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HomeMy WebLinkAboutMINUTES - 10061987 - 1.19 CLAIM Z BOARDSUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 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. 1 the action taken nn n,tr ri?i.m Kv t,h� nnarrl of Supervisors (Paragraph IV below), giv ursuagt to Government Code Amount: $1, 000, 000. 00 Section 913 and �19nS�pesennote all "Warnings". CLAIMANT: CHRISTOPHER D. BURDICK, ET AL SEP 1 1' 1987 c/o Philip ii. Miller, Esq. ATTORNEY: Carroll , Burdick & McDonough Martinez, CA 94553 1 Ecker Building #400 Date received ADDRESS: Ecker & Stevenson Streets BY DELIVERY TO CLERK ON September 4, 1987 hand del . San Francisco, CA 94105 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. ; September 8 1987 PpHHIL BATCHELOR, Clerk DATED: epuy ) i 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: ? /� / j ��-' 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 (V<This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: OCT 6 M7 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: OC 1 7 BY: PHIL BATCHELOR by'-04W OL41 d eputy Clerk CC: County Counsel. County Administrator �`1R RECEIVED 1 ELIZABETH G. LEAVY PHILIP M. MILLER Sk P 4 ise7 2 CARROLL, BURDICK & McDONOUGH �' ;o PHIL BATCHELOR One Ecker Building, Suite 400 MAK BOARD vEgvlBOgs 3 NTgA T Ecker & Stevenson Streets San Francisco, CA 94105 4 Telephone: ( 415) 495-0500 5 6 Attorneys for Claimant 7 8 IN PROCEEDINGS BEFORE THE BOARD OF SUPERVISORS OF 9 THE COUNTY OF CONTRA COSTA 10 CHRISTOPHER D. BURDICK, JAMES ) B. CLAPP, DANIEL M. CRAWFORD, ) 11 RODNEY L. ESHELMAN, JACK T. ) FRIEDMAN, JAMES W. HENDERSON ) CLAIM 12 JR. , JUSTS N. KARLSONS, ) [California Code of Civil ELIZABETH G. LEAVY, BERTRAND ) Procedure 910] 13 BERTRAND LeBLANC II, RICHARD ) B. McDONOUGH, GARY M. ) 14 MESSING, DONALD T. RAMSEY, ) WILLIAM SORTOR, JOHN K. ) 15 STEWART, doing business as ) the professional partnership ) 16 entitled CARROLL, BURDICK & ) 17 McDONOUGH, ) ) 18 Claimant, ) v. ) 19 ) 20 COUNTY OF CONTRA COSTA, ) ) . 21 Respondent. ) ) 22 23 TO THE COUNTY OF CONTRA COSTA: 24 You are hereby notified that Christopher D. Burdick, James 25 B. Clapp, Daniel M. Crawford, Rodney L. Eshelman, Jack T. 26 Friedman, James W. Henderson Jr. , Justs N. Karlsons, Elizabeth G. r 1 Leavy, Bertrand LeBlanc II, Richard B. McDonough, Gary M. 2 Messing, Donald T. Ramsey, William Sortor, John K. Stewart doing 3 business as the legal partnership of CARROLL.- BURDICK & 4 McDONOUGH, claims damages resulting from the actions of 5 respondents as described below. 6 1 . Name of Claimant -- Christopher D. Burdick, James B. 7 Clapp, Daniel M. Crawford, Rodney L. Eshelmain, !Jack T. Friedman, 8 James W. Henderson Jr. , Justs N. Karlsons, Elizabeth G. Leavy, 9 Bertrand LeBlanc II, Richard B. McDonough, Gary M. Messing, 10 Donald T. Ramsey, William Sortor, John K. Stewart, doing business 11 as the legal partnership of CARROLL, BURDICK & `McDONOUGH. 12 2. Address to Which Notices Should Be Sent -- Philip M. 13 Miller, Esquire, CARROLL, BURDICK & McDONOUGH, ,One Ecker 14 Building, Suite 400, Ecker & Stevenson Streets,; San Francisco, 15 California 94105. 16 3. Date of Injury -- On or about June 6, 1987. Late in the 17 evening the office of the Sheriff of the County of Contra Costa 18 conducted a criminal investigation following the arrest of Mr. 19 Ronald Bell by members of the Sheriff ' s Department. Mr. Bell was 20 represented by Philip M. Miller, Esquire, an employee of 21 Claimant. Sergeant Steve Cole and Sergeant Richard Weckel, 22 employees of the County of Contra Costa Sheriffs Department, 23 surreptitiously videotaped and recorded confidential 24 communications between Mr. Bell and Mr. Miller. At the time of 25 the recording, Mr. Bell was in the custody of and on the property 26 -2- I County Sheriff 's Office in a holding facility , in Martinez , 2 California , he and his attorney , Philip Miller , and in a separate 3 conversation , he and his attorney Philip Miller and Sgt . Kerwin 4 of the BART Police Department were surreptitiously videotaped in 5 violation of Penal Code §636 . 6 3. The public employees who caused claimant 's injury , 7 damage and loss are Sgt . R . Weckell and other Sheriff 's Office 8 employees as yet unknown . 9 4. The injuries , damage and loss sustained by claimant 10 to date consist of: 11 a . Physical and emotional injuries and distress ; 12 b. Humiliation and embarrassment ;, 13 C . Interference with the preparation of a defense 14 in a criminal action which may result in a criminal conviction , 15 fine or imprisonment ; 16 d. Potential loss of employment and associated 17 future wage loss ; and 1s . e . Interference with claimant ' s civil rights pur- 19 suant to 42 U. S. C . §1983 • 20 5 . The injuries , damage and loss expected to be 21 incurred in the future include : 22 a . Physical and emotional injuries and distress ; 23 b. Humiliation and embarrassment ; 24 C . Interference with the preparation of a defense 25 in a criminal action which may result in a criminal conviction , 26 fine or imprisonment ; 27 d. Potential loss of employment and associated 28 future wage loss ; and LAM OFFICES OF WILL1.1.M R.RAPOPORT 1.0 PENINSULA A%F%UE -2- 1'.O.R().\561 SAN M Al F.O.CA 94402 (4151340-71U-, I e . Interference with claimant 's civil rights pur- 2 suant to 42 U .S.C . §1983 • 3 6 . All notices and communications with regard to this 4 claim should be sent to William R. Rapoport , 420 Peninsula 5 Avenue , P .O . Box 5817 , San Mateo , California 94402 , ( 415 ) 6 340-7107 . 7 DATED: September 3 , 1987 8 LAW OFFICES OF WILLIAM R. RAPOPORT 9 10 BY 11WILLIAM R . RA.P P RT Attorney for Claimant 12 RONALD L. BELL 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r I.A%%OFFICES OF . N'ILLIASI R.RAPOPOH7 ^II PE�I\SI:LA A%ENUE P.O.BOX 5817. SAN S1.A'rEO.CA 944U 141;1170.:M. ' 1 PROOF OF SERVICE BY MAIL 2 3 I declare that .I am a citizen of the United States and a 4 resident of California. I am over the age of eighteen ( 18) years 5 and not a party to the within cause . My business address is 420 Peninsula Avenue , Post Office Box 5817 , San Mateo , California 6 94402. On the below mentioned date , I served the attached docu- 7 -ent entitled : CLAIM FOR PERSONAL INJURIES on the following per- 8 sons by placing a true copy thereof enclosed in a sealed envelope with first class postage thereon fully prepaid in the United 9 States mail at San Mateo , California , addressed as follows : 10 Board of Supervisors County of Contra Costa 11 651 Pine Street , lst Floor Martinez , CA 94553 12 Contra Costa County Sheriff 's Office 13 651 Pine Street Martinez , CA 94553 14 I DECLARE , under penalty of perjury , that the foregoing 15 is true and correct , and that this declaration was executed at San Mateo , California , on : September 3 , 1987 16 i 17 18 PAULA KADDAS 19 Declarant 20 21 22 23 24 25 26 27 28 I..AN%OFFICES OF H11.1.1AN R.RAPOPORT 42.11 PE\I\iL:I.A AVENUE 1'0 BOX 5517 S.A\'NAI'EL C,AY44U2 O M 11U.0 I US CLAIM x.19 BOARD OF SUPERISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 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: $3, 000, 000 . 00 Section 913 and 915.4. Please note all "Warnings,". CLAIMA-NT:RICHARD PETTIJOHN 2055 Fox Way #11 Mau ATTORNEY:Concord, CA 94518 �a l September 4, 1987 hand del . SEp:�D t received Martrne2, ADDRESS: �vpy TO CLERK ON Se p B,Q p.,, V T94,%STMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. September 8 1987 ��IL BATCHELOR, Clerk DATED: eputy 1 L. Hall H. FROM: County Counsel TO: Clerk of the Board of Supervisors (X4. 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: �/,Q �� �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 (V-1, 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. app c Dated: OCT 6 W. PHIL BATCHELOR, Clerk, By (Io9 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. � Dated: OCT 7 BY: PHIL BATCHELOR by4 Deputy Clerk CC: County Counsel County Administrator CLAIM T 0: 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"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 imust be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) 8. 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—Ris form. RE: Claim by )nese for Clerk's filing stamps Against the COUNTY OF CONTRA COSTA) Or DISTRICT) --T-F'111 in name ) The undersigned claimant hereby makes claim against the Coun of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: iPFien a�a the aamage or �n�ury occur? ZGive exact sate and fiourj i+TFieze 8ia�tfi'e aemage oz In�ury occur? ZlncIude city ani county] 3. Bow did the damage or in3ury occur? ZGive IuII setaila, use extra sheets if required) { I l•'..�..C�, f l`(l.`C•" i,.'i��` ��_L .� L'i� �i; !�l ( 1 `�rC.. 1.('% —[t f—.1� Y�l.'c Z. 1l�iat particular act or oanlsslon on the part o county or sistrlct officers, servants or emloyees caused the injury or damage? (over) 5, 19.:�:at,•aure the names of county or district officers, servants or' employees• causing the damage or injury? LCL07- 6. W�iat damage or �nluries do you claim resuIte3? ZG�veul� extent of inj ies or damages claimed. Attach two estimates for auto damage Ccs 7. How was the amount claimed above computed? Include ae e-RUited amount of any prospective injury or damage. ) 2. r t .. C. �.[ -�� f -------------� -- --- - - - -- ------ --'--------------- 8. Names and addresses of witnesses, doctors and hospitals. �. List t5e expenditures you made on account of this accident or �n ury: DATE �. , .... ... .. .. ._. �.. . . ........ ITEM „ AMOUNT � �,,,..�.• Govt. Code Sec. 910.2 provides : "The,-claim signed. by the claimant SEND NOTICES TO: (Attorney) or-- b sot� _Persm on bis behalf. " Name and Address of Attorney C a ants Signature Address - Telephone No. Telephone No. G-Z NOTICE Section 72 of the Penal Code provides: 'Every person %,-ho,-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."