and unlawful acts and omissions and -conduct Claimant sustained bodily injuries and shock to his nervous system and person and ':`<1`' 19 sustained emotional distress all to his general damages in the . '.`; ± sum of $1,000 ,000 .00 and special damages of $100 ,000 .00 20 i D) The names of the Lafayette Police Officers and the names of th6 '._: 21 Contra Costa County Sheriff 's office employees involvedi.and res-5. ponsible for the aforesaid -violations of law, and violation of 221 of Claimant's rights to privacy and violation of his civil rightil are unknown to Claimant at this time. 23 E) Claimant has sustained General damages for pain and su Iferin9 ~ ' 24 and public, embarassment and public humilation and emotional dist''=` ' , tress in the sum of $1,000,000. 00 and special damages for loss of .. 25 earnings and medical expenses in the sum of $100, 000.00. 26 Dated: January 14, 1987. Dui SHAHAN ACK C RUNNION ittaner At la. RMAN .. •.t-.. Rokron.l La.Corpmtim r'1'{`. * v per. 1 LLK.. CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTAI :=K 2 Re: CLAIM BY :e HERMAN SfiARAN... 3 ! g-; i `. q 4 TO THE CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA.` COSTA, STATE OF CALIFORNIA.' ;.. HERMAN SHEHAN hereby presents the following claim for damages 6 against the County of Contra Costa, State of California. 7 A) The name and address of Claimant ?.s Herman D. Shahan, 11079 Sierra Vista Way, Lafayette, Ca. 94549 . i =_ 8 u;; �a• B) The post office address to which Claimant desires Notices rep.,::.'. 9 garding this claim to be sent is Watergate Tower, 1900 Powell:"` St. no. 101, Emeryville, Ca. 94608 10 C) The date, place and other circumstances of the occurrence Whit„ II gives rise to this claim are: On or about Oct. 18, 1986, Lafayette Police Officers emplo 12 ed, supervised, controlled, directed and as agents of the County:;; of Contra Costa, wrongfully and unlawfully enterdd into my home..: 13 at 1079 Sierra Vista Way, Lafayette, Ca. and wrongfully and unls fully assaulted and battered me, unlawfully and wrongfully hand�`?; '� 14 cuffed me and falsely imprisoned me in my home and wrongfully .ana , unlawfully arrested me and wrongfdlly and unlawfully imprisoned: 15 me in the Contra Costa County Jail, Martinez, Ca. wrongfully. anda. and unlawfully invading my privacy and wrongfully and unlawfull ;:. 16 violating my civil rights and wrongfully and unlawfully Causing1l:`_ Claimant public embarassment and public humilation; andtintentf 17 ally and negligently inflicting emotional distress on Claimant=.`' . as a direct and proximate result of the aforesaid wrongful and 18 and unlawful acts and omissions and ,conduct Claimant sustained bodily injuries and shock to his nervous system and person ands;'' ' . � 19 .:. • sustained emotional distress all to his general damages in the : ; ?{ r sum of $1,000,000.00 and special damages of $100, 000 . 00 Y0 D) The names of the Lafayette Police Officers and the names of the 21 Contra Costa County Sheriff 's . office employees involvedl:and resew . ponsible for the aforesaid 'violations of law, and violation ofa 22 of Claimant' s rights to privacy and violation of his civil rightd are unknown to Claimant at this time. 23 E) Claimant has sustained General damages for pain and suOering: 24 and public. embarassment and public humilation and emotional dis"...�. S tress in the sum of $1,000,000. 00. and special damages fo loss off'-", 25 earnings and medical expenses ,in the sum of $100 ,000.00.t - q Of 26 Dated: January 14, 1987. gcA oils'diem ACC C RUNNION ,,, ._, army A,,,. RMAN SHAHAN .d..p..i 1,.Cerpmho. ,ax: ,� 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 February 10 , 1987 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 bar the Board of Supervisors (Paragraph IV below). given pursuant to Government Code Amount: , 10 . 4 Million Section 913 and 915.4. Please note all •Marnil g9R nt'y Col: sol CLAIMANT: GLEN14 A. CAZENAVE JA1d 16 1987 111 Patricia Drive Martinez, CA 9451-S%-, ATTORNEY: American Canyon, CA 94589 Date received ADDRESS: BY DELIVERY TO CLERK ON January 14, 1937 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. ��IL gATCHELOR, Clerk DATED: January 15 . 1987 : Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (� v// 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: 41 Dated: BY: p(ty 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 DRDER: By unanimous vote of the Supervisors present IV) 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: F E B 10 1987 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 inconnection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING 1 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. Dated: FEB 111987 BY: PHIL BATCHELOR by �.-___-7-0L9P_uty Clerk CC: County Counsel County Administrator .j .j ECEIVED To: The COUNTY of CONTRA COSTA .J/ f J A its Date: 13 January 1987 CLE wn on I. Glenn A.Cazenave, hereby make claim against the COUNTY of CONTRA COSTA for the sum of $10.4 million, and make the following statements .in support of the claim: 1 . Claimant's post office address is: 111 Patricia DR American Canyon, CA. 94589 2. Notices concerning the claim should be sent to the above address. 3. The place and date of the occurences giving rise to this claim are The COUNTY of CONTRA COSTA West Juvinile Court, 31 Oct 1986. 4. The circumstances giving rise to this claim are as follows: On 31 Oct 1986, agents of the County of Contra Costa delivered testimony which was the culmination of a farce of an investigation, initiated on 18 Oct 1986, by Child Protection Services. On initating the investigation CPS removed my children from my custody and care. CPS placed the children in the control of their biological mother, Thelma J. Olsen. CPS was informed that Mrs. Olsen previously lost all custodial rights in Nov 1985, because she kidnapped the children in an effort to deprive myself and my wife and the children of affections and the familial relationship. . CPS failed to investigate. CPS was informed that Mrs. Olsen had subjected the children to mental cruelty, in that she constantly demeaned the familial relationship to the children. CPS ignored their duty given by CA. codes to investigate this. CPS has gone so far as to close their minds to statements made by the children themselves to their own agents, which maintain the truth in this matter. Although, CPS was ordered to insure visitation, they acted to limit visitations. Penny James was witness to the deterioration of the relationship and disregarded her duty to make reasonable efforts to return the children to their home. In breaching their mandatory duties of enforcement, proper investigation, and reporting, the county by it's agents, injured the claimant by contributing to deprivation and alienation of the the children's affections. Also, due to the extreme emotional distress suffered by the claimant, irreparable damage has been done to the claimant's marriage. 5. Claimant's injuries are extreme pain and suffering and insurmountable emotional distress. -1- 6. The names of public employees causing the* claimants injuries are: Robert E. Jorlin Penny James Colleen Johnson Dr. James Carpenter 7. My claim as of the date of this claim is $10.4 million. 8. The basis of computation of the above amount is as follows: Alienation of affection of child Katrina D. Cazenave. 2.6 million Alienation of affection of child Eugene J. Cazenave. 2.6 million Alienation of affection of child Constance E. Cazenave. 2.6 million Emotional Distress, general 2.6 million Total: 10.4 million Dated:01/13/1987 G e C 1 nn a _ znave CLAIMANT -2- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County. or District governed by) BOAR_D ACTION the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT February 10, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is you not ce o California Government Codes. ) the action taken on your claim by the Bard of Supervisors (Paragraph IV below). given pursuant to Government Code Amount: $1, 500. 00 Section 913 and 915.4. Please note all *Mornings". CGUJILY Cc U-,6e1 CLAIMANT: SHANE COUCH 3033 Enea Way JAN 2 61987 ATTORNEY: Antioch, CA 94509 Date received a c�, CA 9453 ADDRESS: BY DELIVERY TO CLERK ON January 1 lyis� BY MAIL POSTMARKED: January 12 , 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �dIL gATCHELOR. Clerk DATED: January 23 , 1987 : Deputy '-�� L. Hall 11. FROM: County Counsel TO: Clerk of. the Board of Supervisors ( 4 This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. 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. i.-;0,— BY.' ct ` � 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 DRDER: By unanimous 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. J/;7 Dated: FEB 10 1987 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 wil to file a court action on this claim. See Government Code Section 945.6. 1'oU 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 tures 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. Dated: FEB 11 1987 2_L/i� ��BY: PHIL BATCHELOR byputy Clerk CC: County Counsel County Administrator r DEC . 36P 198 - ---- -,ol. r .,-: ('� RECEIVED. - .IIF 9A553 I IM Dear ?.:embers of the Ro=r,:. of Surervisors : Due to no signs or proper r.,,arninF of the 'dead end ' of Empire Mine Rd. at� deer •,Ta.110, : oE,.a, 1 incurred der:e.ges to m;;% car. It has to be totaled. I %,.as goin - .. a.st on mire 1%'ine gid. when suddenl-�T I found that my car had crossed over Deer : a.11e;r I.oe.c? end over an embankment hittinc- a barbed wire fence an-i ost on the _=,ast side of leer Valley Road. The accident occurreC. on un;- iec . 21 , 1-86 on about Q. :30 r.r:. I d i,4; not g.et hurt but ,ronl T means of transportation is now totaled . I :-:nor.•: at hir2-1 s '_Table _esturant ant-:- I plan to go to Los Eedanos College next seines ter, nee,'i n- n. c-r bedl; Since no rro7e,r si-rns ;;ere -Postea on ar;- roa. an_! it is the County ' s responsibilit T to rroviae warnings of ro5zd zards, I am going to ask and to subn_it this st-ate^:ens ofwl.lf . . . . . . . . . . to Co?nrens,.te me for the unsafe condition fn_-, for the loss of r:: c_r. _Dle :se resr;ond at your earliest convenience . Thank you. SincerelTT ' z, Shane .Shane Couch address phone' "f7eo_ �.� 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 February 1� and Board Action. All Section references are to ) The copy of this document mailed to you is you nota 01f987 California Government Codes. ) the action taken on your claim br the Board of Supervisors (Paragraph IV below), given pursuant to 6overnaent Code Amount: $38 , 00 Section 913 and 915.4. Please note all •Wa V3fiotly Counsel CLAIMANT: LEROY H. HOLMES 516 So. 24th Street JA�J 2 G 1987 ATTORNEY: Richmond, CA 94804 Date received Martinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON January 15 , 1987 transmittal BY MAIL POSTMARKED: no enveloUe 1. FROM: Clerk of the Board of. Supervisors 70: County Counsel Attached is a copy of the above-noted claim. H gg ' DATED: January 23 , 1987 C�1L Depuiy OR, Clerk L. Hall H. FROM: County Counsel TO: Clerk of the Board of Supervisors I V1 N This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: r� Dated: /U�_ c9 �� BY: 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 unanimous 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: FEB 10 1987 PHIL BATCHELOR, Clerk, By ✓`cam �'� 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 way 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: FEB 11 1987 BY: PHIL BATCHELOR by ' '�—deputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA C9P;_,:0r , Wappiicat1onto: Instructions to ClaimantVerk of the Board F.0.Box 911 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 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 o this form. RE: Claim by )ReservAd fnr Ir)Reserve ,� stamps RECEIVED ) �hrd 11987. • Against the COUNTY OF CONTRA COSTA) ) M or DISTRICT) (Fill in name ) The undersigned claimant hereby makes claim against the Count of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: '�. When did the da��myya,,,ge or �n�ury occur? (Give exact date and hour] '�. Wfiere did tFie damage or injury occur? (Include city and county) --------------------------T-T------------ - --T a-eee------eee 3. How did the damage or injury occur? Giveuli details, use extra sheets if required) .+--e---------T---------------T--T----------------- -----------Te--T--eee 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? �. c...:.:... . NIZ-7. `'� (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? 6. What damage or �n�uries do you claim resulted? ZG�ve dull extent of injuries of damages claimed. - Attach two estimates for auto damage) ------------------------------------------------ ------------------- -- 7. How was the amount claimed above computed? Include the estimate amount of any prospective injury or__�1 54,0 8. Names and addresses of witnesses, doctors and hospitals. 11-2M j• `• " ir�os 3 C e,7i ,� — —----------——————-----——— — — —T 3. —Lis awl i� �es ou made on account of thT is—a—cci—dent-----or--injury:T—T---- ITEM AMOUNT :C�M•a��l{ R+E --- IK;:Ykatifi•M 447 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 Telephone No. •� Telephone No. �:•�,_: .�_ �_ /✓ ;'=` NOTICE - - Section 72 of the Penal Code provides: '.:very 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. " ,,:.... •nom ^M •.,L•.. y..' •'�-•J�'.. . i', �. CONTRASTA COUNTY DETENTION FACILIT. :r :; L J I S 1 CL THING RECEIPTS ! 12122/' �a .. DATE: :•TIME: NAME L,F,M . HOLMES LEROY. HOWA D. BOOKING BR:' . Y Szk 86029197) ppg• �_'"'08 :1'• ./31 {P {' :4 �y.. . f4 ACLOTHING . ..tSL3 ' SHIRT ^. t �.�i`. )<. r ': r' PANTS COAT '' . ��� ff SHOES ' L HORTS T SHIRT �7 j a SOCKS .t' ;:;.::;... HAT O. .SWEATER ^ BELT TIE 1 ` -. ,OTHER INTAKE CLH OFC INMATE MURE CLOTHING BOX ASSIGNED: Vol CLOTHING RACK ASSIGNED: RELEA F REL ODATE: yr RECEIVED ALL CLOTHING" -INMATE Ar CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA as Ex-Officio as the 3overnin'g Board of the Contra Costa CountyConsolidated Fire Claim Against the County, or District governed by) District BOAR_ D ACTION the Board of Supervisors, Routing Endorsements. ) NOTICE TO CLAIMANT February 10, 1987 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 bythe Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $175 . 73 Section 913 and 915.4. Please note alpgjl At�;gr'0unso CLAIMANT: SUN14YVALE WEST H0ME0WNERS ASSOCIATION JAN 1 1 67 2129 Londondeary Court Nlar inez, CA c,_145r--,-. ATTORNEY: Walnut Creek, CA 94596 Date received ADDRESS: BY DELIVERY TO CLERK ON January 13 . 1987 BY MAIL POSTMARKED: January 9 , 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Januar 13 VIL BATCLELOR, Clerk �� DATED. y , 1987 8 Dep y 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: Zcry BY: Deputy County Counsel 11I. 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 unanimous 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: FEB 10 1987 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: PHIL BATCHELOR by puty Clerk CC: County Counsel County Administrator s CZ,AIMjrO: •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 f - amps fG,W.61144E 44J� RECEIVEO Aga' t the COUNTY OF CONTRA COSTA) or /l�fA�'i�ec/PU /"/QF �/�1x1' DISTRICT) (Fill in name) ) The undersigned claimant hereby makes claim against the County of?Contra Costa or the above-named District in the sum of $ _17/7,r 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 did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details, use extra sheets if required) 4 . What particularact or owi-se+on on the part of county or district officers , servants or employees caused the injury or damage? 3 (over) 5'. Wkiat are the names k'Df county or district officers , servants or-. I employees causing 'che damage or injury? rOit?7'aL/ ._01TE_/J 1c1'ee /f 7/l/C 7- ----------------------------- a __ _ ____ _____ ` 6 . What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) .f'r2 _ a M /,_ /1i9/Af G[zl _Tc_i t/ �1i00L% o%_ ___r/,4 - --- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) - - RaImP-esIP, an-d-f-Ea--dtd-'-re-sEsiet/s c,-oL-O-J-w'c-itD-ne__s-si-el/-s!/-,G-/dC-o.cct-o-r-s-- �yJ and-ho1s-p-ta---s-.------------- 4? A'/ 3 f-d�G .rte.v .V, itures you made on account of this accident or injury: ITEM AMOUNT 12 Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or s me per.5o.n on his behalf. " Name and Address of Attorney RIV . Claimant' s Signature Address A_ Uv ran,nr"T�� qMa 96q�9b Telephone No. Telephone No. �y�{�-CK%-yZ42-yZ4 - ************************************************************************** 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. " CUSTOMER MAIL.COPY v - BENERL PLUMBING: SUPPL '°� I•IOLESA!<.E DISTBiIBUTdIRS �r=�;�:.�,"� �!Phte�' l N ��!•s�IMj �`• .-so�D:TO F* --•�aa -A���-Y;,,.. SUSINESS'COCATION MAIL ADDRESS . $RANCH;OFFICES'; y., 9530 SAN LUIS RD.WALNUT CREEK '. . . . :::P.O.-BOX 4666 SONORA(209)532-5574.ELECTRICAG.(209►M-5577 •. ..{CORNER N.MAIN 3 SAN LUIS RD.) WALNUT CREEK;CA 9-4596. 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N, ::. .'.' c'•::C M.,:•''t� X SERVICE CHARGE OF 11@%.PER MONTH WILL BE CHARGED ON OVERDUE ACCOUNTS WHICH IS 18%ANNUALLY.: y' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOAR_ D ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 10 , 1987 and Board Action. All Section references are to ) The copy of this document nailed to you is your notice o California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $50. 00 Section 913 and 915.4. Please notCgJL1,rft�r ftli !SCI CLAIMANT: MARK DUGLASS SHIFLETT 2400 Lemmontree Court ATTORNEY: Antioch, CA 94509 Date received nMartinez, CA 4 ADDRESS: BY DELIVERY TO CLERK ON January 13 . 1967 BY MAIL POSTMARKED: January 9 , 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: January 13, 1987 ��: 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 910.6). ( ) 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 L ,7_— cru` Z L S" 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 unanimous 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: FEB 10 1987 PHIL BATCHELOR, Clerk, By ✓lam Deputy Clerk ___ k� 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: FEBY: PHIL BATCHELOR by ( l *(_�_"uty Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA C _ fr1Yapplication to: ' Instructions to ClaimantC erk of the Board .O.Box 911 ! Martinez,Cafitomla 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 Superviam(" at its office in Room 106, County Administration Building,,.,.O$l Pine Street, Martinez, California 94553. C. If claim is against a district governed by thp .:eoara of' Supervisors, cathen than the County, the name of the Distript zhould be filled in. D. If the claim is against more than one public entity, separate claim= must be filed against each public entity. , E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of form. �**��**��*rr*,�f�*�rrrr***��#*�:*�r�**��*�*•*re**�*��r:**�*�rr�r�«+�+r*�**r��:*�*rr** RE: Claim by ;Reserve r Clerk's moiling stamps RECEIVED Against the COLrN^Y OF CONTRA COSTA) J111'i l� y�r, or Q.� .. ?' &Jk_Nir5trD1STRICT) +w 1 r ) The undersigned claimant-:hereby makes 'claim against a Contra Costaor the above-nAmed ,District in the sum o $ �Q and !A:support of th s claim represents' -As follows: ----------------- ------ - -- -- ----- �. -When did the, dz.lge or injury-occt?r; Give exact date and hour] 2i - --------------- Where dict t e dar.ag.. or jury occ-.:t'? (Include city and county) _ !. Sow di she damage `Or �:injury...,Qcct;x� 'dive dull details, use-extra - sheets if required) tort J IL cin � �� .._ ___.,K�•>>..n✓' \ I What paH,19 K -- - ----- -- _ r ular actin-omission or, the - - - T""T'---- Fart of county or diFtrict r officers, servants or employees caused the injury or damage? Dl1y (ower) 8 V ��,r:2 ­'what are the names of county or district officers, servants or a +sployees causing' the damage or ifi jury? `tea U- / - -- --- - - - - - - X n - 6. What dama a or n uries do out►c�sim resulted? ZGtve dull a to t g 7 Y of injuries of damages claimed. Attach two estimates for auto damage) - --------- - ------ --- ---------------- - ------------- 7. How was the amount claimed above computed? Include the estimated amount of any prospective injury or damage.) 8. Hames and addressa6 of witnesses, doctors and hospitals. _ 1_.� Lrs LY`i es ou made cn account of this accident or inaury: D V1303 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 3o�X-1 o �- So �e r.0 Se rS Clz imam s S gnature i Ad3ress . Telephone No. Telephone No. +r:�*:*�#*s�*�*�teta�*��rt+r**lret*x*�t•�**tww�trf•1�t*���*t*+��*���*��tt��*�**�� NOTICE Section 72 of the Penal Cade prov;d.-3iip "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, torn, 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." f ` 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 February 10 , 1987 and Board Action. All Section references are to ) The copy of this document wailed 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 Gr�, pt 6�e n cl Amount: Unspecified Section 913 and 915.4. Please note all •Yarnin�s CLAIMANT: MORTON TECHNOLOGIES, INC. JAN 16 1987 Wild & Jeffrey (Martinez, CA %94553 ATTORNEY: 1700 Montgonery St . #110 San Francisco , CA 94111 Date received ADDRESS: BY DELIVERY TO CLERK ON January 12 , 1987 BY MAIL POSTMARKED: January 9 , 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a Copy of the above-noted claim. Januar 15 19 ppHH1L ATCHELOR. Clerk DATED. Y , 87 Bl': Deputy L. Hall ]l. FROM: County Counsel TO: Clerk of the Board of Supervisors (�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: c; L� BY: � . Jct' �"""IIeputy 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 unanimous vote of the. Supervisors present (K) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: FEB 10 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk YARNING (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 1B; 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: FEB 111987 BY; PHIL BATCHELOR by � v �Z_" puty Clerk CC: County Counsel County Administrator CLAIM AGAINST COUNTY OF CONTRA COSTA CLAIMANT'S NAME: MORTON TECHNOLOGIES, INC. CLAIMANT'S ADDRESS: P.O. Box 1659 600 "B" Street Santa Rosa, CA 95402 AMOUNT OF CLAIM: Unknown - Claim for partial and total indemnification and/or contribution. ADDRESS TO WHICH NOTICES ARE TO BE SENT: Wild & Jeffrey, 1700 Montgomery Street , Suite 110, San Francisco, California 94111. DATE OF OCCURRENCE: In or about March 1983 and con- tinuing. PLACE OF OCCURRENCE: 3430 San Pablo Dam Road, San Pablo, County, of Contra Costa, California . NATURE OF OCCURRENCE: In or about March 1983 , rains fal- ling in Contra Costa County and particularly on the properties adjacent to 3430 San Pablo Dam Road in San Pablo, caused flooding, landslides, subsidence activity, the diversion of an abnormal vol- V�� umn of water, and the deposit of RECE � landslide debris on the property located at 3430 San Pablo Dam Road n in San Pablo, thereby causing JA! damage to said property. It is alleged that the damages to the premises were caused by inadequate design, development and construc- tion of a condominium project located adjacent to 3430 San Pablo Dam Road. On November 25, 1986, claimant Morton Technologies was served with a Third Amended Com- plaint for Damages (Contra Costa Superior Court No: 253706) . Claim- ant believes that the County of Contra Costa is responsible, wholly or in part, for the damages, if any, alleged in that complaint . Claimant filed an answer to the complaint on December 12, 1986, and also filed a cross-complaint on December 12, 1986. ITEMIZATION OF DAMAGES: Claimant is unable to state with certainty the damages arising from this matter but the same will include its attorney's fees, costs and the amount, if any, that it is compelled to pay with regard to any settlement, judgment or verdict with regard to the Casas Del Sol III- -- Oak Park Homeowners Assoc. , etc. , et al. . v. Baldwin & Howell# et al . litigation. DATED: January , 1987 WILD & JEFFREY BY �E JOS PH P. N SPOR Attorney for Claimant MORTON TECHNOLOGIES / A,5 l CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION _ the 86ard of Supervisors. Routing Endorsements, ) NOTICE TO CLAIMANT February 10, 1987 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 6overnaent Code Amount: $500, 000 . 00 Section 913 and 915.4. Please note all CJ`s"CoLnso1 CLAIMANT: EMILY ANDERSON AND WARREN ANDERSON J A N 1 C) 1967 c/o A. Araceli Ramirez ATTORNEY: Coker & Tays , Attorneys - Abogados (�� �' ��>�� CA 94558 509 Railroad Ave. Date received ADDRESS: Pittsburg, CA 94565 BY DELIVERY TO CLERK ON January 12 , 1987 BY MAIL POSTMARKED: January 9 , 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Januar 15 , 1987 QQHHIL BATCHELOR, Clerk GATED: y BY: Deputy L. Hall ll. FROM: County Counsel TO: Clerk of the Board of Supervisors (1�,J This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated' BY:-`./ Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous 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. FEB 10 1987 � . ,� , o / Dated.. PHIL BATCHELOR, Clerk Bp De utyClerk Y WARNING (Gov. code section 9]3) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the •i1 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. " Dated: FEB 111987 Y. PH BATCHELOR B IL B TC ELOR Dy Deputy Clerk CC: County Counsel County Administrator 4 CLAIM AGAINST THE COUNTY OF CONTRA COSTA AND ITS AGENTS AND EMPLOYEES EMILY ANDERSON and WARREN ANDERSON hereby present a claim for damages against ,the County of Contra Costa and its agents and employees. ADDRESS OF CLAIMANTS: 176 Bailey Road West Pittsburg, CA 94565 ADDRESS TO WHICH NOTICES SHOULD BE SENT: A. ARACELI RAMIREZ COKER & TAYS, Attorneys - A �'vv 509 Railroad Avenue Pittsburg, CA 94565 DATE, PLACE AND CIRCUMSTANCES OF OCCURRENCE: Claimants are black American citizens and citizens of the State of California. On or about October 26 , 1986 , at approximately 5: 00 or 6 : 00 p.m. , at or near 176 Bailey Road, West Pittsburg, County of Contra Costa, State of California, a Contra Costa County Deputy Sheriff appeared at the above address, identified himself as a peace officer, and in- formed Claimants that he was in possession of and was executing an arrest warrant for Claimant WARREN ANDERSON. Claimant WARREN ANDER- SON, knowing that there was absolutely no possibility that such a warrant existed, identified himself to the officer by his true name and asked to have the opportunity to inspect the purported document. During this conversation, the officer stood outside at the 176 Bailey Road residence and Claimants WARREN ANDERSON and EMILY ANDERSON were inside of said residence. Claimant WARREN ANDERSON indicated repeatedly that he would voluntarily go with the officer if only the officer would show him the arrest warrant. Notwithstadning these repeated requests, the officer refused to show Claimant the alleged warrant. - Instead, the officer broke into Claimant EMILY ANDERSON' s home and assaulted, battered, harassed and verbally abused Claimants. Immediately following the officer' s illegal entry into Claimant EMILY ANDERSON' s residence, said Claimant' s minor son, Derrick, dialed for emergency response to an illegal breaking and entering. Simultaneously, the officer called for back-up assistance. Two additional sheriff' s deputies responded to the back-up request. These officers also entered Claimant' s residence without her consent and without a search warrant. Further, neither officer was in possession of the purported arrest warrant for WARREN ANDERSON. -1- The officers then proceeded to twist Claimant WARREN ANDERSON' s arms behind his back and pulled his hair. Claimant was then hand- cuffed and thrown to the floor in front of the fireplace. Claimant EMILY ANDERSON, witnessing the officers ' brutality directed at her brother, sought to protect him from further uncon- stitutional abuse. However, her efforts were thwarted when one officer threatened her with his baton. Thereafter, Claimant was also violently handcuffed. Claimants were both arrested; transported to the Contra Costa County Detention Facility in Martinez , California, where they were detained; and, were subsequently released on their own recognizance. Prior to arresting EMILY ANDERSON, the officers consulted with one another and were overheard to have discussed what specific basis could be relied upon to have her taken to jail. The officers con- cluded that she could be arrested for interfering with the arrest of her brother, WARREN ANDERSON, and for battery. Claimant WARREN ANDERSON was purportedly .arrested for giving the officer a false name. Claimants are informed and believe that the arresting officers will or have already conspired to fabricate a false incident report to exonerate the Contra Costa County Sheriff' s Department for any and all liability for the deliberate violation of Claimants ' consti- tutional and statutory rights and for the injuries inflicted upon Claimants' . persons arising out of such illegal conduct. Furthermore, Claimants are informed and believe that the respon- sibles will or have already conspired to have false and unwarranted criminal charges filed against Claimants, and to cause Claimants to be subjected to criminal punishment therefor. PARTIES RESPONSIBLE: THREE UNKNOWN CONTRA COSTA COUNTY DEPUTY SHERIFF OFFICERS CONTRA COSTA COUNTY SHERIFF CONTRA COSTA COUNTY BOARD OF SUPERVISORS AMOUNT OF CLAIM: $ 500 , 000 . 00 . GENERAL DESCRIPTION OF INJURIES AND BASIS OF COMPUTATION OF DAMAGES: As a direct result of the acts of the responsibles, Claimant WARREN ANDERSON suffered injuries to his wrists, arms , head, and back. Additionally, Claimant has incurred medical expenses .in an amount not yet fully ascertained. Claimant EMILY ANDERSON suffered injuries to her arms and body. Additionally, Claimant has incurred medical expenses as a direct result of the incident. The precise amount of said medical expendi- tures is not known to Claimant as of the writing of this claim. -2- Each Claimant seeks $ 50 , 000 . 00 in general and compensatory damages, and $ 200, 000 . 00 in punitive and exemplary damages. Compensatory damages are computed on the basis of the amount it would take to adequately compensate Claimants for the physical pain, fright, nervousness, grief, anxiety, worry, mortification, shock, humiliation, indignity, embarrassment, apprehension, terror and loss of pride and dignity as American citizens and human beings. All of these injuries occurred as a direct result of the October 26 , 1986 , incident. Punitive and exemplary damages against all individually-named responsibles are computed on the basis of the outrageousness of their conduct; the nature and extent of their culpability; the wealth of those responsibles; the amount of benefit derived as a consequence of the wrongful conduct; and, the amount of the punitive damage award that would be essential to deter future wrongful actions against Claimants and/or other persons of Claimants' class . Dated: January 7th 1987 . EMILYA DERSON Claiman Dated: December 6th , 1986 . , WARREN ANDERSON Claimant Dated: January -r 1987 . COKER & TAYS i lea A. ARACELI RAMIREZ Attorney for Claimants -3- APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA as Ex-OFFICIO as the Governing Board of the Santitation District No. 15 BOARD ACTION February 10, 1987 Application to File Late Claim ) NOTICE TO APPLICANT 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: W. H. Ebert Corporation County Counsel c/o Daniel J. McNamara 1987 Attorney: McNamara, Houston, Dodge, McClure & Ney JAN 2 e 1211 Newell Ave . , ; 202 c Address: Walnut Creek, CA 94596-1288 Martinez, CA 9453 Amount: 3. 95 Million By delivery to Clerk on January 9 , 1987 hand del . .Date Received: January 9 , 1987 By mail, postmarked on no envelope 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: 1-23-87 PHIL BATCHELOR, Clerk, By Deputy 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). (�) The Board should deny this Application to File Late Claim (Section 911.6). DATID: (,�c. YSIiICTOR WESTMAN, County Counsel, By7�4,�, uty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This. Application is granted (Section 911 .6). X) 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. /2 FEB 10 1987 DATE. PHIL BATCHELOR, Clerk, By C Deputy WARNING (Gov. Code S911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you frcm the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court Within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection With this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Boardfs copy of this Claim in accordance with Section 29703. DATED:. FEB 11 1987 PHIL BATCHELOR, Clerk, IV �� 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 1 MCNAMARA, HOUSTON., DODGE, McCLURE & NEY 1211 Newell Avenue, Suite 202 2 Post Office Box 5288 Walnut Creek, CA 94596-1288 3 Tel: ( 415 ) 939-5330 4 5 RECEIVED 6 ;i SAN 1967. 7 e T °" as R T . 8 �. In the Matter of the Claim of ) 9 W: H. EBERT CORPORATION, SPARTAN ) CONSTRUCTION CORPORATION, and ) 10 W. H. EBERT CORPORATION & SPARTAN ) APPLICATION FOR PERMISSION CONSTRUCTION CORPORATION, A ) TO FILE LATE CLAIM 11 Co-partnership ) (Govt. Code sec. 911. 4) 12 against ) ) 13 SANITATION DISTRICT NO. 15 ) 14 TO: SANITATION DISTRICT NO. 15 15 Application is hereby made for permission to present the 16 attached claim after expiration of the time limit provided in 17 Government Code section 911 . 2 . 18 19 ( 1) As indicated by the attached claim, claimants ' cause of 20 action accrued on or about October 3 , 1985, by virtue of the fact that the underlying plaintiffs ' damages are and have been 21 22 continuous and ongoing. ( 2) The time for presentation of such claim under Government 23 24 Code section 911. 2 expired on or about January 9, 1986 . 25 ( 3 ) The reason for the failure to present such claim within 26 the time provided in Government Code section 911. 2 was as follows: 27 28 (a) Plaintiffs in the underlying class actions to dat MCNAMARA,HOUSTON. have not named Contra Costa Sanitation District No. 15 (herein- )ODGE,MCCLURE&NEY ATTORNEYS AT LAW 211 NEWELL AVE..SUITE 202 IY P.O.BOX 5288 NALNUT CREEK.CA 9459E 14151 939-5330 1 after the DISTRICT) as a defendant. Also, Contra Costa County 2 (hereinafter the COUNTY) had named the DISTRICT in its Cross- 3 complaint for indemnity ( filed July 13 , 1983 ) but had not require 4 the DISTRICT to formally answer until September 1986 ( answer file 5 on or about September 30 , 1986) . Thus, claimants were reasonably 6 sure that the DISTRICT was merely a political creation with no 7 actual or real authority or responsibility for the subject 8 sanitary sewer collection system other than such system being 9 located within its political boundaries. Recent discovery 10 efforts,i depositions , interrogatories and requests for production 11 of documents and things have revealed that the DISTRICT is 12 responsible for all maintenance and repairs to the subject system 13 even though it has no employees of its own. Claimants are now 14 informed that all DISTRICT "employees" are COUNTY employees who 15 act in an ex officio capacity for the DISTRICT. 16 Additionally, it was learned through recent depositions of 17 plaintiffs ' class representatives that their claimed damages as t 18 excessive sewer tax assessments, diminution in value to their real 19 property and inability to fully develop their real property were 20 of an ongoing and continuous nature. 21 Claimants acted to file this application within a reasonable 22 time after such discovery of the DISTRICT' s probable involvement 23 as set forth above and after the DISTRICT filed its own Cross- 24 complaint on or about October 10 , 1986 , demanding indemnity from 25 claimants. 26 The DISTRICT will not be prejudiced by the delay in submit- 27 ting this claim as it has been fully aware of the underlying 28 cross-actions through the COUNTY employees who are ex officio MCNAMARA,HOUSTON, DODGE,MCCLL'RE&NEti' ATTORNEYS AT LAW 1211 NEWELL AVE..SUITE 202 - - P.O.BOX 3288 WALNUT CREEK.CA.9439E 1415)939.3330 1 employees and officers of the DISTRICT. The COUNTY has partici- 2 pated fully in all discovery and settlement conferences to date. 3 Moreover, claimants in their Answer to the DISTRICT' s Cross- 4 complaint have raised by way of affirmative defense a claim for 5 equitable apportionment of fault and damages. 6 I certify and declare under penalty of perjury under the laws 7 of the State of California that the foregoing is true and 8 correct. 9 DATE: December 31 , 1986 10 11 G. OF OD Attorney f � � C imants ' 12 W. H. EBERT CORPORATION, SPARTAN CONSTRUCTION 13 CONSTRUCTION, and W. H. EBERT CORPORATION and 14 SPARTAN CONSTRUCTION CORPORATION 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MCN.utARA,HOUSTON, DODGE,MCCLURE&NET ATTORNEYS AT LAW 211 NEWELL AVE.SUITE 202 -3- P.O BOX 6268 WALNUT CREEK.CA 04396 44151 039-6330 MCNAMARA, HOUSTON, DODGE, MCCLURE i� NEY DANIL.LJ. MCNAMARA ATTORNEYS AT LAW THOMAS E. PFALZER WILLIAM K. HOUSTON,JR. 1211 NEWELL AVENUE, SUITE 202 DIANNE KREMEN COLVILLE RICHARD E. DODGE. WILLIAM J. DIFFENDERFER MAILING ADDRESS P. O. BOX 5288 DOUGLAS C. MCCLURE G. GEOFFREY WOOD WALNUT CREEK, CALIFORNIA 94596 MICHAEL J.NEY _ � LEONARD J.COOK THOMAS G. BEATTY KAREN L. UNO ROBERT M. SLATTERY (415). 939-5330 LINDA J. SEIFERT J. THOMAS DEAL ROGER J. BROTHERS MICHAEL J.COCHRANE PLEASE RESPOND TO: p December 30 , 1986 STUART CHARLES GILLIAM P.O.BOX 5288 RICICARDO A. MARTINEZ WALNUT CREEK.CA 94596-1288 Board of Directors Contra Costa County Sanitation District No. 15 651 Pine Street, Room 106 Martinez , CA 94553 Attention: Board of Directors Re: W. H. Ebert Corporation, A California Corporation; Spartan Construction Corporation, A California Corporation; and W. H. Ebert Corporation and Spartan Construction Corporation, A Co-Partnership Contra Costa County Superior Court No. 241439 consolidated with No. 240385 Gentlemen: This letter is to present a claim against the Contra Costa County Sanitation District No. 15 (hereinafter the District) pursuant to Government Code section 910 regarding the alleged deficiencies in the design, construction, inspection and maintenance of the sanitary sewer collection system at Bethel Island and resulting damages therefrom. Plaintiffs , the property owners within Contra Costa County Sanitation District No. 15 , have filed the above-referenced class actions against the designers and inspection engineers, CDM, Inc . , the contractor, W. H. Ebert Corporation and Spartan Construction Corporation, and Contra Costa County (hereinafter the County) for damages arising from the design, construction, inspection and maintenance of the sanitary sewer collection system on Bethel Island within District No. 15 . The District was not named as a defendant by either of plaintiffs ' class action suits . ' The County filed a Cross-complaint on July 13 , 1983 , naming among others the District as a cross-defendant. The District answered the County' s Cross-complaint on or about September 30 , 1986 . The District filed its Cross-complaint on or about October 10 , 1986, naming among others W. H. Ebert Corporation, A California Board of Directors Contra Costa County Sanitation District No. 15 December 30 , 1986 Page 2 Corporation; Spartan Construction Corporation, A California Corporation; and W. H. Ebert .Corporation and Spartan Construction Corporation, A Co-Partnership. Assuming plaintiff real property owners are entitled to recover monetary damages for alleged deficiencies in the sanitary collection system at Bethel Island, ( cost for repairs of present and continuing leaks within the collection system and costs for increasing the size of the treatment plant in order to accommodate the allegedly excessive flows coming from Bethel Island both of which have and will continue to be paid by plaintiffs through excessively high sewer tax assessments; and for diminution in value of plaintiffs ' real property because of the poor condition of the collection system) said damages will have been sustained because of the negligence of the District. For that reason, W. H. Ebert Corporation, Spartan Construction Corporation, and W. H. Ebert Corporation and Spartan Construction Corporation, a Co- Partnership, look to the District to assume their defense and indemnify them for any judgment. Should the District fail to settle this claim directly with the County and/or plaintiffs directly or agree to defend and indemnify W. H. Ebert Corporation, Spartan Construction Corporation, and W. H. Ebert Corporation and Spartan Construction Corporation, A Co-Partnership, there will be no alternative to filing a Cross- complaint against the District alleging causes of action for total and equitable indemnity. Conforming with Government Code section 910 , the following is provided: 1. Claimants : W. H. Ebert Corporation, A California Corporation; Spartan Construction Corporation, A California Corporation; and W. H. Ebert Corporation and Spartan Construction Corporation, A Co-Partnership, have been named and served in the underlying class actions , the County' s Cross-complaint and the District' s Cross-complaint as defendants and cross-defendants respectively. 2 . All notices should be sent to claimants ' counsel of record addressed to Daniel J. McNamara at McNamara, Houston, Dodge, McClure & Ney, 1211 Newell Avenue, Suite 202 , Post Office Box 5288 , Walnut Creek, CA 94596-1288 . 3 . The instant claim against the District arises as a result of claimants being served with the District' s Cross-complaint Board of Directors Contra Costa County Sanitation District No. 15 December 30, 1986 Page 3 for indemnity .on or about October 10 , 1986 . 4. Claimants have not suffered damages to date other than the cost of investigating the case, defending the underlying class action and Cross-complaints and entering a defense to the District' s Cross-complaint. However, claimants stand the risk of being found totally or partially liable for plaintiffs ' claimed damages as a result of the District' s Cross-complaint. 5 . The District' s Cross-complaint appears to arise from the District being served with the County' s Cross-complaint for indemnity. The County' s Cross-complaint was filed on July 13 , 1983 , and the District answered that Cross-complaint on or about September 30 , 1986 . The County' s Cross-complaint in turn appears to arise from the class action suits of Ralph Smyer, et al. , vs . Contra Costa County; Contra Costa County Superior Court Action No. 241439 consolidated with Ralph Smyer, et al. , vs. CDM, Inc. , et al. , Contra Costa County Superior Court Action No. 240385 . 6 . These underlying class actions seek monetary damages on behalf of plaintiff property owners for alleged defective design, inspection, construction and maintenance of the sanitary sewer collection system installed on Bethel Island which is within the District No. 15 . Plaintiffs claim additional damages for ( 1 ) diminution in value of their real property because of alleged inability to fully develop such real property as a result of the defective collection system; and ( 2 ) for increased annual sewer tax assessments as a result of an allegedly unnecessary second public sewer bond which proceeds were used to increase the size of the treatment plant necessitated by excessive flows from the. defective collection system on Bethel Island. Plaintiffs ' damages as to diminution in value of their real property and increased annual sewer tax assessments are continuing. 7 . Claimants are the general contractors who constructed the sanitary sewer collection system on Bethel Island pursuant to public contract with the District. That collection system was designed and inspected during construction by defendant, cross-complainant and cross-defendant CDM, Inc. 8 . The particular employees and agents of the District who are responsible for the design, inspection, maintenance and management of the sanitary sewer collection system on Bethel Board of Directors Contra Costa County Sanitation District No. 15 December 30 , 1986 Page 5 2 ) Additional power costs for treating the excess flows - $1 . 303 million. e. Additional disposal costs due to excessive flows from District No. 15 to Oakley-Bethel Island treatment plant is comprised of : 1 . 105 million 1 ) Capital costs for expanded facilities - $748 , 000, and 2 ) Additional cost for power and other operating costs - $357 , 300 Approximately $3 . 95 million Please advise if you wish any additional information or if you require the above information or some particular claim form prior to entertaining this claim. Thank you for your consideration. Very truly yours, McNAMARA, HOUSTON, DODGE, McCLURE & NEY G. GEOFFR OOD GGW:bjc 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 February 10 , -.1987 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 Gov, rnment Code Amount: Unspecified Section 913 and 915.4. Please note all •Ya�Wiily.coul%cl CLAIMANT: DAN COSTA JAN 561 Sequoia St . rcrr,C-: CA o r, ATTORNEY: Brentwood, CA 94513 � Gate received ADDRESS: BY DELIVERY TO CLERK ON January 8 , 1987 BY MAIL POSTMARKED: January 7, 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL BATCHELOR, Clerk / DATED: January 13 , 1987 �b: 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- '(./^_ /2"ff 7 BY 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). IV. BOARD ORDER: By unanimous 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: FEB 1 0 1981 PHIL BATCHELOR, Clerk, By �✓CC.� 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 connection1with 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. Gated: FEB 111987 BY: PHIL BATCHELOR by 1 Deputy Clerk CC: County Counsel County Administrator 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 , California 94553. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each .public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps ) RECEIVED Against the COUNTY OF CONTRA COSTA) .1f;i, 19fi1. or DISTRICT) (Fill in name) ) t The undersigned claimant hereby makes claim a Contra Costa or the above-named District in the sum of and in support of this claim represents as follows : --------------------------------------------------Jaii t _YL P. L--- 1 . When did the damage or injury occur? (Give exact date and hour) ���2c�X 2. Where did the damage or injury occur? (Include city and county) = was 4coave,\'AaJ sc��hb oy�.�l a ,, �a:,t v.ew i'1vQ, w`A e v� a c0,ky � ghe c:� nn QS 2. a v\ lv,+X5CJe— n ��o,,'� e-� wee c�,,,s;+�� nny Car kJ a1 50 mp.h, ------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details, use extra sheets if required) ------------------------------------------ 4 . Whatlar cular 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 or injury? Ec,(-V "�Gbdcc'Sa,� SP�Q;� IS��a,� �l��, ..�1r� CkVZ#,4.tb� \ myospasmS . 4nA Ce--0'1\q\S,C"/ �\AW- q r Sp rcx t / Sico,: n , bum �0 �ype-�"�1eXtoYn/hIPRr'rr Aef,54 ----- 6-. Wtlat da�age o i-njuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates .for auto damage) --- 7. How was the amount claimed above computed? (Include the estimated _ amount of any prospective injury or damage. ) SAN t 0us�a(�kU , SnV�RQrncl�,Ca.�ivs+f? 8. Names and addresses of itnesses, doctors d hospitalsW,G K 76S Oc,kk" Co.. q4 101 9. List the �penditures you made on account of this accident or injury: DATE ITEM AMOUNT Govt. .Code Sec. 910.2 provides : ' "The claim signed bythe claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney Claimant' s Signature Addres:s Telephone No. Telephone No. NOTICE Section 72 of .the Penal Code provides: '-Xve,ry person ..who, with intent .to defraud., present-s 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 goVrued by) BOARD ACTION the Board of Supervisors, Routing'Endorsements, ) NOTICE TO CLAIMANT February 10 , 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by-the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please.note all 'Warnings". CLAIMANT: � CITY OF SAN RASION Re : Mayrdawna Davis 2222 Camino Ramon ATTORNEY: San Ramon, CA 94583-1350 Date received ADDRESS: BY DELIVERY TO CLERK ON January 14, 1987 CAO 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. DATED: Januar 15 1987 Jdll Bepuiy OR, Clerk 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: 9. /�(� BYCounty 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 unanimous 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.FEBDated: r 10 iqp] PHIL BATCHELOR, Clerk, By lC 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: FFB 111987 BY: PHIL BATCHELOR by -Deputy put Clerk CC: County Counsel County Administrator City of San Ramon 2222 Camino Ramon San Ramon. California 94583-1350 (415) 866-1400 January 9, 1987 Mr. Joe Tonda Contra Costa County Risk Management Department 651 Pine Street Martinez, CA 94553 Dear Mr. Tonda: Per our conversation this morning I am forwarding the two claims which we discussed to you for your action. The City of San Ramon's Police Services Contract with the County provides that the County hold the City harmless in any of these cases which involve Police Services. I have already forwarded the claim information to the Contra Costa Risk Management Authority which handles claims on behalf of the City. The City will also deny both of these claims as a matter of procedure. If you need additional information please let me know. Thank you for your assistance. Sincerely yours,, at Mary Vail Assis nt to City Manager MSV/aa C— Enclosure L t TO tj_L,.T + CONTRA COSTA COUNTY MUNICIPAL RISK MANAGEMENT INSURANCE AUTHORITY LIABILITY/LOSS NOTICE FORM Use this form to report any incident or verified claim in which the city may be liable FROM: Citv of San Ramon TO: • CONTRA COSTA COUNTY (t, or town) MUNICIPAL RISK MANAGEMENT CITY CLAIM# LC / r > ( )' Insurance Authority o Cy yr, log number (Ft-Ir -Jan 31 ) 1415 Oakland Blvd.—#215 DATE &TIME OF LOSS 7-11-S6 E = 00 "•m• Walnut Creek, CA 94596 Attn: Claims Manager DEPARTMENT LOCATION CODE o 0 L — (Up to 5 letters) ('If one incident has multiple claimants use same claim#, but add letter suffix and enter each in log ie. OOIA, 001B separately) COMMENTS TO ADJUSTER This '-5 yhe re-f ili ncI of a case :7hich 'cud nrevict d i qmi c_,;ed and closed . Case y.,i l 1 also be _' r`•--arded -to Coti;i1" ' Itco y}:e rit-Ig rnntrnc fl hnl (+'7 tt4 hirmi;>c-s - ' 'i11 Cr?7n 11,� -h- i V CLAIMANT/INJURED'S NAME ADDRESS PHONE P.O. Box 43183 Mayrdawna Ane Davis Oak.].and , CA-9 4 6 2 0 18 3 x.2.9-,'est; CLAIMANT'S ATTORNEY ADDRESS PHONE None WITNESS NAME ADDRESS PHONE rj/A CITY EMPLOYEE INVOLVED/CONTACT DEPARTMENT PHONE Mary Vail. Cil« i-1anagers Office 356-= '_00 LOCATION OF OCCURRENCE 2807 'n= z.ngdaie L' cme =an F�anon , A r )r 0 DESCRIPTION OF OCCURRENCE/DAMAGE See at'-ached urL 1arv- t'i A c c 4.d n`' 1 J POLICE/CHP REPORT# ' `-' - CITY VEHICLE# (or enter -none") ENCLOSURES: VERIFIED CLAIM POLICE REPORT ❑ PHOTOS C3 (aleck if included) OTHER :7timmr ns DATE '/ SUBMIT TED BY 1 PHONE NO. ` DISTRIBUTION: Original to Risk Mgmt.office i,' CCC MRMIA 1/84 Retain copy in ua,ms Isle w M City of San Damon 2222 Camino Ramon San Ramon, California 94583-1350 (415) 866-1400 December 31, 1986 Mr. Jake O'Malley Contra Costa County Risk Management Authority 1415 Oakland Blvd. , Suite 215 Walnut Creek, CA 94596 Dear Jake: Attached are two new claims which have come into the City in the last two days both of which involve the Police Department. As you know, our contract with Contra Costa County holds us harmless for any of the actions of the police officers, but I wanted to forward these claims to you for your information as well as any action which may need to be taken. Claim number 5 from Mr. & Mrs. Owyang was just submitted and has not yet been denied by the City, but will be at our January 13th Council meeting. The information has also been forwarded to Contra Costa County. The second claim, claim number 6 is the re-filing of Ms. Davis's law suit on the same issue which was dismissed earlier this year. To my knowledge and from my discussion with Ms. Davis on the phone, there is no new information nor are there any additional charges, it is just a re-filing of the same suit. Once again this is a case involving the Police Department and Contra Costa County does hold us harmless for their actions and of course will be notified of this. I 'm not sure whether it will be our responsibility or Contra Costa County's responsibility to respond to this summons within thirty days. Please let me know if you need any additional information or if there is some additional contact I need to make at the County. Thank you for your assistance. Hopefully this will be.. the last time we see Ms. Davis. Sincerely, Mary S. ail Assista to City Manager MSV/aa Attachment cc: Claim File .�v�vrivivi�v ` (CITACION JUDICIAL) C FOR COURT USE ONLY --� NOTICE TO DEFENDANT: (Aviso a Acusado) ISOLoPA"usoDILACORM -City of -can Ramon California Police Department S eriff' s Department of Contra Costa County • IDSS l -� �i l YOU ARE BEING SUED BY PLAINTIFF: (A Vd. le estd demandando) 14ayrDw.-na Ane' Davis You have 30 CALENDAR DAYS after this sum- Despues de que le entreguen este citation judicial usted mons is served on you to file a typewritten re- tiene un plaza de 30 D(AS CALENDARIOS para presentar sponse at this court. una respuesta escrita a maquina en esta torte. A letter or phone call will not protect you; your Una carta o una l/amada telefdnica no le ofrecera typewritten response must be in proper legal protection; su respuesta escrita a maquina tiene que form if you want the court to hear your case. cumplir con las formalidades legales apropiadas si usted ff you do not file your response on time,you may quiere que la torte escuche su rasa lose the case, and your wages, money and pro- Si usted no presenta su respuesta a tietnpo, puede perder perty may be taken without further warning from el caro, y le pueden quitar su salariq,su dinero y otras cocas the court. de su propiedad sin aviso adicional par parte de la torte. There are other legal requirements. You may Existen otros requisitos legales. Puede que usted quiera want to call an attorney right away. If you do not /lamar a un abogado inmediatamente Si no conte a un C know an attorney,you may call an attorney refer- abogado, puede llamar a un servicio de referencia de ral service or a legal aid office(listed in the phone abogados o a una oficina de ayuda legal(vea el directorfo book). telefdnico). • CASE NUMBER: INumero del Caw The name and address of the court is: (El nombre y direccidn de la.cone es) 29 f 9V y SUP:71111 10 C0UF.T OF C A=0R;IIA, COtndTY 0^ CCi3TRA COSTA 725 COURT STREET P. 0. BO : 911 T.:A3TIIT'7 , CA. 94553 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: cl� t� (El nombre la direccidn y el n0mero de telefono del abogado del demandanre, o del demandanre que no!i ne abgpdo, es) RIAYRDA'::TrtA AT��' DAVIC 1' , P. 0. BO`: 43183 1 OAIi IAI-D, CA. 94624-0183 _ z . (415) 829-3886 DATE: Ot4� l .Iyj Clerk, by KAF��d GRAY Deputy (Fecha) (Artuario) (Delegado) ISEALI NOTICE TO THE PERSON SERVED: You are served 1. 0 as an individual defendant. 2. 0 as the person sued under the fictitious name of (specify): 3. 0 on behalf of (specify): 1 under: Q CCP 416.10 (corporation) Q CCP 416.60 iminor) [� CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) CCP 416.40 (association or partnership) Q CCP 416.90 (individuali other: 4. by personal delivery on (date): Z,3V Form Adovted by Rule 982 (See reverse for Proof of Service) CCP 112.20 Judicial council of Caiiforrus SUMMONS 8821a)191(Rev.January t, 19841 Post Record Fora a 9!=OIR i• • ATTORNEY OR PARTY WITHOUT ATTORNEY iNAME AND ADDRESS): IE: FOR COURT USE ONLY D-,ayrDrrma Ann' Davis (415 ) 829-381r"oN ` -P.O. Box 43183 Oakland, CA. 94624-0183 ATTORNEY FOR(NAME): MayrDm. a Ann' Davis Insert name of court.judicial district or branch court,if any.and post office and street address: Superior Court of California, County of Contra Costa u + 725 Court Street P. 0. Box 911 DEC 7 19ib Martinez, CA. . 94553 f l 11 ��.{?, PLAINTIFF: blayrDm nib Ann' Davis �c ' - ��i A CG,'."''{ DEFENDANT: City of San REM= California Police Dnpartmen Sheriff's Department of Contra Costa. County ®DOES 1 TO A TT, COMPLAINT—Personal Injury, Property Damage, Wrongful Death CASE NUMBER: 0 MOTOR VEHICLE MOTHER(specity) Unlar'ful and False 9 � : QProperty Damage Q Wrongful Death Arrest ®Personal Injury ®Other Damages(specify): Intentional Tort General Ne€li`ence 1. This pleading.including attachments and exhibits.consists of the following number of pages: 4 2. a. Each plaintiff named above is a competent adult Q Except plaintiff(name): Q a corporation qualified to do business in California Q an unincorporated entity(describe): Q a public entity(describe): o v M a minor 0 an adult o R Q for whom a guardian or conservator of the estate or a guardian ad litem has beep appoinla Q other(specify): T Q other(Specify): �- t,. Q Except plaintiff(name): Q a corporation qualified to do business in California Cif- Man iQan unincorporated entity(describe): C3 public entity(describe): Ma minor ED an adult Q for whom a guardian or conservator of the estate or a guardian ad litem has been appointed Q other(specify): [�other(specify): b. Q Plaintiff(name): is doing business under the fictitious name of(specify): and has complied with the fictitious business name laws. c. Q Information about additional plaintiffs who are not competent adults is shown in Complaint— Attachment 2c. (Continued) Form Approved by the Judicial Council of Caiitomis COMPLAINT—Personal Injury, Property Damage, Effective January 1,1982 Wron ful Death RuN 982.1(1) g CCP 425.t2 SHORTTITLE: M?iyrDax a Ane' Davis VS. Cityof Sari Ramon CASE NUMBER: ';L9 � California Police Department and Sheriffs Department of Contra Costa County COMPLAINT—Personal Injury,Property Damage, Wrongful Death Pa"nao 3. a. Each defendant named above is a natural person ® Except defendant(name): Q Except defendant(name): City of San Ramon California Police Department .Q a business organization,form unknown Q a business organization,form unknown Q a corporation Q a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): ® a public entity(describe): Q a public entity(describe): Q other(specify): Q other(specify): ® Except defendant(name): Q Except defendant(name): Sheriffs Department of Contra Costa County [=] a business organization,form unknown =a business organization,form unknown Q a corporation Q a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): ® a public entity(describe): Q a public entity(describe): Q other(specify): Q other(specify): X b. The true names and capacities'of defendants sued as Does are unknown to plaintiff. The Contra Costa County ,Sheriffs ,department I artinez Jail - Black f � 1r C. 'rl}orAati�o Q9 i 3ddrtfr�lb2. l efendants who are not natural persons is contained in Complaint- -Attachment-ae. SUTZilARY OF ACCIDENT d. ® Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): Police Explorer Mike Fellman Police Officer 1,arry Durbin Police Officer Eric Iversen Martinez, CA. - Black Police Officer Clerk of Police Officer George Nash the Contra Costa Sheriffs Department 4. ® Plaintiff is required to comply with a claims statute,and a. ® plaintiff has complied with applicable claims statutes, or b. Q plaintiff is excused from complying because(specify): 5. This court is the proper court because Q at least one defendant now resides in its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area. ® injury to person or damage to personal property occurred in its jurisdictional area. Q other(specify): SEEE SL1'i3,;!%RY OF ACCIDENT 6. Q The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): (Continued) Pa"two SHORT TITLE: rdayrDal-na Ane' r li!- VS. City of San Ramc­ CASE NUMBER: C .1' fo nia Police De artment and Sheriffs Department nn q ript, ('17111n a COMPLAINT—Personal Injury, Property Damage,Wrongful Death(Continued) Paw three 7. Q The damages claimed for wrongful death and the relationships of plaintiff to the deceased are Q listed in Complaint—Attachment 7 0 as follows: 8. Plaintiff has suffered CD wage loss Q loss of use of property CAR ®hospital and medical expenses ®general damage [:D property damage. []loss of earning capacity ®other damage(specify): Mental Anguish Hurt Feelings Hurt Pain and Suffering Embarassment Trauma of Nervous Hives Shame Fright and Severe _ye Infection Shock Injury Intentional Infliction of emotional distress X 8. Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit;for such relief as is fair,just,and equitable; and for ®compensatory damages 415, 000, 000, 000- 00 ®(Superior Court)according to proof. [=(Municipal and Justice Court)in the amount of$ ®other(specify): PLMITIVL DAAKAG_17_'S THE SITE� OF :`5, 000, 000, C00. 00 11. The following causes of action are attached and the statements above apply to each: (Each complaint must have one or more causes of action attached.) CD Motor Vehicle ®General Negligence ©Intentional Tort 0 Products Liability Premises Liability Other(specify): Personal injury (due to unla�%ful and false arrest blayrDawna :: ... cavi. . . . . . . PC CuU-�-iti. zc (Type or print name) (Sip 1 e of plaintiff or anorney) COMPLAINT—Personal Injury, Property Damage, P"othreO Ruff 982.1(1)(eont'd) Wrongful Death(Continued) CCP 425.12 Post Record Catalog 6 982.1(1)B S-013 ARY OF ACCIDENT PAGE 1 1 On July 12, 1986, at about 6:00 P.B:. , as I, iSayrDarna Ane' 2 Davis stood in the bathroom adjacent my rented bedroom, ureaving my hair, at address 2807 Springdale Lane., San Ramon, California. A 3 roommate by the name of Laurie Casey came to the bathroom door and 4 started asking me. if "I had unloaded her clothes-, that she left in 5 the washer?" I said "Yes." she furthered, "Did you place my clothes on top of the dryer?" I said, "Yes." She furthered, "Don't s do that because. my clothes rill dry out if they sat on top of the 7 dryer!" "You should have placed them back into the washer." I then informed Laurie that -'Z took her clothes out of the washer because 8 I had to use it, and the next time I have to use the washer to 9 �•a!-h my clothes, I would do the same: thing." Further, I said "in 10 the future, if she was not going to fully complete washing and 11 drying her laundry, to shore the other tenants in the house there_-- some common courtesy and at least remove her laundry so that 12 somebody else could wash and dry their clothes. Then, Karen 13 Budenholzer, another tenant in the house, started yelling at me 14 saying "You did not pay rentV "It is not your washer or your dryer!" I then asked her to "Stop cutting off the washer and 15 dryer and the t.v. sets from me and reminded her that I had a 16 restraining order against her starting arguments and fights vdth 17 me. Karen yelled, "You haven't paid rent in a urhole month!" I then yelled back at her saying "%;ell if I haven't paid rent, then 18 chat rias the $566. 00, plus $20.69 P.G.E. Bill I paid you for; if 19 I haven't Paid rent?" I yelled at her and told her "Bitch, you 20 leave the fucking utilities alone, until ::?e go to court, and stop cutting off the television sets from me; yes, I used the masher .21 and dryer and will use it until I get a notice from the courts to 22 vacate, until then, you are hereby breaking the law to submit me to this humiliation and harassment, and you are furthermore 23 restrained by my restraining order from starting arguments with 24 me. " Suddenly, .the two other roommates, Donna I:Iizar and Laurie 25 Casey, and myself v.►ere in the hallway, .,hile Daren Budenholzer stood the t^hole time, constantly unremoved at the door o-Lr' the 26 house; as Donna I•Tizar and Laurie Casey started yelling and 27 screaming at me, quoting ho,.-- much rent they pay, and saying what 28 1 could use and not use in the house. I then told Karen and SLT:1LRY OF ACCIL�LNI ' PA- . 1 the other t.-7o roommates to "Go to hell," and that "I would use 2 the appliances until I left the premisis." Karen Budenholzer continued to argue at me, I asked her to "Just Shut Up, . and leave . 3 me alone!" But she continued, so I, still standing -the hall,.-:ay 4 next to my room, rith my scizzors in my right hand from doing my 5 hafir;:eave, pushed with my right hand,the hallway candle holder off the wall, adjacent my room, in the hallway, dot:.n to the floor. ' 6 And threatened to "Kick Karen's Ass." The puth_ at- the candle ... . 7 holder, thereby sliced all.*the foreskin of my right thumb off. 8 Karen Budenholzer quickly reached out, grabbed the door knob, opened the front door and ran out of the house yelling and 9 screaming to the neighbors on the left of the house "Help Us!" 10 "Help Us:" "Call the police!" I then realized my right thumb had . 11 been cut and were, bleeding, I Trent into the bathroom, placed the scizzors on the bathroom sink, rent back into the hallway and .12 wicked up the candles alone, off the floor and tossed them onto the 13 lawn; one candle landed. : on the pavement and broke. I then went 14 back into the bathroom and ran cold eater on my right bleeding thumb and hand, and then securely :-rapped it with 2 bandages. I 15 then proceeded to continue to finish weaving my hair r:eave. In 16 about 5 minutes , there were four San Ramon, California Policemen, 17 namely Police Explorer Lake Fellmen, Police Officer Eric Iversen, Reserve Officers George Nash and Larry Durbin, as per.San .Ramon . 18 California Police Department records I received on 8-13-86, 1:•ho 19 came into the house, and one policeman stood at the bathroom door, 20 r-hich ras opened, r:hile the other three policemen stood near the door of the bathroom guarding the one policemen at the bathroom 21 door. The Policemen at the door of the bathroom addressed me by 22 my name by saying "1.IayrDc t•.ma Dc vis:? I said "Yes." He Said "I 23 heard there ras some problems here with Daren, you and the other roommates here:" I said "Yes Sir there were, and I." He said, 24 "Step otift .of the bathroom, Miss Davis, You are unser zsrest." I 25 said, "Under arrest! for chat? but sir; I have a restraining order 26 against all the roommates against starting fights and arguments, I vent .to court." The officer interrupted and said "Never min:. 27 explaining miss Davis, I"ics Davis! SHUT Ur:" "Step outside I;o•- 28 Kiss Davis, Right Na.-! " So I stepped outside the bathroom and the SUiJ;:ARY OF ACCIDENT • PAGE 1 policeman standing at the door of the bathroom said to me "You 2 are being placed under citizens arrest by Karen Budenholzer for brandishing and vandalism, as he caught hold of my arra and locked 3 the handcuffs on my wrist behind my back and started to move me 4 down the halltray. I said "Brandishing and vandalism, But I didn't 5 touch her, what is Brandishing? He said "Never mind, let's go." I begged and pleaded, "Please Sir, mal, I ,just get my shoes." The 6 officer %-rho arrested and handcuffed ow and was moving me dorm the 7 hallway said "No! Miss Davis, that is liot nedessary." I continue 8 to plea, "Please, you can at least let me get my shoes?" But the policeman holding my handcuff continued to move me dot:*n the 9 hallway, even though I was not resisting arrest, but rather 10 cooperating fully. Finally, as re got about 5 steps away from the 11 front door, the officer that was holding my handcuffed hands suddenly changed his mind, and said, "Where are your shoes?" I 12 begged, "They are in my room, please just let me show you where 13 they are." The arresting officer that ..as holding my arms in 14 the hlndcuffs then sudde:nlY gave my hands and arm over to one of the other 3 officers follot:-ing us dot:•n the hallr-ay. The 15 arresting officer then trent back do;!.•n the hallway and yelled to 16 me "Is this your room?" As I.. turned .to • look bac]; do,.--n the 17 hall ray, to see t--hich room the officer .--ere standing near, another policeman grabbed hold of my arms; I said "Ye-s , it is." 18 I then begged, "please if you t•rould just let me calk back to the 19 door, I can tell him :-here the shoes are. " I could not point 20 because of the handcuffs. All the officers in the house and the two holding my hands and. arms said "NO, just wait here at the 21 door and the officer rill go back into your room and look for 22 your shoes. I continued begging the officers holding me at the 23 door, to "just let me stand at the door of my room, to show the Officer that went into my room %•.,here my shoes are." Finally, 24 about 3 minutes later, the officer in my room reached his hand 25 hand out of my room with my yello•.- beach straps in them and yelled do^•n the hall% ay,'• • "Are begged e o these your?" I bed thff 26 icer holding my handcuffed arms and hands to please let me stanc 27 'loser to my door. So they let me up clos=er to my door. I 28 then said to the arresting officer in my bedroom, "Yes , those t SUMMARY OF ACCIDr`�T _. . PAGE 1 shoes are mines." The officer in the room said, "0.44, pet's go.." 2 I begged, as I was still standing closer to ,my bedroom door in the hallway, for a sweater for my arms and the officer said, still 3 in my room, shouting very loudly, "Where: Where! is -a sweater:?" 4 "I do not see a_ swester." "NO, NO, You don't need a sweater miss 5 Davis, It is Very Warm outside, you do not need a sweater." "No, Miss Davis, You do not need a sweater! "let's Go." I continued 6 to beg "please officer, Just look into that first dravier, right 7 there." I could not point, because of still being handcuffed, so 8 I made a motion with my head to the dresser drawer. So the officer said again, "Which drawer!?" I said, "That one." And he 9 then opened the drawer and said "No, I do not see a sweater," and 10 slamed back the dresser drawer and said "No, let's go." I further 11 begged "please officer, try the other drawer." So the officer quickly opened up the one other drawer to the dresser, and said 12 "Where!" and I maid, "The brown sweater there please, and please 13 sir can'you get me my purse and my keys?" The officer in the 14 room said, "No! All that is not necessary!" I begged "please officer, bring my purse and my car and house keys, because I 15 do not want to leave my purse and .keys here, please bring them." 16 So the officer still in my room and myself still handcuffed 17 standing in the hallway looking into my bedroom sat•:' the officer grab my .purse off the bedroom floor and immediately dumped 1s all my belongings from the purse onto m�V :bed, and started 19 searching through all my purse belongings. I asked the officer 20 why was he searching through my belongings and he answered "To check to see what my purse contained." and that "He would put 21 allmy - belongings back into my purse." I then begged if he would 22 close and lock my bedroom door as he came out. The officer did 23 try to lock my bedroom door several times without any success, as I was .still begging -the police officers to let me stay -and - 24 see my .door securely locked. The- other officers though, - 25 disregarded my request and started taking me to the car. Karen 26 Budenholzer stood at the front door of the house as the police- led me out of the house with 2 police officers holding my arms.. R 27 and my handcuffs, and another officer following us. As I passed ' 28 through the doorway, Karen Budenholzer said, "Mayrdawna Davis, oulgivuu-'I Ur A1.il+lUr,1Y•1• PAGE 8 - i I' arrest you by Citizens arrest for brandishing and vandalism of 2 my property.' I was rushed and pulled by the 2 policemen to the police car, while the other 2 officers followed closely along 3 side me. The 4 officers put me into the police car, forcefully 4 and painfully. my body and head was pushed and shoved do%m into 5 the police car. I was placed in the right rear seat of the police car. After I was placed into the car, the officer partially read . � 6 to me may rights, angrily stopping reading me my rights because , . 7' I asked him to explain what the charge Brandishing meant? I 8 begged to be released from the handcuffs, and pleaded that I did not touch anyone. The officer that stopped reading me my 9 rights, directed to the other officers to "Close the door" and 10 walked away from the police car I-.was sitting in, saying "Not this 11 time babe." "This time you take a little ride with us," to the other officers, and they all-began gigling together. I begged and 12 further begged to be released from the handcuffs because I was 13 ' under a doctors' care, and under physical therapy for my arms, 14 hands, back and neck, and that my right thumb had been out and was hurting and bleeding. I further asked if the handcuffs could 15 be pleased released from the back of my back to the front of my is body, because of the severe pain. The officers just did as they 17 were instructed by the arresting officer and closed the police car door, locking me in the police car still handcuffed. With 18 my door closed and the front right door still open, I continued 19 to beg. for my release, pleading that I did not hurt or touch 20 anyone, but they sped off with me in the car and proceeded to drive me as I groaned in severe pain all the way to Martinez Jail in .21 tears. After I arrived at the jail, I was very rudely yelled at, 22 searched, and booked for brandishing a weapon and vandalism, and charged a fine of $375.00. I was angrily told to "Shut Up!" by 23 the arresting police officer at Martinez Jail, because I asked 24 him why can't I have Karen Budenholzer arrested for distrubing the 25 peace and violating my restraining order? He shouted "I gave you 26 plenty of time to. have Karen arrested and you said nothing, so "SHUT UP, RIGHT NOW: : : A black male police officer clerk of contr 27 Costa sheriffb Dep Martinez Jail, while asking me questions during 28 my bookings angr_ly grabbed me in the - chest and took hold of my SUIDIARY ur' AUU11.Jr,1 X PAGE ,. 1 sweater in balded up fist and pulled me into an isglated room, 2 with a bathroom ins3do- of it. I asked him why was he pulling me, let me go I can walk, you don't have to pull me. He said'" You 3 ask too many questions, and both of us can't talk, -and therefore 4 you are getting on ay nerves, so sit in here and SHUTUP'" The 5 black officer clerk then slamed the door shut and locked it. ' I sat in that little room about 20 minutes. He then had someone 6 come and unlock the door and had come back up to the desk and 7 proceeded with asking me the. booking questions. The black officer 8 - clearly manhandled me at the Martinez jail, for no reason. Mayrdai-ma Ane' Davis was booked, jailed, fingerprinted, snapshote 9 and held at the jail until 1:00 a.m. in the morning. She then 10 had a bail bondmen come and ask for her at the front desk, but it unfortunately, there were no busses coming out of martinez, CA. , until 6:00 a.m. the next morning, so she called Saint Raymond's 12 parish in San Ramon, and the priest instructed her to contact 13 St. Chritines parish in Martinez in the morning for a ride back 14 to San Ramon. Miss Davis spent the night sleeping in a very uncomfortable position on the chairs of the lobby of the 15 Martinez jail, in severe neck and body pain, cold and hungry with 16 severe, severe stomach burns. 17 The four policemen, namely police explorer Mike Fellman, Officer Eric Iversen, Reserve Officer George Nash and Larry 18 Durbin clearly refused to listen and enforce my restraining 19 orders against Karen Budenholzer, Laurie Casey, and Donna Mizar 20 and proceeded with my arrest. The officers violated my rights 21 under the 13th and 14th Amendment guaranteeing no abridging of priveleges or immunities of citizens of the United States to 22 deprivation of life, liberty or prosperity without due process 23 of law or deny any person the EQUAL PROTECTION under the lays of the United States Constitution. 24 The four policemen violated plaintiff Mayrdawna Davis' 25 rights under 40.-ALR 3d, 1290, supporting damages-for emotional 26 distress resulting from ethnic or religious abuse or discrimination. 27 The four police officers violated plaintiff Mayrdavina Ane' 28 Davis' rights under the 8th Amendment prohibiting CRUEL AND PAGE- 10 ' 1UNUSUAL PUNISIBENT as well as the County's Jail black police officer. 2 The four policemen violated plaintiff's rights under the Unruh Civil Rights Act which says whoever aid in denial, 3 distinction or discrimination, under this act shall. be liable for 4 every such offense for both actual and specified damages. State . 5 V. Hailey, 350 MO. •300, 165 S.W. 2d 42-29. 427o The four policemen violated plaintiff's rights under 38 AM 6 JUR 2d', 'whic_r_ supports remedy for battery, assult, fright, shock 7 and mental'ar.,�uish. The treatment b3i the four police officers, namely police 8 explorer Mike Fellman, Police Officer Eric. Iversen, Reserve 9 Officer -George Nash 'and Karry Durbin, and the :Black Martinez jail 10 Police clerk, to plaintiff was EXTREME AND OUTRAGEOUS, Alcorn V. Ambro Engineering (1970) 2 Cal,..3d 493 86 Cal Rptr. 88. , and it •- as a result plaintiff MayrDawna Ane' Davis suffered injury and 12 damage of: 13 •1. Severe BurninjT in the stomach - in which she is under a doctors'-direct strict superivsion, prohibiting stress 14 ;fights and anger. 15 2. Shock and Fright 16 3. Outburst *of nervous hives, in which she is also under doctors' care and strict supervision of no stress, or 17 mental anguish. As a consequence of accident on July 12, 18 1986, plaintiff's eyeslids, lips, throat, neck, hands, 19 were swollen for 2 days from July 12, 1986 thru July 14, 1986. ' Swelling of a bubble in -white part of plaintiff'eye.' 20 .44 Insomnia for..2 weeks-after accident 7-12-86. 21 5. Nightmares of arrest for 2•weeks after accident 7-12-86. 22 6• Neck Pain and soreness from sleeping on police lobby chair all night July 12, 1986, which forced plaintiff's 23 .physical therapist to continue ultra sound, hot packs 24 and traction to 'neck and back and ultra sound and ice 25 packs to my hands, arms and both elbows until present day 7• Cold feet and arthritus pain in ankle from being forced 26 wear beach straps to theail, rather than the j police 27 waiting for plaintiff to get proper shoes to cover 28 her feet and having to stand at the cold bus stop at 1:00 X.m. in the morning to get a bus home, after her booking, jailing and release by the Martinez, CA. jail. `. SUMMARY OF ACCIDENT PAGE-_I..L 1 Plaintiff, KayrDawna Ane' Davis affirm that the.,oefendAnts ' 2 conduct and abuse toward her was extreme and outrageous and showed a reckless and callus disregard of or indifference to the 3 rights and safety of plaintiff biayrDawna Ane' Davis and was 4 motivated by evil and racial discrimination intented to induce 5' plaintiff to SEVERE TRAUMA, BODILY HARM, and damage, and which 6 could have KILTED plaintiff. As a result of the intentional reckless neglect and discrimination, plaintiff did in fact suffer 7 PAIN. INJURY and DAMAGE, State Y. Nev. bon, 105 Utah 561, 144 P. 2d 8 2909 293, State V. Thatcher, 108 Utah 63, 15? P. 2d 258, 261. OF: 9 1. Severe Burning in the stomach - in which she is already 10 under a doctors' strict supervision, prohibithing stress it and fights and anger. This accident July 12, 1986 aggravated this pre-existing condition. 12 2. Shock and Fright 13 3. Outburst of deadly Nervous Hives in which plaintiff is 14 also under a doctors' care and strict supervisoin of no strtess or mental anguish. After this accident on 15 July 12, 1986, her nervous hives swole her eyelids, is neck, throat, face, arms, and hands for 2 days, 7-12-86 17 thru 7-14-86. Bubble-like swelling in white part of her eye. 4. Insomnia for 2 weeks after accident on 7-12-86. 18 5. Nightmares of arrest for 2 weeks after accident 7-12-86: 19 6. Neck and soreness from sleeping on the police lobby 20 chair all night long on 7-12-86 thru 7-13-86, as a consequence forced her doctor to prolong her physical 21 therapy to her neck, back, hands, and arms from ;rely 12, 22 1986 thru present day. 23 7• Cold feet and arthritus pain in right ankle from being forced to wear beach straps to the jail, rather than the 24 Mice wait for plaintiff to et . p waiting p g proper shoes to . 25 cover her feet and having to stand at the cold bus stop 26 at ls00 a.m. in the. morning to get a bus home, after her booking, jailing and release from the Martinez, Ca. Jail 27 8. Severe Mi grave Headache all night and all the next day, 28 7-12-86 thru 7-13-86. SUMMARY OF ACCIDENT PAGE I - 1 Plaintiff was tinder the care of 4 doctors . at ,the tihe�of the accident on July 129 1986. One of which now wand Ods then at 2 the time of the accident a physical therapist for her neck, arms 3 and hands: and the unlawful false arrest and handcuffs behind 4 her bask traumatized her already pre-existing condition. Plaintiff affirm that her restraining order against her fellow 5 rommeted should have been sustained at the aecident, and . 6 unnecessary arrest should have been waived and could have been r 7 avoided by the'4 San Ramon .California Police officers by them simply talking to all- agitated parties, Karen Budenholzer, Donna e Mizar, and Laurie Casey. As a result plaintiff's Legal official 9 restaining order against plaintiff's roommates were ignored and 10 Process avoided. Plaintiff affirm that if anything the 3 other fellow roommates should have been arrested for violating 11 plaintiff's restraining order and starting a fight with her. 12 Plaintiff affirm that the Intentional Infliction of 13 * emotional Distress and General Negligence of the four San Ramon Police were Extreme and Outrageous toward her and caused her 14 extreme pain and trauma. Plaintiff Assures and confirm that she 15 has never ever before in her entire life been handcuffed or is Vested or charged a fine for anything, and that this was the first time she has ever been arrested: This arrest scarred her 17 perfect record of-no. arrests, for the rest of her life, not 18 withstanding the pain, hurt and embarassment she encountered. 19 Plaintiff has been severely injured, traumatized and damaged from this accident on July 12, 1986, and therefore pray to this court 20 for remedy.* Please See Attached Exhibits A, 1=8. Plaintiff �-asjai ed, 21 arrested again October 27, 1986 on a bench warrant for this case. 22 Plaintiff therefore sue for both compensatory damages the sum of $5,000,000,000.00 and punitive damages the sum of 23 $5,000,000,000.00•.for the Severe intentional infliction of 24 emotional distress, unlawful and false arrest, and general 25 negligence of the San Ramon California Police Department, and the S.heriffs -Department• of Contra Costa County, _causing injury,. pain 26 and suffering-P. -damageand -trauma to plaintiff and endangered 27 plaintiff' life, totalling -the sum of $10 Billion Dollars (ten 28 Billion Dollars ). The accident of July 12, 1986 was meant to kill • 1! PAGE' 13 1 plaintiff, and .'.-hat makes this accident one of the worse cri--ie-s in 2 America iS that these officers has permits to kill another human being, and have permission to carry the deadly guns by the state 3 of California. Plaintiff' life r•as in their hands .and critical 4 every moment of the accident July 12, 1986, during her arrest. 5 Plaintiff has spent about 19 to 20 hours under arre.st, •in pain in cold jail cell:: the Mlartinez, California jail for this 6 false and unr•arranted arrest and crime. -After about 5 more court 7 appea .enc^s in.-:front o•P the judge , pi;:ir_tiff' case was heard and 8 pleaded on the advice of counce.l, (attached is copy of court 9 clerks- minutes and court records ) , Dr-..cr,,!br-. 15, 1026. :laintil f 10 plF:C( C: 011 nrobation fOr l year "..nd Or.:-f?ro,I. to Obi7y 11 californi:1 la :� , nnC ha: to Uay coun.col Y'100. 00 for rejE^n c, :hic. 12 •-hich cIecrearod because of p'.^intiff' fin^ncial --t=.?tu:: to 1.35 J. �•J, -hich i- attache- n co-y In till:=' co :?7._aIn'. r? Intl] t 14 affirm -ShE' ��' ii<__'._ <<l1'_. i' Ji'' b-% her room,-.tnS L- `l -n-non an 15 -2'1 San 11"'?Oil C",-1 if orni _ -�olic:i ''t n tet, , n i, to bi: lri�? "t!`. .o= even is -hot to C'_cath. on July 12, Curi'_l ; the acci:_ent a.lc_ nrrF:_t, 1? :•hile living on the vrc:;iisi.� of ?S^7 `;pringdale :-Kana , '-nl " mon, is CalIforniza. P :.<:ir_tIff nLzir:s that _he can __c-rc. -LL-Ilan roomates set 19 up ,•n,: rp.Mr." her for crini_lal a rrn. t c 11':. Zh00t1(1 11-,r, b;:C�.L? f' 20 :-hen the roor2int-es c r_tc:rc: : the house a'_1 to`;-thcr, :hi=e: she 'was 21 neacefullir Coin: ilr'^ h;:i :-envn ! one: of -thn roommates, Donna 22 Dlizar, said to Karen Budenholzer, after ralking up the hallway 23 ""She i- doing hr:r, hair .-cave" , a, to C-0t a precedent to grocer, 24 •-•ith _ ';:--ting -:n arr�umrnt with nlainti_fr to :;tir '_•1r'._ err cn:;25 �--t her arrested. Then t.I. 6,_l21.--non - G 26 _ T:['�: 1'1 v0 li_a� bJ • v:l^%1 i1...:.. ready 27 to 28 _ ?__l'. n _ oi_ Ln -U' I thrt-14 ` 0„ l' 1 ���:1i7t11-=. Th!' :an r?On -ooliC,: :'i: not n(:(:._ to hCn r an—, 2 c: l�?7 tion f='o'll -: C �:c vi and h .. `' :'. r.) ":11 O arr . t C': -M g -hoot sic ��r:Vi on thE: clot r:11_: .-o c:.ic just that. Tilc: C' t_n'-. 4 o_fic�.r „^_id no c:�;pl�n�ti on or :h�-.'i_1 of htnr reLtrain;n�- orC.er 5 nE c (� �a fir, n::- for nla Lntiff to ju-:t stop out of thr: bathroom, 6 - `c unr'er n rr^.".t',• Til:-' roor^ma—; e '.1.'"turbor. h(:: -,)ri. co L__1'. �t�l�T r Lrl tm tho c r.-LL'_c:nt that 'E'.r_(. to :)l, ilt Lli_f .l c•libcrr 8 ci r'r-nt—I pi ll l`l =h `^ C-= tiv' cr`1_.?E:-• fro- ..l cr n"!c :c_ --J 1 , c 11•• 9 r__lrrri l_y tnr0'. J.,v th::'? 0 't (: "^o" b C _ v� 1_/- - _ __ V - v i 1 •L. alfa �. CCL11.- �•. • X11 a1 r1 to ^ffi i-, -hr, nrovn bnyo_7:' a shado - .of a doubt thc.t thi•.. acci.7ont 11 - fr^ao m_ :7 n by iJlarnn 3u:.anilG2.rE r n.:1:: i1(=.r roor.mlate Win: t_a.. 12r,'it-* o- :,_n 1-t.-monPolicc 'r;p,,rt c.nt. The =istin of-L_ 1 - 1J 7�_iLiiltlff in CRr "I-s T Tz=� T1 _ . hr3-� , `1'iil:: l . . YOU CO------ -„- -,- 14 ii,i It '�_�in ti._ �i r'1 -122, City ty Of an '.on _`o 12' Ci; Wit= ^L L, ._ _ V 1 :11, 15 __1C: uhf' Cou-nty 0. v OntorL 0 t;_ ilE:=i f. _.0 r=t_lE rlt _'�"' G. thr� �_ lei rcamo a n, `.•E':t bk' th(: roo-2-=-.t': ' 1.i1C. t0 ^�:�i,' Cl°)' (;' i -,•• 1? .rE �t :n -1- L t n.:.��r •nr �;^!;' GLl'i,l'�:"".GUS �r E:i,.' 1c.:1t 18 �LlrStilt o r_1,�,' l i'E: or rJn c slot '"ound? to m In ::h0r"t ti?E �T '__:1` 19 n rcn Lu:'.n:-J,ol7nrt ?�_;L^_'_? t0 ,.�'_'(: ;t r.:l�� 0: . l::'y ,'1100"u ,. c '1" U 0 20 'cath, or :'" ^- :_onn .chargr, 71^. h^naclif:L T.1^ 21 r1- pe= nently, an,. to in-flict -1-v('rC.. 1n u !,ti o-nra infliction o - _ ' otio_ r.' d--:tr°i._.. u-on mc . _ lntl"f _ _. tz_t tlE dr-.fe 1;_<ri V•22 23 r.rt�:� to -:ill her on July ._�, 7 ; a n,- t1w,.'' r intent ?as ..:::ao t 24 :'r:_ip':'_ out on tI' t may, JuIT �.�, l ,` �. _'^inti h,,0_ o •,,..10r 7liC!: recur:'. or offen7e br: o= c11^ r:CC7 C'.^.1t G'_1 ju7 1 c" 25 S' L_ 26 0.. Thr' hcc-." on" due to thc. Ot up r.n" =r;!r1;_ r11:. '1E�.-1 i , ;.�Jn -1'- 27 rC:='.C�r i1' "�.RCt, int' :1t] O'1.^.' i_7 1Cti0�1 O ;OE'�_ , 28 - t'S1C ;?n :Iamon =of icc-, r_rt-1�'_it r:n:. '-h r ^ l CG` ri 1 heriff' s De-part Lent. Con7equently, the ciefend•u1t fram- r. nn," si t 2 u-) intentional in-liction of emotional di: tress meant. to 3 create a notice recorC an`_ sentence -o aintifr to ere-manr:nt j?i link 4 Ar: a re :ult it C'iCi in fact jail, hanC_Cui, boo'•:, Crertr a fi=C:t 5 time blimi�-hed - polio:: recon" for plaintiff, thereby scaring her 6 reu»tation ar a violent person �=no attacu people. ?lainti f ha.,: 7 .1r VC:1' ovor hal n -entc.nco or a -.folic-3 rc-corE_ :io" " uch a 8 .'_c'-=C Plaint-i--- cl �..` r-,. ' .:E' 1"7 [,.n-,' -f_'" �- 9 to ca:r a hr.r bo,_..]. ==:_r-I an'. h::t i: i_1 _'act 10 1'._'1 �.n:. :"G. ... 1.7, ­.n'- hi-i-I C., nc V 11 '."lI-,i v .:'1'_lnr _i_'t t: . . -oolic'.'. =t_ColL:. 12 thc'r r'1.•crn ri, -__ore.': Inti onnI--.1 Cur: -or both 13 0..:1.. ,'. :^.t0 ';; �_"!'•`. the m_ri of -:D s _ �7r .. �, J'•�G. J� � nC. _ ,,ni t_V . 14 �:� t._ . u.. of �, _ , ,� _:•or the .vs:re J n-4f n.i_i o 15 o:1 C_� "_1J'��0:1 .__ C.l , 1�:.1__;': _�? _ ^.il '_ 1:.1:E? i:Y'"=C:'.'i,, 16 _; " ., r"l:' :1� '-rice []_ �i1r; .[ -.1 �_1�J':1 V.' ; .0 -":Iia POI *_ t 17 ., r===, r C 7 "_i1�: �tl _:hC- • D:.t ;, =ty_lEii? C_: :0.1�_ v0.` v, i�OV_1"i:", 18 111 a21C U._''E:rli1 , ^i1:_ "U Uo a1 19 endan, red ?: _C:].:'lti=r' E: , v0t^'_11:1• :till. Ui= O i ..1G ' =�.'l .'•1 20 :-.o'1 (Ten 3_llion. Dollars ). T':-r- �.cc=.'.:ii1l. o-- jul ► 21 - m c.1'i. '1.0 _'ill ?��.%1i1",i _%?11�l__ c O C �E: DST .hE:• 22 ju-.C;n on D: ccmbf:r 1.u, 7_�^G to ��.�; r�::- ;,; c�:tioi "to �-.��=:1ci 23 11_ t.1:: Ca-`i: in �I�,'11C1'?::'_ CO?='i,, =1 . 24 accu� _ ofc :o•r-Ei • a.r in-t. i;1�.ii:"�i. - ;.Vi- . TTI- :':'"Ount- e= 25 r�-tituti cn i un':no", n y 1' -_ i_;, - - C:V hi- V_ VO _7 .111t 1. Vi .D: 17, til _,­a-o­ i, n.:'E=r.E:, or thr1 ar"_^:*' ?_1 t_1l, C:'_ 26 27 L 28 SHOAT TITLE: MayrDawna AneDavis VS. City of San Ramon CASE NustaEW Police Department 1CAUSE OF ACTION—General Negligence Page_ _L�2 ATTACHMENT TO ©Complaint -QCrosa-Complaint (use a separate cause of action form for each cause o1 action.) GN-1. Plaintiff(name): MayrDawna Ane': Davis alleges that defendant(name): City of San Ramon Police Department C]Does 1 to ALL was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(date): July 12, 1986 at(prate): 2807 Springdale Lane San Ramon, CA. 94583 (description of reasons for fiabdity): 1. 'The four San Ramon Police Department-Officers, namely Police Explorer Mike Fellman, Officer Eric Iversen, Reserve Officer George Nash and Larry Durbin were employees and agents of the City of San Ramon, CA. The City of San Ramon California hired the four officers who rendered - the reckless negligence to plaintiff. 2. The City of San Ramon California knew, of the four police officer employees, namely Police Explorer Mike Fellman, Officer Eric Iversen, Reserve Officer George Nash and Larry Durbin background, experience, qualifications, behavior, and attitude when they hired them or failed to investigate the backgound, experience, qualifications, behavior and attitude of the defendants City of San Ramon California Police Department employees, namely Police Explorer Mike Fellman, Officer Eric Iversen, Reserve Officer George Nash and Larry Durbin, when they hired them suffering plaintiff to injury trauma and damage. As a result plaintiff suffered pain of severe migrane headache for the remaining of the afternoon and all during the night and of July 12, 1986 thru July 13, 1986. 2. Severe Burning in the stomach in which is already under a doctors strict supervision prohibiting stress, anger or fights. 3. Swelling of her eyelids, and white pupils of her eyes, throat hands, face, lips, arms, fingers, from nervous hives attack in which she is under a doctors' care, and strict supervision; Accident aggravated already pre-existing condition in which doctor prohibits stress. 4. July 12, 1986 - severe red eyes and eye infection which she had to seek medical attention at John Muir Emergency Hospital on July 14, 1986. She received prescribed medic tion. gee Attached Fore tip,0-d by VW _ ,wakes courser a cWWWW" Effacme Rule 992�(t(t ai 1 °°2 CAUSE OF ACTION—General Negiige we CCP 425.12 lied Reewd CRIAl"•MAO) -C^vTZNUED GENERAL, NEGLIGENCE. PAGE . �F. Shock and fright 1 'S - Mental Anguish '•` 2 6. Ins omnia • -- 7. Nightmares of accident for 2 weeks 3 .8. Neck pain and soreness from sleeping on police lobby chair all night long, 7-12-86 thru 7-�3-86,a.m. 4 9. Cold feet and swelling and arthritus pain .in right ankle from plaintiff being hurried and forced to 5 wear beach straps, rather than .the police waiting for plaintiff to get proper shoes to cover her feet, g which was right in the floor of her room next to the beach straps, and from plaintiff having to' stand 7 at the bus stop in cold weather at 1:00 a.m. in the morning to get a bus home, .after booking, jailing 8 and release. 9 10. Severe soreness in neck, arms, hands and back in which plaintiff's doctor had to prolong physical 10 therapy treatment to present day. 11 11. Swelling of the white part of plaintiff's eyeball, in a large jellylike bubble, disfiguring her face 12 like an. outerspace monster: 13 12. Very Rapid Heart Beats. 14 15 16 17 18 19 20 21 22 23 24 25 26 - 2? - 28 SHORT TITLE: MayrDavma•-AnE L.. i is VS-0 City of San Ram .►se NLOADEW - - California Police Department 2 CAUSE OF ACTION—Intentlonal.Tort Page r� (numb-) ATTACHMENT TO ®Complaint Q Cross-Complaint (Use a separate cause of action form for each cause of action.) rm. Plaintiff(narne): MayrDavma AneDavis alleg -i that defendant(name): ' City of San Ramon California Police. Department [1)Does _I to ALL - was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant Intentionally caused the damage so plaintiff on(date): July 12, 1986 at(place): 2807 Springdale Lane San Ramon, CA. 94583 (description of reasons for liability): The City of San Ramon California Police Departments four policemen namely Police Explorer Mike Fellman, Police officer Eric Iversen Reserve Officer George Nash and Larry Durbin had a duty of due care to pl^intiff to render a non-infractional injury to plaintiff, C secured by the 8th Amendment, while arresting her. The four police officers knew that the intentional reckless treatment and unlawful Arrest rould in fact induce plaintiff to injury and knew that the intentional reckless, rude, abusive, treatment would suffer plaintiff to trauma and damage. As a result of that, plaintiff did suffer: 1. Severe Eve Infection in which she had to seek medical care. 2. Migrane Headache 3. Pain and Soreness in neck, arms, hands, back in vrhich her doctor had to proling her physical therapy treatments. 4. Severe Burning in the Stomach, in which she had to constantly cartons and cartons of milk at the jail and after she returned home, and which prohibited her from taking prescribed medication for inflamation in her neck, because after the accident on July 12, 1986, -her stemach,vrere in so much pain. 5. Swelling of her eyelids, hands, neck, throat, face and arms from her already pre-existing condition of nervous hives, in which the accident of July 12, 1986, aggravated her condition. 6. Severe pain and soreness in the neck, arms, back from having to be forced to sleep on the chair of the lobby of the Martinez jail all night July 12, 1986 thru July 13, 1986. 7. Insomnia for-2 weeks ;( 8. Swelling and pain the plaintiff's right arthritus ankle from having the stand at the cold bus stop at 1:00 a.m. to try to catch a bus home after booking, jailing and release. 9, Nightmares of accident for 2 weeks after accident. see attached Foran Apprpred by VW Judicial Council of Camol OWN*January Ruul(4) CAUSE OF ACTION—Intentional Tat CCP 425.12 PON Record C8faf09 8 982.1141 P AGS 1 1 2. The City of San Ramon California Police Department four police -officers namely Police Explorer T,iike Fellman, officer 2 Eric Iversen, reserve officer George Nash and Larry Durbin, knee- the intended reckless outrageous treatment and the 3 unla�,-ful arrest r-ould in fact induce plaintiff to injury and suffer plaintiff to trauma and damage. The four San 4 Ramon Officer-- intended to inflict injury or with kno,::ledge they knee.- That . injury .-7ould likely result to plaintiff. S The four City of San Ramon California Police Officers Neglected duty -of due care..to 'reasonably try to prevent 6 plaintiff from injury and damage. As a result caused plaintiff: 7 l.- Trauma of Severe Eye Infection in i,-rhich she had 8 to seek medical attention and prescribed medication. on 7-14-86. 9 2. S* alling of plaintiff'-- eyelids, hand, face , lin_ s , necL, throat, arras, from pre-existing condition of 10 closely monitored by her doctor, nervous hiver?. accident on July 12, 1986 aggravated pre-existing 11 condition, and could have killed plaintiff. 12 3. Severe I.iigrc Headache all night and day, 7-12-86 thru 7-13-86 _ 13 !r. severe burning in the stomach, rhich she is alreaCy 14 clo--ely supervise- and monitor;d by her doctor and a pre-enisting con::ition. Plaintiff had to drip': 15 cartons aru, carton or' the martinec jail milk to coat her sto-inch because of the upcet of the 16 accident on 7-12-86, rhich also aggravated this pre-e:cisting condition. 17 S. liental -Angui--h 18 6. Insomnia 19 7. Fright,Shock 20 8. Nightrare--- of accident for 2 weeks after accident. 21 9. Severn: Soreness in arthritus ankle and s%:elling in 22 ankle from having to stand at the cold bus stop at l:oo a.m. in the morninr- to try and get a bus 23 home. 24 10. Need Pain and soreness in neck, from ha.vin, to .sleep on police lobby chair all night 7-12-86 thru 7-13-86. a.m. 25 11. Embarassment in the community, and fir_:t time 26 arrest and handcuffs. - 27 andcuffs.27 12. Severe pain in back: and arm^ r-hich prolong--;:. phy--ical therapist treataent until present dar. 28 13. S�-,e lling of the rhite part of plaintiff's eye, into a jellylike ball, disfiguring her face lij--c an outerspace monster. 14. Rapid Heart Beats ,i - k!V _ - �M1� r a�Ci "FOR COURT USE ONLY ►'L1nNE r ria^NaEPiiESENTEO PAair 1. a, ) 6 ( AA„4Doaf'ci TELEPI+ONE NU N -4, C .. ,c Atroa«Er FOR(Manrel r„/ 3�� [^�A.11 �Ut'• 1985 �.:.• SUPERIOR COURT OF CALIFORNIA.COUNTY OF CONTRA COSTA j-R.OL-6si1P1.Count Leer 725 Court -6treet CONTRA COSTA CCUN T P. 0. Box 911 Martinez. CA 9 4 S 5 3 �'� M.Alle Ideron. (' ut PLAINTIFF Tn f'\1 AZ I Ju R v L S �) r DEFENDANT RuICJ> N'U PETITION FOR INJI.wldCT10N PROHIBITING HARASSMENT CASE NumsER 2 g g 3 6 9 M APPLICATION FOR TEMPORARY RESTRAINING ORDER 1. This suit is filed in this county because a. Q Defendant resides in this county.It. MDefendant has caused physical injury to Plaintiff in this county.c. Q Other(Specify): 2. This suit is not filed under laws against domestic violence because a. ) Plaintiff and Defendant are not married,are not living together,and have not lived together in the past. Although Plaintiff and Defendant are married or have lived together. Defendant's course of conduct has not t included acts of violence which resulted on.physical h '�'% p yslcal injury to Plaintiff. c Other(Specify): .3. This suit is not brought under laws against unfair debt collection practices because a. ( ] Defendant does not claim Plaintiff owes a debt.b. (D Defendant is not a debt collector;c. Q Other(Specify): 4. Defendant has done acts which seriously alarm,annoy. or harass Plaintiff as follows: a Period or approximate date of acts _ 4•�C(L V7 Li 0���:�Qdkce� }�c�� �'►:�1 o ads (J�.1�►.�'01.1 — �•c� f:� ac b. Acts(Specify`* 4: Ove - � S. Plaintiff has actually suff�edCsubstantial motional distress as a direct result 6f defendan 'conduct(Give details of the emotional distress): /. l G(.lI (A� �•<� lyt�/4!/�r,r.la� h�M4� Q�c A�'s�o-f�"ro F• ULI i.•vl L.:.1 J •`V L S "-L~YK..L'--•C 4 --i -•'G-f 3'/Lr/•�-vr�-Lt�� 7"lQ-r•:�*1 6416 M. 3- e�'�✓�► ,' 6 Defendant's conduct woul�'have caused a re onaDle person 1fl 8;1 br$ud ntlaf emotional distress. d 7 Defendant's course of conduct has been directed specifically against Plaintiff and is knowing,wilful.not constitutionally protected and without legitimate purpose. i (Congnuad on reverse) READ"INSTRUCTIONS FOR LAWSUITS TO PROHIBIT HARASSMENT"BEFORE FILLING OUT THIS FORM. ipinAd PETITION FOR INJUNCTION JYO�Cr/1 CWJMdOYflC�OI Ca�Mfwrany . Effect"January 1. 19f9 PROHIBITING HARASSMENT CCP$27 a C30 SM 1-80 e [] PLAINTIFF RAOUESTS'� PORARY RESTRAINING ORDER becai -�ntiff will suffer great and irreparable . - injury before this Petition cf.., D and in court.Thal jury i .hll be (Give . ails of injury and why.jt will*occur before-bourt hearing). - •~~ ' p. Q Additional pages are attached and incorporated as a part of this Petition to give further details concerning Defendant's conduct and Plaintiff's emotional distress. • 10 Delendant lives at a. Uwn 11. Defendant works at: a. Unknown b. ()4 (Specify): . b. Q pecify): <� 7 :? � - . 12. PLAINTIFF REQUESTS THE FOLLOWING RELIEF FROM THE COURT: 94es-pi a. [ A Temporary Restraining Order(Set forth terms on "Order to Show Cause(Harassment)and Temporary Restraining Order") b. ( .� An Injunction prohibiting harassment(Set forth terms on**Order to Show Cause(Harassment)and Tempo- rary Restraining Order") Notice of the Court's order be given to the following law enforcement agencies(Specify) Agency Address d. [ •, Reasonable attorney's fees e. Court costs f Additional relief as may be proper 13. Date: . . . . . . . . . . . 14. �w a hnanq owl Vf•wai ftwo OF"M twism 16. Q Verification(Optional—see instructions. Must&e verified for Temporary Restraining Order.) a. 1 know the facts in this Petition are true of my own knowledge.except as to those which are stated on information and belief. and as to those matters. I believe them to be true. b. am the Plaintiff c I am the attorney for Plaintiff and 1 make this declaration in the place of plaintiff because(Specify) d I declareWe u1 perjury that the foregoing is true and correc and th t t��s ,e^cla anon Is ecuted on(Date► �y�� at(Place) 7�� '!/L� " . cillo ea Niue ,17. , r 18 � �� l�f o...«e-0 , sywfrw• The declaration under penalty of perjury must be signed in California. or in a state that authorizes use of a declaration M place of an affidavit.otherwise an affidavit is required. 'Al i♦;HNT vDRl NHLPRILSENTED PARTY(NAME,r, . -..:SS) TELEPHONE NO -CST_-- + ►�.�' V ! 1 1`; �•{ c 43?- �9 (c _ J S - �- , ' `� pQ A J Ll-. 319Qfi ATTORNEY pop rNawte) /� ►filer (T� i SUPERIOR COURT OF CALI RNIA.COUNTY OF CONTRA CO STA J•R.'ULbsUN,Uoulliyy t;lerk 725 Court Street CONTRA COSTA COUNTY P. O. Bo: 911 &1 M.Allebdoron.opmry Nartine_s. CA 994553 : PIAMIT�it ,V�' DEFENDANT ,`• �rOAWMPZAL E ORDER TO SHO CAUSE(144RASSMENT) CASE NUMSE017 •' 4,AND TEMPORARY RESTRAINING ORDER n8 R 3 6 9 1.TO(List name of each defendant): • C.-1A SE o e.) a n �jr� ' 7a4 ti 2.YOU ARDERED to appear at a hearing in this court • qOn a. (date): b. at(time):. , . . . . . . . . c. In(room,department,division): . . . . . . . . . . . . . . . . . . . . . . . . . . d. Located at(address) COURTMUSF, COURT L MAIN STS. MWITIN:Zr CA. P.O. BOX 911 and to give any legal reason why there should not be issued against you an Injunction Prohibiting Harassment, and such other relief as the Court may order. S Q TEMPORARY RESTRAINING ORDER U .l sEyj 00 K'ti��► Y>1 'L filz_ a. Pending the hearing,the Court further ORDERS THAT(Name): &9-%C 1 . SQaC'/lto(?<14 . Defendant. is prohibited from alarming,annoying,or harassing(Name): Ape, DOW$Plaintiff, and SPECIFICALLY ORDERS THAT DEFENDANT: (a) Refrain from threatening,striking,or making physical contact with Plaintiff. (b) Q Remain at least . . . yards away frorV the following locations: I (c e. f1 LF(d - ----- -- - --- (e) [:]Remain of least . . . yards away from the following persons(Specify): (f) Q Retrain from contacting Plaintiff by telephone. (g) [] Retrain from blocking Plaintiff's movements in public places or thoroughfares. (THE TEMPORARY RESTRAINING ORDER IS CONTINUED ON THE REVERSE) VIOLATION OP THIS TEMPORARY RESTRAINING ORDER IS A MISDEMEANOR M you do not Ira a Response to Petition for InfunOlen Prohibiting Harassment.- or d You do not aopwar at the Court hearing the GOurr may make further orders against you iOr'l ouncilefCamor"sa ORDER TO SHOW CAUSE (HARASSMENT) he �icttn j&nurary 1 972 AND TEMPORARY RESTRAINING ORDER CCP ser s C28 5M 1-80 • '(Temporary Restrainin 2 a 8 3� 9 . S. ® 9 Oro..-.. .�Gnued from other side): _ r _ _ .. (h) Other(Spealty): '�. 1 1 ..E • .0 Luz s : C-a b. This order shall be enforced by all peace officers in the State or California. c. Q The Clark of this Court shall transmit. by the close of business on this date. this Order to the following law erflorcement agencies(Specify):' d. This Order shall expire on(Date): . i. Th i ction has been spught byPlaintiff(Specify Name): . L j2,,,�, Lo r•u ! /US! I)I�u .and is based upon the P40"n for Injunction Prohibiting Harassment. S. The defendant sh be personally served with a copy of this Order to Show Cause. the Petition for Injunction Prohibiting Harassment. a blank ResponsiLlo Petition for Harassment, and the Instructions for Lawsuits to Prohibit Harassment no later than(Date): . . Gf�` '?�. •'I'-��,�-�.:.!_,"= _ z a. Date:. , i ., . . . . . . . . . t. T~of n»swrw•m coin , -WOO � ..� 4 "7UNTY.OF CONTRA COSTA;1- I PHONE Ntos 7/ �''t:' '`..WALNUT CREEK DANVILLE JUDICIAL DIS RICT ; ' '`'C,�No . 040 YGNACIO VALLEY RD.4_P.O. BOX 5126•WALNUT CREEK,CA.94598SC .11733 AVISO AL DEMANDADO - - NOTICE TO DEFENDANT f; t'..' LISTED LO ESTAN DEMANDANDO YOU ARE BEING SUED BY PLAINTIFF - ,•► To protect your rights,you must appear In this court on the tri ;I Pars rot*gor sus de►eehos, ustsd dobe presenters*ante sate sort on la focho del)ulclo lndlcade an el cuedro quo eparace date shown In the table below. You may lose the case It you do '.a ntlnuseldn. Sl no se presents,puede porde►sl caso.La car- not appear.The court may award the plaintiff the amount of the ;;to uode decldir on favor del demandants par is cantldad del claim and the costs.Your wages,money,and property may be taken . lama y los costae. A ustod to pueden qultar su solar/*, su , wlifwul turthar w+ml ham court. ' M ,. . a� d, sra,y otras cases ds su p►opieded, sin arlso adlclonal par �Y ng - - - --• >, part*do oats torte. -..... ..I�,.. • ,yam. �. r !'LAdRIFFIDEIAANDANTE(M•i•e a+M edllrma of eear►r ! i i Ar�• pEFENpANTIpEMA;l1:�AD0 fNam and atltlreaa of aaelU: • MA?RDANNII �S• Ql19IS. ' ' •► '•��.; . `:• �;�`. .. lEASBIi B�JDEI ROI.ZL'R - _ ;::: �:• -. 2807 Springdale Lane 2807 Springdale Lana ' •, � • � �'• • . :j '�.�• • Sass` Ramon Ca 94552 ' Y �`'� San Samon. Ca 94583 ' - DOM KIZAR ; 2507 Springdale Lane San Rattfton. Ca 94583 (_: • ' . • . .;" ..;�r;:.�:� � :, �_J ;":�� ' 1..:—Y.J1mtI:E CAM ,; . ...r .,•:. .�' P insdals Lame ,,•, �''` �;�,- �' '482 .1awne Ca 94583 Q See attached sheet for additional plaintiffs and'defendants. ., r.z :• ' .•, yrs ;+�:. . ;a PLAINTIFF'S CL91M ;.t Defendant owes me the sum.of S I r SQA.A� ,not Including court costs, because(describe claim and dafe)TtC; Intentional inflieiton of tlwtional distress. indoeed by defendants. st fights intentinnil� i started to cause 01AIDtiff bans dmailte b TraS>�_ =, 2. 1 have asked defendant to pay this money, but It t been paid.. & This court Is the proper court for the trial because] (In the box of the left,Insert one of the letters from the list marked"Venue Tlbls"on the Deck o/this sheet. it.you select D, E, or F, apbclly additional facts In this space.) ;t. 1 have tiled more than 12 claims In this court,Includl g this claim,during the previous 12 calendar months. 1 understand that �' � ;► a.I may talk to an attorney about this claim,but I cannot be represented by an attorney at the trial In the small claims court •� f 'r,,b.)must appear at the time and place of trial and bring all witnesses,books,receipts,and other papers or things to prove my". c.I have no right of appeal on my claim,but 1 may appeal a claim filed by the defendant In this case. ' d.It I cannot afford to pay the fees for filing or service by a heriff,marshal,,pr constable, I may ask that the fees be waived. 0. I have received and read the information sheet explaining some Important rights of plaintiffs In the small claims court. r ,•. I declare under penalty of perjury under the laws of the Stats of California flat he foregoing Is true and correct. 7_7-Ate ,1 i ; Oats: � ;�;. :,• ,. . . HABYDDAi�iA.AIB a���. •. - t "(u!m'�,,— /TYPE OR PRINT NAME (SJONATURE&P PLA/IYTffF NOTICt TO P�AINTIFF ` ` YOUR CASE IS SET FOR TRIAL ON THE DATE AND TIME SHOWN BELOW,YOU ARE HEREBY IRECTED TO APPEAR ON SAID DATE ' AND TO BRING WITH YOU ALL BOOKS,PAPERS AND WITNESSES'NEEDED TO PROVE YOUR CLAIM. • it ,• .,. ..�r•:�. .. DATE TIME PLACE COURT USE . TRIALf)40 YGNACIO VALLEY RD.,WALNUT CREEK,CALIF. DATE - , FECHA CHECK COURT CALENDARS POSTED IN THE LOBBY AND REPORT OEL TO THE DEPARTMENT TO WHICH YOUR CASE HAS BEEN JUIC10 ASSIGNED., '•^w• m..:.. . .. Filed on(date): 7�7-a6 ROY ifCHIESA; Clerk,by s. Sturgis ,Deputy ' —You have a right to a small claims advisor tree of charge. Read the Information sheet on the reverse._ ` Form appro.ad IM JWO�NaI eo,r.en e�°uyrllo.w PLAINTIFF'S CLAIM AND ORDER TO DEFENDANT scloo pa..Janumv 1,in" I'1 . ;'. s'(Smsll Claims) was eetT r 7��VI SUIMARY 0 ACCD%IIT- MAYRDI IM XIZ 1 on Ju;6+.J12, 1986, at about 6:00 P.M. , as 3 t:as in.the bathroom 2 at address at 2807 Springdale Iane, in San Ramon, California, adjacent may rented ' bedroom and R roommate by the name of Laurie 3 Casey came to the bathroom door and asked me if I had ::ached today? 4 I said "Yes I had", she furither Raked me 1if I had been the Verson S that took her clothes out of the ~usher and used the 1:�her," "I said"Yes I did." a'he furthered that don•t 'do that becn�ss :her s clothes could dry out if they sat on top of the dryer." I then 7 informed her that l had taken her clothes out of the washer because . 6 I had to use it, and the next time I Mill do the same thing, and that in the future, if she t:as not going to fully ;rnah and dry all 9 her laundry, to shor the other tenants common courtesy and at leas 10 remove: hen laundry so that somebody else could trash and dry their 11 clothes. Well then Karen Budenholzer spoke and said to me, "You did hot pay'your••rent," "And that is not your rasherand not 12 your dryer." I then asked her to not out off the t.asher and 13 'dryer and the T.Y. Sets from me and reminded hAx that I had a 14 restrianing order against her starting an argument, She YELLED "You haveW-t paid rent in it *.-hmle month," I than yelled back at 15 her syning ":dell if I haven'-t paid rent then what vas the is 4566.00 I paid, if that .rasp•t rent? I yelled at her and told her "Bitch, you leave the fuclting utilities alone, until ire go—'to court, and stop cutting off the -television sets from me, Yes, le I used the rasher and dryer and trill use it until I get a notice 19 from the courts to vacate, are then you re hereby breaking the lar. to submit me to this humiliation and harassment, and you are 20 further restrained Xrom starting arguments. By then All 3 fellow 21 roommates rare out in the hallray yelling and screaming at me, 22 quoting hors much they pay, and what I could use and not use in the house. I then Asked karen and the rest of thea to "Go to hell 23 I rill u^e the appliances, unti? I leave. :Karan Budenholzer 24 continued to argue at mc:, I asked her to shut up, and leave me 25 alone, and she cantinued;• So I tossed the candle holder in the: hallt:ay do-..m to the :loor and threatened az I continued to put 26 in my hair --onvo to i:iek her ass. &;o =he `uic::ly opened the door 27 :Lnc rTM out the door and cetlled the po?icr on me. i then �icl_nd 20 U-0 tile c�Z�tez off the floor ^,,'1t. thrc-- t hem out onto th- 1 it-n nn;, one an?-- on the: pavnmrnt mac brow. Thr police th^n came in :::• N�... about minutes r• ' policemen •stood at t.?-- ' Zthroom ao end - nskec: me to sotp' out onto the hall::,-,.y bocaUsu' I :gas beirig placed 1 under citizens arrest by karon'budenholZer for 'banish3.ng find',vim` vandalism. Y then LOUDLY PL.�CED Ha1DCU,?rS ON L HnIU73 lti A 2 iU10T , AND SAID "SHUTUY","MAYRDAYINA DAVIS, YOU ARi�,:�UPlD%R'ARP. 3 4S I VAS IT1}'ORI.IITZG THE POLILCEIScN OF TIM R=STRIlIIdG ORRDERS I HAD. _ I begged and pleaded, please may 1 Ju3t got my shoes, the first-. 4 officer- said"no that is• not necosstuy."so I continued to plea, :�,:.• please Just let Me. get my shoes,. so as Me got about 5 steps at.ay �b :xr from the_ front door the officer..chantedhis mind and sa#d, ;'Ahere . ' ore-your shoes:Ibegged,`Just S let me sho:r.you, and till ithn other �`.; .; • .7 officors holding may .arms in' handcuffs said no Just Tait here at the door and thy:' officer •mill go back into your room Tind 8 look for your shoes. I then continuing to bog the officer that was 9 holding me back - from my room.for shoes: identifying beach straps '-t 10 rear by hin.saying "Are these your shoes and your room, I said yes, the officer said- o.k. , lets go. t begged for a sweater for mfr 11 arms. And the officer said, still in my room, VZRY WUDLY, •VIHERE: 12 TIMM.".! 1S y 5:;�'„T R, I DU NOT SA:c A v:�AT�, ISO, N0, IT I3 VERY - 13 ARU OLrVSISE, YOU DO NOT NLED A S:'IEA=-R: I O, MISS DAVIS, YuU Du NOT ICED A S.rrAT�:t: I CONTIMU" YL AS:; Ur�'It; , Ju l look into 14 that drr:.:er. I could not point because .my lu•md were still . 15 handcuffec?. behind my bac::. SO =- O7.e1CZR SAID, "::HIGH DIIA':IER?: 16 I said, that one, and he opened it and said no, t do not see a sweater, and slamed back the dra::-er saying, no, let's go. I 17 further begged,"please officer try the other drarer, So he did 18 and said :"HR✓t: and I said the brown one there and my purse x.19 please, he then said NU, NO, ALL THAT IS NO,.r I.cCESSAP►Y, I B.EUGED, _ • PLEASL 0�1TIC:R, Miilu Ur nR. aND ;,TY CAR AIS nGUSE It YS tiLr,SE •..2oI DO Nv'r :«uVT TO .LEAVE LAY PURSE Hr;RE, r1.&ASE BRII�IG ,I. Sv Hr: 21 STARTED Dur1rIIIG ALL IlY MloO�IGIIJG OUT Ot ISY PURSE ONTO THE I£D, AND '.� I ASI-M .71a? ' JAJ0 IC SAID TO CMC:.' TO :.'IL :T -..Y PU3SE COI:TAIT"D, ' 22 - •. L AIM. TrL%T IL--' ::OULD PUT IT A"Z. D.101: L= I_y ?Ui g. I _; ; D;GGA I+ 23 HZ COULD C A3 :uP.: YAC:: I.Y DCO A33 M: C,11'" OUT :L:D Z T1:1M TO 24 LOC i IT OI: �Y�:TIAL TR= Aim SAI= TO SUC�.3-,.1ULLY ::AC:; T,-r 13003, 15'Ir�:tTM."1 Z:GG_� THAT I -WAY TIE2- J:T?L 1 ;I.':.: TM' ✓001 _•OC;LD. 25 ..+r-ID .�+. AS 1 .:AS :� .::il >;LTDE :IOI�.:rR THEA STOOD 1T T'II r �'0G ,�1D �l0 , 26 =1 =U-rfZD- TO T11C, ?0:1%0E YOU DY CITI—ids ARREST o 27 TIS B:�IIIS:: :G XM Y:.ITDi�T IS:•i 0_' 1.'-ZP U:Z3TY.OfIL .-y HE.'J '.:1 TII✓i? 213 Sn*'UV-J DG:::I INTO TIIr POLICE .1".R I LEGGED TO H:;; RZT-A32D 17R0'•: TIM H_,U1DCU_T4!.! =C?1U3s I -.'A- LEI'.DA DOCTOR• C.,= ;J TM PAL; III r' T J11Y AMM 5 TTLArw1BL P0ZaC_­0' ::OliZD i;OT 1WL)CU-E iZ Z FRONT r ITI R ouzo _ .T r As3TIS PAIN Mt I1Y --i3 CN xray s�:, - BACZ. BUT RATHZ R DROVE Wnf PAIN ALL Illy '!:AY TO 11%RT31M -JAIL MZ:',,I,:'AS MY RtMLY BOOA'= AIM 111UULU1D= BY TIC BZAC3; •:: ,2 POLICE rAIE CL?RI�, AND Mo OF r10 POLICrtr-.rJ D111W RS OF CAR OUT-TOOK .M. . 'I informed tho officers of mrestraining order . :>-a:3 • •: •1:�' Phe •policc+ oTficere. names unlalo::•n rcl'used to listen and - is+4 enforeo.-ny.res"ing orders against :.wren Budenholser, Laurie S. oCasey,`:and Donna .Uiza•r and proceeded t:ith *My► arrest. The officers }`��• violated,my rights '•under the 13th'and 14thamendmentguaranteeing 6 no abridging; of privileges or immunities of citizens of the United 7 States to deprivation•of life, .'liberty or prosperity r.ithout e due process of In or eery any person the EQUAL PROT:CTIOTT under tho• lay .9. ~s of the :Unitr+d St•1tr+s Constitution. 2. The 4 Police o;1ficers is liable to plaintiff, laiyrda na Ane r' 10 Davin un`or`l:0 ALL 3d, 1290, supporting damages for emotional •;. li distress resulting free ethnic or religious abuse or discrimination •'` • 3. ' The 4 police officers Violated plaintiZf, L:ayrdn,..Ma Ane' Davis' rights under the 8th Amendment prohibiting cruel and unumil 13 punirhmnnt. 14 4. 4 Tac 4 poliemmon violated plaintiff Is RiGht:s under the Unruh Civi? Right _pct c•hich sFy :•:hoover aic:s in denial, distinction or 15 c?incrimination, under this act Shall be liable: _"or every snch 16 o+fe z.n for both actual and specified aFwngcs. .; 17 �. Thn 4 policemen violated pinintiffIz rights under 38 t .1 aur 2d, :.hich supporta remedy for battery, nssult, fright, shock and hen tel anguish. 6. J.Treatmant to plaintiff uas c::trema and outrngeous and as a s' reaul t cho surf ored in ..20 J� nen dwngo of: 1. Savers burning in the stomp ch - in ::hick she is under . 21 -- -a doctors' - ptrict sunervision, prohibiting strcac, and 22 fights, and anger. 2. Shoe: and .'might . 23 3 Outburst of nervous hives, in :•-hick she i:, r:13o unser 24 doctor:' cnro and strict ..uP0rvi;ion o= no :;tress, 25 or men r+ngu=sh . k. Insomnia 26 5. I:roc's Pain enc sore=ness from s?rbep ing on police lobby chair. 27 6. Cold feet end arthiritus pain in1,-L:le from. being forced t 28 "rnr bench :.traps, r^ther than •••aitin; for plet9,6iff to get pronar shoes on - and hn*lb to :tared at the± cold bus stop at 1t 00 O.L. in the morning to get a bus hone, after boo':ing and relnng8. 3. Plaintiff, j,.ayrDarma AneDavis affirm Cha the defondant'r conauct Taid abuso tovard her res a:trame and outrageous find -74 shored a'roctless and callus disregard of or indifferencb to the -�_ rights andsafety .of plaintiff, I:iyrDat:*n. Ano' Davis and mo motivated byevil Lind racial discrimination intended to induce •.` �,R:,T:..�, ate•. ,: =7',plaintiff _to severe trauma, bodily harm, damage and which could 7 7 �havo=.killed.:plaintiff. _�As a`result of the intention, reckless ... s'- `'•• 8 neglect_ and discrimination'plaintiff did in fact suffer pain and Y :9`. iin3ury and damage of. .t �� . > ,p. :• -Severe burning in the stomach - in t.hich she is under 10 a doctors' strict supervis&on, prohibiting stress, and l i fights, and anger. . ' 12 2. Shoo':. and Fright j. Outburst of nervous hive3, in ::hich she is also under : 13 a doctorc'a caro and strict suporvi^ion of no strosss 14 or mental anguuirh. Hives st-olled ha= eyelids nnc lips. 4. Insomnia ' �. I:0 c:: and soreness from s nnping on *police lobby chair 16 all ni�'�t. . 17 . 6. Co'C, " of end arthri tui pa_n n har right �.n?:le :'rem oc:i ig forced to *car 'a:ach strap=, rrther than ::citing 18 ' =or p?nninti+f to puton :Lr:c fat op::: ;ho.^.3 and 19 cvallir- in her :sot from. h.-tvinc to �t:uz ;+t •the bus _ n in the colt reather nt 1: 00 mi- p. . � the morning ste `• to gnt a bur homn, al boo-i i- and relarse. r 21 f Plaintiff is under the cae- of �+ doctor:�' ' _- .. ohich 1:3 for 22physical therapy for har noes and ars- enc! hrndr, and handcui'fs - truanatisnc: bar alrenCy pra-mi.stii:.Z con-_'ition. ?I.-tinti=f affirm 23 that her r--straining order agninrt 1-0110:•- toluunts shoule. have _.: 24 sustained at the necident, and unncns,ar„► rrrnst should have been 23 **nivnc ;tnc could have been avoidac: by "Alta off .cars simply talLin 26 to all rgitatod parties, "E Ren 3udozlolser, :.;n5 ---mn Arr.-:1 Davie, Donis I:iirar, and lauri a Casey. As'a ro3u't, the o-j'+icial lag,-Ll 27 res t_,ninina order ag<in t the plaintiff': fellow t�-nnrnts -rare 28 i zornc► and procars avoided. I.' nn�*thi:g the o thcr -01lo::- trnrnt:: shot+l:: have been n.-ron..tod for viola tin nlainti=f'r order 29 me stcrting a f ir;it ::ith Mr. Plaintiff -;�icrcf ore sun for both 30 conpanrnto+y damages the c= o= :;500, 000, 000,00 and punitive 31 C;-''n8ga= tho sum of 500,000, 000. 00 for the intnntional infliction 32 o_" emotional distress, t:hich caused tr:.un.� to pl.rtinti:f, otaling ,:, or �1 Bil o Dollars. 7/then Al P. C . OL3 e� oFr✓ xO FF �cs ,J -� -- oFl itJ/1 S /t d 6elL ort Ot,,C 4rA1 . e ye'roe, �$� s� � CA cdl� S � _ v '-�`jj _ .�•d�..:- c-+_ - •i.'•SF.':a.;yyi�: ij•�..- -�7•i� "r' �_ �r=V •�.r.•�-:Ri•� PAGE }'as:-,•i•;{ ;C�l~''i•�,.�.i�. a.w�:.'��,��i� `- �r+c.i.ii:i t.•�_.` •�;..•�: .�,'. r.'. 7' �.�•a�` .�. _�......-.. ..�•-.t�..+- +.u. 4:,,� 'r. _ :i:-t - -err. - — _ .may:,: ;.�,.ae. '::; r• .:. ,::;:_. ..:: __.� ..:..�4 .. ..-•.� RELEASE.AND PROMISE.,T.0 APPEAR FROM CONTRA>cOsTA COUNTY:fifTENTION FACi1+I11Y — '' � Penal cede'Sec - `�� iia-��•rt.s-i�•:. � a+"r - __ - ":�: .i.•_ _ .f.... - .. . ... _�� <- ,�:y ..:. ,' :sem _ ..L•+ .?;':_ �.�'•.r.. Yi[,�':.�` .:`- :'�:. �� +i.r ice• - .�4c '�.: ..e•..?.l+-i��•C.• ..i::".a'- �'�:- -' LCA' •T!` '.e:'.' ..* — - - . =t The PeoQle jw�r, the-ytaState Of California Is: - j`-�- -� -- -8_ooking No. .. _ .p. -.mow•• aA' •'^s:f-� 5 �_.H_..�•F.j�.. .,•,� _ r• •�: ��-�.- a��. .r.:7.^r+ ..'1..I `�:'•�'ic�'. ,.'�irt�1;�:-,�.i �,t��ra� �,::i' '.Y ate•._ [.a,:�V..�. _ -.'.s:��. �•",,�� •''.!['•""-".� s .. .;�r._�: ice*,• ...3 �i,.►......�'.�u'+- a:.�•a .ii .:w-� :.�h :In.cojd t3e :o :t�eiAo. lc�-s 'from cus "herebj -f' '`s.Y.;�►.w,r.a,... ,! r �. 1Y��p. •+.. ` '.•, a •1' ..... _ '•r i:.. rrt--r" w«�.t :� ++`,• to yy��.�?►- _.•- •Yr-'.+�� - �t�',-�, ��:;t'��tf.:r--is'1::�-:a:;�:+k�'. "err:: ,:a[�~.a3.��- :�;•.'r.�J.s�-moi li«i �':.O'� '��..�� ,L. •��+.L.' ::.i:��i.. �-a:�{y�*•.•��• �'«-:�ti,_ J� • ��'.tti•J;�.-....i tiCV+r�Rl�i�t++� •. � r. �t��:�� ���.' .- :�:..'•�� 'R v �:..;.:. ,.. ..„ •... .ar'�. c t y1, :#!" _ - eJx<i. a: r-•.F'v,ra�•, �.Sf•.•�.. :�'4:,y<c'7�'�"f�.:.�:.-;..: �S' ��:` -fi'.. F•=�'•r i. ^� !s�. ''; _r,.l'.�:.. .% :�' {:^ � ��-�'�..�•:=�.=..:��ii'I'i� r- -`<<•i•��M.' �. ..wY.��.-'�_':t.. !�,�1.�.{: That. �;_::_=•� X. " - _ _j�.•�■y��j, wa7�iut geek Hunicipa] co_ urea�ocate .at 6�0 Ygnacio 9a71ey Road, Walnut Creek r,y +_�' ',�. ^.+.;- "�7!t+ �Y.•rc ?r'i?ti.. Asa^.r^q.. :T.:••�.•�, • ,� �.y: a.1.r..a�: �� �. - -.t.. .-a^ � ... •.l 1L'. 'yi i` 7' t .;r,7: •:�,sy,.;. r.•s4.• ;:i:. ;,� '� I �.�"'�.:s�•:J N +.r�: ,. r i�� . � .' Bay. %unicipal Court located�at 100 - 37th Street; Richmond lft. Diablo Municipal Court..located at 190 Parkside Drive, Concord - r :'.��. .•:y }.� •'.,....•�.A. .�, •.r•. '. '.Ja - �•�,. :-:♦'f,`:;-tib..�.F •r.' '. +'.•_ � . •� � ��. .• • �'J• - _ . �:. Wt.�Diablo 74unicipal ,.taurt located at-1010 Ward Street, Martinez - `j ` Delta jlunici +ur't-located t S CiviC-Avenue P ttsbu "� !r` 'f-:r' ; ;'_• _ .. .i.�• _ �-_ _ _.;�. :�_'.Y. a is:..i�+f.:�{..:,�,.,-�"L::. 'y^} •`..'-:7.i•..• .r�..'.- :{i�Via'.t.+r:• - •:•aT-.• .(..,.. i� .�Y,R1 E.- :V. �;� ..- .. �.a�- A+.a a..,17`. - � .S.-S-1."'::a -J'IPr�:. -�` �:� �-'4•r.• �'y12.' '-°Y��.,- ria. .�Zi•.r W `t�. .:ri. ...'L• !y Vis. :�y •1. �1 i�IllE• on 'the charge of ,violating Section( �r q�? .•. !_ of the-CaIifornia Penal/Vehicle Code. _ 2. That if If.fail+ A.'.appear rind am apprehended outside the State of California, 1;'J:traive extradition.: -.-$ . '3. I onder'stand tnat'"any court or ragistrate of'competent jurisdiction may revoke ,( this order of release and either return me to custody or require that I give bail other assurance .for.rV appearance..... ,;;' ,:`•,=;�;. 4 I •# rther ungerstand•Jthat if I fail -to appear when required 'to, do' so that-I may "tie,.charged with the additional. crime t me v.f a mi sdemeanor under Section I320A 'of. 'the Cal i forria Penal •�a j7Y?n;;r'�`� --!':A;:�.!. '.e. �•s1�i._..a,`-', •_•�,��•'-�• t ..ta:-iri N;'���•� .:a, •-Y:: aYi.Jl� �rK!i�r.Ojr.._ .- >� 'My� "Xa.il: F•i�:YJ^'rf.tY�.I�y-;r'•�y�!jR� - '•'11...1 ...:1.-��. �.� .. � .f -' . lAf��ia�����Sf.•`�.�,i::o• _..�i..��•r. _ f.E�':. ear��.e 3�w.'-y✓a.Y!rr�j.`�.�"',-''' . :r.aRs�c ifj• r ■w]�`r� �'+ � '/� � f`1�-'�,.: ._ Defendant 4 ' W V�...� �!•l .J. f. Y::.TJ•1 1. r.r _ ;w:1 •111.` y��'alr.:0.� '_ .. .r. .r%e�•� • ::$� :..t _".2 ta�•4�-' •_•!"'►moi. :-i:r:�..i a:t ' t .'aa 'A•:ti t e e _. catJ.,� rjii:; =it; �1 �'i: -�•i+ i�..'•''tl+:+l.;� -r•-�=�� ( �a •�`::�. mow• ..,�'�;r.'-:- .:. ::�..=�-.•. _ � _ ���.A�v:' . tk JA `•. '. :'. 4•! +tea: ..+:. �.• •�'� �'i City b phone /�?(/✓f ,%--oo;, -:: �2ello'v to.Complaint tit ; K- .. .��-f.ti,:• : i:. ::r< _pink to T)eEeIIdent`.' 01 - j�atGL•.•a!�.^:' .:; .Tri,• .+,. '\w ���`+I � �A•t��;`�i:- - _ - _ // #``- - .�s�v�'- ..I.��J".. a�....-+Y`e�'�C.=���(. )._�I..r.�-S�i•�i• •.+''r!:1a:� c •-�'�'�`:.:, � �•aN ' Z_�j����.. �f T ��y•'f•-����r �� �-�,�.'�Vii.�• '.i :+.. � _ - .a:��.',. -r•�J� :A' +(. �.•��i- 3!.'.''j !?.�."q;�� ..•ice.: - .. Instructions to Clair.-kr*y err-o,irm own,w `Mrtinez,Ca1ifom1A44553 " 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 oT this form. RE: C by )Reserved for Clerk's fin stamps ) DECEIVED Against the COUNTY OF CONTRA COSTA) JUL 11L !`� 1�8( or �ST (Fill in name ) The undersigned claimant hereby makes claim agai ntra Costa or the above-named District in the sum of 000, °v and in support of this claim represents as follows: '/ `Q-Lc,c'-cam. �. fahen did the damage or In3ury occur? (Give exact date and hour] --- + -- -- --------t- ------ ---- -- �: f�iere did tFie damage o in3ury- occur7� Include ity and county) •_ �7��� 3. How did the damage or injury occur? ( eve dull details use extra sheets if required !. what parte lar act or omission on the part of county or district of ers rva is mplo ee ause the 'n 'ur 'op damage? 4" (over) what are the names pf .,^ounty or district officers - servants of em 1 yees •causin9 t:( amage or injury? 7 6. What damage or injuries do you claim resulted? ZGive full extent of injuries or damages c aimed. ttach two estimates for auto damage) 17--i;-;-was the amount laimed above com uted? TInclude the estimated amount of any prospective injury or damage. ) ------ -- -- =--- -� -`- r� --s 8.--Names-- and addresses of wit esses, doctors and hospitals. - ------ --- ----------------- -- ----- -- --- List the expenditures you made on account of this accident or in�urys .DATE ITEM AMOUNT «, J 4r 4 Govt. LA- Cb9e SSee1c. 10.2Wpprvides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or byaqme peron on his eh&U. " Name an dd Ass of Att,,,,torne mAu Q1cJ �¢ fi`1UF a s Aigna r tZAddtesc Telephone No. P �d� ' 1 �`��� Telephone No. 11� - -S9/ 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 orpay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " P a ADDRESS +. R101.E A SSN/DRIVER LIC. NN.AMT RTDATE TIME REG PAT ACCT-NQ DAVIS NAYRDCMN& A 1S 1.�..._ ` 7/14/2.6 -�, 2y}g,-I_°F'2 2807 SP•RI.tIGIDALE LANE 587-80-1773 SAN RAMON CA 94583 STM`N Act S9X M.,S-~ d1ED.RE NO. :V 12/25/51 34 F•••. SGL GENERAL 1NSTRUCTIONS TO PATIENT SPECIFIC INSTRUCTIONS TO PATIENT YOU HAVE RECEIVED IMMEDIATE CARE ONLY ❑ HEAD["JURY INSTRUCTIONS The treatment was not intended to be a substitute for Or to serve as REPORT TO YOUR DOCTOR IMMEDIATELY IF ANYTHING LISTED complete medical care. It is important that you report to your physi- OCCURS(EVEN WITHIN,SEVERAL MONTHS). cion any problems that arise, or any failure to improve from this problem because it is impossible to recognize and treat ALL 1. PERSISTENT VOMITING, STIFF NECK, FEVER OR SEVERE elements of your health in a single visit. If you should require treat- HEAD. . Ment of continued problems, you should seek medical care through -2, UNEQUAL EYE PUPILS(ONE PUPIL LARGE,OPE SMALL) your regular physician, hospital emergency room, or you may • return to the EMERGI-CENTER. 3. COPIFUSION OR UNUSUAL OR0IMSIPE55 - A CONVULSIONS OR UNCONSCIOUSNESS. - S. STUMBLING OR OTHER PROBLEM WITH NORMAL USE OF ARMS IF X-RAYS WERE TAKEN,you may have been treated on the basis of OR LEW'OR AREAS OF SKIN NUMBNESS. the Physician's initial interpretation only.All films must be reviewed NOTE: WAKE PATIENT EVERY later by a Radiologist for final interpretation. If his impression dif- fers significantly from the Physician's, we will attempt to contact BACK B NECK INJURY!INSTRUCTIONSyou at the above address and phone number. YOU WILL RECEIVE A SEPARATE BILL FROM DIABLO RADIOLOGY GROUP FOR INTERPRETA- I. USE HEAT ON THE INJURED AREA.SOAK IN WARM TUB. TION OF YOUR X-RAYS AND A REPORT FOR THE MEDICAL RECORD. 2 REST IN BED AS MUCH AS POSSIBLE UNTIL YOU ARE IMPROVED. 3. AVOID POSITIONS AND MOVEMENTS THAT MAKE THE PAIN WORSE. YOUR BILL:A copy of your bill will be sent to you within the next few 4. RELAX EMOTIONALLY - IF YOU ARE TENSE THE PROBLEM WILL days. Because of the sophistication of the staffing, equipment and BEaoME WORSE. support people involved in immediate care, the fees for treatment 'may be higher than for similar treatment in a Doctor's office. This is S. GENTLE BUT FIRM MASSAGE WILL INCREASE CIRCULATION IN primarily due to care being available 24 hours, 7 days a week. SORE MUSCLES AND 50 WILL MELD TO CLEAR THE SORENESS. Private Physician's other than the EMERGI-CENTER doctor or Consul- 6. IF YOUR CONDITION CHANGES OR GETS WORSE YOU SHOULD tant, will bill you separately. For any questions regarding your bill, NOTIFY PHYSICIAN IMMEDIATELY. please contact the Outpatient Billing Department at 938-2400. ❑ WOUND CARE(CUTS,ABRASIONS,BURNS,ETC.) 1. KEEP THE DRESSING CLEAN AND DRY. SPECIFIC INSTRUCTIONS TO PATIENT ❑ 2. ELEVATE THE WOUND TO HELP RELIEVE SORENESS AND HELP SPRAIN/SEVERE BRUISE SPEED WOUND HEALING. 1. ELEVATE THE INJURED PART ABOVE WART 70 IESSEN 3. DESPITE THE GREATEST CARE.ANY WOUND CAN BE INFECTED.IF SWEWIK'• YOUR WOUND BECOMES RED, SWOLLEN, SHOWS PUS OR RED STREAKS,OR FEELS MORE SORE INSTEAD OF LESS SORE AS DAYS 2. ICE PACKS ALSO HELD PREVENT SWEWNG, ESPECUILLY GO BY YOU MUST REPORT TO YOUR DOCTOR RIGHT AWAY. DURING THE FIRST IB HOURS. RACE ICF IN PLASTIC OR RUBBER BAG,CLOTH COVER. 4. SUTURE REMOVAL DAYS. 3. IF YOU HAVE AN ELASTIC BANDAGE,REWRAP IT IF TOO TIGHT OR LOOSE. LOOSEN FOR 3D MINUTES AT LEAST EVERY B HOURS. t. IF THE PART SWELLS ANYWAY OR GETS COLD, BLUE OR NUMB, OR IF PAIN INCREASES MARKEDLY, HAVE IT CHECKED PROMPTLY BY PHYSICIAN. S. NO WEIGHT SEARING UMIL PAM FREE., N ❑ NO DRIVING YOU HAVE A CONDITION. OR HAVE RECEIVED MEDICATION THAT MAY INHIBIT YOUR ABILITY TO DRIVE OR OPERATE DANGEROUS MACHINERY. . R INSTRUCTIONS GIVEN S _ ❑ GAIT TRAINING SHEET p� O A NGsEVERE BRUISE s VNO ` ❑ HEAD INJURY •v ❑ BACK/NECK INJURY SKir.ATURE X .lro uroern uR•�oVF Or ❑ WOUND CARE IF PAT M D ❑ TETANUS SHOT GIVEN AFTER CARE INSTRUCTIONS 'JOHN MUIR EMERGI. tvr R EMERGI-CENTER SAN RAMON, CALIFORNIA 'OUR RECORD OF PART B MEDICARE BEN—I- 'JSED rti�L Blue Cross� o1-camomia P.O.Boz 70000 Van Nuys.California 91470 PLEASE READ OTHER SIDE OF THIS NOTICE FOR IMPORTANT INFORMATION THIS IS NOT A BILL r DAVIS M' DATE: 08/11/86 2807 SPRINGDALE /DANE YOUR MEDICARE NUMBER SAN RAMON CA 94583 HEALTH INSURANCE CLAIM NUMBER 587801773A 1.- 317930 7650 ALWAYS USE THIS NUMBER WHEN WRITING ABOUT YOUR CLAIM. PROVIDER NAME.ADDRESS AND STATE DATE OF FIRST SERVICE JOHN MUIR MEMORIAL HOSP 07/14/86 OUR RECORDS SHOW YOU RECEIVED 1601 YGNACIO VALLEY RD LAST SERVICE SERVICES FROM 07/14/86 050180 WALNUT CREEK CA94598 TYPE OF SERVICE COVERED CHARGES REMARKS tMtKGE 65.30 65.50 65.50 T• 75. 00 75.00 A. TOTAL COVERED CHARGES t OF Y,p11R DEDUCTIBLE IS 0.00 COUNTED TOWARD YOUR NOW MET FOR i3� PART B CASH DEDUCTIBLE ALL AMOUNTS PAYABLE BY YOU SHOULD BE PAID C = 0.00 PART 8 BLOOD DEDUCTIBLE CHARGE DIRECTLY TO THE HOSPITAL. DO NOT SEND PAY- MENT TO BLUE CROSS OF CALIFORNIA. 13. 10 Ilk MINUS SUM D. $ COINSURANCE.20%OF OF B..C.1 13. 10 TOTAL DEDUCTIBLE AND 13. 1 O 2. 0. 0() AMOUNT YOU PAID E S COINSURANCE PAYABLE i BY YOU PROVIDER F BALANCE t A - E + DIAG LAB) 52 .40 3. 13. 10 « AMOUNT OWED PROVIDER G 4 0- 00 « REFUND (ENCLOSED) M. I. BALANCE OF COVERED CHARGES 52.40 « MEDICARE PAID FOR THESE SERVICES 5566/82 PLEASE READ OTHER SIDE OF THIS NOTICE FOR IMPORTANT INFORMATION. • r rf .. r +fit' . 'Hp.?>=(ic.r.. . ?_ c a: s , OFT r. ;fir ,•t l t• t GENERAL INFORMATION. This notice does not include any Part A Hospital Insurance D. Hospital outpatient services are covered by the Part B Medical Benefits you may have received. And it may not include any Insurance program. A participating hospital may charge you the Part B Medical Insurance Benefits for services you may have full amount of outpatient charges, if these charges are equal tc received from a physician or supplier. .4 bri less than your Part B cash deductible, and the hospital does If you have received services covered by Part A Hospital not know to what extent you have met your cash deductible Insurance, a separate notice concerning these services will be and Part B blood deductible for the year. Where the hospital sent to you. collects the charges in full and the intermediary later finds the deductibles were fully or partially met, you will receive payment, along with this notice, for 80% of the paid hospita' This notice shows the current status of your Part B cash charges in excess of the cash deductible and any charges for deductible and the status of your Part B blood deductible, if the Part B blood deductible. you were furnished blood. When you receive services again from a doctor or institution, show this notice, along with your Medicare card. E. If you have any questions about the way your claim was The doctor or institution will then know how much of your handled, or if you believe Medicare should have paid more of deductibles are met, and how much to charge you for services. the bill, you should contact the office which sent you this You can also use this notice to help with your claim for notice for an explanation. The address of that office is shown any other health insurance you may have. on the other side of this form. If you are not satisfied with the explanation, you may request a formal review of your — claim. If you desire a review, you must request it no later than You are responsible for the first.$60 of covered charges for 6 months from the date shown on this notice. Part B services rendered each calendar year before.1981,or for - the first S75 of covered charges for services in 1982 or after. In addition, you are responsible for replacing or paying for the F. Your social securiiy office will also be glad to help you with 1st 3 pints of blood. furnished under Part 8.. .;This is in any questions you may*have about Medicare benefits which are addition to the 3-pint blood deductible you must meet for not answered in "Your Medicare Handbook." The people there blood,;'furnished under Part A.) The Part B Medical Insurance will be glad to help you in any possible. program will pay 80% of 'the remaining covered charges for Part *8 services furnished in a calendar year. . You *are responsible for the other 20%..of such 4pharg". Further information about the Pan -8 Medical Insurance program is given in "Your Medicare Handbook". 112(REVERSE SIDE( Al tr1MN1 ni4t1N11tpats[N`ED ARTX(NAME..., .�_ -I.SSI IkIfNHT)NF Nil ►..�COURT USE ONLY :IayJa :n� Ane avis 280? Springdale !*tne (1*M)WQ66f Whft1611t $ S �t . San Ramon, CA. 9+583 correct coiq of the odginal On * file in this office. ' A11URNfV i(1R(NAtnwl j�'jsyrDar;nrl Ane i Dav].$ JUL 16 186 a SUPERIOR COURT OF CALIFORNIA, COUNTY OFNI�T 715 (:curt S l r i•i•t A�•' P. o. K 11 x 911 1 A•�t$S►)t! Coin:!e,ll u►Nr«.��,trAt....w Mn rt .I n • . J. R. � v0�� C P�AtNTlfiWC and snow +«N.4u f\Ivtt Idayr wma Ane' DavisDvis c01° 0* stua � to D OEFENDANT laurie Casey, KaClarkren Bud(,nhdt �y E ORDER AFTER HEARING ON PETITION FO CASE NUMBER INJUNCTION PROHIBITING HARASSMENT 285369 1. This matter was heard In court as follows: a. Date. July. 16, 1.986 . . . . b. Department.division.or room: . Department .13 . . e. Judge PatSey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. The follnwtng persons were present In court(Specify names): a. [T.) Plaintiff Plainttff'b'Ampirier PRO SE LiayrDrv.'-na Ane i Davis b Q Defendant Q Defendant's Attorney :,HURL CAS-2Y KAIR✓11. BUD i1HOI,4R . . . . . . . . . . . . . DOTTTTA I•IIZAR laurie Casey 3. IT I H� tEBY ORDE, D THAT(Nanw): Kanen Budenho. zer., . Donna. Mizar. ,Defendant. ) /Ri,v � /U[ y17 ��1fuJ.tra �N�' f� S� (Name). . •:�. _ �. fieeI rderedio 41 4a 0RG�Q�FEC� �e e a. ® Refrain fi or making physical contact with Plaintiff. b. Q Remain at least yards away from the following locations. RPe-.—Q-Ae#retr,4ren1-keep.rrg Pie+i 144-a derxrneiltnnee. Ry — Refretn4rem4ofletwmg-Ptamtrff • - e. Q Remain at least . . yards from the following persons(Specify). f Refrain from contacting Plaintiff by telephone. g Refrain from blocking Plaintiff's movements to public places or thoroughfares. (THIS ORDER IS CONTINUED ON THE REVERSE) VIOLATION OF THIS ORDER IS A MISDEMEANOR r„af n o-o.eo or the ORDER AFTER HEARING ON PETITION FOR ,Eitece'venid6nu�y 1 1479 INJUNCTION PROHIBITING HARASSMENT C1.9 5M 1-80 ccPs2ib (continued from other Olde) . 3 IT IS HEREBY ORDERED THAT(Name)- Defendant.071ri« h [M Other orders(Specify): 5 — r •mac cra en _c.- • c_ i •c 1 �._ w •.T i. This order shall be enforced by all peace officers in the State of California. VIOLATION OF THIS ORDER IS A MISDEMEANOR 4. Q The Clerk of this Court shall transmit, by the close of business on this date. copies of this Order to the following taw enforcement agencies. Sam Ramon Police Department 2222 Canino Ramon, San Ramon, CA. S (Name of Party): . . . . . . . . . . . . . . . shall pay to(Name): . , , . . • . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . ..S. . . . . . . . attorney's tees. and S . . . . . . . in court costs. 6. This Order, except for any award of attorney's fees and costs.shall expire at midnight on(Date): 7 This Order. including all attachments.has . . . . . . pages. 01i 8 Date. 9. - Judge of Inc Supagr Coon . '41MW �� r ray—. t'S Office of District AttL_.,,;y Cotltta '. - �,*.Y� Costa [KafkaAUMM Operations ioe *021 WillowPas Rol County Room 202 Coincor s.caBtorria 94519.25" July 18 , 19.86 rMayrdawna A. Davis. 2807 Springdale Lane San Ramon, CA 94.583 Complaint has been made to this office that you may have violated: PC 417/549 - Brandishng a weapon/ vandalism. You are therefore cited to appear in the Office of the District Attorney, 3024 Willow Pass Road, Room 202, Concord, California, on: • August 5 , 1986 at 1 :00 PM. to show cause, if you have any, why a formai complaint should not be filed. Please be prompt, and bring this citation with you. Very truly yours, Rn GARY T. YANCEY A11 G District Attorney fl,5IRGhSTOitE '; CFFIGI Deputy District Attorney Revel Baptista RB/mg 86-16896/SO 7/16/86 LA-) ' W C„ "MW W V*-Jc;l..M— Z., CITY COUNCIL AGENDA R DATE: August 4, 1986 M. City Manager/City Council 0 FROM: Byron D. Athan, City Attorney UANOW" SUBJECT: Recommendation to Reject Claims': DAVIS, Mayrdawna Ane' Recommend rejection of referenced claims and referral to Contra Costa County (Sheriff's Department) and the City's insur- ance carrier. Claimant claims that the conduct toward her by members of our Police Department "was extreme and outrageous and showed a reck- less disregard of or indifference to (her) rights and safety and was motivated by evil and racial discrimination intended to induce (her) trauma, bodily harm, damage and which could have killed her. She asks for $500,000,000.00 compensatory damages and $500,000,000.00 punitive damages for "the intentional inflictation of emotional distress, which caused trauma ." AGENDA • BOARD V S' 'ORS OF CDN7RA COSTA COUNTY, CALIF NIP rti w._,13d ,_ ACTION Claim Against'the- CqBCSu unty. or District governed by) _ the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIM0; Au gut;t 1-2,. 1986 -and Board Action. All Section references are to ) The Copy of this document wailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), Amount. $1,000,-000,000.00 given pursuant to Government Code Section 913 a n d 915.4. Please note all •WARNINGS'. COynty se. CLAIMANT: MAyRDAWNA DAVIS .rut1 51986 ATTOR,: Y: +MBjrIA� 1+• 553 ADDRESS: 2807 Springdale Lane Date received Jul 14 , 1986 * San Ramon, CA 94583 BY DELIVERY TO CLERK ON: Y 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: July 15, 1986 BYDeputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors V) 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: 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 unanimous vote of the Supervisors present (A This Claim is rejected in full. ( ) Other: I Certify that this is a true and correct Copy of the Board's Order nt d in its minutes for this date. Dated: AUG 12 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 lerved 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. CC: Claimant County Counsel County Administrator J PAGE' 41 ?.:3�RT F.. CHESr�►.. MAYR DA'::._. AVIS _ A�=o:'r,ey at Law 2807 Springdale Lane ' -'n'r 14l"Briarwood Drive San Ramon, Calif . Hayward , Calif . 94544 ' 1 MUNICIPAL COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 2 WALNUT CREEK - DANVILLE JUDICIAL DISTRICT 3 KAREN ANNE BUDENHOLZER, ) 4 Plaintiff, ) NO.C38201 5 V. ) JUDGMENT FOR RESTITUTION 6 MAYRDAWNA DAVIS , aka ) OF PREMISES , SURRENDER OF IMAYR DONNA DAVIS , aka ) POSSESSION AND DAMAGES 7 MAYRDAWNA ANE' DAVIS , aka ) ' MARY ANN HATHORNE, ) (UNLAWFUL DETAINER) 8 Defendant . ) 9 10 The above-entitled action came on regularly for trial this 11th day of August , 1986 , in Dept. 1 of this court , Hon . B. 11 Zuniga presiding. Plaintiff appeared by her attorney , Robert M. Chefsky , and Defendant appeared in propria . persona . Evidence , 12 both oral and documentary , was presented by both sides , and the . matter was fully presented and argued . 13 Findings of Fact and Conclusions of Law not having requested and the court being fully advised in the premises , 14 IT IS ORDERED AND ADJUDGED as follows : 15 1. Judgment is awarded to Plaintiff Karen Budenholzer against Defendant Mayrdawna Ane ' Davis , aka Mary Ann Hathorne ; 16 a'. ) For FORFEITURE of the lease entered into by the Plaintiff and Defendant on June 11 b 12 , 1986 , set 17 out as Exhibits A and B of Plaintiff ' s complaint in the above-entitled action ; 18 b . ) For RESTITUTION and SURRENDER by Defendant of the premises situated in the County of Contra Costa , 19 State of California , and more particularly described 20 VG 1 3 1986 as 2807 SPRINGDALE LANE , SAN RAMON , CALIFORNIA, to plaintiff ; c. ) That Plaintiff recover from Defendant DAMAGES in the 21 sum of $883. 73, up to and including August 11 , 1986 , as and for the losses sustained by Plaintiff from 22 Defendant ' s breaches of the above-mentioned lease ; d . ) That Plainttiff recover from Defendant the additional ZZdd sums of 2 . 00 as and for a reasonable Attorney fee �.McCaustlaw incurred in this action , plus her costs incurred to 24 date , amounting to $46 . 00 . ..`w�oi�AI Ogg e . ) Defendant Mayrdawna Ane ' Davis , aka Mary Ann Hathorne i` �Y is ordered to remove herself from the above-described � WAWUTcR * premises at 2807 Springdale Lane , San Ramon , Calif . y,NV�af � FORTHWITH. DONE IN OPEN COURT this 11th day of August , 1986 . CoSlACJ � /df the Municipal Ct . —� +iss M A R S.H P I 'S D E PA RT M E IV 1 PAGE �r Z COUNTY OF CONTRA COST; �osr, ozEAST OPERATIONS ❑ WEST OPERATIONS"' P.O. BOX 728 P.O. BOX 5468 3018 WILLOW PASS ROAD 100 37th STREET CONCORD, CALIFORNIA 94522 RICHMOND, CALIFORNIA 94805 (415) 6714441 (415) 231-3243 Judicial District Court Case No. 038201 PLAINTIFF: .1darshal's.No. 26-5552 , 'ROD>�flOR.ZEi1 `, ;� - DEFEN[ ANT: B&FIS WRIT OF POSSESSIONINOTICE TO VACATE " . . ,.., Name d address of Judgment Debtor(s) HURDAMANEW DAVIS AL DATE&TIME FOR EVICTION: MARY ANN HATHORM 2807 SpringdAle Ltat * 20 a6 S rpp am San Ramon, Calif. EVICTION NOTICE By virtue of a Writ of Possession, a copy of which is attached hereto, you are hereby ordered to vacate the premises described in said Writ at the date and time stated above. SHOULD YOU FAIL TO VACATE THE PREMISES WITHIN THE ALLOTTED TIME WILL IMMEDIATELY ENFORCE THE WRIT BY REMOVING YOU FROM THE PREMISES All personal property left upon the premises at the time of the eviction will be turned over to the plaintiff/landlord, who must return said personal property to you upon your payment of the reasonable cost incurred by the plaintiff/landlord in storing the property from the date of eviction to the date of payment. If the property is stored on the landlord's premises, the reasonable cost of storage is the fair rental value of the space necessary for the duration of storage. If you do not pay the reasonable storage cost within fifteen(15)days,the landlord may either sell your property at a public sale and keep from the proceeds of the sale the costs of storage and of the sale, or It the property Is valued at less than three hundred (300.00) dollars, the landlord may dispose of your property or retain it for his own use.. If you claim a right to possession of the premises accruing prior to the commencement of the unlawful detainer action,or claim to have been In possession on the date of filing of the unlawful detainer action and are not named in the attached writ, contact the Marshal's office set forth on this notice. RODGER L. DAVIS, MARSHAL Gated: �J '�`� �O Deputy Fowr.5=srr 12es EVICTION NOTICE 214-25 • ` ATTORNEY OR PARTY wn1+0UT AMRNEY Tan»*nd Ad*mw; TVAP"OME NQ: FOR AECOMER1_r_8 —Y —KA Recording mmated br and ratum to • - RCf t�F:.T M. ChrF5KY _ /yI 6 c/rylZt��Dop - pKI1'E. _ WYL01PD, CR Ivr'Y`>1 ATTORNEY FOR= dUOGMENT CRFOrrOR ASSR+NEE OF RECORO f MUNICIPAL COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA WALNUT CREEK-DANVILLE JUDICIAL DISTRICT 640 Ygnacio Valley Road, P. 0. Box 5128, Walnut Creek, Ca. 945% PLAINTIFF: a t.I H O,t..L. ER .� DEFENDANT r�(:�j.s;�';W ANE I Dti 4/5, 1• =L GSE NUMBER: J WRIT 0,15 't�t�6� {�0�1NEY1�t7DGMEN'ilil=1��.�.' ;Z1,' `;r '\� �-�, !. - POSSESSION OF Q Personal Property ran couwr use oar .Z,:] Real Property SALE F , -;o the Sheriff or any Marshal or Constable of the County of: �.•`C ON Ti . I 1 C-OST li y' r are directed to enforce the judgment described below with daily interest and C- your costs as provided by law. �- 2. To any registered process server:You are authorized to serve this writ only in accord with CCP 699.080 or 715.040. x •- 3. 0 Judgment creditor �]Assignee of record ' /name/' 1� .-..l� /.� .!•. _ ..:. .�'t.�•:. :r.,..-� ~. _ - 4. Judgment debtor (name and fast known address): l r� -, 1 9. ® Real or personal property to be delivered under a writ of posses-. s17,� h 1,1'�' �'1 h3 sion or sold under a writ of sale is described on reverse. I 10. Q This writ is issued on a sister-state judgment. 11, Tonal judgment . . . . . . . . . . . . 8 • 1 - '. 12. Coals after judgment (per filed Ordar or memo CCP 685.090) . 8 13. Subtotal (add 11 and 12). . . . . $ Q additional judgment debtors on reverse 14. Credits . . . .t: .!':.'. . . . . . . 8 5. Judgment entered on (dare): I; 6,k- ` / ' u 15. Subtotal (subtract 14 from 13I. 8 6. Q Judgment renewed on (dares/: 16. Interest after judgment Iper filed affidavit CCP 685.050) . . . . . . 8 7. Notice of sale under this writ 17. Fee for issuance of writ . . . . . 8 a. © has not been requested. IS. Total (add 15, 16, and 171 . . . . 8 b. Q has been requested (sea reverse). 19. Lavying officer.Add daily interest 8. Q Joint debtor information on reverse. from date of writ(at the legal rare on 15) of . . . . . . . . . . . . . . . . 8 0ZALl 20. Q The amounts called for in items 11-19 are different for.each debtor. These amounts are stated for each debtor on Attachment 20. ROY L. CHIMA Issued on AUG 1 , 10 ►�.�._.� r (data): Clark, by - :• " , pe ' putt (Continued on reversal Amm AppmwW br On 'r"e"o cookod or Cakfame WRIT OF EXECUTION LO-130 IRw,.Aft 1. 1"31 Cp 6".520 SHORT TITLE: items continued from front: 4' t{'`+ - 4. FAdditional judgment debtor (name and lest knownaddrsssl:.. 7. [] Notice of sale has been requested by (name and address): 8. Q Joint debtor was declared bound by the judgment ICCP 989-9941 a. on (date): - a. on /dere): b. name and address of pint debtor b6 name and address of joint debtor. c Q additional costs against certain joint debtors (itemize): + 9. ,� Judgment was entered for the following: . a. D Possession of personal property Q H delivery cannot be had, then for the value(itemize in 9e)specified in the judgment or supplemental order. b. Possession of real property Q Sale of personal property d. Sale of real property - - a Description of property: = 10 — NOTICE TO PERSON SERVED — V*t of execution or sale. Your rights and duties are indicated on the accompanying Notice of Levy. Writ of possession or personal propeRy. If the levying officer is not able to take custody of the property the levying officer will make a demand upon you for the property If custody is not obtained following demand, the judgment may be enforced as a money judgment for the value of the property specified in the judgment or in a supplements)order. Writ of possession of real property. K the premises are not vacated within five days after the date of service on an occupant or,if service is by posting,within five days after service on you,the levying officer wig place the judgment creditor in possession of the property.Personal property remaining on the premises will be sold or otherwise disposed of in accordance with CCP 1174 unless you or the owner of the property pays the judgment creditor the reasonable cost of storage and takes possession of the personal property not later tfan 15 days after the time the judgment creditor takes possession of the premises. aJ-rao IR.r r t.asst WRIT OF EXECUTION Av rAV I Al Npo -� 1; c� *� m Z Gm M Np C)tam i G G3 W C1Sa 1 p rt+v �"'1 Q ti �ay�.,j,-.�a� w. .- -•;tip-% (�p � cp N " n —11'J N m�•� .s \ -a R Z kV^ to VA 40 , o � n . n O 2 f° y4 .ICE,SENTENCE,COMMITMENT FORM DOCKET ANIDMINIIJITEi'" DOCKET No. � = DEFENDANT - - ! ' - r. .---. DEPT. - DATE -= % = i -TIME ADDRESS - =� ROC _: PROB _. __DEFENSE ATTORNEY TIME ` uNAIVEC CUSTODIAL STATUS .CHARGES - PROCEEDINGS MINUTES CERTIFIED CORREC' _ .. COURT DEPUT; 1" CLERK JUDGE - j�- -.:.i.• .. _!`. . :�.`.i_..__ — ---- ..... . .. REPORTER ...- ASSIGN. COURT DEPUTY TO DEPT. - ._ JUDG. REPORTER CLERK APPLICABLE ENTRIES MARKED B CMETITTMET.ToTM 9 ❑ Deft. present ❑Deft. not present 1 ❑ Answers true name as charged 1 ❑ Bench/Arrest Warrant to Issue `2 ❑ Deft.appears.with/by Ally. 2 ❑ Waives reading of Complaint Bail Set at $ .3`E;-Deft.appears with/by P. Def. 3 ❑ Handed copy of Complaint 2 C For A El Deputy Dist.Ally. 4 ❑ Handed copy of Discovery 3 El Recalled ❑Filed ❑Set Aside 5 ❑ Interpreter sworn 5 ❑ Defendant duly arraigned 4 ❑ Hold Until 8 ❑ C • E F • • r a • . • 1 ❑ Referred To: PUBLIC DEFENDER 1 ❑ Pleads Guilty,Ct it Dale T,me For .4 ❑ Referred To: PROBATION 2 ❑ Pleads Not Guilty,Ct w 1 ❑ - ❑R&S ❑Pre•Plea ❑Bail Study 3 SPleads No Contest, Found-Guilty—Ct p L ❑Diversion ❑Supplemental 4 Jury Trial Waived/Demanded 2 ❑ 3 ❑ Pub. Def.Conflict Filed;Court Appts.: 5 ❑ Time for Trial/Px/Sent•Waived/N-a Waived 6 [� Written plea of Guilty/No Contest. / 3 ❑ .4 El Ally accepts appt Form executed by Deft. & Filed Ct h_, 4 ❑ Vacate date of 5O 1 ❑Motion to/for 1 ❑Bail forfeited and continued 190 days for Dispo. 2 ❑Argued &Submitted []Submitted without argument. 2 ❑ Bail forfeiture set aside and reinstated. 3 ❑Granted []Denied ❑Taken Under Submission. 3 ❑ Disposition date of Vacated 4 ❑Complaint amended on its face to add Ct If 4 ❑ Bail forfeited and no further proceedings. a violation of section 5 r Bail exonerated ❑Excess bail exonerated 5 ❑The words felony & feloniously are striken & the word misdemeanor 6 ❑Summary Judgment entered against substituted in its place wherever it appears in Complaint. in the amount of$ Bond# •t3 ❑Deft.waives arraignment on amended complaint. 7 ❑Bail to apply to fine upon signed waiver by 7 ❑ .1 ❑Probation Reinstated/Modified: Original terms in 5 u PROBATION REVOKED: Defendant found in violation of probation full force and effect except as follows; 6 ❑ PROBATION/DIVERSION: Terminated ❑Sentenced to S fine days jail. 7 C CRIMINAL PROCEEDINGS REINSTATED/DISMISSED Drivers Lic. suspension; suspended & placed on probation. 8 ❑PROBATION REPORT/RECOMMENDATION FILED 3 ❑Original fine stayed to' Pay thru Prob. Dept. ,. ❑ J • r K • r 1 ❑pay a fine of$ + $ P.A. on Ct# 1 ❑ Be imprisoned hrsldays/months Ct k -2 ❑Pay a fine of$ + $ P.A. on Ct# 2 ❑ hrs/days/months,credit/suspended Ct# 3 ❑In lieu of fine be imprisoned at$ per day 3 ❑Sentence to commence 4 ❑Attend_ by ❑weekend dates and each consecutive weekend until served in ful. 5 ❑ Hrs.volunteer work with 4 ❑Serve consecutive/concurrent with f! ❑Proof shown dismiss Ct N 5 ❑Main Jail ❑Rehab. Center ❑Work Furlough recommended 7. ❑Per Court/DA dismiss,ComplainVCt.'# 6 ❑Work Alternative Program: report/complete by 8 ❑Judgment Suspended on Ct# 7 ❑Sentence commuted to time served. 9 C.FinelProof/Vol. work/Adm. fee due by t 8 ❑Commitment to Issue 10 DPeferred to CRU for Attorney Fee Costs of$ 11 ❑ Ll • • � 1 ❑REMANDED to County Jail, Bail set $ 5 ❑Committed to Custody of the Sheriff of Contra Costa County 2 ❑ORDERED RELEASED ❑On own OR El Promise to Appear filed until sentence is satisfied in full. 3 ❑ORDER TO PRODUCE issued. 6 ❑Penalty Assessment waived if fine satisfied in ( ll by imprisonment 4 ❑DEF.TO BE ALLOWED phone calls. 7 ❑ TO THE SHERIFF: COMMITMENT (Penal Code. Section 1213); 1 hereby certify that the following is a true copy of the entry of Judgmept or Order and is your authority for the execution thereof. G( SEE OTHER MINUTE PAGES 'fOR ADDITIONAL PROCEEDINGS DATED: FORM.214-326.(7.1j ___ ._ _— __ _..._ ___. _ _ _ _.(JUDGE OF THE MUNICIPAL COURTI - . .. MUNICIPAL COUPT.,C^UNTY OF CONTRA-COSTA, STVIE CALIFORNIA �1 ❑ Bt-Ul. : ,_ ❑ DELTA LJ 1VIT. DIABLO ❑ WALNUT CREEK - DANVILLE JUDICIAL DISTRICT PROBATION ORDER,COMMITMENT FORM ORDIER.OF PROBATION-' SUPPLEMENTAL ' DEFENDANT ' 7 DOCKET NO. ; l The above named defendant halting heretofore been convicted in h Court of the offense(s)of violation of: Section(s)El23152 ❑with priors) they. IT IS ORDERED: That time for❑imposition❑execution of s Ate a be suspended during period df probation with the following terms and conditions: TERMS OF PROBATION (APPLICABLE ITEMS CHECKED): 16. ❑Not use or possess any dangerous drugs,narcotics,or narcotic para- 1. ❑FORMAL PROBATION.GRANTED(Report considered and filed):Place phernalia without prescription. under care and supervision of the Probation Officer for a period of 17. ❑Not have a checking account nor have any checks in possession or y years from the date of this order. control except checks payable to you. 2. COURT PROBATION GRANTED: Conditional and revocable release in 18. ❑Not have any charge accounts,nor have any credit cards in your pos- he community without Probation Department superafgioP q*ept as session,control or custody. specified�by he Court for a period of ` ( 19. El Do not own or have possession or control of any firearm or weapon. monthRyears om the date of this order. 20. ElWeapon ordered:Oconfiscated0destroyea0returnedto 3. ❑PROBA KEW'as granted on MODIFIED. Original terms in full force and effect except as amended. 21. ❑Do not annoy.harrass.or threaten 4. ❑REVIEW DATE: ❑Defenaant must appear in Court. 1 22. ❑Have no contact with ❑Defendant need not appear unless directed by Probation PROGRAM TERMS JAIL/FINE/RESTITUTION 7Z Attenc and complete the First Offender Drinking Cimno Piooi sr 5 ❑BE IMPRISONED in the County J311 for hours/days/months I ❑Level 1 (DUI) ❑Level 2 LAIRS) _ commencing ❑ Commitment to 1ss a 24. ❑Report to Pcst Conviction Drink)nq Driver s Program within 10 dayb and ❑ hrs%days/months.credit:suspendeo Ct comply with its rules and fee requirements. (Take completed DL iO3 ❑Serve consecutive/concurrent with I form to DMV within 30 days.) ❑Report to Main Jail.Martinez 1 25. ❑Participate in ❑ outpatient ❑ residential program as prescribes 1.„ ❑Contact Work Alternative program within 3C days. the Probation Officer and not leave or terminate program Without per- Report to Marsh Creek Detention Facility,Clayton. I mission. ❑Report to Work Furlough Center,Richmond. i 26. ❑Perform hours of volunteer community service. ❑Other: I ❑As directed by the Probation Officer. 5. ❑PAY FINE:S + S assessment i ❑In lieu of fine - S RF f S CTCF ! ❑Show proof of completion to Court by 27. ❑Other: ❑Suspend payment of S DRIVING TERMS ❑Pay to Probation Officer as&ected. 28. ❑Driving privilege restricted for days;mos,'yrs to and from ❑Make payments direct to County Probation Dept.by place of employment, in scope of employment; to anu from treatment ❑Pay to Clerk of Court by program. ❑Other I ❑Other: 7. ❑MAKE RESTITUTION OF$ to 29. ❑Driving privilege suspendetl/revoked for days/mos.-yrs. ❑at rate of S per month. 30. ❑Driver's license to be surrendered to the court forthwith. 8. ❑MAKE RESTITUTION as determined by the Probation Officer. I 31. ❑Not drive a motor vehicle unless properly ilcensed. ❑Pay restitution through Probation Officer as directed. 32. ❑Maintain ability to respond to damaces(per 16020 CVC). ❑Show proof of restitution to Court by 33. ❑Not drive vehicle with measurable alcohol in blood. ❑Other: 34. ❑If arrested for a violation of 23152 or 23153 CVC.not refuse a chemical OTHER TERMS test for the detection of alcohol. 9. ' STANDARD TERMS (see reverse for standard terms and additional VEHICLE IMPOUNDMENT TERMS -nstructions) 35. ❑The defendants vehicle be impounded for 10. Abstain from the use of alcoholic beverages. ; ❑As directed by the Probation Department. 11. ❑Not go to places where alcoholic beverages are the chief item of sale. ❑Present proof of impoundment to Court by 12. ❑Submit to drug/alcohol use detection tests as directed by Probation 36. ❑Vehicle is not ordered impounded because: Officer or by any peace officer. ❑Defendant is not the registered owner of the vehicle. 13. ❑Take antabuse as prescribed by physician. ❑Loss of employment by defendant or family. 14. ❑Submit your person, place of residence or any vehicle under your ❑Impairs school attendance or medical care. control to search and seizure at any time of day or night, with or ❑Loss of vehicle for inability to pay impound fees. without warrant,to any peace officer. I ❑Infringement on community property rights. 15. .❑Register pursuant to Section❑29OPC ❑ 11590 H& S. ❑Other(per 23195(b)EVC):_ D.`Z]ADDITIONAL CONDITIONS f� ` ` -- C `✓ �' TO THE SHERIFF: COMMITMENT(PENAL CODE SECTION 1213)1 HEREBY CERTIFY THAT THE FOREGOING IS A TRUE COPY OF•TH ENTRY OF JUDGM NT OR ORDER AND IS YOUR AUTHORII FOR THE EXECUTION THEREOF. DATED: C // (JUDGE OF THE AICIPAL COURX 1 HAVE READ AND REC D A COPY OF THESE CONDITIONS OF PROBATION AND 1 UNDERSTAND AND AGREE TO PERFORM THEM qND UNDERSTAND THATI FAIL TO C O.,YY PROBATION MAY BE REVOKED AND I MAY B NTEtftCED TO.TAIL.OR SENTENCED AS OTHERWISE PROVIDED BY LAW. �J� j % 'J �f -I �, SOCIAL SECURITY X�l .,DE9qNDANrS SGNATURC ADDRESE,CrrY PHONE DATE OF BIRTH CM APPLICATION TD FILE LATE CLAI! BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT February 10, 1987 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: WILLIE EARL BAKER County Counsel P. O. Box 600 Attorney: D-43842 JAN 2 (; 1987 Tracy, CA 95376 Address: Martinez, CA 94553 Amount: Unspecified By delivery to Clerk on January 16, 1987 Date Received: January 16, 1987 By mail, postmarked on not legible I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application t F' e//Late Claim. DATID: 1-26-87 PHIL BATCHELOR, Clerk, By ' 1`►` Deputy L. a II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). %) The Board should deny this Application to File Late Claim (Section 911.6). DATIDOt,&�, /ft2�ICTOR WESTMAN, County Counsel, B � III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (Y) 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: FEB 10 1987 PHIL BATCHELOR, Clerk, BDeputy WARNING (Gov. Code §911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof. has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: 1 14A� PHIL BATCHELOR, Clerk, By 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 1. WILLIE Fh RL BAKER ?, DEUEL VOCATIONAL INSTITUTION . RECEN POST OFFICE BOX 600 EO +. TRACY,CALI FORN IA.9 5376 -. "'�49 7 A} 3. i. IN THE MATTER OF THE APPLICATION FOR PERMISSION TO FILE LATE CLAIM OF ; ). WILLIE EARL BAKER, CIVIL CASE NO: 292952 Claimant, L• VS. '. CITY OF RICHT O;dD, EARiIF'.ST R.CI.-�XETS,CHEIF OF POLICE: JOEL POLICE OFFICER: Defendants, i. 1. WILLIE :ARL BAKER, CLAIMANT, HEREBY APPLIES TO THE CONTRA COSTA COUNTY, �. BOARD OF SUPERVISORS, FOR LEAVE TO PRESENT A CLAIM AGAINST SAID CITY OF 1. RICHMOND, EARNEST R.CLEMETS,CHEIF OF POLICE, AND JOEL HENNESSY,POLICE OFFICER, 3. PURSUANT TO SECTION�911.4 OF THE CALIFORNIA GOVERNMENT CODE, 9. 2. THE CAUSE OF ACTION OF WILLIE EARL BAKER} CLAIMANT, AS SET FORTH IN HIS PROPOSED J. CLAIM ATTACHED HERETO, ACCRUED ON JANUARY 99198 A PERIOD WITHIN ONE YEAR FROM 1. THE FILING OF THIS APPLICATION. 2. 3. WILLIE EARL BAKER, CLAIMANT, REASONS FOR THE DELAY IN PRESENTING HIS CLAIM AGAINST 3. THE CITY OF RICHMOND, EARNEST R.CLEMETS, CHEIF OF POLICE, AND JOEL HENNESSY, POLICE 4. OFFICER, IS AS FOLLOWS: 5. (a) I AM INCARCERATED. 6. (b) I AM A LAYMAN OF THE LAW AND TRULY DO NOT KNOW HOW TO PROPERLY PURSUE 1. MY CIA IM. B. (c) I AM A INDIGENT PERSON TOTALLY WITHOUT THE FINANCIAL MEANS TO HIRE 1. gCOUNSEL TO ASSIST ME IN THE FILING AND PRESENTATION.OF MY CLAIM. (d) MY FAIIURE TO PRESENT MY CLADI TO THE CLERK, OF THE CITY 6F RICHMOND, ;. WITHIN THE 100-DAY PERIOD WAS BECAUSE I THOUGHT THAT THE CLERK, OF THE 4. BOARD OF SUbERVISORS9 OF CONTRA COSTA ,COUNTY IN MARTINEZ9 CALIFORNIA WAS 5. THE CLERKS I WAS SUPPOSE TO FILE MY CLAIM WITH WITHIN THE 100-DAY PERIODS E;. AND AFTER RECEIVING THE ATTACHED [NOTICE TO CLAIMANT] BOARD ACTION DATED 7. AUGUST 26,1986, I THOUGHT ALL REQUIREMENTS HAD BEEN MET, AND I HAD SIX MONTHS F, FROM THE DATE OF THE NOTICE TO FILE COURT ACTIONS. 9. ON OR ABOUT OCTOBER 14,1986, I MAIL,,D TWO COPIES OF MY CLAIM BY UNITED STATES POSTAL SERVICES FIRST CLASS MAIL TO THE COUNTY CLERK OF RICHMOND, AND ONE COPY 1, EACH TO EAWI EAST R.CLa"E S,CHEIF OF POLICEt AND JOEL HENNESSY, POLICE OFFICER. �. 1 wAS ICTALLY UNAWARE THAT I HAD NOT PROPERLY SERVED A COPY OF MY CLAIM 3. AND WMMONS ON THE CITY OF RICHMOND9 CITY CLERK, AND A LIEUTENANT FREITASy OF 4. THE RICHMOND POLICE DEPARTMENT UNTIL I RECEIVED A LETTER FROM THE ATTORNEY 5. REFRESE1TI G THE DEFENDANTS DATED DECEMBER 5,1986. (ATTACHED) 6. IN VIE74 OF THE FACT THAT I AM INCARCERATED, A LAYMAN OF THE IAWI AND A INDIGENT 7. PERSON, I SINCERELY REQUEST PE'FC41SSION TO FIL A LATE CLAIM. 8. I DECLARE UNDER PENALTY OF PERJURY THAT THE STATEMENTS MADE HEREINq ARE 9. TRUE AND CORRECT. 0. 1. 2, DATED: JANUARY 9,1987 AT TRACY, CALIFORNIA. 3. i 4• ; WILLIE EARL BAKER CLAIMANT 5• I, 00 Z rn 0 C) I-A t2l 0 t7l L > 0 r i 10 t-4 vo 0 a CL"0 > t-4 M I.- � L4 ti C) a 0 O —Z" > 0 D) z 71 Z P21 M 0 D) 0 10 Z > w 0 :z En m H P<> 0 > IT; 0 4 0 W. r4 w > m Z < 0 . 0 t"4 -n Cl) TIP c rl0 L4 0 m rxj t;j > g. "I4 m 0 9 H. 0 0 ftl ct.n �o M < z rl rt m rjl 0 0 "1 U) 0 r- Cl) 0 m 0 0 o c O z ct 'o 0 < 0 z 0 fNi r I ZN; WILLIE EARL BAKER Nbne 901, ;'Ourt='Stroet, . Martinez; 1& 94553 111riEY FOn Maine) L E _ E OF COURT JUDICIAL DIS7111r:I 011 a11A1ir.11 r:r111111 11 AIIV Superior Court OfCalifornia, County Of Contra Costa. OCT 2 8 1986 725 Court Street' P.O.Boa 911 Martinez fa_..9053 II11FF Willie Earl Baker �A rIDA1IT City Of_ Richaonfi,Earnest R.Clement. Joel Hennessy. ORDER-ON APPLICATION FOR WAIVER C,aSEMILIDEn . OF COURT FEES AND COSTS 292952 1. The application was filed a. on (dale): October 14,1986 b. by(name): WILLIE EARL BAKER, 2. U IT IS ORDERED THAT the appllcallon Is granted arid file appllcalsl is permltted to proceed In tills action as follows: a. U without payment of any cotnt lees or costs listed In rite 985(i). Calilotnia liules of Court. b. C-1 wilhoul payment of any court fees or casts listed III rule 985(1), Califolnia !toles of Court, except file lollowiny v c. (J wilhoul paymeiii of Ilse lullowlncl court Hees uI casts (specify) d. The reasons for denial of airy requested waive) sic(specify): . e. r---] lite clerk of the collet is directed to )hall a copy of this order to the applicaiil's attorney, it any, or to the applicant it unteplesented 1. (7 All unpaid lees and costs span be deemed to be IAlraI1le casts it applicant is entitled to costs and shall be a lien on any judgment recovered by the applicant and shall be paid to the clerk upon such recovery. 3. IT IS ORDERED THAT the application is dented lot the following teasons (specify): l a. The applicant must pay any fees. and costs due In this action within ten days from the date of service of this order or any paper filed by the applicant wills file clerk will be of no effect. b. The clerk of the court is directed to snail a copy of this order to all parties who have appeared In this action. 4. CJ IT IS ORDERED THAT a hearing be held. a. The substantial evidentiary conflict to be resolved by (tie hearing is(specify): b. Applicant should be present it the heating Its he held hearing dale: lune: in ( Dep(.: I Div.: Lj Rm.: address of courl: - e. The clerk of the court Is directed fo mail a copy of Ihis order to the applicant ons Dated: . . . . . . . . . . . . . . . � 'h (Clerk's certification on page 2) (stye or Judge)� Form Adopted by RuM 981 ORDER ON APPLICATInN FOR WAIVER Judleial couneM of V Cat)1oipOF CQUnT FEES AND CCSTS Govt Code Revised etteetiv idly I.Isat (INF 4MA PAUPEnM aastl.a . t 4 iw( oNL•r Qu.PAR.Y WITHOUT ATTORNEY(:4AME .D ADDRESS): TELEN FOR COURT USE ONLY Willie E.. Baker Ka{,Asha T. Baker None 901. Court StrRet, & 3100 Shame Drive Apt.# A. Martinez Ca 94553 Richmond Ca 94806 ATTORNEY FOR(NAME). In Propria Persona: Insert n;I•I•#+,t;ours,judicial district or branch court,if any,and post office and street address: SUPERIOR COURT, COUNTY OF CONTRA COSTA 725 COURT STREET I L E P.O. BOX 911 MARTINEZ, 'CA 94553 OCT 2 8 '1986 PLAINTIFF: I R. OLSM, COU* WK Willie Earl Baker Comm CMA Katosha T. Baker DEFENDANT: City Of Richmond:- Earnest-' R. ichmond:Earnest-' R. Clements, Chief Of Police; Joel Hennessy, Police Officers SUMMONS ISSUED Q DOES t TO CASE NUMBER- COMPLAINT—Personal Injury, Property Damage, Wrongful Death Q MOTOR VEHICLE [X]OTHER(specify):Mental Stress,and Duress L--]Property Damage Q Wrongful Death . 292-952 [)Personal Injury ) Other Damages(specify): General Damage i. I tus ;dead+ng, including attachments and exhibits, consists of the following number of pages: 2 a ca,-t, plaintiff named above is a competent adult [X—.1 Except plaintiff(name): Katosha T. .Baker =a corporation qualified to do business in California Q an unincorporated entity(describe): ( 1 a public entity(describe): Police Department LXJ m1nor ®an adult (� for whom a guardian or conservator of the estate.or a guardian ad litem has been appointed Q other(specify): Q other(specify): []Except plaintiff(name): []a corporation qualified to do business in California [:Jan unincorporated entity(describe): Qa public entity(describe): Qa minor =an aduu Q for whom a guardian or conservator of the estate or a guardian ad litem has been appointed Q other(specify): Q other(specify): b. Q Plaintiff(name): Is doing business under the fictitious name of(specify): and has`complied with!tib fictitious business name laws. c. [_] Information about addiiiorial plaintifflt who are not competent adults is shown in Complaint- 414chment 2c. (Continued) ---ter- Forml�AiMNP intbr the JUNCI�v^LGsh�Ect ; t 2 COMK— AINT—Personal Injury, Prop Damage, -lul Di CCP 125.12 £.' PERSONAL INJURY HURT' T 11'LE: . CASE NUMILEF 3 COMPLAINT—Personal Injury, Property Damage,Wrongful Death Pape two 3. a. Each defendant named above is a natural person Q Except defendant(name): City Of Richmond 0 Except defendant(name): 0 a business organization, form unknown 0 a business organization, form unknown a corporation 0 a corporation an unincorporated entity(describe): an unincorporated entity(describe): Q a public entity(describe):Pollee Department 0 a public entity(describe): Q other(specify): Q other(specifl). Except defendant(name): Except defendant(name): Q a business organization, form unknown =a business organization, form unknown a corporation =a corporation an unincorporated entity(describe): =an unin:orporated entity(describe): Q a public entity(describe): 0 a public entity(describe): other(specify): Q other(specify): b The true names and capacities of defendants sued as Does are unknown to plaintiff. c Information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d (] Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): 4. LED Plaintiff is required to comply with a claims statute, and a. plaintiff has complied with applicable claims statutes, or b. [] plaintiff is excused from complying because(specify): 5. This court is the proper court becausre [] at least one defendant now resides in its jurisdictional area. a] the principal place of business of a corporation or unincorporated association is in its juris6ictional area. C injury to person or damage ; personal property occurred in its jurisdictional area. [] Other(specify): 6. © The following paragraphs bf this Gomplaint are alleged on information and belief(specify paragraph numbers): 2;3,4;5;6,8210,11. (Continued) Pepe two SHOAT YtTLiERSDNAL INJLRY'' CASE NUMBER 292952 COMPLAINT—Personal Injury, Property Damage, Wrongful Death (Continued) Page three 7. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are 0 listed in Complaint—Attachment 7 0 as follows: B. Plaintiff has suffered ®wage loss loss of use of property hospital and medical expenses ®general damage property damage =loss of earning capacity Q other damage(specify)-Emotional,and:-Nental stress, and undue Duress. 9 Relief sought in this complaint is within the jurisdiction of this court. 10 PLAINTIFF PRAYS For judgment for costs of suit, for such relief as is fair, just, and equitable; and for compensatory damages 15< (Superior Court) according to proof. �_- (Municipal and Judice Court) in the amount of S..?,b__Ilion 0 other(specify). 11. The following causes of action are attached and the statements above apply to each: (Each complaint must have one or more causes of action attached.) =Motor Vehicle QL_)General Negligence ]Intentional Tort Products Liability Premises Liability • 0 Other(specify): e-� � . Willis garl Baker .:m Hart (Tf�or: ae! (Signature.of pfaintiM or Attorney) COM4*v1or-Personal Injury, Property,Dsmp, Page three a+r'° 't'ticaa'a► Wrongful Death (Continued) CCP 425 12 HULL 982.1 (SHORT TITLE CASE NUMBER PERSONAL INJURY ' 292952 CAUSE OF ACTION—General Negligence Page--- (number) ATTACHMENT TO QComplaint =Cross-Complaint. (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff(name):Wi.11ie Earl Baker,. &'Katosha T. .Bkker alleges that defendant(name): City Of 'Richmond, Earnest R.. Clementa;Chief Of Police,. and Joel'_H6nness7,, Police Officer. =Does __. was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(date) July 14.1986 at(place) 100 - 3-7th Street-,.Richmond CalifOrrda 94805. (description of reasons for liability) On July 14,M6,. while being transported to the Contra Costa County Detention Facility. Officer Joel Hennessy, (555) of the Richmond. Police Department was irresponsible and negligent in assuring my safety to the Detention Facility. Officer Joel Hennessy, was irresponsible and negligent in transporting ate along with other iamatea to the Contra Costa County Detention Facility, by not securing his vehicle in the Special looked pen outside of the Court building. His actions enticed another innate passenger is the vehicle, whom the Richmond Police Department had no knowledge nor identity of this iAmte,. th.-attempt and succeed iii [Escaping] freer lawful custody while handcuffed to me and causing me to suffer cuts, bruises, and abrasions on my knees and elbows and resulting in a [Escape] from lawful custody charges, pursuant to Penal Code Section 4532 (b), and causing further Duress,. b.T keep- ing me iii custody on this charge, and violating Penal Code Section 825, by not taking me before a magistrate within 48 hours and not filing the complaint of alleged escape until 31 days later. Gfficer Joel .Hennessy did not follow the rules and regulations governing the Richmond Police Department transporting procedures assuring my safety from the alleged custody of the Richmond Police Department to the custody of the Contra Costa County Sheriff Department. refim Waved by the Judicial Council of California EMeetHe JanuHry 1. 194' Aa%,T10N--General N"lleence CCP a2S12 ' 1 Office of the. :RIFF OF POLICE RZ aim September 29, 1986 Mr. Willie Earl Baker 901 Court St. Martinez, CA 94553 This is to inform you that the Internal Affairs Division of the Richmond Police Department has thoroughly investigated the complaint you filed on August 28, 1986, alleging neglect of duty on the part of one of our officers. In your complaint you alleged that through the negligence of our officer performing his duty you were injured and .charged with escaping from lawful custody. All witnesses have been interviewed and evidence weighed and this complaint has been cleared as "substantiated", which means the investigation has determined that there was a foundation to establish some truth to the accusation. Thank you for bringing this matter to our attention. Should you have any further questions, please feel free to call the Internal Affairs Division at 620-6664 during normal business hours. r EARNEST R. CCLZ�� CHIEF OF POLICE ERC-JP:dm 401 -27th Street Richmond California 94804 telephone: 415 620-6655 ' CLAIM BOARD OF SUPER41SORS OF CONTRA COSTA COUNTY, CALIF. .AIA BOARD ACTION laim Against the County, or District governed by) he Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Augu s t 26, 1986 nd Board Action. All Section references are to ) The copy of this document mailed to you is your alifornia Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), ;mount: Unspecified given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". County COUnwt CLAIMANT: WILLIE EARL BAKER 901 Court Street AUG U V1986 ATTORNEY: Martinez , CA 94553 Moo inet, CA 94 ADDRESS: Date received BY DELIVERY TO CLERK ON: July 31, 1986 transmittal BY MAIL POSTMARKED: none FROM, Cl•rk of the Roerd of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK 011/6�Z&�Oe DATED: August 1 , 1986 BY: Deputy a L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (�<L This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: E-Z. By: L4 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). 1V. BOARD ORDER: By unanimous vote of the Supervisors present (x) This Claim is rejected in full, i ( ) Other: I certify that this is a true and correct copy of the Board's Order enteredinits minutes for this date. Dated: AUG 2 61986 PHIL BATCHELOR, Clerk, By iCx Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally'terved or deposited in the mail to fil@ a court ILetion 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 in attorney, you should do so immediately. ctl Claimant County f;nrinsel 'ounty Administrator AUSTIN R. GIBBONS'" GIBBONS, LEES, SCHAEFER & EDRINGTON JOHN LEES ATTORNEYS AT LAW EDWARD N SCHAEFER PETER P. EDRINGTON GATEWAY CENTRE BUILDING DOROTHY L. BARTH A. BYRNE CONLEY 1850 MT.DIABLO BOULEVARD, SUITE 200 DOLORES M. DONOHOE WALNUT CREEK. CALIFORNIA 94596 . TERESA L. POLK JAMES A. ALEXANDER (415) 932-3600 GREGORY M. BURR ALAN J.WILHELMY IRMAN A.00.I RMER HEFRANCK V December 5 , 1986 GARY L. SHERRER Mr . Willie E . Baker Inmate No. CDC-D43842 c/o California Medical Facility of Vacaville; California Department of Corrections P .O. Box 2000 Vacaville, CA 95696-2000 Re : Baker v . City of Richmond Dear Mr . Baker : This firm has been retained to represent the named defendants in the lawsuit that you filed acting as your own attorney in the Contra Costa Superior Court . From the information we have developed, it appears that you have failed to comply with the governmental claims statutes as no claim was ever timely filed with the City of Richmond . There are procedures for filing late claims . See Government Code Section 900 et seq . Additionally, it appears that there has been no proper service of the summons andcomplaint upon the list of defendants . Please be informed that the agent authorized to accept service on behalf of the City of Richmond is the City Clerk and all matters to be served on any police department personnel may be served upon Lieutenant Freitas at the Richmond Police Department . No further action will be taken on your lawsuit pending proper service of the summons and complaint . Very truly yours , GIBBONS, LEES, SCHAEFER & EDRINGTO ; GARY L HERRER ' GLS/de 1380D MUNICIPAL COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA BAY JUDICIAL DISTRICT DA NO. 233734 No. THE PEOPLE OF THE STATE OF CALIFORNIA, 60,5-78 7—/ CRIMINAL COMPLAINT V. (Felony) 1 . PC 4532(b) WILLIE EARL BAKER and ROBERT W. SMITH, Defendant(s) . / The undersigned states , on information and belief that WILLIE EARL, BAKER and ROBERT W. SMITH, Defendant(s) , did commit a felony, to wit, violation of CALIFORNIA PENAL CODE SECTION 4532(b) (Escape from Custody) , as follows , to wit: On or about July 14 , 1986 , at Richmond, in .Contra Costa County, the Defendants , WILLIE EARL BAKER and ROBERT W. SMITH, who had been arrested and booked for, charged with, and convicted of a felony in the Richmond City Jail, did wilfully, unlawfully and feloniously escape and attempt to escape from lawful custody of Joel Hennessy, a peace officer. PRIOR PRISON CONVICTIONS It is furthera ege , pursuant to Penal Code Section 667 .5(b) , that on .or about March 13 , 1980 , in. the Superior Court of the State of California, in and for the County of Contra Costa, the Defendant, WILLIE EARL BAKER, was convicted of the crime of Burglary, a felony; served for said offense a prior prison term as defined in Penal Code Section 667. 5 ; and did not remain free of both prison custody and the commission of an offense which resulted in a felony conviction for a period of five years . It is further alleged, pursuant to Penal Code Section 667.5(b) , that on or about December 13 , 1984 , in the Superior Court of the State of California, in and for the County of Los Angeles , the Defendant, ROBERT W. SMITH, was convicted of the crime of Burglary . - Second Degree , a felony; served for said offense a prior prison term as defined in Penal Code Section 667. 5 ; and did not remain free. of both prison custody and the commission of an offense which resulted in a felony conviction for a period of five years . COMPLAINT RE : -2- No. WILLIE EARL BAKER and ROBERT W. SMITH 70 7— / It is further alleged, pursuant to Penal Code Section 667 .5(b) , that on or about January 7, 1982 , in the Superior Court of the State of California, in and for the County of Los Angeles , the Defendant, ROBERT W. SMITH, was convicted of the crime of Robbery . with Use of a Firearm, a felony; served for said offense a prior prison term as defined in Penal Code Section 667 .5 ; and did not remain free of both prison custody and the commission of an offense which resulted in a felony conviction for a period of five years . It is further alleged, pursuant to Penal Code Section 667.5(b) , that on or about January 18, 1978 , in the Superior Court of the State of California, in and for the County of Los Angeles , the Defendant , ROBERT W. SMITH, was convicted of the crime of Burglary . - Second Degree , a felony; served for said offense a prior prison term as defined in Penal Code Section 667 . 5 ; and did not remain free of both prison custody and the commission of an offense which resulted in a felony conviction for a period of five years . Complainant requests that Defendant(s) be dealt with according to law. I declare under penalty of perjury that the foregoing is true and correct . DATED: August 13 , 1956 at Richmond, Cali ornia n �ICH�RD CLARY: omp ai.nan THOMAS OMERO kvb Deputy District Attorney RPD Agency Filed AUG 13 •z,66 By G. S.4LAIAR eputyDClerk F SENDER: Compm'V mt 1.2.3 ted 4. 410 SENDER: ContPIM items 1.2.3 w44.:.',.• t Pull Your address in"-RETURN TO"space on the � Put your address in etre"RETURFailure revorst side,Failure to do this will prevent this card 1ro!n reverse ales.Failure to do this will prven et this card from ? being murnod•to you.Thor ...r�iAt fes slit provide W being returnW to you.The raw "I,rat! f fes rr{ii prpv-y¢! fyou thef"WTW of the dM1vored to and the data of W ou*4 nam!of"itson dslivored to and the data of i 001very.For Iddltio"f the following services are w delivery.For ldditional fees the olbwNq M^ices a'a available.Consult postmaster for fesan s d check box lea) available-Consult poasntwm for fees and check boxlas ) fewearvice(s)fewooted. tw se.viee(sl r*utausKad 1. ❑ Show 10 whom.date and address of deilvary. 1. ❑ Show to ivhorn,data and address of delivery. 2. ❑ Rasirictad Delivery, 2. ❑ Restricted Delivery.' 3. Article Addressed to: 3. Article �}°� G ac71! t Cr W of f R.f7 G%'�/c�v*�'�� ,,ss�� r l Jar C tit.ryr�'�d f71�l9 /� sof a7 `i ,�- ,�; ' � el r � ere*Z40,V 0� G/9 ' 9ya'`o'� } A. Type of Service: Ellicle Number t 4. Type of Service: Article Number Registered Itqured / ❑ Registered ❑ Insured Certified i U COD 7-T �`�'� "lei Cortiffi e mil ❑COD y7-S7 Express Mai Express Always obtain Signature of addressee 2Lagent and Aiways obtain signature of addressall9LOglInt and DATE_DELIVERED. DATE DELIVERED. 5. Signature-Addressee 5, Signature-Adclrassee X g x 6. Siure-Agent m 5. Signature-Agent 1 7. Data of Del r 7. Date of Daiiw►rin DEC 8. Addr s Adm jONt NpQtlen� 1 = 8. Addressae'a Address( N ! t +rt SENDER: CompMle 1.2.3 and 4. $ Out Your address in"%a"RETURN TO"space on the 3 reverse side.Failure to do this will prevent this card from being returnW to you.TM r*tY11f raeeMt fee will Provide .ryou the name of On gg=delivered to and the date of :4 delivery.For additionei falls the following services are available.Consult posbnaster for foes and check boxies) for eervk e(s)roquastad, r ' t. D.Show to whom.este and address of delivery. W 2. ❑ Restricted Delivery. 3..Articletdclor / R7 . ow Grp 'Ce,A#4e W�Lhc�t Chct.�°r Cr9 q y S P!' 4. Type of Service: Article Numbs Registered hris d ❑-Insured .1 pSd Y/-.;r U Express Mail Always obtain signatom of addressee gagent and DATE DELIVERED. S. Signature-Addnipae 6. Signature-Agent �! X 7. Det*of Deiivery ' S. Addr/we 11 Address XWe—dad- feepaidl e 4 'Ala~� NAME Ldt 1`- t k \\I \ pATE 1 t ADDRESS ❑ PLEASE LABEL j BROOKSIDE HOSPITAL PHARMACY ": 1)- DEA NO AB 1365065 - West Conua Costa Nosp,tal OrstnCt ADDRESS SAN PABLO.CALIFORNIA ' Phone 235 7CDO DEA No ;11%01'\ Richmarld Rh—o Sy Meal TOO OF 00, 48 7/14/SG 05:25:::7 F'h1i4; I•'i TEPMINAL i.EC2 - t ?/14/BG 05:2'5: 11 ()1 RHII XV h! . T0: RICHMOND P . II .:::Eii IGt1 F ARGLE`3 JAIL----1,DOI; I i 4 G mSrj i010, 1111 1 CAL IFORu IA HEPAR T hENT OF CORRECTIONS �:"Y.T : !"�ULU117C7`T7.7717[>ti�lS.l::�F1UL11�><its:ic>ti�xt;;.������IiULD ;?:��>Lf��k�t���HC1LU ;ML : BAKER , WILLIE EARL C11Ct. : C-13604 SC : H/BLA PLK/BI:O 51 v 0 I10I; : 11/17/57 -! i3 I3 AUTHOR IZAT IOt' TO TRANSPORT ANI, HOLII PER 3I►5G PC . 4OL:I PZNI1Ii4rCOtlyrICT PROM '-Al-:CAE AGENT . E- INOPTIMORE, CHIEF Ill/WARRANTS UNIT 91G 445 G713. ft iACTED by: BATEMAN #412 PHONE 0415-620GOO �} Mi It ;f ' ltURGLARY i APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA' COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT February 10 , 1987 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 NWARNING" below. County Cou,-IS0,1 Claimant: WILLIE EARL BAKER Deuel Vocational Institution JAIN 1 (i 1997 Attorney: . P. O. Box 600 Tracy, CA 95376 Martinez, CA 945531 Address: Amount: Unspecified By delivery to Clerk on January 12 , 1987 Date Received: By mail, postmarked on January 9 , 1987 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: 1-15-87 PHIL BATCHELOR, Clerk, By //- - Deputy 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). (�) The Board should deny this Application to File Late Claim (Section 911.6). DATED: n- d�2g / 9jjCTOR WESTMAN, County Counsel 4Aa -4 ---�- eputy 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). YV I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: FEB 10 1987 PHIL BATCHELOR, Clerk, By Deputy 'Lora WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for .an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the oourt 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 i®ediatel . 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: FF B 11 1987 PHIL BATCHELOR, Clerk, By Y �-� Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM ,, t i. �'ILLTE PARI, BAKFR GOUnky coU�Sel >. DEUEL VOCATIONAL INSTITUTIONe, �`�37 N ;. POST OFFICE BOX 600 �aN 0A,94553 r '1�, Q Ma ;nez, i. TRACY,CALIFOH:JIh•95376 J 1. IR THE MATTER OF THE APPLICATION FOR PMTISSION TO FILE LATE CLAIM OF ; 9. 3. WILLIE EARL, 8�.:�ER, CIVIL CASE NO: 292952 Claimant, 1. VS. 2. CITY OF RICHIOND, EARNEST R.CLQ'R—?S,CHEIF OF POLICE: 3. JOEI. HENNESSY,POLICE OFFICER: Defendants, 4. 5. 1. WILLIE SARL BAKER, CLAIMANT, HEREBY APPLIES TO THE CONTRA COSTA COUNTY, BOARD OF SUPERVISORS, FOR LEAVE TO PRESENT A CLA RI AGAINST SAID CITY OF 7. RICIDICND, EARNEST R.CLEMETS,CHEIF OF POLICE, AND JOEL HENNESSY,POLICE OFFICER, B. PURSUANT TO SECTION 911.4 OF THE CALIFORNIA GOVERNMENT CODE. 9. 2. THE CAUSE OF ACTION OF WILLIE EARL BAKER, CLAIMANT, AS SET FORTH IN HIS PROPOSED 0. CLAIM ATTACHED HERETO, ACCRUED ON JANUARY 9,1987 A PERIOD WITHIN ONE YEAR FROM THE FILING OF THIS APPLICATION. 3. WILLIE EARL BAKER, CLAIMANT, REASONS FOR THE DELAY IN PRESENTING HIS CLAIM AGAINST THE CITY OF RICHMOND, EARNEST R.CL9. E?S, CHEIF OF POLICES AND JOEL HENNESSY, POLICE OFFICER, IS AS FOLLOWS: (a) I ANI INCARCERATED. (b) I AM A LAYMAN OF THE LAW AND TRULY DO NOT KNOW HOW TO PROPERLY PURSUE 7• MY CIA IM. S• (c) I AM A INDIGENT PERSON TOTALLY WITHOUT THE FINANCIAL MEANS TO HIRE i. „COUNSEI. TO ASSIST ME IN THE FILING AND PRESENTATION OF MY CLAIM. 2. (d) MY FAILURE TC PRESENT MY CLAIM TO THE CLERK, OF THE CITY OF RICHMOND, WITHIN THE 100-DAY PERIOD WAS BECAUSE I THOUGHT THAT THE CLERKt OF THE ,. BOARD OF SUPERVISORS9 OF CONTRA COSTA COUNTY IN MARTINEZ9 CALIFORNIA WAS ;. THE CLERY, I WAS SUPPOSE TO FILE MY CLAIM WITH WITHIN THE 100-DAY PERIODS AND AFTER RECEIVING THE ATTACHED [NOTICE TO CLAIMANT] BOARD ACTION DATED �. AUGUST 2691986, I THOUGHT ALL REQUIREFSENTS HAD BEEN MET, AND I HAD SIX MONTHS 3. FROM THE DATE OF THE NOTICE TO FITE COURT ACTIONS. ). ON OR ABOUT CCT0B7R 14,1.986, I MAIIF?n TWO COPIES OF 1fY CTAIM BY UNITED STATES ; PCSTAI; SLRVICFS FIRST CLASS MAIL TO THE COUNTY CLERK OF RICHMONDf AND ONE COPY EACH TO F,APITEST R.CLEMETSfCHEIF OF POLICEt AND JOEL HENNESSY, POLICE OFFICER. ?. I WAS TOTALLY UNAWARE THAT I HAD NOT PROPERLY SERVED A COPY OF MY CLAIM 3. AND SUlIMONS ON THE CITY OF RICHMONDt CITY CLERK, AND A LIEUTENANT FREITAS, OF {. THE RICIDIOND POLICE DEPARTMENT UNTIL I RECEIVED A LETTER FROM THE ATTORNEY 5. REPRESENTING THE DEFENDANTS DATED DECEMBER 591986. (ATTACHED) IN V104 CF THE FACT THAT I All, INCARCFRATE:D, A LAYM,IN OF THE LAWv AND A INDIGM.- ?. P RSON, I SINCERELY RBQUEST PER1MSION TO FILE A LATE CLAIM. 3. I DECLARE UNDER PENALTY OF PERJURY THAT THE STATEMENTS MADE HEREIN, ARE 9. TRUE AND COR,:?ECT. 0. i . 2. DATED: JAINUARY 9,1987 AT TRACY, CALIFORNIA. !- WILLIE EARL BAKER CLAIMANT b. 7- 8. 00 1 z z 5 rn Z.F q 0 C) :c 0 t-4 M 0 r14 0 rzj 10 0 t-4 "ll m :r 0 rzj l m >oo0 a 10 > 0 c jG (D m 0 > Z CT rri 0H. D) r rnc H 0 En tz > 0 rt Cn cn m H W co (n 0 rr oN > >x m 0 m 0 L4 c 0 rxi t7l 3 w 0 t"I ON 0 "1 (D (b C, U) 0 r_ 90 ct C') O.'a 0 CA m ct m 0 t-4 rn En z 0 o c 0 z r Ln 1 0 WILLIE EARL BAKER None 901 -,our t-�'�+ t~rAe t, Martinez, U 94553 )nNEY FOR(Name) 't ' E OF COUR1. Jt1DICIAL DIST IiICI (III Bn AN(.N f.(I11111 11 ANY Superior Court Of 'California, County Of Contra Costa. OCT 2 8 �6 725 Court Street' P.O.Box 911 1"Iar tine z 114_..9,4553 1;IFF Willie Earl Baker f�iTA NDAUT Citi_Of. Richmond,Earnest R.Clemell)t. Joel Hennessy. ORDER'ON APPLICATION FOR WAIVER SASE UUMBER . OF COURT FEES AND COSTS 292952 1. The application was filed a. on(date): October 14,1986 b. by (name). WILLIE EARL BAKER, 2. IT 15 ORDERED WAT the applicallon Is graded and Ilse applicant Is permltled to proceed In this action as follows: a. (_] without payment of any ccn,rl fees or costs listed In rule 985(1). Caliloinin liules of Court. b. (_� without payment of any churl Ices or costs listed In rule 985(i), California Gales of Court, except the lollowinu C. (J without paymelit of Ilse IullOwmq court 1(res NI cos(s (specily) d. The reasons for denial of any requested waive) ;III! (specify): e. 0 The clerk of the coml is directed to mall a copy of Ibis order to the applicant's attorney. If any, or to the applicant it unleplesemed 1. All unpaid lees and costs shall be deemed III he fa1(allle costs it applicant is entilled to costs and shall be a lied on ally judgment recovered by Illp af)plicaiif acid shall be paid to the clerk upon such recovery. 3. IT IS ORDERED THAT the application Is denied for the following reasons (specify): a. The applicant must pay any lees and costs due In this action within len days from the date of service of this order or any paper (lied by Ilse applicant wills the clerk will be of no effect. b. The clerk of Ilse coup is directed to (nail a copy of this order to all parties who have appeared In this action. 4. IT IS ORDERED THAT a hearing be field. a. The substantial evidentiary conflict to be resolved by the hearing Is(specify): b. Applicant should be preseiiI it the bearing lu be held hearing date: Ilene: i11 ( Dept.: Div.: Lj Rm.: address of court: c. The clerk of the cosirt Is directed to mail a copy of this order to the applicant only. Dated: . . . . . C- - �W_ f1 (Sig14 .,e-or JudpIt (Clerk's ceilification on page 2) Form adocfea by!1v4 oe.. ORDER ON APPLICATION FOR WAIVER Jualclal Counca of.Cagtor pL� OF counT TEES AND COSTS oorl Code Revised effecter.July t.Isss (IN FQpMA PAUPEnrq) east t.s AT" iKE•Y Cep PAR.Y WITHOUT ATTORNEY(NAME O ADOFIESS): TELEK FOR COURT USE ONLY Willie E..~Baker Katosha T. Baker None >ti 901 Coi>.rt Stret, & 3100 Shane Drive Apt.# A. Martinez Ca 91553 Richmond Ca 948o6 ATTORNEY FOR(NAME). In Propria Persona: Insert nn,- ,I crJurt,judicial district or branch court,it any,and post office and street address. SUPERIOR COURT, COUNTY OF CONTRA COSTA I 725 COURT STREET L E P.O. BOX 911 F 0 MARTINEZ, 'CA 94553 OCT 2 81986 PLAINTIFF: I R. 01=1 COU* ad Willie Earl Baker ttaMM BORA CXW Katosha T. Baker DEFENDANT: City Of Richmond: Earnest' R. Clements, Chief Of Police: SUMMONS ISSUED Joel Hennessy, Police Officer: =DOES 1 TO COMPLAINT—Personal Injury, Property Damage, Wrongful Death CASE NUMBER: Q MOTOR VEHICLE OTHER (spec1W:Mental Stressand Duress [ 299952�9.. 7 C Property Damage Wrongful Death (I jPersonal Injury ] Other Damages(specify): General Damage I I ws vleao!ng. including attachments and exhibits, consists of the following number o1 pages: _ 2 a Ea,-h piaintiff named above is a competent adult [it] Except plaintiff (name): Katosha T. . Baker (tea corporation qualified to do business in California (�an unincorporated entity(describe): FX-1 a public entity(describe). Police Department I XJ 1t11rlor ©an adult LJ for whom a guardian or conservator of the estate.or a guardian ad litem has been appointed E] other(specify): []other(specify): E__1 Except plaintiff(name): Q a corporation qualified to do business in California F--1 an unincorporated entity(describe): []a public entity(describe): Qa minor =an aduu []for whom a guardian or conservator of the estate or a guardian ad litem has been appointed Q other(specify): Q other(specify) b. Q Plaintiff(name): Is doing business under the fictitious name of(specify): and has complied with the fictitious business name laws. C lniormation about additional plaintiffs who are not competent adults is shown in Complaint— Attachment 2c. (Continued) s Form Appioved by the Judic-al Councii Of Cahrornis ItM`Cf ve January ,, Is*& COMPLAIN" persor it Injury, Property Damage, Rule 962 1(1) ._ -1 Death CCP 125.12 F.HORT f I l LE: CASE NUM . P.ERSOML M U RY CC,MPLAINT—Personal Injury, Property Damage, Wrongful Death Pa"two 3. a. Each defendant named above is a natural person Q Except defendant(name): City Ot Richfeond []Except defendant(name): 0 a business organization, form unknown a business organization, form unknown a corporation a corporation 0 an unincorporated entity(describe): an unincorporated entity(describe): Q a public entity(describe):Police Dep rtment 0 a public entity(describe): other(specify): 0 other(specifl): Q Except defendant(name): Q Except defendant(name): a business organization, form unknown =a business organization, form unknown 0 a corporation =a corporation an unincorporated entity(describe). Q an unin:orporated entity(describe): a public entity(describe) =a public entity(describe). other (specify). Q other(specify): b The true names and capacities of defendants sued as Does are unknown to plaintiff. c Q Information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d (_] Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names).- 4. names).4. V Plaintiff is required to comply with a claims statute, and a PC-J plaintiff has complied with applicable claims statutes, or b. 0 plaintiff is excused from complying because(specify). 5 This court is the proper court becausre [] at least one defendant now ritsides in its jurisdictional area. �] the principal place of busin@ss of a corporation or unincorporated association is in its jurisc;ictional area. C injury to person or damage tea personal property occurred in its jurisdictional area. other(specify). 6. ® The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers).- 203.§435,,698,10011i umbers):2 3.§435,6,6,10,11i (Cor'inued) Page two SHQRT 7tTLEP'EER50NAL IN3UR7' cyst NUMBER 292952 COMPLAINT—Personal Injury, Property Damage, Wrongful Death(Continued) Page three 7, 0 The damages claimed for wrongful death and the relationships of plaintiff to the deceased are []listed in Complaint—Attachment 7 []as follows: 8. Plaintiff has suffered ®wage loss C]loss of use of property hospital and medical expenses ®general damage 0 property damage loss of earning capacity Q other damage(specify) Emotional,and.-Nental stress, and undue Duress. 9 Relief sought in this complaint is within the jurisdiction of this court. 10 PLAINTIFF PRAYS For judgment for costs of suit; for such relief as is fair, just, and equitable; and for W, compensatory damages (Superior Court) according to proof. (Municipal and Justice Court) in the amount of S 2..6-_111On other (specify). 11. The following causes of action are attached and the statements above apply to each: (Each complaint must have one or more causes of action attached.) =Motor Vehicle Q General Negligence ( ]Intentional Tort (�Products Liability Premises Liability []Other(specify) Willie Earl Ehker (Type of Pint name) (Signature of plainliM of Attorney) Injury, Property Damage, Page three Rule 982 t(t)(Cent,d) Wrongful Death (Continued) CCP 42% ,9 RULE 982.1 ( SHORT TITLE: CASE NUMBER PERSONAL INJURY 292952 CAUSE OF ACTION—General Negligence Page— (numoa) ATTACHMENT TO ®Complaint =Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff(name):Millie Earl Baker,. df Katosha T. .EBker alleges that defendant(name): City. Of 'Richmond, Earnest R. Clementa;Chief Of Police,. and Joel_Hbnneasy., Police Officer. Does ...._ - -- 10 - - was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(dare): July 14.1986 at(place): 100 - 37th Street-,.Richmond California 94805. (descfipfforl of feasons for IfaDflf(y) On July 14, 986,. while being transported to the Contra Costa County Detention Facility. Officer Joel Hennessy, (555) of the Rickmond. Police Department was irresponsible and negligent in assuring sq safety to the Detention Facility. Officer Joel Hennessy, was irresponsible and negligent in transporting me along with other inmates to the Contra Costa County Detention Facility, by not securing his vehicle in tke Special looked pen outside of the Court building. His actions enticed another inmate passenger is the vehicle, whom the Richmond Police Department had no knowledge nor identity of this inmate,. to,attempt and succeed in [Escaping] from lawful custody while handcuffed. to me and causing me to suffer cuts, bruises, and abrasions on my knees and elbows and resulting in a [Escape] from lawful custody charges, pursuant to Penal Code Section 4532 (b), and causing further Duress,. by keep- ing me iR custody on this charge, and violating Penal Code Section 825, by not taking me before a magistrate within 48 hours and not filing the complaint of alleged escape until 31 days later. Officer Joel Hennessy did not follow the rules and regulations governing the Richmond Police Department transporting procedures assuring my safety from the alleged custody of the Richmond Police Department to the custody of the Contra Costa County Sheriff Department. Patfb AAWeVw or lne -'--- JudKlN Council of Crfdofny EfleettesJanurty l 11011- f*A11llAN 111 eC"VinfJ.. f2o".rAl IJwnllna-w- y Office of the City of ZHIEF OF POLICE September 29, 1986 Mr. Willie Earl Baker 901 Court St. Martinez, CA 94553 This is to inform you that the Internal Affairs Division of the Richmond Police Department has thoroughly investigated the complaint you filed on August 28, 1986, alleging neglect of duty on the part of one of our officers. In your complaint you alleged that through the negligence of our officer performing his duty you were injured and charged with escaping from lawful custody. All witnesses have been interviewed and evidence weighed and this complaint has been cleared as "substantiated", which means the investigation has determined that there was a foundation to establish some truth to the accusation. Thank you for bringing this matter to our attention. Should you have any further questions, please feel free to call the Internal Affairs Division at 620-6664 during normal business hours. r Opp (EARNEST R. CL NTS CHIEF OF POLICE ERC-JP:dm 401 -27th Street Richmond California 94R i telephone: 415 620-6655 1 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIF—AIA • T BOARD ACTION laim Against the County, or District governed by) he Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT August 26, 1986 nd Board Action. All Section references are to ) The copy of this document mailed to you is your atifornia Government Codes. ) notice of the action taken on your claim by the Board of Supervisors (Paragraph IV below), amount: Unspecified given pursuant to Government Code Section 913 and 915.4. Please note all "WARNINGS". County COUns41 CLAIMANT: WILLIE EARL BAKER 901 Court Street AUG U x'1986 ATTORNEY: Martinez , CA 94553 Mectlnel, CA 94553 ADDRESS: Date received BY DELIVERY TO CLERK ON: July 31, 1986 transmittal BY MAIL POSTMARKED: none FROM: Cinrk of t.hP Snard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CLERK DATED:' August 1 , 1986 BY: Deputy 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). l ) Other: Dated: a (o By: 4 7 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 unanimous 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 enteredinits minutes for this date. Dated: AUG 2 61986 PHIL BATCHELOR, Clerk, OX Deputy Clerk WARNING (Gov, code section 913) Subject to certain Exceptions, you have only six (6) months from the date this notice was personally'terved or deposited in the mail to filb a court #ction on this claim. See Government Code Section 945.6. You msy seek the advice of an attorney of your choice in connection with this matter, if you want to consult ah ahorhey, ybu should do so immediately. ;;7-1;&mant lounty Cou -el County Administrator ., „N R GIB BONS^ GIBBONS, LEES. SCHAEFER & EDRINGTON J:i LEES ATTORNEYS AT LAW v:ARG N SCHAEFEP PF+Eq P DRINGTON GATEWAY CENTRE BUILDING E '.CPO'H Y •CRO'HY L. BARTH 1850 MT.DIABLO BOULEVARD.SUITE 200 A. 6YRNE CONLEY OCLORES M. DONOHOE WALNUT CREEK. CALIFORNIA 94596 TERESA L. POLK JAMES A. ALEXANDER I415I 932-360C GREGORl M BURR ALAN J WILHELMY KEITH R. SHER RM HERMAN ACD.IFRANCK V December 5 , 1986 GAPY :. SHERRER Mr . Willie E . Baker Inmate No. CDC-D43842 c/o California Medical Facility of Vacaville; California Department of Corrections P .O . Box 2000 Vacaville, CA 9569.6-2000 Re : Baker v . City of Richmond Dea-r Mr . Baker : This firm has been retained to represent the named defendants in the lawsuit that you filed acting as your own attorney in the Contra Costa Superior Court . From the information we have developed, it appears that you have failed to comply with the governmental clay-ms statutes as no claim was ever. timely filed with the City of Richmond . There are . procedures for filing late claims . See Government Code Section 900 et seq . Additionally, it appears that there has been no proper service of the summons and complaint upon the list of defendants . Please be informed that the agent authorized to accept service on behalf of the City of Richmond is the City Clerk . and all matters to be served on any police department personnel may be served upon Lieutenant Freitas at the Richmond Police Department . No further action will be taken on your lawsuit pending proper service of the summons and complaint . Very truly yours, GIBBONS , LEES, SCHAEFER & EDRINGTOqfi GARY L HERRER GLS/de 1380D MUNICIPAL COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA BAY JUDICIAL DISTRICT DA NO. 233734 No. THE PEOPLE OF THE STATE OF CALIFORNIA, CRIMINAL COMPLAINT V. (Felony) 1 . PC 4532(b) WILLIE EARL BAKER and ROBERT. W. SMITH, Defendant(s) . / The undersigned states , on information and belief that WILLIE EARL BAKER and ROBERT W. SMITH, Defendant(s) , did commit a felony, to wit , violation of CALIFORNIA PENAL CODE SECTION 4532(b) (Escape from Custody) , as follows , to wit : On or about July 14 , 1986, at Richmond, in Contra Costa County, the Defendants , WILLIE EARL BAKER and ROBERT W. SMITH,. who had been arrested and booked for, charged with, and convicted of a felony in the Richmond City Jail , did wilfully, unlawfully and feloniously escape and attempt to escape from lawful custody of Joel Hennessy, a peace officer . PRIOR PRISON CONVICTIONS It is furthera ege , pursuant to Penal Code Section 667 . 5(b) , that on or about March 13 , 1980 , in the Superior Court of the State of California, in and for the County of Contra Costa, the Defendant, WILLIE EARL BAKER, was convicted of the crime of Burglary, a felony; served for said offense a prior prison term as defined in Penal Code Section 667. 5 ; and did not remain free of both prison custody and the commission of an offense which resulted in a felony conviction for a period of five years . It is further alleged, pursuant to Penal Code Section 667 . 5(b) , that on or about December 13 , 1984 , in the Superior Court of the State of California, in and for the County of Los Angeles , the Defendant , ROBERT W. SMITH, was convicted of the crime of Burglary - Second Degree, a felony; served for said offense a prior prison term as defined in Penal Code Section 667 . 5 ; and did not remain free of both prison custody and the commission of an offense which resulted in a felony conviction for a period of five years . COMPLAINT RE : -2- No. WILLIE EARL BAKER and ROBERT W. SMITH /„�78 7-/ It is further alleged, pursuant to Penal Code Section 667 .5(b) , that on or about January 7 , 1982, in the Superior Court of the State of California, in and for the County of Los Angeles , the Defendant, ROBERT W. SMITH, was convicted of the crime of Robbery with Use of a Firearm, a felony; served for said offense a prior prison term as defined in Penal Code Section 667 . 5 ; and did not remain free of both prison custody and the commission of an offense which resulted in a felony conviction for a period of five years . It is further alleged, pursuant to Penal Code Section 667 .5(b) , that on or about January 18 , 1978 , in the Superior Court of the State of California, in and for the County of Los Angeles , the Defendant , ROBERT W. SMITH, was convicted of the crime of Burglary - Second Degree , a felony; served for said offense a prior prison term as defined in Penal Code Section 667 . 5; and did not remain free of both prison custody and the commission of an offense which resulted in a felony conviction for a period of five years . Complainant requests that Defendant(s) be dealt with according to law. I declare under penalty of perjury that the foregoing is true and correct . DATED: August 13 , 1986 at Richmond, Cali ornia eI CH�RD CLARY, omp ainan THOMAS ROMERO kvb Deputy District Attorney RPD Agency Filed AUG 13 .1,;,66 By G. SALAZAR eputyDClerk ON-VIE:-! ARREST INFORMATION • F T . _ ql ,)FR-S EE: E� lti .� CHARGE: A , L st First !•{addle t I - FELONY OFFENSE (Give brief description of offense to include elements) PART II - MISDEMIEANOR OFFENSE (Information required per 853.6(0PC) RESIDING WITH WHOM: RELATIONSHIP: . LENGTH OF RESIDENCE: AT PRESENT RESIDE14CE IN COUNTY IN STATE PRIOR ARREST RECORD: NONE NO. OF ARRESTS NO. OF CONVICTIONS OFFENSE(S) PROEATION? PAROLE? NAME OF P.O. PART III - REASON CITATION RELEASE WAS CEIIEC (misdemeanors only, 853.6(i )PC) - Check applicable statement(s) 1 . Arrestee is so intoxicated, he is a danger to himself or others. 2. Arrestee requires medical attention or is otherwise unable to care for his own safety. 3.- Arrestee is charged with one or more offenses listed in Section 40302 of the California Vehicle Code. 4. There is an outstanding arrest currant for the arrestee. 5. Arrestee lacks satisfactory evidence of personal identification. 6. Prosecution of the offense(s) the person was arrested for or the prosecution of another offense would be jeopardized by the arrestee's immediate release. 7. It is likely the offense(s) will continue or resume, or the safety of persons or property will be imminently endangered by release of the arrestee. 8. Arrestee demanded to be taken before a magistrate or refused to sign the - notice to appear. 9. Additional reason/information (state specifically) C y4t,& l OFFICER' S SIG!1H URE AND NUMBER DATE / ----------- ---------'--------------- ----------------- --------------- ------------------- ( FINAL DISPOSITIO!l To be completed byDetention staff Was the arrestee released on his promise to appear? Yes No - If not, state reason: } BOOKING DEPUTY AND Nu!IBER APPROVI!iG SUPERVISOR AND NUMBER _ Deva 8/80 White to Booking, Yellow t 'lassification/probation l_. NAME t` 4� t DATE 1 .s,Ts1� ADDRESS I I PLEASE LABEL / ) — BROOM,SIDE HOSPITAL PHARMACY C o DCA NO AS 1365065 West Contra Costa Hospital D.strlct ADDRESS— SAN PABLO.CALIFORNIA Phone 2357000 DEA NO I Y K01: RiChmond t': , S� t.C111 F(!U CIF �i.l"�i:i:li UJ_. 4c /14/86 05:30 . 27 FR 1-AT REOUL:: iEll I•'1 TET"m I II�L i%Ec2 — '/14/86 05: ::5: 11 )01 RFITI XV A ' :N .TO: RICHMOND 2 PAIcOLE':) i '': :.j-It; . JAIL----i'LI'?1: M'Sf1i 1010; CAL IF CI:R(41A LIiI''i�T::''til:N1 OF C7CI10N'S T : HULU11�k 1.=r.�* A tom.=r;�4HU1.iI:4r.ic nt�c<A 1 11*� t HIJLII:: �llAAAAAAAAHOLII R►.KLR , WILLIE EARL CLtC#- : C-1 2"u-J-1 t1/PLA BLF;/L�I:G 510/C':'0 IIOU: 11/1 1l17/5% 1 AUTHOR; ICAT I0t; TO TRANSFOR i AMI HOLD PER0Jr, PC . NULU I'Lt!It if4r C0j('fAC T PROM I"Af.Ci1.E _AGENT . A . E. .. MukTIi40fiE , CHIEF ID/WARRANTS U14IT 91G .44:r G713 . rl CO14TACTEEI VY: BATEMAN #412 Pilo! 4415-G30G80 ;Akr, •- : • BURGLARY MR SAN PABLO, CA _ 2o� .33 ��u - AFTER CARE INSTRUCTIONS TO THE PATIENT ; ; , ;.; 3 C J NOTE: The examination and treatment you have received in the Emergency Department have been rendered on an emergency basis only and are not intended to be a substitute for or an effort to provide complete medical service. Your follow-up doctor (named below) will receive a copy of your records and all test reports. It is important that you let him check you again, and that you report to him any new or remaining problems at that time, because it is impossible to recognize and treat all elements of injury-or illness in a single Emergency Department visit. (j j�WOUND CARE SPRAINS & BRUISES NAUSEA/VOMITING/ DIARRHEA HEAD INJURY HIGH BLOOD PRESSURE © FEBRILE SEIZURE �- [f CAST PRECAUTIONS C LOW BACK STRAIN ❑ FEVER Gl GENERAL INSTRUCTIONS You must have follow-up care with in days. Call sooner if your symptoms worsen or new symptoms arise. Return to Emergency Department if any problems occur and you are unable to see regular coctor. - Your X-rays were initially read by the En Physician and will be rear .,ithin 24 hours by the Radiologist. You will be notified of any change in diagnosis. Follow medication instructions on the prescription(s). Lab/X-ray results (Emergency reading only) CWe will call you if culture results require further treatment. 1 � Other instructions 1 J 1 Avoid any use of injured part for days. [] WORK STATUS Allow only limited use of part for Return to worK.' You need not limit activity. Off work day's. Use aspirin or Tylenol if necessary for pain or fever. See own Doctor in days for work status evaluation. Treatment performed by Physician's Name r N'urse's signature Date Time Patient's signature font njaJoni)al PLEASE TAKE THIS WITH YOU WHEN YOU SEE THE DOCTOR LISTED ABOVE . PATIENT CCPV _ uN-VIEt•i AkKEST INFORMATION G l CHARGE:— ARRESTEE• fast First Middle PART I - FELONY OFFENSE (Give brief description of offense to include elements) PART I1 - MISDE14EANOR OFFENSE (Information required per 853.6(1 }PC) RESIDING ►•LITH WHOM: RELATIONSHIP: LENGTH OF RESIDENCE: AT PRESENT RESIDE-14CE IN COUNTY IN.S_ TATE • r PRIOR ARREST RECORD: NONE NO. OF ARRESTS 110. OF CONVICTIONS OFFENSE(S) PROBATION? PAROLE? NAME OF P.O. PART III - REASON CITATION RELEASE WAS DENIED (misdemeanors only, 853.6(i)PC) - Check applicable statement(s) 1. Arrestee is so intoxicated, he is a danger to himself or others. 2. Arrestee requires medical attention or is otherwise unable to care for his own safety. 3.� Arrestee is charged with one or more offenses listed in Section 40302 of the California Vehicle Code. Q. There is an outstanding arrest warrant for the arrestee. 5. Arrestee lacks satisfactory evidence of personal identification. 6. Prosecution of the offense(s) the person was arrested for or the prosecution of another offense would be jeopardized by the arrestee's immediate release. 7. It is likely the offense(s) will continue or resume, or the safety of persons or property will be imminently endangered by release of the arrestee. 8. Arrestee demanded to be taken before a magistrate or refused to sign the - notice to appear. ' . Additional reason/information (state specifically) A� ..ST11-G OFFICER'S 51G1 URE i0 NUMBER DATE - FINAL DISPOSITION! (To be completed by Detention staff) I.4as the arrestee released on his promise to appear? yYes No if not, state reason: - BOOKING DEPUTY AND NU11 ER APPROVING SUPERVISOR AND NUMBER ,ev. 8/80 =. Wh'e to Booking, Yellot Classification/Probation SENDER: CanIPMa i.2,3 and 4. DER: 9ar�INa Pat your addreu ii1 qhe..RETURN TO,space on the I � pot Your address in 1M'•RET�RN��s reavarpe aide F eilure to 00 this will prevent this card from lrom; reverse side Fdlure to db this. tlliiCMd . 1 being returna&to you.The return recelOt fee W414provide tieing returned t0 YOU.TM retitrnrrttteiel fM�rrgN o►wgds. I tM Mme Of tM delivered to and the date of Ou the narr►e 01 the delivered to'end of -. mix W Oddi the foilOwirp seNka era :4 dOhm For a4064ae1 Von.tM.plttiwrM�g tenvlcM rh : : ,. e%yllabla.Comult tn po• esW for tea•and chsch boa1Ml , evailuble.Ca"WAl P68 mi, for fids s c s:f�euil«I for eervkalsi reouwtoa i for snvigM•)ret�ilei�e4 1. ❑ Show to whore.data std ad&s-of delivery. 1. ❑ Show to wholes,date efld eddre•s Of 41e1N! - 7. ❑ Restricted 081lvMV. 2. El Rated Deiirery: 9. Article AOdreased to: rS. Article 4y000d� ma ° Lle,,c m o?-Wad Wine 0,4J*/M,4- ,1-:: rl 4. Type of service: FAnrliclF Number 4TypeofGerWilm: :{RegisteredkstffW - �S� Yl6 ❑ Regglsterw B Insuratl Certified C7 Coo 7 Certified U COD Expran Mail Express Mail Always obtain signature of addressm 2L agent and Always obtain signature of addresmgLagient and DATE DELIVERED. DATE DELIVERED. S. Signature-Addrenae S. signature-AddrMNs X x • 6. Si urs,-A001 6. Signature-Agent !� x X 9 7. Date or Delbyiry T 7. Date of Delivery 9. Addressees (ONLY mquared W ) i 9. Addressee's Address( N /I Val a n n SENDER: Cm okile 1.2.3&W4. Put your address In tM"RETURN TO"apace on tM 3 revere side.Failure to do this will prevent this card from being returned to you.TM rerdr}I rrpeipt fM will D►Orids you On none Of the M=4alivaad to and Me date of deiharV.For 8"tio al tea site foRowing smokes are available.Consult PONWMWM fiar lose end check born IMI for servkefsl repusted. 8 1. d Show to when,date 81100660M at delivery. Y Z. ❑ Restricted Dolvery. 9. Article Addta�e0i/t GAte. W CC�'1?.e /�•5v /r1>��i r�a�o Lvc� 9 ys9< 4. TTpa of Gerwks77: `I ks$Nun*w Rtered�tif all ❑COD �flS mWW /O (CerpS6 Hi3 Express Iwa ". 6"bbt9in s native of OWn umaLagent and 1117E DELI VE ddramee 6. Signature-Agent X 7. Date of Delivery Z S. AddreMM'•Address(ONLY 4fPCOMW ard fee fh . APPLICATION TO FILE LATE CLALM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA as the Ex-Of f is io as the Governing Board of the Sanitation District No. 15 BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT February 10, 198; 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 Governnent Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: CDM, INC. ET AL County Counsel c/o Patrick E. Catalano Attorney: Law Offices of Patrick E. Catalano JAIL 2 r 1987 One Maritime Plaza, #2250 Address: San Francisco, CA 94111 Martinez, CA 94553 Amount: Unspecified By delivery to Clerk on January 16 , 1987 hand del . Date Received: January 16 , 1987 By mail, postmarked on no envelope 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:- 1-26-87 PHIL BATCHELOR, Clerk, By -L.� Deputy 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). ( The Board should deny this Application to File Late Claim (Section 11.6). DATED: � VICTOR WESTMAN, County Counsel, . ` y III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Boards Order entered in its minutes for this date. DATE: FEB 10 1987 PHIL BATCHELOR, Clerk, By C � Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an.order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attamey,attorney, u should do so immediately. IV. FROM: Clerk of the. Board TO: 1 County Counsel 2 County A 'nistrator 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. FEB 11987 DATED: PHIL BATCHELOR, Clerk De ut BY P Y 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 I JPATRICK E . CATALANO I' LAW OFFICES OF PATRICK E. CATALANO i 2 �; One Maritime Plaza, Suite 2250 San Francisco, CA 94111 E ��� � 3 Telephone: (415) 788-0207 -A.,,.. 4 .� s. I A /G 1987 5 C+i�K of 6 11 7 8 !' In the Matter of.. the Claim of ) 9 !! CDM, INC . , and CAMP, DRESSER ) ! & MCKEE, INC . ) APPLICATION FOR PERMISSION 10 I ) TO FILE LATE CLAIM 11 Against ) (Govt. Code sec . 911 . 4) !ISANITATION DISTRICT NO. 15 ) 12 ) OZ - o N R Q � UZ0 13 T0: SANITATION DISTRICT NO. 15 Q0- oa ° 14 Application is hereby made for permission to present the 0- U u' owoZ 15 attached claim after expiration of the time limit provided in U U OR ac o Q a w 16 Government Code section 911 . 2 . - � � CrW a- d Z Z a ° U) 17 (1) As indicated by the attached claim, claimants ' cause of I 18 laction accrued on or about October 3 , 1985 , by virtue of the fact 19 that the underlying plaintiffs ' damages are and have been contin- 20 iuous and ongoing. 21 j (.2) The time for presentation of such claim under Government 22 '.Code section 911 . 2 expired on or about January 9 , 1986 . i 23 (3) The reason .for the failure to present such claim within i 24 the time provided in Government Code section 911 . 2 was as follows : 25 ! (a) Plaintiffs in the underlying class actions to date 26 lhave not named Contra Costa Sanitation District No. 15 (herein- I i 27 iIafter the DISTRICT) as defendant. Also, Contra Costa County 28 ' (hereinafter the COUNTY) had named the DISTRICT in its Cross- -1- �i i !, complaint for indemnity (filed July 13 , 19.83) but had not requiredl i 2 :, the DISTRICT to formally answer until September 1986, (answer filed 3 !Ion or about September 30 , 1986) . Thus , claimants were reasonably I 4 Isure that the DISTRICT was merely a political creation with no I 5 ; actual or real authority or responsibility for the subject 6 ) sanitary sewer collection system other then such system being 7 !; located within its political boundaries , Recent discovery efforts ,) i 8 ! depositions, interrogatories and requests for production of docu- I 9 ilments and things have revealed that the DISTRICT is responsible ii 10 ' for all maintenance and repairs to the subject system even though I 11 flit has no employees of its own. Claimants are now informed that I 12 ;! all DISTRICT "employees" are COUNTY employees who act in an ex Z � ^ zoP: m 13 officio capacity for the DISTRICT. J Q 3 z Q � � o o � I Additionally, it was learned through recent depositions of Q o Q LL 14 U � aaL' 11JowoZ 15 ilplaintiffs ' class representatives that their claimed damages as to OR o U LL WCEZ � 16 ! excessive sewer tax assessments , diminution in value to their . � ° � Muj a0 < 17 real property and inability to fully develop their real property 18 Iwere ofan ongoing and continuous nature . 19 j Claimants acted to file this application within a reasonable 20 ' time after such discovery of the DISTRICT' s probable involvement 21 � as set forth above and after the DISTRICT filed its own Cross- 22 ; complaint on or about October 10 , 1986 , demanding indemnity from 23 ! claiments . i 24 The DISTRICT will not be prejudiced by. the delay in submit- 25 ( ting this claim as it has been fully aware of the underlying 26 (. cross-actions through the COUNTY employees who are ex officio I — 27 .': employees and officers of the DISTRICT. The COUNTY has partici-- 28 pated fully in all discovery and settlement conferences to date. -2- 1' I I '' Moreover, claimants in their Answer to the DISTRICT' s Cross-complaint 2 ; have raised by way of affirmative defense a claim for equitable 3 . apportionment of fault- and damages . I 4 I certify and declare under penalty of perjury under the laws 5 .1of the State of California that the foregoin is true and correct. 6 !I DATED: January 16 , 1987 I 7 ;I I 8 LAW OFFICES OF PATRICK E. CATALANO i ;I 9 10 By 11 it Patrick E. Catalano 12 Attorneys for Claimants, CDM, INC. C and CAMP, DRESSER & McKEE, INC. O Z ° C Z N � a 13 Q a o Mo ¢ m : Uma ° 14 Ili J J C wZWoW 15 U o � LLw z a U Q _J 16 � ¢ � (LQZQ ° U) 17 18 19 20 21 22 I� i 23 i 24 I 25 i i 26 27 28 .I -3- li i LAW OFFICES OF PATRICK E. CATALANO A PROFESSIONAL CORPORATION THE ALCOA BUILDING PATRICK E. CATALANO ONE MARITIME PLAZA, SUITE 2250 SAN DIEGO OFFICE JANICE K.CATALANO SAN FRANCISCO,CALIFORNIA 94111 110 JUNIPER STREET GEORGE J. SHEA (415)788-0207 SAN DIEGO, CALIFORNIA 92101.1598 JOHN M.WALKER (619)233-3565 JOHN B. McDONALD (RESPOND TO THE ABOVE) JAMES A. KOPCKE MAUREEN L. SHELLOOE NEAL H. ROCKWOOD VISTA OFFICE CHRISTOPHER R. KELLEY MICHAEL J. GUGLIELMINO January 16 , 1987 CIVIC CENTER PROFESSIONAL BLDG. 400 SOUTH MELROSE, SUITE 200Y LYNDE SELDEN, II VISTA, 92083 RICHARD F. RESCHO JEANETTE K. SHIPMAN (619)94411-3600 CHARLES W. WITHERS STEVEN S. MIYAKE Board of Directors Contra Costa County Sanitation District No. 15 651 Pine Street, Room 106 Martinez, CA 94553 Attention: Board of Directors Re: CDM, Inc. , a California Corporation and Camp, Dresser & McKee , Inc . , a Massachusetts Corporation Contra Costa County Superior Court No. 241439 consolidated with No. 240385 Gentlemen: This letter is to present a claim against the Contra Costa County Sanitation District No. 15 (hereinafter the District) pursuant to Government Code section 910 regarding the alleged deficiencies in the design, construction, inspection and maintenance of the sanitary sewer collection system at Bethel Island and resulting damages therefrom. Plaintiffs , the property owners within Contra Costa County Sanitation District No. 15 , have filed the above-referenced class actions against the designers and inspection engineers, CDM, Inc. , the contractor, W. H. Ebert Corporation and Spartan Construction Corporation, and Contra Costa County (hereinafter the County) for damages arising from the design, construction, inspection and maintenance of the sanitary sewer collection system on Bethel Island within District No. 15 . The District was not named as a defendant by either of plaintiffs ' class action suits . The County filed a Cross-complaint on July 13, 1983 , naming among others the District as a cross-defendant. The District answered the County' s Cross-complaint on or about September 30 , 1986 . The District filed its Cross-complaint on or about October -10 , 1986 , naming among others CDM, Inc. and Camp, Dresser & McKee, Inc. Board of Directors Contra Costa County Sanitation District No. 15 Page Two January 16 , 1987 Assuming plaintiff real property owners are entitled to recover monetary damages for alleged deficiencies in the sanitary collection system at 'Bethel Island, (cost for repairs of present and continuing leaks within the collection system and costs for increasing the size of the treatment plant in order to accommodate the allegedly excessive flows coming from Bethel Island both of which have and will continue to be paid by plaintiffs through excessively high sewer tax assessments; and for diminution in value of plaintiffs ' real property because of the poor condition of the collection system) said damages will have been sustained because of the negligence of the District. For that reason, CDM, Inc. and Camp, Dresser & McKee, Inc. look to the District to assume their defense and indemnify them for any judgment. Should the District fail to settle this claim directly with the County and/or plaintiffs directly or agree to defend and in- demnify CDM, Inc. and Camp, Dresser & McKee, Inc. , there will be no alternative to filing a Cross-complaint against the District alleging causes of action for total and equitable indemnity. Conforming with Government Code section 910 , the following is provided: 1. Claimants : CDM, Inc. and Camp, Dresser & McKee, Inc . , have been named and served in the underlying class actions , the County' s Cross-complaint and the District ' s Cross-complaint as defendants and cross-defendants respectively. 2 . All notices should be sent to claimants ' counsel of record addressed to Patrick E. Catalano at Law Offices .of Patrick E. Catalano, One Maritime Plaza, Suite 2250 , San Francisco, California 94111 . 3. The instant claim against the District arises as a result of claimants being served with the District' s Cross-complaint for indemnity on or about October 10 , 1986 . 4 . Claimants have not suffered damages to date other than the cost of investigating the case, defending the underlying class action and Cross-complaints and entering a defense to the District 's Cross-complaint. However, claimants stand the risk of being found totally or partially liable for plaintiffs ' claimed damages as a result of the District 's Cross-complaint. 5 . The District' s Cross-complaint appears to arise from the District being served with the County' s Cross-complaint for indemnity. The County' s Cross-complaint was filed on July 13 , Board of Directors Contra Costa County Sanitation District No. 15 Page Three January 16 , 1987 1983, and the District answered that Cross-complaint on or about September 30 , 1986 . The County's Cross-complaint in turn appears to arise from the class action suits of Ralph Smyer, et al . , vs. Contra Costa County; Contra Costa County Superior Court Action No. 241429 consolidated with Ralph Smyer, et al . , vs. CDM, Inc . , et al . , Contra Costa County Superior Court Action No. 240385 . 6 . These underlying class actions seek monetary damages on behalf of plaintiff property owners for alleged defective design, inspection, construction and maintenance of the sanitary sewer collection system installed on Bethel Island which is within the District No. 15 . Plaintiffs claim additional damages for (1) diminution in value of their real property because of alleged inability to fully develop such real property as a result of the defective collection system; and (2) for increased annual sewer tax assessments as a result of an allegedly unnecessary second public sewer bond which proceeds were used to increase the size of the treatment plant necessitated by excessive flows from the defective collection system on Bethel Island. Plaintiffs ' damages as to diminution in value of their real property and increased annual sewer tax assessments are continuing. 7 . Claimants designed and inspected during construction the sanitary sewer collection system on Bethel Island pursuant to contract with the District. The general contractor for the sanitary sewer collection system on Bethel Island was W. H. Ebert Corporation and Spartan Construction Corporation. 8 . The particular employees and agents of the District who are responsible for the maintenance and management of the sanitary sewer collection system on Bethal Island include, but are not limited to, the following: Contra Costa County, Robert Jackson, Dave Bauer, Jack Port, David Pelser, Gil Wheeler, Greg Connaughton, Paul Kilkenny, Michael Walford, Jack Parrish, Vernon Cline, Stan Matsumoto and Karen Groppi . 9 . No specific damage amount is alleged in the District' s Cross- complaint. The District does seek total or partial equitable indemnity from claimants in the event the District is required to indemnify the County as a result of the County' s Cross-complaint. The County in turn seeks indemnity from the District by virtue of it being named in plaintiff' s under- lying class action suits . Board of Directors Contra Costa County Sanitation District No. 15 Page Four January 16 , 1987 10 . Plaintiffs of the underlying class action suits have to date articulated their damages in the amount of approximately $3. 95 million. This amount does not include alleged diminution in value to their real property or an amount for their alleged costs and/or attorneys ' fees . 11. Claimants are informed that the $3 .95 million damage figure was calculated by plaintiffs as follows : a. Periodic sealing of existing leaks $955 , 000 b. Periodic sealing of additional leaks or future leaks where peat soil remains below existing main sewer pipes and side lateral sewer pipes 245 , 700 C. Assitional pumping cost to move excess flow from Bethel Island to the Oaklay-Bethel Island treatment plant 102 , 400 d. Additional cost to treat excess flow from Bethel Island is comprised of. 1 .544 million 1) Additional capital cost of facilities - 241, 000 , and 2) Additional power costs for treating the excess flows -- $1. 303 million. e. Additional disposal costs due to excessive flows from District No. 15 to Oakley-Bethel Island treatment plant is comprised of: 1 . 105 million 1) Capital costs for expanded facilities - $748 , 000 , and 2) Additional cost for power and other operating costs - $357 ,300 Approximately $3 . 95 million Board of Directors Contra Costa County Sanitation District No. 15 Pane Five January 16 , 1987 Please advise if you wish any additional information or if you require some particular claim form prior to entertaining this claim. Thank you for your consideration. Very truly yours, LAW OFFICES OF PATRICK E. CATALANO y By Patrick E. Catalano PEC: lb APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION February 10, 1987 Application to File Late Claim ) NOTICE TO APPLICANT 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: CDM, INC. ET AL County Counsel c/o Patrick E. Catalano Attorney: Law Offices of Patrick E. Catalano JAN 2 G 1587 One Maritime Plaza, #2250 Address: San Francisco, CA 94111 Martinez, CA 94553 Amount: Unspecified By delivery to Clerk on January 16 , 1987 hand del . Date Received: January 16 , 1987 By mail, postmarked on no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to FileLateClaim. DATED: 1-26-87 PHIL BATCHELOR, Clerk, By _ v�� Deputy 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). ( yy ) The Board should deny this Application to File Late Claim (Section 911.6). DATED: ICTOR WESTMAN, County Counsel, B%� III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X) 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: FEB 10 1987 PHIL BATCHELOR, Clerk, 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 application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof. has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: FEB 11 1987 PHIL BATCHELOR, Clerk, By 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 i1 PATRICK E. CATALANO j 1 LAW OFFICES OF PATRICK E. CATALANO One Maritime Plaza, Suite 2250 2 �j VED San Francisco, CA 94111 Telephone : (415) 788-0207 3 ' JkN /G 1981 4 it �:.. p�► 5 1! 6 7 8 �j In the Matter of the Claim of ) 1 9 CDM, INC. , and CAMP, DRESSER ) & MCKEE, INC . ) APPLICATION FOR PERMISSION 10 ) TO FILE LATE CLAIM against ) (.Govt. Code Sec. 911. 4) CONTRA COSTA COUNTY ) o � 12 ) oZ 'n ZN ° 13 I TO: CONTRA COSTA COUNTY J � ~ 2 0 QO 5 O 0 < _ 14 ! Application is hereby made for permission to present the U J �Be � v ''' 0 z 15 attached claim after expiration of the time limit provided in `1C <n0 U U) U a LLaa16 Government Code section 911 . 2 . Q a w LL ~ Q ° U) 17 (1) As indicated by the attached claim, claimants ' . cause. of •I 18 I action accrued on or about October 3, 1985 , by virtue of the 'fact 19 !I that the underlying plaintiffs' damages are and have been contin- i 20 j uous and ongoing. 21 (2) The time for presentation of such claim under Government 22 ii Code section 911. 2 expired on or about January 9 , 1986 . 23 ;� (3) The reason for the. failure to present such claim within 24 the time provided in Government Code section 911 . 2 was as follows: 25 Ij (a) Claimants, as a .result of discovery in the form of 26 . interrogatories , -request to produce documents and limited 27 I depositions were reasonably sure that Contra Costa County 28 (hereinafter the County) was a separate and distinct public entity -1- i i I� � with no connection to the subject sanitary sewer collection I j 2 system other than such system being proximately located in its 3 geographic boundaries . However, as a result of further discovery 4 and by virtue of the County demanding an answer to its Cross- 5 complaint from Contra Costa County Sanitation District No. 15 6 (hereinafter the District; the Cross-complaint was filed on or ii 7 j about July 13 , 1983 , and 'the District ' s Answer was filed on or 8 about September 30 , 1986) it was determined that. County employees 9 j and personnel from the public works department personnel worked 10 II as District employees either in an ex officio capacity or on an i 11 i as-needed basis. All District employees and ex officio officials ) I I 12 ; were paid by the County. Moreover , it was determined through o O oNo, ^ 13 discovery, and in particular the depositions of plaintiffs ' J 2 ~ Z cv Q oa ° - 14 representatives of the class and plaintiffs ' expert witness LL U8a ; � JJ (J � (whose deposition was taken only recently) that the claimed LLI Z w O w 15 YR) 20 � QQw 16 damages were of an ongoing and continuous nature . Claimants acted f- 0 ¢ L ` 17 to file this application within a reasonable time after such 18 discovery of the County "s probable involvement and the District 19 `� was brought into the actions as a cross-defendant. 20 The County will not be prejudiced .by the delay in submitting 21 I this claim as it has been actively defending the underlying 22 iii consolidated class actions and has participated fully in all II 23 !' discovery and settlement conferences . Claimants in their 24 answer to the County ' s Cross-complaint raise by way of affirmative 25 i defense a claim for equitable apportionment of fault and damages . ) I 26 I certify and declare under penalty of perjury under the law 27 28 l I; I.I I I ,i 1 of the State of California that the foregoing is true and i 2 correct. I 3 DATED: January 16 , 1987 4 !� LAW OFFICES OF PATRICK E. CATALANO I' 5 6 By Patrick E. Catalano 7 Ij Attorneys for Claimants , CDM, INC . and CAMP, DRESSER & McKEE, INC . 8 9 10 i 11 12 OZC p N v Z N rn Q c g N 13 QZ.0 Q Q0Qo � 14 .� U1<1 ° a J J () C o � 0. p 15 YII U (6EE Uj tzli ¢ Z w Q � wU- 16 d Q Z Q I. ° C0 17 i 18 19 I 20 21 22 �j 23 24 - I 25 ' I i 26 , �i 27 i 28 I� —3— is LAW OFFICES OF PATRICK E. CATALANO A PROFESSIONAL CORPORATION THE ALCOA BUILDING PATRICK E. CATALANO ONE MARITIME PLAZA, SUITE 2250 SAN DIEGO OFFICE JANICE K.CATALANO SAN FRANCISCO,CALIFORNIA 94111 110 JUNIPER STREET GEORGE J. SHEA (415)788.0207 SAN DIEGO, CALIFORNIA 92101-1596 JOHN M.WALKER (619)233-3565 JOHN B. MCDONALD (RESPOND TO THE ABOVE) JAMES A. KOPCKE MAUREEN L. SHELLOOE NEAL H. ROCKWOOD VISTA OFFICE CHRISTOPHER R. KELLEY MICHAEL J. GUGLIELMINO CIVIC CENTER PROFESSIONAL BLDG. MICHAEL SE J. GU II 400 SOUTH MELROSE, SUITE 200Y LYNDERICHARD F. EN,RES11 January 16 , 1987 VISTA,CA 92083 (619) 941.3600 JEANETTE K. SHIPMAN CHARLES W. WITHERS STEVEN S. MIYAKE Board of Supervisors Contra Costa County 651 Pine Street, Room 106 Martinez . CA 94553 Attention! Board of Supervisors Re : CDM, Inc . , a California Corporation and. Camp, Dresser & McKee, Inc. , a Massachusetts corporation Contra Costa County Superior Court No. 241439 consolidated with No. 240385 Gentlemen: This letter is to present a claim against the Contra Costa County (hereinafter the County) pursuant to Government Code section 910 regarding the alleged deficiencies in the design, construction, inspection and maintenance of the sanitary sewer collection system at Bethel Island and resulting damages therefrom. Plaintiffs, the property owners within Contra Costa County Sanitation District No. 15 (hereinafter the District) , have filed the above-referenced class actions against the designers and inspection engineers , CDM, Inc . , the contractor, W. H. Ebert Corporation and Spartan Construction Corporation, and the County for damages arising from the design, construction, inspection and maintenance of the sanitary sewer collection system on Bethel Island within District No. 15 . .class action suits. The County filed a Cross-complaint on July 13 , 1983 , naming among others CDM, Inc. and Camp, Dresser & McKee, Inc . Assuming plaintiff real property owners are entitled to recover monetary damages for alleged deficiencies in the sanitary col- lection system at Bethel Island, (cost for repairs of present Board of Supervisors Contra Costa County Page Two January 16 , 1987 and continuing leaks within the collection system and costs for increasing the size of the treatment plant in order to accommodate the allegedly excessive flows coming from Bethel Island both of which have and will continue to be paid by plaintiffs through excessively high sewer tax assessments ; and for diminution in value of plaintiffs ' real property because of the poor condition of the collection system) said damages will have been sustained because of the negligence of the County. For that reason, CDM, Inc . and Camp, Dresser & McKee, Inc. look to the County to assume their defense and indemnify them for any judgment. Should the County fail to settle this claim directly with the plaintiffs directly or agree to defend and indemnify CDM, Inc . and Camp, Dresser & McKee, Inc. , there will be no alternative to filing a Cross-complaint against the County alleging causes of action for total and equitable indemnity. Conforming with Government Code section 910 , the following is provided: 1. Claimants: CDM, Inca and Camp; Dresser & McKee, Inc . , have been named and served in the underlying class actions , the County' s Cross-complaint as defendants and Cross- defendants respectively. 2 . All notices should be sent to claimants ' counsel of record addressed to Patrick E. Catalano at Law Offices of Patrick E. Catalano, One Maritime Plaza, Suite 2250 , San Francisco, California 94111 . 3. The instant claim against the County arises as a result of claimants being served with the County' s Cross-complaint for indemnity on or about July 13, 1983 , and the fact. that plaintiffs claimed damages are of a continuing nature . 4 . Claimants have not suffered damages to date other than the cost of investigating the case , defending the underlying class action and Cross-complaints and entering a defense to the County' s Cross-complaint. However, claimants stand the risk of being found totally or partially liable for plaintiffs ' claimed damages as a result of the County' s Cross-complaint. 5 . The County' s Cross-complaint was filed on July 13, 1983 . The County' s Cross-complaint in turn appears to arise from the class action suits of Ralph Smyer, et al . ; vs . Contra Costa County; Contra Costa County Superior Court Action No. 241439 consolidated with Ralph Smyer, et al . , vs . CDM, Inc : , et al . , Contra Costa County. Superior Court Action No. 240385 . Board of Supervisors Contra Costa County Page Four January 16 , 1987 11. Claimants are informed that the $3 .95 million damage figure was calculated by plaintiffs as follows : a. Periodic sealing of existing leaks $ 955 ,000 b. Periodic sealing of additionsl leaks or future leaks where peat soil remains below existing main sewer pipes and side lateral sewer pipes 245 ,700 C. Additional pumping cost to move excess flow from Bethel Island to the Oakley-Bethel Island treatment plant 102 , 400 d. Additional cost to treat excess flow from Bethel Island is comprised of 1. 544 million 1) Additional capital cost of facilities - $241 , 000 , and 2) Additional power costs for treating the excess flows - $1 . 303 million. e. Additional disposal costs due to excessive flows from District No. 15 to Oakley-Bethel Island treatment plant is comprised of : 1 . 105 million 1) Capital costs for power and other operating costs - $357 ,300 Approximately 3 . 95 million Please advise if you wish any additional information or if you require some particular claim form prior to entertaining this claim. Thank you for your consideration. Very truly yours, LAW OFFICES OF PATRICK E. CATALANO By: Patrick E. Catalano PEC: lb Board of Supervisors Contra Costa County Paae Three January 16 , 1987 6 . These underlying class actions seek monetary damages on behalf of plaintiff property owners for alleged defective design, inspection, construction and maintenance of the sanitary sewer collection system installed on Bethel Island which is within the District No. 15 . Plaintiffs claim additional damages for (1) diminution in value of their real property because of alleged inability to fully develop such real property as a result of the defective collection system; and (2) for increased annual sewer tax assessments as a result of an allegedly unnecessary second public sewer bond which proceeds were used to increase the size of the treatment plant necessitated by excessive flows from the defective collection system on Bethel Island. Plaintiffs damages as to diminution in value of their real property and increased annual sewer tax assessments are continuing in nature. 7 . Claimants designed and inspected during construction the sanitary sewer collection system on Bethel Island pursuant to contract with. the District. The general contractor for the sanitary sewer collection system on Bethel Island was W. H. Ebert Corporation and Spartan Construction Corporation. 8 . The particular employees and agents of the County who are responsible for the maintenance and management of the sanitary sewer collection system on Bethel Island include , but are not limited to, the following: Contra Costa County . Sanitation District No. 15 , Robert Jackson, Dave Bauer, Jack Port, David Pelser, Gil Wheeler, Greg Connaughton, Paul Kilkenny, Michael Walford, Jack Parrish, Vernon Cline, Stan Matsumoto, and Karen Groppi . 9 . No specific damage amount is alleged in the County' s Cross- complaint. The County seeks indemnity. from, the claimants by virtue of them being named in plaintiffs ' underlying class action suits. 10 . Plaintiffs of the underlying class action suits have to date articulated their damages in the amount of approximately $3.95million. This amount does not include alleged diminution in value to their real property or an amount for their alleged costs and/or attorneys ' fees .