HomeMy WebLinkAboutMINUTES - 11291988 - 1.35 CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
'
�
�' .
Claim Against the County, or District governed by) BOARD LACTION�
the Board of Supervisors, Routing Endorsements, ) CLAIMANT November 29, ���8
and Board Action, All Section references are to ) The copy of this document mailed to youis 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: ��T00 ' 000^ 0O Section yl] and 915'4` Please note all
y
CLAIMANT: ]�I0D� ��]CI{Z�I{ 1O��
u` '^��
Lao Offices of Arnold Laub '
ATTORNEY: 43 Panoramic Way
Walnut Creek' C4 94595 Date received
8Y DELIVERY T0 CLERK November 1,
���� hand del .
ADDRESS: "'`
BY MAIL POSTMARKED: envelope
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. Z11"
DATED: November 2 , 1988 epu
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
This claim FAILS to comply substantially with Sections glU and 910.2, and we are so notifying
claimant. The Board cannot act for lS 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
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. - BOARD ORDER: By unanimous vote of the Supervisors present
/
Thi's Claim is rejected in full .
( ) Other:
'^
I certify ` at this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Nov �uw��"� ����
��v
Dated: PHIL BATCHELOR, Clerk, 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 l um now, and at all times herein mentioned, rhave been a citizen of the
United States, over age ID; and that today l deposited in the United States Postal Se,vics in Martinez,
Cal.ifomia, postage fully prepaid m certified copy of this Board Order d N ticeClaimant, d ssed to
the claimant as shown above,
�
DEC '~�—
Dated: ���� + BY: PHIL BATCHELOR by__ uty Clerk
CC: county Counsel ' County *pm`v,rtmtor
r
LAW OFFICE-19 OF ARNOLD LAUB
A PROFESSIONAL CORPORATION 43 PANORAMIC WAY• WALNUT CREE4595 •415/938-4400
1970 BROADWAY•SUITE 1140.OAKLANrCA9ABI j •4 5/839-1652 WEST TEXAS STREET•SUITE 110,R 07/ 5-9334
COuritytferV CREEK: ! �,� i9Q8_` ell,
County of Contra Costa
725 Court Street CLE K HELOR
FPEFJvISORS
Martinez ,Ca 94533 By " C O.
Doputy
NOTICE OF CLAIM FOR PERSONAL INJURIES DUE NEGLIGENCE
(PURSUANT TO GOVERNMENT CODE SECTION 910 .2 )
1. CLAIM AGAINST: COUNTY OF CONTRA COSTA
2. NAME AND POST OFFICE ADDRESS OF CLAIMANT:
Linda Tetrick
LAW OFFICES OF ARNOLD LAUB
43 Panoramic Way
Walnut Creek, CA 94595
3 . THE DATE, PLACE, AND OTHER CIRCUMSTANCES OF THE OCCURRENCE OR
TRANSACTION WHICH GAVE RISE TO THE CLAIM ASSERTED:
Date: 5-2-88
Place: bike path
Circumstances : The path was defectively designed
and/or there were inadequate warning
signs so as to warn plaintiff of the
risk of defendant riding at a high speed
and crossing to plaintiff ' s side of the
path at the sharp curve where this acci-
dent occurred.
4. A GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY,
DAMAGE, OR LOSS INCURRED SO FAR AS IT MAY BE KNOWN AT THE TIME
OF PRESENTATION OF THE CLAIM:
Medical Treatment in the amount of
Lost Wages
General Damages - $100 ,000.00
IIS 5. THE NAME OR NAMES OF THE PUBLIC EMPLOYEES CAUSING THE INJURY,
DAMAGE OR LOSS, IF KNOWN:
LAW OFFICES: unknown
_!;hi.-field 6. AMOUNT CLAIMED IF UNDER $10 ,000 .00. OR STATE WHETHER
Fresno JURISDICTION LIES IN MUNICIPAL OR SUPERIOR COURT:
Modesto
Oakland Jurisdiction lies in the Superior Court
Redwood City
Sacramento
San Francisco /
Sar. Jose DATED: ' f r
San Mateo S I GNAT E:
Santa Rosa A.
-South Lake Tahoe Attorney f r Plaintiff
'Stockton
Walnut Creek
-
-'-, - CLAIM r ' n }:a ft'
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,3CALIFORNiA ,.
} ' .gay ;
Claim Against the County, or District governed by) BOARD ACHON ;
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT NODeIIlber `°2°9, F19$8
and Board Action. All Section references are to ) The copy of this document mailed to.you is'4our noi: ce of
California Government Codes. ) the action taken on your claim by the Board df`Supervisors
(Paragraph IV below), given pursuant to Govern. nt Code
$3
Amount: 661. 00 Section 913 and 915.4. Please note all "Yarnings"..
CLAIMANT: JILL COMWORD County Counsel
5049 Hilltop Drive NOV 3• 1988
ATTORNEY: El Sobrante, CA 94803
Date received M Z, CA 94553
ADDRESS: BY DELIVERY TO CLERK ON OCtO.ber 31, lJ
BY MAIL POSTMARKED: October 28, 1988
I. FROM: Clerk of the Board of Supervisors P;RO.1 OtOEM
Attached is a copy of the above-noted claim
DATED: November 2, 1988 �aIL �ep�tyLOR, Clerk
L. a 1
II. FROM: County Counsel 70: Clerk of the Board of Supervisors
(�This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 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: ' V 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: N 0 V 29 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,
C70 Jf,rnia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: DEC 1 198 BY: PHIL BATCHELOR by V� uty 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 per-
sonal property or growing crops and which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months 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. (Govt. Code §911.2.)
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•
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 the end of this
form.
RE: Claim By ) Reserved for Clerk's filing stamp
RE C FE IVED
Against the County of Contra Costa ) ����0
or
i V �
District) „ DAT Lo
Fill in name o�ere R F Pe Fl�
riTR S
B% e
The undersigned claimant hereby makes claim against he County of Contra Costa or
the above-named District in the sum of $ /-- and in support of
this claim represents as follows: pp
-------------------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
-------------------------------------------------
aStre did the damage or injury occur? (Include city and county)
Gr oao,
3. How did the damage or injury occur? (Give full details; use extra paper if
required)
cud5 louse �rduel on road dUe- 4_le- w tt t�hai- wqs
b�)/1� a(o/�� or. rod :end a sPP"�a{� r'cc-ks h�� m'rc (.��•��s1liE�� ..
--------- 12�����.__�rn L __ ►���n _�: __� __ wo---------_
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
cn r668
(over)
5. What are the names of county or district officers, servants or employees causing
the damage or injury?
-------------_____�____
5. What damage or injuries do ygu claim d? Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
to b
--.---------------- -C- - --- -
8. Names and addresses of witnesses, doctors and hospitals.
K A Ll
I C.)
4te(c U Les,
L
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
�Gn� Q� ��� '�GI►1�
Gov. Code Sec. 910:2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or by some perW on his behalf."
Name and Address of Attorney V
kA ( 'CrV-1 4 etJ(
Clai is 'g ture
50q c l 4(SR.
Address
lir tn4, C
Telephone No. Telephone No. Coq S
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, city or district board or
officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than one year, by a fine of not exceeding
one thousand ($1,000)9 or by both such imprisonment and fine, or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by
both such imprisonment and fine.
WADSWORTH GLASS COMPANY /�
4160 APPIAN WAY,EL SOBRANTE,CALIF.94803 / i/ �- INVOICE NO. '
TELEPHONES:223.7380-223-7381 LLLJJJ
ORDERED .
MAIL PHONE CALL -ClUR P.O.NUMBER
SOLD TO
TAKEN BY - YOUR ORDER NUMBER
STREET
PHONE CHARGE COLLECT
CITY
PHONE FIRST WHEN DONE BY
JOB NAME _
PICK UP DELIVER TIME
ADDRESS
LIGHTS SIZE DESCRIPTION LIST TOTAL UST DIST TOTAL
8 c�0
x i
x 1 r�
x
x
x
x
x c L�';
x
x 7.17
x
x
x
x
x
x
x
x
TERMS:ALL BILLS DUE END OF MONTH OF PURCHASE.DELINQUENT AFTER 10TH OF FOLLOWING MONTH.B PER CENT INTEREST CHARGED AFTER 60 DAYS.
PLEASE PAY FROM INVOICE.NO STATEMENT SENT UNLESS REQUESTED.
RECEIVED THE ABOVE IN GOOD CONDITION DELIVERED BY DATE
AI's Glass -
AUTOS 4012'/2 San Pablo Dam Rd. COMPLETE
E HOMES EI Sobrante, CA 94803 GLASS
1 STORES (415) 223-1291 SERVICE
-2 �
Customer's Order No. Date !�
E �— 19 �a
Sold to
' r
Address 49
: .f city
I Sold by Cash C.O.D. Charge On Acct. Mdse.Ret. Paid Out
r
Quantity Description Price Amount
• � -fit t.� 3 yU �
Tax
Zk You to case of claims or returned goods please present this bill. Total
Received b
F 1 �
ti
CLAIM
r "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 November 29, 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, 394. 46 Section 913 and 915.4. Please note all "Warnings".
r uotr CCl nst :.
CLAIMANT: FARMERS INSURAlldCE GROUP (Robert Cruse)
P. O. Box 4035 3 X06
ATTORNEY: Concord, CA 94524
Date received v ti r.,-f., 0t�
ADDRESS: BY DELIVERY TO CLERK ON October 31, 1988
BY MAIL POSTMARKED: October 27 , 1988
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. /
November 2 , 1988 pp IL ATCHELOR, clerk
DATED: 6�: Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
{ V/ This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
{ } Other:
i`-
Dated: �� �'I �� 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.
NOV 29 1988
Dated: PHIL BATCHELOR, Clerk, By r puty 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 connecti6n 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: DEC 1 ice` BY: PHIL BATCHELOR by LI-eg-puty Clerk
CC: County Counsel County Administrator
ti
THE
Farmers Insurance Group .F....ANIIIIIEIS
BRANCH CLAIMS OFFICE
1660 Challenge Drive
P.O. Box 4035
Concord, California 94524
Date: 10-27-88 (415) 827-1186
'Clerk of the Board
651 Pine St . #106
Martinez , Ca . 94553
IN REPLY PLEASE REFER TO: OUR CLAIM MO: B2 33467
Our Insured: Kenneth Muns ®®,�
Date loss: 7-23-88 RECTIT'ED
_Our Policy No.: 12144-40-71 �-1 `�
SALN: B2 33467 1
Location: Hwy 4 , Oakley, Ca . OCT 3 1 1988
Your Insured: Robert Crase
Address: 651 Pine St . , Martinez , C a . rHiL BATCHELOR
K COARD OF SUPERVISORS
CLERK Your Policy No.: NSA COfvTP,ACCSTACO.
Total Claim: 1 ,394 .46 B De
(incl. our ins. deduct.)
Deductible: 500 .00
Our investigation has established that the above loss was caused by the negligence of your insured.
[� We have made payment to our insured for the damage. By virtue of our subrogation rights, we
request reimbursement from you for the amount shown on the attached repair bill.
❑ By virtue of our subrogation rights this is to advise you that we shall seek reimbursement from you for
the amount of the damage. We are arranging for repairs and when completed, a copy of the repair
bill will be forwarded to you.
Our name should appear on any draft made payable to our insured in settlement of his damage. If you have
already made a settlement with our insured, please advise us immediately.
Your prompt consideration of our claim will be appreciated.
Very truly yours,
Ana Hernandez
SUBROGATION CLAIMS
23-03887$61351200 f ST PRINTED IN U.S.A. Q,. WE ARE MEMBERS OF THE INTERCOMPANY ARBITRATION AGREEMENT
i:Lae►tit lU; aVti� vc yr �.v..�s..� ...•�eV1f1CAIj�S►78rSpp��GlLi�pnly.
I^ Instructions to Claim --C!erk of the Board
►, 6J"/P., a S�./ pyo i�
M rtinez.Calitomia 04553
A. Claims relating to causes of action for death or or 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 mLst 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 tTis form. •
�*•*•*•t��R�t�*��*�**��*•*��**�**�*�**•+�•Rt�t�*r*,rR��rt��trr�tt***mow♦*****
RE: Claim by )Resery g stamps
Farmers Ins . Group ) RECEIVED
)
Against the COUNTY OF CONTRA COSTA)
or Robert Crase DISTRICT)
CLE T P CRV
(Filln name ) TRA T ^
ey . ........ !.... y
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 1 ,394 .46
and in support of this claim represents as follows:
------------------------ -------------------------------- -- ---
�. When did the damage or Injury occur? (Give exact date and hour
July 23 , 1988 at 6 :1.5 p.m.
�: iel�iere did tie damage or Injury occur? Include city and countyj-
Hwy 4 , Oakley , Ca .
3. How did the damage or in3ury occur? (GiveuII �etaiI's, use extra
sheets if required)
Mr. Robert Crase your insured hit our insured. Did not see our
insured or yield the right of way . (please see attached)
4. what particular act or omission on the part o� county or district
officers, servants or employees caused the injury or damage?
Did not see our insured.
(over)
employees gausing -".he damage or injury?
6.--What aamage or in�ura.es coo you claim resu�te�3 �Gtve-�u�I extent
of injuries or damages claimed. Attach two estimates for auto
damage)
Damage to front grill and hood.
?. How was the amount cla�.med above computed? Include the estt:aatec�
amount of any prospective injury or damage. )
Our insured brought his vehicle to our drive-in dept .
-----------..------------- -----,._-__- --_------..- _..
---------------
B. Names and addresses off-witnesses, doctors and hospitals
N/A
�. List the` expenditures you made on account of this accrdent ornury:
DATE ITEM AMOUNT
10-17_88 Auto Repair 894 .46 plus ded .
!:*�,tfltstr*�t*!ir*!t!r!r*�Ittr****���R�t*�tt�r�**,k*�Ir*trir��r�k*ttr*�rtrArtrRlrr*�Ar�lttAtrtftir*�yR*+k*
Govt. Code Sec. 910.2 provides:
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some rson on his behalf. "
Name and Address of Attorney 7.
aimantignature
Nla P.O. BOX 4035 , oncord, Ca . 94524
Address
827-1186
Telephone No. Telephone No.
tttttttttttittiritttttttt#tttttttt�*,r***tt�*�*�rt�**rlittt�**�Ir:�R*1!**+k�***tit*�,t�
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. "
St Pwfia Policy Nonba FARMERS INSURANCE GROUP OF COMPANIES 11-57/713
I I t I I I I PLEASANTON,CALIFORNIA 1210
I I I I 1 I 1 FN Cl~ Told r ,,,_I Cash Tw knu.ds
52. •1 v P ❑ A f road ❑ Lori L `M1� ❑in Lieu ❑D.d Wdwd
Loss Dote Truck Claim No WN Nomad 4eured .
I Pasoan
07123188 8 Truck
•p lM (F'Coves n�t a of cksm Lir C— ll) P, dation Cloimont(Cm Towing loves,showCor Dec 6 boa Cat .
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CA AROIS REMESDffATWE SIGNATURE
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DATE ,s*, �t jar
I �'•,,�"' s.r~0"WINA•.6"V&5WA"Ik fr DUPLICATE -Forward to Your Regional Office.
r s COPRECTION CARD MADE ❑YES ❑NO
AUG. 0 31 Z
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COl_'�ISION REPORT 98A
TJRAF. _ ,•• ,
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HET A RUN ALRn.aA.L
ATTHICT MANNER
NDUTwW". FELQQ � 1-4
EE �GUNT REPORTING aiTfC( � utl,fC N 1wG Ya
. ��
COLUSRON OCCUYPIEON RPO. DAY r TIME(SROM
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o ----- -----------------------------------------•----
rntrosT wRaRrAnoN ) DAY w WEEK
Tow AWAY PgTOOM►A.v:
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PARTY I X's LICENSE NUMOER TE CLASS SAFETY VEHL YR M"l l L/DOLOR LICENSE MINER STATE
o SOLA.. �o? . , . 40j-..
.AVER I NAME RRST.MIDDLE,LAST)
0 jgkTMAN
�1//✓EI /�uHS
PEDES STREET ADDRESS Ow m*S NASA SAME AS DRIVER
PARKED I QN I STATE I DP OWNS"ADDRESS SAM[AS DRIVER
VEHICLE / ■ /R. /
❑ Cf H
.CMI. FEE cl t"'I I HAIR IRwjHR �60, IS
RAS[ DISPOSITION OF rWCLE ON ORDER.M. a OFIICER�.RIV61 O OTHER
clnr LJ 1 � oAr i/,v\E iL'.�q/�/'�_`,/lfA_�.iV
O
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❑ (PHONE��- 9 OTHER Z .t) L,2— �� 1#011 RAHICLCIYNCAI DEIECTf: NONE A/iAIiMT WFER 10 NYMA7IV[
CHIP USE ONLY RI.t VEHICLE DAMAGE SHAO[N DAMAGED.AREA
VEE TYPE
fAL.LANtt CARRIER POLICY Mums" : WO, MOPEi
NoNd' 22; DESC006 MAYOR TOTAL
ORR.OF ON ETRE A pEEO PCF Ncc Q.
1-�/ CMF Q
PARTY GAVE NSE NuwRill STATE CLASS SAFETY VEHL VR YAK[/YODEL/ oR man" .TATE
z 3G vG�'6,2 G;4. �- .OLAP. 8BF � . . . . . . . . . 13.
DOW. RST,MIOOL[.LAST) QNI CA
FIDES• STREET ADDRESS OMMER'f NAME ❑FAM[AS R
o
PARKED arl/STATE/zRP � 0..... SAY[AS DRIVER
INCY. su "AIR EYES �; WEIGHT .MRMDATE MCt afPOSTON OP VEHICLE ON ORDERS OF: O OFMR my= O 0""p i2
19
O o m Ptl
PRO"
/ t�tJ'3 PRIOR MECHANICAL ORPEM: now APPARENT RMA 10 NA/N1M
(p T C/0,USE OH4r DtsdY.t VEHICLE DANA" *10,0[.1 DAMAGED ARIA
VEHICLE TYPE
FRS E CARWERR POLICY NLIMIER Q,w 0Nam V EMP
�vPCF . �MAdOR TOTAL '
a_ w of ON STREE7Go I' Av p �[w/ 'cc E3
Fm D • v
PARTY Dl*rERt tPCt•A[Hun.tRR STATE CLAS* A" VEM VR. MAKE E MOo61
. . . ooLAR HCA»•*man" STATE
3 . . . . . . . . .
OAVOR NAME(WHIT,OMLE.LAST)
R� EYNEET ADDRESS OwHvm MAY[ Q SAY!AS DROVER
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PARKED CRV/STATE 121► 01P1•E111 AGGRESS FAY[AS DRIVER
O
VEMRLE
Of[1 I H0,01 trtf MRO.RT w.GMr Y0. ofTTwv n TSAR RMC* DHInoiRTRpN OF V.SCIE oN oRDERi OF. a ORRCER O DRIVER 0o--
CLOT
OTHER NOPE PHONE &AMSS PHONE MOR MECHANICAL O*PECT& MORE APPANOW ENPg 10II11IATV! 0
o C , CMP LAE ONLY O*SCRSE VEHICLE DAMAGE SNAGS M DAMAGED AREA
VEHICLE TYPE P--f
fMURAHCE WRIER POUCY"~R a ❑UELNOM
1 11.N01R
• MOD. NAM UC TOTAL
CA orON STREETOR IfWMIAY p[[D PCF CC • ,
TPYV6 LIMIT PUC
CIM 13
rw DISPATCH NOTED PANEWER'SMAYR
• 0 VES O No WA • K.O G
`STAT[W MPG'*" �
TRAFFIC COLLISION CODING ..a
A I,rM 1 I B[ p
No. DAV g r[AA d /
PROPERTY
DAMAGE �ro
AMA
SEATING POSITION f C jrPANTS SAFETY EQUIPMENT FLUET EJECTED FROM VEH.
I•DRIVER A-NONE IN VEHICLE L-AIR BAG DEPLOYED 0-NOT EJECTED
AW' 2 TO S-PASSENGERS 0-
UNKNOWN M•AIR SAO NOT DEPLOYED DRIVER
7•STA.WON.REAR C-LAP BELT USED N-OTHER V-NO 2 PARTIALLY EJECTED
-PULLY EJECTED
I•RR OCC.TRK-OR VAN d-LAP BELT NOT USED P-NOT REQUIRED W-rES 2.
-POSITION UNKNOWN E-SHOULDER HARNESS USED 2
123 0.OTHER F-SHOULDER HARNESS NOT USED CHILD RESTRAINT PASSENGER
456 G-LAP i SHOULDER HARNESS USED O-IN VEHICLE USED X•NO
H-LAP!SHOULDER HARNESS NOT USED R-IN VEHICLE NOT USED Y.YES
7 J-PASSIVE RESTRAINT USED 8-IN VEHICLE USE UNKNOWN
K-PASSIVE RESTRAINT NOT USED T-IN VEHICLE IMPROPER USE
U-NONE IN VEHICLE
ITEMS MARKED BELOW WHICH ARE FOLLOWED BY AN ASTERISK(•)SHOULD BE EXPLAINED IN THE NARRATIVE
PRIMARY COLLISION FACTOR TRAFFIC CONTROL DEVICES TYPE OF VEHICLE j 2 MOVEMENT PRECEDMK3
LIST NUMBER I OF PARTY AT FAULT � •3
• A VC SECTION VIOLATE9; 03vn A CONTROLS FUNCTIONING A PASSENGER CAR!STA.WGK COLLISION
S CONTROLS NOT FUNCTION G- B PASSENGER CAR W/TRAILER A STOPPED
fH B OTHER IMPROPER DRIVING• C CONTROLS OBSCURED MOTORCYCLE!SCOOTER
B PROCEEDING STFWGHT
C OTHER THAN DRIVER- D NO CONTROLS PRESENT/FACTOR- Q KUP OR PANEL TRUCK C RAN OFF ROAD
TYPE OF COLLISION E PIC /PANEL TRK.W/TLR. D MAKING FIGHT TURN
D UNKNOWN' A KA04N F TRUCK O&TRUCK TRACTOR E MAKING LEFT TURN
S E FELL.ASLEEP' B SIDESWIPE G TRK.1 TRK. AACTOR W 1 TM F MAKIND U TURN
C REAR END H SCHOOL BUS G BACKING
WEATHER MARK i TO 2 IT D BROADSIDE I I OTHER BUS H SLOWING!STOPPING
A CLEAR E NT OBJEC I J EMERGENCY VEH I PASSING OTHER VEHICLE
B CLOUDY F OVERTURNED K HWY.CONST.EOUW AcJ CHANCING LANES
C RAINING G VEHICLE!PEDESTRIAN L BKCYCLE K PARKING MANELNER
D SNOWING H OTHER% MOTHER VEHICLE L ENTERING TRAFFIC
E FOG r VISIBILITY FT. MOTOR VEHICLE INVOLVED WITH N PEDESTRIAN M OTHER UNSAFE TURNING
F OTHER-: A NON.COLLISION OMOPED N XiiG INTO OPPOSING LANE
G VI IND B PEDESTRIAN O PARKED
LIGHTING (`,OTHER MOTOR VEHICLE - P MERGING
A DAYLIGHT MOTOR VEH.ON OTHER ROADWAY OTHER ASSOCIATED FACTOR Q TRAVELING WRONG WAY
B DUSK-DAWN E PARKED MOTOR VEHICLE ` (MARK I TO 2ITEMS) OTHER:'
C DARK-STREET LIGHTS F TRAIN A vc"cncw"OLAT"t also
(1 DARK.NO STREET LIGHTS yn
G BICYCLE C)NO
E DARK• STREET LIGHTS NOT H ANIMAL: B vc sacnoN TION: arTo
FUNCTIONING' EVES
8O8WETY.DRttG
ROADWAY SURFACE I FIXED OBJECT: Col- PHYSICAL
C vc UCTION voww* TIC Z 3 YES (Kum
=TDI tf1CM�)
A DRY
8 WET J OTHER OBJECT: A HAD NOT BEEN DRDBCM+G
C SNUWY-ICY D
D SLIPPERY(MUDDY,OILY,ETC.) E VISION OBSCURiE1ENT; B HSD-WIDER INFLUENCE
F INATTC HBD-NOT UNDER INFLU-
ENITION'
ROADWAY CONDITIONS G STOP E n TRAFFIC D HIO-IrN�+T LINK'•
(MARK 1 TO 2 ITEMS PEDESTRIANS ACTION E UNDER DRUG HNFLU.'
A NO PEDESTRIAN INVOLVED H ENTERING/LEAVING RAMP
A Hous,DEEP RUTS' ( PREVIOUS COLLISION F AWAIMM 14T.M/YSICAL'
8 CROSSING w CROSSWALK J UNFAMILIAR WITN ROAD G IMPAIRMENT NOT KNOWN
LOOSE MATERIAL ON ROWY.• AT INTERSECTION H MDT APPLICABLE
C OBSTRUCTION ON ROADWAY- I(DEFECTIVE VEKL P.: 0
C CROSSING w CROSSWALK•NOT A J �� QTts f SLEEPY r FATIGUED
D CONSTRUCTION-REPAIR ZONE AT INTERSECTION /��/ No SPECIAL INFORMATION
E REDUCED ROADWAY WIDTH D CROSSING-NOT IN CROSSWALK L UNINVOLVED VEHICLE A HAZARDOUS MATERIAL
F FLOOOEO• E w ROAD-INCLUDES SHOULDER M OTHER-:
G OTHER•: F MDT INROAD N NONE APPARENT
H NO UNUSUAL CONDITIONS G APPROACH/LEAVING SCHOOL BUS O RUNAWAY VEHICLE
IKMTCN iSSC[LLA1lOYS
fry" 0
LNH4,F- -Mur
MOMTM
r-
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STdTf Of CALInORNIA
lApTUAL DIAGRAM •Ra�
DATE OF C4Ll O=N S YR 1 TIY0.4/-r 1"c,c "
ll=ffl�
ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE
� w f
ORi
LrvE OAS �D .
33
Dw. �`� I.��cw �i� rw, w[vlf Rcw's Nwrc ro. DAv vR.
otI nDI nA7 BVlJ
DJTYP9 SVfOPL8MffNTAL ("Xl*AP-LICAW.61
■ IIATALNOT& RUN UPDATE
■ ■ MAZ. MATERIALS ■ SCHOOL BUS ■
ow
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INSURED'S G 28026
FARMERS INSURANCE PAYMENT
GROUP OF COMPANIES AUTHORIZATION
Date 7
Insured fit /v1 UN� of loss SALN ��
j Claims /
Policy Number _T/L'( L [ d �/ Representative ^�
PART I INSTRUCTIONS TO POLICYHOLDER
A) Present this form and our estimate to the repair,shop.
B) You must authorize repair. When repairs have been completed and you have inspected your vehicle,
sign this form below.
C) Your signature indicates the repairs are acceptable and you authorize the amount shown to be paid
direct to. the repair facility. `
I have inspected my vehicle and repairs are complete-4 authorize the Company to pay
to this repair shop on my behalf. �..
INSURED'S SIGNATURE - - DATE—
PART
AT PART II STRUCTIONS TO REPAIR SHOP
Al If you have ary questions;
about the estimate, contact the Farmers Representative.
8) Anj:JWotion from the original estimate amount must be approved in advance. - -
C) Please complete this ection.
SHOP AME SHOP NEA
4a7— ZIP C-UM
ADDRESS CITY ATE
Shop Incorporated? es ❑ No Federal Tax # rj Uy
D) Return to us your itemized repair invoice, together with this original, signed document to:
Farmers Insurance Group of Compapte
i .
BRANCH CLAIMS OFFICE 0�n� 17 Ji38
1660 Challenge Drive
P.O. Box 4035
Concord, California 94524
(415) 827-1186
1 -*e IN ^ P/1r% & A We % /r11r% 1117- A I 1re0Cf1
1
THIS INSTRUMENT IS
NOT AN AUTHORIZATION
TO REPAIR
SUPPLEMENTARY REPAIRS
MUST BE INSPECTED
BEFORE REPAIR
i. - E i ._.
FARMERS WNANLE a;;iii THIS 14MUMENT IS
= 4bbfi CHALLEt+kC,E CIF:IVF. NOT AN AUTHORIZATION
COid%OR . C,, n+`2s TO REPAIR"
t,
�::.._.._....<- (415) 9,-11P6 SUPPLEMENTARY WAIRS
Al L06 KG 1145i)4E DATE :i t.;;:_ MUST BE INSPECTED
BEFORE REPAIR
CfLAAtLftl�1 b`i=v!467 PO!ICY4 1214sr I _. __.___... . ... ..
wa:, WIE 0„23,88 = 1,C. i+r Luo.: wL :u
INV DATE 69110/88 LOC,AT!i,N
HU31JEfER J. E6AN r219 COMPANI
E4EN F'ARI EC=ECOKMf PART Eli=LIKE KING, b EJALI'i E 1:zekd i'=CHLUI'
I=KPAlR ALIGN!?SU9LE1 L=REFINiSH N=AK ITICINi"_ LALD OPERATION
P=F'_ACE E1=LAFORi PAR 11AL RF.1-i [=tt:�i'�''f'nl i[nL kfF'nik
hALL064"E RP=RE-ATEG KION' CAI4AK ;.tP=UNkEL4TE0 PRIOR 001A6E
IE' F M. RANGER PICKUP. WOO THROUtiti CAL14i NIA AUTO WE01PS
PEC FI;.,'.L!;' 'E';f:..
i.` ki!' . 1'.!i:. I A ii., iL'L' r
THIS INSTRUMENT IS
NOT AN AUTHORIZATION
TO REPAIR
1' :-:-. E SUPPLEMENTARY REPAIRS
_1JC L r.. .1�1'7t. f•.#i / -_� disp�ir ltf
- THIS INSTRUMENT IS
I'—"NL':I F: E i l c; L i 1 NOT AN AUTHORIZATION
TO REPAIR
SUPPLEMENTARY REPAIRS
MUST BE INSPECTED
17.
L1_.V.: L BEFORE REPAIR
/„L itle C'Ii3I••E �1�1� ��'.LFi d..o 0 1
ma
c•
Lhiur; kn1E REPLME`: HRS REPAIR lib:a
I-S�iELI METAL 4 3.1 8.5 48?.2-0
-c;:MnE 422 01:
4-P.EF11;;.SH ,2. f: 9., 31G.f1,';
--T'nlfil Mr.TL41nL 16...
'-'-JLET RLF'esi�S 41.tsG'
6rlkc 1C-TAL 1.344,4b THIS INSTRUMENT IS
. GE@lICTlLE NOT AN AUTHORIZATION
LFL
TO REPAIR
t; T91•',L 814.46 SUPPLEMENTARY REPAIRS
MUST BE INSPECTED
i;;t i fai!N t ii ?L Lia -'14;:41 vi,;L t�' ;t :;,J 14:1;:1'1 u35 . cf3 4'3(VJiU BEFORE REPAIR
-_-
C.
5l='Pi.iE�' SLW;[.iEr L SFS
�r{�,i tiESCP,iP?li!'< i H> ' WJi4Etr: F'R1iE S LGE
V1..;L L nS3LIni:.} is i i
i!Lc h;:' .eL FL•I-sato t I t I u3
uri.il_E hESEML S:. I { t 1 i
rinh'�t
•moo®
:L i_' THIS INSTRUMENT IS
NOT AN AUTHORIZATION
ti. _i P."tli• ':;'" _ TO REPAIR
;, „�
SUPPLEMENTARY^REPAIRS
r
�,_ r.. .12.E _ ^:Y. Z� �•.. � .�L
I 11 111
CLAIMBOARD OF
� . SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District governed by)
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT November 29 $ , 1988
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
the action taken on your claim by the Board of Supervisors
California (Paragraph IV below), given pursuant to t Code
C�ountv ��[/uns�|
Amount: $15 ' 883 . 34 Section 913 and 915'4' Please nnte all "Q��ningg^,
� � �
1��A
CLAIMANT: FARMS,FARMS,��O � �S, INC. ~��T ~ , '~~`
2800 W. March Lane #330 Martinez. [}/\ 94553
ATTORNEY: QtOcictOIz, CA 95207
Date received
ADDRESS: BY DELIVERY TO CLERK ON October 7 1988 PW
BY MAIL POSTMARKED' October 21 1988
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: October 2/+, 1988 , PMlL BATCYELOR, Clerk
L. ..^l^
11. FROM: County Counsel JO: Clerk .of the Board of Supervisors
This claim complies substantially with Sections 910 and 9 10.2.
( ) This claim FAILS to comply substantially with Sections 010 and 910,2° and we are so notifying
claimant. The Board cannot act for 15 days (Section 810.8).
( )
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),
1 )
Other:
Dated: By —Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By ununimmus vote of the Supervisors present -
/his Claim is rejected in full.
( )
Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: NOV " 0 1~986
PHIL BATCHELOR, Clerk, puty 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 immediatelv.
AFFIDAVIT OF MAILING
I declare under penalty of porjvry that l am now, and at all times herein mentioned, have been a citizen of the
United States, over age lD; and that today l deposited in the United States Postal Service in Martinez,
'-! 'fo/niu, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: DEC 1 1988 BY: PHIL BATCHELOR h Clerk
CC: County Counsel County Administrator
—_
J.Michael Walford
Contra Public Works Director
Costa Public Works Department
Milton F.
255 Glacier Drive I{ubicek
County Deputy Director
Martinez. CA 94553-489
Maurice E.Mitchell
October 17, 198 Deputy Director
RECEIVED
Tarty J. &Xos
Facutive Vim President
Z'he Vaquero Farms Inc.
PHt!BgATCHELOR
2800 West March Zane, Suite 330 CL_.RK BOARp OF SUPERVISORS
Stockton, CA 95207By CONTRA COSTA CO.
Deputy
Dear Mr. Enos:
We are in receipt of your claim for $15,883.34 against the Public Works
Department for damage to your tomato fields. All clam against the County
must be filed with the Clerk of the Boatel. Ctrmaquw tly, by copy of this
letter I am forwarding your claim with its attar mlents to the Clerk of the
Board for further processing. If you have questions about the claims
process, please contact the Clerk of the Board at (415) 646-2371.
Very truly yam,
' i
Karin Dussell
Administrative Svcs. Assistant III
Administrative Services Division
SCEs:I<D:j eo
tcmfld.t10
r
LARRY J. ENDS
Ewcutw vice President -
October 7, 1988
Contra Costa County
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Attention: Karen Dussel
Dear Ms. Dussel:
We have now completed the harvest of our damaged field in the Brentwood area.
Enclosed for your review are the following: damage calculation of yield loss and
additional expenses incurred, listing of all loads harvested from subject field,
and opinions of various experts.
As you can see from the enclosed damage calculation, the total loss amounts to
$15,883..34. It is our opinion, based on all available information, that the
Contra Costa County Public Works Department is responsible for this loss. I
would like to settle this matter between us as quickly as possible. After your
view of the enclosed data, please contact me so that we can discuss the matter.
Si cere ,
�S
arrylEnEn
Executive Vice President
LE:kh
Enclosure
2800 W. March Lane, Suite 330 Stockton, CA 95207 (209) 476-0002
John Ford - Contra Costa County Public Works Department
Has repeatedly stated that this problem has been caused by 2-4D drift from
another field. This has been refuted both by tissue analysis and expert testimony
of Ken Dunster.
Ken Dunster - Rhone Poulenc Ag. Co.
Has worked many years in the agricultural chemical manufacturing and develop-
ment business with extensive background in 2-4D. He inspected our field and says
2-4D was not the cause of the damage.
Thomas Watson, Ph.D. and Leon George, Ph.D. - Plant Pathologists with California.
Department of Food and Agriculture
Both of these men have worked on many cases involving "Oust" damage in
California in recent years and they feel our damage is from Oust.
Kay Mercer - Vegetation Management Specialist - DuPont
Has stated that she told John Ford that "Oust" should not be used in Agricul-
tural areas like Brentwood.
Bob Mullen - U.C. Extension Service Farm Advisor
Inspected our field and stated that our problem is related to a pre-emergence
herbicide which "Oust" is.
DAMAGE CALCULATION
OUST SPRAY DAMAGE - ROSA RANCH
HIWAY 4, BRENTWOOD
C.C.C. PUBLIC WORKS DEPT.
11 Acres
Per Acre Total
I. Additional Expenses to replant 11 acres:
Seed 146.25
Prepare Seed Bed 8.00
Plant 8.00
Irrigation Labor 35.00
Total Additional Expenses 197.25 2,169.75
II. Yield Loss on replant, acres:
11 acres replant area
(6.15 tons per acre x $45.17 per ton) 277.80
55 acres remainder of field
(33.75 tons per acre x $45.17 per ton) 1,524.49
Yield Loss (27.6 T.P.A. x $45.17) 1,246.69 13,713.59
TOTAL ADDITIONAL EXPENSES & YIELD LOSS $15,883.34
Rabe No1 Grading Report - Sorted by Cannery
09/20)/88
TagNum Date ' Cn Net Wt Pd Wt Warm Mold Green MOT L. U. Calor Solid Othu.,
CANNERY: HE
797094 OS/21 - HE 50450 49945 O. 0 0. 0 1. 0 0. 0 1. 5 21. 0 5. 5, 0. �)
797111 08/21 HE 55530 54419 0. 0 0. 5 1. 5 0. 5 1. 5 20. 0 5. 2 0. 0
797134 08/21 HE 51010 50245 0. 0 0. 5 1. 0 0. 5 3. 5 21. 0 5. 2 0. 0
797146 08/21 HE 54630 53811 0. 0 0. 5 1. 0 0. 5 2. 0 22. 0 4. 9 0. (:)
797162 08/21 HE 5790 56717 0. 0 0. 0 1. 0 0. 5 1. 5 2223. 0 5. 2 0. 0
797172 08/21 HE 56330 55485 0. 0 0. 5 1. 0 0. 5 2. 5 22. 0 5. 3 0. (.)
777195 08/21 HE 53550 53014 0. 0 0. 5 0. 5 0. 5 1. 5 21. 0 4. 3 0. 0
797198 08/21 HE 55::10 54106 0. 0 0: 5 .� 1. 5 1. 0 2. 5 24. 0 5. 2 0. 0
797211 08/21 HE 50810 50302 0. 0 0. 0 ho 0. 5 1. 0 21. 0 4. 5 0. 0
797214 08/21 HE 54730 54456 0. 0 0. 0 0. 5 0. 5 1. 5 20. 0 5. 2 0. 0
797222 08/21 HE 54730 54183 0. 0; 0. 0 1. 0 1. 0 2. 0 224. 0 5. 1 0. 0
797227 08/21 HE 54370 5382E (:). 0, •�-). 5 0. 5 0. 5 1. 0 22. 0 4. 7 C). Q
797230 08/21 HE 54810 54262 0. 0 ' 0). 5 0. 5 0. 5 1. 5 22. 0 5. 2 0. 0
797232 08/21 HE 54210 ,.539;39 0. 0 0. 0 0. 5 0. 5 0. 0 221. 0 4. 3 0. 0
797243 08/21 BE 55250 54145 0. 0 1. 0 1. 0 1. 0 0. 5 21. 0 4. 9 0. 0
79745 08/21 HE 53050 52785 0. 0 0. 0 0. 5 0. 5 1. 5 20. 0 4. 5 0. (:)
797247 08/21 HE 52370 51846 0. 0 0. 0 1. 0 0. 0 2. 0 21. 0 5. 1 0. 0
797249 08/21 HE 49950 49451 0. 0 0. 5 0. 5 0. 5 0. 5 22. 0 4. 5 0. 0
797259 08/21 HE 51770 51252 0. 0 0. 5 0. 5 1. 0 22. 5 20. 0 5. 1 0. 0
797269 08/21 HE 53330 52797 0. 0 0. 5 0. 5 0. 5 0. 5 19. 0 4. 4 c_), (:)
797270 08/21 HE 54670 53850 0. 0 0. 5 1. 0 0. 5 2. 5 223. 0 5. 0 0. 0
797278 08/21 HE 520)52.) 51269 0. 0 0. 5 K0 0. 5 1. 5 20. 0 5. 0 0. 0
757279 08/21 HE 5335" 53083 0. 0 0. 0 0. 5 0. 0 0. 5 21. 0 4. 7 0. 0
797283 08/21 HE 54270 53999 0. 0 0. 0 0. 5 0. 5 0. 0 21. 0 4. 4 0. 0
797.321 08/22 HE 53370 52836 0. 0 0. 5 0. 5 0. 5 1. 5 20. 0 4. 8 0. 0
797358 08/22 HE 52430 52430 0. 0 0. 0 0. 0 0. 5 1. 5 22. 0 J. 9 0. (:)
797390 08/22 HE 54210 53668 0. 0 0. 0 1. 0 0. 5 2. 0 19. 0 5. 1 0. 0
797462 08/22 HE 52410 52148 0. 0 0. 0 0. 5 0. 0 22. 5 23. 0 5. 2 0. 0
797549 08/23 HE 54830 53733 0. 0 0. 5 1. 5 0. 5 2. 0 20. 0 5. 1 0. U
797557 08/23 HE 51270 50501 0. 0 0, 5 1. 0 0. 5 1. 5 21. 0" 5. 0 0. (:)
797566 08/23 HE 54770 53948 0. 0 0. 5 1. 0 0. 5 1. 5 22. 0 5. 5 0. 0
797579 08/23 HE 54110- 53569 0. 0 0. 5 0. 5 1. 0 2. 5 22. 0 5. 0 0. 0>
797588 08/23 HE 51990 51470 0. 0 0. 5 0. 5 1. 0 2. 0 24. 0 4. 8 0. (:)
797600 08/23 HE 50250 49747 000 0. 5 0. 5 1. 0 1. 0 23. 0 5. 0 0. (:)
797610 08/23 HE 53490 52955 Ono 0. 5 . 0. 5 1. 0 2. 0 22. 0 5. 0 0. 0
)
797624 08/23 HE 53670 52597 0. 0 t_) 1. 0 1. 0 1. 0 2. 5 21. 0 5. 0 0. 0
797635 08/223 HE 50470 49713 0. 0 0. 5 1. 0 1. 5 1. 0 23. 0 5. 2 0. 0
797651 08/23 HE 52110 51589 0. 0 0. 5 0. 5 0. 5 1. 5 23. 0 5. 0 Q. ()
797673 08/23, HE 52910 52645 0. 0 0. 0 0. 5 0. 5 1. 0 24. 0 5. 2 0. 0
797680 08/23 HE 55350 55350 0. 0 i 0. 0 0. 0 0. 5 1. 5" 22. 0� 5. 4 0. 0
.797688 08/23 HE 55570 55570 0. 0 0. 0 0. 0 0. 5 1. 0 21. 0 4. 6 0. (:)
797693 08/23 HE 51270 51270 0. 0 0. 0 0. 0 0. 0 2. 0 21. 0 5. 0 0. 0
797705 08/23 HE 55290 55014 0. 0 0. 0 0. 5 0. 5 1. 5 21. 0 5. 2 0. 0
797707 08/23 HE • 53790 53252 0. 0 0. 5 0. 5 0. 5 5 1. 5 21. 0 5
797719 08/23 HE 55830 55272 0. 0 0. 0 1. 0 0. 0 1. 5 22. 0 5. 0 0. 0
797722 08/2:3 HE 51790 51531 0. 0 0. 0 0. 5 0. 5 2. 0 22. 0 5. 2 0. 0
797738 . 08/23 HE 56050 55770 0. ) 0. 0 0.-5 0. 5 2. 522. c_)
-803%5- 09/"20) -HE 5%70 5�=407_ 'C),--i-= 0. 5 0. 0 0. 0 2. 0- - 31. 0
5;"a 0. c:)
803579 - 05/20- 0 49750 49212: c_), 0i 0. 5 '0. 5 0. 0 1. 5 23. 0 5. 6 0. 0
$ t.:::SSSE 09/20 HE 34570 3370S 0. 0 1. 0 1. 5 O. O 1. 0 25
CANNERY: HE
AVERAGE: 530:39 02163 0. 00 0. 32 0. 70 0. 52 1. 59 21. 84 5. 01
TOTAL : 2:2651940 . 0. 0 35. 0 79. 5 251�. 4
2625131 16. C) 2E•. c:) 1092. 0 0, c:)
Paid weight to net weight ratio : 0. 98%
page No. 2 Grading Report n Sorted by Cannery
039/203/88 -
TagNum We - Cn Net Wt . - F'dWt Warm_ _ Meld Green - MOT __-_=L.-U. _ Color Solid Other
CANNERY: IN
712655 08/22 IN 55010 M635 6. 0 0. 5 1. 0 0.2 0. 5 2:3. 0 4.7 0. 0
712658 08/22 IN 50170 49417 0. 0 0. 0 0. 5 0. 5 1. 5 23. 0 5-0 0. o
i
712659 08/22 IN 47030 44914 0. 0 1. 0 0. 5 1. 0 1. 0 22. 0 5. 0 0. 0
712660 08/22 IN 58390 57514 0. 0 0. 0 0. 5 0. 5 0. 5 21. 0 4. 8 0. 0
712664 08/22 IN 45150 44247 0. 0 0. 5 03. 5 0. 5 2. 0 23. 0 5. 0 0. 0
712665 08/22 IN 51290 50264 0. 0 i� t_3. 5 0. 5 0. 5 1. 5 222. 0 4. 7 0. o
i
712670 08/22 IN 46510 45347 0. 0 3 0. 5 1. 03 0. 5 1. 5 203. 0 5.7 0. 0
)
712671 08/22 IN 50410 48394 - 0. 0 0. 0 1. 0 1. 0 0. 5 20. 0 5. 1 Q. 0
712679 08/22 IN 57510 56360 0. 0 0. 0 1. 0 0. 5 0. 5 20. 0 5. 3 0. 0
3
7122686 08/22 IN 56890 55752 0. 0 0. 5 0. 5 0. 5 0. 5 203. 0 4.7 0. 0
712687 08/22 IN 480 350 470 389 0. 0 0. 5 0. 5 0. 5 2. 5 21. 0 5. 0 0. 0
712691 08/22 IN 51830 50793 0. 0 0 0. 5 0. 5 0. 5 4. 0 21. 0 4. 5 0. 6
712694 08/22 IN 52050 49968 0. 0 3 0. 5 0. 5 1. 0 2. 0 19. 0 4. 8 0. 0
3
712695 08/22 IN 59130 57652 0. 0 0. 5 1. 03 0. 5 2. 5 23. 0 4. 8 0. 0
712705 08/22 IN 49150 48167 0. 03 0. 0 1. 0 0. 5 2. 5 22. 0 4. 9 0. 0
712707 08/22 IN 51150 49871 0. 0 0. 5 1. 0 0. 5 5. 03 23. 0 5. 0
71271.3 08/22 IN 51570 50281 03. 0 0. 5 1. 0 0. 5 3. 0 21. 0 4..8 0. 0
712723 08/22 IN 53110 52048 0. 0 03. 5 0. 5 0. 5 3. 5 19. 0 4. 6 0. 03
712724 08/22 IN 52210 51166 0. 0 0. 5 0. 5 0. 5 2. 0 19. 0 4-8 0. 0
712728 08/22 IN 53910 52293 0. 0 1. 0 1. 0 03. 5 2. 0 20. 0 4. 6 0. 0
712730 ' 08/22 IN 54170 52816 0. 0 1. 0 0. 5 0. 5 2. 0 20. 0 4. 6 0. 0
712 733 08/22 IN 54050 52969 0. 0 0. 5 0. 5 0. 5 2. 5 20. 0 4. 8 0. 0
712735 08/22 IN 53650 52040 0. 0 0. 5 1. 5 0. 5 1. 0 19. 0 4. 8 0. 0
712737 08/24 IN 50450 49441 0. 0 0. 5 0. 5 0. 5 1. 5 19. 0 4. 8 0. 0
CANNERY: IN
AVERAGE: 52202 50935 0. 0303 0. 46 0. 73 0. 56 1. 92 20. 83 4. 87 0. 00
TOTAL: 1252840 03. 0 17. 5 46. 03 116. 8
1222438 11. 0 13. 5 500. 0 0. 03
•laid weight to net weight ratio: 0. 9757
GRAND TOTALS
AVERAGE: 52767 51994 0. 00 0. 36 0. 71 0. 53 1. 70 21. 51 4. 96 0. 00
i
TOTAL: 3904780 0. 0 52. 5 125. 5 367. 2
3847569 T. 2.3 39. 5 - 1592. 0 0. o
)
Paid weight to net weight ratio: 0. 9853
A total of 74 loads were harvested from the entire 66 acre field. 71 loads were
harvested on the unaffected 55 acres between 8/21/88 and 8/24/88. The replanted 11 acres
yielded 3 loads when it was harvested a month later on 9/20/88.
tons per acre
11 acre area 135,365 lbs. + 2,000 = 67.7 tons + 11 acre = 6.15
55 _acre area 3,712,204 lbs. + 2,000 = 1,856.1 tons + 55 acre = 33.75
1,923.8 tons (27.6)
CLAIM
* BOARD OF SUI-ERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT November 29 , 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: $422 . 41 Section 913 and 915.4. Please note all "Warnings".
r
CLAIMANT. KENNETH J . DAMOZONIO
3902 Wesley Way `
ATTORNEY: El Sobrante , CA 94803
Date received
ADDRESS: BY DELIVERY TO CLERK ON October 28 , 1988
I
BY MAIL POSTMARKED: October 27 , 1988
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
ppHHIL BATCHELOR, Clerk LC
DATED: October 28 , 1988 BY: Deputy
L. Hall
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
{ V)' This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.6).
{ ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( } Other:
Dated: D �� b v BY: Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( } Claim was returned as untimely with notice to claimant (Section 911.3).
IV. 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. ,
N Q V 29 1986
Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 16; and that today I deposited in the United States Postal Service in Martinez,
';forma, postage fully prepaid a certified copy of this Board Order and otice to Claimant, addressed to
the claimant as shown above.
DEC 1
Dated- 1988BY: PHIL BATCHELOR L ,
}, � �� � 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 per-
sonal property or growing crops and which accrue on or before December 31, 19879
must be presented not later than 'the 100th day -after the accrual "of the cause of
action. Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months 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. (Govt. Code §911.2.)
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•
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 the end of this
RE: Claim By ) Reserved for Clerk's filing stamp
RECEIVED
Against the County of Contra Costa )
or ) 0 C T 2 (0' 1988
District) "" ' " tO
60 f UP RS
Fill in name ) gy . ............
co De u
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ �b? �// and in support of
this claim represents as follows:
------------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
------ /f- --------------- ---------------------------------------------
2. Where did the damage or injury occur? (Include city and county) .
---------------------------------------------------------- ---------------------
3. How did the dama or in ury occur? Give full detail ; use extra pa r if
required) � l We4 OCH �i .�/t,� a6/ �/f.� D, l/h� � �
Z
p9 /f 1*d- _CZ!4r Ao,4 > JP�reo 4 el /_
--- ------------------------- -----------------------------------------------
4. What particular act or omission on the part of county or district officers,
servants or employee caused t injury or o
11,E� T f�:� v� -6;z� 7
(over)
r 5. What are the names of county or district officers, servants or employees causing
the damage or injury?
_---__---_ ----------------------- --- --------------- ---------
5. What damage or -injuries do you claim resulted? (Give full extent of injuries or
dam ges,claimed. Attach two est' tes for auto damage.
AA) �W
--------- -----------------------------------------------------------
- ----------
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
f
-------------------------------------------------------------------------- - --
8. Names and addresses of witnesses, doctors and hospitals.
----------------------------------------------------------------------------=-------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES-TO: (Attorney) or by some person on his behalf."
Name and Address of Attorney
Claimant's Signature
Address
Telephone No. Telephone No.
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or for
payment to any state board or officer, or to any county, city or district board or
officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is punishable either by imprisonment in
the county jail fora period of not more than one year, by a fine of not exceeding
one thousand ($1,000), or by-both such imprisonment and fine, or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by
both such imprisonment and fine.
t-t:h,C?'". ^; !.' T^^�, LTD.
ESTIMATE OF REPAIR COSTS
•.► ..
SALES , IN ED SERV`CE No.
C,,,1,,-SIJ P.r;'
F_�, M. ". ._'ti!, CA 94566
(4 1 ) 4�J-7:5'5 SHEET No. OF SHEETS
NAME ADDRESS �� es/a y y. PHONE DATE
//,,
YEAR MAKE ��J MODJE�L LICENSE No. �7 SPEEDOMETER /'� MTR. No.
7 f v I SER. W&, Old-?
INSURANCE CARRIER TYPE OF INSURANCE ADJUSTER PHONE CAR LOCATED AT
PARTS NECESSARY AND ESTIMATE OF LABOR REQUIRED
PAINT COST
PARTS COST
LABOR
STIIMATTET
�V ` ,277 ,ZS
TOTALS
INSURED PAYS$ INS.CO.PAYS$ R.0.NO. GRAND TOTAL
INS.CHECK PAYABLE TO
The above is an estimate, based on our inspection,and does not cover additional parts or tabor WRECKER SERVICE
which may be required after the work has been opened up. Occasionally,after work has started,
worn,broken or damaged parts are discovered which are not evident on first inspection.Quotations
on parts and labor are current and, ct change. p�
ESTIMATE MADE BY - h�o TAX
Authorization For Repairs. You are hereby authorized to make the above specified repairs to
the car described herein. TOTAL OF
SIGNED DATE 19 ESTIMATE �C o �
SA-82(3-54) THE REYNOLDS,& REYNOLDS CO., CELINA, OH 10 LITHO IN U.S.A.
AL's GLASS CO.
AUTOS • HOMES • STORES
4012�2 SAN PABLO DAM ROAD
EI Sobrante,Ca.94803
Phone: 223-1291/t,/)
U u✓. O �
�LAIM
} BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT November 29 , 19$$
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Unspecified Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: PEGGY Riy
c/o Mic"tiael J. Ney, Esq.
ATTORNEY: McNamara, Houston, Dodge, etal 'c
1211 Newell Avenue, #202 Date received October 'Zb, 19,$:$
ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON
BY MAIL POSTMARKED: October 25 , 19$$
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. '
October 2819$8 pH IL BATCHELOR, Clerk
,
DATED: BY: Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
{ } Other:
Dated: BY: ZPJ — 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. BOARDD RDER: By unanimous vote of the Supervisors present
( tl) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
NOV 29 198 "
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,
CE.'.ifc:nia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown oabbove.
Dated: D E C 1 19oy BY: eHTL BATCHELOR by i �� uty Clerk
CC: County Counsel County Administrator
KAFC� OF S='?-R71c0RS CSM COt.=`3A :STA C;;T—
• IhSTRU "IONS TO C;.E—'MAN':
A. Claims relating to causes of action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 319 1987,
must be presented not later than the 100th day after ,the accrual of the cause of
action. Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months 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. (Govt. Code §911.2.)
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.
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 orc public entity, separate claims must be
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this
form.
RE: Claim By ) Reserved for Clerk's filin
Peggy Ray, 20 Del Rio,
Pittsburg, CA
Against the County of Contra Costa ) OCT 2 6 1988
.or
OA
P �
District) °
Fill in name )
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ unknown and in support of
this claim represents as follows:
----------
1. When did the damage or injury occur? (Give exact date and hour)
complaint against Peggy Ray was served on her 7/19/88
2. Where did the damage or injury occur? (Include city and county)
20 Del Rio, Pittsburg, County of Contra Costa, CA
3. How did the damage or injury occur? (Give full details; use extra paper if
required)
see attachment
4.- What particular act or omission on the part, of county or district officers,
servants or employees caused the injury or damage? County officers, servants
or employees acted negligently, intentionally, or are strictly liable
in the licensing of Peggy Ray to maintain a foster home and/or acted
negligently, intentionally or are strictly liable in the placement of
the minor child, Richard Perry under her care and/or supervision of the
home.
(over)
are the names of county or di-n-rict officers, se-vants or employees Causing
the damage or injury?
Unknown at this time.
--------—--------!-----—--—-----------——-—— -
6. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
Unknown at this time; action based upon-complaint by Lisa Rerry is
still pending.
7. How was the amount claimed above computed? (Include" the estimated amount of any
prospective injury or damage.)
See answer to No. 6
——-—-----------——--—-—----------------
Names and addresses of witnesses, doctors and hospitals.
see attachment
------------ --------- ------------------------------- ---------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMIOUN T
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or by some oerson on his behalf."
Name and Address of Attorney
Michael J. Ney, Esq. &.Q�__� 1��. a .
McNAMARA, HOUSTON, DODGE, et al. (Claimant't Signature)
1211 Newell Avenue, Suite 202 same
P. O. Box 5288
Walnut Creek, CA 94596 (Address)
Telephone No. (415) 939-5330 Telephone No. same
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, city or district board or
officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill , account, voucher, or writing, is punishable either by imprisonment it
the county jail for a period of not more than one year, by a fine of not exceeding
one thousand ($1,000)9 or by both such imprisonment and fine, or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dolla-rs ($10,000, or by
both such imprisonment and fine.
3. In a complaint filed on December 5, 1986, in the Superior Court of the
State of California, County of Contra Costa, a copy of which is
attached, plaintiff Lisa Perry, et al. alleged that Peggy Ray over
medicated a minor child for whom she provided foster care and that
said minor child, Richard Perry, died because of the over medication.
If any liability or responsibility is imposed on Peggy Ray, she
claims as set forth below, beginning with paragraph #4.
8. Los Medanos Hospital, Pittsburg, Contra Costa County, CA
Dr. Deichert, Emergency Room physician, Los Medanos Hospital
The physician at the above hospital reported the death of Richard
Perry
Richard K. Rainey, Sheriff, Coroner, Office of Coroner,
Contra Costa County, CA
Dr. Louis E. Daugherty, Forensic Pathologist
1 ANDREW C. SCHWARTZ . - SUMMONS ISSUED
CASPER , LOEWENSTEIN & SCHWARTZ
2 One Corporate Centre r'
1320 Willow Pass Road, Suite 1400
Fi� J '�'3 Concord, California 94520E
Telephone : (415 ) 827-0556 = '
4 _ DEC - 5 1986
5 Attorneys for Plaintiffs
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF CONTRA COSTA
10 LISA PERRY, BEVERLY BROWN )
and FLOYD BROWN , ) No. 15
,-
Plaintiffs , ) COMPLAINT FOR WRONGFUL
12 ) DEATH AND NEGLIGENT
VS. ) INFLICTION OF EMOTIONAL
13 ) DISTRESS
COUNTY OF CONTRA COSTA, )
14 CALIFORNIA; STATE OF )
CALIFORNIA ; LONGS DRUG STORES )
15 CALIFORNIA, INC. ; JOHN )
AIELLO; LaVONNE GATES; )
16 PEGGY RAY; KENNETH PERRY ; )
KENNETH FRANK PERRY, JR. ; )
17 and DOES 1 through 100 , )
inclusive , )
18 ) TRAN 05094' 1? 'u5;$
Defendants. ) (:ASL.-;
19 DEFT:CD�,PLAT: T.
Plaintiffs allege as follows : nLC:cT
20 TOTAL DUES
21
GENERAL ALLEGATIONS
22
1 . At all times herein mentioned , plaintiff, Lisa Perry,
23
was., the mother of Richard Perry hL-reinafter known as
24
"decedent", a minor who was born on November 4 , 1983, and who
25
died on March 25, 1986.
26
2. At all times herein mentioned , plaintiffs , Beverly
27
Brown and Beverly Brown , were the maternal grandparents of
28
OEWENSTEIN decedent .
CHWARTZ
...
ORATE CENTRE
ow Pass Roes
California 94520
1827-0556 _ 1 —
1 3. At all times herein mentioned, defendant , County of
2 Contra Costa, was and is a governmental entity within the State
3 of California, duly organized and existing under the laws of
4 the State of California.
5 4. At all times herein mentioned, defendant , State of
G California, was and is a governmental entity, duly organized
7 and existing under the laws of the State of California.
8 5. At all times herein mentioned, defendant , Longs Drug
9 Stores California, Inc. , was and is a corporation duly
10 organized and .existing under the laws of the State of
11 California.
12 6. At all times herein mentioned, defendant, John Aiello,
13 was and is an individual employed by Longs Drug Stores
14 California, Inc. , and , in doing the things herein mentioned, he
15 was acting within the course and scope of his employment.
16 7. At all times herein mentioned , defendant , LaVonne ,
17 Gates , was and is an individual employed by the County of
18 Contra Costa and , in doing the things herein mentioned , she was
19 . acting within the course and scope of her employment.
20 8. At all times herein mentioned , defendant , Peggy Ray,
21 was and is an individual residing in Pittsburg, California, and
22 was a licensed by the State of California as a foster parent .
23 :.: 9. At all times herein mentioned , defendants , Kenneth
24 Perry and Kenneth Frank Perry, Jr. , were the father and brother
25 respectively of the decedent and are named in this complaint
26 pursuant to California Code of Civil Procedure Section 382.
27 10. Plaintiffs are unaware as to the true names of
28 defendants , Does 1 through 100, and sues them under said
ASPER.LOEUIENSMN
AND SCHWARTZ
NE CORPORATE CENTRE — 2 —
sIJ ta'!10w Cass 8080
Sude 400
�0ncora.G-!dorm.9,1520
14151 827-0556
I fictitious names. Plaintiffs will amend their complaint at
2 such time as the true identities of defendants , Does 1 through
3 100, are determined.
4 11 . On or about May 14, 1985 , decedent was found to fall
5 within Welfare and Institutions Code Section 300, was adjudged
6 to be a dependent child of the Contra Costa County Superior
7 Court and was placed in the custody and control of the Contra
8 Costa County Social Service Department.
9 12. In early January , 1986., decedent was negligently and
10 carelessly placed in the custody and under the control of Peggy
11 Ray by LaVonne Gates and the Contra Costa County Social Service
12 Department.
13 13. From the moment the decedent was placed in the
14 custody of Peggy Ray , Peggy Ray began to negligently and
15 carelessly overmedicate the decedent with chloryl hydrate. .
16 This overmedication continued , causing serious injuries to the
17 decedent and ultimately causing his death on March 25 , 1986 .
1s 14. On or about February 19, 1986, the Contra Costa
19 County Social Service Department and LaVonne Gates were
20 informed by several individuals that decedent appeared to be
21 overmedicated. The Contra Costa County Social Service
22 Department and LaVonne Gates were requested to take action to
�3 remove decedent from the custody of Peggy Ray. No such action
24 was ever taken. As a direct and proximate result .of this
25 inaction , the decedent died.
26 15 . Plaintiffs have filed claims against defendants ,
27 County of Contra Costa , California , and State of California , in
28 accordance with the provisions of California Government Code
—ASPER.LOEWENSTEIN
AND SCHWARTZ
71NE rORPORA rE CENTRE 3
1320 willow Pass Road
Suite 400
Concord.Caotomia 94520
(415)827-0556
7
1 Section 905. Plaintiffs ' claims were denied and plaintiffs
2 have, therefore , commenced the within action. (Copies of said
3 claims are attached hereto as Exhibits "A", "B", "C" and "D". )
4 WHEREFORE , plaintiffs pray as set forth hereinbelow.
5 II.
6 FIRST CAUSE OF ACTION
7 Wrongful Death
8 (Defendants State of California and Does 1 to 10 )
9 16. Plaintiffs hereby incorporate each and every
10 allegation contained in paragraphs 1 through 15 above as though
11 fully set forth herein.
12 17. In that the State of California had granted a foster
13 care license to Peggy Ray, they had a mandatory duty to
14 supervise Peggy Ray to determine whether or not she was
15 properly discharging her duties as a foster parent .
16 18. The State of California and Does 1 to 10 failed to
17 discharge these duties and, as a proximate result of this
18 failure to discharge these mandatory duties , the decedent died.
19 19. As a proximateiresult of the negligence of the State-
20 of California and Does 1 'to 10 in their failure to discharge
21 this mandatory duty and the death of the decedent , plaintiffs
22 have sustained loss resulting from the loss of society, comfort
23 and...attention of the decedent in an amount to be determined.
24 20. As a further proximate result of the negligence of
25 the State of California and Does 1 . to 10 in their failure to
26 discharge this mandatory duty and the death of the decedent ,
27 plaintiffs have incurred funeral and burial expenses in an
28 amount to be determined.
ASPER,LOEWENSTEIN
AND SCHWARTZ
VE CORPORATE CENTRE
1J2U w1110w Pass Road
Suite 400
;oncoro.California 94520
(4151827-0556 — 4
1 WHEREFORE, plaintiffs pray as set forth hereinbelow.
2 III.
3 SECOND CAUSE OF ACTION
4 Negligent Infliction of Emotiona-1 Distress
5 (Defendant State of California and Does 1 to 10)
G 21 . Plaintiffs hereby incorporate each and every
7 allegation of ,paragraphs 1 through 20 above as though fully set
8 forth herein.
9 22. As a proximate result of the negligence of the State
10 of California and Does 1 to 10 and their failure to discharge
11 their mandatory duty to supervise Peggy Ray, plaintiffs have
12 sustained great emotional disturbance , shock and injury to
13 their nervous systems , all of which have caused , and continue
14 to cause , physical and mental pain and suffering , all to their
15 damage.
16 23. Plaintiff, Lisa Perry, was reasonably required to and
17 did incur medical and incidental expenses for examination and
18 care for said injuries . Plaintiff is informed and believes ,
19 and thereupon alleges , that plaintiff will in the future be
20 reasonably required to incur similar obligations. Plaintiff
21 has leave to amend this complaint to insert the amount of
22 medical and incidental expenses incurred by plaintiff as a
23 result of these injuries when these amounts have been
24 ascertained.
25 WHEREFORE, plaintiffs pray as set forth hereinbelow.
26
27
28
:ASPER.LOEWENS71IN
AND SCHWARTZ
SNE CORPORATE CENTRE
120 Wino+Pass Road
Surae 400
Concord Caidornia 94520
14151 827-0556
I
IV.
2
THIRD CAUSE OF ACTION
3
Wrongful Death
4
(Defendant Peggy Ray and Does 11 to 20) .
5
24. Plaintiffs hereby incorporate each and every -
6
allegation of paragraphs 1 through 15 above as though fully set
7
forth herein .
8
25 . At all times herein mentioned , Peggy Ray was a
9
licensed foster mother and had both special knowledge and
10
special obligations toward the decedent and the plaintiffs..
11
26. Despite this special knowledge and these special'
12
obligations , Peggy Ray and Does 11 to 20 continually
13
overmedicated the decedent without proper medical advice or
14
attention and did so in a negligent and careless manner.
15
27. In .doing the acts alleged in this complaint, Peggy
16
Ray and Does 11 to 20 did these acts with a conscious disregard
17
for, the rights and life of decedent and with conscious
i8
disregard toward the plaintiffs.
19
28. As a proximate result of the negligent acts of Peggy
20
Rayiand Does 11 to 20, the decedent became ill and ultimately
21
died.
22
29. As a proximate result of the negligence of Peggy Ray
�3
and-Does 11 to 20 and the death of the decedent, plaintiffs
24
have sustained loss resulting from the loss of society, comfort
25
and attention of the decedent in at amount to be determined.
26
30. As a further proximate result of the negligence of
27
Peggy Ray and Does 11 to 20 and the death of the decedent ,
28
SPER.LOEWENSTEIN
AND SCHWARTZ
E CORPORATE CENTRE 6
UJ willow Hass Roel
Sune400
n[ora Ca❑iomia 94520
(4151627-0556 '
plaintiffs have incurred funeral and burial expenses in an
2
amount to be determined.
3
WHEREFORE, plaintiffs pray as set forth hereinbelow.
4 •
V.
FOURTH CAUSE OF ACTION
6
Negligent Infliction of Emotional Distress
7
(Defendant Peggy Ray and Does 11 to 20)
31 . Plaintiffs hereby incorporate each and every
9
allegation of paragraphs 1 through 15 and paragraphs 25 through
10
30 above as though fully set forth herein.
11
32. As a proximate result of the negligence of Peggy Ray
12
and! Does 11 to 20, plaintiffs have sustained great emotional
13 disturbance , shock and injury to their nervous systems , all of
14
which have caused, and continue to cause , physical and mental
15
p ai:n and suffering, all to their damage.
16
33. Plaintiff, Lisa Perry, *was reasonably required to and
17
did incur medical and incidental expenses for examination and
18
care for said injuries. Plaintiff is -informed and believes ,
19
and thereupon alleges , that plaintiff will in the future be
20 i
reasonably required to incur similar obligations. Plaintiff
21
has leave to amend this complaint to insert the amount of
22
medical and incidental expenses incurred by plaintiff. as a
23
result of these injuries when these amounts have been
24
ascertained.
25
WHEREFORE , plaintiffs pray as ' set forth hereinbelow. .
26
27
28
,SPER.LOEWENSTEIN
AND SCHWARTZ
E CORPORATE CENTRE
14[J�IIIGw F'ass Road
Sulte 400
Dmzoro.Calitorma 94520
)415)827-0556
I VI
2 FIFTH CAUSE OF ACTION
3 Wrongful Death
4 (Defendants LaVonne Gates , County of
Contra Costa and Does 21 to 80)
5
6 34. Plaintiffs hereby incorporate each and every
7 allegation of paragraphs 1 through 15 above as though fully set .
8 forth herein.
9 35 . At all times herein mentioned , LaVonne Gates was a
10 social worker employed by the County of Contra Costa and was
equipped with special knowledge as to foster care and placement
12 of dependent children.
13 36. Despite this special knowledge , LaVonne Gates and
14 Does 21 to 80 negligently and carelessly placed the decedent in
15 the home of Peggy Ray who was unfit to care for the decedent .
16 37. LaVonne Gates , ,the County of Contra Costa and Does 21
17 to 80 were aware of Peggy Ray 's unfitness. However , despite
18 this awareness , LaVonne Gates , the County of Contra Costa and
19 Does 21 to 80 negligently and carelessly placed the decedent in
20 the home of Peggy Ray. As a proximate result of this negligent
21 and careless placement , the decedent died.
22 38 Plaintiffs further allege that LaVonne Gates , the
23 County of Contra Costa and Does 21 to 80 were told on several
24 occasions that Peggy Ray was overmedicating the decedent, yet
25 they took no action to remove the decedent from the home of
26 Peggy Ray. As a proximate result of the negligent placement
27 and the negligent failure to remove the decedent from Peggy
8
28
-,SPER.L0VAIENSTEIN
AND SCHWARTZ
4E CORPORATE CENTRE
I�2c viato-Pass A080
Suile 400
;oncarC Cahfom,a 94520
(41�)627-0556
Ray's home , the decedent was overmedicated by Peggy Ray and
2
died.
3
39. As a proximate result of the negligence of LaVonne
4 Gates , the County of Contra Costa and Does 21 to 80 and the
5 death of the decedent , plaintiffs have sustained loss resulting
6 from the loss of society, comfort and attention of the decedent .
7
in an amount to be determined.
40. As a further proximate result of the negligence of
9
LaVo' nne Gates, the County of Contra Costa and Does 21 to 80 and
10
the; death of the decedent, plaintiffs have incurred funeral and
11
burial expenses in an amount to be determined.
12 WHEREFORE, 'plaintiffs pray as set forth hereinbelow.
13 VII.
14 SIXTH CAUSE OF ACTION
15
Negligent Infliction of Emotional Distress
16
(Defendants LaVonne Gates , County of
17 Contra Costa and Does 21 to 80)
is 41 . Plaintiffs hereby incorporate each and every
19 allegation of paragraphs 1 through 15 and paragraphs 35 through
20 40 above as though fully set forth herein.
21 42. As a proximate result of the negligence of LaV,6nne
22 Gates, the County of Contra Costa and Does 21 to 80, plaintiffs
23 have sustained great emotional disturbance , shock and injury to
24 their nervous systems , all of which have caused , and continue
25 to cause , physical and mental pain and suffering , all to their
26 damage.
27 11
28
SPER.LOEWENSTLIN
AND SC*HWARTZ
,f'Q-)PA77 CENTRE
i320 W,11o.Pass Road
Su'le 400
)ncora. 1,�O,n,a 94520
1415claw-Mg
1 43. Plaintiff, Lisa Perry, was reasona-ly required to and
2 did incur medical and incidental expenses for examination and
3 care for said injuries. Plaintiff is informed and believes,
4 and thereupon alleges , that plaintiff will in the future be
5 reasonably required to incur similar obligations. Plaintiff
6 has leave to amend this complaint to insert the amount of
7 medical and' incidental expenses incurred by plaintiff as a
8 result of these injuries when these amounts have been
9 ascertained.
10 WHEREFORE , plaintiffs pray as -set forth hereinbelow.
11 VIII.
12 SEVENTH CAUSE OF ACTION
13 Wrongful Death
14 (Defendants John Aiello, Longs Drug Stores
California , Inc. , and Does 81 to 100)
15
44. Plaintiffs hereby incorporate each and every
16
allegation of . paragraphs 1 through 15 above as though fully set
17
forth herein.
18
45 . At all times herein mentioned , John Aiello was a
19
pharmacist licensed by the State of California and Longs Drug
20
Stores California, Inc . , was a pharmacy duly licensed by the
21
State of California..
22
46. At all times herein mentioned , John Aiello, Longs
23
Drug Stores California, Inc. , and Does 81 to 100 negligently,
24
carelessly and unlawfully provided chloryl hydrate to Peggy Ray
25
without proper authority to do so.
26
111
27
11.1
28
k5PER.LOEWENSTEIN
AND SCHWARTZ 10
Jr CENTRE
1320 ftliow Pass Road
S.:te 400
o.coro.C.01do,ma 94520
11 47. As a proximate result of this negligent and unlawful
2 providing of chloryl hydrate to Peggy Ray, the decedent became
3 overmedicated and died.
48. As a proximate result of the negligence of John
5 Aiello, Longs Drug Stores California, Inc. , and Does 81 to 100
6 and the death 'of the decedent, plaintiffs have sustained loss
7 resulting. from the loss of society, comfort and attention of
8 the decedent in an amount to be determined.
9 49. As a further proximate result of the negligence of
10 John Aiello, Longs Drug Stores California, Inc. , and Does 81 to
it 100 and the death of the decedent, plaintiffs have incurred,
12
funeral and burial expenses in an amount to be determined.
13 WHEREFORE , plaintiffs pray as set forth hereinbelow.
14 IX .
15 EIGHTH CAUSE OF ACTION
16 Negligent Infliction of Emotional Distress
17
(Defendants John Aiello, Longs Drug Stores
18 California , Inc. , and Does 81 to 100)
19
50. Plaintiffs hereby incorporate each and every
20 allegation of paragraphs 1 through 15 and paragraphs 45 through
21 49 above as though fully set forth herein.
22 51 . As a proximate result of the negligence of John
23 Aiello, Longs Drug Stores California, Inc. , and Does 81 to 100 ,
24 plaintiffs have sustained great- emotional disturbance , shock
25 and injury to their nervous systems, all of which have caused ,
26 1 and continue to cause , physical and mental pain and suffering ,
27 all to their damage.
28
111
,SPER.LOEWENSTEIN
AND StHWARTZ
E CORPORATE CENTRE
1320 willow Pass Roiso
Suite 400
:incoro-Caldoma 94520
(4151 827-0556
1 52. Plaintiff, Lisa Perry, was reasonably required to and
2 did incur medical and incidental expenses for examination and
3 care for said injuries. Plaintiff is informed and believes ,
4 and thereupon alleges , that plaintiff will in the future be
5 reasonably required to incur similar obligations. Plaintiff
6 has leave to amend this complaint to insert the amount of
7 medical and incidental expenses incurred by plaintiff as a
8 result of these injuries when these amounts have been
9 ascertained.
10 WHEREFORE, plaintiffs pray as -set forth hereinbelow.
11 X.
12 DAMAGES
13 Plaintiffs pray for damages as follows :
14 As to all causes of action :
15 A. General damages according to proof;
16 B. Special damages according to proof;
17 C. Funeral and burial expenses according to proof;
18 D. Costs of suit herein ;
19 E. Such other and further amounts as the court may deem
20 proper; and
21 As to the Third and Fourth Causes of Action :
22 F. Punitive damages according to proof against Peggy Ray.
23 DATED December 4 , 1986.
24 CASPER , LOEWENSTEIN & SCHWARTZ
25 By � '�,-I /C f l
26 ANDREW C. SCHWARTZ, \
27 Attorneys for Plain.fs
26
ASPER.LOEWENSTEIN'
AND SCHWARTZ
NE CORPORATE CENTRE 12
:4-'i-o.Pass Raaa
Suoe 400
'Oncore
'CW,larn,a 94520
(415)827-0556
1 ANDREW C. SCHWARTZ
2 CASPER, LOEWENSTEIN & SCHWARTZ
One- Corporate Centre
3 1320 Willow Pass Road, Suite 1400
Concord, California 914520
4 Telephone: (1415 ) 827-0556
5 Attorney for Claimant
6 ...
7
8 CLAIM AGAINST THE COUNTY OF CONTRA COSTA, CALIFORNIA
9 TO : Board of Supervisors
10 651 Pine Street
Martinez, California 914553
11
CLAIMANT 'S NAME : Lisa Perry
12 CLAIMANT 'S ADDRESS : 2491 Mallard Drive
13 Walnut Creek , California 94596
14 CLAIMANT 'S TELEPHONE : (415 ) 935-8281
15 AMOUNT OF CLAIM: $5 , 000, 000. 00
16 ADDRESS TO WHICH ANDREW C. SCHWARTZ
NOTICES ARE TO BE SENT : CASPER , LOEWENSTEIN & SCHWARTZ
17 1320 Willow Pass road, Suite 400
Concord, California 94520
18
DATE OF OCCURRENCE : March 25, 1986
19
PLACE OF OCCURRENCE : Contra Costa County, California
20
HOW DID CLAIM ARISE : Lisa Perry, claimant , is . the
21
mother. of Richard Perry, a minor who was born on November 4,
22
1982 , and who died on March 25 , 1986. At the time of his
23
death, Richard Perry was a dependent child within the meaning
24
of the Welfare and Institutions Code , and was in the custody
25
and car-e- of the Social Services Department of the County of
26
Contra Costa , California. Sometime in January of 1986 , at the
27
direction of the Contra Costa County Social Services
28
R.LOEWENSTEIN
)SCHWARTZ
)NNUHATECENTRE 1 BT'
W-110-
W-110-Pass Roao y
5-ie 400
It.Caidomu 44520
1
Department, Richard .Perry was placed in the licensed foster
2
home of� Peggy Ray.
3 - Claimant hereby alleges that said placement was negligent.,
4 careless and in conscious disregard for the rights of Richard
5
Perry and Lisa Perry. Said placement was made in violation of
G
all statutes governing the placement of minors in foster homes
7
and was not made in the best interests of the minor. From the
8
date Ricard Perry first entered the home of Peggy Ray until
9 his death on March 25 , 1986 , the Department of Social Services
10
was negligent in failing to supervise and inspect Richard
11 _
Perry's placement in the home of Peggy Ray. The Contra Costa
12
County Department of Social Services failed to exercise any and
13
all mandatory and discretionary acts as set forth in the
14
California welfare and Institutions Code and the California
15
Health and Safety Code .
1G
As a proximate result of the negligent placement of
17
Richard Perry in the home of Peggy Ray and the negligent
18
supervision , inspection and monitoring of the placement in the
19
home of Peggy Ray, Richard Perry died , causing claimant severe
20
shock to her nervous system and emotional distress.
21
Lisa Perry is hereby making a claim for not only the
22
wrongful death of her son , Richard , but also for the negligent
23
infliction of emotional distress caused by the death of her
24
son, Richard Perry.
25
ITEMIZA =ION OF SAID CLAIM: As a_ result of the previously-
26
mentioned acts , claimant has suffered severe emotional ,
27
pecunia-^y and other losses , all to her general damage , all of
28
IPER.LOEWENSTEIN
,Nn SCHWARTZ
CORPORATE CENTRE
120 Wdio-Pass Roao — 2 —
Suite 400 `
V
1 which continue to cause claimant great mental , physical and
2 nervous' pain and suffering.
3 AMOUNT OF SAID ITEMIZATION : $5 , 000, 000. 00.
4 DATED June 23, 1986.
5 CASFER, LOEWENSTEIN & SCHWARTZ
6
? By
ANDREW C. SCHWARTZ
8 Attorneys for Claimant
9
10
11
12
13
14
15
16
17
18
19
20 '
21.
22-
23
24
K:
25
26
27
28
R.LOEWENSTEIN
a SCHWARTZ
)APORATE CENTRE
3 RE
�� ^^
W-iiow Pass R '� _;,,_�._7.i 1 1
'T _'1—
SU.1e 400
I ANDREW C. SCHWARTZ
2 GASPER, LOEWENSTEIN & SCHWARTZ
One Corporate Centre
3 1320 Willow Pass Road, Suite 400
Concord, California 94520
4 Telephone: (415 ) 827-0556
5 Attorney for Claimant
6 ...
7.
CLAIM AGAINST THE STATE OF CALIFORNIA
9 TO: State Board of Control
10 P.O. Box 3035
Sacramento, California 95812-3035
11 CLAIMANTI*S NAME: Lisa Perry
12 CLAIMANT 'S ADDRESS : 2491 Mallard Drive
13 Walnut Creek , California 94596
14 CLAIMANT'S TELEPHONE: (415 ) 935-8281
.15 AMOUNT OF CLAIM: $5 , 000, 000- 00
16 ADDRESS TO WHICH ANDREW C. SCHWARTZ
NOTICES ARE TO BE SENT : CASPER, LOEWENSTEIN & SCHWARTZ
17 1320 'Willow Pass road, Suite 400
Concord, California 9.4520
18 DATE OF OCCURRENCE: March 25 , 1986
19 PLACE OF OCCURRENCE : Contra 'Costa County, California
20
HOW DID CLAIM ARISE. Lisa Perry, claimant , is the
21
mother of Richard Perry, a minor who was born on November 4 ,
22 1982, and who died on March 25 , 1986. At the time of his
23
death, Richard Perry was� a dependent child within the meaning
24
of the Welfare and Institutions Code , and was in the custody
25
and care—of the Social Services Department of the County of
26
Contra Costa, California. Sometime in January of 1986 , at the
27
direction of the Contra Costa County Social Services
28
.LOEWENSTEIN
SCHWARTZ
flomu0,. Rogto
S3
430
Cal,
94520
of the State of California granted a license to Peggy Ray to
2 allow her to become a foster parent. Claimants further allege
that the State of California, through the State Department of.'
4 Social Services , failed to adequately inspect, monitor and
5 control Peggy Ray, who was granted a license under the laws of
6 the State of California. Claimants further allege that the
7 State of California improperly renewed the license of Peggy
8 Ray. As a proximate result of the improper granting of and
9 renewal of a license to Peggy Ray, claimants ' grandson , Richard
10Perry, died on: March 25 , 1986.
11
ITEMIZATION OF SAID CLAIM: As a result of the previously-
12
m mentioned acts , claimants have suffered severe emotional,
ent
13 pecuniary and other losses , all to their general damage , all of
14 which continue to cause claimants great mental ,- physical and
15 nervous pain and suffering.
16 AMOUNT OF SAID ITEMIZATION : $5 , 000, 000- 00.
17
DATED June 23, 1986.
18
CASPER, LbEWENSTEIN & SCHWARTZ
19
B
20 y
ANDREW C. SCHWARTZ
21 Attorneys for Claimants
22
23
24
25
26
27
28
DEWENSTEIN
:HWARTZ
RATE CENTRE "D-Y
w.Pass Rosa
e AOO
lidorms 94520
127-05556
1 Social Services Department, Richard Perry was placed in the
2 licensed foster home of Peggy Ray.
3 Claimants hereby allege that said placement was negligent ,
4 careless and in conscious disregard for the rights of Richard
5 Perry and Floyd and Beverly Brown. Said placement was made in
G violation of all statutes g.overning the placement of minors in
7 foster homes and was not made in the best interests of the
8 minor. From the date Richard Perry first entered the home of
9 Peggy Ray until his death on March 25 , 1986 , the Department; of
10 Social Services was negligent in failing to supervise and
11 inspect Richard Perry's placement in the home of Peggy Ray. ,
12 The Contra Costa County Department of Social Services failed to
13 exercise a.ny and all mandatory and discretionary acts as set
14 forth in the California Welfare and Institutions Code and the
15 California Health and Safety Code.
16 As a proximate result of the negligent placement of
17 Richard Perry in the home of Peggy Ray and the negligent
18 supervision , inspection and monitoring. of the placement in ,the
19 home of Peggy Ray, Richard Perry died, causing claimants severe
20 shock to their nervous system and emotional distress.
21 Floyd and Beverly Brown are hereby making a claim for not
22 only the wrongful death of their grandson , Richard, but also
�3 for the negligent infliction of emotional distress caused by
24 the death of their grandson, Richard Perry.
25 Peg5y Ray was. licensed by the State of California to
26 provide care for Richard Perry. Claimants hereby allege that
27 the State of California , through the State Department of Social
18 Services negligently ,
'ER,LOEwENSTEIN � carelessly and in violation of the laws
QD SCHWARTZ
:..7:3�4:.7E CENTRE 2
0 walow Pass R080 T
: SGmuite on
ora
I ANDREW C. SCHWARTZ
CASPER, LOEWENSTEIN & SCHWARTZ
2 One Corporate Centre
1320 Willow Pass Road, Suite 400
3 Concord, California 94520
Telephone : (415 ) 827-0556
4
5 Attorney for Claimants
6
7
8 CLAIM AGAINST THE STATE OF CALIFORNIA
9 TO: State Board of Control
P. O. Box 3035
10 Sacramento, California 95812-3035
11 CLAIMANTS ' NAME: Floyd and Beverly Brown
12 CLAIMANTS ' ADDRESS : 2491 Mallard Drive
Walnut Creek , California 94596
13
CLAIMANTS ' TELEPHONE: (415 ) 935-8281
14
AMOUNT OF CLAIM: $5 , 000, 000. 00
15
ADDRESS TO WHICH ANDREW C . SCHWARTZ
16 NOTICES ARE TO BE SENT : CASPER, LOEWENSTEI_`I & SCHWARTZ
1320 Willow Pass road, Suite 400
17 Concord, California 94520
18 DATE OF OCCURRENCE: March 25 , 1986
19 PLACE OF OCCURRENCE : Contra Costa County, California
20 HOW DID CLAIM ARISE : _ Claimants , Floyd and Beverly
21 Brown , are the maternal grandparents of Richard Ferry, a minor
22 who was born on November 4 , 1982, and who died o:: March 25 ,
23 1986. At the time of his death, Richard Perry was a dependent
24 child within the meaning of the Welfare and Institutions Code ,
25 and was in the custody and care of the Social Services
26 Department of the County of Contra Costa , California. Sometime
27 in January of 1986 , at the direction of the Contra Costa County
28
SPER.LOEW ENSTEIN
kNO SCHWARTZ 1
=CORPORATE CENTRE — —
j
320 Willow PassrY
ss Roao • i:;ISTT
. �—
Su.te apo
.—o f.a.,1^• 1.Ga 5'N1
i
which continue to cause claimants great mental, physical and
2
nervous pain and suffering.
3
AMOUNT OF SAID ITEMIZATION: $57000 ,000. 00.
4
DATED June 23, 1986.
5
CASPER, LOEWENSTEIN & SCHWARTZ
G
7 By
ANDREW C. SCHWARTZ
8 Attorneys for Claimants
9
10
11
12
13
14
15
16
17
18
19
20
21
` 22
23
` 24
25
26
27
28
M.LOEWENSTEIN
fD SCHWARTZ
ORPORATE CENTRE
WMow Pass Roac
Su
AIV)
�5 1
i
1 Social Services' Department, Richard Perry was placed in the
2 licensed foster home of Peggy Ray.
3 - 'Claimants hereby allege that said placement was negligent;''
4 careless and in conscious disregard for the rights of Richard
5 Perry and Floyd and Beverly Brown. Said placement was made in
violation of all statutes governing the placement of minors in
7 foster homes and was not made in the best interests of the
8
minor. From the date Richard Perry first entered the home of
9 Peggy Ray until his death on March 25 , 1986 , the Department of
10
Social Services was negligent in failing to supervise and
11in °
spect Richard Perry's placement in the home of Peggy Ray.
12
The Contra Costa County Department of Social Services failed to
13
exercise any and all mandatory and discretionary acts as set
14
forth in the California Welfare and Institutions Code and the
IS
California Health and Safety Code.
16 ,
As a proximate result of the negligent placement of
17
Richard Perry °in the home of Peggy Ray and the negligent
i8
supervision, inspection and monitoring of the placement in the
19
home of Peggy Ray, Richard Perry died, causing claimants severe
20
shock to their nervous system and emotional distress.
21
Floyd and Beverly Brown are hereby making a claim for, not
22
only the wrongful death of their grandson , Richard, but also
23
for the .negligent infliction of emotional distress caused by
24
the death of their grandson, Richard Perry.
25
ITEMIZn-T-1ON OF SAID CLAIM: As a_result of the previously-
26
mentioned acts, claimants have suffered severe emotional ,
27
pecuniary and other losses , all to their general damage , all of
28
kSPER.LOEWENSTEIN
AN'r SCfiWA�RTZ
JE CORPORATE CENTRE 2
1120 W,Ifo-Pa S3 Foao — 1 _ r
Suite 400 _
ANDREW C. SCHWARTZ
2 CASPER, LOEWENSTEIN SCHWARTZ .
One -Corporate Centre
1320 Willow Pass Road, Suite 400
3 Concord, California 94520
4 Telephone: - (415 ) 827-0556
5 Attorney for Claimants
6
7
CLAIM AGAINST THE COUNTY OF CONTRA COSTA, CALIFORNIA
9 TO: Board of Supervisors
10 651 Pine Street
Martinez, California 94553
11 CLAIMANTS ' NAME: Floyd and Beverly Brown
12 CLAIMANTS' ADDRESS : 2491 Mallard Drive
13 Walnut Creek , California 94596
14 CLAIMANTS' TELEPHONE : (415 ) 0135-8281
15 AMOUNT OF CLAIM: $5 , 000, 000- 00
16 ADDRESS TO WHICH ANDREW C. SCHWARTZ
NOTICES ARE TO BE SENT : CASPER, LOEWENSTEIN & SCHWARTZ
17 1320 Willow Pass road, Suite 400
Concord, California 94520
is DATE OF OCCURRENCE: March 25, 1986
19 PLACE OF OCCURRENCE: Contra Costa County, California
20 HOW DID CLAIM ARISE : -Claimants , Floyd and Beverly
21
Brown , -are the maternal grandparents of Richard Perry, a minor
22 who was born on November 4 , 1982, and who died on March 25 ,
23 1 -
1986. At the time of his death, Richard Perry was a dependent
24
.child within the meaning of the Welfare and Institutions Code ,
25 and was---Ln the custody and care of -the Social Services
26
Department of the County of Contra Costa , California. Sometime
27
in January of 1986 , at the direction of the Contra Costa County
28
i PER.LOEWENSTEIN
%ND SCHWARTZ
:CORPORATE CENTRE
320 woo—Piss A060
Suite 400
44570
of the State of Cali'fornia granted a license to Peggy Ray to
2
allowherto become a foster parent. Claimant further alleges
3
that the State of California, through the State Departfnent of
4
Social Services , failed to adequately inspect, monitor and
5 control Peggy Ray, who was granted a license under the laws of
6 the State of California. Claimant further alleges that the
7
State of California improperly renewed the license of Peggy
8 Ray. As a proximate result of the improper granting of and
9 renewal of a license to Peggy Ray, claimant 's son, Richard
10 Perry, died on:March 25 , 1986.
11 ITEMIZATION OF SAID CLAIM: As a result of the previously-
12
mentioned acts , claimant has suffered severe emotional,
13 pecuniary and other losses all to her general damage , all of
14 which continue to cause claimant great mental, physical and
15 nervous pain and suffering.
16
AMOUNT OF SAID ITEMIZATION: $520007000. 00.
17 DATED June 23, 1986.
,is
. CASPER, LOEWENSTEIN & SCHWARTZ
19
20 By
ANDREW C. SCHWARTZ
21 Attorneys for Claimant
22
23
24
25
26
27
28
.LOEWENSTEIN
SCHWARTZ
PORATE CENTRE
110-Pass Roac
�vlte 4W
I Department, Richard Perry was placed in the licensed foster,_
2 home of Peggy Ray.
3 Claimant hereby alleges that said placement was negligent,
4 careless and in conscious disregard for the rights of Richard
5 Perry and Lisa Perry. Said placement was made in violation of
. 6 all statutes governing the placement of minors in foster homes
7 and was not made in the best interests of the minor. From the
8 date Richard Perry first entered the home of Peggy Ray until
9 1 his death on March 25 , 1986 , the Department of Social Services
10 was negligent in failing to supervise and inspect Richard
11 Perry's placement in the home of Peggy Ray. The Contra Costa
12 County Department of Social Services failed to exercise any and
13 all mandatory and discretionary acts as set forth in the
14 California Welfare and Institutions Code and the California
15 Health and Safety Code.
.16 As a proximate result of the negligent placement of
17 Richard Perry -in the home of Peggy Ray and the negligent
18 supervision , inspection and monitoring of the placement in the
19 home of Peggy Ray, Richard Perry died, causing claimant severe
20 shock to her nervous system and emotional distress.
21 Lisa Perry is hereby making a claim for not only the
22 wrongful death of her son , Richard, but also for the negligent
23 infliction of emotional distress caused by the death of her
24 son, Richard, Perry.
25 Pegg
y Ray was licensed by the State of California to
26 provide care for Richard Perry. Claimant hereby alleges that
27
the State of California, through the State Department of Social
28
R.LOEWENSTEIN Services , negligently, carelessly and in violation of the laws
SCHWARTZ
TE CENTRE 2
Wdlow P*s3 ROSO
S .1e ADO
C. Worms 44520
=` CLAIM �'��✓
•60ARD 0' SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
iBOARD ACTION
Claim Aga;nst the County, or District governed by} 1 9$$
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT November 29,
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: y238 . 7 4 Section 913 and 915.4. Please note all "mornings".
CLAIMANT: NORMAN L. VENTURZNO
P. O. Box 280
ATTORNEY: Clayton, CA 94517
Date received
ADDRESS: BY DELIVERY TO CLERK ON October 28 , 1988 hand del .
BY MAIL POSTMARKED: no envelope
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. ,
19$$ RYIL BATCHELOR, Clerk
DATED: October 28 , eputy
L. Hall
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
{t/} This claim complies substantially with Sections 910 and 910.2.
( } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.$).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
{ ) Other:
Dated: BY: Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
( /This Claim is rejected in full .
( ) Other:
I certify that this is a true and correct copy of the Board' -)Order entered in its minutes for
this date.
NOV 29 198$ ;Deputy Cl erk
Dated: PHIL BATCHELOR, Clerk, By
___ XWARNING (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,
wal 'furnia, postage fully prepaid a certified copy of this Board Order alvY Notice to Claimant, addressed to
the claimant as shown above.
Dated: DEC 1 1988 BY: PHIL BATCHELOR by � puty Clerk
CC: County Counsel County Administrator
ftaim'' 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 per-
sonal property or growing crops and. which accrue on or before December 31, 19879
must 'be presented not later than the 100th day after the accrual of the cause of
action._ Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claimsrelatingto any other cause of action must be presented not
later than one year after the accrual of the cause of action.' (Govt. Code §911.2.)
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.
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 See. 72 at the end of this
form.
RE: Claim By Reserme-ad fon-9"er Is Pilipg stamp
WWNorman L. Venturino RE C V
lop
Against the County of Contra Costa -1;;8.
or a. M,
PHIL BATCHELOR
80 OOF S ERviscFjs
District) 'ON cos?
(Fill in name) By
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ See estimates and in support of
this claim represents as follows:
-—---------------------------- _--_----------_---a-_-_ __ —-—---
1. When did the damage or injury occur? (Give exact date and hour)
6:31 pm
7/29/88 3;45 pm -----------Contra Costa-----Co-------------------------------
2. Where did the damage or injury occur? (Include city and county)
Pittsburgontra Costa
W---------------------------------n----- 7--------------------------------
3. How did the damage or injury occur? (Give full details; use extra paper if
required) I was driving N/B on Kirker Pass, south of Nortonville rd. in lane
#1. As I passed the chip slurry machine(I believe that is what it is called)a
piece of gravel hit the windshield of my truck and cracked it. My wifes car was damaged
later that evening(3 cracks in windshield)—as she was driving in #2 lane,N/B.
---------------
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
An inordinant amount of loose gravel on the roadway as a result 'of slurry
sealing and a piece of County equipment causing the gravel to go airborne.
(over)
5. What are the names of county or district officers, servants or employees causing
the .damage or injury?
Unknown
------------------------------------------------------------------------------------
6. What damage or injuries do you claim resulted? (Give full- extent of injuries or
damages claimed. Attach two estimates for auto damage.
The windshield on my 1985 Buick Regal was cracked in three places
--------- xzur_k wA-used.--------------------------
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
Estimate from glass company
-------------------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
N/A
-----------------------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Gov. Code Sec. 910.2 provides:
The clai must signed by the claimant
SEND NOTICES TO: (Attorney,) or by sA perXqodhii behalf."
Name and Address of Attorney
Claimant'sSignature)
Clayton Police Dept. PO Box 280
Address
Clayton 94517
Telephone No. Telephone No. 672-4456
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, city or district board or
officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is punishable either by imprisonment. in
the county jail for a period of not more than one year, by a fine of not exceeding
one thousand ($1,000), or by both such imprisonment and fine., or by imprisonment in
the state prison, by a fine of not exceeding ten-thousand dollars ($10,000, or by
both such imprisonment and fine.
EAST. COUNTY GLASS
E{sC7CG Ra 1 1 r-c.aCi Ave
P 1 t t s b u1-g ? Ca _ 94!55n 43E—.1 433
C2ILA ot a No.
-DATE 10-24-88 ACCT.N
-
INSURANCE
CO.NAME
AGENT'S
NAME
ADDRESS
MR. VENURINO
CITY,STATE
AND ZIP .
PHONE NO.
`POLICY
NAME
Thankou for your business POLICY
y y NUMBEBYR
STATE LICENSE #494305 VERIFIEDIM
IIM CODE
DATE OF
AUTOMOBILE LOSS
MAKE Buick MODEL Somerset CAUSE .
YEAR 1985 .DOORS 2 LICENSE NO. DEDUCTIBLE O C3
SERIAL NO.
TERMS CUSTOMER ORDER SOLD BY SHIPPED VIA SHIPPED FPOM DATE SHIPPED
Cash NO.
Quantity Part M Color Kit Labor List Sell Net
1 W969 Shaded 8. 95 3. 6 Hrs. = 89. 20 438. 20 131. 46 229. 61
Tax 9. 13
a
RECEIVED BY
NOTE: ALL CLAIMS AND RETURNED GOODS
MUST BE ACCOMPANIED BY THIS RECEIPT. L'.38. '74
All material is guaranteed to be as specified. All work to be completed in a cipals,are subject to the following conditions which are hereby accepted and agreed
workmanlike manner according to standard practices.Any alteration or deviation to by the person ordering or receiving said goods or services.
I- from above specifications involving extra costs will be executed only upon written
orders,and will become an extra charge over and above the estimate.All agreements All claims and returned goods must be accompanied by this receipt.Terms of pay-
contingent upon strikes,accidents or delays beyond our control.Owner to carry fire, ment are ten(10)days net from invoice date.All accounts are commercial accounts
® tomado and other necessary insurance.Our workers are fully covered by Workman's and not open accounts.All delinquent accounts shall bear interest at the rate of
Compensation Insurance. 11h%per month,an annual percentage rate of 18%.
All goods and services ordered or received by the above named party,or their prin- In the event legal action is commenced on this account,the prevailing party shall
be entitled to their cost and any reasonable attorney fees.
EAST c--c)u Y GL=A"SS
R,
tca4G* Ra JL 1 ir+ aCJ Ave
P:' JL I-- t � b ILA r 9 4 :5 GO.t5 :�:�-- 1 A4-Z3 3
Quest 1 No.
-DATE 10-24-88
INSURANCE
`INSURANCE
CO.NAME
AGENT'S
NAME
ADDRESS
MR. VENUR I NO l.TY.STATE
AND ZIP
.PHONE 140.
POLICY .
....NAME
Thank you for your Business POLICY
NUMBER
VERIFIED BY
STATE LICENSE #494305 CLAIM CODE
DATE OF
AUTOMOBILE LOSS
MAKE Nissan `MODEL I Fick--Up CAUSE
YEAR 1987 DOORS LICENSE NO. DEDUCTIBLE . C31 4z),SERIAL NO.
TERMS CUSTOMER ORDER SOLD BY SHIPPED VIA SHIPPED FROM DATE SHIPPED
Cash No.
Quantity Part 1t Color Kit Labor List Sell Net
1 FCW526 Shaded 8. 95 3. 5 Hrs. = 87. 00 636- 30 190- 89 286. 84
Tax 12. 99
nJ
qG =-
0
RECEIVED BY. NOTE: ALL CLAIMS AND RETURNED GOODS
MUST BE ACCOMPANIED BY THIS RECEIPT.
All material is guaranteed to be as specified. All work to be completed in a cipals,are subject to the following conditions which are hereby accepted and agreed
workmanlike manner according to standard practices.Any alteration or deviation to by the person ordering or receiving said goods or services.
f from above specifications involving extra costs will be executed only upon written All claims and returned goods must be accompanied by this receipt.Terms of pay-
All
ay-
orders,and will become an extra charge over and above the estimate.All agreements
contingent upon strikes,accidents or delays beyond our control.Owner to carry fire, ment are ten(10)days net from invoice date. accounts are commercial accounts
tomado and other necessary insurance.Our workers are fully Covered by Workman's an snot open accounts.All delinquent accouunn ts shall bear interest at the rate of
Compensation Insurance. t /o/s per month,an annual percentage rate of 18%.
�� All goods and services ordered or received by the above named party,or their prin- In the event legal action is commenced on this account,the prevailing party shall
be entitled to their cost and any reasonable attorney fees.
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CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT November 29 , 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: $384. 0 8 Section 913 and 915.4. please note all "Warnings".
CLAIMANT: DIANE E . DIAS
116 Chariot Court
ATTORNEY: Richmond, CA 94803
Date received
ADDRESS: BY DELIVERY TO CLERK ON October ,'27 , }1988'
BY MAIL POSTMARKED: October '25 , 1988
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
IL BATCHELOR, Clerk
DATED: October 28 , 1988 : peputy -_
L. Hall
I1. FROM- County Counsel TO: Clerk of the Board of Supervisors
{V ) This claim complies substantially with Sections 910 and 910.2.
{ } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( I } Other:
Dated: BY: PJ -r 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: NOV 1988 PHIL BATCHELOR Y
Clerk, B � � -� .!Deputy Clerk
r,
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 anNotice to Claimant, addressed to
the claimant as shown above.
Dated: DEC 1�da BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
C1aiE=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 per-
sonal property or growing crops and which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. _ Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than 'six months after the accrual of the. eause
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. (Govt. Code §911.2.)
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.
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 the end of this
form.
RE: Claim By ) Reserved for Clerk's filing stamp
► ,�u c s RECEIVED
)
Against the County of Contra Costa ) O Q T 7 1988
or )
T HELOR
L' 1 FS' ER/S 5
District) e cc c A
Fill in name )
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ 3�N . c) and in support of
this claim represents as follows:
-------------------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
m--------------------------------
2. Where did the damage or injury occur? (Include city and county)
YY1C>�1�T--�Lyv- k_LvST fl_C.()v►v_T
3. How did the damage or injury occur? (Give full. details; use extra paper if
required)
4-f\CG L,16 h Vic_- c�r c,\;,C J t'f 5,C_C(_1 (2_!L:)L I r\ LCA�! P,:,,55�� V S c�I r\t
,�_ �.FFo�r•4-� C (-��'tiT„�� ITJ Yt� �yC1.S�<�c)l o'v•�r .�_ -1-r•�5�1� 10.to� r__I
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
1 Y,c., S e C o r-,CL Cr,L ►�1-c� ('_.c12 -D�t�� )C� r�� I�Q v�.
b�e �� �( �J���� 5o c' �; � c_K-1� civ•�` {-f���h1.� ��-��
c'lr
C.OL e. J-� (over)
a
5. ~What are the names of county or district officers, servants or employees causing
the damage or injury?
5. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage. rylt,
• l.�.l�'�L Shy.2,1 c`- w�.S c r c.��.1�-P C� -
--------------------
. 7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.) �7 r, P C .e_ CO--��0tie-oL.
8. Names and addresses of witnesses, doctors and hospitals. ,nc)r,\,.j
9. List the expenditures you made on account of this accident or injury: r101-Nt— .
DATE ITEM AMOUNT
Gov. Code Sec. 91M provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf."
Name and Address of Attorney
Clai 's S tune
�lLP c/j aT
Address
Telephone No. Telephone No.
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or for
payment to any state board or officer, or to any county, city or district board or
officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than one year, by a fine of not exceeding
one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by
both such imprisonment and fine.
AI's Glass
AUTOS4012'/2 San Pablo Dam Rd. COMPLETE
HOMES Ei Sobrante, CA 94803 GLASS
STORES (415) 223-1291 SERVICE
Y
Customer's Order No. Date
. 19
Sold to
Address
l t�
A city
Sold by Cash C.O.D. Charge On Acct. Mdse.Ret. Paid Out
Ouantity Description
Price Amount
y Tax
Thank YOU in case of claims or returned goods please present this bill. Total
Receives by
s
WAOSWORT1 GLASS COMPANY DATE -
4160 APPIAN WAY,EL SOUANTE,CALIF.44WSqz!�i !7�
INVOICE NO.
TELEPHONES:223.7310-223.73!1 I
ORDERED
MAIL PHONE CALL OUR P.O..NUMBER
SOLD
f / TAKEN BY YOUR ORDER NUMBER
STREET
/ PHONE CHARGE COLLECT
CITY L`—r L v)'A C) ti—D
PHONE FIRST WHEN GONE BY
JOB NAME
PICK UP DELIVER TIME
ADDRESS
LIGHTS SIZE DESCRIPTION LIST TOTAL LIST DIST TOTAL
w x q13,
x
x 22a 0
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
TERMS:ALL BILLS DUE END OF MONTH OF PURCHASE.DELINQUENT AFTER 107H OF FOLLOWING MONTH.8 PER CENT INTEREST CHARGED AFTER 60 DAYS.
PLEASE PAY FROM INVOICE.NO STATEMENT SENT UNLESS REQUESTED.
RECEIVED THE ABOVE IN GOOD CONDITION DELIVERED BY DATE
�
CLAIM
WARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
'
' County, District governed by)
Claim Against the �n , or trict s
BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT November 29` lg88
and Board Action. All Section references are to ) The copy of this document mailed to buYs Vour notice`of—
C lif i Government Codes ) the action taken on your claim by the Board of Supervisors
(Paragraph lY below), given pursuant to Government Code
Amount: $10 , 000 . 00 Section 913 and 916`4^ Please note all "Warnings".
County CUUn-, �
CLAIMANT: ALICE CHANDLER
c/o Law Offices of Melvin M. Belli, Sr. 2 5 1��A
ATTORNEY: Steven M. Hannon, Esq.
722 Montgomery St . Date receivedrthn�� CA 94553
ADDRESS: Sao Francisco , C/\ 9411I BY DELIVERY TO CLERK ON October 2^+ 1�o�
BY MAIL POSTMARKED: October 71 I988
Certified P 626 086 763
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
gy1L BATCHELOR, Clerk
DATED: October 24, 1988 eputX_
L. Il
Il. FR�OM/ County Counsel TO: Clerk of the Board of Supervisors
W This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910,2° and we are so notifying
claimant. The Board cannot act for lS 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).
(jr) Other:
Dated: BY Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. uoaxu ouuEx: By unanimous vote of the Supervisors v'e^=` '
This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date. .
NOV � q 1���
Dated: ^»v« " « /aup� PHIL BATCHELOR, Clerk, 8KIDeputy 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 du so immediately,
AFFIDAVIT OF MAILING
I declare under penalty of perjury that l am now, and at all times herein mentioned, have been a citizen of the
United States, over age lD; and that today l deposited in the United States Postal Service in Martinez,
Ca'.ifc/nia° postage fully prepaid a certified copy of this Board Order Notice to Claimant, addressed to
the claimant as shown above. r
���� 1 ��00 \
Dated: v��w � '�0~ BY: PHIL BATCHELOR b Clerk
LAW OFFICES OF MELVIN M. BELLI , SR.
STEVEN M. HANNON, ESQ.
722 Montgomery Street RECEIVED
San Francisco, California 94111
Telephone: (4 15) 981-1849
x. 1988_
Attorneys for Claimant
CL K
B CF HELOR
N SCR
13Y c ty
ALICE CHANDLER, individually )
and as Administratrix of the ) CLAIM AGAINST THE
Estate of CHRISTOPHER MICHAEL ) COUNTY OF CONTRA COSTA
CHANDLER, ) (GOVT.C. S§905, 910)
Claimant. )
TO: THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY:
Claimant ALICE CHANDLER, individually and as anticipated
Administratrix of the Estate of CHRISTOPHER MICHAEL CHANDLER,
submits the following claim against the County of Contra Costa in
accordance with Government Code S§905 and 910 .
1. Names and Post Office Address of Claimant:
Alice Chandler
242 Diane Street, #3
Pittsburg, CA 94565
2 . Post Office Address where
Notices are to be Sent :
Law Offices of Melvin M. Belli, Sr .
Steven M. Hannon, Esq.
722 Montgomery Street
San Francisco, California 94111
415/981-1849
3 . Date, Place and Other Circumstances
which give rise to the Claim:
Christopher Michael Chandler was admitted to
Merrithew Memorial Hospital on or about August 15, 1988, for
surgical repair of - an umbilical hernia. A complication developed
during the surgery; upon information and belief of claimant,
Christopher failed to recover from the anesthesia, whereupon he
was transferred from Merrithew Hospital to Children' s Hospital in
Oakland in a coma where he died two days later. Claimant has been
denied access to the medical records from Merrithew Memorial
Hospital relating to Christopher 's surgery. Accordingly, she is
unable to provide further details concerning the circumstances
which give rise to this claim.
Upon information and belief, claimant asserts that
agents, servants or employees of Merrithew Hospital, including
physicians responsible for Christopher ' s surgery and
administration of anesthesia, were negligent in their provision of
medical treatment to Christopher, including negligent
administration of anesthesia to Christopher .
4 . General Description of Injuries and Losses :
Alice Chandler ' s claim for her injuries, damages and
losses and the claim on behalf of the Estate of Christopher
Michael Chandler is based upon their general damages and her loss
of the love, comfort, companionship, society, affection, solace
and moral support of her son, Christopher; funeral and burial
Chandler - Claim - 0 4 1 3 Z - p . 2
expenses,* her loss of services, advice, the necessities of life
and financial contributions and security which she probably would
have received from Christopher in the future and after her
retirement; all damages recoverable pursuant to Probate Code §573,
including loss of Christopher Michael Chandler ' s earnings and
other special damages; punitive damages; the costs she and the
Estate have incurred and will incur in the future for the medical
care and treatment of her son, Christopher prior to his death.
5 . Names of Public Employees Causing Injuries :
The within claim is based upon the negligent actions
and/or inactions of agents, servants or employees of Merrithew
Hospital, including physicians responsible for the performance of
Christopher ' s surgery and the administration of anesthesia during
the surgery.
6 . Amount Claimed:
The amount claimed exceeds $10, 000 . 00 . Jurisdiction
over the claims rests in the Superior Court for Contra Costa
County.
DATED: October 21, 1988
LAW OFFIC OF MELVIN M. BELLI , SR.
G�
/STEVE ftANNON, ESQ.
Attorneys for Claimant
Chandler - Claim - 0 4 1 3 Z - p . 3
^� ^�_
CLAIM /,,~,1�`
CALIFORNIA
^ uU*x
" Cla�m Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANTNovember 29 1988
and Board Action. All Section references are to ) The copy of this document mailed to You is your notice of
California Government C ) the action taken on your claim by the Board of Supervisors
� (Paragraph IV below), given pursuant to Government Code
Amount: $203 . 45 Section 913 and 815,4. Please note all "Warnings".
County Counsel!
CLAIMANT: STEVE MICHAEL NET
3748 Arlington Circle HT 2 J 198"
ATTORNEY: Pittsburg, CA 94565
Date received 6�ar�A�� ��/� 945��
ADDRESS: BY DELIVERY TO CLERK ON October ID',� �roo'
BY MAIL POSTMARKED: October 17 , 1488
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: October 24, 1988 epu
L. Hall
11. FROM: County Counsel JO: Clerk of the Board of Supervisors
This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections BlO and 910.2, and we are so notifying
claimant. The Board cannot act for 16 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: BYDeputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 91I.]).
IV. BOARD R: By unanimous vote of the Supervisors present
^/ '
(�� ) This Claim is rejected in full .
( )
Other:
T certify that this is a true and correct copy of the Board' Order entered in its minutes for
this date.
�M��9 � ��� �
Dated: mw» � ^ '��~ PHIL BATCHELOR, Clerk, Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (8) months from the date this notice was personally served or
deposited in the mail to file o 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 l am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today l deposited in the United States Postal Service in Martinez,
:-_', "fornix, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
--
Dated-.— DEC 1 1988 BY: PHIL BATCHELOR by u t y Clerk
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 per-
sonal property or growing crops and which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months 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. (Govt. Code §911.2.)
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.
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 See. 72 at the end.of this
form.
RE: Claim By Reserved for Clerk's filing stamp
RECEIVED
I -� ,
Against the County of Contra Costa -1 16
or
District) CLE P T ELOR
(Fill in name) By .. . ... I . . . I tv
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ C) 3 and in support of
this claim represents as follows:
-—--------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
31, /2POO P H,
--------------------------------------------------------------------- --
2. Where did the damage or injury occur? (Include city and county)
bJ (:,� �3
urLi )f7_76�ra CO-
---------- --- ----------------------------------------6------- ----------------
3. How did-the-damage or injury occur? (Give full details; use extra paper if
required)
------------------
4. What particular act or. omission on the part of county or district officers,
servants or employees caused the injury or damage?
pyope-r-
(over)
V
5. Vhat are the names of county or district officers, servants or employees causing
"the damage or injury? `
l vk.Ur� ayes eb- ry acb,-)oik
------------------------------------------------------------------------------------
5. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
e,�
-------------------------------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
(fs61,�-t c-C-ttl
-------------------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
av3 `mss
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorne ) or by some person on his be IF."
Name and Address of Attorney
C aimant" Signa
3��S� ArC�✓�G��� �'��
Address
S-
Telephone No. Telephone No. y17G)�
N 0 T I C E
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, city or district board or
officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than one year, by a fine of not exceeding
one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by
both such imprisonment and fine.
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(NAME OF PERSON QUOTE GIVEN TO or RE EIVED FROM) -
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.FIRM NAME -
ADDR SS PHONE
t ►'Z . fn OILt a
QUOTE RECORDED BY
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JOB NAME JOB DATE
JOB LOCATION JOB PHONE
JOB NUMBER
TYPE OF WORK
DESCRIPTION OF WORK .
I
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i
' CLAIM
A
,BOARD_
ACT
'Claim Agai.st -the County, or Oistrict governed by>
BO ARD
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT 0oz7enbez 29 , 1988
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
C ) the action taken on your claim by the Board of Supervisors
California - (Paragraph IV below), given pursuant to Government Code
Amount: $50 , 000- 00Section 913 and 915.4' Please note all "Warnings".
C-_J In ty (.,C��6C|
CLAIMANT: JAMES LEVZAS SPEARS
901 Court Street #88018063J E Rm' 8 [ `-
. .
ATTORNEY: Martinez ' CA 94553
Date received fviFu����Z CAOctober
ADDRESS: �� BY DELIVERY TO CLERK ON Oc�� �� 19 —I9oo '
BY MAIL POSTMARKED: October 18 , 1988
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: October 24, 1988 epu
L. Hall
ll. FROM: County Counsel TO: Clerk of the ""='" of Supervisors
/
( 1 ) This claim complies substantially with Sections 910 and 010.2.
( ) This claim FAILS to comply substantially with Sections glO and 910,2, and we are so notifying
claimant. The Board cannot act for 16 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 toapply for leave to present.a late claim (Section 911,3).
( )
Other:
Dated: 8Y 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 91I.3).
IV. BOARD ORDER: nt
By -
This Claim is rejected in full.
( )
Other:
l certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
NOVA ���
Dated: ^"v , � " ^^°� 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 dedare under penalty of perjury that l am now, and at all times herein mentioned, have been a citizen of the
United States, over aye 18; and that today l 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: �� 1 \�n�
OEC8Y: PHIL BATCHELOR by eputy Clerk
CC: County Counsel County Administrator
`
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CORKappUcationto:
:. Instructions to ClaimantC!erk of the Board
67 P, C
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 thi 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. � i:aud. See penalty fortfraudulent claims, Penal Code. Sec. 72- at end
of form.
RE: Claim by ) Reserved •for Clerk's filing stamps
V' Som A2
ps . • � RECEIVE®
Against the COUNTY OF CONTRA COSTA)
orTtiJr
Z . SAI DISTRICT)
(� I
�--`� A ISO
He
Fill -in named � -- - --)-=--- c� 10NT O•
eputy
The' undersigned claimant hereby makes claim ag B ay o Contra
Costa or the above-named District in the sum of $ ; Dnp,
and in support `of• this claim represents as follows.- ..-/
-- -----------------T---=--=-=---------------=-------
--- ----- ----
1. When-----did the. damage or injury occur? . (Give exact date and hour
..�.__— --__ T----------------T_ _—______—_—_—_—_--- --------------
2.. Where did the ,damage or injury occur? (Include city and county)
h,4 9 ss3
Tr, ---- - - T --
3. How did the damage or injury occur? (Give full details, use extra _; •
sheets if required),r,F'k*/,Zy - �' CoNT.4CTEO
��T;,� Th£ 445 r #WZ-4/ o-rh,4r. -_7 qhz fw— YAk�y1.11 Er..:
STA / Ed�Cp�:: � X�T�`DE_=t�eA Lirfe.. ,Doses' .. y
pE,�rEly
liv�o�isrl•FD . ThF/rIh Tib /yDe oR�'S
P
4. - What particular act or omission on the art of county or district
officers , servants or employees caused the injury or damage?
fp�lvRE To iyP/a��ir�':__ �O�ojo�-� y�/rh. Ew rl�eown��.v� �w. •
CV1f;V,9 Ry DE��_R r�Aoe ' A , ly4rDICA!
/S7,�eEQA1ry
Ir�4f . e'p . 1T ) T1 �
�d
Wk'T o �o�►'i Cp er. JPFPoR-T. .TO-,6 C;orrW�OlE7 p 8FA04 m,#
5. ' 'Whaft are theA names of county- or district officers, servants or�^t
employees causing the damage or injury? ,sr,�� p/tJr�fO�'7A G p"unlf ,
S PE k) FF +:. , ;�,liG;�7 lr R poi T, na , -, 4 8� ,. Fa Q � ;S rib NA�4(
G� T'/�'a.S,�' r� C vlriv'�►R�r D,�"pAR.7''�Er�' /S •'�"a�'
What damage or , injuries do you claim resulted? I. laive full externt�� .
of injuries or damages claimed.' ,:. Attach two .estimates for auto' - `
damage) :'-f A 7"0 My PAR Go"V/ �&Wlrh'
!t¢�N 4� $v Qt Q v,��vS7; .a ,D.'Scr'WI)V ��?y"";�_ rlvw,
_ _ _ _
7. Howwwa__the amount claimed above computed? r(Include�the�estimated�
amount of any prospective injury, or damage. ) _
S'vQ;,vA �o sir i� a� '�:.. . +'•sl/:: 5 ' ��e«v` bF�j;, ;s
/rI�1TT£ : ..r h4-✓
'IV
jyfF�✓ /�REr*9'iTf G f
Yr Si S,. 'iNGE �"/1F. A�Cic3�Ehlr=Sa�rt�r..
_1A- 1LIC _Fv na !s6!C L4v o S -.� .�Q A_ cad' r�rE'
8. Namds and addresses of .witnesses, doctors and ,hbspitals.
.,
5 - ` 'o�Jr'� osr♦9, , 'oufvr � iFF�s l>E/�A,,Q?"�ri 7'
���a'o�N� R� ..�R r' Iva# '_8S- 6 S�-• � • i�1So ��"` /���1�'R/ ` �- : :..
9. List theaexpenditures you�made�on�account o'f^thieaccident'�or�injury:
DATE ITEM AMOUNT -
W,rr lluAr Th,s n r,-r AVV O
eo(rtr-.w1 Th rh-r NAACPNAACPrh R JE,��f Code Sec. 910.2 provide s
�ylNr/� "The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf. "
Name and 'Address of Attorney
(SEW r�� ESRrtlT C�/V L'vSlod claimant s S�gnat re .
gO
�f o Address Co tJ -- S T
0Q 1" "r.Z� C' fr . 9 rs6
/17 y s
Telephone No. Telephone No.JL; y5nis
a2,32 -933�c=
y NOTICE _ - • .
.Section 72 ;of the Penal- Code provides::
"Every person h16, with intent to defraud,. presents for -allowance or
for_-payment*-to any state board or: officer, * or"' to� any county, town, . city
district, ward br 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 fc�ny."
. - --------- -S�v,���1 iw��^cT'i�n� . _ ��i�l� .___,rok�► b l�r l��JJ' _ _ ivJ _
r -
-- AMA- af
Rc O0,2 r No's
4v"n/
y
__. ter
4 ?
,4/L%,4 S1 S t/6 s f T,e% D oyr oe iu�` �t F,
zJ,
0,4
p op
1
--- - -- s c/� -_Xo/i ons _ R;.qA 1 lv
POO, .,5 Ar Y 44.4 al,41
..........
LA-M
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim ;a:':nst- the County, or District governed by} BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT November 29 , -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: $542 . 23 Section 913 and 915.4. 1 Please note all "Warnings".
CLAIMANT: CAROLYN C . WALKER
2430 Aberdeen Way #3
ATTORNEY: Richmond, CA 94806 - y
Date received
ADDRESS: BY DELIVERY TO CLERK ON October
BY MAIL POSTMARKED: October 25 , 1988
1
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim, (�
1 9 8 8 IL BATCHELOR, Clerk
DATED: October 28 , ��: Deputy
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
(E/ ) 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).
(I } Other:
I17 4
Dated: 0 0 BY Deputy County Counsel
11I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( } Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOA-RDD 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.
NOV 2 9 1966
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.
DEC 1 1988
Dated: BY: PHIL BATCHELOR by ���puty Clerk
CC: County Counsel County Administrator
r Clam 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 per-
sonal property or growing crops and 'which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months 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. . (Govt. Code §911.2.)
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.
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 the end of this
form.
RE: Claim By ) Reserved f Cler 's it Y st
CZ. ) L
Nfoc�&4411�4
) RECEIVED
Against the County of Contra Costa
or
District) P Lpq; LOR R�
Fill in name ) CL_, ARD
NT ury
By .. ....
The undersigned claimant hereby makes claim against th y of Contra Costa or
the above-named District in the sum of $ ;� : � 3 and in support of
this claim represents as follows:
-------------------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
-- -----------------------------------------
2Vi Wheri6 did the damage or injury occur? (Include city and county)
`�,cs-..�_� �-�,;.r:.t/f���c..� >_��.;/G_:--��-:xi�_�c�__�?2_�'--- _�T'n.�uC�Cr<"•��a-- _.
3. How did the damage or injury occur? (Give full details; use expaper if
required) J
� L�Z •-.�t� 1+�._1f�4 �i�'�-L'��._.� l c�i`--�.�L,._✓./—' .,� { �' L--L.. /�1 c��
------------------------------------------------------------------------------------
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage? -
C ���-,,c ,� --7E_ Vic- (over)
5. What are the names of county or district officers, servants or employees causing;,
the damage or injury? '
Ir I-
5. -What damage or injuries do you claim resulted? (Gi a full extent of injuries or
damages claimed. Attach two estimates for auto damage.
7. How was the amount claimed/above computed? (Include the estimated amount of any
prospective injury or damn e.)
= —' -_ - _--'= -- y� - `'—='---= --C;Cc'_-_ '�L.fd �U_+C•<. = --------------------
✓ _ .
8. Names and addresses of witness, doctors and hospitals.
-------------------------------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attornev) or by some person on his behalf."
Name and Address of Attorney
Claimant's Signature
Address
17
Telephone No. Telephone No. •/ -_—�� . ') j 7 j
* * 4 V V I V V I V V IT * I V V I I V * :t
N O T I C E
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, city or district board or
officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than one year, by a fine of not exceeding
one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in
the state prison, by a fine of not exceedin, ten thousand dollars ($10,000, or by
both such imprisonment and fine.
pe a of Pa es
LIDOa � O � D
2199 MERIDIAN PARK BLVD.
. � CONCORD, CALIFORNIA 94520
676-4400
NAVE PHONE DATE j
STREET r j CITv' I - -----
YEAR I COLOR j MAKE MODEL
REGISTRATION NO I SERIAL'=D ODOMETER ESTIMATEPREPAGEC'B-
INSURANCECO i ADJUSTOR
REPLACE REPAIR DEsc4w T10M PARTS LABOR S:,"eLE7
j
- I I
i
TOTALS
The above is an estimate based on our inspection and does not TOTAL PARTS . . . . . . . . . . . . . . . $
cover any additional parts or labor which may be required after the
work has been started. Occasionally. worn or damaged parts are TOTAL LABOR . . . . . . . . . . . . . . . $
discovered which may not be evident on the first inspection Because
of this,the above prices are not guaranteed.Quotations on parts and $
labor are current and subject to change
TOTAL SUBLET . . . $
AUTHORIZATION FOR REPAIR. You are hereby authorized to
make the above repairs: TAX . . . . . . . . .
. . . . . . . . . . . . $
. . .
SIGNED: $
DATE: TOTAL . . . .. . . . . . . . . .. . . . . . .. $
911a& AM&
3291 Auto Plaza Richmond, Calif. 94806
Telephone ••'222-6900;
Estimate of. Repairs Date
Mak e. Model. - 7. VIN' .
`. E Mfg Date �
Estmated by -.�" . License No. Color
("
Parts/Repairs Part Price Labor
R & R - Remove and Replace TOTAL PARTS
N - New -
W - Used _ TAX ;
R & I - Remove and Inspect
Sublet - Out side Labor or Supplies SUBLET
Including Machine work
LABOR
TOTAL �� '
S
APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT November 29 , 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 "WARNING" below.
Claimant: ROBERT TUCK
c/o Stanley J. Bell , ESQ. °
Attorney: Law Offices of Stanley J. Bell
505 Sansome Street 18th Floor v
Address: San Francisco, CA 94111
Amount: Unspecified By delivery to Clerk on October 26, 1988
Date Received: October 26 , 1938 By mail, postmarked on October 25 , 1988
Certified P 915 866 093
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Application toe to Claim.
D
DATED:October 28 , 1988 PHIL BATCHELOR, Clerk, By �� eputy
T, Ha"11
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 J!1 i e 'on 1.6).
DATED: VICTOR WESTMAN, County Counsel, By Deputy
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: N 0 Y 2 9 196 PHIL BATCHELOR, Clerk, By 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 you want to consult an attorney, u should do so immediatel .
IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Board's copy of this Claim in accordance with Section
29703.
DATED: E 1 1988PHIL 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
<
RECEIVED
OCT 2 61988
PHIL BATCHELOR
CLERK COARD OF SUPERVISORS
Claim of ROBERT TUCK, ] By CONTRA COSTA CO.
]
2 Petitioner, ] APPLICATION FOR LEAVE
] TO PRESENT LATE CLAIM
3
V. ] ON BEHALF OF CLAIMANT,
] ROBERT TUCK
4 COUNTY OF CONTRA COSTA, a ]
municipal corporation; l
5 DEPARTMENT OF PUBLIC WORKS OF ]
THE COUNTY OF CONTRA COSTA, ]
6 a public entity; CONTRA COSTA ]
COUNTY FLOOD CONTROL, DEPART- ]
7 MENT OF PUBLIC WORKS, a public ]
entity; ]
8 ]
Respondents . ]
TO: BOARD OF SUPERVISORS RECEIVED
10 COUNTY OF CONTRA COSTA
►-a a = 651 Pine Street 1988_
1470 -. ° d it
70.- 'o Martinez, California 94553
W r E &L
s �d 1 2 CLER PHI RD gA ER ORS
° °� < = o COUNTY OF CONTRA COSTA JTR
O u F By .. ..,..r..
U oar < � By OF PUBLIC WORKS
o'er z 6 " ut
0 13 255 Glacier Drive
<IW-1 < = 14 Martinez, California
.JZ
o � z � a
° CONTRA COSTA COUNTY FLOOD CONTROL
< F 15 DEPARTMENT OF PUBLIC WORKS
16 255 Glacier Drive
Martinez, California
17 1 . Application is hereby made, pursuant to Government
18 Code Section 911 .4 for leave to present a late claim founded on
. 19 a cause of action for personal injuries which accrued on or
20 about November 12, 1987, for which a claim was not presented
21 within the 100-day period provided by Section 911 .2 of the
22 Government Code. For additional circumstances relating to the
23 cause of action, reference is hereby made to the proposed claim
24 attached to this application.
25
26
I t +
Y
1 2.. The failure to present this claim within the
2 100-day period specified by Section 911.2 of the Government
3 Code was caused by mistake, inadvertence, surpriseand
4 excusable neglect, all as more particularly shown by the
5 attached declaration of Robert Tuck.
6 3 . This application is being presented within a
7 reasonable time after the accrual of this cause of action, as
g more particularly shown by the attached declaration of Robert
9 Tuck.
10 WHEREFORE, it is respectfully requested that this
Wz 0:; 11 application be granted and that the attached proposed claim be
Ggom 12 received and acted upon in accordance with Sections 912.4 - 913
&31-zo_ r� —
U USW 13 of the Government Code.
oW0zm °z
3►.a 55 9 o 1988 .
z 14 DATED: October 24 ,
s � z
[d_,< % " 15 LAW OFFICE F/STANLEY LL
16
17 By:
✓,S3ANLEY L
18 Attorneys fo. Claimant
19
20
21
22
23
24
25
26
-2-
1 CLAIM FOR DAMAGES FOR PERSONAL INJURIES
2 TO: BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
3 651 Pine Street
Martinez, California 94553
4 COUNTY OF CONTRA COSTA
5 DEPARTMENT OF PUBLIC WORKS
255 Glacier Drive
6 Martinez, California
7 CONTRA COSTA COUNTY FLOOD CONTROL
DEPARTMENT OF PUBLIC WORKS
8 255 Glacier Drive
Martinez, California
9 PLEASE TAKE NOTICE that the undersigned hereby serves
10 and makes demand upon p you for the cause and amounts set forth
►'� o 0 :; 11 in the following claim:
r e.
0 < - off 12 Claimant ' s name and address :
3� 03C
> <z < 6 w 13 ROBERT TUCK
W OzwyO Route 2, Bog 157C, Delta Road
il-4 0 a 14 Oakley, California 99561
Z
� a0�� �
15 Claimant ' s mailing address to which notices are to be
sent :
16
17 Stanley J. Bell, Esquire
LAW OFFICES OF STANLEY J. BELL
18 A Professional Corporation
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
22 occurrence described below and general damages are in excess of
23 the jurisdictional minimum of the Superior Court.
24
25
26
' a ,
y 4
I Date and Place of Occurrence giving_ rise to the Claim
2 asserted:
3 On or about the 12th day of November, 1987 at the new
4 Flood Control Project in the City of Walnut Creek, County of
5 Contra Costa, State of California.
6 Description of Occurrence:.
7 That on or about the aforementioned date and for some
8 time prior thereto, the above-named public entities, by and
9 through their agents, servants and employees, negligently and
10 carelessly owned, possessed, operated, constructed, inspected,
azao :; 11 maintained, contracted, subcontracted, supervised, coordinated,
owoa
W g8
12 controlled and had a right to control, engineered, designed,
�U� U + 13
z� � F performed and planned construction work and supplied men and
z < WOW
Wozwuz
«7 ow o x 14 materials to the construction site referred to herein in that
E O C W
0. 15 they failed to properly and safely control and supervise the
16 connecting of rebar mat on said job site, thereby creating a
17 risk of injury to men working on said job site; and further in
18 that they knew, or in the exercise of ordinary care should have
19 known of the unsafe rebar mat connecting practices being
20 conducted on said job site and failed to remedy said
21 conditions, having a reasonable opportunity to do so; that said
22 public entities, and each of them, knew or in the exercise or
23 ordinary care , should have known that the work -in which claimant
24 and others were engaged would necessarily create during the
25 course of its progress a condition involving peculiar risk of
26 bodily harm to others unless special precautions were taken and
-2-
I that said public entities and others failed to take such
2 special precautions or to otherwise remedy said conditions,
3 having a reasonable opportunity to do so; that said public
4 entities, and each of them, were further negligent and careless
5 in that they failed to exercise ordinary care in order to 'avoid
6 exposing persons thereon to an unreasonable risk of harm; that
7 as a direct and proximate result of the negligence and
8 carelessness of said public entities, and each of them, as
9 aforesaid, while claimant was carrying rebar from one area to
10 another, a portion of the rebar mat was caused to fail, thereby
6.440z 11 causing claimant to place an undue strain upon his person and
WF � 0 � o
alo 12 further causing him to sustain severe personal injuries .
o 24
a � :,
•, a u s 1988 .13 DATED: October ,
i ZN `WOW
:a0oWo 14 LAW O CES F STANLE . BELL
zr ffi
004
15
V/ N y
16 By:
ST2J. BEL
for Claimant
17 ��Attor
18
19
20
21
22
23
24
25
26
-3-
I Claim of ROBERT TUCK, ]
]
2 Petitioner, ]
] DECLARATION OF ROBERT
3 V. ] TUCK IN SUPPORT OF
] APPLICATION FOR LEAVE
4 COUNTY OF CONTRA COSTA, a, ] TO PRESENT LATE CLAIM
municipal corporation; ]
5 DEPARTMENT OF PUBLIC WORKS OF ]
THE COUNTY OF CONTRA COSTA, ]
6 a public entity; CONTRA COSTA ]
COUNTY FLOOD CONTROL, DEPART- ]
7 MENT OF PUBLIC WORKS, a public ]
entity; ]
8 ]
Respondents . ]
9 ]
10 I, ROBERT TUCK, declare as follows :
1.4 I am the petitioner in the above-entitled cause and I
1.4 ow 00
w ��� � o
�pqg " 12 make this declaration in support of my Application for Order
3Pmzo2F� —
UaW �'W4n 13 Relieving Claimant from the provisions of Government Code
t►4 H o o s 14 Section 945 .4 .
Zz � W
d00io I am a journeyman ironworker from Oklahoma having
� z 15
16 moved to California in January of 1987. In June of 1987, I
17 joined the Ironworkers Union in Oakland, California as a
18 journeyman. As a union member I obtained jobs by notifying the
19 union that I am looking for work. When work becomes available,
20 the union gives me a slip of paper which states the name of the
21 employer, the rate of pay and job location.
22 In approximately September, 1987, I received a job
23 assignment slip specifying that I was to work for Omega
24 Industries at the flood control project in Walnut Creek.
25 On this job I had no supervisory capacity. My
26 instructions came directly from my foreman whom I believed
received his instructions from employees of Brutoco Engineering
1
& Construction, the general contractor on this project.
2
Therefore,. to my knowledge, the only personnel I or my foreman
3
ever dealt with were employees of a private company.
4
After my accident, I reported the occurrence to my
5
foreman who I assume reported it to those in authority above
6
him.
7
As a result of my accident, I suffered a severe ankle
8
injury requiring surgical correction. This injury has caused
9
severe pain, reduced range of motion and has prevented my
10
return to work as of this date.
—lzaC) 11
W F ` g In September of 1988, it became apparent to me that I
0.Mo�m � t2
° � <ERO, may not ever 'be able to return to ironwork and at that time I
'Mz 02 W::J _
�+ aaUs 13
OWz° z 6z contacted the Law Offices of Stanley J. Bell to represent my
-1 S�p� a 14
�ooz� interests . It was at that time that I first became aware that
< o 15 the project on which I. was injured involved a public agency.
16
I declare under penalty of perjury that the foregoing
17
is true and correct and if called as a witness I can
18
competently testify thereto.
19 Executed this day of October, 1988 at San
20
Francisco, California.
21
22 /
23 ROB EXTI T T fJK
24
25
26
-2-
RE: Claim of ROBERT TUCK
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
Application for Leave to Present Late Claim, Claim for Damages for
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 A �a 1488
BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
651 Pine Street
Martinez, California 94553
COUNTY OF CONTRA COSTA
DEPARTMENT OF PUBLIC WORKS
255 Glacier Drive
Martinez, California 94553
CONTRA COSTA COUNTY FLOOD CONTROL
DEPARTMENT OF PUBLIC WORKS
255 Glacier Drive
Martinez, California 94553
I declare under penalty of perjury . that the foregoing is true and correct.
Executed in San. Francisco, California on October 24 , 1988
Donna L. Kotake