Loading...
HomeMy WebLinkAboutMINUTES - 02021988 - 1.2 (2) CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 'Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 2 , 1988 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®f®ffM1f,6b%Se1 Amount: $25 ,000. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: CRAIG GOMEZ JAN 0 G 1988 c/o John C. Willbrand, Esq. Martinez, CA 94553 ATTORNEY: 2280 Diamond Blvd. #440 Concord, CA 94520 Date received ADDRESS: BY DELIVERY TO CLERK ON December 30, 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. IL gATCHELOR, Clerk DATED: January 6 , 1988 ��: Deputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (*j1 This claim complies substantially with Sections 910 and 910.2. (/ ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: h MM 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. BOARDORDER: By unanimous vote of the Supervisors present (t-*/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 2 1988 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 4 . 1988 BY: PHIL BATCHELOR by De ty Clerk CC: County Counsel County Administrator • 41 f JOHN C. W[LLBRAND T ATTORNEY AT LR h��AW 1".i` V'Ei j'1 COMMERCE CENTER �✓ 2260 DIAMOND BLVD.. SUITE 440 OEC Sp 1987ELEPHO E: 676-8600 AR CODE:415 CONCORD, CALIFORNIA 94520 CLAIM FOR DAMAGE O L 8 MELON e ISORS ey ' • TO: COUNTY OF CONTRA COSTA Claimant CRAIG GOMEZ , whose address is c /o John C. Willbrand, 2280 Diamond Blvd. , Suite 440, Concord, CA 94520, hereby makes claim against the County of Contra Costa for the sum of $25,000.00 and makes the following statements in support of the claim: 1. All notices concerning this claim shall be directed to the following: John C . Willbrand, Esq. 2280 Diamond Blvd. , Suite 440 Concord, CA 94520 2. The conduct giving rise to the claim occurred on October 7, 1987. 3. The circumstances giving rise to the claim are as follows: Claimant appeared for arraignment in the Walnut Creek- Danville Municipal Court on October 7, 1987. At that time , The Honorable Barbara Zuniga ordered claimant into custody without legal cause. Claimant was not afforded an opportunity to explain and claimant was forcibly and unlawfully placed into custody in the presence of approximately 100 people present in Court, all to his humiliation, embarrassment and damage. 4. Claimant seeks TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) in general and special damages as a result of the actions and inactions of the County of Contra Costa. DATED: December 14, 1987 JO N C . WILLBRAND�,- Attorney for CRAIG GOMEZ APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT February 2 , 1988 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 Counsel Claimant: HELEN DIEM c/o Rodney M. Sweet JAN U U 1999 Attorney: Attorney at Law Sweet & Kleinman Martinez, CA 94553 Address: P. O. Box 549 Lafayette, CA 94549-0549 hand del . Amount: $1, 000, 000. 00 By delivery to Clerk on January 4, 1988 Date Received: January 4, 1933 By mail, postmarked on no envelope I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above noted Application to Fi Late Claim. DATED: January 6, 1988 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: VICTOR WESTMAN, County Counsel, By puty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( )/ This Application is granted (Section 911.6). ( V) 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 2 1988 PHIL BATCHELOR, Clerk, By • � Deputy WARNING (Gov. Code 1911.8) 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 oonnectian With this matter. If you Want to consult an attorney, u should do so Immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County A nis ra or Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof. has ben filed and endorsed on the Board's copy of this Claim in accordance With Section 29703. DATED: FEB 4 1988 PHIL BAT00.0R, 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 RODNEY M. SWEET RIPCEIVEID SWEET & KLEINMAN 2 1020 Aileen Street, P.O. Box 549 -T-*v -1-/ Lafayette, CA 94549-0549 p 3 (415) 284-1025 4 Attorneys for Claimant Ac 1W J. T 5 6 7 8 In the Matter of the APPLICATION FOR LEAVE 9 Claim of : HELEN DIEM TO PRESENT LATE CLAIM 10 Against: CONTRA COSTA COUNTY [Gov. Code §911.41 CALIFORNIA, Ln L Q 12 z c 13 TO: THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS: L 1 0 Z 0 :Z " o o - 14 1. Application is hereby made for leave to present a late claim under §911. 4 of the Government Code. The claim is founded tJ LU W 16 on a cause of action for personal injuries which accrued on � < r 17 February 12, 1987, and for which a claim was not timely presented. 18 For additional circumstances relating to the cause of action, 19 reference is made to the proposed claim attached hereto as Exhibit 20 "A" and made a part hereof . 21 2. The reason for the delay in presenting this claim is the 22 mistake, inadvertence, surprise, and excusable neglect of the 23 claimant as more particularly shown in the Declaration of Helen 24 Diem attached hereto. Contra Costa County California was not 25 prejudiced by the failure to timely file the claim as shown by the 26 Declaration of Helen Diem attached hereto as Exhibit "B" and made 27 a part hereof. 28 3. This Application is presented within a reasonable time 1 after the accrual of the cause of action as shown by the , 2 Declaration of Helen Diem attached hereto as Exhibit "B" and 3 made a part hereof . 4 WHEREFORE, it is respectfully requested that this 5 Application be granted and that the attached Claim be received 6 and acted upon in accordance with §§912.4-912. 8 of the 7 Government Code. 8 DATED: December 22, 1987. ET & KLEINMAN 9 10 RODNEY M . EE , Attorney for Claimant HELEN DIEM c. 11 r, Ln Z O Q L �, 12 z � 13 n 2 C Q n m o 14 x n: c� 15 ^n L V C W u I 16 r 17 18 19 20 21 22 23 24 25 26 27 28 -2- LAW OFFICE SWEET & KLEINMAN RODNEY M.SWEET A PROFESSIONAL CORPORATION MAIL ADDRESS: IRA M. KLEINMAN 1020 AILEEN STREET P.O.BOX 549 STUART M.KOPEL LAFAYETTE,CALIFORNIA 94549 LAFAYETTE,CALIFORNIA 94549-0549 (415)284-1025 Clerk Contra Costa County Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 TO: CONTRA COSTA COUNTY BOARD OF SUPERVISORS: Helen Diem hereby makes claim against Contra Costa County California and the Department of Public Works for the sum of $1,000,000.00 and makes the following statements in support of the claim: 1. Claimant's Post Office address is : 1129 Avenida Sevilla, B-3, Walnut Creek, CA 94595. 2. Notices concerning the claim should be sent to: Rodney M. Sweet Attorney at Law, Sweet & Kleinman, P.O. Box 549, Lafayette , CA 94549-0549. 3. The date and place of the occurance giving rise to the claim are: February 12, 1987 on a public county roadway in the vicinity of 2625 Olympic Boulevard, Walnut Creek, CA. Said roadway is in the unincorporated area of Contra Costa County California. 4. The circumstances giving rise to this claim are as follows : Claimant was a passenger in an automobile being driven by Dorothy Sternberg. At approximately 7: 30 p.m. on the above date and place, the vehicle driven by Dorothy Sternberg missed an unmarked dogleg in the road into a ditch causing the injuries which are the subject of the claim. The accident occured due to the dangerous condition of the roadway in that the roadway had been resurfaced approximately two months earlier and no center line or edge markings were installed indicating that there was a dogleg in the road. At the time of the accident, it was dark and the weather was stormy. Because of the dangerous condition, the driver was unable to see the edge of the road and where the roadway turned, thereby driving into the ditch. Clerk Contra Costa County Board of Supervisors Page Two 4. Claimant's , in 'uries are as follows : Claimant sustained a concussion, a fractured back, and numerous cuts and abrasions , some of which required sutures to repair . Claimant is 77 years old and as a result of the injuries , has had additional complications , the full nature and extent of which are unknown. 5. The names of the public employees causing the claimant's injuries are: Unknown. 6. My claim as of the date of this claim is : $1, 000,000. 00. 7. The basis of computation of the above amount is as follows : Medical expenses incurred to date . . . . . .$6, 375. 00 Estimated future medical expenses . . . . . . .unknown Loss of wages . . . . . . . . . . . . . . none General damages . . . . . . . . . . . . . .$950,000.00 TOTAL . . . . . . . . . . . . . . . . . . . . .unknown 8. Claimant reserves the right to amend this claim to submit the actual amount of damages when the full nature and extent is known. DATED: SWEET & KLEINMAN By: RODNEY M. SWEET on behalf of Claimant, Helen Diem 1 RODNEY M. SWEET SWEET & KLEINMAN 2 1020 Aileen Street, P.O. Box 549 Lafayette, CA 94549-0549 3 ( 415) 284-1025 4 Attorneys for Claimant 5 6 7 g In the Matter of the DECLARATION OF HELEN DIEM IN SUPPORT OF g Claim of HELEN DIEM APPLICATION FOR LEAVE TO PRESENT LATE CLAIM 10 Against: CONTRA COSTA COUNTY [Gov. Code 5911.4] CALIFORNIA Ln v < o 12 � Q Z 6 X13 I , HELEN DIEM, declare: 2 Q tv uj o7:12o Uo o X14 I hereby apply for leave to present a late claim due to m 0 O c n W r15 mistake, inadvertence, surprise , and excusable neglect based upon � � w 16 the following facts : 17 On February 12, 1987, I was a passenger in an automobile 18 driven by Dorothy Sternberg, which automobile was involved in a 19 single-vehicle accident in the unincorporated County of Contra 20 Costa approximately in front real property commonly known as 2609 21 Olympic Boulevard, Walnut Creek, California. 22 The accident occured at approximately 7:30 p .m. It. was 23 raining heavily and the roadway was dark. The car in which I was 24 riding missed an unmarked dogleg in the road and rolled over into 25 a ditch. The impact demolished the car . 26 I suffered a concussion and fractured back in the accident 27 and was taken by ambulance to John Muir Hospital in Walnut Creek. 28 1 subsequently learned that no police agency came to the accident 1 scene or prepared a written report because of the stormy 2 conditions and the fact that the California Highway Patrol , 3 which has jurisdiction over the area, was too busy that night. 4 I subsequently learned from Dorothy Sternberg, the driver 5 of the car , that the roadway had been newly paved with blacktop 6 and that no center line or edge markings had been painted. 7 Dorothy Sternberg also told me that a resident of the area told 8 her this was the third accident in the area since the roadway g had been resurfaced. According to that resident, reflectors 10 were not available and had to be back-ordered and that was why 11 the road was not properly marked. I also learned that one week Ln Ln z 12 following the accident, the roadway was marked with a center 7- z ,J ','Q13 line and edge marking. ng C G CV J 0 ,, z o ux ce - 14 Upon my release from the hospital , I was contacted by G oo � d m � :;; ,- < ;:; 15`^ Stac B. Henn, a Claim Representative of Hartford Insurance � W Y P w w 16 CompaAy, the insurer of Dorothy Sternberg. She told me that I 17 was covered under Dorothy Sternberg's automobile insurance 18 policy and that I should submit the bills to her and they would 19 be paid. I understood this to mean that I had to take no 20 further action but to submit my medical bills and my claim 21 would be adjusted. 22 As of November 16, 1987, the Hartford Insurance Company 23 had paid $5,000.00 under the medical payments coverage of 24 Dorothy Sternberg , which was the policy limit, and had advanced 25 $1,375.00 additional under the liability coverage at which time 26 they stopped paying further bills . It was at this time that I 27 first contacted an attorney, Rodney M. Sweet, and explained to 28 him what had happened in the accident and what had happened -2- 1 with Hartford Insurance Company. It was not until November, 2 1987 that I learned that I had a potential claim against Contra 3 Costa County and that the claim should have been filed within 4 100 days of the date of my accident. 5 I am 77 years old, having been born on July 15, 1910. I 6 have never been involved in an accident involving a government 7 entity and had no knowledge that I was supposed to file a claim . 8 within 100 days of the date of the accident. At all times 9 following the accident, I believed that Hartford Insurance 10 Company was adjusting the claim and that I had done all that. 11 was necessary to protect my rights. My failure to file a claim n Q �_ 12 with the Contra Costa County Board of Supervisors is due to to Z o &, L, 13 inadvertence, surprise, and excusable nealect due to my U >< o X14 reliance upon the actions of Hartford Accident and Indemnity a m 0 N � w G .j ;:; 15 Company in adjusting the claim which resulted in my failure to w � w n Q w 16 retain an attorney until November , 1987 when Hartford Insurance 17 Company stopped paying my bills . 18 If called as a witness , I could competently testify to all 19 of the above based upon personal knowledge. 20 I declare under penalty of perjury that the foregoing is 21 true and correct. 22 Executed at Walnut Creek, California, this 4th day of 23 January, 1988. 24 25 HELEN DIEM, Declarant. Claimant. 26 i 27 28 3- LAW OFFICE SWEET 8 KLEINMAN RODNEY M.SWEET A PROFE55IONAL CORPORATION MAIL ADDRESS: IRA M. KLEINMAN 1020 AILEEN STREET P.O.BOX 549 STUART M.KOPEL LAFAYETTE, CALIFORNIA 94549 LAFAYETTE,CALIFORNIA 94549-0549 (415)284-1025 Clerk Contra Costa County Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 TO: CONTRA COSTA COUNTY BOARD OF SUPERVISORS: Helen Diem hereby makes claim against Contra Costa County California and the Department of Public Works for the sum of $1,000,000.00 and makes the following statements in support of the claim: 1. Claimant's Post Office address is : 1129 Avenida Sevilla, B-3, Walnut Creek, CA 94595. 2. Notices concerning the claim should be sent to: Rodney M. Sweet Attorney at Law, Sweet & Kleinman, P.O. Box 549, Lafayette, CA 94549-0549. 3. The date and place of the occurance giving rise to the claim are: February 12, 1987 on a public county roadway in the vicinity of 2625 Olympic Boulevard, Walnut Creek, CA. Said roadway is in the unincorporated area of Contra Costa County California. 4. The circumstances giving rise to this claim are as follows : Claimant was a passenger in an automobile being driven by Dorothy Sternberg. At approximately 7: 30 p.m. on the above date and place, the vehicle driven by Dorothy Sternberg missed an unmarked dogleg in the road into a ditch causing the injuries which are the subject of the claim. The accident occured due to the dangerous condition of the roadway in that the roadway had been resurfaced approximately two months earlier and no center line or edge markings were installed indicating that there was a dogleg in the road. At the time of the accident, it was dark and the weather was stormy. Because of the dangerous condition, the driver was unable to see the edge of the road and where the roadway turned, thereby driving into the ditch. Clerk Contra Costa County Board of Supervisors Page Two 4. Claimant's injuries are as follows : Claimant sustained a concussion, a fractured back, and numerous cuts and abrasions , some of which required sutures to repair . Claimant is 77 years old and as a result of the injuries , has had additional complications , the full nature and extent of which are unknown. 5. The names of the public employees causing the claimant's injuries are: Unknown. 6. My claim as of the date of this claim is : $1, 000, 000. 00. 7. The basis of computation of the above amount is as follows : Medical expenses incurred to date . . . . . .$6, 375. 00 Estimated future medical expenses . . . . . . .unknown Loss of wages . . . . . . . . . . . . . . none General damages . . . . . . . . . . . . . .$950,000.00 TOTAL . . . . . . . . . . . . . . . . . . . . .unknown 8. Claimant reserves the right to amend this claim to submit the actual amount of damages when the full nature and extent is known. DATED: Q j SWEET & KLEINMAN 7By 2L RODNEY M. S EE on beha of Claimant, Helen Diem 1 RODNEY M. SWEET SWEET & KLEINMAN 2 1020 Aileen Street, P.O. Box 549 Lafayette, CA 94549-0549 3 (415) 284-1025 4 Attorneys for Claimant 5 6 7 8 In the Matter of the DECLARATION OF HELEN DIEM IN SUPPORT OF 9 Claim of HELEN DIEM APPLICATION FOR LEAVE TO PRESENT LATE CLAIM 10 Against: CONTRA COSTA COUNTY [Gov. Code §911.4] CALIFORNIA 11 v N <C o ? 12 a d z o ) 13 I , HELEN DIEM, declare: 4 C Q n :,e ° o o X14 I hereby apply for leave to present a late claim due to < m � ` `S ° ._ < T, mistake, ` on inadvertence, surprise , and excusable neglect based u F- W ur15 P g P u_1 w w 16 the following facts : r 17 On February 12, 1987, I was a passenger in an automobile 18 driven by Dorothy Sternberg, which automobile was involved in a 19 single-vehicle accident in the unincorporated County of Contra 20 Costa approximately in front real property commonly known as 2609 21 Olympic Boulevard, Walnut Creek, California. 22 The accident occured at approximately 7:30 p..m. It was 23 raining heavily and the roadway was dark. The car in which I was 24 riding missed an unmarked dogleg in the road and rolled over into 25 a ditch. The impact demolished the car . 26 I suffered a concussion and fractured back in the accident 27 and was taken by ambulance to John Muir Hospital in Walnut Creek. 28 I subsequently learned that no police agency came to the accident " d 4 1 scene or prepared a written report because of the stormy 2 conditions and the fact that the California Highway Patrol , 3 which has jurisdiction over the area, was too busy that night. 4 I subsequently learned from Dorothy Sternberg, the driver 5 of the car , that the roadway had been newly paved with blacktop 6 and that no center line or edge markings had been painted. 7 Dorothy Sternberg also told me that a resident of the area told 8 her this was the third accident in the area since the roadway 9 had been resurfaced. According to that resident, reflectors 10 were not available and had to be back-ordered and that was why 11 the road was not properly marked. I also learned that one week r r z 12 following the accident, the roadway was marked with a center Q o 7 �, 13 line and edge marking. < N J a z o o 00014 Upon my release from the hospital, I was contacted by < m WK crj � n w G r 15 Stacy B. Henn, a Claim Representative of Hartford Insurance L w < r 16 Company, the insurer of Dorothy Sternberg. She told me that I < 17 was covered under Dorothy Sternberg 's automobile insurance 18 policy and that I should submit the bills to her and they would 19 be paid. I understood this to mean that I had to take no 20 further action but to submit my medical bills and my claim 21 would be adjusted. 22 As of November 16, 1987, the Hartford Insurance Company 23 had paid $5,000.00 under the medical payments coverage of 24 Dorothy Sternberg , which was the policy limit, and had advanced 25 $1,375.00 additional under the liability coverage at which time 26 they stopped paying further bills . It was at this time that I 27 first contacted an attorney, Rodney M. Sweet, and explained to 28 him what had happened in the accident and what had happened -2- 1 with Hartford Insurance Company. It was not until November , 2 1987 that I learned that I had a potential claim against Contra 3 Costa County and that the claim should have been filed within 4 100 days of the date of my accident. 5 I am 77 years old, having been born on July 15, 1910. I 6 have never been involved in an accident involving a government 7 entity and had no knowledge that I was supposed to file a claim 8 within 100 days of the date of the accident. At all times 9 following the accident, I believed that Hartford Insurance 10 Company was adjusting the claim and that I had done all that Ln 11 was necessary to protect my rights. My failure to file a claim Ln Q 12 with the Contra Costa County Board of Supervisors is due to .z X13 inadvertence, surprise, and excusable neglect due to my c < cv Jo In z o o o X14 reliance upon the actions of Hartford Accident and Indemnity w u :;� 15 Company in adjusting the claim which resulted in my failure to LULU u; 16 retain an attorney until November , 1987 when Hartford Insurance 17 Company stopped paying my bills . 18 If called as a witness , I could competently testify to all 19 of the above based upon personal knowledge. 20 I declare under penalty of perjury that the foregoing is 21 true and correct. 22 Executed at Walnut Creek, California, this 4th day of 23 January, 1988. 24 25 HELEN DIEM, Declarant Claimant 26 ( ' 27 28 CLAIM -�U BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA f Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 2 , 1988 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1,000, 000. 00. Section 913 and 915.4. Please note all "Warnin " Court y'Counsel CLAIMANT: JOSEPHINE ZIZZO c/o Constance M. Rutherford JAN d 6 1988 ATTORNEY: Attorney At Law P. O. Box 20753 Date received Martinez, CA 94553 ADDRESS: Oakland, CA 94620 BY DELIVERY TO CLERK ON DeceT�ber 30, 1987 BY MAIL POSTMARKED: December 23 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. P IL BATCHELOR, Clerk DATED: January 6, 1938 Bb: Deputy L. ,Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors -`• (x This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: 4., 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) 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: r E B 2 1988e 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 4 1988 BY: PHIL BATCHELOR byA/__�_�&puty Clerk CC: County Counsel County Administrator CLAIM AGAINST COUNTY OF CONTRA COSTA The following information is provided pursuant to California Government Code section 910: CLAIMANT: Josephine Z i«o w�` ��� 75 Park: View Terrace #4 EC y Oakland, CA 94610 j�i FFAA �0198� NOTICES TO: Constance M. Rutherford Attorney at Law P. O. Box 20753 Oakland, CA 94620 k: DATE €< September 30, 1987 PLACE OF Knox Freeway (aka State Highway 580) , ACCIDENT= near Marina Way, Richmond, California CIRCUM- Claimant was driving west on the Knox Freeway STANCES (State Highway 580) , then under construction. OF After stopping at the traffic signal at Marina ACCIDENT: Way, claimant proceeded west on the Knox Freeway. While the new freeway curves to the right at that point, the old road is straight ahead. The old road had no barricades and there were no markings indicating the curve to the right. Without barricades or the dirt pile which was put up at the site following claimant' s accident, drivers traveling west were easily deceived and not surprisingly attempted to proceed straight on the old road, rather than curve to the right on the new road. This is how claimant' s accident occurred. INJUR'Y', Claimant' s automobile ( 1985 Chevrolet Spectrum) DAMAGE, was totalled. Her immediate physical injury was OR LOSS: whiplash. She has been seeing a chiropractor regularly since the accident for pain and stiffness. .Most importantly, she was on her way to an audition as lead singer in Pirates of Penzance at the Dickens Fair, an important career step. Since the accident, claimant has struggled with depression and has had a difficult time trying to carry on with her career. The loss with respect to claimant ' s singing career was monumental given the interference with her precisely-calculated timing in the pursuit of same. AMOUNT CLAIMED: $1 , 000, 000 DATED: December 14, 1987 CLAIM • $` BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA -iA aim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 2, 1988 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 Amount: $80. 00 Section 91.3 ap.a 915.4. Please note all "Warnin s" CLAIMANT: WILLIAM MCPHERSON JAN 198 Elmwood P. O. Box 1290 Martinez, 0A 94$33 ATTORNEY: Milpitas , CA 95035 Date received ADDRESS: BY DELIVERY TO CLERK ON December 31 , 1987 BY MAIL POSTMARKED: December 30, 1987 I.. FROM: Clerk of the Board of Supervisors .TO: -County Counsel Attached is a copy of the above-noted claim. Januar 6, 1988 PpHHIL BATCHELOR, Clerk DATED: y 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: 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) 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: r C B 2 ZgSq PHIL BATCHELOR, Clerk, By eputy Clerk 4�. 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 4 1988 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator BOARD OF SUPERVISORS OF CONTRA C . w �T_-,,�rr�it�gMappiicationto: Instructions to ClaimantC!erk of the Board P.O.Box 911 Martinez,Caiifomia 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 Suu��eryisors at its office in Room 106, County Administration Build=4`, .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 Distract--should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud.- -See--penalty Por fraudulent claims, Penal Co3e—ec 72 at end o his form. RE: Claim by )Reser d _for _Cl­e-r-K,s7r g stamps PtiCEIVED - �L--.•-�-- ; 5 E C 511987 Against the COUNTY OF CONTRA COSTA) 4'A °4or DISTRICT) Fiin name ) .. .. ....... The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ e9,0'w and in support of this claim represents as follows: •- When did the damage or n3ury occur? (Give exact date and hour] _,;-. rf 7 �. W�iere did tie damage or an3ury occur? (Include city and county) 3. How did the damage or in3ury occur? (Give Tull-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? (over) ,What, are the names of county or district officers, servants or employees causing the damage or injury? 6. What damage or tnluries do you claim resulted? ZGM-7fu711extent of injuries of damages claimed. - Attach two estimates for auto damage). 7. w was the amount claimed above computed? (Include the estimated amount of any prospective injury or dage.) 8. Names and addresses of witnesses, doctors and hospitals. • ��"N"ie0/d'rca+cri•u+Kw°sI^"•'"'..•s.r-� .. -1 ;.'-; Ftp,!-ar 1 you made on account of this accident or 1n�ury. ,_ ITEM AMOUNT k 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 Claimants Signature /`�'d. aek Addresses 45 Telephone No. '7:3 /f/ € 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. " Y ,.s. _--, ,.- .arc.+M[•yYi.a!%•• s� ...'-�'!t.'• .. ._. ..,.. ._ .. .....- ..,.... ... tc i!/Mf 1.�•0.!�."�.� .`:+ri.. t.:<.".'icxa..r../..•^� o CLAIM �U 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 F e ru 2 , 1988 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: $190. 64 Section 913 and 915.4. Please note all Qtdgot-Counsel CLAIMANT: WILLIAM LLOYD JAN 0 G 1988 P. O. Box 23343 ATTORNEY: Pleasant Hill, CA 94523 Martinet, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON December 31 , 1987 BY MAIL POSTMARKED: December 30, 1987 I. FROM: Clerk of the Board of Supervisors X70: County Counsel Attached is 'a copy of the above-noted claim. IL BATCHELOR, Clerk DATED: January 6 , 1988 ��: 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: 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 0 DER: 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. FEB 2 1988 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 an Notice to Claimant, addressed to the claimant as shown above. FEB 4 1988 //� Dated: BY: PHIL BATCHELOR by GL�i4� y 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 , 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 Lti� i (i'r� Ir ) Reser e�j� i g stamps v N/ 'C9 Sys a3 DEC 31 1987 Against the COUNTY OF CONTRA COSTA) IIeGT e.L • ns or r2 DISTRICT) b . . ............... (Fill in name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ H O, L-y and in support of this claim represents as follows: - - a / _�o --------------------------------------------------- - L-/9 g7 --- ----------- 1. When did the damage or injury occur? (Give exact date and hour) --- f4 I `l�h n� b2v9 I�t' U ��.'�YZ�`r`��Zi �o fP_r�- C0 F, ------------ ------------- - ------------ ------------------- 2. Where did the damage or injury occur? (Include city and county) u) � D2JN _ (/l �JaE a`---. --H-owd,id_thdamag or rify occur? (Givefull details, }p�seoextra r sheets if required) i fo - 2o A)_t o- w � �._ STC PP-Le� -F yeuK�- C�l�,2�-1, RP-N iN to btsck o+- � r-" `I o e-fl C (c . ---- 1=- q3 0_� _� 1 r1_ E_V��n�t_ lit' i2 i_� ! n9q_ A o�1� _5"Ro_rq _Jn-meS_ �ct)Ft�� 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? (over) 5. ' What are the names of county or district officers, servants or r employees causing the damage or injury? 4t) LO 1q-aD ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) -r-- 7-.--H-ow--was----th-e--amoun----t--cl-aimed above computed? (Include the estimated amount of any prospective injury or damage. ) ' - -_ -3- }tet•-c_��4_-e _l�Jc�-,n�t,�-c..�_------ 8. Names and addresses of witnesses- , doctors and hospitals. ---------------------------------------------------------:------------- 9. List the expenditures you made on account of this accident or injury ITEM AMOUNT U " 1A A ' ; 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 Sign ture a -33v3 r X 23 Ll 3 Address 69- ,Telephone No. C�7 3 c/^ 3/ Telephone No. c7 3(o 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. " CUSTOM AUTO PAINTING TELEPHONE 689-6117 2520 MONUMENT BOULEVARD - CONCORD, CALIFORNIA 94520 _ 7 21 Date /4 '4 19 NAME AOORES8CITU TyZ�' _ /_,; 1,21_` ---PHONE 42' Make Year Serial No. Mileage-License No. -Body Style % -Prod.Date REPAIR REPLACE ESTIMATE OF REPAIR LABOR HRS. PARTS SUBLET /XX/ F-F 77 TOTAL REMARKS: s. HR$.OF LABOR @$ PER HR.$ 7 PARTS$ PAINT MATERIALS$ $ INSURANCE DEDUCTIBLE SUBLET$ SALES TAX$ BY: THIS ESTIMATE IS BASED ON.PLIR INSPECTION AND DOES NOT COVE'R ADDITIONAL PARTS ESTIMATE TOTAL$ OR LABOR WHICH MAY BE REQUIRED AFTER THE WORK HAS BEEN STARTED.AFTER THE WORK HAS STARTED,WORN OR DAMAGED PARTS WHICH ARE NOT EVIDENT ON FIRST IN- SPECTION MAY BE DISCOVERED. NATURALLY, THIS ESTIMATE CANNOT COVER SUCH k CONTINGENCIES.PARTS PRICES SUBJECTTO CHANGE WITHOUT NOTICE.THIS ESTIMATE IS GRAND TOTAL$ Z/d FOR IMMEDIATE ACCEPTANCE, THIS WORK AUTHORIZED BY NO CREDIT CARDS ACCEPTED. MIKE ROSE'S AUTO BODY INC. DBA GATE M YEA iB( , O Y STYLE OLOR V MILEAGE LICENSE SERIAL NO. 6861739 INSURANCE COMPANY CLAIM# 2001 FREMONT ST.CONCORD,CALIF.94520 A COMPLETE QUALITY PAINTING&REPAIRING SERVICE ADJUSTER PHONE TOWING-FRAME STRA HTENING • EXPERT COLOR MATCHING NAME HOME# WORK# u&q REPAIR REPLACE ESTIMAT O REPAIR COSTS PAINT BODY PARTS--' SUBLET °w .d J - s PARTS PRICES SUBJECT TO INVOICE C' ALIGNMENT + HRS. p S � Per Hr. $ ["Z� C� PARTS $ CHARGE AIC PAINT MATERIALS $ AIM HIL SUBLET-PARTS $ STRIPE SUBLET-LABOR $ STORAGEITOW $ COLOR MATCH.._ SALES TAX $ TWOTONE TWO STAGE GRAND TOTAL $ ROCK GUARD PHIS ESTIMATE IS BASED ON OUR INSPECTION AND DOES NOT COVER ADDITIONAL PARTS OR LABOR NHICH MAY BE REQUIRED AFTER THE WORK HAS BEEN STARTED. AFTER THE WORK HAS 13EEN STARTED. WORN OR DAMAGED PARTS WHICH ARE NOT EVIDENT ON FIRST INSPECTION MAY BE )ISCOVERED NATURALLY THIS ESTIMATE CANNOT COVER SUCH CONTINGENCIES, PARTS PRICES TOTAL 3UBJECT TO CHANGE WITHOUT NOTICE.THIS ESTIMATE IS FOR IMMEDIATE ACCEPTANCE. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA klaim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February Z , 1988 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: $182. 00 Section 913 and 915.4. Please note all low n ugst11 Counsel CLAIMANT: JOYCE ELLEN BACIGALUPI frllT 1570 164th Ave. #51 JAN n G 1988 ATTORNEY: Sari Leandro, CA 94501 Date received Martinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON December 31, 1987 BY MAIL POSTMARKED: December 29 , 1987 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. DATED: January 6 , 1988 JyIL Bep�tyLOR, Clerk L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (X This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was. filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel a4' Ad - - 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 ( lam 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 2 1988 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 4 1988 BY: PHIL BATCHELOR by - eputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COW Wappiication to: Instructions to ClaimantC!erk of the Board -'P.O.Box 911 r ` Martinez.Califomia 94553 A. Claims relating to causes *of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accruul 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. (Sac. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Bcard of Suupperyisprs at its office ':.n Room 106, County Administration Building, 651 Pine Street, Martins.?: Cr?ifornia 94553 C. if claim is against a district governed by tha Board of Supervisors, rather than the: County, the name of the District should be filled in. . .D. If the claim iE against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See-penalty for fraudulent claims, Pe.,aal Co3e ec:^72 at end of this form. RE: Claim 'by )Reserve stamps E RECIVII Against the COUNTY OF CONTRA COSTA) DEc 311987 on ` (Fill in name ) The undersigned claimant hereby makes claim against the ' ounty of Contra Costa or the above-named District in the sum of and in support of this claim represents as follows: ------------------------ ----------------------- -- - -Li :. �. When did the damage ornJury ,occur? (Give exact , , a and .hour '�. W�iere di to d a e or in occur? Include cit and count � g J 3uY ( Y Y) ---------------.._.._.�-- -L----i------------------ ----s --------------- ` 3. How did. the damage or inJury occur? (Giveu �-details, use extra sheets if required) N k-,E: Of F f�_v �. t-whaparticular act or omission on the part of county or district' officers, servants or em/ployees .caused the injury or damage? (over) •-__�,-r+-�=.�'l�t+'C i1i.34ti-�:Can.c �e..++.tsc•:....-. -.. .. ,a>•>,.,., .-.... ..- ..k..-a+.t.a.-.:..wi(.."u -�:+,+ +u:.•: -SiTu�,it:+.i..t- '.+...c:: 50- - 7'What are the names of county or district officers, servants or employees causing the damage or injury? } IAI C - c _-= 6. What damage or-ln�uries do-you cla= resu ted? ZGive-full ex ent of injuries of damages claimed. - Attach two estimates for auto damage) ---------------------------------- -------------------------------------- 7. Bow was the amount claimed abo a computed? (Include the estimated amount of any prospective injury or damage.) : 46 ±T-L 8. Names and addresses of witnesses, doctors-and hospitals. - — T-----�•-------T--t--- — — — — — T—••---T-------- the ,expen�i or=es you made on account of this accident or injury: ,'.DA�'B '. _.., ,'' / ITEM AMOUNT ._s :a 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 �, NOT_ 1 L EI�lD ttv ��' S C �� ain s Sign re y. T NP �pP 5� . Add ss Z Telephone No. Telephone No. - � NOTICE !� 7 Section 72 of the Penal Code provides: M "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." CA v rk J G -7-0 325 d / :,S _....-...�..._.,.., .w"'•...n .,-.:'.,rl:.eet�•s::.?d�f.!�"ia..:...g.., _ _. ... .. . . _.. - - -- ...;....�;r '+T�i�=w:�-�.�4iririaf..�r-:_:..i.•:1� ` �, ,d ANTRA COSTS DETENTION F . CWITY R � .4 n4 yl ,�v^��.�F•� . Air _ S�t' ti • �t (; t ..� � Y `,� p + DATP;'r, -11 2412/9?! REC: _ 423 Tt f :FACIUTY: : 9 NAME(L,.F #A):. WXOALUPI JOYCE ELLEN f �.r • • BOOKNG MBR: �702oi8➢J , {, INTAKE M(RTj ANTS SW / r +` �` AT/ / •' HOES/OQfl � F KS/IpipM�► . • FHAT./P.IIR'E. a °' 1 1s1�! AT-ORAWT SHIRT RE 1 ii Ali; •rf r' r i ya ! 4 > + 7,7 jpp win -a RELEASE I HAVE RECEIyD ALL F CI,OTNINC3. y I F1=L OFC:" t4 S IN"T!b10NATUU I T-Ics �. � C) CH c)ry jo s 14.o S 41 Aye-. o CD 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 2 , 1988 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $250, 000. 00 Section 913 and 915.4. Please note all "Warnings". Counsel CLAIMANT: CLINTON OWENS c/o Richard E. Hove JAN U G 1988 ATTORNEY: Attornev at Law 1401 Lakeside Drive #700 Date received Martinez, CA 94553 ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON December 30, 1987 BY MAIL POSTMARKED: December 29 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 6 , 1988 JVIL DepCtyLOR, Clerk L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. (/ `) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 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 (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. Dated: FEB 2 1988 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 4. 1988 BY: PHIL BATCHELOR by �r/4"eputy Clerk CC: County Counsel County Administrator X;,A= TO: BOARD OF SUPERVISORS OF CONTRA COPT_-.krFoWFapplicationto: Instructions to ClaimantC!erk of the Board Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the -cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against -more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end o this form. RE: Claim by ;Reser or r��vmlMl ng stamps CLINTON OWENS E $p 1987 Against, the COUNTY OF CONTRA COSTA) or DISTRICT) (Fill in name ) two ' The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 250, 000. 00 and in support of this claim represents as follows: -l-.--W-h--e-n--d-id---th--e-d--am--a-g-e--o-r--i-n-j-u-r-y-o--c-cu-r--? (Give d-te-and-hou ]---- Claimant was injured on October 9, 1987 . 2. where did the damage or in3ury occur? (Include city. and county , The claim occurred in Contra Costa County between Concord Municipal Court and The County Jail in Martinez . -T-------------------------i-----------------------------T--------------- 3. How did the damage or injury occur? (Give full details, use extra . sheets if required) The Claimant was a prisoner confined in the Sheriff' s transportation vehicle. Claimant was forced to sit on a seat without adequate safety measures and precautions taken including not being provided with any seat belt or restraint when the Sheriff' s vehcile was involved in an -- ------------------------------------------------------------- --- 4. W-hat---p--articular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The County was negligent in that its employees failed to operate the Sheriff' s transportation vehicle in a safe manner and that no safety belt or safety restraint was provided to Claimant to prevent him from being injured should the vehicle be in an accident or be caused to stop quicky. (over) 5. What are the names of county or district officers, servants or— employees causing the damage or injury? • At the present time the exact name of the individuals are not known to Claimant. The Claimant believes that there is a Deputy Padilla and/or Deputy Hach of the Contra Costa Sheriff' s Office. ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Claimant claims physical and emotional injury, pain and suffering to his person. 7. ------How---was-----the--------amount--- cl-----aimed-----above------computed?--------(Include----------the-----------estimated--- amount of any prospective injury or damage. ) The amont claimed is comoputed upon future medical needs and pain and suffering. 8. Names and addresses of witnesses, doctors and hospitals--------------- Claimant - - Claimant at the present time is attempting to locate the names and addresses of the witnesses. Claimant was switched to the medical part of the jail the next day and was treated - at Mt. Diablo Hospital. ---- S-r--yr--��------ ----------- 9. ist the exCendit�ures you made on account of this accident or injury: DATE ITEM AMOUNT A At the present tim claimant does not have the amounts expended. Govt. Code Sec. 910.2 provides : "Thea' sign by the claimant SEND NOTICES TO: (Attorne ) so#14 per n on his ehalf. " Name and Address of Attorney zvwu�W I RICHARD E. HOVE 1 ' nature Attorney at Law 1 Lakesi e Drive #70 1401 Lakeside Drive, Suite 700 V Add6essakland, CA 94612 Oakland, CA 94612 Telephone No. (415) 835-8000. Telephone No. (415) 835-8000 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. " . ' CLINTON OWENS v. CONTRA COSTA COUNTY Date of Loss: 10-9-87 3 . (cont. ) accident. As a result of the accident, Plaintiff being unrestrained was thrown about the vehicle and injured his back. � 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 2 , 1988 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 $333. 50 Section 913 and 915.4. Please note all "Warnin s" County dounsei CLAIMANT: NAPOLEON MCNEALY 2808 W. 48th Street JAN U ti 1988 ATTORNEY: Los Angeles:, CA 90043 Date received Martinot. CA 84553 ADDRESS: BY DELIVERY TO CLERK ON Deceriber 30, 19.87 BY MAIL POSTMARKED: December 26, 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 6, 1988 ��: Deputy - w",� 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: 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.r Dated: FEB B 2 1988 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 4 1988 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CO§*rFd9Kapplicationto: Instructions to ClaimantC'•erk of the Board .O.Box 911 yMartinez.Califomia 94553 . A. Claims relating to causes 'of action for death or for injury to person, or to personal prdperty 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. 911.20, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration BuilB,i651 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 fraudule$t claims, Penal Co­dd$ec-772 at end of this form. - RE: Claim by )Reserved for Clerk's .filing stamps RECEIVED Against the COUNTY OF CONTRA COSTA) LEC 901987 or l'.�f ti��Z l Lil} �2�G. D.-kS R1C1'') a►t (Fill iii name1 V ) D - RA IV ... .... .... ... ... The undersigned claimant hereby makes claim of Contra Costa or the above-named District in the sum of $ _ JU 1 _S Q and in support of this claim represents as follows: �. When did the damage or �n7ury occur? {Give ex ct date and hour] �.. W�iere- d tie a or in (I lude cit and count9 7 ;0�car?damsY) 3. Hoow;flid the damage or 123 'ry occur? ive'u.' d;T,ai 1 s u extra . sheets if required) 4.- What particular act or omission on the part of stric county or dit' officers, servants or employees caused the injury or damage? (over) ... ... ._.. _ .VK 1t...T., R"..}._. a ._'. ... .... : ..+...^t +:lY�.i_ '.i�w�GfY.4'"02Yw_!•:::_awr44%�:..A .KSYF@3�•.w=+ 'What are the names of county or district officers, servants or mp ogees causing the d ge or�injury? 4 ,2 -w--te -w wTw-ive-fullww-w---ext---www-/-- 5. What damage or claim resul�n�ur�es do you d? ZGent of injuries of damages Attach two estimates for auto damage) GX1/J 7. How was the amount claimed above computed? (Include - a est' ated amount of any pxosectivV- 11 n j or damage.) ,�.a ,x.333 - Sn --w—w—ww—w—www—w—ww—w--w—wwww—w--ww ww-- wwww----w--w—w w---ww.------------- -' 8. Names and addresses of witnesses, .doctors and hospitals .�--m...._. T ► `air - 37-Lis 3. Ltae�expe;d�tt:�tr"Wu made on account of this accident or injury: ATEr t'+ ITEM AMOUNT r ! ��::�'i��,e :���.*.����.�:�.#�#*�*�*rr:�**�***��*�***�**�:tart*�*t�**w�trettt•****trr 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- • ... Cla�im/aJnfto s, Sitjnatuxe - Address 49 Telephone No. Telephone No.�� � �A / 7 NOTICE Section 72 of the Penal Code provides: 'Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, ' or to any county, town, city district, ward or village board or officer; authorized to allow or pay the same if genuine, -any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " ii _ee. ...:`., _,;.,e;aft-P,;;�,;K�,�.�..--....:..w....... ._ - -_ •- -, -.. • -K6 �+�.—.;.�Qrr->-►.S;.Fn.. .rw�:.e.�:. _ CLAIM ' �o 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 -2, 1988 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 aodjyi"Counse) CLAIMANT: HEIDE & WILLIAMS , INC. JAN 0 G 1988 c/o Jeffery L. Borsuk, Esq. ATTORNEY: Law Offices of Pandell & Novich Martinez, CA 94553 101 Ygnacio Valley Road #401 Date received ADDRESS: Walnut Creek, CA 95696 BY DELIVERY TO CLERK ON December 21 , 1987 BY MAIL POSTMARKED: December 18, 1987 I. FROM: Clerk of the Board of Supervisors ., TO: County Counsel Attached is a copy of the above-noted claim. • BpP IL BgATCHELOR, Clerk , DATED: January 6, 1988 : 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: 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 0 DER: 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. coo Dated: FEB 2 1988 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant asshown above. Dated: FEB 4 1988 BY: PHIL BATCHELOR by AZ�ZDeputy Clerk CC: County Counsel County Administrator V ' I Jeffery L. Borsuk, Esq. D �C'CIv�iD Jane Curran Pandell, Esq. 11. �i 2 Lee J. Novich, Esq. �� 1987 PANDLL & NOVICH 3 101 Ygnacio Valley Road, Suite 401 Walnut Creek, California 94596 4 (415) 746-8800 er 5 Attorneys for Cross-Defendant and Cross-Complainant, Heide & Williams, Inc. 6 7 In the Matter of the Claim of: ) 8 Heide & Williams, Inc. , ) 9 ) CLAIM FOR Claimant, ) EQUITABLE 10 ) INDEMNITY VS. ) 11 ) County of Contra Costa; Contra ) 12 Costa Water District; City of ) Walnut Creek; City of Concord; ) 13 ) 14 1. Jeffery L. Borsuk, Esq. , on behalf of Heide & 15 Williams, Inc. , hereby presents this claim to the County of 16 Contra Costa, Contra Costa Water District, City of Walnut 17 Creek, City of Concord, pursuant to §910 of the California 18 Government Code. 19 2. All notifications can be directed to the claimant 20 c/o Jeffery L. Borsuk, Esq. , Law Offices of Pandell & 21 Novich, 101 Ygnacio Valley Road, Suite 401, Walnut Creek, 22 California 95696. 23 3 . On or about November 1984, plaintiff Turtle Creek 24 Master Association, Inc. filed a complaint against the 25 County of Contra Costa, Contra Costa Water District, City of 26 Concord, City of Walnut Creek, and Presley of Northern 27 California, for damages caused by real property owned by or 28 under the control of the named defendants. The allegations 1 I set forth in said complaint, Contra Costa Superior Court 2 Action No. 265672, are incorporated by reference herein. 3 All of said public entities are represented by counsel in 4 said litigation as of this date. The attorneys for the 5 County of Contra Costa recently served Heide & Williams, 6 Inc. with a cross-complaint for indemnity in this matter. 7 4. Plaintiffs claim to have incurred damages in 8 excess of $1,000,000.00. Attorneys for the defendant public 9 entities claim damages are substantially less. As of this 10 date, claimant does not know of the actual amount of damages 11 sustained by plaintiffs herein. 12 5. Claimant was served with the County of Contra 13 Costa's cross-complaint for indemnity in December 1987-. 14 Claimant has responded to said cross-complaint by denying 15 any liability to cross-complainant County of Contra Costa,- 16 however, if claimant is held liable to cross-complainant 17 County of Contra Costa, to plaintiffs herein, or to any 18 other parties, for any of the events or happenings or 19 damages described in the complaint, claimant is entitled to 20 complete or partial indemnity from the aforementioned public 21 entities according to the fault of claimant in relation to 22 the fault of said public entities, and each of them, for any 23 damages suffered, including but not limited to, judgments 24 which may be entered against claimant and amounts paid to 25 settle the underlying action with respect to the damages 26 allegedly suffered by plaintiff and/or other cross- 27 complainants. 28 6. Claimant does not know the names of the public 2 1 employees involved in the aforementioned incident, however, 2 claimant would state that Heide & Williams, Inc. entered 3 into a subcontract agreement with the County of Contra Costa 4 sometime in 1985 or 1986 for repair work to the slide which 5 occurred above Ygnacio Valley Road adjacent to the 6 plaintiff's property. Claimant is informed that the 7 public entities involved have specific knowledge of 8 additional facts relating to this loss based on their 9 ongoing involvement in this litigation. 10 Dated: December 17, 1987. 11 12 PANDELL & NOVICH 13 14 �e-- Je . Borsuk 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 X41,.:--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 2 , 1988 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $100, 000. 00 Section 913 and 915.4. Please note all " a?"%6)" cUnSet CLAIMANT: WILHE114INA JOHNSON c/o Padway & Padway JAN 0 61988 ATTORNEY. 515 16th Street Ada rtinez Ca Oakland, CA 94612 Date received � 3 ADDRESS: BY DELIVERY TO CLERK ON December 31 , 1987 C 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: January 6 , 1988 PpHHIL BATCHELOR, Clerk BY: Deputy L. Hall II. FROM: CountAy��eli TO: Clerk of the Board of Supervisors (X This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: eputy County Counsel 7 - 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 A,5,v�r1W 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 dates.. Dated: FEB 2 1988 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: f E B 4 1988 BY: PHIL BATCHELOR by__Wwputy Clerk CC: County Counsel County Administrator PADWAY&ADWAY A Professional Corporation Other Offices 515 Sixteenth Street San Francisco Oakland,CA 94612 San Jose (415) 8397999 December 29, 1987 Mary Ann McNett County Counsel Deputy County Counsel Office of County Counsel 'FC 3-0 1987 COnt-ra Costa County �-I-artinez Post Office Box 69 r CA X4553 Martinez, California 94553-0006 RE: Claim of Wilhelmina Johnson Date of Loss: 8/25/87 Dear Ms. McNett: In response to your letter of December 23, 1987, since Ms. Johnson is still treating at Kaiser Hospitals in Vallejo and Oakland, we do not know at this time the amount of the medical expenses. The amount claimed is $100,000.00. If you have any questions, feel free to call. Very truly yours, Peter Golden Paralegal PG:df FRE:C:EIV'cT-%�11 RSty