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Home My WebLink AboutMINUTES - 09291987 - 1.7 CLAIM 17 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 September 29 , 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: DOUGLAS W. DERIE 10 Waters Street ATTORNEY: Pittsburg, CA 94565 Date received ADDRESS: BY DELIVERY TO CLERK ON August 28 , 1987 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. BATCHELOR, Clerk IL D DATED: August 31 , 1987 PpHHBBY: Ze eputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. County Counsel ( This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so not ipgr, 1, 198 7 claimant. The Board cannot act for 15 days (Section 910.8). I' V Martinez, CA 94,553 ( ) 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 (�() 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: S E P 2 9 q 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. S E P 310 1987 ' Dated: BY: PHIL BATCHELOR by �__ --Deputy Clerk CC: County Counsel County Administrator Vv 1 rr • /71%- V CLAIM TO: BOARD OF SUPERVISORS OF CONTRA C qpAWYapplication to: Instructions to ClaimantC!erk of the Board .O.Box 911 Martinez,Califomla 94553 A. Claims relating to causes *of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. 'Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the Districts-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 o7 this form. RE: Claim by )Reserved for Clerk's filing stamps ` J� RECEIVED 10 Against the COUNTY OF CONTRA COSTA) 1987 or DISTRICT) PMIS BATC"ELOR CLM 90AW Of BtME#Yfap116 (Fill in name ) �'IWAd 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 follows: �. When did the damage or in3ury occur? (Give exact date and hour] �. Where did tie damage or in3ury occur? (Include city and county) ----——------———--—-------—:—z——----------——T——— — — T —------------ 3. How did the damage or in3ury occur? (Giveu�I details, use extra sheets if required) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? /�c..�/�/ /' . �✓�,.5 /fie l �G�S 'C D (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? Give full extent of injuries of damages claimed. - Attach twp estimates for auto J � ---(ITa;N3;_!R;_9`sU;7a�9a How was the amount claimed above computed? (Include the estimated - amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 6. Names and addresses of witnesses, doctors and hospitals. --T----T •'.•,- .---T-��Y- -------------------------T-----T--------T-T-�•-- IS. Lirit"the ex�endituresiyou made on account of this accident or injury: 3 4DJ�TIE ITEM AMOUNT i t . 3 Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney s � ` � Claimant Signatu e Address Irzr Telephone No. Telephone No. ��" �l r]OTICE 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.` b CLAIM /1 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 September 29 , 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: $3,-000, 000- 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: GREGG MICHAEL REITAN c/o Edward M. Mastrangelo ATTORNEY: Attorney at Law 1320 Solano Ave. #202 Date received ADDRESS: Albany, CA 94706 BY DELIVERY TO CLERK ON September 1, 1987 BY MAIL POSTMARKED: August 31 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: September 3, 1987 �b: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors C (A This claim complies substantially with Sections 910 and 910.2. County Couftei ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so note �g o 198, claimant. The Board cannot act for 15 days (Section 910.8). Martinez, C.4 945, ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: G BY: eputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By 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. / SEP 2 9 1987 Dated: PHIL BATCHELOR, Clerk, By �/, L.� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You 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 abve. SEP 3 0 1%y Dated: BY: PHIL BATCHELOR by %/ i' Deputy Clerk CC: County Counsel County Administrator l - GOVERNMENT CODE CLAIM Sv �q TO THE GOVERNING BODY OF: COUNTY OF CONTRA COSTA s OUR CLIENT & CLAIMANT: GREGG MICHAEL REITAN ADDRESS : 2611 Carleton Lane Antioch DATE OF INJURY: JUNE .10 , 1987 PLACE OF INJURY: Marsh Creek Road, . 9 miles west of Deer Valley Road in the County of Contra Costa . DESCRIPTION OF INCIDENT: Gregg Michael Reitan was severely injured when his vehicle rolled over several times on Marsh Creek Road at the location designated above . The County of Contra Costa was negligent in the design, construction, maintenance and signing of such roadway. The incident occurred at a portion of the roadway where back to back curves were not separated by the required length of straightaway. Plaintiff is informed and believes that his vehicle overturned because of a sway in the roadway. The roadway was improperly banked and inadequately signed. The County of Contra Costa either knew or should have known of the dangerous condition posed by such roadway, and took no protective measures with respect to such dangerous condition . NATURE OF DAMAGES : Paraplegia . Amount of medical specials and wage loss not yet known. AMOUNT OF CLAIM: $3, 000 , 000 . 00 ATTORNEYS TO WHOM NOTICES SHOULD BE ADDRESSED: EDWARD M. MASTRANGELO Attorney at Law 1320 Solano Avenue, Suite 202 Albany, CA 94706 Attorney for Claiman r c PROOF OF SERVICE BY MAIL I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred. My address is : 1320 Solano Avenue , Suite 202 , Albany, CA 94706 I served the foregoing Government Code Claim by enclosing a true copy in a sealed envelope addressed to each person whose name and address is given below, and depositing the envelope in the United State s mail with the postage fully prepaid on the date and place as shown below. CLERK OF THE BOARD BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 651 Pine Street , Room 106 Martinez , CA 94553 I declare under penalty of perjury that the foregoing is true and correct and that this declaration is executed on _ August 31 , 1987 at Albany, California . Chris Le ' z -2- AMENDED /, 7 CLAIM J 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 September 29, 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: THOMAS D. BOYNTON Section 913 and 915.4. Please note all "Warnings". 727 Old Creek Road CLAIMANT:Danville, CA 94526 ATTORNEY: Date received ADDRESS: BY DELIVERY TO CLERK ON September 1, 1987 CC BY MAIL POSTMARKED: no date 1. FROM: Clerk of the hoard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. September 3 1987 PpHHIL BATCHELOR, Clerk DATED: P BY: Deputy ,C L. Hall 11. FROM: County Counsel, TO: Clerk of the Board of Supervisors lot (K Thi A claim complies substantially with Sections 910 and 910.2. COunt Y Counsel ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so not 81t, claimant. The Board cannot act for 15 days (Section 910.8). r' 1987 Martinez, CA 94553 ( ) 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 •1 (X� This Claim is rejected in full. Other: I certify that this is a true and correct copy of the Boar Order entered in its minutes for this date. SEP 2 9 1987 ;' ` Dated. PHIL BATCHELOR, Clerk, By , /! `t -_ . _ 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: SEP 3 .0 1987 BY: PHIL BATCHELOR by ` �. '.L�.-9eputy Clerk CC: County Counsel County Administrator 1• NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM County Counsel T0: Thomas D. BoyntonrN ��, AII(; 23 1987 727 Old Creek Road Martinez Danville CA 94526 CA 945�� Re: Claim of THOMAS D. BOYNo� Please Take Notice .as follows : 6t ' e 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 i.risutficent for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimaint . 2 . The claim rfails to state the post office address to which the person presenting the claim desires notices to be sent . 3. The claim fails to state the date, place or other circum- stances of the occurrence or transaction which gave rise to the claim asserted. 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. x 5 . The claim fails to state the amount claimed as of the date of rDresent.ation, the estimated amount of any prospective injury, damage, or loss so far as known, or th basis of �� computation of the amount claimed. (&5_7 �c2 �v x�w116 L( 6 . The claim is not signed by the cla�an� so�" erson v on his behalf. 0 _ 7 . Other : Please state an estimated amount of loss . P _ lease _ state-wFiether the bike trail is maintained by the County or the City of Walnut Creek. s IS y►.. 1ac 'M-Z_ /3�T S S c�-c� g c 'r' 1 S �-C VICMR J. t,FSIMAN, County Counsel S (>ZU t iu � ZZB ` Cy iji !1i'f F�FDeput County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§1012 , 1013a, 2015. 5; Evid.C. §§641 , 664) My business address is the County Counsel ' s Office of Contra Costa County, Co.Admin. Bldg. , P.O. Box 69 , Martinez , California 94553 , and I am a citizen of the United SLates, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true cony of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing it in an envelope (s) addressed as shown above (which is/are place (s) having delivery service by U.S. Ma_, l) , which envelope (s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: August 18 , 1987 at Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INti.:FrICIENCY OF CLAIM: GOVT. C. §9910, 910. 2 , 910.4 , 910 . 8) CLAIM r -30ARD 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 September 29 , 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: $2 , 171. 24 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: LISA MCMILLAN 150 Admiral Callaghan ATTORNEY: Vallejo , CA 94591-0615 Date received ADDRESS: BY DELIVERY TO CLERK ON August 28 , 1987 BY MAIL POSTMARKED: August 27 , 1987 Certified P 117 296 675 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Au ust 31 , 1987 PpHHIL BATCHELOR, Clerk DATED: g BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors County Counsel (�V This claim complies substantially with Sections 910 and 910.2. cc ( )\ This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifyU P 0 11987 claimant. The Board cannot act for 15 days. (Section 910.8). Martinez, CA 94553 ( ) 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: Oeputy 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. SEP 2 9 1987 Dated: PHIL BATCHELOR, Clerk, By r, r E_ .__ Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today 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. Llw_� Dated: $EP 3 0 1987BY: PHIL BATCHELOR b �De ut Clerk yP y CC: County Counsel County Administrator CLAIM TO: 1 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant Return original application to Clerk of the Board 651 Pine St., Room 106 Martinez, CA 94553 A. Claims relating to causes of action for death or-10'r 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. nee:ee�e*a��e•�►,��,►tit:��*e�*::*:,�r*e��t*e�e�:*:ewt�eR•«�*sere*��*ttt* RE: Claim by )Reserved for Clerk's filing stamps ICEIVED ) Against the COUNTY OF CONTRA COSTA) "1�'or DISTRICT) in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ ;�/ ;2 and in support of this claim represents as follows: �. mien �iid the damage or �n3ury occui? Give exact date ani ESUT s. i�nere �i� tie damage cr �n3uzy occur? nc�ude city and counm 3. Bow did the damage or-UN-ii occur? �Giv`e- u�� details, use extra sheets if required) -------��--.j.�-r---�---�-..�- �-♦----�-�-- �-�--- � --��-T��i ��r.X-'+'C JLC 4. 1�that particular act or omission on the part o� county or distr�c officers, servants or employees caused the injury or damage? zv,,c/c �� . ✓ s. i - That are the names of county or district officers, servants or' employees causing the damage or injury? 6. W�iat damage or �n�uries do you claim resulted? ZGtveull. extent of inj ries or damages claimed. Attach two estimates for auto damage X12 J- 7 r------- •-------------------••-----••------------�.-T -r- . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) S/.'l•- ��T lI? �L1 'E�GI�S J�L'JCc�' C%'%CC%� rte''".///.�'G� �� G,!��i'[kC-� S. Names and addresse sof witnesses, doctors and hospitals. �. Llst the expenditures you made on account of this accident or Injury: DATE ITEM AMOUNT 71- Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney _ Claimant's ignature Address l% Telephone No. Telephone No. ;- S5-{ &I S �:«:««««««:��*�«��e*«�:t�:::,�««*::t«t«:«:««*r«�::*�*�«,�:««««««tom«««::««««* VOTICE 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. " r r � G l r7• � :f� ,J � ff . L L O -! y� f.µe `p ~� 1. Y tj �T •� a' jiz ZIF a•as�#r�."��i�'Lt z z`'4.a'. 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'y- '' �.,�».. z rr 7 c' xaF yy 1 r J. 3� �•� s' +Ts`,�"r' ..�' ,.' 3 a. u i, z ��" ;^*t�' As7v.�5�cp,,,'a + i'.t:i a- •i-..,,.. q' t g ' °Tt'" s `•'Y "& rc'{ a < r 3� LY,t'.Jri. .w �h'L• •2hL .iE" -'•� a m 5% _ ''..XYi�i 4 'ra M Partes new.unbss C'-�`♦odad_.- A `>.:t. v' :.. DRIONAL ork OK d By..' -M 0. (Svc Adnso� els)Sublet tEIC)ExcMri Hrs @ M Tane'PM ..�. b'' a c1� ., , tu►used ta>�r ,m "" ne"tj;.PEAR S ' . OPEN ITEMS t'w� [ � MTSRHICES based an Standet�Fej[eloyue ��Pnce ERANGESrwITHOUT NOTICE � L'r <`,y;; f "serrlce Cher`gai eiey 6e added foripetig Re•'i aRf er"aileble'loc`all .REPLACED•PARTS S PAINT.MAT #JUNKED unlessnOwnei aaka Return of Parts`when ordei"n fa�Sd r 6oWe esUmete eased t u � �� . ^: a ;.. `f�•�� `� ' = or,�this mapectioq:;Additional Parts,:or La6or¢'marr`be`re`qquir�ed etfer:the:work hes`operied ys; , � + _.4Y• ` �R up damage previously"absaned` ,` 5TIMATE EXPIRES 30 DAYS AFTER DATFYEaF' . a' • � �.as� iw`• ��x yt " ' ,F.• r "-L. ' i4:} SUBLET,NET ' `„✓ ',e�... r. .'� i .^s'oc+F�#,�f raT• A '„�; a ,v.;$fit.: ESTIMATE OF REPAIRS ARM FOR LABOR AND MATERIALS. S �z= ;' C ."�} F 1 r3. 251 SALES TAX ,1{ sa,iy 7,d,ir ,�'...- ..a-5. ''� +}- :u `�dr R�,t :ss+ rt �INSU CE COEDUCTIBLE, MUSTBE y 5 .s '''�' �:. VERBAL AGREEMENTS NOT BIND�I�N,G s = t PAID BEFORE CAR tS RELEASED s •f, «ESTIMATE-T L _ s Lir ',sd f ��*,.� .1;i s ,Cx�: iy�h 4 a a. �1 i yrt d `21, 7 ! '.. s. 1s't�t * AdV C. P.S J C •� � 5 � .'v.?�«:�^ »,ye�+1r -' z '!� rin r:,w�*.e�`��y�� r,T`r'm' � � y a•t-!r -�T» , T,1086 048!0 RICK OKLAHOMA CITY , ..attar a` l47 F ? ♦vr,+ } +„ft ` {' OTAL S ru� ¢w CLAIM ."OARD 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 September 29 , 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 .,i-rs „nt to �evernment. Code Amount: $5 , 00.0 . 0 0 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: RONNIE BUCKLEY c/o Michael Freund, Esq. ATTORNEY: 1915 Addison Street Berkeley, CA 94704 Date received ADDRESS: BY DELIVERY TO CLERK ON August 24, 1987 BY MAIL POSTMARKED: August 22 , 1987 I. FROM: Clerk of the,Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Au gust 31, 1987 PpHHIL BATCHELOR, Clerk DATED: g BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors County Counsel (/X This claim complies substantially with Sections 910 and 910.2. ( ) 87 This claim FAILS to comply substantially with Sections 910 and 910.2, and we are sso�nPoti ing9 8 claimant. The Board cannot act for 15 days (Section 910.8). Martinez, CA 94553 ( ) 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:. eputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present MThis 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. . SEP 2 9 1987 - ./� 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. SEP 3 0 1987 Dated: BY: PHIL BATCHELOR by , ) i6�_L._--Deputy Clerk CC: County Counsel County Administrator T. RECEIVED M;chael B. FreunJ Attorney At Law AUG �1/1987 1915 Addison Street lb On aAM Berkeley, GA 94704 lily �lily (415) 540-1992 CLAIM AND DEMAND AGAINST CONTRA COSTA SHERIFFS DEPARTMENT Claimant Ronnie Buckley hereby makes claim against the Contra Costa Sheriffs Department for the sum of $5 ,000.00 and makes the following statements in support of the claim. 1 . Claimant 's address is 315 Maine Street, Richmond , California. 2 . Any response to this claim should be sent to claimant ' s attorney, Michael Freund, Esq. , 1915 Addison Street, Berkeley, California 94704. 3. The date and place of the occurrence giving rise to this claim are May 30, 1987 at Richmond, California. 4. The circumstances giving rise to this claim are as follows: At the above time and place Ronnie Buckley was riding his moped in Richmond when he was stopped by Sheriff M Dunaway. The Sheriff ran up to Mr. Buckley and ordered him against a wall which was complied with. The Sheriff grabbed Mr. Buckley ' s left hand, pushing it against the wall. The Sheriff told Mr. Buckley to lay on the ground but he couldn 't as he was being pressed against the wall. The Sheriff then hit Mr. Buckley hard with his billy club against the left arm below the elbow. Mr. Buckley posed no threat at all to the Sheriff and the Sheriff' s actions were definitely execessive under the circumstances and therefore constituted police misconduct . Mr. Buckley was seen by a nurse for his injury. 5 . Claimant ' s arm was very swollen for several days and caused much pain for two weeks before easing. During this time, Mr. Buckley was not able to use his left arm for normal activity. 6 . The name of the public employee causing the claimant ' s injuries is M. Dunaway. 7. The claim as of the date of this claim is $5, 000.00. 8 . The basis of computation of the above amount is as follows: General Damages (pain and suffering) . . . . . . . . . . . .$5,000.00 Dated : August '.xa, 1987 MICHAEL FREUND Attorney for Mr. Buckley CERTIFICATE OF SERVICE 1 I am a citizen of the United States and a resident of 2 the County of Alameda . I am over the age of eighteen years 3 and not a party to . the within entitled action; my business 4 address is 1915 Addison Street , Berkeley, California 94704 . 5 On August 22 , 1987 , I served the within 6 CLAIM AND DEMAND AGAINST CONTRA COSTA SHERIFFS DEPARTMENT 7 8 on the parties in said action , by placing a true copy 9 thereof enclosed in a sealed envelope with postage thereon 10 fully prepaid , in the United States Post Office mail box in 11 Berkeley , California and/or by hand delivery to said parties 12 addressed as follows: 13 Clerk, Contra Costa County Board of Supervisors 651 Pine Street 14 Martinez, CA 94553 15 16 17 I , Michael Freund declare under penalty of perjury 18 that the foregoing is true and correct . 19 Executed on August 22 1987 , at Berkeley, 20 California . 21 22 — 23 Michael Freund 24 25 26 27 28 r CLAIM /' 7 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the 3oard of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 29 , 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 (Paragraah IV below), given pursuant to Government Code Amount.v' -$57000, 000. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: GLEN A. HAMERSLEY c/o Stanley J. Bell, Esq. ATTORNEY: Law Offices of Stanley J. Bell 505 Sansome Street , 18th FlooTete received ADDRESS: San Francisco , CA 94111 BY DELIVERY TO CLERK ON August 27 , 1987 BY MAIL POSTMARKED: Sugust 26 , 1987 Certified P 582 827 023 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, pH gg DATED: August 31 , 1987 gYIL DeputyLOR, Clerk L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors County Counsel ( 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 nSoPy 0 19 87 claimant. The Board cannot act for 15 days (Section 910.8). Martinez, CA 94553 ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �5/,% / 4 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: I certify that this is a true and correct copy of the Board's Order„ entered in its minutes for this date. Dated: SEP 291987 PHIL BATCHELOR, Clerk, By -r1 /C,L•� =� , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You 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 :an .Notice to Claimant, addressed to the claimant as shown above. SEP 3 0 1967 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Two Transamerica Center 19 505 Sansome Street, 18th Floor San Francisco, California 94111 20 Amount of Claim: 21 Special damages and expenses proximately caused by the occur- 22 rence described below and general damages in the sum of FIVE MILLION 23 DOLLARS AND No/100 ' s ($5,000 ,000 . 00) . 24 25 26 I ' V J I Date and Place of occurrence giving rise to the Claim asserted: 2 On or about the 22nd day of May, 1987 on Market Street at the 3 intersection with Clayton Road in the City of Concord, County of 4 Contra Costa, State of California. 5 Description of Occurrence: 6 That on or about the aforementioned date and for some time 7 prior thereto, the above-named public entities, by and through their 8 agents, servants and employees, negligently and carelessly control- - 9 led, supervised, designed, constructed, altered, repaired, owned, 10 maintained, operated and entrusted the aforementioned roadway and .4 � - �� intersection so as to proximately cause and permit said roadway and ZoZ oQoP A� � < intersection to be in a dangerous, defective and unsafe condition QQum�d " 12 r < -0 ^ �$° � - 13 in that there were insufficient and inadequate signs, signals or ao� 14 other proper control devices, including a three-phase signal system �m 15 at said roadway and intersection to direct the vehicle traffic flow 16 in a safe and proper manner; thatin all respects the unsafe condi- t7 tions as stated above constituted a trap 'for persons and vehicles 18 at said roadway and intersection and further in that they allowed 19 it to be confusing to persons and vehicles using said roadway and 20 intersection; thereby creating a reasonably foreseeable and sub- 21 stantial risk of injury to persons using said roadway and inter- 22 section; that said public entities, and each of them, were further 23 negligent and careless in that they knew, or in the exercise of 24 ordinary care should have known, of the dangerous condition of said 25 roadway and intersection and the risk of injury created by same, 26 and failed to remedy said conditions, having a 4easonable opportunit -2- 1 I to do so; that as a direct and proximate result of the negligence 2 and carelessness of said public entities , and each of them, as- 3 aforesaid, and a.s _.a further direct and proximate result of the 4 dangerous and defective condition of public property, as aforesaid, 5 while claimant was riding his motorcycle on Market Street, a 6 vehicle operated by James P. Shields made a left turn in front of 7 claimant, thereby causing claimant to strike the vehicle, and 8 causing claimant to sustain severe personal injuries. 9 DATED: August 26 , 1987. 10 a - LAW OFFICES STANLEY J. BELL z ' o ,; 11 z1F � < 8 _ By: � : 13 STANLEY J. z7o.,-u°z Attorneys or Claimant a ou =° 14 F obi " °' " 15 !1� ;< Go 16 17 18 19 20 21 22 23 24 25 26 -3- RE: Claim of GLEN A. HAMERSLEY ACTION NO. : PROOF OF SERVICE BY MAIL - C.C.P. §1013a, 2015 . 5 I , the undersigned, hereby declare that I am a citizen of the United States, over the age of eighteen years , and not a party to the within action. I am employed by the LAW OFFICES OF STANLEY J. BELL. My _ business address is 505 Sansome Street, 18th Floor, San Francisco, California, 94111. I -served a true copy of CLAIM FOR DAMAGES FOR PERSONAL INJURIES by mail, by placing the same in an envelope, sealing, fully prepaid postage thereon and depositing said envelope in the U. S. Mail at San Francisco, California on August 26, 1987 STATE BOARD OF CONTROL STATE OF CALIFORNIA 770 "L" Street Sacramento, CA 95814 BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 651 Pine Martinez, CA 94553 CITY COUNCIL CITY OF CONCORD 1957 Parkside Drive Concord, CA 94519 I declare under penalty of perjury that the foregoing is true and correct . Executed in San. Francisco, California on August 26, 1987. �T, Donna L. Koteke CLAIM 1, T 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 September 29 , 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: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (DAIGLE, HUBERT.) c/o Mike McNerthney ATTORNEY: 333 Civic Drive Pleasant Hill, CA 94524 Date received ADDRESS: BY DELIVERY TO CLERK ON August 24, 1987 BY MAIL POSTMARKED: August 21, 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. gATCHELOR, Clerk EVIL: BY DATED: August 31 , 1937 y L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors COUnty COU ( ) This claim complies substantially with Sections 910 and 910.2. c nsel (> This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so no � �' �98� claimant. The Board cannot act for 15 days (Section 910.8). Martinez, Cq 84553 ( ) 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: AV Dated: �jj�/ � / BY: � 04 �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: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: S E P 2 9 1987 PHIL BATCHELOR, Clerk, By , l l ' Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You 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. SEP 3 0 1967 / / ' Dated: BY: PHIL BATCHELOR by / (J C -L- Deputy Clerk CC: County Counsel County Administrator STATE FARM MUTUAL ❑ AUTOMOBILE INSURANCE COMPANY STATE FARM GENERAL INSURANCE COMPANY _ STATE.FARM FIRE STATE FARM COUNTY MUTUAL iJN 5UItANC� ❑ AND CASUALTY COMPANY ❑ INSURANCE COMPANY OF TEXAS DATEOUR INSURED ACCIDENT DATEAoUF10CLAIM NUMBER' GC; Dai-le, Aubert S 3 °7 0206 404 INSURED YOUR FILE NUMBER YOUR IA 015 YOUR INSURED'S ADDRESS *PLEASE REFER TO THE CAPTIONED CLAIM NUMBER WHEN REPLYING. From: STATE FARM INSURANCE CLAIM OFFICE Cleric of the Board of Sun_ ervisors Doo...^m, 106 County Administration Buildin-- 651_ Pine Street .-artinez, CA 94553 L J By: hike ''cl'ertl.ne;r Claims Renresentative Fold— We old—We have been informed that you are the insurance carrier for the party designated as your insured in the caption of this letter. Our investigation of this accident establishes that your insured was responsible for this accident. ❑ Please accept this letter as notice of our subrogation rights under ❑ Personal Injury Protection (PIP) Ex Vehicle Damage ❑ Medical Payments Coverage (MPC) ❑ Other: Qx J Should we be called upon to make payment under our policy, we will be looking to you for reimbursement. ❑ We have made the following payments and request reimbursement as shown below: Net Vehicle Damage Other Name of our Payee PIP/MPC Payment (Less Salvage) Payment/Expense* $ $ $ $ -R lrz;z:� I vErN 7 cc: 5170 C P 0 t Net Amount Paid Insured Vehicle By Company $ Deductible$ TOTAL Attachments: G 43791 PRINTED IN U.S.A. CLAIM /' 7 t. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Bard of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT September 29, 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: $23 . 90 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: IIARY F. YORK c/o Roy Wong ATTORNEY: P.O. Box 5356 Hercules , CA 94547 Date received ADDRESS: BY DELIVERY TO CLERK ON September 1 , 1987 BY MAIL POSTMARKED: no date 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. P 8Y Se September 3, 1987 PpHHIL BATCHELOR, Clerk DATED: : Deputy L. Hall II. FROM/: County Counsel TO: Clerk of the Board of Supervisors (�O This claim complies substantially with Sections 910 and 910.2. Cp (, )\This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so no ifying COunS@l claimant. The Board cannot act for 15 days (Section 910.8). �4 P a 198? Martifla2 ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late &6914eagSS3 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 This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Boar 's Order entered in its minutes for this date. / SEP 2 9 IV- / Dated: PHIL BATCHELOR, Clerk, By i /` G! l _ Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You 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. SEP 30 1981 Dated: BY: PHIL BATCHELOR by ��. Deputy Clerk CC: County Counsel County Administrator CLAI i TO: BOARD OF SUPERVISORS OF CONTRA CO t_Q yapplicationto: F Instructions to ClaimantC'•erk of the Board f.51 Martinez,Calif omia 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 t:an the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims s..ust be filed against each public entity. . E. Fraud. See penalty for /fraudulent claims, Penal Code Sec. 72 at end oT—this form. RE: Claim by )Reserved for Clerk's filing stamps Mary F. York ) ) RECEIVED Against the COUNTY OF CONTRA COSTA) / 497 or DISTRICT) snT (Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 23.90 and in support of this claim represents as follows: _ -------------------------------------------------=-------------- ---- When did the damage or injury occur? (Give exact date and hour] On August 19, 1987, Deputy Kimball deliberately and i4th malice threw out two of my personal underwears and commission items that I had purchased. .y�3;Tixere did tie .damage or in3ury occur? (Include city and county) 901 Court Street, Martinez, CA. 94553. M-Module, Room 16. 3. How did the damage or injury occur? (Give full-details, use extra . sheets if required) my roommate Carol Kretchmer, a heroin addict, was yelling and the night deputy put me in a cacant room #18 for an hour until things cooled down. Day Deputy, Kimball, came on duty, refused to let me get my-personal items because. she (Kretchmer) said "Don't let her take the toilet paper". -----------=------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Deputy Kimball refused to le`f�me get my personal items. (over) / 7 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT September 29 , 1987 Aga nst,-the County, Routing ) Th= Tcry s do(,!*pent "1.1 pr' 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: ERIC 114ORTENSEN c/o Anthony S. Petiru Attorney: 414 Thirteenth :Street Oakland, .ICA 94612 Address: Amount: $10, 000. 00 By delivery to Clerk on August 31 , 1987 Date Received: August 31 , 1987 By mail, postmarked on August 28 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application t . Fi a Late Claim. DATID:August 31 , 1987 PHIL BATCHELOR, Clerk, By Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of �0��sel ( ) The Board should grant this Application to File Late Claim (Section 911.6$EP 04-1987 , The Board should deny this Application to File Late Claim (Section 911Y !ne2, CA 94$53 DATED: VICTOR WESTMAN, County Counsel, By puty V 47 II. BDARDIDRDER By unanimous vote of Supervisors Irresent (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. - 'S E P 2 9 1967 _ DATE: PHIL BATCHELOR, Clerk, By ' 2 - Deputy WARNING (Gov. Code (911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If M want to consult an attorne you should do so i®ediatel . IV. FROM: Clerk of the Board TO: County Counsel 2 County A s 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: SEP 3 0 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 I APPLICATION TO FILE LATE CLAIM AGAINST PUBLIC ENTITY 2 ii In the Matter of the Application for Permission to File Late II Claim of 3 �i ERIC MORTENSEN, Claimant, 4 i VS . 5 6 CONTRA COSTA COUNTY; STATE OF CALIFORNIA, DEPARTMENT OF BOATING AND WATERWAYS; AND THE UNITED STATES CORPS OF ENGINEERS, iI DEPARTMENT OF THE ARMY, Public Entities . 7 1 . Eric Mortensen hereby applies to the City Council of g Contra Costa County and the State Board of Control for the Department of Boating and Waterways of the State of California g !' for leave to present a claim against Contra Costa County and a' the State of California, Department of Boating and Waterways 10 pursuant to §911 . 4 of the California Government Code . i 11 ; 2. The cause of action of Eric Mortensen as set forth in his II proposed claim attached hereto, accrued on May 9, 1987, a 12period within one year from the filing of this application. 13 3 . Eric Mortensen' s reason for the delay in presenting his 14 I claim against Contra Costa County and the State of California, j i; Department o� Boating and Waterways is as follows: Claimant was in a coma from May 9, 1987 through May 23, 1987 and was 15 unable to make necessary decisions concerning his legal 16 it affairs . DATE: August 28, 1987. 17 +i 18 HILDEBRAND, McLEOD & NELSON !I I 19 20 By: � T„� cJ2:s' I�?Ssry David B. Draheim for 21 Anthony S. Petru Attorneys for Claimant 22 414 Thirteenth Street Sixth Floor Oakland, California 94612 23 Telephone: (415) 451-6732 24 25 26 ' ILDEBRANO. McLEOD & NELSON. INC ATTORNEYS AT LAW RANSACTION BUILDING 414 TNIRT EENTN ST —AND.CA 94612-2 603 4516732 .i J +r, Ii • i! it it l CLAIM AGAINST PUBLIC ENTITY i 2 i� In the Matter of the Claim Of i 3 ERIC MORTENSEN, Claimant, it ii 4 vs. i; 5 !! CONTRA COSTA COUNTY; STATE OF CALIFORNIA, DEPARTMENT OF BOATING AND WATERWAYS; AND THE UNITED STATES CORPS OF ENGINEERS, 6 ii DEPARTMENT OF THE ARMY , Public Entities. i 7 )i Eric Mortensen, claimant, hereby presents his claim to Contra 8 Costa County; the State of California , Department of Boating and Waterways, and the United States Corps of Engineers, 9 Department of the Army, pursuant to Section 910 of the California Government Code and the Federal Tort Claims Act. 10 i. 1 . The name and post office address of Eric Mortensen, 11 claimant, is as follows : 14280 Rose Drive, San Leandro, i California 94578 . 12 ' 2 . The post office address to which Eric Mortensen desires 13 notice of this claim to be sent is as follows : 14280 Rose i Drive, San Leandro, California 94578 and 414 Thirteenth Street, 14 6th Floor, Oakland, California 94612, attention Anthony S. !, 15 Petru. i I V; 3. On May 9 , 1987, in the Italian Slough approximately 1/2 16 l mile north of the Lazy M Marina near Byron, California claimant 17 received personal injuries under the following circumstances: Claimant was waterskiing in mid-channel and . struck a rock 18 I levee. i! 4 . Eric Mortensen incurred personal injury of a permanent 19 1! 'I, nature to include brain damage, including memory loss, and 20 1! injury to the left side of his body. Eric Mortensen was i injured as a result of striking a rock levee while waterskiing 21 i in an area which was not marked as an unsafe or dangerous area li for skiing. 22 j! 5 . So far as it is known to Anthony. S. Petru at the date of 23 filing this claim, Eric Mortensen has incurred damages in excess of $10,000 due to the following injuries: being 24 comatose from May 9, 1987 through May 23, 1987, brain damage, and physical injuries to the left side of his body. 25 6 . DOES 1 through 25, inclusive, are responsible for the 26 injuries suffered by claimant for their negligence in not properly warning or marking an area to be unsafe for waterskiing. ILOEBRANO. McLEOO & NELSON. INC ATTORNEYS AT LAW TRANSACTION BUILDING 414 THIRTEENTH ST i —LAND,CA 94612 2603 4516732 i i i ii 7 . At the time of presentation of this claim, Eric Mortensen 2 claims damages in the amount of Ten Million Dollars, including I, approximately Five Million Dollars due to prospective injuries 3 Ij and damage, computed on the basis of the following: lost wages I� continuing from May 9, 1987, loss of benefits from May 9 , 1987, 4 medical care, rehabilitation, future medical care, future I; rehabilitation, future loss of earnings and loss of earning 5 capacity. 6 iI DATE: August 28 , 1987. 7 HILDEBRAND, McLEOD & NELSON 8 9 By: ti�r - ci�% tip David B. Draheim for 10 Anthony S . Petru I Attorneys for Claimant 11 ! 414 Thirteenth Street Sixth Floor 12 Oakland, California 94612 I +' Telephone: (415) 451-6732 ` 13 1; 14 15 16 l 17 I j 18 i 19 jl 20 1 ` 21 II I 22 i 23 1 24 4 25 26 i ILDEBRAND. MCLEOD j & NELSON.1NC ATTORNEYS AT LAW TRANSACTION BUILDING 414 TN I RTEENTN ST D. sKLANCA 94612 2603 4516732 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM CALIFORNIA BDARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT September 29 , 1987 -Aga -nstW the County, Routing ) The copy of this document wailed 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 MWARNING" below. Claimant: ERIC MORTENSEN c/o Anthony S. Petru Attorney: Attorney at Law 414 13th St. 6th Floor Address: Oakland, CA 94612 Amount: $10, 000. 00 By delivery to Clerk on September 2 , 1987 CC Date Received: September 2, 1987 By mail, postmarked on August 28 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application o F e Late Claim. DATED: Sept . 3 , 1987 PHIL BATCHELOR, Clerk, By Deputy Hall II. FROM: County Counsel TO: Clerk of the Board o ors °use! ( ) The Board should grant this Application to File Late Claim (Section 911S6")4 a 1.198, (}� The Board should deny this Application to File Late Claim (Section 91�I".tme1, C'0 84553 DATED: CTOR WESTMAN, County Counsel, By puty III. BOARD ORDER By unanimous vote of Supervisors sent (Check one only) ( ) This Application is granted (Section 911.6). ( This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. 87 SEP 2 9 ?9 DATE: PHIL BATCHELOR, Clerk, By 1-1u/i�< � _ Deputy WARNING (Gov. Code 5911.8) If you wish to file a oourt action on this matter, you must first petition the appropriate oourt 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 applioation for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to oonsult an attorney, u should do so immediately. V. 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 Board's copy of this Claim in accordance with Section 29703. i DATED: S E P 3 0 1987 PHIL BATCHELOR, Clerk, 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 w 1 APPLICATION TO FILE LATE CLAIM AGAINST PUBLIC ENTITY 2 In the Matter of the Application for Permission to File Late Claim of .3 ERIC MORTEN'SEN, Claimant , 4 Vs . _. 5 CONTRA COSTA CO[JNTY; STATE OF' CALIFORNIA, DEPARTMENT OF BOATING 6 AND WATER4IAYS; AND THE UNITED STATES CORPS OF ENGINEERS , DEPARTMENT OF THE ARMY, Public Entities . 7 1 . Eric Mortensen hereLy applies to the City Council of 8 Contra Costa County and the State Board of Control for the Department of Boating and Waterways of the State of California g for leave to present a claim against Contra Costa County and the State of California, Department of. Boating and Waterways 10 pursuant to §911 . 4 of the California Government Code . 11 2 . The cause of action o_ Eric Mortensen as set forth in his proposed claim attached hereto, accrued on May 9 , 1987 , a 12 period within one year from the filing of this application. 10 3 . Eric Mortensen' s reason for the dela- in presenting his 14 claim against Contra Costa County and the State of California, Department of Boating and Waterways is as follows : Claimant 15 was in a coma from Mal, 9 , 1987 through May 23 , 1987 and was unable to make necessary decisions concerning his legal 16 affairs . 17 DATE: August 28 , 1987. 18 HILDEBRAND, McLEOD & NELSON 19 IV+'i lJ By. 20 ,CEI .'� David B. Dr beim for 21 Anthony S. Petru Attorneys for Claimant 22 ` o� 414 Thirteenth Street j' Sixth Floor 23 !; Oakland, California 94612 Telephone: (415) 451-6732 2 4 N 25 26 r IILDEBRAND McLEDD & NELSON INC AT104NE'S AT LA V i R4NS :*iJN Ba;l.D tG ; 414 T—r EE—. ST —LAND Cs 94612 2603 lj 451 6732 I County Counsel 1 CLAIM AGAINST PUBLIC ENTITY AUG 3 1 1987 i 2 In the Matter of the Claim Of Martinez, CA 94553 3 !;_ ERIC . MORTENSEN, Claimant..,_:_ .. - 4 i --- v S . - g CONTRA COSTA COUNTY; ST?-TE_OF CALIFORNIA, DEPARTMENT OF BOA^tING AND WATERWAYS ; AND THE - UNITED STATES CORPS OF ENGINEERS , 6 ,; DEPARTMENT OF THE ARMY , Publ i c Entities . 7 Eric Mortensen, claimant, hereby presents his claim to Contra 8 Costa County; the State of California , Department of Boating and Waterways, and the United States Corps of Engineers, g Department or the Army , pursuant to Section 910 of the California Government- Code and the Federal Tort Claims Act. 10 1 . The name and past office address of Eric Mortensen, 11 claimant, is as follows : 14280 Rose Drive, San Leandro, California 54578 . 12 13 2 • The post office address to which Eric Mortensen desires notice of this claim to be sent is as follows : 14280 Rose 14 Drive , San Leandro, California 94578 and 414 Thirteenth Street, Cth Floor, Oakland, California 94612 , attention Anthony S . 15 Petru. 16 3 . On May 9 , 1987 , in the Italian Slough approximately 1/2 mile north of the Lazy M Marina near Byron, California claimant 17 received personal injuries under the following circumstances: Claimant was waterskiing in mid-channel and struck a rock 1.8 levee. 19 4 . Eric Mortensen incurred personal injury of a permanent nature to include brain damage, including memory loss , and 20 injury to the left side of his body. Eric Mortensen was injured as a result of striking a rock levee while waterskiing 21 in an area which was not marked as an unsafe or dangerous area for skiing. 22 5 . So far as it is known to Anthony S . Petru at the date of 23 filing this claim, Eric Mortensen has incurred damages in excess of $10, 000 due to the following injuries : be_ng 24 comatose from May 9 , 1987 through May 23 , 7.987 , brain damage, and physical injuries to the .left side of his body. 25 6 . DOES 1 through 25 , inclusive , are responsible for the 26 injuries suffered by claimant for their negligence in not i, properly warning or marking an area to be unsafe for waterskiing. I� r ILOEBRANO MCLEOJ !V & NELSON INC !� ATTORNF.YS AT LAW RANSAC :C 1. B-L—. at4 T—IELl— ST n..ANP CA 94612 2663 451 6732 J i i 1 I; 7 . At the time of presentation of this claim, Eric Mortensen 2 I' claims damages in the amount of Ten Million Dollars , including approximately Five Million Dollars due to prospective injuries 3 and damage , computed on the basis of the following: lost wages continuing from May 9 , 1987, loss of benefits from May 9, 1987, 4 i' medical care, rehabilitation, future medical care, future rehabilitation, future loss of earrings and loss of earning 5 capacity . 6 DATE: August 28 , 1987. i 7 HILDEBRAND, McLEOD. & NELSON 8 9 By: David B. Draheim for 10 Anthony S . Petru Attorneys for Claimant 11 414 Thirteenth Street Sixth Floor 12 Oakland, California 94612 13 Telephone : (415) 451-6732 14 " 15 16 i 17 18 12, 20 I I 21 22 23 24 I 25 Ij 26 I� I r j I l LDEBAAND M:LEOD a NELSON INC ATTORNEYS AT LAW NSACTION BUIL9ING I 414 T--EE- 5, :LAN. CA 94612 2603 A51 6732 II / 7 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT September 29 , 1987 Against the County, tiit�i iiig dcct-„--mt 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: DERRELL W. WALDECKER c/o Jane Elliot Attorney: P. 0. Box 214 Martinez, CA 94553 Address: Amount: $500, 000. 00 By delivery to Clerk on August 31 , 1987 Date Received: August 31 , 1987 By mail, postmarked on August 28 , 1987 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above noted Application t i La a Claim. DATED: August 31 , 19 8 7 PHIL BATCHELOR, Clerk, By Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board ofyP rs °unsel ( ) The Board should grant this Application to File Late Claim (Section 911.fgEp a M 4, rssT ( The Board should deny this Application to File Late Claim (Section 91'f' ineZ) Cq 94553 :BATED: 0 Iq 1eq VICTOR WESTMAN, County Counsel, By a44eA& puty II. BUARD ORDER By unanimous vote of Supervisors ptlesent (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. P 1987 DATE: SE 2 9 PHIL BATCHELOR, Clerk, By '' r_ ` 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 M want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County A nis ra or Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof. has ben filed and endorsed on the Board's copy of this Claim in accordance With Section 29703. / DATED. SEP 3 1967PHIL BATCHELOR, Clerk, By Y1/-- 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 Aug-us t 2?, 1987 Application for Leave to File a Late Claim Derrell W. Waldecker hereby applies, rursuant. to Governm,(ent. Code Section 911.4 for permission to file a late claim. Said claim is attached hereto and incorp- orated herein by reference. Since the actions complained of occurred on or about May 4, 1987 and 100 days date for Presentation of claims was on or about August 14,1987 the City of Walnut Creek would in now way be prejudiced by the filing of this claim. Dated: August 27, 1987 Derrell W. Waldecker Claimant est a 8 r August '27, 1987 In the Matter of the Claim of Derrell W. Waldecker CLAIMANT Vs City of Walnut Creek, Walnut Creek Police Department, Officers Stewart and Hengst and DOES 1-X, inclusive Claimant, Derrell W. Waldecker, here b-: presents this claim to the Board of Super- visors of Contra Costa County, pursuant to Section 910. Government Code. 1. The name and post office address of Derrell W. Waldecker is as follows; Derrell W. Waldecker 901 Court St. Martinez, Ca. 94553 2. The host office address to which Derrell W. Waldecker desires notice of this claim to be sent is as follows: Derrell W. Waldec'cer C/0 Jane Elliot P.O. Box 214 Martinez, Ca. 94553 3. On or about May, 4,1987 in the City of Walnut Creek, Claimant was taker. to John Muir Hospital Emergency Room by Walnut Creek, Police Department by officers Stewart and DOES 1-V, inclusive for emergency medical treatment. Officer Stewart was eventually joined by Officer Hengst WCPD at the hospital. Claimant is informed and believes and thereon alleges that during ti-e course of the emergency medical treatment, Officer Stewart, Pfficer Hengst, and DOES 1-V, in= clu�ive, and eech of them, unreasonably hurried, rushed, ar_d other-wise prevented the attending Physicians from, performing; his duties that said physician was forced to cease his efforts to treat Claimant before such treatment was com;)leted. 4. As a direct result of the actions of Officers Stewart, Hengst, and DOES 1-V, inclusive, and each of them, Claimant incurred damages in an amount unknown at this time, due to the following: 1. Loss of strength in the ring finger and little finger of Claimant's left hand. 2. Frequent inability- of said fingers to close into a fist position, to re open. 3. Loss of sensation extending from the tip of little finger of left hand down the right side of the left hand, and extending to a point on the left arm approx- imately half way between the hard and elbow. 4. There is a lump in left wrist at the approximate location of a laceration, for observation and treatment of which Claimant was admitted to Contra Costa County Hospital. r (2) 5. The names and/or indentities of the public employees herein referred to as DOES 1-J, inclusive, are not known to Claimant at this time. 6. At the time of presentation of this claim Derrell W. Waldecker claims damages in the amount of X500,000 computed on the basis of rehabilitation costs, loss of future income, cost of future medical expenses, and physical and emotional paim suffering. Dated: August 27, 1;-F? /s/ Derrell W. Waldecker Claimant r